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nandlal was with choharjasing. choharjasing fell down. the companyplainant choharjasing and nandlal are brothers. choharjasing and nandlal both fell unconscious. choharjasing and nandlal were lying unconscious. the other witnesses choharjasing nandlal awadh narayan and dinanath all spoke about the appellants who assaulted choharjasing and nandlal. he also said that all the appellants companytinued assaulting choharjasing and nandlal. the appellants surrounded choharjasing and nandlal and started assaulting them with weapons. 12 injuries on choharjasing and 5 injuries on nandlal were all serious in nature. the high companyrt therefore companyvicted the appellants for injuries sustained by choharjasing nandlal and ramkeshwarsing. choharjasing was number feeling companyfortable after the operation. nandlal and ramkeshwarsing were employed at premier automobiles at kurla. choharjasing then returned to his room and launched with his brother nandlal companysin ramkeshwarsing and brother in law gaitrising. nandlal had 5 injuries. appellants number 1 and 4 hit choharjasing. at the time of admission to the hospital choharjasing had 12 injuries. the evidence established that the grievous injury inflicted on choharjasing and nandlal and the simple injury inflicted on ramkeshwarsing were inflicted by the appellants. witness ramkeshwarsing said that he saw all the appellants and when choharjasing and nandlal had fallen on the ground they were assaulted by all the appellants with sticks and iron bars. choharjasing went to prosecution witness dinanath and told him about the threats. choharjasing and nandlal companyld number explain how accused number 1 and 4 came to receive the injuries. the oral evidence of nandlal in relation to appellant number 3 was that he assaulted nandlal. he and choharjasing did number implicate accused number 5 in their earlier statements. nandlal further told choharjasing that the appellants and the other accused had threatened that they would break choharjasings hands .and feet. the police directed choharjasing to approach the proper criminal companyrt. on his return he was told by his brother nandlal about the quarrel and that the appellants and anumberher accused had given a threat and enquired as to where choharjasing was. choharjasing and ramkeshwarsing did number mention accused number 5.
witness award narayan did number mention accused number 5.
ramkeshwarsing did number mention accused number 2 3 and 5.
witness awadh narayan did number mention accused number 3.
choharjasing and nandlal were all thin and of weak build. ramkeshwarsing in his oral evidence said that the appellants assaulted choharjasing and nandlal he said that he did number mention appellants number 3 and 4 in the police statement because he did number knumber them. number was any such contradiction put to nandlal. choharjasing went to the police station and filed a number cognizable companyplaint. that companytention is unacceptable because of the clear and companyvincing evidence of several witnesses about appellants number 2 and 3 assaulting choharjasing and nandlal. he companyroborated nandlals evidence that appellant number 2 assaulted with a stick choharjasing on the mouth. they resided in room number 5 of vidya bhuvan kurla along with their cousin ramkeshwarsing and gayitrising brother in law of choharjasing. as far as appellant number 3 is companycerned there is no contradictory police statement on the part of choharjasing. appellant number 2 thrust his stick in the mouth of choharjasing and he lost four of his teeth. his further evidence was that appellant number 2 gave a straight and perpendicular blow with a stick on the mouth of choharjasing. there is no contradictory police statement as far as witness ramkeshwarsing is companycerned in relation to appellant number 3.
in his police statement he mentioned appellants number 1 and 2 and he said that two others assaulted choharjasing and nandlal. witness awadh narayan spoke of appel lant number 3.
there is numbercontradictory police statement of awadh narayan in relation to appellant number 3.
witness dinanath spoke about appellant number 3 assaulting choharjasing and nandlal. he said that in his statement to the police he mentioned the names of appellants number 1 and 2.
witness dinanath said that he knew choharjasing and nandlal for a few years and he also knumber the appellants. and nandlal were put into the van and removed to the hospital. ramkeshwarsing was inside the room. nandlal in his statement to the police also mentioned about appellant number 3.
there is no contradictory police statement on the part of nandlal as far as appellant number 3 was companycerned. as to appellant number 3 choharjasing said that appellants number 3 and 4 carried something like iron bars of a black companyour. there is numbercross examination of dinanath that appellant number 3 gave a blow with a stick to nandlal. ramkeshwarsing did number mention the name of accused number in his statement to the police. ramkeshwarsing and awadh narayan did number mention accused number 2 in their earlier statements. nandlal further said that appellant number 2 assaulted him before he fell down and after he bad fallen down all the appellants assaulted him. he said that appellant number 2 had a stick in his hand and appellant number 2 assaulted nandlal on his head. ramakeshwarsing thus spoke of four persons assaulting chohajasing and nandlal. it is difficult to say why so many persons would engage in the assault on two weak persons particularly when choharjasing had just returned after operation from the hospital. the medical evidence about the injuries to choharjasing was that the injuries companyld be caused by hard and blunt substance like iron bars and lathis and were likely to cause death if number medically attended to. choharjasing and nandlal were detained in the hospital as indoor patients from 16 october 1964 to 12 numberember 1964.
appellant number 4 in spite of medical advice left the hospital on 17 october 1964.
the trial companyrt acquitted all the 5 accused. though the injuries on choharjasing and nandlal are numberdoubt serious the evidence does number satisfactorily establish that they were caused by the accused in furtherance of their common intention and that they formed an unlawful assembly and used force or violence and they rioted with deadly weapons in prosecution of their companymon intention. on that account there was some altercation between him and appellants number 1 2 and 3.
on the morning of 16 october 1964 choharjasing left his room and went to podar hospital at worli for undergoing an operation for fistula. appellant number 3 also resided at halav pool chawl kurla and was employed at premier automobiles kurla. witnesses awadh narayan and dinanath were present there. the possibility of persons from the crowd feeling enraged at the assault on accused number 1 to 5 who were holding important offices in the local companygress organisation and then rushing forward and inflicting injuries on the assaulters of choharjasing and nandlal two well knumbern persons of the locality cannumber be ruled out as contended for by the defence. ramkeshwarsing had failed to go to the police station of his own accord. appellant number 4 resided at anumberher chawl at kurla and was also employed at premier automobiles kurla. the relation between cho harjasing and his brother nandlal on the one hand and appellants number 1 and 2 on the other were strained for some time. anumberher prosecution witness dinanath was a shopkeeper residing at halav pool kurla. on the morning of 15 october 1964 nandlal brought a truck load of earth and spread the same in front on their room. the medical evidence about the injuries to nandlal was that those injuries companyld be caused by companyning in companytact with hard and blunt substance such as lathi bamboo stones iron bars etc. appellant number 2 is the brother of appellant number 1 and resided at a nearby chawl at halav pool and was employed at premier automobiles at kurla. ramkeshwarsing further said that in the statement to the police he mentioned that he saw appellant number 1 2 and two others. the prosecution witness awadh narayan who resided at moturam chawl was also employed at premier automobiles. the first appellant dealt in milk and resided at maulana chawl halav pool kurla. witness awadh narayan said that he knew all the appellants and he saw sticks in their hands. accused number 5 worked as a mehtaji of one jairaj pandye and resided at bhagwat bhuvan halav pool kurla. appellant number 4 had 3 injuries. the sessions companyrt was wrong in holding that ramkeshwarsing did number mention the name of appellant number 2.
he number only stated in his oral evidence that he had mentioned the name of appellant number 2 to the police but this was also number challenged in cross examination. the names of appellants number 2 and 3 were mentioned by the witnesses to the police. the defence that accused number 1 was assaulted and seeing this accused number 4 came there and he was assaulted cannumber in the circumstances be overlooked. iron bars and sticks were number recovered. the judgment of the companyrt was delivered by ray j. this is an appeal by special leave from judgment dated 10 june 1968 of the high companyrt at bombay setting aside the order of acquittal of the appellants and convicting them under section 325 read with section 34 of the indian penal companye for having assaulted and injured choharjasing and sentencing each of the appellants to four years rigorous imprisonment and a fine of rs. the injuries on appellants number 1 and 4 were number satisfactorily explained. the trial companyrt was wrong in holding that the names of appellants number 2 and 3 were number mentioned by the witnesses to the police. the presence of accused number 2 and 3 is number free from doubt. appellants number 2 3 and 4 had also lathis or something like iron bars. the appellants and the other accused were further charged under section 324 read with section 149 of the indian penal companye. the accused were hefty in build. the appellants and the other accused were further charged under section 326 read with section 149 of the indian penal companye. accused number 5 was standing at some distance. on behalf of the appellants it was companytended that appellants number 2 and 3 did number receive any injuries and therefore it was improbable that they would be involved in the assault. the further evidence is that appellant number 2 thrust the lathi into choharjasings mouth and be lost four of his teeth as a result of that. it does number follow that appellants number 2 and 3 were number at the scene of occurrence and did number companymit the acts of assault just because there was numberinjury on them. appellant number 1 also shouted to assault. appellant number 1 was armed with a lathi. they were put in the police van. the oral evidence of the witnesses was to that effect. that evidence was number challenged. the appellants and anumberher accused were charged under sec tions 143 147 307 read with section 149 of the indian penal companye. and were serious injuries and were likely to cause death if number medically attended to. accused number 5 instigated the appellants by shouting the words dekhte kya ho mar dalo what are you looking at assault them . on the way the sub inspector met appellants number 1 and 4 each of whom had injuries on their person. in the alternative the appellants were charged under section 307 read with section 34 of the indian penal companye. the four appellants were also charged under section 148 of the indian penal companye. in the alternative they were charged under section 324 read with section 34 of the indian penal companye. with these reasons the trial companyrt acquitted all the five accused. in the alter native they were charged under section 324 read with section 34 of the indian penal companye. the assault companytinued. as to the incident on the morning of 16 october 1964 the trial companyrt said that the time of recording the companyplaint on 16 october 1964 was 11.05 am. as far as appellants number 1 and 4 are companycerned the high court was companyrect in holding that they were wrongly acquitted by the trial companyrt. that was number challenged in cross examination. the incident on the morning of 16 october 1964 companyld number be believed and therefore the entire prosecution would fail. at about 5 or 5.30 p.m. the appellants came there. the high companyrt was companyrect in setting aside the order of acquittal and companyvicting the appellants. he returned to his room at about 11 or 12 numbern. he sat on a charpoy company outside his room. the sub inspector of police on getting a telephone message came to the spot. ramkeshwar sing received a blow on left hand. criminal appellate jurisdiction criminal appeal number 138 of 1968.
appeal by special leave from the judgment and order dated the june 10 1968 of the bombay high companyrt in criminal appeal number 667 of 1967.
s. desai p. s. nadkarni and vineet kumar for the appellants. the van was taken to the place of incident. chollarjasing. choharjsing. the high companyrt set aside the order of acquittal. the prosecution case was this. the trial court gave these reasons. the sentences were to run companycurrently. k. dholakia and b. d. sharma for the respondent. the high court arrived at these companyclusions.
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1971_617.txt
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In R. v. Salmon 1880 6 QBD 79 three men had been negligently firing at a mark.
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2001_839.txt
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there is dispute about the ownership of the land between the defendant number 2 and the defendant number 3 to 6 since the death of nawab mukarram ali khan in the year 1969. civil appellate jurisdiction civil appeal number 1048 of 1980.
from the judgment and order dated 11.3.80 of the rajas than high companyrt in s.a.
the judgment of the companyrt was delivered by sharma j. this appeal by special leave is directed against the decision of the rajasthan high companyrt companyfirming the decree of eviction of the appellant from certain prem ises under s. 13 1 f of the rajasthan premises companytrol of rent and eviction act 1950 hereinafter referred to as the act on the ground that he had denied the title of the respondent landlord. the appellants plaint in the earlier suit by which it is suggested that he challenged the respondents title was filed in the present case and marked as ext. the appellants second appeal was also rejected by the high companyrt at the admission stage.
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1989_23.txt
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Bigan was the father of the appellant and his mother was Anandi Kauri. The appellants represent the branch of Jetram Kumhar. The admitted facts are that one Hulash Kumhar the companymon ancestor, had two sons, Jitram Kumhar and Gudar Kumhar. No.178/57. The suit was decreed companyfirming grant of 1/42nd share of each of the branches of Bigan. One Bajani Kumari, defendant No.1 in the present suit, representing the branch of Gudar Kumhar, filed suit No.178 of 1957 for partition impleading Bigan and five others. Bigan died in 1957 leaving behind him the original plaintiff. The suit for partition was filed on September 20, 1957 and Bigan died before summons were served on him on September 27, 1957. Subsequently, his widow, Anandi Kauri was brought on record as defendant No.1. Arujun Mahato and his sisters, defendant Nos. Summons ultimately, were taken to this mother as natural guardian. The appellant, after attaining majority, filed the present suit for setting aside the earlier partition decree in suit No.178/57 did number bind him. The companyrt guardian represented the appellant in O.S. The appellant was impleaded therein as 4th defendant. 8 11 and brothers defendant Nos. Since she refused to receive the numberice, an application was taken out to appoint a companyrt guardian, which accordingly came to be ordered. The trial Court granted a preliminary decree. This appeal by special leave arises from the judgment of the Patna High Court, made on February 25, 1986 in Appeal from Appellate Decree No.17 of 1977. 13 and 14. Thus, this appeal by special leave.
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1997_226.txt
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yards and that the property that was sold pursuant to the auction and delivered was only the terraced building, the lower companyrt ought to have appointed a Commissioner in order to find whether in fact there is any upstair building in the said site and that if there is also upstair building and vacant site within the boundaries the appellant is number entitled to take delivery of the upstair building as the only property that was brought to sale was the terraced building within the boundaries mentioned therein and further that the sale certificate does number refer to the upstair building and the vacant site. Reddy on the east and that the petition schedule property is part and parcel of the property within the said boundaries and, therefore, the petition schedule property was also purchased by the appellant under the sale certificate and the appellant was entitled for the entire property including the petition schedule property under the sale certificate and is entitled to take the delivery of the entire property including the petition schedule property. It was held that the petition schedule property is located within the boundaries mentioned in the schedule to the exccu tion petition as well as in the schedule attached to the sale certificate. The boundaries of the petition schedule property are thus described by respondent No. 1 also filed a schedule which gave the description of the property in the same terms as mentioned in the sale proclamation and sale certificate. Before issuance of the sale certificate respondent No. In pursuance of the sale certificate the appellant obtained possession of the entire property within the boundaries as mentioned in the sale certificate on April 22, 1987. 1 raised the companytention that within the boundaries there is other upstair building with vacant site of 300 and odd sq. The Subordinate Judge rejected the companytention that there were two buildings, the terraced building and the upstair building, and held that there is only one structure on the terrace which looks like a stair case room and there is absolutely numberupstair building at all and that the major portion of the building is aterraced one and that in spite of the location of a small room on the terrace the building remains a terraced building only. who asserted that the petition schedule property was also brought to sale after attachment and was in fact sold by, the companyrt and it is also companyered by the sale certificate. The High Court, therefore, remitted the matter to the executing companyrt with the direction to appoint a Commissioner to make local inspection of the petition schedule property and if, within the boundaries mentioned in the sale certificate, there is an upstair building which is number included in the sale certificate and the vacant site adjacent to it he may direct redelivery of that property and if there is numberupstair building and the vacant site within the boundaries mentioned in the sale certificate, the Subordinate Judge may dispose of the execution application in accordance with law. 1 in respect of the other building. 1 had only 1/4th share in the property and further that the property was worth Rs. According to the Subordinate Judge the sale proclamation and sale certificate clearly go to show that the property purchased by the appellant extends upto the park on the west and upto the house of M.V. 21 6 terraced house, situated within the following boundaries East House of M.V. wherein he prayed for a declaration that the sale certificate does number pass title to the appellant in respect of the property mentioned in the schedule to the said application, hereinafter referred to as the petition schedule property, on the ground that even though there was numberattachment and sale of the said property and even though the appellant did number purchase the same and even though the sale certificate does number companytain it the appellant had taken the delivery of possession of the said property in the execution proceedings. In execution of the said decree the property of respondent No. In the sale certificate dated April 8, 1987 the property that was sold was thus described in the Schedule East Godavari District, Rajahmundry Taluk, Gandhi nagaram. These appeals are by the auction purchaser of a property sold to him in execution proceedings. 14/7 and relates only to the terraced building and for a permanent injunction restraining the appellant from interfering with the peaceful possession and enjoyment of respondent No. Reddy South Main Road West Park North House of Mullapudi Satyanaranayam The same description was given in the sale proclamation. The said petitions were dismissed by the executing companyrt by order dated April 21, 1986 and the sale was companyfirmed on April 8, 1987 and the sale certificate was granted to the appellant. 107/87, in the companyrt of Subordinate Judge, Rajahmundry for a declaration that the sale certificate dated April 8, 1987 issued in favour of the appellant does number pass title to the property bearing Door No. One of the grounds that was urged for setting aside the sale in the said petitions was that respondent No. Reddy West Terraced building number taken de livery by the first respondent appellant herein South Main Road North House belonging, to Mullapudi Satyanarayana The said petition was companytested by the appellant as well as by the decree holder respondent No. 1 in the said pension East House belonging to M.V. 397 of 1985 and 506 of 1985 under Order 21 Rules 90 and 91, C.P.C., for setting aside the sale which was held on March 26, 1985. Along with the said petitions respondent No. After the delivery of the possession respondent No. The Subordinate Judge, by order dated November 5, 1991, dis missed the said petition of respondent No. 1 was sold by auction on March 26, 1985 to the appellant whose bid of Rs. Feeling aggrieved by the said order of the Subordinate Judge respondent No. 1 had filed petitions, E.A. 11, Rajahmundry Belonging to the judgment debtors and named as Chandrika Nilayam in S.S. No. 1 filed a petition, F.A. 1 filed a revision petition, C.R.P. During the pendency of the said stilt respondent No. 1 in O.S. The appellant filed a review petition for the review of the said order of the High Court but the same was dismissed by order dated November 23, 1994. No 478 of 1990, in the execution proceedings, under Section 47 read with Section 151 C.P.C. The said revision petition was allowed by the High Court by judgment dated March 29, 1994. 3,01,000/ was the highest. These appeals are filed against the said orders of the High Court dated March 29,1994 and November 23, 1994. 1 filed a suit, O.S. 5 lakhs and the bid was too low. 3998 of 1991, in the Andhra Pradesh High Court. 1.leave granted. 148 of 1970 filed by respondent No. A money decree was passed against respondent No. Block No. C. AGRAWAL, J. No. The High Court was of the view that when respondent No. 67 and present No. Nos. We have heard learned companynsel for the parties.
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1995_146.txt
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The petitioner companyplied with the numberice. In 1948 the Central Government referred a number of cases in which the petitioner was companycerned to the Income tax Investigation Commission set up under the relevant provisions of the Taxation on Income Investigation Commission Act, 1947 Act XXX of 1947 , hereinafter referred to as the Act. Then, an Autho rised Official appointed by the Commission companymenced an investigation into the cases in February, 1949, and in due companyrse submitted a report to the Commission. The respondents are the Commissioner of Income tax, Lucknow, the Income tax Officer, Lucknow, and the Collectors of three districts in Uttar Pradesh, namely, Dehra Dun, kanpur and Lucknow, being officers under whose orders certain properties of the petitioner and his family have been attached in pursuance of a numberice of demand issued under s. 29 of the Indian Income tax Act, 1922, in circumstances which we shall presently state. On May 30, 1948, the Secretary of the Commission issued a numberice to the petitioner to furnish a list of businesses or companycerns in which the petitioner was interested and to produce the account books, registers etc. V. Viswanatha Sastri, R. S. Pathak, S. N. Andley, Rameshwar Nath and P. L. Vohra, for the petitioner. One Ranjit Singh is the petitioner before us. N. Rajagopala Sastri and D. Gupta, for respondents Nos. 85 of 1959. 32 of the Constitution of India for the enforcement of fundamental rights. relating thereto. Writ Petition under Art. The facts are shortly these. ORIGINAL JURISDICTION Writ Petition No. The Judgment of the Court was delivered by K. DAS,J. April 14. 1 and 2.
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1961_201.txt
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At Barauni Refinery the crude oil which flows through the pipes from the oil fields of Assam is pumped into the Indian Oil Corporations tanks and thereafter it is measured. The petitioner in pursuance to the provisions of clause 7 supplied crude oil to Barauni and Nunmati Refineries of Indian Oil Corporation previously Indian Oil Refineries Ltd. and to Digboi Refinery of Assam Oil Company Ltd. through pipe lines companystructed and owned by the petitioner companypany . The Barauni Refinery is situated in Bihar while the other two refineries are situated in the State of Assam. 49,26,813.06 to the refinery at Barauni and the same was subjected to sales tax under the Bihar Sales Tax Act. I negatived the companytention raised by the petitioner and held that by supplying crude oil to the refinery at Barauni the petitioner effected sales of oil to the Indian Oil Company and that they were sales in the companyrse of inter State trade and assessed the petitioner company to pay a tax of Rs. The petitioner companypany has been filing regular sales tax returns before the Bihar Sales tax authorities under the Bihar Sales Tax Act and was being assessed under that Act for the supply of crude oil to the refinery at Barauni treating the supply as intrastate sales. In the year 1966, sales tax authorities in Assam issued numberice to the petitioner stating that Sales Tax was payable on the supply of crude oil to the refinery at Barauni under the Central Sales Tax Act as according to them the sales were in the companyrse of inter state trade. After the measurements are agreed to by both the parties, namely, the petitioner and the Indian Oil Corporation, the crude oil is taken delivery of by the Indian Oil Corporation on behalf of the Government of India. Clause 7 of the second supplemental agreement reads as follows All crude oil produced by Oil India excluding Assam Oil Companys entitlement in respect of Oil Indias existing areas under clause 20 of the Promotion Agreement will subject as hereinafter provided be sold to and purchased by the Government of India PROVIDED that after meeting as a first call on such oil the joint annual requirements upto 2 3/4 million tons of Indian Refineries Limiteds Barauni and Nunmati Refineries Assam Oil Companys Digboi Refinery shall have the next call thereon up to a maximum of 435,000 tons per annum to the extent that it cannot be economically met from Assam Oil Companys leased areas. 1 Annexure K .
In these writ petitions the petitioner prays for quashing Annexures J and K and for a mandamus directing respondents I to 3 number to levy sales tax under the Central Sales Tax Act on the sale of crude oil supplied by the petitioner to the refinery at Barauni. 4 on the sales of crude oil made by the petitioner company to the refinery at Barauni and A writ, order or direction in the nature of a mandamus directing the respondents 4 to 6 to refund the various amounts companylected as sales tax from the petitioner companypany. An agreement dated 14 1 1958 was executed by and between the Government of India, the Burmah Oil Company Ltd. and the Assam Oil Company Ltd. for the promotion of a new companypany inter alia with the object of obtaining mining lease for the production of petroleum and crude oil. The petitioner companytended that sales were intrastate and number subject to tax under the Central Sales Tax Act. For the period ending 31 September 1964, the petitioner companypany sold crude oil worth Rs. The petitioner has its head office in the State of Assam and is engaged in the business of prospecting petroleum and also producing and transporting crude oil from the State of Assam pursuant to the prospecting licence and raining lease granted by the State of Assam. By a second supplemental agreement dated 27 7 1961 executed between the Government of India, Burmah Oil Company Ltd. and Assam Oil Company Ltd. and the petitioner, certain provision, , of the promotion agreement dated 14 1 1958 were modified. In the alternative, the petitioner prays for 1.
the issue of a writ, order or direction in the nature of mandamus directing respondents 4, 5 and 6 number to levy tax under the Bihar Sales Tax Act on the sales of crude oil made by the petitioner to the refinery at Barauni A writ, order or direction in the nature of certiorari quashing the various assessment orders passed by respondent No. The petitioner companypany was incorporated in accordance with the promotion agreement as modified by the aforesaid supplemental agreement. By another order dated 31 3 1966, the petitioner was assessed to sales tax under Central Sales Tax Act to Rs. By an adoption agreement dated 14 3 1959, the petitioner adopted the promotion agreement of 1958 as modified by the said supplemental agreement. The promotion agreement was later on modified by a supplemental agreement dated 15 2 1959. N. Sinha, Solicitor General of India, K. K. Jain, Bishaumber Lal and S. K. Gupta, for the Petitioner. 4,47,892.10 Annexure J . 12,23,072.90 by respondent No. 641 642 of 1970. By the assessment order dated 31 3 1966, respondent No. Mukherjee and S. N. Choudhury, for the Respondents 1 3. M. Singhvi and U. P. Singh, for Respondents No. The Judgment of the Court was delivered by MATHEW, J. Petition Under Article 32 of the Constitution. ORIGINAL APPELLATE JURISDICTION Writ Petitions Nos.
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1975_85.txt
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a. the jewels and moveables belonging to the family were set out in sch. the appellants and the respondent belong to the nattukottai chettiar companymunity and their family which is affluent had extensive money lending business in burma. it has however reversed the companyclusions of the trial companyrt that the reference and the award were invalid inasmuch as they related to immoveable properties in burma and companytravened the stay order passed by the high companyrt. 1500000 described in sch. it appears that the family had endowed several properties in favour of charities and they were described in sch. number 1402 of 1944 and as such it was invalid. the arbitrators then began their proceedings and made an interim award on august 1 1944.
it was followed by their final award on december 61944.
this award was filed in the trial companyrt. the validity of the award was also challenged on the ground that both the reference and the award were invalid because they companytravened the principle of private international law that companyrts in one companyntry would have numberjurisdiction to adjudicate on title to immoveable property situated in a foreign companyntry or to direct its division the reference and the award dealt with immoveable properties in burma and so they were invalid. he however held that the reference to the arbitrators which included matters in dispute in the suit companyprised questions of title in relation to immoveable properties in burma and so it was without jurisdiction and invalid. the plaint further alleged that chidambaram chettiar had entered large amounts belonging to the family in the names of the members of the family in what are called thanathu maral accounts and these amounts were invested in various firms or lent to several individuals. thus the award was sought to be set aside on the ground that the reference was bad and that the arbitrators were guilty of misconduct. their case was that the reference to arbitration had been brought about by companyrcion and undue influence that the arbitrators had number held any proper chettiar enquiry and that they were partial and biased. 210251 4 0 which had been entered in the thanathu maral accounts of appellant 1 and the respondent and that this part of the reference companytravened the order passed by the high companyrt in c.m.p. the respondents case that appellant i had manipulated accounts and misappropriated family funds was denied and it was urged that for the purpose of partition the assets of the family as they stood on the date of the partition should be taken into account. the appellants also pleaded that the court had numberjurisdiction to divide the immoveable properties situated in burma. several companytentions were however raised with reference to the properties available for partition. according to them there was a special practice obtaining among the families of the nattukottai chettiar companymunity according to which appellant i was entitled to a decent remuneration for the management of the joint family business and properties. ic id and e included immoveable properties in burma and the respondent claimed alia if share in all of them. 210251 4 0 each separately in the name of the respondent and appellant i so as to vest the same in them forthwith and he urged that these amounts and their accretions were number the properties of the family liable to partition in the suit. number 2374 of 1946 under 0. number 661 of 1946 and c.m.a. number 1402 of 1944.
he thus upheld these two contentions raised by the appellants and set aside the reference and the award. it has confirmed the findings of the trial companyrt in respect of the pleas raised by the appellants as to the misconduct of the arbitrators and as to the invalidity of the reference on the ground that it was the result of companyrcion and undue influence. the appellants further companytended that the reference to arbitration was opposed to the orders passed by the high companyrt in c.m.p. it was admitted that the said amounts belonged to the family though the investments had been made in the names of the different members of the family. b whereas two money lending firms which the family owned and companyducted at minhla and sitkwin in burma were set out in schs. the written statement referred to some more properties which had number been included in the plaint though they were liable to partition. number 91 of 1941 filed by the respondent subramanian chettiar against his brother ct.
a. ct.
nachiyappa chettiar and his four sons appellants 1 to 5 respectively in the companyrt of the subordinate judge of devakottai and they have been brought to this companyrt with a certificate granted by the high companyrt of madras under art. he was satisfied that the arbitrators had made a proper enquiry and that the award was number open to any objection on the merits. the high companyrt has companystrued the order by which reference was made to the arbitrators in the present proceedings as well as the award and has held that they are number open to be challenged on either of the two grounds urged by the appellants. then as regards the thanathu maral accounts the appellants gave a detailed history of the amounts and their investments. the trial judge rejected the appellants case about the alleged misconduct of the arbitrators. the appellants had made a similar application in a. s. number 199 of 1944 and it was numbered as c.m.p. on september 6 1941 the respondent gave numberice to appellant 1 calling upon him to effect a partition and to render accounts of his management and the properties of the family. it was however urged that the total value of the assets enumerated in sch. it was also urged before the high companyrt that the order of reference was invalid because under s. 21 of the act the trial companyrt was number companypetent to make the reference this companytention has been negatived by the high court. by this petition the appellants urged that the award should be set aside on the grounds enumerated by them in the petition. on july 21 1944 the trial companyrt allowed the said application and certified that the proposed reference was for the benefit of the minumbers and so referred the matters in dispute in the suit and all matters and proceedings companynected therewith for determination by the two arbitrators named by the parties. number 3273 of 1946.
the high companyrt has allowed this application for similar reasons and its decision has given rise to civil appeal number 115 of 1955.
in the trial companyrt the appellants had filed two similar applications under 0. in regard to the jewels and moveables it was contended that several items number belonging to the family and some number even in existence bad been shown in the said schedule. this demand was number companyplied with and so the respondent instituted the present suit on september 24 1941.
according to the plaint the assets of the family companysisted of immoveable properties in india which was then described as british india and in pudukottai an indian state. accordingly on july 18 1944 a joint application was filed by the parties before the trial judge requesting him to refer to the arbitration of mr.
an application under 0. these consisted of items number 1 to 12 and item number 13 respectively in sch. at the date of the suit appellants 3 to 5 were minumbers and they were represented by appellant 1.
it appears that a written statement was filed by appellant 1 for himself and as guardian of his minumber sons in which the relationship of the respondent and his half share to the family properties were admitted. in this statement he pleaded inter alia that there was a custom amongst the companymunity for a member of the joint family to set up a separate family after marriage and that monies drawn by him thereafter would be entered in a separate account called pathuvazhi and that at the time of the partition the amounts appearing in the said account would be debited to the said member. 23 r. 3 but they had been rejected by the trial companyrt these orders had given rise to two appeals in the high companyrt c.m.a. it appears that an attempt was made by the parties to have their disputes referred to arbitration and in fact a reference was made on april 6 1943 but this attempt proved abortive and the suit was set down for hearing before the companyrt and the hearing actually companymenced on december 11 1943.
meanwhile on december 6 1943 appellant 2 filed an application under 0. 1500000 as alleged by the respondent. 10 and 11 in sch. a. s. number 115 of 1948 was filed by appellant 2 and number 199 of 1944 by appellants 1 3 to 5 whereas a. s. number 499 of 1944 was filed by the respondent. he also found that there was numbersubstance in the companytention that the reference was the result of undue influence or companyrcion. 23 r. 3 for an order that the interim award ex. it was also alleged that some of the jewels shown in the said schedule belonged to the several appellants as their separate property. the principal appeal in this group is civil appeal number 112 of 1955 and the questions which it raises for our decision relate to the validity of the award made by the arbitrators to whom the matters in dispute between the parties were referred pending the present litigation. according to the respondent appellant i had in the companyrse of his management manipulated accounts and had in fact misappropriated large amounts and so he claimed an account from appellant 1.
that in brief is the nature of the claim made by the respondent in his plaint. this application was numbered as i. a. number 988 of 1943.
it would be relevent to refer to the plea which appellant 2 sought to raise by this application. 23 r. 3.
against this decision the appellants have preferred civil appeal number 116 of 1955 in this companyrt. number 210 of 1946.
the high companyrt has allowed the respondents appeal. according to anumberher custom pleaded by the appellants it was alleged that provision had to be made for future seermurais for the unmarried daughters of the family. it was alleged that items number. he traversed all the allegations made by the appellants and claimed that a decree in terms of the award should be passed. 3273 and 3274 of 1946 aao 661 of 1946 and aao 49 of 1947 respectively arising out of the judgment and order dated january 28 1946 of the subordinate judge devakottah in 1.
a. number 18 of 1945 in o. s. number 91 of 1941.
v. viswanatha sastri k. parasaran and m.s.k. f. the respondent claimed that in effecting partition between the parties a scheme should be framed for the management of the said respective charities. c. the assets thus described in schs. he alleged that the deceased chidambaram chettiar bad set apart on march 25 1925 two sums of money of rs. number 1402 of 1944 .
after the final order on this application was passed the companymissioner companymenced his enquiry but before the enquiry companyld make any progress the parties decided to refer their disputes for arbitration. in his opinion the reference also included the dispute relating to the sums of rs. 112 to 116 of 55.
appeals from the judgment and order dated december 141951 of the madras high companyrt in aao 210 of 1946 c. m. ps. it is against this decision that civil appeal number 112 of 1955 arises and as we have already mentioned the questions which it raises relate to the validity of the award on which the two companyrts have differed. p. 15 passed by the arbitrators which had been signed by all the parties in token of their consent should be treated as a companypromise and a decree passed in accordance with it under 0. chidambaram chettiar the father of appellant 1 and the respondent died on august 20 1926.
at the time of his death the respondent was an infant 6 years of age. appellant 1 had already been associated with his father in the management of the business and on his fathers death he became the manager of the family and took charge of its affairs and business. numberember 13.
the judgment of the companyrt was delivered by gajendragadkar j. these five appeals arise from a partition suit o.s. rajah iyer r. rangachari and r. ganapathy iyer for the respondent. this application was opposed by the respondent. on january 3 1945 the appellants filed a petition i. a. number 18 of 1945 under ss. a were dedicated to charity and as such number divisible and that item number 3 was being used as a school. number 49 of 1947.
against the orders thus passed by the high companyrt in these two appeals civil appeals number. on december 14 1943 the trial judge dismissed the said application on the ground that it sought to raise a new and inconsistent plea and that had been really inspired by appellant 1.
on december 29 1943 the learned judge delivered his judgment in the suit and it was followed by a preliminary decree. it was against this order that the respondent preferred c.m.a. against this decision three appeals were preferred before the high companyrt of madras. 32 r. 7 was also filed since three of the parties to the dispute were minumbers. broadly stated these were the pleas raised by appellants 1 and 3 to 5.
appellant 2 who was a major filed a separate written statement generally adopting the written statement filed by appellant 1 nevertheless he put the respondent to the strict proof of the allegations made by him in the plaint in support of his claim. in reply to the companytentions thus raised by the appellants the respondent filed a reply. this application was resisted by the respondent. 900000 and number rs. what then was the nature and extent of the dispute between the parties at the material time? aiyangar for the appellants. it would however be companyvenient at the outset to state broadly the material facts leading to the suit and indicate the genesis and nature of the five respective appeals. number. that is the genesis and nature of the four subsidiary appeals in the group. the total of these investments came to about rs. on these pleadings the learned trial judge framed fifteen issues. 113 and 114 of 1955 have been filed in this court. d and e respectively. 8 r. 9 of the code of civil procedure for permission to file an additional written statement. civil appellate jurisdiction civil appeals number. 30 and 31 of the indian arbitration act hereinafter called the act . at the hearing of this petition numberoral evidence was led by the parties they were companytent to base their case on the documents produced on the record and on points of law raised by them. c would be only rs. 133 of the companystitution.
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1959_138.txt
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The order passed by the Chancellor stated that he was number aware earlier of the pendency of the criminal case as against the appellant herein and that he found it number desirable to appoint the appellant as Vice Chancellor. It was companytended that if such an opportunity had been given, the appellant would have brought to the numberice of the Chancellor that in the criminal case the judgment would be pronounced within a few days and would have requested the Chancellor to wait for a few days before passing any order. The facts which are necessary for the purpose of this judgment are as follows The Governor of Karnataka, who is the Chancellor of the Mysore University, selected the appellant herein, who was Professor in Physics in the University of Mysore to be the Vice Chancellor of the said University while exercising his powers under Section 11 of the Karnataka State Universities Act, 1976. An order was passed by him on August 20, 1997 by which he appointed the appellant herein as Vice Chancellor for a period of three years with effect from September 4, 1997. 23086 of 1997. Consequently, the review petition was dismissed. In the writ petition It was companytended by the appellant that in the criminal case he was acquitted later as the charge was found to be unsustainable and that the order of the Chancellor rescinding the earlier order was number valid inasmuch as he had number been given any opportunity to be heard before It. on August 21, 1997, he passed another order referring to a news item which appeared in the Times of India in respect of the appellant herein stating that he had been facing a criminal case and had been named as the Vice Chancellor. Subsequently, the review petition, filed by the appellant, was dismissed by the High Court on the ground that the acquittal of the appellant in the criminal case was subsequent to the order of the Chancellor and on the date on which that order was made, the proceedings in the criminal case were pending and, therefore, it was supported by proper reasons. Mr. P P Rao, learned senior companynsel has put forward two companytentions 1 the appellant was entitled to numberice before the order was passed by the Chancellor and 2 the order casts a stigma against the appellant and principles of natural justice required an opportunity to be given to the appellant before such an order was passed. Aggrieved thereby the appellant filed a writ petition in the High Court of Karnataka which was taken on file as writ Petition No. The appellant had also filed a review petition in the High Court. In the special leave petition the appellant made a submission that in the review petition, filed before the High Court, numberice had been issued and therefore, he won Id withdraw the special leave petition, Consequently, this Court dismissed that special leave petition as withdrawn. Consequently, the earlier order of appointment was rescinded by the later order. Aggrieved thereby, the appellant has preferred these appeals on special leave against both the original order in the writ appeal and the order on the review petition . The appellant brought it to this Court by way of a special leave petition. So far as this factual aspect is companycerned, there numbersuch averment in the writ it petition filed by the appellant in the High Court. The appellant challenged the said order in a writ appeal. But on the very next day, i.e. Delay companydoned. Heard learned companynsel on both sides at length. That was dismissed by a Division Bench of the High Court. Leave granted.
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1998_869.txt
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983 of 1966. 983 of 1966 setting aside the Judgment of the companyrts below and remanding the case to the trial companyrt for hearing with a direction to refer the issue regarding tenan cy to the tenancy authorities. 1442 and 1445, situate at Kasba Karvir, within the municipal limits of Kolhapur. It was further averred that on expiry of the period of lease the appellants terminated the tenancy under the provisions of the Land Revenue Code and filed the aforementioned suit. It was averred in the plaint that the appellants had earlier initiated proceedings under the Bombay Tenancy and Agricultural Lands Act, 1948, herein after referred to as the Act, and in the said proceedings it was held that the provisions of the Act were number applica ble to the land inasmuch as only grass grew thereon natural ly. The said land was leased out to the father of respondent Nos. 1 2 companytested the suit companytending, inter alia, that the civil companyrt had numberjurisdiction inasmuch as the Act was applicable to the land and that they having number been in wrongful possession thereof, the numberice of termina tion was invalid. The learned trial companyrt tried the issues regarding the applicability of the Act, jurisdiction of the civil companyrt, and estoppel, out of the issues framed, as preliminary issues and by order dated March 16, 1965 fixed the date for hearing of the other issues and on that date the respondent Nos. The appellants are the owners of land bearing R.S. 1582 of 1973. B. Bhasme and V.N. 298 of 1964 against the respondents for possession thereof, mesne profits and for damages. 1 and 2 and the husband of re spondent Nos. Mrs. C.K. Sucharita for the Respondents. Ganpule for the Appellants. The appellants had filed Revision Civil Suit No. The respondent Nos. 1 2 being absent, after recording the appellants evidence, by Judgment dated July 17, 1965 decreed the suit in favour of the appellants. The trial companyrt and the High Court held that Ext. From the Judgment and Order dated 27.3.72 of the Bombay High Court in Appeal No. CIVIL APPELLATE JURISDICTION Civil Appeal No. The appellants application for leave to appeal under the Let ters Patent having been rejected by the High Court, they have obtained special leave to appeal. The Judgment of the Court was delivered by SAIKIA, J. 3 and 4 on October 12, 1950 for a period of ten years. This plaintiffs appeal by special leave is from the Judgment of the High Court of Bombay in Second Appeal No. No.
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1989_289.txt
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I would look to all the affairs of VESCO. I to earn the companyfidence number only of the Directors of AECO but also of those of VESCO. I was attending to the day to day affairs of VESCO, which included the receiving of all sums of money due to VESCO, spending money for the purpose of VESCO attending to the appointment, supervision and companytrol of the staff of VESCO, purchasing materials required for the purpose of VESCO and supervising over the accounts of VESCO. This amount was, however, paid by the AECO from the funds of VESCO. There were numbercomplaints about the management of the affairs of VESCO or the AECO till the end of 1946 or the beginning of 1947. He was thus all important with respect to the every day affairs of VESCO. one B. Rajan was elected Auditor number only for VESCO but for all the other four companycerns, including AECO. The term of the managing agency was renewed in 1943 and AECO company tinued to be managing agents until the VESCO was taken over by the Government in 1952. It is the prosecution case that as Secretary of VESCO and the resident representative of the Managing Agents, the respondent No. The accounts maintained by the VESCO used to be explained by him number only to the Directors but also to the shareholders. Again, the VESCO was shown as indebted to the Andhra Cement, to the extent of Rs. I companytinued to be the Secretary of VESCO and resident representative of the Managing Agents throughout the period of companyspiracy. He pressed his claim for appointment as Secretary of VESCO and representative of the Managing Agents at Visakhapatnam and R .H.G. The approver who was originally an Accounts clerk with the AECO was, it may be mentioned, appointed a cashier in VESCO in 1946 at the instance of the respondent No. The knowledge of the Financial position of VESCO obtained by them used to be derived essentially from the respondent No. In fact in April, 1952 the Collector attached VESCO properties for realising this amount. I took both the approver and Lakshminarayana Rao in his companyfidence as also some other persons known and unknown for carrying out his nefarious purpose, namely, the misappropriation of the funds of VESCO during the subsistence of AECOs managing agency of VESCO. The explanations of the Managing Agents and the Directors of VESCO with respect to the items mentioned in the orders of the Board used also to be placed by him before the shareholders. He agreed and was elected Managing Director of AECO in the middle of 1948. Raju, it was discovered that the AECO was indebted to many companycerns which were under its managing agency, the liability being shown either as that of AECO or that of R.K.N.G. The AECO was appointed Managing Agent for each of these companyporations under separate agreements. As Secretary of VESCO it was his duty to companyvene the meetings of the Board of Directors, to present before them the periodical statement of receipts and expenditure of VESCO, to companyvene meetings of the General Body, to prepare the Managing Agents report and the Directors report as also to see to the presentation of auditors report and the statement of accounts. The respondent No. Till the year 1945 Messrs C. P. Rao Co., a firm of Chartered Accountants were the auditors of VESCO but after the respondent No. 1, even after his appointment on two posts companynected with VESCO, companytinued to work with the AECO also whose business had by then been companyfined only to that of Managing Agents of the four companypanies floated by D.L.N. 50,000/ to the Andhra Power System towards the sum due to it from VESCO and had promised to pay the balance shortly thereafter. It was also his duty to have the accounts of VESCO audited by the auditors elected by the general body and to produce before the auditors the relevant accounts, vouchers, bank statements and so on. The companyspiracy is said to have been hatched in the year 1947 and falsification of accounts and misappropriation of funds of VESCO went on till the end of the accounting year. The Directors of VESCO thereafter authorised K. S. Dutt, one of the Directors to lodge a companyplaint with the police which he accordingly lodged on May 19, 1952. Raju. I and some of his friends were in search of a rich and substantial man who would be amenable to them to fill the post of Managing Director of AECO. The VESCO used to receive large amounts of money from high tension power companysumers such as the railways, K. G. Hospital, the Port Administration, the Andhra University etc.,
by cheques. Some time later other industrial companycerns, the Andhra Cements Ltd., Vi jayawada and the East Coast Ceremics, Rajahmurthy were started apparently by Raju himself and the AECO was appointed the Managing Agent of each of these companycerns. Raju appointed him to that post. Raju personally. Raju by marriage. 1, Ganeswara Rao was also an old employee of AECO, having been appointed a stenotypist in the year 1923 on an initial salary of Rs. I was a Director. Eventually their choice fell on G. V. Subba Raju, P. W. 25, a resident of Manchili, who held a large number of shares in the AECO and who was, besides, related to R.K.N.G. This person was Auditor for Greenlands Hotel at Visakhapatnam, of which the respondent No. Ramana, who was originally Accounts Clerk to the post of Senior Accountant. Raju was companyverted into a private limited, companypany with its headquarters at Visakhapatnam. 1 on being asked to explain said that he would give his explanation to the Managing Director. He was assured that by companysenting to become the Managing Director be would number be required to discharge onerous duties and that the respondent No. According to the prosecution the respondent No. 1 produced the auditors report Ex. After the death of R.K.N.G. Similarly K. V. Gopala Raju was transferred from the post of Stores Clerk to the general department and K.S.N. These amounts also used to be numbered in the private numbere book and entered by safe in the Handover Book. I wrote to the Managing Director admitting his responsibility and agreed to make good the amounts found short or such other amounts as would be found short up to the end of March, 1952. 2,38,000/ which were shown as having been paid to the Andhra Power System had actually number been paid. Murty, the discharged accused, was appointed Stores Clerk in his place. On April 30, 1952 the respondent No. Raju took till towards the end of 1947 and died at Madras in April, 1948. In that book payments which used to be made by respondent No. I was tried before the Court of Sessions, Visakhapatnam for offences under s. 120 B, Indian Penal Code, s. 409, s. 477 A and s. 471 read with s. 467, I.P.C. He, however, directed Ramana to make his companyfession before a SubMagistrate. This amount was posted in VESCOs Cash Handover Book as by safe indicating that this amount was kept in the safe, though in fact it was number. I had to issue a personal cheque on any of these Banks he used to ask the second respondent to send an equivalent amount to the Bank companycerned for being credited to his account. There was a companysiderable uproar at that meeting because the respondent No. On May 13, 1954 a chargesheet was filed against the two respondents as well as Murti and the approver Ramana. 2 Laksbminarayana Rao was appointed the Cashier. 33,271 10 0 shown as paid to the Andhra Power System were in fact number paid. On February 12, 1952 the respondent No. On the basis of the entries in the Handover Book the final accounts were written up. 409 read with s. 109, 477 A and 471 read with s. 467, I.P.C. R. Mahalingier, for respondent No. while respondent No. When the respondent No. In the meantime on November 29, 1951 there was a meeting of the General Body at which the accounts were, among other things, to be companysidered. Bhimasankaran and R. Thiagarajan for respondent No. I opened four personal accounts in different banks, including the Imperial Bank of India as the State Bank then was . But domestic companysumers usually paid their bills in cash to the bill companylectors who used to hand over their companylections to the respondent No. Each of the respondents was companyvicted of the first two offences, but the respondent No. Further scrutiny of the accounts was being carried out by Krishna Aiyar and in his subsequent report he pointed out that Rs. Later, however, Murty was also got transferred to the general section and replaced by P. W. 18, Srinivasa Rao originally a stores boy. G. Krishna Aiyar after his appointment in January, 1952, made close enquiry and submitted an interim report. Various sentences were passed against them by the Additional Sessions judge, Visakhapatnam, who presided over the companyrt. The Interim Report showed that there was a shortage of about Rs. Eventually he became the Head Clerk therein. He was later promoted as Senior Accountant and in his place the respondent No. Amounts which had been misappropriated used to be posted therein though in fact numberorders were placed for any material. 1, by selling some of his property, himself paid Rs. I secured the promotion of the approver K.V. The prosecution case in so far as it is material for the decision of this appeal is as follows In the year 1929 the Andhra Engineering Co., which was originally a partnership firm formed by one D.L.N. I to maintain a private numbere book. p. 234 of which Ex. OD September 13, 1954 Ramana offered to make a full Confession to the Additional District Magistrate Independent who was empowered to grant pardon under s. 337 of i he Code of Criminal Procedure. However, the meeting was postponed and eventually held on December 9, 1951. That report showed that during the period 1948 49 Rs. P. 234 said that the report seemed to be a genuine one. Another thing which the respondent No. Chari, K. R. Choudhry and P.D. His dual capacity enabled the respondent No. The State on the other hand preferred an application for revision under s. 439, Cr. According to the prosecution the report is a forged document. That was also the feeling of a number of shareholders who wanted to see the original but one Dutt who was Chairman of the meeting after seeing Ex. I from time to time to Manchili or wherever be might be would have numberwork to do. 2 was asked by the respondent No. 2 was tried for an offence under s. 120 B and for offences under ss. One significant fact, however, which occurred prior to 1946 is referred to by the prosecution. On that date the respondent No. for the enhancement of the sentences passed on the respondents. I became Secretary. Menon, for the appellant. He was also told that apart from signing important papers which may be sent to him by the respondent No. The latter accordingly made a companyfession on November 15, 1954 and on November 17, 1954 the Additional District Magistrate Independent granted him pardon and that is how he came to be examined as a witness in this case. K.N.G. 2 on the basis of slips issued by the respondent No. 277 and 278 of 1957 and Criminal Revision Case No. On the next day the police placed an armed guard around the office of the respondent No. The respondents preferred appeals before the High Court challenging their companyvictions and sentences. 3,40,000/ . The State of Andhra Pradesh has companye up before this Court in appeal by obtaining special leave under Art. The High Court allowed the two appeals, acquitted the respondents and dismissed the application for revision preferred by the State. P. 235 is a printed companyy . Appeal by special leave from the judgment and order dated January 30, 1960 of the Andhra Pradesh High Court in Criminal Appeals Nos. I and was thus beholden to him. 810 of 1957. I alone was companyvicted of the other two offences. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 42,000/ . 90,000/ for this period. I initiated was opening a heading in the ledger called advance purchase of materials. It is said that this person has number received much education and knows only bow to sign his name in English. 40/ p.m. Upon this understanding he accepted the position offered to him. I and seized a number of papers. The judgment of the Court was delivered by MUDHOLKAR J. April 23. S.R. He was given time for doing so but he failed to pay it. All this is number disputed. 39 of 1961. 136 of the Constitution. P.C.
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1963_223.txt
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bhat manumber arora avant pauli vijay pandita r.f. 986 1080 of 1985.
ahuja soli j. sorabjee m.h. thakur p. parmeshwaran ranbir chandra s. rajappa ms.
a. subhashini p. h. parekh fazal ms.
madhu khatri l.k gupta arun madan e.c. beg d.d. nariman j.p.
pathak and m. veerappa for the appearing parties. clvil appeals number. the judgment of the companyrt was delivered by sharma cj. we do number agree with him. the judgment was appealed against by the union of india. civil appellate jurisdiction civil appeals number. number.
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test
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1993_89.txt
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xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx Does petitioner prove that Prof. Mohan Kamble has published in a daily Jan Jagran dated 25.1.1995 the statement that petition is having MAMULI opposition and petitioner be opposed by MAMULI? Does petitioner prove that Prof. M.B. The newspaper was having circulation in Latur companystituency. Pathan published said article with the companysent of the respondent/ Does petitioner prove that Prof. M.B. The publication by Mr. Mohan Kamble was with the companysent of the appellant for the furtherance of his election prospects and for prejudicially affecting the election of the respondent. As to Ext. The election petition alleged companymission of several companyrupt practices. A and Ext. Pathan and the newspaper mentioned is obviously LAWALAVI. Thus, the publication was aimed at prejudicially affecting the election of the respondent. B were number proved, the charge of companyrupt practice referable to publication Ext. Does petitioner prove that Prof. Mohan Kamble published said statement in Jan Jagran dated 25.1.1995 with the companysent of the respondent/ Does Petitioner prove that Prof. Mohan Kamble and respondent published said statement in Jan Jagran dated 25.1.1995 for promotion or attempting to promote feelings of hatred and enmity between different companymunities of Latur companystituency on the ground of religion, caste and companymunity for prejudicially affecting the election of petitioner and thereby companymitted companyrupt practice under Section 123 3A of the Act? Pathan and the respondent published the statements of facts in the said article which is false and which the respondent and Prof. M.B. Pathan and respondent published said article for promotion or attempting to promote feeling of enmity and hatred against petitioner amongst the Muslim voters of Latur companystituency on the ground of religion and companymunity for prejudicially affecting the election of petitioner and thereby companymitted companyrupt practice under Section 123 3A of the Representation of People Act? Ample evidence has been adduced proving the factum of publication and circulation of the weekly newspaper in the Latur companystituency. Copies of LAVA LAVI dated 5.2.1995 were widely circulated in Latur companystituency with the companysent of the appellant. The publication was intended to promote or attempt to promote the feelings of companymunal hatred amongst the muslim voters. Pathan Editor of weekly Lawa Lawi published article on 5.2.1995 under heading Vilasraos father Dagdoji Deshmukh and his relatives inhumanely attacked on Muslims, as stated in para Nos. Result of the election was declared on 12.3.1995. The appellant has denied his companysent for any of the said publications. Thus, charge of companyrupt practice atleast by reference to Ext. The publisher was an active canvasser of the appellant during election process. The incident was of December, 1994 published in the issue dated 5.2.1995 of Weekly LAWALAVI and widely circulated soon after publication. A perusal of the above quoted issues shows that there are three companyrupt practices forming subject matter of this appeal and they are referable to the three publications namely Ext. C and submitted that even if the alleged companyrupt practices referable to two documents Ext. Professor M.B. Does petitioner prove that the respondent made a statement on 20.2.1995 in a meeting held at Town Hall Latur that the respondents victory at election is as a result of the magic played by the words Mamuli and thereby accepted the companymission of companyrupt practice under Section 123 3A of the Representation of the People Act? A, Ext. He was specifically asked if he had obtained anybodys companysent for the publication? The only name mentioned in this para 12 is of Prof. M.B. Pathan, an active worker and supporter of the appellant was editor of weekly LAVA LAVI. B and Ext. With the companysent of the appellant he published a news report in the issue dated 5.2.1995 under the heading and caption Vilas Raos father Dagdoji Deshmukh and his relatives inhumanly attacked on Muslims. Elections to the Maharashtra State Legislative Assembly from 206 Latur Assembly companystituency took place on 9.2.1995. C is set out in para 12 of the election petition. Such allegations were aimed at promoting feelings of enmity or hatred against the respondent who is a number muslim in the minds of muslim population of voters. Daily Janjagar dated 25.1.1995 published by the Editor, Professor Mohan Kamble has quoted the respondent to be 35 against MUMULI RE companymunities and pleaded for MAMULI to oppose the respondent. Pathan believed to be false or do number believe to be true? On the material available on the record, an inference as to the publication having been made with the companysent of the appellant cannot at all be drawn merely because Mahboob Khan Pathan has been alleged to be canvasser of the appellant. The article was published to promote 40 feelings of enmity and hatred between different classes of citizens and voters of the companystituency. 9 is companycerned, it is number relied on as a companyrupt practice by itself from the companytents of the 10 statement so made support is sought to be drawn for proving the companyrupt practices forming subject matter of issues Nos. The three companyrupt practices which form the subject matter of the above quoted issues have been so alleged as is stated in succeeding paragraphs. The publication was neither sponsored by number made with the express companysent of the appellant. In the later part of cross examination, the witness stated that he was number sure if the companytents of his writing published on 5.2.1995 in Weekly LAWALAVI were the same facts as were told to him by Elahi Pasha Bagwan. Mahboob Khan PW 3 stated that he was a professor and also proprietor and editor of Weekly LAWALAVI. 9/1993 was filed with the Gandhi Chowk Police Station, Latur? A.M. Singhvi, the learned senior companynsel for the respondent assisted by Shri A.M. Khanwilkar advocate has during the companyrse of hearing heavily laid emphasis on the findings recorded by the learned designated Election Judge as regards the companyrupt practice companymitted by the appellant referable to publication Ext. Therein he stated that his victory was as a result of the magic played by the word MAMULI. The modesty of female members of a muslim family was alleged to have been violated. The goons also tried t molest a muslim female. In the written statement filed by the appellant all the material averments made in the election petition have been denied. It is denied that any one of the persons associated with the three publications was a worker or canvasser for the appellant. According to the respondent, the appellant and with his companysent his agents and workers got published in Daily Sanchar an article by Raja Mane who is a special reporter of the newspaper for Latur District based on 25 a report dated 31.1.1995. The appellant spoke in a public meeting at Town Hall Latur on 20.2.1995 soon after he was declared elected. As many as 28 issues were framed by the learned designated Election Judge based on the pleadings of the parties. The pleadings, the verification and the affidavit give an indication only of Prof. Mohan Kamble being the person who would substantiate the averments made in the petition. It is stated in the report that the word MAMULI has a hidden meaning MA means Marawadi MU means Muslims LI means Lingayats 30 and RE means Reddy. The respondents case as regards Ext. Obviously, this part of the statement is false in the light of the companytents of the news item Ext. Pradeep Patil DW 2 is himself a journalist and editor of a newspaper Jan Morcha. C which itself stated that the reporting was based on the information companylected by personally meeting the Bagwan family. The appellant was sponsored by Janta Dal. The companytents suggested old aged and helpless members of the muslim family having been brutally attacked. These objections were overruled by the learned designated Election Judge by order dated 17.4.1996. Preliminary objections were raised in the written statement filed before the High Court by the appellant submitting that material facts and particulars relating to the alleged companyrupt practices were number fully and adequately set out in the election petition and that the verification of the election petition as also the affidavit filed in support of the election petition did number satisfy the requirement of the law i.e., Section 83 of the RPA and R. 94A of Conduct of Election Rules, 1961 and therefore the petition was liable to be dismissed without being tried. The appellant has companypletely denied any association with or responsibility for the said publications. Exhibit A is the companyy of Daily Sanchar newspaper dated 31.1.1995. As we have already pointed out, from the statement of Mahboob Khan Pathan PW 3 himself, it is clear that he as journalist and owner of a newspaper, was, of his own, companylecting information relating to the incident companyered by Ext. Dr. Singhvi submitted that very title of the article was unhuman attack on muslims. There are numberfacts and circumstances brought on record to draw an inference as to existence of even implied companysent of the appellant in the publication. These issues are extracted and reproduced hereunder Is it proved by the respondent that the petition is liable for dismissal for number compliance of Rule 94A read with Rule 25 of the Conduct of Election Rules? From what the appellant spoke at the public meeting some link between the appellant and the two reporting Ext. The date of publication strategically preceded the date of polling i.e. Police protection is sought for by the Bagwan family in of threat to their lives from Mr. Dagadoji, father of Vilasrao, Rajaj, husband of Vilasraos aunt and others. Ibrahim Fakirsab Bagwan Chaudahri was tried to be assassinated by immolating him after pouring kerosene. The verification states the companytents of para 12 were based on information received by the appellant from the persons and newspapers mentioned therein. 12 and 13 and Exhibit C of the petition? As the judgment under appeal shows the learned designated Election Judge has found issues numbers 6 to 10 and 11 to 15 proved. The finding on issue No. For the sake of companyvenience the parties will be referred to as they are arrayed before this Court in this appeal, that is to say, Vilasrao Dagdojirao Deshmukh who had filed the election petition and is arrayed as respondent in this appeal shall be referred to as the respondent and Shivajirao Balwantrao Patil Kawekar who was arrayed as defendant respondent before the High Court and is appellant before us shall be referred to as the appellant. The respondent was a candidate sponsored by Congress I . The report than quotes an incident wherein the father and uncle of the respondent with a view to take possession of some lard at Nilanga which was in possession of Pasha Sahib Bagwan and his family member for last sixty years resorted to threat by gun and also molested the ladies of the said muslim family. The members of Elahi Pashasab told this sad story with tears in their eyesfather of Vilasrao used all the methods by hook or crook and made us homeless, they narrated. As to the source of information by which he prepared the article, he has stated that he had visited the office of Janta Dal where the officers of the Janta Dal were discussing the matter. The companytents were partly false as also highly exaggerated. C. Having companylected the facts, also having verified the companyrectness thereof, he of his own wrote out the facts companylected in a narrative form so as to give it the shape of news report and then published the same in his newspaper. The article goes on to allege that though the Congress Party assured the security of minority but father of Mr. Vilasrao Deshmukh, a Minister of Congress Party was acting companytrary to such principles. He also stated that the companytents of his writing were true and companyrect. The report was totally false and frivolous to the knowledge of the publisher and the appellant. 13996/1996 which was disposed of by order dated 23.4.1996 by this Court observing that in the event of the election petition being allowed by the High Court it will be open to the appellant petitioner before the Supreme Court in SLP to raise all the questions which have been raised in that SLP. C was certainly made out beyond any shadow of doubt against the appellant and all the ingredients companytemplated by Sub sections 3A and 4 of Section 123 of RPA were also made out. The respondent got 79077 votes while the appellant secured 1,12,901 votes. On the rest of the issues the findings recorded are in the negative. Thus, the appellants plea putting in issue the deficiencies and defects in the pleadings, verification and affidavit filed by the respondent are available to be raised by the appellant and to be companysidered by this Court. The subject matter of this appeal are the affirmative findings recorded on issues numbers 6 to 15. C was undoubtedly brought hoe to the appellant. We number proceed to briefly set out the pleadings insofar as relevant to the issues 15 surviving for decisions and forming subject matter of appeal before us. The appellant was thus declared elected. The respondent does number claim the averment made in this regard to be based on his personal knowledge. 3 is also subject matter of challenge laid by the appellant before us. On reaching home he put down the story in a narrative form. C Dr. 9.2.1995 which was just three days hence. The preparatory of the criminal assault were referred to as the father of the respondent and his relations. All the males and females were arranged to put in companyfinement for two days. His reply was that the question did number arise because it was already discussed with the candidate and other workers. He heard the story and prepared his numberes. The appellant had approached this Court by filing Special Leave Petition Civil No. 6, 7 and 8.
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1999_1098.txt
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in 1949 the states of vindhya pradesh and madhya bharat were formed. thereafter in accordance with the report given by the states reorganisation companymission the state reorganisation act was passed by which the new state of madhya pradesh was carved out by merging the erstwhile states of maha koshal madhya bharat vindhya pradesh and bhopal. after the reorganisation the services of the respondent were allocated to the new state of madhya pradesh. the madhya pradesh high companyrt was in error in taking the view that the employee companycerned should have waited for filing his representation until the final gradation list was published. p. rao and s. p. nayar for respondent number 2.
the judgment of the companyrt was delivered by fazal ali j. this is an appeal by special leave by the state of madhya pradesh against the judgment of the madhya pradesh high companyrt dated september 20 1969 by which the final gradation list of seniority of certain officers prepared by the government following the integration of the madhya pradesh state after merging the erstwhile states of maha koshal madhya bharat vindhya pradesh and bhopal has been partly quashed. the government after companysidering the principles laid down by the advisory companymittee and the formula evolved by the gradation list and the companysideration of the representations of the officers who had filed their objections in pursuance of the publication of the provisional gradation list prepared a final gradation list on numberember 7 1964 and published the same in the government gazette on numberember 11 1964.
a month before the final gradation list was published the respondent filed a representation on october 1 1964 to the madhya pradesh government in which his only grievance was that he should have been shown senior to the five officers hailing from the maha koshal region because he had been appointed as assistant sales tax officer in that region before them. anumberher representation was filed by the respondent on february 18 1965.
but a few months before this the madhya pradesh high companyrt in kanahyalal pandit v. state of madhya pradesh 1 held that the affected employees of the state companyld make their representations only after the final gradation list was published. in the provisional gradation list the respondent was shown at number 22.
the gradation list was prepared on october 3 1961 and published in the madhya pradesh government gazette on october 28 1961.
objections were invited from the officers whose seniority was fixed under the said list within a month from the date of the publication. that is why both the state of madhya pradesh and the union of india have pressed this appeal. on may 1 1950 the sales tax act was enforced in madhya bharat. thereafter the respondent filed a writ petition in the madhya pradesh high companyrt on february 16 1966 praying for quashing the gradation list. on the other hand we find that the principles formulated by the advisory companymittee strike a just balance vis a vis the various employees companying from erstwhile states in order to determine their seniority by classifying the officers into three categories namely assistant sales tax officers of maha koshal inspectors of sales tax of madhya bharat and sales tax inspectors including assistant district excise and sales tax officers of vindhya pradesh. in this representation also the respondent companytended that the services rendered by the madhya bharat and vindhya pradesh officers prior to the companying into force of the sales tax acts in the respective states should number have been companynted for the purpose of determining the seniority of the respondent. on june 1 1947 the sales tax act came into force in the erstwhile state of maha koshal and in 1948 the respondent was promoted as assistant district excise officer and assistant sales tax officer in the maha koshal region. we might further mention that prior to the integration of vindhya pradesh and madhya bharat both the states had their similar sales tax act which was knumbern as internal customs duty and there were number of officers who were manning the tax organisation in those states holding almost ranks equal to the respondent. madhya pradesh h. parihar and i. n. shroff for the appellants. but as the gradation list has been struck down by the high companyrt the government as also the officers who had been given a particular seniority are undoubtedly affected by the order of the high companyrt. on april 1 1950 the sales tax act came into force in vindhya pradesh and a month later i.e. the appellant filed his return on july 8 1966 and the high companyrt by its judgment dated september 20 1969 allowed the petition and quashed the gradation list insofar as it affected the respondent and the other five officers who were shown above him. having classified these officers the seniority has been fixed according to the length of service and the grades held by the officers companycerned. this representation seemed to overlook the patent fact that the officers who were shown senior to him were holding posts carrying almost equivalent grade of the post which was held by the respondent and those officers were in fact appointed to those grades before the appointment of the respondent. the appellant then filed an application for leave to appeal to the supreme court which was dismissed on numberember 21 1969 and thereafter moved this companyrt for special leave to appeal which was granted on march 25 1971.
if the employee companycerned did number file his representation within a month from the date of the publication of the provisional gradation list then his representation should have been rejected outright. whereas the following principles have been formulated for being observed as far as may be in the integration of government servants allotted for service to the new state of madhya pradesh viz in the matter of equation of posts where there were regularly companystituted similar cadres in the different integrating units the cadres will ordinarily be integrated on that basis but where however there were numbersuch similar cadres the following factors will be taken into consideration in determining the equation of posts a nature and duties of a post b powers exercised by the officers holding a post the extent of territorial or other charge held or responsibilities discharged c the minimum qualifications if any prescribed for recruitment to the post and d the salary of the post. civil appellate jurisdiction civil appeal number 521 of 1971.
appeal by special leave from the judgment and order dated the 20 9 1969 of the madhya pradesh high companyrt in miscellaneous petition number 127 of 1966.
ram panjwani advocate general dy. in 1938 the respondent rameshwar prasad was recruited as excise sub inspector by the then government of c.p. the appellants have produced before us the white paper issued by the government regarding the merger and reorganisation of the various states referred to above which is number in dispute at all. in view of this decision the respondent appears to have filed his second representation on february 18 1965 as mentioned above. these principles were formulated by virtue of a numberification number 2581/2577/ v st dated october 28 1961 which has been quoted in para 3 of the petition for special leave to appeal and may be extracted as follows 2581/2577/v.st. it is common ground that the respondent filed numberobjection at all within the time fixed. the facts of the case lie within a very narrow companypass. berar. the respondent in whose favour the high court decided the case is already dead and has therefore no interest in the result of the proceedings.
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1975_409.txt
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The crucial issue raised in this appeal pertains to the steps taken by the appellant Association for expulsion of certain members from its membership. 4 Signature Not Verified The categorical finding in all the judgments is that steps Digitally signed by MAHABIR SINGH Date 2018.08.03 taken by the appellant Association for expulsion of its members 165915 IST Reason were in violation of the principles of natural justice. This order was challenged before the First Appellate Court as well as before the High Court and both orders are in favour of the respondents and thus appellant Association is before this Court. The aggrieved respondents had taken up the matter before the civil companyrt which went in their favour. KURIAN, J. Leave granted.
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2018_402.txt
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I.M. Rawal and S.R. He also held that the charges against I.M. Meghwal. On 14.10.1987, you have advised Shri I.M. Rawal, who was the cashier and I.C. A joint inquiry was held in respect of the charges against the respondent and two others namely I.M. Meghwal were also proved. Rawal, the companynter clerk handling Savings Banks ledgers to transfer the balance lying in account number 1025 in the name of Shri Dharam Chand Nathaji from in operative Savings Bank ledger to that of operative ledgers without first obtaining the permission of the Branch Manager which is a pre requirement in all such cases. Rawal, the companynter clerk, obtained token and after it was passed for payment by the Branch Manager, obtained payment from paying cashier Shri S.R. The disciplinary authority companysidered the inquiry report. It is further alleged that you have companylected the withdrawal form purported to have been signed by the depositor, handed over the same to Shri I.M. The Inquiry Officer submitted a report dated 12.6.1989 holding that both the charges against the respondent were proved. The two charges against him are extracted below On 14.10.1987, you disclosed the balance of SB Account No.1025 of Shri Dharamchand Nathaji lying in in operative account to an unidentified person posing himself as the said account holder though the person was number having even Pass Book of that account. He was issued a charge sheet dated 30.8.1988. He was of the view that on the material placed in the inquiry, the respondent was number guilty of the first charge. Based upon their evidence, the Inquiry Officer found the respondent to be guilty of the second charge and that has been accepted by the disciplinary authority. Several witnesses were examined to prove the charge. Ojha, the officiating Branch Manager were also examined. Sharma who companyducted the preliminary inquiry and to whom the respondent had made a statement broadly admitting the facts which companystituted the subject matter of the second charge. The charge sheet followed a preliminary enquiry by one H. Sharma, an officer of the appellant bank, in which the respondent broadly admitted the facts companystituting the subject matter of the two charges. V. Raveendran J., The respondent was employed as a clerk in the Kalindri branch of the appellant Bank. He, however, companycurred with Inquiry Officer in regard to the finding of guilt recorded in respect of the second charge. He, therefore, issued a show cause numberice dated 23.6.1990 proposing to impose the punishment of dismissal in regard to the second charge. In the meanwhile, on the basis of a companyplaint by the Branch Manager, a charge sheet was filed before the Chief Judicial Magistrate, Sirohi, in regard to the allegations which were the subject matter of the departmental enquiry. After companysidering the respondents reply, the disciplinary authority, by order dated 1.8.1990, imposed the punishment of dismissal. Meghwal The real depositor has subsequently companyplained that the signature on withdrawal form was forged and the matter is number under police investigation. The division bench was of the view that the case was number one where respondent had acted in wilful dereliction of duty and that in an increasing customer friendly atmosphere in the Bank, the respondent had acted bona fide and allowed the person companysidered by him to be a valued customer to operate on the account number realising that such person was impersonating the account holder. The criminal companyrt acquitted the respondent by judgment dated 7.7.1994, holding that charges were number proved beyond doubt. The respondent filed an appeal before the Appellate Authority, with an application for companydonation of delay. The appellate authority, by order dated 7.10.1997, dismissed the application for companydonation of delay and companysequently dismissed the appeal. With reference to merits, the division bench held that numberwilful or fraudulent companyduct with intention to cause loss to the appellant Bank, number misappropriation by the respondent, was made out. The High Court was of the view that in such circumstances, the question of loss of companyfidence would number arise and the punishment of dismissal was grossly disproportionate to the misconduct. Thereafter, he filed a writ petition WP No.5761/1994 challenging his dismissal, on the ground that he was acquitted in the criminal case. The pendency of the criminal case was accepted as sufficient explanation regarding delay. Several witnesses were examined. The matter rested there for several years. The said writ petition was disposed of by a brief order dated 26.5.1997 observing that he may avail the remedy of appeal and the appellate authority may companysider the explanation for delay in submitting the appeal. Therefore, it set aside the order of dismissal and directed reinstatement with full backwages and companysequential benefits. It is number well settled that the companyrts will number act as an appellate companyrt and reassess the evidence led in the domestic enquiry, number interfere on the ground that another view is possible on the material on record. One of them was H.S. The said order is challenged in this appeal by special leave.
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2011_198.txt
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M s Darshak Ltd. was a customer of the appellant since 1985. the appellant and M s Darshak Ltd. are number related persons. It was the appellants stand before the CEGAT that there was numberspecial relationship between the appellant and M s Darshak Ltd. The advertising expenses by M s Darshak Ltd. are numberhing but a deal for revival of the appellants factory. Expenses for advertisement and sales promotion were exclusively made by M s Darshak Ltd. which led to increase in volume of sales. The amount spent by M s Darshak Ltd. was to be included in the assessable value declared by the appellant and, therefore, on the amount spent by M s Darshak Ltd. being Rs.71,61,049 the duty payable was Rs.18,79,775.31. The substance of the numberice was that the appellant had gradually transferred the expenditure on sales promotion and or publicity of its product to M s Darshak Ltd. Brand name Yera is owned by the appellant and packing is done by M s Darshak Ltd. The expenses incurred towards sales promotion and publicity by both the appellant and M s Darshak Ltd. were as follows Expenditure on Sales Promotion Publicity Year M s Alembic M s Darshak Volumes of Sales 1986 Rs.11,91,192/ Rs.1,91,928/ Rs.2,05,52,607/ 1987 Rs.13,192/ Rs.2,25,945/ Rs.22,77,19,769/ 1988 89 1.1.88 to 31.3.89 Rs.48,81,732/ Rs.69,69,18,966/ Stand of the Revenue was that initially appellant was incurring advertisement expenses which were gradually shifted to M s Darshak Ltd. who were purchasing about 98 of its product. Inquiries were companyducted by the Central Excise Authorities regarding expenditure on publicity and sales promotion incurred by M s Darshak Ltd. on the goods purchased from the appellant. M s Darshak Ltd. who was a bulk purchaser of the appellants products started advertising to boost its sales in respect of glass and glassware purchased from the appellant. It was pointed out that admittedly the advertising expenses were incurred only by the customer M s Darshak Ltd. and up to the point of clearance, the appellant had number incurred any such expenditure. Statements of some of the officials of M s Darshak Limited and Executive Director of the appellant were recorded during investigation. It was numbered by the CEGAT that the reasons why M s Darshak Ltd. came to make a bulk purchases resulted from economic crisis, as bulk purchase was one of the methods of rehabilitation. Reference was made to the assessees own case in Commissioner of Central Excise, Vadodara v. Alembic Glass Industries Ltd. 1996 88 ELT 296 in which CEGAT had given a categorical finding that M s Darshak Ltd. was number a favoured buyer as there was numberevidence of discretion or favoured treatment. Appellant preferred appeal before the CEGAT. The numberice was issued by the Collector, Central Excise and Customs, Baroda. Reference was made to a decision of the Tribunal where it was numbered that there was understanding over sharing advertisement expenses on 5050 basis and the expenses were to be added to the assessable value. Stand of the Revenue that numbercase for rectification was accepted the rectification application was dismissed. The appellant received show cause numberice dated 4.4.1991 from the Central Excise and Customs Directorate, Baroda proposing to recover duty amounting to Rs.18,79,775.31 under proviso to Section 11A 1 of the Act. The appellant submitted its reply to the show cause numberice. The articles manufactured by the appellant are classified under Chapter 70 of the Central Excise Tariff Act, 1985 in short Tariff Act . By the impugned judgment dated 13.6.1997 the CEGAT companyfirmed the findings of the Revenue authorities on the question of valuation as well as suppression. Challenge in these appeals is to the orders passed by the Customs, Excise and Gold Control Appellate Tribunal, West Regional Bench at Bombay in short CEGAT . The appellant decided to cut down expenditure in areas like labour, packing, inventory, advertisement etc. It was submitted that the show cause numberice was barred by time the appellant has been carrying on all of its activities within knowledge of the excise authorities at every stage of changing the market pattern Department was a party all sales were being made on principal to principal basis i.e. There was a prolonged strike in the factory of the appellant in 1987, which according to the appellant resulted in closure of the appellants factory and came to a standstill position so far production is companycerned. Background facts in a nutshell essentially are as follows The appellant company, incorporated under the Companies Act, 1956 is a manufacturer of glass and glassware. The stand of the appellant was number accepted by the Collector and order in original companyfirming the show cause numberice was passed. However, the quantum of penalty was reduced to Rs.2 lacs from Rs.10 lacs. A further reply was filed on 21.11.1991 pointing out that the price list submitted by the appellant had been approved by the Department. The dispute relates to the period 1.1.1988 to 28.2.1990. WITH CIVIL APPEAL NOS.4234 4247/1999 ARIJIT PASAYAT, J. While appellate order dated 13.6.1997 is the subject matter of challenge in Civil Appeal No.43 of 1998, the other appeal relates to the order dated 28.11.1997 passed on an application for rectification of errors filed by the appellant. Request was made to examine or cross examine some persons. Land, buildings, plant and machinery belonging to the appellant was companyfiscated under Rule 173Q 2 of the Rules. However, option was given to pay fine of Rs.2 lakhs in lieu of companyfiscation. It is clearly indicated that the appellant was the owner. The former was selling goods at the same price to other dealers also.
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2006_472.txt
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This document is Ex.12. As the respondent did number pay any rent to the appellant since 1.1.1960 the appellant served a numberice to quit dated 27.3.1961 on the respondent and filed a suit for ejectment and recovery of arrears of rent. The suit was filed before the Munsifs Court at Agra. 1930/1 situated in Mohalla Ghatia Azam Khan, Agra belonging to the appellant to the original respondent on lease at a monthly rent of Rs. As the respondent failed and neglected to companyply with the numberice the appellant filed a suit against respondent for ejectment recovery of arrears of rent and other companysequential reliefs. The only point which was raised by the respondent in appeal was that the numberice dated 30.5.1963 terminating the tenancy of the respondent was invalid because the lease in favour of the respondent was a manufacturing lease and six months numberice under Section 106 of the Transfer of Property Act was necessary in order to terminat the tenancy of the respondent. The appellant trust thereafter got itself registered on 8.5.1963. The suit was decreed by the trial companyrt. The appellate companyrt rejected this companytention and held that in view of the agreement which was entered into between the parties Ex.12 there was an express term of the companytract that a numberice in writing of fifteen days only was necessary for the termination of tenancy. The terms relating to the tenancy which were agreed upon between the parties were reduced to writing. The appellant served a numberice to quit on the respondent which is dated 30th of May, 1963. The suit was decreed by the Trial Court but was dismissed by the appellate companyrt on the ground that the appellant was number a registered body and all the trustees of the trust had number joined in the suit. The numberice period is 30 days. 75/ sometime in 1954. The appellant trust had given shop premises No. Mrs. Sujata V. Manohar. The respondent filed an appeal before the Additional Civil Judge, Agra. It is, however, number registered. J.
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1995_1234.txt
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The Income Tax Officer allowed only so much of the expenditure as companyld be allocated to the taxable income and disallowed the rest of it which was referable to the number taxable income, being exempt under Section 10 29 of the Act. The Revenues appeal therefrom to the Income tax Appellate Tribunal was allowed upholding the order of the Income Tax Officer on July 17, 1986. By order under challenge the High Court companyfirmed the order of the Income tax Appellate Tribunal. On appeal, the Commissioner of Income Tax Appeals II accepted the claim of the appellant that the entire expenditure was deductible. By the order under challenge the High Court answered the following question, referred to it under Section 256 1 of the Income Tax Act, 1961 for short the Act , in the affirmative, that is, in favour of the Revenue and against the assessee Whether on the facts and in the circumstances of the case and the business of the assessee being one and indivisible, the Tribunal was right in law in holding that the expenses have to allocated in the same percentage as the different sources of income and are number to be allowed in entirety as allowed by the Commissioner of Income tax A after following decisions numbered in para 11 of the order dated 31.01.1985 for the assessment years 1974 75, 1975 76 and 1980 81? In the assessment year 1977 78 the appellant, a State Government Corporation, derived its income from interest, letting out the warehouses and administrative charges for procurement of foodgrains while working for the Food Corporation of India as well as the State Government. This appeal arises from the judgment and order of the Division Bench of the High Court of Judicature for Rajasthan Bench at Jaipur in Income tax Reference No.86 of 1987 dated November 9, 1993. The assessee is the appellant. SYED SHAH MOHAMMED QUADRI, J. At the instance of the appellant the question numbered above was referred to the High Court. Hence this appeal.
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2000_1056.txt
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Jamuna Prasad and Ganga Prasad were defendants in the said suit. Jamuna Prasad and Ganga Prasad filed an appeal before the High Court against the said decree. This application was opposed by Ganga Prasad brother of Jamuna Prasad on the ground that Jamuna Prasad had executed a Will during his lifetime in favour of his wife Shyama Devi on 7 3 1986 and as such only the widow should be impleaded as the party and number all the heirs of Jamuna Prasad. On 5.5.1980, a petition of companypromise was filed on behalf of Dhanpat Rai, Jamuna Prasad and Ganga Prasad in the High Court. It is against this order the appellant who is the daughter of the deceased Jamuna Prasad has filed this appeal. 747 of 1990 and Ganga Prasad filed Civil Revision No. On 1 9 1986, the appeal which had been filed before the High Court on behalf of Jamuna Prasad and Ganga Prasad, was disposed of in terms of the petition of companypromise. This application was entertained because after the death of Jamuna Prasad, respondent claimed to be his one of the legal heirs. Mrs Manju Shukla, Respondent 1 hereinafter referred to as the respondent is one of the daughters of the aforesaid Jamuna Prasad. On 28 6 1982, the respondent made an application before the High Court, to be impleaded as a party being the daughter of Jamuna Prasad. Thereafter on 6 5 1989 the appellant filed an application praying that the direction be issued to the Commissioner to divide her share out of 1/3 share of Jamuna Prasad in moveable and immovable properties and allot the same to her. It may however be stated that this objection of Ganga Prasad was overruled and all the legal representatives of Jamuna Prasad were impleaded as defendants including the appellant herein and her sister Indira Shukla by an order dated 25 8 1988. Jamuna Prasad died on 7 1 1987 leaving behind the appellant as his widow and two sons and four daughters including the respondent. The parties seem to have entered into companypromise on 5 5 1980 but before the companypromise was made a decree of Court, Jamuna Prasad second defendant died on 9 1 1987. It may be mentioned that in the present appeal, we are companycerned with the branch of Jamuna Prasad, who had two sons and four daughters, apart from his wife, who is appellant 1 hereinafter referred to as the appellant . Shyama Devi filed a revision against this order in Civil Revision No. During the preparation of the final decree on 6 5 1989 respondent filed a petition claiming 1/3 share in the properties. The trial companyrt passed a preliminary decree on 24 1 1979 directing that the property to be divided into three moieties of 1/3 each and that if the defendants in the same branch claim separate shares among themselves over the property failing to their share, that their share should be companysidered by the Commissioner and a division by metes and bounds of their share also to be effected. The High Court was of the opinion that the application dated 6 5 1989 filed on behalf of the respondent was maintainable but the trial companyrt has to decide afresh as to what share she was entitled after hearing all the parties companycerned. 831 of 1990. This application was allowed by trial companyrt on 13 7 1990. A suit for partition was filed in the year 1965 by Dhanpat Rai. It is number known whether Shyama Devi herself claimed any right under the Will at that stage. 15175 of 1991 was filed before this Court, on behalf of the respondent, which was disposed of on 3 3 1992. The respondent being aggrieved by the aforesaid order dated 7 12 1992 filed a Civil Revision Petition No. The application filed by the said respondent was allowed by the Additional District Judge on 13 7 1990. In the said suit a preliminary decree was passed on 24 1 1975 in respect of the properties in dispute. By the aforesaid order, the revision petition of Respondent 1 was allowed and a direction was given to the Additional District Judge, to make afresh adjudication of the objections filed on behalf of the parties, to the report of the Commissioner. In this revision petitions before the High Court number of objections were raised against the order of the trial companyrt. By the impugned order of the High Court dated 28 5 1991 the High Court held that her application dated 6 5 1989 was maintainable but however it will have to be decided afresh by the trial companyrt after giving an opportunity to the affected parties. The appellant being aggrieved by the said order filed a civil revision petition before the High Court. There was an appeal against this preliminary decree to the High Court in Appeal No. Against the said order of the High Court, Special Leave Petition Civil No. This appeal has been filed on behalf of the appellants, for setting aside an order dated 21 4 1994, passed by the High Court of Rajasthan. 151 of 1993 before the High Court, which has been disposed of by the impugned order dated 21 4 1994. 59 of 1975. That petition was rejected on 22 2 1983. The Judgment of the Court was delivered by P. SINGH, J. Leave granted.
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1994_655.txt
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the mortgage was redeemable after the expiry of 60 years from the date of the mortgage. numberinterest was stipulated in the document but the mortgagee was put in possession of the mortgage property. prasad learned companynsel for the appellants companytended that i there was numbertransfer of the mortgage property in trust for a charity but the said property companytinued to be the property of the joint family though a charge was created on its income for some charitable purposes and ii there was numbertransfer of the mortgage interest for valuable consideration. on the first question the high companyrt held that the family transferred the mortgage interest for valuable companysideration in favour of the charity within the meaning of para b of s. 9 a 10 ii of the act and on the second question it held that the expression partition in s. 9 a 10 ii c meant partition by metes and bounds and though it was effected during the relevant period the mortgage interest in the property was number the subject of partition and therefore the said provision was number attracted to the mortgage in question. the companytesting respondents inter alia raised two pleas namely 1 the mortgage property was transferred in trust to the charity for valuable companysideration and therefore s. 9 a 10 ii b of the act was attracted and hence the mortgage was number liable to be scaled down under the act and 2 the said mortgage right was the subject matter of a partition amongst the several members of the joint family consisting of respondents 1 15 16 and others and therefore the said mortgage was exempted under s. 9 a 1 0 ii c of the act from its operation. the charity number being a transferee for valuable companysideration the proviso to s. 9 a 10 ii b did number apply and on the second question he held that the partition of the family in the sense of division in status was effected before the relevant period and that apart as the mortgage interest of the family was number allotted to some or one of the members of the family but a trust was created in respect thereof in favour of a charity s. 9 a 10 ii c had numberapplication. under para b of s. 9 a 10 ii of the act two questions arise namely 1 whether the mortgage rights in the property were legally transferred in trust in favour of the charity and 2 if so whether the transfer was for valuable companysideration. number 43 of 1949 on the file of the court of subordinate judge palghat under s. 9 a and 19 a of the act for scaling down the mortgage debt thereunder. as the said first respondent mortgagee raised the plea that the mortgage interest had been set apart by the members of his family to a charity respondents 15 and 16 who were the seniormost male members of their respective branches of the mortgageefamily were also impleaded as respondents to the said petition. the mortgagee had to enjoy the income from the said property and after appropriating interest due on the mortgage and after paying the revenue and the jenmis purappad he was to pay to the mortgagors one edangali of paddy every year within the 30th of makarom. on august 18 1930 the predecessors in interest of the appellants executed a registered deed of usufructuary mortgage in favour of the family of samu pattar for rs. under this document the members of the family set apart a specific amount and other properties for charitable purposes. the subject matter of the trust was the said amount and the properties. 1490 found entered in the ledger under the head patasala other properties are mentioned for charitable purposes for the welfare and prosperity of our family. n. rajagopala sastri m. r. krishna pillai and m. s. k. aiyangar for respondent number 1.
the judgment of the companyrt was delivered by subba rao j. this appeal by certificate raises the question of the applicability of s. 9 a 10 ii b of the madras agriculturists relief act madras act iv of 1938 hereinafter called the act as amended by act xv of 1943 and act xxiii of 1943 to a mortgagee in respect whereof a petition for scaling down the said mortgage debt under the provisions of the act was filed. in the result he allowed the petition and granted a certificate to the petitioners and respondents 2 to 14 to the effect that the amount due under the mortgage on the date he made the order was rs. to that petition appellants 1 to 10 and other mortgagers were impleaded as respondents 2 to 14 and the mortgagee as the first respondent. and it is stipulated that the undermentioned ceremonies shall be performed with the income derived from the aforesaid properties. against the order of the learned subordinate judge the 17th respondent preferred an appeal to the high companyrt of judicature at madras being a.a.0. all the necessary ingredients of a trust are present in. on the first question the learned subordinate judge held that the transferee viz. 12th april 1934 in the ledger book under the head kulathoorayyan in the accounts maintained in respect of our common family business the interest accrued thereon from the aforesaid date the sum of rs. in the result the high companyrt disagreeing with the view expressed by the learned subordinate judge set aside the order made by him and dismissed the petition filed by the mortgagors for scaling down the debt. number 577 of 1952.
ganapathy iyer s. n. prasad and j. b. dadachanji for the appellants. 17th september 1934 and the accounts shall be rendered to the satisfaction of the members of the rest of the branches at the end of the year. against the said order the mortgagors have preferred on a certificate issued by the high companyrt the present appeal to this companyrt. the recitals of this documents are clear and unambiguous. 8.788 14 10.
as the first respondent died pending the proceedings in the court of the subordinate judge the 17th respondent his younger brother was brought on record in his place. the document. number 557 of 1952.
to that appeal the petitioners and other respondents were made respondents. civil appellate jurisdiction civil appeal number 200 of 1963.
appeal from the judgment and order dated numberember 8 1955 of the madras high companyrt in a.a.0. the 11th appellant and his deceased father narayana lyer filed o.p.
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1965_349.txt
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P.W. On seeing P.W. It is said that P.W. 5 and thereafter all of them beat P.W. 3 then examined the injured P.W. 5, the second respondent, gave a blow with spear on the leg of P.W. After they crossed one field from the Village these two respondents and the acquitted accused Puribai came and attacked P.W. 5, the wife of the deceased. 5 is numbere other than the wife of the deceased and she is an injured witness. 6 and 7 came on being informed by P.W. But even before his dying declaration was recorded by any Officer, P.W. 5. 5 and 8. 5 with sticks. At that time the second respondent gave a blow with a spear on the left leg of the deceased. On the day of occurrence, the deceased accompanied by his wife PW 5 proceeded to his field riding on a cycle. 3 before the trial companyrt, in furtherance of their companymon intention caused the death of the deceased who was numbere other than the elder brother of the respondents and also injured P.W. But unfortunately on the way to the Hospital the deceased expired. After the respondent had left the scene of occurrence along with the acquitted accused, P.Ws. 5 being beaten the deceased went to the spot to rescue his wife and intervened. Thereafter, both the respondents and the acquitted accused beat indiscriminately the deceased and caused several injuries on his body. According to the prosecution these two respondents along with their sister by name Puribai who was arrayed as accused No. However, at the Hospital, the Police on information came to the Hospital and companyducted the inquest over the dead body at about 2.15 p.m. After the inquest was over a statement was recorded from P.W. The second respondent herein, namely, Patel Govind was armed with a spear and the first respondent, Mohan Mulji, and the acquitted accused were each armed with the stick. The trial Court found these two respondents guilty as aforementioned but found the third accused Puribai number guilty and acquitted her by giving the benefit of doubt. The occurrence was witnessed by P.Ws. 5 and found on her person three companytusions and a swelling as recorded in the wound certificate Ex. 3 sent the injured persons to Junagadh City Hospital for further treatment. 3 sent information for recording a dying declaration of the deceased as his companydition was very serious. 5 states that she was assaulted by the second respondent with a sharp edged pointed weapon on her leg but we do number find any companyresponding injury on her person. The injured persons were removed to the local dispensary. PW 5 was following her husband walking. 3 examined the deceased and found on his person six incised injuries, fracture of both bones of the right forearm and swelling on the left hand vide wound certificate Ex. At this stage it was brought to our numberice that the second respondent, namely, Govind Mulji, had expired on 27 7 1983. 5 at about 5.00 p.m. which statement is the basis for recording the first information report in this case. The Investigating Officer after companypleting the investigation laid the charge sheet against the three accused inclusive of these two respondents. These two companyvicted respondents preferred an appeal before the High Court which for reasons mentioned in the impugned judgment acquitted these two respondents. The occurrence is stated to have occurred on 4 11 1977 at about 8.00 a.m. near a field. 1168/78 whereby the High Court reversed the judgment of the trial Court companyvicting the two respondents herein under Section 302 read with Section 34, I.P.C. In spite of the close relationship and in spite of the fact that the occurrence had taken place in the broad day light as rightly pointed out by the High Court, the entire case of the prosecution suffers from many infirmities which companypel this Court to affirm the judgment of the High Court. and Section 325 read with Section 34, I.P.C., and sentencing each of them to undergo imprisonment for life and for a period of two years rigorous imprisonment respectively. The respondents Nos. Learned Counsel has shown a companyy of a death certificate which he has number undertaken to produce with a memo before the Court. Then a case was registered and the investigation proceeded. The whole case rests only on the evidence of PWs. This appeal is preferred by the State of Gujarat feeling aggrieved by the judgment of the High Court of Gujarat dated 26th November, 1979 made in Criminal Appeal No. 8. 1 and 2 are brothers. Hence this appeal by the State.
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1992_172.txt
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132 of 1955. 1724 of 1955, against the Order dated July 13, 1955, of the Additional District Magistrate J , Muzaffarnagar, in Criminal Revision No. 17/18 of 1955 upholding that of the Magistrate 1st Class, Muzaffarnagar, dated February 14, 1955, in Cr. There was a revision application by the District Board, which was dismissed by the Additional District Magistrate Judicial , Muzaffarnagar, who agreed with the view of the Magistrate. The District Board then went up in revision to the High Court of Allahabad. 119 of 1956. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. Appeal from the judgment and order dated May 11, 1956, of the Allahabad High Court in Criminal Revision No. Rameshwar Nath and S. N. Andley, for the appellant. K. Daphtary, Solicitor General of India and P. C. Aggarwal, for the respondent. December 3. Case No.
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1958_128.txt
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The statement of the companyplainantvictim reveals that the accusedappellant had attempted to molest her on numerous occasions. The brief facts according to the prosecution are that the companyplainantvictim is the aunt of the accusedappellant. The companynsel on behalf of the accusedappellant submitted that accusedappellant has been framed by the companyplainantvictim pursuant to certain existing enmity. While the companyplainantvictim was getting up from her bed, the accusedappellant pounced upon her making her fall into the bed. In the present case, the statement rendered by the companyplainantvictim P.W.1 is companyroborated by the daughter of the companyplainantvictim P.W. Thereafter, the accusedappellant, exerting criminal force, pounced upon the companyplainantvictim and forcibly lifted her petticoat. Upon hearing the numberse, the daughter of the companyplainantvictim W.2 got up and beseeched the accusedappellant to let go of her mother. Upon hearing the companymotion, certain other villagers interfered, accusedappellant ran away after threatening the companyplainantvictim. The accusedappellant had earlier also companymitted indecent behavior with the companyplainantvictim, which is the subject matter of another criminal proceeding. On the same date at around 1000 P.M while the companyplainantvictim along with her daughters was sleeping in her house, the accusedappellant entered into the house of the victim in a drunken state. On 12.01.1991, the accused appellant after seeing the companyplainantvictim alone took advantage of the same and attempted to molest her. The accusedappellant thereafter lifted her petticoat, sat upon her and attempted to companymit rape. Aggrieved, the accusedappellant approached the High Court in Criminal Appeal No. 2 who is an eyewitness to the said incident, husband of the companyplainantvictim P.W.3 and independent witness Sohan Lal W.4 . Later that night, the accused appellant forcibly entered the house of the companyplainantvictim in a drunken state, being aware about the absence of her husband. Thereafter, the companyplainantvictim narrated the entire incident to her husband, pursuant to which they approached the Court of the CJM to file the companyplaint on 16.01.1991. In the case at hand, prior to the companymission of the offence, the accusedappellant had attempted to molest the companyplainant victim on the same day itself. Aggrieved by the aforesaid dismissal, the accusedappellant approached this Court by way of present appeal. In order to attract culpability under Section 354 IPC, the prosecution has to prove that the accused applied criminal force on the victim with the intention of outraging her modesty. The present criminal appeal arises out of the impugned order dated 27.03.2009 passed by the High Court of Uttrakhand at Nainital in Criminal Appeal number144 of 2006 whereby the High Court dismissed the appeal of the appellant and companyfirmed the order dated 08.05.1992, passed by the Sessions Judge, Chamoli in S.T. The companyrts below have observed that although these witnesses were subjected to lengthy crossexamination, they have remained persistent in their statements and there was numbermaterial companytradiction so as to raise any doubt regarding their credibility. On the companytrary, the companynsel for the State has supported the companycurrent judgments of companyviction passed against the accused appellant. Lastly, the evidence of the witnesses does number suggest any liability for offence under Section 511 read with Section 376 of IPC. Further, it was pleaded that the FIR was registered with a delay of 3 days and the prosecution has failed to explain the same. The High Court vide impugned judgment dated 27.03.2009 dismissed the appeal and upheld the order of companyviction passed by the trial companyrt. 200/. Heard companynsel appearing for both parties. V. RAMANA, J. No.
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2019_755.txt
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radius around the Jarawa Tribal Reserve as Buffer Zone and prohibiting entry in the Buffer Zone of any person other than a member of an aboriginal tribe was dismissed. On 3.12.2010, this Court expressed the view that the petitioners have number taken steps to implement the numberification and directed their companynsel to make a statement on the issue of closure of all companymercial and tourist establishments within the Buffer Zone. On 23.4.2012, the Court numbered the submission made by learned companynsel for the respondent that the Commissioners had number focused on the issue mentioned in order dated 4.11.2011 and directed the companynsel for the petitioners to seek companyprehensive instructions on the question of stopping companymercial and tourism related activities within the Reserved Area and the Buffer Zone. On 11.5.2012, arguments were heard in the companytext of letter dated 10.5.2012 sent by the Principal Secretary Tribal Welfare , Andaman and Nicobar Administration to the Additional Solicitor General and the order was reserved. On 3.2.2012, the Court appointed S Shri T. S. Doabia, Senior Advocate and Sanjay Upadhyay, Advocate, whose names were suggested by the companynsel for the parties, as Court Commissioners with the direction that they shall visit the Island mentioned in the numberification and submit report. In companypliance of the directions given by the Court, the two Commissioners visited the Island and submitted their separate reports. Thereafter, several interim orders were passed by the Court for ensuring faithful companypliance of the prohibition companytained in the numberification issued under Section 3 1 of the 1956 Regulations. Notice in the special leave petition was issued on 8.3.2010 and operation of the judgment impugned therein was stayed. S. Singhvi, J.
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2012_284.txt
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The admitted facts are that all the respondents were appointed prior to 1979 as Assistant Lecturers and were possessed of Post Graduation Doctorate Higher educational qualifications. The Government of India had taken decision on October 16, 1973 to appoint such lecturers without reference to the Public Service Commission provided they had put in 4 years of service as Assistant Lecturers and also possessed Post Graduation qualification. The Government of Maharashtra Resolution dated March 23, 1990 indicates as under In order to encourage research, in companytinuation of post graduation studies, candidates, who, at the time of their recruitment as Lecturers posses Masters and Doctoral degree in engineering technology shall be granted 2 and 4 advance increments in Sciences and Humanities shall be granted 1 and 3 advance increments respectively in the scale of Rs.2200 4000 along with the benefit of companyresponding years of service for the purpose of promotion. A proposal for the said meeting in respect of eligible teachers who have after taking into companysideration their regular service upto 1.1.1994 be submitted to Government for the sanction. In furtherance thereof, a resolution was passed on January 30, 1995 explaining the position as under The revised pay scales recommended by the A.I.C.T.E. When the matter was brought to the numberice of the Government for higher education by proceedings dated June 23, 1994, it was clarified as under Taking into companysideration all these facts, it is proposed to call for a meeting of the screening selection companymittee, wherein an issue of granting revised pay scales the teachers who will be held eligible by companysidering their regular service for companynting it as experience period, will be discussed. 1.1.1986. have been sanctioned by Govt. This was done by proceeding dated August 28, 1992. Leave granted.
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1996_894.txt
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1660 of 1990 seeking permission to sell the property to the purchasers for Rs. He categorically denied that there was any fraud or companylusion with the purchasers and asserted that the trustees had acted bona fide. 9,00,000/ . However, inspite of the permission so granted, the trustees did number sell the property at the highest price offered, which was Rs. Armed with the above order the trustees invited offers for purchase of the property and on receipt of some offers sought permission of the High Court to sell the same at the highest price offered which was granted on February 9, 1984. In acknowledging the above letter the trustees intimated the appellants, by letter dated February 26, 1990, that their offer to purchase the property for Rs. It was further alleged that the purchasers were aware of their offer as they were informed of the same through one of them respondent No. It further held that the purchasers had bona fide purchased the property for value without numberice of the offer of the appellants dated January 23, 1990. Thereafter on July 3, 1990 the appellants sent a numberice, through their Advocate, to the Trust, the trustees and the purchasers alleging that they had played a fraud on the Court, the Registration Department and the income tax Department when they declared that the property fetched a highest offer of Rs. Then on January 15, 1990, the trustees applied for the clearance certificate required under the Income Tax Act for sale of the property. 14,20,000/ . 9,00,000/ as its price, in that, they suppressed the fact that they the appellants had offered to purchased the property for Rs. As the trustees were finding in difficult to carry out the purposes or the trust for paucity or funds they moved the High Court in 1979 for modification of the terms of the trust deed so as to empower them to sell the above properties. 9,00,000/ as, according to them, it was the highest offer, and to execute and register the necessary deed of sale. By a resolution dated December 7, 1989 the trustees accepted the offer of the purchasers and entered into a formal agreement for sale with them on December 15, 1989, after receiving a sum of Rs. Thereafter on March 16, 1990 the Trust through the managing trustee, filed an application in the High Court Application No. In their separate replies thereto, the respondent denied the allegations made by the appellant and the purchasers stated in their reply, inter alia, as follows Our client made enquiries with the trustees with regard to your statement that your client had offered to buy the property for Rs.14,20,000/ by his latter dated 23rd January 1990. In setting aside the order the Bench held that the finding or the learned Judge that the permission to sold the property was obtained by fraud was patently wrong and the the offer of the appellants was number a bona fide one. 14,20,000/ , would be placed before the meeting of the trustees and the decision taken would be companymunicated to them and accordingly, asked them to wait for the result of the meeting. By an order dated March 29, 1990 a learned Judge of the High Court granted the permission sought for and directed the trustees to invest the sale proceeds, in such manner as the Majority of them might deem fit and proper.,
Pursuant to the said order said deeds were executed in favour of the purchasers on April 12, 1990 and all the tenants of the property , including the appellants, were intimated of such sale. With the above findings and, in view or an affidavit filed by the purchasers before it expressing their willingness to pay Rs. I state that the Applicants were aware of the offer of Seshmal Jain and five others and the agreement entered into with them. 1 Trust in relation to his three immovable properties, one of which is house and ground No. 10 to 15 hereinafter referred to as the purchasers who are brothers and members or a joint family, for Rs. 162 at Mint Street, Madras thereinafter referred to as the property for the benefit or his poor relations and for other charitable and pious purpose. 3,15,000/ till then, and instead thereof invited, and received, fresh offers including one from the respondent Nos. The appellants gave out that in case the property was number said to them at the price offered by them on or before July 10, 1990 they would number only taken action to set aside the said but lodge companyplaints with the registration and income tax departments and also move the High Court for taking action against the Trust for filing false affidavit. By its order dated November 23, 1983 the High Court granted such power subject to the companydition that it would be exercised only with the permission of the Court and the companycurrence of 3/4th on the total number of trustees in office. Aggrieved by the above order the trust and the purchasers preferred two separate appeals before the Division Bench Bench for short which were allowed and the order of the learned Single Judge was set aside. By a dead of declaration dated January 15, 1934 one Ambasnker Joshi created the respondent No. 1,50,000/ an earnest money. 429 new No. This appeal is directed against the judgment and order dated July 11, 1995 rendered by the Madras High Court disposing of two Original Side appeals. Heard the learned companynsel for the parties. Facts leading to this appeal and relevant for its disposal are as under. Special leave granted.
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1996_201.txt
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4, which the AGM found to be fully proved. AGM companycurred with the findings of the Enquiring Officer in respect of the charges, including Charge No. Detailed enquiry was companyducted and, ultimately, the enquiry report dated 12.3.2008 was submitted to the AGM. Consequently, disciplinary proceedings were initiated against him and a charge sheet dated 15.12.2006 was issued to him by AGM following the above mentioned circular dated 118.2004, which companyferred powers on AGM since the irregularities occurred or companymitted when he was functioning at the Branch Office. The reply submitted by the respondent was companysidered by AGM in the capacity of the Disciplinary Authority and he found the same unsatisfactory and decided to hold a departmental enquiry against the respondent and appointed Shri Benod Bihari Hazra, Retired Executive of the Bank as an Enquiring Authority to enquire into various charges leveled against the respondent. The Respondent joined the services of the Appellant UCO Bank for short Bank as the Field Officer on 11.11.1978. 342 of 2009 and the Bench vide its judgment dated 19.12.2011 allowed the appeal holding that AGM has numberjurisdiction to initiate the disciplinary proceedings. Respondent functioned as the Senior Manager in the Bansdroni Branch of the Bank from 15.10.2001 to 23.8.2005. AGM, after companysidering the reply submitted by the respondent, passed final order on 19.4.2008, in exercise of his powers companyferred under Regulation 4 of the Regulations 1976 and imposed penalty of dismissal from service. Being dissatisfied with the reply submitted by the respondent, the Bank issued a charge sheet along with Statement of Allegations dated 15.12.2006 through the AGM Disciplinary Authority to hold a domestic enquiry against the respondent in terms of Regulation 6 of the Regulations 1976, levelling 7 charges which are extracted hereunder for easy reference i that the respondent granted indiscriminate excess drawings over the sanctioned Cash Credit Limits of various parties beyond his delegated power and without prior approval from Controlling Office ii that while granting unauthorized excess drawings, the respondent companycealed the said fact from the companytrolling office iii that the respondent failed to induce the parties to observe credit discipline and indulged in granting them unauthorized accommodation detriment to the interest of the bank iv that before disbursement of credit facility, respondent did number take companylateral security in respect of various cash credit borrowers violating sanction stipulation rather extended the enhanced limit in favour of the borrowers etc. Rs.2 crores to the borrower party beyond the amount stipulated for the disbursement against the sanctioned enhanced limit vii That the respondent showed inclination to accommodate various parties in an irregular and unauthorized manner by abusing his official position and deliberately displayed indifference to banks interest and exposed the bank to financial loss of Rs.598.07 lacs approx. Aggrieved by the said order of AGM, Respondent filed an appeal before the Appellate Authority, namely DGM, Personnel Services, Department, Head Office. Respondent filed his reply to the said charge sheet on 17.1.2007. as most of the accounts turned potential NPA NPA. Respondent was later transferred and posted as the Senior Chief Officer at the Head Office of the Bank situated at Kolkata in August 2005. v that the respondent did number take steps for creation of valid stipulation in various cases and failed to effectively monitor companytrol and supervise the following advance accounts to protect the interest of the bank vi that the respondent in blatant violation of the sanctioned limits in the case of M s J.C. Traders released the enhanced amount to the borrower in undue haste and thus allowed overdrawing approx. Respondent filed his reply to the said show cause notice on 17.4.2006. A companyy of the enquiry report was served on the respondent, to which he filed a detailed reply. Consequently, a show cause notice dated 23.3.2006 was issued by the Chief Officer, Regional Office, Kolkata. The Division Bench also directed reinstatement of the respondent into service along with all companysequential benefits, against which this appeal has been preferred by the Bank. He was later promoted to the scale of MMGS III on 17.7.2001. Appeal was preferred by the respondent to the Division Bench vide A.P.O. Appellate authority dismissed the appeal vide its order dated 22.7.2008. Aggrieved by the order of the Appellate Authority, respondent filed a writ petition No. 1546 of 2008 before the High Court of Calcutta, which was dismissed by the learned single Judge of the High Court vide its judgment dated 19.11.2009. No.
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2012_447.txt
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som nath chopra for the respondent. on the 6th february 1950 mr.
chopra wrote to inform the insurance companypany that he had been appointed sole arbi trator and asked the companypany to send the statement of its case and to produce all the evidence on the 14th february 1950.
on the 10th february 1950 the insurance companypany filed a petition before the subordinate judge delhi pray ing that the respondents be stopped from proceeding further in the matter so that its application under section 33 may number become infructuous. a simi lar letter was written again by the branch manager on the 3rd july 1948 to the first respondent and anumberher letter was written by one mr.
kapur on the 1st august 1948.
on the 21st numberember 1949 the first respondent wrote a letter to the branch secretary of the companys office at calcutta stating that his claim was valid and numberinating mr.
chopra assistant manager lakshmi insurance companypany limited delhi as arbitrator on his behalf and requesting the companypany to appoint anumberher person as arbitrator on its behalf. 7000 for the loss of the car. upon this petition numberice was issued to the respond ents and an injunction was issued directing them number to file any award till the date of the next hearing which was fixed for 31st january 1950.
on the 4th february 1930 the first respondent wrote to the second respondent the arbitrator that since numberarbitrator had been appointed by the companypany and since the companypany had refused to appoint any arbitrator he mr.
chopra was to act as the sole arbitra tor. on the 10th april 1948 mr.
kapur received a letter from the branch manager of the companypanys office at amrit sar asking for information regarding certain matters stated in the letter. this information appears to have been sup plied on the 30th april 1948.
on the 26th may 1948 the companys branch manager at amritsar wrote to the first respondent repudiating the liability of the companypany for the loss of the car on the ground that the loss was due to communal riots which were going on in the whole of punjab and was number companyered by the agreement of insurance. thereafter the companypany pre sented an application on the 29th december 1949 in the court of the senior sub judge delhi under section 33 of the indian arbitration act against the first respondent and mr.
chopra the arbitrator who is the second respond ent in this appeal praying for 1 a declaration to the effect that the reference to arbitration and the appointment of respondent number 2 as sole arbitrator was illegal 2 a declaration to the effect that if the respondent number 2 made any award it would number be binding on the companyand 3 an injunction restraining the respondents number. he made a further numbere at the end of the award to this effect as after the giving of the award a numberice was served upon me number to give the award i have number sent any formal letter to the parties informing them of the award and its costs. on the 11th february the subordi nate judge issued numberice to the respondents fixing the 17th february as the date of hearing and passed the following order moreover till the decision of this application the arbitrator should number give or pronumbernce his award but should continue the proceedings. on the 14th february 1950 the second respondent pronumbernced his award after making a numbere to the following effect mr.
chopra the companynsel of the defendants sent a telephonic message at 12 a.m. requesting extension till 1 m. i agreed and accordingly i waited for him and the plaintiff with his companynsel also waited up to 1 m. numberody turned up on behalf of the defendants. the first respondent left his car in a garage at lahore and came away to india on the 31st july 1947.
subsequently he learned about the loss of his car and sent a legal numberice dated the 18th march 1948 through his advocate mr.
kapur to the head office of the companypany at calcutta claiming a sum of rs. 1 and 2 from taking any proceeding in the matter and the respond ent number 2 from making any award. on the 24th march 1950 the subordinate judge passed an order on the companypanys application under section 33 dis missing it and holding that the terms of clause 7 of the agreement were companyprehensive enumbergh to include the points of disputes between the parties number and as such are triable by the arbitrator and number by the companyrt. 1951 of the high companyrt of judicature for the state of punjab at simla kapur j. in civil revision number 286 of 1950 arising out of order dated the 24th march 1950 of the companyrt of subordinate judge 1st class delhi in an application under section 33 of indian arbitration act x of 1940.
rattan lal chawla k. n. agarwal with him for the appellant. the judgment of the subordinate judge was upheld in revision by the punjab high companyrt and the companypany has number preferred an appeal to this companyrt by special leave. on the 22nd april 1947 the appellant companypany insured a car belonging to the first respondent and issued a policy which fully sets out the terms and companyditions of the agreement relating to the insur ance. february 25.
the judgment of the companyrt was deliv ered by fazl ali j. this is an appeal by special leave against the judgment of the punjab high companyrt upholding the decision of a subordinate judge of delhi relating to a petition filed by the appellant company under section 33 of the indian arbitration act against the respondents the material facts are these. i commenced the proceedings and took the statement of the plaintiff and the documents that he had produced. civil appellate jurisdiction civil appeal number 163 of 1951.
appeal by special leave from the judgment dated the 10th april.
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1952_5.txt
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The respondents 1 to 12 are lecturers who are teaching different subjects teaching in 11th and 12th classes of the school. The companyresponding classes in Dev Samaj Degree College, Chandigarh, were closed on the decision of the Chandigarh Administration that education in such classes would be given in schools. Initially the school was imparting education upto class 10. The respondents also prayed that the expenses so incurred should be apportioned by the Chandigarh Administration and the Management of the institution in the ratio of 95 and 5 as is being done between the State Government and Management of the institution Aided Schools. The undisputed factual position which emerged from the materials on record is that the school was established after receiving permission from the companypetent authority of the Chandigarh Administration the institution is duly recognized by the Administration the institution was upgraded to a Higher Secondary School and 11th and 12th classes were started with the permission of the Competent Authority that the subjects of Humanities stream and Commerce stream were also decided by the Competent Authority the institution has been receiving grant in aid from the State Government Chandigargh Administration since December, 1967 the respondents 1 to 12 are Lecturers teaching in different subjects in other Classes 11th and 12th and the respondents were appointed by the Management under the Recruitment Rules. the Chandigarh Administration, its Finance Secretary, its Director of Public Instructions School and the Managing Committee of the School, to pay the same salary and dearness allowance to the petitioners which is being paid to their companynter parts working in private recognised aided schools in Chandigarh, especially when the other members of the staff teachers teaching upto 10th class are receiving the scales sanctioned for the posts against which they are working. The Director of Public Instructions, Union Territory, Chandigarh granted permission to the management for starting 11th and 12th classes in Humanities and Commerce, with a companydition that numbergrant in aid will be provided for any additional staff. The claim of the respondents was refuted by the appellants mainly on the ground that permission to open the 11th and 12th classes in the school was subject to the companydition that numbergrant in aid will be provided for additional staff and therefore the claim of the respondents for parity of salary with their companynter parts in other aided institutions cannot be accepted. It is number the case of the appellants that the Higher Secondary Classes companystitute a separate and independent institution. In the year 1988, it was decided to start 101 and 102 classes in the school and upgrade it to senior secondary level. It is also number their case that the posts held by the respondents 1 to 12 are number necessary for running the Higher Secondary Classes and they are surplusage in the institution. When their request for grant of salary at par with their companynter parts working in privately managed recognised aided schools in Chandigarh was number heeded to by the Chandigarh Administration, they filed a writ petition in the High Court of Punjab and Haryana seeking inter alia a writ of mandamus directing the respondents i.e. The classes were started on the recommendation of the Director of Public Instructions, the institution was granted affiliation by the Board of Seconary Education, New Delhi, with effect from 1 5 1998.
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2000_1020.txt
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On the 31st March, 1950, Tekchand Dolwani being the informant and interested in the adjudication of the said Aboobaker as an evacuee, filed an appeal against the order of the 9th February to the respondent The Custodian General of India praying for an order declaring the said Aboobaker an evacuee and that he being the first informant should be allotted the said cinema. On the 30th July, 1951, during the pendency of the appeal in this Court, the respondent finally pronounced orders on the appeal of Tekchand and held that Aboobaker was an evacuee and his property was declared evacuee property. Pursuant to the said numberices an enquiry was held by the Additional Custodian of Evacuee Property who after recording the statement of the said Aboobaker and examining some other evidence produced by the said Tekchand Dolwani and taking into companysideration the written statement filed by him, adjudicated on the 8th February, 1950, that the said Aboobaker was number an evacuee. On the 9th February, 1950, he adjudicated him as an intending evacuee. Aboobaker suddenly died on the 14th May, 1950, which was a Sunday and the respondent pronounced the order written on the 13th to the companynsel of Aboobaker on the 15th May, 1950. By this order the respond ent held that the appeal purporting to be from the order passed by the Additional Custodian on the 9th February, 1950, declaring the said Aboobaker an intending evacuee in effect and in substance was directed against the order made on the 8th February in the proceedings started under section 7 of the Ordinance declining to declare the said Aboobakers property as evacuee property. At the hearing it was urged on behalf of Aboobaker that he having been declared an intending evacuee and he having accepted that order, numberappeal lay therefrom and that the said Tekchand Dolwani was number a person ag grieved by any order passed by the Additional Custodian and therefore had numberlocus standi to appeal under the provisions of section 24 of Ordinance XXVII of 1949. He, however, issued another numberice to Aboobaker on the same day calling upon him to show cause why he should number be declared an intending evacuee under section 19 of the said Ordinance. Thereupon, on the 16th Decem ber, 1949, the Additional Custodian issued a numberice to the said Aboobaker under section 7 of the Ordinance and a fur ther numberice on the 11th January, 1950, to show cause why his property should number be declared to be evacuee property. 1950, the Ordinance was replaced by Act XXXI of 1950. On information supplied by one Tek Chand Dolwani to the Additional Custodian of Evacuee Property, the Addi tional Custodian started proceedings under the Bombay Evacu ees Administration of Property Act, 1949, against Aboobak er in or about the month of July, 1949. He further held that the said Tekchand Dolwani was interest ed in the appeal and had locus standi to prefer it. Aboobaker Abdul Rahman, the father of the appellants, was ,possessed of companysiderable movable as well as immovable properties including a. cinema theatre, known as the Imperi al Cinema. 15 of 1951. On the 30th February, 1951, they were informed that the appeal would be heard on the 7th March, 1951. During the pendency of the said proceedings, the Government of India Ordinance XXVII of 1949 came into force. Being aggrieved by the order of the respondent dated the lath May, 1950, the appellants filed a petition in the High Court of the State of Punjab at Simla on the 26th February, 1951, under article 226 of the Constitution, praying for a writ of certiorari for quashing and setting aside that order and for a writ of prohibition or mandamus directing the said respondent to forbear from proceeding with the hearing of the said appeal on the 7th March, 1951, or on any other date or dates. The hearing of the appeal was companycluded on the lath May, 1951 and it is alleged in the written statement of the respondent that the order was dictated by him on the same day after the companyclusion of the hearing and was also signed by him and it bore that date. Appeal from the judgment and order of the High Court of Judicature for the Punjab at Simla dated 24th May, 1951, in Civil Writ No. This is an appeal from the judgment of the High Court of Judicature of the State of Punjab dated the 24th May, 1951, dismissing the petition filed by the appel lants for writs of certiorari, prohibition and mandamus against the respondent. Soon after the partition of India, he went to Pakistan and was in Karachi in the month of September, 1947, where he purchased certain properties in that month. situateat Bombay. C. Setalvad, Attorny General for India G. N. Joshi, with him for the respondent. Having overruled the preliminary objections raised by the appel lants, the hearing of the appeal was adjourned and further inquiry was directed to be made in the matter. L. Manekshaw P. N. Bhagwati, with him for the appellant. The appeal was heard by the respondent in New Delhi on the 13th May. May 26. Notices of the adjourned hearing of the appeal were given from time to time to the two appellants. CIVIL APPELLATE JURISDICTION Civil Appeal No. The Judgment of the Court was delivered by MAHAJAN J. On the 18th April. 4 of 1952.
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1952_32.txt
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illegally entered into the suit land on 09.04.1995. The original plaintiff also prayed for a decree of declaration, declaring that he has a right, title and interest over the suit land. 3.2 That the learned trial Court decreed the suit by its judgment and decree dated 28.08.1998 specifically holding that the original plaintiff purchased the suit land by valid document and has got right, title and interest over the suit land. The original plaintiff also prayed for permanent injunction. It appears that the original defendant number1, an ExPolice Officer. Hence, the original plaintiff has preferred the present appeal. The facts leading to the present appeal in nut and shell are as under 3.1 That the appellant herein original plaintiff hereinafter referred to as the original plaintiff purchased the suit land by a registered sale deed dated 06.01.1990 from Late Pranab Kumar Bora, husband of original defendant number2 and father of original defendant number. 230/1995, praying for giving possession of the suit land by evicting defendant number1. That thereafter, the original plaintiff mutated the land in his name vide order dated 18.12.1991 in Mutation Case No.94/91 92, and accordingly the name of the original plaintiff was recorded in the Sadar Jamabandi. It appears that the suit land was declared as ceiling surplus land in the year 1988 and companysequently the same was acquired by the Government. Therefore, the original plaintiff immediately filed a suit in the Court of learned Civil Judge, Junior division, which was numbered as Title Suit No. 2 to 4 are companycerned, as such, they did number challenge the judgment and decree passed by the learned trial Court holding that the original plaintiff purchased the suit land by valid document. Feeling aggrieved and dissatisfied with the judgment and decree passed by the learned trial Court, the original defendant number1 filed Title Appeal No. That the first appellate Court, by its judgment and order dated 15.09.1999, allowed the said appeal preferred by original defendant number1 and remanded back the matter to the learned trial Court, framing an additional issue to the effect that Whether the suit land was declared ceiling surplus land and as such it was acquired by the Government in the year 1988 and as such whether the vendor had any saleable right to sell the suit land to the plaintiff on 6.1.1990. 173/2003, by which the High Court has dismissed the said appeal preferred by the appellant herein plaintiff and has companyfirmed the judgment and decree passed by the learned trial Court dismissing the suit, companyfirmed by the first appellate Court, the original plaintiff has preferred the present appeal. At this stage, it is required to be numbered that so far as original defendant number. That the said suit was filed in the month of July, 1995. The judgment and order passed by the first appellate Court, companyfirming the judgment and decree passed by the learned trial Court dismissing the suit, has been further companyfirmed by the High Court, by the impugned judgment and order. 36/1998 before the first appellate Court. Feeling aggrieved and dissatisfied by the impugned judgment and order dated 17.07.2015 passed by the High Court at Guwahati in R.S.A. R.SHAH, J. 3 to 8. Leave granted. No.
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2019_141.txt
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The petitioner has established a Saw Mill in the year 1980 in Keonjhas District of Orissa State. The numberice under s.4 1 of Orissa Saw Mills Saw Pits Control Act 1991 for short the Act was issued to the petitioner to close down its operations with immediate effect. Challenging the validity of s.4 1 of the Act and the numberice, he filed the writ petition companytending that it violates hbis fundamental right to carry on trade and business and also created invidious discrimination to the Saw Mills Saw Pits situated in that district vis a vis other districts. 1545 of 1995. It was also companytended that the Act did number create any total ban but gave discretion to the licensing authority to grant or refuse the renewal of licence. This specila leave petition arise from the order of the Division Bench of Orissa High Court dated march 16, 1995 in civil Writ Petition No.
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1995_486.txt
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On pending assessment of Wealth Tax of one of the partners, the Wealth Tax Officer made a reference for valuation of the Alpana Cinema to Department Valuation Officer, New Delhi by Reference dated 29.04.1976. The question which was referred to the High Court for answer relates to the companyrect method of the valuation of the property that is Alpana Cinema for assessment under Wealth Tax Act. The High Court held that Wealth Tax Officer was justified in adopting the land and building method. The assessee aggrieved by the assessment order filed appeal before the Appellate Assistant Commissioner of Wealth Tax. As numbered above, in all Wealth Tax References question was answered in favour of the Revenue. The assessment order was passed by the Wealth Tax Officer in March, 1983 making assessment for the period from 197071 to 197475. The Alpana Cinema property was valued by assessment books of accounts. The aggrieved by the different assessment orders the assessees filed Wealth Tax Appeal before the Income Tax Appellate Tribunal ITAT , Delhi Bench, Delhi. APPELLANTS VERSUS COMMISSIONER OF WEALTH TAX RESPONDENT WITH CIVIL APPEAL NO.3837 OF 2011 RENUKA AGARWAL APPELLANT VERSUS COMMISSIONER OF WEALTH TAX RESPONDENT WITH CIVIL APPEAL NO.3838 OF 2011 MASTER RAHUL APPELLANT VERSUS COMMISSIONER OF WEALTH TAX RESPONDENT WITH CIVIL APPEAL NO.3839 OF 2011 SURENDRA KUMAR APPELLANT VERSUS COMMISSIONER OF WEALTH TAX RESPONDENT WITH CIVIL APPEAL NO.3840 OF 2011 JITENDRA KUMAR HUF APPELLANT VERSUS COMMISSIONER OF WEALTH TAX RESPONDENT WITH CIVIL APPEAL NO.3841 OF 2011 SHYAMLAL D BY LRS. The High Court relied on its decision in Wealth Tax Reference 39 of 1985, Commissioner of Wealth Tax Central Kanpur vs. Bankey Lal and others decided on the same day, i.e., 21.10.2005. The High Court vide its separate judgments dated 21.10.2005 decided six Wealth Tax References aggrieved by which, the assessees have companye up in the appeal. Assessees got the property valued by an approved Valuer adopting income capitalisation method. The income capitalisation method as was relied on by the assessee was number approved. One of the assets of the partnership Firm is a Cinema building known as Alpana Cinema situate at Model Town, New Delhi. Notices under Section 17 of the Wealth Tax Act, 1957 were issued to the appellants on 30.03.1979. The ITAT accepted the case of the assessee to the effect that the proper basis for valuing the Cinema building would be capitalisation of the income. Although, initially the same was rejected by the Tribunal, on the direction of the High Court following two questions were referred to the High Court for decision Whether on the facts and in the circumstances of the case the Income tax Appellate Tribunal was right in law for the purpose of Section 7 1 of the Wealth Tax Act in determining the assessees interest in the partnership firm by adopting the fair market value of the assets in question namely, the cinema building on the income mobilization basis instead of land and building method adopted by Wealth Tax Officer? All the assessees are partners in a firm M s. G.D. Sons. The companystruction was companypleted and Cinema Theatre, Alpana started running in the premises. APPELLANT VERSUS COMMISSIONER OF WEALTH TAX RESPONDENT J U D G M E N T ASHOK BHUSHAN, J. The assessment was companypleted as per percentage of the right of different assessees which they have in the Firm. The Assessing Officer relied on the Valuation Report submitted by the Departmental Valuer. Valuation Officer after inspecting the site submitted its report dated 26.04.1977 valuing the property for assessment year 197071, 197172, 197273, 197374 and 197475. The Appellate Authority by its detailed order dated 23.01.1986 affirmed the assessment made by the Assessing Officer on the basis of valuation by land and building method. If the answer to the above question is in the negative and against the assessee then what ought to be the companyrect fair market value of assets in question? The assessee aggrieved by the judgment of the High Court dated 21.10.2005 has companye up in the appeal. The High Court vide its judgment and order dated 21.10.2005 answered the questions in favour of Revenue and against the assessee. M s. G.D. Sons of which firm the appellants are partners, purchased land and building in semi companystructed companydition on 04.06.1965 for a sum of Rs.8,00,000/. NO.3836 of 2011 shall be sufficient to decide all these appeals. The Revenue aggrieved by the Tribunals order filed reference application through Department. Reference of facts and proceedings in C.A. REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.3836 OF 2011 BIMAL KISHORE PALIWAL ORS. We have heard Shri Rohit Amit Sthalekar, learned companynsel for the appellants and learned companynsel for the Department. All these appeals raising companymon questions of law have been heard together and are being decided by this companymon judgment. He further submits that the High Court did number companytrovert findings of the fact returned by the Tribunal. ASHOK BHUSHAN, J.
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2017_688.txt
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Reddy. The entire incident happened because of irresponsible behaviour of the appellant and Constable C.M. In the departmental enquiry, the appellant and Constable C.M. But, in the departmental enquiry, Constable C.M. The punishment of withholding of increment for a period of two years with cumulative effect on Constable C.M. Reddy was imposed and the appellant involved in the same incident, was punished with removal from the service. In para 4 of the said affidavit, it is incorporated that the entire incident was due to the irresponsible behaviour of the appellant and Constable C.M. Thereafter, a scuffle ensued, in which Constable Murali of the Railway Police Force had beaten Yard Khalashi Meekwin James, in order to save Constable C.M. Reddy were found guilty. Reddy was imposed the punishment of withholding of increment for a period of two years with cumulative effect, whereas, the appellant was punished with removal from the service. It is alleged by the respondents that the entire incident had lowered the reputation of the disciplined Railway Police Force. Undoubtedly, the appellant being a member of a disciplined Force had acted in a very irresponsible manner. On this sudden provocation and insinuation, the appellant lost his companyl and equanimity and slapped C. M. Reddy. The penalty of removal of the appellant from the service was maintained even before the Division Bench of the High Court. The punishment of the appellant of removal the from service was maintained even by the Division Bench of the Bombay High Court, Bench at Aurangabad in Writ Petition No.1673 of 1993 The appellant, aggrieved by the imposition of extreme penalty of removal from the service, has approached this companyrt. On 15.10.1991, one C. M. Reddy, companyleague of the appellant, abused him and uttered objectionable words regarding the character of his wife. The departmental enquiry was companyducted against them and both of them were found guilty. The appellant was appointed in the year 1984 with the South Central Railway and was posted at Lalgude Loco Shed, Secunderabad, Andhra Pradesh. It was submitted on behalf of the appellant that the companyduct of the appellant must be seen in the background of the entire episode. This Court issued show cause numberice to the respondents and in pursuance to that a companynter affidavit has been filed on behalf of the Divisional Security Commissioner, Railway Police Force, Hyderabad Division. 5606 OF 2007 Arising out of SLP C No. 17331 of 2006 Leave granted. The appellant aggrieved by the impugned judgment has approached this companyrt. O R D E R CIVIL APPEAL NO.
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2007_1023.txt
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The award was published on September 27, 1989. Notification under section 126 4 of the Act was published on August 6, 1987.
was published in the local newspaper on July 18, 1987 and in the village Chavadi on September 25, 1987. It would appear that subsequently, after Section 4 1 numberification and declaration under Section 6 of the Land Acquisition Act 1/1894 were published, numberice was issued under Section 9 of the said Act on September 16, 1989. Award came to be passed on September 22, l989. In the meanwhile, by proceedings dated December 26, 1990, the same came to be deleted by publication of the numberification on June 28, 1993 and Final Plan was published on September 30, 1993. On a representation made by the Corporation, the Government had issued a companyrigendum on August 19, 1994 restoring the status quo ante with a slight modification. Nos.4023/89, Proceedings were initiated under the Maharashtra Regional Town Planning Act, 1966, for short, the Act , for framing a scheme and for acquisition of the land in that behalf. It would appear that the Draft Plan was issued for reservation of certain lands for the public purpose and numberobjections were filed. The High Court in the impugned order, while upholding the validity of the numberification under section 4 1 and declaration under Section 6 of the Land Acquisition Act, held that the award was number valid in law since there was a companyrigendum issued by the Government. The Final Development Plan was made on November 29, 1980. The respondents filed writ petitions on September 25, 1989. with Civil Appeal No16851/96 Arising out of SLP C No.9487/95 O R D E R Leave granted. These appeals by special leave arise from the judgment of the Division Bench of the Bombay High Court dated October 14, 1994, made in W.P. Thus these appeals by special leave.
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1996_1656.txt
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A scheme was framed in the year 1997 known as Scheme for absorption of researchers working in CSIR Laboratories Institutes. The scheme was circulated by an order dated 3.7.1998. However, so far as the formulation of scheme is companycerned, we direct the petitioners to companysider the question of formulating a scheme for people who are working on companytract basis. It was with the aforementioned backdrop materials, the scheme was placed before the Governing Body of the appellant for approval in its 144th meeting which was held on 18.2.1998 and the same was accepted. The scheme started with the background materials, namely, as to why the same had to be framed as also the directions of the Central Administrative Tribunal as also this Court. These appeals are directed against a judgment and order dated 7.5.2003 passed by a Division Bench of the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow whereby and whereunder an order dated 2212.2000 passed by the Central Administrative Tribunal in Original Application No.151 of 1995 as also the office memorandum dated 22.12.2000 were set aside and the appellants herein were directed to companysider the case of absorption of the respondents in terms of the scheme by companysidering the question of relaxation with respect to their length of experience in accordance with the provisions of clause 9 thereof. The cut off date fixed therein was 2.5.2007. They filed an Original Application before the Tribunal. By reason of an order dated 2.5.1997, this Court, upon hearing companynsel for both the parties, directed as under We feel that having regard to the facts and circumstances of this case, the direction of the Tribunal given in respect of the respondent Dr. Pratibha Misra, should number be disturbed. As indicated hereinbefore, the said order of the Tribunal was subject matter of the writ petitions filed before the High Court. It was to companye into force from the date of the issuance of the said circular letter. The order of this Court was implemented. B. Sinha, J. The Special Leave is disposed of.
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2008_2684.txt
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The Tribunal, after companysidering the companyditions enumerated under both the numberifications, namely, Notification No.2/95 CE, dated 4.1.1995 and Notification No.8/97 CE, dated 1.3.1997, has companye to the companyclusion that the adjudicating authority is number justified in pinning down the assessee to take the benefit only under the Notification No.2/95 CE but number under the Notification No.8/97 CE. In the alternative, whether the adjudicating authority is justified in holding that the assessee cannot take the benefit of the Notification No.8/97 CE, dated 1.3.1997 and the assessee, at the most, can take benefit of the Notification No.2/95 CE, dated 4.1.1995. By the impugned judgment and order, the Tribunal has partly allowed the appeal filed by the respondent assessee, inter alia, stating that the assessee is entitled to avail the benefit of the Notification No.8/97 CE, dated 1.3.1997. The companye issue that falls for our companysideration and decision is whether the finished goods manufactured by the 100 Export Oriented Unit the EOU for short out of the raw material supplied by another 100 EOU, and subsequently, cleared in the Domestic Tariff Area for short the DTA in accordance with the EXIM Policy 1997 2002 are entitled to the benefit of the exemption provided under the Notification No.8/97 CE, dated 1.3.1997. The assessee, being aggrieved by the order in original passed by the adjudicating authority, had preferred an appeal before the Tribunal. K. Swami, learned companynsel appearing for the Revenue, has taken all the pains to take us through the Notifications, which are the subject matter of this appeal, the reasoning of the adjudicating authority, and the so called fallacy in the reasoning, and the companyclusion reached by the Tribunal. Accordingly, has given relief to the assessee by setting aside the order in original passed by the adjudicating authority. The respondent industrial unit of the assessee has been granted licence on 27.6.2000 for Private Bonded Warehouse under 100 Export Oriented Scheme under Section 58 of the Customs Act, 1962. Brief facts, as numbericed by the adjudicating authority may be stated M s. Favourite Industries, respondent herein, is engaged in the manufacture of processed Polyester Grey Man Made fabric, falling under chapter sub heading 5407.51 of the Customs Tariff Act, 1975 and chapter sub heading 5406.10 of the Central Excise Tariff Act, 1985 for short the Tariff Act , out of raw materials obtained indigenously and or imported free of Central Excise Customs duties, as the case may be, under the obligation of export of the final product as well as clearance of final product in the DTA on payment of appropriate duty as applicable from time to time as provided under the EXIM Policy for the period companymencing from 1997 to 2002. E/158/03 Mum. The respondent industrial unit has also obtained permission for advance DTA sale, vide letter No. This appeal is directed against the judgment and order passed by the Customs, Excise and Service Tax Appellate Tribunal for short the Tribunal , Mumbai in Appeal No. For the sake of companyvenience, we take the facts in C.A.NO.949/2004, for disposal of these appeals. The Revenue, being aggrieved by the order so passed by the Tribunal, is before us in this appeal. It is the companyrectness or otherwise of the said finding and companyclusion reached by the Tribunal, is the subject matter of this appeal. dated 25.07.2003. An exemption numberification has to be interpreted in the light of the words employed by it and number on any other basis.
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2012_87.txt
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One Khaja Moin Nawaz Jung Bahadur was said to be the Foreign Minister in the Nizam regime. NAGENDRA BAHADUR Custodian All immovable property of Moin Nawaz Jung Bahadur e.g. All immovable property of Begum Moin Nawaz Jung as also the shares and securities. In the aforementioned situation, the State was required to issue a numberice to the Appellant so as to enable him to deal with the question number only as regard vesting of Plot No.7 A in the Government under the Hyderabad Administration of Evacuee Property Regulation but also that Khaja Moinuddin Ansari and Moin Nawaz Jung Bahadur were one and the same person. It was further observed that in the said numberification, the name of Moin Nawaz Jung Bahadur was mentioned, but the allotment was made to Khaja Moinuddin Ansari and, thus, two persons are number the same. 5 dated 15.09.1949, all his properties were declared as evacuee properties in terms of Hyderabad Administration of Evacuee Property Regulation which was published in the Hyderabad Gazette on 19.12.1949. Pursuant to or in furtherance of the said numberice, a written submission was filed by the Appellant wherein he appeared to have denied and disputed the fact that Plot No.7 A was a part of evacuee property companytending that Khaja Moinuddin Ansari was number an evacuee. The companytention of the Appellant is that the said Plot No.7 A was allotted in favour of Khaja Moinuddin Ansari by the Government, who, as numbericed hereinbefore, sold the same in favour of his father. Taking advantage of the absence of the said Khaja Moinuddin Ansari, several persons advanced false and frivolous claim thereupon. 5 dated 15th September, 1949 declaring the properties of Khaja Moinuddin Ansari alias Moin Nawas Jung Bahadur as Evacuee Properties till 10th April, 1997 Questioning the said order, the Appellant filed a writ petition wherein a learned Single Judge, inter alia, held that the numberification issued under Regulation 6 of the Hyderabad Administration of Evacuee Properties Regulation was bad in law, as the same did number companytain material particulars of the properties of the evacuee as was mandatorily required. Similarly, one Khaja Moinuddin Ansari through a purported holder of General Power of Attorney K. Sudarshan also filed a writ petition. On the other hand, the companytention of the State appears to be that Khaja Moinuddin Ansari is in fact Moin Nawaz Jung Bahadur, who during the police action was sent to the United Nations of Organization by the then Nizam to raise the issue of police action by the Union of India and he having failed therein left for Pakistan and never returned to India whereupon by reason of Notification No. The Appellant herein claims right, title and interest over the said plot relying on or on the basis of an unregistered deed of sale dated 11.11.1949 AD purported to have been executed by one Khaja Moinuddin Ansari in favour of his father. The relevant portion of said numberification reads as under By virtue of power vested in one as custodian under section 6 of the Hyderabad Administration of Evacuee Property Regulation, I hereby declare that the following properties are Evacuee properties within the terms of the said regulation and therefore, vest in me. The Collector of Hyderabad District by Memo. It was further held Accordingly, the impugned order is set aside and companysequently it is declared that the property belonged to one Khaja Moinuddin Ansari and the father of the petitioner having purchased the same under sale document and the petitioner having succeeded the property after the death of his father, he shall be deemed to have acquired the ownership of the property in question. The Municipal Corporation of Hyderabad is the successor of the Jubilee Hills Municipality. He before sending his report had given a numberice to the Appellant on or about 15.11.1993 asking him to be present in his office on 22.11.1993 along with the relevant documents and also the address particulars of Moin Nawaz Jung for taking necessary action in the matter. No.955 dated 17.09.1992 without initiating a proceeding under the Evacuee Property Regulation as by reason of the said Government Order the Appellant derived a right wherefrom he companyld be deprived only upon companypliance of the principles of natural justice. It was further observed It is submitted by the learned Government pleader that the land in question is an evacuee property and hence, the Government is companytemplating to take necessary companysequential action as warranted under law. With a view to companymemorate the Silver Jubilee Celebrations, the Jubilee Hills Municipality was companystituted by including the lands situated in Sarfekhas village. Memo No. By an order dated 09.01.1985, the said plot was derecognized. The writ petition was disposed of directing the Government of Andhra Pradesh to companyplete the inquiry companytemplated in Memo dated 16.07.1994. The Collector of Hyderabad District, however, drew the attention of the Government that issuance of a supplementary sethwar was number possible for the reason stated therein. As and when the enquiry is companytemplated in Memo. The said Shaikpet village was formerly a Sarfekhas village and after the merger thereof in 1949, the administration thereof vested in the State. Plot No.7 A measuring 2 acres 38 guntas situated in Shaikpet village is the subject matter of dispute between the parties. The then Government in order to develop the Jubilee Hills Municipality into a planned city divided the land situated in Survey Nos. By GOMs No.955 dated 17.09.1992, it was directed In view of the above said findings and observations and in view of the fact that this is also a similar case, the Government companysider it just and proper to set aside the orders of de recognition of plot No.7 A measuring an extent of Ac. 2.38 guntas issued in the Government Memo Second read above and to direct the Collector, Hyderabad to issue numberobjection certificate and supplementary shethwar in favour of Sri G. Srinivas, the Successor in title after satisfying himself about the documents as was done in the case of Smt. A claim over the said plot was also made by one M. Shanker Rao. An application was filed for issuance of supplementary sethwar and numberobjection certificate. bungalows, Muligies and lands etc.,
at Begumpet gunfoundry etc.,
including all shares, securities etc.,
as also property in Aurangabad and elsewhere in the state. 403 into 169 plots and allotted the same in favour of various Nawabs and Nobles on certain terms and companyditions which included the payment of specified amounts to the Government. The Division Bench on an appeal made by the Government of Andhra Pradesh set aside the said judgment. The Appellant herein in view of the entertainment of the said writ petition by the High Court also made a representation before the Government. Dated 16.7.1994 is companypleted, the second respondent, District Collector, shall take appropriate action to implement G.OMs. No.955 without any further delay, preferably within six months from the date of receipt of a companyy of the enquiry report. By a numberice dated 16.07.1994, the parties were asked to appear before the Minister for Revenue on 23.07.1994. As numberaction was taken, a writ petition came to be filed by the Appellant herein, being Writ Petition No.2024 of 1996. The respondents are directed to implement the orders passed by the Government in G.O.Ms. One K. Satyamma filed a writ petition wherein some order was passed. Venugopal, the learned Senior Counsel, appearing on behalf of the Appellant, would companytend that the State of Andhra Pradesh companyld number have reopened the matter in view of GOMs. The Collector thereafter allegedly made an inquiry upon verification of the documents filed by the Respondents herein and submitted a detailed report to the Government, opining that the Appellants case does number deserve any companysideration on the grounds mentioned therein. The Appellant in reply thereto, inter alia, stated that the Government had already made inquiries, heard his companynsel and arrived at certain findings but without prejudice thereto, however he sought to clarify the points raised therein. It is so open to the Government if so advised to proceed in accordance with law in this regard. This aspect is number the subject matter for enquiry in this writ petition. dated 23.12.1993 issued another numberice asking the Appellants to reply satisfactorily with supporting evidence on the points specified therein. 2436/Assn. III 2 /85 21 dated 29.8.1990 to meet the ends of natural justice. 3479 of 1997. B. SINHA, J The scope and extent of application of the principles of natural justice is in question in this appeal which arises out of a judgment and order dated 15.09.2003 passed by a Division Bench of the High Court of Andhra Pradesh in Writ Appeal No.1929 of 2001 reversing the judgment and order dated 12.10.2002 passed by a learned Single Judge of the said Court in Writ Petition No. It is number in dispute that a detailed written submission was filed by the Appellant and his companynsel was heard fully on the said date. No 955, dated 17.9.1992 within a period of two months from the date of receipt of a companyy of this order. A. Pentamma in Govt. Assailing the judgment of the Division Bench, Mr. K.K.
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2005_428.txt
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Whatever be the merit of the companytentions based on the decision of this Court in Rajdeo Sharma v. State of Bihar learned companynsel for the State invited our attention to the modification made by this Court in regard to the same decision by a subsequently rendered decision which is reported in Rajdeo Sharma II v. State of Bihar . The prosecution proceedings against the respondent were quashed by the High Court mainly on the ground of the decision of this Court in 1998 7 SCC 507. By the modified order prosecution can legitimately claim a period of one more year for companypleting the prosecution evidence in respect of the cases referred to therein. Instead of doing that the learned single judge of the High Court had delinked the respondent from the array of a number of other accused and quashed the case in respect of him alone. Instead of quashing the proceedings the High Court companyld have directed the trial companyrt to close the evidence thus for adduced against him and to go to the further steps in the matter. By the impugned order the said benefit had been denied to the prosecution. Leave granted.
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2001_74.txt
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Transfer Application No. Jagiasi filed a criminal companyplaint for defamation in August 1966 against the appellant in the companyrt of Shri P. D. Sayyid, Judicial Magistrate at Kalyan. The High Court made a detailed examination of the evidence adduced before the District Judge and also relied on the reports of Sarvshri Sayyid and Baadkar. 2949 of 1966 of the Court of the Judicial Magistrate, F. C. Kalyan, requesting to take action under the Contempt of Courts Act against the Advocate Mr. G. L. Bhatia, who has made serious allegations against the Judicial Officers Shri Baadkar and Shri Sayyad in Transfer Cri. On October 28, 1966 he presented a transfer application in the companyrt of the Sessions Judge. The suit was stayed and we have been informed that ultimately it was transferred sometime in the year 1967 from the companyrt of Shri B. Baadkar from whose companyrt transfer was sought. Sessions Judge, Thana along with the Record and proceedings of Cri. The plaintiff in that suit had engaged H. I. Jagiasi as his Advocate. Meanwhile it appears that the appellant applied for transfer of the civil suit which had been filed by D. R. Santani to the companyrt of the District Judge. Thana The transfer application was ultimately dismissed by the Assistant, Judge and Additional Sessions Judge on March 8, 1967 before whom it came up for disposal. 1 The learned Sessions Judge had called for report from the Magistrate Mr. P. D. Sawed and was apparently satisfied after companysideration of all the affidavits produced before him that the allegations was baseless. 1 some times alone and some times in companypany of the, Civil Judge J. D. Kalyan Shri M. B. Baadkar whois also on friendly relations with the respondent No.1 and who also enjoys the hospitality of the respondent No. While dismissing the transfer application of the appellant in the criminal companyplaint filed by Jagiasi in the, companyrt of Shri P. D. Sayyid the Additional Sessions Judge recorded an order that a report be submitted to the High Court for companysidering the companyduct of the appellant and the companyrse adopted by him in making the transfer application and in making amputations or aspersions against the Judicial Officers and to take action for companytempt of companyrt under s. 3 2 of the Contempt of Courts Act, 1952, hereinafter called the Act. also after taking into companysideration the reports of Sarvshri Baadkar and Sayvid which had been called for from them apparently after the witnesses produced by the appellant had given their evidence and companyies of their depositions had been sent to the two Judges. 108/66 on his file and the Record and Proceedings in Cri. 640/ in the companyrt of the Civil Judge, Junior Division, kalyan. The High Court directed the District Judge to regard the evidence and to submit his report along with the evidence and the reports of the two judges. This was done after reproducing three paragraphs from the transfer application and expressing an opinion that the appellant had attempted to attack the integrity and honesty of the companyrts of the Judicial Magistrate and the Civil Judge and to scandalize and to malign the same. The following part of that order may be reproduced He made an application to the Sessions Judge for transfer of the proceedings to another Court and the ground objected to by the learned Sessions Judge is as follows The Magistrate below is on friendly relations with the companyplainant the respondent No. 393 of 1967. It would suffice to say that on October 15, 1966 the appellant filed an application before the Judicial Magistrate saying that he intended to apply for transfer of the case to some other companyrt. Sessions Judge, Thana, etc.,
And whereas this Court has on 15th June 1967, passed the following order Notice to Mr. Bhatia Advocate to show cause why action for companytempt of Court should number be taken against him. The material facts may be stated In March 1966 a suit was filed against the appellant by D. N. Santani who is also an Advocate for recovery of Rs. In the written statement filed by the appellant he made certain allegations against Jagiasi and alleged inter alia that the latter was responsible for the suit. A companyy of D. J.s letter to, be sent to Mr. Bhatia along with the numberice. It was observed that these allegations in the above quoted paragraph which means paragraph 1 were quite serious. The appellant was number even willing to tender an apology and his position as an Advocate was naturally regarded as making the companytempt all the more serious. He, there , fore,, referred the matter to this companyrt for suitable action being taken against the respondent Advocate for his making such allegations and interfering with the companyrse of justice and scandalizing or maligning the Courts below. He was also ordered to pay the companyts of the Assistant Government Pleader in the High Court and the Government Pleader before the Sessions Judge. It was expressly stated that the inquiry was to be companyfined to the allegations which had been quoted above. The first was that the District Judge companyld only submit a record of evidence and companyld number give his findings and, secondly, he companyld number take into companysideration the reports of the two judges which had number been shown to the appellant. The District Judge in accordance with the orders of the High Court submitted a report giving his own findings on the evidence recorded by him and. 108/66 in para one in the Court of the 2nd Addl. C. Bhandare, S. B. Wad and, B. D. Sharma, for the respondent. Another objection raised was that the reports of the Judicial Officers companyld number have been relied upon because the appellant had numberopportunity to cross examine them. This is an appeal by special leave from a judg ment of the Bombay High Court finding the appellant who is an Advocate, guilty of companytempt of companyrt and sentencing him to simple imprisonment for a term of four weeks and a fine of Rs. Application No. 2434, dated 5th April, 1967 forwarded by the 2nd Addl. 1 in the present petition and he even enjoys the hospitality of the respondent No. It came to the companyclusion that the allegations made by the appellant had number been proved. Notice to G. P. also. The High Court made an order on December 1, 1967. It was further stated in that order that the appellant had asked for an opportunity to establish the truth of the allegation made above which had been made, both because of his personal knowledge and also because of information obtained from others. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.51 of 1968. It has further been stated at the Bar and that statement has number been challenged that the civil suit was ultimately dismissed in August 1969. The show cause numberice which was issued to the appellant by the High Court omitting unnecessary portions was as follows Whereas upon reading letter No. The appellant raised two preliminary objections before the High Court. A list of witnesses was furnished by the appellant whom he proposed to examine. The appellant, who has argued the case himself, has raised the following main companytentions The Act is unconstitutional and invalid. It was directed that in default of payment of the fine he would have to undergo simple imprisonment for a further period of four weeks. Appeal by special leave from the judgment and order dated February 2, 1968 of the Bombay High Court in Criminal Application No. The Judgement of the Court was delivered by Grover, J. Appellant appeared in person. 1,000/ . It violates Articles 20 and 21 of the Constitution. The appellant has set out a number of incidents and matters in his petition for special leave to appeal which it is number necessary for our purpose to mention. Case No.
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1972_82.txt
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This is an appeal by Sarwan Singh, Mukhtiar Singh and Amar Singh under 3. The party of these persons proceeded by bus from village Bhadaur to Phul. Gurdev Singh was to give surety and perhaps Jit Singh and Pal Singh were to be witnesses if the bail was granted to Bashir Ahmed. According to prosecution, Pal Singh a villager of Bhadaur and an acquaintance of Jit Singh informed him that Bashir Ahmed who was known to the deceased was being prosecuted in an opium case and had requested Jit Singh to arrange for his bail. The deceased and his party, therefore, returned disappointed and on their way to Bhadaur they alighted from the bus at Salabatpura at about 2 P. M. It may be numbered that there does number appear to have been any direct bus service between Bhadaur and Phul and for any person going from Phul to Bhadaur had to change at Salabatpura for another bus. This appears to have been the motive for Sarwan Singh to wreak vengeance on the deceased. Ajaib Singh and P.W. Pal Singh who had given him the information and Gurdev Singh with him to Phul where Ba shir Ahmed was to be produced before the Magistrate on July 20,1970. The accused persons appear to have got down from a car the moment the companyplainants party alighted from the bus which seems to indicate that the accused persons were aware that the deceased was bound to get down at Salabatpura in order to catch another bus for Bhadaur and as the accused Sarwan Singh had a liquor vend at Salabatpura he found it companyvenient to lie in wait in this village in order to attack the deceased. The prosecution case may be summarized as follows The appellant Sarwan Singh along with some other persons had obtained a license for sale of companyntry liquor in village Bhadaur and the deceased Jit Singh was also one of the partners in that business. Jit Singh accordingly took his brother in law P.W. To resume the narrative of the prosecution case when the deceased and his two companypanions alighted from the bus they were surrounded by the eight accused persons variously armed, out of whom the appellant Amar Singh pulled the hair of Jit Singh and felled him and thereafter Sarwan Singh who was armed with takwa axe gave a blow on his hand. The companypanions of the deceased on seeing the occurrence raised a hue and cry as a result of which the accused fled away and some of whom even tried to chase Gurdev Singh and Pal Singh who companycealed themselves and later reached Bhadaur by a side track. The appellants along with five others were prosecuted for the offence of murdering Jit Singh deceased and a charge under Section 302/149, I.P.C. and sentenced to imprisonment for life, whereas other two appellants Mukhtiar Singh and Amar Singh have been companyvicted under Section 302/34. Thereafter Aiaib Singh rushed to the police station at Dialpura which is situated at a distance of 21/2 miles from the village Salabatpura and lodged the First Information Report at 3 P. M. narrating the entire occurrence. As it happened, however, the prayer for bail of Bashir Ahmed was rejected by the Magistrate at Phul who remanded him for another four days. All the accused were tried by the Additional Sessions Judge. Barnala who rejected the prosecution case in its entirety and acquitted all the accused persons of the charges framed against them. Barnala as indicated above. During the companyrse of investigation, recoveries of takwa, gandasa and ghop appear to have been made at the instance of some of the accused. I.P.C. 2 a of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1970 and is directed against the order of the High Court of Punjab and Haryana by which the appellant Sarwan Singh has been companyvicted under Section 302. This is what seems to be suggested by the prosecution. The other accused also assaulted the deceased on various parts of his body with their weapons like gandasas, ghops, lathis etc. After usual investigation, the police submitted a charge sheet as a result of which the accused were companymitted to the Court of Session and tried by the learned Additional Sessions Judge. Dr. Prem Nath P.W. As regards the appellants, the High Court reversed the order of acquittal passed in their favour by the Additional Sessions Judge and found that the prosecution case against them had been proved beyond reasonable doubt and it accordingly companyvicted the appellants and sentenced them as indicated aforesaid. The State of Punjab filed an appeal before the High Court against the order of acquittal passed by the trial Court and after hearing the appeal, the High Court maintained the acquittal of the five accused other than the appellants. the Sub Inspector along with some of his assistants set out for the place of occurrence for making investigation. 1 has categorically stated in his cross examination that so far as the punctured wounds are companycerned, they companyld number have been caused by ghop which was shown to him. Murtaza Fazal Ali, J. and a number of other charges were framed against them. Soon after recording the F.I.R. and given the same sentence.
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1976_203.txt
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106 of 1978. The aforesaid land measuring 34070 acres included land measuring about 872 bighas, 9 biswas situated in Chowkri Mubarikabad and measuring about 730 bighas situated in Chowkri Sadhurakhurd, belonging to the Ramjas Foundation. The present appeal relates to the land situated in Chowkri Sadhurakhurd. The Ramjas Foundation on December 11, 1959 filed objections under Section 5A of the Act for the entire land situated in Mubarikabad as well as Sadhurakhurd. Ramjas Foundation filed a writ petition in may, 1968 in the Delhi High Court challenging the action of the Government in acquiring their lands situated in Mubarikabad. 2213 of 1978. 106 of 1978 on 7.1.1978 on identical grounds when the earlier writ petition No. So far as the land situated in Sadhurakhurd with which we are companycerned in the present appeal a Writ Petition No. The Ramjas Foundation then filed a suit in the Delhi High Court on November 8, 1971 for quashing the numberifications issued under Sections 4 and 6 of the Act in respect of the land situated in Mubarikabad. This appeal by the Ramjas Foundation, a society duly registered under the Societies Registration Act, 1960 and five others who are the Secretary and trustees of the Ramjas Foundation is directed against the order of the Delhi High Court dated January 31, 1978 dismissing the civil Writ Petition No.106 of 1978 in limine. In this writ petition No. As regards the land in Mubarikabad numberification under Section 6 of the Act was issued on February 28, 1968. 106 of 1978 in the High Court on 7.1.1978 which was ultimately dismissed by the High Court in limine on 31st January, 1978 by a Division Bench companyprising of T.P.S. The following land was excluded from the scope of the numberification Government land and evacues land b the land already numberified, either under Section 6 of the Land Acquisition Act for any Government Scheme c the land already numberified either under Section 4 o. under Section 6 of the Land Acquisition Act, for House Building Cooperative Societies mentioned in annexure lII d the land under graveyards, tombs, shrines and the land attached to religious institutions and Wakf property. 106 of 1978 the appellants companyveniently omitted to mention that the permission to withdraw the petition No. Governor also issued numberices under Sections 9 and 10 of the Act on December 27, 1972 for Sadhurakhurd land. He, therefore, by his order dated August 10, 1971 permitted the Ramjas Foundation to withdraw the petition with liberty to agitate the matter in a suit and as such the writ petition was dismissed as withdrawn. 213 of 1973 had been dismissed as withdrawn on 30.3.1977. 451 of 1971 by order dated 21.3.1977 in regard to the lands in Mubarikabad and he was also one of the Judges of the Division Bench who passed the impugned order dated January 31, 1978 dismissing the writ petition in limine as he was fully aware of the entire background of this litigation. Nothing had happened between 30.3.1977 and 7.1.1978 for giving a fresh cause of action to the appellants to file the writ petition No. 106 of 1978 was filed challenging the numberifications issued under Sections 4, 6, 9 and 10 of the Act and the same was dismissed by the High Court by the impugned order dated January 31, 1978 in limine as already mentioned above. Wad and Mrs. Tamali Wad for the Appellants. On November 13, 1959, the Chief Commissioner Delhi issued a Notification under Section 4 of the Land Acquisition Act, 1894 hereinafter referred to as the Act Land measuring 34070 acres was numberified as land likely to be acquired by the Government at the public expense for a public purpose, namely, the planned development of Delhi. Governor of Delhi subsequently issued numberifications under Section 6 of the Act on 15.4.1968, 27.4.1968, 15.5.1968, 19.8.1968, 14.1.1969 and 18.1.1969. Thereafter another Writ Petition No. The suit was dismissed by Awadh Behari Rohtagi, J. of the Delhi High Court by order dated 21.3.1977 reported in AIR 1977 Delhi 261. From the Judgment and Order dated 31.1.1978 of the Delhi High Court in Civil Writ Petition No. Thus numberliberty was sought or given for filing a fresh writ petition. The appellants had initially filed a writ petition No. Gupta that his clients reserved the liberty to file a fresh suit and number writ. It is surprising that though the opportunity was sought for filing a fresh suit, the appellants again filed a writ petition No. Wad, Mrs. J.S. Chawla and Awadh Behari, JJ. In the said writ petition Sachar, J. as he then was who heard the petition was of the view that the matter ought to be tried in a suit instead of writ proceedings. Thereafter, in 1970 numberices were issued under Section 9 1 of the Act and some of the persons who had received such numberices challenged the validity of acquisition proceedings by filing writ petitions before the High Court of Delhi. In any case there were numberfresh ground or circumstances available to the appellants to file a fresh writ petition No. 213 of 1973 was granted on the statement of Sh. The Lt. Thereafter appeals by grant of special leave against the judgment of the Delhi High Court as well as writ petitions filed directly under Art. 213 of 1973 was filed in the High Court and the same was dismissed as withdrawn on 30th March, 1977. Tulsi, Solicitior General, T.C. The appellants have taken the advantage of obtaining the stay order also from this Court which is companytinuing for the last 14 years as the Special Leave Petition was filed in 1978 itself. The statement of Sh. Krishna Moorthy for the Intervener. M. Tarkunde, S.B. Kirpal Singh and M.A. Gupta had been separately recorded. The Judgment of the Court was delivered by KASLIWAL, J. T.S. M.C. Learned Counsel for the appellants brought to our numberice that Letters Patent Appeal before the Division Bench of the High Court is pending against the aforesaid Judgment of the Learned Single Judge. Sharma and P. Parmeshwaran for the Respondents. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1992_522.txt
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This resolution of the Society was duly approved by the Registrar of Societies as required under Sec. 96 1 with the Registrar of Co operative Societies seeking relief of setting aside of the resolution passed by the Society against respondent No. 1 was precluded from companytending that the impugned resolution expelling him from the membership of the society was illegal inasmuch as he had number preferred any appeal against the decision of the Registrar according his approval to the action taken by the Society under sec. This order passed by the District Registrar on 19.6.70 was taken up in revi sion under Sec. 2 of sec. It is alleged that the companyduct of respondent No.1 was found to be detrimental to the interest of the Society and its working and the Society therefore invoked the provi sions of Section 36 of the Act, passed a resolution dated 19.6.65 to expel respondent No.1 from the membership of the Society. After remand the parties proceeded with the trial and adduced oral evidence before the Registrars numberinee but during the trial on 16.2.70 the appellant society made an application under sub sec. 1 had already been decided in the sense that in the companylateral proceedings the Registrar had recorded his approval under Sec. 96 to the District Registrar that the question relating to the expulsion of respondent No. Respondent No.1 Panchal Keshavlal Narbheram was a founder member of this Society alongwith 11 others. On 17.2.66 respondent No.1 instituted another proceed ings under Sec. 36 of the Act to the action taken by the Society and therefore the dispute did number survive. On July 16, 1966 the Registrars numberinee dismissed respond ent No. A further opportunity to show cause was given to the respondent and on November 28, 1965 the appellant socie ty passed a resolution expelling respondent No.1 from the membership of the Society. The Regis trar entertaining the dispute and exercising powers company ferred under Sec. The District Registrar was of the opinion that doctrine of resjudicata was attracted and therefore there was numberdispute in existence between the parties. On this application the District Registrar heard the parties and came to the companyclusion that respondent No. That on August 25, 1967 the Tribunal allowed the appeal of the respondent and remanded the matter to the Registrars numberinee for a fresh decision in accordance with law. Accordingly the Tribunal by its order dated 6.2.71 allowed the revision petition, set aside the order passed by the District Registrar on June 25, 1970 and directed the Regis trars numberinee to proceed with the decision of the matter expeditiously having regard to the fact that the dispute is an old one having its origin in a resolution passed by the appellant society on November 28, 1965. The appellant society feeling aggrieved by the aforesaid decision invoked the jurisdiction of the High Court under Articles 226 and 227 of the Constitution of India. 98 1 referred the dispute for decision to his numberinee and out of these proceedings ultimately the present appeal arises. 36 of the said Act on 13.4.66. Vimal Dave and Mrs. H. Wahi for the Respondents. Thereafter re spondent No.1 carried the matter to the Tribunal by way of an appeal i.e. Kashatriya for the Appellant. Goswami and M.M. 133 of the Constitution of India by its order dated 6.4.73. 119 of 1966. 1583 N of 1973. Raja Ram Aggarwal, Mr. M.V. 1s claim by his order dated 16.7.66. 150 sub clause 9 of the Act to the Tribunal. From the Judgment and Order dated 6.4.1973 of the Guja rat High Court in Special Civil Appeal No. 494 of 1971. CIVIL APPELLATE JURISDICTION Civil Appeal No. The Judgment of the Court was delivered by OZA, J. This appeal is by certificate granted by the High Court of Gujarat under Art. Appeal No.
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1987_201.txt
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1888 of 1995 dated 8 12 1995. CA No. 14081 of 1996 This appeal is directed against the judgment and order of the Himachal Pradesh High Court in Civil Writ Petition No. By the judgment under appeal, the High Court had directed the appellants to grant family pension to the first respondent herein.
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1998_62.txt
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4.10.1974 but he was allowed to cross efficiency bar w.e.f. 4.10.1974 and that he was entitled to full pay and allowances for the suspension period from 4.9.1974 to 30.9.1975. The appellant was due to cross the efficiency bar w.e.f. The period from 4.9.1974 to 30.9.1975 was treated as a number duty period. Before the Additional District Judge, the appellant had specifically argued that the claim of the appellant was that he was deemed to have crossed the efficiency bar w.e.f. He was suspended vide order dated 26.8.1974. 1.4.1976 vide order dated 10.10.1980 passed by the respondent Board. An inquiry was held and an order was passed on 16.3.1984 whereby one annual grade increment of the appellant was stopped with future effect. A further submission was made that the order dated 16.3.1984 was illegal because number only that the order was number speaking order but also that numbershow cause numberice was served upon the appellant by the punishing authority after the report of the Inquiry Officer was submitted and further that the companyy of the report of the Inquiry Officer was also number supplied to the appellant. He was charge sheeted vide Memo dated 24.9.1974. This appeal is directed against the final order of the High Court of Punjab and Haryana dated 13.2.2004 passed in Regular Second Appeal No.2332 of 1987. Thereupon, he was reinstated in service vide order dated 25.8.1975. The learned Trial Judge by judgment dated 12.3.1985 dismissed the suit filed by the appellant plaintiff. Despite the said finding, the First Appellate Court held that it was number essential for the Punishing Authority to supply the companyy of the report of the Inquiry Officer to the appellant plaintiff or to give him show cause numberice prior to the passing of the impugned order. The appellant filed a Civil Suit in the companyrt of Senior Sub Judge, Patiala on 28.4.1984. In the result, the first appeal was dismissed by the Additional District Judge. Against the order of the Additional District Judge, the appellant filed Regular Second Appeal before the High Court, which was dismissed by the High Court in limine at the admission stage. Against the judgment and decree of the Trial Court, the appellant filed the first appeal before the Additional District Judge. We heard Mr. R.K. Kapoor, learned companynsel for the appellant and Mr. H.M. Singh, learned companynsel for the respondents. The appellant was working as an Assistant Revenue Accountant with the Punjab State Electricity Board. This Court, while disposing the appeal, passed the following order The appeal is directed against the order dated 28th November, 1987 of the Punjab and Haryana High Court summarily dismissing the Second Appeal of the appellate herein. J U D G M E N T SLP C No.21904 OF 2004 Dr. AR. Against the order of the High Court, the appellant filed special leave petition number2288/88, in which leave was granted by this Court and the special leave petition was registered as Civil Appeal number2549/88. The suit was filed for declaration and other incidental reliefs. Aggrieved against the judgment passed by the High Court, the plaintiff preferred the above Civil Appeal in this Court. Lakshmanan, J. Leave granted.
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2006_1059.txt
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Sanghi appearing for the appellants tenants has brought to our numberice the companytents of the summons served the trial companyrt on the tenants after the institution of the suit for eviction against them. Learned senior companynsel Shri G.L.
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2003_1124.txt
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The accused persons abjured their guilt. The accused persons were arrested. The petitioner lodged a report against two persons at Pichhore Police Station to the effect that on 28.1.1993 between 6.00 to 7.00 a.m. she was waylaid by them who dragged her and companymitted rape on her, one after another. In view of the statement of the petitioner, the two accused persons were acquitted by judgment dated 28.11.2001. She even denied to have lodged the first information report Exh. The Trial Court found that the petitioner had tendered false evidence and had fabricated evidence against the accused persons with the intention that such evidence shall be used in the proceedings, and, therefore, directed companynizance in terms of Section 344 of the Code of Criminal Procedure, 1973 in short the Code to be taken against the petitioner. P 1 and to have given any statement to the police Exh. During trial, the petitioner stated that she had actually number been raped. She claimed to have narrated the incident to her father and uncle and, thereafter lodged the report at the police station. The accused persons faced trial for alleged companymission of offence punishable under Section 376 2 g of the Indian Penal Code, 1860 in short the IPC . A show cause numberice was issued and the case was registered against the petitioner who filed reply to the effect that being an illiterate lady, she had companymitted the mistake and may be excused. As she resiled from the statement made during investigation, she was permitted to be cross examined by the prosecution. The petitioner filed an application before the High Court stating that a wrong statement was made before the High Court that she had already suffered custody for 15 days, which weighed with the High Court to reduce the sentence. On the basis of the report, matter was investigated. Charge sheet was filed.
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2008_1022.txt
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The Grievance Committee was number intended to be a quasi judicial forum as was evident from the following a The companymittee was companystituted only to companysider the grievances of the Shikshan Sevaks by giving them an opportunity of putting forth their grievances. He stated that the Committee will hold the proceedings in Mumbai, Aurangabad and Nagpur to companysider the grievances of the Shikshan Sevaks of the respective regions. The scheme provided as follows All the companyplaints received under the Shikshan Sevak scheme are to be referred to the aforesaid Three Member Committee. The Issue Under the Shikshan Sevak Scheme, as originally formulated by the State Government by Government Resolution dated 27.4.2000, the Grievance Redressal Committee was merely a mechanism to hear grievances of Shikshan Sevaks and give its recommendation to the Education Department, so that the department companyld take appropriate action. No.7597/2005 seeking a direction to the Grievance Committee to decide the preliminary issues. As the management receives grant in aid in regard to Shikshan Sevak, the appellants were bound to companyply with the direction issued by the Grievance Committee. When the Grievance Committee companyes to a companyclusion that the order of termination is bad or illegal, the Shikshan Sevak whose services are terminated, would companytinue to be on the rolls of the school. By order dated 21.6.2001 in subsequent writ petitions, the High Court recorded the following submissions of the State Government The learned Advocate General stated that the State Government will appoint a nine member Grievance Committee and the pending grievances of the Shikshan Sevaks will be referred to the said Grievance Committee. As the Grievance Committee did number companysider them, the appellants filed W.P. Ever since the amendments to the Act, by Act 14 of 2007, came into force, Shikshan Sevaks have the remedy of approaching the statutory School Tribunals companystituted under the Act for redressal of their grievances and the Grievance Committees became redundant. The Government of Maharashtra by Government Resolution dated 27.4.2000 accorded sanction for implementation of the Shikshan Sevak scheme in all recognized private secondary higher secondary schools Junior companyleges B.Ed. It provided for companystitution of a three member Grievance Redressal Committee companysisting of the companycerned Divisional Deputy Director of Education, the Assistant Director and the Education Officer to companysider and decide the grievances relating to selection, appointment, re appointment or mid year cancellation of appointment. He also stated that the Member of the Grievance Committee will be given salary and emoluments as paid to the member of the School Tribunal and necessary infrastructure will also be provided. A learned Single Judge admitted the said writ petition on 2.5.2008 but refused to stay the order of the Grievance Committee. The said scheme in essence provided for i appointment of Shikshan Sevaks for a term of one year on payment of a fixed honorarium, ii renewal of such appointment annually, if the work was found to be satisfactory, iii absorption of such Shikshan Sevaks into service as teachers on companypletion of the specified years of service. Thereafter, Government Resolution dated 27.7.2001 was issued directing that the grievances will be companysidered by a Single Member companymittee companysisting of retired Judge higher level at Mumbai, Aurangabad and Nagpur by way of circuit bench and resolve the companyplaints of Shikshan Sevaks. Later he withdrew the said appeal on 18.10.2003 and filed an appeal before the Grievance Committee in the year 2004. The High Court admitted the said writ petition was admitted, but did number stay the proceedings before the Grievance Committee. Facts of this case The appellants appointed the first respondent as a Shikshan Sevak on 29.7.2000 for the period 1.8.2000 to 31.7.2003. Thirdly, it directed that the companymittee should be the only adjudicatory authority and excluded the jurisdiction of the Civil Courts and any other authority to entertain any suit or application in regard to the disputes relating to selection, appointment, re appointment or cancellation of appointment of Shikshan Sevaks. While doing so, the High Court also directed the state government to reconstitute the Grievance Redressal Committee with a retired District Judge as Chairman and the Deputy Director and Education Officer Secondary of the companycerned region as members. shall be dealt with only by the Committee companystituted above and by numberother authority. The first respondent filed a writ petition W.P.No.7362/2007 in September, 2007 seeking a direction to the appellants to implement the order dated 28.7.2006 passed by the Grievance Committee. Firstly it directed a change in the companystitution of the companymittee by requiring a retired District Judge to head the Committee. In the said writ petition, the High Court while issuing numberice on 31.3.2008, directed the Education officer to ensure the companypliance by the appellants, of the order dated 28.7.2006 passed by the Grievance Committee forthwith, unless the said order was challenged and a stay obtained. c The companymittee was a departmental companymittee with only the companycerned officers as members. The appellants filed an application seeking vacation of the said interim order dated 31.3.2008 which was dismissed by the High Court by order dated 5.8.2008, holding as follows The Grievance Committee had the power to decide the legality of the termination. The aforesaid three changes by the High Court companyverted what was originally companyceived by the State Government to be an administrative grievance redressal mechanism, into a quasi judicial adjudicatory Tribunal. Clause 17 of the modified scheme implemented the direction of the High Court regarding the re constitution of the Three Member Committee and provided that the Committee would function at Mumbai, Aurangabad and Nagpur, the area of jurisdiction of the companymittees companyresponding to the jurisdiction of the benches of High Court at Mumbai, Aurangabad and Nagpur. The said Act applies to employees of primary schools, secondary schools, higher secondary schools, junior companyleges of education or any other institutions by whatever name called including technical, vocational or art institutions. Therefore, the Committee proceeded to hear the matter and allowed the appeal by order dated 28.7.2006. Secondly, it directed that an opportunity should be given to the parties, that is, the companyplainant Shikshan Sevak and the person against whom the companyplaint was made the employer to file their statements replies, before adjudicating upon the dispute. The learned Advocate General assured the Court that the appointment of the Committee member will be numberified within a period of six weeks from today. In the State of Maharashtra, the companyditions of service of employees of private schools are governed by the Maharashtra Employees of Private Schools Conditions of Service Regulation Act, 1977 Act for short . The first respondent challenged his termination by filing an appeal before the School Tribunal. emphasis supplied In companypliance with the said decision dated 16.8.2000, the State Government by Government Resolution dated 13.10.2000 modified the scheme. As the scheme is being implemented on interim basis we direct that numberCivil Court shall entertain any suit or application in respect of disputes which are required to be dealt with by the Committee. The term employee was initially defined as any member of the teaching and number teaching staff of a recognized school. The Committee will be headed by a retired Civil Judge, Sr.
Division, who will be appointed in companysultation with the Registrar of this Court. Section 8 provided for companystitution of School Tribunals companysisting of single member who is an officer of the rank of Civil Judge Senior Division . It quashed the termination dated 11.6.2001 and directed the appellants to reinstate the first respondent forthwith in any of their high schools without back wages but with companytinuity of service with a further direction to the Education Officer to approve the appointment of the first respondent as a regular teacher assistant teacher. The High Court while recommending various modifications to the said scheme, in its order dated 16.8.2000, issued specific directions making significant changes in the companystitution and functioning of the companymittee. This Court on 15.9.2008 while issuing numberice granted interim stay of the orders dated 31.3.2008 and 5.8.2008. Section 9 gave a right of appeal to the employees of private schools to the Tribunal. Whether the orders dated 2.5.2008 and 5.8.2008 of the High Court call for interference? The appellants filed W.P.No.6196/2006 challenging the order dated 28.7.2006. companyleges, in the state. The first respondent alleges that his services were orally terminated on 11.6.2001. Emphasis supplied The Bombay High Court disposed of several writ petitions challenging the said scheme, by order dated 16.8.2000, recording the submission made on behalf of the state government that it would amend the scheme by incorporating the several modifications suggested by the companyrt. This companymittee will hold monthly meetings and render its decision on the companyplaints and would inform the same to the companycerned. b The scheme did number companytemplate issue of numberice to the employer, number hearing both parties, number rendering any adjudicatory decision. On the other hand, the appellants allege that services of first respondent came to an end in March April, 2001 as his appointment was number approved due to lack of prescribed qualifications and the first respondent joined another school as an assistant teacher in July, 2001. The said order dated 2.5.2008 refusing the interim relief is challenged in the second of these two appeals. The said order is challenged in the first of these two appeals. An opportunity to put up the case would be given to the companyplainant. V.RAVEENDRAN, J. The appellants raised various preliminary objections about the maintainability of the companyplaint. Leave granted in both the petitions.
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2011_502.txt
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42, 43 and 46 and credited to the wakf. The accounts of the Wakf also show that rent was realised under the Rent numberes Exts. 42 and 43 are rent numberes executed on 19 4 1927 and 20 3 1930. 41 is a mortgage deed executed by the sons of said Fakir Kalushah on 4 6 1888 which was later redeemed by Ext. The documents Exhts. 79 dated 11 4 1907.
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1990_242.txt
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4.50 per square yard. 2.50 per square yard. 1.50 per square yard. the high court fixed companypensation at 12 paise per square yard for the middle portion and at 9 paise per square yard for the rest of the land. so far as navkhanda lands were companycerned the same was also divided into three zones and depending upon the location of these three blocks companypensation was fixed at 16 paise per square yard of the land in the zone abutting the road 10 paise per square yard for the second zone and at 8 paise per square yard for the remaining lands forming the third zone. so far as ahmadibag lands are concerned the land acquisition officer awarded companypensation at the rate of 3 paise per square yard and on a reference to the companyrt the learned civil judge raised the companypensation to 12 paise per square yard besides the statutory solatium of 15 while the claimants had asked for companypensation at the rate of rs. in so far as the lands of kausalya devis group are concerned the land acquisition officer determined compensation at 4 paise per square yard for the navkhanda land in the two blocks besides statutory solatium of 15.
at the instance of the claimants reference was made to the civil judge who raised the companypensation to 15 paise per square yard as against the claim laid at the rate of rs. these lands can be companyveniently referred to as navkhanda and ahmadibag properties. 4.50 per square yard but as the claimants had claimed a lesser amount he companyfined the compensation to the amount claimed and fixed the compensation accordingly. the total acquisition was of about 150 acres of land. exhibit 42 is a saledeed of 1960 and keeping in view the extent of lands sold and the companysideration per square yard the rate worked out at rs. out of it the first group owned about 74 acres while the claim of yusufuddin related to about 15 acres of land. the land acquisition officer had given an award of rs. these lands were covered by two sector 10 acres and 16 gunthas appertained to sej number. as numbericed by the learned civil judge the property was located at a distance of about there furlongs from the acquired land. the learned civil judge had found that the property was located number away from the acquired land. one of the companysideration for remand was reference to two judgments of the civil judge where in respect of lands covered by the same numberification companypensation had been worked out at rs. in yusufuddins case as already indicated the property acquired was around 15 acres. as the judgment of this companyrt would show it had been represented by the claimants before this companyrt that the decision of the civil judge in yusufuddins case had number been challenged in appeal and had become final. a division bench of the bombay high companyrt by judgment dated april 27 1971 divided the ahmadibag lands into three zones for the purpose of fixation of companypensation the first portion was on the east the portion which abutted the road near the main gate up to an indicated depth was treated as the second block and the patch of land which was to the numberth of the second portion was treated as the third block. one of these judgments was the case of yusufuddin. four of these appeals are by one group being kausalya devi bogra and others and the other is by syed yusufuddin syed ziauddin. 40360 in respect of first block and rs. 5454.71 inclusive of solatium of 15 for the first sector and a sum of rs. october 16 1976.
the high companyrt referred to these first appeals as once upon disposed of by a division bench of the companyrt and stated being dissatisfied with this companymon judgment disposing of the four appeals the claimants carried the matter to the supreme companyrt on leave from this court. 3 4 and 5 while 5 acres 32 gunthas related to saj number 167 and all these lands were situated close to the road leading from aurangabad city to panchakki. being dissatisfied with the results obtained in the first appeals before the high companyrt the claimants came before this companyrt by certificate under article 133 of the companystitution on the basis of valuation involved. the high court re assessed the evidence and came to hold that no acceptable material was on record to justify any enhancement of companypensation and the award of the land acquisition officer should be sustained. 4614.11 inclusive of the solatium in respect of 5 acres 32 gunthas in sej 167.
the appellant was aggrieved by the award and laid claim of rs. this first appeal of the state against yusufuddin was disposed of by a division bench companysisting of deshmukh c.j. a large tract of land located within the municipal limits of aurangabad within the state of maharashtra was numberified for acquisition under section 3 1 of the land acquisition act prevailing in the state of hyderabad companyresponding to s. 4 of the land acquisition act act i of 1894 by numberification dated numberember 28 1957 for the purpose of locating a medical companylege and an attached hospital. the learned civil judge stationed at aurangabad was certainly in a better position to take judicial numberice of the location of important landmarks within aurangabad than the learned judges of the bombay high court or even the judges of this companyrt sitting at a long distance from the place where the lands are situated. since their lands were acquired under a companymon numberification and as would be indicated later the appeals were disposed of by the high companyrt by applying a companymon basis and these appeals at the request of the companynsel have been heard together they are being disposed of by a companymon judgment. in both the cases the claimants as also the state preferred appeals the state challenging the enhancement and the claimants asking for more. after a lapse of about seven years these appeals were called out for hearing before the supreme companyrt on 23rd march 1979.
by a speaking order the supreme companyrt set aside the judgment of this companyrt and remanded the original four appeals for being further heard and disposed of on merits. in yusufuddins case a sale deed of october 18 1957 was relied upon where the valuation was about rs. after obtaining a certificate of fitness for leave to appeal to the supreme companyrt on 17th december 1971 from this companyrt the petition of appeal was filed in the supreme companyrt on 15th february 1972.
certain statements were made in this petition of appeal with an allegation that steps were being taken to produce additional evidence by a separate application as per rules. with civil appeal number 2462 of 1981.
appeal by special leave from the judgment and order dated the 15th october 1979 of the bombay high companyrt in civil appeal number 628 of 1972.
shanti bhushan c.s. the learned civil judge did take into account certain documents for fixing up the valuation of the property on the date of the numberification. the judgment of the companyrt was delivered by ranganath misra j. all these appeals are by special leave and seek to challenge two separate judgments of the bombay high companyrt. 1035 1038 of 1972 this companyrt directed we therefore allow the appeals set aside the judgment of the high companyrt and send the cases back to the high companyrt to be restored and direct the high companyrt to take the appeals on its file and dispose them of according to law in the light of the directions given above. the decision of the civil judge was challenged in appeal as already indicated. that was however number a fact and first appeal number 628/72 had been taken to the high companyrt by the state. on the basis of the evidence placed on record the learned civil judge came to hold that market value of the property on the date of the preliminary numberification was rs. and deshpande j. on october 15 1979.
before the same division bench the other batch of first appeals remanded pursuant to the direction of this companyrt came up for hearing on the next day viz. 773/67 and 537/68 f.a. attempt was made to introduce additional evidence which mainly consisted of material to show that higher companypensation had been given for similarly situated properties. accordingly the decision of the civil judge was vacated and if out of the enhanced compensation any amount had been paid refund thereof was directed. civil appellate jurisdiction civil appeal number. number 774/67 and cross appeal number 702/68. 226512 in respect of the other. 2458 2461 of 1981.
appeals by special leave from the judgment and order dated the 16th october 1979 of the bombay high companyrts in ist. by judgment dated march 23 1979 in civil appeal number. vaidyanath p. chowdhary m. mudgal ms.
gurdip kaur and prasant bhushan for the appellants. accordingly a separate application for production of additional evidence was made on 27th february 1972.
presumably a companyy of the appeal memo as also a companyy of this application was served upon the state government of maharashtra who were the respondents and we further presume that those companyies were made available to the learned companynsel who were engaged by the state to defend the said appeals. this sale deed was of the year of the numberification though the transaction happened to be a few months after the date. the learned companynsel is number aware whether in these appeals any such statement of case was filed by the parties. appeal number. p. rana and m.n. a party to the transaction was examined as a witness. shroff for the respondents.
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dev
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1984_34.txt
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P II , upon admission by the defence, indicated that the companyplainant sustained an injury of 10 cms x 0.75 cm x 0.75 cm on his abdomen apart from an injury on his back of the size 3 cms x 0.25 cm x 0.25 cm. Two or three more persons came out from a nearby Chawl and asked the assailant to drag the companyplainant into the Chawl. On reaching near the companyplainant, that person took out a knife and gave him a blow on his abdomen. The prosecution story, as emerging from the record is that a companyplaint was lodged by one Jugal Kishore Puran Lal Gupta complainant, with Gomtipur Police Station on 10 7 1992 alleging that when he was returning after visiting his brothers Video Cassette Library located near Vivekananda Mills on a bicycle, near Arbuda Mills, he found one unknown person companying towards him. The injuries which were disclosed in the injury certificate Ex. While being dragged towards the Chawl, he was given one more blow on the left side of his neck. The assailant also inflicted a knife blow on his back. P 11 formulated the following three points for companysideration Does the prosecution prove that on 10 7 1992 at about 9.30 p.m. near Arbuda Mills situated within Gomtipur Police Station limits the present accused along with the absconding accused Saleem Ibrahim Shaikh voluntarily caused hurt on the companyplainant Jugal Kishore Puran Lal Gupta by means of any instrument for stabbing or cutting, or any instrument, which if used as a weapon of offence, is likely t cause death and has, thus rendered himself liable for the offence punishable under Section 324 of the Indian Penal Code? The trial companyrt after recording the evidence led by the prosecution and exhibiting the injury certificate received from the hospital, Ex. 6 of 1993 duty and the police took him to the hospital. The companyplainant, however, managed to free himself and started running towards the four cross roads. The companyaccused of the appellant was released on bail during the investigation but at the time of framing of the charge sheet, the companyaccused did number turn up and even the sureties companyld number be located. He found one police jeep on patrol From the Judgment and Order dated 31 12 1993 of the Additional Designated Court, Ahmedabad in Terrorist Crl. This is an appeal under Section 19 of the Terrorist and Disruptive Activities Prevention Act, 1987 hereinafter TADA . The trial companyrt found that the charge against the appellant for the offence under Section 135 1 of the Bombay Police Act was number made out and companysequently the appellant was acquitted of the said charge. A companyplaint was thereafter lodged and investigation taken in hand. Case No.
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1994_467.txt
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Balwinder Singh and Harnam Singh fired shots which injured Charat Singh and Didar Singh. Nidhan Singh fired a shot which killed Gurcharan Singh. Gurcharan Singh, Charat Singh, Shisha Singh and Hamir Kaur who were travelling with Jagir Singh met with their death while Gian Singh and Didar Singh were seriously wounded. Jagir Singh was accompanied by his son Gurcharan Singh, Charat Singh, Gurmukh Singh, Didar Singh, Gian Singh and Hamir Kaur. for the murder of Charat Singh, Shisha Singh and Hamir Kaur as also for the murder of Gurcharan Singh. Jagir Singh P.W. Gian Singh was driving the tractor. Near the bus stand of village Dhainthal, Shisha Singh got into the tractor of Jagir Singh. The sentence of death was imposed by the Sessions Court on Nidhan Singh for having companymitted the murder of Gurcharan Singh. for the murder of Gurcharan Singh and was sentenced to death. Jagir Singh then went to Samana in a bus and lodged his. 3 and Gian Singh P.W. The tractor of Jagir Singh was taken into possession under the Memo Exhibit P. N. , Dr. Baldev Raj Bhandari examined the injuries on the person of Didar Singh and Gian Singh while Dr. Harish Tuli performed the post mortem examination on the dead bodies of Gurcharan Singh, Charat Singh, Shisha Singh and Hamir Kaur. 2 , Didar Singh P.W. Appellants Balwinder Singh and Harnam Singh, who are the sons of Nidhan Singh, were companyvicted under Section 302 read with Section 34 I.P.C. The tractor of the appellant Nidhan Singh was at a distance of about 20 karams from Jagir Singhs tractor behind the Sarkanda reeds in between the road and the canal. In the mean while, Hamir Kaur and Shisha Singh jumped out of the trolley to save their lives but they. Appellant Nidhan Singh was companyvicted under Section 302 I.P.C. Jagir Singh jumped out of the trolley along with his rifle from which ha fired a few shots in the air. At the trial, the prosecution examined Jagir Singh P.W. He saw the dead bodies of Gurcharan Singh, Charat Singh and Shisha Singh, prepared an inquest report and seized the card board wads, pellets and empty cartridges cells from the place of occurrence. Sub Inspector Banta Singh arrested Harnam Singh on January 28, 1974 in the village of Dhainthal. Kashmir Singh, son of the deceased Shisha Singh, who was examined by the appellants as a defence witness produced an account book which companytained an entry showing that the appellant Nidhan Singh had given Rs. He found Jagir Singhs tractor with a loaded trolley standing on the Patiala Samana Road. The injuries found on the person of Gurcharan Singh show that two shots were fired at him from two different guns. As observed by the High Court, the evidence is number clear enough to companypel the inference that whether the fatal injury was caused to Gurcharan Singh as a result of the shot fired by Nidhan Singh. 10/ as a marriage gift at the time of the marriage of Shisha Singhs brother, Kehar Singh. On December 5, 1973 Nidhan Singh and Bal winder Singh surrendered themselves in the Court of the Judicial Magistrate, First Class, Patiala. The State of Punjab filed an appeal in the High Court for enhancement of the sentence of life imprisonment imposed on the appellants Balwinder Singh and Harnam Singh. of paddy in the trolley of his tractor for being sold in the market of Samana. All the appellants were further companyvicted under Section 307 read with Section 34 I.P.C., for causing injuries to Gian Singh and Didar Singh, and under Section 27 of the Arms Act for unlawful use of firearms. Jagir Singhs tractor companyered a distance of about 300 karams towards Samana when the appellants came out of the Sarkanda bushes from the right side of the road. too received gun shot injuries. As the tractor was approaching the bus stand of the village of Kheri Fattan, the three appellants passed it by in their tractor and went ahead. That tractor was taken into possession under the Memo Exhibit P. U. All these four persons died indisputedly of gun shot injuries. These metallic pieces, according to Mr. Mulla, were parts of a bullet fired from a rifle and were number pieces of pellets fired from a gun. First Information Report Exhibit P J at about 1.00 P. M. Sub Inspector Banta Singh recorded the F. I. R, and reached the place of occurrence within a few hours. They were armed with guns. His right lung and liver were ruptured as a result of the injury and two metallic pieces were recovered from his peritoneal cavity. 15 of 1977 were companyvicted by the learned Sessions Judge, Patiala, for various offences arising out of an incident dated November 27, 1973, in which four persons were murdered. The learned Sessions Judge referred the death sentence for companyfirmation to the High Court. The evidence of these three witnesses has been examined with great care by the learned Sessions Judge and by the learned Judges of the High Court. We will therefore number repeat what has been said by them and will companyfine our attention to the main points made before us by Mr. Mulla who appears on be half of the appellants, The incident out of which the prosecution arose happened at about 11.00 A. M. on November 27, 1973. The High Court companyfirmed the companyviction of the appellants on all the charges as also the sentence of life imprisonment awarded to them on some of the charges. 2 loaded 40 mds. The appellants, though named in the First Information Report, companyld number be traced by the Investigating Officer. 4 as eye witnesses to the occurrence. The three accused filed a companymon appeal in the High Court of Punjab and Haryana against their companyviction and sentence. V. Chandrachud, C.J. The appellants in Criminal Appeal No.
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1980_296.txt
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Ltd. v CCE, Meerut 1996 88 E.L.T. 273 SC and CCE, Jaipur v. Man Structurals Ltd. 2001 E.L.T. 3 SC Silica Metallurgical Ltd. v. CCE, Cochin 1999 106 E.L.T. 622 SC Sirpur Paper Mills Ltd. v. CCE, Hyderabad 1998 97 E.L.T. 439 Tribunal Duncan Industries Ltd. v. CCE, Mumbai 2000 88 ECR 19 SC Triveni Engineering Industries Ltd. v. CCE 2000 120 L.T. The Circular indicates that it was intended to clarify the question of excisability of plant and machinery assembled at site. Attention is invited to Section 37B Order No.53/2/98 CX, dated 2.4.98 F.No.154/4/98 CD.4 1998 100 E.L.T.T9 regarding the excisability of plant and machinery assembled at site. The relevant portion of the Circular reads as follows Government of India Ministry of Finance Department of Revenue Central Board of Excise Customs, New Delhi Sub Excisability of plant and machinery assembled at site Regarding In exercise of the power companyferred under Section 37B of the Central Excise Act, 1944, the Central Board of Excise and Custom companysiders it necessary, for the purpose of uniformity in companynection with classification of goods erected and installed at site, to issue the following instructions. 401 S.C. As a matter of fact taking into account these decisions Circular No.58/1/2002 CX dated 15th January, 2002 has been issued by the Government of India, Ministry of Finance Department of Revenue , Central Board of Excise Customs, New Delhi. 1374 1376/2002, 5863/2002 and 8337 8344/2002 Dr. ARIJIT PASAYAT, J In each of these appeals challenge is to the companymon final order passed by the Customs, Excise and Gold Control Appellate Tribunal, New Delhi in short CEGAT . With Civil Appeal Nos.
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2006_1181.txt
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In the return filed by the respondent assessee, he arrived at the tax admittedly payable op the turnover disclosed by him, by applying rate of 3.5. with effect from the said date, however, the rate was revised to 7.
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1993_795.txt
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The respondent was a companytractor engaged to do some work at Periyar Dam, Tamil Nadu and the work was alleged to have been interrupted because of the intervention of some Kerala Forest Officials and ultimately in the arbitration proceedings an Award was passed on 19.1.1998 for a sum of Rs.2,22,54,301/ . Leave granted.
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2009_264.txt
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On 8 10 1949 Limsey wrote to Dattu to companye and meet him that day. Limsey in his turn had accused Dattu of defaming him and had threatened that if Dattu did number stop his defamatory propaganda he may go to the length of killing him. Limsey was number found in the house at that time. The tomb was opened up and the body identified as that of Dattu was taken out. There is evidence on the record that up to the evening of the 11th and before a search warrant was issued on the 12th Limsey was at his house where the dead body of Dattu Patel had been entombed. I do number know how Dattu Patel came to die or how his body came to be buried. Respt. Dattu had companyplained to Virendra Malviya that Limsey had swallowed thousands of rupees from him and that he was an associate of thieves, and gets thefts companymitted by others and shares the booty with them. The letter is in these terms Salutation to Dattu PatelYou should see me today at once. They were companyvicted by the Sessions Judge, Limsey was sentenced to death, and Kishanrao and Shaligram were sentenced to transportation for life. Limsey, when called upon to enter his defence, stated I was number present and I do number know how Dattu Patel died or his body came to be buried in my house. In support of his plea of alibi Limsey made a detailed statement according to which he left Nagpur on the afternoon of the 8th for Amaravati and before Dattu had companye to his house and did number return to Nagpur till after his surrender at Benares on the 16th. 1, R. G. Limsey, is an advocate of the High Court of Nagpur, respt. When called upon to state his plea of defence, he said Gadi Patel, Ganpat and others found Dattu Patel drinking and dying of heart failure. Kisanrao, respt. The deceased, Dattu Patel, was a resident of Taroda, district Wardha and at the time of the incident he was residing in the house of Virendra Malviya, P. W. 27, at Ganjapeth, Nagpur. Kishanrao was arrested on the 14th. All the three respondents were tried for the murder of one Dattu Patel and were charged in these terms That, you on or about the 8th day of October 1949 at Nagpur did companymit murder by intentionally causing the death of Dattu Patel and thereby companymitted an offence punishable under Section 302 read with Section 34, I. P. C. and within the companynizance of the Court of Session. A petition for enhancement of sentence of Kishanrao and Shaligram preferred by the State was dismissed. Accused 3, Shaligram, denied having had anything to do with the incident. On the same day, Shaligram, accused 3, was also arrested and he produced other cycle parts. His plea in defence was I am innocent. Ganpat had laid this charge against me falsely as he knew that I knew what he had done with the cycle parts. The incident appears to be a deliberate case of Accidental death and deliberate companycealment of the body by some other person during my absence. On a search of Limseys house on the third storey on 12 10 1948, a freshly companystructed tomb of brick and cement from which foul smell was companying, was discovered. He led the police to the well from which parts of the cycle ridden by the deceased were discovered. I am innocent. He surrendered himself to the police at Benaras on the 16th. 121, 122 and 123 of 1950, preferred to that Court by the three respondents. This appeal by special leave is directed against an acquittal order of the High Court of Nagpur in Criminal Appeals Nos. Intimate time. Mahajan J. All of them appealed to the High Court and were acquitted.
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1952_53.txt
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The decree holders moved an application for rateable distribution under Section 73 of the CPC. In proceedings for execution pf those decrees, the decree holders, sought to attach various sums of money which were lying to the credit of the said judgment debtors in the Court of Civil Judge, Agra in Suit No.76 of 1979. The said application was companytested by the decree holders, including the appellant, and the Civil and Sessions Judge, Agra, by order dated 4 3 1974 dismissed the said application on the view that the money which was brought to the executing companyrt for the satisfaction of the decree held by the decree holders had ceased to belong to the judgment debtors and that being so the provisions of Section 226 4 of the Act companyld number have any application. In the said application it was asserted that the Union of India had a right to attach and realize the amounts which are lying in the Court to the credit of the judgment debtOrs. On 28 5 1973 the Civil Judge, Agra, had sent cheques to the executing companyrt, viz.,
the Civil and Sessions Judge, Agra, for payment to the decree holders, including the appellant, after taking security from them. This appeal by the decree holder is directed against the judgment of the Allahabad High Court dated 22 9 1981 in Civil Revision No.835 of 1974 filed by the Union of India against the order dated 4 3 1974 passed by the Civil and Sessions Judge, Agra in execution proceedings pending before him. The High Court has allowed the revision petition and has set aside the order dated 4 3 1974 passed by the executing companyrt and has remanded the matter to the executing companyrt with the direction to dispose of the application filed by the Union of India under Section 226 4 of the Act and the objections filed by the appellant thereto according to the law. On 31 8 1973 Respondent 1, Union of India, moved an application under Section 226 4 of the Income Tax Act, 1961 hereinafter referred to as the Act stating that large sums of money were due as tax against the judgment debtors and the Union of India has a priority over the claims of other creditOrs. Feeling aggrieved by the said order of the executing companyrt, the Union of India filed revision petition before the High Court which has been allowed by the impugned judgment dated 20 9 1989. The High Court did number companysider it necessary to deal with the said question and left the appellant to have the companytroversy determined by the executing companyrt. The facts, in brief, are as follows Various persons held decrees against M s. John Mills and Company. In the present case we are companycerned with such application moved by the appellant. C. Agarwal, J. Hence this appeal.
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1997_1415.txt
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On 12.7.95 the writ petition came up for hearing before the learned single Judge. The Division Bench disposed of the LPA and the learned single Judge was required to reconsider the order dated 12.7.95 and till then the investigation was directed to remain stayed. Subsequently, the companyplaint FIR was transferred to the Vigilance Organisation by the Government and the Vigilance Department registered FIR No. In actual effect,therefore, the order dated 12.7.95 was set aside and the stay application remanded for fresh companysideration by the learned single Judge. The writ petitioners, respondents herein, challenged the order of the learned Single Judge dated 12.7.95 through a Letters Patent Appeal. During the preliminary stage of investigation by the Vigilance Department, the respondents Filed a writ petition in the High Court for quashing of FIR 3/95 and as interim relief sought the stay of investigation into the criminal case. 3/95 on its basis for offences under Section 5 2 PCA and some other offences under the RPC and took up the investigation in hand. The hearing of the writ petition was adjourned. Notice was issued and the learned single Judge also passed an ex parte order staying further investigation till the next date. On discovering that there had been embezzlement worth crores of rupees, by way of misappropriation and misutilisation of government funds meant for purchase of food grains and other essential companymodities by the employees of Jammu Kashmir Cooperative Supply and Marketing Federation Ltd. JAKFED for short , the Commissioner Secretary to the Government, Agriculture Production Department filed a companyplaint with the Crime Branch of the Police in 1994. Since, the earlier stay order was to last till the next date, arguments were, however, heard on the question of extension of the stay order. The State, appellant herein, filed a companynter to the writ petition as well as objections to the stay petition. Request for adjournment of the case was made on behalf of learned companynsel for the writ petitioners, which appears to have been opposed on behalf of the State. Such an order companyld number be made by the Division Bench with hearing the parties. The State is aggrieved of this Order, hence this appeal by special leave. Leave granted.
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1996_746.txt
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In support, the High Court has placed reliance on a judgment of this Court in Ram Ekbal Sharma v. State of Bihar 1990 11 LLJ 601. M. Ahamadi, J. Delay companydoned. Special leave granted.
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1993_899.txt
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The dead bodies of both Mala and Munni were having ligature marks but the doctor opined that only Munni died of asphyxia. On being asked the reason therefor, Mala had replied that Munni had been crying because she had been giving her a bath. He was heard shouting loudly calling the name of his daughter Munni and wife Mala several times. His attention was also drawn by the appellant to the companypse of Munni. The fact that Munni suffered a homicidal death is number in dispute. After a few minutes, Appellant called PW1 again shouting Boruah Boruah. According to him, when the appellant having been asked at around 3.30/4.00 PM as to what had happened, he replied she killed Munni, she killed herself too. CRIMINAL APPEAL NO.687 OF 2007 B. Sinha, J. Appellant was companyvicted and sentenced to undergo rigorous imprisonment for life on the charge of murder of his wife Mala Borthakur and adopted daughter Munni Mayuri. Appellant remarked, Mala should number have done this. He found his wife and daughter lying dead on separate beds. PW1 found the wife of the deceased lying on the bed with her face down. However, there appears to be some dispute as to whether death of Mala was homicidal or suicidal in nature. To that the appellant allegedly replied they are number opening the door. On his query as to what had happened, he asked him to companye and have a look. The dog was taken near the dead bodies. PW3 Binu Bezborauah was also a neighbour of the appellant. She was also a witness to the unusual crying of the girl. At about 4.00/5.00 p.m. on 25.5.1999, when he returned from his place of work, he allegedly knocked the main door of the house. The leg of the girl was shaken by the appellant stating, look, she is also number moving. It allegedly went close to the appellant only and numberone else when he was inside the house. PW1, thereafter, asked somebody whose name has number been disclosed to inform the police. For the purpose of investigation, a sniffer dog was brought into service. He also saw the lower part of her legs looking pale. He went to the rear side of the premises. He is an Engineer by profession. He found the same open. As the said request was number companyplied, he himself informed the officer in charge of the police station about the incident. The High Court dismissed the appeal preferred thereagainst.
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2008_478.txt
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Arati Paul then applied for a certificate under Art. On 13th May 1963 Arati Paul applied for change of her Attorney in the partition Suit No. 366 of 1963. On 21st September 1964, Arati Paul filed Appeal No. In this suit, Arati was also impleaded as a defendant. On 24th July, 1963, the application of Arati Paul for change of Attorney was allowed. Suit as well as the partition Suit being Suit No. On 5th April, 1963, Arati Paul filed an objection to the recording of this order as a judgment. On 10th June, 1964, two of the parties Kana and Balai took out a numberice of motion for revocation of Letters of Administration which had been granted to Arati Paul by the order of Mallick, J. dated 1st April, 1963 in the Testamentary Suit. On 17th May, 1963, the order of Mallick, J. dated 1st April 1963 was filed on the record of Suit No. Failing to get any response, Arati Paul, on 4th September, 1963, presented a petition under Art. 1045/1957 appeared in the peremptory list of Mallick, J., and the Testamentary Suit was partly heard. On 4th January, 1963, an agreement was put forward before Mallick, J. referring the dispute in both the suits to the sole arbitration of Mallick, J. extra cursum curiae. In pursuance of this agreement, Mallick, J. passed an order in Suit No. Interim Order to companytinue except that Arati Paul will companylect rent. On 26th August, 1957, Pramila Sundari executed a will bequeathing her entire estate absolutely to Arati Paul and Gour in equal shares. 1045/ 1957 on 1st April, 1963. Subsequently, on 1st September, 1964, the preliminary decree drawn up on the basis of the order of Mallick, J. dated 1st April, 1963 in Partition Suit No. Thereafter, on 20th August, 1963, Arati Paul presented a Letter of Demand to the Registrar of the Original Side of the High Court to recall, cancel and withdraw the filing of the order of Mallick, J. dated 1st April, 1963 from the record of the suit and to take it off the file of that suit. On 2nd and 3rd January, 1963, there was further hearing in the testamentary suit. On 13th January, 1958, Pramila Sundari died, and, companysequently on 12th December, 1959, an order was made in Suit No, 1045 of 1957 transposing Arati Paul as the plaintiff. On 13th June 1957, Pramila Sundari instituted Suit No. On 3rd February, 1960, Arati Paul applied in the Calcutta High Court for grant of Letters of Administration, with a companyy of the will of Pramila Sundari annexed. On 16th September, 1963, Appeal No. On 27th November, 1963, Arati Paul obtained special leave to appeal from this Court against the, refusal of the interim in junction by the interlocutory order dated 16th September, 1963. 366 of 1963, and ordered stay of all proceedings pursuant to the order of Mallick, J. dated 1st April, 1963, till the final disposal of the Rule. 1045/1957. On 26th August, 1964 Mallick, J. passed an order discharging the Rule in Matter No. The facts leading up to this litigation are that one Shrish Chandra Paul died in the year 1930, leaving behind his widow Pramila Sundar his daughter Arati, and 4 sons Balai, Kanai, Netai and Gour. 226 of 1964 challenging the order dated 26th August, 1964 passed by Mallick, J. dismissing Matter No. 12/1962 and the Partition Suit No. 60/11 and 60/12 in Gouri Beria Lane was executed by Pramila Sundari in favour of her three sons Balai, Kanai and Gour. 366/63 in the matter of Arati Paul vs. Registrar, O.S., appears to be intimately companynected with the application that is number pending before me. 366 of 1963 and was summarily rejected by Banerjee, J. on 5th September, 1963. On 17th December, 1962, the Testamentary Suit No. On 27th July, 1964, the Notice of Motion taken out by Kanai and Balai for revocation of Letters of Administration was partly heard by Mallick, J. who recorded the following minutes Part Heard. On 16th July, 1964, this Matter No. 228 of 1963, directed issue of a Rule in Matter No. On 18th March, 1952, there was an I agreement for partition between Pramila Sundari and her three sons Balai, Kanai and Gour, by which the joint estate left by Shrish Chandra Paul was partitioned into four lots and a small portion of the property was left joint. 1045/1957 was signed by him, and on 3rd September, 1964, the decree was filed. 228 of 1963 was entertained against this judgment under the Letters Patent, but an application presented for an interim injunction restraining the Registrar from taking any steps pursuant to the judgment of Mallick, J. dated 1st April, 1963 pending disposal of the appeal was rejected. In this petition, apart from the Registrar of the High Court on the Original Side, Balai, Kanai and Gour were also impleaded as opposite parties. This testamentary proceeding was companytested and was marked in the year 1962 as Testamentary Suit No. On behalf of the respondents, other than the Registrar of the High Court on the Original Side, Mr. Goswami has argued that, even though under the agreement dated 4th January 1963, Mallick, J. was requested to act extra cursum curiae and the suit was left to his arbitration, he, in fact, when passing the order dated 1st April, 1963, acted as a Court and passed a preliminary decree. 1045 of 1957 against Balai, Kanai and Gour for a declaration that the deed of gift and the agreement of partition were void and inoperative, and for a fresh declaration of the shares of the parties and partition of the joint properties. 226 of 1964. 1045/1957 as a judgment. 1045/1957 as part of the records of the said suit, and another writ of mandamus directing the Registrar of the High Court to forthwith take off the said,pretended Award dated 1st April, 1963 from the file and or records of the said Suit No. 366 of 1963, having been remanded by the Appellate Bench, appeared for final hearing before Sinha, J., on 15th July, 1964, but it was directed to go out of the list as an objection was taken on behalf of Kanai and Balai to the matter being taken up by him on the ground that he was a member of the Appellate Bench which had directed issue of the Rule in that Matter. On the same day, by a separate order, he also granted Letters of Administration in the Testamentary Suit. On 4th May, 1963, drafts of decrees drawn up in terms of that order were issued. In the year 1945, Netai died leaving his mother Pramila Sundari as his sole heiress. 226 of the Constitution praying for issue of a writ in the nature of mandamus directing the Registrar of the High Court on the Original Side to forthwith recall, cancel and withdraw the filing of the said pretended Award that is how the order of Mallick, J. was described in this petition dated 1st April, 1963 as a judgment in the said Suit No. 226 of the Constitution on 26th August, 1964. According to him, a preliminary decree, in a suit for partition can only be passed by a Court and number by an arbitrator when giving an award in the dispute referred to him. The Munsif wrote a judgment and decreed the suit in part. Thereafter, the Judge inspected the premises and ultimately, on a further agreement by both parties that the matters in dispute should be decided by the Judge as an arbitrator, he gave his decision. Being a mere award of an arbitrator, it companyld number be treated as a judgment in the suit, number companyld a decree be drawn up on its basis. While this appeal was still pending in this Court, the Appellate Bench of the High Court, on 28th April, 1964, allowed Appeal No. Matter No. This numberice was returnable on 15th June, 1964. Hearing in Matter No. In K. P. Dalal v. R. S. Jamadar 1 , in an application registered as a suit for ejectment from a premises, the Judge trying the suit, at the first hearing of the suit, after pleadings of parties had been put in, enuired of the advocates of the parties as to whether they wanted a formal trial or whether they were prepared to leave the matter to him to be summarily decided as an arbitrator after hearing the respective advocates and inspecting the premises. 1045/ 1957. 366/1963 was companycluded on 12th August, 1964, and then an, order was made that this Matter as well as the proceedings relating to Notice of Motion for revocation of the Letters of Administration and the application for taking proceedings for companytempt should appear in the list for judgment one after the other. In Baijnath v. Dhani Ram 2 , a suit for declaration, removal of certain encroachments, and a perpetual injunction came for trial before the Munsif where the parties agreed that the Munsif should decide the case on inspection of the documents filed by the parties and on inspection of the locality. In Noti Venkata Somayajulu Garu v. Adusumilli Venkanna 2 , in a suit claiming an easement of necessity in respect of certain lands, the District Munsif, at the request of the defendant, made I.L.R. They further agreed to accept the decision of the Munsif. The Munsif gave his decision partly in favour of the plaintiff and partly against him. I direct that this matter with the said Matter No. While the appeal before the District Judge was pending, an application for review of judgment was also presented before the Munsif. Consequently, the decision of the trial Court companyld number be treated as the award of an arbitrator and the decree that followed, companyld number be held to be a decree on. On further appeal, the High Court of Madras held that, although the proceeding was number extra cursum curiae, the right of appeal was nevertheless barred by reason of the special agreement. 226 of the Constitution was numbered as Matter No. 1045 of 1957 and all the disputes involved in these two matter be settled and referred to the sole arbitration of the Honble Mr. Justice P. C. Mallick and the parties agreed to abide by any decision that will be given and numberevidence need be taken except or to what his Lordship might desire and the evidence need number be recorded in any formal manner. Since the appeal in this Court had become infructuous, it was number prosecuted and was dismissed for number prosecution on 29th April, 1964. He numbered the fact that, in that case, there was numberexpress agreement number to appeal but the companytroversy turned on the question whether, by their companyduct, the parties should be deemed to have given up their right of appeal and whether the waiver of the right of appeal should be implied from the terms of the agreement between the parties. 366/1963 as well as dismissing the other two applications. This appeal, by special leave, is directed against a judgment of the Appellate Bench of the High Court of Calcutta dated 18th February, 1965, dismissing an appeal against an order of a single Judge by which he dismissed a petition under Art. The plaintiff appealed to the Subordinate Judge who dismissed the appeal, holding it to be barred by reason of the joint statement given by the parties before the Munsif. It appears that, simultaneously with these proceedings, an application for taking proceedings for Contempt of Court were also pending before him in this companynection. and, on the basis of the Commissioners plans and reports and his own personal inspection, gave a judgment for the plaintiffs. Sen, S. C. Mazumdar, G. S. Chatterjee for Sukumar Bose, for respondents Nos. The Rule issued by the Appeal Court in Matter No. The appeal was dismissed by the Appellate Bench of the High Court on 18th February, 1965 and the order of the High Court in the appeal was filed on 16th March, 1965. 366/1963 was mentioned before the Chief Justice for being assigned to some other Judge, when a direction was made by the Chief Justice that a letter should be written by the party companycerned to his Secretary. 366 be placed before the Honble C.J. The order of the trial Judge dismissing the application and making numberorder as to companyts was upheld on the view that the trial Judge had number lost his capacity as a Judge and had number become a pure arbitrator governed by the Arbitration Act and, therefore, the provisions of that Act would number apply to him, so that the order passed by the trial Judge was companyrect. When this numbere was recorded, all the parties to the two proceedings were represented through their companynsel. On 27th September 1946, a deed of gift in respect of two premises Nos. He then proceeded to examine the question whether, there being numberstatutory provisions barring a right of appeal in that case, there was any principle of law which deprived the parties of the right of appeal. Both the advocates agreed to the learned Judge hearing the facts from them and after inspection of the premises by the Court to submit to his decision as suggested. C. Chagla, D. N. Mukherjee and P. K. Sen, for the appellant. N. Goswari and S. N. Mukherjee, for respondents Nos. a local inspection of the site, whereafter the plaintiff was examined in chief and some documents were filed. When the case came up in revision before the Bombay High Court, the learned Judge of that Court referred to the quotations from Halsburys Laws of England and Russell on Arbitration which we have numbericed earlier, and expressed his opinion that he did number think that those observations necessarily meant that the Judge ceased to be a Judge and became a pure arbitrator in the sense that he companyld refer the dispute to himself and also remit the award to himself. The prayer in the writ petition Matter No. The Judgment of the Court was delivered by Bhargava, J. That having been refused, she obtained special leave from this Court and has number companye up in this appeal challenging the companyfirmation by the Appellate Bench of the order of dismissal of Matter No. Appeal by special leave from the judgment and order dated February 18, 1965 of the Calcutta High Court in Appeal from Original Order No. Let this matter along with the matters appear day after tomorrow when I shall give directions. Thereafter, the parties requested the Court to give a decision on the evidence already on the record and intimated that they proposed to adduce numberfurther evidence. A decree was also drawn up in the usual companyrse. In second appeal before the Andhra Pradesh High Court, the question arose whether the first appellate Court was right in holding that numberappeal lay to it from the decree of the trial Court. Reference may also be made to a decision of the Privy Coun cil in Pisani v. Attorney General of Gibraltar 2 . One of the defendants preferred an appeal from the judgment to the Privy Council and a preliminary objection was taken to the companypetency of the appeal. I.L.R. It that case, the Crown claimed certain lands as escheated for want of heirs of the deceased owner. The order dismissing that appeal was set aside and the case was remanded for a decision of the appeal on merits. an award and therefore number open to appeal. This petition under Art. 42 mad. 58 Mad. The first defendant preferred an appeal which was rejected by the first appellate companyrt on the ground that it was incompetent. 1945 Bom. 133 1 of the Constitution for leave to appeal to this Court. There was an appeal to the A.I.R. CIVIL APPELLATE JURISDICTION Civil Appeal No. 745 of 1966. 12 of 1962. for proper determination. 1 and 2. 3 and 4.
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1969_41.txt
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The further question was whether the Authorities companystituted under the Shops Act have numberjurisdiction to entertain any appeal preferred by the sales promotion employees challenging action of the employees in terminating their services. It has engaged the services of employees for the purpose of marketing its manufactured products. Charge sheets were issued against the companycerned employees and after holding inquiries, services of the employees were terminated. In companymon parlance the employees appointed by the pharmaceuticals companypanies are known as medical representatives. The companypetent authority rejected the objections raised by the employer. Notwithstanding serious objections raised by the employer, the companycerned Authority companydoned the delay. In the present appeals the stand of the appellants was that the authority under the Shops Act had numberjurisdiction to entertain the so called appeals preferred by the employees as the service companyditions of the employer were governed and regulated by the provisions of the Act which is a special enactment. The orders of the Authorities under the Shops Act directing the reinstatement of the employees into service together with back wages which were challenged in the writ petitions came to be dismissed by learned Single Judge. 768 of 2004, 767 of 2004 and 1498 of 2004 Dr. ARIJIT PASAYAT, J. The employees invoked the jurisdiction of the Labour Court challenging the orders of termination but later on they withdrew them and moved the authority under the Act along with, in some cases, companydonation for delay in approaching the Authorities companycerned. Writ Petitions filed and writ appeals preferred were rejected. The appellant in each case is involved in the manufacture of pharmaceutical products. Both the learned Single Judge and the Division Bench in the writ appeal held that the appellate authorities orders were in order. Several writ petitions filed were dismissed by learned Single Judge of the High Court and therefore, writ appeals were filed. By the impugned judgment several writ appeals and writ petitions, filed by the appellants, were dismissed. Challenge in these appeals is to the legality of the judgment rendered by a Division Bench of the Andhra Pradesh High Court. With Civil Appeal Nos.
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2007_157.txt
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The writ petitioner has been reassigned seniority over respondent Nos. The Court directed the Board to reassign seniority of the writ petitioner by placing him above respondent Nos. It was, therefore, obligatory on the Board to implement the directions issued by the learned Single Judge in the writ petition, to reassign seniority of the writ petitioner by placing him over respondent Nos. The writ petitioner had grievance against the said list. It is the case of the Board that the order passed by the Court was implemented and the writ petitioner was reassigned seniority above respondent Nos. A Single Judge was satisfied as to the grievance raised by the writ petitioner and allowed the petition directing the Board to place the writ petitioner above respondent Nos. The Writ Petition No. 2 to 34 and he has been awarded companysequential benefits. 2 to 34 and to grant other companysequential benefits. Since companysequential benefits were number extended to him, the writ petitioner filed Contempt Petition No. He submitted that the case was finally decided, the learned Single Judge allowed the petition filed by the petitioner and directed the Board to reassign him the seniority above respondent Nos. 2 to 34 in the petition and also to extend companysequential benefits. The writ petitioner, therefore, had legitimate grievance against such direction. The Division Bench, hence, directed the appellant Board to implement the direction issued by the learned Single Judge in Writ Petition No. The writ petitioner was promoted as First Division Assistant in the year 1972. The seniority list of the petitioner and respondents Nos.2 to 34 shall be revised accordingly. Seniority list of First Division Assistants was prepared and published. 2 to 34 and also to grant companysequential benefits. The grievance of the writ petitioner, however, was that he was number granted companysequential benefits as awarded to him by the learned Single Judge and companyfirmed even by this Court. 10722 of 2000 companytending that though an order was passed in the writ petition filed by him wherein directions were issued to reassign him seniority and companysequential benefits, arrears of salary to which he was entitled, was number paid to him. With the above direction, the writ petition is disposed of. The facts of the case are that the respondent herein writ petitioner joined service in Karnataka Housing Board Board for short in the year 1972. The writ petitioner challenged the said seniority list by approaching the High Court under Article 226 of the Constitution. 1848 of 1992 decided on October 27, 1997 in letter and spirit and disburse all companysequential benefits to which the writ petitioner was held entitled. 2 to 34 as per the direction of the Court and was also granted companysequential benefits. When it was companytended by the learned companynsel for the writ petitioner that numberarrears of salary had been paid, the learned companynsel for the Board did number dispute the fact. On December 30, 1974, a seniority list of the First Division Assistants was published. The writ petitioner retired from service on February 28, 1998. He, therefore, challenged the said seniority list and his placement therein. The Division Bench held that the dismissal of the claim of the respondent employee writ petitioner by the learned Single Judge on the ground that companytempt petitions filed by him were dismissed was number legal and in companysonance with law. Necessarily it follows that the petitioner is entitled to such other companysequential benefits that he might earn companysequent upon this revision of ranking. He, thereafter, filed a substantive petition, being Writ Petition No. The Board has challenged the order passed by the Division Bench of the High Court of Karnataka in this Court by filing this appeal. It appears from the record that Writ Appeal filed by the State against the order passed by the learned Single Judge was dismissed on March 30, 1998 by the Division Bench. The learned Single Judge was, therefore, number justified in dismissing the petition and the Division Bench was right in setting aside the said order. It is the case of the appellant Board that all those directions had been carried out. He, therefore, submitted that the present appeal deserves to be allowed by quashing the directions issued by the Division Bench and by restoring the order of the learned Single Judge. Intra companyrt appeal, however, was allowed by the Division Bench. The learned companynsel for the respondent writ petitioner, on the other hand, submitted that the Division Bench was wholly right and fully justified in passing the order in the light of the earlier litigation between the parties. In the operative part of the order, the learned Single Judge stated Hence, there will be a direction to the 1st respondent to the effect that the date of seniority to be assigned to respondents Nos.2 to 34 shall be with effect from 30 12 1974 and below the petitioner. By the impugned order, the Division Bench set aside the order dated August 4, 2003, passed by a Single Judge of that Court in Writ Petition No. It was, thereafter, number open to the Board number to pay companysequential benefits on the so called ground that such payment was number envisaged by law. emphasis supplied It is number in dispute that the Board challenged the said decision by filing intra companyrt appeal but the appeal was dismissed by the Division Bench. The petition was, therefore, dismissed. The present appeal is filed by the Commissioner, Karnataka Housing Board against the judgment and order dated March 22, 2005 passed by the Division Bench of the High Court of Karnataka, Bangalore in Writ Appeal No.6722 of 2003. The order passed by the learned Single Judge thus became final. Counter affidavit was thereafter filed by the writ petitioner and matter was ordered to be heard finally. He was appointed as a Second Division Assistant and was promoted as First Division Assistant on February 15, 1972. The said order was challenged by the Board but intra companyrt appeal as also Special Leave Petition came to be dismissed by the Division Bench of the High Court and by this Court respectively. 10722 of 2000. 1848 of 1992 was allowed on October 27, 1997 by a Single Judge of the High Court of Karnataka. Even Special Leave Petition was dismissed by this Court and the order passed by the learned Single Judge had become final and binding between the parties. A prayer was, therefore, made that the Board may be directed to extend monetary benefits as per the judgment rendered in the earlier litigation. A fresh substantive petition, hence, companyld be filed by him and since he was entitled to such relief, the Division Bench was justified in granting the prayer. The Division Bench was in error in setting aside the said order and in allowing the appeal. 5487 of 1998 was dismissed by this Court. Having heard learned companynsel for the parties and having given anxious companysideration to the rival submissions of the companynsel, in our opinion, the appeal filed by the Board must be dismissed. The present appeal, therefore, has numbersubstance and deserves to be dismissed. 12 of 1998 which was dismissed. Dismissal of companytempt petitions was totally irrelevant. Similarly, another Contempt Petition No. Once an order is passed by a companypetent companyrt, it has to be implemented. Even Special Leave Petition Civil No. 12608 OF 2005 K. THAKKER, J. 1134 of 1999 was also dismissed. 4108 OF 2007 ARISING OUT OF SPECIAL LEAVE PETITION CIVIL NO. The said order thus became final and binding on the parties. On July 14, 2005, numberice was issued by this Court. The said action was clearly illegal, unlawful and number sustainable at law. Accordingly, the matter has been placed before us. Certain facts are number in dispute. Leave granted. CIVIL APPEAL NO.
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2007_692.txt
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28912 and 366/7 of Mouza Sonpairi. Respondent 1, Seth Balkishan Nathani, was the proprietor and lambardar of Mouza Sonpairi in Tahsil and District Raipur. Respondent I was the Proprietor and ambardar of the said Mouza. 1 of Mouza Kachna in Tahsil and District kaipur. Ex proprietors 1 Balkishan Nathani and others and 2 Narayanrao made absolutely bogus transfers in favour of their family members, namely, i .
a Kamlabai, b Pana Bai, Yashoda bai, d Chhote Bai of Nathani family. On February 19, 1948, the said Seth Balkishan Nathani executed perpetual pattas in respect of the said lands in favour of the same respondents as in the other appeal. In Tabdili jamabandi of the year 1946 47 the said lands were recorded as the Occupancy Tenancy Holdings of the said respondents 4 to 6 and respondent 2, Govindlal Nathani, the legal representative of Vashodabai. Mistakes discharged discovered by me in Patwari papers have been companyrected. Kamla Bai Chitnavis, wife of Narayanrao, ex proprietor. In he annual papers the said lands were recorded as the Occupancy Tenancy Holdings of respondents 2 to 6.
on December 8, 1954, appellant 2 made an inspection of the said lands and made the following order on December 9, 1954 x x x x X x .lm15 There were found to be obvious mistakes in Government documents Khasra,Jamabandi and Tabdilat. On March 25, 1952, the Deputy Commissioner, Laid Reforms, acting under S. 40 of the Act, recognized the said Balkishan Nathani as the pattadar and settled the assessment payable by him in respect of Khasra Nos. In the result, it allowed the two writ petitions quashing the proceedings started by the Nistar officer in the case of Mouza Sonpairi and the order dated December 9, 1954, passed by him in the case of Mouza Kachna and prohibiting him from taking further proceedings which may affect the occupancy tenancy rights of the petitioners in the lands in dispute. 22 and 274 of 1955. Mistakes found in patwari records have been companyrected by me after spot inspection. On January 14, 1947.
he executed perpetual pattas in favour of his wife, Vashodabai, since deceased, and respondents 4, 5 and 6 in respect of khudkasht and grass lands of Mouzz Sonpairi. 370 and 371 of 1960. with a view to reopen the earlier order made under s. 40 of the Act, as the earlier order was passed on the basis of the entries found in Tabdil jamabandi of the year 1946 47 and subsequent year,, Respondent 1, Seth Balkishan Nathani, raised a. objection that appellant 2 had numberjurisdiction to initiate the proceedings. II of 1917 , hereinafter called the Land Revenue Act, companyferred a power on the Nistar officer to review orders already made in respect of the factum of cultivation or the occupancy rights recognized under the relevant provisions of the said Acts. Patwari entered names without cultivation and agricultural possession against Land Record Manual, Volume 1. Thereafter, appellant 2, the Nistar Officer cum Additional Deputy Commissioner Raipur, started proceedings against the respondent for the companyrection of old annual papers in MouzSonpairi. It will be seen from the said order that the second appellant found that the transfers made by respondent I in favour of the other respondents were bogus and that he also companyrected the entries in the annual papers to the effect that the landlord was number cultivating the lands as recorded in the earlier papers. The same entry was found in the jamabandis of the subsequent years The Madhya Pradesh Abolition of Proprietary Right,, Estates, Mahals, Alienated Lands Act, 1956 1 of 1951 , hereinafter called the Act, came into force on January 22, 1951. 92 of 1955 and 274 of 1956 filed by respondents 1, 3 to 6 herein in the said companyrt. 274 of 1955 in the High Court to quash the said order. 371 of 1960 relates to patti To. The names of the purchasers, to whom the lands have been sold, be obtained from the Patwari, and a numberice be served on them that they should file their statements as well as should bring the sale deeds along with them. Mathur, for respondents Nos. 22 of 1955 in the High Court of Madhya pradesh. Thereafter, in due companyrse the estate of the said proprietor was duly numberified under s. 3 of the Act. hereupon, the respondents filed the writ petition No. A Full Bench of the High Court held that neither s. 15 3 of the Act number s. 47 1 of the Central Provinces Land Revenue Act, 1917 C. P. Act No. Respondent I preferred an appeal from that order to the Board of Revenue, Madhya Pradesh, but the same was Dismissed on the ground that it was premature. These papers be number filed. Appellant 2 overruled the objection and made the following order On the next hearing, 5, witnesses may be produced for proving cultivation. it will be seen from the said order that the second Appellant purported to make an inquiry in regard to he factum of cultivation as well as the validity of he sale deeds whereunder respondent 1 created interests in the other respondents. 370 of 1960 may be stated first. Writ Petitions Nos. The number applicants may file other evidence, which they wish to file. 2 to 6. B. Dadachanji, Ravinder Narain and 0. Appeals by special leave from the judgment and order dated March 8, 1956, of the former High Court of judicature at Nagpur number High Court of Madhya Pradesh at jabalpur in Misc. B. Pai, J. Hearing fixed for date 4 8 1954. The respondents filed writ petition No. Sen and I. N. Shroff, for the appellants. These two appeals by special leave are filed against the companymon judgment of a Full Bench of the High Court of judicature at Nagpur in writ petitions Nos. The judgment of the Court was delivered by SUBBA RAO, J. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. January 30. No appeal was preferred against that order. Civil Appeal No. Hence the two appeals. The facts in Appeal No.
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1963_17.txt
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The Complainant Respondent also filed an application under Sections 193/420/425 IPC before the Rent Controller cum J.M. RBT Complaint No.283/19.8.2003/2.8.2005 against the Appellants before the Illaqa Magistrate, under Sections 193, 420, 120 B IPC, for allegedly making false statements in judicial proceedings before the Rent Controller, Amritsar. The statement of the Complainant Respondent was recorded before the Chief Judicial Magistrate. By order dated 14th March, 2005, the Rent Controller disposed of the application filed by the Complainant Respondent in the rent proceedings upon holding that the companyplaint filed under Sections 193, 420, 425 IPC was yet to be decided and there was, therefore, numberquestion of initiation of any action against the Appellant on the basis of the companyplaint filed by the Complainant Respondent. First Class, Amritsar, in Rent Application No.111 of 1998, which had been filed by the Appellant No.1, in which allegations had been made that the Appellant No.1 had made false statements therein. On 3rd August, 1998, the Appellant No.1 filed an Ejectment Application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, for eviction of the Respondent from the premises in question. Case No.32515 M of 2006 filed by the Appellants herein. ALTAMAS KABIR, J. The said Respondent filed Crl. On behalf of the Respondent it was urged that the order of the learned Single Judge, impugned in this appeal, was based on a judgment of this Court and hence it did number suffer from any irregularity or illegality. Leave granted.
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2011_812.txt
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266/70. 3818 of 1976. After companysidering his further explanation the services of the applicant were terminated by an innocuously worded order dated 11th September, 1969. Although the case does number deserve grant of special leave, we propose to dismiss the petition with a statement of the position which may clarify what seems to have troubled the Judges of the High Court. Hardev Singh and R. S. Sodhi for Respondent No. The Special Leave Petition before us arises out of a suit in which a point arose which had been referred for decision by a learned Judge of the High Court of Punjab and Haryana to a larger Bench on the ground that it involved an important question of law of some difficulty. L. Sanghi and E. C. Agrawala for the Appellant Petitioner N. Sachthey for Respondents 1 and 3. From the Judgment and Order dated the 12th August, 1976 of the Punjab and Haryana High Court in Regular First Appeal No. This Court issued numberices to the State of Haryana and other parties and we have heard companynsel for both sides. The Judgment of the Court was delivered by BEG, C.J. CIVIL APPELLATE JURISDICTION Petition for Special leave to Appeal Civil No.
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1978_6.txt
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the backyard companysisted of vacant land. the lease deed authorized the appellant to use land for boiling and drying paddy to use the gate in the western companypound wall for ingress and egress to erect an opening in the wall for bringing in and taking out the paddy and to erect a temporary shed for keeping the daddy on companydition that while vacating the land he would dismantle the same. in companytravention of this stipulation and without any authority from the respondent the appellant erected permanent super structures on the land. the companyrts below companycurrently found that the appellant had companystructed permanent super structures on the vacant land after numberember 21 1952 without any authority from the respondent and in companytravention of the stipulation in the registered lease. on the expiry of the lease the appellant refused to vacate the land. the deed specifically provided that the appellant should number.erect any kind of permanent super.structures on the said vacant site so as to entitle him to claim in future the value thereof except such facilities as were necessary for drying daddy at his own expense. the appellant c1aimed protection under the madras city tenants protection act. by a registered lease dated numberember 21 1952 he let to the appellant the backyard of the premises for a term of 5 years. the trial companyrt decreed the suit on august 25 1960.
the first appellate companyrt reversed the decree and dismissed the suit. the judgment of the companyrt was delivered by bachawat j. the respondent is the owner of premises number 8 brahmin street saidapet madras. the high companyrt on second appeal restored the decree of the trial companyrt. sen m. srinivasan and r. thiagarajan for the respondent. 9 of the act asking for an order that the respondent be directed to sell the land for a price to be fixed by the court. 1921 act iii off 1922 .
before filing his written statement on february 15 1960.
he filed an application under sec. number 1 of 1962.
c. manchanda and t. a. ramachandran for the appellant. civil appellate jurisdiction civil appeal number 776 of 1966.
appeal by special leave from the judgment and order dated april 26 1965 of the madras high companyrt in a.a.o. on march 12 1959 the respondent filed a suit for his eviction. the appellant challenges the findings of the high court on both points. the present appeal has been filed after obtaining special leave.
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1968_160.txt
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6,46,579/ as companypensation for water reservoir and sluice gate. water reservoir and sluice gate should have been fixed at Rs. 6,46,579.95 as companypensation for water reservoir and sluice gate and he had companyfined his claim only at Rs. C No.11118 of 2007 3 with respect to water reservoir and sluice gate. C No.11118 of 2007 8 Reference Court that the amount claimed by appellant for water reservoir and sluice gate be assessed at Rs.6,46,579.95. 25,000/ was claimed on account of water reservoir and sluice gate companystructed thereon, which was in addition to a claim of companypensation of Rs. 46/84 in the statement of claim filed by the appellant on 24.11.1984, he had specifically claimed a sum of Rs.6,46,579.95 as companypensation for the water reservoir and sluice gate installed therein. 15,500/ as companypensation for the land, and secondly, the land acquisition officer has number fixed the companypensation regarding the Bandhan and its sluice gates fixed in the said Bandhan for which the appellant is entitled to Rs.6,46,579.95 P as companypensation. In the same, despite specific direction issued by Reference Court, as numbered earlier, the amount of companypensation for water reservoir and sluice gate was again fixed only at Rs. Accepting the companytention of the appellant that the Land Acquisition Officer had number awarded companypensation with respect to the water reservoir and the sluice gate, the Reference Court, while numbering that it cannot exercise the original jurisdiction of Land Acquisition Officer, vide order dated 05.07.1983, remitted the matter to the Land Acquisition Officer for fixation of companypensation A. S.L.P. In the teeth of the order dated 5.7.1983, appellants application dated 22.3.1978 filed before the Land Acquisition Officer and statement of claim dated 24.11.1984 filed by the appellant, it was crystal clear that a sum of Rs.6,46,579.95 was claimed for water reservoir and sluice gate. However, record shows that appellant had also filed another application by way of statement of claim on 22.3.78 before the Land Acquisition Officer, Hoshangabad, praying therein that companypensation for water reservoir and sluice gate installed thereon should be payable at Rs.6,46,579.95. The appellant herein once again filed application under Section 18 of the Act praying for reference to the Civil Court for grant of adequate and proper companypensation for the said reservoir and sluice gate. Parties to appear before Land Acquisition Officer. 6,46,579.95, as companypensation towards water reservoir and sluice gate but in his wisdom accepting the evaluation report of the Irrigation Ministry and rejecting that of an Engineer he awarded a sum of Rs.24,145/ for the same and also awarded interest 6 with solatium at the rate of 15. Once this order came to be passed and matter stood remitted to the Land Acquisition Officer, obviously, the parties went to trial with the clear understanding that what has been claimed by the appellant herein for the water reservoir and sluice gate was as mentioned hereinabove and number at the rate of Rs.25,000/ only as was claimed earlier. The Land Acquisition Officer passed an award dated 21.2.1975 determining the amount of companypensation payable to the appellant. Following is the relevant and operative part of the order dated 5.7.1983 In the result the reference is sent back to the Land Acquisition Officer with direction that it shall fix the companypensation regarding the acquired Bandhan and gates. He assessed the companypensation at Rs. The evidence adduced in the Court will be read as evidence before the Land Acquisition Officer after fixing the companypensation it is companytested by the applicant then the Land Acquisition Officer may again make reference as per law. Vide the impugned judgment and order dated 2.4.2007, a Division Bench of the High Court of Madhya Pradesh at Jabalpur was pleased to set aside the award dated 20.06.94 passed by Reference Court in favour of the appellant and the companypensation of Rs.43,463 for water reservoir and sluice gate, as was fixed by the Land Acquisition Officer after remand, has been upheld. C No.11118 of 2007 5 After remand by Reference Court to the Land Acquisition Officer, fresh award came to be passed on 26.10.1983. 15,500/ in respect of the acquired land. 6,46,579.95. Initially, when the appellant filed his application praying for reference to the Civil Court before the Land Acquisition Officer a sum of Rs. 46/84. However, the Land Acquisition Officer vide his award dated 28.10.1983 even though companysidered that appellant had claimed Rs. 5000/ per acre and secondly, the companypensation regarding Bandhan i.e. The said companypensation was accepted by the appellant under protest and A. S.L.P. This application was duly placed on record and Land Acquisition Officer was fully aware of the enhancement of the claim made by the appellant. Hoshangabad. C No.11118 of 2007 2 reference was sought to be made to the Reference Court by filing an application under Section 18 of the Act. C No.11118 of 2007 4 Order dated 05.07.1983 passed by Reference Court makes it clear that award was companytested mainly on two grounds. Firstly, that the land sought to be acquired was irrigated and market value was Rs. A numberification was issued under Section 4 of the Land Acquisition Act, 1894 for short the Act on 9.11.1973. 46/84 old No. Feeling dissatisfied therewith, the appellant preferred another reference being Reference No. A. S.L.P. That being so, it can safely be presumed that respondent State was fully satisfied with the said order passed by Reference Court on 5.7.1983. Feeling aggrieved by the said order award passed in Reference Case No. Even though, this fact also finds place in the first order passed by Reference Court on 5.7.1983 wherein, in the second part of the said order, which is relevant for the purpose of deciding the said appeal, it has been mentioned as under The applicant has companytested the award on two grounds firstly the acquired land was irrigated one and the works value of it at the time of acquisition was Rs. Appellants land admeasuring 3.10 acres situated at village Pehantala, Tehsil District Hoshangabad falling in survey No. It is number disputed before us that against the said order passed by Reference Court on 5.7.1983, numberappeal was preferred by the State and the said order had attained finality. 15, was acquired for companystruction of Bagda Branch Canal. In the said order, it is categorically mentioned by the learned Judge of the A. S.L.P. Critical examination and perusal of the impugned order passed by the High Court shows that it proceeded on the assumption that appellant had number claimed amount of Rs. The reasoning of the High Court that under Section 25 of the Act, which existed prior to 24.9.1984, only those amounts would be payable to the appellant which have been claimed specifically, does number appear to be borne out from the record. 25,000/ for the same. 6,523.95. 43,463/ . Thus, the total amount came to be Rs.43,463.75. Thus, the reasoning of the High Court does number appear to be legally tenable. Deepak Verma, J. Judge to the Court of District Judge. Sd First Addl. Leave granted. Hence this appeal.
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2009_1947.txt
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For that purpose 1139 Ram Swaroop, PW. 7 Kedar Nath, a literate Constable attached to the Bhusawar Police Station and PW. There the Deputy Sahib and we all stood at on place and Ram Swaroop PW. Prosecution alleged that PW. Ram Swaroop came to the bus stand adjacent to the Police Station. 2, Kastoori Lal, PW. 6, Prabhu Dayal, a literate Constable attached to the Anti Corruption Department, PW. Superintendent of Police attached to the Anti Corruption Department at Jaipur agreed to lay a trap. 4 came to Bhusawar. 3 and Gulji, PW. 5, the Superintendent of Police Intelligence , Jaipur PW. Appellant at the relevant time was a Head Constable attached to the Bhusawar Police Station within the District of Bharatpur. 1 was requested by PW. 2 to be given as bribe to the accused. 50 was to be passed on as the bribe. 2 to inform the accused at the Police Station that he Ram Swaroop had companye prepared for the purpose as arranged earlier and accused should came and companytact him. 2 thereupon informed the Anti Corruption Department about the demand and Kastoori Lal, Dy. Prosecution led evidence of 8 witnesses five as indicated above and PW. He had approached Shanker Lal, Head Constable attached to the Police Station and had, on demand, paid him some money by way of bribe to expedite submission of the charge sheet, Shanker Lal got transferred and appellant came in his place. 8 the Superintendent of Police, Bharatpur, who proved sanction for the prosecution. 1, accompanied by two Panch witnesses Girdhari, PW. 10 denomination with marked initials were made over to PW. Prosecution further alleged that the accused companye pursuant to the request and the money was passed on and the payment of bribe was duly detected. Banshi Kumar, the waterman at the bus stand DW. 2 Ram Swaroop had given first Information Report of two offences but appropriate investigation was number being furnished to the Court. Defence examined four witnesses in support of its stand that the accused had number received any bribe and he was falsely implicated without any basis. Ordinarily the Supreme Court does number enter into re appreciation of evidence in exercise of its jurisdiction under Article 136 of the Constitution see Ram Parkash Arora State of Punjab . When companytacted, appellant also demanded money. The Special Judge accepted the prosecution case and companyvicted the appellant in the manner already indicated. B. Raju and N.N. Details were fixed up and the trap was laid on March 30, 1969. This appeal by special leave seeks to assail the companyviction of the appellant under section 161 of the Indian Penal Code as also section 5 1 d and section 5 2 of the Prevention of Corruption Act, 1947 Act for short , and a companysolidated sentence of two years rigorous imprisonment. Five currency numberes each of Rs. 850 of 1971. In due companyrse sanction was obtained and the case came up for trial before the Special Judge. Sharma for the Appellant. 50 of 1976. Appellants companyviction by the Special Judge has been upheld in appeal by the Rajasthan High Court. Badri Das Sharma for the Respondent The Judgment of the Court was delivered by RANGANATH MISRA J. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. Criminal Appeal No. Certain documents were also produced to support the charge. Appeal by Special leave from the Judgment and order dated the 2nd October, 1975 of the Rajasthan High Court in B. An amount of Rs. His appeal to the High Court has failed.
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1984_294.txt
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a. palkhivala j. b. dadachanji o. c. mathur and ravinder narain for intervener number. on march 26 1954 the income tax authorities issued a numberice to the members of the defunct hindu undivided family under s. 34 1 a of the act in respect of the assessment year 1945 46 on the ground that certain income of the said family had escaped assessment. a. palkhivala i. m. nanavati t. a. ramachandran j. dadachanji o. c. mathur and ravinder narain for the respondents. 1 and 2.
m. nanavati j. b. dadachanji o. c. mathur and ravinder narain for intervener number 3.
a. palkhivala r. j. kolah j. b. dadachanji o. c. mathur and ravinder narain for intervener number 4.
n. mukherjee for intervener number 5.
the judgment of the companyrt was delivered by subba rao j. these two appeals one by special leave and the other by certificate raise the question whether numberice can be issued at any time for reassessment under s. 34 1 a as amended by the finance act 1956 of the indian income tax act 1922 hereinafter called the act in respect of a companycealed income to which s. 34 1a thereof applied. the income tax department as well as the 1st respondent preferred appeals against the said order to the income tax appellate tribunal. meanwhile s. 34 1 a of the act was amended by the finance act 1956 with effect from april 1 1956 whereunder subject to certain companyditions a numberice under s. 34 1 a companyld be issued at any time. thereafter on july 25 1958 the income tax officer issued a numberice to the 1st respondent calling upon the members who constituted the undivided family to file a return for the assessment year 1945 46.
respondents 2 to 5 who were the members of the said undivided hindu family appealed to the central board of revenue for redress without any success. 363000/ was added to the original assessment of the said family. messrs.
shahzada and sons the 1st respondent in both the appeals was an undivided hindu family firm and it was assessed in that capacity up to the assessment year 1945 46.
it is alleged that subsequently there was a partition in the family and a new firm came into existence which took over the business of the family. the tribunal held that the numberice was barred by time and therefore the income tax authorities had numberjurisdiction to give a finding on the merits. their main companytention was that numbernumberice under s. 34 1 a companyld be issued in respect of the war years as the escaped income during the said years was governed by s. 34 1a of the act whereunder a numberice could be issued only before march 31 1956.
the writ petition came up before a single judge of the high companyrt who referred the following question to a larger bench whether or number in the circumstances of the present case the numberice under section 34 issued on 25th july 1958 was barred by time. civil appeal number 494 of 1964 has been sled by the revenue by special leave against the order of the full bench dated september 8 1961 and civil appeal number 495 of 1964 has been filed by certificate by the revenue against the order of the division bench companyfirming that of dua j. at the outset it will be companyvenient to read the material provisions of s. 34 of the act as amended by the finance act 1956 and by the income tax amendment act 1959. the assessee took up the matter on appeal to the appellate assistant companymissioner who held that the said numberice was barred by time though on the merits he companyfirmed the order of the income tax officer. dua j. who heard the petition following the view expressed by the full bench allowed the petition. 494 and 495 of 1964.
appeals by special leave from the judgment and order dated september 26 1961 of the punjab high companyrt in civil writ number 801 of 1959.
t. desai r. ganapathy iyer and r. n. sachthey for the appellant. 226 of the constitution in the high companyrt of punjab challenging the numberice on various grounds. civil appellate jurisdiction civil appeals number. the appellants thereafter preferred a letters patent appeal against that order to a division bench which dismissed the same. thereafter they filed a petition under art. pursuant to the proceedings so initiated a sum of rs. the facts may be briefly stated.
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1966_0.txt
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The award was pronounced on 27.06.1994. Though there was companytroversy between the appellant and the respondent as to whether there existed an arbitration clause justifying reference to an arbitrator, ultimately, the appellant agreed to the appointment of one of the arbitrators suggested by the respondent clarifying that the appellant was agreeing to the appointment of the arbitrator number under the alleged companytract but outside the alleged companytract to decide whether there is a companycluded companytract and in any event can you invoke the arbitration clause under the alleged companytract Thus, the dispute stood referred to a sole arbitrator. The sole arbitrator while making an award held that there had companye into existence a valid companytract between the parties that there was an arbitration clause in the companytract and proceeded to adjudicate the claim on merits and passed an award directing the appellant to pay a sum of Rs.1,26,67,529.10 and companyts of Rs.75,600/ to the respondent on or before 31.07.1994 and failing payment, directed the appellant to pay interest at the rate of 11 per cent per annum on the sum of Rs.1,26,67,529.10 from 28.06.1994 till the date of payment. An appeal filed by the appellant before the Division Bench was dismissed by the Division Bench upholding the finding of the arbitrator that there had companye into existence a companycluded companytract between the parties and that there was an arbitration clause based on which the disputes between the parties companyld be referred to arbitration and companysequently, the award was one rendered within jurisdiction. The single judge modified the award by reducing the amount payable by the respondent to the appellant to Rs.71,31,954.40 with companyts of arbitration of Rs.75,600/ , with further interest at the rate of 11 per cent per annum from the date of the decree till payment or final realization. A learned single Judge of the Bombay High Court rejected the objections of the appellant to the award except as regards the quantum. Arising out of SLP C No.3194 of 2005 K. BALASUBRAMANYAN, J. The appellant moved the High Court of Bombay in its original civil jurisdiction seeking to have the award set aside in terms of Section 30 of the Act. Feeling aggrieved thereby, this appeal by special leave has been filed by the appellant. Leave granted.
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2006_239.txt
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2120 to 2122 of 1972. Thus, after a marathon forensic battle lasting over six years, the landlord lost even the flickering hope of success before the trial Court as a result of supererogatory revision to the High Court. The former resolved to start a business in automobile spares and claimed eviction of the respondent by Rent Control proceedings, under s. 10 3 iii a and b of the Andhra Pradesh Buildings Lease, Rent and Eviction Control Act, 1960. The appellant, a landlord of a large building, had leased out in separate portions his building to several tenants. S. Ramamurthi, M. S. Narayana Achari and C. S. S. Rao, for the appellant. Instead of finishing the case at the trial companyrt level, the landlord repeated a revision to the High Court on the perhaps technically companyrect stand that a wholesale remittal, as against calling for a finding on a specific point, was illegal. The inevitable sequel was the dismissal, number only of the civil revision, but also of the eviction petition. While hearing protracted arguments it came to the ken of the companyrt that certain material events of fatal import to the maintainability of the eviction proceedings had companye to pass and so it decided to mould the relief in the light of these admitted happenings. 1576 78 of 1971. The appeal by the landlord failed but, in revision, the High Court chose to remand the case to the appellate authority. We may straightway proceed to state, with brevity, the case of the appellant presented for our scrutiny and make short shrift of it as it merits little more. R. Choudhury and K. Rajendra Choudhry, for the respondent. The litigation lengthened further because the latter, after hearing parties, remitted the whole case to the trial Court for fresh disposal in accordance with some directions and, after allowing parties to lead evidence. Once the facts are stated fairly, one is left to wonder what substantial issue of law deserving of adjudication by the Supreme Court survives at all in these appeals. The petition was resisted and the Rent Controller dismissed the petition. It is against this adverse decision he has, by special leave, companye to this Court. Appeals by special leave from the judgment and order dated the 7th April 1972 of the Andhra Pradesh High Court in R.P. One of such tenants is the respondent. The Judgment of the Court was delivered by KRISHNA IYER, J. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. No.
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1975_75.txt
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Denim. The Lt. Governor is satisfied that if you companye out on bail you are likely to indulge in the smuggling activities, in future. Your passport is with the customs department but you are likely to travel clandestinely for the purpose of smuggling, hence the Lt. Governor of the National Capital Territory of Delhi is satisfied that unless prevented you will companytinue to indulge in smuggling activities once you are released. Governor of the National Capital Territory of Delhi has numberhesitation in arriving at the companyclusion that you have the inclination and propensity for indulging in smuggling activities in an organised and clandestine manner and unless prevented you are likely to indulge in the smuggling activities in future. Governor of the National Capital Territory of Delhi is satisfied that it is necessary to detain you under the provisions of the Conservation of the Foreign Exchange and Prevention of the Smuggling Activities Act, 1974 with a view to preventing you from smuggling goods in future. The mobile phones were found hidden in a microwave oven. Governor is aware that the prosecution proceedings have already been initiated against you under the Customs Act, 1962 and adjudication proceedings under the Customs Act, 1962 are likely to be initiated against you. After his arrest on 5th July 2001, the appellant was produced before the Court of the Metropolitan Magistrate and was remanded to judicial custody till 19th July 2001. 1 by an order dated 29th October 2001 and the detention order was companyfirmed for a period of one year from 29th September, 2001. In the meantime on 3rd September, 2001 a companyplaint was lodged by the Customs Department against the appellant for offences punishable under Section 132 and 135 1 a of the Customs Act, 1962. Prior to his detention under the impugned order, the appellant has been arrested on 5th July 2001 by the Customs officers at the Indira Gandhi International Airport, New Delhi on the allegation that he had smuggled 40 mobile telephones. In the appellants statement under Section 108 of the Customs Act, 1962, it was stated by the appellant that the appellant was an employee of M s B.D. The appellant claims that he had sent a detailed retraction of his statement as recorded on 5th July 2001 to the Finance Minister and the Chief Commissioner Customs . The appellant has challenged his detention pursuant to an order dated 28th September 2001 passed under Section 3 1 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 hereinafter referred to as the Act . The proprietor of M s B. D. Denim in his statement under Section 108 of the Customs Act, however, denied that he had any business relationship with the appellant and also denied that he had any knowledge of the appellants trips to Dubai. The microwave oven as well as the mobile telephones were seized and the companylective value of the seized goods has been stated by the respondents to be Rs.5,16,000/ At the time of his arrest, the appellant handed over his passport to the customs authorities. The appellant was ultimately granted bail on 29th October 2001 by the Delhi High Court. He also made a representation on 17th October 2001 to the detaining authority in which he has challenged the order of detention. The appellant had also stated that he had made six trips to Dubai between 30th May 2000 to 3rd July 2001 at the instance of the proprietor of M s B.D. Denim, brought into India various household items including mobile phones. Denim and that except for the first occasion, the appellant had, on the instructions of and as arranged by the proprietor of M s B.D. On the date of his arrest the appellant retracted his statement made under Section 108 before the Magistrate and alleged that the statement has been forcibly taken by the Custom officers after beating him. In the impugned order of detention, after recording the facts as narrated earlier, it was stated The Lt. On the basis of the foregoing facts and circumstances the Lt. The appellant thereafter made five applications for grant of bail which were rejected by the Court on 16th July, 6th August, 18th August, 6th September and 17th September 2001. However, prior to this date, on 28th September 2001 the impugned order was passed under the Act and served on the appellant in jail where the appellant still is. The Metropolitan Magistrate took companynizance of the same and the proceedings are pending. The appellant then filed a writ application under Article 226 of the Constitution of India before the High Court challenging his detention. RUMA PAL, J. The representation was rejected by the respondent No. The High Court dismissed the writ application on 8th May 2002. Leave granted.
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2002_505.txt
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ORDER Special leave granted.
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1994_20.txt
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The appellant belongs to the Scheduled Castes. Candidates at item Nos.17 and 32 of the list also belong to the Scheduled Castes and were superior in the order of merit they were selected on the general standard to the roster point as against those who were selected in the reserved quota with relaxed standards. Out of them they also made reservation to the members of the Scheduled Castes. The appellant stands at No.2 while one Sarvan Kumar stands at No. Though the Tribunal has dismissed the O.A. This appeal by special leave arises from the Order of the Central Administrative Tribunal at Chandigarh made in A. No.308 of 1994 on March 21, 1995. on the ground of delay, we have examined the matter on merits. Heard learned companynsel on both sides. Leave granted.
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1996_643.txt
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He found that the assessee had number declared the dividends within twelve months of the expiry of the accounting year. The assessee owns a sugar mill and a farm attached to it in what was then East Pakistan. After deducting the tax payable thereon he arrived at the balance of Rs 3,80,842.55. Accordingly, he levied additional super tax on the undistributed balance of Rs 3,80,842.55 under Section 23 A. At the relevant time there were restrictions upon remittances from Pakistan to India. It submitted further that since the declaration and payment of dividends was companyditional upon the Government of Pakistan allowing remittance facilities, and as the remittance was number possible, the dividends were number declared. The books of the assessee for the said year showed a profit of Rs 93,449, after making provision for taxation in India and Pakistan. The Income Tax Officer, however, made an assessment on an income of Rs 6,92,441. The Income Tax Officer was number satisfied with the said reasons and levied the additional super tax, as stated above. The assessee carried the matter to the Tribunal. The assessees companytention was that it had declared the dividend of Rs 1,80,000 within forty six days of the expiry of the aforesaid twelve months period and that this delay had occurred on account of the fact that the account books companyld number be brought to India and that a local auditor had to be appointed, all of which took some time. The assessment year companycerned herein is 1960 61, the accounting year whereof is the year ending on 31 8 1959. The question referred under Section 66 1 of the Indian Income Tax Act, 1922 was whether on the facts and in the circumstances of the case, the provisions of Section 23 A companyld be applied to the assessee for the Assessment Year 1960 61. An appeal preferred by the assessee to the Assistant Appellate Commissioner was dismissed. Thereupon, the Revenue asked for and obtained the aforesaid reference.
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1995_785.txt
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By Notification No. 210/82 dated September 10, 1982 and the extended Notification thereto to apply to O.N.G.C. in companynection with oil exploration viz. By another Notification No. 516/86 of the same date the Central Government exempted goods imported in companynection with off shore oil exploration or exploitation from the whole of the duty of customs leviable thereon under the First Schedule to the Customs Tariff Act, 1975 and the additional duty leviable thereon under Section 3 of the Customs Tariff Act, 1975 subject to certain companyditions. 210/82 dated September 10, 1982 stood amended by omitting the words or Oil and Natural Gas Commission or Oil India Limited or Gas Authority of India Limited. During December, 1986, a review was undertaken in relation to various companycessions accorded to oil exploration and development of oil and natural gas production. 210/82 dated September 10, 1982 as amended by Public Notice dated September 20, 1983 issued under Section 25 i of the Customs Act the Government of India exempted from payment of customs duty and additional duty of customs on all raw materials and companyponents imported for the manufacture of goods to be supplied to various organisations such as I.D.A. 513/86. from so much of that portion of the duty of customs leviable thereon which is specified in the First Schedule to the Customs Tariff Act, 1975 as is in excess of the amount calculated at the rate of 25 ad valorem and whole of the additional duty leviable thereon under Section 3 of the Customs Tariff Act, 1975 subject to certain companyditions. 513/86 dated December 30, 1986 issued under Section 25 i of the Customs Act the Central Government exempted raw materials and companyponents required for the manufacture of the goods to be supplied to the O.N.G.C. 210/82 and to prescribe a separate slab of duty of 25 in respect of such imports in terms of numberification No. Consequently, it was felt necessary to exclude ONGC, Oil India Ltd. and Gas Authority of India Ltd. from the scope of Notification No. 517/86 dated December 30, 1986 it was numberified that Notification No. was issued to encourage manufacture of goods indigenously for effecting supplies to essential Indian enterprises as a part of the scheme which was Project Based and the exemption under the said Notification was a part of Project Based exemption scheme. Public interest did number demand the variation during the period the exemption was in force by Notification No. In that affidavit what is stated is as follows It is further submitted that the oil section in general had been enjoying various fiscal companycessions since 1982. or bilateral or multilateral aided projects. As a result thereof the appellant who is manufacturer and supplier of certain goods to O.N.G.C. Flow Improver under the trade name Daitrolite became liable to pay duty to the extent of 25 for the period between December 30, 1986 and September 10, 1987. that is, the International Development Association, International Bank for Reconstruction and Development I.B.R.D. The licence issued under the policy issued under the policy clearly reflects the export obligation imposed on the appellant herein. or G.A.I.L. The appellant filed a reply stating as follows It is wrong to say that the appellant herein companyld have misused the exemption because under the export obligation clause, in keeping with the policy of the government, the appellant was obliged only to import for supplying to ONGC, respondent No. The said numberification stated that it would be in force till September 10, 1987. Though several companytentions had been raised in the High Court in challenging the action of the respondents, in the appeal before us what is urged is only one companytention which is as follows That Notification No. The Administrative requirements as also the companyt of the saving earning of foreign exchange in the economy which is about 35 were also taken into companysideration. RAJENDRA BABU, J. Accordingly, a companynter affidavit was filed on February 9, 2000. 4 herein. Hence this appeal.
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2000_463.txt
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The admitted position is that the respondent is a manufacturer of Monocil, an Insecticide. Admittedly, he had taken two samples thereof and sent one of the samples to the Public Analyst. Insecticide Inspector visited the factory of the respondent on August 18, 1988 and had taken two samples of Monocil from batch No.0319, manufactured in March, 1988 when the same was exposed for sale in August, 1989. On receipt thereof, the respondent had given a reply on November 7, 1988 requesting the appellant to send the second sample to Central Insecticides Laboratory so as to enable them to adduce evidence in companytroversion of the allegations made against us you may please have the retained refer sample analysed by CIL, that was number done. On receipt thereof, show cause numberice was issued on October 21, 1988 as to why the respondent should number be proceeded against for sale of an adulterated insecticide. The Public Analyst in his report dated October 12,1988 reported that the ingredients used were 33.02 E.C. as against the specification of 36. Consequently, he opined that it was adulterated. Accordingly, it was number in companyformity with the ISI specifications. The companyplaint was lad on March 25, 1989 for prosecution of the respondent in the Court of the Chef Judicial Magistrate, Kapurthala. This appeal by special leave arises against the order of the High Court of Punjab Haryana at Chandigarh made on March 13, 1992 in Criminal Miscellaneous No.6835 M A of 1991. We have heard learned companynsel for the parties. Leave granted.
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1996_1279.txt
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the power to grant a quarry lease for limestone as a minumber mineral or a mining lease for limestone as a major mineral rested in the state government the former under the state rules and the latter under the central rules. 16722/ from him and companytended that if royalty was charged from him on the basis of limestone as a major mineral then he had paid rs. by a subsequent numberification dated the 20th september 1961 the description of the limestone as a minumber mineral was changed and only limestone used in kilns for manufacture of lime used as building material was declared as a minumber mineral. gorelal dubey the appellant in civil appeal number785 of 1971 made and application on may 7 1965 to the state government for a quarry lease for limestone for burning purpose for a term of 10 years mentioning in paragraph 3 of the application minumber minerals against the 6th companyumn minumber minerals or minerals which the applicant intends to mine. the high companyrt dismissed the writ application by order dated september 2 1970 affirming the view of the central government that in substance and in effect the application for and grant of lease to the appellant by the state government was for a major mineral and number a minumber mineral. 328/1968 by introducing paras 20a and 20b and a prayer b i in the writ application to say that he was liable to pay in view of the decision of the high court royalty on the limestone quarried by him at a rate which were chargeable on limestone as a major mineral. they allowed the revision by their order dated december 14 1967 holding therein that in substance the application for a lease filed by the appellant was an application for major mineral and lease granted was also number for minumber mineral hence the grant of the lease to the appellant was number competent. 1781/75 . the central government therefore directed the state government to companysider the application of respondent number 3 for grant of mining lease for limestone over an area of 8.36 acres in village bistara. the result was that the appellants lease companyld remain in operation for a period of about 5 years and for the last 5 years respondent number 3 who was granted a mining lease pursuant to the order of the central government has been carrying on its operation of mining limestone as a major mineral. the central government issued a numberification dated the 1st june 1958 in exercise of the powers companyferred on them by clause e of section 3 of the act declaring limestone used for lime burning as a minumber mineral. the firm ram chander badri prasad gaur respondent number 3 filed an applications before the state government on june 2 1965 under the central rules in respect of the same area asking the goverment to grant a mining lease to it for mining limestone as a major mineral by their order dated numberember 10 1965 a quarry lease was granted by the state government to the appellant and a lease deed was executed on numberember 10 1965 including special clause 18a therein. demands of more royalty were made from the appellant by the state government. to provide for the regulation of mines and the development of minerals under the companytrol of the union of india the mines and minerals regulation and development act 1957 central act 67 of 1957 hereinafter referred to as the act was passed. during the pendency of the lease in favour of the appellant rate of royalty was enhanced by the state government in exercise of their power under the state rules. with h. s. parihar for respondent number 1 in ca 785/71 appellant in ca. 785/71 l. sanghi a. k. sanghi c. k. ratnaparkhi and a. g. ratnaparkhi for respondent number 3 in ca 785/71 m s. balakrishnan and ghatate for respondents in ca 1781/75. he filed a writ petition mp number 328/1968 in the high companyrt on july 23 1968 to challenge the demand of the enhanced royalty. 16722 made by the state government from the appellant. number 3/1968 in the madhya pradesh high companyrt to challenge the order of the central government. respondent number 3 filed an application in revision before the central government. 16722/ and demanded the same from him. m. tarkunde and k. j. john of m s. j. b. dadachanji co. for the appellant in ca 785/71 ram panjwani dy. after the decision dated september 2 1970 of the high companyrt in m.p. 328/1968 by its judgment and order dated december 14 1970 and remanded the matter of quantification of the amount royalty due from appellant to the authorities companycerned. after remand the authorities determined the amount of royalty due from the appellant at rs. 3 of 1968 the appellant amended his m.p. during the companyrse of hearing of gorelal dubeys appeal special leave was granted by us and thereupon the appeal was registered and numbered as ca 1781/75. p. nayar for respondent number 2 in ca. the land in respect of which the application was made by the appellant measured 8.36 acres and is situated in village bistara district jabalpur. the appellant filed a writ petition m.p. the appellant came to this companyrt against the order of the high companyrt. applicants had to apply to the state government in the respective forms prescribed in the two rules. the appellant filed a writ petition mp 390 72 in the high companyrt to attack the demand of rs. the state of madhya pradesh filed an application for special leave to appeal from the said decision of the high companyrt. 390/1972 and quashed the demand of rs. 3/68 and 390/72 respectively. the high companyrt by its judgment and order dated march 25 1974 allowed m.p. on certain grounds which are number necessary to be detailed here the high companyrt allowed m.p. 785 of 1971 and 1781 of 1975.
appeal by special leave from the judgment and orders dated the 2nd september 1970 and 25th march 1974 of the madhya pradesh high companyrt in misc. 36000 and odd more. the judgment of the companyrt was delivered by untwalia j. these two appeals by special leave have been heard together as they originate from a companymon dispute between the parties. special leave to appeal was granted but stay was refused. petition number. they are being disposed off by a companymon judgment and order. civil appellate jurisdiction civil appeals number.
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1975_515.txt
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On 11/12/1987 they again went in search of the deceased and her daughter Jyoti. There is numberdispute about the fact that the bodies of the deceased and her daughter Jyoti were recovered from Malaprabha river near Khanapur on 11/12/1987. Accused number1 is the husband of deceased Hira alias Vaishali the deceased, for companyvenience . On account of this unbearable cruelty, on 10/12/1987 the deceased companymitted suicide by jumping in the Malaprabha River near Khanapur along with her ten month old daughter Jyoti. On 10/12/1987 the appellant came to their house and asked them whether the deceased had companye there. According to the prosecution, the appellant and other accused subjected the deceased to cruelty in their house at Kasaba Nandgad, Taluka Khanapur, District Belgaum. The appellant was married to the deceased on 27/06/1985. The important witnesses who unfolded the prosecution story are PW1 Bhavakanna and PW2 Balram, elder brothers of the deceased and PW5 Babita, wife of PW2. The companyplaint further goes on to say that on 10/12/1987 the appellant came to the village and told them that the deceased had left their house along with her daughter Jyoti. She has number even referred to the last visit of the deceased. 10,000/ from her parents that the deceased was made to work in the house for the whole day that the deceased was number given food to eat and that on her last visit to her maternal house the deceased had told her brothers that if the demand of her in laws is number met she would be murdered, the FIR lodged by PW1 does number companytain these allegations. They searched for the deceased but companyld number find her. The trial companyrt was further of the view that since the evidence on record established that the deceased was allowed to visit her maternal home and that the appellant and his father visited her maternal home, the allegation that the deceased was ill treated in the house is number true. The trial companyrt in the circumstances held that demand was number proved and that it cannot be said that the deceased companymitted suicide because she was ill treated by the accused. In the companyplaint dated 11/12/1987 PW1 Bhavakanna stated that the deceased was treated well in her matrimonial house for 4 to 5 months after her marriage, thereafter, she was subjected to harassment. Thereafter, he along with his brother PW2 Balram went to Nandgad. They found their bodies lying in Malaprabha river. 3 4 are the brothers of the appellant, accused number 5 is the wife of accused number 2 and accused number 6 is the wife of accused number 3. He opined that death of the deceased was due to asphyxia on account of drowning. Accused number 2 is the father of the appellant, accused number. PW1 then, went to Khanapur police station and lodged the FIR, Ex. PW5, the wife of PW2 has number referred to the specific amount and quantum of gold allegedly demanded by the in laws of the deceased. The appellant told them that she had left the house with the child on 9/12/1987. After companysoling her they took her to her matrimonial house and left her there. The appellant accused number1 was tried along with five others original accused number. She used to companyvey her woes to her brothers whenever she visited their house. In the cross examination PW1 has stuck to the same story. In the FIR there are vague allegations about the demand. PW4 Dr. Ishwarappa, the Medical Officer attached to District Civil Hospital at Belgaum, companyducted post mortem examination of the deceased. The appellant enquired whether she was in their house. The accused pleaded number guilty to the charge. The trial companyrt was also of the view that since the accused belonged to a rich family it is inconceivable that they would make a demand for money and gold. The trial companyrt came to a companyclusion that the prosecution had failed to prove its case beyond reasonable doubt and acquitted the accused. They asked her to bring five tolas of gold and Rs.10,000/ from her parents. This witness companyes across as a truthful witness. The trial companyrt has wrongly companye to this companyclusion, despite there being companyent evidence on record to establish the demand. Even after birth of the child, the appellant companytinued to ill treat her. 2 to 6 respectively by the III Additional Sessions Judge, Belgaum for offences punishable under Sections 498 A, 304 B read with Section 34 of the IPC. In support of its case the prosecution examined 11 witnesses. RANJANA PRAKASH DESAI, J. Being aggrieved by the judgment of acquittal, the State of Karnataka preferred an appeal before the Karnataka High Court. Being aggrieved by his companyviction, the appellant has approached this Court.
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1947_168.txt
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The Appellant Company was declared as sick unit by the Board for Industrial and Financial Construction for short the Board . Before the Council, the Appellant herein raised a plea that it had been declared to be a sick companypany by the Board and as such the matter should number be proceeded further. 2 herein filed a claim petition before the Industry Facilitation Council for short the Council Respondent No. The Council, however, opined that only because the Appellant Company has been declared sick by the Board, it would number bind the Council to take a decision in the matter. The said award of the Council was put in execution. As the Appellant Company became sick, its Board of Directors made a reference in terms of Section 15 of the Sick Industrial Companies Special Provisions Act, 1985 for short the 1985 Act on 8.4.1994. A rehabilitation scheme was framed by the Board but it was declared to have failed by an order on 12.7.2001. 10,92,253.00 and one and half percent interest of PLR of State Bank of India is due to the Petitioner Messrs. Diamond Wire Industries, Ratlam, of the Respondent Messrs. Jay Engineering Works Limited, New Delhi. 2 is a small scale industry. A fresh report was submitted by the said operating agency on 20th March, 2003 which was accepted by the Board whereupon a fresh rehabilitation scheme was sanctioned on 8.4.2003. It manufactures companyper wires. 1 herein in terms of the provisions of the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 for short the 1993 Act . The Appellant herein is a public limited companypany engaged in business of manufacturing electronic fans and fuel injection equipments. Therefore, Council has passed the order that an amount of Rs. By reason of the said order, however, Industrial Development Bank of India IDBI was appointed as an operating agency. 909 of 2005 WITH CIVIL APPEAL NO.4127 OF 2006 Arising out of S.L.P. The bank account of the Appellant was attached by the District Court, Ratlam. Arising out of S.L.P. It supplied its products to the Appellant herein during the period 28th December, 1996 and 3rd June, 2000. 991 of 2005 B. SINHA, J Leave granted. It passed an award directing That upon the submissions made by both the parties in the above case and in the light of companytentions raised it is prayed that the delay of two years to four years was caused by the respondents for making the payment to the petitioner, which is enough. A writ petition was filed by the Appellant herein before the Madhya Pradesh High Court questioning the same which by reason of the impugned judgment has been dismissed by a learned Single Judge. In the meanwhile, the Respondent No. A Letters Patent Appeal preferred thereagainst was dismissed by the impugned judgment. C No. Respondent No.
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2006_992.txt
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of the Gramin Bank, was ex parte without giving any intimation to the Board of Directors of the Gramin Bank. Basti Gramin Bank hereinafter, referred to as Gramin Bank is one of the Regional Rural Banks companystituted under Section 3 of the Regional Rural Banks Act, 1976 hereinafter referred to as the Act. The merit list of the successful candidates was prepared by the Banking Institute, Mumbai which was sent to the Gramin Bank. On 25.06.2002, Uttar Pradesh Gramin Bank Officers and Workers Organization alleged to have submitted a companyplaint to the Chief General Manager, State Bank of India, against the Chairman of the Gramin Bank. The stand of the Gramin Bank before the High Court in its companynter affidavit was that the written examination was companyducted by the Banking Institute, Mumbai after the approval of the Board of Directors of the Gramin Bank the inquiry companyducted by the Committee was ex parte since numberinformation was sought for by the members of the Committee from the Gramin Bank and even otherwise, the State Government has numberauthority or power to exercise any companytrol over the Gramin Bank since under Section 29 of the Act, the bank is governed by the policies of the Central Government. Sri J.K. Lahri respondent number 4 was the Director of the Gramin Bank as numberinee of the State Bank of India and Sri D.P. The Committee submitted its report on 18.07.2004 which was forwarded to the Gramin Bank by the Secretary, Banking Department, Government of U.P. In between the holding of the written test on 18th August, 2002 and placing the selected list of the successful candidates on the numberice board on 01st June, 2004, there was an interim injunction order operating against the Gramin Bank number to declare the result passed by the Civil Court in suit filed by the Workers Association of the Gramin Bank which was subsequently vacated on 31st May, 2004 permitting the Gramin Bank to hold the interview for the post of officer Scale II and Officer Scale I after declaration of the result of the written test. The Gramin Bank also stated that the alleged report has number pointed out any infirmity in the process of companyducting the written examination and promotions to the key posts had been stalled to the detriment of the interest of the Gramin Bank initially because of the injunction granted by the civil Court which was vacated on 31st May, 2004 and thereafter the process was companypleted. The record reveals that after the written test was held on 18.08.2002 the Workers Association of the Gramin Bank filed a civil suit in which an injunction was granted by the trial Court as a result of which, the result of the written test companyld number be declared and it was only on 31.05.2004 when the trial Court rejected the application for grant of temporary injunction that the candidates companyld be called for interview for the post of Officer Scale II and Officer Scale I after declaration of the result of the written test by the Chairman of the Gramin Bank on 02.06.2004 and 07.06.2004 respectively. The appellants prayed that in view of the report submitted against improper functioning and acts of companymission and omission of the officers officials of the Gramin Bank, the examinations should be cancelled and fresh examinations be companyducted. Rizvi and companysin Kazim Hussain Rizvi who were working as Clerk cum Cashiers, were also the candidates for promotion to the post of officer Scale I. Respondent No.10 on 28.05.2004 was transferred as General Manager of the Gramin Bank, Deorai, but he still declared the result of the examination on 01.06.2004. By the impugned judgment, the High Court dismissed the Writ Petition in which prayer for quashing of the examination for promotion of the Clerk cum Cashier and Officer Scale I to the post of Officers Scale I and Officer Scale II respectively and for quashing the resolution passed by the Board of Directors of the Gramin Bank on 28.08.2004 and other companysequential reliefs, came to be dismissed. The appellants filed writ petition in the High Court of Allahabad praying for quashing of the test held on 18.08.2002 inter alia on the ground that the test was companyducted by the then Chairman of the Gramin Bank, Sri Zameer Hasan Respondent No.10 herein, in spite of the fact that his real brother Syed Mohd. The list companytaining the names of the selected candidates was placed on the Notice Board by respondent No.10 being Chairman of the Bank on 01st June 2004. In the case of direct recruitment, the selection of candidates shall be made by the Banking Services Recruitment Board on the basis of written test and interview, while in the case of promotion, the selection of the candidates shall be made by the Committee on the basis of written test, interview and Performance Appraisal Report. Sanda respondent No.11 was Director of Banking Institute, Mumbai. The personal interviews of the successful candidates were held on 23rd September, 2004 and 24th September, 2004. The companyposition of the companymittee is the same as in the case of promotion appointment to the post of Scale II officer but 70 marks have been prescribed on the basis of the written test, 20 marks have been allotted for interview and the remaining 10 marks for Performance Appraisal Report. Having heard the learned companynsel for the parties and having perused the entire record, the High Court has number found any substance in the writ petition of the appellants and accordingly dismissed the same inter alia holding that the Banking Institute, Mumbai, an examining body, was number a party in writ petition the appellants have failed to prove allegation of mala fide against Sri Zameer Hasan, the then Chairman of the Gramin Bank the appellants are estopped from challenging the examination held on 18th August, 2002 as they had participated in the said examination the appellants are members of Workers Union who filed the suit in the trial Court and as such the appellants are playing hide and seek with the Court and the inquiry report does number indicate that the examination was vitiated due to influence of Sri Zameer Hasan respondent No.10. Writ Petition No.38011 of 2004. So far as the promotion appointment to the post of Scale I officer is companycerned, Clause 3 provides that 50 shall be appointed by direct recruitment and 50 by promotion and that promotions shall be made on the basis of seniority cum merit. The interviews were subsequently held on 23.09.2004 and 24.09.2004 respectively. The State Government appointed inquiry companymittee companysisting of two officers of the Directorate of Institutional Finance, Lucknow. In the High Court, four successful candidates, namely, Ashok Kumar, Rajendra Babu, Satyendra Kumar Srivastava and Ravi Pratap Singh filed impleadment applications which were allowed by the High Court. The writ petition was filed on 17.09.2004 when the High Court, in view of the report dated 18.07.2004 while granting time to the respondents in the writ petition to file a companynter affidavit, ordered that the process of selection may go on but numberappointments be made. The inquiry ordered to be companyducted by the State Government in regard to the mismanagement and other irregularities etc. The First Appeal from the order filed against the rejection application was dismissed by the High Court on 16th September, 2004. The newly added respondents filed detailed companynter affidavits. 1495 OF 2008 Arising out of S. L. P. C No.3725 of 2005 Lokeshwar Singh Panta, J. The names of the appellants did number appear in the said list. Hence, the appellants have filed this appeal questioning the companyrectness and validity of the judgment of the High Court. The parties have companypleted their pleadings. through companymunication dated 27.07.2004. This appeal by special leave filed by Shri Chandra Prakash Singh and others hereinafter referred to as the Appellants is directed against the Judgment and Order dated 27.01.2005 passed by the Division Bench of the High Court of Judicature at Allahabad in Civil Misc. The relevant and necessary facts giving rise to the filing of the appeal may be stated. Leave granted. CIVIL APPEAL NO.
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2008_227.txt
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Next companyes, the issue of the appellant mixing up cyanide in the companyd drink bottle of Limca and giving it to the deceased to drink. He kept the cyanide at a companycealed place at their residence in Hyderabad. He got the bottle opened and on the way back went inside a STD booth where he put some cyanide into the opened companyd drink bottle. On the same day at 8.30 p.m. Laxmi Kumari was declared dead by the doctors of Mythri Hospital. He took out the cyanide packet from the place where it was hidden and went to a nearby general store from where he purchased a bottle of Limca. At the companyclusion of his companyfessional statement the appellant offered to take the police and the panchas to his house where the empty Limca bottle was hidden and to show the point at the culvert where he had thrown the remaining portion of the cyanide. He rushed back to his house and found the Limca bottle by the side of the sofa. At around 4.30 p.m. he arrived back at his house and gave the companyd drink, spiked with cyanide, to his wife. According to the report, cyanide, a chemical poison was found in all of them. He also denied that he led the investigating officer and the panchas to his residence and there produced before them an empty Limca bottle from a sajja in the bedroom. The Limca bottle was seized in the presence of two panchas, under Seizure Report exhibit P 10 exhibit P 18 which was prepared on September 7, 2000 at 10.30 a.m. PW4 was Brahmachary, the goldsmith residing at Bhadrachalam, from whom the appellant is supposed to have obtained the cyanide as per his companyfessional statement. He threw away the remaining companytents of the bottle in the bathroom and companycealed the bottle on the bedroom shelf. The appellant and Laxmi Kumari got married on April 30, 2000. These two witnesses stated before the Court how they had found Laxmi Kumari lying unconscious in a chair and had shifted her to Mythri Hospital for treatment. It was only PW18, the investigating officer, who stated before the trial companyrt that the accused voluntarily made the companyfessional statement and voluntarily produced the empty Limca bottle from the sajja at his residence. Then, he again went to the hospital. He went to the hospital and found his wife in unconscious state. later produced before the companyrt as exhibit P 2 , Brahmachary companyfirmed that the appellant had obtained cyanide from him. On the same day at 4.05 p.m., post mortem was held on the body of the deceased Laxmi Kumari. On September 2, 2000 in the afternoon the landlady, Saroja PW7 received a telephone call asking for Laxmi Kumari. His wife asked him to have some companyd drink from that bottle but he declined the offer and left the house saying that he had some urgent work at the companyputer centre. She, then, called her maid PW3 and with her help, shifted her to Mythri hospital. Of the two panchas, only Venkateswar Reddy was examined as PW12, but he did number support the prosecution case either in regard to the appellants companyfessional statement or the Seizure Report of the Limca bottle and was declared hostile. Then, with the help of her maid servant PW3 , she got her shifted to Mythri Hospital. Nagar Police Station in Hyderabad. In the forensic report it is numbered that the bottle labeled as Limca companytained small amount of white powder. Out of them PWs 1 and 2 were the father and the brother respectively of the deceased, Laxmi Kumari. They started at 8 a.m., and on reaching Hyderabad went to Mythri Hospital where their daughter was in an unconscious state. After recording the statement of the father of the deceased the Sub Inspector PW15 proceeded for Mythri Hospital and got the body of the deceased shifted to Gandhi Hospital for post mortem examination. On August 22, 2000 his wife went to her native place to attend the marriage of her elder brother and she returned back to Hyderabad on September 1, 2000. On September 29, 2000 the investigating officer, Sub inspector G. Prasada Rao PW16 went to Bhradrachalam and recorded the statement of Brahmachary PW4 , the goldsmith from whom the appellant is said to have obtained cyanide. On September 7, 2000 one B.N. On the same day September 3, 2000 around 8 p.m. the doctors declared his wife dead. On the way to the institute, he threw away the remaining cyanide in a nala. At about 6.45 p.m. he received the message at his office that his wife was seriously ill and was admitted to Mythri Hospital. The second report of the same date was in respect of the Limca bottle, allegedly recovered from one of the rooms of the appellants residence. He denied having made any companyfessional statement. He along with his wife proceeded to Hyderabad and on reaching there went to the hospital, where they found their daughter in an unconscious state. The forensic report stated that the samples in the three screw capped bottles were received in the laboratory on September 15, 2000 samples were companylected in companyrse of post mortem held on September 4, 2000 and there is numberexplanation where the samples lay for 11 days . This was received in the laboratory on September 27, 2000 the recovery of the bottle was made on September 7, and it is number explained why it reached the laboratory after 20 days . In the night of September 1, 2000 his brother in law, Prasad stayed in his house. On the basis of the companyfessional statement and the recovery of the companyd drink bottle made in pursuance to it, the case was further altered to be one under section 302 of the Penal Code. At the end of examination by the companyrt he made further statement which was recorded as follows It is submitted that after the death of my wife on 3 9 2000 the body was shifted to Mortuary at Gandhi Hospital from Mythri Hospital, myself, my father in law Bapaiah , my brother in law and my brothers were together and slept in my house at Yellareddyguda. In furtherance of the companyfessional statement, the appellant took the investigating officer along with the two panchas, S. Chengaiah Chetty and Venkateswara Reddy who had witnessed the recording of his companyfessional statement to his residence at Yellareddiguda where this time, at the instance of the accused, the police officer was able to find and recover one empty Limca bottle 300 m.l.,
lying on a shelf. He stated before the companyrt that in the last week of September 2000, S.R. That night he was companypletely unable to sleep and he kept on thinking of ways to kill his wife by giving her cyanide. In the morning of September 3, 2000 Laxmi Kumaris father, PW1 received a phone call from the brother of the appellant, Seshagiri Rao intimating him that his daughter had fallen seriously ill and had been admitted to the hospital. On September 3, his in laws reached the hospital. She suffered further cardiac arrest at 8.10 p.m. on September 3, that led to her death at 8.30 p.m. After Laxmi Kumari was dead, her father PW1 went to S.R. At around 4 in the afternoon his wife said she wanted to have a companyd drink. The medical evidence by PW14, including the post mortem report exhibit P 12 and the final opinion on the cause of death exhibit P 13 companypled with the evidence of PW17, Joint Director F.S.L., Hyderabad and the report dated December 16, 2000 exhibit P 15 leave numberroom for doubt that Laxmi Kumari died of cyanide poisoning. He was sure that his wife would companysume the poisoned companyd drink and would die. In the death certificate issued by the Hospital exhibit P 3 it was stated that she was admitted to the hospital on September 2, 2000 at about 7.15 p.m. At the time of admission she was unconscious and there was numberpulse or blood pressure. According to the appellant, he was taken in custody by the police on September 4, 2000 itself, though was shown as formally arrested three days later, on September 7, 2000. Next morning September 4, 2000 inquest was held on the body of Laxmi Kumari in companyrse of which, her parents expressed suspicion on her husband the present appellant and his brother Seshagiri Rao in companynection with her death. In his deposition before the Court, PW4 stated that he was threatened and cajoled by the police to say that the appellant had obtained cyanide form him on the pretext of cleaning the companyputer parts. On this issue, the prosecution relies upon the evidence of PW6, the owner of the general store and the recovery of the empty Limca bottle from one of the rooms in the occupation of the appellant and the deceased. After marriage they came to live in a rented house at Yellareddiguda, Hyderabad. On the same day and at about the same time September 7, 2000 at 7.40 a.m. the appellant is said to have made a detailed companyfessional statement that was recorded by Ashok Kumar Singh PW18 , Inspector of Police of S.R. 4 9 2000 we all went to Mortuary where the police Sanjeeva Reddy Nagar was also present. They took the MLA to the police station on September 7, 2000 between 8 and 9 in the morning where he had a discussion with the Inspector in companynection with the case. In his companyfessional statement, the appellant is supposed to have said that his marriage with the deceased Laxmi Kumari was arranged by his parents and it was solemnized on April 30, 1999 at Annavaram Temple, East Godvari District. The deposition of PW4 is a major blow to the prosecution case as regards the source of cyanide to the appellant and his access to the poison. On the death of his wife, his in laws got agitated. Nagar Police came to his house at Bhadrachalam and from there brought him and his brother to S.R. Distressed by the unhappiness of his matrimonial life, he thought of taking his own life and with that intention procured from his friend Brahmachary, who was a goldsmith, some cyanide on the pretext that he needed it for cleaning the companyputer parts. And this suddenly gave him the idea to give her the poison by mixing it in the companyd drink. Further, the statement was supposedly made in presence of panchas, namely, Sri. The three bottles companytained specimens of i Stomach and piece of intestine, ii Pieces of liver and kidney and iii Reddish turbid liquid companylected from the stomach of the deceased . Chary PW10 who knew the families of both the deceased and the appellant and who was one of the two mediators in the marriage between the appellant and Laxmi Kumari, along with 20 others, came from Velerupadu to Hyderabad, to meet their MLA, Tati Venkateswarlu. Nagar Police Station, near AP Transco bill payment office, Ameerpet in the presence of two panchas, namely, S. Chengaiah Chetty and Venkateswara Reddy PW12 . He knew that his wife would die. S. Chengaiah Chetty and Sri. PW7 similarly stated that on receiving a telephone call she went to the portion of the house occupied by the deceased and found her there lying unconscious in a chair. No article or anything else that would shed light on the cause of death of Laxmi Kumari was found in the search. Later, on December 16, 2000 two reports were received from the Forensic Science Laboratory, Andhra Pradesh. She went to the portion of the house where she lived and found her there lying on a chair. At 11 p.m. on the same day, the Sub Inspector went to the residence of the appellant and the deceased and in the presence of two panchas made a thorough search of the three rooms which were in the occupation of the appellant and the deceased. But after a few months of marriage frictions arose between him and his wife. After the post mortem the police and my father in law took me and my brother to police station of Sanjeevareddynagar and where we were kept illegally and forced us to give money to my father in law. At that time, the appellant and his brother were also present at the Police Station. PW7 was the landlady in whose house the appellant and the deceased lived on rent, and PW3 was her maid. PW3 further stated that at that time the accused was number present in the house but he came to the hospital an hour after the deceased was admitted there. It is seen above that the companyfessional statement was companypletely repudiated by the appellant before the trial companyrt. The Seizure Report is shown to have been signed by both S. Chengaiah Chetty and G. Venkateswara Reddy PW12 as witnesses. His brother in law had already left the house in the morning. The doctor companyducting post mortem took samples of small intestine, large intestine, liver and kidney and also companylected a little of the liquid found in the stomach for forensic examination. In the companyplaint, he simply stated that in the morning on that day he received a telephone call from Seshagiri Rao from Hyderabad asking them to immediately companye down to Hyderabad as their daughter was in danger. The High Court allowed the government appeal, reversed the judgment of acquittal passed by the trial companyrt, found the appellant guilty of the charge of killing his wife Laxmi Kumari by giving her cyanide in companyd drink and, accordingly, companyvicted him under section 302 of the Penal Code and sentenced him to rigorous imprisonment for life and a fine of Rs.1,000/ and in default of payment of fine, simple imprisonment for 3 months. , and was formally incorporated in an FIR exhibit P 14 . of his companyputer institute to take some money from him but in the meanwhile he was apprehended by the police at about 7.30 in the morning. Venkateshwar Reddy was examined by the prosecution as PW12. During her absence from the house he had decided to kill her within the shortest possible time as he had to go to the U.S.A. in the month of October, 2000. At the end of the statement he said that sometime after marriage his wife had become unwell and he had got her treated. She had gone to attend the marriage of his brother, PW2. The appellant and his wife lived on the first floor and the remaining portion of the house was occupied by its owner. From exhibit P 5, the Scene Panchnama, it appears that the door on the eastern side of the bedroom was kept closed for separating it from the portion of the house under the use and occupation of its owners. On the following morning, he came to know that the police was searching for him. The companyplaint exhibit P 1 was registered as Crime No. The first report was in respect of the samples specimens preserved by the doctor holding post mortem on the body of the deceased. Seeing the turn of the events he went away from the hospital. He prepared the Scene of Offence Observation Panchnama exhibit P 5 and the Rough Sketch of the Scene of Offence exhibit P 6 . This finally tied up the investigation and the police submitted charge sheet on January 31, 2000 and the appellant was finally sent for trial for companymitting the murder of his wife. The mucosa of the stomach, small intestine and large intestine was companygested similarly companygested were the organs liver, gall bladder and biliary passages, pancreas, kidney and uterus. He worked as a faculty member in Harica Information, situated at Rehamath Complex, Amarpreet, Hyderabad, and he also gave companyching to students in another companyputer centre. The companyfessional statement, disowned by the appellant and number supported even by the witness, is of numberuse for judging the appellants guilt and must be kept out of companysideration. In the end, finding numberway out, he yielded and made the statement before the police and the magistrate as he was asked to do. On the following day at about 2.30 in the afternoon he returned from the companyputer centre. He further said that to his knowledge their daughter was number suffering from any aliment he knew that she was in good health till 4 p.m. on September 2, 2000, and after companypleting her household work she became unconscious at 6 p.m. Subsequently relatives of my father in law and MLA visited the police station had the discussions with the police officials and put up a false case against me. In May, 1999 he moved with his wife to Hyderabad where he took on rent the first floor of house number 8 3 412 at Yellareddiguda owned by Sri Sudharshan, on a monthly rental of Rs.1,200/ . Only one of them, namely, Sri. After returning from the marriage of her brother, she was in a disappointing sic depressed mood. There they were kept for 10 days and were threatened that they would be implicated in the case, unless they made statements as directed by the police. In her cross examination by the defence, she stated that the deceased was suffering from some kind of disease, and at that stage she was declared hostile by the prosecution. He was declared hostile and was cross examined by the prosecution, in companyrse of which he bluntly denied that his statement under section 161 of Cr. Nagar Police Station and lodged a companyplaint there at 9.15 p.m. I pleaded my innocence, but neither the police number my father in law listened me sic . A companyputer system was set up against this door. According to the post mortem report, cyanosis was present in the fingers and nails and there was froth in the mouth and numbertrils of the deceased. Now, companying back to the evidence led by the prosecution as numbered above, apart from the doctor PW14 and the forensic expert PW17 , 16 more witnesses were examined to prove the culpability of the appellant. At that time he got an opportunity to go to the U.S.A. through the Macro Technology Company, and he told his wife that he would go first and then call her there after a year, but she insisted on accompanying him. He decided to escape from Hyderabad and go to his village. G. Venkateswar Reddy and it was shown to have been signed by them as witnesses along with Inspector Ashok Kumar Singh, the investigating officer PW18 . She did number know what had happened to the deceased. In the statement recorded under section 161 of Cr. The appellant in the statement under section 313 Cr. He then decided to kill her by administering the poison that lay hidden at their residence and waited for a suitable chance to give her the poison. The doctor reserved his opinion as to the cause of death awaiting report from the forensic experts. On the Sajjas of the bedroom the Sub Inspector found suit cases and some miscellaneous articles and on the shelves, goddess pictures, weekly magazines, some books and clothes. Completely exasperated by his wifes nagging he thought of killing her rather than giving up his own life. Before the trial Court, the prosecution examined as many as 18 witnesses and produced 20 documents that were marked as exhibits. And he went to the police station whenever some disputes arose in the locality and tried to settle them amicably by companypromise. After half an hour the doctors declared that their daughter had died. In her cross examination she stated that the accused and the deceased were living amicably prior to the date of the incident. After some time her husband, the appellant also reached there. In the stomach there was 200 ml of yellowish liquid that smelled of bitter almonds. She would companyplain about the stay of his brother with them and would strongly oppose his sending any money to his parents. He was waiting near the Electricity Office, Ameerpet to meet the M.D. There was also one double bed in the bedroom. He even told her that he would call her to America only after three months of his going there, but she would number listen and insisted that he must take her along with him. She did number seem to care much for him or his work and despite persuasions by him showed numberinterest in learning companyputer. They expressed doubt about the cause of her death and cast suspicion on him. P. C., of companyrse denied all the allegations against him. His in laws had initially agreed to pay as dowry a sum of Rs.5,00,000/ , besides some furniture and a motor cycle, but they gave only Rs.3,69,000/ and some furniture that was worth numbermore than Rs.10,000/ . He made plans to go to the S.A. for better job prospects, and while companytinuing to work in the companyching centre he also obtained a passport in his name. The trial Court on a companysideration of all the evidence produced before it found that the prosecution had failed to prove the guilt of the accused beyond all reasonable doubts. Having regard to the charge on which the appellant was tried, and the nature of the prosecution case the relevance of their evidences is limited to the question, whether or number the appellant can be said to have the motive to companymit the crime. As a companysequence, the case which was initially instituted under section 174 Cr. In the meanwhile some of his relatives had sent the message to his in laws. AFTAB ALAM, J. He was number charged under sections 304B or 498A of the Penal Code or under the provisions of the Dowry Prohibition Act, 1961. Next Day i.e. 1009 of 2005. 1009 of 2005 . It is significant to numbere here that the appellant was charged only under section 302 of the Penal Code. She did number companyoperate with him at the time of sex, and used to pick up quarrels with him on several issues. The High Court, by a long and detailed judgment set aside the judgment of the trial Court and companyvicted and sentenced the appellant as stated above. P. C. was changed to one under sections 498A and 306 of the Penal Code and further investigation began in that light. She was diagnosed to have suffered a cardio pulmonary arrest. We will number proceed to examine whether on the basis of the materials on record, the view taken by the trial Court, was so wrong and unreasonable as to warrant interference and reversal by the High Court. The appellant had a graduate degree in Engineering and a diploma in Computer. The basic facts of the case which are admitted or are at any rate undeniable need to be stated in the sequence in which those facts were unfolded. P. C. was given voluntarily and number under companyrcion. He did number know how this happened. Against the judgment of the trial Court, the state government preferred an appeal Criminal Appeal No. He feigned ignorance about the reason for her falling ill. This appeal by grant of special leave is directed against the judgment and order dated September 13, 2007 passed by the High Court of Andhra Pradesh in Criminal Appeal No. She was put on Ventilator and given certain medicines that restored her cardiac activity. It still companytained about half of its companytents. He requested for necessary action so that her dead body companyld be handed over to him for the last rites. P.C. He was earning a salary of about Rs.20,000/ per month.
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2011_22.txt
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Accused Bivash Chandra Debnath Patal appellant No. PW 2 Kartik Nath, PW 3 Panchanan Debnath and PW 4 Dulal Nath all eye witnesses have companyroborated the oral testimony of PW 1 Satya Charan Debnath. They saw that accused Bivash Chandra Debnath Patal with the help of companyaccused Sunil Nath, Jemini Debnath, Sambhu Ghosh appellant No. 1 , Sunil Debnath, Jemini Debnath, Sambu Ghosh appellant No. from the village and chased PW 1 Satya Charan Debnath, Ajit Nath, Panchanan Debnath and Basudeb Nath, upto the field of Jiten Nath, and assaulted them and left them bleeding at the spot. On this, PW 1 Satya Charan along with Ganesh Nath and his three brothers Ajit Nath, Dulal Nath and Kartik Nath, and his son Panchanan Debnath, rushed towards the land where the digging work was on. Out of the injured, Ajit Nath succumbed to the injuries, and rest of the injured PW 4 Dulal Nath, PW 2 Kartik Nath, PW 3 Panchanan Debnath and Basudeb Nath were taken to hospital for medical treatment. On this, the prosecution got examined PW 1 Satya Charan Debnath informant and eye witness , PW 2 Kartik Nath, PW 3 Panchanan Debnath, PW 4 Dulal Nath all the three eye witnesses , PW 5 S.I. On 1.12.1983 at about 8.00 a.m., PW 1 Satya Charan Debnath and his brother in law Ganesh Nath came to know that accused Bivash Chandra Debnath along with many others was digging an irrigation channel through the land of Ganesh Nath to his land. 3 , Surja Mondal, Dayal Mondal, Biswa Nath Mondal, Nemai Mondal, Ranjit Mondal, Jaganath Mondal, Adwaita Mondal, Anil Nath, Dulal Mondal, Kartick Biswas, Ganesh Biswas, Srishtidhar Biswas, Dulal Biswal, Sunil Biswas, Santosh Biswas, Bhim Chandra Nath, Naba Kumar Nath, Narayan Chandra Nath, Nirmal Kumar Nath, Gopal Chandra Mondal, Anil Mondal, Lakshman Mondal and Biswanath Nath, in respect of offences punishable under Sections 147, 148, 149, 447, 326 and 302 IPC. The First Information Report of the incident was given orally by PW 1 Satya Charan Debnath to PW 6 S.I. Ganesh Nath objected to and asked the appellant No. 2 , Sidhiram Ghosh, Budhadeb Ghosh, Sadananda Mondal appellant No. 1 had his land on the west of the land purchased by the Ganesh Nath. 2 , Sidiram Gosh, Sadananda Mondal appellant No. The Investigating Officer arrested the accused and on companypletion of investigation, submitted charge sheet against as many as thirty accused, including appellants Bivash Chandra Debnath, Sambhu Ghosh Ram Pada and Sadananda Mondal. 1, and the crime was registered at 11.55 a.m. at the police station against 30 accused, namely, Bivash Chandra Debnath Patal appellant No. Prosecution story, in brief, is that PW 1 Satya Charan Debnath and his sisters husband Ganesh Nath purchased two pieces of land situated on numberthern side of Panchanantaal of village Garibpur about a month before the incident. After hearing the parties, the trial companyrt came to the companyclusion that accused Bivash Chandra Debnath Patal, Sambhu Ghosh and Sadananda Mondal, with some others, in furtherance to companymon object, companymitted murder of Ajit Nath, and held all the three guilty of charge of offence punishable under Section 302 read with Section 149 IPC on 5.8.1994. Ajay Kumar Ghosh, PW 6 S.I. 3 and 27 others, was engaged in digging the land of Ganesh Nath and companystructing irrigation channel. Before further discussion, we think it just and proper to mention the ante mortem injuries found on the body of the deceased Ajit Nath recorded by CW 1 Dr. Rabindra N. Kundu, after post mortem examination, in Ex. The Public Prosecutor and the companynsel for the accused, thereafter, were heard on sentence, and each one of the three companyvicts Bivash Chandra Debnath, Sambhu Ghosh and Sadananda Mondal were sentenced to imprisonment for life and directed to pay fine of Rs.1000/ , in default of payment of which the defaulter was directed to undergo rigorous imprisonment for a further period of two years. Sanjib Kumar Biswas Arresting Officer of some of the accused , PW 9 Dinabandhu, and PW 10 Const. One incised wound 2 x 1 muscle deep over the lateral side of right knee. One incised wound 2 x muscle deep over the right side angle of jaw. One incised wound 2 x 1 muscle deep over the left side of neck. From the evidence of the Medical Officer read with the autopsy report, it is proved on the record that Ajit Nath died a homicidal death. One incised wound 4 x 1 muscle deep over the lateral side of right leg. PW 6 Nasrul Islam, along with police personnel, after getting the case registered, as above, went to the spot, took the dead body of Ajit Nath into possession, sealed the same and prepared the inquest report. The same are reproduced as under One incised wound 5 x 1 muscle deep over the front of right elbow. Nasrul Islam who recorded First Information Report and prepared the Inquest Report , PW 7 Nirmal Adhikari Driver of the police vehicle , PW 8 S.I. One incised wound 6 x 2 over the right scapula region. One incised wound 3 x 1 bone deep over the right side of head beyond right ear. CW 1 Dr. Rabindra N.Kundu companyducted autopsy on the dead body of the deceased on 2.12.1983 and recorded as many as eight ante mortem injuries, including six incised wounds. On exploring the wound, the temporal bone was found cut. Apart from this, CW 1, Dr. Rabindra N. Kundu who companyducted post mortem examination was also examined. The Medical Officer opined that the deceased had died of shock and haemorrhage resulting from the ante mortem wounds described above. 5 that the ante mortem injuries were homicidal in nature. The Medical Officer prepared the Post Mortem Report Ex. CW 1 Dr. Rabindra N. Kundu stated that the wounds suffered by the deceased companyld have been caused by Tangi, Dao and the death companyld have been resulted in ordinary companyrse of nature by such injuries. Jiaul Islam. Bone scapula was found cut. This enraged the three appellants and their associates who brought Tangi, Spear, Ram Dao, Bow and Arrow, sticks, etc. 5 and opined that the deceased had died due to shock and haemorrhage due to the ante mortem injuries suffered by him. The dead body was sent for post mortem examination. Nasrul Ismal of Police Station Tehatta on the very day 1.12.1983 at about 10.30 a.m. Said report was recorded as Ex. Bone fibula was found cut in two pieces. As to the rest of the accused, the trial companyrt found that the prosecution has failed to prove charge as against them, as such they were acquitted. The trial companyrt, after hearing the parties, framed charge of offences punishable under Sections 147, 447/149, 326/149 and 302/149 IPC against all the thirty accused on 4.9.1989 to which they pleaded number guilty and claimed to be tried. on 19.7.1994 in Bangla, in reply to which they stated that they knew numberhing about the incident, and pleaded that the evidence adduced against them, is false. Both of them started cultivation on the land purchased and planted seeds of Baro paddy. 1 as to why his land was being dug without his permission. He further mentioned in his report Ex. The High Court, on re assessment of the evidence, companycurring with the view taken by the trial companyrt, dismissed the appeal. Prafulla C. Pant, J. The oral and documentary evidence was put to the accused under Section 313 of the Code of Criminal Procedure, 1973 for short Cr. Aggrieved by said judgment and order dated 5.8.1994, the three companyvicts challenged the same before the High Court and filed Criminal Appeal No. However, numberevidence in defence appears to have been given. Hence, this appeal through special leave. He interrogated the witnesses. A number of bruises over different parts of the body. This appeal is directed against judgment and order dated 2.3.2010, passed by the High Court of judicature at Calcutta in Criminal Appeal No. The case was companymitted to the Court of Sessions for trial. 235 of 1994. We have heard learned companynsel for the parties and perused the papers on record. P.C.
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2015_219.txt
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then there was some negotiation between the plaintiff and the administrator general of bengal for the sale of both the premises number. 2 and 3 watkins lane. 2 and 3 watkins lane to the plaintiff for a sum of rs. in the rent receipts of dighapatia raj the rent is said to be received from jones administrator general of bengal. in may 1931 the plaintiff and the administrator general of bengal entered into an agreement for sale of premises number 2 watkins lane being a portion of the premises in question for a sum of rs. 2 and 3 watkins lane and a portion of the premises number 2 watkins lane having fallen down the agreement for sale appears to have fallen through. the defendant pratul chandra ghose filed rent suits against the plaintiff in respect of the underlease held by the latter under the administrator general of bengal and obtained rent decrees. 12251.
and this was accepted by the administrator general in preference to the offer made by the plaintiff for rs. on 6th march 1874 dobson sold the premises to henry charles mann by a deed which is exhibit p/5. having failed to obtain title to the premises from the administrator general of bengal the plaintiff approached the landlords and on 22nd september 1937 obtained a mokarari mourashi patta in respect of the disputed land on payment of a selami of rs. 2 and 3 watkins lane howrah companyprising an area of i bigha 19 companytahs of land on a rent of rs. on 6th june 1933 the administrator general of bengal declined to approve the draft as drawn. 11251.
the administrator general accordingly executed a companyveyance in favour of the defendant pratul chandra ghose exhibit p. x who thereupon became the tenant of the premises. numberhing having companye out of the negotiations between the plaintiff and the administrator general of bengal the latter in september 1936 invited offers for sale of the lands exhibit b .
the defendant number i made the highest offer of rs. after some further proposal by the plaintiff for a long lease he declined to purchase the property on the ground that the administrator general of bengal had number a good marketable title. on the 4th june 1932 the plaintiff suggested that a lease for 20 years should be granted which was refused by the administrator general bengal. on 11th september 1883 henry charles mann sold the premises to george jones for rs. in the landlords sherista the nature of the tenancy is number stated and dobson companytinues to be the recorded tenant exhibit d series . thereafter the landlord filed a suit for rent of the disputed lands against dobson and exhibits z and z 1 are the certified companyies of the judgment and order passed thereon. his case was that defendant number i pratul chandra ghose was a ticca tenant of premises number. in the assessment books of the howrah municipality exhibits 22 series the interest of george jones is described as mourashi. 12500.
on 21st april 1933 dighapatia raj estate wrote to the administrator general. the landlords having declined to subdivide the ground rent between the two portions of the premises namely number. 10000 vide exhibit p/4. the principal sudder amin overruling the objection of the defendants held that the landlords had full power to assess the rent and accordingly he fixed the rent at rs. of bengal saying that the tenancy was a ticca one. the consideration for the sale was rs. 2 and 3 that the plaintiff took a mourashi mokarari lease from these landlords on the 23rd september 1937 and thereby became the immediate landlord of the said defendant and that the teancy was determined by a numberice to quit dated the 7th october 1937.
was rs. on the 29th may 1866 dobson executed two mortgages exhibits p/6 and p/7 in favour of de rozario and john dominic freitas for rs. 10001 and rs. by a companyveyance exhibit p/9 dated the 10th october 1856 mrs.
on 10th jeshta 1266 b.s. on 21st september 1860 the principal sudder amin delivered his judgment exhibit 24.
it appears from that judgment that the following two issues had been framed whether the plaintiffs have served numberice on the other party for assessment of jama ? whether a jama can be assessed in respect of the disputed lands if so at what rate? 78 per annum under the landlords kumar sarat kumar roy and bibhuti bhusan chatterjee proform a defendants number. 2 per cotta which worked out at rs. the requisition number having been companyplied with the landlords evidently filed a suit being suit number 590 of 1859.
the pleadings in this suit are number on the record. and on paying annually to the maliks zemindars rs. number on fixing the annual jama of the said lands according to the prevailing rate as per jamabandi at rs. 1001 was paid by the plaintiff as and by way of earnest money. 4000 and rs 2000 respectively. there was an appeal from that decision which however was dismissed by the judgment exhibit z 2 delivered on the 18th march 1862 .
the mourashi patta relied upon was rejected as it was number registered and appeared on examination to have been newly written and filed. january 28.
the judgment of the companyrt was delivered by das j. this is an appeal by the plaintiff in an ejectment suit. 78 in respect of the entire land. the two re conveyances dated 29th february 1874 and 12th march 1874 are also on the record. in both those sale deeds the transferee is granted a heritable right forever. 480 rupees four and annas eight in siccas coins as rent and on getting your name mutated in place of mine and obtaining dakhilas in your own name you do go on possessing and enjoying the same with great felicity down to your sons and grandsons etc. the following provisions of the sale deed are of importance from this date being entitled to make gift and sale of the said property you do bring into your own possession the said lands etc. in appeal from original decree number 141 of 1940 arising out of judgment and decree dated the 8th may 1940 of the companyrt of the subordinate judge 1st companyrt of zillah if owrah in title suit number 38 of 1948.
c. chatterjee a. n. sinha with him for the appellant. it appears from this deed that by that time there were two brick built dwelling houses on the property which came to be numbered as number. civil appellate jurisdiction civil appeal number 93 of 1952.
appeal from the judgment and decree dated the 20th january 1950 of the high companyrt of judicature at .calcutta das and gupta jj. there was however no column. in succession. dutt with him for the respondent.
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1953_7.txt
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Thus it is number in dispute that for the academic year 2005 06, out of the 50 seats, 38 seats were to be filled by the companylege with minority students and 12 seats were to be filled by the candidates allotted by the State. The appellant denied to those candidates admission on the ground that the last date for allotment being over, those seats were filled by candidates from its own merit list. Note Private respondents refers to the 12 candidates admitted by the appellant companylege against the State quota seats. C No.357/2004, 75 of the seats were to be filled according to the choice of the Appellant companylege from the members of the minority companymunity and balance 25 seats to be filled by the candidates allotted by the State on the basis of the merit list prepared by it. The petitioners will be admitted to the MBBS companyrse at the CMC for the academic session 2006 2007 against the management quota seats in terms of the directive companytained in para 35 11 of Mridul Dhars judgment, as it has exceeded its quota during the academic year 2005 2006. What remains for companysideration is the companyrectness of the two directions that the companylege should companypensate the six writ petitioners by paying Rs.2 lakhs each for the loss of one year and for mental tension and economic loss, and the direction to pay companyts of Rs.2 lakhs to Baba Farid University of Health Sciences. The State University allotted candidates towards their quota after belated companynseling with reference to merit list prepared on the basis of second Punjab Medical Entrance Test PMET during the middle of September, 2005. The CMC would companypensate each of the petitioners with an amount of Rs.2 lacs each for the loss of one year, for the mental tension and for economic loss caused to them. The 1st PMET 2005 was held on 5th June 2005. On the ground that the State did number allot any candidate till 30.8.2005 which was the last date as per the schedule approved by this Court in Mridul Dhar, the appellant companylege claims to have filled those seats by candidates from its merit list namely respondents 6 and 17 respondents 8 to 19 in the second matter . Two Lakhs each to respondent 4 in the first matter and respondents 6 and 7 in the second matter, and the award of companyts of Rs.2 lakhs to the University, require interference. The petitioners cannot be granted admission in MBBS classes in the current academic year after 30.9.2005, as their admission would be a midstream admission which has been prohibited by the Honble Supreme Court. The CMC is burdened with the companyts of Rs.2 lacs to be deposited, with the Baba Farid University of Health Sciences, Faridkot, within 3 months from today, for being utilized towards students welfare fund. Aggrieved by their number admission, six of the State quota allottees, namely respondents 4 and 5 in the first matter and respondents 4 to 7 in the second matter, approached the High Court and sought a direction for admission. The 2nd PMET was held on 30.6.2005 and the result thereof, was declared on 2.7.2005. The fact that the time schedule laid down in Mridul Dhar was number followed by the State and the University is number in dispute. The other three writ petitioners respondent 4 in the first matter and respondents 6 and 7 in the second matter have number appeared and companytested the matter. Though several grounds were urged in the special leave petitions at the time of hearing, learned companynsel for the appellant companylege submitted that in companypliance with the judgment of the High Court, the appellant has admitted the six writ petitioners respondents 4 and 5 in the first matter and respondents 4 to 7 in the second matter for the academic session 2006 07 against the management quota, and they have been prosecuting their studies without hindrance and they will number be disturbed by the appellant. Two lakhs awarded to each of them. As there was leakage of question papers, therefore, the said entrance test was cancelled as a whole on 7.6.2005. As a companysequence, there is numberneed to examine the several companytentions urged in the appeals on merits challenging the judgment of the High Court. V.RAVEENDRAN, J. As per the order dated 1.6.2005 of this Court in W.P. Emphasis supplied The said judgment is challenged in these appeals by special leave. Leave granted.
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2010_451.txt
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A numberification was issued on 18.07.2013 by the Commissioner, Food Safety and Drugs Administration, Government of Maharashtra under Section 30 of the FSS Act prohibiting manufacture, storage, distribution or sale of tobacco, Areca nut, which is either flavored, scented or mixed with any of the said addictives and whether going by the name or form of gutka, pan masala, flavored, scented tobacco, flavored scented supari, kharra or otherwise by whatsoever name called, whether packaged or unpackaged and or sold as one product, or though packaged as separate products, sold or distributed in such a manner so as to easily facilitate mixing by the companysumer. Crimes were registered pursuant to companyplaints filed by the Food Safety Officers for violation of the said numberification dated 18.07.2013 against the Respondents who were either transporting, stocking and or selling the prohibited goods. First Information Reports FIRs were registered for transportation and sale of Gutka Pan Masala for offences punishable under Sections 26 and 30 of the Food and Safety Standards Act, 2006 hereinafter referred to as the FSS Act and Sections 188, 272, 273 and 328 of the Indian Penal Code, 1860 hereinafter referred to as the IPC . The High Court quashed the criminal proceedings against the Respondents and declared that the Food Safety Officers can proceed against the Respondents under the provisions of Chapter X of the FSS Act. Aggrieved thereby, the State of Maharashtra is before us. The Respondents in the above appeals filed Criminal Writ Petitions and Criminal Applications in the High Court of Bombay for quashing the FIRs. Leave granted.
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2018_855.txt
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26,47,746.34 for extra quantity of 1,66,524.927 cu.m. 43,50,958.48 on extra quantity of 8,45,319.471 cu. Against the said quantity, the Respondents admitted the quantity of 8,45,319.471 cu.m. 7,29,764.00 in respect of the claim for extra quantity of earthfill and a sum of Rs. Disputes and differences having arisen between the parties as regard supply of extra quantity of earth and rock, the matter was referred to an arbitrator. 880.91 per 100 cu.m. 1590/ per 100 cu.m. of rock excavated from the external sources quarries at the rate of Rs. 8,74,256.00 in relation to its claim for rockfill. Such an admission presumably was made having regard to the documents which were filed by the parties before the Umpire as also decisions of the Allahabad High Court in The respondent did number raise any question as regard the said admission of part of the quantity of earth fill and rock fill before the Umpire. m. of earthfill excavated from the external sources obtained from borrow areas at the rate of Rs. The High Court by an order dated 17.4.1980 directed that both the companytractor and the State Government shall numberinate their respective arbitrators for resolving the disputes with regard to the claim for extra charges for earth and rock work made by the companytractor for the period subsequent to 28.12.1967 and 15.6.1968 respectively. As the respondent did number appoint any arbitrator the appellant requested the said arbitrator to proceed in the matter as a sole arbitrator whereupon he entered into a reference. The Umpire appointed for determination of disputes between the parties who was a retired Engineer in chief of the respondent herein awarded a sum of Rs. However, numberaward companyld be made by the learned arbitrator within the statutory period as the disputes and differences were referred to the Umpire in accordance with the arbitration agreement. The Umpire was appointed by the Court of Civil Judge, Sonebhadra with the companysent of the parties. As far back as on 23.8.1972, the appellant herein invoked the arbitration agreement companytained in Clause 17 of the companytract in companynection with earthfill and rockfill which was recorded from 53rd running bill upto the 88th running bill. The parties thereafter filed their respective statements of claim, statements of defence and replications before the arbitrators. The appellant herein preferred appeals thereagainst which were dismissed by the High Court inter alia on the ground that in terms of the provisions of the companytract the appellant herein companyld number make any extra claim for supply of earth or rock. The appellant herein filed a statement of claim for a sum of Rs. It also made a claim of Rs. for this claim and this was accepted by the Claimants. The respondent herein filed application before the Court of District Judge purported to be in terms of Sections 33 and 9 of the Arbitration Act, 1940 which was allowed. FACTS The parties hereto entered into a companytract dated 20th August, 1964 for the purpose of companystruction of Obra dam, Power house, structures and appurtenant works. Respondent, however, filed objections thereto in terms of Section 30 of the Arbitration Act, 1940. The appellant herein filed applications for making the said awards as rule of the Court. By reason of an order dated 23.8.1995 the said applications of the respondent were allowed and the awards were set aside by the Civil Judge, Senior Division Mirzapur. W I T H A. Being aggrieved by and dissatisfied with the judgment of the District Judge, the appellant filed appeal before the High Court of Allahabad. 8453 of 1997 B. SINHA, J These two appeals involving companymon questions of law and fact were taken up for hearing together and are being disposed of by this companymon judgment. No.
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2003_725.txt
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The appellants are the Kendriya Vidyalaya Sangathan for short Kendriya Vidyalaya and its officials. In these two appeals by special leave, two orders of the High Court of Jammu Kashmir at Jammu have been assailed. The respondent No.1 in Civil Appeal No.5021 of 2001 and the sole respondent in Civil Appeal No.5448 of 2000 are the employees of the Kendriya Vidyalaya and as some dispute arose regarding their service companyditions, they filed two writ petitions under Article 226 of the Constitution before the High Court for adjudication. The High Court relying on a Full Bench decision of the same High Court in Kuldip Khud versus Masud Ahmad Chodhry Others 1994 JKLR 25 held that the writ companyrt has jurisdiction to decide service disputes of the present nature and, therefore, rejected the prayer for transfer holding that the writ petitions were maintainable. By order dated January 24, 2002, this Court after hearing the companynsels for the parties issued numberice to the learned Attorney General of India and the Advocate General of the State of Jammu and Kashmir. The learned Advocate General did number respond. By the impugned orders the High Court rejected two applications filed by the appellants for transfer of the writ petitions to the Central Administrative Tribunal, Chandigarh Bench. Phukan, J. As the points involved are the same, they were heard together and by this judgment both the appeals are disposed of. By the impugned orders, both the applications were dismissed.
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2002_962.txt
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20,000/ when Ramakant PW2 had gone to meet the deceased Sanju on 17.11.1993. 20,000/ were fulfilled by the parents of Sanju. He also stated that the deceased Sanju was treated by Dr. K.N. 2 by post written by the deceased Sanju in her own signature. On 20.11.1993, a Barber came from Lodipur to her house and informed that Sanju had died. On persuasion for sometime, he was permitted to meet Sanju Kumari. Only from a Barber, on 20.11.1993 after three days , the parents of the deceased learnt that Sanju Kumari was killed by administering the poison to her. Malti Devi proved one letter Ext.2 written by the deceased Sanju Kumari to her. He categorically stated that on the request of his mother in law, he had gone to the house of the deceased Sanju on 17.11.1993. PW2 further stated in his statement that the brother in law of the deceased, Ramakant Chaudhary, went to meet the deceased at Lodipur on 17.11.1993 on the request of his mother in law. The accused persons told PW1 that numberone would be permitted to meet Sanju Kumari unless their dowry demands are fulfilled by the parents of the deceased. The informant Chandra Bhushan, Ramakant, Gautam Chaudhary and few villagers went to Lodipur, where they were informed that Sanju Kumari was poisoned by Surya Kant Sharma, Ram Badan Sharma and Saraswati Devi. On 26.10.1993, on persuasion from all of them, the husband of the deceased had taken the deceased. PW1 explained the position and on persuasion, ultimately he was allowed to meet Sanju deceased . It was also stated that the informant and his relatives attended the Shradh of Sanju Kumari. She further stated in her statement that initially the accused did number allow Ramakant to meet Sanju but after some persuasion, Ramakant was permitted to meet her. On 20.11.1993, a Barber from Lodipur brought a letter which disclosed that Sanju Kumari had died on the intervening night of 17/18.11.1993. The prosecution had examined Ramakant Chaudhary, brother in law of the deceased sisters husband as PW1. He stated that the deceased was his companysin. He further stated that on 26.10.1993, when the deceased was sent to her in laws at Lodipur, same demands of dowry articles were repeated. In the report, it was also mentioned that on 17.11.1993, brother in law of the deceased sisters husband Ramakant Chaudhary, PW1, visited Lodipur on the request of the deceaseds mother to meet the deceased. He further informed that on 20.11.1993, he got the information that Sanju Devi was killed by administering poison to her by her husband, mother in law and father in law. On return, Ramakant informed them that the deceaseds husband, mother in law and father in law demanded same dowry articles and threatened that in case, dowry articles were number given, they would kill Sanju deceased . She also stated that her elder son in law Ramakant Chaudhary was sent to the house of Sanju to enquire about her welfare. He further stated that they received the news of the death of Sanju Kumari from a Barber after three days of the death i.e. The deceaseds brother and other relatives rushed to the village where they learnt that the deceased was killed by administering the poison. Sanju Kumari wept before him and asked him to go and ask her father to send a companyour TV and a motor cycle. Only on 20.11.1993, they learnt about it from a Barber and then they rushed to Lodipur. He had also stated in his statement that his brother in law, the accused Surya Kant Sharma was number willing to take his sister the deceased back to her matrimonial home for the want of dowry but on the request and persuasion of the family members of the deceased, the accused ultimately took Sanju Kumari back on 26.10.1993. On reaching Lodipur, they heard that the deceased was administered poison in the Prasad. Accused Ram Badan Sharma was examined as DW5. The prosecution examined six witnesses, namely, Ramakant Chaudhary PW1, brother in law of the deceased, Chandra Bhushan Chaudhary PW2, brother of the deceased, who proved the FIR Ext.1 , Gautam Chaudhary PW3, the companysin of the deceased, Malti Devi PW4, mother of the deceased. Anita Devi, sister in law Bhabhi of the deceased was examined as PW5. 20,000/ . The deceased told Ramakant that she was being tortured in different ways by the accused persons for number bringing the dowry articles. The accused persons denied the allegations and a defence was taken that Sanju Kumari had died due to stomach pain. on 17.11.1993, the deceased had gone to the house of accused Ram Badan Sharma for taking Prasad. The prosecution also examined Malti Devi, mother of the deceased as PW4. On return from the house of the deceased, PW1 narrated to his mother in law and brother in law the entire story of harassment of the deceased on account of number fulfillment of dowry demands. The prosecution also examined Anita Devi, sister in law of the deceased as PW5. He categorically stated that the deceaseds husband and in laws demanded motor cycle and an amount of Rs. The accused Ram Badan Sharma was also examined as DW5. on 20.11.1993. He proved the signature of Sanju on the application brought by DW4 from the post office. She also stated that on persuasion, the husband of the deceased had taken her back. Immediately thereafter, her son Chandra Bhushan PW2, Ramakant Chaudhary PW1, Gautam PW3 and few villagers went to the house of the deceased at Lodipur. She also stated that her sister in law was killed by administering poison to her. She also reiterated that at the time of marriage, accused persons Surya Kant Sharma, Ram Badan Sharma and Saraswati Devi demanded a companyour TV, motor cycle and a sum of Rs. PW2 also stated about demands of dowry and specifically named the accused persons. They clearly stated that numberody would be allowed to meet Sanju unless the demands of companyour TV, motor cycle and cash amount of Rs. Initially, numbercharge sheet was filed against Saraswati Devi, mother in law of the deceased. She further stated that the accused persons tortured her for number bringing dowry articles. It was also alleged that at the time of marriage, Surya Kant Sharma, Ram Badan Sharma and Saraswati Devi demanded a companyour TV, Yamaha motor cycle and cash of Rs. He further stated that the treatment given to the deceased by her husband and in laws was number good. The informant rushed to the village Lodipur where he came to know that the accused persons had killed his sister by administering poison to her. Brief facts of this case are as follows On 20th November 1993, at 4.30 p.m., the brother of the deceased Chandra Bhushan Chaudhary, PW2 filed a written companyplaint at the Police Station Chandi alleging that his sister Sanju Kumari who was married in the year 1989 was poisoned by her husband Surya Kant Sharma, her father in law Ram Badan Sharma and mother in law Saraswati Devi. III Whether the death had occurred within seven years of the marriage The informant, Chandra Bhushan Chaudhary PW2 brother of the deceased, in his statement categorically stated that at the time of marriage of the deceased, the accused persons demanded a companyour TV, Yamaha motor cycle and a sum of Rs. She stated that after the marriage, her sister in law deceased came back to her house after eight days. At that time, Surya Kant Sharma and his father Ram Badan Sharma were present in the house. Though other witnesses state about assault on Sanju Kumari, even if that be number there, a definite companyclusion can be drawn that there was evidence of torture to the deceased immediately preceding her death. There, people informed that his sister was killed by administering poison to her by the accused persons. She further stated in her statement that after a week of marriage, the deceased returned from her in laws house and she informed that she was beaten by her mother in law, father in law and husband for number bringing the companyour TV, motor cycle and a sum of Rs. He also stated that he received the news of death of his sister from a Barber on 20.11.1993. The deceased told them that her husband and in laws were giving her beatings for number bringing TV, motor cycle and an amount of Rs. The parents and other family members of the deceased learnt about her death from a Barber after three days of the death. The informant wanted to get back all the ornaments given to Sanju Kumari at the time of her marriage but when the accused persons did number agree, this false case was filed against them. 20,000/ and because of the financial inability, the dowry demands of the accused persons companyld number be fulfilled. He returned and narrated the entire story to his brother in law Chandra Bhushan PW2 and his mother in law Malti Devi PW4. The accused persons in their defence examined the evidence of Dr. B.K. Jain, DW3, stated that he treated the deceased for the disease of appendix and she remained in his treatment from 15.11.1993 to 16.11.1993. On arrival, they were informed that the deceased was killed by administering poison to her and the dead body was hurriedly cremated. She further stated that she was number even informed about the death of her daughter by the family members of the deceased. The FIR was filed at the Chandi Police Station by the brother of the deceased. Gautam Chaudhary was also examined by the prosecution as PW3. He gave a medical certificate to show that Saraswati Devi, mother in law of the deceased had been sick from 5.11.1993 to 3.12.1993 and was under treatment at Calcutta. On companypletion of the investigation, the Investigating Officer submitted a charge sheet against the accused persons Surya Kant Sharma and Ram Badan Sharma. In the letter, she wrote that she was facing harassment and humiliation by the accused persons because their demands for dowry had number been fulfilled. 20,000/ from her parents. The Section reads as under 113 B Presumption as to dowry death When the question is whether a person has companymitted the dowry death of a woman and it is shown that soon before her death such woman has been subjected by such person to cruelty or harassment for, or in companynection with, any demand for dowry, the Court shall presume that such person had caused the dowry death. He also stated that he recorded the statement of Chandra Bhushan Pandey, Mukhiya, who had stated that it was wrong to say that the dowry items were demanded by the accused persons. In the cross examination, he again reiterated that there was demand of companyour TV, Yamaha motor cycle and Rs. She wept before him and narrated that she was harassed and tortured by the accused persons for number getting motor cycle, companyour TV and Rs. Jain of Arrah on 15.11.1993 and 16.11.1993. The informant and his family companyld number fulfill their dowry demands. Singh and Dr. B.K. Careful analysis of the evidence by the trial companyrt led to a clear companyclusion that the marriage of the accused Surya Kant Sharma was solemnized with the deceased in 1989 and the deceased died suddenly on the intervening night of 17/18.11.1993 in unnatural circumstances within seven years of the marriage. In his statement, he tried to lay the foundation that there had been numberdemand of dowry articles by the accused persons. She also stated that after a lot of persuasion, her daughter was taken back by her in laws on 26.10.1993. He referred her to Surgeon but in the cross examination, he admitted that after 15.11.1993, he had number examined the deceased. Accused persons also threatened to kill her in case she failed to bring the dowry articles. On the basis of evidence on record, we are called upon to adjudicate following questions Whether the prosecution was able to prove the demands of dowry II Whether the deceased had died because of harassment and cruelty meted out at the hands of the accused persons in companynection with the demands of dowry? She also stated that her daughter companyplained about the torture and harassment by the accused persons. The deceaseds parents were admittedly number even informed about this unfortunate incident. Dr. B.K. It is further stated in the report that only after a few hours, on the intervening night of 17th and 18th of November, poison was administered to the deceased in the Prasad and companysequently she died. The appellants in defence had examined Sudama Singh, DW1, Ram Chhabila Singh, DW2, Dr. B.K. This is indicative of the fact that till then the deceased was physically in good health. The customary Durgaman second marriage had taken place on 26.10.1993 and at that time, the same demands were repeated by the accused persons. Jain, DW3 and Jagat Narayan Singh, DW4. It was also asserted that during the relevant period, Saraswati Devi was under treatment at Calcutta. She stated that thereafter they met the accused persons and told them that they would further give Rs. Immediately thereafter, he along with others left for Lodipur village. Sudama Singh DW1 and Ram Chhabila Singh DW2 were examined to support the defence version. The FIR was lodged at 7.00 a.m. on 20.11.1993. Jain and Dr. K.N. Jain DW3 proved medical certificates dated 15.11.1993 and 16.11.1993. However, after examination of the witnesses, Saraswati Devi was also summoned by the Court under Section 319 Cr. The prosecution had examined six witnesses. The trial companyrt also examined the manner in which the death had occurred. The Additional Sessions Judge, Bhojpur, Arrah carefully examined the entire evidence on record. DW1 further stated that after taking the Prasad, she started having acute pain in stomach and thereafter she died. On behalf of the defence, five witnesses were examined. Explanation For the purposes of this section dowry death shall have the same meaning as in Section 304B of the Indian Penal Code 45 of 1860 . The prosecution also examined Pawan Kumar Singh, Assistant Sub Inspector of Police as PW6. The defence failed to give any explanation why she was number examined by any Surgeon after she was referred to by DW3. He stated that the FIR Ext.3 was in his hand writing and he proved the same. Jain. It was alleged on behalf of the defence that she companyplained of stomach pain on 16.11.1993 and that she was taken to the clinic where she was treated by Dr. K.N. Pawan Kumar Singh, Assistant Sub Inspector of Police, Police Station Amash, District Gaya, who was the Investigating Officer of the case, was examined as PW6. She stated that she received a letter Ext. Singh. Sessions Judge, Bhojpur, Arrah, preferred an appeal before the High Court. Jagat Narayan Singh DW4, a Public Relation Inspector of post office Arrah brought one register of Kisan Vikas Patra. The trial companyrt after examining the entire evidence came to the companyclusion that the death had number occurred in the numbermal circumstances. All these witnesses had supported the case of the prosecution. Dalveer Bhandari, J. Sessions Judge and the entire evidence on record. The trial companyrt observed that on the day of Chhath i.e. In the instant case, the appellants were companyvicted under Sections 304B and 201 IPC. The case was companymitted to the Court of Sessions. Consequently, the appeal filed by the appellants was dismissed. The High Court analysed the judgment of the learned Addl. 18,000/ to them. to face the trial. The appellants aggrieved by the judgment of the learned Addl. The Court further directed that both the sentences shall run companycurrently. 64 of 2002. The appellants aggrieved by the impugned judgment of the High Court have approached this Court in two separate appeals. These appeals are directed against the judgment of the High Court of Patna in Criminal Appeal No. P.C.
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2006_464.txt
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Ram Palat. They are the second companysins of Ram Palat. They rushed to attack Ram Palat. 4 is nephew of Ram Palat. Ram Palat, Raj Mangal, Parasnath and Ram Dhani. Ram Palat holding the spear in their hands. Ram Palat and Raj Mangal were assaulted with lathis by the other appellants. There was a long standing enmity between Ram Kumar and Ram Anjore on the one side and Ram Palat, P.W. At about 10 00 A.M. Ram Palat accompanied by Viswanath left the field. Ram Palat was at tacked with lathis by three of the appellants. Appellants Ram Anjore and Ram Kumar threatened P.W. The companymon object of the unlawful assembly was to assault Ram Palat and Viswanath. On being asked by the Panches Ram Palat fixed Jutti roots of grass on the line which demarcated the field of Ram Anjore. Ram Dhani, P.W. Raj Mangal in which Vishwanath, helper of Ram Palat was killed by a spear blow given by Ram Kumar and P.Ws. The proximate and immediate cause was measurement and demarcation of the fields of appellant Ram An jore and P.W Ram Palat in plot Nos. On 14 10 1967 in the morning, appellant Ram Anjore again ploughed one Gattha of land from the field of Ram Palat who objected to the same. According to the prosecution story, on 15 10 1967 Ram Palat called some panches to measure and demarcate the fields which had fallen to the shares of Ram Palat and Ram Anjore so that the dispute at the time of ploughing may number recur. P.W. Raj Mangal, P.W. Ram Palat lodged a report at the Police Station at 10 25 A.M. on 14 10 1967. In the division of the plot there was difference between appellant Ram Anjore and P.W. 3, Ram Dhani, P.W. It is said Ram Anjore was present at the time of measurement and demarcation. The appellants thought that he was the person who was playing the principal role in the dispute on the side of Ram Palat and so he should be murdered. He found 5 companytusions of different sizes on the person of Ram Palat, one swelling and 4 companytusions on the person of Raj Mangal. Faizabad, which was situated at a distance of about 12 miles from the Police Station examined the injuries on the person of Ram Palat and Raj Mangal on 16 10 1967 at 10 00 A.M. and 10 30 A.M. respectively. Raj Mangal came there. The High Court has pointed out that the Sub Inspector numbered the time of departure as 5 00 p.m. for going to the village of occurrence but when he found Ram Palat and others present at. Panches including Viswanath deceased, Parasnath, P.W. Priyadarshi, P.W. Raj Mangal, appellant Ram Kumar armed with a spear, and the other appellants armed with lathis came up there from the side of the house of appellant Ram Dawan. When Raj Mangal intervened he too was attacked with lathis. There was some discrepancy in the time of departure of the Investigating Officer P.W. 2, Parasnath Bharti, P.W. Ram Anjore and Ram Kumar were named but numberaction was taken on this report as it pertained to a number cognizable offence under Section 506 read with Section 352 of the Penal Code. Ram An jore did number relish the decision arrived at by the Panches and went away enraged. Parasnath. Viswanath then wanted to intervene. Uprooted Jutti was found by the Investi gating Officer P.W. A suggestion was thrown that Viswanath had been murdered sometime at 3 00 or 4 00 A.M. on the 15th October, 1967 because of his allegedly illicit companynection with the wife of P.W. On alarm being raised by him, P.W. Evidence of Chandrama Singh, P.W. Sheo Shanker Singh, P.W. Ram Dhani and Balbhaddra Prasad Yadav was number reliable because as against the admitted position they said there was numberenmity between them and the appellants. Viswanath the deceased and others intervened. The occurrence is said to have taken place at about 10 00 A.M. on the 15th October, 1967 near the house of P.W. When assault start ed on the former, halla was raised, people started companying and on being intercepted the other appellants assaulted Raj Mangal, Ram Kumar thrust his spear in the abdomen of Viswanth. 13 as numbered in the General Diary which was 5 00 p.m. and his actual departure being 7 00 p.m. as deposed by him. Injury letters were given to them by the Head Constable Sukhdeo Pandey, P.W. When they reached at a distance of 15 to 20 paces numberth west of the house of P.W. Chakravarti, Medical Officer, In charge Tanda Dispensary, Faizabad did autopsy of dead body of Viswanath on 16 10 1967 at 3 00 p.m. His findings clearly showed that Viswa nath died as a result of the spear injury received by him. Balbhaddra had stated that when he reached the spot after the occurrence, Viswanath had fallen numberth east of the door of Paras although according to the companysistent testimony of the other witnesses he had fallen numberth west. 13 in the field. He left for the place of occurrence at 7 00 p.m. the same evening and proceeded with the investigation on the spot, in the next morning. 5 came to the disputed field and effected the measurement and demarcation thereof. 4, Bichai number examined , Sachcha Goshaim number examined and Balbhaddra Prasad Yadav. 10, Medical Officer, Dispensary Je hangirganj, Distt. 13 the Station Officer was number present at the Station when the report was handed over at the Police Station. the Police Station he took their statements and then proceeded to the village Mathia. Appellant Ram Kumars appeal would also lie under Section 2 a of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1970. 305/1 and 305/2 in the morning of the date of occurrence. They did number admit that any incident had taken place on 14 10 1967. The disputed land is situated in village Phulwaria adjoining village Mathia. Copy of the said report is Ext. The genesis of the occurrence is said to be the long standing, enmity. The injuries on P.Ws. It was number necessary for him to change the time of departure in the General Diary. The High Court has pointed out that the discrepancies were of minor character and did number detract from the evidentiary value of the eye witnesses. Real culprits were number known and the appellants were implicated out of enmity. He arrived there at 3 30 p.m. , prepared the Inquest Report of the dead body and started investigation. They, therefore, remained at the Police Station in the night and went to Jahangirganj Hospital on the 16th. The prosecution story as to the incident in the morning of 14th October appears to have been discarded on the ground that in the report Ext. 12 for going to Jehangirganj. 11 Sub Inspector of Police to the effect that while passing that way he had seen people companylected in the disputed field doing some measurement companyld number be believed as in his report he had number stated that fact. Some other persons also arrived at the scene but number examination of any of them does number detract from the value of the testimony of the eye witnesses namely P.Ws. There were discrepancies in evidence as to the details and order of assault, namely, who was assaulted by whom first and who was assaulted second and last. Ka 4 the words the accused had spears were subsequently added with another pencil. The two witnesses had gone to the Police Station at 1 30 p.m. The High Court has number accepted that the report Ext. The six appellants in this Criminal Appeal were acquitted by the Sessions Judge of Faizabad in U.P. The enmity between the parties was admitted. The former is said to have ploughed a portion of the land belonging to the latter in the Asarh of 1957. Same of the reasons given by him were of such himsy character that they did number merit any companysideration in the Appellate Court. They reprimanded the said two appellants and numberassault took place that day. The CrPC by Section 423, has accorded parity to appeals against companyviction and appeals against acquittal the Code makes numberdistinction between the powers of the appellant companyrt in regard to the two categories of appeals and therefore the High Court has powers as full and wide in appeals against acquittal as in appeals against companyviction. According to them by the time their statements were recorded by the Investigating Officer it was dark. This was preceded by some incident a day previous on the 14th. The scope and the power of the High Court in an appeal from the order of acquittal have been enunciated in several decisions of this Court. The appellants pleaded number guilty and asserted that they had been falsely implicated. The State filed appeal in the High Court of Judicature at Allahabad, Lucknow Bench. The judgment of acquittal on the facts and in the circumstances of the case was perverse and was aptly set aside by the High Court. Dr. S.D. Separate sentences have been awarded on those companynts also but they have been directed to run companycurrently. L. Untwalia, J. The sentence imposed is one years rigorous imprisonment under each companynt with a direction that it shall run companycurrently. 9 Dr. B.K. of all the charges leveled against them. 3 are brothers. 1 the first informant in the case on the other. They have preferred this appeal by special leave of this Court.
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1974_385.txt
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Chamin, her son in law, Somra and Dilu, son of somra. 8 Thereafter I armed with that tangi went to the house of my Barima to kill her. My Barima has numberson and she is a widow. 11 I also struck him with the tangi. The next day, the Sub Inspector in the companypany of the appellant went to the house of Ratni, where the appellant pointed out the dead bodies of Ratni and Dilu and also a place in the orchard of Ratni companyered with bushes and grass, where he had companycealed a tangi. The prosecution case is that on August 11, 1963 between 7 a.m. and 8 a.m. the appellant murdered Somra in a forest known as Dungijharan Hills and later Chamin in Kesari Garha field and then Ratni and Dilu in the house of Ratni at village Jamtoli. 13 1 hid the tangi in the jhari of my Barimas house. I had one with a tangi to Duni Jharan Pahar to cut shrubs for fencing. The injuries were caused by a sharp cutting weapon such as a tangi. The appellant then took the Sub Inspector and the witnesses to Dungijharan Hills, where he pointed out the dead body of Somra lying in the slope of the hills to the numberth. 9 Reaching there all on a sudden I began to strike her on the head with tangi whereupon she dropped down dead at that very place. The appellant then took the Sub Inspector and witnesses to Kasiari garha khet and pointed out the dead body of Chamin lying in a ditch companyered with Ghanghu. I found Somra sitting alone there who was grazing cattle there. 5 Thereafter I came to the Kesari Garu field where Somras wife Chamin was weeding out grass in the field. 16 My Barima had all along been quarrelling like a Murukh foolish woman and being vexed, I did so. 6 1 struck her also all on a sudden on the head with the said tangi whereby she dropped down on the ground and died then and there. Hence on her death we shall be owners of her lands and properties and daughter and son in law of Barima shall have numberright to them. 12 I finished the line of my Barima so that numberone companyld take share in her properties. 14 Later on I narrated the occurrence to my chacha fathers brother Lerha that I killed the aforesaid four persons with tangi. 4 Seeing him I got enraged and dealt him a tangi blow on the fill calf of right leg, whereby he toppled down on the ground. of Police 2 that on account of my Barima aunt Mussammat having given away her property to her daughter and son in law quarrels and troubles have been occurring among us. The appellant was charged under s. 302 of the Indian Penal Code for murdering his aunt, Ratni, her daugh ter. to lodge information and reaching the P.S. The Sub Inspector also recovered from the appellants house a chadar stained with human blood. 7 Thereafter I dragged her to an adjoining field and laid her in a ditch to the numberth of it and companyered her body with Gongu Pala ke Chhata so that people might number see her. She lives separate from us, and lives in her house with her daughter and son in law and I live with my brother separately in my house. 10 Near her was Somras son aged about 3 4 years. The medical evidence discloses incised wounds on all the dead bodies. At that time there was numbere near about on that Pahar. The Sub Inspector immediately took companynizance of the offence, and arrested the appellant. The information was reduced to writing by the officerin charge, Sub Inspector H. P. Choudhury, and the appellant affixed his left thumb impression on the report. 200 of 1964 and Death Reference No. The first information of the offences was lodged by the appellant himself at police station Palkot on August 11, 1963 at 3 15 p.m. Thereupon I dealt him several Chheo blows on the head and the face, with the result that he became speechless and died. 6 shows that the appellant had gone to the forest on the morning of August 11, 1963. The principal evid ence against the appellant companysists of the first information report, which companytains a full companyfession of guilt by the appellant. Today in the morning at about 7 8 a.m. When I reached there, I found that she was sitting near the hearth which was burning. I having companye to the P.S. 9 of 1964. He was companyvicted and sentenced to death by the Judicial Commis sioner of Chotanagpur. After sometime 15 I started for the P.S. All the four persons were brutally murdered. Today, Sunday, date number known, at about 3 p.m. If this report is excluded, the other evidence on the record is insufficient to companyvict the appellant. There is numbereye witness to the murders. There was numberperson then at that place also. He also fell down and died. make statement before you the S.I. K. Jain, for the appellant. The High Court of Patna accepted the death reference, companyfirmed the companyviction and sentence and dismissed the appeal preferred by the appellant. P. Varma and R. N. Sachthey, for the respondent. The evidence of P.W. Appeal by special leave from the judgment and order dated November 9, 1964 of the Patna High Court in Criminal Appeal No. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. T make this statement before you. The Judgment of the Court was delivered by Bachawat, J. 37 of 1965. The appellant number appeals to this Court by special leave.
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1965_128.txt
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Those who were higher in merit were given admission in companyleges of their choice and adjusted against free seats. Many selected students on the basis of the said merit list took admission in various medical companyleges and seats meant for Medicine and Dentistry were particularly filled up. In other words, admissions against free seat and payment seat in various companyrses and disciplines were made according to the merit list. On 29.4.2001, the Maharashtra Health Sciences Common Entrance Test hereinafter referred to as MH CET 2001 was companyducted for health sciences companyrses such as Medicine MBBS , Dentistry BDS , Ayurved BAMS , Homeopathy BHMS , Unani Medicine MUMS , Physio Therapy BPTH , Occupational Therapy, Audio and Speech Therapy BASLP and Prosthetics and Orthotics BP O . On the basis of the result of the said examination a merit list was prepared for purposes of admission in various companyleges. In the said examination about 67,563 students appeared throughout the State of Maharashtra. version 11, 22, 33, and 44 and thereafter version 11, 22, 33 and 44 and so on which would have made companyying or use of unfair means very difficult. With a view to see that there is numberchance for any unfair means, the question papers were prepared in four versions and they were marked as versions 11, 12, 33 and 44. Under such circumstances, to meet such an extra ordinary situation, the State Government wrote to the Central Government for grant of one time increase in admission seats in the MBBS and BDS companyrses in various medical companyleges in the State of Maharashtra, but the same was refused by the Central Government on account of number compliance of the provisions of Section 10A and the regulations. Thus, the students answering the examination were given papers of different versions one after another i.e. The result of the said examination was declared on 17.5.2001. Aggrieved, the students who were displaced due to revised merit list having prepared and others have filed these appeals. 1658/2000 before the High Court found that they have received lesser marks in biology paper answered by them than their expectations. After the result was declared, the writ petitioners in writ petition No. The aforesaid questions have arisen in the companytext of the facts and circumstances stated hereinafter. N. KHARE, J. But there was a change in their order. Leave granted.
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2001_754.txt
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4/1994 inter alia for setting aside the decree passed in Partition Suit No. Savitri Devi had numberinterest in the suit property and that the preliminary decree prepared in the partition suit is fraudulent, companylusive and void documents obtained in companylusion with Arun Prakash Pandey by suppressing the death of Uttam Pandey in the plaint and in her evidence by playing fraud. In the said suit, the sisters of the mortgagor were claiming 6 annas shares in the suit properties purporting to be relying on or on the basis of a preliminary decree passed in a partition suit dated 19.7.1979 filed by the respondent No. 1,15,312,62 with pendente lite and future interest as also for a preliminary decree as regard mortgaged property admeasuring 95.20 acres. 2 herein Arun Prakash Pandey hereinafter called as the Mortgagor had taken loan from State Bank of India, wherefor lands were mortgaged in favour of the Bank. A preliminary decree of sale of 10 Anas shares of the mortgagor was also passed by the learned Vth Additional Sub Judge on or about 22.6.1981 whereafter a final decree for sale of the mortage property was passed on 4.8.1982 in suit No. c the final decree proceeding initiated by the Plaintiff on the basis of preliminary decree in companylusive and nullity and therefore final decree proceeding is dropped. The appellant herein also filed an application in the said partition suit No. 17/76 inter alia on the ground that the preliminary decree dated 19.7.78 was a companylusive and fraudulent one and the final decree proceeding initiated on the basis thereof is null and void inter alia on the ground that Ugam Prakash Pandey, father of the mortgagor having died in the year 1944, the mortgagor alone succeeded to the properties and number his sisters as the Hindu Succession Act, 1956 did number companye into force thence. The auction sale was set aside by reason of the judgment dated 21.5.1992 by the High Court inter alia directing that the following remedy be taken recourse to by the appellant a to seek a partition by filing a separate suit for causing out a separate area from the share of Arun Prakash Pandey or b to file an application in the aforesaid partition suit for including the area purchased by him in the Takhta of Arun Prakash Pandey. The said application was dismissed by judgment dated 27.8.1988 inter alia on the ground that keeping in view the extent of land inherited by the parties from their father being 95.20 acres, 60 acres of land belonged to the mortgagor out of which only 30 acres had been auctioned. A preliminary decree in favour of the bank for the aforementioned amount with pendente lite and future interest 6 p.a. The Bank filed a suit claiming a sum of Rs. 1700 of 1990. However, on an Execution Application filed by the Bank, 30 acres out of total area of 57.12 acres of land was put on auction sale on or about 7.6.1988 wherein the petitioner became the highest bidder upon offering a sum of Rs. The said application was allowed holding Ugam Pandey died in the year 1944 when the Hindu Succession Act, 1956 had number companye into force. The brother of the mortgagor, thereafter filed an objection in the said Execution case purported to be in terms of Section 47 of the Code of Civil Procedure for setting aside the auction sale which was marked as Misc. The appellant herein, however, filed a Title Suit being No. 1 in relation to the said mortgaged land. The appellant herein in terms of order passed on or about 11.12.1990 took delivery of possession of the auctioned land. The said auction sale had been companyfirmed by the Executing Court on 7.7.1988 pursuant whereto, the appellant deposited the amount. 1520 of 1997 and dated 10.5.1999 passed in Civil Review No. Questioning the judgment and order dated 27.8.1988 the respondents filed a Revision Petition Application before the High Court in the year 1990 marked as Revision Petition No. The appellant furthermore filed a Civil Review application being No. 17/1976 as also for setting aside the order in CR No. A Civil Revision application was filed thereagainst which has been allowed by the High Court. 1,61,598.53 therefor. The appellant companytends that upon obtaining possession, he made the land cultivable wherefor he had spent a sum of about Rs. 88/9/1977 80. The appellant filed a Special Leave Petition thereagainst which was marked as SLP C No. 11/88. The companysequence of recording of the said companypromise was tell tale. 6535 of 1999 arises out of the said order. The High Court was also required to address itself, more so while disposing of the review application, as to whether the purported settlement on the grounds raised by the appellants herein, was a lawful one. Not only pursuant thereto or in furtherance thereof the Registrar of Newspapers, New Delhi, passed an order dated 3.9.1992 it was companystrued to be a judgment of the High Court which had been taken aid of by the respondents herein for the purpose of withdrawal of suits wherein various disputed questions of facts and law including the genuineness or otherwise of the agreements were n question and required adjudication. Effect of fraud on companyrt is the primal question involved in these appeals which arise out of judgments and orders dated 10.12.1998 passed in CR. 8217 of 2003 The Judgment was delivered by S.B. He became a defaulter in the matter of repayment of loan. In support of the said companytention the appellant filed various documents. was passed. 8119/92 before this Court which was disposed of by an order dated 25.6.1992 stating Learned companynsel for the Petitioner withdraws this petition to cash upon the order impugned against. A First Appeal was preferred thereagainst by the respondents herein and by an order dated 22.5.1988 a Division Bench directed that the decretal amount be paid in two instalments. 2003 Supp 4 SCR 543 With C.A. b the documents prove that the plaintiff Smt. Allegedly, the said direction had number been companyplied in letter and spirit. 245 of 1998 by the High Court of Judicature at Patna. Special Leave Petition is disposed of as withdrawn. Civil Case No. SINHA, J. 2 lakhs. Leave granted. Respondent No. No.
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2003_1297.txt
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7746 of 2009, challenging the acquisition of his land by the Authority. On 07.02.2008, under the Haryana Urban Development Authority Act, 1977, the Haryana Urban Development Authority issued a numberice for acquisition of land including that of the appellant for public purpose namely, for the development and utilization of the land as residential and companymercial purposes. 7746 of 2009 was also dismissed on 16.12.2011. In spite of the report produced by the Land Acquisition Collector, the Haryana Urban Development Authority vide numberification dated 06.02.2009 made a declaration that the appellants land is to be acquired for the development of residential and companymercial Sector Nos. Even then in some cases, relief was granted by releasing some portion of the land under companystruction and ordering acquisition of vacant land. However, on 15.09.2008, the Land Acquisition Collector companysidered the objection filed by the appellant under Section 5A of the Act and as per his report, exempted the land of the appellant from acquisition since there was already a residential building on the land on the date of the numberification. The numberification was issued under Section 4 of the Land Acquisition Act, 1894 in short the Act and the Land Acquisition Collector, Urban Estate, Faridabad, Haryana was authorized to issue public numberice on the substance of numberification at companyvenient places in the locality. 7746 of 2009 and order dated 16.12.2011 passed in Review Application No. The appellant is the owner of 5 Kanals 6 Marlas of land out of which 934 square yards have been left out of acquisition. 76,77 and 78 for which the numberification was initially issued on 07.02.2008. In the meanwhile, on 10.03.2008, the said land was released by the Authority in favour of Ritwiz Builders and Developers Pvt. 7711 of 2009, titled New Vidya Niketan Educational Society Vs.
State of Haryana Ors. It is the case of the appellant that while issuing the numberification under Section 6 of the Act, the property adjoining to the land of the appellant, which belongs to one M s. Harpreet Food, was released. He was also authorized to survey upon the land and take necessary action regarding the same. The appellant filed a detailed objection under Section 5A of the Act categorically stating that the appellant has raised an A Class companystruction on the companycerned area in the year 1999 2000 and therefore, inclusion of the land for the purpose of acquisition is number justified. 388 of 2011 filed by the appellant against dismissal of his C.W.P. Though the respondent Authority has released a portion of the appellants property, some part of the built up and companystructed portion of the house was number released. 388 of 2011 by the High Court of Punjab and Haryana at Chandigarh, urging various facts and legal companytentions in justification of his claim. The appellant therefore, filed a writ petition before the High Court of Punjab and Haryana registered as Writ Petition No. The action taken by the Authority was held perfectly justified. The High Court, after hearing both the parties companycluded that in all the writ petitions, companystruction was raised in an unauthorized manner without getting any permission either under the provisions of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 or under the relevant Municipal laws. GOPALA GOWDA, J. The said petition got tagged along with other similar petitions filed by different affected parties and the Writ Petition No. The Review Application No. Necessary relevant facts are stated hereunder to appreciate the case of the appellant and also to find out whether the appellant is entitled for the relief as prayed in this appeal. These appeals are filed by the appellant questioning the companyrectness of the judgment and final Order dated 05.04.2011 passed in W.P. Delay companydoned. Ltd. was made the lead case. Hence, these appeals. Leave granted. No.
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2014_20.txt
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The Director of Central Food Laboratory sent a Certificate to the companyrt specifying the result of the analysis to the effect that the food article companytained in the sample companyforms to the standard prescribed for company pounded Asafoetida. The aforesaid proceedings were initiated in the following background On 19.7.1989 a Food Inspector of the Corporation of Calcutta took sample of companypounded Asafoetida from the shop of the respondent. When respondent entered appearance he made an application to the companyrt for sending one of the remaining parts of the sample to the Director of Central Food Laboratory and the companyrt despatched it as prayed for. When one of the parts of the sample was sent to the Public Analyst, Calcutta it was analysed and found to be adulterated as it did number companyform to the standard prescribed for that food article and hence report was forwarded to the Local Health Authority. Respondent thereupon move the trial companyrt for discharging him from prosecution, but the learned Magistrate declined to do so on the premise that the certificate of analysis issued by the Director of Central Food Laboratory was number companyplete as results of certain tests were number indicated therein. A companyplaint was thereafter filed against the respondent before the Magistrate Court companycerned for the aforesaid of fence. Respondent then moved the High Court in revision challenging the aforesaid order of the Magistrate, learned Single Judge of the High Court upheld the companytentions of the respondents and quashed the prosecu tion proceedings.
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1999_2.txt
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The deceased went in pursuit of the appellants on his cycle. While the deceased was dragging him to the east, the first appellant came with an aruval and attempted a blow on that neck of the deceased. The second appellant fell down and was caught by the deceased. The deceased fell down bleeding profusely. The first appellant made a second attempt to inflict another blow on the neck of the deceased but this blow too was warded off by the deceased with his left hand. The deceased warded off that blow with his left hand and sustained an injury. After the second appellant wriggled out from the clutches of the deceased, the former took out an aruval from his back and inflicted a cut on the nape of the deceased. The deceased acted over zealously and attempted to apprehend the appellants. 219 hereinafter referred to as the deceased came there on a cycle. Since the appellants felt that they were being unjustly treated by the deceased, they in order to free themselves attacked the deceased and caused the injuries. It will be seen from the above that the only reason given for awarding the death penalty is that the deceased, a companystable, was murdered in broad day light. He was also told that the deceased had gone in pursuit of the appellants Thereupon PW 1 also went in that direction followed by PW 2. The deceased left his cycle, chappals and the police cap on one side and ran after the second appellant. As a result to the injuries caused to him and on the first appellant landing a third blow on the neck of the deceased lost his grip over the second appellant. Meanwhile, A 2 who wriggled out of the hold of the deceased, also joined A 1 and deliberately cut the deceased several times and indiscriminately on the vulnerable parts of his body. Thereafter, both the appellants inflicted injuries on different parts of the body of the deceased and fled. Taking numbere of the fact that the deceased being a police companystable companyld number have ignored the behaviour of the appellants in abusing members of the Naicker companymunity proceeded to add as under Only in such a situation, the deceased companystable, even at the risk of his life, had chased both the accused and caught hold of A 2 and had dragged him, evidently to take him to the police station. PW 3, a resident of 13th Street had numbericed the two appellants running away with the deceased chasing them. PW 3 saw appellant No. Sometime thereafter, PW 1, another companystable attached to the Tuticorin Police Station, came there on his cycle. At that time, a police companystable in uniform by name Sharmuga Sadaksharam PC No. As the earlier incident had passed off, the appellants were perhaps unable to fathom the reasons for their attempted arrest and therefore tried to wriggle out from the clutches of the deceased by the use of force. PW 2 brushed aside the hand of the first accused and beat him. It was at this moment, A 1 had pounced upon the companystable who was in the police uniform discharging his duty, and ruthlessly attacked him in a ghastly manner. Since a crowd had companylected he made inquiries whereupon PW 2 informed him about the incident. The first appellant fell down but got up saying he would deal with PW 2 later. Since a crowd had companylected in front of Perumals shop he made inquiries and learnt that there was a quarrel between the appellants and some members of the Naicker companymunity. When PW 2 objected to the use of such filthy and abusive language the first appellant challenged him by catching him by the shoulder. The two appellants having been companyvicted under Section 302/34, I.P.C. The whole episode was over and companyld have been forgotten as there was numberimmediate danger of retaliation by the appellants and companysequently there was numberimmediate need for their arrest. The facts leading to their companyviction are that on 8th April, 1984, at about 3.15.
p.m., when PW 2 was sitting near a printing press on 12th Street in Briyant Nagar the appellants came there hurling abuses to the Naicker companymunity stating that their women deserve to be stripped naked and raped and their houses set on fire. Thereafter, the learned Sessions Judge proceeded to observe as under In this case both the accused have murdered the companystable in broad day light. and also came to the companyclusion that the Trial Court had rightly visited the appellants with the extreme punishment of death. Since the Trial Court had awarded the death penalty, a reference also came to the High Court. So saying, he along with the second appellant went to wards the south. The learned Judges of the High Court companyfirmed the companyviction of the appellants under Section 302/34, I.P.C. 2 went towards Bharathi Nagar. Based on the evidence, under Section 302, I.P.C., read with Section 34, I sentence each one of them to death till their death and the sentence is to be companyfirmed by the High Court. While dismissing the appeal preferred by the appellants the High Court accepted the reference and companyfirmed the death penalty. Both the companyrts below relying on the above version unfolded by PWs 1 to 4, the four eye witnesses, and PW 5 who saw the appellants fleeing from the scene of occurrence with arrivals companyvicted them under Section 302/34, I.P.C. It, therefore, follows that the murder cannot be said to belong to the rarest of rare category warranting the sentence of death. The High Court too failed to take numbere of these factors when it companyfirmed the death sentence awarded by the Sessions Court. He also told him that both the appellants had run away towards the south. 1 run into his house while his companypanion appellant No. 1 and the appellants had thereafter left the place of occurrence albeit v wing revenge on a future occasion. On the same day, the appellants were asked if they had anything to say on the question of sentence. Thereafter, referring to this Courts decision in Machhi Singh v. State of Punjab , the High Court came to the companyclusion that the murder was companymitted in an extremely aggravated manner, there being numbermitigating circumstances, and hence the extreme penalty prescribed by law was warranted. Sharif Mian and Anr. No report was made against the appellants for their provocative behaviour and numbercase was registered against them for the companymission of any companynizable offence. It was rather sudden and actuated by a desire to free themselves. and sentenced to death have approached this Court by way of special leave. The Trial Court recorded the companyviction on 19th February, 1985. Ahmadi, J. It appears that the appellants reiterated that they were number guilty. The appellants filed an appeal challenging their companyvictions. It cannot be said that the attack was a pre planned one. They have done so with the motive of killing him. Both the appeal and reference were disposed of by a companymon judgment dated 17th September, 1986. It is against the said order of the High Court that the present appeal by special leave is preferred.
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1989_158.txt
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He was a pillion rider of the deceased motor cycle. 1 hacked the deceased on his neck. P.W.3 was the pillion rider on the motor cycle of the deceased. A.2 hacked on the neck of the deceased with a knife. 1 to 3 is that after the bomb was hurled at the deceased, the deceased was driving his motor cycle slowly. A.2 hacked on the neck of the deceased with an axe. A.10 hacked on the head of the deceased with an axe. Accused No. A.2 stabbed on the neck of the deceased with a knife. He further stated that the deceased was proceeding on his motor cycle by escaping the bombs. Then P.W.2, pillion rider on the scooter of P.W.1, informed him that the bombs had been hurled against the deceased and asked him to stop the scooter. P.W.2 was a pillion rider on the scooter of P.W.1. A.10 hacked on the fore head of the deceased with an axe. Then the deceased fell down. 1 hacked axe blows on the neck of the deceased. The witnesses and the accused are all from the same village. He specifically stated that after the deceased fell down accused No. W.4 stated that he knew all the accused and the deceased. accused Nos. Then accused Nos. Accused Nos. A.4 to A.7 stabbed the deceased on his stomach with spears. 1, 9 and 10 hacked on the head of the deceased with axes. During the trial accused No. He further stated that at that time, the deceased Rayidi Venkateswarlu was driving the motor cycle slowly. A.4, A.5 and A.7 stabbed the deceased with spears on his stomach. The companytention of the companynsel for the accused that evidence of P.Ws. W.3, who was a pillion rider of the motor cycle of the deceased, jumped out of the motor cycle, rushed to the bush and watched the whole incident under the bush. The factum of P.W.1 driving a scooter on that day has been proved by P.Ws. He admitted that himself, deceased and Ws. When both of them were going on the scooter, they saw the deceased and P.W.3 Muppalla Ramaiah at a medical shop. He has been accused in number of cases, which were filed by the deceased and his party. He further stated that when they reached Five Lamps Centre, they found deceased and P.W.3 purchasing medicines and when they crossed Major canal, they heard explosion of bombs and saw P.W.3 jumping from the motor cycle of the deceased. 555 of 1998 and accused Nos. Then he stopped the scooter and saw P.W.3 Muppalla Ramaiah jumping from the motor cycle of the deceased and running towards numberthern side fields. He categorically stated that accused Nos. P.W.1 further stated that A.1 and A.10 chased them and then they ran towards the scooter and the accused ran away towards south. 8, 10, 12 and 16 hurled bombs. He also stated that accused Nos. W.3, who accompanied the deceased on a motor cycle also deposed about the specific overt acts played by each and every accused. Being aggrieved, accused Nos. When they were proceeding, P.W.3 and the deceased also followed them. 1 to 3 came opposite from southern side armed with axes and hacked on the head of the deceased. From the overt acts attributed to the accused appellant by P.Ws. The evidence of P.W.1 discloses that there has been party faction in the village. The companytention that the eye witnesses P.Ws. W.2 stated in his evidence that on the day of the incident, he went to Sattenapalli to purchase a washer of his motor and in his return, he met P.W.1 and both of them started on the scooter of P.W.1 to go to the village. On the day of the incident, while proceeding on his tractor on the Pakalapadu major canal he saw all the accused armed with axes, spears and knives were going on the road. P.W.1 also stated categorically that at that time, he had a scooter bearing No. He gave a graphic description of each and every overt act of the accused in causing murderous assault on the deceased. The companysistent evidence of P.Ws. Rest of the accused, i.e. 1 and 2 are also related to the deceased and that they are inimically disposed to the accused has been rejected by the Trial Court by assigning companyent reasons. Immediately after the bomb was hurled, he ran towards the bush and watched the entire incident from there. While acquitting the aforesaid accused, the High Court discarded the evidence of P.Ws. of Tondapi village while he was companying on the motor cycle and when he reached the spot, all of you emerged from the bushes on either side of the road and that A10, A12, A8 and A16 hurled bombs and when the deceased fell down all of you surrounded him and that A 1, A 9 and A 10 of you axed on his head and that A 1 and A 2 of you cut the throat of the deceased with axe and long knife and that A 4, A 6 and A 7 of you stabbed him with spears on abdomen and lower portion and that A 5 stabbed him with spear on abdomen and that A 3 axed him near right ear, A 8 stabbed with spear on his neck A 10 axed on the fore head of him, A 11, A 12 and A 13 with spears and A 14 and A 16 with axes attacked the deceased indiscriminately and A 15 with knife stabbed on his neck resulting in his death instantaneously and thereby companymitted an offence punishable under section 302 read with 149 of the Indian Penal Code and within my companynizance Charge No. The substance of the above charges is that on 13th October, 1992 at about 5.30 p.m. accused 1 16 formed themselves into an unlawful assembly and caused the death of one R. Venkateswarlu by hurling bombs and causing bodily injuries by axes, knives and spears. After companycluding of the trial, the trial judge found that accused Nos. The trial judge, however, found that accused Nos. 1 3, who were the eye witnesses to the occurrence were inimically disposed to the accused persons and their evidence was unreliable. 1, 2 and 3 and also analytical description of the part played by each of the accused in causing murderous assault on the deceased and accepted the eye witnesses account as natural and reliable. There cannot be any scope of mistaken identity of the accused. The witnesses and the accused are from the same village and the incident had happened on 13th October, 1992 at about 5.30 p.m. The Trial Court has accepted the evidence of P.Ws. After scanning their deposition with care and caution, the trial judge has held that admittedly all the accused and the prosecution witnesses are from the same village and there is a faction in the village between the parties for the reasons that the deceased Rayidi Venkateswarlu, who was President of the village, was selected as Sarpanch and later on 26.2.1992, he resigned from the Presidentship. He stated that after passing Pakalapadu Major canal, they suddenly heard the sounds of explosion of bombs. P.W.1 stated in his evidence that on the fateful day, he went to Sattenapalli to purchase pesticides. The present appeal has been preferred by accused No. 3 That you A 8, A 10, A 12 and A 16 of you at about the same time, date and place and in the companyrse of same transaction as mentioned above hurled companyntrymade bombs at the deceased R. Venkateswarlu in order to kill him while in possession of the Explosive Substances which are dangerous in nature which bombs exploded and thereby companymitted an offence punishable under sections 3 and 5 of Explosive Substances Act and within my companynizance. P.W.2 also stated that A.1 and A.10 chased them for a distance. The trial judge critically discussed the evidence of eye witnesses, namely, P.Ws. 1 to 3 eye witnesses cannot be accepted as they are chance witnesses and highly interested and P.Ws. 3, 4, 5, 7, 8 and 10 on the ground that P.Ws. Then, A.1, who was the Vice President, assumed charge as President of the Village and since the deceased was popular in the village and became the Village Administrative Officer, the appellant was facing difficulties in getting quorum in the village. 2 and 4 were figuring as accused for assault of a woman and A.1 is one of the witnesses in that case. 2 That you A 1 to A 16 at about the same time, date and place and in the companyrse of same transaction as mentioned above charged the deceased Venkateswarlu son of China Bapaiah, 35 years, V.A.O. He went to make involvement as many accused as he can do. The High Court also disbelieved the evidence of P.W.1 as he falsely deposed that his scooter bear the registration No. 1, who was riding a scooter on the same road at that particular time. APG 2253. After purchasing pesticides, he came to the centre, where W.2 was also standing and both of them started on his scooter to go to the village. 1, 2 and 3 were inimically disposed to the accused has been rejected by the Trial Court by assigning companyent reasons and companysidering the medical and other companyroborative evidence. of Tondapi village, and rioting and at that time you were armed with deadly weapons like companyntry made bombs, axes, spears and knives which are dangerous in nature and thereby companymitted an offence punishable under section 148 of the Indian Penal Code and within my companynizance Charge No. 2 to 4 are shown as accused in the murder case of Rachakonda Chandraiah. He repeated the stories narrated by P.Ws. 1 That you A1 to A16 at about 5.30 p.m. on 13th day of October, 1992 on the highway between Sattenapalli and Macherla in between 38/2 and 38/4 M. Stone after crossing Pakalapadu major canal, formed into one group and were members of unlawful assembly and did in prosecution of the companymon object of such assembly viz.,
of killing the deceased person R. Venkateswarlu son of China Bapaiah, 35 years, V.A.O. The High Court, by the impugned order dated 31st January, 2000, reappreciated the evidence and acquitted accused Nos. Injury Nos. It, therefore, clearly indicates party factions in the village. 1, 3, 4, 5, 7, 8 and 10 were guilty of the offence punishable under Section 302 read with Section 149 I.P.C. 8, 10, 12 and 16 were number guilty of the offence under Sections 3 and 5 of the Explosive Substances Act and they were, accordingly, acquitted under the said charge. 1, 2 and 3 eye witnesses by rendering the following reasons The investigation further discloses that the vehicle bearing registration number APG 2253 is a tractor, which was owned by the Commissioner of Guntur Municipality and under these circumstances, we hold that whatever evidence is given by P.W.1 is number in fairness. 1 to 3 as natural, reliable and truthful. He companyducted post mortem examination of the deceased and found as many as 21 injuries, as referred to in the earlier part of the judgment. On internal examination, the doctor found, neck shows upper air passes were cut. Haematoma present on left side of the neck. SEMA, J The appellant along with 15 other accused was put to trial before III Additional Sessions Judge, Guntur in Sessions Case No. Left castrotid vessels were cut, muscles were cut. The next companytention of Mr. Subba Rao, learned companynsel for the appellant that on the self same evidence, the other accused had been acquitted and, therefore, the appellant companyld number have been companyvicted relying upon the same evidence. 1 and 2, as we have referred, earlier. 5, 7, 8 and 10 preferred Criminal Appeal No. This companyresponds to injuries 9 and 10. The same is the statement of P.W.2. 7, 9 and 10 are incise wounds. P.W.2 also admitted about the cases pending against him along with other witnesses. 1, 3 and 4 preferred Criminal Appeal No. 1, 2 and 3 also admitted that there were criminal cases involving both the parties. 6, 9 and 11 to 16 were number found guilty of the offences, for which they were charged. The doctor opined that the patient would appear to have died of hemorrhage and shock, and injuries to upper air passages, manor vessels, and vital organs liver, kidney, resulting from multiple injuries. 1 Nallabothu Venkaiah , the appellant before us. 2253, which he took from one Narasimharao, but he did number get it registered in his name. 3 and 4 in Crl. 2 expired and the trial against him stood abated. 500/ and in default to suffer simple imprisonment for 3 months. He also admitted that himself and PWs. 18 of 1994 to answer the following charges Charge No. They were further sentenced to undergo Rigorous Imprisonment for one year each for the offence under Section 148 P.C. This companytention deserves to be rejected. 555 of 1998 and their appeal was allowed to that extent. Dr. G. Vijaya Saradhi was examined as P.W.9. 556 of 1998 in the High Court. They were companyvicted and sentenced to suffer imprisonment for life and also to pay a fine of Rs. The High Court has erroneously accepted this submission. P.G. To this effect a clear admission is given by him in the cross examination. Both the sentences were ordered to run companycurrently. The same is the statement of P.W. No acquittal appeals have been preferred by the State. A. No.
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2002_1063.txt
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The arbitrator in his award accepted the plea of the companytractor for higher rates upto the extended date. The balance escalation was number allowed upto 30.10.86, on the ground that the delay was attributable to the companytractor. Part I of the work was upto Rs.94,34,323 and Part II was upto Rs.94,34,323. rate only may be Revised on 17.6.1986 as allowed upto Rs.70,98,852.67 30.10.86 In other words, the arbitrator awarded 50 of Rs.70,98,852.67 towards increase in rates. The letter also blamed the companytractor for delay in the work. The total value of work done upto 30.10.86, according to the appellant, was Rs.1,01,84,968.58. As, according to the companytractor, the sum total of variations went above 25 of the companytract value, the companytractor asked for higher rates in his letters dated 20.11.86, 8.12.86 and 9.12.86. The final bill was submitted by the companytractor on 9.12.86 for Rs.85,98,705 as detailed in the Annexure A thereto. The said letter dated 22.1.85 of the appellant companytained the 25 clause which permitted rates higher than the companytract rates to be paid, as an exception. It is number denied that the original date of companypletion was 30.6.86 and was extended upto 30.10.86. Quotations were called by the appellant for works amounting to Rs.3,39,88,000. for increase decrease Balance escalation in the quantities at on the original Rs.80,08,000 approx. While the matter was pending before the arbitrator, the appellant prepared final bill and the balance 25 was also allowed but only upto 30.11.85. It stated as follows The companytract price has been arrived at on the basis of your quoted rates in your tender and the enclosed schedule of quantities, your quoted rates shall hold good for a variation of25 plus minus twenty five percent of the companytract price stated in this work order, beyond which your quoted rates will be suitably revised subject to mutual agreement. That would mean that the breach was number by the companytractor. Another companytractor was appointed by the appellant for the balance work and in fact, a cross claim for companypensation for Rs.7.64 lakhs was raised against the respondent. Subsequently, letter of intent was issued on 5/6.11.84 and then a work order was issued on 22.1.85. The appellant varied the works both upwards and downwards. Any revision of rates would be permissible only after the total companytract price stood increased or decreased beyond 25 on actual execution and companypletion of the companytract project. But, instead of giving him the entire companytract, the appellant awarded only 48 of the work of Rs.3,39,88,000 amounting to Rs.1,52,94,235, by letter dated 5.11.84. So far as the cross claim by the appellant for companypensation for delay, the arbitrator negatived the same. This plea for extra rates was rejected on 31.1.286 by the appellant stating that the 25 clause applied to the overall net increase. This was prohibited by several clauses of the NIT, Special and general companyditions and under annexure R attached to the work order dated 22.1.85. On the disputed claim No.4 he held as follows Payment of final bill, 50 of the revised including extra rates amount awarded. It held that, as the award was number a reasoned award, but was one made on companysideration of all documents, the NIT, the tender papers, the offer, the acceptance and companyrespondence, it was number permissible to probe into the mind of the arbitrator. The companytractor appealed to the High Court which by its judgment in Civil Misc. General Manager, Northern Railway, as sole arbitrator. These facts are clear from the reply of the appellant on 18.3.88 filed before the arbitrator . As pointed by the respondent in his companynter filed in this Court, it appears that 75 of the escalation was released by the appellant and the balance 25 was number paid on the ground that the appellant slowed down. His tender was accepted. The District Court referred to Madan Lal vs. Hukum Chand 1967 1 SCR 106, Hindustan Steel Works vs. Rajeswar Rao 1987 4 SCC 93 and held that the award was number liable to be set aside on merits. No appeal was preferred so far as the rejection of the cross claim The District Court, as already stated, set aside the award on the ground that the reference itself was bad. He entered on the reference on 22.1.88. The appellant filed an appeal before the District Court for setting aside the award. By companysent, the District Court appointed Sri Dharwadkar, Ex. On 26.12.86, the respondent claimed reference to arbitration. First Appeal No.211 of 1991 dated 18.10.94 held the reference was valid and allowed the appeal and directed the award be made Rule of Court. There was companyrespondence between the appellant and respondent. But, it gave alternative findings on merits. It was stated that he was also companynected with the appellant. It appears the site was number made available on time and there were lot of disputes between the parties. The facts of the case are as follows. It is against the said judgment that this appeal is preferred.
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2000_830.txt
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