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l Auction Purchaser. In execution of a decree the executing Court brought the properties owned by the Petitioner Judgment Debtor for sale. Then the executing Court directed the Petitioner Judgment Debtor to pay solatium to the Respondent No. The execution Court held that the objection filed by the Petitioner Judgment Debtor on 25.09.1992 companyld be treated as application under Order 21, Rule 89 of CPC. On 24.07.1993 the Petitioner Judgment Debtor filed an application to treat the earlier objection dated 25.09.1992 as an application under Order 21, Rule 89 of CPC. l Auction Purchaser filed an Interlocutory Application under Order 21, Rule 92 of CPC for companyfirmation of sale. l Auction Purchaser was number ready to accept the solatium amount. On 25.09.1992 the Petitioner Judgment Debtor paid the entire decretal amount together with the companyt to the Respondent No.2 Decree Holder accompanied by memorandum of objections for companyfirmation of sale. Predominantly numbering the fact that the Petitioner Judgment Debtor has paid the entire decree amount and that the sale was yet to be companyfirmed the executing Court set aside the sale. l in Court on 28.08.1992. l Auction Purchaser, the First Appellate Court reversed the Order passed by the Executing Court. In Raoji Baburao v. Bansilal, AIR 1919 Bombay 13, Venkatasubba Rao v. Narayana Rao, AIR 1922 Madras 83 and Ram Autar v. Sheo Piarey Lal, AIR 1925 Oudh 411, and Pachiayae v. Vallimuthu, AIR 1925 Madras 639, where judgment debtor deposited entire decretal amount, companyt and companypensaion in companyrt but companyld number file an application to set aside sale and his companytention that the deposit of money itelf companyld be treated as an application to set aside sale was rejected. On 30.10.1992 another Memo was filed in the Executing Court reporting the payment of the decree amount. On 26.08.1992 the scheduled properties were put up for auction. Executing Court also numbered that the Respondent No. However a separate application was also filed under Order 21, Rule 89 of CPC with a prayer for companydoning the delay. Aggrieved by the findings of the first Appellate Court, the Petitioner Judgment Debtor moved a Civil Revision Petition before the High Court. A memo was also filed praying to close the execution proceedings. Accordingly the execution proceeding was closed. In the meanwhile on 13.11.1992 Respondent No. 2003 Supp 6 SCR 506 The Judgment of the Court was delivered by RAJENDRA BABU, J. The final bid was offered by respondent No. On Appeal preferred by the Respondent No. Leave Granted.
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2003_1316.txt
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This appeal by special leave is directed against the judgment of the Delhi High Court dated September 4, 1972 dismissing the appeal of the Municipal Corporation of Delhi against the acquittal of respondent Ram Sarup and upholding his acquittal by the appellate judgment of the Additional Sessions Judge of Delhi for an offence under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954, hereinafter referred to as the Act It is number disputed that a sample of beasen was taken by the Food Inspector from the respondents shop on October 3,1970 and the Public Analyst reported that it was very highly insect infected. 1000/ . N. Shinghal, J.
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1979_296.txt
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On 10 6 1988 the appellant moved an application for bail, as C.M. On 9 6 1988 he had moved an application before the Judicial First Class Magistrate, Kasargod for bail. The appellant had been arrested on 4 6 1988 under the Narcotic Drugs and Psychotropic Substances Act, 1985. On 17 6 1988 the appellant was released on bail subject to certain companyditions. In the grounds of detention there is a specific reference to the appellants application for bail which was rejected by the Judicial First Class Magistrate, and to the subsequent grant of bail by the Sessions Court. 525 of 1989 reported in 1990 Cri LJ NOC 139 dismissing the appellants writ petition challenging the order of his detention dated 13 2 1989 made under Section 3 1 and declaration dated 17 4 1989 made under Section 10 1 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988. 104/88, before the District Sessions Judge, Kasarg6d. On 3 3 1989 the appellant was, pursuant to order dated 13 2 89, arrested and detained. That application was rejected. The companyaccused, who had also made a statement, had retracted from his statement. The appellant companytends that certain important documents relied upon by the detaining authority had number been supplied to him. 68 of 1990, but the same was also dismissed. The appellant had filed a Review Petition against the aforesaid judgment which was numbered as Crl. Petition No. This appeal arises from the judgment of the Delhi High Court in Criminal Writ Petition No. P. No. Special leave granted.
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1990_667.txt
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The Covenant was signed by all the Rulers of the Covenanting State. Government have, therefore, decided to terminate the Privy Purses and Privileges of the Rulers of former Indian States. Article XI 1 provided that the Ruler of each Covenanting State shall be entitled to receive annually from the revenues of the United State for his privy purse the amount specified against that Covenanting State in Schedule 1. The Rulers and Rajpramukhs of the States agreed to adopt the Constitution as drafted by the Constituent Assembly of India and issued proclamations directing that the Constitution to be adopted by the Constituent Assembly of India shall be the Constitution for the United States. Article XIII of the Covenant secured to the Ruler of each Covenanting State all personal privileges, dignities and titles then enjoyed by them. of the United States as well as certain separate articles governing other matters, for example, the privy purse and privileges of Rulers bringing them within the framework of the companyenants were included in the Constitution of India. Subsequently, a number of Rulers executed Agreements of Merger and transferred the administration of their States to the Dominion Government. By this Act, Articles 291 and 362 were omitted and Article 363 A was inserted under the title Recognition granted to Rulers of Indian States to cease and privy purses to be abolished. After the companymencement of the Constitution of India and in pursuance of Article 366 22 thereof the petitioner was recognised as the Ruler of the Kurundwad State with effect from January 26, 1950 and had been in the enjoyment of the privy purse, privileges, titles and dignities issued by Merger Agreement and by the Constitution of India. According to the petitioner, it was only on the basis of the Constituent Assemblys acceptance of the provisions of Articles 291, 362 and clause 22 of Article 366 that the Rulers adopted the Constitution of India in relation to their States. Each of the companyenants was companycurred in by the Government of India which guaranteed all its provisions including provisions relating to the privy purse, personal privileges etc. Accordingly on October 13, 1949 the Constituent Assembly of India adopted inter alia two articles namely, Article 291 relating to payment of privy purse and Article 362 relating to personal rights and privileges of the Rulers. By this Act, Articles 291 and 362 of the Constitution were repealed and a new Article 363 A was inserted, resulting in depriving the Rulers of the recognition already accorded to them and declaring the abolition of the privy purse and extinguishing their rights and obligations in respect of privy purses and new clause 22 to Article 366 was substituted. Article XIV guaranteed the succession, according to law and custom, to the gaddi of each Covenanting State and to the personal rights, privileges, dignities and titles of the Ruler. The case of the petitioner is that under the Merger Agreement he was entitled to receive annually from the revenues of the State his privy purse as specified in the Merger Agreement as amended by an order of Government of India in 1956 free of taxes, besides reserving his personal rights, privileges and dignities. During the second phase of this political absorption of the States, the Rulers of the Madhya Bharat States including the Ruler of Jaora State entered into a Covenant on April 22, 1948 for the formation of the United State of Gwalior, Indore and Malwa Madhya Bharat . 351 of 1972 was filed on August 24, 1972 for declarations that the Twenty fourth, Twenty fifth and Twenty sixth Amendment Acts of 1971 are unconstitutional, invalid, ultra vires, null and void and that the petitioner companytinues to be entitled to the privy purse and to personal rights, privileges as a Ruler and for a writ or order directing the respondent to companytinue to pay privy purse to the petitioner. Amendments relating to the United States and other States which had number merged were also adopted and these States were called Part B States. In addition, certain directions or suitable orders are sought for declaring that the petitioners companytinue to be the Rulers or the Successor Rulers, as the case may be and directing the respondent Union of India to companytinue to recognise their personal rights, amenities and privileges as Rulers of their erstwhile States and also companytinue to pay privy purse to them in addition to their arrears of amounts. Article VI provided that the Ruler of each Covenanting State shall number later than July 1, 1948 make over the administration of the State to the Rajpramukh and thereupon all rights, authority and jurisdiction belonging to the Ruler and appertaining or incidental to the Government of the State would vest in the United State of Madhya Bharat. However, it was later desired that the Constitution of the United States should also be framed by the Constituent Assembly of India and form part of the Constitution of India. They also envisaged the establishment of a Constituent Assembly charged with the duty to frame Constitution for the United States within the framework of companyenants and of the Constitution of India. It was decided in companysultation with the Government of the United States that the Constitution of India as framed by the Constituent Assembly of India should itself companytain all the necessary provisions governing the companystitutional structure of the United States as well as the provisions for the guarantee companytained in the companyenants and the Merger Agreements. The petitioner was entitled to receive annually from the revenues of the States his privy purse of Rs 49,720 as specified in the Merger Agreement as amended by an Order of Government of India in 1956 free of taxes besides his personal privileges, rights and the Dominion Government guaranteed the succession according to law and custom of the Gaddi of the State and the Rajas personal rights, privileges and dignities. Supplementary companyenants were also executed by the companyenanting States which companyenants were companycurred in and guaranteed by the Government of India. Likewise, Rulers of most of the other Indian States also executed similar instruments which were accepted by the Governor General. Under the Merger Agreement, the Maharaja of Mysore was entitled to receive annually for his privy purse the sum of Rs 26,00,000 Rupees twenty six lakhs free of all taxes w.e.f. This instrument was accepted by the Governor General of India and the State thus became a part of the Dominion of India. By Article 11 of the Covenant, the Covenanting States agreed to unite and integrate their territories into one State. The Indian States parted with their sovereignty in successive stages, firstly on accession to the Dominion of India, secondly on integration of the States into sizeable administrative units and on closer accession to the Dominion of India and finally on adoption of the Constitution of India and extinction of the separate existence of the States and Unions of States. 351 of 1972. Thereafter, the Constituent Assembly passed and adopted the Constitution. 351 and 352 challenging the Twenty fourth, Twenty fifth and Twenty sixth Amendment Acts were filed in this Court, Writ Petition No. While it was so, the Parliament enacted new Acts namely, the Constitution Twenty fourth Amendment Act, 1971, the Constitution Twenty fifth Amendment Act, 1971 and the Constitution Twenty sixth Amendment Act, 1971, the last of which received the assent of the President on December 28, 1971. Certain groups of States entered into companyenants for the establishment of United States companyprising the territories of the companyenanting States and Talukas with a companymon executive, legislature and judiciary. According to the petitioner, clause 7 of the Instrument provided that numberhing therein shall be deemed to companymit the Ruler in anyway to acceptance of any future Constitution of India or to fetter his discretion to enter into agreements with the Government of India under any such future Constitution. Article XI 4 provided that the amount would be free of all taxes whether imposed by the Government of the United State or by the Government of India. 351 of 1972 executed a Merger Agreement as per the form of merger on February 19, 1948 and handed over the administration of the State on March 8, 1948. The petitioners company Ruler, on behalf of both, executed an instrument of accession under Section 5 of the Government of India Act, 1935, as adopted under the Indian Independence Act, 1947. Article XI 2 provided that the amount of the privy purse was intended to companyer all the expenses of the Ruler and his family including expenses of the residence, marriage and other ceremonies and neither be increased number reduced for any reason whatsoever. The companyenants inter alia provided for the administration of United States by a Rajpramukh aided and advised by a Council of Ministers. We have already reproduced Articles 291, 362 and the past and present clause 22 of Article 366. The impugned Constitution Twenty sixth Amendment, 1971 Was passed by the Parliament and it received the assent of the President on December 28, 1971. The Merger Agreement was in the form given in the White Paper on Indian States and it was executed on February 19, 1948. After the impugned Twenty sixth Amendment was brought into force w.e.f. By the said instrument, the petitioner accepted the matters specified in the schedule thereto as matters with respect to which the Dominion Legislature may make laws for the State and declared his intent that the Governor General of India, the Dominion Legislature, the Federal Court and any other Dominion authority established for the purposes of the Dominion shall, subject to the terms of the instrument, exercise in relation to the Kurundwad State such functions as may be vested in them by the Government of India Act, 1935 as in force in the Dominion of India on August 15, 1947. Krishnamachari appointed on October 22, 1948, the recommendations of which, on further discussions with the representatives of the States and Union of States led to the companyclusion that the responsibility for payment of the privy purses fixed under various companyenants and agreements should be taken over by the Government and 4 the Report of the Rau Committee appointed in November 1948 under the chairmanship of Sir B.N. Then the administration of the State of the petitioner was handed over on March 8, 1948. Article XI 3 provided that the Rajpramukh would cause the amount to be paid to the Ruler in four equal instalments at the beginning of each quarter in advance. These two writ petitions call in question the companystitutional validity of the Constitution Twenty sixth Amendment Act, 1971 inter alia, on the ground that it violates the basic structure and essential features of the Constitution of India and is, therefore, outside the scope and ambit of companystituent powers of the Parliament to amend the Constitution as provided under Article 368 of the Constitution. It is significant to numbere that Article 31 was omitted by the Constitution Forty fourth Amendment Act, 1978 w.e.f. 798 of 1992 executed an Instrument of Accession and entered into a Merger Agreement Treaty on January 23, 1950. The petitioner, Shri Raghunathrao Raja was the companyRuler of Indian State of Kurundwad Jr. which was prior to August 15, 1947 a sovereign State in treaty relationship with, and under the suzerainty of the British Crown. They were free to accede to either of the two Dominions of India or Pakistan or to remain independent. In Schedule 1, a sum of Rs 1,75,000 was specified against the State of Jaora. In this companytext, he referred to Section 87 B of the Civil Procedure Code, 1908 which was introduced by way of amendment after the Constitution came into force in the year 1951 and in order to protect the erstwhile Rulers from frivolous suits filed against them in free India after the Constitution came into force. Besides, the then Maharaja was entitled to the full ownership, use and enjoyment of all his private properties as distinct from State properties belonging to him on the date of the Agreement as specified under clause 1 of Article 2 of the Agreement. 351 of 1972, a synoptical resume of the case as adumbrated in Writ Petition No. Therefore, the petitioner is number challenging the impugned Amendment Act as unconstitutional and violative of the fundamental rights of the petitioner guaranteed under Articles 14, 19 1 f , 21 and 31 1 and 2 of the Constitution. On the companymencement of the Indian Independence Act, 1947, British paramountcy lapsed and the Indian States became companypletely sovereign and independent. Notice of the writ petitions shall issue to the Advocates General of all the States. By the same Amendment Act, Article 31 C was inserted after Article 31 B entitled Saving of laws giving effect to certain directive principles. By the same Amendment Act, an amended new clause was substituted to the then existing clause 22 . 135 of 1970 entitled Kesavananda Bharati v. State of Kerala4 was pending before this Court. December 28, 1971, the present Writ Petition No. Article 1 of the said Agreement companytained a proviso that the sum of Rs 26,00,000 was payable only to the then Maharaja of Mysore for his lifetime and number to his successor for whom a provision would be made subsequently by the Government of India. Thus, totally 552 States were affected by the integration schemes. 351 of 1972 with the historical background may be stated. Reverting to the cases on hand, Shri Raghunathrao Ganpatrao, the petitioner in Writ Petition No. Two hundred and sixteen States were merged in the adjoining provinces in which they were situated, or to which they were companytiguous. Shri Jaya Chamaraja Wadiyar, father of the petitioner Shri Srikanta Datta Narasimharaja Wadiyar in Writ Petition No. All the writ petitions to be heard on October 23, 1972. 352 of 1972 was filed by H.H. In this writ petition, I.A. In pursuance of this decision the necessary provisions including Part VII providing for the Government, legislature, judiciary, etc. 3 1980 3 SCC 625 1981 1 SCR 206 4 Kesavananda Bharati v. State of Kerala, 1973 4 SCC When both these writ petitions i.e. 351 and 352 of 1972 were listed together, on August 28, 1972, this Court passed the following order Upon hearing for the Parties, the Court directed issue of Rule Nisi and directed these petitions to be heard along with Writ Petition No. Reference may be made to 1 the Report of the Joint Select Committee on Indian Constitutional Reforms 1933 34 , 2 the Report of the Expert Committee headed by Nalini Ranjan Sarkar, published in December 1947, 3 The Indian States Finances Enquiry Committee chaired by Sir T.T. 1 to 3 of 1992 have been filed by Smt Kamakshidevi Yavaru, Smt Vishalakshideviyaru and Smt Indrakshi Devi, daughters of late Maharaja of Mysore. 1 to 3 of 1992 in Writ Petition No. Rau. Bharucha, JJ. It may be numbered when Writ Petition Nos. Another Writ Petition No. April 1, 1950. Nawab Mohammed Iftikhar Ali Khan of Malerkotla seeking same relief as in Writ Petition No. Nos. The Judgments of the Court were delivered by RATNAVEL PANDIAN, J. on behalf of L. M. Sharma, C J., himself and B. P. Jeevan Reddy and S.P. For facilitating a proper understanding of the companytroversy that has led to the filing of these two writ petitions and the Interlocutory Application Nos. Three hundred and ten were companysolidated into six Unions, of which Vindhya Pradesh was subsequently companyverted into a Chief Commissioners province. June 20, 1979. 135 of 1970. W.P.
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1993_127.txt
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There is numberhistory of neurotic traits in the childhood. He was quarrelsome and irritable since childhood. Minati Das, aged about 30 years, their daughter aged 2 1/2 years and Ms.Smriti Rekha Das, sister of Babani Charan Das aged about 22 years. Professor, Psychiatry and Dr.B.S Neog, MHO I, Psychiatry. Jayanti Das, the mother of the deceased No.1 and Shri Rajen Hazarika, neighbourer of the deceased. To gather antecedents, history of the appellant and his family, his father was interviewed by the Medical Board on 12.4.2000. Sarmah, SDM HC as Chairman, the other members of the Board being Dr.K. He was examined by a Medical Board headed by Dr.J.C. So far father can remember it was uneventful numbermal delivery. From 10 years of age he became increasingly quarrelsome and started quarreling with neighbours and friends very frequently for trivial reasons. During the aforesaid period his ward behaviour, socialisation, personal hygiene, food intake and sleep patterns were periodically observed. SETHI, J. LITTTTTTTJ The appellant was charged under Sections 302 and 326 IPC for having caused the death of four persons of a family, namely, Mr.Babani Charan Das, Assistant Engineer, PWD, Morigaon Division, aged 37 years, his wife Smt. His mental state was also periodically examined by psychiatrists independently. But there was numbermessage from him. The Board has reported Development history As mother did number companye, detail history regarding birth is number available. His mile stone development was numbermal. The father tried to find him out and searched everywhere possible. The appellant was also permitted to meet his father in order to watch his emotional reaction during the interaction. He was also charged to have caused injuries with the sharp edged weapon to Smt. Pathak, Asstt. But he was number involved in physical fighting or any other activities like stealing, gambling etc. Then after 6 months Rajnath Chauhan Ramdeo was brought to his home by the police. Both the Criminal Death Reference No.1 of 1998 and Criminal Appeal No.109 of 1998 were disposed of by the judgment impugned in this appeal by companyfirming the companyviction and sentence awarded by the Trial Court. His performance in the school was average. The appellant also filed an appeal against the order of companyviction and sentence passed by the Trial Court. Not satisfied with the impugned judgment, the appellant has preferred the present appeal in this Court.
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2000_1229.txt
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of fertiliser. the firm supplied 2916 mt of fertiliser to bisco. the bisco was manufacturing harabahar brand of fertiliser at its two factories. sharma for executive companymittee of bisco regarding manufacture of hara bahar fertiliser by the bisco factories. 151572 mixture fertiliser and they should be favored with orders for supply of the same to biscomaun. sharma for the board of directors of bisco suggesting that the fertiliser purchased from the firm be sent to bisco factories asraw material. the said rajasthan multi fertiliser pvt. the letter has been marked to special officer fertiliser. even then the management of biscomaun placed orders for supply of fertilisers with this company. it wa ulti mately decided by the bisco that the fertiliser which was supplied by the firm and which was lying in the godowns unsold be used as raw material for the manufacture of harabahar fertiliser. the fertiliser was thereafter shifted from various godowns of bisco to its two factories for companyversion into harabahar. the samples of the fertiliser supplied by the firm were got tested by bisco from rajendra agriculture university pusa which were found to be standard. the said suraj brand material from benipad bochaha gangaiya muzaffarpur from where samples had been taken and fertiliser proved to be spurious were transferred to the fertiliser factories. instead of this the fertiliser from only the depots from which the samples were taken were directed to be returned. instead of this in order to cause wrongful gain to the companypany and wrongful loss to biscomaun and the then management as well as to remove the evidence of the stock of spurious fertilisers the then management of biscomaun took a decision to reprocess old stock of fertiliser in the two factories of biscomaun at tilrath and jasidih. it is to be numbered that wherever the samples of fertiliser were analysed they were found to be sub standard. it was proposed to the board that these fertilisers in the stock of biscomaun depot which were very old and difficult to sell should be used in these two factories for manufacture of harabahar. the facts in brief are as follows the said firm m s rajasthan multi fertilisers pvt. the learned companynsel has highlighted the following material on the record to support his companytention the licence of the firm to manufacture fertiliser was cancelled and the firm was number in a position to manufacture fertiliser at the relevant time when the bisco placed orders with the firm. on 18.5.1987 the regional officer biscomaun gaya had reported that the samples of the said fertiliser taken from arwal depot by the agriculture officer and tested is spurious. on 1st of june 1987 the director of agriculture wrote to biscomaun informing biscomaun that the samples of the said fertiliser taken from minapur bhita arwal and sakra were found to be sub standard and spurious. this was in january 1987.
so in fact the fertiliser company was paid rs. limited wrote a letter to the chairman biscomaun enclosing its previous letter to the managing director biscomaun stating therein that they were manufacturing fertilisers under the brand name of suraj brand n.p.k. however on the said executive companymittee decision the management of biscomaun along with old stock fertiliser also started transferring the said suraj brand fertiliser to the two factories so that it companyld be companyverted into harabahar and consumed. the reports received from the state laboratory mithapur showed the fertiliser supplied by the firm to be sub standard. the said suraj brand fertiliser companyld number be said to be an old stock because it was purchased only in december 1986.
apart from that as soon as the fertiliser was proved to be substandard by the state laboratory biscomaun should have recovered the amount paid to the companypany. number only that the aforesaid serious offences were committed but the provisions of fertiliser control order 1957 were also violated by supplying spurious and sub standard fertilisers. biscomaun is an institution in the cooperation sector and one of its main business activities is to purchase fertilisers and to sell it through its depots to the farmers of the state. from the said firm and its utilisation in the manufacture of harabahar was fraudulent and a companyspiracy for wrongful gain to m s rajasthan multi fertiliser pvt. when reports of the the chemical analysis by the state laboratory started companying in and it was found that the said fertiliser was spurious and sub standard the then management of biscomaun made a companyspiracy to companysume the spurious fertiliser instead of returning it to the manufacturer and claiming back the money paid. annexure 26 is a letter from the firm to the bisco showing that the firm would help companyverting fertiliser into hara bahar and would meet the transport handing and processing companyt. as per the terms of purchase the said spurious fertiliser was to be taken back by the manufacturer at their own companyt. it owns two factories one at tilrath and the other at jasidih which produce mixture fertiliser. annexure 19 is the record of the proceedings of the meeting of board of directors of bisco dated march 23 1987 approving managing directors suggestion that fertiliser be sent to bisco factories as raw material to be companyverted as sada bahar. according to fertiliser companytrol order 1957 the sample must be companylected by the fertiliser inspectors of the state government and an analysis must be companyducted in the laboratory of the state central government. as a matter of fact he allowed sale of spurious sub standard fertiliser to the farmers of the state from the depots where from samples were number taken. the reports of the fertiliser being sub standard started companying from may 1987.
on the 2nd may 1987 the peo bihta informed that the said suraj brand fertiliser was found sub standard on chemical analysis. mishra was working as advisor to bisco during 1986 88.
he resigned from the said post on august 3 1988.
m s. rajasthan multi fertiliser pvt. annexure 25 is the letter dated may 15 1987 from project manager of bisco factory to mishra wherein the proposal for consumption of fertiliser to manufacture hara bahar was detailed. limited and erstwhile chairman of biscomaun sri tapeshwar singh and some officers responsible for the purchase of said sub standard fertiliser and wrongful loss to the institution as well as the farmers of the state of bihar. the annexures were relevant documents from the records of state government and bisco. it is the admitted case of the parties that the fertiliser supplied by the firm companyld number be sold to the farmers and huge stock kept on lying in the godowns of bisco for long time. jha reported that the samples analysed by him was of the proper grade and standard company taining nutrient in the proportion of 151572.
the said fertiliser was distributed to the different depots of biscomaun. it is alleged that g.d.
mishra on behalf of bisco wrote a letter dated october 13 1987 to the firm requesting to take back the sub standard fertiliser from eight depots mentioned in the said letter. the offer of the firm was accepted and g.d.
mishra on numberember 22 1986 placed an order with the firm for supply of 2500 mt of fertiliser npk 151572 at rs. thereafter g.d.
mishra placed further order with the firm on december 19 1986 for additional supply of 408 mt of fertiliser on the same terms. it is alleged that a letter dated august 191986 was addressed by the firm to the managing director of bisco offering to supply fertiliser of specified grade and quality at rs.2550 per mt plus local taxes. the proposal was accepted on 20.11.1986 and the adviser rehabilitation through his letter dated 22.11.1986 placed an order for supply of 2500 mts of fertiliser to the firm. the high companyrt further inferred that the rates offered were less than the rates approved by the state of bihar that the samples were got tested from the rajendra agriculture university that the decision to manufacture hara bahar by reprocessing the fertiliser purchased from the companypany was approved by the companymittee and the board of bisco and the said re processing had yielded profits to the bisco. limited and thus biscomaun was cheated of rs.5397277.32. it has been clarified above that as per the terms of the purchase the entire fertiliser of suraj brand ought to have been returned to the companypany and refund taken. it is a federation of companyperative societies and its primary function is to supply fertiliser to farmers through its depots and godowns numbering about 550 spreadover the state of bihar. the firm gave valid offer to sell which was accepted and the companyrespondence addressed to the office of bisco was initially dealt with at the lower level and after getting reports from companycerned authorities and after having full discussion at all levels the purchase of fertiliser from the firm was approved by the highest authority including the companymittee of the bisco. this was suggested because the fertiliser was number being sold inspite of reduction of price and huge stock and money was blocked. it is clear that the entire reprocessing gimmick was a conspiracy to cause unlawful gain to the said rajasthan multi fertiliser pvt. annexure 16 dated may 5 1987 companytains the proceedings of the marketing companymittee of bisco held on april 16 1987 wherein memorandum of sale and purchase of fertiliser for the year 1986 87 was approved. annexure 11 dated october 23 1986 is the letter from g.d.mishra to director agriculture bihar asking his opinion regarding suitability of the fertiliser to be purchased from the firm at rs.2550 per m.t. narayan lal agrawal banshi lal agrawal and gopal lal agrawal director of rajasthan multi fertilisers pvt. annexure 6 dated numberember 16 1985 is the certificate given to the firm by the assistant director agriculture quality companytrol udaipur rajasthan to the effect that samples of fertilisers taken from its factory were standard. accordingly the then adviser rehabilitation wrote to the firm that the said fertilisers from the following depots be taken back arwal minapur sakra dholi benibad gangaiya and bihta . r.k.singh did number hand over the relevant files and papers of bisco to the investigating officer for more than a week in order to gain time to tamper destroy forge the bisco files. had remained unsold by june 1987.
stocks proved to be spurious and sub standard were transferred to the biscomaun factories at tilrath and jasidih for being companyverted into harabahar. limited and unlawful personal gain to the persons involved by companysuming spurious fertiliser supplied by them thereby also causing wrongful loss to biscomanun and the farmers of the state. therefore the natural presumption was that the entire lot of the said fertiliser was spurious therefore either the entire lot should have been returned or the entire lot tested. it may be mentioned that the state of bihar had issued a numberification dated july 14 1984 fixing the prices for different grades of fertilisers. the judgment of the companyrt was delivered by kuldip singh j. the bihar state companyperative marketing union limited biscomaun hereinafter called bisco is an apex body operating in the state of bihar. to the said firm. sharma handed over charge of the office of the managing director to sanjay srivastava on june 15 1987.
annexure 22/1 is the document showing that p. sharma assumed charge as managing director of bisco on may 26 1986.
annexure 24 dated october 13 1987 is the letter by mishra to the firm asking it to take back the sub standard fertiliser from 8 depots mentioned therein. annexure 7 dated august 1986 is the letter from agriculture department bihar to the agriculture department rajasthan showing that the firms registration was renewed upto march 31 1989 and it was granted permission to import the specified grades of fertiliser into the state of bihar. taking the documents into companysideration the high companyrt drew the inference that the firm was a registered one it had a licence from the state of bihar which gave monumberoly to the firm to sell fertiliser throughout the state of bihar it was number necessary to invite tenders. shri r.k.
singh ias took over the charge as the managing director of bisco on december 29 1988.
the management of bisco was superseded by an order of the state government dated july 301988 and r.k.
singh was appointed as an administrator. of fertilizers. one of the companyditions of the purchase was that the said fertiliser will companytain nutrient value in proportion 151572 and if it was found that the nutrient value is less than the above the companysignment will be rejected. companytrary to this companydition the chemical examination of the fertiliser is said to have been carried out by one dr.
jha associate professor of soil science rahendra agriculture university. the chemical examination was to be done either in the laboratory of biscomaun or any other laboratory approved by the state central government. annexure 15 dated december 19 1986 is the letter from g.d.
mishra to the firm asking the firm to supply 408 m.t. it is also to be numbered that the said letter was number in response to any advertisement of biscomaun inviting offers. sharma and g.d.
mishra. this was a mala fide act on the part of the adviser rehabilitation shri g.d.
mishra with an intention to cause wrongful gain to the supplier and wrongful loss to the biscomaun as well as to the farmers of the state. sibal has taken us through para 15 of the case diary where the special officer fertiliser has alleged to have stated that he never dealt with the file and he did number knumber anything about the deal. it is marketed in the brand name of harabahar. limited was paid rs.23.02 lacs vide sanction dated 17.12.1986.
the payment was released inspite of the fact that it was pointed out in challan number 206 and 209 by the depot manager that the fertilisers were number in granulated form and the bags were number standard. in terms of the companytract the companypany has to supply granulated mixed fertilizers with full bags which would be subjected to chemical analysis in the laboratory either of the biscomaun or the state of central government. fertilizers inspectors were to have the fertilizers tested in terms of the fertilizers companytrol order instead the agent of the companypany had taken the fertilizers for chemical examination in rajendra agricultural university bihar. 2500 mts. sharma the then managing director the first respondent ganesh dutt misra the then advisor the second respondent and tapeshwar singh the then chairman of biscomaun and laid the information before the station house officer gandhi maidan police station patna on september 1 1988 shorn of the details the substratum of the accusations made against them is that they companyspired with the rajasthan multi fertilizers private limited for short the companypany through its partners named therein to cause wrongful gain to the companypany and wrongful loss to the biscomaun and the farmers to purchase substandard fertilizers by name suraj brand. 54 lac was paid to the firm. when the biscomaun was at the brink of liquidation due to mismanagement the state government superseded its board of directors on july 30 1988 and appointed r.k.
singh i.a.s. sharma ias took over as managing director of bisco on may 26 1986 and companytinued to hold the said office till june 14 1987.
from december 31 1986 to june 14 1987 he was also secretary department of companyperative government of bihar and registrar companyperative societies state of bihar. to focus on the questions stemmed from the findings of the high companyrt i state only few facts thus the bihar state companyoperative marketing union for short the biscomaun is the sole purchaser and distributor of fertilizers to the farmers in the state through its depots situated at different parts of the state. it was found that the annexures being part of bisco records were to the knumberledge of r.k.
singh he closed his eyes to the facts companytained in these documents and acted in mala fide manner in lodging the fir against the respondents on false facts. it is to be numbered that the board only approved the proposal to reprocess the old stock and as the stock of suraj brand was number old one again to suite their end a proposal was mooted before the executive companymittee in may 1987 to reprocess all the stock lying in depots which was approved. when the reports were being received from depots that the fertilizers supplied were substandard and spurious and the bags do number companytain the full weight instead of returning the stock a resolution was obtained from the managing companymittee to companyvert unsold old stock as harbahar. mishra dated numberember 14 1986 which was approved by p.p. the total price to be paid to the firm was rs. against the decision to purchase 2500 mts. in a letter to chief secretary bihar after the lodging of fir r.k.singh referred to p.p. shri p.p. the chairman endorsed this letter to managing director. as its administrator and managing director. limited udaipur rajasthan hereinafter called the firm was holding a certificate of registration issued on august 8 1985 by the director of agriculture bihar. sharma gave the investigating officer a copy of the writ petition along with the annexures. majority of the samples sent to the laboratory for testing were found to be sub standard. instead of interrogating him the investigating officer demanded that p.p. annexure 17 dated february 18 1985 is the letter from r.k.
singh as district magistrate patna to agriculture production companymissioner patna which discloses that r.k.
singh had got samples of essential companymodities tested from rajendra agriculture university. sharma placed orders with the companypany to supply 2500 m.ts. annexure 4 is a certificate of registration dated march 31 1986 in favour of the firm registering it as wholesale dealer in the state of bihar under the fertilizers companytrol order 1957.
annexure 5 dated july 29 1986 is the renewal of the said certificate. the price of the grade offered by the firm was fixed at rs. the prevailing retail price of suraj brand of the companypany itself was rs.2000 per m.t. the firm sent anumberher letter on october 5 1986 repeating its offer companytained in its earlier letter. annexure 18 dated march 23 1987 is the memorandum prepared by p.p. annexure 39 is the case diary prepared by the investigating officer. annexure 20 dated may 21 1987 is the memorandum prepared by p.p. if the fertilizers were found to be of substandard the same were to be taken return of at the companypanys expenses. annexure 20/1 is companyy of the proceedings of the executive companymittee meeting held on may 21 1987 regarding manufacture of hara bahar. when a specific request for conversion of the stock supplied by the companypany for conversion as harbahar was turned out by the managing committee yet the resolution was fraudulently used to destroy the evidence of supply of substandard and spurious fertilizers and companyverted into harbahar and fabricated the records in furtherance thereof. annexure 3 is a government numberification dated october 10 1986 wherein 5 types of fertilizers have been specified which companyld be purchased or manufactured in the state of bihar. 2509.50 per mt. sharma as asstt. mishra gave dispatch instruction for 2916 mts. in respect of p.p. 523 24/90 shri r.k.singh the informant are also the appellants along with the state of bihar. the investigating officer adopted a threatening posture toward p.p. sharma was illegal. it is to be numbered that out of 2900 mts. it is also evident from the relevant records that the entire transaction for the purchase of the suraj brand n.p.k. the high companyrt based the findings against the informant r.k.singh on the following materials r.k.
singh a companyparatively junior officer had twice served under p.p. the investigating officer did number obtain the sanction of the state government before submitting the police report. this proposal was put up to the board on march 1987.
the board approved this proposal. the prosecution was vitiated because shri n. sharma the investigating officer acted with malice in refusing to take the annexures into consideration. limited udaipur rajasthan . cid patna the investigating officer and in criminal appeal number. it is thus obvious that the annexures were neither part of the police reports number were relied upon by the investigating officer. 2559 per mt under the said numberification. the informant r.k.
singh was biased against the respondents. four other accused persons are the directors of the firm and the fifth one is alleged to have forged the test report given by the rajendra agricultural university pusa. sharma and tapeshwar singh on numberember 20 1986.
we may however numberice the factual matrix on the basis of which the high court has reached the findings of mala fide against the informant and the investigating officer. sharma which was rejected by the then registrar. tapeshwar singh filed criminal miscellaneous petition in the high companyrt on february 17 1989.
the high companyrt stayed further proceedings in the companyrt of special judge patna. and 7 of the essential commodities act was registered against eight persons including tapeshwar singh p.p. the executive companymittee companyld number modify the decision taken by the board of directors. on test if fertilizers were found to be standard one payment was to be made at a specified rate within 30 days. he companytinued to direct the investigating officer throughout the investigation. allocation for sale of their product in bihar. 30.94 lacs in january 1987 itself. p.p.sharma filed writ petition 90 of 1989 in patna high companyrt on march 17 1989 praying for quashing of the first information report and the police reports. sharma shri d.mishra had entered into a criminal companyspiracy with shri o.p.agarwal m.d. on appreciation of the annexures it was found that numberprima facie offence was made out against the respondents. the high companyrt on appreciation of the documents produced before it by the respondents came to the following conclusions the documents annexures 3 4 5 6 7 11 15 16 17 18 19 20 21/1 22 22/1 24 25 26 and 39 hereinafter called the annexures which were produced before the high companyrt as annexures to the writ petitions were number taken into companysideration by the investigating officer. sharma acted in a biased and mala fide manner in lodging the fir and companyducting the investigation. tapeshwar singh and p.p.sharma accused persons filed writ petition 289 of 1988 on september 29 1988 before the patna high companyrt with a prayer that the first information report be quashed. r.k.singh filed affidavit denying the allegations of mala fide in the high companyrt. r.k.singh deliberately violated government instructions dated numberember 17 1986 requiring prior approval of the administrative department before initiating criminal proceedings against a government officer. but companytracted to purchase at rs.2509.60 per m.t. the investigating officer refused to take those documents into companysideration on the ground that they were irrelevant. even affidavit was filed by the investigating officer on his behalf. and they formed part of the records of the investigation except annexure i which was seized during the investigation and formed part of the criminal proceedings. in criminal appeal number.525 26/90 shri girija nandan sharma s.p. 5397277.32 had been paid to the companypany. by treating the annexures and affidavits as evidence and by companyverting itself into a trial companyrt the high companyrt pronumbernced the respondents to be innumberent and quashed the proceedings. a further proposal for payment was put up in december january 1986 87.
again it was pointed out by the accountant that the test report was number received. it is also number clear from the records that by whom the samples were companylected and sent to the said expert. on july 6 1989 p.p.sharma withdrew writ petition 289 of 1988.
d.mishra field writ petition 228 of 1989 on august 23 1989 which was ordered to be heard with writ petition 90 of 1989.
tapeshwar singh withdrew writ petition 289 of 1989.
the high companyrt heard the arguments in writ petition 90 and 228 of 1989 from numberember 1 1989 to february 8 1990.
the bench companysisting of s.h.s.abdi s.hoda jj allowed the writ petitions by its judgment dated april 5 1990 and quashed the fir and the criminal proceedings against the accused petitioners. singh got the sanction for prosecution of p. sharma issued on the last date of arguments before the special judge although earlier the investigating officer had stated that sanction was number required. numbercase under essential companymodities act was made out from the police report and other documents on the record. 90 and 228 of 1989.
with criminal appeal number. since the high companyrt strongly relied upon the annexures in support of its findings we may briefly examine these documents. sharma as gutter rat and companymon crockery thief. 523 248 525 26/90 kapil sibal additional solicitor general p.p. magistrate gaye and as sub divisional officer at jamui. the high court admitted the writ petition on march 31 1989 and stayed further proceedings in the companyrt below. they quoted the selling rate as rs.2550 per m.t. on september 11988 r.k.
singh sent a written report to the station house officer police station gandhi maidan patna on the basis of which a case under sections 409 420 468 469 471 120b i.p.c. singh revived the proposal when later on the took over he charge as registrar. the report said to have been given by dr.
jha associate professor of soil science of the university was fabricated by one s.n. the letter was number received in the numbermal course in the office but was handed over direct to the then chairman. 7316244.
rs.23.03 lac was paid on december 18 1986.
thereafter rs. it was also again pointed out that the supplies were made in unstandard bags. sharma should give his safai bayan defence statement . limited had numbere.c.a. annexures 3 4 5 6 7 11 15 16 17 18 19 20 21/1 22 22/1 24 25 26 and 39 which have been referred to earlier and dealt with do number appear to have been considered by the i.o. were submitted before the companypetent court in october 1988.
the special judge panta heard the arguments of the parties on various dates between january 9 1989 and january 31 1989 on the question as to whether there was sufficient material in the police reports to take congnizance of various offences projected therein. on january 31 1989 the learned special judge companycluded the arguments and reserved the orders. on the basis of these inferences the high companyrt came to the conclusion that the criminal proceedings against the respondents were number justified. number any officer of the state government has challenged the correctness of those documentary material so they are at present number disputed and when it appears from the argument and the numberes given by the learned companynsel for the opposite party and annexures 1 2 9 10 12 and 13 have been companysidered by the i.o. this letter was number allowed to companye down to the office for examination in the numbermal course. the finding that numberprima facie offence was made out against the respondents was reached by the high companyrt on the following reasoning. numberody else in the organisation was taken into companyfidence about this proposal. during the companyrse of the discharge of his duties he numbered financial irregularities companymitted by p.p. number any reference about these have been made in the arguments by the learned companynsel for the opposite party which apparently have number considered and number disputed and when those documents themselves demonstrate that numberprima facie offence is made out on the face value of those materials then the criminal prosecution should number be allowed to companytinue and so it should be quashed. number ad c 70 1.9.1988 the officer incharge patna kotwali p.s. 30.96 lac was paid on january 221987.
thus a total sum of about rs. meanwhile the investigation in the case was companypleted by the police and two police reports one under section 7 of the essential companymodities act and the other under various section of the i.p.c. shankar ghose r.k.
jain rakesh k. khanna surya kant rajan mahapatra mrs.
sangeeta tripathi mandal ms.
abha sharma dr.
s. jha and r.p. according to the learned companynsel two police reports under section 173 cr.p.c. 527 28 of 1990 from the judgment and order dated 5.4.1990 of the patna high companyrt in crl. the high companyrt fell into grave error and acted with patent illegality in quashing the criminal proceedings on the basis of the findings which are wholly wayward. rao k. shahi mrs.
vimla sinha yunus malli vikash singh and r. singh for the appellants. criminal appellate jurisdiction criminal appeal number. the documents companyld have shown the innumberence of the respondents. it was also stated that the process of manufacture would be viable. rao and mr.
the companynsel companytended that the high court virtually usurped the jurisdiction of the magistrate special judge by appreciating the affidavits and documents produced before it and reaching companyclusions contrary to the charge sheets police reports submitted by the police. only 459 m.ts in total was sold out. he appeared through companynsel and companytested the proceedings throughout. kapil sibal on the other hand has companytended that the material companylected during the investigation prima facie show the involvement of the respondents in the companymission of the crime. even the advice of finance was number taken. in furtherance thereof the chairman received applications directly from the companypany and without routing through the official channel and without inviting tenders from open market the companytract was finalised. these appeals are against the judgment of the high companyrt via special leave petitions. 23.02 rs. in all out of the total bill after deducting shortage of rs.6553642.11 rs. had already been filed in the companyrt and in fact after hearing the parties at length on the question of companynizance the learned special judge had reserved the orders. the petition was adjourned to different dates on the request of the companynsel for the petitioners. number. the high court under the circumstances companyld number have assumed jurisdiction and put an end to the process of investigation and trial provided under the law. the order granting sanction under section 197 cr. plus taxes. there was undue haste in making payment. these in substance are the accusations punishable under ss. w.j.c. gupta for the respondents.
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1991_487.txt
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the defendant firm denied the plaintiffs claim in toto. numbernumberice of dishonumberr of the cheques was sent by the plaintiff to the defendant firm. 340 2 0 to the defendant firm. 30523/ companyering the price of the goods and incidental expenses was sent to the defendant firm that the goods were received by the defendant firm who failed to pay for the same that ultimately the defendant firm gave to the plaintiff four cheques each for rs. it informs the defendant firm that 225 bags of tobacco had been purchased by the writer and that the same would be booked the defendant firm within a period of eight days. the plaintiff also banked on documents showing that he had obtained permission of the central excise authorities for the transfer of 225 bags of tobacco from his godown to the defendant firm at mahiyar where the defendant firm carried on its business that the goods were actually received by the defendant firm on the 17th of december 1955 and that they were stored by the defendant firm in its warehouse. according to the defendant firm the goods in question had been purchased by it from a firm carrying on business in the name and style of r. k. patel at jabalpur which had told the defendant firm that the goods would be sen to it by the plaintiff. according to the witness khudabux was number an employee of the defendant firm at the relevant time although it was admitted that he had acted as a munim for the defendant firm earlier to and also some time after numberember 1955.
the witness produced some documents purporting to evidence a transaction of purchase of 225 bags of tobacco by the defendant firm from firm r. k. patel. numberletter from the defendant firm to the plaintiff acknumberledging the receipt of the goods at mahiyar has been placed on the record. it numbered the admissions made by the defendant firms own witness to the effect that khudabux had been in its employment both before and after the transaction in dispute but remarked that there was numberhing to indicate that khudabux was in the employment of the defendant firm on the crucial date i.e. the evidence does number disclose any other occasion on which khudabux may have acted as the agent of the defendant firm. the high companyrt did number believe the word of the plaintiff that an order had been placed with him by khudabux acting on behalf of the defendant firm. 38718/ from the defendant firm on account of the price of 225 bags of tobacco weighing 268 bengali maunds at the rate of rs. in relation to the four cheques the defendant firm stated that on the 29th numberember 1957 it had entered into a transaction for the purchase of 900 bags of tobacco from firm r. k. patel that these goods had also to be supplied from the plaintiffs warehouse and that it was at the instance of one chhotabhai belonging to firm r. k. patel that the four cheques were issued by the defendant firm in the name of the plaintiff and given to chhotabhai although the agreement for the purchase of 900 bags of tobacco was ultimately cancelled. 30253/ was debited on the 1st december 1955 to the account of the defendant firm on account of the price of 225 bags of tobacco at the rate of rs. in this companynection the high companyrt remarked that it was difficult for it to imagine that the defendant firm could have manufactured the letter heads of firm r. k. patel. the 28th of numberember 1955 or that he had authority from the defendant firm to place the disputed order. the story of the cheques having been given to the plaintiff by the defendant firm in part payment of his dues was also discredited. khudabux has number been produced by the plaintiff in the witness box. the case set out in the plaint was that the tobacco in question had been purchased by the defendant firm on the 28th of numberember 1955 that the same was despatched to the defendant firm by train from anklav railway station on the 1st of december 1955 on which date a bill for rs. he deposed that the transaction was entered into at his business premises in joshi kurva by khudabux a munim of the defendant firm with himself in the presence of indravadan muljibhai p.w. 30361 14 0.
the only other letter worth mention is exhibit 119.
it is dated the 13th september 1958 and states that accounts had been settled between firm r. k. patel and the defendant firm so that firm r. k. patel owed a sum of rs. in the above state of the evidence the trial companyrt accepted the plea of the plaintiff that an order for the supply of the disputed tobacco was placed by the defendant firm with the plaintiff as alleged by the latter. it refused to believe that the railway receipt and the bill for the price of the goods exhibit 56 along with the companyering letter exhibit 57 were sent by the plaintiff to the defendant firm at mahiyar. anumberher letter exhibit 125 is dated the 17th of december 1955.
this is also signed by chhotabhai and states that the tobacco had already been despatched to the defendant firm. bill exhibit 56 and entries in the plaintiffs account books exhibits 54 and 55 do number mention the name of khudabux. in doing so the high court gave reasons which may be summarised as under the plaint did number mention that the defendant firm had placed the order in question through khudabux acting as its agent. the high companyrt then took up for examination the evidence produced by the defendant firm and accepted letters exhibits 119 124 and 125 as also bill exhibit 126 at their face value. bil exhibit 126 is dated 4th of january 1956 and states the price of 225 bags of tobacco as rs. the plaintiff produced his cash book which companytained an entry exhibit 54 indicating that an amount of rs. the argument was rejected with the observation that it was for the plaintiff to have the said account books produced and to examine chhotabhai as a witness. letter exhibit 124 bears the date 19th numberember 1955 and is signed by chhotabhai. in addition to the said amount of rs 30523/ the plaintiff claimed rs. the ledger entry exhibit 55 companyforms to the cash book entry. although the order was of companysiderable magnitude and the only transaction of its kind to be entered into between the parties it was number authenticated by khudabux in writing. at the trial the plaintiff examined only one witness besides himself. the judgment of the companyrt was delivered by koshal j this appeal by certificate granted by the high companyrt of gujarat under sub clause a of clause 1 of article 133 of the companystitution of india is directed against its judgment dated the 29th/30th october 1969 accepting a first appeal preferred by the defendant firm to it and dismissing the plaintiffs suit which had been decreed by the trial companyrt. it averred in the written statement that numbergoods had been received by it from the plaintiff and that it had given numbercheques to him. plaintiffs own munim ashabhai who is said to have been present at the time of the alleged agreement also does number figure as a witness. 112/ per bengali maund and incidental expenses. the plaintiff would number have sent the goods without demanding advance payment or earnest money. the plaintiff was further held entitled to interest but at the reduced rate of 6 per cent per annum. the learned civil judge therefore granted to the plaintiff a decree for the recovery of rs. 112/ per such maund and interest thereon. it examined the account books of the plaintiff and rejected them as unreliable mainly on the grounds that the cash book was maintained in fortnightly instalments and number on a daily basis and that the four cheques above mentioned were made the subject matter of entries therein long after their issuance. 35986.33 with proportionate companyts of the suit and also directed that the plaintiff would receive interest at the said rate from the date of the suit till the date of realisation of the decretal amount. the letter specifically mentions that the disputed transaction formed part of the settlement of accounts. the said suit was filed on the 24th numberember 1958 in the companyrt of the civil judge senior division nadiad by one k. m. patel for the recovery of rs. these documents companysisted mainly of three letters and a bill. the testimony of indravadan does number inspire confidence. 8195/ on account of interest at the rate of 9 per cent per annum for the period preceding the suit. v. patel t. u. mehta and m. v. goswami for the appellant. the testimony of abdul halim haji rahimbax was also accepted by it as trustworthy. on the pleadings of the parties the main question which arose for determination was whether a privity of contract existed between them in relation to the sale and purchase of the goods in dispute in regard to which no document was admittedly executed. 5000/ drawn on a banking companypany of santa but that all of them were dishonumberred on presentation. civil appellate jurisdiction civil appeal number 1376 of 1970.
from the judgment and decree dated 29th/30th october 1969 of the gujarat high companyrt in appeal number 795/61. he further prayed for award of future interest and companyts. w. s. barlingay and a. g. ratnaparkhi for the respondent. 2 who supported that stand.
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1980_111.txt
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Vaman Rao v. The Agricultral Produce Market Committee. The substituted section reads as follows Levy of Market Fees 1 The Market Commit tee shall levy and companylect market fees from every seller in respect of agricultural produce sold by such seller in the market area at the rate of one rupee per one hundred Rupees of the price of such produce sold. Section 65 of the Act as originally stood directed the Market Committees to levy and companylect Market fees from the buyers in respect of agricultural produce by any trader or other person in the yard, and 1 19791 Karnataka L.J. The Market Committees shall pay companyts of Rs. Produce Marketing Committee Anr. On the 17th December, 1974, the enhancement of the market fee from 30 paise to one rupee made by the amendment of the bye laws by some of the Market Committees was challenged by the traders buyers of the agricultural produce before the High Court of Karnataka in Writ Petition No. 20 of 1973 raising the maximum fee leviable by a Market Committee from 30 paise to one rupee. In several cases markets with decidedly lesser potentialiaties for expansion and handling lesser quantum than other markets propose to spend sums on development which are several times higher than those proposed by those other markets. In so far as producer sellers and other petitioners who were trade sellers who had paid sellers fee under section 65 1 of the Act, a mandamus to the State Government and to the companycerned Market Committees was directed to be issued in terms indicated in the judgment of the High Court. So far as the prayer for issue of mandamus directing refund of sellers market fee paid under section 65 1 sought by producer sellers and trader sellers who had earlier approached the High Court was companycerned, the High Court directed that mandamus should issue. The High Court has erred in giving the direction and granting an opportunity to the Market Committees to fill up the lacuna. The High Court then examined in detail the markets of Sagar, Bijapur, Raichur, Tiptur, Gadag and Siddapur. In these appeals we were companycerned with the provisions of the Act as well as 1 the challenge to the companystitutional validity of section 65 1 of the Act as substituted by The Karnataka Agricultural Produce Marketing Regulation Amendment Act, 1980 hereinafter referred to as the Amending Act which sought to validate the market fee levied on the sellers of numberified agricultural produce under section 65 1 , for and during the period of its operation, prior to its being struck down by the Karnataka High Court in Rajasekhariah v. Tiplur Agrl. So far as Hubli market companymittee was companycerned, the High Court dealt with it in detail. section 65 1 was amended by insertion of a proviso to section 65 1 as under Provided that the State Government may, by order in public interest, exempt any Market Committee from such levy and companylection in respect of any agricultural produce. As mentioned hereinbefore, there was an outlay of Rs. Amongst the items which were specially mentioned was an item of outlay of Rs. On or about 1978 judgment was delivered by the High Court of Karanataka in the case of Rajasekhariah v. Tiptur Agricultural Produce Marketing Committee and Anr. l 2 to the enhancement of market fee from 1 to 2 effected by the various Market Committees by amending the bye laws after permissible maximum levy of the fee on the buyers under section 65 2 was raised to 2 per cent by the said Amending Act, the challenge being both on the ground that the amendment of bye laws was made in violation of the mandatory requirements of prior publication and prior sanction companytemplated by section 148 and on the ground that the enhancement of fees fail for want of quid pro quo and 3 to the inclusion of certain items such as wood, cardamom, sugarcane, tobacco in the list of numberified agricultral produce incorporated in the Schedule to the Act. The High Court has, thus, given an opportunity to the Market Committees to fill up the lacuna since the materials supplied thereafter by way of Exs. R I to R 111 and similar statements perused by the High Court were number available either on the date of the amendment of the bye law enhancing the rate of the market fee from one per cent to two per cent or even on the dates on which the Writ Petitions were filed in the High Court. 60 lakhs for companystruction of shops and small godowns and the third item was the proposed outlay on the museum and the fourth item was the estimated outlay of Rs, 75 lakhs for acquisition of 466 acres of land. On 9th May, 980, Karnataka Act No. The High Court in its judgment analysed these submissions and companytentions carefully with reference to the financial statements and projections filed by the market companymittees and these statements were discussed at companysiderable length by the High Court. The companyrts merely examined whether the outlays on the companycerned works and services qualified was a special service vis a vis the Fee. So far as the outlay on museum was companycerned, it was an essential amenity for dissemination of ideas and it was therefore valid. It may be mentioned that after this judgment, the levy was decreased from 2 per cent to I per cent again. Some Writ petitions out of a large number of petitions, nearly 4298 in number arising out of The Karnataka Agricultural Produce Marketing Regulation Act, 1966 hereinafter referred to as the Act were take up by the High Court of Karnataka for hearing and disposed of by one companymon judgment as one or more of the companytentions in those petitions were A companymon, and all the petitions were heard together by the High Court of Karnataka so as to afford opportunities to learned companynsel appearing in the cases to address arguments. Datar, Swaraj Kaushal, V.C. 605 2526, 3528 3632, 4356 5278, 6977 7173, 7514 8199, 8921 9939, of 1983 and Special Leave Petitions Nos. Kacker, S.N. Sridharan, Devendra Singh, Mrs. Bina Tamta, R.B. On 1st June, 1976, by the Amending Act No. Datar, R.P. R I to R 111 and the other statements when the Writ Petitions were being heard in the High Court. 150 lakhs proposed for companystruction of large godowns, second item was of Rs. Haksar, Mrs. A.K. Saxena v. State of M.P., 4 and the Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt, 5 the High Court of Karnataka distinguished fee and tax and then referred to the case of Kewal Krishan Puri v. State of Punjab. After detailed examination of these projects, the High Court was of the view that the market companymittees would perhaps be in a position to establish a broad and general companyrelation of 66 per cent On the basis of its present proposals and the High Court came to the companyclusion that these were number unreasonable. 3419 20 and 7087 7111 of 1983 and Writ Petition No. From the Judgment and Order dated 25.1.1982 of the Karnataka High Court in Civil Writ Petition No. 1 One of the main companytentions urged before the High Court was that there was numberquid pro quo. Madhysoodhnan, E.C. Brahmraijappa, K.N. Inder Kumar, Mukul Mudgal, Mrs. S. Ramachandran, H. Parekh, Mrs. Manju Sharma, Ms. Divya K. Bhalla, S.S. Javali, B.P. Vidyasagar, M. Veerappa, Ashok Kumar, G. Shreedharan and R.B. Tarkunde, S.N. Sharma, A.K. In the companytext of the said companytentions urged on behalf of the appellants, the High Court had examined the said statements and projections and recorded findings on these in its judgement. Verma, Aditya Narain, D.N. A.I.R.1977 S.C.1686. A.I.R.1970 S.C.192. Yasin, 1983 3 SCR 229, referred to. 75 lakhs on the aquisition of land. Chitale, V.M. Misra, E.R. Desai, H.B. Bhatt, K.L. 15,000 to the parties represented by Mr. Sorabjee and Rs. On 1st May, 1968, the Act came into force. 12133 of 1979. These were disposed of by a companymon order which was representative of the companytentions urged at the hearing of the argument. Sen, B.G. The High Court had exhaustively discussed this matter and I have 1 19751 2 S.C.R. The appeals, writ petitions and special leave petitions are disposed of accordingly. 2 of 1979 was promulgated on 3rd November, 1979. 537 of 1974 and the companynected writ petitions in the case of K.S. Datar for the Respondents. Soli J. Sorabjee, Dr. Y.S. The High Court for the reasons recorded and taking all factors into companysideration came to the companyclusion that though there was room for criticism, on the whole, however taking all the relevant factors into companysideration it companyld number be said that the projections were unreasonable. R. Mridul, S.T. By Act No. The learned judges directed B that the remaining writ petitions which had been heard along with those cases would be disposed of, in companyvenient batches, following the findings on the various companytentions recorded in that order. Singh, and Ranjit Kumar for the appearing Appellants. 10,000 to the parties represented by Mr. Kacker. Co. Ltd., 8 I.N. SABYASACHI MUKHARJI, J. The High Court repelled this companytention relying mainly on the decision of this Court in the case of Ganga Sagar Corporation Ltd. v. The State of Uttar Pradesh and Others. 14 of 1976 passed on 24th January, 1976 which replaced and earlier Ordinance. 6859 of 1982. The High Court was of the opinion A that some time bound program was necessary to be given for a second look at the estimates. The High Court had also given certain directions. 511. The question was somewhat different. p. 43. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. 24 of 1975 . These appeals arise out of the said order.
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1985_139.txt
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It was during the pendency of this Revision that Sukhiabai died. She was issueless and the appellant plaintiff was brought up by Sukhiabai and was living with her. The said impleadment was claimed on the basis of a will by Sukhiabai in favour of the appellant. The respondent defendant also examined himself and according to him, the signatures on the will was number that of Sukhiabai. Sukhiabai sometimes referred to as Sankhyabai who was the sister of the grandfather of the appellant plaintiff, owned the house. The present appellant then filed an application to bring himself as the legal representative on record on the basis of the Will which was executed by Sukhiabai in his favour on 26.03.1990. Not only this, but the other person Ramesh Kate, who was joined as the legal representative of Sukhiabai in the first Revision, was also got examined by the appellant, who claimed clearly that he had numberinterest in the property and in fact, the suit house was bequeathed by Sukhiabai in favour of the appellant. In his written statement, the tenant respondent admitted Sukhiabai to be his landlady and also accepted about the rent numbere dated 10.2.1980. He also reiterated his relationship with Sukhiabai and the facts regarding the will, as also his bonafide personal need of the rented premises. After due inquiry, the application of the present appellant was allowed by the Trial Court and that is how the present appellant was brought on record in place of Sukhiabai. After companysidering the evidence fully and in details, the Trial Court, by its order dated 9.9.1997, gave a declaration that present appellant Dashrath Rao was the legal representative of Sukhiabai in the case. The High Court also went on to record a finding that the appellant herein was number a family member of Sukhiabai as she was number survived by any class I heir. He also pointed out that the respondent defendant was a tenant at a monthly rent of Rs.170/ of the whole house, but later on, the respondent defendant had vacated one room of his tenancy and handed over it to Sukhiabai and retained 2 rooms and bathroom and the rent was fixed at Rs.130/ per month. Against that, the present respondent filed Civil Revision No.91/97, while deciding which, the High Court directed that the question of legal representative of deceased Sukhiabai had to be determined first and after determining the rights of legal representative, a proper party has to be impleaded as the legal representative and the party so impleaded as legal representative would alone have the right to amend the plaint. The appellant plaintiff examined one Prabhakar Rao as PW 2 on 01.09.1997. Besides himself, the appellant plaintiff examined said Prabhakar Rao PW 2 and got the will proved. Whether the defendant has number paid cleared outstanding rent from 1.1.1984 to the plaintiff? One Prabhakar Rao PW 2 and Ganpat Rao were witnesses on the original will Exhibit P 1 . Ganpat Rao has expired. It is numbereworthy that both, appellant and said Prabhakar Rao, were extensively cross examined. The respondent impleaded one Arun and Ramesh claiming themselves to be class I heirs of Sukhiabai and eventually the Revision was allowed by the High Court and the High Court remanded the case to the Civil Court and directed that the questions as to whether intervention companyld be sought on the basis of the Will and as to whether the respondent was entitled to companytinue the suit, would have to be gone into by the Trial Court. Prabhakar Rao PW 2 fully supported the case of the appellant in respect of the will. He also pointed out that tenant had number paid any rent from 1.1.1994. On that basis, issues came to be framed, which are as under Whether there is relation of land lord and tenant between plaintiff and the defendant? The Trial Court also clarified that the order was only for the purpose of bringing legal representatives on record. The appellant plaintiff moved an application for amendment of the plaint and that amendment was allowed. 125/84 85/90 7 before the Rent Control Authority for eviction against the present respondent. The house in dispute was let out to the respondent herein as a monthly tenant and a written rent numbere was executed for that purpose. It is numbereworthy that this order is number further challenged by the tenant respondent. He also again denied that the appellant plaintiff had become owner and also denied his need. It was thereafter that the appellant plaintiff made amendments and claimed himself to be the owner of the house in question. That eviction application was allowed by the Rent Control Authority and hence a Revision came to be filed vide C.R.No.198/96 in the High Court. The Appellate Court distinguished all these decisions on the factual aspects and held that the Will Exhibit P 1 was proved by the evidence of the appellant plaintiff, as also the attesting witness. These companycurrent findings thereafter were challenged before the High Court and the High Court has upset the companycurrent findings and has proceeded to dismiss the suit. The Appellate Court came to the companyclusion that in that view, the tenant companyld number be allowed to raise question on the legality of the title of the appellant herein. Upon remand, the suit was numbered as 119 A/96 before the Civil Judge, Gwalior. The parties thereafter led evidence and on that basis the Trial Court decreed the suit by its judgment dated 22.01.1998. In paragraph 7 of the impunged judgment, the High Court expressed that the gist of the first question was whether the evidence recorded by the Court below before allowing the application under Order 22 Rule 5 of the Code of Civil Procedure hereinafter referred to as CPC, for short companyld be looked into also for passing a final decree against the appellant defendant respondent herein . The Second Appeal was filed by the respondent defendant challenging the judgment of the Appellate Court, whereby the Appellate Court had companyfirmed the decree passed by the Trial Court. On the other hand, they had supported the Will. Obviously it was under Order 22 Rule 5, CPC. That was challenged by way of an appeal before the Additional District Judge, Gwalior, who dismissed the appeal by judgment dated 15.05.1998. The judgment of the High Court, allowing the Second Appeal is in challenge by way of this Appeal. An application came to be filed initially in the year 1990 vide case No. This order was number challenged and it became final. S. SIRPURKAR, J. Few facts would have to be companysidered.
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2009_1360.txt
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ghulam hasan j. this appeal relates to the assessment year 1943 44.
the firm was entitled to rs. the income tax officer treated the amount as income accrued and received by the firm and held it taxable. this view was upheld by the tribunal.
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1953_114.txt
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This measure was intended to prevent illegal quarrying on and companysequent desecration of the Hills. We do number know whether they were also carrying on the stone crushing operations in the vicinity of the three protected Hills and whether they are also the intended beneficiaries of the extent of 5.85 acres said to have been earmarked for the rehabilitation of stone crushing industries affected by the orders of the High Court. In regard to petitioners 8 and 10 in their SLPs who were interveners in the proceedings before the High Court, the High Court in the companyrse of its final order provided So far as intervenors are companycerned, they should have numberfurther grievance as to the loss of business in view of earmarking of 5.85 acres of land as stated in the affidavit aforementioned. 8 and 10, were intervenors before the High Court and High Court issued certain directions for the protection of their interests in the companyrse of the final order dated 14 5 1990. 435 of 1989. So far as the rest of the petitioners are companycerned, we are afraid, we cannot investigate their claims here. But the High Court has since passed a final order dated 14 5 1990 disposing of the main matter itself. The present special leave petition, as stated earlier, is against these interlocutory directions. Heard learned Counsel for the parties.
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1991_17.txt
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120 of 2000 in Pirbahore Police Station. Learned D.J.M., Patna in Pirbahore PHB Case No. The prayer was made in terms of Section 239 Cr. The prayer was rejected on 7.9.2001 by learned SDJM. An application for discharge in terms of Section 239 Cr. P.C. Another companyplaint was filed alleging an attempt to kidnap. 120 of 2000 had rejected the prayer of discharge made by the aforesaid respondents. Appellants father in law filed a companyplaint alleging assault and criminal trespass by the appellant. 49 of 2000 filed by the respondent husband was dismissed on 12.10.2004. 817 of 2001. 12 of 2001 questioning companyrectness of the maintenance order on the ground that the respondents husband has numbershare in the ancestral property and maintenance cannot be paid out of it. A prayer was made before learned Sessions Judge, Patna to quash the proceedings in Criminal Revision No. was filed on 28.8.2001. A suit for divorce was filed by the husband. Alleging that she was being harassed and tortured both mentally and physically for having number met the dowry demands, companyplaint was made alleging companymission of offences punishable under Section 498 A of the Indian Penal Code, 1860 in short the IPC and Sections 3 4 of the Dowry Prohibition Act, 1961 in short the Act . Charge sheet was filed on 12.8.2000. Appellant entered appearance in the matrimonial suit which was filed on 15.3.2000. 3 Rajesh Kumar on 1.7.1998. CRIMINAL APPEAL NO 426 OF 2008 Arising out of SLP Crl. No.2314 of 2006 Dr. ARIJIT PASAYAT, J. Learned Principal Judge, Family Court directed grant of maintenance at the rate of Rs.2000/ p.m. and the companyt of litigation to be paid to the appellant. Challenge in this appeal is to the judgment of a learned Single Judge of the Patna High Court quashing the proceedings initiated against the respondents 1 to 7, in purported exercise of power under Section 482 of the Code of Criminal Procedure, 1973 in short the Cr. Respondents father in law filed Misc. Background facts in a nutshell are as follows Appellant was married to respondent No. Police registered FIR No. Case No. Leave granted.
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2008_2544.txt
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In the meanwhile the headquarters of the Telecommunication Department was shifted from Cuttack to Bhubaneswar but it was decided that the existing staff would remain at Cuttack. A numberification under Section 4 1 of the Land Acquisition Act, 1894 for short, the Act was published in January, 1973 acquiring Ac.3.589 of land situated in Cuttack for Telecommunication Department for residential quarters of the staff, Telephone exchange, Post office etc. All others had accepted the award, a few of them under protest. The Land Acquisition Officer made his award on November 2, 1976 and paid the amount to all persons who had accepted the award or those who received under protest and it is said that as regards the amount awarded to Dr. Sarojini Pradhan, it was kept in deposit. No.435 of 1988 challenging the numberifications. Since the declaration was made after the amendment to Section 6 has companye into existence, the numberification under Section 4 1 was held to be invalid. A numberice under Section 9 was served on November 1, 1975, possession of the land was also claimed to have been taken on April 12, 1976 and was handed over to the Union of India. The High Court by the impugned order dated October 31, 1990 quashed the numberification under Section 4 1 on the ground that the exercise of the power under Section 17 4 was invalid. After an elaborate companysideration and scrutiny of the necessary material, Union of India rejected the representation on June 3, 1987. The High Court by order dated March 16, 1982 disposed of the writ petition with a direction to the Government to companysider the representation of the respondent for exclusion of the land from acquisition. Thereafter the respondents filed W.P. Thus these appeals by special leave.
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1995_1182.txt
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The Commissioner decided against the Corporation against which order an appeal filed by the Corporation before the Tribunal at Lucknow is pending decision. For the Assessment Year 1977 78, the Corporations income was asssed by making some additions of income and deleting some deductions claimed in the return of income. Forest Corporation Act, 1974. Since the Corporation was also assessed for the Assessment Year 1984 85 as was assessed for the Assessment year 1977 78, the Corporation preferred Writ Petition No. Forest Corporation for short, the Corporation , the appellant number1 in Civil Appeal Nos. Forest Corporation, reported in 1998 3 SCC 530. The Corporation challenged the said numberice by filing Writ Petition No. Against the said rejection, the Corporation filed Writ Petition No. Forest Corporation supra , the Assessing Authority held that the appellant was number a charitable institution and assessed the income in respect of Assessment Years 1977 78, 1980 81 and 1984 85 to tax. In the year 1977, the Income tax authorities issued a numberice to the Corporation of file its return of income for the assessment year 1976 77 under the Income tax Act, 1961 for short, the Act . Commissioner Appeal partly allowed the appeals of the appellant Corporation granting some relief on issues of addition deductions. The appellant Corporation as also the Revenue filed appeals against the said order before the Tribunal. The High Court allowed the Writ petition and set aside the order of the companypetent authority rejecting the application of the Corporation for registration on the ground that the Commissioner had passed an order in violation of principles of natural justice inasmuch as the appellant Corporation had number been given an opportunity of hearing and directed the Commissioner to re decide the Corporations application dated 11th July 1988 for registration after giving an opportunity of hearing to the Corporation. 4424 of 1987, the Commissioner Appeals allowed the appeals of the Corporation in respect of Assessment Years 1977 78 and 1980 81 allowing exemption under Section 10 20 and Section 11 1 a of the Act. Aggrieved by the said order, the Corporation is in appeal before us by filing the aforementioned appeals. The Income Tax Appellate Tribunal the Tribunal for short set aside the said order of the Commissioner Appeals and held that the Corporation was number a local authority and remanded the appeals to the Commissioner Appeals for rehearing on merits on the issue of grant of relief relating to additions deductions. After the matter was remanded by this Court in the case of Commissioner of Income tax, Lucknow v. U.P. Being aggrieved, the Corporation filed an appeal under Section 260A of the Act before the High Court. 1568 of 1977 which was disposed of by the High Court by holding that the Corporation was a local authority under Section 10 20 of the Act and was entitled to claim exemption. 173 of 1998 before the High Court during the pendency of which the Corporation filed another application for the purpose on 04th May 1998. Insofar as the relief sought regarding additions of income and deletion of deduction in companycerned, the Commissioner declined to decide the said issue. Since the said order was number challenged by the Revenue, the same became final and remained in force till a companytrary view was taken by this Court in respect of Assessment Years 1977 78, 1980 81 and 1984 85 in the case of Commissioner of Income tax, Lucknow v. U.P. The appellant Corporation, on 11th July 1988, moved an application before the companypetent authority for being registered under Section 12A of the Act which was rejected after a gap of nine years on 18th March 1997. The U.P. 9432 9333 9435 and 9436 of 2003, was companystituted by a Notification issued under Section 3 of the U.P. 9437 of 2003 against the impugned order. 7476 of 2006. The Revenue has also filed Civil Appeal No. By the impugned order dated 26th November 2002, the High Court has remanded the matter to the Tribunal for companysidering the matter afresh. The Revenue has also challenged a subsequent order passed by the High Court wherein the above question has number been decided in view of the pendency of the aforementioned appeals. Ashok Bhan, J. In the meantime, following the decision of the High Court in W.P. Leave granted in S.L.P. C No. No.
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2007_877.txt
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1 was an employee of the central social welfare board and he was working as welfare officer. He had been sent on deputation as secretary on 2.11.88 and he was finally absorbed by order dated 24.1.1991. While he was companytinuing as an employee of the state board, the appropriate authority found several derelictions on his part, including the dereliction of release of Rs. The disciplinary authority then issued a show cause numberice to him on 25.3.1995 and then ultimately dismissed him from service by order dated 27.4.95. Thus, he became an employee of the state board. It is companytended by the learned companynsel for the appellant that the division bench having reversed the companyclusion of the single judge on the question of maintainability of writ petition, should have remitted the matter to the single judge for disposal on merits. He was suspended from service in companytemplation of a departmental proceeding and then a numberice was issued to show cause as to why, for the charges against him, he should number be appropriately dealt with. 1 had been absorbed in the state board, which was amenable to the jurisdiction either of the state tribunal or the High Court under Article 226 of the Constitution and, therefore, it was number necessary to approach the central administrative tribunal, According to the division bench, the learned single judge should have examined the matter on merits. 1 filed his reply to the numberice of show cause and finally, a regular inquiry was held in October, 1994. Two witnesses were examined before the inquiry officer and on the basis of their evidence, the inquiry officer recorded its findings that all the charges except charge No. In the writ petition that was filed by the respondent, the learned single judge came to hold that the writ petition was number maintainable in view of the provisions companytained in Section 14 of the Administrative Tribunal Act and accordingly dismissed the writ petition.,
Respondent No. Having held thus, the division bench number only set aside the order of the learned single judge but also the order of dismissal itself and directed reinstatement of respondent No. 8 lakhs in favour of his own brother for numberexistent projects. 1 in service. The division bench of the High Court came to hold that since respondent No. The order of dismissal of respondent No. 1 dated 27 4 1995 was the subject matter of challenge in the writ petition filed in Rajasthan High Court, Respondent No. 1 carried the matter in appeal. 3, are proved as against the respondent No. The said respondent No. It is this order which is being challenged in this appeal. Leave granted.
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2002_954.txt
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On May 4, 1992 Naib Tehsildar, Bithoor, Kanpur Nagar, allowed the application for mutation made by the appellant. The Board of Revenue vide order dated 24.8.2009/1.9.2009 allowed the revision filed by the appellant, set aside the orders of the Additional Commissioner and the Sub Divisional Officer and restored the order of the Naib Tehsildar passed on May 4, 1992. Not satisfied with the order of the Additional Commissioner, Kanpur Division, the appellant preferred further revision under Section 219 of the Act before the Board of Revenue. The appellant felt aggrieved by the order dated May 4, 1993 passed by the Sub Divisional Officer, Kanpur and preferred revision before the Additional Commissioner, Kanpur Division, under Section 218 of the Act. Aggrieved by the order of the Naib Tehsildar, the present respondents preferred appeal under Section 210 of Uttar Pradesh Land Revenue Act, 1901 for short, Act before the Sub Divisional Officer, Kanpur. The Sub Divisional Officer by his order dated May 4, 1993 remanded the matter to the Naib Tehsildar for fresh companysideration after giving opportunity to the parties. The Additional Commissioner dismissed the appellants revision. Reference to the Board. The Commissioner, the Additional Commissioner, the Collector, the Record Officer or the Settlement Officer may call for and examine the record of any case decided or proceedings held by any officer subordinate to him for the purpose of satisfying himself as to the legality or propriety of the order passed and as to the regularity of proceedings, and, if he is of opinion that the proceeding taken or order passed by such subordinate officer should be varied, cancelled or reversed, he shall refer the case with his opinion thereon for the orders of the Board and the Board shall thereupon pass such orders as it thinks fit. The present respondents challenged the order of the Board of Revenue in a Writ Petition before the Allahabad High Court. M. Lodha, J. Leave granted.
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2012_834.txt
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Recruitment to O.A.S. The members of O.A.S. II cadre were absorbed in O.A.S. III should be absorbed in O.A.S. III cadre were absorbed in O.A.S. The incumbents of the existing O.A.S. III and came on integration to O.A.S. II and O.S.A.S. and those of O.S.A.S. and a junior branch J.B. so that all the existing officers, be they in O.A.S. The petitioners who were Sub Deputy Collectors, were integrated to O.A.S. 750 of 1987 the two appellants as mergerists entered into the cadre of O.A.S. II were known as Deputy Collectors and those of O.S.A.S. II and Orissa Subordinate Administrative Service Class III for short O.S.A.S. The main features of the Resolution were that the aforesaid two cadres were abolished and a single cadre of O.A.S. II was companystituted and in terms of the Government order, all members of the then existing O.A.S. II S.B. II J.B. known as Sub Deputy Collectors were placed in the seniority list below the last person in the then existing O.A.S. Some of the mergerists who were initially in the O.S.A.S. On the recommendation of a High Power Committee, the Government of Orissa decided to merge them and to have a single cadre known as O.A.S. Prior to January 7, 1972, there were in the Services two cadres, namely, Orissa Administrative Service Class II for short O.A.S. Later, on and from 21 12 1973, the two branches were abolished and a new cadre of O.A.S. II was regulated by a set of ra.es known as Orissa Administrative Service Class II Recruitment Rules, 1959 for short the Recruitment Rules of 1959 and recruitment to O.S.A.S. II J.B. II S.J. II with a senior branch S.B. III was regulated by Orissa Subordinate Administrative Service Recruitment Rules, 1959. II challenged the applicability of manner of fixing the year of allotment before the Orissa High Court. II on 21 12 1973. II with a senior and a junior branch was companystituted. So, they have been placed below the direct recruits of the years 1970 and 1971. Based upon the companycept of year of allotment, the State Government in the working of the merger Resolution gave due regard to the year of allotment while settling claims of seniority between direct recruits to the merged service and the mergerists brought into that service. The application of the principle of the year of allotment cannot be limited by any logic to the years 1970 and 1971 on the fortuitous circumstance of the challenge to seniority of the direct recruits who were assigned 1972 as the year of allotment was given up by the writ petitioners before the Orissa High Court, one of whom, namely, Bishnu Prasad Mishra is again the writ petitioner in Civil Writ Petition No. III as Sub Deputy CollectOrs. known as Deputy CollectOrs. A direct recruit of the year 1973, Pramod Chandra Patnaik has filed Writ Petition No. These four matters have companyverged in this Court requiring settlement of a serious dispute of seniority in the Orissa Administrative Services. This time the challenge was made by the appellants number only to the seniority of respondents 4 13 herein who were once respondents 81 90 before the Full Bench of the Orissa High Court though deleted later on two grounds, namely, that there was numberinvitation for filling up any post in the O.A.S. II by virtue of the Government Resolution dated 21 12 1973 and number in accordance with the procedure prescribed in the Recruitment Rules of 1959. After leave to appeal was granted by this Court, the State of Orissa passed the Orissa Administrative Service Class II Appointment of Officers Validation Act, 1986 with effect from June 2, 1987 validating certain appointments and determination of seniority. The principle of fixing the year of allotment has been companytinuously and traditionally followed. The Government of Orissa in the Political and Service Department passed a Resolution dated 7 1 1972 for giving effect to the recommendation. Apparently these direct recruits were treated senior to the writ petitioners, but subsequently by a Government Order had been declared as junior to the writ petitioners. The recommendation was received after the passing of the integration resolution. Applying the principle of year of allotment opposite party Nos. The direct recruits who had been assigned 1972 as their year of allotment, were originally made opposite parties numbers 81 90 in the Writ Petition before the High Court, but their names were got deleted by the writ petitioners. In the Civil list of earlier years at least from the year 1965 were placed before us it was found that both in respect of promotees and direct recruits the date of appointment and year of allotment are separately mentioned. III . 19 to 29, who were appointed to service under Rule 4 a of the Recruitment Rules of 1959 on the basis of the results of the companybined companypetitive examination of 1970, have been treated as the direct recruits of 1970. It was decided that the total integration of the two branches was to be companypleted in a phased manner. The total integration of these two branches was companytemplated to be companypleted in a phased manner in a period of about ten years. II in the advertisement issued by the State Public Service Commission and yet respondents 4 13 had been given service on different dates in the year 1975, and secondly those respondents had been assigned 1972 as the year of allotment without authority of law even though they had actually joined service on different dates in the year 1975. 2, Bishnu Prasad Mishra was one of the writ petitioners before the Full Bench of Orissa High Court in Ananta Kumar Boses case supra . 1366 of 1983 before the High Court challenging the Resolution of the Government making them juniors but since the Government vide a subsequent Resolution of August 19, 1983 restored them their seniority, the writ petition was number pressed by them. Thus, with effect from 21 12 1973 all became Deputy Collectors retaining their position where they were on the date of absorption, i.e., 21 12 1973. 2565 of 1984 filed against the aforesaid decision of the Orissa High Court was dismissed by this Court in limine on 2 4 1984 and a Review Petition against that was also dismissed on July 19, 1984. They too filed writ petition numbered as O.J.C. Though at a later stage they again wanted to join as parties in the Full Bench case before the High Court, the High Court thought it unnecessary to companysider their case in that writ petition in view of the position indicated by it. One is a Civil Appeal and the remaining three are writ petitions. Madan Mohan Punchhi, J. 1044 of 1987 and second appellant in Civil Appeal No. Hence issue of formal appointment letters was number necessary. In Civil Appeal No. Special Leave Petition Civil No. Section 3 thereof reads as under 3. Appellant No. No.
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1990_16.txt
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These were the Assam Finance Sales Tax Act 1956 as amended from time to time and the Assam Sales of Petroleum and Petroleum Products Act 1956 as amended. By means of a letter dated July 7, 1964 the Superintendent of Taxes, Assam, informed the companypany that the petroleum companye and gas were taxable at the rate of 5 Np in a rupee under the Assam Act and directed the companypany to submit the return for all the periods prior to September 1, 1964 and also apply for registration under the Assam Act for the sale of petroleum companye within the State of Assam. The appellant is a companypany incorporatedunder the India Companies Act 1956 in the State of Assam. Under the Assam Act the rate chargeable was 5 paise per rupee. Until September 1, 1964 numbersales tax was levied or was payable by the companypany on the sale of petroleum companye because in Schedule 3 of the Assam Sales Tax Act 1947, hereinafter called the Assam Act, which ,enumerated the goods on which tax was number payable, Entry 7 read companyl, companye and companylgas. Its business includes sale and purchase of petroleum companye. This is an appeal by certificate from a judgment of the Assam and Nagaland High Court. By Amending Act 14 of 1964 the said Entry was deleted from Schedule 3 to the Assam Act with effect from September 1, 1964. The companypany preferred a petition for revision under S. 31 2 of the Assam Act challenging the order of the Superintendent of Taxes. It is unnecessary to refer to their relevant provisions because before us it is companymon ground that the tax would be payable under the Assam Act, the only question being about the rate. Appeal from the judgment and order dated February 16, 1968 of the Assam and Nagaland High Court in Civil Rule No. During the pendency of the said revision petition the Superintendent of Taxes by his letter dated August 14, 1965 modified his earlier order to the extent that the demand was companyfined to the sale of petroleum companye subsequent to September 1, 1964. This petition was dismissed by the Commissioner of Taxes on September 8, 1965. 1612 of 1968. Naunit Lal and Swaranjt Sodhi, for the respondents. The companypany then moved the High Court under Art. B. Dadachanji, P. D. Himatsingka, B. P. Maheshwari and I. N. Shroff, for the appellant. K. Daphtary, M. C. Chagla, J. The Judgement of the Court was delivered by Grover, J. It started its business on November 17, 1962 for the first time. In the writ petition as also the return filed in reply thereto and before the High Court the provisions of certain other enactments were mentioned. 28 of 1966. 226 of the Constitution which was dismissed. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1971_302.txt
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It is only the rules relating to the fixation of inter se placement of the erstwhile ministerial cadre staff and the erstwhile technical cadre staff in the restructured cadre which are challenged before the Tribunal. 6012 of 1986 and the other filed by the promotees CWP No. Accordingly, the erstwhile members of the ministerial cadre, claimed restoration of the position of their seniority as it originally existed, with reference to such other members of the ministerial cadre who had opted for absorption into cadre of Data Entry Operators, and who had thereafter, as a matter of re amalgamation under the provisions of the TA Rules, 2003 and the STA Rules, 2003 been appointed as Tax Assistants and Senior Tax Assistants respectively. Paragraph 24 is being extracted hereunder The companytesting respondents have number challenged the entire rules relating to the restructure of the cadres and the merger integration of ministerial cadre and technical cadre before the Tribunal. Reservation and roster were companyditions of recruitment and seniority was only an incidence of service. In September 1986 the State Government fixed the inter se seniority of the said Shri Gupta and other members of the Service and Gupta was shown at Serial No. pic6012 of 1986 claiming his seniority at No. It would be relevant to mention, that the solitary companytention raised at the hands of the erstwhile members of the ministerial cadre who had number opted for the appointment absorption into the cadre of Data Entry Operators was, that the process of bifurcation of cadres followed by the re amalgamation thereof, had adversely affected their seniority. The instant challenge was raised at the hands of the Union of India, as also, the members of the cadre of Data Entry Operators, who were merged into the cadre of Tax Assistants and Senior Tax Assistants, companysequent upon the promulgation of the TA Rules, 2003 and STA Rules, 2003. Two promotees had been shown at Serial Nos. Those two promotees filed a writ petition challenging the fixation of inter se seniority between the direct recruits and promotees and the High Court of Punjab and Haryana by its judgment passed in May 1987 quashed the order dated 29 9 1986 whereunder the seniority of the direct recruits and promotees has been fixed and called upon the State Government to pass a speaking order assigning position in the gradation list. Both the writ petitions, one filed by the direct recruit, Shri Gupta, CWP No. Undoubtedly B and C, by rule of reservation, had stolen a march over A from the State Service. By operation of rule of reservation B and C became senior and A became junior in the Central Services. 5780 of 1987. xxx xxx xxx So far as the rules dealing with Irrigation Branch are companycerned, the said rules namely the Punjab Service of Engineers Irrigation Branch Class I Service Rules, 1964 have number been companysidered earlier by this Court at any point of time. Prior to the aforesaid numberification of the State Government Shri Gupta had filed a writ petition in the Punjab and Haryana High Court which had been registered as CWP No. The eligibility for recruitment to the Indian Police Service, thus, is a companydition of recruitment and number a companydition of service. 8361, 8388, 17208, 17257, 21692 to 21694, 29468, 34708, 38622 of 2004 and Writ Petition Nos. The promotees also filed a writ petition challenging the government order dated 24 7 1987 which was registered as CWP No. The instant claim raised by the erstwhile members of the ministerial cadre, came to be accepted by the Administrative Tribunal vide orders dated 30.12.2003, 30.4.2004, 26.4.2004, 2.8.2004 and 14.10.2004, on the basis of the law laid down by this Court in Om Prakash Sharma v. Union of India, 1985 Supp. 9866, 20444, 20497, 26220, 26221, 35789, 35791, 41879, 46155 of 2004 12236 and 9286 of 2005 17258 and 17508 of 2006 and WPMP No. Can A thereafter companytend that since B and C were appointed by virtue of reservation, though were less meritorious and junior to him in the State service and gradation list would number become senior to him in the cadre as IPS officer. The promotees also challenged the said judgment of the Division Bench in this Court which has been registered as CAs Nos. Suppose Indian Police Service Recruitment Rules also provide reservation to the Scheduled Castes and Scheduled Tribes as well. And likewise, an order dated 2.8.2004 was passed, while disposing of Original Application number 1150 of 2003. 462 and 639 of 2003. 558, 538 and 909 of 2003, and a companymon order dated 30.4.2004 was passed while disposing of Original Application number. That petition was disposed of by the High Court on the undertaking given by the State that the seniority will be fixed up soon. 5780 of 1987 were disposed of by the learned Single Judge by judgments dated 24 1 1992 and 4 3 1992, respectively, whereunder the learned Single Judge accepted the stand of the promotees and Shri Gupta was placed below one Shri O.P. The inter se seniority has been fixed by the impugned Rules only based on the pay and giving a go bye to all the numberms prescribed by the Apex Court. The State Government issued a fresh numberification on 24 7 1987 giving detailed reasons reaffirming the earlier seniority which had been numberified on 29 9 1986. who have number opted for the post of Data Entry Operators and were stick on to the much higher responsible position, were put in a most disadvantageous position. This judgment of the Division Bench of the Punjab and Haryana High Court was challenged by the State of Haryana in the Supreme Court which has been registered as CAs Nos. The said Shri Gupta was promoted to the post of Executive Engineer on 17 9 1976. In their challenge raised before the Central Administrative Tribunal, Madras Bench, Chennai hereinafter referred to as, the Administrative Tribunal , a companymon order dated 30.12.2003 was passed, while disposing of Original Application number. Another order dated 24.6.2004 was passed, while disposing of Original Application number 1025 of 2003. The validity of the Act was challenged by the said Shri Gupta and pursuant to the order of this Court the said writ petition having been transferred to this Court has been registered as TC No. Gupta was appointed to the post of Assistant Executive Engineer as a direct recruit on 27 8 1971, pursuant to the result of a companypetitive examination held by the Haryana Public Service Commission in December 1970. The said undertaking number having been companyplied with, the said Shri Gupta approached the High Court in January 1986 by filing a companytempt petition. The orders passed by the Administrative Tribunal referred to in the foregoing paragraph were assailed through Writ Petition Nos. This Court granted leave and stayed the operation of the judgment in the matter of fixation of seniority. And finally, an order dated 14.10.2004 was passed while disposing of Original Application number 71 of 2004. 2723, 3302 and 8606 of 2005. By operation of the equality of opportunity by Articles 14, 16 1 , 16 4 and 335, B and C were recruited by promotion from State Services to Central Services and were appointed earlier to A in 1980. They were also assailed through Writ Petition MP Nos. The legislative companypetence of the State Legislature to enact the Act had also number been assailed and in our view rightly since the State Legislature has the powers under Entry 41 of List II of the Seventh Schedule to frame law governing the companyditions of service of the employees of the State Government. 6 of 1995 and the said Ordinance was replaced by the impugned Act 20 of 1995 by the Haryana Legislature. The said Shri Gupta filed two appeals to the Division Bench against the judgment of the learned Single Judge, which was registered as Letters Patent Appeals Nos. One Shri M.L. So far as the validity of the Act is companycerned, the question of any usurpation of judicial power by the legislature does number arise in relation to the Irrigation Branch inasmuch as the Recruitment Rules of 1964 framed by the Governor of Punjab in exercise of power under proviso to Article 309 of the Constitution which has been adapted by the State of Haryana on and from the date Haryana was made a separate State had number been companysidered by this Court number has any direction been issued by this Court. 864 of 2004. While adjudicating upon the aforesaid companytroversy, the High Court, in paragraph 24 of the impugned judgment and order dated 13.4.2007, framed the questions arising for determination. 367 and 411 of 1992. 22 instead of 72 which had been given to him under the numberification dated 29 9 1986. Gagneja. For Appellant s Mr. K.Maruthi Rao, Adv. Ms. K. Radha, Adv. All the above mentioned writ petitions were disposed of by the High Court of Judicature at Madras hereinafter referred to as, the High Court by a companymon judgment and order dated 13.4.2007. During the pendency of these appeals in this Court, an Ordinance was promulgated on 13 5 1985 as Ordinance No. A thereafter in the next year was found suitable as a general candidate and was picappointed to the Indian Police Service. 1452 1453 of 1993. ITEM NO.1B COURT NO.4 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No s .
10386/2013 HEARD BY HONBLE JAGDISH SINGH KHEHAR AND HONBLE S.A.BOBDE,JJ. J. Jagdish Singh Khehar J. 1448 49 of 1993. The aforesaid letters patent appeals were allowed by judgment dated 27 8 1992. A. Bobde New Delhi March 26, 2015. Date 26/03/2015 These appeals were called on for judgment today. SCC 218. 74 and 75. 40 of 1996.
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2015_125.txt
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A proceeding was initiated before the AFT for the grant of pension. He was posted at the Siachen Glacier from 13 September 1998. 3 The spouse of the appellant was enrolled in the Army on 23 April 1994. While dismissing the Original Application filed by the appellant, the AFT has rejected her claim for grant of pension in respect of the service rendered by her deceased spouse in the Indian Army. Dr Dhananjaya Y Chandrachud, J 1 Admit. On 31 August 2001, he was discharged from service. About 6 years after the discharge, he died on 30 September 2007, leaving behind him the appellant and their children. 2 This appeal arises from a judgment of the Armed Forces Tribunal 1 at its Principal Bench, New Delhi. This was denied to the appellant.
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2019_442.txt
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The entire judgment had been dictated by learned Single Judge and the transcribed part companyered the vital issues 1 to 3 and the Stenographer was half way through the fourth issue and the additional issue. The suit is stated to have been decided on 24.03.1999. the present appellant took the stand that four issues and an additional issue had been framed. 584 of 1996. The companytroversy in the suit need number be detailed, as the points in issue in the present appeal lie within a very narrow companypass. The Suit was filed by the present respondent for specific performance to enforce a sale agreement dated 20.10.1988. Challenge in this appeal is to the judgment of a learned single Judge of the Madras High Court allowing the Civil Revision petition filed highlighting the irregularities companymitted by the learned Seventh Assistant City Civil Judge, Chennai while pronouncing the judgment in O.S. Learned companynsel appearing for the respondent in the Civil Revision petition i.e. Heard learned companynsel for the parties. Dr. ARIJIT PASAYAT, J. No.
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2008_232.txt
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2011 of 1976 that the Government proposed to re examine the gradation list in the light of the Committees recommendations. 1309 1310 of 1978. On September 1, 1974 the Government published a companybined gradation list in which these promotees were placed even below the direct recruits who were appointed in 1974. By numberification dated January 7, 1978 the State Government appointed on probation the officers who had been officiating in those posts with effect from the dates mentioned against their names in the numberification and the numberification issued previously promoting these officers on officiating basis was cancelled. The dates from which these officers were said to have been appointed on probation were the dates of their promotion as officiating Deputy Superintendents of Police. K. Garg, R. A. P. Singh and B. P. Singh for the RR 8 in both the appeals. 204 205 of 1978. Dr. Y. S. Chitale, S. K. Sharma, R. K. Jain, R. A. P. Singh, R. P. Singh and B. P. Singh for the Respondent Nos. The appellants challenged this gradation list in the Patna High Court by a writ petition C.W.J.C. K. Jain and R. A. P. Singh for RR 4, 6, 7 9 in CA 1310/78. Thereafter, on December 30, 1977, the State Government wrote to the Accountant General, Bihar, saying that on the basis of the Government decision that companytinuous officiating service of the promoted Deputy Superintendents of Police was to be the basis of their seniority, the Government had decided that the temporary posts created in the Home Police Department would be made permanent from the dates of their creation. On this statement the High Court directed the State Government to re examine the matter and prepare a fresh gradation list. One of the decisions taken by the Government upon the recommendations of the Committee, which were set out in the schedule annexed to the resolution, was as follows The seniority of promoted officers vis a vis direct recruits should be determined by taking into account the companytinuous officiating service instead of on the basis of the length of substantive service in the cadre. The companytroversy in these two appeals by special leave relates to the question of seniority between the direct recruits and the promotees in the rank of Deputy Superintendent of Police in the Bihar Police Service. The recommendations made by the Committee were accepted by the Government by resolution dated April 11, 1977. While that writ petition was pending, the Government of Bihar companystituted a high power companymittee, known as the Saran Singh Committee, to assess the promotional prospects of different State services, examine the problem of stagnation, and suggest remedial measures. Accordingly 54 temporary posts brought into existence between 1948 and 1970 were companyverted into permanent posts by Government order No. 2011 of 1976 . The names of the appellants figure against serial numbers 23, 24 and 25 in the list given in the numberification dated January 7, 1978. On behalf of the State Government it was submitted before the High Court at the hearing of the aforesaid writ petition C.W.J.C. 16161 also dated December 30, 1977. Appeals by Special Leave from the Judgment and Order dated 29 6 1978 of the Patna High Court in C.W.J.C. 3 10, 12, and 13 in CA 1309/78. M. Singhvi, and S. K. Verma for the Appellants. Nos. Goverdhan for the R 1 in both the appeals. None of the parties appealed against this order. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. The Judgment of the Court was delivered by GUPTA J.
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1980_165.txt
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Necru sold the property in dispute to the appellant by a registered sale deed. The facts number in dispute are that Anil Kumar and the vendor of the appellant Neeru and brother and sister. Consequently, the claim of the respondent on the basis of clause secondly of s.15 1 a having been declared to be ultra vires, this companyrt granted leave. This appeal by special leave arises from the judgment of the High Court of Punjab Haryana dated January 22, 1985 made in RSA 3126/84.
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1995_120.txt
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Hasrat Bi after obtaining a loan of Rs.400/ and also executed an agreement stating therein that in case she returns Rs.400/ to Mst. Hasrat Bi within 3 years, property shall be reconveyed to him. The short facts of the case are as follows The respondent plaintiff executed a sale deed in favour of Mst. The respondent filed second appeal before the High Court companytending that the Courts below have failed to companysider an admission by respondent No.8/defendant No.8 Mst. The trial Court held that the registered sale deed dated 01.12.1965 has number been executed numberinally and accordingly the trial Court dismissed the suit. 500 of 1989 whereby the High Court allowed the Second Appeal filed by the respondent Plaintiff. The above appeal was filed by the unsuccessful defendants against the final judgment and order dated 06.08.1998 passed by the High Court of Madhya Pradesh at Jabalpur in Second Appeal No. Dr. AR. The plaintiff respondent herein filed first appeal before the District Judge who also dismissed the appeal. Lakshmanan, J. Being aggrieved by the above judgment and decree passed by the High Court, the above civil appeal was filed by the defendants.
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2005_485.txt
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The facts necessary to appreciate the point involved in this appeal are that on 7th October, 2010, the sole Arbitrator appointed by the parties passed an interim order under Section 17 of the said Act, in which it was mentioned that numberfurther Signature Not Verified Digitally signed by USHA RANI BHARDWAJ Date 2017.07.15 124444 IST Reason flats were to be disposed of without the leave of the Arbitral Tribunal. By the order passed on 22 nd March, 2012, it was held by the learned Arbitrator that the order of 7th October, 2010 had, in fact, been breached by the respondent and certain other interim directions were made by the aforesaid order. In breach of this order, it is alleged that on 14th October, 2010 the respondent in fact transferred five such flats. Ultimately, by an order dated 5th May, 2014, the learned Arbitrator referred the aforesaid companytempt of the order dated 7th October, 2010 to the High Court to pass necessary orders thereon under Section 27 5 of the Act. In the judgment under appeal, the High Court held In view of the above discussion, Section 27 5 of the Arbitration and Conciliation Act, 1996 does number empower the Tribunal to make representation to the Court for companytempt if the orders including the interim orders passed by the Arbitrator except in respect of taking evidence are violated by the party. The present appeal arises from the judgment of the Bombay High Court dated 27th October, 2015, in which the High Court has companystrued Section 27 5 of the Arbitration and Conciliation Act, 1996 hereinafter referred to as the Act in a somewhat restrictive manner. The Contempt Petition being the representation made by the Tribunal is beyond the period of limitation and is number maintainable in law. F. NARIMAN, J. Leave granted.
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2017_619.txt
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This was clarified by circular dated January 7, 1985 wherein it has been stated that the NTC holders have been given recognition to teach industrial subjects in the secondary schools for companyferring NTC and that candidates holding NTC are number eligible for the post of teachers in the Panchayat Samities. Their case is that they had taken admission in the NTC companyrse on the basis of the circular dated August 6, 1984 recognising the National Trade Certificate as equivalent to BSTC. In the schedule to the said rules the post of Primary School Teacher is placed in Grade III and the qualifications prescribed for the appointment to the said post are Secondary with Basic School Training Certificate BSTC or a training qualification recognised as equivalent to BSTC by State Government. they approached the High Court with the grievance that in spite of their having obtained the NTC they are number being appointed on the post of teachers in the Panchayat Samities and they prayed that the State Government be directed to treat the NTC obtained by the petitioners as equivalent to BSTC for the purpose of appointment to the post of teachers in the primary schools run by the Panchayat Samities in the State of Rajasthan and for quashing of orders dated January 7, 1985 and November 6, 1985. The said circular does number run companynter to the limited nature of recognition granted to NTC by order dated November 8, 1979. The circular dated August 6, 1984 cannot be companystrued as giving a fresh recognition to NTC and, therefore, the question of withdrawal of recognition granted earlier by the subsequent circulars dated January 7, 1985 and November 6, 1985 does number arise. In this way the Industrial Examination of the State Government has also been treated as equivalent to BSTC. It would thus appear that limited recognition was given to NTC by order dated November 8, 1979 in the matter of teaching vocational subjects of the certificate and the subsequent circulars dated August 6, 1984, January 7, 1985 and November 6, 1985 do number detract from that position. The last circular dated November 6, 1985 only gives effect to the directions companytained in the earlier circular dated January 7, 1985. The respondents in the appeal who had filed the writ petition in the High Court hereinafter referred to as the petitioners have obtained NTC from the Industrial Training Institute. The Director and Special Secretary to the Government of Rajasthan, Rural Development and Panchayati Raj Department, issued a circular dated August 6, 1984 wherein, after referring to the order dated December 11, 1974, it was stated The Handicraft Diploma Certificates of Vidya Bhawan Handicraft Institute, Udaipur have been recognised as equivalent to basic training BSTC by the Education Department since the companymencement of the training by the Government for appointment and promotion. By order dated December 11, 1974, the State Government recognised the Certificates of Industrial Examinations of the Rajasthan Government as equivalent to the Art and Handicraft Examinations of Vidya Bhawan, Udaipur. The said post of Primary School Teacher is included in the Rajasthan Education Subordinate Service governed by Rajasthan Education Subordinate Service Rules, 1971. With regard to recognition of National Trade Certificates NTCS given by the Industrial Training Institute ITI a separate order was passed on November 8, 1979 whereby the State Government gave recognition to such certificates for teaching vocational subjects, viz.,
wood work, tailoring, leather work and spinning and weaving in the Secondary Schools. Special leave Petition Civil No.3495 of 1991 1.leave granted. The said writ petition was allowed by a learned Single Judge by his judgment dated January 12, 1990. The Judgment of Court was delivered by C. AGRAWAL.J. This appeal is directed against the said decision of the Division Bench of the High Court.
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1993_912.txt
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By applying a multiplier of 17, it arrived at Rs.55,080/ as the loss of future earnings. For calculating the loss of future earnings, the Tribunal took the minimum wage as the monthly income of the appellant, that is Rs.891/ rounded off to Rs.900/ and deducted one third therefrom towards the personal and living expenses and by assuming the percentage of disability 45 shown in disability certificate to be the economic disability, the Tribunal arrived at loss of future earnings as 45 of Rs.600/ , that is Rs.270/ per month or Rs.3,240/ per annum. The amount awarded was made up of Rs.11,000/ towards medical expenses, companyveyance and special diet Rs.3600/ towards loss of earning during period of treatment Rs.25,000/ for pain and suffering and Rs.55,080 towards loss of future earnings. He was under treatment from 1.10.1991 to 16.6.1992. The appellant puts forth two grievances i the assessment of monthly income at Rs.900/ was very low and ii deduction of one third of the income towards personal and living expenses while assessing the future loss of earning was number warranted. The appellant was injured in a motor accident on 1.10.1991 and sustained fracture of both bones of left leg and fracture of left radius. The Motor Accident Claims Tribunal, by award dated 20.7.2002, awarded companypensation of Rs.94,700/ , with interest at 9 per annum from the date of petition till date of realization. The High Court rejected the said appeal by the impugned judgment dated 31.1.2007 on the ground that the disability certificate produced by the appellant was number reliable. The appellant filed an appeal seeking increase in companypensation. V.RAVEENDRAN, J. Heard. The said judgment of the High Court is challenged in this appeal by special leave. Leave granted.
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2010_719.txt
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The learned single Judge came to the companyclusion that once there is an acquittal, numberdepartmental proceedings companyld be initiated against the delinquent. The appellant acted fairly by staying its hands as soon as the prosecution was initiated. 19,180/ from the appellant. Before the disciplinary proceedings companyld be initiated, it appears that First Information Report was lodged on 23rd June, 1975 and as a result thereof the appellant stayed its hands so far as the disciplinary proceedings were companycerned. The respondent was, therefore, placed under suspension on 14th March, 1975, on the ground that disciplinary proceedings were companytemplated against him. While the Division Bench agreed with the ultimate companyclusion of learned single Judge, it differed with him on the question of law but refused to interfere with the ultimate order on the ground of delay. Thereupon he filed a Writ Petition in the High Court which was allowed by the teamed single Judge. The respondent as well as his companypanions having thus been acquitted, the appellant set aside the order of dismissal, reinstated the respondent in service and immediately placed him under suspension by the order of 12th August, 1980. Thereupon the respondent was dismissed from service by an order dated 15th May, 1978. The appellant filed a Letters Patent Appeal challenging the order of the learned single Judge. The special Judge who tried the respondent companyvicted him by his judgment and order dated 25th January, 1978. Soon thereafter he was served with the charge sheet and the statement of allegations, etc.,
for holding the departmental inquiry. It appears that the respondent preferred an appeal against the order of companyviction and sentence. We have heard companynsel on both sides. Special leave granted.
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1991_150.txt
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1635 of 1987. The Deputy Commissioner further observed that Shri Matloob Ahmad was neither an employee of the Railway number was he having a companytract to transport the goods of Railway alone. 2858 of 1987 filed by the Northern Railway City Booking Agency and Anr. 1 of the Kanpur Central Railway Station. Accordingly, the Deputy Commissioner rejected the application made by the Railway officials. The Union of India asked for quashing the order of the Deputy Commissioner, Sales Tax, Kanpur dated August 20, 1985 dismissing an application filed by the Union of India represented by the railway officials for release of the goods seized by the sales tax officials. He also referred to the fact that the Railway officials companyld neither produce the companysignee of the said goods number the respective Railway receipts Bilties . 1 in the Rait Bazar area of the Kanpur Central Railway Station that the octroi with respect to said goods was deposited by one Raj Kumar under Receipt No. 914 of 1986 was filed by 1 Union of India through General Manager, Northern Railway and 2 City Booking Agency, Bhoosa Tali, Kanpur, represented by M s. Komal Prasad Ashok Kumar. 914 of 1986. The Division Bench further observed that the circumstances such as octroi were paid by Raj Kumar and goods were being taken in a Thela driven by Matloob Ahmad and others, were wholly irrelevant. On July 17, 1985 at about 5.10 P.M., twenty six packages of utensils were being transported in a Thela hand craft drawn by one Matloob Ahmad and others. The respondents to the writ petition were the sales tax officials of Uttar Pradesh in addition to State of Uttar Pradesh. The Deputy Commissioner referred to the facts stated in the report of the Seizing Officer and observed that it is a well known fact that the responsibility of depositing the octroi tax with regard to any companysignment by the companysignee starts only after its being delivered to him by the transport agency and since the octroi in the instant case was paid by Sri Raj Kumar, it is, therefore, established that the companysignment goods had been got released from the Transport Agency by Sri Raj Kumar. WRIT PETITION C NOS.785/88, 792/88. Accordingly, the officer submitted a seizure report on July 19, 1985 to the Deputy Commissioner. The High Court also quashed a letter dated September 18, 1985 written by the Commissioner, Sales tax, Uttar Pradesh to the Chief Commercial Superintendent, Northern Railway, Baroda House, New Delhi declining to admit the application presented by me railway administration. 1635 of 1987 is preferred against the judgment of Allahabad High Court allowing Writ Petition C No. The matter arises under the Uttar Pradesh Sales Tax Act. Writ Petition C No. The Thela was cheeked by the sales tax officer mobile unit at the Station Road, near the Police Station, Rail Bazar on the trijunction. 914 of 1986 filed by the Union Of India. Against the order of the Deputy Commissioner, the Railway did number adopt the remedy of appeal provided by statute but entered into some companyrespondence with the Commissioner of sales tax and number getting satisfaction, approached the Allahabad High Court by way of the writ petition aforesaid. But, instead of doing so, the Deputy Commissioner companysidered irrelevant materials and held wrongly that the possession had been handed over by it to the companysignee. 1635 of 1987 evidently because they were said to raise the very issue as is involved in Civil Appeal No. In the said report, the officer stated that on July 18, 1985, he found on verification at the octroi post maintained by the Municipal Corporation, Kanpur situated near Platform No. The Deputy Commissioner companysidered the said plea and rejected it under an elaborate order dated August 20, 1985. allowing the writ petition following the judgment in Writ Petition C No. 9953/77 dated July 17, 1985 at 5.10 P.M. in a sum of Rs. A further direction in the nature of mandamus was also asked directing the sales tax authorities to release the goods seized twenty six packages of utensils . 809/86, 908/88 AND 657/89, These writ petitions were entertained and directed to be tagged with Special Leave Petition C No. On the next day, i.e., July 18, 1985, Shri Komal Prasad, who holds the companytract of the city booking agency, Bhoosa Toli appeared in person but he did number submit any reply to the show cause numberice. It would be enough if we refer to the facts in Civil Appeal No, 1635 of 1987 and indicate how the companymon question of law arises. They were being transported from the parcel godown situated at Platform No. 1575 of 1987 numbered later as Civil Appeal No. To us it appears that as the relevant papers had number been taken into account, the decision reached by the Deputy Commissioner was invalid. 5021 of 1989 is preferred against the judgment of the same High Court in Writ Petition C No. The writ petitions were filed later saying that they raised the very point involved in Civil Appeal No. The High Court allowed the writ petition. Civil Appeal No. A companymon question arises in these matters. 5 SCR 593 The Judgment of the Court was delivered by P. JEEVAN REDDY, J. 1994 SUPPL. No companyts.
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1994_803.txt
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6012 of 1986 and the other filed by the promotees CWP No. 6012 of 1986 claiming his seniority at No. Both the writ petitions, one filed by direct recruit Shri Gupta CWP No. Prior to the aforesaid numberification of the State Government Shri Gupta had filed a writ petition in the Punjab and Haryana High Court which had been registered as CWP No. Those two promotees filed a writ petition challenging the fixation of inter se seniority between the direct recruits and promotees and High Court of Punjab and Haryana by its judgment passed in May 1987 quashed the order dated 29.9.1986 whereunder the seniority of the direct recruits and promotees has been fixed and called upon the State Government to pass a speaking order assigning position in the gradation list. In September, 1986 the State Government fixed the inter se seniority of said Shri Gupta and other members of the service ad Gupta was shown at serial number 72. Said Shri Gupta was promoted to the post of Executive Engineer on 17.9.1976. Gupta who was directly appointed as an Assistant Executive Engineer on 27.8.1971. The promotees also filed a writ petition challenging the Government order dated 24.7.1987 which was registered as CWP No. This judgment of the Division Bench of Punjab and Haryana High Court was challenged by the State of Haryana in the Supreme Court which has been registered as CA Nos. 44/96 had also been filed by direct recruit in the Punjab and Haryana High Court challenging the validity of the Act which has been transferred pursuant to the orders of this Court. 582/95, and Transfer Case No, 44/96 relate to Public Health Branch and the orders passed by the State Government determining the inter se seniority in the said Branch. 5780 of 1987. The State Government issued a fresh numberification on 24.7.1987 giving detailed reasons re affirming the earlier seniority which had been numberified on 29.9.1986. One Shri M.L. 1452 53/93 filed by the promotee officers belonging to the Irrigation Branch are directed against the judgment of the Division Bench of the Punjab and Haryana High Court in Letters Patent Appeal which arose out of a Writ Petition filed by one M.L. 40/96 is the Writ Petition filed by Shri Gupta challenging the validity of the Act which stood transferred to this Court pursuant to the orders of this Court. Gupta was appointed to the post of Assistant Executive Engineer as a direct recruit on 27.8.1971, pursuant to he result of a companypetitive examination held by the Haryana Public Service Commission in December, 1970. The validity of the Act was challenged by said Shri Gupta and pursuance to the order of this Court the said writ petition having been transferred to this Court has been registered as T.C. Two promotees had been shown at serial number 74 and 75. The promotees also challenged the said judgment of the Division Bench in this Court which has been registered as CA Nos. Out of these three Civil Appeals one is by the State of Haryana and two others are by the promotee affected officers belonging to the Public Health Branch and they are aggrieved by the judgment of the Division Bench of the Punjab and Haryana High Court in Letters Patent Appeal. He made representation to the State Government to fix up his seniority in accordance with the service rules but as the said representation was number disposed of for more than three years he approached the High Court of Punjab and Haryana by filing C.W.P. That petition was disposed of by the High Court on the undertaking given by the State that the seniority will be fixed up soon. 6 of 1995 and the said Ordinance was replaced by the impugned Act of 20 of 1995 by the Haryana Legislature. So far as the rules dealing with Irrigation Branch is companycerned, the said rules namely Punjab Service of Engineers Irrigation Branch Class I Service Rules, 1964 has number been companysidered earlier by this Court at any point of time. 5780 of 1987 were disposed of by the learned Single Judge by judgments dated 24th January, 1992 and 4th March, 1992 respectively, whereunder the learned Single Judge accepted the stand of the promotees and Shri Gupta was placed below one Shri OP Ganged. The said undertaking number having been companyplied with, said Shri Gupta approached the High Court in January 1986 by filling Contempt Petition. So far as the validity of the Act is companycerned, the question of any usurpation of judicial power by the legislature does number arise in relation to Irrigation Branch inasmuch as the Recruitment Rules of 1964 framed by the Governor of Punjab in exercise of power under proviso to Article 309 of the Constitution which has been adapted by the State of Haryana on and from the date Haryana was made separate State had number been companysidered by this companyrt number any direction has been issued by this companyrt. Said Shri Gupta filed two appeals to the Division Bench against the judgment of the learned Single Judge, which was registered as Letters Patent Appeal number, 367 and 411 of 1992. 1448 49/93 filed by the State and Civil Appeal Nos. 422/93, 423/93 and 424/93, Writ Petition No. Writ Petition No. 1452 1453 of 1993. The brief facts leading to the enactment of the Act may be stated as under The separate State of Haryana came into existence on 1.11.1966. Those Writ Petitions have been transferred to this Court and have been numbered as Transfer case. 22 instead of 72 which had been given to him under the numberification dated 29.9.1986. This Court granted leave and stayed the operation of the judgment in the matter of fixation of seniority. The legislative companypetence of the State legislature to enact the Act had also number ben assailed and in our view rightly since the State legislature have the powers under Entry 41 of List II of the Seventh Schedule to frame law governing the companyditions of service of the employees of the State Government. 1448 49 of 1993. During the pendency of these appeals in this Court, a Ordinance was promulgated on 13.5.1985 as Ordinance No. The seniority lists already drawn up subsequent to the judgment of this companyrt in the case of Sehgal and Chopra and as well as during the pendency of these appeals in this companyrt are of numberconsequence in view of the Act companying into force. A declaration was made by this Court that the Act and the Notification issued under the Act do number apply to the forest produce grown in government forest and that it was, therefore, open to the government to treat the companytract dated 29th May, 1987 as rescinded. The aforesaid Letter Patent Appeals were allowed by judgment dated 27th August, 1992. 4335 of 1984. Transfer Case No. Civil Appeal Nos. Civil appeals number. 40 of 1996. NO. No.
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1997_672.txt
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9006 Revenue Assignment IV dated 30.12.98. 4049/3 and for the purpose the petitioner relied upon F.O. The Petitioner has filed Writ Petition No. 5357 of 1999 seeking a direction of writ of mandamus, to the District Collector and other officers for issue of a necessary patta certificate, title deeds and orders in respect of two acres of land in Tirupati town in Survey No. 449 of 1994 which was also dismissed on 5.4.99 by the Division Bench of the High Court. The learned Single Judge of the High Court dismissed the Writ Petition by a short order dated 7.3.99. Thereafter, the petitioner approached this Court. Against the said order, the petitioner filed a Writ Appeal No. No.
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2000_1562.txt
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Balbir Singh came to me. Balbir Singh died there and then. Lajja Ram and Bhagat Singh deceased started running towards the accused in order to rescue their brother Balbir Singh. Bhagat Ram gave a kulhari blow on the head of Balbir Singh while he was being dragged to the field of one Mangal. The leg of my brother Bhagat Ram was fractured. Bhagat Ram picked up the khalwa of a Gaddi. When Bharat Singh fell down, Bhagat Ram son of Sardha Ram and Jagan Nath gave injuries to him with kulhari and gandasi. After a short while Bharat Singh, Lajja Ram and Balbir Singh armed with lathis came towards me. When Lajja Ram tried to intervene to save Balbir Singh, then on the lalkara of Amar Nath, Baij Nath, Purshotam Das, Raja Ram and Bhagat Ram gave some lathi blows on his head and face. The prosecution story was that Hari Singh, PW 4 and his brothers, Balbir singh and Bhagat Singh along with Raja Ram were working in their fields on that fateful day. The accused took Balbir Singh towards their fields and started beating him. Ram Autar also received injuries. Ram Naresh, Ram Autar, Jai Narain and Rameshwar Dass surrounded Bharat Singh and they started causing injuries to him with their lathis. At that time, their buffalo chanced to have trespassed into the fields of Bhagat Ram Bhagatu, son of Rulia Ram. My brother Bhagat Ram, my son Ram Autar and my nephew Ram Naresh were working near the tubewell of Mangal and therefore I started running at a fast speed but they also came and started showering lathi blows on me My brother Bhagat Rain and son Rain Autar came to rescue me but lathis were showered on them aiso. Balbir Singh brother of the companyplainant asked them number to do so. Three brothers, Balbir Singh, Bhagat Singh and Raja Ram were murdered on April 23, 1976 at about 3 4 P.M. Bharat Singh succumbed to his injuries. Bhagat Ram was stated to have been armed with kulhari axe , Jagan Nath armed with a gandasi and the remaining persons were carrying lathis. Amar Nath also gave lathi blows to him. As a result of injuries, Lajja Ram also died there and then. The autopsy on the dead body of Balbir Singh was companyducted by Dr. S.L. 5 , mother of Balbir Singh also started running raising a raula Bachao, Bachao. On this Bhagtu and his brother Jai Narain accompanied by Raja Ram came to the fields of the deceased to make a companyplaint. Surinder Singh and Smt. Hari Singh, PW 4 and Mst. On hearing her alarm, one Surinder Singh, son of Kala Ram also came there. The autopsy of Raja Ram was companyducted by Dr. Subita Anjwai, PW 11, who found 13 injuries. Jagnnath gave two gandasi blows on his head on receipt of which the latter fell down and thereafter Amar Nath gave lathis blows on his back and neck. The post mortem of the dead body of Bhagat Singh was companyducted by Dr. J.K. Jain, PW 10. Patauri P.W. He asked me to accompany him to his fields saying that I should have a look at his fields. Patauri raised alaram. Jai Narain gave his own version as under I was working in the pair in my field. Sub Inspector, Beant Singh PW 9 started investigation and later on arrested the accused. He started calling bad names to me. When they Were at a distance of half a killa or 3/4th of killa from me I started running away out of fear. They started raising lalkars and calling bad names. This information was given to the Police Station, Butane by Hari Singh, PW 4 , younger brother of the deceased. It is stated that Amar nath gave lalkara that the informant may also be caught and then the latter ran away to save his life. He said that we people had removed the wheat bhaar. Patauri, PW 5 furnished their own version of the incident being eye witnesses. He has found five injuries. I also received many injuries. I said that we had number removed the wheat bhaar. He found 12 injuries. Injury No.3 Was crushing on the left back of the head. In order to save ourselves and our, lives we also started to beat them well khocb marney lage . The High Court companypared the injuries suffered by the deceased and also by the accused. They fell down, we also fell down. The prosecution story further went on to state that after about one hour of the said incident number only the three persons mentioned above but the remaining accused persons also came and stayed on the doul of the field of these persons. The wheat crop had been entirely cut. Chhabra, P.W.I. I also called bad names to him. When the accused were examined under Section 313 of the CrPC, they denied the prosecution allegation. It was a little after dopehar. I picked up a bamboo stick which was lying there. On this assurance being given, the said three persons went away. I refused to accompany him. Jagannatha Shetty, J. The prosecution examined in all witnesses. That is how the ladai took place. Some of them were incised and perforated. Both of us exchanged abuses. Challenging the decision of the High Court, both the State and the informant have appealed to this Court with leave. These appeals are directed against the judgment dated September 17, 1979 of the High Court of Punjab Haryana acquitting all the accused by setting aside the companyviction and sentence under Section 302 read with Sections 149 and 148 of the Indian Penal Code.
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1988_14.txt
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after excluding that portion of it which is attributable to the element of interest was loss on capital account which went to increase the actual companyt of the depreciable assets for companyputing depreciation for the Assessment Year 1961 62? after excluding that portion of it which is attributable to the element of interest was gain on capital account which went to reduce the actual companyt of the depreciable assets for companyputing depreciation for the Assessment Year 1960 1961? 29,063 and net loss of Rs. 48,984 was made by the assessee company from fluctuations in the rate of foreign exchange while repaying the instalments of the foreign loan for the Assessment Year 1960 61, the appropriate part of the said gain i.e. 58,28,839 accrued to the assessee company from the fluctuations in the rate of foreign exchange for the Assessment Year 1961 62, the appropriate part of each of the said two amounts i.e. Whether on the facts and in the circumstances of the case and having regard to the fact that the net loss of Rs. The relevant assessment years in the judgment relied upon by the High Court were 1970 71 and 1971 72.
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1997_1168.txt
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liquor in the bottles on the sale rack after having tampered with the seals. The respondent in his explanation denied having diluted or weakened the liquor in the bottles on the sale rack. The respondent was expected to store liquor of strength 30 U.P., while the strength of the liquor in these two bottles was 44.9 U.P. He found two bottles on the sale rack with loose companyers which appeared to him to be suspicious. There companyld also be seepage from the companyers if the bottles were turned up side down. He tested their strength and discovered that strength was far below the strength of issue from the Warehouse. The appellant came to the finding that the respondent had wilfully adulterated or caused the deterioration of the liquor in 10 of the bottles which were found by the Superintendent of Excise on his sale rack and that was the order which was upheld by the Board of Revenue. Therefore, he also checked the remaining 13 bottles which were on that sale rack He found that the strength of 5 of them was 30 U.P., while the remaining 8 had liquor of strength 48.4 or 48.8 U.P. He suggested in his explanation that, very likely, the deterioration must have taken place in the warehouse before the bottles were issued to him. The companyers companyld be turned all round without detaching them from the bottles and without breaking the seal. The Superintendent of Excise of the Sibsagar Sub Division, in which the shop of the respondent is situated, inspected some liquor shops in the month of June, 1965 and discovered that some of the bottles in the shops were number properly sealed. In the endorsement to the lessees, the Superintendent of Excise added that the lessees should number take delivery of such liquor sealed bottles with loose closures and, in case, through heavy rush at the time of issue, some such bottles with loose closures happened to creep in to their companysignments, they should be returned at once to the Officer in charge, Warehouse companycerned for getting them properly secured. He felt that this left a scope for tampering as well as deterioration in strength of the liquor in storage beyond the permissible limits and, companysequently, a few days later, on 24th June, 1965, he issued a letter to the Officer in Charge, Warehouses, Jorhat and Nazira which were issuing the sealed bottles, to take all possible steps to secure the marked closures properly and to ensure that numbersealed bottle of liquor with loose closures were issued from the warehouses. He marked these bottles, took them in his possession, and recorded a report of his inspection. The explanation given by the respondent was, therefore, very reasonable and the fact that 10 bottles were found with adulterated liquor was companysistent with his explanation, though, of companyrse, it was also companysistent with the finding recorded by the appellant and the Board of Revenue. The appellant asked for companyments on this explanation from the Superintendent of Excise. A companyy of this letter was endorsed as a circular to all the lessees of the liquor shops, including the respondent. The Superintendent of Excise recorded his companyments on 6th September, 1965. On this possibility, the most adverse inference that companyld be drawn against the respondent was that he did number follow the instructions issued by the Superintendent of Excise on 24th June, 1965 by carefully checking the bottles and returning them if they were in defective companydition. The respondent, Gopal Chandra Khound, is the holder of a licence of a companyntry liquor shop issued by the appellant, Sub Divisional Officer and Collector, Shivasagar. and 49 0 U.P. I of 1910, which reads as follows No licensed wholesale or retail vendor shall wilfully adulterate or add any thing to cause the deterioration of any intoxicant sold or kept for sale by him. Subsequently, on 31 July, 1965, he made a check of the shop of the respondent. Thereafter, he sent a report to the appellant informing him of this inspection and stating his opinion that the respondent had deliberately diluted and weakened the 30 U.P. He explained that the seals were of such a nature that there companyld be numberdilution unless the companyers were companypletely removed, so that, according to him, the charge of dilution was out of question and was absolutely impossible. The explanation companytained further details showing cause against the numberice issued to him. The appellant had purported to cancel the licence of the respondent for companytravention of Rule 300 of the Rules framed under the Eastern Bengal and Assam Excise Act No. In pursuance thereof, the appellant issued a numberice to the respondent to show cause on 16th August, 1965. So far as deliberate adulteration by the respondent is companycerned, there was numbermaterial on which such a finding companyld have been recorded. The respondent filed an appeal before the Board of Revenue. He recommended that the respondent should be asked to show cause why his licence should number be cancelled and security forfeited. On a companysideration of these documents the appellant cancelled the licence of the respondent. Bhargava, J. The High Court set aside the order of the appellant and the Board of Revenue. Thereupon, the respondent filed a petition under Article 226 of the Constitution before the High Court of Assam and Nagaland. The Board dismissed the appeal by the order dated 17th January, 1966. This appeal has, therefore, been brought up to this Court by the appellant against that judgment of the High Court by special leave.
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1971_559.txt
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17,900/ in favour of the plaintiff. On 12th of December, 1975 defendant No.1 executed an agreement to sell two plots of land plot A companyprising 2 acres patta land and plot B companyprising Ac.1.30 Cents Sivaijama land for a sum of Rs. 1 was found to be defective as one Bhima Naik set up title on Sivaijama land, hence the plaintiff prayed for specific performance of agreement to sell of two acres of patta land only after proportionate deduction of the price for the land or in the alternative, substitute the patta land for the price agreed upon between the parties. 1 has numbertitle in respect of land companyprising in plot B, and the plaintiff is ready and willing to pay up the whole of the agreed companysideration amount, after relinquishing his claim in respect of plot B land and the companypensation, the plaintiff is entitled to decree for specific performance. This is a plaintiffs appeal. The plaintiffs case was that the appellant always was and is ready and willing to perform his part of the companytract. The trial companyrt further found that the title set up by Bhima Naik in respect of one item of the land did number entitle the plaintiff to vary the companytract. The trial companyrt held that the plaintiff is number entitled to seek enforcement of new companytract either by way of substitution of the patta land or for proportionate deduction of the agreed price of the land. In that view of the matter, the appeal was allowed and the suit was decreed in respect of land companyprised in plot A measuring two acres of patta land. 1 that he has numbertitle in respect of plot B land and the same belonged to his wife and she has refused to assign the said land in his favour. Subsequently, one Bhima Naik issued a registered numberice to the appellant stating therein that he is the owner of the land companyprising in plot B measuring Ac.1.30 Cents and that the defendant No. 17,900/ and further he is relinquishing his claim in respect of the land companytained in plot B and that he would number claim any companypensation. The defendant took the plea that the plaintiff cannot seek to enforce a new companytract and that the plaintiff under the pretext of numberice having received by him from Bhima Naik, did number companye forward to perform his part of the companytract and his plea for proportionate deduction of the price or in the alternative, substitute the property is untenable and the suit is liable to be dismissed. However, the defendant evaded to perform his part of the companytract. Under such circumstances, the plaintiff moved an application for amendment of the plaint to the effect that the plaintiff is ready and willing to purchase Ac. 2 acres of land in plot A by paying the entire sale companysideration of Rs. Since the title of defendant No. With the aforesaid finding, the plaintiffs suit was dismissed. The first appellate companyrt having found that defendant No. 2,900/ was paid to defendant No.1 as earnest money. The plaintiff thereafter filed an appeal before the first appellate companyrt. Defendant No.1 companytested the suit by filing a written statement. The High Court was of the view that since the plaintiff did number companye with the suit claiming the benefit of sub section 3 of Section 12 of the Specific Relief Act, 1963 hereinafter referred to as the Act , and claimed performance of only part of the whole agreement, and therefore he was number ready and willing to perform his part of the whole companytract and thus number entitled for decree for specific performance of the agreement to sell. The appellant sent numberice to defendant No. Under the agreement to sell, a sum of Rs. It is under such circumstances, on 15.3.76, the appellant herein brought a suit for specific performance being OS 19/76 in the companyrt of Subordinate Judge, Madanapalle. Before the first appellate companyrt for the first time it was stated by defendant No. 1 has numberright to sell the same to the appellant herein. Aggrieved, the defendant preferred a second appeal before the High Court. It is against the said judgment of the High Court, the plaintiff has preferred this appeal by way of special leave petition. The said amendment was allowed by the appellate companyrt. Consequently, the second appeal was allowed and the suit stood dismissed. 1 for executing the sale deed. N. KHARE, J.
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2001_932.txt
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The General Court Martial. The General Officer Commanding in Chief. The findings and sentence of the General Court Martial were companyfirmed by the Chief of the Army Staff by his order dated May 11, 1979. During this period Captain Chhabra submitted a Contingent Bill dated September 25, 1975 for Rs.16,280 for winter liveries of the depot civilian chowkidars and sweepers. The appellant submit ted a petition dated December 18, 1978, to the Chief of Army Staff wherein he prayed that the findings and the sentence of the General Court Martial be number companyfirmed. Thereupon the appellant submitted a fresh Contingent Bill dated December 25, 1975 for a sum of Rs.7,029.57. In view of the aforesaid order passed by the General Officer Commanding in Chief, Central Command, a charge sheet dated July 20. The said Contingent Bill was returned by the Controller of Defence Accounts CDA Meerut with certain objections. 1978, companytaining three charges was served on the appellant and it was directed that he be tried by Gener al Court Martial. In the writ petition the appellant had challenged the validity of the finding and the sentence recorded by the General Court Martial on November 29, 1978, the order dated May 11, 1979, passed by the Chief of Army Staff companyfirming the findings and the sentence recorded by the General Court Martial and the order dated May 6, 1980, passed by the Central Government dismissing the petition filed by the appellant under Section 164 2 of the Army Act, 1950 hereinafter referred to as the Act . 341/Q dated September 25, 1975 for Rs.16,280 omitted to initiate action against Capt. In his absence Captain G.C. The said report of the Court of Enquiry was companysidered by the General Officer Commanding, M.P., Bihar and Orissa Area, who, on January 7, 1977 recommended that severe displeasure to be recorded of the General Officer Com manding in Chief of the Central Command be awarded to the appellant. On December 27, 1974, the appellant took over as the Officer Commanding of 38 Coy. In view of the difference in the amounts mentioned in the two Contingent Bills, the CDA reported the matter to the headquarters for investiga tion and a Court of Enquiry blamed the appellant for certain lapses. The appellant held a permanent companymission, as an offi cer, in the regular army and was holding the substantive rank of Captain. on November 29, 1978, found the appellant number guilty of the second charge but found him guilty of the first and the third charge and awarded the sentence of dismissal from service. the second charge was alternative to the first charge and was in respect of offence under Section 63 of the Act, i.e. In August 1975, the appellant had gone to attend a training companyrse and he returned in the first week of November 1975. Chhabra was the officer companymanding the unit of the appellant. The appellant pleaded number guilty to the charges. Central Command did number agree with the said opinion and by order dated August 26, 1977, directed that disciplinary action be taken against the appellant for the lapses. Kapil Sibal, Additional Solicitor General, Raju Rama chandran, Rajiv Dhawan, C.V. Subba Rao and Mrs. Sushma Suri for the Respondents. 1835 of 1981. The first charge was in respect of the offence under Section 52 f of the Act, i.e. The said writ petition was dismissed, in limine, by the High Court by order dated August 12, 1981. The said petition of the appellant was rejected by the Central Government by order dated May 6, 1980. This appeal, by special leave, is directed against the order dated August 12, 1981, passed by the High Court of Delhi dismissing the writ petition filed by the appellant. companymitting an act prejudicial to good order and military discipline and the third charge was also in respect of offence under Section 63 of the Act. From the Judgment and Order dated 12.8.1981 of the Delhi High Court in C.W.P. K. Ganguli, A. Sharan for the Appellant. The appellant thereupon filed the writ petition in the High Court of Delhi. Securities and Exchange Commission v. Chenery Corporation, 1942 87 Law Ed. The prosecution examined 22 witnesses to prove the charges. Prasad for the Secretary, Ministry of Defence. doing a thing with intent to defraud. 626 at P. 636. The appellant approached this Court for grant of special leave to appeal against the said order of the Delhi High Court. By order dated January 24, 1984, special leave to appeal was granted by this Court. He was officiating as a Major. By the said order it was directed that the appeal be listed for final hearing before the Constitution Bench. The said order does number indicate the reason why the appeal was directed to be heard by the Constitution Bench. The Judgment of the Court was delivered by C. AGRAWAL, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. No.
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1990_253.txt
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Verma, Amrita Mitra, Ms. Priya Hingorani, S. Sukumaran, Ms. Amrita Mitra, Ms. S.Bagga, Krishan Kumar, Bhaskar Pradhan, Ms. Poonam Madan, Ms. Gauri Advani, S. Pathak, B. Lal, B.P. Aggarwal, Ms. Geetanjali Mohan, P.K. Ahuja, Manoj Arora, S. Rajappa and Ms. A. Subhashini for the Respondents. Aggarwal, A.S. Rao, Ravinder Narain, S. Ganesh, A.K. Dr. Devi Prasad Pal, Dinesh Vyas, P.H. Parekh, B.N. The seeds of the present companytroversy were sown as early as in 1946. C. Manchanda, B.B. Mukherjee and S.C. Patel for the Petitioners. It is also a curious companyincidence that the 1980 Act effected two amendments in the 1961 Act with retrospective effect and the validity of both these provisions have been challenged before the companyrts. 90 of 1981 etc. The assessee appealed to Commissioner of Income tax Appeals who disallowed the claim. The Judgment of the Court was delivered by RANGANATHAN, J. ORIGINAL JURISDICTION Writ Petition No.
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1992_454.txt
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The certificates were put in execution. The Certificate Officer claimed payment of the interest due on the certificates. On the requisition of the Superintendent, Sales Tax, Purnea, the Certificate Officer, Purnea, signed and filed four certificates under Section 6 of the Act stating that the demands were due from the appellant. 4 of 1914 . The appellant, a registered dealer under the Bihar Sales Tax Act, was assessed to pay sales tax for four different periods. The arrears of taxes were public demands within Section 3 6 read with item 3, Schedule 1 of the Bihar and Orissa Public Demands Recovery Act, 1914 B. and O. In the companyrse of the execution proceedings, the appellant paid the principal amounts of the certificates. The appellant filed objections disputing its liability to pay any interest. By his orders, dated March 20, 1958, the Certificate Officer dismissed the objections. S. Bachawat, J. The appellant filed four writ applications challenging these orders. Act No. The appellant number appeals to this Court by special leave.
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1966_217.txt
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The D.P.C. New Delhi the action of the D.P.C. met on 23.11.1989 for companysid ering the respondent and some others for promotion to tile Senior Administrative Grade. which was received by tile companycerned departmental authorities oil 31.5.1989. The respondent, kewal Kumar, was Deputy Chief Electrical Engineer, Northern Railway at New Delhi when the Departmental Promotion Committee D.P.C. 2737 of 1991. followed the scaled companyer procedure in the case of the respondent, in view of the fact that the decision to initiate disciplinary proceedings against him for imposition of major penalty had been taken by the companypetent authority earlier on 20.11.1989 The decision to initiate disciplinary proceedings was taken on the basis of a First Information Report F.I.R registered on 30.9.1988 by tile Central Bureau of Investigation C.B.I. to follow the sealed companyer procedure in his case. R.K. Kamal and B.S. Verma NP for the Appellant. Solicitor General, R. Sasiprabhu and V.K. 1584 of 1993. From the Judgment and Order dated 14.8.1992 of the Central Administrative Tribunal, Principal Bench, New Delhi in O.A. Gupta for the Respondent. R. Reddy, Addl. K. Gupta. The judgment of the Court was delivered by VERMA, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. No.
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1993_256.txt
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Claim 13 was for Rs.2,13,729/ as companyt of arbitration. The Arbitrator also awarded Rs.39,610/ towards companyts under Claim No. All the companynter claims of respondents were rejected. by appellant by Arbitrator 1 Claim for the balance payment of 34th Rs.11,26,518 Rs.11,26,518 Running account 2,4,5 2 Claim for the payment due under 35th Running Account bill Rs.8,70,517 Claim for the payment for Extra Rs.65,64,544 items of work executed Rs.3,27,335 Claim for escalation in rates for works executed after July 1995 till the Rs.14,59,320 date of termination 3 Claim for the refund of Security Rs.1,00,000 Rs. The particulars of the amounts claimed and the awards thereon are as under Clai ms by appellant Claim Particulars of Claim Amount claimed Amount awarded No. By award dated 5.9.2001 as amended on 22.9.2001 the Arbitrator awarded a sum of Rs.1,04,58,298/ with interest and companyts in favour of the appellant and rejected the companynter claims of the respondents. Claim 12 was for interest at 18 per annum on the total claim amount from 20.5.1996 to date of realization. Cost of Arbitration Rs.1,00,000 Nil Total Rs.2,79,54,225 Nil The Arbitrator awarded to the companytractor, simple interest 9 per annum on Rs.38,21,298 for the period 14.9.1996 to 31.3.1997 and simple interest 15 per annum on Rs.1,04,58,298 for the period 1.4.1997 to date of payment under Claim No.12 . 11 Claim for the loss of anticipatory profit Rs.54,03,669 Rs.39,12,000 15 on the value of balance work which companyld number be executed due to termination of Contract Total Rs.2,06,70,495 Rs.104,58,298 Counter Claims by respondents Counter Particulars of Counter Claim Amount claimed Amount awarded Claim No by Respondents by Arbitrator Excess companyt of getting the work Rs.1,46,69,227 Nil executed through an alternative agency recoverable as per clause 3 of the agreement Liquidated damages levied under Rs.56,84,998 Nil clause 2 of the agreement Escalation that would be payable to Rs.75,00,000 Nil the alternative agency in regard to execution of remaining work tentative . Rs.25,57,295 Rs.17,50,000 Claim for off site overheads and establishment expenses during the extended period of 14 months beyond the stipulated date of companypletion. On 26.3.1993 the respondents awarded the work of extension of terminal building at Guwahati airport to the appellant. 7 Claim for on site overheads and establishment expenses during the extended period of 14 months beyond the stipulated date of companypletion. engaged for execution of the work for the period beyond the stipulated date of companypletion. The award passed by the Arbitrator on 5.9.2001 and companyrected on 22.9.2001 as well as the order dated 12.12.2003 passed by the learned Adhoc Additional District Judge No.2, Kamrup, Guwahati in Misc. 10 Claim for companypensation for the Rs.18,01,701 Nil unutilized proportionate expenses incurred for establishing the site, and setting up of infrastructure required for performance of full value of work. On 17.4.1997, the appellant filed its statement of claims. On 3.2.1999, the respondents filed their reply and also filed their four companynter claims before the arbitrator aggregating to Rs. As per the companytract, the date of companymencement of work was 10.4.1993 and the period of companypletion of the work was 21 months, to be companypleted in different stages. 37,608 Rs. Claims 1 to 11 aggregated to Rs.2,38,86,198.31 subsequently, reduced to Rs.2,06,70,495/ . The companytractor proceeded with the work even thereafter. 1,00,000 Deposit 6 Claim for the difference in scale Rs. 9 Claim for loss of hire charges of Rs.30,79,160 Rs.8,75,000 machinery, shuttering materials etc. This appeal is directed against the judgment dated 8.2.2005 of the Guwahati High Court allowing Arbitration Appeal No.1/2004 filed by the respondents and setting aside the judgment dated 12.12.2003 passed by Additional District Judge, Kamrup, Guwahati by which the District companyrt had dismissed the petition filed by respondents filed under section 34 of Arbitration Conciliation Act, 1996 and affirmed the Award passed by the Arbitrator dated 5.9.2001, with clerical companyrections made on 22.9.2001 . Case No.590/2001 under Section 34 of the Arbitration and Conciliation Act, 1996 for short, the Act in the District Court, Guwahati for setting aside the aforesaid award. 37,608 weight and sectional weight of steel 7 8. In pursuance of it, on a request by the appellant, the respondents appointed Mr. C.Vaswani as the sole arbitrator on 14.2.1997. As the work was number companypleted, the respondents granted an extension upto 31.7.1995 by letter dated 24.8.1995, without levying any liquidated damages. As the appellant also referred to as the companytractor did number companyplete the first phase of the work within the stipulated time, the respondents terminated the companytract by order dated 29.8.1994. The High Court by order dated 25.6.1996, numbericed the existence of the arbitration agreement and referred the parties to arbitration. 279,54,225/ . However, as the progress was slow, the respondents terminated the companytract on 14.3.1996 on the ground of number completion even after 35 months. By judgment dated 27.9.1994, the High Court set aside the termination and directed the respondents to grant time to the appellant till the end of January 1995 for companypletion of the first phase reserving liberty to the appellant to apply for further extension of time. On 12.12.2001, the respondents filed an application Misc. The termination was challenged by the appellant in a writ petition filed before the Gawahati High Court. The respondents filed an additional petition in the said proceedings, under section 34 of the Act on 27.1.2003, raising additional grounds of challenge. The appellant filed a writ petition, challenging the cancellation. V.RAVEENDRAN, J.
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2011_280.txt
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The appellant Lingaram Kodopi is the nephew of the appellant Soni Sori Lingarams father and Soni Soris husband were the real brothers . However, Lingaram Kodopi and companyaccused B.K. Lala and the naxalites. The appellant Soni Sori was also arrested afterwards on 12.10.2011 in Delhi. Mr. Gonsalves also argued that even other family members of Soni Sori have been tortured by the police. Shri B.K. Her nephew Mr. Lingaram Kodopi on 31.8.2009 was kidnapped by the Chhattisgarh police and forced to become a Special Police Officer SPO . Mr. Gonsalves further submitted that in September, 2011, Tehelka Magazine did a sting operation of the companyversation which took place between the appellant and companystable Mankar of the Kirandul police station, in which companystable Mankar admitted in a phone companyversation that the appellant, Soni Sori and her nephew Lingaram Kodopi were being framed in the Essar case, and that Lingaram Kodopi was picked up from the house and number from the bazaar. As a companysequence she incurred the wrath of police who started filing series of false cases against the appellant Soni Sori. Apart from B.K. Lala were arrested from the spot. Lala as well as Shri DVCS Verma were also arrested. When the police party reached, a pandemonium took place and taking advantage thereof Soni Sori successfully escaped. Lala, Accused No. 5469 of 2009 before the Chhattisgarh High Court as a result of which Mr. Lingaram was released from custody. 15 lakhs from B.K. Shri DVCS Verma was granted bail on 3.1.2012. After the examination of Soni Sori by the aforesaid hospital in Kolkata and receiving the report from the said hospital, on 2.5.2012 this Court directed the Director of All India Institute of Medical Sciences AIIMS to companystitute a Board of Directors, which would include the Head of the Department of Gynaecology, Endocrinology and the Cardiac Department, to examine Ms. Soni Sori, as to her physical companydition and, thereafter, to recommend the treatment to be undergone in AIIMS itself. 206 of 2011 pending in this Court wherein the aforesaid worsening health companydition of Soni Sori was explained and on 20.10.2011 this Court directed that she be taken to Kolkata and admitted in Nil Ratan Sarkar Medical College and Hospital, Kolkata. 26/2011 with Police Station Kuakonda district Dantewada, Chhattisgarh is registered against them alongwith certain other persons. To buttress this submission of false implication, Mr. Gonsalves also pointed out that the appellant Soni Sori who was a teacher in a Government School had in fact been attending the school which was clear from the attendance register filed as Annexure P 1 to the SLP. However, both have since been enlarged on bail, Shri B.K. Lala at village Palnar weekly market at 1.00 p.m. on 9.9.2011. Lala and the two appellants, one DVCS Verma who is the General Manager of Essar Company has also been implicated in the said case. Both the appellants were made companyduits to receive money from B.K. In that Writ Petition she stated that she was tribal woman from Village Sameli in Dantewada district of Chhattisgarh. Mr. Gonsalves also highlighted the atrocity companymitted on her by the police during her custody, particularly on 8.10.2011. Lala so that they companyld hand it over to the companycerned naxalite persons. 1 in this case is a companytractor of Essar Company who was supposed to pay money to these naxalites. He thereafter became a journalist and participated in several TV programmes on the massacres and killings taking place in Chhattisgarh and he also took photographs of the houses of the tribals that were burnt by the Chhattisgarh police and these photographs were printed in magazines. She, therefore, through the brother of Lingaram, organized and filed a Writ Petition habeas companypus No. In nut shell the prosecution case is that on 8.9.2011, the companycerned police received secret information that these appellants are likely to work as companyduit for paying huge amount to the Naxalties, which was to be paid by Essar Company through companyaccused B.K. At AIIMS she was treated for vulval excoriations and scabies and thereafter transferred to Raipur Central Prison and then to Jagdalpur Central Prison. Mr. Gonsalves also referred to the proceedings in Writ Petition Crl. Lala, a companytractor of the said companypany, whose plant was operating in the naxal affected areas. From the companyrt she was taken to Jagdalpur Jail from where she was taken to Maharani hospital from Jagdalpur and admitted there at 8.00 p.m. On 12.10.2011 she was referred to Bhim Rao Ambedkar Medical College, Raipur. He also submitted that because of the torture she suffered at the hands of police during interrogation on that day, her health deteriorated and she had to be admitted into the Dantewada district hospital at 9.30 a.m. on 10.10.2011. The Court also observed, while giving this direction, that the injuries sustained by her do number prima facie appear to be simple as had been projected by the Chhattisgarh Police. Lala who was arrested on 9.9.2011 was granted statutory bail on 4.2.2012, on the ground that charge sheet was number filed until after 90 days from the date of registration of FIR. As per the High Court since direct evidence was available against these accused persons showing their companyplicity, there was a prima facie evidence against the appellants to the effect that they were found to be working as companyduit between Essar Company through B.K. As per the prosecution, in the present case different aspects of naxal movements had appeared wherein these naxalites receiving huge amount of money from Corporate groups to further their activities of waging war against the companyntry. Both these appeals arise out of companymon order dated 8.7.2013 passed by the High Court of Chhattisgarh, whereby applications for bail preferred by these two appellants were rejected. The police informed the Magistrate by falsely stating that she had suffered a fall in the bathroom. The companycerned police companyducted a raid when these two appellants were in the process of receiving the amount of Rs. Both have been arrested in companynection with the aforesaid case. These two appellants however were denied bail by the Trial Court and, as mentioned above, even the High Court has rejected their bail applications. The appellants have filed the companyy of the CD with transcription and excerpts of the companyversation are reproduced in the SLP paper book as well. Both these appellants have been implicated under Sections 121, 124 1 and 120B of the Indian Penal Code as well as Section 8 1 2 3 of the Chhattisgarh Jansuraksha Adhiniyam and Sections 10 13 of the Unlawful Activities of the Act. On that basis his submission was that this sting operation was enough to show that the appellants were framed falsely in the entire case. These two other accused persons, viz. When she was taken to the Court on that day at 1.45 p.m. she was number even in a position to stand and walk. From the perusal of the order of the High Court it becomes clear that the High Court has mainly been influenced by the serious nature of crime allegedly companymitted by these appellants. Details of these cases are given in Para 8 of the Synopsis to the Special Leave Petition. The High Court also took numbere of the statements of certain witnesses which were recorded during investigation and went through the case diary. Appellants are related to each other. For the alleged offence under the aforesaid provisions crime No. K. SIKRI, J. Leave granted.
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of India And Secretary of the Central Advisory Contract Labour Board. In pursuance of the recommendations of the Board, the matter has been companysidered in detail by the Central Government and it has been decided number to prohibit employment of Contract Labour in the sweeping, cleaning, dusting and watching of Building owned or occupied by the establishments, of Food Corporation of India, Industrial Finance Corporation of India, for which the appropriate Government under the Contract Labour Regulation and Abolition Act, 1970 is the Central Government. The Central Government thereafter issued a Notification on or about 28.5.1992 stating that numbercase for abolition of companytract labour in respect of the jobs of sweeping, cleaning, dusting and watching of buildings in Food Corporation of India was made out. v. United Labour Union ors. Subject Report Part I of the Committee companystituted to study the working of Contractor Labour System in Sweeping, Cleaning, Dusting and Watching of Buildings owned or occupied by establishments in respect of which the Central Government has become the appropriate government after the amendment in 1986 of the Contract Labour Regulation and Abolition Act, 1970. In a decision of this Court titled Food Corporation of India Workers Union v. Food Corporation of India ors. Unit Trust of India, and Central Warehousing Corporation was discussed in the 24th meeting of the Central Advisory Contract Labour Board held on 29.02.1992 at New Delhi under the Chairmanship of Union Deputy Labour Minister. 779 E In exercise of the power companyferred by sub section 1 of Section 10 of the Contract Labour Regulation and Abolition Act, 1970 37 of 1970 the Central Government after companysultation with the Central Advisory Contract Labour Board, hereby prohibits employment of companytract labour on and from the 1.3.1977, for sweeping, cleaning, dusting and watching of buildings owned or occupied by the establishments in respect of which the appropriate Government under the said Act is the Central Government emphasis supplied Provided that this numberification shall number apply to the outside cleaning and other maintenance operations of multi storeyed buildings where such cleaning or maintenance operations cannot be carried out except with specialized experience. What was sought to be companytended was that the companytractor was supplier of labour. Various State Governments issued Notification prohibiting employment of companytract labour in some processes in its establishments purported to be in exercise of its power under Section 10 1 of the Contract Labour Regulation and Abolition Act, 1970 for short, the Act . U.23013/11/89 LW Government of India Ministry of Labour Jaisalmar House, Mansingh Road, New Delhi, Dated 28th May, 1992 To, All the members of Central Advisory companytract Labour Board. dated 3rd April, 1992 and to say that the matter relating to the dusting and watching of buildings owned or occupied by the Corporation of India. Appellant has been companystituted under the Food Corporation of India Act, 1964. 742 of 1993 and Writ Petition No. The decision of this Court in Food Corporation of India Workers Union supra however was number numbericed. 742 of 1993 by a judgment and order dated 21.7.1998 opined that the companytract labour in the depots of the appellant by reason of the said numberification dated 9.12.1976, the workmen were entitled to the benefits of the said decision of Air India supra holding Accordingly, on finding the work to be perennial nature, it had recommending and the Central Government had companysidered and accepted the recommendation to abolish the recommendation to abolish the companytract labour system in the afore said services. Indisputably, the Government of India in exercise of the same power issued a Notification bearing No. A Division Bench of the said Court dismissed the said Writ Petition giving liberty to the Union to approach the Labour Court. The question came up before this Court in Air India Statutory Corporation Ors. However, on or about 28.1.1986, the definition of Appropriate Government was amended by Act 14 of 1986 in terms whereof, the Central Government was declared to be the appropriate Government, inter alia, so far as establishments of FCI are companycerned. A Corporation therefore may have more than one establishment. As the law stood then, the respective State Governments were companysidered to be the appropriate Government in respect of the appellant. 294, it was held On the interpretation of the relevant sections extracted above, we hold that the appropriate Government for the purpose of this case pertaining to the regional offices and their warehouses in the respective States is the State Government and number the Central Government. 779 E on or about 9.12.1976 to the following effect O. The Food Corporation of India Class IV Employees Union filed a Writ Petition praying for the following reliefs i a writ in the nature of mandamus or any other writ, order of direction directing the Respondents to employ the persons mentioned in Annexure P/1 as watchmen in accordance with the directions of the Honble Supreme Court of India in Steel Authority of Indias case reported as AIR 2001 SC 3527 and in accordance with the directions given by this Honble Court in Civil Writ Petition No. It is interesting to numberice that the writ petition filed by the Union and of the Raj Kumar apparently proceeded on the basis that they were appointed by the Corporation. 742 of 1993 dated 21.7.1998 that the petitioner therein companyfined its case to Sangrur. 4695 of 1999. 377 where it was held that all the companytract labourers on issuance of Notification dated 9.12.1976 became the direct employees of the respective managements. It was the Sangrur branch of the Union which filed the application. 742 of 1993 was applicable both to Punjab as well as Haryana which had number been denied or disputed. Appellant thereafter issued two advertisements being dated 13.9.2003 and 20.8.2003 for enrolment of agencies for provision of security companyerage of FCI foodgrains stored in various godowns CAP companyplexes in Haryana and also for the purpose of security of FCI building at Chandigarh. In the writ petition filed by Raj Kumar and others, camouflage was pleaded. Raj Kumar and 71 others also filed a Writ Petitioin before the High Court which was marked as CWP No. It was inter alia decided to leave the matter further for a decision by Government keeping in views the views expressed in the matter. 4695 of 1999 decided on 22.8.2002 Annexure P/8 ii any other writ, order or direction which in the circumstances, of this case, this Honble Court deems fit and proper be also passed iii issuance of advance numberices be dispensed with iv filing of certified companyies of annexures be dispensed with v companyt of the petition be awarded. A series of writ petitions thereafter were filed before the Punjab Haryana High Court. 22320 21 of 2004 and 22335 36 of 2004 questioning the decision of the High Court in CWP No. A Division Bench of the High Court opined that the workmen were entitled to the benefit of para 125 b of the judgment in Steel Authority of India Limited supra as interpreted by the Division Bench of the said High Court in L.P.A. reported in 1997 9 S.C.C. It was number the companytention that the watchmen had been deployed by the companytractor. Indisputably, the Special Leave Petitions filed thereagainst have been dismissed by this Court by an order dated 24.2.2003. reported in 1985 2 S.C.C. In one of the matters, a Division Bench of the said Court in LPA No. It was furthermore prayed i that during the pendency of the writ petition, the Respondents be restrained from employing any other persons in preference to the persons mentioned in Annexure P 1 ii and Respondents be directed to dispense with the services of the SPOs Home Guards employed as watch and ward staff by way of a stop gap arrangement. For the purpose of carrying out its activities, it maintains a large number of godowns in different parts of the companyntry including the States of Punjab and Haryana. Yours faithfully, Sd Smt. Before, however, embarking on the companytentions raised by the parties, we may also numberice that Review Petitions had been filed thereagainst which by reason of an order dated 21.5.2004 were dismissed. 15484 of 2003. The main judgment was delivered in CWP No. P. Vankatachalam Deputy Secretary of the Govt. Curiously, the appellants have filed only two Special Leave Petitions bearing No. 2757 of 2006 arose out of the said order. Sir, I am directed to refer to this Ministrys letter of even No. The advertisements were quashed. Special Leave Petition Civil No. The case has a chequered history. S.O. The High Court unfortunately in its judgment did number pose any such question. B. Sinha, J. No. Leave granted.
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At the foot of the said numberices it was stated that failure on the part of the Official Liquidator to companyply with the terms of those numberices would number only result in ex parte assessment against the Company but might also entail penalty under Section 271 of the Income tax Act Certain negotiations followed between the Official Liquidator and the Inspecting Assistant Commissioner of Income tax but they were infructuous. Earlier on May 1, 1959 the Official Liquidator had been appointed by the High Court its provisional liquidator. On December 31, 1966, the Income tax Officer served further numberices under Section 142 1 of the Income tax Act upon the Official Liquidator calling upon him to produce accounts and documents specified at the back of the numberices and to furnish any information called for by the said officer. On August 23, 1966 the Income tax Officer Companies Circle companycerned issued six different numberices under Section 148 of the Income tax Act, 1961 proposing to reopen the assessment of the Company and to re assess it in respect of the assessment years 1950 51 to 1955 56. However, the Income Tax Officer, purporting to exercise the power available to him under Section 49E of the Income Tax Act, 1922, set off this amount against the balance of Rs. 2565 as advance tax for the year 1955 56. Held the Income Tax Officer was in error in applying Section 49E and setting off the refund due to the respondent. The learned Judge on this view granted an injunction restraining the Income tax Officer from assessing or re assessing the said Company for the assessment years 1950 51 to 1955 56. A claim made for this tax on the official liquidator was adjudged and allowed as an ordinary claim and certified as such in April, 1952. The proceedings by way of assessment before the Income tax Officer, according to the companytention were outside the pale of jurisdiction of all civil companyrts including the Company Court. In December 1950 the respondent was assessed to tax amounting to Rs. A revision petition filed by respondent in respect of this set off was rejected by the Commissioner of Income tax. Before the appellate bench two companytentions were raised on behalf of the Income tax Officer 1 that numberices for reassessment issued under Section 148 were number legal proceedings within the meaning of that phrase as used in Section 446 1 of the Act, and 2 that, assuming the re assessment proceedings started under the said numberices to be legal proceedings, leave of the Company Court under Section 446 1 of the Act was number necessary because the Income tax Officer had exclusive jurisdiction to make re assessment and to determine the tax liability. On an application made by the Official Liquidator in the High Court questioning the jurisdiction of the Income tax Officer to issue the said numberices or to proceed with the re assessment of the Company without the leave of the High Court winding up the Company, Vimadlal J., on 28th September, 1967 held that the income tax authorities were number entitled to companymence the assessment or reassessment proceedings companytemplated against the Colaba Land and Mills Co., Ltd., or to companytinue the same without obtaining leave of the Court under Section 446 1 of the Companies Act, 1956 Act No. The Colaba Land and Mills Co., Ltd., in liquidation was ordered by the Bombay High Court on October 7, 1959 to be wound up under the provisions of the Companies Act, 1 of 1956 and the Official Liquidator was appointed its liquidator. It reads The respondent companypany was directed to be wound up and an official liquidator appointed by an order of the High Court in October, 1950. On appeal by the Income tax Officer and the Union of India before the appellate bench of the High Court against the order of injunction, the Division Bench Modi and Desai, JJ. The Liquidator declared a dividend of 9 1/2 annas in the Rupee in August, 1954 and paid a sum of Rs. Thereafter, petition under Article 226 filed by the respondent to set aside the orders of the Income Tax Officer and Commissioner was allowed by the High Court, on the ground that the demand for Rs. On a regular assessment being made for that year, only Rs. 8737 for the year 1948 49. 5188 to the Department, leaving a balance of Rs. 3549 due for the year 1948 49. 1126 was assessed as payable so that a sum of Rs. In June, 1954, the Department made a demand from the respondent and was paid Rs. 1460, inclusive of interest, became refundable to the respondent. 1 of 1956 hereinafter called the Act . reveled the order of the learned single Judge and set aside the injunction issued by him. The appellate bench did number companysider it necessary to decide the first companytention because, on the authority of Damji Valji Shah v. Life Insurance Corporation of India , the second companytention deserved to be accepted and that was companysidered sufficient to companyclude the appeal. D. Dua, J.
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1.50 crores. 5.21 crores. 6.50 crores. 6 crores. M s Hanuman Industries offered Rs.3.91 crores and Vishnu Kant Gupta finally offered Rs. 1.50 crores on February 9, 2007. 5 crores as per the bid accepted by the Company Judge and Rs. Accordingly offer of Vishnu Kant Gupta was accepted. Vishnu Kant Gupta, respondent No. On February 12, 2007, he offered Rs. 2 crores within three days. The Company Judge in the circumstances felt that it would be in the interest of Company to re advertise and re invite tenders. Thus, neither 25 amount 1.25 crores number 75 amount 3.75 crores was paid by him. 1.55 crores by a bank draft and also gave an undertaking to pay Rs. By the said order, the Division Bench allowed the appeal filed by Vishnu Kant Gupta first respondent herein and set aside the order passed by the Company Judge on February 12, 2007 in Miscellaneous Company Application No. 3 crores and also gave an undertaking to pay balance amount of Rs. On January 31, 2001, the matter was taken up by the Company Judge. He felt that his offer of February, 2001 was the highest and more than six years had passed. 1 had number paid the amount, but it was because of stay granted by the Division Bench in February, 2001. After the dismissal of appeals and vacation of stay, numberice was issued to Vishnu Kant Gupta on February 8, 2007 since he was the highest bidder. 232 of 2007. Even according to Company Judge, the offer made by the first respondent in 2001 was reasonable and hence it was accepted and there was numberground to interfere with the said action and the order passed by the Company Judge was illegal. An Official Liquidator was appointed under the Companies Act, 1956. Ltd. offered Rs. On behalf of one Hanuman Industries India , its companynsel Ms. Geeta Luthra stated that the Hanuman Industries was prepared to pay Rs.3.51 crores. One JHV Sugar offered Rs. He, hence, preferred an appeal against the order of the Company Judge. He was served on February 14, 2007. The respondent herein was very much aggrieved by the order passed by the Company Judge. Before the period of three months fixed for the payment of first instalment companyld expire on April 30, 2001, two Writ Appeals were filed against the order passed by the Company Judge and by orders dated February 7, 2001 and March 13, 2001, interim stay was granted by the Division Bench and operation of the order by the Company Judge was stayed. Accordingly, he passed an order for re advertisement of tenders and re invitation of offers. The Division Bench of the High Court companysidered the facts and circumstances of the case and held that the grievance of the appellant was well founded and the Company Judge was number justified in setting aside the highest offer made by the respondent and accepted by the Company Judge. Likewise, Sanjeev Kumar Chawdhary offered Rs. 1 herein had also made offer of Rs.3.51 crores payable in four equal quarterly instalments on companydition that the possession of the factory be given by the Official Liquidator upon payment of first instalment and on furnishing bank guarantee for the remaining amount. Unfortunately, however, two appeals were preferred and the Division Bench granted interim relief in February, 2001. Proceedings had been initiated under the Sick Industrial Companies Special Provisions Act, 1985 and Board of Industrial and Financial Reconstruction BIFR , by its order dated June 28, 1993, held that there was numberpossibility of rehabilitation of the Company and the Company must be ordered to be wound up. The said amount came to about Rs. The Division Bench, therefore, held that at the most the first respondent should pay interest 10 from December 5, 2006 when the appeals were dismissed up to February 9, 2007 when the respondent No. The facts giving rise to the present appeal are that Champaran Sugar Company Limited was in financial doldrums. 1 paid Rs. Pursuant to the said recommendation, the High Court passed an order for winding up of the Company on September 5, 1994. But even before the service of numberice, he came to know about the dismissal of appeals and vacation of stay order and he deposited an amount of Rs. Meanwhile, however, other persons also gave offers. On January 4, 2000, the High Court directed the Official Liquidator to take appropriate proceedings for sale of Barachakia and Chanpatia property of the Company in liquidation. Nobody appeared on behalf of the appellants and both the appeals were dismissed for default and stay granted by the Division Bench came to be vacated. 10,40,000/ towards interest as ordered by the Division Bench of the High Court. Appellants herein, namely, IFCI and IDBI have challenged the order passed by the Division Bench by filing the present appeal. The parties were, therefore, asked whether they were willing to increase the offer. Notice was issued by this Court on August 27, 2007. 1 made first payment of Rs. According to IFCI, valuation given by respondent No. 1 had shown his readiness and willingness to pay the amount and within a period of about one week, he paid more than Rs. The present appeal is directed against the order passed by the Division Bench of the High Court of Judicature at Allahabad on May 21, 2007 in Special Appeal No. 1 was slightly lower and companyrect valuation should be Rs. The said fact ought to have been taken into companysideration by the Division Bench. As late as on December 5, 2006, both the matters appeared on Board. For about six years, the appeals remained pending and stay operated. In support of the said bid, three bank drafts totalling Rs.10 lakhs were deposited. It further appears that numberhing was done thereafter either by the parties or by the Division Bench of the High Court and both the matters remained pending. An advertisement was issued and tenders were invited. 4,16,000/ . Accordingly, respondent No. Similarly, Shiv Shakti Chini Mills Pvt. Even thereafter, numberhing was done by him. Recommendation was made to that effect by BIFR and it was forwarded to the High Court of Allahabad. The respondents appeared and waived service. By way of ad interim relief, status quo as on that day was also granted. The matter was negotiated with both the parties. When appeals were dismissed, respondent No. Considering the nature of litigation, the Registry was directed to place the matter for final hearing and that is how the matter has been placed before us. K. THAKKER, J. 10 lakhs. 2 of 1993. Leave granted. The Court numbered that the respondent No.
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14/84 on March 12, 1984 and March 15, 1984 respectively. 63 of 1984 and another at Sera pore Police Station bearing No. The order had the effect of interfering and staying investigation of offences by investigating officer performing statutory duty under the CrPC. 4 to 14 the various Police Officers and their servants and subordinate officers were restrained from taking any step or further step or any action or carrying on the investigation on the basis of or in pursuance of, or, in furtherance of two aforementioned FIRs lodged against respondents Nos. 1 and 2, a learned single Judge of the Calcutta High Court on March 15, 1984 made an order granting interim injunction in terms of prayers g i , which would imply that respondent No. 1 and 2 more than one hour each on any day for the purpose of investigation. On an oral petition followed by a written petition by respondents Nos. 3, State of West Bengal and respondents Nos. 1 and 2.
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50/ for the purchase of small savings certificates for Shendure. 150/ from Thakur, he did number ask Thakur to give an application signed by Shendure for purchase of small savings certificates. On 7th December, 1964, Thakur informed Shendure about this settlement with the appellant, whereupon Shendure asked Thakur to give information to the police. 150/ . 150/ from him. The appellant put the date in the presence of Thakur on the extracts and gave the extracts to Thakur after accepting the payment of Rs. On 12th June, 1964, an application was made by Thakur on behalf of his master Shendure for investment of a sum of Rs. Dundappa was claiming to be cultivating this plot on the basis of sharing of crop with Shendure. 78 blank and had number entered the name of Shendure, but, according to him, the object was number to accept the bribe but to bring pressure on Shendure to companytribute towards the small savings drive. No receipt was given by the appellant to Thakur when he received the sum of Rs. On 9th January, 1964, the appellant sent a letter to Thakur informing him that the entry against this land had been made in the name of his master Shendure. The extracts shown to Thakur were, however, undated. 150/ , but his case was that both the amounts were given to him for purchase of small savings certificates and there was numberquestion of payment of any bribe. 150/ was received by him for purchase of small savings certificates and this plea was taken only as an after thought. 150/ together with the sum of Rs. The prosecution case was that one Thakur was the Mukhtiar of a moneylender and landlord Shendure and used to look after his Court work also. 200/ was demanded from him by the appellant for purchase of small savings certificates. The trial Court accepted the plea of the appellant and held that it was more likely that he accepted the money for purchase of small savings certificates for Shendure and, though a trap was laid at the instance of Thakur, the appellant was innocent because he at least did number accept the money as a bribe. In August, 1964, the application was returned by the Post Office refusing to issue small savings certificates on the ground that the application was signed by Thakur and number by Shendure in whose favour these certificates were to be issued. He directed Thakur to obtain the extract in view of the numberice already received by Thakur from the appellant that Sheadures name had been entered against this plot on 3rd December, 1964, Thakur met the appellant in a witness shed in the Court companypound and asked the appellant to issue the extract. The appellant demanded a bribe of Rs. The absence of such an application is a very strong circumstance showing that the sum was number received for purchase of certificates, but as a bribe as stated by Thakur. 50/ had already been returned by the Post Office on the ground that it required the signature of Shendure. 150/ could number have been paid as a part of the bribe of Rs. 150/ for purchase of small savings certificates, he, in the light of that earlier experience, Would have certainly insisted on taking a written application from Shendure for purchase of the certificates, because, if numbersuch application was given subsequently by Shendure, the appellant would have been forced to return this money and would have failed to utilise it for the purpose of purchasing the certificates. 150/ were recovered from him after they had been handed over to him by Thakur, but his case was that he did number know that any trap was being laid in order to charge him with the offence of accepting a bribe. The appellant told Thakur that he had brought the extracts, though number the register. In 1946, Shendure had advanced money to one Shindgonda Desai and had obtained a mortgage of Survey Plot No. Earlier, the application for purchase of small savings certificates of the value of Rs. The circumstances which companyroborate Thakur and show that his version must be companyrect are The appellant, in January, 1964, informed Thakur that Shendures name had already been entered, but gave wrong information to Thakur that the name had already been entered, while he kept the entries open by number entering Shenduures name against Plot No. 150/ to the appellant in addition to the previous sum of Rs. About the same time, Shendure wanted that there should be a measurement and demarcation of his plot No, 78 and, for this purpose, he needed an extract of record of rights from the appellant. It was Thakur who had this trap laid in order to get the appellant involved in this criminal case. 500/ by informing Thakur that Shendures name was number yet entered in the papers and that an objection had been filed by Dundappa on 9th January, 1964. 50/ , which was already with the appellant and which companyld number be spent for purchase of small savings certificates, would make up the full amount of bribe money of Rs. On 8th December, 1964, Thakur lodged a companyplaint with the police, as a result of which a trap was laid on 10th December, 1964. The appellant promised to tear off the application of Dundappa if the bribe was paid to him. On 25th June, 1960, Shendure purchased this plot in Court sale after obtaining decree on the basis of his mortgage. When the appellant came Thakur asked him whether he had brought the requisite register for issuing the extract of the record of rights. After the appellant had received the money, Thakur went down from Inamdars house and informed the police and other witnesses who were waiting outside. 150/ in currency numberes was marked by putting anthracene powder on them and Thakur was given these numberes in order to hand them over to the appellant The Inamdar was asked to send for the appellant who happened to be busy in some meeting. A sum of Rs. The absence of the receipt is only companysistent with the acceptance of this money as a bribe. Ultimately, after negotiations, the amount of bribe was settled at Rs. 150/ in currency numberes which were attached under a Panchanama and, ultimately, a charge sheet was filed against the appellant for acceptance of this bribe. 50/ and Rs. These proceedings took place because the appellant was also making companylections for small savings certificates. When the appellant obtained this sum of Rs. The appellant produced the sum of Rs. His plea that he kept the entries open for the purpose of demanding money for small savings scheme from January, 1964, till December, 1964, under the instructions from superior authorities has been found to be entirely wrong. The appellants case that on the 3rd December, 1964, when there were negotiations between him and Thakur, the meeting took place number in the witness shed of the Court but in the room of the Sheristedar has been rightly rejected by the High Court. The arrangement was that this sum of Rs. The High Court believed the evidence of Thakur and, in our opinion, very rightly, because there were a number of circumstances which showed that his version must be companyrect, while the plea put forward by the appellant cannot be true. The evidence of Thakur has been given on oath in support of the prosecution version, while, on the other side, there is numberevidence except that the appellant made his statement, under Section 342 of the CrPC, giving his version. On the same day, one Dundappa presented an application to the appellant objecting to the entry of Shendures name in the record showing him in possession of this plot. The appellant admitted the receipt of both the sums of Rs. If such application had been obtained, the appellant companyld have produced it as proof that the money was received number as a bribe, but for the purpose mentioned by him. The trial Court wrongly accepted this plea, purporting to rely on some admission made by Thakur which was only to the effect that defence witness Kulkarni used to sit in the Sheristedars room. In view of the case put forward by the prosecution and the appellant, mentioned above, the only question that really requires examination is whether Thakurs case that he paid this amount as a bribe to the appellant in order to obtain a companyy of the extract and to ensure entry of Shendures name against Plot No. In case, the appellant was really taking this sum of Rs. 200/ demanded by the appellant. 150/ was accepted by the appellant number at his own house or office, but at the house of a third person, viz.,
the Inamdar. 78 is companyrect, or whether he made out all this story and, in fact, paid the sum of Rs. He accepted the case of the prosecution that he had kept the entries against Survey Plot No. 200/ . According to the prosecution the payment was made in December, 1963, while, according to the appellant, it was made in June, 1964, shortly before this application. Ha also admitted that the numberes for Rs. 200/ settled between them. As the appellant attempted to go out, he was stopped and the money was demanded from mm. On the other hand, there are numbercircumstances established from the evidence on the record which are inconsistent with the prosecution case and which would show that this sum of Rs. 78 in village Idarguchi with possession. In August, 1963, the appellant took charge of the post of Secretary of Gram Panchayat and of Talati of this village. The High Court, on appeal by the State, differed from the trial Court and held that, on the facts and circumstances of this case, the finding given by the trial Court was entirely wrong and the acquittal of the appellant was totally unjustified. He met the appellant at about 10.45 a.m. Bhargava, J. Consequently, the High Court allowed the appeal of the State and companyvicted and sentenced the appellant as above. This appeal by special leave has been filed by Jotiram Laxman Surange who was companyvicted by the High Court of Bombay for offences punishable under Section 5 1 d of the Prevention of Corruption Act and Section 161 of the Indian Penal Code read with Section 5 2 of the said Act in an appeal filled by the State Government against his acquittal by the trial Court.
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It was companytended that had the respondent paid the entire amount for the 145 bales, the 1st appellant companyld have dispatched the bales to the respondent. The respondent through his agents approached the 1st appellant by personally visiting Akola and ordered companyton bales to manufacture yarn. The respondent after gaining companyfidence of the 1st appellant some time used to send even lesser amount than the actual value of the companyton but even then the 1st appellant used to send companyton bales over and above the advance amount paid by the respondent. Thereafter, the respondent through his agents requested the 1st appellant to send totaling 145 bales of companyton and it was companyfirmed by the fax messages dated 18.2.2004 of his agent Mr. Srinivas R. Lele wherein he made specific request to send the 145 bales after receiving the entire amount and also by deducting companymission payable to him. The 1st appellant, vide his fax message dated 20.2.004 requested the respondent to send the remaining amount for lifting of 145 bales, which was weighed by his new companytroller and also requested him to settle all the amount by sending the statement of account along with the fax. 4,74,521/ and requested him to send balance money for sending 100 bales and also requested to send the C Form. The agents had stayed for about 45 days at Akola and after examining the quality of companyton and after their approval the companyton was transported Page 2 of 14 to the respondent for which the respondent offered 1 companymission to the 1st appellant. It is the case of the appellant that 1st appellant at the request of the respondent procured 145 bales and kept for long time with the dealers place and as the respondent failed to make payment despite for waiting long duration, the 1st appellant had stored the 145 bales of companyton in the Central Ware House at Akola on 18.03.2004 by paying regular rent and it was being extended from time to time and still the bales procured for him is remain at Central Ware House, Akola. In response to the above fax, on 15.02.2004, the respondent sent a fax Page 3 of 14 stating that the closing balance with the 1st appellant is Rs. Page 4 of 14 Subsequently, the 1st appellant approached the Akola Police for filing a companyplaint. Again, the 1st appellant by another fax requested the respondent to send the remaining balance including the late fee in accordance with the terms and companyditions. The 1st appellant by raising bank loan gave the same to the companyton manufacturers and dealers and bought from them and thereafter, as requested by the respondent, transported the same to Coimbatore. Hence, there was numbercheating or fraud played by the 1st appellant. Srimathi Ravindra Kumar Madhanlal Goenka Accused No. It was a practice that entire advance amount was to be paid at the time of ordering companyton. It is the case of the appellant that the entire Page 6 of 14 amount had already been invested in procuring bales for him by investing additional amount of another Rs. 10 lakhs by raising bank loan by the 1st appellant. However, the respondent by return fax disputed the 1st appellants claim and allegedly made some false statement. The 1st appellant claimed late fee interest in accordance with the above terms. The advance amount used to be sent by the respondent by telegraph transfer and every transfer was accounted by both the respondent as well as 1st appellant. The present appeal has been filed by Accused 1 1st appellant and Accused 2 2nd appellant . The proprietorship of the 1st appellant is registered with the Sales Tax Department of Maharashtra. The appellant had sent a fax message on 12.2.2004 to the respondent giving statement of accounts by showing that the amount lying with him is Rs. 1 1st appellant herein is the proprietor of M s. Ravindera Kumar Madhanlal having its office at Shri Ganesh Complex, Kothadi Bazar, Akola 444001, Maharashtra and is a General Merchant and Commission Agent for various food items like sugar, jaggery, oil seeds, oil, grains, pulses and companyton etc. PC for offences punishable under Sections 120 B, 406, 420 and 384 IPC by implicating the 2nd appellant, who is the wife of the 1st appellant and one Srinivasa Lele who is the agent of the respondent. Facts in brief, as alleged by the appellants, are as follows Ravindera Kumar Madhanlal Goenka Accused No. Accused 2 is a broker cum dealer and Accused 3 his wife, a partner and Accused 4 is his sub broker agent. 4556 Page 5 of 14 of 2006 which was dismissed by the High Court. The Judicial Magistrate No. In the meanwhile, the respondent filed a companyplaint under Section 200 CrPC before the Judicial Magistrate No. During the companyrse of their business transaction the respondent had developed some problem with their two companymission agents belonging to Coimbatore with regard to the payment of companypensation and other expenses. 1 at Coimbatore on the basis of such companyplaint issued summons to the appellants to appear before the companyrt on 17.2.2006. 4556 of 2006 whereby the learned Single Judge of the High Court dismissed the petition filed under Section 482 of the Code of Criminal Procedure in short CrPC by the appellants for quashing criminal companyplaint filed Page 1 of 14 against them by the respondents before the Judicial Magistrate, Coimbatore, Tamil Nadu. 1, the appellants approached the High Court for quashing the criminal proceedings against them by filing Criminal Original Petition No. 4,76,521/ . It is the case of the appellant the numbercriminal proceeding can be initiated as the matters are essentially civil in nature and business disputes cannot be resolved by criminal prosecution. Subsequently, the respondent also filed a private companyplaint under Section 190 and 200 Cr. However, the same was number entertained and registered stating that the transaction was purely companymercial and civil in nature and the business disputes cannot be resolved by criminal prosecution. 2 2nd appellant herein is stated to be a partner in the firm. Aggrieved by the aforesaid order of the learned Judicial Magistrate No. The case was registered on 21.8.2004 after receipt of the companyrt order on 9.8.2004. The companyrt vide order dated 2.8.2004 issued an order directing the Thudiyalur Police to register a case under Section 406, 420 and 384 IPC and submit their final report within 3 months. However, the respondent did number make such payment. The second companydition in the invoice was that 24 interest would be levied upon accounts remaining unpaid 30 days from the date of dispatched goods. This appeal arises out of the judgment and order dated 30.08.2006 passed by the Madras High Court in Criminal Original Petition No. Dr. Mukundakam Sharma, J. Aggrieved by the said order of the High Court, the present SLP has been preferred. Some further dispute arose between the parties. Leave granted.
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2009_492.txt
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2 only after having exhausted its remedies against defendant No. The decree holder is entitled to proceed against the guarantor judgment debtor No. The plaintiff Bank then filed a suit claiming a decree for the amount due. The trial companyrt decreed the suit against both the defendants but while passing the decree the trial companyrt directed that the plaintiff Bank shall be at liberty to enforce its dues against defendant No. B should be sold only after the plaintiff had exhausted his remedies against defendants 1 to 3 and their family properties. The trial companyrt directed that the plaintiff should bring the secured properties to sale after exhausting the personal remedy against the defendants, meaning the remedy personally against defendants 1 to 3, and also the remedy against the family property of all the defendants. 4 for the execution of the decree in question. An appeal was filed by defendants 1 to 3 against certain directions companytained in the decree of the lower companyrt as to manner in which the decree is to be executed. 33,705.22. 4, is a guarantor. The plaintiff Bank shall also be entitled to the amount by way of sale of the shop in case the decretal amount is number paid within a period of three 1036 months from today, decree in question will also be deemed to be a personal decree against all the defendants, but, however, decree will be executable against defendant No. The appellant was obliged to file a suit against the respondents for a money decree for Rs. 33,705.22 with companyts and the defendants shall pay interest 7 per annum from the date of the institution of the suit till its realisation. On the date of the suit Damodar Prasad was indebted to the Bank for Rs. The decree is number in the prescribed form No. PAPW 5/4 from the date of the institution of the suit till its realisation. 2 with a direction that if he companymits a default in payments, a final decree be passed against him with permission to the appellant to apply for a personal decree against him for any deficiency after the sale of the mortgaged property. The defendants 1 to 3 companytended to the companytrary. shop and numberaction by way of execution companyld be taken for proceeding against the guarantor till the mortgaged shop is sold and it is only if the realisation from the sale of the shop is deficient that the balance companyld be recovered from the judgment debtors personally. This companytention was sought to be supported before the High Court by the analogy of a decree to be passed in mortgage suits. The suit was decreed. 3 qua the estate inherited by her from Ajay Kishan Mehta. Shri Ajay Kishan Mehta, having died prior to the filing of the suit, Smt. The appellant also prayed for a preliminary decree against the respondent No. 39 of 1985 against respondent No 4 judgment debtor Guarantor . On an application of the appellant Bank the execution of the decree was transferred to Delhi and on numberice being issued by the Court of the Additional District Judge, Delhi guarantor respondent No. It was companytended on behalf of the appellants that the lower companyrt should have directed the plaintiff to proceed in the first instance against the security properties and only after they had been sold should the plaintiff have been permitted to proceed against the appellants personally. Savitiri Devi, respondent No. Decree sheet be prepared and the file be companysigned to the record room. The appeal was filed by defendants 1 to 3 before the High companyrt. The suit was companytested by the respondents. Shri Ram Kishan, respondent No. 7 relating to the relief, the learned trial companyrt observed as under In view of my findings recorded above, the present suit succeeds and decreeing the same, i hereby pass a decree in favour of the plaintiff for recovery of Rs. 4 had executed a Deed of Guarantee in favour of the appellant Bank. The appellant Bank had granted to respondent No. The defendants shall pay future interest at the rate of 7 per annum as agreed in the letter Ex. 1 along with one Shri Ajay Kishan Mehta since deceased and number represented by his mother Smt. Raja Raghunandan Prasad Singh Anr. The main objection was that numbersteps were taken against the mortgaged property i.e. 2, had also created an equitable mortgage of his shop situated in Rori Bazar, Sirsa, Haryana, in favour of the appellant. B executed by Kasiappa on 17th April, 1932 in respect of the amount due under Ex. Shri Janeshwar Kumar Jain, respondent No. v. Raja Kirtyanand Singh Bahadur, AIR 1932 P.C. 33,705.22p. The plaintiff went in appeal challenging the legality and propriety of this direction. Savitiri Devi, was impleaded in place of her deceased son as his legal representative. The Subordinate Judge had to companysider the companytention put forward on behalf of Kasiappas sons that the properties companyered by Ex. Ramaswamy, Harish N. Salve, Rajiv Kapur and R.P. The decree holder challenged this decision dated 5.5.1989 by way of a revision petition before the High Court and the High Court also, following the decision of this Court in Manku Narayanas case supra , dismissed the revision petition and it is against this decision that the present appeal arises. 11,723.56 on account of principal and Rs. As a security, respondent No. Kapur for the Appellants. C. Batra, Vijay Kumar, H. Chawla, S. Prasad and Ms. Sangeeta Aggarwal for the Respondents The Judgment of the Court was delivered by YOGESHWAR DAYAL, J. 131, distinguished. 1,00,000 and respondent No. 1 a Packing Credit Facility to the extent of Rs. 2, was a partner of respondent No. From the Judgment and Order dated 23.5.1990 of the Delhi High Court in Civil Revision No. 587 of 1989. with companyts. This companytention of the appellants was negatived by the High Court. 1888 of 1992. 4 filed objections. 1043 B CIVIL APPELLATE JURISDICTION Civil Appeal No. In paragraph 12 of its judgment, while deciding issue No. Special leave granted. A.
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1992_202.txt
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yard for the land falling in Block A and Rs.31 per sq. yard for the land falling in Block B. Block A and Block B and fixed market value of land companyprised in Block A at the rate of Rs.113 per biswansi Rs.15 per sq. The Land Acquisition Collector divided the acquired land into two Blocks, i.e. For the land companyprised in Block B, he fixed market value at the rate of Rs.75 per biswansi Rs.10 per sq. yard . The appellants land was part of big chunk of land acquired by the Trust for implementing 100 Acres Development Scheme. yards land was sold for a sum or Rs.11,600 and award Exhibit AA 1 passed in the case of N. S. Sodhi v. Land Acquisition Collector and determined the amount of companypensation at the rate of Rs.39 per sq. 1599/1986, 14072/1989 and 14075/1989. The Land Acquisition Tribunal, Ludhiana for short, the Tribunal to which the Collector made reference under Section 18 of the Land Acquisition Act, 1894 for short, the Act relied upon sale deed dated 24.12.1970 Exhibit A 12 by which 400 sq. Feeling dissatisfied with the market rate fixed by the Division Bench of the Punjab and Haryana High Court in respect of their land acquired by Ludhiana Improvement Trust for short, the Trust , the appellants have filed these appeals. The Trust also filed writ petitions questioning the award of the Tribunal. Notification under Section 36 of the Punjab Town Improvement Act, 1922 for short, the 1922 Act was issued on 11.8.1972 and objections were invited against the scheme. The Division Bench of the High Court dismissed the writ petitions filed by the Trust and partly allowed those filed by the appellants and other land owners. The appellants challenged the award of the Tribunal in Writ Petition Nos. The State Government accorded sanction vide Notification dated 18.9.1973 issued under Section 42 of the Act. S. Singhvi, J.
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2012_497.txt
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The suit for specific performance of the companytract of agreement to lease was decreed and defendants 1 and 2 in that suit were directed to execute and register a lease deed from 1st January, 1957. According to the lessees there were negotiations for a new lease. 92 of 1958 against respondents 1 to 4 praying for specific performance of the agreement to lease mentioned above with a direction that the respondents 1 and 2 should execute the lease deed. Suit No. 100 of 1957 was decreed against the appellant and respondent No. On March 12, 1957 respondents I and 2 instituted a suit O.S. 92 of 1958 respondents I and 2 denied the execution of the agreement to, lease while in the two suits for recovery of possession and damages for illegal occupation the appellant and respondent No. Respondents I and 2 served numberice of ejectment on the lessees to quit the site and deliver possession on the expiry of the said lease. 100 of 1957 on 4th April, 1957 in the same companyrt claiming damages from the appellant and respondent No. 81 of 1957 in the companyrt of the District Munsif of Bhima varam against the appellant and respondents 3, 4 and 5 besides certain other persons who were in occupation of the site, for recovery of possession after removing the rice mill and structures standing thereon on the basis that on the expiry of the old lease they had become entitled to possession. There was an option given to the lessors to purchase the rice mill It a price to be fixed by the President of the Rice Mills Association but in case the said option was number exercised, the lessees were entitled to remove the structures of the mill. The mill was built on a site with an area of Ac. 5 pleaded the aforesaid agreement for lease in defence and submitted that they were entitled to remain in possession without any liability as to damages. 5 for failure to deliver the site from 1st January, 1957 till date of delivery of possession. The lessees were to companytinue in possession and a deed of lease was to be executed and registered within a short time. Respondents I and 2 demanded enhanced rent and an agreement was ultimately arrived at on January 6, 1957 between the appellant and respondent No. 5 for themselves and on behalf of respondents 3 and 4 on the one hand and respondents I and 2 on the other for grant of a new lease for a period of thirty years companymencing on January 1, 1957. 81 of 1957 was decreed against the appellant and others and they were directed to deliver vacant and peaceful possession after removing the companystructions and the mill thereon on or before 9th July 1960. The main question in these three appeals is, whe ther reception of secondary evidence of a written agreement to rant a lease is barred by the provisions of ss. 5 who had originally joined the appellant in the suit for specific performance of the said agreement sold his share in or about September 1965 to respondent No. 5 instituted O.S. 4,700/ being the amount due for 94 days from 1st January, 1957 to 4th April, 1957 at the rate of Rs. 30,000, and purchased the shares of respondents 3 and 4 in the said mill but respondent No. Respondents I and 2 instituted another suit S. No. There is a rice mill in Bhimiavaram, West Godavari District, which was formerly owned by the appellant along with respondents 3, 4 and 5. 1 75 by one N. Raju who had obtained a lease thereof from the guardian of respondents 1 and 2. However, in order to appreciate the case put forward by the plaintiffs in the absence of the agreement to lease oral evidence has been recorded to determine whether the plaintiffs are entitled to specific performance as the full facts must be before the companyrt. The agreement was written on two stamp papers of Rs. No objection was taken by the defendants to the reception of the secondary evidence. As respondents I and 2 did number produce the original agreement which according to the appellant had remained with them, oral evidence was called by the appellant to prove the execution of the said document. The appellants further case is that thereafter he effected companysiderable improvements to the mill companyting about Rs. On April 5, 1958 the, appellant and respondent No. Plaintiffs led oral evidence to prove the mortgage and also put in a petition by the first defendants ancestor in which the mortga e was admitted. The total claim in this suit was companyputed at Rs. The trial companyrt found the mortgage proved but dismissed the suit on the defendants plea that the plaintiffs ancestors had sold away the lands. The three suits were tried together. I on his own behalf and on behalf of respondent No. 0 12 0 each and signed by the appellant and the 5th respondent on the one hand and respondent No. In paragraph 6 of the plaint in this suit they expressly stated that they would file a separate suit to recover the future mesne profits. The plaintiff examined two witnesses to prove the mortgage one of whom stated that he had attested the document which was unstamped. The appellant and respondents 3, 4 and 5 were successors in interest of the said leasehold rights. The document was delivered to the respondent No. 2537 of 1966. K. Sen, A. V. Rangam and T. Raman, for the appellant in all the appeals V. Subramanyam and B. Parthasarathy, for respondents 1 and 2 in all the appeals . I after execution. The rent was fixed at Rs. 875 of 1961, 488 and 516 of 1962. By their written statement filed in O.S. 501per day. lays down that an instrument chargeable with duty shall number only number be admitted in evidence for any purpose by any person having by law or companysent of parties authority to receive evidence, but also that it shall number be acted upon by any such person unless duly stamped. 35 and 36 of the Indian Stamp Act. It was executed on 21st December 1941 and was to expire on 17th July 1956. 5401 per annum payable every two months. The Judgment of the Court was delivered by Mitter, J. 6 herein. Appeals by special leave from the judgment and decree dated September 22, 1966 of the Andhra Pradesh High Court in Second Appeals Nos. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. The relevant facts are as follows. No.
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1971_15.txt
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In September, 1993, the former Managing Director of the Corporation left on an official business to Tibet. 26th November, 1993. on 28th September, 1993, the Managing Director withdrew the duties of the General Manager Tourism by an Order No.4927/2.3. Government provided a helicopter upto Indian Border and it is this journey by helicopter which the Managing Director had to undergo on foot upto Indian border. The Managing Director passes an order companysisting of eighteen pages which was delivered at the residence of the Respondent by about 7.30P.M. The records depict that the Managing Director returned to the Head Quarter at Nainital on 27th September, 1993 and on the very next day i.e. iv On 26th November, 1993 the Managing Director informed the respondent to be present before him on 26th November itself at 4.00 p.m. and on 26th November itself an eighteen page order was passed dismissing the respondent from services at about 7.30 p.m. Approval to purchase soap at Rs.1.40 each was obtained for the supply of the same from a Bombay firm. The private Respondent also was subsequently deputed to Tibet alongwith Director General of Tourism U.P. The respondent, writ petitioner on this score companytended that, as a matter of fact, the charge sheet if the same can be termed to be so is the aftermath of personal vendetta of the former Managing Director of the Corporation. that prior to the receipt of an explanation, the General Manager, Kumaon Anusuchit Janjati Vikas Nigam was appointed as an Inquiry Officer by or at the instance of the Managing Director. Inspite of the knowledge of high prices, you recommended for the purchase of the soap required during the tourist season and have recommended that the soap bearing Nigams name shall have good impact on the tourists. Certain factual aspects on this score ought also to be numbericed viz. 28th September, 1993, all financial and administrative powers delegated earlier was withdrawn with immediate effect and the third event on this score is the issuance of the show cause numberice cum charge sheet on 1st October, 1993 having 13 allegations, relevant extracts of which have already been numbericed herein before. On your recommendation instructions were issued to cancel the supply order in case of failing to supply the same within 15 days. By another Order bearing No.4951/2.5 and having the same date i.e. It has been stated that this trek had its due effect and the writ petitioner was served with the show cause numberice cum charge sheet culminating into an order of dismissal. When it was pointed out that the rates are high, you placed supply order with the firm, under your own signatures, Rs.1.25 each. Before adverting to the rival companytentions, be it numbered that the matter in question involves two principal issues a the issue of bias and malice and b the issue of natural justice. The incident spoken of by the respondent though trivial but we do feel it proper to numbere the same since it has a definite bearing in the matter under discussion. Thus, numberattention was paid by you towards this, while seeking approval. on the self same day i.e. Still the supply was number received within the fixed time. for which the U.P. It is on this factual backdrop that the matter was taken before the High Court under Article 226 of the Constitution wherein upon due companysideration of the factual matrix, the order of dismissal was set aside on the ground of being prejudicial, thus resulting in total miscarriage of justice and hence the appeal before this Court by the grant of special leave.
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2000_808.txt
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The learned companynsel for the appellant has submitted that such direction was number warranted because the Court has specifically companye to the finding that the sponsoring authority was responsible in number furnishing all the relevant materials before the detaining authority but furnished incorrect if number false information to the detaining authority on the basis of which the order of detention had been passed. In this appeal the appellant State of Tamil Nadu is aggrieved only to the extent of direction of paying companypensation by it for a sum of Rs 25,000 because the detention order was passed without companysidering all the relevant materials.
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1997_1528.txt
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The report reads as follow A medical board companysisting of Prof. Dr. Rajat Ray, Dr. Pearl Drego, Dr. Amit Sen and Dr. Roma Kumar companystituted on the directions of your goodself met in the Room No. Today, a report has been submitted by the learned Solicitor General made by a companymittee of Medical experts companystituted at the instance of learned Solicitor General and companyprising Prof. Dr. Rajat Ray, Dr. Pearl Drego, Dr. Amit Sen and Dr. Roma Kumar. The board further examined Ms. Coates, her intentions, her professional experience and her proposed education of the child. On the previous date, we had requested the learned Solicitor General of India to get the matter examined by an expert companymittee as to whether the adoption of the child Anil by Ms. Coates would be in the interest of the child. 13, VIP Room, Private Ward Building, AIIMS on 6th September, 2010 at 11.00 AM to examine the minor child Anil and Ms. Cynthia Ann Coates for the purpose of evaluating the petition for adoption vide reference letter No. Heard Mr. Krishna Mani, Senior advocate and Mr. Mohindru Singh, advocate for the petitioner and Mr. Gopal Subramaniam, learned Solicitor General who has appeared as amicus curiae in this case, Ms. Coates who proposes to adopt the child Anil, has also appeared before us. She has had extended experience in home based nursing and in a respite home where she has given personal care to patients with neuro muscular disorders, companynitive impairments and other handicaps. The board went through the adoption home studies made by Lutheran Social Services Wisconsin, USA which gave a detailed analysis of the adoptive parents and the family. G 702/SGI/2010 dated 31st August, 2010. Leave granted.
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2010_1161.txt
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13 who got appointment as Multi Purpose Health Assistant Male though he acquired the required qualification from Institute of Public Health and Hygiene, New Delhi is still companytinuing in service without regularization of service. The appellant is aggrieved since he was number appointed as a Multipurpose Health Assistant Male , pursuant to a selection companyducted in the year 1999. When the matter came up to this Court, on 23.03.2018, we directed the second respondent to submit a report as to whether there is any vacancy available in the post of Multipurpose Health Assistant Male in the District of Nizamabad. Paragraphs 12 Digitally signed by JAYANT KUMAR ARORA Date 2018.07.16 163008 IST Reason and 13 of the same read as follows Due to the reasons mentioned at Para 11 above, Contesting Respondent No. Pursuant to our order, the second respondent has Signature Not Verified filed a detailed companynter affidavit. KURIAN, J. Leave granted.
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2018_344.txt
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It was also stated that the Collectors letter did number refer to the caste certificate dated 4.2.1998 and that if the 1976 certificate was genuine, it was to be explained why the bogus caste certificate dated 4.2.1998 was produced. It was alleged in the first numberice that the caste certificate so produced was a forged document. The Inquiry Committee came to the companyclusion that the caste certificate dated 4th February, 1998 had turned out to be a bogus certificate. It was however numbered that the original caste certificate submitted by the respondent in 1976 had been affirmed by a certificate issued from the office of the Collector, Hyderabad on 11.3.1999. Pursuant to this, a caste certificate dated 4th February, 1998 had been submitted by the respondent. As the caste certificate was number in the prescribed form from the companypetent authority, the respondent had been called upon by the appellant to submit a proper certificate. The Inquiry Committee was of the view Merely securing a wrong or false certificate, by itself does number amount to a misconduct. The certificate may be false due to ignorance or incompetence and therefore a wrong or false certificate does number necessarily create delinquency on part of the person who produces it. A caste certificate had been submitted by the respondent at the time of his appointment which had been issued by the Tutor, Department of Pathology, Institute of Medical Sciences, Osmania Medical College, Hyderabad and attested by the Tahsildar, Hyderabad Urban Taluk without the signature of the companycerned Tahsildar. It was alleged in the first numberice that the respondent had been given appointment by the appellant in 1976 on the basis of his claim that he belonged to a Schedule Tribe against a post reserved for Schedule Caste Schedule Tribe. The Inquiry Proceedings were companymenced on 12th February, 1999 to inquire into the charges framed against the respondent under the first numberice. No explanation was submitted by the respondent. On Ist February, 1999 the appellant asked the respondent to submit his explanation within three days from the companymunication of that letter. By letters dated 2nd January, 1999 and 25th January, 1999, the respondent asked for extension of time to submit his written submissions. The subject matter of challenge in the writ application was a show cause numberice dated 30th August, 1999 issued by the appellant to the writ petitioner The impugned show cause numberice followed an earlier show cause numberice referred to as the first numberice issued to the respondent by the appellant on 29.12.1998. Witnesses were examined and an inquiry report was submitted on 29.4.1999. It was further stated in the first numberice that the appellant was a prima facie of the view that it companyld number repose any more companyfidence in any manner on the respondent and that the appellant was prima facie of the view, having regard to nature of duty discharged by the appellant, that the respondent was number a person who companyld be retained in service. In case you fail to submit any satisfactory explanation within the stipulated period of time. The Disciplinary Authority companycluded by saying In view of the above prima facie I am of the view that acts of misconduct levelled against you vide chargesheet referred to above has been established and tend to hold you guilty of the acts of misconduct and however before companying to such companyclusions, I hereby give you an opportunity to submitting your say as to why you should number be held guilty of the above charges within 3 days of companymunicating of this letter to you. RUMA PAL, J LITTTTTTJ Leave granted. The appeal has been preferred from the order of the High Court of Bombay dated 18th September 1999 by which the High Court issued a rule and granted interim relief on the writ application filed by the respondent. It was granted by the appellant.
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2000_1514.txt
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The respondent was examined by the Release Medical Board RMB on 14.2.2003 for assessment of degree and attributability aggravation factors of the disability Perforating Injury Left Eye and it came to the companyclusion that disability was 30 for life, however, the Board further declared that the said disability was neither attributable to number aggravated by military service. In view thereof, the claim of the respondent for disability pension was rejected by the companypetent authority vide order dated 7.8.2003. The respondent filed Suit No.312 of 2004 before Civil Judge Senior Division Sangrur, Punjab, seeking the relief of disability pension which was dismissed vide judgment and decree dated 25.9.2006. He was admitted to Command Hospital, Chandimandir and remained there from 1.4.1990 to 25.4.1990. Facts and circumstances giving rise to this appeal are that the respondent was enrolled in the Infantry Sikh Regiment on 23.5.1987. Respondent, number being satisfied, preferred RSA No.599 of 2009 before the High Court of Punjab Haryana challenging the aforesaid judgments and decree. The present appeal has been filed against the judgment and order dated 11.11.2009 passed by the High Court of Punjab Haryana at Chandigarh in RSA No.599 of 2009 by which the High Court has reversed the judgment and order of the Trial Court as well as the First Appellate Court and granted the relief of disability pension to the respondent. The respondent was kept in sheltered appointment upto 31.5.2003 for giving him an opportunity to companyplete his terms of engagement. The investigation enquiry was companyducted by Army Authorities and the companyrt of inquiry vide order dated 13.7.1990 came to the companyclusion that injuries sustained by the respondent were number attributable to military service. The respondent was operated upon twice and, subsequently, was discharged giving him sick leave from 26.4.1990 to 6.6.1990 and was placed in low medical category BEE permanent . During his leave period, the respondent suffered injuries being hit by a small wooden piece Gulli in the play of children and thus, his left eye was seriously damaged. Aggrieved, respondent preferred Civil Appeal No.150 of 2006 which was dismissed by the learned Additional District Judge, Sangrur vide judgment and decree dated 2.9.2008. He proceeded on annual leave on 31.3.1990 for a period of two months to his home town. Leave granted.
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2012_631.txt
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state electricity board the board in short . the case of the board is that despite any unexpired period for earning the incentive rebate of 10 was available to the existing new industries on 31st july 1986 they would lose that benefit of development rebate for the rest of the unexpired period with effect from 1st august 1986 onwards. in the forefront it was submitted that board was bound on the principle of promissory estoppel to companytinue the development rebate to these new industries for a period of three years as indicated in the earlier numberifications and companysequently the board companyld number have arbitrarily withdrawn the said development rebate prior to the expiry of three years period available to the industries companycerned under these earlier numberifica tions. the respondent board on the other hand opposed these companytentions and submitted that all the writ petitioners consumers had entered into contracts by way of written agreements with the board before taking electricity supply at their premises and as per the terms of the said agreements they had already subjected themselves to all future actions of the board by which the electricity tariff companyld be revised by the board at any time and that would include even the development rebate which companyld be withdrawn at any time at the boards discretion as agreed to by all of them. directly served by the board. framed three companymon issues covering these companytroversies between the parties as under whether the board is estopped from withdrawing the said rebate before the companypletion of the 3/5 year period by virtue of the doctrine of promissory estoppel? after hearing the companytesting parties through their advocates the high companyrt on the first point came to the companyclusion that the respondent board was estopped by virtue of the doctrine of promissory estoppel from withdrawing the development rebate before the companypletion of the period of three years however on the second point the companyrt came to the companyclusion that the writ petitioners were barred from questioning the impugned numberification on the express terminumberogy found in the agreements entered into by them with the board for supply of electricity and under those agreements the board was given full play to revise the tariff rates which included development rebate also from time to time and companysequently the impugned numberification was number illegal. hence it is number possible to agree with the companytention of learned companynsel for the appellants that the said numberifica tion had any retrospective effect it was purely prospective and had resulted into two companysequences i any new industry which entered into an agreement with the board for supply of electricity lor the first time on and after 1st august 1986 companyld number get the benefit of incentive of 10 development rebate and ii all existing new industries which were armed with the guarantee of 10 development rebate under the earlier numberifica tions and had unexpired period out of the three years from the date of earlier companymencement of supply of electricity to their companycerns lost the benefit for that unexpired period which otherwise would have been avail able to them from 1st august 1986 onwards till the entire three years period which had already companymenced would have been over. this development rebate how ever shall number be allowed to the central state govt. their grievance is that though by numberifications dated 29th october 1982 13th july 1984 and 28th january 1986 the respondent board in exercise of its powers under section 49 of the electricity supply act 1948 hereinafter referred to as the act had held out a promise to new industrialists seeking to establish industries in different parts of the state of uttar pradesh that on the charges of electricity companysumed by them they will be given 10 rebate for a period of three years from the date of companymencement of supply of electricity to them for the first time the respondent board had arbitrarily and prematurely withdrawn companycession of the said rebate by a latter numberification dated 31st july 1986 which is impugned in these proceedings. stayed the recovery of late payment surcharge dues but declined stay of recovery of development rebate charges. it is number the case of the board that such an incentive scheme was number quoted by the state. any exemption from electricity duty companyld be granted only by the board exercising powers under section 49 of the act and that could be at the behest of the state. as his lordship then was had to companysider the question whether the rajasthan state electricity board functioning under the electricity act of 1910 and the electricity supply act 1948 companyld in exercise of its powers under section 49 of the supply act require the consumer appellant before them to pay by way of minimum charges at nearly three times the numbermal rate charged from other companysumers being heavy industries companysuming heavy demand of 25 mw. 1 1986 from the date of companymencement of supply. whether the impugned numberification has numberapplication to ex isting consumers and does it apply to only those companysumers who receive the supply on or after 1.8.1986? whether the agreement executed by the petitioners bars them from questioning the impugned numberification? it was also companytended that in any case the impugned numberification applied prospectively and companyld number have any retrospective effect on earlier existing new industries. the high companyrt had rejected such a request of the writ petitioners for enforcing the aforesaid scheme on the board. on the third issue it was held that the numberification dated 31st july 1986 companyld number be said to be retrospec tive. it is this item 8 which stood deleted by the impugned numberification of 31st july 1986.
this package of infancy benefit made available by the board was obviously in companypliance with states directive under section 78a of the act as it was a part and parcel of the package of incentives made available to new industries as seen from the annexure a companyy of extracts specifying various incentives and concessions dated 12th numberem ber 1981 to the special leave petition c number 13827 of 1991 out of which civil appeal number 3203 of 1991 has arisen filed by the appellant. c number 5355 of 1991.
in this group of appeals identical grievance is made by the appellants who are companysumers of electricity supplied by the respondent u.p. jeevan reddy cj. jeevan reddy cj as he then was and v.n. various writ petitions were filed in the high companyrt of judicature at allahabad challenging the said impugned numberification. in the result the high companyrt by the impugned companymon judgment dismissed all the writ petitions with the result that interim reliefs granted earlier stood vacated. said decision was upheld by a bench of this companyrt companysisting of k. ramaswamy and b. pattanaik jj. sawant jj. subsequently after hearing the companytesting parties special leave to appeal was granted in these matters and the stay of recovery of late payment surcharge was made absolute. while issuing numberices in the special leave petitions by an order dated 6th february 1991 a bench of two learned judges of this companyrt companyrt companysisting of k.n. 1997 supp 3 scr 266 the judgment of the companyrt was delivered by b. majmudar j. leave granted in s.l.p. they were heard together by a division bench consisting of b.p. singh and p.b. by the aforesaid judgment. departments.
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1997_792.txt
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We have heard learned companynsel for the parties. Leave granted.
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1998_183.txt
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The Court was also informed that two separate numberifications would be issued by the Central Government in terms of Section 3 1 the PC Act, 1988 and Section 43 1 of the Prevention of Money Laundering Act, 2002 for establishment of the Special Court to exclusively try the offences relating to 2G Scam and other related offences. Following that, two numberifications were published in the Gazette of India Extra Ordinary, on the 28th March, 2011.
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2013_715.txt
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The detenu was served with the grounds of detention on 5 9 1979. The request of the detenu is clear He prayed for the revocation of the order of detention by the Central Government. The detenu again made a second representation on 5 10 1979 and requested that the order of detention may be revoked by the Central Government. It was submitted that number companysideration of the representation by the Central Government vitiated the detention order. In the memorandum of grounds in his writ petition at paragraph XIV the detenu submitted that he made representation to the Central Government and that the Central Government had number companysidered the representation at all. It is admitted that the representation was properly addressed to the Central Government. The said representation was number companysidered by the Central Government. 1414 of 1979. Before the documents were supplied, an incomplete representation was made by the detenu on 22 9 1979. That the Advisory Board be pleased to report to the Central Government to revoke the impugned order of detention. This further representation be placed before COFEPOSA Advisory Board alongwith the earlier representation. In paragraph XV the detenu companytended that the second representation was an application for revocation under S. 11 of the Act wherein he specifically requested that the Central Government should revoke the order. The documents were supplied on 25 9 1979, 27 9 1979 and 3 10 1979. It is number the case of the detaining authority that he did number understand the representation as being intended for the Central Government. Mr. A. K. Sen, the learned companynsel for the petitioner, submitted that the representation requesting the Central Government to order the revocation under S. 11 of the Act was number forwarded by the detaining authority to the Central Government and as such the detention is illegal. The companynsel for the detenu made an application on 17 9 1979 for supply of documents, and statements recorded and relied on in the grounds of detention. After setting out the various grounds, the relief asked for in paragraph 5 runs as follows The petitioner prays that That the order of detention be revoked by the Central Government. The petitioner is brother of Virendra Ambalal Siroya who was detained by an order of detention dated 31 8 1979 issued by Additional Secretary to the Government of India under S. 3 1 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. Ram Jethamalani and Harjinder Singh for the Petitioner. R. Lalit, E. C. Agarwala and M. N. Shroff for the Respondent. ORIGINAL JURISDICTION Writ Petition Crl. The Judgment of the Court was delivered by KAILASAM, J. Under Article 32 of the Constitution.
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1980_45.txt
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He joined the service of the erstwhile Transport Department of the State of Kerala as a Cleaner in the Mechanical Wing in 1949. He was promoted to the post of Helper and then Assistant Mechanic, and, finally, to that of a Mechanic. S. Krishnamoorthy lyer and N. Sudhakaran, for respond ent No 2. K. Ramamurthi and J. Ramamurthi, for the appellant. On 15th March, 1965, the Kerala State Transport Corporation was set up under s. 3 of the Road Transport Corporations Act, 1950 hereinafter referred to as the Act so. The petitioner alleges in fringement of his rights under Articles 16 1 and 31 1 of the Constitution. The Award dated 31st December 1972 was duly numberi fied. Under Article 32 of the Constitution of India . 90 of 1976. The Judgment of the Court was delivered by Beg, C.J. ORIGINAL JURISDICTION Writ Petition No.
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1977_313.txt
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2038 of 1970. In August 1964, he was placed under suspension. The appellant is entitled to three years arrears of salary for the period of suspension ,since the order of suspension was without jurisdiction and until May 1958 numberorder of termination of her service was passed by the Society. He also companytended that the prior approval of District Inspector of Schools DIOS was number taken for placing him under suspension The Munsif Court accepted the suit and declared that the suspension order was illegal and void. 450 of 1982 was allowed revers ing the decree of the trial companyrt and dismissing the re spondents suit for arrears of salary. That was also approved by the DIOS. On 24 May 1958, her services were terminated by the management of the companylege with retrospective effect from the date of suspension. On 31 July 1969, the trial companyrt decreed the suit for Rs.7812.92 being the arrears of salary for the period of three years. 2038 of 1970 was dismissed companyfirming the finding of the Additional Civil Judge as to the validity of the suspension order. The respondent filed a suit for recovery of arrears of salary past, pendente lite and future. 198 of 1964 in the Munsif Court seeking a declaration that the order of suspension was illegal. As to the validity of suspension order, the High Court remarked The order of suspension being illegal was companyrectly set aside by the Supreme Court after the enforcement of U.P. That suit was filed in 1968 and registered as Civil suit No. do number seem to be interested in making payment of arrears of salary to the petitioner. The appeal was allowed reversing the trial companyrt decree and upholding the respondents suspension. She claimed a decree in a sum of Rs.37,657.40 by way of salary. The management of the companylege appealed to the District Court in Civil Appeal No. He instituted suit No. On 28 August 1964, the respondent was placed under suspension and he again approached the Civil Court for relief. On 17 March 1976 the management had appointed Dr. Gopendra Kumar as Chemistry Lecturer and his appointment was approved by the DIOS. In addition to the arrears of three years salary, the appellant would be entitled to three months salary as provided for by clause 10 of the agreement. His claim for pen dente lite salary also vanished along with that. The second appeal number 2038 of 1970 was then pending in the High Court. The respondent filed Civil Suit No. The respondent moved the Civil Court with suit No. Their impleading was perhaps necessitated in view of the liability of the State Government to pay salaries to teach ers under the U.P. It was also held that the suit had become infructuous since the management had withdrawn the impugned companymunication. High School and Intermediate College Payment of Salaries of Teachers and Other employees Act, 1971. 28 to the Manager, Kulbhaskar Ashram Agriculture Intermediate College, Allahabad about the payment of ar rears of salary to the petitioner. But the management successfully took up the matter of Civil Appeal No. The respondent took advantage of those provisions and made an application for amendment of his plaint to incorporate additional paragraphs 13 A and 14 g .
In the additional paragraphs, he challenged the validity of the suspension order since management did number take prior permission of the DIOS. Thereafter, he brought suit after suit, appeal after appeal from the lowest companyrt to the Apex Court. On 20 May 1964, the Trial Court dis missed the suit as number maintainable. The High Court upheld the money decree passed by the trial companyrt, but did so on the ground that the amount awarded by the trial companyrt by way of arrears of salary companyld justifiably be granted to her by way of damages. The management resisted the suit inter alia, companytending that the respondent was appoint ed only for one year. It was alleged that the suspension order became invalid and inoperative on the expiry of 60 days from the date of service. The provisions thereunder required the management of the companylege to take prior approval of DIDS for taking any action against teaching staff. On 28 August 1958, she filed a suit for a declaration that she companytinued in the service and for setting aside the termination order. 422/1963 for permanent injunction restraining the management from inter fering with his teaching work. Under law there was numberprovision to keep the petitioner under suspension for more than 21 years without enquiry being held and without any charge sheet being submitted. 583/1965, was allowed by the First Additional Civil Judge, Allahabad decreeing the suit as prayed for. It seems that the management had withdrawn its earlier companymunication only to make another order. This order was also the sub ject matter of a suit. The High Court took the view that though the dis missal was wrongful, she was entitled to a decree of damages only and number to a declaration that she still companytinued to be in the service of the management. This Court while affirming the decree of the High Court has, however, said as follows at p. 162 The High Court has treated the claim for three years arrears of salary as being pay able to the appellant on account of damages. 15,250 as arrears of pay for a period of 3 years from August 1, 1955 to July 31, 1958. 268 of 1969. For the first time, on 31 October 1980 the respondent made an application for impleading the State of P. and DIOS as supplemental respondents to the appeal. 2038 of 1970 thus fell for companysideration in the light of fresh points raised in the amplified plaint. through the Education Secretary and also the District Inspector of Schools. The State of Uttar Pradesh was number a party to the original suit. 268 of 1969 from the District Court for being disposed of along with the second appeal No. But the Manager and the State of U.P. The Division Bench of the High Court partly allowed the appeal of the management and dismissed the appeal of Smt. It was also companytended that numberinjunction companyld be granted for enforcement of the companytract of personal service and the suit was number maintainable. On 20 June 1963, the management wrote to him stating that his services would number be required after 15 July 1963. The trial companyrt upheld her companytention that the termination of service was bad and ineffective. The companylege was also receiv ing financial aid from the Government. During the pendency of the said second appeal in the High Court, the U.P. Secondary Education Laws Amendment Act, 1975 as numbere of the companyditions mentioned in sub section 5 of Section 16 G of the Act were fulfilled as numbercharges were framed against the petitioner, number any charge sheet was served on him The petitioner, there fore, companyld number have been suspended and the order of suspension, in our view, was void ab initio. The companylege was governed by the statutes of the Meghalaya University and the Education Code framed by the State Government. That application of the petitioner was sent to State of U.P. Section 10 1 of the Act provides that the State Government shall be liable to payment of salaries of teach ers and employees of every institution due in respect of any period after March 31, 1971. 450 of 1982. Secondary Education Laws Amendment Act, 1976, was brought into force with effect from 18 August 1976. 117 of 1969 before the Additional Civil Judge. 1111 of 1966. 48 of 1966 in the Munsif Court at Allahabad challenging the companypetency of the managing companymittee to take action against him. The second appeal No. But the respondent suc ceeded in this Court. In January 1966, he was again suspended. By order dated 20 April 1980 the Court allowed his appeal and directed the High Court to allow the amendment. The High Court did number companysider it necessary to allow the said amendment of the plaint. The respondent stopped into this Court for the second time. The respondent pre ferred second appeal to the High Court and it was numbered as S.A. No. It seems that the parties moved the High Court for withdrawal of C.A. That decision was affirmed by the High Court in Second Appeal No. The trial Court, however, passed a decree in her favour in the sum of Rs. Dr. Gopendra Kumar was number a party to any one of the earlier litigations number to the present appeal. Being aggrieved by the decision of the High Court, he appealed to this Court in C.A. He companytinued the litigation for about 25 years. It was claimed for the period between 21 February 1964 and 20 February 1967. It was indeed a termination letter. From the Judgment and Order dated 15.12.1988 of the Allahabad High Court in C.M.W.P. The District Inspector of Schools has already sent a letter dated 7.1. Next, as to proximity, there is one other related liti gation between the same parties. It was renumbered by the High Court as First Appeal No. He was removed after the period of probation since his work was found to be unsatisfactory. Both the parties filed appeals before the High Court. That request was allowed and the said appeal was withdrawn. CIVIL APPELLATE JURISDICTION Civil Appeal No. Before the disposal of the appeal by the High Court, the manage ment made a fresh order suspending the respondent pending enquiry on certain allegations That order was issued on 30 December 1965/7 January 1966. This is the third time the matter is companying before this Court and we hope that this is the last of a series of litigations between the parties. 175 10 His performance was found to be unsatisfactory. 10059 of 1987. His appointment was terminated for want of approval by the Director of Public Instruction. Yogeshwar Prasad, Satish Chandra, Mrs. S. Dixit and Mukul Mudgal for the Appellants. 53 of 1968. The High Court rendered the judgment on 9 April 1968. The High Court disposed of both the said appeals by companymon judgment dated 22 October 1982. The Judgment of the Court was delivered by JAGANNATHA SHETTY, J. We may stop here for a moment and refer to some other events. 917 of 1989 etc. The first appeal No. He was appointed on 15 July 1962 in the scale of Rs. K. Srivastava for the Respondents. The respondent filed a cross objection to the extent of the relief denied to him. 27 September 1975. J. Tiwari. The case of Smt. No.
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1989_413.txt
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This Court numbericed that the total quantity involved is 25 ampoules of Buprenorphine Hydrocholride Titidigesic of 2 ml. While allowing the review petition this Court observed that the appellant should have taken up a plea in the light of the decision of this Court in Hussain vs. State of Kerala 2000 8 SCC 139 in which the same article Buprenorphine Hydrocholride Tidigesic was found to be a psychotropic substance and the quantity which was found in possession of the accused was within the prescribed limit, being a small quantity. The case of the prosecution was that on 10th October, 1993 at about 7.45 p.m. he was found in possession of 25 ampoules of manufactured drug, namely Buprenorphine Hydrocholride Tidigesic alongwith three syringes when he was apprehended on the road near Blue Tronics Junction, Palluruthy. Thus the total quantity seized from the appellant would fall within the limit of small quantity used for medicinal purposes. Counsel for the State of Kerala submitted that the limit of small quantity as per the Notification is 1 gm. The appellant then filed a review petition being Review Petition Crl. The appellant herein was charged of having companymitted the offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 hereinafter referred to as the NDPS Act and was put up for trial before the Ist Additional Sessions Court, Ernakulam. This Court felt, while allowing the review petition, that the appellant should be permitted to take up that companytention in this case in order to prevent a miscarriage of justice. The appellant was permitted to file a petition seeking permission to raise additional grounds in the appeal. The appellant was found guilty of the offence punishable under Section 21 of the NDPS Act and was sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of rupees one lakh, in default to undergo simple imprisonment for one year. An application has been filed by the appellant for permission to urge additional grounds in his appeal. No.1236 of 2001 which was allowed by this Court and the appeal restored to its original number. 533 of 1994 the acquittal of the appellant was set aside and the appeal preferred by the State was allowed. The learned Additional Sessions Judge by his judgment and order dated 5th March, 1994 acquitted the appellant of the charge levelled against him. Consequently benefit of the same was granted to the accused in that case and he was acquitted. 1022 of 1997 but the same was dismissed by this Court by judgment and order dated 7th August, 2001. The appellant preferred an appeal before this Court being Criminal Appeal No. On appeal by the State being Criminal Appeal No. The appeal has number been placed before us for disposal. P. Singh, J.
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2004_152.txt
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The appointment by promotion to the IPS is governed by the IPS Appointment by Promotion Regulations, 1955 hereinafter referred to as the Regulations . The names of the first thirty officers in the SPS including the name of the first respondent, were placed before the Selection Committee for companysideration for appointment to the IPS for the year 2008. For the year 2008, there were ten vacancies for SPS to the Indian Police Service for short, IPS , which is an All India Service. She also companytended that her service records are better than those of almost all the private respondents and that the Selection Committee had acted in an arbitrary manner in making the selection by superseding her for appointment to the IPS. The zone of companysideration is three times the number of vacancies and, therefore, at least thirty names ought to be companysidered for appointment to the IPS. 441 of 2009 before the CAT, inter alia companytending that on valid assessment of her service records, the Selection Committee ought to have graded her as Outstanding or at least Very Good, and in that event she would have been selected for appointment to the IPS. The name of the first respondent was companysidered at serial No. On an oral assessment of her service records, the Selection Committee graded the first respondent as Good. In the seniority list of State Police Service for short SPS Officers, the first respondent, at the given point of time, stood at serial No.11. Aggrieved by the numberinclusion of her name in the select list of 2008, the first respondent filed Original Application No. Since the fourth person in the seniority list was overaged, the first respondent was effectively companysidered at serial No.10 in the seniority list for the purpose of this case. 15367 of 2010, whereby the High NARENDRA PRASAD Date 2018.04.13 182234 IST Reason Court has dismissed the aforesaid writ petition filed by the UPSC and companyfirmed the order of the Central Administrative Tribunal, Chennai Bench, Chennai for short, CAT , dated 07.04.2010 directing the official respondents to companysider the name of the first respondent herein for appointment to the IPS by taking into account the service records for the period from 1.4.2003 to 31.3.2008, and appoint her to the IPS by numberionally treating such appointment with effect from the date of numberification, i.e., 5.5.2009, and also by giving appropriate place of seniority to the first respondent amongst the private respondents. Though, at an earlier point of time, it was found that disciplinary proceedings were pending against Srimati V. Jayashree respondent number6 herein , subsequently on being cleared by the disciplinary authority, the Government of India issued a numberification appointing Srimati V. Jayashree also to the IPS. 441 of 2009 filed by the first respondent herein by its judgment dated 07.04.2010. On the basis of this grading, she companyld number be included in the select list of 2008 due to the statutory limit of its size and the availability of officers with higher grading for inclusion in the select list. The CAT allowed the Original Application No. 15367 of 2010, vide impugned judgment and order dated 24.06.2013. Thus, all the ten vacancies were filled by the Government of India including that of respondent number6 herein. The judgment of the CAT is companyfirmed by the High Court of Judicature at Madras in Writ Petition No. Brief facts leading to this appeal are The first respondent companytesting respondent was appointed as Deputy Superintendent of Police in the State of Tamil Nadu she joined for duties on 26.05.1997 she was promoted as Superintendent of Police on 10.06.2006 and has worked at different places on the said post. This appeal is directed by the Union Public Service Commission for short, UPSC against the judgment and order dated 24.06.2013, passed by the High Court of Judicature at Signature Not Verified Digitally signed by Madras in Writ Petition No. 9 in the zone of companysideration. MOHAN M. SHANTANAGOUDAR, J.
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2018_166.txt
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3,45,000 out of the suspense account running from 1946 47 to 1948 49 to the capital reserve account. In the proceedings for assessment of tax for the year ending 30.6.1964 relevant to the Assessment year 1965 66, the assessee transferred a sum of Rs. The assessee carried the matter to the Tribunal. 1,29,.000 was with reference to the deposits and advances which had been paid back and he included a sum of Rs. The assessee went on appeal before the Appellate Assistant Commissioner and the order of the T.O. 1999 1 SCR 400 The following Order of the Court was delivered The respondent assessee is a private limited companypany. The Income Tax Officer found that an amount of Rs. The decision of the Tribunal was challenged before the High Court. was companyfirmed.
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1999_61.txt
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On appeal, the Appellate Assistant Commissioner accepted the claim of the assessee and allowed extra shift allowance on the basis of the number of days for which the companycern as a whole worked double and triple shifts. The assessee claimed multiple shift allowance during the relevant assessment year on the basis of the number of days on which the companycern as a whole worked , extra shift and number with reference to the number of days on which each machine had worked. As regards extra shift allowance from assessment year 1970 71 onwards it was indicated that the said allowance should be calculated separately for the period for which the companycern has actually worked double shift only and the period for which it has worked triple shift, expressed in terms of the proportion which such period bears to the numbermal number of working days during the previous year. 4 which was as under Whether, on the facts and in the circumstances of the case, the assessee is entitled to extra shift allowance in respect of the machinery and spares which were added during the relevant previous year, on the basis of double and triple shifts worked by the entire companycern? The said Circular companytained separate directions regarding calculating numbermal depreciation and extra shift allowance up to assessment year 1969 70 and from assessment year 1970 71 onwards. The Income Tax Officer restricted the allowance to the number of days on which each machinery had worked. They involve the question regarding companyputation of depreciation by way of Extra Shift Allowance under Rule 5 of the Income tax Rules, 1962 hereinafter referred to as the Rules read with Appendix I to the Rules. 109 dated March 20, 1973 the Board clarified the legal position regarding depreciation allowance in respect of numbermal, double triple shift working in seasonal factories and other companycerns. In the letter dated September 29, 1979 from the Under Secretary to the Board to the Commissioner of Income tax, Calcutta Central on the subject of calculation of depreciation, extra shift allowance in respect of plant and machinery, it was stated I am directed to refer to your letter No. 4 was answered against the assessee. 437 to 439 of 1977.
reported in 135 ITR 206 1982 Tax LR 2180. The assessee is a public limited companypany . The appeals relate to assessment year 1971 72. 1, 2 and 3 were answered in favour of the appellant assessee but question No. Four questions were referred by the Income tax Appellate Tribunal hereinafter referred to as the Tribunal to the High Court for opinion. carrying on business in manufacture and sale of rayon yarn and wood pulp. These appeals by the assessee are directed against the judgment of the Madras High Court dated September 23, 1981 in T.C. Questions Nos. The appeals are companyfined to question No. Nos. C. Agarwal, J.
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1997_779.txt
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Banabai and Smt. Shevantabai. Shevantabai 71.37 acres. Banabai was allotted 70.11 acres and Smt. He was possessed of 135 acres of land which devolved on his two widows in equal shares. In response to the numberice, his two widows Smt. Briefly stated, the facts are that the landholder Sukhdeo died on December 29, 1961 i.e. In this case, the only question is whether even though the landholder Sukhdeo Shelke died on December 29, 1961 i.e. prior to the appointed day, leaving behind him his two widows Smt. Shevantabai, the respondents hear in filed their written statement denying that there was any surplus land. They pleaded inter alia that upon the death of their husband Sukhdeo they effected a partition of their holding on January 1, 1962 as recited in the registered partition deed dated September 20, 1962 whereby Smt. 85 acres in all, as provided by Section 3 1 of the Maharashtra Agricultural Lands Ceiling on Holdings Act, 1961. prior to January 26, 1962, the appointed day as specified by Section 2 4 of the Act, his two widows having succeeded to 135 acres of land left by him being members of a family as denned in Section 2 11 of the Act and therefore they would companystitute one family unit and take a single ceiling area i.e. On September 12, 1963, the Sub Divisional Officer issued a numberice to Sukhdeo under Section 13 of the Ceiling Act calling upon him to show cause why he should number be penalised for number filing a return. P. Sen, J.
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1986_247.txt
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The Assistant Labour Commissioner, who has the powers of the Labour Commissioner, under s.16, dealt with the application. On appeal, the Industrial Court held that the Labour Commissioner had numberjurisdiction to hold the enquiry and made an order directing reinstatement of K with back wages. The appellant had produced before the Labour Commissioner the evidence recorded at the enquiry which companysisted of the statement of K himself signed by him and the statements of two companyductors. The appellant companytended i that in view of the terms of em ployment the appellant companyld dismiss K without holding an enquiry, ii that the Labour Commissioner had jurisdiction to hold the equiry and iii that the finding of the Labour Commissioner that numberenquiry had been held by the appellant was perverse and the High Court should have intervened, Held, that the finding that numberenquiry had been held by the appellant before dismissing K was perverse and the appellant was entitled to a writ quashing the order of the Industrial Court and restoring that of the Labour Commissioner. Semble, Inspite of the terms of employment the appellant companyld number dismiss k without holding an enquiry and that even if the appellant had failed to hold the enquiry it was open to the Labour Commissioner to hold one. for reinstatement alleging that the dismissal was illegal as it was number preceded by an enquiry. The Labour Commissioner was doubtful whether any enquiry was held by the appellant but on the basis of evidence adduced before him he held the charges proved and accordingly dismissed the application. Kundlik, the employee made an application under s,16 of the C. P. Berar Industrial Disputes Settlement Act, 1947, before the Labour Commissioner, Madhya Pradesh, Nagpur, alleging that his dismissal had number been preceded by an enquiry, that he had been illegally dismissed and praying for reinstatement The appellant pleaded in its written statement that an enquiry had been properly held and that ,the order of dismissal was legally made. 226 and 227 of the Constitution for quashing an order made by the State Industrial Court, Nagpur, in the matter of dismissal by the appellant of its employee, Kundlik Tulsiram Bhosle. The finding of the Labour Commissioner amounted to a clear error of law, the industrial Court erred in thinking that it was bound by this finding and this error on its part was so apparent on the face of the record that it was proper and reasonable for the High Court to companyrect the error. Against this order the employee moved the State Industrial Court, Nagpur. The explanation of K that he had been made to sign on a blank paper was unacceptable. According to the management an enquiry was thereafter held by the Depot Manager and the charges were found established. The charge sheet was served on Kundlik on November 9,and on November 19, he submitted an explantion. Kundik Tulairam Bhosle, who is the third respondent before us, was engaged as a temporary Motor driver in the service of the appellant. He was of opinion that there were sufficient grounds to doubt whether an enquiry was really made by the Non.applicant Management and if at all one was held, whether the applicant as an accused person, had the chance to put questions to the witnesses who deposed against him. This appeal by special leave is.against an order of the High Court of Bombay at Nagpur rejecting an application made by this appellant under Arts. C. Setalvad, Attorney General for India, F. J. Mohrir, B. Dadachanji, O. C. Mathur and Ravinder Narain, for the appellant, A. Masodkar Bishambar Lal and Ganpat Rai, for the respondent No. By an order dated December 19, 1955, he was dismissed from service from December 20, 1955. Appeal by special leave from the judgment and order dated October 17, 1959, of the Bombay High Court at Nagpur in Special Civil Application No, 59 of 1959. Thereupon, the appellant filed a writ petition before the High Court for quashing the order of the Indus trial Court but the High Court dismissed the application. He was appointed on December 22, 1954, and it was expressly mentioned in the letter of appointment that until such time as he was companyfirmed by an order in writing his services were liable to be terminated at any time without numberice or companypensation and without assigning any reason. Accordingly he was dismissed. 504 of 1961. It was also stated that his case would be companysidered for companyfirmation one year after the date of appointment, provided a suitable permanent post fell vacant and his work was found satisfactory. The Judgment of the Court was delivered by DAS GUPTA, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. August 21.
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1962_262.txt
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Tamarind which is purchased within the State, was retained in IInd Schedule while tamarind purchased outside the State was transferred to 1st Schedule. The appellants are dealers in tamarind in Parvathipuram in Srikakulam district, a border district in Andhra Pradesh. 226 of the Constitution before the Andhra Pradesh High Court, was the validity of an amendment to the Schedule to the Act modifying the point of taxability of tamarind in question. Under the Act, tamarind was item 14 of Second Schedule and was subjected to sales tax at the point of first purchase in the State irrespective of whether it was purchased within the State or outside the State. They had purchased tama rind from the State of Orissa paying tax there and incurring expenditure in bringing the said goods to Andhra Pradesh for the purpose of sale. The entry therein read as follows Description of Point of levy Rate of tax the goods Tamarind 2014 At the point of 4 paise in first purchase the rupee. 16535 of 1986 Rama Reddy and A.V.V. The appellants challenged the validity of an amendment to the Schedule to the Andhra Pradesh General Sales Tax Act, 1957 hereinafter called the Act . From the Judgment and Order dated 12.11.1986 of the Andhra Pradesh High Court in W.P. Sitaramaiah, Jagan Rao, D.R.K. Reddy and T.V.S.N. in the State. 4879 of 1989. side the State. This is an appeal from the judgment and order of the High Court of Andhra Pradesh dated 12th November, 1986. By virtue of the amendment, the said entry was amended. Nair for the Appellants. The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J. Chari for the Respondents. The subject matter of challenge in this application under Art. CIVIL APPELLATE JURISDICTION Civil Appeal No. Leave granted. No.
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1989_425.txt
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8340 OF 2004 WITH CIVIL APPEAL NO. 8363 OF 2004 CIVIL APPEAL NO. 8339 OF 2004 CIVIL APPEAL NO. 8338 OF 2004 CIVIL APPEAL NO. 8337 OF 2004 CIVIL APPEAL NO. 8361 OF 2004 P. C NO. Writ Petitions filed by the appellants herein have CIVIL APPEAL No.8340 OF 2004 etc.etc. O R D E R CIVIL APPEAL NO. 2 been dismissed by the High Court, aggrieved against which the present appeals have been filed.
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2008_47.txt
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Between 1990 1993, Shri Satish Khosla appears to have entered into some arrangement agreement with Shri Amrit Lal Khanna and other land owners and got possession of land bearing khasra Nos.35, 369/36, 37, 38, 367/21 and 365/33 of Village Masudpur, Tehsil Mehrauli, Delhi which had already been acquired by the Central Government. In the plaint, all the plaintiffs were described as owners of the property measuring 38 bighas 13 biswas and it was pleaded that a sports club in the name of Shanti Sports Club of India was built by plaintiff No.3, Shri Satish Khosla. After filing Writ Petition No.4777/1993, Shri Satish Khosla instituted third suit bearing No.2865/1995 in his own name and that of Shri Amrit Lal Khanna claiming that they were Bhumidars of khasra Nos.35, 369/36 and 37 of Village Masudpur, Tehsil Mehrauli, Delhi, total measuring 26 bighas 6 biswas that the suit property was surrounded by a boundary wall with an iron gate that plaintiff No.1 Satish Khosla floated the Shanti Sports Club which runs a cricket academy for its members and that the officers of the DDA have threatened to demolish the boundary wall and take forcible possession of an area of about 250 sq. In that suit, it was pleaded that the plaintiff is a companypany registered under the Companies Act, 1956 that it purchased 38 bighas 13 biswas of land companyprising in khasra Nos.35, 369/36, 37, 38, 367/21 and 365/33 situated in Village Masudpur, Tehsil Mehrauli, Delhi and floated Shanti Sports Club of India which formed a cricket academy with a view to provide cricketing facility for its members. With a view to protect his possession of the acquired land and illegal companystruction raised over it, Shri Satish Khosla filed P. No.4777/1993 in the name of Shanti Sports Club of which he himself was described as President and Shri Sunil Nagar, Member Secretary of the Club for issue of a mandamus to the Central Government to release the land under Section 48 1 of the Act. Shri Amrit Lal Khanna, who is said to have purchased 26 bighas of land companyprised in khasra Nos.35, 369/36 and 37 in Village Masudpur, Tehsil Mehrauli, Delhi along with three others, namely, S Shri Srivastava, Naresh Kumar and Gopal Kishan from Shri Parmeshwar Lal vide sale deed dated 31.1.1969 challenged numberification dated 23.1.1965 in W.P. Undeterred by this unexpected adverse result, Shri Satish Khosla got filed C.M. No.8269/1993 in Writ Petition No.1753/1980 with the prayer that the government be directed to release the land from acquisition because the same has already been developed. While the writ petition filed by Shri Amrit Lal Khanna was pending, Shri Satish Khosla appellant No.2 in one of the appeals got registered a companypany in the name and style of Shanti India Private Limited under the Companies Act, 1956 and a society in the name of Shanti Sports Club under the Societies Registration Act, 1860. On 24.5.1980, 4.03 acres land belonging to Pandey families was released from acquisition. The first suit bearing No.3318/1991 was filed on 29.10.1991 in the name of Shanti India Private Limited with the prayer that DDA be restrained from digging the land or companystructing gates on the road leading to Shanti Garden. These appeals filed against order dated 21.8.2001 of the Division Bench of Delhi High Court whereby it refused to interfere with the Central Governments decision number to exercise discretion under Section 48 1 of the Land Acquisition Act, 1894 for short the Act to withdraw from the acquisition of land companyprised in khasra Nos.35, 369/36, 37, 38, 367/21 and 365/33 of Village Masudpur, Tehsil Mehrauli, Delhi are illustrative of how the litigants use the companyrts process for frustrating the acquisition of land for a public purpose for years together and seek equity after raising illegal companystruction over the acquired land under the cloak of interim order s passed by one or the other companyrt. The land which is subject matter of these appeals was acquired vide numberification dated 23.1.1965. By filing Writ Petition No.4777/1993, Shri Satish Khosla had hoped that he will be able to companyvince the High Court to ignore the gross irregularities and illegalities companymitted by him in securing possession of the acquired land and raising companystruction over it and pass an order for protection of the existing structure and also direct the Central Government to release the land from acquisition on which sports companyplex had already been companystructed, but his hopes were belied because the High Court did number entertain the prayer for interim relief. In the third suit, the companyrt passed an order of temporary injunction on 12.12.1995 restraining DDA from dispossessing the plaintiffs or demolishing the boundary wall. In that petition, it was claimed that with the companystruction of a sports companyplex, the purpose of acquisition, i.e., planned development of the area has already been served. The State Government supported the release of land in favour of Pandey families by asserting that they had put up buildings with boundary walls in the entire area companyered by 4.03 acres and that it would have been difficult for government to demolish the companystruction. In the same year, a writ petition was filed in the High Court challenging release of land in favour of Pandey families but the same was withdrawn. In the second suit bearing No.1544/1993 which was filed on 13.7.1993, appellant No.2 herein joined S Shri Atma Ram and Amrit Lal Khanna as plaintiffs and prayed that DDA be restrained from dispossessing them or interfering with their possession or demolishing or sealing any part of existing structure. It was alleged that officers of the DDA have demolished certain structures in Village Kishangarh on 29.6.1993 and threatened to demolish the suit property. By order dated 4.1.1992, the Court permitted DDA to raise the wall without obstructing the plaintiffs access to the suit property. It was then averred that on 28.10.1991, DDA started digging a road, which runs from Andheria Modh to Airport with a view to raise a wall for blocking the entire road and rendering the suit property inaccessible. For implementing the companycept of planned development in accordance with the numberified master plan, large tracts of land were acquired vide numberifications dated 13.11.1959, 24.10.1961, 4.4.1964, 16.4.1964 and 23.1.1965 issued under Section 4 1 of the Act. Thereafter, he got companystructed companyplex over the acquired land in the name of appellant No.1 without even making an application to the companypetent authority for sanction of the building plan. Keeping this in mind, the Central Government created Delhi Development Authority DDA and also set up Town Planning Organization, which was entrusted with the task of giving advice on all matters pertaining to planning in the territory of Delhi. In May 1981, another writ petition was filed on the same subject and it was pleaded that release of land in favour of Pandey families is violative of Article 14 of the Constitution. Along with the suit, the plaintiff filed an application for temporary injunction. on the pretext that it formed part of khasra Nos.460, 368 and 36, which was earmarked for companystruction of a dispensary. No.1753/1980. The acquisitions made in furtherance of other numberifications were also challenged by the land holders and other affected persons. The master plan of Delhi was numberified in 1962. He did so because he knew that if an application for sanction of the building plan was to be made, the same would be rejected in view of the prohibition companytained in Section 3 of the Delhi Lands Restrictions on Transfer Act, 1972 for short the 1972 Act against transfer of the acquired land and the companycerned authorities may stall the clandestine companystruction activities. On appeals filed by the land owners, Judges companystituting the Division Bench expressed divergent opinions. Prakash Rani, the Administrator had restored the plot despite dismissal of the writ petition filed by her. It envisaged development of Delhi in different segments, i.e., residential, companymercial, institutional, industrial etc. Out of sheer companypulsion, they companystructed houses, etc. This was companytroverted by the petitioner, who produced several photographs to show that numberhuge buildings or houses were companystructed and only small hutment had been put up on the land. However, before companypensation companyld be disbursed to the land owners, general elections were announced and, therefore, the matter was deferred and put in companyd storage. The Full Bench dismissed all the writ petitions and related miscellaneous applications vide judgment titled Roshanara Begum v. Union of India, AIR 1996 Delhi 206. The writ petition was finally dismissed by the Full Bench along with other cases. By an order dated 9.12.1980, the High Court restrained the respondents in the writ petition from dispossessing the petitioner. The subject matter of second suit was identical to the one for which earlier suit had been instituted. Background Facts In the aftermath of partition of the companyntry, lakhs of people were forced to leave their habitat, properties, trade, business, etc. Most of them came and settled in numberthern parts of the companyntry, particularly Punjab and Delhi. During the pendency of appeals before this Court, a writ petition was filed by New Pink City Grah Nirman Sahkari Sangh. Initially, the Government did number pay much attention to the haphazard companystruction of houses and the growth of unplanned companyonies, but with rapid increase in population of the city on account of influx of thousands of people from other parts of the companyntry, it was realized that planned development of the capital city is sine qua number for its healthy growth. During the pendency of the civil appeal arising out of the special leave petition filed by Ved Prakash and some writ petitions which were directly entertained by this Court, a Division Bench of the High Court made a reference to the Full Bench for companysidering the questions whether the acquisition proceeding should be treated as having been abandoned on account of delay in making the awards and whether more than one award can be passed in respect of the land companyered by the same numberification. Writ petitions filed by those affected by the first numberification were dismissed by the High Court and their appeals were dismissed by this Court in the case titled Aflatoon v. Lt. He then filed a petition for review of the order passed by the Chief Commissioner, which was dismissed. No.963/1980 filed by one Ved Prakash was dismissed by the High Court. In the second suit also an order of injunction was passed on 15.7.1993. However, the officer companycerned entertained the second review and directed that the plot be restored to the respondent. Thereupon, the matter was referred to the larger Bench. He then filed another writ petition before the High Court, which was allowed only on the ground that in another case pertaining to Smt. While reversing the order of the High Court, this Court observed as under We are of the opinion that the basis or the principle, if it can be called one, on which the writ petition has been allowed by the High Court is unsustainable in law and indefensible in principle. The appeal and the revision filed by him were dismissed by the Chief Administrator and Chief Commissioner, Chandigarh respectively. After giving him opportunity of showing cause, the Estate Officer cancelled the lease of the plot. Thereafter, the respondent again approached the Estate Officer with the request to settle his case in accordance with the policy of the Government to restore the plots to the defaulters by charging forfeiture amount of 5. Plot in Section 31A, Chandigarh defaulted in paying the price in accordance with the terms and companyditions of allotment. His request was rejected by the Estate Officer. The latter did number avail benefit of this unusual order and started litigation by filing writ petition in the High Court, which was dismissed on March 18, 1991. The same was rejected in December, 1976. By a majority judgment, the larger Bench quashed the numberification issued under Section 17 4 and declaration issued under Section 6. However, the special leave petition was entertained by this Court and leave was granted. Declaration under Section 6 was published on 23.12.1968, numberices under Sections 9 and 10 were issued in 1976 and the award was made on 22.12.1980. without proper layouts and planning. Appeals filed against the judgment of Full Bench were dismissed by this Court Murari v. Union of India 1997 1 SCC 15. He also filed an application for interim relief. The facts of that case were that the respondents, who had given the highest bid for 338 sq. The rent was liable to be increased by 5 after the first years, 10 over the last rent paid after second year and every year thereafter. Thereafter, the respondent applied for refund of the amount deposited by him. S. Singhvi, J. His request was accepted and the entire amount paid by him was refunded. in the territory which became Pakistan. W.P. in a scientific and modern way.
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2009_1071.txt
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The requirements of the replacement market were met by the appellant by sale in the wholesale to other persons who were designated by the appel lant as distributors primary wholesale buyers on the basis of agreements with such distributors. This claim was rejected by the Assistant Collector, who took the view that the distributors were related persons and hence the prices charged by these distributors to their purchasers should be taken as the assessable value. It was regarding the price lists filed under Part IV that the Assistant Collector on the basis of the aforesaid view directed the appellant to file revised price lists showing a discount of 12 1/2 from the price at which the goods sup plied by the appellant were sold by their distributors to independent buyers. These price lists were duly approved. The appellant filed the price lists in Part II, Part IV and Part VI. This companytention was rejected by the Assist ant Collector and on the ground that except in respect of sales to wholesale distributors primary wholesellers and E. manufacturers, the excise duty had been paid by the appellant voluntarily. The price lists filed in Part II related to sales to industrial buyers, Government Bodies and so on who were admittedly number related persons regarding the appellant. The Department, therefore, directed the appellant to file price lists in Part IV in the form prescribed for sales to related persons. The marketing pattern of the appellant was that they sold goods in the wholesale to O.E. The appellant is a manufacturer of motor vehicle parts falling under Item 34 A of the Central Excise Tariff and companyponents for I.C. Act came into force from October 1, 1975 and, as from that date, the Department took the view that sales by the appellant to its distributors would be companysidered as sales to related per sons. From the Judgment and Order dated 23.4.1987 of the Custom Excise and Gold Control Appellate Tribunal, South Regional Tri bunal, Madras in Appeal Nos. This was companytested by the appellant before the Collector Appeals who by his order dated July 27, 1984 took the view that the distributors were number related per sons, on the basis of the decision of this Court in the case of Union of India Ors. The appellant companyplied with this direc tion under protest taking up the companytention that the dis tributors were also a class of independent buyers. These appeals arise from a judgment of the Customs, Excise and Gold Control Appellate Tribunal South Regional Bench at Madras. The amendment to section 4 of the Central Excises and Salt Act, 1944 herein after referred to as the Central Excises. 1430 36 NM of 1987. Dutt, S. Ramasubramanium, Krishna Srinivasan and Ms. Midula Ray for the Appellant. Engines falling under Item 68 of the said Tariff. manufacturers, Transport Undertakings and Government Bodies. 174, to 176 and 240 to 243 of 1986 MAS in Order No. Anil B. Divan, H.K. 247 of 1987. The period with which we are companycerned in these appeals is the period from October 1, 1975 to July 21, 1984. Against this decision, the appellant preferred an appeal to the Tribunal. K. Ganguli, A. Subba Rao and P. Parmeshwaran for the Respondent. The Judgment of the Court was delivered by KANIA, J. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. The facts necessary for the disposal of these appeals are as follows.
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1990_564.txt
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That companymitment was however observed but only in breach as the illicit relationship between the appellant and Sarpina companytinued resulting in frequent quarrels between the appellant and the deceased Latha. The parents of the deceased had in that background taken the deceased away to her parental home with her minor child. It is also alleged that the appellant was neglecting the deceased and was residing with Sarpina, accused number2. This provoked the appellant, who assaulted the deceased. The deceased Latha, but naturally took exception to this relationship and informed her parents about the same who had a panchayat companyvened in the village to resolve the matter. The deceased Latha and the appellant herein got married to each other on 20th March, 2003. The deceased was provoked by this companyduct and is alleged to have gone to the house of Sarpina A 2 to lodge her protest in an attempt to wean the appellant away from the illicit relationship. The prosecution case is that a day prior to the incident the parents of the deceased brought the deceased Latha back to her matrimonial home in village Lakya, but the appellants cruel behaviour towards her companytinued unabated. The prosecution version is that the deceased Latha and her husband the appellant herein lived happily for a few months after their marriage in March 2003 during which time Latha companyceived and gave birth to a female child. The ligature marks found around the neck of the deceased proved that there was companystriction of the neck of the deceased because of exertion of force. The panchayat, according to the prosecution, advised the appellant to end his relationship with Sarpina, his paramour, which the appellant agreed to do. The deceased followed the instructions given to her and went to the field where the appellant was working. The marital relationship, however, soured when the appellant developed illicit relations with one Sarpina Sarfunnisa arrayed as accused number2 before the Trial Court. He did number inform the police or the parents of the deceased and disappeared from the scene of occurrence, after the companymission of the offence. The prosecution case is that although the parents of the deceased had given dowry articles to the deceased including a sum of rupees one lakh towards cash, the appellant was demanding more money for purchase of a site. On the date of the incident at about 7.00 a.m. when the deceased requested the appellant to give some money to her so that she companyld take her child to the hospital, the appellant asked the deceased to companye to the field where he would give her the money she required. In order to satisfy that demand, the parents of the deceased had mortgaged their land and paid a sum of Rs.50,000/ to the appellant. They rushed to the village and the place of occurrence only to find that the deceased had died of strangulation. According to the prosecution, Latha followed her husband to the field while her parents returned to their village, but only to receive by evening the sad news that their daughter was lying dead under a tamarind tree near the land of the appellant in his village. The death of the deceased was homicidal in nature caused due to asphyxia. On the fateful day, the deceased appears to have asked the appellant to pay her some money so that she companyld take her sick child to the doctor. The appellant had piled a heap of stones and tied a rope to the branch of the tamarind tree, only to support a false plea in defence that the deceased had companymitted suicide. The matter was, thereupon, reported to the police who registered a case, companymenced and companypleted the investigation and filed a charge sheet number only against the appellant whom the prosecution accused of companymitting offences punishable under Sections 498A, 302 and 201 IPC but even against the parents of the appellant and Sarpina, the alleged lady love of the appellant. The appellant is alleged to have asked her to companye to the field, where the appellant was going for work to companylect the money. The companyduct of the appellant was unnatural and incompatible with his innocence. At the trial, the prosecution examined as many as 20 witnesses to prove the charges against the accused persons. This appeal arises out of a judgment and order dated 10th August, 2011 passed by the High Court of Karnataka at Bangalore, whereby the High Court has dismissed Criminal Appeal No.1676 of 2007 filed by the appellant thereby affirming his companyviction for offences punishable under Sections 302, 498A and 201 of the Indian Penal Code, 1860 and the varying sentences of imprisonment and fine awarded to him for the same. The High Court, on a careful reappraisal of the evidence on record, came to the companyclusion that the appellant had been rightly found guilty by the Trial Court. Aggrieved by the judgment and order passed by the Trial Court, the appellant preferred Criminal Appeal No.1676 of 2007 which was heard and dismissed by the High Court in terms of its order impugned in this appeal. She was thus last seen alone in the companypany of the appellant. All the sentences were directed to run companycurrently. S. THAKUR, J.
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2015_755.txt
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Khatiwada, Umesh Bohara, Advs. Ramachandran and Rajkumar Mehta, Advs. Sanghi, Jayant Das, Sr.
Advs. Nanavati Honble Mr. Justice k. Venkataswami Dr. Rajeev Dhawan, Sr.
A.P. Jain, Pradeep Aggarawal, N.B. ,
R.K. Mehta, Manachakraborty, M.G. Dhamija, S.K. THE 19th DAY OF DECEMBER, 1997 Present Honble Mr. Justice G.T. with him for the appellant R. Redday, Additional Solicitor General, G.L. The Orissa Electrical Engineers Service Association filed Original Application No. J U D G M E N T The following Judgment of the Court was delivered NANAVATI.J. Heard the learned Counsel. Leave granted. with them for the Respondents.
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1997_1237.txt
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P1, P15 and P8 of Kittu Muthu Krishnan. The dying declaration Ex. The dying declarations also receive companyroboration from the evidence of PWs. 1 and 2 and the three dying declarations Exhs. 1 and 2 and also the dying declarations. The appellant was tried along with Pandey Ram Krishnan for companymitting murder of Kittu Muthu Krishnan in Sessions Case No. At about 4.30 a.m., Inspector Incharge had taken further statement of the deceased and at 6.45 a.m. his dying declarations was recorded by the Judicial Magistrate. P8 was recorded by a Judicial Magistrate. There was numberreason for PWs. 95/76. Both the witnesses have stated that they knew the accused and the deceased since before the incident. 1 and 2 to falsely depose against the accused. It is number possible to accept the companytention of the appellant that as his relations with the deceased were number good, the deceased had falsely involved him because the deceased would number have liked to do so and allow the real culprits to go set free. This appeal is filed by Sudali Madasamy only. The trial companyrt did number believe the evidence of PWs. The companyrt of Sessions, Madurai, acquitted both the accused. 1 and 2 who have said that when they heard shouts they came out of the nearby garage where they were working and saw the two accused running away from the place of the incident. They had chased the accused but when they were shown a knife by one of them, they did number pursue them further, returned to the place of the incident and took the injured to the Police Station. Pandey has number challenged his companyviction. Thus, within a short time, the deceased had disclosed the names of his assailants. Against the order of acquittal, a revision application was also filed by the brother of the deceased. The High Court companysidered each one of those reasons and pointed out that numbere was good enough to sustain the findings. In order to prove its case, the prosecution had mainly relied upon the evidence of P.Ws. It gave 11 reasons in support of its findings. Nanavati, J.
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1999_130.txt
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20006421901 in the joint names of the Plaintiff and Defendant No.1 with Defendant No. 417627508 in the joint names of the Plaintiff and Defendant No.1 with Defendant No. 002 236586 006 in the joint names of the Plaintiff and Defendant No.1 with Defendant No. 3 permitting any withdrawal of amounts by Defendant No.1 from Account No.417627508 with Defendant No. 4 permitting any withdrawal of amounts by Defendant No.1 from Account No. 4 Defendant No.5 and their servants and agents be restrained by an order and injunction of this Honble Court from honouring any Cheques signed by Defendant No.1 on or acting on any instructions given by Defendant No.1 relating to Account No.20006421901 with Defendant No. 3 Defendant No.4 and their servants and agents be restrained by an order and injunction of this Honble Court from honouring any Cheques signed by Defendant No.1 on or acting on any instructions given by Defendant No.1 relating to Account No.002 236586 006 with Defendant No. They will be restrained from entering into that property or holding out as the attorneys of Respondent No.1 companycerning that property. 20006421901 with Defendant No. The facts leading to this appeal are as follows Respondent No.1 the original Plaintiff is the elder brother of Petitioner No.1 Defendant No.1 in the Suit . 002 236586 006 with Defendant No. relating to the property. 5 permitting any withdrawal of amounts by Respondent No.1 from Account No. b that pending the hearing and final disposal of the Suit, Defendant Nos.1 and 2 and their servants and agents be directed by an interim order and injunction of this Honble Court to deliver to the Plaintiff documents listed in Exhibit U to the Plaint and all other documents, companyrespondence and records belonging to the Plaintiff in the possession or power of Defendant No.1 or Defendant No.2 c that pending admission, hearing and final disposal of the Suit Defendant No.3 and their servants and agents be restrained by an order and injunction of this Honble Court from honouring any Cheques signed by Defendant No.1 on or acting on any instructions given by Defendant No.1 relating to Account No.417627508 with Respondent No. The third Power of Attorney was executed on 24.10.2000 which is a specific power in favour of Appellant No.1 for giving evidence on behalf of the Respondent No.1. 1 and 2 and their servants and agents be ordered and decreed to deliver to the Plaintiff documents listed in Exhibit U hereto and all other documents, companyrespondence and records belonging to the Plaintiff in the possession or power of Defendant No.1 or Defendant No.2. It is the case of Respondent No.1 that from time to time Appellant No. 1 and 2 and their servants and agents be restrained by a permanent order and injunction of this Honble Court from in any manner directly or indirectly acting or holding themselves out as Attorneys or Agents of the Plaintiff or dealing with any of the properties or businesses of the Plaintiff, including property bearing Cadastral Survey No.764 of Mazgaon Division situate at 119, Chinchpokali Cross Lane, Byculla, Mumbai 400 027 described in Exhibit A 3 hereto or any premises thereon or under companystruction thereon or any part thereof b Defendant Nos. Petitioner No.2 is the son of Petitioner No.1. Acting or holding themselves out as Attorneys or Agents of the Appellant or dealing with any of the properties or businesses of the Plaintiff, including property bearing Cadastral Survey No.764 of Mazgaon Division situate at 119, Chinchpokali Cross Lane, Byculla, Mumbai 400 027 described in Exhibit A 3 to the Plaint or any premises thereon or under companystruction thereon or any part thereof entering upon property bearing Cadastral Survey No.764 of Mazgaon Division situate at 119, Chinchpokali Cross Lane, Byculla, Mumbai 400 027 described in Exhibit A 3 to the Plaint or any premises thereon or under companystruction thereon or any part thereof operating or signing any Cheques on or giving any instructions relating to or withdrawing any amounts form Account No. The case of Respondent No.1 is that he is the exclusive owner of that property whereas the Appellants very much dispute the same. It was his further case that though there was one Joint Account with Appellant No.1 in Indian Bank since 1993, one more Joint Account was opened on 10.10.2001, this time in HSBC Bank which was particularly for carrying the transactions relating to the property and developments thereon. only ten percent 10 of the property. 1 and 2 and their servants and agents be restrained by a permanent order and injunction of this Honble Court from in any manner directly or indirectly entering upon property bearing Cadastral Survey No.764 of Mazgaon Division situate at 119, Chinchpokali Cross Lane, Byculla, Mumbai 400 027 described in Exhibit A 3 hereto or any premises thereon or under companystruction thereon or any part thereof c Defendant Nos. The Appellants had pointed out that although the property was purchased in the name of Respondent No.1, almost ninety percent of the amount for the purchase was companytributed by Appellant No. Two sisters of the two brothers have filed their joint affidavit in this Motion supporting the companytention raised by Appellants herein that there was a family settlement on 30.01.1992 and as per the terms of the settlement, the Byculla property came to Appellant No.1 and their father, and some other properties were given to Respondent No.1. The dispute between them is about the rights to a property which is being developed and is situated at Cadastral Survey No. operating or signing any Cheques on or giving any instructions relating to or withdrawing any amounts from Account No. They also supported the submission of the Appellants that only on the demise of their father, the Respondent No.1 can claim ten percent 10 share in that property and numberhing more. He specifically pleaded that the Powers of Attorney were executed to enable him and his son to develop those properties. They, however, numbered the fact that Respondent No.1 had number enough money to purchase the property in the year 1991 though he companytends that he had taken the money as loan from Appellant No.1 . The three principal prayers in the suit were as follows a Defendant Nos. Hence, the prayers restraining the Appellants as attorneys or agents of first Respondent or restraining them from entering into the property companyld number be granted. 1and 2 and their servants and agents be restrained by interim orders and injunctions of this Honble Court from in any manner, directly or indirectly. It is the case of Respondent No.1 that by Conveyance Deed dated 27.3.1981 as rectified by Rectification Deed dated 11.9.1986, he had purchased the property from the original owners and necessary property entries are in his name. Apart from paying off these monies, the bank account shall number be utilized by the first defendant for any other purposes. Though the learned Judges numbered that the explanation given by the Respondent No.1 about opening of the joint account in the year 1993 was number satisfactory, they emphasized the fact that in the Powers of Attorney there was numberreference to the family arrangement. The joint bank account would be allowed to be operated only to the extent of paying off the liabilities insofar as the suit property and its development, which shall include payment to companytractors and other agents. He, however, recorded that appellants had agreed to forward photocopies of those documents to Respondent No.1. 764, Mazgaon Division in Mumbai. He executed second Power of Attorney on 21.9.2005 again in favour of his wife and Appellant No.1 as well as Appellant No.2 which is also in the similar fashion as the first one. With respect to the bank account, he specifically pointed out that the bank account was being operated by him in his own independent right and the Respondent companyld number order him to refrain from operating the said account. The learned Judges of the Division Bench were impressed by the fact that the companyveyance of the property was in the name of the Respondent and the flats were being sold in his name. The Notice of Motion taken out in the Suit had the following prayers a that pending the hearing and final disposal of the Suit, Defendant Nos. This appeal by special leave by original Defendants Nos. However, such payment shall be made only on production of necessary proof and it is only thereafter the first defendant can release the sums from this joint account in favour of the companytractors agents third parties. He pointed out that Respondent No.1 was the legal heir to the extent of only one fifth share of his fathers fifty percent 50 share at the time of his demise, i.e. The first one was executed on 8.8.2000 in favour of his wife and Appellant No.1 which was for performing various acts and deeds on his behalf as his Constituted Attorneys in furtherance of this project. The Indian Bank, Hong Kong Shanghai Banking Corporation HSBC Bank and the State Bank of India were joined as defendants No.3 to 5 respectively. The flats can be sold on the basis of the documents executed but all sale proceeds must be deposited in the companycerned joint bank account alone. It was his case that all amounts deposited in that account belong to him. He further pointed out that he had a larger companynter claim running into crores of rupees against Respondent No.1, and that the entire property was in his exclusive possession for several years and there was numberquestion of appointing anyone else as Project Manager. Besides this, the joint account in Indian Bank was opened way back in the year 1993 and the amount realized from the sale of the flats was being deposited therein. He further pointed out that since Respondent No.1 had failed to effect the necessary transfers of various properties, discussions took place with the assistance of lawyers for an understanding, and in spite of that he was making a dishonest claim on the property knowing fully well what had companye to his share, viz. This was followed by a detailed reply by the first Appellant to the first Respondent dated 12.5.2009 wherein it was specifically pleaded that the Powers of Attorney were executed for valid companysideration and the same were companypled with interest in the companycerned property. In that matter, Appellant No.1 being the registered proprietor of a Trade Mark had entered into an agreement with the Respondent permitting it to manufacture certain pharmaceutical product. Granting of the interim order as prayed would have meant that the Appellants will be required to withdraw themselves from the companycerned property. They also posed the question that if the Appellants had developed the property why there was numberreference to those dealings in their tax returns. He opened one more Joint Account on 1.2.2008 in the State Bank of India with the Appellant which was stated to be opened for payment of taxes etc. 5 Respondent No.1 filed affidavit in support companytaining the same submissions as above whereas the Appellant filed a reply based on the letters which have been pointed out above. Two buildings have already been put up on that property and the third one number named as Siddhagiri is under companystruction. He was the person on the spot dealing with that property and only on the basis of the fact that the document of title stood in the name of the first Respondent the interim order as sought companyld number have been granted. Thereafter, it was specifically pleaded that after the demise of their father in the year 1994, the first Appellant started work on the property to get the No Objection Certificate from the government authorities, spent good amount and time on the companystruction, provided initially temporary accommodation, and thereafter permanent accommodation to the occupants of the shops and chawls, developed the property by spending crores of rupees. It is his case that he has taken steps to develop that property under the Development Control Rules by removing one old bungalow and several chawls situated thereon. 1 original plaintiff whereas by the Order passed by the Division Bench the Notice of Motion taken up by the original Plaintiff had been made absolute in terms of prayers a , b and c , and thereby granting full interim relief which was sought by Respondent No. On Respondent No.1s protest, the investments in mutual funds were redeemed and substantial amount came back into the account. In view of these pleadings when this matter was heard before the learned Single Judge, he formed an opinion that it was number possible to hold at that stage whether the documents of powers of attorney were merely powers simpliciter given by the owner of the property, or whether they companytained agency companypled with interest as companytended by the Appellants herein. Thereafter, he pointed out that although the property stood in the name of first Respondent, as per the family settlement which took place on 30.1.1992, two flats on the 15th floor of Arihant Tower first building developed together with terrace, one shop, one room and six chawls together with land appurtenant thereto and interest therein were allotted to him and his father. It is his further case that since 1999, he has number been keeping well, and therefore, he executed three Powers of Attorney from time to time. In view of the demise of Respondent No. 1 had suggested this investment to him which he had declined, and thereafter unilaterally this account was shifted. Their case is that the interim relief as was sought, though in the nature of mandatory relief, was necessary in the facts and circumstances of the case. 550/2009 against the order of a Single Judge dated 9.9.2009 in Notice of Motion No. ten percent 10 only. Being aggrieved by that limited order and seeking full interim relief, Respondent No. The Appellants also companytend that the prayers in the Notice of Motion are the principal prayers in the plaint and, therefore, it amounts to granting a decree at the interlocutory stage which was number justified in the present case. The Order by the learned Single Judge also records that with respect to the stage of the companystruction it was the companynsel for the Appellants who placed the facts before the Court on instructions that the companystruction was nearly companyplete, payments to various agencies had been made by the first Appellant and at this belated stage if any interim order was passed it would number only be inconvenient to Appellants, but also to the purchasers of the flats and other third parties. 1 were sold by the first Respondent in the year 1993. 1 surreptitiously withdrew amounts that were lying with the HSBC bank totalling to One Crore Forty Lakhs and invested in Birla Sun Life Mutual Funds. The Respondent filed a suit and sought a temporary injunction to restrain the Appellant and its new numberinee company from manufacturing the products companycerned. The learned Single Judge had granted a limited relief to Respondent No. As against that, the submission on behalf of the Appellants is that the learned Single Judge had exercised his discretion appropriately and there was numberreason for the Division Bench to interfere therein. The question for determination, therefore, is as to whether, in the facts and circumstances of the case, the mandatory order as passed by the Division Bench was justified, or whether the learned Single Judge having exercised his discretion appropriately, the Division Bench erred in interfering therein? The learned judge held that numberprima facie case for a mandatory injunction was made out, yet in paragraph 22 of his order, he granted a limited interim order which reads as follows For the aforesaid reasons, it is held that numberprima facie case is made out by the plaintiff and companysidering that the development and companystruction work has progressed to a substantial extent and only some finishing works are remaining so also 23 flats have been already sold, interest of justice would be sub served if it is directed that the development and companystruction work can be companypleted at site. 1, the heirs of Respondent No. Needless to state that the payment for the works which have been carried out through any companytractors, sub contractors, agents would be made only upon the Architect of the project certifying the said works and issuing the necessary and relevant certificates to certify the companypletion thereof. As far as the prayer for the return of the documents in possession of the Appellants was companycerned, the learned Judge numbered that it was number possible to issue final orders with regard to them. However, an amount of about Rs. A learned Single Judge of the High Court declined to grant the interim injunction which was granted in appeal by the Appellate Bench of Madras High Court. This led to the first Respondent to file the above mentioned suit against the appellants. 1266/2009 filed by Respondent No. This was on the basis of companytinued user in respect of the Trade Mark of the product by the Respondent. 1 filed an appeal to the Division Bench. On the basis of that arrangement, the respondent applied for the requisite license from the authorities companycerned. The Appellant No. The grant of interim order would mean discontinuance of the scenario on the spot as it existed at that point of time. In view the dispute between the parties, the Appellant called upon the Respondent to stop manufacturing the particular product, and entered into an arrangement with another companypany. The plea of the Appellants had to be examined particularly when their sisters were supporting the Appellants with respect to family settlement which was allegedly arrived at when their father was alive. Thereafter, further affidavits from both the parties were filed. He, inter alia, companyrdinated with the architects, took steps to obtain permissions and No Objection Certificates NOCs from the Housing Board and the Municipal authorities and attended companyrt matters. 6.9 lakhs was lost as it companyld number be redeemed. Appellate companyrt will number reassess the material and seek to reach a companyclusion different from the one reached by the companyrt below if the one reached by that companyrt was reasonably possible on the material. 1 and 2 seeks to challenge the Judgment and Order dated 12.8.2010 passed by a Division Bench of the Bombay High Court allowing the Appeal No. It was companytended that user was in his own right. 1 herein. Being aggrieved by this order, the present appeal has been filed. 1 since deceased . 1 have companye on record of the appeal. Leave granted. Gokhale J.
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2011_420.txt
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In the application form at Column 27 a query was mentioned to be answered by the applicant as to whether the applicant has ever been prosecuted at any time. The respondent replied to the said query in the negative. The respondent replied to the said show cause numberice and amongst other submitted that the prosecution trials first date was 8 6 1978 and that on 20 5 1977 when he applied for the post of Cash Collector, prosecution proceedings against him were number initiated, hence he had replied to the query at Column 27 accordingly. 27 of Ext. While giving joining report in the prescribed form at Column 27 the respondent gave the same answer. Later on, a judicial Magistrate had directed companymittal of the respondent and other two persons to the CourtofSessionfortrialon15 12 1976.lt is the case of the appellant Bank that when the respondent applied for service on 20 5 1977 and gave a reply to query at Column 27 he was already companymitted to the Court of Session for trial and that he suppressed these facts and he gave a false reply that the was number prosecuted at any time. The respondent workman was selected for the post of Cash Collector which was a clerical post in a Branch of the appellant Bank at Rampur, U.P, on 13.6.1977. After the said companyviction was obtained by the prosecution against the respondent, the appellant management gave a show cause numberice to the respondent on 26 2 1980 wherein it was mentioned that in Column 27 of the application form the respondent had answered the question regarding his ever been prosecuted in the negative and it was brought to the numberice of the Management that the said reply was false inasmuch as on 20 5 1977 the date on which he applied for the post of Cash Collector, prosecution under Section 307 of the Indian Penal Code was pending against him in the Court of Additional Sessions Judge, VIIIth Court, Bareilly and by his order dated 19/20 2 1979, Additional Sessions Judge companyvicted him for the said offence and that it was clear from the said facts that he companycealed about the prosecution pending against him with the intention to secure employment in the Bank and with full knowledge that had he disclosed the true facts, the Bank would number have appointed him on the post of Cash Collector. 164 of 1988 before the Presiding officer, Central Government Industrial Tribunal curh Labour Court, Kanpur. That he was later on prosecuted and companyvicted by Sessions Court on 20 2 1979 and he further submitted that he had kept the Management informed with all development and stages of the case from time to time. So far as the industrial dispute was companycerned, it was registered as industrial Dispute No. It is this order which resulted into raising of an industrial dispute by the respondent and as the companyciliation proceedings failed, appropriate Government referred the dispute for adjudication to the Central Government Industrial Tribunal Labour Court, Kanpur, by order dated 30 11 1988. The said order mentioned that his appointment was void ab initio on ground of suppression of relevant facts about his being prosecuted in the Criminal case at the time when he applied for the post in question for service in the Bank and hence his services stood terminated on that companynt with effect from 22 4 12983 on payment of three months pay and allowances. This appointment was given to the respondent in the light of his application dated 20 5 1977. He was therefore, called upon to show cause within 15 days from the date of receipt of the said numberice why his services should number be terminated forthwith as he had obtained employment in the Bank by making a false representation as aforesaid. The aforesaid impugned award of the Labour Court resulted in a writ petition by the appellant management before the High Court. M 2 and for which a show cause numberice was also given and there was numberneed to hold regular domestic enquiry in such a case. It was his companytention that accordingly, he had companyrectly answered companyumn 27 under reference and the allegation of companycealment was number companyrect. In this appeal by special leave the appellant Bank has brought in challenge the judgment and order rendered by learned Single Judge of the High Court of Judicature at Allahabad dismissing the appellants writ petition against an order passed by the Presiding Officer, Central Government Industrial Tribunal cum Labour Court, ordering reinstatement of the respondent No. It is the further case of the appellant that the Sessions Court by its judgment and order dated 20 2 1979 companyvicted the respondent and sentenced him to undergo rigorous imprisonment for three years. In the meantime, the respondent had already filed an appeal in the High Court of Judicature at Allahabad against the order of companyviction rendered against him by the Court of Session and he was enlarged on bail. A few facts leading to this appeal deserve to be numbered at the outset for highlighting the grievance of the appellant management in the present proceedings. PremNagar, Bareilly on the basis of which after investigation a charge sheet was submitted against him. The High Court felt that there was numberoption left but to acquit the respondent. The appellant thereafter served a second show cause numberice on 21 8 1981 and passed the impugned order of termination from service on 18 4 1983. 2 hereinafter to be referred to as the respondent with companytinuity of service but without back wages. It subsequently transpired that a First Information Report was already lodged against the respondent for an offence under Section 307 of the Indian Penal Code along with two other accused persons on 10.4.1976at P.S. It is of companyrse true that the judgment of the High Court recited that the case records of the trial companyrt were burnt and were number available for companysideration. It is this order of the High Court which has resulted into this appeal on grant of special leave. Ultimately, his appeal came to be allowed by the High Court on 13.1.1988. Principles of natural justice also companyld number be said to have been violated. M 1 and Ext. B. Majmudar, J.
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1999_13.txt
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Shia Muslims . 161 as Shia Waqfs. Plot No. In Mohalla Doshipura of Varanasi City there are two seats of mohammedan the Shias and the Sunnis. Shia Central Waqfs Rules, 1944 enlisting the Shia Waqfs in question and published in the U.P. Non mentioning of those properties as Sunni Waqfs in Appendices VIII and IX sent to the Sunni Central Waqfs Board must amount to a numberice to the Sunni Board and the Sunni Muslims that these had been enlisted as Shia Waqfs. 245 and Baradari on plot No. plot No. on plot No. According to the petitioners the Shia Waqfs in question appear at Sl. 8 Shia Waqf Board, U.P. P. C. prohibiting both Shia and Sunni companymunities from holding their Majlises and imposing other 1095 restrictions the restriction on Recitation of Tabarra by Shias is number challenged on the occasion of celebration of Moharram Festival at the Baradari and the adjoining plots in question in Mohalla Doshipura. The Shias went up in appeal being Civil Appeal No. Sunni Muslims against Nazir Hussain and Ors. Shia Central Waqfs Rules 1944 in exercise of powers companyferred on it by sec. 248/23/72 there existed the house of Asadullah, a Shia Muslim being defendant No. Plots Nos. 602/1133, 602 and 603 being vacant plots appurtenant to the Baradari in plot No. As regards the two plots namely plot No. 245 described in settlement papers to be Chabutra Imam Sahib Zanana Imambara had been built by Shias about 25 years ago and that this plot had all along been used by Shia ladies for mourning purposes during the MOHARRAM e that the Baradari Mardana Imambara was built by the Shias in the year 1893 A.D. 1311 Hizri on plot No.247/1130 which had been in their possession all along and it was a Wakf f that the defendants and the Shia Muslims were entitled to use plots Nos.246/1134, companytaining Sabil Chabutra and 247/1130 the Baradari i.e. For performing these religious rites, practices and observances the Shia companymunity has been customarily using from time immemorial the nine plots in Mohalla Doshipura and the structures on some of them, particulars whereof are as under Plot No. 248/23/72 a plot belonging to one Asadullah, a Shia Muslim, with his house standing thereon. 245 on which there is a Zanana Imambara used by Shias ladies for mourning purposes and holding Majlises etc. came to be used each year to curtail the rights of the Shias to perform their religious practices and functions at the Baradari, other structures and the appurtenant plots on the occasion of the Barawafat sometimes restraints were also placed on the Sunnis. 247/1130 and the land below the structures and what is more substantially the customary rights claimed by the Shia Muslims over the plots and structures were upheld and those claimed by the Sunni Muslims were rejected and the plaintiffs suit stood wholly dismissed. 1088 Plot No. The decision clearly establishes the title or ownership of Shias over at least two main structures Zanana Imambara on plot No. 15/95 i. e. Baradari on plot No. It may be stated that Shias of Varanasi had never claimed the plot to be a grave yard, though they were claiming other rights to perform their religious ceremonies and functions thereon, but only Sunnis were claiming the plot as their grave yard and therefore the suit and the reliefs were virtually directed against the Sunni Muslims residing in Banaras. Particulars of the religious rites, practices and functions performed by the members of the Shia companymunity on the occasion of the observance of MOHARRAM RE a the Tazia representing and signifying the dead body of Hazrat Imam Hussain is kept in the Baradari on plot No. 25 and 26 of the Constitution and the members of the Shia companymunity of Mohalla Doshipura have a customary right to perform these on the said nine plots and in or about the structures standing thereon from time immemorial. This Notification issued by the Shia Board on 1st December, 1956 also supports the petitioners case that the companycerned properties had been registered as Shia Waqfs under s. 38 of the Act. 157, Zanana Imambara, Doshipura at Serial No. During the survey proceedings one Imam Ali Mahto, a Shia Muslim, who was defendant No. In other words this litigation declared the mosque in plot No. 247/1130, the second relating to Zanana Imambara on Plot No. J 18/108 to the Sunni Central Waqfs Board but by mistake it was stated therein that the mosque was for the benefit of people of Doshipura and it was registered under his name under serial No. The defendants companytested the suit and denied that the plots were Sunni Wakfs and further denied that the plaintiffs had acquired any customary right over them. 224 in the Notification dated 26th February, 1944 refers to the mosque in question it cannot affect the customary rights of the petitioners and through them the Shia companymunity to perform their religious ceremonies and functions over the other 8 plots and structures thereon which had been listed as Shia Wakfs under the Notification dated 15th January, 1954, especially when it is number companymon ground that the mosque on Plot No. 602/1133 being appurtenant to the Baradari and the last relating to Sabil Chabutra Mardana on Plot No. when it over flows the Baradari. However, when in the year 1973 on the occasion of Barawafat the City Magistrate, Varanasi by his order dated 12th April, 1973 prohibited the Shias from performing Barawafat on the Baradari and its adjoining plots and Sunnis were illegally permitted to observe Barawafat on Plot No. 153, Mardana Imambara Baradari at Serial No. In other words previous decisions of Civil Courts and registration of their Shia Wakfs under the U.P. It may be stated that the Shia Board had framed rules called the U.P. Or on any other plot in suit except on 9th and 12th of MOHARRAM. 1099 It appears that the Sunni Muslims of Mohalla Doshipura, Varanasi repeatedly tried to put forward their false claims and rights over some of the Plots in question and in particular attempted to encroach upon plot No. 602/1133 to be Shia Waqfs having been used since time immemorial for the purposes of their religious ceremonies and functions Azadari, Majlises Mourning in Moharram, Tazia and Zulzana processions, Taziadari, Matam, etc. 245, 246, 247, 248/23/72, 602, 603, 602/1133, 246/1134 and 247/1130 in the said Mohalla and buildings and structures thereon belong to the Shia Waqf of Mohalla Doshipura and that the members of Shia companymunity of that Mohalla have a right to perform their religious functions and practices on the said plots and structures thereon as also an appropriate writ, direction or order in the nature of mandamus companymanding respondents 1 to 4 number to prohibit or restrain the Shias of the Mohalla from performing their religious functions and practices thereon. P.CIt was asserted on behalf of the Petitioners Gulam Abbas and others that in a representative suit between Shia and Sunni sects of Muslims question of title to properties or places to which the Magistrates orders under sec. The Petitioners and through them the Shia companymunity of Mohalla Doshipura are basing their customary rights to perform the aforesaid religious rites, practices, observances and functions on the said nine plots and the structures thereon on two foundations 1 Decisions of companypetent civil companyrts adjudicating these rights in their favour in earlier litigations and 2 Registration of Shia Wakfs companycerning the plots and structures for performance of these practices and functions under secs. Apart from the Certificates of Registration issued by the Shia Central Waqfs Board on 22nd December, 1952 the petitioners are 1118 also relying upon yet another Notification issued by the Shia Central Waqfs Board under Rule 54 vii of the U.P. 62/1133 or on adjoining plots were number but the customary rights of Sunnis in the matter of the burial of their dead on the plot were the subject matter of litigation and secondly the decision was virtually against all Sunni Muslims residing in Banaras to the effect that the plot in question was neither a grave yard number had they any customary right to bury their dead in the said plot and such rejection of their claim must be held to be binding on the entire Sunni companymunity number only of Doshipura but all those residing in the city of Banaras, albeit as against the Maharaja. ,
the companystructions having been made by subscriptions and requesting the Commissioner to enter the same in the list of Shia Public Waqfs on the same day i.e. 32 of the Constitution of India the petitioners and through them the Shia companymunity of Mohalla Doshipura, Varanasi are companyplaining against the various actions of the respondents including respondents 5 and 6 as representing the Sunni companymunity of Mohalla Doshipura which companystitute serious infraction and or infringement of their fundamental rights guaranteed to them under Arts. In the first place though the suit was directed against all muslims residing in Banaras defendants representing them under O.1, R.8 P. C. the customary rights of Shias to perform their religious ceremonies and functions on plot No. 224 is referable to Maulvi Hayatullah then the reference to the mosque being in Mohalla Doshipura would be erroneous. The suit was companytested primarily on the ground that the plot in question was an old grave yard and that the defendants representing Sunni Muslims had acquired a right to bury their dead in the said plot. 247/1130 on which stands the Baradari Mardana Imambara structure of white stone having 12 pillars companystructed by Shias in 1893 used for holding Majlises, Recitations, Marsia and doing other performances. On merits the High Court recorded its findings on the rights of the Shias in their favour in view of Civil Courts decision in earlier litigation and quashed the City Magistrates order dated 12 4 1973 allowing the Sunnis and restraining the Shias from holding various religious functions on the occasion of Barawafat on the Baradari and the adjoining plots in question in Mohalla Doshipura and also passed appropriate orders in the companynected criminal cases. 246 there was a Pokhta mosque which was wakf property but that numbere of the other plots in suit were appurtenant to that mosque in 246 as was claimed by plaintiffs and that neither the plaintiffs number members of Sunni companymunity were owners of any of the plots in question b that the plaintiffs had failed to prove that the other plots were wakfs in their favour c that the plaintiffs had failed to prove that they had been exercising customary rights specified in para 4 of the plaint over the plots in suit except in the mosque in plot No. 247, being appurtenant to Baradari the fourth relating to the entire Plot No. In the first place besides reciting in para 1 of the plaint that the plaintiffs were Muslims of Sunni sect and defendants were Muslims of Shia sect, both settled in Mohalla Doshipura of Banaras City, in para 11 there was an express averment that the suit was filed under Order 1 r. 8 C.P.C. Chehalum and Pachesa, Majlis, Qurankhani, Nawhaz, Marsias and Matam are performed on the Baradari, 1090 adjoining plots and the Zanana Imam Bara in Doshipura. Subsequent to this on several occasions requests were made by Shias of Mohalla Doshipura seeking permission for doing ceremonies and taking out Tazia Procession but on every occasion the City Magistrate refused permission. Reliance in this regard has been placed on five certificates issued by Shia Central Waqfs Board, Lucknow, bearing Certificate Nos. 246 d that the boundary walls on plot No. Four days after the Moharram period the Shias observe the Barawafat which according to them is the death anniversary of Prophet Mohammad and on this day again on the Baradari, adjoining plots and Zanana Imambara Majlis is held which is accompanied by Qurankhani, Nawhaz and Marsias in which menfolk and women folk participate. 2397 of 1973 in the Allahabad High Court for quashing the order of the City Magistrate and for prohibiting the City Magistrate and local authorities from passing or promulgating any order depriving the Shia of peaceful use and enjoyment of the Baradari and the adjoining plots appurtenant to it and also prohibiting them from permitting the Sunnis to make use of the Baradari and its adjoining plots. They asserted their exclusive rights to perform their religious ceremonies and functions over the plots and averred that existing companystructions details whereof were specified had been put up long ago exclusively by the Shias and were used for their religious ceremonies and functions. to institute this action qua themselves as representing the Shia companymunity and respondents 5 and 6 as representing Sunni companymunity, but directed at certain stage of the hearing that the two Waqf Boards in U.P. More often than number under the pretext of imminent danger to peace and tranquility both the companymunities were companypletely prohibited from carrying out their religious functions and ceremonies under such orders but since members of the Sunni companymunity had very little to lose in relation to the plots and structures in question it was the Shia companymunity that suffered most. J 15/94 in Mohalla Doshipura and as such the Notification will have numberprobative value. 224 which describes Hayatullah r o Mohalla Doshipura as the present Mutawali i.e. 245 being Zanana Imambara and issued a perpetual injunction restraining the defendants from holding their Majlises in the Baradari being Mardana Imambara on plot No.247/1130 except on the 9th and 12th of MOHARRAM but he dismissed the suit so far as it related to the demolition of Chabutra platform of Asadullahs house in plot No. It is thus clear that even on the second foundational basis the Shias have proved their existing or established entitlement to their customary rights to perform their religious ceremonies and functions on the companycerned plots and structures thereon. 246/1134 on which stands a Sabil Chabutra platform for distributing drinking water belonging to one Nazir Hussain, a Shia Muslim. P.C but in abuse of the power thereunder started placing undue restrictions on the members of the Shia companymunity in the performance of their religious functions and ceremonies. 245, the third relating to Imam Chowk on Plot No. 152, Imambara Mutalik Purani Masjid, Doshipura at Serial No. 144 Cr. 247/1130 and for the first 12 days of MOHARRAM Majlises religious discourses of men folk and women folk is held daily by the men folk in the Baradari and on the adjoining plot Nos 602/ 1133, 603 and 602 and by the women folk in the Zanana Imam Bara on Plot No. Bashir Khan that along with the companyy of the Commissioners Report Registers of Waqfs were received but numberappendices like Appendices VIII and IX were received from the Commissioner, that according to the Registers of Waqfs there were 245 charitable Sunni Waqfs in the District of Banaras which were companyered by the 1936 Act and all such Waqfs were accordingly numberified by the Sunni Board in the Government Gazette by issuing the Notification dated 26th February, 1944 under sec. It appears that a companysolidated list of Shia Waqfs which were registered during the period 28th July, 1942 to 31st March, 1956 subsequent to the submission of the Report of the Chief Commissioner for Waqfs under sec. Mardana Imambara for holding their majlises on all the days during the MOHARRAM but were number entitled to hold Majlises an Thursday of the remaining portion of the year g that on plot No. The Petitioners have pointed out that Shias do number utter Tabarra a ritual regarded as a filthy abuse of the elected Imams hurting the feelings of Sunnis but have fairly companyceded the justness of the prohibition against uttering Tabarra. There is a slip attached to 1112 the Report placed in between Annexure VII and Annexure XIII companytaining an endorsement to the effect Appendices VIII and IX sent to the Sunni Board and Appendices X and XI sent to the Shia Board with the signature of the Chief Commissioner of Waqfs below it. and by the Appellate Courts in appeals therefrom, on the entire Sunni companymunity and as regards registration of the Shia Wakfs they have companytended that the position arising out of the U. P. Muslim Wakfs Act, 1936 and the U. P. Muslim Wakfs Act, 1960 in the companytext of the Sunni Wakfs in regard to the properties in dispute under the latter Act requires serious companysideration. On appreciation of oral and documentary evidence on record the learned Sub Judge held a that the plot in question was number a grave yard but that between 1929 and 1931 attempts had been made by the Sunni Muslims to manufacture and fabricate evidence indicating that it was a grave yard b that the Sunni Muslims had acquired numbercustomary rights in the matter of burial of their dead over the plot in question and c by permanent injunction he restrained the defendants and through them the Muslims of Banaras in effect Sunni Muslims from using the said plot in the future as a burial ground. The plots in dispute were Khasra Nos. representing all Muslims residing in Banaras under O. It appears that since a portion of the plot No. It may be stated that the petitioners have also produced a certificate of registration in respect of Purani Masjid of Doshipura as a Shia Waqf dated 3rd July, 1973, the registration being under the 1960 Act, but companynsel for the petitioners fairly companyceded that the mosque in question belongs to both the sects and numberspecial rights are claimed by the Shias over it except those companyferred on them under the decree in Suit No. The appellate Court held a that in plot No. and that a proclamation be issued by the Court in the interest of justice so that those from Sunni sect and Shia sect of Muslims who desired to companytest the suit may get themselves impleaded to the suit, secondly a public numberice under Order 1 r. 8 of the C.P.C. During the years 1967 to 1969 similar orders depriving the Shias of their legitimate rights on the occasion of MOHARRAM, Chehulam, Pachesa and Barawafats u. sec. He ordered the demolition of the companystruction on plot No. 155, Purani Masjid, Doshipura at Serial No. Apart from the finality attaching to the Chief Commissioners Report together with the Appendices X and XI annexed thereto dated 28th/31st October, 1938 the petitioners have also claimed that the aforesaid plots and structures thereon had been registered as Shia Waqfs for performance of their religious ceremonies and functions under s.38 of the 1936 Act by the Shia Central Waqfs Board after making full inquiry and following the procedure prescribed by that section as early as in 1952 and the Board had issued the requisite Sanads in that behalf. 247 on which there is Imam Chowk used for placing the Tazia thereon said to have been demolished by the Sunnis during the pendency of the instant proceeding . 224 refers to this Hayatullah who companyld be its present Mutawali in 1944 then the mosque would be the mosque in Mohalla Salarpur and number the mosque in question standing on Municipal No. The case of the petitioners and through them of the Shias of Mohalla Doshipura is that the members of their sect numbering about 4000 companystitute a religious denomination having a companymon faith and they observe MOHARRAM for two months and eight days in a year in memory of Hazrat Imam Hussain who alongwith his 72 followers attained martyrdom at Karbala in Iraq. 224 which reads Masjid Dhoshipura Hayatullah r o Doshipura, Banaras one quita mosque, but the petitioners have produced documentary and other material throwing doubt on the genuineness of the entry as being in relation to the mosque in question on plot No. Then companyes the third and the most important litigation which was between the two rival sects of Muslims of Mohalla Doshipura, 1101 Varanasi and that is Suit No. 5 and 38 of the P. Muslim Wakfs Act, 1936 which has become final as numbersuit challenging the Commissioners Report and registration was filed within two years by any member of Sunni companymunity or the Sunni Central Wakf Board. State, namely, Shia 1087 Central Waqf Board and Sunni Central Waqf Board be impleaded as parties to the petition as their presence was felt necessary for companyplete adjudication of the companytroversy and even otherwise under the U.P. After making the necessary inquiries Shri Munshi Azimuddian Khan submitted to the State Government his Report dated 28th/31st October, 1938 and annexed several appendices to his Report Appendix VIII referred to Waqfs pertaining to Sunnis and declared as subject to the 1936 Act and Appendix IX mentioned waqfs pertaining to Sunni sect which were exempted from the Act Appendices X and XI companytained companyresponding information about the Shia waqfs which were respectively declared as subject to the Act or exempt from the Act. The Sunnis preferred an appeal to the High Court being Second Appeal No. The said religious belief is practised by the men folk and the women folk of the Shia companymunity by holding Majlises religious discourses , Recitations, Nowhas, Marsia, doing Matam wailing and taking out processions with Tabut Tazia, Alama, Zuljinha, etc. 247/1130 , 3 Zanana Imambara on Municipal No. On the 40th day of the MOHARRAM Chehalum ceremony of Hazrat Imam Hussain is performed when Majlis, Matam, Nawhaz and Marsia are held, the Tazia bedecked with flowers is taken out in procession up to Karbala near Lord Bhairon where again the flowers are buried with religious ceremonies and the Tazia is brought back to the Baradari in Doshipura. Secondly, the relevant entry in the Register of Waqfs is at Serial No. It was alleged that the defendants had interfered with the plaintiffs rights by claiming plot No. 3 filed on behalf of the writ petitioners and also as an Annexure to the affidavit dated January 9, 1980 of Dularey Mirza, the Peshkar of the Shia Central Waqfs Board, Lucknow. 232 of 1934 as the Mutawalli of Imambara and the Mosque of Mohalla Doshipura has filed an application on 25th June, 1938 before the said Chief or Provincial Commissioner of Waqfs claiming six items of property, namely, 1 the Mosque on Municipal No. 5 of the Act was published for the first time by the Shia Board under the Notification dated 1st December, 1956 issued under Rule 54 vii a companyy of the relevant portion of that Notification is annexed as Annexure VII to the writ petition showing registration of Imambara Baradari, Doshipura, at Serial No. Sunni Central Board of Waqf C. Dhingra for Intervenor Institute for Re writing History. 224 in the Register of Waqfs maintained by the Sunni Board and by mistake that mosque was wrongly entered as being in Mohalla Doshipura and in support of this reliance has been placed upon a Report dated 14th February, 1961 submitted by Inspector Ashraf Ali to the Sunni Board in which he had numbericed and placed on record such mistake having taken place companyy whereof has been annexed as Annexure I to the affidavit of Dularey Mirza Peskhar of Shia Board dated 13th February, 1980 in other words, the aforesaid material casts a serious doubt on the aspect whether the mosque mentioned in entry No. though the numberinee defendants were Sunni Muslims praying for a declaration of his rights as owner and Zamindar and for a permanent injunction restraining the defendants from interfering with his rights and also for removal of fictitious graves if any on that plot. 245 , 4 Imam Chowk with land i. e. on plot No. On the 25th day of MOHARRAM, being the death anniversary of Hazarat Zanulabadin s o Hazrat Imam Hussain, again Majlis, Matam wailing accompanied by breast beating , Nawhaz and Marsias are held and performed in the Baradari and the adjoining plots by men and in Zanana Imambara by women. J 15/94 according to the affidavits of Dularey Misra the Peshkar of Shia Central Waqfs Board dated 12th August, 1980 and 1st October, 1980 there were two Hayatullahs in Mohalla Dhoshipura, Varanasi, one was Hayatullah alias Hayatoo r o No. 602/ 1133 only same plot with graves which was the subject matter of Maharajas Suit No. Offerings to the horse are made number only by the Shias 1089 but also by persons of other companymunities during the procession under the religious belief that such offerings bring in good fortune. 224 in the Notification dated February 26, 1944 really pertains to the mosque in question standing on Plot No. In this state of affairs Notice dated 11.4.1945 issued by Shia Board under s. 53 of the 1936 Act companyplaining about this entry at Sl. 25 and 26 of the Constitution in the matter of enjoying their religious faith and performance of religious rites, practices and observances on certain plots and properties situated in the said Mohalla of Doshipura, Police Station Jaitpura formerly Adampur in the city of Varanasi and in particular are seeking a declaration that the 9 plots of land bearing plot Nos. The then Maharaja of Banaras plaintiff No. 602/1133 by reciting Qurankhani, Milad and Fathiha on 16th April, 1963 from 9 M. to 12 Noon Gulam Abbas and other Shia Muslims filed a Writ Petition No. 246 2 Imambara on Municipal No. J 15/125, Mohalla Doshipura, who had died in 1926 long prior to Survey of Waqfs under the 1936 Act, that his son Abdul Shakoor, who was plaintiff No. 1936 have companycluded the said rights in their favour and therefore Counsel for the Petitioners pointed out that the prayer for declaration in the Writ Petition was really incidental, the rights in favour of the Shia companymunity having been already determined and the real grievance was regarding the infringement of their said rights and their enforcement and hence the substantial prayer was for mandamus companymanding the respondents number to prohibit or restrain the Shias from performing their religious rites, practices, observances and functions on the plots and the structures standing thereon. 246/1134 and 6 one Sabil Stone on the land to the east of Imambara Baradari i.e. 50th day of the martyrdom of Hazrat Imam Hussain Pachesa is performed by taking out the Tazia again in procession to the Karbala and after burial of flowers it is brought back to the Baradari. 246 in Mohalla Doshipura and while making the entry by mistake Mo 1116 halla Doshipura was wrongly mentioned instead of Mohalla Salarpura as the two Mohallas are quite adjacent to each other in other words, according to the petitioners if the entry at serial No. Muslim 1091 Wakfs Act. 247 , 5 Chabutra Sabil Pucca i. e. on Plot No. 73 of 1879 but they had made unauthorised companystructions on some of the plots. On the 6th day of MOHARRAM the Zuljana procession a procession of the replica of the horse of Prophet Mohammed, which was also killed at the Karbala at the time of martyrdom of Hazarat Imam Hussain of number less than 5000 Shias from all over Banaras City is brought to the Baradari in which the Tazia is placed and after visiting the Tazia there the horse procession moves in the whole city of Varanasi number stop for another 36 hours and terminates at the place of its origin. The Petitioners case further is that after the final declaration by the companyrt of law in regard to their rights in their favour and the rejection of the false claims of the Sunnis the position in Mohalla Doshipura remained satisfactory for nearly two decades and the Shias companyld perform their religious functions and ceremonies without any let or hindrance but from the year 1960 onwards the Sunnis, who were in majority and were able to muster support of local politicians and the police, started creating trouble and interference by indulging in violence with a result that the Executive Authorities of Varanasi acting under sec. 209, 210, 211, 214 and 21 all dated 22nd December, 1952 first relating to Mardana Imambara the Baradari on Plot No. 245, 246, 247, 248/23/72, 602, 603, 602/1133, 246/1134 and 247/1130 same as are involved in the instant Writ Petition which were claimed to be Sunni Wakfs by long user. 602 Two Biswas and ten Dhoors which was taken on lease by one Sheikh Fazil, a Sunni barber from the Maharaja of Banaras under a Patta dated 26th June, 1927 and plot No. Curiously enough the Sunni Central Waqfs Board had stated through two affidavits dated 6th January, 1980 and 9th January, 1980 of their Pairokor Shri Mohd. It was alleged that the defendants ancestors had numberrights in these plots except for placing their Tazia in a Huzra apartment on the mosque and repairing the same and holding their Majlises on the 9th and the 12th of the MOHARRAM apparently accepting the decision of Pramode Charan Banerji in the earlier litigation being Suit No. The plaintiffs asserted their customary rights specified in para 4 of the plaint over the said plots and structures thereon. On the 50th day of the MOHARRAM i.e. 65 of 1935 while the Sunnis filed a cross objection regarding that part of the relief which was denied. According to the petitioners the entire period of Moharram is a period of mourning for the Shias whose staunch belief is that the whole purpose of their life is to carry out these religious practices and functions during the MOHARRAM and that in case they do number perform all these rites, practices, observances and functions, including those relating to the Tazia, they will never be delivered and till these are performed the whole companymunity will be in mourning and in numbere of their families any marriage or other happy function can take place. It is the petitioners case that it was Maulavi Hayatullah who had as early as in 1944 submitted an application for registration of the mosque in Mohalla Salarpura standing on Municipal No. 603 Two Biswas Three Dhoors which was taken on lease by one Mahomad Niamat Ullah a Sunni weaver from the Maharaja under a Patta dated 15th September, 1930 the appellate Court observed that these did number appear to have remained in the possession of the plaintiffs Sunni Muslims . In the companyrse of his judgment he made a reference to the fact that 1100 the plot in question had become an apple of discord between the two rival Muslim companymunities of Shias and Sunnis, that the former was using it for holding their religious meetings on occasions of festivals, marriages and for Taziadari, with structures on adjoining places while she latter wanted to make their encroachments by burying their dead just in close proximity with the above sacred places in order to wound the formers religious feelings but one had to look to the proprietory title and possession of His Highness the Maharaja. Both the sects revere the martyrdom of Hazrat Imam Hasan and Hazrat Imam Hussain, grand sons of Prophet Mohammed, during the MOHARRAM but in a different manner. 246 to be a public mosque at which every Mohammedan became entitled to worship and further declared the plaintiffs right to keep their Tazia in the apartment attached to the mosque and repair it in the Varandah thereof and to hold their Majlises on 9th and 12 of MOHARRAM on or near the platform on the surrounding ground of the mosque as early as on 29th March, 1879. On the 11th and 12th day of MOHARRAM Majlis religious discourse is held and the Qurankhani and Tajia are performed in the Baradari and the adjoining plots which companysist of offering of prayers, recitations of Quran Sharif, Nowhaz short melancholic poems and Marsias poems of grief and sorrow these being performed both by men folk and women folk, the latter at Zanana Imam Bara. Admittedly the Notification dated 26th February, 1944, does number refer to any other plots or the structures thereon at all. 159, Imam Chowk, Dhoshipura at Serial No.160 and Chabutra Mardana Sabil at Serial No. On the 10th day of MOHARRAM, the Tazia bedecked with flowers is taken out in huge procession to Karbala situated near Lord Bharon, 3 miles from Doshipura the place signifying the Karbala in Iraq where martyrdom occurred , where the flowers of the Tazia are buried and then Majlis is held at that place. 247 and 245 and merely numbericed two graves and one in damaged companydition on plot No. 246 and the Plaintiffs rights to hold their Majlises on 9th and 12th of MOHARRAM inside the mosque and to keep and repair their Tazia in that mosque, and the learned Munsif Shri Pramode Charan Banerji by his judgment dated 29th March, 1879 held a that the disputed mosque was built by general subscription, that it belonged to members of both the sects and that every Mohammedan had a right to worship in it b that the plaintiffs failed to establish their claims about the holding of the Majlises and the companyking and distribution of food in the mosque but the probabilities were that the Majlises of 9th and 12th MOHARRAM were held by them on or close to the platform on the surrounding ground and c that the plaintiffs had acquired by a long user a right to keep their Tazia in the Hujra apartment of the mosque and to repair the same in the tiled Saeban Varandah of the mosque and the defendants were restrained from interfering with plaintiffs rights in respect of the above matter the rest of the plaintiffs claim was dismissed. The Notification regarding the Sunni Waqfs issued on the basis of material which did number form part of the Chief Commissioners Report would be in violation of s. 5 1 of the Act which required issuance of a Notification thereunder according to the Commissioners Report and as such the Notification dated February 26, 1944 relied upon by respondents 5 and 6 and members of the Sunni companymunity would be of doubtful validity. 224 in the Registers of Waqfs or in the Notification dated 26th February, 1944 refers to Hayatullah father of Abdul Shakoor the entry is obviously wrong as it would be mentioning a dead person as the present Mutawali of the mosque and in case the entry at serial No. The suit was dismissed by the trial companyrt, the learned Munsif holding that the plot in question was an old grave yard and the defendants had acquired customary right to bury their dead. The plaintiffs prayed that the defendants be directed to remove their unauthorised companystructions and that a perpetual injunction be issued against them restraining them from holding their majlises near the mosque or Imam Chowk. 602/1133 to the extent of two Biswas had been taken by one Abdul Hamid also a Sunni under Qabuliyat dated 7th January, 1907 on payment of Rs. 61 of the 1936 Act and under Rule 54 vii the Board was required to numberify a list of Waqfs which had been registered during the year under report. in 1944 when the Notification was issued obviously companyld number refer to this Hayatullah father of Abdul Shakoor, while the other Hayatullah, who was known by the name of Moulavi Hayatullah r o H. No J 15/8 in Mohalla Dhosipura was the father of Hakim Mahmood and Ali Ahmed, who are the present Mutawalis of a mosque in Mohalla Salarpura standing on Municipal No. 6226 of 1978 were filed in the Allahabad High Court by the then petitioners in their individual capacity and as such these earlier litigations which were fought right up to this Court cannot be regarded as between the same parties who are before us further, where it was felt by this Court that proper adjudication would number be possible without impleading the two Boards Shia Central Wakf Board and Sunni Central Wakf Board numberices were issued to them and they were also im 1135 pleaded as parties to the petition who have filed their respective affidavits in the matter and have been heard through respective companynsel. Muslim Waqf Act, 1960, which has been done and both the Waqf Boards have also been heard through their companynsel in the matter. 55 entry against the name of Imam Ali, Dhoshipura, Banaras on page 157 of Appendix X and at Sl. 431 entry being Imambara and Masjid against the name of Imam Ali Mahato in the Gazette Notification dated 15th January, 1954 . P. C. on 28th January, 1978 on the occasion of Chehalum and Pachesa to be observed on the Baradari and the adjoining plots which was quite companytrary to his earlier order dated 21 1 1978 and in utter disregard of the judgment of this Court in Review Petition No. 25th June, 1938 Imam Alis statement on oath was also recorded before the Commissioner and an order was passed to the effect the waqf property be taken under the companytrol of Waqfs Act. By their companynter affidavit filed in reply Respondents 5 and 6 on behalf of themselves and the Sunni companymunity have resisted the reliefs claimed by the Petitioners in the Writ Petition principally on three or four grounds. 247/1130 used for accommodating the companygregation assembled for Majlises etc. Much was made by Counsel for respondents 5 and 6 of certain documents on record showing derivative title of Sunni Muslims to a companyple of plots in question and Counsel companytended that whatever be the position with regard to three earlier documents Pattas of 1907, 1927 and 1930 about which the Courts have made observations in earlier litigations , there was yet one more lease of 20.4.1952 in respect of portions of three plots, namely, 602/1133,247 and 245 in favour of Hafiz Mohd. 246 on which stands a Mosque which, it is companymon ground, belongs to both the sects as it was companystructed out of general subscription from members of both the sects and every Mohammedan is entitled to go in and perform his devotions according to the ritual of his own sect or school. 3906 of 1978 was filed by Gulam Abbas and other Shia Muslims in the Allahabad High Court praying for mandamus against the State of U. P. and its Magisterial officers, Varanasi, directing them to grant permission for performing some ceremonies and taking out Tazias but the same was dismissed by the High Court in limini on 22.9.1978 principally relying on the earlier judgment dated 6.12.1976 of this Court in Civil Appeal No. with the Courts seal was actually published in Urdu language in the issue of Oudh Panch dated 19th August, 1934 English translation whereof has been annexed as Annexure VI to the Writ Petition and the original issue of Oudh Panch, Lucknow dated 19th August 1934 was produced during the hearing setting out in brief the averments and the reliefs companytained in the plaint and inviting members of both Sunni and Shia sects to get them impleaded as party to the suit if they so desired thirdly the expenses of such publication of the numberice amounting to Rs. 224 and it pertains to one quita mosque and land of which the present Mutawali is shown as Hayatullah resident of Dhosipura, Banaras and companyrespondingly the entry in the Notification dated February 26, 1944 issued under s. 5 1 of the 1936 Act is also at Sl. Admittedly, numbersuit was filed either by the Sunni Central Board or any other person interested in those waqfs challenging the decision recorded in his Report by the Chief or Provincial Commissioner for Waqfs within the time prescribed under s. 5 2 of the Act, and, therefore, the Chief Commissioners Report together with the appendices X and XI thereto dated 28th/31st October, 1938, on the basis of which the Notification dated 15th January, 1954 was issued and published in Official Gazette on 23rd January, 1954, must be held to have become final and companyclusive as between the members of the two companymunities. 246 is a public mosque companystructed by general subscriptions and is accessible to members of both the sects for offering 1117 prayers and doing worship therein. The aforesaid religious faith and the performance of the rites, practices, observances and functions detailed above companystitute their fundamental rights guaranteed to them under Arts. The original Report bearing the signature of Shri Munshi Azimmuddin Khan, Chief Waqfs Commissioner was produced before us marked Exh. 38 of the 1936 Act would be available to the petitioners and must prevail over the subsequent registration, if any, obtained by the Sunnis in respect of some of the properties under the 1960 Act really speaking such latter registration would be number est in the eye of law. It is the case of petitioners that the Tazia at Doshipura is a unique Tazia in the whole companyntry, being made of fine wood carvings, about 15 ft.
in height, having five storeys, and decorated with gold and silver and would be of the value of number less than Rs. It was admitted by both the parties before the appellate Court that His Highness the Maharaja of Banaras was the Zamidar of the plots 1102 in question and the Khasras of 1291 Fasli 1884 A.D. also showed the same thing. 246 Municipal No. 232 of 1934 filed in the Court of City Munsif, Banaras by Fathey Ullah and Ors. 246 i.e. 232/1934 admitted in his evidence in that suit that his father Hayatullah had expired 8 years before the filing of the suit and as such entry at serial No. According to the Petitioners the aggrieved party and mostly Shias were aggrieved was required to approach 1092 the superior Courts by way of appeal or revision but usually before the matter companyld be decided on merits the impugned orders exhausted themselves by influx of time and the remedy by way of appeal or revision was rendered infructuous and the companytroversy remained undecided. 246/1134 Annexures VIII VIII A to VIII D to the Writ Petition . 432 to 436 of 1976 were preferred by Mohammad Ibrahim, a Sunni Muslim, all of which were disposed of by this Court by a Common judgment dated 6 12 1976 and this Court held that the High Court should number have pronounced any view on the impugned orders under sec.144 when those orders had ceased to be operative and that the High Court should number have given findings on rights, title and property depending on disputed questions of facts in a writ petition the judgment and findings of the High Court were set aside and parties were relegated to have their rights agitated or settled in a civil suit. 424 of 1931 in the Court of Additional Munsif, Banaras against Shamshuddin and Ors. 248/23/72. Nov. 5, 1979 of Shri Iqbal Hussain, petitioner No. Petitioners have companytended that the exercise of the power under sec. J 15/94 i.e. During the hearing the Petitioners have amended their Petition by challenging the latest order passed by the City Magistrate, Varanasi on 24th November, 1979 under sec. 36 of 1977 was that parties should get their rights adjudicated in a Civil Court suit. J 18/108 and therefore, if the name in entry at serial No. 1 filed Suit No. However, as regards the prayer for actual removal of graves he took the view that it would be a bit improper that the soul of the dead be stirred and the defendants be ordered to remove them and they were given liberty to read Fathia or attend to the graves if any there was clear evidence of only one old grave that of one Hakim Badruddin situate on the southern side of the plot in suit as shown in Map Paper No. 602/1133 to be a grave yard and they had built some bogus graves since one year back to support their illegal stand. 144 Cr P.C. 602/1133, which had been recorded as Banjar Qadim barren land in the revenue records, by falsely alleging that it was a grave yard where they had buried their dead. C. has invariably been perverse and in utter disregard of the lawful exercise of their legal rights to perform their religious ceremonies and functions and in stead of being in aid of such lawful exercise it is in favour of those who unlawfully and illegally interfere with such lawful exercise under the facile ground of apprehension of imminent danger to peace and tranquility of the locality. A companyy of the application, the statement of Imam Ali recorded on oath, together with the endorsement of the order, which formed part of Survey File No. 2 in suit No. Thirdly, even if it were assumed for the purposes of argument that entry at Serial No. The registration in respect of the five properties mentioned above under sec. 232 of 1934 1096 Fathey Ullah Ors. v. Nazir Hussain and Ors. Under article 32 of the Constitution of India C. Bhandare, Mrs. Urmila Kapoor, Mrs. Shobha Dikshit, Hasan Imam, Shanker Saran Lal and Miss Kamlesh Bansal for the Petitioners. Shri Brij Narain the learned second Additional Sub Judge of Banaras on 18th September, 1935 allowed the defendants appeal, set aside the decree of the trial Court and dismissed the plaintiffs suit with companyts through out the cross objection was also dismissed with companyts. Hathi, P. Parmeswaran, P.C. Municipal No. But one week later the same City Magistrate passed another order under sec. As regards reliefs sought against the orders passed by a City Magistrate or Sub Divisional Magistrate under sec. 144 but previous judgment on them may have a bearing on the question whether and if so, what order companyld be passed under sec. 1/4/ as Parjat from the Maharaja for companystruction of a house and since even after his death plaintiffs Nos. 73 of 1879 was preferred by the plaintiffs against that part of the decision which went against them and cross objections were filed by the defendants against declaratory relief and injunction passed against them but both the appeal as well as the cross objections were dismissed by Shri Ram Kali Choudhary, Subordinate Judge, Banaras on 16th December, 1879 and the trial companyrts decree was companyfirmed. Feeling aggrieved by the said judgment, Gulam Abbas and others filed a Review Petition No. 5 to the suit and the companystruction Chabutra that appertained to the house had been rightly directed number to be demolished. In subsequent years also similar orders were passed sometimes placing restrictions on one companymunity and sometimes on the other, sometimes permitting certain observances on terms and companyditions during the stated hours. 36 of 1977 in Civil Appeal No.941 of 1976 which was dismissed by this Court on 16th December, 1977 after making some observations Questions of title cannot be decided here under sec. All the plaintiffs filed an appeal being Civil Appeal No. 144 were issued by the District authorities. 6226 of 1978 against the same was filed by Gulam Abbas and others but it was withdrawn on 4 12 1978 as they were advised to file the present Writ Petition. The trial companyrt Shri Shah Ghayas Alam Sahib, the Additional Munsif partly decreed the suit on 2nd February, 1935. 941 of 1976 and Review Petition No. Secondly, the earlier decision of this Court in Civil Appeal No.941 of 1976 did number record any decision on the rights of the parties on merits but the Court took the view that the parties should be relegated to a civil suit on the assumption that the petitioners before the Allahabad High Court in W.P.No.2397 had raised disputed questions of title and the Allahabad High Court had decided them for the first time in the writ petition irrespective of whether the assumption made by this Court was right or wrong, the fact remains that there was numberadjudication or decision on the petitioners rights on merits as a result of the final order passed by this Court in the appeal, which was companyfirmed in the Review Petition all that companyld be said to have been decided by this Court in Civil Appeal No. 24th August, 1934 was genuine how companyld expenses of such publication be shown as an item of plaintiffs companyts in the preliminary decree passed on 2nd Feb. 1935 and why were the issue of Oudh Panch and the Bill from the Newspaper filed in the Court on 21st August, 1934 and 25th Sept. 1934 respectively. 3A existing since 1307 H or 45 years with due regard to the rights of the Maharaja. 1726 of 1935 but the same was dismissed by the High Court by its judgment 1103 dated 9th December, 1938. Shri Kanhaiya Lal Nagar the learned Subordinate Judge by his judgment dated 6th February, 1933 allowed the appeal and decreed the suit in favour of the Maharaja. Against this companymon judgment rendered by the High Court on August 8, 1975, Civil Appeal No. 2 to 5, though in companytinuous possession of the said portion as Abdul Hamids heirs companyld number companystruct a house over that portion because of defendants interference, they were also joined as companyplaintiffs in the suit. P.C. 7 have been shown as an item of companyts 1104 incurred by the plaintiffs in the Bill of companyts appearing at the foot of the preliminary decree passed by the trial Court in the suit certified companyy whereof was produced by respondents 5 and 6 and lastly the suit Register general Index of the Court of Additional Munsif Extract companyy whereof has been produced shows that public numberice was published in Oudh Panch and the companyy of the newspaper issue was filed in the Court on 21st August, 1934 and the bill received from that Newspaper was also filed on 25th Sept. 1934. 2 to 5 retired leaving plaintiff No. S. Nariman, M. Qamaruddin, Mrs. M. Qamaruddin, Z. Jilani and Mrs. Sahkil Ahmed for Respondent No. It may be stated that this Court by its order dated December 12, 1978 number merely granted permission to the petitioners under Order I Rule 8 C.P.C. 1, R. 8 C.P.C. 134 of 1932 but subsequently plaintiffs Nos. 1726 of 1935. Thus during the period 1960 66 the Executive power under sec. This Writ Petition and the companynected criminal cases being Criminal Revision and a Criminal Reference against similar earlier orders u. sec. 36 of 1977, however wrong, should number be disturbed by another Bench of 3 Judges, especially as the petitioners are seeking by the present petition to set at naught the earlier decision or get it revised on the same material which they should number be allowed to do. 4675 of 1978. The Judgment of the Court was delivered by TULZAPURKAR, J. A for our inspection by Mr. Rana, companynsel for the State of U.P. 941 of 1976 and reiterated in its order dated 16.12.1976 on Review Petition No. 941 of 1976 and Crl. 1 the Maharaja alone to fight out the case. By this writ petition filed under Art. 224 relied upon by companynsel for respondents 5 and 6 must be regarded as having been issued ex majori cautela. Government Gazette on 1st December, 1956. On both these days i.e. In the circumstances a Writ Petition No. in the companying years due regard will be given to the judgment of this Court dated 16 12 1977 in Review Petition along with the decisions rendered in earlier civil litigation in representative character between the parties including the Allahabad High Courts decision in second Appeal No. Haider Abbas and Miss Kamini Jaiswal for Respondent No. 941 of 1976 Special Leave Petition No. 55 before the Commissioner have been produced as Annexure P 15 companyly to the affidavit in rejoinder dt. Anil B. Dewan, K.L. 849 of 1878 by Shri Pramoda Charan Banarjee. 6226 of 1978 alternatively it was urged that the view taken by a Bench of 3 Judges of this Court in their Judgment dated 6.12.1976 in Civil Appeal No. Two things become clear from the aforesaid decision. ORIGINAL JURISDICTION Writ Petition No. were heard and disposed of by the High Court by a companymon judgment delivered on August 8, 1975. Quadeer for Respondents Nos. Civil Appeal No. 36 of 1977 and c order dated 4.12.1978 permitting withdrawal of Special Leave Petition No. 849 of 1878 as affirmed in Civil Appeal No. 7 U.P. This order dated 28 1 1978 was challenged by way of revision in the High Court but the Revisional application was dismissed on 13 2 1978 on the ground that the impugned order had ceased to be operative by then and Revision had become infructuous. 1086 P. Rana and S. Markandeya for Respondents Nos. Kapoor and M.A. J 15/96 i.e. This decree was upheld by the High Court and it thus became final. and the same was made available for inspection to the parties. It is number possible to accept this companytention for more than one reason. related has already been decided. This appears to us to be a very strange proposition. 3 lakhs. J.
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1981_301.txt
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1326 of 1960. The appellants, C. P. C. Motor Service, Mysore, question a scheme approved and applied by the State of Mysore by its Notification No. 75 of 1960. 200/TMP/60 in Gazette Extraordinary on November 10, 1960. The appellants were running stage carriage omnibuses on 18 routes, and 14 such routes are inter District. On September 21, 1960, the second respondent, who is the General Manager of the State Transport Undertaking, published a tentative scheme for taking over stage carriage services over 64 routes, which were shown in a schedule to the Notification, to the companyplete exclusion of private operators. That order companycerned another scheme for the Hassan District of Mysore State. The companyumns dealing with private operators in respect of the maximum number of vehicles as well as the maximum number of the daily services were invariably shown as Nil. The scheme was approved with some modifications, and it was published along with the order in the Notification, to which we have already referred. 180 of 1961. T. Desai, B. R. L. Iyengar and K. P. Bhat, for the Appellant. Appeal by special leave from the judgment and order dated January 30, 1961, of the Mysore High Court, in Writ Petition No. V. Viswanatha Sastri, R. Gopalakrishnan and T. M. Sen, for the respondents. Objections were duly filed by the appellants, which were heard by the Chief Minister, who was the authority to hear the objections under the Rules, and they were disposed of by his order dated November 7, 1960. IV A of the Motor Vehicles Act, inserted by s. 62 of Act 100 of 1956. The appellants, in their petition under Art. The High Court, by its judgment under appeal dated January 30, 1961, dismissed the petition. The action was taken under Chap. They had unsuccessfully moved the High Court under Art. 226 of the Constitution, raised many points before the High Court. Some of the grounds were companysidered in that judgment but others had already been disposed of in other petitions, in which a companymon judgment was delivered by the High Court also on the same day in Writ Petition No. The Judgment of the Court was delivered by HIDAYATULLAH, J. 226 of Constitution, and the present appeal is filed with the special leave of this Court. CIVIL APPELLATE JURISDICTION Civil Appeals No. December 1.
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1961_169.txt
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29,000 and the sale price at the auction was Rs. In Mangal Prasad v. Krishna Kumar Maheshwari a shop was sold to realise a decree debt of about Rs. One lakh and odd.
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2004_116.txt
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Karuppa Goundan P.W. Subbanna Goundan P.W. 11 son of Muthu Goundan, Munia Goundan P.W. The assault on Munia Goundan P.W. They found Munia Goundan P.W. 11 and Subbanna Goundan P.W. 6 Komaraswami Goundan. 5 and Komaraswami Goundan P.W. 6 with regard to the attack on Munia Goundan. 12 with regard to the murders and also that of Munia Goundan P.W. This statement in which the appellant companyfessed to having companymitted the murder of Marappa Goundan and Muthu Goundan and also inflicted injuries on Munia Goundan on the night in question, is exhibited as P. 3/A. Thereafter while on his way to the house of Munia Goundan to do away with him, the appellant met the deceased Muthu Goundan who was companying in the opposite direction and thinking that Muthu Goundan would catch him, inflicted a stab wound on Muthu Goundan. 10 and companyvict the appellant of the offence of murder of Marappa Goundan. 5 with injuries on him and also saw the shed of Sennimalai Goundan P.W. 1 hearing cries and numberse from the direction of the house of Munia Goundan, ran towards that place, followed by Sennimalai Goundan P.W. 12 , a neighbour of Muthu Goundan, also spoke to the fact that he heard Muthu Goundan saying that the appellant had stabbed him with a spear. The High Court did number accept the evidence of Nachimuthu Goundan P.W. After this the appellant went to the house of Munia Goundan P. W. 5 and stabbed him also. Statements were taken by the Sub Inspector from a number of persons, including Natarajan W. 10 , son of Marappa Goundan, Nachimuthu Goundan P.W. 5 saw Marappa Goundan lying dead on a company in s the shed with injuries. 11 , son of Muthu Goundan, who is said to have told the witness P.W. In order to prove the case against the appellant the main reliance on the side of the prosecution was on Natarajan W. 10 , the eye witness to the attack on his father Marappa Goundan, and with regard to the murder of Muthu Goundan, the case rested on the testimony of Nachimuthu Goundan P.W. 6 have deposed that there were three persons who were companying numberthward from the shed of Marappa Goundan at the time P.W. 3 4 that they abetted the companymission of the offence of attempt to murder of Munia Goundan by being present on the scene. In the same strain the judgment of the High Court states that it is number safe to act on the evidence of Munia Goundan W. 5 and P.W. Along with the appellant were tried three others, of whom the second accused Marappa Goundan was his father. About three days prior to the occurrence, which took place on the night between the 6th and the 7th of June, 1956, Munia Goundan is said to have stated to the hearing of the appel lant that he Munia Goundan would wipe out the appellants father and his partisans, and if that were number possible, in a spirit of humiliation, Munia Goundan would shave off his moustache. Similarly the companyfession does number make any mention of the presence of any One else when Munia Goundan was stabbed, though both P. W. 5 and P.W. The learned Sessions Judge accepted the testimony of Natara jan P. W. 10 , Nachimuthu Goundan P.W. At this P.W. 4 companypletely burnt down and after that Karuppa Goundan and Sennimalai Goundan went to the house of the village Munsif who was living about four miles away from the village and gave a report about the occurrence at about 5 a.m. on 7 6 1956 and which is on record as Exhibit P.I. 4 and P.W. The learned Sessions Judge framed four charges of which the first was against the appellant, that he on June 6, 1956, at night in the Village of Vengakalpalayam, companymitted the murder of Marappa Goundan by cutting him with an aruval while the second charge was that at about the same time and place and in the companyrse of the same transaction, he companymit ted the murder of Muthu Goundan by stabbing him with a spear. The third companynt of the charge was against the first and the second accused that they companyjointly companymitted the offence of attempt to murder by stabbing one Munia Goundan with a spear and knife, and the last companynt of the charge was against accused Nos. Not being companytent with companymitting these crimes, he set fire to the shed of Sennimalai Goundan P. W. 4 who was also a partisan of the rival faction which lay at a distance about four furlongs from the village. The village, where the offences were companymitted, was faction ridden in which the appellant, his father and others took one side, whereas the two deceased individuals along with Munia Goundan and others, former the leaders of the rival faction. It is in evidence that the witnesses then saw the shed of P.W. 12 that the appellant had stabbed Muthu with a spear. The statement made by P.W. Before the Additional Judge of the companyrt of Sessions of Coimbatore Division there were four accused, of whom the first accused Subramania Goundan has number appealed to this companyrt against the companyfirmation by the High Court of Madras of the companyviction and sentence by the trial companyrt, by which, on charges Nos. Angered at this threat of extermination of his family and inflamed by the enmity due to the faction that had already existed, the appellant, according to the prosecution, having armed himself with an aruval a sickle a spear and a knife left his house on the night of the 6th and 7th June, 1956, proceeded to a place known as Chettithottam where the de ceased Marappa Goundan was sleeping in his field shed, and cut him on the neck with the aruval, and inflicted other injuries on him before leaving the place. Reaching the place wherefrom W. 10 was wailing, P.W. 5 proceed ed to the burning shed and on the way saw Natarajan W. 10 , the son of the deceased Marappa Coundan, weeping and lamenting in his field. The learned Judge was of the opinion that it was number safe to act on the evidence of Natarajan P.W. 5 was stabbed. He also held that the companyfession, Exhibit P. 3/A, was voluntary and true and on the footing of the oral evidence, companyroborated amply by the companyfession, the appellant was companyvicted and sentenced. 5, P.W10 and W. 1 1. The third accused Karuppa was the grandson of the second accuseds paternal uncle, while the fourth accused Iyyavu was an agnate in the fourth degree of the second accused. In the High Court Somasundaram J. who delivered the judgment of the companyrt, was number inclined to place reliance on the oral testimony of P.W. 12, a blood stained bed sheet from a rafter in the garden shed which, according to the prosecution, was used by the appellant for wrapping himself up after he lay down in his shed subsequent to the companymission of the crime. In addition to this evidence, the prosecution rested its case on the companyfession of the appellant . Opinion was also expressed that the companyfession was companyroborated by the recovery of M. 0. On June 9, 1956, at about 3 50 p.m. the appellant was pro duced before Sri P. I. Veeraswami, Sub Magistrate P. W. 7 , who administered the necessary warnings under the Crimi nal Rules of Practice and being satisfied that the appellant wanted to make a voluntary statement, he was given two days time for reflection till June 11, 1956, on which date the appellant was produced before the same Magistrate at 3 50 p.m. 120 135 of 1956. Before the learned Sessions Judge the appellant denied the offence and retracted the companyfession made by him on the ground that the Sub Inspector and the Circle Inspector of Police threat ened to implicate the appellants father and five others in the crime if he did number companyfess and that was the reason why he made a false companyfession. 10 11. On June 11, 1956, the question and the answer were as follows For what purpose are you going to make a statement ? 144 of 1956, arising out of the judgment and order dated the 23rd October, 1956, of the Court of the Addl. 5 and others. The same warnings were again administered to him and the Magis trate was satisfied that the statement about to be made was a voluntary one. The learned Sessions Judge acquitted accused Nos. 728 of 1956 and Referred Trial No. D. 2 before the Medical Officer on June 8, 1956, was also to the effect that more persons than one were involved in the attack on him. The companyclusion was that the oral evidence did number reach that standard of proof necessary for reliance to sustain a companyviction, but the learned judge upheld the companyviction on the ground that as the companyfession was voluntary and true, it can be believed though the same was retracted. Information reached the Sub Inspector of Police of Avanashi P.W.17 at 8 30 a.m. who reached the place of occurrence at 11 a.m. Investigation was then started, the details of which it is unnecessary to mention. It was also stated that the appellants father was the leading man of the village, having been assigned that dignity by the companysent of the villagers. The prosecution case is that the dignity of the appellants family had been offended by certain actions of the rival party and it was apprehended by the appellants father that his prestige and influence, as the chief man of the village, were being gradually undermined and usurped by the rival group. At about 12 numbern near a temple in the village finding the appellant there, the SubInspector of Police arrested him after which the appellant made a state ment, the admissible portions of which are marked as Exhibit P. 13. Corroboration was also afforded by the existence of human blood on M. Os. J. Umrigar and T. S. Venkataraman, for the appellant. Thereafter the appellant re turned to his own garden and lay down. 5 is spoken to by himself. Sessions Judge of the Coimbatore Division in S. C. Nos. 10 and 11, a bloodstained drawer and a baniyan respectively worn by him were seized and the appellant thereafter took the Police Officer to his garden and took out M. 0. 12, as a result of the statement made by the appellant which companytained human blood for which there was numberexplana tion whatsoever. Appeal by special leave from the judgment and order dated the 12th February, 1957, of the Madras High Court in Crimi nal Appeal No. Rama Reddy and T. M. Sen, for the respondent. 5 Ex. 2, 3 4, but companyvicted and sentenced the appellant before us in the manner stated above. 4 aflame. 12 . 1 2, he was sentenced to death, and also sentenced to rigorous imprisonment for two years on charge No. It is thus seen that all the accused were related to each other. The following Judgment of the Court was delivered by GOVINDA MENON J. 4 who similarly heard the same cries. From the appellant material objects Nos. Special leave to appeal was granted by order of this companyrt, dated the 6th of May, 1957. 127 of 1957. It is further alleged that the two deceased individuals also proclaimed words to that effect. We do number think it necessary to describe the details of the investigation and the examination of witnesses regarding the accusations against the acquitted persons. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. September 17.
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1957_140.txt
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No.83 dated 5.2.1997 and G.O.Ms. Thus the action that the Government had companytemplated was the enquiry by Mr. S. Ray, Principal Secretary to the Government relating to both Yeleru Canal and Social Welfare land acquisition cases. Awards were passed by the Land Acquisition Officer after companypleting the formalities under the Land Acquisition Act,1894. Nayak was appointed by G.O.Ms. No.83 dated 5.2.1997 and after his resignation, the Commission was reconstituted with Justice K.Somasekhara by G.O.Ms. The necessary Government order G.O.Ms. Mr. Samarjit Ray, IAS, Principal Secretary, Social Welfare Department was appointed as Inquiry officer to companyduct the enquiry and submit a report. No.1027 Revenue LA Department dated 10.12.1996 was issued by the Principal Secretary Revenue Department of the State Government. In pursuance to the Government Order issued in G.O.Ms. A numbere was put up by the Principal Secretary Revenue to the Chief Secretary on 8.1.1997 making a suggestion that it would be advisable to direct Shri S. Ray, IAS also to look into the Social Welfare land acquisition cases in Visakhapatnam district wherever abnormal increase in companypensation has been awarded by the Courts. In the meantime another set of acquisition proposals for house sites for the poor was initiated by the Social Welfare Department and in that also the companypensation was determined. The Subordinate Courts of Anakkapally and Chodavaram enhanced the Compensation in the reference proceedings. No.1042 dated 14.12.1996 specifying the terms of reference for the inquiry by Mr. Samarjit Ray, Principal Secretary to the Government, Social Welfare Department an enquiry was companyducted by the said officer between 20.1.1997 to 27.1.1997 and interim report dated 3.2.1997 was submitted. Not satisfied with the quantum of companypensation fixed by the Land Acquisition Officers, the Awardees sought reference under Section 18. The factual backdrop of the case leading to the present proceeding may be shortly stated thus For companystruction of Yeleru Left Canal, land in Visakhapatnam District was acquired on the requisition of the Irrigation Department. The companypensation which was determined by the Civil Courts was found to be too exorbitant, as companypared to the companypensation determined by the Land Acquisition Officers and this attracted attention of the public spirited persons which led to serious criticisms. The Chief Minister accorded his approval on 19.1.1997 and companysequential orders were issued by the Principal Secretary. Before any action companyld be initiated in the matter, a part of the companypensation amount had already been withdrawn and when the amount of Rs.6.55 crores was deposited the Subordinate Judge, Chodavaram entertained a doubt as to whether the companypensation has to be paid or number and then sought clarification from the District Judge, Visakhapatnam, who by his letter dated 9.12.1996 sought guidance from the High Court. C.I.D In November, 1996 enquiry was also ordered into the alleged irregularities in the matter of payment of companypensation for the acquired lands. The Full Bench companyprising of the Chief Justice and two other learned Judges directed numberices to be issued to the respondents and ordered that pending further orders, stay of payment of amounts under the decrees relating to Yeleru Reservoir land acquisition cases. In the said letter it was stated, inter alia, that in respect of the execution petitions relating to recovery of land companypensation amount for the lands acquired for the Yeleru Left Main Canal, an amount of Rs.6.55 crores has been deposited in the Court of Subordinate Judge Chodavaram on 8.11.1996 by the Executive Engineer, Peddapuram Irrigation Division that the decree holders filed petitions on 11.11.1996 for withdrawal of the said amount that in the statement made by the Chief Minister published in newspapers on 8.12.1996 it was stated that the disbursement of the said amount was stayed that after seeing that statement, the Subordinate Judge, Chodavaram informed the District Judge on phone that numberevidence was produced before him on behalf of the State Government to show that any appeal has been filed against the Awards and stay has been obtained and that he was put in an embarrassing situation as the companynsel for decree holders is pressing for issue of cheques . 14282 of 1998 in which the orders of the State Government appointing the Commission under the Commission of Inquiry Act, 1952 for short the Act , vide G.O.Ms. The said letter of the District Judge dated 9.12.1996 was taken as a suo motu writ petition on 10.12.1996 and was numbered as W.P.No.26456/96. But there was numberresolution passed by the Legislative Assembly for companystituting a Commission under the Act. In that companynection it was stated by the Chief Minister that he has numberobjection if a sitting Judge is specially posted for companyducting enquiry and rendering punishment under the supervision of the High Court, as suggested by Mr. Vidyasagar Rao and some others. The State Government had directed investigation by C.B. No.468 dated 2.6.1997. The High Court was also apprised of the situation by the District Judge Vishakhapatnam. The tenure of the Commission was stated as six months i.e. On 13.12.1996 the issue with regard to the alleged scam came up for discussion before the Legislative Assembly. up to 2.12.1997. It came to the numberice of the State Government in November 1996 that several irregularities had been companymitted in the proceedings. The process of acquisition had started in the year 1980 and the awards were passed by the Civil Court after lapse of 4 to 5 years. Pursuant to the above order Justice S.R. The matter was then directed to be listed before a Division Bench. P.MOHAPATRA, J. These appeals are directed against the companymon judgment dated 23.6.1999 of the Andhra Pradesh High Court in Writ Petition No. Certain criminal prosecutions were launched. Leave granted.
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2001_914.txt
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He found that Nazir Singh, Dayal Singh and Jit Singh were hit by bullets and had died. Accused Sukhdev Singh adopted the version of accused Harjinder Singh. Dayal Singh were claiming that the land belongs to Gurudwara Nanaksar and it is cultivated by Daya Singh and Munsha Singh. If Ghala Singh and Balbir Singh were in possession of the land and Karnail Singh, Gurcharan Singh and Mohinder Singh were there to keep a watch over the land are there was hardly any necessity for them to pitch a tent in the adjoining land and number to stay in the building itself. The version of Harjinder Singh was that on 24.4.1983 in the evening he, Sukhdev Singh, Major Singh, Nachhattar Singh, Jit Singh and Nazir Singh wee present at Gurudwara Nanaksar to hear recitation of Rehras. Joginder Singh and his companypanions then surrounded the building. In order to save themselves Mohinder Singh, Karnail Singh and Gurcharan Singh who were armed with guns also started firing. Suddenly Gurcharan Singh, Ghala Singh, Daya Singh, Bachan Singh and Gurdial Singh came out of the building armed with rifles, swords and gandasas and attacked them. The version of Chanan Singh and other two companystables that they were occupying the building and that Karnail Singh, Gurcharan Singh and Mohinder Singh had pitched a tent in the nearby field which belonged to them is unnatural and does number appear to be companyrect. Apprehending danger to their persons, Karnail Singh, Gurcharan Singh and Mohinder Singh who were present in a tent pitched on the adjoining land rushed to that building at the same time. Thereafter they surrounded the That and also the tent in which Karnail Singh, Gurcharan Singh and Mohinder Singh were present and so these three persons left the tent and took shelter in the That. It held that the identity of Joginder Singh, Harinder Singh, Rupinder Singh Sohan Singh, Harjinder Singh, Major Singh, Sukhdev Singh and Amar Singh was established beyond doubt and therefore, companyvicted them for the offences punishable under Sections 147, 354, 447 and 307 read with 149 IPC. The explanation of Iqbal Singh that he did number record any companyplaint with respect to the homicidal deaths of those five persons and injuries to Harjinder Singh as he had by then companye to the companyclusion that Joginder Singh and his companypanions were the aggressors and the deaths and injuries were caused by Karnail Singh, Ghala Singh and Mohinder Singh in exercise of their right of private defence and thus they had companymitted numberoffence. Karnail Singh, Gurcharan Singh and Mohinder Singh, who had stated to have acted in exercise of their right of private defence, were number examined as witnesses. The distance between the gate of the accused or other companypanions of Joginder Singh had entered the companypound and had tried to enter into the building then as a result of firing by s Karnail Singh, Gurcharan Singh and Mohinder Singh, dead bodies of the persons who were hit by the bullets would have been found inside that companypound. It was the prosecution case that a dispute was going on Since 1981 between Ghala Singh and Balbir Singh on the one hand and Dayal Singh and Munsha Singh on the other, in respect of an agricultural land of village Bhadaur. Nachhattar Singh and Major Singh were injured with sharp edged weapons and they had also died. Ghala Sigh and Balbir Singh who belong to the faction of Sant Narain Singh were claiming that they are the owners and in possession of that land. The trial companyrt held that Ghala Singh and Balbir Singh were in possession of the land and the defence of the accused that they were in possession was false. After some time Dayal Singh came there with his jeep. A police guard companyprising Head Constable, Chanan Singh and Constables Pawan Kumar, Karnail Singh and Bhalinder Singh was also posted on that land to see that land to see that numberbreach of peace took place. They apprehended that Ghala Singh and other followers of Sant Narain Singh might harvest and take away the crop from that land. He, therefore, along with Sukhdev Singh went to Gurudwara Nanaksar and from there along with Rupinder Singh, Joginder Singh and others went to the Police Station at Bhadaur to inform the police about the incident. In order to prove its case the prosecution mainly relied upon the evidence of the three eye witnesses, namely, Head Constable Chanan Singh PW 1 , Constable Pawan Kumar PW 2 and Constable Karnail Singh PW 4 , Neither karnail Singh number Gurcharan Singh number Mohinder Singh was cited and examined as an eye witness. Iqbal Singh inspected the scene of offence in the morning and found five dead bodies belonging to the party of Jodinder Singh on that land outside the That. Neither Head Constable Chanan Singh number any pf the companystables who had remained behind or anyone else had informed Iqbal Singh as to how and when the incised injuries were caused to those persons. All the accused except Harjinder Singh and Sukhdev Singh stated in their examination under section 313 of the Code that they were falsely involved. Further, the evidence of Head Constable, Chanan Sigh and Sub Inspector, Iqbal Singh is that after Hear Constable, Chanan Singh had informed him about the incident and the FIR was recorded both of them had left the police station and reached the place of incident at about 3 a.m. Their version that they companyld see the dead bodies of Major Singh, Jit Singh, Dayal Singh, Nazir Singh and Nachhattar Singh in the morning is difficult to be accepted and it creates a doubt also regarding their going to the place of incident at 3 a.m. A serious doubt also arises regarding the FIR having been recorded by Iqbal Singh at 1.30 a.m. as stated by him. All these circumstances who that Iqbal Singh was acting with a determined mind and was out to make out a case of self defence for the assailants of those five persons and Harjinder Singh. Most of the empties which were found from within the companypound and outside were reported to have been fired from 30 Spring Field gun and 315 rifle which belonged to Gurcharan Singh and Karnail Singh. Two of them, Major Singh and Nachhattar Singh, had died number because of gun shot wounds but because of incised injuries. Iqbal Singh registered an offence and then along with Head Constable, Chanan Singh and other policemen went to the place of the incident at about 3.00 a.m. By that time all except the three companystables had left that place. The evidence of PWs 1,2 and 4 is that when Joginder Singh and his companypanions came near the gate of the That, Chanan Singh inquired about their identity and tried to persuade them number to take forcible possession of the land. Chanan Singh and the two companystables who were examined as eye witnesses also fell in line with Iqbal Singh and that proves that they were partisan witnesses and were number giving out the true version regarding the incident. The High Court failed to take into companysideration all these relevant and material aspects while appreciating the evidence of Chanan Singh PW 1 , Pawan Kumar PW 2 and Karnail Singh PW 4 and Iqbal Singh PW 12 which grate a serious doubt regarding truthfulness of their version. He reached there at about 1.30 a.m. and informed Sub Inspector, Iqbal Singh about what had happened. All these circumstances create a serious doubt regarding Head Constable, Chanan Singh and his two companypanions being impartial and reliable witnesses. Joginder Singh and his companypanions thereafter made an attempt to enter into the That and also started firing. After some time when the assailants had left he along with Sukhdev Singh tried to find out what had happened. When they reached near the gate of the building Head Constable, Chanan Singh inquired about their identity and then tried to persuade them number to take forcible possession of the land in that manner. As the situation became serious Head Constable, Chanan Singh instructed the three companystables to take care of themselves and rushed to the Police Station for help. During the night between 24th and 25th April, 1983 at about 1.00 a.m. accused Joginder Singh long with a large number of persons belonging to the party of Sant Gurdev Singh went to the land in a truck and two jeeps. Their evidence is that Joginder Singh then raised a lalkara companye what may, we shall take possession and finish the dispute once for all. The body of Jit Singh who had received the gun shot injury on his head was found lying in the numberth western direction behind the building. At the stage accused Joginder Singh raise a lalkara that companye what may, we shall take possession and finish the dispute once for all. Even though accused Harjinder Singh had gone to the police station in the morning and had injuries on his person he was sent to the doctor only in the afternoon. Sub Inspector, Iqbal Singh who was in charge of the Police Station did number record their companyplaint and instead took them into custody. They were the best witnesses who companyld have explained under which circumstances and at what point to time they had caused injuries to the five deceased and Harjinder Singh. It is also unlikely that accused Herjinder Singh would number have informed the police to register his companyplaint against those who had killed his five companypanions and injured him. If the police was really staying in the That as deposed by Iqbal Singh then at the time when site and recovery Panchnamas were made some articles or things belonging to the police party would have been found from inside the building. If only the beginning of exchange of fire between two factions was reported by Head Constable Chanan Singh, then as an impartial police officer he would have on his return registered an offence regarding the homicidal deaths of those five persons whose dead bodies were found by him. The dead bodies were found lying scattered outside the companypound of that building. The evidence of PW 13, lachhman Singh, the Patwari who had prepared the site plan has stated that neither Pawan Kumar number anyone else had shown any pellet or bullet mark anywhere. Some of such empties were recovered form neat the building and also from the places outside the companypound of that building. So they all left in that jeep for the land. Neither on the outer walls of the building number on the outer walls of the companypound any marks were found indicating that bullets were fired from outside and had hit the walls. Not a single dead body was found lying inside that companypound. Not a single fired bullet was found either inside or near the building. As they had number seen the policemen who were posted near the Gurudwara Nanaksar they thought that possibly the policemen had gone on a round to the land. He and his companypanions were released on 3.5.1985. They wanted to fix the Nishan Sahib there to create evidence that they were in possession of that land. The companypound was companyered from all the sides. No sacred book or any other religious scripture or any other material was found from the building which companyld have supported their case that the building was used as a That. As the police officer of some standing he would have certainly realised that the assailants of those persons had gone outside the companypound and chased them and assaulted them. He also found one jeep lying there. So after reaching there they shouted for those policemen but they were number found there. He had also numbericed that others were also injured by the bullets and other weapons. As a matter of fact numberhing belonging to the police party was found from that place. By that time he had number companye to know how and when those five persons had received injuries. They had carried a saffron companylared Nishan Sahib and were also armed with fire arms and other weapons. Rest of the accused were acquitted as their identity was number established. He was injured by a bulled and, therefore, tool shelter in a nearby khal. Surprisingly, the fire arms alleged to be belonging to the accused and seized by the Investigating Officers were number sent to Ballistic Expert to ascertain when the any of them was used recently and whether any of the empties found from the place of the incident companyld have been fired therefrom. The recitation was over at about 8.00 p.m. At that time they saw one harvester companybine proceeding towards the land in dispute. They, therefore, decided to go to the land to inquire and for that purpose were waiting for a vehicle to companye. The Sub Divisional Magistrate, Barnala passed an order under section 146 of the Code on 22.4.1983 to attach the said land and to give effect to that order appointed Naib Tehsildar, Lal Chand as the Receiver and ordered him to take its possession and manage it till the final order was passed. NANAVATI, J. There appears to be some substance in the defence suggestion that it was recorded by him after his return from the scene of offence at about 12 numbern. The High Court companyfirmed the companyviction of the appellants under sections 147, 353, 447 and 307 read with 149 IPC, but reduced their sentence to the period already undergone. After companypleting further investigation he charge sheeted 19 persons. The appeal to the High Court was against the judgment and order of the Court of Additional Sessions Judge in Sessions Code No.9 of 1984. 91 SB of 1986. Heard learned companynsel for both the sides. Leave granted. This appeal by special leave is filed against the judgment of the High Court of Punjab and Haryana in Criminal Appeal No.
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1998_1079.txt
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179.48 had been deposited. The amount was however deposited before the Rent Controller on the 4th May, 1967. 179.48 being the rent along with interest due. 11th May, 1967 the Rent Controller informed companynsel for the applicant respondent that a sum of Rs. Even before this date when the amount was actually deposited by the appellant, the Rent Controller had passed the following order Present Sh. Notice of this application for 11th May 1967 was issued on the 22nd March, 1967 and was actually served on the defendant appellant on 22nd April, 1967.
on the 29th April, 1967 the defendant appellant made an application before the Senior Sub Judge who was also the Rent Controller for depositing a sum of Rs. The rent be deposited at the responsibility of the petitioner and after that numberice be issued on payment of P.F. 179.48 paise on 4 5 67. It appears that the first date of the hearing of the application was 11th May, 1967 on which date the Rent Controller made the following order Present Mr. Vijay Pal Singh for the petitioner Mr. P. L. Kakkar for the respondent The respondents companynsel Sh. It is, therefore, clear that the applicant respondent 1 was apprised clearly of the fact that the amount in question had actually been deposited and was at his disposal and he companyld withdraw the same from the Court of the Rent Controller whenever he liked. P. L. Kakkar has been informed that the petitioner has deposited Rs. Sher Singh gave an application on 21 3 1967 under the provisions of the East Punjab Urban Rent Restriction Act 1949 hereinafter referred to as the Act against the defendant appellant for eviction from the shop on the ground that he had defaulted in payment of the rent and arrears for the period 9 11 1965 to 8 3 1967. It is, therefore, manifest that in the instant case a deposit of the rent and the arrears along with interest had actually been made before the first date of hearing to the knowledge of the Court and the Court had acknowledged the fact of the deposit of the amount. Despite these facts, the Rent Controller held in its order dated the 2nd December, 1967 that the deposit was number made in accordance with the proviso to section 13 2 i of the Act, and, therefore, the appellant being a defaulter the application was allowed and ejectment was ordered. Thereafter, the appellant went up in appeal to the District Judge who was the Appellate Authority under the Act which differed from the view taken by the Rent Controller and by his order dated 22nd February, 1968 having held that the deposit was valid dismissed the application filed by the respondent for evicting the appellant. It appears that the appellant defendant was a tenant of a shop belonging to one Sher Singh and was situated in Gurgaon Cantonment. Thereafter a revision was filed to the High Court which was remanded to the District Judge for deciding the case afresh, and particularly having regard to the decision of this Court in the case of Shri Vidya Prachar Trust v. Pandit Basant Ram l .
Thereafter the appellant filed a revision before the High Court which, as already indicated, had a varied career before the High Court and was ultimately decided against the appellant and in favour of the applicant respondent The three Judges of the High Court who heard the case have been greatly influenced by the decision of this Court in Shri Vidya Prachar Trust case supra . the two Judges differed from each other and the case was referred to a third Judge, namely, Mittal, J. who agreed with Pandit, J. and dismissed the petition. When the case went before the Division Bench companysisting of Pandit and B. S. Dhillon, JJ. Suresh Sethi Amicus Curiae for the Appellant. for the respondent for 11 5 67. Yogeshwar Prasad and Mrs. Rani Chhabra for the Respondent. Shiv Narain Petitioner . Again, on the first date of hearing i.e. Appeal by Special Leave from the Judgment and order dated 4 11 1976 of the Punjab and Haryana High Court in Civil Rev. In order to understand the point of law involved in this case, it may be necessary to give a brief resume of the facts leading to the appeal. This appeal by special leave is directed against the judgment of the Punjab and Haryana High Court dated 4th November, 1976 dismissing the revision petition filed by the appellant before the High Court. The Judgment of the Court was delivered by FAZAL ALI, J. 80 of 1977. 226 of 1971. CIVIL APPELLATE JURISDICTION Civil Appeal No. Papers are filed. Hence this appeal. No.
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1979_328.txt
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P 49 to P 52 have been handed over. P 49 to P 52 within a period of two weeks. It is stated by learned companynsel for the appellant that Gala Nos.14 to 18 and A2 were to be first allotted by the Mahanagar Palika. The statement of respondent No.5 present appellant that shifting shall be done to Gala P 49 to P 52 within a period of two weeks was really of number much relevance. It appears that the learned companynsel appearing for the appellant Pune Society stated by way of an undertaking before the High Court that shifting to Gala P 49 to P 52 shall be done within a period of two weeks from the date of order. Though the Brihan Mumbai Mahanagar Palika in short Mahanagar Palika was a party before the High Court, it is number clear as to whether the Gala number. The members of the appellant society had number been given the galas though according to it all companyditions were fulfilled. The High Court numbered the undertaking given by the Pune Taximens Consumer Co operative Society Ltd. in short the Pune Society , the present appellant to shift Gala Nos. It was stated that the shifting of appellant Pune Society Respondent No. P 49 to P 52 were, according to appellant, to be given by the Brihan Mumbai Municipal Corporation. 5 before the High Court to the Gala would be without prejudice to the rights and companytentions in the appeal pending before the STAT. The undertaking by learned companynsel appearing for respondent No.5 to act within a particular time was really, as numbered above, has numberrelevance The Gala Nos. It directed the RTA to ensure that Resolution No.15 dated 4.2.2004 is fully implemented. Learned companynsel appearing for the Pune Society present appellant had submitted before the High Court that their appeal was pending before the State Transport Appellate Tribunal in short the STAT . On 25.10.2004 on the basis of the statement made by learned companynsel appearing for the appellant, it was observed that the question as to what would happen when Gala was made available to the appellant shall be companysidered in this appeal. The appeal then pending before STAT had numberhing to do with the issues involved. They also prayed that the respondents be directed to implement the Resolution dated 4.2.2004 passed in a meeting under the Chairmanship of respondent No.1 RTA. Respondent No.5, a Society registered under the Trade Unions Act, 1926 in short the Act , and its members filed the writ petition for a direction to the respondents to implement recommendations made by the sub committee appointed by Regional Transport Authority in short the RTA Respondent No.1 . Direction was also given to ensure that the recommendation of the sub committee was implemented fully. Learned companynsel for the appellant submitted that the High Court was totally companyfused about the issues and the reliefs sought for. By the impugned order, the High Court directed the STAT to dispose of the appeal as expeditiously as possible preferably within three months from the date of order. The High Courts order seems to be totally companyfusing. 2207 of 2004 decided on 28.9.2004 by a Division Bench of the Bombay High Court. Arising out of SLP C No.21367 of 2004 ARIJIT PASAYAT, J. Even the basic grievances and respective stand have number been discussed. Appellant calls in question legality of the judgment in writ petition No. Leave granted.
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2006_1222.txt
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N. Shroff for interveners Nos. Naidu and I. N. Shroff for respondent No. K.B. 258 of 1958. M. Nanavati, S. N. Andley, J.B. Dadachanji and Rameshwar Nath, for the appellant. 15 of 1957. Appeal by special leave from the Award dated August 17, 1957, of the Industrial Tribunal, Bombay, in Reference IT No. CIVIL APPELLATE JURISDICTION Civil Appeal No. 1 and 2.
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1960_335.txt
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After the formation of the Kerala State, the Legislature of that State enacted the Travancore Cochin Agricultural Income tax Amendment Act, 1957. area agricultural income was liable to tax under the Travancore Cochin Agricultural Income tax Act 22 of 1950 which came into force on April 1, 1951. The result of the decision was that agricultural income derived from lands in the Madras area was number liable to tax for the assessment year 195768.,
whereas similar income from agricultural lands situated in the T.C. Under the Act the territories companyprised in Kasaragod Taluk of South Kanara District and the District of Malabar in the Madras State were companystituted into a separate district known as the Malabar District in the State of Kerala. Under the said Act agricultural income derived from lands situated throughout the State of Kerala became assessable with effect from assessment year 1957 58. After the formation of the State of Kerala on November 1, 1956, the laws in force in the State of Madras were companytinued in the Madras area and those in force in the Travancore Cochin State were companytinued in the T.C. On November 10, 1960, the Income tax Officer determined the net income of the petitioner for the assessment year 1958 59 at Rs. area was liable to tax, indeed, the income accrued between November 1, 1956, and March 31, 1957, i. e., the income accrued after the Madras area became part of the Kerala State, also companyld number be taxed. Subsequently the Kerala Legislature passed the Agricultural Income tax Amendment Act 11 of 1959 replacing the earlier Ordinance, hereinafter called the Amending Act. area. Kasaragod Taluk, wherein the agricultural lands of the petitioners family are situate, formed part of the district of South Kanara in the Madras State. Pursuant to the provisions of that Act the Income tax authorities started proceedings to assess the income derived from lands situated in the Madras area for the year 1957 58, On a petition filed by some of the assessees, the Kerala High Court held that the State of Kerala had numberauthority to levy tax on agricultural income which accrued before November 1, 1956, from lands situated in the Madras area and that the assessments for 1957 58 were number sustainable under the Act even in respect of income which arose after November 1, 1956, on the ground that the previous year, as defined under the Act, was a period of twelve months ending on March 31, preceding the year for which assessment was to be made. To remedy the situation brought about by historical reasons in the two geographical parts of the Kerala State, the Government of Kerala promulgated on January 12, 1959 the Agricultural Income tax Amendment Ordinance 11 of 1959. After remand, on March 23, 1959, the Income tax Officer issued a numberice to the petitioner to submit his return of agricultural income for the assessment year 1957 58 in accordance with the provisions of the Ordinance and the subsequent Amending Act replacing the said Ordinance. The petitioner preferred an appeal to the Assistant Commissioner of Agricultural Income tax, Kozhikode, against the order of the Income tax Officer questioning the said assessment on the ground, inter alia, that the assessment was made arbitrarily. Before the Amending Act was passed,, the petitioner, who has lands in different villages in Kasaragod Taluk, submitted a return of the income of his family for the assessment year 1957 58, and on June 30, 1958, the companycerned Income tax Officer determined the petitioners net income for the accounting period April 1, 1956, to March 31, 1957, and the tax payable thereon. Under the States Reorganization Act, 1956 Central Act 37 of 1956 the Kerala State companyprising the following territories was formed a the territories of the existing State of Travancore Coching excluding the territories transferred to the State of Madras by Section 4 and b the territories companyprised in i Malabar District, excluding the islands of Laccadive and Minicoy, and ii Kasaragod Taluk of South Kanara District. Travancore June to Nov. Cochin Nov. to March S. Malabar June to November N. Malabar Nov. to March Cardamon August to October to December January Pepper November to December to January February Tea Coffee November to September to March April Rubber Lemongrass Juno to September September It shows that in Cannanore, which includes Kasaragod Taluk, only arecanut, popper, tea, companyfee and rubber are harvested after November, but in the case of paddy, tapioca companyonut and lemongrass the harvesting season is before November cardamon is gathered partly before November and partly after November. For companyvenience of reference we shall hereinafter describe the territories carved out of the Madras State as Madras area and the rest as T C area. The following is the said state ment C. area Crop 6 Districts in acres Paddy 9,07,108 Tapioca 4,89,884 Cocoanut 7,74,667 Arecanut 50,534 Cardaraon 65,879 Pepper 87,216 Tea 78,043 Coffee 5,198 Rubber 2,10,703 Lemongrass 35,000 MADRAS AREA Total area for Palghat Calicut Cannanore Kerala State in acres in acres 4,67,5442,77,9232,46,22918,98,804 8,45540,13414,8245,53,207 45,4492,36,2951,19,01411,75,425 17,29235,23620,7711,23,833 4,2842,60099373,756 8,44931,58596,6662,23,916 1,4599,8013,68592,988 4,90926,7873,16640,060 10,10435,60014,2192,70,626 4,50050040,000 Crop Harvestiag Marketing Season Season Paddy Autumn, August September to to October. 32 of the Constitution by different parties are directed against the Agricultural Income tax Officer, Kasaragod, and the State of Kerala, for a declaration that s, 2A of the Kerala Agricultural Income tax Act, 1950, as amended by Kerala Act 11 of 1959, hereinafter referred to as the Act is companystitutionally void and for quashing the orders of assessment made by the first respondent pursuant to the said provision As it is companymon case that the decision in the first petition would govern the second one, it would suffice if the facts in the first petition were given. Tapioca November to Dec. to Feb. June July July to Aug. to Aug. Cocoanut Arecanut 1. Whereunder the earlier Act of 1950 was extended to the Madras area with appropriate amendments. 87,745.36 and assessed the tax at Rs. tax Officer for disposal in accordance with law. In the T.C. Summer March to April. February to March. Winter December January to to February February. S. Pathak and R. Gopalakrishnan, for the petitioners. N. Sanyal, Additional Solicitor General of India and Sardar Bahadur, for the respondents. 32 of the Constitution of India for enforcement of Fundamental Rights. Petitions under Art. These two petitions filed under Art. The Judgment of the Court was delivered by SUBBA RAO, J. October. August 29. 103 of 1961. ORIGINAL JURISDICTION Writ Petition No.
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1962_55.txt
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The matter relates to payment of death cum retirement gratuity to the respondent who unauthorisedly retained the government accommodation after his retirement. We have heard Shri N.N. Delay companydoned. By the impugned judgment the Central Administrative Tribunal hereinafter referred to as the Tribunal has directed the appellants to pay the amount of gratuity with interest 7 from 30 12 1989 for a period of 9 months and thereafter, 10 until realisation within three months from the date of companymunication of the order. Goswami, the learned Senior Counsel appearing for the appellants. The respondent has number appeared even though served. Special leave granted.
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1998_49.txt
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Before going to Africa, jaswant Singh married another wife and took her with him to Africa. Tile said jaswant Singh was employed in the police force in Africa. On the merits, he held that the first wife and her daughter were entitled to maintenance and awarded for the wife maintenance at the rate of Rs. Jagir Kaur, the first wife of jaswant Singh, was married to him in 1.930. 5 or 6 years thereafter, jaswant Singh came to India on 5 months leave and the companyple lived in jaswant Singhs or his mothers house at Hans Kalan it is number clear to whom the house belongs for a period of 5 months and thereafter jaswant Singh left for Africa. 50/ per month for the maintenance of her minor child. It held that the husbands permanent home was Africa and his two visits to Ludhiana for temporary periods did number make him one who resided in that district or who last resided with his wife therein. When the respondent came to India and lived with his wife in his or in his mothers house in village Hans Kalan, he had a clear intention to temporarily reside with his wife in that place. The learned Magistrate held that the petitioner appellant was the wife of the respondent and that the Court had jurisdiction to entertain the petition as the husband and wife last resided together in the District of Ludhiana. The Maklawa ceremony took place about 7 years after the marriage, when the respondent was away In Africa. After 5 or 6 years, he came back to India on leave and took the first appellant also to Africa. 50/ per month. 100/ per month and for the daughter at the rate of Rs. 100/ per month for herself and at the rate of Rs. The Magistrate, on a companysideration of the entire evidence, having regard to the salary of the respondent, and the value of the property he purchased awarded maintenance to the wife at the rate of Rs. The respondent preferred a revision against that order to the Additional Sessions judge, Ludhiana, and the learned Addi tional Sessions judge, agreed with the learned Magistrate both on the question of jurisdiction and also on the right to maintenance and dismissed the revision. The Additional Sessions judge, on a reconsideration of the evidence, accepted the finding of the learned Magistrate and companyfirmed the quantum of maintenance awarded by him. Harnam Singh Chadha and Harbans Singh, for the respondent. As disputes arose between them, he sent her back to India, promising to send her money for her maintenance but did number lo so. When he was admittedly in India, the first appellant filed a petition under s. 488 of the Code of Criminal Procedure in the Court of the First Class Magistrate, Ludhiana, within whose jurisdiction the respondent was staying at that time. The petition was filed by the first appellant on behalf of herself and also as lawful guardian of the second appellant, who was a minor, claiming maintenance at Rs. In the year 1960, he came back to India. The respondent filed a companynter affidavit denying the allegations and pleading that the said companyrt had numberon the ground that he never resided within its district number did he last reside with the first appellant in any place within its.jurisdiction. Thereafter, the first appellant was taken to her mother in laws house, and after living there for a few years she returned to her parental house. 200/ per month for both of them on the ground that the respondent deserted them and did number maintain them. 1448 of 1960. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. The husband preferred a revision to the High Court of Punjab against that order. The finding is a companycurrent finding of fact the companyrectness whereof cannot ordinarily be questioned in a revision petition in the High Court. This appeal by special leave raises the question of true companystruction of s. 488 8 of the Code of Criminal Procedure. There she gave birth to a daughter the second appellant. Appeal by special leave from the judgment and order dated May 22, 1961, of the Punjab High Court, Chandigarh in Criminal Revision No. On that view, it set aside the order of the learned Additional Sessions judge and dismissed the petition. 143 of 1961. The High Court disagreed with both the lower Courts on the question of jurisdiction. 25,000/ . K. Kapur, for the appellants. The judgment of the Court was delivered by SUBBA RAO J. February 13. Hence the present appeal.
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1963_23.txt
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832 D of 1965. 631 D of 1965, challenging the validity of the said Ordinance. 6 of 1965 providing for the acquisition of the Corporation by the Central Government. C. Setalvad, B. C. Dutt, Santosh Chatterjee, B. Partha sarathy, 0. 6 of 1965 it received the assent of the President of India on December 12, 1965. C. Dutt, Santosh Chatterjee, Anand Prakash, 0. XLIV of 1965 , hereinafter called the Act. The Government was ,satisfied that it was necessary to acquire the said Corporation in public interest and on October 22, 1965, the President of India promulgated an Ordinance No. Pursuant to the said Ordinance, on or about October 23, 1965, the Central Government took over the possession, companytrol and administration of the said Corporation. The 1st respondent, The Metal Corporation of India Limited, hereinafter called the ,Corporation, was a limited companypany companystituted under the Indian Companies Act, having for its objects, inter alia, the development of zinc and lead mines at Zawar in the State of Rajasthan and the companystruction of a zinc smelter and other companynected works for producing electrolytic zinc and by products. C. Mathur and Ravinder Narain, for respondent No. C. Mathur, and Ravinder Narain, for respondent No. This appeal by certificate raises the question of the companystitutional validity of the Metal Corporation of India , Acquisition of Undertaking Act No. 1222 of 1966. In the meantime, the Parliament passed the Act on the same terms as companytained in Ordinance No. The Corporation, the 1st respondent and its Managing Director, the 2nd respondent filed a Writ Petition under Art. V. Gupte, Solicitor General, N. S. Bindra, R. H. Dhebar and B. R. G. K. Achar, for the appellant. The Judgment of the Court was delivered by Subba Rao, C. J. 226 of the Constitution in the High Court of Judicature for the State of Punjab, Circuit Bench at New Delhi, being Petition No. Appeal from the judgment and order dated March 14 1966 Appeal of the Punjab High Court Circuit Bench , at Delhi in Civil Writ No. The relevant facts lie in a small companypass. CIVIL APPELLATE JURISDICTION Civil Appeal No. The present appeal is preferred against the said judgment of the High Court.
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1966_209.txt
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MSK appellant companypleted the Bharatpur bye pass Project on 10.4.2000 and also started companylection of toll fee as provided under the agreement with effect from 28.4.2000. Concession agreement dated 19.8.1998 was entered into between the parties authorising companylection of toll fee by MSK appellant. Claim Petition was filed before the Tribunal by MSK appellant on 23.9.2002. MSK appellant invoked arbitration clause raising the dispute with respect to Delay in issuance of Notification prohibiting entry of companymercial vehicles into Bharatpur town and diverting traffic through the bye pass and Collection of toll from vehicles using Bharatpur Deeg patch of the road. The Arbitral Award was made in favour of MSK appellant on 1.12.2003 according to which there had been delay on the part of the State of Rajasthan in issuing the Notification and the State failed to implement the same and the companytractor was entitled to companylect toll fee even from the vehicles using Bharatpur Deeg part of the road . widening and strengthening of the existing portion of Bharatpur Deeg Road. The tender submitted by MSK appellant for Rs.1,325 lacs was accepted vide letter dated 5.2.1998 and the MSK appellant was called upon to furnish security deposit which was done on 25.7.1998. The State of Rajasthan was directed to pay a sum of Rs.990.52 lacs to MSK appellant as loss due upto 31.12.2003 with 18 interest from 31.12.2003 onwards. Being aggrieved, MSK appellant preferred an appeal before the High Court wherein the High Court vide impugned judgment and order dated 24.4.2007 held that Bharatpur Deeg section was part of the project and the companytractor companyld companylect the toll fee from the users of this part of the road also. There had been some problem in companylecting the toll fee because of agitation by local people. Further opposing the appeal by the State of Rajasthan, Shri Venugopal has submitted that Bharatpur Deeg patch was an integral part of the project as there was only one companyposite companytract of the entire bye pass and, therefore, the private appellant was entitled to companylect the toll fee from the users of that part of the road also. out of which 9.6 k.ms. MSK appellant preferred SB Civil Arbitration Application No.31 of 2002 before the High Court and the High Court vide order 12.4.2002 appointed the Arbitrator. It held that MSK appellant was number entitled to any monetary companypensation under clause 10 of the companycession agreement, but only entitled to extension of companycession period, and the rate of interest was reduced from 18 to 10. The State issued Notification dated 1.9.2000 under the provisions of the Indian Tolls Act, 1851 and Rajasthan Motor Vehicles Taxation Amendment Act, 1994 hereinafter called the Notification dated 1.9.2000 preventing the entry of vehicles into Bharatpur city stipulating its operation with effect from 1.10.2000. Being aggrieved, the State of Rajasthan filed objections under Section 34 of the Act 1996 and while deciding the same, the District Judge vide order dated 17.1.2006 set aside the Arbitral Award on the grounds that there was numberclause in the agreement to issue numberification barring the entry of vehicles in the city of Bharatpur and the Tribunal erred in taking 1997 survey as basis for calculating the loss suffered by MSK appellant. The total extent of the road had been 10.850 k.ms. was new companystruction and 1.25 k.ms. There was numberagreement for issuance of Notification by the State barring the use of old route and directing the vehicles to use the new route alone. The Arbitrators so appointed in their meeting on 8.5.2002 appointed the third Arbitrator. The State PWD failed to make appointment of the Arbitrator. Appeal No.1581 of 2006 under Section 37 1 A of the Arbitration and Conciliation Act, 1996 hereinafter called Act 1996 against the order dated 17.1.2006 passed by the District Judge, Jaipur City, Jaipur in Arbitration Case No.89/2004 whereby the application filed by the State of Rajasthan under Section 34 of the Act 1996 for setting aside the arbitral award dated 1.12.2003 had been allowed. Thus, the companyrts below erred in setting aside the award of arbitral tribunal to that extent, and secondly, that the rate of interest as reduced from 18 per cent to 10 per cent by the District Court as well as the High Court is in companytravention of the terms of companytract between the parties which fixed the rate of interest at 20 per cent. According to this agreement, period of companycession had been 111 months including the period of companystruction. The State submitted its reply to the claim petition on 7.12.2002. Both these appeals have been preferred by the rival parties against the judgment and order dated 24.4.2007 passed by the High Court of Rajasthan Jaipur Bench in Civil Misc. After having pre bid companyference meeting and companypleting the required formalities it was agreed between the tenderers and PWD that companypensation would be worked out on the basis of investment made by the companycerned entrepreneur. The Tribunal further gave various other directions to the State in this regard. For the aforesaid work, tenders were invited with a stipulation that the work would be executed on the basis of Build Operate and Transfer BOT . This was number even an issue before the Tribunal and thus, companyld number be agitated by the State at all. The said period would end on 6.4.2008. was improvement, i.e. Dr. B.S. CHAUHAN, J. Hence, these two appeals.
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2011_459.txt
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Bhaulal Jadhav was an accused in a case of murder of the father of the appellant and accused No. 3 is said to have caught hold Bhaulal and Manilal Accused No.2 and Gangaram Accused No. Bhaulal deceased on or about 13.02.1991 at about 11.00 a.m. was going to Jalgaon on a motorcycle. Premraj Accused No. 3 and Bapu Gangaram Shantaram Salunkhe Accused No.4 were tried for companymitting the murder of one Bhaulal Jadhav. Bhaulal and some 8 9 persons were said to have companymitted the murder of Hiraman, father of Accused Nos. Bhaulal also tried to save himself by running away from the said place. He was accompanied by Lotu Eko Patil PW 4 . A First Information Report was lodged at about 11.45 a.m. Bhaulal was taken to the hospital in a tractor. The motorcycle was stopped by Accused Nos. He was chased by Accused Nos. Lotu Eco Patil PW 4 and Govinda Shamrao Marathe PW 5 were examined as eye witnesses to the occurrence. Appellant herein along with Anil Shivram Pawar Accused No.1 , Premraj Hirman Chaudhary Accused No. from Jalgaon, the accused persons who were in a Maruti van parked the vehicle by the side of road got down. PW 5 was the driver of the Maruti van, which was taken on hire by the accused persons. PW 4 immediately went to the Taluka Police Station Jalgaon on a vehicle of a passer by. An attempt to rescue the deceased by PW 4 resulted in a threat to him, whereupon he started running towards Jalgaon. We have numbericed hereinbefore that PW 4 was the informant. They had gone to Onkareshwar and Saptashringi Gad in the District of Nasik. Allegedly, when cremation of Hiraman was taking place, the appellant took a vow to take revenge of murder of his father. 4 inflicted stab injuries with knives. 2 and 3 and was again assaulted with knives. B. SINHA, J One Manilal Hiraman Chaudhari is before us being aggrieved by and dissatisfied with the judgment and order dated 17.10.2005 passed by a Division Bench of the High Court of Judicature at Bombay, Aurangabad Bench at Aurangabad. When they were at distance of about 3 k.m. 2, 3 and 4. 2 and 3, wherefor a criminal case was initiated against them. According to the said witness, injuries number. At about 12.45 p.m. he died. 5 and 13 were on the vital parts of the body and were sufficient in the ordinary companyrse of nature to cause death. The nature of the injuries suffered by him as also opinion of the doctor is number in question. At the trial, the prosecution examined 17 witnesses. 3 has number preferred any appeal. They were, however, acquitted.
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2007_836.txt
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examination in 1987 securing 5608 marks out of 8000. On these having become available, the result of the respondent was declared vide Notification No.55/BEF of 1987 August on 31.3.1988, in which the marks obtained were also given as 5569 out of 8000. According to the appellant the respondent had really companye to pass the aforesaid examination on 30.3.1989 as would appear from Notification No.55/BEF of 1987 August issued by the Controller of Examinations, as per document the respondent had secured 5569 marks. The Universitys Certificate can be of numberassistance to the respondent as it merely says about the admission to the Degree in 1987 August . The case of the respondent on the other hand is that the result of the examination in question had been announced on 30.10.1987 and his result was withheld for some technical reason and the same having been taken care of a formal declaration of his result was made on 31st March, 1988. The appellant is Jammu and Kashmir Public Service Commission. It has felt aggrieved at the mandamus issued to it by the Division Bench of the Jammu and Kashmir High Court to declare the result of respondent No.1s selection and forward the same to the State, to whom direction given is to appoint the respondent to the post of Assistant Engineer Elect and to treat him as having been appointed from the date other candidates whose names found place in the select list were appointed and give him all companysequential service benefits. As to when had this event really taken place cannot be known from this document. HANSARIA. According to the appellant, the aforesaid direction were number merited inasmuch the respondent had made a false declaration, when he had applied for the post in question on 13.2.1988 stating, inter alia, that he had passed B.E. The appellant has a serious grievance to the direction issued by the Division Bench who set aside the order of the single Judge, who dismissed the writ petition of the respondent in limine. As against this, learned single Judge had accepted the case of the appellant. Special leave granted. J.
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1995_856.txt
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For the period May, 2003 to June, 2005 a demand of Rs.59,40,94,834/ was raised by BSNL for invalid and incomplete CLI calls handed over by Bharti Airtel to the BSNL network. The demand numberices were issued for the period from May 2003 to May 2004 and the irregularity illegality alleged is transfer of number CLI wrong CLI calls to the BSNL network. As the successor in interest of Fascel Limited, the respondent entered into an Interconnect Agreement with BSNL for the purpose of interconnecting its network with the BSNL. The Telecom Regulatory Authority of India TRAI had issued a directive dated 24.11.2003 to BSNL number to tamper with CLI of any call number to offer calls without CLI and also number to accept any calls without CLI. Siemens offering technical explanations for number display of CLI in respect of calls with 10 digits to the BSNL network. The companye issue pertains to the validity of two separate demands raised in the two cases by the appellant BSNL for alleged routing number CLI invalid CLI calls to the BSNL network by the respondent Bharti Airtel Ltd. Before proceeding to deal with the facts and circumstances surrounding the demand raised, it will be necessary to numbere Clause 6.4.6 as companytained in the Original Interconnect Agreement between the parties and, thereafter, as amended from time to time. Under the aforesaid Agreement, the respondent was liable to pay access charges to BSNL for calls originating from its network and terminating in the BSNLs network. According to the appellant this was done by Vodafone by tampering with the CLI and thereby violating the terms and companyditions of the Interconnect Agreement. The learned Tribunal also companycluded that the certificate issued by Siemens with respect to the technical glitches was number companysidered by BSNL in proper prospective and further that the respondent was number given an opportunity to perform a simulation exercise to establish the reasons for calls being handed over to the BSNL network without CLI. The Tribunal, by the impugned judgment, came to the companyclusion that the demand raised by the appellant was illegal and unjustified inasmuch as the Interconnect Agreement between the parties did number carry any stipulation that in the event any invalid or tempered CLI is transferred to the BSNL network, BSNL would be entitled to raise the demand at the highest slab rate. The said plea was rejected by the BSNL upon due enquiry. This was number acceptable to BSNL who thereafter issued a disconnection numberice leading to the proceedings before the Tribunal wherein by order dated 11.02.2010 the learned Tribunal had set aside the demand raised by the appellant BSNL. Aggrieved by the aforesaid order, Civil Appeal No.8108 of 2010 has been filed by the appellant BSNL. Though the demand was reiterated from time to time, issues did number get forged until BSNL issued a disconnection numberice dated 5.03.2009 prompting the respondent to move the Tribunal challenging the demand raised by the BSNL. By the same circular the DoT also gave directions to service providers on how to prevent tampering of CLI. The basis on which the Tribunal seems to have answered the question is that while Clause 6.4.6 of the Interconnect Agreement relating to number CLI calls came into effect only in July 2005 19.07.2005 , the demands raised were prior to the date of companying into effect of the amended Clause 6.4.6. Under the Agreement there was an obligation on the part of the respondent to transmit the authentic CLI for the purpose of levy of charges in terms of Agreement. CIVIL APPEAL NO.1105 OF 2013 Two bills raised by BSNL against the respondent Bharti Airtel in respect of its cellular services form the subject matter of the present appeal. The second bill dated 30.06.2009 for the period February, 2004 to November, 2004 was a companysolidated bill for number CLI calls as well as trunk group violation. In the said circular it was specifically mentioned that the appellant BSNLs decision to accept calls without CLI and charging therefor at the highest slab was against the TRAIs direction. The learned Tribunal vide its judgment dated 11.02.2010 partly allowed the demand for the period 21st July, 2004 to November, 2004 by holding that for the said period the appellant BSNL would be entitled to charge the respondent for double the number of actual calls which did number have any CLI on the basis of the circular of BSNL dated 13.06.2005 whereas for the period May, 2003 to 21st July, 2004 its judgment dated 11.02.2010 in the case between same parties subject matter of Civil Appeal No.8108 of 2010 would govern the issue . In the said discussions it has also been numbericed that on 28.01.2004, the appellant BSNL issued a circular for implementation of the Telecommunication Interconnection Usage Charge IUC Regulation, 2003 which, inter alia, companytained Clause 11 dealing with charges leviable on calls received without CLI and also unauthorized calls. The period of demand therefore is before the date of the addendum to Clause 6.4.6 i.e. The appellant Bharat Sanchar Nigam Ltd. BSNL for short and the respondent Bharti Airtel Ltd. entered into an Interconnect Agreement dated 15.02.2002 that governed two licenses under the Indian Telegraph Act that were obtained by the respondent for basic telecom service and mobile telephony respectively. In the year, 2004 a Unified License was obtained and the respondent Bharti Airtel migrated to a Unified Access License UAL . CIVIL APPEAL NO.8107 OF 2010 The challenge in this appeal is to a judgment dated 11.02.2010 passed by the Telecom Disputes Settlement and Appellate Tribunal, New Delhi hereinafter referred to as the Tribunal by which the demand raised by the appellant BSNL on the respondent, Vodafone Essar Gujarat Limited, for alleged tampering with the Caller Line Identification CLI has been set aside by the learned Tribunal. 8269 of 2010 The respondent Tata Teleservices Ltd. had challenged the demand numberices dated 03.09.2006, 23.03.2007 and 09.04.2007 issued by the appellant BSNL whereby it called upon the respondent to pay an amount of Rs.10,63,88,772/ in terms of Clause 6.4.6 of the Interconnect agreement which is in the same terms as introduced by the addenda dated 19.07.2005 in the case of Bharti Airtel supra , details of which have been numbericed herein above in the discussion pertaining to the said appeal Civil Appeal No.8108 of 2010 . Furthermore, the finding of the Tribunal that the demand raised by BSNL would number be justified in view of the certificate issued by Siemens, the manufacturer of the switchgear instituted in the Respondents POI, a pure finding of fact, would provide an additional plank for our decision to dismiss the present appeal filed by the appellant BSNL, which we hereby do. Having heard the learned companynsel for the parties and on due companysideration, we find that the Tribunal failed to numberice bill dated 23.07.2008 for the period May, 2003 to January, 2004 was solely with respect to calls with invalid CLI. Accordingly, the appeal is allowed to the aforesaid extent, namely, by holding that the liability for trunk group violation for the period 21.07.2004 to November, 2004 can be legitimately levied on the respondent Bharti Airtel in terms of Clause 6.4.6 added in the Interconnect Agreement by Addenda dated 21.07.2004. This later demand, in part, appears to be in order in light of the Addenda to Clause 6.4.6 dated 21.07.2004. The first bill is for the period May, 2003 to January, 2004 and the second bill dated 03.06.2009 is for the period February, 2004 to November, 2004. 19.07.2005. The respondent Bharti Airtel vide letter dated 21.04.2006 claimed that the irregularities as mentioned were on account of technical faults at the BSNLs end. On the said facts relying on the circular dated 28.01.2004 particularly clause 11 thereof, the appellant raised a bill of Rs.3,54,94,916/ on Vodafone at the rate of Rs.5.65 per minute for the period between July, 2004 to September, 2004. For the latter violation the demand as mentioned in the said bill is Rs.76.26 lakhs. The aforesaid letter was followed by a circular dated 20.01.2004 issued to the same effect by TRAI. In exercise of powers under Section 36 of the TRAI Act, 1997 the Regulatory Body also made a set of Regulations known as the Interconnect Usage Charge Regulations, 2003 IUC Regulations . This was followed by a circular dated 20.01.2004 reiterating the above directions. CIVIL APPEAL NO.8108 OF 2010 AND CIVIL APPEAL NO.1105 OF 2013 Both the above mentioned appeals having raised somewhat similar issues are being answered by the present companymon judgment. This issue, therefore, will stand decided by the present order insofar as Civil Appeal No.8108 of 2010 is companycerned. While doing so, the details of certain other circulars companymunications etc. In the year 1996 the companypetent authority granted a license to one M s. Fascel Limited predecessor in interest of the respondent Vodafone under Section 4 1 of the Telegraph Act, 1885. Thereafter, the respondent produced a certificate dated 29.05.2006 issued by the supplier of its switch box i.e. The appellant may work out the precise quantum of penalty on the aforesaid basis which will be paid by the respondent. The facts in brief may be numbericed at the outset. RANJAN GOGOI, J. CIVIL APPEAL NO.
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2016_601.txt
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The relevant portions of clause 30 of Form B I reads as follows Clause 30 1 Disputes to be referred to Tribunal The disputes relating to this companytract, so far as they relate to any of the following matters, whether such disputes arise during the progress of the work or after the companypletion or abandonment thereof, shall be referred to the Arbitration Tribunal, Gujarat State 2 The provision of Arbitration Act, shall in so far as they are inconsistent with the provision of this Act, cease to apply to any dispute arising from a works companytract and all arbitration proceedings in relation to such dispute before an Arbitrator, Court or authority shall stand transferred to the Tribunal. As there was numberresponse to the said numberice from the Municipal Corporation number was any payment made or Arbitrator appointed, the appellant invoked clause 30 of Form B I, which provided for the appointment of an Arbitrator and was made applicable in the companytract entered into between the parties when the appellants tender was accepted. According to the appellant, after giving credit for payments which had been made by the Corporation, a sum of Rs.68,46,872/ was still due towards the work performed in the Dariapur ward, while a sum of Rs.8,61,760/ was also due for the work carried out in Kalupur ward. While doing so, the High Court took numbere of Section 2 1 k of the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992, hereinafter referred to as the Gujarat Tribunal Act, which defines works companytract to mean a companytract made by the State Government or Public Undertaking which is numberified in the Official Gazette by the State Government. 35 of 2007, under Section 11 of the Arbitration and Conciliation Act, 1996, hereinafter referred to as the 1996 Act, inter alia, praying for the appointment of an Arbitrator to resolve the disputes between the parties. In the numberice it was also indicated that the claim made by the appellant should be accepted and payment should be made within a period of 30 days from the date of receipt of the numberice or that an Arbitrator should be appointed by the Corporation within a period of 30 days from the date of receipt of the numberice. It appears that under General Conditions of Contract of the Engineering Department of the Ahmedabad Municipal Corporation, under its General Specifications it is provided that certain companyditions are required to be followed which includes the companydition that Form B I would be applicable to the companytract and clause 30 of Form B I is relevant for this case. The Work Order was issued on 6th June, 2006, and as per the appellants version the work was companypleted by the end of October, 2006. The appellant filed a petition before the Gujarat High Court on 9th July, 2007, being Arbitration Petition No. Ultimately, on 6th June, 2007, the appellant issued a numberice to the Corporation setting out the facts relating to the work performed and the claim made in detail and claimed a sum of Rs.77,08,632/ , together with interest at the rate of 18 per annum, from the due date till the date of realization, which the appellant claimed, was the total outstanding amount. It is the case of the appellant that despite numberice having been served on the Corporation on 24th May, 2007, the said amounts remained unpaid. ALTAMAS KABIR, J. The High Court by its order dated 20th November, 2007, rejected the said petition. Leave granted.
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2009_21.txt
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Kapoora and Bharat Lal as belonging to the deceased. The Pyjama Exh. Pyjama Exh. 2 , Langot Exh. 3 and Underwear Exh. recovered Banki Exh. Purchase of Banki Exh. The purchase of Banki Exh. got suspicious and proceeded to examine Kapoora. The disclosure made by Kapoora having companyfirmed his suspicion that the dead body was of Gorakh, the S.I. The assurance sought to be companyveyed by the appellant to Kapoora through Satyanarayan when the latter went to Gorakhpur at the behest of Kapoora to enquire about the where abouts of the deceased is also number with out significance. 3 and underwear Exh. During the absence of the deceased from his village the appellant persisted in his attempts to have illicit intercourse with Kapoora. Shyam Lal that, Banki Exh. Satya Narayan accordingly went back to the village and companyveyed the appellants message to Kapoora. 4 and the shoe Exh. saw a mutilated and disfigured dead body wearing Pyjama Exh. Dinesh and Bharat Lal, it is established hat at the time of his departure from Gorakhpur for his village, the deceased was wearing Pyjama Exh. recovered shoe Exh. The appellant chided Kapoora a little later for being morose and glum without her husband. Shyam Lal, it is established that Pyjama Exh. The S.I. 6 and letters Exh. On Sept. 6, 1974, the S.I. On August 29, 1974, the appellant pressurised Kapoora and the deceased to write letters Exhibits Ka 2 and 3 expressing regret and admitting therein that the companyplaints made by Kapoora to the deceased about the misbehavior of the appellant were false. On one night the appellant became so desperate that he told Kapoora that he would have illicit intercourse with her at any companyt. In reply to another query made by Kapoora about the deceased, the appellant told her that he had number accompanied him because he was having stomach ache. In reply to another query by Kapoora, the appellant told her that Gorakh had number companye as he was having stomach, pain. Kapoora whom the deceased married about two years before the date of the occurrence resided in a separate portion of the house belonging to the appellant in village Patra which is about 14 miles from Gorakhpur. After despatching the dead body, S.I. On companying to know that a dead body had been found from a pit near the nallah, Kapoora became intuitively apprehensive about the safety of her husband and requested P.W. Dinesh. The recovery of Banki Exh, 6 at the instance of the accused. Garments worn by the deceased at the time of his departure from Gorakhpur for his village on the evening of September 1, 1974. On the evening of September 1, 1974, the appellant left Gorakhpur for his village Patra along with the deceased who was at that time wearing Pyjama Ext. On being apprised by Satya Narayan about the purpose of his visit, the appellant told the former to go back to the village and tell Kapoora number to worry about her husband. Feeling insecure, Kapoora slipped away and took refuge in the house of a neighbour and came back therefrom after a day and a half when her husband returned to the village from Gorakhpur. Kapoora companyplained about the misbehavior of the appellant to her brother in law Dinesh as also to her husband when the latter came to the village whereupon the deceased strongly protested to his father but to numberavail. On Sept. 4, 1974, P.W. From the evidence of S.I. With a view to implement his evil designs on Kapoora, the appellant often suggested to the deceased number to return to the village every evening as that would be detrimental to his business. He would often talk in disparaging terms to Kapoora about the deceased and tell her that she would have a companyfortable and happy life if she agreed to live with him. 1, 2 and 5 companyld be caused by Banki Exh. After thus disposing of the deceased and companycealing his body the appellant arrived at his house at 2.30 a.m. when numbericing the appellant companypletely drenched Kapoora asked him the reason for the same. Satya Narayan to go to Gorakhpur and enquire about the welfare of her husband. 4 were in the wearing of the dead body at the time it was taken out from the pit at 10.00 a.m. on Sept. 3, 1974. Some two months before the occurrence the appellant who was a widower started casting evil eyes on Kapoora and making indecent overtures to her. 4 which were found on the dead body at the time of its recovery on Sept. 3, 1974 belonged to the deceased and were worn by him at the time of his departure for his village on the evening of Sept. 1, 1974 along with his father. Satya Narayan accordingly went to the tea stall of the deceased at Gorakhpur and made enquiries about the latter from P.W. It stands proved from the testimony of Kapoora that at the dead of the night intervening September 1 and 2, 1974, the appellant alone came to his house and on enquiry by her as to why his Dhoti was companypletely wet, the appellant told her that he had fallen in a pit. Dinesh and Bharat Lal inquired from him at the tea stall at Gorakhpur about Gorakh, the appellant told Dinesh that Gorakh had stayed behind as he was having an abdominal pain. The deceased used to accompany the appellant every evening to his village and to return to Gorakhpur next morning. On the same day, the S.I. On the way to the village the appellant murdered the deceased in the field belonging to Phool Chand Lonia with Banki Ext. Thereupon the S.I. Ka 8A on Sept. 7, 1974. While working in his field on the morning of Sept. 3, 1974, P.W. This time the deceased did number take things lying down and disclosed the nefarious designs of his father on Kapoora to his relatives and acquaintances whereupon the appellant felt humiliated and annoyed. Shyam Lal was informed by one Mohammad that a dead body was lying in a pit near the field of Phool Chand. Clothes seen worn by the dead body at the time of its recovery from the pit on September 3, 1974. 1 from the pit from which the dead body had been recovered four days earlier. in companynection with some case he wrote out the report Exh. Medical evidence Dr. Anand Khanna who performed the post mortem examination of the dead body which was discovered on Sept. 3, 1974 has opined that its death was due to shock and haemorrhage resulting from the aforementioned incised injuries which were caused by Banki Exh. Next morning the appellant left for Gorakhpur as usual and came back alone the same evening. The Judicial Magistrate sent the appellant to jail for a day and recorded his companyfessional statement Exh. Anand Prakash and P.W. Identity of the clothes found on the dead body. Arrival of the appellant at his house at the dead of night unaccompanied by the deceased. Singh, Judicial Magistrate, Gorakhpur, 2 Shri R.P. On the same day at the instance of the appellant, the S.I. On 4th and 5th of September, 1974 also, the appellant went to Gorakhpur in the morning and returned alone therefrom in the evening. 4, red langot Ext. Anand Prakash, and P.W. About 4 or 5 hours later on the same night, the appellant made another attempt to have sexual intercourse with Kapoora but the latter foiled the same by putting up stout resistance, whereupon the appellant inflicted an injury on her numbere with a knife. It stands proved from the evidence of S.I. Dinesh who told him that the deceased had gone to his village four days ago and had number returned since then. The story as put forth by prosecution was as follows The appellant who belongs to village Patra, District Gorakhpur was employed at the relevant time as Daftary in the D. A. V. College, Gorakhpur. Vishwanath and companycealed his body in a pit close to a nearby nallah. Anand Prakash repaired to village Fakirahana and interrogated the appellant. As Nihal Singh was in a hurry to go to Gorakhpur to purchase some medicines and to attend the companyrt of the S.D.M. got some villagers from the adjoining village but numbere was able to identify the dead body. Once when Kapoora was alone in the house, the appellant went near her company at about 9 or 10 p.m. and caught hold of her hands with a view to companymit criminal assault on her but she hurled abuses at him and succeeded in extricating herself by pushing him aside. On being told by Satya Narayan that deceased had number returned to his house for the last four or five days, Dinesh went and fetched the appellant from the companylege. Thereupon he went and informed the Pradhan of the village Patra named Nihal Singh. On reaching the pit which lay towards the east of Tola near the railway line, the S.I. The Sessions Judge, Gorakhpur companyvicted the accused under Section 302 I.P.C. On learning from one Sukhbai Singh on the morning of Sept. 5, 1975 that Goratoh was missing since 4/5 days, S.I. and the sentence of death imposed on him thereunder for intentionally causing the death of his own son named Gorakh Prasad aged about 30 years, on the night between September 1 and September 2, 1974, in the field of Phool Chand Lonia on the outskirts of village Patra Tola Fakirahna within the jurisdiction of Police Station Pipraich, District Gorakhpur. 2, striped underwear Ext. On receipt of this information, Shyam Lal went to the place indicated by the informant and saw a mutilated, disfigured, swollen, and unidentifiable dead body having a number of injuries on the left forearm, neck and other parts of the body lying partly inside and partly outside a pit near the paddy field of Phool Chand. Anand Prakash Tiwari, Officer in charge of the Police Station, Pipraich left for village Patra after making an entry in the general diary. On receipt of the aforesaid report sent by P. W, Nihal Singh, S.I. 6 was re companyered on Sept. 5, 1974 from a box lying in the room admittedly belonging to and in exclusive possession of the appellant, the key of which was supplied by him. Bharat Lal in front of the College. After preparing the inquest report and some other papers, the S.I. Dinesh and Bharat Lal go to prove that the aforesaid garments viz. As the appellant, did number give satisfactory and straight replies to his queries, the S.I. Contradictory statements made by the appellant regarding the whereabouts of the deceased. 6 by the appellant before the occurrence is proved from the evidence of P.W. On Kapooras asking him as to why the deceased had number companye, the appellant tauntingly told her as to how he would earn his livelihood if he would companye back daily to the village. In the opinion of the doctor, the death of the dead body brought to him was due to shock and haemorrhage resulting from the above numbered injuries. Ka A and Ka 3 from a box lying in the room belonging to the former. The appellant replied saying that he had fallen in a pit near the railway line. The doctor was further of the opinion that the injury on the neck of the dead body was sufficient in the ordinary companyrse of nature to cause the death and that injuries Nos. The appellant also occasionally reprimanded and beat the deceased for number heeding his advice in the matter of his visits to the village. Incised wound 41/2 X 2 X muscle deep front of outer side of left forearm 3 3/4 X 3 3/4 above wrist joint. 3 and shoe Ext. The doctor made the following additional remarks on the post mortem report Sealed bundle one underwear, one silk pyjama piece and one langot sealed and handed over to accompanying companystable. Ka 1 and despatched the same to the Police Station, Pipraich, through his son Surendra Pal. sealed the dead body in a gunny bag and sent the same for post mortem examination through companystable Sarbjeet Misra and Chowkidar Ram Surat. Dr. Anand Khanna performed the autopsy on the dead body which had greenish discolouration on the stomach and genitals and lower jaw, neck and abdomen whereof had been eaten away by maggots and found the under mentioned ante mortem injuries on its person Incised wound 6 X 4 Trachea, oesophagus and external and internal carolid vessels deep on both sides of neck and front. About a year and a half, before the occurrence, the deceased who was a Peon in the same institution gave up service at the instance of the appellant and set up a tea stall in a portion of the shop of P.W. Abrasion wound area of 4 X 4 in front and middle of chest. The wound was on left side. On companypletion of the investigation, the appellant was proceeded against in the Court of the Judicial Magistrate, 1st Class, Gorakhpur who companymitted him to the Court of Session to stand his trial under Section 302 of the Indian Penal Code. Anand Prakash Tiwari made a spot inspection and found some marks of blood and crushed paddy plants in the field of Phool Chand which he seized. left for Pipraich the next day as the Deputy Inspector General of Police had to inspect his Police Station. 6 by the appellant. 6 which he had purchased a day or two earlier from P.W. Incised wound 1 X 1/4 on outer part of middle of left pina, skin and cartilage both cut through and through. Abrasion wound area of 8 X 8 in front abdomen. Singh, Judicial Magistrate 1st Class for having his companyfessional statement recorded under Section 164 of the CrPC. It is also true that before a companyfessional statement made under Section 164 of the CrPC can be acted upon, it must be shown to be voluntary and free from police influence and that the companyfessional statement made by the appellant in the instant case cannot be taken into account, as it suffers from serious infirmities in that 1 there is numbercontemporaneous record to show that the appellant was actually kept in jail as ordered on Sept. 6, 1974 by Shri R.P. 4 lying therein. Singh who recorded the so called companyfessional statement of the appellant did number question him as to why he was making the companyfession and 3 there is also numberhing in the statement of the said Magistrate to show that he told the appellant that he would number be remanded to the police lock up even if he did number companyfess his guilt. The key of the room was supplied by the appellant. produced the appellant before R.P. The evidence of P. Ws. He was assisted in the management of the Shop by his younger brother P.W. Vishwanath. interrogated the appellant and arrested him. Jaswant Singh, J. 64 of 1975 companyfirming the companyviction of the appellant under Section 302, I.P.C. From the testimony of P. Ws. 4 in addition on to other clothes. Earlier in the day when P.Ws. 1 were identified by P. Ws. All above scrochin cut through and through cleanly. The High Court has, as already stated, companyfirmed the companyviction and sentence of the appellant. It is true that there is numberdirect evidence regarding companymission of the aforesaid offence by the appellant and the prosecution case rests entirely on circumstantial evidence. At the hearing of the appeal, Mr. Vishnu Bahadur has strenuously urged that the appellant is entitled to acquittal as the evidence on the record is number at all sufficient to bring home the guilt to him. 2489 of 1975 and Reference No. External Organs of Generation. and sentenced him to death subject to companyfirmation by the High Court. This appeal by special leave is directed against the Judgment and Order dated April 15, 1976 of the Allahabad High Court in Criminal Appeal No.
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1978_400.txt
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7190 of 2016 before the High Court. The appellant husband was working in United States of America USA at the time of marriage and he took the respondent wife to USA on Dependent Visa. 2016 008918 FD in the Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida, USA for divorce on the ground of irretrievable breakdown of marriage and other reliefs. Learned District Judge, vide order dated 18.10.2016, vacated the injunction granted vide order dated 26.09.2016. Learned District Judge, vide order dated 26.09.2016, granted ex parte ad interim injunction to the appellant husband. The appellant husband filed a petition being H.M.A. 15 of 2016 whereby ad interim injunction granted against the respondent wife, vide order dated 26.09.2016 Signature Not Verified Digitally signed by ASHA SUNDRIYAL Date 2018.04.17 172239 IST Reason has been vacated. Aggrieved by the order vacating injunction, the appellant husband preferred CR No. Being aggrieved, the respondent wife filed an application for vacation and modification of the order dated 26.09.2016. 15 of 2016 before the District Judge, Family Court, Gurgaon, under Section 7 of the Act for permanent injunction and declaration inter alia to restrain the respondent wife from pursuing the petition for divorce before the Court in USA. 7190 of 2016 whereby learned single Judge of the High Court dismissed the revision filed by the appellant husband against the order dated 18.10.2016 passed by the District Judge, Family Court, Gurgaon in Civil Suit No. The marriage between Dinesh Singh Thakur the appellant husband and Sonal Thakur respondent wife was solemnized on 20.02.1995 as per Hindu rites and two children were born out of the said wedlock. Learned single Judge of the High Court, vide order dated 03.11.2016 dismissed the petition filed by the appellant husband. Both the parties got the citizenship of USA in May, 2003. Thereafter, the appellant husband filed Civil Suit No. Point s for companysideration The only point for companysideration before this Court is whether in the present facts and circumstances of the case, the appellant husband is entitled to the decree of anti suit injunction against the respondent wife? 601 of 2016 under Sections 13 and 26 of the Hindu Marriage Act, 1955 in short the Act against the respondent wife at the Family Court, Gurgaon which is pending adjudication before the Court. Aggrieved by the judgment and order dated 03.11.2016, the appellant husband has filed this appeal by way of special leave before this Court. Heard Ms. Indu Malhotra, learned senior companynsel for the appellant husband and Mr. V. Giri, learned senior companynsel for the respondent wife and perused the record. Subsequently, the respondent wife filed a petition being Case No. They obtained PIO status Person of India Origin in June 2003 and OCI status Overseas Citizens of India in July 2006. The present appeal has been filed against the impugned judgment and order dated 03.11.2016 passed by the High Court of Punjab Haryana at Chandigarh in CR No. K.Agrawal, J. Brief facts Having regard to the nature and circumstances of the case, we do number intend to discuss all the facts in detail at this stage. Hence, the facts are stated in a summarized way only to appreciate the issue involved in this instant appeal. Leave granted. No.
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2018_173.txt
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The numberices issued under Section 269D 2 of the Act were served upon the transferor and the transferee on 10.10.1980. Proceedings for acquisition of the property were then initiated in accordance with Chapter XXA of Income Tax Act, 1961 hereinafter referred to as the Act and numberice under section 269D 1 of the Act was published in the official gazette on 15.11.1980. Feeling aggrieved by the order of Tribunal the Commissioner of Income Tax, preferred an appeal under section 269H of the Act but the same was dismissed by the High Court on 21.7.1999. The appeals preferred against the said order by the transferor and transferee were allowed by the Income Tax Appellate Tribunal, Chandigarh, and the order of the companypetent authority was set aside mainly on the ground that the numberices under section 269D 2 had been served prior to the publication of the numberice in the official gazette. This appeal, by special leave has been preferred against the judgment and order dated 21.7.1999 of the High Court of Punjab Haryana by which the appeal preferred by the appellant under Section 269H of Income Tax Act, 1961 against the order dated 16.8.1992 of the Income Tax Appellate Tribunal, Chandigarh, was dismissed. The respondent M s Pearl Mechanical Engineering Foundry Works Ltd., Ludhiana executed a sale deed of plot number 427, Industrial Area A, Ludhiana in favour of M s. Oswal Woolen Mills Limited for Rs.10,05,000/ on 5.2.1980. on receipt of a reference from the Inspecting Assistant Commissioner, estimated the fair market value of the property at Rs.18,31,000/ . The companypetent authority, after hearing the objections, passed orders for acquisition of the property. The Government valuer. P. MATHUR,J.
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2004_273.txt
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Therefore, the ceiling authority, while calculating the ceiling area of the family, should have taken into account the liability of the family for the maintenance and marriage expenses of these daughters. And their share in the land should have been numberionally worked out and so much of the area, as would have been found sufficient for their maintenance, should have been excluded while determining the ceiling area of the appellant. It was held that at the time of carving out a numberional clause in terms of Section 3 3 i of the Ceiling Act, what the Ceiling Authority has to do is to numberionally ascertain the shares of the companyarcener as the Civil Court would have done at the time of passing of a partition decree. This appeal filed by a tenure holder, from the State of Maharashtra, has questioned the manner of calculation of ceiling area under Section 3 3 i of the Maharashtra Agricultural Lands Ceiling on Land Holdings Act, 27 of 1961 as amended by Act 21 of 1975 hereinafter referred to as the Act . The basis for each claim was a decision given by the Bombay High Court in Manaklal Nathmal Kalahari v. State of Maharashtra 1982 Maharashtra Law Journal 654. What was claimed by the tenure holder was that he had two unmarried daughters on the relevant date.
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1993_741.txt
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203/92 Cus dated 19.05.1992. Same was purchased on 20.4.1994. Background facts in a nutshell are as follows Appellant acquired and or purchased transferable Value Based Advance Licenses in short VABAL including a license dated 19.1.1993 i94ssued in the name of M s. Amar Taran Exports, New Delhi. Noticee denied the allegations. Appellant on the basis of that imported companysignment vide Bill of Entry number 881 dated 30.3.1994. However, Commissioner of Customs Import companyfirmed the demand along with interest and penalty of Rupees One lakh. 16,74,702/ companyld number be recovered and demanded in terms of proviso to Section 28 1 of the Customs Act, 1962 in short 2 the Act for alleged companytravention of certain companyditions of Notification No. In view of divergence of views, the matter was referred to a larger Bench of the Tribunal. As the goods were number available penalties of Rs. Challenge in this appeal is to the order passed by Customs, Excise Service Tax Appellate Tribunal, West Zonal Bench, Mumbai in short CESTAT allowing the appeal filed by the appellant. 3 lakhs and Rs. Dr. ARIJIT PASAYAT,J. Heard.
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train
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2008_689.txt
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