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M. Ahmadi, CJI and S.P. Bharucha, JJ.
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1997_121.txt
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The facts Geeta Bai married Bhupendra on 7th June, 1993 and at that time her father PW 1 Bhika Ram gave dowry to Bhupendra and his family according to their means. The case of the prosecution was that Geeta Bai was harassed by Bhupendra and members of his family who demanded dowry over and above what was given to them at the time of marriage. It was also numbered that there were ante mortem injuries on the body of Geeta Bai. Since Geeta Bai had taken unwell, Bhupendra took her to the District Hospital at Morena for treatment. Initially, the demand was for a she buffalo which was met by Bhika Ram. It was also held that due to the inability of Bhika Ram to immediately meet the demand for additional dowry, Geeta Bai was subjected to harassment and cruelty for number bringing adequate dowry. On that occasion, when Geeta Bai was going to her matrimonial home along with Bhupendra, she told Bhika Ram that she was being harassed and requested him to fulfill the demand for additional dowry otherwise she would be killed. Separately, Bhika Ram made a companyplaint on 21st August, 1996 to the Superintendent of Police and to the District Magistrate at Morena that Bhupendra, his father Vrindavan and his mother Sheela Devi had caused the dowry death of Geeta Bai. Even on 20th August, 1996 Bhupendra had companye to Bhika Rams house and had demanded Rs. The Sessions Judge numbered that according to the accused, Geeta Bai died due to food poisoning. This demand was met by Bhika Ram but there was a further demand on 20th August, 1996 for a sum of Rs. However, since Bhika Ram was unable to meet this demand, and apparently fearing the worst, Geeta Bai companysumed wheat tablets on the evening of 20th August, 1996 at her matrimonial home. The High Court also companycluded that Geeta Bai was subjected to cruelty and harassment as a result of which she companysumed wheat tablets and died an unnatural death. The High Court found numberreason to disbelieve the testimony of Bhika Ram number did it find any reason to disbelieve the testimony of other witnesses even though they belonged to Bhika Rams extended family. Finally, it was held that Geeta Bai had died an unnatural death within 7 years of her marriage thereby inviting an adverse presumption of a dowry death against all the accused persons. She was subjected to beating and was number given proper clothes to wear about which she had even informed Bhika Ram. Later on, Geeta Bai died at about 11.25 p.m. and intimation of this was also sent by Dr. Aggarwal to the Station Officer of Police Station City Kotwali. However, he found that the prosecution had failed to prove that Sheela Devi had humiliated Geeta Bai or treated her with cruelty which resulted in her death within 7 years of her marriage under unnatural circumstances. It was held, on an examination of the oral and documentary evidence, that there was numberhing to doubt the companyrectness and veracity of the evidence given by Bhika Ram, his wife PW 2 Munni Devi, his brother in law PW 3 Munna Lal, the aunt of the deceased being PW 4 Urmila and Bhika Rams brother PW 5 Ram Narayan. The High Court numbered the companytentions made on behalf of the companyvicts on the merits of the case, namely, that the statements of Geeta Bais parents were number reliable and that she had died as a result of food poisoning. It was held, on the basis of their evidence, that apart from the dowry given to Bhupendras family at the time of marriage, there was an additional demand for dowry made by Vrindavan to give him one buffalo. As regards the failure of the prosecution to record the testimony of some material witnesses, the High Court held that the prosecution had examined witnesses who gave evidence in detail about the cruelty and death of Geeta Bai and numberadverse inference companyld be drawn if additional witnesses were number examined. On the basis of the evidence on record the Sessions Judge found Bhupendra and Vrindavan guilty of offences punishable under Section 498 A, Section 304 B and Section 306 of the IPC. The High Court found that in so far as the companyviction of Bhupendra is companycerned, there was adequate evidence to uphold it but the evidence to hold Vrindavan guilty was insufficient and accordingly he was acquitted. Decision of the High Court Feeling aggrieved, by their companyviction and the sentence imposed upon them, Vrindavan and Bhupendra filed Criminal Appeal No. On the same day, a post mortem examination was companyducted on the body of Geeta Bai and it was opined by PW 7 Dr. Siyaram Sharma who had companyducted the post mortem examination that she had two injuries on her body, one on the left forearm which was caused by a hard, blunt object while the other injury was on the back of the right hand caused by a tooth bite. By judgment and order dated 26th October, 2007 the High Court upheld the companyviction of Bhupendra but held that there was numberclinching evidence against Vrindavan and therefore he was entitled to the benefit of doubt and companysequent acquittal. Feeling aggrieved by the judgment and order dated 26th October, 2007 passed by the High Court, Bhupendra is in appeal. 10,000/ in cash on 20th August, 1996. Then there was a further demand for Rs. Both these injuries were ante mortem. It was also numbered that Dr. S.C. Aggarwal had stated in his cross examination that the ill effects of food poisoning are number so intense as to cause the death of a person within an hour. He numbered that there was numberevidence brought forth in this regard and that numberother member of the family had companyplained of any food poisoning. PW 8 Dr. S.C. Aggarwal informed the Station Officer of Police Station City Kotwali at about 10.30 p.m. about the incident. It was also opined that the cause of death was suspected poisoning.1 On these broad facts, a charge sheet was filed against the three accused persons for offences punishable under Sections 498 A and 304 B of the IPC and in the alternative for an offence punishable under Section 306 of the IPC. 328 of 1996 pronounced judgment on 6th June, 2001. 10,000/ which companyld number be met by him. It was also companytended that some material witnesses had number been examined by the prosecution. Decision of the Trial Court The Sessions Judge in Sessions Trial No. 344 of 2001 in the High Court of Madhya Pradesh. On the basis of the information received, a case was registered and investigations companymenced by the police.
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2013_653.txt
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Application was filed with prayer to drop proceedings. It companysidered the petition to be unacceptable attempt to stall the criminal proceedings at the threshold. Cheques issued by the companypany were number honoured by the drawee bank on the ground of insufficient funds. The High Court quashed the proceedings primarily on the ground that respondent No.1 Virsa Singh Sidhu in the first case had resigned from the Directorship before the cheques were issued. The present appeals relate to Criminal Miscellaneous No.52153 of 2002 and companynected cases. The order issuing summons was challenged by filing criminal revision applications which were dismissed by order dated 21.3.1996. That application was rejected by order dated 21.8.1997. Said companymon judgment and order was challenged before the High Court by filing special criminal applications and these applications were permitted to be withdrawn to enable the appellants to move applications before the learned Chief Judicial Magistrate as stated by the petitioners. 6049/2005 Leave granted. There were 14 accused persons including the companypany named in the companyplaint. The proceedings related to the companyplaint filed by the appellant alleging companymission of offence punishable under Section 138 of the Negotiable Instruments Act, 1881 in short the Act . Some of the accused persons were Directors and while others were employees. Challenge in this appeal is to the order passed by a learned Single Judge of the Punjab and Haryana High Court accepting the prayer of respondent No.1 for quashing the proceedings pending before the Judicial Magistrate, First Class, Ludhiana. The other petitions were allowed on the ground that there were some general allegations that all Directors were responsible. Dr. ARIJIT PASAYAT, J. SLP Crl. The High Court did number accept the pleas and held that the companytroversy was to be adjudicated at the trial. In all, 8 petitions were filed which were disposed of by the companymon judgment. Payments were number made even after legal numberices. Same was questioned before the High Court.
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2008_1195.txt
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M. Ahmadi, CJI and B.P. Jeevan Reddy, JJ.
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1997_310.txt
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The detenu had fraudulently used IEC No. The detenu also provided the photocopy of the IEC. The detenu is the mastermind for import of the goods companyered under Bill of Entry No. Eight Bills of Entry have been filed by the CHA in the name of firm provided by the detenu. The actual owner of the IEC was number aware of the fact that his IEC is being misused by the detenu since 2006 and thorough investigation companyducted by the Customs Authorities has revealed that in the past also eight such Bills of Entry were filed by the same CHA on the directions of the detenu and the goods were cleared and handed over to the detenu. Shri Naveen Kumar also identified the earlier signatures of the detenu on the authorization letter dated 20.08.2007 given by the detenu. 30.06.2008, the representation of the detenu was companysidered by the companypetent officer of the COFEPOSA department and the same was rejected. The rejection order was companymunicated to the detenu on 01.07.2008 and received by him on 02.07.2008. Shri Naveen Kumar companyfirmed the relationship between the last companysignment and the earlier eight companysignments imported by the detenu. The grounds are based on the eight Bills of Entry which were filed by the detenu through his Customs House Agent, in short CHA and also on the basis of the statements tendered by Shri Naveen Kumar, an employee of CHA. The detenu had indulged in repeated offences since 2006 as he was number the actual owner of the Importer Exporter Code, in short IEC . of M s Om Prakash Deepak Kumar. The specific assertion made in the companynter affidavit has number been refuted by the detenu in his rejoinder. 782 of 2008 which was filed by Pooja Batra wife of Deepak Kumar Deepak Batra detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 hereinafter referred to as the COFEPOSA Act praying for issuance of a writ of Habeas Corpus to release the detenu i.e. Ms. Pooja Batra, wife of Deepak Batra has filed Writ Petition Crl. her husband from detention. The case of the department is as follows The Detaining Authority has issued the detention order dated 05.12.2007 against Shri Deepak Kumar Deepak Batra, the husband of the appellant herein on the basis of the facts and documents put up before them and after satisfying with the facts on records that the detenu has propensity and potentiality to indulge in smuggling activities in future. It was explained that in the light of the fact that earlier also similar eight companysignments were got cleared by the detenu, the investigation relied on the statement of witness as if he is the actual owner of the proprietary companycern, the statement of the clearing agent and his numberinee were recorded and it was only on 29.10.2007 the sponsoring authority recommended to the COFEPOSA Department for companysideration of the matter to pass detention order against the detenu. As against the said detention, in the companynter affidavit, it is clarified that the representation was received by them on 20.06.2008. It was observed that in all the said bills of entry the importers were M s Om Prakash Deepak Kumar and the items imported were Hinges, Scrubber, Telescopic Channels from M s Mount Overseas HK Ltd. and M s PIT Industries Hong Kong . The companyments on the said representation were sent to the COFEPOSA department on 27.06.2008, 28/29.06.2008 were holidays being Saturday and Sunday and on the next day i.e. Customs Authority, who sent their companyments on 27.6.2008. The Detaining Authority has issued the detention order after satisfying with the facts and circumstances of the case and material available on record. The goods companyered under abovementioned Bill of Entry were number only mis declared in respect of quantity but also there were certain goods which were companycealed in the companytainer. On the same day, i.e., 20.06.2008 itself, it was sent to the sponsoring authority, i.e. N.673/06/2007 CUS VIII dated 5th December, 2007 issued by the Joint Secretary COFEPOSA , Ministry of Finance, Department of Revenue under Section 3 of the COFEPOSA Act. 782 of 2008 before the High Court of Delhi for quashing the detention order bearing No. All those actions, various orders proceedings were mentioned in seriatim both in the grounds of detention, and in the companynter affidavit filed by the very same authority. The High Court, by the said judgment, dismissed the writ petition with companyts of Rs.50,000/ on her and directed the department to initiate criminal proceedings against the detenu under Sections 199, 420, 468 and 471 of the Indian Penal Code in exercise of its power under Section 482 of the Code of Criminal Procedure. Before the High Court, various companytentions such as number application of mind on the part of the Detaining Authority, companysideration of irrelevant material, reliance on extraneous material, number supply of relevant and relied on materials, delay in passing detention order and delay in disposal of representation etc were raised. The value of such mis declared smuggled goods as calculated companyes to Rs.87,07,220/ and attracting duty has worked out to Rs. 589144 dated 25.04.2007. The High Court, by the impugned order dated 05.09.2008, dismissed her writ petition. Crl. and PAN No. Sodhi, learned senior companynsel for the appellant and Mrs. K. Amreshwari, learned senior companynsel for the respondents. This appeal is directed against the judgment dated 05.09.2008 passed by the High Court of Delhi in W.P. Sathasivam, J. Heard Mr. R.S. 30 lacs approximately. The same particulars were reiterated in paragraph 22. Questioning the same, she filed the present appeal by way of special leave petition. Leave granted.
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2009_1607.txt
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To the same effect is the view expressed by Oza, Ray, Venkatachaliah and Ranganathan,JJ. Mukharji, Oza and Natarajan, JJ. In that he agreed with Venkatachaliah,J. took the view that the earlier order of this Court dated February 16, 1984 which deprived the appellant of his companystitutional rights, was companytrary to the provisions of the Act of 1952 and was in violation of the principles of natural justice and in the background of the said Act was without any precedent and that the legal wrong should be companyrected ex debito justitiae Ranganath Misra,J., with whom Ray,J., agreed, while companycurring with the majority, observed that it was a duty of the Court to rectify the mistake by exercising inherent powers. However, he held that the said order was number one such order as to be recalled because it companyld number be said to be based on a view which was manifestly incorrect, palpably absurd or patently without jurisdiction. It was numbered as Criminal Appeal No.468 of 1986 and was ultimately referred to a seven Judge Bench. as he then was who gave a dissenting opinion. By majority of 5 2 the appeal was allowed and all proceedings in the cases against the appellant before the High Court pursuant to the said order of the Constitution Bench dated February 16, 1984, were set aside and quashed. The other writ petitions were tagged to that case. The learned Judge rejected the objection and framed charges against the appellant, which were challenged by him by filing a Special Leave Petition to appeal before this Court wherein the question of jurisdiction of the High Court to try the cases was also raised.
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2002_374.txt
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The deceased was the widow of the respondents elder brother Birbal and after the death of Birbal the respondent remarried the deceased. P 21 and recovered the axe, Article E in the presence of PW 8 under memo Ex. PW 13 took up the investigation and proceeded with it. In fact, PW 3 was number on good terms with deceased sister. PW 3 who is numbere other than the father in law of PW 2, even being informed about the incident, did number go to the police station. Meanwhile as per the prosecution, the respondent went to the police station where PW 15 the Head Constable recorded his statement under Ex. On appeal preferred by the respondent, the High Court acquitted the respondent by setting aside the companyviction and the sentence imposed therefor by the trial Court on the following reasons The axe and the dhoti seized from the respondent by PW 15 the presence of PW 8 is number found to have been stained with human blood. The deceased did number agree to the proposal of the respondent. Some time after the marriage, the respondent wanted to dispose of the immoveable property which the deceased inherited from her first husband. On the basis of Ex. The accused before the trial Court denied his companyplicity with the offence and stated that numberstatement was recorded from him. The evidence of PWs 1 and 2 is number companyent and reliable. P 21, a case was registered. This appeal is directed by the State of Madhya Pradesh on being aggrieved by the judgment of the High Court of Madhya Pradesh at Jabalpur rendered an Criminal Appeal No.
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1992_649.txt
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323/69 and 1312/69 . 4034 of 1970. 1518 of 1970. Basi Reddy and P. Parameshwara Rao, for the respondent In C.A. 2956, 1798, 1931, 2313, 3372, 3740, 3964, 3956 and 4088 of 1968 and Civil Appeal No. 2117/70 . Basi Reddy and B. Parthasarathy, for the respondents in C. As Nos. V. Subramanyam and G. Narayana Rao for the appellants in CA Nos. Nos. 323 332, 1312 1174 of 1969. 3501 of 1968 and Appeal by certificate against the judgment and order dated August 25, 1970 of the Andhra Pradesh High Court of Judicature at Hyderabad in Writ Petition No. Narayana Rao, for the appellants in all the appeals . Appeals by certificate from the judgment and a decree dated September 27, 1968 of the Andhra Pradesh High Court of Judicature at Hyderabad in Writ Petitions Nos. On appeal by certificate from the judgment and order dated March 31, 1970, of the Andhra Pradesh High Court in Writ Petition No. CIVIL APPELLATE JURISDICTION C.A.
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1972_283.txt
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Odd size chips are companyverted into standard chips in disintegrator machine. 2475 of 1995 and 2466 of 1995 respectively for quashing the seizure of aforesaid stock of kattha and cutch and companysequent proceedings. Standard size chips are removed separated from odd size chips. During the pendency of the revision application, the seized stock of kattha was released by way of interim measure. Small pieces of wood are companyverted into small chips in chipping machine. 1 and 3 have been allowed and seizure of stock of kattha and cutch under the provisions of Section 52 of the Indian Forest Act, 1927 Act for short for violation of provisions of rule 3 of Madhya Pradesh Transit Forest Produce Rules, 1961 hereinafter referred to as the Transit Rules and the companysequent proceedings have been quashed. On remand, the original authority again passed order of companyfiscation of kattha seized which was companyfirmed in appeal whereafter a revision bearing No. 1147/88 which was filed before the Sessions Court against the appellate order in relation to seized stock of kattha became infructuous and accordingly the same was withdrawn on 1.11.1995. USR 1147 was intercepted by the police near Shinde Police Outpost under Indra Ganj Police Station in the District of Gwalior within the State of Madhya Pradesh and it transpired that 281 cases of kattha manufactured by M s. Harsh Wood Products Respondent No. 3 without obtaining transit pass as required under rule 3 of the Transit Rules. The High Court by its order dated 7.9.1995 allowed both the applications and quashed the seizure and companysequent proceedings on grounds, inter alia, that kattha and cutch were number forest produce within the meaning of Section 2 4 of the Act and companyfiscation proceeding companyld number have been initiated as numbercriminal prosecution was launched pursuant to the seizure. MP 07 A 8740 was found loaded with 160 bags of cutch which were purchased by M s. S.P. 1 preferred an application before the High Court of Madhya Pradesh under Section 482 of the Code which was allowed on 17.12.1991 and the seized cutch was ordered to be released by way of interim measure. 2 and as numbertransit pass, as required under the Rules, was obtained for its movement, it was seized and made over to the Sub Divisional Forest Officer, Gwalior. Thereafter, the matter was reported to the Sub Divisional Forest Officer, Gwalior, who initiated a companyfiscation proceeding under Section 52 of the Act and on 23.5.1988 an order of companyfiscation was passed whereafter an appeal was taken to the Conservator of Forest under Section 52A of the Act, who remitted the matter to the original authority. 1 from its manufacturer M s. Harsh Wood Products Respondent No. The khairwood so peeled debarked is known as heartwood. 1147/88 was preferred under Section 52B of the Act before the Sessions Judge, Gwalior, challenging order passed in appeal and the same was admitted. On 15.8.1991 another truck bearing No. 1 thereafter filed an application before the Chief Judicial Magistrate, Gwalior, for release of the seized articles, but the prayer was refused and the same was upheld by the Sessions Court whereafter Respondent No. The short facts are that on 2.5.1988 a truck bearing No. These appeals by special leave have been filed against judgment rendered by Gwalior Bench of Madhya Pradesh High Court whereby two petitions filed under Section 482 of the Code of Criminal Procedure hereinafter referred to as the Code by Respondent Nos. Mother liquor so obtained is companycentrated in pan with steam. 1 and 3 thereupon filed two separate applications under Section 482 of the Code before the High Court which were registered as Miscl. 2 were loaded therein at their factory premises, the same having been purchased by M s. K.S. In view of the aforesaid order, Criminal Revision No. Challenging the aforesaid order dated 7.9.1995 passed by the High Court, two petitions were filed before this Court for grant of special leave in which leave to appeal having been granted, the present appeals are before us. Finance Corporation Respondent No. Sales Agencies Respondent No. Respondent Nos. Criminal Case No. N. AGRAWAL,J. Respondent No.
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2004_210.txt
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No.847 of 2005, dismissing the Petitioners application under Section 482 Cr. for quashing of the Criminal Complaint No.932 of 1992, instituted against the Petitioner and the other companyaccused by the Complainant father of the Respondent under Section 420 read with Section 120 B of the Indian Penal Code. The Revision Petition filed against the said order issuing summons having been dismissed by the Additional Sessions Judge, New Delhi, on 8th February, 2005, the Petitioner moved the Application under Section 482 Cr. By an order dated 7th April, 1992, the learned Metropolitan Magistrate, New Delhi, issued summons to the Petitioner, Accused No.1 Smt. P.C. M.C. ALTAMAS KABIR, J. In this Special Leave Petition, the Petitioner, P. Gupta, has challenged the order dated 19th February, 2008, passed by the learned Single Judge of the Delhi High Court in Crl. before the High Court.
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2010_1056.txt
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Employees resigned from service. These employees resigned when the pension schemes in respect of these institutions in question were number in force. The employee had number been removed by discharge due to misconduct. The employee was paid the provident fund dues. We are companycerned with one employee of the Life Insurance Corporation of India one employee of Signature Not Verified Digitally signed by POOJA ARORA the United India Insurance Company Limited and a batch of employees Date 2019.03.15 172817 IST Reason of Andhra Bank. The High Court of Patna opined against the employee. The employees were governed by the then 16 supra existing Service Rules, being the Andhra Bank Officers Service Regulations, 1982. When the matter reached this Court, one of the companytentions raised by the respondent Company was that the employee had resigned and number retired from service. It was numbericed that Rule 1 g defines retirement as the termination of service by reason of any cause other than removal by discharge due to misconduct. The pension schemes came into force subsequently, but with retrospective effect. In order to appreciate the reasoning of the Courts below, supported by the respondent in the appeal and the arguments advanced on behalf of the appellant also on the same lines, but repelled by the Courts below, we companysider it necessary to first appreciate the Pension Rules, which have 2 2004 9 SCC 461 3 CWP No.10157/1996 decided on 8.1.2010 been brought into force. The reference order was passed in CA No.14739/2015 and that is how the matter is before us. SANJAY KISHAN KAUL, J. There was numberresponse to this representation, resulting in the appellant filing a writ 13 2011 12 SCC 197 petition before the Bombay High Court. A Bench of two Judges of this Court found that there was a divergence of judicial views of this Court, and the matter needed to be examined by a larger Bench.
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2019_192.txt
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Some time after when she returned she found that the respondent and Dhanpal both were missing. After milking the company, Dhanpals mother Indubai came back to her house and sent Mahavir to fetch Dhanpal as she ented to give some milk but was told that Dhanpal had been taken away by the respondent who had said that he would give him some sweets. It appears from the circumstances proved by the prosecution that the respondent had taken away Dhanpal with him and hired a cycle and then had gone to a grocer shop and bought some sweets for the boy. Dhanpals mother went to milk the company. On the 26th of July, 1974 the deceased Dhanpal a boy of three years of age was playing in the land adjacent to the house of the respondent. Thereafter, the boy was found missing. The respondent appears to have taken away the earrings from the boy and they were sold in the market to P.W. The High Court after hearing companynsel for the parties came to the companyclusion that the circumstantial evidence relied upon by the prosecution was number sufficient to raise an irresistible inference that the respondent had companymitted the murder of the child Dhanpal. Shaha for a sum of Rs. 34.50 were recovered from him The body of the deceased was recovered next day from a well situated in the field of PW. This was the evidence led against the respondent. Thereafter she went about her work. On a search of the person of the accused Rs. The Sessions Judge made a reference to the High Court and the respondent filed an appeal against his companyviction.
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1979_88.txt
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1 to 5 went to harvest the second crop raised by P.W. 3 was in possession of land and had cultivated the crop and that the appellants party were the aggressOrs. 3, the appellant and others came and at tacked the persons who were harvest ing the crop which resulted in the death of one Velayudhan. 1 5 tried to harvest the crop and the appellant and others objected to it these prosecution witnesses joined together and beat up the appellant and others. The companytention on behalf of the appellant and others was that they had never sur rendered the possession of the land, that they had themselves raised the crop and the landlord was trying to evict them with the help of P. Ws. The wife of P.W. 1, to 5 and when P. Ws. The prosecution case was that on 5 1 70 when P. Ws. Both the Courts below examined the question of the possession of the land at great length and came to the companyclusion that P.W. It was alleged that the appellant and his father voluntarily surrendered the land on 16 2 69 and on the same day a lease was executed in favour of P.W. Hussain Khan, had some lands which the appellant and his father had been cultivating for some years. They fell into arrears in respect of the lease amount due to the landlady. Alagiriswami, J. This is an appeal by special leave against the judgment of the High Court of Madras companyfirming the sentence of death passed on the appellant. 3. 10.
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1972_474.txt
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Vide an interim order dated 20th March, 1997, ITC Ltd., Toshiba Corporation, TBCL and Toshiba Anand were arraigned as defendants 1 to 4 respectively in the arbitration proceedings. The Arbitrator allowed the application filed by Shri Pradeep Anand, Son of the deceased to be substituted as claimant and to companytinue with the arbitration proceedings. In Article 5 of the agreement the following stipulation was made It is agreed to release all personal guarantees given by Shri Anand and Shri Pradeep Anand to the bankers and financial institutions on behalf of Toshiba Anand with assistance and companyperation by ITC or its associates or by its friends and or by Toshiba and or by TBCL as soon as possible but number later than 31st March, 1991. On 11.9.1990 an agreement styled as companyoperation agreement was made in Tokyo Japan between M s.Toshiba Corporation hereinafter called Toshiba , M s.Toshiba Battery Co. Ltd. hereinafter called TABCL , M s.ITC Ltd. hereinafter called ITC having its registered office at 37, Chowringhee, Calcutta, M s.Toshiba Anand Batteries Ltd. hereinafter called Toshiba Anand having its registered office at M.G.Road, Ernakulam, Kerala and Shri C.L.Anand hereinafter called Shri Anand representing his family and his associated companypanies. Respondent number1 had sought stay of further proceedings in the petition OMP No.16 of 1995. In companyrse of the arbitration proceedings Shri Anand died when the terms of reference had companye into effect and before the arbitration companyld be set down for hearing in Mumbai. The respondent number1 also filed IA No.7558 of 1998 seeking stay of further arbitration proceedings alleging certain illegalities in the procedure followed by the arbitrator which, according to it had vitiated the award passed by the arbitrator. On receipt of the numberice of the Award made by the arbitrator ITC Ltd. respondent number1 herein filed a suit, Suit No.1084 A of 1998 under Section 14 of the Arbitration Act, 1940 hereinafter referred to as the Act for a direction to the arbitrator respondent number5 herein and ICC respondent number6 herein to file the Award partial Award dated 24.4.1998 in ICC arbitration Case and on 1.8.1998 filed an application for stay of the arbitration proceedings. In companyrse of implementation of the agreement certain disputes arose between the parties particularly relating to release of personal guarantees given by Shri Anand and Shri Pradeep Anand as provided under Article 5 of the agreement. On the application filed by Shri Anand the ICC appointed Mr.Datuk George K.S.Seah as Arbitrator by the order dated 30th August, 1995. The award of the arbitrator s shall be final and binding upon the parties hereto. Article 11 in which was dealt with Duration of the agreement, it was stated a Toshiba Anand is wound up or otherwise than for amalgamation or reconstruction approved by the parties hereto, or b This agreement is terminated by mutual agreement in writing of the parties hereto. In the former order the learned single Judge granted stay of further proceedings before the arbitrator appointed by the International Chamber of Commerce in Arbitration Case No.8080/BGD OLG till decision of the objections to the award dated 28.4.1998 rendered by the arbitrator in the matter. Both the suit and the OMP are pending before the High Court. The arbitrator after companysidering the case set out by the parties passed the partial award on 24th April, 1998 at Mumbai. Considering the application for stay in IA No.3658 of 1997 in OMP No.10 of 1996 filed by Toshiba respondent number2 herein and TBCL respondent number3 herein , the learned single Judge passed the order to the effect that though the arbitration proceedings may go on numberfinal award shall be passed till the next date of hearing which was fixed on 16th July, 1998. While Suit No.1084 A of 1998 filed by respondent number1 was pending the said respondent filed OMP No.197 of 1998 under Sections 30 and 33 of the Act inter alia challenging the legality and validity of the Co operation Agreement dated 11.9.1990. Clause b thereof provided that Any unresolved dispute arising in companynection with this Agreement shall be settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with those rules and the arbitration shall be held at Bombay, India. The arbitrator on being informed about the order passed by the Division Bench proceeded further in the arbitration proceedings and called upon the parties to send their witness statements, documentary evidence etc. These appeals filed by Shri Pradeep Anand, son of late Shri C.L.Anand are directed against the orders passed by the High Court of Delhi on the interim application No.7558/98 in OMPNo.197/98 by the learned single Judge and the order passed by the Division Bench in FAO OS No.134/99 dismissing the appeal. The respondent number1 also questioned the jurisdiction of the arbitrator to award monetary companypensation in the case in favour of the appellant. When Suit No.50 of 1995 and OMP No.16 of 1995 were pending for trial the respondent number1 filed an application under Order 23 Rule 1 of the Code of Civil Procedure, unconditionally withdrawing the said two proceedings. By the order dated 17.10.1995 passed by the High Court the suit and the OMP were dismissed as withdrawn. Against the said order the appellant moved the Division Bench an appeal, FAO OS No.146 of 1998 in which the Division Bench vide order dated 29.5.1998 granted stay of operation of the order dated 22.5.1998. The validity of the Co operation Agreement was also challenged by the said respondent. The terms of the agreement were set out under Articles 1 to 12 of the document. In Article 12 of the agreement certain general provisions were made. Being aggrieved by the stay order passed by the learned single Judge, the appellant filed the appeal FAO OS No.134/99 which was decided by a Division Bench of the High Court vide the judgment dated 13th March, 2000. The Division Bench further observed that having held the appeal to be number maintainable it was number necessary for the Court to go into the questions as to whether the learned single Judge was right in passing the order staying the proceedings before the arbitrator however, as the matter was fully argued by the parties the Division Bench proceeded to companysider the matter on merits. The said order was disposed of by a companysent order on 22.7.1998 to the effect that the final award may be passed but the same shall number be implemented till the disposal of the I.A. The appellant herein refuted the allegations and companytentions raised on behalf of the respondent number1 in the companynter affidavit. M s.ITC Ltd., a companypany within the meaning of the Companies Act, 1956 is the main companytesting party in the case. filed by respondents 2 and 3 which was pending before the learned single Judge. Regarding the question of maintainability of the appeal the Division Bench held that the order under challenge being number one of the orders specified in Section 39 of the Act the appeal was number maintainable. P.MOHAPATRA,J. Leave granted in both the SLPs.
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2002_469.txt
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The Farm came in possession of the land through the companypany and the Ruler. The Farm was, therefore, only an ostensible holder of the land and the companypany of which the Ruler was a share holder companytinued to be the real holder. By order passed on 28.12.961 the prescribed authority declared 1163.42 acres of land as surplus with the holder of the lands. The Learned Counsel for the Farm companytended that the land subjected to ceiling was held by the Company as a Govt. Grantee, as holder of the land, was number at all a party before the ceiling authority. The Company and the Ruler submitted to those proceedings through the Farm. 74 transferees from the Farm were described as Group No.2 and 18 transferees from the companypany in respect of 250 acres of land of school were described as Group No. The Farm was incorporated on 30.11.1951 and took possession of the lands. The Ceiling Act was enforced in the State on 3.1.1961 with ceiling limit of 40 acres in respect of a holder of a holding defined in the Ceiling Act. The numberices issued by the ceiling authority were responded by submitting statements and returns before the ceiling authority by the Farm. The status of the Farm on the land was merely as a licensee or an agent. On remand the prescribed authority passed a fresh order on 11.8.1967 determining 98.83 acres of land as surplus and the holder of lands was allowed to retain 1208.64 acres of land which included 250 acres of land claimed to have been used for running Farm Mechanization School and treated as belonging to the said school as a separate entity. The prescribed authority by its order dated 29.6.1991 declared 867.67 acres of land as surplus with the holder companypany. The possession of Farm was, therefore, for and on behalf of the holder companypany and the ruler. The land to the extent of 250 acres exempted under the earlier order of the ceiling authority dated 11.8.1967 was left undisturbed. The proceedings therefore initiated, companyducted and culminated against the Farm have to be treated in reality to be proceedings against the companypany and the Ruler as the holders of the land. On a representation subsequently made by the Ruler of Kashipur, the Government of UP decided to release the land to the ruler on lease under the Govt. Under the amended Ceiling Act 18 of 1973 fresh ceiling proceedings were initiated proposing to declare 1123.40 acres of land in different villages under the Govt. The case of the holders of land on alleged oral leases is that under Section 131 of the Land Reforms Act they acquired status of Sirdar of the land. The appellate authority, therefore, directed that the surplus land inclusive of 250 acres of land wrongly exempted in favour of the school vested in the State under the Ceiling Act. The lands in the aforesaid villages were owned by the Ruler of erstwhile estate of Kashipur. On 8.6.1973, by UP Amendment Act No.18 of 1973 introduced in Ceiling Act, the ceiling limit was reduced from 40 acres to 18.75 acres. The possession of the Farm was clearly as an ostensible owner. The Farm being the ostensible owner and agent of the real owners was companypetent to take part in ceiling proceedings on behalf of the holder of the lands and the proceedings cannot be held to be invalid or infructuous. The Ruler through the companypany was unable to develop and make the land cultivable within the stipulated period in the terms of the grant and, therefore, they handed over possession of the land for development to the Farm. The 74 transferees of the land mentioned above filed their objections before the prescribed authority. The Writ Petitioner holder companypany and the Farm were described as Group No.l. The tenure holder of the land, therefore, within the meaning of the Ceiling Act was the Company i.e. The lands were released to the ruler for its development and for making it cultivable within the prescribed period. Imposition of ceiling 1 On and from the companymencement of the Uttar Pradesh Imposition of Ceiling on Land Holdings Amendment Act, 1972, numbertenure holder shall be entitled to hold in the aggregate throughout Uttar Pradesh, any land in excess of ceiling area applicable to him. The Commissioner also held that the transfers made by the Farm out of 250 acres of land of the school were number bona fide being made to favoured parties and with clear intention to evade the ceiling law. Sometime before the year 1950, the lands were acquired by the Government of Uttar Pradesh from the Ruler of Kashipur. The said 250 acres of land was held as number liable to be included in the extent of holding of the companypany. It is number in dispute that on 11.8.1967 when the prescribed authority granted exemption to 250 acres of land allegedly in use by the holder companypany for running a school of mechanized farming, such exemption was available. the Govt. The Govt. Consequent to the release of the lands in favour of the ruler, numberformal lease companytaining the terms and companyditions of the Govt. By order dated 14.1.1992 the appellate authority held that exemption in favour of the school of 250 acres of land was wrongly granted and plea of Res Judicata cannot be raised under the provisions of the Ceiling Act. Grantee and all proceedings initiated by numberice to the Farm, submission of statement and declaration by the Farm culminating in the orders passed by the prescribed authority and the appellate authority were void and infructuous because the Govt. 3,000 per acre. In revenue papers of Fasli 1361 companyresponding to 1.7.1953 to 30.6.1954 the Farm was recorded as hereditary tenant, in respect of 1386.08 acres of land. The Commissioner, in reversing the judgment of the prescribed authority regarding 250 acres of land exempted in favour of the School of Farm Mechanization held that principle of res judicata cannot be applied on the basis of the original order of the prescribed authority passed in proceedings prior to the amendment of Ceiling Act in view of bar on plea of res judicata imposed by Section 32B of the Ceiling Act and the other provisions of the Amendment No.18 of 1973. Before the reduction of ceiling limit by UP Imposition of Holdings Amendment Act No. Grants, the ruler and the companypany in which he was a shareholder namely M s Ramgarh Farms and Industries Ltd. formerly the Co. had to develop and make the lands cultivable within a period of one year of the companymencement of the next agricultural operations from the date of release of the land. Out of the released land the Raja will take a hereditary lease of 597 acres of land lying in village Bhagwantpur and the remaining area of 2,091 acres is to be leased to M s Ramgarh Farms and Industries Ltd., in which the Raja is also a Shareholder, other companyditions of the lease will be as follows The lease will be granted under the Crown Grants Act under which the lessees will enjoy hereditary rights with certain restrictions and limitations. In the order of the prescribed authority passed on 29.6.1991 under the amended Ceiling Act 18 of 1973, challenge to the validity of exemption, even though erroneously granted in respect of 250 acres of land for the school, was held to be barred by the principle of res judicata. Sir, I am directed to say that on representation being made to Government by shri Hari Chand Raja Singh, Raja of Kashipur, Nainital about the release of his land acquired for the companyonisation schemes, government have been pleased to decide that an area of land aggregating 2,688 acres viz.,
597 acres in village Bhagwantpur, 264.36 acres in Ramnagar, 1,022.64 acres in Kundeshri and 804 acres in Dearhivakil should be released in the favour and a lease granted under the Crown Grants Act. According to the case of the holder company, in October 1969 it granted 18.75 acres of land to 50 persons on oral leases for period ending 30.6.1970. The order of the prescribed authority was varied in appeal by order dated 18.3.1968 of the appellate authority and instead of 93.98 acres 153.03 acres was declared surplus. the Ruler was allowed to keep certain portion of the land as hereditary tenant and the other portion in the name of the companypany in which he had share holding. P. Zamindari Abolition and Land Reforms Act, 1950 shortly referred to as the Land Reforms Act was brought into force in the companycerned villages of Kashipur on 26.1.1970. Grants Act was number companypetent to transfer the land and all transfers were, therefore, invalid. The terms of the Govt. Against the order of the prescribed authority dated 29.6.1991 the State did number prefer any appeal but the aggrieved transferees and the Farm who represented the holder companypany, preferred appeals to the Commissioner, Kumaon Division being the appellate authority. Under sub section 6 of Section 5, transfers of land effected after 24.1.1971 are liable to be ignored in determining the ceiling area of the holder of land, unless, in accordance with proviso b of the said sub section, the holder of the land discharges the burden of satisfying the prescribed authority that the transfers, after the appointed date, were effected on good faith and for adequate companysideration and were number benami. The appellate authority also held that the grantee under the Govt. 18 of 1973, sale deeds companyering 12.50 acres of land were executed in favour of 70 persons between 25.9.1971 to 27.9.1971. The 50 transferees among themselves companystituted four partnership firms and claimed to have obtained possession of the land. The lands, which were subjected to imposition of ceiling of Villages Dohrivakil, Kharmasa, Pachwala, Ramnagar of Tehsil Kashipur, District Nainital in Uttar Pradesh, number form part of new State of Uttranchal. The learned companynsel for the State is right in relying on Explanation 1 and Explanation II below Section 5 of the Ceiling Act in support of his submission that where the land is held by an ostensible holder it would be presumed to have been held by the real owner. Grant came to be executed between the erstwhile ruler and the Government of U.P. The lessees may sublet land permissible under the UP Tenancy Act but may number transfer or otherwise alienate the land except with the written permission of the State Government. Appeals of the transferees and their subsequent transferees were also dismissed. Grants as surplus. The Commissioner dismissed the appeal filed by the holder companypany. The lessees will have to reclaim the lands within one year of the companymencement of the next agricultural operations. Treating the land to have been held by the school as a separate legal entity, therefore, seems to be an inadvertent mistake companymitted by the prescribed officer in his order dated 11.8.1967. As the aforementioned companypany described in the grant was unable to develop the land within the permissible period, they entered into an agreement with M s Escorts Agricultural Machines Ltd. Grant. The two aforementioned companypanies agreed to form a third companypany in the name of M s Escort Farms Ramgarh Ltd. who is the main appellant in the leading appeals before us and shall hereinafter be referred to as the Farms . Grants UP Amendment Act, 1960 Shortly referred to as the Govt. Grant are companytained in letter dated 26.1.1950 of the Deputy Secretary to the Govt. Grants Act . Grantee pursuant to the letter of the Deputy Secretary to the Govt. Record of proceedings, however, does number show that the said land was ever claimed by the Company to have been held by the school as a separate legal entity. Grants Act, 1895 as amended in its application to the State of UP by Govt. but it is number in dispute that the possession of the lands under the grant was taken on the basis of the proposal of the government, companytained in the letter dated 29.8.1950. Applications for intervention made by some parties who are subsequent transferees of parcels of land involved in this case, have been rejected by this Court by order made on 16.1.2004. The Company and the Ruler never objected to the proceedings before the prescribed authority number did they prefer any appeals to challenge those orders either in appellate forum or in writ proceedings. The lessees shall number parcel out land granted to them and their rights shall be heritable but the succession will be regulated according to the law governing impartible estates. The lessees shall use the land granted to them for the purposes of cultivation, horticulture, pasture, poultry and dairy farming and ancillary objects and for numberother purpose. These transactions admittedly were after the cut off date 24.1.1971 as fixed in sub section 6 of Section 5 of the Ceiling Act by U. P. Amendment Act No. All possible pleas available to the transferees, were projected before the High Court in the writ petition preferred by the transferees. On the basis of the aforementioned sale deeds executed in favour of 74 persons, the earlier three partnership firms formed by the lessees were dissolved and four new partnership firms were formed by the purchasers of the land. On 28.3.1970 registered sale lease agreements were executed in favour of 50 persons for period up to 30.6.1974 companyprising 80.75 acres, on companysideration of Rs. Aggrieved by the order of the Commissioner passed in appeals, the Firm, all its transferees and subsequent transferees filed Writ Petitions in the High Court. Emphasis added by underlining As is stipulated in the terms of the Govt. Copy forwarded to Shri Hari Chand Raj Singh Raja of Kashipur, Kashipur House, Nainital for information with reference to his representation dated June, 24 and 26, 1950. Grantee i.e. Secretary to Government of Uttar Pradesh To The Director of Colonisation, Uttar Pradesh, Lucknow. The rights and liabilities of the parties are governed by the terms of the said Govt. C 4599/XII A 26.1.1950 From Shri H.W. On appeal the District Judge by order dated 15.11.1965 remanded the case to the prescribed authority. The proceedings initiated, companyducted and companycluded against the ostensible owner are binding both on ostensible and the real owner in accordance with Section 5 with Explanations 1 and II thereunder which read as under Section 5. Since the leases, as alleged, were oral, there is numberproof of the same on record. Yours faithfully, Sd H.W. Warde Jones Dy. Ward Jones, IAS Dy. dated 26.1.1950 referred above. of UP addressed to the Director of Colonization, Lucknow, U.P. 18 of 1973. I am, therefore, to ask you kindly to execute a lease deed with Shri Hari Chand Raj Singh on the lines indicated in para 1 above. Dated, Lucknow August 29, 1950. Taking into companysideration the background and circumstances in which transfers were made, they were all held to be sham and lacking in good faith. The lessees will be permitted to exchange plots wherever necessary for companysolidation of holdings. The rent payable will be the same as obtaining in the Tarai and Bhabar Government Estates. Shri PN Mehta was the managing partner of one of the firms. Secretary. The High Court by the impugned judgment passed in companymon in batch of writ petitions, filed by parties representing the three groups mentioned above, dismissed all the Writ Petitions by a very elaborate order companytaining all facts and discussion of legal companytentions advanced by the companytesting parties. The order of the Commissioner passed in appeal was maintained by the High Court. C. 4599 i XIIA. of U.P. Thus, all available material facts and evidence were placed and companysidered by the High Court. The High Court companysidered their cases by grouping them in three categories. The aforesaid companytention is misleading and misconceived. We have already stated all the relevant facts above.
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2004_822.txt
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The question for companysideration is whether Projection Television sets manufactured by the respondent are the same as the Broadcast Television receiver sets for the purpose of earning exemption under the central excise laws. On further appeal by the respondent, the Customs, Excise Gold Control Appellate Tribunal the Tribunal reversed the findings of the authorities below by its order dated March 5, 1990 and came to the companyclusion that the Projection Television Sets are the same as Broadcast Television receiver sets and as such the respondent was entitled to the exemption claimed. The Assistant Collector Central Excise and Collector of Central Excise Appeals answered the question in the negative and against the respondent. 160/ 86 dated March 1,1986 companytains the following entry at Serial No. Kuldip Singh, J.
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1993_419.txt
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appanna had directed his wife mangamma to sell the pro perties described in sch. to this suit were impleaded pothana apparao husband of the sister of mangamma wife of appanna his children certain relations of mangamma and the tenants on the lands in suit. a b c d e. the plaintiff claimed that appanna died intestate and that he and his brother venugopala rao were the nearest heirs entitled to the entire estate of appanna. the suit was defended by pothana apparao and others companytending inter alia that appanna had made and executed a will on july 14 1948 devising his property in favour of various legatees and the plaintiffs suit for a share in the property was on that account number maintainable. venugopala rao was impleaded as the 24th defendant. it has been companycurrently found by all the companyrts that when he was in a sound and disposing state of mind appanna executed on july 14 1948 the will set up by the defendants. subba rao claiming to be the fathers sisters son of appanna instituted suit number 64 of 1953 in the companyrt of the subordinate judge eluru. the judgment of the companyrt was delivered by shah j. one appanna died on march 12 1953 leaving him surviving numberwife or lineal descendant. e property after the life time of mangamma shall pass to venkataswamy and seshagirirao defendants number. for partition and separate possession of his half share in the properties described in schs. c e properties. she was merely appointed to sell the property and to utilise the proceeds for the purposes specified in the will. c and to utilise the proceeds for two purposes celebrating the marriage and other auspicious functions of seetharatnam and for companystructing a ramamandiram in rajavaram village in his name. the learned judge accordingly passed a decree in favour of the plaintiff and the 24th defendant for possession of properties described in schs. an appeal under the letters patent filed by the plaintiffs against the judgment of chandrasekhar j. was dismissed. 3 2 respectively or their descendants was void and incapable of taking effect. civil appellate jurisdiction civil appeal number 445 of 1966.
appeal by special leave from the judgment and order dated march 9 1964 of the andhra pradesh high companyrt in letters patent appeal number 2 of 1963.
c. chagla and t. satyanarayana for the appellants. ram reddy and k. jayaram for the respondents.
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1969_466.txt
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The nature and scope of a criminal case are very different from those of a departmental disciplinary proceeding and an order of acquittal, therefore, cannot companyclude the departmental proceeding. A disciplinary proceeding was initiated against the appellant on the basis of several charges and an inquiry was companyducted. The report was accepted by the disciplinary authority who passed an order of removal of the appellant from service on 4.2.1984. 2, who issued an order to the effect that the disciplinary proceeding shall be companytinued and that in view of Sub rule 4 of Rule 10 of C.C.S. Rules, 1965 the appellant will be deemed to have been under suspension with effect from 4.2.1984, the date on which he was removed from service. So far the first point is companycerned, namely whether the disciplinary proceeding companyld have been companytinued in the face of the acquittal of the appellant in the criminal case, the plea has number substance whatsoever and does number merit a detailed companysideration. So far the question of deemed suspension is companycerned, it was companytended on behalf of the appellant that Sub rule 4 to Rule 10 was ultra vires Articles 14 and 16 of the Constitution. This order was challenged by the appellant by a fresh application before the Tribunal, registered as OA No. It was also observed that a crimur 1 case which had been started against the appellant on the basis of the same charges had companycluded in his acquittal and this fact also shall be kept in view while deciding whether the proceedings should be dropped or number, The Tribunal did number express its view on the merits of the case against the appellant. The main question which has been raised in this appeal relates to the interpretation and scope of Rule 10 4 of the Central Civil Services Classification Control and Appeal Rules, 1965, and its companysequent validity. It was companytended that since a companyy of the inquiry report had number been served on the appellant, the proceeding got vitiated in law. C.C.A. The companytinuance of the enquiry was impugned on the ground of the appellants acquittal in the criminal case. The appellant, thereafter, challenged the order of punishment by an application before the Central Administrative Tribunal which was registered as OA No. Relying upon an earlier Full Bench decision of the Tribunal the plea was accepted and the application was allowed setting aside the penalty and directing reinstatement of the appellant with the observations that it would be open to the authorities companycerned to take up the proceedings afresh, unless they chose to drop the same. The Inquiry Officer submitted a report holding that the charges had been proved. 631 of 1989. The order was companyfirmed in departmental appeal. An application for review was also dismissed on 31.1.1991. 401 of 1987. Lalit Mohan Sharma, J. Both the points were rejected by the order of the High Court dated 31.8.1990. In this background the appellant has number companye to this Court. The matter was companysidered by the respondent No. Special leave is granted.
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1992_384.txt
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The appellant as well as respondent number1 applied in response to an advertisement dated 02.02.2009 for engagement as Anganwadi Worker for Urumukhi 3 Anganwadi Center, Bhushandpur, Tangi, Odisha. Respondent number1 challenged the decision of the Selection Committee dated 04.06.2010 directly through a writ petition bearing W.P. The effect of the impugned order judgment is to allow the writ petition preferred by respondent number1 and as a result selection and appointment of the appellant stands set aside and instead respondent number1 has been appointed as Anganwadi Worker for the companycerned centre. The writ petition was dismissed on 09.08.2010 on the ground that appellant had secured more marks in the selection and there was numberillegality in the selection process. The Selection Committee reconsidered the relevant facts in a meeting held on 04.06.2010 attended by five members of the Selection Committee including the Sub Collector, Khurda who had remanded the matter for reconsideration. In the meantime, respondent number1 had preferred a writ petition bearing W.P. C No.9300 of 2010 in which her simple grievance was that order of Sub Collector, Khurda dated 26.12.2009 was number being implemented. The moot question to be answered in this appeal is whether the Division Bench should have allowed the writ appeal only on technicalities and on the basis of certain orders passed earlier when on facts there was numberambiguity that respondent number1 was number a resident of the companycerned centre and hence lacked the basic eligibility for engagement as Anganwadi Worker for the centre. The respondent number1 did number prefer any appeal before the Additional District Magistrate or any other authority and instead preferred Writ Appeal No.430 of 2010 which was allowed on 18.07.2011 by the order under appeal. By order dated 26.12.2009, respondent number3 numbericed that appellants sister was engaged as Anganwadi Worker in another centre and, therefore, without waiting for the order of engagement, as appellate authority respondent number3 set aside the orders selecting the appellant and the matter was remanded back to the Child Development Project Officer respondent number4 to reconsider the case of the respondent number1 as per the Government guidelines. A liberty, however, was granted to the respondent number1 that as per Government guidelines, she may prefer an appeal before the Additional District Magistrate against the selection of the appellant. C No.11960 of 2010. Learned companynsel for the appellant has taken us through the relevant orders and enquiry reports which show that even before the appellant was engaged, as soon as respondent number1 came to know that in the selection process appellant had secured highest marks and was likely to be engaged, she approached appellate higher authority respondent number3, the Sub Collector, Khurda. That writ petition was disposed of on 20.05.2010 with a direction to implement the order of Sub Collector within four weeks. She is aggrieved by the judgment under appeal dated 18.07.2011 whereby the Division Bench of Orissa High Court set aside the order of a learned Single Judge of the High Court dated 09.08.2010. SHIVA KIRTI SINGH, J. Heard the parties. Leave granted.
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2015_49.txt
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631/76. 1951/75 and Res. Kapur for the Re spondent in C.A. 631 of 1976 Appeal by Special leave from the Award of the Industrial Tribunal, Gujarat in Ref. 30 of 1974, pub lished in the Gujarat Govt. Parihar for the appel lants In CA 1951/75 . 158 of 1974 published in the Gujarat Govt. 631 of 1976 arises out of the Tribunals award in the dispute between Jyoti Limited, Baroda, and its workmen. 1951 of 1975 is directed against the award of the Industrial Tribunal Gujarat, dated September 24, 1975, in the dispute between the Alembic Glass Industries Ltd., Baroda, and its workmen, while appeal No. 1951 of 1975. Appeal by Special Leave from the Award of the Industrial Tribunal, Gujarat in Reference II No. Jain and Mrs. Laxmi Arvid for Re spondent Nos. Sharma, A. K. Sharma and A. K. Mathur for the appellants in C.A. Hathi and P.C. 1 1 C.A. T. Desai, A. P. Hathi, Mrs. S. Bhandare, M. S. Narasimhan K.C. 1 2 In C.A. Gazette dated 23 10 1975 and Civil Appeal No. M. Tarkunde, K.L. The Company applied for and obtained special leave to appeal as aforesaid, with the further direction that the appeal may be heard along with the identical matter in the Alembic Glass Industries case . Speaking broadly, the dispute in both cases related to the workmens demand for 10 days sick leave, with retrospective effect, and ,its accumulation over a period of three years i.e. S. Khanduja, S.K. The demand was resisted by the Companies in both cases. N. Shroff and H.S. They have been heard together at the in stance. Gazette Part I L dated 15 4 76. B. Patel, 1. upto 30 days. These two are companypanion appeals by special leave. II No. The Judgment of the Court was delivered by SHINGHAL, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. of the learned companynsel for the parties, and will be disposed by a companymon judgment. Appeal No.
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1976_201.txt
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W.17 himself companyfirmed that those jewels were pledged by the appellant with him. In the first place P.W.3 the father of the deceased identified the jewels which were recovered from P.W.17. W.17 in his evidence also companyfirmed that the appellant pledged the jewels with him. The pledging of jewels of the deceased with P.W.17 was also proved by producing Exhibit 3 by which P.W.3 repaid a sum of Rs.11,000/ to P.W.17 to get back the jewels which were seized by the police along with ornaments. P.W.5 who is a relative of the deceased also stated that the deceased informed him once about the illicit intimacy of the appellant with second accused. P.W.3 also indentified the jewels which he gifted to his daughter at the time of the marriage which were recovered from W.17 and marked as Exhibit 1 companylectively . P.W.11 also stated that according to the deceased she was number happy with the marriage. The receipts Exhibit 3 and 3A disclosed that the said jewels were pledged by the appellant for a sum of Rs.11,000/ . The question of deceased having suffered burn injuries from the burning stove is ruled out by the own version of the appellant. However, according to the prosecution shortly after the marriage the appellant demanded a sum of Rs.40,000/ from the father of the deceased Krishna for the purpose of his business which was declined, that upset by the declining of his demand by the father of the deceased the appellant stated to have retorted then that he knew how to companylect the money from his father in law through his wife, and that thereafter on 22.05.1987, the appellant pledged the jewels of deceased Krishna for a sum of Rs.11,000/ . If those jewels really did number belong to the deceased the same companyld have been established only by the appellant by producing proper evidence before the Court. The deceased Krishna was also stated to have been nurturing a grievance against the appellant about his illicit companytacts with the second accused Anima who was numbere other than the niece of the appellant. P.W.11 further stated that deceased also requested him to tell her father number to give any money to appellant. P.W.11 who is the neighbour of P.W.3, in his evidence also deposed that when the deceased visited her parental home on the occasion of Dwira Gaman Ceremony she informed him that she did number like the relationship of the appellant with the second accused and that appellant was demanding money from her father. The deceased died due to extensive burn injuries on her body which was fully established by the postmortem report as well as by the evidence of doctor P.W.15 who companyducted the postmortem. Though the learned companynsel for the appellant attempted to point out that there was numberproof to show that the appellant pledged the jewels of the deceased, we are number in a position to appreciate the said companytention for more than one reason. The unfortunate incident of the death of the deceased Krishna occurred on 26.05.1987 when she was admitted to SSKM Hospital with severe burn injuries at 08.35 a.m. and she was declared dead at 08.37 a.m. He further stated that though his daughter companyplained to him about the monitory demand as well as illicit relationship of the appellant with the second accused he did number inform the same to others except his close relatives fearing any damage that may be caused to the matrimonial life of his daughter which companyduct of P.W.3 as a father of the deceased was quite natural. The case of the prosecution was that the appellant got married to the deceased Krishna as per Hindu rites and customs on 22.04.1987. The appellant was proceeded against for offences under Sections 306 and 498A of IPC. If once the said companyclusion is irresistible, what remains to be examined is what was the reason for the deceased to take that extreme decision to burn herself. P.W.10 who is stated to be the companysin of the deceased deposed that when she visited his house once after marriage she informed him that she did number like the environment of her matrimonial home and that the appellant and second accused used to talk in companye language. If the said statement is to be accepted then what remains is the postmortem report, the evidence of W.15 and the recoveries made at the place of occurrence, namely, kitchen viz the 20 litre cane in which about a litre of kerosene was found, the quilt and pillows and a piece of cloth soaked in kerosene and the clothes worn by the deceased which also smelled kerosene. P.W.3 stated that after some days of the marriage the appellant approached him and his son for a sum of Rs.40,000/ , that when P.W.3 expressed his inability to make the payment the appellant left the place in a huff by stating that he knows how to get the money from him through his own daughter. Considering the extent of burn injuries stated by the doctor in the postmortem report viz the first degree burn injuries from top of the head up to the tip of the leg makes it clear that it companyld have been caused only by pouring kerosene from the cane over the head and by burning the person after that. In the hospital register it was numbered by the doctor P.W.19 that as per the statement of the appellant at 07.35 a.m. in the morning while the deceased was preparing tea and bread in the kitchen of the house she got burnt of the burning stove. The smell of kerosene oil in the clothes and other materials recovered at the scene of occurrence also fully support such a situation which companyld have only been inflicted by the deceased herself and, therefore, the companyclusion of the High Court in having held that the deceased companymitted suicide cannot be found fault with. The High Court while examining the charge of abetment of the suicide companymitted by the deceased as well as cruelty meted out to her falling under Sections 306 and 498A of IPC made a detailed analysis of the above evidence and held that the charges were proved. For that purpose, when we examine the ocular evidence placed before the companyrt below, we find the companysistent statements of P.Ws.3, 9 and 11 which disclose that the companyplaint made by the deceased about the companyduct of the appellant that he made a demand for money from her father apart from his illicit relationship with the second accused merits acceptance. He was also sentenced to suffer rigorous imprisonment for three years apart from fine of Rs.10,000/ , in default to suffer further rigorous imprisonment for one year for the offence under Section 498A of IPC. The factum of the living of second accused in the very same house of the appellant was number in dispute and the same was also deposed by W.3. The prosecution filed its final report before the Trial Court and, thereafter, the charges under Sections 306 and 498A of IPC were leveled against the appellant. The Trial Court acquitted the appellant and by the impugned order, the High Court while reversing the judgment of the Trial Court found the appellant guilty on both the charges and imposed the sentence of imprisonment of 10 years and also a fine of Rs.10,000/ , in default to suffer further one year rigorous imprisonment for the offence under Section 306 of IPC. The acquittal of the second accused, however, was companyfirmed by the High Court. The same is also number disputed by the appellant. However, in the 313 questioning the appellant made it clear that he did number make any such statement. Having heard learned companynsel for the appellant as well as the learned companynsel for the State and having perused the judgment impugned in this appeal and other related papers, at the very outset, it will have to be stated that there is numbermerit in this appeal. To the same effect was the version of P.W.12. Both the sentences were directed to run companysecutively. The High Court thus partly allowed the appeal of the State.
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2012_389.txt
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20,124 Rs.1,765 Income Rs.98,909 Less depreciation Rs.1,94,074 Rs.95,165 Less Dividend income as per origi nal assessment order Rs.11,870 Loss. The companyrect companyputation of income is as under Income before allowing depreciation as per original assessment orderRs.1,00,674 Less charity disallowed wrongly written Rs. 83.,295 and this was set off against the appellants income of the assessment year 1954 55. In 1949 the Saurashtra Income tax Ordinance hereinafter termed the Ordinance was promulgated which was applicable to the State of Saurashtra. The order of the Income tax Officer was as follows To arrive at the Written Down Value of the assets it was necessary to maintain depreciation record. The appellant companytinued to be assessed to income tax in the assessment years 1952 53 and 1953 54 and the present appeal relates to the assessment of year 1953 54. Depreciation allowance as per rules is worked out at Rs. Rs.83,295 Loss on account of depreciation to be carried forward. In both these orders he calculated the depreciation amounts on the basis of the same Written Down Value as he had determined for the year 1953 54. The reasons for calculating them on the new basis were set out by the Income tax Officer in his order dated May 18, 1956, and they were Less Depreciation. According to the assessment order dated June 30, 1965, the amount of depreciation allowed for the assessment year 1953 54 was Rs. And thus the unabsorbed depreciation amount which under the assessment order of June 30, 1955, was Rs. By his order of February 27, 1956, the Income tax Officer companyrected the Written Down Value of the different properties of the appellant and determined the total allowable depreciation to be Rs. On February 29, 1956, the Income tax Officer passed two provisional assessment orders for the years 1954 55 and 1955 56. In this application he pointed out several mistakes in calculations in regard to the depreciation amount. By that Ordinance income tax became leviable and from 1950 onwards when Saurashtra became part of the Union of India the Indian Income tax Act hereinafter referred to as the Act became applicable by reason of the Finance Act of 1950 Act XXV of 1950 . 1,94,074. The reply of the Income tax Officer of the same date was that the order was companyrect and a similar order was made on the second application in regard to the assessment of 1954 55. Previous to the year 1949, in Porbander which became a part of the State of Saurashtra, there was numberincome tax. The appellant requested the Income tax Officer to cancel his previous order and to pass a fresh order companyrecting onlv those mistakes which had been pointed out by it On the same day the appellant sent another letter asking for the cancellation of the provisional assessment order for 1954 55 and requested for a revised assessment order on the basis of the return filed by it. The appellant before us is a private limited companypany carrying on the business of manufacturing and selling textiles and the respondent is the Income tax Officer of Porbander. The appellant Was taxed for the accounting year 1949, i.e., the assessment year 1950 51. 119 of 1956. 1,94,074 as per working sheet attached. On March 9, 1956, the appellant wrote to the Income tax Officer protesting against the order You have exercised powers number vested in you under the said Section, and you have gone beyond the purview of the Act by preparing statements and records which are prejudicial to the rights of the Company . 2,31,944 was reduced to Rs. 21,889 instead of Rs. 3,48,105. On April 16, 1956, the appellant filed a petition in the High Court of Bombay under Arts. On August 8, 1955, the appellant made an application for rectification under s. 35 of the Act. B. Dadachanji, S. Andley and Rameshwar Nath, for the appellants. This being number done so far, is done number and working attached. C. Setalvad, Attorney General for India, R. Ganapathy Iyer and D. Gupta, for the respondent. V. Viswanatha Sastri, S. P. Mehta, J. Appeal by special leave from the judgment and order dated November 26, 1957, of the Bombay High Court at Rajkot in Special Civil Application No. This is an appeal by special leave against the judgment and order of the High Court of Judicature at Bombay dismissing the appellants petition under Art. CIVIL APPELATE JURISDICTION Civil Appeal No. The Judgment of the Court was delivered by KAPUR, J. 39 of 1959. April 14. The High Court also held against the appellant on merits. Declared N. A.
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1959_9.txt
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By letter dated 23.7.1987, the appellants were informed about the increase in rent under the lease deeds, upto the schedule rate of rent, under the clause for enhancement of rent every ten years. The leases were granted in respect of the Plots at Taratola Road. On 20.1.1983, the respondents purported to numberify a schedule of rent charges specifying the rent to be charged for plots of land in various localities. However, the letters companytained an identical stipulation as follows The renewal will be subject to the following companyditions, besides other general companyditions as embodied in the Trustees standard lease from xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx the lease will companytain clause reserving to the Trustees the right to raise the rate of rent every 10 years during the initial period of the lease and also during the optional period of the lease upto 25 for the schedule rent prevailing at such time whichever is higher At the same time the letters purported to enhance the rent from the original sum of Rs.2,484.37 to Rs.17,226.40 an increase by 700 . The respondents by companymunications dated 17.10.1977 and 29.12.1977 offered the appellants, renewal of the leases of the Plots on similar terms and companyditions. The appellants expressed the desire for a renewal of the leases for another 30 years, which expired on 30.6.1977. These leases were granted by the respondents in the year 1947 for an initial period of 30 years. The draft lease deeds which were sent to the appellants on 15.11.1978 were number signed by the appellants. The appellants are assignees of two separate leases under the respondents, Calcutta Port Trusts. However, the appellants started to pay the enhanced rent, under protest. By the aforesaid judgment the Division Bench has upheld the judgment and order dated 30.8.2000 passed by the learned Single Judge whereby the learned Single Judge dismissed the writ petition challenging the newly added clause permitting 25 increase in rent every ten years and the huge amount on account of arrears of rent claimed by the respondents from the appellants for the plots of land leased to the appellants. The Notification dated 20.1.1983 and the letter dated 23.7.1987 were challenged by the appellants by way of writ petition under Article 226 of the Constitution of India. Appellants protested against the unilateral illegal action of the respondents. This appeal is directed against the judgment and order dated 5.2.2004 passed by the High Court at Calcutta in MAT No.3993 of 2000. These findings were upheld by the Division Bench. SURINDER SINGH NIJJAR, J. These findings have been challenged in this appeal by the appellants.
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2009_2130.txt
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As it originally stood, sales of companyrse and medium cloth were number liable to be taxed under it. The Act was amended by Hyderabad Act XXVII of 1952 which came into force on August 1, 1952, and as a result of the amendment, sales of companyrse and medium cloth were made taxable under the principal Act. Pending the decision of the appeals each of the appellants moved the High Court at Hyderabad for the issue of a writ of mandamus or other appropriate writs directing the Sales Tax Officer number to companylect tax on sales of companyrse and medium cloth. Thereafter, the Sales Tax Officer, Secunderabad, on different dates in the months of October, November and December, 1952, made five provisional orders of assessment, one in respect of each of the five appellants before us, whereby he levied a tax on the sales of the appellants including the sales of companyrse and medium cloth made by them on and after August 1, 1952, being the date from which sales of companyrse and medium cloth became taxable under the amendment earlier mentioned. The Hyderabad General Sales Tax Act, 1950, came into force on May 1, 1950. The appellants appealed from these orders of assessment to the higher Sales Tax Authorities under the provisions of the Act. SARKAR, J. 1958 AIR SC 883 The Judgment of S. R. Das, C.J., Venkatarama Aiyar, S. K. Das, and Sarkar, JJ.,
was delivered by Sarkar, J. Bose, J., delivered a separate Judgment. The appellants companytended that these goods had been declared essential goods and sales in respect of them were number liable to be taxed in view of Article 286 3 of the Constitution and Explanation 2 to section 2 k of the Act, as the principal Act and the amending Act had number been reserved for the companysideration of the President number received his assent.
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1958_150.txt
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The Valuation Officer submitted a report to the Assessing Officer. The return was accepted by the Income Tax Officer number known as the Assessing Officer . On the basis of the report, the Assessing Officer re opened the assessment in respect of the assessment year 1982 83. This was number accepted by the Assessing Officer, who referred the question of the companystruction companyt of the house to the Valuation Officer under Section 55 A of the Income Tax Act, 1961 hereinafter referred to as the Act . The Income Tax Officer then made an addition of Rs 2,79,000 in respect of the assessment year 1982 83 and Rs 1,77,000 in respect of the assessment year 1983 84 as undisclosed investment in the companystruction of the house. She filed a return in respect of the assessment year 1982 1983 in which she disclosed that she had invested an amount of Rs.1,75,000 in the companystruction of the house. The Income Tax Appellate Tribunal, however, following an earlier decision, allowed the assessees appeal and held that the Assessing Officer companyld number have referred the question of the companyt of companystruction of the assessees house to the Valuation Officer. In respect of the subsequent assessment year, namely 1983 84, the assessee disclosed that she had invested a further amount of Rs 1,70,000 in the companystruction of the house. Whether on the facts and in the circumstances of the case, the Tribunal erred in law by holding that the Assessing Officer cannot refer the matter to the Valuation Cell sic for estimating the companyt of companystruction of the house property. In the appeal before us, it was companytended on behalf of the assessee that a reference to a Valuation Officer companyld only be made strictly in terms of section 55 A of the Act and that if the circumstances justifying the reference under that Section were number prevailing, the Assessing Officer did number have the jurisdiction to otherwise refer the matter to the Valuation Officer. The assessees appeals from the assessment orders were turned down by the Commissioner of Income Tax Appeals Guahati. It was further pointed out that Section 55 A of the Act only allows for reference to the Valuation Officer for the purposes of companyputing the market value of property in companynection with the companyputation of capital gains. Accordingly the question referred was answered in the affirmative and against the assessee. J U D G M E N T RUMA PAL, J The assessee built a house in a suburb of Kolkata between the years 1981 to 1983. In this background the following question was referred to the High Court under Section 256 2 of the Act.
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2003_406.txt
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But the mortgagors interest in Mauza Bahaldih subsisted on the date of payment by him of Rs. Mauza Bahaldih and that he was peacefully realising the rents. 600 as interest which was signed by the mortgagor. 100/was paid by the mortgagor and an endorsement in that behalf was made on the mortgage bond under his signature, and on that date the mortgagors interest in Mauza Bahaldih was number extinguished. 16 of Mauza Bansjora, eight annas share in Mauza Simitanr and certain interest in Mauza Bahaldih all in District Manbhum. By the mortgagedeed the mortgagor also agreed that the mortgagee do receive the amount due as royalty from the tenants under mining leases in Mauza Bahaldih in the month of Aswin. 1/8/ per mensem, and further agreed that in default of payment, the mortgagee do recover the amount due by sale of his interest in Mauza Bansjora, Simitanr and Bahaldih. The companyenants of this mortgage deed were substantially the same as the companyenants of the earlier mortgage deed dated June 14, 1922 and it was agreed that the mortgagees were to receive the instalment of royalty payable in Chaitra in respect of Mauza Bahaldih. 100 which also was signed by the mortgagor. On June 14, 1922, the mortgagor borrowed Rs. The mortgagor had leased 200 bighas of companyl bearing land out of his holding in Mauza Bahaldih to certain lessees for an annual royalty of Rs. A distinction was made paragraphs 12 and 14 between Mauzas Bansjor and Simitanr on the one hand and Mauza Bahaldih on the other. By paragraph 4 the mortgagor undertook to pay interest at the rate of Rs. By paragraph 13 the mortgagor agreed to pay the principal and the interest due on or after April 14, 1925. The mortgagor admitted receipt under each o the two deeds the amount of Rs. By paragraph 14 the mortgagor agreed that the properties specified and described in Sch. Under these mortgage deeds the due date for payment was April 14, 1925. had also made an arrangement by which the mortgage was to recover the interest on the mortgage debt out of the instalments of Rs. 600 by the mortgagor on April 1, 1937, as evidenced by the endorsement on the first mortgage deed, the plaintiffs suit to enforce the mortgage dated August 27, 1922, was barred by limitation. The question of limitation may number be companysidered in the light of the finding that Mauza Bahaldih was mortgaged under the two mortagage deeds. In paragraph 5 it was stated that it was number possible for the mortgagor to pay interest every year on the amount borrowed by him and accordingly he had agreed that the tenants of the companyl fields in Mauza Bahaldih with whom he had settled the companyl mines in the zamindari shall companytinue to pay to the mortgagee Rs. On May 17, 1927, the mortgagor assigned his interest in Mauza Bansjora to one Mahendra Nath Rai and on October 2, 1927 he assigned his interest in Mauza Simitanr to one Pushpa Moyee Devi. 600 were paid by the mortgagor to the mortgagee and the endorsement regarding payment was made on the mortgage deed recording such payment, and on that date the period of twelve years companymencing from April 14, 1925, under Art. If by transfer or assignment of his interest the mortgagor has lost all his interest in the mortgaged property, part payment will number extend the period of limitation, for at the date of payment he is number the person liable to pay the mortgage debt. 5,500 advance to him by the mortgagees and agreed to pay interest at the rate of Rs. But the plaintiff sought to bring the claim within limitation, relying upon certain part payments towards the mortgage dues made by the mortgagor. To the suit were impleaded as defendants the representatives of the original mortgagees, the heirs of the mortgagor and certain alienees of the mortgaged property. In respect of the mortgage dated August 27, 1922, the Judge held that the claim was within limitation both on account of part payment of principal and interest and upon the cause of action furnished by the dispossession of the mortgagees in respect of the Bahaldih property. By another deed dated August 27, 192 the mortgagor created a mortgage in favour of Sasindranath Chakravarty and Indra Nath Chakravartyto secure payment of Rs. ka and kha by action, and that should the full amount be number realised the mortgagee will be companypetent to realise the amount from other moveable and immoveable properties belonging to the mortgagor. The amount due under the mortgage dated June 14, 1922, was repayable on April 14, 1925, and on April 1, 1937, Rs. The later mortgage was executed on August 27,1992 and the amount due thereunder was payable on April 14, 1925. It was further stipulated by paragraph 7 that the mortgagor had assigned the amount due from certain tenants mentioned in the schedule under the instalments specified therein by way of interest for peaceful realisation of the annual interest of Rs. The trial Judge rejected the defence raised by the companytesting defendants and held that the suit in respect of the first mortgage was number barred by the law of limitation because the mortgage was partly simple and partly usufructuary and even though the plaintiff companyld number rely upon part payment of principal or interest to extend the period of limitation for the suit, she companyld still maintain the suit relying upon the dispossession of the mortgagee on April 7, 1937, by the auction purchaser who purchased the mortgagors rights in Bahaldih lands at the Court auction and that the suit to enforce that mortgage was accordingly within limitation. 5,500 from one Rabindra Nath Chakravarty and executed a deed of mortgage whereby he agreed personally to repay the amount, and encum bered his share in Mauzas Bansjora and Simitanr for repayment of the amount borrowed with interest at the rate of Rs. Thereafter in execution of a money decree obtained against the mortgagor, his right, title and interest in mauz Bahaldih was sold on January 16, 1937, and after th sale was companyfirmed, possession of Mauza Bahaldih was taken by the auction purchaser on April 7, 1937 By two deeds dated June 18, 1946, Manimala Devi the plaintiff in the suit out of which this appeal arises obtained assignments of the rights of the mortgagees under the two deeds dated June 14, 1922, and August 27, 1922, and filed a suit on July 12, 1946, in the Court of the Subordinate Judge at Dhanbad for a decree for enforcement of the two mortgages by sale of the mortgaged properties. The mortgagor also undertook to issue numberices to the tenants calling upon them to pay the amounts according to the assignment. On the mortgage deed dated August 27, 1922, there was recorded an endorsement dated August 16, 1934, of payment of Rs. kha shall always be treated as mortgaged and security for realising the interest and principal due to the mortgagee, the amount and interest due to the mortgagee having first charge on the same, that should any cause of action arise, the mortgagee shall be companypetent to realise the full amount due to him together with interest and companyts by selling the said properties in Sch. 100 towards the principal and interest, and such payment having been made within twelve years from April 14, 1925, the plaintiffs claim to enforce the mortgage dated August 27, 1922, was at the date of the, suit number barred by limitation. The High Court of Madras was right in holding in Pavavi v. Palanivela Goudan 1 that a mortgagor who has lost all interest in the mortgaged property cannot by payment of interest or principal within the meaning of s. 20 bind the person on whom the interest has devolved. 5,500 advanced to him and interest thereon. The suit filed by the plaintiff was for enforcement of payment of money charged upon immoveable property and money sued for on the later mortgage had become due on April 14, 1925. 1,000 on account of one of the instalments for rent, minimum royalty and companymission, due to the mortgagor according to the terms of the companytracts. The suit was filed more than twelve years after the date on which the mortgage amount because payable, and prima facie, it was barred by the law of limitation. 5,500 borrowed by him. 1,000 every year, and the mortgagee was, in default of payment by the tenants, companypetent to realise the same. On the deed dated June 14, 1922, was recorded an endorsement dated April 1, 1937, relating to payment of Rs. 16 of companylectorate and district Mandhum companystitutes the zamindari interest and that on the death of his late father, the mortgagor acquired the said zamindari and that he was entitled to transfer encumber or sell the whole property included within the said Tauzi No. On August 16, 1934, an amount of Rs. The Judgment of the Court was delivered by SHAH J. Rajkumar Ran Bahadur Singh hereinafter called the mortgagor was the proprietor of a five annas share in Tauzi No. 132 of the Limitation Act, Sch. 1, a suit to enforce payment of money charged upon immoveable property may be filed within twelve years from the date when the money sued for becomes due. 1/8/ one rupee eight annas per cent per mensem on the amount of Rs. 1/8/ per cent per mensem. 2,000 payable in two equal instalments, the first in the month of Aswin of the Vikram year and the second in the month of Chaitra. In the preamble clause it was recited that Tauzi No. The High Court held that as the plaintiff had in her plaint number relied upon dispossession as a ground for extension of the period of limitation, that claim should number have been permitted to be made out by the trial Court. In appeal by the fourth defendant widow of Mehandra Nath Rai the High Court of Patna reversed the decree passed by the trial Court and dismissed the plaintiffs suit. Appeal from the judgment and decree dated July 18, 1955, of the Patna High Court in Appeal from original decree No. 16 at his free will. Singh, for the appellant. Under Art. The plaintiff has appealed to this Court with certificate granted by the High Court. K. Ghosh, for respondent No. December 3, 1963. 560 of 1960. C. Agarwal and D.P. 500 of 1947. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1963_100.txt
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The plaintiffs pleaded that the deed in question was a mortgage deed, and as such they have right to redeem the same. The plaintiffs instituted Civil Suit No. The defendants companytested the suit, and pleaded that deed dated 30.12.1960 is number a mortgage transaction but a companyditional sale with stipulation of repurchase within a period of five years. Brief facts of the case are that original plaintiffs Shaikh Rahemanbhai Mohamadbhai since died and Shaikh Ismailbhai Moahamadbhai, executed a deed dated 30.12.1960 in favor of defendant number. The suit of the respondents plaintiffs for redemption of suit property is decreed by High Court on the payment of Rs.10,000/ within a period of six months by the plaintiffs from the date of the decree. Denying that the plaintiffs have any right to redeem the property, it is stated by the defendants that the land was purchased by the defendants for a companysideration of Rs.10,000/ and possession was delivered to them in 1960 along with execution of the deed. 1 and 2, namely, Patel Ravjibhai Bhulabhai since died and Patel Dahyabhai Bhudarbhai, which was titled as companyditional sale, for a sum of Rs.10,000/ providing therein that if the repayment is made within a period of five years, the defendants shall give back the property in suit with possession to the plaintiffs with further stipulation that the plaintiffs would have numberright to get back the property after the expiry of the period of five years. 148, admeasuring 3 acres 29 guntas situated in Village Rustampura, Taluk Thasra on repayment of the mortgage money under the deed dated 30.12.1960, and further sought to recover the possession of the property with mesne profits. The plaintiffs preferred Second Appeal S.A. No. The trial companyrt after framing issues, and recording of evidence, held that plaintiffs have failed to prove that the transaction was a mortgage. The trial companyrt further held that suit is barred by time, and, as such, dismissed the suit on 27.11.1987. 107 of 1994 is allowed, and dismissal of suit by trial companyrt as affirmed by First Appellate Court is reversed. 156 of 1984 before Civil Judge, Junior Division, Dakor, for redemption of property in question i.e. The First Appellate Court 2nd Joint District Judge, Nadiad affirmed the decree of dismissal of suit passed by the trial companyrt, vide its judgment and order dated 30.09.1993. Hence the defendants are in appeal before this Court. 107 of 1994 before the High Court, and the High Court after hearing the parties reversed the decree passed by the two companyrts below. This appeal is directed against judgment and decree dated 20/21/24 09 2012, passed by High Court of Gujarat at Ahmedabad, whereby Second Appeal No. Prafulla C. Pant, J. We have heard learned companynsel for the parties and perused the papers on record. Survey No. Leave granted.
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2016_197.txt
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Hence this appeal.
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1976_29.txt
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It is an admitted fact that there is numberrelationship of a principal and an agent between the purchaser like the appellant and the MMTC. The undisputed facts which are to be numbericed for the purpose of disposal of these appeals are as follows To cater to the needs of the users of raw asbestos, the MMTC calls for global tender and after identifying foreign supplier it purchases the raw asbestos in bulk which is sold in high seas sales to various users of raw asbestos for which the MMTC charges apart from the sale companysideration paid by it to the foreign buyer an additional sum as service charges. The appellant wants this Court to firstly equate service companymission to buying companymission, then on this basis to treat MMTC as an agent. Material on record, on the companytrary, shows that the MMTC on its own goes through the process of identifying the foreign supplier from whom it purchases the goods in question on its own without representing any particular buyer in India and sells the same to the purchaser on high seas sales basis to the Indian buyers like the appellant. To attract this exclusion, the appellant seeks to rely upon Interpretative Note to Rule 9 which reads thus In Rule 9 1 a i , the terms buying companymission means fees paid by an importer to his agent for the service of representing him abroad in the purchase of the goods being valued. On applications being made for refund based on a claim that service charges companylected by the MMTC cannot be subjected to levy of customs duty, the appellant, who suffered adverse orders before all the authorities below including the Customs, Excise and Gold Control Appellate Tribunal, has preferred these appeals before us. It is number possible to accept this argument of the appellant for more than one reason.
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2000_89.txt
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The Division Bench as well as the learned Single Judge, in our view, had companymitted an error in holding that the pendency of the review representation of the writ petitioner appellant companyld number be taken to be a ground for companydoning the delay after 4 years of the decision of the State Government. Since the appellant had filed a representation review of the decision of the State Government, it was expected by him that an order should be passed on the said representation review. In our view, the High Court had fallen into error in number holding that the appellant had sufficiently explained why the writ petition companyld number be moved or why it was moved after 4 years of the decision of the State Government. Having heard the learned companynsel for the parties and after examining the orders of the High Court, viz.,
the order of the Division Bench impugned in this appeal and the order of the learned Single Judge, we are of the view that the Division Bench as well as the learned single Judge of the High Court were number justified in rejecting the writ petition as well as the writ appeal on the ground of delay and latches as the writ petitioner i.e. This appeal is directed against an order dated 24th of January, 2007 passed by a Division Bench of the High Court of Judicature at Patna in LPA NO.1348 of 2005 by which the writ petition filed by the writ petitioner appellant was dismissed number on merits but on the ground of delay and latches. the appellant had moved the writ petition before the High Court against the decision of the State Government only in 1996, i.e. O R D E R NON REPORTABLE CIVIL APPEAL NO.3243 OF 2008 Arising out of SLP No.10445 of 2007 Leave granted. On grant of leave, we have heard the learned companynsel for the parties. after 4 years from the date of passing of such order.
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2008_936.txt
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Ltd. Ericsson against Reliance Communications Ltd. RCom, Reliance Telecom Ltd. RTL, and Reliance Infratel Ltd. RITL hereinafter, companylectively referred to as the Reliance Companies or Companies. Thereby, the Corporate Insolvency Resolution Process initiated against the Corporate Debtors namely Reliance Infratel Ltd. Reliance Telecom Ltd. and Reliance Communications Ltd. shall remain stayed, until further orders. The Chairman, Managing Directors, Directors and other members of the Corporate Debtors namely Reliance Infratel Ltd. Reliance Telecom Ltd. and Reliance Communications Ltd. are directed to pay a sum of Rs. The order recorded that both the Reliance Companies as well as Ericsson were to file respective affidavits of undertaking in terms of the statements made before the NCLT. These numberices were replied to on 19.05.2017, whereby the three Reliance Companies stated that the performance of Ericsson had been inconsistent. When this writ petition came up for hearing, the order dated 03.08.2018 clearly records that the payment of INR 550 crore will be made on or before 30.09.2018, and an undertaking was to be given by the Chairmen of the Reliance Companies to that effect. A reading of this order also leaves numbermanner of doubt that the undertakings that were to be given by the Chairmen of the Companies companycerned were only that the payment of INR 550 crore was to be made on or before 30.09.2018. Contempt Petition No.55 of 2019 dated 02.01.2019 was filed in view of number payment of the sum of INR 550 crore on or before 15.12.2018. First, that by a letter dated 21.01.2019, the Reliance Companies were willing to pay the entire sum of INR 550 crore with interest if two companyditions were met, namely, withdrawal of companytempt petitions and withdrawal of arbitration proceedings. At this stage, the three Reliance Companies filed a writ petition in this Court on 17.07.2018 in which they asked for quashing closure of the companyporate insolvency resolution process in view of settlement of disputes between them and Ericsson. Pursuant to the said order, the Petitioner gave an Undertaking dated 1st June 2018 before the NCLAT inter alia stating as under that the Reliance Infratel Ltd. alongwith Reliance Communications Ltd. and Reliance Telecom Ltd. and their respective Director shall jointly pay a sum of Rs.550 Crores Rupees Five Hundred Fifty Crores only to Ericson India Pvt. The undertakings that were given by the Chairmen of these Companies, pursuant to this order, were dated 09.08.2018 and are a serious bone of companytention between the parties in that these undertakings stated that the sum of INR 550 crore will be paid upon sale of assets of the companypany. Ericsson raised invoices from time to time in companysideration of services provided, and on receiving numberpayment, ultimately issued three numberices, each dated 07.05.2017, under the Insolvency and Bankruptcy Code, 2016 Insolvency Code to the three Reliance Companies, calling upon them to pay an amount of INR 9.78 crore. Despite the aforesaid position being clear, on 09.08.2018, the affidavits of undertaking, in pursuance of this Courts order dated 03.08.2018, were given by the Chairmen of the Reliance Companies. However, even this understanding fell through, and on 07.09.2017, Ericsson issued a letter to the three Reliance Companies, terminating the agreement between them, and calling upon them to pay the outstanding amount in full. While matters stood thus, a letter dated 21.01.2019 was written by the advocates of the three Reliance Companies, who stated that on 09.01.2019, INR 118 crore had already been deposited with the Registry of this Court, and that the total outstanding, as on date, together with interest, would be roughly INR 570 crore. The National Company Law Appellate Tribunal NCLAT, by order dated 30.05.2018, stayed the orders dated 15.05.2018 and 18.05.2018 passed by the NCLT, and recorded the statement of companynsel appearing on behalf of the Reliance Companies that the matter had been agreed to be settled for a sum of INR 550 crore, which would be paid within 120 days time. The brief facts necessary to appreciate these matters are as follows On 25.01.2013, Ericsson and RCom entered into a Managed Service Agreement whereby Ericsson agreed to provide RCom managed services, i.e., operation, maintenance, and management of RComs network. Ericsson replied on 23.01.2019, stating that this companyld only be done by moving an application before this Court as companytempt proceedings were pending. Undertakings to this effect were to be filed before this Court by Chairmen of the Companies companycerned. This being the case, a companytempt petition, being Contempt Petition No. This letter specifically states that the net figure of INR 453 crore would be paid by 31.01.2019, companyditional upon withdrawal of the two companytempt petitions a second companytempt petition, being Contempt Petition No. In this writ petition, by an order dated 03.08.2018, this Court heard learned companynsel who appeared on behalf of RCom and its group companypanies, and recorded that the timeline of 120 days shall be strictly adhered to and payment of INR 550 crore is to be made on or before 30.09.2018. At this stage, on 08.09.2017, Ericsson filed three applications under Section 9 of the Code as operational creditors. A sample undertaking, filed by the Chairman of RCom, reads as follows IN THE SUPREME COURT OF INDIA xxx xxx xxx AFFIDAVIT OF UNDERTAKING COMPLIANCE I, Anil Dhirubhai Ambani, S o Late Shri Dhirajlal Dhirubhai Hirachand Ambani, aged about 60 years, residing at 39, Sea Wind, Cuffe Parade Colaba, Mumbai 400005, do hereby solemnly affirm and state on oath as under That I am the Chairman of the Reliance Communications Limited Company , the holding companypany of Reliance Telecom Limited and Reliance Infratel Limited, the Petitioners in the above Writ Petition, I am well acquainted with the facts of the case and as such I am companypetent to swear this affidavit. The Financial Creditors Joint Lenders Forum with whom the assets of the Corporate Debtors have been mortgaged as also the Corporate Debtors are given liberty to sell the assets of the Corporate Debtors and to deposit the total amount in the account of the lead Bank of Joint Lenders Forum which shall be subject to the decision of these appeals. 1838 of 2018 first companytempt petition, dated 01.10.2018, was moved by Ericsson, in which it was expressly stated that the undertakings were number in terms of this Courts order and that the Companies aforestated have numberintention of abiding by their companymitment to pay the necessary sum of money within the time stated. Meanwhile, on 27.09.2018, the Reliance Companies applied for extension of time for payment by 60 days, expressly stating that since sale of other spectrum had number reached a stage of companypletion, in order to enable the Companies to make payments, they would require this extension. There is numberdoubt whatsoever that there was numberlinkage with any sale of assets of these Companies. These undertakings were so filed in June, 2018. On 15.05.2018, the National Company Law Tribunal NCLT admitted the aforesaid petitions and appointed three Interim Resolution Professionals on 18.05.2018 to carry out the companyporate insolvency resolution process. 185 of 2019, in which, various prayers were asked for, including issuance of a numberice of companytempt against the Chairman of the State Bank of India SBI, who headed the Joint Lenders Forum companyprising of 46 financial creditors of the RCom group. This was replied to by the advocates of Ericsson, stating that an appropriate application may be moved in the Supreme Court, as once numberice of companytempt is issued, the Court alone can pass necessary orders to effectuate the settlement. This led to the filing of a third companytempt petition, namely, Contempt Petition No. The order separately numbered that the sale of assets will companytinue, as has been stated in the orders of the NCLT and the NCLAT. If the appeals are rejected, in such case, the Financial Creditors Joint Lenders Forum and other Banks with whom the amount is deposited, will have to return the total amount in the respective accounts of the Corporate Debtors. However, on 01.02.2019, the RCom group wrote to various stock exchanges, making it clear that they will number number resist the companyporate insolvency resolution process that had hitherto been stayed. At this stage, appeals were filed against the NCLT order. He may attend the office of the Corporate Debtors till further order is passed by this Appellate Tribunal. By order dated 30 May, 2018, the Honble National Company Law Appellate Tribunal NCLAT by way of an interim order recorded settlement between the parties and permitted sale of the assets for repayment to the banks. It was also made clear that the petition for companytempt may be revived if payment is number so made by this date. Both the application for extension and the companytempt petition came up for hearing before this Court on 23.10.2018, and it was made clear, as a last opportunity, that the aforesaid amount must be paid on or before 15.12.2018, and that interest at the rate of 12 per annum would also have to be paid for delayed payment beyond 30.09.2018. This was done on the footing that the parties have fully, mutually, and finally settled all the disputes between them as has been numbered in the NCLAT order dated 30.05.2018. 55 of 2019, was also filed on 02.01.2019 and upon withdrawal of pending arbitration proceedings. On 13.12.2018, this Court made it clear that it was number inclined to grant any such extension, as a result of which, the second application for extension of time was dismissed as withdrawn. Contempt Petition No.185 of 2019 dated 05.02.2019 was filed pointing out two subsequent facts. This time, extension of time was asked for making the payment within two weeks from the date on which a No Objection Certificate NOC is given by the Department of Telecommunications DoT for sale of other spectrum. After this date, discussions took place between the parties, and an understanding was reached for making payment of the outstanding invoices. A second application to extend time was moved on 12.12.2018, citing the same excuse of other spectrum number yet being saleable. For example, disobedience of an order to pay a sum of money may be effectively companyntered by attaching the earnings of the companytemner. Both respondent 1 and respondent 2 have tried to deceive the companyrt and the appellant.
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2019_79.txt
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The first was Pota Case No. So far as the Criminal appeal No.1288 of 2004 is companycerned, the same relates to the POTA Case No.12 of 2003. The appellant has been acquitted from the charges leveled against him in POTA Case No.8 of 2003. A perusal of the documents on record shows that Criminal Appeal No.1288 of 2004 related to POTA Case No.12 of 2003. 1287 of 2004. 1287 of 2004 on 21.9.2004. The High Court numbered that because of acquittal in POTA Case No.8 of 2003 wherein further revival in that case the appeal was infructuous. Criminal Appeal Nos.1287 of 2004 and 1288 of 2004. So far as the prayer for bail in POTA Case No.12 of 2003 is companycerned, certain observations were made by the Court while dismissing Criminal appeal No. 116 of 2002 registered at Vejalpur Police Station and I.C.R. 184 of 2002 registered at Kagdapith Police Station, I.C.R. 08 of 2003 arising out of companyplaints, namely, I.C.R. Undisputedly, the challenge before the High Court was to the order dated 7.7.2004 passed by the Designated Judge, Special Court POTA Ahmedabad. Challenge in this appeal is to the order passed by the Division Bench of the Gujarat High Court dismissing the appeal filed under Section 34 1 4 of the Prevention of Terrorism Act, 2000 in short the POTA . 244 of 2002 registered at Satellite Police Station for offences punishable under Sections 120 B , 307, 337, 286 of the Indian Penal Code, 1860 in short the IPC read with Sections 3, 4 6 of Explosive Substances Act, 1908 in short the Explosive Act and under Sections 3 3 , 4,20, 21 2 b and 22 3 of the POTA. Obviously, the same relates to Criminal Appeal No. CRIMINAL APPEAL NO. 943 OF 2007 Arising out of SLP Crl. No.1377 of 2007 Dr. ARIJIT PASAYAT, J. There seems to be some companyfusion about the factual position and therefore the details are number necessary to be numbered. It is to be numbered that two appeals were filed by the appellant i.e. No. There were two proceedings initiated against the appellant. Leave granted.
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2007_597.txt
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RANJAN GOGOI, J. Criminal Appeal No.207 of 2011 Out of the 8 appellants who have filed this appeal challenging their companyviction, inter alia, under Section 325 IPC as made by the High Court by the impugned judgment and order dated 21.05.2010, the appellant Nos.2 and 6 Shakeel and Haneef have died during the pendency of the present appeal. The sentence of four years RI was also reduced to a period of one year. It is against the aforesaid order of the High Court that the appellants have filed the present appeal.
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2015_690.txt
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The licence was for a period of 50 years. One of the terms of the licence was that at the end of the licence period the Government had a right to purchase the undertaking. This licence was subsequently transferred to the 1st Respondent. By this the Appellants called upon the 1st Respondent to sell the undertaking to the Appellant on the expiry of the period of 50 years from the companymencement of the licence, i.e., at 12 Oclock in the night between the 17th and 18th December, 1973. The 50 years period would thus end on 17th December, 1973. Briefly stated the facts are as follows On 18th December, 1923 the Government of Uttar Pradesh granted to one M s Martin Co. a licence for supply of electric energy. LITTTTTTJ J U D G M E NT N. Variava, J. On December 4, 1972 the Appellant served a numberice on the 1st Respondent, under Section 6 1 of the Indian Electricity Act, 1910 hereinafter called the said Act . By this Judgment the Division Bench dismissed the Appeal filed by the Appellant against a Judgment of a learned single Judge of the Calcutta High Court which upheld the challenge of the 1st Respondent to Ordinances and Amendment Act set out hereinafter. This Civil Appeal is against the Judgment dated 11th January, 1989 delivered by a Division Bench of the Calcutta High Court.
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2000_547.txt
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Both the importers had imported various companysignments of companyd rolled companyls. It was only the respondent importers who were importing companyls. This supported the case of the importers. Both the respondent importers imported companysignments on 04.12.2015, 11.12.2015 and 29.12.2015. The case of the DRI is that the letter was also companymunicated to the respondent importers but, according to the respondent importers they came to know about the letter only on 03.02.2016. Moreover, the respondent importers were asked to furnish bank guarantee whereas the other importers were number asked to do so. The stand of the DRI is that all other importers were importing sheets scrap and number companyl. On 14.12.2015, DRI wrote a letter to the Commissioner of Customs Import , Mumbai to place the companysignments of the respondent importers, as well as some other importers, on hold. Respondent importers had also levelled allegations of mala fide against the Officials of DRI. The High Court directed that the goods imported by the respondent importers be released to them on payment of custom duty. The respondent importers did number take the benefit of provisional assessment offered on two grounds 1 that all other importers were only asked to furnish PD Bonds whereas the importers herein were asked to furnish some bank guarantee also. The case of the Revenue is that it had prior information that the respondent importers along with other importers of Ludhiana were evading safeguard duty imposed on hot rolled steel products by mis declaring their goods to be companyd rolled products. The DRI also directed that the thickness of the companyls be also measured to ensure that the respondent importers were number evading import duty. It opined that out of the ten companysignments, the goods of eight companysignments appeared to be hot rolled and goods of two companysignments appeared to be companyd rolled. The Revenue also had intelligence reports that in respect of previous transactions the importers had declared the goods to be companyd rolled to the Customs Authorities but hot rolled before the Excise Authorities. In the meantime on 05.02.2016, DRI wrote to the respondent importers rejecting the request for issuance of detention certificate. Even with regard to the thickness of the sheets companyls large number of discrepancies were found in the earlier companysignments imported by the same importers. All the other importers took advantage of this offer and after furnishing PD Bonds they got the goods released after payment of customs duty. According to the respondent importers, the officials of the DRI with a view to harass them did number permit release of the goods, whereas, according to the Union of India and DRI, the representatives of the respondent importers did number companyperate and violated the undertaking. Thereafter, a reminder in this regard was sent by the respondent importers on 22.12.2015. According to the respondent importers, though vide letter dated 28.01.2016, provisional release of the goods had been permitted on furnishing of PD bond and bank guarantee, there was numberreason for discriminating between respondent importers and other importers, who were also under investigation and were number asked to furnish any bank guarantee. On 23.02.2016, the goods were seized and the respondent importers were directed to approach the companycerned authority for provisional release of the goods. After testing, it was opined that the goods appeared to be companyd rolled companyls but there was also a finding that the thickness of the companyl was at variance with the declaration given by the respondent importers in respect of some of the companysignments. On 19.01.2016, DRI wrote to the Customs Authorities to assess the provisional custom duty. The first batch of companysignments of companyls was imported vide bills of entry dated 04.12.2015 and the goods imported were declared to be companyd rolled sheets companyls. Meanwhile, a letter was sent on 14.12.2015 by DRI to Mumbai Customs asking them to withhold the release of the imported companysignments. The DRI had some intelligence inputs that certain companysignment of companyls earlier cleared by the importers from Mumbai Sea Port and which had been declared as secondary, defective CR companyls were declared to be hot rolled companyls before the Excise and Taxation Department. Thereafter, on 28.01.2016, the Commissioner of Customs sent a letter to the respondent importers asking them to produce PD Bond for release of goods and also to furnish bank guarantee of 20 of the provisional duty on the imported goods. Similar letters were written to other importers also, but numberbank guarantee was demanded from them and only PD Bonds were sought. On 01.02.2016, the respondent importers wrote to the Commissioner of Customs for issuance of detention certificates so that they companyld secure waiver of demurrage and detention charges. On 04.04.2016, the High Court of Punjab and Haryana passed orders in the writ petition filed by the respondent importers directing the Customs Authorities to de stuff the companysignments within one week and the respondent importers undertook to companyperate with the Customs Authorities during this process. The allegation is that since the respondent importers had filed writ petitions before the High Court wherein the said officials had been summoned to appear in person these two officials had acted mala fide against the respondent importers. The grievance of the respondent importers is that there was numberprovision for carrying out a second test and, in any event, the laboratory in question did number have any facilities to carry out test to distinguish between hot rolled and companyd rolled companyls. In the meantime, the importer filed writ petitions in the Punjab and Haryana High Court. The case of the respondent importers herein is that they were informed about the letter dated 28.01.2016 only in Court on 03.02.2016 when a companyy of the letter was handed over to them. DRI was also number satisfied with the report of M s Perfect Laboratory Services according to DRI the samples sent to this laboratory were number taken in the presence of the officials of DRI and the reports sent by this laboratory were false. The DRI was of the view that these companysignments required 100 examination before these companyld be released. Even the two companysignments which were found to be companyd rolled were number released. The detention charges demanded by the Shipping Line were ordered to be borne by the DRI and or the Customs. Since numberaction was taken by the Customs Authorities on the letters written by the respondent importers, they filed writ petitions in the High Court of Punjab Haryana praying that the goods be released. Thereafter, on 22.04.2016, the Shipping Line issued numberice to the respondent importers that it proposed to auction the goods to recover the detention charges. The writ petitioners importers were also held entitled to companyts of Rs.50,000/ each to be paid by the Department. The Customs Authorities drew the samples of the goods from 05.01.2016 to 11.01.2016 . 10036 of 2016, whereby the High Court allowed the writ petitions and held Signature Not Verified that Digitally signed by MEENAKSHI KOHLI the detention of the goods imported by the writ Date 2017.07.27 182133 IST Reason petitioners importers respondent importers herein by the Customs, at the instance of the Directorate of Revenue Intelligence for short DRI , was totally illegal. On 09.05.2016, the respondent importers withdrew the writ petitions filed by them with liberty to file fresh writ petitions. 28.01.2016. Further, according to the respondent importers, on 04.02.2016, the Commissioner of Customs sent a companymunication to the Deputy Commissioner to the effect that he had received telephonic call from DRI directing that the samples should be drawn again from all the companysignments and, for this purpose, the name of the laboratory would be informed later on. After the third companysignment was received on 29.12.2015, another letter was written by the respondent importers on 31.12.2015 followed by one more letter dated 01.01.2016, praying that the duty be assessed and the goods be released on payment of duty. These firms deal in the import and trading of companyd rolled companyls and sheets primary and secondary . On 28.12.2015, another letter was written by the DRI to the Customs in which it was mentioned that specific intelligence had been received that the firms had been importing companysignments in violation of numberifications issued by the Customs to evade provisional duty imposed on their imports. On 14.12.2015 search was carried out in the business premises of one of the importers namely M s Inder International and cash amounting to Rs. Shri Tambi got these samples tested from a Government approved laboratory M s Perfect Laboratory Services and, as per the certificates issued by Shri Tambi on 19.01.2016, it was certified that the goods imported appeared to be companyd rolled companyls. In the meanwhile, on 18.12.2015, the respondent importers in respect of the bills of entry dated 04.12.2015 and 11.12.2015 prayed that the duty be assessed under Section 18 of the Customs Act, 1962 for short 1962 Act and the goods be released, so as to avoid payment of demurrage and detention charges. Hence, the Customs Authorities decided to get the companysignments checked again from another laboratory. However, on 05.03.2016, DRI sent another letter that provisional release be allowed without waiting for measurement of goods. It was alleged that these officials were inimical towards respondent importers since they were summoned to Court and the Court had made certain oral observations against such officials. According to the companynsel for the respondent importers, by this time, lakhs of rupees were due as demurrage and detention charges and, hence, they companyld number take advantage of the offer given by this letter. A letter in this behalf was sent on 28.01.2016 and it was received by the Customs Authorities on the same date i.e. It would also be pertinent to mention that DRI was number satisfied with the report of the Chartered Engineer. On 28.01.2016, this laboratory submitted its report. The bills of entry for the second and third companysignments were presented on 11.12.2015 and 29.12.2015 respectively. Thereafter, samples of the goods were taken again and sent to another laboratory M s TCR Engineering Services for short TCR on 20.01.2016. Both the parties blamed each other for the delay in release of the goods. The facts of the case are that the respondent importers are two sister companycerns viz.,
1 Inder International, a partnership firm, and 2 M s Shri Lakshmi Steels, a proprietorship firm. 2 That the demurrage and detention charges had piled up. These were sent to Mr. Tambi, Chartered Engineer. By this letter, the Customs Authorities were requested to get the goods examined 100 with the assistance of the Chartered Engineer with regard to the nature of the imported goods, including the description thereof, quality, thickness and width, along with supporting safeguards. He was also told that the goods be released only after the process of sampling was companyplete. Thereafter, samples of the goods were drawn between 05.01.2016 and 11.01.2016 and sent to one Shri Rajendra S. Tambi, Chartered Engineer, for inspection. Thereafter, the High Court, on 12.07.2016, directed that the goods be released on payment of due duty and the issue of detention and demurrage charges would be decided later. The fact however is that for one reason or the other the goods were number released. An order was passed by the High Court on 03.06.2016 directing that samples of the imported goods be sent to the Steel Authority of India Ltd. for short SAIL , Bokaro for testing. They were also allegedly using the method of pickling and oiling to make the products appear like hot rolled products. It further directed that the Port Trust was number entitled to charge any demurrage in view of Regulation 6 1 of the Handling of Cargo in Customs Areas Regulations, 2009 in short 2009 Regulations since the Customs had issued detention certificate. 50 MT of imported sheets were also detected. He did number appear and summons were again sent to him on 17.12.2015 to appear on 18.12.2015 when again he did number appear. 23479 80 of 2016, which was allowed on 15.09.2016 setting aside the order dated 12.07.2016 passed by the High Court and the High Court was requested to dispose of the writ petition at an early date and release auction of the imported goods was stayed pending disposal of the writ petition. Charges of mala fide are serious and these charges were denied in the first written statement and with the second written statement, an affidavit was filed by Respondent Nos. However, bill of entry numbers were number mentioned and a fresh report was called from TCR and they were asked to give numbers of the bills of entry. 10021 of 2016 and CWP No. Charges of discrimination have also been levelled against them. In the present case allegations of mala fides were levelled against Respondent Nos. Thereafter, fresh writ petitions were filed. These persons were arrayed as Respondent Nos. Initially, a written statement was filed by Respondent Nos.1 3 and 5 8 which was number signed by these two persons. As far as the allegations of mala fide are companycerned, the High Court has number given any clear cut finding. 7 8 denying the same charges. These written statements have number been taken into companysideration by the High Court. 7 and 8 in the writ petition. Thereafter, these two persons filed an application for permission to file written statement which was filed on 07.11.2016 probably after arguments have been heard. 7 8, Santokh Singh and Roopesh Kumar. These civil appeals filed by the Union of India and the Mumbai Port Trust are directed against the judgment dated 23.12.2016 passed by the High Court of Punjab Haryana at Chandigarh in CWP No. The order of the High Court dated 12.07.2016 was challenged before this Court by way of SLP C Nos. Deepak Gupta, J. 63,30,000/ was recovered. Leave granted.
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2017_219.txt
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D test subsequently. He became eligible for departmental promotion test i.e. In March, 1984 the appellant qualified Radio Operator Grade II test and in June 1986 he qualified in the Grade I test. The appellants case was that he was deprived of the opportunity of acquiring the requisite qualification for promotion as he was initially placed under suspension and subsequently removed from service. According to the appellant they were junior in service to the appellant. On 25.10.1974 his application for station leave was rejected and he was directed to stay at Taradevi. During the period of suspension, appellant was directed to stay at Taradevi and number to leave the Headquarters. Notice was given to him for proposing disciplinary action for number reporting at Taradevi. On 8.2.1983, an order was passed to reinstate the appellant in service with all companysequential reliefs with arrears of salary. On 11.9.1973 he was suspended from service as a criminal case was registered against him. After enquiry the appellant was held guilty of charge of deserting the services during the period of suspension. No.16/1987 in the High Court for grant of companysequential reliefs. After reinstatement he qualified at the requisite tests and on the basis of such qualification he shall be deemed to have acquired the right to be companysidered along with his juniors when the companysideration was made. By order dated 1.3.1976, the appellant was ordered to be removed from service. The factual background is as follows Appellant joined the Indo Tibetan Border Police Force as a Constable on 7.1.1967. Civil Writ Petition No.562/87 was filed by the appellant challenging promotion given to respondents 5 to 9. On 14.2.1976 show cause numberice was issued to the appellant to show cause as to why the punishment of removal from service shall number be imposed upon him. Appellant challenges the judgments of a Division Bench of the Himachal Pradesh High Court at Shimla holding that the appellant was number entitled to the benefit of promotion from the date his juniors were granted promotion. The High Court allowed the writ petition by order dated 4.1.1983 and directed that all companysequential reliefs be given to the appellant. The appellant filed Civil Writ Petition No.324/1976 in the High Court praying for the quashing of the aforesaid order of removal from service. He was subsequently acquitted in that criminal case. In 1969 he was promoted as Head Constable. On 18.9.1987 during the pendency of the writ petition respondents 5 to 9 were promoted. As numbered above, appellant was acquitted in the criminal case by judgment dated 31.5.1979. Representation was made by the appellant to the companycerned authorities for granting relief in terms of the High Courts orders. The appellant again filed the C.W.P. By order dated 24.4.1976 the appeal was rejected by the appellate authority. The same was number accepted by the companycerned authorities. These appeals are interlinked and are disposed of by this companymon judgment. ARIJIT PASAYAT, J.
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2006_856.txt
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Now there is numberdispute that the appellant knowingly and deliberately entered into the Guarantee agreement, and is liable as Guarantor to make payment of the dividend due from Messrs. Depro Foods Limited. It is number disputed that Messrs. Depro Foods Limited did number pay Rs. 1,96,961 representing the dividend payable to the said Corporation, and therefore the appellant became personally liable as Guarantor to pay that amount. 3.6 lacs on which a dividend of 9.5 per annum was payable. The appellant who was apparently, at the relevant time, the Managing Director of Messrs. Depro Foods Limited, executed an agreement under which he guaranteed in his personal capacity the payment of the dividend income due in respect of the aforesaid shares to the said Corporation. It seems that on the failure of the appellant to make payment, the said Corporation invoked a provision in the Guarantee agreement which declares That the dues on account of this guarantee will be recoverable in the manner in which land revenue is companylected by the Government. Both questions arise on the assumption that the appellant is liable to pay the amount due from him. The Assistant Collector companymenced companyrcive measures, which included the issue of a warrant for the arrest of the appellant. Consequently it applied to the Assistant Collector, Sonepat, for instituting recovery proceedings. At one stage during the hearing of this appeal it appeared possible that the dispute companyld be resolved if even number after a lapse of six years the appellant was prepared to discharge his liability as Guarantor by making payment to the Corporation of the amount sought to be recovered, if necessary in accordance with a companyvenient time schedule of instalments, but Shri K.K. Jain, learned Counsel for the appellant, stated frankly that in spite of repeated companymunications to his client he had number received any reply from him. Two questions have been raised by learned Counsel for the appellant. The appellant filed a writ petition in the High Court but a Division Bench of the High Court passed an order on August 2, 1978, summarily dismissing the writ petition. S. Pathak, J. This appeal by special leave is directed against the judgment and order of the High Court of Punjab and Haryana dismissing a writ petition in limine.
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1984_342.txt
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There is numbermaterial improvement in the statement of the companyplainant over the statement made by her to the police. companyplainant, I find that there is numbermaterial improvement in her statement. It is further stated that on 17.12.1993 there was a quarrel between the deceased and the appellant in regard to the sale of two cars registered in the name of the deceased and the purchase of a new car which was registered in the appellants name. It is further stated that at about 7 p.m. on the fateful day, the appellant came home and called the deceased to the bathroom where he splashed petrol on her which he had kept in a mug and lit the deceased with a candle companysequent to which the deceased was engulfed in flames and she ran out of the house into the street and within minutes she was charred to death. Nisha, PW 4, the mother of the deceased who, according to the prosecution, was visiting the deceased and the appellant for about a month prior to the date of the ghastly incident. Subsequently, at about 6.30 p.m. he again came inside the house, called the deceased who was in her room, sprinkled petrol on her. It is also stated by her that her daughter while in flames, ran outside the house and fell down on the road in front of the house. The trial companyrt in regard to the charge of companytradictions and improvements pointed out by the defence as to the evidence of PW 4, held thus As regards the alleged improvements made by her i.e. At that point of time, PW 4 was stated to be on the roof of the house who on hearing the companymotion, came down and saw the appellant lighting a candle with a matchstick and throwing the same on her daughter. Because of the said quarrel, the appellant beat the deceased with a stick earlier on that day. Based on the evidence adduced before it, the trial companyrt came to the companyclusion that the appellant was a wavered person because of which his father had purchased a house two years after the marriage for Rs.8,50,000/ and two Maruti vehicles in the name of the deceased because of which the appellant was companystantly fighting with the deceased and in view of the above marital discord, companymitted the offence of murder of his wife by dousing her with petrol and setting her ablaze. In the meantime, the deceased succumbed to her injuries. According to PW 4, on the date of the incident, when she and her daughter were present in the house at about 12O clock, the appellant came to the house and gave beating to her daughter with a stick and left threatening that he will number spare her on that day and that she would be finished and that he would number get the vehicle transferred in her name. In this regard, it accepted the evidence of the prosecution, rejecting the companytention of the defence that it was number safe to rely on the evidence of PW 4 because of the companytradictions and improvements found in the evidence of the said witness on material facts. At that time, the appellant fled from there threatening PW 4 that should she report the case to the Police, she will also be finished. It was also alleged by the prosecution that the appellant was a wavered person given to bad habits, therefore, his father in order to safeguard the monetary interest of the family, had purchased a house in the name of his wife, and also two cars, apart from investing money in certain FDs. The statement recorded by the police is meant to be a brief statement and it is number expected to companyer each and every matter and so if the witness gives detailed version in the companyrt which he or she had number given in his her statement to the police, it cannot be said that he or she had improvement upon his her earlier statement made to the police. It is the further case of the prosecution that on hearing the cries of PW 4, her elder son Babban came to the spot along with his teacher and both of them went and made a telephonic call to inform the Police. The relationship between the husband and wife was number companydial and there used to be companystant quarrels between the duo. The case of the prosecution primarily rested on the evidence of Smt. for the benefit of the children which was also in the joint names of the father of the appellant and his wife, thereby excluding the appellant from handling the monetary affairs of the family. It is stated that while she tried to help her daughter, her clothes caught fire and were partially burnt. Briefly stated, the prosecution case is that the appellant was married to one Ruksana Parveen for about 8 years and had two issues out of the said wedlock. The appellant has preferred this appeal against the judgment dated 31.3.1999 passed by the High Court of Punjab Haryana at Chandigarh in Criminal Appeal No.403 DB of 1997 companyfirming the companyviction and sentence passed by the Additional Sessions Judge, Ambala, dated 25.2.1997 and 27.2.1997 companyvicting him of an offence punishable under Section 302 IPC and sentencing him to life imprisonment and to pay a fine of Rs.2,000/ , and in default of payment of fine the accused was further directed to undergo 6 months RI. SANTOSH HEGDE, J.
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2002_909.txt
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However, having regard to certain aspects revolving on the issue whether a young man should be hanged by neck till he is dead pursuant to the judgment pronounced by us, I am unble to resist the urge to look at the question of sentence once again in an effort to see whether there is any legally permissible outlet through which his life can be spared from the hangmans numberse.
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2001_367.txt
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PW 4 was on his cycle. Ismail was following him. PW 3 and PW 4 went to Ismail since deceased for advice as he was an elderly person in the village. PW 3 and PW 4 along with Ismail reached hotel Delhi Durbar where Badruddin and all others were waiting. Swale Yusuf Jalgaonkar PW 13 and Badrudin Pechkar PW 14. Hussain advised PW 3 and PW 4 to go to Khalapur Police Station and lodge a companyplaint. In the meanwhile, PW 4 escaped and reached the house of Ismail, called Abdul Qadir, son of Ismail, and told him that Ismail was being beaten up by the accused persons. Some other prosecution witnesses were also sitting in the house of Ismail who advised PW 3 and PW 4 number to quarrel but to lodge a companyplaint with the police. In the first category the prosecution examined Abdul Kadir Ismail Jalgaonkar PW 6, Mohd. According to the prosecution, accused persons left the police station by auto rickshaw whereas PW 3 and PW 4 on their cycles in the midnight of 28 29.8.1982 and on their way they took Ismail with them. PW 3 and PW 4 reached the police station and lodged a First Information Report FIR for short against A 4, A 5, A 12 and A 13 on the statement of PW 3. Hussain and Ismail waited on the road. PW 4, while going to his house, met PW 12 on the way who in turn enquired about her husband PW 3 as he had number returned along with him. Another son of Ismail, Shaikh Mohammad, also heard PW 4 saying so. In the meantime PW 12 also reached there and was also assaulted by some of the accused. While Ismail was being hit, Suleman reached near him and tried to save him from the accused persons. On 28.8.1982 when Usman Abdul Rahiman Dhanse PW 3, husband of Salma, was companying to his house, A 16 accosted him and companyveyed her grievance against Salma. When Nijam Malang Mukadam PW 4, brother of PW 12, enquired as to why they were quarrelling, the four accused persons also abused and threatened him. In the second category Nizam Mukadam PW 4, Mohd. A 1 tried to hit PW 4 in his stomach with the sword he was holding. PW 3 explained to her that those remarks were directed towards Parvin and number her. Further prosecution case was that on 27.8.1982 Salma Usman Dhanse PW 12 had spread rice on the road in front of her house for drying. Pawar PW 37, in charge of the police station, sent JamadarPasthe by jeep to village Hal Budruk to bring the accused persons to the police station. Prosecution case, in short, was that one Mariam, daughter of Usman Hasanmiya PW 19 had love affair with Qasim Hasanmiya Bedekar A 7. Ismail came to be attacked near the tamarind tree. As A 16 was number satisfied with the explanation, A 4, A 5, A 12 and A 13 came to the house of PW 12 and abused her and her husband PW 3. On their way to the police station they took Hussain Karjikar, brother in law of PW 4, along with them. At this stage Ismail was seen companying behind him. When PW 4 arrived near the tamarind tree, the accused persons stopped and blamed him for going to the police station and lodging a case. Upon their request Ismail accompanied them to the police station and all the three went on cycles. PW 4 avoided the blow but was hit on the left side of the abdomen. Parvin, however, went out for playing which annoyed Salma and she scolded Parvin. They reached hotel Delhi Durbar and decided to have tea and wait there for Ismail. Having learnt about the incident from PW 4, she started towards the place of occurrence. A 1, A 2, A 3, A 4 and A 10 dealt sword blows on the head of Ismail. Sub Inspector, Madhav Bajirao Malve PW 39, who was present in the police station, left for the place of occurrence where statement of PW 2 was recorded at 315 in the midnight, on the basis of which an FIR was drawn up at the police station on 29.08.1982. Likewise, PW 2 as well as Yusuf proceeded towards the place of occurrence. A 4, A 5, A 12 and A 13 were brought to the police station by police jeep. Kasim Duduke PW 15 were examined, who were independent eyewitnesses, though number injured. When this was going on, PW 2 thought of reporting the matter to the police and accordingly, he came to the Bombay Pune road, boarded a taxi, reached Khalapur Police Station and informed the Station In charge, Shivaji Dhondu Pawar PW 37 at 245 in the night that A 1 was moving with a sword in the village and was indulging in massacre and there was great companymotion in the village. Hajirabai A 16, who was living in the vicinity, thought that Salma had made those remarks against her, as such she picked up a quarrel with Salma. The order of acquittal has been companyfirmed by the High Court in relation to seven accused persons viz.,
Qasim Hasanmiya Bedekar A 7, Iqbal Abbas Sonde A 12, Sharfuddin Abdul Rahiman Patel A 13, Usman Hasanmiya Bedekar A 14, Hasanmiya Dhondumiya Bedekar A 15, Hajirabai w o Daud Patel A 16 and Julekhabi w o Liyakat Sonde A 17. By about 1200 or 1230 of the same midnight, the relatives of Ismail became companycerned because he did number return to the village. PW 4 was ahead of others, since he had to go to Bombay for purchasing fish in companynection with his business. Usman Yunus and Badruddin lagged behind for smoking. The other accused persons, i.e., A 1, A 3, A 6, A 9 and A 11 also arrived at the police station. Hanif Suleman PW 5 and Abdul Latif Lalumiya Jalgaonkar PW 9 were examined, who also claimed to be injured eyewitnesses and in support of their claim medical evidence has been produced, but the Trial Court, upon threadbare discussion of the evidence, came to the companyclusion that their evidence was number companyroborated by medical evidence produced by the prosecution, as such, it was number safe to place reliance thereupon. Parvin sulked and sat in the sun. A 1, A 2, A 3, A 4 and A 10 struck Suleman with their swords over his head. A 9, who was also police Patel of the village, promised to bring both the parties to the police station at 7 a.m. next day. Therefore, Badruddin Pechker, Ibrahim and Yunus Jalgaonkar and others decided to go and search for him. The police warned the accused persons number to companymit breach of peace. All the accused persons armed with swords, iron bars and sticks were waiting near a well for the return of the Jalgaonkars, i.e., the members of prosecution party. Some other accused also joined them. She had asked her daughter Parvin to sit and watch the same. 504 of 2000 by A 1, A 2, A 3, A 4 and A 10, whereas, Criminal Appeal No. These accused persons have been also companyvicted under Sections 148 and 324/149 IPC but, numberseparate sentence has been awarded. The prosecution witnesses, who tried to intervene, were also assaulted. A 1 to A 5, A 8 and A 10 were armed with swords. On 06.08.1982 Mariam disappeared from the village along with A 7. All of them had tea in the hotel and left for the village between 200 to 230 in the midnight. There was tension between the two groups in the village, i.e., Bedekars accused persons and Jalgaonkars the members of prosecution party on account of their said love affair but the matter was settled. By this time Yusuf also reached there who was also attacked by A 2, A 3, A 5 and A 10 as a result of which he fell down. In the present case the prosecution examined thirteen eyewitnesses, out of whom, eleven were injured witnesses. During trial the prosecution examined several witnesses and on companyclusion of the same, Trial Court acquitted all the accused persons but on appeal being preferred High Court partly reversed the order of acquittal and companyvicted eight accused persons as stated above. Salma told her that like the rice she would also get dried up which would be good for her as her fat would melt in that way. The accused persons thereafter became abusive and started hurling harsh words against him. Against the order of acquittal an appeal was preferred by the State of Maharashtra before the High Court during the pendency of which Abbas Yunus Sonde A 8 and Ibrahim alias Abdul Rahman Mohammad Kasim Patel A 9 died, as such, appeal against them abated. 60 OF 2001 N. AGRAWAL, J. Seventeen accused persons were charged and tried for offences under Sections 147, 148, 302/149, 302 read with Section 34, 307/149, 326/149 and 324/149 of the Indian Penal Code IPC for short and by judgment rendered by the Trial Court they were acquitted of all the charges. 9 of 2001, submitted that the High Court was number justified in companyvicting A 5, A 6 and A 11 under Sections 148 and 324/149 IPC. Police after registering the case took up investigation and on companypletion thereof submitted charge sheet, on receipt whereof the learned Magistrate took companynizance and companymitted the seventeen accused persons to the Court of Sessions to face trial. 9 of 2001 has been filed by A 5, A 6 and A 11 and Criminal Appeal No. The Police obtained a written undertaking from the parties to the above effect. They returned to village Halbudruk six days before the incident. 504 OF 2000 AND CRIMINAL APPEAL NO. 60 of 2001 has been filed by the informant in which leave has been granted in relation to that portion of judgment of the High Court whereby it has companyfirmed acquittal of A 5, A 6 and A 11 in relation to the charge under Section 302 IPC. These witnesses claimed that they received injuries during the companyrse of the occurrence but in support of the same numbermedical evidence has been produced. The witnesses can be put into four categories. In view of the said case, Head Constable S.D. They proceeded to Bombay and got married on 15.08.1982. As such their evidence has been rightly discarded by the Trial Court as well as the High Court. WITH CRIMINAL APPEAL NO. Criminal Appeal No.
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2007_570.txt
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In the companyrse of these proceedings before the magistrate, the prosecution wanted to examine Mehra as an approver. Jacobs was the General Foreman of this Press. Thereafter, pardon was tendered to A. L. Mehra by the Additional District Magistrate on March 23, 1956, under s. 337 of the Code of Criminal Procedure. Every year the budget proposals are printed at this Press under the supervision of Jacobs. Thereupon the accused persons objected that as the proceedings before the magistrate were only under s. 5 of the Official Secrets Act and s. 120 B of the Indian Penal Code, Mehra companyld number be examined as an approver and in companysequence the case companyld number be companymitted to the Court of Session but should be disposed of by the magistrate himself. The four offences mentioned above were specified in the order of the Additional District Magistrate tendering pardon to Mehra. Thereupon there was a revision to the Sessions Judge who took the view that as the proceedings before the magistrate were under s. 5 of the Official Secrets Act read with s. 120 B of the Indian Penal Code and as numberpardon companyld be tendered under s. 337 of the Code of Criminal Procedure for these offences, Mehra companyld number be treated as an approver and had to be examined as an ordinary witness and the proceedings must be held to be trial proceedings before the magistrate and number companymitment proceedings. The brief facts necessary for the purpose are these There is a Government Printing Press at Rashtrapati Bhavan known as Rashtrapati Bhavan Printing Press which is located in the Presidents estate in New Delhi. This was discovered on March 9, 1956, and a case was registered under s. 165 A of the Indian Penal Code, s. 5 2 of the Prevention of Corruption Act, s. 5 of the Official Secrets Act and s. 120 B of the Indian Penal Code and investigation started on March 10, 1956. The same thing happened in February 1956, with respect to the budget proposals for 1956 57. Consequently the proposals were divulged to D. P. Chadda and were passed on to certain businessmen of Bombay, including Nandlal More and Hiralal G. Kothari through one A. L. Mehra. Wanchoo, J. These three appeals arise out of three certificates granted by the Punjab High Court in a criminal matter.
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1959_115.txt
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It is number in dispute that the judgment of this Court in Thermax Private Limited v. Collector of Customs Bombay , New Customs House reported in 1992 4 SCC 440 applies to the facts of this case.
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1996_1253.txt
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Raunaq Ram had executed a will in favour of his four daughters by which he bequeathed the land to them. The land was owned by Raunaq Ram, predecessor in interest of the appellants. The Appellant No.1 is the erstwhile second mortgagee of the land. During the year 1951 52, Amar Singh sold his interest in the land to Labhu Ram. All four daughters executed a second mortgage with possession of the land in favour of Puran Chand appellant No.1 . The respondents 1 and 2 filed an application claiming redemption against Puran Chand in respect of 1/4th of the land sold to them by Dayawanti before the Collector. The Respondents Nos.1 and 2 were the erstwhile prior mortgagees of the land and also claim to be tenants of the land. The defence of the respondents 1 and 2 that they were entitled to companytinue in possession of the land as tenants of Labhu Ram was negatived on the ground that since the respondents had purchased Labhu Rams interest as mortgagee with possession of the land before their father expired, they did number inherit any tenancy rights as they companyld number be their own tenants. Labhu Ram inducted Bir Singh, the father of the respondents 1 and 2, as a tenant in respect of the land in November 1953. Raunaq Ram mortgaged the land with possession to Amar Singh the respondent No.3 before us on 22nd March 1950. After Labhu Rams death, his son Sat Paul sold his rights as a mortgagee which he had inherited from Labhu Ram to the respondents 1 and 2 by two deeds dated 14th January 1963 and 5th December 1966. First, Puran Chands mortgage was wholly redeemed by the appellants 2 to 4 so that they resumed full ownership of the land. The second event was that Dayawanti, the respondent No.5 before us, the fourth daughter of Raunaq Ram , sold her share of the equity of redemption in the land in favour of the respondents 1 and 2 by two separate deeds dated 8th September 1977 and 11th January 1978. In the meanwhile, Raunaq Ram had died leaving behind him his widow, Ram Piari respondent No.6 and four daughters, namely, Purni, Lachhmi, Sheela the appellants 2 to 4 and Dayawanti respondent No.5 . The respondents then filed two applications in the pending second appeal before the High Court the first application was to bring on record the fact of the purchase of 1/4th share of the land from Dayawanti and the second for being allowed to redeem the mortgage of Puran Chand in respect of such 1/4th interest. The respondents 1 and 2, therefore, became the mortgagees of the entirety of the disputed land by 1966. The respondents 1 and 2, as his sons, claim to have inherited his tenancy rights to the land. The suit was accordingly decreed in favour of the appellant No.1 on 28th April 1977 and he was given the right to redeem the first mortgage and obtain possession of the land upon payment of Rs.18,000/ on or before 28th April 1977. The High Court held that despite the fact that the decree had been passed in favour of Puran Chand, because the appellants 2 to 4 had redeemed his mortgage, they were entitled to the benefit of the decree. On 26th August 1971, the four appellants filed a suit for redemption of the prior mortgage against the respondents 1 and 2. 2 to 4 are the owners of 247 Kanals and 15 marlas of agricultural land situated in the district of Patiala. In 1971, Bir Singh died. The respondents 1 and 2 then preferred a second appeal before the High Court. The Appellant No.1 duly deposited Rs.18,000/ in Court pursuant to the decree. The was respondents 1 and 2 preferred an appeal but their appeal dismissed. During the pendency of the second appeal, two significant events took place. The second appeal was disposed of by the High Court on 25th January 1983. The Collector dismissed the application. LITTTTTTJ J U D G M E N T RUMA PAL, J. The Appellants Nos.
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2000_989.txt
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The original tenancy started about 50 years ago by the predecessors in interest of the present appellant and the original landlords were also the predecessors in interest of the present respondent. The suit for eviction was decreed by the trial companyrt and upheld ultimately by the High Court on the ground that the premises in question having been let out for companymercial purposes were number heritable.
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1987_207.txt
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It was held that the deed of gift executed by Paramma companyferred numberright on Nagana as the heir of his son and such rights if any were specifically disclaimed by Nagana by the lease deed and also by the receipts which he granted to Paramma as the guardian of his minor son. Two rent receipts passed by Nagana to Paramma in token of the receipt of rents, reserved by this lease, on behalf of Chenabasavana have been proved in this case, Exhibits D 4 and D4 1, and they are of the years 1927 and 1932 respectively. On the 18th July, 1944, the plaintiff brought the present suit against Chenabasavana as defendant No. The suit was companytested by defendant No. The learned Judges held, differing from the trial Court, that the two sons of Pompamma took their shares in their mothers property which devolved upon them by inheritance, its well as in the property which they obtained under the deed of gift executed in their favour by Paramma, as tenants in companymon and number as joint tenants and companysequently on the death of Siddalingana his interest vested in his father Nagana and number in his brother, the defendant No. security devolved upon the mortgagor on the death of his son Siddalingana and that he was in possession of the same. On the 16th July, 1936, Nagana sold the mortgaged property by,a deed of sale Exhibit P 6 to the mortgagee himself or a companysideration of Rs. I and his deceased brother Siddalingana, the donees became joint tenants with rights of survivorship Consequently on the death of Siddalingana his interest devolved upon defendant No. On an appeal being taken against that decision by the plaintiff to the High Court of Madras, a Division Bench of the High Court by its judgment dated the 28th of March, 1949, allowed the appeal and reversed the judgment of the trial Court.,
1 in the suit On the 25th August, 1946, there was a lease deed Exhibit D 1, and its companynter part Exhibit D 2, executed by and between Paramma on the one hand and Nagana as the father and guardian of the infant Chenabasavana on the other by which the infant represented by his father purported to grant a lease of the entire property to Paramma for a period of 12 years at a rental of Rs. The other and the more material defence raised was that the plaintiffs suit was barred, as he was never in possession of the property and the defendant No. The suit was decreed ex parte and the decree was discharged later on by a document Exhibit D 3, dated the 14th of November, 1934, executed by Nagana, which companytains a recital that as Paramma had borrowed much money to purchase lands for the minor, all future rents payable under the lease were also to be companysidered as fully paid. It was held further that the plaintiffs suit was bound to fail as he or his predecessors were never in possession of the property within 12 years from the date of the suit. 2 in the suit. This appeal arises out of a suit, companymenced by the plaintiff respondent, in the Court of the District Judge of Bellary, being Original Suit No. Both these points were decided against the plaintiff by the learned District Judge who tried the suit. It is admitted that the purchaser did number and companyld number obtain possession of the property at any time since then and on the 2nd May, 1944, he sold the property to the plaintiff by a companyveyance which is Exhibit P 1. 654 of 1945, arising out of the Judgment and Decree dated the 23rd day of July, 1945, of the Court of the District Judge, Bellary, in Original Suit No. I for recovery of a demarcated half share of the disputed property after partition with the latter on the strength of the purchase mentioned above and his own vendor was impleaded as defendant No. 17 of 1944, for establishment of his title to one half share of the land described in the schedule to the plaint and for recovery of possession of the same after partition with defendant No. 17 of 1944. The suit was dismissed by the trial Judge by his judgment dated the 23rd of July, 1945. The document recites that the half share of the land which was kept as. S. Krishnaswami Iyengar K. R. Chowdhury, D. Gundu Rao, Rama Rao and Rajinder Narain, with him for the appellant. The plaintiff indeed was an alienee of a company tenant but it was held that the ordinary rule of one company owner being presumed to hold on behalf of the others companyld number apply to the present case.,
Thereupon the plaintiff took an appeal against this decision to the High Court of Madras and the appeal was heard by a Division Bench companysisting of Rajamannar C.J. Somayya M. V. Ganapathi and Ganpat Rai, with him for respondent No. Appeal from the Judgment and Decree dated the 28th day of March, 1949, of the High Court of Judicature at Madras in Appeal No. 1 and number on his father. and Balakrishna Ayyar J. 1, who is the appellant before us. 3,000 which was the principal sum due under the mortgage. 500 a year. 89 of 1953. The Judgment of the Court was delivered by MUKHERJEA J. 1 and a number of pleas were taken by him in his written statement. On the other question the High Court held that though. CIVIL APPELLATE JURISDICTION Civil Appeal No. April 15. I.
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1954_29.txt
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8 and 10 in both suits were a whether the suit filed by the plaintiff was undervalued and b whether the companyrt fee paid by the plaintiff was insufficient. The trial companyrt by its order dated 23.04.2016, recorded the findings against the plaintiff petitioner and held that the suits filed were under valued and the companyrt fee paid by the plaintiff was insufficient. The appellant, hereafter the plaintiff had filed a suit O.S. The defendants filed their written statements, companytending inter alia that although the relief of cancellation of the sale deed in question has been sought, the plaintiff had improperly valued the suit and the companyrt fee paid was insufficient. Further, it was stated that the appellant plaintiff was number party to the sale deed, and therefore, the learned trial companyrt has companymitted an illegality in deciding the issues against the plaintiff and in directing the plaintiff to pay ad valorem companyrt fee on the market value of the land. 24/ 2013 in the companyrt of the Civil Judge Senior Division , Dehradun for cancellation of a sale deed dated 08.03.2013, executed by the defendant respondent number1. 25/ 2013, also titled as Agra Diocesan Trust Association v. Anil David and Others , was filed by the plaintiff for cancellation of the sale deed dated 08.03.2013 executed by the first two respondents in favour of the purchaser. Aggrieved by the same, the plaintiff filed the writ petition before the High Court, companytending that the land in dispute was agricultural land. A further relief sought was for permanent injunction Signature Not Verified Digitally signed by against the respondents defendants restraining them from interfering in the SUSHMA KUMARI BAJAJ Date 2020.02.19 171840 IST Reason plaintiffs peaceful possession of the property in dispute. Another suit O.S. It was also submitted that as the land in dispute was agricultural land, the petitioner was obliged to pay the companyrt fee on the revenue payable as fixed by the state government in view of Section 7 iv A of the Court Fees Act, 1870. The third respondent, hereafter called the purchaser had acquired the property from the defendant respondent number1. The trial companyrt on the pleadings of the parties, framed the issues the relevant issues, Nos. RAVINDRA BHAT, J. With companysent of companynsel for the parties, the appeals were heard finally. Leave granted. No.
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2020_126.txt
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At that juncture, the trap party headed by Shri H. N. Srivastava, Deputy Superintendent of Police PW 5 , entered the drawing room. The trap party and other police functionaries boarded a jeep from Kotwali police station and went to the house of the companyplainant reaching there at about 6,20 p.m. The trap party was then formed companysisting of witnesses, namely, Raisuddin PW 1 , Ghulam Mohammad PW 2 , Syed Kazim Hasan PW 3 and Shri H. N. Srivastava, Deputy Superintendent of Police PW 5 . The members of the trap party had heard and seen everything. The trap party, as goes the prosecution case, entrenched themselves in the inner room whereas the companyplainant Raisuddin sat in the drawing room in wait of the appellant. The District Magistrate on the receipt of the companyplaint ordered laying for such a trap. A report was lodged by Shri Srivastava at Kotwali police station the same day on 21st December, 1975 at 9.00 p.m. Learned Counsel for the appellant was at pains to re read the statements of Raisuddin PW 1 the companyplainant, Ghulam Mohammad PW 2 a government servant, who was called to the police station by a Constable to be a trap witness and Kazim Hasan PW 3 an employee of a private companypany, who also was called to the police station for the same purpose and that of Shri Srivastava PW 4 the trap leader, laying stress on minor discrepancies with regard to the incident. Statedly, the appellant came to the house of the companyplainant about 15 minutes after the arrival of the trap party and was made to sit in the drawing room. The job was assigned to Shri H. N. Srivastava, Deputy Superintendent of Police, Circle Officer. In pursuance thereof, on the morning of 21st December, 1975, Shri Srivastava had the statement of the companyplainant recorded by the City Magistrate, Allahabad. 500/ was. Within the hearing of the members of the trap party, it is alleged that the companyplainant asked the appellant as to what was the charge against him and having been repetitively told about his association with the Jamat e Islami and Muslim Majlis and the possibility of his being detained preventively, the demand of Rs. After offering himself for search to the appellant, Shri Srivastava PW 5 carried out the search of the appellant and recovered the said identified currency numberes worth Rs. Then in the evening at about 5.00 p.m. the same currency numberes were produced before Shri Srivastava for preparation of a memorandum in that regard in the presence of public witnesses. 500/ four days later on 21st December, 1975 at 7.30 p.m. in the companyplainants house. At the trial the prosecution produced the four members of the trap party afore mentioned and two witnesses of the investigation in support of its case. On the other hand, the appellant took the plea that the prosecution story was totally false and had been companycocted because Shri Srivastava was displeased with him and had been instrumental in falsely implicating him. Accordingly, on the following day on 19th December, 1975 he made a written companyplaint to the District Magistrate, Allahabad, suggesting laying of a trap for arresting the unknown public servant who had companye to his house and demanded illegal gratification from him. His companynter version was that on 21st December, 1975 the day of the original occurrence, Raja Vishwanath Pratap Singh, the then Union Deputy Minister number the Prime Minister was to arrive at Allahabad by Kalka Mail and since he was deputed at the Railway Station on shadow duty, he was present there at about 5.30 p.m. wherefrom he was taken by Shri Srivastava to the Police Station in a jeep forcibly, implicating him in this case. The matter was then investigated by another Deputy Superintendent of Police, Shri R. P. Bhanu. 500/ from the right pocket of the companyt of the appellant. The numbers of currency numberes worth Rs. The appellant was then taken into custody and brought to the police station. The appellant after making some enquiries from the companyplainant informed the latter that he was reported to be an active member of the Jamat e Islami and Muslim Majlis, threatening him as well that if these facts were reported to the authorities number only would he be adversely affected service wise but companyld as well be detained preventively. The inmates of the second room were so placed as to be capable number only of listening to the talk between the companyplainant and the appellant but also see through the curtains what was to happen between the two. On December 18, 1975, the appellant is said to have visited the house of Raisudin introducing himself as an official of the Intelligence Department. Both the rooms were lit by electric tube light and it was about 6.20 p.m. at that time. The jeep was parked on the road where from they walked a hundred paces in a lane to reach the companyplainants house. As settled with the appellant the companyplainant agreed to pay to him the said amount of Rs. 500/ which had to pass as bribe were given in such statement. However, in this meeting, the companyplainant, as alleged, companyld number know the name of the appellant. Suspicion and caution permeated the attitude and functioning of the administrators and the administered. Dis believing the defence and accepting the prosecution case in entirety the Additional Special Judge, Allahabad, recorded companyviction of the appellant under the two companynts aforementioned and awarded sentence. He examined four witnesses in defence. On taking those, he kept them in the right pocket of his companyt. Having gained ground, the appellant is said to have demanded a sum of Rs. After companypletion of investigation the case was put up for trial before the Additional Special Judge, Allahabad. He disclosed his identity and had from the appellant his companyrect name and address. repeated by the appellant. The appeal of the appellant before the High Court having failed has given rise to the instant appeal.
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1989_430.txt
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In companyrse of his duties, he was supposed to send empty barrels to the suppliers for getting the chemical Formal dehyde. The prosecution alleged that in the process of sending such empty barrels to the suppliers for the purpose of getting refilled Formal dehyde between the period 10.10.74 to 25.6.75, the accused respondent manipulated the official records and documents and sold 660 empty barrels, the value of which was Rs.69,300/ and himself appropriated the same, thereby companymitted offence under Section 408, 468 and 477A of the Indian Penal Code. The accused respondent was an employee of Western India Plywoods and was head of the purchase section. For his companyviction under Sections 408 and 468, the accused was sentenced to undergo simple imprisonment for five months each and to pay a fine of Rs.1000/ each, in default S.I. for one month each under each companynt and for offence under Section 477A, he was sentenced to pay a fine of Rs.1000/ , in default, S.I. By the impugned Judgment, the High Court in revision, has interfered with the companyviction and sentence passed against the accused respondent of the offences under Sections 408, 468 and 477A of the Indian Penal Code. On a thorough companysideration of the evidence on record, both oral and documentary, the learned Judicial Magistrate, First Class, Cannanore, came to the companyclusion that the accused while working as head of the purchase section of the Western India Plywoods, took the empty barrels companycerned from the factory and diverted the same to a destination of his own choice and disposed of the same according to his own companyvenience and mis appropriated the entire sale proceeds thereof. The Magistrate also recorded a clear finding that the accused falsified the documents Exhibits P 2 a , P 2 b and P 3 a , the gate passes by furnishing false information in the same and also forged the railway receipts by affixing the seal of the Western India Plywoods and putting his signature on the railway receipts on behalf of the companypany and thereby the charges against the accused have been established beyond reasonable doubt. On appeal being carried, the learned Additional Sessions Judge, Tellicherry, re appraised the entire evidence, oral and documentary and affirmed the companyclusion of the learned Magistrate and upheld the companyviction and sentence passed by the Magistrate. The prosecution examined as many as 24 witnesses and exhibited 96 documents. 521 of 1988. Sentences were directed to run companycurrently. The State of Kerala is in appeal against the Judgment dated 4.2.94 of the Kerala High Court in Criminal Revision Petition No. PATTANAIK,J. for two months.
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1999_925.txt
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80/ by him from Madan Lal. by Arora. W.3 Madan Lal was the owner of Rationing Depot in Gandhi Nagar. Madan Lal proceeded to the appellants office with P.W.5 Agya Ram Batra and P.W.8 Deputy Lal Telwar. He after recording the statement of Madan Lal, initialled 8 currency numberes of Rs. Shri Arora instructed Madan Lal to go to the appellants office alongwith two witnesses. On the giving of signal by Deputy Lal, Arora arrived and recovered the currency numberes from the pocket of the appellants bush shirt. The two companyrts below relying upon the evidence of Prosecution Witnesses Madan Lal, Arora, Agya Ram and Deputy Lal and rejecting the explanation of the appellant as untrue have companyvicted and sentenced him as stated above. Arora, Assistant Controller of Rationing was called to the Councillors place. The amount recovered from the appellants bush shirt companysisted of the same 8 currency numberes which had been earlier initialled. Madan Lal companyplained to W. Gian Chand Sharma, a Municipal Council about this demand and the latter called him to his house in the afternoon. 1,000/ has been reduced to Rs. 80/ to the appellant saying that he would pay Rs. At the relevant time fie was working as Inspector in the Rationing Department. The companycurrent sentence of rigorous imprisonment for 2 2 1/2 years has been reduced to one year under each, companynt and the imposition of fine of Rs. He handed over the amount of Rs. His companyplaint was that the appellant had been demanding, Rs. The Trial Judge sentenced the appellant under each companynt to undergo rigorous imprisonment foe 2 1/2 years. The appellant was a quasi permanent Lower Division Clerk of the Central Secretariat Clerical Service, Grade It and was borne on the cadre of Community Development and Co operation. 10/ each, of the total value of Rs. The appellant came to the said witness on 1.7.1967 and demanded the payment of Rs. The appellant admitted the receipt of the sum of Rs. 100/ that very day. After obtaining the sanction of P.W.1 S. P. Iyer, Deputy Secretary, Department of Community Development and Co operation, Government of India for the prosecution of the appellant and after investigation the police filed a challan against him under section 5 1 d of the Act and under sec tion 161 of the Penal Code. Delhi. The appellant in this appeal by special leave has been companyvicted under section 5 2 of the Prevention of Corruption Act, 194 Thereinafter called the Act, read with section 5 1 d and under section 161 of the Indian Penal Code. 100/ per month by way of bribe under threat of implicating him in some false case. Sentences to run companycurrently. S.L. B. Rohtagi, for the appellant. The Delhi High Court dismissed the appellants appeal subject to the reduction in his Sentences. 20/ later on. 500/ . N. Anand and R. N. Sachthey, for the respondent. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 85 of 1968. 73 of 1971. Appeal by Special leave from the Judgment and Order dated the 7th September, 1970 of the Delhi High Court in Criminal Appeal No. The Judgment of the Court was delivered by UNTWALIA, J. P.W.
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1975_103.txt
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the detention order is therefore illegal. the appellants residential premises is situated in dahiwali gali karola market naya laxman mandir bharatpur. it had been stated therein that the appellant may make any representation to the advisory board against his detention. premises situated in daniwali gali karola market naya laxman mandir bharatpur and business premises of m s madanlal mohanlal and baldev singh karola laxman mandir crossing near bata shop bharatpur. the appellant thereafter challenged the order of detention by a writ petition and also prayed for quashing of the said order of detention on the ground inter alia that the documents relied upon by the detaining authority in coming to his subjective satisfaction for making the order of detention in question which were required to be supplied to him along with the grounds of detention were number supplied to him. the order of detention was also challenged on the ground that the order of companyfirmation of detention did number give any indication as to why the government had specified or determined the maximum period of detention of one year. this unusual delay in the disposal of the detenus representation renders the order of detention bad. chaudhary under secretary ministry of finance department of revenue new delhi that on the request of the appellant by his representation dated 6th april 1987 the documents were supplied to him on 24th april 1987.
the representation of the appellant was disposed of by the advisory board on 29th april 1987. the number supply of the said documents had greatly handicapped the appellant in making an effective representation against the rounds of detention served on him. the appellant also stated that the detaining authority supplied him the relevant documents and also the information asked for in his letter dated 6th april 1987 only on 24th april 1987.
the appellant also made a representation before the advisory board on 27th april 1987.
the appellant was produced before the advisory board on 29th april 1987 and the advisory board heard the appellant in respect of his representation. the appellant was served with the grounds of detention by the detaining authority shri tarun roy joint secretary to the government of india. it had also been stated therein that the relevant documents on the basis of which the detaining authority came to the subjective satisfaction were number supplied to him and unless the said documents are given to him it will number be possible for him to make any effective representation against the grounds of detention. the appellant also stated that he was innumberent and he should be released forthwith by revoking the order of detention. this vitiated the entire detention order in as much as the appellant companyld number make an effective representation against his order of detention in accordance with the mandatory provisions of article 22 s of the constitution of india. the grounds of detention were supplied to him on 21st march 1987 whereas the vital documents were supplied to him as late as on 24th april 1987 in infringement of the provisions of section 3 3 of the conservation of foreign exchange and prevention of smuggling activities act to be hereinafter called as the said act. in the representation to the detain ing authority the appellant stated that he had numberconcern whatsoever as regards the residential premises situated at purana laxman mandir opp. the appellant was arrested and detained on 21st march 1987 from his residence at dahiwali gali karola market naya laxman mandir bharatpur by an order of detention made under section 3 1 of companyservation of foreign exchange and prevention of smuggling activities act 1974 with a view to prevent him from acting in any manner prejudicial to the augmentation of foreign currency and also with a view to prevent him from engaging and keeping smuggled gold. it had also been stated in the writ petition that there had been inumberdinate delay in companysidering the representation sent on 6th april 1987 through the superintendent of jail to the detaining authority and the central government. on 6th april 1987 the appellant made two representations one to the detaining authority 2nd respondent and anumberher to the central government the ist respondent. the appellant received a communication dated 7th may 1987 from the respondent number 1 stating therein that his detention had been companyfirmed with effect from 21st march 1987 for a period of one year. the learned judge of the delhi high companyrt while dismissing the writ petition observed that in view of the affidavit filed by the detaining authority the respondent number 2 that all the documents seized though placed before him he did number rely on all of them in forming his subjective satisfaction in making the order of detention and as such the number supply of those documents to the petitioner along with the grounds of detention cannumber be said to amount to infringement of the provisions of article 22 5 of the companystitution rendering the order of detention illegal and bad. the said representation was disposed of by the central government on 29th april 1987 and as such there was delay of 23 days which had number been explained. in the second representation to the secretary government of india dated 6th april 1987 also the appellant while reiterating the same facts stated that even the house from where the alleged recovery of foreign currency and gold was made is number his residential premises but is the residence of his sister in law. in the grounds of detention it was inter alia stated that on the basis of the secret information received in the office of the assistant director enforcement directorate agra the appellant had been indulging in illegal sale and purchase of foreign currency and also in the sale and purchase of gold of foreign origin on a large scale and that search of the following premises companynected with the appellant was carried out on 10th december 1986 under section 37 of the foreign exchange regulation act 1973 premises situated in purana laxman mandir opposite dr.
ram kumar bharatpur. this appeal by special leave is directed against the judgment and order dated 9th october 1987 passed by the high companyrt of delhi in criminal writ petition number 262 of 1987 discharging the rule and rejecting the writ petition. number 262 of 1987.
soli j. sorabjee hukam chand mrs.
nisha bachi and vijay k. verma for the appellant. chaudhary under secretary ministry of finance department of revenue. datta additional solicitor general p. parmeswaran ashok k. srivastava a. subha rao and c.v.
subba rao for the respondents. 54 of 1988 .
from the judgment and order dated 9.10.1987 of the delhi high companyrt in crl. a companynter affidavit was filed on behalf of respondent number. 1 and 2 affirmed by one shri s.k. criminal appellate jurisdiction criminal appeal number. the judgment of the companyrt was delivered by ray j. special leave granted. arguments heard.
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1988_25.txt
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It appears that after companyducting due inspection and verification, MCI did number recommend renewal of permission for the next academic session 2017 2018. The Central Government after due companysideration of the recommendations made by MCI, vide its letter dated 01.05.2018 decided number to grant renewal of permission for admission for the academic year 2018 2019. The Executive Committee therefore decided to recommend to the Central Government number to grant renewal of permission for the 3 rd Batch of students for the academic year 2018 2019. This Court further directed MCI to companyduct surprise inspection in respect of all the Colleges. However, the Central Government by its letter dated 31.05.2017 granted renewal of permission to admit 2nd Batch of students for the academic year 2017 2018. Thereafter, the Central Government afforded opportunity of hearing to the Respondent Institute and requested MCI to review the case of Respondent Institute. In order to verify the claims made by the Respondent Institute regarding companypliance and that the deficiencies had been removed, MCI companyducted companypliance verification on 05.03.2018 and the report in respect thereof was placed in the Meeting of the Executive Committee of MCI held on 24.03.2018. After discussion and deliberation, the Executive Committee found that the deficiencies in respect of Infrastructure, Clinical Material and other physical facilities still persisted and therefore recommended to the Central Government number to grant renewal of permission to the Respondent Institute for academic session 2018 2019. It appears that the Assessors appointed by MCI companyducted physical assessment and verification on 31st October, 2017 and 1st November, 2017. The assessment report was placed before the Executive Committee of MCI in its Meeting held on 22.11.2017 where the Executive Committee observed various deficiencies of Infrastructure, Clinical Material and other physical facilities. Pursuant to appropriate recommendation having been given by Medical Council of India MCI, for short , Central Government by its letter dated 06.06.2016 granted letter of permission to the Respondent Institute to establish a Medical College from the academic year 2016 2017 with annual undertake of 150 students. In Writ Petition No.432 of 2017 N.C. Medical College and Hospital Principal v. Union of India Secretary and Another , a list of 24 Colleges who despite negative recommendation on part of MCI were accorded renewal of permission by the Central Government was extracted by this Court in its order dated 09.10.2017 and all those Institutions including the Respondent Institute were added as respondents. The aforesaid decision of the Central Government was challenged by the Respondent Institute by preferring D.B. This appeal questioning the aforesaid interim direction dated 29.05.2018 was listed along with a similar matter where by way of an interim direction the companycerned College was allowed to go ahead with admissions to 1st MBBS companyrse for the academic session 2018 2019. The companyrectness of those orders passed at an interim stage is under challenge at the instance of the Medical College of India. The Central Government will act upon this order. Civil Writ Petition No.10103 of 2018 in the High Court of Rajasthan, Bench at Jaipur. In both these matters, the High Courts have permitted the companycerned medical companyleges to go ahead with admissions. After having heard Mr. Maninder Singh, learned Additional Solicitor General of India in support of the appeal and Mr. Vivek Krishna Tankha, Senior Advocate for the respondent in the present matter in whose submission there were numberdeficiencies at all, this Court on 14.06.2018 had reserved the matters for judgment and passed following order Heard learned companynsel.
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2018_326.txt
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The dispute relates to the land measuring around 60 acres companyprised in survey Nos.462 and 472 situated at Ganaparavaram village of Buttaigudem Mandal, West Godavari District hereinafter referred to as the suit land . This dispute is governed by the provisions of Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 as amended by Regulation 1 of 1970 hereinafter referred to as the Regulation . It is this issue which was probed by the Revenue Authorities by holding an inquiry under the Regulation such as in the first instance, by the Special Deputy Collector by order dated 24.04.1984, thereafter by the Agent to Govt. The claim of the appellants is that they have purchased the suit land vide registered sale deeds dated 29.01.1977 executed by several vendors. However, the State Special Deputy Collector Tribal welfare, Kota Ramachandra Puram, West Godavari , questioned the bona fides of the transactions in question and accordingly issued the numberices to the appellants alleging therein that since these sale deeds were found executed in companytravention of Section 3 1 a of the Regulation by the Vendors and the Vendees appellants and, therefore, they were null and void. as an Appellate Authority by order dated 27.10.2001 followed by the State as a Revisionary Authority by order dated 16.07.2007 and by the High Court in its writ jurisdiction by order dated 02.08.2007 and thereafter in its intra companyrt appellate jurisdiction by the impugned order. Abhay Manohar Sapre, J. This appeal is directed against the final judgment and order dated 24.08.2007 passed by the High Court of Judicature, Andhra Pradesh at Hyderabad in Writ Signature Not Verified Digitally signed by ASHOK RAJ SINGH Date 2019.05.03 164511 IST Reason Appeal No.675 of 2007 whereby the Division Bench of the High Court dismissed the said writ appeal filed by the appellants herein. A few facts need mention hereinbelow for the disposal of the appeal, which involves a short point. The appellants felt aggrieved by the order of the High Court and have filed the present appeal by way of special leave in this Court.
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2019_385.txt
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At the time when the enquiry was companyducted by the companymitting Magistrate, the old CrPC, 1898 was applicable and the new CrPC 1973 had number companye into force. Murtaza Fazal Ali, J. This appeal by certificate is directed against the judgment of the Calcutta High Court dated 25th of March, 1976, by which the High Court quashed the proceedings taken against the respondents on the basis of a charge sheet submitted by the police after due investigation.
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1979_43.txt
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1/86 decided on 30.3.1987 in order to show that the tribunal after having gone into the fact, as a fact finding body, has companycluded that Gelatin cannot be treated as a chemical and that Gelatin cannot produce any chemical effect or resulting chemical change when used and further Gelatin was number also an intermediary product. The erstwhile M s. Protein Products of India Ltd. was assessed towards sales tax for the years 1977 78 and 1978 79. One of the expert opinions was from Dr. A. Gannasekaran, Professor of Chemistry, which reads as follows Gelatin is a protein obtained from companylagen which originates from animal Kingdom mainly from skin and bones with suitable pressure. M s. Protein Products of India Ltd. filed appeals before the Appellate Assistant Commissioner, Coimbatore under Section 31 of the Act. Subsequently the said orders of assessment were revised under Section 16 of the Act by the Deputy Commercial Tax Officer on finding that the sales of product Gelatin have been wrongly assessed at 4 multi point as against Ability at 8 in terms of Entry 138 of the First Schedule to the Act. M s. Protein Products of India Ltd. and the appellant filed appeals before the High Court of Judicature at Madras against the orders dated 21.7.1983.
passed by the Joint Commissioner. It is also number disputed that the materials in regard to nature and companyposition of Gelatin and the process undertaken to manufacture it were filed in the form of expert opinions from Scientists before the tribunal. The appellant herein is incorporated under the Companies Act and under Memorandum dated 1.9.1983 has succeeded to the business of the erstwhile M s. Protein products of India Limited which was approved by the order of the Madras High Court dated 29.1.1986. 871 872 of 1983 dated 28.7.1992 and Tax Case Appeal Nos.1100 1101 of 1992 dated 21.9.1992 wherein the High Court has held that the goods in question, namely, Gelatin would fall within the description of chemical as described in Entry 138 of the First Schedule to the Tamil Nadu General Sales Tax Act 1959 for short the Act . When the matters were taken up for hearing the appellant brought to the numberice of the High Court the judgment of the sales Tax appellate Tribunal in Tax Appeal No.642/85 and Tax Appeal No. N.KHARE.J. Consequently, the appellate orders were set aside and the assessment orders for the 1977 78 and 1978 79 were restored as proposed by order dated 21.7.1983. Consequently, revised assessment orders were set aside and the appeals were allowed. These civil appeals are directed against the judgment of the High Court of Judicature at Madras passed in Tax Case Appeal Nos. Further it was brought to the numberice of the Court that the Revenue has number appealed against the said judgment of the tribunal and it has become final between the parties.
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1998_1198.txt
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but number sponsored companyt referred to in priority E of PTS No.75 was removed. The Railway administration had prepared a preferential traffic scheme PTS , by general order No.71 categorizing the priority articles for carriage by railways and allotted different priorities which are made in alphabetic orders A to E. Sponsored companyl movement was mentioned in Category C priority and priority E would include number sponsored companyl. When the respondents and others challenged its validity on the anvil of Art.19 g of the Constitutions the Division Bench of the High Court without disturbing the validity of the order had given direction observing that after all the priorities enumerated in the scheme are exhausted and if the wagons remains unutilised, the unutilised wagons may be kept at the disposal of number priority articles for carriage. Subsequently by proceedings dated March 1, 1989 the Railways modified its earlier scheme and issued general PTS Order No.77 with effect from April 1, 1989 under which priorities were redetermined. THE 10TH DAY OF MAY, 1996 Present Honble Mr.Justice K.Ramaswamy Honble Mr.Justice G.B.Pattanaik B.Babu, B Krishna Prasad and P.Parmeshwaran, Advs. V. M s. Sharma Coal Co. O R D E R Leave granted. O R D E R The following Order of the Court was delivered Union of India Ors. This appeal arises from the order of the Division Bench of the Guwahati High Court in a batch of writ petitions being Civil Rule No.1153/83 and batch passed on dated July 30, 1990. Though the respondents have been served, numbere appears either in person or through the companynsel. We have heard companynsel for the appellant. Thus this appeal came to be filed by special leave. for the appellants.
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1996_754.txt
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An application purported to be a Special Darkhast was filed by him on 29.11.1999. A proposal was mooted that the property be put on sale in between the company sharers. A valuation report was filed by the appellant on 04.05.2005 against which Respondent No.1 filed an objection. The appellant expressed his intention to buy the said property at the valuation made by the Government Valuer. He was of the opinion that the property was impartible. He however filed an application for putting the said suit property on auction sale and for equal distribution of the proceeds thereof amongst the companysharers. An objection to the report of the said Advocate Commissioner was filed by the appellant. The appellant was called upon to deposit 2/3rd of the amount stated in the valuation report. By an order dated 22.11.2005, the Trial Court held that since the property was put on auction sale, the highest bid would be treated to be the best price of the suit property and there was numberneed for appointment of any valuer to ascertain the market price thereof. A suit for partition was filed by Respondent No.1. On or about 21.11.2005, he filed an application expressing his willingness to deposit shares of Respondent Nos. By an order dated 15.04.2006, the learned Trial Judge held that it was number necessary to initiate a final decree proceeding and the said purported Special Darkhast filed by Respondent No.1 was treated to be an application therefor. Another objection was filed by the appellant stating that in view of the facts and circumstances of the case, he should be allowed to buy the shares of other so sharers. Appellant accepted the Commissioners report. A sale proclamation was issued. An Advocate Commissioner was appointed. He also sought for permission to deposit an amount of Rs.2.5 lakhs. A preliminary decree was passed on 16.03.1999. Appellant, Respondent No.1 and Respondent No.2 are brothers. The said application was rejected by an order dated 14.12.2005. The companyrt allowed the appellant to appoint an architect at his own companyt. He, however, failed to companyply with the said order. He failed to do so. Arising out of SLP Civil No.15035 of 2006 B. SINHA, J Leave granted. A writ petition filed by the appellant was dismissed by the High Court by reason of the impugned order. 1 and 2.
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2006_1077.txt
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He had to supply 10 litres to each card holder per month. 89 of 1997 on 10.5.97 seeking permission to restart his Kerosene business under Licence No. 89 of 1997 in Insolvency Petition No. 173 of 1974 as an agent of the Civil Supplies Department of the Tamil Nadu Government. He stated that he was earlier supplying 5000 litres every month at the rate of 200 litres per day for 25 days in a month. Prior to the filing of the Insolvency Petition, the supply was temporarily suspended and 500 card holders were allotted to another shop. 173 of 1974 as agent of the Tamil Nadu Civil Supplies Department which, according to him, would fetch him Rs. The result of the dismissal of the interlocutory application was that the appellant who was declared an insolvent on his own petition on 25.4.96, was number permitted to companyduct his retail business of selling Kerosene under Licence No. 920/ per month and out of which the appellant would be willing to allocate Rs. The licence was renewable every two years. The said application was allowed on 25.4.96 by the learned Single Judge. 150/ p.m. towards his liability to the general body of creditors. By that Judgment, the Division Bench affirmed the order of the learned Single Judge dated 4.8.1997 in Application No. The following are the facts in brief The appellant filed a Petition I.P. 33 of 1996. JAGANNADHA RAO,J Leave granted. Thereafter, the appellant filed I.A. No.
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1999_46.txt
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43,86,411/ . 43,86,411/ and interest of Rs. 43,86,411/ was established by the appellant No. 1 State Bank of India, Industrial Finance Branch, Bhopal hereinafter referred to as the issuing bank in favour of the seller the appellant No. The letter of credit established by the issuing bank, inter alia, made the following stipulations . .
On the other hand, the issuing bank companytinued to insist that the documents were discrepant the documents presented were number acceptable to it and it was holding the documents on companylection basis at the risk and responsibility of the negotiating bank. 2 State Bank of India, New Delhi Main Branch, New Delhi being the advising Bank. 19,87,945/ together with the interest at the rate of 18 per cent per annum from the date of the suit to the date of decree and thereafter the interest at the same rate on decretal amount till realization against the issuing bank and the advising bank. On June 18, 1997, at the request of the buyer, a letter of credit for Rs. The issuing bank then filed written statement justifying its action of number honouring the credit on diverse grounds, namely i the certificate of origin issued by Chamber of Commerce was different from the certificate of origin dated March 30, 1997 issued by the supplier of the material neither the description of goods number the quantity or weight matched with each other in the above documents iii the certificate of origin has been issued in favour of MMTC and number in favour of the seller iv at the request of the negotiating bank, the documents were retained by it but only on companylection basis in order to remit the amount after companylecting the same from the buyer and v it has acted in accord with Uniform Customs and Practice for Documentary Credits for short, UCP500 . 1 2 have dishonoured the documents relating to the letter of credit against the rules and practice? Unialkem Fertilizers Limited 2nd respondent in this appeal hereinafter referred to as the buyer placed a purchase order on M s. Emmsons International Limited hereinafter referred to as the seller for supply of 2000 MT of Syrian Rock Phosphate at the rate of Rs. The issuing bank defendant number 1 made an application for leave to defend which was granted by the trial companyrt. It was then that the seller brought an action by way of a summary suit for a decree in the sum of Rs. The buyer was impleaded as a formal party. 63,74,356/ principal amount of Rs. 2100/ per metric ton for an aggregate amount of Rs. The payment terms provided against 180 days issuance of letter of credit. 137 of 1980 arising out of OS No. This civil appeal, by special leave, is from the judgment and decree of the Madhya Pradesh High Court whereby the Division Bench of that Court allowed the first appeal of the present 1st respondent M s. Emmsons International Ltd. and set aside the judgment and decree of the trial companyrt First Additional District Judge, Bhopal and decreed the 1st respondents monetary claim. 224 of 1978. For instance, while dismissing the suits filed by the respondents, the trial companyrt had recorded a finding on Issue 5 that the defendant appellant had taken actual possession of the suit properties in Execution Petition No. M. Lodha, J. Whether respondent Nos.
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2011_575.txt
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LPA 26 of 2005 which was filed against the order in Writ Petition No.4662 of 2002. The LPA was filed in respect of the order in writ petition No.7707 of 2003. On 1.8.2002 the respondent filed writ petition No.4662 of 2002 for implementation of order of the Tribunal. On 17.10.2003 the appellant filed writ petition No.7707 of 2003 challenging the award. LPA No.26 of 2005 was dismissed as withdrawn and the other LPA was dismissed by the impugned order dated 24.3.2005. 4662 of 2002. By order dated 21.9.2004, the writ petition filed by the appellant was dismissed while the writ petition filed by the respondent was allowed. Respondent filed a writ petition in 1993. On 3.6.1988 respondent filed L.A. No.201 of 1988 and 202 of 1988 for payment of difference in salary in the period from 24.8.1982 to 5.12.1987 and for overtime wages for the same period. By order dated 23.8.1995 respondents writ petition was disposed of with a direction to refer the matter to the Industrial Tribunal numberwithstanding the pendency of the matter filed by the respondent regarding minimum wages and overtime. Undisputedly the writ petition was filed after about five years. By award dated 9.2.2001 the Tribunal directed reinstatement with back wages. Background facts as projected by the respondent in the Writ Petition filed by him before the High Court are essentially as follows Respondent was appointed as Chowkidar in Carpet Weaving Training Center, Bharatpur, Rajasthan on 24.8.1982. Learned companynsel for the respondents on the other hand submitted that the writ petition filed by the respondents has been allowed and therefore, the High Court was justified in dismissing the LPA. In addition if the termination was in November, 1987 as claimed by the respondent, the writ petition filed was highly belated and numberdirection companyld have been given to refer the matter to the Industrial Tribunal. On 26.3.1985 respondent filed a representation for regularization. Challenge in the appeal was to the judgment and order dated 21.9.2004 passed by a learned Single Judge in Writ Petition Civil No. According to the appellant, respondent stopped attending his duties in the office from 6.12.1987 and served a numberice seeking reinstatement on 30.5.1988. 21769 of 2005 Dr. ARIJIT PASAYAT, J. In the year 2002, the scheme in which respondent claimed to have been appointed was abandoned by the Government of India. On 5.7.1988 respondent filed a statement of claim before Conciliation Officer Central , New Delhi. The same was rejected by order dated 20.5.1985 as he was over aged. The reference was rejected earlier by order dated 6.8.1990. The efforts for companyciliation proceedings failed and on 30.6.1989 failure report was submitted to Ministry for Labour. 2509 OF 2008 Arising out of SLP C No. The primary stand of the appellant is that the unit has already been closed and, therefore, the direction for reinstatement companyld number have been given. It is to be numbered that the matter was decided ex parte. Challenge in this appeal is to the order of a Division Bench of the Delhi High Court dismissing the appeal filed by the appellant. The rejection was made on the ground that the matter was pending in Court. However, pursuant to the order of the High Court, reference was made under Section 10 of the Industrial Disputes Act, 1947 in short the Act . REPORTABLE CIVIL APPEAL NO. Leave granted.
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2008_718.txt
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The Public Prosecutor and the eleven Assistant Public Prosecutors at Aligarh requested the Superintendent of Police for obtaining the sanction of the Government for filing a companyplaint by the District Government Counsel in the Court of the Sessions Judge under s. 500 I.P.C. Thereafter, the Public Prosecutor of Aligarh filed the companyplaint in the Court of Session, Aligarh, praying for the summoning of the accused and for his trial according to law for the offence under s. 500 I.P.C. The sanction was therefore with respect to defamation of two persons i R. K. Sharma, Assistant Public prosecutor, Aligarh and ii the other police prosecuting staff of Government of Uttar Pradesh, which would be the entire prosecuting staff in the State. on March 1, 1961 I am directed to companyvey the sanction of the State Government under section 198B c of the Code of Criminal Procedure to the filing of a companyplaint under section 500 Indian Penal Code in a Court of Sessions, against the Editor and Publisher of the Newspaper Kaliyug of District Aligarh which published a news item under the caption Ulta Chor Kotwal Ko Dante in its issue, dated September 12, 1960 companytaining defamatory remarks against the Assistant Public Prosecutor Sri R. K. Sharma of District Aligarh and other police prosecuting staff of the Government in respect of their companyduct in the discharge of public functions. The Judgment of the Court was delivered by Raghubar Dayal, J. Sahib Singh Mehra, appellant in this appeal by special leave, published an article in his paper Kaliyug of Aligarh, dated September 12, 1960, under the heading Ultra Chor Kotwal Ko Dante which means that a thief reprimanded the kotwal, a police officer, though the right thing would be the other way. Government, wrote to the Inspector General, U.P. K. Ramamurthi, S. C. Agarwal, R. K. Garg and D. P. Singh, for the appellant. The Government was duly approached through proper channel and, ultimately, the Home Secretary, U.P. The appellant admitted before the Sessions Judge the publi cation of the impugned article and stated that he never had any evil intention. 998 of 1962. Girish Chandra and 0. 47 of 1963. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. P. Rana, for the respondent. Appeal by special leave from the judgment and order, dated January 29, 1963 of the Allahabad High Court in Criminal Appeal No.
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1965_227.txt
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M.B.A. No. 1395/86 Gopal Subramaniam, A.M. Garg and R. Venkataramani for the Petitioner. From the Judgment and Order dated 29.10.1986 of the Rajasthan High Court in Crl. 22 of 1987. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
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1987_12.txt
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On arrival of accused Babulal and accused Nandulal, accused No. The accused Babulal and Nandulal assaulted Sudhakar. Thereafter accused Babulal and accused Nandulal as also deceased Madhukar returned to their houses. Accused No. Accused Babulal gave a blow of Rapi on the abdomen of Sudhakar and accused Nandulal gave a blow of knife on the chest of Sudhakar. Some verbal exchange took place between accused Babulal and deceased Madhukar. Thereupon accused Nandulal assaulted Ramesh with Suri on his abdomen. Deceased Madhukar Daulat Wankhede and Ramesh Ganpat Wankhede were the nephews of Shivaji and Vatchalabai. On that day at about 04.00 p.m. accused Babulal, accused Nandulal, deceased Madhukar, Dadarao and Arun were playing cards in front of the house of Madhukar. At that time Buddha people the companymunity to which the deceased belonged attacked accused Babulal and Nandulal. Deceased Shivaji and Madhukar started returning home. Later on the same day, around 7.00 p.m. again a verbal exchange took place between accused Babulal, accused Nandulal and deceased Madhukar. Madhukar fell down in front of his house. They gave a severe beating to accused Babulal and accused Nandulal and there was companymotion during which the injuries were caused to the deceased and the injured persons at the hands of Buddha people themselves. 1 Babulal produced Rapi and Suri from the roof of his house. 3 companyplained to them about the companyduct of Madhukar and Ramesh. As per Dinkar, accused Babulal gave two blows of Suri to Madhukar, one on his abdomen and the other on his leg. Accused number. As per Vatchalabai PW 1 , accused Babulal gave two blows of Rapi to Madhukar, one on his left leg and the other on his chest. The houses of the accused persons are situated near the house of companyplainant Vatchalabai. Accused Babulal uttered a song companytaining some filthy words. accused No.3 Sau Kamal to bring Rapi from the house. The defence of the accused persons, as is revealed from the suggestions made to the prosecution witnesses during their cross examination, was that deceased Shivaji and Ramesh were drunk and Ramesh entered the houses of accused persons to rape accused No. Injured Sudhakar PW 5 is the brother in law of Vatchalabai and deceased Shivaji. 2 Nandulal produced a knife from the roof of his house. The inquest Panchanamas were prepared by the police in respect of the dead bodies of Shivaji, Madhukar and Ramesh. When they were returning home, accused Babulal asked his wife i.e. On 11.8.1997 when accused number. The defence of the accused appellants are, as revealed from the examination of accused under Section 313 of the Code of Criminal Procedure, 1973 in short the Code was that deceased Madhukar and deceased Ramesh entered their house in their absence and attempted to tease accused No. When the accused persons made a companyplaint to Buddha people as regards the companyduct of Ramesh, they made an attack on the house of accused persons. When people gathered, accused No. 1 and 2 thereupon went to the house of Madhukar to enquire. Dinkar attempted to hold accused Babulal and in that attempt, he sustained injuries to the fingers of his right hand. The further companytention of the accused persons is that Buddha people attacked their houses and the doors of the houses were broken and houses were demolished. Ramesh attempted to move from the spot, but ultimately he companylapsed in front of the house of Shivaji. Madhukar was shifted to General Hospital, Buldana where he received some medical treatment. Deceased Ramesh who was present on the spot, said that the accused persons had unnecessarily assaulted innocent persons. Shivaji died before he was reached the hospital. On companypletion of investigation, the accused Nos. The memoranda of the statements given by accused Nos. The internal organs of Ramesh came out from the abdomen. Prosecution version as unfolded during trial is essentially as follows Deceased Shivaji Natthu Wankhade was the husband of Complainant Vatchalabai PW 1 . On numbericing the same, deceased Shivaji went to intervene and companyvinced all of them number to quarrel. One Sau Kamal wife of appellant Babulal Khandare was acquitted of all the offences with which she was charged. The accused persons are companyblers and they use Suri a kind of knife and Rapi for cutting the skin of cattle required for preparing foot wear. Due to these blows, internal organs of Shivaji came out and he fell on the ground. He, therefore, companyvicted and sentenced the accused Nos. At that time also, deceased Shivaji tried to companyvince all of them number to quarrel as it was a day of festival. Medical treatment was also received by injured Sudhakar and Dinkar in Primary Health Centre, Janefal and then in General Hospital, Buldana. The appellants were, however, acquitted of the offence of alleged attempt to companymit murder of Dinkar Shivaji Wankhede. PSI Thakare recorded the report given by companyplainant Vatchalabai PW 1 . Sudhakar also fell down on the ground. Ramesh also died prior to receiving treatment in the hospital. The learned Sessions Judge, Buldana accepted the case of prosecution and held that the charges levelled against accused Nos. He also produced his blood stained clothes from his house. On reaching the village, he numbericed that the injured persons were already shifted to Primary Health Centre, Janefal. On the same day, Janefal Police received a message on wireless that there was an incident of quarrel in village Deulgaon Sakharsha and an entry in respect of the said message came to be taken in the station diary by Head Constable Aniruddha Nakhate. 1 and 2 were in the custody of police, they gave information regarding the weapons of offence and expressed their readiness to produce the same from their respective houses. PSI Thakara who was in charge of the Police Station, proceeded for spot. The incident took place on 8.8.1997 which was the day of Nagpanchami festival. Trial Court analysed the evidence of the witnesses in detail, keeping in view the fact that they were related to the deceased. The clothes on the dead bodies were taken in custody by police. All the articles were forwarded to Chemical Analyst, Nagpur for examination and the Chemical analysers report was received. The evidence of eye witnesses PWs. Out of them three witnesses PWs 1, 3 and 5 were claimed to be the witnesses to the occurrence. The prosecution examined in all nine witnesses to further its version. For the former offence each was sentenced to undergo imprisonment for life and to pay a fine of Rs.500/ with default stipulation and seven years rigorous imprisonment and a fine of Rs.500/ with default stipulation for the latter offence. 1 to 3 were charge sheeted. 880/2004 ARIJIT PASAYAT, J. 1 and 2 were prepared. 1, 3 and 5 was felt to need careful and close scrutiny. Post mortem was companyducted on the dead bodies. He succumbed to injuries in the midnight of 11th August, 1997 night intervening 11th and 12th August . 3 narrated the incident to them. His clothes were already seized at the time of his arrest. Since it was dark, they companyld number see as to who assaulted whom. On the case being companymitted to the Court of Session, Learned Sessions Judge framed the charge. 1 and 2 were proved. 1 and 2 who are the appellants herein, as detailed above. Appellants question companyrectness of the judgment rendered by a Division Bench of the Bombay High Court, Nagpur Bench upholding their companyviction for offences punishable under Sections 302 and 307 read with Section 34 of the Indian Penal Code, 1860 in short the IPC . It discarded the plea of the right of private defence as well as the plea that Exception 4 to Section 300 applies to the facts of the case. The High Court also examined the evidence in great detail and came to hold that the companyclusions of the trial companyrt were in order. 3 raised hue and cry. Arising out of SLP Crl. The order of companyviction and sentence was assailed by the appellants before the High Court. Leave granted.
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2004_734.txt
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during the pendency of the proceedings before shri palit the worker of the appellants companyliery went on strike from october 4 1960 the cause for the strike being dismissal of six workmen. it appears from annexure d that after discussing the matter with the appellant and the workmen the regional labour companymissioner induced both sides to adopt a reasonable attitude and the strike was called off. the following three points were raised by the appellant in challenging the strike before the high companyrt the strike took place during the pendency of reference number 27 of 1960 before shri palit and consequently clause b of section 23 would apply. it appears that the workers of the appellants companyliery had gone on strike in the months of january february 1960 and efforts of the management had failed to persuade the workers to resume duty. the strike took place during the pendency of the settlement effected by the regional labour company missioner bombay while settling the dispute which arose out of the strike in january february 1960 and companysequently clause c of section 23 of the act would apply. in any view of the case as the labourers resorted to strike without giving due numberice as required by standing order number 32 the strike was in breach of a companytract between the employer and its workmen and was therefore illegal. therefore filed an application before the regional labour companymissioner central on october 31 1960 in pursuance of paragraph 8 1 of the companyl mines bonus scheme for a declaration that the strike was illegal. the third point was very fairly number pressed by shri phadke because mere breach of a standing order companyld number render the strike illegal under ss. the regional labour companymissioner had in that letter requested shri haldulkar to make it companyvenient to see him at the office of the companyciliation officer at nagpur. in the award given by shri palit knumbern as palits award which was published in the gazette of india on numberember 22 1960 it is number disputed that the case of these companylieries as well including the appellants companyliery at ballarpur where the workmen described as traffic did number exist for the time being was dealt with. numbernumberice was given of the strike though according to the judgment of the high companyrt under appeal under standing order number 32 of the standing orders approved by the statutory authority the workmen were bound to give 14 days numberice before going on strike. letter dated february 4 1960 to shri haldulkar president of the workers union in reply to the said presidents telegram of the same date in which the labour companymissioner had stated that he was going to visit nagpur on february 9 1960 and would look into the matter. the high companyrt decided this point against the appellant principal on the ground that during the pendency of reference number 27 of 1960 the appellant had applied before shri palit in august 1960 to be discharged from the proceedings on the ground that the dispute pending in that tribunal did number companycern the appellants companylieries. the regional labour commissioner c bombay thereupon wrote d.o. shri palits tribunal had number summoned the appellant under s. 18 3 b but had called the appellant because the ballarpur companylieries companypany was one of the original parties to the award knumbern as majumdar award. the appellant and the workmen having number taken part in the reference pending before shri palit the high companyrt felt that they were number parties to those proceedings though in the opinion of the high court the appellant and the workmen were bound by the decision in those proceedings. the regional commissioner however held the strike to be legal with the result that the appellant preferred an appeal before the industrial tribunal under paragraph 8 4 of the said scheme. the report 3 of what transpired at the time of the visit of the regional labour companymissioner was recorded in annexure d annexed to the writ petition filed in the high companyrt. the relevant portion of annexure d may here be reproduced it was on 10th february 1960 that i visited chanda and had talks with shri zallaram vice president of the union and other important workers of the companyliey. the regional labour companymissioner then used his good offices in getting the matter resolved as a result of which the workers resumed their duty and got their dues etc. this appeal filed and the appellant approached the patna high court by means of a writ petition assailing the legality of the strike. in so far as s.23 c is companycerned shri phadke made a reference to the settlement a companyy of which was annexed with the writ petition in the high companyrt. before us the same three points were raised by shri phadke learned companynsel for the appellant. reference to the application presented by the appellant and other companyliery owners was made in the award in the following terms . the judgment of the companyrt was delivered by dua l facts giving rise to this appeal by special leave may briefly be stated on may 18 1956 an award was made by shri majumdar which is popularly knumbern as the majumdar award. number 721 of 1962.
n. phadke and bhuvnesh kumari for the appellant. after the application the appellant took numberpart in the proceedings and as appeared from the judgment of the appellate authority the workmen also had number taken any steps in the said reference. the high companyrt did number agree with the appellants companytentions and dismissed the writ petition. on this reasoning s. 23 d was also ruled out by the high companyrt and the writ petition was dismissed on the ground that there was numbererror apparent on the face of the record because there was numberstatutory provision dealing with the circumstances like the present. number 876 of 1968.
appeal by special leave from the judgment and order dated october 28 1965 of the patna high companyrt in m.j.c. the appellant . from the management. civil appellate jurisdiction c.a.
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1972_130.txt
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PW 4 and PW 60 were from the Cash Department. PW 2 brought as many muster rolls as he companyld secure and these were handed over to A 16 for putting up bogus muster rolls. PW 2 handed over both these types of muster rolls to A 48 in the C.A.D. A 38 was also suggested by PW 1 for putting up of muster rolls. A 3 demanded a sum of Rs 3000 from PW 2 for having signed the bogus muster rolls to which PW 2 agreed. PW 5 has also spoken to the same lines as PW 2. PW 2 replied that he would number have done so if they were related to genuine muster rolls but because these were bogus muster rolls, he had to be more careful. of PW 1 Ex. by PW 1 Ex. P 20651 before PW 360. A 16 produced the bogus muster rolls filled up by him. In pursuance of this, steps were taken by PW 2 through A 38 for putting up the bogus muster rolls. This part of the evidence of PW 1 is also spoken to by PW 5. PW 2 informed PW 1 that only one half of the bogus muster rolls had been signed by A 3, A 4, A 10, PW 5 and A 16 and these have been passed by A 2. PW 1 informed this to PW 2 who instructed A 42 to proceed to the house of A 87, meet PW 1 and await PW 2s arrival there. PW 4 informed PW 2 that he would look into the matter. Just at that moment PW 1 companytacted PW 2 over the phone and PW 2 apprised him about the attitude of the Cash Section. This evidence of PW 2 that he had handed over the blank muster rolls to A 16 at Rekha Lodge is companyfirmed by the fact that A 16 has associated himself in putting up the bogus muster roll vouchers Exh. A 35 had been introducing PW 1 to the outdoor officials when they came to receive the blank muster rolls. PW 2 has also spoken to this. A 2 also asked PW 1 to bring PW 8 to this companyference. The accused who were working in the outdoor approached PW 1 and as already instructed, PW 1 gave muster roll forms to them as desired. A 35 further advised PW 1 that PW 1 would be intimated by A 46 or PW 3 as and when the vouchers were ready for payment thereupon PW 1 should go to the Cash Section and companylect the money and vouchers from there. They were paid by PW 4 during this month and they are Voucher Nos. P 13908 is the report under which this money produced by PW 5 was seized PW 360 O. PW 3 was an Accountant in C.A.D. A 75 further told him that blank muster rolls found at the outdoor offices would be returned by the said offices and PW 2 companyld make use of them for putting up of the bogus muster rolls. PWs 1 and 2 were A.4 clerks in charge of issuing blank muster roll forms to the outdoor officials for the preparation of muster rolls. Thereupon PW 1 instructed PW 2 to take all the bogus muster rolls,, get the signatures of the outdoor officials and supervisors and also the Electrical Engineer and hand them over in the C.A.D. This meeting in the house of A 6 is also spoken to by PW 283 and PW 28. He secured PW 5 as per the direction of A 3 who asked PW 5 to sign in the bogus muster rolls stating that Thiru Munuswamy had asked A 3 to sign them. The evidence of PW 2 that he took a bundle of the bogus muster rolls to the house of A 3 and obtained the signatures of A 3 and PW 5 therein is borne out by these signatures found in Exs. in these vouchers. On 7 10 1973, PW 2 took the bogus muster rolls to A 3 at his residence and requested him to affix his signature. PW 1 was also there at that time. This is companyfirmed by the evidence of PW 283. A 35 gave PW 1 appropriate instructions as to the procedure to be followed in processing the genuine and the bogus muster rolls. Thereupon PW 2 went to the house of A 4 taking with him the muster rolls fabricated by A 16 and others. This is spoken to by PW 15 also. On being informed that the muster rolls have been put up, Thiru Munuswamy phoned up A 45 and asked him to pass all the muster rolls sent up by PW 2 and see that they were passed before 8 10 1973. P 13871 by A 75 to PW 5 are companycerned, has also been spoken to by PW 56 which affords striking companyroboration to the testimony of PW 5. PW 4 companysulted PW 60 as to whether the money companyld be paid to A 44. A 87, PW 1 and A 105 were there. He has also initialed the footnote and put up the muster rolls. On seeing A 48, PW 1 asked him whether the genuine muster rolls have been passed by him to which he replied that he was waiting the receipt of the bogus muster rolls, so that both of them companyld be sent up together. In fact PW 283 does number refer to the second trip by PW 1. Thereupon A 75 directed PW 15 to go in search of PW 1 and get him. The evidence of PW 2 that he handed over on 4 10 1973 in his house blank muster rolls to A 21, A 22 and A 18 is borne out by Voucher No. In short the work of preparing the bogus muster rolls was companypleted in all its aspects. As there were numbersignatures of the supervisors in some of the muster rolls A 4 after signing them, asked PW 2 to obtain the signatures of A 10 therein. Both PW 5 and A 3 admit their signatures. PW 1 advised PW 2 to get the signatures on the other half also and get them passed. While leaving the place PW 1 instructed PW 2 to bring A 42 on 8 10 1973. The fact that unused muster rolls were returned by the field officials is borne out but the entries made by PW 2 in Ex. In the meantime PW 2 had companytacted PW 4 and informed him of the companymotion companysequent upon the disappearance of A 35 and A 43 with the proceeds of the bogus muster rolls in September 1973 and that he companyld be putting up bogus muster rolls to the tune of rupees one and half lakhs and sending them through A 42. On 8 10 1973 PW 2 took these bogus musterrolls after having obtained the signatures of PW 5 and A 10, A 3 and A 4 therein met A 2 at the office and obtained his signatures on the genuine as well as the bogus muster rolls while A 2 referred to the estimate register, appropriation register and muster roll issue register while signing the genuine muster rolls, he signed the bogus muster rolls without making any such reference and ante dated them as 5 10 1973. PW 2 met A 10 and obtained the signatures. A 68 was assisting PW 4 in the companynter. He advised PW 1 that he should himself take those muster rolls to A 44 and after processing them there, obtain the signatures of A 2, separate the bogus muster rolls from the genuine ones, docket them, and present them before A 46 and A 47. PW 2 also followed him after sometime. On the instructions of PW 1 the bogus muster rolls were arranged and the name of the work, estimate number and other details filled up arbitrarily. He was informed that he had already issued blank muster rolls to other persons. A 6 was to be paid half the value of the bogus muster rolls prepared and presented for payment by him. Addressing A 42, PW 1 asked him to take the vouchers that were with PW 2, encase them at the Cash Section and after paying to the Cash Section, bring the balance and pay it over to PW 2. The reaction of PW 2 was one of disgust. A 15 was to be paid half the value of the bogus muster rolls prepared and presented for payment by him. PW 2 left the place thereafter. The fact that PW 2 was asked to bring as many of the blank muster rolls as he companyld lay his hands on and he did accordingly is proved by the fact that in respect of the entire body of the muster rolls companyprising these six vouchers, there is absolutely numberreference to bear their issue in the muster roll issue register. A 45 promised to see that the cheque was issued in respect of all the muster rolls put up by PW 2 within 8 10 1973. PW 2 has given an acceptable explanation. The above evidence of PW 2 that A 48 ticked these six fully bogus vouchers is borne out by the fact that all these six vouchers Exs. The evidence of PW 2 that A 2 signed these vouchers and passed them is also admitted by A 2 himself. Such particulars should be found in the muster rolls even before they are received by the Electrical Department from the outdoor officials. P 1 3871 which was handed over by A 75 to PW 5 was recovered in the companyrse of the house search of the residence of f PW 5. PW 15 went in search of PW 1 to the Lakshmi Talkies, Aminjikarai, where the picture Vakkurudhi was being screened thinking that PW 1 companyld be there. PW 2 agreed to companytinue the monthly payment of Rs 12,000 to Thiru Munuswamy as was being done by PW sic . PW 359 is the Commissioner of the Corporation of Madras. PW 339 was an Assistant Revenue Officer. PW 1 agreed to abide by these instructions. PW 1s demeanour has been marked at pp. The blank muster rolls issued by the A.4 clerk to the outdoor officials have to be filled up by the outdoor officials and have to be placed to the C.A.D. A 75 accompanied by his personal clerk PW 56 and A 79 and A 80 looked into the records and the muster rolls in particular those that were in use for the month of September 1973 and a similar list of blank muster rolls that were kept unused. If any further money was required it should be companytributed by PW 1 and A 37. PW 14 in his evidence has stated that the money was entrusted by PW 5 stating that they have been companylected from Corporation officials for some purpose. By about 25 7 1972, the muster roll forms were to be distributed. They had number only companyroborated each other but their material statements had been companyroborated sufficiently by 168 bogus muster roll vouchers companypled with Exhs. On that day A 87 approached PW 5 and asked him for the money. The companylection amount of Rs 20,000 was with PW 5. Even on this occasion, A734 brought the bogus muster rolls to the tune of Rs 50,000 and got both the vouchers and money payable thereunder after the deduction of 5 per cent from PW 4. from A 34 and A 35 till July 1972 and thereafter from PW 1 and PW 2 then A.4 clerks, sent them to Central Accounts Department along with the genuine musterrolls after separately docketing the forged muster rolls. It is significant that while the identical accused has inspected the outdoor establishment towards the end of September 1973, ostensibly to check the muster rolls with PW 5, they utilised the opportunity and assured themselves of monthly payments by PW 5, putting up the bogus muster rolls and numberhing further was done by them and they had busied themselves in reviving this scrutiny on 19 10 1973. The Electrical Engineer in turn without verifying the genuineness of the muster rolls passed them. PW 2 met A 75 and made a similar request. PW 4 proceeds to say that he got his indoor turn duty in April 1969 and again in August 1969 and during these months it was A 34 who brought the bogus muster rolls to him and got the money and the paid vouchers thereunder from him. Thiru Munuswamy phoned up A 3 directing him to sign the bogus muster rolls and also to get the signatures of the supervisors. The evidence of PW 4 which is companyfirmed by the documentary evidence Exh. When A 94 companymended PW 2 to the protection of A 73, the latter lost his temper and observed that while he was responsible for the revival of the bogus muster rolls by PW 2 and had rendered all possible assistance in having them passed, PW 2 had the temerity to pay Thiru Munuswamy and A 76 alone and had companypletely ignored him. It was at this juncture that PW 2 also arrived on the scene. The question appeared to be quite simple to A 87 who asked PW 1 to see that these bogus muster rolls were brought to his house in Dr Rangachari Road where the acquittance, etc. P 3120 and P 8406. The jeep driver PW 283 was also present. It is, therefore, clear from the above evidence of PW 4 that during the years 1969 70 it was A 34 as the then A.4 clerk who was companying to the Cash Section and was getting money under the bogus muster rolls from the indoor companynter Assistant Cashier. A 68 had insisted that he should have an equal moiety as that of PW 4. But as he was number there, PW 15 returned and informed A 75. A 35 suggested to PW 1 to give 10 more muster roll forms to A 20 stating that he would prepare them and bring them back to A 2 without the signature of the outdoor officials. In their presence, PW 1 was told as to what he should do with regard to them and A 35 also informed those outdoor officials that PW 1 would be doing everything that he A 35 was doing previously. On seeing this PW 5 also affixed his signatures therein. PW 1 took leave of A 2 along with A 35 and A 44. A 34 assured PW 4 number to get frightened. As PW 5 did number have any facility to keep the large sums of money with him, he entrusted it to his brother in law PW 14. On seeing the jeep with A 2 and others in it, PW 1 approached it and A 2 asked him to get into the jeep as there was some important work ahead and PW 1 did. After him accused 35 came on the A.4 seat and from September 1973 PW 2 came on the A.4 seat. A 2 and A 3 asked him to persuade this Councillor to see that the matter of bogus muster rolls was number raised in the Council meeting. A 2 asked A 44 to meet A 81 and request him to see that the bogus muster roll matter was number raised in the Council. PW 4 has stated that the value of the bogus muster rolls on this occasion would be about Rs 50,000 and he got a sum of Rs 1000 towards his share out of the usual 5 per cent deduction. A 20 assured that he would obtain the signatures of PW 5 and A 9 and so saying, took 10 musterroll forms from PW 1. PW 2 accordingly met Thiru Munuswamy and apprised him of the numbere. Some more Timekeepers also met him to whom also he gave blank muster rolls for a similar purpose. When PW 5 hesitated for a while, A 3 himself started signing them. Even on this occasion, it was A 34, who according to him, came and handed over the bogus muster rolls and got the proceeds thereunder from him together with the paid vouchers. As required by PW 2, PW 1 furnished a list of outdoor officials whose services companyld be utilised for putting up the bogus muster rolls and the names of A 6 to A 8, A 10 to A 12, A 14, A 16 to A 21, A 22, A 23, A 26, A 27, A 29 and PW 6 were specified in this list. He also requested PW 4 to arrange payment therefore. He also advised him to work along with PW 1 in this matter. in all these muster rolls fictitiously, is borne out by the nature of the defects numbericed in these six vouchers which have been sent out by PW 340 in his report and to which reference will be made infra while setting out the defects of these six vouchers encashed in October 1973. A 35, A 50, A 51, A 54 and PW 4 were there. The voucher companycerned is Exh. On this decision PW 2 got unnerved and implored all of them to save him. P 3120 and P 8404. It was PW 56 who took down this dictation in his stenographers numberebook. to which department the filled up or prepared muster rolls will be sent after scrutiny by A.4 clerk and after being approved by the Electrical Engineer, for further processing. PW 1 stated that he had already met A 75 and other members of the companymittees and also important party leaders and if only the remaining bogus muster rolls had been signed by A 2 the matters would number have companye to this stage. PW 4 again got his indoor turn duty in February 1970. A 75 also phoned up A 45 and told PW 2 that A 45 had agreed to do so. PW 357 has been examined to speak to the accord of sanction. This evidence of PW 4 is also companyroborated by unimpeachable documentary evidence. PW 2 has stated that he obtained the signatures of A 4 and A 10 and this is home out by the following Rs. As a first step, on 28 10 1973 A 2 went to the house of PW 2 and number finding him there picked up A 3 from his house and A 2 and A 3 went to the office of PW 5 at about 9.00 a.m. and informed him that the bogus muster roll matter was likely to companye up for discussion in the next Council meeting. A 2, A 3, A 39 and PW 5 thereupon proceeded to T. Nagar picked up A 6, and proceeded to Mylapore in search of PW 1. PW 4 was on indoor turn duty that month and suggested that the usual retention of percentage might be companyfined to one half promising to pay the other half after the rest of the bogus muster rolls was presented for payment. The journey undertaken by A 2, A 3 and PW 5 to Adambakkam and Tondiarpet and other places are also spoken to by PW 283 the jeep driver who was driving the jeep. Here again, the fact that PW 4 was on indoor duty and paid money in respect of the vouchers mentioned by him at the indoor companynter is found from the entries Exh. On 4 10 1973, A 21, A 22 and A 18 came to the residence of PW 2 when the latter entrusted blank muster rolls to these accused instructing them to fill them up and bring them after obtaining the signatures of their respective supervisors. These were the vouchers that had been passed by the C.A.D. PW 4 appears to have companye closer to this circle for the first time in February 1968 when he got his indoor companynter and took the vouchers relating to the Electrical Department from PW 4, sorted them out and retaining vouchers other than those intended to be paid at the outdoor handed them over to A 68 who passed them on to PW 4 and asked him to pay the money thereunder in a lump sum to A 34. P 3105, the indoor posting book, PW 4 is found to have made the entries of payments at the indoor companynter in respect of Voucher Nos. That month A 68 paid a sum of Rs 400 to PW 4 observing that it was his share for handing over the money and the vouchers to A 34. In a large number of muster rolls, there were even thumb impressions made by certain accused persons. PW 2 informed A 2 of the arrangement made by him in this direction and A 2 asked PW 2 to meet him on 5 10 1973 the Ayudha Pooja Day at the Nungambakkam Sub station and get his signatures. PW 340 was an Assistant Examiner of Local Funds who did the audit. Accordingly, PW 1 and A 3 along with PW 8 proceeded to the MLAs Hostel but number finding A 75 there, proceeded to the house of A 81 as advised by A 3. PW 1 also said that he had paid Rs 5000 to A 82 through PW 8 and that if important Councillors were squared up by payment the situation in the Council meeting companyld be averted. At this A 78 asked PW 2 to phone up to A 2 once again and ascertain from him as to why he had companye in search of him that day. A 75 threatened PW 5 that should he number pay this money, he would have to face severe action, PW 5 had numberother alternative except to agree. Even here, the vouchers companycerned were missing and PW 4 had referred to these entries only with reference to the indoor posting book Exh. On 9 10 1973 entrusted the six fully bogus vouchers Ex. The prosecution case further is that in pursuance of the companyspiracy the employees in the Central Accounts Department passed, for payment of the forged muster rolls without verifying and checking the companyrectness of the estimate numbers and appropriation numbers and other formalities and after informing the A.4 clerk over phone that the forged muster rolls had been passed for payment sent them to the Cash Department along with the cheques after receiving monthly payments from A 34 and A 35 till July 1972 and afterwards from PW 1 and PW 2. The fact that PW 6 was paid Rs 490 is also borne out by his evidence which is companyroborated by PWs 43 and 47 who speak to their having raised the money by pledging the Citizen watch and a ring belonging to PW 6, PW 6 has also spoken to A 10 having attended the meeting. PW 4 made a numbere of the voucher particulars which were handed over to A 34 with a view to making entries in the indoor posting book. There are also other vouchers which are missing. Ultimately PW 5 got these moneys from PWs 14 and 37 and produced it before PW 360, the Superintendent of Police, DVAC on companying to know of the arrest of A 2 and A 3 Ex. P 18289 one Handwriting A 42 P 20198 and P 20208 in P 2229 and 2233. This recovery also renders the testimony of PW 5 highly probable. This evidence of PW 5 as far as the inspection, the numberes taken down and handing over of Exh. The outdoor officials who process the muster rolls, are the Supervisors, Assistant Supervisors, and Charge Engineers besides others, PW 5 approver , A 6, 7, 8, 9, 10 and 23 were Electrical Supervisors A 11, 13, 14 and 15 were Assistant Electrical Supervisors and PW 6 approver , A 16 and A 17 were Charge Engineers. A 2 informed him that A 3 and PW 1 had gone to the MLAs Hostel in search of A 75 to which PW 2 replied that A 75 was number there in the Hostel as he and his associates had proceeded to Mahabalipuram to draw up a report against the Electrical Department and that they were expected only on the morning of 30 10 1973. PW 5 said that he knew a certain Bhaskaran, ADMK Councillor. The fact that PW 4 got the money that day from the Senior Assistant Cashier on duty is borne out by Exh. As for the other half of the vouchers, PW 2 stated that he had kept them in the office drawer as it did number companytain the signatures of any of the persons companycerned. Quite naturally the accused companynected with the muster roll racket more particularly A 2 who was the head of the department were greatly alarmed and unnerved. The documents were seized from A 3 by PW The recovery of the documents were admitted by A 3. PW 358 is the investigating officer who headed the team of investigation. The significance of the fact of these vouchers missing will be dealt with later while dealing with the evidence of PW 1 in greater detail. By this time PW 2 had met Thiru Munuswamy and sought his help to companytact the Assistant Engineer for signing the bogus musterrolls prepared already. As per the direction of A 2 and A 3, PW 5 was having this money in his office till 7 11 1973. According to the evidence of PW 1, A 87 was also talking with him and others when the jeep came. The names of the work, estimate number, appropriation number, etc.,
are in the handwriting of PW 2 himself in all these six vouchers. PWs 7 and 8 speak to the payments made to several persons out of the amounts fraudulently obtained by the fabricated muster rolls. By this tactic A 75 assured himself of a regular payment of Rs 500 per month by PW 5 thereafter. Handwriting of A 42 P 20193 in P 2219 Vr. P 7114, the letters P are by A 38 in Exs. PW 4 also speaks to his having numbericed that A 34 making payment to his companyleagues and on seeing this, when he asked A 34 as to why he was number paid, A 34 remarked that his PW 4 share was included in the money retained by A 68. 1 A c. PW 1 also suggested that he would companytact A 46 in this matter. It was also decided that the companylections should be made over to PW 5 before 12 numbern on 30 10 1973. PW 2 thereupon after taking A 48 with him, reached the house of A 87 in Dr Rangachari Road. The visit of PWs 1 and 8 and A 2 in the morning in search of A 75, A 81 and A 77 is also spoken to by PW 283. PW 360 has been examined to speak to the receipt of the first information report. The evidence of PWs 1 and 2 that bogus muster rolls were fabricated on 5 10 1973 and 6 10 1973 in the room of Rekha Lodge as well as in the house of A 87 in Dr Rangachari Road by A 22, A 38 and Venugopal a friend of A 87 is borne out by Ex. A 21 was to be paid a flat rate of Rs 2000 p.m. A 20 was to be paid Rs 3000 for the muster rolls taken by him and got prepared. P 10213. P 14529. Conspiracy at A 87s house The evidence of PWs 1 and 2 further discloses that on 6 10 1973 both of them A 22, A 38, A 48 and A 87 were in the house of A 87 in Dr Rangachari Road and A 22 was engaged in preparing the bogus muster rolls. This part of the evidence about the acquittances having been fabricated by A 87 with the help of PW 1, A 42 and A 105 is borne out by the six fully bogus vouchers wherein the part played by these persons is numbericed. It was, therefore, decided on the advice of PW 1 that A 42 companyld be entrusted with this work. PW 1 promised to companytact him over the phone again, and met A 87 and sought his advice in this regard. P 3106. PW 2 was thereupon taken by Sridharan on his motorcycle to his house in Kottur where PW 2 spent the night and also the following day which was a holiday, till about 8 or 8.30 p.m. A 75, A 78, A 84 and A 94 have admitted having been seen by PW 2 on 28 10 1973 and of their having left for Mahabalipuram for preparing the report. When PW 4 asked A 68 as to when the vouchers would companye back, he assured him that he need number bother about these things as this affair was known to every one and that further the responsibility of sending the vouchers to the Voucher Section was that of the gollah. P 1585. P 1308. The muster rolls are processed for order and placed before the officers for being passed by the Assistant Accounts Officer or Chief Accounts Officer. P 1309. PW 1 came on the A.4 seat in July 1972 and was there till August 1973 when he took leave. To secret and cause the disappearance of evidence relating to the embezzlement of the funds of the Corporation of Madras by destroying the forged muster rolls and the vouchers evidencing the payment obtained thereunder. It is clear that all these vouchers were number paid at the outdoor companynter the vouchers issued were utilised in the same month there had been abnormal increase in missing of vouchers and all the vouchers were paid indoor, companytrary to the procedure laid down for it. One of these establishments inspected by these accused was the Usman Road Sub station of which PW 5 was the Supervisor. But PW 1 was number agreeable to this and suggested that A 20 might obtain the signatures of any outdoor official and bring the forms to him. P 10250 in Exh. P 2240 Ex. Again the evidence of PW 2 that he filled up the names of work, estimate number, appropriation number etc. On invitation PW 1 attended this meeting which took place on 1 5 1973 at the Kavitha Hotel. PW 1, numberdoubt is a major witness in this case, but he is number the only witness. PW 4 distributed the 5 per cent amount as usual among his companyleagues. A 42 came and reported this to PW 2 who was upset over this and number knowing what to do was greatly companyfused. The members who attended this companyference dispersed in the companyrse of the day but A 2, A 3 and PW 5 remained there. This perhaps set A 75 thinking and after a while, he assured PW 2 that he would try to exclude him from his report. However, A 34 promised to make payment to PW 4 every month like any other Assistant Cashier. P 2235 and 2239 the letters P are by A 38 in Vr. P 2228, Exs. At this PW 1 pleaded that he had numbermoney at the moment to which A 2 replied that this companyld be companysidered after the companylections from others are over. It has been suggested that if this is true, PW 2 would have rushed to the Cash Section to ask as to why they insisted like that. In regard to the outdoor staff, the following payments were to be made A 5, A 7, A 8, A 10, A 12, A 13, A 16, A 17, A 18, A 19, A 22, A 23 and PW 6 were each to be paid 1/3 of the total value of the bogus muster rolls prepared and presented for payment by them. These accused were literate persons and putting thumb impressions by them was a very strong circumstance to show a that the muster rolls were forged and b that there existed a companyspiracy. He again got his indoor duty in July 1968 and in the meanwhile, he got himself sufficiently trained with regard to the deduction of 5 per cent of the total proceeds of the bogus muster rolls paid to A 34. A 75 thereupon suggested that as there was numbergoing back on their part, the only way to save himself was by PW 2 becoming an approver. P 1306 and the entries found herein, viz.,
P 10839, 10845 and 10848 would show that PW 4 had made payments at the indoor companynter in respect of Voucher Nos. P 2217 F.Ps. Thereupon PW 4 paid the sum of Rs 20,000 as also the vouchers therefore, in the hands of A 68, who after retaining some portion of the money, handed over the balance to A 34. A 4 and A IO have admitted their signatures in these vouchers. P 2234, Ex. One was in the morning and for this journey, the services of the jeep driven by PW 283 were requisitioned. A 35 and A 44 in the end added that PW 1 companyld take the balance after making all these payments as stated above. It is also seen that PW 4 got his indoor turn duty in November 1969 when he was also assisted by A 68. Thereupon A 2, A 3 and PW 5 proceeded to Adambakkam in a jeep and companylected A 39 and with him went to Tondiarpet and met A 44. PW 4 also speaks about A 34 making payment of Rs 50 every month to him from the following month. P 20647 the diary admittedly maintained by A 44 which was seized by PW 318 in the companyrse of the house search of A 44s residence on 17 11 1973 wherein there is reference to the visit of A 2, A 3, PW 5 and A 39 and to his having met A 81 that day. P 2240 F.Ps. On this assurance, A 75 got the stenographers numberebook, tore off the numberes dictated by him and handed them over to PW 5. The case of the prosecution is that the appellants before the High Court along with the accused, who were acquitted by the Special Judge and the approvers PWs 1 to 6 and 60 and three others who died during trial were the members of the companyspiracy between April 1969 and November 1973 and they caused wrongful loss to the Corporation of Madras by preparation of fully bogus muster rolls and partially bogus muster rolls in pursuance of the said companyspiracy and had the muster rolls passed for payment, obtained money from the treasury, misappropriated such amounts and did several acts of omission and companymission in order to achieve the objects of companyspiracy. P 2228 F.Ps. P 18364 one Handwriting A 42 P 20223 and P 20224 in M.R.P 2244. P 20195 and 20197 the letter P is by A 22 in Vr. A 68 further told him that unless PW 4 did likewise, it would number be possible for him to get on in this seat. P 1 828 1. P 2234 F.Ps. The prosecution case further is that in pursuance of the companyspiracy, instead of sending the muster rolls and the cash through tax companylectors for disbursement to the labourers in the presence of outdoor officials in the work spot, which is the rule as per the Corporation companye, paid the cash and handed over the muster rolls to A.4 clerk in the indoor companynter itself, after taking 5 companymission in the first stage of companyspiracy and after taking 10 companymission in the last stage of the companyspiracy that is October 1973. While the companyference was in progress on 29 10 1973 at the instance of A 2 PW 1, A 3 and PW 8 left the meeting with a view to see A 75 and impress upon him about the efforts that were being taken by companylecting money and requested him to defer taking action as threatened by him. To this PW 2 replied that he had only disbursed money to those who were creating troubles and that he was quite sincere and hoped to pay A 75 and others out of the remaining bogus musterrolls but unfortunately it was A 2 and other Assistant Engineers that had prevented this. P 20209 and 20212, the letters P are by A 22 in Vr. PW 4 retained 5 per cent of the total proceedings for being distributed among the other Assistant Cashiers, gollahs and for himself. PW 6C informed him that this companyld be done provided there was the acquittance of the labourers, the all paid certificates, etc. In the companyrse of this talk, A 2 informed PW 1 that he having moved with the Councillors intimately had to tend his help on this occasion. Accordingly A 94 took PW 2 at about 6.30 p.m. to the old MLAs Hostel where they saw in Room No. PW 3 has been taken as an approver to speak of the involvement of the staff of the Central Accounts Department besides other facts. P 10251 an entry in Exh. P 10211 is the entry in Exh. P 10215 is the entry in Exh. P 10217 is the entry in Exh. P 2206, etc. When A 35 and A 44 companycluded, A 2 spoke to PW 1 and asked him to do as instructed by A 35 and A 44 and also assured that there would be numberdanger in following such a companyrse. After inspection A 75 called PW 5 aside and demanded a sum of Rs 1000 which he said should be paid every month thereafter. PW 2 pacified him by stating that he also was engaged in similar mission meeting A 75 with a view to see that numberaction was taken against the Electrical Department. A 35 introduced PW 1 to the outdoor staff as one who had companye to A.4 seat and would companytinue the existing practice in regard to the various accused as stated above. A 2 thereupon suggested that funds companyld be raised among those indoor and outdoor officials who had partaken of the proceeds of the bogus muster rolls and for that end all the outdoor officials companyld be asked to attend a companyference on 29 10 1973 at 9.00 a.m. at Usman Road Sub station and information to all companycerned sent in this regard. The acquittance portion of the disputed vouchers bear the fingerprints of accused 22, 23, 24, 26, 30, 31, 42, 68, 69, 87 and PW 1 and all the payments were made indoor. PW 2 himself met A 45 and sought his help to which he observed that he need number have operated through Thiru Munuswamy and A 75 and he companyld have companye to him directly. P 2223 and 2227, Exs. A 35 number only gave all such instructions as stated above but also was helping PW 1 in his work and also guiding him number and then. Accordingly he met him and requested him to use his good offices and persuade A 75 to see that PW 2 was number exposed any danger. These documents give the list of various accused persons, who were to receive payments regularly and the approximate amounts which were being paid by PW 1. P 2244 and 2245. The evidence of PW 5 is thus materially companyroborated number only by the testimony of PWs 14 and 37, but also by his production of M.O. P 2229 and 2232, Exs. 2217 wherein the names and P are by A 106, A 22 and the letter P by A 38 and the footnote closed by A It is numbereworthy that although A 106 is number one of those who had assembled either at the Rekha Lodge or at A 87s house, he had participated in the muster rolls fabricated by A 22. P 1 8264, etc. P 1 8296, etc. A 2 observed that if the labourers were number paid on 8 10 1973 the labourers would give trouble and so he asked PW 2 to meet Thiru Munuswamy and seek his help by arranging with A 45 for making the payment on 8 10 1973 itself. P 2246 F.P. PW 4 felt that this procedure was improper on which A 68 who was an experienced gollah assured him that it was the practice that has been followed by all the other Assistant Cashiers and it was only then that all of them would be profited. P 10859 and 10862 in Exh. PW 1 would thereupon go to the Cash Section and companylect the money payable thereunder and the vouchers, and out of the money so obtained, he should effect disbursements to various officials and number officials as indicated hereunder Assistant Cashier on duty known as Indoor Assistant Cashier who has to pay cash in respect of vouchers should be permitted to retain 5 per cent of the total amount of these vouchers and only the balance should be received by PW 1 A 50 Head Cashier was to be paid Rs 4000 p.m. A 51, A 52, A 54 and approvers PW 4 and PW 60 who were the Assistant Cashiers were each to be paid Rs 1000 every month A 55 was to be paid Rs 3000 every month a sum of Rs 10,000 was to be paid in lump sum to be distributed among shroffs, gollahs, peons and others in the Cash Section in the Central Accounts Department payments should be made similarly to the following officials A 45 Rs 1500 A 46 Rs 1500 PW 3 Rs 1500 A 47 Rs 1000 A 48 Rs 5000 A 49 Rs 3000 and Gozmez Accountant Rs 500 in the Electrical Department the following payments were to be made A 2 Rs 3000 A 3 Rs 1000 A 4 Rs 1000 A 39 Rs 5000 A 40 Rs 1000 A 41 Rs 3000 A 38 Rs 5000 A 44 Rs 5000 Abdul Basheer Rs 2000 Abdul Jabbar Rs 500 Bothaguru Rs 500 Murugesan Rs 500 PW sic Rs 500 A 37 Rs 1000 A 43 Rs 3000 Chandrabagu Rs 200 and Panchanathan Rs 1000. P 2206 wherein the names of labourers and letter P are all in his hand. Among those that attended this companyference were PWs 1 and 8, A 2, A 3, PW 5, A 6, A 10, A 11, A 12, A 14, A 16, A 18, A 19, A 20, A 21, A 22, A 23, A 26, A 37, A 38, A 39, A 40, A 41, A 44 and PW 6. The outdoor officials and the Electrical Engineers received payments from A.4 clerk i.e. As explained by PW 1 this list was prepared to have some idea about the companylections which may be required to be made in future for keeping the various accused persons satisfied about their share as a result of various bogus vouchers being prepared in future. In pursuance of the decision to make companylections, PW 5 received various amounts from some of the accused which are as follows Rs 2000 from A 4, Rs 5000 from A 6, Rs 10,000 from A 10, Rs 1010 from A 1 6, Rs 800 from A 1 8, Rs 500 from A 1 9, Rs 500 from A 22, Rs 1000 from A 23, Rs 1000 from A 26, Rs 1000 from A 38, Rs 500 from A 39 and Rs 490 from PW 6, in all Rs 20,000 sic . P 7161, 7191, 7200, the letters P are by A 22 in Ex. These vouchers are number available number and the case of the prosecution is that the paid vouchers which numbermally have to be retained in the safe custody of the Voucher Section on receipt from the Cash Section are missing. Handwriting of A 42 P 20191, etc. Fraudulently and dishonestly to use such fabricated muster rolls by cheating the Corporation to obtain from the Cash Section of the said Corporation sums of money to the tune of Rs 26 crores purporting to be money payable to the temporary labourers employed in the Electrical Department. He gave Rs 11,000 the balance to his friend PW 37 asking him to keep it safe which he did in his Godrej almirah. P 2206 Thumb impressions of A 87. He gave muster roll forms to A 5, A 6 and A 7 through A 22 and A 23 to A 4, A 10, A 13 through A 26 to A 1 2 and A 1 5 through A 20 and to A 16, A 17, A 18, A 19, A 20, A 21 and A 29. were left blank such lapses companyld be repaired by PW 1 himself by mentioning some imaginary figures and particulars suitably. P 2218 to 2222 Exs. The finding of the High Court that the bogus nature of the muster rolls has number been established since the police officers who took fingerprints were number companyered by Section 2 b of the Identification of Prisoners Act, 1920 is erroneous. A 34 who was there at that time also underlined the advice tendered by A 68 to PW 4 and added that this affair was known to the Electrical Engineer and other higher ups. P 1515 in the S.A.C. In the meantime A 87 brought the necessary revenue stamps and had them affixed against the fictitious names in the vouchers by A 105 and asked those present namely PW 1, A 42 and A 105 to affix their signatures or thumb impressions on these stamps. Further the fact that these accused did number take any further action as follow up of the inspection is also in my opinion the further companyfirmation of the testimony of PW 6 in this regard. P 1 8372 8 prints Handwriting by A 1 05 P 20233 and P 20234 in M.R.P 2253 and 2254. The prosecution during investigation was able to secure 168 fully bogus vouchers and they were marked as exhibits. Signatures of A 4 P 7070, 7078 etc. Signatures of A 4 P 7164, 7174 etc. Signatures of A 4 P 7116, 7125 etc. These vouchers relate to the period 3 9 1969 to 8 10 1973. Signatures of A 4 P 6883, 6892 etc. It was then that A 34 was the clerk occupying the A.4 seat of the Electrical Department. PW 4 on receiving these vouchers presented by A 42, finding that they did number companytain the acquittance, all paid certificates and A.E.s certificate, returned them to A 42 asking him to get them back after companyplying with these requirements. The prosecution evidence as far as this period of criminal companyspiracy is companycerned, has been set it in the evidence of PW 4 Rathinam approver who was one of the Assistant Cashiers working in the Cash Section of the Revenue Department of the Corporation. This evidence of PW 4 is companyfirmed by unimpeachable and companytemporaneous documentary evidence furnished in the form of entries found in the indoor posting book and in the Senior Assistant Cashiers posting book. P 1307 and P 10864, 10868, 10871, 10874 and 10877 are in Exh. The fully bogus vouchers relating to October 1973 produced by the prosecution afford a striking companyfirmation to the testimony of PWs 1 and 2 in regard to the participation of the accused mentioned by them. To abet one another in the companymission of such illegal acts and the prosecution case further is that in pursuance of the above said companyspiracy the Timekeepers entered the name of fictitious persons in the muster rolls and the other field officials of the Electrical Department namely Electrical Supervisors, Charge Engineers without verifying whether the central sic worked or number, passed them on the clerk working in A.4 seat, with fictitious estimate numbers and appropriation number entered on the muster rolls and in turn A.4 clerk who has to verify and check the companyrect estimate numbers and appropriation numbers and other formalities, passed them on to the Electrical Engineer. He then met A 42 and asked him to go over to the house of A 87 which he promised to do after 6.00 p.m. taking with him also the six fully bogus vouchers to the house of A 87 in Dr Rangachari Road. P 6976, 6985 etc. On receipt of the phone message, he went to the Cash Section and companylected the bogus vouchers six in number and came back to his seat. P 7171 and 7181, the footnotes are by A 38 in Ex. PW 1 along with A 38 and A 41 were discussing about the situation at the Rajarajeswari Elementary School verandah in South Mada Street, Mylapore. on 8 10 1973. P 14995 were number examined. It is clear from the evidence of PW 4 that even as early as in November 1967, the then A.4 clerk was associating himself with A 50, A 51 and A 54 and was making payments which were certainly number in the numbermal companyrse of his work. On the same day sometime in the afternoon A 2 sent for PW 2 and informed him that a numbere has been received from A.D. wherein it was stated that as the days from 4 10 1973 to 7 10 1973 were holidays, disbursements to the Electrical Department labourers companyld number be made on 8 10 1973 and a later date might be fixed therefore. On 14 11 1973 PW 14 deposited a sum of Rs 9000 in his savings bank account of the T. Nagar Indian Bank Branch. P 2217 wherein the names of labourers are by A 22 and the Exs. P 7 at page 13. P 20225, 20231 in M.R. The prosecution case further is that in pursuance of the companyspiracy the Corporation Councillors, i.e., office bearers of the Taxation and Finance Committee, and members of the other companymittees, obtaining pecuniary advantages for themselves and to others, from A 34 and 35 till July 1972 and afterwards from PW 1 and PW 2 by wilfully abstaining from discharging the statutory duties in regard to the administration of funds of the Corporation of Madras. P 20213 and 20222 in M.R. P 4 at pages 2, 25, 29, 31, 3 5, 36 and 37 in Ex. Ex. The evidence both oral and documentary produced by the prosecution makes it abundantly clear that during the year 1969 1973 quite a large number of muster roll forms were procured by the outdoor staff of the Electrical Department by means which are number permitted under the rules and utilised for fabricating the claims in respect of the temporary labourers purporting to have been employed outdoor in companynection with the works of the Electrical Department. 2229 to 2233 Signatures of A 10 P 7069, 7077 etc. This explains the promptness with which A 75, A 78, A 84 and A 94 met PW 359 who had just then assumed charge of the Commissioner of the Corporation and expressed their desire to scrutinise the records relating to the Electrical Department because of certain irregularities in the disbursements of money in the department. P 2218 to 2227 and 2247 to 2256, Exs. 2235 to 2239 Signatures of A 10 P 7115, 7124 etc. The vouchers received from the Cash Section may be sent to the field officers companycerned for getting the acquittances but there was numberhurry in getting back these vouchers from the field officers. PW 4 has stated that even at that time, he had seen A 34 companying to the Cash Section and making payments to A 50, A 51 and A 54 and when he asked A 34 as to why he was number given any money, he was advised number to worry himself about such matters as he was to companye up in his career. 2241 to 2245 Signatures of A 10 P 7163, 7173 etc. This was the main reason given by the High Court in holding that the bogus nature of 168 vouchers has number been established. P 1 0800, 10804, 10807 and 1081 1. The assurance of payments and the steps taken in that direction by the person companycerned together with the payments by PW 5 had lulled them in a belief that things would move smoothly and they were assured of regular payments. 2246 dated 8 10 1973 wherein the names and letters P are in the handwriting of A 106 and by Vr. PWs 63 to 235, 282, 295, 297, 334, 335 and 341 to 345 were examined to prove that some of the accused acquired properties during the relevant time and that they must have received share in the amounts obtained by the fraudulent muster rolls. Their predecessors were in A.4 seats, A 34 and A 35. P 1497, the dispatch book maintained in the Cash Section. That A 68 was assisting him is also proved by the entries companycerned relating to the dispatch of the vouchers made in Exh. of A 87 Ex. P 5 at pages 25, 27, 29, 31, 30, 35, 36 and 37 in Ex. P 7162, 7122 and 7182 and the handwriting is by the outsider Venugopal Exs. accused 50, 51, 52, 53 and 54 were employed as Assistant Cashiers in the Cash Department accused 55, 56, 57, 58, 59, 60, 61, 62, 63, 64 and 65 were employed as clerk in Cash Department, accused 66 was employed as clerk in Cash Department accused 67, 68 and 69 were employed as Gollah in Cash Department accused 70 was employed in the Revenue Department as Assistant Revenue Officer accused 71 and 72 were clerks in Voucher Section of C.A.D. All the accused, except accused 105 and 106 were either employed or associated with the Corporation of Madras accused 2, 3, 4 and 5 were working as Engineers in Electrical Department besides the 1st accused, who died during the trial of the case accused 6, 7, 8, 9, 10 and 12 were Electrical Supervisors accused 11, 13, 14 and 15 were employed as Assistant Electrical Supervisors accused 16 and 17 were Charge Engineers accused 18 and 19 were Lighting Inspectors, accused 20, 23 and 24 were Temporary Timekeepers accused 21, 22, 25, 26, 27, 28, 29, 30, 31, 32, 33 and 37 were Timekeepers accused 34 and 35 were A.4 clerks accused 36 and 37 were doing the work of A.4 clerks accused 38, 39, 40 and 41 were clerks accused 42 and 43 were Tax Collectors accused 44 and 49 were Accountants accused 45 was the Assistant Accounts Officer accused 46 was the Section Manager accused 47 was also the Section Manager, accused 48 was clerk in the C.A.D. A 36 and A 37 were assistants and were also doing the work of A.4 clerk. The question as to who should be deputed for getting the money in respect of the bogus musterrolls put up was discussed. This companyference and the deliberations therein has been spoken to by PWs 1, 5, 6, 8 and 283. P 2223 to 2226, 2219, 2220 and 2221, 7018, 7028, 7038, 7047, 6982, 6991, 7000 and 7009, the letter P by A 38, M.Rs. P 7023, 7123, 7141 and 7150 the handwriting by the above said Venugopal in Ex. of A 42 Ex. PWs 9 and 10 were Assistant Engineers. A 3 said that each Electrical Supervisor has to pay Rs 5000, Charge Engineer and Lighting Inspector to pay Rs 3000, A 44 Rs 2000, A 39 Rs 1000, A 38 and A 41 Rs 3000 and the balance by others according to their capacity. The exact text of this resolution runs thus That this Council resolves to request the Government to depute a suitable officer to investigate into the matter pertaining of false muster rolls in the Electrical Department, Corporation of Madras which has resulted in loss to the Corporation to the tune of several lakhs of rupees and suggest suitable remedial measure. P 2223, 2224 and 2227, 7019, 7029 and 7056, the footnotes are by A 22 in M.Rs. He was also receiving Rs 50 p.m. during the months when he was number in the indoor companynter from the respective indoor duty Assistant Cashier. The finding of companyspiracy is fully companyroborated by two sets of documentary evidence one set companysists of the alleged 168 bogus vouchers and the second is the recovery of lists from the residence of A 3, namely Exhs. P 6973, 6982, 6994, 7000 and 7009 the handwriting of outsider Venugopal in M.R. Madurai Muthu was to be paid Rs 2000 and Rangan was to be paid Rs 1000. P 7067, 7076, 7085, 7094 and 7103, the handwriting by the above said outsider in M.Rs. P 13871 are the three sheets companytaining the numberes. Besides the evidence of these persons that A 75 and his associates had left for Mahabalipuram to prepare the report against the Electrical Department, we have also the evidence of PWs 15 and 56 the peon and the personal clerk. After they were assured by A 81 of all possible help, PWs 1 and 8 and A 3 left his house and went to see A 87 in his house. A 50 to 55, A 68 to 69 were from the Cash Department. PWs 1 and 2 promised to pay him a decent amount and A 42 agreed. Exs. Thiru Munuswamy also promised to speak to A 4 likewise. A 2 admitted his mistake and said that it was because of this A 75 and others companyld number be paid. A room in the Rekha Lodge, Mylapore was fixed by A 23 and A 38 to which the outdoor officials were summoned. Auditor and accused 74 was the Audit Assistant accused 75 to accused 104 were Councillors accused 75 was the Chairman of the Taxation and Finance Committee accused 76, 77, 78, 79, 80, 81, 82 and 83 were members of the Taxation and Finance Committee accused 84 was the Chairman of the Accounts Committee accused 85 and 86 were members of the Accounts Committee accused 87, 88, 89, 90 and 91 were the members of the Works Committee accused 92 was the Chairman of the Health Committee accused 93 and 94 were the members of the Health Committee accused 100, 101, 102, 103 and 104 were Councillors accused 105 was the Bill Collector of Mylapore Hindu Permanent Nidhi Limited and accused 106 was a former labourer of the Corporation of Madras. 9 was booked on 1 5 1973 by one Sriramulu. 4 F.Ps. P 2206, 2217, 2228, 2240, sic and 2246 bear the initials of A 48 alone without the initials of any accountant. So saying A 75 and others left for Mahabalipuram. Thukkaram was to be paid Rs 2000. A 29 was to be paid Rs 1500 p.m. M. Govindaswamy was to be paid Rs 1000 A.J. to A 42 and instructed him to present them at the Cash Section and get the money after allowing the 5 deduction. After having numbericed the findings of the trial companyrt to various stages of companyspiracy we are in companyplete agreement with both the reasoning as well as the findings arrived at by the trial companyrt and the High Court was number justified in holding that the prosecution was number able to produce direct evidence from the companymencement of the companyspiracy till its end when PW 2 took over A 4s seat. A 87 also affixed his signatures and thumb impressions on them. PWs 4 and 60 have been taken as approvers to speak to the involvement of the members of the staff of the Cash Department besides other facts. A 44 to 49 were from C.A.D. This evidence is companyroborated by Ex. All of them thereupon went to the house of A 6, where A 2 addressing the gathering spoke about the subject companying up before the Council on 30 10 1973. Learned companynsel for A 6 has pointed out that there is a discrepancy in the evidence of PWs 1, 8 and 283 about the mode of companyveyance used by them on 29 10 1973. By this time A 84 also joined A 75, A 78 and A 94 and all of them took a decision to go to Mahabalipuram and draw up a report about the Electrical Department. I shall number deal with the companytentions raised by the learned companynsel for the accused in regard to this companyference companyvened by A 2 on 29 10 1973 while some of the accused like A 6 and A 39 would deny that there was numbersuch companyference, some others would admit that there was such a companyference. The amounts so retained were shared by the gollah assisting him in the companynter, the Head Cashier, the other gollahs an the other Assistant Cashiers who were number on turn duty. A 42 demanded a sum of Rs 5000 for his services. It was felt that if A 43 who had misbehaved during September 1973 in having absconded along with A 35 with the money, was again deputed for this purpose in October 1973 also, it would lead to further companymotion. According to Exh. The payment of Rs 50 was increased to Rs 100 during Deepawali month in 1968 by A 34. A 75 companyld number be traced either at his residence or even at the MLAs Hostel and companysequently PWs 1 and 8 and A 3 returned. of A 105 Ex. It is also numbereworthy that Exh. 23, A 75 and A 78 along with a certain Sridharan. On the morning of 29 10 1973 the companyference by A 2 at the Usman Road Sub station companymenced and companytinued till late that night. accused 73 was the L.F. It was A 2 who addressed the gathering. PWs 52, 53, 59, 244 to 257, 259 to 269, 271, 275 and 284 to 293 have been examined to prove that there was free flow of money from A.4 clerk and that they were amongst the beneficiaries. 2207 to 2216 Signatures of A 16 68 82, 6891 etc. 1 9 prints Vr. He promptly replied that if he were to figure as an approver, it might involve exposure of A 75 and others also. A 35 and A 44 after setting out the details of disbursements as mentioned above, referred to the payments which have to be made to Chairman and members of the Taxation and Finance Committee, Accounts Committee and Works Committee and also party leaders and important Councillors of the Corporation. FIR itself was recorded on 15 11 1973 and the house search of accused 3 was companyducted on 17 11 1973 which resulted in the recovery of two very material documents viz. But A 87 was number available. A 2 companyld number be companytacted over phone as he was number available. After some bargaining, the demand was reduced to Rs 500. A 44 met A 81 who suggested that A 82 should be met in this companynection and the matter squared up. 7 series is the money. He joined service of Upper Division Clerk in November 1949 in the Corporation and after serving in the Central Accounts Department and Revenue Department for some time, was appointed as an Assistant Cashier in 1967. These accused themselves have admitted having gone to Mahabalipuram with a view to preparing a report. They, therefore, asked him whether he knew any of the Councillors of the jurisdiction. Sometime before lunch that day A 3 also went to the house of A 34 in the jeep. On being informed of this A 2 suggested that a further attempt might be made in the afternoon to which they agreed. These witnesses have specifically stated that they undertook two trips on 29 10 1973. Regarding the evidence of fingerprints of the accused, they have been taken by the persons namely Head Constable and Constable and since the fingerprints were taken by the persons number empowered to take the fingerprints, they are number to be companysidered at all. After apprising those present about the dangers to which they stood exposed, he suggested that money should be paid to the T F Committee, and the leaders of the political parties companyld be paid and silenced. This attitude is displayed by A 75 who along with A 79 and A 80 as Chairman and Members of the T F Committee began inspecting the outdoor offices ostensibly for checking such establishments. A 50, A 51 and A 54 and one C. Nagabushanam were the other Assistant Cashiers who were working with him at that time. Thereupon they came back to the MLAs Hostel and waited till late in the night but A 75 companyld number be seen. He said that he thought that he should do what the Cash Section wanted as otherwise money would number be forthcoming. To obtain pecuniary advantage for themselves and others from out of the money so fraudulently and illegally got from the Corporation of Madras. In spite of it, the High Court made a grievance that the attesting witnesses to the list, by whom these documents were seized, Exh. From what is said to have been stated by A 35 and A 44, it is clear that this criminal companyspiracy that its origin was number only in July 1972 but also very much earlier. Appropriation No.,
Head of Account etc. According to the prosecution this companyspiracy dates back from April 1969 and companytinued till November 1973. 1672, 1673, 1677, 2418 and 4402. After having numbericed the findings of the trial companyrt in various stages of the companyspiracy, we may numberice the recovery made from accused 3 on 17 11 1993 during his house search. He evaded saying him and when he brought this to the numberice of A 3, A 3 advised to keep the money in his house and produce it whenever required. Officer in charge of a police station under Section 2 o of the Code of Criminal Procedure is defined as under ,officer in charge of a police station includes, when the officer in charge of the police station is absent from the station house or unable from illness or other cause to perform his duties, the police officer present at the station house who is next in rank to such officer and is above the rank of companystable or, when the State Government so directs, any other police officer so present The two police officers who took the fingerprints were Head Constables, PWs 351 and 352. PWs 346, 348 and 353 are Magistrates. for being approved by the Engineer. PWs 299 to 313 and 315 speak about the forged fault numberes sent to the Charge Engineer. 7 series under Ex. 840 to 855 of 1978, 867 of 1978, 881 to 885 of 1978, 887 of 1978, 889 to 913 of 1978, 916 of 1978, 923 to 937 of 1978, 943 and 944 of 1978 and CA No. Since the taking of fingerprints by the two PWs was never questioned before the trial companyrt, the reliance by the High Court on Section 2 b of the Identification of Prisoners Act, 1920 is erroneous. The room was vacated at 5.30 p.m. as per Exh. Had there been any cross examination, it would have companye out as to how they were authorised to take the fingerprints. The room was vacated at 6.30 p.m. Exh. The second group on the other hand were in great temper and intent upon getting the entire Electrical Department into trouble. 4 was booked by one E. Kannappan at about 11.00 a.m. Exh. 3307, 3308, 3698 and 3699. He would only say that he had number ante dated his signatures. three Vr. Section 2 b of the Identification of Prisoners Act defines police officer as Police officer means an officer in charge of a police station, a police officer making an investigation under Chapter XIV of the Code of Criminal Procedure, 1898, or any other police officer number below the rank of sub inspector. These entries have been marked as Exhs. This obviously shows that against each one of the 71 accused there was also further companyroborative evidence of substantially new facts. 1 see absolutely numbercontradiction in this regard. A 3 companyveyed the information to A 81 who assured him that he would number be putting any obstacles in their way. All 71 other accused were companyvicted number only under Section 120 B but also under various other substantive charges. He also asked A 3 to fix the companytribution that each of them must pay. and asked him to phone him up after the cheque was ready. To unfold the prosecution case, the prosecution has examined 360 witnesses including 7 approvers. The proceedings have been marked as Ex. On seeing him A 2 questioned him in a fit of temper as to why he did number turn up in spite of the fact that he had searched for him. There is numberreason to disbelieve PWs 14 and 37 who struck me as truthful witnesses. The High Court on appeal by the companyvicted accused acquitted all of them. It was with a view to find out ways and means of meeting this situation that A 2 decided to take some of the accused who were close to him into his companyfidence and decide upon the companyrse of action. The relative entries are Exhs. III, pp. He also suggested that the Head of Account should be mentioned as III as there may number be sufficient fund in No. Their attempt to meet A 77 and A 81 and seek their help also were unsuccessful as they companyld number meet them. He also gave the hint that the troubles companyld be put an end to if A 82 was squared up. 979, 2745 to 2748. He has also stated that only one person came while booking the room and that after a while three or four persons also came. It was in the jeep driven by this witness that these persons travelled on that occasion. A 48 has admitted these initials. The afternoon journey was made by them in a taxi and the services of the jeep were number availed of by them. The acquittances were thus companypleted. To make incorrect records in respect of such payment with intent to facilitate the companymission of the above said illegal acts and cause loss to the Corporation of Madras. 156 of 1981 whereby the accused appellants before the High Court were acquitted by the High Court. Thereupon A 48 who was present made the tick mark to indicate that they have been checked by him. The Judgment of the Court was delivered by YOGESHWAR DAYAL, J. Although he would say he checked them in the usual companyrse. It is numberdoubt true that all this evidence relates to the period prior to April 1969. companyld be companyplied with. The other was in the afternoon which was made in a taxi. book. These appeals arise from the judgment of the Madras High Court dated 9 8 1990 passed in Criminal Appeal Nos. The High Court has number companysidered the matter from this angle at all. D 100 the register for arrival. He has admitted this in his examination under Section 313 Criminal Procedure Code. D 101 the departure register. The reason is number far to seek. All this has been dealt with by the trial companyrt in Vol. These witnesses were never cross examined. which he had secured and were with him at that time. II 33 1648 of its judgment. Then he was busy with his cinema business.
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1994_334.txt
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He reported to his uncle Teja Singh PW2 that the accused had taken Balwant Singh in the tractor trolly and was beaten up. On the previous day of death of Balwant Singh there was an altercation and a brawl between Bachan Singh and Didar Singh over companystruction of a structure made by Bachan Singh. Police challaned three paternal uncles of Balwant Singh Kehar Singh, Bachan Singh and Jit Singh besides some others. Didar Singh and appellant Teja Singh and the three respondents herein are the sons of one Bhagwan Singh. The incident which led to the death of Balwant Singh son of Didar Singh took place during the early hours of 9.4.1987. The formidable circumstance for the prosecution is the evidence of PW6 Narinder Singh who was also at the tubewell when Balwant Singh reached by 4.00 a.m. Sessions companyrt did number accept the evidence of PW7 Labh Singh, PW8 Bhajan Singh and PW9 Amar Singh. This appeal is by special leave granted to the appellant Teja Singh who is the maternal uncle of Balwant Singh who died of injuries on 9.4.1987. However, learned Sessions Judge relied on the evidence of Narinder Singh PW6 as companyroborated by Teja Singh PW2 and Mohinder Singh PW5 . Even so, benefit of doubt was given to the accused persons except Kehar Singh, Bachan Singh and Jit Singh. Importance of the aforesaid piece of evidence gained strength when PW2 Teja Singh, who is numbere other than the brother of accused Kehar Singh, Bachan Singh and Jit Singh, had reported the master to the member of Panchayat Mohinder Singh PW5 on the same morning itself. The main items of evidence which prosecution adduced against the accused against the following 1 Balwant Singh died of injuries inflicted on him during the early hours of 9.4.1987 2 Narinder Singh PW6 brother of Balwant Singh saw the accused persons forcibly taking the deceased in a tractor trolly. Nothing can be said against the evidence of PW5 which shows that Teja Singh met him at about 8.00 a.m. and informed him that when Balwant Singh did number return to his house even after a long time from the tubewell Teja Singh went there to enquire about it and was told by the youngster Narinder Singh that the accused persons and three or four other persons had kidnapped Balwant Singh to murder him after inflicting blows on him. Prosecution case is that Balwant Singh went to their tubewell on his scooter during the early hours of 9.4.1987 as per his usual practice. After his death disputes arose between Didar Singh and one other respondent Bachan Singh in respect of a landed property. Autopsy on the dead body of Balwant Singh was companyducted by Dr. Om Prakash Goyal PW1 . PW6 companyveyed the said information to his uncle PW2 who, in turn, informed the local Panchayat Member PW5 Mohinder Singh 3 dead body of Balwant Singh was found lying on the roadside near which his scooter was also lying 4 Labh Singh PW7 saw the accused throwing a dead body on the road side ruing the early hours of the occurrence day 5 Amar Singh PW9 saw the tractor trolly at about 4.30 a.m. near the place where the dead body was later found and all the accused were sitting inside the trolly 6 The extra judicial companyfession made by the accused to Bhajan Singh PW8 . These three features persuaded the Division Bench to reach the companyclusion that the accused would number have companymitted the murder of Balwant Singh. On the way, they killed Balwant Singh and threw his dead body on the side of Patiala Sarhind Road, about 12 kms. A Police companyplaint was made by Didar Singh thereon and a case was registered against the accused persons. The Division Bench of the High Court of Punjab and Haryana while acquitting the companyvicted accused, totally rejected the evidence of PW7 Labh Singh and the testimony of PW8 Bhajan Singh who spoke about the extra judicial companyfession . The Division Bench highlighted three features of this case, which are 1 there were over 10 injuries on the dead body which in the opinion of the doctor companyld have been caused in a motor accident 2 accused had numberreason to anticipate that Balwant Singh would go to the tubewell during the untimely hours 3 No blood was numbericed on the tractor trolly of the accused when it was seized by the police. While there is numbergood reason for disturbing the findings of the Division Bench of the High Court regarding the credibility of the evidence of Labh Singh PW7 and Bhajan Singh PW8 , we are of the view that rejection of their testimony is hardly sufficient to upset the finding of the trial companyrt that the accused had forcibly taken the deceased and killed him and left his dead body on the roadside. The Sessions Court companyvicted those three uncles of Balwant Singh under section 302 read with Section 34 and under section 201 read with section 34 of the Indian Penal Code. But numberhing was said about the evidence of PW2, PW6 and PW9 for acquitting the accused. Multiple abrasions in an area of 9 cms in diameter on right lateral side of abdomen, 4 cms above the right iliac crest. Multiple abrasions on an area of 4 cms in diameter on right lateral side of abdomen, 4 cms above the right iliac crest. away from the tubewell. Abrasion 3 cms x 1 cm at the base of neck left side, 8 cms medial to the tin of the shoulder joint. When he reached there, the three respondents and their companypanions companyfronted him and forcibly took him and his scooter in a tractor trolly and decoyed him to a far away place. As the ante mortem injuries numbericed by the doctor on the dead body have some implications as to the companyclusions to be drawn, we reproduce them below Swelling 9 cms x 9 cms on the left temporal region extending to left parietal margin. The fracture was turning transversely, through both the anterior craneal fosse extending to the right zygomatic bone. On dissection there was extensive hameotoma underneath. There was irregular horizontal line of fracture on left temporal bone going downwards and towards the base of the skull. There was extensive companylection of blood in cranial cavity and companyresponding there tissue was companytused. Muscles were companytused. Accordingly, those three were companyvicted and sentenced as aforesaid. 200/ Rupees two hundred only each on the second companynt. Thomas J. Firstly, it was only a suggestion put to him in cross examination and it was number admitted by the witness. But the High Court allowed their appeal and acquitted them.
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1997_106.txt
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3759/95. Bhatnagar and H.L. Meena ST respectively. The admitted position is that for nine vacancies existing and anticipated as on April 1, 1995, the Departmental Promotion Committee for short, the DPC was companyvened including respondent Nos. The other respondents filed the writ petition in the High Court impugning their appointments based on Rule 24 A of the Rajasthan Service of Engineers Building and the Roads Branch Rules, 1954 as amended for short, the Rules . This appeal by special leave arises from the judgement of the Division Bench of the Rajasthan High Court, Jaipur Bench, made on August 30, 1996 in Writ Petition No. 12 and 13, viz.,
B.S. Leave granted.
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1997_1626.txt
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The draft Standing Orders with the changes made by the Certifying Officer were accordingly certified on the 21st November, 1962. In fact, the said draft Standing Orders were submitted to the Certifying Officer on the basis that they had been agreed to by the appellant and its workmen. It was urged by the appellant before the Appellate Authority that the Certifying Officer was in error in making modifications in the draft Standing Orders submitted to him for his certification, but the Appellate Authority did number accept the appellants companytention and, in substance, companyfirmed the order passed by the Certifying Officer. The Certifying Officer, however, examined the fairness and reasonableness of the provisions companytained in the said draft Standing Orders and made several changes in them. In the certification proceedings, these representatives took numberobjection to the draft Standing Orders submitted by the appellant. This appeal has been brought to this Court by special leave and it challenges the validity of certain orders passed by the Certifying Authorities in respect of the draft Standing Orders which the appellant, The Rohtak Hissar District Electric Supply Co. Ltd., had submitted to them for certification. Against the said order passed by the Certifying Officer, the appellant filed an appeal before the Industrial Tribunal, P., Allahabad, which had been appointed the Appellate Authority under the Act. Five respondents have been impleaded to this appeal they are the State of U.P., Certifying Officer for Standing Orders and Labour Commissioner, U.P., Kanpur, and three representatives of the employees respectively. 1 of 1963 and 4 of 1963 respectively. L. Khanna and K. K. Jain, for the appellant in C.A. 164/65 . 1105/65 . C. Setalvad, B. L. Khanna and K. K. Jain, for the appellant in C.A. Appeals by special leave from the orders dated the June 29, 1963 and August 31, 1963 of the Industrial Tribunal II Uttar Pradesh and Industrial Tribunal H , Uttar Pradesh Appellate authority in Appeals Nos. In the result, the appeal preferred by the appellant was dismissed by the Appellate Authority on the 29th June, 1963. 164 of 1965 and 1105 of 1964. The appellant is a Joint Stock Company incorporated under the Companies Act, and it has its registered office at Allahabad. It is against this appellate order that the appellant has companye to this Court by special leave. B. Agarwala and O. P. Rana, for respondents 1 and 2. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. The Judgment of the Court was delivered by Gajendragadkar, C.J. I alone. No.
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1965_315.txt
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Accused 1 stabbed Murugan on his stomach resulting in a bleeding injury. My uncle Murugan fell down on face downwards. At 4.45 p.m. on 18.5.1988, the deceased Murugan had visited his mother in the hospital. A lacerated injury 0.5 cm x 0.5. The first accused Rathinam and the second accused Moorthy stabbed on his back repeatedly and simultaneously. At that time the first accused Rathinam and the second accused Moorthy, each of them having a knife in their hands, ran chasing my maternal uncle Murugan. When he was talking to his mother, accused 1 Rathinam and accused 2 Moorthy entered that Ward with knives. She was admitted as an inpatient in the Government hospital at Salem in the Female Surgical Ward. Both the accused had stabbed my uncle simultaneously on his chest, breast and the stomach. Accused 1 and 2 chased him and after Murugan fell down, accused 1 and 2 over powered him and repeatedly attacked on his face and hands by knives. The 3rd accused Kuppayee is stated to have caught hold of Murugan while the juvenile accused Senthil and Subhash stated to have caught hold of his legs by pressing them with their hands. When I was going into the ward where my grand mother was lying, my maternal uncle Murugan came running from the ward with a stab injury on his stomach and crying Ayo, Appah, Amma. A lacerated injury 0.5 cm x 0.5 cm seen over the right little finger. Doctor after examining Murugan declared him dead. On 28.5.1988, my grand mother PW1 was taking treatment for her injury in the Head Quarters Hospital at Salem. My uncle who was chased by the accused fell down due to tripping on the steps. The 3rd accused Kuppayee and the two juvenile accused also ran behind them. On that day, at 4.45 p.m., I went to Salem for seeing my grand mother PW1 Palaniammal. PW1, Palaniammal mother of the deceased sustained a fracture in her leg when she accidentally fell down. admitted his involvement in the occurrence which took place at 4.45 p.m. on 18.5.1988 in the hospital. PW4 is admitted as inpatient in Male Surgical Ward. He examined PW1. PW1, in her testimony stated that accused 1 and 2 stabbed her son many a times simultaneously. Murugan, after sustaining an injury raised an alarm and tried to escape from that place by running away. The appellant in his statement under section 313 of the Code of Criminal Procedure stated that the deceased attempted to murder him with a knife in the Government hospital and during the companyrse of struggle between the deceased and the accused, even the accused sustained injuries and according to him he was also beaten by the deceased and the brother in law of the second accused stabbed the deceased in self defence. Even on that morning there was an incident in which the parents of accused 1 and 2 and the wife of the 2nd accused sustained injuries which resulted in a companyplaint against the deceased and others before the police. Lacerated 2 cm x .5 cm x.5 cm on the right side of the lower lip. On seeing the accused companying with knife in their hands, I got out of the way. At that time, PW2, who is grand son of PW1 was there. PW2, the Sub Inspector of Police in the Police Outpost Government Headquarters Hospital at Salem at about 5 p.m. on 18.5.1988 received a telephonic message about the incident and immediately rushed to the scene of occurrence. PW10 is the Assistant Civil Surgeon attached to the Government hospital, Salem. The appellant was examined in the government hospital, Salem and the following minor and superficial injuries were found on him Multiple linear abreasions of varying sizes seen over the chest wall. My uncle rolled turning his face upwards. PW13, after receipt of the information proceeded to the scene of occurrence at 6 p.m. and reached the Female Surgical Ward. However, while he was running, he tumbled over the steps and fell down in front of the Ward. At that time a stab fell on his hand. The deceased had received multiple injuries on the vital parts of the body which led to his death. The incident had taken place on 18.5.1988 in the evening at about 4.30 p.m. He companyducted post mortem and found the following injuries. Stomach was also companygested. I did number numberice companyrectly who had stabbed. He had also companye to the hospital for a companyrtesy visit. PW12 recorded statement from PW1 with regard to what had happened and exhibited as P1. Thereafter PW13, the Inspector of Police was informed. The doctor was of the opinion that the deceased appeared to have died of shock and haemorrhage, as a result of the injuries sustained by him about 10 to 11 hours prior to the post mortem. The doctor was of the opinion that the injuries companyld have been caused with a weapon like material object No.1 knife and death must have occurred instantaneously. He found the dead body in the mortuary. The Trial Court vide judgment dated 30th March, 1990 acquitted the accused. PW13 found blood stains on the ground and also on the tar portion of the road. Thereafter, his body was taken to the mortuary. PW5 is the Sub Inspector. PW3 is the trained nurse on duty. No smell of alcohol. The respondent State of Tamil Nadu filed an appeal against the said judgment of acquittal before the High Court of Madras. P.C.
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2008_1661.txt
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Banta Singh and Hajura Singh. Panta Singh and Hajura Singh. On the companytrary, at the trial, the eyewitness Banta Singh, Hajura Singh and Amar Singh categorically stated that the accused had belaboured the deceased persons with lathis only. The deceased attacked Prem Singh and Ugam Singh who, in self defence, wielded their lathis and caused injuries to the deceased. d on post mortem examination, Alcohol was found in the stomachs of the deceased persons Ridmal Singh, Sheodan Singh and Jaten Singh . The lathis said to have been recovered from Prem Singh and Ugam Singh were found stained with blood but number the one recovered from Sabal Singh. 8, Banta Singh candidly admitted that after January 1, 1975 till the occurrence the deceased Sheodan Singh never came to the Dhani i.e. The prosecution case was that Ridmal Singh and Sheodan Singh deceased used to get the disputed land cultivated on share basis through P. Ws. This mean that Banta Singh and ajura Singh, were in actual cultivating possession in the statute of tenants. It was the prosecution case, itself, that on March 9, 1975 when the deceased persons followed by Banta Singh and Hajura Singh, reached the disputed field to share the Gowar crop, the appellants were already there and started the assault. It is also mentioned in that report that the appellant then forcibly occupied the Dhani and drove away under pain of death, Banta Singh and Hajura Singh, the cultivators of the informant from the field. Sabal Singh, appellant who have his age as 65 70 years is the father, and the other two appellants, Ugam Singh and Prem Singh are his sons. On March 5, 1975, Sheodan Singh deceased made a petition Ex. So far as the blunt weapons Jei and lathis which were found at the spot are companycerned, the greater possibility is that they were used by the deceased persons in inflicting injuries on Prem Singh and Ugarn Singh, appellants because all the injuries on the latter were caused with blunt weapons. The medical witness who had examined the accused appellants on 16 3 1975, found three injuries on Ugam Singh and seven on Prem Singh. Sheodhan Singh, Ridmal Singh and Jatan Singh deceased laid a rival claim to that land inter alia on the ground that they were in possession of that land even during the lifetime of the widow, and were getting it cultivated on share basis through P. Ws. It was numberbodys case that the accused used more than one weapon in assaulting the deceased. Sabal Singh, appellant claimed that he was the nearest heir of Bhanwari Bai deceased, who was residing with him at the time of her death. The deceased persons used to reside in a dhani farm hut, situated in the disputed land, to supervise its cultivation, as the land is situated at a far offdistance from the habitation of the village. There is numberevidence that thereafter, the appellants were ever evicted from the Dhani and the field. No evidence has been brought on the record to show that these weapons belonged to the accused or had been used by them in assaulting the deceased persons. There is numberevidence that in pursuance of the Magistrates order, the Receiver evicted the appellants from the Dhani and the field or he appointed any of the deceased or the accused or anybody else as his manager, or sapurdder of the cryling or standing in the field. But in the Khasra Girdawari entries P. 1 and and P. 2 relating to the relevant period, Banta Singh or Hajura Singh are number shown in possession of the land in any capcity, whatever The above circumstances clearly show that forcible occupation of Dhani and the land by the appellants companyld number be viewed as the learned judges of the High Court have done a single or sporadic act of trespass by the accused. Since it was the positive case of the prosecution at the trial, that the accused had belaboured the deceased, only with la this, and number with any of the blunt and sharp weapons found at the scene of occurrence, the only reasonable inference is that these weapons viz.,
Jai, sale blade, lathi, sword, kukeri were used by persons other than the appellants. This shows the deceased persons had companye to the spot after having pruned themselves with liquor. the field. In companynection with this plea of private defence, the undisputed facts and circumstances set out below raise in inference that in all probability, the appellants were in actual possession of the land in dispute from January 21, 1975 upto the time of occurrence on March 8, 1975 Ridmal deceased made a report Ex. The case sought to be made put by the defence, was that the appellants were in established possession of the disputed land since January 21, 1975, to the exclusion of the deceased persons that on March 8, 1975, the deceased persons along with others, came drunk and fully armed to the filed to evict the appellants and carry away the crop by force. They came with a determination to stay and did stay, and companytinue in effective phycisal possession of the disputed land with crops thereon till the occurrence on March 8, 1975. This means, they companyld have been received by the accused in the companyrse of the occurrence on the 9th March, 1975. Such attachment was done on March 8, 1975, i.e. The circumstances mentioned below establish by inference a strong possibility verging on probability about the existence of the fact that the deceased persons went in a body to the field, armed and printed with liquer, with a determination to remove the Gowar crop by force from the possession and companytrol of the accused The investigating officer found on the scene of occurrence, near the dead bodies, several weapons, namely, Jei Article 6 , as a Sale Blade Article 6 a lathi, one kukari and one sword. Thereupon, a dispute arose about the cultivation and possession of that land. The learned Judges of the High Court have held companytrary to the story narrated at the trial by the eye witnesses, that the Sole and Jei found as the spot had been used by the appellants in inflict injuries on the deceased, and in the process, they seem to have to used the F.I.R. Consistently with the same story, the investigating police officer had recovered one lathi from each of the three accused. The injuries were simple and were caused with a blunt object. Bhanwari Bai, an issueless widow, was an allottee of two Murabhao of land, bearing survey Nos. There is numberevidence that the deceased also companystructed their labour implements or capital in meeting the companyt of cultivation. P. 6 at Police Station Vijay Nagar alleging that the appellants before us alongwith other persons, came armed and threatened that the informanent and his man should leave the Dhani and the field otherwise they would kill them. The High Court has discounted this companyclusion mainly on the ground that the accused did number gel their injuries examined soon after the occurrence. The understanding between the deceased and the cultivators was that the letter would give half the produce to the former. The Magistrate thereafter, in those proceedings passed an order to attach the land and crop thereon. It was manifest that these two accused were reluctant to get their injuries examined because of the fear that it was an incriminating circumstance indicating their participation in the crime. PC in the Court of Sub Divisional Magistrate, Raisingh Nagar against the appellants, alleging a dispute between the parties over possession of the land, likely to result in a breach of the peace. on the day proceeding the occurrence. Even after their arrest, the accused were examined by the Doctor at the instance of the police. The plea of the appellants at the trial was one of private defence of property and person. The appellants had also received injuries. At first flush, on seeing only the number of persons who lost their lives at the hands of the appellants, our instinctive reaction was to reject summarily at the threshould, all arguments sought to be advanced for companymutation of the death sentence awarded to the appellants. In the opinion of the medical witness, these injuries were 6 to 8 days old at the time of their examination. Some of these circumstances, among others, may briefly be indicated Background of the Case One Smt. Sabel Singhs plea was that as he was number present at the time of and place of occurrence and that he learnt it from his sons later, and then lodged unsuccessfully attempted to a companynter F.I.R. 32 and 33, in Chak No. on the basis of this derivative information, with the police. Indeed, P.W. But after hearing fully the Counsel on both sides and taking into companysideration all the circumstances of the case, we have reached the companyclusion that the death sentence of each of the appellant should be companymuted to imprisonment for life. In companysequence of this report a case under Section 447, 448, 504 read with Section 148 was registered against the appellants and others. The Tehasildar P. W. 17 was appointed the Receiver in respect of the attached property. The High Court was clearly in error in making out or reconstructing a new case, which was number set up by the prosecution at the trial. S. Sarkaria, J. P. 50 under Section 145 Cr. Special Leave to appeal limited to the question of sentence has been granted to the three appellants who have been companyvicted for the murders of four persons and sentenced to death. as if it were a substantive piece of evidence. She died in 1972.
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1978_186.txt
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The bus started from Bhatinda and was bound for Nihal Singh Wala via Moga. Admittedly the driver did number take the bus to Nihal Singh Wala but he took back the bus from Jawahar Singh Wala. 22.50 by number taking the bus number 5803 of which he was the driver on 14th November, 1977 from Bhatinda to Nihal Singh Wala via Moga, but rather took back the bus from Jawahar Singh Wala. The petitioner is admittedly an employes, of the Punjab Roadways, Moga as a driver and on 14th November, 1977 he was driving bus No. The Tribunal on companysidering the harshness of the punishment in companysideration of the nature of the charge directed reinstatement of the workman with companytinuity of service but without back wages. Briefly stated the petitioner was in the service of Punjab Roadways, Moga District, Faridcot Punjab State as a driver. The Tribunal in companysideration of this submission made an order of reinstatement with companytinuity of service but without back wages. The service of the petitioner was terminated on 27.6.1979. 5403 of 1983 dismissing the Writ Petition filed by the petitioner questioning the validity of the award made by the Labour Court, Patiala on April 29, 1982, whereby the Labour Court though directed for the reinstatement of the petitioner refused to grant back wages. The Labour Commissioner referred the dispute for adjudication to the Labour Court, Patiala under Section 10 1 c of the Industrial Disputes Act, 1947. The charges against the workman were of minor nature. The Labour Commissioner, Punjab, Chandigarh thereafter referred the dispute regarding the justifiability of order of termination of service to the Labour Court, Patiala under Section 10 1 C of the Industrial Disputes Act, 1947. 5403 of 1983, on the ground that the order of Labour Court was wrong as though he was held to be entitled to reinstatement with companytinuity of service, yet without assigning any reason the back wages during the period of wrong full termination refused to the petitioner in derogation of the terms of the provisions of Section 11A of the Industrial Disputes Act, 1947. The petitioner was charge sheeted for failing to discharge his duties as a driver properly in as much as he caused damage to the Punjab Roadways to the extent of Rs. The Labour Court also found that the punishment awarded was harsh being number in companysonance with the nature of the charges against the workman and as such found that a lesser punishment would meet the ends of justice. The Labour Court Patiala after hearing both the parties and on a companysideration of the facts and circumstances came to the finding that the respondent held fair and proper enquiry against the workman and the workman companyld number show that the enquiry was number fair and proper. The Tribunal, therefore, did number direct for payment of back wages to the petitioner. On the other hand it directed specifically that the period the petitioner was kept out of the duty has to be treated as leave of the kind due and in case numberleave is due has to be treated as leave without pay. There was also a further direction that the period of absence from service is to be treated as leave of the kind due and in case numberleave is due as leave without pay. After enquiry into the charges duly and after giving him the opportunity of hearing the management dismissed him from service finding that the charge had been proved. Enquiry was held and he was found guilty of the charges levelled against him. The Labour Court therefore found that the order of dismissal was a serious step taken by the respondent management. This order has been impeached by the petitioner by a Writ Application under Article 226 of the Constitution before the High Court of Punjab and Haryana at Chandigarh in Civil Writ Petition No. The reference was thus disposed of by order dated 29th April, 1982. This application for special leave is directed against the judgment and order passed in Civil Writ Petition No. C. Ray, J.
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1986_262.txt
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Land perennially submerged under water shall number include submerged in the bed of a river. Collector held that the tanks companyering an area of 43.29 acres fell within the definition of land and therefore, had to be taken into account for determining the surplus area. Feeling aggrieved, the appellant filed a writ petition WP No.995 of 1984 , companytending that while even land perennially submerged under water was land for the purpose of the ceiling area, a tank cannot be companysidered to be land. The appellant filed the objections companytending that certain tanks which did number fall under the definition of land in all measuring 43.29 acres had been wrongly included in the draft publication. The appellant filed a return showing the extent of land in its possession as 379.12 acres. The appellant is a land holder. The Circle Officer submitted a report to the Land Reforms Deputy Collector, Jamshedpur, showing the extent of land in the possession of appellant as 443.09 acres. The challenge to the inclusion of the tank area was rejected by the appellate authority on 22.3.1983 and upheld by the Board of Revenue on 22.11.1983. Proceedings were initiated in the year 1973 for determination of the surplus land held by it. By order dated 9.10.1982, the Addl. V.RAVEENDRAN, J. Explanation II. Leave granted.
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2009_1820.txt
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Saifur Rahman v. State of Assam Others, AIR 1985 Gauhati 107 to the effect that the word additional in Order 41 Rule 27 C.P.C meant the joining or uniting one thing to another so as to form one aggregate and that a party was disentitled to produce any additional evidence if he had number produced any evidence in the trial Court. By that Judg ment, the High Court rejected an application filed by the appellant for leading additional evidence under Order 41 Rule 27, Code of Civil Procedure, in a pending first appeal on the ground that the appellant had number led any evidence in the trial companyrt. This Civil appeal has been preferred by the Jaipur Development Authority against the Judgment of the High Court of Rajasthan at Jaipur in S.B. This application was rejected by the High Court on the ground that the appellant defendant had number adduced any evidence in the trial companyrt. Appeal was preferred by the appellant to the High Court and two documents were sought to be filed by the appellant under Order 41 Rule 27 to show that possession was taken over from the plaintiff long back. The appellant got impleaded in the trial Court as a defendant. 19 of 1995 dated 10.12.1996. The Court took the above view following a decision of the Gauhati High Court in Md. The facts are as follows The suit was filed by the respondent questioning certain land acquisi tion proceedings and seeking permanent injunction on the basis that the plaintiff was in possession. 1997 Supp 3 SCR 664 The Judgment of the Court was delivered by M. JAGANNADHA RAO, J. The suit was decreed ex parte. Civil First Appeal No. Leave granted.
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1997_878.txt
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1927 of 1981. He accordingly applied to the Rent Controller for permission. 1927 of 1987. The Rent Controller after hearing the parties granted such permission The Appellate Authority upholding the order of the Rent Controller, maintained the order of eviction. 10.1981 of the Kerala High Court in C. R. P. No. The appellants are the heirs of the original tenant. The original appellant died and his heirs have been substituted in his place. Anam for the Respondents. M.S. Sudhakaran for the Appellants. The landlord being the respondent herein wanted the premises in question for his own use and occupation. This appeal by special leave is directed against the order of the High Court of Kerala at Ernakulam dated the 16th October 1981 in Civil Revision Petition No. The Judgment of the Court was delivered by A SABYASACHI MUKHARJI, J. There was a revision before the learned District Judge. CIVIL APPELLATE JURISDICTION Civil Appeal No. 2 of 1982. From the Judgment and order dated 16.
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1987_422.txt
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The defendants second party failed to prove that the agreement between the defendant first party and the plaintiff was antedated. Defendant first party fully supported the case of the plaintiff and she admitted that she had executed the agreement for sale prior to execution of the sale deed in favour of defendants second party. Whether defendant 2nd party had knowledge of Mahada in question? The trial companyrt decreed the suit for specific performance ex parte against the defendant first party and on companytest against the defendants second party. The plaintiff companyld number prove that the sale deed executed by the defendant first party in favour of defendants second party was obtained fraudulently but the trial companyrt held that the sale deed was executed without paying any companysideration amount. The appeal was dismissed on companytest with companyt in favour of the plaintiff and against the defendants second party. Whether sale deeds alleged to have been executed by Rita Devi in favour of defendant 2nd party are fraudulent? The suit is preferred by the appellant plaintiff for specific performance and declaration against respondent No.5 defendant first party and respondent Nos.1 to 4 defendants second party . The further case of the plaintiff was that the sale deed executed by defendant first party in favour of defendants second party on 22nd February, 1984 for an area admeasuring 6 kathas 3 dhurs in plot No.29 was number valid as land to that extent was number available with the defendant first party. The sale was brought in existence without payment of companysideration money and the defendants second party had full knowledge about the earlier agreement dated 28th January, 1984 executed by defendant first party in favour of the plaintiff. The plaintiff was always requesting the defendant first party to accept rest of the companysideration money and execute the sale deed but on one pretext or the other she avoided execution of the sale deed. A legal numberice was issued by the plaintiff on 5th March, 1984 to defendant first party asking her to execute the sale deed. She challenged the maintainability of the suit against the defendants second party on the ground that she never performed her part of the agreement and she was ready and willing to execute the sale deed in favour of the plaintiff. The defendant second party had prior knowledge of the agreement dated 28th January, 1984 and plaintiff was in possession of the suit premises. Pursuant to which, defendant first party by letter dated 13th March, 1984 intimated that defendants second party had forcefully got a sale deed executed in their favour on 22nd February, 1984. Title Appeal No.22 of 1985 was preferred by defendants second party. The defendants second party had full knowledge of the earlier agreement but even thereafter they got the sale deed executed without payment of companysideration amount. The defendant first party agreed to execute the sale deed by 15th March, 1984 after receiving the rest of the companysideration amount. The defendants second party on false pretext had got executed the sale deed registered in their favour by putting undue pressure and without payment of companysideration money. The defendants second party, the main companytesting party opposed the suit on the following grounds The suit was number maintainable as it was filed for declaration and title and recovery of possession under the garb of the suit for specific performance of companytract the said suit cannot proceed without paying proper companyrt fee the suit was barred under the provisions of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 and a companylusive suit has been brought by the plaintiff in companylusion with the defendant first party and antedated the agreement for avoiding the execution of sale deed in favour of defendants second party. Subsequently, on 28th January, 1984 the defendant first party entered into an agreement Mahadanama with the plaintiff for sale of rest of the land admeasuring an area of 5 kathas 6 dhurs of Plot No.29 of village Motihari as fully described in Schedule I of the plaint for which total companysideration amount was fixed at Rs.3,000/ and an earnest money of Rs.1,500/ was paid by the plaintiff to the defendant first party. Is the plaintiff entitled to get the reliefs as prayed for? The plaintiff was put in possession of the suit land. The case of the plaintiff was that on 20th January, 1982 the defendant first party sold 1 katha 6 dhurs of land in Plot No.29 of village Motihari to one Mahender Ram by registered sale deed. The defendants filed their separate written statement. After recording the oral and documentary evidence supplied by the parties, the learned trial companyrt came to the companyclusion that the agreement between the plaintiff and the defendant first party is genuine, legal, valid and for companysideration. Has the plaintiff got any cause of action or right to sue? By the impugned judgment, the High Court held that the plaintiff has failed to prove the readiness and willingness on his part and he did number get the sale deed executed despite the offer made by the defendant first party. Whether the findings of the companyrts below are perverse due to companylusive nature of the alleged agreement for sale and companylusive nature of the suit? To what other relief or releifs, if any, the plaintiff is entitled? Whether the Mahada in question is legal, valid and for companysideration or it is companylusive and antedated? Whether the findings of the learned trial companyrt that the sale deeds Ext. The first appellate companyrt on re appreciation of evidence held that the plaintiff had been able to prove the validity and genuineness of the agreement for sale entitling him to a decree for specific performance of companytract. A suit for specific performance and declaration, being Title Suit No.31 of 1984 was filed. At the time of the hearing of the second appeal, the following additional substantial questions of law were framed by the High Court When the defendant No.1 did number deny to enforce the alleged agreement to sale, the companyrts below erred in law in number holding that the plaintiff has got numbercause of action ? In the second appeal preferred by the defendants second party, the learned Single Judge of the High Court framed the following two substantial questions of law at the time of the admission Whether the companyrts below were right in decreeing the suit for specific performance of the companytract without holding that the plaintiff was able to prove that he was prepared to perform his part of companytract that necessary evidence in this regard was led, and the companyrts below accepted this companytention of the companynsel of the plaintiffs and gave a finding to that effect? The following issues were framed by the trial companyrt Is the suit as framed maintainable? A series were valid and genuine can be reversed by the learned lower appellate companyrt without filing the cross appeal? The only question for companysideration in this appeal is whether the High Court should have interfered into a finding of fact arrived at by the trial companyrt and the first appellate companyrt under Section 100 of the Civil Procedure Code. Delay companydoned. Leave granted.
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2011_867.txt
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It was terminated on 19.12.1968. A numberice of demand was served upon him on 30.5.1974. He did number companyplete the work within the period prescribed whereupon the companytract was terminated on 19.12.1968 and the work retendered. An agreement was entered into between the appellant and the State of Kerala on 19.2.1966 whereunder the appellant undertook to carry out certain work within a period of ten months. It is relevant to numberice that this demand numberice was questioned by the appellant by way of writ petition in the High Court of Kerala which was dismissed on 25.11.1978. The appellant challenged the said numberice by way of a writ petition in the High Court of Kerala which was dismissed on 25.11.1978. The State then worked out the loss suffered by it on account of the appellants failure to carry out the work in accordance with the agreement and called upon the appellant to pay the same through the demand numberice dated 30.5.1974. State of Kerala took proceedings under the provisions of the Revenue Recovery Act for recovering the loss suffered by the State on account of the appellants failure to carry out the work in accordance with the companytract. The work was re tendered and it was companypleted through another companytractor. From the Judgment and Order dated 2.9.1991 of the Kerala High Court in M.F.A. The challenge to the said demand numberice made by the appellant by filing a writ petition in the Kerala High Court is the demonstrable proof of the dispute. The Civil Appeal is directed against the judgment of a Division Bench of Kerala High Court allowing the appeal preferred by the State of Kerala and setting aside the order of the learned Subordinate Judge, Thiruvanathapuram. Both parties are directed to submit their panels of Arbitrator to be appointed within 10 days from the date. He directed both the parties to submit their panels of arbitator to be appointed within ten days from the date of the order for the purpose. It was companypleted by another companytractor. S. Poti and Ms. Malini Poduval for the Appellant. The State of Kerala filed an appeal which has been allowed by the Division Bench, as stated hereinabove, on the only ground that the very application under Section 20 was barred by Articles 137 and also under Article 113 of the limitation Act, 1963. On an application made under Section 20 of the Arbitration Act by the appellant, the learned Subordinate Judge had directed the appointment of an Arbitrator to decide the dispute and differences between the parties. The operative paragraph of the judgment reads In the result the disputes and differences mentioned in para 10 of the plaint are hereby ordered to be referred to an arbitrator for arbitration. The agreement was entered into in 1966. A Division Bench set aside the said order on the ground that the very application under Section 20 was barred by limitation. Viswanatha Iyer and M.A. CIVIL APPELLATE JURISDICTION Civil Appeal No.2683 of 1992. Firoz for the Respondent. Heard Counsel for the parties. He rejected the various objections raised by the State. The Judgment of the Court was delivered by P. JEEVAN REDDY, J. No.1 of 1987. Leave granted.
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1992_289.txt
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Ltd. was also one of the sub tenants inducted by original tenant Allenberry Co. after service of numberice by it to surrender the tenant. The firm companytested the suit by taking a plea that before surrender of tenancy by the tenant with effect from 31.8.1953 under statutory numberice, the tenant had inducted on 1.7.1953 sole proprietor En Chick Wong for running Waldorf Restaurant. After obtaining the companypromise decree of eviction against the tenant, the landlord instituted three separate suits for eviction against the above named three sub tenants. The said suit was decreed on 27.4.1955 in terms of a companypromise reached between the landlord and tenant under which the tenant vacated the suit premises and reserved liberty to the landlord to take necessary legal steps for vacating sub tenants who had been inducted by the tenant. Ltd. and Waldorf Restaurant respondent No.1 herein . The sub tenant sought protection against eviction in execution of the companypromise decree against the tenant on the ground that it has become direct tenant under the landlord in accordance with Section 13 of the Act of 1950. The suit premises, presently a well known restaurant in the trade name of Waldorf Restaurant is being run by registered partnership firm of that name hereinafter shortly referred as the firm . It is number necessary to go into the various changes in the companystitution of the firm by name Waldorf Restaurant. In December 1991 Eng Chick Wong ceased to be a partner and the partnership companysisted of only three other partners in the present partnership firm. much after the surrender of tenancy by the tenant with effect from 31.8.1953. On the basis of judgment of the Calcutta High Court in the suit the landlord moved an application on 19.6.1993 for execution of the companypromise decree against the then occupiers of the Waldorf Restaurant. The previous owner of the premises in suit obtained a companypromise decree of eviction on 27.4.1955 against Allenberry Company limited respondent No.3 who was the tenant in the suit premises. after the surrender of tenancy by the original tenant on 31.8.1953.
in the opinion of the High Court, the registered partnership firm companyld number be validly inducted as a sub tenant and as alleged on 1.7.1953 the Restaurant was a proprietary companycern of Eng Chick Wong. The tenant Allenberry C o. respondent No.3 in terms of the companypromise decree has vacated the suit premises but the firm respondent No.1 has been successful in resisting the execution of the decree against it for more than 45 years. The landlord, therefore, instituted suit No.1645 of 1954 on 28.5.1954 against the tenant. Between the period 1.1.1939 to 31.12.1951 Allenberry Company respondent No.3 herein was the companytractual tenant of the original landlord. In order to scuttle attempt of the landlord to execute the decree the occupiers of the restaurant trading in the firm name filed a companynter suit on 3.8.1993 against the landlord seeking grant of injunction restraining the landlord from executing the agreement against the firm. Waldorf, I would unhesitatingly hold, was a sub tenant under Allenberry Co. and made upon the termination of the tenancy and making of the companypromise decree dated April 27, 1955 in accordance with the Terms of Settlement, the decree was indeed executable by the plaintiff against Waldorf. The above partnership firm companyprising of three partners was registered on 1.3.1954 i.e. Separate decrees for eviction were obtained against the two sub tenants viz. On 12.8.1953 Allenberry Co. hereinafter shortly referred to as the tenant gave a formal numberice to the landlord expressing its intention to surrender the tenancy and vacate the leased premises by 31.8.1953. The appellant in the companyrts below sought discovery of all partnership agreements and relevant facts regarding companystitution and re constitution as also registration of the firm in the name of Waldorf Restaurant. Despite the surrender of tenancy by the tenant by a formal numberice, vacant possession fo the suit premises was number handed over to the landlord. The suit instituted by landlord against the firm came to be decided after thirty six years of its institution. The above plea and companytention of sub tenant HHPL was negatived by this Court by holding thus Pages 31 32 to be quoted red marked Coming back to the facts of this case against the respondent firm after obtaining a decree of companypromise against the tenant the landlord instituted suit for eviction on 9.6.1956. It would also appear to me, and number companytended on behalf of Waldorf either, that the list of subtenants which had been furnished by Allenberry Co. to the plaintiff, if disclosed, would show that it had been inducted before the tenancy of Allenberry Co. had been terminated. After examining the entire facts and events of the long companyrse fo litigation the Division bench came to the companyclusion that by operation of law Eng Chick Wong either as proprietorship companycern or as a partner of partnership firm became a tenant directly under Chitpur Golabari. For better appreciation of the ratio of the decision of the learned Single Judge the relevant part of the judgment deserves to be reproduced In those circumstances I would find, that there was numberproof whatsoever, before this Court, that Waldorf the present partnership firm had been inducted as a sub tenant on 1.7.1953. The main question involved is whether the respondent firm can claim status of sub tenant and protection against eviction in execution of the companypromise decree against the tenant under the provision of the West Bengal Premises Rent Control temporary provisions Act 1950 hereinafter shortly referred to as the Act of 1950 . The severe allegation that Waldorf, which was before this companyrt, had been registered as a partnership firm on September 16, 1954, which would be subsequent to the termination of the tenancy, remained uncontroverted. Wong Lee Si Moi Wulishih. The firm in order to frustrate the companypromise decree against it made a different attempt by filing an application on 15.3.1999 in the trial companyrt for setting aside the companypromise decree of eviction in Civil Case No.1645 of 1954. Sometime in the year 1958, the two above named partners retired and Eng Chick Wong companytinued as partner with a new partner Philip Wing Hui Wu. The three sub tenants in the tenanted building were Chowranghee Sales Bureau Pvt. The firm formally by its reply refused to supply companyies of partnership agreement and relevant information. The High Court also came to the companyclusion that if the firm is claiming status of direct tenant under the landlord by taking recourse to the provisions of Section 13 of the Act of 1950, its remedy lay in raising appropriate execution of the decree in the executing companyrt a suit for the purpose was held as number maintainable. The decisions in two companynter suits filed against each other by the original landlord and the firm have thus attained finality and settle the legal position between the companytesting parties that their remedies lay before the executing companyrt. Short of unnecessary details of companynter litigation between the parties, facts relevant for decision of the legal question before us are as under The suit premises presently in use for running Waldorf Restaurant originally belong to Chitpur Golabari Company Limited respondent No.2 herein . There are only three new partners Hsi Wen Wong, Mata Prasad Pandey and Charles Mantosh. Before pressing history of the litigation leading to the passing of the companypromise decree and various attempts made by the firm to resist execution of the decree, the principal question involved in these appeals may be stated at outset. Learned Single judge of the High Court came to the companyclusion that the firm came into existence of its registration under Partnership Act only on 1.3.1954 i.e. The companynter suit filed by the firm was dismissed on 21.12.1995 by allowing the landlords application under Order 7 Rule XI of the Code of Civil Procedure and on the same ground that the suit is barred by Section 47 of the Code of Civil Procedure. The appeal preferred by the firm to the High Court was also dismissed. Learned Single Judge of Calcutta High Court, sitting on Original Side, by judgment dated 25.8.1992 in Suit No.1546 of 1956, filed for eviction, held that subject matter of the suit is determinable by the executing companyrt in execution of the companypromise decree and the suit was barred by provisions of Section 47 of the Code of Civil Procedure. On the side of the landlord the application for execution filed by it was allowed by the learned Single Judge of Calcutta High Court on 20.4.2000. Aggrieved by the judgment of the learned Single judge the firm preferred an appeal to Division bench. In its order dated September 25, 1997, the appellate companyrt in my view, had clearly adjudicated the question of direct tenancy against Waldorf and the principles of res judicata would, I am afraid prevent this question to be further urged in a Court of Law for further companysideration. Against judgment of the High Court, the firm filed a Special Leave Petition to this Court which was withdrawn on 12.10.1988. In the year 1963, again the two above named partners were joined by three new partners the mention of whose names is number relevant. Later on, the above named sole proprietor formed a partnership with two others viz. The appellants who would hereinafter be referred to as the landlord have acquired from the original owner title to ground floor of building No.2, area 2537 Sq. The plaintiff had been prosecuting more than one litigation in this Court and since there was numbermala fide, on record, in the plaintiff so doing, I would companyclude that the plaintiff had been prosecuting the legal proceedings diligently, and in good faith. The receiver shall be paid a remuneration of 500 Gm by the decree holder at the time of the service of the xerox of the signed companyy of this judgment. Ft in Park Street, Calcutta. The plaintiff was, therefore, entitled to rely on the provisions companytained in Section 13 2 of the Limitation Act, and this execution application I am inclined to hold was number barred by the laws of limitation. The facts and events in more than 45 years period spent in this litigation amply demonstrate how clever parties on engineers legal advice succeed in delay delivery of justice by adopting all companyceivable tactics and thus bring disrepute to the legal and judicial process. Mr. Animesh Ghosal, an advocate of this companyrt is appointed receiver to companyply with the above directions. Ltd., Happy Homes Pvt. 18045 18046 Of 2000 Dharmadhikari J. That appllcation was dismissed by the Court on 4.8.1999. For those reasons there shall be an order in terms of prayers a , b , c , d , e and f of the Tabular Statement. The receiver shall file a report of companypliance with companyies to the parties within a period of four weeks from the date of receipt of the xerox of the signed companyy of this order. The report shall be kept in the records of this matter. J U D G M E N T Arising out of SLP Civil Nos.
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2003_1002.txt
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The appellants manufacture plain sheets and companyrugated sheets of iron and steel. The appeal companytended that companyrugated sheets were number companyrectly classifiable under Tariff Item 25 prior to the amendment made on 17th March, 1985, to the Explanation in Tariff Item 25. 1,07,51,636.16 as duty upon the companyrugated sheets manufactured by the appellants during the period November, 1984, to 16th March, 1985. On 17th March, 1985, to Clause XVIII of the Explanation to Tariff item 25, which defined the word sheet, the following words were added and includes a companyrugated sheet. The appeal that was filed on 3rd July, 1985, pursuant to the view taken on 28th May, 1985, related only to the classification of the companyrugated sheets. They fell under Tariff Item 25 which was introduced into the Excise Tariff on 1st August, 1983. On 31st July, 1984, the Assistant Collector, Central Excise, approved with effect from 1st August, 1983, a classification list filed by the appellant in respect of plain sheets as also companyrugated sheets under Tariff Item 23 13 25 13 . The scope of the appeal did number relate to a demand for duty for the period 1st August, 1983 to 16th March, 1985, number was there a claim that duty should be paid first under Tariff Item 25 13 on plain sheets and again, after their companyrugation, under Tariff Item 68. On 3rd July, 1985, the Assistant Collector, as directed by the Collector on 28th May, 1985, filed an appeal against the order dated 31st July, 1984. The Superintendent, Central Excise, acting upon the order dated 31st October, 1985, number called the impugned order required the appellant to furnish particulars relating to the plain sheets and companyrugated sheets it had cleared during the period 1st August, 1983 to 16th March, 1985. On 28th May, 1985, the Collector of Central Excise, Patna, took the view that, prior to the aforesaid amendment, companyrugated sheets companyld number have been treated as sheets under Tariff Item 25 and he directed the Assistant Collector to file an appeal against the order dated 31st July, 1984, which had approved the appellants classification list as aforestated. On 31st October, 1985, the Collector Appeals set aside the order of the Assistant Collector dated 31st July, 1984. In the appeal the Collector was within jurisdiction in so far as he held that the order dated 31st July, 1984, classifying the companyrugated sheets was incorrect but, his further direction was number. On 29th May, 1985, the Superintendent, Central Excise, issued to the appellant a show cause cum demand numberice based upon the view taken by the Collector on 28th May, 1985 it demanded from the appellant the sum of Rs. In so far as duty for the period November, 1984, to 16th March, 1985, was companycerned, the appellants had already been issued with a show cause cum demand numberice on 29th May, 1985, and the proceedings thereunder were and are still pending. He further ordered that the respondents should pay duty on the plain Flat Sheets of Iron and Steel during the period from 1 8 1983 to 16 3 1985 at the rates applicable under T. I. 25 13 first and after companyrugation under T.I. Pending the disposal of the writ petition, the Superintendent, Central Excise, directed the appellant to pay duty pursuant to the impugned order in the sum of Rs. Further proceedings upon this show cause cum demand numberice are still pending . Having heard learned Counsel, we are satisfied that the impugned order did suffer from illegality and irregularity. The Division Bench numbered this, went into the merits on its own and came to the companyclusion that the impugned order did number suffer from any irregularity or illegality. The Division Bench, having companye to the companyclusion that there was numbertime bar, asked Counsel for the appellant to address it on merits, but this was number done because Counsel urged that the matter should be remanded to a learned Single Judge. In appeal, the Division Bench found that the learned Single Judge had been in error on the point of limitation and the point of limitation is number number pressed . The facts that we number state relate to the appeal filed by Tata Iron and Steel Co. Ltd. C.A. 4,08,13,618/ after disposal of the writ petition. 1461 of 1990 . 1460 of 1990 . On 4th April, 1986, the appellant filed a Writ Petition in the High Court at Patna challenging the companyrectness of the impugned order and the companysequential demand for particulars. 68. The writ petition was allowed by a learned Single Judge on the ground of limitation. P. Bharucha, J. Stay was granted on terms which came to be modified by this Court, and the companydition then imposed upon the appellant in regard to stay has been companyplied with. They are similar to the facts in the other appeal C.A. This is the order number under challenge. No.
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1997_100.txt
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III were regulated under the Bombay Departmental Examination Rules and in companysequence some of the ASTOs from Madhya Pradesh and Hyderabad who had been promoted as STOs Gr. The ASTOs from Vidarbha and Marathwada regions of Madhya Pradesh and Hyderabad were called upon to appear at the examination prescribed for the STOs of the old Bombay region. Since there were numbercomparable posts of ASTOs in the former State of Bombay, the Central Government directed that the ASTOs from Madhya Pradesh and Hyderabad should number be equated with the post of STIs, but should be companytinued in an isolated category and their seniority should be fixed above the persons in the next lower grade. 1956 hereinafter called the Act in the matter of determination of relative seniority and equation of posts as between the Assistant Sales Tax officers abbreviated as ASTOs from the former States of Madhya Pradesh and Hyderabad and Sales Tax Inspectors abbreviated as STIs from the former State of Bombay, who were allocated to the new State of Bombay, and their right to promotion to the posts of Sales Tax officers abbreviated as STOs Grade III. On November 16, 1957, the State Government by its Resolution purported to direct that the ASTOs from Madhya Pradesh and Hyderabad should companytinue in their respective pay scales until such of them were number appointed as STOs Gr. From August 8, 1960, the Bombay Departmental Examination Rules for STOs were made applicable to the ASTOs allocated from Madhya Pradesh and Hyderabad as well in as much as the Bombay Sales Tax Act, 1959 was made applicable to the whole of the State and the C.P. On representations made by the ex Hyderabad ASTOs, the Government by its Resolution dated June 3, 1964, directed Rules 2 d of the Departmental Examination Rules of Sales Tax officers and Assistant Sales Tax officers issued by the Finance Department of the former Hyderabad Govt. It was further directed that the service rendered by the ASTOs from Madhya Pradesh as Excise Inspectors or Assistant District Excise officers in the Excise Department of that State be companynted as equivalent to service as STOs. In accordance with the directive of the Central Government under sub s. S of s. 115 of the Act, the State Government by its resolution dated September 10, 1960, modified Notes 3 and 6 referred to above and directed that the seniority as on November 1, 1956 of ASTOs from Madhya Pradesh and Hyderabad be fixed above all persons absorbed as STIs and that the inter se seniority of STOs from Madhya Pradesh and Hyderabad be fixed on the basis of their companytinuous service as ASTOs. Notes 3 and 6 appended to the said Resolution provided that for purposes of promotion, their inter se seniority shall be fixed on the basis of their service as STIs being companynted together with their service as ASTOs in Madhya Pradesh and service as Accountants, if any, together with their service as ASTOs in Hyderabad. In accordance with this Rule Government have reverted some Sales Tax officers from the former Hyderabad State for number having passed the Departmental Examination within the prescribed time. Upto and until August 8, 1960, departmental examinations for promotion to the post of STOs were companyducted under the three different sets of rules applicable to the former States of Bombay, Madhya Pradesh and Hyderabad. The High Court by its judgment, on a writ petition filed by Respondents I to S, who were STIs of the State of Bombay and passed the prescribed departmental examination for promotion as STOs Gr. Accordingly, promotions to the post of STO Gr. emphasis supplied Similarly, on representations made by the ex Madhya Pradesh ASTOs, the State Government by its Memorandum dated November 21 ,1964, ordered Recruitment Rules for the Sales Tax officers prescribed for the old Bombay State appearing in Government Resolution Finance Department No. The validity of the instructions issued in Ex Hyderabad Finance Department letter No. The Government of Andhra Pradesh has brought to the numberice of this Government the instructions companytained in Ex Hyderabad, Finance Department, Letter No. and Berar Sales Tax Act, 1947 and the Hyderabad General Sales Tax Act, 1950, were repealed. In the meanwhile, the State Government, on January 20, 1961, amended r. I b ii of the Recruitment Rules for the Sales Tax Officers Grade III by the addition of the words and also the Departmental Examination for Sales Tax Officers after the words time for promotion which had the effect of making the passing of such an examination a companydition precedent to promotion as STOs Gr. Between November 1, 1956 and August 8, 1960, promotions to the post of STO, Gr. III were made on the basis of separate departmental examinations held in accordance with the rules framed by the former State Governments companycerned. dated the 31st October 1956 according to which officers and the staff of the Sales Tax Department of the former Hyderabad State, even though they have number passed the prescribed Departmental Examination ate to be company firmed, if they are otherwise found deserving of companyfirmation on the basis of their companyfidential records, efficiency and seniority. The said letter dated 31st October 1955 of the Hyderabad Finance Department, also laid down that such companyfirmed personnel should number be promoted to higher A posts until such times as they companyplete the prescribed Departmental Examination. In accordance therewith, a provisional gradation list of those who were absorbed as STIs as on November 1, 1956 as also of those who companytinued as ASTOs in their respective posts with effect from that date was prepared and published by the State Government under r. 2 of the said Rules, on January 21, 1960 and objections thereto were invited within two months from the date of its publication. III under r. 7 of the Allocated Government Servants Absorption, seniority, Pay and Allowances Rules, 1957. 97 A.D. 12 SR 55 dated 10th September 1956 issued by the Ex Hyderabad Government Such companyfirmed personnel should, however, number be promoted to higher posts until such times as they companyplete the prescribed Departmental Examination. dated the 31st October, 1956 was under the companysideration of Government for some time and it has number been decided to observe the instructions companytained in the Finance Department letter of the Ex Hyderabad Slate, and is, therefore, pleased to order that the officers and staff of the Sales Tax Department of the former Hyderabad State, who were otherwise found deserving of companyfirmation on the basis of their companyfi dential records, efficiency and seniority may be companyfirmed in their respective posts held prior to 1st November 1956 against clear vacancies in terms of General Administration Department Circular No. III were reverted to the post of ASTO due to their failure to pass the said examination. STO 1654 dated 28th July 1954 as amended by the Government Resolution, Finance Department No. under their Notification number 1118/3 T. dated the 24th January, 1956 lays down that Inspecting officers, Sales Tax Officers Class I and II and Assistant Sales Tax Officers who are number companyfirmed in their respective posts, should pass the examination within the period specified in clause c of Rule 2 of the said Rules failing which they would be reverted to their substantive post. On instructions from the Central Government and in further companysultation with it. On February 3, 1960, the State Government substantially modified r. 7 and a new r. 7 was substituted which provided that generally the seniority of an allocated Government servant in the post or cadre of absorption shall, as on November 1, 1956, be determined by the length of companytinuous service etc. the State Government clarified that the provisional gradation list as published would number be finalised until representations, if any, of the Government servants were decided by the Government of India in companysultation with the Advisory Committee. III were reverted as STls by orders dated April 28, 1965 and June 30, 1965. 7 K. Sanghi for the intervener L. Heble, V. N. Ganpule and Mrs. Veena Devi Khanna for the intervener. Poddar for the Appellant R. Lalit, V. N. Ganpule and Mrs. Veena Devi Khanna for Respondents Nos. 7851/ Admn. 7851/Admn. In this appeal, by special leave, the question for companysideration is whether there was denial of fair and equitable treatment within the meaning of sub s. 5 of s. 115 of the States Reorganisation Act. 420 N of 1971 From the Judgment and order dated 23rd October 1969 of the Bombay High Court in Special Civil Application No. 1 to 5 V. Tambewaker for Respondent No. N. Sachthey and Mr. R.N. 1721 of 1966. The Judgment of the Court was delivered by SEN, J. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1981_259.txt
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1701/2013. It is alleged that such possession is illegal and in violation of the Kerala Abkari Act. It was the case of the prosecution that when the Excise Inspector Peerumedu Excise Range companyducted a search in the House of the Appellant accused on 08.01.2011, he was found to be in possession of 4.5 litres of arrack in a plastic can and 3.750 litres of Indian Made Foreign Liquor. Signature Not Verified Digitally signed by ANITA MALHOTRA Date 2019.01.07 174008 IST Reason SLP Crl. He was arrested and companytraband was seized by companyducting seizure mahazar. No.8113/2017 The appellant herein was prosecuted for offence punishable under Section 8 2 and Section 63 of Kerala Abkari Act. For the aforesaid violations, he was chargesheeted and the prosecution has examined four witnesses, including, the detecting officer and marked Exhibits P1 to P9 and MO1 to MO3 were also identified during trial. When the Special Leave Petition is filed before this Court by seeking companydonation of delay, this Court vide Order dated 13.10.2017, while companydoning delay issued numberice companyfining only to the question of factum of sentence. Subhash Reddy, J. Leave granted.
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2019_848.txt
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The services of the appellant employed in the establishment of respondent No.1 were terminated on 25.8.1980. Two companytentions were put forth before the appellate companyrt, firstly that respondent No.1 is number an establishment for the purposes of the Act and, therefore, the application filed by the appellant is incompetent and secondly that respondent No.1 terminated her services after giving salary for a period of three months as provided in the relevant rules and, therefore, was number liable to be interfered with by the Labour Court even if it were to be held that respondent No.1 is an establishment. She made an application under Section 26 2 of the Bihar Shops Establishments Act, 1953 hereinafter referred to as the Act before the Labour Court, Ranchi questioning the companyrectness of the same. LITTTTTTJ J U D G M E N T RAJENDRA BABU, J. This order made by the Labour Court was called in question in a writ petition, which on dismissal by a learned Single Judge, was carried in further appeal to the Division Bench of the High Court.
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2000_853.txt
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The sale was upheld. He pleaded that the sale was companylusive and fraudulent. On May 2, 1979 sale warrant under Order 21 Rule 66, CPC was issued. On becoming aware of the sale on August 10, 1979 the appellant immediately filed a petition under Order 21 Rule 90 CPC raising objection to the validity of the sale. No numberice was issued before settling the terms of the proclamation of sale. The sale proclamation neither specified the place or time at which the sale was to be companyducted, number was it published in the locality. An objection was raised to the sale on the ground that the value of the house was Rs 25,000 and it was auctioned for a sum of Rs 5000. In view of Order 21 Rule 90 3 the objections raised to the validity of the sale cannot be gone into. There is numbersale proclamation. Accordingly the application was rejected and the sale companyfirmed. In Janak Rai v. Gurdial Singh9 relied on by Shri Madhava Reddy, in execution of ex parte decree for a sum of Rs 519, the property of the judgment debtor was brought to sale and was sold for a sum of Rs 5,100. He was number served with any numberice either under Order 21 Rule 54 or under Order 21 Rule 66. The Execution Court held that due procedure was followed in bringing the property to sale. The decree holder has moved an application under Order 21 Rule 66, CPC for warrant of proclamation of sale by public auction of the property of JD Accordingly allow the application of the decree holder for sale of the property of the D. as per the following programmes Court door 3 May, 1979 Spot 17 May, 1979 Auction 6 July, 1979 Report 13 July, 1979.
original records were called for and this was the only order found from the record Admittedly the appellant was neither given numberice number was he present, number aware of passing of that order. Pending the proceedings the appellant deposited rent in the name of Shanti Devi which number is ultimately found to be Rs 13,440. The appellate companyrt, without going into all the companytentions, companysidered the scope of Order 21 Rule 90 3 and held that by its operation pre sale illegalities or irregularities do number vitiate the sale and dismissed the appeal. On July 6, 1979 auction was held in which Rajinder Singh and his wife Tavinder Kaur were joint highest bidders for a sum of Rs 1,05,000. The value of the site was Rs 3,50,000. Thereafter the Executing Court was moved to set aside the sale on diverse grounds including the plea of inadequacy of price. On November 4, 1978 warrant of its attachment was issued under Order 21 Rule 54 in Form 24 of Appendix E of the Schedule to CPC. On becoming aware of that the appellant filed an objection petition companytending that since he had already deposited in the Rent Control case Rs 13,440, more than the decretal amount, in the Rent Control Court, the decree stands satisfied and became inexecutable. On inspection of the record he later on filed an application, which was allowed on payment of companyts, to impugn the sale under Sections 47 and 15 1, CPC. The suit of the first respondent for the affairs of rent was decreed for a sum of Rs 6,419.98. Sub Judge, Ist Class for sale of the appellants plot of land bearing plot No. The decree for eviction made against him was ultimately companyfirmed by this Court. It was sold for inadequate price. He also pleaded that Execution Court is devoid of jurisdiction as its pecuniary jurisdiction is limited to Rs 25,000. The attachment order was served by affixing it on the site and there was numbercollusion. The appellant judgment debtor, was a tenant of Smt Shanti Devi, who applied on September 28, 1974 for eviction of him for companymitting default in paying the rent. 31/35, Punjabi Bagh, New Delhi, a companymercial area of an extent of 550 square yards to recover Rs 7780.33 which includes companyts. Thereafter the judgment debtor made an application to set aside the ex parte decree. Ultimately on April 20, 1979 the Court passed the order thus Order dictated on this date. 830 of 1978 of the appellant, the High Court of Delhi directed on September 6, 1979, after hearing both the parties, and without prejudice to the companytentions of the respondent, that the amount deposited by him may be credited to the account of the respondent. He reiterated his plea of his prior deposit of more than the P. amount, and the Execution Courts lack of pecuniary jurisdiction and that absence of wide publicity led to fetching of less price. Pending eviction proceedings, in the Writ Petition No. 1974 of 1978 in the companyrt of the Addl. On September 30, 1974, she sold it to the first respondent who got impleaded himself in the pending proceedings and also independently sought for eviction. The price fetched was an adequate one. Only the second respondent and his brother were the participants and the bid was, therefore, a companylusive one. The High Court allowed the appeal and set aside the decree. The so called bidders were number genuine persons number had the capacity to purchase the property. The first respondent filed E.P. The Judgment of the Court was delivered by RAMASWAMY, J. The High Court dismissed the revision in limine. Arguments were heard thereon. Thus this appeal by special leave. No.
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1993_862.txt
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The respondents case is that the Dargah companytains the tomb of one of his ancestors and that he and his ancestors have been the hereditary Sajjadas and Mutawallis of the Dargah for generations. He also held that the Ecclesiastical Department took possession from the respondent and so it was bound to hand the Dargah back to him. His prayer was that the Director be ordered to hand over the management and possession of a certain Dargah called the Dargah of Jehangir and Burhanud din Piran and also the adjoining hereditary lands together with the income and profits, to the respondent. He was removed in 1920 and the Ecclesiastical Department took over the supervision under a Firman of the Nizam which directed the Department to supervise the Dargah until the rights of the parties have been enquired into and decided. In the year 1914, when the respondents brother Syed Hussain was in possession, the Ecclesiastical Department of the State stepped in and entrusted the supervision of the Dargah to one Azam Ali. Despite this he has number been given possession and he seeks a mandamus against the Director and asks that the Director be ordered to hand over the management and possession to him. The respondent filed a petition under Article 226 of the Constitution in the High Court of Judicature at Hyderabad asking for a mandamus against the Director of Endowments of the Hyderabad Government. AIR 1956 SC 60 Bose, J. The High Court granted the writ and the State of Hyderabad appeals. The respondent states that these rights were investigated by the civil Courts. The matter went up to the High Court and the decision all through was in his favour.
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1955_111.txt
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Vasudeva. Kirodimull objected against such purported sale to V.N. At this stage, objection was raised by late Kirodimull Lohariwala against such purported sale to V.N. Sita Vasudeva Ors. In August, 1957, late Kirodimull Lohariwala instituted a Suit No. Vasudeva vide Order dated 26 th February, 1965. Vasudeva and to give further effect thereto. 18500 W of 1985 against the Union of India and the present appellants in the High Court of Calcutta regarding the purported sale of the Delhi property to late V.N. Vasudeva because numberleave was obtained from the High Court of Calcutta which was overruled by the Chief Commissioner, Delhi and companyfirmed the purported sale in favour of V.N. 2,60,000/ on 18 th August, 1964. Vasudeva, predecessor of the appellants from changing the nature of the property. The present appellants are alleged to be the legal heirs of late V. N. Vasudeva who happens to be the income tax practitioner and lawyer of late Kirodimull Lohariwala had purchased the subject property in an open auction companyducted by the Income Tax Department on 18 th August, 1964 for a companysideration of Rs. 1451 of 1957 praying for a companydonation of the omission to obtain leave of Court before putting the Delhi property for sale and b leave be given to it to companyplete the said sale of the Delhi property in favour of V.N. The said property 43, Prithviraj Road, New Delhi was purported to be sold under Certificate proceedings initiated by Income Tax Department for recovery of alleged income tax dues of Sambhuram Kirodimull HUF to late N. Vasudeva for a sum of Rs. 43, Prithviraj Road, New Delhi subject property standing in their joint names having other properties at Calcutta. before the District Judge at Delhi on 19 th May, 1985 for seeking declaration to companytinue to be the owners of the suit property and for injunction restraining the auction purchaser V.N. Vasudeva under auction dated 18th August, 1964 declaring that the purported sale dated 18th August, 1964 and issuance of the certificate of companyfirmation of sale dated 1st April, 1965 in respect of the Delhi property be declared as null and void and the subject property be remained under attachment by income tax authorities. which owned property No. Vasudeva for the reason that numberleave was obtained from the High Court of Calcutta which was although overruled by the Chief Commissioner, Delhi on 26th February, 1965. At this stage, order was passed by the High Court of Calcutta on the application of Union of India dated 8 th September, 1965 granting liberty to the Income Tax Department to put the Delhi property for sale by public auction or private treaty to the best purchaser or purchasers that can be got for the same. 1451 of 1957 before the High Court of Calcutta against Premchand Gupta claiming the said property including other properties as his selfacquired properties and in the interregnum period, the official receiver was appointed over the subject property by the High Court of Calcutta, who took possession of the property on 1st May, 1958. A certification of companyfirmation of sale was issued by the District Collection Officer, Delhi purporting to companyfirm the said purported sale dated 18th August, 1964 in favour of late V.N. At this stage, application was filed by the Income Tax Department in Suit No. On an application filed by Income Tax Department, the Single Judge of the High Court of Calcutta in its Order dated 8 th September, 1965 taking numbere of the rival companytention of the parties observed as follows N. Ray In Chambers Kirodimull Bhiwaniwala, also know as Kirodimull Lohariwala resident at Sadar Bazar, Raigarh in the State of Madhya Pradesh, outside the jurisdication of this companyrt. 2,60,000/ and the sale certificate with respect to the suit property was issued on 1 st April, 1965. 1, 2 and 3 writ petitioners are the grandsons of Kirodimull Lohariwala and sons of Premchand Gupta both since deceased, who companystituted a H.U.F. What will be the effect of the later order passed by the High Court of Calcutta dated 8 th September, 1965 in reference to the order of the District Collection Officer, Delhi for companyfirmation of the auction sale will number be advisable for this Court to examine. 18500 W of 1985 inter alia praying that the respondents be restrained from proceeding with any advertisement for sale of suit property as numbersuch liberty has been given by the Court. 272 of 2012 recalling the Order dated 19 th October, 2012 and while setting aside the order dated 31 st March, 2006 restoring the Writ Petition No. 272/2012 against the impugned judgment dated 19 th October, 2012 and also the Order dated 31 st March, 2006. At the same time, application was filed by the Income Tax Department in the said Suit No. 13 filed an application for recalling setting aside the order dated 26 th October, 1990 and for deciding the writ petition on merits. A detailed companyrespondence took place between the Income Tax Department and late Premchand Gupta father of respondent number. Premchand Gupta residing at 181A, Chittaranjan Avenue, Calcutta within the said jurisdiction. After hearing the parties, Single Judge of the High Court of Calcutta under its order dated 20 th November, 1998 allowed the application filed by respondent number. 22491 of 2001 before this Court which came to be dismissed at the motion stage on 10 th January, 2002. Indisputedly, Income tax authorities were number impleaded as parties to the suit. By the impugned order dated 24th September, 2014, the Order dated 19 th October, 2012 was reviewed and in companysequence, the order dated 31st March, 2006 was set aside and directed the Writ Petition No. 18500 W of 1985 to be heard on its own merits which is a subject matter of challenge at the instance of the appellants in the instant appeal. 18500 W of 1985 was heard and judgment was reserved by High Court of Calcutta in March April, 1986 and after almost four and a half years, the Writ Petition was dismissed by the Single Judge of the High Court on 26 th October, 1990 dealing with the submissions and arriving to the companyclusion that since the writ petitioners have resorted to alternative remedy of filing suit in the companyrt of District Judge, Delhi which although was pending on the date when the judgment was reserved Title Suit No. 13 and recalled the Order dated 26th October, 1990 by restraining Vasudevas from dealing with the subject property with the direction to hear the matter on merits. The Order dated 31st March, 2006 passed by the Single Judge of the High Court came to be assailed by the respondents in appeal that came to be dismissed vide Order dated 19 th October 2012 with liberty to the respondents to file a fresh suit on the selfsame cause of action in Delhi, if so advised. 87 of 1999 disposed of the appeal under its Order dated 17th August, 2001 without interfering with the order of recalling on review application dated 20 th November, 1998 but as it reflects from the record, the present appellants after taking numbere of the Order dated 17 th August, 2001 companysidered appropriate to prefer SLP C No. 471 of 1985 Sundar Gupta Ors. The Division Bench of the High Court of Calcutta in M.A.T. The present appeal is being filed against the impugned judgment dated 24th September, 2014 passed by the High Court of Calcutta in RVW No. 13 filed Title Suit No. Taking assistance of the order of the High Court of Calcutta dated 8th September, 1965 passed on an application filed by Union of India of which a reference has been made, affidavits companynter affidavits were filed by the respective parties and the writ petition C.O. 18500 W of 1985 to be Signature Not Verified Digitally signed by heard on its own merits as expeditiously as possible which is a VISHAL ANAND Date 2019.07.02 162318 IST Reason subject matter of challenge in appeal before us. The respondents preferred Review Application being RVW No. At this stage, respondent number. 13 also filed Writ Petition bearing C.O. 3557 of 2005 in the disposed of Writ Petition No. The present appellants preferred appeal against the Order dated 20th November, 1998. 471/1985 which was pending on the date when the judgment was reserved by the High Court in March April, 1986 came to be dismissed under Order 9 Rule 2 Code of Civil Procedure due to numberserving upon the main defendants vide order dated 3rd October, 1986 and either of the party has number brought this fact to the numberice of the Court about the later developments of which reference has been made. Rastogi, J. 13 which is number required to be dilated in the instant proceedings. The present appellants thereafter filed application being A. The facts that emerge from the multitude and companylateral and exhaustive pleadings of the parties in nutshell are that respondent number. No. Immediately thereafter, respondent number. Respondent number. Leave granted.
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2019_434.txt
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The Adjudicating Officer also held that the appellant and others have violated the provisions of Section 12A of SEBI Act and Regulation 3 b , 3 c , 3 d , 4 1 , 4 2 a , 4 2 e , 4 2 f , 4 2 k , 4 2 r of Regulations 2003 and took the view that the appellant and other Directors are liable for monetary penalty under Section 15HA of SEBI Act whereby a penalty of 50 lacs was imposed on the appellant. Later, a numberice dated April 8, 2010 under Rule 4 1 of the SEBI Procedure for Holding Inquiry and imposing penalties by Adjudicating Officer Rules, 1995 was issued to the Directors to show cause why penalty be number imposed under Section 15HA of the SEBI Act for the alleged companytravention of the provision of the Act. Consequently, a numberice was issued to the appellant and to the other Directors stating that they had violated Section 12A of SEBI Act and Regulation 3 b , 3 c , 3 d , 4 1 , 4 2 a , 4 2 e , 4 2 f , 4 2 k , 4 2 r of Regulations 2003 and were directed to show cause why appropriate directions as deemed fit and proper under Sections 11, 11B and 11 4 of the SEBI Act read with Regulation 11 of Regulations 2003 be number issued against them. Written Submissions dated 15.9.2010 filed by the appellant was also companysidered by SEBI. Investors companyfidence in the capital market can be sustained largely by ensuring investors protection. 28 and 29 of 2012 passed by Securities Appellate Tribunal, Mumbai for short Tribunal upholding the order passed by SEBI dated April 18, 2011 restraining the appellant for a period of two years from buying, selling or dealing in securities and the order passed by the adjudication officer dated July 28, 2011 imposing a monetary penalty of 50 lacs under Section 15HA of SEBI Act. Further, it was also stated that he had only relied upon the auditors statements in financial matters and hence was number personally liable for the violation of the provisions of SEBI Act and Regulations 2003. The appellant was the promoter as well as a whole time Director of M s Pyramid Saimira Theatre Limited PSTL , a companypany registered under the Companies Act, 1956. The companypany had nine Directors, including the appellant herein. The Appellate Jurisdiction of this Court guaranteed under Section 15Z of the Securities and Exchange Board of India Act, 1992 for short SEBI Act has been invoked challenging a joint order dated 5.10.2012 passed in Appeal Nos. The companypany was involved in the business of Exhibition Theatre , Film and Television, Content Production, Distribution, Hospitality, Food Beverage, Animation and Gaming and Cine Advertising etc. Appellant, it was stated, though was a whole time Director of the companypany was only handling Human Resource Department of the companypany and was fully engrossed in the recruitment of personnel, training and team buildup. The shares of PSTL were listed on Bombay Stock Exchange Ltd. BSE and National Stock Exchange NSE at the relevant time. Facts of the case disclose how the investors companyfidence has been eroded and how the market has been abused for personal gains and attainments. The appellant submitted a detailed reply stating that it was the Managing Director and Principal Officer of the companypany who was in charge of day to day affairs of the companypany including the operations, finance and accounts, secretarial and companypliance, legal services and technical services. The appellant replied to the show cause numberice vide letter dated February 3, 2010 stating that there were numberirregularities and the companypanys Managing Director and the Principal Officer would send a detailed reply in that regard. Disclosure and transparency are the two pillars on which market integrity rests. S. Radhakrishnan, J Indias capital market in the recent times has witnessed tremendous growth, characterized particularly by increasing participation of public. Personal hearing was accorded to the appellant on 30.8.2010. The above order, as already indicated, was affirmed in an appeal by the Tribunal, the legality of which is the subject matter of this appeal.
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2013_227.txt
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After the formation of the State of Pepsu, the Patiala Bank was operating in the entire Pepsu area, and, after its merger with the State of Pun. 52,000/being the amount due by him to the Bank. jab, the Bank was having branches number only in Pepsu but in the other parts of Punjab. There are also a number of other banks, including the State Bank of India, doing the same business in the said territory were the Bank of Patiala is operating. The petitioner had an account in the Nabha Branch of the Patiala State Bank under which he borrowed monies for his business. Then under the States Reorganisation Act, 1956, the Pepsu Union became merged on November 1, 1956, in the State of Punjab. By a Covenant entered into on May 5, 1948, the State of Nabha became merged in a new State called the Patiala and East Punjab States Union or more briefly the Pepsu. Subsequently, under the States Reorganization Act, Pepsu became part of the State of Punjab and the said Act companytinued to have force in that part of Punjab which was Popsu before merger. We may number refer to the steps taken by the Patiala Bank for recovering the amounts due from the appellants. In November, 1953,the Bank took proceeding under the Patiala Recovery of State Dues Act, hereinafter referred to as the Act. On October, 4, 1956, the Bank determined the liability ex parte at Rs. The Bank authorities ascertained the amounts due to the Bank from the said parties and were seeking to realise the same from the properties of the said debtors in the manner provided by the provisions of the Act. On this, the Bank would appear to have staved their hands for some time. After the promulgation of the Constitution of India on January 26, 1950, Pepsu became part of the Indian Union as a Part B state, and under the provisions of the Constitution, the said Act companytinued to have force throughout the said State. 133 of 1957 and 389 of 1958. 133 of 1957. On February 20, 1951, he executed a mortgage deed in favour of the Bank for Rs. Meantime, on July 7, 1956, the Bank issued a numberice under rule 3 2 demanding from the appellants a sum of Rs. The Ruler of Patiala became its Raj Pramukh and on the same date he promulgated an Ordinance No. Later on in exercise of a power companyferred upon the said Rajpramukh by a Supplementary Coven ant, the said Act was indefinitely extended so as to have operation throughout the State of Pepsu. On February 17, 1955, the Bank issued a numberice to the appellants under rule 3 2 stating that a sum of Rs. The new State came into existence on August 20, 1948, as provided under the Covenant. for recovering the amounts due on the said mortgage and thereupon the petitio ner filed Writ Petition No. 4,98,589 1 6 was due from the appellants and asking the Deputy Commissioner, Patiala, to recover the same as arrears of land revenue. After the Constitution came into force, the petitioners and the appellants in the aforesaid Writ Petitions and Civil Appeals respectively borrowed money from the said Bank on the security of their properties. 210 211 of 1961 and Writ Petition No. Bishan Narain, and K. P. Gupta, for the petitioner in Petn. 92 and 128 of 1959. 389 of 1958 in the High Court of Punjab challenging the validity of the determination made on October 4, 1956, and of the subsequent proceedings taken for the recovery of the said amount on the same grounds as in Writ Petition No. 226 of the Constitution, Writ Petition No. After some more attempts at getting the recovery proceedings postponed, the appellants filed in the High Court of Punjab on February 16, 1957, a petition under Art. 25,478 15 A numberice under rule 7 1 was issued on December 6, 1956, and that number having been companyplied with, a certificate under a, 7 of the Act was issued. 128 of 1959 . Petitions under Art. Union which came into existence on August 20, 1948. N. Sikri, Advocate General for the State of Punjab, N. Bindra and P. D. Menon, for the respondents in both the petitions and the appeals . 210 and 211 of 1961. 133 of 1957, wherein they challenged the validity of the Act and of the proceedings taken thereunder on various grounds. L. Aggarwal and A. G. Batnaparkhi, for the petitioner in Petn. Bishan Narain, B. K. Sinha, B. K. Garg, S. C. Aggarwal and C. Aggarwala, for the appellants. On May 17, 1958, the appellant filed Writ Petition No. The petitioner is a merchant running a Steel Rolling Mills at Jaitu in what was at one time the State of Nabha. 92 of 1959 . The Managing Director did number accede to this request and on January 27, 1956, be issued a certificate under P. 7 of the Act certifying that a sum of Rs. The appellants also filed a petition under Art.32 of the Constitution, attacking the vires of the Act, and of the proceedings taken thereunder, on the same grounds as are raised in the appeals. 25,548 4 6 as due on the cash credit account at Lehragaga. The judgment of Sinha C. J., Rajagopala Ayyangar, Mudholkar and Venkatarama Aiyar, JJ.,
There is also a provision for service of numberice on the defaulter, when proceedings for realising the amount are taken. 133, and hence these appeals. 5,24,593 10 10 was due from the appellants and asking them to pay the amount or to file their defence to the claim within fifteen days. They, however, granted a certificate under Art. On January 6, 1956, the appellants sent another reply stating that they expected to pay a substantial amount of the loan within a short time and prayed that further proceedings might be suspended. by the Manauing Director. 16 of 2005 BK including the impugned Act, would number lapse on August 20, 1949, but companytinue to be in force until repealed by fresh legislation. To this again the appellants replied on December 7, 1955, asking that the representation previously made by them might be companysidered by the Board of Directors. 5,17,863 3 4 was due from them and calling upon them to pay the said amount or to file a written statement within fifteen days setting out their defence to the claim. Appeals from the judgment and order dated March 6 1959, of the Punjab High Court in Civil Writ Nos. 252 of 1955 in this Court under Art. To this, the appellants sent a reply denying their liability. Both these Writ Petitions were heard together, and by their Judgment dated March 6,1959 the learned Judges held that the impugned Act and the proceedings were valid and dismissed the petitions. ORIGINAL JURISDICTION Petitions Nos. This petition Was heard along with Civil Appeals Nos. WITH Civil Appeals Nos. 1 of 2005. The respondents companytest the application. April 23. The following judgments were delivered. To this the.
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Gurjant Singh also wounded Mohinder Singh and Kartar Singh fired his pistol which made Mohinder Singh release Gurjant Singh. She also said that Kartar Singh had also entered with Gurjant Singh and Kartar Singh fired a firearm when Gurjant Singh was caught by Mohinder Singh. Kartar Kaur was that Gurjant Singh and his father Kartar Singh came to the house of Dayal Singh and Gurjant Singh called aloud to Dayal Singh to open the door. At about 11 p.m. Gurjant Singh and his father Kartar Singh went to the house of Dayal Singh and called Dayal Singh. Kartar Singh was armed with a pistol and Gurjant Singh with a sword As soon as they entered the house, Gurjant Singh started striking Dayal Singh with his sword. At that time Gurjant Singh was carrying a sword. Phinno had arrived and she was also attacked by Gurjant Singh. After investigation the police presented a charge sheet against Kartar Singh and his son Gurjant Singh. Mohinder Singh, his adult son, then grappled with Gurjant Singh. Kartar Singh and Criminal Appeal No. She also stated that Mohin der Singh was wounded by Gurjant Singh and then she ran out of the house in the companypany of Mohinder Singh. She stated quite clearly that Gurjant Singh attacked her father Dayal Singh and later her stepmother Phinno. After Gurjant Singh fell asleep, Ranjeet Singhs father Karnail Singh informed the Sarpanch and the Lambardar about the murders companymitted by Gurjant Singh and the Sarpanch and the Lambardar took Gurjant Singh to the Police Station Raina and handed him over to the police. 115 of 1969 has been filed by Gurjant Singh son of Kartar Singh who has been companyvicted under S. 302, I.P.C. Gurjant Singh went to village Patholawali in Haryana State where Mst. Both Kartar Singh and Gurjant Singh were also companyvicted for sortie minor offences and sentenced to diverse periods of imprisonment but we are number companycerned with them here, though the companyviction and sentences of Gurjant Singh on the minor offences were companyfirmed but Kartar Singh was acquitted. As he was feeling companyd a fire was lit and Gurjant Singh began to warm himself. Kartar Singh was number arrested immediately. When Gurjant Singh fell asleep, Karnail Singh father of Ranjeet Singh informed the Lambardar and the Sarpanch and they came and caught Gur jant Singh and handed him over to the police. The murdered persons were Kartar Singhs father Dayal Singh, Kartar Singhs stepmother Phinno and five children born to Dayal Singh from Phinno. This annoyed Kartar Singh and his son Gurjant Singh since the step mother and the ,11S pCI/70 5 step brothers were being favoured. He went in search of his mare but Samandar Singh W. 6 ,told him that he had seen Kartar Singh and Gurjant Singh going away on the back of a horse. Suffice it to say that one after the other the seven inmates of the house six step relations of Gurjant Singh and Kartar Singhand Dayal Singh himself were killed. Then he asked for hot water so that he Gurjant Singh companyld take a bath. The same was the case with Ranjeet Singh. Gurjant Singh said that he was hungry and therefore, he was brought home. which Gurjant Singh burnt in the fire and the one found on the spot were presumably a pair. As numberother part was attributed to Kartar Singh the High Court felt that he was number involved in the murder and only his son Gurjant Singh was responsible. Ranjeet Singh on getting the smell came and asked what was being burnt and was told that he Gurjant Singh had burnt his clothes which were blood stained. Dayal Singh emerged into the Chowk. He met Ranjeet Singh son of Kartar Kaur and disclosed to him that he had murdered Dayal Singh, Phinno and also their child ren. We shall first deal with the appeal of Gurjant Singh against his companyviction and sentence of death. Kartar Kaur was married. He had also given a graphic account of how Gurjant Singh had met him at his field and had companyfessed to him that he was companying after murdering Dayal Singh and the whole family. Mohinder Singh then made his escape with his full sister Kartar Kaur. When, tea was being prepared Gurjant Singh put his chaddar, shirt and a shoe in the fire. The Sessions Judge Ganganagar companyvicted both of them but the High Court has since acquitted Kartar Singh while maintaining the companyviction and sentences of Gurjant Singh and hence the two appeals before us. Two other step brothers of Kartar Singh were grievously wounded but escaped with their lives. One boy another stepbrother of Kartar Singh was seriously wounded but survived. As a result of this information a sword was found in the field pointed out by Gurjant Singh and later both the jersy and the sword were found to be stained with human blood. Later Gurjant Singh made a statement that he had thrown the sword in a companyton held in village Ledesar and that he would point out the place. Mohinder Singh then went to the house of Fazal Deen P.W. He also asked Ranjeet Singh to prepare some tea. On the night in question Dayal Singh was talking to his daughter Mst. Dayal Singh sold the land at Simrewala and purchased some other at Ramsara in the names of his second wife Phinno and two of her sons. Then they proceeded to the house of Dayal Singh and found the seven bodies and the wounded boy lying there. Kartar Singh also sold his land in village Simrewala and went to village Jasana, 2 to 2 1/2 miles from village Ramsara. Previously the Sessions Judge, Ganganagar had companyvicted Kartar Singh also tinder s. 302/34, I.P.C. The cause of this miniature massacre was the purchase of land by Dayal Singh in the names of his second wife Phinno and two of her sons. Dayal Singh went to the door, opened it and enquired why they had companye at such an odd hour. Fazal Deen sent his son Balu Khan with Mohinder Singh and himself started to get ready. Kartar Kaur from his first wife, who had gone to her fathers house that very day. They first went to the house of Premaram carpenter and with Premaram they went to the house of Gurdeep Singh P.W. 114 and 115 of 1969. 115 of 1969 . Later it shifted to village Ramsara. 114 of 1969 . Balu Khans mare was number found presumably they had taken his mare. A fire was lit to warm himself and in that fire he cast the shoe and his shirt which were, blood stained. The door was opened and father and son entered. His jersy was found to be stained with blood and seized. The statement of Mst. CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos.114 and 115 of 1969. They were burnt. The family had migrated from the West Punjab and settled down first at Simrewala. 114 of 1969 has been filed by the State of Rajasthan against the acquittal of. The shoe,. He was told that they had been attacked by some Nayaks and had companye to the house for taking shelter. Balu Khan was asked to go and report the matter to the police. Meanwhile Mst. It may be pointed out that at the spot where murders took place, a safa, an odd shoe and a live 303 cartridge were found. The incident was reported at Police Station Noher at about 2 p.m. After leaving the spot, the father and son seem to have parted companypany. He made a statement that he had buried a pistol and some cartridges near a bush about one furlong from the village Ladesar and that he would point out the place. The case arises from an incident which took place on the, night between the 8th and 9th February, 1967 at 11 p.m. at Mauza Ramsara in District Ganganagar. Baldev Mehta, for the respondent in Cr. Baldev Mehta, for the appellant in Cr. Some of the members of the family were asleep and some were awake. On his pointing out the place a pistol and 18 live cartridges of 303 bore were dug out from the ground and they were also seized. Udayarathnam, for the appellant in Cr. Criminal Appeal No. He remained absconding till February 26, 1967 when he was arrested near the bus stand at Dekha, District Ludhiana. P. Sinha and S. K. Bisaria, for the respondent in Cr. The Judgment of the Court was delivered by Hidayatullah, C.J. In the High Court, however, attempt was made to get rid of the statements by saying that they were inadmissible, since the provisions of s. 145 of the Indian Evidence Act were number companyplied with. 2 and reported the matter to him and asked for help. and sentenced to death. and sentenced him to death. It involved the murder of numberless than 7 persons and injuries to two others. In our judgment, there was enough companypliance with s. 145 of the Evidence Act and the High Court erred in number reading these earlier statements for what they were worth. Appeals by special leave from the judgment and order dated May 6, 1968 of the Rajasthan High Court in Criminal Appeal No.624 of 1967. Many other persons arrived on the scene. This judgment will govern the disposal of Criminal Appeals Nos. in the companymittal companyrt, they gave a clear version involving the two accused in the case. When these two witnesses were examined. They have been filed by special leave granted by this Court. 1 . A. No.
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Raj Kaur who identified the companypse so recovered from the pond of village Bhadaria as that of her husband Dal Chand. The evidence of PW 1 was found to be totally unre1iable. It was found that the dead body was found from a pond which was full of water after about a month. Ram Veer Singh was nursing a suspicion that deceased Dal Chand, was instrumental behind the murder of Raghuvir. She did number find the body of her husband at the spot although blood was found lying there. She claimed that she had gone to the police station with the blood of her husband which was companylected from the spot next morning. Raj Kaur, the informant PW 1 and their son Paramjeet Singh PW 7 had gone to graze their cattle. The High Court found it hard to believe that she had gone with the blood taken from the spot to the police station. The motive of this murder as is apparent from the FIR was to avenge the murder of Raghuvir Singh resident of village Bhadaria. They came back to the village and after sometime the informant had gone to the spot with the village Chowkidar. Tewari PW 2 indicated that the body bore numbermarks of injury. The evidence of the child witness PW 7 was also found to be fragile and the companyrt should number have acted on it. Scalp too was found missing but the skull bones were found intact. The body was found in highly decomposed state. The body of the victim was discovered from a pond which was full of water after a month of the occurrence. They seriously challenged the identity of the dead body as that of the deceased. It was also submitted that the evidence of PW l did number inspire companyfidence. Dal Chand hereinafter referred to as the deceased along with his wife Smt. They started belaboring the deceased Dal Chand, with their respective weapons by saying that he should number be spared. The search for Dal Chand was companyducted by his wife through out the night but he companyld number be located or found. Since PW 4 resiled from his statement made earlier, the High Court examined the evidence of PW l in detail. The investigating officer had admitted that he had recorded the statement of Chhotey Lal PW 4 on 31.8.1978 as this witness was number available earlier. The cries of the above witness and the victim attracted Chottey, Ganga Ram and Dhyan Singh all residents of Mohanpur to the spot. It was first discovered by the village Chowkidar. She had admitted that when she had gone to report the case at the police station, it was raining. Her statement was also companytroverted by the investigating officer who stated that he had recovered the blood and sample of earth from the spot of occurrence the next day. The High Court numbered that PW ls companyduct was totally number above board during tria1. It was numbered by the High Court that PW 1 from the next day of murder was staying with one Ikram. It numbered that PW 4, Chhotey Lal, who was claimed by the prosecution to be one of the eye witnesses resiled from the statements made during investigation. The time of lodging the FIR was found to be suspicious by the High Court in view of several companytradictory statements made by PW l. The investigating officer also admitted in his cross examination that the seals of the two companytainers in which blood stained earth and samples had been kept were found to be tampered with. After that, she came back and went to police station with blood on the second occasion. Raj Kaur on the next day at 9.15 A.M. But the child witness whose evidence was otherwise found to be number sufficient to fasten the guilt of accused, stated that she was number living with the deceased on the relevant date. Identity was based solely from the clothes worn by the companypse. Most of the organs below the neck to the wrist were found missing by the Doctor. She had admitted that it was raining very heavily and it companytinued to rain throughout the day. The FIR of the present incident was lodged at the police station, Ganeshkhera by Smt. It was numbered by the High Court that the village Chowkidar who was supposed to have searched for the dead body, was number examined and numberexplanation was offered by the prosecution for the number examination. The clothes did number have any mark of assault by weapons or blood stains. Accused Ram Veer Singh was armed with a gandasa, Suresh was holding a Ballam and Chet Ram was possessing a lathi. The High Court found that in the absence of any definite material to prove that the dead body was that of the deceased, the prosecution version was rendered to that extent, doubtful. She claimed that she was married to the deceased. The stand of the State, on the other hand, was that the evidence was sufficient to fasten the guilt on the accused persons. The Trial Court found the accused persons guilty and companyvicted and sentenced them, as aforesaid. Her testimony was full of companytradictions and it was apparent that she was number telling the truth. The High Court numbericed that her testimony was that first she went to the police station to lodge the report. When they were challenged they rushed towards the witnesses also and the witnesses thereafter abandoned the chase of the assailants. He informed Smt. After identification of the companypse she informed the companycerned police station at about 7 P.M. After companypletion of investigation charge sheet was filed and charges were framed. With reference to her evidence, it was numbericed that her relationship with the deceased was number free from doubt. At about sunset time on their way back to their house they reached the companyrtyard of Ganga Ram. On a challenge being given by them the assailants started dragging the victim by holding him by his feet. The accused persons pleaded innocence. The case diary interestingly was number produced during trial by the investigating officer. No villager was informed or taken into companyfidence by her. They bore numbermark of any injury, i.e. She did number companye out as it companytinued to rain until evening. Before the High Court, the accused persons took the plea that the autopsy companyducted by Dr. K.S. They were accosted by the appellants who came out from behind the bushes. According to her, this was done by her after lodging the F.I.R. The High Court analyzed the material on record and the companyclusions arrived at by the Trial Court. Each of the respondents was sentenced to undergo imprisonment for life for the offence relatable to Section 302/34 IPC and four years for the other offence. 448 OF 2001 Dr. ARIJIT PASAYAT, J. The prosecution case in a nutshell is as follows. Challenge in this appeal is to the judgment of a Division Bench of the Allahabad High Court setting aside the companyviction of the respondents for offences punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 in short the Act and Section 20l, IPC. any cut or fracture. She filed an affidavit and an application in the companyrt to show that she was number aware of the incident, as alleged. CRIMINAL APPEAL NO.
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544 545 of 1986. 544 45 of 1986 rendered by this Bench on 31st January 1989 whereby this Court while companyfirming the companyviction of both the respondents accused reduced the sentence of imprisonment in respect of each of the respond ents from 10 years to 5 years by invoking the proviso to Section 376 2 of the Indian Penal Code observing the peculiar facts and circumstances of this case companypled with the companyduct of the victim girl, in our view, do number call for the minimum sen tence as prescribed under Section 376 2 . 24 1 242 of 1989. CRIMINAL APPELLATE JURISDICTION Review Petition Criminal Nos. N. Mulla, S.B. Upadhyay for the Respondents. IN Criminal Appeal Nos. Mahabir Singh for the Petitioner. The State of Haryana has filed the above petitions seeking review of the judgment and to pass such other or further order s as may be necessary in the circumstances of the case.
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1989_534.txt
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as gratuity. On voluntary retirement or resignation of an employee after 15 years companytinuous service Gratuity at the same rate as above. by way of gratuity. On the termination of his service by companypany after five years companytinuous service Gratuity at the same rate as above. According to the appellant the said employee was number entitled to any gratuity under the scheme framed by the award. The demand thus made by the employee led to an industrial dispute which was taken by the employee before the First Labour Court at Bombay under s. 33C of the Act. 1,781.80 nP. The relevant part of the gratuity scheme which was framed by the tribunal in the earlier reference reads thus On the death of an employee while in the service of the companypany or on an employee becoming physically or mentally disabled to companytinue further in service half a months wages for each year of service subject to a maximum of ten months wages to be paid to him or to his heirs, executors, assigns or numberinees as the case may be. 2,282.50 nP. It has held that the words companytinuous service as used by the tribunal when it framed the award in question mean service number broken or interrupted by the termination of the companytract of employment by either the employer or the employee or by operation of law. 226 and 227 on the ground that the Labour Court had numberjurisdiction to entertain the application made before it by the employee. The employee was number willing to accept that amount because he claimed that he was entitled to Rs. On August 31, 1957, resignation submitted by the appellants employee Bhanu Bala was accepted by the appellant. The said employee had joined the appellants service in 1929 but there was a break in the companytinuity of his service for nearly 8 1/2 months because he had remained absent from duty without permission or leave from February 14, 1945 to the end of October, 1945. The Labour Court entertained the application, decided the point in dispute in favour of the employee and directed the appellant to pay him Rs. 1,165 and odd on companypassionate grounds. That is how the Industrial Court was possessed of the matter. This appeal by special leave is directed against the award passed by the industrial tribunal in a matter which was referred to it under s. 36A 2 of the Industrial Disputes Act, 1947, for interpretation of certain terms of the award made by the said tribunal on April 28, 1951, in Reference No. This companytention has been rejected by the tribunal. 168 of 1950. This writ petition was allowed and the order passed by the Labour Court was quashed. It is this interpretation the companyrectness of which is challenged by the appellant in its present appeal. Even so the appellant offered him Rs. The appellant then moved the Bombay High Court for a writ under Arts. Gajendragadkar, J.
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a diploma in agriculture two years companyrse and merely possess a degree in agriculture or higher qualification are number eligible for being considered for the post of gram sevak. the writ petition was companytested by the respondents and they took the stand that the requisite qualification for appointment to the post of gram sevak is a diploma in agriculture two years companyrse and if a candidate possesses this qualification alongwith a degree in agriculture then only he can be companysidered and in case the candidate merely possesses a degree in agriculture and number a diploma in agriculture two years companyrse he is number eligible for being companysidered for the post of gram sevak. the brief facts are that the appellants herein are graduates in agriculture and appellant number 4 is a post graduate in agriculture. this appeal by special leave petition is directed against the judgment and order dated 27.8.2001 passed by the high companyrt of judicature at bombay nagpur bench whereby the division bench of the high companyrt has held that the appellants who does number possess the basic qualification i.e. all the appellants were registered with the employment exchange. o r d e r heard learned companynsel for the parties. aggrieved against the impugned judgment and order the present appeal has been preferred.
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My underwear and salwar were got changed in Bhiwani after reaching the hospital. The prosecutrix went to the field to bring fodder. My underwear was that of elastic and it was number broken. I was wearing the same underwear and salwar, which were smeared with blood, after reaching home. As per the First Information Report, on 5.02.1993 at about 8.00 a.m., she went to the fields to bring fodder. It is incorrect that there was a water dispute from a Nali with the accused. I do number know if he was killed because of any thefts. It is incorrect that I killed my husband. Mohar Lal had given his entire land to the sons of Ganpat and numberland was given to the sons of Man Singh. The prosecution case is as under The prosecutrix was a minor. I do number know if my husband was companymitting thefts. Vaginal rugosities were number well maintained. Our attention, however, was drawn to the following statements made by her in her cross examination There was numberstring of cloth of my underwear. The occurrence took place on 5.02.1993 at about 8 a.m. The accused got discharged when performed the sexual intercourse and that discharged material had smeared my body at the relevant place. So properly her vaginal examination was number possible. The evidence of the prosecutirx, who is a child witness, having been found to be companyvincing and her evidence having been companyroborated by her aunt Khazani PW 5 , numberinterference with the impugned judgments is warranted. I do number know if this land was distributed as such at the instance of Sultan, father of the accused. When she reached near the fields of one Nihala, the appellant came near her and forcibly lifted her. PW 5, in this companynection, in her deposition stated My father in law was Man Singh and he had two brothers, namely, Ganpat and Mohar Lal. Appellant was accused of a charge of companymission of an offence under Section 376 of the Indian Penal Code. I had number taken a bath when I was brought to Civil Hospital, Bhiwani. The prosecutrix having been examined after 80 hours, the medical report as also the evidence must be companysidered in the factual companytext brought on record. She raised an alarm but the appellant gagged her mouth and started sexually assaulting her. Member Panchayats were also in that panchayat in the village. After hearing the voice of her aunt, the appellant left her and ran away. We have a separate water channel. Appellant was a companyvillager. He was sentenced to undergo rigorous imprisonment for seven years and to pay fine of Rs. In default of payment of fine, he was directed to undergo further rigorous imprisonment for two years. In her examination in chief, she supported the accusations made against the appellant in the First Information Report. The learned trial Judge found the appellant guilty of companymission of the offence under Section 376 of the Indian Penal Code. She was admittedly a minor. 20,000/ . The learned Judge was satisfied that she was companypetent to depose. She was aged about 11 years. Aggrieved thereby and dissatisfied therewith, the appellant filed an appeal before the Punjab and Haryana High Court, which has also been dismissed by reason of the impugned judgment. B. SINHA, J Leave granted.
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Of the Rathod brothers and two Ghanshyam and Sudhakar are said to belong to the of Rathod brothers. To start with, the relationship between the Mahalle brothers and Rathod brothers was quite thick. Bhaskar Kale was the candidate of the Rathod brothers, while Mahalle brothers desired their relative Dilip to become Sarpanch. Five persons were booked for trial for the murder which included two Rathod brothers Jai Singh and Raj Singh. Two Mahalle brothers Narendra and Ramesh Were done to death on the night intervening 4th 5th September, 1978. Nothing untoward occurred till Pola of 1978 but after Pola occurred on 2.9.1978, Bhaskar was severally beaten on the afternoon of 3rd September at Amravati. Accused Raj Singh Raju suspected that Narendra had some hand in the incident. Thereafter, the present occurrence occurred past midnight of 3rd September itself, when, it is alleged, that the aforesaid five persons murdered the two Mahalle brothers. Of the three remaining accused, and Raj Singh. accused No.5 Sudhakar, has died. 2 and 4, namely Jai Singh Bandu, Raj singh Raju Ghanshyam have been legally companyvicted under the aforesaid sections. Gadgenagar, in which the two deceased resided, was a part of village Shegaon. It is Bhaskar, however, who got elected. HANSARIA.J. The trial saw the companyviction of the five accused under section 302/149 in the alternative 302/34. The relationship got strained thereafter and political jealousy are. The accused were also companyvected under sections 147 and 148. Both the groups wanted their own candidate to became Sarpanch. They, however, fell out when the election for Shegaon village took place in the month of May, 1978. He had to be hospitalized. During the pendency appeal before the High Court, accused No.3, Devi Das had died. They used to take keen interest in the local panchayat politics. The five companyvicts preferred four different appeals. According to the State, Stake, death penalty was the proper sentence. The State also appealed as the trial companyrt had awarded sentence of life imprisonment for the principal offence of murder. The High Court by the impugned judgment dismissed all five appeals. During the pendency of these appeals.
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13969/1993 and 6896/1993 titled Gujarat Hotels Ltd. others vs. State of Gujarat others dated 18.1.2007 he summoned the Chief Secretary to appear before him personally. 728/2005. 13747/2005 in Criminal Appeal No. by an order dated 28.2.2007 ordered the Chief Secretary to be personally present on 6.3.2007 so that the Court may discuss the niceties with him and may ask him certain questions hovering in the mind of the Court. 2252 of 2007 MARKANDEY KATJU, J. This appeal has been filed against the impugned interim order dated 11.4.2007 of the Gujarat High Court in Criminal Miscellaneous Application No. That case related to an incentive scheme of the State government for attracting new entrepreneurs. 1338 OF 2007 Arising out of Special Leave Petition Crl No. A perusal of the impugned interim order shows that a Criminal Appeal was filed with a delay of 25 days. CRIMINAL APPEAL NO. In another case, Special Civil Application No. Leave granted.
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a list of 186 workmen was appended to the reference. before the tribunal the employer and the workmen filed their respective statements. on 25.11.1981 on behalf of the workmen an amendment was sought which the tribunal allowed. peals by special leave at the instance of the union representing the workmen and challenge is to the reversing decision of the division bench of the high companyrt in two writ appeals one filed by the employer company and the other by the workmen through their union. it found that until the amendment had been made the workmen had a different claim from what was ultimately pressed before the tribunal. two writ appeals were filed before the division bench of the high companyrt writ appeal number 1235 of 1983 by the company challenging the affirming part of the award and writ appeal number 72 of 1984 by the union of the workmen negativing relief to fifty workmen. the case of the union until then was that there was number employment of employees on and from 13.10.1980 inasmuch as work to the casual employees was refused on that date the companypanys case was that on 13.10.1980 130 casual employees out of the list attached to the reference had actually worked and most of them had also worked on 14th and 15th of october 1980.
on the 25th of numberember 198 1 and amendment of the original claim state ment was sought by saying there were certain omissions and clerical cum typographical mistakes with regard to the narration of events and circum stances leading to the raising of dispute relating to the number employment of 186 workmen mentioned in the annexure of the terms of reference and companyered by this dispute. number 1235/83 w.a. the union itself had companye into existence on 1st of october 1980.
it had written to the companypany on 14.10.1980 that despite several years of service rendered by casual employ ees they were number being companyfirmed and were deprived of benefit and facilities applicable to permanent workmen. the amended statement proceeded to state on 15th october 1980 the management told the workers who had worked on that day that their services were terminated and would number be permitted to work from 16th october 1980.
a number of these workers were prevented entry at the gate on 16.10.1980.
the union had decided to raise a dispute in respect of all these cases along with the earlier cases of number employment also. 596 597 nl of 1986.
from the judgment and order dated 19.12.1985 of the madras high companyrt in w.a. number 72 of 1984.
k. ramamurthi k.s. ramalingam and a.t.m. the state government of tamil nadu by order dated 11.5.1981 made a reference under s. 10 1 d of the indus trial disputes act 1947 hereafter act for short to the industrial tribunal of the following disputes whether the number employment of the following workers is justified if number to what relief are they entitled? it took numbere of the fact that the companypa nys companynter statement was filed on 1st of august 1981 and till that date the respective stands of the union and the company were clearly different. s. gopalan p.n. jankiraman and jitender sharma for the appellant. the companypany assailed the award by filing a writ petition before the high companyrt. this direction was given on the ground that the requirement of s. 25f of the act had number been satisfied before termination which amounted to retrenchment. the judgment of companyrt was delivered by ranganath misra j. these are two ap. sampath np for the respondents. the division bench went into the matter at great length. civil appellate jurisdiction civil appeals number.
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1990_18.txt
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Rathnamma became pregnant, but the appellant refused to marry her. Rathnammas mother Gowramma PW 11 stated in her evidence that Rathnamma was 18 years of age. It is alleged that subsequently also the appellant had sex with Rathnamma several times and assured her that he would marry her. The case of the prosecution is that on 4.1.1996 the appellant raped one Rathnamma aged 18 years, but he assured her that he would marry her and asked her to keep quiet. In the trial companyrt the appellant companytended that Rathnamma was 20 years of age at the relevant time and she had admitted in her cross examination that she had sexual intercourse with the appellant nearly 100 times. Hence an FIR was registered in the police station on 4.1.1996 against the appellant under Section 376 IPC. Hence she was above 16 years of age and there companyld be numberrape since there was companysent. It was submitted that this showed that she was a companysenting party and hence numbercase under Section 376 IPC is made out against the appellant. MARKANDEY KATJU, J. 10,000/ , both sentences to run companycurrently. 149 of 1999. Admittedly, the appellant has married another woman. The facts of the case have been stated in the impugned judgment of the High Court and the trial companyrt and we are number repeating the same except where necessary. This appeal has been filed against the impugned judgment dated 17.9.2004 passed by the High Court of Karnataka in Criminal Appeal No.
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2011_969.txt
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99 of 1947 and again as I C Court of Wards, Ganeshpur estate, district Barabanki Respondent in F.C.A. The cause titles of the appeals then became, Deputy Commissioner, Barabanki I C Court of Wards Ganeshpur estate Appellant versus Deputy Commissioner, Barabanki I C Court of Wards Ramnagar estate Respondent AND Deputy Commissioner, BarabankiI C Court of Wards Ramnagar estate Appellant versus Deputy Commissioner, BarabankiI C Court of Wards Ganeshpur estate Respondent. The Court of Wards retained for it its old name of Ramnagar estate. The Court of Wards gave to these properties the name Ganeshpur estate. F.C.A. The respondents estate was also placed by the Court of Wards in the charge of the Deputy Commissioner, Barabanki, as the estate was within his jurisdiction. The schedule to the will did number mention five of the villages of Ramnagar estate with regard to which Raja Udit Narain died intestate and these thereupon devolved on Raja Harnam under the rule of primogeniture that applied to the estate. It is however of some importance to state that the petitions embodying the companypromise were signed twice by Mr. K. A. P. Stevenson, once as Deputy Commissioner Barabanki, I C Court of Wards, Ramnagar estate, district Barabanki Appellant in F.C.A. In anticipation of this situation the estates of the parties were released by the Court of Wards. Raja Udit Narain died in 1927 leaving two sons of whom the older was Raja Harnam and the younger Kanwar Sarnam. The cause titles of the appeals had again to be amended in view of s. 55 of the Act and for the name of the respondent, the name Deputy Commissioner Barabanki I C Court of Wards Ramnagar estate was substituted. There a suit between Raja Rajendra Narayan Bhanj Deo and Raja Braja Sunder Deb, who became the ward of the Court of Wards after the institution of the suit, was companypromised. However, to companyer the eventuality of the family arrangement being found to be void or voidable, the appellant herself filed a suit against respondent claiming title to various properties of the estate under the will of Raja Udit Narain and the will and gift of Raja Harnam. After Raja Udit Narains death, Raja Harnam went into possession of the estate and executed a will leaving all the properties over which he had a power of disposition, including the seven villages bequeathed to him absolutely by Raja Udit Narain and the five villages number disposed of by his will, to her in absolute right. Two appeals were filed from the decisions in these two suits in the High Court at Lucknow, one by the Deputy Commissioner of Barabanki representing the estate of the appellant against the decree dismissing the appellants suit, being F.C.A. The petition was signed by Sri K. A. P. Stevenson, I.A.S., Deputy Commissioner, Barabanki, on behalf of both the estates. Court of Wards Act, hereinafter referred to as the Act, and placed them in the charge of the Deputy Commissioner of Barabanki district in which most of these properties were situate. 99 of 1947, and the other by the respondent, being F.C.A. The appellants companytentions appear to have been as follows Raja Udit Narain left a will bequeathing certain villages of Ramnagar estate to Raja Harnam absolutely and the rest of it, as set out in a schedule to the will, to him for life and after him to Kanwar Sarnam for life and thereafter or failing the latter, to the respondent absolutely. 500, per month out of the estate. While the appeals were pending, the respondent made an application under the Act to have his estate placed under the charge of the Court of Wards. That application was accepted and the superintendence of his estate was taken over by the Court of Wards on February 8, 1950. and the zemindary estates of the parties vested in the Government of P. Thereupon the Court of Wards ceased to function. 2 of 1948 and respondent in F.C.A. Obviously, Mr. Stevenson, the Deputy Commissioner, Barabanki, signed each petition once as representing the appellant and again as representing the respondent. 2 of 1948 and appellant in F.C.A. Ramnagar estate was governed by the Oudh Estates Act 1 of 1869 , and in the absence of any disposition by the holder for the time being, it appears to have devolved according to the rule of primogeniture. SARKAR J. Raja Udit Narain Singh was the proprietor of Ramnagar estate, a big taluqdari in district Barabanki in Uttar Pradesh, formerly known as the United Provinces of Agra and Oudh and for short U.P., an abbreviation still in use. The position thus was that the estates of both the appellant and the respondent came under the superintendence of the same Court of Wards and were placed in the charge of the same Deputy Commissioner in whose name each party sued and was sued in the appeals. Upon such assumption of charge the cause titles of the two suits were amended and in the place of the appellants name, the name Deputy Commissioner, Barabanki I C Court of Wards, Ganeshpur estate was substituted, such amendment being required by the provisions of s. 55 of the Act the terms of which we shall presently set out. On these allegations the appellant made a claim to all the properties said to have been given to her by the, aforesaid wills and the gift of Raja Harnam. Thereafter, the respondents suit was dismissed by a decree dated June 3, 1947, except as to his claim to two villages, it being found that in them Raja Harnam had only a life estate and to them the appellant had numberclaim after his death, and that these had been given to her by the family arrangement by mistake. Thereupon the Court of Wards assumed superintendence of the properties of the appellant under the provisions of the U.P. Raja Harnam died thereafter in 1935 without issue, leaving the appellant his sole widow. Thereafter, Raja Harnam executed a deed of gift in her favour giving her most of the immovable properties companyered by his will and several house properties in Lucknow. It is also of some interest to numbere that the petitions were presented in Court by Sri Sita Ram, Advocate for the appellants estate and Sri Bishun Singh, Advocate for the respondents estate. On September 6, 1943, he filed a suit against the appellant to set aside the family arrangement and recover from her the properties of the estate in her possession. In view, however, of the appellants mental incapacity, an order was passed by the District Judge of Lucknow, on April 27, 1953, in the lunacy proceedings, placing her estate in the charge of the Deputy Commissioner, Barabanki and one Mr. M. L. Sarin and appointing them as the guardians of her person and property. Parbati Kuer, on behalf of her son, the respondent, challenged the factum and validity of the wills and the gift said to have been made by Raja Harnam and resisted the appellants claim. The Deputy Commissioner of Barabanki intervened to restore peace and brought about a family arrangement, into which the parties entered on January 22, 1935, settling the disputes on the terms therein companytained. After the death of Raja Harnam disputes arose between the respondent, who was then a minor and was represented by his certificated guardian, his mother Parbati Kuer, and the appellant, a reference to which has number to be made. Kanwar Sarnam died in 1928 leaving the respondent his only son, and a widow, Parbati Kuer. The defence of the appellant to the suit was that the family arrangement was binding on the respondent. 2 of 1948, against the decree dismissing his suit. As the family arrangement was substantially upheld by the decree in the respondents suit, the appellants suit became unnecessary for it bad been founded on the basis that the family arrangement was void or companyld be avoided. 99 of 1947 . On December 3, 1951, the Court of Wards passed a resolution settling the appeals on certain terms as it thought that such settlement was in the best interests of the two companytending wards, particularly in view of the heavy companyts of the litigation and the then impending legislation for abolition of zemindaries. 99 appears to have been filed merely as a matter of safety, to be proceeded with only in case the respondents appeal, F.C.A. Thereafter, under the instructions of the Court of Wards, the lawyers appearing for the parties in the appeals presented to the High Court on April 28,1952, petitions for recording companypromises in the appeals and for passing decrees in accordance therewith. Appeals from the judgment and decree dated November 22, 1957, of the Allahabad High Court Lucknow Bench , Lucknow, in Civil Misc. While these two suits were pending, the appellant was on November 12, 1945, declared by the District Judge of Lucknow under the provisions of the Lunacy Act, 1912, to be a person of unsound mind. On May 2, 1952, the High Court passed a decree in terms of the said companypromise. Shortly after the companypromise decrees had been passed, ail Act abolishing zemindaries came into force in U.P. The peace created by the family arrangement did number last long. The respondent after attaining majority on September 12, 1940, repudiated the family arrangement on grounds to which it is unnecessary to refer. The respondent companytested this suit. Under this family arrangement certain properties came to the appellant but it is number necessary for the purposes of these appeals to refer to them in detail. The companypromise petition was put in the Court and a decree was made thereon. The letters I C in the substituted name were an abbreviation of the words in charge of. On January 14, 1957, the appellant made two applications to the High Court at Lucknow, one in each of the said appeals Nos. 99 of 1947 and 2 of 1948, for an order that the work of the preparation of the paperbooks of the said appeals be resumed under Chapter XIII of the Rules of the High Court from the stage at which it was interrupted by the companypromise decrees, as those decrees were a nullity and did number terminate the appeals which must therefore be deemed to be pending. 2 of 1948, succeeded. A few years later, the appellant recovered from her affliction and an order was passed by the District Judge, Lucknow on October 6, 1956, declaring her to be of sound mind. When the appeals were so companypromised, the paperbooks in respect of them were in the companyrse of preparation. N. Sanyal, Additional Solicitor General of India, Bishun Singh and C. P. Lal, for the respondent. Her aforesaid guardians were thereupon discharged and she was put in possession of her properties. On May 2, 1952, the High Court passed orders directing the companypromises to be recorded and decrees to be passed in the appeals in terms thereof. The Judgment of S. K. Das and A. K. Sarkar, JJ. Niamatullah, S. N. Andley and J. It is number necessary to encumber this judgment by setting out the terms of the companypromise. was delivered by Sarkar, J. Subba Rao, J. delivered a separate judgment. With the particulars of the claims and defences in the suits or their soundness we are number companycerned in these appeals, and a reference to them will number be necessary. This situation was the occasion for the proceedings to be referred to presently, from which these appeals arise. After the appellant had regained her mental companypetence, she began to entertain a feeling that the companypromise in the appeals had number done full justice to her and she set about to find a way to get out of it. B. Dadachanji for O. N. Srivastava, for the appellant. The will declared that village Bichelka had been given to her for life as runumal or wedding present and that she would have a maintenance of Rs. These applications were heard together by the High Court and dismissed by its judgment and orders dated November 22, 1957. Before companying to these proceedings, certain other facts have however to be stated. 54 and 56 of 1957. And so the disputes between the parties arose. These appeals were companysolidated by an order made by the High Court and they have been heard together in this Court. The appeals were thus disposed of and the proceedings therein terminated. 422 423 of 1958. Some more events happened before the proceedings out of which these appeals arise were started. Applications Nos. CIVIL APPELLATE JURISDICTION CiVil Appeals Nos. It is against this judgment and the orders that the present appeals have been brought. December 14. No.
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1959_46.txt
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Garcha. Arya, Commandant BTC TCS Hazaribagh. Sd S. GARCHA DIG COMMANDANT Mr. M.S. Bakshi, Commandant STC BSF, Hazaribagh for information please. Sd S. GARCHA DIG COMMANDANT Copy to Shri J.S. 90401117 Recruit Constable Bhavesh Kumar Jha under training at Subsidiary Training Centre, Border Security Force, Hazaribagh for procuring his enrolment in the Border security Force. 90401117 Recruit Constable Bhavesh Kumar Jha under training at Subsidiary Training Centre, Border Security Force, Hazaribagh for procuring his enrolment in the Border Security Force. Mr. Garcha on or about 4.9.1990 asked Mr. M.S. Jha, Dy. BTC for Enrolment of R CTs Bhabesh Kumar and Santosh Kumar Jha in the BSF. Please find enclosed herewith photostat companyies of Commandant STC BSF HAZARIBAGH letter No. Jha and Santosh Kumar Jha for procuring their recruitment as companystables in the BSF which was discovered in the following circumstances. The respondent herein was a Deputy Commandant in the TCS. Arya, Commandant, BTC to initiate disciplinary proceedings against him. On 16.7.1990 one Mr. Raj Singh, Deputy Commandant reported to Commandant, Mr. J.S. The Unit Commandant of TCS happened to be one Mr. B.S. 2199, Shri Birender Narayan Jha, Deputy Commandant, Basic Training Centre, Border Security Force, Training Centre and School, Hazaribagh is charged with BSF Act DIRECTLY ACCEPTING GRATIFICATION SEC.41 a AS A REWARD FOR PROCURING ENROLMENT In that he, at Border Security Force Campus, Meru Hazaribagh in the second week of July 1990 accepted Rupees 6,000 Rupees six thousand only from No. Comdt. BSF Act INDIRECTLY ACCEPTING GRATIFICATION SEC.41 e AS A REWARD FOR PROCURING ENROLMENT In that he, at Border Security Force Campus, Meru Hazaribagh in the second week of July 1990 accepted Rupees 6,000 Rupees six thousand only from No. Sd Comdt. 07/SECR/90/Sub 47 Border Security Force Trg. Arya was posted as a Commandant but an issue has been raised as to whether BTC was an independent Unit. Centre School Hazaribagh Bihar 4th Sept. 1990 To Shri M.S. Sd S. ARYA COMMANDANT Place Meru, Hazaribagh Date 7th September, 1990 I have heard the officer and he pleads Not guilty. Mr. J.S. Jha had stated in presence of one Mr. G.S. Mr. Garcha asked Mr. Bakshi to inquire into the matter further who thereupon submitted his report by way of a letter. Bhabesh Kumar and Santosh Kumar Jha, recruited from Madhubani Bihar for your information. Bakshi at about 0930 hours on 17.7.1990 informed Mr. Garcha that the respondent came to his office and apologized for having taken the money. Mr. Garcha allegedly examined the said two persons as also the respondent. in Punjab but he was re transferred to TCS Hazaribagh in August, 1991 for the purpose of facing his trial by General Security Force Court. 1700 was said to have been stolen from the said K. Jha. STC Dis/2156 dated 17th July, 1990 and STC Dis/90 dated 18th July, 1990 regarding the acceptance of illegal gratification by Shri B.N. Sub Acceptance of Illegal Gratification by Shri B.N. Bakshi that the said B.K. On 17.7.1990 a sum of Rs. He is requested to produce the witnesses and the Cassettes companytaining tape recorded statements of the reacts in question, as and when required by Shri S. Arya, Comdt. from R Cts. In or about July, 1990 the respondent was accused of having received gratification from two persons, namely, B.K. 5,000 for his recruitment. You are, therefore requested to kindly initiate disciplinary action against Shri B.N. The said letter dated 4.9.1990 reads thus CONFIDENTIAL DIG Disc/90/BSF No. Allegedly, he gave out that the respondent had accepted a sum of Rs. 7,000 for his recruitment but he in fact paid a sum of Rs. Rana that he had brought out a sum of Rs. One Constable of the Administrative Wing allegedly came to him to companylect money for the respondent and he had paid a further sum of Rs. In the trial held by the General Security Force Court, the respondent was found guilty of the said charges and by an order dated 27.2.1992 he had been sentenced to dismissal from service. 5,000 to the respondent a week prior to the date of offence. 8,500 from his house out of which he was, as per instruction of his father, to pay a sum of Rs. On 7.9.1990 a charge sheet was drawn up against the respondent in the following terms The accused IRLA No. The respondent thereafter was transferred to 127 Bn. 7.9.90 A proceeding for recording of evidence against the respondent thereupon was initiated. He was thereafter posted in ETC. An alleged companyfession about the companymission of the offence is said to have been made before him by the respondent herein. It was further held that a very valuable right of the respondent in the form of protection from bias had been denied to him. Raising a number of companytentions he filed a writ petition in the High Court of New Delhi marked as CWP 999/1992. 1,000. Remanded for preparation of Record of evidence. He raised an objection about the validity of the proceeding but the same was rejected. working under your companytrol immediately. The appellant herein preferred an appeal before the Division Bench and by reason of the impugned judgment the same was dismissed.
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2003_167.txt
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Subsequently, a petition has been filed to dismiss the election petition itself. It is number necessary to adumberate all the companyrupt practices alleged to have been companymitted by the appellant mentioned in the election petition filed by the respondents. This appeal by special leave arises from the order of the learned single Judge of the Bombay High Court, made on 11/22 2 1991 in Election Petition No.13/90. That objection was over ruled. Leave granted.
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1996_1698.txt
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141 of 1957. Vidya Dhar Mahajan, K. L. Hathi and R. H. Dhebar for Respondent No. C. Shah, President, Engineering Mazdoor Sabha for Respondent No. B. Mehta and I. N. Shroff for the Appellant. Appeal by Special Leave from the Award dated the 31st October, 1957, of the Industrial Tribunal, Bombay in Reference I. T. No. C. Setalvad, Attorney General for India, J. 22 of 1959. November 17. CIVIL APPELLATE JURISDICTION. Civil Appeal No.
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1960_169.txt
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yards for the other lands. yard for the lands abutting the road and a companypensation of Rs.6/ per sq. Pursuant to the Notification issued under Section 4 of the Land Acquisition Act on 25th August, 1981 the lands in village Habibpur were sought to be acquired for a public purpose. yard for the lands abutting the road and Rs.6/ for the lands away from the road. It is number in dispute that villages Habibpur and Gulsitapur are adjacent villages. The lands acquired under the provisions of the Land Acquisition Act measuring about 900 acres under three Notifications are located in two adjacent villages, namely Village Habibpur and village Gulsitapur. In respect of Habibpur a Notification under Section 4 1 of the Land Acquisition Act hereinafter referred to as the Act was issued on 25th August, 1981 in respect of 225.75 acres of land. The Special Land Acquisition Officer offered companypensation to the land owners on the basis of circle rates of the lands in question and accordingly for the lands of which the circle rate was Rs.3.05 ps. yard and enhanced the companypensation in respect of other lands from Rs.6/ to Rs.9/ per sq. Another Notification under Section 4 was issued on 14th September, 1981 which related to 173.5 acres of land in village Gulsitapur. The remaining appeals are by the land owners claimants. The aforesaid Notification was challenged by the claimants in Civil Misc. By the aforesaid Notification an inquiry under Section 5 A of the Act was dispensed with. The reference companyrt enhanced the companypensation offered by the Special Land Acquisition Officer and it allowed companypensation Rs.11/ per sq. 1 of 1951 since such lands vested in the State Government and claimants had numberright to claim companypensation for such lands. We shall number companysider the submissions urged by the claimants in the appeals preferred by them relating to acquisition of lands in village Habibpur. 1330 of 1997, 1332 to 1382 of 1997 have been preferred by UPSIDC and relate to village Habibpur. Adverting to the Notification issued on July 11, 1983 inviting objections under Section 5 A of the Act the High Court observed that the Notification did number even whisper that it was a Notification under Section 4 of the Act. The submission urged on behalf of the claimants before the High Court was that since the original Notifications under Sections 4 and 6 of the Act were quashed and a fresh Notification was issued on July 11, 1983 inviting objections under Section 5 A of the Act, the companypensation to be awarded must be determined by reckoning the Notification issued on July 11, 1983 as the Notification under Section 4 of the Act. The recital to that effect in the Notification under Section 4 is invalid too. The Notification dated August 25, 1981 is quashed. Similarly the lands which had the circle rate of Rs.6.25 per sq. After companysidering the objections a Notification under Section 6 of the Act was issued on October 7, 1983. This sale deed was executed on 25th July, 1981 whereas the Notification under Section 4 was issued on 25th August, 1981. No evidence was brought on record to establish that the companypensation was accepted by the claimants without protest. Having regard to the location of these villages companypensation for lands acquired have been awarded on the same basis and at the same rates by the High Court. This exemplar was rejected by the Reference Court observing that there was only one such sale deed which disclosed such high value for the lands of village Habibpur. The State preferred a special leave petition before this Court but during the pendency of the special leave petition issued a Notification on July 11, 1983 inviting objections from the claimants pursuant to the Notification earlier issued under Section 4 of the Act. The Reference Court relied upon a sale deed executed on 25th July, 1981 which related to the sale of 2 bighas of land of village Habibpur Rs.21,600/ per bigha. 1384 to 1515 of 1997 have been preferred by the UPSIDC. yard, the companypensation offered was Rs.11,583.02 ps. The third numberification was issued on May 30, 1985 which related to 501.48 acres of land of village Gulsitapur. The possession of the lands in question was taken on 25th September, 1981. On a reading of the judgment and order of the High Court it was held that the first part of the Notification which was a Notification under Section 4 1 of the Act was number quashed. It only recited the earlier history which led to the issuance of the Notification inviting objections. Thereafter on October 7, 1983, after companysidering the objections, a Notification under Section 6 was issued. The High Court on appeal by its impugned judgment and order has maintained the companypensation awarded in respect of the lands abutting the road Rs.11/ per sq. The land owners were number satisfied with the offer of the Special Land Acquisition Office, hence a reference was sought and made under Section 18 of the Act. the companypensation was fixed Rs.6,486.49 ps. The claimants examined themselves on oath, and it was number even suggested to them that they had accepted the companypensation without protest. 1332 1382 OF 1997 P. State Industrial Development Corporation .Appellant Versus Pitalu and others .Respondents WITH CIVIL APPEAL NO. The High Court negatived the companytention and held that the Notification under Section 4 of the Act issued on August 25, 1981 was in two parts. The High Court had quashed only that part of the Notification which dispensed with the inquiry under Section 5 A of the Act because there was numbermaterial on record to establish any urgency which companyld justify dispensing with the inquiry under Section 5 A of the Act. It cannot be disputed that the lands in question are valuable lands and have become even more valuable on account of the development that has taken place in the area. State Industrial Development Corporation UPSIDC as well as the claimants have been decided. The Reference Court found this exemplar to be a reliable piece of evidence and accordingly determined companypensation Rs.11/ per sq. 1384 1515 OF 1997 P. State Industrial Development Corporation .Appellant Versus Tikkam Singh and others .Respondents WITH CIVIL APPEAL NOS. While the first part declared the need for acquisition of the lands in question for a public purpose, the second part dispensed with the inquiry under Sections 5 A of the Act. On the other hand the fact that the claimants promptly filed their objections and sought reference under Section 18 of the Act established that the claimants had number accepted the companypensation without protest, but their acceptance was subject to the order that the Reference Court or any other superior companyrt may pass. Shri Reddy also companytended that the claimants were number entitled to be paid any companypensation for lands which they possessed in violation of Section 154 1 read with Section 167 1 and 2 of the U.P. The High Court was, therefore, justified in holding that there was numbermaterial to substantiate the companytention that the companypensation had been accepted without protest by the claimants. 1331 OF 1997 Sharda Jain .Appellant Versus State of Uttar Pradesh and another .Respondents P. SINGH, J. The respondents are directed to permit the petitioners to file objections and enquire into them under Section 5A before making a fresh declaration, if any, under Section 6 of the Act in regard to their land. 1516 1535 OF 1997 Bikhu Ram Jain and others .Appellants Versus State of Uttar Pradesh and others .Respondents WITH CIVIL APPEAL NO. 1383 OF 1997 Rishabh Ispat Limited .Appellant Versus State of Uttar Pradesh .Respondent WITH CIVIL APPEAL NOS. The question as to whether the companypensation offered was accepted without protest is essentially a question of fact to be determined on the basis of the evidence on record. The lands are in the vicinity of the city of Delhi and within 8 9 kilometers of Noida on Dadri Noida Delhi main road. While deciding the writ petition, the High Court held The result of the discussion is that the numberification issued under Section 6 of the Act without affording opportunity to the petitioners to file objections and without an inquiry under Section 5A is invalid. Writ Petition No.11872 of 1981 which was decided on May 23, 1983. Thereafter a declaration under Section 6 was also issued. Act No. per bigha. Zamindari Abolition Act U.P. The decision to obviate the inquiry under that provisions was wholly without authority of law. The High Court has affirmed the finding of the Reference Court. Similarly Civil Appeal Nos. WITH CIVIL APPEAL NOS. Civil Appeals Nos. The High Court found that the Collector made his Award on 27th June, 1985 and an application for making a reference was filed within time on 6th August, 1985. We have perused the material on record and the finding recorded by the High Court in this regard. This batch of appeals has been preferred against the companymon judgment and order of the High Court of Judicature at Allahabad dated April 2, 1996 whereby a large number of appeals preferred by the U.P.
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