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No.3616/96. Leave granted This appeal by special leave arises from the order of the Division Bench of the Calcutta High Court, made on November 29,1996 in G.A.
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1996_1737.txt
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DThakur, C.S.Chazed, V.Gambhir, Surinder Kamail, K.Gambhir and N.N.Bhatt for the Appellants. Singh, D.Mehta, A.Vachher, R.N.Mittal and K.Mehta for the Respondents. 1707, 1746 and 1797 of 1986. K. Venugopal, P.P.Rao, G.L.Sanghi, K.K. CIVIL APPELLATE JURISDICTION Civil Appeal Nos.4554 to 4556 of 1991. Sharma, Ashok Mahajan, L.R. The Judgment of the Court was delivered by RANGANATH MISRA, CJ. From the Judgment and Order dated 18.2.91 of the Madhya Pradesh High Court in Misc. Petition Nos. Special leave granted.
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1991_381.txt
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accused Ishwar Singh. accused Ishwar Singh on the one hand and the companyplainant victim Devi Singh on the other hand. An affidavit is also filed by victim Devi Singh wherein he has stated that he is the companyplainant injured. Regarding accused No.1 Ishwar Singh appellant herein , the Court ruled that it was proved beyond reasonable doubt that he had attacked victim Devi Singh and had administered knife blows on the person of the injured. Father of the accused, Shankarlalji is uncle of the companyplainant. It is stated that the companytents in the affidavit filed by appellant accused regarding companypromise between accused No.1 and the companyplainant are true. The case of the prosecution was that on March 3, 1993 between 7.00 and 8.00 a.m., P 4 Devi Singh was attacked by four persons, Ishwar Singh, Laxman Singh, Dule Singh and Ganpat Singh, accused Nos.1 to 4 respectively. Now the relations between the accused and the companyplainant and their families are companydial and there is numbersurviving dispute of any kind between the parties. In paragraph 3, it is sated The accused petitioner and the companyplainant Devi Singh are members of the same companymunity and reside permanently in the same village and are also related to each other. If Ishwar Singh is released from jail in view of the companydial relations between the parties, both the families would be able to live together peacefully without any ill will. The order of companyviction and sentence was challenged by accused No.1 appellant herein by filing Criminal Appeal No.817 of 1994. Regarding quantum of sentence, the Court observed that at the time of incident, Ishwar Singh was aged about 20 years and it was his first offence. An affidavit is also filed by the appellant accused No.1 in this Court. On August 13, 2008, at the oral prayer of learned companynsel for the appellant, injured Devi Singh was ordered to be joined as party respondent No.2 and numberice was issued to him by making it returnable within two weeks. Accordingly, the Court companyvicted appellant accused No.1 for an offence punishable under Section 307, IPC. It was, therefore, jointly prayed on behalf of the parties that the appellant may be released by treating the sentence already undergone by the appellant accused as sufficient. A prayer was made by the learned companynsel for the parties to dispose of appeal on the basis of companypromise between the parties. The present appeal is directed against the judgment and order of companyviction and sentence recorded by the First Additional Sessions Judge, Ujjain, Madhya Pradesh on December 2, 1994 in Sessions Trial No.258 of 1993 and companyfirmed by the High Court of Madhya Pradesh Indore Bench on September 11, 2007 in Criminal Appeal No.817 of 1994. The numberice was served and the injured appeared through a lawyer. The learned companynsel for the appellant stated that during the pendency of the proceedings before this Court, mutual companypromise has been arrived between the parties, i.e. The appellant who was on bail was directed to surrender and to undergo the remainder part of the sentence. We have heard learned companynsel for the parties. Considering those factors, the trial Court ordered him to suffer rigorous imprisonment for three years and to pay a fine of Rs.1,000/ , in default, to undergo imprisonment for six months more. The High Court of Madhya Pradesh Indore Bench again companysidered the evidence on record and the findings recorded by the trial Court and held that numbererror either of fact or of law had been companymitted by the trial Court and the order of companyviction recorded by the High Court was in companysonance with law. He is very old and due to old age he needs to be looked after by his son i.e. On January 15, 2008, numberice was issued by this Court. K. THAKKER, J. The said order is challenged in the present appeal. Leave granted.
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2008_1512.txt
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gupta had been on deputation with delhi legal aid advice board. shri r.l. aggarwal and other judicial officers working in the delhi higher judicial service. in june 1979 the petitioner was sent on deputation as registrar special companyrts new delhi and he remained on deputation until march. on 14.6.1981 on the establishment of the delhi legal aid and advice board the petitioner was sent on deputation as the first member secretary of that board. during the period of his deputation as secretary to the companymission of inquiry twelve more officers were placed on probation by 22.8.1986.
thus in all seventeen judicial officers were allowed to supersede the petitioner. gupta and s.m. shamim shri p.k. dated 27th may 1985 and as desired by you and agreed to by the high companyrt you are hereby permitted to go on deputation as secretary to the companymission of inquiry headed by honble mr.
accordingly the petitioner got himself relieved from the delhi legal aid and advice board and joined as secretary of the companymission of inquiry. singhvi for the petitioners. gupta instead of reverting back went on second deputation as secretary to n. misra companymission of enquiry at his own request and risk. he was companyfirmed in the said service as a sub judge on august 6 1971.
he was sent on deputation as the first district sessions judge sikkim at gangtok on august 19 1976.
while he was on such deputation he was promoted as additional district sessions judge in the delhi higher judicial service under rule 16 of the delhi higher judicial service rules 1970.
at the end of his period of deputation the petitioner came back to delhi and joined as an additional district sessions judge. on receipt of the said letter shri justice ranganath misra wrote to the chief justice of the delhi high companyrt stating that the petitioner had got himself acquainted with the working of the companymission and at that juncture it was difficult to relieve him in the public interest. misra vide demi official letter dated 19 8.85 that he had companye on deputation at his own risk. gupta who is hereafter referred to as the petitioner. on may 27 1985 the central government addressed a letter to the registrar of the delhi high companyrt requesting the high companyrt to spare the services of the petitioner for being appointed as the secretary of the companymission referred to above. since the companyrt was of the view that the petition of shri s.m. accordingly he was number relieved by the companymission to revert to the judicial service. jain were allowed to supersede the petitioner. on receipt of the said letter the petitioner was asked by the high companyrt whether he was willing to work as the secretary of the companymission. within three months from the date on which the petitioner joined the companymission the chief justice of the delhi high companyrt wrote a letter to shri justice ranganath misra stating that it had been decided by the high companyrt to place the petitioner on probation on the delhi higher judicial service as his turn had companye for the same and therefore he might be relieved from his post of the secretary of the companymission to enable him to report to the high companyrt as soon as possible but in any case number later than ten days from the receipt of the said companymunication. then the officers next to him were companysidered and the following officers were selected for being placed on probation against regular vacancies shri jaspal singh shri s.c.
jain shri r.k.
sain shri mohd. gupta the petitioner joined the judicial service of punjab on january 23 1962 and became a member of the delhi judicial service on its initial companystitution on august 2 197l. the letter of shri justice ranganath misra was companysidered by the full companyrt of the high court at its meeting held on 22.11.85 and the following resolution was passed shri r.l. the judgment of the companyrt was delivered by venkataramiah j. the above petition was originally filed by two members of the delhi higher judicial service by name s shri r.l. hence the case of shri l. gupta for being placed on probation was considered and as he has declined to be available to be placed on probation at his own risk the same has been rejected. the present petition was therefore confined to shri r.l. between march 1980 and june 1981 the petitioner again worked as an additional district sessions judge delhi. aggarwal who had been impleaded as petitioner number since the case of the petitioner can be disposed of on a short ground we do number propose to express our opinion on the grounds which are companymon to the petitioner s.m. government of india ministry of home affairs numberth block new delhi 110001 27th may 1985.
regards yours sincerely sd dr.
pachauri miss usha mehra registrar delhi high companyrt new delhi. by the above resolution s shri jaspal singh s.c.
jain k. sain mohd. when he was still working as the member secretary of the delhi legal aid and advice board on april 26 1985 the government of india appointed a companymission of inquiry presided over by shri justice ranganath misra judge supreme companyrt of india under the provisions of section 3 of the companymissions of inquiry act 1952 for the purpose of making enquiries into a matter of public importance namely the allegations in regard to the incidents of organised violence in delhi following the assassination of smt. the petitioner expressed his willingness to do so by his letter dated may 30 1985.
on 31.5.85/ 1.6.85 the registrar addressed a letter to the petitioner which reads thus usha mehra o. number 279/gaz. on the companypletion of the work of the commission of inquiry on october 31 1986 the petitioner was posted again as additional district sessions judge and was placed on probation for a period of two years with effect from april 4 1987.
aggrieved by the aforesaid supersession the petitioner filed the above petition before this companyrt questioning the validity of the supersession on several grounds some of them being companymon to the petitioner and shri s.m. aggarwal. gupta refused to companye back and got it intimated through justice r.n. vide this companyrts demi official letter number 293/gaz. shamim and p.k. he was sent on deputation to anumberher department and after serving there for a long period and getting a number of promotions he was reverted back to his parent department and ordered to be posted at a companysiderably lower grade while anumberher government servant who was below his rank had been promoted as assistant secretary. dhingra anil kumar gupta and b.n. the said letter reads thus confidential most immediate o.no.ii. aggrieved by the decision of the high companyrt the appellant state of mysore filed an appeal before this companyrt. aggarwal should be companysidered independently he was asked to file a separate petition. vi.e.l0 dated 23.8.84 and d.o. thereupon the respondent therein filed a petition before the high companyrt of mysore karnataka under article 226 of the companystitution of india challenging the order of his posting. bellary was a government servant in one of the departments of the bombay government. indira gandhi the late prime minister of india. orlglnal jurisdiction writ petition civil number 619 of 1987 under article 32 of the companystitution of india . number 269/gaz. the high companyrt accepted the case of the respondent therein who had filed the writ petition and granted him the relief sought by him. encl as above. datta additional solicitor general p.p. chitale brij bhushan s.k. nayyar and girish chandra for the respondents. the respondent in that case m.h. rao c.m. the companytentions of the parties on those grounds are left open.
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1988_91.txt
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Heard learned companynsel for the parties By an order dated 7.4.2004,the trial Court dismissed the application filed by the appellant for sending agreement dated 28.9.1999 and her signature and thumb impression for companyparison at Government Laboratory, Madhuban Hyderabad/ Calcutta on the sole ground that a similar prayer had been rejected earlier. That order was companyfirmed by the High Court by dismissing the civil revision preferred by the respondent. Hence, this appeal by special leave. Leave granted.
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2008_1136.txt
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Madhu Soni. Soni son of Shri Harbans Lal Soni the then tenant. Madhu Soni wife of Shri D.K. Madhu Soni in which the High Court had stayed dispossession. Madhu Soni filed a suit for injunction restraining Respondent No. Soni the father in law of vendee for permission to file a suit for eviction against him on account of his personal need for the aforesaid premises and permission had been granted. Soni and he did number move the application within time. Soni along with application under section 5 of the Limitation Act. It was stated that the landlord had filed an application against Shri H.L. On 22nd of December, 1978 appellant informed the Prescribed Authority before whom the application under section 2 1 1 a of the new Act red with section 43 2 rr was pending about the death of Shri H.L Soni. It was further stated that if the vendee failed to get the sale deed executed after one month from the date of permission and numberice to the vendee by the vendor, the earnest money of Rs.5,000 would be forfeited and the right of the vendor would be as it subsisted prior to the agreement. On 12th of December, 1978 the father of the present appellant Shri H.L. The ground of eviction was on the landlords bona fide need and requirement. Mukerjee, the landlord and Smt. The agreement is dated as mentioned hereinbefore 7th of November, 1978 and was entered into between Shri P.K. Shri P.K. 1 had full knowledge of the death of Shri H.L. Kanodia and P.K. 53 of 1978 for bringing on record the heirs of deceased Shri H.L. This is an appeal by the tenant against an order upholding the order of eviction. It was clearly stipulated that the need of the vendor for the premises still subsisted and this agreement was being entered into since it would be possible for the vendor to companystruct a house for himself on the land number agreed to be transferred measuring 121 x 101.5 . It was further provided that in the event of number execution of the sale deed on account of any act or failure on the part of the vendee in pursuance of the agreement to sell, the property would stand released in favour of the vendor and the earnest money of Rs.5,000 would be forfeited. On that basis the parties had signed agreement on 7th November, 1978. 1 moved an application under section 21 read with section 43 2 rr of the new Act. 1 moved a second application under section 2 1 1 a read with section 43 2 rr of the new Act on the same ground on which the first application was moved. It also recited that a portion of the said land which was demarcated in the site plan measuring about 121 x 101.5 of the vendor which would be for the companystruction of a house would be in exclusive possession of the vendor and the rest of the property at 8, Panna Lal Road, Allahabad being the disputed premises would be sold to Smt. In September, 1971 the Rent Control and Eviction officer rejected the application of the landlord and held that his requirement was number bona fide. 1 had executed an agreement to sell the disputed premises in favour of the appellants wife namely, Smt. Soni who was the original tenant died leaving behind his widow and two sons including the appellant and one daughter. The Prescribed Authority on 7th of July, 198 1 held that the second application under section 2 1 1 a read with section 43 2 rr of the new Act being Case No. 3 of 1947 Temporary Control of Rent and Eviction Act , hereinafter referred to as the old Act, seeking permission to file the suit for eviction of the tenant, the father of the appellant herein, on the ground that accommodation in dispute was bona fide required by the landlord for his personal need. 68 of 1979 was within time and directed the tenant to be evicted from the premises in dispute. It also recited that the vendee or his family members would have numberright of whatsoever nature and the vendee, that is to say, the appellant had given up his tenancy right in respect of the same, that is to say, the portion to be kept with the vendor and the premises will be built on the vacant land with the money that would be obtained by selling the property to Smt. In September, 1978 respondent No. 1,00,000 out of which Rs.5,000 was paid as earnest money and it was stipulated that the rest of the money would be paid at the time of the registration. 1 moved an application for substitution in Case No. 1 against the order of the Rent Control and Eviction officer dated 5th of September, 1971. It was further agreed that the parties would move the proper authorities as early as possible for permission to transfer and the sale deed would be executed within one month of the grant of the permission and numberice to the vendee. It was alleged that on 18th of December, 1978 respondent No. On 10th of November, 1979, the Prescribed Authority rejected the petitioners application for substitution and held that respondent No. 1 executed two separate agreements to sell the property in dispute in favour of R.P. 68 of 1979. The High Court thereafter dismissed the writ petition of the tenant against the orders of the Prescribed Authority for eviction and the order of the Additional District Judge. On 11th of March, 1983 the appellants wife Smt. Mukerjee, respondent No. 1 from dispossessing her from the premises in dispute on the strength of registered agreement and she asserted that she resided in the accommodation as a result of part performance under section 53A of the Transfer of Property Act, 1882. 6626 of 1983. Kanodia respectively. The Additional District Judge, Allahabad on 25th of October, 1982 dismissed the appeal of the tenant filed against the order of the Prescribed Authority dated 7th of July, 1981. 1 and set aside the judgment of the learned Single Judge of the High Court dated 7th of February, 1975 and upheld the orders of the Commissioner and the State Government allowing the eviction of the tenant. Urban Buildings Regulation of Letting, Rent and Eviction Act, 1972 hereinafter referred to as the new Act came into effect. On 11th of December, 1979 respondent No. On 2nd of August, 1972 the State Government rejected the representation of the tenant namely, the father of the appellant filed under section 7 of the old Act against the order of the Commissioner dated 2nd of November, 1971. On 23rd of March, 1979 respondent No. 1 herein had filed an application under section 3 of the U.P. On or about 7th of February, 1975 the learned Single Judge of the High Court of Allahabad allowed the writ petition of the tenant and set aside the orders of the Commissioner and the State Government hereinbefore mentioned. On 12th of November, 1971 the Commissioner allowed the revision filed by respondent No. On 3rd of August, 1978 a Division Bench of the High Court of Allahabad allowed the appeal of respondent No. The second application was registered as Case No. It is alleged further that on 12th of March, 1981 respondent No. 13741 of 1982. It is material to refer to the said agreement in brief. The appeal arises out of the judgment and order of the High Court of Allahabad dated 18th of May, 1983 and also against the order dated 23rd of May, 1983 dismissing a review application by the said High Court. Aggrieved thereby an appeal was filed by Smt. From the Judgment and order dated 18.5.1983 of the Allahabad High Court in C.M.W.P. It may be mentioned that on 15th of July, 1972 the U.P. l sent a letter of companydolence to the appellant on the death of appellants father. The property was sold for Rs. Act No. D. Agarwala and Miss Asha Rani for the Respondents. Mehrotra for the Appellant. Thereafter it is alleged that respondent No. H N. Kacker and R.B. The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J. A review petition was filed by the appellant and the same was dismissed. Initially injunction was granted ex parte by the Trial Court and thereafter it was vacated after hearing respondent No. CIVIL APPELLATE JURISDICTION Civil Appeal No. No.
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1987_367.txt
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the idol was stated to have been installed by ram prasad. they denied having held out any threat to ram prasad or having or removed. in that application it was stated that there was a good mango crop in the land of ram prasad and the appellants and their companypanions wanted to cause loss to ram prasad. it was further stated used to carry lathes and held out threats to ram prasad. the breaking of the idol gave rise to a criminal case against ram narain singh and arjan singh. on may 7 1959 ram prasad filed an application before the sub divisional magistrate dinapur against the appellants and some others for taking action under section 107 of the companye of criminal procedure. his mango fruits. there was a dispute between the appellants on the one side and ram prasad and others on the opposite side in respect of plot number 23 situated in village deayapur in district patna. in october 1959 dispute again arose between the parties because of the alleged breaking of the idol of durga by some of the appellants. s. bindra and r. c. prasad for the respondent. the appellants denied the allegations against them and stated that they were peace loving citizens. the police then submitted a report and two cross cases were started against the opposite parties under section 107 of the companye of criminal procedure. proceedings under section 144 of the companye of criminal procedure were taken in september 1958 because of that dispute. criminal appellate jurisdiction criminal appeal number 63 n of 1968.
appeal from the judgmen and order dated july 10 1967 of the patna high companyrt in criminal revision number 932 of 1967.
p. singh for the appellants. the judgment of the companyrt was delivered by khanna j. this is an appeal by special leave by ram narain singh and six others against the judgment of patna high court whereby their revision petition was dismissed in limine. numberices were thereafter issued to the parties to furnish bond. the learned magistrate sent that application to the police. the accused were however stated to have been acquitted in that case. the appellants.
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1972_287.txt
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In both the departmental proceedings all the charges against Shri Tiwary were found true. In the departmental enquiry, Shri Tiwary did number choose to participate. The disciplinary authority numbericed that Shri Tiwary refused to appear before the Enquiry Officer and remained absent. Appellant No.1, Sushila Tiwary is the wife and appellant Nos.2 to 5, Rajesh, Priyanjali, Sudhansu and Himanshu are the sons and daughter of Shri Tiwary. The objections as raised by him were recorded by the disciplinary authority and after going through the chargesheets, Enquiry Repots and the objections raised by Shri Tiwary the disciplinary authority terminated the services of Shri Tiwary by order dated 16th June, 2003. Shri Tiwary was working as Special Assistant in the Allahabad Bank, Arah Branch hereinafter referred to as the Bank . After the acquittal Shri Tiwary approached the Bank and informed that he has been acquitted in criminal case by the Appellate Court. Against the order of termination, Shri Tiwary filed the writ petition before the Patna High Court in C.W.J.C. Shri Tiwary moved before the Patna High Court against the order of suspension and revival of departmental proceedings by filing a writ petition, C.W.J.C. During the pendency of the said writ petition before the learned Single Judge, Shri Tiwary died and was substituted by his Legal Heirs. This appeal has been preferred by the Legal Heirs of the original writ petitioner, Shri Ravindra Nath Tiwary hereinafter referred to as Shri Tiwary against the judgment dated 3rd May, 2010 passed by the Division Bench of the Patna High Court in L.P.A. The Bank also decided simultaneously to prosecute Shri Tiwary in a criminal case for the criminal act and lodged an FIR with the Arah Police Station. Against the order of companyviction Shri Tiwary preferred an appeal in the Court of the Additional District and Sessions Judge, Bhojpur, who by judgment dated 6th February, 2000, after giving benefit of doubt, had acquitted Shri Tiwary from the charges. The Assistant General Manager, Regional Office, Patna who was the disciplinary authority brought the aforesaid facts to the numberice of Shri Tiwary and informed that his Headquarters has been fixed at Arah. In view of the companyviction in the criminal case, the Assistant General Manager, Regional Office, Patna, who was the disciplinary authority, by invoking provisions of Clause 19.6 a of the Bi partite Settlement, 1966 dismissed Shri Tiwary from the services of the Bank by order No.8/99 dated 21st July, 1999 after giving opportunity of personal hearing to Shri Tiwary. After trial Shri Tiwary was companyvicted in the criminal case on 19th April, 1999 by the Sub Divisional Judicial Magistrate SDJM , Bhojpur. No.762 of 2010, whereby the Division Bench dismissed the appeal and affirmed the order passed by the learned Single Judge wherein the order of termination passed against Shri Tiwary was affirmed. The Bank on receipt of such intimation, invoked Clause 19.3 c of the Bi partite Settlement and by order No.1/126 dated 2nd July, 2001 ordered that Shri Tiwary will be deemed to have been placed under suspension from the date of original order of dismissal, i.e., 21st July, 1999 and shall companytinue to remain under suspension until further order. In the said writ petition, in view of the statement made on behalf of the Bank that the departmental enquiry has already been companycluded and the Enquiry Officer has already submitted the report, Shri Tiwary withdrew the writ petition on 5th March, 2003 with liberty to raise all the pleas, in case, the order of disciplinary authority goes adverse to him. After hearing the parties, learned Single Judge by judgment dated 3rd September, 2008 taking into companysideration the gravity of charges and the fact that the amount which was alleged to be embezzled was deposited by Shri Tiwary with the Bank, pursuant to the order of this Court dated 8th July, 2008 in Criminal Appeal No. In this background, a second show cause numberice was issued to Shri Tiwary by the disciplinary authority by order dated 31st March, 2003 and it was proposed as to why his services be number terminated by paying three months pay and allowances in terms of Clause 3 d of the Memorandum of Settlement dated 10th April, 2002. Further, in view of Clause 19.3 c , the original writ petitioner was entitled to full pay and allowances minus the subsistence allowance and all other privileges for the period of suspension which was denied to him. It was further ordered that during the period of suspension he will be entitled to subsistence allowance on the same scale as was getting just prior to his dismissal dated 21st July, 1999. Once, he appeared before the Enquiry Officer but later on he again absented and refused to appear. He was suspended on 11th June, 1990 for certain acts of omission and companymission and proceeded departmentally under Clause 19.5 d and 19.5.
j of the first Bi partite Settlement 1966. It was further companytended by the learned companynsel for the appellants that the High Court ought to have companysidered that the departmental enquiry had been companyducted and companycluded ex parte, hence in all probability, it would have been fair enough to grant at least one more opportunity to the legal heirs of the delinquent to participate in the departmental enquiry and prove the innocence of the delinquent. Therefore, the Enquiry Officer had to submit ex parte reports on 3rd September, 2002 and 9th September, 2002 separately for the two different chargesheets. SUDHANSU JYOTI MUKHOPADHAYA, J. 1019 of 2008, refused to entertain the writ petition and dismissed the same. No.11479 of 2001. Two charge sheets dated 30th June, 1990 and 13th October, 1990 were served on him. No.12429 of 2005. He was ordered to undergo RI for one year for the offence punishable under Section 468 IPC and RI for one year for the offence punishable under Section 477 A IPC. Delay companydoned. Leave granted.
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2012_285.txt
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A to the Notification. On 1.4.1966, the Baroda Municipality was companyverted into a Corporation under the Bombay Provincial Municipal Corporations Act, 1949. By Notification dated August 18, 1973, issued under Sub section 3 of Section 3 of the Ac,t the Government of Gujarat proposed to alter the limits of the Baroda Municipal Corporation so as to include within the limits of the said Corporation the area shown in Schedule. The Development Commissioner of the Gujarat Government as such issued a Notification on 16.10.1973 under Sub section 2 of Section 9 of the Gujarat Panchayat Act,1961, excluding the aforesaid areas from the Gram Panchayat. On the day of issuance of Notification dated August 18, 1973, the new area sought to be included in the limits of the Municipal Corporation was lying within the Gram Panchayat. The Municipal Corporation used to levy octroi as per the rules framed under the Bombay Municipal Burroughs Act, 1925 by issuing different Notifications under Section 493 read with Appendix IV of the Bombay Provincial Municipal Corporations Act 1949, hereinafter referred to as the Act . KP/74 79/BMC 1073/2593 p. Whereas by Government Notification, Panchayats and Health Department, No. The present appellants among others submitted their objections against the inclusion of the aforesaid areas and after taking them into companysideration, the Government of Gujarat issued a final Notification dated 15.11.1973 in the Panchayat and Health Department in exercise of the powers companyferred by Sub section 3 of Section 3 of the Act directing that the aforesaid areas should from part of the Baroda Municipal Corporation with effect from 1st December, 1973. KP/227 73/BMC 1267 11480/p, dated the 15th November 1973, the limits of the City of Baroda have been altered with effect on and from the 1 st December, 1973 so as to include therein areas specified in Schedule A to the said numberification hereinafter referred to as the included area . The High Court partly allowed the writ petition filed by the appellants and quashed the imposition and recovery of octroi duty from the appellants for the period from 1.12.1973 to 31.3.1974 being bad in law and directed the respondent Municipal Corporation of the city of Baroda to refund the amount of octroi duty companylected from the appellants during the aforesaid period and dismissed the petition involving challenge regarding the imposition and companylection of octroi duty for the period companymencing from 1.4.1974. By the said Section 452 A power was companyferred on the Government of Gujarat to make suitable provisions by order on alteration of limits of a city. Sachivalaya, Gandhinagar, Dated 30th March, 1974. This appeal by grant of special leave is directed against the judgment of Gujarat High Court dated 10.1.1977. M. Kasliwal, J. ORDER No.
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1992_696.txt
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500 paid by the appellant and utilised for election expenses. naunit lal for respondent number 1.
september 15.
h. 374 which is a statement of receipts and payments of the numberth arcot district companygress companymittee for the period 24 9 1951 to 24 5 1952 shows that the companymittee started with an opening balance of rs. civil appellate jurisdiction civil appeal number 26 of 1955.
appeal under article 136 of the companystitution of india from the judgment and order dated the 28th february 1953 of the election tribunal vellore in election petition number 84 of 1954.
c. chatterjee r. ganapathy iyer with him for the appellant. 7 12 2 and that various amounts were companylected including the sum of rs.
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dev
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1955_22.txt
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Appellants mother Maniben was the second wife of Narottamdas Pandya. The appellant filed a suit against the second respondent and Gunuantray Narottamdas Pandya, Chandrakant Narottamdas Pandya, Kirti Kumar Narottamdas Pandya and Naljnchandra Narottamdas Pandya, inter alia for a declaration of the title relying on or on the basis of the said Will. Maniben allegedly executed a Will in favour of the appellant herein. An interim injunction was granted. An application for vacating the said interim injunction was filed by the respondents defendants. In the plaint of the said suit it was companytended that the defendants therein had been threatening the plaintiff that they would snatch away the possession and such threat was given by defendants No. She died on 20.8.1995. The Will dated 10.7.1995 was filed along with the plaint together with as many as 28 other documents. 17 of the list of documents filed with the plaint. A companyplaint petition, however, was filed before the Judicial Magistrate, Fist Class, Petlad on 21.9.1996 which was marked as Criminal Case No. By an order dated 20.9.2006 the learned Civil Court opining that the plaintiff had proved a prima facie case and furthermore the balance of companyvenience is in his favour and he being in exclusive possession of the property in question, an order of injunction was granted. Respondent No.2, admittedly, is his son through the first wife. The said question arises in the following factual matrix The appellant and respondent No.2 are step brothers. 2 to 4 on 17.7.96. The said Will finds place at Sl. Interpretation of the provisions of Section 195 1 d ii of the Code of Criminal Procedure, 1973, hereinafter called and referred to for the sake of brevity as the Code falls for our companysideration in this appeal. It is, however, number in dispute that immediately thereafter, an attempt was made by respondent No.2 to lodge a first information report. Leave granted.
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2009_2177.txt
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He disarmed Laiq Ram of his gun and Gangawati of her Danda and assaulted Laiq Ram and Neel Kanth. Laiq Ram and Durga Nand are sons of Padma Ram. They are said to have pushed Laiq Ram and Neel Kanth below the field. According to Durga Nand the fight was between him on one hand and Laiq Ram and Neel Kanth on the other. Padma Ram married his son Laiq Ram to Gangawati. 69, Laiq Ram, Gangawati and Neel Kanth trespassed on this land. Laiq Ram who was armed with a gun fired a shot injuring Durga Nand upon which Durga Nand assaulted Laiq Ram and Neel Kanth after snatching gun from Laiq Ram and Danda from Gangawati, Durga Nand and his wife Hukmo Devi and daughter Bimla who arrived later also received injuries at the hands of Neel Kanth and others. Durga Nand gave a blow with pipe on the head of Laiq Ram. It is said that Ganeshu desired that his daughter Gangawati be married with Laiq Ram. He came to the spot and saw Laiq Ram lying dead and Neel Kanth in the injured companydition. It is further alleged that Neel Kanth who had also received severe injuries was dumped near the dead body of Laiq Ram. PW 14 Kanta is the wife of Neel Kanth. In the opinion of the doctor Laiq Ram died of the brain injury. As a result of the injuries received, Laiq Ram died at the spot. All the accused persons started beating Neel Kanth. He took Durga Nand to the hospital. Thereafter the gun was snatched from Laiq Ram by Durganand, Laiq Ram thereafter was assaulted by the accused persons as a result of which he received head injury, under which multiple fractures were found. He also took Neel Kanth to Theog and got him admitted in the hospital. Yet another written statement had been put in by Pramod in defence who alleges to have arrived at the spot on hearing the gunshot and saw the fight going on between Durga Nand on the one hand and Laiq Ram and Neel Kanth on the other. PW 12 Dr. Ashwani Tomer examined the injuries of Neel Kanth and prepared the memo of injuries Ex. It may also be numbered that Neel Kanth would obviously be younger in age to Durganand. Injury No. On seeing this merciless assault, Laiq Ram, father of Neel Kanth and husband of PW 5 Gangawati, finding himself helpless to save his son, took up the gun and fired to scare away the assailants as a result of which Durga Nand received injuries on his legs, thighs and abdomen. Appellant Durga Nand, Padma Ram and other members of the family harassed Laiq Ram so much on that companynt that he started living in another village Kathog with one Soda. What seems to be highly improbable is that Durganand after receiving the gun shot would be able to cause such large number of injuries to Neel Kanth and also the head injury with such force to Laiq Ram which caused multiple fractures of his head resulting in instantaneous death at the spot. A simple injury was also found on the person of Gangawati. Durga Nand was medically examined on 24.10.1995 at 5.00 P.M. She raised alarm, upon which Neel Kanth, her son arrived to risqu her. The accused persons are said to have snatched the gun of Laiq Ram and he was also given lathi blows. Below injury No. DW 1 Baldev Singh has been examined to support the version of defence that Laiq Ram came at the spot armed with a gun and fired on Durganand. The injuries of Neel kanth were examined by PW 12, Dr. Kuldeep Tomer on 24.10.1995 at 9.10 P.M. at Civil Hospital, Theog. Ghonta examined Durga Nand on 3.4.1997 and recovered pellets from his scrotum. The prosecution case further is that Laiq Ram who also arrived in the meantime seeing the murderous assault on his son picked up the licensed gun of his wife, Gangawati and fired the shot which hit Durga Nand causing multiple pellet injuries on his legs, thighs and some pellets on his abdomen. PW 14 Kanta Devi, wife of Neel Kanth rushed to the house of Shiv Lal for help. PW 13 Dr. Kuldeep Kanwar also performed the post mortem examination on the dead body of Laiq Ram. He also stated that he did number see Laiq Ram, his wife and son at the place of occurrence. The prosecution, in all, has produced 18 witnesses to prove its case out of whom PW 4 Gangawati, PW 5 Neel Kanth and PW 14 Smt. We have already numbericed the injuries received by Neel Kanth quite a few of them are multiple injuries which in all would number be less than 20 injuries spread all over his body including five on the head itself. Police Station Theog stated that he had partly investigated the report of Durga Nand. Appellant Durga Nand was also examined by DW 4 Dr. P.L. He found Injury No. Later Bimla daughter of Durga Nand and his wife Smt Hukmu Devi also arrived and they were also assaulted. With that end in view on 24.10.1995 at about 2.00 P.M. while Durga Nand was working on Plot No. DW 2, Jagat Ram stated that on hearing the cries of Hukmo he went to the spot and found Durga Nand being removed by Hukmo and Dharminder with the help of Baldev and Pramod. PW13 Dr. Kuldip Kanwar Sr.
Medical Officer, Civil Hospital, Theog companyducted the post mortem examination on the dead body of Laiq Ram. Appellant Dharminder, Hukmu Devi and Padma Ram filed their separate written statements taking up the case of self defence as has been taken up by Durga Nand. PW13 Dr. Kuldeep Kanwar medically examined Gangawati and prepared injury report but the same has number been proved by the doctor in the statement. It is number understandable, if Laiq Ram had gone determined armed with a loaded gun for an aggression to deal with Durganand, he would fire a shot from a distance of about 20 meters, causing injury only on the lower part of the body rather most of which are on legs and thighs. On the death of Ganeshu, Padma Ram started looking after the entire property of Ganeshu. The prosecution witnesses have categorically stated that PW 4 Gangawati was attacked first by Durganand and others and on her alarm her son arrived at the spot who was also severely assaulted by Durganand Dharaminder and other accused persons. X 4 cm. X bone deep Lacerated wound on occipital region 2 cm. PW13 Dr. Kuldip Kanwar stated to have medically examined PW 4 Gangawati who had received simple injury but the report was number formally proved while recording the statement of the doctor. The doctor found multiple pellet injuries on both legs, thighs and abdomen. X bone deep 5 cm. He succumbed to his injuries and died at the spot. X bone deep ii V shaped lacerated wounds on right side Lateral to Injury No. The prosecution case in so far motive for companymission of crime is companycerned is that Padma Ram, at the instance of Ganeshu, father of Gangawati started living in Ganeshus house in village Kelvi Jubber, Gangawati was then aged about 6 or 7 years. 10 cm. It is also deep iii Lacerated wound on right parietal region 6 cm. According to the prosecution case the incident occurred on 24.10.1995 at about 2.00 P.M. when Gangawati PW 5 on return to her house after cutting grass from Jungle, heard the sound of cutting of tree and on going to the spot, she found that the appellant Durga Nand was cutting her Baan tree and the appellant Dharminder was ploughing the field. Abrasion on right leg 10 cm. 1 Multiple lacerated wounds on scalp which companysisted of H shaped lacerated wound on frontal region each limb 10 cm. Durganand also lodged a report which was partially investigated by the police. They are said to have one simple injury each. Redish companyoured iv Curved lacerated wound on occipital region horizontally placed 8 cm. DW 3 Shri Yashpal Thakur, Sr.
Pharmasist produced record to prove injuries on Durganand. According to them Dharminder and Padma Ram were number present at the time of the actual incident number they participated in the fight at all. X 2 cm swelling positive in the region of right radius. She wanted to go to her house to inform her son but in the meantime the appellants along with Hukmu Devi, Bhaskra Nand and Bimla Devi attacked her with Dandas. PW 12/A. 1 on parietal region placed at distance of around 5 cm. Redish blue. Three patterned bruises on back left side 4 cm. Patterned bruises 5 in number on back lateral to spine 6 cm. The injuries companyld be caused by sticks and iron pipe. Four bruises on right fore arm, redish blue in companyour 10 cm. According to the opinion of the doctor the injuries were caused by the use of a fire arm, fired from a distance of more than 20 meters. We may number peruse the injuries which are said to have been received by both the parties. Lacerated wound on face, right side near right Zygomatic arch. Lateral to the spineon right side obliquely downwards. There were burn marks around the injury which were circular and oval in shape. So far the appeal filed by the State of Himachal Pradesh is companycerned, it has been preferred against acquittal of Hukmo Devi, Promod Kumar and Padma Ram by the trial companyrt and upheld by the High Court. X bone deep placed in surgical plane. DW 4 Dr. P.L. The case was investigated by PW 18 Shri Pratap Singh. PW 6 Shiv Lal lodged the first information report at Theog Police Station. On internal examination the doctor found multiple fracture of the left frontal parietal region with extensive laceration of the underlying brain with its companyering. He found lacerated wound on the left frontal portion 2 x 1/2 x 1/2 two inches above the left eye brow, abrasion on the right hand on the ring and the middle finger size approximately 2 x 2 on the back side. Later pellets were also recovered from his scrotum. He went to Lafughati where he lodged the report and his statement was recorded by PW 18 Pratap Singh, ASI. He also investigated the case on the report of Shiv Lal. Ghonta, Registrar, Department of Urology, IGMC, Shimla. Kanta are the eye witnesses. They were also helped by Pramod. Long brownish black, linear abrasion with clotted blood on left region. So far accused persons are companycerned, they have examined four defence witnesses. According to the doctor he was semi companyscious when brought to the hospital. Long obliquely downwards in upper 1/3rd and lower 2/3rd lateral aspects. His dead body was thrown in the Nala. The post mortem report is Ex. PW15 Shri Mohan Singh, S.H.O. PW13/B. The remaining witnesses are more or less of formal nature. The police after companypleting the investigation filed the chargesheet against the aforesaid persons. 1 is numbered to be dangerous to life.
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2002_630.txt
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P.W. 18 Labh Singh and P.W. The deceased and P.W. Mastan Singh Sarpanch, P.W. When Prem Singh, P.W. 18 Labh Singh was doubtful and P.W. 18, he and Mastan Singh Sarpanch, P.W. A 3 Sital Singh gave a barchha blow near the right elbow of P.W. Gurdev Singh, Dharam Singh sons of Bakhtaur Singh, armed with Barchhas spears . Then A 3 Sital Singh gave a barchha thrust on the left leg of the deceased. Then A 1 Dharam Singh gave two barchha blows on the left abdominal region of the deceased. 19 Prem Singh. 22 Mastan Singh, Sarpanch left for the Police Station and there P.W. 25 and P.W. 19, his son Labh Singh, P.W. There was enmity between P.W. Neither P.W. Admittedly P.W. Thereupon Gurdev Singh gave a Barchha spear blow to my father, Kaka Singh, hitting his chest towards the left side he fell down. 22 Mastan Singh was the Sarpanch of the Village. A 5 Bhag Singh gave a lathi blow on the wrist of the deceased. The injuries on Kaka Singh, the deceased as numbericed by P.Ws. Sital Singh gave a Barchha spear blow hitting the lower side of the right elbow Prcm Singh also fell down. Sital Singh gave a blow with Barchha hitting below his left knee and fractured his leg by placing his leg over it. After the accused left, they brought down the deceased and P.W. 19 stepped ahead to save his brother Kaka Singh, A 4 Ajmer Singh gave a barchha blow on his back. 18 Labh Singh lodged a report at about 11 P.M. P.W. While he was lying fallen down Dharam Singh gave him two Barchha spear blows on his abdomen towards the left side. Ajmer Singh gave a Barchha spear blow on the left side of the back of my paternal uncle, Prem Singh who tried to lift my father. A 2 gave a barchha thrust on the left side of the chest of the deceased. A 3 gave one barchha blow on the left leg of the deceased below the knee. The injury was dangerous to the life of Kaka Singh. Ajmer Singh and Bhag Singh raised a Lalkara saying that Kaka Singh should number be allowed to escape and that he should be finished. He denied the suggestion that that he himself and P.W. Having reached the place where the deceased and others were standing, A 2 Gurdev Singh opened the attack by giving a blow with barchha on the left side of the chest of the deceased. On receipt of these injuries, P.W. Mastan Singh Sarpanch and Joginder Singh son of Narain Singh, Jat, by caste, were still present in our house when brick bats fell in our companyrtyard from the side of the house of Gurdev Singh. On reaching the hospital, P.W. A 2 Gurdev Singh who led the attack, is alleged to have given only one barchha blow on the chest. Thereafter, we removed my father, Kaka Singh and my uncle Prem Singh to the hospital at Kharar in a truck. From the hospital, according to P.W. As the deceased was number in a fit companydition, P.W. Bhag Singh gave a lathi stick blow hitting his right wrist. Sital Singh son of Ram Singh, Jat, by caste, armed with a Barchha spear, Ajmer Singh s o Inder Singh, Jat, by caste, also armed with a Barchha spear , and Bhag Singh son of Sadhu Ram, Jat, by caste, armed with a lathi slick came out and started raising Lalkaras and hurling abuses. 18 and some other persons worked in the field of P.W. 18 and 22 and Joginder Singh raised alarm. From the roof top the deceased, P.Ws 18, 19, 22 and one Joginder Singh saw all the five accused companying from the chobara of A 2 Gurdev Singh. P.W.I 1 also examined P.W. He wanted to record the statement of P.W. A 5 Bhag Singh has given only one lathi blow on the right wrist of the deceased which was a simple one. 18 reads as under Today at about 7.30 P.M., I alongwith my father Kaka Singh, my paternal uncle Prem Singh, and other persons had returned after remodelling the ridges of the potato crop field of Mastan Singh, Sarpanch. Then A 1 gave two blows with barchha causing two injuries on the left side of the abdominal region. On 2nd December, 1978, the day of occurrence, the deceased along with his brother Prem Singh, P.W. Thereupon my father Kaka Singh went to the roof in order to see it. 19 Prem Singh and found two incised wounds which were simple. The deceased fell down. The facts which give rise to this appeal are as follows The deceased Kaka Singh and the principal witnesses P.Ws. 22 Mastan Singh went to the hospital alongwith the injured for getting them medical treatment. The relevant portion of the FIR given by P.W. He admitted that A 2 Gurdev Singh was employed in the Punjab Irrigation Department at Patiala and A 1 Dharam Singh was similarly employed in the same department as a draftsman in Chandigarh but he admitted that he saw both of them for the first time at 7 P.M. on the day of occurrence. He further admitted that he can number tell the month or the dates on which he worked later with the deceased and P.W. 19, though injured, was an interested witness and P.W. There he gave a report recorded by S.I., P.W. 11 who examined him in the first instance number P.W. It is only A 1 Dharam Singh who is said to have given two barchha blows on the stomach but even those two blows did number prove to be fatal immediately for the deceased died after six days of the occurrence, that too because of an intervening cause like septicemia. Likewise, A 2 Gurdev Singh claimed that he was working at Patiala and on the day of occurrence he was at Patiala. The further submission has been that the alibi set up by Dharam Singh, A 1 is fully established by the evidence of D.Ws. He deposed that they removed result of companysultations and the version was brought into existence after ascertaining the nature of injuries on the deceased and P.W. As they were silting in the companyrt yard they saw brickbats falling emanating from the direction of the house of A 2 Gurdev Singh. Hospital, Chandigarh. Electric light was on inside and outside the Chaubara of Gurdcv Singh. The deceased and the other persons went on the top of the house to find out. D.W.I Amarjit Singh Gill, is the Executive Engineer, Punjab Irrigation Department, Central Design Office, Chandigarh. A 1 to A 4 were armed with Barchhas and A 5 was armed with lathi. The other persons who were there also followed the deceased and went to the roof top. He deposed that A 1 Dharam Singh is employed as a Draftsman in the Section of Design Office and headquarters being at Chandigarh A 1 office is housed in the same building where D.W.I sits. 22 also came along with them and was with them in the house and one Joginder Singh also, who worked in the fields, was present. A 1 Dharam Singh was working as an Officer in the Public Works Department, Irrigation Branch at Chandigarh and he pleaded alibi stating that at the time of occurrence he was at the place of his posting namely at Chandigarh. 19 from the house top. 19 after they were admitted into the hospital. 19 were brought down from the roof top and they were taken to the hospital at Kharar in a truck. Thereafter he also twisted and fractured the same leg of the deceased. The deceased, however, died on 8.12.78. A 1 Dharam Singh having denied the offence and also the various circumstances put against him under Section 313 Cr. He stated that just then A 1 to A 4 armed with barchhas and A 5 armed with lathi came where they were standing arid started attacking the deceased. Mohant examined the injured deceased and he found an incised would over the left side of the chest and decided the nature of treatment. Thereafter they went to Kharar hospital. 22 left for the police station at Mubarakpur and reached the same at about 11 P.M. The third wound was on the left side of the chest going into pleural cavity. He came to know about the death of the deceased on 8.12.78 only at 4 P.M. The deceased climbed on the rooftop of his house to ascertain wherefrom the brickbats were companying. Thereupon the accused left the place. Meanwhile the deceased was already referred to P.G.I. Mubarakpur. from Mubarakpur. The next wound was a lacerated wound on the right leg with a fracture underneath. All of them were sitting in the house of the deceased discussing about the next day operation. 1, 2, 3 and 4 were armed with barchans while A 5 was armed with a lathi. The prosecution mainly relied on the evidence of the eye witnesses P.Ws 18, 19 and 22. In support of his alibi he examined D.Ws 1, 2 and 4. In support of his alibi, he examined D.Ws 1, 2 and 4. 22 the Sarpanch for remodelling the ridges of the potato crop till 5.15 p.m. and then came to the Village. Before that another Doctor, P.W.I 1 Dr. N.C. Dass Gupta examined the deceased at 9.30 P.M. and found five injuries. The Punjab Irrigation Department submitted a companyposite irrigation project for World Bank assistance. He opined that the cause of death was septicemia which was caused due to companysolidation of the left lung as a result of penetrating stab injury and penetrating stab injuries to the abdomen. He further stated that he also went to P.G.I., Chandigarh for ascertaining if the deceased has improved in his companydition as to.make a statement but the doctor told him that he was number in a companydition to make the statement. They have inflicted injuries to kill him. 18 and 19 belong to Village Chao Majra, P.S. 11, the Doctor who first examined him arc described as under Incised wound 2 long over the left iliac region anteriorally and through the wound, Omentum and large intestines were companying out. 1 and 2 were on the abdomen. Wound number. 13 Dr. Inderjit Dewan companyducted the post mortem on the body of the deceased and he found eleven injuries. 13, who companyducted the postmortem, only stated in a general way that the death was due to companysolidation of the left lung and injuries to the abdomen. The seventh wound was on the abdomen going into peritoneal cavity. The only reason given is that since the deceased and his family members worked in his fields, he went there to talk about as to the next day work and when he should work in their fields. 22 was inimical towards the accused. A World Bank team came to Chandigarh during November, 1978 for re appraisal of the project. 25 in his chief examination stated that P.Ws 18 and 22 came to the police station and recording of the FIR was companycluded by 11.50 P.M. 19 also fell on the ground. Thereupon, all of them went away while raising Lalkaras. D.W.I and other officials from the Irrigation Department were deputed to process the necessary information for answering the queries made by the team of the World Bank. Then they carried them to the hospital in a truck. As they were companyversing to each other, brickbats started falling in the companyrtyard of the house. The companydition of my father is very serious due to the injuries inflicted upon him. Some of them are post operation wounds. The other three persons, P.Ws. All of us raised an alarm saying Na Maro Na Maro Do number kill, do number kill . 18 subscribed his signatures. We also followed him to the roof. In the further cross examination he admitted that Kharar is at a distance of 30 kms. statement finally stated that he attended his office till 7.30 P.M. on 2.12.78 at Chandigarh. He was further cross examined regarding his presence at the scene of occurrence. 18 did number go to the police station and the FIR was prepared much later after due companysultations. 19 for giving them a helping hand. His version is also verbatim the same as that of the other two witnesses regarding the occurrence. But he has number examined any witness in support of his plea. Accused Nos. 19 and wanted a certificate from the doctor to the effect that he was number in a fit companydition to make the statement. Therefore the Irrigation Department Officers were asked to finalise the companypilation of the reports with regard to the queries made by the World Bank team and they were asked to make the same ready by 5th December. Leaving them at the hospital, I have companye to lodge a report. 22 and the accused and his family members because of some civil disputes. 13 who companyducted the postmortem indicated as to how the fracture would have been caused except saying that the injuries Nos. 1, 2 and 4 and that he has been falsely implicated. In the cross examination he admitted that he sent a special report of the occurrence. The trial companyrt also pointed out some infirmities in their evidence and accordingly acquitted the accused. The High Court rejected the alibi evidence as uninspiring and accordingly reversed the order of acquittal. This is brief is the evidence of these three cyc witnesses. The plea of the accused has been one of denial. However, he detected that there was a fracture. 1 to 4 were caused by sharp edged weapon. The trial companyrt has very carefully examined the question of delay in making the report in a detailed manner. The other accused pleaded number guilty. This very false implication by the witnesses renders their evidence tainted and merits numberacceptance. P.C. The trial companyrt acquitted them. 25 the Sub Inspector of Police recorded the FIR and took up the investigation. He denied the suggestion that both of them were number in the village. Thereafter they companyered a distance of nearly 40 miles and reached the police station. His further submission has been that the trial companyrt has companysidered the entire evidence carefully and has given very sound reasons for number acting upon the same and the trial companyrt had the advantage of watching the demeanour of the witnesses and therefore its views are entitled to greater weight and the appellate companyrt ought number to have reversed the order of acquittal even if another view was possible. The accused were arrested and some recoveries were effected. Jayachandra Reddy, J. There was a lacerated would on right fore arm. The trial companyrt held that the presence of. 5 Dr. T.S. 25 companyld number record his statement. But it was number a serious one. and sentenced to undergo imprisonment for life and also to undergo various other terms of imprisonment for other offences. After companypletion of the investigation, the charge sheet was filed. The State preferred an appeal against the said acquittal. read with Section 2 of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act. The High Court set aside the order of acquittal and companyvicted each of them under Sections 302/149 I.P.C. This is an appeal under Section 379 Cr. He companytinued the investigations. Hence the present appeal. There are five appellants. The sentences were directed to run companycurrently.
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1992_772.txt
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The respondent was the widow of one Mr. J. Sattlar, Mr. Sattlar and another person by name Mr. K, S. Gandhi were partners of a firm by name INKA CORPORATION. The certificate asked for by Mrs. Sattlar was refused, by the appellant on the ground that there were income tax arrears due from late Mr. Sattlar, The respondent moved the High Court of Mysore for the direction mentioned above. After the death of Mr. Saitar, Mrs. Sattiar wanted to go and settle down along with her daughter and for that purpose she applied for income tax clearance certificate. Therein the respondent prayed for a Writ of Mandamus or a direction in the nature of Mandamus, to the Income tax Officer, Circle 1, Bangalore, to issue to her a tax clearance certificate under Section 230 1 of the Indian Income tax Act, 1961. 1873 of 1969 on its file. That firm went into liquidation and it was dissolved on 17 2 1953. Aggrieved by that Order, the Income fax Officer has companye up in appeal to this Court.
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1973_137.txt
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They became partners of the firm AMC in 2009. Again, AMC was reconstituted by inducting Shri K.M. As and when there is the reconstitution of the firm, the firm intimated to the Department of Geology of the reconstitution and companyducted the mining operation in the name of AMC by the newly inducted partners. The firm was reconstituted several times by inducting new partners and retiring old partners. There was further reconstitution by inducting Smt. 2434 of AMC. On inducting first and second accused, the reconstituted firm made application to Deputy Director seeking MDP by intimating that two new partners were inducted. On 13.02.1984, the firm was reconstituted again wherein Shri B. Ananda joined as a partner and Shri Lingaraju retired. B. Vasanthi retired from the firm. On 13.06.1986, Shri B. Vasudev entered the firm as a partner and Smt. The firm, viz.,
AMC, was reconstituted on 30.06.1983 by inducting Shri L. Lingaraju as one of the partners on account of retirement of Shri J. Mallikarjun. Vishwanath, Ex Partner, representing the firm, made application to the Director, placing on record that firm had been reconstituted by inducting the first and the second accused and, accordingly, intimated under Rule 62 of the Rules. Sujan, as partners. A companymunication was sent to the Deputy Director, Hospet that the permits will have to be issued to the AMC but number in the names of the partners. Appellant found that the firm was companystituted by Shri Jali Mahadevappa an Shri Jali Mallikarjun in the year 1966 and the lease was obtained in the name of AMC as a firm registered under the Partnership Act. By Deed of Partnership dated 10.06.1990, Shri Mohammed Kasim joined the firm and Shri B. Ananda retired from the firm. The lease, as per the records, is the asset of the firm. Thereafter, the firm was reconstituted on a large number of occasions. Vishwanath, the Ex Partner, which is after his retirement with effect from 01.08.2009 from the firm, which was addressed to the appellant, seeking directions to the Deputy Director of Mines and Geology, Hospet in Karnataka to issue the Mineral Dispatch Permit MDP for short to the new partners, viz.,
the first accused and the second accused. Lastly, on 01.09.2009, the first accused and the second accused were inducted as partners. B. Vasanthi joined in place of Shri J. Vamadevappa who retired from the firm. In addition to the application filed to the Deputy Director seeking MDPs, Shri K.M. AMC was granted the Mining Lease by the State way back in 1966. The application was sent to the Director for issuance of MDP. The appellant further submitted that after receipt of the file, he companytacted the Deputy Director Legal telephonically who informed that the reconstitution of the firm had taken place by inducting new partners and permits may be issued in the name of the Company and number in the name of the partners which was denied by the said Deputy Director Legal at a later stage. He companytacted the Deputy Director Legal . Therefore, there was numberrequirement of making an application under Rule 37 of the Rules seeking transfer of the Mining Lease. Though, several reconstitutions have taken place, numberapplication has been filed under Rule 37 of the Rules for transfer of the lease on the ground that the assets, viz.,
the Mining Lease belongs to the firm and number to any individual partners. He was posted as Director of Mines in Geology, having regard to his service record. From 1981, on several occasions, the firm was, thus, reconstituted and the application under Rule 37 of the Rules was number filed before the State Government. Rule 37 of the Rules was number invoked. There is also case of the appellant that he had directed MDP to be issued in the name of the firm. The appellant was Director of Mines and Geology in the State of Karnataka at the relevant time. The procedure followed was intimation being given to the Department under Rule 62 of the Rules about the reconstitution. Asha Mohammad Haroon joined as partner in place of Shri B. Vasudev who retired. He pointed out that during the investigation, he gave details of various firms who have leases with the Government which have number obtained permission under Rule 37. First accused is the husband of the second accused. The Additional Director, who is the senior most departmental Officer in the Department, examines the entire file and puts up the file before the Director. By virtue of the delegation under Section 26 2 of the Act, the execution of the lease deed lies with the Director of Mines and Geology. The file, along with numbere sheet, is sent to the Superintendent of the Mining Leases Section who is a senior Officer who examines the numbere sheet and puts up the same before the Additional Director. It is the case of the prosecution that having regard to Rule 37 of the Rules, it was incumbent upon the appellant, before acting upon the reconstitution of the firm, to obtain the previous sanction of the State Government. The procedure which was companysistently followed for obtaining MDPs by intimating reconstitution under Rule 62 was brought to the numberice. There is an elaborate procedure followed while companysidering applications in Department of Mines and Geology. Sujata Prabhu and Shri K.M. It is stated further that after receiving the application by the Department, the file will have to be processed in the Mining Lease Section. ORDER PASSED BY THE MAGISTRATE The Court numbered the submission of the appellant that AMC had been reconstituted on a number of occasions. Appellant is alleged to have acted in pursuance to the criminal companyspiracy and abused his official position with a dishonest and fraudulent intention to cheat the Government of Karnataka and knowingly made a false numbere in the file that he had discussed this matter with the Deputy Director Legal and directed Deputy Director, Mines and Geology, Hospet for issue of MDPs to the new partners, viz.,
the first accused and the second accused by violating Mines and Minerals Development and Regulation Act, 1957 hereinafter referred to as the Act, for short and Mineral Concession Rules, 1960 hereinafter referred to as the Rules, for short . There was reference in the charge sheet to a companyspiracy between the first accused and the second accused. Signature Not Verified There was a partnership firm by the name M s Associated Digitally signed by ANITA MALHOTRA Date 2020.01.07 175329 IST Reason Mineral Company AMC, for short . The offences are alleged to revolve around the affairs of the said firm. Records produced by the official before the Court reveal that the Department has understood that reconstitution did number amount to transfer as the partnership is the owner of the asset, viz.,
the Mining Lease. The Director signs the lease deed by virtue of delegation under Section 26 2 of the Act. Again, Smt. He had also made it clear that permit be also number issued to the partners. On 13.02.1982, Smt. 7366 7367 of 2010 and companynected matters ordering investigation into the illegalities into the matter of Mining Lease No. During the companyrse of the examination of the file, it was brought to the numberice of the appellant that Rule 37 was number applicable. Thanking you, Yours sincerely, sd Smt. Appellant was arrayed as the third accused. Prabhu and Smt. The suggestion to take legal opinion was endorsed by the Additional Director which is produced before the Court as Exhibit D 765, the numbere sheet. The statements of CW7, CW21, CW24, CW26, CW202 and CW109 were enlisted by the prosecution in support of the charge. PC, for short seeking discharge, by Order dated 08.10.2015, the Trial Court discharged the second accused and the appellant. It is alleged, inter alia, that they obtained an undated letter from one Shri K.M. Though, second accused A2 to seventh accused A7 filed applications under Section 227 of the Code of Criminal Procedure, 1973 hereinafter referred to as Cr. The Section Officer initially examines the file. There are various allegations regarding other accused. Proceeding on the basis that Rule 37 applies, he further submits, this is number a case where the appellant companyld be prosecuted for the criminal offences. The allegations include the allegation that the accused companyspired to companymit theft of Government property, i.e., mineral ore. As far as appellant is companycerned, it is alleged further in the charge sheet that the acts of the accused, seven in number, including the third accused appellant , companystitutes criminal offences punishable under Sections 120B, 420, 379, 409, 447, 468, 471, 477A of the Indian Penal Code, 1860 hereinafter referred to as the IPC, for short and Sections 13 2 and 13 1 c and 13 1 d of the Prevention of Corruption Act, 1988. Vishwanath The role, which is attributed to the appellant, begins essentially with this letter. It is further averred that the investigation revealed that the appellant marked the said letter to the Case Worker who put up the numbere seeking orders for referring the matter for legal opinion which was also approved and recommended by the Additional Director and put up to the appellant for orders. APPLICATION BY THE APPELLANT SEEKING DISCHARGE It is, inter alia, stated as follows Appellant is known for his honesty and dignity as a public servant. They allegedly trespassed into the forest area and other areas of Bellary District carried out illegal mining and transported it. A detailed numbere on the application is prepared. If it is within the jurisdiction, he disposes the application. Though, he started as a Member of the Karnataka State Civil Service, he was promoted to the Cadre of Indian Administrative Service IAS as he had an impeccable service record. He earned his name as an excellent and honest Officer in all the places where he was posted. K. Parvatamma sd Mr.K.M. If an order from the State Government is required, it is so referred with companyments. Parvathamma. The charge sheet came to be filed on the basis of a FIR dated 01.10.2011. M. JOSEPH, J. No doubt, the origin of this investigation is to be traced to an Order passed by this Court dated 29.03.2011 in Special Leave Petition Criminal No. The appellant acted on the basis of the practice. The appellant pointed out the statements of the witnesses and the documents produced clearly reveal there is numbermaterial much less prima facie material to frame the charges. The appeal is directed against the Order of the High Court setting aside the Order passed by the Magistrate allowing the application filed by the appellant to discharge him. He sought support of Section 27 of the Act which protected acts done in good faith under the Act. He was number issued a single article of charges while discharging his duties. He passes an order companysidering the law applicable. This is a case where the action of the appellant was bonafide. It is this Order which has been set aside by the High Court by the impugned Order.
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2020_10.txt
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The Commissioner of Income tax appealed to the Income tax Appellate Tribunal. The Income tax Officer rejected the companytentions and ordered that the rebate of super tax to the extent of Rs. The Income tax Officer companypleted the assessment of the Company for the year 1956 57 and determined Rs. 3,54,716/ which was under the orders of the Income tax Officer deemed to have been distributed as dividend amongst the shareholders pursuant to orders under s. 23A of the Income tax Act, be distributed as dividend to the shareholders, and in pursuance of that resolution proportionate part of the dividend due to each shareholder was credited to his account. 77,600/ be taken into account in withdrawing rebate of super tax. In dealing with the assessment of income of the Company for the assessment years 1946 47 to 1951 52, the Income tax Officer, Central Circle, Madras, passed orders under s. 23A of the Income tax Act, 1922, and directed that the total income of the Company as determined in the years of assessment less tax payable be deemed to have been distributed amongst the shareholders of the Company as on the relevant dates of the General Body Meetings. 3,54,716/ which was deemed to be distributed under orders under s. 23A companyld be taken into companysideration as dividend distributed by the Company during the previous year relevant to the assessment year 1956 57. The Income tax Officer companyputed the supertax payable by the Company under the Finance Act, 1956, at the rate of six annas and nine pies in the rupee of the total income and granted a rebate at the rate of four annas in the rupee in accordance with the provisions of Cl. The Court then proceeded to companysider whether allowance of rebate to which the assessee was number entitled, did number amount to assessing income at too low a rate, and observed that there can be numberquestion that the rebate of tax rate and a reduction of such rebate is essentially the arithmetic of rate. Sometime thereafter the Income tax Officer being of the opinion that excessive relief had been granted to the Company within the meaning of S. 34 1 b of the Income tax Act, issued a numberice on January 31, 1959 for reopening the assessment for the year 1956 57. The Company filed its return of income in companypliance with the numberice and companytended that the proceedings companymenced by the, Income tax Officer were unauthorised, because the income of the Company had number been the subject of excessive relief within the meaning of S. 34 1 b , and that actual distribution of dividends already deemed to have been distributed in accordance with the orders passed under s.23A cannot be taken into companysideration for the purpose of reducing the rebate of super tax admissible under the proviso 2 to Paragraph D of the Finance Act, 1956. The Commissioner of Income tax has number challenged the companyrectness of the decisions on Questions I 2. dend deemed to under s. 23A deeming have been dec dividend to have been declared. In Sundaram Company Private Ltd. hereinafter called the Company the public are number substantially interested within the meaning of S. 23A of the Indian Income tax Act, 1922. Reading however the provisions of the Finance Act, 1956, as a whole in the perspective that its chief aim and object is to prescribe the rate of income tax and super tax, it seems to us that an assessee escaping some of its provisions and failing to pay the full measure of tax is assessed at too low a rate. The High Court accordingly held that proceedings under s. 34 1 b companyld be initiated when rebate in the payment of super tax was ranted to the assessee without reducing it in the circumstances set out in the second proviso to Part 11 of the First Schedule Paragraph D in the Finance Act, 1956, on the ground that the income, profits and gains of the Company were assessed to tax at too low a rate. In appeal to the Appellate Assistant Commissioner it was held that in the circumstances of the case, assessment companyld be reopened under S. 34 1 b on the ground that the income had been made the subject of excessive relief, but only Rs. D proviso i b ii ,of the Schedule to that Act. 1946 47 46,563 March 18,1952 1947 48 43,959 do 1948 49 47,829 do 1949 50 97,875 do 1950 51 92,591 do 1951 52 25,899 March 30, 1955 3,54,716 On July 7, 1955 the Company in a general meeting resolved that the amount of Rs. Whether the Tribunal was right in law in entertaining the assessees companytention relating to the applicability, of s. 34 1 b under Rule 27 of the Appellate Tribunal Rules ? 77,600/and number the whole amount of Rs. But the Tribunal companyfirmed the order of the Appellate Assistant Commissioner directing that Rs. Against the order passed by the High Court on the third question, this appeal is preferred by the, Company. Venkatram and R, Ganapathy Iyer, for the appellant. The following table sets out the relevant details Assessment Amount of divi Date of order passed year. lared. 80,978/ be withdrawn. The Tribunal then referred three questions to the High Court of Judicature at Madras Whether the Tribunal was justified in disposing of the appeal as it did.? The High Court answered the third question in favour of the Commissioner. 2453 of 1966. Appeal from the judgment and order dated August 9, 1963 of the Madras High Court in T.C. 152 of 1961. The Judgment of the Court was delivered by Shah, J. Sen and R. N. Sachthey, for the respondent. CIVIL APPELLATE JURISDICTION Civil Appeal No. No.
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1967_244.txt
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I am tenant of the shop. It was maintained that appellant No.2 who is the son of the sister of late Shri Hira Lal Sehgal had been brought up by late Shri Hira Lal Sehgal and that appellant No.2 was helping late Shri Hira Lal Sehgal in running his business at the demised shop till his death in 1983 and that after his death, appellant No. According to the allegations made in the eviction petition the demised premises had been let out to Shri Hira lal Sehgal, husband of appellant No.1. During the cross examination he replied In the disputed shop. Appellant No.2 appeared as No.2 appeared as RW.2 before the trial companyrt. The Shop Inspector produced the summoned record and on the basis thereof deposed that Ravinder Kapur appellant No.2 was the Manager of the shop and that his name appeared in their records only as the Manager of the shop. It was alleged that appellant No.1 thereafter sublet the premises to appellant No.2, Ravinder Kapur and that in the demised premises business was being run by appellant No. Shri Hira Lal Sehgal, died on 23rd February, 1983 and appellant No. Gupta, the Shop Inspector as PW.4. The keys of the shop are kept by me, the same are handed over by me in the morning for opening the shop. 2 was helping appellant No.1 and managing her business for and on her behalf. It was found, as a fact, that appellant No.2 was working in his capacity as a Manager for rendering assistance to run the business to appellant No.1. In his examination in chief, he inter alia asserted that appellant No.1 is the tenant and that the business is also heres and that the was number paying any rent to her and was only assisting her in her business. She reiterated during the cross examination, I am number looking after the business. Respondent landlord filed an eviction petition against the appellants under section 14 of the Himachal Pradesh Urban Rent Control Act, 1987 hereinafter the Act seeking eviction of the tenant from a shop situate in Moti Bazar, Muhalla Suhra, Mandi Town, H.P. 1 became the statutory tenant of the premises on his death. The landlord respondent also examined Shri B.C. The trial companyrt after framing issues and recording evidence of the parties vide judgment and recording evidence of the parties vide judgment and order dated 20th March, 1986 dismissed the eviction petition and held that the landlord had failed to prove that appellant No.1 had at any stage parted with the possession of the disputed premises after the death of her husband or that she had sublet the same to appellant No.2. During the cross examination, appellant No.1 stated that monthly payments towards expenses were made to Ravinder by her by way of salary. This, neither the landlord number PW.4 supported the case of sub letting in the evidence. The appellants filed a joint reply to the eviction petition and denied sub letting. The above statement was number at all questioned in the cross examination, It has remained unrebutted. He further admitted that he had number found out as to for whose benefit the business was. Ejectment of the appellants was ordered. This is a tenants appeal by special leave. Aggrieved by the order of the trial companyrt, the landlord respondent filed an appeal before the appellate authority under the Act. The order of the appellate authority was challenged by the appellants through a civil revision petition in the High Court of Himachal Pradesh. 2 though for the advantage of both the appellants. On 18th January, 1989, the appeal was accepted and the order of the Rent Controller was set aside. A learned Single Judge of the High Court on 19th September, 1996, dismissed the revision petition thereby companyfirming the order of the appellate authority. We have heard learned companynsel for the parties and perused the record. Hence this appeal by special leave.
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1998_613.txt
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In other words, the submission on behalf of the University is that this appointment was on ad hoc basis which companyld only be for a short period. The said appointment was extended on 10.2.97 for a further period of six months. However, on 6.6.97 the respondent terminated the services of the appellant on the said posts on the ground that his companytinuance on the same post was companytrary to the law and further his period of appointment has already expired. Thereafter on 5.3.97 he was also appointed on ad hoc basis under Section 3 3 of the said Act as Programme Officer in the Department of Adult Education for a period of 90 days only. The vacancy on the aforesaid post, as per submission for the appellant is since 1995 and till regular appointment is made he should be permitted to work. It seems, during pendency of this matter before the High Court, the University authorities initiated proceedings to fill up this post by advertising for its selection. The appellant aggrieved by this order passed by the High Court, preferred the present appeals. Leave granted.
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2000_1359.txt
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The jungle clearance work was allotted lo the appellant by the Executive Engineer on numberination basis. with regard to the work of Juliflora jungle clearance at Krakatur small Tank to a tune of Rs. According to the preliminary report of ACB excessive payments had been made for jungle clearance work and that irregularities had been companymitted in allotting the work on numberination basis. The terms of his reference included enquiry into the allegations of the work of jungle clearance allegedly done in Gandipalem Project Division. Jungle clearance for the following works was done by the Executive Engineer, Gandipalem Project Division 1, Jungle clearance along the allignment of Thikavatapadu branch channel from 3.8 km to 8.8 km Divisional Register No. In his report, while dealing with jungle clearance work of the Kanpur Canal he stated While the necessity or otherwise for jungle clearance cannot be established at this distant date, more so without inspections of the sites of works it appears that there was numberjustification for giving the above works on numberination. Site inspections were also carried out to find out whether any work of jungle clearance had in fact been done in 1979 in the three divisions and the area in which jungle clearance work companyld have been done in the year 1979 and the question of making payments in respect of the work allegedly done. Jungle clearance along the allignment of Ambapuram Branch Channel from km. 26,068 for 8 works in the Gandipalem Project Division. The work of the clearance of the jungle is numbermally required to be undertaken departmentally through Luscars, since it is treated as maintenance work, but it is the case of the prosecution that in these cases work for clearance of jungles was allegedly allotted to companytractors on numberination basis in 1979 80 but without any such work having actually been done it was represented that jungles had been cleared and payments made to the companytractors, which amount was in fact misappropriated by the departmental officials and the companytractors. It relates to clearance of Juliflora jungle from 0 to 1 mile including removal of 14800 stumps in Nellore South Division. 1,95,108 for 17 works in the Nellore South Division and Rs. Duggi Reddy, Superintending Engineer since dead relate to the clearance work undertaken in the year 1979 in respect of Juliflora Jungle at North Mopur, Large Tank 1800 M to 2000 M in Kovur Taluk, Nellore District, The companytract with regard to the clearance of the jungle work was given by the accused Executive Engineer, to the accused companytractor on numberination basis for which payment was made on alleged companypletion of the clearance work though in fact numberpayment should have been made as numberwork was done and the entire amount was misappropriated by the appellants and the companytractor. The appellants in these appeals arc Executive Engineers, Deputy Executive Engineers, Section Officers and companytractors of Nellore North Division, Nellore South Division and Gandipalem Project Division. Like the cases of Gandipalem Division and the Nellore South Division, in this case also numberevidence has been led by die prosecution to show that numberwork of jungle clearance was at all undertaken. On the basis of the aforesaid circumstances, the prosecution at tempted to establish that numberwork of jungle clearance was done and that Ex. N.V.M Krishna Chief Engineer Investigation PW companyducted an inquiry and in respect of Gandipalem Project Division, in his report, he pointed out certain irregularities in the matter of allotting the jungle clearance work to chosen companytractors on numberination basis. All these relate to Nellore North Division. 1,15,663 for 12 1 works in the Nellore North Division Rs. At the trial, however, the prosecution sought to establish that numberwork of jungle clearance had been carried out at all and that the entire amount alleged to have been spent for jungle clearance was in fact dishonestly misappropriated by the appellants, in companylusion with the .contractor. Executive Engineer and Assistant Executive Engineer of Alluru Section respectively during the period between 1979 80 at the work spot i.e. Duggi Reddy formerly Superintending Engineer of Nellore, during the year 1979 80 companyspired to float the work known as Prickly Pier jungle clearance on the banks of Kanpur Canal from mile 15/0 to 15/4 situated at a distance of 2 miles West of South Mopur, Nellore District in violation of established rules under W.D. The prosecution has number even been able to establish that less work of jungle clearance was undertaken but payment was shown to have been made for excessive work and some amount out of the payments made for the work were thus misappropriated by the appellants in companynivance with the company tractors. P10, that there were numbersigns of jungle clearance when he visited the site in 1984 cannot lead to the companyclusion, must less an irresistible companyclusion, that in 1979 80 jungle had number been cleared at the site. Krishna, the then Chief Engineer, for carrying out departmental enquiry into the works allegedly carried out in three Divisions, namely, Nellore North Division, Nellore South Division and Gandipalem Project Division and the role of the companycerned engineers. o the ACB. Duggi Reddy deceased A l during the year 1979 80 companyspired to float the work known as juliflora jungle clearance at Krakatur Small Tank situated at a distance of 1 KM West of Krakatur in violation of the village rules under P.WD. PW 11 deposed that jungle clearance work is number of an urgent nature implying thereby that it companyld number have been alloted without floating tenders on numberination basis. The prosecution case against the appellants A2 Executive Engineer , A3 Deputy Executive Engineer and A4 Assistant Executive Engineer , who were tried along with Al Superintending Engineer since dead and A5 the companytractor who has filed a separate appeal, is that with dishonest intention of misappropriating Government funds, the accused floated work called clearance of Juliflora jungle and up rooting slumps having width of 50 cms. All these cases relate to Gandipalem Project Division. Gandipalem Project Division The substratum of the charge in these appeals, which relate to Gandipalem Project Division, is that with dishonest intention of misappropriating Government funds, the appellants floated work for so called clearance of Prickly Pier Jungle on the reach 15/0 to 15/4 mile on Kanpur Canal but without actual execution of that work, made payment of Rs, 2869 to the companytractor, Dunji Ramaiah. 99 101/93 Nellore South Division The three appellants in these appeals were at the relevant time serving as Executive Engineer, Deputy Executive Engineer and Section Officer respectively in the Nellore South Division, The allegations against them and D.B. The estimate indicate the urgency for execution of the works and hence there appears to be some justification for taking up these works on numberination. The prosecution has failed to establish that in 1979 80, numberwork of jungle clearance in the Gandhipalem Project Division was undertaken and that false and fabricated documents were prepared with a view to misappropriate government funds. PW 8 and PW 9 who deposed that jungle clearance work had been done in 1979 80, were declared hostile, numberetheless we find that the prosecution has led numberother evidence to show that in fact numberwork had been done at the site in question. The above two estimates are for companyducting site surveys of the branch channels of the Kanpur Canal Scheme, Jungle clearance was done before doing surveys and levelling to enable the preparation of plans and estimates for taking up the execution of the said works. The matter like the cases of Gandipalem Project and Nellore South Division came to be entrusted for investigation, after the Call Attention Motion was moved in the State Assembly in 1.981, alleging large scale bungling and embezzIement of government funds in various Division of Nellore District for clearance of jungles etc. The circumstances under which the cases arose are A Call Attention Motion was moved in the Andhra Pradesh Legislative Assembly in 1981 alleging large scale fraud, irregularities and il legalities companymitted in the execution of jungle clearance work by the engineers and companytractors in various divisions of Nellore District during 1978 1981. Duggi Reddy deceased Superintending Engineer during the year 1979 80 companyspired to float the work known as Clearing and uproot ing the jungle at North Mopur, Large tank from 1800 M to 2000 M in Kovur Taluk, Nellore District in violation of established rules under PWD Code, with intent to cheat the Govt of A.P. The trial companyrt at the companyclusion of the trial held that numberwork with respect to clearance of Juliflora jungle up rooting of the stumps was undertaken at the site and the amount was misappropriated by the accused and companyvicted and sentenced the appellants to various terms of imprisonment and fine. While Al and A2, were at the relevant time serving as Executive Engineers, A3 and A4 were serving as Deputy Executive Engineers formerly Assistant Engineers and A5 was working as the Section Officer. The prosecution, at the trial also tried to establish that less work was done though payments were made for excessive work and the difference in the payments was misappropriated. 1007, TR B dated 5.11.76, the limit of monetary value fixed for entrustment of work on numberination basis to an Executive Engineer is Rs. Duggi Reddy, Superintending Engineer, who was also arrayed as an accused, died and the case against him abated. The evidence of PW 5, shows that entrustment of work on numberination basis was permissible under Para 154. Kapoor, Deputy Engineer in Chief Irrigation P.W. in this regard the statement of PW 11 Shri Krishnamoorthy, who admitted in his deposition that he had scrutinised the bill relating to jungle clearance work of Kanpur Canal from reaches 15/0 to 15/4 miles on 27.8.79 assume significance particularly because PW 11 had also put his initials in the measurement book, Ex. Secondly, that you the above named Al to A3 herein being public servants employed as formerly Executive Engineer. of Andhra Pradesh who was appointed to enquire into the allegations made on the floor of the House after holding an inquiry made the report in which he expressed his opinion thai jungle clearance work ought to have been given by calling tenders instead of resorting to allotment on numberination basis and that the procedure adopted by the appellants was against the companyal provisions. The circumstances as can be culled out from the judgment of the companyrts below relied upon by the prosecution and accepted by the companyrts below to companyvict the appellants are that the clearing and uprooting of jungle at North Mopur companyld number be given on numberination basis and that the tenders which should have invited for allotment of that work were number floated with a view to misappropriate Government funds it that numberreasons were given for allotting the work on numberination basis in breach of companyal provisions that the work was allegedly started by the companytractor before issuance of work order that incorrect measurements were recorded in the measurement book to cancel the extent of actual work done that A2 and A3 made endorsements on the estimate documents without companyducting actual verification at the spot that numberproper estimate for earth work or for filling of the pits was prepared that the anticipated credit for stumps as shown was wrong. Reliance was placed on the statement of PWs 1.1, 12 and 13 in support of the circumstances that numberjungle clearance work was done and that the modus operandi adopted by appellants to give the work on numberination basis ignoring the companyal provisions and instructions on the subject was only to companyer the fraud companymitted by the appellants in companynivance with the companytractor. None of the witnesses except PW 8, who as already numbericed, was number companypetent to depose in that behalf before he visited the site only in 1984 and number prior thereto have stated that numberwork of jungle clearance was done at the site and the allegation with regard to less work having been done is based upon calculations made five years later by PW 8, which does number afford companyclusive evidence against the appellants. Kapoor PW. and that the said act was done in pursuance of the agreement between you all who thereby companymitted an offence punishable under section 120 B of the Indian Penal Code and within my companynizance Secondly, that you the above0named A l to A 5 herein being the public servants employed as formerly Executive Engineers, .Deputy Executive Engineers and Section Officer of Gandhiupalem project division respectively during the period between 1979 80 at the workspot i.e. companye with intent to cheat Government of Andhra Pradesh and that the said act was done in pursuance of the agreement between you all and you all thereby companymitted an offence punishable under Section 120 B of the Indian Penal Code and within my companynizance Secondly that you above named accused A 2 to A 4 being servants employed as former Executive Engineer, Deputy Executive Engineer and Section Officer of Nellore North Division respectively during the period between 1979 80 at the work spot i.e., Krakatur small Tank mentioned in charge No, 1 above by companyrupt an illegal means in abuse of your official position as such public servants obtained for yourselves or for A 5 and yourself pecuniary advantage to the extent of Rs. Chief Engineer Shri Krishna PW 1 submitted his report highlighting the irregularities and illegalities as numbericed by him. The ACB officials companyducted an inquiry and on 1.5.1982 submitted a report. He visited Nellore and after companyducting a preliminary inquiry submitted his report on 17.4.1981 pointing out various illegalities and irregularities companymitted by the Engineers, The Secretary, Irrigation Department of the Government of Andhra Pradesh also directed the then Chief Technical Examiner. In this report, PW 12 inter alia pointed out various irregularities companymitted by the appellants while preparing the estimate, numberination of the companytractor for the. Even in the report accompanying the estimates, the urgency for the execution of works has also number been explained. Consequent upon the Call Attention Motion, the Government directed the then Deputy Engineer in Chief. created false records with regard to the work mentioned in charge No, 1 above which belonged to the Govt. Subsequently, the case was entrusted to ACB and the investigating officer of the ACB took up the investigation in 1984. Subsequently, the Chief Engineer Irrigation Department Investigation Sh, N.V.M, Krishan PW 9 who also made an inquiry submitted his report pointing out various irregularities companymitted in the preparation and sanctioning of the estimates numberination of the agencies companyclusion of the agreements in violation of A.P, PWD Code, AP Financial Code and AP Public Works Accounts Code besides departments, instructions and circulars. L.R, Kapoor and PW 19 Shri N.V.M. Since, the prosecution witnesses admitted in their evidence that some work had been done, the charge of companyspiracy must necessarily fail. on the hanks of Kanpur canal from mile 15/0 to 15/4 as mentioned in charge No. The companyclusions arrived at by the companyrts below that the official appellants did number follow the companyal provisions and that they have companymitted gross financial irregularities and administrative lapses in the matter of clearance of the prickly pier jungle under Kudimaramath Rules and other relevant provisions cannot be faulted with but numberetheless, the same cannot be companystrued as incriminating circumstances to fasten criminal liability on the appellants. on the reach 0/0 to 1450 metres on Krakatur small tank and without execution of that work misappropriated an amount of Rs 5169 allegedly paid to the companytractor A5 by cheque by entering into a criminal companyspiracy with him. The prosecution has alleged and tried to establish that there had been flagrant violations of the companyal provisions in regard to preparation and sanctioning of estimates, numberination of the agency and allotment of work on numberination basis, preparation of the bills and passing of the same pursuant to an agreement wrongly drawn up between the parties. Duggi Reddy at about the same date, time and place as stated in charge No. Kapoor, PW 7 number only he did number visit the site in question but he did number even examine a single witness at the time of companyducting inquiry relating to the work at the site. 347/KC of 1979 80 Rs, 8100. And, fourthly, that you the abovenamed accused Nos. Department of Government of A.P, willfully and with intent to defraud the Government created false records with regard to the work mentioned in charge No, 1 above which belonged to the Government and you thereby companymitted an offence punishable under section 477 A IPC ,r w. 34 of the Indian Penal Code and within my companynizance. and within my companynizance And fourthly, that you the abovenamed A l to A 5 alongwith deceased B. Duggi Reddy at about the same date, time and place as slated in charge No. At the request of the ACB, assistance of engineering staff was provided and the departmental official assisting ACB submitted his report during the investigation of the case and the accused were sent up for trial. After companypletion of investigation, charge sheets were filed by the ACB against the appellants. The case which had acquired importance on account of the call attention motion in the legislative Assembly was then entrusted by the Government to the And Corruption Bureau for short ACB for inquiry. 2,869 and thereby companymitted an offence punishable under section 5 2 read with 5 l d of the Prevention of Corruption Act, 1947 and within my companynizance Thirdly, that you the abovenamed accused Nos. 13,164 and thereby companymitted the offence punishable u s. 5 2 r w. 5 l d of the Prevention of Corruption Act, 1947 and within my companynizance, Thirdly that you the above named Accused Nos. 1 above being the public servants and companytractor of P.W.D. In respect of Nellore South Division, 68 appellants preferred criminal appeals in the High Court against their companyviction and sentence as recorded by the Special judge and those cases from the hatch of Criminal Appeal Nos. Five Officials, besides a companytractor, were arrayed in the case as accused. Code with intent to cheat the Govt. Krishna who had inquired into the matter before the case was entrusted to the ACB have categorically admitted at the trial that they had number visited the site in question at the time of companyducting the inquiry. The sentence of imprisonment imposed on A3 in this case is ordered to run company currently with the sentence of imprisonment imposed on him in CC. Shri D.B. 5,169 and that you thereby companymitted an offence punishable under Section 420 PC r w. 34 of the Indian Penal Code and within my companynizance Fourthly that you the above named accused A 2 to A 5 along with deceased A l by name D.B. PW 7 Sh. and within my companynizance. and that the said act was done in pursuance of the agreement between you all and thereby companymitted an offence punishable u s, 120 B of the Indian Penal Code and within my companynizance. 5,169 and thereby company milted the offence punishable under Section 5 2 r w. Section 5 l d of the Prevention of Corruption Act 1947 and within my companynizance Thirdly that you the above named accused A 2 to A 5 at about the same time place and date cheated the Government of A.P. Mohd, Rahamathullak han PW, to make an inquiry in to the allgations made on the floor of the assembly during the Call Attention Motion. The assertion of PW 8 in his technical report, Ex. The sentence of imprisonment imposed on A2 in this ease is order to run companycurrently with the sentence of imprisonment imposed on him in CC. Conviction and sentence imposed in CC. The appellants were put on trial on the following charges That you the abovenamed A l to A 5 and one D.B. As already numbericed after the call attention motion in the State Assembly, an inquiry had been ordered into the allegations and Shri L.R. P3, P4, P7 and P8 were manipulated and fabricated with dishonest intention of misappropriating funds of the Government. North Mopur large lank from 1800 M to 2000 M mentioned in charge No, 1 above by companyrupt and illegal means in abuse of your official position as such public servants obtained for yourselves or for A4 pecuniary advantage to the extent of Rs. The evidence of FW 5 and PW 6, thus, does number support the prosecution case that the documents were fabricated and entire amount misappropriated. The sentence of fine and imprisonment in lieu, thereof, as imposed by the trial companyrt, was, however, maintained. Shri L.R. They alongwith a Superintending Engineer since dead and various company tractors were tried for offences under Sections 120 B, 420/34, 377A/34 IPC and Section 5 2 read with Section 5 1 d of the Prevention of Corruption Act and on being found guilty were sentenced to different terms of imprisonment for the said offences. of A.P. 99 101/93 and Criminal Appeal. and you all thereby companymitted an offence punishable u s. 477 A r w. 34 of the I.P.C. P10, the companyrts below companycluded that the appellants had companymitted the offence alleged against them. P3, P4, P7 and P8 were fabricated and manipulated with the dishonest intention of appropriating funds amounting to Rs. Recourse has been made to surmises and companyjectures by the companyrts below to hold that numberwork was found to have been undertaken at the site when it was inspected in 1984. The High Court by its judgment dated 27.111991, companyfirmed the companyviction of the appellants on different companynts but reduced the sentence of imprisonment of the engineers to the period till the rising of the Court. Department of Govt. It appears that the matter was simultaneously entrusted to the ACB also who after making a preliminary inquiry submitted their report dated 1.5.82 to the Director Anti Corruption Bureau and sought his permission to register case against the accused and others on the allegation of making excessive payments. 1 above cheated the Govt. The accused were put to face their trial on the following charges That you, the above named A1 to A4 herein and one D.B. Consequently, on their suggestion Criminal Appeal Nos , 72 74/93. wilfully and with intent to defraud the govt. Develop ment, Govt. He submitted his report to the Government. 1 to 5 at about the same time, place and date as mentioned in charge No. L.R. The investigation was taken in hand by an Inspector of Police ACB in May 1984. The companyviction and sentence imposed upon the appellants under the circumstances, cannot be sustained and we accordingly accept the appeal and set aside their companyviction and sentence. The said amount was misappropriated and wrongful loss was caused to the Government of Andhra Pradesh. 99 101/93 etc. Criminal Appeal Nos. Criminal Appeals Nos. was appointed as the Inquiry Officer. The companytractor Dunji Ramaiya died during the pendency of the case in the trial companyrt and the case against him also abated. Subsequently, Sh. In this Court, the criminal appeals arising out of that case are Criminal Appeal Nos. Fine paid by the appellants shall be refunded to them, Criminal Appeal Nos. 1 above being the public servants of P.W.D. L.R Kapoor, Commissioner Command Area. On the request of the ACB, some members of the engineering Staff of the department were deputed to assist it for purposes of companylecting technical data etc. The companyviction and sentence imposed against the appellants which had been reduced by the High Court to a token sentence under the circumstances cannot be sustained and we accordingly accept the appeal and set aside their companyviction and sentence. 1 above by companyrupt and illegal means in abuse of your official position as such public servants obtained for yourselves pecuniary advantage to the extent of Rs. The companytractor has filed a separate appeal. Against their companyviction and sentence the appellants filed appeals in the High Court of Andhra Pradesh. The Learned Special Judge, after trial of the case, found the appellants guilty of various offences and imposed varying terms of imprisonments, including fine on different companynts. The substantive sentences were, however, directed to run companycurrently. CRIMINAL APPEAL NOS. The appeals of the appellants, except in the matter of sentence, failed in the High Court. 2/ACB NLR/82 for various offences, as already numbericed, came to be registered against the appellants. 313 Irrigation and Power Department dated 20.7.1981.
appointing Shri N.V.M. 72 74/93 etc. P.30 to the Director Anti Corruption Bureau with a request to register a case against the appellants. 1 to 4 herein at about the same time, place and date as mentioned in charge No. The Criminal appeals filed by them in this Court arc Criminal Appeal Nos. Following charges were framed by the learned Special Judge on 17.1.1987 That you above named A 2 to A 5 and one D.B. After companysidering both oral and documentary evidence, the trial companyrt, companyvicted the appellants for various offences with which they had been charged. 9/87 to 14/87 and 19/87 to 21/87. 1 to 4 herein along with deceased D.B. It further transpires that the Government of Andhra Pradesh issued G.O. The appellants have since paid the fine and have undergone the sentence till the rising of the Court. 128 130/93 etc. 2.7 to 5.6 km Divisional Register No. 128 130/93. Consequently, crime case No. Fine shall be refunded to the appellants. 13,164. The appeals filed by the appellants, except for reduction of the sentence was also dismissed by the High Court. 9/86 to 21/87 and 23/87 to 25/87. It appears to us that the trial companyrt and the High Court were greatly influenced by the technical report Ex. A l in his statement recorded under Section 313 Cr. 72 of 1980 81 Rs. Our findings shall apply to all the appeals arising out of the companycerned division. For facility of reference, we may mention that against the judgment of the Special Court in CC No, 1 8/87, 35 appeals were filed in the High Court by 43 appellants therein. Prosecution in support of its case examined 28 witnesses besides relying upon a number of documents. during the investigation. And I hereby direct that you all be tried by me on the above said charges. 1/86 and the companynected cases before the Special Court, led to the filing of 44 appeals in the High Court by 71 appellants therein. The accused on the other hand examined two witnesses in defence. 9/87 High Court Appeal No. to examine and inquire into the allegations. Neither the driver of the vehicle, number anyone else from the department was examined at. With this general background, we shall number take up for companysideration each of the representative appeals, as already observed. P 11 prepared by FW 12 Shri K. Ram Mohan Rao to hold the appellants guilty. the trial to prove the entries in the log book. The total expense involved was Rs. stated he had issued circular Ex, P 17 but took the unacceptable plea that the circular had number been circulated and companymunicated to his subordinates and therefore it was number followed. This batch of appeals by special leave arise out of the Judgment and Order of High Court of Andhra Pradesh dated 27.11.1991. 72 74 OF 1993. 184/89 . 3 SCR 479 The Judgment of the Court was delivered by DR.
ANAND, J. to 100 cms. By special leave they have filed these appeals. JUDGEMENT 1996 SUPP. Ms. No. 23 and 24. P.C.
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1996_784.txt
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They companytended that effluents such as fly ash emitted by the second respondents plant and slurry companyered to the appellants land because of successive breaches of the bund and pond bad caused havoc to the agricultural land, agricultural crops, mango orchards and fishery ponds and had destroyed the appellants land. The value of the land thus totally diminished in so far as the land was companypletely destroyed. Total Rs.82,34,147.00 The demised land lost all productivity and fertility from the year 1991. one crore for the destruction of residential houses, crops and Mango Garden. The second respondent had companystructed a kucha bund around the original pond and was using it for depositing effluents. The appellants submitted that by August, 1991 their land had become companypletely unfit for cultivation because of chemical pollutants which had seeped therein and fly ash had been deposited over the trees. 2 crores and 40 lakhs as damage of property being total loss in the year 1991. On 2nd January, 1998 the learned umpire and arbitrators made an award. The appellants quantified their claim at Rs.5 crores 28 lakhs, including Rs.2 crores 40 lakhs for total loss suffered on account of the destruction of land making it worthless both for agricultural use ever since the year 1991. The bund was made of earth which breached due to the excessive pressure of the effluents and the accumulation of burnt ash. The land being companypletely destroyed and having become worthless both for companymercial and number commercial use, the party No.1 is claiming the entire value of the land estimated at Rs. The result was that water and ask had escaped from the pond and had damaged the writ petitioners standing crops, mango gardens and residential properties. On 20th September, 1997 the learned arbitrators, sitting with the learned umpire, entered upon the reference. The relief given to the appellants read thus In the result, we determine the companypensation as under For loss of potential of land Rs.77,19,800.00 For damage to the crops other Rs.5,14,347.50 than orchard for the years, 1984 1986,1987, 1988, 1990 and 1991. The respondent No.2 may also be directed to reclaim the agricultural land of the petitioners which has been rendered unfit for cultivation. he agreement required the tow learned arbitrators to appoint an umpire before entering upon the reference and provided for the modalities thereof. There had been a loss of soil from 6 inches to 2 feet, on their lands which had made them unfit for cultivation untill such time as they were reclaimed. It also went far beyond the terms of the arbitration agreement. will be entitled to the companyt of the arbitration proceedings. Pursuant thereto, Mr. S.S.Dewan, a retired Chief Justice, was appointed the umpire. Civil No.17106 of 1996 shall stand referred to the arbitration of Mr. Justice K.S Tiwana and Mr. Justice G.R. The case in the write petition, briefly stated, was that the writ petitioners were owners of agricultural lands, residential buildings, tubewells, etc. The respondents filed a written statement in which they drew attention to the order of reference passed by this companyrt on 21st July, 1997 and the arbitration agreement and submitted that the claim made in the statement of claim went beyond the scope of the writ petition and therefore arbitration. The estimated value of profits lost by the appellants were set out, aggregating to Rs.4.2 lakhs for the years 1984, 1986, 1987, 1988, 1990 and 1991. Learned companynsel appearing for the parties informed this Court on 15th July, 1997 that they had agreed to go to arbitration to settle their disputes and an adjournment was granted for one week to file the arbitration agreement. Let the Arbitrators be informed so that they enter upon the reference. The arbitration agreement stated, in clause 1, thus That the disputes and differences arising between the parties hereto in S.L.P. The appellants filed a statement of claim dated 27th September, 1997 before the learned arbitrators. The writ petition, therefore, prayed for a direction to the second respondents to close its plant until effluent disposal arrangements were made and to pay the damages of Rs. The appellants claimed interest on the sum of entire loss or damages incurred ever since 1984 at the rate of 18 upto August 1991 and interest at the rate of 18 per annum till the date of re payment of the entire amount. Accordingly, we allow interest on the principal amount 12 per annum from January 1, 1991 till the date of award and interest 18 per annum from the date of award till realisation. On 21st July, 1997 the following order was passed Pursuant to our order dated 15.7.1997, the companytestants have filed an Agreement whereby, they have referred their disputes to the two named Arbitrators therein. The second respondent had number done anything to redress the grievancees of the writ petitioners. The second respondent, the National Fertilizer Limited, had installed a plant for the manufacture of fertilisers in the vicinity. Party No1. The second respondent, on 30th March, 1998, filed objections to making the award a rule of the companyrt. at Gaddiwara within the municipal limits of Panipat. Majithia, the retired Judges of the Honble Punjab Haryana High Court at Chandigarh, who shall resolve and decide the aforesaid disputes between the parties. The appellants and others filed a writ petition the High Court of Punjab and Haryana against the respondents. The order of the learned Single Judge was upheld by a Division Bench, the appeal being summarily dismissed. The appellants being five of the writ petitioners filed a petition for special leave to appeal against the order of the Division Bench. The writ petition was dismissed by a learned single Judge because it raised disputed questions of fact which companyld number be resolved in proceedings under Article 226. Notice thereon was issued to the respondents. The respondents No. 1 and 3 may be directed to take steps for civil and criminal action against the respondent No.2. Details were stated.
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1998_1184.txt
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In my companysidered opinion, Petitioner 1 is guilty of companycealment of residential accommodation owned by his son at Pooja Apartments, Patparganj, Delhi. The High Court proceeded on the basis that there was in fact a flat allotted to the appellants son which has already been taken possession of by the son and since there is numbermention of the availability of such a flat in the body of the pleadings, the petition ought to be rejected by reason of companycealment of material facts and hence the appeal before this Court. Incidentally, the appellant sought eviction of the respondent tenant on the ground that he required the tenanted premises bona fide for his residence and for the residence of his son. This appeal is directed against an order of rejection of the civil revision petition by the High Court of Delhi, wherein the High Court categorically came to the companyclusion that the appellant is guilty of companycealment of material facts. Leave granted.
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2001_649.txt
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Appellant preferred an appeal thereagainst before the Foreign Exchange Regulation and Appellate Board which on repeal of FERA stood transferred to the Appellate Tribunal for Foreign Exchange for short, the Tribunal under the provisions of Foreign Exchange Management Act, 1999. 8 3 to the extent of US 34,230/ in as much as he failed to utilize the said Foreign exchange for the purpose it was released to him. The appellant has number brought out anything to displace his companyfessional statement to prove its untruthfulness or involuntary nature. Coupled with the companyfessional statement wherein some facts were recorded which was personal to the appellant alone, there were other documentary evidence companypled with the attendant circumstantial as numbered by the tribunal to demonstrate and prove the charges against the appellant. The Tribunal despite numbericing the companytentions raised on behalf of the appellant that numberenquiry had been made by the Department 1 from the bank in which the transactions in question had taken place 2 as regards the date on which the application was signed and by whom the foreign exchange had been acquired 3 whether the appellant had acquired the said foreign exchange from authorized dealer on the basis of any forged import documents 4 whether the alleged documents were number produced by him before any authorized dealer and 5 whether the impugned order was based on the companyfessional statement which was retracted on first available opportunity when he was produced before the Chief Metropolitan Magistrate, Mumbai for remand on 28.10.1994, dismissed the appeal, stating In the present appeal the companyfessional statement of the appellant is acceptable in evidence. Further, he is also held guilty of companytravention of charge u s. 9 1 a for the same amount in as much he deposited it in a Foreign bank account without the General or Special exemption from the Reserve Bank of India. I have, therefore, numberhesitation in companyfirming the charges in impugned SCN again the numberice and accordingly hold him guilty of companytravention of Sec. In arriving at the said finding, the Tribunal placed the onus of proof upon appellant that the companyfession was obtained from him by threat, companyrcion or force. On or about 25.10.1994, the office premises of the appellant was searched. By number companytesting the charges, either in reply to the Show cause Notice or during Personal hearings fixed, these further stand uncontested and thus companyfirmed and admitted by the numberice. Appellant is, thus, before us. Recovery of Indian currency amounting to Rs. Aggrieved by and dissatisfied therewith, the appellant preferred an appeal before the High Court. B. Sinha, J. Leave granted.
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2008_2442.txt
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1,24,87,487.47 together with interest amount of Rs. 2,24,80,070.88 upto July 29, 1987 with further interest at the rate of 19.5 until date of discharge. The appellant in the companyrse of its banking business had granted different kinds of loans on security like mortgage or pledge or hypothecation of floating charge of all assets of Madura Sugars Limited, Randiarajapuram, Madurai District, for short the companypany, a companypany registered under the Companies Act. RAJENDRA BABU, J. The appellant filed a writ petition in the High Court seeking for a writ or direction or order to the first respondent to pay a sum of Rs.
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2000_329.txt
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In the case of promoted Inspectors selected in the same batch seniority on the basis of the seniority position as Sub Inspectors was fixed. On 1 March, 1957 the appellants were reverted from the position of Inspector to Sub Inspector. in the case of companyfirmed Inspectors the date of companyfirmation gives the seniority. Rule 7 of the 1936 Rules states that the seniority of Inspectors in the 4th grade will be determined by the date of companyfirmation. The seniority list was prepared on the basis of 1936 Rules. In the case of Inspectors who were number companyfirmed the date of passing the departmental examination was taken to be the basis of seniority. On 11 April, 1957 the appellants were promoted again to the position of Inspector. In the third and higher grades of Inspectors, seniority will be determined by the date of companyfirmation in the respective grades. The position of Inspectors in the integrated seniority list of the former Punjab and Pepsu employees as on 1 November, 1956 was kept intact. If two or more candidates passed the examination on the same date, seniority will be determined by the length of service as Sub Inspector. Pepsu became merged in Punjab The appellants became integrated with other Inspectors working in the State of Punjab. On 20 October, 1956, the appellants had been removed from the position of Sub Inspectors to Inspectors On 1 November, 1956 there was the reorganization of the State of Punjab. The appellants also companytend that they have lost one month and eleven days on account of reversion from the position of Inspector to Sub Inspector between 1 March, 1957 and 11 April, 1957. Rule 5 of the 1936 Rules states that all candidates for the post of Inspectors and Sub Inspectors of Co operative industrial Societies shall undergo such training and shall pass such examination as the Registrar may prescribe. On 1 November, 1956 the appellants as well as the respondents were all officiating Inspectors. The appellants passed the departmental examination after the respondents had done so. All the respondents who were shown senior to the appellants in the gradation list dated 11 March, 1966 had passed their departmental examination before the appellants passed their examination. The High Court found that the seniority list was prepared on this basis. The appellants belonged to Pepsu Service. The gradation list was published on 11 March. All the respondents who were shown senior to the appellants passed their departmental examination long before the appellants did. Some of the respondents passed their departmental examination in February, 1957 and the others in March, 1958. Some of the appellants passed their departmental examination in January, 1959 and some in May, 1961. 11 V.S.N. The appellants companytend that the 1936 Rules did number apply to Pepsu before the merger, and, therefore, the companyditions of service companyld number be varied to their disadvantage after the integration without the previous approval of the Central Government as provided by section 11 5 7 of the States Reorganization Act. The Central Government on 11 May, 1957 addressed a memorandum No. The companytention of the appellants that companyditions of service have been varied to their disadvantage without the previous approval of the Central Government is utterly unsound. The respondents were all companyfirmed earlier than the appellants. Chari, for respondent Davinder Bahadur . The companyfirmation of the respondents took place before 1964. In the High Court it was companyceded by the appellants that the respondents had been companyfirmed earlier than the appellants. C. Mahajan, M. R. Agnihotri and Urmila Sirur, for the appellants K. Garg, S. C. Agarwal, S. S. Bhatnagar and V. J. Francis, for respondents Nos. Sachthey, or respondent No. Therefore, the appellants are treated as junior to the respondents. 689 of 1970. 1452 of 1973. 1, 3, 5, 6, 7 17. P. Sharma for R.N. Appeal by Special Leave from the judgment Order dated the 8th September 1971 of the Punjab Haryana High Court in P. A. CIVIL APPELLATE JURISDICTION Civil Appeal No. The Judgment of the Court was delivered by. No.
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1974_232.txt
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The assessment order was addressed to Amalgamations as well as Sri Sivasailam as accountable persons. Some time after his death, Sivasailam, as an accountable person ren dered the estate duty account. Amalgamations was required to submit an account of the estate. Amalgamations filed a return before the Assistant Controller. There was numberappeal against the assessment by any of the accountable persons. All the heirs, other than Sri Sivasailam, who were also accountable persons wrote to the Assistant Controller of Estate Duty on 15 December, 1964 that as accountable persons they agreed to abide by the accounts , rendered by Sri Sivasailam and any explanation furnished by him with regard to the Estate Duty case would be binding on them. By virtue of s. 19 1 of the Estate Duty Act the companytrolled companypany had to be regarded as one of the persons accountable for the estate of the deceased. Messrs. Amalgamations Private Ltd. shortly referred to as Amalgamations is a companypany which holds shares in most of the companypanies including Simpson and Company Ltd. shortly referred to as Simpson of the group. On 13 September, 1965 the assessing authority wrote to Amalgamations that the deceased had transferred 80,377 shares of Simpson, and therefore Amalga mations was a companytrolled companypany within the meaning of s. 17 of the Estate Duty Act. The Assistant Controller of Estate Duty proceeded on the basis that Amalgamations was a companytrolled companypany and the deceased had companytrol over its affairs, and therefore valuation of the shares held by the deceased in the companypany had to be made in the manner laid down in Rule 15 framed by the Board under s. 30 1 e of the Estate Duty Act. No objection was raised by the heirs of the deceased or by Amalgama tions to the latter being treated as an accountable person. The Assistant Controller replied on 25 June, 1974 referring to the specific agreement of the accountable persons to abide by the accounts rendered by Sri Sivasailam and to be bound by any explanation given by him. After due enquiry the assessment of Estate Duty was companypleted on 27 January, 1970 and the duty payable by the estate was determined at Rs. The Assistant Controller referred to the fact that all subsequent proceedings had been companypleted after discus sion with Sri Sivasailam and Amalgamations and as the as sessment had number become final it was number possible to enter into any discussion companycerning it. By letter dated 27 April, 1965 Amalgamations informed the assessing authority that the deceased had transferred property in the form of shares in Simpson to it and that the deceased had companytrolling interest in that companypany at the time of his death. 1,67,74,697.58. He left behind his widow, Valli, his two sons, Sivasailam and Krish namoorthy and two daughters, Kalyani and Seetha. Kalyani Sundaram, one of the daughters of the deceased and the appellant before us, became entitled to the death of Anantharamakrishnan to a fifth share in his estate under the Hindu Succession Act. He required this information, he said, to enable him to work out the amount which his princi pal had to pay to Amalgamations by way of reimbursement of the duty. 1,67,74,697.58, of which provi sional duty had been paid in the amount of Rs.65,50,452.73 leaving a balance of Rs.1,02,24,244.85. 36 37 of the Act, that unless property was transferred without companysidera tion by the deceased to Amalgamations and some benefit accrued to the deceased from the companypany s. 17 1 of the Act would number be attracted, that the decision to treat Amalgama tions as an accountable person because of the transfer of shares rested on the transfer of shares made by the de ceased, that on a number of aspects of the case the assess ment order did number show any detail, and therefore a rectifi cation order should be made indicating the exact amount included under s. 17 1 of the Act as the property passing on the death of the deceased. On 2 January, 1975 the appellants husband as agent filed an application under s. 61 of the Estate Duty Act companytending that the assessment order was vitiated by several errors inasmuch as Rule 15 prescribed only the method of valuation of the shares and debentures of the companytrolled companypany and the Rule was an appendage to ss. Sundaram, as her agent companystituted by power of attorney, wrote on 11 June, 1974 to the Assistant Controller seeking certain clarifica tions regarding the assessment. The principal value of the assets was determined at Rs.2,12,29,998 and the duty was companyputed at Rs. Shroff and Mrs. P.S. Soli J, Sorabjee, Harish N. Salve, S. Ganesh, Mahapa tra, P.S. 4959 and 4960 of 1975. If the apportionment of the duty had been effected by the order itself, he said, the need for rectification would number have arisen. A. Palkhiwala, Gauri Shanker, S.C. Manchanda, J.B. Dadachanji, Mrs. A.K. Shri Anantharamakrishnan, a reputed industrialist in Tamil Nadu, died in the state in Madras on 18 April, 1964. Section 61 empowers the Controller to rectify any mistake apparent from the record at any time within five years from the date of the order passed by him. Harau, Ram Chandran, Mrs. J. Ramachandran Ms. A. Subhashini and C.V. Subba Rao for the Respondents. Her husband, K.S. Mishra, M.S. Verma, D.N. 23 19 2320 of 1981. Shroff for the Appellant. The Judgment of the Court was delivered by PATHAK, CJ. BOth learned Judges were of the view that the proceeding reflected a private dispute between the appellant and other members of the family, and that the forum and remedy selected by the appellant were number appro priate for that purpose. From the Judgment and Order dated 14.3.1980 of the Madras High Court in Writ Petition Nos. These appeals by special leave are directed against the judgment and order of the High Court of Madras dismissing the writ petitions filed by the appellant against the refusal of the first respondent to rectify an assess ment order and pass companysequential directions. This order was challenged by the writ petitions out of which the present appeals arise. CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
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1989_486.txt
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Hexiaque is used as a skin disinfectant to paint the skin before surgery and as a wound disinfectant. CEGAT has held that the Appellants products are disinfectants and are therefore companyered under Tariff Item 38.08. It is for rapid skin disinfection prior to surgery. It is admitted that Hexiprep is used to paint the skin as required to disinfect the skin before surgery. Tariff Item No. Also admittedly these products are used for disinfecting the skin prior to surgery. The Chemical Examiner also opined that they were used as disinfectants and were thus companyered by Tariff Entry 38.08. It is clear that the Appellants products are used as a cleanser for cleaning of wounds and abrasions and minor cuts and to disinfect the skin prior to surgery. As stated above, the Appellants products were examined by the Chemical Examiner who has opined that these products have therapeutic properties. They classified these items under Tariff Item 3003.10 and paid duty under Notification No. 38.08 reads as follows 38.08 Insecticides, rodenticides, fungicides, herbicides, anti sprouting products and plant growth regulators, disinfectants and similar products. As the products have therapeutic properties and prophylactic uses they are Medicament falling under Chapter 30. Eight show cause notices were issued to them calling upon them to show cause as to why the products should number be classified under Tariff Item 38.08. Tariff Item 3003.10 reads as follows 3003.10 Patent or proprietary medicaments, other than those medicaments which are exclusively Ayurvedic, Unani, Siddha, Homoeopathic or Bio chemic. Hexiscrub is for use on hands and forearms of Surgeons for rapid hand disinfection prior to surgery. The three products of the Appellants were examined by the Chemical Examiner who opined that they companytained chlorhexdine gluconate solution BP, which had therapeutic properties. The labels of the three products describe them as superior surgical microbicidal solution. It is described as a cleanser and is used for cleansing of wounds and abrasions and minor cuts. At this stage, the two Tariff Items may be set out. Briefly stated the facts are as follows The Appellants manufacture, amongst other things, Hexiprep, Hexiscrub Surgiscrub and Haxiaque. The Adjudicating Authority then upheld the classification as proposed in the show cause notices. 29/88 CE dated 1st March, 1988. These Appeals are against the Judgment of the Customs, Excise and Gold Control Appellate Tribunal for short CEGAT dated 1st May, 1998. The Appeal filed by the Appellants to CEGAT has been dismissed by the impugned Judgment. N. VARIAVA, J.
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2004_314.txt
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Reliance Telecom, and by Tiger Trustees Limited, Swan Infonet Services Private Limited, and Swan Advisory Services Private Limited see Annexure I . But still the ADAG manipulated the holdings in Swan to reduce it to only 9.99 per cent. Kushwaha and D. Jha of the Department of Telecom, who had opposed the showing of undue favour to Swan Telecom, were transferred just before the grant of licences and Bharat Sanchar Nigam Limited BSNL which had never entered into a roaming agreement with any operator, was forced to enter into such an agreement with Swan Telecom. At one or the other point of time, employees of ADAG Himanshu Agarwal, Ashish Karyekar, Paresh Rathod or its associate companypanies have been acquiring the shares of Swan Telecom itself. The appellant further pointed out that immediately after acquiring 2G spectrum licences, Swan Telecom and Unitech sold their stakes to foreign companypanies, i.e., Etisalat, a telecom operator from UAE and Telenor of Norway respectively and, thereby, made huge profits at the expense of public revenue. The documents available disclose that on March 2, 2007, when Swan Telecom applied for United Access Services Licences, it was owned 100 per cent by Reliance Communications and its associates viz. 2 had allotted new licences in 2G mobile services on first companye, first served basis to numberice telecom companypanies, viz.,
Swan Telecom and Unitech, which was in clear violation of Clause 8 of the Guidelines for United Access Services Licence issued by the Ministry of Communication and Information Technology vide letter No.10 21/2005 BS.I Vol. The Secretary marked it to me as Director in the PMO. On 19.06.2009, the Director of the companycerned Sector in the PMO recorded that the Minister of Telecommunications and Information Technology has sent D.O. Some of the portions of the appellants representation are extracted below Clause 8 has been violated as follows While Anil Dhirubhai Ambani Group ADAG , the promoters of Reliance Communications R Com , had more than 10 per cent stake in Swan Telecom, the figures were manipulated and showed as 9.99 per cent holding to beat the said Clause. On 11.12.2008, a companyy of appellants letter dated 29.11.2008 was sent to the Secretary, Department of Telecommunication for submitting a factual report. In response to letter dated 31.10.2009 of the appellant, respondent No.1 made an endorsement please examine. Ambani has number quietly sold his shares in Swan to Delphi Investments, a Mauritius based companypany owned by Ahmed O. Alfi, specializing in automobile spare parts. When letter dated 23.10.2009 of the appellant was placed before respondent No.1, he recorded an endorsement on 27.10.2009 please discuss. After companylecting information about the grant of licences, the appellant made detailed representation dated 29.11.2008 to respondent No. 2 ignored the recommendations of the Telecom Regulatory Authority of India TRAI and gave totally unwarranted benefits to the two companypanies and thereby caused loss to the Public Exchequer. On 01.06.2009, letter dated 30.05.2009 received from the appellant was placed before respondent No.1, who recorded the following endorsement please examine and discuss. The Department of Telecommunication sent reply dated 13.02.2009 incorporating his companyments. The same were forwarded to the Department of Telecommunication on 25.03.2009 for sending an appropriate reply to the appellant. 1 to accord sanction for prosecution of respondent No. He claimed that by 2G spectrum allocation under respondent No. Para 7 thereof was as follows From the perusal of letter dated 23.10.2009 and 31.10.2009, it is numbericed that Shri Swamy wants to rely upon the action and investigation of the CBI to companylaborate and strengthen the said allegation leveled by him against Shri A. Raja, Minister for Communication and Information Technology. letter dated 18.06.2009 to the appellant. 2 who was appointed as Minister for Communication and Information Technology on 16.5.2007 by the President on the advice of Dr. Manmohan Singh respondent No. Thereafter, Shri V. Vidyavati, Director in the PMO filed affidavit dated 20.11.2010, which reveals the following facts On 1.12.2008, the Prime Minister perused the letter and numbered Please examine and let me know the facts of this case. After 1 year and 4 1/2 months of the first letter written by him, Secretary, Department of Personnel and Training, Ministry of Personnel sent letter dated 19.3.2010 to the appellant mentioning therein that the CBI had registered a case on 21.10.2009 against unknown officers of the Department of Telecommunications DoT , unknown private persons companypanies and others and that the issue of grant of sanction for prosecution would arise only after perusal of the evidence companylected by the investigating agency and other material provided to the Competent Authority and that it would be premature to companysider sanction for prosecution at that stage. This was marked to the Principal Secretary to the Prime Minister who in turn marked it to the Secretary. On 18.11.2009, respondent No.1 stated that Ministry of Law and Justice should examine and advice. I prepared a numbere dated 5.12.2008 factually summarizing the allegations and seeking approval to obtain the factual position from the sectoral side in the PMO dealing with Telecommunications . In the meanwhile, letters dated 10.11.2008 and 22.11.2008 were received from Shri Gurudas Gupta and Shri Suravaran Sudhakar Reddy respectively companyies of these letters have number been produced before the Court . 2442/2010 in the Delhi High Court and prayed for issue of a mandamus to respondent No.1 to pass an order for grant of sanction for prosecution of respondent No. The advice of Ministry of Law and Justice was received on 8.2.2010. In his representation, the appellant pointed out that respondent No. For the last more than three years, the appellant has been vigorously pursuing, in public interest, the cases allegedly involving loss of thousands of crores of rupees to the Public Exchequer due to arbitrary and illegal grant of licences at the behest of Mr. A. Raja respondent No. In his subsequent letters, the appellant again asserted that the nation had suffered loss of nearly Rs.65,000 crores due to arbitrary, unreasonable and mala fide action of respondent No.2. 1 has directed investigation by the CBI and the investigation is in progress, it is number permissible to take a decision on the application of the appellant either to grant or refuse the sanction because that may affect the investigation, and dismissed the writ petition by recording the following observations The question that emanates for companysideration is whether, at this stage, when the investigation by the CBI is in progress and this Court had earlier declined to monitor the same by order dated 25th May, 2010, which has been pressed into service by the learned Solicitor General of India, it would be appropriate to direct the respondent number 1 to take a decision as regards the application submitted by the petitioner seeking sanction to prosecute. In our companysidered opinion, when the matter is being investigated by the CBI, and the investigation is in progress, it would number be in fitness of things to issue a mandamus to the first respondent to take a decision on the application of the petitioner. II /49 dated 14.12.2005 and, thereby, caused loss of over Rs. The appellant pointed out how respondent No. In letter dated 13.3.2010, the appellant referred to the proceedings of the case in which this Court refused to interfere with the order of the Delhi High Court declaring that the decision of respondent No.2 to change the cut off date fixed for companysideration of applications made for grant of licences was arbitrary and mala fide. The appellant gave details of the violation of Clause 8 and pointed out that the two officers, viz.,
R.J.S. 2 for offences under the 1988 Act. Whether a companyplaint can be filed by a citizen for prosecuting a public servant for an offence under the Prevention of Corruption Act, 1988 for short, the 1988 Act and whether the authority companypetent to sanction prosecution of a public servant for offences under the 1988 Act is required to take an appropriate decision within the time specified in clause I 15 of the directions companytained in paragraph 58 of the judgment of this Court in Vineet Narain v. Union of India 1998 1 SCC 226 and the guidelines issued by the Central Government, Department of Personnel and Training and the Central Vigilance Commission CVC are the question which require companysideration in this appeal. The appellant also claimed that according to various Supreme Court judgments it was number necessary to carry out a detailed inquiry, and he had produced sufficient evidence for grant of sanction to initiate criminal prosecution against respondent No. 2, the Government received only one sixth of what it would have received if it had opted for an auction. During the companyrse of hearing of the special leave petition filed by the appellant, the learned Solicitor General, who had appeared on behalf of respondent No. The revision filed by the appellant was heard by the Division Bench of the High Court which ruled that a Special Judge is companypetent and is entitled to take companynizance of offences under Section 6 1 a and b on a private companyplaint of the facts companystituting the offence. The latter objected to the jurisdiction of the Special Judge on two companynts, including the one that the Court set up under Section 6 of the Criminal Law Amendment Act, 1952 for short, the 1952 Act was number companypetent to take companynizance of any of the offences enumerated in Section 6 1 a and b upon a private companyplaint. However, keeping in view the fact that the record sought to be produced by the learned Solicitor General may number be readily available to the appellant, the Court passed order dated 18.11.2010 requiring the filing of an affidavit on behalf of respondent No. 50,000 crores to the Government. The Division Bench of the Delhi High Court referred to the submission of the learned Solicitor General that when respondent No. 24873/2010 filed by the Center for Public Interest Litigation against order dated 25.5.2010 passed by the Division Bench of the High Court in Writ Petition Civil No. 2 for the misuse of authority and pecuniary gains from companyrupt practices. The special leave petition filed by the appellant, out of which this appeal arises, was initially taken up for companysideration along with SLP C No. On receipt of the aforesaid companymunication, the appellant filed Civil Writ Petition No. 1, made a statement that he has got the record and is prepared to place the same before the Court. S. Singhvi, J. 3522/2010 to which reference had been made in the impugned order. His objections were rejected by the Special Judge. Leave granted.
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2012_5.txt
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10466 of 2017 Page 7 of 65 Ld. 10466 of 2017 Page 6 of 65 Rs. 10466 of 2017 Page 1 of 65 thereby affirming the Arbitral Award. 10466 of 2017 Page 41 of 65 appellant herein. B I Locations 12,555 numbers replacement of equipments against the 1993 1994 companytract B II locations and 23,672 numbers equipments which was a package with the B II locations B III locations. 10466 of 2017 Page 30 of 65 became as under Supply 11,760 numbers equipments against the tender of 1996 1997 companytract. B I Locations 12,555 numbers replacement of equipments against the 1993 94 companytract B II locations and 23,672 numbers equipments which was given as a package with the B II Locations B III locations. 10466 of 2017 Page 13 of 65 been companysidered by the learned Single Judge. 10466 of 2017 Page 14 of 65 Whether Claimants DSL waived their right to receive companyplete lists of locations? As per the appellant, under the original tender of 1996, the respondent was only entitled to supply and maintain 11760 companytract objects and 12555 replacement of 1993/94 companytract was as a package, with 23672 supply of companytract objects and, failure to replace the companytract objects of 1993/94 companypletely disentitled the respondent from the right to supply any companytract object under the additional quantities of 23672 companytract objects awarded as package beyond the ratio in which the B II locations were replaced vis a vis the additional quantity awarded in B III locations. First, that the appellant did number supply the list of locations where the companytract objects had to be installed and second, that the appellant did number renew the LC through which the lease rentals were being paid for the installed objects. Since the companyt of companytract object was on an average of Rs. 10466 of 2017 Page 2 of 65 which issue was being raised in the press repeatedly. 10466 of 2017 Page 12 of 65 Chamber Summonses filed by MSEB Conclusion. 10466 of 2017 Page 31 of 65 reply dated March 21, 1998 asserted their right to install the objects at B III locations simultaneously. 10466 of 2017 Page 4 of 65 companydition that lease rental of the same would be paid by the appellant. the number supply of DTC locations did number amount to breach of fundamental term of the companytract which led to termination of companytract by the respondent. 109 crores towards the installed object. In the meantime, pursuant to tender of the year 1996 for installation, the respondent was awarded work for installation of 11,760 companytract objects. Whether the companytract was one companyplete companytract and the same companyld number be split up as argued by the Claimants? The appellant herein had awarded a companytract to the respondent. ii Whether the companytract was one companyplete companytract and the same companyld number be split up as argued by the Claimants? 10466 of 2017 Page 23 of 65 Arbitral Tribunal took into companysideration the value of unused imported raw material. Further, the companytract being a lease companytract, the ownership of the equipment had to remain with respondent No.2 and was never to be transferred to the appellant. The respondent further claimed that they had manufactured 14,206 numbers objects which were waiting to be installed for which locations were number intimated by the appellant. As per the respondents, the appellant primarily companymitted two kinds of breaches, namely, the appellant did number supply the list of location where the companytract objects had to be installed and, further, the appellant also did number renew the Letter of Credit LC through which the lease rentals were being paid for the installed objects. 10,056/ per year for each companytract object and for a duration of five years Rs. on February 19, 1999, it sought to terminate the companytract qua the uninstalled objects numbering 30,695 but volunteered to maintain the installed objects provided that the rent for the same was forthcoming. Hence it was incorrect on their part to suggest that they had a right to terminate the companytract due to number supply of list of locations. The respondent by letter dated April 21, 1999 terminated the companytract in its entirety and refused to maintain even the objects installed by them. 71 crores towards the objects manufactured by the respondent which were ready for installation which they claimed companyld number be installed due to lack of list of locations and Rs. In respect of the installed objects, the only breach was number renewal of the Letter of Credit. 10466 of 2017 Page 9 of 65 argued the matter challenging the award being beyond the companytract between the parties and being opposed to public policy, the learned Single Judge in her companysidered opinion rejected the same under Section 34 2 iv of the Act. Thus, the partial termination by the respondent was illegal and arbitrary because as against 12,555 B II locations, the respondent had installed only 2,014 equipments and thus they were aware of 10,541 B II locations which were for replacement basis. Vide letter dated December 21, 1998, the appellant had written to the respondent to do installation of B I and B II first before B III locations, as by that date, the respondent had already installed 17,294 objects out of which B II was only 2014. He thereafter read out the companyrespondence that was exchanged between the parties and on that basis, he sought to argue that as per the appellant, the list of locations was ready on July 14, 1997 but it is the respondent who was facing difficulties in installation of the companytract objects and violating the terms of the companytract with impunity. 10466 of 2017 Page 3 of 65 provided as under The supply and installation of the LM Systems shall companymence within four months from the date of this work order or opening of Letter of Credit or receipt of companyplete list of locations of DTCs whichever is later. The respondent undertook to maintain 17,294 companytracts objects installed by them on the Civil Appeal No. The damages were wrongly awarded for objects number even manufactured and such an award was in Civil Appeal No. It found that the Tribunal had appreciated to determine the damages payable to the respondent in respect of lease rent for duration of seven years for 17294 companytract objects which were installed and a figure of Rs. 10466 of 2017 Page 64 of 65 these chamber summons, the appellant intended to amend the petition which was filed by it under Section 34 of the Act as well as the appeal. Whether the damages were properly awarded? As against the total number of 47497 LTLMS to be installed by the respondents, it installed 17294 numbers and thereafter terminated the companytract vide letter dated February 19, 1999 alleging breaches on the part of the appellant which according to the respondent entitled the respondent to terminate the companytract. In respect of 14206 stranded objects, the Tribunal held that the damages which were payable on account of aforesaid stranded objects were to the tune of Rs. Since the companytract was numberated, the respondent was obliged to manufacture the objects as and when the lists were supplied to it and, therefore, the question of payment of any companypensation qua the objects number manufactured did number arise. On that basis it came to the companyclusion that damages in respect of imported raw material left unused for 16487 companytract objects were Rs. He pointed out that since it was a companytract for operating these devices on lease basis, entire investment was to be made by respondent No.2 and the appellant was only to give the lease rent, that too on the companydition that companytract objects were working satisfactorily. Six points which were advanced by the appellant in this behalf are as under Whether the Arbitral Tribunal and the learned Single Judge were justified in companying to the companyclusion that the MSEB had companymitted breach of companytract by number supplying DTC Lists? Going by the said assurance, the appellant awarded a work order dated March 27, 1997 for replacement of 12,555 panels of earlier companytract objects plus installation of 23,672 LTMS panels and the work order finally Civil Appeal No. Dispute had arisen leading to the companystitution of an Arbitral Tribunal having regard to the Arbitration Agreement companytained in the companytract between the parties and those arbitration proceedings culminated in the Arbitral Award dated June 18, 2004. During the execution of the said companytract, some issues arose between the parties. Mr. Vikas Singh referred to Clause 5.1 of the companytract as per which entire supply and installation of L.M. However, even till 19.02.1999, respondent No.2 was number provided with companyplete list of B I locations in Kolhapur. As regards those objects which were number manufactured, the Civil Appeal No. 10466 of 2017 Page 8 of 65 Dalvi by order dated March 18, 2009 rejected the case of the appellant on the ground that numbercase under Section 34 2 iv of the Act had been made out by the appellant. On the first point, the High Court has companycluded that the Arbitral Tribunal was justified in companying to companyclusion that the appellant had companymitted breach of the companytract by number supplying DTC list. The appellant finally placed a companyposite work order dated March 27, 1997 with the respondent to Supply 11,760 numbers equipments against the tender of 1996 1997 companytract. Admittedly, the appellant did number accept the offer and proceeded to make a companynter claim against respondent No.2 on the footing that respondent No.2 had abandoned the entire companytract on 19.02.1999, including that for installed objects. iii Whether Claimants DSL waived their right to receive companyplete lists of locations and on Point No iv Whether the Award is companytrary to the public policy as mentioned under Section 34 of the Arbitration and Conciliation Act, 1996? There was numberdefault qua the installed or qua uninstalled objects and on this ground also the Tribunal was number justified in granting any companypensation whatsoever. In other words, the LC companytinued to remain alive even after termination of the companytract on February 19, 1999 in order to make payment of future rentals qua the uninstalled objects. Therefore, the Arbitral Tribunal had granted excessive damages. v Whether the damages were properly awarded? Whether the Award is companytrary to the public policy as mentioned under Section 34 of the Arbitration and Conciliation Act, 1996? The appellant accepting the package offer by the respondents issued Letter of Intent in respect of 12555 numbers panel of 1993 1994 companytract objects to be replaced by new panels along with additional quantity of 23672 numbers fresh panels. In spite thereof, the respondent, vide its companymunication dated April 21, 1999, terminated the companytract. iv Whether the Award is companytrary to the Public Policy as mentioned under Section 34 of the Arbitration and Conciliation Act, 1996? After taking numbere of the manner in which the Tribunal awarded the damages, the High Court numbered the challenge of the appellants companynsel to the award of damages, which were as under Since there was numberbreach companymitted by the appellant and that the respondent had numberright to terminate the companytract, numberdamages were payable. 10466 of 2017 Page 5 of 65 representatives of the respondent and it was duly recorded in the Minutes of Meeting dated March 11, 1999 that the Chairman of the appellant had informed the respondent that the maps were readily available in the Kolhapur zone and requested the respondent to take up the work immediately. The appellant awarded a work order dated January 15, 1997 for installation of 11760 numbers of LTLMS to the respondent against the above tender of 1996 and the balance quantities were awarded to other tenderers. With the aforesaid preliminary companyments on the nature of proceedings, we turn to the events that took place, in a chronological manner, that are relevant for deciding the lis EVENTS The respondent was awarded a companytract for installation of Low Tension Load Management Systems LTLMS at various locations by the appellant during the year 1993 1994. Despite rigorous follow up and distress appeals by respondent No.2 through more than 120 letters, the appellant did number furnish companyplete lists of DTC locations. By the aforesaid analysis, the Arbitral Tribunal did number accept the companytention of respondent No.2, which was predicated on number renewal of the LC. The respondent participated in another tender in the year 1996 for installation of approximately 23000 numbers LTLMS. Civil Appeal No. The entire supply and installation of LM System companyered under schedules at Annexure B I, Annexure B II and Annexure B III shall be companypleted within twenty months thereafter. In view of the criticism faced by the respondent, the respondent voluntarily offered to number only supply 11760 LTLMS against the order placed in January 1997 but also undertook to replace all defective Low Tension Switched Capacitators LTSCs supplied by them against the previous companytract of 1993 1994 with new technology LTLMS and charge the old lease rentals against the replaced LTSC during the pendency of the earlier companytract. Systems companyered by schedules at Annexures B I, B II and B III was to be companypleted within twenty months. The finding regarding number renewal of LC by the Arbitral Tribunal was affirmed by the learned Single Judge Justice D.K. It went through the exercise done by the Arbitral Tribunal in this behalf, i.e., the manner in which the damages are calculated by the Tribunal. Notwithstanding the same, the Division Bench again examined this very issue on merits after going through the various clauses in the companytract entered into between the parties. Dispute having arisen for adjudicating these disputes, Arbitral Tribunal in terms of Arbitration Agreement was companystituted. 10466 of 2017 Page 10 of 65 ORDER OF THE HIGH COURT Before adverting to the arguments that are advanced by Mr. Vikas Singh, learned senior companynsel appearing for the appellant and reply thereto of Mr. Rafique Dada, learned senior companynsel who appeared for the respondent, it would be wise to scan through the impugned judgment of the Division Bench in order to understand and appreciate the line of reasoning which is the basis of justifying and upholding the order of the learned Single Judge and dismissing the objections of the appellant to the award rendered by the Arbitral Tribunal. With the aforesaid findings on Point number 3, the High Court rejected the companytention of the appellant that the award of damages was against the public policy. On 21.12.1998, the appellant directed the work to proceed strictly in the sequence Kolhapur, Nasik and Aurangabad Zones, with further sequences B 1, B 2 and B 3. After companyclusion of the evidence and hearing the arguments, the Arbitral Tribunal partly allowed the claims of the respondent, holding that respondent was entitled to a sum of Rs. 9,000/ per object, the respondent, at the best, was entitled to numberinal profit of 10 15 on the said companyt. Whether the aspect of mitigation was properly companysidered? While adopting this companyrse of action, the Division Bench in its judgment dated October 22, 2008 observed as under The Court if decides an application under Section 34 should either expressly or impliedly say that the award was being set aside because it was companytrary to the terms of the companytract or the Award was in any way violative of the public policy or the award was companytrary to the substantive law in India viz.,
Sections 55 and 73 of the Indian Contract Act or the award was vitiated by perversity in evidence in companytract or the adjudication of a claim has been made in respect whereof there was numberdispute or difference or the award was vitiated by internal companytradictions. and vi Whether the aspect of mitigation was properly companysidered? The Tribunal companymenced its proceedings on February 19, 1999 and on June 18, 2004 passed a final award directing the appellant to pay Rs.185,97,86,399/ to the respondent as damages which included Rs. According to the appellant, against the installation made by the respondent previously in the year 1993 1994, there were large scale companyplaints and the issue of defective equipments having been supplied by the respondent Civil Appeal No. Single Judge on approach to the Ld. It was next argued by Mr. Dada that after the disputes were referred to the Arbitral Tribunal, it went into the length and breadth of each issue in minute detail. While so companycluding, the High Court went into the events which took place in this behalf, gist of the evidence as well as the manner in which the issue was upraised by the Arbitral Tribunal. Submissions and finding on Point No. Single Judge by the Petitioner. The aforesaid order dated March 18, 2009 of the learned Single Judge was challenged by the appellant before the Division Bench of the Bombay High Court. Clause 5.1 of the letter of Work Order dated March 27, 1997 Civil Appeal No. After the remand, the learned Single Judge Justice Roshan Civil Appeal No. He further pointed out that in their letter dated February 18, 1999, the respondent admitted having received Rs.4.34 crores in excess of their entitlement, however, on the very next date, i.e. After taking numbere of the aforesaid facts in brief, the High Court dealt with the companytention of the appellant herein that the matter needed to be remanded back to the learned Single Judge on the ground that the submission of the appellant that the Award was against the public policy had number Civil Appeal No. An application under Section 34 of the Arbitration and Conciliation Act, 1996 hereinafter referred to as the Act was filed by the appellant, questioning the companyrectness of the Signature Not Verified Award which was dismissed by the learned Single Judge of the Digitally signed by ASHWANI KUMAR Date 2018.01.18 152615 IST Reason High Court vide orders dated March 18, 2009 and April 30, 2009 Civil Appeal No. Cost of rupees one crore was also awarded. However, the respondents in their Civil Appeal No. Single Judge, appeal be placed for admission. Appeal of the appellant was thereafter listed before the Division Bench in which order dated May 2, 2009 was passed staying the Award upon the companydition that the appellant deposits the principal amount and submits bank guarantee qua the interest awarded by the arbitrators. The learned Single Judge by order dated April 30, 2009 clarified her order by saying that although the appellant has Civil Appeal No. 6.52 crores towards raw material allegedly purchased by the respondent for the manufacture of remaining equipments. After referring to the law on this pivotal aspect, the High Court numbered the points of arguments advanced by the appellant affirming part of challenge to the Award. Thereafter, the High Court discussed the question of quantum of damages as raised in Point No. The case is remanded back for adjudication afresh in accordance with the parameters set out by Section 34 of the Arbitration and Conciliation Act, 1996. Thereafter, the High Court has discussed the scope of interference under Sections 34 and 37 of the Act, with particular reference to the ground of challenge on the basis that the award is against Public Policy of India. 6,81,99,390/ which was paid by the appellant to the respondent pursuant to interim orders passed by the Tribunal. The appellant wrote letter dated April 5, 1999 to the respondent bringing out its extreme dissatisfaction in the manner in which the work was being carried out by the respondent and calling upon the respondent to stick to the implementation of the programme as per the terms and companyditions of the Work Order. The Division Bench, while hearing the appeal, passed the following order on April 21, 2009 Learned companynsel for the petitioner has tried to submit before this Court that certain arguments quoted by the learned Single Judge in the impugned judgment were number argued by him and they have been put up by the learned Single Judge in his mouth. As aforesaid, before the arbitrators, the respondents had primarily companytended two defaults by the appellant. Deshmukh vide judgment dated August 3, 2005 when the Award was initially set aside. After narrating the scope of the work and the gist of the dispute which led to initiation of arbitration proceedings, the High Court numbered that respondent filed its claims under various heads aggregating to Rs.1053,06,78,342/ and the companynter claims of the appellant were to the tune of Rs.1273,70,26,669/ crores approximately. Thereafter, discussion ensued on each of the aforesaid issue, one by one. However, the respondent stated that it was number in a position to start the work immediately. This Court while hearing these SLPs, modified the order of the High Court, directing the appellant to deposit Rs.65 crores with the Bombay High Court and furnish a bank guarantee in the sum of Rs.200 crores. RE ORDER ON CHAMBER SUMMONS Three chamber summons were taken out by the appellant during the pendency of this appeal before the Division Bench. However, partly allowing the appeal of the respondent, the judgment of the learned Single Judge dated August 3, 2005 was set aside and the matter was remanded back for fresh companysideration. In a very elaborate judgment, which runs into more than 150 pages, the High companyrt has discussed various facets of the case under the following heads Brief Synopsis and chronology of events. In this manner, it arrived at a total figure of Rs. Intra court appeal thereagainst, which was preferred by the appellant, has been dismissed by the Division Bench of the High Court vide judgment dated October 19, 2013. After companyprehensive discussion, this argument has been rejected authoritatively. Thereafter, the matter was heard finally and vide impugned judgment, the appeal of the appellant has been dismissed by the High Court. The appellant stopped work under B03 indefinitely without assigning any reason. A series of companyrespondence was exchanged between the parties on the aforesaid two companynts as the appellant maintained that it had number companymitted any fault in respect of any of the aforesaid aspects. Impugned judgment and order dated 3rd August 2005 passed by the learned Judge of this Court in Arbitration Petition No. Despite representation of 11.02.1999 from Technical Member of the appellant to give lists within four days, i.e. Amount of Rs.65 crores was allowed to be withdrawn by the appellant upon furnishing bank guarantee subject to the outcome of the appeal before the High Court. 1,79,15,87,009/ Rs. by 15.02.1999, numberlists were received. In the process, the High Court also dealt with the submissions predicated on Order dated August 25, 2009 passed by this Court in special leave petition which was filed by the appellant whereby order of remand passed by Division Bench of the High Court, in the earlier round was challenged. 165 of 2009 be heard along with this Appeal. Division Bench of the Bombay High Court vide its judgment dated October 22, 2008. After appropriate orders are passed by the Ld. By Civil Appeal No. In the appeal before the High Court, the appellant raised certain additional grounds. The respondent had even withdrawn money in excess of its entitlement. Counter claims of the appellant were dismissed. This Tribunal companysisted of eminent retired Judges who scanned through the deposition of witnesses produced before it as well as other documentary evidence. A meeting was held between the officials of the appellant and Civil Appeal No. The said numberice of motion will be companysidered after the appropriate orders are passed by the Ld. 3227 of 2010 and 461 of 2010 also came to be included in the discussion while dealing with the aforesaid issue. 185,97,86,399/ and deducted a sum of Rs. The said finding was also affirmed by the Civil Appeal No. 14,28,55,536/ for a period of one year at the rate of Rs. Appellant had examined as many as 26 witnesses in support of its case whereas the respondent had examined its Managing Director who was in charge of the project. K. SIKRI, J. 108,02,53,173/ in this behalf was arrived at. 374 of 2004 is set aside. Appeal No. 71,42,77,680/ . 6,52,55,546/ . This order was challenged by both the parties by filing their respective SLP. It is the validity of that judgment which is the subject matter of the instant appeal. Notice of Motion Nos.
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2018_2.txt
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On 12th May, 2000, Finance Act 2000 came into force.
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2009_2113.txt
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Election to Constituency No. Appellant No.2 was his election agent. Respondent No.2 is the Congress candidate who has been declared elected in the election held on 10.05.2008. According to the appellants, election was held on 10.05.2008 and companynting took place on 25.05.2008. Respondent No.3 is the Observer appointed by the Election Commission of India. 140, Bagepalli, Karnataka Legislative Assembly was held in the General Elections companyducted in the State in 2008. Initially, the Media Officer appointed by the Election Commission announced appellant No.1 as the successful candidate and declared him elected. The Registry of the High Court put up an office objection that as the appellants were number present at the time of filing of the election petition, the presentation of the papers were number in accordance with Section 81 of the Act and as such there was numberproper filing of the election petition. 4 of 2008 in and by which the High Court upheld the objection of the Registry that there was numberproper presentation of the election petition in terms of Section 81 1 of the Representation of the People Act, 1951, hereinafter referred to as the Act , companysequently dismissed the election petition. When the election agents and companynting agents of appellant No.1 had left the place of companynting, an application for re counting was submitted by the second respondent and thereafter, second respondent was declared elected. Respondent No.1 is the Returning Officer of Bagepalli Legislative Assembly Constituency. The appellants filed an election petition under Section 81 of the Act on various grounds pointing out large scale irregularities and illegalities companymitted by respondent authorities in the voting and the illegalities of allowing the recounting after announcing the declaration of appellant No.1 as elected. On 06.07.2008, the first appellant, through his advocate, Shri Shiva Reddy presented the election petition before the Registrar Judicial , High Court of Karnataka. Based on the office objection, the matter was placed before the learned Single Judge of the High Court dealing with the election petition and arguments were heard. This appeal, under Section 116A of the Representation of the People Act, 1951, is directed against the order dated 19.09.2008 of the High Court of Karnataka at Bangalore in Election Petition No. Appellant No.1 was the candidate of the CPM party. By the impugned order, the learned Single Judge based on the recorded statement of Registrar Judicial dated 07.07.2008 that petitioners were number present while presenting this petition and finding that it was number a proper presentation in terms of Section 81, dismissed the election petition. Sathasivam, J. Aggrieved by the said order, the appellants have filed this appeal before this Court.
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2009_1112.txt
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This house companysists of a ground floor and a first floor. There are two tenements on the ground floor and two tenaments on the first floor. 10 A situate at Khuldabad in the city of Allahabad belonging to respondent No. There is a house bearing No. N. Bhagwati, J.
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1976_404.txt
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The MMS Group is in appeal before us and the CBS Group is represented by the respondents No.2 to 4. Alternatively it was prayed that if the numberice was held to be invalid the CBS Group should be directed to handover the entire Management of the Respondent No.1 to the MMS Group and the MMS Group should companyplete the agreement. Since 1992, disputes arose between the two groups, who are referred to respectively as the CBS Group and the MMS Group. The CBS Group companytested the submissions before the Company Law Board and stated that they were still interested in working out the settlement provided the MMS Group adhered to the terms of the agreement. In 1998, pursuant to another interim order passed by the Company Law Board, the MMS Group was put in joint management of the Company. As far as the CBS Groups application was companycerned, their prayer for recalling the orders passed by the Board was rejected. In the further alternative it was prayed that a Special Officer should be appointed to take over the responsibilities of the CBS Group in the Management of the Company and should be directed to companyplete the agreement between the parties. Varma as the Chairman of the Company. On 7th February, 2000 the MMS Group filed an application under Section 634A of the Companies Act 1956 praying for a decision as to whether the numberice dated 17th January, 2000 was valid and if so, to direct the CBS Group to proceed with the companypletion as per the Transfer Document and the MOFA. It was also recorded that on companypletion of the settlement, the five estates and certain other assets would vest in the MMS Group. Apart from other companytentions raised by the MMS Group, it was companytended by them before the Company Law Board that they were number liable to pay the accrued gratuity liability amounting to Rs. 8.5 crores or the portion attributable to the 5 estates agreed to be sold to the MMS Group amounting to Rs. In 1996 the MMS Group filed a companypany petition No.56 of 1996 before the Company Law Board, New Delhi under the provisions of Sections 397 and 398 of the Companies Act, 1956, companyplaining inter alia of having been ousted from management of the companypanies and seeking a role in such management. The numberice was objected to by the MMS Group by letters dated 18th January, 2000 and 20th January, 2000 on the ground that it was number in terms of Clauses 7.2 and 7.3 of the Transfer Document. 7,24,67,708.90 was companycerned, the Company Law Board stated that it would be subject to all deductions and adjustments as set out in the Transfer Document. The matter was ultimately resolved between the parties with the persuasion of the Company Law Board and praiseworthy efforts of the Chairman, Justice A.N. In order to perfect their title thereto, the Company Law Board directed the parties to execute the transfer deeds to affect the transfer of the relevant assets. They sought for enforcement of the order of the Company Law Board dated 19th August, 1999 as a decree. While this application was being heard, the CBS Group filed an application on 5th July, 2000 seeking for recalling of the orders of the Company Law Board including the order dated 19th August, 1999 and to take up the matter for final hearing and to permit the respondent No.1 to sell one or more of its assets to clear the outstandings of the Syndicate Bank or in the alternative appoint an administrator to sell the respondent No.1s assets and property to clear the dues of the Syndicate Bank and other statutory dues. On 9th January, 1997, the Company Law Board removed the respondent No.2 as Chairman and Managing Director of the Company and appointed a retired Judge, Justice A.N. In paragraph 12 of the order the Company Law Board recorded that the order had been read out to the parties and the parties had companyfirmed their companysent to the terms of the order. The terms of the family settlement were set down in a Memorandum of Family Arrangement and Transfer Document. By an order dated 19th August, 1999, the Company Law Board recorded the history of the disputes between the parties and the proceedings taken by each against the other and ultimately the resolution of the differences of the parties. The order records that the Memorandum of Family Arrangement and Transfer Document executed between the parties would form an integral part of the order. The creditors of the Companies including the companypanys bankers, namely Syndicate Bank initiated proceedings against the companypany inter alia for recovery of outstanding dues. The application under Section 634A was for implementation of the order dated 19th August, 1999 if necessary by appointing a Special Officer to carry it into companypletion. The disputes related primarily to the management of the various companypanies owned by the family including and in particular the Respondent No.1. The shareholding of the two companysins in the respondent No.1 was equal. Varma. In the event of any further difficulties in the implementation of this order the parties shall be at liberty to apply to us for implementation of this order. 4.74 crores. One Mr. C. Joseph, Chartered Accountant was appointed as an independent auditor for the purpose of clause 4.1.1.12 of the Transfer Document, who would verify and certify the figures stated therein. The suggestion was accepted by the parties in the settlement arrived at between them. WITH A. NO.9445 OF 2003 RUMA PAL, J. Ram Bahadur Thakur Ltd., the respondent No.1 was founded by Chatur Bhuj Sharma and Madan Mohan Sharma. It was stated that they had already paid several amounts to the respondent No.1 and were entitled to deductions in terms of the agreement. Various interim orders were passed. After the companypletion of all the transactions both sides shall appear before us for the final disposal of the petition and the various Interim Applications. As far as the figure of Rs. They were first companysins, their fathers being brothers.
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2006_154.txt
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In the view of the Commissioner, assessment made by the Sub Divisional Officer was without jurisdiction, and the order of reassessment by the Collector being in review and substitution of the order of assessment, want of jurisdiction in the order of assessment attached to the order of reassessment as well. In appeal by the respondent the Agricultural Income tax Commissioner by order dated March 5, 1952, set aside the orders of the Collector and also of the Sub Divisional Officer and directed that the assessment be reopened by the Collector and fresh assessment of the income for 1355 Fasli be made after giving numberice to the respondent. Agricultural Income tax Act, 1948 to pay agricultural income tax for the account period 1355 Fasli July 1, 1947 to June 30, 1948 on a net income of Rs. The Board agreed with the Commissioner, that the assessment order made by the Sub Divisional Officer was illegal and invalid, but in the view of the Board the Commissioner exceeded his authority in setting aside the order of the Sub Divisional Officer, which was number challenged in appeal before him. Being of the view that a part of the income of the respondent had escaped assessment, the Collector of Jaunpur by order, dated June 9, 1950, recomputed tax under S. 25 read with s. 16 4 of the Act for the said account period on a total net income of Rs. 72,769/15/2. 80,859/13/6. By order, dated May 14, 1949 the Sub Divisional Officer, Jaunpur, assessed Raja Yadvendra Dutt Dube hereinafter called the respondent under S. 16 3 of the U. The respondent then moved the Board of Revision against the order of the Commissioner. V. Viswanatha Sastri, M. V. Goswami and B. C. Misra, for the respondent. 16 of 1960. 123 of 1965. T. Desai and O. P. Rana, for the appellant. Appeal by special leave from the judgment and order, dated November 28, 1963 of the Allahabad High Court in A.I.T. The State of Uttar Pradesh has appealed to this Court. The Judgment of the Court was delivered by Shah, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. Reference No.
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1965_96.txt
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R.L.Yadav who was appointed on the post of Head of the Department Electronic was transferred to Guru Nanak Dev Polytechnic with immediate effect to look after the work of Principal. The order reads thus Shri R.L.Yadav Head of Department Electronic presently posted at Ambedkar Polytechnic is transferred to Guru Nanak Dev Polytechnic with immediate effect. The Tribunal directed to pay the respondent in the scale of Principal. On 26.8.1998 the respondent Sh. 2 It appears that the respondent was number paid in the pay scale of Principal. 6682 OF 2002 Even on second call, in Court numbere appeared for the respondent. The order clearly stated that he will number be entitled to any additional remuneration for this and also have numberclaim for regular appointment to the post. Aggrieved thereby he filed Original Suit before the Tribunal. The High Court has companyfirmed the order of the Tribunal by the impugned order. O R D E R CIVIL APPEAL NO. Hence, this appeal by special leave.
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2008_747.txt
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9133, 8920, 8074, 7932 and 11119/90 8113/91 dt. Spinning and packing are the two stages of manufacturing yarn. 31.10.91 , 8201/90, 8987/91 dt. The process of packing starts thereafter. 30.10.91 , 9165 7656 of 1990 K. Venugopal,C.S. The other is hank form packing which is exclusively companysumed by the handloom industry. Raw companyton has to pass through the process of blow room, carding, drawing, simplex and finally the ring frame to companyplete the process of spinning. The companyton yarn manufactured by the mills is of different varieties. Vaidyanathan, Vijayanarayana and Ms. Vijayalakshmi Menon for the Appellants. These appeals by way of special leave are against the judgment of the High Court The appellants are the Spinning and Weaving Mills in the State of Andhra Pradesh. 1334 43 of 1993. The appellants petitioners challenged the companystitutional validity of Clause 16 of the Textile Control Order, 1986 the 1986 Order and the numberification, issued thereunder, dated March 29, 1990 as amended on May 11, 1990 and May 17, 1990 the numberification by the Textile Commissioner before the Andhra Pradesh High Court by way of writ petitions under Article 226 of the Constitution of India. Swamy and Ms. A. Subhashini for the Respondents. From the Judgments and Orders dated 29.10.1991 of the Andhra Pradesh High Court in W.P. Special leave petitions 12569 92/84 against the judgment of the Madras High Court were dismissed by this Court on February 21, 1991. Nos. The Judgment of the Court was delivered by KULDIP SINGH, J. Special leave granted in all the petitions. CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
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1993_187.txt
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Dadra and Nagar Haveli, Silvasa. Collector, Dadra and Nagar Haveli, Silvasa. 26.11.1984 To The Returning Officer, Dadra and Nagar Haveli, Silvasa. 24.11.1984 To The Development Planning Officer, Dadra and Nagar Haveli, Silvasa. Yours faithfully Sd Development and Planning Officer Dadra and Nagar Haveli, Silvasa. 1984 to the Secretary to the Administrator, Dadra and Nagar Haveli which read thus From Sitaram Jivyabhai Gavali, Silvasa. Then on 24.11.1984 he wrote a letter to the Development Planning Officer, Dadra and Nagar Haveli, Silvasa which reads thus From Shri Sitaram J. Gavali, Silvasa. ADM SECT MISC SJG/84 Administration of Dadra and Nagar Haveli, Silvasa, date 26.11.1984. The resignations of the following persons were accepted with immediate effect by the Collector, Dadra and Nagar Haveli, Silvasa. To Shri Sitaram J. Gavali, Investigator, Dadra and Nagar Haveli, At and Post Khanval. Yours faithfully, Sd J. GAVALI Investigator The said letter was submitted through the Development Planning Officer, Dadra and Nagar Haveli, Silvasa. I have also submitted detailed representation to the Returning Officer, Dadra and Nagar Haveli, Silvasa on 25.11. He had been appointed on 2.5.1979 as a Junior Clerk on a temporary basis in the Administration of Dadra and Nagar Haveli. The said letter read as follows From Shri Sitaram J. Gavali, Investigator, Office of the Development Planning Officer, Dadra and Nagar Haveli, Silvasa. On the same date he received a reply from the office of the Administrator, Dadra and Nagar Haveli which read as follows No. Dadra and Nagar Hayeli is reserved companystituency for Scheduled Tribes. Thanking you, Yours faithfully, Sd J. Gavali Submitted a companyy of the above letter to the Collector, Dadra and Nagar Haveli also. 27.11.1984 To Secretary to the Administrator, Dadra and Nagar Haveli, Silvasa Subject Lok Sabha Election matter Sir, I the undersigned Shri S.J. The appellant, who was holding the post of an Investigator as a temporary Government servant in the Union territory of Dadra and Nagar Haveli, decided to companytest the election from the Dadra and Nagar Haveli Parliamentary Constituency, which was a companystituency reserved for the members belonging to the Scheduled Tribes. I have already given my charge to the Development and Planning Officer, Dadra and Nagar HaveIi, Silvasa vide my letter dated 24.11.1984. The appellant, who was then working as an Investigator attached to the office of the Development and Planning Officer, Dadra and Nagar Haveli, Silvasa, wrote a letter on November 21, 1984 to the Collector of Dadra and Nagar Have li, who was the appointing authority, tendering his resigna tion. Accordingly I have ad dressed a letter dated 21.11.1984 to the Collector, Dadra and Nagar Haveli informing him that I have given up my post of Investigator, and I cease to be a Temporary Govt. The above order of appointment was issued by the Collec tor of the Union territory of Dadra and Nagar Haveli, Silva sa. Since the appellant did number get any written reply from the Collector to the above letter of 24.11.1984 till 26.11.1984 he wrote another letter on 26.11.1984 to the Returning Officer, Dadra and Nagar Haveli Constituency, Silvasa, who was also the Secre tary to the Administrator, which read thus From Shri Sitaram J. Gavali, Silvasa. In reply to the above letter he got a reply from the Development and Plan ning Officer, Dadra and Nagar Haveli, Silvasa on December 21,1984 along with the demand draft for Rs.1024.05 paise which had been deposited by the appellant on 21.11.1984. At the last General Election held to the Lok Sabha he was declared duly elected from the Dadra and Nagar Haveli Parliamentary Constituency by a substantial majority. Sd 28.11.1984 Returning Officer Dadra and Nagar Haveli, Silvasa Accordingly, the numberination papers of the appellant were accepted and since there was a companytest, the poll took place on the appointed day. Yours faithfully, SITARAM J. GAVALI Copies of the above letter were sent by the appellant to the Administrator, Dadra and Nagar Haveli, Caho Niwas, Panjim, Goa, Election Commission of India, Chief Electoral Officer, Dadra and Nagar Haveli and to SC ST Commissioner for infor mation and necessary action. Silvasa, November 21, 1984. Sd S Kolvekar Governor to the Administrator Dadra and Nagar Haveli, Silvasa The above letter stated that the Ministry of Home Affairs, Government of India had been companytacted by the Collector in companynection with the letter of resignation submitted by the appellant on 21.11.1984 and necessary legal opinion had been obtained thereon. On the basis of arguments advanced and evidence adduced before me l have a doubt as to whether Shri Gavali Sitaram Jivyabhai holds an office of profit as on today, under the Administration of Dadra and Nagar Haveli. I belong to the Kokna Tribe which is a declared Scheduled Tribe companyered by the Schedule to the Constitution Dadra and Nagar Haveli Schedule Tribes Order, 1962. Since he did number get any reply from the Collector to his letter of resignation, on 23.11.1984 he met the Collector and also the Secretary to the Administrator of Dadra and Nagar HaveIi who was the returning officer of the said election. 21.11.1984. 10.1984 Lineman, P.W.D., Silvasa. Under the circumstances, I submit herewith all files and other records along with all registers may kindly be taken in your posses sion so that in future I am eligible to file my numberination for Lok Sabha Election for Dadra and Nagar Haveli Parliamen tary Constituency before the Returning Officer. To Shri Sitaram J. Gavali, Investigator, Through the D.P.O. Whether the absence of any negative response by 28th November, 1984 to the 1st respondents letter dated 25th November, 1984 submitted to the office of the Collector of Dadra and Nagar Haveli amounted to acceptance by companyduct by the Collector of the 1st respondents resignation, as al leged in the aforesaid paragraph? Gavali beg to state under I have received your letter No. When Lok Sabha elections were declared on 13.11. Under the circumstances, the demand draft of the State Bank of India, Silvasa Branch bearing No. which were with him on 24.11.1984 he had ceased to be a Government servant. The additional issues that were framed pursuant to the order passed by this Court were these Whether the acceptance of the files and records in the possession of the 1st respondent by the Development and Planning Officer, Dadra and Nagar Haveli, amounted to ac ceptance by companyduct of the 1st respondents resignation, as alleged in paragraph 5A of the statement of Defence? There is numberprovision under Rule 5 1 of the CCS Temporary Service Rules under which a Government servant can deposit one months pay in lieu of the purchase of period of numberice. The relevant Central Civil Services Rules which governed the appellant were the Central Civil Services Temporary Service Rules, 1965 hereinafter referred to as the CCS Temporary Service Rules . The terms of my service are regulated by the Central Civil Services Temporary Service Rules, 1965. Rule 5 1 of the said Rules, which dealt with the termination of temporary service, read as follows 5 1 a Termination of Temporary Service The service of temporary Government servant who is number in quasipermanent service shall be liable to termination at any time by a numberice in writing given either by the Government servant to the appointing authority or by the appointing authority to Government servant. Hence as per Rule 5 1 of the CCS Temporary Service Rules quoted by you, the numberice of termination of your service will take effect only after the expiry of one month from the date of submission of numberice. There is numberprovision under Rule 5 1 of the CCS Temporary Services Rules, 1965, under which the Government servant can deposit one months pay in lieu of the pre scribed period of numberice. 1984 elections to the present Lok Sabha were announced. Since I intend to companytest the election, I have given up my post of Investigator from 21.11.1984, under Rule 5 1 a of the C.C.S. Yours faithfully, sd J. Gavali In the above letter, the appellant, specifically drew the attention of the Administration to Condition No. 1984, addressed to Collector, under which you had issued numberice under Rule 5 1 a of CCS Temporary Service Rules and stated that you are giving up your post forthwith and had tendered pay and allowance of one month. Temporary Service Rules, 1965, my service can be terminated by me by giving a numberice in writ ing to the appointing authority. There is numberprovision in the CCS Temporary Service Rules which autho rises a Government servant to bring about the termination of his temporary service as provided in Rule 5 1 by paying a sum equivalent to the amount of his pay and allowances of the period of numberice at the same rates at which he was drawing them immediately before termination of his service or as the case may be for the period by which numberice falls short of one month. The said letter, however, informed him that there was numberprovision under Rule 5 1 of the CCS Temporary Service Rules under which a temporary Government servant companyld deposit one months pay in lieu of the period of numberice issued under Rule 5 1 of the said Rules and that the numberice of termina tion of service issued by the appellant would, therefore, take effect only upon the expiry of one month from the date of the receipt of the numberice. The said letter referred to the fact that the appellant had met the Collector and also the Secre tary of the Administrator on 23.11.1984 and that he had informed the Collector that he was numberlonger a Government servant. 1024.05 by Demand Draft in favour of the Development Planning Officer in lieu of one month numberice. In the meanwhile on 28.11.1984, i.e., the date of scru tiny of the numberination papers, the Returning Officer passed the following order overruling the objection which had been raised by the 1st Respondent to the numberination of the appel lant I have examined this numberination paper in accordance with section 36 of the Representation of the People Act, 1955, and decide as follows An objection was raised during scrutiny of this numberination paper, by the authorised person of the candidate Shri Mahala Ramjibhai Potiabhai, that Shri Gavali Sitaram Jivyabhai is holding as on today, an office of profit under the Administration of Dadra and Nagar Haveli and hence he is disqualified to be a Member of House of People in accordance with Article 102 of the Constitution of India. I have been informed by you that the numberice of termination of my services will take effect only after the expiry of one month from the date of submission of numberice. He also mentioned in the said letter that earlier the Collector had accepted the resignations of six temporary Government serv ants on payment of one months numberice pay. But it needs to be emphasized that in his letter of resignation the appellant had clearly companyveyed that he was giving up the post held by him forthwith and he was tendering along with the said letter a demand draft drawn on the State Bank of India, Silvasa Branch for a sum of Rs. I am quite eligible to companytest the election. He thereafter filed his numberination paper on 24.11.1984. Collector and Secretary to the Administrator twice who have informed me that you myself are number numbermore a Government servant. He also filed an additional numberination paper on 26.11.1984. 1984 and the date of scrutiny of the numberination papers was 28.11. 6 in his letter of appointment which authorised him to resign his service on remitting one months numberice pay. Sir, I am directed to refer to this Administrations letter No. In reply of the said letter, the appellant wrote a letter dated 27.11. As per Government of Indias decision, your numberice of termination of service takes effect on the expiry of the prescribed period of one month. The proviso to Rule 5 1 , however, authorises the appointing authority and number the Government servant to terminate the temporary service of the Government servant forthwith and that on such termination the Government serv ant becomes entitled to claim a sum equivalent to the amount of his pay plus allowances for the period of the numberice at the same rates at which he was drawing them immediately before the termination of his service, or as the case may be for the period by which such numberice fails short of one month. In other words, the said letter stated that the appellant would companytinue to be a temporary Government servant till 21.12.1984. The appointment is purely on temporary basis and is liable to be terminated at ONE months numberice. Provided that the service of any such Government servant may be terminated forthwith and on such termination the Government servant shall be entitled to claim a sum equiva lent to the amount of his pay plus allowances for the period of the numberice at the same rates at which he was drawing them immediately before the termination of his services, or as the case may be for the period by which such numberice falls short of one month. The period of such numberice shall be one month. As per application dated 21.11.1984, I ceased to be a Govern ment servant from that date i.e. ADM Secy Misc SJG/84 dated 26.11.1984. On the 23.11.1984, I met the Hon. Before resigning the post, he shall have to give one months numberice to the Administration failing which he shall have to remit one months numberice pay before he companyld be relieved from service. Sir, I have already submitted my application dated 21.11.1984 to the Hon. ADH SECY MISC SJC/84 dated 26.11.84 and as mentioned therein, your numberice of termination of services takes effect on the expiry of the prescribed period of one month. My right to companytest the election should number be deprived. After the declaration of the result of the elec tion the 1st Respondent, who was one of the defeated candi dates, filed an election petition in Election Petition No. C 199981 dated 21.11.1984 of Rs.1024.05 received alongwith your application dated 21.11.1984 is returned herewith. which were with him along with a list thereof to the head of his office, that is, the Development Planning Officer. The reply given by your office vide letter No. Collector through the Development and Planning Officer to relieve me from my post with immediate effect and as per the law, t also tendered a sum of Rs. In view of the said provisions, I ceased to be a Government servant from that date. The said persons had paid one month numberice pay. The last date for filing the numberination was 27.11. Along with the said letter he handed over all the files, records and registers etc. The 1st Respondent was a member of the last Lok Sabha. Along with the said letter of resignation, as mentioned therein, he sent a demand draft drawn on the State Bank of India for a sum of Rs. Whether the Collector, by number passing any orders on the application, is deemed to have accepted the resignation, as alleged in the aforesaid paragraph? In the result the election petition filed against the appellant was allowed and the election of the appellant was declared as void under section 98 of the Act. He pleaded in the said letter that since he had remitted one months numberice pay and also handed over the charge by delivering all the files, registers records etc. As mentioned earlier, the 1st Respondent filed the election petition before the High Court. Desai 12.4.78 Stockman, Khanvel Shri C.V. Patel, 31.1.1983 Stockman Shri A.H. Patel, 30.8.84 Primary School Teacher Shri D.G. Shri J.V. At the said election, the appellant secured the highest number of votes and he was declared as elected. 1984, I took decision to companytest the same. 1024.05 paisa. 1 of 1985 on the file of the High Court of Bombay calling in question the result of the election on the ground that the appellant was disqualified to be chosen as a member of the Lok Sabha on the date of the scrutiny of the numberination papers, because he held an office of profit under the Gov ernment other than an office declared by Parliament by law number to disqualify its holder. In this companynection I am directed to inform you that the said numberice was exam ined in the Administration. I am addressing this letter to you out of abundant cau tion as I fear that the sitting member of Parliament Mr. P. Mahala who is close friend of the present Collector has improperly prevailed over the Collector to sleep over my letter dated 21.1 l.1984 and taken wrong companytention. 1024.05 paise which he was drawing as monthly pay plus allowances of the post he held immediately before that date. ADM/ Secy Misc SJC/84 dated 26.11.1984 is number as per law and against the relevant rules and regulations and terms of my appointment order. It has been informed by you that the said files and records will be taken only after getting orders of the Collector. I am directed to refer to your letter dated 21.11. To The Hon. At the companyclusion of the trial, the learned Judge, who heard the election petition, having numbericed the presence of Condition No. Chauhan, 7.1984 Primary School Teacher Shri J.D. Clerk vide Administration Order No. From the Judgment and Order dated 2.4.1985 of the Bombay High Court in Election Petition No. The case was also referred to the Government of India, in the Ministry of Home Affairs, through Crash Wire less Message dated 23.11.1984. Shah, High School Teacher Shri R.G. Ram Jethmalani, Kapil Sibbal, Karanjawala, Mrs. R. Karanjawala, Ejaz Mazbool and Ms. Priya Jaitley for the Appellant. If you take any adverse action for my election activities, I shall take all legal actions as per the circumstances of my case would warrant against you with your companyts and companysequences, which please numbere. His appointment was subject to the companyditions mentioned in the order of appointment and amongst the said companyditions there were the following three companydi tions He will be governed by the Central Civil Services Rules. The High Court accepted the companytention of the 1st Respondent and set aside the election of the appellant by its judgment dated April 2, 1985. For the sake of companyvenience the relevant portion of the said Rules and Article 102 of the companystitution of India is reproduced in an annexure marked Annexure C. I pray that the aforesaid companytention may be borne in mind when my numberination papers are scrutinised on 28.11. Whether acceptance of the 1st respondents application made after 21st November, 1984 relates back to the date of the application as alleged in the aforesaid paragraph? Hence I decide to give the benefit of this doubt to the candidate and accept this numberination. He was relieved on same day The Administration should take equal decision for all employees. Kindly acknowledge the receipt of the same. Kindly acknowledge the receipt for the same. The Judgment of the Court was delivered by VENKATARAMIAH, J The appellant is a person belonging to a Scheduled Tribe. Patel. I had also requested on the same day to take the files and other records of the post held by me. On 13.11. I, therefore, request you to kindly look into the matter personally and give me justice properly. I submit the above mentioned document today, i.e. In this companynection, I am to state that I had been appointed as Jr. The said order reads thus On hearing companynsel and on going through the judg ment of the High Court and the application for amendment of the Written Statement number filed by the appellant the re turned candidate who has been unseated before us we feel that the amendment prayed for should be allowedThe matter will have to go back to the High Court for this limited purpose with a direction to record and forward to this Court its findings on the issues that may arise in the light of the amended Written Statement and the additional pleadings if any that may be filed by the election petitioner in the election petition. 1986 remitting the case to the High Court under Order 41 Rule 25 of the Code of Civil Procedure. S. Krishnamurthy lyer, S.D. But different decision taken for me is against law, equity and justice. 1 of 1985. On that occasion, after hearing the learned companynsel for both the parties, this Court passed an order dated March 11. 1632 of 1985. Puri for the Respondents. This appeal is filed under section 116 A of the Representation of People Act, 1951 hereinafter referred to as the Act against the judgment of the High Court. Lal and H.K. The facts of the case may be summarised thus. 24.11.84 at 10.00 hrs. Necessary legal opinion was also obtained. The learned Judge answered all the above issues in the negative and against the appellant. I therefore request you to do the needful in the interest of natural justice and protect the right of citizen. The above appeal came up for hearing before this Court in March 1986. 1 have explained clear position to you. CIVIL APPELLATE JURISDICTION Civil Appeal No. A summary enquiry was held on this objection and both the sides were heard.
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1987_132.txt
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Despite service of numberice, except for the State of Jharkhand, numbere of the other respondents, who are accused in the trial, are present before us. Leave granted.
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2008_2770.txt
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The appellant was taking music lessons at which the respondent was the Tabla player. No reason is also assigned why the marriage was number companysummated for a period of about 8 months after the marriage. He admitted that he gave music lessons to appellants elder sister and also that he was acting as Tabla player at the music lessons taken by the appellant in guitar. On inquiry and on verification, they found out the particulars of marriage from the office of the Marriage Officer at Calcutta, and then instituted present suit. He produced certain witnesses in proof of marriage. His case is that the appellant fell in love with him and it was at her instance that the marriage was registered at Calcutta. The respondent denied any fraud or fraudulent misrepresentation in obtaining the companysent of the appellant for the marriage. He was teaching music to the appellants elder sister until she was married. It is number, however, suggested by him that the parents of the appellant were opposed to the marriage number companyld he give any particular reason why the marriage had to be registered at Calcutta and why numbere on the appellants side participated or witnessed the said marriage. The school where the appellant took music lessons was being run at the residence of the respondent. At the time of marriage, the appellant was 19 years old. 51 of 1987 on the file of the Tenth Court of the Additional District Judge, Alipore for declaring her marriage with the respondent a nullity on the ground that her companysent in the marriage was obtained by fraud within the meaning of Section 25 iii of the Special Marriage Act, 1954. Her case was accepted by the learned District Judge who declared the marriage void. They are all persons companynected in one way or the other with the music school run in the house of the respondent. The appellants case is that the respondent fraudulently represented to her that if she accompanies him to Calcutta he will arrange for an audition by the Officials of All India Radio to enable her to participate in a music companypetition, which will ultimately pave way for her to become an artiste with All India Radio. He companyld number also produce a single photograph of both the parties together, let alone photographs of the marriage. According to the appellant, he was more than 40 years of age at the time of marriage though the respondent himself companytends that he was only 32 years old at that time. Since the registration of marriage is admitted we need number refer to their evidence at any length, the only question being whether her signatures on the relevant forms were obtained by the respondent by making fraudulent misrepresentation. Accordingly, she accompanied him to Calcutta. There he took her to a ghar and took her signatures on certain blank forms. The appellant companyes from a respectable family. The appellant instituted Matrimonial Suit No. On appeal, a Division Bench of the Calcutta High Court took the view that the appellant has failed to establish the fraud alleged by her. 171 of 1989 was known to the appellants family for over a decade. Respondent is far older in age. According to him he knew the appellant and her family for the last several years he was visiting their house quite often. None of them companyld suggest one reason why numbere from the side of the appellant was present. Since she had implicit faith in the respondent, she signed the forms without numbericing the companytents thereof. Several months later, i.e., on 2 3 1987, the respondent told her for the first time that she must companye and live with him since they were married at Calcutta. He From the Judgment and Order dated 15 3 1990 of the Calcutta High Court in O.D. The appellant says, this revelation came as a shock to her and she immediately informed her parents. She was a student of B.A. Her father is a practising doctor of good repute. On this aspect, their evidence does number inspire much companyfidence. The respondents appeal was accordingly allowed and the appellants suit dismissed. The Judgment of the Court was delivered by P. JEEVAN REDDY, J. Leave granted. No.
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1994_345.txt
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Dhingra, Baldev Atreya and Shashank Shekhar for the Respondent. 1134 NT of 1987. 1957 and 25.11. 146 of 1983. Rohtagi, S.K. T. Desai, K.B. Prithvi Raj, Ashok K. Srivastava for the Appellant. 1984 of the Allahabad High Court in Sales Tax Revision No. From the Judgment and Order dated 2.3. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1987_183.txt
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His further stand was that rent had been cleared upto 6th April, 1977 and there was numberdefault in the payment of rent. The respondent filed a suit for eviction and for arrears of rent and damages for use and occupation pendent lite and future on the allegation that the appellant was inducted as a tenant of the premises in suit on a monthly rent of Rs. 10144 of 1983. The Third Additional District Judge negatived the defence and decreed the suit for eviction as also for recovery of arrears of rent and damages for use and occupation. Urban Buildings Regulation of letting, Rent and Eviction Act, 1972 hereinafter referred to as the new Rent Act for short , and that the defendant defaulted in the payment of rent despite numberice dated 24th March, 1977. 1000 through cheque dated August 16, 1976. 237 of 1983. The claim was resisted by the appellant on the ground that the building in question was companystructed in 1968 and that it was companyered by the new Rent Act. The companynter foil of the cheque book also did number specify the period for which this payment by cheque was made. The High Court companyfirmed the findings of the trial Court on all other points except the finding about the arrears of rent. of the Small Causes Court Act arising out of suit for eviction of the appellant from the premises in suit. 1000 had been paid by the appellant to the landlord through a crossed cheque dated 16th August, 1976 which was received by the landlord on 15th September, 1976. 1971 and as such the building was number companyered by the U.P. 250 on 7th February, 1972, that the building in suit was companystructed in 1971 under the companyoperative housing scheme of the State Bank of India for which the Bank advanced loan. The High Court, however, did number endorse the finding of the Additional District Judge that the payment through the cheque may have been made by the appellant towards rent for some period prior to April 7, 1976 and held it to be manifestly erroneous and without any basis. The building in suit was assessed to house and water tax on 1st October. L. Sanghi, K.K.Jain, A.D. Sanger and Pramod Dayal for the Appellant. D. Jain, Mrs Kawaljit Kochar and S.R. The learned Judge overruled the other pleas of the appellant and decreed the suit as prayed for. The present appeal by special leave is directed against the judgment of the High Court of Allahabad dated 20th July, 1983 disposing of a revision under s.25. Appeal by Special leave from the Judgment and Order dated the 20th July, 1983 of the Allahabad High Court in Civil Revision No. The Additional District Judge decided the case on 23rd February 1982. He also challenged the service and the validity of the numberice terminating his tenancy. The appellant also claimed the adjustment of Rs. The Respondent therefore terminated the tenancy of the appellant. The appellant feeling aggrieved preferred a revision in the High Court. The trial companyrt was further directed to afford opportunity to the parties to adduce further evidence in regard to this aspect. In the opinion of the High Court admittedly a sum of Rs. On the date of summary hearing of the application under Art. Yadav for the Respondent. The appellant has number approached this Court with an application for special leave to appeal. The Judgment of the Court was delivered by MISRA, J. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1984_4.txt
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The application was rejected by the Assistant Collector, Customs and Central Excise, Digboi, on the ground that it was beyond time as six months had already lapsed from the relevant date. The CEGAT upheld the order passed by the Assistant Collector holding that the claim for the period beyond six months from the relevant date would number be admissible. Accordingly, the respondent moved an application under Section 11B of the Central Excises and Salt Act, 1944, for refund of the excess amount. In this appeal, the question involved pertains to refund of the excise duty, which according to the respondent was realised at a higher rate number applicable to it. The appeal preferred by the respondent was, however, allowed by the Collector Appeals which gave rise to filing of an appeal by the Revenue before the CEGAT. Aggrieved by the order passed by the CEGAT the respondent filed a writ petition in the High Court.
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2004_74.txt
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4,490. The Income tax Officer, appealed against the above decision to the Income tax Appellate Tribunal, which restored the addition made by the Income tax Officer, less the above sum of Rs. The assessee applied for a statement of the case to the Income tax Appellate Tribunal, under section, 66 1 of the Indian Income tax Act. He further stated that the Income tax Officer had number been able to cite any case whether the profit margin disclosed was higher than that raveled by the books of the assessee. 75,000 but as the closing stock of Eveready torches was under valued to the tune of Rs. 4,490, he only allowed a reduction of Rs. 75,000. It was pointed out to the Appellate Tribunal that the Appellate Assistant Commissioner had lost sigh of the fact that even in the preceding year goods from the National Carbon Company Ltd. did figure in the trading account of the respondent, and that if these goods are eliminated from the accounts, the margin of profit in the preceding year was 11.3 per cent. The Income tax Officer in this assessment order dated February 26, 1958, did number accept the trading accounts and added Rs. He further remarked that the purchases were vouched, the sales were vouched and the parties involved in these transactions were identifiable. The appellant filed a return showing an income of Rs. of the year of account, as worked out by the Appellate Assistant Commissioner. as against 5.8 per cent. He companyld find out numberdefect in the accounts as such or any suppression of sales. He came to the companyclusion that the profits disclosed in companyparison with the earlier year were to low and there were numberday to day stock details for the purpose of verification. He accepted the companytention urged on behalf of the assessee that in view of the fact that the assessee had to deal in hundreds items of goods of various sizes and varieties, it would mean a very heavy task to keep a stock account. 70,510. The assessee appealed to the Appellate Assistant Commissioner, who by his order dated October 16, 1958, accepted the appeal and deleted the addition of Rs. He came to the companyclusion that if the sales made on companymission basis are excluded on the balance sales the average profit margin would go up to about 5 1/2 per cent. 6,900 and shri C. T. shah had only withdrawn Rs. Shri R. S. Sanghvi had only withdrawn Rs. 6,300. which cannot be said to be unreasonable or inordinately low. 78,350 for the assessment year 1954 55. The assessee applied to the High Court, under section 66 2 of the Indian Income tax Act, but the High Court, by its order dated October 3, 1961, dismissed the petition. Another factor which he took into companysideration was the ridiculously small withdrawals for personal expenditure in the partners accounts. The Appellate Tribunal, by its order dated December 19, 1960, rejected the application on the ground that their companyclusions in the order were essentially findings of fact and based on adequate and proper material on record and did number give rise to any question of law. Sikri, J. This is an appeal by special leave granted by this companyrt on November 5, 1962, and arises in the following circumstance. This companyrt, however, granted special leave to appeal and the appeal is number before us for disposal.
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1964_264.txt
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The prosecution case is that on 25.6.1984 while accused Arbind Gope was grazing his cattle, his company strayed into the field of Sarjug Gope alias Rukha Gope and this led to a wordy altercation between Sarjug Gope on the one hand and Arbind Gope and Karoo Gope on the other. Sarjug Gope sustained firearm injuries and fell on the ground. G. BALAKRISHNAN, J. Appellant Krishna Gope was tried for the offence of murder for having caused the death of Sarjug Gope. When this wordy altercation was going on, the appellant Krishna Gope brought a companyntry made rifle from his house and fired at Sarjug Gope. Injured Sarjug Gope, while undergoing treatment at the hospital at Patna died in the night. On the side of the prosecution, PW 5 Bhola Gope and PW 6 Banwari Gope were examined to prove the incident. Meanwhile, some persons from the neighbourhood had companylected at the place of occurrence and injured Sarjug Gope was removed to Karai Parsurai dispensary for treatment. Earlier, while injured Sarjug Gope was in the Karai Parsurai dispensary, PW 12 Sub Inspector of Police recorded his statement at about 5.30 P.M. PW 12 companyducted the investigation and he prepared the muazzer. At the dispensary, the Doctor advised that the injured be taken to the hospital at Patna. PW 6 is the sole eye witness who saw the entire incident. He recorded the statement of various witnesses and later held inquest on the dead body of deceased at the hospital at Patna. Near the place of incident, he found one .315 bore empty cartridge and he recovered the same in the presence of two witnesses. Two other accused tried along with him were acquitted by the sessions companyrt. The appellant filed an appeal before the Patna High Court challenging his companyviction and sentence. The sessions companyrt found him guilty and sentenced him to undergo imprisonment for life. After the investigation, he filed the charge sheet. The judgment and order of the High Court is challenged before us.
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2003_574.txt
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The pay scale of Senior Engineering Assistant was revised from Rs.2000/ to Rs.3275/ with effect from 01.01.1986. The appellant had joined the Doordarshan Kendra, Motihari, as an Engineering Assistant in the pay scale of Rs.1400/ to Rs.2600/. It was companytended that the pay scale of Engineering Assistants was revised from Rs.2000/ to Rs.3000/ with effect from 01.01.1986, by the Ministry of Information and Broadcasting by its decision dated 15.05.1995. The Employees Association of the companycerned cadre, upon companying into force of Assured Career Progression ACP scheme, had represented for grant of 1 st ACP in the pay scale of Rs. The High Court allowed the writ petition with an observation that numbergeneralized direction companyld be given for the grant of ACP and the ACP has to be granted on individual basis. In the petition alleging companytempt, it was companytended that in the companytempt case, the respondents filed a showcause showing companypliance of the order dated 29.06.2014, and accordingly, the companytempt case was dropped with liberty to the appellant to challenge the order passed in companypliance of the companyrts directive before an appropriate forum. 2 to 4 before the Assistant Chief Judicial MagistrateVII, Motihari alleging companymission of offence punishable under Section 193 read with Section 34 of the IPC alleging that because of the false and wrong statement made by the respondents in their showcause affidavit, the High Court dropped the companytempt case. No.173 of 2009 before the CAT, which was dismissed on 13.02.2013. The appellant, thereafter, represented before the companypetent authority for grant of 1st ACP. was allowed by the CAT, by an order dated 07.09.2009. It is his case that replacement pay scale of all the categories, with effect from 01.01.1996, was fixed at Rs.6500/ to Rs.10,500/. This gave rise to O.A. Alleging numbercompliance of the said order, the appellant filed a companytempt petition before the High Court, which gave rise to MJC No.2912 of 2015. The said O.A. The Magistrate by an order dated 22.12.2016 took companynizance of the same and summoned respondent Nos. 2 to 4 are the officials of Doordarshan and All India Radio. On refusal, he filed O.A. 2 to 4 and set aside the order dated 22.12.2016 passed by the learned Assistant Chief Judicial MagistrateVII, Signature Not Verified Motihari, taking companynizance of an offence Digitally signed by SANJAY KUMAR Date 2019.02.05 punishable under Section 193 of the Indian Penal Code, 1860 for 132523 IST Reason short, the IPC on the basis of a private companyplaint filed by the appellant. 8000/ to 13,500/ which was number being allowed, which led to the filing of an application before Central Administrative Tribunal, Patna Bench for short the CAT . 2797 of 2014, which was disposed of by an order dated 29.06.2014, with a direction to the respondents therein to pass appropriate order on the representation filed by the appellant. 111 of 2017, whereby the High Court of Judicature at Patna has allowed the revision petition filed by the respondent Nos. Respondent Nos. The respondent Nos. Instead of challenging the said order, the appellant filed a private companyplaint against respondent Nos. The appellant, thereafter, approached the High Court by filing a writ petition CWJC No. 2 to 4. ABDUL NAZEER, J. 2 to 4 challenged the said order of the Magistrate before the High Court. 514 of 2002. The Union of India challenged the said order by filing a writ petition before the High Court. This appeal is directed against the judgment and order dated 30.03.2017 in Criminal Revision No. We have heard the learned companynsel for the parties. No.
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2019_106.txt
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On August 18, 1950, an order was made by the Rajpramukh of the State in these words His Highness the Rajpramukh is pleased to retire from service Sardar Dalip Singh, Inspector General of Police, Pepsu on leave for administrative reasons with effect from the 18th August, 1950. After the formation of the State of Pepsu he was absorbed in the Police Service of the newly formed State and was appointed and companyfirmed as Inspector General of Police thereof. The appellant Dalip Singh entered the service of the Patiala State in 1916 and rose to the rank of Inspector General of Police of the State in June 1946. Appeal from the judgment and decree dated October 18,1956, of the former PEPSU High Court in Regular First Appeal No. While holding that post he proceeded on leave from October 18, 1949, till August 17, 1950. Thereupon on August 19, 1950, the appellant wrote to the Chief Secretary of the State stating that by his retirement he would be put to heavy loss, i.e., about Rs. Gopal Singh and K. B. Krishnaswamy, for the appellant. 235 of 1958. S. Bindra and D. Gupta, for the respondent. 11 of 1954, arising out of the judgment and decree dated November 21, 1953, of the Additional District Judge, Patiala. The Judgment of the Court was delivered by DAS GUPTA J. A companyy of this order was forwarded to the appellant. July 28. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1960_324.txt
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Petitioner No. We have perused the grounds for the petitioners detention. The Board reported that there was sufficient cause for his detention. His representation was companysidered by the Advisory Board which reported that there was sufficient cause for his detention. His representation was companysidered by the Advisory Board which made a representation that there was a sufficient cause for his detention. His representation was forwarded to the Advisory Board which reported that there was sufficient cause for his detention. His representation was companysidered by the Advisory Board with the other materials but the Board reported that there was sufficient cause for his detention. On receiving the grounds he made a representation to the Advisory Board which reported that there was sufficient cause for his detention. The grounds for detention have been perused by us. The ground for detention in the case of this petitioner appears to be relevant to maintenance of public order. His representation was companysidered by the Advisory Board which gave an opinion that there was sufficient cause for his detention. Some of the grounds of detention do number appear to be relevant to maintenance of public order. His representation was companysidered by the Advisory Board along with the other materials and the Board reported that there was sufficient cause for his detention. He made a representation to the Advisory Board which after companysidering all the materials reported that there was sufficient cause for his detention. His representation was forwarded to the Advisory Board which gave an opinion that there was sufficient cause for his detention. On receiving the grounds of detention the petitioner made a representation which was companysidered by the Advisory Board together with the other materials. His representation was sent to the Advisory Board which on companysidering the same with other material reported that there was sufficient cause for the detention. On receiving the grounds he made a representation to the Advisory Board which gave an opinion that there was sufficient cause for his detention. This petitioner was detained by an order of the District Magistrate, 24 Parganas, dated April 19, 1968 his detention being companysidered necessary in order to preventing him from acting in any manner prejudicial to the maintenance of public order. On receiving the grounds he made a representation to the Advisory Board which expressed an opinion in favour of his detention. This petitioner was detained by an order made by the District Magistrate, 24 Parganas on April 4, 1968, on the ground that his detention was necessary in order to prevent him from acting in a manner prejudicial to public order. On receiving the grounds of his detention, he made a representation to the Advisory Board which, after companysidering the same and giving him a personal hearing, reported that there was sufficient cause for his detention. This petitioner was detained by the order of the District Magistrate, Howrah, dated March 7, 1968 on the ground that his detention was necessary in order to prevent him from acting in any manner prejudicial to the maintenance of public order. Thereupon the Government of West Bengal companyfirmed the detention order. His detention was directed under Section 3 2 of the Act on the ground that it was necessary with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. On October 7, 1968, the detention order was companyfirmed. His representation was sent to the Advisory Board which, after companysidering all the materials, reported that there was sufficient cause for his detention. Thereupon the Government of West Bengal companyfirmed the order of his detention. Thereupon the Government companyfirmed the order of detention only July 3, 1968. The representation made by the petitioner was forward to the Advisory Board which companysidered all the material before it and was of the opinion that sufficient cause for his detention existed. The Government of West Bengal companyfirmed the detention on April 17, 1968. After hearing him personally and companysidering all the materials, the Advisory Board reported that there was sufficient cause for his detention. This petitioner was detained by an order dated April 25, 1968, made by the District Magistrate, 24 Parganas under Section 3 2 of the act on the grounds that his detention was necessary for preventing him from acting in any manner prejudicial to the maintenance of public order. On July 29, 1968, the Government companyfirmed the order of detention. This petitioner was detained by an order of the District magistrate, 24 Parganas, dated July 30, 1968, made under Section 3 2 of the Act on the ground that his detention was necessary for preventing him from acting in any manner prejudicial to the maintenance of public order. Thereupon the government companyfirmed the detention order on June 29, 1968. This petitioner was detained by an order, dated July 11, 1968, made by the District Magistrate, Howrah, on the ground that his detention was necessary with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. This petitioner was detained by an order dated August 2, 1968, made by the District Magistrate, 24 Parganas, under Section 3 2 of the Act on the ground that his detention was necessary to prevent him from acting in any manner prejudicial to the maintenance of public order. This petitioner was detained by the order of the District Magistrate, 24 Parganas, under Section 3 2 of the Act on April 4, 1968, the detention being companysidered, necessary to prevent him from acting in any manner prejudicial to the maintenance of public order. His representation was referred to the Advisory Board which companysidered it along with the other material and expressed an opinion that there was sufficient cause for his detention. On June 12, 1968, the Government companyfirmed the detention order. The grounds were supplied to him and he made a representation to the Advisory Board which, after hearing the petitioner and companysidering his representation, expressed its opinion that there was sufficient cause for his detention. The Government of West Bengal companyfirmed the order of detention on June 10, 1968. The grounds of detention disclose the same infirmities which are to be found in the case of petitioner No. The Government thereupon companyfirmed the order of detention on September 19, 1968. Thereupon the Government companyfirmed the order of detention on September 19, 1968. This petitioner was detained by an order of the District Magistrate, 24 Parganas dated May 23, 1968, made under Section 3 2 of the Act on the ground that his detention was necessary with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. On September 19, 1968, the detention order was companyfirmed by the Government. Thereupon the Government companyfirmed the detention order on August 29, 1968. Thereupon the Government companyfirmed the order of detention on August 1, 1968. The Government of West Bengal companyfirmed the order of detention on September 12, 1968. The Government of West Bengal companyfirmed the detention order on August 21, 1968. This petitioner was detained by the order made by the District Magistrate, Murshidabad, on July 6, 1968, under Section 3 2 of the Act on the ground that the detention was necessary in order to prevent the petitioner from acting in any manner prejudicial to the maintenance of public order. The Board heard him personally and made a report that there was sufficient cause for his detention. Thereupon the Government companyfirmed the order of detention on October 9, 1968. This petitioner was detained by an order dated July 30, 1968, made by the District Magistrate, 24 Parganas, under Section 3 2 of the Act, his detention being companysidered necessary to prevent him from acting in any manner prejudicial to the maintenance of public order. This petitioner was detained by an order, dated June 13, 1968, made by the District Magistrate, 24 Parganas, under Section 3 2 of the Act on the ground that his detention was necessary in order to prevent him from acting in any manner prejudicial to the maintenance of public order. This petitioner was detained by an order, dated July 30, 1968, of the District Magistrate, 24 Parganas made under Section 3 2 of the Act, the detention being companysidered necessary with a view to prevent the petitioner from acting in a manner prejudicial to the maintenance of public order. On July 10, 1968, the Government of West Bengal companyfirmed the detention order. The detention order was companysequently companyfirmed by the Government on June 12, 1968. This petitioner was detained by an order made by the District Magistrate, Howrah, on March 7, 1968, under Section 3 2 of the Act on the ground that his detention was necessary with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. This petitioner was detained by an order, dated March 23, 1968, made by the District Magistrate, 24 Parganas, under Section 3 2 of the Act on the ground that his detention was necessary with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. This petitioner was detained by an order, dated July 30, 1968, passed by the District Magistrate, 24 Parganas, under Section 3 2 of the Act on the ground that his detention was necessary with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. The detention of this petitioner cannot be upheld and is hereby set aside. The detention order was companysequently companyfirmed by the Government of West Bengal on July 2, 1968. On the report of the Advisory Board that there was sufficient cause for his detention the original order was companyfirmed by the Government of West Bengal on October 7, 1968. Thereupon the Government of West Bengal companyfirmed the order of detention on May 1, 1968. The Government companyfirmed the original order of detention on August 8, 1968. He was supplied the grounds on which he made a representation to the Advisory Board which heard him personally and after companysidering all the material an opinion was expressed that there was sufficient cause for his detention. Thereupon the Government of West Bengal companyfirmed the order of detention on June 28, 1968. Consequently the detention order is set aside. This petitioner was detained by an order of the District Magistrate, Jalpaiguri, dated the 11th July, 1968, made under Section 3 2 of the Act on the ground that his detention was necessary in order to prevent him from acting in any manner prejudicial to the maintenance of public order. This petitioner was detained by an order of the District Magistrate, 24 Parganas, dated January 16, 1968, on the ground that it was necessary to detain him in order to prevent him from acting in any manner prejudicial to the maintenance of public order. Thereupon the Government companyfirmed the original order of detention on July 29, 1968. Ground No. This petitioner was detained by an order of the District Magistrate, 24 Parganas, made under Section 3 2 of the Act on the ground that it was necessary to detain him in order to prevent him from acting in any manner prejudicial to the maintenance of public order. He was detained by an order, dated May 27, 1968, of the District Magistrate, 24 Parganas, under Section 3 2 on the found that his detention was necessary for preventing him from action in a manner prejudicial to the maintenance of public order. This petitioner was detained by an order of the District Magistrate, Howrah, dated May 18, 1968, made under Section 3 2 of the Act, the detention being companysidered necessary in order to prevent him from acting in any manner prejudicial to the maintenance of public order. This petitioner was detained by an order, dated April 19, 1968, made by the District Magistrate, 24 Parganas, under Section 3 2 of the Act, the grounds of detention being the prevention of activities prejudicial to the maintenance of public order. The District Magistrate, 24 Parganas, made an order, dated June 13, 1968, directing under Section 3 2 of the Act petitioners detention with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. The Board gave a personal hearing and after companysidering all the materials reported that there was sufficient cause for his detention. The petitioner was detained by the order, dated March 8, 1968, made by the District Magistrate, Howrah, under Section 3 2 of the Act on the ground that his detention was necessarily with a view to preventing him from acting in a manner prejudicial to the maintenance of public order. This petitioner was detained by an order of the District Magistrate, 24 Parganas, dated July 13, 1968 made under Section 3 2 of the Act on the ground that it was necessary to detain the petitioner in order to prevent him from acting in any manner prejudicial to the maintenance of public order. This petitioner was detained by the order of the District Magistrate 24 Parganas, dated May 25, 1968, made under Section 3 2 of the Act, the reason for his detention being the prevention of activities prejudicial to the maintenance of public order. The Government of West Bengal companyfirmed the detention order on July 17, 1968.
his detention was companyfirmed by the Government of West Bengal by an order, dated July 17, 1968. On receiving the grounds he made a representation which was companysidered by the Advisory Board. On receiving the grounds he made a representation to the Advisory Board which was companysidered by it. He was supplied the grounds and he made representation which was companysidered by the Advisory Board. The grounds were supplied to him and he made a representation which was companysidered by by Advisory Board. The Board after hearing him personally and companysidering all the materials before it, expressed an opinion that there was sufficient cause for his detention. This petitioner was detained by the order of the District Magistrate, 24 Parganas, dated July 30, 1968, made under Section 3 2 of the Act on the ground that it was necessary to detain him in order to prevent him from acting in any manner prejudicial to the maintenance of public order. Some of the grounds cannot possibly relate to maintenance of public order. It was sent to the Advisory Board which, after hearing him and companysidering all the material places before it, expressed its opinion that there was sufficient cause for his detention. This petitioner was detained by an order, dated February 17, 1968, made by the District Magistrate 24 Parganas, under Section 3 2 of the Act in order to prevent him from acting in any manner prejudicial to the maintenance of public order. This petitioner was detained by an order of the District Magistrate, 24 Parganas, dated July 30, 1968. Most of the grounds are number at all relevant to maintenance of public order. Most of the grounds are number relevant to the maintenance of public order. This petitioner was detained by an order, dated March 16, 1968, passed by the District Magistrate, 24 Parganas under Section 3 2 of the Act on the ground that it was necessary to detain him in order to prevent him from acting in any manner prejudicial to the maintenance of public order. This petitioner was detained by an order of the District Magistrate, 24 Parganas, dated March 23, 1968 made in exercise of the power companyferred by Section 3 2 of the Act on the ground that the detention was necessary with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies essential to the companymunity. The grounds were supplies to him and he made a representation which was companysidered by the Advisory Board which, after giving a personal hearing expressed an opinion that this detention was justified. This petitioner was detained by an order, dated April 20, 1968, of the District Magistrate, 24 Parganas, made under Section 3 2 of the Act on the ground that it was necessary to detain him with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. The grounds were supplied to him on which he made a representation which was sent to the Advisory Board. His representation was companysidered by the Advisory Board along with the other materials. They cannot possibly be relevant to maintenance of public order. The detention of this petitioner cannot be sustained because of the existence of the above ground which is so vague that the petitioner companyld number possibly have made any representation with regard to it. His representation was companysidered by the Advisory Board together with the other materials. Some of the grounds have absolutely numberrelevance to the maintenance of public order. This petitioner was detained by an order of the District Magistrate, Malda, dated June 3, 1968, made under Section 3 2 of the Act with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. Some of the grounds are wholly irrelevant to maintenance of public order. Consequently the detention order, dated July 30, 1968, was companyfirmed on September 20, 1968, by the Government of West Bengal. The Board, after giving a personal hearing and companysidering all the materials, expressed an opinion that there was sufficient cause for detention. Some of the grounds cannot possibly be regarded as relevant maintenance of public order. The detention of this petitioner cannot, therefore, be upheld and is hereby set aside. Most of the grounds do number appear to be relevant to maintenance of public order. Most of the grounds are number at all relevant to the maintenance of public order see for instance ground No. The grounds of detention have been companysidered by us and we are of the opinion that they relate mainly to the question of law and order and are number relevant to public order. We have seen the grounds of detention and they appear to relate mostly to removal of rice bags in a clandestine manner. The ground were supplied to him on which he made a representation which was companysidered by the Advisory Board by which he was also personally heard. He was supplied with the grounds and he made a representation. His representation was sent to the Advisory Board which companysidered it along with the other materials, but made a report against him. The grounds may have been relevant to the other head but numbere of them appears to be relevant to maintenance of public order. A perusal of the grounds shows that most of the grounds are number relevant to maintenance of public order and in this companynection reference may be made to ground Nos. Petitioner Nos. His case is similar to others inasmuch as most of the grounds are number relevant to the maintenance of public order. 7 Abdul Waheb and Petitioner No. His case is similar to that of many others inasmuch as most of the grounds are number relevant to the maintenance of public order. The activities which have been alleged in the grounds are again of a type which cannot be relevant to public order. For instance ground No. Practically all the grounds do number appear to be relevant to public order. The grounds suffer from the same infirmity as in the cases of Petitioners Nos. See grounds No. For instance one of the grounds, No. Consequently the petitioner is entitled to be released. An examination of the grounds shows that they relate mostly and are relevant to the head maintenance of supplies and service essential to the companymunity. Therefore the petitioner is entitled to be released. They relate mostly to the question of law and order and are number relevant to public order. By way of example ground No. 1 i is that on March 28, 1968, the petitioner together with his associates companymitted theft of over head traction wires including companytact wire disrupting the train services in Bongaon Section for more than 7 hours. 1 b and c .
Petitioner No. 1 a is That on 24 2 67 at about 21 26 hrs you and your associate abused C.I.B. The grounds disclose the same infirmity as in other cases, e.g. 7 Abdul Waheb . That on 18 3 68 at 19 30 hrs, you with your associates closely followed Smt. you and your associates threatened R.P.F. Most of the grounds companytain allegations of theft of overhead traction wire. One of the grounds, namely, I ii is That on 13 3 67, you with your associate Debu Biswas assaulted one Paresh Nath Koley of Ghosepara with fists and blows. 130 from the person of Kulak Chandra Sarkar, S o late Sahadab Sarkar of Madhab Nibas Colony, P. S. Titagarh, District 24 Parganas, near Dum Dum South Home signal at the point of dagger causing bleeding injury. According to one of the grounds the petitioner had, on October 12, 1967 along with his associates companymitted a daring burglary in Howrah Tobacco Store by breaking open 6/7 padlocks and removed cigarette cases worth Rs. This case falls very much in the same group as that of the petitioners Nos. Midnapur Howrah Passenger train. 1 a is typical and may be reproduced That on 10 2 67 at about 21 50 hrs. 1 ii is reproduced That on 30 9 67 at about 21.00 hrs. 3 is in these terms On 1 5 68 at about 12 35 hrs. 1 i is That on 11 10 67 at about 11 45 hrs. 1 a is that on August 12, 1966 at about 10.00 hrs. you with your associates Amal Karali, Bapu, Tripti and others force Shri Dulal Chandra Kundu, Abdul Jabbar and Gobinda Das Roy Choudhury of Barisha to go to the shop of Nilam Maity inside Sakher Bazar and you forcibly took away Rs. Being chased, you and your associates were arrested by the RPF staff on duty and prosecuted. 10 Dilip Kumar Chakraborty alias Konkan . 1 c which is That on 18 12 68 at about 11.30 hrs you and your associate were found to remove rice from a running Railway wagon by breaking seal of the wagon door at Bagmari Railway pool and overhead Chitpur Bridge. 7, 10 and 12 above mentioned. Head Rakshak Prakash, Chandra Mitra of CID Kharagpur at Andul Railway Station with stabbing when Shri Mitra objected to your passing of indecent remarks at a lady passenger. 1 c which is in these terms That on 6 10 67 at about 06.30 hrs. 30 Abdul Mian Mirza . I ii is That on 1 3 68 at about 02.00 hrs.,
you and your associate Ram Nehore Kouri were seen to companyceal your presence by the side of a wagon standing at Chitpur yard with a view to companymit theft from standing wagons. 10 Dilip Chakraborty alias Konkan . you along with your two associate being armed with daggers, snatched away a wrist watch worth Rs. 18/ from Abdul Jabbar and Rs. 1 b is That on 12 3 67 at about 06 00 hrs.,
you and your associates showed ugly gesture and posture to some women vendors of vegetables in platform No. 3 Panchu Gopal Mondal . RPF head Rakshak K. C. Chandra of Santragachi Crime Branch objected to such indecent behaviour towards women by you all when Shri Chandra was physically assaulted with slaps by you and was threatened with dire companysequences by you and your associates. 11 may be reproduced That on 7 10 66 you pulled the alarm chain of the train at Bongaon Ranaghat Section while you were bringing rice for sale from Ranaghat to Bongaon, without having booked them and without having any ticket. Head Rakshak 3646 Hara Kumar Mukherjee of Shalimar and also threatened him with dire companysequences at Andul Rly. you assaulted Shri Narayanchandra Das of 6 A, Baikuntha Ghose Road, Calcutta 42 with fits and blows He is therefore entitled to be released. The instances which were given are seven out of which it is necessary to mention only the following which are typical That on 14 11 66 at 21 15 hrs.,
you with your associates formed an unlawful assembly on Dum Dum Road in front of the Fire Brigade Officer and assaulted Shri Pranab Bose of P. 18, Matijheel Avenue and you snatched away a fountain pen worth Rs. 1 viii is in these terms That on 16 2 68, you fled away from the R.G. 7 and 10. 26 Abdul Bari Karikar . 70/ and 20 packets of cigarettes from Dulal Chandra Kundu. 12 Ashoke Kumar Mukherjee . 35 Ashwini Kumar Karmakar . 65/ from the pocket of Gobinda Das Roy Choudhury one wrist watch, a gold ring and cash Rs. Station when Shri Mukherjee objected to the passing of indecent remarks at a lady passenger of 358 Dn. 13 Ram Kamal Dhar alias Leda . 29 Naba Kumar Ghosh . 40 Sona Karmakar . 34 Samiron Sarkar . 1 is altogether vague and may be reproduced That you have been for a long time engaged in anti social, illegal, and High handed criminal activities and in the companyrse of such activities you have on different occasion held out threats to different persons and that you have associated yourself with anti social elements. 36 Sri Panchanan Das . Consequently he is entitled to be released. 19 Ratanlal Kairi . 33 Nanda Kishore Rabi Das . 20 Farid Ali Naskar . Yunus Ali . 6 of Uluberia Railway Station and started whistling in mouth on seeing those women. 18 Goddu Ghose . 31 Nripen Chakraborty . 6 Anil Das . 44 Suvranghshu Mitra . Whenever the peace loving citizens question your bona fides and protested against your activities and whenever they offered themselves as witnesses to your activities you threatened to burn down their houses. 46 Rangalal Debnath . 28 Habibullah Khan . 37 Indrajit Debnath . 1 ii and iii . 42 Jagannath Goila . 45 Madan Mohan Mandal . 23 Sk. 1 iv . 25 Uday Chand Nemadas . 43 Shyamal Pal . 27 Nagendra Nath Saha . you being drunk demanded Rs. 39 Badal Pal . Kar Hospital while you were undergoing treatment under police guard. 14 Gopal Show . You were arrested with property red handed. 38 Surjit Singh .
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1968_236.txt
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Pursuant to that, when Rajpal deceased was proceeding by the side of the house of the accused at 5.45 p.m., there ensued a quarrel between Subhash and Rajpal, number deceased, and other. In the quarrel the intervener had separated them. Chandro, a witness of the prosecution, had a quarrel with one Smt. While deceased was proceeding towards his house at 6 p.m., it is the case of the prosecution that all the accused, who were standing near the house of Medu, one of the accused, had attacked the deceased and when other parties had companye to intervene, they were also beaten up. Thereafter a report was lodged at about 11.30 p.m. by Medu, PW 9. Sunita who had drawn water stealthily from the well dug by the prosecution party. The case of the prosecution is that on September 21, 1984 at at about 4.30 p.m. Smt. The accused were arrested and were charged for various offences, including the offences under Sections 148, 302/149, 324, 325, etc. The deceased almost died instantaneously after he was taken to the hospital he was declared dead. The trial Court acquitted five accused and companyvicted A1 to A8 for various offences, including the offences under Section 302 read with Section On appeal, the High Court set aside the companyvictions and acquitted them of all the charges. This appeal by special leave arises from the judgment of the Division Bench of the Punjab Haryana High Court made in Criminal Appeal No.424 of 1985 or September 3, 1986. Investigation was made. Thus this appeal by special leave.
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1996_580.txt
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The Respondent Accused mixed some tablet in the tea offered to the companyplainant because of which the companyplainant became unconscious. They boarded the Van where after the companyplainant lost companysciousness. In the house of the Respondent Accused, the companyplainant was offered a glass of water and thereafter a cup of tea after which the companyplainant suspected that he had been made to ingest some intoxicant. In the van, the companyplainant was strangulated with a green dupatta of Respondent Accused. JK 02M 4392, an old acquaintance of the companyplainant. 1 and Respondent Accused had companyspired to rob the companyplainant of his money. Both went to the bank where the companyplainant withdrew a sum of Rs. The Accused No. 27,000/ for purchasing an auto tempo from Pathankot. At that point of time, the companyplainant had a sum of Rs. The case is that the money had been looted from the companyplainant he had been beaten up badly and dumped in a Nullah somewhere near Dalhousie. Then the Accused No. The accused offered a glass of water and thereafter a cup of tea after which the companyplainant, Ramesh Kumar, suspected that he had been made to ingest some intoxicant. When the companyplainant was on his way to Bank and reached near Digyana Bus Stand, he met Krishan Lal Sharma Accused No. Thereafter, accused Krishan Lal took him to his house where he was offered a cup of tea. 1 took the companyplainant to the house of his neighbour Smt. He informed the companyplainant that this lady would also go to Pathankot and they would go there together. 1 and Respondent Accused after ensuring that the companyplainant had died, threw him down the road in a nullah near village Dhundiara. Thereafter, all boarded the van where the companyplainant became unconscious and did number remember as to where he was taken. 6,000/ was directed to be paid to the companyplainant, Ramesh Kumar as companypensation. On way to the bank, he met Krishan Lal accused, who was driving Maruti Van No. 1 informed the companyplainant that since the Respondent Accused also had to go to Pathankot, therefore, they all would go together. 27,000/ lying in his account in a bank at Satbari for purchasing an auto tempo from Pathankot as the companyplainant was running a private school upto middle class in Jammu. 12,000/ was recovered from the respondent which was also ordered to be released to the companyplainant. He asked the companyplainant as to where he was going whereupon he disclosed that he was going to withdraw a sum of Rs. 27,000/ . The companyplainant was brought out from nullah by Tej Ram with the help of another person and then taken to private clinic. JK 02M 4392. The companyplainant was found lying in nullah by one Shri Tej Ram who had gone to his field to check the crops. Accused Krishan Lal told him that he would get him a discount from an authorized auto tempo dealer at Pathankot and that he was willing to drive him to that place. In the investigation, it was found out that both Accused No. During the trial of the Respondent accused, she was declared proclaimed offender. Nirmala Devi respondent accused . 1 in his Maruti Van No. Thereafter, both went to Dalhousie and stayed at Kumar Hotel for night. Then, Krishan Lal took him to the house of one lady respondent herein . On 24.8.2000, the companyplainant made a statement to the Inspector SHO Kishan Chand, P. S. Dalhousie, District Chamba at Civil Hospital, Dalhousie which was recorded under Section 154 Criminal Procedure Code narrating the whole incident mentioned above. The case originated on the basis of companyplaint filed by the companyplainant, Ramesh Kumar PW 13 , resulting into registration of the FIR Exh. The brief facts necessary to be numbered for deciding the issues raised in the appeal are On 22.08.2000, Rakesh Kumar companyplainant , Resident of Preet Nagar, Jammu, left his house for withdrawing a sum of Rs. 80 of 2000 was registered at P. S. Dalhousie. Upon investigation, it was found that the Accused No. Respondent herein faced trial for offence companyered by Sections 328, 392, 397 read with Section 34 of the Indian Penal Code IPC alongwith companyaccused Krishan Lal Sharma. A sum of Rs. 1 was companyvicted and sentenced for offences punishable under Section 328, 392, 397 IPC vide judgment dated 19.4.2002. Fine of Rs. He regained his senses companysciousness in the Civil Hospital at Dalhousie in the early hours of 24th August, 2000. When the trial was underway, both the accused persons were released on bail, pending trial. It culminated in the judgment dated 27th February, 2003 whereby the Sessions Judge companyvicted the respondent also for the offences punishable under Sections 328, 307, 392 read with Section 34, IPC. 2000/ to a fine of Rs. State of Himachal Pradesh has filed this appeal, challenging the judgment of the High Court dated 03.07.2012 by which, criminal appeal filed by the respondent accused had been decided, setting aside the sentence of the imprisonment under Section 328, 392 and 307 IPC and modifying the fine of Rs. 2,000/ , in default of payment of which to undergo imprisonment for a further period of three months, for the offence each punishable under Sections 328, 307 and 392 IPC with direction that all the substantive sentences were to run companycurrently. Thereafter, trial proceeded against Krishan Lal Sharma, who was companyvicted for companymitting offences under the aforesaid provisions, for which he was charged, vide judgment dated 19th April, 2002. He stated therein that on 22nd August, 2000, he left his house situated at Preet Nagar, Jammu at around 8.40 A.M. in the morning to withdraw a sum of Rs. On the companypliant, FIR No. At that stage, respondent absented from companyrt and was declared a proclaimed offender. Upon being apprehended, the remaining prosecution witnesses were recorded. She was inflicted with the punishments of simple imprisonment for a period of two years and fine in the sum of Rs. Later on, the respondent was apprehended and brought to trial and testimony of remaining prosecution witnesses were recorded in her case. As a companysequence, order of sentence was passed on 5th March, 2003. As pointed above, prosecution was able to substantiate the aforesaid allegations resulting into the companyviction of the respondent. 12 prosecution witnesses PWs were examined and some more were yet to be examined. Looking to the importance of issues involved in this appeal, I have also penned my reasons. He had lost all the currency. The respondent filed an appeal against the judgment dated 5th March, 2003 passed by the Sessions Judge in the High Court. 4,000/ in his pocket. K. SIKRI, J. 30,000/ . Respondent has number challenged the order against that part of the judgment whereby her companyviction has been upheld by the High Court. Leave granted.
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2017_585.txt
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Nothing was said about the plant for the treatment of sewage. The appellant had also installed a 0.4 MGD plant for treat ment of sewage. No rebate was allowed under section 7 of the 1977 Act on the ground that the so called neutralisation plant was number a plant for the treatment of sewage or trade effluents within the meaning of the said provision. 2, assessed the cess at Rs. The appellant submitted monthly returns of the water companysumed from river Chambal for its Thermal Station, units 1 and 2, for the period from July, 1983 to January, 1984 and February, 1984 to June 1984. In respect of the assessment for the period from February, 1984 to June, 1984 the appellant submitted a review petition which was rejected by respondent No. 13, 13,710 for the first period and Rs.9,42,013 for the subsequent period. The appel late authority dismissed the appeal holding that the cess was companyrectly assessed and the appellant was number entitled to rebate. The appellant filed an appeal under section 13 in respect of the cess claimed for the period from July, 1983 to January, 1984. Both these plants, companytends the appellant, are working satisfactorily. In the former writ petition the High Court granted interim stay against the recovery of the disputed cess amount to the extent of seventy percent till the disposal of the writ petition. 4843 44 of 1990. In the second writ petition since the appellant had already paid the amount of cess, the application for stay did number survive but for future assessment orders, it directed the appellant to pay thirty percent regularly and the remaining seventy percent with interest at 15 per annum in the event the challenge failed. 1429 and 2157 of 1989 challenging the dismissal of the said two writ peti tions. During the pendency of these proceedings several assessment orders came to be made for the subsequent periods upto may, 1989 for the water companysumed at the appellants Thermal Units. 3223, 3262, 3272, 4599 and 4600 of 1990 in this Court against the said assessment orders as well as the refusal to grant rebate on the ground that similar questions were involved in the earlier two special leave petitions which were pending in this Court. 12 1/85 and 966/86 in the High Court challenging the two assessment orders. The Assessing Authority also refused to grant rebate, The appellant preferred appeals against the assess ment orders passed from time to time but to numberavail. The appellant preferred separate Writ Petitions Nos. The Assessing Authority, re spondent No. No 966of 1986 and 121 of 1985. Jain, Sahid Rizvi and K. Singh for the Appellant. F. 5 B I4 RSEB Tech/86/11472 dated 24th March, 1988. In stead of approaching the High Court the appellant has filed Special Leave Petitions Nos. Dr. L.M Singhvi, P. Agarwal, S.K. Both the aforesaid writ petitions were finally disposed of by a Division Bench on 28th October. Feeling aggrieved by the Judgment and order passed by the Division Bench of the High Court, the appellant pre ferred special leave petitions Civil Nos. The appellant then preferred an appeal but the same was dismissed as barred by limitation. From the Judgment and Order dated 28.10.1988 of the Rajasthan High Court in D.B. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. Civil W.P.
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1990_415.txt
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It was alleged that the fact of his being a leprosy patient even at the time of filing of numberination was also suppressed by the appellant. The two main issues, with which we are companycerned, were i whether the petition was barred by limitation and ii whether the appellant is a leprosy patient and as such disqualified to companytest and hold the posts of a Councillor and Chairperson of the Municipality. In the affidavit accompanying the said petition, the appellant had stated that he had been identified as risk prone leprosy case with reversal reaction for nerve damage. Exhibit 11 is a letter dated 23rd May, 2003 issued by the Joint Director of Health Services Leprosy TB , Orissa to the Chief District Medical Officer, Balasore with a list of 46 leprosy patients for their bacteriological investigations and to submit progress report for onward transmission to this Court. On an elaborate analysis of the evidence, so led by both the sides, the District Judge came to the companyclusion that the appellant was still suffering from risk prone leprosy. On 15th October, 2003, the companyplainant filed an Election Petition under Section 38 of the Act questioning the election of the appellant as Councillor and Chairperson, on the ground that being a leprosy patient, he had incurred disqualification under Sections 16 1 iv and 17 1 b of the Act and, therefore, companyld number companytinue as such. Denying the said allegations, it was stated that as on the date of election as Councillor as also the Chairperson, he was fully cured of the ailment and was, thus, qualified to companytest the election. Taking into companysideration the evidence led by both the sides and upon elaborate discussion on the provisions of the Act, the Tribunal came to the companyclusion that the petition was number barred by limitation and hence maintainable and that on the date of filing of his numberination and election to the office of Councillor, the appellant was a leprosy patient and his status as a patient still companytinues as there is numberfinality of the medical opinion that he has been fully cured of the disease. However, since further periodical check ups were number companyducted, the appellant moved this Court for directions to the State Health Authorities to companyduct periodical investigations and tests of leprosy patients including the appellant. The High Court, affirmed the order of the Election Tribunal cum District Judge on both the companynts, namely, i Section 19 of the Act, prescribing the period of limitation for presentation of the Election Petition was number applicable and ii that the appellant was still suffering from risk prone leprosy. It was also pleaded that the Election Petition was barred by limitation. This letter along with list of patients was produced by the Chief District Medical Officer, Balasore by order of this Court on the petition of the appellant. The list of patients accompanying the said letter includes the name of the appellant at serial No.3. Subsequently, on 30th September, 2003, the appellant was also elected as the Chairperson of the Municipal Council. The Election Tribunal framed as many as five issues. In the affidavit, the appellant had companyplained that the medical authorities have neither undertaken the required nerve function assessment number adopted specific Flow Chart and even life saving drugs were number being supplied to him to prevent occurrence of any leprosy disability and unnatural death. The appellant as well as respondent No.3 in this appeal, hereinafter referred to as the companyplainant, were elected as Councillors of two different municipal wards in the election held on 19th September, 2003 for the Notified Area Council. Thus, the appellant was declared to be disqualified under Sections 16 1 and 17 1 b of the Act, to be elected and to companytinue as Councillor of the Municipality. In arriving at the said finding, the District Judge, has relied on the following material circumstances Once upon a time, the appellant was working as a para legal worker under the Government of West Bengal and being a leprosy patient he received treatment whereafter he remained bacteriologically negative for three companysecutive examinations and declared fit to resume his duties in Government service with a further advice to appear for further periodical check up at intervals of three months for one year and for further check up at intervals of six months for five years. By the impugned order, the High Court has dismissed the writ petition, preferred by the appellant assailing the decision of the Election Tribunal cum District Judge, Balasore, passed under Section 38 of the Orissa Municipal Act, 1950 for short the Act . It was stated that he was undergoing severe nerve and joint pains poly arthritis, accompanied by high sweat and fever. A dated 20th August, 2003 was also produced by him. On 7th April, 2003 the appellant had himself written to the Chief District Medical Officer for implementation of order dated 20th February, 2003 passed by this Court, inter alia, stating on affidavit that he had made a specific prayer before this Court for four time bacteriological investigations with subsequent follow up actions and that despite direction of this Court, numberinvestigations had been companyducted. Rath, Cuttack and has also been examined by some doctors at Bhadrak who found numberleprosy in him. In his testimony, the appellant has stated that he has privately undergone tests under Dr. P.C. The appellant companytested the petition. had number been companyducted on the appellant. This appeal, by special leave, is directed against the judgment and order dated 7th October, 2005 rendered by the High Court of Orissa at Cuttack in W.P. Aggrieved, the appellant unsuccessfully challenged the said decision in the High Court. Aggrieved thereby, the appellant has preferred this appeal. C No.12860 of 2004. K. JAIN, J. A certificate Ext. Leave granted.
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2008_2333.txt
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both the 1961 and 1962 rules neither refer to rule 3 and rule 4 of 1949 rules permitting recruitment by promotion and the permissible limit of recruitment by promotion. by the numberification of ministry of defence dated april 17 1965 rule 7 of 1962 rules was amended. the relative seniority of promotees and direct recruits shall be determined by the dates on which the vacancies reserved for the direct recruits and the promotees occur though the 1949 rules were published on september 17 1949 they were brought into operation by a numberification of the ministry of defence dated july 29 1950 with effect from april 1st 1951.
in 1962 the ministry of defence by its numberification dated april 27 1962 in exercise of the power companyferred by the proviso to article 309 framed rules regulating the recruitment to the military engineer services class i in supersession of 1961 rules. criteria may be extracted from the memoranda companyering the seniority list dated june 14 1974 the inter se seniority of direct recruits and depart mental promotees is to be fixed in accordance with the quota laid down in me rps rules 1951 from time to time. then companyes the land mark change of 1969.
on february 1 1969 the president in exercise of the power companyferred by the proviso to article 309 framed and promulgated amendments to 1949 rules styled as military engineer service class i recruitment promotion and seniority amendment rules 1969 which came into force on february 1 1969. rule 3 in appendix iv of 1962 rules which provided that the principles for determining seniority were under companysideration was substituted as under relative seniority of officers appointed to service on the basis of the companybined engineering services examination or otherwise will be determined in accordance with the orders issued by government a from time to time. d circulated with the letter dated june 14 1974 to which the revised seniority list ex. the same quota is to apply both in the matter of companyfirmation and fixation of seniority. further para 8 in appendix iv was repeated at the same place as in 1961 rules. by the numberification of the ministry of defence dated february 18 1967 a further amendment was introduced in 1962 rules with regard to the eligibility of persons who can offer themselves as candidates for the companypetitive examination. by the ministry of defence numberification dated february 25 1967 number statutory in character sub rule h was added to rule 20 in part iii of 1949 rules providing reservation of 50 of the permanent vacancies to be filled through direct recruitment after 17th may 1963 of graduate engineers who are companymissioned in the armed forces on a temporary basis during the emergency and are later released subject to certain companyditions therein prescribed. appellant joined service as supervisor in the year 1953 in what is styled as military engineering services mes for short . the appellant in his writ petition questioned the criteria adopted for preparing revised seniority list of june 1974 on diverse grounds based on the ratio of the decision in bachan singhs case. the judgment of the companyrt was delivered by b desai j. appellant a. janardhana filed writ petition number 4293 of 1979 questioning the validity and legality of the revised seniority list ex. the factual matrix in juxtaposition with the relevant rules may be set out in details because the very narration of chronumberogy of events would illumine the companytours of controversy. he came to be promoted as assistant executive engineer aee in 1962.
the two promotees to the post of aee in the years 1958 and 1959 respectively filed a writ petition in the high companyrt of delhi challenging the appointment of several direct recruits to mes on the ground that their appointment was companytrary to and in violation of the rules of recruitment and they were number validly appointed and therefore companyld number become members of the service. a mandamus was sought directing the respondents to give effect to the 1963 seniority list drawn up on the principle of length of service continuous officiation as set out in the numberification memorandum dated march 11 1965.
a companynate writ petition number 4273 of 1979 by one manjunatha was also heard and disposed of by the companyrt along with the writ petition filed by the appellant. then companyes a numbereworthy pro vision. civil appellate jurisdiction civil appeal number 360 of 1980.
from the judgment and order dated the 15th and 17th may 1979 of the high companyrt of karnataka at bangalore in civil writ petition number 4293 of 1975.
l. sanghi and a. k. sanghi for the appellant. 3 to 11.
k. ramamurthi and jatindra sharma for respondent number 12.
y. s. chitale and a.k sanghi for intervener. c was annexed and as a companysequence to cancel the panel of promotion dated january 13 1975 drawn up in respect of 102 officers. abdul khader n. c. talukdar and miss a. subhashini for respondent number. 1 and 2.
r. mridul and h.k. but it has no relevance to the point under companysideration. puri for respondent number.
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test
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1983_389.txt
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20 lakhs in the 287th Bumper Draw of the Sikkim State Lottery held on 20.02.1986 at Gangtok organized by the Director, State Lottery, Government of Sikkim, Gangtok. 1,79,088/ being Income Tax under the Sikkim State Income Tax Rules, 1948. 8,10,000/ and Rs. 20 lakhs and deducting the agent seller companymission of Rs. The appellant herein filed Income Tax Return for the Assessment Year AY 1986 87 disclosing the income from lottery at Rs. 8,10,912/ each, after deduction of Rs. Out of Rs. 2 lacs being agents sellers companymission and Rs. 80 TT of the IT Act on Rs 20,00,000/ i.e the gross amount of the prize money won in the lottery in accordance with the provisions of the charging Section. 16,20,912/ through two Demand Drafts for Rs. 20 lakhs, the appellant herein received Rs. 2 lakhs out of the same. Heard Mr. Sanjay Jhanwar, learned companynsel for the appellant the assessee and Mr. Yashank P. Adhiyaru, learned senior companynsel for the respondent and perused the records. A Division Bench of the High Court, vide judgment and order dated 10.09.2004, answered the questions raised in affirmative. The present appeal has been preferred against the final judgment and order dated 10.09.2004 passed by the High Court of Judicature for Rajasthan, Bench at Jaipur in D.B.I.T. He claimed deduction under Sec. Aggrieved by the judgment and order dated 10.09.2004, the appellant assessee has preferred this appeal by way of special leave before this companyrt. 40 of 1995 whereby the Division Bench of the High Court answered the questions referred to under Section 256 1 of the Income Tax Act, 1961 in short the I.T. Act in favour of the Revenue and against the appellant assessee. K. Agrawal, J. Reference No.
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2018_1020.txt
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Nos.69 73 of 1993. 12597 600 of 1993 against the judgment and order dated 29th April, 1993 of a Division Bench of the High Court of Judicature at Madras passed in some C.M.P.s in O.S.A. This Court on 10 9 1993 ordered issuance of numberice in the special leave petitions as also on the application for stay returnable within four weeks. These are at the instance of the first and the second defendant in the original suit filed by the plaintiff first respondent, pending before a learned Single Judge of the High Court, in which in intra court appellate jurisdiction the petitioners have been subjected to certain interim orders of significance by the Division Bench.
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1994_844.txt
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Jullundur East Telegraph Engineering Division will hereinafter be called as Jullundur East. They opted for Jullundur East. The petitioner was employed as a Linesman in Jullundur East in 1954. Telegraph, Jullundur East had number companysidered the optees for appointment as Sub Inspector. At one time there were two Divisions, called the Jullundur East and Jullundur West Telegraphs Engineering Division. The petitioner along with certain other linesmen was selected for the post of Sub Inspector by the Divisional Engineering Telegraph, Jullundur East on June 13, 1967. The new Division was called the Ferozepur Telegraph Engineering Division. A similar selection for the post of Sub Inspector was, it appears, held in the Jullundur Telegraph Engineering Division. But they companyld be posted in Jullundur East for want of vacancies. On July 7, 1969, the Divisional Engineer Telegraph, Jullundur East approved the aforesaid selection. But Kamta Prasad and others were companysidered for promotion neither there number in Jullundur East. We think that the optees who had opted for Jullundur East in 1966 and who, for numberfault of their own, were working in the Ferozepur Division at the relevant time, would be deeded to be linesmen in the Division for the purpose of Rule 464. The enquiry revealed that the optees for appointment as Sub Inspector. The enquiry reveals that the optees had number be companysidered in both Divisions. On the eve of the aforesaid reorganisation and establishment of a new Division, Kamta Prasad and eleven other respondents were working as Linesmen within the are which became the newly created Ferozepur Telegraph Engineering Division. He further directed that the aforesaid optees should also be companysidered for promotion to the post of Sub Inspector. Two arguments have been advanced on behalf of the petitioner One Kanta Prasad and other respondents optees were number eligible for appointment as Sub Inspector in Jullundur East two, the petitioner had been reverted mala fide on account of his participation in the strike. The argument is that the respondents optees were actually working in the Ferozepur Engineering Division at the time of the petitioners selection in May, 1967 and were accordingly number Linesman in the Division, It appears to us that it is a too narrow interpretation of the phrase in the Division. On July 5, 1969, Kamta Prasad and other respondents optees were selected as Sub Inspector. The petitioner, Shiv Singh, challenges the order of the Divisional Engineer, Telegraphs East Division, Jullundur, the third respondent, dated July 7, 1969 and prays for his companyfirmation to the post of the Sub Inspector in the scale of Rs. The main part of Rule 464 provides that vacancies in the grade of Sub Inspector should be filled from the grade of linesmen in the Divisions. The Circle Secretary, All India Telegraph Engineering Employees Union and Linesmen Staff and Class III Union, Jullundur Branch, companyplained to the Post Master General, Punjab Circle, by letter, dated May 28, 1968, that the Divisional Engineer. Pursuant to this approval, the petitioner was sent back to his substantive post of linesman. The petitioner admittedly participated in the general strike. As regards the first argument, reliance is placed on the words in the Division in Rule 464 of the Posts and Telegraphs Manual, Volume IV. Consequently, on August 6, 1968, the Director of Telegraphs passed an order cancelling the selection of the petitioner and others. The Post Master General made an enquiry about the relevant facts on July 8, 1968. On September 19, 1968, there was a general strike in the Postal Department. The petitioner and certain other persons who had participated in the strike were number selected. On June 16, 1969, the Director General, Posts and Telegraphs, issued an order to the effect that the employees who had participated in the strike would be companysidered for promotion provided they were number guilty of acts of violence, active instigation or intimidation and their work and companyduct subsequent to September, 1968, had been found to be satisfactory. He was appointed as Sub Inspector with effect from June 16, 1967. On November 7, 1966, there was a reorganisation of the aforesaid two Divisions and a new Division was created. The order regarding cancellation of the selection was issued by the office of the Post Master General on August 20, 1968. The petitioner can have numberlegitimate grievance. In spite of that order, the petitioner and others struck work on September 19, 1968. The petitioner seeks to rely on this order. As regards the effect of participation in the strike on promotional prospects, there were several orders by different authorities. But this order was ineffective on account of the Office Memorandum of the Ministry of the Home Affairs, issued on October 19, 1968. The petitioner has filed an affidavit in reply and the respondents have also filed a rejoinder affidavit. 1973 AIR SC 962 The Judgment was delivered by DWIVEDI, J. DWIVEDI, J. for the It is a petition under Article 32 of the Constitution. Indeed, there was in force a direction of the appropriate authority to that effect on the relevant date. The respondents have number filed an affidavit. This case was first heard on September 20, 1972. 105 155. Notice may be taken of two orders. The Court adjourned the further hearing of the petition and directed the respondents to file a further affidavit with respect to certain matters. Facts of the case are number abundantly clear. It is number necessary to mention every one of them.
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1972_475.txt
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The numberice of arbitration was issued by the respondent in Bellary, Karnataka and served upon the appellant in Bellary and Bangalore, Karnataka. Product Supply Agreement was entered into between the respondent and Praxair India Private Limited PIPL , a wholly owned subsidiary of Praxair Pacific Limited at Bangalore for supply of liquid oxygen, nitrogen and argon to PIPL. To settle the disputes, the respondent invoked dispute resolution process pursuant to Article 17 of the PSA by issuing a numberice from Bellary, Karnataka to the appellant in Bellary Karnataka. To this end, the appellant, in companyjunction with M s Praxair Pacific Limited decided to enter into agreements to incorporate the respondent Company in Karnataka. On 19.02.1996, Pipeline Supply Agreement PSA was entered into between the appellant and the respondent at Bangalore wherein the respondent would supply to the appellant its requirement of industrial gases, namely, gaseous oxygen, gaseous nitrogen and the gaseous argon. No.4 in the said arbitration petition under Section 151 of the CPC read with Section 42 of the Arbitration Act to dismiss the arbitration petition filed by the appellant at Bellary. As several disputes issues of technical and companymercial nature in relation to the implementation of the PSA and the performance of the ASPs had arisen between the parties, the representatives of the appellant, respondent, Praxair Pacific Limited, Praxair Inc. and PIPL made in Singapore to resolve the issues. The respondent, on 14.10.2004, issued numberice of arbitration pursuant to Article 17.2 of the PSA. 459 of 2004. The respondent Company was incorporated in Bangalore with a 5050 share holding between the appellant and the Praxair Pacific Limited, which was subsequently changed to 2674. 9 of 2005 before the Principal District Judge, Bellary on 06.02.2005 seeking appropriate orders to restrain the respondent from breaching the PSA read with the Settlement Agreement. The respondent Company was to set up an Air Separation Plant ASP in the same companyplex in Bellary, Karnataka for the purpose of supplying the appellant with the required quantities of industrial gases. On 23.06.2002, an agreement was arrived at between the parties Settlement Agreement . This agreement was entered into on 01.06.1996. For its manufacturing operations, the appellant required large quantities of industrial gases, namely, oxygen, nitrogen and argon for such production. By the impugned order dated 02.03.2006, the Bombay High Court held that it had the jurisdiction to entertain Arbitration Petition No. The Settlement Agreement was approved by the Board of Directors of both the parties in Bangalore. The appellant wrote a letter pointing out that unilateral action threatened by the respondent was companytrary to the letter and spirit of the PSA read with the Settlement Agreement, as the respondent was under the obligation to first meet the product requirements of the appellant. On 07.02.2005, an interim order was passed by the Principal District Judge, Bellary restraining the respondent from insisting upon an artificial ceiling of 40 TPD of LAR. The facts leading to the filing of the above appeal are as follows The appellant was in the process of setting up an integrated steel plant having the capacity of 1.25 million tonnes of the manufacture of iron and steel in Bellary District, Karnataka. The appellant, in view of the urgent need to protect its interests, filed Arbitration Petition No. However, the respondent filed a petition under Section 9 of the Act in the Bombay High Court being Arbitration Petition No. The above appeal was filed by the appellant seeking special leave to appeal against the final order dated 02.03.2006 passed by the High Court of Bombay in Arbitration Petition No. An appeal was preferred by the respondent against the order passed by the Principal District Judge, High Court of Karnataka which allowed the appeal filed by the respondent and directed that the issue of jurisdiction would have to be decided by the Bombay High Court in respondents Arbitration Petition No. In other words, the appellant seek to impugn the judgment dated 02.03.2006 whereby the High Court has held that jurisdiction of the Court under the provisions of the Arbitration Act may be assumed by a Court exercising jurisdiction in a place where numberpart of the cause of action has arisen, if the respondent being a Company has a Corporate Office at the place where the Court is moved. By the said order, the High Court, according to the appellant, has wrongly assumed jurisdiction to entertain petitions under Section 9 of the Arbitration and Conciliation Act, 1996 hereinafter referred to as the Act despite holding that the entire cause of action has arisen outside its territorial jurisdiction. As a result thereof in various issues disputes including all power numberms, reimbursement of excise duty and income tax claims, maintenance of adequate quantities of suppliable liquids in the storage tanks of the respondent etc. A meeting was held at Mumbai between the representatives of the parties on 04.10.2004. 7078/2006 Dr. AR. The respondent filed an I.A. Lakshmanan, J. arose between the parties. Arising out of SLP C No. Hence the present appeal. Leave granted.
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5001 on the management of the said distillery. 5 of Distillery Licence held by them in form D 2. The appellant company runs a distillery at Karnal and was engaged. The management of the distillery have thus rendered their licence in form D 2 granted in favour of the karnal Distillery Co. Ltd., Karnal, liable to cancellation or suspension under sec. in the manufacture of liquor from molasses under a licence in form D 2 granted under section 21 of the Punjab Excise Act, 1914 by the Financial Commissioner of the State. The appellant represented that there was numberspace available in the distillery for the purpose whereupon the Commissioner required the appellant to companyer the existing storage tanks. 36 c of the Punjab Excise Act 1 of 1914 . 168 of 1968. After hearing the parties finally on December 5, 1967 he passed an order cancelling the distillery licence turning down the companytentions urged on behalf of the appellant. 500/was mala fide and made out of personal animosity of the Financial Commissioner. The Commissioner gave a direction to the appellant that it should at least arrange to companyer its uncovered molasses tank of the capacity of 30,000 maunds by October 31, 1962. After referring to the earlier order of June 5, 1963 and the above order of the High Court the Commissioner stated Since you have number paid the amount of penalty within the period fixed your licence has to be cancelled in terms of the above cited order of the Excise and Taxation Commissioner. The amount of penalty should be deposited by the management in the Government Treasury, Karnal, within a fortnight of the receipt of this order failing which action for cancellation of Distillery licence will be taken under S. 36 c idid. The Commissioner followed this up by a numberice dated October 16, 1964. 1256 of 1968. Another cheque for the amount was sent to the Commissioner in December 1966 which too was number encashed. The appellant wanted to change the date to April 21, 1963 which was number suitable to the Commissioner. The appellant, the petitioner before the High Court, prayed for quashing of two orders of the Excise and Taxation Commissioner dated 18th December 1967 and 28th December, 1967. By letter dated February 9, 1963 the appellant desired to have a discussion of the matter with the Commissioner. The appellant made another representation to the Commissioner on December 27, 1967 and this was rejected by an order dated December 28, 1967. By a letter dated February 4, 1963 the appellant was further informed that in case of their failure to companyply with the above requirement the department would have numberoption but to proceeding against them under companydition 5 of the distillery licence. Nothing appears to have been done by the Commissioner for a long time thereafter. He shall companyply With all directions of the Financial Commissioner regarding the character or purity of the liquor to be manufactured, the stock of spirit or material to be maintained, and all other matters in which companypliance is prescribed by rules made under the Punjab Excise Act, 1 of 1914. Thereafter more than one date was fixed by the Commissioner for the purpose but it appears that the dates fixed were Pot suitable to the representatives of the appellant. As the appellant was found to have failed to carry out the directions given under the Excise Act and the rules, the only companyrse open was to cancel the licence. 39 of 1968. The licensee shall pay regularly and by due date all payments which may become due to Government and in default thereof the Financial Commissioner may forfeit to Government the whole or any part of any security furnished by him under rule 6 of the rules By a letter dated April 11, 1962 the Excise and Taxation Commissioner of the State hereinafter referred to as the Commissioner directed the appellant to increase the companyered storage capacity of molasses by about 15 per cent. The said licence was granted on certain companyditions incorporated therein the relevant ones being The licensee shall observe the provisions of the Punjab Excise Act 1 of 1914 and of all rules thereunder, . The appellant replied by letter dated October 23, 1964 taking exception to the proposed action and companyplaining that the numberice to cancel the appellants licence for the trivial amount of Rs. 315 of 1964 in the High Court for quashing of the said order inter alia on the round that numbersufficient opportunity was given to it to represent its case before the making of the said order and that the Commissioner had numberpower to direct the appellant to companyer its uncovered storage tank. Taking the view that the appellant wanted to side track the issue the Commissioner made an order on June 5, 1963 , the relevant portion of which reads as follows They the appellant are thus guilty of violation of companydition No. It was further stated that the appellant was arranging to file an appeal in the Supreme Court against the order of the High Court of Punjab dated 20th August 1964 and a request was made to the Commissioner to stay his hands pending disposal of the same. However, instead of cancelling the licence, 1, in exercise of powers under sec tion 80 2 of the Act ibid, hereby impose a penalty of Rs. Apparently the Commissioner stayed his hands because of the pendency of the application for leave to appeal to this Court which was ultimately rejected. The last meeting fixed was for the April 19, 1963. The appellant enclosed a cheque for Rs. Appeal by special leave from the order dated March 25, 1968 of the Punjab and Haryana High Court in Letters Patent Appeal No. He gave a hearing to the appellant on June 5, 1967 whereafter the matter was adjourned from time to time. This is an appeal by special leave from an order dated March 25, 1968 of the High Court of Punjab and Haryana at Chandigarh passed in Letters Patent Appeal No. B. Dadachanji, for the appellant. 168 of 1968 where by the High Court dismissed in limine the said appeal filed by the appellant against the order of March 18, 1968 of a single Judge of the said companyrt in Civil Writ No. The order of the High Court was passed on 20th August, 1964. The cheque was number uncashed but sent back to the appellant on July 13, 1965. L. Sibal, B. N. Khanna, S. Harbans Singh, B. Datta, D. Mishra and J. 5001 with the reply without prejudice to its rights. Niren De, Attorney General, V. C. Mahajan and R. N. Sach they, for the respondents. In case you have anything to say regarding the above action you may submit your representation in writing within seven days of the receipt of this numberice. The appellant filed a Writ Petition No. The Judgment of the Court was delivered by Mitter, J. The facts giving rise to the Writ Petition are as follows. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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The names of members as and when numberinated or elected have to be numberified. The President and four members of the Board are to be numberinated by the State Government. Seven members have to be elected by registered homeopathic practitioners. Two members have to be elected from the Bihar Legislative Assembly from amongst its members and two members have to be elected by the members of the various Homeopathic Associations recognised in the State of Bihar. At the Board meeting of 14th of May 1988, apart from the President, three numberinated members and three elected members were present. b. four members to be numberinated by the State Government c. seven members to be elected in the prescribed manner by the registered homeopathic practitioners from amongst themselves d. two members to be elected by the Bihar Legislative Assembly from amongst its members in the prescribed manner and f. two members to be elected in the prescribed manner by the members of the Homeopathic Association or Associations recognised by the State Government for the State of Bihar. After February 1986, therefore, the Board companysisted of a new President, four new numberinated members and the existing seven elected members and the existing two members of the Legislative Assembly. By a Notification dated 31st of December, 1982, it seems that a Board was numberified by the State Government companysisting of a President, four numberinated members and other elected members. The Notification also set out that those members of the earlier Board whose appointments had been numberified under Notifications dated 17.8.1984 and 14.12.1985 the seven elected members and the two members of the Legislative Assembly shall companytinue as members of the new Board till they companyplete the term of three years. These appeals have been filed by the Bihar State Board of Homeopathic Medicine, Patna hereinafter referred to as the Board . The State Government may, by numberification establish a Board to be called the Bihar State Board of Homeopathic Medicine companysisting of a. a President to be numberinated by the State Government. On account of the curtailment of the duties of the appellant Board, even the existing staff of the Board was more than what was required by the Board. As on 14th May 1988, the term of the seven elected members had companye to an end. A meeting of this Board was called on 14th May 1988, when the Board Resolution abolishing the posts in question was passed. Provided that when the Board is established for the first time, the President to be numberinated under clause a and the members to be numberinated under clause b and the members to be elected under clause c , clause d , clause e or clause f shall be appointed by the State Govt. However, they were number replaced by seven new elected members. The Board is companystituted under the Bihar Development of Homeopathic System of Medicine Act, 1953. These are as follows Section 6 The names of the President and of any members numberinated or elected under section 4 shall be published by the State Government in the Official Gazette. Since the term of the President and four numberinated members was expiring on 31st of January, 1986, a Notification was issued on 29th of January, 1986 numberinating a new President and four new numberinated members. The names of the seven elected members were numberified only on 17th of August, 1984 after the elections were held. The Board, therefore, is a mixed body which is companyposed of various sets of members. During this period the Board was under severe financial companystraints. The names of the two members of the Legislative Assembly were numberified on 14th of December, 1985. No business shall be transacted at any meeting of the Board unless six members are present Provided that in an adjourned meeting all business postponed for want of quorum at the original meeting may be transacted if number less than three members attend such meeting. Their appointments were regularised in 1985 pursuant to a decision taken by the President of the Board. In fact, as far back as in 1978, the President of the Board had requested the Government to adjust the excess staff of the Board in the Directorate of Health in view of the reduced work load of the Board. Clearly, therefore, the Board is a companyposite body and the terms of its various members expire at different times. The term of office of the members of the Board is prescribed by Section 5 which is as follows Section 5 Save as otherwise provided by this Act, the term of office of numberinated and elected members of the second and every subsequent Board shall be for a period of three years from the date of publication of their names in the official Gazette under section 6 and shall include any further period which may elapse between the expiration of the said period of three years and the date of the first meeting of the succeeding Board at which the quorum is present. While the term of the two Legislative Assembly members who were numberified on 14th of December, 1985, would expire on 14th of December, 1988. According to the appellant Board, this imposed an unnecessary financial liability upon the Board which was already under financial strain. and the Board as so companystituted shall hold office for a period of three years from the date of the publication of the names of the President and members in the official Gazette under section 6 or such further period as the State Government may by numberification, fix. The companyposition of the Board, therefore, keeps on changing. The appellant Board, therefore, companyvened a meeting on 14th of May, 1988 at which it passed a Resolution abolishing 8 posts of Homeopathic Chikitishaks which included the six posts held by the petitioners in these writ petitions. Section 13 The Board shall have an office at Patna and shall meet at such time and place and every meeting of the Board shall be summoned in such manner as may be provided by regulations Provided that until regulations are made it shall be lawful for the President to summon a meeting of the companyncil at such time and place as he may deem expedient by a letter addressed to each member on a clear numberice of fifteen days. It is an accepted position that since the seven elected members names were numberified on 17th of August, 1984, their term would expire only on 17th of August, 1987. Despite having such excess staff, six further appointments were made as a result of which the six petitioners in the writ petitions were appointed as Homeopathic Chikitshaks. From the recitals in the judgment of the learned Single Judge of the High Court, it seems that the term of the President and four numberinated members was to companymence from 31st of January, 1983 and, therefore, would expire at the end of three years on 31st of January, 1986. Consequently, a major part of the work of the Board relating to holding of examinations was transferred to the Bihar University. The Resolution of the appellant Board dated 14th of May, 1988 was challenged in these writ petitions by way of an amendment since the Resolution was passed after the writ petitions were filed. The six petitioners in the writ petitions were appointed as Homeopathic Chikitshaks on temporary ad hoc basis in or around 1983 1984. However, he has held that the Board which passed the Resolution in question was number duly companystituted in accordance with law. The Board shall be a body companyporate and shall have perpetual succession and a companymon seal with power to acquire and hold property, both moveable and immovable and to transfer any such property subject to the prescribed companyditions and shall by the said name sue be sued. The dispute relates to the abolition of 8 posts of Homeopathic Chikitshak out of which 6 posts were occupied by the six petitioners in the three writ petitions bearing number. It is pointed out in the companynter affidavit that pursuant to the Government Notification dated 22.11.1975, the appellant Board was divested of its powers to hold examinations and companyfer degrees and diplomas. Ultimately, the Additional Secretary in the Department of Health, Government of Bihar directed, inter alia, that in order to have a check on the financial burden of the appellant Board, numbernew post should be created and numbernew expenditure should be incurred. 4462, 4039 and 7424 of 1988 filed in the High Court of Patna. He has also found that the appointments of the six petitioners were irregular and should have been cancelled. A further direction was given that unnecessary posts should be abolished and irregular appointments should be cancelled. Hence the Resolution has numberlegal effect. The audit report raised certain objections to the additional staff being engaged and salary being paid to such additional staff. The Notification is number produced before us. This request was repeated in 1983. Mrs. Sujata V. Manohar,J. The writ petitions were originally for payment of salary and for other reliefs. From this decision, the present appeals have been filed before us. This decision has been upheld in appeal by the Division Bench of the Patna High Court. Sections 6 and 13 are also relevant. A Division Bench of the High Court has dismissed the appeals without any speaking order. Leave granted.
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P.C. 4 of 2014 in the Court of Special Judge and Chief Judicial Magistrate, Tiruvannamalai. M.P.Nos.648/2014 113/2015 before the CJM praying therein for their discharge from the case. Crl. Nos.825 and 826 of 2015 whereby the High Court dismissed the revisions filed by the appellantState and affirmed the order of the Special Judge Chief Judicial Magistrate, Tiruvannamalai by which the respondents herein were discharged under Section 227 of the Criminal Procedure Code, 1973 hereinafter referred to as the Crl. Heard Mr. S. Partha Sarathi, learned companynsel for the appellant and Mr. Neeraj Jain, learned Senior companynsel and Mr. S. Thananjayan, learned companynsel for the respondents. The State felt aggrieved by the order dated 29.06.2015 passed by the Chief Judicial Magistrate and filed two revisions in the High Court. Respondents A1 and A2 were working as Inspector of Police and Subinspector of Police respectively in the State Tamil Nadu Police Services. and remand the case to the Special Judge CJM for its trial on merits in accordance with law. On chargesheet being filed by the State Prosecuting Agency against the respondents after obtaining necessary sanction as required in law, both of them filed applications under Section 227 of the Cr. from the Criminal Proceedings filed against them in Special Case No.4 of 2014 under the Prevention of Corruption Act, 1988 hereinafter referred to as the PC Act . Both the respondents were prosecuted for companymission of the offences punishable under Section 7 read with Section 13 1 d of the PC Act in Crime Case No.3 of 2008/Special Case No. By impugned order, the High Court dismissed the revisions and affirmed the order of the Chief Judicial Magistrate, giving rise to filing of these appeals by the State by way of special leave in this Court. Having heard the learned companynsel for the parties and on perusal of the record of the case including the written submissions filed by the respondents, we are inclined to allow the appeals and while setting aside the impugned order, dismiss the applications filed by the respondents under Section 227 of the Cr. Signature Not Verified These appeals are directed against the final Digitally signed by ASHOK RAJ SINGH Date 2019.03.07 172909 IST judgment and order dated 14.07.2016 passed by Reason the High Court of Judicature at Madras in Crl. Abhay Manohar Sapre, J. R.C. Leave granted.
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681 of 1990 dated 12 9 1991. This appeal by special leave arises from the judgment of the Division Bench of the Bombay High Court in Appeal No. Leave granted. The appellants filed Writ Petition No.
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The work was being carried out by A 2 with his own labour and numberlabour on muster roll was employed by A 1. The work was executed in companyformity with the bills submitted by A 1 to the Government. to various rates applicable to the work. None of the bills companyld have been sanctioned for payment by the Accounts Department but for the certificate appended by A 1 to each of them that the work was being carried out departmentally under Rule 141 of the G.F.R. P.79, 80 and P.82 companytaining receipts relating to the work. The amount really spent by A 2 in execution of the work was numbermore than Rs. A 1 then had prepared register exhibit P 37 and muster roll exhibit P 36 on the basis of entries in a companyy book exhibit P 47 which had been supplied to A 1 by A 2. As the work of deepening and widening the Kumbarjua canal needed urgent attention, tenders for its execution were called and A 2 was found to be the only tenderer. No approval of the tender was received from the Government of India who directed, however, that the work be carried out departmentally. that the work be started immediately in anticipation of the said approval. had to be fulfilled and directed him to obtain the companycurrence of the Public Works Department P.W.D. By the end of April, 1966, A 1 was told that the work should be executed departmentally by engaging labour and number through A 2. The total amount mentioned in the receipts relating to the work was Rs. 4,73,537.50 paid by the Government to A 1 and by him to A 2, the work done was worth numbermore than Rs. He averred however that the bills were prepared number on the basis of labour engaged but on the volume of work done, that he never sup plied any labour to A 1, that the total material excavated amounted to 35,516.70 cubic metres, that there was numberquestion of keeping any muster or acquittance roll as the work was executed by the labourers on piece rate basis and that the average number of labourers working per day for execution of the work was about 700. for short for the various rates mentioned in a bill which A 1 had submitted earlier for payment in companynection with the work. Through a letter dated the 16th May, 1967 exhibit P 7 the Secretary, I.L.D., directed A 1 to have the work executed departmentally in accordance with the companyditions laid down in Rules 141 and 133 of the G.F.R. Through a letter dated 16th of May, 1966 Exhibit P 7 , the said Secretary informed A 1 that as the work was to be executed departmentally the companyditions laid down in Rules 133 and 141 of the General Financial Rules G.F.R. Nevertheless A 1 entrusted the work to A 2 who started executing it on March 15, 1966. 2.00 respectively Exhibit P 9 The two appellants entered into a companyspiracy to cheat the Government in relation to the execution of the work. Such companycurrence was actually obtained by A 1 Letters exhibits P 8 and P 9 . As the companyt of the work exceeded rupees one lakh and the tender was a solitary one, the Lieut. From the above findings the learned Special Judge companycluded that the two accused had entered into a companyspiracy to cheat the Government in the matter of the execution of the work by presenting inflated bills and receiving against them far greater amounts than had actually been spent, that muster rolls ultimately produced to support the bills companytained false averments and were forged documents, and that A 1 was fully aware that the certificate regarding the work being carried out departmentally in accordance with Rule 141 of the G.F.R. and to obtain companycurrence of the P.W.D. However that was number possible under the circumstances and the work proceeded as before. The Assistant Marine Surveyor, Shri DSouza PW.4 was instructed to personally supervise the work which was started on the 15th of March, 1966. The learned Special Judge further arrived at the findings given below from the oral evidence produced before him A 2 was fully aware that his tender had number been accepted by the Government and that A 1 had been directed to carry out the work departmentally. When objection was taken by the Directorate of Accounts at the end of the financial year to the passing of the bills on the ground that muster rolls were number being maintained, A 1 made enquiries from Shri DSouza PW 4 and learnt that A 2 had maintained a gang wise muster roll on the basis of which documents were prepared by Shri DSouza PW 4 under the orders of A 1 and were submitted to the I.L.D. and appended to each of the bills was false. A 1 was assured by the Secretary, I.L.D., that the necessary order approving the tender would soon be forthcoming and that the execution of the work should be taken in hand immediately in anticipation of orders. In his capacity last mentioned, the work of deepening and widening the Kumbarjua canal which companynects river Zuari with river Mandovi required his urgent attention as the canal had to be made navigable at low tide for the use of mine barges during monsoon season when the sea becomes rough and it is hazardous to navigate across the mouth of the river Mandovi at Aguda. Shri DSouza PW. Register exhibit P 37 was similarly prepared on the basis of written statements companytaining details of labour employed and submitted by A 2. Such companycurrence was obtained by A 1 on May 26, 1966, to payment of daily wages at the rates of Rs. 4,73,537.50 from the Government. 7 to 10 and 14 to 21, twelve in all, who did the work of excavation in the canal have stated that they passed receipts for all moneys received by them. From the documentary evidence placed on the record at the trial the learned Special Judge found the following facts proved Under directions of A 1 the execution of the work was started by A 2 before the tender submitted by the latter, which had been forwarded by the Lieut. The entries in the muster roll having been found to be suspicious, the case was entrusted to the Central Bureau of Investigation who found that, as against a total amount of Rs. A 2 would submit occasionally to A 1 hand written statements of the work done each day, specifying therein the details of quantity in cubic metres of the mud and salt excavated, the number without the names of male and female labourers employed, the companyt of labour in accordance with the approved rates, charges for the companyntry craft employed, etc. rates were Rs. Taking an average of 123 labourers per day, out of which, on the basis of the statements furnished by A.2, less than 12000 would be males at the rate of Rs. This book bears numberserial numbers. These receipts were all in one book, namely, Exh. P.82 was seized on a subsequent search. 3.00 per head for male and female labourers respectively although the prevailing P.W.D. P. 81 is definitely an account book and number a cash book. In the year 1965 the appellant Abdulla Mohammed Pagarkar hereinafter referred to as A 1 was holding the post of Surveyor in Charge, Mercantile Marine Department, Marmagoa as also of the Captain of Ports, Panaji. Another book Ex. A survey of the canal had been carried out by the Marmagoa Port Trust and its report had been submitted to the companycerned authorities. P.79, 80 and 82. 224 and 268 of 1977. P.82 was also found in subsequent search. 32,287.75 against which he manoeuvred, with the assistance of A 1, to receive a sum of Rs. Governor forwarded it to the Central Government for approval and did number accept a suggestion made by the Secretary to the Industries and Labour Department to be hereinafter called L.D. for sanction which used to be accorded after the companycurrence of the Finance Department had been obtained. In any case, A 1 acted in good faith and if any of the bills did number companyform to facts the reason must be that he had been cheated by A 2. All these three books companystitute Ex. After examining the oral evidence in relation to it he observed The evidence of these witnesses clearly indicated that the average total number of labourers working in the Canal per day were 100 to 160. Tenders were invited by A 1 through an advertisement in the press and appellant Moreshwar Hari Mahatme hereinafter described as A 2 was the only person to present one, which he did on the 5th of January, 1966. None of these statements bore the signature of A 2. Goa, Daman and Diu at Panaji in Criminal Appeal Nos. 4.50 and Rs. A 1 would get typed companyies of these statements prepared in his office and would send one of such companyies under his own signature to the L.D. 3.50 and Rs. Governor for approval to the Government of India, had been accepted. In any event, A.2 does number rely on any of these books number has he said anything to show that any payments were recorded therein, which are other than the payments shown in Ex. 4 used to check the volume and the kind of material excavated daily and to make entries in his numberebook accordingly. The appellants were tried jointly by the Special Judge, Panaji, who found them guilty and awarded them punishments as specified in the table below Serial Name of the Section of the law under Sentence number accused which companyviction recorded of the accu sed 1 2 3 4 Abdulla a Section 120B 1 Rigorous imprison Mohammed read with sect ment for two years Pagarkar ions 420, 468 and a fine of Rs and 471 of the 500/ ,the sentence Indian Penal in default of Code as also payment of fine Section 5 1 d being rigorous of prevention of imprisonment for Corruption Act. When suggestions were made to some of them that some payments were made to them without receipts, they denied the fact. 224 and 268 of 1977 in both of which a judgment dated 19th of March, 1977 of the Judicial Commissioner, Goa, upholding the companyviction of the appellants and the sentences imposed upon them by the trial companyrt is challenged. 224/77. 268/77. 76,247.43. 76,248.43. 151 to 200 for the period from 14 4 66 to 25 1 68 were missing. The stand taken by A 2 in defence was more or less the same. Godiwala, P. C. Ghokhale and B. R. Agarwala for the Appellant in Crl. Bhandare for the Appellant in Crl. CRIMINAL APPELLATE JURISDICTION Criminal Appeals Nos. The Judgment of the Court was delivered by KOSHAL, J. 19 and 21 of 1973. By this judgment we shall dispose of Criminal Appeals Nos. R. Khanna and M. N. Shroff for the Respondent. Appeals by Special Leave from the Judgment and Order dated 19 3 77 of the Judicial Commissioners Court. The prosecution case has to be set out at some length and may be stated thus. It was this companyclusion which led to the prosecution of the appellants. for one month. A. No.
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1979_327.txt
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Of the 68 vacancies, 24 vacancies were meant for open category, 21 for Other Backward Classes OBC , 21 for SC and 2 for ST. Of the 21 vacancies in the OBC, 10 alone companyld be appointed leaving 11 vacancies to remain. All the SC ST vacancies numbering 23 were also number filled up. It is number in dispute that all the 24 vacancies in the open category got filled up on merits. To trace the brief facts, on 15.04.2009 the High Court numberified and called for applications for filling up 68 vacancies in the Higher Judicial Service. Thereafter in the order dated 02.01.2012, the excerpts of the Full Court meeting dated 09.01.2010, companytaining the resolution on Agenda Item No.2 was taken on record and it was further directed that the report dated 24.12.2009 and supplementary report dated 09.01.2010 along with the numbere dated 24.12.2009 of the Registrar Selection and Appointment was directed to be produced to appreciate the arguments as to whether the carry forward rule was adopted by the High Court or number. Fakkir Mohamed Ibrahim Kalifulla, J. The challenge in the writ petitions was to the appointment made by the High Court to the post of Direct Recruit District Judges in the unfilled reserve vacancies, to the extent of 34 in number by way of promotion from the in service candidates by applying Rule 8 2 of the Uttar Pradesh Higher Judicial Service Rules, 1975 hereinafter referred to as the Rules . But on 03.01.2012, the order of the Division Bench merely mentioned that the matter was heard and the judgment was reserved. While referring to the above referred to proceedings of the Division Bench of the High Court, the learned senior companynsel brought to our numberice the reference to proceedings of the Full Court dated 11.12.2012, which was relied upon by the Division Bench in the impugned judgment and companytended that such reliance was placed upon by the Division Bench without giving due opportunities to the appellants. Aggrieved, the appellants have companye forward with these appeals. Since the issues involved in the above appeals are identical, all these appeals are disposed of by this companymon judgment. What final order. Leave granted.
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2015_63.txt
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In the first place, the High Court has number disbelieved the essential details of the prosecution case but has merely tried to disengage the truth from falsehood, the grain from the chaff and in this process it has acquitted all those accused against whom the evidence was number acceptable or who companyld be reasonably suspected of having been implicated due to enemity. Murtaza Fazal Ali, J. This appeal by special leave is directed against a judgment of the Allahabad High Court companyfirming the companyviction of the appellants for offences under Sections 302 and 325 read with Section 149 of the Indian Penal Code as also for some less serious offences.
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1980_444.txt
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The appellant runs a Paper Factory at Dalmianagar in the State of Bihar, wherein paper is manufactured for sale from rawmaterials such as bamboo, companyton rags and waste paper etc. The respondent was appointed and employed in the Waste Paper Department of the Paper Factory and had been working as Sectional Officer in the said Department since 1964. The respondent assailed the order of his termination by making a companyplaint in writing to the Labour Court, Patna under section 26 2 of the Bihar Shops Establishments Act, 1953 hereinafter called the Bihar Act. The Labour Court tried the issue of maintainability of the petition of companyplaint as a preliminary issue and by its order dated the 29th May, 1972 held that the respondent was number a factory worker within the meaning of section 2 1 of the Factories Act, 1948 and hence was an employee within the meaning of the Bihar Act. Lal Varain Sinha, P. P. Singh H. S. Marwah for Respondent No. The appellant companytested the respondents petition of companyplaint on merits as well as on the technical ground that it was number maintainable under the Bihar Act inasmuch as the respondent was number an employee within the meaning of section 2 1 of the said Act. The Labour Court, on merits, decided the matter on the 28th of February, 1973 and allowed the petition of the respondent and ordered his reinstatement with full back wages. The management received information from one of its dealers, M s G. D. Bansal of Gwalior, that the respondent was acting against the interest of the Company and was divulging its secrets and companyfidential matters to outsiders for monetary companysiderations. His case was that he was discharged from service without any rhyme and reason, numberdomestic enquiry was held to prove any charge against him, number was be offered any wages in lieu of one months numberice. 650 of 1973 . Thereupon the management terminated the services of The respondent by a numberice dated the 10th of June, 1970 with immediate effect, and according to its case, it had offered one months wages in lieu of numberice. B. N. Sinha, B. P. Maheshwari and Suresh Sethi for the Appellant. The appellant challenged the orders of the Labour Court by a fresh writ petition but the Patna High Court dismissed it. Shri Ram lakhan Singh, respondent number 1 for brevity, hereinafter called the respondent was, an employee of M s Rohtas Industries Ltd., the appellant. The appellant moved the High Court by a writ petition against the said order of the Labour Court but was asked to agitate this point after the final decision was made by that Court. 1821 of 1977 Appeal by Special Leave from the Judgment and Order dated 19th August, 1976 of a Bench of High Court of Patna in W.J.C. The Judgment of the Court was delivered by UNTWALIA, J. Hence this appeal. CIVIL APPELLATE JURISDICTION Civil Appeal No. This is an appeal by special leave. a No.
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1978_377.txt
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Consequence thereof is that the custody of child has remained with the appellant. She stated in this petition that she had been in companytinuous possession, care and protection of the child since her birth and the respondent had numberlove and affection for the child. The High Court has found it appropriate to handover the custody of the child to the respondent mother. In his absence, when he is away for duty, his Orderly looks after the girl child. On the other hand, the respondent had been devoting all her time to the child after companying from the school and during her duties in the school, the child is being looked after by her parents who had been frequently visiting the matrimonial house. The child shall remain with the father on Friday followed by Saturday and Sunday. After interaction with the child, Ms. Kanungo has submitted her report dated December 12, 2016 stating that the child is more interested in living with her father as she does number want to change her present living environment. In the opinion of the High Court, the respondent, being mother of a girl child who was even less than five years of age at the relevant time, was better suited to take care of the child and this companyrse of action is in the best interest of the child. On November 23, 2016, after some interaction, it was felt that since Saesha has remained in the companypany of her father for all these years, influence of the appellant on the child is predominant. Thereafter, this Court has passed certain orders for handing over the custody of the child during festivals or vacations. On the birthday of child, custody of Baby Saesha Singh would be entrusted to the respondent for a period of 4 hours in the evening, the exact hours to be mutually agreed upon by the parties. As Ms. Iti Kanungo was also present, she interacted with the child for quite some time and, thereafter, informed the Court that some more interaction was needed. For this purpose, a meeting on November 26, 2016 was fixed when the child was to be produced before her at the Family Court, Patiala House, New Delhi. She pleaded that for the mental well being and proper upbringing of the child, her custody should be given to the respondent, being her natural mother and she be also appointed as her guardian. On the companytrary, it is the appellant who had provided all necessary expenses for the maintenance of the child, and even the respondent. In order to have proper psychological and sociological analysis of the desires of the child, this Court deemed it appropriate to take the services of Ms. Iti Kanungo, who is Principal Counsellor attached to the Family Court, Patiala House, New Delhi. The Principal Judge, Family Court was of the opinion that the appellant is fit person to retain the custody of the child and, therefore, dismissed the petition filed by the respondent herein. The trial companyrt framed the issue which touches upon the dispute that is whether the petitioner the respondent herein is entitled to custody of the child. The instant appeal came up for arguments on November 22, 2016 when this Court directed that the child be brought to the companyrt on November 23, 2016 so that the Court is able to interact with her. The child shall be returned safely to the mother on Sunday at 6.00 P.M. Each year during Summer vacation custody of Baby Saesha Singh would be entrusted by the appellant to the respondent for a period of 15 days to be inter se agreed upon between the parties and in case of any number agreement, the dates ts be decided by the4 learned Family Court. The appellant herein companytested the said petition by filing the written statement wherein he took the stand that the respondent was number in a position to look after the child as there is numberody to look after her when the respondent goes for work. She also alleged that the appellant leaves for his office at 8.30 a.m. and returns back late in the evening and, therefore, he is number in a position to look after the basic needs of the child. Each year during Winter vacations Baby Saesha Singh would be entrusted by the appellant to the respondent for a period of 4 days to be inter se agreed upon between the parties and in case of any number agreement, the dates to be decided by the learned Family Court. 43 of 2010 under Section 25 read with Sections 10 and 12 of the Guardians and Wards Act, 1980 hereinafter referred to as the Act on August 26, 2010 for the custody and appointment of the Guardian of the minor daughter, Saesha Singh before the Principal Judge of the Family Court at Delhi at Dwarka, New Delhi. The appellant is an army officer posted in Meerut and the respondent is a teacher in Kendriya Vidyala 3, INA Colony, New Delhi. This, so called sacrosanct alliance, alluded the companyple, inasmuch as soon after the marriage, matrimonial discord surfaced, which has loosened the said knot. The appellant and the respondent tied matrimonial chord on November 25, 2007 as per Hindu rights and ceremonies. He also mentioned that respondents parents are residing at NOIDA whereas she is working and living in Delhi. She had even expressed her desire to remain with the appellant. The report also indicates that bitter relationship between her parents discomforts her and she wants to sleep, play and study as per her own desire like any numbermal kid. He even accused the respondent for invariably getting drunk on their visits to Army Officers Mess in the parties. The respondent challenged the order of the Family Court by filing the appeal, i.e. FOA No. Both the parties blam each other for this sordid state of affairs. As the appellant had number companyplied with the direction of the High Court, it had resulted in filing companytempt petition by the respondent against the appellant. While issuing the numberice, this Court stayed those companytempt proceedings as well. Visitation rights of the respondent, however, as per interim arrangement vide orders dated February 21, 2012 by the High Court during the pendency of the appeal were restored. After receiving this report, we had heard the companynsel for the parties at length. After making certain peaceful efforts in this behalf, the respondent filed petition being GS No. 39 of 2012 in the High Court which has been allowed by the High Court. In special leave petition number companyverted into instant appeal numberice was issued on July 01, 2013. K. SIKRI, J. Evidence was led by both the parties who examined themselves as PW 1 and RW 1 respectively. She was also requested to companye to the Court on that day.
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2017_554.txt
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Various issues were raised before the Tribunal as well as the High Court with respect to the liability of the appellant assessee to pay tax which, in nutshell, are as follows That there is numbertransfer of rights of users by the assessee when he realized rental charges for glass bottles and crates. The present appeal arises out of the judgment dated 10.12.2007 passed by the learned Single Judge of the High Court of Allahabad Lucknow Bench whereby the learned Single Judge has dismissed the tax revision filed by the Appellant under section 11 of the U. P. Trade Tax Act hereinafter referred to as the Act impugning the judgment dated 14.8.2007 passed by the Trade Tax Tribunal, Lucknow rejecting the second appeal of the appellant assessee. Dr. Mukundakam Sharma, J. Leave granted.
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2011_981.txt
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827 829 831 956/72 . 830 831 956/72 . 823/72 . 825 829 831 and 956/72 and respondent number 1 in c.a. number 823/72 . 825 826/72 . datta for the appellants in c.a. 825831 956 823/1972. 827 828 856/72 . number. 825 831 956 of 1971.
appeals by certificate from the judgment and order dated february 23 1972 of the punjab haryana high companyrt at chandigarh in civil writ number. s. golani and kailash mehta for the appellant in c.a. the companylector karnal out an area of 1154 acres in villages pehowa and murtzapur jointly to karnal companyperative society limited pehowa and lyalpur companyp. s. das bahi for the respondent number 52 cm c.a. d. sharma for respondent number 1 in c.a. datta and s. k. dhingra for the appellants in ca. number 826 1972 .
c. manchandda and j. c. talwar for respondents in c. as. 2147 2168 2172 2200 and 2185 of 197 1.
civil appeal number 823 of 1972.
appeal by certificate from the judgment and order dated february 23 1972 of the punjab haryana high companyrt at chandigarh in civil writ number 2112 of 1971.
n. singhvi b. datta and s. k. dhingra for the appellant in c. as. number 830/72 . number 829/72 . 1008 urmila kapoor and kamlesh bansal for respondents in c.as. 828/72 . s. khanduja for respondent number. 2 5 9 11 in c.a. 1 2 in c.as. bishan narain and b. d. sharma for respondents number. the judgment of the companyrt was delivered by grover j. in these appeals by certificate from a judgment of the punjab haryana high companyrt the main question required determination relates to the scope ambit and true interpret of s. 7 read with s. 1 1 of the east punjab utilization of land act 1949 hereinafter called the act. the lessees were required hand over possession to the original owners. on june 15 197 the sub divisional officer passed an order directing the tehsil to take possession of the land and give actual possession the of to the original owners. civil appeals number. in the numberice it was stated inter alia that the origin owners had applied for the return of the land leased out as the period of the lease had i expired. civil appellate jurisdiction civil appeals number. these proceedings were challenged in the high companyrt under art. 226 of the companystitution.
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1972_583.txt
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Accused Nos. When he reached the field of one Chandan Singh all the accused overtook him. The five accused emerged from the field. The accused were absconding. On 15th Aug., 1975 at about 5 p.m. P.W.2 Bant Singh along with his sisters son P.W.4 Harbhajan Singh and his sister were hoeing the maize crop in their field. Tara Singh and Dial Singh, the two appellants herein were armed with Kirpans while their other two brothers were armed with gandasas and the 5th accused was armed with takwa. The first appellant A1 inflicted a kirpan blow on his neck while the second appellant also inflicted another blow on the neck and they inflicted further blows on the deceased on receipt of which he fell down. The accused thereupon ran away. In the year 1971 he logded a report stating that some cement pipes in his fields were removed by the four brothers accused Nos. P.W.2 who is witness of the occurrence went to the village which is half mile away and informed the Lambardar, P.W.5. P.W.2 then went in the companypany of the Lambardar to the Police Station at Samrala which is at a distance of 61/2 miles and lodged a report at about 8.45 p.m. on the same evening. 1 to 4 are brothers and the 5th accused is the relation. The other accused thereafter are said to have given him some blows. The deceased one Hazura Singh aged about 80 years was the Sarpanch of the Village. Hazura Singh the deceased came on the spot and after going around the field was going towards the path, at a distance of about 40 Karams from where the prosecution witnesses were working. There were security proceedings also between P.W.2 son of the deceased and the two appellants and their brothers. The two appellants and the three other accused who were also tried along with them are residents of Village Lopon in Ludhiana District. P.W.3 was also working in a neighbouring field which he had taken on lease. In that view of the matter the learned Judges companyvicted the two appellants only to whom specific overacts are attributed and acquitted accused Nos. She also opined that injuries Nos. 7,8 and 11 were either on the neck or near about. The deceased hearing this tried to run away. Some of them were on the head and injuries Nos. 9 registered the crime and issued an FIR which reached the Magistrate at about 2.45 A.M. P.W.9 took up the investigation, reached the place of occurrence at about 9.45 p.m., held the inquest and companypleted the same by 11.55 p.m. Then the body was sent for post mortem. The doctor opined that the death was due to shock and haemorrhage. 1,500/ each. The next day at about 9.30 A.M. Dr. Bimla Kalra, P.W.1 companyducted the post mortem and she found as many as 12 incised wounds and one companytusion. 1 to 5 which were on the head were also individually sufficient to cause death. The learned Judges after companysideration of the evidence were of the view that because of the interested nature of the evidence of the main eye witnesses and to avoid any innocent being companyvicted it would number be safe to rely on any omnibus allegation. P.Ws 2 to 4 who had seen the crime raised an alarm. 3 to 5. 1 to 4 along with other members of the family. Then later they were arrested and at their instance the weapons were recovered. The Sub Inspector P.W. A case was registered and the trial was pending. The material facts of the case are as follows.
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1990_393.txt
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5,000/ to be paid to him by Gopichand for omitting the injuries companytusions found on the person of Kanayyalal. On the demand made by the appellant Gopichand handed over fifteen currency numberes of Rs. The defence of the appellant was that at the relevant time, while he was engaged in companyversion with Dr. Mukhi, Gopichand surreptitiously planted those numberes in the left side pocket of his shirt Bengali shirt about with he had numberknowledge. Dr. Mukhi PW 4 a post graduate student in the Department of Surgery, who was a close friend of Gopichand, was with him when the autopsy was performed. Thereafter Gopichand reported the matter to the Anti Corruption Bureau vide the companyplaint Exh. On 14 9 1985 at about 7.00 p.m. Gopichand accompanied by Dr. Mukhi and Manohar PW 3 reached the house of the appellant. Dr. Mukhi, apprehending that such a report may land his friend Gopichand in difficulty, requested the appellant number to mention the other injuries numbericed by him. Further, according to the appellant, when he shock hands with Gopichand at the time of his arrival in his appellant house, his left hand had companye in companytract with Phenolphthalein powder. Necessary arrangements were made for a raid on the 14th of September, 1985 when Gopichand was to meet the appellant for paying the illegal gratification demanded from him. At that time on getting the signal from Gopichand the Inspector, Aziz PW 5 and other members of the raiding party, reached the spot, recovered the tainted currency numberes from the appellant fingers of the left hand of the appellant were found to be tainted with Phenolphthalein powder. The appellant placed the numberes in his left side shirt pocket Bengal shirt . Thereafter the appellant through Dr. Mukhi asked for a sum of Rs. The short resume of facts necessary for determination of the points raised on behalf of the parties may be stated thus On 11 9 1985 Kanayyalal, father of the companyplaint Gopichand PW 1 died due to burn injuries. which had been chemically treated with Phenolpthalein powder. 1,500/ . The panehnama Exh. The appellant Dr. Singhal who was then a lecturer in Forensic Medicine Department of the Medical College at Nagpur, companyducted the autopsy. 500/ on each companynt, in default R.I. for 10 days on each companynt. It was alleged that at the time of autopsy, the appellant expressed that he found certain injury marks companytusions on the person of Kanayyalal and if he mentioned those in the report the case would be a medico legal one. 100/ denomination each amounting to Rs. 426 of 1991 in which the Judgment Order of companyviction and sentence passed by the Special Judge at Nagpur in Spl. The substantive sentences awarded on different companynts were ordered to run companycurrently. On appeal by the accused appellant herein the High Court found numbermerit in the companytentions raised on behalf of the appellant and dismissed the appeal. The learned Special Judge accepting the prosecution version rejected the defence case and recorded the finding of guilt against the appellant and companyvicted him of the charge under Section 161 of the Indian Penal Code and Section 5 1 d read with Section 5 2 of the Prevention of Corruption Act, 1947 hereinafter referred to as the Act and ordered him to suffer R.I. for six months on each companynt and further to pay a fine of Rs. The main thrust of the companytentions of Shri Ranjit Kumar, learned Counsel for the appellant was that the Order sanctioning prosecution of the appellant was number passed by the companypetent authority, therefore, the entire proceeding in the criminal case was vitiated. After some negotiation, the amount was fixed at Rs. The trial companyrt and the High Court erred in rejecting the companytention raised on behalf of the appellant in this regard. This appeal is directed against the Judgment of the Bombay High Court, Nagpur Bench, in Criminal Appeal No. 6 of 1987 against the appellant was companyfirmed. P. Mohapatra, J. 31 ii was drawn up. Case No. Hence this appeal by the special leave granted by this Court.
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2000_776.txt
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1 that his sister Sandhya had companymitted suicide. The learned trial Judge principally posed four questions, namely, whether the accused persons had inflicted unbearable torture on the deceased as well as caused mental harassment to make themselves liable for punishment under Section 498A IPC whether the material brought on record established the offence under Section 304B read with Section 34 IPC whether the physical and mental torture on the deceased companypelled her to companymit suicide on 11.9.2001 as a companysequence of which the accused persons had become liable to be companyvicted under Section 306 read with Section 34 IPC and whether the accused persons had demanded a sum of Rs.2 lacs towards dowry from the parents of Sandhya so as to be found guilty under Section 4 of the Dowry Prohibition Act. On 11.9.2001, the informant, brother of the deceased, got a telephonic call from the accused No. 1 and deceased Sandhya, sister of the informant, PW 2, was solemnized on 24.9.1997. The brother of the deceased did number believe the version of Kamlesh, and lodged an FIR alleging that the husband and the mother in law of the deceased, after the marriage, had been companystantly asking for dowry of Rs.2 lacs from the father of the deceased, but as the said demand companyld number be satisfied due to the financial companydition of the father, the husband and his mother started ill treating her in the matrimonial home and being unable to tolerate the physical and mental torture she was companypelled to companymit suicide. 158 of 2001 wherein the learned trial Judge had found the appellants guilty of the offences under Sections 304B, 306 and 498A read with Section 34 of the Indian Penal Code for short IPC and Section 4 of the Dowry Prohibition Act, 1961 and imposed the sentence of rigorous imprisonment of seven years and a fine of Rs.1,000/ on the first score, five years rigorous imprisonment and a fine of Rs.1,000/ on the second score, eighteen months rigorous imprisonment and a fine of Rs.500/ on the third companynt and six months rigorous imprisonment and a fine of Rs.250/ on the fourth companynt with the default clause for the fine amount in respect of each of the offences. 531 of 2004. On receipt of the telephone call he travelled from Goa along with his friend, Sandil Kumar, PW 20, and at that juncture, the husband of Sandhya, Kamlesh, informed that the deceased was fed up with the companystant ill health of her children and the said frustration had led her to companymit suicide by tying a dupatta around her neck. After the marriage the deceased stayed with her husband and the mother in law, the appellant No.2 herein, at the matrimonial home situate at Jamnagar in Patel Colony Sheri No. After the criminal law was set in motion on the base of the FIR lodged by the brother, the investigating officer examined number of witnesses and after companypleting all the formalities laid the charge sheet under Sections 304B, 306 and 498A read with Section 34 IPC and under Section 4 of the Dowry Prohibition Act, 1961 before the companypetent Court, who, in turn, companymitted the matter to the Court of Session. The learned trial Judge answered all the questions in the affirmative and opined that the prosecution had been able to prove the offences to the hilt and, accordingly, imposed the sentence as stated hereinbefore. The learned trial Judge stipulated that all the sentences shall be companycurrent. 1, Jamnagar in Sessions Case No. The High Court at the stage of admission had suo motu issued numberice for enhancement of sentence which was eventually companyverted to Criminal Revision Application No. Filtering the unnecessary details, the prosecution case, in brief, is that the marriage between the appellant No. Be it numbered, as the death was unnatural, the police had sent the dead body for post mortem and the doctor companyducting the autopsy opined that the death was due to suicide. Grieved by the judgment of companyviction and the order of sentence the appellants preferred Criminal Appeal No. The prosecution, in order to establish the charges levelled against the accused persons, examined 22 witnesses and got marked number of documents. The accused persons denied the allegations and claimed to be tried. The State had preferred Criminal Appeal No. The appeals and the revision application were disposed of by a companymon judgment dated 6.9.2007 whereby the Division Bench of the High Court companycurred with the view expressed by the learned trial Judge and, accordingly, dismissed the appeals preferred by the accused as well as by the State and resultantly Criminal Revision initiated suo motu by the High Court also stood dismissed. The number success in the appeal has companypelled the accused appellants to prefer this appeal by special leave. 1889 of 2004 for the self same purpose. 531 of 2004 whereby the Division Bench of the High Court has given endorsement to the judgment passed by the learned Additional Sessions Judge, Fast Track Court No. 1, Ms. Nidhi, learned companynsel for the appellant No. Thereafter, there has been advertence to the issue of enhancement of sentence in the appeal preferred by the State and how the said appeal did number merit companysideration. In the wedlock, two children, one son and a daughter were born. Dipak Misra, J. Assailing the legal acceptability of the judgment and order passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal No. 444 of 2007. The defence chose number to adduce any evidence.
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2013_1012.txt
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Divya enhanced its offer to Rs.85 lakhs from 37 lakhs and it was declared as the highest bidder. 1.25 crores and M s Divya offered Rs. 85 lakhs, Divya also agreed to re employ the workmen of Tirupati Mills. 3 entered into an agreement with appellant Divya whereby Divya agreed to run Tirupati Mills and to provide re employment to the workmen of the said Company upon purchase of the assets and properties of the said Company under liquidation. Hence, the offer of Divya was accepted and sale was companyfirmed in its favour on the companyditions mentioned therein. Inspite of being the highest offeror the sale was number companyfirmed in favour of the Divya as the Bank pleaded that they should be given further opportunity to bring a higher offer. On 14th May 1998, on behalf of auction purchaser Divya an application was filed companytending therein that it wanted to back out from the offer to purchase the Company for an amount of Rs.85 lakhs. In the meantime, numberice for sale was issued and the Official Liquidator published an advertisement inviting offers for the sale of the assets and properties of the Company in liquidation in newspapers. On 5.7.1997, Tirupati Woolen Mills Shramik Sangharsha Samity Samity for short respondent No. 16 of 1998 whereby the sale of the assets and properties of the Tirupati Woolen Mills Limited Tirupati Mills for short under liquidation companyfirmed on July 2, 1998 in favour of the appellant Divya Manufacturing Co. Divya for short had been recalled and set aside on the application of respondent No.7, Sharma Chemical Works For short Sharma and respondent No.8, Jay Prestressed Products Ltd. Jay for short herein. By order dated 9th March, 1998, the part of the order dated 6.2.1998 companyfirming the sale in favour of Divya was stayed. 741 of 1997 before the High Court of Calcutta inter alia praying that i the assets and properties of the companypany be sold to Divya at the price valued by the Official Liquidator and or valuer appointed by him or at such price as the Court may deem fit and proper ii Divya be directed to re employ all the workers as agreed by agreement dated 5.7.1997 and iii the Official Liquidator be restrained from taking further steps with regard to the sale of their assets and properties. On 6.2.1998 when the matter was heard, as numberone turned up to make any higher offer, the offer of the Divya was companyditionally accepted by the learned Single Judge with liberty to the secured creditors to find higher offer within 30 days. On 26th June 1998, the Court directed the Official Liquidator to open sealed companyers companytaining the offers by six bidders. In addition to its offer of Rs. On 24.12.1997, the learned Company Judge directed the Official Liquidator to publish the Notice for Sale specifying that the factory of the Company in liquidation would be sold as a going companycern with a reserved price fixed at Rs.37 lakhs on the basis of valuation report. On 6th May, 1998, it was ordered that the Official Liquidator should take steps to companyduct fresh sale in the manner indicated in the said order and the Company be sold as a going companycern with a reserved price of Rs.85 lakhs. The learned Judge also numbericed that appellant Divya was agreeable to purchase the factory of the Company in liquidation as a going companycern and to provide employment to the existing workers who were out of employment since the last 12 years. On 17.1.1998, the Bank made application before the Company Court being CA 41 of 1998 for re advertisement of the sale. On 31.12.1997, the Union Bank of India valued the immovable properties of Tirupati Mills at Rs.1,21,00,000/ . The Official Liquidator was directed to publish sale numberice specifying the Company to be sold as a going companycern in the Hindustan Times, Statesman and Hindi newspapers in circulation in the State of Haryana. 1.01 crores, M s Jay Prestressed Proeducts Ltd. offered Rs. The learned Company Judge by order dated 22.12.1997 directed the Official Liquidator to indicate the valuation of the properties to all companycerned. On that day, the Court directed the matters to be placed for hearing on 2nd July 1998 for finalisation of sale either in favour of M s Eastern Silk Industries Ltd or M s Jay Prestressed Products Ltd. Again on 2nd July, 1998, additional offers of three bidders were received i.e. Finally, at the request of learned companynsel for Divya, Court permitted it to withdraw 80 per cent of the amount out of 85 lakhs and to keep 20 per cent of the amount i.e. On 21.4.95, the High Court of Calcutta ordered winding up of the companypany and directed official liquidator to take charge of the companypany. Inspection of the assets of the Company was allowed and 12 intending purchasers took inspection of its assets on 2.1.1998. 17 lakhs as deposit liable to forfeiture if ultimately there is numberbuyer who makes any bid for an amount of Rs.85 lakhs. In 1972, Tirupati Mills was incorporated to manufacture Carpet yarn at Sonepat Haryana . On 16.1.1998, about 14 parties made their offers to purchase the companypany. On 27.1.1994, BIFR proposed winding up of the Company. The High Court agreed to give a further opportunity to the offerors to match the offer of the appellant. On 17.12.1997, the Samity made an application No. The appellant was directed to deposit the balance sum of Rs.77 lakhs as per the numberice for sale. 141 and 107 of 1998 respectively before the Division Bench. The matter was kept for further proceedings on 17th June, 1998. However, respondent No.1 Union Bank of India pleaded that the approximate value of the companypany in liquidation was about one crore and if the same is to be sold after advertisement, they will have numbergrievance. Being aggrieved by the order dated 6.2.1998, respondent No.1, Bank and respondent No.3, the Samity preferred appeals being GA Nos. M s Eastern Silk Industries Ltd. offered Rs. Sale numberices as directed mentioning terms and companyditions were issued. The Court also numbered that the auction purchaser has number withdrawn the amount deposited by it and that auction purchaser reserved its rights and companytentions with regard to the sale already clinched in its favour by the learned Single Judge. Being aggrieved by the order dated 24.12.1997, respondent No.1 Bank filed an appeal, being CA No.22 of 1998 before the Division Bench for setting aside that order. 1.30 crores. The same was dismissed on 12.1.1998 with liberty to the Bank to agitate the same before the learned Single Judge at the time of hearing of the matter. Court numbered that the matter required companysideration and therefore, directed the parties to file necessary affidavits on or before 17th June 1998 when appeal was to companye up for companysideration. On 30.5.88, a financial institution filed a reference to the BIFR and it was declared as sick industrial companypany. These appeals are filed against the judgment and order dated 11.8.1998 passed by the Division Bench of the High Court of Calcutta in GA No. 344 of 1988 in Appeal ACO No. Shah, J.
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2000_1216.txt
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6183/97. The services of the appellant as well as similarly situated 12 other clerks were terminated by a companyposite order dated 14.5.1997, The other clerks whose services were terminated filed writ petition before the Patna High Court challenging the order of termination. It is number disputed that services of 13 clerks, including the appellant were terminated by a companyposite order. The said writ petition was numbered as CWJC No. The appellant also challenged the companyposite order dated 14.5.1997 terminating his services. Thereafter, the writ petitions filed by other similarly situated clerks were also allowed by the High Court following a decision rendered in CWJC No. It is also number disputed that the writ petitions filed by similarly situated employees were allowed by the High Court and they were reinstated in the service. Under such circumstances, the appellant filed a second writ petition before the High Court giving the entire facts and circumstances under which the earlier writ petition was number pressed. However, the High Court dismissed the writ petition on the ground that the earlier writ petition filed by the appellant was dismissed and, therefore, the second writ petition for the same relief was number maintainable. The High Court after numbering the statement made by learned companynsel for the appellant dismissed the writ petition filed by the appellant as number pressed. Leave granted The appellant herein was appointed as a clerk in the education department in the State of Bihar. The appellant thereafter filed letters patent appeal before the division bench of the High Court, but the same was dismissed. It is against the same judgment, the appellant has filed this appeal by way of special leave petition.
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2002_387.txt
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However, M s. New Ramdev Masala Factory was closed on 30th May, 1994. The case of the appellant complainant in companyplaint filed by it before the Magistrate is that it is running business of food products and had permitted M s. New Ramdev Masala Factory, wherein accused No.1 Mr. Jasvantbhai Somabhai Patel was one of the partners, to use the trademark Ramdev for seven years under agreement dated 4th June, 1990. Accused No.1 executed forged partnership documents with the help of other accused and thereby companymitted the alleged offences. The High Court declined to interfere with the Order dated 16th August, 2005, of the Judicial Magistrate, First Class, Sanand on a companyplaint filed by the appellant against fourteen accused for alleged companymission of offences under Sections 409, 420, 406, 467, 468, 471 read with Section 120 B and 114 of the Indian Penal Code directing the Police Sub Inspector, Sanand, to give a report to the Court within thirty days under Section 202 1 of the Code of Criminal Procedure, 1973 for short the Code instead of directing investigation under Section 156 3 of the Code, as sought by the appellant. ADARSH KUMAR GOEL J. This appeal by special leave has been preferred against the Judgment and Order dated 17th February, 2006 of the High Court of Gujarat at Ahmedabad in Special Criminal Application No.1821 of 2005.
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2015_124.txt
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56/63 against the appellant tenant for recovering possession of the building more particularly described at the foot of the plaint. In reaching this companyclusion the High Court was of the opinion that the 1947 Act extended protection to a tenant of an accommodation from ejectment and the definition of the expression accommodation does number include an open site only. A Division Bench of the High Court held that the lease was a lease of the land that is open site only and that once the original lease determined by efflux of time the appellant tenant had to vacate and handover possession of the land to the lessor or his successors along with the new companystruction without any right to claim companypensation thereof. 172/64 to the High Court of Judicature at Allahabad. This suit was companytested by the appellant on diverse grounds. 300/ p.m. as damages for use and occupation from March 11, 1963, till possession was restored to the plaintiffs respondents. A. Desai, J. Respondents landlords, filed suit No. At the hearing of this appeal Dr. Chitaley urged that during the pendency of this appeal, appellant filed Civil Miscellaneous Petition No. In accordance with this finding the High Court allowed the appeal, set aside the judgment and decree of the trial Court, and decreed the suit for eviction directing the appellant to pay mesne profits as herein indicated. Respondents preferred First Appeal Mo. Appellant filed this appeal by certificate granted by the High Court under Article 133 1 a of the Constitution as it stood in 1969. The High Court also fixed Rs.
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1981_126.txt
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In the said application, grounds for setting aside the award and for companydoning delay in filing application were mentioned. Thereafter on 5th May, an application for setting aside the award and for companydoning the delay for filing objections was filed by Advocate S. Bhattacharya. The said application was accompanied by affidavit of Bijon Kumar Ghosal, Executive Engineer, Farakka Barrage Project. Notice for filing objections was received by the appellants on 21.03.1997. Thereafter, another application under Section 33 of the Act raising objections against the award was also filed on 16.5.1997. For companydonation of delay, it was pointed out that Executive Engineer approached the advocate on 17th April and gave him instructions for drafting the application. Time of 30 days for filing the objections expired on 20.4.1997, which was a Sunday and, therefore, the date stood extended to 21.4.1997. On 5.5.1997, appellants filed an application for setting aside the ex parte decree and also submitted that application under Section 30 was ready. The matter was placed before the Court on 28.4.1997 and on that day the Court rejected the oral prayer of the learned companynsel for the appellants that since objection application under Sections 30 and 33 of the Act was under preparation, time to file such application be granted. On 18th, 19th and 20th April, the Court was closed being holiday, Saturday and Sunday respectively. The award was made rule of the Court on the same day. It was also stated that appellants companynsel started preparing the draft on 22nd April which was finalised on 29th and was thereafter engrossed, stamped and was made ready on 2nd May. The Arbitrator passed an award on dated 28.12.1996 against the appellants herein which was filed before the High Court on 6.3.1997. The learned Judge by order dated 25.9.1998 dismissed the said application. It was tendered before the Court on 5th May. Being aggrieved, the appellant moved the Division Bench by filing an appeal. Shah, J. Leave granted. That judgment and order is under challenge in this appeal.
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2001_84.txt
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was made to the Act by the insertion of sub s. 2 A to s. 34 by the Amending Act No. 34 2 A of the Bombay Tenancy and Agricultural Lands Act, No. The numberice was for one year as required by s. 34 1 and the tenancy was to terminate from after March 31, 1953. The companytention on behalf of the appellant is that s. 34 1 gives a right to the landlord to terminate the tenancy by one years numberice, which was given in this case in December 1951 before the Amending Act came into force. The appellant gave numberice of termination of tenancy to the respondent on December 31, 1951, under s. 34 1 of the Act. 2 A , introduced by the Amending Act, would number apply to numberices given before the Amending Act came into force. The landlord therefore made an application on April 7, 1953, under s. 29 2 of the Act for obtaining possession of the land to the Mamlatdar. The High Court allowed the application of the tenant, relying on its previous Full Bench decision in Durlabbhai Fakirbhai v. Jhaverbhai Bhikabhai 1 , where it was held that as the tenancy had 1 1956 58 Bom. 227 of the Constitution before the High Court and companytended that the provision of s. 34 2 A should have been taken into companysideration by the Revenue Courts in deciding the application of the landlord under s. 29 2 and that the revenue companyrts were wrong in the view they had taken that that sub section did number apply to the present proceedings. XXXIII of 1952, which came into force on January 12, 1953. 2258 of 1955 B. Dadachanji, S. N. Andley, and Rameshwar Nath, for the appellant. The brief facts necessary for present purposes are these The appellant is the landlord and the respondent a protected tenant. The tenant then filed an application under Art. LXVII of 1948 hereinafter called the Act . P. Sinha, M. I. Khowaja and A. C. Dave, for respondent No. 153 of 1958. He then went in revision to the Revenue Tribunal, which was rejected. Appeal by special leave from the judgment and order dated January 9, 1956, of the Bombay High Court in Special Civil Application No. In the meantime, an amendment. This appeal by special leave against the judgment of the Bombay High Court raises a question of the interpretation of a. March 27. The Judgment of the Court was delivered by WANCHOO J. The respondent thereupon appealed but his appeal was dismissed. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1961_287.txt
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She said that the relations between her husband and Vyanku were number good and Shivaji Patil and Nana Patil were friends of Vyanku Sutar. She further stated that Vyanku Sutar, Shivaji Patil and Nana Patil made companypany and assaulted her husband. The Police Patil questioned the ladies as to how Tulashiram was injured. The Police Patil further says that while he was present in the house a taxi came from Kolhapur and the mother and wife of Tulashiram deceased got down from the taxi. The Police Patil asked them about the incident. The accused Shivaji and Vyanku were friends. Parvatibai has deposed that she saw on the evening of January 30, 1972, Shivaji Patil hitting her husband with a stick. On the basis of the statement of Parvatibai the head companystable sent the companyplaint for regis tering the case against Vyanku Sutar, Shivaji Patil and Nana Patil under sections 302/34, IPC, though ultimately charge was filed by police only against Shivaji Patil. She stated that when she came to the front door she saw Shivaji Patil running with a stick from near about her husband. He again went to the house of Tulashiram deceased on 1st of February, 1972 and recorded the statement of Parvatibai. 11 Krishna Sadashiv Patil and P.W. 10 Shankar Patil, P.W. 3 Parvatibai, P.W. Myself, Vishnu Patil and sister in law bodily lifted my husband and took him to the house Somebody went and brought a local doctor named Jayant Patil. In the house Parvatibai, her mother in law Tanubai, her husbands sister Malutai, and her husbands companysin brothers wife Shalubai, were present. 12 Nanu Patil, all eye witnesses. Admittedly her mother in law, her two sisters in law and Shivaji Patil came present on the spot immediately thereafter. Hence, I raise a hue and cry and my mother in law and sister in law Malubai and Shalibai and Vishnu Patil came there. The house of deceased Tulashiram in Village Rashivade adjoins the temple of Shri Ambabai and in front of the temple, there is open place. The Police Patil in his report dated 31.1.1972 stated that at 10.30 A.M. on that day he went to the house of deceased. Rather Dr. Patil who came to the house little later was told by Tanubai that the family did number suspect anybody. Vyanku Sutar belonging to the brother hood of deceased was also living in the same village. The deceased along with his wife Parvatibai, two children and parents was living in the house. Vishnu Patil stated at the trial that numberody informed him about the accused or any other person who gave injuries to the deceased. Tulashiram asked his mother Tanubai to prepare tea and thereafter he went out and sat on the foot steps of the temple at a distance of about 15 to 20 feet from the house. Parvatibai did number disclose the name of the assailant to them or to anybody else. Hospital at Kolhapur. 3 at the trial After the tea was ready, I started going out of the house to call for my husband, when I went to the front door of my house, I saw the accused Shivaji hitting my husband with a stick on his head and running away. 3 Parvatibai all other eye witnesses were de clared hostile. When for two hours, Tulashiram did number regain companysciousness, Dr.Patil at about 11/12 P.M. took him to the hospital at Kolhapur in his own car. Cousin brothers of the deceased and their mother were living in the adjoining house. I went near my husband and started calling him. On January 30,1972 at about 7 or 7.30 P.M. Tulashiram returned to the house after performing his role described as Sasankathi in the festival of Mahi Poornima. Parvatibai claimed to have caught them in the sex act in sugarcane fields. Hospital my brother in law came there crying saying that my husband had overnight succumbed to his injuries. Hence in the morning, myself my mother in law and others went to Kolhapur by Yelavade Kolhapur Bus reaching there at about 8.30 A.M. The prosecution case, thus, hinges on the sole testimony of Parvatibai. Patharvat sent a companyplaint on 1st of February, 1972 wherein he stated that he came to know about the incident on the morning of 31st of January, 1972 and he went to the house of Tulashiram at about 10/11 A.M. and asked the in mates about the occurrence but numberody gave him any information. I saw my husband failing down from the steps and lying on the ground near the Deepmal. Hence myself and my mother in law started crying and shouting. In the morning next day, I came to know that my husband was removed to C.P.R. I did number see anybody else nearby then as I was busy attending to my husband. The deceased had illic it relation with Vyankus wife Akkatai. The appellant, Shivaji Patil was ac quitted by the Additional Sessions Judge, Kolhapur of the charge under Section 302, Indian Penal Code for companymitting murder of one Tulashiram Sutar, but on appeal the High Court by its judgment dated February 6, 1976 set aside the order of acquittal and companyvicted him under section 302 of the Indian Penal Code and sentenced him to imprisonment for life. On the basis of the Police Patils report a case was registered at police station Rachanagari wherein it was mentioned that the cause of death of Tulashiram was number known. The father of the deceased, an uncle and a distant relation were present in the house. My husband had become unconscious due to the head injuries and froth had companye out of his mouth. The doctor came there, examined and treated my husband and advised him to be removed to his dispen sary. Dr.Patil at the trial stated that Tanubai said to him and also gave in writing Ex. My husband was accordingly taken there, but I did number go, as my small children were crying and I was prevented from going there. The male members, namely, deceaseds father Pandu rang Sutar, his brother Soundappa and servant named Shama had gone to another village called Kote. Except P.W. We reached Rashivade at about 11 A.M. After reaching home, we were crying in agony and our house became full with females and I did number numberice who others had companye there. When we reached the C.P.R. 9 Krishan Wadkar, P.W. I saw him rubbing his feet on the ground in agony and blood was companying from the injury on his head. Hence some villagers brought a taxi, we were asked to sit in the taxi and we were taken to Rashivade even without showing the dead body to us. They replied that they had numberknowledge about the incident as they were number present in the house at the time of occurrence. What followed can best be reproduced in words of Parvat ibai as P.W. The prosecution produced P.W. I saw him running in the direction of the by lane. Head companystable B.S. 26 to the effect that she had numbercomplaint against anybody. My children had frightened. He made further enquiries from other people but numberody gave him any information regarding the assail ants. S. Bhasme and A.M. Khanwilkar for the Respondents. I companyld see this in the light of the tube light. The High Court felt satisfied by saying that she was in a dazed mood. The ladies were number prepared to talk and numberinformation regarding the alleged occurrence was given to him. Raghunath Singh Amicus Curiae for the Appellant. 636 of 1973. The Judgment of the Court was delivered by KULDIP SINGH, J. From the Judgment and Order dated 6.2. He companyld number speak. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 1976 of the Bombay High Court in Criminal Appeal No. 75 of 1979.
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1989_225.txt
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HI of 1947 was repealed. XIII of 1972, P. Urban Buildings Regulation of Letting, Rent and Eviction Act, 1972 in short the Act which came into force on 15th July, 1972, the Act No.
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1999_829.txt
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Governor of the National Capital Territory of New Delhi came to the companyclusion that the respondent had the inclination and the propensity for indulging in smuggling activities in an organized and clandestine manner and unless prevented the respondent was likely to indulge in such smuggling activities in future as well. Governor of the National Capital Territory of Delhi under section 3 1 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, for short, the Act of 1974 . The companytextual facts depicts that the respondent on arrival from Dubai on 20th November, 1992 at the Indira Gandhi International Airport, New Delhi, crossed the green channel along with a blue zipper bag but the respondents movement being suspicious he was intercepted near the exit gate of the arrival hall and was questioned for which he replied in the negative. Two independent witnesses were called and the respondents bag was searched wherefrom 16 gold pieces were recovered which companylectively weighed at 580 grams valued at Rs. The key reason foe such a challenge raised has been the issue of delay. Admittedly, the impugned order under the Act of 1974 was passed on 24th February, 1993 and the order was number served on to the respondent till 27th October, 1993 a delay of more than eight months the explanation sought to be given by the companycerned authority, however, is number companyvincing and as a matter of fact cannot be ascribed to be an explanation at all for such a gross delay in the matter of the nature as the present one. Prosecution and adjudication proceedings under the Customs Act, 1962 have already been initiated separately and the respondent was also detained under the provisions of the Act of 1974. The petition under Article 226 of the Constitution read with section 428 of the Code of Criminal Procedure was filed before the High Court at Delhi for quashing an order of detention dated 24th February, 1993 passed against the respondent herein by the Lt. It is this detention which stand challenged before the High Court in the petition under Article 226, as numbericed hereinbefore.
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2002_632.txt
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New Units in 90 of total tax100 of FCI Nine years. New Units 75 of total tax100 of FCI Nine years producing liability pollution companytrol equipments Pioneering units Prestigious units. Leather based New90 of total tax100 of FCI inSeven years Unit liability case of medium and large scale units and 125 of FCI in case of SSI units 1B. percentage of exemption in limit for exemption from terms of availing tax percentage of exemption from fixed capital tax investment FCI New Units Other 75 of total tax100 of FCI inSeven years than the units liability case of medium mentioned at and large items 1A to 1F scale units and 125 of FCI in case of small scale units 1A. Leather based 75 of total tax100 of Seven years units going in liability additional FCI for expansion or diversificat ion Sick Units 50 of total tax100 of FCI inSeven years liability case of medium and large scale units 125 of FCI in case of small scale units. New Units in 100 of total 100 of FCI Eleven years. granite and liability marble units. Large scale 25 of total tax100 of FCI Seven years. liability in scale units case of small, subject to an medium and largeoverall limit scale units of Rs.1.00 respectively crore and 100 of FCI in case of medium and large scale units. Item 4 speaks of New Units producing pollution companytrol equipments, pioneering units and prestigious units. New Cement units 75, 50 25 125 of FCI inSeven years. intensive units liability case of SSI as defined in the units and 120 Capital of FCI in case Investment of medium and Subsidy Scheme, large scale 1990 units. Units Other than75 of total tax100 of Seven years a cement unit liability additional FCI except in Tribal Sub Plan area and b large scale granite and marble units going in for expansion or diversification. If it is a small scale unit, the extent of exemption is 75, if it is medium scale, the extent of exemption is 50, and if it is large scale unit, the extent of percentage of exemption from tax is 25. The extent of percentage of exemption from tax under Item 1E depends on the type of unit or the industry. 100 Export 100 of total 100 of FCI Nine years Oriented tax liability Prestigious Pioneering units 7. New Very 90 of total tax100 of FCI Eleven years Prestigious unitsliability Other than cement units except in Tribal Sub plan Area 6. Item 5 relates to New Very Prestigious Units other than cement units except in Tribal Sub plan Area and the total percentage of exemption from tax is 90 of total tax liability and the maximum time limit for availing exemption from tax is eleven years. 1D New labour 75 of total tax145 of FCI inSeven years. The second companyumn speaks of type of units, the third companyumn speaks of the extent of percentage of exemption from tax, the fourth companyumn provides for the maximum exemption in terms of percentage of FCI and the fifth and the last companyumn provides the maximum time limit for availing exemption from tax. The Board while remanding the matter to the State Level Screening Committee held that the respondent assessee is entitled to 75 tax exemption by holding the respondent unit as Prestigious Unit under the Scheme. Item 1E specifically talks of New Cement Units except in Tribal Sub Plan area. The extent of the percentage of exemption from tax is 75 of total liability and the maximum time limit for availing exemption from tax is 9 years from the date of companymercial production. The maximum time limit for availing exemption from tax is restricted to seven years. After the introduction of numberification dated 13.12.1996, the exclusion is made to the expression New Units by specifically including certain type of industrial units by inserting items 1A to 1F. Annexure C provides for the quantum of sales tax exemption under the Scheme. Prior to issuance of numberification dated 13.12.1996, Annexure C was primarily companyfined to New Units. except in Tribal of total tax case of small Sub Plan area. Ceramic, Glass, tax liability Electronics, and for the first Telecommuni catiofour years, 90 ns industry for the next having a FCI of four years and Rs.25 crores or 75 for the more remaining period. Para C therein is relevant for the purpose of this case, therefore, omitting what is number necessary is extracted hereunder ANNEXURE C QUANTUM OF SALES TAX EXEMPTION UNDER THE NEW INCENTIVE SCHEME Item Type of Units Extent of the Maximum Maximum time No. 1E. The Committee rejected the claim of the respondent assessee and observed that since the respondent assessee is a large scale unit companyered under the specific provision of Item 1E of Annexure C, it is entitled to 25 exemption, by its order dated 15.01.1998. Ceramic, Glass, liability for Electronics and first three Telecommuni catioyears, 80 for ns industry next three years having a FCI and 75 for the between Rs.5 remaining crores and Rs.25 period. Being aggrieved by the said order, the respondent assessee filed appeal before Rajasthan Tax Board, Ajmer for short, the Board in respect of the calculation of eligible FCI as well as the exemption under the Scheme. This clause also envisages that the industrial unit which is granted an eligibility certificate by the Screening Committee is alone exempted to claim benefit of this numberification. Clause 4 of the Scheme provides for exemption from Payment of Sales Tax as per parameters mentioned in Annexure C to the said numberification. 1F. Reverting to state the facts, the respondent assessee had applied to the State Level Screening Committee for claiming benefit of exemption at 75 under the Scheme. crores 1C. The revenue being aggrieved by the decision of the Board, filed Tax Revision Petition before the High Court under Section 86 2 of the Act. 2A. Aggrieved by the order so passed by the High Court, the Revenue is before us in this appeal.
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2014_56.txt
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The other accused persons have actively associated themselves with the second marriage. 5,000/ along with gold ring and wrist watch, was given to him on the eve of the marriage. Later at the instance of her mother in law, who was also made an accused, she was being maltreated and even abused by the accused persons including her husband. She further alleged that her husband often used to beat her and had been insisting that she should get another sum of Rs. The appellant filed a petition of companyplaint against her husband, accused respondent No. 10,000/ from her parents for his business. Ultimately, the respondent married again and has got a second wife. The validity of an order passed by the High Court, in exercise of the power under Section 492 of the CrPC hereinafter referred to as the Code , quashing the criminal proceeding which has been initiated against the accused respondents, has been questioned in this appeal. 1 hereinafter referred to as the respondent , alleging that she was married to the said respondent and an amount of Rs. It was stated that earlier she had lodged a First Information Report, but when numberaction was taken by the police, the companyplaint aforesaid was being filed in the year 1990. P. Singh J. Leave granted.
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1993_977.txt
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1,83,000 paid by the assessee on March 26, 1965, should be treated as valid advance tax and should be deducted from 75 per cent, of the tax determined for arriving at the basis for imposing the penalty under Section 273 b of the Income tax Act, 1961 ?
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1990_464.txt
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The post of Project Director was advertised on 16.5.2005. She had further, voluntarily abandoned the services of the Society on 29.7.2003 and thereafter, she filed the said writ petition on 26.5.2005, only challenging advertisement dated 16.5.2005. She companyld number join as a Project Director in the Society as she had numberlien therein. However, respondent number1 was number permitted to join the Society. Thus, respondent number1 filed a writ petition on 26.5.2005, challenging the advertisement dated 16.5.2005, claiming her right to join the said post. Respondent number1 joined a post in the Panchayat Rural Development Department in Zila Panchayat, Indore in pursuance of the order dated 29.7.2003, passed by the Government of Madhya Pradesh. In order to give effect, i.e., to implement the said Scheme, a society, namely, the Child Labour Elimination Rehabilitation Society hereinafter referred to as the, Society , was formed on 12.4.1996 and the Collector became the ex officio Chairman of the said Society. Salary of respondent number1 was increased from Rs.4,000/ to Rs.8,000/ per month vide Order dated 16.7.1999. Her services in the Panchayat Rural Development Department were number required, and she was repatriated vide order dated 29.3.2004 to her parent department. It appears that in order to appoint the Project Director, certain names requisitioned from the Employment Exchange, were companysidered and respondent number1 was selected and appointed temporarily, vide letter dated 8.11.1996 on a fixed salary of Rs.4,000/ per month. This appeal has been preferred against the judgment and order dated 5.11.2008, passed by the High Court of Madhya Pradesh Indore Bench in Writ Appeal No.86 of 2007, by which it has affirmed the judgment and order of the learned Single Judge dated 17.7.2006, passed in Writ Petition No.1007 of 2006, by which the learned Single Judge quashed the advertisement dated 16.5.2005, inviting the applications for appointment on the post of Project Director. Facts and circumstances giving rise to this appeal are That the Central Government introduced a scheme for elimination of child labour with respect to which, the Director General of Employment and Training wrote a letter dated 15.7.1995, to the Collector, Khargone West Nimar to implement the aforesaid Scheme. Hence, even though her services in the Panchayat Rural Development Department were terminated on 29.3.2004, she approached the High Court only after lapse of a period of one year and two months. The appellants companytested the writ petition on various grounds, however, the writ petition was allowed by the learned Single Judge vide order dated 17.7.2006. She had also left the Society without obtaining any previous sanction from the appointing Authority, i.e., the District Collector. Thus, the iHHkkHigh Court ought number to have entertained the writ petition at all. Banthia, learned companynsel for the appellants has submitted that the High Court companymitted an error in allowing the said writ petition as respondent number1 was merely a temporary employee, and had joined another post under the alleged order of deputation, and had worked there for a period of 9 10 months. Shri B.S. Dr. B.S. Aggrieved, the appellants filed a writ appeal, which stood dismissed vide impugned judgment and order dated 5.11.2005. Chauhan, J. Hence, this appeal. Leave granted.
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2012_537.txt
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Ram Naresh Singh sought to execute the decree. Ram Naresh obtained the decree from the Court of Small Causes on February 18, 1953. The decreeholder purchaser, Ram Naresh Singh, took delivery of possession over these plots on March 14, 1957. Ram Lochan and Ram Naresh Singh carried a second appeal against the decision to the Board of Revenue. Land Reforms Act and that Ram Naresh Singh had been in possession since March 14, 1967, i.e., the date on which he obtained delivery of possession in execution of his decree as auction purchaser. more than three years after the delivery of possession to the decree holder purchaser, Ram Naresh Singh, under section 229B read with Section 209 of the U. P. Zamindari Abolition and Land Reforms Act in the Revenue companyrt against the present appellants, for a declaration that he is in possession of the suit land as Bhoomidar. The two Judges, in majority, held that the Small Cause Court had numberpower to execute the decree by attachment and sale of immovable property that the transferee companyrt, namely, the companyrt of the Munsif had the same powers as that of the Small Cause Court and, therefore, that companyrt also had numberjurisdiction to execute the decree by attachment and sale of the immovable property that the right to execute a decree by attachment and sale of immovable property is a matter of procedure, while the right to realise the decretal amount by attachment and sale is a substantive right of the decree holder, that the date on which the decree was put into execution, the amendment of Section 42 had already companye into force and the power of the transferee companyrt had become companyterminus with that of the transferor companyrt and that the amendment did number save the right of the appellant to execute the decree of the Small Causes Court by attachment and sale of immovable property. He pleaded that his father, Ram Naresh Singh was the original Bhoomidar and remained in possession of the suit land till his death and thereafter, the plaintiff as the heir of the deceased companytinue in possession as Bhoomidar. One Ram Naresh Singh deceased , brother of appellant 1 herein, namely Mahadeo Prasad Singh, obtained a money decree against Matadin on February 18, 1953 from the Judge, Small Causes Court, Varanasi suit No. The decree holder purchaser further sold the plots in dispute to defendants 2 to 5. the learned Judge held that the execution sale of the suit land was proper as per the provisions of Section 42 of the Code of Civil Procedure that prior to its amendment in U.P. The Board dismissed the appeal on the ground that the auction sale with regard to the suit land in pursuance of the decree of the Judge, Small Causes Court, was void and, as such, did number invest the decree holder purchaser with any title and companysequently, the possession of the appellant was without any title. The Board further held that the auction sale did number affect the suit under Section 209 of the U.P. 1954 and that the suit was number barred as res judicata or under Section 47 of the Code of Civil Procedure. As a companysequence, the decree was transferred from the Court of the Judge of Small Causes to the Court of Munsif, Varanasi, for execution. On the decree holders application under Section 39 of the Code of Civil Procedure, the decree was transferred to the Court of the Munsif on January 24, 1955 and was put into execution after the U.P. During the pendency of that second appeal, Ram Naresh Singh died and Mahadeo Prasad Singh, appellant 1, was substituted in his place. This sale in favour of the decree holder himself took place on July 20, 1956. Civil Laws Amendment Act 1954, the executing companyrt had the same powers in relation to execution as it would have had if the decree had been passed by itself that the decree in the present suit was passed on February 18, 1953, i.e. The plots in dispute were put to auction by the executing companyrt, and were purchased by the decree holder on July 20, 1956. He further alleged that the sale in favour of Ram Naresh Singh was without jurisdiction and a nullity as it had been made without the knowledge of or numberice to his father. prior to the companying into force of the Amendment Act of 1954 and, as such, the amended Section 42 did number apply to it and that the decree having been passed prior to the date of the amendment, should be executed in accordance with the provisions of Section 42 as it stood prior to its amendment and that as a result, the suit for declaration as well as for possession would have to fail. The Additional Commissioner further held that the possession of Ram Naresh Singh was unlawful as it was on the basis of the void sale, dated March 4, 1960, which companyld number companyfer any title on him that the judgment debtor had numberknowledge about the execution proceedings that the suit property worth Rs. The auction purchaser took delivery of possession as per Dakhalnama on March 24, 1957. Civil Laws Reforms and Amendment Act Act No. Civil Laws Amendment Act. It was companyfirmed on August 29, 1956 and the sale certificate was issued to the purchaser on September 8, 1956. Defendants 2 to 5 further pleaded that they were bona fide purchasers for value and, therefore, their rights in the suit land were protected under Section 41 of the Transfer of Property Act. The sale was companyfirmed on August 29, 1956 and the sale certificate was issued on September 8, 1956. by the U.P. Thereafter his son Ram Lochan respondent 1, herein, instituted a suit on June 14, 1961 i.e. The trial companyrt, by its judgment, dated August 30, 1965.
dismissed the suit, holding, inter alia, that It was barred by the principle of companystructive res judicata as also under Section 47 of the Code of Civil Procedure that the Revenue Court had numberjurisdiction to entertain and try the suit that the appellants 6 to 10 were bona fide purchasers for value and, as such, were entitled to the benefit of Sections 41 and 51 of the Transfer of Property Act that the suit was barred by Article 181 of the Limitation Act, 1908 as well as by Section 34 5 of the U.P. Next, at this stage, the relevant provisions of the Code of Civil Procedure and the U.P. The suit was resisted by the appellant, who is original defendant 1, and respondents 7 to 10, who are original defendants 2 to 5, inter alia on the ground that the suit was barred as res judicata and also under section 47 of the Code of Civil Procedure, and Article 181 of the Limitation Act. Zamindari Abolition and the Land Reforms Act. The learned Single Judge did number go into the question as to whether the suit was barred by Section 47 of the Code of Civil Procedure. Aggrieved, the plaintiff respondent 1 preferred an appeal to the Court of the Additional Commissioner, Varanasi, who by his judgment dated December 28, 1965, allowed the appeal and held that the executing companyrt had numberjurisdiction to sell the suit land under Section 42 of the Code of Civil Procedure, as amended by the U.P. 6,000 was for a very meagre amount and the sale was vitiated by fraud in publishing and companyducting the sale. Amendment Act XXIV of 1954 had companye into force. It arises in these circumstances One Matadin, father of Ram Lochan, respondent 6 herein, was a fixed rate tenant of the plots in dispute measuring 2.11 acres. They also, alleged that they had made improvements on the suit land and were entitled to the benefit of Section 51 of the Transfer of Property Act. Matadin, however, died sometime in 1960. To impugn the judgment of the Board, Mahadeo Prasad Singh, appellant herein, as well as respondents 6 to 10 filed a writ petition under Article 226 of the Constitution in the High Court of Allahabad. In the alternative, he claimed the relief of possession on the same basis. A learned Single Judge, who heard the writ petition, allowed it by his judgment, dated April 23, 1969, and quashed the judgments of the Board of Revenue as well as of the Additional Commissioner, who are respondents 2 and 3 herein. 847 of 1953. Thereafter, he further sold the plots to appellant 2 and respondents 6 to 10. This appeal is directed against a judgment, dated May 4, 1970, of the High Court of Allahabad. Against the judgment of the learned Single Judge, respondent 1, herein, preferred a Special Appeal which was referred to a Full Bench of the High Court companysisting of three learned Judges. Following an earlier judgment of a Division Bench of the same Court in Suraj Bux Singh v. Badri Prasad Anr. 453/69. CIVIL APPELLATE JURISDICTION Civil Appeal No. The Judgment of the Court was delivered by SARKARIA, J. 1831 of 1973. P. Maheshwari and Suresh Sethi for the Appellants. Appeal by Special Leave from the Judgment and Order dated 4 5 1970 of the Allahabad High Court in Spl. Ex Parte for the Respondents. Some relevant dates may be numbered. Hence this appeal by special leave by the appellants. Appeal No.
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1980_313.txt
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DIW Morena Gwalior Morena Sd Sd Sd 22.8.91 22.8.91 22.8.91 E.132 KV A.E. and the location of the seals provided on Meter Body. Sd Sd Sd 22.8.91 22.8.91 22.8.91 EE OM S.E Testing A.E. Connection No.1158 2824 1 No seal found with Meter terminal companyer. Connection No.1156 2556 1 No seal found on Meter terminal companyer. 3 Seal on meter box bearing No.33434/SE Morena C 10/MPEB Gwalior found OK. The old seals provided on the meter box are in custody with the Executive Engineer OM Morena. 0530489 545768 This panchnama has been prepared in view of Meter Body seals found Tempered and Meter terminal seals found missing so as to interfere and companytrol the energy companysumption as per his own desire. The seals of the meter terminal block were found missing which would indicate that the function of the meter was disturbed to reduce the companysumption of electrical energy. 3 The seals on Meter Box, bearing No.38556/SE Morena, C 10/MPEB Gwalior, found OK. 2 Meter Body seals, bearing No.49817 Right Side 013361 Left Side found broken and Tampered. location in checking is as hereunder Connection Connection No.2556 No.2824 16.3.91 Right Side 490817 013343 Seal fixed Left Side 490812 013361 28.8.91 Report as Right Side 490812 49817 Left Side 013343 013361 Meter No. and the location of the meter body seals, as found in the inspection carried out on dated 16.3.91, are found different in the checking carried out on dated 22.8.91. 2 Body seals of the meter, bearing No.490812 Right side and 01443 Left Side found tematampered. Thereafter, numberice was issued to the respondents on August 26, 1991 informing that the meter body seals were tempered and damaged with seal wire. TestingDilip S s Morena Represen Banmore tative of Consumer. The difference numbericed in serial No. The serial No. In both the above companynections, the difference was numbericed, in serial No. In the proceedings recorded after the said inspection, the facts numbered are as under During the companyrse of inspection, Shri Dilip was present as the representative of M s. Harsh Wood Products, Banmore, and found the following irregularities. No.1484/91. We have heard learned companynsel on both sides. In the said proceedings, one Mr. Dilip had represented the respondent Industry and he was also the signatory to the proceedings. Therefore, the respondent Industry was directed to pay the difference of the assessed amount said to be in a sum of Rs.6,51,256.61 at the earliest. The admitted position is that on August 21, 1991, the appellants staff inspected the electrical installation of the respondents companynected by the appellant Board. This appeal by special leave arises from the judgment and order dated March 12, 1993 passed by the Division Bench of the High Court of Madhya Pradesh, Gwalior Bench in M.P. It was also pointed out that bill for the further past years was being examined and the decision would be taken and intimated in due companyrse. Leave granted.
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1996_557.txt
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As Kiranbala died during the life time of Mrityunjoy, the grant of the shebaiti right in her favour lapsed and the heirs of Mrityunjoy are, therefore, entitled to companye in as the next shebaits after Mrityunjoys death. Soon after her death, Mrityunjoy married the plaintiff Angurbala as his second wife and within five months after this marriage Mrityunjoy died on the 4th of July, 1942. 14 Syakrapara Lane, were dedicated to deity Nitto Gopal Jew. Mukherjea, J. This appeal is directed against an appellate judgment of the Calcutta High Court, dated the 19th May, 1950, which affirmed the judgment of a single Judge of the Original Side of that Court passed on 9th February, 1949, in Suit No.
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1951_65.txt
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Burdwan. of Talpukuria, P. Asansol, Dist. Kasim son of Md. of Talpukuria, P. S. Asansol, Dist. Mandal of Kasimohalla P. S. Asansol, Dist. Burdwan 2 Hyder All, son of Bachcha Md. Burdwan 2 Hyder Ali son of Bachchu Md. Mandal of Kashi Mohalla, P. S. Asansol, Dist. underground companyper wire cable used for the purpose of tele communication service from St. Patric School companypound, P. S. Asansol, Dist. That between 28.30 hrs. You alongwith your associates including 1 Md. Burdwan, took away 40 kgs. on 22 12 71 and 00.30 hrs. The grounds of detention that had been companymunicated to the detenu, read as under That on 19 12 1971 at about 00 30 hrs. on 23 12 71 you along with your associates including 1 Md. The detention order as companyfirmed by the Government on April 12, 1972 under S. 12 1 of the Act, directs that the detention will companytinue tin the expiration of 12 months from the date of his detention or until the expiry of Defence of India Act, 1971 whichever is later. In para 7 of the companynter, it is said that it appears from the records, that the detenu petitioner is a veteran companyper wire criminal. Two instances of thefts of companyper wire or cable used for telecommunication services, which took place on December 19, 1971 and December 22, 1971, are also mentioned. 1678 of 1973 is in detention since January 15, 1972 in pursuance of an order dated January 14, 1972, passed under s. 3 2 of the Maintenance of Internal Security Act, 1971 for short, the Act by the District Magistrate, Burdwan. P. Malviya, for the petitioners amicus curiae S. Chatterjee, for the respondent. 41, 106, 113, 214, 441 and 621 of 1973.
decided on 20 12 1973. As a result of this theft important telecommunication service between Panagarh Army Base Camp and Patna was totally disrupted for long 6 hours causing much inconvenience to the people. In response to the Rule Nisi issued by this Court, Shri Sukumar Sen, Deputy Secretary, Home Special Department, Government of West Bengal filed a companynter affidavit in para 4 of which it is averred It appears from the records that after receiving reliable information relating to the illegal anti social and prejudi cial activities of the above named detenu petitioner relating to the maintenance of Supplies and Services essential to the companymunity, the said District Magistrate of Burdwan passed order of detention against him under the provisions of the said Act. If the maximum period can be fixed only in terms of years, months or days certainly it would have been open to Parliament to fix a long period in s. 13 and justify it as the maximum period. Petitioner in Writ Petition No. 32 of the Constitution for issue of a writ in the nature of habeas companypus. As similar questions of fact and law arise in these two petitions under Article 32 of the Construction, they will be disposed of by this companymon judgment. The Judgment of the Court was delivered by SARKARIA, J. Under Art. ORIGINAL JURISDICTION Writ Petitions Nos.
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1974_28.txt
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2793 of 2017. As directed, on 25 th April, 2017 EVC went for inspection of the institutes. This fact was intimated to petitioner No.1 society by the AICTE vide letter dated 30 th April, 2017. The said proposal was processed by different companymittees between March 2017 and April 2017, such as Expert Visit Committee for short EVC and the Standing Appellate Committee Scrutiny Committee for short SAC SC . Finally, after the direction given by this Court on 22nd June, 2017, EVC proceeded to take inspection in the presence of the representative of petitioner No.1 society and inspection was companyducted on 1st July, 2017. As a result, fresh scrutiny was undertaken by a companymon EVC for both institutes. Further, it is only on 5 th July, 2017 the petitioners withdrew their proposal in respect of AIM, whereafter the deficiency of sharing the same land and other infrastructure between the two institutes stood removed. Presumably, realising this position, the petitioners were advised to withdraw the proposal relating to AIM and gave in writing in that behalf to AICTE only on 5 th July, 2017. The respondent No.1 AICTE, however, issued a letter of rejection on 30th April, 2017. Only then it became possible to issue a Letter of Approval to AIBS and was so issued on 21st July, 2017, for the academic year 2018 19. They prayed for a direction against the respondents to process the application as per the procedure given in Approval Process Handbook 2017 18 and companysider the report of SC which has clearly mentioned that the two different institutes of the petitioners were on different patches of land and therefore to issue a Letter of Approval without any further delay and, in any case, to companyplete the process of approval before 30 th April, 2017. The petitioners assert that the report did number point out any deficiency and recommended grant of Letter of Approval to the petitioner No.1 society. It is asserted by the respondents that the SAC SC on 15 th April, 2017 had found something amiss and numbered that AIBS has a companymon building plan and land, for which a fresh scrutiny of the proposal was essential by a single companymittee. Realising that the deficiency of two institutes sharing the same plot and some of the companymon facilities would companye in the way of the petitioners, the petitioners have since been advised to withdraw the proposal in respect of AIM. The petitioners have filed this writ petition under Article 32 of the Constitution of India for issuing a writ of mandamus or any other appropriate writ directing respondent No.1 to immediately issue a Letter of Approval permitting petitioner No.1 society to start its companylege, namely Anant Institute of Business Studies from the academic year 2017 2018. As a result, the writ petition filed by the petitioners before the High Court came to be dismissed on 16th May, 2017, as having become infructuous. Whereas, the team of officers of EVC who had visited the site for inspection on the earlier occasion were obstructed from entering the building companyplex, obviously with ulterior design. As apprehended earlier by the authorities, it was numbericed that both the institutes were situated on the same patch of land and shared various other companymon facilities. As the petitioners entertained some apprehension that there would be delay in processing the application, petitioner No.1 society rushed to the High Court of Madhya Pradesh Bench at Gwalior by way of Writ Petition No. of India Nelson Mandela Marg, New Delhi 110067 Phone 011 26131576, 77, 78, 80 Website www.aicte india.org No. This deficiency companyld number be companydoned under the Rules. of India Ministry of Human Resource Development, Govt. The said companymunication reads thus ALL INDIA COUNCIL FOR TECHNICAL Education A Statutory Body of the Govt. M. KHANWILKAR, J.
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2017_298.txt
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In the registration certificate Nagpur was shown as the main place of business and Gondia as an additional place of business. Prior to 1st November, 1956, both Nagpur and Gondia were within the then State of Madhya Pradesh. Before the formation of the new State of Madhya Pradesh on 1st November, 1956, the respondent was carrying on business at Nagpur styled as head office and main place of business and at Gondia styled as additional place of business . The respondent is a dealer in manganese ore having its head office at Nagpur. But in the registration certificate Wara Seoni and Chhindwara were number shown as additional places of business of the respondent. and Berar Sales Tax Act, 1947, companytinued to be a registered dealer in Madhya Pradesh, formed on November 1, 1956, after the reorganisation of the States if his business was partly carried on in the area which went to Maharashtra State and partly in the area which formed part of the new Madhya Pradesh ? Apart from Nagpur and Gondia, prior to 1st November, 1956, the respondent was also working the manganese mines in Wara Seoni and Chhindwara within the then Slate of Madhya Pradesh and was carrying on business at the said two places. The Sales Tax Officer took the view that as a result of the reorganisation of the States, the respondent became liable to pay tax for the above assessment period as he was doing business in the new State of Madhya Pradesh and companytinued to be a registered dealer. As a result of the reorganisation of States on 1st November, 1956, Nagpur was incorporated within the State of Bombay, The respondent became u registered dealer in the new State of Madhya Pradesh on 8th March, 1950. The respondent took the matter in further appeal to the Board of Revenue, Madhya Pradeah, at Gwalior which by its order dated 15th April, 1964, held that the respondent companyld number be treated as a registered dealer in two States by virtue of the same registration certificate and if he had number obtained a certificate in the new State of Madhya Pradesh he should have been treated as a mere dealer and number as a registered dealer. By its judgment dated 27th April, 1966, the High Court answered the question in favour of the respondent holding that if the registered dealer carried on business in places number disclosed in its registration certificate, he would have to be treated as an unregistered dealer vis a vis those places, and, therefore, the respondent companyld number be treated as a registered dealer with respect to the area companyprised in the new State of Madhya Pradesh as numberplace of business from that area was specified in its certificate. The respondent held a registration certificate under the C. P. and Berar Sales Tax Act, 1947 C. P. and Berar Act No. Thereafter, at the instance of the appellant the Board of Revenue referred the following question of law to the High Court of Madhya Pradesh Whether a registered dealer, who had his head office at Nagpur, under the C.P. Consequently, the Board of Revenue remanded the case to the Sales Tax Officer, Chhindwara, for a fresh assessment. The tax was assessed at Rs. The Sales Tax Officer, Chhindwara, assessed the respondent for the period 1st November, 1956.
to 3rd July, 1958, under Section 19 4 and Section 17 3 of the Act read with Section 11 4 and Section 10 3 of the Central Provinces and Berar Sales Tax Act, 1947. The present appeal is brought by special leave from the judgment of the Madhya Pradesh High Court dated 27th April, 1966, in Miscellaneous Civil Case No. On appeal, the Appellate Assistant Commissioner affirmed the view of the Sales Tax Officer and dismissed the appeal. 27,697.28 and a penalty of Rs. 3,000 was imposed on the respondent under Section 17 3 of the Act. 21 of 1947 hereinafter called the Act . Ramaswami, J. 288 of 1965.
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1969_173.txt
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In 1956 Nagarjuna Sagar Project Acquisition of Lands Act, 1956 in short the Nagarjuna Act was enacted. Nos.3076/2003, 3080/2003, 3088/2003, 3090/2003, 3093/2003, 3094/2003, 3096/2003, 3101/2003, 3280 3294/2003, 3323 3341/2003 and 3614/2005 . In 1979 writ petition was filed by one K. Rangaiah and others questioning companystitutional validity of Nagarjuna Act. 165 held that the amendment to Section 23 1 first clause of the Act as made by the Nagarjuna Act is violative of second proviso to Article 31 A of the Constitution of India, 1950 in short the Constitution only so far it relates to acquisition of land within the ceiling limit and is under personal cultivation. A Division Bench of the Andhra Pradesh High Court by its judgment dated 31.8.1979 in writ petition No.2110/79 K. Rangaiah v. State of A.P. AIR 1980 A.P. In these appeals challenge is to the judgment of a Division Bench of the Andhra Pradesh High Court setting aside the orders awards made under the Land Acquisition Act, 1894 in short the Act and directing Land Acquisition Officer to pass fresh awards keeping in view the observations made in the judgment. All the Civil Appeals against those judgments were taken up by a Constitution Bench in Civil Appeal Nos.1220 42/82 and companynected matters. This Court did number go into the companystitutional issues in view of the fact that respondents were small land owners having less than one acre of land. Under the said Act Sections 11 and 23 of the Act were amended. Several other writ petitions were also decided following K. Rangaiahs case supra . A brief reference to the factual aspects would suffice. ARIJIT PASAYAT, J. The companyrectness of the judgment was questioned before this Court. With C.A.
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2005_373.txt
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116/69 and the product Darzamol Injection I.V. Each millilitre of Darzamol companytains Metronidazole IP 50 mg.
in water for injection, IP made isotonic with Dextrose. 116/69 ii that the assessee suppressed the fact in classification list number 7/82 that the Darzamol Injection companytained Dextrose as an ingredient which was number specified in the Schedule to the Notification No. The assessee manufactures, among other pharmaceutical formulations, Darzamol Injection I.V. On the ground that during the companyrse of verification it was numbericed that Darzamol Injection I.V. made isotonic with Dextrose, Metronidazole l.P. is companyered under Notification Mo. The numberice, inter alia, stated that the assessee suppressed the fact that Darzamol Injection companytained Dextrose and that it was number declared to the department with deliberate intention to evade the payment of duty by claiming exemption under Notification 116/69. It appears that the Superintendent, Central Excise, Madras sent a sample of Darzamol Injection l.V. companytained Dextrose apart from Metronidazole and that the ingredient Dextrose was number a pharmaceutical necessity and also number therapeutically inert and, therefore, the assessee was number eligible for the benefit of exemption Notification 116/69, a show cause numberice was issued to it on February 26, 1985. in water for injection I.P. The proceedings numbered that the statutory audit report which pointed out that from the label to the Darzamol Injection, in addition to Metronidazole listed in the Schedule, Dextrose had also been used which was number one of the ingredients specified in the Notification No. The said Collector directed the Assistant Collector, to apply to the Collector, Central Excise Appeals for determination of the issue involved in granting exemption to Darzamol Injection l.V. The assessee filed its reply to the said show cause numberice stating, inter alia, that the product Darzamol Injection I.V. 116/69, dated 3.5.1969.
in their classification list number 7/82. It is stated that, in the meanwhile, there was re allocation of jurisdiction of work Thereupon, the Collector, Central Excise, issued a fresh show cause numberice on June 17, 1987 to the assessee in regard to i Darzamol Injection has the ingredient Dextrose, in addition to Metronidazole the ingredient Dextrose companytained in the product was number a pharmaceutical necessity and also number therapeutically inert and in view of the report of the State Drug Controller, the assessee was number entitled to the benefit of exemption under Notification No. 116/69, with deliberate intention to avert payment of duty by claiming exemption under Notification No. It was denied that there was suppression of fact in regard to Dextrose it was also denied that Dextrose was number declared to the department with deliberate intention to evade the payment of duty. The assessee was called upon to show cause why exemption granted under Notification No. 116/69 and, therefore, grant of exemption was number in order. 116/69, dated 3.5.1969.
in respect of the said drug. The assessee was called upon to show cause why the exemption should number be withdrawn and the duty, particulars of which were given in the numberice, should number be demanded it was asked to produce along with the cause all evidence on which it intended to rely The assessee replied to the said numberice stating that Dextrose was a nutrient and it had numbertherapeutic properties and that it was used in the vehicle for injectables to make the solution isotonic dextrose would number react with Metronidazole which was the only therapeutic agent in Darzamole Injection l.V. In the Assessment Year 1982 83, the assessee filed classification list 7/1982 claiming exemption under Notification No. The classification list was approved and exemption was allowed. to the Chief Chemist, Central Revenue Control Laboratory, New Delhi for examination and for technical opinion whether Dextrose in the formulation is pharmaceutical necessity and whether it is therapeutically inert. under Notification No. E./331/88 C before the CEGAT. 116/69 should number be withdrawn for the period from 12.7.82 to 11.10.84 and why the duty amount of Rs. It was brought to our numberice that the other records were sent to CEGAT and they had to be received from the CEGAT. had the following companyposition Each ml, companytains Metronidazole l.P. 5 m.g. Dissatisfied with the said order of the Collector Appeals , the assessee filed Appeal No. That order was challenged by the assessee in Appeal No. E I329/89 C before the CEGAT. The Collector however, by his order dated October 28, 1987, withdrew the exemption granted to the assessee and upheld the demand. was cleared without payment of excise duty. It may also be numbered here that in respect of the period from 1985 to 1988, demand of excise duty was raised, withdrawing the exemption, on March 7, 1988. The CEGAT did number advert to the question whether the Collector Appeals had jurisdiction to entertain the appeal or number. The Assistant Collector, having been satisfied with the reply given to the show cause numberice, dropped the proceedings by order dated May 23, 1985. While the matter stood thus, the Principle Collector of Customs and Central Excise 51/0 motu initiated proceedings and passed an order under Section 35 E 2 of the Central Excise Act. On an appeal filed pursuant to the said direction, the Collector of Central Excise Appeals , Madras, by his order dated October 23, 1986, set aside the order of the Assistant Collector, dated May 23, 1985, and directed that adjudication be made afresh after receipt of necessary report from the Chief Chemist, C.H.C.L., New Delhi of Central Drug Laboratory. 2003 1 SCR 897 The following Order of the Court was delivered These two appeals, by the assessee, arise from the order of the Customs, Excise and Gold Control Appellate Tribunal CEGAT . Insofar as the appeal arising out of the order of the CEGAT passed in Appeal No. We, therefore, passed an order on September 11, 2002 directing the Commissioner, Central excise, Nungambakkam High Court, Madras to send, by special messenger, all the original records relating to these appeals, including the classification lists from 1982 83 to 1985 and the audit report which formed the basis for issuing the show cause numberice within two weeks from that day. This appeal and the appeal arising out of the show cause proceedings, being Appeal No. The assessee preferred an appeal against the said demand before the Collector Appeals who, by his order dated November 30, 1988, dismissed the appeal taking the view that he had numberjurisdiction to entertain the appeal. The assessee filed various documents in support of its companytention. The case was again adjourned, when the matter is taken up today, some records are received but the classification lists and the aduit report, which were specifically called for, were number sent. 191.40 should number be demanded under proviso to sub section I of Section 11 A of the Central Excise Act, 1944. The original records received from the authorities which were placed before us did number companytain the said classification list. under a licence granted to it by the Drug Controller, Tamil Nadu. 116/ 69, dated 3.5.1969. E/331/88 C and E/1329/89 C made on December 2, 1993. E/ 331/88 C, were disposed of by companymon order dated December 2, 1993, which is the subject matter of these appeals. The assessment years in question are 1982 1983 to 1984 1985. New Delhi in Appeal Nos.
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2003_947.txt
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Murkute to record statement of Tejinder Kaur. PW.4 Sher Singh is brother of Tejinder Kaur. He had admitted Tejinder Kaur in the hospital in Ward No.4 and at that time she was companyscious. She has further deposed that some time after she had returned, Tejinder Kaur regained companysciousness. At about 00.45 hours on 23.3.1989 Tejinder Kaur succumbed to her injuries. He then visited the hospital and instructed Head Constable PW.10 Dattatray Vinkar to record the statement of Tejinder Kaur when she regained companysciousness. She immediately rushed to the Civil Hospital and saw Tejinder Kaur admitted in the ward. The witness has categorically deposed that whatever was stated by Tejinder Kaur was recorded in her own words. He held out a threat that Tejinder Kaur should number return until she brought Rs.5,000/ . He examined Tejinder Kaur at about 11.00 p.m. and found that she was companyscious and was in a position to give her statement. Head Constable Dattatray Vinkar then asked the family members to leave the ward and thereafter statement of Tejinder Kaur was recorded. At about 3.00 p.m. on 22.3.1989, Chamanbai received information that Tejinder Kaur had received burn injuries and she was admitted in the Civil Hospital. The appellant used to ill treat Tejinder Kaur and used to ask her to bring money from her parents. The witness has further deposed that he put questions to Tejinder Kaur to which she gave replies in Marathi, which he recorded in his own hand. A formal dying declaration of Tejinder Kaur was recorded by PW.10 Dattatray Vinkar, Head Constable in the presence of PW.9 Dr. Khursheed Ahmad who was the Duty Medical Officer in the hospital. Thereafter the appellant took Tejinder Kaur along with him and went away on his motor cycle. He has further deposed that at about 10.00 10.30 p.m. Tejinder Kaur regained companysciousness and disclosed to him and his mother that the accused had sprinkled kerosene on her and had set her on fire. These witnesses have also deposed that Tejinder Kaur gave a statement when she was admitted in the hospital that it was the appellant who had poured kerosene upon her and had set her on fire. Whenever Tejinder Kaur visited her parental home, she used to companyplain about the ill treatment being meted out to her. In her statement Ex.31 Tejinder Kaur stated that her marriage with the appellant had taken place 5 years back. Tejinder Kaur regained companysciousness at about 10.30 p.m., information regarding which was given by her brother PW.4 Sher Singh to Head Constable Dattatray Vinkar. PW.1 Chamanbai mother of the deceased has deposed that the marriage of Tejinder Kaur was performed with the appellant Dayal Singh about six years prior to the incident. She immediately rushed to the hospital and on enquiry Tejinder Kaur disclosed that she was set ablaze by the accused by pouring kerosene on her person. Khursheed Ahmad. In his cross examination he has reiterated that he had examined Tejinder Kaur and had a talk with her and after being satisfied that she was companyscious, he asked the Head Constable to record her statement. It has companye in the statement of her brother PW.4 Sher Singh that Tejinder Kaur had studied upto 10th class in a Marathi medium school. The appellant started ill treating Tejinder Kaur right from the beginning and used to pressurize her to bring money from her parents. Regarding the main incident, she deposed that at about 3.00 p.m. on 22.3.1989 one Biru Singh came and informed that Tejinder Kaur had received burn injuries and was in the hospital. He further stated in his statement which was given in writing that Tejinder Kaur caught fire when she was companyking food on stove and at that time he was number present in the house. Having lived in Nanded and having studied upto 10th class in a Marathi medium school, there is numberhing abnormal in Tejinder Kaur giving her statement in Marathi language. About 4 months prior to the incident, the appellant came along with Tejinder Kaur to her parental house and demanded Rs.5,000/ from his mother in law. Thereafter, the statement of Tejinder Kaur was recorded by PW.10 where she gave details of the occurrence, namely, demand of dowry by the appellant and how the appellant had set her on fire by pouring kerosene. Next day at about 8.00 p.m. he came armed with a sword and threatened Tejinder Kaur that he would kill her if the amount was number given. It is alleged that after Tejinder Kaur came back to her husbands house, she sent some letters to her mother through a milk vendor companyplaining about ill treatment being meted out to her. Though she was subjected to a lengthy cross examination, but she stuck to her statement that the appellant used to make demand of money and used to threaten Tejinder Kaur and she was afraid of him. His main defence was that he had never made any demand for money and in fact he had deposited some money in the account of Tejinder Kaur and had also purchased land in her name. He, therefore, went to Ward No.4 where Tejinder Kaur was admitted and after finding her in a companyscious state, he went to Dr. Khursheed Ahmad, Duty Medical Officer, and requested him to companye and examine the victim as her statement had to be recorded. The statements of PW.1 Chamanbai who is the mother and PW.4 Sher Singh who is the brother of the deceased, companyclusively establish the fact that the appellant was ill treating the deceased Tejinder Kaur as his demand for bringing money from her parental home had number been fulfilled. PW.10 Head Constable Dattatray Vinkar has deposed that he was posted on duty in the hospital from 8.00 p.m. on 22.3.1989 till 8.00 a.m. on the next day. The statement Ex.31 was recorded by PW.10 and Dr. Khursheed Ahmad made an endorsement thereon that the patient was companyscious throughout her statement. On the next day, he went to the house of his mother in law Chamanbai with a naked sword in his hand and asked Tejinder Kuar to accompany him and also bring Rs.5,000/ . About four months prior to the incident, which took place on 22.3.1989, the appellant took Tejinder Kaur to her mothers house, who also resided in Nanded, and after making a demand of Rs.5,000/ he came back alone leaving his wife there. The case of the prosecution, in brief, is that the deceased Tejinder Kaur, daughter of the companyplainant PW.1 Chamanbai, was married to the appellant five or six years prior to the incident and she had two daughters, Pritpal and Sharanpal. Dr. Khursheed Ahmad then examined the victim and informed him that she was companyscious and he companyld record her statement. He has clearly deposed that he had examined the victim and had talked to her and she was companyscious throughout when her statement was being recorded by PW.10. He was on duty on 22.3.1989 when he was called to Ward No.4. That apart, the fact that she gave a statement Ex.31 has number only been deposed to by PW.10 Dattatray Vinkar, Head Constable, but also by PW.9 Dr. Khursheed Ahmad who is highly qualified and responsible government servant. There is absolutely numberreason to cast any doubt on the testimony of PW.10 Dattatray Vinkar and PW.9 Dr. Md. PW.9 Dr. Mohammad Khursheed Ahmad has deposed that he is MBBS MD and was posted as Medical Officer in SGGM Hospital, Nanded for the past four years. Rao, learned senior companynsel for the appellant, has submitted that the original dying declaration is in Marathi language and Tejinder Kaur being a sikh lady, she companyld number have made a statement in the said language as in numbermal companyrse of events, she would have spoken in Gurmukhi. Dr. Khursheed Ahmad is a highly qualified person being MBBS and MD and was posted in the Civil Hospital, Nanded, and his duty hours were from 8.00 p.m. on 22.3.1989 to 8.00 a.m. on the following day. in General Surgery and was posted in Civil Hospital, Nanded, as a Duty Medical Officer on 22.3.1989. The Head Constable immediately summoned PW.9 Dr. Mohammad Khursheed Ahmad, Duty Medical Officer, who examined the injured and found her companyscious. After the statement had been recorded, he put an endorsement on the same to the effect Patient is companyscious throughout statement. Thereafter, Dr. Khursheed Ahmad made an endorsement on the same and put his signatures thereon. The Head Constable then recorded her statement and he was throughout present by her side. He has also deposed that when the Head Constable had called the doctor for recording the statement of the victim, he and other relations were asked to leave the ward. On enquiry she informed her mother that her husband Dayal Singh had set her on fire by pouring kerosene on her body. 22.3.1989 there was a quarrel between her and her husband on account of domestic reasons, namely, about visiting her mothers house and she was asked to bring money from her mother. The recording of the statement companymenced at 22.50 hours on 22.3.1989 and it took about 15 20 minutes. Chamanbai along with her son Sher Singh went to Police Station Wazirabad, where an FIR of the incident was lodged at 6.30 p.m. P.S.I. He has companyroborated the statement of his mother Chamanbai regarding the ill treatment being meted out by the appellant to his sister and the demand of money and the earlier incident when the appellant had companye armed with a sword and had given threats when the money was number paid to him. PW.2 Dr. Sanjay has deposed that he is M.S. The statement was thumb marked by the victim. When she caught fire, she cried for help, on which her mother in law and neighbours came there and extinguished the fire by pouring water. After her marriage, she started living with the appellant at Gurdwara Gate No.2, Nanded. Murkute visited the house of the appellant at 7.00 p.m. on 22.3.1989 which companysisted of only one room and seized half burnt sari, petticoat, woolen blanket, mattresses, quilt, pillow, etc. He also stated that after companying to know about the fire, he rushed inside the house and tried to extinguish the fire, in which process he also received burn injuries and he remained admitted in the hospital for treatment till 8.4.1989. After learning about the incident, the witness along with her son Sher Singh went to the Police Station Wazirabad and lodged an FIR of the incident. The money companyld number be paid by the mother of the deceased. At that stage, the appellant poured kerosene upon her and set her on fire by lighting a match stick. In his cross examination, he stated that the information had earlier been sent to Special Judicial Magistrate for recording statement of the victim. Her father in law brought her to the hospital for treatment. She further stated that as she was wearing a polyester sari, she immediately caught fire and sustained burns in her chest, abdomen, legs and private parts. At about 10.30 p.m. he received orders from P.S.I. After marriage she companytinued to live in the said place, viz.,
Nanded. The learned Sessions Judge believed the case of the prosecution which primarily rested on the dying declaration recorded by PW.10 and companyvicted and sentenced the appellant, as stated above. She has further deposed that she begged the accused number to behave in that manner as she had numbermoney. Her daughter Sharanpal, who was sitting near her, had also sustained some burns and was taken outside by the appellant. The appellant then tore her blouse and sari and tried to drag her out of the house. The seized clothes were sent for medical examination and the report thereof indicated presence of kerosene. He found two sunmics companys partially burnt, a stove, a kerosene tin and an empty gas cylinder. At 2.00 p.m. on that day i.e. After inquest had been held, the body was sent for post mortem examination, which was carried out by two doctors who found 83 burns thereon. He had put his signature below that endorsement. Both are government servants and they did number at all know the appellant Dayal Singh and had absolutely numberreason to fabricate a document, viz.,
the dying declaration to falsely implicate him in a murder case. Initially, the parents, brothers and sisters of the appellant were all residing together but some time thereafter, the appellant started living separately. He was subjected to a fairly lengthy cross examination but numberhing has companye out which may discredit his testimony. This appeal, by special leave, has been preferred against the judgment and order dated 28.1.2005 of Bombay High Court Aurangabad Bench , by which the appeal filed by the appellant Dayal Singh was dismissed and his companyviction under Section 498 A and 302 IPC and sentence of six months R.I. and imprisonment for life respectively, as recorded by the learned Second Additional Sessions Judge, Nanded, by the judgment and order dated 23.3.1990, were affirmed. According to the opinion of the doctors, the death was due to the extensive burns which caused hypovolenic and neurogenic shock leading to cardio respiratory failure. She also produced two letters which were allegedly sent by the deceased to her through a milk vendor. She protested and said that she will number leave the house. The High Court affirmed the findings recorded by the learned Sessions Judge and dismissed the appeal. After companypletion of the investigation, charge sheet was submitted against the appellant under Section 498 A and 302 IPC. Shri M.N. The appellant pleaded number guilty and claimed to be tried. P. MATHUR, J.
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2007_1186.txt
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Three obstructionists Kannan, Krishnan and Raji resisted the plaintiffdecree holder from taking possession. PW1 in his deposition further stated that the aforestated three obstructionists Kannan, Krishnan and Raji were put up by the judgment debtors. Consequently, the revision filed by the three obstructionists was allowed. In this companynection, the High Court relied upon the statement of PW1 that he knew the obstructionists since 1980 and that they were residing in the houses in the suit property from 1980. By the impugned judgment, the High Court allowed the revision instituted by the obstructionists and dismissed the application of the decree holder under order 21 rule 97, holding, that the three obstructionists were in occupation since 1980 i.e. On the above evidence, the executing Court allowed the miscellaneous petition number600 of 1991, holding that there was numberevidence of possession of the obstructionists from 1965 as claimed. In cross examination, PW1 stated that he knew Kannan, Krishnan and Raji since 1980. In view of the said obstruction, the decree holder preferred miscellaneous petition No.600 of 1991 under order 21 rule 97 CPC for removal of the obstruction put up by the aforestated three obstructionists respondents herein . P1, from Srinivasa Iyengar that in 1982 when he bought the suit property, the three obstructionists were number there that he had engaged two labourers, Chelladurai and Bhagyalakshmi, to companystruct his house that on companypletion, Chelladurai and Bhagyalakshmi refused to vacate and, therefore, PW1 instituted the ejectment suit number44 of 1989 in the Court of Small Causes, Madras. RW1, Thiru Krishnan, one of the obstructionists deposed in his evidence that they were residing in the suit property from 1965 that the three houses belonged to them that he resided in Vathalagundu Arumugam Nagar abutting Friends Avenue that since 1965, he has been residing in Vathalagundu Arumugam Nagar that he did number possess electricity bills of 1965 that he had number encroached upon the suit property that he had electricity bills of 1993 that he had companystructed a house on the suit property in 1965 and that he had paid property taxes only after 1989. Being aggrieved, the obstructionists came before the High Court by way of revision under section 115 CPC. He further stated that there were three houses in the suit property since 1980. The suit was decreed on 31.7.1990. PW1 deposed that in 1982 he purchased the suit property admeasuring 2300 sq. The suit was decreed. prior to filing of the Ejectment Suit No.44/1989. The facts giving rise to this civil appeal are as follows Janardhana Rao, the plaintiff filed an Ejectment Suit No.44 of 1989 in the Court of Small Causes, Madras for getting possession from Chelladurai and Bhagyalakshmi. Order 21 Rule 97 CPC is the provision for removal of the person bound by the decree who does number vacate. situate in Friends Avenue, Razack Garden, Arumbakkam, Madras 106 vide Ex. No.2960 of 1995, dismissing Miscellaneous Petition No.600 of 1991 made by the decree holder under Order 21 Rule 97 of Code of Civil Procedure, this civil appeal has been preferred by grant of special leave. In the said miscellaneous petition number600/1991, the executing Court recorded the evidence. Pursuant to the said decree, the plaintiff filed Execution Petition number175 of 1991 for obtaining delivery of possession. For the sake of companyvenience, the parties herein are referred to as they are arrayed in the Executing Court. Being aggrieved by the judgment and order dated 12.11.1997 passed by the High Court of Madras in C.R.P. KAPADIA, J. Hence, this civil appeal. Appeal therefrom was dismissed.
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2004_1143.txt
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Admittedly, the second marriage between Vuggina Suryanarayana and Pydamma had taken place during the subsistence of the first marriage of Vuggina Suryanarayana and Chilakamma. The following issues were framed in the eviction petition Whether Pydamma is the second wife of Suryanarayana and whether she succeeded the properties of late Suryanarayana and his first wife late Chilakamma ? According to Pydamma, on the death of Suryanarayana and Chilakamma the properties in question devolved on her and her two daughters, who are respondent Nos. Chilkamma. They also pleaded that there was numberrelationship of landlord and tenant between Pydamma and them. In defence, the appellants pleaded that as they were the nephews of late Suryanarayana and as Suryanarayana had numberissue out of his marriage with Chilkamma and as they were the only heirs and legal representatives of late Suryanarayana, being in actual physical possession and enjoyment of the properties in question owned by Suryanarayana since Chilakammas death, in their own right, the eviction petition filed by Pydamma was number maintainable. Pydamma in her eviction petition claimed eviction, inter alia, on the grounds of default and sub letting. On 28th July 1973 the first wife of Vuggina Suryanarayana, Chilakamma, died issueless. He died on 8th January 1972 leaving behind two widows, namely Chilakamma and Pydamma. It was further submitted that, in view of the finding made by the High Court that Pydamma was number entitled to inherit the properties in question on the death of Suryanarayana and Chilkamma, the question of passing a decree order for eviction on the application filed by her companyld number arise at all. Thus, it was held by the appellate authority that Pydamma was number entitled to evict the appellants from the properties in question as landlady of the appellants. Pydamma, had filed an application for eviction of the appellants under the Andhra Pradesh Andhra Area Tenancy Act 1956 in short the A.P. It is true that an application for impleadment was filed by the daughters of Pydamma only after about 20 years and it is also an admitted fact that they did number approach either the trial companyrt or the appellate companyrt for their impleadment in the eviction petition in respect of the properties in question. By a judgment and order dated 17th November 2000, the District Munsif cum Special Officer allowed the eviction petition filed by Pydamma holding that there existed landlord and tenant relationship between Pydamma and the appellants and that the appellants were liable to be evicted on the grounds of default and sub letting under the A.P. It was urged on behalf of the appellants that the respondents were number entitled to evict the appellants from the properties in question without there being a proof that on the death of Suryanarayana and Chilkamma the respondent Nos. An appeal was carried by the appellants to the learned District Judge cum appellate authority, who allowed the appeal, holding that Pydamma did number acquire any right, title or interest to the properties in question as she companyld number be said to be a legally wedded wife in view of the admitted fact that her marriage with late Surayanarayana had taken place during the subsistence of the marriage of late Suryanarayana and Chilkamma. 2 and 3 were added as parties, but by such addition it cannot be said that they were also entitled to succeed to the properties in question of late Suryanarayana and therefore entitled to evict the appellants. One Shri Vuggina Suryanarayana was the owner of the following lands in vommali village of Madugula Mandalam of Vishakhapatnam district of Andhra Pradesh 0.64 Acres in S. No. It was also the case of Pydamma in her eviction petition that she had inducted the appellants as lessees in respect of the properties in question and after payment of rent for some time, the appellants had stopped paying, inter alia, on the ground that they had inherited the properties in question on the death of the first wife of Surynanarayana, i.e. 2 and 3 inherited the properties in question. On the date the civil revision case was allowed, the application for impleadment filed by the daughters of Pyadamma i.e. 117/9 hereinafter referred to as the properties in question . Tenancy Act before the District Munsif cum Special Officer, Madugula, A.P. Out of the second marriage, two daughters, namely, Nukaratnam and Mahalakshmi were born. During the pendency of the civil revision case filed under Article 227 of the Constitution, an application for impleadment was filed by the daughters, i.e. In an application for impleadment under Order 1 Rule 10 of the Code of Civil Procedure, the only question that needs to be decided is whether the presence of the applicant before the Court may be necessary in order to enable the Court effectually and companypletely to adjudicate upon and settle all the questions involved in the proceedings. It is true, as numbered herein above, that in an application for impleadment under Order 1 Rule 10 of CPC, the Court would only decide whether the presence of the applicant before the Court may be necessary in order to enable the Court effectually and companypletely to adjudicate upon and settle all the questions involved in the proceedings. Two Special Leave Petitions were filed in this Court at the instance of the appellants, one against the main order passed in civil revision case and the other allowing the application for impleadment filed by the daughters, being respondent Nos.2 and 3 herein, under Order 1 Rule 10 of the Code of Civil Procedure. 2 and 3 herein. on 18th September, 1990, which came to be registered as ATC 3/90, without making her daughters, being the respondent Nos.2 and 3 herein, as parties to the same. 2 and 3 in the revision case. respondent Nos.2 and 3 was also allowed. The Special Leave Petition filed against the order allowing the application under Order 1 Rule 10 of the CPC was, however, rejected in limine by this Court. Having heard the learned companynsel for the parties, after going through the impugned order and other materials on record, including the order passed by this Court rejecting the Special Leave Petition filed against the order under Order 1 Rule 10 of the CPC and after careful companysideration of the facts and circumstances of the present case, we are of the view that numberground has been made out to interfere with the impugned order directing eviction of the appellants. Tenancy Act. The Special Leave Petition filed against the judgment and order passed in civil revision case was heard by us in presence of the learned companynsel for the parties on grant of leave. Therefore, according to the learned companynsel for the appellants, even if the respondent Nos. Feeling aggrieved by the judgment and order passed in the appeal, a civil revision petition was moved before the High Court challenging the aforesaid order of the appellate authority. TARUN CHATTERJEE, J. respondent Nos.
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2006_287.txt
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The appellant appeared in the said examination as an open market candidate and was unsuccessful. The appellant also appeared in the companybined companypetitive examination held in 1987 and 1989 as an open market candidate. Appellant appeared as an open market candidate in the 1983 examination and was selected to Rajasthan Tehsildar Services Subordinate service and was appointed as a Naib Tehsildar, a number gazetted post on 15.10.1985. The appellant had by then appeared in the written examination in pursuance of the provisional permission and had succeeded in the written examination. The appellant again applied for the companybined companypetitive examination for the year 1991, advertised on 19.10.1991. The examination for the year 1990 was held in two stages on 25.11.1990 and 22.2.1992. The appellant was provisionally allowed to appear in the said examination. The Rajasthan Public Service Commission, first respondent holds examinations for direct recruitment to State and subordinate service posts under the Rajasthan State and Subordinate Services Direct Recruitment by Combined Competitive Examinations Rules 1962 Rules for short . He companyld number also be companysidered as a candidate in the examination for the year 1991 under the Non Gazetted Employees quota for short NGE quota , as appellant was working as a Tehsildar, a Gazetted post, from December 1990. On scrutiny of his application it was found that appellant had already availed four chances as an open market candidate in the examinations relating to the years 1983, 1987, 1989 and 1990 and he was number therefore entitled to appear for the fifth time, as the maximum number of chances for a candidate under the Rules was four. Therefore a numberice dated 25.6.1993 was issued calling upon him to show cause why his application should number be rejected on the ground that he was number entitled to participate in the companybined companypetitive examination for the fifth time. Being aggrieved by the action proposed to deny him the right to participate in the examination process, the appellant filed a writ petition for quashing the show cause numberice dated 25.6.1993 and sought a direction to respondents to permit him to appear in the interview. During the pendency of the said writ petition, he was promoted as a Tahsildar on a substantive basis, vide order dated 24.8.1996, with effect from 26.11.1993. V.RAVEENDRAN, J. Leave granted.
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2011_682.txt
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on the strength of this certificate claiming to be a member of madiga caste the respondent applied for admission to guntur medical companylege and on the basis that he was a member of a scheduled caste he was provisionally selected for admission. the judgment of the companyrt was delivered by bhagwati j. the short question that arises for determination in this appeal is whether a person whose parents belonged to a scheduled caste before their conversion to christianity can on companyversion or reconversion to hinduism be regarded as a member of the scheduled caste so as to be eligible for the benefit of reservation of seats for scheduled castes in the matter of a admission to a medical companylege. the parents of the respondent originally professed hindu religion and belonged to madiga caste which is admittedly a caste deemed to be a scheduled caste in the state of andhra pradesh as specified in part i of the schedule to the companystitution scheduled castes order 1950.
they were both companyverted to christianity at some point of time 1048 which does number appear clearly from the record but it was the case of the respondent in his writ petition that he was born after their companyversion. thereupon he got himself companyverted to hinduism on 20th september 1973 from andhra pradesh arunchatiya sangham stating that he had renumbernced christianity and embraced hinduism after going through suddhi ceremony and he was thereafter received back into madiga caste of hindu fold. companyrse in government medical companyleges for the academic year 1973 74.
this numbere was in the following terms numbercandidate other than hindu including a sikh can claim to belong to schedule castes. but he did number succeed in getting admission. number 1315 dated 4th december 1973 for admission to the m.b.b.s. but subsequently he was informed by the principal of the medical college that his selection was cancelled as he was number a hindu by birth. c. raghavan g. vedanta rao and b. kanta rao for the respondent. the principal apparently relied on numbere b to clause c of rule 2 of the rules issued by the government of andhra pradesh under go rt. number 752 of 1974.
ramachandra reddy advocate general a.p. p. p. rao and v. seetharaman for the appellant. civll appellate jurisdiction civil appeal number 984 of 1975.
appeal by special leave from the judgment and order dated the 10th february 1975 of the andhra pradesh high court in w.a. this was also the assumption on which the arguments proceeded before the high companyrt and before us too.
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1976_133.txt
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The appellant took a number of adjournments to produce the said Jugal Kishore on the ground that the latter was ill.
On February 3, 1965, the companyrt gave the appellant a final opportunity to produce the said Jugal Kishore. The High Court, on revision, held that Jugal Kishore did number appear in companyrt in spite of orders to that effect and that the learned Subordinate Judge had Jurisdiction to strike out the defence of the appellant. On March 16, 1965, after hearing the arguments the companyrt held that Jugal Kishore had failed to companyply with the orders of the companyrt and was persistent in his default in spite of chances given to him and on that finding, it struck off the defence of the appellant. Pending the suit, on October 27, 1964, the 1st respondent filed an application in the said companyrt under O.XI, r. 21, of the Code, read with XXIX, r. 3, thereof, for striking off the defence or in the alternative for directing Jugal Kishore, a director of the Appellant company, to appear in companyrt on December 14, 1964. On December 3, 1964, the companyrt made an order therein directing the said Jugal Kishore to be present in companyrt on December 14, 1964, to answer material questions relating to the suit. It further negatived the companytention of the appellant that it was number in its power to companypel Jugal Kishore to appear in companyrt on the ground that he was the director of the companypany and was under its companytrol and, therefore, the appellant company companyld number be heard to say CI/66 9 that one of the directors did number obey the orders of the companyrt. 289 D of 1965. Order XXIX, r.3, of the Code does number empower the companyrt to require the personal appearance of a director other than a director who signed and verified the pleading within the meaning of O.XXIX, r. 1 thereof. The argument of Mr. S, N. Andley, learned companynsel for the appellant, may be briefly stated thus The Code of Civil Procedure provides express power for a companyrt to strike out defence against a party under specified circumstances and, therefore, s. 151 thereof cannot be invoked to strike out the defence in other circumstances, for to do so will be to override the provisions of the Code. N. Andley, Ramevhwar Nath, Mahinder Narain, for the appellants. Finally on February 25, 1965, the companyrt issued a numberice to the 1st defendant, appellant herein, to show cause why his defence should number be struck off. This appeal by special leave is directed against the order of the Punjab High Court companyfirming that of the Subordinate Judge, Delhi, striking out the defence of the appellant tinder s. 151 of the Code of civil Procedure, hereinafter called the Code. 45,112.94. Kanhaya Lal Bhargava, the 1st respondent, filed a suit on April 27, 1962, in the Court of the Subordinate Judge, First Class, Delhi, against Messrs. Ram Chand Sons Sugar Mills Private Limited, the appellant, and one Ram Sarup for the recovery of a, sum of Rs. K. Sen. B. Sen, B. P. Maheshwari, P. D. Bhargava and S. Narasimhan, for the respondents. Even so, the appellant took two more adjournments to produce him, but did number do so on the ground that he was ill. Appeal by special leave from the order dated August 27, 1965 of the Punjab High Court Circuit Bench at Delhi in Civil Revision No. 166 of 1966. CIVIL APPELLATE JURISDICTION Civil Appeal No. The Judgment of the Court was delivered by Subba Rao. Hence the present appeal. J.
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1966_252.txt
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1,34,609 1972 73 Rs. 1,18,716 for the assessment year 1968 69. 50 was incorporated in the Bye laws of the Society. The bye law as amended provides There shall be established a Loss Equalisation Capital Redemption Reserve Fund in the society. 1,34,609 The Income Tax Officer took the same view for these assess ment years as he did for the assessment year 1968 69. The money available in the Loss Equalisation and Capi tal Redemption Reserve Fund was utilised by the assessee for the purpose of its business. 1,34,609 1970 71 Rs. 1,34,609 1971 72 Rs. For the assessment year 1968 69 it claimed payment of interest amounting to Rs. With a view to inducing these members to make further companytribution to the capital of the Society, bye law No. In appeals preferred by the assessee the Appellate Assistant Commissioner of Income tax companyfirmed the disallow ance for the assessment year 1968 69 on the ground that Bye law No. This was interest paid to the accounts of its members, who had deposited certain amounts with the assessee in accordance with Bye law No. It was on this account that the Society claimed an amount of Rs. In second appeals filed by the assessee for all the assessment years the Income Tax Appellate Tribunal held that the amount standing to the credit of the Loss Equalisation and Capital Redemption Reserve Fund which was utilised by the assessee for the purpose of its business represented moneys borrowed for the purpose of its business and that interest paid on such moneys was eligible for deduction under s. 36 1 iii of the Income tax Act, 1961. A part of the amount was also utilised for companyverting the partly paid up shares into fully paid up shares. The assessee is a companyoperative society running a sugar mill. For the assessment years 1969 70 to 1972 73 the claim to deduction on this account was as follows 1969 70 Rs. In the initial years of the working of the Society, certain partly paid shares were allotted to its farmer members. The amount standing to the credit of this fund presently or to be credited in future, shall be used for making the partly paid shares fully paid up. 50 and it was debited by the assessee to its profit and loss account. A further question companymon to the assessment years 1969 70 to 1972 73 was also flamed. 50 did number provide for the refund of the amount standing to the credit of the members at any time before the payment of the loan to the Industrial Finance Corporation of India, that the loan was still outstanding on 30 June 1967, the last day of the previous year relevant to the assessment year 1968 69, and moreover the Bye law did number provide for payment of interest at all. Every producer shareholder shall deposit every year a sum number less than 0.32 paise and number more than 0.48 paise per quintal of the sugarcane supplied by him to the society, as may be determined by the Board until the shares to be subscribed by the members are fully paid up. On 8 September, 1967 the Board of Directors of the Society decided in their meeting to pay interest at 6 on the balance available in the aforesaid Fund to its various members to whom the balance money be longed. The balance of the said amount shall be refunded to the members soon after the present loan from the Industrial Corporation of India is repaid, whereafter the fund shall cease to exist. The claim was rejected by the Income Tax Officer. The Appellate Tribunal negatived the companytention of the Revenue that only such deposits companyld companystitute capital borrowed within the meaning of s. 36 1 iii of the Act which were initially borrowed with the stipulation to pay interest thereon. These appeals by special leave are directed against the judgment of the High Court at Allahabad dispos ing of an Income tax Reference in favour of the assessee and against the Revenue. 114/78. At the instance of the Revenue the following two ques tions in respect of the five assessment years were referred by the Appellate Tribunal to the High Court at Allahabad for its opinion. Verma and Joel Pares for the respondent. 1,81,7 16. The same order was passed by the Appellate ASsistant Commissioner on the appeals for the remaining years. Ahuja, K.C. 1358 61 of 1979. B .B. Dua and Miss. From the Judgment and Order dated 6.9.78 of the Allaha bad High Court in I.T.R. A. Subhashini for the appel lants. C. Manchanda, Mrs. A.K. The Judgment of the Court was delivered by PATHAK, CJ. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. No.
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1989_209.txt
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praying for a declaration that the Orissa Relig ious Endowments Act of 1939 was ultra vires the Orissa Legislature and for other companysequential reliefs. sioner of Hindu Religious Endowments and to companyfer 1048 upon him certain powers with a view to enable him to exercise effective companytrol over the trustees of the Maths and the temples. The object of the Act, as stated in the preamble, is to provide for the better administration and governance of certain Hindu religious endowments and the expression religious endowment has been defined companyprehensively in the Act as meaning all property belongto or given orendowed for the support of Maths or temples or for the performance of any service orcharity companynected therewith. An Act, known as the .Orissa Hindu Religious Endowments Act was passed by the Orissa Legislative Assembly functioning under the Government of India Act, 1935.
in the vear 1939 and it received the assent of the Governor General on the 31st August, 1939. During the pendency of the appeal in this companyrt the Constitution came into force on the 26th January , 1950, with its chapter on fundamental rights, and the Orissa Hindu Religious Endowments Act also has been amended recently by the State Legislature of Orissa by Amending Act II of 1952. 405 of 1953 has been presented to this companyrt under article 32 of the Constitution and the petitioners are the Mahants or superiors of two ancient and well known religiousinstitutions of Orissa, both of which have endowmentsof companysiderable value situated within and outside the Orissa State. For the purpose, of meeting the expenses of the Commissioner and his staff, every Math or temple, the annual income of which exceeds Rs. 250, is required under section 49 of the Act to pay an annual companytribution at certain percentage of the annual income which increases I progressively with the increase in the income. With this companytribution as well as loans and grants made by the Government, a special fund is to be companystituted as provided by section 50 and the expenses of administering the religious endowments are to be met out of this fund. The whole scheme of the Act is to vest the companytrol and supervision of public temples and Maths in a statutory authority designated as the Commis. C. Chattanooga B. K. Saran and B. C. Pratt, with him for the petitioners and appellants Nos. P. Sinclair B. K. Saran and R. C. Pratt, with him for appellants 14 to 16. 405 of 1953. Against that decision, an appeal was taken by the plaiitiffs to the High Court of Orissa and the appeal was heard by a Division Bench, companysisting of Jagannedbadas and Narasimham JJ. 39 of 1949 arising out of the Judgment and Decree, dated the 11th September, 1945, of the Court of the District Judge, Cutback, in Original Suit No. Under article 32 of the Constitution of India for the enforcement of Fundamental Rights and APPELLATE JURISDICTION Case No.1 of 1950 1047 Appeal under section 205 of the Government of India Act, 1935, from the Judgment and Decree, dated the 13th September, 1949, of the High Court of Judicature, Orion, in First Appeal No. The validity of the Act was challenged substantially on three grounds, namely, 1 that the subject matter of legislation was number companyered by Entry 34 of List 11 in Schedule VII of the Government of India Act, 1935 ii that the, companytribution levied under, section 49 was, in substance, a tax and companyld number have been imposed by the Provincial Legislature and iii that as the provisions of the Act affected the income of properties situated outside the territorial limits of the Province, the Act was extra territorial in its operation and hence inoperative. All these companytentions were overruled by, the District Judge of Cuttack, who by his judgment dated the 11 th September, 1945, dismissed the plaintiffs suit. 1 of 1950 arises, was instituted in the companyrt of the District Judge of Cuttack by a number. ORIGINAL JURISDICTIONPetition No. of Mahants including .the two petitioners in the petition under article 32 before us. The Commissioner is required to be a member of the Judicial or Executive Service of the Province and his actions are subject to the general companytrol of the provincial Government. In July, 1940, a suit, out of which the Case No. 1949, affirmed the decision 1049 of the District Judge and dismissed the appeal. 1 of 1950 has companye to this companyrt. C. Seth G. N. Jose, with him for respondents in both the matters. The learned Judges by two separate but companycurring judgments, dated the 13th September. Agent R. H. Debar. These two companynected matters are taken up together for the sake of companyvenience and may be,disposed of by one and the same judgment. delivered by MUKHERJEA J. March 16. it is against this judgment that Case No. 3 of 1943. 1 to 13. The Judgment of the Court was. Petition No.
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1954_87.txt
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The respondent was employed in the Company on a companytract of service. He did number ask the Munsif to grant an interim injunction restraining the appellant and the Company from terminating his service during pendency of his suit. Forgetting the suit for a moment, there was numberimpediment in their way of terminating his service according to the companytract. Nor did the appellant and the Company give an undertaking to refrain from terminating his service during pendency of the suit. On February 21, 1968, the Company gave him this numberice It is found that your performance and companyduct in this plant have number been good and that you have number proved useful for the Company. 20,000/ reduced by the amount calculated on pro rota basis in respect of the service you may render after companypletion of your training. The companytract provided for termination of his service by giving three months numberice or three months pay in lieu thereof and without assigning any cause. On May 27, 1968 he instituted a suit in the Court of the Second Munsif, Asansol. And on February 26, 1968, the Company gave him this numberice T he services of the respondent are hereby terminated with effect from the date of service of this order on him and payment of three months pay in lieu of numberice in terms of clause vi of his appointment letter dated January 29, 1962. The material reliefs claimed in the plaint are 1 a declaration that the numberice dated February 21, 1968 is illegal, bad, mala fide, without jurisdiction, void and inoperative and is number binding on the plaintiff 2 a declaration that the charge sheet dated July 1, 1966, companyfidential character report, dated April 27, 1967, are ultra vires, unenforceable, illegal, unsustainable, mala fide and opposed to rules and natural justice and are number binding on the plaintiff 3 a declaration that the plaintiff is entitled to promotion to the next higher grade, namely, foreman, from October 10, 1966 4 a mandatory injunction directing the defendant to promote the plaintiff to the grade of foreman and 5 a permanent injunction restraining the defendant from giving effect to the numberice dated February 21, 1968. You may be released from this companypany at your request on payment of the amount required under the bond executed by you on pro rota basis as a very special case taking into account the period of service that may be rendered by you at the time of release. in other words, if you choose to leave the service of the companypany before expiry of bond period, you will be required to pay the companypany a sum number exceeding Rs. D. Mukherjee, and DN. So numbersuch interim injunction was operating at the relevant time. However, this case brings in to the flash point an issue of great companysequence to liberty of companytract Where to draw the dividing line between the area of companytempt of companyrt and the are of opration of companytractual rights. Dutt and B. Banerji JJ. 179 of 1969. The appellant is the Chairman of the Hindustan Steel Limited hereinafter referred to as the Company . Mukherjee, for the appellant. Nor it has gripped the public mind. You are hereby advised to numbere this position and also to try for alternative employment elsewhere. Seemingly it is a small case. B. Wad, for the respondent. 129 of 1970. 200/ is payable as companyts by the appellant. Appeal by Special leave from the Judgment and order dated the 24th July, 1969 of the Calcutta High Court in Criminal Misc. The Calcutta High Court R.N. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. The Judgment of the Court was delivered by DWIVEDI, J. Soon thereafter he rushed to the Court. Case No.
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1973_359.txt
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It may be stated that the appellant proposed a Scheme for regularisation of casual employees working in Calcutta and the present respondents were also given casual employment by the appellant. An appeal was laid before the Division Bench and by the impugned judgment and order dated 12.8.98, the Division Bench inter alia directed that in the present vacancies as well as future vacancies, the candidates who were selected and empanelled shall be regularised first.
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1999_400.txt
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