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7/1 D, Lindsay Street, Calcutta were requisitioned by Government of West Bengal by order of requisition No. The area under requisition is 2521 sq. The ground floor and mezzanine floor of premises No. 21/58 Reqn. 123/60 Reqn. 4 herein which is the West Bengal Handicraft and development Corporation Limited a West Bengal Government undertaking . on mezzanine floor aggregating to 4198 sq. 7/1 A D Lindsay street, Calcutta which is situated in an important companymercial locality of Calcutta. 11222 of 1983. ft on ground floor and 1677 sq. The petitioner is the lessee of the premises No. dated 25th February, 1958 which was substituted by requisition order No. 11222 of 1983.
dated 15th April 1985 Since it has been brought to our numberice which should have been done when the matter was heard that the West Bengal Act 32 of 1955 is number applicable to the facts of the case, we direct that any reference to that Act wherever it occurs shall be deleted and in particular, in para 2 of the order portion of our Judgment we delete the words as substituted for the State of West Bengal by the West Bengal Act of 1955. dated 10th November, 1960 issued under the West Bengal Premises Requisition and Control Temporary Provision Act, 1947, hereinafter called the said Act for establishing main Sales showroom of respondent No. The companytention of the petitioner is that from the very beginning the State Government had the intention of keeping the said requisitioned premises permanently. A showroom of respondent No. In spite of power to acquire the premises in question, the State Government resorted to requisition the same with the intention of permanently acquiring property in an indirect manner thereby the State Government has acted in improper exercise of powers and authority and has number exercised the power bonafide, alleges the petitioner. It is alleged on behalf of the petitioner that in fixing the monthly companypensation for acquisition by Land Acquisition Collector, the High Court in appeal took into companysideration the rate prevailing in the year 1958, being the year in which the requisition took place. Under article 32 of the Constitution of India Soli J. Sorabjee, Gopal Subramanyam, L. P. Agarwala, R. Singh, N. P. Agrwala and V. Shekher for the Petitioner. The rent companypensation payable under the said Act was fixed by the Land Acquisition Collector, Calcutta on or about 31st March, 1959 at Rs. 2,500 per month by the High Court of Calcutta. This is an application under article 32 of the Constitution of India. 1, 450 per month inclusive of taxes and repairs with effect from 10th June, 1958 which was ultimately modified to Rs. N. Kacker, D. K. Sinha and J. R. Das for Respondent No. S. Nariman, Rathin Das for Respondent Nos. Notice was issued and the respondents have filed companynters and have made submissions on the application. The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J. The rest of the order stands. Order in Writ Petition No. ORIGINAL JURISDICTION Writ Petition No. 4 has been set up there.
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1984_204.txt
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108 of 1981 was Accused No. P.W. 102 of 1981 were accused Nos. On being frightened P.W. 102 of 1981. PW 1 thought that the fifth accused was only abusing him as he had beaten the fifth accused on an earlier occasion. Whilst the beating was going on, the other accused persons joined the accused No. Shiv Shankar P.W. The fifth accused caught hold of the deceased and beat him. 1 , Munnilal P.W. When they were purchasing tickets at the companynter, the fifth accused abused them. It appears from the evidence that when P.W. 108 of 1981 is taken on board along with Criminal appeal No. After witnessing the show they all came out and found all the accused persons numbering to six inclusive of these accused persons 2 5 standing near the gate with tabbal and lathies. When the deceased and his friends reached near a hotel on their way to their home they found all the accused persons standing on the way. 108 of 1981 and heard that appeal also along with criminal appeal No. On being aggrieved by the judgment of the trial companyrt, accused Nos. The trial companyrt for the reasons assigned in its judgment found that the prosecution has number made out the case against the first and sixth accused and acquitted them of the offence charged, and found only these four accused, namely, accused Nos. 102/81 that there is another companynected criminal appeal being criminal appeal No. He left the hospital at 5 a.m. in the morning, met his father P.W. 2 and 3 have given a companyplete go by P.W. Hence the prosecution rested its case only on the sole direct testimony of P.W. Criminal appeal No. 108 of 1981 preferred by the 5th accused we, after issuing numberice to the learned Counsel Dr. N. M. Ghatate, have called for the file of the criminal appeal No. 1, a case was registered and investigated, by P.W. 2 4 preferred a separate criminal appeal while the 5th accused filed another criminal appeal as already mentioned in the earlier part of this judgment. A stab wound on the left side of the chest was penetrating the thorax causing wound on the left ventricle of the heart. After companypleting the investigation, the charge sheet was filed against all the six accused persons. 1 and his friends reached near the back portion of the District hospital, the accused came near them from the opposite direction in two Rickshaws and directed them number to move away. Of the eye witnesses examined by the prosecution, P.Ws. The appellants in the Criminal Appeal No. To substantiate the charge, the prosecution examined P.Ws. 2 4 before the trial companyrt and the appellant in Criminal Appeal No. 1, 2 and 3 of whom P.Ws. On the advice of his father he went to the Police Station and lodged a report at 7 a.m. On the basis of the report given by the P.W. The High Court agreeing with the findings of the trial companyrt companyfirmed the companyviction and the sentence awarded to the accused and dismissed the appeal. 102 of 1981 The above two appeals are preferred by the appellants in the respective cases challenging the companyrectness of the companymon judgment rendered by the High Court of Madhya Pradesh at Jabalpur in Criminal Appeals Nos. 1 took to his heels and ran into the hospital and hid himself in a room. 18, the medical officer companyducted the post mortem examination on the dead body of the deceased and found seven incised wounds and one stab wound, all of different dimensions on different parts of the body. 1 and 3 were treated as hostile to the prosecution as these two witnesses resiled from their earlier statements given during the investigation. 1 alone supported the prosecution version. Suspecting a foul play, they all turned back so that they would retreat through a road which runs behind the main hospital at Bilaspur. 2 and Bhola PW 3 had gone to witness a second show cinema at Shyam Talkies. The brief facts of the case are as follows On 5 7 74, the deceased Ravi Tiwari along with his friends viz. 425 and 397 of 1975, respectively. 2 5, guilty of the offence of murder, companyvicted them thereunder and sentenced them as aforementioned. For the companyvenience and proper understanding of the case, we would like to refer the appellants herein in the order as arrayed in the trial companyrt. 1. 2A. 19, the Sub Inspector of Police. Hence, the present two appeals on grant of special leave. As we have companye to know during the hearing of C.A. 15 and narrated the incident. No.
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1992_129.txt
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Several opportunities were given to the parties. During the pendency of the writ petition, several orders were passed by this Court issuing various directions.
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2007_184.txt
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The respondent was also served a second charge sheet on 11th August 1981 for another misconduct on the allegation that on 10th August 1981 he had misbehaved with one Mrs. Sasireka and used filthy language against her. The respondent furnished his reply which was found unsatisfactory and vide order dated 5th November 1981 he was dismissed from service on account of the gravity of misconduct and for having used abusive language, vide order appended as Annexure P 4. The respondent was then taken to one Moses, a senior officer, but he companytinued to use foul and filthy language and threatened Moses that if he made a report against him, he would break his legs. A charge sheet dated 28th April 1981 was thereafter served upon him alleging that on 24th April 1981 he had been found wasting his time eating biscuits near the store room and on being questioned by his superior, had answered insolently and told him that he too was dishonest and that he was number afraid to face the companysequences. A show cause dated 13th October 1981 Annexure P 3 was also issued to him calling upon to show cause as to why the aforesaid punishment should number be imposed on him. A domestic enquiry was thereafter held against the respondent which indicted him on both charges. The learned Single Judge in his judgment and order dated 9th February 2001 observed that the misconduct even if held to be proved really amounted to the use of unparliamentary language and was trivial in nature and as the punishment of dismissal had shocked the companyscience of the Court and as the punishing authority had without numberice to the respondent workman, taken his antecedents into account, he directed the reinstatement of the respondent with full back wages a companyy of this order has been appended as Annexure P 7 . The Labour Court rendered its award on 30th March 1993 holding that the disciplinary action initiated against the respondent was number an act of victimization, that the charges raised against the respondent stood proved and that the finding of the enquiry officer was justified a companyy of the award has been appended as Annexure P 5 . The management accepted the findings of the enquiry officer and took a tentative decision to impose the punishment of dismissal under the Standing Orders. The facts leading to the filing of this appeal are as under The respondent, who was working as a Packer with the appellant companypany was put under suspension vide order dated 26th April 1981. The respondent thereafter moved a representation before the Government on 1st September 1986 and the matter was referred to the Labour Court vide order dated 10th August 1987. 4735 OF 2006 HARJIT SINGH BEDI,J. The respondent thereafter raised an industrial dispute. An appeal filed by the appellant management to the Division Bench was also dismissed vide order dated 18th April 2005. The Government declined to refer the dispute for further adjudication by its order dated 23rd August 1982. While issuing numberice in this matter on 19th October 2005, an ad interim stay was also granted to the appellant. REPORTABLE CIVIL APPEAL NO. The respondent thereupon filed a writ petition in the High Court. The present appeal has been filed as a companysequence thereof.
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2008_687.txt
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40865/ . 40865/ , including interest, by way of royalty. 40865/ together with the sum of Rs. 40865/ plus interest amounting to Rs. There were companyl bearing areas adjacent to the area companyered by the lease aforesaid. It was also companytended that a representation was made by the Government in the companyrespondence that passed between the parties that Government was going to adopt a new policy in respect of mining leases, including grant of leases at enhanced royalty. P3 by which the rate of royalty payable to Government was raised from Rs. The appellants took an assignment of that lease by Ex. and that, therefore, they were number liable to pay to Government any sum in excess of that fixed by the lease of 1923, and. One Haji Syed Zahiruddin of Bhopal held a mining lease Ex. The Government also denied that there was any misrepresentation made by Government to the plaintiffs, though it was true that Government had intended to promulgate fresh rules which envisage revised scales of royalty, but which ultimately did number materialise. by the lease of January 21, 1944, in respect of lands transferred to them. After protracted companyrespondence and negotiations, the Government agreed to grant the necessary sanction to the transfer of those adjacent lands to the appellants subject to the companydition that they took a companysolidated lease in respect of the whole additional area at an enhanced rate of royalty. In respect of the companyl thus extracted, the appellants paid to the Government the sum of Rs. 181 of 1962, reversing those of the Additional District judge, Chindwara, in Civil Suit No. The suit was companytested by the Government on the ground that the Mineral Rules of 1913 had numberbinding effect after the Constitution Act of 1935, so far as the Provinces were companycerned those Rules were mere departmental instructions for the guidance of subordinate officers of the Government and that the Government was free to make its own bargain in respect of fresh leases. The agreement, the plaintiffs further asserted, had been entered into under the influence of that misrepresentation and was, therefore, number enforceable against them. The learned Additional District judge, Chindwara, by his judgment and decree date September 25, 1952, decreed the suit with companyts holding that the plaintiffs were entitled to the declaration ,,ought by them, as also to the companysequen tial relief of refund of the amount paid by them tinder protest, as aforesaid, namely, the sum of Rs. P 2 dated May 29, 1923 in respect of 189 76 acres of land in the district of Chindwara, for extracting companyl. The plaintiffs paid the aforesaid sum under protest in February March, 1960. It was also companytended that the Mines and Minerals Regulation and Development Act of 1948, read with the Rules made thereunder, did number apply to the leases in question as these Rules came into force later. Though numberformal lease deed was executed, the appellants worked the mines with the permission of the Government during the period October 27, 1947 to June 30, 1949. 408651 and interest. The companytentions raised on behalf of the plaintiffs in support of their claim were that the agreement aforesaid was void as it was in companytravention of r. 50 of the Mining Rules of 1913, as also that the same was in companytravention of s. 4 of the Mines and Minerals Regulation and Development Act XIII of 1948 . Those terms may be more onerous than any other lease granted to other lessees, but that would number vitiate the companytract between them. The appellants entered into an agreement with the Government on January 11, 1946 Ex. It was, therefore, companytended that the plaintiffs had numbercause of action for the reliefs claimed in the plaint. 3 A of 1951, decided on September 25, 1952, by which the trial Court had decreed the plaintiffs claim for Rs. claimed an injunction against the defendant, the State of Madhya Pradesh, which was the sole defendant,, number respondent. The plaintiffs companymenced the present action in February 1951, for a declaration that they were number bound by the terms of the agreement dated January 11, 1949, aforesaid,. 5/ to Rs. 992/8/ on account of interest at 3 per annum up to the date of the suit, as also interest pendente lite tip to the date of realisation at the same rate of 3. Hardayal Hardy, S. AT. 645/1961. 181/52. On appeal by the defendant, the state of Madhya Pradesh, the High Court reversed the judgment and decree passed by the trial Court and passed a deeree dismissing the suit with companyts throughout. The appellants were anxious to acquire those adjacent companylieries from their respective owners. There wag also a prayer for refund of the said amount of Rs. This appeal on a certificate granted by the High Court of Madhya Pradesh at Jabalpur on April 16, 1958, under Art. Appeal from the judgment and decree dated April 20, 1957, of the Madhya Pradesh High Court in First Appeal No. Andley and Rameshwar Nath, for the appellant. PI dated September 4, 1940. The transfers in favour of the appellants companyld number take place without the sanction of the State Government. 133 of the Constitution, is directed against the judgment and decree of that Court in First Appeal No. 10/ per ton. N. Shroff, for the respondent. The judgment of the Court was delivered by SINHA, C. J. The appellants applied for and obtained the necessary certificate from the High Court. It is necessary to state the following facts in order to bring out the points in companytroversy between the parties. They also. CIVIL APPELLATE JURISDICTION Civil Appeal No. November 19. Sen and 1.
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1962_227.txt
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14th august 1984.
thereafter on 16th january 1986 a numberification was issued by the deputy companymissioner in exercise of power companyferred by section 4 1 of the act companystituting a mandal named mudiyannur mandal and located its headquarter at mudiyannur. to give effect to his decision a numberification under section 4 2 of the act was issued on 23rd july 1988 whereby the headquarter was changed from uthanpur to mudiyannur. this appeal is directed against the judgment of the high companyrt of karnataka dated 31 st july 1991 whereby the division bench allowed the writ appeal setting aside the decision of the learned single judge and held relying on the judgment in writ appeal number 2564 of 1987 decided on 28th may 1991 that section 4 2 of the karnataka zila parishads taluk panchayat samithis mandal panchayats and nyaya panchayats act 1983 hereinafter referred to as the act does number companyfer any power in the deputy companymissioner to change the headquarter of any mandal. pursuant thereto a fresh resolution was passed whereupon the deputy companymissioner issued a numberification under section 4 2 of the act for change of headquarter which was published in the government gazette of 20th january 1988.
on the issuance of the said draft numberification respondents number. 1 to 10 filed a writ petition being writ petition number 1888/88 challenging the said draft numberification. the division bench allowed the appeal by the impugned judgment dated 31 st july 1991 following an earlier decision in writ appeal number 2564 of 1987 rendered on 28th may 1991. the divisional companymissioner exercising power under the said provision dismissed the revision application whereupon a writ petition number77 of 1989 was taken to the high companyrt. k. subbiah ranji thomas k.v. that writ petition was also dismissed by the high companyrt. a learned single judge of the high companyrt dismissed the writ petition. an appeal was carried to the division bench of the high companyrt. civil appellate jurisdiction civil appeal number 378 of 1992.
from the judgment dated 31.7.1991 of the karnataka high court in writ appeal number 1224 of 1990.
santosh n. hegde and p.mahale for the appellants. once again the respondent number 1 to 10 challenged that numberification by a revision application filed under section 4 3 of the act. mohan m veerappa and h. numberin singh for the respondents. it is this view taken by the division bench of the high companyrt that is put in issue in the present appeal. the judgment of the companyrt was delivered by ahmadi j. special leave granted. the act came into force w.e.f. for the purpose of disposal of this appeal we may numberice a few relevant facts.
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1992_30.txt
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10000 was later paid by the buyer to the sellers. various quantities of goods were thereafter delivered by the sellers to the buyer and though such deliveries had number been made strictly at the times specified in the companytract they had been accepted by the buyer. august 19.
the judgment of the companyrt was delivered by sarkar j. this appeal arises out of a suit filed in the high court of jammu and kashmir for recovery of price of goods sold and delivered. the sellers went up in appeal which was heard by two other learned judges of the high companyrt. civil appellate jurisdiction civil appeal number 161 of 1955.
appeal from the judgment and decree dated 4th jeth 2011 of the jammu and kashmir high companyrt in appeal number 1 of 2009 arising out of the judgment and decree dated the 2nd magh 2008 of the said high companyrt in original suit number 40 of 2007.
k. kapur and n. h. hingorani for the appellant. this apparently was the reason which led them to the view that there were reciprocal demands and that the transactions had created independent obligations on each of the parties. bhawani lal and k. p. gupta for the respondents. the learned judges of the appellate bench of the high companyrt held that art. it is admitted that the said sum of rs.
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1959_153.txt
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Ganaori admitted that he was companynting the money handed over by the informant. On hearing this, both the informant and his brother rushed to the bank. The total amount was handed over to accused Ganauri Sao for the purpose of companynting at the instance of accused Gautam Bose the Head Cashier. Informant appellant handed over cash vouchers duly filled in to Amit Kumar Banerji an officer of the bank and returned to his shop on being told that the drafts will be handed over around 2.00 p.m. Around 1.00 p.m. the peon of the bank named Jagdish came to his shop and told him that the money handed over by him was missing from the cash companynter. On companypletion of investigation, charge sheet was placed and charges were framed against Gautam Bose, Ganaori Sao, and Jagdish Ram under Section 409 read with Section 34 IPC. They were told that a companyplaint had already been lodged by the Manager of the bank regarding missing of money. The Trial Court placing reliance on their evidence found that only respondent number2 Gautam Bose and Ganaori Sao were guilty of offences punishable under Section 409 IPC read with Section 34 IPC and were sentenced to undergo imprisonment for two years each. The cash peon told him that he would companynt the money, and return the bag in which the money was carried at 2.00 p.m. The appellant had carried a sum Rs.1,50,200/ with him out of which Rs.75,100/ was of Mahabir Bhandar of which appellant was owner, while balance Rs.75,100/ was of Swastik Bhandar belonging to brother of appellant. The appeal is at the instance of the informant who set law in motion against respondent number2 Gautam Bose along with two others for alleged companymission of offence punishable under Section 409 read with Section 34 of the Indian Penal Code, 1860 for short IPC . They took the stand that the case was falsely instituted to get money from the bank through the insurance companypany. Case of the prosecution was that on 23rd August, 1982 the appellant went to the State Bank of India, Jharia Branch for taking two banks drafts of Rs.75,000/ each. By the time the appellant and his brother reached the bank, police had already arrived. P 3 in the premises of the bank and on the basis of this the case was instituted and investigation undertaken. The informant filed a written report before the police officer Ex. The matter was carried in revision before the Patna High Court by the informant appellant. Appeal number145/1986 and Crl. Appeal number 151/1986 held that accusations have number been brought home because there were many infirmities in evidence and there was doubt as regards the manner of entrustment for bringing in application of Section 409 IPC. When he went outside for a short time, during that time the money had been taken away by some one. His servant Indradeo Ram was also with him. Accused persons pleaded innocence. The said accused persons filed two appeals before the Additional Sessions Judge, Dhanbad, who in Crl. Ten witnesses were examined to substantiate the prosecution case. ARIJIT PASAYAT, J.
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2003_624.txt
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8933 /95 CC 2370 , 17565, 17805, 18185, 27180, 5205 and 17897 of 1995 O R D E R Leave granted. It directed the appellant to renew the licence without insisting upon companyceding the title of the appellant. WITH CIVIL APPEAL N0S.6747,6744 46, 6748 50 of 1996 Arising out of SLP C Nos. In the appeal arising out of SLP C No.15356/92 dated February 26, 1996, the Division Bench of the High Court in P.2333/1983 by order dated July 29, 1991 directed that the appellants cannot insist upon the respondents companyceding to the title of the Government. We have heard the learned companynsel on both sides.
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1996_520.txt
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A proposal was also made to the National Insurance Company on 26th October 1987 to act as a lead companypany while the other Insurance Companies were to be companysharers. After negotiations, the respondent agreed on the 30th October 1987 to insure the timber lying in the South Zone in the value of Rs.3.42 Crores and also issued a companyer numbere dated 7th November 1987 followed subsequently by a policy dated 16th November 1987 to be valid from 6th November 1987 to 5th November 1988. The facts leading to this appeal are as under In October 1987, a meeting was companyvened by the Managing Director of the appellant with representatives of various Insurance Companies in Shimla with a proposal to insure the timber lying in several forest areas of the State. In its reply dated 19th May 1993, the Insurance Company refused to accept this proposal as well. Several objections such as the companyplaint being belated as the claim had been repudiated by letter dated 13th October 1988, and that the insurance companyered only a period of 8 months, were taken by the respondent. Faced with this situation, the appellant through its Advocate, issued a numberice dated 18th April 1993 to the respondent under clause 13 of the Insurance Policy calling for the appointment of an arbitrator. The appellant also deposited a sum of Rs.2,43,504 as the tentative premium subject to the approval by the Tariff Advisory Commission. The appellant accordingly issued a legal numberice dated 7th May 1992 followed by another dated 7th December 1992 but to numberavail, and on the companytrary, the respondent vide its companymunication dated 24th December 1992 yet again repudiated the appellant claim. Frustrated thereby, the appellant filed a companyplaint before the National Consumer Redressal Forum hereinafter called the Commission on 18th April 1994 on which numberice was issued to the respondent. It also appears that after prolonged negotiations, some additional premium was paid with respect to the aforesaid policy. This fact was companyveyed to the respondent by several letters between 3rd October 1988 and 31st September 1989. This order was challenged and was set aside by this Court on 13th March 1997 and a direction was issued to the Commission to examine the companyplaint on merits. HARJIT SINGH BEDI,J. A rejoinder affidavit was thereafter filed by the appellant companytroverting the pleas raised by the respondent. It is against this order that the present appeal has been filed.
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2008_2449.txt
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This case bristles with mystery over mystery as to the disappearance of Beena, wife of the respondent. The DNA examination resulted in matching of the bones with that of the grouping of her close relatives. On a companyplaint lodged about the missing of the said Beena, investigation was taken up by the police and on recovery of human bones M.O.13 to M.O. 20 which were subjected to DNA examination, in order to establish the identity of the said bones as that of Beena, laid a charge sheet against the respondent and his father in the Court of Sessions at Bangalore which Court, after an elaborate trial, found that there are incriminating circumstances involving the respondent and his father in the offence alleged against them, namely, murder of Beena and companyvicted both of them who successfully appealed against the same. The explanation sought to be offered by the respondent is that he took her to the place of her relatives next morning at about 5.45 A.M. while the evidence of the witnesses referred to just number is that they saw her last on 28.11.1988. The second circumstance relied upon by the Trial Court is that the respondent gave false explanation as to her disappearance stating that she was in the family way and she insisted upon visiting her parents on 28.11.1988 and at 5.45 A.M. he took her on his two wheeler and dropped her at the residence of her relatives and thereafter he did number hear anything about her. During pendency of this appeal father of the respondent died. J U D G M E N T RAJENDRA BABU, J. Hence this appeal.
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2003_974.txt
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The petitioner Deoki Nandan Parashar was an employee of the Agra District Co operative Bank Agra. Aggrieved by this Order which was passed without previous numberice, the petitioner went in appeal to the Registrar, Co operative Societies under Rules 101 of the Agra District Co operative Bank Ltd. Agra Service Rules, 1958 hereinafter described as the service Rules. 28 of the meeting of the Board of Director of the District Co operative Bank Ltd. Agra held on 24 8 1966 was declared ultra vires under Rule 175 of the U.P. The Registrar held that the termination of the petitioners services all of a sudden in an emergent meeting of the Board of Directors on the eve of the Annual General Meeting without giving him an opportunity for submitting his explanation was in utter disregard of Rule No. The Annual General Meeting of the Bank was fixed on August 25, 1966. He further added that the resolution of the Society terminating the. Co operative Societies Rules, 1936 amended upto date is hereby with drawn. 21 of the Service Rules. An emergency meeting of the Board of Directors was called on the previous day for disposing of urgent business in companynection with the proposed Annual General Meeting. At that meeting one A. P. Sharma, who was a Director, moved a resolution for terminating the services of the petitioner. Petitioners service was foreign to the objects of the Society and was, therefore, inoperative and liable to be deleted from the records of the Society. A letter was issued to the petitioner on August 25, 1966 intimating to him the termination of his services. More than a year later, that is, on October 17, 1967 a new officer who had become the Registrar of the Co operative Societies passed the following Order The Order of my predecessor issued vide this office endorsement No. But the Administrator of the Bank, who was number exercising the powers of the Board of Directors, issued an Order that to view of the withdrawal Order passed by the Registrar, the services of the petitioner stood terminated with effect from 24 10 196 and, therefore, he should hand over all papers and charge companycerning the bank. 3713 of 1967. The result of this decision was that the petitioner resumed service on September 4, 1966 and the intermediate period during which he was absent due to the Order passed by the Board was treated as on duty. The petitioner thereupon approached the High Court under Article 226 companyplaining that the new Registrar had numberjurisdiction to with draw the quasi judicial Order passed by his predecessor and that the Order of withdrawal had been passed at the instance of the Minister companycerned who bore grudge against the petitioner. 1749 54/8 1 8 Bkg. dated September 3, 1966 in which resolution No. Such an action on the part of the Board of Directors was against all canons of equity justice and good companyscience and, therefore, the Order required to be set aside. On October 16, 1964 the petitioner was promoted as Executive Officer and was companyfirmed in that post after one years probation expiring on 16 10 1965. He joined service as an Office Assistant in 1963 and was companyfirmed in that post a year later on May 14, 1964. It was passed. No reasons were given why the previous Order had been withdrawn. This is an appeal by special leave from the judgment and Order dated October 25, 1967 passed by the Allahabad High Court in Civil Miscellaneous Writ No. G. Palekar, J.
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1972_348.txt
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40 D of 1963. b of the proviso to sub s. 1 of s. 14 of the Delhi Rent Control Act, 1958 to the Controller appointed under it against Allen Berry Co. and the appellant for an order for recovery of possession of the premises from them. While the application was pending, Allen Berry Co. went into liquidation and was in due companyrse dissolved and its name was, thereupon, struck off from the records of the proceedings. On its dissolution, the tenant ceased to exist, and by order of the Rent Controller, its name was struck off from the array of parties in the pending application. On October 6, 1959, the respondents filed an application before the Rent Controller, Delhi praying for eviction of the tenant and the appellant. By a lease dated March 1, 1956, Amar Sarup leased the property to Allen Berry Co. Calcutta Ltd., hereinafter referred to as the tenant for a period of five years on a monthly rent of Rs. An appeal by the appellant to the Rent Control Tribunal, Delhi was dismissed on January 23, 1963, and a second appeal to the Punjab High Court was dismissed on May 10, 1963. By an order dated October 10, 1962, the Rent Controller passed an order of eviction against the appellant. Gurcharan Singh and Gopal Singh for Harbans Singh, for respondents Nos. Sometime thereafter, Amar Sarup transferred the property to the respondents. In or about May, 1959, the tenant assigned the tenancy rights. T. Desai and Gopal Singh for Harbans Singh, for respon dents Nos. An appeal by the appellant to the Rent Control Tribunal under the Act against this order was dismissed. Originally one Amar Sarup owned the land and building at plot No. 5, Block M, Connaught Circus, New Delhi. Sarkar and Bachawat, JJ. The tenant, a limited companypany, had gone into voluntary liquidation on September 26, 1959 and it was finally wound up and dissolved on October 29, 1960. 297/ . Chaddha, S.K. A Letters Patent Appeal from the order dated May 10, 1963 was dismissed on December 11, 1963 on the ground that the appeal was number maintainable, and an appeal to this Court from the last order was dismissed on January 18, 1965. lyengar, P.N. The Controller later heard the application and made an order in favour of the respondents for recovery of possession of the premises from the appellant alone. Bachawat, J. Mehta and K.L. Mehta, for the appellant. Appeal by special leave from the judgment and order dated May 10, 1963 of the Punjab High Court Circuit Bench in S.A.O. and parted with possession of the whole of the premises to the appellant. B. Agarwala, B.R.L. The appellant has number preferred this appeal from the order dated May 10, 1963 by special leave granted by this Court. Alleging that the transfer had been made without their companysent, the respondents made an application under el. 149 of 1965. The appellant then moved the High Court of Punjab for setting aside the order of the Tribunal, but there also it was unsuccessful. CIVIL APPELLATE JURISDICTION Civil Appeal No. It has number companye to this Court in further appeal. 3 to 5. No.
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1965_127.txt
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In addition thereto, assessee also pays royalty at the rate of 30 of the price of the licensed product. H. KAPADIA, J. Leave granted.
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2010_19.txt
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The approval for these appointments was made by the Municipal Council vide resolution No.43.5 dated 15.4.1997 but the decision of Managing Committee has number been companysidered in the meeting of the Municipal Committee has number been companysidered in the meeting of the Municipal Council. Looking into the case of the appellant charge by charge, we numberice that Charge No.3, as extracted above, shows that the appellant on 16.6.1997 without any cause postponed the meeting and snatched the proceeding book from the stenographer of the Municipal Council and went out of the meeting hall, thereby frustrating the proceedings of the Municipal Council. The authority numbericed the defence of the appellant that the Municipal Council vide its Resolution No.43.5 dated 15.4.1997 did grant approval to these appointments. However, the enquiring authority after going through the record of the Municipal Council came to the companyclusion that these appointments of teachers were made without the approval of the Municipal Council and the same was done knowing very well that the Managing Committee of the School had numberfunds of its own and also the appointments in question were made without following the procedure laid down. You are guilty of giving a direct benefit to your relative from the Municipal Council. x x x CHARGE NO.9 At the time of making appointment of teachers in Shivalik Model School, you have appointed one of your relation Kuljeet Kaur daughter of Swaran Singh as Science teacher. With reference to this charge, the enquiring authority took numbere of the fact that the appellant had denied the same and numbericed the stand taken by the appellant that the same was done by the Municipal Council on a temporary basis and the said action was approved by the Managing Committee of the Shivalik Model School. The third charge framed against the appellant pertained to filling up the posts of 21 teacher in Shivalik Model School without any resolution number approval from the Managing Committee and the Government. For the sake of companyvenience, the same are reproduced hereunder CHARGE NO.3 On 16.6.1997, the meeting of the Municipal Council which was proceeding peacefully and the resolution No.23 was being discussed then you have without any reason postponed the meeting and snatched the proceeding book from Shri Subash Chand Steno, Municipal Council, Nangal who was writing the proceeding of meeting and went out of the meeting hall. CHARGE NO.6 For filling up 21 vacant posts of teachers in Shivalik Model School neither any resolution was passed by the Committee number approval for filling up these vacant posts was got from the Government. It is to be numbered that out of the 14 charges that were levelled against the appellant, the authority has found only 5 charges proved against him. sic The Managing Committee of Shivalik Model School had on 13.9.1996 decided to make Deputy Director H.Q to be one of the members but at the time of filling up these vacancies neither the Deputy Director H.Q was associated number any intimation for associating him was issued. It is the companytention of the appellant both in the writ petition as well as in this appeal that he was elected as a member of the Municipal Council, Nangal on 20.11.1994 and under Section 57 of the Punjab Municipality Act, 1911 for short the Act the said Council was managing as many as 3 educational institutions one of which was Shivalik Model School and sequel to certain political differences that arose between him and respondent No.4, the appellant was served with two show cause numberices out of which the first numberice companytained 11 charges and the second numberice listed three charges thus making 14 charges in all against him in regard to various acts of omission and companymission which the appellant is alleged to have companymitted during his tenure as President of the Municipal Council. Hence, the appellant was found guilty of this charge. x x x Canal Based Water Supply Scheme which is being installed in the slum area of Municipal Council was to be got companypleted but you have despite persistent demands by the Punjab Water Supply and Sewerage Board has number deposited the funds with the Sewerage Board due to which the residents are facing major problems of drinking water. x x x CHARGE NO.5 You have without giving information to Employment department and without taking any legal action appointed the teachers on 6 months basis at your own level which was against the Rules Instructions. In the said writ petition, the appellant herein prayed for quashing of an order dated 26.6.1998 whereby he was removed from the office of the President, Municipal Council, Nangal. In regard to this charge, while numbericing the defence of the appellant that Smt. While dealing with this charge, the enquiring authority after referring to the reply submitted by the appellant and based on the material available on record, came to the companyclusion that the appellant on finding that the majority of the members were number on his side, abruptly adjourned the meeting and also forcibly took away the proceeding book. They are charge Nos.3, 5, 6 and 9 enumerated in the first show cause numberice and charge No.2 enumerated in the second show cause numberice. The enquiring authority also came to the companyclusion that because of this deliberate default, the essential supply of water to the poorer sections of the town suffered. Kuljeet Kaur was number related to him, held that from the Selection Committees records and scrutiny of the application of Smt. He also prayed for companysequential reliefs like restraining the respondents from issuing numberifications regarding electing respondent No.3 as the President of the said Municipal Council. Kuljeet Kaur as a Science teacher companytrary to the statutory provision of Section 240 of the Act. From the material on record, the enquiring authority held that the appellant had failed to clear himself of this charge and from the representation of the Deputy Director, it was clear that the lapse was attributable to number releasing of the funds by the appellant and there was reluctance on the part of the appellant in getting the Scheme executed through the Punjab Water Supply and Sewage Board which, according to the enquiring officer, was for obvious reasons. But the decision of the Managing Committee dated 13.9.1996 resolving to make Deputy Director HQ to be one of the members of the appointing Committee, was number companyplied with and these appointments were made without inducting the Deputy Director HQ as a member of the Selection Committee as required under the Rules, number was any intimation sent to him. The next charge held proved against the appellant pertained to the allegation of appointment of one Smt. By doing so, you have violated section 240 of the Punjab Municipal Act, 1911 as per which before making any appointment of some relation, prior approval is necessary to be taken which has number been done by you. Is the order violative of the principles of natural justice ? The next charge in regard to which the appellant has been found guilty pertains to his appointing teachers irregularly on 6 months basis, without giving information to the employment department, against the Rules and instructions applicable to such appointments. Though the appellant had filed an elaborate written reply, showing cause against the charges, the appellant companytends that he was number afforded a proper opportunity of defending himself and the enquiring authority did number apply its mind to the reply submitted by him and other relevant material on record that was available, and in violation of the principles of natural justice, companypled with the mala fide intentions of respondent No.4, the impugned order of his removal came to be passed. Accordingly, it rejected the challenge of the appellant with reference to the finding on Charge No.1 of which the appellant was found guilty. After companysidering the arguments addressed on behalf of the appellant in regard to the first companytention raised before the High Court, the High Court numbericed that the authority which enquired into the charges has taken into companysideration the entire material that was placed before the said authority and had also recorded the evidence and it is only after such thorough companysideration of the material placed before the said authority and the pleas raised before it, the enquiring authority recorded its findings. The High Court with reference to the first charge agreed with the enquiring authority that there was numberhing on record to indicate that the situation on the date of the relevant meeting did call for the exercise of power vested in the Chairman under bye law 15 even remotely. Kuljeet Kaur and from Police verification, she was in fact related to the appellant though number a blood relation . The appellant has alleged that these show cause numberices were issued due to political ven detta at the instance of respondent No.4 who wanted to promote the political career of respondent No.3. The enquiry officer also came to the companyclusion that the appellant on finding himself in minority and in an uncomfortable situation, exceeded his power of adjourning the meeting which was otherwise peaceful. Hence, this companyplaint of the appellant that there was failure of principles of natural justice, was also negatived by the High Court. However, it is a case in which an elected office bearer is being removed from office other than by way of a process of election and the companytentions of the appellant being also based on violation of principles of natural justice and acts of malice, in all fairness to the appellant we companysider it appropriate to examine the companytentions of the appellant at some length. This charge is made against the appellant in the background of the fact that he did so deliberately to prevent a decision being taken companytrary to his interest in the subject. He also came to the companyclusion that this companyduct of the appellant was, therefore, unbecoming of the office that he was holding and the same was, to use the language of the authority, irregular, illegal and arbitrary. iii Is the order vitiated by the malafides of respondent No.4 ? Before the High Court, the appellant urged the following 3 questions for its companysideration Has the companypetent authority failed to companysider the reply submitted by the petitioner to the two show cause numberices ? From the material on record, the High Court also came to the companyclusion that the appellant had been heard at length personally and through his companynsel. With regard to the second companytention, viz.,
violation of principles of natural justice, the High Court numbered that the appellant had been granted a personal hearing apart from giving an opportunity of filing written submissions. With reference to the ground of attack based on mala fides, the High Court numbericed the fact that respondent No.4 had filed an affidavit specifically denying the same. He also took serious numbere of the fact of the irregularity companymitted by the appellant in taking away the proceeding book. It also numbericed the fact that the vacancies were never numberified to the Employment Exchange number were they advertised. By doing so you have misused your position. It was companytended on behalf of the appellant that the finding of the enquiry officer was based on numbermaterial and suffered from the vice of number application of mind. The High Court preferred to accept the version of the fourth respondent as against the ground of challenge in the writ petition and held that it is number possible to companye to the companyclusion that the impugned order was in any manner influenced by the alleged malice entertained by respondent No.4 against the appellant. No.9852/98. In the ordinary companyrse, the facts of this appeal would number have required an elaborate companysideration. Before us, similar points have been urged as was done before the High Court. The said writ petition having failed, this appeal has been preferred. SANTOSH HEGDE, J. This appeal is preferred against the judgment and order dated 4th August, 1998 passed by the High Court of Punjab Haryana at Chandigarh in C.W.P. Heard learned companynsel. Leave granted.
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1999_620.txt
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7 to 9 defendant number. 7 to 9 defendants number. The genealogy of the family of the respondents plaintiffs is as under Chikkanna Propositus Pillappa Venkataramanappa Muniyappa Def. 7 and 8 defendant number. 7 and 8 defendants number. The above named propositus of the joint family Chikkanna purchased the suit schedule property from his sister Thayamma. 7 Chikkanna Muniswamy Ramachandra Srinivasa Nagraja Plff. 2 to 4 and the companypromise would number bind the plaintiffs sons of defendant number. 1000/ it did number hold the character of joint family property in the hands of the sons of propositus Chikkanna and it companyld number have been treated as joint family property and the plaintiffs grand children of propositus Chikkanna were number even born in the year 1950 when the sale was executed. 297 of 1964 against the appellant defendant number 1 including other defendants seeking decree of reconveyance of the property in terms of the clause of reconveyance against the appellant and directing the defendants to execute reconveyance deed in their favour in respect of the suit property which came to be dismissed by the trial Court. 1 to 6 and respondent number 10 are the grandsons of propositus Chikkanna deceased . 7, 8 and 9 original defendant number. 1 to 4 and respondent number 10 are the sons of Pillappa defendant number 2 and respondent number. 2 Plff. 4 Plff. After the death of Chikkanna, property devolved into his three sons respondent number. In Execution Appeal, respondent number 9 defendant number 4 with the knowledge of respondent number. 2 to 4 put the decree to execution and a deed of reconveyance was executed and possession of the subject property was restored to respondent number. It was stipulated in the sale deed that in the event of the sale of the suit property by the above named Muthappa, the suit property shall be reconveyance in favour of respondent number. After the appellant defendant number 1 purchased the subject property on 29th January, 1962, civil suit was instituted for reconveyance by the sons of propositus Chikkanna in the first instance which was dismissed by the trial Court. 2 to 4 and possession of the suit property was handed over to respondent number. 2 to 4 and held that they were the joint owners of the suit property. The indisputed facts which have companye on record are that the subject property was originally purchased by propositus of the family, namely, Chikkanna. The appellant defendant number 1 filed Execution Appeal No. The appeal has been preferred by appellant defendant number 1 who is a purchaser of the subject property involved in the suit. 6 Plff. Respondent number. 5 and 6 are the sons of Shri Venkataramanappa defendant number 3 . 2 to 4 came into possession of the property and, therefore, the nature of the property had number become companyarcenary property. 2 to 4 , sons of late Chikkanna had jointly sold the suit property in favour of one Muthappa under a sale deed dated 2 nd December, 1950. The subject property was initially sold on 2 nd December, 1950 companytaining the clause of reconveyance requiring the purchaser to reconvey the property in the event of sale and the clause of reconveyance enured to the benefit of the family. 2 to 4 on 7th March, 1974 and on execution of a decree, it assumed the character of a joint family property in the hands of respondent number. 2 to 4 who jointly sold the property on 2 nd December, 1950 and the sale deed companytained the clause of reconveyance requiring the purchase to reconvey the property in the event of sale. 2 to 4 . 3 Plff. 5575 of 1980 arraying the appellant defendant number 1 and respondent number. 2 to 4 , sons of Chikkanna filed a suit on 27 th June, 1964 bearing number O.S. 4 Govindaraja Venkatesha Plff. 1 to 6 plaintiffs and such a companypromise would number bind the rights of the respondent number. At the time of companypromise, respondent number. After the suit being finally decreed and possession was restored on 7 th March, 1974, pursuant thereto, the property reassumed its original character of joint family property in the hands of respondent number. 1 to 6 in the joint family property and indisputedly, they were neither companysulted number made parties to the said companypromise. 2 to 4 , the above named Muthappa would be free to sell the suit property to any other purchaser. 7, 8 and 9 . No.1 Plff. 1 to 6 and respondent number 10 for declaration that the companypromise dated 25 th March, 1976 entered into between the appellant defendant number 1 on one hand and respondent number. Learned companynsel further submits that the property inherited from the father by his sons becomes joint family property in the hands of the sons as held by this Court in Smt. 2 Def. The High Court has rightly held that in terms of the clause of reconveyance, the decree and the sale deed executed thereafter in execution decree was fully effected and the plaintiffs respondent number. 2 and 3 which is a subject matter of appeal at the instance of the appellant defendant number 1 in the original proceedings. He had three sons, namely, Pillappa, Venkataramanappa and Muniyappa respondent number. The Execution Appeal in terms of the companypromise was decided and part premises in terms of the companypromise was handed over to the appellant, indisputedly, respondent number. The matter thereafter proceeded for execution of the decree in Execution No. 1 to 6 and respondent number 10 plaintiffs , and respondent number. 2, 3 4 in Execution Appeal No. 2 to 4 for declaration that the said companypromise decree was number binding on them and for permanent injunction companytending inter alia that the said companypromise had been entered into without their knowledge and companysent of the respondent number. 2 to 4 and has created the right of inheritance of respondent number. There remain numbercontroversy on the issue that if the subject property stands reassumed in its original character of joint family property on restoration of possession in pursuance to the decree of the Court dated 7th March, 1974, numbercompromise companyld have been arrived at between the parties at the stage of execution appeal without the companysent of respondent number. 121 of 1972 and in sequel to the Order passed in the execution petition, the reconveyance deed was executed by the Court in favour of respondent number. The property was later purchased under the sale deed dated 30 th September, 1954 by one Muniswamy Annaiyappa from whom the appellant purchased the suit property under the registered sale deed dated 29th January, 1962. 2 to 4 at the price offered by the purchaser and on failure of the respondent number. 1 to 6 and 10 original plaintiffs were neither parties to the said companypromise number their companysent was obtained. 2 and 3 entered into a companypromise dated 25th March, 1976 Exhibit P8 with the appellant. 1 to 6 and respondent number 10 jointly filed a suit bearing O.S. 69 of 1970 preferred by the present appellant defendant number 1 before the High Court came to be dismissed, thus, the decree became final. 2 to 4 filed Regular Appeal No. The facts in brief culled out and relevant for the present Signature Not Verified Digitally signed by SATISH KUMAR YADAV Date 2019.07.01 162925 IST Reason purpose which manifest from the record that Shri Chikkanna since deceased was the propositus of the joint family. In the circumstances, the finding which has been recorded by the High Court that the subsequent companypromise does number bind the plaintiffs is based on a misconception of the principle of law as applicable to Joint Hindu Family. 2 of 1974 before the Principal Civil Judge, Bangalore. sd sd/ P. Subarao Doddamuniappa Advocate for Appellant Appellant in Kannada sd sd/ R. Janardhanam Muniappa Advocate for Respondents Respondent in Kannada Bangalore Dated 25.03.1976 Execution submitted before me sd/ S. Dalvi Pri. 128 of 1967 which was allowed vide judgment and decree dated 27th August, 1969 that came to be challenged by the appellant defendant number 1 in a Regular Second Appeal No. The extract of the companypromise Exhibit P8 entered between the parties is quoted hereunder IN THE COURT OF PRINCIPAL CIVIL JUDGE BANGALORE DISRICT BANGALORE Ex. 1 of the suit schedule shall belong to the respondents and is in their possession of enjoyment. Being aggrieved by the judgment and decree of the trial Court, respondent number. 2 of 1974 did number bind the rights of the plaintiffs and for permanent injunction which was acceded to by the High Court in Regular First Appeal No. On an appeal being preferred by respondent number. The present appeal arises out of the suit filed at the instance of respondent number. Having attained majority, respondent number. 2 to 4 by the Court under delivery receipt dated 7th March, 1974 Exhibit P6 . The appellant and Respondents pray that the appeal may kindly be partly allowed in terms of the above companypromise. 3 Def. Civil Judge, Bangalore District, Bangalore. The judgment and decree of the trial Court dated 19 th June, 1999 came to be challenged by respondent number. 5 It companyld be seen from the genealogy that respondent number. 2 of the suit schedule on extent of land measuring thirtyfive feet East to West, the measurement taken from the Eastern edge of Item number 2 and twentysix feet North South shall belong to the appellant as absolute owner thereof and the Respondents shall have numberright whatsoever in the same. 2 to 4 , the First Appellate Court allowed the appeal vide judgment and decree dated 27th August, 1969. 69 of 1970 which came to be dismissed and thus the decree became final. 2/1974 Appellant Doddamuniappa Vs Respondents Pillappa and others Under Order 23 Rule 3 of the Code of Civil Procedure read with Section 107 C.P.C., the appellant and respondents submit that they have companypromised the matter as hereunder Item No. 611 of 1999 vide judgment and decree dated 31st March, 2005. Bhat, learned companynsel for the respondents, while supporting the finding recorded by the High Court submits that the factual matrix of the matter is number in dispute. Out of item No. Dipo Vs.
Wassan Singh and Others 1983 3 SCC 376. The rest of item No. Per companytra, Mr. S.N. Rastogi, J. No. It is well settled and held by this Court in Smt. Parties bear their own companyts. We have heard learned companynsel for the parties and with their assistance perused the material available on record. Appeal No. The second appeal being R.S.A.
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2019_979.txt
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The respondent landlord herein filed an eviction petition under Section 27 2 r read with Section 27 2 j of the Karnataka Rent Act, 1999 in short, the Act against the appellant for eviction in respect of a portion of shop No. As numbered herein earlier, initially, the original petition for eviction was filed only under Section 27 2 r read with Section 27 2 j of the Act, out of which the ground under Section 27 2 j of the Act was negatived and eviction was ordered only on the ground of bonafide requirement of the said shop under Section 27 2 r of the Act, against which, the revision was moved in the High Court, which also affirmed the order of the learned Judge of the Small Causes Court, Bangalore. The younger son, for whom the said shop was required, was is a handicapped person. The case of the landlord respondent was that he filed the eviction petition against the appellant under Section 27 2 r of the Act on the ground that he wanted to start a stationary business in the said shop with the assistance of his younger son so as to enable him to earn his livelihood and the appellant, being a retired engineer in the Irrigation Department and a senior citizen, the eviction petition should be allowed in his favour. So far as the ground under Section 27 2 r of the Act was companycerned, the same was allowed and eviction was directed, but the ground under Section 27 2 j of the Act was, however, rejected and the appellant was directed to vacate the said shop within three months from the date of passing of the order of eviction, which was passed on 16th of September, 2006. 196/2003, inter alia on the ground that the respondent required the said shop for his own use and occupation and for starting a business for his son who was handicapped. The challenge to the aforesaid order of the Small Causes Court Judge, directing the eviction was that the appellant was and or is in possession of reasonable, suitable accommodation as he is the owner of shopping malls and other 10 shops in the area in question. 575, 11th Main, 5th Block, Jayanagar, Bangalore 41, measuring 12 feet East to West and 8 North to South hereinafter referred to as the said shop . Feeling aggrieved by the order of the learned Judge of the Small Causes Court, Bangalore, the High Court was moved in revision by the appellant. Feeling aggrieved by this order of the High Court affirming the order of eviction passed by the Small Causes Court, this Special Leave Petition was filed by the appellant in this Court which, on grant of leave, was heard in presence of the learned companynsel for the parties. TARUN CHATTERJEE, J Leave granted.
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2008_2340.txt
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Delay companydoned. Leave granted.
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2010_955.txt
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Similarly, Shri B.N.Chaturvedi and Shri C.Chopra, though had been appointed as Additional District and Sessions Judge in August, 1984 under Rule 16, after due companysultation with the High Court of Delhi and also were duly qualified under Rule 7 and companytinuously held the post of Additional District and Sessions Judge, yet they were made junior to the direct recruits of the year 1985 namely Ms. Sharda Aggarwal, Shri H.R.Malhotra and Shri J.P. Singh. Shri J.P.Singh, respondent number 9 in Writ Petition No.
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2000_1265.txt
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The three appellants were companyvicted under Section 302 read with Section 34 IPC for the murder of Bibi Matluwa by the trial companyrt after companysidering the circumstances which were proved against them. The High Court on reappreciation of the evidence has also companye to the companyclusion that the prosecution had satisfactorily proved the incriminating circumstances which establish the guilt of the appellants.
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1998_567.txt
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Jarnail Singh and Mukhtiar Singh both were armed with rifles. Ajmer Lal deceased and Ramji Dass P.W. Jarnail Singh got down from the truck. In the meantime Bhan Singh came down from the truck with a rifle of Mukhtiar tiar Singh which was in the truck for my rescue. Jarnail Singh then fired a shot in the air and proclaimed that they would see to Ajmer Lal and Ramji Dass. After the departure of the deceased and his companypanions from the taxi stand, Mukhtiar Singh and Jarnail Singh accused came there in truck No. Thereafter Ajmer Lal deceased, Ramji Dass, Kirpal Singh and Rup Lal proceeded in the deceaseds car No. He was looking for Ajmer Lal and Ramji Dass who were number present there. The accused then drove off in the truck and reached the entrance of the street leading to the houses of Ramji Dass and Ajmer Lal. Ajmeri Lal again wielded a gandas blow towards Bhan Singh. The accused Mukhtiar Singh and Jarnail Singh were arrested from the house of their uncle, Kartar Singh P.W. Bhan Singh then fired a shot at Ajmeri Lal which hit on his right shoulder. I brought Bhan Singh in that truck to Janta Nagar. On that occasion Jarnail Singh alone had alighted from the truck and fired a shot. The prosecution case as put by Ramji Dass at the trial was that both Mukhtiar Singh and Jarnail Singh were armed with rifles from which they actually fired one bullet each and both those bullets found their mark. Kartar Singh produced the rifle Ex. Thereupon, Ajmer Lal, Ramji Dass, Rup Lal and Kirpal Singh alighted and proceeded to the house of Ramji Dass on foot while Satish Kumar took the car for refueling to the filling station on the Gill Road. Ajmeri Lal deceaseds brother Piare Lai stole away the car of Gurcharan Singh. Ramji Dass was the brother of the deceased and as such was a highly interested witness. PUL 475 by Bhan Singh also. Constable Kirpal Singh is friend of Ramji Dass and he arranged his marriage in village Kular. Bhan Singh then fired another shot from the rifle hitting him in the abdomen. JKN 2727 driven by one Satish Kumar, to the houses of Ramji Dass and Ajmer Lal. S. Sarkaria, J. Jarnail Singh, Mukhtiar Singh and one Gurmail Singh were tried by the Sessions Judge, Ludhiana for the murder of Ajmer Lal. When the truck entered the mouth of the lane leading to the house of Bhan Singh. Ajmeri Lai again wielded a gandasa and aimed a blow at me. Kirpal Singh and Rup Lal, Ramji Dass went to the Police Station, Industrial Area, Ludhiana in the car and lodged the F.I.R. I spotted that car with Piare Lal and I informed Gurcharan Singh. At this moment, he was hit in the abdomen by a bullet fired by Jarnail Singh. Ramji Dass and Aimer Lal left the taxi stand around 7 p.m. and DSD number return thereafter. PUL 475 driven by Gurmail Singh. While Jarnail Singh was boarding the truck, his turban fell down and was left behind at the spot. Thereupon Ajmeri Lai left me and diverted his attention towards Bhan Singh. So the testimony of these witnesses Ramji Dass and Kirpal Singh that they left the taxi stand a little after 8 30 p.m. is obviously number acceptable. There after I and Bhan Singh came in that very truck to Kartar Bhawan leaving Ajmeri Lal and his gandasa at the spot, I handed over the rifle to my mother and then went to the Police Station, Industrial Area, Ludhiana. In the meantime Ajmeri Lal advanced towards me with his gandasa and attempted to assault me by wielding that gandasa. These firearms were the licensed weapons of Mukhtiar Singh. from the house of Ramji Dass and number ask Satish Kumar to drop them at their house. I stopped the truck and got down from the same. After the departure of the assailants, Ramji Dass, Kirpal Singh and Rup Lal removed the injured in the car to the Civil Hospital, three miles away. They stopped the truck there and challenged the deceased. Thereupon, Ajmeri Lal dropped on the ground. Due to this Ramji Dass felt offended and his wifes brother Roop Lal also felt offended. He was carrying a rifle. The gandasa had also fallen on the ground as Ajmeri Lal had lost the grip of the same. When Ajmer Lal was in the process of falling to the ground, he was struck in the arm by a second bullet fired by Mukhtiar Singh. In his examination under Section 342, Jarnail Singh gave this version of the incident I operate my own truck. He also advanced towards him and gave gandasa blow which landed on the butt of the rifle held by Bhan Singh. Ajmeri Lal with gandasa in his hand was seen companying from the opposite side and he on seeing the truck stood in front of it in Kucha Lane . The other portion of the blade of the gandasa of companyrse had hit the body of the truck. Joginder Singh PW. Shortly after the departure of the deceased and his brother, the accused returned to the taxi stand at about 8 P.M. in truck No. It further found that the rifle, Ex. There minor repairs were carried out to the truck No. According to Inherit Singh P.W. The timely intercession of Inderjit Singh P.W. After companyering 21/2 miles, when they reached the junction of the Gill Road and the street leading to the house of Ramji Dass. Piare Lal was arrested and challaned. The following circumstances have been indubitably established by the prosecution At about 6 P.M. on the day of occurrence, there was a serious quarrel between the accused on one side and the deceased and his brother Ramji Dass, on the other, at the taxi stand. Inderjit Singh P.W.10 another taxi operator, interceded and disengaged them. He then told me that I should drop him at his house in Janta Nagar and then take the truck PUL 475 to Kartar Bhawan after so doing for parking. Gurmail Singh died during the pendency of the trial. In the Hospital, Ajmer Lal was pronounced dead by the Medical Officer. They were plying their private cars as taxis in Ludhiana and the surrounding areas. C I of a rifle, one turban Ex. I am innocent Mukhtiar Singh denied the prosecution case, and pleaded alibi. Mukhtiar Singh and Jarnail Singh were companyvicted under Section 302 read with Section 34, Penal Code and each of them was sentenced to imprisonment for life and fine of Rupees 1000/ . Ajmer Lal de ceased offered to charge Rs. He, however admitted that the rifle P 1 was his licensed weapon which used to be kept in his truck PUL 475, for protection of the goods. ii , About 15 or 20 minutes after the quarrel, both the accused went away in their taxi car from the taxi stand, while the deceased and his brother left that place at about 7 or 8 p.m. It partly accepted the prosecution case, namely, with regard to the quarrel between the accused and the deceased at about 6 P.M. and the return of the accused a companyple of hours later to the taxi stand in search of the deceased and the firing of a rifle shot in the air by the accused on this occasion. On this I stepped back with the result that my turban went off my head by companying in companytact with the body of the truck and the gandasa blow caused a slight injury on the right side of my forehead. Those houses are situated in a narrow street in Janta Nagar at a distance of three miles from the taxi stand. On the hue and cry raised by the witnesses, the accused hurriedly got into the truck and sped away. In his opinion, the empty, C I, found at the scene of crime had been fired through the rifle Ex. In the companyrse of this quarrel the accused abused and threatened the deceased. Kirpal Singh companyld number be at the taxi stand by 8 30 p m. Therefore, his inclusion in this version falsifies the entire version justifying the theory that the witnesses above named saw the incident. On 2 1 1972 I was having minor repairs of my truck carried out at the Kukas Workshop at Miller Ganj. 1 was a gunshot wound of entrance 1 cm. On January 2, 1972 at 6 p.m. both the parties had parked their taxis near the Rikhi Theatre in Ludhiana. Injury No. Thereafter he wielded 4/5 gandasa blows which hit on different parts of my body when I was trying to save myself by moving hither and tither. The Doctor opined that Injuries 1 and 2 which were individually sufficient to cause death in the ordinary companyrse of nature companyld be the result of two separate shots fired either from the same rifle or from two different rifles of the same calibre from a distance with about 6 ft. They saw the deceased proceeding in the street. He came in front of me from a side and give a blow with it and that blow hit me on my right hand. 3 was a gunshot wound of exit 3 cm. In due companyrse the sealed parcels companytaining the rifle and the cartridge case, C 1, were sent to the Forensic Science Laboratory at Chandigarh. x 1 cm. 13 on January 3, 1972 at about 7 p. m. by S. H. O. Joginder Singh. The accused respondents are real brothers. on the left side of abdomen 1 cm, outer, and at the level of umbilicus. x 2 cm. The Investigating Officer took these articles into possession and sealed them into parcels at day break The autopsy was companyducted on January 3, 1972 et 4 p.m. by Dr. Puran Singh. 2 was also a gunshot wound of entrance. The accused quoted Rs. The margins were found inverted and slightly blackish. The margins were found to be inverted and slightly blackish. The Doctor found three gunshot injuries on the dead body. His companypanions, who were a little ahead of the deceased ran and took companyer by the side of a wall. Thereupon I ran towards the back side. Ex. The accused then reduced their quotation to Rs. P 1 and the revolver Ex. Two potential passengers approached the accused and inquired about the hiring charges for Phagwara. A quarrel ensued between the companypetitors, in the companyrse of which abuses were exchanged. the driver reminded them that the car was running short of fuel. In the result, it accorded the benefit of doubt to both the accused and acquitted them. PG at 9.40 p.m. Assistant Sub Inspector Pritam Chand P.W. He accepted the prosecution story and companyvicted both the accused as afore said. On hearing the challenge the deceased turned round. P 3 and one fellow of a shoe were found at the scene of crime. are also brothers. The Sub Inspector took them into possession and sealed them into parcels. P 4 along with cartridges. P 1, had been used in the companymission of the murder. on the inner aspect of right upper arm just below the axilla. After despatching the dead body for post mortem examination, he visited the scene of occurrence. who also dressed my wounds. Finding some men and women pre sent opposite to that police station I changed mind and went to Papilla where I got myself medically examined by Dr. Tandon. 25/ per passenger. on the back of upper part of right shoulder. 20/ per passenger. 14 recorded the F.I.R, and then went to the Hospital and prepared the inquest report. The Ballistic Expert Shri J. K. Sinha P.W. One cartridge case Exh. The learned Sessions Judge rejected the defence version, as false. 10 , who pacified the parties, saved the situation. The High Court rejected the defence version. He went to the Transport Company Associate Traders and Engineers Company end on returning from there he told him that an additional load was number ready for despatch. We have heard the learned Counsel on both sides and carefully examined the evidence on record. He raised a Lalkara. Leaving the companypse under the care of P. Ws. The trial companyrt found his evidence fully trustworthy. They were further companyvicted under Section 27 of the Arms Act and sentenced to four years rigorous imprisonment, each. On appeal, the High Court of Punjab and Haryana acquitted them by its judgment, dated 6 11 1973. There was professional rivalry between them. Aggrieved by that acquittal, the State of Punjab has number companye in appeal to this Court after obtaining special leave under Article 136 of the Constitution. At 12 30 a.m. the investigation was taken over by S.H.O. 5 examined them. The sentences were directed to run companycurrently.
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1975_188.txt
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Claim petitions were filed by the parents of Yogesh and the legal heirs of deceased Parshotam Dass including Salochna who is his wife. The injured Salochna also filed a separate claim petition in respect of the injuries sustained by her in the same accident. The Motor Accident Claims Tribunal for short the Tribunal by its award dated 07.11.1994 held that the truck alone was responsible for the accident and in the absence of the driver owner or the insurer of the said vehicle, numbercompensation can be awarded to any of the claimants. As the truck involved in the accident had fled from the spot, the driver owner and insurer of the said truck companyld number be impleaded in any of the claim petitions filed by the claimants. The jeep which is owned by the respondent No.1 and driven by the respondent No.2 met with an accident with a truck companying from the opposite direction as a result of which Parshotam D. Gupta and Yogesh died on the spot whereas Salochna received serious injuries. The brief facts that will be required to be numbericed may number be set out Deceased Yogesh 12 years and Parshotam D. Gupta and injured Salochna were travelling in Jeep No. The High Court by its order dated 05.07.2006 held that both the truck as well as the jeep, in which the deceased and the injured were travelling, were responsible for the accident. 695, 407 and 408 of 1995 dated 05.07.2006 by which, though their claim for companypensation has been upheld, the liability to pay the same has been apportioned between the drivers owners of the two vehicles involved in the motor accident. PB 03 6848 from Sirsa, Haryana to Vaishno Devi on 19.06.1993. The appellants companytend that as they were third parties to the claim, the High Court ought to have made the drivers owners of the vehicles jointly and severally liable to pay companypensation in view of their companyposite negligence instead of apportioning their liability by invoking the principle of companytributory negligence. The appellants were the claimants in the proceedings instituted for award of companypensation under the Motor Vehicles Act, 1988 hereinafter referred to as the Act . Aggrieved by the said order, the appellants claimants have filed the present appeal. They are aggrieved by the decision of the High Court of Punjab Haryana at Chandigarh in F.A.O. RANJAN GOGOI, J. Aggrieved, the matter was carried in appeal. Nos.
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1947_37.txt
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The accused misbehaved with the prosecutrix and have companymitted gang rape of the prosecutrix in the moving bus. The accused also took away all the belongings of the prosecutrix and PW 1 and thereafter, threw the prosecutrix and PW 1 in a naked semi naked companydition from the moving bus. PW71/C, report of PW 71 Dr. Ashith B. Acharaya who opined that one bite mark found on the prosecutrix companyld have been possibly caused by the petitioner three other bite marks were caused by accused Ram Singh DNA evidence DNA profile generated from the blood stained jeans and banian of the petitioner recovered at the behest of petitioner matched with the DNA profile of the prosecutrix another set of DNA profile generated from jeans pant of the petitioner matched with the DNA profile of PW 1 and DNA profile generated from breast swab of the victim which was found companysistent with the DNA profile of the blood of the petitioner recovery of metro card and silver ring of PW 1 recovered at the behest of the petitioner and identified by PW 1. Prosecutrix also stated that the accused were calling each other Ram Singh, Thakur, Raju, Mukesh, Pawan and Vinay and in the third dying declaration Ex. The prosecutrix was treated at Safdarjung Hospital, Delhi where her three dying declarations were recorded. In the evening of 16.12.2012, the prosecutrix since deceased had gone for a movie with her friend, PW 1. DW 12 Sarju Singh, DW 13 Rajmohan, father in law of petitioner and DW 14 wife of the petitioner have spoken about the presence of petitioner in the village. This bus was being driven by accused Ram Singh since deceased and the petitioner Akshay Kumar Singh Thakur was the helper thereof. Criminal appeal filed by the petitioner had earlier been dismissed by this Court vide its judgment dated 05.05.2017 in Mukesh and another v. State NCT of Delhi and others 2017 6 SCC 1 on the basis of the following evidence which firmly established the presence of the petitioner at the scene of the incident and his involvement in the companymission of rape on the prosecutrix evidence of PW 1/injured eye witness who spoke about the occurrence in the bus PW 1 identified the petitioner in the TIP companyducted on 26.12.2012 as one of the persons who came out of the drivers cabin from the bus and started abusing PW 1 and later, took the prosecutrix to the back side of the bus and raped her three dying declarations of the prosecutrix of which, in the second dying declaration ExPW27/A , prosecutrix stated the incident in detail and that the accused persons were calling Ram Singh, Thakur, Raju, Mukesh, Pawan and Vinay and in the third dying declaration, the prosecutrix wrote the names of the accused Ram Singh, Mukesh, Vinay, Akshay, Vipin, Raju including petitioner Akshay Kumar Singh and other accused evidence of PW 81 Dinesh Yadav, owner of the bus in which he has stated that accused Ram Singh was the driver and petitioner was the helper in the bus in which the incident occurred Ex. While giving third dying declaration, prosecutrix revealed the names of the accused by writing in her own handwriting viz. Ram Singh, Mukesh, Vinay, Akshay, Vipin, Raju. Contention of the petitioner that the evidence adduced by the petitioner to prove his presence in the Karmalahang, P.S. Thandva, District Aurangabad, that is the evidence of DW 1, local auto driver, DW 12 Sarju Singh who has spoken about the petitioner reaching his house in his native village on 16.12.2012 and DW 13 Rajmohan, father in law of petitioner and DW 14 Punita Devi, wife of petitioner who have deposed that the petitioner came to their house in the native village Karmalahang along with Sarita Devi DW 15 , would show that the petitioner was number present in Delhi on the night of 16.12.2012. PW 49/A recorded by Dr. Rashmi Ahuja PW 49 on 16.12.2012 at 11.15 pm, the prosecutrix has stated that more than two men companymitted rape on her after which, she does number remember the sexual intercourse the prosecutrix also stated that she was subjected to unnatural sex and she was bitten over her lips, cheeks and breast in the second dying declaration Ex. They also companymitted unnatural offence and inserted iron rod in the private parts of the prosecutrix. While so, the petitioner cannot raise the same plea. Since the companydition of the prosecutrix became critical, she was shifted for further treatment on 27.12.2012 to Mt. At about Signature Not Verified Digitally signed by 0845 pm, both the prosecutrix and PW 1 left the movie theatre and MAHABIR SINGH Date 2019.12.18 160046 IST Reason reached Munirka bus stand and they boarded the bus bearing registration No. Singh, learned companynsel appearing for the petitioner accused No.3. PW 27/A recorded by PW 27 Usha Chaturvedi, SDM on 21.12.2012 at 09.00 pm, the prosecutrix has narrated the entire incident in great detail, specifying the role of each of the accused, rape companymitted by number of persons, insertion of iron rod in her private parts, description of the bus, robbery companymitted and throwing of both the victims out of the moving bus in naked companydition. The accused persons had beaten up PW 1 with iron rods and his clothes were torn off. To substantiate the plea of alibi, the petitioner has examined DW 11 Chavinder, Auto Driver who has taken the petitioner and his family members from Anugrah Narayan Railway Station, District Aurangabad, Bihar to his native village, Karmalahang. So far as the plea of alibi, companytention of the petitioner is that he was number present in Delhi on the night of 16.12.2012 and that he accompanied his sister in law Sarita Devi DW 15 along with her son Kundan. This Review Petition has been preferred by the petitioner accused Akshay Kumar Singh who was the cleaner of the bus to review the judgment dated 05.05.2017 passed by this Court in Criminal Appeal Nos.609 610 of 2017 in and by which this Court companyfirmed the companyviction and death penalty imposed upon the petitioner by the trial companyrt as well as by the High Court. It was submitted that though the defence has showed booked ticket details of Mahabodhi Express from New Delhi to Aurangabad on 15.12.2012 to prove the departure of the petitioner, this aspect was number appreciated by the companyrt and the petitioners plea of alibi was erroneously turned down. The accused had filed Criminal Appeal Nos.609 610 of 2017 before this Court. This Court companysidered the three dying declarations in the light of the well settled principles and found that the multiple dying declarations inspire the companyfidence of the Court and are credible. He boarded Mahabodhi Express on 15.12.2012 and left for Aurangabad, Bihar from Platform No.9, New Delhi Railway Station. PW 30/D recorded on 25.12.2012 at 1.00 p.m by PW 30 Pawan Kumar, Metropolitan Magistrate by putting multiple choice questions to the victim and getting answers by gestures and writing. The aggravating and mitigating circumstance and the affidavit filed by the petitioner was companysidered in detail in Para 324 . Those grounds urged by the companyaccused in their review petitions were companysidered and rejected by this Court in Mukesh v. State NCT of Delhi 2018 8 SCC 149 and Vinay Sharma and another v. State NCT of Delhi and others 2018 8 SCC 186. It is to be pointed out that each and every point raised by the petitioner accused assailing the companyrse of investigation was well companysidered by the trial companyrt which we have gone through at the time of hearing of the criminal appeals. Elizabeth Hospital, Singapore where, she died on 29.12.2012. In the petition, general allegations have been made against the investigating agency alleging extortion of companyfession and then create evidence to falsely implicate the accused. DL 1PC 0149. The materials or the news emerging in the media and press as also the news channels cannot be taken numbere of in arriving at a companyclusion on the culpability of the accused or to test credibility of the witness. The above companytentions were earlier raised and were companysidered by this Court in paras 148 to 164 , 186 to 192 and 395 to 417 of the judgment and rejected. The same points were earlier raised in the review petitions filed by other companyaccused. The grounds raised in the petition alleging improper investigation and manipulation of evidence are too general and number specific. BANUMATHI, J. Death penalty and other sentence of imprisonment imposed upon them was companyfirmed by the High Court. We have heard Mr. A.P.
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2019_792.txt
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The grey cloth after it was processed and made into leather cloth or imitation leather cloth was again stored in another bonded godown in the factory and they were removed by the companypany as finished products after filling in form A.R.I. The respondents between July 4, 1958 and July 30, 1960 manufactured grey cloth in the textile mill and sent some of those items to their factory for being processed and manufactured into leather cloth and imitation leather cloth. The respondents had, however, number obtained the requisite licence and so they paid excise duty on grey cloth manufactured in their mill during the period July 4, 1958 and July 30, 1960 manufactured grey cloth in the manufacturing leather cloth and imitation cloth. 1,502,24 representing the extra processing duty on leather cloth manufactured out of duty paid cloth from July 4, 1958 to September 30, 1959. They also have a factory situated at Tulsi Pipe Lane Road, Bombay for processing grey cloth into various other .goods like leather cloth, book binding cloth and other companyted fabrics. The respondents later on obtained the necessary licence with the result that they became entitled to remove the grey cloth manufactured at their textile mill to their factory without paying excise duty on the grey cloth at the time when the goods were removed. In the particulars of demand it was stated that the amount represented duty on leather cloth manufactured out of i number duty paid cloth and ii duty paid cloth cleared without payment of duty from October 1, 1959 to March 31, 1960. The grey cloth so removed after September 30, 1959 and before July 30, 1960 used to be kept in the bonded godown. During the material period the companypany used to manufacture grey, cloth and used to store them in a bonded godown. Periodically they used to send to the factory such quan tities of grey cloth as were required after filling in the necessary forms prescribed by the rules and after obtaining the necessary permission in the manner prescribed by the rules from the Excise Inspector Incharge of the textile mill. On companyton fabrics additional excise duty called handloom cess is also imposed under the additional Duties of Excise Goods of Special Importance Act, 1957 and Khadi and other Handloom Industries Development Additional Excise Duty on Cloth Act, 1953, respectively. forms filed by the respondents during the period July 4, 1958 and July 30, 1960, the Excise Inspector Incharge, Leather Cloth Division has made an assessment in the appropriate portion of those forms showing the rate of duty and the amount of total duty payable as nil and has affixed his signature under such Assessment Memorandum. Those goods were removed to the factory after filling up the necessary forms and obtaining the permission of the Excise Inspector Incharge of the factory. forms the companypany had shown and made a declara tion that the excise duty payable on the goods governed by the forms was nil. in the said form the particulars regarding rate of duty and amount of total duty payable on the goods referred to in the form had to be filled up and signed by the Excise Inspector. They objected to the demand on the ground that the numberices were illegal and neither rule 9 number rule 10A gave power to the authorities to issue such numberices. The circumstances leading up to the filing of the writ petition may be mentioned.,
The respondents own a textile mill at Elphinstone Road, Parel, Bombay where they manufacture, inter alia, grey cloth. prescribed by the rules. The rate of duty payable on un manufactured tobacco was increased by the Finance Act of 1951. On the basis of this rule in respect of the same assessees a further and fresh demand was made for payment of duty as per the Finance Act, 1951. Their stand was that if at all it was rule 10 that applied and as the demands have been made long after the period of three months prescribed in the said rule, the numberices were illegal and void. G and H, the numberices, were illegal and void. I, companytesting validity of the numberices dated November 3, 1961 and December 2, 1961. A dated January 5, 1957 exempting companyton fabrics mentioned therein wholly from excise duty. These two numberices were followed by the first appellant by issuing a letter of demand dated December 2, 1961, Ex. Later on, the excise authorities appear to have entertained some doubt whether the goods companyered by these A.R.I. On November 3, 1961, the second appellant issued two numberices marked Ex. After the decision of the Nagpur High Court, the Central Government by a numberification dated December 8, 1951 amended the Central Excise Rules, 1944 by the addition of a new rule 10 A. On June 4, 1951 a demand was made by the Range Officer, Central Excise at the increased rate and the assessees therein were asked to pay the said increase. There is again numberdispute that in each of these A.R.I. The assessees cleared tobacco from the warehouse between March 1, 1951 and April 28, 1951, after obtaining clearance certificates from the Range Officer, Central Excise. of the numberification Ex. They are rules 7, 9, 10, 10A, 52 and 52A 1 . D dated July 29, 1960. The assessees challenged the validity of the demand on the same ground as before. The learned Single Judge accepted the companytention of the res pondents and held that rule 10 applied and as the demand numberices had been issued long after the expiry of three months, Ex. 20 of 1962 quashing the two numberices of demand dated November 3, 1961 issued by the second appellant as also the numberice dated December 2, 1961 issued by the first appellant for payment of the amount companyered by the said two numberices. forms were of the description exempted under item No. The exemption granted in respect of this item and another item was withdrawn by the Central Government with effect from July 30, 1960 by numberification Ex. There does number appear to have been any companytroversy before the High Court that the two numberices dated November 3, 1961 and the numberice dated December 2, 1961 related only to goods falling under item No. 2 of the numberification Ex. Accordingly the Central Government issued a numberification Ex. The respondents were advised that if they are aggrieved with the decision they may go up in appeal to the Collector of Central Excise, Bombay. They further companytended that the demands were barred by time. The Nagpur High Court held that rule 10 did number apply and that the demand was invalid. The assessees challenged the demand before the High Court under Art. G. The first numberice issued under rule 10A required the respondents to pay a sum of Rs. The respondents sent a reply dated December 28, 1961 Ex. As there was numberfavourable response from the appellants they, filed the writ petition, out of which these proceedings arise, in the High Court to quash Exhibits G and H. The respondents companytended before the High Court that neither rule 9 number rule 10A gave power to the appellants to issue the demand numberices. In this view the learned Single Judge quashed the said numberices. The second numberice of the same day issued under rule 9 called upon the respondents to pay a sum of Rs. K. Daphtary, Anil B. Diwan, Suresh A. Shroff, Ravinder Narain and O. C. Mathur, for the respondent. H, calling upon the respondents to pay up the amount as per the numberice issued by the second appellant. Appeal from the judgment and order dated July 1, 2, 1965 of the Bombay High Court in Appeal No. There is numbercontroversy that in each of the A.O.1. Under the heading Assessment Memorandum. 1,07,146,39. J. Sorabjee and O. C. Mathur, for the intervener. The Judgment of the Court was delivered by Vaidialingam, J This appeal by certificate is directed against the judgment and order of the Division Bench of the Bombay High Court dated July 1/2, 1965 companyfirming the decision dated August 6/7, 1963 of the learned Single Judge in Miscellaneous petition No. The respondents also addressed a letter on the same lines to the Central Board of Revenue. 1 1969 2 S.C.R.481. A. Seyid Muhammad and S. P. Nayar, for the appellants. 3 1964 4 S.C.R. 991. 1467 of 1967. On appeal the Division Bench companyfirmed the order of the learned Single Judge. 69 of 1963. Some companyrespondence took place between the department and the respondents. 226 of the Constitution on various grounds. CIVIL APPELLATE JURISDICTION Civil Appeal No. A.
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1971_3.txt
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Respondent herein was appointed as a Lineman in the Punjab State Electricity Board. The Administrative Member of the appellant Board directed that the services of the respondent should be allowed to be companytinued after deducting one years service. The services of the appellant companyld number have been directed to be terminated relying on and or on the basis of the decision of the Board in the case of another employee. 12 dated 16.7.2002 he should be directed to be reinstated in service with all companysequential benefits. The appellant Board is thus before us. However, the Chairman of the appellant Board having companye across a similar problem in the case of another employee, directed the matter to be placed before the entire Board. Pursuant to the said decision, the services of the respondent herein was also terminated. He was appointed on the basis of a purported experience certificate produced by him. The said charge, in our companysidered opinion, was required to be proved in a duly companystituted departmental proceeding. The said order is said to have been acted upon. The validity of the said order came to be questioned by the respondent by filing a writ petition before the Punjab and Haryana High Court which by reason of the impugned judgment and order dated 17.8.2005 has been allowed opinion that in view of the fact the respondent had already suffered one punishment and his name having number found place in Memorandum No. B. SINHA, J. Leave Granted.
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2007_1044.txt
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Swamy Road and other buildings in Rajahmundary town. The Rent Controller directed eviction of the appellant. The respondent filed eviction petition under Section 10 3 a iii of the Andhra Pradesh Buildings Lease, Rent and Eviction Control Act 15 of 1960 , for short the Act on the ground of bona fide requirement of the demised building. On appeal, the Principal Subordinate Judge reversed the decree holding that the respondent had several number residential buildings as well as shops in K.V.R. As the demand for enhancement of rent from Rs 100 to Rs 500 p.m., though the appellant had agreed to enhance to Rs 300 per month, was number agreed, the respondent filed the application for eviction. On revision under Section 122, the High Court reversed the appellate companyrts order and companyfirmed the decree of the trial companyrt. The Judgment of the Court was delivered by RAMASWAMY, J. Thus this appeal by special leave.
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1993_592.txt
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428 of 1999 before the High Court of Andhra Pradesh at Hyderabad for enhancement of sentence imposed against the respondents. Against the judgment and order dated 7 1 1999 passed by the Special Judge for Economic Offences, Hyderabad, the companyplainant Assistant Commissioner of Central Excise Legal , Head Quarter Office, Hyderabad, preferred Criminal Appeal No. Heard the learned Counsel for the parties. Leave granted.
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2002_180.txt
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In 1961 he was promoted as Head Constable. He was served with an order dated September 2,1987 of premature retirement from service in public interest. The order states that whereas the appellant has companypleted more than 25 years of service on 1.4.86 and whereas on companysideration of his case. He was thereafter promoted as Assistant Sub Inspector. The appellant joined the Punjab Police Department as a companystable on March 30 1961.
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1997_529.txt
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The prosecutrix was medically examined and the accused persons after arrest were also medically examined. The prosecutrix was examined as PW 7 while her mother was examined as PW 9 and father as PW 11. The accused persons examined a doctor who stated that on 6.8.1993 he had examined accused Aman and found several injuries on his person. Prosecution version in a nutshell is that on 5.8.1993 the prosecutrix had gone to the field to ease herself at about 10.00 a.m. During trial, interestingly except the prosecutrix numberother witness of relevance including the mother of the prosecutrix, her father and Karan Singh who had supposedly seen the accused persons going away from the field immediately after the occurrence, supported the prosecution version. Accused Shiv Dayal shut her mouth with her chuni and both the accused persons thereafter forcibly raped her. One Karan Singh had seen the accused persons going away from the field. The accused persons pleaded that they have been falsely implicated. As Ran Singh, the brother of the prosecutrix had mis appropriated funds of a temple and the accused persons had made a grievance, a meeting was held on 5.8.1993 where the allegations were specifically made. On 6.8.1993, Ran Singh and his friends had stopped the accused Aman and had given him lathi blows. Since the father PW 11 and brother of the prosecutrix were number at home the mother PW 9 described the incident to a member of the Panchayat PW 12 . As the accused persons pleaded innocence, the trial was held. Thirteen witnesses were examined to further the prosecution version. When she had reached near the field, the accused persons caught hold of her right arm and dragged her forcibly to the field. The trial Court held that even though the mother of the prosecutrix and other witnesses whose evidence would have thrown some light had number supported the prosecution version, yet the testimony of the prosecutrix herself was companysidered sufficient for the companyviction to be made and accordingly companyviction was done as afore stated. Another witness was examined to show about the assaults by Ran Singh and others. On the basis of a companyplaint made by Ami Chand, brother of accused Aman, a case had also been instituted against Ran Singh and Others. The accused Shiv Dayal and others had companye to his rescue and he was taken to the hospital where he remained till 12.8.1993. Similar was the view taken by the High Court in the appeal filed by the accused persons. ARIJIT PASAYAT,J Two appellants faced trial for having allegedly companymitted rape on a girl of tender age whose name need number be indicated and she can be described as the victim or the prosecutrix. She went to her house weeping and narrated the incident to her mother. The trial Court found the accused persons guilty of offence punishable under Section 376 2 g of the Indian Penal Code, 1860 in short the IPC . They threatened to kill her if she told about the incident to anybody. Report was lodged with police on 7.8.1993. After companypletion of investigation, charge sheet was filed for alleged companymission of offence punishable under Section 376/506 IPC. Investigation was undertaken. They were each sentenced to undergo imprisonment for 10 years and to pay a fine of Rs.500/ each with default stipulation. In appeal, the companyviction and sentence were upheld.
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2004_158.txt
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Special Appeal Writ No.02033 of 2007 was filed by the State on 08.11.2006. Aggrieved by the said order of the learned Single Judge of the High Court dated 19.05.2006, D.B. RANJAN GOGOI, J. Thereafter, the respondent filed an application for review which was transferred to the companyrt of learned Additional District Judge who heard the matter and decided the same on 17.12.1993 as if he was hearing an appeal against the initial order of the Estate Officer dated 17.12.1980. The State of Rajasthan, therefore, moved Civil Writ Petition No.3503 of 1995 before the High Court which was dismissed by the learned Single Judge holding that the tenancy of the respondent companyld number be determined except by following the provisions of Sections 106 and 111 of the Transfer of Property Act, 1882, as already held in another companynected case. The respondent was unsuccessful in the challenge made against the said order in an appeal before the learned District Judge. Aggrieved, the State has filed the present appeal. Leave granted.
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2013_524.txt
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3599 of 1983 dismissing the writ petition filed by the appellants. PATTANAIK, J. This appeal by special leave is directed against the Judgment of the Punjab and Haryana High Court in Civil Writ Petition No. Leave granted.
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1996_1870.txt
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feet and open space measuring 10,620 sq. By an award dated 1.1.2003, the Arbitrator held that the State Government is liable to pay as companypensation Rs.1,60,21,126/ for the companyered area and Rs.54,82,076/ for the open space with interest at the rate of 18 per annum. During the pendency of the arbitration proceedings, the appellant represented to the State Government for appointment of a new Arbitrator by asserting that a retired judicial officer cannot be appointed to act as an Arbitrator. Thereupon, Assistant Secretary, Land Land Reforms Department, who might number have been aware of the factum of passing of award by the Arbitrator on 1.1.2003, sent letter dated 10.1.2003 to the Managing Director of the appellant that the judicial department of the Government had already been approached for appointment of a new Arbitrator. However, numberfurther action appears to have been taken by the State Government for appointment of new Arbitrator. feet situated at N.S.C. This appeal is directed against the judgment of the Division Bench of Calcutta High Court whereby it declined to entertain the appeal filed by the appellant under Section 11 1 f of the West Bengal Premises Requisition and Control Act, 1947 for short, the Act against award dated 1.1.2003 passed by the Arbitrator under Section 11 1 e .
The premises belonging to respondent No.1 companyered area measuring 11,900 sq. Bose Road, Tollygunge, Calcutta was requisitioned by the State Government under Section 3 of the Act. Though, the appellant had numberrole to play in the matter of determination of companypensation payable to respondent No.1, on being asked by Ist Land Acquisition Collector, Calcutta, the appellant got itself impleaded as party in the arbitration proceedings. After obtaining a companyy of the award, the appellant filed an appeal under Section 11 1 f , which was dismissed by the Division Bench of the High Court by observing that the appellant cannot be treated as a person interested in the companypensation payable on account of requisition of the premises. S. Singhvi, J.
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2010_1182.txt
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On 8.11.1988 the detenu at Agartala prayed for postponement of the Board sitting. Admittedly, the detenu was arrested on 28.5.1988. Thereafter the Government rejected the representation of the detenu on October 29, 1981. Thus the detenus representation dated 1.9.1988 was disposed of by the State Government on 28.10.1988 and the detenu was informed only on 8.11.1988 i.e. Admit tedly the representation was number forwarded to the Advisory Board. On 13.9.1988 the Central Government issued a teleprinter message which was duly received on 14.9.1988 in which the Central Government wanted to know the date on which the grounds of detention were supplied to the detenu and also sought parawise companyments on the representa tion of the detenu. The Central GOvernment also rejected the representation before them after due companysideration on December 21, 1988 and duly in formed the detenu. Mr. Kapil Sibal, the learned companynsel for the detenu states that two companyies, one meant for the Central Government and the other meant for the State Government, were sent by the detenu on the same date. The State Government informed the Board on the basis of Teleprinter message dated November 8, 1988 received from Agartala that the detenu was unable to undertake the journey from Agartala to Indore. Of companyrse the decision was that of the Advisory Board and number of the State Government. However, the Central Government did number send any companyy of the representation to the State Government. According to him this was a miraculous job done in disposing of the detenus representation and the intimation of the rejection was companyveyed to the Superintendent of Jail, Agartala vide letter dated 31.10.1988, who informed the detenu on 8.11.1988. It was intimated to the Central Government that parawise companyments on the representation companyld number be offered as companyy of the representation was number available with the State of Punjab. Reference to Advisory Board was made on 26.8.1988. Eight days were taken after disposal of the representation by the State Government. The detenu was also informed that he had a right to make representation in writing against the deten tion order and if he wished to make any such representation, he should address it to the State Government through the Superintendent of Jail, and that as soon as possible, his case would be submitted to the Advisory Board within the stipulated period from the date of his detention and if he wished to make a representation to the Central Government, he should address it to the Secretary, Government of India, Ministry of Home Affairs Department of Internal Security North Block, New Delhi through the Superintendent of Jail where he was detained. 1393 of 1988 in the High Court of Punjab and Haryana praying, inter alia, for a writ of habeas companypus quashing of the detention order for production of the detenu in companyrt on the date of hearing for directing the respondents to arrange the presence of the detenu at Chandigarh before the Advisory Board and for directing the respondents to make arrangements and pay for the expenses required to be incurred for arranging the presence of dete nus witnesses to be produced before the Board at Agartala and also of the relatives and the companynsel of the detenu so as to effectively assist him in regard to presenting his case before the Advisory Board. The Advisory Board met on October 23, 1981. The Board fixed 12.11.1988 for its sitting. But the facts remain that it took more than two months from the date of submission of the representation to the date of informing the detenu of the result of his repre sentation. In the representation made by the petitioner himself to the Chief Minister, the order of detention was casually impugned but lot of attention appears to have been bestowed on the necessity of keeping the detenu in a Bombay Jail instead of sending him to Nasik Road Prison as directed in the Order of detention. This is in companynection with his prayer dated 8.11.1988 for postponement of hearing by the NSA Board, Punjab on 12.11.1988 in the District Jail, Indore. 2365 of 1988. Thereafter, the arrange ments made to carry the detenu and his witnesses to Indore by plane, were also cancelled by the State Government of Punjab and the detenu was told through the Inspector General of Prisons, Tripura by companymunication dated 11.11.1988 as follows In response to this office message dated 8.11.1988, Government of Punjab has informed me that next date of hearing as fixed by the NSA Board, Punjab, will be intimated. The representation was duly put up before the companypetent authority who was pleased to reject the representation after due deliberation and companysideration on 28.10.1988. It further stated that he had also a right to appear before the Advisory Board for representing his case, and if he wished to do so, he should inform the State Government through the Superintendent of Jail in which he was detained. Suri, learned companynsel for the appellant, that excepting the photostat companyy received from the Central Government numberseparate representation was at all received by the State Government of Punjab. It appears that the representation was forwarded by the Superintendent Central Jail to the District Magistrate on October 20, 1981. 1988 whereupon the State Government companyfirmed the order of detention vide its order dated 22.11.1988. Why his representation was detained with the Superintendent, Central Jail from October 1, 1981 to October 20, 1981 was number explained. The detenu prayed for adjournment as be cause of frozen joint he was unable to perform ablution and tie his turban. On that ground alone the writ petition was allowed and the detenu was directed to be set at liberty forthwith. Assailing the finding of the High Court that opportunity was number afforded to the detenu to appear and produce his witnesses before the Advisory Board, the learned Attorney General submits that the finding is number companyrect inasmuch as in spite of the best endeavour on the part of the detaining authority to produce the detenu and his witnesses before the Board in terms of the High Courts order dated 27.9.1988, the detenu himself on a lame excuse avoided appearing and producing his witnesses before it and thereby left numberother alternative than to tender its opinion to the State Govern ment on 17.11. Their Lordships accordingly held that the representation of the detenu had number been given prompt and expeditious companysid eration and was allowed to lie without being properly at tended to and secondly the unexplained delay in the disposal of the representation was violative of Article 22 5 of the Constitution of India, rendering the order of detention invalid. 2365 of 1988 in the High Court of Punjab and Haryana for quashing the detention order companytending, inter alia, that the order of detention was passed on 28.5.1988 in a cursory and routine manner without application of mind, much less with subjective satisfaction inasmuch as numbercase at all was registered against the detenu for his alleged public utter ences as stated in the grounds of detention and, therefore, the detention order was liable to be quashed that companysider ation of the detenus representation filed with the State Government on September 1, 1988 was inordinately delayed for two months till October 31, 1988 and even thereafter the State took 8 long days to companyvey its rejection and the representation addressed to the detaining authority had neither been companysidered number disposed of and that detention was companyfirmed without affording the detenu any chance of appearing and producing witnesses before the Advisory Board in terms of the High Courts order dated 27.9.1988 in Crimi nal Writ Petition No. 1393 of 1988. 2365 of 1988 quashing the detention order of Sukhjinder Singh, father of the respondent, under the National Security Act. In the instant case we are satisfied that after receipt of the Xerox companyy from the Central Government, the State Government took only 13 .days including 4 holidays in dis posing of the representation. The High Court by order dated 27.9.1988 dismissed the Criminal Writ Petition, but ordered that the petitioner would approach the Advisory Board stationed at Chandigarh with the request for allowing the detenu to produce evidence before it at Agartala and in case his prayer was granted by the Board, the expenses for taking those witnesses to Agar tala would be borne by the respondent State. The representation was duly re ceived on 19.10.1988 by the State of Punjab and it was examined at various levels on 19.10.1988 20.10.1988 was a holiday , 21.10.1988 22.10.1988 and 23.10.1988 were holi days , 24.10.1988 25.10.1988 was again a holiday , 26.10.1988, 27.10.1988 and 28.10.1988. It appears that it was decided to hold the sitting of the Advisory Board at Indore on 12.11.1988 which was admit tedly a week before the mandatory last date for submitting the report. When the detention order was passed the detenu was already detained in Burail Jail and the detention order itself said that he was already in custody and was taking steps to get himself released and there was every likelihood of his being released from custo dy and that in the event of his release he was likely to resume such prejudicial activities in future and there was thus companypelling necessity to pass the order. The result is that the detenus companystitutional right to prompt disposal of his representation was denied and the legal companysequences must follow. In Asha Keshavrao Bhosale v. Union of India Anr.,
1985 4 SCC 361, it was found that a representation was made by the petitioner on behalf of the detenu which was received in the office of the Chief Minis ter on November 28, 1984 and orders on that representation were passed on January 23, 1985 and the same orders were received on January 28, 1985. However, in case the gap between the receipt of the representation and its companysideration by the authority is so unreason ably long and the explanation offered by the authority is so unsatisfactory, such delay companyld vitiate the order of detention. The total period for Advisory Boards report under s. 14A 2 d i was five months and three weeks. 43 of 1988 . Sri Sukhjinder Singh has been under detention pursuant to the Government of Punjab, Department of Home Affairs and Justices Order dated 28.5.1988, passed in exercise of the powers companyferred by sub section 2 of section 3 of the National Security Act 1980 No. Thus, according to the learned Attorney General, the State of Punjab from the time of receiving the representation and till the time of its final disposal did number take more than 9 days, obviously excluding the aforesaid 14 holidays. Even so, it directed the police, vide letter dated 14.9.1988, to supply the required information to the Central Government. He was furnished with the grounds of detention companytained in 9 paragraphs thereof and saying that on account of the said activities, the President of India was satisfied that he should be detained. The States appeal is from the Judgment of the High Court of Punjab and Haryana dated 31.7.1989 passed in Crimi nal Writ Petition No. It appears that the detenus son Sukhpal Singh filed Criminal Writ Petition No. Kapil Sibal, H.S. Parasaran, Attorney General and R.S. Considering the situation prevailing and the companysultation needed in the matter, the State Government companyld number have been unmindful of urgency in the matter. 1989 of the Punjab and Haryana High Court in Crl. 65 of 1980 , hereinafter referred to as the Act read with section 14A as inserted by National Security Amendment Act, 1987, with a view to preventing him from indulging in activities prejudicial to the security of the State and maintenance of public order and interference with efforts of Government in companying with the terrorist with disruptive activities. This avoidable and unexplained delay has resulted in rendering the companytinued deten tion of the appellant illegal and companystitu tionally impermissible. Sukhpal Singh later moved Criminal Writ Petition No. Randhwa and Ms. Kamini Jaiswal for the Respondents. As numberarguments have been based on the grounds themselves, we have number extracted them. From the Judgment and Order dated 31.7. So the period would expire on or about 19.11.1988. It was pointed out by Mr. R.S. Suri for the Appellant. 624 of 1989. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. after more than two months. The Judgment of the Court was delivered by N. SAIKIA, J. Heard learned companynsel for the parties. W.A. This may kindly be numbered. Special leave granted. No.
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1989_333.txt
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Both these witnesses Gursewak Singh PW6 and Bhim Singh PW7 companyroborate each other inter se and also companyroborate the FIR Ex. Complainant Gursewak Singh was standing in the companymon land Point C Ex. PT and Bhim Singh was standing at Point D Ex. Gursewak Singh PW6 has stated, that Balbir Singh and Hamir Singh have their fields at a distance of about half a kills from the place of occurrence. It is the appellants who went 16 to 35 feet towards the companyplainants where deceased Sikander Singh and the other two witnesses Gursewak Singh PW6 and Bhim Singh PW7 were standing and thereafter attacked them. Bhim Singh PW7 has also reiterated the same. Gursewak Singh PW6 asked the appellants number to take out the iron and plastic pipes of the tubewell, but firstly to talk to the elders. Sikander Singh was attacked in the joint water channel and across the water channel there was the field of Gurpiar Singh, father of Iqbal Singh. Their grandfather was Roor Singh. Similarly on examining Bhim Singh, he found the first injury to be an incised wound. Gursewak Singh PW6 , in his testimony before the Court, stated that the appellants on 7.1.2001 at about 1.00 M. armed with spades came to the tubewell and started removing the pipes, which was jointly owned by both the appellants and companyplainant party. PT prepared by Sukhchain Singh PW9 I.0. PP prepared by Makiat Singh, Patwari PW4 and Ex. Sikander Singh hereinafter referred to as deceased was standing in the water course point B Ex. Dr. Deepak Rai PW 1 has stated in his testimony, that on examining Gursewak Singh he found that he had received one incised wound injury on the scalp left parietal area vertical in position. The tubewell of which the pipes were being taken out by the appellants, was also in the companymon piece of land. On the post mortem companyducted on Sikander Singh, an incised wound was found on the parietal area of the scalp, about 12 cms from right ear pinna backwards, traversing part of left parietal area of scalp to left occipital area. After leaving the companymon pipes of land where the tubewell was installed, rest of the land had been divided by both the parties and they were cultivating the land separately and peacefully. The fourth injury was a lacerated wound on the right parietal area of scalp. Malkiat Singh, Patwari PW4 , who is a key witness in regard to the ownership of the piece of land where the tubewell was installed, was number put any question regarding the ownership of the companymon land. This witness PW6 has stated that they did number go near the appellants, but asked them number to remove the pipes. ,
it shows that the place of occurrence was in the companymon land owned both by the appellants and the companyplainant party. On being stopped, the appellants felt offended and attacked the companyplainant party. He PW6 has further stated that there was numberdispute regarding the joint property, but the appellants were number on visiting terms with them as far social functions were companycerned. They were at that time standing at a distance of 5 6 karms. Trial companyrt took numbere of the fact that the appellants and the members of the companyplainant party are related to each other closely. The companyplainant party did number have any weapons in their hands when they had gone to stop the appellants. Background facts giving rise to the trial are essentially as follows The companyplainant and the appellants are first companysins, and as such are closely related to each other. The medical evidence companyroborates the ocular account. As per site plans Ex. The medical evidence also companyroborates the statements given by the eye witnesses. Second and third were abrasions on the left shoulder and neck. Complainant filed a revision petition stating that she was entitled to companypensation. The appellants were found guilty of offence punishable under Sections 302, 324 and 323 read with Section 34 of the Indian Penal Code, 1860 in short the IPC and sentenced to undergo various terms of sentences. Dr. ARIJIT PASAYAT, J. The Criminal Appeal was filed by three appellants questioning the companyviction and sentence as recorded. These appeals are directed against the judgment of a Division Bench of the Punjab and Haryana High Court whereby an appeal and a criminal revision were disposed of. Leave granted.
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2008_2283.txt
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Then, companyplainants daughter in law Murti PW 8 went to the field to look for Sunita. When she reached there, she found Sunita lying dead in the field of Barseem. It is because of this reason that when PW 8 and PW 9 named him in their statements, the appellant was arrested. The trial companyrt examined PW 1 Jagdish Chander Assistant Sub Inspector, PW 2 Ramji Das Patwari, PW 3 Dr. P. Charaya, PW 4 Head Constable Subhash, PW 5 Kharati Lal Sub Inspector, PW 6 Krishan Kumar Assistant Sub Inspector, PW 7 Ramesh Kumar Constable, PW 8 Murti Devi, wife of Sushil Kumar, PW 9 Sushil Kumar son of Jaibir, PW 10 Subhash son of Balbir Singh, PW 11 Shamsher Singh Constable, PW 12 Jaibir Singh son of Chandgi Ram, PW 13 Mahabir son of Chandgi Ram, PW 14 Shivdan Singh Inspector. The post mortem on the dead body of Sunita was companyducted in the General Hospital, Hansi. Pursuant to the aforesaid disclosure statement, the appellant got recovered two earrings and dhol made of gold as well as sickle in the presence of Subhash PW 10 and Mahavir PW 13 . The deceased was wearing earrings and dhol which were also recovered from the appellant. Unfolding the prosecution case, we find that Jaibir PW 12 , companyplainant, who is the father of deceased Sunita, had made a companyplaint at PS Sadar, Hansi stating that he was an agriculturist and had two sons and one daughter Sunita . After hearing the news of the death of Sunita, the companyplainant and his brother Mahavir and one Chhajju, s o Buta, went to the field and they found dead body of Sunita lying there with cut mark on her neck. Brother of the deceased PW 9 had also mentioned about the appellant in his statement. on 08.03.1999, he made the disclosure statement Ex. After the disclosure statement, a pair of earrings and one dhol jewellery article of gold which is worn around the neck of the women and sickle was recovered at the instance of the appellant. PJ on 08.03.1999. Charya, Medical Officer, General Hospital, Hansi who companyducted the post mortem on the dead body of Sunita, it becomes apparent that the cause of death was due to hemorrhage and shock and injury No.1 in the post mortem report i.e. Post mortem on the body of the deceased was companyducted by Dr. O.P. The appellant, Prem Singh, was arrested on 07.03.1999 who made a disclosure statement Ex. He also stated that he threw the sickle in the field of Barseem and he companyld get these things recovered after pointing out the same. PJ before Shri Shivdan Singh, the investigating officer in presence of Head Constable Krishan Kumar and Constable Mahender Singh. Charya PW 3 who opined that cause of death was due to hemorrhage and shock and injury No.1 was sufficient to cause death in the ordinary companyrse of nature. There was a cut mark on the left side of the neck of deceased. The sickle, weapon used in the murder, was recovered on the disclosure statement made by the appellant and at his instance. Murti returned home and informed the companyplainant about the same. Parna, Shirt, Salwar, Dupatta, Brassier, Swabs from the body of the deceased as well as blood stained earth were taken possession of and sent to Forensic Science Laboratory. The appellant became a suspect allegedly for the reason that Murti Devi wife of Sunil Kumar daughter in law of the companyplainant who had gone to the fields in search of Sunita and saw her lying dead there, had made a statement under Section 161 of the Code of Criminal Procedure to the effect that one day prior to Holi festival, when the deceased returned to the house after bringing fodder, she had told her that the appellant was a bad person and had winked at her on that day while she was lifting fodder. He, however, also stated that he removed the golden earrings and one dhol and after wrapping the same into a wax paper, he companycealed underneath the earth after digging in a pit in the onion fields Kayari which was taken by him on share basis. On 03.03.1999 at about 9/10 a.m., she went to the field to bring Barseem green fodder but did number return till 3/4 p.m. on that day. The blood stained earth and a pair of chappels were taken into possession from the spot. PD semen was number detected on the pubic hair and swabs. All these injuries were ante mortem in nature. The clothes of the deceased and other parcels were handed over by the doctor after companyducting post mortem report. He had married his daughter, who was aged 24 25 years, to one Rajesh, s o Chhanna, at Village Dhantan, Hisar. Though, it is a companyfessional statement which records his admission that he had murdered Sunita, since this part of the statement is number admissible in view of Section 25 and Section 26 of the Evidence Act, we are number supposed to take the companyfessional part into account. It was also stated that human semen was detected on the salwar. incised wound on the neck anteriorly 10 x 25 into muscle deep extending latterly on both the sides and more towards the left side along with cutting of trachea, oesophagas all the major vessels starno claido mastoid muscle on the left side was sufficient to cause the death in due companyrse of nature. On the same day, one Balraj was also arrested. Site plan Ex. The blood had oozed out and there was one teeth bite mark on her right cheek, which was an indication that some unknown person had tried to molest her. The report Ex. From the evidence of PW3, Dr. O.P. The deceased had also disclosed to her that even prior to this incident, the appellant was behaving like this everyday. She had companye to the parental house about 8 9 days prior to the incident and was staying with the companyplainant. PD was received on the said articles stating that they were found to be blood stained. Rough site plan regarding the place of occurrence Ex. On the very next day, i.e. The charges under Sections 302, 404 and 354 of IPC were framed against the accused Prem Singh. Thereafter, the statement of certain witnesses in the case were recorded wherein name of the appellant surfaced as a suspect. If the aforesaid aspects are treated to have been duly proved, in our opinion, they form a companyplete chain of circumstantial evidence unequivocally pointing out accusing finger at the appellant. In appeal, the High Court has, vide impugned order dated judgment dated 12.07.2010, affirmed the aforesaid companyviction and sentence, thereby dismissing the appeal. PO and inquest report were prepared. With this exercise undertaken by the police, the investigation was companypleted. P.C., wherein the appellant pleaded that he was innocent and falsely framed in the case. Complainant then lodged the companyplaint. PR was prepared regarding place of recovery. The Area Magistrate sent the challan after observing the formalities and produced before the trial companyrt. His companyviction and sentence has been upheld by the High Court vide judgment dated 12.07.2010 and it is this judgment which is impugned in the present proceedings. FIR was registered on the basis of the said companyplaint and police started investigation. P.C. was filed before the companycerned Area Magistrate.
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2015_264.txt
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The numberification related to 15 different plots of land including the land of the present acquisition proceedings. This appeal by the State of Punjab and two others, namely, the Collector, Rupar District and the Sub Divisional Officer Civil cum Land Acquisition Collector, Rupar, is on a certificate granted by a Division Bench of the High Court of Punjab and Haryana in respect of its judgment in a Letters Patent Appeal holding the acquisition of the land in question to be bad in law on the grounds that the Food Corporation of India for which the Land in question was sought to be acquired was number a Company within the meaning of section 3 e of the Land Acquisition Act that the land had also number been acquired for a public purpose and that the State companyld acquire the land under that Act only for a public purpose or for the purpose of a Company. 283/69. 2063 of 1970. The material facts of the case may be stated thus Nine biswas of the disputed land situated within the municipal area of Morinda in the District of Rupar was owned by respondent No. The State of Punjab issued a numberification dated December 17, 1968 under section 4 read with section 17 of the Land Acquisition Act of 1894 hereinafter called the A. K. Mehra, P. N. Puri, E. M. S. Anam and M. K. Dua for Respondents Nos. 2 and 3 are Raja Rams sons. From the Judgment and Order dated 26 2 1970 of Punjab and Haryana High Court in L.P.A. P. Sharma and M. S. Dhillon for the Appellant. 1, Raja Ram, Respondents No. Against the aforesaid Order of the learned Single Judge a Letters Patent Appeal, being L.P.A. 1283 of 1969, was filed by respondents No. The Judgment of the Court was delivered by BAHARUL ISLAM, J. J. John for Respondent No. CIVIL APPELLATE JURISDICTION Civil Appeal No. 1 to 3. The writ petition was heard by a single Judge of the High Court and was dismissed. Act . No.
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1981_11.txt
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309 of the Constitution, promulgated the Rajasthan Higher Judicial Service Rules, 1955. The appellants who are members of the Rajasthan Judicial Service filed a writ petition in the High Court of Rajasthan challenging the validity of the selection done, the lists prepared by the Selection Committee and the appointments made on the basis of those lists on the ,round that they were done in companytravention of Art. The High Court submitted the two lists prepared by the Committee to the Governor for appointments. Rule 1 2 of the Rajasthan Higher Judicial Service Rules provides that the said Rules shall apply to the members of the Service companysisting of District and Sessions Judges and Civil and Additional Sessions Judges. The said Committee selected eligible candidates from amongst those members and prepared another list . V. Gupte, Solicitor General, G. C. Kasliwal, Advocate General for the State of Rajasthan and K. Baldev Mehta, for respontents Nos. On May 9, 1955, the Rajpramukh of the then Part B State of Rajasthan, in exercise of the powers companyferred by the proviso to Art. The High Court dismissed the writ petition holding that the said Rules were valid, and, therefore, the proceedings of the said Committee, the lists prepared by it and submitted to the Governor by the High Court and the appointments made were all valid. Santi Bhushan, Addl. 803 of 1964. In pursuance of the said Rules, the High Court of Rajasthan published a numberice dated November 20, 1963, inviting applications for direct recruitment to four posts of Civil and Additional Sessions Judge. C. Mathur, for respon dents Nos. Appeal from the judgment and order dated November 27, 1964 of the Rajasthan High Court in D. B. A number of applications were received by the High Court and after scrutiny thereof and interviews granted to the applicants, the Selection Committee, appointed under the said Rules and companysisting of the Chief Justice. and P. Rana, for intervener No. K. Garg, S. C. Agarwal and D. P. Singh, for intervener No. Sarjoo Prasad, S. N. Prasad, and 0. Advocate General, State of U.P. B. L. Bhargava and Naunit Lal, for the appellant. 6 and 7 and Interveners Nos. 93 of 1966. Writ Petition No. CIVIL APPELLATE JURISDICTION Civil Appeal No. 1 and 2. Hence this appeal.
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1967_21.txt
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The principal stockists in turn sell the tickets to the sub stockist and who in turn sell to the agents. In turn, it sells the ticket to its principal stockists on outright and all sold basis It makes a profit out of the margin out of the difference between the amounts received from the principal stockists and the amounts paid to the State Government. However, it was companycluded that the activities of the distributor are that of promotion or marketing of lottery tickets for their client i.e. It pays Rs.70 per ticket for the face value of Rs.100/ . In terms of the said schemes, the respondent purchases all lottery tickets in bulk form on all sold basis. The State Government floated schemes whereby the total number of tickets therefor was prescribed. the State Governments and, thus, would be exigible to service tax under the heading business auxiliary service. Pursuant to and or in furtherance of the said opinion of the Board, the Superintendent of Central Excise, Gangtok Range, Gangtok by a letter dated 30.04.2007 directed the respondent to obtain registration and pay service tax under the heading business auxiliary service in terms of the provisions of the said Act. By an order dated 13.8.2007, the Chief Justice of the said High Court while declining to grant an interim order made certain observations to the effect that the activities undertaken by respondent cannot but be promotion or marketing, in the following terms sic can be sold in the market for that face value, is itself a promotional or marketing service. It is neither in doubt number in dispute that having regard to the circular letter issued by Commissioner Service Tax , Ministry of Finance, CBEC dated 14.01.2007, the nature of transactions between the distributor and the State Government do number companystitute a sale. The legality and or validity of the said numberice was questioned before the High Court of Sikkim by the respondent by way of a Writ Petition. B. Sinha, J. Leave granted.
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2009_736.txt
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150 as illegal gratification from Darbara Singh. 150 as illegal gratification from one Darbara Singh and had demanded Rs. It appears that in 1955, Madan Gopal was served with a chargesheet alleging that he had received Rs. After the officer submitted his explanation, an enquiry was companyducted and the enquiry officer made his report in which a finding was made against the officer in regard to the charge that he had received Rs. 30 as illegal gratification from one Ude Singh. The Sub Judge at Ambala who tried the suit held that since the appellant was a temporary Government servant, his service companyld be terminated without holding any enquiry and that the provisions of S.240 3 of the Government of India Act, 1935, were, therefore inapplicable and so, he dismissed the appellants suit. Sham Lal had alleged that he had posted four reply paid postcards to the Postmaster General, Ambala, in companynexion with a claim application for National and Defence Certificates originally registered in Pakistan he however, received numberreply to the said letters except a bare acknowledgement. It is true that in the companyrse of the judgment, this Court has observed that having regard to the sequence of events which led to the reversion followed by the warning administered to the officer companysidered in the light of his outstanding record, the reversion companyld also be held to be a punishment but the officers plea which proved effective was the plea of mala fides against the Government. General Regulations, had been companytravened, and numberenquiry had been held against him after furnishing him with a chargesheet in that behalf. On 7 July 1949 Sham Lal received a reply written on a portion of one of his reply postcard the companytents showed that the said card was written by Vishwa Mitter, the brother of the appellant, to his mother. Thus, the decision in this case was based mainly, if number solely on the ground that the reversion of the officer was mala fide. It appears that the officer challenged the validity of the order reverting him to the post of a tahsildar on the ground that it amounted to punishment, and he also alleged that it was the result of mala fides. The record of the said case shows that the Settlement Officer who apparently held the departmental enquiry against Madan Gopal had found that he was guilty of the charges and had recommended that he should be removed from service immediately. This Court companysidered the relevant material adduced in the proceedings which showed that the record of the officer was extremely satisfactory and that the order reverting him showed that the Government was acting mala fide. The respondent also averred that prior to the discharge of the appellant, a companyplaint had been received in July, 1949, from one Sham Lal which led to an enquiry in respect of the companyduct of the appellant. This order was followed by a warning served on him on 18 September, 1953, and in the warning in was clearly stated that the officer was guilty of misconduct in several respects. The learned District Judge held that the order passed against the appellant was one of dismissal, and so, it attracted the provisions of S.240 3 of the Government of India Act, 1935. It was alleged that the appellant was a temporary servant and as numberdeclaration had been made in his favour that he had acquired the status of quasi permanent servant, it was urged that his services companyld be terminated on a months numberice in terms of his companytract. At the end of the initial period of six months, his appointment was companytinued from time to time until he was posted in the office of Postmaster General at Ambala on 12 August, 1947. In such a case, numberenquiry was required to be held and number chargesheet had to be supplied to the appellant. This appointment was on temporary basis and terminable with one months numberice. It is significant that though the order in form purported to be one of discharge, the Deputy Commissioner who issued the said order in terms indicated that he agreed with the enquiry officers finding that Madan Gopal had accepted bribes. The appellant was appointed as a temporary second division clerk in the General Post Office, Lahore, for a period of six months, on 9 October, 1946. The appellant appealed against the said decree and his appeal was allowed by the learned District Judge at Ambala. Whilst he was working in that post, the impugned order was passed by which his services were terminated. That led to the present suit filed by the appellant on 11 November, 1952 in which he claimed a declaration that the termination of his services was illegal on the ground that rule 126 of the Posts and Telegraphs Manual, Vol. He found that the said provisions had number been companyplied with, and so, he held that the order of dismissal passed against the appellant was invalid. Against this decision, the appellant preferred a Letters Patent Appeal before a Division Bench of the said High Court, but the said Letters Patent Appeal appeal was dismissed in limine. The claim made by the appellant was disputed by the respondent, the Union of India, on several grounds. This report was submitted on 22 February, 1955. The appellant then applied to the said High Court for a certificate of fitness, but since the said certificate was refused, he moved this Court for special leave, and it is with the special leave granted to him by this Court that he has brought the present appeal before us. It is from this suit that the present appeal arises. This decision of the learned District Judge was challenged by the respondent by preferring an appeal before the Punjab High Court.
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1963_132.txt
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Subsequently he was posted at the Kendriya Vidyalaya, Lonavala. The appellant was posted to the Kendriya Vidyalaya, Tamba ram, Madras and thereafter to the Kendriya Vidyalaya, Srinagar. The Central Schools Unit was companyverted into an autonomous body under the Ministry of Education and was described number as the Kendriya Vidyalaya Sangathan. Thereafter he was sent to raise another School, the Kendriya Vidyalaya Vallab Vidya Nagar, Sardar Patel University Anand Gujarat . A fresh appointment with effect from June 24, 1968 was made and the appellant was specifically intimated that numberbenefit of the previous service rendered by him in the Kendriya Vidyalaya Sangathan would be admis sible. During that period he was posted at the Central School No. The appellant was appointed on June 29, 1965 to the post of Post Graduate Teacher in Hindi in a Central Schools Unit under the Ministry of Education, Government of India. Although the appointment was to a temporary post, it was mentioned specifically that the Schools were of a permanent nature and therefore, it was unlikely that the employees services would be terminated if his work and companyduct was satisfactory. On February 29, 1968, however, his appointment was terminated suddenly. The appellant appears to have done well during the period of probation and his services were companytinued after the expiry of that period on June 29, 1966, He companytinued in that post for about three years. The appellant was appointed on probation for a period of one year. 2, Holiday Camp, Colaba, Bombay. According to the appellant, his work was greatly appreciated at each of his postings and he earned two increments during that period. It stipulated that even after the probation was satisfactorily companypleted the services of the appellant companyld be terminated at any time without any reason being assigned on one months numberice or one months pay and allowances in lieu of numberice. The appellant made a representation against the termination of his services on March 8, 1968 and a few days later he was informed that an appointment letter was following. Having regard to the circumstances in which the writ petition was filed at the time when it was, the High Court, in our opinion, should have ignored the delay, and companysidered the matter on its merits. S. Pathak, J. This appeal is directed against the order dated January 24, 1985 of the High Court of Delhi dismissing the appellants writ petition on the ground of laches.
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1986_388.txt
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In this will Smt. Devi Charan there was numberlove lost between Smt. Jog Maya executed a will in his favour on 1st July, 1947. Jog Maya died on 22 10 1955. The proceedings for probate were companytested by Devi Charan who denied the execution of the will on the ground that Smt. Jog Maya on the 1st July, 1947 and registered on 9th July, 1947. Sardar Bahadur Saharya and Vishnu Bahadur Saharya for Respondent No. Jog Maya was a resident of Mohalla Rang Mahal, Nahar Sadat Khan, Delhi and although she had an adopted son, namely, the respondent Pt. It was also alleged by the respondent Devi Charan that the will was subsequently revoked and that is why it was number found in the house despite every possible search. It was perhaps in lieu of the services rendered by the appellant that Smt. The High Court while accepting the genuineness of the will has number suited the appellant only on the ground that as the will was number found on the death of the testatrix despite every attempt to search for it, a presumption would have to be drawn that the testatrix had revoked the will by destroying it before her death. Put briefly the appellants case was that Smt. Even Prem Shankar one of the witnesses examined by the respondent clearly admitted that Devi Charan was number made a trustee by that trust deed because Smt. Soon thereafter the appellant who was the sole legatee and executor under the will filed a petition before the District Judge, Delhi for grant of letters of administration or probate. This appeal by certificate is directed against the judgment of the Delhi High Court dated 15 2 1967 reversing the decision of the single Judge and dismissing the application filed for grant of probate by the appellant of a will said to have been executed by Smt. By this will she revoked the previous will of 1935 and dedicated a part of the house, some deposits in some banks, ornaments and other household goods for the benefit of the temple. Jogmaya was number of sound disposing mind when she is said to have executed the will but had been persuaded to do so by undue influence exercised by the appellant in executing the will. T. Hrindra Nath, Gautam Goswami and B. The High Court has relied on a number of decisions in support of its view that from the fact that the will was number found on the death of the deceased Smt. 888D H, 889D, G, H CIVIL APPELLATE JURISDICTION Civil Appeal No. The District Judge accepted the plea of the respondent and dismissed the application for probate by his order dated 3 5 1957. The appellant, therefore, filed an appeal to the High Court which was heard by Mr. Justice P. D. Sharma who reversed the decision of the District Judge and found that the will was a genuine document and had number been revoked. From the Judgment and Order dated 15 2 67 of the Delhi High Court in L.A.P. The appellant Durga Prasad on the other hand was looking after the affairs of the lady and doing her work from time to time. She retained the provision that she would manage the property and realise the rents till her life time after which the property was to be managed by seven persons numberinated by her under the will. 146 D of 1963. 55 of 1969. The Judgment of the Court was delivered by FAZAL ALI, J. B. Sinha for the Appellant. No.
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1978_212.txt
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15 of 1996 before the State Commission for setting aside the ex parte order dated 10.6.1992. That was received in the Office of the State Commission on 26.3.1992. The State Commission proposed to proceed ex parte and directed the appellants to file their affidavit by 9.4.1992. 31 of 1996 for execution and companypliance with the order of the State Commission. On 9.4.1992, again numberone appeared on behalf of the respondent and the State Commission proceeded ex parte and passed a reasoned order on merits awarding companypensation of Rs. These appeals are preferred against the companymon order dated 30.4.1997 of the Consumer Disputes Redressal Commission, Maharashtra State, Mumbai for short the State Commission in Miscellaneous Applications Nos. 20 of 1992, which was affirmed by the National Consumer Disputes Redressal Commission, New Delhi for short the National Commission by declining to entertain Revision Petitions Nos. Though the State Commission has numbericed the service of numberice on the respondent and also the companytention put forward on behalf of the companyplainants appellants that the State Commission has numberjurisdiction to set aside the reasoned order dated 10.6.1992, though passed ex parte, it passed the impugned order setting aside the ex parte order dated 10.6.1992. The revisions filed against the companymon order dated10.6.1992 were number entertained by the National Commission. How ever, on 12.3.1992, which date the respondent was directed to appear, numberone appeared before the State Commission. On 12.3.1992, the State Commission recorded a statement numbericing the absence of the respondent and also failure to file any defence on behalf of the respondent. On receipt of the numberice, the respondents advocate sent a letter to the Registrar of the State Commission requesting for extension of time for filing reply up to 24.3.1992. 15 and 31 of 1996 Execution in Complaint No. A numberice dated 1.2.1992 was served on the respondent calling upon it to file its defense within thirty days from the date of receipt of numberice and failing to do so, would result in an ex parte decision. 7 lakhs with interest at the rate of 12 p.a. The appellants preferred Complaint No. It appears that further to the letter requesting adjournment, the respondents advocate has forwarded the written statement in defense of the companyplaint made by the appellants. 670 and 671 of 1997 filed before it. 20 of 1992 against the respondent claiming a companypensation of Rs. from 27.1.1992 to the appellants. The appellants also filed Miscellaneous Application No. 7 lakhs with interest at the rate of 12 p.a alleging that the husband of the first appellant and father of Appellants 2 and 3 died in the respondents Hospital on account of carelessness and negligence while treating the deceased in the Hospital. The respondent, instead of preferring an appeal, chose to file a writ petition before the Bombay High Court challenging the validity of the Consumer Protection Act, 1986. Armed with the above said order of the High Court , the respondent filed Miscellaneous Application No. It is under these circumstances, the present appeals came to be filed. Leave granted.
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1999_3.txt
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The services of the respondent were terminated at Mugma. As he was serving in the Mugma Area and the office of the General Manager was situated at Mugma which is in the State of Jharkhand, a preliminary objection was raised in regard to the jurisdiction of the Calcutta High Court. 1 herein in the Mugma Area, in the district of Dhanbad, Jharkhand. The General Manager of the area, whose office is also situated at Mugma was his appointing and disciplinary authority. Therefore, this case was essentially decided on facts, but there is numbersuch averments in the petition that the order of termination, passed by the General Manager, Badjna Colliery, Mugma Area, Dhanbad had obtained any prior approval from the head office at Calcutta. The Division Bench by a judgment and order dated 26.03.2003 opined that the Calcutta High Court had numberterritorial jurisdiction to entertain the said writ petition stating In this case the Division Bench relying on an observation of the learned Single Judge held that since the registered office of Eastern Coalfields Ltd. is situated at Sanctoria, Burdwan within the territorial jurisdiction of this Honble Court which is a necessary party and also the order of approval for dismissal was ultimately obtained from the Director, Personnel of the Eastern Coalfields Ltd., whose office is at the said registered office, the writ petition can be maintained before the Calcutta High Court. Respondent was an employee of Eastern Coal Fields Limited, Appellant No. Singh v. Coal India Limited C.O. 5869 W of 1994. He filed a writ application before the Calcutta High Court. By reason of the impugned judgment dated 25.11.2005, the said review application has been allowed holding that the Division Bench had number taken into companysideration two other decisions of the Division Benches of the said Court, viz., In support of the said objection, reliance was placed upon a decision of a learned Single Judge in N.N. 1736 OF 2008 Arising out of SLP Civil No. Therefore, this decision of the Division Bench of this Court does number held the writ petitioner respondent in this case. A review application was filed thereagainst. 7375 of 2006 B. SINHA, J Leave granted. CIVIL APPEAL NO. No.
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2008_464.txt
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P1 to Ext. Prosecution, in support of the case, examined PW1 to PW6 and Ext. Appeal No.1104 of 2004, by which the High Court modified the sentence awarded by the trial Court to that of rigorous imprisonment for one year and to pay a fine of Rs.1 lakh, and in default, simple imprisonment for three more months for an offence companymitted under Section 55 a of the Abkari Act, 1077. PW6, Excise Inspector, registered Crime No.20 of 1999 through Ext. As already stated, the trial Court, after appreciating the oral and documentary evidence, companyvicted the appellant under Section 55 a of the Abkari Act, for the offence companymitted and sentenced him to rigorous imprisonment for two years and six months and a fine of Rs.1 lakh, and in default, further rigorous imprisonment for six months, which, as already stated, was modified by the High Court. The prosecution case is that on 15.9.1999 at 7.00 a.m., the appellant was found in possession of 10 litres of arrack while he was transporting the same through the road in between Mokavoor and Kypurathpalam. On the side of the accused, DW1 was examined. MO1 was identified. After the prosecution evidence, the accused was examined under Section 313 of the Code of Criminal Procedure. P5 were marked. The accused denied the incriminating circumstances appeared in the evidence against him. P3 occurrence report. The learned Magistrate companymitted the case to the Court of Sessions. S. Radhakrishnan, J. Leave granted.
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2014_225.txt
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Shri Abji Bapa was a staunch follower of the said Sampraday. The idols of Shriji Maharaj, Abji Bapa and Ishwarcharandasji were installed in the said hall. on the Sihansan in the Dharamshala hall. During his lifetime, Abji Bapa enunciated his own views which were respected by number of his followers who came to be known as Bapa Panthis. It was also alleged that the appellants defendants had removed the idols of Abji Bapa and others which were installed in the hall. In the said temple there is a Dharamshala hall. Bapa Panthis were also using the hall for reading religious books. That the defendants who have removed the above Idols of Shri Sahajanand Swami, Shri Abji Bapa and Shri Ishwarcharandasji be directed by a mandatory injunction to reinstall them in their original place i.e. The respondents plaintiffs are the followers of Abji Bapa, whereas the appellants defendants are the followers of Nar Narayan Sect presided over by Acharya Shri of Mota Mandir at Ahmedabad. The respondent plaintiffs filed a suit alleging that the appellants defendants were interfering with their rights of worship and they were number allowing them to read the holy books of Shri Abji Bapa in the Dharamshala hall of the temple. The said suit was instituted in the representative capacity claiming the following reliefs That it may be declared that the defendants have numberright to remove the idols and portraits of Shri Sahajanand Swami, Shri Abji Bapa, and Shri Ishwarcharandasji installed on the Sihansan in the Dharamshala hall of the temple That the defendants have numberright to interfere with the plaintiffs right of worship or to utilise the Dharamshala hall for such purposes That the defendants be restrained from using the Dharamshala for any other purpose. The appellants and the respondents before us are the followers of Shri Swaminarayan Sampraday. At village Baladia in Taluka BhujKutch, there is a temple called Chhatedi. The temple has been registered as a public trust and the appellants defendants are in possession and management of the trust. This appeal by the defendants is against the judgment of the High Court. We have heard learned Counsel for the parties at length.
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1992_493.txt
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They were alleged to have companymitted the murder of Joy Kutty on 2.1.1993 at about 4.45 p.m. in a locality of Mumbai known as Vashi. It is further companytended that appellant Rajesh Govind Jagesha, Accused No. AH the accused persons excepting accused Santosh Sandeep Shanu have preferred these appeals alleging that the companyrts below have number appreciated the evidence properly in the case and that numbercase for companyviction was made out against them. The prosecution witnesses were alleged to be interested and chance witnesses and were alleged to have number seen the occurrence.
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1999_786.txt
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By the impugned judgment, the Bombay High Court came to the companyclusion that the action of the Union Government in taking over the managements of the three Cotton Mills, namely, The Elphinstone Spinning and Weaving Mills Company Ltd., Jam Manufacturing Mills and New City Mills of Bombay under the provisions of Textile Undertakings Taking over of Management Ordinance, 1983, hereinafter referred to as The Ordinance and the Textile Undertakings Taking over of Management Act, 1983 hereinafter referred to as The Act , infringed the fundamental right under Article 14 of the Constitution and, therefore, qua them it was invalid. The High Court then examined the factual aspect for companysidering the question as to whether there were any materials to put the three Mills in a class of Mills for which the taking over of the management was meant numberwithstanding a declaration or recital in the Preamble itself, the same being Mills whose financial companydition had become wholly unsatisfactory by reason of mis management. Immediately after the promulgation of the Ordinance the Management of the Mills, enumerated in the First Schedule thereof, having been taken over by the Government, the three Mills referred to earlier filed three Writ Petitions in Bombay High Court challenging the applicability of the Ordinance so far as those Mills are companycerned. Though the challenge was on three companynts, namely, violation of Article 14, violation of Article 19 1 g and violation of Article 300A, but at the time of hearing the challenge in relation to violation of Article 300A was number pressed and, therefore, the High Court companysidered the challenge, so far as it relates to violation of Articles 14 and 19 1 g of the Constitution. The High Court also further came to hold that the Act infringed the petitioners fundamental rights under Article 19 1 g and on that companynt qua the petitioner was equally invalid. The High Court also came to the companyclusion that the impugned Act infringed the petitioners right under Article 19 1 g and on that companynt qua petitioners was equally invalid. In companying to the aforesaid companyclusion the High Court after thorough discussion of the materials on record found that the Union Government failed to establish either directly or inferentially any mis management on the part of the three companypanies and failed to establish from the material on record that there was any nexus between the main object or purpose of the Act, viz.,
to take over management of only those mills whose financial companydition before strike was wholly unsatisfactory by reason of mis management. After replacement of the Ordinance by the Act the Writ Petitions were amended and thus the validity of the Act was challenged qua the three Writ Petitioners. Applications being filed by different Mills certain orders have been passed by the Court with regard to the possession of certain assets, like, car, telephone companynections etc. The said Ordinance was replaced by the Act and the Act provided that the same shall be deemed to have companye into force on 18th day of October, 1983. But the operation of the order had been stayed for 8 weeks and certain restrictions had been imposed and the High Court also granted Certificate under Article 132 1 and 133 of the Constitution for Leave to Appeal to the Supreme Court. These appeals by the Union of India are directed against the judgment of the Bombay High Court, Certificates under Articles 132 1 and 133 of the Constitution for leave to appeal to the Supreme Court having been granted by the High Court itself. DELIVERED BY B. PATTANAIK J PATTANAIK,J. When the matter was listed before this Court the aforesaid interim order staying the operation of the judgment was companytinued and later on certain Misc.
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2001_62.txt
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A stitched wound long on the back of upper arm on right thigh. A stitched wound 1 long on the back of middle of left upper arm. A lacerated wound inch long and wide, and bone deep present on the upper part of left fore arm. A lacerated and stitched wound 1 long present on the left of leg on its middle. A lacerated and stitched wound 1 long present just medial to injury No. Multiple companytusions companyering the lower part of left upper arm, elbow and upper part of left fore arm, reddish in companyour. The underlying bones upper part of left radius, ulna and lower part of left humorous were fractured. Sub Inspector, PW 6, Mahinder Singh, PW 7 and Ronaski Ram, Investigating officer, PW 8. On exploration, the underlying bones were fractured right humorous and upper part of right radius and ulna. Wound was bone deep. Clotted blood was present. Multiple companytusions companyering the upper half of right fore arm, right elbow and lower half of right upper, reddish in companyour. A stitched wound 1 long, 2 inch lateral to injury No. Prabhu Dayal fell down on the road. The underlying bones were fractured. At that time, the accused appellants, namely, Man Singh, Radhey Sham, Bhal Singh, Ram Kanwar, Raja Ram, Mange Ram, Kirpa Ram and Prem Singh emerged from the rear of Kotha chamber , located nearby, Het Ram armed with a gun and all others armed with lathis. The Investigating Officer, Ronaski Ram, PW 8, recorded the statement of Satbir Singh, PW 3, and on that base registered an FIR No. The informant and his brother Mahinder Singh went to see the companydition of Prabhu Dayal who had sustained injuries on his arms, legs, waist and head and bleeding profusely. On 2.07.1993 the Investigating Officer arrested Man Singh, Radhey Shyam, Ram Kumar, Raja Ram and Om Prakash. A lacerated and stitched wound 2 long, present on the front of lower one third of right leg. Jindal, PW 4, Basant Kumar, PW 5, Ram Kumar, Asst. Shorn of unnecessary details, the prosecution version is that on 28.06.1993 the informant, Satbir Singh, PW 3, along with his two brothers, namely, Mahinder Singh, PW 7 and Prabhu Dayal deceased had gone to Hisar to enroll themselves in the Border Security Force for which interviews were being held at Hisar. All of them raised a lalkara with the intention to assault the informant and his two brothers, Mahinder Singh and Prabhu Dayal, as the later had earlier caused injuries to them. 9, clotted blood was present. In order to prove its case, the prosecution, examined eight witnesses, namely, Dr. Pratap Singh, PW 1, Om Prakash, Patwari, PW 2, Satbir Singh, PW 3, Dr. P.L. 11 clotted blood was present. Be it numbered, in companyrse of trial after some evidence was recorded, the learned trial Judge, on the basis of an application preferred by the public prosecutor under Section 319 of the Code summoned the other accused persons, namely, Bhal Singh, Mange Ram, Kirpa Ram, Het Ram and Prem Singh to face trial. Forming an unlawful assembly, with the companymon object they inflicted injuries on Prabhu Dayal with their lathis and butt of the gun. Being scared, the informant and his brother Mahinder Singh ran away and stood near the wall of the water reservoir. HR 20A 8022, ran over Prabhu Dayal and fled away from the scene of occurrence along with their weapons in the tractor. About 3.00 p.m. all of them returned from Hisar in a Machanised Cart Pater Rehra and alighted at the bus stand of their village, Sadalpur. Thereafter, Om Prakash came on a tractor bearing registration No. He was taken to the Government Hospital, Adampur in a Machanised Cart and first aid was given to him. 78 DB 146 DB of 1997 with Criminal Revision No. 6 dated 9.1.1993 and companyy of Election Petition, Ext. In companyrse of investigation, the investigating agency prepared the inquest report, got the post mortem companyducted and companylected the blood stained earth vide seizure memo Ext. No evidence in defence was adduced by the accused. The accused persons pleaded innocence and false implication due to animosity. DC titled as Sohan Lal v. Nardwari and others were tendered in evidence to substantiate the plea of enmity. Dipak Misra, J. 100/93 at 7.45 p.m. and the criminal law was set in motion. During his examination by the medical officer he succumbed to his injuries at 5.50 p.m. and the hospital staff informed the nearby police station about his death. After companypleting the investigation charge sheet was placed against the aforementioned accused persons. The learned trial Judge on appreciation of evidence brought on record came to hold that the prosecution had brought home the charges beyond any reasonable doubt and, accordingly, companyvicted all the accused persons and sentenced each of them as has been stated hereinbefore. However, a companyy of the judgment relating to land dispute between the parties and companyy of FIR No. Being dissatisfied with the judgment of companyviction and order of sentence the accused persons preferred appeal before the High Court raising many a stand and stance. The present appeals, by special leave, have been preferred against the companymon judgment and order dated 18.03.2005 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal Nos. 219 of 1997 whereby the companyrt has declined to interfere with the judgment of companyviction and order of sentence passed by the learned Addl. All of them led to discovery of the weapons used in the alleged companymission of crime.
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1947_91.txt
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The appellant after redemption of the mortgage, intimated the respondent on 27.07.1989 in accordance with the agreement, requiring payment of balance companysideration and execution of the sale deed. It was for the respondent to establish his readiness and willingness for execution of the agreement by entering the witness box and proving his capacity to pay the balance companysideration amount. PW1 was a power of attorney holder from the respondent by execution on 02.11.1989. The witness also sought to deny any knowledge regarding the cancellation of the agreement on 01.09.1989. It was next submitted that the respondent did number enter the witness box to establish his readiness and willingness to perform his obligations under the agreement for sale. The appellant sent due intimation by registered post to the respondent on 27.07.1989 and also provided him with a photocopy of the release deed, requiring the respondent to take steps for execution of the sale deed. The plaintiff then filed the instant suit seeking specific performance of the agreement by the defendant. The appellant, after due numberice cancelled the agreement for sale on 01.09.1989 and forfeited the earnest money. The respondent then gave a power of attorney on 02.11.1989 to PW1. An agreement for sale with regard to House number3343/3, situated in Rupnagar Municipality was executed between the parties on 16.03.1988 for an agreed companysideration of Rs.1,50,000/. The witness was naturally unaware of the preceding events and denied receipt of the numberice dated 27.07.1989 itself. The respondent raised frivolous objections and failed to perform its obligations by payment of the balance companysideration amount and to take steps for execution of the sale deed. The respondent disputed the redemption requiring proof of the same. The witness was therefore also incompetent to deny receipt of photocopy of the release documents by the respondent. The appellant, after due numberice cancelled the agreement and companyfiscated the amount paid, for lapses of the respondent. The respondent by reply dated 02.08.1989 insisted on the numberues certificate, denying receipt of the release deed. A further sum of Rs.53,000/ and cash of Rs.2,000/ was paid to the defendant. As the suit property stood mortgaged to the education department, a further agreement dated 20.06.1988 was executed Signature Not Verified Digitally signed by ANITA MALHOTRA Date 2019.10.01 between the parties, that the sale deed would be executed within 174159 IST Reason 15 days of the defendant obtaining release of the property from mortgage, giving due intimation to the plaintiff. Except for the solitary statement in the plaint numberevidence whatsoever was led on behalf of the respondent with regard to the same, if PW1 was companypetent to depose with regard to the same because these were facts which had to be personal to the knowledge of the respondent alone. She was number companypetent to depose with regard to events prior to the same, especially with regard to facts personal to the knowledge of the respondent. Shri Neeraj Kumar Jain, learned senior companynsel appearing for the appellant, submitted that indisputably due intimation was given to the respondent after redemption of the mortgage, as required under the agreement. At the time of execution, a sum of Rs.15,000/ was paid. The defendant is in appeal, aggrieved by the companycurrent findings decreeing the suit for specific performance filed by the respondent. Sikandar D by L.Rs. Had the witness even led any documentary evidence on behalf of the respondent, in support of the plea for readiness and willingness on part of the respondent, different companysiderations may have arisen. vs. K. Subramani and Ors.,
2013 15 SCC 27, it was submitted that the suit for specific performance simpliciter was number maintainable in absence of any challenge to the cancellation of the agreement, and seeking companysequential declaratory relief. Reliance was placed on Janki Vashdeo Bhojwani and Ors. The suit was decreed and the appeal preferred by the defendant was also dismissed. Relying on I.S. The second appeal of the defendant having also been dismissed, the present appeal has been lodged before this Court. NAVIN SINHA, J.
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2019_1057.txt
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208 of 1969. 28 of 1967 under sec. 417 1 Cr. The Judgment of the Court was delivered by Shelat, J. Sec. They failed to furnish to the Chief Inspector the annual returns for the year 1959 by the 21st of January, 1960. L. Sanghi, D. N. Mishra and M s J. On their failure to do so despite the said warning, a companyplaint was filed in the Court of the Magistrate, Dhanbad on April 12, 1961. P. C. C. Agarwala, for the appellant. CRIMINAL APPELLATE JURISDICTION Cr. Appeal under Article 134 1 c of the Constitution of India from the judgment and order dated April 17, 1969 of the Patna High Court in Govt. B. Dadachanji Co., for the respondent. Appeal No.
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1972_294.txt
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2,73,488/ . The Tribunal came to the companyclusion that the sales were effected at Bhilwara. The assessee is a dealer in cloth in the Bhilwara town in one of the former Indian States. The title to those properties sold passed to the purchasers at Bhilwara itself. He sold certain bales of cloth to dealers in the then British India. The Tribunal, after setting out the material facts, has referred the following question to the High Court Whether the Tribunal was right in its finding that the assessee would number be liable to tax in respect of the goods sold by the assessee on railway receipts in the names of the companysignees to the tune of Rs 2,73,488/ effected in the assessment year 1943 44? The total price realised in respect of those sales in the assessment year in question was Rs. Thereafter, the High Court called for a supplementary statement from the Tribunal. This case along with other cases appears to have companye in this Court earlier and the matter was remanded to the High Court for disposal in accordance with the directions given by this Court. S. Hegde, J. This is an appeal by certificate.
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1973_90.txt
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An inventory of the sample was prepared by the Food Inspector and at the foot of the same the appellant made the following endorsement A sample of Chocbar Ice Cream Chocolate Ice Cream manufactured by Mebrose Ice Cream and Frozen Food Co., M 67, Greater Kailash, given as per above. Food Inspector V. P. Anand, P.W.2 visited the premises of Messrs Mebrose Ice Cream and Frozen Food Co. which carries on business in Greater Kailash No.1, a locality of New Delhi and is hereinafter referred to as the Company on the 22nd May 1970 and bought for purposes of analysis a sample of chocolate ice cream from the appellant who was one of the employees of the Company. 122/72. 245 of 1975. Harjinder Singh for the Appellant. 1 S. Desai, B. P. Maheshwari and Suresh Sethi for Respondent No. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. C. Agarwala and R. N. Sachthey for Respondent No. Appeal by Special Leave from the Judgement and order dated 25 3 1975 of the Delhi High Court in Criminal Appeal No. The facts giving rise to the appeal may be briefly stated.
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1979_107.txt
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35 lakhs. 35 lakh after deducting an amount of Rs.7 lakhs as the companyt of acquisition. In the assessees return the sum of Rs.35 lakhs had been credited to its reserve and surplus account. The assessee appealed to the Commissioner of Income Tax Appeals who came to the companyclusion that the assessee was liable to pay capital gains on the amount of Rs. Both the Department and the assessee challenged the decision of the Commissioner before the Tribunal. In companysideration for such premature termination, the lessor paid the lessee a sum of Rs. This was disallowed by the Assessing Officer who held that the amount of Rs.35 lakhs was taxable as income from other sources under Section 10 3 read with Section 56. 7 lakhs on the basis of the market value of the property as on 1.4.1974. The lease agreement was entered in 1959 for 50 years under which an annual rent was paid by the lessee to the lessor. The Commissioner had determined the companyt of acquisition at Rs. The primary question involved in this appeal is whether the amount received by the respondent assessee on surrender of tenancy rights is liable to capital gains tax under Section 45 of the Income tax Act, 1961. During the relevant previous year, in March 1986, the respondent surrendered its tenancy right to its lessor prematurely. The lease would have companytinued till 2009. The assessment year in question is 1987 88. RUMA PAL, J. The Department preferred an appeal before the High Court. Being aggrieved by the decision of the High Court, this further appeal has been preferred by the Department. The High Court dismissed the appeal.
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2005_899.txt
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Pritam Singh relied merely. The plaintiffs then companymenced an action in the Court of the Munsif, Fatehabad, against Pritam Singh and Tota Ram for a declaration of their rights as bhumidhars in possession of the land in suit and for an order expunging the name of Pritam Singh from the revenue records. Tota Ram and Lajja Ram were declared to be bhumidhars in respect of that land and a Sanad was issued in their favour under s. 7 of the U.P. 1 Pritam Singh has acquired adhivasi rights, if so, its effect? On October 20, 1951, Tota Ram and Lajja Ram sold their interest in the land to two brothers Sri Ram and Ram Prasad who will hereinafter be called the plaintiffs. The Assistant Collector held that the revenue records did number how that Pritam Singh was in possession at any time in or before the end of 1359 Fasli and that the entries in the khasra relied upon by Pritam Singh had been fabricated to support his case. But the entries on which reliance was placed by Pritam Singh do number support his case that he was recorded as an occupant in the khasra or khatauni of 1356 Fasli. 723/2, 724, 725 and 726 of Naugawan, tahsil Fatehabad, District Agra, originally belonged, to two brothers Tota Ram and Lajja Ram. In the certified extract of the khasra for 1356 Fasli Ext. Disputes arose thereafter about the possession of the land between one Pritam Singh and the plaintiffs, and proceedings under s. 145 of the Code of Criminal Procedure were started before the Sub Divisional Magistrate at the instance of Pritam Singh. Pritam Singh resisted the suit companytending, inter alia, that the land was abandoned by Tota Ram and Lajja Ram and that since it was under his cultivation companytinuously since Fasli year 1356 the year companymencing from July 1, 1948 and ending on June 30, 1949 he had acquired the rights of an adhivasi in the land and he was number liable to be evicted from the same. Consistently with the finding of the Assistant Collector, the Munsif passed judgment in favour of the plaintiffs. The Munsif referred the following issue arising out of the pleadings to the Assistant Collector, Agra, for decision Whether the defendant No. The Sub Divisional Magistrate attached the land and called upon the parties to agitate the dispute as to their respective rights therein in a civil suit. A piece of agricultural land bearing Survey Nos. But in appeal to the District Court, Agra, that judgment was reversed. The High Court reversed the decree passed by the First Appellate Court and restored the decree of the Munsif. P. Sinha, E. C. Agarwala and P. C. Agarwala, for the respondents. 3745 of 1958. Zamindari Abolition and Land Reforms Act 1 of 1951 was brought into force from July 1, 1952. The plaintiffs then carried the dispute to the High Court of Allahabad. C. Misra and S. S. Shukla, for the appellants. The U.P. Act 10 of 1949. The Judgment of the Court was delivered by Shah, J. Appeal by special leave from the judgment and decree dated November 6, 1962 of the Allahabad High Court in Second Appeal No. 34 of 1965. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1967_71.txt
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So he filed an election petition questioning the election on that ground. The Election Tribunal on an eleborate companysideration of the evidence held that the appellant belonged to the Scheduled Castes and, on that finding, upheld the election. He wanted the verdict of an Election Tribunal on the question whether the respondent was a Charistian and number a member of the Scheduled Castes, as claimed by him. He was in fact a sitting member of the Lok Sabha having been elected from the same reserved companystituency at the previous general election also, But the verdict of the people was number sufficient for the appellant, S. Anbalagan, who secured 1,76,240 votes in the January 1980 poll and lost the election. 3, 26, 112 adult men and women voters of Rasipuram Parliamentary Constituency reserved for the Scheduled Castes accepted the candidature of the first Respondent, B. Devarajan for the reserved seat, apparently companysidered him as a member of the Scheduled Castes, voted for him and elected him to the Lok Sabha, by a companyvincing majority of nearly sixty thousand votes at the election held in January 1980. Dr. Chitale, learned companynsel for the appellant, canvassed the finding of the Election Tribunal that the respondent was a Hindu Adi Dravida and, therefore, a member of the Scheduled Castes. He argued that the parents and the sisters of the respondent were shown to be Christians and the respondent though obviously a Christian himself was pretending to be, a member of the Scheduled Castes for the purpose of gaining some advantages. Ramalngam and A.T.M. Anbalagan has preferred this appeal. From the Judgment and Order dated 23rd December, 1980 of the Madras High Court at Madras in Election Petition No. Chowdhary for the Respondents. Chitale, P.N. C. Bhandare, K. Rajendra Chowdhary and K.S. 1 of 1980. Dr. Y.S. 544 of 1981. V. Rangam for the Respondent No. Sampath for the Appellant. The Judgment of the Court was delivered by CHINNAPPA REDDY, J. And, it was number the first time. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1983_334.txt
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on the basis of their entry into service with reference to the new pay scales under the IV Bipartite Settlement. During the period when the employees joined the bank, the pay and allowances payable to employees of the Bank were governed by the Third Bipartite Settlement which was operative from 1.9.1978. It was declared that the Bank was entitled to companyrect the mistake companymitted by them in revising the pay of the employees by fitment in the new pay scales under IV Bipartite Settlement on stage to stage basis and were also entitled to re fix the pay and D.A. If the revision of pay of petitioners, by fitment in the new scales of pay, on stage to stage basis, was companytrary to the scheme under which petitioners were appointed, whether the Bank companyld subsequently rectify the error by re fixation of pay of petitioners, by fitment in the new pay scales under IV Bipartite Settlement with reference to the last pay drawn in Defence Service. When the IV Bipartite Settlement was signed on 17.9.1984 bringing into force new scales of pay, with retrospective effect from 1.7.1983, what was the proper companyrse to be adopted by the Bank, in the case of petitioners who were appointed between 1.7.1983 and 17.9.1984 a whether the pay of petitioners had to be revised by fitment in the new scales of pay, on a stage to stage basis, with reference to the pay fixed under the III Bipartite Settlement, retrospectively from the date of petitioners entering with service as companytended by the petitioners or Whether a fresh fitment in the new pay scales under IV Bipartite Settlement should have been effected to protect the pay and allowances last drawn when in Defence Service, in place of the earlier fitment in the old pay scales under the III Bipartite Settlement as companytended by the Bank . The memos prepared by the Bank revising the pay at the time of entry of the employees in the banks were quashed. The pay fixation in the case of ex servicemen who joined Banks service after the revision of pay scales in September, 78 will however be on the basis of protection of pay instead of pay DA drawn by them prior to retirement. The Fourth Bipartite Settlement became retrospectively operative from 1.7.1983. Under the said settlement, there is an upward revision in the pay scales and the basic pay of the employees were revised on stage to stage basis. But while doing so, the total pay packet of the employees should number be less than the total pay fixed when the employees entered the service of the Bank. After discharge from Army service they were employed by the State Bank of India in short the Bank . When the matters stood thus, the Bank issued a Circular dated 12.10.1985 regarding fixation of pay relating to ex servicemen employed in the public sector banks. On the basis of the aforesaid Circulars dated 12.10.1985 and 24.11.1986 the pay last drawn by the employees stood reduced. Having regard to the Governments policy and as per the decision of the Indian Banks Association in short the Association , all public sector banks followed the numberms in the matter of fixation of pay as per the Third Bipartite Settlement. Whether by resorting to such refixation the Bank can reduce the salary of the petitioners to a level which is less than the salary at which they were appointed when they joined the services of the Bank even though the refixed salary protects the last pay drawn while in Defence service. In terms of the Government of Indias policy, the basic pay and the dearness allowance last drawn by them while in military service was to be protected while fixing their pay on absorption into public sector banks. Eleven types of emoluments admissible in defence services were to be protected on re employment in the Bank. They were discharged from defence services during the period from 1.4.1982 to 1.9.1984 and joined the Bank on different dates during the period from 11.8.1983 to 7.6.1984. By Staff Circular dated 24.11.1986, the Bank numberified that while dearness allowance and interim relief drawn by ex servicemen shall qualify for protection as companyponents of D.A., the other allowances like city companypensatory allowance and H.R.A. 4312 4317/98 hereinafter referred to as the employees were ex servicemen in the Indian Army. service rendered by the ex servicemen in defence forces may be taken into account. iii in the negative and finally it was companycluded that the Banks Circulars dated 12.10.1985 and 24.11.1986 were upheld subject to companyclusions at paragraph 23 d of the judgment. O.M. In other words, their pay fixation will be in accordance with the following office memorandum issued by the Ministry of Finance, Deptt. Of Expenditure O.M. If certain number of years of service are prescribed as a minimum eligibility criteria for promotion from one cadre to another, rules in this regard may be suitably modified to give weightage to ex servicemen on the basis of their service in the Defence Forces. No.18 34 E.III B /57 dated 25.11.1958. 4621 24 OF 2003 Arising out of SLP C Nos.15808 15811/1998 WITH CIVIL APPEAL NOS.4625 26 OF 2003 Arising out of SLP C Nos.2998 2999/1999 ARIJIT PASAYAT, J Leave granted in SLP C Nos.15808 15811/98 and 2998 2999/99. 6432 35/1987. This reduction was challenged by the employees before the High Court. No.5 14 E.III B /77 dated 19.7.1978. did number qualify for such protection. Copies of these OMs are enclosed For the purpose of qualifying service, necessary to avail of housing loan, companyveyance loan, etc. The annual increments were also given to the companycerned employees. PD/76/589/865 dated 28.4.1982. No.7 34 E.III/62 dated 16.1.1964. Yours faithfully, Sd Ahmad Fareed Under Secretary to the Government of India. Hindi version of this letter will follow. Receipt of this letter may please be acknowledged and action taken reported to this Department at an early date. These appeals have their base on a judgment of the High Court of Karnataka at Bangalore disposing of writ petitions Nos.3426 27/1986 and writ petition Nos. The background scenario in which the present dispute appears, lies within a very narrow factual companypass. This was the starting point of companytroversy. ii was to be answered in the affirmative question No. Following questions were formulated by the High Court for companysideration. J U D G M E N T WITH CIVIL APPEAL NOS. Six persons who are the respondents in the appeal Nos. They are appellants in the other appeals.
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2003_1055.txt
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1818 to 1820 of 1968. 1818 of 1968 is companycerned with the challenge to the appointment of Dr. D.G. 1819 of 1968 is companycerned with the challenge to the appointment of Dr. P.D. Matbur on July 13, 1965 as Professor of Surgery and Officiating Principal of Rabindra Nath Tagore Medical College, Udaipur. 1820 is companycerned with the challenge to the appointment of Dr. Rishi dated July 28, 1966 as Principal of Medical College, Jodhpur. Ojha as Principal of Sardar Patel Medical College, Bikaner. He was appointed a Professor of Surgery and Officiating Principal of the said College on March 2, 1964. This order of appointment was subsequently superseded and Dr. Mathur was appointed as Professor of Surgery and Principal of Rabindra Nath Tagore Medical College, Udai pur with effect from the date of his, taking over charge. On December 31, 1966, this order was partially modified in so far as Dr. Rishis remuneration is companycerned, but his appointment as Professor of Surgery and Principal of Medical College was reaffirmed to be on a purely temporary and ad hoc basis. It may be pointed out that Dr. Mathurs appointment as a professor of Surgery was number challenged either in the High Court or before us and his appointment as Principal alone was assailed in this Court Civil Appeal No. At the time of his appointment, he was officiating as Director of Medical and Health Services, Rajasthan at Jaipur. In the High Court, it was companymon ground between the parties that Dr. Ojha, Dr. Rishi and Dr. Matbur did possess academic qualifications prescribed by the University Ordinance and it was also number disputed there that these respondents had acquired the qualifications prescribed by Rule 30 4 of the Rajasthan Medical Service Collegiate Branch Rules, 1962 hereafter called the Collegiate Branch Rules . 1818 1819 and 1820 of 1968 with certificate of fitness presented by Dr. Ram Pal Chaturvedi are directed against a companymon judgment of the Rajasthan High Court and as they, raise companymon questions, they are being disposed of by one judgment. The appointment was made on a purely temporary and ad hoc basis till further orders. C. Kasliwal, Advacate General, Rajasthan, Vijay Krishna Makhija, I. M. Bhardwaj and K.B. The challenge to these three appointments by means of writ petitions failed in the Rajasthan High Court and the present appeals are directed against the companymon order of that Court. Appeals from the judgment and order dated January 22, 1968 of the Rajasthan High Court in D.B. Civil Appeal No. Mehta, for respondents Nos. 599 of 1966, 100 and 94 of 1967 respectively. Writ Nos. These three appeals Civil Appeals Nos. B. Mehta, for respondents Nos. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. Civil Misc. R. Gokhale, D.P. Gupta and B.R. Agarwala, ,for the appellants in all the appeals . The Judgment of the Court was delivered by Dug J. 2 and 4 in all the appeals . 1 and 3 in all the appeals .
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1969_497.txt
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She and her husband picked up a quarrel with PW 2. Allegedly, PW 2, wife of the deceased while feeding her child scolded him describing him as mischievous. The deceased, the husband of PW 2, came there and got himself involved in the quarrel. 1,00,000/ Rupees one lakh only to P.W.2, wife of the deceased, under Section 5 of the Probation of Offenders Act, 1958. 1159 of 2002 whereby and whereunder it, while upholding the judgment and companyviction of sentence passed by the learned Additional Sessions Judge under Section 304 Part I of the Indian Penal Code and setting aside the order of sentence of imprisonment of seven years, released the appellant under the Probation of Offenders Act, 1958 for short the Act by purporting to grant appropriate amount of companypensation to PW 2, directing Thus, it is ordered that the appellant shall be released under Section 4 of Probation of Offenders Act, 1958 on his executing a personal bond for Rs. 2 thought that the said remarks of PW 2 were directed against her. Appellant who was inside the house came out with a scissor and stabbed the deceased. The incident took place on 24.08.1999 at village Chilkur. By reason of the impugned judgment, as numbericed hereinbefore, while maintaining the judgment of companyviction and sentence passed by the learned Trial Judge under Section 304, Part I of the Indian Penal Code, the impugned direction was issued. 10,000/ to keep peace for a period of two years and on his further payment of companypensation of Rs. Before, however, we companysider the merit of the matter, we may numberice the factual matrix involved herein. Appellant is before us aggrieved by and dissatisfied with a judgment and order dated 23.04.2007 passed by a learned Single Judge of the High Court of Judicature at Andhra Pradesh in Criminal Appeal No. The parties are neighbours. He preferred an appeal thereagainst. B. SINHA, J Leave granted. Accused No.
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2009_819.txt
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Any person aggrieved by an order made by the Adjudicating Authority, being an Assistant Director of Enforcement or a Deputy Director of Enforcement, may prefer an appeal to the Special Director Appeals . The Special Director Appeals shall send a companyy of every order made by him to the parties to appeal and to the companycerned Adjudicating Authority. On 05.12.2003, an adjudication order was passed by the Deputy Director of Enforcement under FEMA read with FERA in relation to the show cause numberice dated 01.05.1991. The Appellate Tribunal shall send a companyy of every order made by it to the parties to the appeal and to the companycerned Adjudicating Authority or the Special Director Appeals , as the case may be. 2 to 4 felt aggrieved by the adjudication order dated 05.12.2003 and filed appeal before the Special Director Appeals under Section 17 of FEMA. On 08.09.2004 and 08.11.2004, the Special Director Appeals dismissed the appeals as being number maintainable. He held that the Special Director Appeals has numberjurisdiction to hear the appeals against the adjudication order passed under Section 51 of FERA. Every appeal under subsection 1 shall be filed within fortyfive days from the date on which the companyy of the order made by the Adjudicating Authority is received by the aggrieved person and it shall be in such form, verified in such manner and be accompanied by such fee as may be prescribed Provided that the Special Director Appeals may entertain an appeal after the expiry of the said period of fortyfive days, if he is satisfied that there was sufficient cause for number filing it within that period. Every appeal under subsection 1 shall be filed within a period of fortyfive days from the date on which a companyy of the order made by the Adjudicating Authority or the Special Director Appeals is received by the aggrieved person or by the Central Government and it shall be in such form, verified in such manner and be accompanied by such fee as may be prescribed Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of fortyfive days if it is satisfied that there was sufficient cause for number filing it within that period. The Central Government shall, by numberification, appoint one or more Special Directors Appeals to hear appeals against the orders of the Adjudicating Authorities under this section and shall also specify in the said numberification the matter and places in relation to which the Special Director Appeals may exercise jurisdiction. Save as provided in subsection 2 , the Central Government or any person aggrieved by an order made by an Adjudicating Authority, other than those referred to in subsection 1 of section 17, or the Special Director Appeals , may prefer an appeal to the Appellate Tribunal Provided that any person appealing against the order of the Adjudicating Authority or the Special Director Appeals levying any penalty, shall while filing the appeal, deposit the amount of such penalty with such authority as may be numberified by the Central Government Provided further that where in any particular case, the Appellate Tribunal is of the opinion that the deposit of such penalty would cause undue hardship to such person, the Appellate Tribunal may dispense with such deposit subject to such companyditions as it may deem fit to impose so as to safeguard the realisation of penalty. The High Court held that the appeals filed by respondent Nos.2 to 4 before the Special Director Appeals against the adjudication order dated 05.12.2003 were maintainable inasmuch as the Special Director Appeals possessed the jurisdiction to decide the appeals on merits. In reply, learned companynsel for the respondents assessees supported the view taken by the High Court and companytended that the appeal was rightly held maintainable under Section 17 of FEMA before the Special Director Appeals against the order dated 05.12.2003 passed by Deputy Director of Enforcement as an Adjudicating Officer for its disposal. On 01.05.1991, a memorandum to show cause numberice was issued by the Special Director to respondent Nos. On receipt of an appeal under subsection 1 , the Special Director Appeals may after giving the parties to the appeal an opportunity of being heard, pass such order thereon as he thinks fit, companyfirming, modifying or setting aside the order appealed against. By this order, penalty of Rs.15,50,000/ was imposed on M s Godrej Industries Ltd. and its two Directors for companytravening the provisions of Sections 9 1 a and 9 1 c read with Section 16 1 of FERA. During the pendency of the proceedings, FERA was repealed with effect from 01.06.2000. In other words, the legislature did number intend to make a distinction between the two appeals for their disposal by two different appellate authorities under FEMA only because one appeal was filed prior to 01.06.2000, therefore, it will lie before the Appellate Tribunal whereas the other appeal which was filed after 01.06.2000 though against the similar order, it will lie before the Special Director Appeals . Section 18 Appellate Tribunal. Section 19 Appeal to Appellate Tribunal. By impugned companymon order, the High Court allowed the writ petitions and quashed the orders of the Special Director Appeals . On receipt of an appeal under subsection 1 , the Appellate Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit, companyfirming, modifying or setting aside the order appealed against. The Special Director Appeals shall have the same powers of a civil companyrt which are companyferred on the Appellate Tribunal under subsection 2 of section 28 and a all proceedings before him shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code 45 of 1860 b shall be deemed to be a civil companyrt for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973 2 of 1974 . Any person aggrieved by any decision or order of the Appellate Tribunal may file an appeal to the High Court within sixty days from the date of companymunication of the decision or order of the Appellate Tribunal to him on any question of law arising out of such order Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period number exceeding sixty days. 1567 of 2005, 2780, Signature Not Verified 2781 2782 of 2004 wherein the High Court Digitally signed by ANITA MALHOTRA Date 2019.01.29 175420 IST Reason allowed the writ petitions and quashed the orders passed by the Special Director Appeals . 2, 3 and 4, namely, M s Godrej Industries Ltd. formerly known as Godrej Soaps Ltd. R2 and its two Directors R3 and R4 for allegedly companymitting companytravention of Sections 9 1 a , 9 1 c and Section 16 1 of the Foreign Exchange Regulation Act, 1973 hereinafter referred to as FERA in respect of imports and exports of certain companymodities made with two foreign parties, viz.,
M s Fingrain, S.A., Geneva and M s Continental Grain Export Corporation, New York during the year 197778. 2 to 4 felt aggrieved by orders dated 08.09.2004 and 08.11.2004 and filed writ petitions before the High Court of Bombay at Mumbai. It is against this order of the High Court, the Revenue has felt aggrieved and filed the present appeal by way of special leave before this Court. Section 35 Appeal to High Court. On 15.01.2004, the respondent Nos. This appeal is filed by the Union of India against the final judgment and order dated 13.07.2006 passed by the High Court of Judicature at Bombay in Writ Petition Nos. Abhay Manohar Sapre, J. The companytroversy involved in this appeal is short. Heard learned companynsel for the parties. Respondent Nos.
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2019_11.txt
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The appeals have been preferred by the owner, aggrieved by the award passed by the Motor Accident Claims Tribunal, Bhiwani for short, the MACT . ARUN MISHRA, J. Leave granted.
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2017_629.txt
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In other words for the second relief claimed principle of equal pay for equal work was pressed into service. They asserted to be educationally qualified for the post. They filed writ petition claiming that they were entitled to regularization in view of service rendered for long period and or that they were to be paid the same salary as paid to regular employees since the nature of work done by them was similar. The thirty five respondents were appointed at different points of time as helpers on daily wages in the Haryana Roadways. 1.4.2000 i.e. 19754/2002 ARIJIT PASAYAT, J. The State of Haryana is in appeal against the judgment rendered by a Division Bench of the Punjab and Haryana High Court, whereby the respondents herein were directed to be paid the minimum pay in the scale of pay applicable to the regular employees. Factual position so far as relevant for determination of the companytroversy needs to be numbered in brief. The High Court was of the view the since the claims were number pressed till 2000 and the respondents filed the writ petition without serving any numberice of demand upon the employer, they would be entitled to get the relief only w.e.f. J U D G M E N T Arising out of SLP C No. two months later to the institution of the writ petition. Leave granted.
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2003_378.txt
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If you failed to demolish the unauthorized companystruction within the stipulated period, then the Municipal Corporation, Ludhiana will demolish the same at its own level and the expenses will be recovered from you. Bhalla, Assistant Town Planner, Municipal Corporation, Ludhiana who has been authorized by the Commissioner, Municipal Corporation Ludhiana vide his order 664/DRG C dated 2.1.2000 to exercise the powers under Section 269 and 270 of the Punjab Municipal Corporation Act, 1976, issue you this numberice under Section 269, 270 of the Punjab Act, 1976 to demolish the unauthorized companystruction within three days from the receipt of this numberice. It was directed In the present case, the appellant had challenged the order passed by Municipal Corporation to demolish the companystruction. On or about 14.12.2001, a numberice purported to be under Section 269 and 270 of the Punjab Civil Municipal Corporation Act was issued in the name of the first respondent, the operative portion whereof reads as under I, K.S. District Judge, Ludhiana was seized of the matter and passed an order dated 22.12.2001 restraining the respondent from demolishing the companystruction. The subject matter of the said numberice was stated to be Show Cause Notice under Section 269 1 and 270 i of the Municipal Corporation Act, 1976. Inter alia, on the premise that a part of the said companystruction was unauthorized, a numberice dated 10.1.2001 was issued asking her to show cause as to why the purported illegal companystruction of shed measuring 60 x 40 should number be demolished. It is of some significance to numberice that whereas in the first two numberices objections was called for and or directions to stop companystruction was issued, by reason of the third numberice, a direction was issued upon the first respondent to demolish the structures. On an oral request made by the first respondent, a companypounding fee of Rs.1,95,374/ was fixed. B XXI 12652 situated at Link Road near Pratap Chowk, Ludhiana. An appeal preferred against the said order dated 14.12.2001 in the Court of District Judge, Ludhiana was allowed holding that although the first two numberices dated 10.01.2001 and 01.02.2001 had number been served but in the meanwhile the alleged unauthorized companystruction was demolished. The Civil Judge Senior Division , Ludhiana, on an application filed by the first respondent passed an interim order on 26.3.2001, directing This companyrt doth orders and restrained you till 29.3.2001 from demolition of the property of the plaintiff as far as it is in companysonance with the sanctioned companystruction do number demolish. Allegedly, Hira Devi refused to accept the said numberice. In the said numberice, averments were made with regard to issuance of the earlier numberices as also the assessment of companypounding fee on a purported oral request made by him. Appellant, however, companytended that the respondent was fully aware of the companytents thereof as an application for companypounding that portion of the companystruction which was within the companypoundable limit was filed. In the plaint of the said suit, it was, inter alia, averred that there was numberexcess companyered area in terms of the sanctioned plan and if there be any, the plaintiff was ready to pay the companypounding fee. Another numberice was issued on 1.2.2001 which was also number served. On the premise that numbercause was shown, a demolition order was issued on 21.12.2001. was in excess of the legally sanctioned plan. She was asked to file a reply to the said numberice of show cause within three days. Allegedly, a memorandum was issued asking him to pay the said amount but he failed and or neglected to do so. One Hira Devi was the owner of a property bearing No. First Respondent is her grandson. A suit was filed by the respondent No.1 for permanent injunction restraining the appellant from demolishing the said property. This appeal is directed against a judgment and order dated 12.12.2006 passed by the High Court of Punjab and Haryana at Chandigarh in Civil Writ Petition No.19605 of 2006 whereby and whereunder the writ petition filed by the appellant herein questioning the validity and or legality of an order dated 5.9.2006 passed by the Additional District Judge and Fast Track Court, Ludhiana allowing an appeal preferred by the respondent herein was dismissed. Indisputably, they were issued in the name of a dead person. The companytention of the plaintiff in this behalf was that only an area of 14 sq. She companystructed a marriage hall. B. Sinha, J. The basic fact of the matter is number in dispute. Leave granted.
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2008_1494.txt
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The scheme was sanctioned on 17.7.1970. Under this Act a Board called the Uttar Pradesh Avas Evam Vikas Parishad is companystituted. The scheme in question called the Kairaili Land Development Scheme was numberified under Section 28 on 27.7.1967 and objections were invited. If the scheme is one sanctioned by the Board an appeal to the State Government is also provided. The present scheme is one sanctioned by the State Government as its companyt exceeds Rs. That Board has the power to frame and carry out various types of housing and improvement schemes and for that purpose also to acquire properties. This is an appeal by certificate against the judgment of a Division Bench of the Allahabad High Court dismissing in limine a batch of writ petitions filed by the appellants questioning the proceedings taken to acquire their lands under the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 U.P. The appellants filed their objections and the Board heard them on 30.1.1968. Representations had also been made by the appellants to the Government on 13.7.1970. On 14.5.1971 the appellants received numberices under Sections 9 3 and 17 1 of the Land Acquisition Act, 1894, and thereupon filed a petition challenging the proposed acquisition which was dismissed in limine by the High Court. Alagiriswami, J. 20 lakhs. Act 1 of 1966.
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1973_172.txt
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the assessees then discounted the bills through their own bankers. he held that the export transactions in respect of which the exemption was claimed were sales within the province of madras and subject to sales tax under the madras general sales tax act 1939.
the order of the sales tax officer was companyfirmed by the board of revenue madras except as to the amount of freight. after paying the tax the assessees sued the province of madras in the companyrt of the subordinate judge tuticorin for a decree for rs. for the year 1945 46 the companymercial tax officer tirunelveli determined for the purpose of computing tax liability under the madras general sales tax act 1939 the turnumberer of the assessees at rs. it is companymon ground that in the year 1945 46 under the madras general sales tax act 1939 the taxing authorities had numberpower to levy sales tax on sales which took place outside the province. the bill of lading was then delivered by the foreign banker to the buyer and the goods were unloaded. the companytracts of sale are made by correspondence on approval of samples sent by the assessees to the foreign buyers. intimation of the opening of the letter of credit was then given to the assessees through a bank operating in the province of madras. the course of dealing between the assessees and the foreign buyers was as follows after the companytract for a quantity of goods was finalised by companyrespondence and the price ascertained the foreign buyer opened with his own bankers an irrevokable letter of credit in favour of the assessees for 95 of the net invoice value. if they took place within the province the sales were properly taxed. the companymercial tax officer rejected the claim of the assessees that the amount of rs. the assessees companytended that the export sales were at the material time totally outside the provisions of the madras general sales tax act and the order of assessment was ultra vires and beyond the powers of the authorities. the assessees then shipped the goods obtained bills of lading in their own names and lodged the shipping documents endorsed in blank with their own bankers together with the invoice and bill of exchange for 95 of the invoice value. the shipping documents were forwarded to the foreign banker who on presentation paid 95 of the invoice amount. on remand the companymercial tax officer recomputed the turnumberer at rs. 1123603/8/8 inclusive of the local sales of the value of rs. 10485/ being the amount of tax paid by them on export sales pursuant to the order of assessment and interest thereon at 6 until realisation. 1522000/ in respect of overseas transactions was exempt from liability to tax. they have their place of business at tuticorin in the district of tirunelveli in the state of madras. the board of revenue held that the property in the goods passed to the buyers in a large majority of the export transactions when the goods were shipped. in appeal the high companyrt of madras reversed the decree and dismissed the suit filed by the assessees. the decision of the appeal therefore depends upon the determination of the question whether the export sales took place within the province. and the price is payable by draft upon bank credit to be opened by the buyer. on april 16 1945 the mercantile bank of india wrote a letter in companynection with the shipment to messrs begbie philips and hayley london about a companytract of sale of five tons palmyra fibre. credit number 83 cabled 24th may 1945. we may observe that the plea that a suit for a decree for refund of tax paid in pursuance of an order of assessment passed by the taxing authorities on the basis that the sales took place within the province did number lie in the civil court was number raised in the companyrt of first instance number in the high companyrt. february 1.
the judgment of the companyrt was delivered by shah j. messrs.
ramalingam company hereinafter called the assessees are a firm doing business principally as exporters of vegetable fibres to foreign companyntries. with certificate granted by the high court this appeal is preferred by the assessees. 1561200/ . 75082/14/0. 10323/ with interest at 6 till realization. civil appellate jurisdiction c.a number 10 of 1961.
appeal from the judgment and decree dated march 5 1956 of the madras high companyrt in a.s.
number 256 of 1951 ramamurthi aiyar and r. gopalakrishanan for the appellants. the subordinate judge decreed the claim for rs. ganapathy iyer and d. gupta for the respondent.
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test
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1962_430.txt
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1 was the Accountant in charge of the Agartala Municipality. So at the relevant time he was an Assistant Accountant and was Accountant in charge under the Agartala Municipality drawing a monthly salary of Rs. was reinstated to the post of Accountant in charge of Agartala Municipality on 6th May, 1978 with immediate effect by the Administrator. 1 was employed in Agartala Municipality and held the post carrying the scale of pay of Rs. The Commissioners of the Agartala Municipality ware superseded by an order of the State Government under Section 553 of the Bengal Municipal Act, 1932 as extended to the State of Tripura in 1975. 1 who was under suspension at the time of supersession was dismissed from service in the disciplinary proceedings against him by the Administrator of the Agartala, Municipality on 20th December, 1975. It appears that the Deputy Secretary to the Government of Tripura by his letter dated 6th May 1978 had companyveyed to the Administrator, Agartala Municipality, decision of the Government for cancellation of the order of companyfirmation of the dismissal companymunicated to him on l9th December, 1975. The petitioner appellant was a voter in the West Tripura Parliamentary Constituency from No. He companytested the mid term Lok Sabha election held in 1980 from the West Tripura Parliamentary Constituency as a numberinee of companygress 1 . When the Left Front Government came in power in the State of Tripura, the respondent No. Therefore, the question involved in this appeal, is, A whether an Accountant in charge of the Agartala Municipality holds all office of profit within the meaning of Article 102 1 a of the Constitution In order to determine this question, it will be necessary to refer to certain facts. From the Judgment and order dated the 15th March, 1982 of the Gauhati High Court Agartala Bench in E.P. I had secured 198335 votes as against the appellant who had secured 1,42,990 votes. 1 was disqualified for being elected as a member or the House of People as he held an office of profit under the Government of Tripura within the meaning of Article 102 t a of the Constitution. On 6th January, 1980 the polling was held and the result of the election was declared on 8th January, 1980. Such Commissioners shall be a body companyporate by the name of the Municipal Commissioners of the place by reference to which the Municipality is known, having perpetual succession and a companymon seal, and by that name shall sue and be sued. Proviso ii to Section 66 2 of the said Municipal Act provides that numberappointment carrying a monthly salary of more than two hundred rupees or a salary rising by periodical increments to more than two hundred rupees shall be created without the sanction of the State Government, and every numberination to, and dismissal from, any such numberination shall be subject to companyfirmation by the State Government. The effect of Section 554 of the said Act is that during the period of supersession the powers and duties of the Commissioners and Chairman shall be exercised and performed by the Administrator appointed by the State Government under that section. Nominations were scrutinised on 11th December, 1979 and the withdrawal date was 13th December, 1979. 8th December, 1979 was the date of filing of the numberinations. The State Government thereafter had companyfirmed the order of dismissal. There were six candidates including the petitioner companytesting the said election. 1, Ajoy Biswas. 1724 of 1982. 1 was declared elected. I was reinstated and it was further provided that the period between the date of dismissal all the date of reinstatement would he treated as period spent on duty for all purposes. 2 of 1980. 1 was a P.I. 7 Ramnagar Assembly Segment. On the relevant date, respondent No. The only point on which the election petition by the appellant petitioner was pressed before the High Court and the only point urged before us in this appeal, is whether the respondent No. As a result, the cancellation order ceased to be effective and respondent No. K. Garg and S.C. Birla for the Respondent. This appeal arises out of the judgment and an order of the Gauhati High Court in an election petition. L. Sanghi, S K. Nandy and S. Parekh, for the Appellant. The main companytest was between the petitioner appellant and the respondent No. M candidate. It is necessary to briefly numbere some of the relevant provisions of the said Act in view of the companytentions urged in this appeal. The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J. 80 180 per month. The respondent No. Respondent No. The appellant therefore preferred the appeal to this Court. CIVIL APPELLATE JURISDICTION Civil Appeal No. No.
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1984_348.txt
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Should a marriage which is otherwise dead emotionally and practically be companytinued for namesake is the issue for companysideration in this appeal. The Judgment of the Court was delivered by M. SAHAI, J.
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1995_17.txt
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37,43,520 as his agricultural income. The Agricultural Income tax Officer of Darbhanga by his order dated December 28, 1945 accepted this companytention, and exempted the amount from payment of agricultural income tax. This appeal, with the special leave of this Court, has been filed by Maharajadhiraja Sir Kameshwar Singh of Darbhanga hereinafter referred to as the assessee against the judgment of the High Court of Patna dated February 19, 1952, by which the High Court answered in the affirmative the following two questions referred to it under s. 25 1 of the Bihar Agricultural Income tax Act, 1938 Whether in view of the circumstances of the case, and particularly the manner in which, after due companysideration, the learned Agricultural Incometax Officer in his first judgment dated the 5th January, 1946, had held that the assessee was number liable to be assessed for the receipt on account of the zarpeshgi lease, the learned Agricultural Incometax Officer has jurisdiction to revise his own order under s. 26 of the Act and Whether if he had the jurisdiction to revise his own order, under section 26 of the Act, the income from the zarpeshgi lease of the assessee was taxable under the Act. 9,42,137 3 10 1/2 on account of land revenue, rent etc.,
2,82,192 shown to have been paid to the Tekari Raj from which two leasehold properties were taken on zarpeshgi lease by indentures dated August 15, 1931, and January 31, 1936, respectively. For the assessment year 1944 45 which companyresponded to the year of account 1351 Fasli, the assessee returned Rs. On February 8, 1944, the Income Tax Officer passed an order in pursuance of which proceedings were taken against 1 1955 2 S.C.R. Sen, S. K. Majumdar and I. N. Shrojj, for the appellant. C. Setalvad, Attorney General for India, B. K. Saran and R. C. Prasad, for the respondent. The amount was sought to be deducted as a capital receipt. 290. 244 of 1949. 254 of 1954. Appeal by special leave from the judgment and order dated February 19, 1952, of the Patna High Court in Misc. He claimed a deduction of Rs. The facts of the case lie within a very narrow company. The Judgment of the Court was delivered by HIDAYATULLAH J. May 15. CIVIL APPELLATE JURISDICTION Civil Appeal No. Case No.
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1959_20.txt
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The petitioner is involved in a murder case and was taken into custody on 21 2 1988. The impugned order has been passed on a bail application filed by the petitioner. The order reads thus Heard companynsel for the parties.
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1999_156.txt
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No.41 to respondent number1 shown as Sl. Respondent number1 assailed the seniority lists dated 26.5.2000 and 31.5.2000 before the Tribunal in OA No. He was permitted to join by grant of further time and companytinued as senior to respondent number1 as shown in various seniority lists, and there was numberchallenge to any of them, at the appropriate point of time. Seniority lists were periodically prepared and circulated on 28.3.1989, 13.5.1993 and 27.5.1996 where the appellant was shown as senior to respondent number1. the selected candidate was to join the duty on or before 12.7.1987. Obviously, he has to be treated necessarily as senior to the respondent number1. The appellant was granted extension upto 31.7.1987 to join. Appellant and Respondent number1 and others responded to the advertisement. During pendency of the matter before the Tribunal, the Government issued GOMs No.14 dated 29.1.2001 showing respondent number1 as senior to the appellant in the seniority list. For more than a decade, respondent number1 did number question that position. It was further stipulated therein that in case they did number join within stipulated time, their names companyld be removed from list of selected candidates. Subsequently on 31.5.2000 provisional seniority list of DTCs was published as indicated above. Admittedly, the appellant joined in the year 1987 and after more than a decade it was number open to respondent number1 to question the propriety of the extension of time given by the State Government enabling the appellant to join within the extended time. Respondent number1 approached the Tribunal only at this stage making a grievance that his representation regarding fixation of seniority was number being disposed of. Appellant questions companyrectness of the judgment rendered by a Division Bench of the Andhra Pradesh High Court which by the impugned judgment held that respondent number1 was to be ranked senior to the appellant in the seniority list. On 25.6.1987, the Government vide its memo dated 25.6.1987 extended the joining time and permitted the appellant to join duty on or before 31.7.1987. On 13.5.1987 appointment order was issued to the appellant and other selected candidates including respondent number1 after they were successful in the selection process companyducted by the Commission. The view taken by the Andhra Pradesh Administrative Tribunal at Hyderabad for short the Tribunal holding that the appellant was senior to respondent number1 was upset. No.14 as against 1st respondent shown as Sl. Appellant, indisputably was placed on the basis of merit performance in inter se ranking higher than the respondent number1. On 26.5.2000 a companybined list of RTOs was published as numbericed above, where the appellant was shown as senior at Sl. 822 dated 18.9.1967 made the position clear that if a person does number join within the stipulated time number only there was power to withdraw his selection but even if somebody had joined later, the fact that he did number join within the stipulated period of 60 days disentitled him from seniority. In the seniority list prepared on the basis of numberional dates given in G.O.M.S.No.153 dated 14.8.1997 was said to have been approved and companymunicated by Transport Commissioner in his proceedings dated 19.6.1995 also the appellant was shown as senior to respondent number1. In 1997, both the appellant and respondent number1 were promoted as Deputy Transport Commissioner and in the promoted post also, appellant was shown at Sl. In the appointment order 60 days time was granted to the appellant as well as other selected candidates to join the post i.e. It was held so since appellant did number join within the period of 60 days and thereby he lost also seniority to which he was entitled to on the basis of merit ranking. That being so, there was numberquestion of appellant losing his seniority fixed initially based on merit ranking. After a very long period it was number open to respondent number1 to turn around and say that the extension of time to the appellant was number in accordance with law. Respondent number1 questioned companyrectness of the Tribunals judgment by filing writ petition before the Andhra Pradesh High Court. It took numbere of the fact that Government had permitted the appellant to join by 31.1.1987, and in fact, he had joined on 21.1.1987. It is undisputed that both the appellant and respondent number1 were selected in the same selection and the appellant was more meritorious in terms of marks secured by him in the selection process and ranked above the 1st respondent and the inter se ranking and companysequent inter se seniority cannot be disturbed and rights flowing from such ranking cannot be denied merely because there was some delay in joining all the more so when such delay was only of 8 days and also on account of getting relieved from the Central Government, for reasons beyond his companytrol, which only seems to have weighed with the State Government to accord extension of time also. It also found numbersubstance in the plea that the date of joining would govern seniority if the companycerned employee had number joined within the time stipulated in the appointment order. Further the GO itself merely provided that in case a person does number join within the stipulated time, the effect was that his name is to be removed from the list of selected candidates, except in cases where the Commission companysiders that there are valid reasons for extending the period. The 1st respondent had numberinfeasible right to question the extension of time granted by the State Government and at any rate to question the same, at any time according to will and pleasure. There was numberchallenge to the same by the 1st respondent, at any of the relevant points of time. In reality the appellant joined on 21.7.1987. In the present case the name of the appellant was number removed from the list. It was companytended that power of extension was available only to the Commission and number the State Government. Learned companynsel for the appellant with reference to the order of the Government of Andhra Pradesh pointed out that the State Government itself, in his case had granted time upto 31.1.1987 and, in fact, the appellant had joined admittedly even before that date. Factual scenario which is also almost undisputed is as follows The Andhra Pradesh Service Commission for short the Commission issued an advertisement inviting application from eligible candidates to be appointed to the post of Road Transport Officer for short the RTO . memo number470 dated 10.10.1991 appellants services in the post of RTO were regularized. The long lapse of time and laches on his part disentitles the 1st respondent to claim any such relief at the belated stage almost after a decade. Therefore, he made a request to the Government of Andhra Pradesh to extend the time as per clause 3 for joining the duty in terms of appointment order. 822 GA Services Department dated 18.9.1967 the High Court accepted respondent number1s stand and directed that he is to be treated as senior. Referring to Rule 33 b of the Andhra Pradesh State and Subordinate Service Rule 1962 in short the Rule , it held that the appointing authority may at the time of passing an order appointing two or more persons simultaneously to a service, fix the order of preference among them and when such order has been fixed, seniority is to be determined in accordance with it. At the relevant time, the appellant was employed with the Central Secretariat as Section Officer. Tribunal did number accept this plea. By order dated 17.5.2000 in OA No. 3381 of 2000. Relying on the prescription in GO.Ms. 2369 of 2000 the Tribunal directed the companycerned authorities to dispose of the representation said to have been made for relief. 2733/2003 ARIJIT PASAYAT, J. In any event, the effect of G.O.Ms. No.17. Leave granted. By Govt. Arising out of SLP Civil No.
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2004_42.txt
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four days thereafter the companypany filed a petition under article 226 of the companystitution before the high companyrt challenging the award. the companypany feeling aggrieved by the award filed with this companyrt a petition for special leave to appeal under article 136 of the companystitution the leave petition for short . in other words the high companyrt has no jurisdiction to grant rule nisi under article 226 in view of the withdrawal of the petition under article 136 of the constitution 2 the learned single judge has rightly dismissed the petition in limine under article 226 of the constitution in the exercise of his discretion on the ground that the leave petition based on the same companytention was unconditionally withdrawn. a dispute arose between the companypany and the said workmen in respect of seventeen demands raised by them through their union. thereafter the individual workmen filed a petition under article 226 of the constitution challenging the award without disclosing the fact that application for special leave made to the supreme court by the trade union had been rejected. the respondent union appeared and filed a companynter affidavit urging that the petition be dismissed in limine. that petition was virtually based on the same facts and grounds as were taken in the leave petition before this companyrt. the companypany thereafter moved a petition under article 133 of the companystitution for a certificate of fitness to appeal to the supreme companyrt which was granted by the high companyrt and this is how the present appeal companyes before us. relying on vasant vithal palse and ors. the writ petition was dismissed on the grounds 1 that the material facts had been companycealed and 2 that the leave petition filed by the trade union had been dismissed by the supreme court. a rejoinder affidavit was filed on behalf of the companypany. the preliminary objection which weighed with the high companyrt was repeated on behalf of the union respondent before the division bench in appeal with two companytentions 1 the unconditional withdrawal by the company of its leave petition in the circumstances found by the learned single judge is a bar to the companypetence of the court to entertain the petition under article 226 of the constitution. this objection prevailed with the high companyrt. in vasant vithal palses case supra the trade union filed an application for special leave to appeal to this court and the same was rejected. that case is also distinguishable on facts firstly because there is numberconcealment of facts in the present case and secondly the supreme companyrt in that case had dismissed the application for special leave. the appellant the ahmedabad manufacturing and calico printing company limited hereinafter called the companypany is predominantly a textile manufacturer but has also factories in bombay manufacturing heavy chemicals and engages about 750 workmen in three such factories. on the date of hearing three preliminary objections were raised on behalf of the union respondent. as much turns upon the order of this companyrt dated 21st of august 1972 permitting withdrawal it would be appropriate to quote the same upon hearing companynsel the companyrt allowed the special leave petition to be withdrawn. the dispute was referred to the industrial tribunal under section 10 2 of the industrial disputes act 1947.
out of the demands of the workmen the tribunal took up for companysideration only four demands that is demands number. the judgment of the companyrt was delivered by misra j. the present appeal by certificate is directed against the judgment dated 4th of july 1973 of the high court of bombay in a letters patent appeal arising out of a petition under article 226 of the companystitution. pursuant to a numberice the respondent union put in appearance and filed a companynter affidavit. the companypany filed a letters patent appeal but the division bench dismissed the same and companyfirmed the order of the learned single judge. he held that it was number a fit case for exercise of the courts discretionary power to admit the writ petition and accordingly dismissed the same in limine. it appears that after some arguments the appellant chose to withdraw the leave petition. the award was published on 20th of january 1972 in the maharashtra government gazette. d. damania b. r. agarwala and p. g. gokhale for respondents 1 2.
k. ramamurthy and jatinder sharma for respondent 3.
janardhan sharma for the interveners. civil appellate jurisdiction civil appeal number 1678 of 1973.
from the judgment and order dated 4.7.1973 of the bombay high companyrt in appeal number 142/72. the facts leading up to this appeal lie in a narrow compass. v. the indian hume pipe company limited and anr. john sri narain narayan b. shetya and m. mudgal for the appellant. 1 2 15 and 16 respectively for basic wages and adjustment dearness allowance gratuity and retrospective effect of the demands. s. nariman y. s. chitale o. c. mathur k.j. the tribunal gave its award on 30th of numberember 1971 and sent a companyy thereof to the parties. the second companytention was however accepted by the division bench. although the division bench discussed the first companytention but refused to decide it as it was taken for the first time before it in appeal. under the rules it was to be effective after one month of its publication in the gazette.
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dev
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1981_104.txt
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Contending that the said provision is violative of Articles 14 and 19 1 g of the Constitution of India as also Section 34 1 of the Advocates Act on the ground that it seriously impinges upon and usurps the powers of adjudication and punishment companyferred on the Bar Councils under the Act as also the principles of natural justice as application thereof is automatic, this writ petition has been filed by the Petitioner.
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2004_261.txt
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In that firm, in addition to Bhaichand Vora and Chhotalal Bhaichand, one Nathubhai Patel was also a partner. One Bhaichand Amolukh Vora, father of Chhotalal Bhaichand, started a firm in 1910, to work as principal agents for a number of insurance companypanies. Nathubhai Patel died in 1949, and it is stated that the firm thereafter companysisted of Chhotalal Bhaichand and his wife, Bai Lalitaben. Bhaichand Vora died in 1948, and the two surviving partners companytinued as the firm. By this deed, the partnership companysisted of three persons with shares as follows Bai Manibai mother of Chhotalal Bhaichand 5 annas in the rupee. In the years that followed, the business of the firm was treated as the sole business of Chhotalal Bhaichand to which numberobjection was taken, because, as is number explained, the income of the wife would, in any event, have been included in the income of Chhotalal Bhaichand under section 16 3 of the Income tax Act. Two minor sons of Chhotalal Bhaichand, Jayant and Harshad, were also admitted to the benefits of the partnership to the extent of 1 1/2 annas in the rupee, each. The case of the firm is that Chhotalal Bhaichand, realising that the business of principal agents was to companye to an end after the expiry of sever years, looked for other sources of employment and accepted a job as assistant manager of the New India Assurance companypany. The Income tax Officer by his order dated September 30, 1954, declined registration, holding that the firm belonged solely to Chhotalal Bhaichand had number made by formal transfer of the business to the new partners, that the deed stated that neither Khambatta number Premchand claimed any interest in the goodwill of the business, that there was numberconsideration for which Bai Manibai, the mother of Chhotalal Bhaichand the assessee , and his two minor sons became entitled to the income from the business, and that the reason that the goodwill was reserved for her because the business had been started by her late husband was fallacious. On further appeal to the Tribunal, the order of the Appellate Assistant Commissioner was, in its turn, set aside, and the Tribunal reached the companyclusion that Manibai and the two minor sons were number the real partners of the new firm, but that the partnership companysisted of Chhotalal Bhaichand and two others. Mr. Khambatta 3 annas in the rupee. This appeal with special leave has been filed by Messrs. Bhaichand Amolukh Co. referred to in this judgment as the firm against the judgment and order of the High Court of Bombay, by which the High Court asked for a reference on question of law but declined to include therein a question or questions which, the firm companytended, also arose out of the Tribunals order. 67 of 1950, from appointing, or transacting any insurance business in India through a principal agent. He withdrew from the firm, and the old firm was reconstituted from January 1, 1953, though the deed of partnership was executed on April 22, 1953. On appeal to the Appellate Assistant Commissioner, registration of the firm was ordered. Mr. Premchand D. Parikh 3 annas in the rupee. In June 1950, the Insurance Amendment Act, 1950 No. The firm then applied for a reference of the questions arising from the Tribunals order, and suggested as many as 18 questions. 67 of 1950 , came into force, which amended the Insurance Act 1938 No. The Tribunal, in spite of this finding, restored the order of the Income tax Officer. 4 of 1938 , by adding a new section 42B by which the insurers were prohibited after the expiration of seven years from the companymencement of Act No. Contracts between an insurer and a principal agent were also required to be in writing, and the model terms companytained in Part I of the Sixth Schedule to the Act were to be deemed to be incorporated in and form part of every such companytract. Hidayatullah, J. The facts leading up to the appeal may be stated shortly.
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1960_121.txt
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Both Shri Gopal Subramanium, learned Senior Counsel and Shri Gopal Sankaranarayanan, learned companynsel have rendered their valuable assistance to this Court which assistance is being acknowledged by the Court at the very outset of the present order.
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2018_238.txt
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It is pointed out by learned Counsel for the assessee that Item 40.09 includes tubes, pipes and hoses designed to perform the function of companyveying air, gas or liquid 4009.92 as also other tubes, pipes and hoses 4009.99 . These are rubber sheets wrapped on malleable steel shells by a wrapping machine. This is an appeal against the judgment and order of the Customs, Excise and Gold Control Appellate Tribunal relating to the classification of what are known as rice rubber rolls. P. Bharucha, J.
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1997_249.txt
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1 and 6 and Mohar Singh, who was in occupation of Plot No. Ever since the thekedar received yearly rents from Harnam Singh and Mohar Singh, as they were his tenants or lessees. Smt Khema Kunwar, who did number dispute the fact that Harnam Singh and Mohar Singh were occupants of the Plot Nos. 1063 to Mohar Singh, the appellant in CA No. No sooner Ganga Singh got possession of the said Sir lands under the thekanama from Smt Khema Kunwar, he as thekedar, leased Plot Nos. In the year 1960, when Harnam Singh, who was in occupation of Plot Nos. 1063, from the year 1940 paying annual rents as tenants to thekedar, Ganga Singh, found that they were shown as Asamis in respect of the said plots in the Basic Years Records, they filed objections under Section 9 of the Uttar Pradesh Consolidation of Holdings Act, 1953 the UPCH Act before tile jurisdictional Consolidation Officer, claiming that they should be shown in Basic Years Records as Adhivasis respecting plots in their occupation. The Consolidation Officer by his judgment and order dated 26 9 1961 dismissed the objection raised by Hamam Singh and Mohar Singh. 1 and 6 to Harnam Singh, the appellant in CA No. That on 18 11 1933, Smt Khema Kunwar, Respondent 1 in these appeals, as the widow of Nathu Singh succeeded to his Sir lands Plot Nos. 1, 6 and 1063 companytested their claim for recording them as Adhivasis of those lands in Basic Years Records. 143 of 1976, on yearly rents and put them in possession of those plots in the year 1940 for their cultivation. The United Provinces Tenancy Act, 1939 the UPT Act when came into force on 19 1 1940 the appellants were in occupation of those plots of lands as tenants and cultivating them by paying rents to the thekedar. 142 of 1976 and Plot No. That order, when was carried in appeals by Harnam Singh and Mohar Singh before the Assistant Settlement Officer, their claim for recording their names in the Basic Years Records as Adhivasis was upheld by his Judgment and order dated 13 6 1963. It is that companymon judgment and order of the Division Bench of the High Court which has been impugned by Hamam Singh and Mohar Singh by filing the present appeals by special leave. 948 949 of the a question of somewhat importance, which arises for our decision, is as to whether a widow belonging to a class of disabled persons under Section 157 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 the UPZA LR Act companyld be regarded as a landholder envisaged under Section 21 1 h respecting her Sir lands, which a thekedar under a thekanama executed by her had let out for occupation and cultivation by tenants prior to 9 4 1947 and which were allowed by the thekedar to companytinue in such occupation and cultivation on 9 8 1947, by receiving yearly rents from the tenants. That on 12 12 1939, she executed a thekanama in favour of one Ganga Singh, by which he was put in physical possession of the said Sir lands, enabling him as a thekedar number only to cultivate those lands personally for over a period of twenty years subject to payment to her theka money of Rs 355 per annum, but also to lease them for cultivation to tenants and receive annual rents from them during that period. Smt Khema Kunwar, although impugned the order of the Assistant Settlement Officer in her appeal filed before the Deputy Director of Consolidation, and in her revision filed before the Joint Director of Consolidation, she did number succeed. 1, 6 and 1063 among others, of Village Barai M. Khara, Pargana Ujhani, District Budaun. But her special appeals file against the said companymon judgment and orders of the learned Single Judge before the same High Court were allowed by a companymon judgment and order dated 8 12 1972 of a Division Bench of that Court, upholding her companytention that the appellants herein were Asamis under Section 2 1 1 h of the UPZA LR Act and number Adhivasis under Section 20 1 b thereof. In these appeals by special leave directed against the companymon judgment and order dated 8 12 1972 of a Division Bench of the High Court of Allahabad, rendered in Special Appeal Nos. So also she did number succeed in her writ petitions filed in the matter before the High Court of Allahabad, in that a learned Single Judge of that Court dismissed those writ petitions by his companymon judgment and orders dated 4 9 1967. The Judgment of the Court was delivered by VENKATACHALA, J. Material facts which have led to the need to decide the said question in the present appeals, companyld be stated thus.
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1994_999.txt
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Kacheri Amson, AND B Party, Sekharan, aged 60 years, son of Thaikandy Gopalals, Amarasseri Amson Desom. After the dispute had arisen, there Was an agreement entered by the first defendant and the respondent in the presence of the Sub Inspector of Police which formed part of the agreement, which reads as under Agreement executed BETWEEN A PARTY, Rajendran, 42 years, son of Manikooth Kombra Chalil Damodaran. He was impleaded as the first defendant in the suit laid for recovery of the possession on the ground that after the sale there was an companytemporaneous agreement to permit the respondent to remain in possession for a period of four months and on expiry thereof, he was to surrender his possession. Whereas A party had given a companyplaint before the Kakkur Police Station upon the B Party number acting in accordance with the agreement whereby the Parammel property owned by B party had been sold to A party, and whereas both parties spoke under the mediation of the station Sub Inspector and Whereas the parties have jointly agreed to the terms stated below and have accordingly executed this agreement in the presence of the witnesses who have signed below this the 4th day of January, 1983 and retained one companyy each of this agreement. A/4, was issued on December 10,1982 and on his failure to vacate the same, suit was laid for recovery of possession. The admitted position is that one T. Sekharan was the owner of the property. Since the first defendant died, the appellants were brought on record as party defendants to the suit. The trial Court decreed the suit accepting that Ex A 2 is a sale and the appellants are liable to surrender possession as sub lessees. It is their case that the respondent is a money lender and the property sold was to obtain a loan and he had obtained the sale deed as a companylateral security for repayment of the loan of a sura of Rs. Since he had number surrendered the possession, numberice Ex. He sold 17 cents of land under Ex. A 2, dated 14.7.1982. 20,000. In the appeal, the appellants raised the issue regarding the agreement referred to hereinbefore and sought to place this document as an additional evidence under Order 41, Rule 27 CPC etc, The appellate Court rejected the same. In the second appeal, the High Court has dismissed the appeal companyfirming the decree for possession. It is agreed. 1996 SUPP. 1 SCR 624 The following Order of the Court was delivered Though the respondent has been served, he is number appearing either in person of through companynsel. Thus, this appeal by special leave. Leave granted.
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1996_2162.txt
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By a Memorandum dated February 1, 1958 the Settlement Commissioner informed respondents 1 that since the auction price as to be adjusted against companypensation due to them an effort was made to determine such companypensation. 13,04,000 was adjusted and the second giving particulars of adjustments of sale price. Bhutto was declared an evacuee and on July 6, 1949 the said premises were declared evacuee property and vested in the Union Government under tt e displaced persons Compensation and Rehabilitation Act, 44 of 1954 hereinafter called the companypensation Act . Respondents 1 were declared the highest bidder for Rs 13,04,000. The certificate was issued in the form prescribed by the Displaced Persons Compensation and Rehabilitation Rules 1955 framed under Section 40 of the Compensation Act. In so holding the Appellant Bench was of the view that the title to the property was transferred to Respondents 1 with effect from the date when the auction price was adjusted against the companypensation payable to them and their said associates, and that therefore, the title passed to Respondents 1 before the date when the suit was filed. Memorandum, nevertheless, authorised Respondents 1 to realise arrears of rent as also rent as it became due and to carry out repairs for the maintenance of the premises as may be necessary. The Bench relied on the certificate issued in the form provided in appendix XXII to the said Rules which was the form substituted for the old form with effect from October 29, 1956 and which companytained the declaration that Respondents 1 had become purchasers with effect from May 1, 1956, and thus was validly filed in the Small Causes Court. The Memorandum further stated that as the property was in possession of tenants, Respondents 1 companyld get physical possession only if the tenants were number protected under Section 29 of the Compensation Act. The principal companytention of the appellants was that Section 4 of the Bombay Rents, Hotel and lodging House Rates Control Act LVII of 1947 hereinafter referred to as the Rent Act exempted inter alia properties belonging to the Government from the applicability of the Act, that as the property in question still vested in the Cen tral Government on February 19, 1960 when the suit was filed inasmuch as it was only provisionally transferred to respondents 1 by the said memorandum and was finally transferred only when the certificate of the sale was issused, the small Causes Court, as the Rent Court under the Rent Act, had numberjurisdiction to entertain or try the said suit. On December 31, 1955 the said promises were auctioned as evacuee property by the Regional Settlement Commissioner when. They were, however, number to them sell, mortgage or lease the property as the transfer was made to them on a provisional basis until net companypensation due to them was finally determined and adjusted against the price and full and final rights of ownership are transferred to you and certificate of sale is issued. During the tendency of the suit the managing officer issued to respondents 1 a certificate of sale dated July 21, 1963 declaring them to be the purchasers with effect from May 1, 1956. Respondents 1 companyld get symbolical possession of the premises, as they were in occupation of the appellants, who were said to be in possession as the subtenants of Respondents 2. 1948 Bhutto gave a lease of these premises to the 2nd Respondents for a period of 35 months. Thereupon the appellants filed the High Court two revision applications against the said order and the High Court rejecting them held that Respondents 1 had become owners as from May 1, 1956 as declared by the certificate of sale, that though the new form in Appendix XXII came into force after the said auction sale, it was numberetheless applicable as it was only procedural, that Respondents 1 must be held to have become the owners before the suit was filed, and companysequently, the exemption in Section 4 in 4 of the Rent Act did number apply. On the Jan. 27, 1956 the Regional Settlement Commissioner accepted the bid of Respondent 1, and as they were displaced persons, he called upon them to file companypensation applications for themselves and for their association, if any, within 7 days. Respondents 1 were told that if that was number done, 10 of the bid offered by them would be deducted from the net companypensation due to them as provided by the indemnity bond executed by them at the companyclusion of the said auction. The certificate was accompanied by two annexures, the first giving the names Respondents 1 and their 13 associates against whose claims the auction price of Rs. Prior to July 6, 1949 one Zulfikar AH Shah Nawaz Khan Bhutto was the owner of the lease hold plot No. It also stated that henceforth Respondents 1 would be responsible for the safety, repairs and maintenance of the property as also for municipal rates and taxes thereon. 200 situate at Backbay Reclamation, Bombay, whereon stands a building in which Astoria Hotel is being companyducted. On February 19 1960 they filed the suit, from which this appeal arises, against Respondents 2 in the small Causes Court Bombay, to which later on the appellants were added as party defendants. But as it was found that process would take some time it was decided to transfer possession of the property to them on a provisional basis. On December 30, 1958 and again on April 24, 1959, Respondents 1 serve numberices on Respondents 2 terminating their tenancy on several grounds including that of subletting. 3 Both the Trial Court and Appellate, Bench of the small Causes Court negatived the appellants companytention and held that Court had jurisdiction. The rejection of the appellants companytention as to the number maintainability of the suit in the Small Causes Court by the High Court is challenged in this appeal filed under special leave granted by this Court. Shelat, J. Before the Trial Court 4 preliminary issues were raised. On June 22.
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1969_114.txt
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Land Eviction and Recovery of Rent and Damages Act, 1959 here inafter called the Eviction Act on the appellant for his eviction from this land on the ground that he was in its unauthorised occupation. On these premises, the appellant companytended that the land was number public land, and as such, the Eviction Act has numberapplication and the numberice was illegal. Against this order of the Public Authority, Jai Dutt carried an appeal under Section S of the Eviction Act to the District Judge. 3277 of 1966 decided on 13 2 67 was applicable to the case and the land in dispute will be public land and the possession of the appellant unauthorised. The appellant companytested the numberice on the ground that he was in its possession for more than 12 years and had acquired the rights of a hereditary tenant in the land under Section 180 2 of the U.P. Nainital. Tenancy Act, 1939 for short, called the Tenancy Act . The appeal was heard by the Additional District Judge, Kummaon Nainital, before whom the appellant reiterated the companytention that he had been in possession of the land in question for the preceding 12 years, and as such, had acquired the rights of a hereditary tenant thereon. Tenancy Act before 1953. 1 He, however, sought to make out these points The appellant had been in cultivatory possession of the land for a number of years and numberaction for his eviction was taken for a long time and since numbersteps were taken by the Government to evict him evict two years of his entry into possession, he became a here ditary tenant under Section 180 2 of the Tenancy Act. Jai Dutt, appellant, was in possession of public land bearing Survey Nos 230, 131A and 131B, with an aggregate area of 80 Bighas and 19 Biswas in the area of village Guljarpur PurraamSingh, Tehsil Kala chungi, Distt. The Public Authority further assessed Rs. District Judge, inter alia, on the ground that since he had been paying rent for the land which has been in his cultivating possession for a number of years preceding the eviction proceedings, he companyld number be said to be all unauthorised occupant, but a hereditary tenant under Section 180 2 of the Tenancy Act The learned Single Judge of the High Court, who heard the writ petition, rejected this companytention with the observation that the Khatauni of 1368 Fasli entered the petitioners possession over the disputed plots as ranging from 1 to 6 years. appellant herein is a trespasser thereon, and he is, therefore, liable to be evicted therefrom under Section 4 1 of the Eviction Act. The petitioner, therefore, did number acquire any title under Section 180 of the U.P. The Public Authority, Nainital served a show cause numberice, dated August 26, 1963, under Section 3 1 of the U.P. By its order dated October 31, 1963, the Public Authority dismissed the objections, holding that the appellant has number filed any documentary evidence to show that the land in dispute was allotted to him by a companypetent authority, while the documents filed on behalf of the State show that it is a public land and the O.P. In the meantime, the Eviction Act was successfully challenged before the High Court in Writ Petitions 3755 and 3756 of 1962 which were decided on May 24, 1968. There, the appellant seems to have further companytended that he had been paying rent for his occupation of the land He appears to have shown some receipts also to the Additional District Judge. 20,000/ and the question of the Constitutional validity of the Eviction Act, the High Court granted a certificate under Article 133 l a and c of the Constitution, that the case was fit for appeal to this Court. Mr M. S. Gupta, appearing for the appeal, has number given up the challenge to the Constitutional validity of the Eviction Act on the ground of its being violative of Article 14 of the Constitution, because this ground of attack numberlonger survives in view of this Courts judgement in Maganlal Chhagganlal v. Municipal Corporation of Greater Bombay ors. The appellant then filed a writ petition under Article 226 of the Constitution before the High Court to impugn the orders of the Public Authority and of the Add. 352/67. The oral evidence led by the petitioner does number outweigh the force of the entries in the Khatauni. This is an appeal by certificate against a judgment, dated July 28, 1967, passed by the High Court of Allahabad in Special Appeal 352 of 1967. 12/ as damages payable by the appellant. The Additional District Judge negatived all the companytentions and dismissed the appeal. The appellants special Appeal was dismissed by a Division Bench of the High Court on July 28, 1967. In the result, the writ petition was dismissed with companyts. Hence, this appeal. From the Judgment and order dated 28 7 1967 of the Allahabad High Court in Special Appeal No. S. Gupta for the Appellant. 484 of 1969. N. Dikshit and O. P. Rana. The Judgment of the Court was delivered by SARKARIA, J. Keeping in view the value of the subject matter which exceeded Rs. W.P. CIVIL APPELLATE JURISDICTION Civil Appeal No. It arises our of these fact. for the Respondents. No.
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1978_410.txt
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Randhawa and Hardev Kaur opposed to such amendments. Randhawa and Hardev Kaur were obviously unhappy with the development. Hardev Kaur was allowed to attend meetings of the Trust. 22108 CII of 2006 for transfer of Suit No. 22108 CII of 2006. ,
In September, 2002, elections were held and Gurcharan Singh was again elected as the Chairman of the Trust. Having failed to get relief sought in interim application, Hardev Kaur and B.S. S. Randhawa and his wife Hardev Kaur raised protest against the said election. In December, 2002, Gurcharan Singh, Chairman of the Trust sought certain amendments in the Constitution of the Trust which were approved by majority though B.S. Ms. Japneet Kaur was numberinated as trustee being daughter of late Gurcharan Singh and she also started attending meetings of the Trust. Asha Kondal, Civil Judge Sr.
Dvn. On June 21, 2003, Gurcharan Singh, Chairman of the Trust was murdered while he was taking stroll in a park along with the appellant. In view of death of Gurcharan Singh, election of the Chairman was again held on July 23, 2003 and the appellant was unanimously elected as the Chairperson. Randhawa filed another suit, i.e. 506 of 2003 from the Court of Smt. B.S. Though the appellant was duly elected as Chairperson of the Trust, she was wrongly described as Trustee and it was stated by the plaintiff that they were in charge and in management of the Trust. the present suit in October, 2003 in the name of Kandi Friends Education Trust through its so called General Secretary Jaspal Singh. Randhawa, who was one of the Trustees, was arrested as the main accused and was charged for companymitting murder of Gurcharan Singh. Hardev Kaur, hence, filed a suit on July 25, 2003 for a declaration that all proceedings companyducted by the defendants in the Meeting dated July 23, 2003 in which the appellant was elected as the Chairperson were illegal, null and void and liable to be set aside. 506 of 2003 pending in the Court of Smt. Asha Kondal, Sub Judge, Sr. 14 of 2006 in the District Court, Ropar for transfer of suit from the Court of Smt. Jaspal Singh also filed a transfer application No. It was inter alia alleged in the Transfer Application that though the suit was instituted in 2003 seeking injunction against the defendant appellant herein and others, it was pending even in November, 2006. In the suit, the appellant herein was impleaded as defendant No. On June 4, 2005, one more suit was filed by Jaspal Singh for declaration and permanent injunction against the appellant. A declaration was sought that the resolution dated October 14, 2003 adopted by the defendants was illegal, null and void. Asha Kondal to the Court of Shri A.S. Garewal, which was, however, dismissed as withdrawn. On November 2, 2006, the Trust filed an application under Section 24 of the Code in the High Court of Punjab Haryana being Civil Miscellaneous No. Other interim reliefs were expressly refused. Rathore, Additional Civil Judge Sr.
Dvn. 21147 OF 2006 K. THAKKER, J. 271 of 2003 was registered on the same day at Mohali Police Station. Along with the plaint, the plaintiffs filed an application under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure, 1908 hereinafter referred to as the Code for interim relief, but only limited interim relief was granted and the plaintiff Smt. ,
Ropar to the Court of Sh. Consequential reliefs were also prayed. In interim injunction, only status quo was ordered to be maintained by the Court. It was further alleged that there was lot of local pressure which had led to delay and it had given advantage to the defendants as they were in power and were trying to protract the proceedings. By the said order, the High Court of Punjab Haryana transferred Civil Suit No. On January 5, 2007, numberice was issued by this Court and further proceedings in the suit were stayed. Certain other reliefs were also claimed. This appeal is directed against the judgment and order dated November 17, 2006 in Civil Miscellaneous No. The appellant herein filed detailed reply to the application companytending that false and scandalous allegations have been levelled by the plaintiff against the defendants which were number companyrect. It was asserted that the Institution was one of the most prestigious institutions in the area and lots of funds were generated as there were several students. Hence, the Committee members who were in office were trying their level best to stall the proceedings by using various tactics. It was also stated that though the term of the appellant expired on August 31, 2005, she companytinued to be in power simply because numbercase filed against her was decided either way. Accordingly, by the impugned order, the suit was transferred and a direction was issued to decide the matter expeditiously by giving two opportunities to each of the parties spread over a period of six months. Y.S. More than three years had passed and yet there was numbermuch progress in the case. F.I.R. SPECIAL LEAVE PETITION CIVIL NO. The aforesaid order is challenged by the appellant in the present appeal. Leave granted. No.
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2008_18.txt
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2545/96, 2812/96, 3086/96, 2963/96 and 4918/97 respectively. 2545/96, 2675/96, 4726/97 646/97 and 2963/96. 3147 3150/98 and they arise out of CWPs. 2543/96, 2675/96, 4726/96 646/97 and 2963/96 were filed by the general candidate officers of the Rajasthan Administrative Service for short R.A.S. 3086, 6208 and 4918/97 respectively. 2812/96, 3086/96, 6208/96 and 4918/97 were filed in the High Court by the general candidate officers of the Rajasthan Police Service for short R.P.S. The Civil Appeals arising out of SLPs 9185 88/99 have also been filed by the State of Rajasthan and arise out of CWPs. The Civil Appeals 2866/98, 2867/98, 2868/98, 3282/98, 4084/98 have been filed by the reserved candidates and arise out of DB CWPs. Civil Appeal 3935/98 is filed by the general candidates and arises out of CWP. The State of Rajasthan has filed C.A. All the Civil Appeals arise out of the judgment of the Rajasthan High Court in a batch of writ petitions. challenging the mode of implementation of Rules 8 and 33 of the Rajasthan Administrative Service Rules 1954. 3080/96. All the eight writ petitions were filed in the High Court by the general candidates. JAGANNADHA RAO, J. DELIVERED BY JAGANNADHA RAO,J. Civil Writ Petitions Nos. Similarly, the D.B. The High Court has disposed of all the writ petitions by a companymon judgment dated 2.4.1988. Decision of the High Court The High Court took up CWP. seeking modification of the seniority list. Nos. Leave granted in the special leave petitions. There are three sets of appeals.
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1999_653.txt
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To encourage friendly feeling and good relations amongst the sugar mills in general and the members in particular and also between producers of sugar and cane growers, distributors of sugar and other dealing with sugar mills and companynected with sugar industry. The companymon question arising for decision in these four appeals is whether the income derived by the respondent, Indian Sugar Mills Association, from its sugar export division is exempt from tax under sec. The Indian Sugar Mills Association, hereinafter referred to as the Association, which has its office in Calcutta is a Trade Union registered under the Trade Unions Act, 1926 any individual, firm or companypany owning or managing a sugar mill or factory is eligible for membership of the Association. are as, follows To promote and protect the trade, companymerce and industries of India and in particular, the trade companymerce and industries companynected with sugar. 4 3 i of the Income Tax Act, 1922. 66 1 of the Income Tax Act, 1922 Whether on the facts and circumstances of the case and on proper companystruction of the Rules and Regulations of the Association, the Tribunal was justified in holding that the in companye of the Association derived from the business of export of sugar and interest from current and fixed deposits were number exempt from tax under section 4 3 i of the Indian Income tax Act, 1922? At the instance of the Association the Tribunal referred the following question to the High Court at Calcutta under sec. From the judgment and order dated the 11th July, 1969.
of the Calcutta High Court in Income Tax Reference No. These four appeals preferred by the Commissioner of Income Tax, West Bengal III, Calcutta, with certificate granted by the High Court under section 66A 2 of the Income Tax Act, 1922 are directed against the judgment of the High Court disposing of the reference and relate to the assessment orders made in respect of the aforesaid four years. The Income tax Officer, the Appellate Assistant Commissioner and the Tribunal all rejected the claim though number exactly for the same reasons. 1225 to 1228 of 1970. P. Khaitan, B. P. Mahesawari and Leila Seth, for the respondent. years are 1958 59, 1959 60, 1960 61 and 1961 62 for which the previous years are respectively the calendar years 1957, 1958, 1959 1960. Sea and D. Pal, R. S. Tahore, 6. T. Desai, J. Ramamurthi and R. N. Sacthey, for the appellant. 213 of 1966. The assessment. The Judgment of the Court was delivered by GUPTA J. CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
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1974_324.txt
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Notification under section 4 of the Land Acquisition Act was issued acquiring a large extent of 387.50 acres of land for submergence of Barna Dam irrigation project in the State of M.P. The Land Acquisition Officer by his award dated 5.9.1969 awarded companypensation to the appellant. The State Legislature of M.P. Petition No.484 of 1987, dated 5.1.1988. Thereafter, it would appear that the appellant had received the companypensation granted by the Land Acquisition Officer without protest but, according to the appellant, it was under protest. By order dated 20.6.82, the District Judge rejected the re vision. The lands of the appellant were also required. From the date of the order of the L.A. Collector till date of filling the writ petition more than 10 years have elapsed. This appeal by special leave arises from the order of the High Court of Madhva Pradesh at Jabalpur in Misc. amended clause b of sub s. 2 of sec. Be it as it may, on the rejection of the reference, the appellant filed a revision before the District Judge in 1982. On that ground the High Court refused to grant the relief.
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1995_78.txt
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The Society then applied to the Government of Orissa for grant of land for companyducting these pujas and religious festivals. The members of the Society were then 67. The Society then filed O.A. The Society was declared as the hereditary trustee. In 1965, the Durga Mandap was companystructed. Accordingly the Society in question was registered on 21.1.1960 and the Government was moved for lease of this very land for religious purposes. On 2.6.78, Deities of Sri Bhubaneswar and Bhubaneswari were installed in the companystructed temples 1 and 2. On 27.5.78, the Society informed him that there was numberdeity, either Radha Krishan or Durga installed in the premises. In 1973, it is said that a Puja Mandap was companystructed. For that purpose, it was decided to register a Society. On 29.10.78, the Societys Secretary wrote a letter to the Commissioner, HRE denying that the institution was a religious institution. Donations were being received for the aforesaid purposes from public as is clear from Exhibit F. With a view to have a permanent place for these pujas, a group of persons from among the organisers of these festivals and pujas, formed into the Durga Puja Samithee and registered it as a Society on 21.1.1960 under the Societies Registration Act, 1860 Act 21 of 1860 with a Memorandum of Association which included cultural and other activities also besides religious activities. 2 to 4, the Deities Sri Bhubaneswar, Sri Bhubaneswari and Sri Hanuman. F was issued to the public to companytribute generously for the deities and the temples. There were two appeals FA No.17/84 and FA 20 of 1984 to the Deputy Commissioner, one by the Hindu Public and the other by the Society. were companystructed. Thereafter, the Assistant Commissioner passed an elaborate order on 6.3.1981 declaring the temples in which the deities were installed, as a public temple. During 1969 1970, shop rooms were companystructed and in the same year temples for Hanuman, Radha Krishan, Durga etc. The following are the facts In 1949, a group of persons started Durga Puja, Laxmi and Kali Puja and related festivals in Bhubaneshwar near the Raj Mahal Chhat. Later, at any rate from 1955, these religious festivals and pujas were shifted to an open place belonging to Government, opposite to the Market building. According to the appellants, this Appeal to the public clinchingly proves that the entire leasehold land was intended to be and was used as a religious endowment. In 1965, companystruction of the Durga Mandap took place on the leasehold property. Initially they were being companyducted by the members of the public of Bhubaneswar at Raj Mahal Chhat. Later on, at any rate from the year 1955, a companymittee was formed and these Pujas and festivals were being performed on government land lying opposite to the Market building. Civil Appeal No.2546 of 1992 has been filed by the Hindu Public through their representative Sri K.C.Malla, Advocate Bhubaneshwar, Orissa. At that stage, on 30.9.78, the Governing Body is said to have amended the byelaws as per Ex.2A with the object of preventing the Endowment Department from interfering with the Society. The Deputy Commissioner, by order dated 30.12.1989, allowed the appeal of the Hindu Public and held that the temples as well as the remaining land and buildings were part of the endowment. Donations were being companylected from the public, as is clear from Ext. It is against the above orders of the High Court that the Hindu Public has filed Civil Appeal No.2546 of 1992 while the Society has filed Civil Appeals Nos. Civil Appeals Nos.2547 48 of 1992 have been filed by Rajdhani Puja Samithee hereinafter called the Society , on behalf of itself and also representing appellants number. Against the said order of the Deputy Comissioner the Society filed two appeals namely Misc. That appeal refers to the religious activities right from 1949. A lease was granted on 17.9.1960 for 30 years later amended as for 90 years . But so far as the remaining part of the leasehold land and the buildings thereon were companycerned, it was held that they were number part of the endowment. Thereafter these functions were regularly going on year after year in the leasehold land. Government of Orissa granted a lease on 17.9.1960 at Rs.1 as rent. Thereafter there were various orders passed by the Department and ultimately Writ petition No.774 of 1979 was filed by the Society on 8.9.80. That writ petition was disposed of by staying the order under section 27 and directing disposal of Societys application under section 41. During 1969 70 shop rooms were companystructed. On 2.8.1978, the Assistant Commissioner issued numberice Ext.25 directing the Endowments Inspector to inspect the premises and submit a report. A part of the land was acquired for a road and an equal extent was granted by deed dated 8.11.1977. Initially the lease was for 30 years but it was later extended for over a period of 90 years. He also held that the Samithi drasticalloy amended the provisions of the Samithis companystitution, during the pendency of the case, in an attempt to take away the religious character of the institution. Subsequently donations were received. The Assistant Commissioner passed an order on 12.1.1979 appointing number hereditary trustees under section 27 of the Act. In 1977, a part of the land was acquired for road widening but another piece of equal area was granted under a deed Exhibit 5 dated 8.11.1977. He further pointed out that for the first time people professing Islam or Christanity were inducted as members during 1980 long after the numberices were issued by the Assistant Commissioner. In that year, an informal Committee came into being. During this period, an appeal Ext. A Division Bench companysisting of Wadsworth and Venkataramana Rao, JJ. No.49/79 under section 41 for stay of the order of the order passed under section 27. A, printed annual report for the years 1973 and 1974 was approved at the General Body Meeting. It is, however, in the evidence of one of the witnesses who was a Muslim Ext. JAGANNADHA RAO,J. On 28.5.1974 as per Ex. The amendments were made with oblique motives. Appeals 88 and 89 of 1990. The said Advocate also figures as the 2nd appellant. These three Civil appeals arise out of the same judgment of the High Court and can be disposed of together.
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1999_114.txt
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All of them arrived with the injured Bhimanagowoda Desai at G.G. PW 1, PW 2 and PW 3 and others tried to save Bhimanagowoda Desai who after receiving injuries fell down on the ground. Prosecution case then was that thereafter PW 2, PW 3 and Bhimaraya lifted injured Bhimanagowoda Desai and took him in an auto rickshaw to the hospital and PW 1 followed them in another auto rickshaw. Bhimanagowoda Desai was standing on the katta of Civil Judges Court and was waiting for his case to be called out. 47 of 1984, in which trial proceeded against the other thirteen persons and the same in relation to Bhimanagowoda Desai was separated because he was absconding and numbered as Sessions Case No. Bhimanagowoda Desai was granted anticipatory bail and thereafter his trial proceeded and the date fixed for hearing of that case was 22.4.1989. Further prosecution case was that on 21.4.1989 at 9.30 pm Bhimanagowoda Desai along with his bodyguard Mallappa PW 3, Bhimareddy PW 1, Bhimaraya and Basavraja went to village Gulbarga for appearing in morning companyrt at Gulbarga on 22.4.1989 in the aforesaid Sessions Case No. On the way to the hospital the injured Bhimanagowoda Desai is said to have made an oral dying declaration before PW 2, PW 3 and Bhimaraya to the effect that he was assaulted by A 1, A 2 and A 3. On the next day, i.e., on 22.4.1989 Bhimanagowoda Desai along with the aforesaid persons, excluding PW 2, went to companyrt at 7.30 am to appear in the said case. Prosecution case in short was that one Siddanna Patil, who was father of A 1 and A 4, was murdered in the year 1983 in which Bhimanagowoda Desai and thirteen other persons were accused which gave rise to Sessions Case No. In the same evening one Sangappa PW 12 visited the house of one Nangouda at Shantinagar in Gulbarga town where he found that all the sixteen accused persons excepting A 8, A 10, A 11 A 12 were talking and he heard their companyversation in which A 4 was telling other accused persons to finish Bhimanagowoda Desai on the next day, i.e., 22.4.1989. The aforesaid thirteen persons were companyvicted by the Trial Court and their companyviction was companyfirmed by the High Court, against which Special Leave Petition was filed before this Court in which bail was granted and Bhimanagowoda Desai was instrumental in securing release of the aforesaid thirteen persons on bail from this Court. One day prior to the aforesaid date, i.e., on 21.4.1989 in the afternoon all the sixteen accused persons aforementioned met at the residence of A 11 at village Hadnoor and in the said meeting A 10 stated that as Bhimanagowoda Desai had secured bail of thirteen accused persons from this Court he should be done to death. Defence of the accused persons was that they were innocent, had numbercomplicity with the crime, numberoccurrence as alleged had taken place, the deceased Bhimanagowoda Desai might have received injuries in some other manner of occurrence and they have been implicated in the case in hand to feed fat the old grudge. Shivashranappa PW 10 went to the house of A 11, who was his neighbour, in the same afternoon at about 3.00 pm with an intention to meet A 10 and saw all the sixteen accused persons in the room and overheard their aforesaid companyversation whereafter the accused persons left the house of A 11. Between 7.45 am 8.15 am all the twelve known persons viz.,
A 1 to A 8, A 10 to A 13 and five to six other persons arrived there, out of whom, A 1, A 2, A 3, A 6, A 7 and A 13 ran towards Bhimanagowoda Desai with jambiyas in their hands and out of these seven persons A 1, A 2 and A 3 assaulted him whereas others caught hold of him. Surgeon PW 6 examined him and there he died at 8.45 am. Thereafter PW 2 also left for the companyrt and arrived there. During trial the prosecution adduced oral and documentary evidence and upon companyclusion of the same all the accused persons were acquitted of the charge but on appeal being preferred eleven accused persons have been companyvicted whereas acquittal of four accused persons has been maintained and appeal in relation to one accused abated in view of his death as stated above. 83 of 1988 and stayed that night in the house of his nephew Rudragouda PW 2. As such PW 27 returned to the police station at 11.25 am whereafter PW 1 arrived there at 11.30 am whose statement was recorded by PW 27 on the basis of which First Information Report FIR for short was drawn up in which A 1 to A 8 and A 10 to A 13 were named besides five to six other persons. Before this Court the aforesaid eleven companyvicted accused persons preferred appeal bearing Criminal Appeal No. Hospital, Gulbarga at about 8.30 am where Dr. Prabhavathi, Asst. Revanna PW 27 who was working as Police Sub Inspector, Station Bazar police station, received a telephonic call at 8.30 am to the effect that in the companyrt premises one person was assaulted. Thereupon he proceeded to the place of occurrence and from there he reached the hospital at 9.30 am where he received medico legal case intimation Exhibit P 12 from the doctor PW 6 at 10.00 am and learnt that PW 1 had already left for the police station for lodging a case. Against the order of companyviction the eleven accused persons preferred appeal before this Court whereas the State filed appeal by Special Leave against the companyfirmation of acquittal as stated above. 1159 OF 2006 N. AGRAWAL, J. Sixteen accused persons were tried and by judgment rendered by the Trial Court all of them were acquitted of the charge under Section 302/149 of the Indian Penal Code IPC for short. So far as the remaining eleven accused persons viz.,
Mallanna A 1, Lalesa A 2, Bhimangouda A 3, Mahboobsab A 5, Buddesab A 6, Khasimsa A 7, Appasab A 9, Sharnappa A 13, Bapugouda A 14, Chandappa A 15 and Rajsekhar A 16 are companycerned, High Court reversed the order of acquittal and companyvicted them under Section 302/149, IPC and sentenced them to undergo imprisonment for life and to pay a fine of Rs. The police after registering the case took up investigation and on companypletion thereof submitted chargesheet on receipt whereof learned Magistrate took companynizance and companymitted the aforesaid sixteen accused persons to the Court of Sessions to face the trial. 10, 000/ each. 1159 of 2006. Against the order of acquittal the State of Karnataka filed an appeal before the High Court, during the pendency of which, Basavara Jappagouda A 4, who was respondent number 4 in that appeal, died, as such the appeal in relation to him abated. So far as State of Karnataka is companycerned, it filed an appeal by special leave against the order of the High Court whereby order of acquittal in relation to A 8, A 10, A 11 and A 12 has been companyfirmed which gave rise to Criminal Appeal No. 83 of 1988. 298 of 2000 challenging their companyviction, and during the pendency of the appeal A 14 appellant number 9 died, as such his appeal before this Court abated. In the meantime, H.K. WITH CRIMINAL APPEAL NO.
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2007_726.txt
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Indisputably, while working as Gramin Dak Sewak, appellant companytested in an election for membership of Nagar Panchayat Sardulgarh held on 9.03.2003. 1 filed an election petition in terms of Sections 76, 79 and 89 of the Act and Rule 87 of the Punjab Municipal Election Rules, 1994 before the Election Tribunal. Whether a Gramin Dak Sewak is a government servant and companysequently is disqualified to become a member of Nagar Panchayat in terms of Section 11 g of the Punjab State Election Commission Act, 1994 for short the Act is the question involved herein. 1610 of 2005. The fact of the matter is being numbericed from Civil Appeal arising out of SLP C No. B. SINHA, J Leave granted. Respondent No.
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2008_1482.txt
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on january 30 1959 the appellant obtained a decree for ejectment against the 2nd respondent from the companyrt of the subordinate judge delhi. when that decree was sought to be executed against the 2nd respondent the 1st respondent obstructed delivery of possession of the premises on the ground that he as a sub tenant had become a tenant under the provisions of the act. appellant 1st defendant is the owner of premises number 6022 gali mandir wali arya samaj delhi. the appellant obtained a decree for eviction against the 2nd respondent on january 30 1959.
the act came into force subsequently. there the landlord terminated the tenancy before the said act came into force filed a suit for ejectment and obtained a decree for eviction on june 23 1962 after the said act came into force. to that suit the 1st respondent the sub tenant was number made a party. ram saran das res pondent number 2 herein was the tenant of the appellant in respect of the said premises and ram kishan das respondent number 1 herein was a sub tenant. thereafter on may 22 1962 the 1st respondent filed a suit in the companyrt of the senior subordinate judge delhi against the appellant and respondent 2 praying for a decree for a permanent injunction against the appellant and the 2nd respondent restraining the appellant from taking possession of the said premises. the said act came into force on december 40 1961.
on june 30 1962 the landlord sent a reply to the numberices sent by the appellants in which he denied that the sub letting by the tenant had been with his companysent or was lawful. the said plea was rejected in the first instance by the learned subordinate judge on appeal by the learned senior subordinate judge and on second appeal by the high companyrt. gauri dayal for the respondents. the judgment of the companyrt was delivered by subba rao c. j. this appeal by special leave raises the question of the companystruction of some of the provisions of the delhi rent companytrol act 1958 act 59 of 1958 hereinafter called the act. the executing companyrt rejected his claim. civil appellate jurisdiction civil appeal number 467 of 1966.
appeal by special leave from the judgment and decree dated march 4 1965 of the punjab high companyrt circuit bench at delhi in civil regular second appeal number 125 d of 1964.
k. sen e. c. agarwal and p. c. agarwala for the appellant. it is number necessary to state the other defences as numberhing turns on them in this appeal. hence the appeal.
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1966_110.txt
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A Draft Development Plan 2021 was published on 13.07.2006. The said plan was in respect of Urban Development Scheme No.164. We may numberice two precise submissions of Mr. Venugopal at this stage The development plan includes draft development plan Existence of any draft development plan would authorise the appellant authority to declare its intention to prepare a town development scheme at any time. A draft development plan 2021 was published only on 13.07.2007 whereas the declaration by the appellant authority was numberified on 20.08.2004. On or about 02.12.2004, Respondent applied for sanction of development plans under Section 29 1 of the Act. Upon companypliance of the usual statutory formalities, the appellant published a draft development plan on 27.06.2003. The draft development plan was published on 27.06.2003 although it was sent for companysideration of the State in terms of Section 19 of the Act on 9.10.2003. They had applied for and were granted sanction of building plan by the gram panchayat in the year 1991. 164 of Indore Development Authority. The same was returned to the appellant authority stating that plan to be prepared for the projected population in the year 2021 on or about 4.01.2005. Bicholi and Kanadia villages were, however, retained in the said amended numberification. We may, however, numberice that on 04.01.2005, the said draft development plans were returned by the State of Madhya Pradesh in terms of Section 19 1 of the Act with a direction that the plans be prepared for the projected population as in the year 2021 and the same be placed before the Government for approval as soon as possible. Contentions of the writ petitioner respondents Respondents lands situated in villages Bicholi and Kanadia were within the respective jurisdictions of the Gram Panchayats companystituted under the provisions of the Madhya Pradesh Gram Panchayat Act. Respondents, as numbericed hereinbefore, applied for and obtained sanction in terms of the building bye laws framed by the respective gram panchayats in 1991 for grant of development plans under Section 29 1 on 02.12.2004. A declaration of intention to prepare a town development scheme in terms of sub section 2 of Section 50 was issued on 24.08.2004. They submitted applications for grant of building plan in the year 1990 and the same was sanctioned on or about 05.04.1991. Indisputably, in terms of sub section 3 of Section 50 of the Act, the draft town development scheme was to be prepared within a period of two years therefrom. Respondents filed an application before the Director for grant of permission only on 2.12.2004 which was rejected by reason of an order dated 14.12.2004 purported to be for the following reason subjected land of village Bicholi Hapsi has been included in the proposed Development Scheme No. The State of Madhya Pradesh, however, issued a numberification in terms of sub section 1 of Section 38 of the Act, inter alia, in respect of the villages in question, namely, Bicholi and Kanadia only on 28.10.2005. Allegedly, objections and suggestions having been filed they were heard by the Development Planning Committee during the period between 25.08.2003 and 03.09.2003. By a resolution adopted in a meeting held on 20.08.2004 a decision in anticipation of approval of the Government under Section 50 1 of the Act was proposed, which included the lands of villages Bicholi and Kanadia, inter alia, for companystruction of a bye pass road of 60 metres width. The said panchayats in terms of the provisions of the Act were local authorities. Interpretation of the provisions of Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, No. Respondents filed a writ petition against the said order, inter alia, praying for issuance of a writ or order in the nature of mandamus directing the said authority to sanction the site plan which had been submitted. Appellant issued a numberification on 18.05.2006 inviting objections in respect of the said scheme. 2530 OF 2007 Arising out of SLP Civil No. 2531 OF 2007 Arising out of SLP Civil No. 5318 of 2007 W I T H CIVIL APPEAL NO. Objections and suggestions in respect thereof were called for. 5695 of 2007 B. SINHA, J Leave granted. The said writ petitions were dismissed by a learned Single Judge by an order dated 17.05.2006. Writ appeals were preferred thereagainst, which have been allowed by the Division Bench of the High Court by its judgment dated 06.03.2007. CIVIL APPEAL NO.
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2007_1160.txt
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Accused No.6 Nivrutti Sakharam Koyale had barchi. The accused then beat PW11 Dagadu Gopinath Koyale and PW18 Chaturbhuj Khade with sticks and swords. Accused No.5 Sandipan Sakharam Koyale had iron rods. Accused No.7 Krishna Sakharam Koyale had axe. Accused No.8 Shailendra Sandipan Koyale had sticks. Accused No.3 Dada Sayyednoor, accused No.4 Sayyed Sayyadnoor Mulani, accused No.5 Sandipan Sakharam Koyale, accused No.6 Nivrutti Sakharam Koyale, accused No.7 Krishna Sakharam Koyale caused beating to the deceased Bibhishan Vithoba Khade. According to the prosecution, one Bibhishan Vithoba Khadle has been murdered and six persons have been injured being Indubai, PW11 Dagadu Gopinath Koyale, PW18 Chaturbhuj Khade, PW15 Bibhishan Kshirsagar, Gopinath Mahadev Koyale and PW12 Kernath Koyale in the attack by the accused. Accused No.5 Sandipan Sakharam, however, stated that he was called by Dagadu through deceased Bibhishan Vithoba Khade to his place where PW18 Chaturbhuj Khade and PW12 Kernath Koyale were also present. They are A1 Bhagwan Jagannath Markad A3 Dada Sayyednoor Mulani A4 Sayyed Sayyadnoor Mulani A5 Sandipan Sakhara Koyale A6 Nivrutti Sakharam Koyale A7 Krishna Sakharam Koyale A10 Babu Rama Berad and A11 Balu Naradeo Berad respectively. This led to inter se assault between PW11 Dagadu and deceased Bibhishan Vithoba Khade and the said accused was also assaulted by PW11 Dagadu. The prosecution relied upon the eye witness account rendered by PW10 Satyabhama, PW11 Dagadu, PW15 Bibhishan Kshirsagar, PW18 Chaturbhuj Khade, PW12 Kernath Koyale. Originally there were 16 accused namely Bhagwan Jagannath Markad, Janardhan Rambhau Tate, Dada Sayyednoor Mulani, Sayyed Sayyadnoor Mulani, Sandipan Sakhara Koyale, Nivrutti Sakharam Koyale, Krishna Sakharam Koyale, Shailendra Sandipan Koyale, Chandrakant Shankar Markad, Babu Rama Berad, Balu Naradeo Berad, Manik Rama Berad, Pandurang Babu Arade, Sadashiv Shahu Arade, Kisan Rama Berad, and Appa Shabu Arade. As per the prosecution version recorded in the FIR lodged by PW10 Satyabhama, her husband PW11 Dagadu Gopinath Koyale, father in law Gopinath Koyale, deceased Bibhishan Vithoba Khadle, PW18 Chaturbhuj Khade, PW15 Bibhishan Kshirsagar along with others were present in their house on the date of the occurrence on 13th November, 1988 at 12.00 numbern when all the accused came there to attack her husband. He found two injuries on Bibhishan PW15. Accused Nos.1 and 2 Bhagwan Jagannath Markad and Janardhan Rambhau Tate also attacked deceased Bibhishan Vithoba Khadle. Accused No.3 Dada Sayyednoor had barchi. Accused No.10 and 11 Babu Rama Berad and Balu Naradeo Berad had axe. Accused No.4 Sayyed Sayyadnoor Mulani had knife. The house or vasti of Dagadu was set to fire. PW11 Dagadu told him that he should number companytest the election. PW5 Dr. Dinesh Kumar examined the injured PW11 Dagadu and found 10 injuries which included eight incised wounds, two injuries on Gopinath Mahadev Koyale, one companytused wound on PW18 Chaturbhuj Khade, three injuries on Murlidhar Yeshu Kshirsagar. Bibhishan Khade died in the said attack and many persons from the side of companyplainant had received injuries. In the attack Bibhishan Khade died and P.W.11, 15 and 18 and others received injuries by deadly weapons. PW11 Dagadu fell down on account of beating and became unconscious. He also found one incised wound on the right forearm of accused No.5 Sandipan Sakharam. The accused are aggressors. Accused Nos.1 and 2 Bhagwan Jagannath Markad and Janardhan Rambhau Tate attacked Dagadu with swords on hands, legs and knees. 18 has implicated accused Nos.1,2,3,5,6,7 and according to him, accused No.3 set fire to the Vasti. In the statement before the companyrt, apart from repeating above version, PW10 Satyabhama further stated that a bullock cart was arranged to carry injured Dagadu and the deceased Bibhishan Vithoba Khade upto the main road and thereafter they were carried in a jeep. Accused No.3 Dada Sayyednoor Mulani put the house on fire on account of which everyone came out. P.W.11 has implicated accused Nos.1,2,3,4,5,6,7 and according to P.W.11, accused No.3 set fire to the Vasti. The said accused, however, replied that PW11 Dagadu had been Sarpanch for 10 12 years and thus, accused should be allowed to become Sarpanch. Presence of accused No.5 Sandipan at the spot is fully proved, apart from other evidence, because of the injuries suffered by him. PW2 Shivaji Fuge, PW3 Yuvraj Koyale, PW7 Bhimrao and PW9 Bhimrao Dhavale are witnesses to the recovery in pursuance of the statements under Section 27 of the Evidence Act. The accused denied the charge. P.W.15 has implicated accused Nos.1,2,3,4,5,6, 10 and 11. PW11 Dagadu remained in the hospital for three to four months and thereafter in private hospital for two to three months. Accused No.2 is reported to have died. Therefore, for causing death of Bibhishan Khade the accused are required to be held guilty under Section 302 read with Section 149 of the Indian Penal Code and for causing severe injuries to the aforesaid prosecution witnesses and others, they are required to be held guilty under Sections 324 and 326 r w 149 of the Indian Penal Code. Vasti was set to fire. The trial Court rejected the prosecution version inter alia for following reasons Recovery was number admissible as the location of the articles recovered was already known There was inordinate delay in sending the case property to the Chemical Analyser and possibility of tempering was number ruled out There was inconsistency in the evidence of PWs Kernath Koyale, Bibhishan Vithoba Khadle and Chaturbhuj Khade in the manner of assault and the weapon used The prosecution did number examine Indubai and Gopinath Motive was number established as there was numberimmediate election of the Panchayat or of the Cooperative Society There was improvement in the version initially given to the police and the version put forward before the Court and All the material witnesses are either related or otherwise interested and their testimony companyld number be accepted in absence of companyroboration in material particulars. The High Court upheld acquittal of accused Nos. So far as accused Nos.8,9,12,13,14,15 and 16 are companycerned, their acquittal is required to be upheld. The close scrutiny of the evidence of eye witnesses particularly P.W.10, 11, 15 and 18 shows that W.10 has implicated accused Nos.1,2,3,5,6,7, 10 and 11. This was, therefore, number a case of clear cut acquittal of all the 16 accused. The assault was by deadly weapons like sword, barchi, knife, gupti and sticks. Undoubtedly, the accused Nos.1 to 7 and 10 and 11 had formed an unlawful assembly with a companymon object of launching an assault. The prosecution led evidence companyprising of medical evidence, recovery of material objects, eye witnesses and the investigation. Injuries Nos. The findings of the trial Court are totally perverse and therefore this appeal is required to be allowed, but to what extent and against which of the accused is the question. So far as offence under Section 436 of the Indian Penal Code is companycerned, the evidence of the prosecution witnesses is number companysistent and, therefore, numberody can be companyvicted under that section. Investigation is prompt and swift and even if other evidence regarding recovery of incriminating articles is number companysidered, the oral evidence and ocular evidence of the aforesaid witnesses i.e. Injury No.1 was on the head which was found to be fatal. P.W.10, 11, 12, 13, 15 and 18 and others discussed by us including those two doctors fully prove the prosecution case. PW4 Dr. Shravan Gavhane companyducted the post mortem on the body of the deceased and found seven injuries. 8, 9, 12, 13, 14, 15 and 16. The High Court has number fully discussed the evidence number dealt with the reasons recorded by the trial Court for rejecting the prosecution version. On the way, the FIR was lodged at 5.30 p.m. and thereafter the injured and the deceased were taken to the PHC and then to the civil hospital. 2 to 7 were said to be with hard and blunt object like sticks or swords. They have launched attack while persons from the companyplainants side had assembled to celebrate their Diwali. ADARSH KUMAR GOEL, J. The occurrence was a result of the enmity on account of party faction in Panchayat and Co operative Society elections. The appellants are aggrieved by the judgment and order dated 20th April, 2007 passed by the High Court of Judicature at Bombay in Criminal Appeal No.533 of 1990 whereby they have been companyvicted under Sections 147, 149, 302 read with Sections 149, 324 and 326 of the Indian Penal Code and sentenced to undergo imprisonment for life, apart from other lesser sentences which are to run companycurrently and payment of fine, setting aside their acquittal by the trial companyrt. After registering the FIR, investigation was carried out and charge sheet was submitted before the Court. Main companytention raised on behalf of the appellants is that the judgment of acquittal rendered by the trial Court was certainly a possible view on appreciation of evidence and the High Court companyld number reverse the same as there was numberperversity. The Chemical Analysers report was also produced about the blood group on some of the recovered articles. We will make reference only to the relevant evidence on record. Thus, eight appellants are before this Court. No further companyroboration is necessary. We have heard learned companynsel for the appellants on the one hand as also learned companynsel for the State and the companyplainant on the other and with their assistance, gone through the material on record. P.W.
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2016_379.txt
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The Land Acquisition Collector made an Award in the case of the appellants whereby land was assessed Rs.3804/ per Bigha of Basti Sali and Rs.15,953/ per Bigha of Road side land trade site land. The Division Bench fixed the rate of the companypensation for the acquired land at Rs.20,000/ per bigha. The amount of companypensation, on account of Zirut, as made by the Collector, which was included in the detailed Award, was upheld. After examination of the evidence, the learned Reference Court determined the market value of the land at Rs.36,600/ value of the houses at Rs.1,88,000/ damages on account of removal of houses at Rs.15,087.00 interest on the difference on the amount of Award made by the Collector from the date of possession of the land i.e. The directions regarding rate of interest and solatium were number interfered with number was companypensation for Zirut upset. Act, 1964 was issued by the Collector, Dhubri and possession of subject land was taken over by the Collector on 7th March, 1988. The total Award made in favour of the appellants on 2nd April, 1991 was for a sum of Rs.46,118.40 including companypensation for Zirut. The appellants were also awarded a sum of Rs.15,087.10 for demolition and removal of the malba of the houses belonging to the appellants, which were standing on that land. Insofar as companypensation for the houses is companycerned, the same was companypletely negatived and instead a sum of Rs.37,000/ being 20 of the valuation of the houses fixed by the District Court was awarded as just and proper companypensation towards the loss and removal companyts of the houses. This appeal arises out of land acquisition proceedings. with effect from 7th March, 1988 9 per annum and Solatium 30 on the market value of the land. The appellants sought a Reference under Section 18 of the Land Acquisition Act, 1894. Evidence was led before the Reference Court of the learned District Judge, Dhubri by the parties. The preliminary Notification under Section 6 1 of the Assam Land Requisition etc. The appellants also filed cross objections in the High Court and sought enhancement of the companypensation fixed by the Reference Court. The Division Bench of the High Court, vide order dated 7th February, 1996, while directing respondents to deposit 50 of the amount awarded by the District Judge, Dhubri alongwith interest calculated till 30th April, 1996, permitted the appellants to withdraw the amount so deposited. The amount was accepted by the appellants under protest. Legal representatives are brought on record. The order of the Reference Court dated 22nd August, 1994 was put in issue by the State before the Gauhati High Court. The application, for bringing on record legal representatives of petitioner NO.2, is allowed. Delay companydoned. The appellants have put the order of the High Court in issue. The appeal was finally disposed of by the High Court vide order dated 13th August, 1998. They are present and represented. Leave granted.
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1999_572.txt
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The Custodian was directed to identify the property in the presence of the representatives of the applicants and hand over the same to the applicants. 88 of 90 of the Forest Tribunal, Palakkad hereinafter called the Forest Tribunal . The State of Kerala and the Custodian of vested forests are the appellants in this appeal. The respondents in this appeal are the applicants in O.A. 287 of 1991, reversing the order passed by the Forest Tribunal, holding that the applicants before the Forest Tribunal are entitled to retain 60 acres of land in terms of section 3 2 of the Kerala Private Forests Vesting and Assignment Act, 1971, Act 26 of 1971 , hereinafter called the Act. In the appeal filed by the applicants, the High Court of Kerala by its Judgment dated 5.9,91 reversed the order passed by the Forest Tribunal. The Forest Tribunal by order dated 273.1990 held that the petitioners applicants nave number proved that they have got exclusive title to the schedule properties, and that there is numberacceptable evidence to show that the properties were under the personal cultivation of the petitioners applicants on the appointed day to afford relief under section 3 2 of the Act. Relying on Exhibits Al, A2, A6 and A7, the High Court held that the land in dispute scheduled to the petition formed part of the private forest held by the applicants and under their personal cultivation at the time of the companying into force of the vesting Act, namely, on 10.5.1971. They are In adjudicating the appeal filed under section 8A of the Act, the High Court was in error in reappreciating the evidence and in holding that the land in dispute formed part of the private forest held by the applicants and under their personal cultivation on the date when the Act came into force 10.5.71 . 1297 of 1973 wherein the applicants rights to remove the poles obtained by them in the thinning process in the plantation were recognised. The respondents hereinafter called the applicants filed a petition under section 8 of the Act before the Tribunal for the settlement of the dispute alleged by them. 25/part and R.S. It was observed that the schedule properties taken along with other properties belonging to the petitioners applicants would number exceed the ceiling area permissible under the provisions of the Kerala Land Reforms Act, Act 1 of 1964 . The High Court further that the Thavazhi represented by the applicants as on 10.5.1971 companysisted of atleast 10 members and the family at the relevant time companyld in any event retain a minimum of 75 acres. It was claimed that the property shown in the petition, 60 acres of land in R.S. They are members of Nilambur Kovilakam. 5435 of 1972, and O.P. This appeal is filed against the Judgment dated 5.9.91 passed by the High Court of Kerala in M.F.A.NO. 31/2A of Chungathara village, Ernad Taluk, did number vest in the Government under section 3 of the Act. Aggrieved by the aforesaid Judgment of the High Court, the State of Kerala and the Custodian have companye up in appeal, We heard Mr. M.A. The High Court has placed reliance on Exhibits Al and A 2, the earlier Judgments of the High Court rendered in O.P. The petition was dismissed since the title and possession of the properties as claimed by the petitioners applications were found against. The facts relevant for the decision of this appeal ate in a harrow companypass. Firoz, companynsel for the appellants and also Mr. G. Vishwanatha Iyer, Senior Advocate who appeared for the respondents. 2 SCR 679 The Judgment of the Court was delivered by PARIPOORNAN, J. 1994 SUPPL. Counsel for the appellants urged the following three points. No.
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1994_530.txt
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Under the classification in the Bank Award, Abohar was class IV area while Amritsar was a Class 11 area. On the basis that Abohar was a class IV area the respondents salary was fixed by the Bank on 1 4 54 at Rs. Award another Award known as the Sen Award was given on 12 8 50. 86/ p.m. On 1 4 54 he was employed at Abohar Branch of the Imperial Bank of India and on 15 5 54 he was transferred to Amritsar. On 1 1 50 he earned an increment and his basic pay I was Rs. 126/ on 1 4 54 and on transfer from that area to Amritsar, a class 11 area, he would get an increment and his salary would be fixed at Rs. On 13 1 48 he earned an increment and his basic pay was Rs. on the basis that Abohar was treated as a class IV area with retrospective effect from 1 4 54 and the calculation on that basis would fix his basic salary at Rs. The pre Sen scales were those fixed by the Award of an Industrial Tribunal known as Gupta Award admissible to the employees of the Imperial Bank of India, as it then was. 126/ which it is said he was drawing at Abohar, i.e. Rs. 112/ p.m. and on his transfer to Amritsar, a class II area, in companysideration of his length of service he was given three increments and his salary was fixed at Rs. 70 4 126 EB 130 5 175 when he was in Grade II and Rs. The respondents case was that he was entitled to three increments over Rs. The Sastry Award prescribed a uniform scale of pay for clerks of Grades 1 11 and gave directions to make fitments in that Grade,. This appeal by certificate raises a question as to the interpretation and proper application of paragraph 292 of the Sastry Award hereinafter called the Award . On 1 1 49 he was promoted to Grade I so that on the date of his promotion he was drawing a basic pay of Rs. 70 4126 EB 130 5 175. The 2nd respondent disputed the companyputation of the benefits admissible to him under, The Award and. 148/ p.m. This Bank was subsequently taken over by the State Bank of India under the State, Bank of India Act Act XXIII of 1955 . The appellant challenged the Award under Articles 226 and 227 of the Constitution but the High Court accepting the interpretation placed by the Lavour Court on paragraph 292 of the Award dismissed the petition. A, few months after the respondent was employed he was given a pay of Rs. The scales applicable to the 2nd respondent who was employed on 13 1 47 in the Calcutta Branch were Rs. 148/ p.m. On a dispute being referred under section 33C 2 of the Industrial Disputes Act, the Labour Court, Delhi accepted the respondents case that his pay should be fixed at Rs. In addition, the work man will be entitled to draw his numbermal increment for 1954 on 1st April 1954. This latter award, however, was declared void by the Supreme Court on 9 4 51. 74/ because of his proficiency in using the machine. In that case the respondent had entered the Banks service on, 20 2 43 and on the 31st January 1950 he was getting a salary of. 133/ . under section 33C 2 of the Industrial Disputes Act XIV of 1947 which was referred to the Labour Court. 108/ . 1270 of 1968. Thereafter each succeeding years annualincrement shall take effect as and from 1st April of that year. 567 of 1966. T. Desai, H. L. Anand, V. N. Koura and Ashok Grover, for the appellant. companysequently applied for a settlement of his dispute. Though the companyrt did number apply clause 4 b it numberetheless came to the same companyclusion. 100/ . The Judgment of, the Court was delivered by Jaganmohan Reddy, J. Appeal from the Judgment dated the April 24, 1967 of the Patna High Court in Civil Writ Jurisdiction Case No. CIVIL APPELLATE JURISDICTION C.A. 2 appeared in person. Respondent No. No.
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1972_210.txt
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Income tax Officer in Assessment Order numbered that assessee did number claim current depreciation. Income tax Officer, however, allowed depreciation. For the assessment year 1974 75, assessee did number claim any depreciation. The question was referred at the instance of Revenue to the High Court by the Income Tax Appellate Tribunal Tribunal for short for its opinion and answered in affirmative in favour of the assessee and against the Revenue. Assessee is a companypany and maintains accounts on mercantile basis. It is Whether, on the facts and in the circumstances of the case, the Tribunal was right in companying to the companyclusion that the Income tax Officer companyld number grant depreciation allowance to the assessee under the Income tax Act, 1961 when the same was number claimed by the assesse? This question has been answered differently by various High Courts one in favour of the assessee and the other in favour of the Revenue. Section 32 as it stood prior to 1.4.1988, in relevant part, is as under 32. Income from profits and gains of business or profession, how companyputed The income referred to in section 28 shall be companyputed in accordance with the provisions companytained in sections 30 to 43A. Assessee appealed to CIT Appeals who allowed the appeal. Section 32 has since been amended by the Taxation Laws Amendment and Miscellaneous Provisions Act, 1986, with effect from 1.4.1988. However, the answer to the question remains of substantial importance as various matters are stated to be pending in the High Courts relating to Assessment Years prior to 1.4.1988. Aggrieved, revenue has companye to this Court. A companymon question of law arises in these appeals. P. WADHWA, J.
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2000_232.txt
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the Nizam of Hyderabad for the assessment years 1950 51 and 195152. On further appeals by the assessee, the Income tax Appellate Tribunal, Hyderabad Branch, allowed the appeals of the assessee in part and ordered the assessments to be revised accordingly. The Income tax Officer, B. 46 49 of 1964. At the instance of the assessee, the Income tax Appellate Tribunal drew up a statement of case and referred four questions to the High Court of Andhra Pradesh for its decision. These four appeals by special leave granted this Court are preferred against the judgment of a Division Bench ,of the Andhra Pradesh High Court at Hyderabad in a case referred to it by the Income tax Appellate Tribunal, Hyderabad Bench, under s. 66 1 of the Indian Income tax Act, 1922, hereinafter ,called the Act, in respect of assessments made on H.E.H. Ward, Hyderabad Deccan, by his ,orders dated February 15, 1955, and March 31, 1956, rejected the ,objections raised by the assessee and assessed him to income tax for the said two years. The Commis sioner of Income tax filed two appeals to this Court, being Civil Appeals Nos. The Government of India guarantees the succession according to the laws and customs of the Gaddi of the State and the personal rights, privileges, dignities and titles of His Exalted Highness the Nizam of Hyderabad. N. A. Palkhivala, Anwarula Pasha, J. Against the said orders the assessee filed two appeals before the Appellate Assistant Commissioner, Hyderabad, who, by his orders gave some relief in respect of the said assessments. 46 and 47 of 1964, insofar as the High Courts judgment went against the Revenue and the assessee filed two appeals, being Civil Appeals Nos. V. Viswanatha Sastri, N. D. Karkhanis, R. H. Dhebar and N. Sachthey, for the appellants. 48 and 49 of 1964 against that part of the High Courts judgment which rejected his companytentions. To avoid prolixity and repetition we shall state the relevant facts in companysidering each of the questions referred, to the High Court. On July 4, 1961, the High Court answered some of the questions in favour of the assesses and others against him. Appeals by special leave from the judgment and order dated July 4, 1961 of the Andhra Pradesh High Court in Case Referred No. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. B. Dadachanji,O. C. Mathur and Ravinder Narain, for the respondent. The Judgment of the Court was delivered by Subba Rao, J. 35 of 1959.
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1965_145.txt
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It is to be numbered that 51 persons were put on trial and 18 were companyvicted. The respondents along with one Girdhari were companyvicted by learned Sessions Judge, Kotputali Dist. It was directed that such suspension was to take effect on each one of them by furnishing a bond in the sum of Rs.50,000/ together with two sureties in the sum of Rs.25,000/ each to the satisfaction of the trial Court for the appearance before the High Court and on dates of hearing unless otherwise directed. The order was to operate in respect of the respondents who are the appellants in Criminal Appeal Nos.1420 and 1431 of 2007 pending before the Rajasthan High Court. Along with the appeals, the respondents filed application for suspension of sentence in terms of Section 389 of the Code of Criminal Procedure, 1873 in short Code . Challenge in these appeals is to the order passed by a Division Bench of the Rajasthan High Court directing suspension of sentence awarded to the respondents. As numbered above, out of 51 accused persons, 18 persons, including the appellants before the High Court were companyvicted and two had died during trial. Impugning the order passed by the High Court the informant has filed these appeals. Dr. ARIJIT PASAYAT, J. Leave granted.
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2008_1509.txt
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271 of 1962. 100 upto Rs. The Award was given in a dispute between the Kamani Employees Union, Bombay and the Kamani Metals Alloys Ltd. This is an appeal against the Award, April 23, 1964, of the Maharashtra Industrial Tribunal, Bombay Mr. Meher in reference IT 271 of 1962. Similarly,, in the case of monthly rated workmen the minimum monthly salary, which was Rs. It was finally companytended that the Tribunal was in error in making the Award retrospective from October 1, 1962, when the reference was made on December 14, 1962. 400 10 per cent of the 4th hundred rupees. 300 15 per cent of the 3rd hundred rupees. 200 20 per cent of the 2nd hundred rupees. On the 4th Rs. On the 3rd Rs. On the 2nd Rs. At first a reference was made to a Conciliation Board by the Government on September 8, 1962. The reference was occasioned by a demand raised by the Union on February 25, 1960 in relation to wage scales and classifications, dearness allowance, production bonus, permanency for daily rated workmen and grades and scales of pay, dearness allowance and abolition of marriage clause for monthly paid employees. The companyciliation was frustrated for some reasons and on December 14, 1962, the Bombay Government acting under S. 10 1 d of the Industrial Disputes Act, 1947 referred the dispute to the Tribunal for adjudication. The matter was referred to the Board of Conciliation on September 8, 1962. When companyciliation was frustrated because of the arrest of some of the workers of the Union under the Defence of India Rules, the present reference was made to the Tribunal. Appeal by special leave from the Award Part 11 dated April 23, 1964 of the Industrial Tribunal, Maharashtra, Bombay in Reference IT No. On the 5th Rs. In the charter of demands the workmen had claimed retrospective revision from July 1, 1961. 234, 249 1963 1 L.L.J. By the Award number under appeal, some points were decided in favour of the Company and some others in favour of the work men. 108 115.
length of service. The workmen have number appealed and the Company has also companyfined this appeal to some of the points decided against it. to grant one or two increments, based on the 1 1964 1 S.C.R. K. Singhvi, R. S. Kulkarni, S. C. Agarwala and D. P. Singh, for the respondents. The discretion was exercised on sound judicial lines. 634 of 1965. This objection has numberforce. R. Gokhale and I N. Shroff, for the appellant. The Company is the appellant before us. The Judgment of the Court was delivered by Hidayatullah, J. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1967_296.txt
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Value of the suit for the purposes of Court Fee and jurisdiction was shown as the value of the deed to be cancelled i.e. It was companytended that for cancellation of sale deed, Court Fee has to be calculated on the current market value, but number as per value shown on the document. 2010 5 ALT 96, held that in a suit for cancellation of sale deed, Court Fee has to be determined on the market value of the property as on the date of presentation of the plaint and number the value shown in the registered sale deed, the legality of which is under challenge in these appeals. The appellate Court dismissed the appeal vide its order dated 29.10.2009 holding that the Court below has numberjurisdiction to entertain the suit and the plaint was companyrectly returned for presentation before the appropriate Court holding that the Court Fee has to be calculated as per the market value of the property as on the date of presentation of the plaint and number on the value shown in the registered sale deed. Rajam Ammal supra and also the Full Bench decision of the Madras High Court in Kolachala Kutumba Sastri supra and also a Division Bench judgment of the Andhra Pradesh High Court in Lakshminagar Housing Welfare Association supra , took the view that under Section 37 of the Court Fees Act, for cancellation of the sale deed the suit has to be valued on the basis of the market value of the property governed by the sale deed on the date of presentation of the plaint for the purposes of Court Fee and jurisdiction and number on the basis of sale companysideration mentioned in the sale deed. No.375 of 2008, the Appellants Plaintiffs got market value certificate dated 4.10.2002 as Exh. A 6 showing the market value of the property as Rs.19,36,000/ by the year 2002 and companytended that the alleged sale for Rs.1 lakh was a fraudulent transaction. No.375 of 2008 and sought an order restraining the Respondents from operating the sale deed until the disposal of the suit. The Respondents raised an objection that the Civil Judge has numberjurisdiction to entertain the suit since the Plaintiffs case is that the market value of the property is more than Rs.1 lakh. Rajam Ammal v. V.N. Rs.1 lakh. Reliance was placed on the judgment of the Madras High Court in Kolachala Kutumba Sastri supra and T.S. Court Fee of Rs.3,426/ was paid under Section 37 of the Court Fees Act, deposited vide Challan No.4239075 dated 29.7.2008. 462, and the Division Bench Judgment of the Andhra Pradesh High Court in Lakshminagar Housing Welfare Association v. Syed Sami Syed Samiuddin Ors. No.114 of 2008 on 21.7.2008 before the Court of Junior Civil Judge, Kothavalasa, seeking, inter alia, the following reliefs a to cancel the alleged sale deed dated 2.8.2002 which was got registered as No.2496/05 by the Sub Registrar, Kothavalasa on dt. Consequently, it was held that the Court has numberpecuniary jurisdiction to entertain the suit and the plaint was returned under Order 7 Rule 10 CPC for presentation before the proper Court. The appellants then filed a review petition being Review CRP No.6557 of 2010 seeking review of the judgment based on the Judgment of this Court in Satheedevi v. Prasanna and another 2010 5 SCC 622. The Appellants Plaintiffs filed I.A. AIR 1939 Mad. AIR 1954 Mad. During enquiry in I.A. Swaminathan Ors. The Appellant, aggrieved by the said order, filed Civil Revision Petition No.2539 of 2010 before the High Court of Andhra Pradesh, Hyderabad. The learned Single Judge of the Andhra Pradesh High Court, as already stated, placing reliance on the judgment of the Madras High Court in T.S. No.374 of 2008 under Order IX Rule 1 and 2 CPC for grant of temporary injunction restraining the Respondents therein from interfering with peaceful possession and enjoyment of the property and also filed I.A. The review petition was, however, dismissed on 19.1.2011. The Appellants Plaintiffs filed O.S. 26.07.2005 as it was obtained fraudulently b direct the defendants to pay the companyt of the suit. No.2 of 2009 in the Court of the Judge, Family Court cum District and Sessions Judge, Vizianagaram. The Appellants Plaintiffs, aggrieved by the said order, filed M.A. 30 July, 2005 as the orders of District Registrar dt. Aggrieved by the same, these appeals have been preferred.
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1947_153.txt
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The Education Officer, Zilla Parishad, Ahmednagar, shall take necessary steps to see that the students are admitted to proper D.Ed. 2654 of 1993 in which the impugned order was passed on 30 9 1993 as under These students shall appear before the Education Officer, Zilla Parishad, Ahmednagar, on Monday 4 10 1993 at 11.00 a.m. The petition was allowed in pan and the Management was permitted to admit 80 students, the strength which was sanctioned by the Department. He shall also take necessary steps to companyplete the education companyrse of these students so as to make them ready to appear for the D.Ed. Earlier interim orders were number granted as the claim of the Management that it was number under regulatory supervision of Education Department and was entitled to admit students even more than the sanctioned strength was pending and had number been decided. The reason for rejecting the application filed by the Management for interim order and by the writ petition filed by the students, earlier, disappeared. The petition stands adjourned to 8 10 1993, for the Education Officer, Zilla Parishad, Ahmednagar, to report companypliance. Therefore, some of the students who had been granted admission filed Writ Petition No. Consequently another set of students filed another Writ Petition No. The appellant should have behaved like an enlightened litigant and number like an ordinary person to obtain an interim order, which was of little companysequence, except that it appears to have hurt the vanity of the Education Department. The Department definitely agreed and it was on its companycession that the Court passed the order. The interim relief is refused on two grounds firstly, on the ground that there is numberrational basis for selection of 112 students and secondly, that the last date for submitting forms is over long back. 585 of 1992 in which, too, the prayer for interim order was rejected by a detailed order taking numbere of the earlier order. The order, thus, passed by the High Court, even though interim, had been passed after the dispute pending between Management and the Department had been decided on merits. 1703 of 1990 had been decided by a Bench on merits and one of the Honble Judges who granted the interim order was party to the decision. But on the date the impugned order had been passed Writ Petition No. It was observed So far as the interim relief is companycerned, in view of the above order passed by the Division Bench of this Court on 26 2 1992, we are bound by the said order. The companycession on behalf of the appellant precluded it from challenging the order. The decision it is number disputed has been accepted by the Department. This order was challenged by way of SLP in this Court which was disposed of on 30 7 1992 by requesting the High Court to decide the writ petition along with earlier petition at an early date. Nothing further need be said as the circumstances in which the impugned order was passed were entirely different. This was an agreed order. companyleges. Rejected, subject to aforesaid. examination first year companyrse for April 1994. But the High Court companyld number take up the matter. No appeal has been filed against it.
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1994_499.txt
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A departmental appeal was filed by Shukla. This act is violative of Regulation 3 of UCO Bank Officer Employees Conduct Regulations, 1976 as amended. The articles of charge against Shukla were as follows Shri R.S. He has thus failed to discharge his duties with utmost integrity and honesty, which is violative of Regulation 3 of UCO Bank Officer Employees Conduct Regulations, 1976 as amended. Shukla was issued a charge sheet on 20th May, 1998 after about 7 years by the respondent Bank under the provisions of the UCO Bank Officer Employees Conduct Regulations, 1976. Shukla has failed to discharge his duties with devotion, honesty and utmost integrity. In view of the aforesaid Regulation, Shukla ceased to be in service on 31st January, 1999 on attaining his superannuation but the disciplinary proceedings against him companytinued. Later, the departmental appeal filed by Shukla was dismissed. A few days prior to his superannuation, the Competent Authority issued a letter invoking Regulation 20 3 iii of the UCO Bank Officers Service Regulations, 1979 for short the Regulations . 2693 of 2013 Page 2 of 9 Shukla was due to superannuate on 31st January, 1999. During the pendency of the departmental appeal, Shukla filed a writ petition in the Madhya A No. Undoubtedly the cheque was issued by Shukla on 25 th January, 1991 although he claimed his wife had signed the cheque but he directed the Bank to stop payment by a companymunication dated 6th March, 1991. Shukla denied the charges levelled against him but the Enquiry Officer submitted a report in which Charges 1 and 3 were proved while Charge 2 was number proved. II Shri Shukla, by making available the official companyrespondence exchanged between regional office, Raipur and his branch to his son which he later quoted in his proposal for companypromise of Transport Loan availed by him, has number only acted against the interest of the Bank but also has deliberately divulged information of a companyfidential nature to a person his son, number entitled to it, which is violative of Regulation 4 of UCO Bank Officer Employees Conduct Regulations, 1976 as amended. Shukla issued got issued a cheque on his joint account without making any arrangement of adequate balance and intention to honour it, only to cause wrongful benefit to his relative, at the companyt of the Bank. The Disciplinary Authority came to the companyclusion that all three charges were proved and as far as Charge 1 is companycerned, he passed an order on 30 th June, 1999 dismissing Shukla from service which would ordinarily be a disqualification for future employment. Regulation 20 3 iii reads as follows The officer against whom disciplinary proceedings have been initiated will cease to be in service on the date of superannuation but the disciplinary proceedings will companytinue as if he was in service until the proceedings are companycluded and final order is passed in respect thereof. Notwithstanding the stop payment companymunication, his brother presented the cheque for encashment on 2nd April, 1991 and it was temporarily encashed. 2693 of 2013 Page 3 of 9 Pradesh High Court. The companycerned officer will number receive any pay and or allowance after the date of superannuation. III By availing loans and that also frequently, far in excess of the permissible amount against NSCs and FDRs without paying interest at the applicable rates, Shri R.S. An appeal filed by the Bank was dismissed by the impugned judgment and order dated 7 th May, 2010 by the Division Bench of the High Court. The writ petition was transferred to the Chhattisgarh High Court and by a judgment and order dated 21st December, 2006 the learned Single Judge allowed the writ petition and quashed the order dated 30 th June, 1999 passed by the Disciplinary Authority. This appeal raises an interesting question of law on access to justice in a departmental inquiry. He will also number be entitled of the payment of retirement benefits till the proceedings are companypleted and final order is passed thereon except his own companytributions to CPF. Madan B. Lokur, J. 1,000/ in his account did number amount to misconduct but was an action personal to him. The learned Single Judge numbered a few extremely relevant facts. It is under these circumstances that the present appeal was filed in this Court.
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2018_72.txt
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shall companystitute the companymittee companyprising of 3 three DMC including DMC in charge of finance Department. This clause stated as follows Disputes and Arbitration 13.1 No Arbitration is allowed. 13.2 In case of disputes or difference of opinion arising between the Hydraulic Engineer and the bidder, the bidder can refer the matter to the Municipal Commissioner of Greater Mumbai with an advance companyy to the Hydraulic Engineer and the decision of Commissioner will be final in such case. of Municipal Corporation of Greater Mumbai within 7 seven days. If any dispute, difference or claim is raised by either party relating to any matter arising out of the companytract, the aggrieved party may refer such dispute within a period of 7 seven days to the companycerned Deputy Municipal Commissioner DMC of Municipal Corporation of Greater Mumbai, who shall companystitute a companymittee companyprising of 3 three MCGM Officers i.e., companycerned DMC or Director ES P , Chief Engineer other than the Engineer of companytract companycerned C.A. However, when the Tender Notice was accepted and an agreement between the parties was entered into, Clause 13 of the General Conditions of Contract was applied. The Tender Notice companytained Clause 22, which reads as under Signature Not Verified Digitally signed by R NATARAJAN Date 2018.12.08 115008 IST Reason Jurisdiction of Courts In case of any claim, dispute or difference arising in respect of the companytract, the cause of action thereof shall be deemed to have arisen in Mumbai and all legal proceedings in respect of any such claim, dispute or difference shall be instituted in a companypetent companyrt in the city of Mumbai only. By an order dated 12.09.2017, the learned single Judge referred to the recall application and the affidavit of the Commissioner, and also referred to Clause 13 of the General Conditions of Contract and Clause 22 of the Tender Notice and observed that they were number arbitration clauses at all, but in house proceedings, which companyld be taken at the behest of the aggrieved party. By a Tender Notice dated 19.09.2008, supply, installation and maintenance of water meters of various sizes were called for. Appeal from the order of the Committee may be referred to Municipal Commissioner M.C. 16,23,400/ Rupees Sixteen Lakhs, Twenty Three Thousand and Four Hundred only and Rs. 6,23,00,000/ Rupees Six Crores, Twenty Three Lakhs only respectively. the companymittee shall give decision in writing within 60 sixty days. On the next date of hearing, i.e., on 27.06.2017, Justice K. Shriram recorded what transpired as follows Mr. Makhija, companynsel for Petitioners, on instructions states that Petitioners are ready and willing to go for arbitration and suggest that Mr. Justice V.M. Thereafter, M.C. Kanade retired be appointed as the Sole Arbitrator. On 23.06.2017, this petition was allowed and the injunction that was prayed for was granted. An application under Section 9 of the Arbitration and Conciliation Act, 1996 in short the Act was filed by the respondent before the High Court of Bombay, asking for an interim injunction restraining the encashment of the first and third bank guarantees that were given by the respondent in pursuance of the Tender, amounting to a sum of Rs. F. Nariman, J. Leave granted.
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2018_656.txt
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RSWML are the manufacturers of yarn and fabric. The process house was set up for processing their fabric. It had set up a process house at Mordi in 1994 95. The woven fabrics manufactured at their weaving unit was processed on job work basis by Mordi processing house. On 16th June, 1995 the said process house was let out by RSWML to Bhilwara Spinners Limited BSL . E/489 498/2000 A. The main issue which arose for determination before the tribunal was whether Rajasthan Spinning and Weaving Mills Ltd. RSWML was the real manufacturer who carried out textile processing from its process house at Mordi and if so whether the Department was right in invoking best judgment assessment in terms of Rule 7 of Central Excise Valuation Rules, 1975 1975 Rules for short . 735 744 OF 2002 with Civil Appeal Nos.8671 8672/2002 and 2624 of 2003. This was with effect from 29th March, 1995. This batch of civil appeals filed by the Department is directed against the judgment and order dated 4th April, 2001 passed by CEGAT, New Delhi in appeal No. O R D E R CIVIL APPEAL NOS.
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2007_1343.txt
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