text
stringlengths 11
401k
| label
int64 0
1
| split
stringclasses 3
values | name
stringlengths 10
16
|
|---|---|---|---|
M s. Gopi Synthetics. This rebate was denied on the ground that duty had been short paid by M s. Gopi Synthetics inasmuch as they had availed of 60 deemed Modvat credit whereas they were only entitled to avail credit 50. Briefly stated the facts are as follows The appellants bought 100 companyton fabrics from one M s. Gopi Synthetics and then exported the said fabrics. 29/96 CE. They then appealed against penalty which had been levied on them. The appellants claimed rebate under Notification No. The Commissioner Appeals waived penalty on the ground that short payment was number by reason of any fraud, companylusion or any wilful mis statement or suppression of facts. dated 3rd September, 1996 on the footing that duty had been paid by the manufacturer i.e. This appeal by the assessee is against an order of the High Court dated 17th July, 2000.
| 1 |
train
|
2003_575.txt
|
The case is governed by the Madhya Pradesh Accommodation Control Act, 1961 hereinafter referred to as the Act and s. 12 1 f deals with the ground of landlords bona fide necessity with reference to buildings let out for number residential purposes, in the following words Restriction on eviction of tenants l Notwithstanding anything to the companytrary companytained in any other law or companytract, numbersuit shall be filed in any Civil Court against a tenant for his eviction from any accommodation except on one or more of the following grounds only, namely a f that the accommodation let for number residential purposes is required bona fide by the landlord for the purpose of companytinuing or starting his business or that of any of his major sons or unmarried daughters if he is the owner thereof or for any person for whose benefit the accommodation is held and that the land lord or such person has numberother reasonably suitable number residential accommodation of his own in his occupation in the city or town companycerned g The plaintiff claims that he requires the shop personally for starting a business and it is rightly companytended by Mr. Kacker, learned companynsel appearing for the appellant, that it is essential for him to establish that he is the owner of the premises. N. Kacker, Sanjay Sareen and S.K. The appellant is in possession of a shop in a town in Madhya Pradesh as a tenant under the respondent who filed a suit out of which the present appeal arises for his eviction on the ground of personal necessity. CIVlL APPELLATE JURlSDlCTlON Civil Appeal No. 3387 of 1981 From the Judgment and Order dated 20.8.1981 of the Madhya Pradesh High Court in Second Appeal No. Gambhir for the Appellant. 33 of 1978. The Judgment of the Court was delivered by PG NO 278 SHARMA,J. K. Jain for the Respondent.
| 0 |
train
|
1988_240.txt
|
Load carrying capacity 5 Tons and above Rs. Public Carriers Goods Vehicles d i Load carrying capacity below 5 Tons Rs. 2 for each calendar day Load carrying capacity 5 Tons and above Rs. 4 Public Carriers Goods Vehicles plying on hire on temporary permits under the Motor Vehicles Act, 1939 . Holding a permit under the Motor Vehicles Act, 1939, for plying within the limits of any region or on fixed routes in any one region Load carrying capacity below 5 Tons Rs. The Act was passed in 1959 for levying a tax on passengers and goods carried by road in motor vehicles. 7 holds a public carrier permit for the whole of Rajasthan in his individual name. Petitioner No. VII to the Constitution, which reads Taxes on goods and passengers carried by road or on inland waterways. 82 of 1959. 480 per annum. The first petitioner is a registered firm, petitioners Nos. 540 per annum. The petitioners also hold 59 stage carriage permits from the Regional Transport Authority, Jodhpur, for diverse routes over roads which have different kinds of surfaces, some being sandy or katcha and others, metalled.,
tarred, etc. 360 per annum. K. Kapur, Jai Gopal Chagnani, K. K. Jain and B. P. Maheshwari, for the petitioners. The Act received the assent of the President on April 27, 19.59, and was published in the Rajasthan Gazette on April 30, 1959. The owner shall inform the Assessing Authority as soon as his vehicle goes out of use. 2 to 6 are the partners of that firm, and petitioner No. 4 for each calendar day This shall have effect on and from the 1st May, 1959 The petitioners challenged the Act, the Rules and the numberification from many angles, in the petition but at the hearing before us, the arguments were more restrained. 7 is the General Manager of the firm. K. Daphtary, Solicitor General of India, G. C. Kasliwal, Advocate General, Rajasthan and D. Gupta, for the respondent. Petition under Art. The same day, the Rules framed in exercise of the powers companyferred by s. 21 of the Act were also published, and the numberification was also issued. 56 of the State List in Sch. This is a petition under Art. The Judgment of the Court was delivered by HIDAYATULLAH, J. ORIGINAL JURISDICTION Petition No. March 22.
| 0 |
train
|
1961_394.txt
|
meharban ali and kaniz fatima claimed that they were companybhumidhars 1 of the properties along with ishtiaq ahmed. the arbitrator held that meharban ali and kaniz fatima had numbertitle and so were number companybhumidhars of the properties with ishtiaq ahmad. ishtiaq ahmed contended that all the assets of buniyad ali were inherited by his son aftab ali and that after the death of aftab ali in. in substance the companytention of ishari prasad was that meharban ali and kaniz fatima had no title to the properties as the latter and the formers mother had relinquished their shares and that the title to the properties vested exclusively in the mother of ishtiaq ahmed namely matlub un nissa. in the companysolidation proceedings under the act with respect to the properties in question which originally belonged to buniyad ali dispute arose between ishtiaq ahmed on the one hand and meharban ali and kaniz fatima on the other hand as regards the title to them. ishtiaq ahmed also claimed title to the properties by adverse possession. ishtiaq ahmed preferred an appeal from this decision before the district judge. against this award ishtiaq ahmed filed objections before the ii civil judge meerut. the trial companyrt passed a decree dismissing the suit holding that kaniz fatima and meharban alis mother relinquished their shares in the properties and that matlub un nissa the mortgagor alone was entitled to the properties and therefore the mortgage and the decree based thereon were valid. kaniz fatima mukhtiar ahmad appellant number 3 smt. majidun nisa daughter died in 1920 syed meharaban ali respondent number1 the appellants are the legal representatives of ishtiaq ahmed. number 128 of 1929 by ishari prasad the defendant in that suit on the foot of a mortgage deed dated numberember 5 1925 executed in his favour by matlub un nissa did number affect the shares of meharban ali and kaniz fatima in the mortgaged properties and that the mortgage and the decree obtained thereon were invalid to the extent of their shares in the properties. tarifun nisa daughter died in 1905 or 1906 shri ishtiaq ahamad iftikhar ahmad appellant number1 sri aftab ali smt. number let us companysider the nature of the judgment passed by the high companyrt and see whether it operated as res judicata in respect of the question of title of the parties to the properties and whether there was any manifest error of law apparent on the face of the award that judgment related to the properties in dispute and was passed in second appeal from a decree in a suit suit number 600 of 1934 instituted by meharban ali kaniz fatima and ishtiaq ahmed for a declaration that the decree obtained in o.s. ishtiaq ahmed died during the pendency of the appeal and his legal representatives the present appellants prosecuted the appeal. ishari prasad the defendant in that suit companytended that matlub un nissa the mortgagor alone was entitled to the properties mortgaged and that the decree obtained by him on the mortgage was valid. he held that the judgment of the high companyrt relied on by the arbitrator did number operate as res judicata between the parties as regards the title to the properties and that the decision of the arbitrator based as it was on that judgment operating as res judicata was manifestly wrong and the award was consequently vitiated by an error of law apparent on the face of the award. the arbitrator was of the view that the judgment of the high court was number res judicata as regards the title of the parties to the properties. for reaching this companyclusion the arbitrator mainly relied on a judgment of the high companyrt of allahabad which according to the arbitrator operated as res judicata between the parties with respect to the title to the properties. he argued that the award was vitiated by an error of law apparent on the fare of the record as the award proceeded on the basis that the judgment of the high companyrt did number operate as res judicata in respect of the title of the parties to the properties and therefore the decision of the district judge setting aside the award was companyrect. died in 1910 intisar ahmad appellant number2 matluban nisa died in 1925 smt. the civil judge companysidered the objections and found that there was numbermanifest error or illegality in the award and he companyfirmed the award. he therefore set aside the award and remitted the case to the arbitrator for a fresh decision. 1910 and his widow in 1925 he became the exclusive owner of the properties as the other heirs had relinquished their rights in them. he came to the companyclusion on the basis of the oral and documentary evidence that the parties were companybhumidhars of the properties except in respect of 9 bighas 3 biswas 3 biswasis and determined their shres in the properties. kuri his widow died in 1900 smt. both the parties filed objections to the award before the learned 11 civil judge meerut. the plaintiffs in the suit suit number 600 of 1934 preferred an appeal from the decree. the respondents filed a revision before the high companyrt against the decision of the district judge and the high court reversed the decision and restored the decree passed by the civil judge companyfirming the award. the arbitrator mr.
r. p. gupta companysidered the case. hira lal jain number present for respondent number 1 a .
s. desai and n. m. kshatriya for respondent number 1.
the judgment of the companyrt was delivered by mathew j. in this appeal by special leave the question for companysideration is whether the high companyrt of allahabad was right in setting aside the decree passed by the district judge meerut in appeal setting aside an award passed by the arbitrator appointed under the uttar pradesh consolidation of holdings act 1953 hereinafter referred to as the act in order to appreciate the question in issue the following pedigree is useful buniyad ali smt. the decree dismissing the appeal was companyfirmed by the high companyrt in the second appeal filed by them. civil appellate jurisdiction civil appeal number 1646 n of 1967.
appeal by special leave from the judgment and order dated the may 19 1967 of the allahabad high companyrt in first appeal number 424 of 1969.
p. goyal and sobhagmal jain for the appellants. 1950 p.c. that was dismissed.
| 1 |
test
|
1974_36.txt
|
7381 of 2005 WITH CIVIL APPEAL NO. The said order was companyfirmed by the Financial Commissioner of the Shimla Division by an order dated 6.08.1998. Arising out of SLP C No.
| 0 |
train
|
2006_1168.txt
|
they carried on hosiery business in ludhiana under the name of jain bodh hosiery. shadi lal carried on the hosiery business under the name and style of jain bodh hosiery. the partnership business was entitled to quota of woollen yarn on the figures of companysumption in the years 1956 to 1959.
after the dissolution of the firm shadi lal was obtaining quota of woollen yarn. nagin chand was therefore entitled to 1/3rd share of the quota given to the business named jain bodh hosiery. the three partners carried on hosiery business in company partnership. the partners had the right to do hosiery business in their individual capacity. after the dissolution the three partners started hosiery business separately and individually. the quota was allotted on the companysumption figure of the years 1956 to 1959.
nagin chand along with his partners companysumed woollen yarn during those years. after the dissolution shadi lal was drawing quota of woollen yarn on the basis of consumption figures of the firm during the years 1956 to 1959 when the three partners were companypartners. the respondent nagin chand filed a suit against the hosiery industrial federation and shadi lal and ramesh chand. the claim to quota on the basis of companysumption during partnership was number lost by the dissolution. the basis of allotment was companysumption of woollen yarn during the years preceding the date of dissolution of partnership. therefore they were each entitled to draw 1/3rd of the quota. the first appellate companyrt decreed the suits and declared that each of the plaintiffs was entitled to 1/3rd share of the quota allotted in the name of jain bodh hosiery. the question which falls for companysideration in these appeals is whether the respondent is entitled to a declaratory decree to draw 1/3rd quota of the woollen yam allotted to the business of the appellant under the name and style of jain bodh hosiery ludhiana. the partnership during the years 1956 to 1959 and therefore quota was an asset of partnership to which the respondent was entitled. quota is number part of goodwill. the quota is to be allotted to the manufacturer members on the basis of figures of companysumption of woollen yarn by the members during the years 1956 to 1959 called the basic period. in order to be eligible for quota a manufacturer is required to be a member of any of the five associations registered with the hosiery industry federation. the three partners after dissolution carried on their individual business. the federation was authorised by the government to distribute woollen yarn amongst the members of the federation. under the deed of dissolution of partnership the entire business assets of the firm along with goodwill and liabilities were taken over by shadi lal. the parties proceeded on the admitted procedure of allotment of quota. companynsel for the respondent companytended that the origin of quota was the performance of. the three persons were partners in the aforesaid business. the respondent nagin chands cause of action was this. it may be stated here that ramesh chand filed a suit against shadi lal and the other parties on a similar cause of action. on 31 march 1959 the partnership was dissolved. the appellant and the respondents are partners. the woollen yam production and distribution companytrol order 1960 which came into force on 29 october 1960 is the relevant order. the trial companyrt dismissed the suits. 273 and 274 of 1964.
sen b. p. maheshwari maya krishnan n. k. jain and r. k. maheshwari for the appellant. 1419 1420 of 1970.
appeals by certificates from the judgment and decree dated january 19 1970 of the punjab haryana high companyrt at chandigarh in i.p.a. the high companyrt in letters patent appeal accepted the appeal and decreed the suits in terms of the decree of the first appellate companyrt. the high companyrt arrived at these conclusions. both the suits were tried together. the learned single judge of the high companyrt on second appeal set aside the decree granted by the first appellate companyrt and dismissed the suits. the judgment of the companyrt was delivered by. raw material is converted into finished products. ray j. these two appeals are by certificate against the judgment dated 19 january 1970 of the punjab and haryana high companyrt. c. setalvad d. n. misra j. b. dadachanji o. c. mathur and ravinder narain for the respondents. there was a similar order which came into force on 21 september 1960.
the earlier order was repealed by the later order. civil appellate jurisdiction civil appeals number. number.
| 1 |
test
|
1972_438.txt
|
Then the bank account numbers of the CJP. From the accounts of the Sabrang Trust and CJP, the petitioners have withdrawn Rs.1,08,73,78200 as cash. Monthly withdrawal of salary by both the accused from all the six accounts of CJP, Sabrang Trust and Sabrang Communications. The donations received by the Sabrang Trust and CJP are utilized for personal purposes. From the accounts of the Sabrang Trust and of CJP, an amount of Rs.46,91,25000 and Rs.28,34,80400 were transferred to the personal accounts of the petitioner number. The FCRA permission from MHA for CJP and Sabrang Trust was granted in November, 2007. From the accounts of the Sabrang Trust and CJP, the petitioners have paid Rs.29,66,12100 towards Credit Card payments. This bungalow was in the name of my uncle Anwarkhan Ahmedkhan Pathan. This Teesta Setalvad and Tanveer Jafri and other persons jointly planned a companyspiracy of gathering photos etc of affected persons of Gulberg Society and other affected locations and displayed these on the CJP and Sabrang website and on internet against our desires. In this bungalow the numberinee was my aunt Jetunbibi Anwarkhan Pathan. Institute Bank A c. in IDBI No.014104000204736 and the Sabrang Bank Account Union Bank of India No.369102010802885 were displayed on the internet and appeals for the fund and crores of rupees were companylected in the bank accounts. Credit card details received from the UBI and Citi Bank revealed expenditure of purely personal nature running into lacs of rupees being serviced from the CJP and Sabrang Trust accounts through cheques signed by the petitioners. Thus, this bungalow is on the name of his wife Jetunbibi Anwarkhan Pathan who was residing there. Nirant, Juhu Tara Road, Mumbai Tanveer Jafri Chairman of G.B.Soc. On the basis of the facts available on record as aforestated, this Court assigned the reasons as to why custodial investigation was necessary they were as under From the accounts of the Sabrang Trust and CJP, a total amount of Rs.1,69,84,66900 have been transferred to the Sabrang Communication Publishing Pvt Ltd, a companypany owned by the petitioners. Simultaneously, with the registration of the aforementioned FIR, the Assistant Commissioner of Police, Cyber Cell, Crime Branch, Ahmedabad issued instructions to the Union Bank of India, Juhu Tara Branch, Mumbai and IDBI, Khar Branch, Mumbai to seize the stated bank accounts pertaining to Sabrang Trust, CJP Trust, Teesta Atul Setalvad and Javad Anand, appellants herein. On the ground floor in two rooms my elder uncle Anwarkhan Pathan and his wife were lived. But this massacre time my elder father Anwarkhan Ahmedkhan Pathan was killed. We got this information under an RTI application that the CJP NGO had, from 2009 to 2011 had companylected Rs.63 sixty three lakhs and the Sabrang Trust had companylected Rs.88 eighty eight lakhs from local and foreign companyntries. 04/01/2014 My name is Firozkhan Saeedkhan Pathan, Aged 41, Business. At these seminars, number and then, Teesta Setalvad, Tanveer Jafri, as also their persons, Father Cedric Prakash and R.B. Further numbersubstantial income of any nature, except from the CJP and Sabrang Trust, is numbericed in both the above mentioned personal accounts of the petitioners, which were further invested in fixed deposits, shares and mutual funds such as ICICI Prudential, Reliance Capital, Kotak Mahindra, Franklin Templeton etc. On the applications for de freezing of the companycerned bank account filed before the Metropolitan Magistrate Court No. In the year 2002, after Godhra incident, our Gulbarg Society too was burnt by anti social elements and 68 persons killed including my grand mother Kherunnisha A. Pathan Aged 80 and my uncle Anwarkhan A. Pathan Aged 70, my mother Johurannisha Saeedkhan Pathan aged 57, my uncles wife Jamilabanu Rashidkhan Pathan aged 45 and my elder father Anwarkhans son Akhtarkhan A. Pathan and his wife Sahedabanu Akhtarkhan and his son Sadabkhan A.Pathan. And other two rooms my younger uncle Rashidkhan A.Pathan and his wife Jamilabanu and my grandmother Kherunnisha A. Pathan lived in it. Therefore, a companyplaint against Teesta Setalvad, her husband Javed Anand, who both live at Nirant bungalow, Juhu Tara Road, Mumbai and Tanveer Jafri, and Chairman of Gulberg Society, Salimbhai Sandhi and Secretary Firoz Gulzar Mohammed Pathan and others who may be involved after investigations, this is my companyplaint for a detailed and lawful investigation. Name, Add and details of Accused Teesta Setalvad Resi. At this meeting, son of former MP Ahsan Jafri, Tanvir Jafri was also there and spoke of putting a statute of his father Ahsan Jafri and building a Museum there. The genesis of the freezing of the bank accounts of the appellants is the registration of the FIR bearing CR No.1/2014 on 4th January, 2014. In so far as the Sabrang Trust appellant in Criminal Appeal No.1085/2017 , vide order dated 9th September, 2015 the Competent Authority suspended its authorisation. Intimation about the seizure of companycerned bank accounts was given to the companycerned Magistrate on 21st January, 2014. XI, Ahmedabad. On the third floor, I myself, my father and my mother Jehunnissa and my younger brother Imtiyazkhan Saeedkhan Pathan were residing. P.C., by number informing the Magistrate of the action of freezing of the accounts the Investigating Officer has number given prior numberice to the account holders before freezing of their bank accounts the appellant CJP Trust, in any case, is number named as accused in the alleged crime and is number associated with the same in any manner the companycerned Trust maintains proper accounts which are duly audited and there is numbertrace of any illegality companymitted in respect of receipt and expenditure the companytributions made by foreign fund is after due approval of the Competent Authority the attempt of freezing of the bank accounts of the Trust and also personal accounts of the Trustees, in particular private appellants, was motivated and an attempt to stifle them from carrying on their social welfare activities the bank accounts had numbercausal companynection with the companymission of alleged offence in respect of which investigation was in progress and more so, number even one donor has companye forward to question the intention or activity of the companycerned Trust. Receipt of donations to the tune of Rs.29,20,00000 from Ashoka Foundation, Arlington, USA, in the personal accounts of Ms. Setalvad and Rs.6,05,44200 as foreign remittance in Ms. Setalvads personal account. Besides, the Competent Authority under the Foreign Contribution Regulation Act, 1976 issued orders on 23rd July, 2015, categorising the authorization in respect of Citizens for Justice and Peace Trust CJP Trust, appellant in Criminal Appeal No.1084/2017 , as prior permission. The bank accounts were seized and intimation in that behalf was given to the companycerned Magistrate on 21st January, 2014. Sonal Cinema, Vejalpur Road, Ahmedabad City. The members of these trusts number amassed these funds through misrepresentation but also used these funds for personal reasons. Nirant, Juhu Tara Road, Mumbai Javed Anand Husband Resi. Along with this Teesta Setalvad and resident of Surat, Tanveer Ahsan Hussain Jafri together, from 2007 to 2012 companyducted programmes, made CDs and sent to her sister, Nargis Jafri and his younger brother Zuber who lived in USA via email and through hard companyies. Sonal Cinema, Vejalpur Road, Ahmedabad City M 9974240961. Ahmedabad Po. After this, in 2008, on 28.2.208, when all of us members and residents of the Gulberg Society gathered there to companymemorate the dead, Teesta Setalvad had also visited and held a meeting. Apart from this also, crores of rupees have also been amassed by them and used for personal reasons and companymitted a breach of trust and cheating with affected persons. F That accounts were Foreign Contribution Regularization Accounts FCRA under the authorization of the Home Ministry, and therefore, local police had numberauthority to freeze them. 1 2 with the IDBI, Mumbai, it was numbericed that both the accounts were opened on 30.04.2005. These funds were number used for the benefit of the members of Gulberg Society. At this meeting affected persons following Godhra from Naroda Gaam, Queishi Yunusmiya and Odh villages Anwarmiyan and Saeed Radeeq Ahmed and Hasan Khan Pathan and Yusuf Vora and Jaffer Khan Pathan as also affected persons from Nroda Patiya, Sardarpura, Visnagar Deepda Darwaza , and Pandharwada were also present at the meeting. And in other two rooms my elder father Anwarkhans younger son Akhtar Khan A. Pathan and his wife Sajedabanu and their son Sadab and daughter Farin resided. After that in the 2007 lived in Firozalla, Nr. These companytentions have been duly companysidered by the Magistrate whilst rejecting the application submitted by the appellants for de freezing the accounts. Year 2014. Crime Ahmedabad City. Beat number Chawky name Address Gulberg Society, Meghani Nagar, Ahmedabad and by the interest If the offence has occurred outside the police station then name of that police station. Reason for late information Narration of Property if lost or theft Total price of theft Accident if death death Details of 1st Information The facts of this case are such that as mentioned on above date, time and place, the accused named in had companyspired and exhibited the photographs and video of Gulberg Society and other affected areas and the accused had put up on the CJP and Sabrangs websites with the help of internet against the wishes of the companyplainant and on the website appealed wealthy people to deposit donation in the CJPs IDBI bank account as well as Union Bank of India Account of Sabrang and thereby obtained deposits of crores of rupees and used the money for personal use by diverting in different institutions with one same address thereby indulging in wrong activities in the name of religion and used Rs. 18, at Gulbarg Society, Chamanpura, Omnagar Road at Meghaninagar, with my family at the time of Godhra Riots. Complaint Information Name Firozkhan Name of Father Saeed Khan Pathan Birth Date Year Nationality Indian Passport No Dt. 1,51,00,000/ for personal use between 2009 and 2011 thereby companymitted breach of trust cheated the victims by using internet. On the Second floor two rooms where my uncle Anwarkhans son Asiamkhan A.Pathan and his wife Suraiya and their son Azar lived. Re.15, Shukun Residency, 2nd Floor, Opp. There, they organised seminars, showed CDs and wrongfully companylected funds and companylected crores of rupees for this. In the year 2002, I was residing in Bungalow No. Be that as it may, the criminal revision applications preferred by the appellants before the High Court of Gujarat, challenging the order dated 28th November, 2014 passed by the Magistrate rejecting the prayer for lifting of the bank account freezing, were finally heard and dismissed vide companymon judgment dated 6th/7th October, 2015. The appellants thereafter moved formal applications before the Metropolitan Magistrates Court at Ahmedabad, being Miscellaneous Application Nos.175 178/2014 which were dismissed by companymon order dated 28th November, 2014 passed by Additional Chief Metropolitan Magistrate, Ahmedabad. Every year since 2007 Teesta Setalvad held meetings calling affected persons and media persons and made CDs of the opinions of affected persons and their plight and talked of making a museum there. Occupation Business Address 15, Shukan Residency, 2nd floor, Opp. That application was, however, withdrawn on 29th September, 2014 with liberty to approach the companycerned Magistrate for appropriate relief. Upon scrutiny of the saving accounts Nos.014104000142595 014104000142601 of the petitioner number. The other relevant fact to be numbered is that additional offences have been added to the FIR in relation to which the bank account freezing directions were issued by the Investigating Officer, punishable under Sections 467 and 471 of the Indian Penal Code IPC . After that, we have taken a flat on rent at Rakhial and live there for one year, and then, in the year 2004, we lived in a flat which on rent, at Juhapura for one and half year. And after that we lived in Ambar tower flat No.28, taken on rent and lived for one and half year there. XI, Ahmedabad, it was mainly companytended that the Investigating Officer had failed to companyply with the mandate of Section 102 of Cr. The first point was about the absence of prior numberice to the appellants before the freezing of the bank accounts, which has been rejected following the Bombay High Court Full Bench decision in the case of Vinoskumar Ramachandran Valluvar V. The State of Maharashtra1. This fund was fraudulently used for their personal expenses through the creation of different organisations at the same address. We lived at Dariyakhan Ghummat, Shahibaug relief camp for three months. The same has been extracted in paragraphs 37 and 38 of the impugned judgment, which read thus From the aforestated facts this Court drew following inference thus Thus, from the above, it is evident that the accounts were also number audited for a long period of time, and it is only when the FIR was registered wherein serious allegations of misappropriation of lacs of rupees have been alleged that all of a sudden the accounts from April, 2003 to March, 2008 were got audited in the year 2014. Aggrieved, the appellants filed four separate revision applications before the High Court of Gujarat at Ahmedabad, bearing Criminal Revision Application Nos.249 252 of 2015. Further, different companytributories including Human Resources Development Ministry, have companytributed to the companypus of the Trust and numbere of the companytributors or donors have ever raised any objection about the activities of the appellants. Accordingly, the applications came to be rejected vide a companymon order dated 28th November, 2014 by the Additional Chief Metropolitan Magistrate Court No. It also appears that the custodial interrogation is necessary for the following reasons The case of the prosecution is based on companyent documentary evidence received from the Charity Commissioner, Mumbai, Ministry of Home Affairs, New Delhi, various Banks, etc. The High Court then numbered the companytention of the appellants that the Audit Reports of the accounts companycerned were submitted to various authorities, like Charity Commissioner, Home Ministry etc.,
who 1 2011 Cri. On 8th July, 2015 the appellants have been granted anticipatory bail in respect of the said offence. Proposal to purchase the Gulbarg Society was mooted by petitioner number1 orally in December, 2007 and formally in January, 2008, Resolution was passed by the society accepting her proposal in June, 2008 and thereafter the advertisements companymenced and monies started pouring in. The appellants then filed Special Criminal Application No.2710/2014 before the High Court of Gujarat at Ahmedabad. The petitioners have endeavored to explain the credit card payment running into lakhs of rupees by stating that all such personal expenditure were repaid to the NGO Page 40 of 48 HC NIC Page 40 of 48 Created On Fri May 06 163326 IST 2016 R CR.RA/249/2015 JUDGMENT accounts. It is also relevant to numbere that FIR has been registered by the Competent Authority of CBI in respect of violation of Foreign Contribution Regulation Act, 1976. Offence place Distance of offence from po.st. Against the said decision the appellants preferred special leave petition before this Court, being Special Leave Petition Criminal No.3330/2014, which was allowed to be withdrawn on 5th May, 2014 with liberty to the appellants to move before the Competent Authority. companyld number have been exercised as numbermaterial was produced by the investigating authority to support the fact that the property in question was parted with to indicate the companymission of alleged offence of cheating or breach of trust or for that matter forgery of the record. Such police officer, if subordinate to the officer in charge of a police station, shall forthwith report the seizure to that officer. While the said revision applications were pending, the anticipatory bail application filed by the appellants in companynection with the alleged offence came to be rejected by the High Court by a speaking order dated 12th February, 2015. On being asked personally, I am giving this companyplaint that I am residing at the above mentioned address with my family since 2004 and own a Relief Cyber Caf at Relief Road. Salim Sandhi. Any police officer may seize any property which may be alleged or suspected to have been stolen, or which may be found under circumstances which create suspicion of the companymission of any offence. The same reads as follows First Information Report of Offence under police Jurisdiction under Sec.154 of Cr. Details of act done after registration of the offence Dtd. Secretary of G.B.Soc. This bungalow number 18 was three storied. First Information number I CR No.01/2014 Dt.4/1/2014. The companymon question posed in these appeals centres around the sweep, purport and applicability of Section 102 of the Code of Criminal Procedure, 1973 hereinafter referred to as the Code , which reads thus Power of police officer to seize certain property. The High Court also adverted to the decision of the companyrdinate Bench while rejecting the anticipatory bail application preferred by the appellants and inference drawn in support of the companyclusion as to why the prayer for anticipatory bail should be rejected. Financial details received from these authorities require detailed investigation. The persons unknown are named as etc. St. 4/1/14 Time 1415 Station diary entry number 07/2014 Time 1415 How got information Oral or writing Writing. Chief Metro Magistrate Court 11 Abad. St. D.C.P. Firoz Gulzar M.Pathan and others who companye out after inquiry. Cash withdrawal running into over Rs 1.09 crore need to be further scrutinized and examined wherein Rs.50,00000 to Rs.5,00,00000 have been withdrawn as cash on a single day. The petitioners have number submitted any debit credit vouchers and or cheques details to prove their statement. Crime O.G. M. Khanwilkar, J. That order has been challenged by way of Special Leave Petition Criminal No.1512/2015 which has been companyverted into Criminal Appeal No.338/2015 and is pending for companysideration by a larger Bench in terms of order dated 19th March, 2015. The principal argument of the appellants was that the power under Section 102 of Cr. I have received a companyy of my companyplaint. Sd B.Gamit S.I. It was also companytended that the appellants and their chartered accountants and auditors were extending full companyperation with the investigation. had visited America. P.C Dist. Sd Asst. P.C. This companyplaint is true as per my knowledge which has been read and understood by me and thereafter signed. Shree Kumar Retd. The appellants have been given interim protection of stay of arrest during the pendency of the said appeal. G.P. These companytentions were companyntered by the respondents. and direction. I will pay you the value of your houses within a month. 1 2 respectively.
| 0 |
train
|
2017_501.txt
|
PW1, who treated the deceased, informed PW5 that the deceased was fully companyscious and was in a companydition to give her statement. PW4 recorded the second dying declaration Ext. PW5, in the presence of PW1, recorded the dying declaration Ext. Dr. Suresh Pawar PW3 informed PW4 that the deceased was fully companyscious and was in a companydition to give statement. The first dying declaration was recorded by PW5, the Head Constable on 19.10.1998 when the deceased was admitted to the Civil Hospital, Satara. P23 of the deceased, which was sealed in an envelope Ext. P26 was recorded by PW5, in the presence of PW1. PW3, who examined the deceased, also informed PW4 that the deceased was fully companyscious, well oriented and in a fit companydition to give the statement. P26 and Ext. PW1 found that she was fully companyscious and was in a companydition to give statement. PW4, therefore, recorded the second dying declaration in the presence of PW3. A 2 then sprinkled kerosene from a plastic can over the body of the deceased and A 1 then lit a match stick and set fire on the saree of the deceased. Barge, PW1 treated her and informed Head Constable Shelar PW5 regarding the admission of the deceased, in an injured companydition. Father of the deceased, Rajaram Mahadu Tupe PW6 , also met the deceased, who had also narrated the same incident to him, which was companysidered as the third dying declaration. The deceased succumbed to the burn injuries on 21.10.1998 and accused were charge sheeted. After first aid, the deceased was referred to the Civil Hospital, Satara and on 19.10.1998, at about 3.10 AM she was admitted there. Statements therein were further companyroborated by the evidence of PW6, father of the deceased. Later, Special Judicial Magistrate PW4 reached the Civil Hospital, Satara. PW7 seized the plastic can, match stick and partly burnt cloths from the spot where the deceased extinguished the fire by rolling on the ground. We may indicate that in this case the companyviction was recorded on the basis of the dying declarations, Ext. PW4, who companyducted the post mortem examination, stated that burn injuries found on the body of the deceased were ante mortem injuries, which were sufficient to cause death. P24 and was deposited in the Court of the CJM, Satara. Later, the Special Magistrate PW4 also reached the Civil Hospital. On getting information, parents of the deceased came to the spot and took her to the nearby Public Health Centre, Mayani. Deceased shouted for help and rolled down on the ground and ultimately succeeded in extinguishing the fire, but by the time she had suffered more than 80 per cent burns over the body. P23 companyroborated by circumstantial evidence. PW7, the investigating officer, came to the spot of the incident and prepared the spot panchnama. The prosecution story is as under A 1 son and A 2 father returned to their house on 18.10.1998 at about 7.00 PM, fully drunk. On reaching home, they demanded Rs.200/ to Rs.300/ from the wife of A 1. On refusal, she was severely beaten up and asked to bring it from her parental house. S. Radhakrishnan, J. Appellant herein, accused No.1 A 1 along with his father, accused No.2 A 2 was charge sheeted for the offences of murder of his wife under Sections 302, 498A read with Section 34 of the Indian Penal Code. A 1 and A 2 were found guilty and sentenced to suffer imprisonment for life, with a default sentence. Aggrieved by the order of companyviction and sentence, they filed Criminal Appeal No.11 of 2000 before the High Court of Bombay and the same was dismissed vide judgment dated 09.02.2004. A 2 later died and A 1, aggrieved by the judgment of the High Court has filed this appeal. Dr.
| 0 |
train
|
2014_150.txt
|
Jammu and Kashmir National Panthers Party, a recognized political party in the State of Jammu and Kashmir has filed this appeal before this Court seeking to impugn the judgment of Jammu and Kashmir High Court, dated 2nd of June 2009. This amendment has been brought about in 2002. GANGULY, J. Leave granted.
| 0 |
train
|
2010_1216.txt
|
The High Court also found that there was enmity between Jai Bhagwan and the respondents and the witnesses shared that hostility along with Jai Bhagwan. The High Court also doubted that the fatal injuries were caused to Jai Bhagwan with dagger Ex. A.Nos.53/86 and 56/ 86. P 1, alleged to have been discovered by respondent Raj Kumar, as the medical evidence showed that the injuries found on the person of Jai Bhagwan companyld number have been caused by that dagger. Appeal No.53/86 was filed by accused Raj Kumar and Pawan Kumar. The trial companyrt believed the evidence of Basant Ram, Din Dayal, M.K. All the three appellants were acquitted by the High Court and thereafter Din Dayal, the witness in the case and close relative of deceased Jai Bhagwan, has filed these appeals after obtaining special leave from this Court. The High Court on reappreciation of their evidence found that the version given by them was so improbable and sic their companyduct was so unnatural that it created a serious doubt regarding the truthfulness of their evidence. Bhatnagar and Kalu Ram P.Ws.1 to 4 and companyvicted the respondents under Section 302 read with 34 IPC. The other appeal was filed by accused Uday Singh. Both these appeals arise out of the companymon judgement of the High Court of Delhi in Crl. Nanavati, J.
| 0 |
train
|
1998_248.txt
|
1932000/ . 120750/ which was the rebate allowed on rs. the income tax officer however held that sub s. 10 of s. 35 applied and accordingly directed that the rebate allowed on the sum of rs. 19320000/ on april 20 1954.
this dividend came out of the undistributed profits of the calendar year 1951 on which the appellant had been allowed rebate. 1932000/ should be withdrawn by recomputing the tax payable by the appellant. 10279808/ and was allowed a rebate of one anna per rupee on the undistributed fits of rs. for the assessment year 1952 53 the companyresponding account year being the calendar year 1951 the appellant was assessed to income tax and super tax on a total income of rs. 598353/ on april 17 1954.
for the said calendar year 1952 the appellant declared a dividend of rs. the appellant raised some objections one of which was that sub s. 10 of s. 35 did number apply to his case. was delivered by s. k. dasj. on march 18 1958 the income tax officer special circle ahmedabad respondent number 1 before us issued a numberice to the appellant calling upon the latter to show cause why action under sub s. 10 of s. 35 should number be taken against the appellant by withdrawing the rebate allowed on the sum of rs. part i of the first schedule to the finance act 1952.
the amount of rebate allowed was rs. for the assessment year 1953 54 the companyresponding account year being the calendar year 1952 the appellant showed a book profit of rs. this appeal on a certificate of fitness granted by the high companyrt of bombay raises a question of interrpetation of sub s. 10 of s 35 of the indian income tax act 1922.
the facts which have given rise to the appeal are these. the income tax officer passed this order on march 27 1958.
being aggrieved by that order the appellant moved the high court of bombay by a writ petition filed on june 26 1958.
the main ground taken by the appellant was that sub s. 10 of s. 35 did number apply to a case where dividend was declared as in this case before the companying into force of sub s. 10 of s. 35.
the appellant then obtained certificate of fitness and has preferred the present appeal in pursuance of that. the judgment of s. k. das and j. l. kapur jj. the judgment of m. hidayatullah and raghubar daval jj. 228924/ . the ahmedabad manufacturing and calico printing company limited is the appellant before us. was delivered by m. hidayatullah j. k. sarkar. the appellant companypany was incorporated under the indian companypanies act 1866 and has its office at ahmedabad. he ordered the issue of a demand numberice for a sum of rs. civil appellate jurisdiction civil appeal number 139 of 1962.
appeal from the judgment and decree dated numberember 6 1958 of the bombay high companyrt in special civil application number1806 of 1958.
j. kolah j. b. dadachanji o. c. mathur and ravinder narain for the appellant. 3662776/ under the first proviso to paragraph b of. it carries on the business of manufacturing and selling companyton piece goods and chemicals. certificate. gopal singh and r. n. sachthey for the respondents. the following judgments were delivered.
| 0 |
test
|
1962_340.txt
|
A.No.1021 of 2004. A.No.1020 of 2004. A.No.1020 of 2004 and Sarvajit Singh Sobhu, appellant in Crl. The accused Ranjit Singh along with his father Harihar Singh, his brother Sarvajit Singh Sobhu and companysin Sheo Shankar Singh alleged to have pounced upon P.W.1 Rakesh Kumar and the deceased Lorik and stopped their motorcycle by catching hold of its carrier. When Crl. While P.W.1 attempted to drive fast, the accused Harihar Singh exhorted his associates to kill the deceased, whereupon, Ranjit Singh is stated to have fired a shot and the same hit the deceased Lorik on his back. After receiving the injuries, the deceased Lorik stated to have jumped from the motorcycle and ran away shouting for help. As the deceased Lorik jumped from the motorcycle, P.W.1 Rakesh Kumar lost his balance, fell down and got his leg injured. A.No.1020 of 2004, as well as the appellant in Crl. Ranjit Singh armed with a revolver and the remaining three accused with companyntry made pistols, stated to have attacked the deceased Lorik by firing at him with their weapons and on receiving the injuries, Lorik fell down a few paces ahead and when Ranjit Singh fired again, the deceased is stated to have succumbed to the injuries instantaneously. The appellant in Crl. A.No.1020 of 2004, as well as one Harihar Singh were tried in Sessions Trial No.164 of 1979 and the appellant in Crl. Thereafter, Ranjit Singh and the appellants stated to have fled away from the scene of occurrence in the motorcycle belonging to W.1 Rakesh Kumar while Harihar Singh stated to have ran away from the scene of occurrence. As far as the motive is companycerned, according to the prosecution, one Raja of Ausanganj, a Zamindar, owned huge properties with whom one Mukhchand, father of the deceased Lorik, was employed as a gardener. On 13.08.1974, the deceased along with his associates is stated to have assaulted the accused Harihar Singh and a criminal case was also lodged against him. It was in the above stated background, it is stated that the accused party headed by Harihar Singh, who were nurturing a long standing grievance against the deceased, engineered a plot to eliminate him, which resulted in the ultimate murder of the deceased. Further as salary companyld number be paid to the said Mukhchand by the Zamindar, the Zamindar allowed him to segregate six bighas of land from the forest belonging to the Zamindar for cultivation. A.No.1021 of 2004, only survive for companysideration. P.Ws.1 and 3, Rakesh Kumar and Ramjit son and brother of the deceased, were examined as eyewitnesses. It is in the above stated background, as on date, the appeal relating to Sheo Shankar Singh, the appellant in Crl. As the story of the prosecution goes, on 13.06.1979 at 3.30 p.m. at Badhwa Chau Muhanion Kachcha Road, by the side of the godown of the Irrigation Department near the hovel of Vinod, the deceased Lorik was travelling along with P.W.1 Rakesh Kumar his son, in a motorcycle bearing No. A.No.1021 of 2004 were further charged for an offence under Section 379 of I.P.C. Irked by the above result, the Zamindar who was nurturing a grievance stated to have set up the accused who were local gundas to get rid of the deceased, his brother and his family members from the lands. On being satisfied with the services of the said Mukhchand, the Zamindar gave him a land for raising companystruction. A.No.1021 of 2004, was tried in Sessions Trial No.228 of 1979. The present appellant in Crl. The second appellant in Crl. It is stated that the accused started intimidating the family members of the deceased, which gave rise to frequent companyfrontation among the accused party and the party of the deceased, who wanted to protect their property. A.No.815 of 1981 before the High Court is the appellant before this Court in Crl. The said Mukhchand cleared off six bighas of land from the forest and stated to have started cultivating the same and after his death, his son one Basu, started working with the Zamindar. P.W.1 lodged the F.I.R. P.W.2 examined P.W.1 at 4.30 p.m. and the injury report was marked as Ex. Dr.Virendra Srivastava at the District Hospital, Ghazipur companyducted the autopsy on the body of the deceased on 14.06.1979 at 12.45 p.m. Since the price of the land increased by metes and bounds, the Zamindar wanted to reclaim the land, which ended in a prolonged litigation and ultimately the deceased and his brother stated to have succeeded in retaining the land. On hearing the hue and cry, Ramjit PW3 and Shyam Raj, uncles of P.W.1 Rakesh Kumar and one Sheo Narain, who stated to have witnessed the incident, reached the spot. A.No.814 of 1981 before the High Court is the appellant before this Court in Crl. Keeping the above factors in mind and the alleged crime companymitted by the appellants, when we deal with the submissions of the learned senior companynsel appearing for the appellants, according to the learned companynsel, it was a case of blind murder since the deceased Lorik himself was a history sheeter, which has companye out in the evidence of P.W.7, the Investigating Officer himself and, therefore, the appellants and the other accused were companyveniently roped in taking advantage of the earlier tussle as between the appellants and the deceased. The postmortem report issued by P.W.4 Dr.Virendra Srivastava, was marked as Ex. In the Section 313 questioning, while all the other accused pleaded number guilty and claimed to be falsely implicated on account of enmity, accused Sheo Shankar Singh companytended that on the date of occurrence, he had gone to attend a marriage in the house of D.W.1 Kanhaiya Singh at Singheri village, falling within the limits of Madganj Police Station, Ghazipur district. A.No.815 of 1981 was pending before the High Court, the first appellant Harihar Singh expired and his appeal, therefore, stood abated as against him as per the order of the High Court dated 11.02.2002. Dr.P.N.Tandon, Medical Officer at Ghazipur District Hospital, was examined as P.W.2. Aggrieved over the same, they preferred appeals before the High Court in Crl. The number consideration of the evidence of P.W.8 about the motorcycle, also vitiates the case of the prosecution. The inquest report prepared by the Investigating Officer P.W.7 was marked as Ex. Ka32 and Ka33. All the accused were charged for an offence under Section 302 read with Section 34 of I.P.C. The site plan map was marked as Ex. Ka12 and Ka13. Based on the evidence placed before the Trial Court, the Trial Court companyvicted the accused. The police registered a case in the General Diary and the same is marked as Exs. It was, therefore, companytended that by examining the close relatives of the deceased alone and by number examining those independent witnesses, it will have to be held that the case of the prosecution was manipulated and that the reliance placed upon the so called eye witnesses viz.,
1 and 3, should number have formed the basis for the ultimate companyviction of the appellants. A.Nos.814 and 815 of 1981 and the High Court having dismissed the appeals, the appellants are before us. According to the learned senior companynsel, as per the evidence of the Investigating Officer himself, at the time of inspection of the place of occurrence, apart from P.Ws. All the three accused were awarded life imprisonment for the charge under Section 302 read with Section 34 of P.C. UTH 1287 as a pillion rider. Fakkir Mohamed Ibrahim Kalifulla, J. at Kotwali Police Station at 4.00 P.M., on the same day. P.C., would belie the case of the prosecution. These appeals arise out of the companymon judgment dated 26.09.2003, by the High Court of Allahabad in Criminal Appeal Nos.814 and 815 of 1981. 1 and 3, the statement of one Somraj and Shiv Narayan were recorded, but both of them were number produced before the Court. Blood stained clothes and earth was sent for Serologist opinion and the blood group was numbered as B as per Exs. The State was represented by Mr.Vivek Vishnoi learned Standing Counsel for the State. The above fact was brought about in evidence through P.W.3 and the Courts below have numbered that while cross examining him, the said narration of facts relating to the motive companyld be ascertained. and the present appellants in these two appeals were further awarded two years rigorous imprisonment for the charge under Section 379 of I.P.C. The number examination of the so called other eyewitnesses whose statements were recorded under Section 161 of Cr.
| 0 |
train
|
2013_370.txt
|
664 of 1986. Brigadier Randhawa wrote to the Officer Commanding, B. Comp. 229 of 1986. Signal Regiment while Col.
Ali belonged to HQ 41 Sub Area. The Additional Chief Judicial Magistrate exam ined the companyplaint, and taking companynizance of the offences alleged to have been companymitted by Col.
Ali and Brigadier Randhawa it directed that summons be issued to them for their appearance before him on 7 March, 1986. In that application it was companytended that under the Army Act and the Army Rules it was number mandatory that all disciplinary cases against military personnel should culminate in a trial by the Court Martial and that the directions made by the Chief Judicial Magistrate with regard to the trial of Brigadier Randhawa and Col.
Ali by Court Martial were in companytravention of the Army Act and the Army Rules and the Criminal Court and Court Martial Adjust ment of Jurisdiction Rules 1978. Signal Regiment on 14 January 1986 seeking clarification from Major Sharma on some of the allegations. 1986 of the Gauhati High Court in Crl. On 21, March 1986 the Union of India through the General Officer Commanding filed an application before the Chief Judicial Magistrate for modification of the order dated 17 February 1986. Sharma addressed a letter dated 21 December 1985 to Brigadier S.S. Randhawa, Command er, HQ 41 Sub Area alleging that on 15 December, 1985 he was manhandled by Col.
Mir Usman Ali in the HQ 41 Sub Area Officers Mess at Jorhat. It appears that companyrespondence was exchanged in the matter but apparently Major Sharma, having met with numbersatisfactory response, filed a companyplaint 21 January 1986 in the Court of the Additional Chief Judicial Magistrate, Jorhat alleging that Col.
Ali had criminally assaulted him and further that Brigadier Randhawa did number report the matter to the higher authorities and was attempt ing to protect Col. It was alleged in the companyplaint that Col.
Ali had companymitted the offences under sections 323, 352 and 355 of the Indian Penal Code and Brigadier Randhawa had companymitted the offence under section 2 17 of the Indian Penal Code. Major Sharma was attached to B Camp. Crl. A third application was moved by the Union of India on 30 April 1986 to the Chief Judicial Magistrate requesting that the records of the case be handed over to the Army authorities. On two applications moved by Major Sharma before him the Chief Judicial Magistrate made an order dated 25 January. The respondent Major S.K. 271 of 1987. On 7 April 1986 the Union of India filed another application making more detailed submissions for modification or the other dated 17 February 1986. It was prayed that the order dated 17 February 1986 be reviewed by deleting the direction for a trial by Court Martial at a place within the jurisdiction of the Court of the Chief Judicial Magistrate and of the direction further that the progress of the case should be intimated to the Chief Judi cial Magistrate at intervals of two months. 271 of 1987 and Petitioner in W.P. 271 of 1987 and Respondent in W.P. K. Jain, Gaurav Jain, Abha Jain and R.P. It was asserted that the proposed disciplinary action would be initiated by the General Commanding Officer after an investigation of the alleged offences in accordance with Army Rule 22. Srivastava, P. Purameswarn and Ashok Srivastava for the Appellant in Crl. It was stated that the incident took place in the presence of Major M.M. Singh for the Respondent in Crl. He also directed that Major Sharma should be permitted to proceed on leave to enable him to apply to the Gauhati High Court for filing a writ petition or taking other legal proceedings. Subbaiah. K. Ganguli, R.P. Thereafter a special Leave Petition was filed by the Union of India, out of which the present appal arises. The Judgment of the Court was delivered by PATHAK, CJ. From the Judgment and Order dated 3.7. CRIMINAL APPELLATE ORIGINAL JURISDICTION Criminal Appeal No. Special Leave is granted. A. No.
| 0 |
train
|
1987_241.txt
|
49743 6 2 being the invoice value of the goods supplied with. the high companyrt rejected the plaintiffs claim for damages for breach of companytract and held that the plaintiff was entitled only to the fair price of the goods supplied to the companyporation. 38010 59 was due to the plaintiff. the plaintiff supplied the goods from time to time and the companyporation made payments according to the invoices. on july 3 1953 the plaintiff delivered certain goods required by the companyporation and submitted an invoice for rs. 49743 6 2 being the value of motor spare parts supplied and for rs. the trial companyrt decreed the plaintiffs suit for rs. the municipal companyporation appealed to the high companyrt of bombay against the decree of the civil judge senior division. 49743 6 2.
the municipal corporation failed to pay the amount of the invoice and terminated the companytract. the plaintiff filed cross objections to the decree appealed from. the plaintiff then instituted an action in the companyrt of the civil judge senior division poona for a decree for rs. the judgment of the companyrt was delivered by shah j. piloo dhunjishaw sidhwa hereinafter called the plaintiff carries on business in the name and style of hind motor companyporation at bombay. by a letter dated february 1 1952 the transport manager of the municipal companyporation of poona called upon the plaintiff to supply motor spare parts described therein of the total value of rs. to determine the amount due to the plaintiff the companyrt appointed a companymissioner. the suit was resisted by the companyporation principally on the ground that the companytract on which the plaintiff relied was number executed in the manner prescribed by the bombay provincial municipal companyporations act 59 of 1949 and on that ground the companytract was number enforceable. the plaintiff has appealed to this companyrt with certificate granted by the high court. 271808 12 3.
the plaintiff by letter dated february 22 1952 agreed to supply the goods. 39755 2 4 being damages for breach of companytract. in the view of the high companyrt the fair price of the goods was the landed companyt and 40 thereon beside freight insurance packing and forwarding charges from bombay to poona. 2407 83 and rs. civil appellate jurisdiction civil appeal number 19 of 1967.
appeal from the judgment and decree dated july 23 24 and september 26 1963 of the bombay high companyrt in appeal number 801 of 1957 from original decree. c. bhatt r. a. gagrat and b. r. agarwala for the appellant. the high court disallowed rs. interest at 4 from the date of the suit and dismissed the claim for damages. b. kotwal and naunit lal for the respondent.
| 0 |
test
|
1970_129.txt
|
1077 of 1982. Parekh for the petitioner. 1 under s. 3 1 of the COFEPOSA, the petitioner was detained in Ahmedabad Central Prison with a view to preventing him from transporting smuggled goods and keeping smuggled goods. Grounds of detention dated 23rd April, 1982 alongwith companyies of statements and documents relied upon by the detaining authority were served on the petitioner. The petitioners representation made through his Advocate on 5th of August 1982 having been rejected on 13th of August, 1982, the petitioner has filed this writ petition under Art. 1 issued the impugned order of detention against the petitioner under s. 3 1 of the COFEPOSA and served it on him on 2nd July, 1982 whilst he was in judicial custody under Courts order in two cases, one under the Arms Act and the other under the Foreigners Act pending against him and after taking him in custody again under the impugned order detained him in Ahmedabad Central prison under the COFEPOSA. 1 by its order dated 1st of July, 1982 revoked the detention of the petitioner under s. 8 f of the COFEPOSA and directed him to be released forthwith, unless he was required to be retained in custody under the orders of any companypetent companyrt of law. 22 5 so as to vitiate the order of detention and hence, in our view, there exists numbersufficient cause for the companytinued detention of said detenu. By this petition Ibrahim Ahmad Batti, the detenu herein, is seeking to challenge the detention order dated 1st July, 1982 issued by the respondent No. On 15th April, 1982, the Custom Officers raided Bungalow No. However, on the same day i. e. 1st of July, 1982, the respondent No. 3, Sweta Park Society, Bhuderpura, Ambawadi, Ahmedabad, allegedly belonging to the petitioner but standing benami in the name of Rekhaben Champaklal Sheth and during the search that followed in the presence of the petitioner and one Hasmukh Prabhudas Sharma companytraband companyprising 700 pieces of gold with foreign markings weighing 7000 tolas, radios, camera, Video cassette recorder, companyour V. synthetic fabrics, crockery, etc. By an order dated 19th April, 1982 issued by the Respondent No. This seizure was followed by recording of companyfessional statements of the petitioner and his companyconspirators. Parekh, Bhaskarbhai Mehta, C.A. The petitioner made a representation against the said order of detention, which was companysidered by the Advisory Board, who opined thus although at the date when the detention order was passed there was sufficient cause for reaching the subjective satisfaction that it was absolutely necessary to detain the detenu under s. 3 1 of the Act, the subsequent failure on the part of the detaining authority to supply the translations in Urdu of the ground, and documents relied upon was a clear violation of the companystitutional mandate of Art. 72,766 were recovered the said gold and other articles were seized under the reasonable belief that the same were smuggled goods liable to companyfiscation under the Customs Act, 1962. 1 State of Gujarat under s. 3 1 of the Conservation of Foreign Exchange Prevention of Smuggling Activities Act, 1947 for short, the COFEPOSA and praying for a writ of habeas companypus directing his release after quashing the same. During the follow up action certain other premises were searched and further companytraband was seized. Poddar, for the Respondent State of Gujarat . Under Article 32 of the Constitution of India Ram Jethmalanni, P.H. Following the above opinion of the Advisory Board, the respondent No. Shah and J.M. V. Patel and R.N. Ashwani Kumar and Miss A. Subhashini for the Respondent Union of India. of companysiderable value and Indian currency of Rs. The Judgment of the Court was delivered by TULZAPURKAR, J. ORIGINAL JURISDICTION Writ Petition CRL No.
| 1 |
train
|
1982_121.txt
|
But we shall companystrain ourselves to the admission procedure in private unaided recognized schools in Delhi. If the school has companyducted draw of lots for those applicants securing 70 points that draw shall remain valid for the selected companyfirmed candidates only. Pursuant to aforesaid Notification dated 27.2.2014, following directions have been issued to Recognized Unaided Private Schools of Delhi for strict companypliance With the deletion of points of inter State Transfer Cases, the points shall be determined only as per Neighborhood Sibling studying in schools and Parent Alumni of Schools criteria. Fresh draw of lots shall be held for remaining applicants having 70 points including wait listed applicants and those applicants who were earlier securing 75 points because of Inter State Transfer Case Category. 70 points for Neighborhood and 5 points for Inter State Transfer, and were successful. On 14.2.2014, guidelines were issued by the Directorate of Education to eliminate any possible malpractices under interstate transfer category cases. The Department also hinted at companystituting a special team to companyduct random inspections of schools for verification of claims and Schools shall produce such certificates for the inspection of the team specially companystituted for this purpose by the Directorate of Education. The Department instructed schools to be extra vigilant about possible manipulations under interstate transfer category and make due diligence to verify the genuineness of transfer certificates, including verification from the source of issue of such a certificate. The Directorate of Education also instructed schools to prepare data of applications received under interstate transfer with particulars like number of applications, place from where transfer took place, and number of applications the schools have specifically received from NCR that shares its border with Delhi. The appellants had participated in the draw of lots and secured 75 points i.e. To address the grievances of the parents in companynection with the entry level admission in private unaided recognized schools of Delhi, the Directorate of Education on 17.2.2014 companystituted Inspection Team at each district of Delhi with a direction to companyduct random checking for verification of certificates documents submitted to ensure their genuineness and acceptability in term of fixed admission criteria. Because of that, their children did number get admission in any of the schools in Delhi and lost one academic year. Governor of NCT of Delhi made order to amend Recognised Schools Admission Procedure for Pre Primary Class Order, 2007, according to which admission to open seats in the schools shall be made only on the basis of following fixed parameters and points and further clarifying that vacant unfilled seat s , if any, shall be filled by draw of lots. While hearing matter, the High Court on 26.2.2014 directed the State Government to take a decision with regard to interstate transfer category and to issue a fresh schedule for draw of lots by 27.2.2014. After taking companynizance of companyplaints representations and on perusal of sample data companylected by the Inspecting Team and in companypliance of aforesaid order of the High Court, the Directorate of Education on 27.2.2014 issued a Notification and decided to do away with the Inter State Transfer Case criterion and deleted points of interstate transfer cases. The list s already declared by the school till date will number get modified to the extent that those seats assigned earlier to inter state transfer case category applicants shall stand vacated. As a result of which many parents have to give up the admission of their children in previous places and have to shift to Delhi in the mid of the session. Admittedly under the Notification dated 18th December, 2013, the children of the appellants had become eligible for admission inter alia on the basis of being children of parents who have been transferred inter State by being allotted 5 points. 237 of 2014 whereby the Division Bench of the High Court while adjourning the said appeals directed that the admission process shall be allowed to be companypleted for the other categories of students except the candidates of the appellants who have been transferred to Delhi from different States of India. The present appellants were transferred to Delhi from different States of India. Appellants have preferred these appeals by special leave against the interim order dated 3.4.2014 passed by the High Court of Delhi in LPA No.238 of 2014 and LPA No. Aggrieved by this numberification, appellants moved the High Court by filing Writ Petition No.1497/2014, upon which, the High Court while issuing numberice on 6.3.2014 granted interim stay of only direction number3 and directed that all candidates having equal marks shall be companysidered equally by companyducting a fresh draw of lots, wherever necessary. Aggrieved by the aforesaid order of the High Court, writ petitioners preferred LPA No.238/2014 before the Division Bench of the High Court. Y. EQBAL, J. Leave granted.
| 0 |
train
|
2014_269.txt
|
Before the High Court primarily the following grounds were urged There is discrepancy in the case numbers and the detaining authority was number supplied with material documents The translated companyy supplied to the detenu in Tamil language was different from what was supplied in the English language and there were several defects. That being so, the detenu was number in a position to make an effective representation Relevant and material documents were number placed before the detaining authority and were also number supplied to the detenu and as such he was prevented from making an effective representation Sufficient material was number placed before the detaining authority to pass the order of detention which was passed mechanically. Challenge in this appeal is to the judgment rendered by a Division Bench of the Madras High Court dismissing the Habeas Corpus Petition filed by the appellant seeking release of Rathina Raj Rathnavel Pandian hereinafter referred to as the detenu , who was detained under Section 3 1 of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Slum Grabbers and Video Pirates Act, 1982 in short the Act as a Goonda. The order of detention was passed in respect of Rathina Raj, which was approved by the State Government. The detention order was challenged by filing a Habeas Corpus petition before the Madras High Court. The accusation against him was to the effect that he is habitually companymitting crime and that he had also acted in a manner prejudicial to the maintenance of public order and as such he is a Goonda as defined under Section 2 f of the Act. No.1711/2006 ARIJIT PASAYAT, J. In support of the appeal, Mr. Jayant Bhushan learned senior companynsel submitted that at least two documents clearly show that the records were manipulated. Arising out of S.L.P . The other grounds were also number accepted. Leave granted.
| 1 |
train
|
2006_371.txt
|
the charity being associated with the hindu festival of rathotsavam at the gunaseelam temple. tiruchirappalli to set aside the order of the companymissioner on the plea that the samardhanai fund was a private charity number associated with any hindu festival or service in a temple and was number religious charity or a specific endowment or a public charity and that it companyld in numbermanner become subject to companytrol of the companymissioner madras hindu religious and charity endowments. against that order an appeal was carried by the trustees of the fund to the companymissioner of hindu religious and chartiable endowments. feeding brahmin pilgrims on the occasion of a hindu festival. the suit was resisted by the companymissioner companytending that the fund was held and administered for a religious charity viz. the district companyrt held that the charity was number a specific endowment within the meaning of act 2 of 1927.
after the madras hindu religious and charitable endowments act 19 of 1951 was enacted the deputy companymissioner of hindu religious and charitable endowments initiated a fresh proceeding under s. 57 d of that act and held that the samardhanai fund was a religious charity within the meaning of s. 6 13 of the act. the president hindu religious and charitable endowments board sought to levy for the years 135 1 to 1354 fasli contributions under s. 69 of madras act 2 of 1927 in respect of the fund. 1 and 2.
the judgment of the companyrt was delivered by shah j. venkatarama lyengar kasthuri iyengar and ranga lyengar residents of the village kariamanikam in tiruchirappalli district with the aid of companytributions subscriptions and donations set up a samaradhanai fund for feeding brahmin pilgrims attending sri venkatachalapathiswami shrine at village gunaseelam on the occasion of rathotsavam festival. 10500 to provide a permanent income for the fund. it was found that the expenses incurred for the rathotsavam festival did number exhaust the entire income and the balance was utilised for vanabhojanam in kariamanikam village in the month of kartigai and on the dwadesi following vaikunta egadesi day. with special leave the companymissioner has appealed to this companyrt. the trustees of the fund then instituted suit number 181 of 1954 in the companyrt of the subordinate judge. but in suit number 297 of 1947 of the file of the district companyrt at tiruchirappalli that claim was disallowed. civil appellate jurisdiction civil appeal number 844 of 1963.
appeal by special leave from the judgment and decree date numberember 1 1960 of the madras high companyrt in appeal number 199 of 1957.
ranganadham chetty and a.v. v. vishwanatha sastri and r. thiagarajan for respondent number. between the years 1936 and 1940 seven acres of land were purchased for rs. rangam for the appellant.
| 1 |
test
|
1965_180.txt
|
Against the appellate decision of the Assistant Commissioner, the assessee and the Commissioner appealed to the Tribunal the assessee claiming acceptance of the accounts and the returned taxable turnover and the Commissioner challenging the reduction of the estimated taxable turnover from Rs. Assessees appeal to the Assistant Commissioner succeeded in part and by order dated June 10, 1980 the Assistant Commissioner reduced the taxable turnover to Rs. Both the assessee and the Commissioner had a statutory right of appeal to the Tribunal against the decision of the Assistant Commissioner and in exercise of that right two separate appeals had been filed. The books of account were rejected and the disclosed taxable turnover of Rs. 65,000/ . The appeal by the Commissioner being 541 of 1981 was partly allowed on September 13, 1982 and the estimated taxable turnover was determined at Rs. When the appeal filed by the Commissioner was allowed, the Tribunal was interfering in effect with a previous order of the Tribunal itself which was incompetent It is unfortunate that the appeal of the Commissioner cannot be decided oh merit. This companytingency would have been avoided and should be avoided in future by ensuring that when the appeals are filed by the assessee and the Commissioner, they are heard and decided together. 1,00,000/ to Rs. 1366 of 1980 was dismissed by order dated June 11, 1982, by the Tribunal and the decision of the Assistant Commissioner was companyfirmed. The High Court held Once the Tribunal decided the appeal filed by the assessee and dismissed it, the doctrine of merger applied and the judgment of the Assistant Commissioner Judicial stood merged in the judgment of the Tribunal. Assessee allowed the Tribunals decision against it to become final but challenge was laid against the decision of the Tribunal in the companynected appeal by the Commissioner by filing a revision under Section 11 of the U. P. Sales tax before the High Court at Allahabad. 65,000/ while sustaining rejection of the books of account. Against this decision of the Allahabad High Court the present appeal has been filed by the Commissioner. Assessees appeal being O. M. A. 51,451/ was enhanced on estimate to Rs. We entirely agree with the High Court that the two appeals should have been heard at a time by the Tribunal. 90,000/ . The respondent was assessed to sales tax under the Uttar Pradesh Sales tax Act for the year 1977 78. 1,00,000/ by the assessment order dated October 30, 1979. Special leave granted. No.
| 0 |
train
|
1984_281.txt
|
The fourth tank also received its supply of water from the same river through a channel emanating from near the Pumbaleru anicut further down the river. In pursuance of that order, a masonry anicut known as the Chennur anicut was companystructed in 1944, the details whereof were stated in Ex. These ryots made several attempts to secure a portion of the water of Venkatagiri river by having an anicut companystructed over the river at a place called Gollapalli, about one mile up the river, in order to get supply of water to Chennur tank by means of a supply channel emanating from near the place of the proposed Gollapalli anicut. 2241/1 dated October 16, 1935 directing the companystruction of an anicut at Gollapalli for supply of water to the Chennur tank with certain safeguards to ensure that the supply to the Gudur anicut system was number adversely affected and to utilise only the excess water going to waste during the flood season for the Chennur tank. 4 feet long, the free portion to be kept fully planked only when the river was in flood with a view to divert surplus water to Chennur tank and was number to be planked until the Gudur anicut was surplusing. The case of the appellants was that from time immemorial their lands were irrigated from four tanks three of the tanks received their supply of water from the Venkatagiri river through a channel emanating from the Gudur anicut at a place called Ananthamadugu. 4000 00 of the land of the appellants were irrigated in the manner indicated above under the Gudur anicut system. In addition, a separate channel from the Pumbaleru anicut directly irrigated about Ac. The ryots of Chennur a village situate higher up the river, had also a tank for irrigating their lands. The appellants alleged that this would seriously affect their accustomed right to the supply of water from Venkatagiri river under the Gudur anicut system and practically deprive them of water during the low supply and spring periods. It passes by or near villages Chennur, Gudur, etc. 1161 dated May 6, 1939, but renewed their attempts for getting a larger supply of water from Venkatagiri river and the appellants came to know that behind their back and without numberice to them, the State Government passed another order in 1952 in which they directed i the extension of the Chennur anicut by another 46 feet.,
ii removal of the dam stones and planks altogether and the companystruction of a permanent masonry wall over the crest of the anicut to the entire length of 175 feet, iii raising the height of the wall by 3 feet more, and iv installation of three vents with screw gearing shutters for the flow of water down the Chennur anicut. They, therefore, prayed for a decree a declaring that the defendant has numberright in the circumstances stated above to alter or extend or add to the Chennur anicut over Venkatagiri river at Gollapalli in any manner whatsoever b for companyts of the suit and c and for such other and further reliefs as in the circumstances the companyrt may deem fit and proper in the circumstances. The appellants alleged that the Chennur ryots did number stick to the arrangements made as a result of G. O No. Certain other defendants, presumably ryots of Chennur, were made parties defendants on a later date. With those details we are number at present companycerned, except merely to state that the anicut companysisted of two portions a free portion 61 feet long on the west and a fixed portion about 11. But they renewed their attempts and in 1935, the Madras Government passed an order G. O. 2241/1 dated October 16 1935 and the matter was further investigated by Government. At first, the State of Andhra Pradesh was the only defendant. 600 00 of land. These attempts failed in 1929 1930. This is an appeal by special leave and the short question for decision is the true scope and effect of s. 4 of the Madras Irrigation Tanks Improvement Act, 1949 Mad. It was stated that on the whole, about Ac. Finally, G.O. They specifically said in the plaint that it was number necessary to ask for a permanent injunction as the defendant meaning the State of Andhra Pradesh was bound and certain to give effect to the declaration granted by the companyrt. V. Viswanatha Sastri and T.V.R. 1161 dated May 6, 1939, was issued modifying the earlier order in some respects. Tatachari, for the appellants. 428 of 1959. The appellants objected to the scheme of G.O. A 6 and summarised in paragraph 11 of the plaint. Ranganadham Chetty and P. D. Menon, for the respondent No. APpeal by special leave from the judgment and decree dated December 22, 1959, of the Andhra Pradesh High Court, Hyderabad in Second Appeal No. 614 of 1961. The section is in these terms No Court shall entertain any suit or appli cation for the issue of an injunction to restrain the exercise of any powers companyferred on the Government by section 3. XIX of 1949 , hereinafter referred to as the Act. The appellants were the plaintiffs in the first companyrt. K. DAs. CIVIL APPELLATE JURISDICTION Civil Appeal No. September 26. The Judgment of the Court was delivered by. J. No.
| 0 |
train
|
1962_218.txt
|
He had applied on September 16, 1986 for transfer and posting him as Ist Divisional Assistant in the same Department. By proceedings dated October 28, 1986, he was posted as a Ist Divisional Assistant in the same department. The appellant was appointed as a Junior Laboratory Technician in the Department of Family Health and Family Welfare Service on May 3, 1979. OF 1996 Arising out of SLP C No.3252/94 Leave granted. The appellant had applied for grant of the said benefit in 1989. By proceedings dated October 15, 1989, the same was rejected. Consequently, he filed a representation in the Administrative Tribunal which by its order dated January 13, 1993 in Application No.1545/92 dismissed the same. We have heard the companynsel on both sides. Leave granted. Thus this appeal by special leave. CIVIL APPEAL NO.
| 0 |
train
|
1996_380.txt
|
Thereafter his sons Rajaram Reddi and Ramalinga Reddi executed Ex. Varada Reddi died pending the suit. Mu thukrishna Reddi was impleaded as his legal representative. 1 sale deed in favour of Munisubba Reddi on 6.10.1949. In the present suit the plaintiff Munisubba Reddi alleged that he was put in possession of the land by Mu thukrishna Reddi after the said decree under an arrangement evidenced by Ex. Varada Reddi, aggrieved, instituted O.S. He companyveyed possession of the land to one Varada Reddi under an oral agreement of sale on 10.7.1946. It was found that the first defendant Achal Reddi has numbertitle to the suit property and that he is number in possession of the same. The respondents are the legal representatives of Munisubba Reddi, the plain tiff therein. 78 of 1949 against Munisubba Reddi and his vendors for specific performance of the companytract for sale, asserting his possession in pursuance of the agreement dated 10.7.1946. A deed of sale was drawn up on 17.7.1947, but Dasu Reddi died before it companyld be registered. A.4 dated 12.12.1955 and while in posses sion, the defendants Achal Reddi and others trespassed into the property in 1956. Achal Reddi companytested the suit denying the petitioners title and the alleged trespass and claiming that Muthukrishna Reddy had orally transferred his rights and companyveyed possession to him for valuable companysideration. The suit property having an extent of 13 acres and 42 1/2 cents originally belonged to one Dasu Reddi. The first appellate companyrt by the judgment dated 5.8.1964 rendered after the remand companysidered the question of title as well as possession and held If Muthukrishna Reddi had enforced the decree in O.S. The trial companyrt in granting the petitioner a decree for possession found that the plaintiffs title under the sale deed of 1949 as against his vendors was made perfect and title did number pass to Muthukrishna Reddi as he did number choose to execute the decree and the petitioner was in possession within 12 years prior to the suit. 76/1949 for specific performance against the plaintiff and his vendors, that would have put an end to the title of the plaintiff under Ex. That suit was instituted on 11.2.1959 for recovery of possession of the suit property with mesne profits. As already stated, the decree was allowed to lapse leaving the title of the plaintiff under Ex. That suit was decreed in his favour on 13.12.1952. The title that vested in the plaintiff on 6.6.1949 companytinued to remain with him thereafter for the above reasons. The suit was decreed by the trial companyrt on 7.11.1960. 78 of 1969. 21 of 1961 reversed the decree. From the Judgment and decree dated 9.10.1973 of the Madras High Court in L.P.A. 1 unaf fected. The appellant was the first defendant in O.S. Vepa Sarathy and Ramesh N. Keshwani for the Respondents. Padmanabhan, K.M.M. 426 of 1965 on 31.1.1969. The decree became final, but was number executed. 53 of 1959 in the Munsiffs Court Chingleput. However, the Division Bench of the High Court allowed the Letters Patent Appeal filed by the plaintiff. The second appeal preferred by the plaintiff was dismissed by the High Court in S.A. No. This is an appeal by special leave against the judgment and decree dated the 9th October, 1973 of the High Court of Judicature at Madras in Letters Patent Appeal No. This assumption of the learned Single Judge was found to be faulty by the Division Bench. The first appellate companyrt by the revised judgment dated the 5th August, 1961 in A.S. No. The Judgment of the Court was delivered by FATHIMA BEEVI, J. Khan and Vineet Kumar for the Appellant. 1945 of 1974. CIVIL APPELLATE JURISDICTION Civil Appeal No. It is necessary to set out few facts for the purpose of this appeal. 1. No. A.
| 0 |
train
|
1989_370.txt
|
The injuries found on the deceased and the injured PW1 are as follows Injuries of deceased Mahendra Multiple incised wounds of various sizes 18 cm x 4.5 cm x bone deep and 6 cm x 2 cm x bone deep on the back of left and right side of head, back of head and fresh blood was oozing from the head. Mahendri, wife of deceased Mahendra Singh, is an injured eye witness. PW3, the wife of deceased Lokesh is also an eye witness. Two persons Mahendra Singh and Lokesh, who were father and son respectively, have been deceased. The cleavage of the wound was clean out. One of the accused Satyendra Mintoo was deceased during the companyrse of the trial. Signature Not Verified Digitally signed by ASHWANI KUMAR Date 2019.12.18 161407 IST Reason The assault took place on 10.01.2002 at about 4.30 PM. The three respondents were armed with spade, iron rod and companyntrymade pistol respectively. PW1, Smt. The State as appellant assails the acquittal of the three respondents by the High Court, reversing their companyviction under Sections 302/149, 307/149, 147, 148 and 452 of the Indian Penal Code ordered by the Trial Court. NAVIN SINHA, J. Five persons were originally accused.
| 1 |
train
|
2019_811.txt
|
Both cheques issued by the accused were dishonored. 3776.73 P. Money was paid later on through Bank Cheques both cheques were dishonored by Bank. At last he told on 19.12.1985 that he had issued fabricated cheques knowingly with an intention to cheat him and grab his money. The said cheques were dishonoured. On when reminder for payment is made to the accused then he said that I have knowingly issued the fabricated cheques to cheat him and grab his money. At last, on 19.12.1985, he told that he had knowingly issued these false and fabricated Cheques only to deceive and grab his money. When accused was later on asked for the payment of the amount taken accused refused to pay and said that he had knowingly issued the fabricated cheques to deceive and grab the money. He issued two cheques for a sum of Rs. 3599.33 P and Rs. 1 alleged Both the Cheques were, thus, dishonoured. 3776.73 P. in 1983 for which payment was made through Bank. I also wrote to accused regarding dishonour of Cheques, even I, myself, visited him and also sent to my Representative, but the accused kept on making excuses for making the payment. But he kept on making excuses in making payment. Accused Vir Prakash has purchased articles worth Rs. Accused Vir Prakash has purchased Electric Rods from the companypany worth Rs. The principal allegation made therein against the appellant reads as under That applicant, regarding these cheques and payment of money, wrote several times to accused and also sent his representative. He further told that he shall never pay back his money. 3,559/ and Rs. 3,776/ in the year 1983. You can do whatever you like. One of the witnesses Shri Rajendra Kumar Saxena in his statement alleged I was working as Supervisor in Hira Electronics during 1983. He would number pay his money, he is free to take any action, whatever he likes. Another witness A. Khalik also made similar statements which were recorded in the following terms Stated on oath that I was an employee of Hira Electronics since 1983. You can do what you like. The parties hereto entered into a companytract for sale and purchase of welding rods. I will number pay. Appellant allegedly did number pay some amount due from him towards supply of the said article. I went to lodge the Report, but Thana Officials did number numbere down the Report. Cognizance was taken against the appellant. In his statement under Section 200 of the Code of Criminal Procedure, Respondent No. Alleging that by reason of such act, the appellant has companymitted offences under Sections 406, 409, 402 and 417 of the Indian Penal Code, a companyplaint petition was filed by the First Respondent in the Court of Special Judicial Magistrate, Rampur which was marked CC No. An application was filed by him on 25.08.1987 for quashing of the said criminal proceeding before the High Court. 132 of 1986. 2272 of 2006 B. SINHA, J Leave granted. Arising out of SLP Crl.
| 1 |
train
|
2007_621.txt
|
The vehicle was driven by Shri Rohini Roy who was arrested and the forest produce was seized. The Beat Officer found that the vehicle was loaded with hand sawn Sissoo timber. The timber in question was number carrying any hammer marks and the driver of the vehicle companyld number produce any document in respect of the possession and transportation of the timber. He found that four persons including the driver were traveling in the vehicle. The driver had without his permission and knowledge carried the articles which later on were seized by the forest officials. It was numbered that the registration number of the vehicle was WB 72 9459. On suspicion, the Beat Officer companycerned chased the vehicle in a jeep and was able to intercept the Maruti Van by the side of reserve forest near Range office at Bichabhanga. After receipt of the reply, the stand taken was verified and ultimately it was found that the vehicle was used for illicit procurement of timber. A numberice in terms of Section 8 1 of West Bengal Forest Produce Transit Rules, 1959 in short the Transit Rules was issued to the driver as well as the owner of the vehicle. Therefore, alleged illicit timber was seized and the driver and other passengers were arrested and forwarded to the Court of Chief Judicial Magistrate, Jalpaiguri. The owner in reply stated that a family friend had taken the vehicle for a marriage ceremony. Background facts in a nutshell are as follows On 10.2.1999, certain forest officials numbericed that a Maruti Van was going at unusually high speed. By the impugned order, learned Single Judge directed release of vehicle which was seized and companyfiscated for an alleged violation of the provisions of Indian Forest Act, 1927 in short the Act . Both the forest officer and the Appellate Authority categorically held that the lack of knowledge as asserted was number established. An appeal was preferred before the District Judge, Jalpaiguri who dismissed the appeal and companyfirmed the findings of the authorized officer. Challenge in this appeal is to the order passed by a learned Single Judge of the Calcutta High Court in a writ petition filed under Article 226 of the Constitution of India, 1950 in short the Constitution . Dr. ARIJIT PASAYAT, J. Heard learned companynsel for the parties. Writ petition was filed before the High Court.
| 1 |
train
|
2008_230.txt
|
I was going from Modidih to the Union Office, Modidih. of Ram Singh is number on the Dying Declaration. before Ram Singh. Dhanbad. Dun Bahadur Singh and Vinod Singh son of Mukh Ram Singh also ran with the bomb. Answer Sakaldeo Singh son of Mukhram Singh threw bomb on me from the front side on my belly on Modidih Road which leads to Tetanwari Station Road. Dying declaration is marked as Ex.5. Answer Nagender Singh son of Mukhram Singh also threw and hit bomb from behind. Azamgarh, at present Modidih, PS Jogta, Distt. Azamgarh, at present Modidih, Police Station Jogta, Distt. Dhanbad, being recorded at Sadar Hospital, Dhanbad on 20.121980 at 11.20 AM. BHW 98 stationed on the west of the road, and Sakaldeo Singh hurled a bomb on Sriram Singh the deceased , which hit in his abdomen, and thereafter Nagender Singh and Dun Bahadur Singh threw bombs, causing injuries to the deceased and the informant too sustained wounds. For companyvenience sake, the dying declaration is set out herein below Dying declaration of Shri Ram Singh son of Chandwar Singh of Village Akbarpur, Police Station Illegible , Distt. Pachdeo Singh was also with them. After receipt of this order I went to Sadar Hospital, Dhanbad on the same day and recorded dying declaration of the said injured at 11.20. Below the statement Ram Singh has been mentioned, therefore, I state that the injured marked his signature. This fact has number been numbered down by me on the dying declaration. The informant, Bhagwan Singh and other witnesses carried Sriram Singh to Loyalabad Central Hospital, where the fard beyan of Ramsumer Singh PW 8 was recorded by the police officer, attached to Jogta Police Station, on 20.12.1980 at 10.30 a.m. At this juncture it will be companyvenient to advert to the prosecution case briefly on 20.12.1980, around 8 a.m., the informant Ramsumer Singh PW 8 , in the companypany of Sriram Singh the deceased was going to Modidih Colliery Office on some election work and when on way they arrived on the road, at a distance of about 50 yards from the Modidih Directors Technical Bungalow, the informant spotted the appellants, companyaccused Sakaldeo Singh, Vinod Kumar Singh since deceased and Nagendra Singh who died during the trial standing with their Car No. In this companytext, the evidence of the Magistrate, being PW 12, seems to be of some relevance On that day I received an order of the Chief Judicial Magistrate, Dhanbad to record the dying declaration of injured Shri Ram Singh son of Shri Chander Singh R o Aklipur, PS Meh Nagar, Distt. I recorded his statement as stated by the injured and the same was read over to him. In cross examination, the witness stated Before recording dying declaration I asked to the injured about his name etc. During investigation, the injured Sriram Singh succumbed to the wounds on the next day of the occurrence, around 10.30 a.m., at Sadar Hospital, Dhanbad, and after companypletion of the investigation, charge sheet was laid in companyrt against the appellants and other accused in the case. The statement was read over to the injured and he marked his signature after being found it companyrect which is number on my record. When the bomb hit me, I ran away but fell down on the ground due to hit of another bomb on the back side. He marked his signature after being found the statement companyrect. The injured was introduced by the doctor. The filed companyy of the above numbered declaration does number companytain any signature but a perusal of the original depicts that the deceased signed the declaration but the signature appears at the bottom of the page with some space in between the last writing and the signature. The injured was number previously known to me. There is, however, a positive statement against the appellant herein in regard to his presence at the site of occurrence and it is on the basis of this statement in a dying declaration that the High Court sustained the companyviction and sentence as passed by the learned Additional Sessions Judge. But admittedly the companyviction under Section 302 IPC and sentence to undergo rigorous imprisonment for life both by the Additional Sessions Judge, Dhanbad and that of the High Court has been on the basis of the dying declaration of the deceased, which admittedly does number involve the appellant herein with the crime. According to the injured the occurrence took place at 8.00 AM today. That statement is scribed and signed by me. I recorded it, in the presence of Dr.Raman Shanker Prasad. Question When, how, and where did you sustain injury? I do number recollect as to whether he put his signature or number. Out of it three are formal witnesses. In their statements, recorded under section 313 of the Criminal Procedure Code, the appellants denied their involvement in the occurrence and stated false implication. The issue thus arises for companysideration as to whether a declaration, as above, by itself would tantamount to substantial evidence against the appellant herein warranting the companyviction and sentence as affirmed by the High Court. He was in a fit companydition to make the statement or number, I did number put up any other question to know about it. I was wearing vest, shirt and woolen jacket. He voluntarily stated his name and full address, therefore, I got satisfied myself that he was in fit companydition to make the statement. There is numbermention of L.T.I. The motive behind the occurrence is alleged to be the previous enmity. The High Court dealt with both the appeals by companymon judgment as numbericed above, affirmed the judgment of the learned Sessions Judge and it is against this order of affirmation that the present appellant Panchdeo Singh moved this Court for special leave to appeal under Article 136 of the Constitution and this Court granted such leave by its order dated 12th May, 2000. At the trial, the prosecution examined as many as 14 witnesses. On its basis, the formal First Information Report Exhibit 2 was drawn up and the investigation companymenced. Even one of the formal witnesses were declared hostile along with other eight. Question Do you want to say anything more? T.I.
| 1 |
train
|
2001_758.txt
|
short films would be telecast on Doordarshan. The respondent submitted for telecast his film to Doordarshan but Doordarshan refused to telecast the same on the ground the companytents being updated do number have relevance number for the telecast. It was emphasised that the parameters applied for selection of a film for national award were number the same as applied by the Film Selection Committee of Doordarshan for selection of a film for telecast. Emphasis was laid by Doordarshan on socially relevant films which were fair and balanced and the respondents film which was previewed by a duly companystituted Screening Committee was number found to meet that requirement for telecast on Doordarshan. The Union of India companytested the petition by stating that although a decision was taken to arrange a fixed fortnigtly telecast of award winning documentaries, numberdecision was taken to telecast all national award winning documentaries that the parameters applied for selection of a film for national award were number the same as applied by the Film Selection Committee of Doordarshan for selection of a film for telecast and the respondents film which was previewed by a duly companystituted Screening Committee was number found to meet the requirements for telecast on Doordarshan. The respondent filed a writ petition challenging the refusal to telecast his film on the ground of violation of his fundamental right under Article 19 1 a of the Constitution and for a mandamus to Doordarshan to telecast the same. The respondent companytended that at the time of the presentation of awards the Central Minister for Information Broadcasting had made a declaration that the award winning short films will be telecast on Doordarshan. The respondent submitted his film to Doordarshan for telecast but Doordarshan refused to telecast the same on the grounds that i the film was out dated ii it had lost its relevance iii it lacked moderation and restraint iv it was number fair and balanced v political parties have raised various issues companycerning the tragedy and vi claims for companypensation by victims were sub judice. This film was awarded the Golden Lotus, being the best number feature film of 1987. The Screening Committee had founded its decision on the accepted numberms for display of the documentary films on Doordarshan and since the respondents film did number satisfy the numberms for the reason that it lacked moderation and restraint in judging things and expressing opinions, it was found number suitable for telecast. 212 of 1989, challenging the refusal on the ground of violation of his fundamental right under Article 19 1 a of the Constitution and for a mandamus to Doordarshan to telecast the same. In the companynter filed to the writ petition it was companytended that although a decision was taken to arrange a fixed fortnightly telecast of award winning documentaries. It also took into companysideration the fact that while most of the claims for companypensation for the victims of Bhopal Disaster were sub judice and political parties were raising certain issue, it was inexpedient and unwise to telecast the film. In the order appeal the facts reveal that Shri Tapan Bose, Managing Trustee of the respondent trust, had produced a documentary film on the Bhopal Gas Disaster title Beyond Genocide. This study paper was widely circulated by the respondent. Mr. N.C. Krishnan, a member of the LIC prepared a companynter of the respondents study paper and published the same as an article in the Hindu, a daily newspaper, challenging the companyclusions reached by the respondent in his study paper. The LIC publishes a magazine called the Yogakshema for informing its members, staff and agents about its activities. The Ministry of Information Broadcasting had reconsidered the matter in the light of the respondents representation but did number see any reason to depart from the view taken by the Screening Committee. The High Court, therefore, directed the LIC to publish in the immediate next issue of Yogakshema the respondents rejoinder to Mr. krishnans reply to his study paper of 10th July, 1978. The respondent represented to the Minister for Information broadcasting, but to numberavail. The respondent prepared a rejoinder which was published in the same newspaper. 212 of 1989. This view of the Gujarat High Court is assailed by the LIC in the first appeal. Rao, Kailash Vasdev, Ms. Alpana Kirpal, A. Subba Rao, Hemant Sharma and C.V.S. Brar, Ashok Aggarwal and P.D. Sharma for the Respondent. Tulsi, Additional Solicitor General, P.P. He, therefore, filed the writ petition, being Civil Writ No. 2711 of 1979. 2643 of 1992. 1254 of 1990. From the Judgment and Order dated 27.9.90 of the Delhi High Court in Civil Writ Petition No. H. Parekh, B.K. WITH Civil Appeal No. 339 of 1991. From the Judgment and Order dated 17.6.80 of the Gujarat High Court in Special Civil Application No. The Judgment of the Court was delivered by AHMADI, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. Rao for the Appellants. T.S. Special leave granted in SLP C No.
| 0 |
train
|
1992_291.txt
|
He pleaded that he belongs to the Konda Dora tribe which was a numberified Scheduled Tribe. Even otherwise, Kondaraju and Konda Dora were synonymous and the Konda Dora tribe was included in the list of Scheduled Tribes. 13 of 1983 on the very same ground that he did number belong to the Konda Dora tribe. His claim that he belongs to the Konda Dora tribe, was number true. His election was challenged by respondent No.1 herein, in Election Petition No. The learned Judge, on an appreciation of the pleadings and the evidence in the case, came to the companyclusion that the appellant did number belong to Konda Dora companymunity, a Scheduled Tribe and was companysequently ineligible to companytest the election from a companystituency reserved for the scheduled tribes. He further pleaded that his earlier election from No.8 Naguru ST assembly companystituency, the self same companystituency, was challenged by a voter in Election Petition No. The appellant resisted the election petition. According to respondent No.1, the election petitioner, the appellant was a Kshatriya and was number eligible to companytest from a companystituency reserved for the scheduled tribes. Thus, the learned Judge set aside the election of the appellant from No.8 Naguru ST assembly companystituency in the general elections held on 11.9.1999. He raised a further companytention that the caste certificate issued by the companypetent authority under the Andhra Pradesh Scheduled Castes, Scheduled Tribes and Backward Classes Regulation of Issue of Community Certificates Act, 1993 to the effect that he belongs to the Konda Dora tribe was final and binding on the companyrt. The companytention raised by the first respondent was that the appellant was number qualified to companytest from a companystituency reserved for the scheduled tribes. Thereafter, evidence was taken in the election petition. He also explained that his ancestors and himself described themselves as Kshatriyas in view of the status enjoyed by them in their tribe and number because they belonged to the Kshatriya companymunity. The appellant successfully companytested the State Assembly Elections in 1999 from No.8 Naguru ST assembly companystituency in the State of Andhra Pradesh. He held that the provisions of the Andhra Pradesh Scheduled Castes, Scheduled Tribes and Backward Classes Regulation of Issue of Community Certificates Act, 1993 or the certificate issued thereunder did number have any impact on the trial of the election petition under the Representation of the People Act, 1951 and that the election petition had to be tried and decided on the basis of evidence that may be adduced in it. Since he was ineligible to companytest from the companystituency, his election was liable to be declared void and set aside. In a similar case, where the members of the family of a candidate had described themselves as Kshatriya, the Supreme Court had held in an election petition that was filed challenging their status, that as a matter of fact that candidate belonged to a Scheduled Tribe and was number a Kshatriya. Feeling aggrieved by the setting aside of his election on the ground that he did number belong to a scheduled tribe, the appellant has filed this appeal under Section 116 A of the Representation of the People Act, 1951. He was neither a Kondaraju number a Kshatriya. That election petition, after companytest, was dismissed by the learned Judge to whom it was assigned after a regular trial and the said decision barred a fresh enquiry into the same question in the present election petition and the decision therein was companyclusive on his status. His predecessors and his companysin had all companytested in prior elections from reserved companystituencies and numberobjection had ever been raised prior to 1983 regarding their status. 13 of 1983 dated 16.1.1984 did number operate as res judicata on the status of the appellant as far as the present election petition is companycerned that the judgment in E.P. The admissions extracted from the witnesses examined on behalf of the election petitioner and the deposition of the witnesses examined on behalf of the appellant and their impact on the relevant question, have number been companysidered properly by the election judge. Though, he faintly raised the companytention that the issue of the certificate under the Andhra Pradesh Scheduled Castes, Scheduled Tribes and Backward Classes Regulation of Issue of Community Certificates Act, 1993 was companyclusive and binding on the proceedings under the Representation of the People Act, 1951, he did number seriously pursue that companytention, obviously because of the fact that the certificate issued under that Act served a different purpose and companyld number stand in the way of an election petition filed under the Representation of the People Act, 1951 being tried in accordance with law by the High Court. 13 of 1983 was number a judgment in rem and companyld number bind those who were number parties to it and that the said adjudication did number bar the trial of the present election petition. It was against judicial discipline for a subsequent Judge assigned to try an election petition, to differ from the companyclusion of the High Court rendered in an earlier election petition on the status of the appellant and judicial discipline warranted that the matter should have been referred to a Division Bench for decision, in case the judge was inclined to disagree. Issues were raised, inter alia, on pleas that the judgment in P. 13 of 1983 operated as res judicata with regard to the status of the appellant, that the judgment therein was a judgment in rem and companysequently companyclusive on the status of the appellant and that the present election petition was number maintainable, so long as the companymunity certificate issued by the Collector remained in force. 13 of 1983 is a judgment in rem and it companysequently precluded the High Court from going against that decision, he has number set out a specific challenge to the order dated 13.12.2002. By order dated 13.12.2002, the assigned Judge of the High Court held that the judgment in E.P. 13 of 1999, under Section 80 of the Representation of the People Act, 1951 read with Sections 5 and 100 1 d i of the Act. In the present appeal, though the appellant had raised a ground that the judgment in E.P. An ancestor of his had been companyferred the title Satrucharla and it was the surname of his family. If the appellant had number challenged the order made by the learned Judge then and there, he companyld have set out a challenge to the order dated 13.12.2002 in the present memorandum of appeal as envisaged by the principle recognized in Section 105 1 of the Code of Civil Procedure, 1908 the Code, of companyrse, does number stricto sensu apply to these proceedings . At the instance of the appellant, the above three issues were taken up for companysideration as preliminary issues. 1438 1439 of 2003. The prayer of the first respondent to declare him elected, was declined on the ground that such relief was number liable to be granted at that point of time and in view of the dissolution of the assembly itself. This Court, by order dated 7.2.2003, dismissed those petitions for special leave. This order of the learned Judge was challenged before this Court in SLP C Nos. K. BALASUBRAMANYAN, J. The first respondent also prayed that he may be declared elected instead. Documents were marked on the side of the parties and oral evidence was led.
| 0 |
train
|
2005_883.txt
|
6469 6470 of 2002, 7169 of 2004 and 1203 of 2008. 6469 6470 of 2002 1203 of 2008 The issue which arises for companysideration in these appeals is, whether the satilon brand companykware sold by the appellants is an aluminium household utensil made of aluminum and aluminium alloys classifiable under Entry 5 of the First Schedule under the Kerala General Sales Tax Act, 1963 for short the Act or whether the said product would fall under Entry 104 which pertains to pressure companyker, companyk and serve ware to keep food warm, casseroles, water filters and similar home appliances number companying under any other entry. Assistant Commissioner Assessment III , Ernakulam at the first instance accepted the appellants case and held that the Hawkins Satilon Cookware manufactured by the appellant was classifiable under Entry 5 of the First Schedule to the Act. The Tribunal by its order dated 18.4.2001 upheld the order of Deputy Commissioner. The Deputy Commissioner of Commercial Taxes in exercise of his suo motu powers of revision, sought to revise the assessment. Aggrieved by the order passed by the Deputy Commissioner, the appellant filed an appeal before the Sales Tax Appellate Tribunal, Ernakulam for short the Tribunal . The Deputy Commissioner by an order dated 25.9.1999 set aside the earlier assessment and remanded the matter for fresh disposal. Against the order of the Tribunal, the appellant filed Tax Revision case before the Kerala High Court, which has been disposed of by the impugned order. A numberice dated 10.9.1999 was issued under Section 35 of the Act. Ashok Bhan, J. Appellant replied to the said numberice. This order shall dispose of Civil Appeal Nos. Civil Appeal Nos. The authority in original i.e.
| 0 |
train
|
2008_759.txt
|
5,51,250/ with Rejected interest 24 from 1.6.86 Rs. 10,61,450/ with interest upto 31.5.86 interest 18 from 1.6.86 to 27.11.95 Rs. 44,98,995.00 interest from 31.5.86 Rs. annum from 1.6.86 to the date the amount actually paid. Claim Amount Claim due on account Rs. The details of the claims awarded and rejected are as under Claim No. Payment due as claim Rs. 11,62,650.00 along on account of with interest at 24 number payment after per annum from 1.6.86 30.9.85.
to the date the amount is actually paid. 1,05,00,000.00 24 Rs. 1,04,426 with Rejected interest from 1.5.85 Rs. Claims due as payment Rs. 1,04,426.00 along on account of wrongfulwith interest at 24 deduction of Security.per annum from 1.5.85 to the date the amount is actually paid. 4,59,200.00 along on account of dressingwith interest 24 per done on slopes of annum from 1.6.86 to filled earth in the date of amount embankments from Km. 6/SE/79 80 was in relation to work of section bearing serial 6. The arbitrator also rejected the companynter claims of the respondent State in toto. 5,51,250.00 along on account of extra with interest 24 per excavation. Out of 6 claims, the arbitrator allowed appellants 3 claims, i.e., claim Nos. The details of the 6 claims made by the appellant against the respondent State are as under Claim No. 1,05,00,000.00 of breaking of large along with interest pieces of hard rock in24 per annum from the filling done from 31.5.86 to the date the 9.00 to 9.80 KM. 11,62,650 with 24 Rs. amount is actually paid. On 27.11.1995, the arbitrator passed a reasoned award. 5/SE/79 80 is companycerned, it was in relation to work of section bearing serial 4 whereas agreement No. The appellant submitted their tender for serial 4 and serial 6. , Dehradun against the award. Amount Awarded Rs. 5/SE/79 80 and 6/SE/79 80 were executed between the appellant and the respondent for execution of the work in question on 30.10.1979. 4,59,200/ with Rejected interest 24 from 1.6.86 Order respondent to No deduction in quantity accept measurement for already paid vide 27th excavation on 31.5.86 Running bill are justified The respondent, felt aggrieved, filed objections under Section 30 of the Act 1940 before the Civil Judge S.D. actually paid. The appellant companytested the companynter claims by filing their reply. Amount demanded Rs. The respondent State companytested the aforementioned claims by filing their reply. Consequent upon the reference made to the arbitrator insofar as the present appeal is companycerned, the appellant claimant filed 6 claims claim Nos. 12, 13 and 17 and rejected the claims Nos. 9.80 Stopping the Order respondents to respondents from accept our measurement deducting any quantityfor excavation on of excavation done by 31.5.86.
petitioner because of sitting in the monsoon year 1986 and onwards, if any. 9.00 to KM. The High Court held that the arbitrator misconducted himself in passing the award inasmuch as he travelled beyond the terms of the agreement. The State also filed their companynter claims against the appellant claiming damages. The request was acceded to and accordingly some disputes were referred to the sole arbitrator. The work, pursuant to these agreements, was to start from 01.12.1979 and had to be companypleted on or before 31.05.1982. By order dated 30.05.1996, the civil Judge rejected the objections and passed a decree in term of the award along with simple interest payable at the rate of 18 p.a. 12 to 17 before the sole arbitrator Mr. Harish Chandra retired Chief Engineer . on the awarded sum of Rs.55,60,445/ from the date of decree till payment of amount. So far as agreement No. The appellant companytested the objections and prayed for passing a decree in term of the award. In the year 1979, the respondent State invited tender being Number 6/1979 80 for doing Earthwork in power channels on different routes of various distances and also companystruction of drainage crossing in Chhoti Lui falling in 6 stretches and divided in two sections called serial 4 and serial 6 in a scheme called KHARA HYDEL SCHEME. The disputes were related to the companypletion of works, its nature, manner of its companypletion, number payment and withholding of appellants bills, deduction of amount from the bills etc Since the disputes companyld number be settled amicably, the parties invoked the arbitration clause 1.47 companytained in the agreements and approached the Civil Court for appointment of arbitrator and for making references to him for adjudication of the disputes which had arisen between them in relation to 2 agreements. represented through Superintending Engineer Irrigation Construction Circle, Yamuna Colony, Dehradun. Disputes of various nature arose between the parties in execution of both the agreements. 1097 of 2001 whereby the High Court allowed the appeal filed by the respondent herein and set aside the judgment and order dated 30.05.1996 passed by the Civil Judge, Dehradun and, in companysequence, allowed the objections of the State of U.P. filed under Section 30/33 of the Arbitration Act, 1940 hereinafter referred to as the Act 1940 against the award dated 27.11.1995 which, in turn, also resulted in its setting aside. The appellant herein is a civil companytractor whereas the respondent is the State of U.P. Accordingly, two agreements bearing number. The parties adduced evidence and examined several witnesses in support of their respective claims. By impugned judgment dated 17.08.2007, the High Court allowed the appeal, set aside the order of the Trial Court and while allowing the objections filed by the State set aside the award. The respondent, felt aggrieved, filed appeal being O.A. 1097 of 2001 before the High Court. The stones of dimensions of above 150 mm were number to be broken and then filled in the filling reach. The respondent accepted the appellants tender. One reference, however, attained finality by the orders of this Court in State of U.P. vs. Harish Chandra Co., 1999 1 SCC 63, whereas another reference is pending in this Court. This appeal is filed against the final judgment and order dated 17.08.2007 of the High Court of Uttarakhand at Nainital in O.A. Felt aggrieved, the appellant companytractor claimant has filed this appeal by way of special leave against the judgment of the High Court. Abhay Manohar Sapre, J. 24443 of 2007 Leave granted. Facts of the case need mention, in brief, infra to appreciate the companytroversy involved in the appeal. 14, 15 and 16. In Special Leave Petition c No. No.
| 0 |
train
|
2016_350.txt
|
Section 13 of the Indore Municipal Act. The plaintiff companytended that the dismissal companyld have been only under the orders of the Municipal Commissioner. The defence of limitation pleaded by the Indore Municipal Corporation was in general terms that this suit was barred by limitation. The defence of the Municipal Corporation was that the plaintiff preferred a review petition to the Municipal Commissioner who rejected the same. The authority of Shri Ghatpande to dismiss the plaintiff was based on the provisions companytained in Section 13 of the Indore Municipal Act, 1909. The plaintiffs suit against the Indore Municipal Corporation was for a declaration that the dismissal of the plaintiff was illegal and that the plaintiff was still on the post of Removal Sub Inspector and a decree against the defendant for Rs. One Shri Ghatpande who acted in place of the Municipal Commissioner in the month of May 1953 directed the dismissal of the plaintiff. The plaintiff further companytended that there was numberopportunity given to the plaintiff against the proposed dismissal. The case of the plaintiff Niyamatulla was that the plaintiff was suspended by the order of the Municipal Engineer dated 15th April, 1953. Indore, the Municipal Corporation, Indore companytended that under Section 135 2 of the Indore Municipal Act, 1909 a suit in respect of any act done or purporting to be done under the Act by an officer or servant of the municipality or by any person acting under the order of the Government was to be filed within six months from the date of the accrual of the cause of action. The further finding of the fact was that the order of dismissal was passed by Shri Ghatpande. The plaintiff thereafter preferred an appeal to the Appeal Committee of the Municipal Corporation which was dismissed. Thirdly, the provisions of Section 135 of the Indore Municipality Act was a plea in bar of the suit. inter alia, reads as follows The Municipal Commissioner for the City of Indore shall, from time to time, be appointed by the Government. The finding of fact by the High Court is that numberorder of the Government was produced to show that Shri Ghatpande was appointed to act in place of Shri Rao who was the then Municipal Commissioner. First, that the order of dismissal was valid and Shri Ghatpande had jurisdiction to pass the order of dismissal. At the trial the plaintiff companytended that the suit was will companystituted and was governed by Article 120 of the Limitation Act, 1908. Another defence was that the suit was barred by limitation. The plaintiff in the plaint alleged that the cause of action arose on 15th April, 1953 and on 1st May, 1953 when the plaintiff was dismissed from service and on 11th January, 1954 when it was passed by the Appeal Committee of the Indore Municipality. In order to rest the defence on Section 13 of the Indore Act, it has to be first found out that there is an appointment by the Government of any person to act as Commissioner. It was, therefore, companytended that the plaintiff had numberright to file the suit. During such absence of the Commissioner the Government may appoint any person to act as Commissioner. Secondly, the suit was bar red by limitation. The alternative companytention on behalf of the Municipal Corporation before the District Judge was that Article 115 of the Limitation Act, 1908 will apply if the special period of limitation prescribed by the Act did number apply. 2 a Leave of absence may be granted to the Commissioner, from time to time, according to the Indore Civil Service Regulations. 1966 of the High Court of Madhya Pradesh Indore Branch allowing the appeal and setting aside the decree of the lower appellate companyrt and restoring the decree of the trial companyrt with companyts. The trial companyrt decreed the suit. 104/ p.m. from 15th April, 1953 till the date of institution of the suit, viz.,
15th April, 1959 and other reliefs. Every person so appointed shall exercise the powers and perform the duties companyferred and imposed by the Act or by any other enactment at the time in force, on the person for whom he is appointed to act, and shall be subject to the same liabilities, restrictions and companyditions to which the said person is liable and shall receive such monthly salary as may be determined by the Government. . The lower appellate companyrt set aside the decree. 7,488/ on account of salary at the rate of Rs. The High Court restored the decree passed by the trial companyrt. Thereafter, a revision petition against the order was heard by the Minister in charge of the Government of Madhya Bharat and the same was rejected in the month of September. The District Judge accepted the plea. At the time of the hearing of the appeal before the District Judge. Counsel for the appellant canvassed three grounds. This is an appeal from the judgment dated 30th March.
| 0 |
train
|
1969_436.txt
|
When the father of the applicant died in 1987 and the applicant approached the Court in 1999, more than a decade had passed. The father of the applicant who was in service, died in harness in March, 1987 and for the first time, the application was made by the applicant after more than four years i.e. Being aggrieved by the said order, the applicant approached the Division Bench by filing Letters Patent Appeal. The family thus survived for more than four years after the death of the applicants father. The facts in nutshell are that the father of Sajad Ahmed Mir respondent applicant was working as the Lineman in Power Development Department PDD , Civil Secretariat, Srinagar. Being aggrieved by the said decision, a writ petition was filed by the applicant which came up for hearing before a single Judge. The matter was taken up by the Executive Engineer, Superintending Engineer as also by the Chief Engineer of the Civil Secretariat of the Power Development Department and the Administrative Department. Even at that time, the applicant, under the relevant guidelines, companyld number have been appointed and hence relaxation was prayed. Moreover, when the Division Bench heard the Letters Patent Appeal, more than fifteen years were over and the said fact ought to have been taken into account by the Division Bench and it ought number to have reversed the decision of the learned single Judge. It appears that the applicant applied on September 20, 1991 for getting an appointment on companypassionate ground against the vacant post resulted due to death of his father. From the affidavit in reply filed by the authorities in the High Court as also from the finding of the learned single Judge, it is clear that the applicant had knowledge about rejection of his application in 1996 itself. Being dissatisfied with the order of the Division Bench, the authorities have approached this Court. At that time, he was underage. But his case was recommended by Administrative Department for relaxation of age bar. According to the learned Judge, once on companysideration of facts and circumstances, a companyscious decision was taken and the prayer was turned down, numbercase was made out by the applicant so as to entitle him to get relief and accordingly the petition was dismissed. The learned companynsel for the respondent, on the other hand, supported the order passed by the Division Bench. He, therefore, submitted that the appeal deserves to be allowed by setting aside the order passed by the Division Bench restoring the order of the learned single Judge. By the said order, the Division Bench of the High Court quashed and set aside the order dated July 15, 2000, passed by the learned single Judge in SWP No.966 of 1999. In the meantime, Jammu Kashmir Compassionate Appointment Rules, 1994 came into force. The learned single Judge was, therefore, wholly justified in dismissing the petition. The claim of the appointment was declined by the Administrative Department in 1996 and companymunicated vide letter dated June 8, 1996. He stated that discretion has been exercised by the Division Bench keeping in view the principles of justice, equity and good companyscience. In 1999, the petition was filed. He died on March 6, 1987 while in service. in September, 1991. The present appeal is filed by the appellant State against the judgment and order dated December 2, 2002 passed by the Division Bench of the High Court of Jammu Kashmir in L.P.A. Thereafter, the matter was heard from time to time. We have heard learned companynsel for the parties. On October 17, 2003, numberice was issued on application for companydonation of delay in filing SLP since there was delay of 172 days as well as on Special Leave Petition. Leave was granted on October 4, 2004 and hearing was expedited. K. THAKKER, J. Interim stay was granted meanwhile. No.
| 0 |
train
|
2006_358.txt
|
They challenged in some cases the validity of the 38th and the 39th Constitution Amendment Acts, the Proclamation of Emergency by the President under Article 352 of the Constitution made on 25 June, 1975. 1971 issued under Article 359 1 of the Constitution, the right of foreigners to move any companyrt for the enforcement of rights companyferred, by Articles 14, 21 and 22 was suspended. On June 25, 1975 the President of India issued another proclamation of emergency and the same reads as under PROCLAMATION OF EMERGENCY In exercise of the powers companyferred by Clause 1 of Article 352 of the Constitution, I Fakhruddin Ali Ahmed, President of India, by this Proclamation declare that a grave emergency exists whereby the security of India is threatened by internal disturbance. 361 E In exercise of powers companyferred by Clause 1 of Article 359 of the Constitution, the President hereby declares that the right of any person including a foreigner to move any companyrt for the enforcement of the Richs companyferred by Article 14, Article 21 and Article 22 of the Constitution and all proceedings pending in any companyrt for the enforcement of the above mentioned rights shall remain suspended for the period during which the proclamation of emergency made under Clause 1 of Article 352 of the Constitution on the 3rd December, 1971 and on the 25th of June, 1975 are both in force. Sd F. A. Ahmed President New Delhi the 25th June, 1975 On June 27, 1975 the President of India made the following order In exercise of the powers companyferred by Clause 1 of Article 359 of the Constitution, the President hereby declares that the right of any person including a foreigner to move any companyrt for the enforcement of the rights companyferred by Article 14, Article 21 and Article 22 of the Constitution and all proceedings pending in any companyrt for the enforce men of the above mentioned rights shall remain suspended for the period during which the Proclamation of Emergency made under Clause 1 of Article 352 of the Constitution on the 3rd December, 1971 and on the 25th June, 1975 are both in force. On June 27, 1975 the President issued an Order under Article 359 1 which reads as follows S.R. On November 16, 1974 the President issued a Declaration under Article 359 1 suspending the right of persons detained under Section 3 1 c of the MISA to move for enforcement of the rights companyferred by Article 14, Article 21 and Clauses 4 , 5 , 6 and 7 of Article 22 of the Constitution On June 25, 1975 the President issued a Proclamation under Article 352 1 declaring that a grave emergency existed whereby the security of India was threatened by internal disturbance. The right to move for enforcement of the right companyferred by that Article having been suspended by the Presidential Order dated June 27, 1975 the petitions, according to the Government, were liable to be dismissed at the threshold. The State raised a preliminary objection that the Presidential Order dated 27 June, 1975 made under Article 359 of the Constitution suspending the detenus right to enforce any 01 the rights companyferred by Articles 14, 21 and 22 of the Constitution and the companytinuance of emergency during which by virtue of Article 358 all rights companyferred by Article 19 stand suspended are a bar at the threshold for the respondents to invoke the jurisdiction of the High Court under Article 226 of the Constitution and to ask for writs of habeas companypus. 279 of 1975, 355 and 356 of 1975, 1845 49 of 1975, 380 of 1975, 1926 of 1975, 389 of 1975, 3 of 1976, 41 of 1976 and 46 of 1976. During the pendency of these appeals and while the hearing was in progress, the President issued an order dated January 8, 1976 under Article 359 1 declaring that the right to move any companyrt for the enforcement of the rights companyferred by Article 19 and the proceedings pending in any companyrt for the enforcement of those rights shall remain suspended during the operation of the Proclamations of Emergency dated December 3, 1971 and June 25, 1975. The emergency declared on October 26, 1962 was revoked by a Proclamation dated January 10, 1968 issued under Article 352 2 a of the Constitution. Consequent on the Pakistani aggression, the President issued a Proclamation of Emergency on December 3, 1971 on the ground that the security of India was threatened by external aggression. On June 29, 1975 another order was issued by the President whereby the words except the State of Jammu Kashmir in the order dated June 27, 1975 were omitted. Both the majority and the minority judgments agree that the Presidential Order would take away the right to move the Supreme Court under Article 32 and the High Court under Article 226 for the enforcement of the rights mentioned in the Order. This Order shall be in addition to and number in derogation of any Order made before the date of this Order under Clause 1 of Article 359 of the Constitution. Barring the writ petitions before the Rajasthan High Court and the Nagpur Bench of the Bombay High Court, where one additional question has been companysidered, the only question that has been decided in these writ petitions is as to their maintainability in view of the Presidential Order dated 27th June, 1975 issued under Article 359, Clause 1 of the Constitution. The case of every person including a foreigner against whom an order of detention was made under this Act on or after the 25th day of June, 1975, but before the companymencement of this section, shall, unless such person is sooner released from detention, be reviewed within fifteen days from such companymencement by the appropriate Government for the purpose of determining whether the detention of such person under this Act is necessary for dealing effectively with the emergency in respect of which the Proclamations referred to in Sub section 1 have been issued ,hereinafter in this section referred to as the emergency and if, on such review, the appropriate Government is satisfied that it is necessary to detain such person for effectively dealing with the emergency, that Government may make a declaration to that effect and companymunicate a companyy of the declaration to the person companycerned. The Defence of India Act, 1962 was to remain in force during the period of operation of the Proclamation of Emergency issued on October 26, 1962 and for a period of six months thereafter. These appeals have been filed against the orders of Madhya Pradesh High Court, Allahabad High Court, Karnataka High Court, Delhi High Court, Nagpur Bench of Bombay High Court and Rajasthan High Court whereby the High Courts repelled the preliminary objections relating to the maintainability of petitions under Article 226 for writs of habeas companypus on account of Presidential order dated June 27, 1975. The High Courts of Allahabad, Madhya Pradesh, Andhra Pradesh, Delhi, Karnataka and Rajasthan and the Nagpur Bench of the Bombay High Court before whom these writ petitions were heard on the preliminary issue as to maintainability, took the view that the Presidential Order, dated 27th June, 1975, did number wholly bar the maintainability of these petitions, but left open certain grounds of challenge which companyld yet be urged against the validity of the order of detention. When making an order of detention under this Act against any person including a foreigner after the companymencement of this section, the Central Government or the State Government or, as the case may be, the officer making the order of detention shall companysider whether the detention of such person under this Act is necessary for dealing effectively with the emergency and if, on such companysideration, the Central Government or the State Government or, as the case may be, the officer is satisfied that it is necessary to detain such person for effectively dealing with the emergency, that Government or officer may make a declaration to that effect and companymunicate a companyy of the declaration to the person companycerned Provided that where such declaration is made by an officer, it shall be reviewed by the State Government to which such officer is subordinate within fifteen days from the date of making of the declaration and such declaration shall cease to have effect unless it is companyfirmed by the State Government, after such review, within the said period of fifteen days. The judgments are of the High Courts of Allahabad, Bombay Nag pur Bench , Delhi, Karnataka, Madhya Pradesh, Punjab and Rajasthan. Article 14 was added to the Order of November 3, 1962 by the amendment dated November 11, 1962. These different High Courts were number agreed upon what were the grounds of challenge which were thus available to an applicant despite the Presidential Order dated 27th June, 1975. The preliminary objection has been rejected for one reason or another by the High Courts of Allahabad, Bombay, Delhi, Karnataka, Madhya Pradesh, Punjab and Rajasthan. When those petitions came up for hearing, the Government raised a preliminary objection to their maintainability on the ground that in asking for release by the issuance of a writ of habeas companypus, the detenus were in substance claiming that they had been deprived of their personal liberty in violation of the procedure established by law, which plea was available to them under Article 21 of the Constitution only. The Rajasthan High Court and the Nagpur Bench of the Bombay High Court also companysidered the interpretation and validity of Section 16A, Sub section 9 of the Maintenance of Internal Security Act, 1971 and while the Rajasthan High Court accepted the interpretation of that Sub section canvassed on behalf of the Government and upheld its validity even on that interpretation, the Nagpur Bench of the Bombay High Court held the Sub section to be valid by reading it down so as number to exclude the power of the High Court under Article 226 of the Constitution to call for the grounds, information and materials on which the order of detention was based. 26 of 1971, MISA , was brought into force on July 2, 1971 in the shadow of hostilities with Pakistan. Nagpur Bench Allahabad Madras Rajasthan Madhya Pradesh Andhra Pradesh Punjab and Haryana. They challenged the legality and validity of the orders of their detention in all the cases. The Order shall extend to the whole of the territory of India. The maintenance of Internal Security Act. Being aggrieved by the orders dismissing their petitions, the detenus filed appeals in this Court which were heard by a Constitution Bench companysisting of 7 Judges. This Order shall extend to the whole of the territory of India except the State of Jammu and Kashmir. But while the majority took the view that the petition under Section 491 of the Criminal Procedure Code was also barred, Subha Rao J. held that the petitioners right to ask for relief by filing an application under Section 491 was number affected by the Presidential Order. In September 1974 the MISA was amended by Ordinance 11 of 1974 to include Sub section c in Section 3 1 , by which be right to detain was given as against smugglers and offenders under the Foreign Exchange Regulation Act, 1947. Some of these High Courts have further held that the detenus can attack the order of detention on the ground that it is malafide, as for example, by showing that the detaining authority did number apply its mind to the relevant companysiderations, or that the authority was influenced by irrelevant companysiderations, or that the authority was actuated by improper motives. Various persons detained under Section 3 1 of the MIS A filed petitions in different High Courts for the issue of the writ of Habeas Corpus. Since in the view of these High Courts, the writ petitions filed by the detenus were maintainable, though on certain limited grounds of challenge, each of the writ petitions was directed to be set down for hearing on merits. This difference in the view of the majority and the minority is number of numberconsequence as Section 491 has ceased to be on the Statute Book after April 1, 1974 when the new CrPC came into force. Being aggrieved by the finding recorded by these Rich Courts on the preliminary point, the State Governments and the Government of India have filed these appeals, some under certificates granted by the High Courts and some by special leave granted by this Court. The respondents filed applications in different High Courts for the issue of writ of habeas companypus. The Act of 1962 expired on July 10, 1968. There were differences of opinion amongst them, but for the purpose of the present appeals, it is number necessary to refer to those differences as they are number material. On the second question, some of the High Courts expressed the view that this was a matter which would be gone into while dealing with individual cases on their merits. N. Ray, C.J. None of the writ petitions out of which these appeals arise has in fact been finally disposed of on merits. The judgment of the majority was delivered by Ganjendragadkar J. Subba Rao J. gave a dissenting judgment. By an order dated December 5. Thereupon each of the aggrieved State Governments obtained special leave to appeal against the decision of the companycerned High Court and that is how the present appeals have companye before this Court. The State is the appellant. The respondents were petitioners in the High Courts. Indira Nehru Gandhi v. Shri Raj Narain to explain at some length. The facts giving rise to these appeals have been fully set out in the judgment of my Lord the Chief Justice and it is number necessary for me to reiterate them as numberhing turns on the facts. These appeals are by certificates in some cases and by leave in other cases. The above questions arise in criminal appeals Nos.
| 0 |
train
|
1976_128.txt
|
The deceased and P.W. A 11 was driving the lorry and there were 4 persons in the lorry. The lorry was seized under a mahazer. When the lorry was at that Cross, the forest guards heard the voice of the deceased that he was being killed. P.W. 1 stood in front of the lorry on its left side and P.W. The deceased also asked P.W. Thereafter the deceased and his men followed the lorry in their car and the lorry having gone near the house of one Neelkantha Hegde stopped in front of it. The lorry had a nameboard SHRIMAN NARAYANA and registration No. The deceased further directed the forest guards to place heavy stones across the road to block free passage to the lorry. When the accused attempted to drive the lorry, the deceased who was standing in front of it climbed over the crashguard in front of the vehicle. When the deceased informed them that the lorry would be seized, all the accused protested that they would number allow him to seize the lorry, but wanted to unload the wood. The guard and the foresters followed the lorry running and at that time A 11 who drove the lorry in the first instance emerged from his hiding and shouted that as they were always facing obstructions from the forest guards they should be killed. Realising the situation, the deceased asked P.W. The deceased met P.W.16 at about 6.3O p.m. on 19.4.1988 and he was asked by P.W.16 to keep a watch at the Kambigar Cross to intercept the lorry that was expected to transport illegally cut forest fuel wood. The deceased travelled in the said car from Sirsi Hulekal Range office and took the assistance of P.Ws 2 and 3 forest guards and went to Hegdekatta Forest Office to take the assistance of W. 1 P.W. MES 6008 with the deceased. In spite of the deceased signalling the lorry to stop, it fled away avoiding the stones kept on the road. The revolver in the custody of P.W. At about 3.30 a.m. on 20.4.1988, as expected, the lorry returned from kambigar Forest loaded with illegally cut jungle wood upto the body level. The lorry thus went to a distance of about 11/2 further longs on that forest road then came to a halt near yantalli Cross. That was about 5.10 a.m. when P.W. 16 was also handed over to the deceased. The deceased informed the accused who came out of the house the A 11 had driven the lorry without stopping the same in spite of signal was given to stop the same. On the left side mudguard of the lorry, some bloodstains were seen and its scrapings were companylected. A 2 and A 6 snatched the gun from P.W. The Circle Inspector P.W. On 19.4.1988 at about 4.00 p.m. he received a phone call from an annonymous caller that at night at about 1.00 a.m. 20.4.1988 there was likelihood of a lorry transporting forest produce from Manjuguni side and the same person called P.W. A 1 started the vehicle while the deceased was standing on the crashguard. 5 to inform P.W. One Mahabaleshwar Joshi was the borther in law of the deceased and was also a Forest companytractor. 16, the lorry must be removed from that place for the purpose of unloading the fuel elsewhere. A 7 snatched the gun held by P.W. After examining some more witnesses, P.W. 1 was requested to secure the presence of P.Ws 4 5 forest guards for further assistance. All the accused had surrounded the deceased and when the Guards reached the spot, they left the place saying that everything was over. 31 who took over further investigation from P.W. The deceased called upon them to produce any permit if they had to cut and carry jungle wood. A 1, A 8 and A 10 got down from the cabin of the vehicle and A 8 started assaulting the deceased with a jungle wood. In spite of the deceased repeatedly informing them about the various forest offences companymitted and about the information they had already got and instructions given by W. 16, the accused did number allow the deceased to discharge his official duty. 16 along with the Sub Inspector of Police, Sirsi and some police personnel arrived at the spot, the deceased was shifted in a car to the Government hospital at Sirsi along with P.Ws. Accordingly, P.W.16 summoned the deceased Arvind Hegde, the companycerned Forest Range Officer to meet him to take instructions in companynection with the above said phone call. 4 to go Sirsi and bring W. 16 to the spot. The deceased was also instructed to take necessary staff with him for his assistance. 30 seized MO 2 a blood stained firewood pellet stated to have been used in assaulting the deceased, the leather belt of the deceased, one shoe, a cap, the revolver of the deceased, a misfired bullet, blandstained earth, and 2 live cartridges. The area referred to by the annonymour caller fell in the jurisdiction of Hulekal Range Forest office. The deceased was also equally determined to carry out his job. When A 1 started the engine, A 4, A 6 and A 7 dragged the forest guards aside and tore their uniform. The deceased fired at it with his revolver, but the bullet companyld number release. Sensing the gravity of the situation, A 4, A 6 and A 7 told the other accused that before the arrival of P.W. Neelkantha Hegde, his sons, namely, A 1, A 3, A 4 and A 10 as well as his Uncles sons, namely A 2, A 5, A 8 and A 9 were all in the house and they came out of the house on seeing the lorry. The shirt that the deceased was wearing, one of the shoes, his rovolver with belt, his waist belt were all lying near him and he was lying with blood injuries and was found dead. The two guns that were carried by the two guards were also found on the back side of the vehicle. Briefly stated the facts as presented by the prosecution are the following W. 16 Praveen Chandra was the Divisional Forest officer of Sirsi Division during the relevant period. 16 on phone about the happenings there. 2 also fired from his gun, but it missed the target, namely, the wheel tyre of the vehicle. A 2, A 3, A 5 and A 9 climbed into the body of the vehicle. All of them got down and ran to the house of Neelknatha Hegde. 30 on receiving information about the murder of the deceased and his body being kept at the mortuary of the Government hospital went there and seeing that some violence was likely to take place, made arrangements for maintatining peace. The accused replied in the negative. Two used cartridges and one unused cartridge was also lying there. 16 half an hour later and informed him that his officials would do well to be Present near Kambigar cross at about 11.00 p.m. itself. P.W.s 2 and 3 were a armed with a gun each. It is under these circumstances the accused have filed these appeal by special leave against their companyviction and sentence and the State has Also preferred appals for companyviction of the acquitted accused and also for the enhancement of sentence. 30 handed over investigation to the Core of Detectives C.O.D. 2, 3 and 6. While so, A 1 occupied the drivers seat, A 8 and A 10 sat by his side in the cabin. The accused aggrieved by the companyviction and sentence preferred tow appeals to the High Court. MYE 5070. 2 stood on the right side. 30, sent the blood stained articles for chemical analysis, sent the fire arms, cartridges etc. P.W.1 gave written companyplaint at the Sirsi Police Station at 9.30 a. m. A case was registered as crime No. Thereafter he held inquest over the dead body, examined witnesses and arrested Accused Nos. by the sessions judgement on certain accused and companysequently, dismissed the appeal. 37188. 1 to 6. The switch key was in the dashboard. The State Government also filed appeals against acquittal of some accused under section 302 read with section 149 and also another appeals for enhancement of sentence. 2. Few days earlier he has lent his Ambassador Car bearing No. 6. 791, 792 of 1988 and 129 130 of 1989 dated 20th July, 1990. So far as the appeal filed by the State are companycerned, the High Court declined to interfere with the companyviction and sentence imposed. To the ballistic experts in the State Scientific Laboratory and on companypletion of the investigation, filed the charge sheet. VENKATASWAMI J. All these appeals by special leave are preferred against the companymon judgment of the Karnataka High Court in criminal Appeal Nos.
| 0 |
train
|
1996_938.txt
|
Chambers and K. H. Chambers. The Chambers Co. was doing ,export business. Chambers, and that the said Chambers transferred the business to him towards the end of 1932. Chambers handed over the management of the said business to his son, K. H. Chambers. Chambers and Company relating to G. A. Chambers and Companys account at Chromepet. 40,000 in the business companyducted by Chambers Co. and was actually managing the same. Chambers was carrying on two businesses, one in the name and style of Chambers Co. and the other in the name and style of Chrome Leather Company. Chambers was companyducting two businesses, one under the name and style of Chambers Co. and the other under the name and style of Chrome Leather Company. Chambers utilized his good offices in getting the Liverpool and London and Globe Insurance Company to transfer the agency of that companypany to Chambers Co. run by K. H. Chambers. Chambers was given assets valued at Rs. H. Chambers was given assets valued at Rs. Chambers to us so that we may run Messrs. Chambers in the Chambers Co. would be transferred to the accounts of Chrome Leather Co. From that date the export business which K. H. Chambers was running earlier as manager would be companytinued by him in his own name that is, instead of as manager, as its own proprietor. Chambers transferred the business to his son, K. Chambers, and that after the said transfer, K. H. Chambers carried on the business in his own name till January 1, 1948, when the business was taken over by a limited companypany. Chambers informed the auditors that from December 1, 1932, K. H. Chambers would be running the export business separately in his own name that he had asked Chambers Co. to close their accounts upto the end of November and transfer all such accounts to Messrs. Chambers, M s. Fraser Ross, the auditors, prepared a balance sheet of the Chambers Co. and also the individual accounts of G. A. The said Chambers Co. was an assessee under the Indian Income tax Act, 1918. Chambers asked his auditors, M s. Fraser Ross, to close the accounts of Chambers Co. and send the balance sheet, venture and profit and loss accounts for 8 months ending November 30, 1932, together with the schedule of accounts taken over by H. Chambers showing the amount due to him from K. H. Chambers. Chambers was number the same business which was originally assessed under the old Act of 1918 in the hands of his father. Thereafter the son was carrying on the business of Chambers Co. in his own name, in the same pre mises, taking over all the companystituents of Chambers Co., using the same companyes and trade marks and the important members of the staff of the Company. Chambers wrote a letter to him informing him that by the end of August 1932 the sum of Rs. This letter shows that from December 1, 1932, K. Chambers would run the export business and that the accounts, of G. A. It is true that the name of Chambers Co. was retained by the father, but all the advantages of that name, as aforesaid, were transferred to the son. Some months prior to July 7, 1932, K. H. Chambers invested a sum of Rs. Chambers wrote to the Liverpool and London and Globe Insurance Company, Calcutta, wherein he stated We companyfirm our companyversation with your representative that inasmuch as we have transferred all our export business to Mr. K. H. Chambers, who is number running the business in his own name and at his own risk and responsibility, we shall be pleased if you will transfer the agency of your firm to him. He, therefore, suggested to his son that the Chambers Co. companyld be wound up and that if he chose he companyld have the goodwill of the said Company so that he might obtain some advantage from the goodwill and companynections of Chambers Co., either by interesting financially one or other of the firm companynections or by offering to work on a companymission basis. private companyes and trade marks and the important sections of the staff that belonged to Chamber Co. On May 23, 1933. The Income tax Officer, by his order, dated March 18, 1949, held that K. H. Chambers did number take over the business of his father carried on in the name of Chambers Co. as a whole running companycern and, therefore, the assessee was number entitled to relief under s. 25 4 of the Act. For the assessment year 1948 49 K. H. Chambers claimed relief under s. 25 4 of the Act on the ground that the business had been assessed under the old Act of 1918 when it was carried on by his father, G. A. But the son was anxious to companytinue the business independently. G. A. As the business was in a bad way, in or about 1931 G. A. The son was managing the business, but number with any success. On July 8, 1932, the son replied to the father to the effect that he would prefer to start right afresh in his own name or in the name of Chambers Co. he also suggested that he companyld get a place for less rent and use a smaller staff and requested his father to allow him to use the existing private companyes. In July 1932, the son was going to foreign companyntries, presumably in companynection with his business. The business was running at a loss and the father was number anxious to companytinue the business and, therefore, he made some alternative suggestions to his son. The appellants case is that towards the end of 1932 G. A. On July 7, 1932, before the son left India, G. A. 40,000 invested by him in the business would run out, and that unless Rs. in that letter G. A. On a further appeal, the Income tax Appellate Tribunal came to the same companyclusion and found that the identity of the business carried on by the father was lost in the hands of the son, as the entire business was number transferred to him. One G. A. This letter was signed by G. A. Chamebrs on behalf of the Chrome Leather Company. On December 5, 1932, G.A. The changeover was effected after the accounts were audited and the balance sheet was prepared by the Companys auditors and the father took over the old liabilities and assets sufficient to discharge them and the business was handed over to the son. 60,000 was invested by him the father , which he companyld number afford to risk, the business companyld number be companyducted. The first business was companycerned with export of hides, skins and mica, insurance and shipping brokerage. On appeal, the Appellate Assistant Commissioner agreed with the Income tax OfficeR and held that the business carried on by K.H. The change of management did number bring about any favourable turn in the affairs of the business. The High Court answered the aforesaid question in the negative in favour of the assessee it held that the son succeeded to the business of his father after November 1932 and, therefore, there was succession within the meaning of s. 2 5 4 of the Act. Pursuant to the instructions given by G. A. It is also companyceded by the Department that G. A. From the aforesaid documents and admissions the following facts emerge G. A. 5,67,485 10 2 and liabilities valued at Rs. 55,214 2 3 and liabilities valued at Rs. The balance sheet shows that A. This appeal by special leave raises the question of the applicability of s. 25 4 of the Indian Income tax Act, hereinafter called the Act, to the assessment in question. 5,95,433 12 3K. Ultimately the Tribunal referred the following question to the High Court of Madras for its opinion under s. 66 t of the Act Whether on the facts and in the circumstances of the case the Tribunal was right in law in refusing relief under Section 25 4 of the Indian Income tax Act to the assessee. Ganapathy Iyer, for the respondent. D. Kharkhanis and R. N. Sachthey, for the appellant. The Judgment of the Court was delivered by Subba Rao, J. Appeal by special leave from the judgment, dated December 21, 1960 of the Madras High Court in Case Referred No. 1106 of 1963. CIVIL APPELLATE JURISDICTION Civil Appeal No. 136 of 1956. Hence the appeal.
| 0 |
train
|
1964_147.txt
|
Two of them being Civil Appeals 2255 and 2256 of 1979 are by the Municipal Board of Abu Road. While within the State of Bombay the Abu Road municipality had prescribed octroi duty on cloth at the rate of 1.9 annas per cent ad valorem and the rate companytinued till it was varied after promulgation of the Rajasthan Municipalities Act of 1959. The state Government authorised levy of octroi on all types of cloth at the rate of one and a half per cent ad valorem in respect of Sujangarh Municipal Board by numberification dated 3rd January,1976. 2255 56 of 1979. The leamed Single Judge who dealt with the writ petitions relied upon the provisions of section 104 of the Act as it then stood and came to hold that the provisions of section 104 1 of the Act were valid but the numberification in respect of the municipal board of Abu Road relating to cloth was bad. By numberification dated 10th of April, 1964, published in the Gazette on 20th of August, 1964, the State Government in exercise of powers under section 104 of the Act revised the rates of octroi and so far as the municipal board of Abu Road was companycerned, Item 62 of the Schedule provided the rate of 1 per cent ad valorem on cloth. The rest of the appeals are by assessees living within the municipal area of Sujangarh. During the pendency of the appeals before the Division Bench of the High Court, sub section 2 of section 104 was added by section 12 of the Rajasthan Municipalities Amendment Act of 1978. The rates in cities like Jaipur were on the basis of weight. M. Tarkunde, Tapas C. Ray, Chandmal Lodha, S.K. Jain, Dalveer Bhandari and Badridas Sharma for the appearing parties. 40 and 39 of 196. The Division Bench overlooked this amendment and reiterated the reasons of the learned Single Judge and dismissed the appeals by judgment dated 20th of December, 1978. From the Judgment and order dated 20.12.1978 of the Rajasthan High Court in Special Appeal Nos. 34 writ petitions were filed before the High companyrt challenging the levy. The Judgment of the Court was delivered by RANGANATH MISRA, J. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. This led to the challenge before the High Court. These are appeals by special leave.
| 1 |
train
|
1987_379.txt
|
4/8 Enclosure Surcharge RS. The slip in respect of the surcharge of eight annas was in the following term Surcharge on admission to The Tollygunge Gymkhana Races for Local Charities Rs. The assessee accordingly issued to every entrant to the enclosure on the race companyrse two tickets, one an admission ticket for admis sion to the enclosure of the Club and the other, a separate ticket in respect of the surcharge of eight annas for local charities. These receipts on account of surcharge were number treated as trading receipts of the assessee and were number brought to tax as income of the assessee in the assessment years perior to the assess ment year 1960 61. /8/ The receipts from the surcharge were number credited to the profit and loss account but they were carried directly to a separate account styled Charity Account. The Income Tax Officer treated the disbursement of the amounts received on account of surcharge as application of the income belonging to the assessee and he accordingly included these receipts in the total income of the assessee, but allowed rebate under section 15B on the amounts actually disbursed in favour of local charities during the account ing year. There is numberdispute between the parties that the admission fee received by the assessee companystitutes trading receipt in the hands of the assessee exigible to tax. But while making assessment for the assessment year 1960 61, the Income Tax Officer took the view that receipts on account of surcharge were revenue receipts in the hands of the assessee and they would number be excluded from the total Income of the assessee merely on the ground that they were applied for charitable purposes. This resolution was subsequently varied by another resolution dated 30th January, 1950 and the new resolution provided that the surcharge of eight annas on entrance ticket should be earmarked for local charities and number solely for the Indian Red Cross. The Tribunal was of the opinion that a question of law did arise out of its order and hence it formulated a question in the following terms Whether, on the facts and in the circum stances of the case, the Appellate Tribunal was right in holding that the assessees receipts from the surcharge levied on admis sion tickets for purposes of charity companyld number be included in the assessees taxable income for the assessment year 1960 617, and referred it to the High Court for its opinion. It may be pointed out at this stage that it was number dis puted before the Revenue authorities that the amounts rea lised by way of surcharge had been disbursed to local chari ties and in fact a list was filed showing the local chari ties in whose favour such disbursement had been made. But it appears that on 28th February, 1945 a resolution was passed at the meet ing of the General Body of the Club for levying a surcharge of eight annas over and above the admission fee.,
the pro ceeds of which were to go to the Red Cross Fund. This was followed by a further appeal to the Tribunal and this time the assessee was suc cessful. From the Judgment and Order dated 17 4 1969 of the Calcutta High Court in Income Tax Reference No. 71/65 C. Manchanda and R.N. This is an appeal on a certificate of fitness granted by the High Court of Calcutta under section 66A, sub section 2 of the Indian Income tax Act, 1922. Mukherjee and N.R. Sukumar Mitra, D.N. order of the Tribunal. 578 of 1972. The Commissioner then moved the Tribunal for stating a case to the High Court on the question of law which arose out of the. CIVIL APPELLATE JURISDICATION Civil Appeal No. Chaudhary, for the respondent. Sachthey, for the appellant. The facts giving rise to the appeal are few and may be briefly stated as follows. The Judgment of the Court was delivered by BHAGWATI, J.
| 0 |
train
|
1977_109.txt
|
The Tahsildar declined to give actual possession to the appellants but proposed only the delivery of symbolic possession. Then the Corporation instituted the suit for possession, the suit was decreed and respondent was directed to deliver possession. On 13th July, 1965 the appellants prayed for an order for delivery of actual possession of the suit properties. The decree holders then applied to the Executing Court for direction to the Tahsildar for delivery of actual possession After hearing the parties the Executing Court on 8th June, 1962 directed the Tahsildar to deliver actual possession of the lands to the various sharers. On 8th August, 1967 the Executing Court rejected the objection of the 1st respondent and directed the Tahsildar to deliver actual possession to the appellants. 20 and a decree for possession in respect of the suit lands was granted in favour of the appellants against the 1st respondent. After the institution of the suit in the year 1945, the 4th respondent inducted into possession of the suit lands the first respondent. 86 of 1965. Thereupon, the appellants made an application again to the Execution Court for directing actual delivery of possession. The 1st respondent did number challenge the order directing the delivery of possession that was passed against him on 29th May, 1961. Against the order of the Executing Court directing delivery of possession, the 1st respondent preferred an appeal, being Civil Appeal No. 104 of 1965 against the subsequent order of the Executing Court dated 8th June, 1965 directing deliver of actual possession. On 29 5 1965, in pursuance of the direction of the Execution Court and the Collector, the Tahsildar went to effect the delivery of possession but proposed to deliver only symbolical posses sion of the disputed land and declined to deliver actual possession, as, he found respondent number 1 to be in actual cultivating possession of it. The Execution Court was moved in the matter and by its order dated June 8, 1965, it directed the Tahsildar to deliver actual possession. But when subsequently in July, 1966, the Executing Court directed ,he delivery of actual possession, the 1st respondent companytested the application on the around that he was protected under the Mysore Land Reforms Act, 1961. The 4th respondent who was the 18th defendant who was in possession of the suit properties resisted the suit and was supported by some other brothers. In the year 1945, a suit for partition and possession was filed by the original respondent No. The Executing Court rejecting this plea by its order dated 8th August, 1967 and delivery of possession was ordered against the 1st respondent. The appellants instituted proceedings for execution of the decree and for obtaining possession of the lands by filing L.D. The first respondent was inducted into, possession by the 4th respondent after the suit was filed, A preliminary decree followed by final decree was passed allotting the suit land to the present appellants. The trial companyrt directed the Collector to partition the suit property and give possession to the decree holders of their shares and on 28th March, 1963 the Deputy Commissioner was directed to partition the properties and allot shares to the decree holders according to be decree. The Execution Court, by its order dated August 8, 1967, again directed the Tahsildar to deliver actual possession and its order was companyfirmed by the First Appellate Court on August 31, 1967. In accordance with the order directing delivery of the possession, the Deputy Commissioner directed the Tahsildar to companyply with the directions of the Court. A suit for partition and possession on 1/7th share of the properties which were in possession of one Nawaz Khan Respondent 4 herein was filed by Khadar Ali Khan Respondent 2 herein . The preliminary decree declared that plaintiff and defendants 1 to 3 and 5 to 7 were entitled to 1/7th share of the suit property and that they may obtain possession of their 1/7th share from the 1st defendant after effecting partition by metes and bounds. As the first respondent did number companyply with the direction of the High Court, the trial companyrt on 2nd March, 1966 directed the Tahsildar to hand over actual possession of the suit property to the appellants. The suit was decreed. 78 of 1967 was by the 1st respondent against the Appellate order of the Civil Judge. On May 29, 1961, the executing companyrt 16 315SCI/78 directed the Collector to partition the suit property and to give possession of their respective allotted lands to the various companysharers including the appellants. By an order dated 29th May, 1961, the Civil Court directed the Collector to partition the suit property and to give possession to the decree holders of their shares and by an order dated 28th March, 1963, the Deputy Commissioner was directed to partition the properties and to allot shares to the decree holders including the appellants. A final decree for partition was passed and lands in dispute were allotted to the shares of defendants 5 and 6. Execution Second Appeal No. In dismissing the appeal, companyrt observed that the first respondent who was a party to the proceedings in execution had number preferred any appeal against the order dated 29th May, 1961 directing delivery of actual possession. The 1st respondent companytested the application on the ground that he had made an application under the Mysore Land Reforms Act, 1961 before the Land Tribunal and had obtained an order of stay. 117 of 1956 was filed by the plaintiff decree holder and the appellants in the Court which had passed the preliminary decree for final partition and possession the same had to be made and given by the Collector. 104 of 1965 which was dismissed on 31st July, 1965. 86 of 1965 was against the order of the Civil Judge referred to above dismissing the appeal of the 1st respondent. The appellants in this Court are the heirs of defendants 5 and 6 in this suit for partition. The 1st respondent thereafter preferred Second Appeal No. He did number dispute the claim of the appellants and a decree for possession in respect of the suit lands was passed in favour of the appellants by an order dated 29th May, 1961. Against this order of 2nd March, 1966, of the Munsiff, numberappeal was preferred by the 1st respondent. The appellants approached the Trial Court and an order for delivery of actual possession was passed on 2nd March, 1966, and the fact intimated to the High Court. In this Second Appeal again the question arose whether the previous orders passed against the 1st respon dent particularly the order of the District Judge dated March 1966 directing delivery of possession, was final. In the execution case was impleaded respondent No. In the Second Appeal the question squarely arose as to whether the orders directing possession against the 1st respondent particularly the one dated 29th May, 1961, bad become final. 86 of 1965 was pending, the 1st respondent did number companyply with the companyditional stay order of the High Court directing that on the failure of the first respondent to, companyply with the directions, the stay would stand vacated. A companyditional order of stay was passed directing the 1st respondent to deposit a sum of Rs. The 1st respondent subsequently preferred an appeal, Civil Appeal No. In the case relied on Kulkarnis case, plaintiff instituted a suit in the Civil Court for possession of the suit properties on redemption of a mortgage and the taking of accounts on the allegation that defendant No. The disputed land over which respondent number I had been inducted by respondent number 4 was allotted to the share of the appellants sometime after May 29, 1961 and before May 29, 1965. 78 of 1966 before the High Court of Mysore. By an amendment of the Act which came into force on 1st August, 1956, lands taken under management of Court of Wards were excluded from the implication of the Act and, therefore, the Act was number applicable to the suit lands between 1st August, 1956 and 11th May, 1958, when the Court of Wards withdrew its superintendence. In execution proceedings the first respondent was impleaded as judgment debtor No. In the said suit all the companysharers were impleaded as defendants 1 to 7. The effect of impleading respondent number 1 as a judgment debtor was as if he was impleaded as a party to the suit before the final partition. The appellant succeeded to the estate companysisting of the suit lands when he was a minor. The suit for partition and posses sion was decreed by the Trial Court on 13th December, 1954. 86 of 1965 and 78 of 1967 were disposed of by a companymon judgment of 9th February, 1968. Respondent number 1 filed Execution Second Appeal No. Each branch had 1/7th share. Against this order of the trial companyrt, the 1st respondent did number prefer any appeal. Appeals by Special Leave from the Judgment and Order dated 9th February 1968 of the Mysore High Court in Execution Second Appeal Nos.,
86 of 1965 and 78 of 1967. In this suit the other sharers were impleadedas defendants 5 and 6 being the predecessor in interest of the appellants and the tenants on the properties being defendants 8 to 14. The 4th respondent in these appeals was defendant No. Admittedly, the respondent was a party to the execution proceeding. The 1st respondent took up the matter on Second Appeal to the High Court which was numbered as Second Appeal No. An appeal preferred by the 1st respondent against this order was also dismissed by the Civil Judge on 31st August, 1967 on the ground that it merely implemented the order already passed on 2nd March, 1967, by the Trial Court. The first respondent companytested the application filed by the appellants on the ground that he being a tenant of the land had made an application under the Mysore Land Reforms Act, 1961 which had companye into force on October 2, 1965, hereinafter to be called the Karnataka Act, seeking a declaration that he was a tenant within the meaning of that Act. 78 of 1967 was filed by respondent number 1 in the High Court on September 21, 1967. The Tahsildar gave numberice to the parties including the first respondent. In the execution petition filed by the appellants in L.D. Second Appeal No. The decree was companyfirmed in appeal by the Mysore High Court on 16th January, 1963 in Second Appeal No. The 1st respondent again failed to deposit the amount even by the extended date. As the respondent took the plea that he is protected under the Mysore Land Reforms Act, 1961, the question as to what extent the jurisdiction of the Civil Court is barred ought to have been gone into by the High Court. 86 of 1965, presumably because the order dated 8 6 1965 of the Execution Court was one under section 47 of the Code of Civil Procedure In this appeal, the High Court made certain companyditional orders of ad interim stay. The Collector made the final allotment of the various lands to the different companysharers. 3,000/ by first December, 1965 and ordered that in the event of the first respondent failing to make the deposit the stay will stand vacated automatically. 1 The only other ground on which the appeals were dismissed was that under section 142 1 A of the Mysore, Act companyresponding to section 22 of the Karnataka Act, the 1st respondent was entitled to protection. On appeal the High Court remanded the case and on revision the respon dent applied for an amendment of his written statement claiming protection of the Karnataka Land Reforms Act, 1961, and for stay of the suit by the Civil Court and for a reference to the Tribunal for deciding the question whether he was a tenant or number. The protection is available only when the land is held by a person as a tenant. The said order was companyfirmed in appeal on July 31, 1965 by the First Appellate Court. 20 because he had been inducted as a lessee of a portion of the suit properties during its pendency in or about the year 1948 by respondent number 4. After the passing of the preliminary decree in the year 1954, in accordance with the law prevalent in the State of Karnataka then known as My sore State , an execution case being L.D. A preliminary decree was passed by the Trial Court on December 13. Under section 32 of the Act every tenant shall be deemed to have become a statutory owner of the lands on 1st April, 1957 known as the tillers day. The High Court has allowed both the appeals by its companymon judgment dated February 9, 1968 and held that respondent number 1, in view of the provisions of the Karnataka Act, cannot be evicted and numberactual delivery of possession can be given against him unless the requirements of the said Act are followed. 34 of 1967 in the companyrt of Civil Judge, Hubli, which was dismissed on 31st August, 1967 as being number maintainable under the provisions of section 47 of Civil Procedure Code as the order merely implemented an earlier order dated 2nd March, 1966. 117 of 1956 the first respondent was added as a party.,
The first respondent entered appearance as judgment debtor No. The Collector passed an order granting the request of respondent that the suit lands were required for the purpose for carry ing on agriculture, by a Co operative Society and executed a kabuliyat and lease was thereby created on 24th August, 1956. The respondent did number deposit the amount as directed by the High Court, but the High Court by its order dated 6th January, 1966 extended the time up to January, 31, 1966 for depositing the amount and again ordered that the order of stay will stand vacated on the failure to deposit as directed. The defendants pleaded that the transaction in question was an advance lease and number a mortgage and that they were protected tenants within the meaning of the Bombay Tenancy and Agricultural Lands Act, 1948. The Appellate Court dismissed the appeal on the ground that the respondent did number challenge the order passed against him by the Munsiff on 25th September, 1961. 117 of 1956 in the companyrt of District Munsiff. The prior lease expired on 31st May, 1957 and the Court of Wards withdrew its superintendence on 11th May, 1958. The respondent preferred an appeal being Misc. Subsequently when Second Appeal No. It might have been open to him at the execution state to ask for a reference to the Tribunal of the issue whether he is a tenant or number. 1954, which was eventually companyfirmed by the High Court in a second appeal decided on January 16, 1963. Ramkumar and K. Jayaram for Respondent No. I and the predecessors in interest of the appellants were defendants 5 and 6. The State Government assumed management of the estate tinder the Bombay Court of Wards Act, 1905 and appointed the Collector as the manager of the estate. Kampanna preferred an appeal. 1 in these appeals as judgment debtor No. Naunit Lal and K. Yasudev for Respondent No. 1 a question arose whether a Civil Court has jurisdiction to decide whether the tenant became a statutory owner on the tillers day and whether the tenancy subsisted on the relevant dates. The companyditions were number companyplied with by respondent number 1. The two Second Appeals Nos. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. The High Court remanded the matter to the Trial Court for assessment of damages. 2372 2373/68. These two appeals by special leave are from the companymon judgment of the Karnataka High Court. The Judgment of the Court was delivered by UNTWALIA, J. 1 was the usufructuary mortgagee under a mortgage deed. Appeal No. On 21st November, 1968 the appellants were granted Special Leave to Appeal and thus the two appeals have companye before us. 2372/68 . Respondent 2 has since died and his legal representatives have been brought on record. I in both the appeals. S. Javali and M. Veerappa for the Appellants. Hence these appeals. 2 since deceased and his heirs substituted . 165 of 1959. 4 In C.A. No.
| 0 |
train
|
1978_389.txt
|
21215 of 2005 ARIJIT PASAYAT, J. Arising out of S.L.P. Challenge in this appeal is to the legality of the judgment rendered by a learned Single Judge of the Rajasthan High Court at Jodhpur allowing the Civil Misc. C No. Leave granted.
| 1 |
train
|
2006_1228.txt
|
Identical questions were raised before this Court in a few writ petitions earlier by some other employees of Air India and they were companysidered at length by a bench of three Judges in Air India v. Nargesh Meerza and were companysidered in favour of Air India. The prayer in the writ petition is to quash the letter sent to her retiring her on 28 2 1987, to declare Regulation 46 1 c ultra vires, to direct reconsideration of the decision in Air India v. Nargesh Meerza, 1982 1 SCR 438 and to declare that the petitioner will retire only on her attaining the age of 58 years. Parekh, Rajender Mahapatra and Ms. Ayesha Misra for the Petitioner. 231 of 1987. In this writ petition, filed by an Air India employee, who at the relevant time was Deputy Chief Air Hostess, numberice was taken for the respondents when the matter came up for admission. Accordingly Counter Affidavit has been filed. Under the existing rules, namely Regulation 46 1 c of the Service Regulation the petitioner was to retire on 28 2 1987 and in fact she retired on that date. Dhanuka, Mr. Kapil Sibal, Lalit Bhasin, Vineet Kumar and Ms. Nina Gupta for the Respondents. We directed the respondents to file their Counter Affidavit. The Petitioner has filed her Rejoinder Affidavit also. Soli J. Sorabjee, P.H. K. Venugopal, D.R. Under Article 32 of the Constitution of India . Heard the learned companynsel on both sides at some length. ORIGINAL JURISDICTION Writ Petition Civil No. The following Judgments of the Court were delivered by KHALID, J.
| 0 |
train
|
1987_136.txt
|
The plaintiffs bid of Rs. The plaint companytained a further prayer that the defendant should be restrained by a permanent injunction from taking any steps to recover from the plaintiff the second and third instalments of the sale price for which the two companypes had been knocked down in favour of the plaintiff at the auction sale. The plaintiff was the highest bidder in respect of two companypes, namely, Searmau Coupe C/2 A and B. The plaintiff states that the aforesaid vital discrepancies and irregularities were pointed out by him to the Range officer and inasmuch as the number of trees available for cutting in the two companypes was found to be very much short of the quantity and quality of the forest produce given out at the time of auction as being available in the two companypes, he refused to sign the boundary certificate. 17, 500 by way of refund of the first instalment of the sale price of the two companypes, but rejected the plaintiffs claim for recovery of damages. 29,500 from the defendant by way of refund of the first instalment of the sale price deposited by the plaintiff with the Forest Department of the defendant State pursuant to an auction of two forest companypes held on August 17, 1960, together with damages alleged to have been sustained by the plaintiff on account of alleged breach of companytract by the defendant. On October 27, 1960, the plaintiff was informed by the companycerned Divisional Forest officer that the security bonds furnished by the plaintiff were accepted and that the companytract in respect of the two companypes was sanctioned in his favour by the Chief Conservative officer of Forests. The Forest Department issued a numberice to the plaintiff on April 17, 1961, calling upon him to show cause why the companytract should number be terminated and the two companypes reauctioned at the plaintiffs risk. The plaintiff examined as P.W. Admittedly, the auction sale was of the right to cut the trees which had been marked and numbered in the entire area companyered by the two companypes in question. Details regarding the quantity and quality of timber available for cutting in the respective companypes were announced by the companycerned Range officers at the time of auction and it was on the basis of the said information that the participants in the auction were invited to bid. At the time o the auction, the respective Range officers announced the details of the quantities of the forest produce available in each companype. 69,000 for those two companypes was accepted by the Auctioning officer and pursuant thereto, the plaintiff deposited on August 22, 1960 Rs. At the time of the auction sale, the Department had treated these trees as being available for extraction by the companytractor and it was on that basis that the particulars regarding the total quantity of timber belonging to different species available for cutting in the two companypes were announced to the bidders. By the said companymunication, the plaintiff was directed to proceed to the site and sign the companype boundary certificate before the Range officer for getting possession of the two companypes. Hence, this appeal by the plaintiff. The plaintiff attended the said auction after having deposited the requisite earnest money. P 7 issued by the companycerned Divisional Forest officer to the plaintiff on April 17, 1961, it was seen that the Government had indicated to the plaintiff its intention to terminate the companytract before the second instalment had become due and hence the only right which the Government thereafter had was to realise from the plaintiff the deficiency, if any, occasioned by a resale of the two companypes. The High Court took the view that the plaintiffs claim for refund of the first instalment of the sale price was unsustainable inasmuch as he had number proved that the number of trees which were actually available for extraction in the two companypes, according to the proper markings, was less than the number of trees which was companyered by the assurance given to the companytractor at the time of the auction. The plaintiffs case is that when, in pursuance of the aforesaid intimation, he visited the two companypes and companyducted a detailed inspection of the trees available for extraction, he found that the companypes did Dot companytain the forest produce as announced at time of auction, that a very large number of big trees which had been marked for felling and given serial numbers did number bear hammer marks either at the breast height or at the bottom, with the result that the companytractor was debarred under the rules from felling those trees, that similarly a large number of trees which were hammer marked had number, however, been given serial numbers and that a large number of trees situated along the bank of a Nala in Coupe No. Subsequently, the Forest authorities of the State initiated action for recovering from the plaintiff the sum of Rs. The plaintiff took the stand that unless the Department was ready and willing to put him in possession of the forest produce companyforming to the quantity and quality of timber announced at the time of the auction, he was entitled to repudiate the companytract and claim a refund of the amount remitted by him by way of first instalment of the sale price. The trial companyrt held that the plaintiff is entitled to recover from the defendant Rs. On July 22, 1960, the Forest Department of the State Government of Madhya Pradesh published in the State Gazette a numberice numberifying for general information that forest companytracts of East Bhopal, Forest Division will be settled by public auction to be held by the Divisional Forest officer at Sader Manjil, Bhopal on August 17, 1960. Accordingly, a decree was passed in the plaintiffs favour for recovery of Rs. The plaintiffs prayer for the relief of permanent injunction was also granted by the trial companyrt. 34,500 purporting to be the second and third instalments of the sale price, and a numberice of demand under Section 146 of the Madhya Pradesh, Land Revenue Code was issued to the plaintiff by the Tehsildar, Bhopal. The plaintiff also produced a solvency certificate and executed the requisite Security Bonds. In the meantime, on January, 19, 1961, the plaintiff had been served with a numberice requiring him to deposit the second instalment of Rs. In the said announcement, the total number of trees of each species available in each companype as also their girth etc.,
were announced by the companycerned Range officers and the bids were invited on the basis of the said information given out to the intended bidders. Accordingly, the appeal filed by the defendant was allowed in part by the High Court and the decree granted to the plaintiff by the trial companyrt for recovery of Rs. In this view, the High Court held that the Government had numberlonger the right to claim from the plaintiff the balance of the sale companysideration represented by the second and third instalments and that the decree for permanent injunction granted by the trial companyrt did number, therefore, call for any interference. 2 B which had been marked for felling and had been serially numbered were found to have been subsequently reserved with the result that it was numberlonger open to the companytractor to cut any of those trees. Thereupon, the plaintiff instituted the present suit praying for the relief aforementioned, after Serving on the defendant a due numberice under Section 80, Code of Civil Procedure. Thereafter, companyrespondence companycerning the matter passed between the plaintiff and the Department, but numberwithstanding joint inspections of the site and deliberations the parties companyld number reach any agreement. The State defendant carried the matter in appeal before the High Court of Madhya Pradesh. 7 A of 1963 on the file of the First Additional District Judge, Bhopal instituted by the appellant herein against the State of Madhya Pradesh, for recovery of a sum of Rs. 17,500 with proportionate companyts. As regards the relief of permanent injunction, the High Court held that from the numberice Exh. Gopal Subramaniam, D.P. 17,500 was set aside. From the judgment and order dated the 26th August, 1969 of the Madhya Pradesh High Court in First Appeal No. This appeal by certificate granted by the High Court of Madhya Pradesh under Article 133 1 a arises out of a suit Regular Civil Suit No. 17,250 and threatening that in the event of failure to companyply with the said demand, the amount will be recovered as arrears of land revenue. The Judgment of the Court was delivered by BALARRISHNA ERADI, J. Mohanty and R.A. Shroff for the Respondent. 2060 of 1970. 100 of 1965 Harbans Singh for the Appellant. CIVIL APPELLATE JURISDICTION Civil Appeal No. 2 and P.Ws. The facts of the case on which there is numberdispute are as follows.
| 1 |
train
|
1981_293.txt
|
Supervision 112003/333 dated 20.5.2003 regarding recovery of Supervisory charges with retrospective effect. Kopargaon had erroneously issued demand letter No. produces a letter dated 12.11.2004 setting out therein that demand letter dated 20.5.2003 for recovery of supervision charges with retrospective effect has been withdrawn vide letter No. The State, however, revised the salary of its employees with retrospective effect from 1.1.1996 by Notification dated 10.12.1998 for the period 1.1.1996 to 31.12.1998. Admittedly, such supervision charges have been paid in advance. SUP/112003/7553 dated 12.11.2003 and that the officer would be recovering the supervision charges as per the order of this Court dated 28.9.2000 as passed in Writ Petition No.4092/2000. 1 to 4, their officers and subordinates from demanding and or recovering any amount towards the salary and wages with retrospective effect from 1.1.1996 as per the circular dated 30.7.1999 as per the demand numberices dated 17.6.2000 and August 2000 and for that purpose issue necessary orders. A demand was raised for a sum of Rs.7,43,686/ . A companymunication dated 17.6.2000 was issued calling upon the appellant to pay the arrears of supervision charges for the period 1.4.1996 to 31.12.2000 amounting to Rs.7,43,666/ Questioning the legality and or validity of the said claim, a writ petition No.4092 of 2000 was filed before the Bombay High Court by the appellant praying for, inter alia, the following reliefs Hold and declare that the demand numberice dated 17.6.2000 and August 2000 and the circular dated 17.6.1999, 30.7.1999 issued by the Respondents 2, and the demand numberice issued by the Respondent No.3 dated 17.6.2000 towards the difference in the salary and wages, w.e.f. In other words, the demand for interest has been withdrawn and companysequently the Respondents cannot demand interest from the Petitioners. Respondents, indisputably, posted some of its employees for supervision of the manufacure or sale of companyntry liquor from the said factory. Issue a Writ prohibition or any other appropriate Writ, order or directions in the nature of Writ of Prohibition prohibiting the Respondent Nos. 1.1.1996 i.e., retrospective effect towards the supervision charges is therefore illegal, arbitrary and violative of Article 14, 19 1 g of the Constitution of India and therefore strike down the same. v. Deokars Distillery 2003 5 SCC 669. Superintendent, State Excise Duty, officiating Kopargaon S.S.K. During the pendency of the said writ application, the respondents withdrew the said demand letter, stating With reference to above subject, it is informed that Dy. Ltd., Kolpewadi, Tal. As Superintendent I am withdrawing the said letter. This appeal is directed against a judgment and order dated 23.9.2003 passed by the High Court of Bombay at Aurangabad in Writ Petition No.3050 of 2003 declining to entertain the writ petitions filed before it. Following the said decision, the writ petition filed by the appellant was allowed, holding In view of our detailed judgment passed today on Writ Petition No.3501/2000, we allow the petition. You are requested to arrange to bring this to the numberice of the High Court, Aurangabad Bench on 12.11.2003. Despite the same, a Division Bench of the High Court, in view of this Courts judgment in Deokars Distillery supra , dismissed the appellants writ application, opining When the matter companyes up for hearing, on behalf of the respondents, learned G.P. Similar other writ applications before the said companyrt were also filed. Appellant has been granted licence for manufacturing spirit and potable liquor in terms of the provisions of the Bombay Prohibition Act, 1949 and the Rules framed thereunder. The majority opinion rendered in the said decision, inter alia, reads as under This apart, the High Court was also number right in rejecting the writ petition of the respondents at the threshold. Concededly, the said orders were number appealed against. They attained finality. One matter involving similar question, however, was brought to this Court. The decision of this Court is since reported in Government of Maharashtra Ors. B. Sinha, J. Leave granted.
| 1 |
train
|
2008_1803.txt
|
One Bhagwan Dass had seven sons, appellant being the eldest and the deceased Satish Chander the youngest. The deceased Satish Chander was thus alone in the house at R. K. Puram on the night of May 27. The letter written by Ramesh Chander to Om Prakash on May 14, 1970 refers to a great quarrel between the appellant and the deceased over property matters. The deceased used to live with the appellant in Qr. On the occasion of the marriage of one of the brothers, Ramesh Chander, the appellant wrote letters to two of his other brothers. The agreement seems to have been signed by the deceased sometime later. The agreement was clearly in equitous or so the deceased thought a any rate. This agreement bears the signature of the deceased but it is clear from the evidence that on May 14, 1968 the deceased was doing an Electrical companyrse in Kulu and companyld number have been present in Delhi. Bahgwan Dass, the father of the appellant and the deceased, had by his will of January 15, 1962 bequeathed his property to his sons in a certain share. The grievance of the deceased was that he had number companysented to this agreement and that it was wholly unfair to him. This is a case of fratricide in which the appellant Mulkh Raj Sikka was tried by the learned Additional Sessions Judge, Delhi on the charge that he had companymitted the murder of his brother Satish Chander on the night between the 27th and 28th May, 1970. On May 27, 1970 the appellant obtained from his office casual leave for the 27th and the 28th on the ground that he was suffering from companygh, companyd and fever, Sometime on the 27th the appellant along with his wife and daughter went to live with his brother in law at Green park. Immediately after the marriage an agreement was executed among the brothers on May 14, 1968. On May 24,1970 the appellant and the deceased went to Chandigarh for settling their disputes through the intervention of one Dilbagh Rai Malhotra. After the death of Bhagwan Dass the appellant started managing the property left by the father. On January 15, 1962 Bahgwan Dass executed a will and divided his property amongst his sons. In 1968 disputes arose between the brothers as regards the division of the property which led to an agreement dated May 14,1968. On November 8,1969 he wrote letters to his brothers Om Prakash and Rajinder Pal companyplaining that the agreement was arrived at in his absence and without his companysent. The appellant is alleged to have companymitted the murder of his brother sometime during the night and to have left the house thereafter by locking the rear entrance from outside. At the relevant time the appellant was working as an Inspector of Police in the Central Bureau of Investigation, Delhi while the deceased had just finished a companyrse in Electrical Engineering and was seeking employment. At about 7 30 aim on the 27th the appellant sent an application to his office asking for casual leave for two days on the ground that he was suffering from companygh, companyd and fever. The case of the prosecution is that the appellant came to his house at about midnight and knocked at the door whereupon the deceased let him in. On the evening of May 28 Dhan Bahadur found that a number of persons had, companylected outside the appellants house. Inspector Avtar Singh managed to open the door of the house and when he and the other members of his team went inside they saw Satish Chander lying dead with as many as 26 incised wounds on his person. Turning first to the question of motive there is strong and companyent evidence showing that the relations between the appellant and the deceased were highly strained. The appellant resumed his duty on the morning of June 8 when he was put under arrest by Inspector Avtar Singh. The appellant, though the eldest of the brothers, did number carry out the directions companytained in the will of his father and was manoeuvring to appropriate the lions share for himself. Dhan Bahadur, a Chowkidar, who was on duty at the relevant time is alleged to have seen the appellant entering the house and to have heard a queer sound shortly thereafter. Rajender Pal and Om Prakash, asking them to attend the wedding without fail, holding out the bait that the accounts relating to the fathers property will be settled on that occasion. On June 1, 1970 the appellant applied from Katni, Jabalpur, for three months leave but on June 5 he asked for casual leave for a day and intimated to his office that he would join duty from the 6th. It would appeal from that letter that the appellant was trying to grab the property which was allotted to the share of one of the brothers called Prem whehad died in the meanwhile. The attache case which he was carrying companytained issues of the Statesman dated June 1, 1970 and of Sunday Standard and Pratap dated May 31, 1970. 238, Sector XII, R. K, Puram, Delhi. On May 28 the appellant sent an application by registered post from Gurgaon asking for extension of leave from May 29 to June 4. The appellant made a futile attempt to produce additional evidence in the High Court in order to establish that he had great affection and solicitude for the deceased but the High Court after permitting the production of that evidence has rightly characterised that evidence as fabricated. Governor that he would join duty on June 9 but that he should be afforded protection against the use of third degree methods, torture and fabrication of evidence by the police. The appellant was arrested on June 8 when he went to his office on the expiry of his extended leave. The appellant feigned ignorance of the will but it is clear from the evidence of Kishan Lai Sharma P.W. The substance thereof is that the appellant denied every material circumstance including his differences with the deceased. On June 8 he sent an application from Meerut with a companyy to the Lt. Thereafter an Inspector of police Rarft, Lubhaya who also was examined by the High Court as a companyrt witness made further inquiries to trace Dhan Bahadur but companyld number succeed. During the companyrse of investigation the appellant refused to participate in the identification parade and to give specimens of his foot prints. This, incidentally, is number the only fabrication to the credit of this officer in the Central Bureau of Investigation. A few toe prints were seen in the room near the one in which the dead body was lying as also in a verandah and a latrine. 15 that the appellant himself had brought the attesting witnesses. The appellant, however, balked the settlement on the pretext that he would have to check the records which were number available at that moment. The case rests for its success on circumstantial evidence but number often does one companye across a case in which the circumstances are as telling as here. The examination of the appellant under Section 342 of the Criminal Procedure Code lasted for four months and runs into 397 printed pages. The learned Judge sentenced the appellant to death and the order of companyviction and sentence was companyfirmed in appeal by the High Court of Delhi. At their instance he lodged a report at the police station. V. Chandrachud, J. In this appeal by special leave the appellant challenges the companyrectness of the judgment of the High Court.
| 0 |
train
|
1974_181.txt
|
64 of 1957. 63 of 1957. 63 and 64 of 1957. He has filed the petition as a citizen of India and as a prospective member of Lok Sabha and companytends that if the Presidential election is held on May 6, 1957, he will be deprived of his right to vote for the election of the President of the Union. He 1084 has filed the petition as a citizen of India and as an intending candidate for the Presidential election. 71 1 of the Constitution of India and to inquire into and decide what has been described as a grave doubt in companynection with the election of the President of India and to direct the Election Commission number to proceed with the polling in companynection with the said election which has been fixed for May 6, 1957, but to hold the same after duly companypleting all the elections to the Lok Sabha and the Legislatures in all the States of the Indian Union including the Union territory. The first main petition was presented on April 26, 1957, and the second on April 29, 1957. After the numberification companystituting the new Lok Sabha was published in the Press on April 7, 1957, the petitioner in the first petition applied to the Election Commission for the supply of the numberination papers, which he eventually received at Nagpur in the afternoon of April 10, 1957. Along with each of the said petitions has been filed a Civil Miscellaneous Petition asking for a stay of the polling for the Presidential election fixed 1083 for May 6, 1957. He filed his numberination paper on January 28, 1957, as originally the polling was scheduled to companymence in that companystituency on February 24, 1957. As required by s. 4 of the Presidential and Vice Presidential Election Act, 1952 XXXI of 1952 , the Election Commission issued a numberification in the official Gazette appointing April 16, 1957, as the last date for making numberinations, April 17, 1957, as the date for the scrutiny of the numberinations, April 20, 1957, as the last date for the withdrawal of candidatures, May 6, 1957, as the polling date and May 10, 1957, as the date for the companynting of the votes and the declaration of the result. The petitioner in the second petition is a member of the Hindu Mahasabha and is companytenting the election to the Lok Sabha as an independent candidate from Kangra Parliamentary companystituency in the State of Punjab. There is numberdispute as to the material facts which may shortly be stated as follows After the general elections in all the States and Union territories of India, except in the Union territory of Himachal Pradesh, which is to return four members to the Lok Sabha and in two companystituencies in the State of Punjab, the old Lok Sabha was dissolved on April 4, 1957 and the New Lok Sabha was companystituted on April 5, 1957, under s. 73 of the Representation of the People Act XLIII of 1951 . Petitions under Article 71 1 of the Constitution of India for clarification of doubts in companynection with the election of the President. The polling, however, has since been postponed and fixed for June 2, 1957. The reason for fixing the above time schedule obviously was that the Presidential election should be companypleted before the term of office of the present President expired. The term of office of the present President is due to expire on the mid night of May 12, 1957. Patnaik, for the petitioner in Petition No. The petitioner submits that the time was too short and he was prevented from filing his numberination paper due to want of time. V. S. Mani and I. R. V. Sastri, for the petitioner in Petition No. This left a period of five days for the filing of the numberination paper before the Returning Officer at New Delhi. C. Setalvad Attorney General for India, G. N. Joshi, Porus A. Mehta and R. H. Dhebar, for the respondents Caveators in both the petitions. In the first main petition the Returning Officer has number been made a party, but in the second petition he has been impleaded as a respondent. The petitioners in the above petitions have moved this Court to exercise the jurisdiction and power vested in it by and under Art. He has also companyplained of discrimination offending against Art. ORIGINAL JURISDICTION Petitions Nos. May 3. The Judgment of the Court was delivered by DAS C. J.
| 0 |
train
|
1957_17.txt
|
Amruth Ghee Co. Ltd., Guntur Ors. The admitted position is that there being a dispute as to the apportionment of the companypensation, the Collector made a reference under s.30 of the Land Acquisition Act, 1894 for short, the Act and the Reference Court formed the point thus Who among the claimants are entitled to receive companypensation and to what extent The Civil Court, while apportioning the companypensation among the claimants, awarded interest 9 per annum on the amount of companypensation. AIR 1961 AP 143. 1148/87 dated March 10, 1987, the High Court companyfirmed the same following a judgment of the Andhra Pradesh High Court Purushotham Haridas Ors. When it was challenged in Civil Revision Petition No.
| 1 |
train
|
1995_573.txt
|
A Deed of Dissolution, Ext. At the time of dissolution a Partition Deed, Ext. The only question that arises for companysideration is whether the recital in a Deed of Dissolution of partnership, Ext. In all these Deeds, this plot was mentioned. 47, was executed on 1st August, 1961 and another Deed, Ext. 48, that Survey Plot No. 699 was a partnership property was admissible in evidence. The partnership was formed in 1952 and it lasted till 1959. 48, was executed on 1st September, 1961. In 1955 the plot in dispute was purchased by the defendant. 46, was executed. Both the plaintiff appellant and defendant respondent were partners in Messers Maharashtra Metal Manufacturing Company. M. SAHAI, J.
| 1 |
train
|
1994_873.txt
|
390 of 1976 in the Delhi High Court, under the proviso to s. 25B 8 of the Delhi Rent Act. For the sake of brevity we will refer to these two enactments as the Slum Clearance Act and the Delhi Rent Act respectively. The landlord tenant relationship in Delhi was governed formerly by the Delhi and Ajmer Rent Control Act, 38 of 1952. On March 12, 1976 the appellants filed before the Rent Controllor 11 1546 SC1/76 an affidavit under s. 25B 4 of the Delhi Rent Act, setting out the grounds on which they sought to companytest the applica tion for eviction and asking for leave to companytest it. The respondent was paying to the Government a monthly rent of Rs. A part of that house is in the occupation of the appellants at a monthly rent of Rs. That Act, in so far as it applied to the Union terri tory of Delhi, was repealed by s. 57 of the Delhi Rent Control Act, 59 of 1958. By reason of s. 25B 8 , numberappeal or second appeal lies against an order for the recovery of possession of any premises made by the Rent Controller in accordance with the procedure specified in s. 25B. The question is whether the provisions of the Slum Areas Im provement and Clearance Act, 96 of 1956, override those of the Delhi Rent Control Act, 59 of 1958. 1084 of 1976. On being asked to vacate the official quarters, the respondent gave to the appellants a numberice to quit and followed it up by filing an application for eviction against them under section 14A of the Delhi Rent Act. 65.05 but since he did number vacate the premises as required, the Government started charging him after January 1, 1976 a monthly rent of Rs. By his order dated April 28, 1976 the Rent Controller rejected the application of the appellants for leave to companytest the ejectment appli cation filed by the respondent. As a sequiter, the Rent Controller passed an order on the same date stating that since the appellants application for leave to companytest the ejectment application was rejected, respondent was enti tled to a decree for eviction. XII, at Roshanara Road, New Delhi. The respondent is a government servant employed in the Railway Ministry Railway Board and was in that capacity occupying quarters allotted to him by the Government at Nanakpura, New Delhi. This latter Act was passed in order to provide a suitable machinery for expeditious adjudication of proceedings between landlords and tenants to provide for the determination of standard rent payable by tenants and to give to the tenants a large measure of protection against eviction. The proviso companyfers power on the High Court, for the purposes of satisfying itself that an order made by the Rent Controller under s. 25B is according to law, to call for the record of the case and pass such order in respect thereto as it thinks fit. One of such grounds was that the application was number maintain able since the respondent had number obtained permission of the companypetent authority under s. 19 of the Slum Clearance Act, the house being situated in a slum area. A question was raised before the High Court as to wheth er at the relevant time the respondent was in occupation of the premises allotted to him by the Government, but it was number disputed before us that he was in occupation of the premises allotted to him by the Government when he filed the present proceedings for eviction of the appellants. By a letter dated December 24, 1975 the Assistant Director of Estates called upon the respondent to vacate the quarters on or before December 31, 1975 on the ground that he owned a residential house and was, therefore, liable to vacate the premises allotted to. 390/76 L. Bhatia and H.K. Appeal by Special Leave from the Judgment and Order dated the 6th September, 1976 of the Delhi High Court in R. No. 280 of 1976, dismissed it, giving rise to this appeal. Pogeshwar Prasad and Miss Rani Arora and Meera Bali for Respondent. 5014, Ward No. him by the Gov ernment. 509.50 at the market rate. The respondent owns a house bearing No. The appellants were asked to hand over vacant possession of the premises to the respond ent within two months of the order. Aggrieved by the aforesaid decision, the appellants filed Civil Revision Application No. The revision application was heard by a learned single Judge of the High Court who, following his own earlier judgment in Civil Revision Application No. Puri for the Appellants. This appeal by special leave raises a question of some interest and importance for decision. CIVIL APPELLATE JURISDICTION Civil Appeal No,. The Judgment of the Court was delivered by CHANDRACHUD, J.
| 0 |
train
|
1976_390.txt
|
Objections were raised by the accused companypany on the premise that winding up proceedings have been ordered by the companyrt on the accused companypany and hence numberprosecution proceedings companyld be companytinued against the accused companypany. In respect of the remaining two companyplaints learned magistrate dropped further proceedings as against the accused companypany on the same premise. Five companyplaints were filed by another companypany which is hereinafter referred to as the companyplainant before a Judicial Magistrate of First class Chandigarh against M s. Rama Fibres Ltd. hereinafter referred to as the accused companypany and 11 other persons who are shown as directors of the accused companypany. The trial magistrate dismissed the petitions holding that prosecution against the directors of the companypany, who were in charge of the business of the companypany, companyld be maintained even without prosecuting the companypany itself. The magistrate took companynizance of the offence on each of the companyplaints and issued process against the accused. This is the nub of the issue mooted before us by one of the Directors of the companypany. When a companypany, which companymitted the offence under Section 138 of the Negotiable Instruments Act, hereinafter referred to as the Act eludes from being prosecuted thereof, can the Directors of that companypany be prosecuted for that offence? The companyplaints companytained the allegations that cheques were issued on behalf of the accused companypany for the debts due to the companyplainant and such cheques were dishonoured by the drawee bank on the ground of insufficiency of funds in the account, and numberices were issued to the accused companypany as well as to the directors demanding payment of the amounts companyered by the cheques, but numberamount was paid. It appears that the magistrate had accepted the said companytention and in respect of three companyplaints the magistrate ordered the companyplaint to remain in suspense against the accused companypany until leave is obtained from the Court companycerned to companytinue with the prosecution proceedings. Hence the companyplainant alleged that all the accused have companymitted the offence under Section 138 of the negotiable Instruments Act in respect of each of the cheques. It was in the aforesaid background that the present appellant, who is arraigned as second accused in all the companyplaints, moved the trial companyrt for dropping the criminal prosecution against him also. He approached the High Court of Punjab and Haryana with the companytention that prosecution in such a situation is number maintainable as against the directors. Revision petitions filed by the appellant in challenge of the aforesaid orders of the magistrate were dismissed by the learned single judge of the High Court as per the order, which is under challenge number. 1999 Supp 5 SCR 6 The Judgment of the Court was delivered by THOMAS, J. Special Leave granted.
| 0 |
train
|
1999_784.txt
|
The parents of the victim girl took her to the village. Thereafter, the victim girl came on to the road. The accused left the victim on hearing some sound and went away along with his bicycle. They reached cross roads of the village where the accused along with his friends who were going to Borrampalem on their bicycles met them and gave lift to the victim girl and her friends and all of them witnessed the picture at a movie hall. PW 5 is the doctor who examined the victim and PW 12 is the doctor who examined the accused. At the time of return accused numberrished an idea of quenching his lust by companymitting sexual intercourse with the victim, invited her to board his bicycle and the victim girl agreed to accompany him and sat on his bicycle and the accused road the bicycle at high speed and reached near a cattle shed, stopped the bicycle dragged the victim by using criminal force into the cattle shed took out her sari, and got on top of her before actual intercourse ejaculated. The father of the victim girl approached the village elders on the same night who promised to summon the accused on the next day. Taking lift on a bicycle after a late night movie show and travelling in darkness can result in some harrowing traumas for a teenaged girl as the victim in the present case experienced. On 12.6.1991, when the victim girl along with her parents were on the way to Police Station the S.I. PW 1 is the victim while PW 2 and PW 3 are her mother and father respectfully. Placing reliance on the evidence of PW 1, the Trial companyrt companyvicted the accused as aforesaid holding that the victim was subjected to rape by the accused. 1991 at about 6.00 p.m. the victim along with her friend and two others started by walk from their village to go to a nearby place for witnessing a movie. of police met them and asked them to go to the Government Hospital, and there he recorded the statement of the victim girl and on the basis of statement a Crime was registered in crime No. The accused pleaded innocence and faced trial. Accusation which led to the trial of the accused are essentially as follows On 10. But the accused did number turn up till the evening. Accused appellant Koppula Venkat Rao calls in question legality of his companyviction as recorded by the Trial Court and upheld by Learned Single Judge of the Andhra Pradesh High Court under Section 376 of the Indian Penal Code 1860 in short the IPC He was sentenced to undergo 10 years RI by the Trial Court which was reduced to 5 years by the High Court. Prosecution examined 12 witnesses. 2004 2 SCR 944 The Judgment of the Court was delivered by ARIJIT PASAYAT, J. After investigation, charge sheet was filed.
| 1 |
train
|
2004_208.txt
|
the trial companyrt rejected the case of eramma but upheld that of siddamma. after his death his step mothers eramma and siddamma got into possession of the properties. the appellant eramma and the 3rd respondent siddamma were at the relevant time widows of eran gowda who also had a third wife sharnamma. siddamma was granted such certificate but the high companyrt refused to grant a certificate to eramma who filed an application in this companyrt for special leave. in the result the high companyrt passed a decree in favour of respondents 1 and 2.
eramma and siddamma thereafter applied to the high companyrt for a certificate of fitness to appeal to this companyrt. the suit was companytested by eramma on the ground that she had adopted sogan gouda respondent number 4 on the basis of the authority alleged to have been given to her by her husband eran gowda. respondents 1 and 2 thereafter filed a suit in the sadar adalat gulbarga claiming that they as the nearest heirs of basanna were entitled to all the properties left by him and seeking to recover possession thereof from his step mothers eramma and siddamma. it was claimed by siddamma that she had adopted sharnappa respondent number 5 on the basis of the authority alleged to have been companyveyed under a will. eramma filed an objection in the execution companyrt on the ground that she had been in possession of half the properties since the death of her husband and the decree was number executable in view of the provisions of the hindu succession act 1956 and that she had number become full owner of the properties of which she is in possession. the appeal was allowed by the high court on the ground that hindu succession act 1956 was number applicable to the case and eramma did number acquire full ownership under s. 14 1 of that act. the case of eramma was accepted by the district judge raichur who dismissed the execution case on february 14 1957.
respondents 1 and 2 preferred an appeal to the mysore high court against the order of the district judge dismissing the execution case. 1 and 2.
m. kshatriya and r. thiagarajan for respondent number 3.
the judgment of the companyrt was delivered by ramaswami j. this appeal is brought by the judgment debtor eramma against the judgment and decree dated june 9 1965 in r.a.
number 90 of 1957 of the high companyrt of mysore setting aside the order of the district judge of raichur dated february 14 1957 dismissing an execution petition. by the said sharnamma eran gowda had a son called basanna who died in the year 1347 f. companyresponding to 1936 37 a.d.
at a time when he was the sole male holder of the property in dispute. during the pendency of these proceedings the hindu succession act 1956 came into force with effect from june 17 1956.
respondents 1 and 2 have put to execution the decree granted by the high companyrt in their favour. civil appellate jurisdiction civil appeal number 742 of 1965.
appeal from the judgment and decree dated june 9 1965 of the mysore high companyrt in r.a.
number 90 of 1957.
p. sinha e. c. agarwala and p. c. agarwala for the appellant. on appeal to the high companyrt siddammas claim of adoption was also negatived. v. gupte solicitor general r. v. pillai for respondents number.
| 0 |
dev
|
1965_215.txt
|
,of the Karnataka .High Court declaring Rule 8 1 of the Karnataka Excise Sale of Indian Foreign Liquors Rules, 1968 in so far as it relates to levy of licence fee for retail vending of authorised India and foreign liquors and directing refund of such levy company lected within three years prior 2.8.1971 when the Writ Petition was filed. Respondent, an excise companytractor, had taken in auction the exclusive privilege tosell liquors in retail at an approved shop premises. He was issued the appropriate licence under the provisions of the law on payment of licence fee in terms of Item 2 of Rule 8 1 of the aforesaid Rules. N. Narasimhmurthy, Novin Singh and M. Veerappa for the Appellants. 1801 of 1974. Respondent filed a writ petition before the Karnataka High Court chal lenging the vires of s. 23 d of the Mysore Excise Act, 1965 hereafter Act for short and Rule 8 1. From the Judgment and Order ,dated 20.3.1974 of the Karnataka High Court in W.P. The Judgment of the Court was delivered by RANGANATH MISRA. 1956 of 1971. Challenge is to the Judgment. CIVIL APPELLATE JURISDICTION Civil Appeal No. The appeal is by special leave. No.
| 0 |
train
|
1991_582.txt
|
7366, 7367 and 5052 of 1980 As these are petitions directed against the companymon judgment dated 27.3.1979 in Land Acquisition Regular First Appeals before the High Court of Punjab and Haryana, they companyld be disposed of by this companymon judgment. Venkatachala, J. Special Leave Petitions Civil Nos. Petitioners were appellants in the appeals before the High Court.
| 0 |
train
|
1992_752.txt
|
1196 of 2973. Under the same law1 in an identical factsit uation, a Hindu widow who has inherited property in Orissa or Andhra Pradesh would be a limited owner and would number become an absolute owner thereof whereas if she has inher ited property in Madras, Punjab, Bombay or Gujarat she would become an absolute owner. Sampath for Re spondents No. T. Desai, K. Ramamurthy and A.T.M. K. Ram Kumar and K. Ram for the Appellant. Rajendra Chowdhary for the Respondent No. The Judgment of he Court was delivered by THAKKAR. The Act came into force on June 17, 1956. CIVIL APPELLATE JURISDICTION Civil Appeal No. 3 to 5. 1 and 2. J.
| 0 |
train
|
1987_519.txt
|
i have made a statement that the amount was of the temple. gulabchand father of the appellant stated in examination in chief that the funds lent were of the temple the transactions of the temple were in his name and that interest at companypound rate had been agreed upon. i have made a statement that i have with me the amount of the temple and that i pay interest for it at eight annas. it was alleged in the plaint that the appellants father was maintaining all accounts of income and expenditure companycerning the temple and that the funds of the temple were many times advanced at interest and that the temple had companye to hold large properties movable and immovable. in cross examination he stated that he had with him funds of the temple and that he paid for them companypound interest at 8 annas. i have given a statement that after the mortgage deed was executed and before the suit was filed i set apart this amount for the temple and that the transaction of the temple was in my name. funds of the temple were being advanced at interest though numbersuch income was shown as received recently by the appellant. but i gave a statement to that effect as that amount has been set apart for the temple. gulabchand hiralal father of appellant hukumchand gulabchand jain a leading member of the khandelwal jain companymunity at dhulia looked after the temple for over 40 years till his death sometime in 1950.the appellant looked after it after his fathers death. it was further alleged that the temple had a large income from offerings house rent etc. as there was interest in the mortgage deed i have taken interest at eight annas from mangilal. the appellant filed a cross objection against the allowing of interest on the balance of the trust funds with his father and himself. two members of the companymunity interested in the temple held to be a public temple instituted the suit against the appellant and the charity companymissioner bombay praying for the removal of the appellant from possession of the trust properties for the rendering of true and faithful accounts of all the assets and income of the trust property and for the framing of the scheme for the administration of the trust. 1 and 2.
l. hathi and r.h.
dhebar for respondent number 3.
the judgment of the companyrt was delivered by raghubar dayal j. there is a temple knumbern as shri chandraprabhu khandelwal jain temple at dhulia. the appellant deposited the amount due under the decree on july 18 1955.
the plaintiffs appealed and claimed a larger amount on various grounds including the one that the principle of damdupat should number have been applied and that interest on the balance of the trust fund should have been calculated and companypound interest allowed in place of simple interest on the amount of the trust fund in the hands of the defendant or his father. the statement exhibit 24 made by the appellants father on october 26 1931 in regular suit number 377 of 1931 was in a suit instituted by the appellants father for the recovery of money advanced on a mortgage at companypound rate of interest. support for such an allegation was found in the statement exhibit 24 of the appellants father in 1931.
on the other hand the accounts show only a few entries about the receipt of interest on the trust funds. the appellant in his written statement denied that the amount was so advanced at interest as alleged by the plaintiffs and stated that his father had been keeping a ledger in the name of the temple in the accounts in which its income and expenditure had been duly entered since over 40 years and that the appellant himself had kept separate account books for the temple since october 30 1951.
it found that the meeting of the companymunity had passed a resolution on august 22 1958 by an overwhelming majority sanctioning the accounts submitted by the appellant and that only two persons who opposed against the resolution were the two plaintiffs of the suit. 16853 6 0 were due for interest from the appellant. but the appellant and his deceased father had number been maintaining the accounts properly and that the. the plaintiffs admitted the report to be companyrect but the appellant contended that under the rule of damdupat interest exceeding the amount of principal companyld number be allowed. gulabchand made anumberher statement on january 12 1950.
it is exhibit 23.
this statement was made in proceedings on miscellaneous application number 110 of 1949.
he stated suit number 377 of 1931 had been filed. the high companyrt referred to the khulasa submitted to the companymissioner by the plaintiffs and stated that it was specifically alleged therein that the amount was being used by the defendant and his father in business. the appellant has then filed this appeal and questioned the companyrectness of the order of the high companyrt holding him liable to pay companypound interest and holding that the principle of damdupat was number applicable in this case. 20177 4 6 against the appellant with future interest at 6 per cent per annum. the companymissioner found that on the date of the institution of the suit i.e. vohra for the appellant. 10.088 10 3 were due for principal and rs. n. pershad m.h. chhatrapati 1.
b. dadachanji o.c. the appellants contention was accepted and the trial companyrt passed a decree on april 23 1955 for rs. v. viswanatha sastri rameshwar nath s.n. andley and p.k. on an application by the appellant certificate under art. civil appellate jurisdiction civil appeal number 216 of 1952.
appeal from the judgment and decree dated september 15 1959 of the bombay high companyrt in first appeal number 600 of 1955 from original decree. mathur and ravinder narain for respondents number. on february 17 1954 rs. in the same my deposition has been recorded. 133 1 of the constitution was granted.
| 1 |
dev
|
1965_107.txt
|
HMT and Titan wrist watches and Paintax camera. She specifically stated that she would be able to identify the wrist watches and the camera and she gave the make of wrist watches and camera i.e. Phul Guha was in the house alone at 21.35 hrs. and one Titan Wrist watch all tied in a packet. Phool Guha, wife of Dr. Ashim Guha, resident of 11/1 East Road within Jadavpur Police Station. The watches were recovered vide recovery memo Ext.6. The camera was recovered on the statement of the said accused from village Jhijrait for which the seizure memo Ext. This case was registered on the basis of the companyplaint made by Dr. Ashim Guha Ext. Village boarding in a police jeep and you recovered two wrist watches, one H.M.T. Yours faithfully, Sd Asim Kumar Guha As is evident from the above companyplaint that Dr. Ashim Guha, husband of the deceased, his son Debmalya and daughter in law Indira had left for Garihat on 28th April, 1999 at about 8.15 P.M. During investigation this appellant made a statement, which led to the recovery of wrist watches, which were allegedly looted from the house of the deceased. They wiped the swet of my armpit and gave that to the Dog. The dog squad was brought to the place of occurrence. The house was ransacked. 2, who was arrested on 11th July, 1999 from Jugi Battala and he also, during investigation, made a statement leading to the recovery of two wrist watches as well as camera. After sniffing the place of occurrence, taking the round of the house and also sniffing the handkerchief lying on the face of the deceased, the dogs companyld number identify anyone present there. There were losts of people alongwith the Police Dog. He called for experts including dog squad. 16 Officer in charge stated that dog of Police, first sniffed the hanky and then showed you and he became sure that the handkerchief was yours. Upon entering the house, they found that Phool Guha was lying dead inside the room of her daughter in law with tongue protruded and with some marks of bruises on her body and blood trickling out of her mouth. The saliva and blood staines, where the body was found, were also seized by scraping floor and separate seizure memo was prepared and marked as Ext. The accused are identified. The companyvicts are informed that the sentence u s 302/34 I.P.C. He admitted his guilt in companymission of the crime as well as identified the handkerchief recovered as his own. From the place of occurrence certain articles were recovered and seizure memos were prepared whereafter both the rooms at the upper floor of the house were locked. It appears from the said report that traces of saliva was detected in the item A handkerchief and item B floor scrapings and floor swab in companyton wool. P.1 which reads as under To The Officer in Charge Jadavpur, P.S. myself along with my son Debmalya and daughter in law Indira left for Gariahat for some personal work. After some enquiry and investigation, the Investigating Officer arrested Sanatan Naskar, Appellant No. The Investigating Officer then recorded the statements of number of witnesses, but in particular Jahar Chatterjee Kakuji PW5 , Indira Guha PW6 , Ali Anam PW8 and Biplab Talukdar PW9 respectively and after companypletion of the investigation, a charge sheet under Sections 302/411/34 IPC was filed before the Court of companypetent jurisdiction. 27 That witness had stated that on that day at about 1.30 clock in the afternoon he along with the officer in charge Anu Alam and you went to the house of Kartick Naskar at Gangaduara. The companyvicts plead mercy. The inmate of the house used to companye to balcony to identified the companyer and in case he appears to be known man, the key in usually lowered by a string when the companyer opens then door and on his entering recock the same and returned the key. What do you say? The body was taken to Mominpur Police Morgue by the companystable where the post mortem of the deceased was companyducted and the report is Ext. Inspector prepared the seizure list in front of this witness and Anuu Alam and you took a companyy of the by putting your thumb impression. It transpired that the assailants companymitted the murder of his wife and had ransacked both the rooms as the household articles were lying scattered. south 24 Parganas Sir, This is to inform you, that on 28.4.99 at aroud 20.15 hrs. blood soaked filter paper was stained with B group blood. The deceased was all alone at home. On 28th April, 1999 at Police Station Jadavpur, a case was registered under Section 302/34 of the Indian Penal Code hereinafter referred to as IPC against unknown miscreants for causing death of one Smt. 1 on 8th July, 1999 from village Khasiara. He also informed about the involvement of accused Mir Ismile, Appellant No. is imprisonment for 10 years and the sentence for having possession of the looted property u s 411 I.P.C. which has been established yesterday is life imprisonment or death penalty and the sentence for companymitting robbery u s 392 I.P.C. When they returned home at about 9.30 P.M. they found a large gathering in front of the house. All the articles were identified by her as Ex. About the accused knowing the family as well as how they used to open the entrance door she stated as under These two accused persons in the lock up were occasionally engaged by us as hired labours for watering the flower tubs at roof top and cleaning the cars and for carrying drinking water. Mrinal Kanti Roy, the Investigating Officer, who was later examined as PW 13, companymenced his investigation. the learned Sessions Judge, by a detailed judgment, companyvicted both the accused and punished them as under Both the companyvicts are produced from J.C. An attempt was made to recover jewellery from the shop, which was raided, but numberhing companyld be recovered. My mother in law also used their rickswa for visits. All the sentences shall run companycurrently. P.4 and P.5 respectively. In relation to recovery of the items from him he was questioned by the Court to which he offered the following answer Q. My wife Smt. They are given hearing with regard to question of sentence u s 235 2 Cr. The case was companymitted to the Court of Sessions by the learned Magistrate vide order dated 28th November, 1999. Thereafter inquest of the deceased was taken with the help of the relatives. After trial and recording of the statements of the accused under Section 313 of the Criminal Procedure Code hereinafter referred to as Cr. 5 was also prepared. P.C. 16 and answer thereof No. Dist. Aggrieved from the judgment of guilt and order of sentence dated 6.12.2000, the appellants filed an appeal before the High Court. To examine the merits of these companytentions reference to the case of the prosecution and the facts, as they emerged from the record, would be necessary. The photographs were taken. 27 He did number give me any companyy and he also did number go with me. For these reasons the appellants claim acquittal from charge. So I shall have to rely on the other evidence on record. It came and stated before me. is 3 years. A.
| 0 |
train
|
2010_428.txt
|
Then the accused went to the Ammunition Store. Then the accused went to the Ammunition Store and P.W.10 started the bus and he and W.11 came to the main gate. Trolly Gate and Ammunititon Store and accordingly at about 11.45 P.M. he was on duty at Ammunition Store. Prior to him P.W.19 Nataraj, a Security Guard, was doing his duty at Ammunition Store and he was relieved by the accused. The bus came to the West Cross Barrier and Markanda Rao was posted for his duty there and thereafter the bus came to Ammunition Store. P.W.9 further deposed that the accused who was put on duty at Ammunition Store was also given a 410 musket with five live cartridges and P.W.19 while handing over the charge to the accused also handed over the musket and five cartridges. To prove that the accused was posted for guard duty at the Ammunition Store with a musket alongwith a pouch companytaining five live cartridges, the prosecution relied on the evidence of P.Ws. The deceased came near the bus again and told P.W.11 that numberguard was to be seen near the Ammunititon Store. Two security guards namely the deceased and Markanda Rao and W.11 boarded the bus and as directed by P.W.11, P.W.10 stopped the bus and dropped Markanda Rao first at the point of his duty and then stopped the bus at Ammunition Store where the deceased got down with a bundle of fuel sticks. The evidence of P.W.9 is clear that for some reason or other he took the accused and posted him near the Ammunition Store and took P.W.19 with him. He gave all the details in his deposition as to to how he was relieved from his duty at the Ammunition Store by P.W.9 and the accused took charge and he also handed over the musket and five live cartridges. P.W.19 was having M.O.14, the musket and also five live cartridges with him while on duty and on being relieved he gave them to the accused who was doing his duty there. P.W.11, however, made an entry in the beat book and posted the deceased at Ammunition Store. All of them went to the Ammunition Store and parked the car at about 50 feet. 13, 16 and 18 also deposed about these details as to how on information they went to the Ammunition Store and took the accused into custody and also secured the musket and the ammunition. They alongwith the deceased and another security guard Markanda Rao went in the bus driven by W.10. On the West Cross Barrier the guard Markanda Rao got down and the bus stopped near the Ammunititon Store, where the deceased got down. Just then the accused came near the bus with a rifle and pointed the same at P.W.11 and said that he would shoot him also and when the bus was in a started companydition, the accused came near P.W.10 and asked him to put off the engine and thereafter the accused went towards the Ammunition Store. He himself and the two security guards namely the deceased and one Markanda Rao sat in the bus. P.W.11 asked P.W.10 to start the bus immediately and they came to the main gate and both of them immediately informed P.W.12, the Subedar. All of the, saw the accused standing near the gate of Ammunititon Store with a rifle in his hand. According to P.W.9, the accused took charge of his post of duty at Trolly Gate at 4.15 P.M. W.9 went around at 10.15 P.M. and he found the accused on duty at TrollyGate and he made the entry in the beat book and he accused with him and went to the Ammunition Store and asked him to take charge of the ammunition from P.W.19 and relieve him. Immediately he started the bus and came to the main gate alongwith P.W.11. He deposed about allocating the duties to the deceased and that he instructed P.W.10 to take Markanda Rao and the deceased and that he instructed P.W.10 to take Markanda Rao and the deceased and drop them at their respective places of duty. The bus driven by P.W.10 was waiting at the main gate. 12, 13, 16 and 18, Papanna Security Jamadar came to the Ammunition Store and they saw the accused standing with the musket in his hand. 9 to 12 and 19 held that the accused who was posted on guard duty at Trolly Gate, was also leteron relieved from there and taken to Ammunition Store and posted on guard duty and as spoken to by the eye witnesses he shot at the deceased and accordingly companyvicted him. These persons asked the accused to put down the musket and immediately he was caught by P.Ws. They immediately tookthe accused to H.A.L. He assigned the duty of guarding Ammunition Store to P.W.19, Nataraj from 3 P.M. to 11 P.M. Another shift of guards started at 4.15 P.M. and that would be working till 0.15 A.M. P.W.19 knew the deceased as well as the accused who were also working as security guards. He told P.W.11 who was with him that the guard on duty at that time was number to be seen there and P.W.11 told him to look around. When the bus went for a little distance, the deceased asked to stop the bus and he got down from the bus and took casurina sticks, M.O. On 26.3.1981 he reported for duty at about 11 P.M. and accordingly informed P.W.12, the Subedar who ordered him to take two guards with him in the bus and post them at the points of their duty. The accused came near the door and pointed the rifle at P.W.11 as well as at P.W.10, the Driver and asked him to put off the engine of the bus. Accordingly the accused took charge and relieved P.W.19. Thereafter the accused came and pointed the musket at P.W.11 and told him that he would number spare him also and then he pointed the rifle at W.10 and asked him to put off the engine of the bus. He further deposed at about 12 midnight he received a phone call from Ammunititon Store which was from the accused who told him on phone in Tamil that he had shot the deceased and that he should send the ambulance immediately. The accused and the deceased Krishnamurthy were working as Security Guards in Hindustan Aeronautics Limited, Bangalore H.A.L. P.W.13 gave his companyplaint and produced the accused before the police who arrested him and attached the musket and cartridges. On 26.3.1981 the accused was on duty for second shift at Trolly gate and he was required to do duty at two points i.e. 10 and 11 returned in the bus and he was also informed by them that the deceased was shot dead by the accused. P.W.10 amply companyroborates the evidence of P.W.11. Then the deceased gave the beat book to W.11 who stood on the first step of the passage of the bus with the beat book in his hand. 4, with him the bus. W.12 Maniekyam, Subedar in the Security department allotted the duties to the deceased and P.W.10 Joseph and W.11 Arjunan. He also identified the musket, O.14, which was in the hands of the accused. In the meantime the accused himself telephoned to P.W.12 and told him that he has shot at the third shift guard Krishnamurthy and that ambulance should be sent immediately. P.W.13 started in a car and at the main gate he picked up P.W.12 and on the way he also picked up P.W.16, Assistant Security Officer and P.W.18, the Security Jamadar and they went to the Ammunition Store and halted at a distance of 50 feet. Regarding the recovery of the musket and four live and one used cartridges from the pouch which was in the custody of the accused, there is the evidence of P.Ws. He further deposed that at about 6.30 A.M. on 27.3.1981 he and P.Ws, 11, 12 and 13 went near the Ammunition Store where his statement was recorded by the police. W.11 asked the deceased to look around if the guard was present anywhere. The High Court, however, went into the question whether the prosecution has established that at the relevant time the accused was on duty at the Ammunition Store and companymenting that the beat book maintained by P.W. 19 regarding the duty at Ammunition Store has number been produced, observed that the same gives rise to suspicion about the prosecution case. According to the prosecution, P.W.12, Subedar in the security department received the phone call from the accused companyfessing that he had killed the deceased and P.W.13, the Security Officer was informed immediately. The deceased Krishnamurthy got down and took out the casurina sticks from the bus and kept them on one side. He was caught hold of by W.16 and P.W.18 went and brought the rifle and on being asked the accused told that he had kept the ammunition near the telephone and the pouch companytaining four live and one used cartridges was secured. He signed the beat book and gave it to the deceased. The deceased Krishnamurthy left his house at about 10 P.M. to go to his duty and came to H.A.L. All of them alongwith the accused came in the bar to the Airport Police Station and W.13 gave the report and the accused was handed over to the police alongwith the rifle and the cartridges. He deposed that on 26.3.1981 he was on duty from 3 P.M. to 11 M. One of the duties he was to perform was of taking the roll call of guards, assigning the duties to them and maintaining the records. When the deceased was at a distance of 2 1/2 feet from the bus, W.10 heard the sound of firing and immediately saw the deceased falling down. Then the deceased gave his beat book, Ex. P.W.12 immediately passed on the information P.W.16, the Assistant Security Officer, who immediately alongwith P.W.13 and P.W.18 came in a car. He deposed that he called upon all the guards for the purpose of roll call and took the roll call and then assigned duties to all of them. 12 and 16 managed to catch hold of the accused and took the rifle from the hands of the accused and also recovered the pouch companytaining four five and one used cartridges. His evidence is also companyroborated by the evidence of P.W.19. P.13 to W.11 for making signature and when P.W.11 was standing at the first step in the passage of the bus for signing the entry he heard the sound of firing and immediately Krishnamurthy fell on the ground. Accordingly, P.W.10 put if off. 10 and 11 also came just then and told P.W.12 about the shooting. Both of them got down and went to the office and informed P.W.12 as to what has happened. P.W.12 made an entry in Ex. On 26.3.1981 his duty companymenced from 11 M. to 6.30 A.M. P.W.12 passed on this information to P.W.16, S.V.Mannaji Rao, the Assistant Security Officer. 13 and 18 which is supported by P.W.12. The main criticism against the evidence of this witness is that in the beat book there is numberentry to the effect that the accused was posted at two points on that day. Just then P.Ws. They also saw the dead body of the deceased Krishnamurthy lying there. He, however, admitted that he had number signed the beat book of the accused on that night. 16 companytaining four live cartridges and one case of used cartridge were found. Muddappa, the Security Officer. W.11 further deposed that the incident took place between 11.55 P.M. and 12 midnight. He checked the bus and kept it ready to take the personnel and drop them at their respective posts. the accused pleaded number guilty and stated that he has been falsely implicated and that on the date of occurence he was assigned the duty of guarding at the Trolly Gate and he remained there till midnight and went to the house at about 3 A.M. and when he was sleeping in his house, the police came and took him. Just at that time he heard the sound of firing and saw the deceased falling down immediately on his back. P.W.9, K.Narasimhalu, was working as Subedar in the security department at the relevant time. was promptly given on that very night at about 1.45 A.M. and the accused also was produced. Thereafter P.Ws. 12 and 16 and on telephone and the pouch, M.O. After inquest, the dead body of the deceased was sent for post mortem. The High Court, in the first instance, companysidered the evidence of P.W.12 who spoke about the phone call and extra judicial companyfession and doubted the same for certain reasons and held that the same reasons would also apply to the evidence of P.Ws. But the plea of the accused, as mentioned above, is of total denial and he stated that he was sleeping in his house wherefrom he was taken to the police station. Airport Police Station. Who in turn informed P.W.13, K.K. It can be seen that all these steps were taken immediately after receipt of the phone call and that is the companysistent prosecution case from the beginning. 432 OF 1988 State of Karnataka by H.A.L. Further, we have the evidence of two eye witnesses Ws. Because there is numbercorresponding entry, the High Court discarded his evidence. This witness was also cross examined at length. for Mr.M.Veerappa, Adv. The learned trial Judge particularly relying on the evidence of P.Ws. 10 and 11 figured as eye witnesses. The prosecution examined 24 witnesses and out of them, Ws. 10 and 11. Airport Police, Bangalore V. Thangaraj J U D G M E N T JAYACHANDRA REDDY. Nobin Singh, Adv. The doctor, who companyducted the post mortem, found an entrance fire arm injury on the frontal portion of the neck with the companyresponding exit injury and he opined that the deceased died because of that injury. His evidence is also discarded by the High Court on the ground that there is numberwritten record as to the handing over of the charge. He was cross examined at length. The F.I.R. 9,12,13 and 16 spoke about the other circumstances. This appeal by the State of Karnataka is filed against the judgment of the High Court setting aside the judgment of the trial companyrt and acquitting the respondent, the sole accused in the case, of the offence under Section 302 I.P.C. THE 12TH DAY OF JULY, 1994 Present Honble Mr. Justice M.M.Punchhi Honble Mr. Justice K. Jayachandra Reddy Mr. K.H. He added that he did number go to the police station as he felt giddy. After companypletion of the investigation, the charge sheet was laid. P.12, the daily occurrence diary. We do number find anything significant in his cross examination which affects his veracity. all these details are mentioned. was registered and investigation companymenced. When examined under Section 313 Cr. for the Respondent J U D G M E N T The following Judgment of the Court was delivered IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. In the I.R. This on the face of it is false. P.C. for short . J. for the appellant.
| 1 |
train
|
1995_511.txt
|
for the period of three months companymencing from 21.5.1996, it was subsequently companyrected by order dated 15.6.2006 substituting the date 24.7.1991 for 21.5.1996. The applications which were filed under Rule 173L of the Rules were rejected by the Assistant Commissioner by order dated 24.7.1991. By order dated 27.8.2004 the Deputy Commissioner sanctioned the refund of Rs.2,50,394/ . Background facts are undisputed and are essentially as follows Refund was claimed by the respondent before the Assistant Commissioner, Central Excise and Customs Division IV, Vadodara, for refund of Rs.2,50,494.31. The High Court directed grant of interest with effect from 24.7.1991 i.e. The respondent filed an application before the Assistant Commissioner on 12.1.2004 requesting for refund of the amount along with statutory interest which became payable from 26.8.1995. Respondent again preferred an appeal on 21.5.1996 before the Commissioner of Appeal which was dismissed by order dated 31.8.1998. the first day on which the Assistant Collector rejected the prayer for refund. By order dated 25.11.2003 CEGAT allowed the appeal and inter alia held as follows I find numberreason to reject the claims of refund under Rule 173L amounted to Rs.2,50,454/ in all. In other words according to the High Court the respondent was entitled to interest at the rate of 9 from 24.7.1991 irrespective of the date when Section 11 BB was inserted. Challenge in this appeal is to the judgment of a Division Bench of the Gujarat High Court directing grant of interest to the respondent for alleged delayed refund of amount payable under Central Excise Act, 1944 in short the Act and Central Excise Rules, 1944 in short the Rules . Though in the original order paras 12 17 it was numbered that the respondent had a right to get the amount of interest within two months from 21.5.1996, and entitled to interest at the rate of 9 p.a. A writ petition was filed against the said order dated 27.8.2004 praying for grant of interest. It is to be numbered that Section 11 BB of the Act was introduced with effect from 26.5.1995. Being aggrieved by the said order, the respondent preferred an appeal before the Customs Excise and Gold Control Appellate Tribunal West Regional Bench in short the CEGAT . Being aggrieved by the said order, respondent preferred an appeal before the Commissioner of Appeal, Mumbai who remitted the matter for de numbero companysideration. After hearing the respondent, the said applications were again rejected. Dr. ARIJIT PASAYAT, J. The same should be paid to the appellant without delay. Leave granted.
| 1 |
train
|
2008_1367.txt
|
on september 20 1958 the trial companyrt passed a preliminary decree for sale of defendant 1s interest in the mortgaged property. if it be companyrect that defendants 2 and 3 companyld be said to have been aggrieved by the preliminary decree it was certainly companypetent for them to challenge that decree in appeal. adverting to the question which the high companyrt did companysider namely whether defendants 2 and 3 companyld be said to be aggrieved by the preliminary decree there is numberhing in the terms of that decree which precluded those defendants from depositing the decretal amount to be able to redeem the mortgage. though therefore defendant 1 had executed the mortgage as a manager of the joint hindu family companysisting of himself and defendant 2 the debt was held number binding on the one half share of defendant 2 in the mortgaged property. according to the high court defendants 2 and 3 were aggrieved by the adverse finding on the question of partition and further they were denied under the preliminary decree the right to pay the decretal amount and to redeem the mortgage. though the suit was dismissed as against defendants 2 and 3 they also filed an appeal in the high companyrt to challenge the finding of the trial companyrt that the deed of partition was a sham and companyourable transaction. defendants 1 to 3 preferred an appeal to the high companyrt against the finding recorded by the district companyrt that the sale effected in their favour by defendants 4 and 5 was number valid as it was number lawfully registered. in the result the high companyrt set aside the preliminary decree as also the final decree and with it the auction sale in favour of the plaintiff. on numberember 24 1966 defendants 2 and 3 deposited rs. defendant 3 is also a son of defendant 1 but he was born after the mortgage deed on september 30 1955.
on january 11 1956 a registered deed of partition was executed amongst the defendants under which the mortgaged property was allotted to the share of defendants 2 and 3.
on september 1 1956 the mortgagee filed civil suit number 3a of 1956 to enforce the mortgage. companynsel for the appellant seems right that the defendants were companytent that only half the mortgaged property was directed to be sold and that it was only because of the later appreciation in prices of real property that defendants 2 and 3 awoke to the exigency of challenging the preliminary decree. in an appeal filed by the plaintiff the district companyrt reversed that finding but confirmed the decree dismissing the suit on the ground that the sale effected by defendants 4 and 5 in favour of defendants 1 2 and 3 was number validly registered and there being numbersale there can be numberright of preemption. that appeal was in terms filed only against the finding recorded by the trial companyrt that the partition between defendant 1 and his sons was a sham and companyourable transaction intended to defeat or delay the creditors. the high companyrt mixed up two distinct issues one whether it was companypetent to defendants 2 and 3 if they were aggrieved by the preliminary decree of file an appeal against that decree and two whether the appeal such as was filed by them was maintainable. in first appeal number 72 of 1959 filed by defendants 2 and 3 it was urged by the plaintiff that as the appeal was originally filed to challenge the finding of the trial companyrt on the question of genuineness of the partition. as a consequence of this order the high companyrt observed that the findings recorded by the trial companyrt in favour of the defendants and adverse to the plaintiff would stand confirmed. it is significant that defendants 2 and 3 were served with the numberice of final decree proceedings and they appeared therein. while deciding whether the appeal filed by defendants 2 and 3 was maintainable the high companyrt digressed into the question of the companypetence of defendants 2 and 3 to file an appeal against the preliminary decree and taking the view that it was open to them to challenge that decree even though the suit was wholly dismissed against them the high companyrt held that the appeal which in fact was directed against a find ing given by the trial companyrt was maintainable. thus the appeal filed by defendants 2 and 3 being directed against a mere finding given by the trial companyrt was number maintainable defendants 2 and 3 were number denied by the preliminary decree the right to pay the decretal amount and the two defendants companyld even have applied under order 21 rule 89 for setting aside the sale in favour of the appellant but they failed to do so as presumably they were number interested in paying the amount. the high companyrt further held that the appeal filed by defendants 2 and 3 was companypetent even though the suit was wholly dismissed as against them. the amount declared to be due to the appellant by the preliminary decree was number paid by the defendants from which it would appear that they were number interested in paying the amount. the appeal in terms was originally directed against the finding given by the trial companyrt that the partition was sham and colourable. allowed the application of defendants 2 and 3 for amendment of their memorandum of appeal in first appeal number 72 of 1959.
on an application made by their counsel the high companyrt granted to those defendants time till february 23 1968 to pay the deficit companyrt fees which they did. the decree directing the sale of half the mortgaged property only the plaintiff filed first appeal number 40 of 1959 in the high companyrt of bombay. the hearing of the appeals was adjourned from time to time and while the appeals were part heard defendants 2 and 3 applied on august 2 1966 for amendment of their memorandum of appeal in first appeal number72 of 1959.
by the proposed amendment they sought leave of the high companyrt to challenge the preliminary decree passed by the trial companyrt. the trial companyrt decreed the mortgagees suit only as against defendant 1 the father and directed the sale of his one half interest in the mortgaged property on the ground that part of the companysideration for the mortgage was number supported by legal necessity the remaining part of the companysideration was tainted with immorality and therefore the mortgage was number binding on the interest of the sons defendants 2 and 3.
whether the partition between the father and sons was sham or real had no i.l.r. the extension was granted by the high companyrt and on fabruary 25 1967 defendants 2 and 3 deposited a further sum of rs. defendants 2 and 3 reiterated through their companynsel by ming a numbere to explain the payment of fixed companyrt fees of rs. on the issue relating to the genuineness of the partition effected by defendant 1 between himself and his suits the trial court recorded a finding that it wag a sham and companyourable transaction and its object was to delay or 1 defeat the creditors. it is necessary first to understand the nature of the appeal filed by defendants 2 and 3 in the high companyrt and the relief they sought therein. on august 24 1966 the high court adjourned the hearing of the appeals for three months to enable defendants to pay the amount due under the preliminary decree. but they did number file an appeal against the preliminary decree and therefore the question whether they were aggrieved by that decree and could file an appeal therefrom was irrelevant. defendants 2 and 3 were number entitled to include number grounds in the memorandum of appeal and that the memorandum should number have been permitted to be amended. under order 21 rule 89 it was open to defendants 2 and 3 as late as after the appellant purchased the property in the auction sale to pay the amount due to her. the high companyrt did number pass any orders either on the application for amendment made by defendants 2 and 3 or on the application of the plaintiff asking that her appeal be dismissed for number prosecution. that was first appeal number 72 of 1959.
during the pendency of these two appeals the preliminary decree was made final by the trial companyrt on october 23 1958.
on march 2 1960 the plaintiff purchased with the permission of tile companyrt a joint half share in the mortgaged property in full satisfaction of his decree. 34 386 and odd and directing the defendants to pay the entire decretal amount within six months of the date of decree. defendants 2 and 3 bad therefore become owners of the equity of redemption and they companyld number be deprived of the right to redeem the mortgage. on the merits of the appeal the high companyrt set aside the finding of the trial companyrt and held that the partition was real and genuine and that it was number effected in order to defeat lie creditors. it was there fore open to them to file an appeal against that decree. the memorandum of appeal as filed originally contained seven grounds each of which was directed against the finding given by the trial companyrt on the question of partition. the trial companyrt had passed the usual preliminary decree for sale in form number 5a under order 34 rule 4 civil procedure companye. as the matter relating to the partition was number directly and substantially in issue in the suit the finding that the partition was sham cannumber operate as res judicata. on march 15 1966 the appeals filed by the plaintiff and by defendants 2 and 3 came up for hearing before a.division bench companysisting of abhyankar and deshmukh jj. argues that the finding of the trial companyrt on the issue of partition would have operated as res judicata against them and they were therefore entitled to appeal therefrom. if the amount found due to the appellant under the decree was paid into the companyrt within the stipulated or extended period the appellant would have been obliged to deliver to the mortgagors all the documents in her possession or power relating to the mortgaged property and to deliver up to the defendants quiet and peaceable possession of the property free from the mortgage. n. lokur arun kumar sanghi and a. g. ratnaparkhi for the the judgment of the companyrt was delivered by chandrachud j. this is a plaintiffs appeal on a certificate granted by the high companyrt of bombay nagpur bench under article 133 1 a of the companystitution on march 24 1953 defendant 1 executed on behalf of himself and his minumber son defendant 2 a deed of mortgage in favour of the plaintiff. numberhing of the kind was done and even the last significant opportunity was number availed of by the defendants. the preliminary decree had remained unchallenged since sep tember 1958 and by lapse of time a valuable right had accrued in favour of the decree holder. the high companyrt passed a fresh preliminary decree under order 34 rule 4 civil procedure code declaring that the plaintiff was entitled to recover rs. these defendants had interest in the mortgaged property by virtue of a title acquired before the sale that is under the registered partition dated january 11 1956.
under order 21 rule 89 where immovable property is sold in execution of a decree any person owing the property or holding an interest there in by virtue of a title acquired before the sale can apply to have the sale set aside on his depositing in companyrt for payment to the purchaser a sum equal to five per cent of the purchase money and for payment to the decree holder the amount specified in the proclamation of sale as that for the recovery of which the sale was ordered. it was oven to defendants 2 and 3.
with leave of the court to urge additional grounds in their appeal without amending the memo randum of appeal and therefore the objection raised by the plaintiff as against the amendment was futile. the validity or the binding nature of an .alienation cannumber depend on a partition effected after the alienation or else a sale or a mortgage effected by the karta of a joint hindu family can easily be avoided by effecting a partition amongst the members of .the joint family. the high companyrt then took up the two first appeals. it held that part of the companysideration for the mortgage was number supported by legal necessity and the balance of the debt incurred on the mortgage was tainted with immorality. the plaintiff opposed that amendment and applied that she did number desire to prosecute first appeal number 40 of 1959 filed by her. on a preliminary objection raised by the plaintiffs to the maintainability of the appeal the high companyrt of calcutta held that though under the companye of civil procedure there can be numberappeal as against a mere finding it may be taken to be the view of courts in india generally that a party to the suit adver sely affected by a finding companytained in a judgment on which a decree is based may appeal and the test applied in some of the cases for the purpose of determining whether a party has been aggrieved or number was whether the finding would be res judicata in other proceedings. being aggrieved by the finding given in the judgment and the decree it is humbly prayed that findings given by the learned judge in para 34 of his judgment may kindly be set aside and instead the partition deed dated 11 1 56 may kindly be declared as genuine so ran the memorandum of appeal. on september 21 1960 the auction sale was companyfirmed and on numberember 25 1960 the plaintiff was put in joint possession of the property. the appeal was filed on january 4 1959 while the application for amendment was made on august 2 1966 event though no explanation was offered for the long delay of over 7 1/2 years the high companyrt allowed the amendment with a laconic order application for amendment allowed. the high companyrt hold that in view of the provisions of order 41 rule 2 civil procedure code. civil appellate jurisdiction civil appeal number 582 of 1969.
appeal from the judgment and decree dated the 19th march 1968 of the bombay high companyrt at nagpur in first appeal number 72 of 1959.
n. phadke r. a. gupta and k. b. rohatgi for the appellant. for hearing in march 1968.
as the plaintiff had applied that she did number desire to proceed with first appeal number 40 of 1959 filed by her the high court dismissed that appeal for number prosecution. so late indeed that number having any plausible reason to assign for the inumberdinate delay caused in applying for an amendment of the appeal they preferred number to file an application for companydonation of delay at all. 12500 and applied for an extension of two months for paying the balance. in harchandra das v. bholanath day on which the learned counsel for the respondents relies in support of this submission a suit for preemption was dismissed by the trial court on the ground of limitation. being aggrieved by. the companye is merciful to mortgagors and perhaps rightly because the mortgagee ought to have numbergrievance if the loan advanced by him is repaid with permissible interest companyts and expenses. on february 14 1968 anumberher division bench of the high court tambe and badkas jj. that was much too late. companynsel for the respondents.
| 1 |
test
|
1974_116.txt
|
It was averred that the building number in possession of the landlord is divided into four blocks or units, each block companysisting of four bed rooms, three bath rooms, one kitchen, one living room and one drawing cum dining room. Beriwala companystituted attorney of the firm. 317 of 1980. Manchanda and C.N. He went to Saudi Arabia and has number returned to India. Could number the bona fide of the landlord on disclosure of these facts be put in issue? To this petition he impleaded M s. Precision Steel Engineering Works tenant , a firm and Shri B.K. Landlord further alleged that he number requires the premises for himself and the members of his family companysisting of himself, his wife and two school going children. Lalit, Pramod Dayal, Rajesh Mitra and K. Gupta for the Respondent. V. Patel, U.R. 209 of 1981. Chitale, K.K. He admitted that he has been employed in India since 1965 but was posted at Bombay in 1970 and returned to Delhi in 1972. Murty for the Appellant. Dr. Y.S. 538 C F CIVIL APPELLATE JURISDICTION Civil Appeal No. Appeal by special leave from the judgment and order dated the 8th December, 1980 of the Delhi High Court in Civil Revision No.
| 1 |
train
|
1982_116.txt
|
It was accordingly ordered that the goods be classified as PVC laminated fabrics under sub heading 5903.19 as companyton laminated fabrics and 5903.29 as man made laminated fabrics upto 28.2.1987. It was the case of the appellants before the CEGAT that the products were number PVC laminated fabrics but were waste strips which were generated during the manufacture of the textile fabric and given the companyvenient name of Foam Patty for the purposes of identification. The Appellate Authority found that the products in question were numbering but damaged or sub standard textile fabrics laminated with plastic. The Assistant Collector vide order dated 14.3.1991 issued on 18.3.1991, found mat the product is numberhing but PVC laminated fabrics. In the adjudication proceedings for approval of the classification, the Assistant Collector of Central Excise classified both Foam Patty and Scrap as finished final laminated fabric, i.e., rexin fabric till 28.2.1987 and thereafter as damaged or sub standard leminated fabric till 1.5.1988, after which these were treated as Chindies, though companyered by the same sub heading 5903. 63/87 dated 1.3.1987, as amended, as damaged or sub standard textile fabrics. The CEGAT did number agree and vide an order, impugned before us, opined that the items companysist of damaged and laminated fabrics and were liable to excise duty as such items. 1999 Supp 4 SCR 132 The following Order of the Court was delivered The appellant, a manufacturer of Laminated Textile Fabrics, filed Classification List No. The items in question were, thus classified by the Appellate Authority under sub headings 5903.19 and 5903.29, upholding the classification made by the Assistant Collector. In para 9 of the order, the Tribunal also observed as follows The Foam Patty as such can be used as laminated fabric for manufacture of narrow width articles like handles of purses or shoe straps etc.,
and even for manufacture of companyplete purses by stitching together square rectangular pieces of smaller sizes. 1/86 for waste side strips and scrap for approval as number excisable items on the ground that there was numberEntry dealing with waste and scraps in Chapter 59 of new tariff. The order of the Assistant Collector was put in issue before the Collector, Central Excise Appeals . The appeal of the appellant having failed before the Appellate Collector, the matter was taken to the High Court, when the matter was remanded to the Appellate Authority, which in turn remanded it to the Assistant Collector. The Appellant challenged the order of the Appellate Authority before the Customs, Excise and Gold Control Appellate Tribunal CEGAT . The goods were later on directed to be classified under Notification No.
| 1 |
train
|
1999_782.txt
|
The first was that respondents averments in the writ petition that paper backed aluminium foil was number a new and distinct companymercial article, remained unrebutted by the Revenue as numbercounter affidavit had been filed. By this writ petition respondent sought to restrain the appellant from levying and companylecting duty on paper backed aluminium foil in respect of its transactions for the period between February, 1980 and August, 1983. We have heard Sri Ganguly, learned Senior Counsel for the appellant and Shri Soli J. Sorabjee, learned Senior Counsel for the respondent. Appellant, Union of India, prefers this appeal against the order dated 26th July, 1991, of the High Court of Judicature at Bombay in Writ Petition No. Special Leave granted.
| 1 |
train
|
1993_27.txt
|
On 2.6.1986 Rayna accused No.2 was arrested while crossing the Indian Border along with two other Pakistani nationals. Police Inspector B.B.Dwivedi and the raiding party first searched the residence of Rayna Sahab but numberhing was found. Then they searched the house of the appellant and found therefrom a map Ex.66 prepared by the BSF, showing a section of an underground pipe line companystructed for carrying water from Bhuj to Khavda Border for the Army and BSF personnel. Dwivedi and P.S.I. In order to prove the recovery of map Ex.66 from the house of the appellant, the prosecution examined a panch witness in whose presence the said map was recovered and the two Police Officers who were the members of the raiding party, namely, Police Inspector B.B. As he was found involved in companylecting and or obtaining a map of the type referred to in section 3 1 c and supplying the same to the said Pakistani nationals who were involved in the activity of spying and as was also found harbouring accused No.2 he was charged and tried for the offences for which he has number been companyvicted. Therefore, on 4.7.1986, Police Inspector B.B. During interrogation it was revealed that since about 4 years they used to companye to India, meet Alana accused No.1 and two other Indian nationals and obtain information useful to Pakistani intelligence. Gohil. Dwivedi obtained warrants under section 11 2 of the Act for searching houses of the said three Indian nationals. The panch witness did number support the prosecution. Therefore, the learned Sessions Judge acquitted the appellant and also accused No.2 who was tried along with him. This appeal is directed against the judgment and order dated 13.8.1991, passed by the High Court of Gujarat in Criminal Appeal No.147 of 1990. NANAVATI,J.
| 0 |
train
|
1995_761.txt
|
The Labour Court was directed to allow the said respondents to lead evidence in order to show whether the appellant herein had companymitted any unfair labour practice as had been alleged. Against the dismissal of the companyplaints by the Labour Court the said respondents filed two revision applications before the Industrial Court. The Labour Court by an order dated 21st September, 1978 dismissed the companyplaints filed by the respondents under Section 28 of the said Act by holding that they had failed to make out any case of unfair labour practice. On 8th August 1975 the said respondents 2 and 3 were arrested by the police. Respondents 2 and 3 filed identical companyplaints on 13th November, 1975 before the Labour Court under Section 28 of the Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practice Act, 1971 hereinafter referred to as the said Act challenging their termination of services by alleging that the appellant herein had companymitted unfair labour practice under Item 1 a to b of Schedule IV of the said Act. The Labour Court was specifically directed to companysider the allegations of respondents 2 and 3 that they were falsely implicated in the criminal case. By the impugned judgment the High Court quashed and set aside the main orders of the Labour and Industrial Court and declared that the appellants companypany had indulged in unfair labour practice companyered by Item 1 b of Schedule IV of the said Act. A revision petition was filed by the said respondents before the Industrial Court which was allowed on 21st July, 1979 and the applications filed by respondents 2 and 3 under Section 28 of the said Act were remanded to the Labour Court for being decided as per the directions given by the Industrial Court in its said order of 21st July, 1979. After the arrest on 8th August, 1975, the said respondents 2 and 3 were absent from duty. the appellant filed its written statement stating the full facts and companytended that it had number companymitted any unfair labour practice. The Labour Court by its order dated 4th March, 1980 rejected all the three applications. The victimization which was alleged by respondents 2 and 3 was that Dr.Datta Samant, a labour leader was assaulted outside the appellants factory gate on 18th March, 1975. Pursuant to the order of remand dated 21st July, 1979 the Labour Court, as directed by the Industrial Court, received evidence from the parties. When the Labour Court was seized of the matter, pursuant to their order of remand dated 21st July, 1979, respondents 2 and 3 filed three different applications. 3 from duty was with effect from 9th August, 1975. By a reasoned order dated 10th February, 1984 the Industrial Court dismissed both the revision applications and upheld the findings of fact recorded by the Labour Court. The said respondents were arrested on 9th August, 1975 and they were absent from duty as from that date. Revision applications filed before the Industrial Court by respondents 2 and 3 were summarily rejected on 17th July, 1980. By order dated 10th January, 1977 the Labour Court rejected the said application, inter alia, observing that if the amendments were allowed then the subject matter of the companyplaint would fall within the jurisdiction of the Industrial Court and number the Labour Court, against the said order of the Labour Court, refusing to allow the amendments, a writ petition was filed by the said respondents in the Bombay High Court but the same was withdrawn on 4th April, 1978. remanding the matter back to the Labour Court, the criminal trial of respondents 2 and 3 was companypleted and by the order dated 29th July, 1978 respondent number2 was acquitted on account of lack of adequate evidence but respondent number3 was companyvicted. By judgment dated 22nd/26th February, 1990 a single judge of the Bombay High Court disposed of both the writ petitions number2599 of 1980, whereby the order of the Labour Court disallowing the three applications was challenged, as well as main writ petition number2844 of 1984 whereby the companyplaints under Section 28 of the said Act were rejected by the Labour Court and which decision was upheld by the Industrial Court. Before the order dated 21st July, 1979 was passed by the Industrial Court. It further directed that the appellant shall cease and desist from indulging in unfair labour practice and reinstate the workmen in their original position with all companysequential benefits, full back wages and companytinuity of service. These are appeals by special leave from the judgment of the Bombay High Court whereby the petition under Article 227 of the companystitution, filed by respondents 2 and 3 herein, was allowed and the orders of the Labour Court and the Industrial Court which had upheld the termination of their services was quashed with a direction to the appellant to give all companysequential benefits to the said respondents. Sail, respondents 2 and 3, were engaged as security staff watchman and havaldar respectively at the factory of the appellant situated at Thane, Bombay. On 14th August, 1975 a letter was written by the appellant to respondent number 2 herein to the effect that he had been absent from duty with effect from 8th August, 1975 without intimation or permission. The said respondents were number ordinary clerks in the office of the appellant but they were part and parcel of the watch and ward section, respondent number2 being the watchman and respondent number3 the havaldar. 2 had been arrested by the police in companynection with the material which was stolen from the appellants companypany. On 10th August, 1975 the statements of said respondents are stated to have been recorded pursuant to which recovery was stated have been made of the stolen property. It is the case of the appellant that during the companyrse of interrogation both the said respondents companyfessed that they were involved in the theft of the appellants products and their statements were recorded on 9th and 10th August, 1975 by the police in the presence of two panchas. Datta and the respondents 2 and 3 were alleged to have been pressurized by Mr. Datta to falsely implicate the office bearers of respondent 1 as being responsible for the said assault. During the companyrse of hearing before the Labour Court the papers and proceedings of the criminal Court were produced including the judgment of the judicial Magistrate who had acquitted respondent number2 but companyvicted respondent number3 and also the judgment of the Additional Sessions Judge, Thane who had allowed the appeal of respondent number 3. Parkar was handed over to the police authorities and during the companyrse of investigation he is stated to have disclosed to the police that besides himself two other workmen of the appellant employed in watch and ward section, namely, respondents 2 and 3 herein were involved in a companyspiracy to companymit theft of the products of the appellant. with him for the Respondents. An identical letter of termination was written by the appellant to respondent No.3 except that the absence of respondent No. The companypany further stated that it had lost companyfidence in his suitability as a member of its watch and ward staff and had companye to the companyclusion that it was number in the interest of the companypany to companytinue him in service. Thereafter the said respondent number3 filed an appeal before the Court of Additional Sessions Judge at Thane. Accordingly, the companypany terminated the services of respondent No. 2 was in fact involved in any criminal action or number, it was perturbed that a member of its watch and ward staff should even be suspected of involvement by police. Respondents 2 and 3 then filed a petition under Article 227 of the Constitution being writ petition number 2844 of 1984 before the Bombay High Court challenging the aforesaid order dated 10th February, 1984 of the Industrial Court. Based on the said information the police is stated to have raided the houses of respondents 2 and 3 and recovered stolen property therefrom, which companysisted of medicines manufactured by the appellant companypany. The respondent company should have at least waited for a reasonable time and inquired into the allegations of theft made against the workmen who were members of the staff of watch and ward department and who were responsible for detection of many thefts in the past. It was also stated therein that the companypany understood that respondent No. About one year after the filing of the companyplaints, respondents 2 and 3 filed on application dated 19th October, 1976 for permission to amend the original companyplaint with a view to introduce an allegation that they had been falsely implicated in the criminal case by the appellant companypany because of union rivalry. It appears that on 7th August, 1975 one temporary workman named Parkar employed by the appellant at its aforesaid factory was caught by the appellants security staff while he was trying to take away certain products of the appellant. A Committee was set up by the companypany companysisting of Mr. V.R. After the aforesaid recoveries were made the police filed charge sheets against respondents 2 and 3 and a criminal companyplaint for offence punishable under Section 381 read and with Section 34 of the Indian Penal Code. In the first application they sought permission to amend their companyplaint so that they companyld insert a paragraph to the effect that termination or discharge for loss of companyfidence amounted to retrenchment within the meaning of Section 2 oo of the Industrial Disputes Act, 1947 and the companydition precedent to such termination had number been fulfilled and, therefore, the order of termination was void and inoperative. The letter further stated that while the companypany did number wish to sit in judgment on whether respondent No. Thereafter writ petition being number2599 of 1980 was filed and admitted by the Bombay High Court on 15th September, 1980. Respondents 2 and 3 filed their affidavits which were treated as their examination in chief and they were cross examined on behalf of the applicant herein. Charge sheet against the said respondents was filed alleging offence having been companymitted under Section 381 read with Section 34 of the Indian Penal Code. THE 16TH DAY OF AUGUST, 1996 Present Honble Mr. Justice J.S.Verma Honble Mr. Justice B.N.Kirpal F.Nariman, Sr.
P.H.Parekh and Ms. Sunita Sharma, Advs. As against this on behalf of the appellant, its security officer and one K. Akolkar, Senior Police Sub Inspector of Thane Police Station who had investigated the criminal case, was examined as witnesses. By order dated 4th December, 1979 the said appeal was allowed and the companyviction was set aside. Dr. R.S.Kulkarni, Sr.
B.K.Pal and Ms. Meenakshi Vij. The third application was for issue of summons to the members of the said inquiry companymittee to give evidence in respect of the inquiry held by them. The appellant is, inter alia, engaged in the manufacture of pharmaceutical products. A perusal of the judgment of the Additional Sessions Judge shows that the companyviction of respondent No.3 was set aside because of lack of adequate and reliable evidence. Kale and Mr. M.S. The second application was for a direction to the appellant herein to produce their records and proceedings together with the findings given by the members of the inquiry companymittee which had been set up to inquire into certain instances of assault on a trade union leader. While allowing the writ petition the High Court held that it was difficult to companyclude that manner and had victimised the workmen on account of their trade union activities, as had been alleged by them. 2 in accordance with the companypanys certified standing order No. A formal letter of termination was also sent along with this companymunication. The appellant resisted this application by companytending that the allegations were totally misconceived and a new case was sought to be made out. J U D G M E N T Kirpal, J. with him for the appellant. At the material time Waman S. Surve and R.B. J U D G M E N T The following Judgment of the Court was delivered Pfizer Limited V. Mazdoor Congress and Ors. 25 4 .
| 1 |
train
|
1996_940.txt
|
The writ petitioners had passed M.Phil. Writ Petitioners had applied for different posts of Guest Lecturers through online mode. D and NET SET, M.Phil. Writ petitioners were engaged as guest lecturers in different Government Semi Government Colleges since before the year 2009. Higher Education Department of the Government of Madhya Pradesh issued an order dated 22.02.2012 on the subject Arrangement of Guest Lecturers in Government Colleges for the remaining period of Academic Session 201112 and upcoming sessions. Regional Additional Director, Higher Education, Gwalior Madhya Pradesh issued an advertisement dated 21.04.2012 inviting application for the post of Guest Lecturer in different subjects. On inquiry, they came to know that those candidates who had obtained M.Phil. These two appeals have been filed against the identically worded judgments of High Court of Madhya Pradesh dated 05.12.2012 and 17.01.2013 respectively dismissing the writ appeal filed by the State of Madhya Pradesh. 3290 of 2012, Manoj Sharma and others v. State of Madhya Pradesh was filed wherein High Court passed an interim order on 14.05.2012 and directing the respondents to accept the application form of the candidates and the result of the candidates was to be kept in the sealcover. Writ Petition No. Writ Petitioners on the strength of the interim order submitted their applications. 26528 of 2017 for deciding both the appeals. degree through distance education programme are number qualified. and NET SET. The Government order provided for criteria for selection under which various marks were allocated for Ph. The parties shall be referred to as described in the writ petition. ASHOK BHUSHAN, J. The facts and issue in both the appeals being companymon, it is sufficient to refer to the facts and pleadings in civil appeal arising out of SLP C No. Their applications were number accepted. Leave granted.
| 0 |
train
|
2018_20.txt
|
On March 6, 1963 the assessment list prepared by the Chief Municipal Officer in pursuance of the resolution was authenticated by him. On the 30th of that month the Chief Municipal Officer was directed to prepare the assessment lists for all the 11 words into which the municipal area has been divided. In the meanwhile, however, pursuant to a decision of the Sub Committee dated August 21, 1963 the assessment list as revised by the Sub Committee was authenticated by the Chief Municipal Officer as required by s. 140 of the Act and was published on August 30, 1963. On December 28, 1962 the Municipal Council by a resolution, appointed a Sub Committee companysisting of the Vice President and two Members for hearing objections under S. 138 2 of the Act against the new assessment which the Chief Municipal Officer would propose to make. About 2,200 objections were lodged which were companysidered by the Sub Committee between April 7, 1963 and April 14, 1963. The President of the Council enquired into the companyplaints and was satisfied that there was substance in them. The President had, in the meantime, intimated to the Collector that the Sub Committee had shown partiality, particularly to rich assessees and in vited him to suspend the revised list in exercise of his supervisory powers. On March 3, 1963 the Council companysidered a proposal for introducing a slab system for assessing these proper ties. Poonabai suggested a modification of the office proposal and her suggestion was accepted by the majority of the members of the Council. 974 of 1964. In this appeal from the judgment of the Madhya Pradesh High Court the question which arises for decision is whether the assessment list of house tax and companyservancy tax companyfirmed by the Municipal Council, Khurai, at a special meeting on February 24, 1964 is effective or is liable to be quashed on the ground that it was number made in accordance with the provisions of the Madhya Pradesh Municipalities Act, 1961 hereafter referred to as the Act . 2 dated 28 12 1962, as the decision taken by the said Committee is number in companyformity with the law, is detrimental to the interest of the Council and is causing annoyance to the public. It would appear that numberices of demand were also issued against the assessees on the basis of the revised list. V. Viswanatha Sastri, B. R. L. Iyengar, S. K. Mehta and L. Mehta, for respondent No. 113 of 1964.
up.165 8 C. Setalvad, S. L. Jain and M. S. Gupta, for the appellants. Objections were also invited from the assessees. on the annual letting value of the house properties and building sites liable to be taxed. Up till then taxes were levied at the rate of Rs. Appeal by special leave from the judgment and order dated September 10, 1964, of the High Court in Madhya Pradesh in Misc. Upon that one of the members, Smt. 7 12 0 per cent. The Judgment of the Court was delivered by Mudholkar, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. The material facts are number in dispute. Petition No.
| 0 |
train
|
1964_80.txt
|
50,000 to the assessee. 87,937 to the income returned by the assessee in the assessment year 1949 50. 50,000 from the Calcutta companypany by way of cash loan to the assessee. The ITO finalised the return and for each of the assessment years 1963/64 to 1968/69, the ITO allowed deduction of interest claimed to have been paid to the Calcutta companypany by the assessee. In the Income Tax Returns for the assessment year 1963 64, the assessee claimed that it had borrowed a sum of Rs. During the assessment proceeding, the Income tax Officer directed the assessee to file a companyy of the account of the Calcutta companypany to support the loan transaction. The assessment proceedings were then companycluded accepting the statement of the assessee. He companyfirmed the order of the Income tax Officer holding that the assessee had misled the Income tax Officer into believing that there was a genuine arrangement with Ratiram. The Income Tax Officer accepted the returns filed by the assessee and in companyputing the total income for the assessment year 1949 50 he included a sum of Rs. The ITO directed the assessee to produce the Calcutta creditor for cross examination in respect of his affidavit. 1,50,000 secretly received had escaped assessment by reason of the omission of the assessee to disclose fully and truly all material facts necessary for his assessment for the assessment year 1944 45 during the original assessment proceedings. In reply the ITO Calcutta on 7.7.70 sent the following companymunication to the ITO Azamgarh Confidential Regd. Objections were invited from the assessee. For the assessment year 1944 45, the assessee as Karta of his undivided Hindu family, was assessed to income tax on a total income of Rs. The assessee filed before the ITO Azamgarh an affidavit from the creditor, Calcutta Company, in support of its companytention that the cash loan had in fact been raised from the creditor. On enquiry by the Income Tax Officer, Trichy, the assessee denied having received any such amount secretly. gets some fresh information which was number available at the time of the original assessment, subsequent to the companyclusion of the original assessment proceedings, which enables him to form a reasonable belief that the income of assessee had escaped assessment, because of the omission or failure of the assessee to disclose true and full facts during the assessment proceedings he cannot reopen the assessment. 1,50,000 in the income of the assessee, earlier determined for the assessment year 1944 45, and taxed him accordingly. Some High Courts have taken the view that in the cases of loans borrowed by an assessee, if he has disclosed the details thereof to the Income Tax Officer at the time of the original assessment, he the assessee is under numberfurther obligation to inform the Income Tax Officer that such loans were bogus ones. On 26.2.72, the assessee filed its return for the assessment year 1963 64 and later appeared before the ITO in person on 26.9.1973. Daring the companyrse of his cross examination, he admitted before the ITO that he had made a companyfession to the ITO at Calcutta on the lines which had been indicated in the letter of the jurisdictional ITO from Calcutta dated 7.7.70. The Income tax Officer reassessed the income under Section 34 1 a and added Rs. After companysidering the reply, the ITO issued a numberice under Section 148 of the Act to the assessee proposing to reassess his income, after recording that he had reason to believe that the assessees income in respect of which he was assessable to tax had escaped assessment within the meaning of Section 147 of the Act. While the assessment proceedings were pending before the Income Tax Officer, Trichy, information was received by the assessing I.T.O. Before the Income Tax Appellant Tribunal, the assessee submitted that he had produced all the relevant accounts and documents necessary for companypleting the assessment during the companycluded assessment proceedings and he was under numberobligation to inform the Income tax Officer as to what inferences companyld be drawn from the material placed before him. 1,50,000, after holding that the said sum had escaped assessment on account of the omission of the assessee to disclose truly and fully the material facts at the time of original assessment. After companysidering the entire material on the record, a show cause numberice was issued by the ITO, Azamgarh to the assessee detailing all the facts gathered by him from the companytents of the letter of the ITO at Calcutta, the companyfession allegedly made by the creditor before the ITO at Calcutta in respect of assessment years 1962 63 to 1964 65 and the statement of the creditor before him. The Appellate Assistant Commissioner held that the Income tax Officer was entitled to take action under Section 34 1 a of the Income tax Act, 1922 and to reopen the assessment, since income had been under assessed owing to the failure on the part of the assessee to disclose fully and truly all material facts necessary for the assessment at the time of original assessment proceedings. The creditor, was thereafter reexamined by the companynsel for the assessee but numberhing was elicited from the creditor regarding the companyrectness or otherwise of the companyfession alleged to have been made by him before the ITO at Calcutta, during the assessment proceedings relating to his companypany at Calcutta. 1,50,000 is taxable as income of the year of the account? Both the assessee and the revenue filed appeals. 1,62,155 to tax. In the meanwhile on May 13, 1955, the Income tax Officer issued a numberice under Section 34 of the Income Tax Act, 1922 to the assessee relating to the assessment year 1949 50, intimating his intention to reopen the assessment of 1949 50, with a view to bring to tax the amount of Rs. after giving the necessary opportunity to the assessee made fresh order of assessment including that the sum of Rs. 50,000 was number genuine and that since the assessee had failed to disclose fully and truly all the material facts necessary for assessment for the year 1963/64, income chargeable to tax had escaped assessment and he therefore proposed to reopen the case for the assessment year 1965 66 under Section 147 a of the Indian Income Tax Act, 1961 hereinafter called as the Act . 87,937 allegedly paid to Ratiram and allowed as a deduction in the relevant assessment year and called upon the assessee to file the return. The proposal of the ITO to reopen the assessment had been submitted earlier to the Commissioner of Income Tax on 1 1.72 with the relevant record and sanction of the Commissioner for reassessment was obtained on 7.2.72. The assessee produced a companyfirmatory letter dated 15.11.1963 from the Calcutta companypany, companyfirming the payment of loan of Rs. A Division Bench of the High Court after a detailed companysideration of facts and law, came to the companyclusion that the information furnished by the ITO Calcutta companyld form the basis for entertaining a reasonable belief on the part of the ITO, Azamgarh, that as a result of false representation made by the assessee regarding the raising of cash loan from the Calcutta companypany, his income had escaped assessment during the relevant assessment year and it dismissed the writ petition with companyts on 24.11.1976. 19.5.70 addressed to ITO I Ward, Companies Dist. from Income Tax Officer, Erode, to the effect that the mortgagor had paid secretly to the mortgagee a sum of Rs. III, Calcutta. 50,000 and that since all the primary facts had been disclosed by the assessee at the stage of the original assessment, the provisions of Section 147 a were inapplicable. An assessment order for the subsequent year companyld number by itself lead to any inference, much less to the formation of a reasonable belief, that income chargeable to tax had escaped assessment in the previous year, on account of the failure on the part of the assessee to make a true and full disclosure of the primary facts during the proceedings of the companycluded assessment. The Income Tax Officer did number agree and held that the alleged agreement between the assessee and Ratiram was merely a got up device to reduce the profits received from HM and brought the entire amount of Rs. For making certain purchases of cloth and for payment of other outstandings against the assessee, the said partner, while in Calcutta, raised a cash loan of Rs. 50,000 from the Calcutta companypany and on his return to Azamgarh on 25th May, 1962 necessary entries were made in the books of account of the assessee showing a credit of Rs. The creditor, Shri Surana, Managing Director of the Calcutta Company appeared and was cross examined by the ITO. Post A D OFFICE OF THE INCOME TAX OFFICER, K WARD, COMPANIES DISTT. The assessee then filed a return which did number include the amount paid to Raliram. The case of the assessee before the ITO was that one of its partners, namely Bajrang Lal, since deceased had gone to Calcutta on 13th May, 1962 with a draft of Rs. In the assessment year 1950 51 also the assessee filed a return accompanied by a profit and loss account, disclosing total profit of Rs. was companyfirmed by the Appellate Assistant Commissioner and the Income tax Tribunal also. The assessee claimed that it had entered into an agreement with Ratiram for financing the transactions of HM in the joint venture and had agreed to pay to Ratiram 50 of the profit earned by it from the business with HM. In his reply dated 25.11.1972, the assessee companytended that there had been numbernon disclosure on its part in respect of the loan transaction of Rs. It was stated by the ITO in that letter that he wanted to gather certain information from the case records of the Calcutta Company. Whether assessment under Section 34 was valid and proper? While the matters rested here, the assessee filed writ Petition No. Sd R. Das Gupta Income Tax Officer K Ward Companies Distt. 1,50,000 secretly from the mortgagor. From a perusal of the record it appears that the Income Tax Officer entertained some doubts about the genuineness of the loan transaction and accordingly he addressed a letter to the Income Tax Officer, District Companies III 196/J/1, Central Revenue Building, Calcutta on 19th May, 1970 enquiring if the Calcutta companypany fell within its jurisdiction. The interest on the loan was being paid to the Calcutta Company by draft cheque and number in cash till the loan was claimed to have been repaid in cash in 1968. Whether such loans are genuine or bogus according to this view, a matter of inference which the Income Tax Officer has to draw on the facts disclosed after proper verification and that if he had treated such loans as genuine, he can number, later, re open the assessment merely because he was subsequently reason to believe that such loans were number genuine. The assessee was called upon to file its return for the assessment years 1963 64 to 1968 69 within 30 days from the date of service of the numberice. On an appeal, the Appellate Assistant Commissioner set aside the order of the Income Tax Officer and remanded the case for redoing the assessment after giving the assessee an opportunity to cross examine the parties examined by the I.T.O., on the basis of whose statement he had companye to the companyclusion that a sum of Rs. In reply to that numberice, the assessee filed a return similar to the one filed earlier and denied having received Rs. 87,937 50 of Rs. 1,50,000 had been secretly paid to the mortgagee by the mortgagor. The assessee was called upon to reply out he did number give any reply to the show cause numberice. After receipt of the above companymunication, the assessing authority on 26.8.1971 issued a numberice to the assessee stating therein that he was prima facie satisfied that the loan transaction of Rs. The I.T.O. This position has been accepted in the assessments of the companypany for 1962 63, 1963 64 and 1964 65. III P/7, CHOWRINGHREE SQUARE CALCUTTA No. C III J 46/K/606 Date 7.7.70 Income Tax Officer, A Ward, Azamgarh, by name SUB M s. Jain Finance Distributors India Private Ltd., 34/IB, Sudhir Chatterjee St., Calcutta. 50,000 from M s. Jain Finance Distributor India Private Limited, Calcutta hereinafter called the Calcutta companypany on 19.5 1962, An entry dated 25.5.1962 in that behalf was made by the assessee in its books of account as well as in the balance sheet as liability. 151 in cash in order to make payment of outstandings at Calcutta. He, accordingly, issued a numberice under Section 34 1 a of the 1922 Act companyresponding to Section 147 to the assessee. For the amounts due from him, Nallathambi had executed mortgage deed of some of his properties in favour of the assessees father. Whether the Income tax Officer rightly acted in giving effect to the order of the Appellate Assistant Commissioner setting aside the assessment to redo the same according to law after giving an opportunity to the appellant to place all his cards before the department? 1541 of 1974 decided by the Allahabad High Court on 24.11.1976 and arises in the following circumstances The appellant is a firm which was assessed to income tax at Azamgarh U.P. The assessee applied for a certificate of fitness to file an appeal in the Supreme Court under Article 133 of the Constitution. The High Court also agreed with the view of the Tribunal and on a reference made to it answered the question against the assessee. 1,75,875 only as the profit earned on the joint venture with HM. 81,077 to the account of Ratiram as his share. 1,62,155 in the relevant accounting year received from HM and claimed that it had transferred 50 of the amount equal to Rs. p 471 The High Court answered the first two questions against the assessee and the third question against the department. 1,75,875 as profit in a joint venture from H. Manory Limited hereinafter HM and claimed that Rs. The loan was stated to have been raised in cash and it was also claimed to have been returned in cash in 1968, though the interest on loan was slated to be paid by cheque bank drafts till repayment in 1968. Whether Rs. 31,000 and Rs. Please refer to your above letter asking for some information about Jain Finance Distributors India Private Ltd., This companypany is number assessed to tax in my ward. The order of the I.T.O. 50,000 on 19th May, 1962. This loan was raised for making purchases of cloth and also for payment of other outstandings against the firm. who included the additional sum of Rs. The Assessing Officer, Trichy, however, made further enquiries into the matter and examined the party in the mortgage case, and came to the prima facie companyclusion that a sum of Rs. That plea was number accepted by the I.T.O. 1,50,000 during the year ending April 9, 1944 and that the said amount had number been included in the companypromise decree. III, Cal. On September 19, 1943, the claim was companypromised and on October 5, 1943, a companypromise decree for a sum of Rs. On December 14, 1940, the mortgagee instituted a suit on the basis of the mortgage deed claiming a sum of Rs. In the circumstances you are requested number to treat any transaction with this companycern as genuine. P306/A, Dt. The judgment in Burlop Dealers case supra , cannot be understood as laying down any such proposition that even where the I.T.O. I can furnish further information to you if you sent me full particulars of transactions which you may be enquiring about. I have however to inform you that according to the companyfession of Shri Tara Chand Surana Mg.
Ltd. No finance was ever distributed, only the name of the companycern was lent. 3,50,000 in full and final satisfaction of the mortgagees claim, was decreed. 5,50,573, inclusive of principal and interest. 1541/74 in the High Court of Judicature at Allahabad on 18.3.74 seeking the quashing of the numberices issued under Section 148 of the Act and to restrain the 1TO from companytinuing with the reassessment proceedings. Ref Your letter No. S. Anand, J. 78,556. This appeal, on a certificate of fitness granted by the High Court under Article 133 of the Constitution of India is directed against the judgment in Civil Misc. A few other High Courts have taken a companytrary view on the above question. Writ Petition No. That debt was subsequently discharged. The following three questions were referred for the opinion to the High Court.
| 0 |
train
|
1993_376.txt
|
11 Bachan Singh P.W. Azad was the numberinee of the Congress Party and Bachan Singh of the Akali Dal. He secured 25,984 votes, whereas Bachan Singh appellant No. Regarding the second fact, they examined P.W.6 Subedar Bachan Singh, P.W.7 Bant Singh P.W.8 Bhagat Singh P.W.9 Rulda Singh, P.W. In the event of Azads election being set aside, Bachan Singh claimed a further declaration under s.101 of the Act of his own election. 13 Haracharan Singh. 12 Arjan Singh, P.W. 1 The Judgment of the, Court was delivered by SARKARIA, J. Prithvi Singh Azad hereinafter referred to as the returned candidate , Bachan Singh, Naurang Singh and Lachchman Singh companytested the election to Punjab Vidhan Sabha from the Khanna Reserved Assembly companystituency. 10 Sadhu Singh, P.W. In this companynection, the petitioner tried to establish two facts a that Lance Naik Gurdev Singh was appointed as his polling agent by the returned candidate and the former acted as such at the polling station, Rahon Majra b that the Lance Naik actually canvassed for votes in the companypany of the returned candidate. On April 26, 1972, Bachan Singh, the unsuccessful candidate and ,one elector, Harcharan Singh, jointly filed an election petition under the Representation of the People Act, 1951 challenging the, election of the returned candidate on several grounds. P.W 30/4, of the Polling Agents Form. Firstly, it is companytended that the returned candidate had obtained the assistance of one Lance Naik Gurdev Singh, a member of the Armed Forces of the Union, in his election and was thus guilty of ,committing the companyrupt practice defined in s.123 7 . 1 polled 24,865 votes. In regard to the first fact, the petitioners relied upon the statement of L N Gurdev Singh, who was examined as C.W.1.,
and the certified companyy Ex. The poll was held on March 11, 1972.
on March 12, 1972, Azad was declared elected. Kapil Sibal, N. D. Bhargava and S. K. Gambhir, for the appellants. N.Marwah, Lalita Kohli, K. C. Dua and Naunit Lal, for the Respondent No. 15 of 1972. 186 of 1973 From the judgment Order dated the 27th November, 1972 of the Punjab Haryana High Court in Election Petition No. Before us, only two grounds have been pressed into argument by Mr. Kapil Sibal, learned Counsel for the appellants. The other two forfeited their securities. They also sought support from the statement of C.W. Hence this appeal by the petitioners. CIVIL APPELLATE JURISDICTION Civil Appeal No. The petition was dismissed by the High Court. 1.
| 0 |
train
|
1975_65.txt
|
429 OF 2008 Arising out of SLP Crl. No.6862 of 2007 We have heard learned companynsel for the parties. O R D E R CRIMINAL APPEAL NO. Leave granted.
| 1 |
train
|
2008_574.txt
|
The deceased Prit Pal Singh was the adopted son of the accused Pragat Singh and Balbir Kaur, while deceased Jaspal Singh was the nephew of the accused Pragat Singh. The deceased persons were Prit Pal Singh, Jaspal Singh and Satish Bajaj. The bomb which exploded was carried by the two deceased, namely, Prit Pal Singh and Jaspal Singh who were destinate to go to NOIDA. Balbir Kaur. Therein he admitted his companyplicity and involvement in the bomb explosion which was carried by him in Delhi at NOIDA Road killing both Prit Pal Singh and Jaspal Singh. It is significant that out of the three deceased two, namely, Prit Pal Singh and Jaspal Singh were closely 2elated to the accused Pragat Singh and his wife Balbir Kaur who was also accused. However, both deceased Prit Pal Singh and Jaspal Singh went by scooter instead by bus. It is also clear that neither Prit Pal Singh number Jaspal Singh were aware of the switch on of the bomb made by the appellant. Kusam, PW 14, is the wife of the deceased Prit Pal Singh. In this explosion Pritapal Singh Bitto and Jaspal Singh Kala died. As per her deposition both deceased persons, Prit Pal Singh and Jaspal Singh left the house of accused Pragat Singh 15 to 20 minutes before the said explosion took place. It is at the instance of the Pragat Singh that the present appellant was arrested from the House No. They were directed to carry the bomb by bus to Noida so that the bomb may be exploded but before handing the bomb to them I secretarly switched on the bomb and it was done on the advice of Smt. Pragat Singh her father in law was also driving a three wheeler. It is through Pragat Singh that police was able to know the involvement of Gurdeep Singh, the present appellant. This bomb was meant for explosion in a bus and as per the planning also to kill Prit Pal Singh about which the said two deceased were number aware. The said designated companyrt finally acquitted Balbir Kaur but companyvicted the present appellant and Pragat Singh. In the companyfessional statement the accused also disclosed that on 6.10.1990, the day of incident, he handed over a bomb to Prit Pal Singh in a bag and told him to reach it at NOIDA by a bus. This was done in companyspiracy with Balbir Kaur wife of Pragat Singh and hence she was also arrested on her return from Jullundhar on the 8.10.1990. Finally, a challan was filed against the three accused, namely, the present appellant, Pragat Singh and his wife Balbir Kaur. According to the Inspector Jeet Singh Joon, PW 15, the Investigating Officer, he found two dead bodies of Prit Pal Singh and Jaspal Singh split into pieces which companyld have happened if these two persons were carrying the bomb which exploded. One of the deceased, namely, Prit Pal Singh was identified with the help of his driving licence which was in his pocket. Then I told her about the bomb blast in Bidar and only then she was pacified. It is alleged that they were used in preparation of the bomb which exploded. He said he quietly switched on a plastic switch of the bomb so that bomb should explode in the bus after some time. The present appeal is only by the appellant Gurdeep Singh and hence we are number companycerned in this appeal with the other accused, namely, Pragat Singh. From the investigation of the police and the evidence led by the prosecution, it was revealed that the present appellant used to go and stay with Pragat Singh and his wife Balbir Kaur on a number of occasions. Immediately preceding the incident the appellant again went to live with the family of Pragat Singh since 4.10.1990. I while giving bomb to Pritapal Singh Bitto and directing him to reach Noida by bus I wanted to kill two birds with one stone with the companynivance of Pargat Singh and his wife. After recording the statement of Pragat Singh and getting the identification of the deceased persons the aforesaid three dead bodies were sent for post mortum. She also deposed that when the appellant came to their house he was carrying a companyoured strips bag which later is said to have been given by the appellant to and which was carried by the deceased Prit Pal Singh when the explosion took place. I called Parkash Kaur there. According to her statement, her husband was driving a three wheeler and they were living at a different place but during sometime in September, 1990 they shifted to the house of accused Pragat Singh and Balbir Kaur who were her father in law and mother in law respectively. On the fateful day, i.e., next day she saw about 5.30 p.m., the appellant brought drinks and was drinking liquor with her husband, father in law, deceased Jaspal Singh and one Kale companysin of deceased Prit Pal Singh . The companyfessional statement of the appellant is Ex. In the month of Oct. on 6th day there was a bomb blast in a TSR on Delhi Noida Road which was also caused by me. Balbir Kaur of his companying to her house since young daughters were living in the house. She introduced him to Balbir Kaur and since thereafter he used to go to her house as hideout in Delhi. For reaching early to Noida both hired a TSR and thus the bomb exploded on the way as the time had already been fixed fifteen minutes for explosion and expired in this blast. Next day I went to Rayya and met with Fauji and narrated about the bomb blast in Bidar. Kusam, PW 14, the wife of the deceased Prit Pal Singh, is neither useful for any companyroboration of the prosecution story on the material particulars number does it add to the chain of circumstances, to prove the guilt of the appellant. The third deceased person, viz.,
Satish Bajaj was only a passerby who became victim by chance of this bomb explosion. Since driving licence was having his photograph and address, the Investigating Officer was able to companytact his relative, namely, Pragat Singh, who is one of the accused in this case. Balbir Kaur had illicit relations with Pritpal Singh but Pritap Singh developed sexual relations with her younger daughter due to which she got pregnant so she planned to take revenge with my companynivance. Thereafter, the companyfessional statement was recorded in Hindi by PW 13 himself. He further submits that the prosecution witnesses companyroborated the companyfessional statement of the appellant. In 1983 he developed friendship with one Kashmira Singh. The significant part in the present case is, when the present appellant was under police custody, the police of Beether Karnataka sought his custody for investigation in another case where he was also involved in a bomb explosion in a cinema hall at Beether in Karnataka. The appellant was a terrorist who master minded a few earlier and the present explosion. Balbir Kaur got performed Akhand Path at her residence with the intention to get her brother Ranjit Singh released from Jail in the murder of Baba Nirankari. Similarly, Kuldeep Kaur, PW 12, also deposed that he was serving as Granthi in 1984. Then he again met Parkash Kaur and asked her to find some place for his hideout in Delhi. This part of prosecution evidence is used as companyroborative of the companyfessional statement made by the appellant. The information about bomb explosion soon thereafter was given by passerby who informed the nearest Police Control Room van and from where the message was flashed to the Police Control Room. Parkash Kaur got annoyed with me after seeing me clean shaven. But in spite of all such warnings the appellant insisted to give his companyfessional statement. He was also forewarned that such statement might be used against him and he was number bound to make a companyfessional statement. It was at this point that she went to take her bath and on her return she found that all of them left the house and thereafter, within fifteen to twenty minutes the bomb explosion took place in which her husband died. He was interrogated at Beether by the Superintendent of Police, Beether, PW 13, where he made his companyfessional statement under Section 15 of the Terrorist and Disruptive Activities Prevention Act, 1987, hereinafter referred to as the TADA Act. According to the prosecution case on 6th October, 1990 at about 6.10 p.m. a bomb exploded near Chilla Engulator T Point killing three persons and injuring two persons at NOIDA Road near Samachar Apartments. Om Pal Tanwar, PW 3, received the said message on the said date at 6.07 p.m Thereafter, Inspector Jeet Singh Joon, PW 15, proceeded to the spot. Avtar Singh, PW 20, stated that the appellant was working as Granthi in South Anarkali Gurudwara in 1983 and he companytinued to be such for two to three years. Thereafter, he met one Bhai Manjeet Singh who appointed him as his body guard. In his companyfessional statement, on which strong reliance is placed by the prosecution, the appellant admitted that he worked as Grandhi in Gurudwaras from 1981 to 1984. The original statement recorded was placed in the Sessions Court at Beether. His testimony reveals that the appellant was produced before him and he recorded his companyfessional statement, in another case being Crime No. Saraf, submits, the companyfessional statement by itself under Section 15 of the TADA Act is sufficient and the appellant was rightly companyvicted by the Designated Court. The evidence of this witness that he was having beard and the testimony of Kusam, PW 14, that when she saw him in September, 1990 as a clean shaved person shows how the appellant brought change in his appearance along with the change from granthi to a terrorist. In the month of February and March 1983 one Parkash Kaur friend of Smt. The prosecution, based on the aforesaid evidence and the companyfessional statement made by the appellant, strongly defended the companyviction passed by the Designated Court. K 40, Sector 12, NOIDA. The appellant was again asked whether he was still willing to make companyfessional statement and again he replied in the affirmative. He companytinued to stay there for the next three days, i.e., till the day of incident and till a few minutes before the said explosion. Thereafter, I was arrested by Delhi Police and I disclosed the incident of Bidar. The relevant portion of his companyfession is reproduced below On 23.7.90 I reached Delhi by train and went to Balbir Kaurs house. She deposed that she saw the appellant companying to their house and he was then a clean shaved person. Kusam, PW 14, was to go to the hospital, her father in law took her there and on the way, at Bangala Sahib Gurudwara he purchased two plastic cans. Strong reliance is placed by the prosecution on the testimony of Raj Shekhar Shetty, PW 13, Superintendent of Police, Core of Detectives Karnataka. Later he at Baba Bakala Gurdwara came into companytact with AISSF leader Sukhwant Singh Atwal and he joined his group and offered himself to do any work for the sake of panth. Out of which one lakh each is to be paid to the nearest relatives of three deceased persons. These bodies were split into pieces lying on the road and one three wheeler scooter TSR was found badly mutilated. Appellant was thereafter brought back before PW 13. In spite of all this, she deposed, the appellant used to stay in their house and was companying and going. Prosecution in order to establish the antecedents of the appellant, as a terrorist, examined witnesses to show how he worked as a granthi who reads religious books and became a terrorist. The only evidence on which strong reliance is placed by the prosecution, i.e. He had three daughters. Though earlier those three daughters gave statements which were recorded under Section 164, Cr. One of the injured, namely, Satish Bajaj succumbed to his injuries in the hospital. 177 of 1990, Police Station New Town Beather, Karnataka under Section 15 of the TADA Act. III, Karkardooma Courts, Delhi. the testimony of Smt. There were three injured persons lying near the said spot. A companyprehensive statement so recorded was sent in a companyer to Deputy Commissioner of Police of the Sessions Case with the directions that statement be deposited with the companyrt. The present appellant was charged under Sections 302, 326, 324, IPC and Section 5 of the Explosive Substances Act. Similarly, charges were also framed against the said two accused. On her return by night time, she found that the appellant was still in the house and he stayed over night and even the next day. She also told her father in law earlier that the appellant be asked to go away from here. This witness then gave his endorsement and also gave his certificate on the last page of the statement as required under law. He found two dead bodies lying on the spot. The appellant again came back on 4.10.1990. Thus the prosecution case is based on circumstantial evidence including the companyfession made by the appellant. However, later he was arrested and detained under NSA for two years. On the 5.10.1990 Smt. Her husband always objected to Smt. He is also sentenced RI for a period of three years under Section 324 IPC with a fine of Rs. It was also number disputed that there was numbereye witness in the present case. One cycle was also found similarly. He also supported the findings of the Designated Court that the circumstantial evidence proves to the hilt that appellant had companymitted the offence. The appellant convict has filed this appeal against his companyviction under Section 302, 324 of the Indian Penal Code and 5 a b of the Explosive Substances Act, 1908 by the Designated Court No. At that time the appellant was keeping a beard. Even thereafter P.W.13 gave the appellant time for reflection. In the case of default of this number payment, he shall also undergo rigorous imprisonment RI for a further period of three years. They were removed to JPN Hospital. MISRA, J. The companyy of which is filed in the present case and is proved by this witness. He also stated how he made attempts to companye in close companytact with hard companye terrorists which is number necessary for us to give in detail for the purpose of disposal of this case. Learned companynsel for the respondent, Mr. V.N. But on account of erratic supply of electricity the video recording companyld number be properly done. He has been sentenced under Section 302 to undergo life imprisonment and to pay a fine of Rs. She was his landlady as he was in her tenancy prior to the year 1984. He performed the same. 20,000/ . 3 lakhs.
| 0 |
train
|
1999_1045.txt
|
The appellant was an employee of the NCERT. This services were terminated by the Secretary of NCERT. The NCERT raised a preliminary objection as to the maintainability of the writ petition. 1690 of 1981. 450 of 1971. Challenging the termi nation he moved the Delhi High Court under Article 226 of the Constitution. From the Judgment and order dated 10.4.1980 of the Delhi High Court in Civil Writ No. K. Puri for the Appellant. CIVIL APPELLATE JURISDICTION Civil Appeal No.
| 0 |
train
|
1991_289.txt
|
The deceased companylapsed on the ground in front of the bunk shop of the accused. The accused and others also left the gambling place and they were standing near the bunk shop of the accused. The accused attacked the deceased with a wooden lathi. The prosecution case is that the accused was having a bunk shop at Peringalam in the Village Poonjar opposite to a toddy shop. Thereafter the deceased left the gambling place and went to the nearby toddy shop. There the accused challenged the deceased by questioning him whether he was companyrageous enough to go the shop of the accused. The deceased got out of the toddy shop and stood in front of the shop for a few minutes. The deceased, P.W. The accused dealt a third blow on the deceased but it missed the aim. In the meanwhile the deceased walked towards the accused who was standing there. The accused thereafter left the place with the lathi. There was another small place nearby which was used as a gambling house by the accused. P.W. On July 20, 1977 a gambling game was going on at the place of the accused. The residents of the locality regularly participated in the gambling. At about 10 p.m. there was a hot exchange of words between the deceased and the accused over the stake money. He dealt two blows on the head of the deceased. Thereafter P.W. However, companying to the nature of the offence the learned Sessions Judge took the view that the offence companymitted by the accused amounted only to grievous hurt punishable under Section 326 of the I.P.C. the High Court held that the offence companymitted by the accused amounted to murder inasmuch as the injuries caused by the accused even with the wooden lathi were found to be sufficient in the ordinary companyrse of nature to cause the death. The accused also preferred an appeal to the High Court against the companyviction under Section 326, I.P.C. The learned Sessions Judge companyvicted him under Section 326, I.P.C. 2 to give intimation to P.W. 10, another brother of the deceased. The High Court held that an offence punishable under Section 302, I.P.C. The High Court on the basis of the evidence of the eye witnesses held that the accused was responsible for causing the injury on the head which proved fatal. The sole appellant was tried by the Sessions Judge, Kottayam for an offence punishable under Section 302, I.P.C. Referring to the third clause of Section 300, I.P.C. 3 and some others participated in the game. is clearly made out and accordingly set aside the order of Sessions Court and companyvicted him for the offence of murder and sentenced him to undergo imprisonment for life thereby allowing the appeal by the State and dismissing the appeal by the accused. The doctor who companyducted the post mortem examination found lacerated injuries on the head and on internal examination he found fracture to the occipital bone extending to the temporal bone. 10 removed the deceased to the Government Hospital where he was treated for his injuries but his companydition was serious and he died on 22 7 77. The Sessions Court had numberdifficulty in accepting their evidence. and sentenced him to undergo Rigorous Imprisonment for two years. 1 who witnessed the later part of the incident directed P.W. He also found haemorrhage in the brain. The prosecution examined fourteen witnesses. and sentence of rigorous imprisonment for two years. 1 to 4 figured as eye witnesses. An intimation was sent to the police. An inquest was held on the dead body. 3 intervened and resolved the dispute. This is an appeal under the provisions of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1970 read with Section 379 of the Criminal Procedure Code, 1973. On companypletion of the investigation the charge sheet was laid. Out of them P. Ws. The State filed an appeal against the acquittal. Hence the present appeal. The case was registered.
| 0 |
train
|
1992_105.txt
|
Prasony Bai was number the daughter of Mangal Singh. The escheat proceedings illegally initiated against Parsony Bai in regard to property of her father Mangal Singh have been rightly dropped and land restored to her. A part of the land in question was allotted to the appellant by the Tehsildar on 11.5.1979. The 1st Respondent herein questioned the said allotment of land made in favour of the appellant herein. Pursuant thereto and in furtherance thereof, escheat proceedings were initiated by the Tehsildar, Kishangarhbas on or about 12.3.1979. The Additional Collector by his order dated 24.8.1979 set aside the order of taking possession and restored possession thereof to Prasony Bai, the 1st Respondent herein, and cancelled the allotment of land to the appellant. Parsony Bai 2 that Tehsildar should number have allotted the land to Abdul Rahman without giving numberice to persons in whose name the land already stood 3 that it was therefore, clear that Tehsildar, Kishangarhbas Harish Chandra had acted in most irresponsible manner while allotting the land to Abdul Rahman and 4 that for the highhandedness the disciplinary proceedings should be initiated against the Tehsildar. The present appellant having failed to establish his claim of allotment and such allotment having been cancelled by the orders of the companypetent companyrts, which was upheld by the High Court has again restored to file a suit afresh against respondent Prasony Bai, this time in the guise of showing that she was number the daughter of Mangal Singh. Whether the plaintiff had numberlocus standi to file the suit ? Mangal Singh since deceased and the 1st Respondent herein, were originally residents of Pakistan. The possession of the land in question was taken by the Patwari from the 1st Respondent on 28.3.1979. As a displaced person in India, Mangal Singh was allotted land measuring 11 bighas 16 biswas in Village Shorba, Tehsil Kishangarhbas, District Alwar. It was also decided by the companyrts that the present appellant was number entitled to the part of the land out of the land allotted to him in question. Once it is found that present appellant was entitled to have allotment in his name, the allotment had been cancelled, he admittedly has numberlocus standi number to challenge the fact that Smt. Whether the suit is beyond limitation ? The said Mangal Singh died, whereafter a report was made by the village Patwari on or about 31.3.1978 to the effect that he had died intestate without any heir. Against the said cancellation order dated 24.8.1979 made in favour of the 1st Respondent, an appeal was preferred by the appellant herein before the Board of Revenue. The name of the 1st Respondent was ultimately directed to be mutated by order dated 31.5.1993 by the Board of Revenue. A mutation proceeding was also initiated for mutating the name of the 1st Respondent which was also companytested by the appellant. In the said suit, having regard to the pleadings of the parties thereto the following three issues were framed Whether the dispute of the civil suit in question had already been decided and adjudicated upon by the companyrts and whether it is hit by the principles of res judicata ? The Board of Revenue by its order dated 28.11.1985 while maintaining the said order of cancellation of allotment observed that 1 the order was passed behind the back of the party i.e. An additional issue was framed on 10.8.1999 by the trial companyrt, as regards the jurisdiction of the Civil Court to try the said suit. The real companytroversy was with regard to the same property and the same parties were litigating throughout. The present plaintiff despite having lost two times on the same issue in regard to same property is still dropping the petitioner in the third round of litigation in the civil suit for declaration as mentioned above. The appellant herein questioned the said order of the Board of Revenue before the High Court by way of filing a writ petition which was marked as S.B. Civil Writ Petition No.2274 of 1985 which was dismissed. Being aggrieved by and dissatisfied therewith, the appellant filed a civil revision application before the High Court as regards the legality of the order of the trial companyrt framing the 4th issue. This issue was also substantially involved in the revision petition. By an order dated 24.10.2000, the said civil revision application was allowed by the High Court. Civil Special Appeal Civil No.191 of 2001 was dismissed by a Division Bench of the High Court by order dated 4.12.2001 holding We find that in the facts of the case, the learned Single Judge has rightly applied the principle of companystructive res judicata. A letters patent appeal filed by the appellant herein being D.B. An application for review was filed there against by the appellant but the same was also dismissed by order dated 14.6.1999. B. SINHA, J Leave granted.
| 0 |
train
|
2002_740.txt
|
During the said period he got himself involved in a prosecution along with some of his companyemployees of the same bank for defrauding the bank to the tune of about Rs.2 lakhs. Appellant then moved the High Court to have the companyviction also suspended. One of the causes spearheaded by him before the High Court was the order of dismissal passed by the bank authorities against him on the premise of the companyviction. When he was posted at the Mewa Mandi Amritsar branch of the bank he was put in charge of the current account. By the said observation this Court did number mean that the companyviction and sentence passed by the trial companyrt would remain in limbo automatically when they are challenged in appeal. The sentence has been suspended by the High Court during the pendency of the appeal. It is against the said companyviction and sentence that he preferred the appeal before the High Court of Punjab and Haryana. Appellant was an officer of the Punjab National Bank. After the judgment was pronounced by the trial companyrt disciplinary proceedings were initiated against the appellant and on the strength of the companyviction mentioned above the authorities of the bank dismissed him from service. The High Court admitted the appeal and as mentioned earlier suspended the sentence passed on him. The said observation was made in a different companytext altogether when numberice of the executive government was drawn to the need to appoint requisite number of judges to companye up with the increased pressure on the existing judicial apparatus, and for highlighting the companysequences of number filling existing vacancies of judges in the High Courts. He made an endeavour to draw support for the said proposition from the following observations made by this Court in Smt. A Special Judge at Patiala companyducted the trial for such offences and at the end found the appellant and some of the companyaccused guilty for different companynts of offences. This appeal by special leave is in challenge of the order dated 7.2.2001 passed by the single Judge, by which the second petition to suspend the companyviction was dismissed. Undeterred by the said order the appellant once again moved the High Court for the same purpose, at a later stage, by supplying certain additional facts to the High Court for fresh companysideration of his plea for suspending the companyviction. After companypleting the investigation a charge sheet was laid against the appellant and his other companyemployees, for offences under Section 13 2 of the Prevention of Corruption Act, 1988 for short PC Act and Section 120, 201 and 420 of IPC. The Central Bureau of Investigation inquired into the matter. Another ground highlighted by him was that his appeal in the High Court was number likely to be boarded for hearing without the lapse of 10 years and that itself would defeat the ends of justice. The appeal of a public servant companyvicted and sentenced for companyruption charges is pending in the High Court. That motion was dismissed by a single Judge of the High Court on 1.8.2000, stating thus After giving due companysideration to the rival submissions of the learned companynsel for the parties, I am of the view that the relief prayed for cannot be allowed in this case. THOMAS, J. Leave granted.
| 0 |
train
|
2001_444.txt
|
out of the said charges of Rs.15/ per Sq.ft. 7/ per Sq.ft. was to be paid except for the months of August and September, 2009 for which a rebate of Rs.7 per sq. The petitioner has also claimed a sum of Rs.15 per sq. The case of the petitioner is that the respondent number1 has number paid a single rupee as maintenance charges and as per the terms of the lease deed, Rs.15/ per sq. The facts, shorn of unnecessary details, are that the petitioner Infinity Infotech Parks Limited is a lessee in the building known as INFINITY BENCHMARK, Bidhannagar, in the District of North 24Parganas, Kolkata. was to be given, meaning thereby that for these two months only Rs.8/ per sq. for the initial period of two months from the date of companymencement and thereafter with effect from 15th November, 2009 until the companypletion of one year the SubLessee shall pay at the rate of Rs.15/ per Sq.ft. per month as stated hereinabove. for a period of one year from the date of companymencement hereof and SubLessor shall give rebate at the rate of Rs. The petitioner claims Rs.7,29,240/ as lease rent from 01.02.2012 to 02.12.2019 which amount is number seriously disputed by the respondent number 1. No.541 of 2019 whereby it allowed the petition of the respondent number 1 herein and directed the petitioner herein to restore the electricity of the property occupied by the respondent number1 herein. The 16 th floor of the said building was divided into 3 offices. This petition is directed against the order passed by the High Court of Calcutta dated 31.07.2019 in C.O. Deepak Gupta, J. was to be charged.
| 0 |
train
|
2020_149.txt
|
Gopal Narain and Tula Ram were tenants of agricultural plots Nos. The objections filed by Gopal Narain and Tula Ram were companytested by the newly inducted tenants Sita Ram, Ram Kishan and Babu Ram. Gopal Narain and Tula Ram then filed Second Appeals Nos. A revision filed by Gopal Narain and Tula Ram before the Additional Commissioner was referred to the Board of Revenue. In the aforesaid decision, it was held that Gopal Narain and Tula Ram had been dispossessed by companyrcion and as such were entitled to reinstatement. She obtained surrender of these plots by companyrcion on 14th September, 1943 from the aforementioned Gopal Narain and Tula Ram. Gopal Narain and Tula Ram, in the meantime, filed two suits for ejectment of Sita Ram, Ram Kishan and Babu Ram under Section 202 of Zamindari Abolition and Land Reforms Act, 1951. Gopal Narain and Tula Ram in these circumstances filed objections before the Consolidation authorities companytending that they were hereditary tenants of the land in disputes and the surrender of land having secured from them by Smt. Gopal Narain and Tula Ram then started proceedings for their reinstatement over the land as early as in 1947 and these were finally decided by a Division Bench of the High Court in 1971 that they were dispossessed by companyrcion by Smt. The revision was, therefore, stayed and the application filed by Gopal Narain and Tula Ram under Section 27 2 of U.P. Kanchan Lal S o Sita Ram, Ram Kishan and Babu Ram have filed the present appeal by obtaining Special Leave from this Court. These proceedings were finally decided in favour of Gopal Narain and Tula Ram by a decision of Division Bench of Allahabad High Court in Special Appeal No. Aggrieved against the Judgment of the Board of Revenue, Ram Kishan, Babu Ram and Kanchan Lal S o Sita Ram since deceased filed a writ petition in the High Court. Rani Chauhan and were entitled to reinstatement. Rani Chauhan by means of companyrcion, they were entitled to reinstatement. Shrimati Rani Chauhan was landholder of these plots. Rani Chauhan as back as 14th July, 1943. Rani Chauhan on 9th December, 1944. 390/310 of 1974 75 in the Board of Revenue. Appeal filed against the order of the Revenue Officer was also dismissed by the Additional Commissioner, Allahabad. The reference companyld number be decided by the Board of Revenue as the village where the land in question was situated came under operation of companysolidation proceedings. Soon thereafter, the present petitioners were inducted as tenants by Smt. 154, 171 and 177 in Village Fatehpur Rai Saheb, Pargana Bhojpur, District Farrukhabad. Both the suits were dismissed by Revenue Officer by order dated 31st May, 1973. Before the Learned Single Judge an argument was raised that the Board of Revenue companymitted an error in decreeing the suits of the plaintiffs as the defendant petitioners had become Asami on 1st July, 1952 by operation of law, and the plaintiffs having failed to institute a suit within one year, the present suits filed in 1966 were barred by time. This application was dismissed by the Consolidation Officer and appeal filed against it was also dismissed. The Board of Revenue by a companymon Judgment allowed both the appeals, set aside the orders passed by the Learned Additional Commissioner and the Trial Court and gave a direction that the defendants shall be ejected from the land in dispute and possession shall be delivered to the plaintiffs appellants. 367 of 1967 dated 23rd April, 1971. The above companytention raised by the petitioners in the writ petition was number accepted by the Learned Judge and the writ petition was dismissed on 23rd May, 1978. This appeal by Special Leave is directed against the Judgment of the Allahabad High Court dated 23rd May, 1978. This litigation has a long chequed history, but we narrate the brief facts which are necessary for the disposal of this appeal. Kasliwal, J. We have heard learned Counsel for the parties at great length. Act X of 1947 was held to have abated. Admittedly, the above Judgment of the High Court has become final between the parties.
| 0 |
train
|
1989_434.txt
|
the judgment of the companyrt was delivered by oza j. in this petition the petitioner has challenged an order of penalty imposed against the petitioner by the wealth tax officer at the rate of 1/2 per cent of the total wealth assessed for every month of default and out of seven months default a penalty imposed was for four months equal to rs. this order of the wealth tax officer was maintained by the appellate assistant companymissioner. the petitioner had sought for extension of time for three months which was granted and thereafter filed the return four months after the period extended by the wealth tax officer. l. rathi and a. subba rao for the petitioner. it appears that during the pendency of the appeal before the 4th respondent the petitioner filed a writ petition in the high companyrt of andhra pradesh challenging the companystitutional validity of section 18 1 a of the wealth tax act 1957 as amended by the finance act 1969 on the ground that it infringes articles 14 and 19 1 f of the companystitution. thereafter the petitioner has filed the present petition challenging the provisions companytained in section 18 1 a on the ground that it is invalid as unconstitutional because it infringes the right of the petitioner under articles 14 and 19 1 f of the constitution of india. that petition was dismissed by the division bench of the andhra pradesh high companyrt on the ground that the petitioner has number exhausted the alternative remedies available to him under the act. c. manchanda k.c. original jurisdiction writ petition number 75 of 1972.
under article 32 of the companystitution of india. dua and ms.
a. subhashini for the respondent.
| 0 |
test
|
1986_117.txt
|
the companytroversy is about scientists s 2 and s 3. 1500 2000 the scientists of the icar who were earlier companyered by the third pay companymission pay scales had been demanding parity in pay scales with the employees of the agricultural universities who were also financed by the icar. so far as the lowest grade of scientist is concerned which has been named as experimental scientist in the impugned numberification is a dying cadre. iv dated 9th march 1989.
rao companymittee which was set up by the government to go into the pay scales of ars scientists had recommended the application of the ugc scales to the ars scientists. sharma and dr.
modi in the case of scientist s 2.
sheo raj came to be appointed as a scientist s 3 on 6.12.1979 while dr.
sharma came to be appointed as scientist s 3 as late as on 1.1.1985.
admittedly on 31.12.1985 both were in the scale of rs. v.rao companymittee after companysidering the facts that the icar has the role of ugc in agricultural education recommended that the icar being an apex organisation in the companyntry for agricultural education research and extension should have the pay scales at least at par with the state agricultural universities. number so far as 8 scientist s 1 is companycerned he has been given the revised pay scale of rs.2200 4000 and there is numbercontroversy about it. rao companymittees recommendations were accepted by the central government and a policy decision was taken on 13.10.1988 to the effect that ugc package may be extended to icar scientists engaged in teaching research and extension. number on the basis of the impugned numberification dr.
4500 7300 as principal scientist while dr. after persistent demand the icar agreed to revise the pay scales with effect from 1.1.1986 vide numberification number1 14/87 per. the judgment of the companyrt was delivered by kasliwal j. the appellants who are scientists working in various institutes under indian companyncil of agricultural research in short icar throughout the companyntry have filed this appeal against the order of the central administrative tribunal new delhi dated 5.10.1990.
some of the appellants had filed a writ petition number 550 of 1990 before this companyrt under article 32 of the companystitution challenging the numberification issued by the icar dated 9.3.1989 and for other connected reliefs. 1100 1600 prior to the introduction of the revised pay scales by the impugned numberification dated 9.3.1989.
but the admitted position is that such posts of scientists s 2 and s 3 were also filled by direct recruitment from public as well as by merit cum seniority from amongst the members of the agricultural research service. the tribunal treated the aforesaid application as having been filed in representative capacity of s 2 and s 3 officers of the icar pursuant to the directions of the supreme companyrt in its order dated 3.5.1990. so far as the recommendations of the aforementioned expert companymittees are companycerned learned counsel for the appellants pointed out that numbere of the recommendations made by such companymittees laid down any criteria of 8 years or 16 years of service for giving higher pay scales in the case of incumbents holding the same s 2 or s 3 grade in the icar. in pursuance to the above order dated 3.5.1990 some of the appellants filed an application number 1510 of 1990 under section 19 of the administrative tribunals act before the central administrative tribunal principal bench delhi. this companyrt disposed of the said writ petition by order dated 3.5.1990 in the following manner the main relief which the petitioners ask for in this writ petition is about revision of pay scale and other companynected service benefits. number 1510 of 1990.
k. ramamurthy raj kumar mehta and ms.
mona chakraborty for the appellants. sikri and ms.
madhu sikri for the respondents. civil appellate jurisdiction civil appeal number 2736 of 1991.
from the judgment and order dated 5.10.1990 of the central administrative tribunal new delhi in o.a. k. jain arun jaitley mahesh srivastava vishnu mathur a.k. the respondents in their companynter affidavit have admitted that s 1 s 2 and s 3 are equivalent to that of lecturer reader and professor respectively. this petition is allowed to be withdrawn.
| 1 |
dev
|
1992_520.txt
|
The Rent Controller overruled the objection so raised and the appeal preferred by Respondent 2 against the order of the Rent Controller was dismissed by Rent Control Tribunal. He further companytended that he was a bona fide transferee and that he did number know about the earlier eviction proceeding initiated against the erstwhile tenant. On such revival the appellant filed an application under Section 144 of the Code of Civil Procedure before the Rent Controller for restoration of his possession which was allowed by an order dated May 13, 1977 and warrant for possession was issued. In arriving at its companyclusion that as a bona fide transferee Respondent 2 companyld number be evicted from the suit premises numberwithstanding the order for restitution of possession passed in favour of the appellant the High Court equated the status of Respondent 2 with that of a bona fide purchaser in an auction sale. In February 1971 Smt Jaswant Kaur, Respondent I herein, initiated legal proceeding before the Rent Controller for eviction of her tenant, the appellant herein, and in execution of the ex parte order passed therein obtained possession of the suit premises in October 1971. However, in appeal the ex parte order of eviction was set aside by the Rent Control Tribunal and the proceeding for eviction filed by Respondent I was revived. Before, however, possession companyld be taken pursuant thereto, Respondent 2 filed an objection before the Rent Controller companytending that in terms of an agreement he had arrived at with Respondent I he took possession of the suit premises on May 1, 1973 as a tenant under her. Immediately thereafter the appellant filed an application under Order 9 Rule 13 of the Code of Civil Procedure which was dismissed by the Rent Controller. Thereafter he moved the Delhi High Court by way of a second appeal which was allowed on the ground that as a bona fide transferee Respondent 2 had independent right to occupy the suit premises and his right companyld number be disturbed either in equity or in law under Section 144 of the Code of Civil Procedure. Consequently, he companytended, he was number liable to be dispossessed pursuant to the warrant of possession. Hence, this appeal by the original tenant. The Judgment of the Court was delivered by MUKHERJEE, J.
| 1 |
train
|
1994_149.txt
|
Charandas Haridas was the Karta of the Hindu undivided family companysisting of his wife, three sons and himself. Charandas Haridas represented his wife, three sons and himself, and Chinubhai Haridas represented his wife, son and himself. We will, therefore, companyfine ourselves to a statement of the facts relating to Charandas Haridas only. The balance together with the shares in the other managing agencies was divided into five equal shares between Charandas Haridas, his wife and sons. In the assessment years 1947 48 and 1948 49, Charandas Haridas claimed that the income should numberlonger be treated as the income of the Hindu undivided family but as the separate income of the divided members. The Income tax Officer declined to treat the income as any but of the Hindu undivided family, and assessed the income as before. By that agreement Charandas Haridas gave an one pie share to his daughter, Pratima, in the managing agency companymission from two of the six managing agencies held by the family. In previous years, the income received by him as partner in these managing agencies was being assessed as the income of the Hindu undivided family. The appellants are two assessees, Charandas Haridas and Chinubhai Haridas, whose cases are identical, and, in fact, there was a companysolidated reference by the Income tax Appellate Tribunal, which was answered by the High Court by its judgment. On December 31, 1945, Charandas Haridas acting for his three minor sons and himself and Shantaben, his wife, entered into an oral agreement for a partial partition. The only difference is in the shares held respectively by the two Hindu undivided families in the managing agencies to be hereafter mentioned. The two appellants represented two units of Hindu undivided families. It further held that the document was a farce , and did number save the family from assessment as Hindu undivided family. Leave to appeal to this Court was refused by the High Court, but Charandas Haridas applied to this Court and obtained special leave, and the present appeal was filed. On September 11, 1946, Charandas Haridas acting for himself and his minor sons, and Shantaben executed a memorandum of partial partition in which the above facts were recited, the document purporting to be a record of what had taken place orally earlier. The respondents are respectively the Commissioner of Income tax, Bombay North, Kutch and Saurashtra and the Commissioner of Income tax, Delhi, Ajmer, Rajasthan and Madhya Bharat. He was a partner in six managing agency firms in six Mills. An appeal to the Appellate Assistant Commissioner was un.successful, and the matter was taken to the Income tax Appellate Tribunal. This is an appeal with the Hid special leave of this Court against the judgment and order dated February 16, 1955, of the High Court of Bombay in an Income tax Reference under s. 66 2 of the Indian Income tax Act. Appeal by special leave from the judgment and order dated February 16, 1955, of the Bombay High Court in Income tax Reference No. In stating the facts relative to the two families, it will number be necessary to give them separately, because the question which was answered by the High Court in the judgment under appeal arose in identical circumstances in the two families. 35/x of 1954. V. Viswanatha Sastri, B. K. B. Naidu and I. N. Shroff, for the appellants. K. Daphtary, Solicitor General of India K. N. Rajagopal Sastri and D. Gupta, for the respondents. This agreement was to companye into effect from January 1, 1946, which was the beginning of a fresh accounting year. The Judgment of the Court was delivered by HIDAYATULLAH, J. 108 of 1957. CIVIL APPELLATE JURISDICTION Civil Appeal No. March 15.
| 1 |
train
|
1960_83.txt
|
Industries is number the real income of the assessee, but of Sunil Jivanlal Kinariwala Trust and as such assessable only in the hands of the trust? Industries belongs to Sunil Jivanlal Kinariwala Trust and the income arising therefrom belongs to the said trust by overriding title? Industries has been validly assigned to Sunil Jivanlal Kinariwala Trust under the deed of trust dated December, 27, 1973, and whether the income arising therefrom belongs to the said trust by way of overriding title? Whether, on the facts and in the circumstances of the case, fifty per cent, out of the assesseee s ten per cent, share in the firm of Messrs. Kinariwala R.J.K. 20, 141 being the profits referable to 50 per cent, out of the assessee s right, title and interest often per cent, in the partnership firm of Messrs. Kinariwala R.J.K. The assessee, a partner in the partnership firm, known as M s. Kinariwala J.K. Industries, Ahmedabad, for short, the firm was having ten per cent share therein. On December 27, 1973, he created a Trust named Sunil Jivanlal Kinariwala Trust by a deed of settlement assigning fifty percent out of his ten per cent right, title and interest excluding capital , as a partner in the firm, and a sum of Rupees five thousand out of his capital in the firm in favour of the said Trust. 20, 141/ which stood transferred to the trust under the settlement, be excluded from the total income of the assessee. There are three beneficiaries of the Trust the assessees brothers wife, assessees niece and the assessees mother. 191 of 1980 dated 29th October, 1993 Sunil J. Kinariwala v. Commissioner of Income Tax, reported in 1995 211 I.T.R. In the Assessment Year 1974 75, he claimed that as fifty per cent of the income attributable to his share from the firm, stood transferred to the Trust resulting in diversion of income at source, the same companyld number be included in his total income for the purpose of his assessment. At the instance of the Revenue, the Income Tax Appellate Tribunal for short, the Tribunal referred the following questions, under Section 256 1 of the Income Tax Act, 1961 hereinafter referred to as the Act , for the opinion of the High Court Whether, on the facts and in the circumstances of the case, 50 per cent out of the assessee s ten per cent, right, title and interest in the partnership firm of Messrs. Kinariwala R.J.K. The Income Tax Officer rejected the claim on the view that it was a case of application of income and number diversion of income at source he also found that Section 60 of the Act was attracted as only income without transfer of asset was settled. Against the order of assessment, the assessee appealed before the Appellate Assistant Commissioner of Income Tax who allowed the appeal directing that a sum of Rs. The High Court, relying on the judgements of this Court in Commissioner of Income tax, Madras v. Bhagyalakshmi and Co. 1965 55 I.T.R. 1 to 3 were answered in the affirmative, in favour of the assessee and against the Revenue. 1899 of 2002 This appeal, by the Revenue, is directed against the judgment of the Division Bench of the High Court of Gujarat in Income Tax Reference No. Thereafter, the Commissioner cancelled the registration of the partnership firm under the Act on the ground that it did number specify the companyrect shares of the said two persons in the partnership. However, on appeal by the Revenue, the Tribunal reversed the order of the Appellate Assistant Commissioner. 660 and Murlidhar Himatsingka and Anr. Thereafter, the Revenue woke up and challenged the said judgement by filing the present appeal. By order of this Court dated December 3, 2002, they were re framed as Question No.1. 2002 Supp 4 SCR 650 The Judgment of the Court was delivered by SYED SHAH MOHAMMED QUADRI, J. That companytention was upheld by the Tribunal. Thus the afore mentioned questions of law came to be referred to the High Court by the Tribunal. In some of those cases, special leave petitions were filed but they were dismissed on the ground that the main judgement of the High Court was allowed to become final. 127. That is how, the appeal came to be filed and is before us. The fact which gave rise to these questions may be numbericed here. Civil Appeal No.
| 1 |
train
|
2002_825.txt
|
Shinde Buckle No. Although identification parades in Byculla Police Station were arranged by S.E.M. So also Police companystable Shinde and Gaikwad changed their uniforms. Singh arranged an identification parade and in that parade six dummies and one suspect were introduced. Memorandum of identification parade prepared by R.D. Head Constable Chandrakant Pamji Khopkar Buckle No. Police companystable Gaikwad reported the incident to the police companystable on duty in the hospital who immediately reported the incident to Byculla Police Station. It is also admitted that it was at the instance of Police Inspector Wahule, the Special Executive Magistrate arranged the identification parade at the police station. On 7.11.93, the police requested Special Executive Magistrate for holding identification parade. Singh held another identification parade. 414 and the third Police companystable Buckle No. Constable Shinde PW 2 and companystable Gaikwad PW 11 identified accused Jafar Mohd Ismail Sayyad. 27252 , Police companystable Rahul Hanumant Gaikwad Buckle No. Thereafter, on 25.11.93 again, the police requested Special Executive Magistrate to arrange identification parade and inducted appellants in the parade. Police companystable Shinde PW 2 identified appellants Shaikj Umar Ahmed Shaikh and Mohd. In the said identification parade, Police companystable Shinde PW 11 is said to h ave identified appellant number. The memorandum of identification parade prepared by the Special Executive Magistrate is Ex. The third companystable Buckle No. 46 along with Hear Constable Khopkar. In fact, on the date of identification parade, the accused persons, who were later on introduced in the parade, were in the custody of Police Inspector, Wahule. Admittedly, two eye witnesses, Police Constables Gaikwad and Shinde when they went to the police station, companytacted Police Inspector, Wahule and remained with him. Accused Jafar Mohd. Naim Mohd. It was asking of Police Inspector Wahule, police went to companylect the persons. 17481 was in charge of the police companystable S.P. The eye witnesses companystables Gaikwad and Shinde alleged to have identified the accused persons. In that parade 18 dummies and 6 suspects were introduced. Thereafter Head Constable Khopkar and the other three companystables left Ward No. On receiving the information the police party went to the place of occurrence and took injured Khopkar to J.J. Hospital where Head Constable Khopkar after examination was declared dead. It was brought on record that, on 7.11.93, PW 5 Special Executive Magistrate had arranged identification parade wherein he held two separate parades. The purpose of filing of evidence of identification parade by the prosecution was to companynect the appellants and accused No. In both the parades Special Executive Magistrate introduced 22 dummies and 3 suspects at a time. On 15.1.94, accused Jafar Mohd. Head Constable Khopkar was walking ahead and from he distance of about 25 feet, companystable Gaikward and companystable Shinde were following him on their way to Byculla Railway Station in order to go to their respective houses. 12 of J.J. Hospital, companystable Shinde and companystable Gaikwad saw the mob of about 100 persons standing on the other side of the footpath of Sir JJ Road. Further, there was numbereffort on the part of the two Special Executive Magistrates to verify that persons so brought to the police station were under any obligation of Police Inspector, Wahule. When the police brought these persons to the police station, the Special Executive Magistrate did number verify as to whether the persons so brought are in any way companynected with police or in fact they are serving members of police force. 1 and 2 viz.,
Shaikh Umar Ahmed Shaikh and Mohd, Naim Mohd. On 4.11.93, the police arrested the two appellants herein and accused Mohd. At that stage, companystable Gaikwad and Shinde got frightened and therefrom they immediately took turn and went to JJ companyner and gave information to the police about the said incident. When Head Constable Khopkar came near the bus stop en route but Nos. The police subsequently obtained permission to apply the provisions of TADA and after companypleting the investigation the police prosecuted the accused persons under TADA. After recording the aforesaid finding, the Designated Court took the view that there being strong possibility of the suspects being shown to the witnesses who were police officers, the evidence of identification parade has numbervalue and therefore rejected it. Thereafter all those persons started stabbing Khopkar by means of choppers and knives, thereby Khopkar sustained severe wounds and bleeding and thereafter he companylapsed on the ground. Jafar Mohd Ismail Sayyed to the incident alleged to have taken place on 7.12.92. Ismail Sayyad was arrested and on 24.1.94, at the instance of police, the Special Executive Magistrate held another detification. The foremost question that arises for companysideration in this appeal is that, once the Designated Court rejected the evidence of identification parade, so far as they relate to the appellants, on the ground that there was strong possibility of the suspects being shown to the eye witnesses at the police station, companyld the appellants be companyvicted on the evidence of identification of these accused in the Court by the witnesses ? They further saw that 5 to 6 persons armed with choppers and knives suddenly crossed the road and came towards Head Constable, Khopkar. The prosecution examined two eye witnesses viz.,
companystables Gaikwad PW 2 and Shinde PW 11 , who are alleged to be the witnesses of scene of occurrence and identified the two appellants in the Court. Orhal and S.E.M Shri Singh, they took help of Police Inspector Wahule who was the Investigating officer for companylecting the panchas and the documents. In the present case, the prosecution examined two eye witnesses, viz.,
For the purpose for companyroboration of the evidence of the two eye witnesses, the prosecution relied upon the evidence of identification parades. Thereafter on 25.11.93, PW 6 Special Executive Magistrate R.D. At around 7.30 P.M., on the said day, when he next batch of police escort party arrived at the ward, Head Constable Khopkar handed over the charge to the next batch, and look out the uniform shirt and were a red companyoured shirt. 46 of the said hospital where undertruial of various criminal cases were usually kept for medical treatment, a police escort companysisting of one Head Constable and three companystables was being provided there from the police headquarters. 27231 went away from the J.J. Hospital premises. Ismail Sayyed, Mohd, Bilal and Liyakat Rasool Himayat Rasool Shaikh were acquitted for the offence punishable under sections 144, 149 and 302 IPC and under section 3 2 i ii of TADA. 46 and climbed down the building of the J.J. Hospital through gate No. Yasin Quershi. This criminal appeal under section 19 of the Terrorist and Disruptive Activities Prevention Act, 1987 hereinafter referred to as TADA , at t he instance of two appellants herein, viz.,
Shaikh Umar Ahmed Sahikh and Mohd, Naim Mohd. 27231 were on duty at Ward No. Ballal and Biyakat Rasool. Yasin Qureshi. Corner where they took turn and proceeded towards byculla Railway Station. In Ward No. Prosecution story in brief is, that on 7.12.92, the area where J.J. Hospital is situated was in the grip of companymunal riots as a result of which prohibitory orders were promulgated. Yasin Qureshir, is directed against the judgment and order dated 14.10.97 passed by the Designated Court, Greater Bombay, Maharashtra in TADA Special Case No. All the five accused were charged for the offence punishable under Section 140 IPC read with section 3 2 i ii of TADA and also under section 149/302 IPC. Thus, the two appellants, including the three other accused, came to be prosecuted. 500/ each, in default to suffer R.I. for six months. 500/ each, and in default to further suffer R.I. for six months. Shri Y.N. All the accused pleaded number guilty to the charge. It is, in this way, this appeal has companye before us. Singh is Ext. The appellants have also been companyvicted and sentenced to life imprisonment for the offence punishable under sections 302/149 IPC and sentenced to pay a fine of Rs. 3, i.e. 6 and 7 in front of gate No. J U D G E M E N T N. KHARE, J. 9 and reached at J.J. Both the substantive sentences were directed to run companycurrently. By the impugned judgment the appellants in the Court.
| 1 |
train
|
1998_1092.txt
|
prithvi raj and mrs.
he further alleged that when six vacancies in the post of stenumberrapher in hindi were advertised to be filled up and he offered himself as a candidate he was examined in shorthand test on april 17 1982 and was shown in the third place in the list of successful candidates published on april 24 1982 and was called to an interview on may 1 1982.
according to him in the final list of successful candidates his position was shown as number 7 and therefore he was number selected. in the return to the rule the additional district judge of ghaziabad has indicated that the petitioner had secured eighth place in shorthand test and his name figured as number 3 in the list of successful candidates as it has been drawn up in alphabetical order. he complains that he was downgraded from the third place without justification and if the government order of reservation of 18 had been kept in view he should have been selected even if he secured the seventh place in the merit list. at the interview he improved his position and was ultimately shown as number 7.
it is number the case of the answering respondent that reservation indicated in government order of 1965 was number applicable to the relevant recruitment and the assertion of the petitioner that in the previous years provision of reservation was implemented has also number been disputed. original jurisdiction writ petition number 4007 of 1982 under article 32 of the companystitution of india k. jain for the petitioner. 5 13 reserved for scheduled castes.
| 1 |
test
|
1983_108.txt
|
mridul b.p. r. mridul b.p. on october 10 1973 the food inspector purchased a sealed bottle of honey from the super bazaar at the ina market. 1 dated 23rd april 1972 issued by the government of india in the ministry of agriculture department agriculture the services of the appellant who was a joint companymissioner state liaison in that ministry were placed at the disposal of the department for his appointment as the general manager super bazaar companynaught place new delhi with effect from april 7 1972 on which date he took over charge as general manager. at the request of the managing committee of the society the government of india extended the period of his deputation for a further period of one year with effect from april 7 1973.
on companypletion of his period of deputation the appellant reverted as joint secretary in the ministry of agriculture. on being summoned by the metropolitan magistrate delhi to appear before him as an accused the appellant raised a preliminary objection that the taking of companynizance of the alleged offence by the magistrate was barred under s. 197 of the companye of criminal procedure 1973 for want of sanction of the central government since the act companyplained of was numberhing but an act done by him in the discharge of his duties as a public servant. the metropolitan magistrate delhi by his order dated october 9 1974 rejected the objection holding that the appellant at the time of companymission of the alleged offence was number a public servant within the meaning of cl. m 212 of 1974 mukherjee and o.p. the judgment of the companyrt was delivered by sen j. this appeal by special leave from a judgment of the delhi high companyrt upholding an order of the metropolitan magistrate delhi raises a question of some public importance. by numberification number 27 942 estt. criminal appellate jurisdiction criminal appeal number 520 of 1976.
appeal by special leave from the judgment and order dated the 17th september 1975 of the delhi high companyrt in criminal misc. maheshwari and suresh sethi for the respondents. the appellant is a member of the indian administrative service. sharma for the appellant.
| 0 |
dev
|
1981_184.txt
|
The petitioner was the sole beneficiary of a registered Will dated 15.12.1986 executed by his aunt Mrs. Lissa Jos Arakal owner of a flat No. 5, Ashiana Apartment, Pitam Pura, Delhi. Out of love and affection towards the petitioner she executed a Will on 15.12.1986 bequeathing her entire rights in respect of the said flat in favour of the petitioner. The petitioner received a letter in August 1993 from the Secretary of M s Loyola Co operative Housing Society, Ashiana Apartments, Road No. 41, Pitam Pura, Delhi stating that the companymittee of the Society had decided number to hand over the flat to him without any companyrt direction. 1 is an Indian Christian and a citizen of India. Petitioner No.2 is a Catholic Association of Dakshina Kannada, Karnataka. The petitioner also informed the Society number to transfer the said flat to any one else other than himself. She was a Christian and she remained unmarried till her death. She died on 9.8.1991 at Lourdes Hospital, Kochi. 137 of 1997, petitioner No. Barley Arakal is the numberinee of the testatrix as per their record and as such since there is a dispute regarding the property the status quo will be maintained until further orders. However, he received a reply from the Society stating that Mr. He has been in the legal profession for about 48 years, and on account of experience gained in having appeared in many probate cases and had occasions to obtain probate of his fathers Will, his experience has made him decide to file this writ petition. These two writ petitions have been filed challenging the validity of Section 213 of the Indian Succession Act, 1925 hereinafter referred to as the Act as unconstitutional and to restrain the Union of India from enforcing the provisions thereof against the Indian Christians. J U D G M E N TLITTTTTTTJ RAJENDRA BABU, J. In Writ Petition C No.
| 0 |
train
|
2001_810.txt
|
The relevant bye law for assessment of general sanitary cess is bye law No. The relevant bye law for assessment of lightning rate is bye law No. Bye law No. The draft bye laws were called Indore Municipal Corporation Draft Drainage Tax Assessment, Collection, Refund Bye laws 1973 hereinafter referred to as the Draft Drainage Tax Bye laws, 1973 . There is thus a distinction between general sanitary cess on the one hand and drainage tax and lightning rate on the other. The draft bye laws for the general sanitary cess are called the Indore Municipal Corporation General Sanitary Cess assessment, companylection and refund Bye laws, 1973 hereinafter referred to as the Draft General Sanitary Cess Bye laws, 1973 . The proposed bye laws in relation to drainage tax are at pages 97 to 99 but the final bye laws in relation to drainage tax were number filed with the appear book. The General sanitary cess had been introduced by the Indore Municipal Corporation w.e.f. But the final bye laws in relation to drainage tax came to be published only on 12.2.1976 from which date they became enforceable and as translated are called Indore Municipal Corporation Drainage Tax Assessment, Collection and Refund Bye laws, 1975 hereinafter referred to as the Drainage Bye laws 1975 . The position thus boils down to this that the bye laws in relation to lightning rate came into force on 24.5.1974, general sanitary cess on 9.1.1976 and drainage tax on 12.2.1976. It appears that before the aforesaid bye laws were made effective in relation to drainage tax the resolution No. They are called Indore Municipal Lightning Rate Assessment, Collection and Refund Bye laws 1974. 4 thereof companytemplates that the assessment of drainage tax on the annual letting value of any building or land at the rate of Rs. Assessment of annual value and duration of assessment. The drainage tax was, however, levied by the Corporation w.e.f. The basis for companyputing these taxes is given in the bye laws but the bye laws become effective only on their publication in the Gazette. We will first numberice the factual position about the various bye laws and the resolution passed by the Municipal Corporation in relation to these taxes and the cess. 10376 of 1981 the learned division bench was companycerned with the legality of the demand for drainage tax and lighting rate, general sanitary cess and the validity of graduated flat rate. The drainage tax and the lighting rate came into force on 1st April, 1971. The division bench, however, upheld the demand for drainage tax and lightning rate as well as graduated flat rate. The Draft General Sanitary Cess Bye laws 1973 appear at pages 115 to 119 of the paper book of the S.L.P. The basis for determination of the annual rental value was stated to be the annual property value assessed by the Municipal Corporation or State Government from time to time and the drainage tax shall be imposed on same basis. So far as the drainage tax is companycerned, there were numberbye laws till 12.2.1976. No resolutions giving option of basis for assessment on either of annual letting value fixed by the Corporation or State were passed for imposition of general sanitary cess. The lightning tax was directed to be imposed on same basis. It was held that the drainage tax and lightning rate under the Act is to be assessed in accordance with the annual letting value determined under Section 138 of the Act and that the assessment of the said rate and tax with reference to the annual value determined under the Adhiniyam was illegal and companysequently the bill served on the writ petitioner was liable to be quashed. Thus the Corporation while providing the system of assessment for various taxes can propose a basis but after the bye laws provided the system of assessment, the Corporation has to abide by that system of assessment. v. The Indore Municipal Corporation and Ors. The Government levied the property tax under the Adhiniyam whereas the Municipal Corporation levied it under the Act. At the time when these taxes were imposed the Corporation was prohibited from imposing properly tax and the annual letting value of the building or land was thus number being determined under the Act for levying property tax. The assessment under these bye laws is to be made on the basis of the annual letting value of any building or land at the rate of 2 per cent prepared in accordance with the provisions of Section 138 of the Act. Thus before the bye laws became effective the resolutions of the Corporation Administrator held the field. Consequently, the division bench quashed the demand for general sanitary cess. We have already referred to the proposals that were finally approved by the Administrator for imposition of these taxes as well as the rate of such taxes and also the basis being the annual letting value as determined by the Corporation of the State Government for imposition of property tax from time to time. The general sanitary cess had been levied at the rate of 2 per cent on the annual letting value of the house property under Section 132 1 c of the Act which enabled the Corporation to impose general sanitary cess for the companystruction and maintenance of public latrines for the removal and disposal of refuse. The division bench found the general sanitary cess in force w.e.f. 855 dated 8.2.1974 annexure H to the writ petition in relation to general sanitary cess made by the Indore Municipal Corporation from the writ petitioner No. The basis of rental value was to be determined from the annual rental value assessed by the Municipal Corporation of State Government from time to time. The proposal had mentioned that the drainage tax shall be levied at the rate of 1 1/2 per cent after deducting 10 per cent as maintenance charges on the basis of annual letting value. Similarly, in relation to lighting rate the Corporation passed the resolution No. The demand for lightning rate and drainage tax had been made on the basis of annual letting value of the writ petitioners property calculated in accordance with the annual letting values prepared by the State Government under the provisions of Madhya Pradesh Sthawar Sampatti Kar Adhiniyam, 1964 hereinafter referred to as the Adhiniyam and number in accordance with the mode prescribed in Section 138 of the Act even though those taxes have been imposed under Section 132 of the Act. 925 dated 10th march, 1970 was passed by the Corporation proposing to levy drainage tax at a particular rate on a particular basis. when the objections received to the proposal were companysidered and it was decided to impose the drainage tax as per the order of the Corporation vide resolution No. The final bye laws in relation to general sanitary cess, however, came to be published in the prescribed manner only on 9th January, 1976. The general sanitary cess were enforced from 1.4.1973 but the byelaws in relation thereto were finally approved and published only on 9.1.1976. but the final bye laws as published in the Gazette on 9.1.1976 are number part of the paper book. In the aforesaid bill dated 26th October, 1971 the demand related to lightning rate and drainage tax for the year 1971 72 see page 30 of the paper book and demand numberice dated 14.8.1973 inter alia related to lightning rate and drainage tax in respect of arrears and current dues up to 31.3.1974 see page 36 37 of the paper book . The annual letting value of the house property was the base for calculation of the cess from the property owner and in this case also the annual letting value on the basis of which the demand was made was in accordance with the provisions of the Adhiniyam and number in accordance with the mode prescribed under Section 138 of the Act even though the cess had been imposed under Section 132 1 c of the Act. 2377 of 1980. So from 1st April, 1976 the Municipal Corporations are alone recovering the property tax within their local areas. The petitioners in this Special Leave Petition have challenged the decision relating to drainage tax, lighting rate and graduated flat rate and have relied upon the decision of learned Single Bench which is the subject matter of C.A. It may be mentioned that from 1964 to 31st March, 1970 the property tax was levied both by the Government and the local bodies such as the Municipal Corporation. 2377 of 1980 the order impugned, on behalf of the respondents in the writ petition, was a bill dated 26th October, 1971 filed as annexure J to the writ petition and a demand numberice dated 14.8.1973 filed as annexure M to the writ petition by which a demand for payment of lighting rate and drainage tax had been made by Indore Municipal Corporation from petitioner No. 1.50 per cent or such rate as may from time to time be fixed by the Corporation in accordance with the provisions of Section 138 of the Act and the assessment shall be done in the manner laid down for assessment of property tax in Sections 139 to 159 of the Act. This position companytinued till 1st April, 1976 when the Corporation again got the power to impose property tax. 50 of 1976, Section 36 was deleted from the Adhiniyam and the areas within the Municipal Corporation limits were taken out from the operation of the Adhiniyam. The resolutions of the Corporation companyld thus hold the field by providing a method of assessment till 12.2.1976. For appreciating the points involved in the cases it will be necessary to refer to the relevant provisions of the Act and the bye laws framed under the Act and the provisions of the Adhiniyam. The annual value of any land or building situate within the city as determined under the Madhya Pradesh Nagariya Sthawar Sampatti Kar Adhiniyam, 1964 No. 2377 an 2379 of 1980 and S.L.P. 2377 and 2378 of 1980 have been filed against two separate judgments of the learned Single Judge of the Madhya Pradesh High Court dated 2.3.1979 by the Indore Municipal Corporation. The bye laws in relation to lighting rate were published by a Notification dated 18th April, 1974 in the Madhya Pradesh Gazette dated 24th May, 1974 and came into effect from date of publication. 926 dated 11th March, 1970 proposing to impose lighting rate at the rate of Rs. From 1st April, 1971 to 31st March, 1976 the State alone recovered the property tax as a prohibition for local bodies from imposing property tax was introduced in Section 36 of the Adhiniyam by Act No. We may number deal with the decision of the division bench in relation to the imposition of water rate known as graduated flat rate. 14 of 1964 or the rules made thereunder, and in force for the purpose of that Act immediately before the 1st day of April, 1976 shall be deemed to be the annual value for the assessment of property tax on such land or building under this Act, until such time as the Commissioner makes a fresh valuation and determines annual value under this Act of the land and buildings therein and the annual value of such land or buildings shall remain unchanged for a period of one year and may be revised thereafter by the Commissioner at the termination of successive period of one year. Cloth Market Merchants Association against the Indore Municipal Corporation and others against the judgment of a division bench of the High Court dated 25.7.1981 in Miscellaneous Petition No. 2377 of 1980 was passed in Civil Miscellaneous Petition No. 2378 of 1980 was passed in Miscellaneous Petition No. 0.40 p. on the remaining amount of letting value after deducting 10 per cent maintenance charges from it. The learned Single Judge quashed the demand on the ground that the basis of the demand were illegal. The Commissioner may, instead of making a new assessment every year, adopt the existing assessment, with such alteration as he thinks fit, as the assessments for each new year, giving to persons affected by such alterations the same numberice of the altered valuation and assessment as would have been required if a new assessment had been prepared. 2378 of 1980 but dissented from the decision of the same learned Single Judge, which is the subject matter of C.A. They appear at pages 115 to 119 of the paper book of the S.L.P. C 10376 of 1981. 25, Mohalla Vallabh Nagar, Indore for the period companymencing from 1971 72. In C.A. 2378, was passed by the learned Single Judge where the writ petition was filed to quash a demand No. 121, Mahatma Gandhi Road, Indore for the period companymencing from 1973 74. 172 of 1980. The division bench in the impugned judgment approved the decision of the Single Judge which is subject matter of C.A. 24.8.1973 till 31st March, 1976 to be illegal. On this ground the aforesaid demands made in annexure J M as filed in the writ petition was quashed by the learned Single Judge. 1.4.1973. On the same basis the impugned order dated 2.3.1979 in C.A.No. 492 dated 26.10.1970 by the Administrator. By the Act No. The impugned order in C.A. and the impugned order in C.A. The S.L.P. 253 of 1974 filed by the Madhya Pradesh Awas Samasya Nivaran Sanstha and Anr. In the impugned order passed by the division bench, which is the subject matter of the S.L.P. 10376 of 1981 has been filed by M s. M.T. 491 dated 26.10.1970? Consequently, the division bench partly allowed the writ petition. C , No. This resolution was companyfirmed by order No. This order will dispose of C.A. 924 dated 10th March, 1970. 3 of 1971. With effect from 1.4.1976 Section 143 was added to the Act which provides as under Section. 781 of 1974 filed by Gujarati Co operative Housing Society Ltd. and Anr. To the extent the division bench declined the relief, the petitioners have filed the Special leave Petition. 2, Gaya Prasad Sahu in the writ petition in respect of house No. Yogeshwar Dayal, J. C No. 1.4.1971. Heard. Special Leave granted.
| 1 |
train
|
1991_552.txt
|
32 of 1950. A companymunal riot broke out at Katni on the 5th of March, 1950, between some Sindhi refugees resident in the town and the local Muslims. and Hidayat Ullah J. in Criminal Appeal No. Sharif, Nuruddin Ahmad and Shaukat Hussain, with them for the appellant. 251 of 1950 arising out of Judg ment dated the 2nd August, 1950, of the Court of Sessions Judge, Jabalpur, in Sessions Trial No. Appeal by SpeciaI Leave from the Judgment and Order dated the 26th September, 1950, of the High Court of Judicature of Nagpur Herneon Acting C.J. P. Sinha and M.Y. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 50 of 1951. March 20. The main question in this case is whether there is a right of private defence. Gopal Singh for the respondent. The Judgment of the companyrt was delivered by BOSE J. Most of the facts are number in dispute.
| 1 |
train
|
1952_18.txt
|
Ansari. Dr. Jalees Ansari went to Delhi from there. There I met Dr. Jalees Ansari, Tahir and Saleem. P 230 was sent by A1 Dr. Jalees Ansari to this accused and Ext. He agreed to the suggestion of Dr. Jalees Ansari. Dr. Jalees Ansari told me that as per his plans for causing bomb blasts in trains on 6.12.1993. Jalees Ansari, A 11 Mohd. Dr. Jalees Ansari asked me to accompany Mohd. After few days ,Dr. Jalees Ansari and Saleem came to me. P 159 of Dr. Jalees Ansari bears telephone No. Dr. Jalees Ansari asked me to provide Rs. Later, Dr. Jalees Ansari asked me to take up the responsibility of carrying out the bomb blasts in Rajdhani Express trains in UP. Dr. Jalees Ansari then offered to give Rs. In his companyfessional statement the accused stated about his association with A1 Jalees Ansari. During my talk with Dr. Jalees Ansari, I came to know that bomb blasts in Rajdhani Express train near Kanpur and A.P. Accordingly, the Designated Court discharged A1 Dr. Jalees Ansari from Bombay Bomb Blasts case. A1 Dr. Jalees Ansari was again produced the next day i.e. Dr. Jalees Ansari told that even than try to get it . Dr. Jalees Ansari enquired from me as to where the bomb blasts were number of high intensity as numberperson had been killed. After a few days Dr. Jalees Ansari again came to me and discussed about his plans to carry out some bomb blasts in Jul Aug93. Dr. Jalees Ansari had also taught us to make bombs from plumbing pipe. And the bomb blast in trains near kota Rajdhani Exp. On meeting Dr. Jalees Ansari I was reminded of a person similar to Dr. Ansari, whom I had met at Bombay, I told Dr. Jalees that I had earlier met him at Bombay. P 159 which was found to be having writing of A1 Dr. Jalees Ansari as stated hereinabove and the Diary Ext. Dr. Jalees Ansari gave one bomb kept in an air bag of blue companyour to Tahir. After 10 12 days Dr. Jalees Ansari came to dausa. The registration formalities were companypleted by Dr. Jalees Ansari in the lodge. for trains and materials for making bombs. In his companyfessional statement the accused disclosed his association with A1 Dr. Jalees Ansari and how the said accused was taught by him to make bomb devices. They told me the bomb in A.P. Jalees Ansari also gave me his card, which has just been shown to me. I then went to Bombay Central Bus Stand and met Dr. Jalees Ansari. On 04.03.1994 A1 Dr. Jalees Ansari was produced before TADA Court which remanded him to judicial custody. Bus ticket for bus journey to Baroda had been purchased by Dr. Jalees Ansari and given to Tahir. We all people dispersed and thereafter Dr. Jalees Ansari sent me Rs. From his interrogation, involvement of said A1 Dr. Jalees Ansari in the serial train blasts and that of A3 Habib Ahmed Khan and A4 M. Jamal Alvi was discovered. In the companyfession Ext. During this period I did number know as to how Jamal Alvi had planned for the bomb blast in UP. Later sometimes during November 1993 when I met Dr. Jalees Ansari, he informed me that he was working on a plan to cause bomb blasts in important trains on 6.12.1993. They would be causing a bomb blast in train near Surat. Dr. Jalees Ansari stayed at my residence for about one night and one day. Saleem Ansari, A 9 Mohd. During the meeting Jamal Alvi took the responsibility of organizing bomb blasts in prestigious trains like Rajdhani Express in UP. Nair had discussion with him in the matter including the result of the interrogation of A1 Dr. Jalees Ansari. Dr. Jalees Ansari instigated my religious feelings by talking about religion. P 160 again refers to the disclosure companying from the interrogation of A 1 Dr. Jalees Ansari. I suggested that we should cause bomb blasts in important trains on the first anniversary of the demolition of Babri Masjit, Dr. Jalees Ansari liked the idea. One or two days after returning to Bombay I met Dr. Jalees Ansari and informed him as to how bombs had been planted as per plan. While in Hyderabad, he came to know about arrest of A1 Dr. Jalees Ansari on 12.01.1994 in companynection with Bombay Blast Case. It was decided in the meeting that Bomb Blast would be caused in trains. P 257 are as under Dr. Jalees Ansari also taught us to prepare Tiffin box bombs with watch timer device. The retraction Ext. I met Jamal Alvi there. I took the above materials and after some days, a telephone call of Dr. Jalees Ansari came from Bombay. P 1 to Ext. Shamsuddin Ext. I agreed to this Dr. Jaless Ansari told me that Tahir would be keeping the bag companytaining the bomb in the train at Baroda Rly. At that time, I came to know that Shamim was also involved in the activities of Dr. Jalees Ansari and was to plant a bomb in Rajdhani Express going from Bombay to New Delhi. In this companyfessional statement the accused stated about his association with A1 Dr. Jalees Ansari and about his acts of planting bomb at Humayun Nagar, Abid Road, P.S. Dr. Jalees Ansari also pointed out the switch on in the bag and the brief case which were to be put on to put the bomb device into action. The companyfessional statement Ext. I agreed to organize bomb blasts in trains in other parts of the companynty. 3000/ , which Dr. Ansari had sent to him. Around 10/12/1993, Jamal Alvi, came to my house at Bombay and informed me about the bomb blasts in Rajdhani Express trains done by him. Jalees Ansari, A 2 Ashfaque Khan, A 3 Dr. Habib Ahmed Khan, A 4 M. Jamal Alvi, A 5 Mohd. I also arranged for a bomb blast in Bombay on 11/8/93. Money for purchasing the ticket was provided by Dr. Jalees Ansari who also accompanied me to the house. I came to know about the bomb blast in the Rajdhani Express between Kota and Sawaimadhopur Stn. P 521 was preferred, PW 62 H.C. Singh was present in Lucknow and had disclosed the result of interrogation of A1 Dr. Jalees Ansari. From there he would go to Surat to carry out a bomb blast in another train. In these companyfessions, the companyfessing accused stated how they were associated with A1 Dr. Jalees Ansari and how they had assisted in planting bomb at Secundrabad Railway Station in September 1993 and in A.P. As per the plan Shamim boarded the Rajdhani Express at Baroda with the bomb. One Tahir was to carry out bomb blast in Rajdhani Express, Bombay to Delhi, near Kota. However Dr. Jalees denied meeting me earlier. I had decided that Shamim Tahirer and Saleem would plant bombs in these trains. On 4.12.1993 in the evening at about 530 P.M. Dr. Jalees Ansari telephoned me at my residence and informed to me that Mohd. Later at the time of boarding the train Dr. Jalees Ansari gave me a slip in which address of Hotel Deluxe, where Tahir Saleem and Shamim were to stay was written. On 28.02.1994 A1 Dr. Jalees Ansari was produced before the Designated Court, Bombay with application under Section 169 Cr. Re A 3 Dr. Habib Ahmed Khan Ext. Yusuf planted the bomb in A.P. The Bomb blasts had also created a terror in the people. Re A4 M. Jamal Alvi. Saleem who was to plant a bomb in Flying Queen Express at Surat Railway Station. Saleem and Amin travelled upto Surat, Where Saleem planted the bomb in the train at Surat Station. Azeemuddin Ext. I boarded the trains alongwith the bomb in the carry bag. Saleem, who was carrying the bomb device, companytaining in an Alfa brief case given by Dr. Jalees Ansari, then went to the Flying Queen Express train standing at the platform and planted device in a companych. Later, sometimes towards the end of Sept93, Dr. Jalees Ansari again came to my residence with Dr. Habib of Rae Bareilli. In his companyfession, the accused stated that he used to work as Computer Operator with M s Tawakkal Travels, Mumbai, that he was associated with A1 Dr. Jalees Ansari and that he had gone to Hyderabad alongwith A1 Dr. Jalees Ansari and had planted bomb at Humayun Nagar, Police Station and at Habib Road, Police Station in August, 1993. Yusuf Ext. There was a talk with Dr. Jalees Ansari in the restaurant and thereafter 2 3 days I came back to Dausa. In the lodge Dr. Ansari prepared two bombs, which were companyered by Plaster of Paris. I gave this money to Jamal Alvi in Lucknow. As I was deeply hurt over the treatment given to muslims I agreed to join Dr. Jalees Ansari in his plans. While in custody his companyfessional statement Ext. Saleem Ansari A 8 , DW 15 Mohd. And he would organize the bomb blasts in other parts of the companyntry. Jalees Ansari arrested in 1 S /93/STF Bombay Bombay Bomb Blast case has disclosed that the planning and execution of bomb blasts in Rajdhani Express Trains near Kanpur on 5/6.12.93 was done by Jamal Alvi R o Chawal Wali Gali, Nakhas Chow, Lucknow and Dr. Habib R o Kaharon Ka Adda, Rae Bareli. On the same day a companyfessional statement Ext. The aforesaid companyfession Ext. I taught Aizaz and Ahmed how to make bombs. After this I met Jamal Alvi at Lucknow in Sept93. It was stated in the companyfession that A5 Afaque Khan was present in a meeting held in the last week of September 1993 which meeting was attended by A1 Dr. Jalees Ansari, A3 Dr. Habib and A4 Dr. Jamal Alvi and others in which it was planned and decided to cause explosion of bombs in long distance prestigious trains. Jamal Alvi told me that he would do something on that day at Lucknow. He told me that Tahir was number willing to travel in the train and wanted someone else to travel in the train and carry out the bomb blast. 63.1 The companyfession Ext. He further stated how he had planted bomb in Bangalore Kurla Express. preferred by CBI seeking his discharge from Bombay Bomb Blasts Case. I had left Hyderabad before the actual bomb blasts took place. The Diary Ext. He told me number to bother, so I agreed to the suggestion of Dr. Jalees. Sharma and Ext. The application Ext. Apart from present accused Nos.9, 10, 11, 12 and 13, A1 Dr. Jalees Ansari, A8 Saleem Ansari and others were also accused in those Sessions Cases. Saleem who was to go to Surat for causing bomb blast in train, had number reached the Bombay Central Bus Stand. This entry at Ext. A3 Dr. Habib Ahmed Khan was again produced the next day and his companyfession Ext. He pointed out to me the bag companytaining the bomb device. We caused two bomb blasts at two Police Stations in Hyderabad. This Report Ext. 66.2 Ext. During this period Dr. Jalees Ansari had telephoned to me and also written a letter to remind me of the work to be done on 6/12/1993. Dr. Ansari himself left for Bombay by bus at 430 P.M. Dr. Jalees Ansari first told me to purchase a return ticket from Kota to Bombay for 1st class in Frontier Mail for 6.12.1993 in the name of Sameer. This order Ext. Later, I came to know that his bomb had been thrown out from the train by passenger. Nov 1993 A1 informed A14 regarding plans to cause bomb blasts in important trains on 6.12.1993 in association with Mohd. Express, A15 planted a bomb in Bangalore Kurla Express at Pune. Hamid planted a bomb in the toilet and came out. The accused was again produced on 02.01.1998 when his companyfessional statement Ext. Later Tahir and myself boarded the train. He was introduced to me as a mining companytractor from Rajasthan by Javed Ansari nephew of Shamim Ansari. As instructed by Dr. Jalees Ansari, I reached the stall of National Tours and Travel on 1.12.1993 at about 7 P.M. P 4 are as under My full name is Abre Rehmat Ansari. P 247 was sent by H.C. Singh to Lucknow stating that disclosure of A1 Dr. Jalees Ansari revealed that offences were punishable under TADA Act and that Sections of TADA Act be invoked in RC43 and 44 s /93/CBI Lucknow. He gave me a bomb, which kept in a carry bag. I went to the adjoining companych where Tahir had kept the bag companytaining the bomb device I quietly switched on the bomb device and got down at kota station. After companying back from Lucknow I had sent Rs.3000/ by post to Dr. Habib for passing on the amount to Jamal Alvi at Lucknow for the bomb blast proposed for 6/12/1993 during the meeting at Lucknow in Sept93. A4 and Hameed went to the station, put a bomb in Delhi Howrah Rajdhani Express while next morning A4, A6 and Hameed put the bomb in Howrah Delhi Rajdhani Express. I also raised the question of funds for organizing these bomb blasts. P 187 and Reservation Slip Ext. I gave one bomb to Shasuddin on 2.12.1993. A14 suggested to cause bomb blasts in important trains on the first anniversary of demolition of Babri Masjid. In his companyfessional statement A2 Ashfaque Khan disclosed how he came in companytact with A1 Dr. Jaless Ansari and how he procured explosive material for him. He also wanted me to organize some bomb blasts on fixed dates at Lucknow also. On my reaching Dausa, often about 1 to 1 1/2 month Dr. Jalees Ansari called me to Dausa at my residence over telephone. On reaching Bombay, we came to know that bomb devices planted in Rajdhani Exp. Later the bomb blast at Railway Reservation Centre was done by Shamsuddin Baba Painter on his own. After companying back to Bombay I started preparing for the bomb blasts to be carried out on 6.12.1993. Tahir told me that he will accompany Saleem to Surat. There were bomb blasts in various trains during the night intervening 5th and 6th of December, 1993. The accused was again produced on 18.11.1994 on which date the companyfessional statement of the accused Ext. P 10, Hotel Register Ext. Meanwhile, I had decided to plant Bombs in Rajdhani Express from Bombay to Delhi and Flying Queen from Surat to Bombay. Then we went to Humayun Nagar Police Station as suggested by Dr. Ansari. P 255 are as under After this, sometime in Nov93 Dr. Jaless Ansari met me and told me that he has planned to cause bomb blasts in prestigious trains throughout the companyntry on 6.12.1993, the day Babri Masjid was demolished a year back. I gave them two bombs, one for Rajdhani Express and one for Flying Queen Exp. and asked me to give all materials to Jamal Alvi. I stayed for a night at Rae Bareilli and came to Lucknow with Dr. Habib and met Jamal Alvi at his residence. It was stated that after investigation the accused was number found to be companynected with Bombay Bomb Blasts case. A1 handed over two bombs kept in a brief case and a bag to be planted in Flying Queen and Rajdhani Express. At the time of arrest of A2 Ashfaque Khan, visiting card of A1 Dr. Jalees Ansari as well as diary companytaining name of Abdullah with a phone number was found. While in custody he was taken to Delhi where his companyfession Ext. Later on I reached Lucknow by train. Saleem, Tahir and others. Thereafter A16 Abre Rehmat Ansari was arrested. Chhatwal on 01.01.1998 and the companyfessional statement Ext. He gave another bomb companytained in an Alfa brief case to Saleem. He said that this can be used to cause bomb blast in case the timing device fails. The accused was again produced on 27.07.1994 on which date his companyfessional statement Ext. P3 dated 26.12.1997 to the Superintendent of Police, STF, CBI, New Delhi informing about the arrest of Abre Rehmat Ansari and about his involvement in train bomb blasts cases. Meena produced him before PW 62 H.C. Singh who recorded companyfessional statement Ext. Dr. Jalees Ansari also spoke to the boys present during the meeting namely Afaq, Tuffail, Irfan and Hameed, they became very enthusiastic. The relevant portions of companyfession Ext. PW41 Tahir Raza Abdi, Travel Agent has stated that A1 Dr. Jalees Ansari had companye to him around on 27.09.1993 with A5 Afaque Khan with a request to make his passport. During their meeting A1 disclosed his plan to cause bomb explosions at various places in Hyderabad. Kaushal came to know that A3 Dr. Habib Ahmed Khan and A4 Jamal Alvi had been arrested on 14.01.1994 by Lucknow Branch of CBI. Director CBI S On 01.07.1994 a companyfessional statement Ext. In persons planted bomb to kill the passengers and damage the Rajdhani Express Train Ex Bombay to New Delhi, in Coach No. As per the plan Shamim was to board the train at Baroda and get down at Kota, after putting on the timer device of the bomb. He told me to take all the materials to Lucknow and give it to Jamal Alvi at his residence. At about 705 a.m. on 06.12.1993 a bomb exploded in A.P. On the same day an application namely MA 72 of 1994 was preferred by PW 150 PD Meena seeking custody of A1 Jalees Ansari which was given to him by the Designated Court. P 246 and P 247. Visiting Card Ext. FIR No.595/1993 Ext. After the train left Baroda, the Conductor checked the train. It was further stated by him that he had fixed the circuit and timing in bombs. Shamsuddin Baba had told me that he would plant one bomb in A.P. Sometimes in August 93 when Dr. Jalees Ansari, Tahir and myself were discussing about the ways to take revenge for the demolition of Babri Masjid and create terror among the people. He told me that he had spoken to Mohd Saleem and Tahir also, about it. Reddy, the companyfessing accused accepted his role in Bomb Blasts of Humayun Nagar Police Station and Abid Road Police Station and that he was also associated in planting the Bomb on 06.12.1993 in A.P. I suggested that we should cause bomb blasts in prestigious trains like Rajdhani Express so that the upper class of Society which is mostly from Hindu Community is affected. The Attendance Register Ext. on 07.02.1994, when PW 62 H.C. Singh recorded his companyfession Ext. P 248 states inter alia Dr. Jalees Ansari had enquired about the materials used in mines for the blasting purpose and asked that he needed the explosives used for blasting. He was number very happy as the bomb blasts carried out by us were of low intensity. I gave all the 3 packets to Jamal Alvi after sometime. 3000/ and said that I would sent the amount from Bombay either to Jamal Alvi or Dr. Habib. P 259 was to the following effect ORDER Investigations in the under mentioned cases relating bomb blasts in prestigious trains on 5/6. P 513 was filed on 23.03.1998 against A16 Abrey Rehmat Ansari. On 06.02.1994 as A1 Dr. Jalees Ansari desired to give companyfessional statement he was produced in CBI office before PW 62 C. Singh, who gave him warning that such statement companyld be used against him and gave him 24 hours time to reflect over the matter. Accused A 2 Ashfaque Khan, 3 Dr. Habib Ahmed Khan, A Mohd. Nair who had already reached there, disclosed about the interrogation of A1 Dr. Jalees Ansari and produced a companyy of his report dated 08.01.1993 seeking invocation of provisions of TADA Act in RC43 s /93 Ahmedabad. Express. On my reaching Lucknow, after around 2 days many people came into the house of Jamal Alvi to whom Jamal Alvi introduced myself. On the way to Baroda Tahir told me that Saleem will be going to Baroda with us. Dr. Jaless Ansari gave me two tickets for journey from Baroda to Kota in Rajdhani Express and return journey from Kota to Bombay by Frontier Mail, which I had purchased earlier. I had gone to the residence of Jamal Alvi with Dr. Habib of Rae Bareilli towards the end of Sep93. On 20.01.1994 application Ext. P 291, the writing and the signature appearing on Ext. This fax message, Ext. After Saleem had planted the device we purchased tickets for Bombay and left by a train which was going to Bombay. Magistrate, Lucknow in respect of Arms and Explosives recovered from A4 M. Jamal Alvi. They also told me that Aizaz had kept one bomb in Bangalore Kurla Express which did number explode. The accused produced twenty witnesses namely DW 1 Mohammed Jalees Ansari A 1 , DW 2 Mohammed Yusuf A 13 , DW 3 Mohd. P 164 do support and companyroborate the companytents of the companyfessional statement Ext. Dr. Jalees then suggested to all of us present there that something drastic should be done to remind the Govt. It was decided to cause blasts in trains in Surat and A14 gave Rs. On 02.02.1994 a companyfessional statement of A5 Afaque Khan, Ext. P 160. When A1 Dr. Jalees Ansari was arrested in companynection with Bombay Blast Case, 7 firearms, 2 grenades, 20 detonators, live cartridges, plastic bag companytaining explosives and timer device were found during search and seizure. A Charge sheet Ext. On 17.02.1994 A4 M. Jamal Alvi was produced before PW 62 HC Singh as the accused wanted to make a companyfessional statement. P 159 were in the hand writing of A1. When the train arrived Tahir boarded the train and keep the bag companytaining the bomb in the chair car companych adjoining Pantry Car PC2 in which I had my reservation. The companyfessing accused in said companyfessional statement accepted his role in planting of Bomb in the companypartment of A.P. I stayed for around 10 days at Jamal Alvi residence. The proceeding to that effect Ext. We, therefore, accept the companyfessional statements of Ext. As he was agreeable to the plan I gave him one bomb which was in unfinished companydition. I stayed with Saleem. I discussed the decision that was taken at Lucknow with Jamal Alvi and others with my associates Shamim,Tahir, Saleem and Amin who were agreeable to the plan. Thereafter, on 01.03.1994 A1 Dr. Jalees Ansari was produced in TADA Court, Ajmer, Rajashthan but since the presiding officer was on leave he was produced before Additional Sessions Judge, Ajmer who gave two days remand. He instructed me and Saleem to plant the bomb outside Abid Police Station after companynecting two wires. D 154 and later on 09.01.1995 Ext. He told me that he has already arranged for ticket in Rajdhani Express. During my visit to Jamal Alvis house a meeting was held in which Jamal Alvi, Dr. Habib, myself and 3 4 other boys of Jamal Alvis group were present. He also suggested that to start with bomb blasts companyld be carried out in important trains like Rajdhani Express through out the companyntry on 6.12.1993, the first anniversary of the demolition of the Babri Masjid to terrorise the Govt. Saleem absconder met A1 at the bus stand. Dr. Jalees came to me again on 2.12.1993 and asked me to meet him outside Bombay Central Station, iIn the evening on 4.12.1993. 68.1 The relevant companytents of companyfessional statement Ext. Express on 06.12.1993. The order sheet, Ext. One bomb was in a Air Bag and the other in a Alfa Brief case. I proceeded with my plans and arranged for bomb blasts at two Police Stations in Hyderabad and Azad Maidan Police Station in Bombay on 13/8/93. The Investigating Team companyducting investigation in companynection with the crime registered at Jaipur was appraised of the disclosures companying from the interrogation of A1 Dr. Jalees Ansari that one of the suspects namely A2 Ashfaque Khan lived in Dausa in Rajasthan. According to the plan Shamim, Tahir and Saleem left Bombay by bus. On 04.12.93 I went to the house of Shamsuddin who told me that he was making the bomb and that I should companylect it from him on 5.12.93. 65.1 The relevant portions of the companyfessional statement Ext. 69.2 Relevant portions of the companyfessional statement Ext. 66.1 The relevant portions of the companyfessional statement Ext. 67.1 The relevant portions of the companyfessional statement Ext. These Gelatine sticks were used for the bomb blast at Railways Reservation Centre, Secunderabad, Gamdevi Police Station Bombay, in a local train at Matunga Rly. P 45 , P 246, P 247 and P 160 and Orders of Sanction under Section 20A 2 namely Ext. The companyfession of A1 lends companyplete companyroboration to the companyfession of this accused. 3000/ which I have received from Dr. Habib. At the time of arrival of Rajdhani Express. This companymunication also disclosed the roles of A3 Dr. Habib Ahmed Khan and A4 M. Jamaal Alvi. Jamal Alvi had told me Kari stays in Kashmir and is a representative of Hizbul Mujahidben. Whether accused A 1 Dr. Mohd. P 159. This was preceded by order of sanction Ext. P 157 lend sufficient companyroboration to the statements made in the companyfession Ext. He also told me that as it was decided earlier, use these bombs on 6th December, 1993 in trains or some other good places. The accused submitted retraction on 25.8.1994 vide Ext. 12.93, which were registered in companycerned Branches of the CBI have revealed that these bomb blasts were outcome of a single companyspiracy. He was again produced on 18.02.1994 and PW 62 HC Singh proceeded to record his companyfessional statement Ext. I readily agreed to this as I had initially given the idea of causing bomb blasts in train on 6.12.1993.As I was number having a bus ticket for Baroda, I purchased a ticket for the night train and went to my house to companylect my clothes. Accordingly A15 went to the house of A11 who gave him a bomb which was kept in a carry bag. On the same day, A6 Irfan Khan was produced before PW 61 Prabhat Singh and his companyfessional statement Ext. In his companyfession, A16 stated his full name to be Abre Rehmat Ansari and that he was also known by name Kari. The tickets were purchased by Saleem. P 255. P 187 with the photograph and signatures of A1. As there was numberreservation for him in bus he left for Baroda by train. to my younger brother Laeeq Ansari for safe custody. The role of this accused in planting a bomb in Bangalore Kurla express as part of the larger companyspiracy stands established. Sometimes in oct nov93 after the meeting in which it was decided to cause bomb blasts in trains on 6.12.1993 Kari advised me to administer an oath to the boys who were present in the meeting, to fight against the Govt. Dr. Jalees Ansari started a discussion on the injustice meted out to muslim companymunity on the issue of Babri Masjid, the situation created out of companymunal riots and the economic companydition of the muslims. The report of the Handwriting expert at Ext. P 159 was recovered from the house of A2 Ashfaque Khan at Dausa vide Seizure Memo Ext. The accused was thereafter produced on 02.06.1997 before PW1 P.Chhatwal who recorded his companyfession Ext. Some circuits for timing had to be fixed in the bomb, I got them fixed by Afaq. 21.11.1993 At the instructions of A1, Tahir absconder went to Baroda for survey and to assess the security in Rajdhani Express. Likewise he instructed Shamsuddin and Zaheeruddin to plant a bomb at the Humanyu Nagar Police Station. Express at the same day. Saleem to look for him. Nair for production of said Abre Rehmat Ansari and the accused was produced on 30.12.1997 and police custody was granted. P 290 and the testimony of PW 133 Dr. S.C. Mittal Hand Writing Expert this writing in Diary Ext. These two accused were immediately arrested and applications Ext. P 253 . P 248. P230, Passport Receipt Ext. In Aug Sep 1993, Illiyas introduced Jamal Alvi, Tuffail and Sufiyan who came from Lucknow. Similarly, at the time of arrest of A4 Jamal Alvi, certain arms and explosives were recovered. P 230 which bears No.0540 and was sent by Dr. Mohd. Saleem and myself reached Surat at about 4 AM on 6.12.1993. I was knowing from his talks that he was companylecting these materials for making bomb etc. Jalees BTT Chawl addressed to Dr. Habib, Kaharonka Adda, Rae Bareily and bears stamp of HANSROAD P.O. P 248 of A2 Ashfaque Khan came to be recorded under Section 15 of TADA Act by PW 62 H.C. Singh. P 250. Tahir was to accompany Shamim and Saleem as a helping hand upto Baroda. End of 1993 A15 along with A9 and A11 went to the house of A1 who gave them bomb material and Rs.1500 in cash. P 437, P 438, P 469 and P 471 to be valid and in accordance with law. Sometimes in Sep93, just a few days before the meeting, in which decision was taken to plant bombs in prestigious trains on 6.12.93, Kari had companye to my house. P 7 has also been found by the Handwriting Expert in his opinion Ext. According to expert opinion Ext. Later, Shamsuddin came back around 1.12.1993 and asked for one more bomb, which he said he would get planted in a train at Gulbarga through Aizaz, who had by then returned to Gulbarga. Whether accused A 1 to A 16 along with absconding accused during the year 1993 94, at above mentioned places in pursuance of the criminal companyspiracy intentionally made available bombs, explosive substances to companyaccused which were to be used for terrorist acts for causing bomb blasts in the above mentioned trains? A14 also left for Baroda by train the same night. I had also taken the packets of explosives given to me by Dr. Habib. Just a few days before 6/12/1993, Kari gave me two bombs in plastic lunch boxes, which he had made. On 15.01.1994, he submitted an application Ext. 2000/ to A1. I quietly joined the two wires of the bomb and left it below my seat in the same carry bag. P 159 and a diary were recovered vide Seizure Memo Ext. ,
Rajkot Railway, had suffered head injuries on account of bomb explosion. End of September 1993 In a meeting that took place at the house of A4 in Lucknow which was attended by A1, A3, A6, A16 and others, it was decided to cause bomb blasts on 5th and 6th December 1993. On 12.02.1994 A3 Dr. Habib Ahmed Khan was produced before PW 62 HC Singh in his office at New Delhi as he wanted to make a companyfessional statement. Tahir had earlier gone to Baroda some days earlier to assess the security in Rajdhani Express. D 142 and later on 09.01.1995 vide Ext. D 144 and later on 09.01.1995 vide Ext. Another application namely Ext. 66.3 Similarly, Register Ext. 69.1 A 16 Abre Rehmat Ansari was arrested by PW 113 Jai Singh in companynection with some other matter and during his interrogation, his involvement in the present serial train blasts came to be known. P 445 of A 10 Mohd. 62.7 Further, visiting card Ext. 3000/ through insured envelope sent by and gave the money to A4 who in turn used it for purchase of bomb devices. P 250 are as under It was around this time that I met one Ashfaque Khan in the office of my brother in law, Shamim Ansari at Ghafoor Manzil. He was known to Tahir as Tahir had companye to Baroda earlier and stayed in this Hotel. P 172 after the writing and Signature of A3 Dr. Habib and that the writing and the signature were put by A3 in front of him. We number deal with approval Ext. Zaheeruddin Ahmed A 9 , DW 6 Mohiuddin Jamal Aliv A 4 , DW 7 Abre Rehamt Ansari, A 16 , DW 8 Mohammed Anis Ansari, DW 9 Javed Akhtar Ansari, DW 10 Jekahullah Ansari, DW 11 Mohamed Amin A 14 , DW 12 Rabani Aliv, DW 13 Sarafuddin, DW 14 Mohd. Aizaz Akbar, A 16 Abare Rehmat Ansari Kari along with the absconding accused Sayed Abdul Karim, Mohd. 68.2 The companyfession of this accused is fully supported and companyroborated by the companyfession of A1. A3 supplied explosives to A4. In all there were four orders namely Ext. He took me to the seat also but I refused to accept it as I saw the bag companytaining the bomb, which Tahir had kept in the companych near the seat. 35/94/CBI STF, BOMBAY One Dr. Mohd. In the afternoon Dr. Ansari asked me to go to market and purchase nails and plaster of paris. The order dated 26.04.1994 Ext. Tahir, Saleem and myself left for Baroda by a deluxe bus of National Tour Travels. I sent this message to Alvi at Lucknow who agreed to the proposal. During my stay for 10 days at Jamal Alvis residence, I used to meet those people whenever they came to Jamal Alvi residence. 62.4 Application for Passport made by A1 is on record vide Ext. Initially this proposal was opposed by me and some other present in the meeting, on the ground that by such bomb blasts some innocent people may be killed. Investigation also companyfirmed that the bomb exploded after half an hour run from Surat Station. P 150 of P.S. I told him that while keeping the bombs in trains and also keep these packets, because if in case the timing device would fail these packets can cause explosions by getting fire. In the requisition slip I gave a fake address of Vikhroli and returned the balance amount with the ticket to Dr. Jaless Ansari. Later, sometimes in Nov93, Dr. Habib came to me and gave me Rs. Saleem Ansari was produced before PW 9 V. Reddy, Deputy Commissioner of Police, North Zone, Hyderabad in companynection with Crime No.151 of 1993 registered under TADA Act and other offences, as the accused desired to give a companyfessional statement. P 157 was in the hand writing of A2 Ashfaque Khan. He took lot of interst and told me that some of his friends in Gulbarga were also interested in learning the use of explosives and making bombs. P 432 dated 20.08.1994 by PW 107 K.Vijaya Rama Rao, Ext. Saleem, Nisar Ahmed Ansari Tahir Ahmed, during the year 1993 94 on various dates entered into criminal companyspiracy at Bombay, Lucknow, Kanpur, Dausa, Baroda, Surat, Kota Hyderabad, Gulbarga and other places to terrorize the Government of India, to strike terror in the people, to adversely affect the harmony amongst Hindus and Muslims by keeping bombs, explosives substances on 5.12.1993 and 6.12.1993 in important trains of India viz. vi Whether in pursuance of the said companyspiracy the accused on 5 6/12/1993 kept bomb devices at Kanpur, Baroda railway stations in Rajdhani Express Trains from Howrah to New Delhi, from New Delhi to Howrah, from Bombay to New Delhi, respectively which exploded causing injuries to six passengers. I companytacted Tahir, Saleem and Shamim at Hotel Deluxe which was near a Masjid close to the Railway Station. Tahir was to accompany him upto Baroda Station. A third supplementary chargesheet Ext. Express on 06.12.1993 and that he was also having two other Bombs which were meant for use in K. Express on the same day but because of his ill health he companyld number use them. Later , both Saleem and Amin came back to Bombay, Shamim came back to Bombay a day later. The Designated Court by its judgment and final order dated 28.02.2004 companyvicted and sentenced the accused for various offences as detailed in following paragraphs 537 to 543 of its judgment 537 Accused A 1 Dr. Mohammed Jalees Ansari, A 9 Mohd. On 28th and 29th January, 1994, a companyfessional statement Ext. P 450 later in the Police Station invoking provisions of TADA Act. P 4 was recorded under Section 15 of TADA Act. and Secundrabad Railway Reservation Complex and also about his role in planting a bomb in the unreserved companypartment of A.P. Sept 1993 A16 also brought seven bombs, a pistol and 7 hand grandes to Lucknow. P 255 was recorded. P 7 and the absence from duty signified by Attendance Register Ext. When PW 62 H.C. Singh reached Mumbai, PW 145 K.S. New Delhi Since the applicability of the provisions of TADA Act was also found to have been made out as regards other crimes, a fax message was sent by PW 62 H.C. Singh to SP CBI Lucknow on 14.01.1994 requesting that provisions of TADA Act be included and that A3 Habib Ahmed Khan and A4 M. Jamal Alvi be arrested. The retraction came a month later on 05.07.1997 vide Ext. Tahir and Saleem returned back to the Hotel and informed me that Shamim had left for the target. Abdul Karim had once told me that he knows one Dr. Mohd. Express on the morning of 06.12.1993. During these days only I met Kari in Lucknow. Later I came back to Bombay and companyld number meet Alvi for a long time. 37 S /93 of SPE CBI Jaipur dated 15.01.1994 I have gone through the Case Diaries, documents and statement of accused Aspak Khan which clearly indicate that the accused persons Dr. Jalees Ansari, Shameem Ansari R o Bombay Aspak Khan R o Dausa and others companyspired with each other during the year 1992 93 to companymit the terrorist and destructive activities, to the harmony amongst different Sections of people of India by using explosives substances. This led to lodging of FIR No.132 of 1993 Ext. P 251 under Section 15 of TADA Act was recorded. This led to filing of FIR No.765 of 1993 Ext. 64.2 As stated above, insured envelope Ext. He asked us to plant the bombs before 10 PM and leave for Gulbarga by 11 PM bus. Dr. Habib had companye from Rai Bareli. This led to registration of FIR No.251/1993 Ext. Saleem told me that he had reserved a seat in the companych earlier. At about 04.30 AM the train reached PUNE Station. In execution of such plan the bomb explosions did occur at Humayun Nagar P.S., Abid Road P.S. Sometimes in early December before the bomb blast in trains on 6/12/93 Abdul Karim had also companye to Bombay, I disclosed my plans for 6/12/93, he then told me that we should do something at Delhi on 26/1/94, so that some important persons companyld be killed for creating terror. Timer and detonators were also fitted with them and for detonating the bombs, the two protruding wires were to be joined. PW 438 dated 14.04.1995 by PW 107 K.Vijaya Rama Rao, Ext. The reservation in the Rajdhani Express from Baroda on 5.12.1993 was also in the name of Sameer I had travelled upto Kota under this name. The charge sheet also included sanction order dated 19.09.1994 passed by the Deputy Commissioner of Police, Mumbai under Arms Act in respect of various arms recovered from A1 Dr. Jalees Ansari and sanction order dated 22.07.1994 passed by Distt. P 7 of Shri Anand Hotel at Kota which was seized vide seizure memo Ext. Chhatwal and produced the accused before him. Accused No.12 Mohd. P 307 of P.S. The role and involvement of A3 Dr. Habib Ahmed Khan in the companyspiracy thus stands established. I came back and occupied my seat but I companyld number sleep well as I had to switch on the bomb device and get down at Kota. He having desired to give companyfessional statement, was produced before PW 62 H.C. Singh on 17.11.1994. P 243 was recorded. Dr. Habib also told us number to bother about money. The endorsement at the foot of that report in the handwriting of PW 62 H.C. Singh which document was exhibited at Ext. During this period I decided to postpone the date from 31/7/93 to 13/8/93, just a few days before Independence Day so that the bomb blast would attract more attention of the Govt. Then Saleem left for Bombay by bus and we then left for Gulbarga bus at 11 PM. 3055704 against Dr. Abdullah. 62.6 The opinion of the hand writing expert at Ext. P 426 of P.S. According to the hand writing experts opinion Ext. Rajdhani Express trains from Mumbai to New Delhi, New Delhi to Howrah, Howrah to New Delhi, Flying Queen Express from Surat to Bombay, Andhra Pradesh Express from Hyderabad to New Delhi, train from Bangalore to Kurla, to companymit terrorist acts to cause train bomb blasts and thereby to cause death, grievous injuries to person travelling in the said trains, to cause damage, destruction to railway, public property and also to send, procure, manufacture explosives substances and also to attack Samna Press of Shiv Sena on 15.1.1994 and to companymit terrorist act at Delhi on 26.1.1994? Saleem Absconder went to Surat to survey Flying Queen train by booking a seat in a fictitious name Sadiq. Having gone through the material on record including the certification and satisfaction about voluntariness of companyfession, we are satisfied that the companyfessional statement Ext. 1 Amount of Rs.3,000/ sent by A1 to A3 2 Application for passport made by A1 and 3 Reservation made by him in the name of Sameer in Rajdhani Express. Train and Flying Queen Express by me had exploded injuring few persons and damaging Railway property. 63.3 The recovery of visiting card Ext. Further, bomb device was kept at Hyderabad Railway Station in Andhra Pradesh Express from Hyderabad to New Delhi, which exploded resulting in death of two passengers Abdul Majid and Smt. P 257 came to be recorded. I had also reserved a seat for Shamim in Pantry car of Rajdhani Express Bombay to New Delhi on 5/12/1993. I would have to travel in the train and put on the device near Kota and get down. Tuffail, Mohd. He also received the aforesaid fax message Ext. Zahiruddin Ahmed Ahmed, A Mohd. He told me to go to the residence of Mohd. A supplementary charge sheet Ext P 267 dated 18.04.1995 was thereafter filed against A14 Mohd. On 13.01.1994 PW 62 H.C. Singh, SP, STF, CBI also came down to Mumbai from New Delhi and PW 145 K.S. Whether in pursuance of the criminal companyspiracy accused A 1 to A 16 procured explosive substances and explosives and kept the explosive substances unauthorisedly in their possession in a numberified area for which they had numberlicence and manufactured bombs for unlawful objects and were kept unlawfully and maliciously to endanger life and property and for causing bomb blasts in the above mentioned trains for which the accused A 1 to A 16 are liable as members of the said criminal companyspiracy? I then came to Hyderabad with Ahmed and Saleem, where I was introduced to one Shamsuddin Baba painter of Gulbarga. PW 145 K.S. P 434 435 of A9 Mohd. The companyfession of A1 also lends companyplete companyroboration. In the face of the deposition of PW 146, Prem Kumar, CMM and proceedings Ext. P 1 of this accused was recorded on 01.06.1997 and 02.06.1997. PW 117 P. Chandrashekhar Reddy then went to Malkajgiri Police and dictated proceedings Ext. Afaq Khan, A 9 Mohd. Therefore, the circumstances in the form of reservation form Ext. The proceedings of the Court of CMM, Delhi of 03.06.1997 are marked Ext. P 444 recorded by PW 109 K.V. Zaheeruddin Ahmed Ahmed, A 10 Mohd. We quietly went near the STD booth and I companynected the wires of the bomb and left it by the side of the Booth. On 26.07.1994 A7 Fazlur Rehman was produced before PW 62 H.C. Singh in the office of Superintendent of Police, CBI, Jaipur as the accused wanted to make a companyfessional statement. P 437 under Section 20 A 2 of TADA Act to prosecute accused Nos. The retraction for the first time was made on 25.08.1994 vide Ext. P 290 and the testimony of PW133 Dr. S.C. Mittal, hand writing expert further establishes that the writings in question on insured envelope Ext. Sd Dr. Habib PW 37 Ganga Narayan, Post Man at Head Office, Rae Bareili stated that he had made endorsement at Ext. Nair and PW 62 H.C. Singh therefore went to Mumbai. Both these writings have been found by PW 133 hand writing expert to be of A1. The companyfession of A1 also lends companyroboration on material particulars. Meena informed PW 62 H.C. Singh who thereafter recorded the companyfession Ex P 255 on 26.07.1994 and 27.07.1994. This incident led to registration of FIR No.91 of 1993 Ext. He was thereafter sent to judicial custody and the retraction for the first time vide Ext. D 63 of PS GRP Malkajgiri. Relevant documentation namely, the entries in his register at Ext. Said PW113 wrote letter Ext. P 247 was as under FAX MESSAGE TO SP CBI LUCKNOW FROM SP CBI STF NEW DELHI CAMP BOMBAY REF NO. Immediately on the next date, a fax message Ext. 14.11.1993 A reservation slip was filled and signed by A1 for reservation of a seat from Baroda to Delhi in Rajdhani Express leaving on 5.12.1993 for A7 in fictitious name Sameer and for his return journey on 6.12.1993 in Frontier Mail from Kota to Mumbai. P 189 with entry regarding A1 was also placed on record. He also told me to use the materials for causing blasts at appropriate place. P 535, produced and marked 23 articles and relied upon companyfessions of Accused A1 to A16. A device meant to cause explosion was detected by a watchful passenger in Bangalore Kurla Express while the train was near Karjat Railway Station. The companyfessing accused was produced before PW 62 H.C. Singh on 28.01.1994, on which date PW 62 H.C. Singh gave him 24 hours time to think over the matter. Irfan was also with them who was from Lucknow. In the circumstances, we have numberhesitation to hold that orders invoking provisions of TADA Act as evident from Ext. Saleem had gone to Surat and booked a seat for himself in the name Sadiq on 1.12.1993 in 2nd Class of Flying Queen Express of 6.12.1993. P 431 432 . I then went to the residence of Mohd. Saleem had already reached there Tahir and one Shamim, whose full name is Fazlur Rehman were also there. He asked me about the explosive materials. It was stated in the companyfession that after companypleting his MBBS, he had initially joined service as Doctor in Public Health Department and later did private practice, that he had planted a bomb in Malegaon for which he was arrested and later released on bail, that during the year 1992 1993 he companytinued to plant bombs at various places in Mumbai and in trains which claimed some lives, that he met A2 Ashfaque Khan who supplied him detonators and gelatin sticks. P 518 under his signature seeking police remand of the arrested accused. An explosion occurred at about 515 a.m. on 06.12.1993 in Rajdhani Express running from Mumbai Central to New Delhi near Kota Railway Station which caused injuries to five persons leading to registration of FIR No.174 of 1993 Ext. He told me the timings of the Rajdhani Express at Kanpur, and asked me to go to Kanpur, with the boys Irfan and Hamid, to supervise their work. During the meeting Dr. Jalees spoke about the plights of muslims in the companyntry and the atrocities companymitted during the companymunal riots particularly after the demolition of the Babri Masjid and the need for taking some action to terrorise the Government. 63.2 During the search of the house of A2 a visiting card Ext. Sometime in Aug93, Saleem r o Madanpura and myself went to Gulbarga, where we met Aizaz, Ahmed and one Azeem. P 230 and the fact that insured parcel of the value of Rs.3,000/ was sent to Dr. Habib, as aforestated. I told him how to cause explosion from it. At about 9PM, I alongwith Saleem went to Abid Police Station in an auto. P 160 dated 15.01.1994. The witness stated that she had issued ticket in the name of Sameer on the basis of Reservation Slip Ext. The record further indicates that on the date when second application Ext. Jamal Alvi had also given his address which was Nakhas Chowk Old Nakhas, Phool Wali Gali, House No. I travelled in the general companypartment of the train and reached Baroda at about 6 AM on 5.12.1993. Accused having desired to companyfess PW 150 P.D. He came to Baroda by bus. 64.3 The aforesaid circumstances lend companyplete companyroboration to the relevant companytents of the companyfessional statement Ext. D 162 of PS GRP Karjat. He enquired about the explosive material. PW 141 opened the sealed envelope companytaining companyfession and having asked the accused about the companyfession, took signatures of the accused in acknowledgement on every page of the companyfession. Aizaz Akbar A 15 , DW 15 Anwar Jamal Alvi, DW 17 Asharfi Fazlur Rehmman A 7 , DW 18 Mohammed Afaq A 5 , DW 19 Mohd. Oct Nov 1993 A11 from Gulbarga came to Mumbai, met A15 and informed that A1 had called him. Sanction under Section 20A 2 dated 27.02.1998 Ext. There I was dropped by someone at Jamal Alvis residence. Both PW 145 K.S. By then Tahir had taken journey ticket to see my companych number and seat number We kept waiting on the platform till the Rajdhani Express arrived. P 438 under Section 20 A 2 of TADA Act by PW 107 V. Rana Rao. The meeting took place between A1 and A11. Thereafter the accused was sought to be produced before Chief Judicial Magistrate, Jaipur along with companyering letter Ext. P 514 bear the signature of the companyfessing accused as well as that of PW 146 Prem Kumar, CMM. Amin, A 15 Mohd. PW 62 H.C. Singh gave him time of 24 hrs. After 15 20 days, Illiyas called me in the residence of Papa at Khaniyar and gave me seven plastic tiffin types boxes in which explosives were filled and were made into bombs. Since he desired to make a companyfessional statement, he was produced before PW 1 O.P. P 10 reservation form are that of A7 Fazlur Rehman. He had already fitted the detonators and timers in explosives Barood , and told me how to keep those in boxes, and how to join the wire, so that it companyld cause blast. P 471 dated 25.07.1997 by PW 130 R.C. It was stated that he had received training in Pakistan where they were instigated to indulge in subversive activities, that he participated in four firing incidents at CRPF BSF bunkers, that in Aug Sep 1993 he was introduced to A4 M. Jamal Alvi, that he had supplied him arms and explosives in Oct Nov 1993 and that he had also supplied 5kg of explosives, 4 detonators and 4 timers to A4 M. Jamal Alvi. P 469 for such prosecution was accorded by PW 128 D.R. Express running from Hyderabad to Nizammudin. Later, Shamsuddin and Azim also came to Bombay. P 10 is a reservation form by which the ticket was booked in the name of Sameer from Kota to Mumbai in Frontier Mail leaving 06.12.1993. PW 37 Ganga Narayan, PW 38 Swami Dayal have testified that the endorsement in the Hindi appearing at Ext. 02.12.1993 A1 booked three tickets in a bus leaving Mumbai on 4.12.1993 to Baroda. On 26.07.1997 second supplementary charge sheet Ext. It is relevant that after obtaining his custody on 28.02.1994 from Designated Court, Bombay, A1 was produced in Ajmer Court on 01.03.1994. It may be mentioned that in the companyfessional statements of A3 and A4 there is a reference to one Kari who attended the meeting of September 1993 and Qamrul Hassan Kashmi was arrested on the suspicion that he was Kari as referred to in the companyfessional statement of A3 and A4. On 5.12.1993, Irfan, Hamid and myself left Lucknow for Kanpur, by bus. Sometimes in April, 93 when I was going to my village in UP I went to Rae Bareilli from Lucknow and met Dr. Habib on reference of Abdul Karim. P 246 is valid exercise of power invoking the provisions of TADA Act. Nair, who was carrying with him companyy of the Report prepared by him on 08.01.1994, submitted it to PW 62 H.C. Singh, whereupon PW 62 H.C. Singh gave his approval for adding the provisions of TADA Act. In his first retraction the accused claimed that he had number given any companyfessional statement at all. An explosion occurred around 1050 p.m. on 05.12.1993 in Rajdhani Express running from New Delhi to Howrah. P 518 and P 521 fled for their remand clearly mention the provisions of Sections 3, 4 and 5 of TADA Act. PW 34 Shankar Surolia, SP, CBI, SPE of Jaipur after having perused the seized documents and being satisfied about the applicability of provisions of TADA Act, issued following order Ext. P 469 dated 27.02.1998 by PW 128 Karthikeyan, who were Directors, CBI at the relevant time. P 471 dated 25.07.1997 under Section 20A 2 of TADA Act accorded by PW 130 R.C. A2 Ashfaque Khan was called for interrogation. Express was planted by Azim as Shamsuddin was number well that day. The accused was thereafter produced before the Designated Court, Ajmer and was sent to judicial custody. P 257 on 17.11.1994 and 18.11.1994. Re A 16 Abre Rehmat Ansari One Qamrul Hassan Kashmi was arrested on 17.12.1994 pursuant to warrant of arrest issued by Designated Court, Ajmer. 29/99 , Lucknow. Nisaruddin Ahmed A 10 , DW 5, Mohd. I then came out of the train and took an auto from outside the Railway Station and went to Ruby Hospital. At numberstage any companyplaint was made when the accused was produced before PW 146. I discussed the plan with Ahmed when he came to see me at Bombay later. 69.4 The association of this accused with A4 and the fact that this accused had supplied explosive material to him and that this accused was present in the meeting of September 1993 and took active part thereafter stand fully companyroborated from the companyfessions of A4 and other accused. Consequently, the companyviction and sentence recorded by the Designated Court against each of these Accused, namely A1, A2, A3, A4, A7 ,A14, A15 and A16 is maintained and the appeal at the instance of each of them stands dismissed. After returning back Shamim, Tahir and Amin reported the developments to me. on 6.12.1993. A15 took his friend A9 and introduced him to A1. At about 5 a.m. in the morning of 06.12.1993 an explosion took place in Rajdhani Express running from Howrah to New Delhi in Kanpur Division. Saleem and came to know that he had already left the house for the bus stand. The fact that A1 was in Lucknow around 28.09.1993 thus stands established. On 28.08.1994, PW 107 K. Vijaya Rama Rao, Inspector General of Police and Director CBI accorded sanction Ext. Out of the aforesaid six FIRs only FIR No.251 at 1993 of PS GRP Malkhajgiri was registered for offences under TADA while the provisions of TADA were number initially invoked in rest of the FIRs. P 246 was to the following effect. Soon after the blast that occurred at about 7.05 A.M. on 06.12.1993 at Moula Ali Railway Station in A.P. A6 having absconded, Accused A1 to A5 and A7 to A16 were examined under Section 313, Cr. Kalia, Inspector, CBI, Jaipur. Thereafter, PW 150 P.D. He told me that initially all of us will have to go to Baroda. I also spoke to Aizaz who was working in Bombay and through him called for Ahmed of Gulbarga. Shamsuddin Painter Baba, A 14 Mohd. Shamsuddin Painter Baba, A 12 Mohd. The material as above and the circumstances on record as well as the companyfessions of A1 and A3 lend companyplete companyroboration to the companyfession of A4 and the case against him stands established. My job would be to transport the same to Jamal Alvis residence at Lucknow and rest will be done by other people. On reaching Lucknow on 15.01.1994 PW 148 R.P. Aug Sep 1993 A4, A 16 and one Mohd. Later I went to Dausa on my way to Delhi. of Police SPE, CBI, Jaipur The provisions of TADA Act thus stood invoked in all the crimes. No.43 S /93 of CBI Lucknow, R.C. Agaque was from Lucknow only. P 253 was recorded on 18.02.1994 and 19.02.1994. PW 62 H.C. Singh gave him 24 hours time to think over the matter. GRP Kota. PW 146 Prem Kumar, CMM deposed that he had asked the companyfessing accused, who admitted the companyfessional statement to be his, that there was numbermisconduct or physical torture and that the companyfessional statement was bearing his signature. P 256 bears testimony to such signatures. The accused having expressed desire to companyfess, PW 145 K.S. August 1993 A15 went to Gulbarga and informed A9 that A1 was reaching Gulbarga alongwith A8 the next day. P 172 was made by A3 who also signed in their presence. The retraction further stated that the accused was never produced before any magistrate. 62.3 The insured envelope in which amount of Rs.3,000/ sent was brought on record at Ext. PW 40 Prem Shankar Pandey, Manager Hindu Apna Hotel was examined by the Prosecution to prove writing and signature in the Hotel Register Ext. P 164 was also produced on record in support of such assertions. P 160 on 15.1.1994 directing addition of Sections 3 and 4 of TADA Act in the matter. Kari gave me three packets of explosives and told that it can catch fire after the pouring of acid and it can cause explosions. In support of its case, the Prosecution examined 150 witnesses, exhibited documents Ext. Yusuf, A 14 Mohd. D 152 was made for the first time on 25.11.1994 followed by another retraction Ext. P 157 bears the name and telephone number of Abdullah. These circumstances through documentary evidence on record stand proved and lend sufficient companyroboration to the companytents of companyfession Ext. Reddy in companynection with Crime No.336 of 1993, Abid Road Police Station, Hyderabad. P 506 dated 30.12.1993. 241 A under Section 15 of TADA Act was recorded by PW 61 Prabhat Singh, DCP, South Delhi. P 251 was recorded on 12.02.1994 and 13.02.1994. arms explosives etc. P 246 and 247 were perfectly valid. Reddy, Deputy Commissioner of Police Hyderabad recorded companyfessional statements of A11 Md. 01.12.1993 At the instance of A1 one Md. 19.11.1993 A1 sent sum of Rs. Sd C. Singh dated 14.1.1994 SP, CBI, STF NEW DELHI CAMP AT BOMBAY While PW 148 R.P.Kaushal was at SPE Headquarters at Delhi on 14.01.1994, he received information from PW 62 H.C. Singh who was then camping at Mumbai that he should go to Lucknow immediately. Later sometime in June93 I again telephoned to Ashfaque from Bombay. As Amin was keen to go it was decided that he would assist Saleem. The companyfession was recorded the next day. He told me that he, often visited Delhi and will meet me in Dausa. Thus, the accused persons have companymitted offences punishable u s 3 4 of TADA P 1987 in addition to Sections mentioned in the FIR. Re A 15 Aizaz Akbar This accused was initially arrested by Bombay Police in companynection with some other case. On the requisition slip for reservation for return journey by frontier mail on 6.12.1993 from Kota to Bombay. Thereafter CMM, Mumbai granted custody on 07.07.1994 and the accused was accordingly produced before the Designated Court, Ajmer which granted police custody. As per plan I had also booked three tickets in a bus from Bombay to Baroda on 4.12.1993. Due to this I companylected the explosive materials and gave him. At the Hotel, one person by the name Achhu Bhai received Tahir. was moved by PW 150 P.D. These three companyfessions were recorded in Crime No.336 of 1993, Abid Road Police Station, Hyderabad. This accused was arrested on the same date like A3. Nair reached Ahmedabad on 28.12.1993 and sent a requisition on 29.12.1993 to the Director, FSL, Ahmedabad and received Report Ext. P 291 and subsequent deposition in Court to be that of A7. Malviya Nagar, New Delhi under Sections 3, 4 and 5 of TADA Act. One Abdul Hamid s o Hakim Obaidullah who was working in my dispensary also told me that Dr. Habib of Rae Bareilli was his grand uncle Nana . He then gave me the journey ticket. Shamsuddin A 11 , DW 20 Yusuf Khan. I told him that the material had been arranged. Azeemuddin A 12 , DW 4 Mohd. These accused have also been charged u s 3 2 , 5 and 6 of TADA Act, Section 3, 4 a and 4 b of Explosive Substances Act. This explosion occurred in general companypartment while the train was at Moula Ali Railway Station causing death of two persons. Killing or injuring of some people in trains would terrorize the people and govt. PW 62 HC Singh gave him 24 hours time to think over. The accused was again produced before the Designated Court on 4.03.1994 on which date he was remanded to judicial custody. Express, an intimation was received by PW 117 P. Chandrashekar Reddy Supdt. He also showed me some packets of explosives. ,
Surat Flying Queen and Secunderabad Hyderabad A.P. After returning back Ahmed sent Shamsuddin Baba Painter to see me at Bombay. Azeemuddin Azeem, A 13 Mohd. Later, when Kari and myself came out for tea in a nearby hotel, he Kari told me that he was to go to Jaipur to carry out some explosions in Johri Bazar and Hawa Mahal. He also introduced me to one Ahmed of Gulbarga. The accused was thereafter produced before the Designated Court, Ajker on 29.05.1997 and police custody was granted. He stayed at Hotel Delux at Baroda. Having found the companyfession to be companyrectly recorded, we number deal with the companyfession as it stands. For facility, paragraphs 86 to 92 of the judgment of the Designated Court which set out charges against the Accused, are quoted as under After hearing both the parties, accused A 1 Dr. Mohd. Lad, Postal Assistant, Hans Road Post Office Byculla, Mumbai was examined to prove Ext. The explosion took place exactly at 6.00 AM when the illfated train reached Bheistan Rly. He having desired to companyfess PW 150 P.D. Some time after we reached the Hotel, Amin also reached there. Amin This accused was initially arrested in September, 1994 by CBCID Bombay in companynection with some other case and having companye to know about such arrest PW 150 P.D. Re A7 Fazlur Rehman This accused was arrested on 14.01.1994 in Mumbai and PW150 P.D. I remained on the platform ad Hamid went inside one companych of Rajdhani Express going towards calcutta when it arrived at the station. 04.12.1993 As per instructions of A1, A7 along with Md. On 01.06.1997 he having desired to companyfess, PW 145 K.S. The format of the companyfession is also companysistent with the requirements of Rule 15 of TADA Rules. This application had also included aforesaid provisions of TADA Act. When I gave my telephone Number and address to Ashfaque I had told him that I may speak to him in the name of Abdullah. I enquired from him whether the blasts were number powerful as numberpersons had been killed. After Tahir got down I returned to my seat in the Pantry car and occupied the seat. I gave him the platform ticket. P 266 dated 25.08.1994 was thereafter filed in the companyrt of Designated Court, Ajmer, Rajasthan against accused Nos.1 to 13. Later one day I took Ashfaque Khan to nearby restaurant and enquired from him about the possibility of getting explosives from Rajasthan. PW 141 B. M. Gupta, Chief Judicial Magistrate, Jaipur before whom the accused was produced has testified about such production and also that two sets of signatures were taken of this accused in the proceedings before said PW 141. He said he would send the money either to me or to Dr. Habib who would give the amount to me. The prosecution has also placed on record the receipt dated 28.09.1993 acknowledging receipt of Rs.3,000/ issued by Passport Office Lucknow which is at Ext. P 4 was recorded by PW1 P. Chhatwal on 01.01.1998 and 02.01.1998. Afaq Khan, A 6 Irfan Ahmed, A 7 Fazlur Rehman Sufi Asharfi E Shamin, A 8 Mohd. Ashfaque Khan gave me about 70 80 Gelatine sticks. PW 117 P. Chandrashekar Reddy, Superintendent of Police, Ranga Reddy Distt, on receiving information from Police Control Room reached the site at about 830 a.m. on 06.12.1993 and dictated proceedings Ext. The material I had brought was also told to all people. Karthikeyan, Inspector General of Police and Director CBI, New Delhi. This time he told me that he had arranged for some material. By that time Kari had also joined the meeting. A15 Aizaz Akbar who was apprehended sometime in 1997, desired to make companyfessional statement. P 521 was submitted seeking remand for 14 days. At the time of the arrest of A4, large quantity of arms and explosives were recovered. Initially Dr. Habib and Afaq and some others were number agreeable to his as they felt that some innocent lives would be lost. The companyfessional statements of each of these accused which are found to be admissible in law, themselves are sufficient to establish the case of the Prosecution against them. Sharma, Inspector General of Police and Director CBI, New Delhi. Thereafter A7 and Nisaar boarded the bus and left for Baroda. PW 62 H.C. Singh about the voluntariness of the companyfession, the certificate appended thereto and the other material circumstances we accept the companyfession to be companyrectly recorded and reject the submission that it was number voluntarily recorded. PW 55 A.L. As per instructions I purchased the ticket for 6.12.1993 in Frontier Mail from Kota to Bombay in 1st Class. The remaining arms explosives out of the lot, which I had procured from time to time were in my residence and were seized by CBI. In this application, he had included the provisions of Sections 3, 4 and 5 of TADA Act. 247 Fax message had named A3 who was then arrested on 14.01.1994 from Rai Bareili and produced before the Judicial Magistrate of Lucknow. A16 was thereafter produced before PW146 Prem Kumar, CMM, Delhi. He was produced on 03.06.1997 before PW 147 Mr. S.K. He was produced before the Judicial Magistrate on 15.01.1994 who directed that he be produced before the Designated Court, Kanpur which after he was so produced, by its orders dated 17.01.1994 and 22.01.1994 remanded him to police custody. I told him to try. People also call me by name Kari. Director FSL after examining the articles seized from the scene of occurrence companycluded that the bomb was kept in Alfa luggage with electronic clock machine needle etc. A16 brought arms and ammunitions from Srinagar to Lucknow and delivered the same to A4. I had told him that on telephone he should call for me by the name Abdullah. I told him that I had brought the materials and showed him all the materials, which were in my box. The victim was seated in seat No.136 of D 1 companypartment whereas the explosive device was reportedly kept under the seat Sadiq for his journey from Surat to Bombay. He gave me about 5kg explosive Barood 04 detonators and 4 timers. P 158 which seizure was proved through PW32 R.D. We do number find anything on record to doubt the companyrectness of said order Ext. He had taken the material from me in Bombay. At about 6 a.m. on 06.12.1993 an explosion took place in Flying Queen running from Surat Railway Station to Mumbai Central, near Bestan Railway Station causing injury to one person. 66.4 PW 33 Md. In that explosion near Kanpur Railway Station, two persons were injured. I was arrested by CBI on 13/1/1994. Neither at the stage when he was produced before PW 141 B.M. No.37 S /93 of CBI Jaipur, RC 43 S /93 of CBI Ahmedabad and RC No.32 S 93 of CBI Hyderabad against those registered under Serial No. The blast caused injuries to the various passengers and damages to the public property. His custody was thereafter given on 27.10.1994 and the accused was brought to Ajmer and produced before the Designated Court on 28.10.1994 on which date police custody was granted. Investigation revealed that the said suspect though reserved the seat but did number travel in this train. Amin in the Designated Court. Till then I had number known Tahir closely. 3000/ . We reached Baroda at about 6 A.M. Tahir took us to a Hotel which was near a Mosque about 10 minutes walk from the Rly. Originally sixteen accused persons were tried for having companymitted offences under TADA Act and other enactments. As directed by the Judicial Magistrate, he was then produced before TADA Court on 17.01.1994 which by its orders dated 17.01.1994 and 22.01.1994 remanded him to police custody. After 1 2 days, while returning from Delhi he again stayed at Dausa. Kaushik, CMM, the retraction is unacceptable. For this I had purchased a return journey ticket from Kota to Bombay in first class in the name of Samir. Amin were charged u s 120 B IPC, Sections 3 3 , 5 6 of TADA Act, Sections 4 a 4 b of Explosive Substances Act and Section 9 B of Explosive Act. On 21.05.1996, Metropolitan Sessions Judge, Hyderabad, Designated Court under TADA Act ordered discharge of accused under the provisions of TADA Act in four cases namely Sessions Case Nos.438 of 1994, 584 of 1994, 13 of 1995 and 14 of 1995. On the platform at the railway station. On my way back I stayed in Dausa for some time and companye back to Bombay. When I came back to Kashmir after getting training from Pakistan then Illiyas kept my name Kari and told all his companyleagues about it. Habib of Rae Bareilli, who was also interested in taking up the cause of Muslims and some direct action against the Govt. All the four persons were to meet at a hotel in Baroda. PW 148 P. Kaushal was the Investigating Officer as regards both crimes registered at Lucknow. Nissarudin was also recorded by PW 109 K.V. He told me that this was to protest against the demolition of Babri Masjid and to take revenge against Hindus. 3000/ in an insured companyer form Mumbai to A3 to be handed over to A4. Tahir had companye to Baroda earlier to survey the area and see the security arrangements at the Rly. 1 to 13 for offences punishable under TADA Act and other enactments. Around the same time, A9, A10, A11, A12 andA13 went to Hyderabad from Gulbarga, stayed in Deccan lodge A12 and A13 Md. The companyfession of A2 stands fully companyroborated by circumstances on record and by the companyfession of A1and the case against him stands fully established. It was observed by the Designated Court that numbere of the FIRs in those four cases was registered under any of the provisions of TADA Act. The witness further stated that he had obtained signatures of A1 on the photograph and on the application. The companyfession further goes on the narrate his involvement in the crimes. Nissaruddin Mujju, A 11 Mohd. This companytemporaneous material, therefore, fully establishes the invocation of provisions of TADA Act and the existence of Exbs. An application was thereafter moved by PW 145 K.S. He said that mostly people from the upper class who are from the majority Hindu companymunity travel in these trains. On 4.12.1993 when these persons were to leave Saleem felt that there should be one more person for his help. He took this to Gulbarga. He said he would try and arrange some explosive material for me. to register the case U s 3, 4 and 5 of TADA besides other Sections of Law. Zaheeruddin was recorded by PW 105 Rajeev Trivedi in companynection with Crime No.636 of 1996, Abid Road, P.S., Hyderabad. The Designated Court had granted police custody till 07.01.1995 and from 07.01.1995 this accused was remanded to judicial custody. 5th 6th December 1993 A4, A6 and one Hameed absconder went by bus to Kanpur and stayed in Hindu Apna Hotel. 247 regarding addition of Sections 3, 4 and 5 of TADA Act in both the cases. D 198 was moved on behalf of A5 Afaque Khan that said Accused was in illegal detention of CBI, to which a reply was filed in the Court at Lucknow that the Accused was interrogated on 17.1.1994 and was called for further interrogation on 21.01.1994. The proceedings dated 4.03.1994 bear the signature of A1, which fact is admitted by him. The Bangalore Kurla Express arrived at about 8.30 P.M. This was about 15 20 days before 6.12.1993. The said material was black explosive and one pistol. Hamir Ul Uddin Hamid, Mohd. and the people and avenge the demolition of Babri Masjid. My father name is Noor Mohd. Later I went to Bombay and joined as Lecturer in JMC Anjuman College of Commerce, Bombay. It was in August, 1993. On 08.03.1994 A8 Mohd. Station and waited for the Frontier Mail. I came to Nakhas by cycle rikshaw from Lucknow Station and reached Phool Wali Gali. He was also the Investigating Officer regarding the crime registered at Jaipur but was later replaced by PW 150 P.D. Later after about 1 to 1 1/2 months I telephone to him and enquired about the explosive materials. In the night at around 10 pm Hamid and myself went to the Railway Station. The case of the Prosecution against this accused is fully established. FIR No.251 of 1993 was therefore registered for offences punishable under Sections 3, 4 and 5 of TADA Act besides other provisions. The CBI thereafter re registered the crimes as R.C. Sessions Case No.438 of 1994 arose from FIR No.336 of 1993 of Police Station Abid Road in which companyfessions of present accused Nos.9, 10, 11, 12 and 13 were recorded. He, therefore, narrated how he and other accused had planned and executed the explosions that occurred on 5th and 6th December 1993. The case of the Prosecution against this accused stands fully established. One more person, whom I later came to known was Amin of Madanpura came there after some time. PW 145 K S Nair was the Investigating Officer as regards the crime registered at Hyderabad. Sd dated 06.12.1993 Superintendent of Police, Ranga Reddy District To Station House Officer, Malkajgiri P.S. I remained at Bombay on 6/12/1993. Ahmed Hussain, which revealed the facts that attracts Section 3, 4 and 5 of TADA besides others Sections of Law. One Kari, who I later came to know was from a village close to my native village, joined us later. Zaheeruddin Ahmed Ahmed, A 11 Mohammed Shamsuddin Painter Baba, A 12 Mohammed Azeemuddin Azeem, A 13 Mohammed Yusuf are guilty of the offences punishable u s 120 B I.P.C., Section 3 2 i , 3 2 ii , 3 3 , 5, 6 1 TADA Act, 1987 Sections 302, 307, 326, 324, 436 I.P.C., Sections 3,4 Explosive Substances Act, Sec. It further found that sanctions to prosecute under Section 20 A 2 of TADA Act were also invalid. When the companych was nearing Kota Station at about 4.00 A.M. When I came out I felt companyd as it was the month of December, so I went to a hotel near the railway station. I reached Gulbarga Station on 5.12.93 at about 8.15 P.M. On 16.02.1994 PW 103 K.M. Mukhi, Handwriting expert prove the writing and signature in the register in question to be that of A4. GRP Allahabad which was later re registered as FIR No.597 of 1993 of P.S. D 53 was filed against A15 Aizaz Akbar and six other absconding accused. P 1 are as under We left for Hyderabad at about 11 PM and reached there at about 7 AM and stayed at President Lodge near Mauzam Jahi Market. It found that there was numberprior approval in writing to invoke the provisions of TADA Act and as such the entire case had to be transferred under Section 18 of TADA Act to the companypetent Court for disposal. P 514 dated 03.01.1998, we have numberhesitation in discarding said submission. Nair produced him before PW1 O.P. I then went to Delhi and Pilkhua. Kaushik, Chief Metropolitan Magistrate, Delhi. I agreed to this and told him that I would do something. He came out of the companych after companynecting the wires and activating the device. P 59 and the passenger was allotted Seat No.1 in Compartment PC 2. He went to Gulbarga and spoke to his friends. He also gave me about Rs. He also gave me Rs. I also gave him about Rs. P 450 was to the following effect PROCEEDINGS OF THE SUPRINTENDENT OF POLICE RANGA REDDY DIST. I was number agreeing to this also, but Kari told me that he will arrange everything and I only have to supervise the work of the boys, who will carry out the work. After keeping the bag, he came out. When the Frontier Mail came I boarded the 1st Class companych in which I had a reservation in the false name of Sameer I travelled under this name and reached Bombay on 7.12.1993. He was accordingly produced before PW 141 Brij Mohan Gupta, Chief Judicial Magistrate on 22.11.1994. On production warrant issued by the Designated Court, Ajmer pursuant to the application moved by PW145, S. Nair, custody of this accused was given on 28.05.1997. P 172 is a document from Rae Bareili Post Office with endorsement in Hindi, which according to prosecution was in the hand writing of A 3 Dr. Habib, to the following effect Ek Kita No.540 Kimti 3,000/ Teen Hajaar ka seal band Durust Paya. Accordingly they were charged for having companymitted offences punishable under TADA Act and other enactments. P 521 therefore refers to all details and particulars gathered after such interrogation. PW 132 L. Mukhi Hand Writing Expert has deposed that the endorsement and the signature in question were that of A3. Abdul Karim had stayed in Rae Bareilli for some time. He, therefore, went to Mumbai on 13.01.1994 and reached STF Office at 700 pm. The retractions are also much later, the first being on 21.4.1994. The retraction stated that the accused was forced to sign some written plain papers which as far his apprehension companyld be used as companyfession. He came to me and checked my ticket. He told me that he has number been able to arrange the materials. R. D. Kalia, Inspector, CBI, Jaipur to proceed with the investigation accordingly. After reaching Bombay I went straight to my house. During this period Kari had also met me on a number of occasions. GRP Kanpur. During the meeting the companydition of Muslims particularly after the demolition of Babri Masjid and the attitude of Govt. He was to return back from Kota Frontier Mail on 6.2.1993 itself. Thereafter everybody was knowing me by the name Kari. August 1993 A1 acquired 70 80 Gelatine Sticks, 25 30 detonators and 25meter of fuse wire from A2. Sometimes in Mid93 one Aizaz of Gulbarga, who was working with a travel agent Tawakkal travels, became friendly with me. No.44 S /93 of CBI Lukcnow, R.C. From reading of the documents and other case papers he found that the provisions of TADA Act were attracted to the case and therefore prepared Report dated 08.01.1994 seeking approval for adding provisions of TADA Act. The testimony of PW 133 S.C. Mittal, Handwriting Expert establishes this fact. Immediately, search of the residence of A2 Ashfaque Khan was effected in which certain documents were seized indicating his companyplicity in the crime. Tuffail and Sufiyan who met me at Kashmir were also there. He also gave me three packets companytaining some explosives, which he said can catch fire after sometime if acid is put in it. However according to the Record, A5 Afaq Khan was arrested at 10 p.m. on 20.01.1994 by Delhi Police in companynection with Case number 46/94 of P.S. Two of these boys were Afaq and Tuffail. The device was thrown out of the Railway companypartment and as such did number cause any damage. The role of this accused thus stands firmly established. I gave him about Rs. I gave him Rs. ii RC 43 S /93/CBI Ahmedabad iii RC 37 S /93/CBI Jaipur iv RC 43 S /93/CBI Lucknow RC 44 S /93/CBI Lucknow En dt. The case of the Prosecution against aforementioned Accused Nos. By subsequent order dated 03.08.1994 the accused was sent to judicial custody. P 255 was in companyformity with the recruitments of law and the guidelines laid down by this Court. The accused was given 24 hours time to think over the matter. of Police, Ranga Reddy Distt. Abu Bakar who was studying at Nadwa at Lucknow was also present. He was brought to Delhi on 30.05.1997 and kept in custody. It was decided in the meeting that Illiyas would give me the materials, i.e. P 253 are as under I studied at St. Johns College Agra, from where I did Com in 1963. He was initially in charge of investigation regarding the crime registered at Ahmedabad as well, but was later replaced by PW 140 V.K. 1, 2, 3, 4, 7, 14, 15 and 16 thus stands fully established. After companysidering the entire material on record and hearing rival submissions, the Designated Court companysidered the matter in the light of following points Whether prior approval to apply the provisions of TADA Act as required under Section 20 A 1 of the TADA Act and sanction to take companynizance of the offence as required under Section 20 A 2 of the TADA Act is valid? However, since Chief Judicial Magistrate was on leave, the Additional Chief Judicial Magistrate directed that the accused be produced on 22.11.1994. I left home at about 7.PM and went to the house of Shamsuddin. Soon after recording of the companyfession the companyfession was sent to the Court of Chief Judicial Magistrate and A7 was also produced before Chief Judicial Magistrate, in keeping with guidelines issued by this Court in Kartar Singh v. State of Punjab supra . The reservation was in the name of Samir. After the meeting Kari showed me one imported pistol which he had brought from Kashmir. He had companye from Kashmir and had brought a box, which he told me companytained some shawls and pashmina materials from Kashmir. Later, he offered me a seat in the adjoining Chair Car. I also gave a fake address of Kamanwar Nagar,Vikhroli which I had written. Separate crimes including Crime No.336 of 1993 were registered. He told me to write any fake address on the requisition slip. RC 32 S /93/CBI Hyderabad. This appeal under Section 19 of the Terrorist and Disruptive Activities Prevention Act, 1987 hereinafter referred to as TADA Act challenges the judgment and final order dated 28.02.2004 passed by the Designated Court Ajmer, Rajasthan in TADA Special Case No.6 of 1994. I told him that sending the materials was quite difficult. Hence , for better appreciation of facts and through investigation of the cases, the investigation in these cases STF, New Delhi will be the C.I.O of these cases. Considering the fact numbercomplaint was made on the day he was produced and the retraction for the first time was done nearly one and half year later, we reject the submission that the companyfession was brought about by torture or companyrcion. The companytents of the companyfessional statement as well as the certification companypletely establish the satisfaction of the Recording Officer about voluntariness of the companyfession which part is companysistent with the requirements in law. 523 shows the writing signifying stay of one Samuel with address Kannamwar Nagar, Vikhroli, Mumbai. Tahirer returned back after seeing off Shamim. Accordingly after a few days sometime in Nov93, I had administered an oath to Afaq, Hameed, Irfan and Tuffail separately by asking them to keep their hands on Koran Sharif and recite the oath. In the subsequent retraction it was alleged that the accused was tortured physically and mentally and that during his remand period he was forced to make some companyfessional statement and forced to sign on certain written papers and some blank papers. P 250 deals with and throws light as regards all stages of the companyspiracy as projected by the Prosecution. He had kept these in a box in Alvis house where some books were kept. Vijaya Dev Prakash who was working as Enquiry cum Reservation Clerk at Bombay Central Railway Station at the relevant time. On my way back I again haulted at Dausa for some time. He left on the same day. Meena applied before the Designated Court, Ajmer seeking production cum arrest warrant, which was accordingly issued. P. 292 and the deposition of PW 132 S.L. The seizure memo was proved by PW 32 Inspector R.D. Out of the aforesaid six incidents, the explosion that occurred at Maula Ali Station in Hyderabad had caused death of two persons. The companyfession refers to three circumstances in respect of which material is available on record. Few days before my arrest I had given on bag companytaining some arms revolvers, Kattas, cartridges etc. Section 9 B of Explosive Act, Section 4 of Prevention of Damages to Public Property Act, Sections 150 151 of Indian Railways Act and Sections 302, 307, 326, 324 436 IPC with each offence. With the withdrawal of appeals, the order passed by the Designated Court holding the invocation of TADA Act under Section 20 A 1 in respect of four crimes including one under FIR No.336 of 93 to be invalid, attained finality. He however gave me 2 3 detonators which he was having. Since the Judge presiding over the Designated Court was on leave, he was produced before Additional Sessions Judge who gave him two days remand. that the Shrine of Babri Masjid was alive and injustice was being done to muslims. Meena moved an application on 10.10.1994 before the Designated Court, Ajmer seeking his production warrant, which was accordingly issued. It may be numbered that a telegram was sent on 18.01.1994 to the Honble President of India that said accused was in the companyfinement of CBI. I numbered down his address and telephone number and also gave my telephone number and address. In the Hotel Register I made an entry in the fake name of Steven Samuel, a Christian name. Outside the Police Station there was an STD Booth. The accused exhibited 204 documents in defence. He had given his address in writing. On the main road, I took a room in the Hotel. Later, they all agreed as it was felt that demolition of Babri Masjid was an issue on which some lives companyld be sacrificed and all of us should be united on this issue. I then went to him after 10 12 days. I also met there one Abdul Wahid Yusuf, who had already studied there. GRP Kanpur was accordingly registered. After living for 10 15 days I again went back to Kashmir. Chhatwal who gave him 24 hours time to think over the matter. He was therefore produced on 01.06.1997 before PW1 O.P. I discussed the plan with him. At that time the atmosphere in Bombay was tense and we discussed about the plight of muslims in the companyntry. 24.11.1993 A3 received Rs. On 13.10.1999 the Designated Court passed Order framing charges against Accused Nos.1 to 16. Accused No.6 Irfan Ahmad escaped from custody while the trial was going on and therefore his case was separated. Malkajgiri Sri P. Radha Krishna Rao, Sub Inspector of Police, Malkajgiri S., sent the companytents of the companyplaint given by Sri. He told me that it companytained some potash and sugar. Expres near Hyderabad had also been arranged by him through his men. He told that it was Rs.4000/ including the money which he had given earlier. I kept all those materials in a steel box alongwith my clothes and reached Jammu by bus. All the accused denied the case of the Prosecution and submitted that their companyfessions were number voluntary. P 257 to be valid and in companyformity with the requirements of law and guidelines issued by this Court and accept it to be admissible and reliable. All the other accused namely A 1 to A 5, A 7 to A 11 and A 13 to A 16 are presently in appeal. Re A14 Md. Vide numberifications dated 21.12.1993 and 28.12.1993 the crimes registered by first Five FIRs, where the explosions had in fact occurred were transferred to Central Bureau of Investigation CBI, for short for investigation. At day time I also used to go for walk. was discussed and it was decided that something should be done on 6/12/93 to remember the demolition of Babri Masjid one year ago and remind the Govt. Having gone through the companyfession which records the satisfaction of the recording officer i.e. One boy namely Mustaq also met. Sadiq, Partner of Firm named Faruq Impex where A7 used to work deposed in Court that A7 had number companye to the office on 3rd, 4th, 6th and 7th December, 1993. It was kept in the Chair Car in the space between the seat and the companych wall. I stayed in the hotel till around 1230 P.M. As I companyld number sleep well I left the Hotel and came to the Rly. D 159 is dated 20.08.1995 nearly one and a half year later and states that his signatures were obtained on blank papers after he was badly tortured and that he had never given any companyfessional statement. Amin was apprehended. Illiyas had given me Rs. It further shows the involvement and the important role played by this accused at every stage. On numbere of these two dates any companyplaint was made that either the accused was beaten or tortured or that his companyfession was obtained by exercise of any threat or companyrcion. The money for these tickets was paid by me. The first part of the statement was recorded by one Nepal Singh in his handwriting. He also asked me and others to agree to the suggestion as Babri Masjid was an issue on which everybody should be united. D 2 stating that the companyfessional statement was obtained by employing third degree method and his signatures were obtained on blank papers. B.P., Upadhayay,Asstt. PW38 Swami Dayal, who at the relevant time was working as clerk in the Post Office at Rae Bareili also stated that the writing and the signature of A3 as well as the attestation by PW37 Ganga Narayan was done in his presence. He told me that he would tell me the final programme on 2.12.1993. Meena. During this visit I also deposited an application for my passport, with a travel Agent. The case against A7 thus stands fully established. 600/ to 700/ for the ticket. Gupta on 28.07.1994 number on 03.08.1994 or soon thereafter any companyplaint was made or objection was raised about number voluntariness of the companyfessional statement. He was remanded to judicial custody on 19.02.1994. He was having some money in his pocket and gave to me. The material recovered at the time of his arrest and during search and seizure was also made over. I gave materials to him which I had bought from village Guddu Chadar. As he was short of some funds I gave him Rs. I was also given Rs. He has written the word ABDULLAH in the card and stated that he will call over phone by name Abdullah. D 1 came six months later on 26.06.1998. and Reservation Centre at Secundeabad. On 5.12.93 I told my family that I was going to Hamdabad to attend marriage of one of my friends. In all as far as I remember I gave him about Rs. After living for 10 days I went to my home at Basti. He was later arrested in June, 2015 and is number being proceeded against separately. We discussed about the plight of Muslims and the plans of causing disruptive activities which I was having in my mind. Director, FSL Ahmedabad and opined that Amonium and nitrate redicles, redicles of ammonium nitrate and the hydro carbons of petrolium oil mixture of high explosive were detected in the exhibits. He also explained to me the use of these detonators. P. CHANDRA SEKHAR REDDY, IPS.,
251/Camp SP RR/93 dated 06.12.1993 Sub Cr. of Police B.I. C 7, which exploded at about 5.15 AM on 6.12.93 between Indragarh and Amli Stations. With a polythene bag in which I had kept my clothes. GRP Valsad. After 2 3 days we had again met at the same place and the same talks were repeated. 2000/ for this work, which I provided after a few days in cash. He also gave me one pistol having a magazine with eight rounds. The later retraction dated 09.01.1995 stated that he was forced to sign on certain papers, the written matter was neither described number shown to him. Nair informed PW1 O.P. P.C. Later I got preoccupied with my plans for 15/1/94 and did number give much thought for preparing any plan for 26/1/94. He used to speak ill of Hindus, that is why I companye under his influence. After surveying, we returned to the lodge. He had then selected a hotel where these persons were to stay. Some of those present also raised the question of funds for purchasing tickets etc. Tufail absconder attended a meeting at Srinagar and decided to do terrorist acts in State of Uttar Pradesh. I had sent the amount sometimes in mid Nov93 but I had number received any information about their exact plan. SM Darji, Asstt. The present arrangement of CIOS from STF and Assisting IOs from the companycerned branches for these cases will, however, companytinue. Chhatwal on 01.01.1998 on which date he was given 24 hours time to think over the matter. He was however required to go to Hyderabad on 11.01.1994. P60 of P.S. from Police Control Room. After filing of the aforesaid charge sheet A14 Md. Azeemuddin though companyvicted and sentenced by the Designated Court was found to be juvenile on the date of occurrence in this appeal and as such his case stands separated. 2 3 times I also visited Nadwa Hostel alongwith Abu Bakar. He had taken my address and telephone number. Illiyas called me to meet them at University Ground. Order RC No. 2500/ to 3000/ for this. Exp. On that day a number of boys who came to me for companyching or borrowing books for binding etc. I therefore, direct Sh. 300/ to clear the Hotel Bill. In the passport application I had given the address of my native village. I was taken there by Afaq who has a training institute in the same building. 3000/ by post on around 18 20th Nov. 25 30 detonators and some fuse wire. In short period I took him into companyfidence and discussed my plans with him. He asked me whether, I was willing to join him in making this successful. I only know that he was also residing on Souter Street. Meena that numberevidence was found regarding his involvement in the present matters. In all there were reservations for 11 passengers including the suspect and the victim in the said D 1 bogie. The substance of the oath was I will number do anything against the law of Islam, I will number misuse the money given to me for the cause of Islam and I will number disclose the secrets of our group. All the aforesaid six crimes were registered against unknown persons. I had kept the said paper safely. If some persons from this class are killed or injured, it will create a lot of impact. Ramniklal Malukchand Shah Head Clerk, Retd. I had earlier given him about Rs. Meena had interrogated him on 04.02.1994. The exhibits have been seized from the scene of occurrence by the local police authorities and sent to the Forensic Laboratory Ahmedabad for expert opinion. The seized articles included iron nails, clock pieces and the pieces of Alfa luggage etc. Having satisfied, I am permitting the S.I. I went by an auto and purchased Kg nails and 2 Kgs. However after it was found that he was number in any way involved in the matter, aforesaid application under Section 169 was moved. The record indicates that thereafter on 17.07.2001, at the request of State of Andhra Pradesh, the aforesaid appeals were allowed to be withdrawn and companysequently numberice issued to the then Commissioner of Police stood discharged. I had used the name Crush India Force for these activities. In 1970, I did MA in Political Science from Poona University and in 1973 I did MA in Economics also from Poona University. After a few years I left the job and started my own business which I left in 1970, after my partner expired. It was a pantry car. He was still number able to arrange the material. He had asked number to introduce him to any one. through articles in Newspapers, magazines and books had failed. Kalia. In order to prove its case, the prosecution relies on number of exhibits and testimony of various witnesses. He asked me if I companyld do this. At that time the wires were companyered with tape. No.251/93 of P.S. Amish Piyushkar Shah aged about 23 years R o Vanktash Appartment 7/A Ami Falia Surat, the attendant of the companyplainant Shy. He asked me whether I companyld arrange for the same. and assist him in his terrorist and subversive activities, as my efforts in voicing the grievances of the companymunity and protesting agsint the attitude of the Govt. He directed us to go away immediately after planting. and attract lot of publicity also. The companytemporaneous record also fully establishes and supports this part and the submission that these approvals were brought about subsequently is rejected. D 150 was made on 26.08.1995. Around 8P.M. As regards the receipt on insured envelope. This decision of the Designated Court dated 21.05.1996 was challenged by State of Andhra Pradesh by preferring Criminal Appeal Nos. P.O Malkajgiri for inf. On 18.04.1995 an application under Section 169 Cr. He wanted me to companye out openly against the Govt. Uday U. Lalit, J. He said that if funds are number available he would companytribute Rs. We waited on the platform at the Staion for about an hour. P. 429 430 and of A13 Md. P. 427 428 of A12 Md. 700/ to Rs. 1 Sd C.Singh dated 13.01.1994 Supdt. to think over the matter. His brother PW42 Sikandar Mirza proved the relevant entries in the register and the fact that he had deposited fee of Rs.300 in the Passport Office on 28.09.1993. and majority Hindu Community. Even them we looked for companyroboration from circumstances proved on record. During this period I decided to postpone the date from 31/7/93. and will utilize it for illegal purpose but I came under his influence. Inclusion of these Sections of law is approved. On 26.04.1994 an order was passed clubbing all five cases as they were found to be outcome of a single companyspiracy. I then offered to companytribute Rs. Plaster of paris. In the face of the testimony companying from POW 147 Mr. S.K. Sd Supdt. Bindal. He was the mastermind and main architect of the companyspiracy. I companyld number sleep. 62.5 The prosecution has examined PW16 Smt. with date 19.11.1993. 800/ during my earlier visit. They had taken two rooms. I enquired from them whether they were all right. 2000/ for fare etc. were present. PRESENT SRI. were used to ensure delay mechanism. Copy to S.D. and number to disclose the secrets of the group. So understand that it was his phone call. P. 184. However numbermajor injury was suffered by anyone. My berth was a lower berth. 800/ for my expenses on the way. These articles were examined by Sh. 8/94/STF BB/1396 Dt. I made an excuse to the companyductor that it is companygested and will number suit me. that the issue was alive. This was in the last week of Dec90. On 01.09.1995 he was released on interim bail. 20803. 2010 2013 of 1996 in this Court. 26.4.1994 Arun Bhagat Addl. 6000/ for expenditure. 4000/ in all. I only heard the news through the media. D 153 . 500/ . He was from Allahabad.
| 0 |
train
|
2016_168.txt
|
under the Scheme of Indrapuram and paid registration amount of Rs.42,000/ on 28th July, 1989. He had already paid a total sum of Rs.5,74,993/ but the respondents were allegedly wrongly insisting for the payment of an additional amount of Rs.2,34,127/ before delivery of possession of the plot. The amount liable to be paid by the appellant was stated to have been calculated strictly in accordance with the terms and companyditions of the brochure circulated. As the plot was number delivered to him, the appellant filed a companyplaint under Sections 36A, 36B a and 36D of the Monopolies Restrictive Trade Practices Act hereinafter referred to as the MRTP Act before the Monopolies and Restrictive Trade Practices Commission hereinafter referred to as the Commission which was registered as Unfair Trade Practice Enquiry No.92/97. A further sum of Rs.63,000/ being the reservation amount was paid and plot allotted to him vide letter of the respondent authority dated 5th November, 1989. LITTTTTTTJ The appellant applied for the allotment of a plot measuring 350 sq.mtrs. Vide letter dated 28th February, 1995, the appellant was informed that if the balance amount is number paid by him by 30th November, 1995, interest would be charged on the balance amount due. The respondents companyld have cancelled the allotment in terms of the regulations companytained in the brochure but it was number done to facilitate the appellant to make the payment of the balance amount. The appellant thereafter paid a sum of Rs.2 lakhs on 7.1.1997 and Rs.1,29,600/ on 13.1.1997 before filing his companyplaint in the Commission on 28th February, 1997. Regarding delivery of possession, it was companytended on behalf of the respondent authority, that in the brochure only estimated time of companypletion of scheme was indicated and delay in companypletion had occurred due to various factors including the companystraints of funds. The first instalment of Rs.76,125/ was paid by him on 16th August, 1990. It was companytended that the necessary facilities of sewerage, drainage, water supply and electricity companynections were made available to the plot holders including the appellant in Indrapuram Scheme. Having failed to perform his part of the companytract, the appellant cannot be permitted to urge that he is number liable to pay the balance amount along with interest as according to him the respondent authority had failed to deliver possession as per terms of the brochure. Notice of enquiry under the provisions of the MRTP Act was issued to the respondent who appeared before the Commission and companytended that the appellant himself through his letter dated 13th December, 1996 admitted the delay in payments and indicated his willingness to pay the entire amount outstanding against him with the request number to cancel the allotment due to delayed payments. Further instalments during 1990 95 were number paid allegedly on the ground that the respondent authority had number made any development at the site. It was further pleaded that the paucity of financial resources had been caused due to delay or default in payment by the allottees like the appellant. The appellant further stated that he was made to believe that the possession of the plot would be handed over to him by the year 1991. The appellants companytention is that in terms of the aforesaid letter the interest, if any, can be charged for the period companymencing from 30th November, 1995 and number earlier to it. SETHI,J.
| 0 |
train
|
2000_418.txt
|
That proposal was processed and ARORA Date 2017.09.08 155515 IST Reason eventually as per the directive issued by the Oversight Committee for short OC companystituted by this Court for approving the renewal of permission with certain companyditions, the Central Government issued Letter of Permission for short LOP on 20 th August, 2016 on companyditions imposed by the OC. The petitioner companylege made an application for renewal of permission for admission of 5 th batch 100 seats in MBBS companyrse for the academic session 2016 17, to the Medical Council of India. Compliance verification assessment was companyducted by the MCI on 21 st December, 2016 and 6th and 7th February, 2017. Pursuant thereto, inspection of the petitioner companylege was undertaken on 19th 20th November, 2015. M. KHANWILKAR, J.
| 0 |
train
|
2017_395.txt
|
Hapu Ram was having a pistol in his hand. On the way Hapu Ram joined them. The Trial Court found that the case was established as against Hapu Ram,Surja Ram and Raju Ram. After bringing the vehicle close to the well, Hapu Ram and Surja Ram made Jeevan Ram get down. Later Mohan Ram left at which stage Surja Ram and Hapu Ram caught hold of Jeevan Ram and made him sit in the front between them. Hapu Ram and Surja Ram made Jeevan Ram get down, then strangulated him by the cycle tube and threw him in the well. Referring to the testimony PW1 Chatra Ram, it was submitted that the role of Hapu Ram and Surja Ram as stated by the witness in his examination in chief was Both Hapu Ram and Surja Ram had got down and brought Jeevan Ram forcibly and made him sit in the vehicle. While passing along they found Jeevan Ram on the road, whereupon the jeep was stopped and Hapu Ram and Surja Ram got down. The other two namely Surja Ram and Raju Ram were acquitted of all the charges. The High companyrt however acquitted Surja Ram and Raju Ram of all the charges. The witness further stated that before strangulating him, Hapu Ram had asked Jeevan Ram to marry his younger daughter with him. The cross examination also did number challenge such assertion by the witness that both Hapu Ram and Surja Ram had made Jeevan Ram get down from the vehicle near the well. Hapu Ram had threatened them number to say anything to anyone. While dealing with the eye witness account through PW1 Chatra Ram as regards the role of Surja Ram, the High Court observed as under Witness stated that Surja Ram and Hapu Ram strangulated deceased Jiwan Ram, but in the cross examination, said witness stated that deceased Jiwan Ram was strangulated by Hapu Ram and before doing so, even Hapu Ram asked deceased Jiwan Ram to marry his younger daughter and, in that event, he would be relieved, but his proposal was number accepted by Jiwan Ram and, at that time, accused Hapu Ram strangulated deceased by a cycle tube. The other two accused Bhanwru Ram and Mohan Ram were acquitted of all the charges. The witness stated that he and Mohan Ram resisted but Hapu Ram said that they be dropped at Nagaur otherwise he would kill all of them. P21 written by Hapu Ram stating that his marriage with the daughter of Jeevan Ram should number be cancelled and had given threats therein. It companyvicted Hapu Ram and Surja Ram for the offences under Sections 341, 364, 302 IPC read with 120B IPC, while the other accused named Raju Ram was companyvicted under Section 302 read with Section 34 of IPC. Hence companyviction of accused Surja Ram under Section 302 of IPC cannot be maintained because of companytradiction in the statement With this view the High Court acquitted Surja Ram of all the charges. Hapu Ram with the pistol in his hand had stated that if anybody raised any protest he would kill them. The High Court while affirming the companyviction of Hapu Ram under Section 302 IPC and under Section 201 IPC acquitted him of other charges. They brought Jeevan Ram forcibly and made him sit in the jeep. Out of five accused who faced the trial, Bhanwru Ram and Mohan Ram were acquitted by the Trial Court. The Respondent Surja Ram be taken in custody forthwith to undergo the sentence awarded to him. In the Special Leave Petition preferred by the State, the Petition as against Raju Ram was dismissed by this companyrt but leave was granted as against accused Surja Ram. Father Jeevan Ram told the companyplainant to proceed with the Motor Cycle while he would return in the tractor of one Mohan Ram. Thus, the allegation of strangulation by Surja Ram was number made in the cross examination. In the appeals preferred by companyvicted accused, the High Court affirmed the companyviction and sentence of Hapu Ram under Section 302 of IPC while acquitting him of the other charges. This matter is therefore restricted as regards challenge to the acquittal of Surja Ram by the High Court . One of them named Chatra Ram was granted pardon and was examined as PW1 in the trial. They were also companyvicted under Sections 341, 364 and 201 of IPC, while accused Raju Ram was companyvicted under Section 302 read with 34 IPC. One of the suspects Chatra Ram having being granted pardon, charges were framed against Five accused under Sections 147, 341/149, 120B, 364, 302 and 201 IPC and the trial was companyducted in the Court of Addl. Complainant PW4 Om Prakash submitted written report at Police Station, Nagaur at 1015 p.m. on 12.5.1998, that on 10.5.1998 he and his father Jeevan Ram were returning after attending a marriage around 1100pm, when the motor cycle tyre got punctured . The jeep was then taken towards Bidasar. Initially six Persons were alleged to have companymitted offences punishable under Sections 147, 341, 149, 364, 302 , 201 read with Section 120B of IPC. The jeep was taken close to the well. He was sentenced to life imprisonment for offence under Section 302 with fine of Rs.5,000/ and for sentence of 3 years under Section 201 of IPC with a fine of Rs. The companyvicted accused carried the matter by filing DB Crl. Uday Umesh Lalit, J. Later, both had caught hold of him and made him sit in the front between them. After going for about 15 20 kms from Village Katar, the jeep was stopped near a well by the side of the road. Pursuant to this report FIR No. The sentences were to run companycurrently. Jail Appeal No.27 of 2003 and 74 of 2003. The sentences shall run companycurrently. J. Pinaki Chandra Ghose J. Uday Umesh Lalit New Delhi, April 10, 2015 ITEM NO.1C COURT NO.13 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No s . Mr. Puneet Parihar, learned advocate appearing for State of Rajasthan submitted that the assessment made by the High Court was companypletely incorrect. PW 4 Om Prakash, companyplainant reiterated the companytents of his companyplaint. This appeal by Special Leave challenges the judgment and order dated 22.08.2007 passed by the High Court of Judicature for Rajasthan at Jodhpur in DB Criminal Jail Appeal No. During the trial the prosecution produced one letter marked as Exh. 1.000/ on the second companynt. The report further stated that his father had since then number returned. 206 of 1998 was registered and matter was investigated. 1,000/ .
| 1 |
train
|
2015_613.txt
|
D. thesis or passed the Phil examination by 31.12.1993 are exempted from the eligibility test for lecturers companyducted by UGC, CISR or similar test accredited by the UGC. The appellants filed writ petitions in the High Court of Judicature at Allahabad praying that they be granted substantive appointments as lecturers in the Hemwati Nandan Bahuguna Garhwal University for short the University in terms of the Uttar Pradesh State University Second Amendment Ordinance No. State Universities Amendment Act, 1992 for short, the amending Act . All candidates who have already been awarded Ph. By a numberification dated 21.6.1995, the 1991 Regulations have been amended and the following proviso has been added below the requirement regarding clearing the eligibility test for appointment on the post of Lecturer Provided that candidates who have submitted Ph. The amending Act amended the U.P. Since the Executive Committee of the University made recommendations in 1992 Statute 11.01 as amended by 26th amendment would apply in the cases of the appellants. By letter dated July 5/17.6.1992 University informed the appellants that they were number found fit to be regularised on the post of lecturers. By Circular dated 15.6.1993 in respect of candidates falling in category 3 exemption from appearing in the eligibility test was extended to candidates who had been awarded M.Phil, degree up to 31.12.1992. State Universities Act, 1973 for short, the Principal Act . The Executive Committee companyld make appointment only on the basis of the recommendations made by the Selection Committee. 1 of 1992 by the U.P. Thereafter the High Court addressed itself to the question if the appellants who had been given short term ad hoc appointments were entitled to substantive appointments. Rawat, G.P. Legislature called the U.P. Sharma and J.P. Madhwal are stated to be numberlonger interested in pursuing their appeals. For your information you companyld number qualify the following companyditions Recommendation No Reason Not qualified Were number working on 30/6/1991. Registrar Admn. 44 of 1991 which was latter passed as Act No. Sd Dy. 1998 1 SCR 685 The Judgment of the Court was delivered by D.P. Appellants Y.S. Originally there were eight appellants. WADHWA, J. A Division Bench of the High Court, however, did number find any merit in the writ petitions and dismissed the same by judgment dated August 20, 1993. Aggrieved, the appellants have companye to this Court. Special leave granted.
| 0 |
train
|
1998_155.txt
|
smuggled into the companyntry by Tiger Memon AA . Anwar had gone with Tiger Memon AA . Tiger Memon AA was also present. Tiger Memon had also companye there. Subsequently, he had met Tiger Memon AA . Hence, this appeal. He A 42 used to smuggle for Tiger Memon AA . He was informed by Tiger Memon AA that a landing would take place on 3.2.1993. At the instance of Tiger Memon, the bags of arms ? When they reached Chilparakalyan, they met Tiger Memon AA . Therefore, the appellant was involved with Tiger Memon AA . Tiger Memon AA used to keep the smuggled goods and silver in Wangni Tower. Confessional Statement of Mohd. Confessional statement of Mohd. Tiger Memon AA was standing nearby, and hence he met Tiger Memon who had told him to go to Mahim. Tiger Memon and companyaccused A 17 engaged in certain discussion, and Tiger Memon told him that there was some landing work on the said date. Thereafter, Tiger Memon AA alongwith Nisar came to the factory in the jeep of Tiger Memon AA and tried to open the lock. Tiger Memon AA instructed Dawood Taklya A 14 to companyceal the boxes of Kala Sabun. Tiger Memon AA , Javed Chikna AA and Yeda Yakoob AA opened the sacks. Upon the instruction of Tiger Memon AA in January, 1993 he had gone to Mhasla and had met Dawood Taklya A 14 and had also participated in the landing. He participated in landing and transportation from Shekhadi on 7.2.1993 and said that the associates of Tiger Memon AA were present including appellant A 3l . Evidence against the appellant A 102 Confessional statement of the appellant A 102 Confessional Statement of Uttam Shantaram Potdar A 30 Confessional Statement of Jaywant Keshav Gurav A 82 Confessional statement of Mohd. Tiger Memon AA had also arrived there after about one hour alongwith a jeep. In his companyfessional statement, he had disclosed that his maternal uncle Khalil Ali Nazir had been involved in landing of silver for Tiger Memon AA at Shekhadi Beach. According to him, Tiger Memon AA was there with 20 25 persons. regarding Dighi landing. Yeda Yakub had also been standing there alongwith Tiger Memon. Tiger Memon AA had even asked the watchman A 62 to leave. The tempo was taken by him alongwith absconding accused to Mumbra as instructed by Tiger Memon AA . The associates of Tiger Memon AA were unloading and shifting the articles inside the Tower. On 3rd February, 1993, his uncle Khalil asked him to help in the landing of companytraband for Tiger Memon AA in the night. Confessional statement of Shahnawaz Khan A 128 Confessional statement of Shahnawaz Khan A 128 revealed that he participated in landing on 7.2.1993. Confessional statement of Suleman Mohd. Wangni Tower he had allowed the same to be used for the purpose of facilitating the smuggling and landing of arms, ammunition, handgrenades and explosives as organized by Tiger Memon AA and his associates. Tiger Memon AA told him that Kala Sabun was an explosive and the wires were detonators. Tiger Memon opened the seven bags with the help of these persons. Tiger Memon AA brought the appellant A 131 with him to a hotel on Mahad Road. Dossa to the customs officers for each landing. The accused A 28 again met Tiger Memon AA on 8.2.1993 and went to Mhasla alongwith Anwar and Tiger Memon and brought 1500 sacks from one Gujarati in Pen. Here, he found Rahim Laundriwala and Dawood Taklya Mohammed Phanse Phanasmiyan A 14 , who introduced him to Tiger Memon AA . From there, they had gone to Shekhadi for the landing alongwith a large number of persons, and after the landing, the goods were brought to the Wangni Tower. Later, he A 130 found out that Tiger Memon was a smuggler. Evidence against the Appellant A 30 Confessional statement of appellant A 30 Confessional statement of Janardhan Pandurang Gambas A 81 Confessional statement of Jaywant Keshav Gurav A 82 Confessional statement of Mohd. According to the companyfessional statement of the appellant A 113 , he had been associated with the smugglers and had also met Tiger Memon AA . Confessional Statement of Dadabhai Abdul Gafoor A 17 In his companyfession, A 17 disclosed that he used to facilitate the landings of smuggled goods, and that he had been working with Tiger Memon AA and Dawood Taklya A 14 for the past 1 1/2 years. Tiger Memon got the goods unloaded from the truck and goods were kept in a room in Wangni Tower. Tiger and Yakub were also there. The appellant A 28 had thus been working companytinuously for Tiger Memon. Tiger Memon AA had been involved in Hawala business and smuggling of gold and silver from Dubai. After about one and half hours, Tiger Memon AA alongwith Yeda Yakub came there. The said landing was effected by Tiger Memon on two occasions in month of February, 1993 in which Tiger Memon and his associates at the behest of absconding accused Dawood Ibrahim has smuggled arms, ammunition and explosives and transported same from Shekhadi Coast via Wangni Tower to Bombay. After a while, Tiger Memon AA also arrived there and they shifted the bag companytaining rifles and ammunition to his car. Confessional statement of Dawood Taklya A 14 He supported the case of the prosecution regarding the participation of the appellant A 42 in the landing at Shekhadi. After meeting Tiger Memon AA and his associates at Hotel Big Splash on 2.2.1992, he had further facilitated the landings of arms, ammunition and explosives at Shekhadi on 3.2.1993 and 7.2.1993. He participated twice in the landing and transportation of arms and ammunition. Confessional Statement of Parvez Nazir Ahmed Shaikh A 12 He A 12 in his companyfessional statement has revealed that he had been working with Tiger Memon AA in the execution of hawala transactions and that he had been paying money to persons as was directed by Tiger Memon AA from time to time. Confessional statement of Sharif Abdul Gafoor Parkar Dadabhai A 17 He is also a landing agent. Accused A 61 participated in the landing and transportation of the companytraband. Confessional Statement of Abdul Gani Ismail Turk A 11 His companyfessional statement has revealed that the appellant A 28 had been at the residence of Tiger Memon AA at the Al Husseini building. He was further charged for the same and also for permitting smuggling activities of Tiger Memon AA and his associates on 2.2.1993. The said companytraband was transported by Tiger Memon AA into Bombay, and further, the aforesaid arms were recovered from his residence. In his statement, he gave full details of smuggling, landing and his participation in smuggling activities even in February, 1993 with Tiger Memon AA . On 3rd February, 1993, he A 17 companytacted appellant A 102 on telephone on the instructions of Tiger Memon AA and asked him to meet Tiger Memon at Hotel Big Splash. Confessional statement of Sharif Abdul Gafoor Parkar Dadabhai A 17 He has disclosed facts in relation to the landing at Shekhadi. Tiger Memon AA had arrived there alongwith Imtiyaz and Anwar in a blue companyoured Maruti car. Kasam Ghavate A 18 took the accused A 28 to Tiger Memon AA who asked him to go to Mhasla. Sultan Sayyed A 90 Confessional statement of S.S. Talwadekar A 113 Confessional statement of Mohd. The appellant A 102 sent Superintendent Sayyed A 90 who negotiated with Tiger AA , and Tiger told him that he had some work that day. Confessional statement of Jamir Sayyed Ismail Kadri A 133 He had participated in the landing at Dighi and he knew that weapons had been smuggled into India. Sultan Sayyed A 90 Confessional Statement of Mohd. Shafi, driver of Tiger Memon AA , asked accused A 61 to leave the room. He PW 2 sat in the tempo and they followed Tiger Memon AA and reached Shekhadi Coast at 9 p.m. When Tiger Memon AA reached there, he spoke to Liyakat about something and he A 130 was told to wait at the petrol pump for sometime, while Liyakat A 85 and Tiger Memon AA went to the factory. The facilitation and transportation of the companytraband, arms and ammunition landed at Shekhadi between 8th/9th of February, 1993, which had been smuggled to India by Tiger Memon AA and his associates. This was done by the appellant A 62 , permitting Dawood Dawood Taklya A 14 , Tiger Memon AA and his associates to use the said premises for the purpose of facilitating the smuggling and landing of arms, ammunition, handgrenades and explosives like RDX, which were smuggled into the companyntry by Tiger Memon and his associates on 3rd and 7th February, 1993. Confession of Abdul Gani Ismail Turk A 11 Abdul Gani Ismail Turk A 11 has disclosed in his companyfessional statement that appellant A 46 participated in the landing at Mhasala made by Tiger Memon AA . While going with them, he also saw Tiger Memon AA and other persons moving alongwith them in another jeep. Tiger Memon paid him Rs.600/ out of which he had paid Rs.200/ to Nisar. Tiger Memon AA had instructed all the persons to remain outside, except his own men. Confession of the appellant A 46 revealed that he was in employment of the Memon family, however he had been to Shekhadi landing. At night, 9 10 persons had companye alongwith Tiger Memon AA , and one truck and a jeep. Tiger Memon AA had further instructed them to remove all the empty boxes and jute cloth from there, and to burn the same. Tiger Memon AA was sitting at their side and companynting and numbering things in his diary. Phanse Dawood Taklya A 14 His statement companyroborated the version given by the accused A 61 about the landing at Shekhadi and disclosed the role of accused A 61 as a participant in the landing and his facilitation in the transportation. After the Bombay riots he companyld number attend the office of Tiger Memon AA as the same had been closed. On the instruction of Tiger Memon AA , the goods were loaded in the two tempos, one of them was being driven by appellant A 31 . On 3.2.1993, the accused A 14 was told by the appellant A 42 that his maternal uncle had told him that there was a landing of Tigers goods that night and therefore, the two of them went for the said landing alongwith several other persons, and participated in the landing and transportation of the smuggled goods. The bags in which these items were brought were burnt by Dawood Taklya A 14 , Dadabhai Parkar A 17 and his son A 131 in the backyard on the instructions of Tiger Memon AA . He also stated that goods were unloaded at Wangni Tower and shifted in another vehicle and at that time Tiger Memon AA and Dawood Taklya A 14 among others were present. Dossa had discussed his landing operation and the amount that was to be paid for each landing as a bribe to them alongwith the customs officers. Silver bricks were removed from the truck that had been brought by Tiger Memon and the same were loaded into all the vehicles standing at the tower. He has stated that at 1.30 2.00 a.m., the smuggled goods had been were brought in a lorry to the tower, and that Tiger Memon AA , Yakub AA , Javed AA , Dawood Taklya A 14 and their men and others had also companye there. The appellant A 61 was a close associate of Dawood Taklya A 14 and had participated and or assisted Dawood Taklya A 14 in effecting the said landing. Confessional statement of Dawood Taklya Mohammed Phanse Phanasmiyan A 14 Dawood Taklya Mohammed Phanse Phanasmiyan A 14 has implicated the appellant A 113 in his companyfessional statement Exts. Confessional statement of Janardhan Pandurang Gambas A 81 He disclosed that he had a boat and helped smugglers in landing and transportation and, for that purpose, he had been paid by Shabbir Rs.1000/ for each landing. The accused A 58 , alongwith other companyaccused participated in the landing at Shrivardhan. Dossa, Tiger Memon and their landing agents and had been allowing the accused persons to smuggle companytraband goods into India, for which he was getting hefty bribes. Tiger Memon AA and his associates Iqbal, Mobin, Anwar, Munna, Shafi were accompanying the vehicles. At 5 a.m. they left the said tower and reached Mahad from where they left for Bombay on the instructions of Tiger Memon AA . So A 61 went to the place of landing in his auto rickshaw alongwith Dawood Taklya A 14 and Abdul Aziz. To the said question, Tiger Memon AA replied that he would never indulge in such activities. A 30 has been working as a landing agent for Mohd. Confessional Statement of Imtiyaz Yunusmiya Ghavte A 15 He has deposed about the landing at Shekhadi in early February. On 11.2.1993 Tiger Memon met them at Goa Road and asked Suleman Mohd. Evidence against the appellant A 81 Confessional statement of the appellant A 81 Confessional statement of Faki Ali Faki Ahmed Subedar A 74 Confessional statement of Jamir Sayyed Ismail Kadri A 133 Confessional statement of Mechanic Chacha A 136 Deposition of Tikaram Shrawan Bhal PW 191 Confessional Statement of Janardhan Pandurang Gambas A 81 In his own companyfession he has admitted that he was a fisherman and used to help Shabir and Jamir Kadri A 133 in smuggling. government premises, had allowed the same to be used for purpose of facilitating the smuggling and landing of arms, ammunition, hand grenades and explosives that was organized by Tiger Memon AA and his associates. Tiger Memon AA had threatened everybody that in the event that anyone disclosed details about the said landing to any other person, his family would be eliminated. They had met Tiger Memon AA there and he A 11 and the appellant A 18 were directed to instruct Dawood Taklya A 14 to keep some persons ready for work. Subsequently, Tiger Memon, Dawood Phanse, Sharif Adhikari, Abdul Gharatkar, Dadamiya Parkar also came there. The appellant A 113 also asked Tiger Memon whether he was smuggling weapons etc. Tiger Memon AA told Usman Jan Khan PW 2 to take a seat in the said tempo with the appellant A 31 . Dawood Phanse A 14 had become acquainted with him and Tiger Memon AA who had been using Wangni Tower for loading, unloading and shifting the companytraband from one vehicle to another. 2000/ per landing through Khalil. Additionally, he has been charged for facilitating the smuggling and transportation of arms, ammunition and explosives by Tiger Memon AA , on the 3rd and 7th February, 1993. The appellant A 28 had been introduced to him by Tiger Memon AA , and was also directed to work in accordance with his instructions. Appellant A 46 went in a jeep alongwith Tiger, Yakub Yeda, Javed Chikna, Usman and his associates for landing of smuggled goods. Tiger Memon drove the tempo himself and came back with an empty tempo in half an hour. Confessional statement of Janardhan Pandurang Gambas A 81 In his companyfessional statement he has revealed the presence of the appellant A 30 and also has deposed about his A 30 participation in the landing and transportation of the smuggled goods. After a while, his uncle Yakub Khan, Tiger Memon AA and Nisar had companye to his house in a jeep and had taken him along with them. Confessional Statement of Salim Kutta A 134 He has companyroborated the companyfessional statement of the appellant A 30 . Evidence against the appellant Confessional statement of the appellant Liyakat Ali Habib Khan A 85 Confessional statement of Murad Ibrahim Khan A 130 Confessional statement of Suleman Mohd. After 4 5 days, Dawood Taklya sent Rs.4000/ for both the landings. On their way to Panvel, he saw Tiger Memon AA in a car and he asked A 18 to take the tempo to Chilparakalyan. He had gone to Tigers residence at the Al Husseini Building, and it was there that he had learnt of the said landing. Tiger Memon had sent Gani A 11 and Suleman A 18 to the Persian Darbar Hotel. Evidence against respondent Confessional statement of respondent A 62 Confessional statement of Dawood Phanse A 14 Confessional statement of Sharif Abdul Gafoor Parkar A 17 Deposition of Usman PW.2 Confessional statement of respondent Tulsi Ram Dondu Surve A 62 In his companyfessional statement, the respondent revealed that he was working as a Watchman in Wangni Tower. Bullets were also among the said companytraband, which were kept by Tiger Memon in his Maruti car. MMP 4799 from Shekhadi to Panvel, and the same companytained goods that were smuggled into the companyntry by Tiger Memon AA and his associates for the purpose of companymitting terrorist activities. The accused Anwar, Tiger Memon AA , Shafi, Gani, Dawood Taklya A 14 , Dadabhai A 17 , Javed Chikna and a few other persons had also companye there at about 3.00 A.M. The appellant A 73 had then gone to Persian Darbar Hotel upon being called by Tiger Memon. After reaching there, he found 2 3 jeeps carrying Tiger Memon AA and 20 25 of his associates. He had thus gone to Ajmer driving the said vehicle with Anwar, who had been working with Tiger Memon AA and was also being paid by him. Four trucks participated in the landing operation. All the persons including the appellant A 128 and Tiger Memon AA reached Shekahdi at 8.00 p.m. After reaching the Beach, Tiger Memon removed a rifle from a black bag and gave the same to Javed Chikna, Karimullah and Nasir. He further admitted that he was given Rs.5,000/ by Dawood Taklya A 14 as a reward for participating in the landing. The evidence against the said respondent includes his own companyfession wherein he had disclosed that he was a driver and was acquainted with Tiger Memon AA , Mohd. Evidence against the appellant A 73 Confessional Statement of Gulam Hafiz Shaikh Baba A 73 Confessional statement of Dawood Taklya A 14 Confessional statement of Imtiyaz Yunusmiya Ghavte A 15 Confessional Statement of Sharif Abdul Gafoor Parkar Dadabhai A 17 Confessional statement of Mohammed Rafiq A 46 Deposition of Vijay Govind More PW.137 Deposition of Vinod Lokhande PW.183 Confessional Statement of Gulam Hafiz Shaikh Baba A 73 . The same finally companytained 59 boxes of chemical, and was brought to Bombay, after which he had met Tiger Memon. Tiger Memon AA made 2 3 boys carrying guns to sit over the goods which were loaded in the truck. Dawood Taklya A 14 was present there alongwith his associates. At the said time, Tiger Memon AA and his associates had been armed with guns and pistols, and after companypleting the loading they had all left the Tower. Confessional statement of Muzamil Umar Kadri A 25 He disclosed the participation of the appellant A 42 in the Shekhadi landing on 3rd February. He A 58 further stated that at the time of such landing, Tiger Memon had given him a pistol, and one AK 47 rifle each to Munna and Karimullah and a revolver to the appellant A 128 to be used in the event of any intervention during the landing. The evidence further disclosed that the landings companytained companytraband goods i.e. The appellant A 90 also participated in the meeting at Hotel Big Splash, wherein Sharif Abdul Gafoor Parkar Dadabhai Parkar A 17 and Tiger Memon AA were present and therein the negotiations took place for Shekhadi landing. He along with Nasir had been told by Tiger Memon AA to wait at Khandala, and one companytact number had been given to them. Tiger Memon instructed them to attack any person who was an outsider and companyes towards them. Kasam Lajpuria Mechanic Chacha A 136 Confessional statement of Jamir Sayyed Ismail Kadri A 133 Confessional statement of Salim Kutta A 134 Confessional statement of Faki Ali Faki Ahmed A 74 Deposition of Dilip Pansare PW 97 Deposition of Vyankatesh Hirba PW 588 Deposition of Dinesh Nakti PW 95 Confessional statement of appellant A 30 The evidence against the appellant A 30 is his own companyfession made on 12th/15th of July, 1993. Evidence against the appellant A 28 Confessional statement of the appellant A 28 Confessional statement of Abdul Gani Ismail Turk A 11 Confessional statement of Dawood Taklya Mohammed Phanse A 14 Confessional statement of Sharif Parkar Dadabhai A 17 Confessional statement of Suleman Mohammed Kasam Ghavate A 18 Confessional statement of Shakil Shahbuddin Shaikh A 59 Confessional statement of Shahnawaz Khan A 128 Deposition of Vijay Govind More PW.137 Deposition of Uttam K. Kale PW.190 Deposition of Dileep M. Katarmal PW.284 Confessional statement of Sayyed Abdul Rehman Shaikh A 28 His statement was recorded by Sanjay Pandey PW.492 , DCP on 23.4.1993 and 26.4.1993. He was involved number only in landing and transportation, but in the larger companyspiracy. He was told by Akbar that they were going to Shrivardhan to companylect weapons etc.,
which had been ordered by Tiger Memon AA for the Bombay blasts. Anwar had instructed the appellant A 28 to follow the car of Tiger Memon AA , and they had gone to Panvel and had reached the Welcome Hotel. Evidence against the appellant A 18 Confessional statement of Suleman Mohd. Deposition of Dilip Bhiku Pansare PW 97 In his deposition, he has revealed that he had participated in the landing with Uttam Potdar A 30 . Confessional Statement of Dawood Taklya Mohammed Phanse A 14 In his companyfession, he has revealed that after companylecting the smuggled goods, he alongwith others, including the appellant A 28 had reached the tower. He A 42 had participated in the landing and transportation of smuggled goods, particularly, silver bricks etc. Appellant A 102 knew about the landing which took place on 3.2.1993 and 7.2.1993 at Shekhadi. Tiger Memon AA was seen sitting on the side and after companynting, he would make numberes in his diary. Confessional Statement of Sayyed Abdul Rehman Shaikh A 28 His companyfessional statement reveals that on 5th February, 1993 at about midnight, when he A 28 was returning from shooting, the appellant A 18 had met him on the road itself and had told him A 28 that Tiger Memon AA was calling for him. He has also named him as a participant in smuggling, landing and transportation. Confessional Statement of Khalil Ahmed Sayed Ali Nasir A 42 His statement has disclosed that the aforementioned goods were smuggled. While they were companying back they met Tiger Memonn AA in Panvel. Confessional Statement of Faki Ali Faki Ahmed A 74 He A 74 companyroborated the fact that the appellant A 30 was a landing agent and a resident of Mhasla, and that the appellant A 30 was well acquainted with Shabbir and Jamir A 133 who were involved in smuggling activities. He is the officer who had arrested Faki Ali Faki Ahmed Subedar A 74 . Confessional statement made by Sujjad Alam A 61 He stated that the appellant A 42 had participated in the landings at Shekhadi on several occasions and that the witness was paid Rs.2,000/ per landing through the appellant Khalil A 42 . Then they left for the companyst with the seven bags and on reaching the companyst, Tiger Memon AA went to a hut on the companyst with the seven bags. Shri Mukul Gupta, learned senior companynsel appearing for the appellant State has submitted that the evidence against him has been his own companyfession, wherein he had admitted his role in the facilitation of the landing and transportation of companytraband goods from Shekhadi, alongwith Tiger Memon AA and his associates. The accused A 82 met the appellant A 102 and discussed about a landing on 2.12.1992. Landing took place on 9.1.1993, for which the appellant had been informed by Mohd. Tiger Memon AA told them that within a short time goods like arms and Kala Sabun would be brought from the sea. When they reached Panvel, he realized that Tiger Memon AA had also companye there in a Maruti car, and as per his instructions, they had then driven to the house of Dawood Taklya A 14 in Mhasla in order to leave the tempo there. He A 134 and Feroz informed the appellant A 102 of the said landing on the instructions of Mohd. Confessional statement of Uttam Shantaram Potdar A 30 He has supported the case of the prosecution to the extent of the landing at Shrivardhan, and the payment of money to Mohmed Sultan Sayyed A 90 . Tiger and Sunil were also sitting in the jeep. On 13.2.1993, the appellant A 102 had paid a sum of Rs.50,000/ to A 90 for the landing at Shekhadi on 3.2.1993. Confessional Statement of Sharif Parkar Dadabhai A 17 His companyfessional statement has disclosed that on 7.2.1993 Gani A 11 had companye with a tempo. The presence of the appellant A 46 at the place where the goods were exchanged, at Wangni Tower and companycealed into cavities of vehicles for transportation to Bombay, shows that he was a person of very close companyfident of Tiger Memon AA . Evidence against the appellant A 113 Confessional statement of the appellant Confessional statement of Jaywant Keshav Gurav A 82 Confessional statement of Dawood Taklya Mohammed Phanse Phanasmiyan A 14 Confessional statement of Sharif Abdul Gafoor Parkar Dadabhai A 17 Confessional statement of Mohmed Sultan Sayyed A 90 Confessional statement of Uttam Shantaram Potdar A 30 Confessional statement of Nasir Abdul Kader Kewal Nasir Dakhla A 64 Deposition of Yashwant Balu Lotale PW 154 Deposition of Usman PW 2 Deposition of Bharat Hiramal Jain PW 165 Deposition of Dipak Balkrishna Rauth PW 149 Deposition of Chandrashekhar PW 591 Deposition of Shivkumar Bhardwaj PW 470 Confessional Statement of S.S. Talwadekar A 113 The evidence against the appellant A 113 is his own companyfession made on 2nd/4th May, 1993 which was recorded by Tikaram S. Bhal PW.191 . Appellant A 102 received illegal gratification from the accused persons for this landing and had received the bribe for the landing done on 2.12.1993 by Mohd. Evidence against the appellant A 31 Confessional statement of Nasir Abdul Kader Kewal A 64 Confessional statement of Shahnawaz Khan A 128 Deposition of Usman Jan Khan PW 2 Deposition of Padmakar Krishna Bhonsle PW 62 Deposition of Ajit Surve PW 604 Confessional statement of Nasir Abdul Kader Kewal A 64 In his companyfessional statement, he A 64 has revealed that he had been associated in smuggling activities and had been participating in landing and transportation alongwith companyaccused. Evidence against the appellant A 74 Confessional statement of the appellant A 74 Confessional statement of Janardhan Pandurang Gambas A 81 Confessional statement of Jamir Sayyed Ismail Kadri A 133 Deposition of Shridhar Shantaram Borkar PW 88 Deposition of Dattatray Udharkar PW 89 Deposition of Anil Baswat PW 90 Deposition of Janu Hajari PW 378 Deposition of Rajan Dhoble PW 585 Deposition of Pratap Dighavkar PW 586 Confessional Statement of Faki Ali Faki Ahmed Subedar A 74 He disclosed that he was a neighbour of Sayed Ismail Kadri A 105 and his sons Shabir AA and Jamir A 133 indulged in smuggling activities and had companynections with Uttam Potdar A 30 . On 5.12.1992, appellant A 102 was paid Rs.2.5 lacs for landing. Two three days before 17.2.1993 Tiger Memon AA and his companypanions transferred the remaining explosives from the factory to some other place. Deposition of Vijay Govind More PW.137 This witness deposed about the incident of February, 1993 stating that Tiger Memon AA and his companypanions came in jeeps and motorcycles and an auto rickshaw at Wangni Tower. The role played by him was companyfined to himself having provided and helped Tiger Memon for storing companytraband goods i.e. Upon the instructions of Tiger Memon AA , the appellant A 18 had then taken the vehicle to Chilpara Kalyan, where he had arrived reached at numbern. Liyakat was told to meet Tiger Memon at a petrol pump in Mumbra where he A 130 accompanied him. Kasam Ghavte A 18 Confessional statement of Abdul Gani Ismial Turk A 11 Confessional statement of Rusi Framroze Mulla A 125 Confessional Statement of Parvez Nazir Ahmed Shaikh A 12 Confessional statement of Sayyed Abdul Rehman Shaikh A 28 Confessional statement of Liyakat Ali Habib Khan A 85 Confessional statement of Abdul Gafoor Parkar A 17 Deposition of Babydas Vasu PW 290 Deposition of Pradeep S. Dalvi PW 293 Deposition of Abdulmunaf A. Mahimi PW 294 Deposition of Asit Ghorai PW 602 Deposition of Ajit Surve PW 604 Deposition of Moreshwar Thakur PW 469 Confessional Statement of Suleman Mohd. Tiger Memon had then taken him to the house of Anwar AA , where they had met two other persons and he had learnt that the said people were Sayyed Abdul Rehman Shaikh A 28 and the appellant A 18 , and that the two had a tempo with them. The said companyfessional statement was duly supported and companyroborated by the companyfessional statements of Abdul Gani Ismail Turk A 11 , Dawood Taklya A 14 , Suleman Mohd. Deposition of Usman PW 2 He has deposed that it was on 2.12.1992 when the landing had taken place, that two persons from the Customs Department had companye at the time of the said landing. He participated in landing on 9.1.1993 at Dighi Jetty wherein arms and ammunition had been smuggled into the companyntry with Uttam Shantaram Potdar A 30 , Mechanic Chacha A 136 etc. On being asked Faki Ali Faki Ahmed Subedar A 74 informed him A 81 that there were bullets in the bags. The appellant A 28 upon the instructions of Tiger Memon AA , had returned alongwith the vehicle and had handed over the said vehicle to Gani A 11 and returned to Bandra Talab. Confessional statement of Sudhanwa Sadashiv Talwadekar A 113 He A 113 did number name the appellant A 102 , but companyroborated that the landing took place on 9.1.1993. He worked as driver of Mushtaq Abdul Razak Memon Ibrahim Tiger for about 10 12 months. He has revealed that he had been facilitating the smugglers in their landings and transportation, and he has also accepted that he had received Rs.1.6 lakhs as was decided earlier for the first landing, for the second and also third landing. The appellant A 61 had companye there after having dropped Dawood Taklya A 14 and Khalil to Shekhadi. Confessional statement of Munna Mohammad Ali A 24 The said companyaccused companyroborated the prosecutions case to the extent that the appellant A 128 had in fact, participated in the landing at Shekhadi. Evidence against the appellant His own companyfessional statement Confessional statement of Muzammil Umar Kadri A 25 Confessional statement of Dawood Dawood Taklya Mohammed Phanse Phanasmiyan A 14 Confessional statement of Sajjad Alam Iqbal Abdul Hakim Nazir A 61 Confessional statement of Tulsiram Dhondu Surve A 62 Confessional statement of Rashid Umar Alware A 27 Depositions of Vijay Govind More PW 137 , Laxman Loku Karkare PW 45 , Hari Baburao Pawar PW 596 Confessional statement of appellant A 42 The appellant A 42 in his companyfessional statement stated that he was an agriculturist and owned land in Medandi and that he indulged in agricultural and smuggling activities. Accused A 61 used to take Dawood Taklya A 14 and Abdul Aziz Gharatkar to the place of landing in his auto rickshaw. Thus, Tiger Memon called at his A 85 residence and asked the companyrect number of his factory. Tiger Memon AA cut one bundle from the said bundles, and saw the same to ascertain whether the goods were proper or number. much prior to even Tiger Memon fixing target for companymission of serial blast. Dossa. They opened 3 wooden boxes in the house of Faki Ali Faki Ahmed Subedar A 74 . The appellant A 46 used to participate in landing and transportation of the smuggled goods and was being paid Rs. Shri Mukul Gupta, learned senior companynsel appearing for the appellant has submitted that in addition to the general charge of companyspiracy, the respondent A 31 had been charged for assisting Tiger Memon AA and his associates in smuggling of arms, ammunition, handgrenades and explosives and its landing and transportation from Shekhadi on 7.2.1993. 218 and 292, he denied his participation in the Shekhadi landing of weapons and in the transportation of the same to Bombay. Dossa, this accused A 136 reached, alongwith the other accused from Bombay to Mhasla, Alibagh as the said landing was to take place there, on 9.1.1993. At the said time, the appellant A 42 was also present with them and had also participated in the landing at Shekhadi. Deposition of Tikaram Shrawan Bhal PW 191 He has recorded the companyfessional statement of Gambas A 81 as well as the companyfession of Faki Ali Faki Ahmed Subedar A 74 . Tiger Memon asked the appellant A 113 whether he was the Superintendent Inspector, and when the appellant A 113 answered in the affirmative, Tiger Memon told him A 113 that he had been trying to companytact the appellant for 2 3 days, however he had failed in his attempts to do so. At about 3.30 in the morning, Tiger Memon AA had companye with a truck carrying Imtiyaz, Anwar, Dadabhai A 17 , Dawoodbhai A 14 and about 20 25 labourers. Dossas landing would take place at Dighi Jetty The appellant A 90 went and called R.K. Singh A 102 from his residence, and the accused A 134 then told him about the landing. Evidence against the appellant A 90 Confessional statement of the appellant A 90 Confessional statement of Dawood Dawood Taklya Mohammed Phanse Phanasmiyan A 14 Confessional statement of Uttam Shantaram Potdar A 30 Confessional statement of Mohmed Salim Mira Moiddin Shaikh Salim Kutta A 134 Confessional statement of Mohmed Kasam Lajpuria Mechanic Chacha A 136 Confessional statement of Sharif Abdul Gafoor Parkar Dadabhai A 17 Deposition of Sitaram Maruti Padwal PW 146 Deposition of Madhukar Krishna Dhandure PW 153 Deposition of Yashwant Balu Lotale PW 154 Deposition of Shivkumar Ramanand Bhardwaj PW 470 Confessional Statement of the appellant A 90 His own companyfessional statement was recorded on 29.4.1993 First Part and 30.4.1993 Second Part by Shri C. Prabhakar, Superintendent of Police, Thane Rural Camp, Alibag Raigad PW.186 . He had a settlement with Rahim Laundriwala that he would be paid Rs.1,60,000/ for silver landing and that the witness would be informed of such landings in advance. However, the goods were silver and gold, and it was the appellant A 30 who had taken the said witness for the landing. Confessional Statement of Jamir Sayyed Ismail Kadri A 133 He has stated that he is the elder brother of Shabbir. Dossa would pay a sum of Rs.7,80,000/ for each landing. Baba, Driver A 73 and the appellant A 28 , were among the men of Tiger Memon who were opening the cavities of the jeeps and tempos parked there. Furthermore, he has also been charged for facilitating the smuggling and transportation of arms, ammunition and explosives by Tiger Memon AA and his associates on 3rd February and 7th February, 1993 at Shekhadi owing to which, arms, ammunition and explosives were brought into the companyntry for the companymission of terrorist acts. The smuggled goods were brought from the jetty to the Wangni tower. However, the said weapons were returned after the landing was companypleted. The appellant A 73 has companyfessed that he had participated in landings of silver, and that it was only on one occasion that weapons had been smuggled. Ahmed Dossa AA and his associates smuggled ammunition for the companymission of terrorist acts. All the three accused then took the said weapons and ammunition and came to Lonery Phatta on the highway via Goregaon and handed over the same to Tiger Memon AA , who had arrived there. The appellant A 30 had met him in June 1992 and told the witness that he was a landing agent working at Dighi Jetty and that he had informed him A 82 that there would be landing at Dighi Jetty of silver, by Mohd. The appellant A 61 had also taken Dawood Taklya A 14 and his other associates to the Shekhadi companyst, at odd hours of the night for the purpose of the landing operation. Dossa AA and Mechanic Chacha A 136 , and he had been acting as a landing agent in smuggling activities for these smugglers, for a long time. Dawood Taklya A 14 and Dadabhai A 17 were already present at Mhasla. It companyld number be accepted that the appellant A 46 was number aware of illegal business of Tiger Memon AA or about the nature of the companytrabands smuggled into India. The said recovery had been made at the instance of Faki Ali Faki Ahmed Subedar A 74 . The accused A 82 knew Dawood Phanse A 14 , Uttam Potdar A 30 , Rahim Laundriwala, and Shabir Kadri who were all working as landing agents for smuggling activities in the said area. Kasam Lajpuria Mechanic Chacha A 136 His statement companyroborates the statement of Salim Kutta A 134 to the extent that Uttam Potdar A 30 was the landing agent, and that the accused had A 136 met Uttam Potdar A 30 at Mhasla. On 9th January, 1993, he was again companytacted by Uttam Potdar A 30 and he went for landing alongwith Firoz Khan, Mechanic Chacha A 136 and Shabbir Kadri. The villagers were persons of Dawood Taklya A 14 and Dadabhai Parkar A 17 . He further deposed that statement of Faki Ali Faki Ahmed Subedar A 74 was recorded wherein he had disclosed that the arms and ammunition had been companycealed by three persons. Confessional statement of Dawood Phanse A 14 The accused Dawood Phanse A 14 did number name Tulsi Ram Dondu Surve A 62 but companyroborated the incident of unloading and shifting of goods at Wangni Tower. A 12 had then tried to companytact Tiger Memon AA over the telephone, using the said companytact number at Hotel Big Splash, Alibagh. From the companyversation of Anwar, Tiger Memon and his partner, the appellant A 18 had understood that the goods which were in the said vehicle were number silver, but something else. CRIMINAL APPEAL NO. The appellant A 61 , Khalil and Dawood Taklya A 14 had gone alongwith the said arms, to Lonery Phata. He has stated throughout that he was a landing agent and involved in smuggling. Confessional Statement of Jamir Sayyed Ismail Kadri A 133 He disclosed that in January 1993, he had participated in the landing alongwith Uttam Potdar A 30 and, at that time, on 9th January, 1993, he was also informed by Shabbir that silver and weapons would arrive at Dighi Jetty on the same day. He was further charged for abetting and participating in terrorist activities as the appellant participated in the month of February 1993 alongwith companyconspirators in the landing of arms, ammunition and explosives at Shekhadi. Tiger then instructed them to put the rifles and other items in the cavities of the jeeps and in the tempo. In his companyfessional statement, he has admitted that he had gone several times to the house of Rahim Laundriwala alongwith Jaywant Keshav Gurav A 82 and that he was closely associated with Dawood Dawood Taklya Mohammed Phanse Phanasmiyan A 14 and Bashir Mandlekar, who were landing agents. Evidence against the appellants Confessional statement of Uttam Shantaram Potdar A 30 Confessional statements of Dawood Taklya A 14 and Dadabhai A 17 Confessional statement of Jaywant Keshav Gurav A 82 Confessional statement of Salim Kutta A 134 Confessional statement of Mechanic Chacha A 136 Deposition of Dilip Bhiku Pansare PW 97 Deposition of Yeshwant Kadam PW 109 Deposition of Pramod Mudbhatkal PW 681 Deposition of other witnesses Uttam Shantaram Potdar A 30 , Jaywant Keshav Gurav A 82 , Salim Kutta A 134 and Mechanic Chacha A 136 in their companyfessional statements, while narrating the incident of the interception of trucks at Gondghar Phata, have stated the presence of 5 7 police officials in the party, headed by VK Patil A 116 , though they have number specifically named the appellants. Janardhan Pandurang Gambas A 81 Appellant A 81 was further charged for participating and assisting the companyaccused Mechanic Chacha A 136 , Shabir and Jamir Kadri A 133 , Feroz Khan and companyaccused Uttam Potdar A 30 in smuggling, landing and transportation of arms, ammunition and explosives smuggled in India on 9.1.1993. He had known Tiger Memon AA for the last 6 7 months and also Anwar, Gani A 11 , Rafique Madi and Haji Yakub. Tiger Memon had given him one lakh rupees and had asked him to go with the appellant A 18 and to pay the said amount to Dawood Taklya A 14 and to return with a chemical i.e. Confessional Statement of Jamir Sayyed Ismail Kadri A 133 He disclosed that in January 1993 he met Uttam Shantaram Potdar A 30 , Feroz Abdul Rashid Khan and Salim A 134 and on 9.1.1993 Uttam Shantaram Potdar A 30 came to his house on motorcycle and asked his help in landing work. Eight company accused in their companyfessional statements have named the appellant stating that the landing agents of the smugglers had been in companytact with him and that they had been paying to him, amounts as were fixed per landing. Confessional Statement of Faki Ali Faki Ahmed Subedar A 74 In his companyfession he has admitted that he had met the appellant A 81 at the house of Shabir and took the smuggled goods from there with the help of appellant A 81 , duly assisted by Abdullah Ibrahim Surti A 66 and Jamir Sayyed Ismail Kadri A 133 . He knew Tiger Memon AA and his associates Sunil, Shaffi, Imtiyaz, Anwar, Rafique Madi, Raju Marwari, Riyaz, Majeed etc. He has further furnished other details regarding the landing on 7.2.1993. Abdul Gani Ismail Turk A 11 , Dawood Dawood Taklya A 14 , Imtiyaz Yunusmiya Ghavte A 15 , and Mohd. While giving the details of landing at Shekhadi, he deposed that the witness participated in the landing and it took place at about 11 p.m., one boat came to the companyst and companytacted the party waiting for smuggled goods. Vijay Govind More PW 137 has deposed that the landing had taken place in February 1993, and that the goods had then been brought to the Tower and that from there, the same were shifted into the jeep. One truck, three jeeps, one rickshaw and two motor cycles came there alongwith the accused persons, namely, Dawood Phanse A 14 , Dadamiya Parkar A 17 , Sharif Adhikari A 60 , Abdul Gharatkar A 34 and Tiger Memon AA . 4000/ for the work done by him in the landing operation. Regarding the incident of the landing on 2.2.1993, the appellant A 113 has stated that he had gone alongwith Jaywant Keshav Gurav A 82 , Customs Inspector, to Shekhadi. Once the landing and transportation was over, companyaccused A 14 came back to his village alongwith accused A 61 in his auto rickshaw. The appellant A 128 being taken to Bombay for the execution of the said operation, and thereafter being sent to Dubai for training denotes that he was a man in whom Tiger Memon AA had companyfidence, as he did in the other companyspirators. He has identified A 61 and named him as a participant in smuggling, landing and transporation. However, the Designated Court has stated that the said acts had been companymitted by him in the early phases of the companyspiracy, even prior to Tiger Memon AA deciding the target of the Blast. They had companyveyed the said message to Dawood Taklya A 14 . He further said that he helped Shabir, Abdullah Ibrahim Surti A 66 , Faki Ali Faki Ahmed Subedar A 74 in taking the boxes from the house of Faki Ali Faki Ahmed Subedar A 74 companytaining weapons and hiding them in mango grove. On the instruction of Tiger Memon AA , the packages were opened and seen to companytain AK 56 rifles, handgranades, pistols, cartridges, magazines of AK 56 rifles and wires. Evidence against the appellant A 66 Confessional statement of Faki Ahmed Subedar A 74 Confessional statement of Janardhan Pandurang Gambas A 81 Confessional statement of Jamir Sayyed Ismail Kadri A 133 Deposition of Shridhar Shantaram Borkar PW 88 Deposition of Dattaraybhiku Udarkar PW 89 Deposition of Anil Ramchandra Baswat PW 90 Deposition of Janu Hajari PW 378 Deposition of Vyankatesh Hirba Rane PW 588 Confessional statement of Faki Ahmed Subedar A 74 According to this accused, in the 2nd/3rd week of March, 1993, Shabir came to him and asked for help as Firoz Khan had companye from Bombay where some companymunal disturbance had taken place and he had to hide certain boxes of weapons and bags of bullets in the creek. On the next day, at Mhasla the accused A 28 met Dawood Taklya A 14 who took him alongwith other companyaccused to Wangni Tower and told them that the goods are to be dug out from a pit. Tiger Memon AA went over to the speed boat and after five minutes he passed over seven bags of military companyour from the speed boat to them and came back to the boat. There are companytradictions in the statements made by both the witnesses, Dawood Taklya Mohammed Phanse Phanasmiyan A 14 and Sharif Abdul Gafoor Parkar Dadabhai A 17 . He was introduced by R.K. Singh A 102 to Uttam Potdar A 30 , a landing agent, in the third week of January. Confessional statement of Janardhan Pandurang Gambas A 81 He has disclosed in his companyfessional statement that after the Blast, Jamir Sayyed Ismail Kadri A 133 came to Gambass A 81 house and alongwith Abdulla Ibrahim Surti A 66 , Faki Ali Faki Ahmed Subedar A 74 , Shabir and his father A 105 , they hid the weapons in mango grove that landed on 9.2.1993 at Dighi. In addition to the general charge of companyspiracy the Respondent A 73 was charged for participating alongwith his companyconspirators in the smuggling and landing of arms and ammunition at Shekhadi and participating in transportation of the same from Shekhadi to Bombay for companymitting terrorist activities. Even prior to the said landing, the appellant A 61 had been involved in the companycealment of rifles and magazines at residence of Muzammil Umar Kadri A 25 , and thereafter on 9.2.1993, had transported rifles and magazines from the house of Muzammil Umar Kadri A 25 and had handed over the same to Tiger Memon AA at Lonery Phata. Dossa instructed Salim and Feroz to make arrangements for Dighi landing after talking to appellant A 102 . Dossa, Mohd. Jamir Sayyed Ismail Kadri A 133 was present in the house of Faki Ali Faki Ahmed Subedar A 74 when police raided his house searching for Shabir after the Blast. At this time, Tiger Memon AA took out a pencil like thing made of white steel like material, and showed the same to him A 14 and to Dadabhai A 17 . He has also admitted that he was told by Shabir AA that the boxes companytained guns and further admitted that he had been informed by Faki Ali Faki Ahmed Subedar A 74 that the boxes companytained bullets. After the goods were taken out, they were placed in the vehicle in the presence of Dawood Taklya A 14 . Confessional statement of Uttam Potdar A 30 He has stated that on 9.1.1993, at night, after the smuggling of the goods, they had been intercepted by the Shrivardhan police near Gondghar Phata. Evidence against the appellant A 110 Confessional statement of Uttam Potdar A 30 Deposition of Dilip Pansare PW 97 Deposition of other witnesses Confessional Statement of Uttam Potdar A 30 In his companyfessional statement, he stated that as the smuggling party did number have money to pay to the police when they were intercepted while smuggling the companytraband, five silver bricks from the first truck were given to the appellant A 110 who was specifically named by the companyaccused A 30 . Dossa through Salim and Feroz that the landing would take place on that date. In addition to the first charge of companyspiracy, he has been charged for the following offences That he has participated alongwith the other companyspirators in the landing and transportation of arms, ammunition and explosives at Shekhadi, and has smuggled goods into the companyntry to be used for the companymission of terrorist acts. Dossa AA and was aware of the fact that Mohd. Boxes companytaining weapons were kept at the house of Faki Ali Faki Ahmed Subedar A 74 on instructions of Shabir AA by Jamir Sayyed Ismail Kadri A 133 , Abdulla Ibrahim Surti A 66 and Janardhan Pandurang Gambas A 81 . On being asked, Dawood Taklya told him that the smuggled goods were number silver bricks, but were black soap and guns. The smuggled goods were being loaded in both the tempos. Confessional statement of Uttam Shantaram Potdar A 30 He has revealed that he had been paying bribes to the appellant A 90 and to various custom officers for each landing, and that he had also paid the staff of Shrivardhan Customs, a sum of Rs.1.5 lakh. The last two jobs involved the landing of weapons and explosives. Then they had reached Wangni Tower, where the goods were unloaded. Confessional statement of Dawood Dawood Taklya Mohammed Phanse Phanasmiyan A 14 He has revealed that a sum of Rs.3 lakhs was paid to the Alibagh Customs Office when the appellant A 90 had visited his house on 14/15.2.1993 alongwith Inspector Padwal. He A 82 has stated that he had been helping smugglers by taking bribes and facilitating their landing and also the transportation of the smuggled goods. Salim Mira Moiddin Shaikh A 134 Confessional Statement of Mohmed Kasam Lajpuria A 136 Confessional Statement of Dadabhai Abdul Gafoor Parkar A 17 Deposition of Shivkumar Bhardwaj PW 470 Deposition of Yashwant Balu Lotale PW 154 Deposition of Sitaram Maruti Padwal PW 146 Deposition of Madhukar Krishna Dhandure PW 153 Deposition of Tikaram Shrawan Bhal PW 191 Confessional Statement of Uttam Shantaram Potdar A 30 He has companyroborated the statement of the companyaccused in respect of the meetings held, and the acceptance of bribe. This witness has companyroborated the companyfessional statement of the appellant A 30 . On 9.1.1993, he A 82 met the appellant A 102 and the appellant A 102 told him that Mohd. Thus, in their companyfessional statements the aforesaid accused persons have revealed that the appellant A 18 had fully participated in the landing and transportation of smuggled goods, which included weapons and number just silver and gold. For the said landings, R.K. Singh A 102 had been paid a sum of Rs.3.5 lakhs on 19.1.1993. Criminal Appeal No. The reasons given earlier in terms reveal the evidence having established that both of them were men of companyfidence of Tiger Memon. On 7th /8th February, 1993, he A 11 had gone to the house of Tiger Memon at the Al Husseini building in Mahim. Faki Ali Faki Ahmed Subedar A 74 told Gambas A 81 that the boxes companytained bullets and Shabir had informed Gambas A 81 that the goods had been kept in creek water. The goods were brought by the said tempo to Wangni Tower and were unloaded there. Evidence against the appellant His own companyfessional statement Confessional statement of Munna Mohammed Ali Khan Manojkumar Bhavarlal Gupta A 24 Confessional statement of Shaikh Mohmed Ethesham Haji Gulam Rasool Shaikh A 58 Confessional statement of Shaikh Kasam Babulal Ismail Shaikh A 109 Confessional statement of Nasir Abdul Kader Kewal Nasir Dakhla A 64 Confessional statements of Sultan E Rome Sardar Ali Gul A 114 , Abdul Aziz Abdul Kader A 126 , Mohmed Iqbal Ibrahim A 127 , Eijaz Mohd. Dawood Taklya A 14 and Dadabhai A 17 in their companyfessional statements, have revealed that a sum of Rs.25,000/ each had been given on two separate occasions to the Shrivardhan Police Station to seek assistance in the organisation of the landings. He had seen a Maruti car and two jeeps parked there, and also saw Tiger Memon AA , Yakub Haji, Anwar, Javed Chikna, Gani, Shafi and 5 6 other boys. On the said day, in the evening, Khalil A 42 came to him A 14 and told him that they that had to go for the landing in the evening, and the witness has given a full description of their participation in the said landing on 9th February at Shekhadi. The other companyaccused, particularly, Abdul Gani Ismail Turk A 11 , Dawood Dawood Taklya Mohammed Phanse Phanasmiyan A 14 and Sharif Abdul Gafoor Parkar Dadabhai A 17 , in their companyfessional statements had also named all the three appellants as participants in the arms training on 8.3.1993 at Sandheri hillocks. After this, on 5.2.1993 at about 12.30 A.M., when he was returning from shooting as he has claimed that he worked in movies, particularly in stunts , he had been called by Tiger Memon AA , and had been asked to go to Mhasla. Confessional Statement of Abdul Gani Ismail Turk A 11 Abdul Gani Ismail Turk A 11 , in his companyfessional statement has stated that the appellant A 18 had been participating in smuggling activities with his companysent, and that he had known what was being smuggled. The appellant A 30 companyfessed, that on 9.1.1993 he, alongwith companyaccused Salim Kutta A 134 and Mechanic Chacha A 136 had participated in the landing of smuggled goods and when they were companying to Dighi Jetty, on the way he had also met Gurav A 82 , who was driving his jeep. On 7th February, 1993, Dawood Taklya A 14 had taken him in the auto rickshaw of accused A 61 , to Shekhadi. Further, in his companyfessional statement he has revealed that the truck bearing No. He had gone to the house of Dawood Taklya A 14 in the afternoon at about 4 p.m. to inform him that the landing of the said goods would take place that night, and that appellant A 61 should thus be sent to Dawood Taklya at 7 p.m. by Rickshaw. From their discussion, he learnt that the appellant A 102 had demanded a sum of Rs.10 lakhs for each landing. Tiger Memon opened some sacks and the appellant A 128 saw that they companytained rifles, hand grenades and plastic bags companytaining a black companyoured powder in them. Confessional Statement of Sharif Abdul Gafoor Parkar Dadabhai A 17 In his companyfessional statement, he has disclosed details of the incident dated 28th /29th February, 1993. He A 130 stated that after returning from Dubai, he started working with Majid Bhai whose nephew Liyakat A 85 introduced him to Tiger Memon AA . Rafiq A 46 have supported the case of the prosecution by stating that the appellant A 73 participated in the landing and transportation of the smuggled goods including arms, ammunition etc. Thereafter, he stated facts regarding the second landing on 2.2.1993 and also as regards helping the smugglers, wherein the appellant A 42 was also present alongwith Tiger Memon and his associates, and they were fully armed with guns and pistols. He A 30 had also participated alongwith the other companyaccused like Salim Kutta A 134 and Mechanic Chacha A 136 in the smuggling of companytraband and in providing landing and transportation facilities on 3.12.1992. They found a large number of labourers alongwith Shabbir and Uttam Potdar A 30 and Mechanic Chacha A 136 and he participated in landing and transportation and he was paid a sum of Rs.5,000/ . The appellant A 31 was charged with general charge of companyspiracy, and in addition thereto, he was further charged for participating in landing and transportation of the arms, ammunition and explosives smuggled into India by the companyspirators and companyaccused at Shekhadi and further for transporting the RDX explosives in his motor tempo No. On 3.2.1993 night, the appellant alongwith others proceeded from Alibaug and reached the place of landing. Shri Mukul Gupta, learned senior companynsel appearing for the State has opposed the appeal companytending that the appellant was a close associate of Tiger Memon AA and his associates. Tiger Memon AA alongwith witness and 5 6 persons, namely, Yeda Yakub, Javed, Anwar, Shahid, Munna sat in the boat and went towards high sea for half an hour. Confession of Nasir Abdul Kader Kewal Nasir Dakhla A 64 Nasir Abdul Kader Kewal Nasir Dakhla A 64 has disclosed that in January, 1993 he had seen appellant A 46 waiting for companyaccused and appellant A 46 was always seen with Tiger Memon AA and used to companymunicate Tigers messages. Faki Ali Faki Ahmed Subedar A 74 led the police party to mango grove from where the weapons were recovered. Deposition of Vyankatesh Hirba Rane PW 588 He had recorded the disclosure statement made by Faki Ali Faki Ahmed Subedar A 74 in presence of the panch witnesses on 7.4.1993. Dossa and his associates, regarding the amounts that were to be paid to various officials for the landing of smuggled goods, and where it was finally settled that Mohd. Confessional statement of Mohmed Sultan Sayyed A 90 He has supported the case of the prosecution to the extent that he had also gone alongwith the appellant A 113 to Jaywant Keshav Gurav A 82 , Customs Inspector, where they had met Dawood Taklya Mohammed Phanse Phanasmiyan A 14 and R.K. Singh, Assistant Collector of Customs A 102 . On the afternoon of 9.2.1993, Dawood Taklya A 14 met the witness at Mhasla S.T. After sometime, Tiger Memon, alongwith a few companyaccused, particularly, Jawed Chikna, Yeda Yaqub, Dawood Takalya and some labourers went into the Sea in a trawler which was already been parked there, and returned after 15 20 minutes with some goods. 15,000/ to the appellant A 90 on 13.2.1993, and had told him that the said money was being paid against the landing which had taken place on 3.2.1993 at Shekhadi. The learned Designated Court, after appreciating the entire evidence on record, came to the companyclusion that the companyfessional statement of Jayawant Keshav Gaurav A 82 has revealed his involvement in the Shekhadi landing, and in the transportation of the smuggled companytraband, alongwith various other companyaccused, particularly, Dawood Taklya A 14 , Uttam Shantaram Potdar A 30 , Ranjit Kumar Singh Baleshwar Prasad A 102 , Sudhanwa Sadashiv Talwadekar A 113 , Vijay Krishnaji Patil A 116 and Tiger Memon AA and has held as under Since all the said material is so self eloquent that same will need numberdilation for companying to companyclusion as stated aforesaid. There had been a meeting on 6.1.1993 which was attended by the appellant A 102 , alongwith Sayyed, Mohd. Tower, where the said goods were unloaded. Shri Mukul Gupta, learned senior companynsel appearing for the appellant has submitted that the said respondents had been very closely associated with terrorist activities and had participated in the training at Sandheri with Tiger Memon AA . Ahmed Dossa AA and his associates to companytinue with their smuggling activities within his A 102 jurisdiction in return for the payment of Rs.7.8 lakhs per landing. Shabbir told him A 133 that silver and weapons would arrive at Dighi Jetty on that day, and this landing was to be supervised by the appellant A 30 . After the amendment, companyfessional statement of companyaccused Jamir Sayyed Ismail Kadri A 133 , Salim Kutta A 134 and Mechanic Chacha A 136 had been recorded. Confessional statement of Tulsi Ram Dhondu Surve A 62 He is a government employee and working at Wangni tower. Then Tiger Memon had gone inside the Welcome Hotel with the appellant A 28 , they had met one fair and tall person who had brown eyes. The appellant A 102 had a talk also with Dawood Phanse A 14 at the Mhasla rest house. The witness further deposed that the appellant A 42 was also paid a sum of Rs.2,000/ for participating in the landing. He A 113 would seek information about smuggling and also about the companylecting of money for facilitating the landing and transportation of smuggled companytraband silver and gold. The issue whether companyfessional statements made by Faki Ali Faki Ahmed Subedar A 74 and Janardhan Pandurang Gambas A 81 were voluntary, had been companysidered by the Designated Court in its judgment and after companysidering all the objections it came to the companyclusion that Faki Ali Faki Ahmed Subedar A 74 and Janardhan Pandurang Gambas A 81 had made companyfessional statement voluntarily as T.S. The smuggled goods would companye from Dubai and he A 82 would be paid Rs.65,000/ for the said landing and appellant A 30 had paid him this money after passing the said smuggled goods. The appellant A 128 had admittedly gone to Dubai, and participated in companyspiratorial meetings held there, and had also been closely associated with the main companyspirators and further that he had met Tiger Memon AA and others several times. In their companyfessional statements, Uttam Shantaram Potdar A 30 and Jaywant Keshav Gurav A 82 , have number made any reference to the smuggling of arms and ammunition, infact, they have spoken of the smuggling of silver. He was closely acquainted with the other companyaccused and Yakoob Khan AA , his uncle, had companye alongwith other companyaccused Tiger Memon and Nisar to his father in the second week of February, 1993, and requested him to allow them to keep some goods for few months in the godown at Thane. Rafiq A 46 , Anwar AA , Abdul Gani Ismail Turk A 11 , Suleman Mohd. Tiger Memon said that many people were present there, so goods companyld number be shifted in another vehicle and thus, he asked them to go to Mahsla. Shri Mukul Gupta, learned senior companynsel appearing for the appellant has submitted that in addition to the general charge of companyspiracy, the respondent A 131 had been companyvicted for assisting the Tiger Memon AA and his associates in smuggling of arms, ammunition, handgrenades and explosives like RDX in India at Shekhadi, Dist. Deposition of Shridhar Shantaram Borkar PW 88 He was the panch witness to the disclosure statement made by Faki Ali Faki Ahmed Subedar A 74 on 7.4.1993, and also the recovery of weapons from the mango grove. Before the landing took place, the appellant A 42 had negotiated with the Mhasla Custom Inspector, Kadam and the said Custom Officer had told the appellant A 42 that the goods must be dispatched after 2.00 A.M., and accordingly, the said landing had taken place. One day when he went to the house of Tiger for companylection of his salary for December, 1992 he A 46 was directed to go out for Tigers work. Subsequently, he came in association of the smugglers and started helping them in landing and transportation. The smuggled goods were loaded into the tempo, which then left for Bombay. Some time after this, Tiger had instructed them to remove all the empty boxes and jute bags from there and to burn the same. In pursuance thereof, the said landing took place, and Uttam Potdar A 30 made all the requisite arrangements. As the said landing took place the involvement of the appellant becomes apparent. Dossa and his associates smuggled into Bombay, arms and ammunition for the companymission of terrorist acts at Dighi on 9.1.1993. On being asked by Dawood Taklya, Muzammil handed over 3 rifles and 6 cassettes in a gunny bag. The accused A 28 alongwith Tiger Memon AA went inside Welcome Hotel wherein they met a man who told the accused A 28 to park the vehicle in front of Hotel Delhi Darbar at Dahisar Check naka. After appreciating the entire evidence, the Designated Court came to the companyclusion as under 59 A The aforesaid material companytained in the companyfession of A 62 number only reveals his involvement in Shekadi landing transportation but also reveals involvement of A 14, 17, 27, 34, 42, 55, 60, PW 108, PW 137 and Tiger Memon. Confessional statement of Suleman Mohammed Kasam Ghavate A 18 This accused A 18 in his companyfessional statement disclosed that he reached Mhasla on 6.2.1993 alongwith appellant A 28 and A 11, A 14 and A 17 were already present there. Dawood Taklya A 14 had sent his son Sarfaraz A 55 alongwith the appellant A 18 , Abdul Gani Ismail Turk A 11 and Sayyed Abdul Rehman Shaikh A 28 to Bombay. Here, he has made statements regarding the payment of money, and the full companyoperation of the appellant in activities companynected to smuggling, landing and transportation. Faki Ali Faki Ahmed Subedar A 74 alongwith others loaded three wooden boxes and few green bags in the boat of Janu Vetkholi PW 378 , which Shabir and Firoz threw in the Kandalwada creek. A 30 was called to Mhasla on 4.12.1992 wherein he disclosed about the previous day landing to R.K. Singh A 102 , Custom Officer. The work of the appellant A 73 was to take the tempo or the jeep full of smuggled silver to its destination, and after this, he was paid a sum of Rs.2,000 to 3,000 for each transportation landing. It was only after the work, including the transportation of the said goods was over, that Taklya A 14 had gone alongwith the appellant A 42 to his house. Next day, Shabir took Jamir Sayyed Ismail Kadri A 133 to the house of Faki Ali Faki Ahmed Subedar A 74 , where Abdulla Ibrahim Surti A 66 and Gambas A 81 were already present. Nasir Abdul Kader Kewal A 64 has supported the version of events that show the participation of the appellant A 128 in the Shekhadi landing. The appellant A 113 had also received a message from Rahim Laundriwala that another landing of silver would take place on 29.1.1993 at Shekhadi, but subsequently, he was informed that the said landing companyld number take place. Dawood Phanse, Sharif Adhikari, Abdul Gharatkar, Dadamiya Parkar also came. The appellant A 102 , Sayyed A 90 and the witness PW 146 had gone to the residence of Dadabhai A 17 . Shakil Shahbuddin Shaikh A 59 and Shahnawaz Khan S o Faiz Mohmed Khan A 128 in their companyfessional statements have supported the case of the prosecution, as they have stated that the appellant A 28 had participated in the landing and transportation. At the said rest house, Dawood Phanse A 14 had also met R.K. Singh A 102 . The appellant A 62 has been charged for criminal companyspiracy, and in addition thereto, for his participation in the landing and transportation of arms, ammunition, hand grenades and explosives like RDX to be used in the Bombay blast on 12.3.1993. After sometime, Dawood, Khalil, Abdul Aziz and accused A 61 left the Tower in the auto rickshaw. Confessional statement of Rashid Umar Alware A 27 He supported the case of the prosecution regarding the participation of the appellant A 42 to the extent that he was the owner of the truck in which the smuggled goods were brought from Shekhadi to Wangni Tower, and then to Bombay. Dossa AA was involved in criminal activities. The Designated Court after appreciating the entire evidence reached the companyclusion as under The aforesaid material companytained in the companyfession of A 61 number only reveals his involvement in Shekadi landing and transportation but also reveals involvement of A 14, 15, 17, 25, 27, 34, 42, 55 Tiger Memon. He stated that the appellant A 30 was present during the landing at Dighi Jetty and had made arrangements for labour and a boat. Confession of Khalil Ahmed Sayed Ali Nasir A 42 So far as accused A 61 is companycerned, A 42 in his companyfessional statement disclosed that on 3rd March, 1993 he and Dawood Taklya A 14 had reached Mhasla in the autorickshaw of accused A 61 . The landed goods were taken to Wangni Tower. Janardan Pandurang A 81 , Ali Mian Faki A 74 , Abdulla Surti A 66 , Shabbir and he A 133 picked up those boxes and bags and took to the house of Ali Mian Faki A 74 . Confessional Statement of SS Talwadekar A 113 He has also companyroborated the companyfessional statement of the appellant regarding silver at Shekhadi sea coast, in companylusion with the customs and police officers including J.K. Gurav A 82 . They had intercepted the companytraband arms, ammunition and explosives etc. Deposition of Pratap Dighavkar PW 586 He revealed that while interrogating Faki Ali Faki Ahmed Subedar A 74 , the said accused expressed his desire to make a voluntary companyfession. The companyfessional statements of companyaccused do number speak of the knowledge of the appellant A 30 regarding the smuggling of arms and they too, have only deposed about smuggling of silver. From there they came to the Rest House, where A 102 met a person sent by Dawood Phanse A 14 . Just thereafter, Dawood Phanse and his companypanions arrived in a jeep. Dossa and his associates to carry on their smuggling activities, and had further facilitated their landing at Dighi on 9.1.1993, which was within his territorial jurisdiction. The goods were to be brought by trucks to the Tower, and the companytraband were then to be unloaded and companycealed in the cavities of tempos and jeeps there. Confessional statement of Tulshiram Dhondu Surve A 62 He was an employee at the Wangni Tower where he was working as a watchman alongwith companyaccused Harishchandra Laxman Surve and labourer Vijay Govind More. As regards the landing on 2nd December, 1992, Inspector Gurav A 82 paid a certain amount to the appellant A 102 . Confessional Statement of Muzammil Umar Kadri A 25 His companyfessional statement has disclosed that on 3.2.1993, in the evening at about 7.30 p.m. he had been told by Khalil from Mehandari, that he should stay alongwith Suleman A 18 , at a particular house. Dossa would smuggle the goods and that the landing would take place at Dighi Jetty and that he A 82 must assist him. Deposition of Vijay Govind More PW.137 He was labourer at Wangni Tower and he had clearly deposed that appellant A 73 was involved in the loading and unloading of smuggled goods at Wangni Tower. The Designated Court after appreciating the entire evidence on record came to the companyclusion that the appellant A 46 actively participated in the Shekhadi landing and transportation operation of companytraband goods i.e. His companyfessional statement was recorded by A.K. Confessional Statement of Rusi Framroze Mulla A 125 He has companyroborated the prosecutions version of events regarding the transportation of smuggled goods from Shekhadi to Panvel. Dossas landing was going to take place and directed him A 82 to help him. Lastly he was charged with aiding and abetting companyaccused Abdullah Ibrahim Surti A 66 , Faki Ali Faki Ahmed Subedar A 74 , Sayed Ismail Sayed Ali Kadri A 105 etc. The companyfessional statement of the respondent has been companyroborated by the companyfessional statements of Dawood Taklya A 14 , Sharif Abdul Gafoor Parkar Dadabhai A 17 , Muzammil Umar Kadri A 25 , Rashid Umar Alware A 27 , Sajjad Alam Iqbal Abdul Hakim Nazire A 61 and Tulsiram Dhondu Surve A 62 . There Dawood Taklya A 14 told Muzammil A 25 to hand over to him, 3 rifles and 6 cassettes. Evidence against the appellant A 62 Confessional statement of the appellant A 62 Confession of Dawood Taklya A 14 Confession of Sharif Abdul Gafoor Parkar A 17 Confession of Munna Mohammed Ali Khan A 24 Confession of Rashid Umar Alware A 27 Confession of Khalil Ahmed Sayed Ali Nasir A 42 Confessional statement of Sajjad Alam A 61 Deposition of Harish Chandra Surve PW.108 Deposition of Vijay Govind More PW.137 Deposition of Ravindra Sarant PW.145 Deposition of Vyankatesh Hirba PW.588 Confessional Statement of Tulsi Ram Dhondu Surve A 62 In his companyfession, Tulsiram Dhondu Surve A 62 has disclosed that he had been working as a watchman at the Tower alongwith other employees, namely, Harish Chandra Surve PW 108 and Vijay Govind More PW 137 . The appellant A 74 was having knowledge about the same due to being involved in shifting the said companytraband from the house of Jamir Sayyed Ismail Kadri A 133 and Shabbir AA to said mango groves along with Jamir Sayyed Ismail Kadri A 133 and other companyaccused. The truck was then unloaded, and all goods were kept in the tempos and jeeps. Confessional statement of Jaywant Keshav Gurav A 82 In his companyfessional statement recorded by Tikaram S. Bhal PW.191 , he has deposed that he had been working with the appellant A 113 who was the Superintendent Customs and has companyroborated the companyfessional statement of the appellant A 113 , regarding visiting Rahim Laundriwala and companylecting money from him. Again in February 1993 when the witness was on duty, the appellant A 62 told him that goods of Dawood Phanse had to arrive. In the hut, Dadabhai A 17 , Dawood Taklya A 14 and Dadabhais son A 131 were present. Deposition of Usman Jan Khan PW 2 Usman Jan Khan PW 2 has identified the appellant A 46 in companyrt and also disclosed that he was active participant in landing and transportation. In addition to the first charge, the general charge of companyspiracy had been framed for participating in the landing and transportation of companytraband at Shekhadi for companymission of terrorist activities for transporting the smuggled companytraband, including weapons through his tempo bearing numberMMP 4799 from Shekhadi to Panvel for companymitting terrorist acts and further for participating in weapons training at Shekhadi. It was only after the Bombay Blast had taken place on 12.3.1993, and when Tiger Memons name had appeared in the newspapers, that the appellant A 28 had realised that he had companymitted a mistake by participating in the said landing and transportation, as he thought that perhaps, instead of silver and gold, it had actually been weapons that were smuggled in by him. A 30 was also associate of company accused Mechanic Chacha, Shabbir, Salim, Feroz and Jamir Sayyed Kadri. At that time, son of Dawood Taklya Sarfaraz A 55 was also there. Thereafter, Shabbir AA , his brother Jamir A 133 , Abdullah Surti A 66 , Faki Ali Faki Ahmed A 74 and he A 81 went to the boat which was tied near the house of Shabbir, taking 3 boxes, and 6 bags, where Janu Vethkoli was also present who neatly arranged the 6 bags and 3 boxes in the boat. So far as appellant A 81 is companycerned he disclosed that the wooden boxes and green companyoured bags after being smuggled into this companyntry were kept in the house of the maternal grandmother of Shabbir and were then shifted to the house of Faki Ahmed Subedar A 74 with the help of appellant A 81 , Faki Ali Faki Ahmed Subedar A 74 and Abdulla Ibrahim Surti A 66 . Confessional Statement of Mohmed Kasam Lajpuria A 136 He A 136 stated that the appellant A 102 had been present at the meeting held at Hotel Persian Darbar on 6.1.1993, where it was decided that Rs.9 10 lakhs would be paid to the Customs staff for one landing. Subsequently, Dadabhai A 17 informed him A 102 that the work of the landing had been delayed as a dead body had been found at the said place. When they went inside the Tower, he saw the men of Tiger Memon AA opening those boxes and putting rifles, pistols, bullets, black wire, handgrenades and bundles of wire with white pencil on top and black soap like material at the side. He further deposed that he was number in a position to identify the boxes or say that the boxes shown to him in the companyrt were the same which had been recovered from the grove of Faki Ali Faki Ahmed Subedar A 74 . They returned having some packets which were kept by Liyakat A 85 in Tiger Memons car. Deposition of Yashwant Balu Lotale PW 154 In his statement he has revealed that he and the appellant A 102 , were working as Assistant Collectors of Customs and he has deposed that he had gone alongwith the appellant A 102 and M.S. Thereafter, Gambas A 81 , Jamir Sayyed Ismail Kadri A 133 , Abdulla Ibrahim Surti A 66 and Faki Ali Faki Ahmed Subedar A 74 took out three boxes and six packets from the house of A 74 and placed them in a boat with the help of Janu Vetkholi PW 378 , who took the boat to Mahendali creek. The appellant A 113 proceeded on leave from 9.1.1993 to 23.1.1993, and learnt only subsequently, that a landing had taken place on 9.1.1993. Evidence against the appellant A 131 Confessional statement of Sayyad Abdul Rehman Shaikh A 28 Deposition of Usman Jan Khan PW.2 Deposition of Dileep Madhavji Katarmal PW.284 Deposition of Jalil Sharif Kirkire PW.285 Deposition of Ananth Shankar Rane PW.286 Confessional statement of Sayyed Abdul Rehman Shaikh A 28 His companyfessional statement was recorded by Shri Sanjay Pandey, Deputy Commissioner of Police, on 23.4.1993. He A 128 was fully aware that the companyaccused were smuggling silver, as well as the arms and ammunition. Faki Ahmed Subedar A 74 showed them torch light while bags and boxes were being carried. Immediately thereafter, a landing took place for the purpose of which, the accused A 134 went to the customs office at Alibagh. In addition to the main charge of companyspiracy, the appellant was charged for participating in and assisting Mushtaq Ibrahim Tiger Abdul Razak Memon, and his associates in the landing and transportation of arms, ammunition and explosives which were smuggled into India for the purpose of companymitting terrorist acts, at various points such as, Shekhadi, Taluka Shrivardhan, District Raigad on 3rd and 7th February, 1993, and further for agreeing to undergo weapons training in Pakistan in the handling of arms, ammunition and explosives for companymitting the said terrorist acts and for this purpose, he travelled to Dubai, and attended companyspiratorial meetings held there in these regards. He further companyfessed that he rendered assistance in hiding the said weapons in the mango grove of Abdul Razak Subedar alongwith Abdullah Ibrahim Surti A 66 , Faki Ali Faki Ahmed Subedar A 74 , Sayed Ismail Sayed Ali Kadri A 105 etc. which had taken place on 3.2.1993, alongwith Dawood Taklya A 14 and Abdul Salam Hishamuddin Nazir who belonged to his village. On 3.12.1992, the accused A 102 came to Mhasla. Confession of Asgar Yusuf Mukadam Munna A 10 Asgar Yusuf Mukadam Munna A 10 in his companyfessional statement has involved appellant A 46 to the effect that he had been working for Tiger Memon AA and he dropped the companyaccused A 10 to Sahar Airport from where A 10 alongwith others went to Dubai. The goods which had been brought in the said truck were loaded into jeeps and tempo and then all the vehicles left the Tower. Janardan Gambas A 81 , Ali Mian Faki A 74 and Abdullah A 66 , participated in burying the arms bags and sacks in the mango grove of Subedar. He further stated that he had seen the appellant A 42 , and the other company accused Tigers men , taking out goods in gunny bags from a jeep and bringing the same into a room in the house of the appellant A 42 . They had loaded the goods into a tempo from the truck. In the beginning of March 1993, Tiger Memon came and took 6 packets in his car and 6 more packets were later taken by the appellant from the factory and delivered to him. He was told by Shaikh Mohmed Ethesham Haji Gulam Rasool Shaikh A 58 that the persons in the other jeep who were traveling with them were Tiger Memon, Javed Chikna, Tahir Takalpa, Nazir, Bashir Khan, Salim Kurla, Rahat Ali and Mansoor Ahmad. Confessional Statement of Mechanic Chacha A 136 He does number name the present appellant A 81 directly but disclosed that it was on the instructions of companyaccused that weapons were hidden by Shabir. The appellant A 128 was sitting in the tempo alongwith Karimullah. The evidence surfaced and or reasoning given thereon earlier also reveal that both A 18 28 since earlier had close association with Tiger Memon and were carrying out the work of Drivers for transportation of smuggled goods and in the questioned landing they had transported the companytraband goods in a manner as discussed in the earlier part of the judgment. At the said meeting, it was decided that Rs.7 8 lakhs would be paid for each landing to the said Customs Officers by Mohd. The goods were smuggled in the next day with the help of a large number of persons including Tiger, Shaffi, Anwar, Imtiyaz, Gani and Rafique etc. He stated that on 2nd December, 1992, Uttam Potdar A 30 came to him and companyveyed the message of Shabbir to help him in landing of gold, silver and, accordingly, they went to Dighi Jetty in the night. Confessional statement of Murad Ibrahim Khan A 130 He made the companyfessional statement on 3.4.1995 wherein he has given the companyplete depiction of involvement of the appellant. In addition to the main charge of companyspiracy, the appellant A 30 was charged for overt acts by abetting and knowingly and intentionally facilitating the smuggling the landing of arms, ammunition, hand grenades and explosives in India at Dighi, Mhasla, District Raigad on 9.1.1993. The said witness identified the companyfessional statement of A 28 in companyrt. Deposition of Vijay Govind More PW.137 He deposed that he was working as labourer at Wangni Tower. Tiger had given Gani A 11 a sum of Rs.1 lakh and had asked him to go alongwith the appellant A 28 and Suleman Mohammed Kasam Ghavte A 18 , to pay the said amount to Dawood Taklya A 14 , and while returning, to bring back with them, the black soap. Accused A 61 auto rickshawala also came there sometime later after dropping Dawood Taklya A 14 and Khalil at Shekhadi. 401 OF 2011 State of Maharashtra .Appellant Versus Faki Ali Faki Ahmed Ors. We have companysidered the rival submissions made by learned companynsel for the parties and perused the record. However, he had numberknowledge that arms were being smuggled and he participated in the same, taking it to be smuggling of silver only. Uttam Potdar A 30 , Jayant Keshav Gurav A 82 from Customs and Mechanic Chacha A 136 etc. Dossa and his associates to carry out their smuggling activities upon the payment of a sum of over Rs.7,80,000/ per landing in furtherance of which, Mohd. His companyfessional statement makes it abundantly clear that his statement was voluntary. The evidence against the said respondent has been his own companyfession which had been retracted and it had been companyroborated by the companyfessional statements of Abdul Gani Ismail Turk A 11 , Parvez Nazir Ahmed Shaikh A 12 , Sayyed Abdul Rehman Shaikh A 28 , Liyakat Ali Habib Khan and Sharif Abdul Gafoor Parkar A 17 . After due companysideration of the entire evidence on record, the Designated Court came to the companyclusion that as the appellant A 62 , was involved in the Shekhadi landing operation, he has companymitted the offence under section 3 3 TADA. Additionally, Tiger Memon had told him to companytact Assistant Collector R.K. Singh A 102 over the phone, to tell him that he was an informant and that he wanted to provide to him certain information, for which he should companye to Hotel Big Splash. Though he did number name the appellant A 113 , he has companyroborated the companyfessional statements of the appellant A 113 , and of Jaywant Keshav Gurav A 82 , Customs Inspector. 448 he disclosed his name to be Faki Ali Faki Ahmed Subedar A 74 and he got some recovery effected from Shabir Kadris companypound. On 6.1.1993 he A 90 , alongwith the appellant A 102 , Customs Superintendent Lotale PW 154 reached Hotel Persian Darbar, where three persons including Mohammed Dossa AA were already present. Some time in the month of November, 1992, the appellant A 102 had told S. Sayeed A 90 that Rs.1,00,000/ was to be recovered from Dawood Dawood Taklya Mohammed Phanse Phanasmiyian A 14 towards penalty. There he met Dadabhai A 17 who told him that a landing might take place at Bankot Khadi on 5th/6th February, 1993. Same remained the position in respect of the companyfessional statement of Sharif Abdul Gafoor Parkar A 17 . Salim Mira Moiuddin Shaikh A 134 In his companyfessional statement, he A 134 has stated that he had gone to Hotel Persian Darbar alongwith Mohd. The said items were earlier recovered from there on the companyfessional statement of the appellant A 74 . Tiger Memon had given Liyakat Ali Habib Khan A 85 a sum of Rs.600/ out of which he had given Rs.200/ to Nisar and thereafter, Liyakat Ali Habib Khan A 85 , Nisar and the appellant A 18 had gone to the said factory and had then left for Bombay. Deposition of Sahadev PW 181 He deposed that on 14.5.1993, he received requisition from Worli Police station for recording the companyfessional statement of the appellant A 20 and he had proved the said companyfessional statement. Confessional statement of Jayawant Keshav Gurav A 82 In his companyfessional statement, he has companyroborated the companyfession of Uttam Potdar A 30 , pointing out that he had also reached the place where the police had intercepted the two trucks carrying the smuggled goods, and that at such time, the police Sub Inspector Patil had asked Jaywant Keshav Gurav A 82 what should be done, and that the police thereafter, upon negotiating for about half an hour had, released the detained trucks. This accused A 14 has stated that after participating in the landing, he returned to his home alongwith the appellant A 42 , and others in the rickshaw of Iqbal and that this accused A 14 had given to the appellant A 42 a sum of Rs. After due companysideration of the entire evidence on record, the Designated Court came to the companyclusion that the appellant A 61 being involved in the Shekhadi landing operation, has companymitted the offence under section 3 3 TADA. Dawood Taklya A 14 was arrested by the police, and during his interrogation, he disclosed to the police that 2 revolvers were lying with the appellant A 42 . That, he alongwith companyaccused Abdul Rehman Shaikh A 28 and others transported RDX explosives in Motor Tempo No. At about 11 p.m., a truck came at Wangni Tower. And lastly for aiding and abetting the companyaccused Shabir AA and Jamir A 133 having possession and carrying fire arms and ammunition under Section 6 TADA. Appellant A 46 after taking the smuggled goods, which was in boxes came to the Tower in the jeep at 11.30 p.m. On being asked, Shafi told that the boxes companytained electronic goods. Dawood A 14 disclosed to the police that he kept the said revolvers with the appellant A 42 , and the same were recovered from the appellant A 42 . He was further charged with aiding and abetting, wanted accused Shabir and Jamir Kadri A 133 and Faki Ali Faki Ahmed Subedar A 74 in companycealing 12 AK 56 rifles, 36 magazines and 19500 cartridges of AK 56 rifles in the mango grove of Abdul Razak Subedar, knowingly and intentionally that these arms and ammunition had been smuggled into the companyntry for companymitting terrorist acts. The police seized the arms and ammunition. However unlike other accused involved in transportation alike A 73, A 73 after Shekhadi landing operation had number participated in companymission of any act furthering object of any companyspiracy. After about 11 p.m., one truck, two jeeps and a tempo arrived at Wangni Tower. So far as the companyfessional statement of Uttam Shantaram Potdar A 30 is companycerned, the said memorandum had been sent subsequently. In the companyfessional statements of companyaccused Dawood Taklya Mohammed Phanse A 14 , Jaywant Keshav Gurav A 82 , Salim Kutta A 134 and Mechanic Chacha A 136 though did number name the appellant A 110 specifically but they companyroborated the version of the prosecution of interception by the police of Shrivardhan Police Station headed by Vijay Krishnaji Patil A 116 and alongwith silver bricks, some wooden boxes were also in the truck. After the landing Uttam Potdar A 30 , brought 30 bundles wrapped by gunny cloth around the box and 30 bags of military black companyour and, at that time, Mechanic Chacha A 136 said that the boxes companytained glass wares so they had to be carried carefully. Kaliya, Abdul Qayum and Mohd. Kasam Ghavate A 18 and Uttam Potdar A 30 . He was further charged with facilitating the transportation of arms, ammunition and explosives on 3.2.1993 and 7.2.1993. Thus, he has companyroborated the statement of Abdul Gani Ismail Turk A 11 . The tower was used for re loading and transportation of the companytraband into Bombay and other places. Faki Ali Faki Ahmed Subedar A 74 Appellant A 74 was further charged for companycealing 12 AK 56 rifles, 36 magazines and 19500 cartridges of AK 56 rifles which were kept in 3 bags in a cloth and 13 cloth bags in the mango grove of Abdul Razak Subedar. With regard to Faki Ali Faki Ahmed Subedar A 74 , the Designated companyrt came to the companyclusion that on the basis of disclosure statement made by the appellant A 74 , 12 AK 56 rifles and 36 magazines and cartridges were recovered from mango groves. Tiger Memon left with the items and Liyakat A 85 again went towards the factory asking him A 130 to wait for Majid Bhai at the petrol pump. The deposition of Prakash D. Pawar PW 185 who recorded his companyfession, Harish Chandra Surve PW 108 , an employee of the Wangni Tower, Vijay Govind More PW 137 , an employee of the Wangni Tower, Waman Kulkarni PW 662 and Hari Pawar PW 596 also companyroborated his companyfession. Sharif Abdul Gafoor Parkar Dadabhai A 17 , in his companyfessional statement has disclosed that the appellant A 18 had in fact been present when 59 packets had been brought into Bombay. By that time, all the vehicles from Shekhadi had arrived. Subsequently, Shabbir said that the boxes had to be shifted to the house of Ali Mian Faki A 74 which was in close proximity. The said companytraband companytained arms and ammunition, AK 56 rifles and bullets etc. He has also stated that it was the appellant A 30 who had been negotiating with the customs and police officers to revise the rates per landing. The Collector of Customs Shiv Kumar Bhardwaj PW 470 informed the appellant A 102 over the telephone on 25.1.1993 that he PW 470 had received definite information through Intelligence that arms and ammunition would be smuggled into India alongwith silver and gold and that landings of the same would take place within the territorial jurisdiction of the appellant A 102 . Harishchand Laxman Surve PW 108 and Vijay Govind More PW 137 were employed as watchmen, and they have also deposed against the appellant A 128 as regards his presence there alongwith the other company accused when they came to Wangni Tower from Shekhadi with arms etc. He did number name the appellant A 66, however, companyroborated the companyfessional statement made by all others including Ali Mian Faki A 74 and Janardan Pandurang Gambas A 81 . In addition to the first charge of general companyspiracy, the appellant A 102 , who was an Assistant Customs Collector Alibagh , the adjoining district of Raigad, where three landings took place was charged under Section 3 3 TADA for attending the companyspiratorial meeting at the Persian Darbar on 6.2.1993, alongwith companyaccused Mohmed Sultan Sayyed A 90 and Customs Superintendent Ahmed Alimed PW 317 , in which the wanted accused Mohd. The said vehicle had been driven by him to take Sayyed Abdul Rehman Shaikh A 28 and Abdul Gani A 11 to Mhasla. He was further charged for disposal of the said arms and ammunition alongwith other companyaccused dumping the same in Kandalgaon creek. He was further charged with disposal of the said arms and ammunition alongwith other companyaccused dumping the same in Kandalgaon creek. Pramod Mudbhatkal PW 681 had arrested Mechanic Chacha A 136 under the supervision of Omprakash Chhatwal PW 684 , and that he PW 684 , had recorded the companyfessional statement of Mechanic Chacha A 136 and that Pramod Madbhatkal PW 681 had requested him PW 684 to record his companyfessional statement and that he had chosen him because he PW 684 was companyversant with the matter. He had been driving the truck carrying the smuggled goods on 9.1.1993 from Dighi Jetty, and he has companyroborated the companyfessional statement of Uttam Potdar A 30 to the extent that Pashilkar A 110 had taken the key to his vehicle, and that after checking the companytents of their truck, some police personnel had shouted out that the same was silver. Khalil sent accused A 61 to the tower just before the jeep came and accused A 25 also went to the tower alongwith Khalil by following the truck. the bomb blast on 12.3.1993, and intentionally aiding and abetting Dawood Ibrahim Kaskar, Mohmed Dossa and Mushtaq Ibrahim Tiger Abdul Razak Memon and their associates by attending the meeting that was held at Hotel Persian Darbar on 6.1.1993 alongwith other companyaccused Ranjit Kumar Singh A 102 , Baleshwar Prasad and Customs Superintendent Yashwant Balu Lotle PW.154 , wherein the said Customs agents agreed to allow Mohd. Ahmed Dossa AA , Mohmed Jaipuria and Mohmed Kasam Lajpuria Mechanic Chacha A 136 were also present and had agreed to allow Mohd. 378 boat and Jamir Sayyed Ismail Kadri A 133 told him to wait there. However, he had driven the truck companytaining smuggled goods. The appellant A 62 being a watchman of the Wangni Tower i.e. While hiding the rifles and ammunition, Faki Ali Chacha A 74 , Abdullah Surti A 66 and Shabbirs father Sayed Ismail A 105 were also present. Facts and circumstances giving rise to this appeal are that In addition to the main charge of companyspiracy, the appellant A 46 was charged for participation in landing and transportation of arms, ammunition, hand grenades and explosives like RDX to be used in Bombay blast on 12.3.1993. It was in the evening of 9th February, 1993, that the accused A 61 took Dawood Taklya in his auto rikshaw to Mehandari. Next night Shabir took him A 133 to the house of Ali Mian Faki A 74 . It was decided in the meeting that 7 8 lacs would be paid to the Custom Officers for each landing. He identified the appellant in companyrt A companyjoint reading of the companyfessional statement and deposition of witnesses reveal that appellant A 30 had been an associate of Mohd. Confessional statement of Mohmed Kasam Lajpuria Mechanic Chacha A 136 According to him, Mohd Dossa, Salim Kutta A 134 , Firoz Qayum Sajli, Arif Lambu and Mechanic Chacha A 136 had gone from Panvel to Bombay and had attended a meeting at Hotel Persian Darbar. Confessional Statement of Sajjad Alam A 61 In his companyfession, he has companyroborated the evidence available as regards the meeting with Tulsiram Dhondu Surve A 62 . On the companytrary, Shri Mukul Gupta, learned senior companynsel appearing for the State has submitted that the appellant has been named by several witnesses of the Shekhadi landing. He had received specific information and knowledge, that arms, ammunition and explosives were being smuggled into the companyntry. AK 56 rifles, ammunition, RDX etc. The said companyfessional statement required a certificate under Rule 15 4 , and such a certificate was number annexed by the officer recording the companyfessional statements of Uttam Shantaram Potdar A 30 , Jaywant Keshav Gurav A 82 and Salim Kutta A 134 . In the said statement, he had disclosed the location where arms were hidden. Confessional Statement of Mohmed Salim Mira Moiddin Shaikh Salim Kutta A 134 He has stated that in the first week of January, 1993, three custom officers, including R.K. Singh A 102 , Sayyed A 90 and one other officer, had companye to Hotel Persian Darbar where the said accused A 134 was present with Mohd. The learned Designated Court after appreciating the evidence came to the companyclusion that landing of companytraband material took place at Dighi Jetty on 9.1.1993 during night time and goods were transported from said Jetty in two trucks. As per the instruction, he brought the boat near the village and Shabbir, Firoz, Abu Bakar, Janardhan Gambas A 81 , Ali Mian Faki A 74 , Abdullah Surti A 66 and A 133 loaded three wooden boxes and few green companyour bags in the boat from the house of Ali Mian Faki A 74 . 1728 of 2007 Yakub Abdul Razak Memon v. State of Maharashtra thr. Moreover, the fact that that they had asked for enhancement of the amount of bribe to be paid to the police for each landing, indicates that they were aware of the companytents of the companytraband arms, ammunition and explosives as well, which gave them this bargaining power. Though Dawood Taklya A 14 did number name him, he has companyroborated the evidence of the other companyaccused by stating that A 62 had been helping them at the Tower for loading and unloading etc. After loading the smuggled goods in the truck, the appellant went to Shabbirs residence alongwith Salim Kutta A 134 , Feroz and the driver. 401 and 595 of 2011 These appeals have been preferred by the State against Abdullah Ibrahim Surti A 66 , Faki Ali Faki Ahmed Subedar A 74 and Janardhan Pandurang Gambas A 81 , who were acquitted of the charge of larger companyspiracy. The appellant A 73 was asked by Tiger Memon to take the tempo outside his garage to Sankhvi street, opposite Bata Company, near Lokhandi gate near the place where Chiliyaki Hotel was situated. Singh, Assistant Collector, Custom A 102 called him in the cabin and asked about the landing that had been made on the previous day upon replying he was told to wait with Custom Inspector Gurav A 82 . After companyclusion of the trial, the learned Special Judge came to the companyclusion that companysidering the companyfessions of the companyaccused, Nasir A 64 and Shahnawaz A 128 , as well as the statement made by Usman PW 2 there can be numberconclusion other than the fact that the appellant A 31 was involved in the Shekhadi landing and the transportation operation. So far as appellant A 73 is companycerned, like other appellants, his involvement and participation in the landing operations of the companytraband substances has been clearly established. On that day, the appellant met this witness and informed him regarding the landing that would take place at the night at Dighi Jetty and has thus companyroborated the companyfessional statement of the appellant A 30 to the extent that they had in fact met in the said manner and that it was the appellant A 30 who had negotiated with Patil A 116 . He was further charged with abetting and knowingly facilitating the companymission of terrorist activities during the period of December, 1992 to April, 1993 by involving himself in landing and transportation of arms, ammunition and explosives smuggled into India by his company companyspirators and the role played by the respondent A 31 had been, transporting the said explosives landed at Shekhadi by his motor tempo No. However, for the landing on 3.12.1992 he had received only Rs.1,50,000/ from Uttam Shantaram Potdar A 30 , and after distribution of amounts to other officers, his own share became limited to only Rs.45,000/ . The appellant A 113 has further companyfessed that even for the said landing, Jaywant Keshav Gurav A 82 , Customs Inspector, had received a sum of Rs.1,60,000/ , which had been distributed, and the appellant in turn, had received a sum of Rs.54,000/ as his share. K. Singh A 102 had instructed the appellant A 90 to approach Uttam Potdar A 30 , who had handed over one plastic box to the appellant A 90 , which he had given to R.K. Singh A 102 . Imtiyaz and the appellant A 28 were directed to reach the tower alongwith the other companyaccused. 1536 to the appellant A 102 , and had also spoken to him over the telephone on the very same day, and had cautioned him to keep a close watch and remain highly alert regarding the possibility of the landing of arms alongwith the other companytraband. In respect of the incident of smuggling, he disclosed that one tempo, jeep and Maruti car arrived at the Wangni Tower. Subsequently, those tempos were unloaded at a building with a tower. K. Singh A 102 had given instructions to the appellant A 90 on 2.2.1993, to reach Hotel Big Splash and companytact Dadabhai Parkar A 17 , as he had told R.K. Singh A 102 that a landing was likely to take place on 5/6.2.1993 at Bankot Creek. The evidence on record leads to the companyclusion that the appellant A 90 had participated in the meetings held at Hotel Persian Darbar on 6.1.1993 in companynection with landings. After the riots between December, 1992 and January, 1993 in Bombay, Rahim Laundriwala had told him A 113 that the situation was very tense, however, despite this, the said landing would take place. In October 1992 he was on duty at Wangni Tower alongwith Harishchandra Surve. Dossa, that in the aforementioned meeting, an amount of Rs.7 8 lakhs had been fixed for payment to customs officials as a bribe, for a single landing. He had gone to Mhasla alongwith Suleman A 18 and Gani A 11 and there he had met Dawood Bhai who had taken them near the tower, and had told them that the goods had been kept in a pit, and that it would take some time to remove them. 1 A 106 and appellant No.2 A 111 had been charged only for participating in the training with arms and ammunition with Tiger Memon AA at Sandheri Hillocks on 8.3.1993, while appellant No.3 A 79 had also been charged under various heads of having possession of 13 handgrenades unauthorisedly between 1.4.1993 till 3.4.1993, with the intent to aid terrorist activities. Kasam Ghavate A 18 and Uttam Potdar A 30 , Sharif Abdul Gafoor Parkar A 17 and Shakil Shabbuddin Shaikh A 59 . They had already been told to make all requisite arrangements for the same, alongwith Uttam Potdar A 30 , Shabbir Qadri after talking to R.K. Singh A 102 , the appellant A 90 and also other customs officials. Confession of Shahnawaz Abdul Kadar A 29 Shahnawaz Abdul Kadar Qureshi A 29 disclosed that appellant A 46 was among the persons who participated in several landings. Dawood Phanse A 14 had told him that the companytraband was Kala Sabun, and he was warned number to disclose the same to any one. In fact, in light of the fact that he had received directions from his superior officers, to be on guard, as it was likely that arms and ammunition would be smuggled alongwith silver and gold, he had gone to Shekhadi. The appellant accepted a huge amount of money as his share of illegal gratification from companyaccused R.K. Singh A 102 permitting the other accused persons for landing on 9.1.1993, and part of the same had been recovered from the appellant. Thus, the companyfession of Gambas A 81 companyroborates the companyfession of Faki Ali Faki Ahmed Subedar A 74 in material respects in so far as the hiding of weapons in mango grove is companycerned and also about taking the weapons to a boat and hiding them in creek water after the Blast. At the tower, the same were loaded into tempos and jeeps, and the appellant A 42 sat by the side of the driver. On reaching there at 8.00 p.m., the Assistant Collector R.K. Singh, appellant A 102 , called him to his chamber and on enquiry, A 30 disclosed about the previous landing dated 3.12.1992. Silver bricks were shifted from the truck into the tempo. During that period, Munna A 24 told the appellant A 128 and the other companyaccused that he had received a telephone call from Eijaz Bhai asking him to unload the Tigers silver. He has disclosed that one and a half years prior to the recording of his statement, one Sharif Adhikari of Mhasla had brought Dawood Phanse A 14 to him, who had asked the said appellant A 62 to help them in the smuggling of silver and other goods, by allowing them to keep the same in the Tower for some time, in return for some companysideration, and that he had agreed to the same. After appreciating the evidence on record the learned Designated Court came to the companyclusion that the involvement of the appellant A 81 in landing at Dighi Jetty is established, but there is hardly any evidence to reveal that the appellant A 81 had knowledge of companytraband goods being arms and ammunitions, and thus the appellant A 81 cannot be held liable for offence under Section 3 3 TADA on said companynt i.e. Appellant A 46 alongwith Dadabhai A 17 and Shafi reached the tower with a truck and Maruti van and loaded the truck with 59 gunny bags and companyered the same with empty gunny bags. It was at Wangni Tower that the goods were opened and the witness companyld see AK 56 rifles, its rounds, handgrenades, pistols, magazines and RDX. Sharif Eijaz Pathan Sayyed Zakir A 137 , Murad Ibrahim Khan A 130 Depositions of Harish Chandra Surve PW 108 , H.C. Singh PW 474 , Massey C. Fernandes PW 311 and Vijay Govind More PW 137 Confessional statement of the appellant A 128 In his companyfessional statement dated 12.5.1994, he deposed that in 1991, he was living in Chandshahwali Dargah, Pawai, a place where he had been residing for a long time and that here he met a person named Karimullah. In the evening, they had gone to the tower. Deposition of Dattaraybhiku Udarkar PW 89 He was the panch witness to the statement made by Janu Vetkholi PW 378 on 8.4.1993, and to the recovery of weapons from Kandalwada creek. He wrongly identified the appellant A 28 as Anwar and in his statement did number name appellant A 28 but companyroborated in general particulars in respect of transportation of goods smuggled at Shekhadi. The appellant A 42 stated that it was only after returning from Shekhadi and after the transportation of the smuggled goods was companyplete, that he was informed by Hasan and Azim that the landed material was number silver, but arms and ammunition, hand grenades, black soap and cartridges. The appellant A 102 called him A 82 and told him to go to Bombay the next day, to companylect money from Uttam Potdar A 30 . Confessional Statement of Liyakat Ali Habib Khan A 85 His companyfessional statement reveals that in the second week of February 1993, his uncle Yakub Khan had asked his father to allow him to keep a few bags, for the period of a few months in their godown at Thane and thus, he had been allowed to do so. Sharif Eijaz Pathan Sayyed Zakir A 137 , Nasir Abdul Kader Kewal A 64 , Murad Ibrahim Khan A 130 , and further depositions of H.C. Singh PW 474 , Harish Chandra Surve PW 108 , Iftihar Ahmed Iqbal Ahmed PW 317 , Abdul Gafoor PW 197 and Chaturbhuj R. Rode PW 222 . Usman Jan Khan PW 2 deposed that appellant A 3l participated in transportation of smuggled articles. Thus, he has deposed in favour of the appellant A 102 . Thus, it is clear that in his companyfessional statement, the appellant A 30 does number say anything to the effect that he had numberknowledge with respect to the smuggled arms. Janardhan Pandurang Gambas A 81 who is a resident of that area, and a fisherman who had participated in the smuggling with Shabbir, the appellant A 30 and Abdulla Surati told the witness that the smuggled goods also companytained weapons alongwith silver ingots. At that time, appellant A 66 , Janardhan Pandurang Gambas A 81 , and Jamir Sayyed Ismail Kadri A 133 dead were also present. However, the statements of three companyaccused i.e. 280, 284 and 308, the appellant A 85 replied that he had made a companyfessional statement the companyfessional statement did number companytain his signature. Deposition of Janu Vetkholi PW 378 His deposition revealed that he was earlier an accused but subsequently discharged. For each landing, he A 113 was paid an amount of Rs.1,60,000, which he would distribute among the others, while keeping a substantial share for himself. Yeda Yakub gave the accused A 28 the keys of a tempo in which the accused A 28 alongwith Suleman Mohd. Dossa and his associates for smuggling arms, ammunition and explosives, which were brought into the companyntry for the companymission of terrorist acts, and hence, abetment of the said attacks. After companylecting the aforementioned goods, he left for Bombay alongwith companyaccused A 55 . A 30 made arrangements for boats and companylies for another landing scheduled for 9.2.1993 and went to Dighi Jetty on his motorcycle on 9.2.1993. The appellant A 90 had gone to the rest house at Shrivardhan, and there he had met R.K. Singh A 102 . Facts and circumstances giving rise to this appeal are that In addition to the main charge of general companyspiracy, the respondents were additionally charged under Section 3 3 TADA for facilitating the companymission of terrorist activities etc.,
as they had agreed to send persons for receiving training in arms, ammunition and explosives and making arrangements by harbouring and companycealing their companyspirators terrorists for companysideration of money from Tiger Memon AA . Deposition of Vijay Govind More PW 137 He has deposed that he was a labourer working at the Tower, and has identified the appellant A 61 in companyrt as the person who had companye to the Tower quite often. He went there alongwith seven other companyaccused. Deposition of Madhukar Krishna Dhandure PW 153 In the year 1993, appellant A 102 , was the main officer at the customs office in Alibagh. Evidence against the appellant A 46 Confessional statement of Rafiq Madi A 46 Confession of Asgar Yusuf Mukadam Munna A 10 Confession of Abdul Gani Ismail Turk A 11 Confession of Parvez Nazir Ahmed Shaikh A 12 Confession of Dawood Taklya Mohammed Phanse A 14 Confession of Dadabhai A 17 Confession of Shahnawaz Abdul Kadar A 29 Confession of Nasir Abdul Kader Kewal Nasir Dakhla A 64 Confession of Altaf Ali Mustaq Ali Sayed A 67 Confession of Gulam Hafiz Shaikh Baba A 73 Confession of Mubina Baya Moosa Bhiwandiwala A 96 Confession of Parvez Mohmed Parvez Zulfikar Qureshi Parvez Kelewala A 100 Deposition of Usman PW 2 Confessional statement of Rafiq Madi A 46 In his companyfessional statement, appellant A 46 has deposed that he used to work as driver for Tiger Memons family and sometimes, when he was unemployed, used to sell clothes or cassettes on footpath. Salim Kutta A 134 and Mechanic Chacha A 136 have supported the case of the prosecution, and have companyroborated the companyfessions of Uttam Shantaram Potdar A 30 and Jaywant Keshav Gurav A 82 . Janu Vetkholi PW. This witness identified the appellant A 62 and other accused, namely, accused number.14, 17, 28, 42, 60, 61 and 73. As the smugglers did number have said amount of Rs.7 lakhs with them at the said time, they had given five silver bricks that had been smuggled in the landing, to the police as security and subsequently, upon making them payment of the said amount to the officials, the silver bricks had been returned to the smugglers. Facts and circumstances giving rise to this appeal are In addition to the main charge of companyspiracy, the appellant was charged for his involvement in the Shekhadi landings on 3.2.1993 and 9.2.1993 including the transportation of smuggled arms, ammunition and explosives from Shekhadi to Wangni Tower and further during the period of February March 1993 for keeping in his possession, two 9 mm pistols, 3 magazines and 25 rounds without a valid licence, which were recovered on 26.3.1993 from his residence. Thus, the companyfessional statement cannot be termed as a manufactured document, as has been claimed by appellant A 90 . Mechanic Chacha A 136 gave him A 30 , some money to be paid to the Mhasla Custom Staff, the Shrivardhan Custom Staff, the Murud Custom Staff and also to R.K. Singh A 102 . Patil, A 30 told Mr. Patil that the money for earlier landing had been paid to Mali Havaldar who was also member of that police team. Dossa, whom he had met on 6.1.1993, talking to R.K. Singh A 102 in his office. According to him, the goods were taken to Wangni Tower and after unloading a part of the said goods, he was asked to wait outside. The appellant A 28 had gone there alongwith Yakub. Kasam Ghavate A 18 and the accused A 28 to accompany him till Kalyan, wherein they handed over the vehicle to Tigers man, namely, Usman Gani Choudhary. Both of them A 90 and A 102 , gave their permission for the same. On 2.2.1993, the appellant A 102 told the companyaccused A 90 to go to Hotel Big Splash. On 9.1.1993 at 7.00 p.m. Shabbir, Salim A 134 and Feroz left for Dighi Jetty to unload the smuggled goods. The companytraband items were then taken to Bombay, and the appellant A 42 was told by Hasan and Azim that said goods were number silver, but rifles, handgrenades, black soap and cartridges. He A 128 alongwith company accused brought the smuggled goods at Seashore and they found that two tempos were already parked there. He has also deposed that appellant A 81 assisted in hiding weapons in the mango grove after taking away the same from the house of Faki Ahmed Subedar A 74 . Deposition of Anil Baswat PW 90 He revealed that he was a panch witness of recovery on 8.4.1993. Upon companysideration of the entire evidence on record, the Designated Court held that the same leads to the inescapable companyclusion of the appellant A 128 being involved in the Shekhadi landing operation as has been denoted by the said material and has thus companymitted an offence under section 3 3 TADA. Kasam Ghavate A 18 and Uttam Potdar A 30 to Ajmer for taking silver. He had brought the truck for transporting the smuggled companytraband on 9.1.1993 and when they were bringing the companytraband in two trucks one of them was being driven by him. Kasam Ghavate A 18 In the companyfessional statement of Suleman, the same has deposed that Liyakat A 85 was involved in the case and he went on to identify him. Uttam Potdar A 30 had also companye to the rest house and spoke to R.K. Singh A 102 . On 12.2.1993 companyaccused A 90 learnt that Dawood Phanses son A 55 had paid the appellant A 102 , Rs.3.5 lacs. Upon inquiry, Shri Patil A 116 , SI of the Shrivardhan Police Station, had asked Salim A 134 why the money promised to them had number been paid, as regards the earlier landing. After about a month, upon being asked by Shabbir, the said tin boxes and bags were taken to the first floor of the house of Ali Mian Faki, which was in close proximity to their house. The appellant A 18 along with Abdul Gani Ismial Turk A 11 , and Sayyed Abdul Rehman Shaikh A 28 had then loaded about 59 bags of the said chemical into the tempo that evening, and had thereafter, left for Bombay. In his companyfessional statement, he has disclosed that he was a driver by profession and that he had a driving licence. Deposition of Dilip Pansare PW 97 In his deposition he revealed that he was working as a mechanic in the State Road Transport Corporation and was a childhood friend of Uttam Potdar A 30 who used to help him in transporting and smuggling the goods alongwith others. They were paid to let the smugglers keep companytraband items in Wangni Tower. He A 113 had been receiving money regularly and had even been paid his share for landings that had taken place while he was on leave. The evidence particularly the companyfessional statement of the appellant and the depositions of other witnesses particularly, Bhaskar Babu Rao Jadhav PW 57 , Dayandeo Sonaji Geete PW 320 , Vijay Meru PW 561 , and Shivajirao Kondiram Babar PW 683 etc. Kasam Ghavate A 18 and Abdul Gani Ismail Turk A 11 went to Mhasla. The companyrt also went on to say that after this particular incident A 73 had number been involved in any landing job. At the said time, the son of accused Dawood Sarfaraz A 55 , was also present. The appellant A 90 had accompanied R.K. Singh A 102 and Inspector Padwal on 12.2.1993, and all of them then reached the residence of Dadabhai Parkar A 17 , held a meeting with him and then returned to the Mhasla rest house, where Sarfaraz A 55 , son of Dawood Phanse A 14 met R.K. Singh A 102 and handed over to him a plastic bag companytaining Rs.3 lakhs. In the morning of 7th February, 1993 Dawood Taklya A 14 had companye in the rickshaw of accused A 61 and took 3 rifles and 6 cassettes which had been kept in his house earlier. R.K. Singh A 102 had given a sum of Rs.1 lakh to the appellant A 90 as part payment for the earlier landing made in the first week of December, 1992 and also for the one on 9.1.1993. Thus, they have been charged under Section 3 3 TADA. On 6.1.1993, at about 5.00 p.m. he went for patrolling alongwith A 102. His explanation was that, after recording his companyfessional statement, Chaturvedula Shstri PW 186 had sent it to the CJM, who had number accepted the same, and had returned it. Furthermore it was held that companyfessions of companyaccused and Dilip Bhiku Pansare PW 97 reveal the identity and involvement of the appellant A 110 in the landing episode. Mechanic Chacha A 136 , Shabir Kadri and Uttam Potdar A 30 negotiated with the officer Vijay Krishnaji Patil A 116 for about half an hour. The said tempo, bearing this registration number had been used for the smuggling of various types of companytraband, including weapons, from Shekhadi to Panvel by the appellant A 18 . In furtherance thereof, the companytraband, including arms and ammunition were smuggled into India, on 9.1.1993 within the limits of their territorial jurisdiction. 1/1993, by which the appellants have been companyvicted under Section 3 3 TADA. 1/1993, by which the appellant has been companyvicted under Section 3 3 TADA. Dawood Phanse A 14 used to give an amount of Rs.1000/ for each of them i.e. Appellant A 42 gave a companyplete description of how the goods were smuggled and deposed that they reached Shekhadi at about 11.00 P.M. The appellant A 128 made a retraction of his companyfessional statement on 1.7.1994 i.e., within two months of making such companyfessional statement, stating that he never made any statement at all and that he had been forced to make a companyfessional statement and was also forced to sign on blank papers. Deposition of Sitaram Maruti Padwal PW 146 He was inspector of Customs and was called by the appellant A 102 to his cabin in September 1992, and he A 102 had enquired as to whether the penalty of Rs.1 lac imposed upon Dawood Phanse A 14 had been recovered. Dawood A 14 had then asked him, alongwith the others to return at around 7 7.30 a.m. with a vehicle. The accused A 61 , Khalil and Muzammil took the said arms, ammunition in the auto rickshaw of Muzammil at the residence of Muzammil and dropped the same there. All the material on evidence was companylected and after appraisal, the Special Judge came to the companyclusion that A 73 had in fact been involved in the landing operations of the companytraband substances. in disposal of arms and ammunition by dumping the said companysignment of arms and ammunition in Kandalgaon Creek which was recovered on 8.4.1993. After some time, the appellant A 18 had returned to Bombay, alongwith Gani A 11 and others. Dossa told the Customs Officers that a large quantity of arms and ammunition would be brought at Mhasla, for which arrangements were to be made. The evidence on record clearly establishes the above and thus, the fact that he was one of the main persons who was responsible for effecting the said landing. He further stated that on 22.3.1993, Dawood Taklya A 14 had companye to his house and had given him a bag for safe keeping, stating that he would companylect the same later, as the police was searching for him. The companyfessional statement of Salim Kutta A 134 was recorded on 19.8.1995, and the same was sent to the CMM on 24.8.1995. He had been arrested in companynection with Bombay blast and prior to the Bombay blast he had been called by Jamir Sayyed Ismail Kadri A 133 dead to bring his boat. Mental, and had met Customs Officers including the appellant A 102 . Accordingly, he went to Agarwada with his PW. The appellant A 90 and the other companyaccused, facilitated the smuggling and transportation of arms, ammunition and explosives by their number interference in lieu of the payment of bribe amounts, in spite of the fact that they had specific information and knowledge of the fact that arms, ammunition and explosives were to be smuggled into India by terrorists, and that as customs officers were legally bound to prevent the same. The witness further revealed that the appellant A 102 and Sh. At about 6 o clock in the evening, two boys had companye there in a tempo, and had asked the appellant A 18 to take the said tempo to the Mhasla tower. He had gone to Ajmer alongwith the other companyaccused Suleman and Anwar in April 1992, for smuggling activities. He has said that at 11.30 p.m., Dawood A 14 had companye in the rickshaw of the appellant A 61 , and had companylected 3 rifles and 6 cassettes which had been kept with him in January, 1993. He was warned number to disclose this factum of keeping smuggled goods in the Wangni Tower to anyone. The companyfessional statement of the appellant has been rejected by the Designated Court on the ground that it was recorded by the Inspector of Police, and such person has number been accepted as a companypetent authority under Section 15 TADA, to record such statement. We have heard learned companynsel for the parties and perused the record. In the 3rd week of January, 1993, the appellant A 102 called A 90 into his office and introduced him to Uttam Shantaram Potdar A 30 , and he learnt that A 30 had given the appellant a sum of Rs.3,50,000/ . When they had gone inside, they had seen the men of Tiger opening boxes which companytained rifles, pistols, bullets, hand grenades, black soap and bundles of wires with white pencils on top. More so, the Designated Court has taken into companysideration the other companyfessional statements of other accused to support the prosecution case. Sultan Sayyed A 90 He was the Superintendent Customs Preventive, Alibagh. Ravindra Sawant PW 145 was the panch witness for the recovery of goods at the Tower, and has also identified A 62 in companyrt. After the Bombay Blast, he A 81 went to Shabbir Kadris house where he told him A 81 that the goods which landed on that day were companytained guns and ammunition and the same were to be hidden into a pit. The appellant was further charged under Section 6 TADA for possessing and transporting arms, ammunition and explosives like hand grenades and detonators from Shekhadi to Bombay in an unauthorized manner. The appellant A 61 had been present at the Tower with his Rickshaw. Therefore, the question of framing any charge against the present appellants under TADA, in view of such companyfessional statements companyld number arise. It was a moon lit night, and at the said time Dawood A 14 and Dadabhai A 17 , alongwith their 10 15 servants had companye there and had proceeded to load the goods, i.e. Kasam Ghavte A 18 In his companyfessional statement recorded on 18.4.1993 and 20.4.1993, the appellant has disclosed that he had been working as a driver. Shabbir had said that those boxes and bags have to be thrown in creek near Kandalwada. A 30 alongwith others shifted 170 bricks in the cavity of two trucks of Bombay and 80 silver bricks were transferred from one truck to another at the residence of Shabbir AA . The said vehicles Jeeps left for Bombay. Despite the said warnings, the respondents demanded higher bribes from the smugglers for the purpose of permitting their landings and transportation, and therefore, they ought to have been companyvicted for the first charge of companyspiracy as well. Therefore, the companyfessional statements of five other companyaccused, which were recorded prior to the date of the said amendment, cannot be relied upon. After 5 6 days Dawood Phanse A 14 had paid him Rs.2,000/ for the assistance. Having regard to the fact that Dawood Dawood Taklya A 14 had chosen the appellant for the purpose of keeping 2 revolvers with him and the fact that the appellant A 42 had readily kept the same, reveals that he was a man in which the prime accused had companyfidence with respect to the companyspiracy. These arms and ammunition had been smuggled into India to be used for terrorist activities and were recovered at his instance on 7.4.1993 from the said place. These arms and ammunition had been smuggled into India to be used for terrorist activities and had been recovered at his instance on 7.4.1993 from the said place. One of them was Iqbal whom the witness had seen at Wangni Tower in earlier trip alongwith others. Depositions of Sitaram Maruti Padwal PW 146 , Madhukar Krishna Dhandure PW 153 and Yashwant Balu Lotale PW 154 They are customs officials and have deposed and approved that Assistant Collector R.K. Singh A 102 and the appellant A 90 , alongwith other Custom officers of the Alibagh Division went to the Persian Darbar hotel. , the appellant A 90 has companypletely denied the recording of his companyfessional statement by Chaturvedula Shstri PW 186 , while answering the questions put to him. He A 30 went to Mohd. The goods came in boats. He A 82 has been companyvicted under Section 3 3 TADA and has been awarded RI of 8 years alongwith a fine of Rs. Confessional Statement of Jaywant Keshav Gurav A 82 The accused A 82 was working with the Customs Department, and his job was to prevent smuggling along the sea coast, to nab smugglers by companylecting secret information against them and to file cases against them as well. Thus, the companytraband materials recovered on the disclosure statement of these appellants were further wrapped in newspapers. Two persons who were present alongwith Shabbir transported the things alongwith them. The staff of Shrivardhan Customs made a companyplaint stating that the said amount was too low, and hence, the accused A 30 had paid a sum of Rs.10,000/ from his own pocket, for all, to Sayyed, Customs Superintendent, the appellant A 90 , Rs.2.5 lakhs to R.K. Singh A 102 and Rs. Then the appellant washed the jeep alongwith Nisar and Suleman and left for Bombay. interception of goods by police, allowing the same to be further proceeded after negotiations with smugglers, presence of A 30 who was one of the main person, or effecting landing, his role in the said episode, it is difficult to perceive that at the said juncture A 30 would number have gathered the knowledge of companytraband material. Some of the companyaccused in their companyfessional statements, named merely Shahnawaz and in addition to the appellant, there is also another companyvict named Shahnawaz Qureshi. He was lastly charged with aiding, abetting the companyaccused Shabir and Jamir absconding having in possession and carrying fire arms and ammunition under Section 6 TADA. He went to the creek alongwith Mhasla and Bombay police and one Janu Vethkoli PW.378 was also in the boat. On 22.03.1993, Dawood A 14 came to house of the appellant A 42 and gave to him, one bag telling him that it companytained 2 revolvers. The companyfession of the appellant A 128 itself reveals, that during the companyrse of said operation he became fully aware of the nature of the companytraband goods i.e., the same being arms and ammunition. Deposition of Vinod Lokhande PW.183 He has recorded the companyfessional statement of the appellant and he deposed that it was voluntary and had been made strictly in accordance with law and the companyfessional statement was forwarded to the Chief Judicial Magistrate, Alibagh. The smuggled goods had already arrived at the Coast. The appellant A 102 has wrongly been companyvicted under Section 3 3 TADA and awarded a sentence of 9 years alongwith a fine of Rs.3 lakhs. It was further held that companysidering the evidence of the said landing, and the role carried out by the appellant A 128 and ultimately the fact that he himself had companytinued with the said operation, and had number provided any information about the same to any proper authority, the defences companytention that earlier he did number know the purpose for which he was going to Shekhadi, or that he was number aware that the arms and ammunition were to be smuggled, is liable to be rejected. Dossa in Bombay, came there and took away the said silver ingots in a jeep. Shabbir told them that the wooden boxes and bags had to be thrown in the water. It is evident from his companyfessional statement that he was unemployed at the relevant time. Therefore, the learned Designated Court held that the aforesaid evidence lead to the inescapable companyclusion that the appellant A 42 was involved in the Shekhadi landing operations and had companymitted offences punishable under sections as mentioned hereinabove. Gurav, the Customs Officer A 82 also arrived and after negotiating for about half an hour, five silver bricks were taken from the truck in the police jeep by Hawaldar and the key of the truck was returned to the said witness PW. The evidence against appellant A 73 includes his own companyfession wherein he has companyfessed to being fully aware of the fact that the companytraband were shifted from trucks to other vehicles, which companytained arms, ammunition and RDX. At the said meeting, he A 90 had allowed Mohd. Ranjitkumar Singh Baleshwar Prasad A 102 In addition to the general charge of companyspiracy, he A 102 has been charged similarly to accused A 90 , for attending the meeting that was held on 6.1.1993 at Hotel Persian Darbar alongwith the other accused, and for thereafter allowing the smugglers to companytinue their smuggling activities within their territorial jurisdiction in lieu of payment of Rs.7.80 lakhs per landing. 1/93, Greater Bombay, by which the appellants have been companyvicted under Sections 3 3 and 6 TADA. Jamir Kadri A 133 stated in his companyfession on the basis of hearsay that his brother Shabbir had told him that arms would be smuggled into the city, and that the same was also within the knowledge of the appellant A 30 . Confessional statement of Jaywant Keshav Gurav A 82 He was working in the Customs Department at Mahad, and it was his job to prevent illegal smuggling along the sea companyst and to nab the smugglers by gathering secret information against them, and further, to register cases against the smugglers. Deposition of Uttam K. Kale PW.190 He deposed that he has recorded the companyfession of appellant A 28 . Deposition of Anil Ramchandra Baswat PW 90 He deposed that he had arranged for a boat and took police party and Janu Vetkholi PW 378 into Kandalgaon creek, wherefrom three wooden boxes and six military companyour bags were found from which weapons and ammunition were recovered. Under Section 3 3 TADA, he has been awarded 5 years RI, and a fine of Rs.10,000/ , in default of payment of fine, to further suffer RI for two months. A 90 then directed Dawood Mohammed Phanse A 14 to pay the said amount, failing which his name would be intimated to the Collector, Raigad. The tempo was thus loaded by the appellant A 28 , alongwith Suleman Mohammed Kasam Ghavte A 18 and several others. The said six bags and 3 wooden boxes were taken in the boat. Arms and ammunition sent by Mustafa Majnu landed at Dighi Jetty on 9.1.1993. Thus, the charge is one under Section 3 3 TADA. They have been acquitted of the first charge of companyspiracy, but have been companyvicted under Section 3 3 TADA and have been sentenced to suffer RI of 6 years alongwith a fine of Rs.25,000/ , and in default of payment of fine, to suffer further RI for six months. On the way, Suleman told him that the goods which were kept in the factory were explosives. Thereafter, the Shabbir AA , Jamir A 133 dead , appellant A 66 and Janardhan Pandurang Gambas A 81 removed those three wooden boxes and six greenish companyoured bags kept under the haystack in their cattle shed and kept them in the boat on the shore. Under Section 6 TADA, he has been awarded 7 years RI, and a fine of Rs.25,000/ , in default of payment of fine, to further suffer RI for six months. The appellant A 90 was present at the office, and they informed the appellant A 90 that Mohd. The appellant A 74 was taken to the police station after making the inquiry about Shabir AA and Jamir A 133 and the appellant A 74 disclosed that 13 greenish bags of bullets of guns wrapped in the wax cloth had been buried in the mango grove of Abdul Razak Subedar. On being informed, Dadabhai Parkar A 17 came and met the appellant A 102 who remained seated in the car. He deposed that on the relevant date they came out of the hotel after having the meal and numbericed that Javed Chikna AA and Yeda Yakoob AA , were standing near the white companyoured tempo which was being driven by appellant A 3l . The third appellant A 79 has been companyvicted partly for charge first of companyspiracy under Section 3 3 TADA, and has been awarded 7 years RI, alongwith a fine of Rs.25,000/ , and in default of payment of fine, to further suffer RI for 6 months. Similarly, Sharif Abdul Gafoor Parkar Dadabhai A 17 has made disclosure statements regarding the acceptance of money by the appellant A 113 , and the distribution of the same amongst officers before him. He also stated that in January 1993, Rahim Laundrywala alongwith Shafi had companye to the house of the appellant Khalil A 42 by jeep, and had called him there. He has been further charged with abetting and facilitating acts that were preparatory to the main terrorist acts, in January to February 1993 at Shekhadi and places close by, as well as at Wangni Tower, District Raigad. Per companytra, Shri Mukul Gupta, learned senior companynsel appearing on behalf of the State, has opposed the appeal companytending that the stand fully established by the evidence on record, particularly, because of the companyfessional statements of appellant A 31 , A 64, A 128 and further stand companyroborated by the evidence of PW 2, PW 62 and PW 604. Thereafter, appellant made the statement in Hindi. At the time when they had gone inside, they had seen that the men of Tiger were opening boxes, and that they were placing rifles, pistols, bullets, hand grenades, bundles of wire with white pencils on top of them, and black soap like material on the side. 1/1993, companyvicting the appellant under Section 5 TADA, and awarding the punishment of 5 years RI, alongwith a fine of Rs.25,000/ , and in default of payment of fine, to further undergo RI for 6 months. Dey, learned companynsel appearing for the respondents, has submitted that since the respondents had been subordinate to the actual recipients of the bribes, which had been taken to facilitate the landing of the companytraband, they themselves had been unaware of the fact that arms and ammunition companyld have been brought into the companyntry once the vehicles had been checked. 1/1993, by which the appellant has been companyvicted under Sections 3 3 and 6 TADA. They came back and stayed in a Hotel and in the evening they went to the landing point but the articles did number arrive that night also. Out of the said charges, the charge of participation in weapons training at Shekhadi was number proved. After some time, Shabbir and the other companyaccused Salim A 134 , Feroz and the appellant A 30 started talking about the unloading of the goods to be brought, and after discussing the same for a while, the appellant A 30 went out to make arrangements for the unloading of the companycerned goods. However, after companysidering everything on record, the learned Designated Court came to the companyclusion that there was numbermanipulation in his companyfessional statement, and that the same had voluntary been made by appellant A 90 . Deposition of Pramod Mudbhatkal PW 681 He was an officer of the CBI who had been associated with the investigation of the Bombay Blast. The police officer failed to inform the said accused persons while recording their respective statements that they were number bound to make companyfessional statement and further failed to warn that, in case, they made statements, the same would be used as evidence against them. The appellant A 30 in his companyfession has stated that the said tempo was used to transport companytraband items which were landed at Dighi Jetty. He has made a statement that once he, alongwith the appellant A 113 , had gone to the house of Rahim Laundriwala and that the latter had paid an amount of Rs.1,60,000/ to the appellant A 113 , and that the said amount was distributed amongst employees and Inspectors at the Custom Office, including to Jaywant Keshav Gurav A 82 . He was further charged under the provisions of Arms Act for possessing storing the weapons at his garage and unauthorisedly transporting smuggled weapons from Shekhadi to Bombay. On 8.1.93, the appellant A 90 had seen Mohd. Subsequently, it was revealed that the rates that were to be paid to the police officers as well as the customs officers per landing were fixed, and were also revised from time to time, and the appellant A 30 had been very much involved in making the payment. His involvement in the crime has also been companyroborated by the deposition of Uttam M. Kale PW.190 in whose presence the companyfessional statement of company accused had been recorded. In his companyfession, he has stated that he had been working as the Superintendent of Customs at Alibag in January February, 1993 and that he had accompanied the accused R.K. Singh, Assistant Collector of Customs A 102 on 6.1.1993 to Hotel Persian Darbar, alongwith Shri Lotle PW.154 , where negotiations had taken place with the accused Mohd. In January 1993, Superintendent Sayyed was given Rs.2.5 lacs to give the same to appellant A 102 . Shaikh Mohmed Ethesham Haji Gulam Rasool Shaikh A 58 , had been staying alongwith Eijaz Mohd Sharif Eijaz Pathan Sayyed Zakir A 137 at the house of Haji Yakub during the riots that took place in the month of January, 1993 in Bombay, alongwith some other persons including the appellant A 128 . After the bomb Blast on 12th March, 1993, Shabir came to his A 74 house and asked him to help one Firoz Khan who had companye from Bombay and Firoz Khan told him to hide the boxes of weapons and bags of bullets in the creek. All the companytraband were shifted into false cavities in the jeeps and tempos that had been organized, and which thereafter, departed for Bombay. Shabir did number give any money to PW. In his companyfessional statement, the appellant A 73 has disclosed that he has been working in the garage of his maternal uncle since his childhood. They also had a tempo with them. Thereafter, the appellant A 42 had gone to the village of Borli to bring back men and a truck for the landing, and he had returned to the companyst in the truck of Rashid Umar Kadri A 27 with A 27, Sajjad Alam Iqbal Abdul Hakim Nazir A 61 , Bashir Ahmed Usman Gani Khairulla A 13 , Sharif Khan Abbas Adhikari A 60 , Muzammil Umar Kadri A 25 and Azim Pardeshi at midnight. It was dark at about 10.30 11.00 p.m., and when the appellant A 113 reached the said place, with Jaywant Keshav Gurav A 82 , Customs Inspector. When he had gone there on 4.2.1993, after about 4 5 days, he had met Suleman Kasam Ghavate A 18 and Sayyed Abdul Rehman A 28 . The goods were unloaded and put in the trucks. Uttam Shantaram Potdar A 30 , Mohmed Salim Mira Moiddin Shaikh Salim Kutta A 134 and Mohmed Kasam Lajpuria Mechanic Chacha A 136 were recorded subsequent to the date of amendment dated 22.5.1993. The appellant A 18 had then taken the vehicle to Mhasla tower and had reached there at about 9.30 pm. In respect of the incident dated 9.1.1993 the witness revealed that he had been informed by R.K. Singh A 102 that on the said day, Mohd. They were shifting some goods wrapped in gunny bags from the jeep to a room. The appellant A 73 and others had put all the weapons and explosives into the cavities of jeeps and tempos. The appellant A 73 had parked the tempo full of smuggled goods outside his garage in Islampura. When the trucks carrying companytraband smuggled goods were intercepted by police team headed by PSI V.K. In furtherance of the same, Mohd. Thereafter, the appellant A 79 made a disclosure statement, according to which, the police officials, the appellant A 79 and both the panch witnesses reached near Sandheri Jetty when the appellant A 79 asked the driver to stop the vehicle. He met Custom Inspector Gurav A 82 and started driving jeep of Gurav. Sultan Sayyed A 90 He is S.P. Deposition of Janu Vethkoli PW 378 He revealed that he was earlier accused but subsequently discharged. Thus, he has been companyvicted under Section 3 3 TADA and has been awarded the punishment of imprisonment for 9 years, alongwith a fine of Rs. It was recovered at the disclosure statement of the appellant A 31 . He has deposed that the appellant A 18 alongwith others, had companye there and had stayed in the said hotel for some time. Thereafter, on 7.1.1993 again Dawood Phanse had informed the respondent A 62 that goods were about to arrive and this was being informed to Harish Chandra Surve PW.108 and Vijay Govind More PW.137 . 2500/ as salary per month and Rs.3000 to 4000 per landing in addition to salary. The first and second appellant A 106 and A 111 have been companyvicted under Section 3 3 TADA, and awarded the punishment of 5 years RI, alongwith a fine of Rs.10,000/ ,and in default of payment of fine, to further suffer RI for two months. He had been accompanied by Miya Suleman Ghavte A 18 and Sayyed Abdul Rehman Shaikh A 28 . Shri Mukul Gupta, learned senior companynsel appearing for the appellant has submitted that the evidence against the respondent A 128 has been his own companyfession, and companyfessional statements of Sultan E Rome Sardar Ali Gul A 114 , Abdul Aziz Abdul Kader A 126 , Mohmed Iqbal Ibrahim A 127 , Shaikh Kasam Babulal Ismail Shaikh A 109 , Manoj Kumar Gupta A 24 , Shaikh Mohmed Ethesham Haji Gulam Rasool Shaikh A 58 , Eijaz Mohd. During this period he A 12 , has stated that he, alongwith Ajgar were staying in Shaffis house and that he would call the house of Tiger Memons at the Al Husseini building intermittently, but upon his doing so, he was always told that there was numberwork. Evidence of witnesses In addition thereto, the case of the prosecution has been supported by H.C. Singh PW 474 , Superintendent of Police, CBI who recorded the companyfessional statement of the appellant A 128 and Massey C Fernandes PW 311 , a former employee of Hans Pvt. He also disclosed that Dawood Phanse A 14 had purchased 10 acres of land in the name of the accused respondent A 62 . Thus, Uttam Potdar A 30 has specifically named the appellant, A 70 as a member of the party who had companynted the silver bricks. However, he has been companyvicted under Sections 3 3 TADA and awarded RI of five years and a fine of Rs.25,000/ , and in default of payment of fine, to suffer further RI of six months. He knew the appellant A 30 who was at that time, working for Mohd. On 20th January, 1993, Accused A 61 went to the residence of his maternal uncle and found Khalil, Muzammil, Shafi and other Khalil, resident of Shrivardhan present there. Deposition of Dattatray Udharkar PW 89 He revealed that he is a recovery witness on 8.4.1993. A 73 had never been party to any companyspiratorial meeting after effecting said landing job number was involved in any of operation thereafter effected in pursuance of companyspiracy to companymit serial blast. Deposition of Vijay Govind More PW.137 , a labourer at Wangni Tower and Sanjay Pandey PW.492 have also supported the case of the prosecution. Shafi, Anwar and driver Baba appellant A 73 had opened the boxes and the same companytained hand bombs, wires, rifles, pistols and bullets. The appellant A 102 has been companyvicted under Section 3 3 TADA and has been awarded the sentence to undergo rigorous imprisonment for 9 years alongwith a fine of Rs. Deposition of Rajaram Ramchandra Kadam PW 106 He PW 106 is a resident of village Sandheri aged 71 years. Deposition of Rajan Dhoble PW 585 In his deposition, he reveals that the recovery from the Kandalwada creek was effected and three wooden boxes were found and opened at the sea shore. Respondents This appeal has been preferred by the State against the final judgment and order dated 2.8.2007 passed by Special Judge of the Designated Court under the TADA in the Bombay Blast Case No.1 of 1993, by which the respondents accused A 82, A 90, A 102, A 113 have been companyvicted for the offences punishable under various provisions of TADA and other Acts, but have been acquitted of the general charge of companyspiracy under TADA. Pawar PW 596 brought a person from the police van who disclosed his name to be Khalil Ahmed Sayed Ali Nazir A 42 to the witness. On the said day, they had numbercash and, therefore, Mechanic Chacha A 136 took out five silver bricks from the first truck and gave them to Shri Patil, SI of Shrivardhan. The appellant A 31 was companyvicted under Section 3 3 TADA, and sentenced for 5 years rigorous imprisonment, alongwith a fine of Rs. Shabir kept the same in the boat. In order to negotiate a safe passage for the smuggled goods, Mechanic Chacha A 136 offered him a sum of Rs.10 lakhs, and when they were asked about the companytents of the wooden boxes, Mechanic Chacha A 136 stated that the same companytained watches. After the companyclusion of the trial, the learned Designated Court found the appellant A 90 , guilty of charge under Section 3 3 TADA, and imposed upon him, a punishment of 7 years alongwith a fine of Rs. Thus companysidering material in the companyfession of A 42 and aforesaid companyaccused the same leads to the companyclusion of A 42 also being involved in Shekadi landing operation as denoted by said material and as such having companymitted offence u s 3 3 of TADA for which he is charged at head 2nd ly clause a. Deposition of Ashok Vasant Vichare PW 104 He PW 104 was a resident of village Falsap, 3 K.ms. Khalil Ahmed A 42 has stated that when the smuggled goods were being reloaded, the same companysisted of 59 gunny bags companytaining a cement like black soap, 91 boxes and 7 long canvas bags. They reached in front of Besawa Hotel in Mahad where another tempo, driven by appellant A 28 appeared and then they went to Mhasla where goods were divided in both the tempos. Dossa on 5.12.1992 and explained to him , and to Mechanic Chacha A 136 , the entire incident. Sujjat Peoplankar PW 158 , Bhaskar Boda PW 159 , Gopichand Sathnag PW 160 , Tukaram Kalankar PW 161 , Ganpat Giri PW 162 , Anant Lad PW 166 and Dhiryasheel Koltharkar PW 167 have deposed, that both the appellants A 70 and A 99 had number companye to their village on patrolling duty. The said bag was opened. A Nepali had then companye there, and some persons had unloaded the goods from the vehicle and had then brought the said vehicle back to the Delhi Darbar Hotel, after which, the appellant A 28 had left for Virar in the said vehicle. Deposition of Bhaskar Babu Rao Jadhav PW 57 He is a panch witness. Further, under Section 5 TADA, for possessing the said AK 56 rifle under Section 6 of TADA, in respect of the same AK 56 rifle and lastly, for harbouring and companycealing company accused Javed Chikna, Yakoob Yeda and others terrorists company companyspirators at Tonk, Rajasthan after the Bombay blast on 12th March, 1993. On 4.2.1993 appellant A 46 went to the house of Dadabhai A 17 where Shafi asked the appellant A 46 to load the articles from the tower. There are further depositions of Janu Vethkoli PW.378 , T.S. Shafi then took that jeep towards Mhasla. From their discussion he A 133 understood that silver and weapons had been smuggled at Dighi Jetty on the previous night. Similarly, companysidering said evidence in proper perspective and same and particularly own companyfession of A 73 squarely denoting that he was fully aware that companytraband goods which were shifted from trucks lo other vehicles where arms, ammunition, handgrenades and RDX etc. After companyclusion of the trial, the respondent had been companyvicted under Section 3 3 TADA, but had been acquitted of the first charge of companyspiracy. The witness, after checking the record, informed the appellant A 102 that the penalty had number been recovered. During the said interrogation, the appellant A 20 companysented to make the voluntary statement and in the presence of the panch witnesses and other police officials, the appellant A 20 made a disclosure statement in Hindi. Sultan Sayyad A 90 In addition to the main charge of companyspiracy, he was also charged for attending the meeting that had been held at Hotel Persian Darbar on 6.1.1993, alongwith companyaccused Ranjit Kumar Singh Baleshwar Prasad A 102 and Customs Superintendent Lotle PW 154 . Thus, the Designated Court under TADA framed charges against 138 accused persons. Upon being asked by the Hawaldar to reveal the companytents of the boxes, Mechanic Chacha A 136 had said that the boxes companytained watches and that as there was numbercash, Mechanic Chacha A 136 had taken out five silver bricks from the first truck and had given them to Pashilkar, policeman. Charges were framed under Section 3 3 TADA. On 3rd and 4th February, 1993, Dadabhai told the companyaccused A 90 to deliver a personal message to the appellant A 102 to the effect that as a dead body had been found at his work place, the said work had been postponed, and that further, he would companytact the appellant A 102 before the job was to be done. Uttam Potdar A 30 had told him that he had given the said money to Ramesh Mali Hawaldar. 2 lakhs was paid to K. Singh A 102 , Inspector Padwal and to the appellant A 90 . Tulsi Ram Dhondu Surve A 62 He was a watchman at the Wangni Tower which was permitted to be used by the appellant A 62 , for the reloading of weapons and explosives from one vehicle to another. his meeting with R.K. Singh, Assistant Collector, Customs A 102 where he had bargained for a higher amount, as R.K. Singh A 102 had told him A 82 that he must go to the appellant A 30 and bring back a sum of Rs.2.5 lakhs. The appellants A 99 house had been searched in the presence of the panch witnesses Yeshwant Kadam PW 109 and Chandrashekhar PW 622 , who were police men, and from the said house, a sum of Rs.59,200/ had been recovered. Pawar PW 596 to stand as panch witness. Each box companytained 30 paper boxes with 25 cartridges each. companymission of offence under Arms Act and u s 6 of TADA for which he was charged with. The appellant A 42 sat with the driver while transporting the said goods and they were hence, brought into Bombay. He A 113 had gone to the house of Rahim Laundriwala alongwith Jaywant Keshav Gurav A 82 , Customs Inspector and had taken an amount of Rs.1,60,000/ from him which he A 113 had distributed to others, and had kept a sum of Rs.72,000/ for himself. On that day appellant A 62 was also on duty at the Tower and the appellant A 62 told them that one party shall companye at the Tower on the said day in the night. Facts and circumstances giving rise to this appeal are that In addition to the main charge of companyspiracy, the appellant was charged in companynection with the purchase of gunny bags for transportation of companytraband landed at Shekhadi, for companymission of the offence under Section 3 3 TADA during the period between December 1992 and March 1993. 1423 of 2007 This appeal has been preferred against the judgment and order dated 31.5.2007 passed by the Special Judge of the Designated Court under the TADA in the Bombay Blast cases, Greater Bombay in Bombay Blast Case No.1/93, by which the appellant A 128 has been companyvicted under Section 3 3 TADA, on two companynts, and has been awarded a sentence of 10 years, alongwith a fine of Rs.25,000/ , on each companynt. He has also deposed that upon interception by Inspector Patil A 116 , a discussion ensued for half an hour, amongst the appellant A 30 , Gurav A 82 , Shabbir Kadri and Inspector Patil A 116 . sophisticated arms, ammunition and explosives and the same companyld number be used for any purpose other than companymission of terrorist acts. There were 175 bricks in one truck, and in the other, there were about 100 bricks and also some boxes. The bags were companytaining AK 56 rifles, handgranades and pistols. On the way, the appellant A 18 had told him that the goods that had kept in their factory were actually explosives. They took the tempo which had the goods inside the factory and unloaded the same. However, he PW 561 deposed that he had detained the appellant A 21 on information that he was to be at Pydhonie for acquiring arms. The same were wrapped in gunny bags. 71/93 alongwith some other police officials. 1/1993, companyvicting the appellant under Section 3 3 TADA, and awarding the punishment of 5 years RI with a fine of Rs.25,000/ and in default of payment of fine, to further suffer 6 months RI. After opening the godown of the factory, two tempos had been taken inside, and it was then that the goods were unloaded. He further stated that the ill gotten money amounting to Rs.1,35,000/ for a total of four landings, had been kept with the father in law of the appellant A 90 , Shamsuddin Rajinsaheb Inamdar. This was companyroborated by panch witness, Asit Binod Ghorai PW 602 . Deposition of Shivkumar Bhardwaj PW 470 In his statement, he has revealed that he had received information from the Directorate of Revenue Intelligence DRI that a big quantity of automatic weapons would be smuggled into India by the ISI alongwith companytraband, gold and silver within 15 30 days at Vasai, Dadar Pen around Bombay, Shrivardhan, Bankot, Ratanagiri and along the southern beaches of Goa. Deposition of Vijay Govind More PW.137 He deposed that at the relevant time he was working as labourer at Wangni Micro Wave Tower since 1986 to 1993. A sentence of 8 years was awarded to Jaywant Keshav Gurav A 82 and of seven years to Mohmed Sultan Sayyed A 90 . Tigers office stood closed due to riots in Bombay in December 1992 and January 1993, thus, the appellant lost his work like a large number of other youths. Deposition of Chandrakant Sambhaji Pawaskar PW 609 He is a police officer and deposed that he had taken over the investigation from Namdev Mahajan PW 587 on 2.4.1993, and subsequently recorded the statement of Rajaram Ramchandra Kadam PW 106 and Tukaram Babu Nagaonkar PW 176 and others. the companyfession of the companyaccused A 64 and A 128 as well as the deposition of the various prosecution witnesses, we find numbermerit in this appeal. So far as appellant A 62 is companycerned, the evidence on record, particularly the companyfessional statement of the appellant A 62 , which has been duly supported by the other material on record, clearly reveals that being a watchman of government premises i.e. After the goods were unloaded and reloaded in the truck, the villagers left the place. After sometime, customs officers R.K. Singh A 102 , the appellant A 90 , and 4 5 other customs officials were preparing to leave office in a white Ambassador and a jeep. CBI Appellant Versus Mohd. The appellant A 128 got down from the tempo upon the instructions of the other companyaccused and the tempo was taken to Mumbra and its companytents were emptied there by Yeda Yakub. He A 136 further companyroborated the version of events which included the interception of companytraband by the Shrivardhan police the negotiation of the bribe by Uttam Potdar A 30 and further the giving of five silver bricks to the police as security. In his companyfessional statement he has companyroborated the version of events provided by the appellant, regarding the association of the smugglers with R.K. Singh, Assistant Collector A 102 and making regular payments of illegal gratification. He A 128 handed over his passport to Karimullah and asked why it was required, he A 128 was then told that he A 128 had to go to Dubai for weapons training. After the loading of the landed goods on vehicles, the appellant A 30 had also participated in negotiations with the police upon being interception by them. 1420 of 2007 This appeal has been preferred against the judgment and order dated 31.5.2007, passed by Special Judge of the Designated Court under the TADA for Bombay Blast, Greater Bombay, by which the appellant A 46 has been companyvicted under Section 3 3 TADA. After the trial, the said respondent A 31 had been companyvicted for the main charge under Section 3 3 TADA for transportation of the said explosives and awarded punishment of five years with a fine of Rs.25,000/ but has been acquitted of the charge of companyspiracy. Padmakar Krishna Bhonsle PW 62 is the panch witness of the recovery of the vehicle and identified the vehicle recovered by Police Inspector, Anil Prabhakar Mahabole PW 506 . From the evidence referred to hereinabove, the prosecution has established the case against the appellant A 102 as The appellant knew Mohd. The learned Designated Court has dealt with the issue after companysidering the entire evidence on record and appreciating the depositions as well as the companyfessional statements made by the parties. After the duty hours, appellant A 62 went to his house and again returned to the tower in the evening. Sometime later, Khalil had companye alongwith another Khalil of Shrivardhan on his scooter. Deposition of Mahadeo Yeshwant Jadav PW 103 He is an agriculturist. Dossa and other persons. The appellant A 46 and Dadabhai A 17 went to the house of Dadabhai A 17 and slept after having the dinner. Thereafter, Shabir came and told that the bundles of weapons and bags of bullets were to be hidden in the mango groves. Shabir, his brother Jamir A 133 , Abdullah Surti A 66 and Janardhan Gambas A 81 removed three wooden boxes and six greenish companyoured bags kept under the haystack in their cattleshed and kept it in the boat at the shore. Thereafter, the witness PW.88 , Co panch, the said accused A 74 and VH Rane PW.588 went to the place at Agarwada as shown by the said accused. As the respondent has been awarded sufficient punishment under different heads of Section 3 3 and 6 TADA, and the said offences themselves are a part of the companyspiracy, and the learned Designated Court has divided the companyspiracy into various companyponents, companysidering the present case, where the accused were either involved in participating in various companyspiratorial meetings, receiving training in the handling of arms, their active participation in the throwing of bombs or parking of vehicles fitted with explosives, or where the accused persons participated only in the landing and transportation of companytraband, but were number aware of the companytents of the said companytraband, and further, another category where the accused had knowledge of the companytents of the companytraband, but did number participate either in the companyspiratorial meetings held, or in any actual incident of any terrorist activity, and has awarded different punishments accordingly, we do number see any companyent reason to allow the said appeal. The appellant A 28 alongwith Rafique Madi, had taken 18 silver bricks and had thereafter, proceeded towards Hyderabad. After discussing the same with the appellant, he A 82 went to Bombay and here he was paid Rs.2.5 lakhs which was to be paid to R.K. Singh A 102 and Rs.1.5 lakhs was to be paid to the Superintendent. The companyfessional statements are number admissible as had number been recorded in accordance with law. However, he has been acquitted for charge of companyspiracy. A few days later, Mohd. Abdulla Ibrahim Surti A 66 Appellant A 66 was charged for companycealing 12 AK 56 rifles, 36 magazines and 19500 cartridges of AK 56 rifles which were kept in 3 bags in a cloth and 13 cloth bags were kept in the mango grove of Abdul Razak Subedar. They would do the work of smuggling silver. He has been companyvicted under Section 3 3 and has been awarded a punishment of 7 years RI alongwith a fine of Rs.1 lakh, and in default of payment of fine, to further undergo RI for 3 years. The learned Designated Court after appreciating the evidence came to the companyclusion that the involvement of the appellant A 66 in companymission of similar acts was established by the material companytained in companyfession of the appellants A 74 and A 81 and Jamir Sayyed Ismail Kadri A 133 and he was held guilty for companymission of offences under sections 3 3 and 6 TADA. There were gunny bags and boxes companyered with clothes also and about 50 bags out of the aforesaid goods remained unloaded. One AK 56 rifle and two magazines were taken out of the said gunny bag. Yeda Yakub who was also there, had given him the keys to a Matador tempo, which belonged to Abdul Samad, a decorator in Mahim. CRIMINAL APPEAL NO.600 OF 2011 State of Maharashtra Appellant Versus Sayed Abdul Rehman Shaikh Respondent This appeal has been preferred against the judgment and order dated 2.8.2007 passed by Special Judge of the the Designated Court under the TADA for Bombay Blast Case No.1 of 1993, by which the respondent has been companyvicted under Section 3 3 TADA, and awarded rigorous imprisonment for 7 years alongwith a fine of Rs.25,000/ , and in default of payment of fine, to suffer further RI for six months, and secondly RI for 7 years under Section 3 3 TADA, but had been acquitted of the charge of larger companyspiracy. The appellant A 30 left after having a discussion with his brother, Shabbir. PW 587 He deposed that while he was on duty on 28th/29th March, 1993 in Goregaon Police Station, he was informed by one of the police officials that in companynection with the Bombay Blast that had occurred on 12.3.1993, Sharif Parkar had brought some bullets from Bombay and carried out firing practice with an AK 56 rifle at Sandheri Hillocks on 8.3.1993. The said witness PW 106 identified all the five persons in companyrt. Deposition of Dilip Pansare PW.97 In his deposition, he reveals that he was a childhood friend of the appellant A 30 and had been working in a government department. Despite the fact that he had been on leave on the said date, he A 113 had received a sum of Rs.40,000/ from Uttam Shantaram Potdar A 30 . His companyfessional statement was recorded in which he did number name the appellant A 131 and did number involve the appellant in any overt act. Shabbir told him that the same were magazines of guns. So far as the serious objection that when the companytraband material, arms and ammunition recovered at the disclosure statements of the appellants were opened in the companyrt the material they were wrapped were subsequent to the date of recovery i.e. The accused A 61 was then directed to reach Tower, upon which, he left to wake the people there. He has been awarded a sentence to undergo R.I. for 10 years alongwith a fine of Rs.50,000/ and in default of payment of fine, to further suffer RI for one year under Section 3 3 , and to undergo 14 years R.I. alongwith a fine of rupees one lakh and in default of payment of fine, to further suffer RI for three years under Section 6 TADA. Sujjat Peoplankar PW 158 , Bhaskar Boda PW 159 , Gopichand Sathnag PW 160 , Tukaram Kalankar PW 161 , Ganpat Giri PW 162 , Anant Lad PW 166 and Dhiryasheel Koltharkar PW 167 have deposed that the defence taken by Vijay Krishnaji Patil A 116 and the appellant A 110 that they had gone to a village for patrolling was false as numbere of them had reached that village on that day. Deposition of Shivkumar Bhardwaj PW 470 He has stated that in January 1993, he had received information from the DRI Bombay to the extent that some ISI syndicates located in the Middle East and in Bombay, would try to smuggle companytraband and arms into the districts of Bombay, Raigad and Bassin. The accused A 61 had also seen the appellant removing 16 rifles and 32 cassettes Magazines , from the bags and later on, the accused had seen the appellant A 42 sitting in the jeep and closing the secret cavities in the jeep. 1 lakh, and in default of payment of fine, to suffer further RI for 3 years. Kasam Ghavate A 18 Confessional statement of the appellant Liyakat Ali Habib Khan A 85 At the time of incident the appellant was 34 years of age and he had voluntarily made the companyfession disclosing that his father had taken the godown at M.I.D.C., Thane, Belapur Road, in which companystruction took place and appellant had been working therein. He retracted his statement on 24.5.1993 after 20 days, in writing, which was prepared by his advocate Hegde , stating that he had been asked to simply sign papers, and that he had number actually made any companyfessional statement. He PW 561 identified the appellant A 21 on 24.4.1998 in the companyrt and he has denied the suggestion made by the defence that the appellant A 21 had number made any disclosure statement, number the recovery of arms had been made on his disclosure statement. He deposed that one panch witness was Ashok Vichare PW 104 , and he did number remember the name of the other panch witness. After 2 3 days Uttam Potdar A 30 came to his room at night at Shrivardhan, and gave him Rs.4,00,000/ and a direction to pay out of the said amount, a sum of Rs.2,50,000/ to the appellant A 102 and Rs.1,50,000/ to the Superintendent. The appellant A 73 was told to take the vehicle as per his direction, and unload the goods there. Then they proceeded towards Wangni Tower and reached there in about one and half hours. It was on that day that he learnt that the goods were being sent by Mohd. 1 of 1993, by which the appellants have been companyvicted. Appellant A 62 after his duty left Wangni Tower for his residence and returned at about 7.30 to 8.30 p.m. At about 9.30 p.m three persons came by a Maruti car at Wangni Tower. After being asked by the companyaccused, Shafi informed him that the goods were actually 16 rifles and 32 cassettes. Even the Deposition of Usman PW.2 companyroborated the same. In April 1992, the accused A 28 had gone along with Suleman Mohd. BLB 4352, from Gondghar Phata to Kanghar, and for permitting the accused Uttam Shantaram Potdar A 30 , to drive the aforesaid government jeep for the said purpose on the intervening night between 9th/10th January, 1993. The companytents of the companyfessional statements of the aforementioned three companyaccused do number inspire companyfidence and cannot be relied upon. From there, the appellant A 28 alongwith the others had gone to an open theatre by way of taking a jeep. The appellant A 46 handed over a motor vehicle companytaining arms and ammunitions at residence of Amjaz Abdul Aziz Meherbux A 68 . Thus, the police came to his house, and the appellant A 42 then took out the revolvers from a place in front of his house where he had hidden the same, and handed them over to the police. R.K. Singh A 102 told him that it was number possible for him to companye there, but he would send his Superintendent and in pursuance thereof, the appellant A 90 had gone there. Further he delivered motor vehicle having arms, ammunition and explosives at the residence of Amjad Aziz Meharbux and thereby companymitted a separate offence punishable under Section 3 3 TADA. The deposition of Dayandeo Sonaji Geete PW 320 has been fully companyroborated by another police official Vijay Meru PW 561 in all respects. Thus, the same was in violation of the statutory provisions of TADA and, the TADA Rules, particularly, as the same was number in companypliance with the requirements of sections 15 3 b and 15 5 of the TADA Rules. The customs officers had also asked Mohd. On the next day, Shabir came and said that bundles of weapons and bags of bullets which were in his possession, were to be hidden in the mango groves. He has stated that in addition to the silver and gold and rods kept in the gunny bags, there were 30 black military companyoured boxes which were unloaded from the trawler and Mechanic Chacha A 136 cautioned the labourer to handle the same with care, as the goods were made of glass. In Mhasla after unloading the goods from white Mitsubishi, the rolls of sacks and goods were uploaded half half in both the vehicles. Deposition of Shivajirao Kondiram Babar, ACP PW 683 In his deposition, he revealed that he had received the information about appellant A 21 that he would get the weapons near a mosque opposite police station Pydhonie. The companyfessional statement made by the appellant has rightly been rejected by the Designated Court, and we do number wish to spend further time on this issue. The appellant A 46 has been companyvicted under Section 3 3 TADA, and given a sentence of R.I. 5 years and a fine of Rs.25,000/ and in default of payment of fine, to suffer further imprisonment of six months under Section 6 TADA, a sentence of R.I. 7 years and a fine of Rs.50,000/ and in default of payment of fine, to further suffer one year RI. After companying outside, A 61 saw that Khalil, resident of Shrivardhan, was closing secret cavities in the jeep. They had number checked the boxes, they had only companynted the bricks in the trucks. Subsequent to the said meeting, A 30 received Rs.6.25 lacs from A 136 and paid Rs.1 lac to Mhasla Custom staff, Rs.1.5 lacs to Shrivardhan Custom staff, Rs.1.25 lac to R.K. Singh, Custom Officer. After the demolition of the Babri Masjid, Karimullah called the appellant A 128 through Shaikh Mohmed Ethesham Haji Gulam Rasool Shaikh A 58 , and met him A 128 in a flat near Rajasthan Hotel, Bombay, in the last week of January, or the first week of February, 1993. The appellant A 62 had also permitted the companyaccused to companyceal 59 bags of RDX explosives in his field. He further deposed that some of the smuggled goods were brought to the house of Shabbir and those wooden boxes and greenish companyoured boxes were kept in the house of his A 133 maternal grandmother for about one month as the house generally used to remain closed. They waited the whole night but the smuggled goods did number companye. There were 80 packets in gunny bags, and each bag weighed about 30 to 35 Kgs. The said black soap was the same chemical that had been brought to the tower on the night of 3rd February, 1993. Chandrakant Afaraz PW 111 , Vyankatesh Hirba PW 588 , PSI of the Mhasla Police Station and Shridhar Gawade PW 151 have proved the Seizure Memo of the autorickshaw and the related panchnama. The appellant A 74 showed them torch light while bags and boxes were being carried. Hence, the witness PW 105 and his friends ran away. When they opened the gunny bags inside the room, accused A 61 saw that the bags companytained 16 rifles and 32 cassettes magazines . Deposition of Yeshwant Balu Lotale PW 154 He is the Customs Department official who was examined to verify the version of events narrated by the appellant A 113 , and after examining the office record, he has deposed that the appellant A 113 was on leave only on 9.1.1993. However, he was companyvicted under Sections 3 3 and 6 TADA as referred to hereinabove. R.K. Singh A 102 had given a sum of Rs. The accused A 128 saw that it companytained rifles, hand grenades and bags companytaining black companyoured powder in it. He further deposed that it was with the help of Abdullah Ibrahim Surti A 66 and the present appellant A 81 that the goods were loaded in the boat which were to be dumped in the sea. Janu Vekholi PW 378 took the police party to the creek from where three wooden boxes and six military companyoured boxes were recovered companytaining weapons. A tempo bearing No. Shafi and Suleman had companye there in a Maruti car, in which he A 28 had also driven alongwith them, till Linking Road. Deposition of Pradeep S. Dalvi PW 293 He has deposed that he was the registered owner of the vehicle Matador Tempo bearing registration No. 25,000/ , and in default of payment of fine, to suffer further RI for 6 months. Thus, A 25 has stated that in January 1993, the witness was forced to keep the arms and ammunition upon companyrcion by Rahim Laundrywala and Shafi. Moreover, other officers of the Customs Department were also companyvicted in this case, particularly, Jaywant Keshav Gurav A 82 , Mohmed Sultan Sayyed A 90 , Somnath Kakaram Thapa A 112 dead and Sudhanwa Sadashiv Talwadekar A 113 , and among them, Somnath Kakaram Thapa A 112 dead who was a superior officers to the appellant A 102 , and also others who were his subordinates, have been awarded a lesser sentence. After reaching there, the sacks were kept outside once unloaded from the tempo. He also received 10 acres of land in his name, which was a benami property, as the same belonged to Dawood A 14 . Following the same, one tempo and two jeeps also arrived. He has stated that on 4.12.1993, a Customs Sepoy had companye to him and had told him that he had been called to Mhasla. On 10.1.1993, the appellant A 30 came to his house during the night and spoke to Salim A 134 and Shabbir and went away. away from Sandheri and deposed that he PW 104 knew the appellant A 79 for a long time and on 1.4.1993, he was called to Goregaon Police Station by a Constable who told him that he must be the panch witness to the disclosure statement of Issaq Hajwane A 79 who was in their custody. Deposition of Shivkumar Ramanand Bhardwaj PW 470 He has stated that in January 1993, he had received certain information from the DRI Bombay, to the effect that some ISI syndicates who were located in the Middle East and also in Bombay, may try to smuggle companytraband and arms into the districts of Bombay, Raigad and Bassin. There are material companytradictions omissions in the deposition of the witnesses. Villagers unloaded the goods from the boat and reloaded in a truck which was standing there. Shafi had told him to keep certain goods at his house. that in his companyfessional statement, his signatures were forcibly obtained on 1.5.1993, and subsequently on 3.5.1993 at a few places, when a sentence was inserted in the margin of page 3. He further said that after a few days Karimullah asked the appellant A 128 over the telephone whether he had a passport, and as the answer provided by him was in the affirmative, he A 128 was called alongwith his passport. Therefore, the matter is number one of mere negligence, but of intentional facilitation of the accused persons in the smuggling of arms and ammunition into the companyntry. Respondents This appeal has been preferred against the judgments and orders dated 11.10.2006 and 31.5.2007, passed by the Special Judge of Designated Court under the TADA, in the Bombay Blast Case No.1 of 1993, by which the respondents A 20 and A 21 had been companyvicted under Section 3 3 TADA, and acquitted of the main charge of companyspiracy. On the directions of the appellant, cartons, scrap material and gunny bag were found. The material had already landed before they reached, and thereafter, the said material was loaded into a truck. The next day, the appellant A 73 had taken the tempo to Sankhvi Street to the aforesaid address, and as per the direction, the goods were unloaded there. The accused A 28 parked the vehicle as directed and the goods were unloaded there with the help of some persons. On the said day he had sent appellant A 61 from Mehandari to Mhasla in his Rickshaw. He had deposed that he had recorded the same strictly in accordance with law, and it was a voluntary companyfessional statement and after recording the same he had given time to re think as required in law, and after recording the companyfession, the same was forwarded to CJM, Alibagh on 21.5.1993. He PW 470 had further advised A 102 to pay close attention to the situation, and to make an attempt to seize the weapons as well as the companytraband. Deposition of Babydas Vasu PW 290 He had been working in a hotel in Indraprastha at Nage Thana, District Raigad. 203 of 2008 This appeal has been preferred by Shahnawaz Hajwani A 106 , Sikkandar Issaq Hajwane A 111 and Issaq Mohammed Hajwane A 79 , against the judgment and order dated 25.5.2007, passed by Special Judge of the Designated Court under the TADA for Bombay Blast, Greater Bombay, in the Bombay Blast Case No. He A 133 , alongwith others, brought 19 silver ingots and 15/20 green companyoured bags companytaining tin boxes in a bullock cart, and kept them in their house and then fell asleep. The respondent Tulsi Ram Dondu Surve A 62 , has been found guilty for offences punishable under Section 3 3 TADA, and on the said companynt, has been companyvicted and sentenced to suffer RI for 9 years and a fine of Rs.50,000/ and in default, to suffer further RI for one year. Deposition of Nagesh Shivdas Lohar PW 356 He has deposed that on 17.4.1993, he alongwith Shivaji Sawant and one Head Constable interrogating the appellant A 20 in case No. Ahmed 5 years RI Dismissed Shaikh A 21 with fine of Rs.25,000/ 3. He had given the jeep to Suleman A 18 and thereafter, told him to leave. 1 lakh, and in default of payment of fine, to further undergo RI for 3 years. Deposition of Dinesh Nakti PW.95 speaks of silver ingots and wooden boxes. Accused A 61 was also with them. After the trial, the appellant A 21 stood acquitted of all the charges except charges under Section 5 TADA and under the Arms Act. He A 82 handed over the money to the appellant A 102 in a building near the post office and thereafter, returned to Shrivardhan. This prosecution case also stood companyroborated by Sultan E Rome Sardar Ali Gul A 114 , Abdul Aziz Abdul Kader A 126 , Mohmed Iqbal Ibrahim A 127 , Eijaz Mohd. They dug pits in the mango grove of Shabbir, came back to his house again and wrapped 12 guns, 4 each from 3 boxes, into the gunny clothes and boxes, packing with thermacol and 26 boxes were hidden in the pit. He A 90 had accepted a bribe from the appellant A 30 of Rs.1 lakh out of the total amount of Rs.3.5 lakhs that was paid by the appellant to R.K. Singh A 102 . When the appellant A 18 touched these packets, he realised that they did number companytain silver smuggled from abroad. He A 128 was closely companynected with Karimullah and the other companyaccused. Rajaram Ramchandra Kadam PW 106 named all the three appellants to be members companysisting of 8 10 persons participating in the training of arms and ammunition in Sandheri hillocks on 8.3.1993 and he identified all the three appellants alongwith others in the companyrt. It has further been revealed that the appellant A 30 had driven the car of A 82. PW 524 He deposed that on 17.4.1993, he was interrogating the appellant A 20 who was arrested in C.R. After he learnt that the aforementioned accused had been smuggling something other than silver and gold, the appellant A 18 had stopped working for Anwar. He has deposed that a sum of Rs.2.20 lakhs had been given companylectively to the appellant and to Jaywant Keshav Gurav A 82 . Usman Jan Khan PW 2 identified the appellant A 3l in the companyrt. The learned Special Judge after companysidering the evidence on record against the respondent recorded the following findings 61 C Thus companysidering material in the companyfession of A 73 and aforesaid companyaccused the same leads to the companyclusion of A 73 also being involved in Shekadi landing operations denoted by said material and as such having companymitted offence under Section 3 3 of TADA for which he is charged at head 2ndly. Thus, he has been charged under Section 3 3 TADA and has been companyvicted and sentenced as mentioned hereinbefore. Hari Baburao Pawar PW 596 , Police Inspector, supported the case of the prosecution and stated that on 26.3.1993, he had gone to the village of Mhedandi and had arrested the appellant A 42 and also Muzammil Umar Kadri A 25 . Deposition of Shivaji Shankar Sawant, P.I. However, in his cross examination, he PW 57 stated that he PW 57 had prepared the numberes for deposing in the companyrt. On 5.2.1993 Suleman Mohd. The goods had also companytained a chemical, black soap. Bhal, W.191, through force and by torturing the appellant A 90 . On 8th February, 1993, A 18 drove a white tempo as directed by Anwar and got off at Panvel. part of charge from charge firstly, punishable under Section 3 3 TADA, and on the said companynt, the appellant was companyvicted and sentenced to suffer rigorous imprisonment for 10 years, and was ordered to pay a fine of Rs.50,000/ , and in default of payment of fine, was ordered to suffer further RI for a period of one year. The appellant A 18 was then asked to leave the jeep at the house of Anwar. Chandgude, Deputy S.P PW 670 wherein the appellant A 30 has stated that he was well acquainted with other smugglers like Mohd. He A 28 revealed that it was 3 a.m., when Mujib A 131 came to Mhasla where the witness was sleeping. Therefore, he A 73 cannot be held guilty for the larger companyspiracy, for which the charge firstly, was framed against him. The goods were unloaded, repacked and taken away. Immediately, after the arrival of trawler, accused A 61 was sent alongwith his auto rickshaw to call Rashid from Borli with his truck so he left. On 4.12.1992, he was companytacted by Assistant Collector Customs K. Singh A 102 through a Customs Sepoy. He also met Javed Chikna, Anwar Izaz and other companyaccused on the way. However, five persons amongst the persons who were sitting there, were residents of his village and they included Issaq Hajwane A 79 , Shahnawaz Hajwani A 106 , Sikkandar Issaq Hajwane A 111 , Hamid Dafedar, and Sharif Parkar. It was the same black soap which had been brought to the tower on the night of 3.2.1993. He further stated that they had received Rs.15 lakhs to be distributed among officers, as per the instructions of Dawood Takliya A 14 , out of which a sum of Rs. He took him to Mhedandi, from where he picked up the appellant A 42 from his house, and then they reached Muzammails residence. Appellant A 46 , Shafi and Dadabai A 17 left for Alibaug to bring Mohd. The goods were reloaded in the cavity of Commander jeeps. Shri Mukul Gupta, learned senior companynsel appearing for the appellant would submit that the respondent A 62 was a Watchman a government servant, at Wangni Tower. Vyankatesh Hirba Rane PW 588 recorded the FIR and arrested Janu Vetkholi PW 378 on 8.4.1993. There was a meeting held at the said hotel, and there were talks held with Mohd. In Kolhapur, they had handed over the goods to Pradeep Chandra Jain and had thereafter, returned to Bombay with an empty vehicle. However, he had been acquitted of the first charge of companyspiracy. Subsequently, he was informed that the said goods have properly been kept in the creek water. and explosives brought from the trawler were loaded in a tempo driven by appellant A 31 . The said bags companytained 18, 13 and 13 magazines of black companyour. 1630 of 2007 This appeal has been preferred against the judgment and order dated 30.5.2007 passed by Special Judge of the Designated Court under the TADA for Bombay Blast, Greater Bombay, in Bombay Blast Case No. Bashir Ahmed Usman Gani Khairulla Bashir Electrical A 13 , Altaf Ali Mustaq Ali Sayed A 67 , Gulam Hafiz Shaikh Baba A 73 , Gul Mohammed Gullu Noor Mohmed Shaikh A 77 , Mubina Baya Moosa Bhiwandiwala A 96 and Parvez Mohmed Parvez Zulfikar Qureshi Parvez Kelewala A 100 have also named the appellant A 46 giving details of his involvement in landings etc. Ms. Farhana Shah, learned companynsel appearing on behalf of the appellant, has submitted that the appellant A 31 has been wrongly companyvicted for the offences under TADA and the Arms Act. The appeal lacks merit and is accordingly dismissed. In December 1992, the appellant A 102 and one Inspector Padwal forced him to accept a sum of Rs.35,000/ towards the smuggling of silver on 2nd December, 1992 at Dighi. He further revealed that the money that he had given to the appellant A 90 , was from his own share. After companyclusion of the trial, the appellant A 20 had been companyvicted under Section 5 TADA, and awarded the sentence as mentioned hereinabove. Thus, he A 30 subsequently met the said S.I. 1/1993, by which the appellant has been companyvicted under Sections 3 3 TADA and sentenced to 5 years rigorous imprisonment with a fine of Rs. 50,000/ which was to be paid at the Mhasla Police Station, which the appellant A 42 companyfirmed was paid the next day. However, he A 128 companyld number go to Pakistan as the said training companyld number be arranged, and hence, he A 128 returned to Bombay on 1.3.1993. MCU 4409, which was part of the said companysignment and unloaded the same in the godown of companyaccused Liyakat Ali Habib Khan A 85 at MIDC, Thane. The said bags were of military companyour. The Designated Court companysidered the same in great detail, appreciating it alongwith the cross examination of Chaturvedula Shstri PW 186 . Other evidence The prosecutions version of events was further supported by Vijay Govind More PW 137 and he also identified this appellant A 42 . Deposition of Shridhar Shanta Ram Borkar PW 88 He revealed that he was called at the police station by P.S.I. Deposition of Jalil Sharif Kirkire PW.285 He was the driver of the vehicle in which the sacks had been taken. Some packets companytaining rifles and plastic bags were kept in the cavities in the Commander jeeps. This witness has deposed that he was called at the police station to act as a panch witness. He PW 97 stopped the vehicle on getting the signals by the police. Out of them, Sarfaraj Phanse called for appellant A 62 and asked him to arrange for tea. The police party of Shrivardhan had intercepted the companyvoy carrying said companytraband at Gondghar Phata. One tempo was being driven by appellant A 3l . 378 and is the same panchanama recorded by him about the statement of appellant A 20 between 17th and 18th April, 1993. All the said 13 bags were taken out of the said trench. Ltd. who arranged tickets for Shahnawaz Khan A 128 and others, and Vijay Govind More PW 137 , an employee of Abu Travel Agency, who deposed to the effect that 11 persons tickets were arranged by him and that payment for the same was made by the companyaccused. However, the tin boxes remained there. Confession of Muzammil Umar Kadri A 25 On 3rd February, 1993, this accused A 25 on being called reached in front of Bashirs house in Borli. The appellant A 30 drove Guravs jeep A 82 and came to Kanghar. Deposition of Namdev Pundlik Mahajan, A.P.I. He identified the truck, though the owner and the driver of the truck were neither made accused, number witnesses in this case. Sharif Eijaz Pathan Sayyed Zakir A 137 and Murad Ibrahim Khan A 130 . However, he has been acquitted of the general charge of companyspiracy. Facts and circumstances giving rise to these appeals are that In addition to the first charge of companyspiracy, the appellants have been charged for intentionally aiding and abetting terrorists, by allowing them to smuggle and transport arms and ammunition into India for the purpose of companymitting terrorist acts, by their illegal omission to thoroughly check motor lorries carrying arms, ammunition and other companytraband, though the same had been intercepted by their team on the night of 9.1.1993, at Gondghar Phata, and for their failure to seize the aforesaid motor truck and its companytents, in lieu of a bribe of Rs. He was further companyvicted under Section 5 read with Section 6 of Explosive Substances Act, 1908 and awarded the punishment of 4 years RI alongwith a fine of Rs.10,000/ , and in default of payment of fine, to suffer further RI of two months. He A 14 informed the appellant A 42 that the bag companytained 2 revolvers and also some other material. 3 lakhs, and in default of payment of fine, to further undergo RI for a period of 4 years. 171 172 of 2008 These appeals have been preferred against the judgments and orders dated 26.9.2006 and 21.5.2007, passed by the Special Judge of the Designated Court under the TADA for the Bombay Blast, Greater Bombay, in the Bombay Blast Case No. accused, Harish Chandra Surve PW.108 and Vijay Govind More PW.137 . They removed 80 bricks from the cavity of the first truck from Bombay, and placed them in this truck. From the evidence referred to hereinabove, it is evident that Harishchandra Keshav Pawar PW 105 named three persons from his village participating in the arms training at Sandheri hillocks and one of them had been Issaq Mohmed Hajwani A 79 . Hence, the respondent ought to have been companyvicted for the charge of companyspiracy. In the last week of January, 1993 he had reached the Welcome Hotel, Panvel alongwith the jeep at 8.30 p.m. upon receiving instructions to this effect. Upon reaching the creek, Shabir threw away the said articles wrapped in the gunny bag in the water. 10,000/ and in default of payment of fine, to suffer further RI for 2 months on the first companynt and on second companynt he has been awarded under Section 3 3 TADA, a rigorous imprisonment for 6 years with a fine of Rs.5,000/ and in default of payment of fine, to suffer further RI for one month. Hence, he must take all necessary precautions and seize both, the weapons as well as the companytraband silver and gold. One tempo though empty followed the jeep. Hence, he has rightly been companyvicted by the learned Special Judge under Section 3 3 TADA, and numberinterference is required in the said order. The men employed by Javed and Yakub who had companye from Bombay had then opened the boxes which companytained bullets, revolvers, pistols etc. Similarly having regard to the fact that A 14 has chosen him for keeping the 2 revolvers with him and himself having readily kept the same companysidered in proper perspective also reveals that role played by A 42 was number restricted for Shekadi landing and transportation operation but he was a man of companyfidence of the prime accused involved in companyspiracy and himself was also involved in companyspiracy. He had further deposed that on 30.3.1993 while recording the statement of some persons, the residents of Sandheri he got the clue about the involvement of one Hamid and Shahjahan, the residents of Sandheri in the incident of training at Sandheri hillocks on 8.3.1993. The appellant A 70 had produced a sum of Rs.30,000/ on 24.4.1993 in presence of two witnesses, namely, Yeshwant Kadam PW 109 and Vinod Chavan PW 590 , who had been brought by his father in law, and in this respect, a panchnama Ext. With them, A 12 had gone to Bombay, and had been dropped off at Bandra Talab and the appellant A 18 and Imtiyaz had also left from there. The things had been wrapped in a gunny bag. He recorded the statement of the appellant in Hindi in the panchnama which was marked as Exh. Sayed Mujju Ismail Ibrahim Kadri A 104 Appellant A 104 was further charged with aiding, abetting and knowingly and intentionally facilitating the companymission of terrorist acts by transporting AK 56 rifles in his motor jeep No. CBI Respondent This appeal has been preferred against the judgments and orders dated 18.9.2006 and 19.7.2007 passed by Special Judge of the Designated Court under the TADA for the Bombay Bomb Blast Cases, Greater Bombay, in Bombay Blast Case No. Dadabhai A 17 told A 90 that he was the son in law of A.R. companycealment of weapons in mango groves and dumping of cartiridges and magazines in Khandalgaon creek, he would be guilty for companymission of offence under Section 3 3 TADA for the said offences. The box companytained 13 magazines. But acquitted for the charge of companyspiracy. The said letter was received by R.K. Singh A 102 , and the same information was further passed on to all the Superintendents working under his jurisdiction. The said jeep was then driven away by Shafi. It was signed by panch witnesses and, thus, he supported the recovery of the articles as narrated by the other witnesses. Shri Mukul Gupta, learned senior companynsel appearing for the respondent, has vehemently opposed the appeal companytending that the companyfessional statements of all the companyaccused, though recorded prior to the date of amendment, must be relied upon. However, it was held that the appellant A 28 had number companymitted any acts and had number participated in any companyspiratorial meetings, to denote that he had been a party to the companyspiracy to companymit the serial bomb Blast or the larger companyspiracy i.e. Three wooden boxes were also seen at some distance away from the said bags. However, Sayyed Abdul Rehman Kamruddin Sayed A 28 did number disclose the full name of accused A 131 , rather referred to as Muzib. Shabbir also boarded his boat and the boat was taken in the creek away from the shore. This DO letter was proved by Pradeep Kumar PW 471 . The first military companyoured bag companytained two rectangular tin boxes, one of the boxes was opened companytained 750 cartridges. Other police men started shouting that there was silver in the truck. Further he A 46 alongwith company accused Asgar Mukadam drove other companyaccused to Sahar Airport who had gone for training to Pakistan. 59 C Thus companysidering material in the companyfession of A 62 and aforesaid companyaccused the same leads to the companyclusion of A 62 also being involved in Shekadi landing operation as denoted by said material and as such having companymitted offence u s.3 3 of TADA for which he is charged at head 2ndly clause a and Similarly the same evidence also establishes his involvement in companymission of offences for which charge was framed at head 3rdly i.e. MCU 4409 from Alibagh to Thane, which was unloaded in the godown of companyaccused Liyakat Khan at MIDC. After 4 5 days of bomb Blast on 12.3.1993, Janardan Gambas A 81 and Abdullah Surti A 66 also arrived at his place. He reached there alongwith other police officials and found them and brought them to Goregaon Police Station for inquiry. They were Issaq Hajwane A 79 , Hamid Dafedar number dead and Sharif Parkar A 17 . The same stood discarded companypletely by the learned Special Judge on the ground that all the companyfessional statements had been recorded by the Police officer in utter disregard to the mandatory provisions of Section 15 TADA and Rule 15 of TADA Rules, 1987. After appreciating the evidence on record, the learned Designated Court came to the companyclusion that the police party of Shrivardhan had intercepted the companyvoy carrying said companytraband near Gondghar Phata. That he participated in weapons training at Sandheri Borghat. The said armaments were handed over by Muzammil A 25 while wrapped in a gunny bag, and after taking the same from him, all of them came to Lonery Phata on the highway. The witness PW 106 was frightened and immediately returned to his village. Deposition of Bharat Hiramal Jain PW 165 It has been proved that he had received a sum of Rs. Thereafter, the witness took the boat to the shore of Agarwada. After companyclusion of the trial, appellant A 81 stood companyvicted and sentenced to suffer RI for 6 years and a fine of Rs.50,000/ , and a suitable R.I. for default of payment of fine under Section 3 3 TADA and further sentenced to suffer RI for 3 years and a fine of Rs.25,000/ for companyviction under Section 111 read with Section 135 b of the Customs Act, 1962. 25,000/ and in default of payment of fine, to suffer further RI for 6 months. The appellant A 42 was guilty for the offence of companyspiracy to companymit terrorist acts i.e. He was called on 29th March, 1993 to act as a panch witness by the police from Goregaon Police Station. As regards the same, Yeshwant Kadam PW 109 has deposed that he had been unable to identify the accused who had produced the said cash, which had been seized under the panchnama Exh. Uttam M. Kale PW.190 also supported the prosecutions case to the extent that the companyfessional statement was given by the accused A 28 voluntarily and it had been recorded strictly in accordance with law. He deposed that he alongwith Shri Patil reached Chinchecha Mal at about 9.00 a.m. Deposition of Abdulmunaf A. Mahimi PW 294 He has deposed that he was the brother of Abdul Samad who had been carrying on the business of electrical and mandap decoration, and that the said vehicle had been purchased by his brother Abdul Samad number examined between 5.2.1993 and 9.2.1993. Hence he was held guilty for the offence punishable under Section 3 3 TADA. The said gunny bag was turned out for emptying the same. Shri Kumbhar, number he was aware how the panch witness arrived and who was the police havaldar who brought the panch witnesses. They had checked the two trucks carrying the said companytraband for about 15 and 10 minutes respectively, and that despite the fact that the arms had been packed differently as companypared to the silver, they had omitted to inspect the said goods properly. After about two days, Afzal Gadbad, who works in the office of Mohd. It further shows that in companytinuation of the same, the search was companyducted and it reveals that after making the disclosure statement, the police had taken the accused alongwith the panch witnesses to a closed workshop named as Bona Parte industry belonging to him. These witnesses were produced by the prosecution to disprove the version of the defences alibi, to the extent that they had number been present in the police party which had intercepted the smuggled goods, rather, they had been on patrolling duty. The said material was filled into 196 boxes and these boxes were then sealed by wrapping them up in Bardan Jute bags . Syndicate located in Middle East and Bombay may try to smuggle companytraband and arms in the Districts of Bombay, Raigad and Thane. There were two panch witnesses, only one has been examined. Such an averment was rejected by the Designated Court, pointing out that the same had been sent directly by Chaturvedula Shstri PW 186 to the Designated Court, Pune, which had received it directly. Akbar asked the appellant A 128 to go with them. In this case, his brother Iliyas was aware that the goods companycealed in their godown were explosives and just after the Bombay Blast on 12.3.1993 Iliyas had driven Yakoob Khan to airport on 17.3.1993. Thereafter, their vehicles were intercepted by Patil A 116 an Inspector, near Gondghar Phata. A 30 received Rs.3 lacs from Feroz on the same night to hand it over to Custom Officer of Alibagh and he handed it over to R.K. Singh and Sayyed. 1536 to the Assistant Collector R.K. Singh A 102 and others, and had also given instructions over the telephone. Shabir alighted from the boat and the witness returned to his village. Mechanic Chacha A 136 had then offered a sum of Rs. The said alleged disclosure statement did number bear the signature of the appellant A 20 . Subsequently on 8.2.1993, at about 6 6.30 in the evening, Anwar had met the appellant A 28 at Bandra Talab naka and had asked him to go to Mhasla again. However, he was only able to speak to Mohd. In cross examination, the witness PW.72 said that label put up on the recovered goods had his signature and the goods had been seized. The second tin box was sealed and the same was number opened in his PW 88 presence. He alongwith other police officials reached Sandheri at 2.00 p.m. and found that the incident had occurred at Chinchecha Mal in the hillocks of Sandheri. Appellant Versus Mujib Sharif Parkar Respondent Criminal Appeal No. Both the respondents A 20 and A 21 had been found guilty for the offence punishable under Section 5 TADA, and awarded the punishment of five years, and ordered to pay a fine of Rs.25,000/ and, in default of payment of fine, to suffer further R.I. for six months. and facilitated their transportation. After their departure, he came to know from Mohd. Panchnamas have made for his disclosure statement as well as for recovery of the said articles. The said panch was brought by the police havaldar. He also went to the residence of Shabbir. They got down from the boat and brought the said articles and kept them in the boat. The accused person arrested by the police was also at the police station. They returned at 5 a.m. with three wooden boxes, which were kept by them in the hall of the house, and he then slept there. Therefore, they ought to have been companyvicted for the charge of companyspiracy as well. A person, whom this witness does number know, then gave him Rs. He had number only facilitated the unloading of goods smuggled in India, rather served the smugglers by taking money as a companysideration for this work. However, companysidering the acts and offences companymitted by him and particularly the retaining of such a companytraband material and disposing the same definitely establishes himself being a party to companyspiracy to companymit terrorist act punishable under Section 3 3 TADA. However, he had admitted that occasionally, he had worked as such and he had been a panch witness in other cases. The appellant A 28 had woken up and realized that there were also two more jeeps and one truck. However, he A 134 did number say anything to show that the appellant A 30 had knowledge regarding the companytents of the boxes, particularly as regards the weapons. It was during his interrogation that appellant A 21 expressed his desire to make the voluntary statement regarding fire arms. Hence, he has been charged under Section 3 3 TADA, and was found guilty vide judgments and orders dated 18.9.2006 and 19.7.2007. The boat reached near the speed boat. CBI .Appellant Versus Issaq Mohd. Shri Babar PW 683 and Senior P.I. However, he had been unaware of the companytents or nature of the goods. 378 was present in the said boat. The appellant was also found guilty for the offence punishable under Section 3 3 TADA, for the companymission of such acts as were found to be proved from charge at head secondly, and he was companyvicted and sentenced to suffer RI for 10 years and was ordered to pay a fine of Rs.25,000/ and in default of payment of fine, was ordered to suffer further RI for a period of six months. Babulal A 109 supported the case of the prosecution to the extent that the appellant A 128 visited Dubai alongwith the other company accused. During the loading, at the relevant time, Sarfaraz Phanse A 55 and Khalil Nazir A 42 were keeping watch while on a motor cycle. Dileep M. Katarmal PW.284 in his statement has deposed that A 17 has purchased a few dozens gunny bags from his shop on 10.2.1993, though he did number name the appellant A 28 specifically but he companyroborated in general particulars the companyfession of appellant A 28 wherein he stated that he alongwith Najeeb had purchased 1500 sacks from the said shop. had talked to the police for about half an hour, and as the smuggling party did number have cash with them, five silver bricks had been given as security to them. The evidence against the respondent Sujjad Alam Iqbal Abdul Hakim Nazir A 61 is his own companyfession. After some time, another yellow tempo, driven by appellant A 28 arrived there in which A 18 sat and drove upto Mahad. There they found three wooden boxes and 6 military cloth boxes at the shore of Kandalwada creek. 3,00,000/ and in default of payment of fine, to suffer further RI for 4 years. One AK 56 rifle and empty magazines were found wrapped in gunny sack. On reaching the place the accused A 61 parked the vehicle on one side of the tower and slept on the back seat. The companyfessional statements of the companyaccused companyld number be relied upon for the reason as it has been obtained by companyrcion and it companyld number be held to be useful and truthful and, therefore, numberworth reliance. 25,000/ and in default of payment of fine, to suffer further RI for 6 months on each companynt. 1536 to the Assistant Collector R.K. Singh A 102 and others, and had also issued instructions to them over the telephone. Accused A 61 was paid Rs. The companyfession of the appellant A 73 was recorded by Shri Vinod Balwant Lokhande, D.C., Airport Zone, Bombay on 15.5.1993 and 17.5.1993. However, when the boxes were opened in the companyrt, newspaper in which boxes had been wrapped was of date subsequent to the date of recovery e.g. On 11.2.1993, three parties were formed for patrolling and in one such party, he PW 146 was also included. As Harish Chandra Surve PW.108 and Vijay Govind More PW.137 had also been working in the same tower as employees, the respondent had persuaded them for helping the smugglers. There were several green companyoured boxes companytaining black soap, and cartridges. He identified the green companyour bag recovered from the creek. Then, the fair tall man had told the appellant A 28 to park the said vehicle in front of the hotel, on the other side of the road and had told him that one Shakeel A 59 would meet him there, who would then unload the vehicle. informing to the police, etc. From their companyversation, the witness learnt that there were 300 ingots of silver in total, each of them weighing 30 Kgs. When he went to meet Karimullah with his A 128 passport, he found some of the other companyaccused present in Karimullahs flat. A 74 took out the said three bundles. The remaining 12 military companyoured bags companytained two rectangular tin boxes each like the boxes found in the first bag and on opening the tin boxes they were found companytaining 750 cartridges each. On opening the said trench four rifles and twelve magazines were found wrapped in a gunny bag. At that time also, the appellant A 74 had shown the torch light. Upon the instructions of Mohd. At about 1.30 p.m. the trap party received the pre decided signal, on which the appellant A 21 was searched, however he was number carrying any arms and ammunition with him. Thereafter, the appellant A 42 had showed the police party and the panch witnesses his house, and there they had made a recovery of 2 foreign pistols, 2 empty magazines and 34 cartridges from a cupboard in the sitting room. After leaving his job in White Star International, the appellant A 128 met Karimullah and asked him to get him A 128 a job. It was held that said acts and the further acts of the appellant A 74 of giving assistance in dumping the cartridges of AK 56 rifles and magazines in Kandalwada creek, would make him guilty for companymission of offences under sections 3 3 and 6 TADA We find numberevidence on record warranting the interference with the judgment of the learned Designated Court. and still himself having transported the same to Bombay by driving vehicle and even in Bombay having companymitted further acts regarding companytraband goods the same clearly indicates that his act were directed to further object of companyspiracy to companymit terrorist act. Confessions of companyaccused clearly established the involvement of the appellant A 46 along with Asgar A 10 for taking companyaccused persons, who were sent for training to Pakistan via Dubai, though he may number be aware of the purpose for which the companyaccused were sent to Dubai. Some persons were sitting at the said Mal, they got up and asked him to leave the said place immediately otherwise he PW 106 would be shot dead. A 73 having companymitted said act by companytravening provision of Arms and Explosive Act he was also required to be held liable for offence under Section 6 of TADA for which he charged at head 3rdly. The memorandum panchnama was prepared in respect of his disclosure statement. CBI STF, Bombay Respondent AND CRIMINAL APPEAL NO. During a marriage in his family on 10.1.1993 when a large number of his relatives were visiting, Salim Kutta A 134 and his friends Feroz and his brother Shabbir had companye to his house on a Yamaha Motor Cycle alongwith the appellant A 30 . 1035 of 2012 State of Maharashtra Appellant Versus Khalil Ahmed Sayeed Ali Nasir Respondent Criminal Appeal No. Nasir Abdul Kader Kewal Nasir Dakhkla A 64 has also supported the case of the prosecution against the appellant. STF, CBI Bombay Respondent These appeals have been preferred against the judgments and orders dated 11th, 12th 16th, 17th October, 2006, 23rd /24th May, 2007 and 1st June, 2007 passed by the Special Judge of the Designated Court under the TADA in the Bombay Blast Case No. When he expressed his inability to keep them, he was threatened with dire companysequences and therefore, he kept the said goods in his house. The panchnama was read over to the appellant A 20 and the panch witnesses. The guns were of arms length. After 2 3 days on 9.2.1993, he had gone to Mahad driving the said vehicle and had reached there at numbern. Laxman Loku Karkare PW 45 , panch witness, in his examination in chief stated that on 26.3.1993 he was in village Mhedandi and was called by P.I. In view of same though A 73 is found to be guilty for offence of companyspiracy the same would be companyspiracy to companymit terrorist act punishable under Section 3 3 of TADA or in other words he cannot be held liable for larger companyspiracy for which charge at head 1stly is framed against him. On being asked, the appellant A 28 had disclosed that he A 28 had also seen the Delhi Darbar Hotel in Dahisar Check Naka. Shafi left from there taking the truck. When he refused to accept the same, the appellant A 102 threatened to spoil his companyfidential report. Hence, these appeals. 1439 OF 2007 Khalil Ahmed Sayed Ali Nazir Appellant Versus State of Maharashtra Through CBI Respondent AND CRIMINAL APPEAL NO. Immediately, another trawler arrived carrying the goods which were also unloaded. They had gone to Goregaon, Raigad and had slept there at night. Therefore, they called the appellant at midnight and subsequently came to his house in a jeep and took him A 85 with them. Once Liyakat A 85 returned from the factory, he, Majid and Murad A 130 went to their residence. On being examined, one single barrel Carbine, 28 cartridges and 3 magazines were found. Under Section 6, has been awarded RI of six years and a fine of Rs.25,000/ and a suitable R.I. for default of payment of fine. He also identified the accused A 61 in companyrt. The appellant A 46 was asked to remove the jeep and park it at the house of Meharbux. Therefore, he ought to have been held guilty of the charge of companyspiracy also. He disclosed that the appellant A 20 had companysented to show the place and take out AK 56 rifle and two empty magazines kept by the appellant A 20 . The appellant A 128 subsequently left for Dubai on 15.2.1993 on the ticket arranged by the companyaccused. It was in his presence that Mechanic Chacha A 136 offered Rs.10 lacs to PSI Patil and as they did number have money, they gave him 5 silver bricks as a security. However it was held that the appellant A 81 after having acquired the knowledge about nature of said companytraband being arms and ammunition and still having companymitted acts mentioned in second and third limbs of second charge i.e. Sultan Sayyad A 90 Ranjitkumar Singh Baleshwar Prasad A 102 Sudhanwa Sadashiv Talwadekar A 113 21. 1610 of 2011 Uttam Shantaram Potdar 10 years RI Dismissed A 30 with fine of Rs.50,000/ and 14 years AND RI with fine of Rs.1 lakh Acquitted 398 of 2011 Allowed and awarded State life appeal imprison me nt 6. The same was unloaded at the sea shore near the village Mhasla. It has also been companytended that after the recording of the companyfession on 19.8.1995 at Ahmedabad, Salim Kutta A 134 had been brought to Bombay by the CBI to the STF office, and that subsequently, he had been taken back to Ahmedabad on 24.8.1995 and that here, he was produced before the CMM Ahmedabad. statement before the companyrt that he had never been produced before T.S. Appellant A 66 stood acquitted on the first charge of companyspiracy. In his statement under Section 313 of the Code of Criminal Procedure, 1973, while replying to Question Nos. 25,000/ and in default of payment of fine, to suffer further RI for a period of six months on one companynt and 7 years rigorous imprisonment under Section 3 3 TADA on the second companynt. 406 OF 2011 State of Maharashtra Appellant Versus Gulam Hafiz Baba Respondent This appeal has been preferred against the judgment and order dated 2.8.2007 passed by Special Judge of the Designated Court under the TADA for Bombay Blast Case No.1 of 1993, by which the respondent has been companyvicted under Section 3 3 TADA and awarded rigorous imprisonment for 8 years with a fine of Rs. He has also been found guilty under Section 202 IPC, and sentenced to suffer RI for 6 months and ordered to pay a fine of Rs.5,000/ , and in default of payment of fine, he was ordered to suffer further RI for one month. The Designated Court after appreciating the entire evidence on record, came to a companyclusion as under ? The said letter was received by R.K. Singh A 102 and this information was further circulated to all the Superintendents working under his jurisdiction. The panch witness examined in the case had been a stock witness in the police as he had appeared as a panch witness in other cases. Therefore, such a companyfession cannot be taken into companysideration. Dossa and others by arranging boats and companylies. On being asked the accused person disclosed his name as Janu Vethkoli. When he had gone there, he had found Sajjad Alam A 61 Rickshawala there. 416 OF 2011 State of Maharashtra Through CBI Appellant Versus Sujjad Alam Respondent This appeal has been preferred against the judgment and order dated 2.8.2007 passed by Special Judge of the Designated Court under the TADA for Bombay Blast Case No.1 of 1993 by which the Respondent A 61 had been companyvicted under Section 3 3 TADA and awarded rigorous imprisonment for 7 years with a fine of Rs. The evidence against them regarding the training at Sandheri is only by Rajaram Kadam PW 106 , who had deposed in the companyrt that on 8.3.1993, some people were being trained in handling of arms at Chinchecha Mal in the morning at about 10 a.m. As there was companytinuous firing he went to the said hillock in order to find out what was happening. Mechanic Chacha A 136 had also companye there and he had negotiated with Vijay Krishanji Patil A 116 who had also been present at that time. However, on 1.4.1994 he got the information that Hamid, Shahjahan, Issaq Hajwane and Sikkandar Issaq Hajwane had taken shelter in the Sandheri forest. Therefore, two panchas were called from the nearby area and in their presence, the appellant A 21 disclosed that he had acquired two Carbines of foreign make and some arms and ammunition from one Mujahidan and one of the said Carbine had been companycealed at Naryalwadi, Mazgaon. As per the instructions of Shakeel, the appellant A 28 had proceeded to park the vehicle. Furthermore, the Customs Inspector had issued a warning to all authorities, stating that he had definite information that arms and ammunition would be brought in by sea, owing to which they should remain alert and ensure proper checking. and 19 ingots which companyld number be loaded in the truck, and the same were then hidden in the open land of one Subedar who was at the said time, living in Nairobi. in the month of February 1993 and there being paucity of evidence to reveal his companynection with the same in any manner, himself having number been to Bombay, number participated in companyspiratorial meeting, the acts companymitted by him were companymitted at the juncture when even the targets for Serial bomb blast were number fixed lead to the companyclusion of himself being party to criminal companyspiracy to companymit terrorist act punishable u s 3 3 of TADA and himself being number party to the entire larger companyspiracy for which the charge at head 1st ly was framed against him. The appellant A 62 had been paid Rs.1000/ for each occasion, which he had shared with other persons. He has produced the register to prove the same, but the said entries are of the year 1992, and number of 1993. It is pertinent to mention that the appellant A 30 has already served 14 years imprisonment, and has also deposited the fine. Facts and circumstances giving rise to this appeal are that In addition to the main charge of companyspiracy, the appellant A 90 was charged for knowingly facilitating the companymission of terrorist acts i.e. After a long time, Muzammil came to the vehicle and woke him up. In addition to the general charage of companyspiracy, all the three appellants had been charged for their overt acts in companynection with the Sandheri training episode. Ajit Shivram Surve PW 604 , the Police Officer attached with DCB, CID who had been sent to get the samples prepared on 30.l1.1993 by P.I. There they shifted 170 bricks in the cavities of two trucks from Bombay. The deposition of Sanjay Pandey PW.492 and Vijay Govind More PW.137 also supported the case of the prosecution. Anwar had then paid Rs.5,000/ to the appellant A 28 in the evening, in lieu of the aforementioned job. Shri Mukul Gupta, learned senior companynsel for the respondent has submitted that the appellant A 73 was aware of the nature of the goods that he had kept in the false cavities of the vehicles. He gave a full description of how the appellant A 21 made the disclosure statement and how the recoveries were made. After 2 3 days, when he went to meet Karimullah, he found large number of other companyaccused sitting in the said flat, and saw that they were getting ready to go somewhere. He was told that the second person was arrested in companynection with the Bombay Blast and for that purpose P.S.I. 13l1 OF 2007 Yusuf Khan Kayum Kasam Khan Appellant Versus State of Maharashtra through CBI, STF Respondent AND CRIMINAL APPEAL NO. 1311 of 2007 This appeal has been preferred against the judgments and orders dated 11.10.2006 and 31.5.2007, passed by the learned Special Judge of the Designated Court under the TADA, in the Bombay Blast Case No.1/93. In the event of seizure of such goods, the officer A 102 would be rewarded, and a lucrative reward would also be given to the person who furnished any requisite information, and that it was for this purpose, that the officers of the customs department were mixing closely with the smugglers so as to win their companyfidence and dupe them into giving them such information. Shri Mukul Gupta, learned senior companynsel appearing for the State, has submitted that all the four respondents, were officials of the Customs Department. He PW 105 knew three persons out of 8 10 persons present there. Shri Mushtaq Ahmad, learned companynsel appearing on behalf of the appellant A 128 , has submitted that he was only 21 years of age at the time of the aforementioned incident, and that he had falsely been implicated in the case, as he was number involved in any overt act, number he had gone to Pakistan for any weapons training. Then the appellant met Babulal A 109 and Shaikh Mohmed Ethesham Haji Gulam Rasool Shaikh A 58 , who was also associated with Karimullah and developed a visiting relationship with them. 598 of 2011 Jayawant Keshav Gaurav Acquitted forDismissed State A 82 larger appeal companyspiracy Mohd. All the persons alongwith the police party and said accused and swimmers went in a fishing boat around Kandalwada and they waited till the low tide was companyplete. He A 81 was paid Rs.1,000/ for doing the said work. They were intercepted by the police of Shrivardhan Police Station at Gondghar Phata junction. After 2 3 months of his visit to Ajmer, upon the instructions of Anwar, the appellant A 28 had reached Bandra station with one change of clothes. The said vehicle had been seized on 30.11.1993, but numbersamples etc. 18 of 1993 against the appellant A 21 for the offences punishable under Sections 3 and 7 read with Section 25 of the Arms Act. Bhardwaj, Collector of Custom on 25.1.1993 that I.S.I. Consequently, the appellant A 18 had companye there with Imtiyaz in the afternoon. They had been warned by their superior officers that arms and ammunition were going to be smuggled into the companyntry through the sea and they were therefore, required to take all possible preventive measures and to remain companystantly alert. They got off the vehicle and the appellant A 79 took a lead and all other persons followed him and reached Sandheri Jetty on foot. 1439 of 2007 This appeal has been preferred against the judgments and orders dated 18.9.2006 and 19.7.2007, passed by Special Judge of the Designated Court under the TADA in the Bombay Blast Case No.1 of 1993. In December, 1992, a letter was received by customs officials stating that it was likely that smuggling of weapons would take place along the Western companyst. He did number know the person who had threatened him or the other persons who were having the arms. The said material which was sent for chemical analysis particularly live handgrenades were defused, as deposed by Pramod Kisanrao Dhaware PW 598 . 1630 OF 2007 Liyakat Ali Habib Khan Appellant Versus State of Maharashtra Respondent AND CRIMINAL APPEAL NO. No.6/93, they were arrested at 10.15 a.m. On the same day, at about 10.30 a.m. Issaq Hajwane A 79 expressed his desire to make voluntary statement. first charge, but is required to be held guilty for the companyspiracy to companymit terrorist acts as aforementioned. Some empty sacks were also put in after folding the same over the goods. He PW 105 went alongwith his friends Shahnawaz Hajwani, Juber Hajwani, Inayat Hajwani and Ashfaq Ramzani towards the site known as Chinchecha Mal on the hillock towards the western side of Sandheri which is 1 K.M. 1029 OF 2012 State of Maharashtra Appellant Versus Liyakat Ali Habib Khan Respondent Criminal Appeal No. Appellant No. After two days, a balance amount of Rs.7,000/ was paid to him by the appellant A 42 . 1034 OF 2012 State of Maharashtra Appellant Versus Tulsi Ram Dondu Surve Respondent This appeal has been preferred against the judgment and order dated 2.8.2007 passed by Special Judge of the Designated Court under the TADA for Bombay Blast case, Greater Bombay in B.B.C. He was brought to the DCB, CID office and during interrogation he expressed his willingness to make a voluntary statement. Shri Mukul Gupta, learned senior companynsel for the state has submitted that the appellant purchased empty gunny bags which were later used to transport the companytraband items in the territory of India. The appellant A 62 has been acquitted of the first charge. However, having regard to fact that there exists numberother evidence of companymission of any act by the appellant A 79 and there is numberevidence of him having been to Bombay or having participated in companyspiratorial meetings, it would be difficult to accept that knowledge of companymission of serial bombs blasts in Bombay can be attributed to him. Therefore, it is clear that he A 30 enjoyed a higher status in the hierarchy of the gang of smugglers, and that he had been assigned an important role of negotiating with customs officers and police officers, to remove any hindrance in the said smuggling. The recovery of pistols has been reported from him, which has also been duly supported by Laxman Loku Karkare PW 45 . At Khandala, they had gone to Hotel New Taj. Furthermore, his companyfession had number been made voluntarily, but under threat and companyrcion. A 30 left the message at Shrivardhan Police Station that he would companye with money on the night of 10.2.1993. However since the appellant A 128 companymitted the aforementioned relevant acts much before the main companyspiracy of actually companymitting the bomb blasts planned and had number participated in any meetings or companymitted any acts in furtherance of the said main companyspiracy, it was held that he companyld number be held guilty for the offence of larger companyspiracy i.e. They buried the bags companytaining weapons in the mango grove at a little distance from his house. Rane wanted the witness to become a panch witness. The said acts amount to the abetment of Mohd. The entry in the log book of the police jeep has revealed that the same had been driven by the appellant A 99 , and this has number been disputed by the appellant A 99 . Thus, the appeal deserves to be allowed, and the stigma of the appellant is to be removed. On the next morning, when he reached there, he companyld number find the car at that place. He was directed by his uncle to keep watch for a tempo which was bringing certain goods. 417 of 2011 This appeal has been preferred against the judgment and order dated 2.8.2007 passed by Special Judge of the Designated Court under the TADA for Bombay Blast Case No.1 of 1993. The said trench was also companytained 13 military companyoured cloth bags. So far as the incident dated 9.1.1993 is companycerned, he has named the appellant A 30 who met him A 113 and paid him a sum of Rs.40,000/ out of the settled amount of Rs.1.25 lakhs. The recovery of the AK 56 rifle and two magazines had been made on 17th/18th April, 1993 and in respect of the same panchanama Exh. After appreciating the evidence on record, the learned Designated Court reached the following companyclusions ? He reached the house of Anwar at about 4.00 M., left the vehicle there and was paid a sum of Rs.5000/ for the two trips that had been made by the appellant A 18 . At such time, several other accused were also present in the flat. However, his case is that he was on leave from 9.1.1993 to 23.1.1993. The tempo was number found in the campus. He has identified the appellant A 62 in companyrt. In this respect, a panchnama was prepared in the presence of the aforementioned two panch witnesses. He A 79 had further been companyvicted under Section 201 IPC and awarded a sentence of 5 years and a fine of Rs.10,000/ , in default of payment of fine to suffer further RI of 2 months. Dey, learned companynsel appearing for the appellants, has submitted that sufficient evidence on record does number exist to companyvict the appellants. Shri Sunil Kumar, learned senior companynsel appearing for the appellant A 20 , has submitted that companyviction of the appellant A 20 under Section 5 TADA, was number warranted in view of the fact that the recovery had number been proved in accordance with law. He was further companyvicted and sentenced for 10 years R.I. with fine of Rs.50,000/ under Section 6 TADA and companyvicted under Sections 3 and 7 read with Section 25 1 A 1 B a of the Arms Act, but numberseparate sentence for the same was awarded. Janya Sarsai was in the said boat. 512 of 2008 This appeal has been preferred against the judgments and orders dated 21.5.2007 and 25.5.2007, passed by the Special Judge of the Designated Court under the TADA in Bombay Blast Case No. The respondent A 102 has presently served out more than five years of the punishment awarded to him and has also deposited the fine. Hence, this appeal by the State. He waited for a while but the tempo did number arrive. 25,000/ , and in default to undergo further RI for six months. At the time of keeping the goods in the pit, the accused was taken away so that he companyld number see what was being put there. The appellant A 30 left a message at the residence of Patil A 116 , stating that he would companye with money on the night of the 10th of the month. Shri Mushtaq Ahmad, learned companynsel appearing for the appellant has submitted that the appellant companyld number have been companyvicted under the provisions of TADA at all for the reason that the godown wherein the alleged explosives had been stored did number belong to him. were taken from the vehicle to determine whether it companytained RDX explosives etc. However, he had number companymitted any overt act so far as the Bombay blasts dated 12.3.1993 are companycerned. The police asked the panch witnesses to companylect broken branches, pieces of cardboard, three empty cartridges, six lead pieces and pieces of stones lying on the ground and the police took charge of the said articles. He deposed that on 5.4.1993 while he was in his office at Crawford Market, he had received the information from his source on telephone to the effect that appellant A 21 involved in Bombay blast case was in possession of fire arms and would be available at Pydhonie. He disclosed that certain weapons had been hidden in creeks. The evidence further establishes his involvement in companycealing 59 bags of RDX explosives in a field existing in his name. So again in the night the appellant A 74 along with other companyaccused took the 13 greenish companyoured bags of bullets of guns and 3 bundles having guns wrapped in the plastic paper from under the haystack and they were buried in the pit dug in the mango grove of Abdul Razak Subedar who was staying in Nairobi at that time and the same was filled and companyered by soil and hay. Thus, the appeal is liable to be dismissed. He supported the case of the prosecution and proved the disclosure statement of the appellant A 21 as well as the recovery made at his behest. None of the appellants had put any further question on possibility of tampering of the evidence to the said witness PW 586 , though he proved the letter with which the companytraband materials were sent for FSL and the FSL report itself, but numbere of the appellants put any question in his cross examination on the possibility of tampering of the material etc. Thereafter, divers swimmers and boatmen were called to the said place by the police. 7 lakhs which had been agreed to and accepted by them, after negotiations with terrorists and their associates. They sailed the boat towards Kandalwada Creek. The appeal lacks merit, and is accordingly, dismissed. The appellant A 42 was keeping watch. Appellant A 46 had companye to his residence and told him that his tickets were ready. The panchnama has been signed by both the witnesses as well as by the Inspector of Police, Shri S.S. Sawant. One of the rifle out of 12 rifles and one of magazines and five cartridges was taken by the police by way of sample and the same were sealed. Thus, he ought to have been companyvicted for the first charge. The respondents A 106 and A 111 did number participate in the training at Sandheri, and at the most, they companyld be held to be silent spectators of the training and therefore, companyld number be involved in the offence. The accused A 74 thereafter removed the grass from the said place and a trench companyld be seen. Thus, the State has filed appeal against the order of his acquittal on the charge of companyspiracy. Bhal PW.191 , S.P., Raigad has deposed that the appellant A 81 was produced by Ashok Krishanji Chandgude PW.670 before him on 20.5.1993 and after asking certain questions to him, T.S. 207 OF 2008 Mujib Sharif Parkar Appellant Versus State of Maharashtra Respondent AND CRIMINAL APPEAL NO. Shafi asked the appellant A 18 to stop the tempo at a petrol pump situated between Goregaon and Madgaon. Ms. Farhana Shah, learned companynsel appearing for the appellant has submitted that the appellant was unaware of the fact that the items being landed were those other than silver, and that he realized this fact only later. On 6.2.1993 the appellant A 46 met Anwar at 11 OClock in the morning near his house. However, Criminal Appeal No.1031 of 2012 has been filed by the State against the said judgment as A 46 stood acquitted of the charge of larger companyspiracy. The vehicle being driven by Shafi was left at Nagothane. They had then gone to the Welcome Hotel at Panvel. The said bags were taken by the truck of Alware in the field which was in his name and were companycealed in the pits by putting soil on it. From there he had gone to the house of a lady school teacher in Mhasla Village, and had eaten and also rested there. He was frightened, disturbed and therefore, succumbed to the said demand. On reaching there the appellant A 20 took out a box and scrap was removed. He also named 3 persons who companylected the samples as Kulkarni, Malve and Surve. Thereafter, all other persons followed him. However, it was further held that the appellant A 110 was member of police party headed by his superior Vijay Krishnaji Patil A 116 and though the appellant A 110 companyld number be said to be responsible for taking decision of permitting further transportation of said goods, however taking into account the fact that he had number reported about Vijay Krishnaji Patil A 116 to higher officials, reveals that he had also companynived with Vijay Krishnaji Patil A 116 in performing said acts. However, since he had companymitted the aforementioned relevant acts much prior to the date of the bomb blasts and had number participated in any meetings, number was he companynected with the same in any manner, and the fact that the acts were companymitted by him at a time when even the targets of the Bomb blasts had number been fixed, he companyld number be held guilty for the offence of larger companyspiracy i.e. One of the boxes was opened and found to companytain cartridges. The appellant A 110 got down from the jeep and he heard the appellant A 110 shouting to take out the key of the said vehicle and bring the driver to him. The appellant has already served about 7 years of imprisonment, and has also deposited the fine. The main terrorist acts were executed in Bombay on 12.3.1993 in the form of multiple bomb Blast. He was fully aware of the companytraband material but he did number inform the police authorities about the same. 1032 of 2012 Though respondent has been companyvicted for various offences, he has been acquitted of the charge of companyspiracy. There the appellant A 46 would exchange the van with a jeep given by Riaz. Thereafter, Shabir told him that there is a foul smell of things in his house and hence the same is to be thrown away in the sea. Deposition of Dileep Madhavji Katarmal PW.284 He was serving as a Manager in the firm which was carrying on the business of gunny bags etc. After that they left the said place and travelled for about an hour and reached a building which looked like a factory with a big tower. 403 of 2011 This appeal has been preferred against the respondents only on the limited issue that the respondents have been acquitted by the Special Judge of the Designated Court under the TADA for the charge of companyspiracy. He identified the appellant A 73 in companyrt. The appellant A 61 had also received an amount of Rs. 106 had been booked for them in the said hotel. The next day some other accused also reached there. Rashid and Khalil also came there. Bhal PW.191 , Shridhar Borkar PW.88 , Dattatray PW.89 , Anil Baswat PW.90 and Ashok PW.670 to support the allegations against the present appellant A 81. Shri R.K. Singh A 102 had been the Assistant Collector of the Marine Preventive since September 1992. A 128 was arrested at Bhusawal, and his companyviction cannot stand for want of evidence against him. Bhal he reached Sandheri Village at about 6.00 a.m. Three police officials and 20 companystables had already reached the said place. Shri Pharande, and he companyroborated the incident of companylection of samples as described by Asit Binod Ghorai PW 602 . His expenses for traveling to Dubai and back were met by the companyaccused. Hence, the State has preferred this appeal. Hence, the State preferred this appeal. Appellant and the witness prepared tea. More so, the respondents A 20 and A 21 have filed appeals, as referred to hereinabove, and they have served 4 years of sentence and deposited the fine. A 46 was also present at the Al Husseini Building in the intervening night between 11th/12th March, 1993 when the RDX was filled up in the vehicles. 383 makes it clear that Farid Alam Rais Alam Qureshi and Mohamad Ayub Mohamad Umar had been the panch witnesses and in their presence the appellant A 20 voluntarily made a disclosure statement that the AK 56 rifle was kept in his workshop. Thus, the panchnama was drawn up about the said event Ext. However, it does number bear the signature of the appellant A 20 . and it was decided that he would pay a sum of Rs.5 lakhs to the Havaldars and Rs.2 lakhs to the SI separately, and the said amount was paid by the appellant A 30 . This has been explained fully in the companyrt by Pratap Dighavkar PW 586 . Then, they came to Nagothane near Pen and stayed in a hotel. It companytained two sealed tin boxes. Therefore, the appeal deserves to be dismissed. He A 110 came near the truck and took away the keys of the first truck. Appellant A 21 was searched but he was number carrying any weapon, however, one Ceiko watch, his driving licence, labour card bearing his photograph of Arab Emirates and some Dirhams and a silver ring were found with him. for companymission of terrorist act by other companyspirators and they companyld be held liable for the same but still they cannot be said to be involved in the companyspiracy. 417 OF 2011 State of Maharashtra Appellant Versus Yousaf Khan Kasam Respondent Criminal Appeal No. 1438 of 2007 Ahmed Shah Khan Durrani5 years RI Dismissed S.Mubarak S A 20 with fine of Rs.25,000/ 2. Appellants Versus State of Maharashtra thr. The second box was number opened in his presence. Singh, learned companynsel appearing for the appellant has submitted that the appellant has wrongly been enroped in the crime. Shri Mukul Gupta, learned senior companynsel appearing for the appellant State has submitted that these respondents were police companystables who had been posted at the relevant time at the Shrivardhan Police Station. Moreover, the said vehicle had been seized and the FSL report was also positive as regards the presence of RDX. It was finally agreed, that a sum of seven to eight lakh rupees would be paid by Mohd. Deposition of Vyankatesh Hirba PW.588 He was the officer who had effected the seizure of the Tempo bearing number MH 06 5533 on 12.4.93. Bhal who instructed him to go to the said place. Ms. Farhana Shah, learned companynsel appearing for the appellant A 81 and Shri Mukul Gupta, learned senior companynsel appearing for the State have raised the same companytentions which have been raised in respect of Abdulla Ibrahim Surti A 66 . After appreciating the entire evidence, the learned Designated Court recorded the finding that the appellant A 79 companyld number furnish any explanation that he had numberknowledge of said companytraband material for some other reason, and his possession of such articles for such a long period companysidered along with his participation in the training programme leads to numberother companyclusion than himself being party to companyspiracy to companymit terrorist act. He had been receiving money, distributing the same amongst other officers, and had also been spending it himself. From there they took Khalil Nazir from his residence and reached Muzammils residence. On the same day he A 30 handed over the money to some of them. The said facet companysidered on the backdrop that training programme had taken place on 8th of March, 1993 or thereabout leads to the companyclusion of A 79 having the knowledge of such a companytraband article in the month of April 1993 and the same being recovered from the place shown by him. Next day, on the instructions of Shri T.S. 414 of 2011 The respondent A 79 had been acquitted of the charge of companyspiracy. He further deposed that panchnama of the recovery from the workshop of the appellant A 20 was companyrect. VH Rane PW.588 told him that one of them was Sonkar, resident of the village. Thus, numberinterference is called for. 1420 OF 2007 Mohd. 7.4.1993, for example. The witness immediately called two panch witnesses for drawing the panchnama. In his statement under Section 313 of the Code of Criminal Procedure, 1973 hereinafter referred to as the Cr. He A 82 has further narrated similar incidents of visiting the house of Rahim Laundriwala, the companylection of money by the appellant and the distribution of the same to other officers on 17.9.1992, and in the month of September 1992, the first week of October 1992, and in the first week of November 1992. After companyclusion of the trial, the learned Designated Court held the appellants guilty and awarded punishment as referred to hereinabove. He further proved the recovery and denied the suggestions that the appellant A 21 did number make any disclosure statement number any recovery had been made at his behest. Accordingly, he waited. Immediately thereafter, he formed a team of police officers and staff and went to the Pydhonie and arrested the appellant A 21 , brought him to the office of DCB, CID at Crawford Market and he A 21 was interrogated. None of the said respondents A 106 and A 111 has made any companyfession. Bhal PW.191 was fully satisfied that appellant A 81 wanted to make a voluntary companyfession. Hence, the State has filed appeal against them. Hence, the State has filed appeal against him. The appellant A 90 has further stated under Section 313 Cr. The entire cargo was loaded into two trucks and thereafter, they all companye to T.V. Since there is a paucity of evidence to show that the appellant A 79 had any knowledge regarding the places at which the explosions were companymitted in Bombay, he cannot be held liable for the offence of larger companyspiracy for which the charge at head firstly is framed against him. A relative of the appellant A 18 had asked him whether he would travel to Ajmer Sharif along with Anwar in a Maruti Car. The remaining goods were then unloaded and the same were kept in one pit dug into the land. The mouth of one of the bags was loose. During the trial, 11 accused died and 2 accused turned hostile. Fifty sixty packets were loaded into the said vehicle. However, he turned as an approver and he was examined as PW.2 wherein he deposed that he knew the numberorious persons like Nasir Dakhla A 64 , Manoj Kumar Munna Bhavarlal Gupta as Munna A 24 , Riyaz Abu Bakar Khatri, Mujib Sharif Parkar as Dadabhais son A 131 etc. He did number therefore, support the case of the appellant stating that he had been on leave from 9.1.1993 to 23.1.1993. The appeal is hence, dismissed. Therefore, there was manipulation. However, he was number found guilty of any other offences. In the statement made under Section 313 of Code of Criminal Procedure, 1973 hereinafter referred to as the Cr. He deposed that just after Holi on 8.3.1993 he PW 106 was present at village Sandheri and after hearing the gunshots he went towards Chinchecha Mal, a place nearby Gardav Wadi of village Sandheri at about 9.30 to 10.00 a.m. After reaching there he PW 106 saw cardboard targets were fixed near the hillock which were of square shape and approximately 2 feet in size. He recovered three empty cartridges of a rifle bearing some marking on it, six lead pieces, the broken branches of the tree, the targets prepared out of a cardboard, the stones bearing the marks of bullets and these articles were wrapped in a paper. After companysidering the evidence on record, the Designated Court recorded the finding as under That initially A 85 himself was number aware regarding the material which was stored in the said godown. They were reloaded in the cavity of the jeeps parked there. 207 of 2008 This appeal has been preferred against the impugned judgment and order dated 24.5.2007 passed by the Special Judge of the Designated Court under the TADA in Bombay Blast Case No. He learnt later on, that the said flat belonged to Yeda Yaqub. The appellant A 90 refused to acknowledge most of the incriminating material that was pointed out to him by the Designated Court. On the companytrary, Shri P.K. The remaining 13 rifles and 26 cassettes were recovered by the police from his house later on. The remaining 13 rifles and 26 cassettes had been recovered later on by the police from his house. From there Shafi left by jeep instructing the appellant A 46 to reach at Bandra Talab with Maruti Van near in the evening. On that very same night at about 3 Oclock, he A 28 and the appellant A 131 left for said shop by Yellow Mitsubishi and reached there at about 6 Oclock and from there they bought 1500 sacks from one Gujarati. The appeal with respect to Jayawant Gauruv A 82 was hence, dismissed. 343 B , 343 C and 343 D which was recovered from his house, has also been forfeited. 1311 of 2007 Yusuf Khan Kayum 5 years RI Dismissed Kasam Khan A 31 with fine of AND Rs.25,000/ 417 of 2011 Acquitted Dismissed State appeal 5. 396 of 2011 The respondents A 106 A 111 had been acquitted of the charge of companyspiracy. They went to bungalow of Meharbux Discharged Accused at Mahim in that vehicle. At about 8.30 p.m., three persons came by a car. He was in the lock up of Matunga Police Station, and was forced to sign on the said papers because he was told by the police that if he did number companyply they would harass and torture him. He A 128 companyld number go to Pakistan but waited for 15 days in Dubai and later returned to Bombay. Shri Mukul Gupta, learned senior companynsel appearing for the respondent, has submitted that these two appellants have failed to perform their duty. The appellant A 21 made a companyplaint before the Designated Court, and the companyrt directed his medical examination. The appellant A 21 led the police party and Panchas to Naryalwadi Muslim Cemetery Kabaristan , Mazgaon and from the said graveyard he took out one gunny bag duly tied with a rope. Therefore, he wanted his help to take the things upto the boat. Subsequently, they went to the companyrect factory and opened the same. Thus, the appellant was entitled for benefits of doubt. 271 of 2008 against the said order of companyviction, even though he has served the sentence for a period of 8 years, and has paid the fine. Mujib A 131 said that they have to go to said shop. In his presence Rs.2 lacs were paid to Patil, PSI at Shrivardhan Naka and Rs.5 lacs were paid to Havaldars. He also denied that he had gone to Dubai to execute a certain companyspiracy and in fact, rather suggested that he had gone there on a business trip. It is also clear that payments were made through him A 30 . They had further been charged with receiving and keeping in possession of one AK 56 rifle and two empty magazines with intention to use and companymit terrorist acts. They took 3 4 rounds to the Sea and back, and brought sacks with them each time they returned. However, himself having companymitted relevant acts much prior to Serial Bomb blasts i.e. Further the Designated Court discharged 2 accused during trial and the remaining persons including appellant A 20 stood companyvicted. The appellant A 21 had been detained in the office of DCB, CID under suspicion due to the receipt of information that he was to be at Pydhonie for acquiring arms. He reached there and after reaching the sea shore at Agarwada he found that Shabir was present. The disclosure statement alleged to have been made under the provision of Section 27 of the Indian Evidence Act, 1872 hereinafter called Evidence Act has number been strictly followed. After receipt of said information, he had sent DO letter Ext. After receipt of the said information, he had sent DO letter Ext. There was numberhing to show that he companymitted any act furthering the object of companyspiracy, beyond rendering assistance to the operation organized by his father alongwith other partners. He identified the said three named persons in the companyrt including Issaq Hajwane A 79 . He was asked to anchor his boat and wait. Bombay Blast took place on 12.3.1993 in which 257 persons lost their lives and 713 were injured. He PW 105 was present at the said place for a short while as Hamid Dafedar rushed to them and threatened them that if they did number leave they would be killed. Accused Yeda Yakub met them on a few occasions and told them that he was in the process of making arrangements for them to go to Pakistan where they would receive their training. He PW 105 saw many cardboard targets fixed at different places around the hillock. One application under Section 457 of Code of Criminal Procedure, 1973 was filed by the appellant A 31 before the Designated Court for release of the tempo and the same was allowed. The said appeal lacks merit and is thus, accordingly dismissed. The police effected the writings about the said things and signatures of the panch witnesses were obtained on the writings. 415 of 2011 This appeal has been preferred against the same impugned judgment and order dated 2.8.2007 passed by the Designated Court by which the respondent has been companyvicted under Section 3 3 TADA and awarded rigorous imprisonment for 5 years with a fine of Rs. Thus, two panches were called. He had gone to Dubai for the purpose of traveling further to Pakistan for weapons training. On 5.2.1993 the appellant A 46 went to Mahad and then to Nagothane in Maruti van. The police had searched the first truck for a long time, while they had taken only 10 minutes to check the second one. The packets were signed by him, companypanchas and Shri Sawant. for Protection of Civil Rights, Unit Bombay. Appellants Versus State of Maharashtra Respondent WITH CRIMINAL APPEAL NO. 172 OF 2008 Arun Pandari Nath Madhukar Mahadik Appellant Versus State of Maharashtra through STF, CBI, Respondent AND CRIMINAL APPEAL NO. The recovered material was sent for FSL, and the report Ext. No.1 of 1993. 50,000/ was paid to him for distribution among other companyaccused. 1030 OF 2012 State of Maharashtra Through CBI Appellant Versus Ahmad Shah Khan Salim Durani Anr. MMP 4799, belonging to a decorator was given to the appellant A 18 on 5.2.1993. Out of the accused persons against whom chargesheet was filed, 40 accused companyld number be put to trial as they have been absconding. It was signed by the panch witnesses and companyntersigned by him A 20 . So, the report was positive. 10 lakhs to Hawaldar Ramesh Dattatray Mali A 101 and Hawaldar Ashok Narayan Muneshwar A 70 , who were companynting the silver bricks that had been loaded into the truck. This police party further allowed the goods to go past, without proper checking after negotiating a bribe to the tune of Rs.7 lakhs. He has also identified appellant A 21 in the companyrt. He had immediately given the said information to S.P., Shri T.S. Therefore, numberinterference is called for. The accused A 61 was forbidden to enter inside. After entering the companypound he A 74 said that the weapons were companycealed beneath the grass. nephew of said persons. One police officer went on the loft. first limb of second charge, but guilty for offence punishable under Section 111 read with Section 135 b of Customs Act, 1962 for the same. It companytained 80 packets in gunny bags each packet weighed about 30/35 Kg. He had been companyvicted for charge at head fourthly, but numberseparate sentence has been awarded under Sections 3 and 7 read with Sections 25 1 A 1 B a of the Arms Act. Thereafter, he started his own workshop. They were permitted by his father to store the goods. Therefore, the same is number valid. In his cross examination he PW 585 admitted that one of the newspapers in which the said articles had been wrapped was subsequent to the date of recovery as it was of 13.4.1993. 598 of 2011 State of Maharashtra through CBI Appellant Versus Jayawant Keshav Gaurav Ors. The same had been of yellow companyour and were of size of an empty cartridge for a rifle. 13,000/ for the said transportation work and assured him that the balance amount would be paid after two days. Raigad requesting him to record his companyfession and he was produced for recording the companyfession on 7.5.1993 and it was so recorded. Four jeeps and a Maruti car were already parked there. The State has also filed appeal against his acquittal of the first charge of companyspiracy. He has stated that he knew of a person named Anwar, who had lived in close proximity to his house right from his childhood. The Designated Court came to the companyclusion that his act of driving the vehicle companytaining such material companyld number be for any purpose other than to aid and abet terrorist activities. Raigarh and by purchasing empty gunny bags in the name of fictitious firms. The said trench companytained three black companyoured bundles. He was given sufficient time to re think and was allowed to stay in the CBI office for a period of 48 hours, and he A 128 made it clear that during this period numberbody had met, pressurised, threatened or intimidated him. CBI, it may be pertinent to mention only the relevant facts and charges against the appellant A 20 . He deposed that as some of the samples had to be taken out of the recovered material and sent for FSL report, it was re opened on 18.4.1993 and samples had been sent for FSL. The police examined the said material and prepared the recovery memo. Such an act tantamounts to furthering the object of the companyspiracy to companymit terrorist acts. He further denied the suggestion made by the defence that he was the regular panch witness for the police. The witness was given a pistol. The appeal has basically been filed only for enhancement of punishment, or for companyviction of the respondent for main charge of companyspiracy. He was again asked to be produced on 21.5.1993 and on that day appellant A 81 narrated the entire matter and his companyfession has been recorded verbatim. The panch witnesses companyld number be relied upon as they were number the natural witnesses i.e. He also deposed that the office of the Bombay Municipal Corporation was inside the Naryalwadi Kabristan from where the recovery had been made at the instance of the appellant A 21 . In the facts and circumstances of the case, the respondent A 73 had been companyvicted and awarded sufficient punishment. In paras 65 and 66, he deposed that he did number register any A.C. No. After being shown the relevant material he had become aware of the nature of companytraband material. The panchas alongwith the accused A 20 and the police party entered the workshop and found that there was numberelectricity however, they found that the loft measured approximately 16 x 40 had a loft with a staircase. The said four rifles were having black companyour barrel and wooden companyour grip. As the water recedes the signs of the bags were seen in the water and the mud of the creek. The evidence surfaced and or reasoning given thereon revealed that A 85 was closely related to absconding accused Yeda Yakoob and deceased accused Majid Khan i.e. One such jeep had been entrusted to him A 12 . Similarly the acts companymitted by him were obviously for purposes of aiding and abetting terrorist accused who were to use the same for companymission of terrorist act. The appeal with regard to appellant A 74 lacks merit and is accordingly dismissed. Thus, appeal deserves to be allowed. Thus, the appeal deserves to be allowed. The said writings were read over to them by the police before their signatures. Therefore, the appeal filed by the appellant is liable to be dismissed, and appeal filed by the State deserves to be allowed. Shri Mushtaq Ahmad, learned companynsel appearing for the respondent has opposed the appeal companytending that the learned Designated Court has already companysidered the matter and, following the parameters already laid down by this Court, reached the companyclusion that the respondent was number guilty of the first charge. The present appellants A 70 and A 99 may be companyrect in companytending that simply because these witnesses had number seen the appellants in their village, the same cannot be taken to mean that the appellants had number been on patrolling duty. He companylected this money and paid the same to the said officers. He further deposed that on 17.4.1993 he had number seen the empty cartridges but had described markings on the said empties in Exh.2112 on the basis of the description of the empty cartridges in Panchnama i.e. He identified the appellant A 131 in the companyrt. 171 OF 2008 Ashok Narayan Muneshwar Appellant Versus State of Maharashtra through STF,CBI Respondent AND CRIMINAL APPEAL NO. Hence, numberleniency must be shown to him. The charge against the respondent A 31 had been framed mainly for companyspiracy. Appellant A 21 came there at about 1.30 p.m. and on getting the signal, the police party pounced upon him and apprehended him. Then the acccused A 61 was sent to village Borli with autorickshaw to bring the truck and labourers. In view of the fact that each appellant being assigned different acts, has been charged differently and has been awarded a different sentence, it is desirable to deal with the case of each appellant separately to certain extent. 1423 OF 2007 Shah Nawaz Khan Appellant Versus State of Maharashtra Respondent AND CRIMINAL APPEAL NO. Fourthly, under Sections 3 and 7 read with Section 25 1 A 1 B a of the Arms Act, which he had dumped in the sea companyst abutting Gandharwadi village which had been recovered at his instance between 1.4.1993and 3.4.1993. On 1.6.1993, appellant A 28 expressed his willingness to make a voluntary companyfession because of repentance and denied being induced or companyrced. Appellant A 46 was number willing to go for the work as he was number feeling well, however being poor he went because of offer of money. Sayyed A 90 on 6.1.1993 after leaving the Alibagh office and that they had carried out the work of companylecting intelligence by patrolling areas until 1.00 a.m. on 7.1.1993. Respondents AND CRIMINAL APPEAL NO. The panchanama of the said recovery was drawn at the said place at about 6.00 p.m. From there on 10.3.1993 around 12 12.30 p.m., they went to Visawa hotel. 1032 OF 2012 State of Maharashtra Appellant Versus Shah Nawaz Khan Respondent Criminal appeal No. He was arrested during the shooting of a movie, in which he was working. 55 60 sacks into the vehicle that had been brought by him. Criminal Appeal No.398 of 2011 has been filed by the State against the order dated 2.8.2007 by which A 30 stood acquitted of the first charge of larger companyspiracy. He had been running the said garage for repairing vehicles. It belonged to his father who knew the other companyaccused and it was on the instructions of his father that the appellant accompanied them at the time of storing. Bullets were also there. The AK 56 rifle and magazines were separately wrapped in brown paper and three packets were prepared and sealed separately. Appellant had received the information from Sh. However, subsequently they came to know that it was number the companyrect godown. He did number participate in hatching the companyspiracy by attending any companyspiratorial meetings. Karimullah assured the appellant A 128 that he would find some work for him and also gave him Rs.500/ for household expenditure. They came to Alibaug and stayed in a hotel for 2 3 days. They reached the Welcome Hotel at Panvel at about 11 12 o Clock at night. The recovery memo companytained one AK 56 assault rifle of folding type butt, in rusted companydition but had been greased and two magazines of AK 56 assault rifle with numberidentification marks and numbers and it was in rusted companydition and greased. He has further disclosed that he had also been paid a sum of Rs.2000/ and for two or more trips, a sum of Rs.6000/ which he had distributed among others. 1035 of 2012 The respondent in this appeal stood acquitted of the charge of companyspiracy. 595 OF 2011 The State of Maharashtra .Appellant Versus Abdullah Ibrahim Surti .Respondents Criminal Appeal Nol. Hence, the State has preferred this appeal against the order of acquittal. The Designated Court rejected the suggestion in his A 81 Section 313 Cr. Thapa dead , had kept him informed about the steps taken in this regard. One Dilip Hegiste was the registered owner of the said vehicle. The appellant has already served 3 years and 4 months. The watchman of the Ghanshyam building from which the recovery had been made, has number been examined. There exists an evidence denoting that in companysequent to information given by A 79, 13 handgrenades and empties were recovered seized by police during the period from 1.4.1993 to 3.4.1993 from the sea companyst at Gandharwadi. Thus, on the same day he wrote a letter to the S.P. The Designated Court is directed to take him into custody and send him to Jail to serve out the remaining sentence, if any. Hussain who had advised A 12 to wait there, and had stated that A 18 would companye there in the morning. This witness further supported the prosecution case that he made a desire to make companyfession voluntarily etc. 912 of 2007 Aziz Ahmed Md. The fact of investment of money taken by him as illegal gratification stood proved by the evidence of Bharat Hiramal Jain PW 165 and Deepak Balkrishna Rauth PW 149 and he companyld number furnish any satisfactory explanation for such investment. He came to know that in fact the explosives had been shifted from his godown prior to 12.3.1993. He was a Police Inspector and working as a Dy. Further, all the sentences have been directed to run companycurrently. However, all the sentences have been directed to run companycurrently. The depositions of Deepak Balkrishna Rauth PW.149 and Chandrashekhar PW.591 have proved the aforementioned amounts of cash, through pass book entries. The bomb blast was the outcome of the desire of the God. There he saw two persons armed with guns standing at the said place and 5 6 persons were sitting at Chinchecha Mal. However, the companyrt passed the order that the vehicle should be thoroughly examined by experts as to whether it companytained any traces of the RDX. However, the appeal has been preferred by him only to get an acquittal, so as to remove the stigma attached to being companyvicted for offences as mentioned hereinabove. 1029 of 2012 The respondent herein stood acquitted of the charge of companyspiracy. He was informed that there would be a boy at the gate who would give him a signal with a white handkerchief upon seeing the said tempo. CHAUHAN March 21, 2013 Annexure A Criminal Accused Name and NumberSentence by Award by No. In respect of the incident dated 3.12.1992, i.e. As the learned Special Judge has dealt with the said issue elaborately and has placed the respondents at par, we do number see any companyent reason to take a view companytrary to the view that has been taken in the case of the companyaccused Jayawant Keshav Gaurav A 82 . More so, the appellant was number informed at any stage about the companytents of the cartons and did number become aware of the same until the end. He deposed that on 8.3.1993 just after Holi, he heard gunshot numberses made by several persons at about 9.00 a.m. when he was sitting at State Transport bus stand of his village Sandheri. They all proceeded in a blue companyoured companymander Jeep. Hence, his sentence should be reduced to the period already undergone. Thereafter, he had worked in Saudi Arabia in the year 1991 as a caterer in a hotel. Some 4 5 police officials were already present at the place. On the companytrary, Ms. Farhana Shah, learned companynsel appearing for the respondent has opposed the appeal companytending that he has already served 5 years of sentence. Rafiq Rafiq Madi Musa Biyariwala Appellant Versus State of Maharashtra Respondent AND CRIMINAL APPEAL NO. The witness was examined in his presence. 512 OF 2008 Abdulla Ibrahim Surti Ors. P.C. About 4 to 5 persons from his village were amongst the persons who were sitting at the said place at that time including these two respondents A 106 and A 111 . The carbine gun was found in working companydition, and it was capable of chambering and firing the cartridges recovered in that offence. Similarly the same evidence also establishes his involvement in companymission of offences for which charge was framed at head 3rd ly and 4th ly on companynt of himself being in possession of companytraband material unauthorisedly i.e. 1632 of 2007 Ranjit Kumar Singh Appellant Versus State of Maharashtra thr. In view of the above well reasoned judgment, we do number find any evidence on record to warrant interference in the companyclusion drawn by the Designated Court. The appellant was companyvicted and sentenced as referred to hereinabove. However, he has admitted that he had number made any entry in the Station Diary regarding the information received by Senior P.I. After being satisfied that they were accused involved in C.R. He was forced to sign a readymade prepared statement which was never even read over to him and he signed the same because he had been in illegal custody of the police since 20.3.1993. The Bombay police investigated the matter at initial stage but subsequently it was entrusted to the Central Bureau of Investigation hereinafter referred to as CBI and on companyclusion of the investigation, a chargesheet was filed against a large number of accused persons. He A 128 was taken to the office of Eijaz Pathan of M s Famous Construction but was number successful. The appellant A 79 took a stone and threw the same at a particular spot in the water and told them that they had thrown handgrenades and empty cartridges within the vicinity of the place at which he had thrown the stone. His father in law Gulam Dastgir used to run the business of Matka at Bandra and thus, he A 64 also joined the said business. Thereby, having abetted knowingly and intentionally facilitated the companymission of terrorist act and preparatory acts thereof. He has also admitted to accepting the said amount. He has provided details of the passbook account numbers of his son, which were recovered by the CBI. In view of the discussion in Criminal Appeal number1728 of 2007, the date of the recording of the companyfession has numberbearing so long as the accused are being tried for the same crime in the same trial. He had told them that each object was worth Rs.25,000/ and that the same companyld even be used to explode the Oberoi Hotel. Both the sentences were directed to run companycurrently. He had received the information from a secret source on telephone, he recorded the same and passed on the same to the senior officers. Heard rival submissions by companynsel for both parties and perused the evidence on record. The same bears his signature and the signatures of panch witnesses and it was companypleted on 18.4.1993. Heard rival submissions made by companynsel for both parties and perused the evidence on record. Heard rival submissions made by the companynsel for both parties and perused the evidence on record. He was neither the owner of the godown, number did he have any companytrol over it. He further deposed that on 17.4.1993, he sent the articles recovered from Chinchecha Mal to a Chemical Analyst with a forwarding letter for carrying out the examination and sending a report. 1031 of 2012 This appeal has been filed by the State against the acquittal of the respondent of the charge of larger companyspiracy. Ms. Farhana Shah, learned companynsel for the appellant emphasised the fact that the identity of the appellant companyld number be discerned and this should create doubt in the mind of the companyrt. RDX material in the godown of his father at Mumbra. Raigad. The said packets were dug out from the land. On reaching there at 8.00 pm, R .K. PW.561 registered the said offence as LAC No. The rifles were bearing some numbers but the same were illegible as it had been rubbed off. CBI .Appellant Versus Shahjahan Dadamiya Hajwane Ors. He identified both the respondents A 106 and A 111 in companyrt as the persons sitting at Chinchecha Mal. resident of the said area. He has already served the sentence and deposited the fine. He further stated that he arrested the accused formally in L.A.C. On that information the trap was arranged near the Pydhonie Police Station. 403 of 2011 State of Maharashtra Appellant Versus Ashok Narayan Muneshwar Ors. The said workshop had a loft and one staircase. The witness PW.2 enquired from Javed about the wires and Kala Sabun. In view of the fact that each respondent being assigned different acts, has been charged differently and has been awarded a different sentence, it is desirable to deal with the case of each respondent separately to certain extent. 1 lakh to the Alibagh staff. He has further stated that he had spent all the money that he had received from the smugglers from time to time. The finding may also be said to be perverse if it is against the weight of evidence, or if the finding so outrageously defies logic as to suffer from the vice of irrationality. He deposed that in spite of his best efforts he companyld number trace out the accused on 31.3.1993. They may have been negligent in the performance of their duties, but by numberstretch of the imagination, can it be held that they had also companyspired in the execution of the transaction. He A 46 was present at the airport and a sum of Rs. In his cross examination he has admitted that he had recorded the date 7.4.1993 in his small diary on which day he was made the panch witness. The said empty cartridges sent to Chemical Analyst for examination on 17.4.1993 were bearing marking 661/71 and the panchnama shown to him does number reveal any empty cartridge bearing marking 661/71 being seized under the same panchnama. New Delhi, Dr. B.S. thereof, 3 experts took samples on 30.11.1993 and the report dated 12.1.1994 detected traces of RDX. black soap. According to which US Carbine gun and 28 cartridges sent for FSL were examined. A sum of Rs.3 lakhs had also been given to him by Firoz to distribute among all the other officers. The panchnama of the said articles was drawn by S.I. So, it was quite possible that newspapers upto 18.4.1993 companyld have been used. After going through the evidence on record i.e. He gave description about two persons one old and one young who had companye to his agency shop for purchasing the sacks in the first part of February 1993, and they purchased the sacks vide bill Nos. He had hence been falsely implicated in the said case. Stop and asked him to companye to Mhedandi. Search was companyducted with the help of the naval squad which companymenced search at 10.00 a.m. and companytinued upto 6.00 p.m. in the presence of panch witnesses and they found four handgrenades and seven empty cartridges from the creek water. When he reached there he found two more persons present in the room and P.S.I. Shaffi and Rafiq were also present there at such time. 2.25 lakhs by way of seven cheques between December 1992 and April 1993 from the appellant for booking a flat. The said bills were in his handwriting and companytained his signatures. On the next day search was again companyducted by the naval squad and they found, 72 empties. There are entries to this effect in the hand writing of the appellant A 18 . Appeal Designated Supreme Court Court 1. He A 128 was arrested from Bhusawal when he was with his newly wedded wife. Hajwane .Respondent Criminal Appeal No. The appellant A 20 led all of them to the loft by staircase. In respect of the same, the panchanama was drawn which was read over to the panchas and signed by them. They put 59 63 packets companytaining powder in a vehicle. from the said bus stand. The respondent is directed to surrender before the learned Designated Court within a period of four weeks to serve out the remaining sentence, failing which the Designated Court will secure his custody and send him to jail to serve out the sentence. One person with the beard from the persons who were sitting there got up and asked him to leave the hillock otherwise he would be shot by the gun. We have companysidered the rival submissions made by the learned companynsel for the parties and perused the record. 2 lakhs 20. the first charge. first charge. They have already served a sentence of 4 years and 3 months. The police had falsely implicated him in the case. MH 06 5533 which was used on 9.1.1993 did number belong to him. Therefore, the question of any kind of manipulation did number arise. We have heard the rival submissions made by learned companynsel for the parties and perused the record. It was duly supported by Janu Vethkoli PW.378 . 1/1993. Even the order dated 19.10.1995 passed by the learned Designated Court takes numbere of his mental illness stating that he was number in good mental companydition and his health has deteriorated. In view thereof, he had sent letter dated 25.1.1993 Ext. The said workshop was having its shutter down and locked and in absence of the key the police forced open the lock and opened the same. He was the only person who companyld have explained all the questions raised by the appellants before us. Criminal Appeal NO. Rane PW.588 . offence u s.202 of IPC on companynt of himself in spite of being watchman and Government servant has still knowingly and intentionally omitted to give information about offences companymitted in his presence being in possession of companytraband material unauthorisedly. 855 and 855A which has been duly accepted by the Designated Court. 52 We have companysidered the rival submissions made by learned companynsel for the parties and perused the record. Retraction He A 85 retracted his companyfession after moving an application on 8.12.1993 stating that he came to know only after the charge sheet had been filed on 30.11.1993 that he had made a companyfession and in fact numberconfession had ever been made by him. The panchnama of recovery was prepared. The evidence on record falls short to prove the charges against him. They went to Dubai by an Air India flight and reached there at 6.00 oclock in the evening. The previous amount of bribe of Rs.25,000/ was enhanced to a sum of Rs.10 lakhs after a negotiation of about half an hour. Bhal PW.191 on either of the two days as claimed by the prosecution and his thumb impression had been obtained on blank papers while he was in custody of Alibagh Police Station. Payment was made to them from the money received by him for rendering such assistance. He had number companymitted any offence. They had gone there but companyld number open the lock of the godown. The inventory of the said articles was prepared and they were seized. The appeal with reference to appellant A 110 lacks merit and is accordingly dismissed. 203 OF 2008 Shahnawaz Hajwani Ors. In view of the fact that numberlegal evidence which companyld be relied upon by the prosecution is available on record, we do number find any fault with the impugned judgment and order. 13 to 14 thousand Indian rupees. 414 OF 2011 State of Maharashtra thr. 1031 OF 2012 The State of Maharashtra thr. 415 OF 2011 State of Maharashtra thr. 396 OF 2011 State of Maharashtra thr. He had earlier worked in Saudi Arabia and after companying back settled in Bombay. Bombay Sakal dated 9.4.1993 and Krushival dated 13.4.1993. Though he was companypetent to answer as to whether the panch witnesses had been stock witnesses or whether there was any discrepancy in drawing the memorandum panchnama but defence did number ask any question during his cross examination. They got their visa and went to the flat of Eijaz Pathan on the 8th floor of a building near the Sea. Rafiq Rafiq Madi Musa Biyariwala Respondent Criminal Appeal No. The witness produced the companynterfoil of the said bills which were marked Exhibits 1139 and 1146. He also issued a certificate that 13 handgrenades had been defused which were given to Shri V.M. One white Mitsubishi was parked there. So he went inside the factory and slept there. 1030 of 2012 Ahmad Shah Khan SalimAcquitted Dismissed Durani Anr. Hazi Yakub was a friend of Anwars. None of the neighbours of that building have been examined as witnesses. However, he had admitted that he had made that companyrection while registering the said case though it did number bear his initials and he was number in a position to give any reason for number putting his initials and companyrection was necessary as there had been some typographical error. He also saw a cardboard target fixed nearby the hillock. He A 133 stayed at home. While dealing with the remand application vide order dated 8.12.1993, the learned Magistrate made the endorsement to the effect that appellant was suffering from mental illness. He threw the plastic at that place and packed the same in another bundle and took the same with him. He had been paid Rs.1000 for this work. Out of them 8 10 persons were carrying pistols in their pockets. Two three guns were being used for firing. The persons who had threatened him were number known to him. He was the resident of an area in close vicinity of the office of the Crime Branch of the police department. Shri Kumbhar. He has also admitted that certain newspapers had been used for sealing the recovered articles which were of the date subsequent to the date of recovery i.e. He inspected the said spot and drew up the panchanama. Criminal Appeal Nos. They had put the material in a car and left it in the parking of Rahat Manzil. 22/93 and also did number know the name of officer who had registered L.A.C. Shri P.K. A 20 State and A 21 appeal 4. Bhai for about half an hour. VH Rane PW.588 through the Constable. Shri C.U. He had proved the companyplaint as well as the proforma FIR on the basis of the said companyplaint. The panchnama was read over to the companypanchas and it was signed by him and other companypanchas. He recorded the same in the panchanama. This panchnama was companycluded at 23.10 hours on 17.4.1993. SI Patil A 116 had seemed very annoyed. The evidence against all the three respondents had elaborately been dealt with in the companynected appeal filed by them. He has filed Criminal Appeal No. The acts were companymitted by him during early phase i.e. iii Still he did number take any steps regarding the same i.e. No doubt that he has received amount of Rs.1 thousand for work effected by him. However companysidering further events which had occurred at Ghonghar Patta i.e. After preparing the panchnama Ext. Fact and circumstances giving rise to these appeals are that ? Fact and circumstances giving rise to this appeal are that ? It was located in a lonely and deserted place. He took out the hidden articles from the pit by removing the soil and hay and produced the same. The findings of fact recorded by a companyrt can be held to be perverse if the findings have been arrived at by ignoring or excluding relevant material or by taking into companysideration irrelevant inadmissible material. However the same will never change character of act companymitted by him. His uncle had handed over the garage to him 27 years ago. The facts of the case do number warrant interference by this companyrt. The search by the divers swimmers companytinued upto 3.00 p.m. but they were only able to find two handgrenades. It companyroborates the version given in the FIR. Room No. 378 though he promised to pay the same. numbers. or number. The appeal lacks merit and is dismissed accordingly. The appeal lacks merit and is liable to be dismissed. He had given full details of the incident of 5.4.1993. He was number aware of what was falsely forwarded to C.M.M. All the labels signed by him were number pasted upon all the articles. Mental. He recognised the seizure panchnama Exh. Even the case number has wrongly been mentioned. The packet was tied with sutli and it was sealed. 8.4.1993. He has admitted in his cross examination that he had signed a large number of slips labels. 1940 A was received. 650 and 651 on 10.2.1993 in the name of Dhanaji Sakharam Pawar. 23/93 at 1.25 a.m. on 18.4.1993. As they companyld number open the lock they had to break it with an axe. The same was read over to the companypanchas and it was signed by them. The appeal is liable to be dismissed. The appeal deserves to be allowed. No. A. The same were obtained in the office of SP T.S. Ghadshi . Antule. Hussain. and the same is number in relation to A 112. 22/93 and 23/93 and explained that there was a companyrection on the L.A.C. Some of them were bearing markings 71/71. The appeal stands dismissed. Some of them were having marking 661/71 and some of them were of 991/72. He clarified the companyrection regarding L.A.C.Nos. Nava Kaal dated 13.4.1993. 565 in companyrt. The currency in Dirhams was of the value of Rs. The L.A.C. In addition thereto there had been loss of property worth several crores. A cash amount of Rs.1,35,000/ from muddernal Art. It was in view ? MMP 4799 which had been sold to a decorator in 1988. 503 in companyrt. 565 was prepared. 22/93. in reply to Question Nos. S.P. He had worked as a welder in a defence workshop in Kuwait during 1976 1987. It had been companycealed in thickly grown trees and shrubs. The suspect was introduced to the panches. 635 and 636 on 4.2.1993 and bill Nos. No.22/93 had been manipulated and it was shown as L.A.C.No.23/93. He was interrogated by A.C.P. The theory was rejected. Exh.539. C.B.I. S.N. He was innocent. J. P. SATHASIVAM J.
| 0 |
train
|
2013_131.txt
|
98,000. 98,000 from my clientess. 98,000 was unjustified. 30,000. 98,000 by 6.9.71 was number the essence of the companytract. 98,000 within 10 days of the execution of the agreement. 98,000 by the plaintiffs on or before 6.9.71 would entitle the defendant to treat it as a breach of companytract. 98,000 within 10 days from the date of the execution of the agreement was the essence of the companytract. 98,000 was payable within 10 days of the execution of the agreement. 30,000 stood forfeited. The agreement stipulated that a further sum of Rs. 30,000 paid at the time of execution. 98,000 by 6th of September, 1971. The sum of Rs. 30,000 stood rightly forfeited against her. Based on this agreement Chand Rani and her husband filed O.S. The short facts leading to this appeal are as under On 26.8.71, an agreement for sale was entered into between Kamal Rani and Chand Rani. On the date of execution a sum of Rs. 1,78,000 in favour of Chand Rani. This agreement was entered into through the husband of Chand Rani, Niranjan Nath. 25,000 out of a sum of Rs. The plaintiff never tendered a sum of Rs. It was agreed between the parties that Kamal Rani, the vendor would redeem the property by paying off a loan of Rs. Since the plaintiff had failed to pay the sum of Rs. 98.000 within ten days from the date of the agreement, namely, by 6.9.71, the agreement stood annulled and the sum of Rs. It was stipulated in the agreement that the vendor would hand over documents pertaining to the property in the suit together with vacant possession of the first floor by 30.9.71 and possession of the front portion at the time of registration of the sale deed. Under the terms of the agreement, Kamal Rani agreed to sell her house and property companyprising of a freehold plot bearing No. Pending civil appeal, both the appellant, Chand Rani plaintiff and respondent, Kamal Rani defendant died. The plaintiffs were held entitled to the refund of the sum of Rs. The husband of the first plaintiff wanted possession of the ground floor before payment of Rs. At the time of this agreement the first floor of the house had been let out to tenants. 30,000 would stand forfeited in favour of the vendor should the vendee fail to pay the sale companysideration and get the sale deed registered within the agreed time. The possession of the first floor was required to be given at the time of registration of the sale deed. 50,000 was to be paid at the time of registration of sale deed. 30,000 rupees thirty thousand only shall stand forfeited to the 1st party and this agreement deemed null and void. Whether the plaintiffs were ready and willing to perform their part of the companytract? The sale deed was to be executed on or before 31.10.71. Whether time was the essence of the companytract? In defence, the execution of the suit agreement was admitted. He further companycluded that the plaintiffs were always ready and willing to perform their part of the companytract and it was the defendant who was trying to resile from the terms of the companytract. This demand was companytrary to the terms of the agreement. 30,000 was paid by way of earnest money. The insistence of the plaintiffs to obtain the income tax clearance certificate and redemption of the property before the payment of Rs. The balance of Rs. Since the defendant failed to companyply with this demand the suit came to be filed claiming specific performance of the agreement or in the alternative, damages in the sum of Rs. Then companyes the question as to the payment of Rs. In reply to the said letter the plaintiff wrote to the defendant calling upon her to execute the sale deed offering to pay the remaining companysideration at the time of the execution of the sale deed. Likewise, the receipt of the sum of Rs. It was further agreed that the amount of Rs. No doubt, the defendant was to redeem the suit property and to deliver the documents by 30.9.71, However, this had to be done only on payment of Rs. Such an insistence companyld only be regarded as trying to vary the terms of the agreement. She failed to perform her part of the companytract. On trial, the learned Single Judge held that on a reading of the suit agreement payment of Rs. It was alleged that though the defendant Kamal Rani was called upon to companyplete the sale through various letters and numberices, they evoked numberresponse. 30, block K sanctioned place and companypletion certificate from the Municipal Corporation, Delhi in respect of the super structure built on the said plot shall be handed over along with the vacant possession of first floor by 30.9.71 and the front portion of the property by the first party to the second party at the time of registration of the sale deed. 463 of 1971 for specific performance. 1,50,000 including the refund of Rs. However, this stand was taken that the payment of Rs. That the 1st party shall pay all taxes, rates municipal taxes upto the date of registration of the sale deed and that the previous deeds and other documents pertaining to the said plot No. 30, block K, sanctioned plan and companypletion certificates from Municipal Corporation of Delhi in respect of the superstructure built on the said plot shall be handed over alongwith the vacant possession of first floor by 30.9.1971. In fact, the first floor had been got vacant from the tenants by 20.9.71. O.S. O.S No. Inasmuch as the said amount was number paid the defendant was entitled to treat the companytract as having become null and void. On the whole, the transaction failed primarily on account of number payment of Rs. To this effect the defendant addressed a letter on 15.9.71. Therefore, the defendant was number willing to accede to the demand. yards with a double storeyed residential building companystructed thereon along with fittings and fixtures for a sum of Rs. 463 of 1971. The vendor was also to obtain the income tax clearance certificate. 30 Block K, Green Park, New Delhi Village Kharera measuring 311 sq. 15 of 1975 dated 26.10.79, reversing the decree for specific performance passed by the learned Single Judge in O.S. The Division Bench of the High Court on an elaborate companysideration of the oral and documentary evidence held that the number payment of Rs. In the result, the decree for specific performance was set aside. The front portion of the house was already in her possession and delivery thereof companyld easily be made at the relevant time. The property was mortgaged with the Life Insurance Corporation of India. 15/75. If on this account it was treated as a breach it was understandable and companyld number be said to be unjustified. Under these circumstances, the suit is misconceived and is liable to be dismissed. In view of this, he decreed the suit. Aggrieved by the same, the matter was taken up in appeal under R.F.A. This appeal by special leave is preferred against the judgment of the High Court of Delhi at New Delhi passed in R.F.A. Stay appln. To this effect, a decree was granted in their favour. No. It is under these circumstances, the present civil appeal companyes before us. Mohan, J. Two important points came up for companysideration to the trial companyrt. for directions that it be heard by a larger Bench. And therefore we direct that this appeal be placed before the learned C.J. Challenging the same, special leave to appeal was preferred. allowed to be withdrawn.
| 0 |
train
|
1992_555.txt
|
ORDER CIVIL APPEAL NO.1476/2003 WITH Civil Appeal Nos.
| 0 |
train
|
2008_1999.txt
|
7 found Gulwant Singh and Piara Singh dead and Sadhu Singh injured. TABLE I Meghar Singh Gulwant Singh Bhag Singh Sham Kaur Deceased I P.W. In the meantime Gulwant Singh deceased, Bhag Singh P.W. Bhag Singh P.W. because Gulwant Singh was a companymon relation of both of them. The marriage of Shrimati Gurdevo with Dalip Singh was arranged by Gulwant Singh deceased. Ralla Singh took her to the house of Gulwant Singh deceased and left her there. Labh Singh appellant is the wifes brother of Sohan Singh appellant. Mohan Singh and Labh Singh were given life and other sentences. By then Kartar Singh P.W. TABLE II Natha Singh Bashittar Singh Sohan Singh Mohan Singh Acquitted 1 Appellant Appellant 2 brother in law of appellant Labh Singh TABLE III Sarwan Singh Ohumen Singh Sohna Singh Dalip Singh Labh Singh Daughter Name number Appellant brought on record. Labh Singh appellant and his brother Dalip Singh also came to Dholewal and stayed in the house of Sohan Singh appellant. About midnight Bachittar Singh and Sohan Singh accused came to the house of Piara Singh and asked him from outside to companye down to them. She was married to appellant Sohan Singh. Then Labh Singh appellant moved a little and gave with a gandasa two blows to Piara Singh deceased and one to Sadhu Singh P.W. Three of them are brothers, namely, Sohan Singh, Mohan Singh and Bachittar Singh all residents of village Dholewal. 3 , Bhag Singh P.W. When Piara Singh reached a place near the platform Labh Singh shouted to his companyappellants to shoot. Gulwant Singh was stated to have sustained 60 gunshot wounds. Sohan Singh and Mohan Singh appellants took out two .12 bore companyntry made pistols from under the chadars and with the pistols fired a shaft each at Gulwant Singh deceased and Sadhu Singh respectively, both of whom were wounded. Two persons, namely, Gulwant Singh and his sisters son Piara Singh, both residents of the same village, were shot to death at the spot while Sadhu Singh P.W. He is said to be a friend of appellant Sohan Singh. Piara Singh descended from the roof and Bachittar Singh asked him to accompany him to the village gate as he had some business with him. The fourth is Karnail Singh alias Faqiria another resident of that village who is stated to be a pagwat brother of Sohan Singh and the fifth is Labh Singh, a resident of village Chak Sarai whose sister is the wife of Sohan Singh. Gulwant Singh deceased honoured the verdict of the Panchayat and sent away Ghuman and Sohana but Sohan Singh appellant did hot companyply with the decision of the Panchayat. The two persons, Piara Singh deceased and Sadhu Singh, accompanied by Gulwant Singh deceased went up to the roof of the baithak of the house and started settling the accounts relating to the trip to Calcutta and back, in the presence of Bhag Singh P.W. Sadhu Singh was taken to the Civil Hospital and Bhag Singh proceeded to the Police Station. Ghuman and Sohana also disapproved of the relations between Labh Singh appellant and Shrimati Gurdevo, and on July 31, 1969 came to the house of Gulwant Singh In Dholewal. NOTE II Appellant Labh Singh is the son of Gulwant Singhs Deceased 1 wifes sister. This led to the companyvening of a Panchayat on the morning of August 1, 1969 when it was decided that Sohan Singh appellant would turn out Labh Singh appellant and his brother Dalip Singh from his house, and Gulwant Singh deceased would expel Ghuman and Sohana from his house and that Shrimati Gurdevo, who was in a family way, would companytinue to stay with Gulwant Singh deceased till her companyfinement was over. The relationship between Labh Singh appellant and his brothers Dalip Singh on the one hand, and their brothers Ghuman and Sohana on the other, was strained. The prosecution case was shortly as follows Gulwant Singh and Kara Singh both residents of village Dholewal, were the joint owners of a truck. On the same day Sadhu Singh returned from Calcutta with his truck. He used to pay visits to the latter and during those visits used to stay with Sohan Singh and his brothers, namely, Mohan Singh appellant and the said Bachittar Singh. Sohan Singh appellant reached a spot where there was a village platform. Dalip Singh began to reside separately from his brothers, and Labh Singh, who was unmarried, developed illicit Intimacy with Shrimati Gurdevo, to the displeasure of her father Ralla Singh. Karnail Singh appellant who was carrying a .12 bore gun fired a shot and Piara Singh fell wounded on the ground. Before the Sessions Judge, Bachittar Singh was given the benefit of doubt and acquitted and the four companyaccused were companyvicted and sentenced as follows Karnail Singh and Sohan Singh were sentenced to death. Bhag Singh gave evidence on the motive part. Sadhu Singh, Piara Singhs sisters husband was employed by them as the truck driver. Mohan Singh and Sohan Singh appellants surrendered in the Court of the Magistrate on August 5, 1969, while Labh Singh was arrested on August 6, 1969, when a companyntry made pistol was recovered. 3 Sadhu Singh son in law of P. W.7 . He parked the vehicle in a workshop and then reached the house of Piara Singh deceased at about 8 A.M. They included three eye witnesses, namely, Sadhu Singh P.W. 560 of 1970 by Karnail Singh companyvict and Criminal Appeal No. 5 and Shrimati Sham Kaur P.W. Dalip Singhs wife Gurdev Kaur was residing, at the time of the incident on August 1, 1969, with the deceased Gulwant Singh Deceased No I NOTE I Appellant Karnail Singh is number related either to the family of the deceased or the P. Ws. On the dead body of Piara Singh were found 40 gunshot wounds and 2 incised wounds. 5 and Sham Kaur P.W. 700/ to Piara Singh deceased, to whose house, and in whose companypany he returned at about 11 P.M. He took into possession a double barrel gun which Karnail Singh appellant was carrying at the time. 7 Plara Singh son Daughter name number brought Deceased II on record . He rested there during the day and then left for Ludhiana in the companypany of Piara Singh with a view to have repairs done so that the truck companyld be taken to Calcutta the next day. At the trial Bachittar Singh was given the benefit of doubt as a matter of abundant caution and number because eye witnesses have told Has. 5 P.W. She was married to P.W. The F, I. R. was recorded at the Police Station, Sadar Ludhiana, at 3 15 A.M. At first a search for the accused was unsuccessful Later in the day the Sub Inspector was able to arrest Karnail Singh appellant and Bachittar Singh. With regard to the motive part of the prosecution case the High Court observed as follows Taking up the motive part of the prosecution case first, we find it to have been fully established by the testimony of Bhag Singh P.W. He related the story about Gurdevo and the Panchayat decision. He unloaded the truck at Ludhiana. The relationship between the accused and the deceased and the P. Ws. 7 descended from the roof of the baithak. 3 a resident of Kot Sekhon received gunshot wounds. or some of them, had been fired? All the accused then went away firing shots at random. The autopsy on the two dead bodies was carried out on August 2, 1969. 586 of 1970 by the three other companyvicts. And secondly what was the distance from which the shots. would appear from three tables which were given to us during the hearing. or to the accused. In companysequence five persons were jointly tried by the Sessions Judge, Ludhiana, Shri M. L. Verma, for offences under Sections 302, 307, 326 and 324 read with Section 149 and under Sections 147 and 148 of the Indian Penal Code. With regard to the Sessions Courts findings regarding the eye witnesses the High Court said that Light from the moon as well as from the electric lamps lying installed in the vicinity of the place of occurrence was held sufficient for a proper identification of the culprits by the three eye witnesses. 7 . Against the four appellants the charge was fully established. There he joined the three other appellants who were present there. The stand of the five accused persons was one of denial. 7 , neither of whom was seriously sought to be companytradicted in regard thereto during cross examination. Against the judgment of the learned Sessions Judge, two appeals were filed being Criminal Appeal No. The fact that appellants absconded was companysidered as the circumstance indicative of the guilty companyscience. At the trial fifteen witnesses were examined. C. Roy, J. At about 4 or 5 P.M. he made over Rs. This is an appeal by way of special leave from the Judgment and order dated September 16, 1970, of the Punjab and Haryana High Court at Chandigarh. They were also given sentences for imprisonment for various periods. 3 . Their respective versions were substantially the same and were accepted by both the Courts. 4 had also arrived. This was.
| 0 |
train
|
1971_325.txt
|
S. Pathak and G.G. Mr. Pathak sought to 1 1905 5 T.C.160. It had its factory originally at a place called Sitalpur. That place was found to be disadvantageous for the appellants business as sugar cane of good quality was number available in sufficient quantity in the neighbourhood and also as it suffered from ravages of flood. 799 of 1958. 350 of 1962. This case does number seem to us to present any real difficulty. D. Karkhanis and R. N. Sachthey, for the respondent. It arises out of a reference to the High Court of Patna of two questions both of which were answered by the High Court against. Appeal by special leave from the judgment and decree dated November 30, 1960, of the Patna High Court in Miscellaneous Judicial Case No. Mathur, for the appellant. The Judgment of the Court was delivered by SARKAR J. 1963, April 10. the assessee, the appellant in this Court. That claim was rejected. CIVIL APPELLATE JURISDICTION Civil Appeal No. The appellant is.
| 0 |
train
|
1963_244.txt
|
The Tribunal while accepting that the charge had been proved was of the view that the Government should reconsider the question of imposition of the penalty of stoppage of three increments. However, it recommended to impose the penalty of stoppage of three increments with cumulative effect. Reddy, S.U.K. Rao, learned companynsel for the respondent companytends that the Tribunal in disciplinary proceedings had opined that the evidence of the witness was weak and, therefore, it felt like holding that the charge of imposing penalty of stoppage of three increments would meet the end of justice. On the O.A. Sagar, and Bharti Reddy, Advs. The matter was referred to the Tribunal for disciplinary proceeding which after enquiry submitted its report on July 20, 1994, holding that the charge against the respondent had been proved and he was guilty of the charge. The respondent was imputed with a charge that he demanded and accepted a sum of Rs.3,000/ as illegal gratification for refraining from registering a companyplaint in respect of the bribe given, against whom criminal prosecution was to be initiated. for the appellant N. Rao, Ramkrishna Prasad, V.S. having been filed before the Tribunal. Shri L.N. No.238 Home SCA dated July 28, 1995 dismissing him service was issued. G.O.Ms. Thus, this appeal by special leave against the order of Tribunal made on April 23, 1996 in O.A. The Government after companysidering the entire material came to the companyclusion that the respondent deserved to be dismissed from service. Accordingly, order, viz. for the Respondent O R D E R The following order of the Court was delivered Leave granted. No.
| 1 |
train
|
1997_511.txt
|
the reservation of women candidates shall be adjusted proportionately in the respective category to which the women candidate belongs. It was companytended that they had secured higher marks than the selected women candidates and but for the excess selection of women candidates, they would have been selected. According to them, women candidates were selected in excess of their reservation quota, companytrary to the Rules. 261 candidates were successful. They companytended that though the Rules provided for horizontal reservation of 20 for women categorywise, RPSC while preparing the selection list, had wrongly applied the principles of vertical reservation and had selected women in excess of the quota, thereby denying selection of the appellants and other male candidates. It companytended that the process of listing the selected candidates, was in accordance with the provision for reservation. Men M Women W The RPSC companyducted the written examination followed by interviews. The appellants in these appeals along with some other aggrieved candidates therefore filed P. No.4150/2002 seeking a declaration that the selection list dated 30.12.2001, was bad in law to the extent of excess selection of women candidates and for a companysequential direction to fill those vacancies with male candidates. The other five appellants in the companynected appeal were general category candidates. The said writ petition was resisted by RPSC. In the event of number availability of the eligible and suitable women candidates in a particular year, the vacancies so reserved for them shall be filled in accordance with the numbermal procedure and such vacancies shall number be carried forward to the subsequent year and the reservation treated as horizontal reservation, i.e. The High Court dismissed the writ petition by holding that the principles of reservation were companyrectly followed and applied by RPSC. Only 97 of them companyld be appointed, as some vacancies earmarked for SC and ST categories companyld number be filled for want of suitable candidates. The appellant in this appeal, as also the appellants in the companynected appeal, were candidates for selection to the posts of Munsiff Magistrate, in the Rajasthan Judicial Service. Rajasthan Public Service Commission for short RPSC , entrusted with the responsibility of selection, issued an advertisement dated 17.5.2001 inviting applications for filling up 116 vacancies of Munsiff Magistrates. They were number selected. The appellant in this appeal Rajesh Kumar Daria and the third appellant in the companynected appeal Mohan Lal Soni were OBC candidates. of Posts General Category Posts Reserve Posts C. T. B.C. Appellants Vs.
Rajasthan Public Service Commission Ors. 3132 of 2007 Arising out of Special Leave Petition Civil No.22510 of 2003 With Civil Appeal No 3773/2007 Arising out of SLP C No.20652 of 2003 Hari Om Awasthi Ors. The details of the vacant posts were shown as under Total No. They writ petitioners also sought a direction that they should be appointed if it was found that they had secured the necessary marks. Respondents G. Balakrishnan, CJI. CIVIL APPEAL NO. Leave Granted.
| 1 |
train
|
2007_1220.txt
|
The first batch of seven writ petitions was directed against order dated 2.4.2009 passed by the Tribunal in relation to the selection made by the Commission for recruitment of 38 Assistant Public Prosecutors in the Directorate of Prosecution, Government of NCT of Delhi. 10058 of 2009, which was disposed of by order dated 25.1.2010, the Division Bench of the High Court companysidered several writ petitions.
| 0 |
train
|
2011_818.txt
|
The Tribunal followed the earlier decision of the Cuttack Bench in O.A. But in an identical matter, the Calcutta Bench of the CAT referred to the Full Bench as it was brought to the numberice of the Calcutta Bench that a companytrary view had been taken by the Bangalore Bench of the CAT, and that decision had number been brought to the numberice of the Cuttack Bench. The later, Cuttack Bench followed the Full Bench of the Calcutta Tribunal and against the said decision of the Cuttack Bench, aggrieved party came to this Court in SLP which was dismissed, as it appears, from the order dated 28.4.1997. 177/1994, and it is also companyrect that Special Leave Petition against the said decision of the Cuttack Bench was dismissed in limine. The Full Bench of the Tribunal, however, thought it appropriate that the matter should be referred to the 5th Pay Commission and the matter on being referred to the 5th Pay Commission, the Commission has granted the higher scale to these groups of employees with effect from 1.1.1996. This appeal is directed against the decision of the Central Administrative Tribunal, Hyderabad Bench, which was affirmed by the High Court by dismissing the Writ Petition filed against the said order of the Tribunal. Leave granted. No.
| 1 |
train
|
2000_420.txt
|
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.