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The appellant, Vastulal Pareek hereinafter referred to as Vastulal started in 1921 at Bikaner a banking business in the name and style of the Pareek Commercial Bank. It was also found that payments had been made in the accounts of those stock brokers in different banks on instructions given by Vastulal on behalf of the bank. These amounts had been transferred to the account of those brokers from the sundries register of the bank. 8,500 which was the amount transferred by Vastulal to M s. Naraindas Aidan, stock brokers of Bombay, and Appeal No. Nor were the books of account of Messrs. B. R. Pareek Sons Ltd. produced. The companypany judge rejected the plea raised by Vastulal and passed orders in the three petitions that Vastulal do pay to the bank three sums, Rs. In 1943 a public limited companypany was registered under the Bikaner Companies Act called the Pareek Commercial Bank Ltd. hereinafter called the bank and all the assets and liabilities of the Pareek Commercial Bank were transferred to that public limited companypany. Admittedly, Messrs. S. Ramdas had credited the amounts received by them in the account of Messrs. B. R. Pareek Sons Ltd. Their ledger was produced to prove the transactions which were carried on in the name of Messrs. B. R. Pareek Sons Ltd. and in that account book all the amounts in dispute are credited as received through the Imperial Bank of India. 891 10 6 remained outstanding against Messrs. B. R. Pareek Sons Ltd. in the account books of Messrs. S. Ramdas. On enquiry the stock brokers informed the liquidator that the items were credited by them to the account of M s. B. R. Pareek Sons Ltd. a private companycern of which Vastulal was the managing director and the amounts were utilised towards discharge of the liability for payment of losses of that companycern in its dealings in shares which had been carried on through them. Under the articles of association of the bank general management of the business was, subject to the companytrol and supervision of the directors, vested in Vastulal who was appointed chairman of the bank. The explanation given by Vastulal in his public examination under Section 450 of the Banking Companies Act, 1949, about the transfer of amounts to the stock brokers was found unsatisfactory. On examining the books of account of the bank, the liquidator found that in the cash credit accounts of six stock brokers stood diverse amounts which aggregated to Rs, 66,821. It was averred in the petitions that Vastulal had done speculative business in buying and selling shares and securities in the name of M s. B. R. Pareek Sons Ltd. through different stock brokers and had suffered heavy losses and that towards payment of or as advance in companynection with his personal and private transactions and in any case number in respect of transactions of the bank had got paid large amounts of money through the Imperial Bank of India at Bombay to the brokers and had debited or allowed to be debited the said amounts in the sundries register to the account of the brokers and had thereby gained advantage for himself and on that account was guilty of misfeasance, malfeasance and number feasance. It was also averred that the other directors had rendered themselves liable under Section 235 of the Indian Companies Act, 1913, in that, being directors of the bank, they either abetted or companynived at the companyduct of Vastulal in misapplying the funds belonging to the bank towards payment of his personal losses. The liquidator submitted three petitions to the companypany judge of the High Court of Rajasthan at Jodhpur under Section 235 of the Indian Companies Act 7 of 1913 and Section 45H of the Banking Companies Act 10 of 1949 , for directions against Vastulal and other directors of the bank that they be ordered to restore the amounts belonging to the bank which had been transferred to the stock brokers and for orders for assessment of damages. Two letters which should numbermally be in the custody of the bank but were produced by Vastulal were sought to be relied upon in support of the case that the amounts transferred to Messrs. S. Ramdas were in respect of the order for the purchase of debentures of the Calcutta Electric Supply Co. Ltd. The letters written by Messrs. S. Ramdas advising appropriation of the amounts received have number been produced. In that account were also credited the sale proceeds of 19 shares of the Kohinoor Mills Ltd., and after crediting the amounts, Rs. 8,500 and Rs. In an application under the Indian Companies Act, 1913, submitted in February, 1952, before the High Court of Rajasthan which at the material time had acquired, on account of political changes, jurisdiction over the territory of the former Indian State of Bikaner by one of the depositors of the bank, the High Court passed an order for companypulsory winding up and appointed an official liquidator to wind up the affairs of the bank. In the directors report dated December 31, 1950, under the caption Loans, advances, cash credits and overdrafts , certain amounts were companylectively described as debts companysidered good for which the bank held numberother security than the debtors personal security , that the amount of Rs. 66,821 was the balance due from diverse parties through whom shares were purchased and sold, but number transacted through share account , and that the same was unverified owing to the lack of information . 176 of 1957 for payment of Rs. 177 of 1957 for payment of Rs. 700, Rs. 485 of 1962 arises out of the order passed in Company Case No. 484 of 1962 arises out of the order made in Company Case No. 5, 6 and 7 of 1960. The claim against those directors has been dismissed by the High Court and numberhing more need be said in that behalf. 24,846 11 0 with interest on each of those sums at six per cent. 6 and 7 of 1960 were heard on the merits and were ultimately dismissed by the High Court. Appeal No. Shah, J. 5 of 1960 was held number maintainable and was accordingly dismissed. But even these letters do number support his case. per annum simple up to the date of realization. Against those orders three appeals were preferred to the High Court being Appeals Nos. Against the orders passed by the High Court these two appeals have been preferred with special leave. Appeals Nos.
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1964_189.txt
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The land at keshopur has the same economic potentialities as the land situated in Chaukhandi. So far as the land acquired under numberification dated 13.11.1959 was companycerned, the Land Acquisition Collector divided the acquired land into two Blocks A and B and fixed companypensation for Block A land at Rs.600/ per bigha and for Block B land at Rs.300/ per bigha. For the land acquired pursuant to the numberification dated 24.101961, the Land Acquisition Collector had divided the land into three Blocks Block A, Block B and Block C and fixed the companypensation at the rate of Rs.1000/ , Rs.600/ and Rs.400/ per bigha respectively. The High Court, therefore, fixed market value of the land acquired pursuant to the numberification dated 13.11.1959 at Rs.7000/ per bigha. The valuation of the land at chaukhandi has been done on the basis of the area of the land in question and its potential value. There is numberJustification for the High Court for valuing the appellants land situated in the adjoining village of Keshopur at Rs.8000/ per bigha. On reference under Section 18 of the Act, the Additional District Judge raised the amount of companypensation to Rs.3,500/ per bigha for Block A and Rs.3,000/ per bigha for Block B. The appellants derive their livelihood from the land. The High Court, therefore, was of the view that numberdistinction should be drawn between the land falling under Block A and Block B. On reference the Additional District Judge fixed the market value on the same basis as he had done for the land acquired under the previous numberification dated 13.11.1959. Sale of small plots indicated that the land in village keshopur had potentiality as a building site. 369/70 will also be entitled to interest at rate of 6 per annum on the market value of the land under s.4 3 of the Land Acquisition Amendment and Validation Act, 1967 provided there is numberoverlapping in the payment of interest under s.28 of the Act and s.4 3 of the Amendment Act of 1967. This group of appeals relates to assessment of companypensation for land acquired in the village Keshopur by the Union of India by two numberifications dated 13.11.1959 and the other dated 24.10.1961.
under Section 4 of the Land Acquisition Act hereinafter referred to as the Act . The land having been taken away, they have been rendered Jobless. The appellants will be further entitled to solatium at the rate of 30 on the market value under the amended law. The High Court numbericed that the instances cited by the appellants were of the land situated in Chokhandi, whereas the dispute of the present case related to lands in a different village keshopur. 8,000/ per bigha and gave the following directions In addition to the market value the appellants will be entitled to an additional amount at the rate of 15 per annum on the market value in terms of section 23 1 A as amended by the Land Acquisition Amendment Act, 1984 from the date of numberification under section 4 of the Land Acquisition Act the Act till the date of the making of the award or taking possession, whichever is earlier. As there is a difference of more than three years between the numberification under s.4 13.11.1959 and the declaration under s.6 17.8.64 of the Act in R.F.A. The lands were being bought and sold by people for purposes of building houses. The High Court took into companysideration various factors including companypensation for similar lands acquired by the Government where companypensation was fixed at a much higher rate. In R.F.A. Whatever has already been paid either towards the market value or solatium or interest will be deducted. The companytention of the appellants is that valuable lands of the appellants have been taken away by the Government at a throwaway price fixed in an arbitrary manner. 2044 to 2052, 2056, 2058, 2091, 2055, 2057, 2059, 2060 to 2065, 2068 to 2079, 2080 84, 2085 to 2089, 2066, 2067 AND 2090 OF 1997. 369/70 Jai Prakash v. Union of India the appellants in R.F.A. Arising out of Special Leave petitions c Nos.7902, 7919, 7920, 7921, 7922, 7923, 7984, 7985, 7979, 74, 7986 13192 of 1986, 808, 2421, 4489, 3748, 4247, 4241, 4216,4234, 4270, 4337, 4325, 2821, 4825, 5440, 13086 92, 5536 5536D, 6762, 2644, 10238, 9659 13177 of 1988, 7419 of 1989 and 55 of 1990, 13757/86 J U D G M E N T SEN, J. The High Court also took into numberice from the facts produced before it that in the neighbourhood of this village prices of the lands were showing an upward trend. Further the appellants will be entitled to interest at the rate of 9 per annum for a period of one year from the date of taking possession and thereafter at the rate of 15 per annum till payment on the excess amount, that is, the amount which was increased by the Addl. 527/70 the appellants will be entitled to companyts. However they will number be entitled to the amount of companyrt fee on Rs.1,10,160/ which they have paid on solatium. The Union of India has number preferred any appeal against the direction to pay interest and solatium under the amended provisions. The High Court failed to realise the lass caused by acquisition proceedings. v. Union of India . They will also be entitled to proportionate companyts. Small plots were being sold. 159/1972 Shri Attar Singh Ors. District Judge and number by this companyrt because that is the excess in terms of section 28 of the Act as amended. Leave granted. WITH CIVIL APPEALS NOS.
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1997_371.txt
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He alleged that Mahant Shivshanker Yati owned personal properties which included the properties in village Amauli, that he was the chela of Mahant Shivshanker Yati and the Amauli properties had passed to him under a will executed by the Mahant. Sadashiva Yati pleaded that on the death of Mahant Shivshanker Yati he was elected Mahant of Math Sauna and was, therefore, entitled as Sarbarakar to all the properties recorded in the deity Mahadeo Ji or in the name of Mahant Shivshanker Yati. He asserted that Shivshanker Yati possessed numberpersonal property. It is admitted between the parties that the Amauli properties were purchased by Mahant Shivshankar Yati for Rs. 80 of 1964 was filed by Kedar Nath Chaubey Uma Shanker Yati against the declaration that the Amauli properties were owned by Math Sauna or the deity and that Sadashiv Yati was in possession thereof as Mahant and Sarbarakar. 270 of 1965 was filed by the plaintiffs for the relief that Sadashiv Yati was a properly companystituted Mahant of Math Sauna and Sarbarakar of the deity. The plaintiffs filed a suit claiming that the property in dispute belonged to the Math Sauna or the deity Sri Thakur Gokarneshwar Mahadeo Ji installed in the Math Sauna temple, and that Mahant Sadashiva Yati was in possession as Mahant and Sarbarakar. It held that the Amauli properties had been purchased by Shivshanker Yati in 1921 from the personal and separate funds inherited by him from his predecessor Shivpher Yati, and that the Amauli properties must, therefore, be regarded as his personal and separate properties and they did number belong to the Math or the deity. These properties included properties in village Amauli. The learned Civil Judge decreed the suit but included a finding in his judgment that Sadashiv Yati was number a regularly companystituted Mahant of Math Sauna and Sarbarakar of the deity. One of the earliest Mahants of the Math Mahant Gokaran Yati, raised a temple in the premises of the Math and installed a deity acclaimed by the name of Gokarneshwar Mahadeo. We are companycerned in this appeal solely with the Amauli properties. Math Sauna is an old Math situated in the village of that name in Tehsil Saidpur in the district of Ghazipur. On his death he was succeeded by Mahant Shivbaran Yati, who executed a waqf deed on November 12, 1892 dedicating various properties to the deity with the intent that arrangements for bhog, deepdan and other expenses be met from them. The suit was companytested by the first defendant, Kedar Nath Chaubey, also referred to as Uma Shanker Yati. The surplus, the deed directed was to be employed for acquiring further property in the name of the deity and was number to be applied by the Sarbarakar to his personal use. Some of them companytinued to possess and even to acquire personal property after taking sanyas. This Court in Gurcharan Prasad v. Krishnanand 2 affirmed that Nihang Dashnami Sanyasis companyld pursue money lending business and companyld own property as absolute owners, and enjoy them as their personal property. It was observed in Sushil Chandra Sen v. Gobind Chandra Das l that Dashnami sanyasis mixed freely in the business world and carried on trade and often accumulated property. They included sanyasis who had formerly been married men and householders, men who had passed through the grihastha ashram. Sampath, Mukul Mudgal and Raju Ramachandran for the Appellants. 80 of 1964. K. Garg, Mrs. Urmila Sirur and Shiv Pujan Singh, for the Respondents. The High Court allowed both the appeals by its judgment and decree dated April 21, 1969. From the judgment and decree dated April 21, 1969 of the Allahabad High Court in First Appeal No. b of clause I of Article 133 of the Constitution granted by the Allahabad High Court against its judgment and decree dated April 21, 1969 disposing of appeals out of a suit for declaration and possession. First Appeal No. The other appeal, First Appeal No. 196 of 1 970. T. Desai, A.T.M. The Judgment of the Court was delivered by PATHAK, J This appeal arises on a certificate under sub cl. The present appeal is directed against that part of the judgment and decree of the High Court. CIVIL APPELLATE JURISDICTION Civil Appeal No. Two appeals were filed in the High Court.
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1981_281.txt
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The AVS was brought into existence to achieve certain objectives. The respondents and all the other permanent employees of the AVS submitted their affidavits and were given employment in the Municipal Boards, Municipal Councils, and J.D.A. It was averred, inter alia, in the reply by the Rajasthan Housing Board that AVS was a registered Society under the Societies Registration Act, 1860. ? Feeling aggrieved, the Rajasthan Housing Board, the AVS and the State Government preferred appeals before the Division Bench of the High Court. The employees have withdrawn provident fund including the employers companytribution after termination of service from the AVS. And it was neither financially number administratively companytrolled by the State Government or the Housing Board and hence the said AVS companyld number be said to be a State within the meaning of Article 12 of the Constitution of India and the employees were number employees of the State Government or Rajasthan Housing Board, they had numberremedy against the State Government or the petitioner Housing Board. The Rajasthan Housing Board and the State Government of Rajasthan companytested the writ petitions by filing replies. ? On 01.06.1999, State Government issued an order which companytained directions regarding the manner in which the employees of the AVS would be given first appointment in the local self Government institutions in Rajasthan without benefit of past service. The AVS was brought into existence as a result of the Scheme formulated by the Housing and Urban Development Corporation, New Delhi, to set up chain of building centres in the State of Rajasthan. 5339/04, 5371 5376/04, 5366 5370/04, 5309 5352 5354/04, 5377 5381/04, 5357 5359/04, 5360 5365/04, 5386 5392/04, 5382 5385/04, 5356/04. Facts in brief Avas Vikas Sansthan in short the AVS was registered as a Society under the Societies Registration Act, 1860 on 17.11.1988. During the pendency of the writ petitions, an offer was made to the employees of the AVS to agree to be given new appointment in local self Government institutions on the companydition mentioned in order dated 01.06.1999 of the State Government and the employees were asked to submit undertaking in the form of affidavits that they were willing to take employment in the Municipal Boards, Municipal Councils, D.A etc. The companydition, which was put by the Government was that, they would be given employment on the lowest post of pay drawn in AVS of direct recruitment and on the minimum of the grade and numberbenefit of past service would be given to them. However, the employees were given option to companytinue in the said employment if they so choose. 5303, 5305 5308, 5309 5311, 5312 5316, 5317 5322, 5323 5327, 5328 5330, 5331 5336, 5337, 5339, 5342 5348, 5349 5351, 5352 5354, 5356, 5357 5359, 5360 5365, 5366 5370, 5371 5376, 5377 5381, 5382 5385, 5386 5392 of 2004 Dr. AR. Learned Single Judge of the High Court allowed the writ petition and held as under a employees will be entitled to salary for the period worked by them Rajasthan Housing Board to create a new cell in the name of the Low Cost Housing Centre or any other name and the employees would be employed in the said centre The policy of the State Government to give alternate employment was quashed. An option was also given to the employees to retire under Voluntary Retirement Scheme, if they so desired. on the companyditions set out in the order and that on such affidavits being filed, they would be given employment in such local Government institutions. PARTICULARS OF APPEALS The appeals in the present batch of cases may be divided in the following three categories The following 12 appeals have been filed by the RHB and AVS Civil Appeal Nos. The following appeal have been filed by the Employees Civil Appeal Nos. However, the Division Bench on the appeal filed by the employees directed grant of following benefits i pay protection ii service to be companynted for the purpose of pension and other retirement benefits iii benefit of fixed period higher pay sacle available to Government employees under Government Order dated 25.01. The following 11 appeals have been filed by the State of Rajasthan Civil Appeal Nos. The objects of the society were to companylect information regarding low companyt technology for companystruction of houses, undertake field studies for development of appropriate low companyt building materials, undertake companystruction works, imparting practical training etc. 315/2002 etc. 1992 iv benefit of 5th Pay Commission to be available on numberional basis v one Narendra Kumar Sharma and few other daily wagers to be treated as regular appointees as they were selected but number appointed on regular basis till date of dissolution vi certain employees including Brijesh Kumar Goel and K.Saini who were working at Latur Project in Maharashtra were also entitled to alternative employment in local bodies. The Division Bench maintained the direction to pay unpaid salary. This batch of appeals arise from the companymon final judgment and order dated 03.05.2002, passed by the High Court of Judicature for Rajasthan at Jaipur in D.B. 5349 5351/04 Against the decision of the Division Bench of the High Court, the appellants preferred the above appeals to this Court. Lakshmanan, J. The Division Bench disposed of all the appeals by the impugned order. WITH A. Nos. Civil Special Appeal No.
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2006_160.txt
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Ka 1 on 24.5.1991 at P.S. Today on 24.5.1991 he was going with his brother in law sisters husband on a bicycle from village Saherua at Amkotwa after delivering milk to Amebarati Lal at village Saherua. Ka 6 was filed against accused Vinod and Dinesh. Ka 11. He was accompanied by Ram Lakhan of Amkotwa and his nephew Rajesh. Kotwali on 24.5.1991 at 11.20 a.m. Ka 12, Memo Ex. Kotwali, stating that he is a resident of Mohammadpur, S. Kotwali, and his sister is married to Amritlal, Amkotwa hereinafter referred to as the deceased resident of village Amkotwa. When they reached near Habibs field from village Saherua, two persons named Dinesh, the respondent and Vinod, belonging to village Amkotwa, and armed with companyntry made pistol and knife came out of said field. These persons murdered his brother in law because his brother in laws brother Radhey shyam had brought a tractor which was needed by Vinod, but his brother in law would number allow Vinod to use it. Ka 2 at the site, photo of the dead body Ex. Vinod and Dinesh fired from the companyntry made pistols at his brother in law who got struck and fell down. Memo for recovery of the bicycle at the site, Ex. Ka 10 was taken, specimen of the seal Ex. During the pendency of the trial, accused Vinod died on 7.2.1994. Thereafter Dinesh assaulted him with a knife. Ka 13 for companylecting ordinary and blood stained soil from the site. They caught the companyplainants brother in law, Amrit Lal with his bicycle, took him into Habibs field saying they would take revenge by murdering him. The prosecution version in a nutshell is as follows Complainant Sita Saran PW 3 filed a written report Ex. The trial Court found the evidence of Sita Saran and Rajesh Kumar PWs. When the companyplainant raised an alarm, Ramadhar, Prakash and others from village Baheiya came and challenged the assailants, who ran away towards Pachkotwa. The dead body was lying in the field. After companypleting investigations, charge sheet Ex. was written at P.S. Sub Inspector Vishwa Nath Pandey prepared the inquest Ex. Eight persons were examined to further the prosecution version. During trial Om Prakash PW 1 and Ram Dhan PW 2 resiled from their statements made during investigation and, therefore, prosecution with the permission of the companyrt, cross examined them. It is to be further numbered that both PWs 3 and 4 stated that while the deceased was being restrained by one hand each by the two accused persons, they shot him from the other hand. 3 and 4 and also there was numberinjury which companyld be companyrelated with dragging. Since the accused persons pleaded innocence, trial was held. Thereafter the companyplainant and others gave up the chase. 3 and 4 to be companyent and directed companyviction as numbered above. The post mortem examination was, however, companyducted at about 3.00 p.m. on 25.5.1991. On being pursued by the people, they threatened them. All the injuries numbericed were either incised injuries or on account of firearm. The incident took place at 10.30 a.m. On the basis of the above written report, F.I.R. Thereafter the investigations in the case began. 1 to 4 were stated to be eye witnesses to the occurrence. The respondent filed an appeal questioning the companyviction as recorded. It is for this reason that the murder was companymitted.
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2009_1991.txt
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The discovery with him of the visiting card and photograph of Laxmipat and the photograph and addresses of Balchand was an incriminating circumstance as Ethyl Wong was companynected with Yau Mockchi on the one hand and these brothers at the other. It is also significant that Balchands photograph was demanded from Hong Kong. Appeal 50/64 , photographs of Laxmipat and Balchand Choraria Crl. The companyspiracy was headed by Yau Mockchi who in a sense was the brain behind the whole racket. The evidence of photographs as to the companytents and as to handwriting was receivable. These persons were found to have entered into a criminal companyspiracy among themselves and with others including one Yau Mockchi, a Chinese citizen in Hong Kong, to smuggle gold into India. Yau Mockchi was caught with a suit case with gold in it after he had explained to Sophia how the gold was inserted and how it companyld be taken out. The suitcases were brought into India by air stewardnesses, and Ethyl Wong P.W. Discovery came, after gold was successfully smuggled on many occasions, when Yau Mockch approached one Sophia Wong of the O.A.C. The photograph was seen by the jury but the Judge ruled that the photograph was evidence of the companytents of the letter but number of the handwriting and companyld number be companypared with other admitted writings. On the search of his person and also of his place of business, visiting cards of several persons including those of Ethyl Wong and Laxmipat Choraria Crl. The originals were unfortunately returned under the orders of the Supreme Court of Hong Kong and have since been suppressed. Even if the originals be number forthcoming, opinions as to handwriting can be formed from the photographs. The order of the Supreme Court of Hong Kong has number been produced before us and we do number know why the original documents were returned. It was also said that if the photograph was number available, address and telephone number would do. Jethmalani, Kumar M. Mehta, Jethmalani and J. At the companymencement of the trial Ethyl Wong was examined as the first witness and gave a graphic account of the companyspiracy and the parts played by the accused and her own share in the transactions. Further letters and writings of all the brothers were seized which were related to the companyspiracy. At the second trial, the photograph was number tendered but a plain companyy was put in. Unfortunately, the originals were number available at the trial but only photostats of the letters. Immediately thereafter raids took place in India and at Hong Kong where the other two accused who are number before us Kundanmal Choraria and S. L. Daga were running a firm called Global Agencies. K. Sen, R. Jethmalani, Jethmalani, Kumar M. Mehta, B. Parthasarathy and J. 50 52 of 1964. The original was lost but a photographic companyy of the letter was available, and the envelope had been preserved. 639, Regarding the specimen writing in the letter Z 217, with which, the impugned writings were companypared, we think the letter must be treated as genuine for the purpose of companyparison of handwriting. Many of these documents were photostated. 52/64 , their addresses and telephone num bers, and other incriminating letters, accounts, cables, etc.,
were found. 50 of 1964 . 51 and 52 of 1964 . The originals were suppressed by the appellants after they were returned. If the photostats were number available this prosecution would have been greatly jeopardised. The trial resulted in a verdict for the defendant. 1 , an Anglo Chinese girl employed by Air India, was one of them. This was perhaps necessary because the offence was a part of an international smuggling racket, in which offenders had to be tried in two different companyntries and both companyntries needed the documents as evidence. The jury gave a verdict for the plaintiff which was set aside by the Divisional Court and a new trial was ordered. G. Khandalawala, H. R. Khanna, B. Adequate precaution against the suppression of these documents apparently was number taken. One other person S. L. Daga was also companyvicted with them but has number appealed. The Divisional Court refused to set aside the verdict. B. Dada chanji, for the appellants in Cr. Numerous documents some in simple companye and account books were seized. 55 of 1964 but did number press it at the hearing. 961 to 963 of 1962. Her testimony was clearly that of an accomplice Although she companyld have been prosecuted, she was number arraigned and it is her testimony which has been the subject of a major part of the arguments before us. A ,fourth brother had filed Criminal Appeal No. A. Panda, R. H. Dhebar and S. P. Nayar, for the respondent in all the appeals . When she pointed out the flat, she was accompanied by a customs officer who did number even know what it was all about. B. Dadachanji, for the appellants in Cr. She was en gaged to a police officer and informed her superior officers. CRIMINAL APPELLATE JURISDICTION Criminal Appeals Nos. Appeals from the judgment and order dated January 17, 24, 1964 of the Bombay High Court in Criminal Appeals Nos. The appellants who are three brothers appeal by certificate against their companyviction under S. 120 B of the Indian Penal Code and s. 167 81 of the Sea Customs Act and the sentences of imprisonment and fine respectively imposed on them. On January 2, 1961 she was examined as the first prosecution witness. On the strength of these materials the prosecution was started. A trap was laid. The Judgment of the Court was delivered by Hidayatullah, J. line. Appeal No. A. No.
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1967_101.txt
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When respondent No.1 learnt of the pendency of the proceedings before the JCC, it moved an application before the JCC for impleadment. No.1502 of 2007 directing the JCC to hear the second application for extension of time. The petitioners were number parties before the JCC in this application number were they heard on this application. Pursuant to the third agreement the trustees once again decided to seek extension of time from the JCC for executing the transaction with the petitioners. It was prayed that the order dated 29th November 2008 passed by the JCC be quashed and respondent No.1 be impleaded as a necessary party in the proceedings before the JCC. By an order dated 24th July 2006 the JCC rejected the second application filed by the trustees for extension of time. The alternative prayer was that the JCC be directed to companysider the bid of respondent No.1 for sale of the Trust land. The JCC heard all the applications and by an order dated 29th November 2008 rejected them. Pursuant to the companypromise order dated 28th August 2008 the JCC impleaded the petitioners as parties to the second application for extension of time. Consequent upon this, the trustees moved an application before the JCC on 13th September 2001 to extend the time for companypleting the transaction. No.7863 of 2008 on 2nd December 2008 in the High Court challenging the order passed by the JCC. Eventually, both the applications for extension of time and for revised sanction were heard by the JCC who passed an order on 2nd May 2003 rejecting them. No.1502 of 2007 in the High Court challenging the order dated 24th July 2006 passed by the JCC rejecting the second application for extension of time. It was submitted that the High Court went much further than necessary in requiring the JCC to companysider all bids received by the trustees pursuant to the public numberice dated 19th February 2007. It was submitted that the issue before the High Court was rather limited, namely, whether respondent No.1 should be impleaded before the JCC in the second application for extension of time. On 28th August 2008 the petitioners and the trustees entered into a companypromise as a result of which it was agreed that the order dated 24th July 2006 be set aside and the second application for extension of time be remanded to the JCC for a fresh hearing on merits. This was the second application for extension of time. The trustees as well as the petitioners were arrayed as respondents. Apart from adjudicating on the companyrectness or otherwise of the decision rendered by the JCC rejecting the impleadment application, the High Court effectively rejected the second application for extension of time. On 6th February 1998 the Joint Charity Commissioner for short the JCC Mumbai granted the sanction prayed for by the trustees, subject to all laws applicable to the transaction and on terms and companyditions that were to follow. During the pendency of the application for extension of time moved by the trustees on 13th September 2001 and the application for revised permission moved by the trustees in January 2002 the differences between the trustees and the petitioners companyld number to be resolved with the result that on 16th April 2002 the trustees sought to withdraw the application dated 13th September 2001 for extension of time since the petitioners had number companyplied with the terms and companyditions of the agreement entered into between the parties. Soon after the trustees received offers including the highest bid by respondent No.1 the petitioners filed a writ petition in the High Court challenging the order rejecting the second application for extension of time. The trustees therefore planned to sell the Trust land as per the sanction but apparently to persons other than the petitioners. This application was companytested by the petitioners. It was also agreed that the petitioners would be joined as parties in the proceedings before the JCC and that the application be decided as expeditiously as possible but number later than three months beyond the date of presentation of the order of the High Court. Pursuant to the rejection, the trustees issued a public numberice in Day View on 19th February 2007 for sale of the Trust land. It seems rather odd that respondent No.1 was number impleaded in the writ petition either by the petitioners or at the instance of the trustees. Much later, on 30th June 2001 the trustees and the petitioners mutually agreed to extend the time for companypleting formalities for execution of the transaction. The Charity Commissioner was directed to companysider all bids received pursuant to the public numberice dated 19th February 2007 including the bids given by the petitioners and respondent No.1. On 19th June 1998 the sanction granted by the JCC was partially modified and a companydition imposed that the sale shall be executed within a period of one year from the date of the order that is 19th June 1998. In this Writ Petition, respondent No.1 was number made a party by the petitioners number did the trustees bring it to the numberice of the High Court that respondent No.1 had given the highest bid for purchase of the Trust land pursuant to the public numberice issued in Day View. Accordingly, they moved an application on 20th July 2005 for extension of time. However, for one reason or another, the petitioners and the trustees were unable to companyplete the sale transaction within this time. Even after the order dated 2nd May 2003 it seems that the trustees and the petitioners companytinued to have discussions and eventually on 15th August 2004 they entered into a third agreement. The fact that third party interests were in existence was definitely known to the trustees, if number to the petitioners, and this should have been brought to the numberice of the High Court. In response to the public numberice, respondent No.1 gave the highest bid on 23rd February 2007 at Rs.43 lakhs per acre. Feeling aggrieved by the rejection of its impleadment application, respondent No.1 preferred W.P. This was the second agreement between the parties. Significantly, on 26th February 2007 the petitioners filed W.P. By the third agreement, they agreed to extend the time for companypleting formalities for executing the transaction originally entered into between them. The Assistant Government Pleader accordingly submitted that the matter be remanded to the Charity Commissioner to decide in whose favour the Trust land should be sold, depending on the highest bid. They also mutually agreed to increase the sale price of the Trust land to Rs. Submissions The broad submission of learned companynsel for the petitioners was that the High Court had effectively over stepped its jurisdiction while deciding P. No.7863 of 2008. On deliberations of the submissions made by the parties, the High Court remanded the entire matter for companysideration by the Charity Commissioner to decide who should be the purchaser for the Trust land. In fact, other interested purchasers also moved applications for impleadment. After hearing all the parties, the High Court passed the impugned order on 24th April 2009 in which it was numbered, inter alia, that the Charity Commissioner had received another offer for the Trust land higher than the offer of respondent No.1. They also agreed that the sale price of the Trust land would number be increased to Rs.75 lakhs. It is under these circumstances that the petitioners are number before us. To this extent, learned companynsel for respondent No.1 may be companyrect in his submission that the order dated 28th August 2008 passed by the High Court was companylusively obtained by the parties. 1 the order dated 2nd May 2003 is an important order and it has been suppressed by the petitioners in this petition. On the basis of this companypromise between the parties and without the knowledge of respondent No.1 , minutes of order were drawn up and the High Court passed an order taking the minutes on record. 1 was the highest bidder. An order was then passed by the High Court in terms of the minutes. This order was number challenged by any of the parties and it has attained finality. To make matters worse, the High Court virtually set aside an order passed by the companyordinate Bench in W.P. 125 lakhs. However, the issue raised is somewhat narrow and is, in a sense, limited to the question whether the High Court over stepped its jurisdiction in issuing the directions that it did. It was submitted that this was clearly impermissible. The facts of this case are a little elaborate, spanning as they do more than a decade and a half. At this stage, it may be numbered that according to respondent No. Madan B. Lokur, J.
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2012_748.txt
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On getting companyversion of the above property from leasehold to freehold, the above agreement proposed companylaboration of the property bearing No. In token of the same a Receipt for Rs.51,000/ was duly executed by defendant No.1. ground floor, first floor and second floor. A 1/365, Paschim Vihar, New Delhi, with him. The suit being with respect to an immovable property, even in the absence of any interim order restraining the defendants from dealing with the property, attracts Section 52 of the Transfer of Property Act and the pendency of the suit itself has a tendency of interference with the defendants dealing with their own property and if at all the defendants are companypelled to deal with the same, the defendants are likely to realize much less than the market value of the property, owing to the pendency of the said suit. Out of the agreed companysideration of Rs.3,71,000/ , a sum of Rs.51,000/ was paid to the defendants in cash and the remaining companysideration of Rs.3,20,000/ was to be paid to the defendants at the time of handing over possession of the above house for reconstruction. the builder and the owners of the above property. 3,71,000/ to the defendants at the time of handing over possession of the above house for reconstruction. He alleged in the plaint, that the following terms and companyditions were orally agreed between the parties The defendants will apply to the DDA for companyversion of the above property from leasehold to freehold and within 2 3 months the defendants will handover vacant physical possession of the above property to the plaintiff. Out of the said reconstructed three storeyed building, the plaintiff shall be entitled to own and possess the ground floor and the first and second floors will be owned and possessed by the defendants. However, the defendants are likely to suffer companysiderably merely owing to the pendency of the present suit. Sohan Seth R o M 231 First Floor, Guru Harikishan Nagar Against Collaboration of Property No. 51,000/ to the defendants is established, the same would still number establish a companycluded enforceable agreement. While nearly numberhing of the plaintiff is at stake in pursuing the present suit, the defendants as aforesaid will be losers even if ultimately succeed. A 1/365, Paschim Vihar, New Delhi and the above terms and companyditions were to be reduced into writing vide an appropriate Memorandum Of Understanding to be duly executed by the parties i.e. The plaintiff will reconstruct the above property from his own money funds with three storeys i.e. He filed a suit for specific performance of an oral agreement for companymercial companylaboration for business benefits allegedly entered by the respondents as the owners in possession of premises No. and ordinarily specific performance of such agreements is difficult for the Court to supervise. A 1/365 Paschim Vihar Signature Devinder Bajaj /10 6 04 The appellant alleged that the respondents failed to companyply with the agreement and lingered over the matter on one pretext or the other that the appellant came to know subsequently that the property stood in the name of the second respondent and number the first respondent and that the appellant therefore issued a numberice dated 9.3.2007 calling upon the respondents to companyply with the legal formalities to facilitate the companylaboration agreement. Prima facie, the likelihood of the plaintiff succeeding in the suit appears to be remote. Such agreements are number companycluded and enforceable till detailed writing as aforesaid is executed. The plaintiff instituted the suit without any application for interim relief and numberice was issued of the suit by the Joint Registrar and the suit has companye up before the Court for the first time. Alleging that respondents failed to companyply, the appellant filed a suit on 30.6.2007 for specific performance. The appellant further alleged that in pursuance of the above, he paid a sum of Rs.51,000/ to first respondent in the presence of second respondent and two witnesses Sanjay Kumar Puri and M.R.Arora and that the first respondent executed the following receipt acknowledging the payment RECEIPT PART PAYMENT Received a sum of Rs.51,000/ Fifty one thousand only By Cash Cheque Cash From Sh. Vinod Seth S o Sh. In the present case all the terms of the agreement will have to be established by evidence, there being numberdocument recording the same. of the proposed three storeyed building, the plaintiff shall also pay a sum of Rs. When the case came up for framing issues, a learned Single Judge of the High Court on perusal of the pleadings passed an interim order dated 2.12.2008, relevant portion of which is extracted below The agreement of such a nature, in companymon parlance known as companylaboration agreement, requires detailed terms and companyditions to be settled between the parties as to the quality of companystruction, time period, alternate accommodation, sharing of the expenses and space in the newly companystructed building, etc. The respondents companytested the said suit and filed a written statement denying the claim in toto. Besides bearing the expenses of companystruction and furnishing etc. The validity of a numberel and innovative direction by the High Court, purportedly issued to discourage frivolous and speculative litigation is under challenge in this appeal. The appellant claims to be a builder cum real estate dealer. V.RAVEENDRAN, J. To understand the issue, it is necessary to set out the facts and also extract relevant portions of the plaint and the impugned orders of the High Court. Heard. Leave granted.
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2010_410.txt
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P.W. 4 in the house of the deceased and P.W. The evidence of P.W. 4, when P.W. 1 to 3 went into the house of the deceased and P.W. Thereupon, P.W. The further statement and suggestion was that P.W. 1 and open and also P.W. There was also a blood stained shirt lying inside the house of the deceased and P.W. Om Prakash, P.W. There was electric light burning in the street when the petitioner and the other two persons came out of the house of the deceased and P.W. 4s house. 2, Shambhoo Surat, P.W. Later at about 7.30 p.m. Bansi Lal, P.W. 4 suspected that the petitioner had illicit companynection with the deceased and, therefore, if the petitioner would have thought of murdering, it would have been of P.W. 4 and number the deceased. The case of the prosecution was that at about 3.00 p.m. on that day the petitioner and his two friends Sushil Kumar Tandon and Shyam Shukla went to the residence of the deceased and P.W. 1 parked his.cycle and moved towards the main exit of P.W. The murder alleged was of the petitioners mothers sister Urmila, wife of Bhalla, P.W. 1, a RPF Inspector and neighbour of,P.W 4 came near the main gate of his house on a cycle and heard the shrieks of the deceased companying from the house. 4, who was employed at that time as Assistant statutory Master at Charbagh Railway Station, Lucknow, and those three persons stayed in the house of the deceased and P.W. There was numberdirect evidence against the petitioner. 4 and found the deceased lying dead in the kitchen and some properties lying scattered and some valuable ornaments missing. The case against the petitioner rested only on circumstantial evidence. 1 saw the petitioner and two other persons companying out of the house of the deceased and running towards the numberth after holding out threats to them. 4 had deposed about the earlier visit of the petitioner and his two friends to his house and about their companytinuing to remain in the house even when he left for his duty at the Railway Station. 4 left the house for going to his duty at the Railway Station. 4 at about 7.30 p.m. on 22.3.1075. 4. The statement of the petitioner made before the trial companyrt under Section 313 of the CrPC was that the deceased was his aunt and had numberissues and she wanted to adopt him as her son and there was numberjustification for the petitioner to murder her before she adopted him. The trial companyrt as well as the appellate companyrt found that the circumstantial evidence and identification of the petitioner by P.Ws. In the kitchen where deceased was lying dead, there were three tea cups and water was boiling in the kettle. 1 to 3 as the person who came out of deceaseds house with a bag in his hand along with other two persons who were armed with a pistol and a knife and had escaped after threatening P.Ws. The trial companyrt as well as the High Court relied on the circumstantial evidence and the identification of the petitioner by P.Ws. If the petitioner was only 15 years old at the time of the occurrence and only a little over 18 years of age at the time of trial it is improbable that such a stand would have been taken on behalf of the petitioner and that such an important circumstance that he was a child below 16 years of age under Section 2 4 of the U.P. 4 who was sent for, came to the house later, and found his wife dead and the valuable properties missing. One of those three persons had a pistol while the other had an open knife and the petitioner had bag and was wearing only a baniyan and pants and number any shirt. 1 to 3 satisfactorily proved the guilt of the petitioner for the offences under Section 302 read with Sections 34 and 394 I.P.C. The Doctor who companyducted the autopsy found clotted blood over the scalp of the deceased on the right temporal and frontal area as also in the right ear and in both the numbertrils. Autopsy on the body of the deceased disclosed an abrasion on the right frontal area just above the eye brow and companytusion on the lip and multi purpose abrasions on the face and the neck. 3 and others who were present on the road into which the houses of PWs. 1 of the additional grounds filed on 25.8.1983, namely, that the petitioner was a child at the time of the occurrance, namely, 22.3.1975 and his age was recorded as 17 years when his statement was taken on 8.12.1976, more than one year and nine months after the incident, and this itself shows that he was only 15 years old at the time of occurrence and under Section 27 of the U.P. 4 and ran away. 6 showed that numberinvestigation was companyducted in respect of Sushil Kumar Tandori and Shyam Shukla and numbercharge sheet was even filed against them. Childrens Act, 1951 numbercourt companyld sentence him to death or imprisonment for life as he was a child below the age of 16 years within the meaning of Section 2 4 of that Act. Childrens Act, 1951 would number have been taken numbere of by the learned Counsel for the petitioner at the time of trial or during the hearing of the appeal in the High Court or while drafting the grounds in the Special Leave Petition as originally filed. The petitioner Sushil Kumar Mehrotra seeks special leave Under Article 136 of the Constitution to file an appeal against the judgment of the Allahabad High Court Lucknow Bench in Criminal Appeal No. 24 of 1977, companyfirming his companyviction by the learned Additional Sessions Judge, Lucknow for offences punishable under Section 302 read with Section 34 and Section 394 I.P.C. 1 to 3 soon after the occurrence. The plea was taken only in the additional grounds filed on 25.8.1983 long after the filing of the Special Leave Petition. 1 lodged the First Information Report about the incident at 8.30 p.m. on the same day. and the sentence of life imprisonment awarded for each of the offences. In the Special Leave Petition numberice was ordered to be issued companyfined to ground No.
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1984_141.txt
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Subbayyan Chettiar died on 6.1.1975. Again on 23.6.1965 Subbayyan Chettiar executed a Purakkadam document in favour of Krishnamurthy for a sum of Rs.2000. It was the case of the plaintiffs that the aforementioned mortgage deed and Purakkadam document were void and they were liable to be set aside for the reasons that Subbayyan Chettiar was incompetent to act as guardian of the minor that there was numbernecessity for mortgaging the property and that there was numberconsideration for the mortgage deed and the Purakkadam document. During his life time Subbayyan Chettiar claiming himself as guardian of the plaintiffs and his other minor children through deceased Muthummal got executed a partition deed, on 19.9.1963 under which the plaint schedule property was partitioned amongst the children of Muthummal and Subbayyan Chettiar in equal shares. Being neglected by their father the plaintiffs and their brothers and sisters were maintained by their uncle Venkitachalam Chettiar brother of Subbayyan Chettiar . The said defendants also denied that Subbayyan Chettiar had neglected his children through Muthummal that the mortgage deed and Purakkadam document were number supported by companysideration that the companysideration received under these documents was number spent for the benefit of the minors etc. It was the case of the plaintiffs that Subbayyan Chettiar was neither entitled to a share in the property of Muthummal number was he entitled to represent the minor children of Muthummal after his second marriage. A 6, mortgage deed and Ext. A 6, mortgage deed, and Ext. The properties companyered under the mortgage deed and the Purakkadam document were subsequently transferred to defendants 6,7 8 on different dates. Ext A 6, mortgage deed, and Ext. It was the case of the plaintiffs that neither Subbayyan Chettiar number the 1st defendant had any right to execute sale deed in favour of Gopala Krishnan and the said sale deed was number binding on the plaintiffs. A3, partition deed, was number invalid and therefore Subbayyan Chettiar and the first defendant were quite companypetent to execute the sale deed in respect of properties allotted to them under the partition deed and that the plaintiffs were number entitled to have Exts. Shortly after the death of Muthummal, Subbayyan Chettiar father of the plaintiffs married one Pappammal on 24th November, 1962. Subbayyan Chettiar and the 1st defendant Renkaswamy Chettiar who was the only major son at the time, sold 23 cents of property which was allotted to them under the partition deed to one Gopala Krishnan and he had redeemed that property 23 cents on payment of a portion of the mortgage amount to the original mortgagee. A 7, Purakkadam document, were set aside. A 7, Purakkadam document, which were held to be invalid and number binding on the plaintiffs. On 1.9.1964 Subbayyan Chettiar as guardian of his minor children mortgaged the remaining 70 cents of property which was allotted to his minor children under the partition deed to one Krishnamurthy for a sum of Rs.5500/ , and the said Krishnamurthy redeemed the prior mortgage of the year 1956 executed by deceased Muthummal and obtained possession of the property. Under the influence of his second wife Subbayyan Chettiar neglected the plaintiffs and their brothers and sisters and resided separately along with Pappamal and the 4 children begotten through her. A 7, Purakkadam document, were number supported by companysideration and necessity and that they were number binding on the plaintiffs. It was further alleged by the plaintiffs that the companysideration received for execution of these documents was number utilized for the benefit of the minors though the original mortgagee had agreed that he would number be entitled to spend more than Rs.500 towards value of improvement, Subbayyan Chettiar had granted a sum of Rs.2,500/ towards value of improvement effected by the mortgagee he had numberauthority to do so Leelammal, mother of the 5th defendant was shown as a minor on the date of the mortgage deed and Purakkadam document even though she was a major then, and for executing the documents on behalf of the minors Subbayyan Chettiar had number obtained sanction from the Court. By permitting the plaintiffs to deposit the mortgage money as per document No.2452/56 mortgage representing their share and to get vacant possession from the defendants who are in possession. On these allegations the plaintiffs sought the following reliefs a to set aside the partition deed No.5578 of 1963, the sale deed Nos.5579 and 6569 of 1963 created by Subbayyan Chettiar along with 1st defendant and also the simple mortgage created vide document number3867 of 64 as well as subsequent mortgage vide document number2873 of 65 created by Subbayyan Chettiar by declaring them to be invalid since they were created without bona fides and also number for the necessity of the family and also because these documents are falsely created and therefore liable to be declared as number binding on the plaintiffs as well as the plaint schedule property. From the date of depositing the companyt of improvements to the date of vacating the property, Purakkadam Deed interest may be directed to be paid by the defendants. Muthummal died on 13.6.1962. A 3, partition deed. The finding of the trial companyrt that A 6 the mortgage deed and A 7 the Purakkadam document were supported by necessity and or companysideration was companyfirmed by the learned single Judge on independent assessment and appreciation of the evidence on record. All the companyt of litigation may be recovered from the defendants and their property and paid to the defendants. On her death the property devolved on her seven children, the plaintiffs, defendants 1 to 4 and Leelammal, mother of 5th defendant. Defendant number6 took the plea that restrictions imposed in the original mortgage deed regarding value of the improvements on the mortgage property was invalid and the mortgagee was entitled to get the value of improvements under the provisions of the Kerala Compensation for Tenanats Improvements Act, 1958. A 7, Purakkadam document, were number companypetent and number supported by companysideration and necessity therefore the said documents were liable to be set aside. The suit OS No.246 of 1978 was instituted by respondents 1 and 2 herein alleging, inter alia, that they, the defendants 1 to 4 and mother of defendant number5 are the children of late Muthammal wife of Subbayyan Chettiar. In case it is found that the mortgage as per the documents No.2452 of 1956 cannot be split up, the plaintiffs may be permitted to deposit the entire mortgage money of Rs.2000/ along with the companyt of improvements, if it is found to the maximum, as provided for in the documents and direct the defendants to put the plaintiffs in possession of the entire property. In view of the said companycurrent findings of fact of the companyrts below numberexception companyld be taken to the direction of the single Judge as companyfirmed by the Division Bench that the plaintiffs were entitled to redeem the original mortgage to the extent of 70 cents of land companyered under the mortgaged deed and Purakkadam document on payment of mortgage amount. A3, partition deed, were number scheduled in the plaint and since the plaintiffs had number prayed for redemption of their shares as per Ext. 2 Whether the plaintiffs are entitled to get partition and redemption as prayed for ? It was stipulated in the mortgage deed that the mortgagee would number spend more than Rs.500/ for companystruction of a house on the mortgage property and he would number claim anything more than Rs.500/ towards value of the building companystructed by him in the property, at the time of redemption. A 3, partition deed, they were number entitled to redeem their shares in the same. Defendants 7 and 8 filed As No.238 of 1981 while the plaintiffs filed AS No.216 of 1981. Under issue No.2 the trial companyrt found that since the shares allotted to the plaintiffs under Ext. 6 Whether the documents are companypetent and supported by companysideration and necessity? The plaint schedule property may be partitioned by metes and bounds into 7 equal shares and 2/7th of the share allotted for the plaintiffs separately. In the plaint it was alleged that the said partition deed was void and liable to be set aside for various reasons. Leelammal died on 1.5.1979 and her rights devolved on her only daughter the 5th defendant. As numbered earlier the entire 70 cents of suit property was companyered under Ext. The trial companyrt further found that Ext. Defendants 2 to 5 filed joint written statement supporting the plaint and claiming partition and separate allotment of their 4/7th share of the plaint schedule property. The said defendant generally denied the allegations made in the plaint. The companytention raised on behalf of the appellants herein that unity of the mortgage was broken since one of the companymortgagers was permitted to redeem a part of the mortgaged property on payment of proportionate mortgage amount was rightly rejected by the companyrts below. It was the self acquired property of Muthammal. Defendants 7 and 8, who were the main companytesting defendants in the suit, refuted the allegations made in the plaint, raised the plea of suit being barred by limitation and the plea of number joinder of Leelammals husband who was a necessary party in the suit. 3 What, if any, is the value of improvements ? A 4 and A 5, sale deeds, set aside. The plaintiffs were directed to deposit a sum of Rs.2500/ within a period of two months and on such deposit defendants 7 and 8 were directed to deliver possession of the properties described in schedules 2 to 7 of Ex. The suit property as described in the schedule to the plaint is 93 cents of land under survey No.86/7 in Niyamam village. Consequently, the trial companyrt answered the issue number 2 against the plaintiffs. It was further alleged in the plaint that division of the property was number effected in an equitable manner and it was prejudicial to the interest of the minors. The first defendant remained ex parte. Against the said judgment the defendants 7 and 8 filed appeals AFA Nos.44/92 and 47/92 which were decided by the Division Bench on 13.8.1992. On the above findings the trial companyrt decreed the suit in part declaring that Ext. 7 Reliefs and companyts ? 4 Whether the suit is barred by limitation? Considering issues 1 6 the trial companyrt held that Ext. 5 Whether the suit is bad for number joinder of necessary parties? She mortgaged the said property with one Velayudhan Pillai for Rs.2,000/ on 9.8.1956. On the pleadings of the parties the trial companyrt framed the following seven issues Whether the impugned documents are liable to be set aside for the reasons alleged ? Under issue No.5 the trial companyrt held that PW 4 husband of Leelammal was a necessary party to the suit and since he had number been made a party in the suit it was bad for number joinder of necessary party. Considering issue No.4 the trial companyrt held that since the suit was filed within 8 years after the first plaintiff attained majority the suit was number barred by limitation. 1991 in which AS No.238/81 was dismissed and AS No.216 of 1981 was allowed and a preliminary decree for redemption was passed in favour of the plaintiffs. Having lost the case before the trial companyrt, the single Judge and Division Bench of the High Court of Kerala, defendants 7 and 8 have filed these appeals assailing the judgment rendered by the Division Bench on 13.8.1992 in AFA No.44/1992 and 47/1992. For granting the relief to the defendants, all necessary orders regarding injunction, receiver appointment etc.,
all that is found necessary by the companyrts also may kindly be granted. The judgment of the trial companyrt was challenged by the companytesting parties. The Division Bench found numberacceptable ground to interfere with the said finding. The parties were directed to bear their own companyts. The parties belong to Thelunkchetty caste and are governed by Hindu Mitakshara Law. The issues were answered accordingly. The learned companynsel appearing for the parties before us reiterated the stand taken by the parties before the High Court. The judgment of the Division Bench is under challenge in the present appeals. P.MOHAPATRA,J. Both the appeals were heard together and decided by the learned single Judge by the judgment dated 2.7. Both the appeals were dismissed.
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2002_1048.txt
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of paddy was found stored in it. of paddy in his godown without any licence in violation of cl. The respondent then moved the Judicial Commissioner, Manipur, by a Revision Application and his Revision Application succeeded. The case against the respondent was that on February 9, 1960, his godown was searched and 178 Mds. He believed the witnesses who had referred to the circumstances under which the paddy stored in the godown of the respondent was recovered, and he held that the respondent had been properly companyvicted under S. 7 of the Essential Commodities Act. 3 2 of the Manipur Foodgrains Dealers Licensing Order, 1958. Appeal from the judgment and order dated December 2, 1961 of the Judicial Commissioners Court at Manipur in Criminal Revision No. The respondent was charged with having companymitted an offernce punishable under s. 7 of the Essential Commodities Act, 1955 in that on February 9 , 1960, he was found storing 178 Mds. This fact was number denied by the respondent though he pleaded that the paddy which was found in his godown was meant for the companysumption of the members of his family who numbered fifteen. 20 of 1961. S. Barlingay, and A.G. Ratnaparkhi, for the respondent. Against this Order the respondent preferred an appeal before the learned Sessions Judge at Manipur The learned Sessions Judge substantially agreed the view taken by the learned Magistrate. It appears that before the present Revision Application came on for hearing before the learned Judicial Commissioner he had examined the question of law in regard to the companystruction of clause 3 2 of the Order in a group of revision applications Nos. The short question of law which arises in this appeal relates to the companystruction of cl. 7, 11 and 13 of 1961, and had pronounced his judgment on June 5, 1961. K. Khanna and R.N. This question arises in this way. 143 of 1962. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. November 29, 1963. Sachthey, for the appellant. The Judgment of the Court was delivered by GAJENDRAGADKAR, J. 3 of the said Order. The order of sentence also was companyfirmed.
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1963_88.txt
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2469 of 1969. 2469 2471 of 1969. On the Ist of August, 1954 came into force the Jagirs Abolition Act abolishing the Jagirs. Survey settlement had been made in that State in the year 1936 and the land revenue payable by the Jagirdars was assessed. All the three sets of appellants in the three appeals were proprietary Jagirdars under Idar State. The territory companyprising the lands in question was merged in the Bombay State, first by an ordinance promulgated in 1949, followed by the Merged State Lands Act, Bombay Act 6 of 1950. In the year 1948 the Land Revenue Code was applied by the province of Bombay to the lands in question under the Extra Provincial Jurisdiction Act. Several Writ Petitions were heard together by a Division Bench of the Gujarat High Court involving interpretation of certain provisions of the Bombay Land Revenue Code, 1879, herein after referred to as the Land Revenue Code, and The Bombay Merged Territories and Areas Jagirs Abolition Act, 1953, hereinafter called the Jagirs Abolition Act. According to the case of the appellant he became an occupant of the land together with the forest trees standing thereon. Before 1965 the appellant was allowed to cut and remove the forest trees in his land but after the decision of this Court in Shri U. R. Mavinkurve v. Thakor Madhavsinghji Gambhirsingh and others the authorities companycerned changed their view and took the stand that the forest trees had vested in the State and the appellant was number entitled to cut or remove them. The Survey number of this land in Idar State was 42 but after merger it companyprised of two numbers i.e. 1234, 1242 and 1244/65. The Divisional Forest Officer intended to sell the trees by a public auction. 2469, the old Jagirdar, made a settlement of certain land in village Torda with the appellant in this appeal on the 5th of June, 1949. Some of the Writ Petitioners in the High Court were companytractors from the ex jagirdars. 42 B and 355. The appellant set a telegram to him on the 15th of October, 1965 protesting against his proposed action and eventually along with many others filed his Writ Petition in the High Court on the 4th of November, 1965. Dr. Y. S. Chitale, K. J. John, C. D. Patel and J. Sinha for the Appellant. From the Judgment and Order dated 4th/5th May, 1967 of the Gujarat High Court in SCA Nos. In our companymon judgment disposing of these three appeals, we shall discuss the law with reference to the facts of Civil Appeal No. In the present three appeals brought to this Court by certificate the facts and law involved are almost identical. They were disposed of by a companymon judgment whereby all the Writ Petitions were dismissed. The Judgment of the Court was delivered by UNTWALIA, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. The father of the appellant in Civil Appeal No. N. Shroff for the Respondent.
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1979_297.txt
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For nearly three days the family members of Noorbhai companyld number get any information about the whereabouts of Noorbhai. The sons of Noorbhai then went to the pond and it was found that the dead body was of Noorbahai. Haji Noorbhai P.W.3 who happen to be another son of Noorbhai then went to Junagarh and Rajkot in search of his father but he companyld number get any useful information. The dead body of Noorbhai was taken out of the Pond with the held of fire brigade. The prosecution case as disclosed during the trial is as under Noorbhai since deceased was working as a Watchman with Allana Mill at Veraval. The inquest Panchnama was then carried out wherein several injuries on the person of Noorbhai were recorded. Haji Noorbahai P.W.3 who happen to be another son of Noorbhai then went to Junagarh and Rajkot in search of his father but he was number found there. According to the prosecution, Noorbhai on 12.2.88 was on duty from 9.00 A.M. to 12 Noon and from 4.00 P.M. to 7.00 M. Usually, Noorbhai used to return from his work at about 7.00 P.M. This mill was closed down some ten years back prior to 1988 and Noorbhai was to look after the property and machinery that was lying at Allana Mill. Hussain W.2 went in search of him and after making enquiries he learnt that Noorbhai had left the mill premises at about 7.00 P.M. Till late in the evening the whereabouts of Noorbhai were number known number he returned on the following day. He was residing inside the companypound of Allana Mill. On 16th February, 1988 Deva Rama P.W.4 during investigation stated that the appellant on 12.2.88 had companyfessed before him at about 7.30 p.m. that he had companymitted the murder of Noorbhai and requested him to help him in this behalf. Rest of the evidence is companysisted of the witnesses including two sons of Noorbhai, inquest Panch witness, Medical Officer Dr. Jairajbhai Patel P.W.1 and the Investigating Officer Manmchan Tarachand P.W.15 . On 15.2.88 it was learnt that a dead body was floating in the pond situated near the Allana Mill companypound on the back side. Dr. Jairajbhai P.W.1 held the autoosy on 16.2.1988 at about 10.30. The dead body was then sent to the hospital at Veraval. Dr. Jairajbhai P.W.1 opined that the cause of death was haemorrhage shock due to major vessels injury over the front of the neck. The prosecution examined as many as 15 witnesses at the trial of whom Deva Ram P.W.4 , Ramesh Bhojabhai PW.9 and Jagmal Arjan P.W.12 are the material witnesses to prove the above two circumstances. The prosecution sought to rely upon this extra judicial companyfession alleged to have been made by the appellant to Deva Rama P.W.4 . During investigation it was suspected that the appellant who was also working as a Watchman in the mill would know something about the incident. Immediately a message was sent to Veraval Police Station and the police party arrived at the scene. The Investigating Officer, thereafter, arrested the appellant and during interrogation he made a statement which led to the discovery of certain clothes of the deceased and hoe which were buried near the pond. The clothes of the deceased and other articles were sent to Chemical Analyzer for examination. During inerrogation he made a statement which led to the discovery of certain incriminating article. Hussain P.W.2 , therefore, started making further enquiries with his relatives but he companyld number get any useful information. A.M. and numbered as many as six injuries. After companypleting the investigation, the appellant was put up for trial for offences punishable under Section 302 and 201 Indian Penal Code and under Section 135 of Bombay Police Act. Injury No.1 was sufficient in the ordinary companyrse of nature to cause death. An iron strip was also found to have been inserted in the mouth. These articles were seized under various Panchnamas. Since he did number return, Mohd. According to him, he is innocent and has been falsely implicated in the present crime. The appellant accused after obtaining special leave has filed this Criminal Appeal Challenging the legality and companyrectness of the judgement and order dated December, 1996 passed by the appellant for the offences punishable under Section 302 and 201 Indian Penal Code has been companyfirmed. P. Kurdukar, J. The appellant denied the charge and claimed to be tried.
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1998_890.txt
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167 of 62 . 166 of 62 . 166 and 167 of 1962. XX of the Improvement Trust Kanpur. 140 and 139 of 1957. 1 C. B. Agarwala and P. C. Agarwala, for the appellants in A. S. Hajela and C. P. Lal, for respondent No. XX hereinafter referred to as scheme No. B. Goyal, for the appellants in C.A.No. P. Lal, for respondent No. CLVIL APPELLATE JURISDICTION Civil Appeals Nos. These two appeals on certificates granted by the Allahabad High Court raise companymon questions and will be dealt with together. Appeals from the judgment and decrees dated October 25, 1957 of the Allahabad High Court in Special Appeals Nos. However, the appeal companyrt granted a certificate as prayed for, and that is how the matter has companye up before us. The judgment of the Court was delivered by WANCHOO J. April 26. 2 in both the appeals . I in both the appeals . No.
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1963_197.txt
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On 13.05.2006, while he was driving a truck bearing No. The Appellant suffered from serious injuries in his right leg by an Anterior Cruciate Ligament and a Collateral Ligament Tear. 5,00,000/ be awarded to him as companypensation. The truck was insured with the Respondent Insurance Company. As a companysequence, the truck turtled thrice, and the Appellant suffered grievous injuries all over his body. 1569/2008 before the Karnataka High Court Dharwad Bench for enhancement of the companypensation awarded by the Commissioner. Dr. Patil opined that the Appellant suffered 37 disability in his whole body, and companyld number perform the work of a truck driver any longer. 4,000/ p.m. and Rs. MH 08H 0390 loaded with sand from Islampura towards Ratnagiri, he lost companytrol of the truck due to an axle cut, and dashed against a rock on the side of the road. The Truck Owner filed his Written Statement, wherein he admitted the factum of the accident and the injuries suffered by the Appellant. The Appellant filed a Claim under the Workmens Compensation Act, 1923 the Act before the Labour Officer and Commissioner for Workmens Compensation, Sub Division 2 Belgaum Commissioner against the Truck Owner and the Insurance Company, praying that an amount of Rs. The companypensation was accordingly enhanced to Rs. This led to his right leg getting permanently injured, which resulted in companyplete disability to companytinue his vocation as a driver of a heavy motor vehicle. Accordingly, the companypensation was companyputed at Rs. Plastic surgery was performed on his right leg. The present Civil Appeal has been filed by the Appellant Claimant for enhancement of the companypensation awarded to him by the Karnataka High Court Dharwad Bench under the Signature Not Verified Workmens Compensation Act, 1923. The Appellant underwent hospitalization for a total period of 65 days, first in Government Hospital, Ratnagiri between 13.05.2006 and 01.06.2006 and thereafter, in KIMS Hospital, Hubli between 17.06.2006 and 26.08.2006. The Commissioner assessed the Appellants income at Rs. Digitally signed by MUKESH KUMAR Date 2019.12.10 154304 IST Reason The Appellant a driver of heavy vehicles, was employed by one Sekar Santharam. Patil a Knee Specialist from Belagavi who had examined the Appellant, deposed that the Appellant can neither stand for a long period of time, number can he fold his legs. 1,81,494/ . Insofar as the functional disability of the Appellant was companycerned, the Court held the assessment by the Commissioner at 50 was on the lower side, and increased it to 60, since the Appellant companyld numberlonger earn his livelihood as a driver, and companyld number even stand for a long time. The Respondent Insurance Company was held liable to pay the amount awarded. Aggrieved, the Appellant has filed the present Civil Appeal before this Court for enhancement of the companypensation awarded by the High Court. 3,000/ p.m., and held that he had lost 50 of his earning capacity. 4,000/ p.m. as per the statement made by the employer. He was required to use a walking stick, and companyld number lift heavy objects. The Appellant filed MFA No. Since the Appellant was 33 years old at the time of the accident, 201.66 was taken as the relevant factor as per Schedule IV to the Act. 30 batta per day to the Appellant. The High Court accepted the income of the Appellant at Rs. He submitted that he was paying Rs. 2,90,390/ with Interest 12 p.a. Dr. S.D. payable from one month after the date of the accident. INDU MALHOTRA, J. Leave granted.
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2019_814.txt
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The arbitrator entered upon the reference on 15.2.1987. 1 failed a companynter claim before him on 5.7.1987. The learned Civil judge held that the companynter claim was maintainable and that the Arbitral should have dealt with the same in the pending reference on the ground that the whole gamut of the dispute had been referred to the Arbitrator and the companynter claim fell within the disputed already referred and as such the Arbitrator should have dealt with the companynter claim also. During the pendency of the reference before the learned Arbitrator, respondent No. The companynter claim was held to be number maintainable. The learned Arbitrator vide order dated 14.5.1988 held that the companynter claim was number included in the reference, and therefore it companyld number be adjudicated upon in that reference. The learned Arbitrator opined that the parties companyld be secure a fresh reference regarding the disputes which are the subject matter of the companynter claim and that both the original reference and the second reference companyld be companysolidated and decided together. 1 filed another application before the learned Arbitrator on 5.7.1992. Seeking adjudication of the companynter claim once again basing its case on a judgment of this Court in K.V. On certain differences and disputes arising between them, a reference was made to Justice G.K. Misra, Retired Chief Justice, Orissa High Court on 10.12,1986. George v. Secretary to Govt.,
Water and Power Deptt.,
Trivandrum , the learned Arbitrator on 10.1.1993 held that the judgment in supra had numberapplication to the fact situation and even otherwise, the principles of res judicata would companye in the way of respondent No. 1 in view of the earlier order dated 14.5.1988. 1 thereafter, filed an application under Section 33/41 of the Arbitration Act before the learned Civil Judge on 25.3.1996. The parties entered into an agreement which also companytains an arbitration clause. 1 to file a rejoinder thereto if necessary. 1 and also an opportunity to respondent No. Respondent No. A Civil Revision filed by the appellant herein in the High Court failed. Hence this appeal by special leave. Leave granted.
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1997_1486.txt
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As Joginder Singh was number traced, the trial proceeded against Manoranjan Singh and Gurmeet Singh. C 44, near Vishnu Garden and they had kept some explosive material in that room. F 167, near Vishnu Garden, as some unknown persons were seen visiting his house. It was the prosecution case that the police had information that some terrorists of Punjab were to carry out explosions in various parts of Delhi and therefore, they were keeping a watch at Vishnu Garden, Rajouri Garden and Tilak Nagar. On 6.4.93, the police party companysisting of Inspector Babu Singh, Inspector Nand Kishore and Sub Inspector Satish Kumar decided to raid the premises in which they suspected that explosive material was kept. All these articles were seized by the police and, after companypeting the investigation, charge sheet was filed against the appellant and two other, namely, Gurmeet Singh and Joginder Singh. The trial companyrt acquitted Gurmeet Singh as it was number proved that he had taken that room on lease and as in possession of it. The appellant made a disclosure statement that Joginder Singh with whom he had good companytacts had taken a house on rent bearing No. A watch was also kept on appellant who was residing in a house bearing No. of RDX and one timer device. The appellant then pointed out a raxine bag companytaining one dalda tin companytaining 2 Kgs. The trial companyrt believed the evidence of PW 1 Babu Singh. For the offence punishable under Section 5 of the Explosive Substances Act, he has been sentenced to suffer rigorous imprisonment for three years. They, therefore, went to the house of the appellant and took him to the office of the Operation Cell in Lodhi Colony for interrogation. For the offence punishable under Section 5 of the TADA Act, the appellant has been sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs.5,000/ . It was opened by a keep which was with the appellant. Nanavati, J. This appeal is directed against the judgment and order passed by the Additional judge, Designated Court, Delhi, in Sessions case No.
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1998_1237.txt
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Election Petition No. Scrutiny of the numberination papers in companynection with the Presidential Election, 2002 was companyducted on 26th of June, 2002 by the Returning Officer. The election petition No.1 of 2002 has been filed seeking a declaration that the result of the election declaring respondent No.1 as the duly elected President of India be declared void for illegal rejection of the numberination paper of the petitioner and the illegal acceptance of the numberination paper of the respondent No.1. The said election was companyducted under the provisions of Presidential and Vice Presidential Elections Act, 1952 hereinafter referred to as the Act , and the Presidential and Vice Presidential Election Rules, 1974 hereinafter referred to as the Rules . Respondent No.1 took oath of the office of the President of India on 25th July, 2002. No.4119 of 2002 under Article 226/227 of the Constitution of India in the High Court of Judicature at New Delhi challenging the rejection of his numberination paper and the acceptance of the numberination papers of respondent Nos. The result of the said election was declared in extraordinary gazette of India of 18th July, 2002 declaring Dr. A.P.J.Abdul Kalam, respondent No.1, as elected to the office of the President of India. Respondent No.1 was declared elected as the President of India having received majority of votes. It is regrettable that in spite of being cautioned four times by this Court number to challenge election of the President of India in a cavalier and light hearted manner, the petitioner, who is an advocate has filed the present election petition challenging the election of Dr. P.J. Nomination papers of all candidates other than respondent Nos. In all 54 numberination papers were filed within the time prescribed. 1 2002 WITH SPECIAL LEAVE PETITION CIVIL NO.22385 OF 2002 DELIVERED BY ASHOK BHAN, J. Bhan, J. On 10th of July, 2002, petitioner filed C.W.P. Petitioner has challenged the election of Respondent No.1 to the office of the President of India which was held in pursuance to the numberification dated 11th June, 2002 published by the Returning Officer Shri R.C.Tripathi, Secretary General, Rajya Sabha. Petitioner had filed his written objections to the two sets of numberination papers filed by respondent No.1 which were duly companysidered and rejected being without any substance. 1 2 took place on 15th July, 2002. Abdul Kalam respondent No.1 as President of India on the same similar grounds of challenge which stand companycluded against him in petitioners own cases by several decisions of this Court. Special leave petition Civil No.22385 of 2002 arises from the said decision of the High Court of Delhi. Respondent No.1 was numberinated by the ruling National Democratic Alliance and its allies and the main opposition party, i.e, the Indian National Congress I and its allies whereas Captain Lakshmi Sehgal, respondent No.2, was sponsored and numberinated by CPI M and its allied parties. The facts are being stated from the Election Petition which companyers and takes care of the points raised in the special leave petition as well. Nomination paper of the petitioner was rejected on the ground that the same was number accompanied by a certified companyy of the entry relating to the candidate in the electoral roll and that the requirements of law were incomplete for want of proposers and seconders. The said writ petition was dismissed by a Division Bench of the High Court of Delhi by a detailed order on 12th July, 2002. The poll for the companytest between respondent Nos. 1 2 herein and the companystitutional validity of various provisions of the Act and the Rules and Section 29A of the Representation of Peoples Act, 1951 being violative of Articles 14, 21, 38, 54, 71 1 3 , 79, 80 1 and 324 of the Constitution of India. 1 2 were rejected.
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2002_1184.txt
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the appellant then paid the second instalment. 13274 31 each payable on december 9 1952 february 9 1953 april 9 1953 and june 9 1953 and accordingly the first instalment was recovered from him with penalty. the board accepted the companytention and held that no proceedings companyld be companymenced for the recovery of third and fourth instalments which fell due on april 9 1953 and june 9 1953 but in respect of the proceedings for the recovery of the second instalment it was held that those proceedings could be continued. 26548 62 being two instalments of the agricultural income tax due from him under the u.p. 53097 25 and was directed to pay the same in four instalments of rs. numberice to pay the second and third instalments by april 21 1953 was served on him but this amount was number paid. appellant for the recovery of a sum of rs. the appellant was assessed to agricultural income tax for the year 1359 fasli in a sum of rs. in view of the decision of the board the state of uttar pradesh filed a suit for the recovery of the amounts aforesaid in which the appellant pleaded that the only remedy open to the state was that permitted under s. 32 2 of the act and that numberregular suit was maintainable. agricultural income tax act 111 of 1948 hereinafter referred to as the act . state of uttar pradesh filed a suit against the. an application to the board for re ference to the high companyrt was dismissed. civil appellate jurisdiction civil appeal number 1192 of 1970.
appeal by certificate from the judgment and order dated may 20 1966 of the allahabad high companyrt in first appeal number 161 of 1960.
yogeshwar prasad hajii iqbal ahmed s. k. bagga and s. bagga for the appellant. thereafter the state sought to recover the amount but the appellant filed a revision challenging the proceedings for recovery on the ground that they had become time barred under s. 32 2 of the act. this plea was sustained and the suit was dismissed as number maintainable. this case was companysidered by harris c.j. in this case the patna high companyrt was companysidering whether the crown as a creditor has the. the judgment of the companyrt was delivered by jaganmohan reddy j. the. c. manchanda and o. p. rana for the respondent. instead the appellant filed a writ petition in the allahabad high companyrt and obtained a stay order which was subsequently vacated.
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1973_373.txt
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1220 1250 per piece. The respondent imported 1000 pieces of down companyverters from Singapore. He took into companysideration one quotation dated 16th April, 1993 from a Singapore companypany which was of about US 75 per piece and one other valuation at US 38 per piece. According to the bill of entry which was filed, it was stated that the companyntry of origin of the goods was Singapore and the price at which the goods were to be cleared for companysumption was declared at US 4.25 per piece. The Tribunal then referred to the two bills of entry dated 12th August, 1993 and 27th August, 1993 where the price quoted was US 22 per piece and US 16 per piece respectively and held that while accepting this evidence the appeal filed by the respondent deserved to be allowed and the order of companyfiscation and enhancement of the value set aside. The price charged in respect thereof was US 42 per piece and the goods had arrived on 7th March, 1993. The Customs, Excise and Gold Control Appellate Tribunal for short the Tribunal in an appeal filed against the said decision companysidered the evidence relied upon by the Collector and also adverted to evidence produced by the respondent herein in the form of bills of entry dated 12th August, 1993 for US 22 per piece and 27th August, 1993 for US 16 per piece. This import was most proximate in time to the import of the respondent which was companyered by the bill of entry dated 20th February, 1993. Taking into account the fact that the quantity imported by the respondent was more than what was imported by the Hyderabad companypany, he gave a discount of 20 per cent on the price list and arrived at a figure of US 33.6 per piece FOB. The Collector then came to the companyclusion that the companyrect value which should be determined, companysidering the quantity imported, would be US 33.60 per piece FOB and to this was added insurance and freight. Secondly, in the order of remand by the Tribunal dated 3rd April, 1996, there was numberdirection that the two bills of entry dated 12th August, 1993 and 27th August, 1993 were to be verified and accepted. The latter bills of entry had number been accepted by the Collector on the ground that they were of a period six months subsequent to the bill of entry filed by the respondent. In appeal, the Tribunal in the impugned order has observed that the order of the Commissioner is incorrect, inasmuch as on remand it was required to verify and accept the bills of entry dated 12th August, 1993 and 27th August, 1993 which had been relied upon by the respondent. The Collector of Customs vide his order dated 28th October, 1993 did number accept the valuation as declared by the respondent. The Commissioner of Customs, which was the successor to the Collector, after remand examined the goods once again and took into companysideration import which had been made by one companypany in Hyderabad of 50 satellite receivers. The Collector also ascertained from M s. Solidair India Ltd., another companypany which had imported the same item but of Taiwan make and found out that the price there was Rs. The Tribunal set aside the order of the Collector and directed reconsideration thereof. 1,50,000/ and redeem the goods. The Commissioner of Customs in a sense upheld and followed the earlier order of the Collector except that the amount of redemption fine and penalty was reduced to Rs. 50,000/ and Rs. The Tribunal came to the companyclusion that the Collector should have companylected companytemporaneous evidence and if that was number available then the question of taking these documents into companysideration would arise. An order of companyfiscation was passed but the respondent was permitted to pay redemption fine of Rs. In addition thereto, penalty of Rs. 50,000/ was also imposed. 10,000/ respectively. Hence, this appeal.
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2001_610.txt
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Manti Devi sent a representation dated 24.11.2008 stating that her husband was illegally retired from service. For same reasons, the Division Bench has also found numbermerit in the appeal preferred by Manti Devi. This representation did number invoke any response which forced Manti Devi to file Writ Petition in the High Court of Judicature at Patna. Manti Devi filed Intra Court Appeal before the Division Bench which has also been dismissed by the High Court on 25.10.2011. 1st July 2007. His numbermal age of retirement superannuation was 30th November 2008. This order was made effective from 30th June 2007 as a result whereof, he was relieved from service w.e.f. She also submitted that as there was numberearning member in the family, her elder son be given companypassionate appointment. It is only after his death that his widow has taken up the issue and under the garb on challenging the order of companypulsory retirement, she, in fact, wanted her elder son to be appointed on companypassionate basis. However, vide orders dated 29th June 2007 the State Government took a decision to companypulsorily retire him from service under the provision of Rule 74 of Bihar Service Code. After his death, his widow Smt. He earned certain promotions during his career in the year 2007, he was working as District Public Relation Officer. The admitted facts are that one Shiv Nath Mahto hereinafter referred to as deceased employee was appointed as a Translator cum Proof Reader with the respondent in the year 1971. Unfortunately, he died on 20th September 2008. This Writ Petition came to be dismissed by the learned Single Judge vide orders dated 29th July 2011. K.SIKRI,J.
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2013_667.txt
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Harbans Kaur is the wife of Shisha Singh and the dwelling house of Mohar Singh was adjacent to her house. On 13/14.7.1984, at about midnight Gurdip Singh heard firing and cries from the houses of Shisha Singh and Mohar Singh and armed with his licensed gun he along with Jassa Singh and Hazoor Singh moved towards the house of Shisha Singh. Hazoor Singh came back and told her that Shisha Singh and Mohar Singh were also hacked to death. In the companyplaint Gurdip Singh has stated that during midnight on the occurrence day he heard loud numberse and screaming from the house of Shisha Singh and Mohar Singh. In the moonlight and the light of the torch he saw Kartar Singh and his son Mahender Singh standing on the roof top of the house of Shisha Singh holding gun and companyntry made pistol and Kartar Singh was shouting aloud to his sons Mahendra Singh, Lakkha Singh, Ginder Singh and Sinder Singh to eliminate the whole family of Shisha Singh and Mohar Singh and that numbere should escape away. They fired several gun shots and Gurdip Singh withdrew himself back and at that time Harbans Kaur wife of Shisha Singh escaped from the house with injuries and came and told him that Kartar Singh and his four sons accompanied by all the four sons of Sampuran Singh and Balkar Singh had killed all the family members of Shisha Singh and Mohar Singh and sought help from him. Kartar Singh was shouting aloud to his sons to finish off all the members of family of Shisha Singh and Mohar Singh and number to allow anybody to escape alive. In the present case, in the examination in chief itself PW 5 Hazoor Singh has admitted about his going to the place of occurrence along with Gurdip Singh and Jaswant Singh on hearing the numberse of firing and cries emanating from the house of Shisha Singh and Mohar Singh and the narration of the occurrence by Harbans Kaur to them which led to lodging of the companyplaint. Hazoor Singh has been examined as PW 5 and in his examination in chief he has stated that on the occurrence night he heard the numberse of firing companypled with screaming cries from the house of Shisha Singh and Mohar Singh and he went to the house of Jassa Singh and both of them went to the house of Gurdip Singh who accompanied them by taking gun and torch and when they went near the house of Shisha Singh they saw several men and he companyld number identify any of them and Harbans Kaur met them there and told them that Kartar Singh and other assailants have attacked them. He took up his licensed gun and moved towards the house of Shisha Singh with Jassa Singh and Hajoor Singh and saw in the moon lit night and also in the light shed by the torch, Kartar Singh and his son Mahender Singh standing on the roof of Shisha Singhs house and Kartar Singh loudly directed his sons to wipe off all the family members of Shisha Singh and Mohar Singh and when he and his fellows challenged, all of a sudden the assailants opened fire on them and he stepped back and it was at that time injured Harbans Kaur who escaped from the occurrence place met him and told him that Kartar Singh and his sons along with other accused have killed all the members of her family and also the family of Mohar Singh, and pleaded for help and to inform the police. She heard cries emanating from the house of Mohar Singh and five persons of their family were also killed and she ran to the field of paddy hiding herself where she met Gurdip Singh, Hazoor Singh and Jaswant Singh and narrated the occurrence to them and sought their help to lodge the companyplaint and Gurdip Singh along with Jaswant Singh proceeded to the Police Station. Kartar Singh and Mahender Singh climbed up the roof and started demolishing the roof and threw burning wood from the roof. The prosecution case as it discerned from the records is briefly, as follows Shisha Singh and Mohar Singh were residents of village Dongpura, whereas Gurdip Singh was resident of adjacent village Varnau. The companyplainant Gurdip Singh was also murdered before the trial. At this point of time he was declared hostile by the prosecution and in the cross examination he stated that Gurdip Singh had lodged the companyplaint about the occurrence in the Police Station and when Harbans Kaur narrated the occurrence, he was also present at the place and on the request of Harbans Kaur he went to the tubewell and found Shisha Singh and Mohar Singh lying dead and he informed Harbans Kaur about the same and she became unconscious. She also numbericed among them the four sons of Sampuran Singh namely appellants Veer Singh, Tahal Singh, Amreek Singh and Kamir Singh along with Balkar Singh armed with weapons and lathi in the assembly, and out of fear she and her family members went into a room and bolted the door from inside. PW 4 Harbans Kaur in her testimony has stated that on the fateful night she along with her sons Joginder Singh and Jassa Singh and her daughter Rano, Joginders wife Bhajan Kaur and her three children Bagga Singh, Phulvender and Gurmit Singh were sleeping in her house and her husband was sleeping in the tubewell and a lantern was burning in the house and on hearing the barking of dogs they woke up and saw group of people at the gate including Kartar Singh and his four sons namely Mahendra Singh, Lakkha Singh, Ginder Singh and Sindar Singh and they were carrying gun, companyntry made pistol, axe and spade. It is her further testimony that when she and the other family members tried to escape, accused Kartar Singh, Mahender Singh, Balkar Singh and Amreek Singh let loose killing spree and initially killed her daughter Rano, her daughter in law Bhajan Kaur, her sons Kulvendra and Gurpreet Singh and they fired gun shots on her which struck on her chest and accused Sinder attacked her with an axe on her hand and mouth and her sons Jassa Singh and Joginder Singh were killed outside their house when they tried to run away. She has further testified that she asked Hazoor Singh to go to the tubewell and inform her husband about the occurrence. Harbans Kaur was taken to a safer place and thereafter Gurdip Singh along with Jaswant Singh went to the Jhinjhana Police Station and gave an oral companyplaint which was reduced to writing by PW14 Head Mouri and First Information Report came to be registered at about 4.15 a.m. on 14.7.1984. The names of assailants including the names of the present appellants are found mentioned in the companyplaint lodged by Gurdip Singh. Akhtar, after taking up the investigation went to the occurrence place and seized blood stained materials and also went to the roof of the house of Shisha Singh and took brick from the damaged roof and also ashes from the room, which have been marked as Exh. From the above testimony it becomes evident that PW 4 Harbans Kaur has witnessed the occurrence and also sustained grievous injuries. This also lends credence to the testimony of PW 4 Harbans Kaur that the assailants damaged the roof and threw burning wood inside the room during the occurrence. It is also relevant to point out that numberenmity is attributed to Gurdip Singh against the assailants and there is numberreason for him to falsely implicate the appellants in the case. The SDM Shamli reached the hospital at 12.45 p.m. and recorded her statement in question answer form and only one question was asked as to how she sustained the injuries and she told that she was shot by Surender Singh in the presence of other sons of Kartar Singh. vi Many lacerated wounds in the area of 37 cms x 28 cms of chest and abdomen on the frontal portion, out of these the large wound was measured as 3 cms x 0.7 cm x depth was number measured and the smallest wound was measuring 0.2 cms x o.2 cm x muscle deep. The above testimony of PW 5 lends credence to the testimony of PW 4. Sharma examined Harbans Kaur at 6.30 a.m. on 14.7.1984 in the Civil Hospital Shamli and found following injuries Lacerated wound measuring 11 cms x 1.5 cms x bone deep slanting on the left side of head 6.5 cms above from the left ear. The Head Mouri of the Police Station Shri Inder Pal Sharma, PW14 has recorded the oral companyplaint of Gurdip Singh and registered the FIR, Exh. ii Lacerated wound measuring 1.2 cms x 0.5 cm x bone deep on the left ear, bleeding. viii Abrasion in the area of 5 cms x 1.5 cm on the frontal portion and left side of the left knee. Kasana PW 11 and Dr. D.C. Mohar PW 12 companyducted autopsy on thebodies of 12 victims. In fact PW 4 Harbans Kaur in her testimony before the Court has clearly stated as to why she has given a limited answer to the Magistrate. vii Lacerated wound measuring 1 cm x 0.7 cm x muscle deep, nearby to it, skin has peeled towards the inner side of the left thigh. 749 of 1996 are accused Nos. 6 to 8 number guilty of the charges and acquitted them and at the same time companyvicted accused Nos.1 to 5 for the charge under Section 302 read with Section 149 IPC and sentenced them to death, subject to companyfirmation by the High Court companyvicted them for the offences under Section 307 read with Section 149 of IPC and sentenced them to undergo rigorous imprisonment for a period of 5 years companyvicted them for the offence under Section 452 IPC and sentenced them to undergo rigorous imprisonment for a period of 4 years, and had also companyvicted Veer Singh, A 1, Takal Singh A 2 and Balkar Singh A 5, for the offence under Section 148 IPC and sentenced them to undergo RI for a period of 2 years and had companyvicted Amrik Singh, A 3 and Kamir Singh, A 4, for the offence under Section 147 IPC and sentenced them to undergo rigorous imprisonment for a period of one year. Immediately after the occurrence in the morning itself Harbans Kaur was admitted in the hospital for treatment and information was sent to Magistrate for recording her dying declaration. PW 6 Dr. N.K. Red bluish marks in the area of 28 cms x 1.5 cms on the third upper portion of back on both side of the backbone. In the hospital she was examined by PW 6 Dr. N.K. The Sessions Court companyvicted accused Nos. The police party rushed to the place of occurrence and S.J. The occurrence took place in the midnight and the companyplaint was lodged in Jhinjhana Police Station at 4.15 a.m. on 14.7.1984 without any loss of time. Sessions Court found accused Nos. In other words the reply pertained only to that part of the occurrence in which she was injured and number the entire occurrence. The Investigation Officer PW 18 S.J. Aggrieved by the companyviction and sentence accused Nos. Aggrieved by the companyviction and sentence accused No.1 to 5 preferred appeals being Criminal Appeal No.749 of 1996 and Criminal Appeal No. Taneja PW 1 , Dr. R.K. Vats PW 2 , Dr. B.K. The Sessions Court examined accused Nos.1 to 8 under Section 313 Cr. During trial four accused absconded. Mishra PW 3 , Dr. Suresh Chand PW 10 , Dr. R.S. 1 to 5 for the charges as indicated above and acquitted accused Nos. Mohd. Aggrieved by the companyviction and sentence of the High Court accused Nos.1 to 5 have preferred these appeals. This statement did number relate to the entire occurrence. Wound had been bleeding. Dr. N.K. After regaining her health when she was examined by the Investigation Officer, she has stated the entire occurrence naming the assailants and the attack made by them with weapons. It must be borne in mind that she had witnessed the brutal murder of all her family members by the appellants and other accused during the occurrence and when she was in a state of shock in the hospital she had given answer to the question put by the Magistrate. Sharma and he numbericed 8 injuries on her body and he has expressed opinion that the lacerated wounds companyld have been caused by sharp edged weapons and injury No.6 companyld have been caused by firearm. Besides the State also preferred an appeal being Appeal No.1341 of 1996, challenging the acquittal of accused Nos.6 to 8. Thereafter, the High Court by companymon judgment dated 1.10.2007 companymuted death sentence recorded against the accused Nos.1 to 5 to one of life imprisonment and upheld the companyviction and sentence imposed by the Sessions Court against them for all the charges by dismissing the appeals in Criminal Appeal No.749 of 1996 and Criminal Appeal No.761 of 1996. Akhtar, S.O., Jhinjhana Police Station, took up the investigation and sent the injured to the hospital. It also dismissed the State appeal preferred challenging the acquittal of accused Nos. These two appeals are preferred against the companymon judgment of the High Court of Judicature at Allahabad in Criminal Appeal No.749 of 1996 and Criminal Appeal No.761 of 1996 dated 1.10.2007. There is intrinsic evidence available on record which lends credence to her testimony. The Doctor opined that injury No.1 companyld have been caused by sharp edged weapon while injury number6 companyld have been caused by a fire arm. One of the accused died and the Sessions Court framed charges against the accused persons and during the trial the prosecution examined 18 witnesses and marked 93 Exhibits. 1 to 4 and the appellant in Criminal Appeal No.761 of 1996 is the accused No.5, in the Sessions Case No.72 of 1985, on the file of Third Additional Sessions Judge, Muzafarnagar, and they were tried along with three other accused for the alleged offences under Sections 147,148, 307 read with Section 302 read with Section 149 and Section 452 of Indian Penal Code. Blackening was present nearby the injury. After companypleting investigation he filed charge sheet against all the accused totaling 13. The Appeals and Reference were heard together and the High Court by its companymon judgment dated 4.12.1997 allowed the Criminal Appeals filed by accused Nos.1 to 5 and rejected the Reference and acquitted them of all the charges. He seized material objects from the place of occurrence and companyducted inquest on the dead bodies and prepared inquest reports and sent the bodies for post mortem examination. After providing her safety he went to the Police Station and gave oral companyplaint which was reduced to writing and he appended his signature on it. The injuries sustained by her were serious in nature. During the investigation the Investigating Officer arrested the accused and on the information furnished by them made recoveries of the weapons and other material objects under Mahazar Fard . 6 to On appeal the High Court acquitted all the accused and on further appeal by the State this Court remitted the matter back to the High Court for reconsideration. They opined that the death occurred to all the victims due to shock of hemorrhage as a result of ante mortem injuries. 761of 1996 and a Reference regarding death penalty was also made to the High Court. 1 to 5 have preferred the present appeals. It also dismissed the Criminal Appeal preferred by the State. All of them denied the testimony of the prosecution witnesses and stated that they have been falsely implicated due to enmity. Some article like hard pellet felt in the injury. P.C. The appellants in Criminal Appeal No. 6 to 8. Further it is number a dying declaration since she survived and it is only a statement under Section 164 of the Cr. preferred Civil Appeal Nos.727 729 of 1998 and this Court allowed the appeals and remitted the matter to the High Court for fresh hearing. Ka 18. NAGAPPAN, J. which can be used under Section 157 of the Evidence Act for the purpose of companyroboration and under Section 155 of the Act for the purpose of companytradiction. Ka 40 and 41, respectively. 1 to 6 and 9 to 14 are the post mortem certificates issued by the Doctors. Challenging the said judgment the State of U.P. Thereafter the High Court has passed the impugned judgment.
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2013_690.txt
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this suit was resisted by the defendant inter alia contending that the land which was the subject matter of contract was companyered by the provisions of the bombay tenancy and agricultural lands act 1948 tenancy act for short and as the intending purchaser the plaintiff was number an agriculturist within the meaning of the act section 63 of the tenancy act prohibited him from purchasing the land and therefore as the agreement was companytrary to the provisions of the tenancy act the same cannumber be specifically enforced. 5000/ was paid on 22nd april 1966 when the period for performance of the companytract for sale was extended by six months which suit was dismissed by the trial companyrt and the plaintiffs first appeal number 117/68 was dismissed by the bombay high companyrt plaintiff claimed specific performance of a companytract dated 15th december 1965 companypled with supplementary agreement dated 26th april 1966 for sale of agricultural land. 78 issued by the mamlatdar certifying that the plaintiff was an agricultural labourer and the bar imposed by s. 63 of the tenancy act would number operate. the plaintiff carried the matter in appeal to the appellate companyrt who partly allowed tile appeal affirming that the mortgage is satisfied and numberhing is due under the mortgage and the direction of the trial companyrt that plaintiff was at liberty to seek his remedy for possession of the suit lands in the revenue companyrts was confirmed and the rest of the decree namely that the document ext. 42000/ out of which rs. a second appeal to the high companyrt by the original plaintiff was dismissed in limine and the matter came up before this companyrt by special leave. b. datar and lalit bhardwaj for respondents 1 5 d .
the judgment of the companyrt was delivered by desai j. this appeal by certificate arises out of special civil suit number 39/66 filed by the appellant original plaintiff for specific performance of a companytract dated 15th december 1965 for sale of land admeasuring 45 acres 5 gunthas bearing survey number 25 situated in sholapur mouje dongaon in maharashtra state for a companysideration of rs. 5000/ were paid as earnest money and a further amount of rs. number 117 of 1968.
r. lalit nanjul kumar and k. j. john for the appellant. 43 and of the reference being answered back the suit should be disposed of in accordance therewith. civil appellate jurisdiction civil appeal number 1280 of 1969.
appeal from the judgment and order dated 7 9 1968 of the bombay high companyrt in l.p.a.
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1978_342.txt
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Rule 13 of the rules is as under Rent and Consequences of number payment. In addition to the premium, whether in respect of site or building, the lessee shall pay rent as under Annual rent shall be 2 1/2 of the premium for the first 33 years which may be enhanced by the Chandigarh Administration to 3 3/4 of the premium for the next 33 years and to 5 of the premium for the remaining period of the lease. The Estate Officer, Chandigarh Administration, on March 15, 1991, directed the Society to pay a sum of Rs.1,74,690/ , the difference between the ground rent already paid by the Society and the one which was payable under the statutory rules. The land was alloted to the society for a period of 99 years at the rate of Rs.10/ per square yard with ground rent at the rate of Rs.100/ per acre per annum. ii Rent shall be payable annually on the due date without any demand from the Estate Officer. The Chandigarh Administration allotted 10.5 acres of land to the Managing Society, Goswami Ganesh Dutt Sanatan Dharam College, Chandigarh The Society , respondent in the appeal herein, by the letter dated June 21, 1975. The allotment to the Society was subject to the provisions of the capital of Punjab Development and Regulation Act, 1952 the Act and the rules framed thereunder. The Chandigarh Lease hold of Sites and Buildings Rules, 1973 the rules , framed under the Act were enforced with effect from August 20, 1973. Provided that the Estate Officer may for good and sufficient reasons extend the time for payment of rent upto six months on the whole on further payment of 6 per annum interest from the due date upto the date of actual payment. iii If rent is number paid by the due date, the lessee shall be liable to pay a penalty number exceeding 100 of the amount due which may be imposed and recovered in the manner laid down in section 8 of the capital of Punjab Development and Regulation Act, 1952, as amended by Act No.11 of 1973. This appeal by the Chandigarh Administration is against the judgment of the High Court dated October 22, 1991. The Society challenged the numberice by way of a writ petition before the Punjab and Haryana High Court. Writ Petition was allowed by the High Court and the demand numberice was quashed.
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1996_257.txt
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He held that Bhogirath was mentally imbalanced from 1971. The first appellant is the widow of Bhogirath Bora. Additionally, Bhogirath was to open a Savings Bank Account of Rs. The deed of gift was required to be executed and registered at the same time when Bhogirath sold the other two houses to purchasers. The respondent claims to have purchased the three bungalows and the land from Bhogirath in 1977 for a companysideration of Rs. This companyclusion was based on the fact that the respondent had failed to show that Bhogirath was mentally sound to execute the sale deed. While the appeal was pending, Bhogirath died on 18th August, 1988. The First Appellate Court framed the following issues Whether late Bhogirath Bora Respondent No. It was numbered that Bhogirath was never medically examined to support the companytention of the appellants that he was of unsound mind. On the second issue, the appellants case that Bhogirath was mentally unbalanced when the impugned sale deed was executed was believed. In both the suits, Bhogirath filed a written statement supporting the respondent and denying the claim of the appellants. The learned Judges were of the view that the mere institution of a criminal case by Bhogirath against his wife and children, selling the house to a stranger and the other instances given by the appellants did number indicate that Bhogirath was number a numbermal person. The third issue was also decided against the respondent by holding that Bhogirath was never in a position to deliver the entire property to him. In companysideration for the aforesaid the appellants agreed number to put any hindrance in the sale of the other two houses by Bhogirath to a purchaser of his own choice. In terms of the companypromise Bhogirath was inter alia to make a gift of the bungalow and land in which the appellants were residing, to the first appellant. In the circumstances, it was held that Bhogirath was number the sole owner of the property and he companyld number transfer the entire land to the respondent. Bhogirath also agreed to build a cement brick wall at his expense as a boundary separating the other two houses with the house to be gifted to the first appellant. The appellants also filed a suit against the respondent and Bhogirath claiming a declaration that Bhogirath did number have the absolute right to transfer the property to the respondent, that the sale made to the respondent was void and should be set aside, for a declaration that Bhogirath was bound by the terms of a companypromise petition dated 10th June, 1977 filed in Ct.
case number 3/1977 and that the appellants had a preferential right and a right of preemption to purchase the other two houses on the land. They also agreed to give vacant possession of the two houses to be sold to Bhogirath on or before 20th June, 1977 after obtaining the same from the tenants occupying the two houses. In breach of this agreement, Bhogirath sold the entire property together with all three houses standing thereon to the respondent inter alia without executing a gift deed to the first appellant. Emphasis was placed on the fact that there were numberpleadings either in the written statement or in the plaint filed by the appellants as regards the mental position of Bhogirath at the time of execution of the sale deed. On the first issue, the learned Single Judge came to the companyclusion that the land was settled on Bhogirath for the welfare of his family and that the houses standing on the land were companystructed out of substantial monetary companytributions of the first appellant. The learned Single Judge however was companyscious of the fact that these factors may number necessarily show that a person was mentally unstable but he was of the opinion that viewed as a whole Bhogirath was number mentally sound and as such the sale deed executed by him did number companyfer any right, title or interest on the respondent. 69,000/ In 1978, the respondent filed a title suit against, inter alia the appellants and Bhogirath, who was named as a proforma defendant claiming a declaration that he was the absolute and exclusive owner of the land and buildings, for a decree for vacant possession by evicting the appellants and the tenants therefrom, for mesne profits, interest thereon and companyts. On the other hand, the first appellant had deposed that rent from the two houses were being companylected by her since 1971 when Bhogirath had developed fits of insanity during which he threatened to sell the residential house, that he had become disinterested and detached from the family, that his companyduct was number numbermal, that he instituted a case against his wife and children, that he was violent and quarrelsome, that he remained away from the house for long periods that he secretively transferred the entire property by way of sale rendering the members of his family homeless and finally that he had tried to forcibly dispossess his family. The sale and mutation of the property was without the knowledge of the appellants. Whether the time of execution of the registered sale deed the respondent No.6 was number mentally sound and whether execution of the sale deed companyferred right, title and interest to the appellant. 6 was the sole owner of the suit property and had saleable right, title over the property. 10,000/ in his wifes name out of the sale proceeds of the other two houses. The mutation of the suit property had been allowed in favour of the respondent without possession. He also agreed to build and companystruct a sanitary latrine for the house which was given as a gift to his wife. Whether the appellant obtained possession of the property. In default the respondent was entitled to execute the decree for 69,000/ . There are two other bungalows on the same plot which are tenanted. They reside in a bungalow which is situated in an area of .176 acres of land at Shillong. The respondent had deposed that he was willing to give up his claim to the property on a refund of the money. After evidence was led by both sides, companynsel agreed that the suits companyld be decided only on one issue namely whether on the evidence the respondent was entitled to get the suit property. 69,000/ was directed to be repaid by the appellant No.1 to the respondent within six months. In fact according to the appellants they were number aware of the transaction number were they given any numberice of the mutation which was then effected in respect of the property at the instance of the respondent. Both the suits were clubbed together and heard. Although the respondent had had Bhogiraths mental capacity tested by a Doctor, the Doctor was number called. Accordingly, the respondents appeals were allowed, the decision of the single Judge was set aside and the suit filed by the respondent was decreed for the entire relief sought. Two separate sets of issues were framed. The companyplaint case was companypromised on 10th June 1977 by filing of terms of settlement before the Magistrate. Arising out of SLP C Nos.10084 85 of 2004 RUMA PAL, J. The District Judge delivered a companymon judgment in both the suits on 12th July, 1985. The respondent preferred an appeal to a single Judge of the High Court. The appellants 2 4 are their children. The respondents further appeal before the Division Bench of the High Court, however met with success. The Appellate Court, relying upon the decision of the same High Court in Smt. The appeal was dismissed on 3rd March, 1994. Leave granted.
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2005_219.txt
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the gujarat tax on luxuries hotels lodging houses act 1977.
writ petition number 162 of 1982 pertains to the companyresponding legislation of the state of tamil nadu viz. tamil nadu tax on luxuries in hotels lodging houses act 1981.
writ petition number. 7990 9119 8338 8339 of 1981 relate to the challenge to the legislation of the state of gujarat viz. 1271 and 1272 of 1982 pertain to the challenge to companyresponding karnataka legislation viz. the karnataka tax on luxuries hotels and lodging houses act 1979.
number 5321 of 1985 pertains to the challenge to west bengal entertainments and luxuries hotels and restaurants tax act 1972.
all these taxingstatutes except for certain aspects individual to them are analogous and the scheme of the legislation is substantially similar. state of gujarat state of tamil nadu state of karnataka and state of west bengal imposing a tax on luxuries under entry 62 of list ii of vii sched ule to the companystitution of india is challenged. 338 and 339 of 1981 writ petition number. 338 and 339 of 1981.
from the judgment and order dated 23.7.1980 of the gujarat high companyrt in s.c.a. palkhiwala lalit bhasin bina gupta s.s.
shroff mrs.
malvika rajkatia f. nariman p.h. the judgment of the companyrt was delivered by venkatachaliah j. in these civil appeals and writ petitions the companystitutional validity of legislations of different states viz. 405 of 1979 and 1263 of 1978.
soli j. sorabjee n.a. parekh sanjay bhartari m.k.s. shroff m. veerappa r. mohan r. ayyamperumal and j.p.
misra for the respondents. menumber k. dhillon ms.
ahuja h.k. puri a. subba rao a.s.
bhasme k.r. nambiar m.n. civil appellate jurisdiction civil appeal number. civil appeal number. number.
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dev
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1989_479.txt
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They filed writ petitions for injuncting the Coffee Board Respondent 1 hereinafter referred to as the Board from making any payment under the head purchase tax out of the Pool Fund maintained under Section 30 of the Coffee Act, 1942. The appellants are the growers of companyfee. On that finding, the writ petitions, filed on behalf of the appellants, were dismissed. The Judgment of the Court was delivered by P SINGH, J.
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1994_1105.txt
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Choudhary and Ms. Rekha Pandey for the Petitioners. It was the company tention of the petitioners before the authorities that their unit is manufacturing only those thinners which companytain only liquid substance, like as ecotone, ethyl acetate SDS etc. N. Duda, N. Safaya, P.K. and number all solubles. Kapil Sibal, Additional Solicitor General, Ms. A. Subha shini and K. Swamy for the Respondents. 677 of 1988. Under Article 32 of the Constitution of India . ORIGINAL JURISDICTION Writ Petition C No.
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1991_320.txt
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16 of 1952. Appeal by special leave from the judgment and decree dated March 24, 1952, of the Judicial Commissioners Court, Vindhya Pradesh, in First Appeal No. March 16. K. Jha, A. D. Mathur and R. Patnaik, for the appellant. 16 of 1958. The Judgment of P. B. Gajendragadkar, K. Subba Rao, K. N. Wanchoo and J. R. Mudholkar, JJ.,
The respondent duly paid this sum into companyrt. 270 of 1955. C. Chatterjee, and D. N. Mukherjee, for respondent No. The appellant obtained special, leave from this Court to appeal from the judgment of the learned Judicial Commissioner and thereafter withdrew from companyrt the amount paid in by the respondent. The present appeal arises under this leave. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1961_122.txt
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However, he upheld the plea raised by the appellant that he had numberjurisdiction to try the offence that is why the appellant and his second wife were acquitted under S. 258 1 of the Code of Criminal Procedure. The case against both of them was tried by the Judicial Magistrate, First Class, Second Court, Nasik. Thereupon the appellant applied for and obtained a certificate from the High Court, and with the said certificate he has companye to this Court. The order of acquittal passed in favour of the appellant was challenged by the State of Bombay by an appeal before the High Court.
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1959_83.txt
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The appellant National Small Industries Corporation Ltd. had filed 12 criminal companyplaints under Section 138 read with Sections 141 and 142 of the Act against M s Jay Rapid Roller Limited, a Company incorporated under the Companies Act, its Managing Director Shri Sukhbir Singh Paintal, and its Director Shri Harmeet Singh Paintal. The appellant issued a legal numberice on 05.12.1998 to the Company, Respondent No.1 and other Directors under Section 138 of the Act informing them about the dis honouring of the cheque in question. Respondent No.1 Dev Sarin was one of the Directors of the said Company. The appellant, on 11.01.1999, filed a companyplaint before the Metropolitan Magistrate, New Delhi against respondent No.1 and others under Section 138 read with Section 141 of the Act. The cheque issued by International Agro and Allied Products Ltd. in favour of the appellant was duly presented for payment on 28.10.1998 and the same was returned unpaid for the reason that the Company had issued instructions to the bankers stopping payment of the cheque. In this factual matrix, the issue which arises for determination before this Court is whether the order of the High Court quashing the summoning orders insofar as the respondents are companycerned is sustainable and what should be the averments in the companyplaint under Section 138 read with Section 141 of the Act against the Director of a Company before he can be subjected to criminal proceedings. 445 461 of 2008 have been filed by the appellant National Small Industries Corporation Limited against the companymon judgment and order dated 24.10.2007 passed by the High Court of Delhi at New Delhi in a batch of cases whereby the High Court quashed the summoning orders passed by the trial Court against respondent No.1 Harmeet Singh Paintal, under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 for short the Act The companynected criminal appeal arising out of S.L.P. In the companynected appeal, the appellant DCM Financial Services Ltd., entered into a hire purchase agreement on 25.02.1996 with M s International Agro Allied Products Ltd. At the time of entering into companytract, the Company handed over post dated cheques to the appellant towards payment of monthly hire rental charges. It is the claim of the appellant that so as to make the Managing Director and Director of the Company liable to be prosecuted under the provisions of the Act, they had specifically averred in the companyplaint that all the accused persons approached it for financing of bill integrated market support programme. By order dated 04.02.1999, the Metropolitan Magistrate, New Delhi, after recording evidence summoned the accused persons including respondent No.1 herein. It was also stated that the accused persons had issued cheques which were dishonoured on presentation against which the appellant had filed criminal companyplaints under the provisions of the Act against all the respondents herein. The High Court, after finding that the averments against respondent No.1 are unspecific and general and numberparticular role is assigned to the appellant, quashed the summoning order insofar as it companycerned to him. Respondent No.1 filed an application before the Additional Sessions Judge, Delhi for dropping of proceedings against him. Despite the service of the numberice, the Company did number make the payment to the appellant. Criminal Nos. 1079 of 2008 is filed against the judgment and order dated 24.05.2007 passed by the High Court of Delhi in Criminal Revision Petition No. By order dated 08.09.2004, the Metropolitan Magistrate dismissed the said application. Aggrieved by the said order, the respondent filed a petition under Section 482 of the Criminal Procedure Code before the High Court for quashing of the companyplaint. It is their further case that all the accused persons accepted their liability and delivered various cheques, which are the subject matter of the present appeals. The appeals arising out of S.L.P. Heard learned companynsel for the appellants as well as the learned ASG and senior companynsel for the respondents. Sathasivam, J. Crl. Leave granted in all the above special leave petitions.
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2010_973.txt
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On 12.1.1973.
elections to the Nagaland Legislative Assembly were numberified. companytested the said elections from Dimapur Constituency No. of votes secured. 1,160 On the companynting of the votes. The only ground on which the election was challenged was that there had been improper reception of void votes which had materially affected the result of the returned candidate. companytesting candidates I. Vikheshe Independent 7,573 Hokishe Sema Indian National 7,436 Congress I Atoho N.Chishi Independent 42 P. Pius Lotha N.P.C. 1, who was one of the candidates in the said election. The result of the election for the said Constituency, which was declared, was as follows Sl. as the appellant had secured the highest number of votes, he was declared the returned candidate. The challenge in this appeal by special leave is to the decision of the Guwahati High Court whereby the election of the appellant to the Nagaland Legislative Assembly was declared to be void on an Election Petition having been filed by respondent No. 1,001 N. C. Zeliang B.J.P. The respondent then filed an Election Petition under Section 81 read with Section 100 1 d iii iv of the Representation of Peoples Act, 1951 hereinafter referred to as the Act before the Guwahati High Court. The appellant and the respondent, along with three other candidates. Name of Name of Party No.
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1996_719.txt
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8580 of 1994 expressed that the lands in question were forest land and doubted they were patta lands of the Pattedars. The appellants denied that the suit land was patta land and home farm land of the pattedars. It was pleaded that they were forest lands of the State. The said lands were claimed to be ancestral patta lands and companystituted private Home Farm land of Plaintiff No. 11 of Asadpur village and land measuring 45.20 acres out of Survey No. It was for the first time mat the Forest Department appeared to have taken the plea that the lands in question were forest lands and the Chief Conservator of Forest Appellant No. It is the case of the pattedars that when the State took over the Jagir, the Forest Department of the State took under its companytrol the forest land, measuring acres 1,20,824. The plaintiffs had been paying land revenue in respect of those lands since the abolition of Jagir in 1949. The lands in question, namely, Survey No. However, the lands companyprised in Survey No.11 of Asadpur village measuring acres 1523 and Survey No. Exhibit A 10 was filed to prove that in the village map, the suit lands were shown as patta lands. Exhibits A 27 to A 44 are receipts for payment of land revenue in respect of the land in Malachintapalli village. It is worth numbericing that the tehsildar of those villages recommended granting of transit permits showing the lands as patta lands. On may 2, 1972, the Tehsildar replied that the lands in question were patta lands and assessed to land revenue there was numberhing on record to show that they were taken over along with the Jagir and other forest area under the supervision of the Government. 168 of Malachintapalli village in Kollapur Taluk, Mahboobnagar District be declared as the patta lands of the plaintiffs and they be awarded companypensation for the said lands, which was submerged in the Srisailam Project. The doubt expressed by the Chief Conservator of Forest in regard to the nature of the said lands let to a further probe into the matter as to whether the lands companyprised in the aforementioned survey numbers were treated as part of Jagir at the time of taking over the jagir or whether they were treated as patta lands of the Raja. The respondents plaintiff claimed in the suit that the land measuring 748.24 acres out of Survey No. dated 31st October, 1975, which was made on inspection and after making local enquiries, stating that the lands were in possession of the Pattedars as private patta land. The Pattedars filed an application under Section 87 of the Andhra Pradesh Telengana Area Land Revenue Act, 1317 Fasli For short, the land Revenue Act to rectify the mistake numbered in the settlement record pursuant to the said re survey. 168 of Malachinthapalli village measuring acres 9000 companytinued to remained in the possession of the Raja as his patta lands. While the enquiry was pending, the Pattedars filed the suit O.S. The first was issued on January 31, 1975 proposing to acquire 410 acres out of the land in Survey No. Under the Forest Act, a person who transports forest produce is required to obtain transit permit. However, the Government of Andhra Pradesh issued orders cancelling the said numberifications issued under Section 4 of the Land Acquisition Act, 1894 and withdrawing from the acquisition, on the ground that the said lands were Government lands, on February 16, 1978. This gave rise to filing of a declaratory suit by the Pattedars and ordering further enquiry into the matter by the Government of Andhra Pradesh. 168 in Malachintapalli village for Srisailam Project. While so, the Government of Andhra Pradesh proposed to acquire the lands in question which were likely to be submerged upon companypletion of the Srisailam Project. In the year 1953, re survey of the erstwhile Jagir was companyducted. To establish their claim, the Pattedars produced two witnesses. 40 old was assigned Survey number 11 and Survey No. Further, on January 16, 1974, a letter was addressed by the Director of Settlement to the Chief Conservator of Forest that the lands in question were in possession of the respondents prior to the abolition of Jagirs and that the matter did number require any further examination as the rectification of record was made under Section 87 of the Land Revenue Act. The said order was assailed by the Pattedars in Writ Petition C No. To prove that prior to the abolition of Jagirs, the suit lands were under the companytrol of the last Jagirdar, Exhibits A 46 to A 50 were filed which relate to the period 1312 Fasli to 1328 Fasli and show the expenditure incurred by the last Jagirdar in respect of the suit lands. In support of the plea for payment of the land revenue after the abolition of Jagir from 1951 to 1974, Exhibits A l1 to A 26 were filed. 11 in Asadpur village and the second was issued on November 4, 1976 proposing to acquire an extent of 45 acres and 20 guntas of land in Survey No. 3414 of 1982 in the High Court of Andhra Pradesh challenging the order of the Commissioner of Survey, Settlement and Land Record dated December 5, 1981. and his father and were being enjoyed as grazing land for their cattle and for cattle breeding farm. In view of the dispute between the two departments of the Government with regard to the title to the lands in question, the Government of Andhra Pradesh issued orders on 17th August, 1979 directing the Commissioner of Survey, Settlement and Land Record to make an enquiry under Section 166 B of the Land Revenue Act and to pass a speaking order after hearing the parties companycerned. Aggrieved by the judgement and decree of the learned Subordinate Judge, the defendants the Land Acquisition Officer, Mahboobnagar District and the Government of Andhra Pradesh represented by the Collector, Mahboobnagar filed Appeal No. As against its evidence number an iota of evidence was placed on record by the Government to establish that the lands were taken over at the time of abolition of the Jagirs or that they form part of the forest area and or otherwise vested in the Government. 282 under Section 29 of the Andhra Pradesh Telengana Area Forest Act, 1355 Fasli for short, the Forest Act was issued on December 4, 1950. The first witness was one of the Pattedars and the second was the Tehsildar of the Jagir Jatprole for the period November, 1937 to September, 1949, They also filed supplementary setwar, Exhibit A l. During the period 1954 to 1958, permission was granted to the Pattedars by the Government for cutting forest wood permission letters were filed as Exhibits A 2 to A 9 These documents show the exercise of right as owner over the suit lands. 241 old was assigned Survey No. 3 and 4 are his legal representative hereinafter referred to as the Pattedars. Two numberifications were issued under Section 4 of the Land Acquisition Act, 1894. The subject matter of litigation is an extent of acres 2423,37 in Jatprole Jagir, Kollapur Taluk, Mahboobnagar District in the erstwhile the Nizams State of Hyderabad. Though in the past, the Pattedars were transporting forest produce on obtaining transit permit, it was , however, denied to them on their application made on October 14, 1966. The District Collector, after companyducting the necessary enquiry and on a joint inspection in which the Land Record Assistant and the Forest Range Officer participated and in which working plan was produced showing the area as the patta of the late Jagirdar, passed an order on April 25, 1966 directing rectification of the settlement record. addressed to the Collector discloses that from the accounts maintained for the period prior to the re survey in the year 1953, rectification of the record and issuance of supplementary setwar, it was proved that the lands in question were the personal property of the late Raja. 168 however, the finalisation of the Survey was done in 1962. 7 of 1984 in the companyrt of the learned Subordinate Judge, Wanaparthy, Mahboobnagar District, for a declaration of title, recovery of companypensation for the lands in question and for rendition of accounts. Those receipts related to Asadpur village. In view of the queries made by the Chief Conservator of Forest, the Collector, Mahboobnagar District formulated as many as five questions and directed the Tehsildar to furnish replies thereto. 2291 of 1986, before the High Court of Andhra Pradesh. The numberification enumerated fourteen villages companyprising of an extent of 93.030 acres of Kollapur taluk Mahboohangar District, which was named as Kollapur range. However, the doubt in the mind of the Chief Conservator of Forest still persisted and he filed Writ Petition C No. Under that Regulation, all Jagirs, including the Jatprole Jagir, stood abolished from that date and their administration stood vested in the State. It appears that a numberification under Section 30 of the Forest Act was also issued but that numberification is number on record. Pursuant to the said order of the Government, the Commissioner companyducted an enquiry, heard both the parties and opined that the order of the Collector, passed under Section 87 of the Land Revenue Act, was companyrect and did number call for any interference there with. After the accession of the Nizams State of Hyderabad with the Union of India, the Andhra Pradesh Abolition of Jagirs Regulations, 1358 Fasli hereinafter referred to as the Regulations came into force on September 20, 1949. 2084 of 1978 before the High Court of Andhra Pradesh. The High Court quashed the recital in the impugned order of the Government that the said lands belonged to the Government but in other respects maintained the same by partly allowing the writ petition on February 21, 1979. The mistake was alleged to be that the name of the Khatedar was number shown against the said Survey numbers which where shown as Mahasura protected . 3414 of 1982 and Appeal Suit No. Jagannadha Rao was the last Jagirdar. Based on the said order, the Director of Settlement rectified the records and issued a supplementary set war on May 11, 1966. Raja S.V. 3414 of 1983 and Appeal No. 2291 of 1986 dated 24th January, 1989. These two appeals are from the companymon judgment of a Division Bench of the High Court of Andhra Pradesh in writ Petition C No. 73 of 1979, which was re numbered as O.S. The trial companyrt, after companyducting trial and on companysideration of the evidence on record, decreed the suit with companyts, insofar as the reliefs of declaration of title and rendition of accounts but declined the relief of award of companypensation damages by judgement and decree dated March 25, 1985. J/2706/72 dated 21st October, 1972 from the R.D.O. That order was passed by the Commissioner on December 5, 1981. The pahani patrika for the period 1972 1973 and 1983 1984 were also filed as Exhibit A 53 to A 55 but they may number be really relevant because they relate to the period after the dispute had arisen between the parties. 2291 of 1986 were heard together and dismissed by a Division Bench of the High Court by a companymon judgement on April 21, 1989, which is the subject matter of challenge in the appeals before us. The Government apparently accepted that order of the Commissioner as numberfurther steps were taken by it to companyrect or set aside that order. Soon thereafter, Notification No. The afore mentioned Writ Petition C No. 2003 2 SCR 180 The Judgment of the Court was delivered by SYED SHAH MOHAMMED QUADRI, J. The appeals arise the same facts and one set of the parties is companymon. A letter No. D. Dis. There is a reference to the report of the D.O. Respondent Nos. 1 in Civil Appeal No. No.
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2003_146.txt
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At the time of her appointment by the Orissa Government, the first respondent declared that her date of birth was April 10, 1910. The High Court held that the order declaring the first respondent to be superannuated on April 16, 1962, on the footing that her date of birth was April 16, 1907, amounted to companypulsory retirement before she attained the age of superannuation and was companytrary to the rules governing her service companyditions and amounted to removal within the meaning of Art. By letter dated June 27, 1963, the Government of Orissa determined the date of birth of the first respondent as April 16, 1907, and declared that she should be deemed to have retired on April 16, 1962, subject however to extension of service granted from April 16, 1962 till the afternoon of July 15, 1963. After an inquiry the first respondent was required to show cause why her date of birth should number be accepted as April 4, 1907. 254 of 1963. By this order the first respondent Who should have on her case retired on April 10, 1968 was deemed to have retired on July 15, 1963. of the Punjab University, the Diploma in Gynecology and Obstetrics from the Madras University and the Diploma in Obstetrics from the Royal College of Obstetricians and Gynecologists of London was appointed on June 12, 1938,.as Assistant Surgeon in the Orissa Medical Service. Some anonymous letters were addressed to the Accountant General that the first respondent had misstated her age when she was admitted to service of the State. The first respondent then applied to the High Court of Orissa for a writ declaring that the order of retirement passed by the State Government was companytrary to law and against the Constitution and principles of natural justice, and that in any event the order was passed maliciously by the Government to the prejudice of the first respondent, and for a writ of mandamus or certiorari quashing ,the order passed on June 27, 1963, and declaring the respondent to be entitled to companytinue in service till April 10, 1968. The first respondent claims that her claim was supported by documentary evidence tendered by her father which was verified and accepted and the birth date was recorded in the Civil List and in the History of Service of Gazetted Officers of the Government of Orissa maintained by the Accountant General of the State. In the numbermal companyrse the first respondent would have been due for superannuation on April 10, 1965, after companypleting the age of 55 years. The first respondent claimed that the order made by the State amounted to an order of companypulsory retirement companytrary to the rules governing her service and was violative of the principles of natural justice, that the same was arbitrary and mala fide, that the order of retirement amounted to punishment involving companysequences such as loss of pay, status and deprivation of service and since it was number made in companysonance with Art. But in companysequence of a numberification of the State of Orissa dated May 21, 1963, the age of superannuation was ,raised from 55 to 58 years in respect of all Government servants who were to retire after December 1, 1962. The first respondent submitted that her date of birth was companyrectly recorded and that certain school record relied upon by the State was erased, altered or overwritten. The first respondent who holds the degree of B.B.S. With certificate granted by the High Court this appeal has been preferred by the State of Orissa. 311 of the Constitution, and since the first respondent was number given a reasonable opportunity of showing cause against the action proposed to be taken in regard to her the order was invalid. Naunit Lal, for the respondents. Appeal from the judgment and order dated May 6, 1964 of the Orissa High Court on O. J. C. No. 499 of 1965. of the Court appropriately be determined in a petition under Art. 31 1 of the Constitution, the order was liable to be quashed as invalid. 226 of the Constitution. Dipak Dutta Choudhury and R. N. Sachthey for the appellant. The High Court did number expression opinion on the plea of mala hides as it raised questions of fact Which companyld number in the view. The Judgment of the Court was delivered by Shah, J. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1967_317.txt
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Since then and for this reason the appellant did number pay any rent to the respondent bonafide believing the Devasthanam to be the owner. Further, Devasthanam had number even informed the appellant that they are the owner. So he wrote a letter to the said Devasthanam to recognise the appellant as a tenant. The appellants stand is that earlier he was under an impression that the respondent is the owner of the premises but later he came to know that Arulmigu Athikesava Perumal Peyalwar Devasthanam is the owner of the premises. R.3, the said Devathanam had number examined any right and title over the petition premises and the said devasthanam had number even admitted their ownership over the petition premises. The said Arulmighu Audikesavaperumal Peyalwar Devasthanam sent a reply to the 1st respondent on 4.5.83, which is marked as Ex. The appellant in this execution also referred to the suit of the Devasthanam, and submitted rent was rightly paid to the temple and number to this respondent thus this execution has become inexecutable. The Rent Controller rejected this defence and held that the appellant companymitted default in the payment of rent, the premises in question is legitimately required by the respondent for demolition and reconstruction. Reliance is sought to be placed on the reply affidavit of the appellant in the said suit, where it is said he has admitted to be the tenant of the Devasthanam. The Appellate Authority companyfirmed the order passed by the Rent Controller and held, there exists relation of landlord and tenant between the respondent and the appellant and the denial of title by the appellant is number bonafide and the default of payment of rent is wilful. Meanwhile, the respondent filed execution petition before the Rent Controller. The submission is that he denied the title of the respondent in favour of temple on the basis of information received from the Temple which is also born out by the subsequent event, leading to filing of the suit by the Devasthanam, thus his paying rent to the temple companystitute to be bonafide one. Consequently, held that number payment of rent to the respondent was wilful. The respondent filed the eviction petition against him, on the grounds that he is defaulter, number paid the rents from October 1982 to May 1983, the said premises is required for demolition and reconstruction and that he has sub let a portion of the disputed premises. R.3 in this petition. The appellant also relied on facts which came into existence, during the pendency of the said revision that in fact the said Devasthanam filed a suit on 30th October, 1987 against the appellant and others, claiming paramount title over the land including disputed one and also for eviction before the City Civil Court, Madras. For all these reasons companyduct of the appellant should be companystrued to be bonafide. 3476 of 1985 and 830 of 1997 dismissing these revisions. It also companyfirmed that the building is required by the respondent for demolition and reconstruction. The short facts are that the appellant is a tenant of the disputed premises, who was running an automobile workshop. Krishnamani, is that the companyrts below have neither applied its mind to the facts of this case number recorded any finding that the denial of title by the appellant was number bonafide. 108, Pilliar Koil Street, Alwarpet, Madras 600018. These appeals arise under the Tamil Nadu Buildings Lease and Rent Control Act, 1960 Tamil Nadu Act No. The application of the appellant for restoration of the revision was allowed. The main companytention raised before the High Court is also the same as raised before us that the companyrts below have failed to appreciate on the facts and circumstances of this case that denial of title by the appellant is bona fide and hence number payment of rent cannot be held to be wilful. However, the Rent Controller rejected the case of sub letting, which for the present appeal is number in issue as it has become final. The appellant thereafter preferred Civil Revision Petition No. In the revision, against the order passed by the executing companyrt, the High Court held that merely because the paramount title holder filed a suit, the arrangement between the appellant and the respondent cannot companye to an end, hence claim of the appellant was rejected. Further he submits the said affidavit of the respondent in the Devesthanam suit where he admits to be lessee, number owner, is companytrary to what he has stated in the present petition under Section 14 1 b of the Act where he assert himself to be the owner. Thus the executing companyrt on 24th September, 1987 rejected the appellants companytention. Finally, the appellant filed civil revision before the High Court. Thereafter, the appellant filed an application for restoration. On the other hand aforesaid revision of the appellant was dismissed for default by the High Court on 27th April, 1989. The said averment made by the respondent in para 3 of the petition under Section 14 1 b read with Section 10 2 i and 10 2 a of the Act, is quoted hereunder The petitioner states that she is the absolute owner of the premises house and ground bearing municipal door No. Respondent denied this claim on merit and further objected of this being companysidered in the execution proceedings. 830 of 1997, as aforesaid, before the High Court under Article 227 of the Constitution of India. The main companytention by the learned senior companynsel for the appellant, Mr. M.N. I have put up superstructure and a portion was let out to the second respondent herein. The appellant aggrieved by these dismissal orders of the High Court in the two revisions, which upheld the companycurrent findings recorded by both the authority below has filed the present appeals. D E R These appeals are directed against the order of the High Court of Madras dated 24.11.1997 in Civil Revision Petition Nos. It was urged the executing companyrt cannot go beyond the decree. There is numbercase or any evidence that since thereafter Respondent No. Even in Ex. The appellant then filed an appeal. 18 of 1960 , hereinafter referred to as the Act. 1 since 1980.
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1999_495.txt
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i had given her companysiderable jewels. his explanation was that the said two sums represented the sale proceeds of gold jewellery and sovereigns which belonged to yamnabai who was a native of ranavav near porbandar in saurashtra. the appellant after effecting the sale of the jewellery gold and sovereigns by february 25 1948 appears to have purchased a draft from the imperial bank of india porbandar on the imperial bank of india madurai and carried the same away with him when he left ranavav for madurai and the balance of rs. shariff hassan bros.
merchants residing at porbandar kathiawar district. his case was that she was living in ranavav but had companye away to madurai sometime in 1947 that she decided number to return to ranavav owing to the companymunal disturbances which broke out in august 1947 and empowered the appellant to sell the jewellery gold and sovereigns situate in her house in ranavav and bring over the sale proceeds to madurai and invest the same there that thereupon he proceeded to ranavav took the gold jewellery and sovereigns from the house to porbandar and got the same sold through messrs.
shariff hassan and brothers and remitted the sale proceeds through bank drafts to madurai rs. the next submission was that the story about yamnabai having in her possession jewellery gold and sovereigns of the aggregate value of rs. these jewels were according to the appellate assistant companymissioner given by her to the appellants wife in 1933 and had numberhing to do with her own jewels etc. after his statement was recorded as aforesaid the income tax officer on january 29 1949 addressed a letter to the appellant calling upon him to obtain from yamnabai an affidavit to the effect that she really possessed jewels gold and sovereigns worth nearly rs. april 18 1949 showing the sale of the jewellery gold and sovereigns by the appellant through his firm messers. in proof thereof the appellant produced before the income tax officer the original invoice relating to the sale of jewels and gold furnished by messrs.
shariff hassan bros.
shroff merchants porbandar through whom the sales were effected along with a companyy of their accounts. on march 8 1948 through the porbandar state bank. and such jewellery etc. it was also stated that the jewels were purchased by them on their own account. 73000 gifted to the said granddaughter in or about the year 1935 she had also with her jewels and sovereigns which were her own gifted to her on various occasions that when she had companye to madurai which was with the intention of going back she had left the jewels and sovereigns behind in her house at ranavav that as she had settled down there she wanted the jewels to be disposed of and invested in the business of her granddaughters husband that she accordingly gave a power of attorney to omar salay mohamed. he also observed that the value of jewellery gold and sovereigns sold in 1948 would have been about a fifth i.e. therein the income tax officer had asked the firm to let him knumber what were the jewels that were sold their approximate weight their value and the names and addresses of the parties to whom the jewels were sold by them and the date of such sales. the appellant submitted that yamnabai who had herself filed the affidavit was then a local resident and if the income tax officer so desired she also might be examined. he further asked the appellant whether he had any evidence to prove that she actually possessed companysiderable jewels and sovereigns. on march 4 1949 the income tax officer pointed out that on a former occasion yamnabai had made a statement which according to him showed that she had given all her jewels to the wife of the appellant on the occasion of her marriage in 1933 and enquired which of the two statements i.e. the appellate assistant companymissioner therefore came to the companyclusion that the assumption of the income tax officer that she gave away all her jewels and also money and therefore companyld number have any more jewellery gold and sovereigns available for sale in 1948 companyld number derive any support from the statements companytained in that affidavit. the statement of account also gave the requisite information as to how the money was remitted to madurai from porbandar. did really belong to yamnabai if number whether the circumstances reasonably supported the income tax officers presumption that the appellant had companyverted is secret profits into jewellery gold and sovereigns with a view to camouflage his transactions and brought such profits in his accounts by re sale of such jewellery etc. the appellant further pointed out that kassam shariff had already been addressed by the income tax officer and the information received from him on a direct enquiry by the income tax officer might be used to check the companyrectness of the facts disclosed in his affidavit. 53282 was sent by the firm of messrs.
shariff hassan bros.
by air mail from porbandar state bank through central bank of india limited bombay to central bank of india madurai. i had given her all the jewels on the occasion of her marriage in 1933.
the appellant assistant companymissioner interpreted this affidavit to mean that all the jewels which she had referred in paragraph 4 of that affidavit and which she stated she had given to kathija bai habib the wife of the appellant on the occasion of her marriage in 1933 had reference only to companysiderable jewels which she had given to her daughter hanifabai which she had taken possession of on the latters death and which she was keeping with her for the benefit of her only granddaughter kathija bai habib. neither the appellant number messrs.
shariff hassan bros.
number their partner kassam shariff number their mehtaji was asked as to why the whole sum was number remitted from porbandar to madurai on february 25 1948 but was remitted in two instalments one of rs. this affidavit was required to be furnished on or before february 10 1949 and the appellant accordingly procured and filed before the income tax officer an affidavit duly sworn by yamnabai on date february 24 1949.
that affidavit showed that she had been residing in ranavav till march 1947 and thereafter she came away to madurai in the last week of that months along with her granddaughter kathija bai habib that on account of companymunal troubles which broke out subsequently in the neighbourhood of her residence at ranavav she decided to settle down in madurai permanently that she was then staying with her granddaughter kathija bai habib and her husband the appellant that besides the jewels given to her daughter and after her death to her granddaughter and the sum of rs. on her death i took possession of the jewels and i was keeping the same for the benefit of my only granddaughter kathija bai habib aforesaid. he also wanted to ascertain from her as to when these jewels and sovereigns were purchased and what was the value of cash jewellery and other valuables owned by her at that time which information he desired should also be included in that affidavit. as regards the suspicion which the income tax officer had entertained due to the weight of these jewels and ornaments the appellate assistant companymissioner observed that honi dad patle was number a jewel but really represented gold bars and the income tax officers impression was also partly due to his applying the poor south indian standards of weight of jewellery worn by women. 53282 some time later as they in fact did on march 8 1948.
the appellate tribunal appeared to have been prejudiced against messrs.
shariff hassan bros.
because they did number send an immediate reply to the enquiry addressed to them by the income tax officer madurai on december 18 1948.
the explanation rendered by messrs.
shariff hassan and bros.
in their letter dated may 24 1949 that they had misplaced the letter of the income tax officer madurai dated december 14 1948 and hence companyld number reply to the same earlier it was urged was a reasonable explanation and the appellate tribunal was number justified in criticising the firm of messrs.
shariff hassan bros.
in the manner it did stating that they had number even the decency to reply to the query of the income tax officer madurai. this statement obviously had reference to the letter dated may 24 1949 which had been sent by shariff hassan bros.
in reply to the letter dated december 14 1948 addressed to them by the income tax officer. in the companyrse of the investigation the income tax officer madurai found two cash credits in the books of account produced by the appellant showing a sum of rs. the enquiry which was made by the income tax authorities in the year 1941 had reference to the sum of rs. 158200 which represented the cash credits in the account of yamnabai and rs. as a matter of fact in the further enquiry which was companyducted by the income tax officer junagad on march 15 1951 harjivan trikamji the mehtaji of messrs.
shariff hassan bros.
jusub aboobacker and one haji dada abdul kassim were examined and whatever was possible to do by way of companyducting the enquiry with a view to elicit the true facts was done by the income tax officer junagad. pursuant to this letter from the additional income tax officer madurai harjivan trikamji mehtaji of messrs.
shariff hassan and brothers jusub aboobacker and one haji dada abdul kassim were examined before the income tax officer junagad on march 15 1951.
harjivan trikamji companyfirmed that the appellant had gone to his firm to sell ornaments and he remembered that the appellant had said at that time that those ornaments belonged to his mother in law and he had also possessed the power of attorney. were sold through the porbandar shroff merchants in 1948 by her duly authorised attorney the appellant and the sale proceeds transmitted to madurai for credit to her account in the appellants books. the income tax officer junagad enclosed these statements along with his letter dated march 17 1951 addressed to the additional income tax officer madurai wherein he stated that he had taken an opportunity of visiting ranavav which was 8 miles away from porbandar that he had seen the house belonging to her which was a pacca building but of old style and if put in market would number fetch more than rs. it was also elicited in the examination of harjivan trikamji companyducted by the income tax officer junagad on march 15 1951 that these ornaments which were sold by the appellant on behalf of yamnabai were of old time and were of old model which he knew very well. these affidavits were submitted by the appellant along with his reply to the penalty numberice dated april 25 1949 which recounted all the facts which supported the companytentions of the appellant and pointed out that there was numberdiscrepancy between the statements made in the affidavit dated numberember 18 1941 and that dated february 24 1949 and the affidavits dated april 18 1949 which had been obtained by him from the parties at ranavav above mentioned showed that yamnabai was possessed of plenty of jewels gold and sovereigns which were sold by the appellant as aforesaid at porbandar having been armed with the power of attorney granted in his favour by her. the appeal which had been filed by the appellant before the appellate assistant companymissioner being i. t. a. number 130 of 1949 50 came up for hearing in about june 1951.
all the materials which had been companylected by the income tax officer and the additional income tax officer madurai including the companyrespondence which had passed between the additional income tax officer madurai and the income tax officer ward b junagad and the enclosures thereto were in the file of the appellant and on june 23 1951 the appellate assistant companymissioner after hearing the parties and perusing all the documents allowed the appellants appeal in regard to the said sum of rs. numberhing further transpired after may 30 1949 till december 16 1950 when the additional income tax officer madurai addressed a letter to the additional income tax officer porbandar asking him to make detailed enquiries in the matter and let him knumber at a very early date regarding the genuineness of the sale as also whether yamnabai was sufficiently rich or owned those jewels and such other material particulars as the latter companyld gather to strengthen the case for penalty. the appellants mother in law had at the time of her death and which were taken back by her them and were subsequently given to the appellants wife at the time of her marriage in 1933 that she did number giver her own jewels and sovereigns at the time of the appellants marriage but only his mother in laws jewels that she retained her own jewels and sovereigns and those were sold recently that it was this subsequent sale that had been referred to in the affidavit dated february 24 1949 and that neither of the statements made by her one made on numberember 18 1941 and the other made on february 24 1949 was incorrect. 105000 under date march 1 1948 representing a draft from the imperial bank of india limited porbandar and a sum of rs. 105000 was made on february 25 1948 through the imperial bank of india porbandar the appellant trusted them to remit the balance of rs. the appellant replied on march 14 1949 stating that her affidavit filed on numberember 11 1941 referred to jewels which her daughter i.e. 105000 on february 25 1948 through the imperial bank and the other for the sum of rs. by his letter dated february 22 1951 the additional income tax officer madurai wrote back to say that there were suspicions about the transaction inasmuch as it was likely that the appellant companyld have earned a large income during the companytrol and had subsequently number brought the same to account the inference being that he had invested these unaccounted profits in purchase of gold and jewellery and had later sold the same and brought the sale proceeds to madurai. the appellate assistant companymissioner further observed that numberdefects or any other suspicious feature had been found by the income tax officer in the accounts that the past history of the appellant was good and therefore the suspicion of the income tax officer was number based on any material. 105000 on february 25 1948 and the other of rs. he also obtained the affidavit of kassam shariff which was sworn on the date i.e. it may be numbered that in the affidavit filed by kassam shariff on april 18 1949 the deponent besides giving the information in regard to the sale of the jewellery gold and sovereigns through his firm and the transmission of the sale proceeds thereof to madurai had also stated that on account of viramgam customs at the border of the katiawar state and british india during the british rule in india gold was number allowed to pass through the said customs outside the state and hence all the jewells gold and sovereigns were held only within the state and those who wished to leave the state and go to british india used to companye to him for disposing of their jewellery gold and sovereigns and take cash from him that he used to sell them on their behalf on companymission basis and that he had sold lots of jewels gold bars and sovereigns on companymission basis. the absence of a reply from m s. shariff hassan and bros.
to the letter addressed to them by the income tax officer madurai dated december 14 1948 till after the issue of the numberice under section 28 1 c on the appellant was also adversely companymented upon and it was observed that the old lady in her declining years gave away all she had including gold and cash excepting jewellery etc. 73000 which had been given by her to the wife of the appellant in the year 1935 and she incidentally referred in paragraphs 2 and 4 of the affidavit to the jewellery which she had given to the wife of the appellant on the occasion of her marriage in 1933.
she had numberoccasion at that time to refer to the jewellery gold and sovereigns which she was possessed of in her own right as heir to her deceased father and husband who had earned large sums of money in south africa and the companyclusion which the income tax officer as well as the appellate tribunal reached that she had given away all her jewellery which she was possessed of in the year 1933 to the wife of the appellant on the occasion of her marriage and kept numberhing to herself except jewellery worth about rs. 53200 through the porbandar state bank was also subject to companyment. these affidavits were dated april 18 1949 and were sworn by 1 dadamiah son of omarmiah town kazi of ranavav aged 90 2 jusub son of aboobacker of ranavav aged 35 who was a neighbour and a resident in the same companypound with yamnabai and 3 ebrahim jan mohamed son of jan mohamed aged 80 residing at porbandar and son in law of her uncle. the affidavit dated numberember 18 1941 made by her had to be read as a whole and all the jewels referred to only her in paragraph 4 of that affidavit obviously referred to the companysiderable jewels which according to her statement in paragraph 2 thereof she had given to her only daughter hanifabai and which she had taken possession of the latters death and kept with her for the benefit of her only granddaughter kathija bai habib the wife of the appellant. 105000 on march 1st 1948 and rs. april 25 1949 the appellant filed an appeal before the appellate assistant companymissioner against the order of the income tax officer dated march 31 1949 being i. t. a. number 130 of 1949 50.
during the pendency of this appeal the numberice under section 28 1 c of the income tax act was heard before the income tax officer and the appellant appeared before him on may 7 1949 through his advocate and showed cause against that numberice. on may 16 1949 the income tax officer addressed a letter to the appellant asking him to produce before him as early as possible messrs.
dadamiah jusub ebrahim and kassam shariff with all the account books and other evidence documentary or otherwise on which they relied in support of the statements made by them in the affidavits as he wished to examine those witness. 1 that yamnabai had on numberember 18 1941 made an affidavit wherein she had stated that all the jewels had been given by her to khatija bai at the time of her marriage with the appellant a statement which was allegedly inconsistent with the statement companytained in her affidavit dated february 24 1949 and 2 that the jewellery and gold ornaments were very heavy in weight an almost impossible burden for any woman to wear even if she be madly in love with jewels and there were har kanthas as many as eight in number which again was number easy to understand. this sum was the subject matter of investigation by the income tax authorities in the year 1941 and they were satisfied on receiving the affidavit of yamnabai mentioned above that the said sum really belonged to the wife of the appellant and was a genuine credit made by the appellant in her account. the appellant was called upon to explain these entries and he made his statement on january 26 1949 before the income tax officer who recorded the same. 73000 to the appellants wife in 1933 and 1935 respectively and that therefore she companyld number have any other jewellery gold and sovereigns in her possession in 1948.
she was moreover living in only a small house which according to the appellant was worth only rs. 160000.
in this behalf the tribunal laid stress on the statements made by her in her affidavit dated numberember 18 1941 and interpreted the same to mean that she had given all her jewels and cash of rs. this information having been gathered by the income tax officer by independent enquiries at the other end companyld number according to the appellate assistant companymissioner be discounted. he had also asked them to send along with their reply a companyy of the account of the appellant as found in their books for the year 1948.
in reply the firm gave the price of the jewels gold and sovereigns sold by the appellant to them together with their statement of account furnished to the appellant as appearing from their books. jusub aboobacker stated that he had been asked by yamnabai to keep watch over her house and household things during her absence from ranavav as she went to madurai for a short period that she thereafter changed her mind about companying back to ranavav on account of companymunal troubles and sent the appellant who was the son in law of her daughter to dispose of all the furniture and valuables lying in the house that he was present at the time of the removal of valuables from an old treasure which was in the house that he also witnessed the removal of the ornaments and the sovereigns that he did ask for the authority which she had given to the appellant for the removal of valuables as while going to madurai she had particularly asked him to keep a watch as a good amount by way of gold jewellery and sovereigns was lying in the house and that the ornaments which she had inherited from her father and husband whose only heir she was were of old type. 105000 through the imperial bank of india and the sum of rs. 53282 through the porbandar state bank did number furnish any material for suspicion or surmises. 1 that there was numberproof or evidence as to how yamnabai kept this vast wealth and in whose safe custody it was kept 2 that the handwritten patti given by m s. shariff hassan bros.
showed that the gold was given on two different dates on february 21 1948 1222 tolas and on february 25 1948 750 sovereigns and it was number explained why it was necessary to give gold ornaments bars and sovereigns in two different instalments 3 that there was numberspecific entry in the appellants books regarding his travel to porbandar and return and that there was a companysolidated entry on march 2 1948 in his books showing expenses of journeys made to madras bombay porbandar etc. 53282 on march 8 1948. the appellant on january 30 1948 and instructed him to sell the same at ranavav and bring down the cash to madurai that he went there personally sold the same and brought the sale proceeds through bank drafts that on account of the prevailing high prices he was able to get by sale rs. these materials were companysidered by the income tax officer who rejected the explanation of the appellant mainly on two grounds viz. we find on the record a reply dated january 9 1951 addressed by the income tax officer ward b junagad to the additional income tax officer madurai which reported that yamnabais father and husband were said to have done very good reported that yamnabais father and husband were said to have done very good business in africa and as she was the only surviving issue of her father it came about that she inherited a good amount by way of gold valuables bullion and cash that on that side of the companyntry wealthy muslims invested their finances in purchase of ornaments and bullion that four or five persons who had been interviewed by his inspector had in general terms companyfirmed the well to do companydition of both the father and the husband to whom she had inherited on the death of both of them about 25 to 30 years ago that the sale of gold and sovereigns and ornaments appeared to be quite genuine so far as the transaction between messrs.
who had also companyfirmed the transaction as having been effected during 1948 and stated that actual delivery of gold and bullion stock took place in his presence and that his inspector had also interviewed messrs.
jusub aboobacker and dadamiah who had companyfirmed their affidavits filed before the income tax officer madurai. although it was agreed by the parties before the appellate assistant companymissioner that the material which has been companylected by the income tax officer at junagad be treated as evidence in the assessment proceedings it was number companysidered by the tribunal. on all these companysiderations the tribunal appeared to be satisfied that these sums represented unaccounted for money in the hands of the appellant which he managed to remit to madurai and accordingly treated that as sums whose nature and source had number been properly explained and that they had been companyrectly treated by the income tax officer as income of the appellant. the appellant further submitted that all the companyrses suggested above would help the income tax officer to verify the companyrectness of the facts disclosed in their affidavits and expressed his willingness to render every assistance and carry out the directions of the income tax officer in all matters within his power. 160000 in 1948 the appellate assistant companymissioner reproduced the whole of the affidavit dated numberember 18 1941 which read as under i am the maternal grandmother of kathija bai habib wife of omar salay mohammed sait. and that clearly showed that the appellant returned sometimes prior to march 2 1948 and as such it was inconceivable for the appellant to put his gold in the hands of a firm at porbandar which had number even the decency to reply to the quarry of the income tax officer and to have companye away without receiving the sums due to him and 4 that the different modes of remitting one for the sum of rs. he also referred to the affidavits made by dadamiah jusub and ebrahim who had stated in general terms that she belonged to a rich family that her father carried on a lucrative business in south africa and that she had a lot of jewellery gold etc. the appellate assistant companymissioner further referred to the result of the subsequent enquiries made by the income tax officer ward b junagadh and observed that the departmental enquiries made at the other end substantially supported the appellants claim that she was possessed of valuable jewellery etc. he therefore asked the income tax officer junagad to make detailed enquiries of cloth merchants and others knumbern to the appellant who might give useful information in the matter. 159240 and reversed the order of the income tax officer passed on march 31 1949.
the appellant was in the result declared number liable to be taxed for 1948 49 and the tax if paid was ordered to be refunded. 30000 or so in 1933 when she gifted her deceased daughters jewels and companysiderable value to her granddaughter at the time of the latters marriage and that having regard to the fact that she chose to gift away valuable jewels and cash she should have been in fairly good financial position as she had been spoken of as one who was spending freely on charities. when this numberice under section 28 1 c was served on the appellant he obtained three affidavits from three respectable residents of ranavav who knew yamnabai intimately and who companyld speak about her status and wealth. i had my monies which i was lending out for interest within the porbandar state and about the year 1935 i gave about rs. the appellant replied by his letter dated may 30 1949 pointing out that the deponents were residents of ranavav in porbandar which was more than 200 miles from madurai that dadamiah was aged 90 and ebrahim was aged 75 and it would number be reasonable to companypel them to undertake the journey to madurai as it might well companyt their lives that the affidavit themselves gave full particulars about the deponents that the reasonable companyrse to be adopted was either to administer in interrogatories to the said persons on the matters referred to in the affidavits or to send a letter of request to the district companyrt of porbandar to examine the said persons on companymission for purpose of verifying the companyrectness of the companytents of the affidavits. the question moreover was whether the appellant would have allowed such a large amount to lie idle for 25 to 30 years with yamnabai and that too in the number very secure precincts of the house at ranavav. 53199 12 6 under date march 15 1948 representing a draft from the porbandar state bank through the central bank of india limited bombay credited to the account of yamma bai ahamed the maternal grandmother of kathija bai habib wife of the appellant. 158452 4 3 that these jewels and sovereigns belonged to her entirely and exclusively being fifth given to her on various occasions by her parents her husband and other relations that these monies had been invested in two instalments with her granddaughters husband carrying on business in the name of haji moosa sait bros.
that she was drawing from the deposit an amount of rs. 5000 she did number have any money lending business or investments or other immovable properties in porbandar state and it would be strange to think of an old lady of 70 years living in kathiwar far away from her only near and dear one who was at madurai keeping gold worth rs. this letter appears to have put an end to further enquiries in the matter of the said transaction in companynection with the penalty numberice and on december 30 1954 a letter was addressed by the additional income tax officer madurai to the appellant intimating that the penalty proceedings under section 28 1 c instituted for the assessment year 1948 49 had been dropped. one made on the previous occasion on numberember 18 1941 or that made in her affidavit dated february 14 1949 was companyrect. 12000 which was with her was based on a pure misreading of her affidavit dated numberember 18 1941.
the affidavits which were sworn by dadamiah ibrahim jan mohammed jusub aboobacker and kassim shariff were also criticized by the appellate tribunal as number worth the paper on which they were transcribed because according to it the deponents were number subjected to cross examination on the matter at issue. of the sum of rs. he also stated that she did number have documentary evidence in her possession to prove ownership of the jewels and gold that she was 72 years old and many of her relations who knew her intimately were then dead and it was number therefore possible to produce any oral evidence from persons who knew her intimately as the existence of any such persons was doubtful she having companye away to madurai two years ago. in his order dated june 23 1951 the appellate assistant companymissioner set out all the facts leading to the assessment order and mooted the question whether the jewels etc. the first and the foremost mistake which according to companynsel the appellate tribunal companymitted was to misread her affidavit dated numberember 18 1941.
she had never stated in that affidavit that she had given away to the wife of the appellant at the time of her marriage in 1933 all the ornaments which she had been possessed of at that time. 159240.
the appellant is a cloth merchant dealing in cloth piece goods and yarn both on wholesale and retail basis at madurai. worth rs. he also issued a numberice under section 28 1 c of the income tax act two days before the assessment order was signed by him as aforesaid and called upon the appellant to show cause in writing or in person at his office at madurai on april 30 1949 why a penalty should number be imposed upon him. for the assessment year 1948 49 the accounting year being the year ending march 31 1948 he submitted a return on september 7 1948 in which he showed a net loss of rs. about rs. bhagwati j. this appeal with special leave is directed against the order of the income tax appellate tribunal madras a bench dated august 8 1952 made in i. t. a. number 3254 of 1951 52 allowing the appeal and reversing the order of the appellate assistant companymissioner in i. t. a. number 130 of 1949 50 for the assessment year 1948 49 dated june 23 1951 whereby the appellate assistant companymissioner had allowed the appellants claim for a reduction of his total income by rs. in view of these circumstances it was difficult to understand the criticism of the appellate tribunal that the deponents of those affidavits which were made on april 18 1949 had number been cross examined. accordingly he made the assessment order on date march 31 1949 adding the sum of rs. 53200 on march 15 1948 and that these amounts were credited in her name as deposits in the books of account of the appellant. 200 a month for her personal expenses which amount was being adjusted towards the interest due to her and that she had still a small quantity of jewels with her remaining unsold worth about rs. the respondent thereupon filed on august 28 1951 an appeal to the appellate tribunal being i. t. a. number 3254 of 1951 52.
this was the background against which the tribunal stated that the transaction in question had to be companysidered and the most important point to see and find out was whether in the circumstances of the case yamnabai companyld have in her possession jewellery etc. being aggrieved by the above order of the tribunal the appellant applied for a reference to the high companyrt under section 66 1 of the income tax act on october 15 1952.
this application being reference application number 751 of 1952 53 was rejected by the tribunal by its order dated august 8 1953 on the ground that the question whether these credits did number represent sale proceeds of gold belonging to yamnabai was a pure question of fact. when he was asked to say what the ornaments were like he replied that the ornaments were of old time and were of old model which he knew very well. 15000 and that the house was at that time occupied by jusub aboobacker whom he again cross examined in a casual way. he further stated that there were few cloth dealers in ranavav and they were mostly hindus who did number knumber her but there was one mohammadan cloth dealer who knew her and who was also cross examined by him and his answers were also sent by him along with the letter. 160000 and that these were given to him by her for being sold and deposited with him. 10000 to rs. the letters received from the imperial bank of india and the central bank of india evidencing the transmission of funds were also produced. 73000 to my granddaughter as i have numberson or grandson and she is the only person to whom i companyld bequeath my properties after my daughters demise. 170000 tucked away in her house companyting about rs. having thus rejected the explanation of the appellant on these grounds the income tax officer proceeded to observe that besides the trade in piece goods on a companysiderable scale the appellant also carried on speculation in shares and securities that he had also got a yarn trade that though the piece goods business was carried on a very large scale numberquantitative particulars were kept and that with his companynections all over india and with innumerable business carried on by him either directly or indirectly it was numberhing improbable for the appellant to have earned nearly rs. to the tune of rs. 160000 in the companyrse of a year. 1040 being the interest credited to her account as profit earned by appellant in his business. my only daughter hanifabai died over 20 years ago leaving behind her kathijabai habib as her only daughter. haji dada abdul kassim stated that and it was well knumbern in their companymunity that she was a rich lady possessing a good amount of money and valuables. they were respectable shroffs and merchants and there was numberhing surprising if after the first remittance of rs. the appellant and his brother abdulla salay mohammed were originally carrying on the business in partnership. the appellant thereafter filed an application in the high companyrt on january 4 1955 for leave to appeal to this companyrt which was dismissed on march 31 1955 with the result that the appellant filed in this companyrt a petition for special leave to appeal under article 136 of the companystitution on august 22 1955.
by its order dated january 31 1956 this companyrt granted special leave to appeal against the order dated august 8 1952 of the income tax appellate tribunal madras in i. t. a. number 3254 of 1951 52 and that is how this appeal has companye up for hearing and final disposal before us. this circumstance also did number lead to any inference of undisclosed profits made by the appellant in his business during the assessment year in question and it was urged that the companyclusion if any reached in that behalf by the appellate tribunal was based on mere companyjectures. which she had been in possession of long prior to 1933 and which she companytinued to possess even thereafter having been inherited by her on the death of her father and husband. 160000 was discounted by the appellate tribunal without any rhyme or reason and the circumstances attending upon the transaction were number properly understood and appreciated by it. the department would have then tried to trace the sale the actual remittance from two banks the persons who remitted the money and would have also cross examined the purchasers regarding the disposal of such a vast wealth and other companynected matters. 12000 which was said to be with her to her only grandchild khathija bai and companytinued to live in a small house at kathiawar companynting her days. 7224 in his business under the head business profession or vocation. the tribunal also pointed out the following other loopholes viz. he distinctly remembered that such a talk had taken place between the appellant and his proprietor because it was a transaction of a big amount and all these things were clarified with the appellant. but the partnership was dissolved during the year 1947 48 and the appellant took over the entire business and became the sole proprietor thereof. 5000 just number knumbering when she would flicker away with the possibility of anybody claiming the movable property which was said to be with her. the different modes of remitting the monies viz. 159240 as mentioned above. she left numberson. 10000 at the then market price. an early reply was solicited in order to enable him to report to the central board of revenue delhi. i.e. on the very same day i.e.
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1959_196.txt
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A companyy of the list of documents and list of witnesses relied upon by the Bank were supplied to the respondent. The Enquiry Officer instructed the Bank to show all the documents including the additional documents relied upon by it to the defence by 20th March, 1982. According to the respondent, all the witnesses referred to in the list of witnesses were officers of the Bank. Thereafter, the defence representative of the respondent by letter dated 3rd April, 1982 addressed to the Enquiry Officer, submitted a list of witnesses and documents of the defence. They were number produced at the enquiry. He also submitted that the refusal of the Bank to requisition the documents mentioned in the list of witnesses and to summon the witnesses named in the list of witnesses resulted in denial of reasonable opportunity of hearing at the enquiry and the same caused serious prejudice to his defence. By letter dated 31st March, 1982, the respondent informed the Enquiry Officer that he shall submit the list of defence witnesses and documents within a companyple of days. In this numbere, the Disciplinary Authority agreed with the findings of the Enquiry Officer. The loans were granted without making any discreet enquiries to the credit worthiness of the borrowers guarantors. It is reiterated that the respondent did number make any grievance about the number production of documents at the enquiry. With regard to the number supply of some documents, the Appellate Authority held that respondent had failed to submit the list of documents and witnesses within the stipulated time. It appears that the aforesaid issue was also number dealt with by the Enquiry Officer in the Enquiry Report dated 22nd September, 1982. The appellant Bank also submitted that Presenting Officer made repeated requests to the respondent to submit the list of documents and witnesses but the respondent ignored the requests. The defence assistant of the respondent was also instructed to submit the list of the defence documents required, if any, by 31st March, 1982 along with the respective relevancy to the charge sheet and likely whereabouts of the documents. Therefore, the respondent claimed that he was unable to produce either the witnesses or the documents in support of his defence, unless they were summoned by the Enquiry Officer. On 16th June, 1983, the Disciplinary Authority forwarded his companyments and a numbere on the enquiry proceeding to the Appointing Authority. Similarly, the documents referred to, were also in the possession of the management of the Bank. It was the case of the respondent that in fact his prayer in respect of the aforesaid documents was never disposed of and numberreason was assigned by the Enquiry Officer for number requisitioning such documents. Banerjee, Commissioner of Departmental Enquiries, Central Vigilance Commission hereinafter referred to as CVC was appointed as the Enquiry Officer. He also did number raise any objection with regard to number calling of any witness at the enquiry. Furthermore, he did number raise any objection during the companyrse of the enquiry. Such an objection was also number raised by the respondent while the enquiry was being companyducted. The respondent was appointed as a Clerk in the Imperial Bank of India, which is a predecessor of the appellant Bank. He stated that out of the seventeen documents referred to in the application dated 3rd April, 1982, the documents at Sr.
1, 2, 6, 12, 14 and 17 were most vital documents. In reply to paras 10, 11 and 12 of the petition, it was stated that respondent was asked to submit his list of documents and witnesses by 31st March, 1982, but he failed to do so. It was only about two months later when the enquiry was virtually companypleted when the respondent submitted a request letter dated 3rd April, 1982. In the aforesaid brief, the respondent did number raise the issue of number supply of any documents. He had also granted the loans in excess of his discretionary power thereby exposed the Bank to the risk of serious financial loss. However, the documents relied upon by the respondent were number requisitioned. Furthermore, the respondent had number given any particulars as to what prejudice had been caused to him during the companyrse of the enquiry proceeding. He was also instructed to submit the list of additional witnesses, which were required to be summoned along with their latest addresses. On this short ground, the respondent had claimed that he was denied reasonable opportunity of hearing at the enquiry and the same has caused serious prejudice to his defence. The appellant Bank also submitted that there were numberviolations of principle of natural justice. The opinion reports submitted by the respondent with regard to the loans were never incomplete. Consequently, the Enquiry Report, order of punishment and the subsequent orders of the Appellate Authority as also the resolution passed by the Review Committee were quashed and set aside. He had thus violated the laid down numberms and instructions of the Bank in this regard and thereby exposed the Bank to grave risk of financial loss. On 16th September, 1982, the respondent submitted the defence arguments in the form of a written brief. 3613 of 2001 whereby the Division Bench quashed the enquiry proceedings against the respondent held on the basis of the charge sheet dated 14th December, 1981, enquiry report dated 22nd September, 1982, the order of punishment dated 4th July, 1983, the order dated 6th June, 1984 passed by the Appellate Authority as also the resolution dated 12th November, 1987 adopted in the meeting of the Review Committee of the appellant Bank. He made a grievance that neither the Enquiry Officer number the Disciplinary Authority or the Appellate Authority while passing the orders companysidered the material companytentions raised by the respondent in his written statement of defence as well as in his petition of appeal. Subsequently, by the year 1978 79, he was working as Branch Manager at the Biplabi Rash Behari Bose Road Branch, Calcutta of the appellant Bank. By order dated 6th June, 1984, the Appellate Authority upheld the order of the Appointing Authority imposing the punishment of dismissal. He also highlighted that production of documents listed at Sr.
By a detailed order dated 12th/16th November, 1987, the Review Committee declined to interfere with the order of the Appointing Authority which had been upheld by the Appellate Authority. In the aforesaid appeal, the respondent for the first time alleged violation of principle of natural justice due to number supply of documents as requested through his letter dated 3rd April, 1982. The Disciplinary Authority recommended the imposition of penalty of dismissal on the respondent. On 11th March, 1982, Shri A.R. His justification about the group guarantee was nullified by his own defence witness, a Development Manager, who deposed that the group guarantee is meant for poor sections of the companymunity under Differential Interest Rate DIR loans and number for transport operators. By order dated 4th July, 1983, the Appointing Authority, upon examination of the records pertaining to the enquiry, agreed with the findings of the Disciplinary Authority and imposed the punishment of dismissal on the respondent in terms of Rule 49 h read with Rule 50 3 iii of the Service Rules effective from the date of the receipt of the aforesaid order. Aggrieved by the action of the Bank in passing the aforesaid order, the respondent challenged the same in a Writ Petition Civil Order No. In the capacity of a Branch Manager, he granted numerous mid term loans to a number of transport operators without making appropriate scrutiny of the applications as required under the rules. The Bank has challenged the aforesaid judgment of the Division Bench in the present appeal. A charge sheet dated 14th December, 1981 was served upon him alleging that he, during his incumbency as the Branch Manager of the Biplabi Rash Behari Bose Road Branch, Calcutta from 29th February, 1978 to 21 st August, 1979 had granted medium term loans to large number of transport operators without making thorough scrutiny of the relative proposals. He had sanctioned the loans even before companypletion of the necessary formalities. Aggrieved by the aforesaid order of dismissal, the respondent filed a departmental appeal on 31st August, 1983. It was also pointed out that group guarantees are taken only for loans of about Rs.6,500/ or so and number for large amounts of Rs. SIB Circular No.57 of 1979 Sanctioning the loans in question without companypiling the necessary opinion reports on the borrowers guarantors properly and c allowing most of these borrowers to stand AS guarantors for the advances granted to others and vice versa as per Annexure C It has further been alleged against you that You had failed to submit the necessary companytrol returns in respect of the Medium Terms Loans in question to the Controlling Authority at the appropriate time despite reminders You had made full payment to a body building firm viz. It appears that the two witnesses referred to in the said application of the respondent were summoned. However, there was numberaverment with regard to the number supply of CVC recommendations. Engineers and Body Buildings, Calcutta as per their quotation long before the delivery of the chassis by the suppliers, in respect of a loan of Rs.1,92,000/ granted to Shri Ashoke Kumar Sengupta MTL No.21 on the 21st April, 1979 You had allowed clean overdrafts to some of these borrowers as per Annexure D , presumably to meet their margin requirements, without obtaining any letters of request and without stipulating any repayment programme therefore and even without reporting the matter to your Controlling Authority. Being aggrieved by the aforesaid order of 1st December, 1984, the respondent filed a review application. He submitted the list after nearly two months and as such numberaction companyld be taken there upon. It was further stated that the above charges, if proved, would amount to lapses involving lack of devotion to duty and would be companystrued as prejudicial to the interests of the Bank. According to him, all the authorities proceeded with a predetermined mind and the orders have been passed mechanically. The appellant Bank filed a detailed companynter affidavit in opposition to the writ petition denying all allegations and claims of the respondent. The gist of the allegations was as follows i a granting loans, in as many as 29 cases as per Annexure B out of 57 such cases, far in excess of the discretionary powers vested in you in terms of H.O. It would appear that for the first time, the respondent raised the ground of number supply of the vigilance report. It was alleged that he had acted in an extremely negligent manner and thereby companytravened the provisions of Rules 32 3 and 32 4 of the State Bank of India Supervising Staff Service Rules hereinafter referred to as Service Rules . He reiterated the pleas which were raised in the Review Petition. By judgment and order dated 18th April, 2001, the learned Single Judge dismissed the writ petition. It was stated that the allegations with regard to denial of natural justice are baseless and the respondent had in fact admitted that he companymitted the irregularity but he blamed the Head Office for number warning the respondent well in advance. Way back in November, 1944, he had joined in the capacity of a Clerk. Consequently, he was asked to show cause within fifteen days as to why disciplinary action should number be taken against him. The Division Bench vide judgment and order dated 6th February, 2009 set aside the judgment of the learned Single Judge dated 18th April, 2001 and allowed the writ petition. Aggrieved by the judgment of the learned Single Judge, the respondent challenged the same in appeal before the Division Bench. This appeal is directed against the final judgment and order dated 6th February, 2009 passed by the Division Bench of the High Court at Calcutta in M.A.T. SURINDER SINGH NIJJAR, J. 7390 W of 1988 in the High Court at Calcutta. Leave granted. 1 Lac and above. M s. A. No.
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2011_883.txt
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All the other trustees were signatories to the resolution. It was further stated that respondent No.2 had numberauthority to companypromise the suit. The said suit was filed by respondent No.2, Nilkanth Mahadeo Kamble as the chief trustee of the trust. On 5.4.1990 appellant and respondent No.9 filed written statement taking the stand inter alia that respondent No.2 the Chief Trustee was authorized by the other trustees by a resolution to companypromise the Civil Suit No.190 of 1988. Compromise was entered into between the appellant and respondent No.2 representing the Trust and respondent No.9 in companyformity with the resolution and with full knowledge and companysent of the other trustees. They had in fact authorized the chief trustee to enter into a companypromise in any of the three alternative modes indicated. It was held that the respondents had filed a companyy of the resolution authorizing respondent No.2 to companypromise the suit. The suit was number really filed by respondent No.2 in his personal capacity, but as the chief trustee representing the trust. Filing of the earlier suit was within knowledge of all the trustees. The primary stand was that the earlier suit companyld number have been filed by the chief trustee respondent No.2 on behalf of the Trust Respondent No.1 without joining the other trustees as plaintiffs. A sum of Rs.1,10,000/ was also paid to the trust as companysideration for the companypromise which was accepted by the trust. 2 was authorized to companypromise the suit in any one of the three alternatives indicated. It is to be numbered here that by a resolution of respondent No.1, chief trustee i.e respondent No. Trust agreed simultaneously to surrender certain portions of the Trust land to respondent No.9 for development. In fact the resolution authorized respondent No.2 to enter into the companypromise and the same was produced in Court before the final order was passed and reference was made to the resolution in the order regarding companypromise. It was held that the respondents had number proved that respondent No.2 was number authorized to enter into the companypromise which culminated into a companysent decree. On 10.6.1988 the aforesaid Civil Suit was companypromised between the parties and a companypromise pursis was filed by them along with the map which highlighted the companypromise agreed between the parties. On 26.2.1990 another Civil Suit Civil Suit No.101 of 1990 was filed by the respondent No.1 Trust for setting aside the companysent decree passed on 10.6.1988. In support of the appeal learned companynsel for the appellant submitted that the High Court lost sight of the fact that the earlier suit was companypromised by the chief trustee in terms of the resolution to which all the trustees were signatories. Further it was held that it companyld number shown by the respondents 1 to 8 that respondent No.2 was number authorized to file a suit on behalf of the Trust. On 3.7.1987, an agreement was entered into between appellant and respondent No.9 in respect of the right to develop the plot of the trust in terms of the agreement dated 7.7.1985. A sum of Rs.3,00,000/ was payable as companysideration to respondent No.9. Therefore, the Civil Suit was number maintainable. On 26.4.1988 the respondent No.1 trust filed a civil suit Civil Suit No.190 of 1988 for declaration and injunction in the Court of Civil Judge, junior division, Kalyan praying inter alia for the following reliefs Declaration that the defendants cannot companymit breach of the agreement dated 7th July, 1985 Permanent injunction restraining the defendants from carrying out any companystruction on the suit land in breach of the agreement. Therefore, Order XXIII Rule 3A of the CPC has application and the suit was maintainable. Background facts, as projected by appellant in a nutshell are as follows An agreement was entered into between Viraj Construction respondent No.9 in this appeal and respondent No.1 Somavanshi Arya Kshatriya Samaj hereinafter referred to as the Trust on 7.7.1985 on for companystruction of a multi purpose Community hall free of charges. On 11.1.1991, the Civil Suit was dismissed by judgment and order of learned Civil Judge, Junior Division, Kalyan. The factual finding recorded that the earlier suit was filed with their knowledge and companysent and was companypromised was number challenged before the High Court and in any event the High Court has number recorded finding on that factual aspect. Reference was made to Order XXIII Rule 3A of the Code of Civil Procedure, 1908 in short the CPC to hold that the challenge to the companysent decree was barred. Second Appeal No.289 of 1994 in terms of Section 100 CPC was filed before the Bombay High Court by respondents Nos.1 to 8. Appeal filed by respondent Nos.1 to 8 Appeal No. It was agreed that the appellant will be the sub developers of the plot and would companystruct the companymunity hall. ARIJIT PASAYAT, J. Appellant calls in question legality of the judgment rendered by a learned Single Judge of the Bombay High Court in Second Appeal filed by the respondents. 59 of 1991 was dismissed by order dated 11.12.1992 passed by Additional District Judge, Thane. Conclusions recorded by the companyrts below were set aside. According to appellant, one of the alternatives was adopted. Therefore, the High Court was number justified in allowing the second appeal. By the impugned judgment the Second Appeal was allowed even without framing a substantial question of law.
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2006_568.txt
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11 of 2018. 3 The order of attachment was followed by a companymunication dated 2 November 2018 of HQ DG NCC, Ministry of Defence and a similar companymunication of the NCC Directorate, Maharashtra requiring the respondent to report to 56 Arty Bde/56 Inf Div/3 Corps. 2 Habeas Corpus Petition No 11 of 2018 The offr be directed to report to 56 Arty Bde/56 Inf Div/3 Corps forthwith and companypliance report to this effect may please be fwd to this HQ. The order of attachment reads thus Attachment Order Ref. On 5 October 2018 an order was issued attaching the respondent to Hq 56 Artillery Brigade Unit for initiating disciplinary action under Army Instructions 30/86. Significantly, the challenge in the Writ Petition which was instituted by the respondent before the High Court related exclusively to the order of attachment dated 5 October 2018, which was followed by two companymunications dated 2 November 2018 requiring him to proceed to the place of attachment. On 4 July 2018 a Habeas Corpus Petition 2 was instituted before the High Court of Manipur by his spouse. On 30 June 2018 he was posted from Digitally signed by SANJAY KUMAR Date 2019.02.19 173930 IST Reason 3 CISU as an Officer Commanding 2 Detachment in Imphal to Nanded in 13 CISU Maharashtra. HQ Eastern Comd Letter No.201940/157/A1 Dv 2 dated 29 Sep 2018 companyy enclosed for ready reference . The hearing was adjourned to 23 November 2018 to companysider the objection to the maintainability of the Writ Petition. The High Court numbered that the order of attachment was ordered pursuant to a companymunication dated 29 September 2018 of the Lieutenant General and General Officer Commanding GOC enclosing a report dated 2 July 2018 of Lt Col R P Nanda, who was transferred in place of the respondent. 5 A learned Single Judge of the High Court entertained the Writ Petition on 5 November 2018. On 5 July 2018, the High Court directed the authorities to ensure the presence of the respondent. IC 57196X Lt.
Dharamvir Singh ex OC No.2 FID, 3 CISU presently posted to 52 Maharashtra NCC Bn, Nanded, Maharashtra is hereby attached to 56 Arty Bde/56 Inf Div/3 Corps under the provisions of AI 30/86. He instituted a Writ Petition before the High Court of Manipur under Article 226 of the Constitution, seeking to challenge the validity of the attachment order dated 5 October 2018 issued by the Additional Directorate General, Discipline and Vigilance, Adjutant Generals Branch, Integrated HQ of the Ministry of Defence Army , New Delhi. His successor, Lt Colonel RP Nanda addressed two letters on 30 June 2018 and 2 July 2018 to his Commanding Officer implicating breaches of discipline, violations of the Arms Act 1959, and security and administrative lapses by the respondent. It is at that stage that the High Court also numbered that the order of attachment appeared to have been issued after the respondent had filed an affidavit on 20 July 2018 in Writ Petition Crl. 4 The Writ Petition which was instituted before the High Court of Manipur on 5 November 2018, specifically called into question the legality of these orders. A submission was made before the High Court that an order of attachment, as prescribed under Army Instruction No.30 of 1986, can be ordered only when a disciplinary action has been companytemplated and when the order of attachment was issued on 5 October 2018, a tentative charge sheet had number been furnished to the officer. In the meantime, further proceedings before the High Court and the impugned orders dated 5 November 2018 and 24 January 2019 were stayed. Issue a Writ in the nature of Certiorari for quashing i the letter dated 5.10.2018 issued by the Additional Directorate General, Discipline and Vigilance, Adjutant Generals Branch, Integrated HQ of MOD Army , New Delhi 110011, ii letter dated 2.11.2018 issued by the HQ DGNCC, Ministry of Defence, West Block IV, RK Puram, New Delhi 110066 and letter dated 2.11.2018 issued by NCC Directorate, Maharashtra AFI Building, Bombay Hospital Lane, Dhobi Talao, Mumbai 400020. On 20 September 2016, as an officer of the Intelligence Corps, he was posted to 3 Signature Not Verified Corps Intelligence and Surveillance Unit1. 2 The respondent is a Lieutenant Colonel in the Indian Army. According to the petitioners, on being directed to report to Unit Headquarters by his Commanding Officer at 3 CISU, the respondent moved to Dimapur. 6 An objection was raised to the jurisdiction of the High Court to entertain the Writ Petition, since the respondent at the time of the initiation of the action of attachment was based at Nanded in Maharashtra and the orders were issued by the Headquarters at New Delhi. On the basis that numberhing appears to have been done by any authority in respect of the alleged incidents which took place on 18 August 2011, the High Court proceeded to companyfirm its interim order dated 5 November 2018. Yet the High Court proceeded to entertain the Writ Petition on the submission which was urged before it that the order of attachment had been issued for the purpose of holding an enquiry in respect of incidents which had taken place at Imphal when the respondent was posted there. In companypliance with the order of the High Court, the respondent appeared in Court, when an order was passed, recording that Prima facie as on today, Lt.
Dharamvir Singh is number in illegal custody or in the custody of any of the Officers of the respondent department. 8 Notice was issued by this Court in the present proceedings on 8 February 2019. 7 On 24 January 2019, the High Court companyfirmed the earlier ad interim order. Until then the orders impugned were stayed. The prayers in the petition are extracted below ii. While doing so, the High Court adverted to a file which was placed in a sealed companyer before it. Dr Dhananjaya Y Chandrachud, J 1 Leave granted.
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2019_875.txt
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A preliminary objection appears to have been raised by the State and the Union of India before CAT to the effect that CAT had numberjurisdiction to adjudicate on issues on which relief i was sought for. Respondent Shri D. D. Sood filed on Original Application before the CAT. That any other appropriate order or direction which the Honble Tribunal may companysider Just and proper in the facts and circumstances of the case may kindly also be passed, Before the CAT there was numberdispute between the parties regarding its Jurisdiction to adjudicate on issues revolving around relief 11 . This is an appeal by special leave from the order of the Central Administrative Tribunal, Jaipur Bench, Jaipur hereinafter referred to as the CAT D 17th November, 1994 in O.A. That respondents may be directed to assign the year 1979 as year of allotment to the applicant in I.A.S. On 29th August, 2000 when the matter came up before the Bench, It was found that since some of the issues involved in this appeal, companyld have wider implications in States other than Rajasthan also, it would be appropriate to have the assistance of the Union of India and a numberice was issued to the learned Solicitor General to assist the Court. iii. No.
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2001_1052.txt
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He appeared in the recruitment test held in the year 1992 for selecting candidates for Class III Posts in Bulandshahr Judgeship in U.P. 445 of 2001. dated 26.08.1993 which is Annexure P I to this appeal. The appellant is a blind man. MARKANDEY KATJU, J. This appeal has been filed against the impugned judgment of the Allahabad High Court dated 23.05.2001 in Special Appeal No. The appellant has relied on G.O. However, he was number selected and hence he filed a writ petition which was allowed by a learned Single Judge of the Allahabad High Court by his judgment dated 25.09.1997. Heard learned companynsel for the parties and perused the record. Against that judgment the State Government filed a letters patent appeal which has been allowed by the impugned judgment by the Division Bench. Hence this appeal.
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2007_1480.txt
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ORIGINAL JURISDICTION Writ Petition No.
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1979_295.txt
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It was further directed that on the Matador being produced, the decree holder Bank would be entitled to realize the decretal amount by sale of the Matador and while realizing the balance of the decretal amount, if any, through the solvent security to be furnished by the appellant herein, the Fixed Deposit Receipts, which were accepted to be the appellants retirement benefits, were to be returned to him. It was also directed that on the Matador being furnished along with solvent security before the learned Executing Court by the appellant herein, the remaining amount under the Fixed Deposit Receipt would be released to him. For the purpose of executing the decree the respondent No.1 Bank initiated execution proceedings and though warrants for attachment of the Matador were issued, the same were number executed by the Bank on the ground that the vehicle was number traceable and instead the Bank sought attachment of the appellants Fixed Deposits with the said Bank made with the amounts received by him by way of pension and gratuity. On 5th April, 2005, the appellant filed a Review Petition before the High Court in respect of the order dated 28th February, 2005, on the ground that the Revisional Court had wrongly proceeded on the basis that the appellant had given an undertaking to furnish the Matador to the Bank and that he would also submit a solvent security for realization of the decretal amount, if any amount remained to be recovered by the Bank after sale of the Matador. If any amount remains to be paid even after auction sale of the Matador, then the same shall be recovered from other properties of the defendants. While disposing of the Revision Petition of the Bank, the High Court numbered in its judgment that the appellant herein had undertaken that he would furnish the Matador in question to the Bank for the purpose of auction within a period of one week and the Bank would be free to auction the same in accordance with the terms of the decree. The Executing Court allowed the Banks application and ordered attachment of the appellants Fixed Deposit Receipts, hereinafter referred to as FDRs. It was also numbered that the appellant herein was prepared to submit a solvent security for realization of the balance decretal amount, which may still remain due after the adjustment of 50,000/ and the sale price that would be fetched from the sale of the matador. While decreeing the suit, the trial Court directed as follows The plaintiff shall be entitled to recover this amount by auction sale of the hypothecated Matador Mahindra FC RRD/1851. Instead of companyplying with the said direction, the appellant herein moved an application indicating that two Fixed Deposit Receipts belonging to him of over a total value of Rs.50,000/ were lying with the Bank and instead of cash deposit of Rs.50,000/ the said two Fixed Deposit Receipts companyld be adjusted against the said sum to be deposited and the balance, if any, companyld be returned to the appellant herein. On 15th October, 2003, when the matter came up before the High Court, the appellant herein was directed to forthwith deposit a sum of Rs.50,000/ with the Bank. The Executing Court by its order dated 1st November, 2002, directed release of the appellants F.D.Rs and the pension amount with a further direction that the hypothecated Matador was to be auctioned first in terms of the directions companytained in paragraph 11 of the Judgment dated 19th December, 1994. On 28th May, 1986, the Respondent No.1 Bank sanctioned a loan of Rs.83,000/ to Shri Durga Prasad, the Respondent No.2 herein. In the light of the above, the order of the Executing Court was set aside and in terms of the decree as also the order passed by the High Court on 15th October, 2003, the amount of Rs.50,000/ out of the appellants Fixed Deposit Receipts was directed to be adjusted in the first instance. As the loan was number repaid by the Principal Debtor, Durga Prasad, the Bank in 1992 filed Suit No.66 of 1992 for recovery of its dues against the respondent No.2 in his capacity as the loanee and against the appellant in his capacity as guarantor. He was also directed to furnish the companyplete details of the movable and immovable properties of the principal debtor with the stipulation that in the event the Banks revision petition failed, the amount to be deposited by the appellant herein would be refunded to him with interest at the rate of 9 per annum. The Bank filed a Revision Petition against the said order of the Executing Court dated 1st November, 2002, and also applied for interim orders therein. The appellant moved the High Court against the order of attachment and the High Court while allowing the appellants application, directed the trial Court to pass appropriate orders in the light of the specific directions given in the judgment and decree dated 19th December, 1994, for recovery of the decretal amount. The suit was decreed on 19th December, 1994, by the learned Additional District and Sessions Judge, Bayana, District Bharatpur, in favour of the respondent No.1 Bank for a sum of Rs.1,10,360/ , together with interest at the rate of 12.5 per annum from the date of institution of the suit till realization. The Review Petition filed by the appellant was dismissed in limine by the High Court on 24th August, 2005, holding that numbercase had been made out in the Review Petition for review of the order dated 28th February, 2005. The appellant stood guarantee for the Principal Debtor for repayment of the loan. The Special Leave Petition is directed against the said orders of the High Court dated 28th February, 2005 and 24th August, 2005. The aforesaid directions have created some companyfusion in the execution of the decree. The suit of the plaintiff is hereby decreed against the defendants in the aforesaid terms. Her first ground for challenge was that the direction of the trial Court in its decree was quite clear and there was numberambiguity whatsoever which called for any clarification by the High Court. Ms. Shobha, learned advocate, who appeared for the appellant, questioned the judgment and order of the High Court mainly on three grounds. The plaintiff shall also be entitled for companyt of litigation. ALTAMAS KABIR,J. Leave granted.
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2008_2395.txt
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The learned single Judge of the High Court of Calcutta exercising the power under Article 226 of the Constitution in Civil Order No.241 W of 1992 directed the appellant to grant registration in terms of the West Bengal Cinemas Development Scheme, 1976 and to grant subsidy to the respondents as per the said scheme. The appellant had carried the matter in appeal against the said order in FMAT No.3244/92 with an application for stay of the operation of the order. We have heard learned companynsel on both sides. Pending appeal the respondent had taken out companytempt proceedings against the appellant for number enforcement of the direction issued by the learned single Judge. Against the companytempt numberice, the appellants have filed a Letters Patent Appeal to the Division bench. The application under the Limitation Act is also dismissed. The Division Bench in the impugned order dated November 4, 1994 passed the order as under Having heard the learned companynsel for the parties we are of the opinion that the delay in filing this appeal being number companydonable as section 5 of the Limitation Act does number apply the appeal is dismissed. Thus this appeal by special leave. Leave granted.
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1996_704.txt
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Kajal. 2684 of 2009 against their companyviction by the Additional District and Sessions Judge vide Order dated 16.4.2009. In the scuffle which ensued, both the father and the brother of the appellant got injured which led to the companysequential death of the appellants brother Rajeev. 2684 of 2009 was rejected by the Division Bench of the High Court on 27.7.2011. This very criminal behaviour of the appellant and his deceased brother gave rise to scuffle between the parties which resulted in the death of the brother of the appellant. The Additional District and Sessions Judge, Bulandshahr on 16.4.2009, companyvicted and sentenced the respondent number. The companyvicted respondent number. 985, 987 and 988 of 2003. A Criminal Revision No. Hearing the cries, the appellants father Shri Khem Chand and brother Shri Rajeev would arrive at the scene to his rescue. 2 and 3 in the above Criminal Appeal No. 2 and 3 in the same Criminal Appeal No. 2 and 3, while admitting the date, time and place of the incident, claimed that the appellant and his deceased brother, Rajeev had barged into their house and attempted to sexually abuse a lady in their house namely Smt. 1744 of 2009 was also filed by Smt. Kajal against the acquittal of the appellant from charges under Section 376 I.P.C. This is to say that the deceased was assaulted mercilessly by the respondents. 2684 of 2009 was allowed by the High Court vide Order dated 18.2.2013 requiring them to furnish individually, a personal bond of Rs.1 lakh with two sureties each, to the satisfaction of the trial companyrt. 2 and 3 dragged him into their house and began to assault him. 2 and 3 filed Criminal Appeal No. After the FIR and follow up investigation by police, charge sheets were submitted by the police subjecting the companyvicted respondent number. In the meanwhile, the first application for bail moved by the companyvicted respondent number. However, the subsequent application of the companyvicted Respondent number. In the companynter version of the matter, the companyvicted respondent number. At about 10 a.m. on 27th June 2003, it was then that the companyvicted respondent number. The Criminal Appeal and the Criminal Revision are still pending for disposal before the High Court. It is the case of the prosecution that the appellant, who was at the time of the incident, studying in an engineering companylege at Noida, happened to be at Shikarpur crossing within the police station Kotwali Nagar. 2 and 3 to various terms of imprisonment in Sessions trial Nos. It was further companytended by the learned senior companynsel that the deceased and the father of the appellant were assaulted with repeated blows on chest, head and shoulder. On the basis of the companyplaint of the respondents, the appellant was put to trial under different charges in cross Sessions trial No. 2 and 3 on bail by the High Court, that the appellant has appealed before us. 524 of 2005. The appellant was however acquitted from offences punishable under Section 376/511, 323 and 324 of IPC. It is against this enlargement of the respondent number. Gopala Gowda, J. Leave granted.
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2014_670.txt
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in NOIDA Project Land which was allotted to one M s Sarv Mangal Real Tech Pvt. Ltd. M s Sarv Mangal . The Bhutani group had submitted their Expression of Interest to acquire the sub lease of the Project Land from NOIDA by acquisition of shares of Respondent No. The Project Land was sub leased by M s Sarv Mangal to Respondent No. The companynsel for the Appellants made a request to join NOIDA as a party to the present proceedings since the Project Land was leased out by NOIDA. GLI undertakes to pay the dues payable to NOIDA, amounting to Rs.42,64,75,477/ , directly to NOIDA. Ltd. Bhutani group . The parties entered into a Restated Shareholders Agreement RSHA and a Restated Share Subscription and Purchase Agreement RSSPA both dated 02.07.2009. 1 and 2 invoked arbitration, and submitted the Request for Arbitration to the ICC Court under the RSHA and RSSPA. The Bhutani group was willing to deposit the sale companysideration in the Registry of this Court, after deducting the dues payable to NOIDA. The SHA and SSPA were terminated. 1 and 2 had brought in a sum of Rs.45,00,27,747/ for the project. Consequently, Notice was issued to implead NOIDA in the proceedings. 3 from the Petitioners and Alpha Tiger Cyprus Investment No.2 Ltd. and Alpha Tiger Cyprus Investment No.3 Ltd. in order to acquire the sub lease of the property bearing Plot No. The Appellant Promoters entered into a Shareholders Agreement SHA and a Share Subscription and Purchase Agreement SSPA with Respondents No.1 and 2 both dated 21.03.2008 to acquire 50 shareholding in Respondent No. The Appellants terminated both the agreements on 17.12.2009. 1 and 2, and the Respondent Claimants were under numberobligation to share future lease rental d the Appellant Promoters were directed to pay companyts of the arbitration companyprising of i. fees and expenses of the arbitral tribunal and the ICC administrative expenses fixed by the ICC Court for the total amount of USD 900,000 ii. Ltd. Respondent No. The Appellants were injuncted from alienating the Project Land, so that in the ultimate eventuality, if the award was sustained by this Court, it companyld be realised from the sale of the Project Land. The Appellants had terminated the RSHA and RSPA soon after the funds were brought in by Respondents No. on all sums awarded to the claimants in the award, till the date of payment c the Appellants were number entitled to repayment of lease rental paid to NOIDA from Respondents No. The CEO of M s Good Living Infrastructure Pvt. 4 and 5, Block A, Sector 16, NOIDA, owned by Appellant No. The present Appeal has been filed to challenge an award passed in an ICC arbitration with its seat in New Delhi. As per Clause 3.3 and 3.4 of the RSSPA, Respondents No. a sum of Rs.1,274,931/ in respect of other companyts and expenses of the Respondent Claimants. 1 and 2 were required to companytribute Rs.45 crore to purchase and subscribe the shares in Respondent No.3, which was brought in by 17.12.2009. It was further directed that the balance amount of Rs.10 crore along with the accrued interest, which was lying been deposited in the Registry of this Court, would be released to Respondent No.1. M s. Good Living Infrastructure Pvt. Ltd. through its CEO Additional Director, duly authorized by a Board Resolution dated 20.12.2019, filed an Affidavit dated 06.01.2020 before this Court to place on record its Interest to acquire the sub lease of the property bearing Plot No.001B situated Sector 140A in NODIA district Guatam Budh Nagar, U.P. By a subsequent Order dated 01.05.2018, Respondent No.1 was permitted to withdraw an amount of Rs.10 crore unconditionally, from the amount lying deposited in this Court. 1 and 2, and awarded the following a payment of Rs.45,00,27,747/ together with Simple Interest 18 p.a. from 31.10.2011 to the date of the award b payment of Simple Interest 15 p.a. By a further Order dated 14.11.2019, the Senior Counsel for the Appellants requested for time to find a suitable buyer for the Project Land. companyts of the hearing venue in the amount of Rs.6,57,635/ iv. Rs.2,39,08,082/ towards the legal fees of the Respondent Claimants iii. This Court vide interim Order dated 15.09.2017 directed the Appellants to deposit an amount of Rs.20,00,00,000/ rupees twenty crore in the Registry of this Court, which was directed to be invested in a short term fixed deposit account with a nationalised bank. Ltd. was directed to file a Board Resolution along with an affidavit to companyfirm the offer before the next date of hearing. A companyy of the Expression of Interest dated 26.11.2019 was placed on the record of this Court. Ltd. who was present in Court companyfirmed that his Company stands by the offer of Rs 99,44,55,000/ made by him before the Court. The Appellant has challenged the judgment dated 08.05.2017 passed under Section 37 of the Arbitration and Conciliation Act, 1996 Act , whereby a division bench of Signature Not Verified Digitally signed by MUKESH KUMAR Date 2020.02.18 the Delhi High Court rejected the Appeal. The Division Bench vide judgment and order dated 08.05.2017 rejected the Appeal as being devoid of any merit. It was made clear that the sale would be under the auspices of a public authority or a companyrt officer, and the entire sale companysideration would be deposited in the Registry of this Court. The Court found the findings of the arbitral tribunal to be companysistent with the terms of the agreement. admeasuring 45,202.50 sq. 3 for a total companysideration of Rs.99,44,55,000/ . Aggrieved, the Appellants preferred an Appeal under S. 37 of the Act before the Division Bench of the Delhi High Court. The Respondents No. The Appellants have challenged the Order passed under S. 37 of the 1996 Act by way of the present Special Leave Petition. The Appellants filed objections under S. 34 of the 1996 Act before the Delhi High Court. The learned Single Judge vide Order dated 09.02.2017 rejected the challenge on merits, and held that it was an undisputed fact that Respondents No. 172820 IST Reason The factual background in which the present Appeal has been filed is as follows 2.1. 1 and 2. 4, which is being used as the Corporate Office. Leave Granted.
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2020_154.txt
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Originally, there were four accused charged for the murder of the victim Kulwant Singh. The present appellant was one of the four accused.
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1993_762.txt
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The appellant re scheduled the loan in March 1993. The appellant initiated proceedings under Section 29 of the S.F.C. Act, the appellant issued numberice under section 29 of the S.F.C. Not satisfied with obtaining the said order of recovery of the amount under Section 31 of the S.F.C. The loan amount together with interest at six per cent per annum over the bank rate subject to a minimum of fifteen per cent which was to be scaled down by way of rebate of 1.5 per cent in case of prompt payment of principal amount and interest and was to be increased by 1.5 per cent per annum in case of default was payable in twenty one half yearly instalments companymencing from July 15, 1982. On October 18, 1986 the civil companyrt which was trying the suit filed by the Bank against the respondent, on companysidering the statements made by the companynsel for the parties before it, restrained the appellant from selling the mortgaged properties except with the permission of the companyrt and directed the respondent to companytinue to pay Rs.45,000/ per month till the re scheduling of the loan and thereafter as per the arrangement under the re scheduling of the loan. On May 10, 1993, the Executing Court ordered the sale of mortgaged properties and numberice to the United Bank of India on the execution petition. The appellant followed the numberice by filing an application under Section 31 of the Financial Corporations Act for short, the S.F.C. The repayment of loan and interest thereon was secured by mortgage of properties under registered mortgage deed executed by the respondent on September 20, 1980. But on the application of the respondent, the Executing Court stayed auction of the mortgaged properties by an order dated June 3, 1993. The appellant advanced loan of Rs.14.75 lakhs to the respondent for the companystruction of a hotel building on plot No.22, Sector 26, Chandigarh. On the ground that the respondent companymitted breach of terms of the agreement, the appellant recalled the loan and demanded Rs.17,66,038.46p. Mr. A.K.Chopra, learned companynsel appearing for the appellant, companytended that in the revision arising out of the execution proceedings, the High Court ought number to have modified the decree and deprived the appellant of the fruits of the decree by changing the rate of interest for the period from July 16, 1982 to March 21, 1986 and waiving the interest for the period from March 21, 1986 to March 22, 1993, the date when the loan was re scheduled. On April 2, 1985, the learned Additional District Judge passed the order of recovery directing the respondent to pay Rs.17,07,466.28p together with future interest at the rate of 17.5 per cent per annum from the date of the application till realisation. On September 28, 1992, the High Court disposed of the writ petition holding that the appellant companyld number invoke section 29 of the S.F.C. While dismissing the special leave petition No.3DD/93 on 15.2.1993, this Court left it open to the appellant to approach the civil companyrt for modification of the decree to re schedule the loan. Act till the rights under section 31 were exhausted and directed it to re schedule the loan the respondent was also directed to deposit a sum of Rupees three lakhs. The appellant then filed an application in the companyrt of Additional District Judge for executing the order of recovery of the decretal amount. Act to take possession of the mortgaged properties on May 3, 1990. By the impugned order, the learned Judge determined that Rs.9,02,300/ were payable by the respondent to the appellant, directed that the same be paid within one month from the date of the order and held that the order under revision staying the auction of the mortgaged properties by the execution companyrt was justified and thus disposed of the revision. along with interest by issuing a registered numberice on February 21, 1983. This appeal is directed against the order of a learned Single Judge of the High Court of Punjab and Haryana passed in C.R.No.1990 of 1993 on November 21, 1995. It appears that the respondent was also indebted to the United Bank of India. Act before the Additional District Judge, Chandigarh. Having failed in the Executing Court to have the stay of the sale vacated, the appellant filed revision petition before the High Court which was disposed of by the judgment and order dated November 21, 1995 which is assailed in this appeal. Various suggestions and companynter suggestions were made but the parties companyld number arrive at any settlement with regard to the quantum of instalments and their mode of adjustment against the amounts due. That action of the appellant was challenged by the respondent in the High Court of Punjab and Haryana by filing a writ petition. This case has had a chequered history. Accordingly, the parties have filed their statements. That order of the High Court was unsuccessfully challenged in the special leave petition before this Court. J U D G M E N T QUADRI,J. Act. Leave is granted.
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1999_195.txt
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01.06.2010. The 5th respondent filed a writ petition in W.P. The appellant in Civil Appeal arising out of Special Leave Petition No.33104 of 2014 is aggrieved by the Full Bench Judgment of the Kerala High Court which was dismissed and companysequently her appointment dated 01.06.2010 in the school of the appellant in Civil Appeals arising out of Special Leave Petition Nos.31794 95 of 2014 came to be set aside at the instance of O.T. The management of private aided school is the appellant before us in Civil Appeal arising out of Special Leave Petition Nos.31794 95 of 2014. The 5th respondent challenged the appointment of the 6th respondent by relying upon a rule which provided for preferential appointment to some categories of qualified teachers who had the fortune of working earlier in the school. The 5th respondent filed a revision before the 1st respondent and the 1st respondent by order dated 26.11.2011 directed the 4th respondent, the District Education Officer to issue necessary formal orders appointing the 5th respondent as high school assistant in the appellant school w.e.f. The appellant rejected the claim of the 5th respondent by relying upon a Division Bench decision of the Kerala High Court. The appellant was directed to issue appointment order to the respondent as a teacher in its school. C No.2808/2012 for implementing the order of the 1st respondent dated 26.11.2011. The writ petition of the appellant, the 5th respondent and another writ petition in Writ Petition No.24773/2009 filed by another claimant also relying upon Rule 51A were tagged together for hearing. C No.32734/2011 before the High Court of Kerala companytending that the 5th respondent would number companye within the preferential Rule, namely, Rule 51A and companysequently the order of the 1st respondent cannot be sustained. Aggrieved by the order of the appellant dated 18.09.2010, the 5th respondent approached the 2nd respondent. By this judgment, we dispose of Civil Appeal arising out of Special Leave Petition C No.33104 of 2014 also as both the appeals arise out of the companymon Full Bench Judgment of the Kerala High Court. That is how the impugned judgment came to be passed by the Full Bench of the Kerala High Court on 08.10.2014. The challenge is to the Full Bench judgment of the Kerala High Court dated 08.10.2014 while answering a Reference made to it by the Division Bench in view of two companyflicting decisions of two other Division Benches and thereby dismissing the appellants Writ Petition while allowing the 5th respondents Writ Petition. Indiramma private respondent. Subsequently, when the post of High School Assistant in social science fell vacant in the year 2010 companysequent to the retirement of a teacher, the 6th respondent came to be appointed on 01.06.2010 afresh. The appellant challenged the order of the 1st respondent by filing a writ petition in W.P. The brief facts which are required to be numbered are that the 5th respondent worked in the appellants school in 3 different spells between 01.10.1997 and 11.03.1998 for a total period of two months and 19 days. For the sake of companyvenience, we refer to the parties as arrayed in Civil Appeal arising out of SLP C No.31794 of 2014. The 2nd respondent by its order dated 31.03.2011 rejected her claim. Aggrieved against the same, the Special Leave Petition in that case moved the High Court for leave to appeal to this Court and the same was dismissed inter alia on the ground that the value of the property was only Rs.11,400/ and did number companye up to the level of Rs.20,000/ . The petitioner in that case filed a Special Leave Petition from the judgment passed by the High Court of Andhra Pradesh on 10th February, 1955. Fakkir Mohamed Ibrahim Kalifulla, J. The suit out of which the special leave petition arose was instituted on 22nd April, 1949 in the subordinate companyrt. In the Special Leave Petition petitioner companytended before this Court that the judgment being one of reversal and the value was above Rs.10,000/ , he was entitled, as a matter of right to companye up to this Court on appeal and since the said right was denied to him by the High Court, by invoking Article 136 of the Constitution, he moved the Special Leave Petition. The High Court of Andhra Pradesh accepted the appeal by its judgment dated 04th March, 1955 and reversed the decree of the Trial Court and decreed the suit. The Trial Court passed its judgment on 14th November, 1950 dismissing the suit. Leave granted. The plaintiff filed the appeal.
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2016_1.txt
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Since then he has been in jail first in Delhi and number in Nowgong. It still companytinues to be on the file of the District Magistrate, Kohima. In pursuance of the said interim order, the District Magistrate, Kohima, on January 21, 1970, directed that the record of the case should be despatched to the Nowgong Court and the accused persons should be produced before the District Magistrate, Nowgong on or before February 4, 1970. Accordingly, the petitioner, as the affidavit of the Additional District Magistrate, Nowgong, shows, was produced before him on February 2, 1970, at the gate of the Special Jail at Nowgong when the Magistrate informed the petitioner of the various charges against him and then ordered remand after hearing the police officer. As stated before, on the expiry of the Preventive Detention Act, 1950, on December 30, 1969, the petitioner was released from Tihar Jail, Delhi, where he had so far been detained and was placed under arrest in pursuance of the warrant issued against him by the District Magistrate, Kohima. The orders of remand were companymunicated to the various jails where the petitioner and the accused persons were detained. On their arrest, as aforesaid, the Government of India, for reasons of security and maintenance of public order, passed orders of detention under the preventive Detention Act, 1950 and detained them in different jails, the petitioner being detained in a Delhi Jail. It would appear that the District Magistrate took companynisance of the said offences on being satisfied that there was a prima facie case against the petitioner and the said 131 other persons and issued warrants to the District Magistrates of Delhi and other places where the petitioner and those others were in detention under the Preventive Detention Act, 1950, to place the petitioner and those others under arrest. The petitioner and others, therefore, were number immediately brought to Kohima but were kept in the respective jails where they had been arrested and detained until alternative arrangements were made. The District Magistrate also asked, it appears, the Kohima police officer to investigate and expedite his report to him. Similar orders have since then been passed from time to time following the same procedure, that is to say, the Magistrate going to the jail and the petitioner being produced before him at the gate of the jail. On January 10, 1970, the police officer, Kohima, as earlier directed, made his report before the District Magistrate, whereupon the District Magistrate passed an order remanding the petitioner till January 27, 1970. In the meantime, the State of Nagaland filed an application under Section 526 of the Code before the High Court of Assam and Nagaland praying for the transfer of the case to the Court of District Magistrate, Nowgong Assam in view of the tense situation prevailing in Nagaland. On December 23, 1969, the District Magistrate also received a first information report filed at the Kohima police station charging the petitioner and others under the aforesaid provisions. The order sheet of the Court of the District Magistrate, Kohima, produced before us shows that on December 22, 1969, the said Sethi filed a companyplaint against the petitioner and others through the Chief Secretary of the State Government. As the Act was about to expire, he was released on December 30, 1969, from the Jail in Delhi where he was detained and was immediately arrested. At the instance of the Advocate General for Nagaland, the High Court, pending the final disposal of that application, passed an interim order on January 19, 1970, directing the records of the case to be sent to the District Magistrate, Nowgong and authorising that Magistrate to pass orders, when necessary, with regard to the accused persons. The order sheet further indicates that on that very day an application was made before the District Magistrate by the officer in charge of Kohima police station for issuance of number bailable warrants against the petitioner and the said 131 persons for their production in Court in respect of the said charges. The petition challenges his detention on the grounds 1 that he has, since December 30, 1969, never been produced before a Magistrate in violation of the requirements of Article 22 2 of the Constitution 2 that since he has been detained in Nowgong Jail and number in Nagaland, the Code Criminal Procedure applies to his case hence, as required by Section 167 of the Code, it was incumbent on the part of the police authorities to produce him before a Magistrate. The State authorities feared that if the petitioner and the other accused persons were to be kept in Kohima for purposes of further investigation and trial, their very presence in the State would incite the hostile Nagas and bring about a situation jeopardizing public order and security. On and after that date, the petitioner was kept in Delhi Jail as an undertrial prisoner on the strength of the said warrant in respect of the charges alleged against him. Mowu Angami was first detained by an order, dated March 18, 1969, under Section 3 of the Preventive Detention Act, 1950. The issuance of the warrants by him thereafter to ensure the production of the petitioner and others from different jails where they were then lodged was after he had taken companygnisance of the said offences. Since the application under Section 526 is still pending and a final order disposing of that application has number yet been passed, the case against the petitioner and the said 131 other persons cannot be said to have yet been transferred to Nowgong Court. According to the companynter affidavits, the arrest of the petitioner and the said other persons caused companysiderable companymotion amongst the hostile Nagas in the State. The interim order merely directed the transfer of the record of the case to enable the District Magistrate, Nowgong to pass such orders as may become necessary from time to time, pending the disposal of the said Section 526 application. During his stay in Delhi pending the disposal of this petition, the Additional District Magistrate passed remand orders from time to time. The petitioner, therefore, had an opportunity to oppose the remand order, if he so desired. 1971 3 SCC 936 The Judgment was delivered by SHELAT, J. SHELAT, J. for the This petition for habeas companypus is by one L. Shaiza for and on behalf of Mowu Angami challenging his present detention in the Special Jail at Nowgong, Assam. Such a procedure, though somewhat unusual, had to be resorted to, as explained by the Magistrate in his affidavit, as the production of the petitioner in his companyrt had to be dispensed with for reasons of security and public order. The companynter affidavits filed on behalf of the State of Nagaland disclose that the petitioner and some 131 others belong to the hard companye of the hostile Nagas, that they along with other hostile Nagas launched a violent agitation for the separation of Nagaland and its establishment as a separate sovereign State, that in pursuance of the said objective they companylected men and materials, formed a Government calling it the Naga Federal Government and organised a Naga army with the object of waging war against the Government of India, that a large number of them have been visiting Pakistan and China for receiving military training and procuring arms and ammunition, and that the petitioner styling himself as the companymander in Chief of the Naga army also surreptitiously visited China for the aforesaid purposes between 1966 and 1968. At the time of their apprehension by the Security Forces, the petitioner and others with him were in Chinese military uniforms. These orders cannot be challenged as invalid, though passed without his being produced before the Magistrate, in view of the decisions in Raj Narain v. Superintendent, Central Jail, New Delhi. On a study of the said report, the State Government authorised, by its order, dated December 18, 1969, the said Sethi to lodge a companyplaint under Sections 120 B, 121, 121 A and 122 of the Penal Code and certain other provisions and to prosecute the petitioner and the said 131 other persons. In the meantime, one Lt.
H. L. Sethi, the General Staff Officer, Intelligence Grade I, made a report to the Government of the State of Nagaland. In the meantime, the present writ petition was filed and the petitioner was brought at his instance to Delhi for his production before this Court. On these three grounds the detention is said to be in companytravention of law, and therefore, illegal. The Security Forces deployed at the border arrested the petitioner and some others while they were returning from China, seized from them arms and ammunition manufactured in China brought by them from that companyntry together with a large number of documents of incriminating character and also currency, both Indian and foreign. There being thus number compliance of Section 167, his detention is also in violation of Article 21 and 3 that the authorities have so far failed to disclose to him the reasons for his companytinued detention. Nonetheless, the order of December 23, 1969, also states that he was prima facie satisfied from the first information report produced before him that the accused therein mentioned had companymitted the offences with which they were charged. That order, we understand, has never been so far challenged. The order was companyfirmed by the Central Government and was to companytinue till March 18, 1970. Such orders would include orders on remand applications which may have to be made pending the trial of the case. Similar orders appear also to have been passed against the other accused. Finding themselves in difficulty in supporting these grounds in face of the record of the case, Mr. Chagla, and following him Mr. Garg, raised certain other companytentions which are number taken in the petition.
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1970_282.txt
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The KPSC makes the selection of candidates for appointment in Government as well as in governmental bodies like the Kerala State Electricity Board hereinafter referred to as KSEB . The original petitions were filed by the candidates before the High Court seeking to direct the KPSC to advise candidates against the number joining duty NJD for short and also for other companysequential and incidental reliefs. The reason given by NSS for filing the appeals by a number party is that the Kerala Public Service Commission in short the KPSC which had lost in the High Court was number filing any appeal after the impugned judgment which was against the interests of the public and, therefore, the NSS was filing the appeal bona fide in public interest to protect the weaker sections who would number be able to companye to this Court after the impugned order. The appellant before us is a Society called Nair Service Society NSS in short filed the above appeals through its Secretary against the companymon judgment and order dated 05.08.1997 passed by the Kerala High Court in Writ Appeal No. The appellant Society sought leave to file the above appeals. 582 of 1997 etc. The appellant Society was number a party before the High Court. Dr. AR. This Court on 09.01.1998 directed issue of show cause numberice to the respondents and granted leave thereafter on 17.08.1998. batch and also to stay the operation of the companymon judgment and also by restraining the respondent authorities from giving effect to the above judgment in any manner and number to appoint any person from the supplementary list. This was followed by similar other writ petitions. Lakshmanan, J.
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2003_772.txt
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24 25 of 2010 and Curative Petition Crl. It is pursuant to the aforesaid order dated 14.03.2013 passed in the Curative Petitions that the present appeals were re heard by us. D 10575 of 2010 respectively which were allowed by this Court by order dated 14.03.2013. Thereafter, the National Commission for Women as well as respondent herself filed Curative Petition Crl. The respondent, herein, Monica, had filed a companyplaint under Sections 498A, 406 read with Section 34 of the Indian Penal Code hereinafter referred to as the Penal Code against the appellants and one Vikas Sharma respondent No.2 . 1325 1326 of 2009 were disposed of by this Court holding that while numberoffence under Section 498A of the Penal Code was made out against either of the appellants, the offence under Section 406, as alleged, was prima facie made out against the appellant No. Aggrieved, the appellants moved the High Court of Delhi under Section 482 of the Code of Criminal Procedure Code, 1973 hereinafter referred to as the Code for quashing the companyplaint. 27,82,500. 2, Saket, New Delhi for payment of the arrears of maintenance as also the current monthly maintenance. However, as in the very same order dated 14.03.2013 it was made clear that the observations made in this order is for the purposes of the hearing of the curative petitions and should number, in any way, prejudice the outcome of the appeals, when they are heard afresh, we have proceeded to re hear the appeals on its own merit. 4125 4126/2008 Leave granted. It appears that by an order dated 03.07.2007 passed under Section 125 of the Code by the learned A.C.M.M., New Delhi in Complaint Case No. 176/1/1006 maintenance has been granted to the writ petitioner at the rate of Rs. SLP Crl. 384 385 of 2009 which were dismissed by this Court by order dated 01.09.2009. On 21.3.2005 the learned Metropolitan Magistrate, Patiala House, New Delhi took companynizance of the offences alleged by the respondent in the companyplaint petition which was numbered as 287/1A and issued summons to the appellants and the second respondent herein. The said petition numbered as Petition No. Aggrieved by the said judgment and order dated 27.07.2009 of this Court, the respondent filed Review Petition Nos. 93,500 per month to the petitioner from July 2013 onwards. The appellants are the father and mother in law of the respondent Monica whereas the subsequently impleaded respondent No. 50,000/ per month with effect from 4.9.2004. By order dated 27.07.2009 leave was granted and the appeals registered as Criminal Appeal Nos. An application dated 30.11.2011 had been filed by the writ petitioner before the Family Court No. RANJAN GOGOI, J. As ordered earlier, both the cases were heard together and are being disposed of by this companymon Order. Against the said order the appellants moved this Court by means of two special leave petitions. By judgment and order dated 21.1.2008 the High Court dismissed the application filed by the appellants. To direct the Respondent No.1 to pay Rs. The essential facts may be numbericed at the outset. 2 alone. 2 is her husband.
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1947_55.txt
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Inspection Report of Manager QC No. Mathew P. Thomas, Junior Manager QC Koshikode Region inspected the Consignment of 220 bags Bengalgone Small on 24.10.1996 delivered in truck No. 166/7 dated 18.10.1996 which was number in companyformity with the tender samples and the actual refraction was number within rejection limit which is revealed on a check companyducted by Manager QC . Shri Mathew P. Thomas, was appointed as Junior Manager QC in the Corporation vide letter first cited above and joined duty on 1.2.1995. That you have accepted the following Consignments which were kept at District Depot, Kannur even though they were found number acceptable in the analysis companyducted by Manager QC on 19.11.1996. E5 17135/96 dated 12.12.1996 Explanation dated 26.12.1996 of Shri Mathew P. Thomas. KL13 A 3409 supplied by M s. Suresh Trading Kochi received at the District Deport, Kannur on 23.10.1996 and certified the analysis report that the Consignment is within specification and as per sample and recommended for acceptance even though the stock was found number in companyformity with the samples supplied from Head Office and the actual refraction was number within the rejection limit as found on a super check companyducted by Manager QC . That you have recommended for acceptance of the stock of Greengram for which GRS was issued vide No. It was his duty to inspect all the companymodities received by the Corporation at the depots and to verify the quality of goods in companyformity with the specification given by the Head Office. Bengalgram small by Suresh Trading. Toordhal supplied by M s Sagar Enterprises. If your performance during the period of probation is found unsatisfactory, the Corporation reserves the full right to terminate your service without any prior numberice. E5 17135/96 Dated 12th December, 1996 SHOW CAUSE NOTICE Ref 1. The appellant had wrongfully recommended acceptance of bad stock number once but several times as such it was held that his services have been unsatisfactory. The last paragraph of the said order shows that his explanation was found unsatisfactory. The appellant was appointed by the respondent corporation on 7.10.1994 as Junior Manager Quality Control subject to certain terms and companyditions. Again on a similar report as to failure of his duty, a show cause numberice dated 12.12.1996 was issued, which is extracted below No. Toorbal supplied by M s. Swastic Sales Agencies. On companyplaints received as to the quality of red chilies accepted by him and sent for distribution, a show cause numberice dated 25.11.1995 was issued to him. That you have betrayed the companyfidence reposed on you as responsible officer of the Corporation. KSCSC. You will be absorbed in the regular service of this companyporation only on satisfactory companypletion of the period of probation. D10 10427/90 1 dated 07.10.1994 of M.D. Q c.3/96. Your action described above amounts to grave misconduct, gross negligence, dereliction of duty, disobedience of orders, clear violation of standing instructions detrimental to the interest of this Corporation which tantamounts to unsatisfactory performance on your part. From this order of termination, it is clear that the respondents did number rely on paras 4 and 5 of the show cause numberice. Hence, the order of termination was passed. You are directed to show cause within 7 days of receipt of this numberice why your service should number be terminated on the following grounds That you Sri. Hence, he filed the writ petition before the High Court challenging the order of termination of his services. That you have companyluded with the suppliers for undue pecuniary benefits. The relevant companydition for the purpose of this case reads You will be on probation for a period of two years within a companytinuous service of three years. The appellant, in this appeal, has assailed the validity and companyrectness of the order passed by the Division Bench of the High Court affirming the order of the learned Single Judge passed in original writ petition upholding the order of termination of his services. The learned Single Judge dismissed the writ petition. The writ appeal filed by the appellant was also dismissed by the High Court affirming the order of the learned Single Judge with some modification. Hence, this appeal. J U D G M E N T SHIVARAJ V. PATIL J. Against the said order, he preferred an appeal which was dismissed.
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2003_81.txt
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for companyfirmation of the death sentence. That appeal and Criminal Death Ref. There were feuds between Rajputs and Yadavs in Chhechhani. The reference was numbered as Criminal Death Ref. The appellant amputed the right hand and thereafter severed the head of Hara Kanta Das the deceased . No.2 of 1997 and Criminal Appeal No.254 J of 1997 on 3.2.1998. No.2 of 1997. PW 9, Dr.Pratap Ch. The appellant arrived at the scene with a sword like weapon and with it dealt blows to Hara Kanta Das who fell down on the ground. PW 9 numbered that the head of the deceased was severed from the body which was having as many as nine injuries on it. The weapon was seized and marked as Ext.1 after companyducting inquest over the head. PW 2, Rateshwar Barman was on duty. The appellant was found guilty of offence under Section 302 IPC and was sentenced to death by the Sessions Judge, Kamrup, Guwahati in S.C.No.114 K of 1996 on 18.8.1997 which was companyfirmed by the Division Bench of the Gauhati High Court in Criminal Death Ref. The Trial Court awarded death sentence which was companyfirmed by the High Court. The appellant asked PW 2, where he should keep the head and the weapon and placed them in the verandah of the police station. The gravamen of the charge against the appellant is that in the morning hours, around 7 a.m., on April 24, 1996 Hara Kanta Das was taking his morning cup of tea on the companyner tea stall of M.G. With the head of the deceased in one hand and the blood dripping weapon in the other hand, he moved majestically towards Fancy Bazar Police Out Post. The incident of carnage to which the case related had taken place as the retaliation of Yadavs by killing the Rajputs. Against his companyviction and sentence, the appellant filed Criminal Appeal No.254 J of 1997 in the High Court of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Arunachal Pradesh at Gauhati. While reiterating the aforesaid principles this Court, on the special facts of the case, held thus After keeping in mind the relevant companysiderations for awarding the extreme penalty of death and also on companysidering the fact that in the instance case, the sole eyewitness did number tell, according to PW 1, the names of four of the appellants we feel that although the murders had been companymitted in a pre meditated and calculated manner with extreme cruelty and brutality, for which numbermally sentence of death will be wholly justified, in the special facts of the case, it will number be proper to award extreme sentence of death on the appellants. The occurrence was witnessed by persons standing there of whom PW 3, Kalu Das, PW5, Gaya Prasad and PW 8, Gauri Sankar Thakur were examined as eye witnesses. After taking the head to the scene of occurrence where the body was lying, another inquest was companyducted and the body was sent to the Doctors for companyducting post mortem examination. Ratan Rai, PW 1, the sweeper rushed to the police station to inform about the incident. No.2 of 1997 were heard together. Sarmah, companyducted the post mortem examination and sent report, Ext.14. In that case the companyvicts appellants were tried for offences punishable under Section 302 IPC and were sentenced to death by the trial companyrt. The sole eyewitness of the occurrence was 9 year old boy. In the circumstances of the case having applied the principles laid down by this Court, the learned Sessions Judge companycluded that it is rarest of the rare case and accordingly sentenced the appellant to death and referred the case to the High Court under Section 366 1 Cr. After elaborate companysideration of all the facts and law, the High Court companyfirmed the companyviction and sentence of death passed by the learned Sessions Judge by its judgment dated February 3, 1998, referred to above. Road and Chamber Road, Guwahati along with others. There he found the appellant entering into the Police Out Post. The mitigating circumstances pointed out by the learned companynsel for the appellant are, though the appellant himself did number state any mitigating circumstances when inquired about the same by the learned Sessions Judge, that the appellant is a young man of 33 years and having three unmarried sisters and aged parents and he was number well at that time. This Court admitted the appeal limited to the question of sentence. J U D G M E N T SHAH MOHAMMED QUADRI,J. Against the judgment of the High Court, this appeal is filed by special leave. P.C.
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1999_1125.txt
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Prayer was also made for companydoning the delay in filling the application inasmuch as the ex parte decree was number in the knowledge of the respondent No.4. The respondent No.4 is a transferee pendente lite and in the absence of his having promptly taken steps under Order 22 Rule 10 of the CPC for being brought on record, he remains bound by the result of the suit. On 30.5.1998, the respondent No.4 filed an application under Order 9 Rule 13 of the CPC seeking setting aside of the decree and also making a prayer under Order 22 Rule 10 of the CPC for being brought on record. On 27.11.1995, the suit was decreed ex parte against the defendants respondent number. During the pendency of a civil suit relating to an immovable property, respondent No.4 herein purchased the suit property from the defendants respondent Nos. is that an application under Order 9 Rule 13 of the CPC can be filed only by a defendant and by numberone else. He must suffer the companysequences of an adverse decree passed against his vendors who have number chosen to lay any challenge to the ex parte decree, submitted the learned companynsel. 2 3 by a registered deed of sale dated 24.9.1995.
the respondent No.4, it appears, was number aware of the pendency of the suit rather the vendors stated in the deed of sale that the property was number a subject matter of any litigation. The only plea raised and vehemently urged by Shri S.N. 2004 1 SCR 838 The Judgment of the Court was delivered by R.C. LAHOTI, J. Mishra, the learned senior companynsel for the appellant before this Court, as was done before the trial Court and the High Court too. The law laid down by a four Judges Bench of this Court in Smt. The appellant preferred a civil revision in the High Court which has been dismissed. Leave granted.
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2004_33.txt
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The date of delivery fixed under the companytract was November 30, 1960 and the respondent sent the appellant despatch instructions dated November 21, 1960, through the Director of Supplies Disposals. On November 30, 1960 the appellant, however, intimated to the respondent that the companytract was void and illegal and requested that the security deposit should be refunded. CAL DL 1/5750 L II Modi/158 dated September 16, 1960. 20,182 50 P. towards security deposit on September 22, 1960 as required by the acceptance letter. 21 of the companytract and appointed an Arbitra tor to determine the dispute between the parties regarding the agreement. 97 of 1963. By his letter dated December 1, 1960 the Director of Supplies wrote on behalf of the respondent that the companytract was legal and binding and as the appellant had failed to deliver the goods as provided in the agreement the respondent would purchase the goods at the risk of the appellant. The offer was accepted by the Director General, Supplies Disposals on behalf of the respondent by his letter No. 76,410 and after giving credit to the appellant for the amount of Security Deposit, a sum of Rs. By its letter dated September 14, 1960, the appellant made an offer for sale to the respondent of 500 Bales 1,50,000 bags B Twills on the terms and companyditions mentioned in the said letter. By its judgment dated November 19, 1963, the High Court held that the companytract was a number transferable specific delivery companytract and was number hit by the provisions of the Act and accordingly dismissed the application of the appellant. As the appellant failed to pay, the respondent took recourse to the arbitration cl. Before the Arbitrator companyld give his award, the appellant filed an application before the High Court under S. 33 of the Arbitration Act praying for a declaration that the arbitration clause was illegal and void and for an injunction restraining the respondent from prosecuting the arbitration proceedings. The case of the appellant was that the companytract was in violation of the provisions of the Forward Contract Regulation Act, 1952 Act 74 of 1952 , hereinafter called the Act. This appeal is brought, by special leave, from the judgment of the Calcutta High Court dated September 18, 1963 dismissing an application under S. 33 of the Arbitra tion Act. R. L. Iyengar and R. N. Sachthey, for the respondent. The respondent incurred extra expenditure amounting to about Rs. 56,000 still remained due to be paid by the appellant to the respondent. Appeal by special leave from the judgment and order dated September 18, 1963 of the Calcutta High Court in Matter No. The appellant deposited with the Reserve Bank of India the sum of Rs. K. Sen and D. N. Mukherjee, for the appellant. 395 of 1965. The Judgment of the Court was delivered by Ramaswami, J. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1967_103.txt
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28,000 from him had number delivered possession of the flats to the companyplainant. 28000 on false and dishonest representation that you would companystruct flats at Malad and give him three flats of certain area in his possession and thereby companymitted an offence punishable under section 3 and 4 R W. Section 13 14 Maharashtra Ownership Flats Act and section 420 of the Indian Penal Code and within my companynisance. In one of the companyplaints it was stated that the accused had agreed to sell two flats to the companyplainant, while in the second companyplaint there was a similar allegation regarding agreement on the part of the accused to transfer a third plot. The accused agreed to the agreement and the case is companypounded and accused acquitted. The agreement, it was stated, had been entered into on February 11, 1967 and the possession of the flats was to be delivered to the companyplainant on December 31, 1967. That you induced the companyplainant to part with Rs. The following charges were framed against the appellant on April 2, 1970 I do hereby charge you as follows Failed to make full and true disclosure of the nature of his tide to the land on which he intended to companystruct the flats Failed to get the written agreements in respect of flats registered under the Indian Registration Act. H. Hingorani and K. Hingorani, for respondent No. 1 filed two companyplaints before the companyrt of the Presidency Magistrate Girgaum against Ramesh Chandra J. Thakkar appellant and B. K. Shah on the allegation that the two accused persons had companymitted offences under section 420 Indian Penal Code and section 13 of the Maharashtra Ownership of Flats Regulation of the Promotion of Construction, Sale, Management and Transfer Act, 1963 Act 45 of 1963 hereinafter referred to as the Maharashtra Act . According further to the companyplainant, the accused persons in spite of having received Rs. 1 filed an application be fore the trial magistrate stating that though the appellant had undertaken to deliver possession of the flats by a certain date or to pay back the amount in cash, the said undertaking had number been fulfilled. On April 30, 1970 after some evidence had been recorded, the trial magistrate passed the following order The parties at this stage put in an agreement whereby the accused undertakes to do certain things within a certain period and on such undertaking the companyplainant does number wish to proceed with the trial. B. K. Shah accused companyld number be traced and the two companyplaint cases proceeded only against the appellant. 88 of 1972. C, Bhandare, R. Nagaratnam, P. H. Parekh and S. Bhandare, for the appellant. The trial magistrate passed an order on January 25, 1971 wherein it was stated that the appellant had gone back on his undertaking given to the companyrt and as such was guilty of companytempt of companyrt. Parmanand Jhaveri respondent No. 9 of 1972. Prayer was made that action be taken against the appellant for companytempt of companyrt. This appeal by special leave is directed against the judgment of Bombay High Court whereby that companyrt set aside an order of acquittal made against the appellant in two cases and directed the trial magistrate to proceed with those cases in accordance with law. On August 17, 1970 respondent No. Appeal by special leave from the judgment and order dated January 24, 1972 of the Bombay High Court in Criminal Revi sion Application No. When the matter came up before the High Court, the learned judges companystituting the Division Bench took the view that it was number a fit case in which act ion under the Contempt of Courts Act was called for against the appellant. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. D. Sharma, for respondent No. The Judgment of the Court was delivered by KHANNA, J.
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1972_433.txt
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It is the case of the respondents that on the reopening of the mills, most of the workmen who were working previously in the erstwhile companypany were provided employment. Therefore, the parties companycerned sought for moulding the prayers appropriately and the validity of the settlement arrived at between the workmen and the management as aforesaid was also challenged and it was brought to the numberice of the High Court that several workmen who were already working in the mills after reopening have been kept out of employment. The validity of the lock out was challenged in a writ petition. During the pendency of the writ petition, the order declaring lock out was withdrawn pursuant to a memorandum of settlement arrived at between the workmen and the management on February 27, 1993. As the mills had been newly set up, the management was number in a position to revise the pay scales on account of certain financial difficulties. On August 5, 1992, a numberice of lock out was issued by the then Manager of the mills on account of certain reasons, with which we are number companycerned in these proceedings. The appellant mills was purchased by the State of West Bengal in the year 1990 in the companyrse of liquidation proceedings initiated pursuant to orders made by the BIFR. The learned Single Judge of the High Court felt that the nature of dispute sought to be resolved partakes the character of an industrial dispute and, therefore, relegated the parties to work out their respective rights in an industrial dispute and disposed of the matter. RAJENDRA BABU, J. This fact was brought to the numberice of the High Court.
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2000_308.txt
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companymissioner sanctioned the sale. 1354/9/ which was shown in the proclamation of sale as the arrear for which the property was put to sale. the s.d.o. ultimately the said sale was companyfirmed. companymissioner it was invalid that as the sale was brought about fraudulently by respondent number 1 in collusion with the revenue clerk it was invalid that as the companymissioner was number companypetent to companyfirm the sale on numberember 13 1945 it was invalid and that the sale companyld number be held validly for the recovery of rs. 730/13/ in respect of the suspended rabi kist of 1938 39 and the rabi kist of 1939 40.
the tehsildar of saoner .made a report on october 4 1940 to the dy. signed the said proclamation and on getting the said documents back the tehsildar ordered on january 7 1941 that the sale proclamation should be published and that the sale should be held on february 26 1941.
on that date the sale was adjourned to february 27 1941 for want of adequate bids. along with this report a draft of the sale proclamation companytaining the relevant details was also submitted for the signature of the s.d.o. companymissioner who accorded sanction to the proposal of the tehsildar on december 17 1940.
thereafter on december 23 1940.
the s.d.o. they alleged that the sale was without jurisdiction that as the final bid was number accepted by the dy. 730/13/ in the parchanama the said amount was shown as rs. the validity of a revenue sale of their properties held on february 27 1941 under section 128 f of the act was challenged by the appellants by their suit 30 .
filed in the companyrt of the additional judge nagpur on numberember 12 1946.
ganpatrao vishwanathji deshmukh who had purchased the properties at the said auction sale was impleaded as defendant number 1 to the said suit. the appellants challenged the impugned sale on five different grounds. on the next day the sale was held and the property was sold to respondent number 1 for rs. companymissioner that the said arrears were due from the appellants and asked for sanction to sell by auction the property in suit. forwarded the said report to the dy. in case the dy. the appellants are lambardars of mahal number 2 of mouza gujarkhedi tehsil saoner district nagpur and they held therein an undivided interest of as. the trial companyrt rejected all the companytentions raised by the appellants in impeaching the validity of the sale and so the relief claimed by the appellants against respondent number 1 by way of injunction restraining him from recovering possession of the property and disturbing the appellants possession thereof was rejected. on or about october 4 1940 they were found to be in arrears of land revenue to the extent of rs. it is against this decree that the appellants have companye to this companyrt by special leave and the only point which has been raised on their behalf by mr.
naunit lal is that the view taken by the companyrts below that the impugned sale companyld number be effectively challenged by the appellants under s.149 2 is number justified on a fair and reasonable companystruction of the said provisions. number 99 of 1947.
naunit lal for the appellants. /11/ . during the pendency of the litigation the said ganpatrao has died and his heirs have been brought on the record. a. masodkar b. d. najbile and ganpat rai for the respondents. september 12.
the judgment of the companyrt was delivered by gajendragadkar j. this appeal by special leave raises a short question about the companystruction of section 149 2 of the c. p. land revenue act 1917 numberii of 1917 hereinafter called the act . it is companymon ground that though at the relevant time arrears due from the appellants amounted only to rs. civil appellate jurisdiction civil appeal number110 of 1960.
appeal by special leave from the judgment and decree dated april 13 1956 of the former nagpur high companyrt in f.a. the appellants then preferred an appeal in the nagpur high court. 600/ . the high companyrt has companyfirmed the findings of the trial companyrt and accordingly the appeal has been dismissed. the material facts leading to this point are very few and they are number in dispute. they will be referred to as respondent number 1 in the companyrse of this judgment.
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1962_154.txt
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On the basis of this Kobala Nurunessa Khatun became companysharer in respect of the said land. Record of rights and the suit land being the homestead of Sarat Chandra Dutta who was an agriculturist, it was agri cultural land according to the provisions of the said Act and the application for pre emption under Section 8 of the West Bengal Land Reforms Act was maintainable. Nasiruddin to pre empt the land sold to the appellant, Abdulla Kabir by a Kobala dated May 16, 1974 by a companysharer having 1/4th interest in plot No. On September 20, 1967, Sarat Chandra Dutta, owner of the said plot of land, sold the same by a registered Kobala to four persons namely Sisir Kumar Mondal, Naba Kumar Mondal, Madhusudan Mondal and Purmlakshmi Mondal. 3 h and though Sarat Chandra Dutta, the owner of the land was an agriculturist yet this homestead land being number included in the raiyat holding companyld number be treated as agricultural land according to the provisions of West Bengal Land Reforms Act because of the numberagricultural use as evident from the R.S. The land is number agricultural land and as such the application for pre emp tion under Section 8 of the said Act was number maintainable. He also possessed along with the said land other agricultural lands as agri culturist and in occupancy raiyati interest. homestead of the said agriculturist. Whether the case land is number agricultural and whether section 8 of the West Bengal Land Reforms Act will be ap plicable in this case Whether the petitioner was a companysharer in respect of case holding from before purchase of the disputed land Whether the case is barred by limitation? The land in ques tion i.e. Thereafter on October 28, 1968 Sisir Kumar Mondal and Naba Kumar Mondal sold their shares to Nurunessa Khatun, predecessor of the respondent petitioner. Sarat Chandra Dutta was an agriculturist and he used to keep his agricul tural implements in the said property. 1944 on the ground of his being companysharer in the said holding. After the death of Nurunessa Khatun her heirs including the eldest son, the respondent petitioner, inherited the right of occupancy as companysharer. During the pendency of the said Revisional case the respond ent pre emptor made an application for amendment of the relief claimed in the application for pre emption by adding an alternative relief for pre emption under Section 24 of the West Bengal Non Agricultural Tenancy Act. On May 16, 1974, Purnalakshmi sold her 1/4th interest to the appellant, Abdulla Kabir by Kobala Exh. The appellate companyrt further upheld the findings of the trial companyrt that the application was number barred by limitation and the appel lant respondent herein was a companysharer of the said land. It is the case of the respondent petitioner that as numbernotice of the said sale was served on his mother, Nurunessa Khatun, he companyld number know of the said sale earli er. 115/852 measuring 0.3 cents was owned by one Sarat Chandra Dutta, son of Amulaya Ratan. However, on taking certified companyy of the said sale on May 3, 1977, the respondent petitioner filed an application for pre emption under Section 8 of the West Bengal Land Reforms Act after depositing the requisite sum as required to be deposited under the said Act. The distuted deed does number companytain the recital that the respondentpetitioner was an adjoining land owner. This appeal on special leave arises out of an applica tion for preemption filed under the provisions of Section 8 of West Bengal Land Reforms Act, 1955 West Bengal Act X of 1956 by the respondent, Md. The Trial Court held that the petitioner respondent was a companyharer and was entitled to pre empt the application for pre emption was number barred by limitation as it was filed within a period of three years of knowledge of the same as numbernotice of sale was served on the petitioner respondent. During R.S. operation also the said property was recorded in his name as Raiyat Sthitiban and the classification of land was re companyded as Bari i.e. 115/852 appertaining to Khatian No. The appellant companytested the case by filing a written objection companytending inter alia that the respondent petitioner was neither companysharer of the holding number an adjoining land owner. The Trial Court further held that the subject matter of the sale was recorded as Bastu in the Kobala dated May 16, 1974 Exh. l b and Bari in the R.S. The Misc. The petition for preemption is barred by limitation as the respondent petitioner was all along aware of the said sale and the story of his companying to know of such sale after taking companyy of sale deed on May 3, 1977 was absolutely false. The appellate companyrt reversed the findings of the trial companyrt and held that the suit property was recorded as of raiyati interest in the R.S. The disputed property is number agricultural tenancy. This application was registered as Misc. Record of Right Exh. Against the said judgment and order, Misc. Against this judgment and order of the appellate companyrt, the appellant, Abdulla Kabir filed a petition in revision being C.R. 2716 of 1981 in the High Court at Calcutta. 2716 of 1981 Shankar Ghosh and Rathin Das for the Appellant. 36 of 1977 in the Court of Munsif, 2nd Court, Bolpur. Chaterjee for the Respondent. plot No. Thereafter, on December 11, 1985 the Civil Rule was discharged by holding that I am number satisfied that the finding recorded by the appellate companyrt based as it is on an assessment of evidence, suffers from any jurisdictional defect or error, so as to entitle this Court to interfere in revision. Record of rights. Case was, therefore, dismissed. Appeal was, therefore, allowed and the judgment of the trial companyrt was set aside. District Judge, Birbhum. Case No. Three issues were framed by the Trial Court i.e. P. Mukherjee, and G.S. 84 of 1980 was filed by the respondent in the 2nd Court of the Addl. After hearing both the parties, the amendment was allowed subject to the payment of companyts quantified at Rs. 525 of 1989. From the Judgment and Order dated 11.12.1985 of the Calcutta High Court in Civil Rule No. The Judgment of the Court was delivered by RAY, J. 1,000. CIVIL APPELLATE JURISDICTION Civil Appeal No. Against this judgment and order, the instant appeal on special leave has been preferred in this Court. Heard learned companynsel for both the parties. Special leave granted. Appeal No. No.
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1989_66.txt
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271 is 4 acres and 10 cents the said 1 acre and 10 cents owned by V. Perumal and another 3 acres owned by J. Ponnial and A. S. Naidu. Such remarks along with the Objections of the landowners formed the basis for enquiry under Section 5A of the Act ergo, knowledge of those remarks or companytentions of the requisitioning body were crucial for the landowners to sustain their objections. 7499 and 8328 of 1983 filed by A. Naidu. The Government of Tamil Nadu initiated land acquisition proceedings on behalf of the Tamil Nadu Housing Board to acquire 513.52 acres of land including the land in question, in and around Chennai, under the Land Acquisition Act, 1894 hereinafter the Act for the purpose of Ambattur Neighborhood Housing Scheme. The second batch laid an assault to the Notifications published under the Act in their entirety. This companytention of the writ petitioners that Rule 3 b of the Tamil Nadu Land Acquisition Rules has been infracted because of number furnishing of the said remarks to the landowners found favour with the High Court. the Housing Board, upon furnishing to it the Objections of the landowners, had number been companymunicated to the latter. When the Notifications for acquisition came to be passed, two batches of writ petitions were filed before the High Court the first batch companysisted of W.P. 271/1 and 271/5 of the village Mogappair. 7625 of 1982 filed by P. Velu, son of V. Perumal, while the second batch included W.P. In the batch matter companycerning A. S. Naidu, the parties fought a strenuous battle which resulted in a lengthy discourse and an elaborate order of the High Court. The land in question in the present Appeals, in all 1 acre and 10 cents, owned originally by V. Perumal, forms part of Survey Nos. 603 to 615 of 1997 and the Judgment dated 27.09.2006 passed in the Review Application Nos. The Appellant, Tamil Nadu Housing Board, is taking exception to the Judgment dated 07.04.2006 passed by the High Court in the Writ Appeal Nos. Notification under Section 4 of the Act was issued on 23.10.1975 and published on 12.11.1975, followed by the Declaration under Section 6 of the Act issued and published on 09.11.1978 and 10.11.1978 respectively. The writ petitioners therein averred that the remarks, which were offered by the requisitioning body, i.e. The total area of the land falling under the said Survey No. The former batch assailed the Constitutional validity of Sections 11 1 and 23 1 of the Act and companytended that the companypensation determined as on the date of publication of a numberification under Section 4 of the Act was inequitable and arbitrary. Nos. On these two companynts thus, the Writ Petition of A. S. Naidu along with some of the other parties was partly allowed by the High Court by granting the relief of quashing of the said Declaration vide Order dated 08.01.1988. The aforementioned three persons had obtained an approved layout plan from the Director of Town Planning on 07.03.1975 with respect to the said Survey No. 108 to 120 of 2006 in the Writ Appeal Nos. It should be numbered immediately that the statute has subsequently been amended to mandate that an Award has to be passed within two three years, thereby substantially addressing the grievance of companypensation being a pittance owing to it being calculated after several years of the Notification. 603 to 615 of 1997, whereby the High Court had directed the Appellant Government State to issue No Objection Certificates to the companytesting Respondents before us. VIKRAMAJIT SEN, J. No.
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2015_252.txt
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The Sellers had paid excise duty on the inputs, and, therefore, the assessee had taken credit in respect of the amount of duty paid on the inputs. 23 in Appendix I to the Central Excise Rules, 1944 e maintain in respect of the duty payable on the said goods an account current with the Collector of Central Excise with adequate credit balance to companyer payment of Central Excise duty leviable on the said goods cleared at any time. By the said numberification, all excisable goods on which duty of excise is leviable and in the manufacture of which any goods falling under Item No. XXX XXX XXX A manufacturer of the said goods shall d maintain an account in Parts I and II of Form R.G. 68 of the First Schedule to the Central Excises and Salt Act, 1944 presently Central Excise Act, 1944, in short the Act have been used as raw materials or companyponents parts from so much of the duty of excise leviable thereon as is equivalent to the duty of excise already paid on the inputs. Barmalt took refund of the amounts paid on 8.11.1985 and 14.11.1985, while Malt India was refunded the amount involved on 8.5.1987. Sellers of the inputs as described above, filed writ applications before the Delhi High Court and took the stand that Malt and Malt Extracts were number dutiable in terms of numberification number 55/75. Malt P Ltd. during the years 1977 to 1985. The excisable goods, and the raw materials and the companyponent parts were referred to as the said goods and the inputs respectively in the numberification. In the Appendix to the numberification, in paragraphs 3 and 5 d and e it was, inter alia, provided as follows XXX XXX XXX If the duty paid on the inputs on which credit has been taken is varied subsequently due to any person resulting in payment of refund to, or recovery of more duty from, the manufacturer of the inputs, the credit taken shall be varied accordingly by adjustment in the credit account maintained under paragraph 5 of this Appendix or in the account current maintained under sub rule 1 of rule 9, or sub rule 1 of rule 173 G, of the Central Excise Rules, 1944, or, if such adjustment be number possible for any reason, by refund to, or as the case may be, cash recovery from the manufacturer of the said goods. 68, received by it from M s Malt Co. India Pvt. Limited subsequently known as M s. Smithkline Beecham Consumer Health Care Ltd. , hereinafter referred to as the assessee was availing set off under numberification No.201/79 dated 4.6.1979 in respect of inputs, namely, Malt and Malt extract under T.I. The said numberification was issued in exercise of powers companyferred by sub rule 1 Rule 8 of the Central Excise Rules, 1944. Ltd., M s Barmalt Ltd. and M s A.K. On 7.9.1987 a Demand show cause numberice was issued by the Assistant Collector requiring it to show cause as to why the amount of duty involved in the set off be number recovered from it under paragraph 3 of the Appendix to the numberification number201/1979. Appeals before the Collector of Central Excise Appeals did number bring any relief to the assessee who carried the matter in further appeals before the Tribunal. In any event, cash recovery was number permissible and what at the most the authorities companyld do was to adjust the amount from the credit account maintained in terms of paragraph 5. These appeals are directed against companymon judgment of the Customs Excise Gold Control Appellate Tribunal, New Delhi in short the Tribunal . Pursuant to the High Courts order appellant had refunded the duty. Background factual matrix involved is undisputed and is essentially as follows M s H.M.M. The scope and ambit of the afore said paragraphs form subject matter of companysideration in these appeals. Ganguli, learned senior companynsel, submitted that the Tribunals companyclusions are indefensible. The High Court accepted this stand of the Sellers. The plea did number find acceptance and by order dated 22.12.1987 the Assistant Collector companyfirmed the demand. In support of the appeals, Mr. A.K. By the impugned judgment, Tribunal set aside the orders of the authorities holding that the case was companyered under Section 11A of the Act and, therefore, the actions initiated were beyond the prescribed period of limitation. JUDGMENT ARIJIT PASAYAT, J.
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2002_889.txt
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Earlier there was a Freedom Fighters Pension Scheme, 1972 hereinafter referred to as the 1972 scheme . Learned Single Judge whose order was assailed before the Division Bench had held that the respondent was entitled to freedom fighters pension under the Swatantrata Sainik Samman Pension Scheme, 1980 in short scheme . 20.10.1942 to 15.8.1943 was indicated in the application and the affidavit filed before the Union. Though initially pension was granted to the respondent, by order dated 18.12.2000, it was indicated on inquiry that the respondent had indicated two different versions while claiming pension under the Scheme. The later Scheme was introduced in 1980. Background facts in a nutshell are as follows The respondent claimed that he had participated in the freedom struggle of the companyntry and had suffered imprisonment and was, therefore, entitled to pension under the scheme. In the application accompanied by an affidavit filed before the State of Punjab, the period of imprisonment was indicated to be 20.10.1942 to 20.10.1943. The jail certificate in support of jail suffering has to be based on official records of the jail. The pension sanctioned to him was cancelled and he was directed to refund the amount which had already been paid to him. In the instant case numbersuch certificate was filed and on the companytrary certificate from a person whose credentials were doubtful was filed. The matter was heard afresh. The matter was carried before this Court in Civil Appeal No.8388 of 2001. 5367 of 2006 Leave granted. Since the High Courts order was practically unreasoned, this Court directed the High Court to hear the matter afresh and dispose of the same by a reasoned order. It was also numbered that the respondent had accepted the above position to be companyrect, but attributed the same to his illiteracy. The Union of India calls in question legality of the judgment rendered by a Division Bench of the Punjab and Haryana High Court dismissing the Letters Patent Appeal filed by it. The matter was carried in appeal by a Letters Patent Appeal, which as numbered above, was dismissed. A writ petition was filed before the Punjab and Haryana High Court. But a different period i.e. In support of the appeal, learned companynsel for the appellant submitted that the application filed by the respondent was incomplete. ARIJIT PASAYAT, J. Arising out of SLP C No.
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2006_413.txt
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the writ petition has been companytested by the companymission and in the companynter affidavit filed on behalf of the companymis sion it has been stated that after the introduction of contributory provident fund in accordance with the provi sions of the provident fund act and the provident fund scheme the petitioners have been availing the benefits of contributory provident fund and since the petitioners have opted for companytributory provident fund under the provident fund act and the provident fund scheme they cannumber claim pension in addition to companytributory provident fund. as a result of the aforesaid amendments introduced in the provident fund act and the provident fund scheme the provisions of the provident fund act and the provident fund scheme became applicable to the companymission with effect from june 30 1961.
the petitioners in this writ petition represent the employees who were employed on temporary basis with the commission prior to the enactment of the ongc act and who have been absorbed in the companymission after the enactment of the ongc act and the establishment of the companymission is a statutory body. the judgment of the companyrt was delivered by c. agrawal j. the only question which arises for consideration in this writ petition filed under article 32 of the companystitution is whether persons who were employed in temporary capacity with the oil natural gas companymission hereinafter referred to as the companymission when it was being run as a department of the government of india prior to the enactment of the oil natural gas companymission act 1959 hereinafter referred to as the ongc act and who were subsequently absorbed in the commission as established under the said act are entitled to pension in addition to the provident fund benefits to which they are entitled under the provisions of the employ ees provident fund and miscellaneous provisions act here inafter referred to as the provident fund act . by numberification number gsr 705 dated may 16 1961 sched ule 1 to the provident fund act was amended so as to make the provisions of the said act applicable to any industry engaged in the manufacture of petroleum or natural gas exploration prospecting drilling or production with effect from june 30 1961.
by anumberher numberification number gsr 706 dated may 16 1961 issued under section 1 3 b of the provident fund act the provisions of the said act were made applicable to establishments engaged in the storage or transport or distribution of petroleum or natural gas or products of either petroleum or natural gas with effect from june 30 1961.
a companyresponding amendment was made in the employees provident fund scheme 1952 hereinafter referred to as the provident fund scheme by numberification dated june 5 1961 whereby sub clause xviii was inserted in clause b of sub para 3 of para 1 of the said scheme and thereby the provident fund scheme was made applicable with effect from june 30 1961 to factories relating to petrole um or natural gas exploration prospecting drilling or production and petroleum or natural gas refining and estab lishments engaged in the storage or transport or distribu tion of petroleum or natural gas or products of either petroleum or natural gas companyered by the numberifications of the government of india in the ministry of labour and employ ment number. in exercise of the powers companyferred by section 32 of the ongc act the companymission with the previous approval of the central government has made the oil natural gas companymission terms and companyditions of ap pointment and service regulations 1975 hereinafter re ferred to as the regulations . the pension rules were issued in 1972 and were number applicable at the time when the petitioners were absorbed in the companymission on the enactment of the ongc act 1959. section 13 of the ongc act makes provision for transfer of service of the existing employees to the companymis sion on the same tenure remuneration and terms and companydi tions as they would have held if the companymission had number been established until such tenure remuneration and terms and companyditions are duly altered by the companymission. the companymission was initially formed as a department of the government of india and it companytinued to be so till october 15 1959 when the ongc act was enacted and the commission was established as a statutory body under the said act. in the proviso of sub section 1 of section 13 of the ongc act it is further provided that the tenure remuneration and terms and companyditions of service of any such employee shall number be altered to his disadvantage without the previous approval of the central government. 705 and 706 dated may 16 1961 respec tively. in clause 2 b of regulation 3 it has been provided that numberhing in the regulation shall operate to deprive any employee of any right or privilege to which he is entitled by the terms or companyditions of service or any agreement subsisting between such person and the government. pathak naresh mathut sudhir kumar and ms.
baby lal for the petitioners. original writ jurisdiction writ petition civil number 1152 of 1988.
under article 32 of the companystitution of india . g.s.r. dutta r.k.
joshi and s.k. k. ramamurthi r.c. jain for the respondents.
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1990_115.txt
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They also manufacture companyponents of motor vehicles. The companyponents are manufactured at their factory near Madras. Some of the companyponents are then transferred from their factory at Madras to their own units at Hosur, Alwar and Bhandara. A small percentage of the companyponents are also sold by them in the open market as spare parts for the vehicles. Briefly stated, the facts are as follows The appellants are manufacturers of motor vehicles. This appeal is against an order of the Customs, Excise and Gold Control Appellate Tribunal CEGAT , dated 20th January, 1995.
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2002_754.txt
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The Public Work Department has fixed a certain numberm of work to be turned out by each gang before the workmen belonging to such gang can claim the minimum wage of Rs. The workers employed in this companystruction work are divided into gangs of 20 persons or multiple thereof and there is a separate muster roll for each such gang and the work done by it is measured every fortnight and payment is made by the Public Works Department to the Mate who is the leader of the gang according to the work turned out by such gang during each fortnight. 7/ per day to the workmen companystituting such gang, but if less work is turned out by such gang, payment to be made to the mate of such gang would be proportionately reduced and in that event, the wage earned by each member of such gang would fall short of the minimum of Rs. The petitioner has stated in the writ petition that as a companysequence of this practice followed by the Public Works Department workmen belonging to most of the gangs receive a wage very much less than the minimum wage of Rs. It is companymon ground that the minimum wage for a companystruction worker in Rajasthan is Rs. Since these differential payments in wages were made by the Public Works Department to the gangs allegedly on the basis of the quantity of work turned out by each such gang and, according to the petitioner, there were even within the gang itself, differentials in payment of wages to the workers resulting in perpetuation of inequality, the petitioner in his capacity as Director of the Social Work and Research Centre filed the present writ petition challenging the system of payment of wages to the workers and seeking a writ of mandamus directing the State Government to companyply with the prescribed rates of minimum wages under the Minimum Wages Act, 1948 as applicable in the State of Rajasthan. 7 per day does number specify any particular quantity of work to be turned out by the worker in order to be entitled to this minimum wage. 7 per day with the result that if any particular gang turns out work according to the numberm fixed by the Public Works Department the Mate would be paid such amount as would on distribution give a wage of Rs. This system of payment adopted by the Public Works Department created companysiderable discontent amongst the women workers belonging to Scheduled Castes who were engaged in this companystruction work and on 21st August 1981 about 200 to 300 such women workers approached the Social Work and Research Centre seeking advice as to what companyrse of action should be adopted by them for the purpose of eliminating differential payments in wages and securing payment of minimum wage of Rs. This way a large number of workers including women belonging to Scheduled Castes are engaged in the companystruction work of the Madanganj Harmara Road. The State Government in the Public Works Department has engaged a large number of workers for companystruction of this road and they include women belonging to Scheduled Castes. 7 per day for each worker. On their arrival at the site, an impromptu meeting took place where the women workers gave vent to their grievances which included inter alia companyplaint in regard to the wide difference in respect of payments made by Mates to several gangs for the same category of work performed and pointed out that differentials in payments also existed between the women workers working in the same gang and performing the same category of work. The petitioner has also averred that even within the gang itself, deferential payments are made to the workmen without any visible principle or numberm and it is number uncommon that a worker who has put in full days work throughout the period of the fortnight, may get less than the minimum wage of Rs.7/ per day, while a worker who has put in much less work may get more than the proportionate wage due to him. Collector and both of them immediately proceeded to the site of the companystruction work. The petitioner is the Director of a social action group called Social Work and Research Centre operating in and around Tilonia village in Ajmer district of the State of Rajasthan. The Social Work and Research Centre is duly registered society and since February 1972, it has been actively engaged in the work of upliftment of Scheduled Castes and Scheduled Tribes in different areas and particularly in and around Tilonia village. Now the practice followed by the Public Works Department for engaging workers for the companystruction work is to issue an identity card to every resident in the famine affected area who registers himself with the Halka patwari and the identity card would show the number of members in the family of the card holder including males, females and children. The Public Works Department of the State of Rajasthan is companystructing Madanganj Harmara Road close to village Tilonia and according to the State Government, it is a part of famine relief work undertaken with a view to providing relief to persons affected by drought and scarcity companyditions. Every resident in the famine affected area would be entitled to be employed in the famine relief work undertaken by the State Government on production of the identity card. 7 per day and it was asserted on behalf of the petitioner and number disputed on behalf of the State Government that the Notification fixing the minimum wage of Rs. Mrs. Aruna Roy, the Development Coordinator of the Social Work and Research Centre thereupon companytacted Shri Atul Gupta, Asstt. It operates through various groups and the present writ petition has been filed by the petitioner for the purpose of remedying gross violations of the Minimum Wages Act, 1948 which have been discovered by one such group. 7 per day. Kapil Sibal for the Petitioner. 7 per day as illustrated by a few instances set out in Annexure I to the writ petition. 6816 of 1981. These violations, according to the petitioner, have been taking place in the following circumstances and they need to be redressed through judicial intervention. The petitioner therefore sought leave to amend the writ petition by including a challenge to the companystitutional validity of the Exemption Act and on such leave being granted, the petitioner filed an amended writ petition in this Court. ORIGINAL JURISDICTION Writ Petition No. PATHAK J. I agree with the order proposed by my learned brother. The following judgments were delivered BHAGWATI, J. D. Sharma for the Respondent. Under Article 32 of the Constitution of India.
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1983_2.txt
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Meera Chhabra and Ms. Pani Chhabra for the Respondents. 620 619 of 1986. The Tribunal accepted this stand and rejected the claim against the insurer. The insurer repudiated its liability by maintaining that the policy had been taken after the accident and, therefore, it had numberliability to meet the award of companypensation against the owner. 188 89 of 1987. These are appeals by special leave challenging the reversing companymon decision of the Punjab Haryana High Court holding the insurer liable for companypensa tion under the Motor Vehicles Act of 1939. K. Jain and Pramod Dayal for the Appellant. 1986 of the Punjab Haryana High Court in First Appeal Order Nos. From the Judgment and Order dated 21.11. The Judgment of the Court was delivered by RANGANATH MISRA, J. CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
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1990_139.txt
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26.7.79. His services were terminated by order dated 6.8.79 w.e.f. The tribunal took the view that the termination order dated 6.8.79 was given back effect from 26.7.79 i.e. As numberinquiry was held before passing the order, the second order of termination was held to be bad in law by the tribunal and accordingly the tribunal allowed the petition filed by the respondent and both the termination orders dated 6.8.79 and 29.2.80 were quashed. Regarding the second termination order dated 29.2.80 the tribunal was of the view that it was number an order of termination simpliciter but it was sitgmatic as it was passed on the ground that the respondent was an irresponsible employee and he was unauthorisedly absent. He, therefore, approached the Tribunal and challenged both the orders of termination of his services. Respondent No.1 Ram Krishna was appointed as Nalkoop Chalak w.e.f.15.5.77.As he was found absent from his duty without obtaining leave a numberice dated 26.7.79 was given to him and then by an order dated 6.8.79 his services were terminated with effect from 26.7.79. In the second order of termination dated 29.2.80 it was recorded that having made numberimprovement in work as being irresponsible the services of the respondent were number needed in the department and , therefore, terminated with immediate effect. On this companynt the above termination order was set aside. That was a case of termination of services on the basis of standing orders in an industrial establishment. As the respondent did number improve his work and again absented himself from duty without any application, his services were terminated by order dated 29.2.80. But as stated earlier, the Tribunal had number granted the relief that he companytinued in service even after 6.8.79. It was also companytended before the tribunal that the impugned order of termination did number cast any stigma and his services were number terminated by way of punishment but in accordance with the terms and companyditions of the appointment. Therefore, the nature of his earlier appointment and validity of the termination order need number be companysidered any further. Public Service Tribunal, Lucknow. It was companytended by the appellants before the tribunal that the appointment of the respondent was purely on temporary basis and his services were liable to be terminated at any time without numberice. This appointment was to take effect from 1.9.79 as respondent was working from that date as Tube Well Operator. 617 held that absence without leave is a misconduct and, therefore, as numberopportunity was given to the respondent the termination was bad in law and accordingly the dismissed. The High Court also recorded that respondent according to the appellants did number make any improvement in his performance and being irresponsible, due to absence in work, his services were terminated. 01.12.79 on the post of Tube Well Operator was on a regular establishment. The respondent had accepted his fresh appointment and, therefore, had to be treated as a fresh appointee. The High Court was of the view that the appointment of respondent w.e.f. Respondent filed a representation against the above order before the Authority and on an assurance given by the respondent that he would number companymit any mistake in future he was given a fresh appointment on 1.9.79 for three months and again on 18.12.79 for three months. it was passed with retrospective effect, therefore, the order was bad as it was number permissible in law. 81970/97 wherein the High Court upheld the judgment and order dated 24.11.92 passed by the U.P. Two appeals have been filed against the judgment and order dated 21.05.97of the High Court of Allahabad in Writ Petition c No.7150/93 as also against the order dated 27.02.98 in CMA No. writ petition filed by the present appellants was We have heard Mr. K.Goel, Learned Addl. On these facts the High Court relying on the decision of this Court in D.K.Yadav Vs.
M.A. A review petition filed by the present appellants was also dismissed by the High Court vide order dated 27.2.98. Industries 1993 3 J.T. PHUKAN,J. Advocate General of U.P. and Mr. B. Mehrotra, learned senior companynsel for the parties. Delay companydoned. Leave granted.
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1999_571.txt
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Janki Devi, P.W. Janki Devi fled from the place and hide herself in a marai but her grandson Rajesh sustained a gunshot injury on his left thigh. Janki Devi and her grandson Rajesh is that on the morning in question the appellants started showering abuses on the companyplainant Smt. 4, her grandson Rajesh, P.W. Janki Devi and threatened that if she did number vacate the house she would be shot. The companyplainant Smt. The companyplainant fled away from the place and hid herself in a marai but as a result of the firing her grandson Rajesh sustained a gunshot injury on his left thigh. It was also said that Rajesh, P.W. In mitigation of sentence Smt. The testimony of the prosecution witnesses shows that on the morning in question while the companyplainant was warming herself in the angan of her house and her grandson was playing nearby, the appellants started abusing her from their kotha and threatened that she would be shot if she did number vacate the house. On her refusal they opened five rounds of fire from their guns. On her refusal, they opened five rounds of fire from their guns. 3 and the two neighbours Bhagirath Mistri, P.W. 1 and Rajendra Mahato, P.W. Gyan Sudha Misra, learned Counsel for the appellants at first urged that the appellants were in possession of the house in dispute and the members of the family of the companyplainant tenant Smt. On seeing the crowd, the learned Counsel asserts, the appellants had numberother alternative but to open fire. On the companytrary, the finding of the Courts below based on the testimony of Smt. 3 only suffered a pellet shot. The learned Counsel then companytended that the appellants are old men and having a feeling of remorse and were prepared to pay adequate companypensation. The appellants are two brothers and the landlords of a house. The learned Sessions Judge and the High Court have accepted the testimony of Mst. She further said that the incident is of the year 1976 and it would be harsh to send them back to jail after ten years. 4 came to forcibly dispossess them. They have both been companyvicted by the IIIrd Additional Sessions Judge, Arrah for having companymitted an offence punishable under Section 307 read with Section 34 of the Indian Penal Code, 1860, and sentenced to undergo rigorous imprisonment for three years. There is numbersubstance in the companytention. 2 who reached the spot on hearing the alarm and have found that the prosecution has established the charge beyond all reasonable doubt. Notice in these two special leave petitions was companyfined to the question of sentence only. Arguments heard. Special leave granted.
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1986_248.txt
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In the Special Leave Petitions, numberice was issued limited only to the question of sentence to be suffered by the said eight companyvicted appellants namely 1 Raja Ram Yadav son of Chintaman Yadav 2 Babu Ram Yadav son of Jathu Yadav 3 Keswar Yadav alias Ram Keswar Yadav son of Narain Yadav 4 Jag Narain Yadav son of Jattu Yadav 5 Chintaman Yadav son of Vilas Yadav 6 Branamded Yadav son of Moheri Yadav 7 Chander Deep Yadav son of Jattu Yadav and 8 Ram Pravesh Yadav son of Narain Yadav. Aurangabad by his judgment dated September 30, 1992 companyvicted Ram Pravesh Yadav, Keswar Yadav, Jag Narain Yadav Chandradeep Yadav, Chintaman Yadav and Brahamdeo Yadav for the offence of murder and awarded death sentence against them. All the said eight accused were further companyvicted under Section 436 read with Section 149 IPC but numberseparate sentence was awarded for such companyviction in view of death sentence awarded against them. These appeals arise out of three special leave petitions filed by eight companyvicted accused each of whom has been awarded death sentence. 9 of 1992 for companyfirmation of death sentence awarded against the said eight companyvicted accused were disposed of by the Patna High Court by a companymon judgment dated 7.12.1995. They were also companyvicted under Section 148 IPC but numberseparate sentence was passed for such offence. 460 and 461 of 1992 before the High Court of Patna impugning the order of companyviction and sentence passed by the learned Additional Sessions Judge, Aurangabad. On such companysideration, the extreme penalty of death against all the appellants was awarded indicating companyent reasons. The said appeals and Death Reference No. The said companyvicted accused filed two appeals being Criminal Appeal No. The learned fourth Additional Sessions Judge. Heard learned companynsel for the parties. Leave granted. N. RAY, J.
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1996_555.txt
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The Income tax Officer sought to include the income accruing to the said minors in the income of the assessee, which was objected to by him. His minor children were admitted to the benefits of that partnership firm. The question which the Revenue sought to raise reads thus Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the income of the minor children of the assessee in the firm, Messrs. Harbhagwan Harbhajan Lal Viramgeron , Chandigarh, was number includible in his individual capacity under Section 64 l ii of the Income tax Act, 1961 ? The assessment years companycerned are 1973 74 and 1975 76. The assessee, Harbhajan Lal, was a partner in a partnership firm, during the relevant accounting years, in his capacity as karta of a Hindu undivided family. The assessment years companycerned are 1973 74 and 1974 75. 5851 53 of 1983 This is a matter arising with reference to Section 64 l i before it was amended in the year 1975. These appeals arise from the judgment of the Punjab and Haryana High Court dismissing an application under Section 256 2 of the Income tax Act, 1961. Question quoted from the paper book . 148 of 1993 List this appeal on September 21, 1993, for orders. It was rejected by the Tribunal. The High Court refused its request. Civil Appeals Nos. Civil Appeal No.
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1993_558.txt
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As his companytribution to the capital of the partnership firm the assessee made over certain shares of limited companypanies which were held by him as his capital assets. 1,49,819 and the market value of the shares being Rs. 1,60,279, but on the date when he companytributed those shares to the partnership firm he revalued the shares at the market value of Rs. 1777 of 1981. 1841 of 1981. 9,000 in cash to the share capital of the firm and his wife would companytribute Rs. When this amount was sought to be wholly taxed as a capital gain the appellant claimed that on the issue of the new shares the value of her old shares depreciated and that as a result of the depreciation she suffered a capital loss in the old shares which she was entitled to set off against the capital gain of Rs. 10,460 to his capital account. The Commissioner of Income Tax, however, being of opinion that the difference between the market value of the shares and the companyt of acquisition of the shares to the assessee should have been brought to tax as capital gains in view of s. 45 of the Income Tax Act, 1961, exercised his revisional jurisdiction, and reopening the assessment he remanded the case to the Income Tax Officer directing him to revise the assessment after companyputing the capital gains arising out of the transfer. 442 and that of a share of Karamchand Premchand Private Limited was Rs. Whether, on the facts and in the Circumstances of the case, the Tribunal was right in law in holding that there was a transfer within the meaning of sub s. 47 of s.2 of the Income Tax Act, 1961 of the shares companytributed by the assessee as capital to the partnership firm in which he was a partner? The assessee appealed to the Income Tax Appellate Tribunal, and the Appellate Tribunal held that while the transaction did amount to a transfer within the meaning of sub s. 47 of s.2 of the Income Tax Act it did number result in capital gains liable to tax. It was provided that when any addition to the capital was required for the purposes of the partnership, the partners would companytribute such additional capital from time to time. u 1841 of 1981. The appellant renounced her rights to all the shares and realised Rs. The book value of those shares in his account books was shown as Rs. 1777 of 1981, the appellant was a partner in a registered partnership firm, Messrs. Rajka, or which the other partner was his wife. Subsequently the Appellate Tribunal referred the case to the High Court of Gujarat for its opinion on the following questions of law 1 Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in law in holding that numbercapital gains resulted from the transfer of the shares held by the assessee to the partnership firm as his capital companytribution, the companyt of acquisition of the shares to the assessee being Rs. This and the companynected appeal, filed by certificate granted by the High Court, raise the interesting question whether the capital companytribution by a partner to the assets of a partnership firm at an appreciated value can be said to give rise to a capital gain in his hands liable to income tax. It was further provided that if any asset was brought in by a partner as capital companytribution the account of such partner would be credited with the fair market value on the date the asset was brought in. He had also 82 ordinary shares of Karamchand Premchand Private Limited purchased at Rs. In the alternative she claimed that the right to receive the new shares was a right which was embedded in her old shares and companysequently when she realised the sum of Rs. The assessee had in his possession 80 ordinary shares of the Ahmedabad Manufacturing and Calico Printing Company Limited which had been purchased at Rs. The partnership deed recited that the partnership business had companymenced on January 1, 1973, that it was a partnership at will and further provided that the assessee would initially companytribute Rs. The assessee appealed to the Appellate Assistant Commissioner of Income Tax, but the appeal was dismissed. 1,81,106 on March 22, 1973 the market value of a share of the Ahmedabad Manufacturing and Calico Printing Company Limited was Rs. In second appeal, however, the Income Tax Appellate Tribunal took the view that there was numbertransfer of a capital asset within the meaning of s.45 read with sub s. 47 of s.2 of the Income Tax Act and companysequently he deleted the item from the assessment. 1841 of 1981, the facts are as follows. The Commissioner of Income Tax obtained a reference to the High Court of Gujarat on the following questions of law Whether, on the facts and in the circumstances of E the case, the Appellate Tribunal was right in law in holding that the companytribution in the form of shares of the value of Rs. 1,60,279? The appellant, who is the assessee, was a partner in Messrs. Suvas Trading Company, a partnership firm companystituted under a deed of partnership dated September 27, 1973. In Miss Dhun Dadabhoy Kapadia Commissioner of Income Tax, Bombay, 1967 63 I.T.R 651, the appellant held by way of investment some ordinary shares in a limited companypany. The Income Tax Officer, when drawing up the assessment order for the assessment year 1974 75 in respect of the assessee, did number include the difference in the assessable income. The Appellate Tribunal allowed the appeal and set aside the order of the Income Tax Officer. From the Judgment and Order dated 30.4.1981, 1/4.5.1981 of the Gujarat High Court in Income Tax Reference No. From the Judgment and Order dated 30.4.1981, 4.5.1981 of the Gujarat High Court in Income Tax Reference No. An offer was made by the companypany to her by which she was entitled to apply for an equal number of new ordinary shares at a premium with an option of either taking the shares or renouncing them in favour of others. 1,49,819 and debited the resulting difference of Rs. Parekh for the Intervener in C.A. 45,262.50. T. Desai, and Miss A. Subhashini for the Respondent in C.A. m e partnership was companystituted under an agreement dated February 25, 1973. Parekh and Gautam Phliph for the Appellant in C.A. Francis, and Miss A. Subhashini for the Respondent in C.A. The total companyt was Rs. Kaji and C. Patel for the Intervener in C.A. S. Desai, J.P. Shah, P.H. Verma for the Appellant in C.A. Desai, P.A. S. Desai, S.P. In the circumstances, the Appellate Tribunal did number go into the question whether the transfer was without companysideration. A. Ramachandran, Mrs. J. Ramachandran, H.K. P. Shah and P.H. 1,55,440. 25,666. K. Vanerjee, Additional Solicitor General, S.T. CIVIL APPELLATE JURISDICTION Civil Appeal No. 1,000 in cash. Mehta and Mrs. A.K. 235 of 1980. In Civil Appeal No. The Judgment of the Court was delivered by PATHAK, J. 34 of 1980. AND Civil Appeal No. No.
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1985_223.txt
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During the search of the residential premises, son of the sole proprietor was informed by the Income Tax Officer that the search operations were also being companyducted at the factory premises. It is further urged that the warrant of authorization was issued mechanically, arbitrarily and there was total number application of mind and moreover there was numberformation of opinion about the existence of undisclosed assets as companytemplated under Section 132 1 of the Act. On this foundation, the search and seizure were sought to be quashed. 275 of 2000 whereby the High Court has quashed the search and seizure companyducted on 16.2.2000 in the factory premises of the 1st respondent. The warrant of authorization, even if assumed that there was any, was issued mechanically arbitrarily and without application of mind and without forming the opinion about existence of undisclosed assets, as companytemplated by Sub Section 1 of Section 132. Tahiliani v. Commissioner of Income Tax2, L.R. On 16.2.2000 when the sole proprietor of the factory Shri Om Prakash Agarwal was absent, the officer of the Income Tax Department companyducted a search both at the residential as well as the business premises. Assailing the search and the seizure, the 1st respondent preferred a writ petition before the High Court and companytended therein that there was numberinformation in possession of the officer which companyld have persuaded any reasonable person to form an opinion about the existence of undisclosed assets of the writ petitioner. Gupta v. Union of India v. Union of India3 and Ajit Jain v. Union of India4 and extensively quoting from Dr. Tahilianis case came to hold as follows At this stage it is relevant to refer to Para 40 of the writ petition, which is quoted below That in the facts and circumstances the Petitioner bonafidely believes that there was numberinformation in possession of the officer issuing the warrant of authorization for search which companyld lead any reasonable person to form an opinion about existence of undisclosed assets with the Petitioner. The reply of the said paragraph has been given by the Respondents in Para 33 of the companynter affidavit, which reads as under That in reply to Paragraph 40 of the writ petition, it is denied that the warrant of authorization was issued mechanically, arbitrarily and without application of mind. The factory in question has been filing income tax returns under the Income Tax Act, 1961 for brevity the Act . The High Court placed reliance on decisions in Commissioner of Income Tax v. Vindhya Metal Corporation1, Dr. N.L. A companynter affidavit was filed by the revenue asseverating that there was numberillegality in the initiation of the seizure and it had been companyducted in accordance with law and the revenue had enough material against the 1st respondent herein for the assessee had suppressed the vital information pertaining to production and sale and the same was also evidenced during the search operation. Filtering the unnecessary details, the facts that companystitute the filament of the companytroversy is that the 1st respondent is engaged in the manufacture of C.I. pipes, fittings and manholes and has obtained the licence under the Central Excise Act. It is interesting to numbere that the High Court by its order dated 29.3.2000 appointed an Advocate Commissioner to prepare an inventory of the goods in question in respect of which the restraint order was passed. The said Advocate Commissioner had submitted a report which was taken on record. In these appeals the assail is to the legal tenability of the order dated 3.9.2003 passed by the Division Bench of the High Court of Judicature at Allahabad in Civil Writ Petition No. Dipak Misra, J. Despite such information he was number allowed to leave the house.
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2014_488.txt
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Suresh Bahri was married to the deceased Urshia Bahri in 1971 and out of their wedlock deceased Kumari Richa Bahri and Saurabh Bahri were born. At that time Suresh Bahri and two others were taking tea in the verandah of the house of Suresh Bahri. He met Suresh Bahri in the said hotel. He, therefore, along with Gurbachan Singh went to the house of Suresh Bahri where Suresh Bahri and appellant Raj Pal were already present there. The head of Urshia Bahri was truncated and severed from her body. After having some talk in the verandah both Gurbachan Singh and Suresh Bahri went inside the house. They took the bodies of Richa Bahri and Saurabh Bahri in the Ambassador Car No. Admittedly, at the relevant time the appellant Suresh Chandra Bahri hereinafter referred to as Suresh Bahri resided along with his deceased wife Urshia Bahri at South Ranchi, House No. after the murder of Urshia which are Ext. On enquiry by the informant Bineet, Murari, PW 1, told him that he had seen Urshia Bahri at the house of appellant Suresh Bahri on 11 10 1983 but the children of Urshia Bahri had number companye to the Ranchi house. Deceased Urshia Bahri had companye to Ranchi to sell the said House No. Arya, the maternal uncle of the appellant Suresh Bahri, Smt Santosh Bahri, the mother of the appellant Suresh Bahri and one Mohd. 77 of 1985 the appellants Suresh Bahri and Raj Pal Sharma were companyvicted under Section 302 of the Penal Code for causing murder of Urshia Bahri and her two children, namely, Richa Bahri and Saurabh Bahri. Gurbachan Singh met Suresh in the verandah of his house. 936 of appellant Suresh Bahri situated at Station Road, along with some experts where murder of Urshia Bahri is said to have been companymitted. It is said that Mrs Santosh Bahri told Bineet that she had numberinformation about Urshia. Gurbachan Singh took Bineet to the farmhouse of appellant Suresh at Dhulli but there they found neither Urshia Bahri number her children, namely, Richa and Saurabh number the appellant Suresh. Arya is the maternal uncle of appellant Suresh Bahri and real brother of Smt Santosh Bahri. It is said that the appellant Suresh Bahri left his New Delhi House No. But when Suresh did number return on 27 10 1983 Gurbachan Singh sent him to Delhi but he companyld number meet Suresh Bahri there. on the assurance of Murari Lal PW 1 that the dues would be cleared by Suresh Bahri as Raj Pal was a man of Suresh. On 1 10 1983 Suresh along with Urshia came to Ranchi and stayed in House No. Suresh told that he was labour of S. Gurbachan Singh. The acquitted accused Smt Santosh Bahri is the mother of the appellant Suresh Bahri and the acquitted accused Y.D. He knew all the family members of Suresh Bahri including his wife and children. It is said that a few days earlier appellant Gurbachan Singh had sent some companys and chairs at the Dhulli farmhouse and according to the prosecution in the intervening night of 17 12 1983 and 18 12 1983 the appellants Suresh Bahri and Raj Pal Sharma companymitted the murder of Richa Bahri and Saurabh Bahri in Dhulli farmhouse of the appellant Suresh Bahri. The appellant Suresh Bahri in his statement under Section 313 CrPC stated that his wife Urshia Bahri and his two children were number murdered at all and that they were still alive. He, however, met Suresh Bahri there who was sitting in the verandah of the house and there was numberelectric light in the house of Suresh Bahri though there was light in the other neighbouring houses. Mishra, PW 2, also told him that he had gone to the house of Suresh Bahri at Ranchi in the evening of 11 10 1983 to meet Urshia Bahri but he did number find her there. The witness Murari, PW 1, further told him that in the morning of 12 10 1983 the appellant Suresh Bahri told him that Urshia Bahri had left Ranchi for Delhi by aeroplane that very morning and Suresh remained at Ranchi till end of October 1983. Later on in the morning of 13 10 1983 it is said that the appellant Raj Pal Sharma and Suresh Bahri took the head of Urshia Bahri and threw the same under a bush in the forest on the Ranchi Patratru Road. Similar is the case with other witnesses who had identified Raj Pal to be the person who had stayed in the house of Suresh Bahri. 936 at Ranchi but when the appellant Suresh Bahri along with his deceased wife Urshia arrived at Ranchi on 1 10 1983 the appellant Raj Pal Sharma left the house. The entries in the Guest Register were made by Richa Bahri which was also signed by Suresh. After a few days Gurbachan Singh told the witness that the Police Inspector, Chutia Police Station was searching Suresh Bahri in companynection with murder of Urshia and, therefore, Gurbachan Singh sent him to Delhi to tell Suresh about it. The appellant Suresh Bahri was absconding but he was arrested on 31 7 1984 at Delhi. Since numberglasses were available in the house Suresh Bahri went out to bring the glasses. Suresh Bahri and Gurbachan Singh asked the witness Ram Sagar and appellant Raj Pal to take out the dead body from the house to dump it in the sceptic tank. When appellant Suresh Bahri learnt about the arrival of the informant Bineet at New Delhi he disappeared. He deposed that he frequently visited the Delhi house of Suresh Bahri and also used to stay with him. It is said that as the appellant Suresh Bahri was number agreeable for sale of the said house, Suresh Bahri and the appellant Raj Pal Sharma murdered her in the night of 11 10 1983 in a room of the said house. Mishra, PW 2, another neighbour of appellant Suresh at Ranchi who told him that his sister Urshia Bahri was known to him because he was negotiating with her for purchase of the House No. Suresh Bahri and Raj Pal were sitting in the front seat of the car and Suresh told him that they were going and if any one enquired about him they be told that he was number there and then left Dhulli farm. DLE 3179 and the appellant Suresh Bahri came back to Delhi in January 1984. There Gurbachan told him that Suresh had companye to Ranchi and was staying in Blue Heaven Hotel, Ranchi. Suresh Bahri then tore half of the saree already kept there and wrapped the dead body with it. He stated that the appellant Suresh Bahri was known to him as he used to visit the shop of S. Gurbachan Singh quite often and wife and the children of Suresh also visited the shop. He also learnt that in December 1983 the appellant Suresh Bahri had left Delhi along with his mother Mrs Santosh Bahri and the two children Richa and Saurabh in Ambassador Car No. He deposed that Suresh Bahri and Raj Pal Sharma along with the two children had stayed at his bungalow on two days i.e. It is also alleged that sometime in the month of January 1984 the appellant Suresh Bahri and Gurbachan Singh managed to take out the body of Urshia from the sceptic tank and took the body in Truck No. Suresh Bahri told him that his wife had gone to the house of S. Gurbachan Singh for dinner and from there she will proceed to Delhi by the next morning flight. At Dhulli farm Gurbachan Singh gave that attache to the gardener of Suresh Bahri and asked him to keep the attache and give it to Suresh who was due to companye within 3 4 days. All the three appellants, Suresh Chandra Bahri, Gurbachan singh and Raj Pal Sharma were also companyvicted under Sections 302/120 B of the penal Code for the offence of criminal companyspiracy to companymit murder of Urshia Bahri and her two children named above. Suresh also tried to persuade the approver Ram Sagar PW 3 through his employer Gurbachan Singh for murder of Urshia in pursuance of which appellant Gurbachan Singh gave him allurement in the presence of Suresh that number only the advance taken by him would be set off but some amount will also be given to him by Suresh. 23/7 from Suresh Bahri that Urshia was very much busy and henceforth he would be writing them and also asked them that in future companyrespondence they should use the address of S. Gurbachan Singh who is a good friend of Suresh at Ranchi her suspicion increased exceedingly. 32 as to how Urshia was killed in one of the rooms of the Ranchi House No. There is numberdispute that the parents of deceased Urshia Bahri were living in America having settled down there and the first informant of the incident Bineet Singh Sarang, PW 69, the brother of the deceased Urshia Bahri was employed as an Engineer in Libya. Out of the wedlock of Suresh and Urshia two children were born, a girl by name Richa and a boy, Saurabh. The witness Ram Sagar came to Delhi and informed Suresh accordingly and Suresh sent message to Gurbachan Singh to handle the matter carefully. Then Suresh Bahri went out on a motorcycle along with Gurbachan Singh directing the appellant Raj Pal Sharma to clean all stains properly and that they will be returning shortly. PW 6 further deposed that Suresh Bahri left for Ranchi house in the morning of 8 12 1983 in the Ambassador car along with his mother Santosh Bahri and a maidservant and one more person identifying Raj Pal in the companyrt to be that person . When the witness Ram Sagar PW 3 enquired of him as to which friend, the appellant Gurbachan Singh told that the wife of Suresh Bahri is to be murdered on account of the family dispute. The appellant Suresh was number happy with the decision of Urshia to shift to America with children specially with the sale proceeds of Ranchi house. Though the approver Ram Sagar PW 3 did number accept the offer but extended full companyperation in that regard to his employer Gurbachan and Suresh Bahri. Meanwhile the wife of Suresh Bahri came in the verandah from inside and pointing towards him, enquired from Suresh as to who was sitting in the dark near the scooter. Ram Sagar further stated that he again came back from Delhi to Ranchi on 20/21 11 1983 where Suresh Bahri told Gurbachan that there is a red companyoured attache kept in the almirah of his house in which there is a chhuri. 100/83 were identified by the witnesses who had seen Saurabh Bahri during his lifetime and stated that the photographs were of Saurabh Bahri, indicating that it was the body of Saurabh who was murdered. When Bineet did number find the appellant Suresh, his sister Urshia and her children at Dhulli farm also he again came back to Station Road, Ranchi House No. Witness Tiwari PW 7 identified Suresh also. Arya at the instance of Urshia from occupation of a portion of the house had further annoyed her mother in law and husband Suresh. On 10 11 1983 electric light of the house of Suresh was deliberately put off though there was light in the vicinity so that in the darkness murder of Urshia companyld be companymitted by Suresh and Raj Pal in a room of the house. He further deposed that the aforesaid two applications were made by Suresh Chandra Bahri, father of the two children named above. The witness Mishra also told to Bineet that when he was ascending the verandah of the house the appellant Suresh Bahri caught hold of him and led him away from the house saying that Urshia had gone to the house of the appellant Gurbachan Singh to a party and she will proceed to Delhi direct from the house of Gurbachan Singh by next morning flight. Having found that the negotiation to dispose of Ranchi house had been finalised by Urshia, Suresh became desperate and sought for the help of Raj Pal Sharma and Gurbachan Singh for companymitting the murder of his wife at the earliest. Next day the appellant Suresh Bahri came to the shop of S. Gurbachan Singh and asked the reason for number reaching his house the previous day. Further prosecution case is that sometime in the month of September 1983 the appellant Suresh Bahri had sent his associate appellant Raj Pal Sharma to Ranchi who stayed in the Station Road House No. It may also be pointed out that after the murder of Urshia and thereafter the killings of the two children Suresh Bahri was running about place to place and staying in different hotels to avoid his apprehension. The witness Ram Sagar was shown 13 14 long knife which he identified as the one with which wife of Suresh Bahri was murdered. The approver Ram Sagar PW 3 further stated that appellant Suresh Bahri asked Gurbachan Singh to prepare a box with a view to put the dead body in the box and leave the box in any train. That man enquired from Suresh about his wife saying where is Mem Saheb meaning thereby the wife of Suresh. S. Gurbachan Singh also did number go to the house of Suresh that day as he too had to go to the hospital. Further approver Ram Sagar PW 3 deposed that one morning in the month of December appellant Raj Pal Sharma came to the shop of Gurbachan Singh and told him that the appellant Suresh had companye to Dhulli farm with his children and he has called Gurbachan Singh. Suresh brought a plastic sheet from inside the house. Ram Sagar goes on to state that when he was standing near the door of the room he saw the dead body of the wife of Suresh Bahri in the small room. While Urshia was negotiating with Laxmi Narayan PW 21 through Badri Narayan Mishra PW 2 to dispose of Ranchi House No. Bineet then left Ranchi on 26 1 1984 and reached Delhi same day by plane and went to the house of Urshia Bahri at C 70, South Extension II, New Delhi where he met the acquitted accused Mrs Santosh Bahri and enquired from her the whereabouts of his sister Urshia. Gopi Krishna identified the appellants Suresh and Raj Pal Sharma in the companyrt and stated that Suresh had made the said entry in the guest register. 936 of appellant Suresh situated at the Station Road, Ranchi, who used to keep the keys of the house of accused appellant Suresh. Dina Nath stated that when he visited Delhi house of Suresh in the first week of December 1983 he saw the two children of Suresh in Delhi house when Suresh had told him that he will take his children to Ranchi to get them admitted in any school there so that the children and their mother may live together. While he was taken out of the verandah Badri Narayan enquired about Urshia and Suresh told him that she had gone to a party to the house of Gurbachan Singh where she would be staying in the night and proceed to Delhi by the morning flight. S. Gurbachan Singh tore a piece of rope from the company, Suresh Bahri brought a blackish blanket and then the witness Ram Sagar himself and the appellant Raj Pal Sharma wrapped the dead body in the blanket and tied it with the rope. Ram Sagar further deposed that he prepared a baton as advised and he along with S. Gurbachan Singh went to the house of Suresh Bahri on scooter at 7.30 p.m. and kept the baton under the shrubs of a flower plant as directed by Gurbachan Singh and sat at the place where scooter was parked by Gurbachan Singh. The appellant Suresh then asked the appellant Gurbachan to bring some salt for putting it in sceptic tank. He also stated that Suresh and his wife Urshia had companye to Ranchi on 1 10 1983 and Laxmi Narayan, PW 21 came to him on 10th October and expressed the desire of his family members to see the house of Suresh on 11 10 1983. The prosecution case is that the parents of deceased Urshia Bahri have settled down in America and their deceased daughter Urshia used to write letters to her parents from time to time but they did number receive any letters from Urshia in America for quite some time and on the companytrary they received two letters in America from the appellant Suresh Bahri, one dated 29 10 1983 and another dated 3 11 1983 which are marked Exts. Thereafter Raj Pal Sharma and Gurbachan Singh went towards Dhulli on a motorcycle. A short while later there came a sound of opening the gate of the companypound of Suresh Bahri indicating that someone was companying. Dr Harish for want of certain information companyld number definitely opine that the said skull was that of Urshia Bahri. He stated that at that time a lamp was burning in the drawing room and a candlestick was burning in the small room and that there was numberother person except Suresh Bahri, Raj Pal Sharma, S. Gurbachan Singh and Ram Sagar himself. 11 10 1983 at about 4.30 p.m. to a house in the Railway Colony, Ranchi for taking measurements for fixing doors and windows and while they were returning at about dusk on 11 10 1983 Gurbachan Singh took him to the house of Suresh Bahri. Being companyvinced that Urshia had finally decided to shift to America with children by disposing of Ranchi house, appellant Suresh decided to do away with her life at any companyt and to meet this end he hatched a companyspiracy with the appellants Raj Pal Sharma and Gurbachan Singh. 936 of the appellant Suresh but again he did number find anyone there. Kmari Richa Bahri was a student of Class VI in Father Agnel School, New Delhi in the year 1983 while Saurabh Bahri was a student of Class IV in the same school. On his way to Ranchi, Suresh Bahri dropped his mother Mrs Santosh Bahri and a maidservant at Basti in Uttar Pradesh and having stopovers at Varanasi Uttar Pradesh and Daltonganj Bihar he reached his Dhulli farmhouse on 16 12 1983 where he along with the appellant Raj Pal Sharma and the two children stayed on 16 12 1983 and 17 12 1983. A companyple of years after the marriage the relations between Suresh and Urshia became strained on account of companystant interference by Y.D. Appellant Suresh with the help of Gurbachan Singh got a dagger sharpened by Rameshwar Thakur PW 4 an employee of Gurbachan and also got a danda prepared by Ram Sagar PW 3 another employee of Gurbachan a few days before 11 10 1983. Bineet enquired from the appellant Gurbachan Singh the whereabouts of his sister and her children. Suresh, Raj Pal and the two children ultimately landed at Dhulli farm in the afternoon on 16 12 1983 as testified by caretaker Gopi Mistry, PW 29, of Suresh on his Dhulli farmhouse and his son Shiv Nandan Lohare PW 60. Further prosecution case with regard to the murder of the two children Richa Bahri and Saurabh Bahri is that they were studying in Father Agnel School, South Extension II, New Delhi. Suresh then took that man out of the companypound of his house and returned back. During the companyrse of investigation, Rajeshwar Singh, PW 59, interrogated Gurbachan Singh who made disclosure statement that he had thrown the dead body of Urshia Bahri in Madhukam dump known as Khad gaddha. Case No. Later when the informant Bineet, PW 69 again had a talk with the witness Murari, PW 1 about the whereabouts of his sister Urshia and her children, it is said Murari told him that there was rumour that his sister Urshia has been murdered. The articles gadda, quilt and bedsheets seized from Panchkoshi Road, Varanasi were also identified as belonging to the appellant Suresh Bahri. Witness Murari Lal also told him that thereafter he did number see Urshia and her two children at Ranchi. It is said that on 5 12 1983 the appellant Suresh Bahri, the father of the two children filed two separate applications before the Principal of the school for withdrawal of both the children from the school. Finding numberone in Delhi house Bineet visited the business premises of the appellant Suresh at Bajaj House, Nehru Place, New Delhi, where he met one Dhar, an employee of appellant Suresh who informed Bineet that the appellant Suresh was at Ranchi. Rohtas Sarang PW 79 is the mother of Urshia who deposed that she had received last letter from Urshia in America in the month of September 1983 as a result of which she was very much upset. Suresh asked Gurbachan to get the chhuri sharpened and keep the three kataries and chhuri in that very attache again. Bineet further gathered information that Urshia was never seen at New Delhi after 30 9 1983 though the appellant Suresh had companye to New Delhi in the month of December 1983. The entries of the said hotels indicated that there were four persons appellants Suresh and Raj Pal and the two children. The approver Ram Sagar PW 3 further deposed that Suresh came to the furniture shop of his master the following day at about 10 a.m. and reported that the head of Urshia has been thrown in a forest. In addition to what has been discussed above clearly establishing the companyspiracy hatched by the appellant Suresh along with his two associates, namely, Raj Pal Sharma and S. Gurbachan Singh for the murder of Urshia and in pursuance of which Urshia was murdered, there is some other evidence also which companynects the appellants with the crime in question. The prosecution had also examined about 20 employees, Managers and Proprietors of different hotels which have been catalogued by the High Court in para 69 of its judgment in which the appellant Suresh Bahri and Raj Pal Sharma had stayed on different dates by companycealing their real names and giving out different names and addresses under the fear of being apprehended as they had received intimation that the rumours were circulating about the murder of Urshia Bahri and had also learnt about the arrival of Bineet Sarang PW 69 brother of Urshia in January 1984 at Delhi who was searching and making enquiries about his sister and her children and had visited the Delhi house, business premises and Ranchi house of the appellant Suresh Bahri and made reports to the Chutia Police Station. Ram Sagar further stated that he went to the bungalow of Suresh along with John Linda PW 31 and Manohar. 936, Station Road, Ranchi and the sale would have companypleted but for the sudden disappearance of Urshia Bahri, the sale companyld number take place. Then he along with S. Gurbachan Singh proceeded to the house of Suresh Bahri at about 7.30 p.m. same day, but he stopped the scooter on the way and Ram Sagar declined to go with him saying that it was the festival day and the police was patrolling the area. In the series of circumstances companynecting the appellant Suresh Bahri and Raj Pal with the murder of the two children the prosecution has examined Vijay Kumar Asthana PW 12 who was the Manager of Hotel India, Varanasi at the relevant time. Suresh asked Gurbachan Singh to companye to his bungalow at about 7.30 p.m. same day for purposes of dropping the dead body in the sceptic tank. 936, her husband Suresh was busy in hatching a companyspiracy with Raj Pal Sharma and Gurbachan Singh and approver Ram Sagar PW 3 to do away with her life and for that purpose he started making preparations. But immediately Gurbachan Singh came out and called the witness Ram Sagar. Appellant Suresh was the only issue of his parents, having business and a farmhouse in Village Dhulli, 40 kms from Ranchi. The appellants Suresh Chandra Bahri and Raj Pal Sharma were further companyvicted under Section 201 of the Penal Code for causing disappearance of evidence of murder of Saurabh Bahri and the appellants Suresh Chandra Bahri, Gurbachan Singh and Raj Pal Sharma were also companyvicted under Section 201 of the Penal Code for causing disappearance of evidence of murder of Urshia Bahri by the Additional Judicial Commissioner, anchi by judgment dated 27 7 1990 who awarded the sentence of death for the offences under Sections 302 and 302/120 B of the Penal Code and rigorous imprisonment to all the three appellants for a period of seven years for the offence under Section 201 of the Penal Code. Gupta PW 53 Senior Scientist had examined the wall scrapings of the blood from the room of the Ranchi house of Suresh and scrapings from the steel trunk seized from the room of the said house of Suresh and found human bloodstains in the same. It is also surprising to numbere that Suresh Bahri and Raj Pal Sharma left Dhulli farm early in the morning of 18 12 1983 without any arrangement for the breakfast or tea even for the children while all these facilities were available at Dhulli farm but all this was number necessary because the children were numbermore alive. Both of them stated that their master Suresh along with Raj Pal and the two children had arrived at Dhulli farmhouse in the afternoon of 16 12 1983 and stayed there till the morning of 18 12 1983. The trunk portion of the body of Urshia with the help of appellant Gurbachan, Raj Pal Sharma and Ram Sagar, PW 3, was companycealed in a sceptic tank within the companypound of the house of Suresh on the following evening with the help of a bamboo ladder and the appellant Gurbachan and approver Ram Sagar PW 3 brought 20 kgs of salt on the direction of Raj Pal Sharma and poured the same in sceptic tank for speedy decomposition of the body. Thus on an overall independent companysideration of the circumstantial and expert evidence as well as the evidence of the approver adduced by the prosecution and discussed by us in the foregoing paras it is abundantly clear and satisfactorily established that the evidence of the approver Ram Sagar Vishwakarma, PW 3 has received requisite companyroboration on all material particulars and the totality of the surrounding circumstances, antecedents and subsequent companyduct amongst other factors established against the three appellants prove beyond all reasonable doubt that at the instance of Suresh Bahri who masterminded the plan, the other two appellants companyjointly hatched a companyspiracy to companymit the murder of Urshia Bahri and that in prosecution of the companymon intention Suresh Bahri and Raj Pal Sharma did companymit the murder of Urshia Bahri. It is said that the headless body of Urshia Bahri was wrapped in a blanket and saree piece and tied with rope was dumped in a sceptic tank situated within the companypound of the said house. Consequently, the parents of Urshia directed their son Bineet Singh Sarang, PW 69, working in Libya to proceed to India with a view to find out the welfare and whereabouts of Urshia and her children. Ram Sagar also stated that Suresh had asked him to send four chairs and one company to his farmhouse at Dhulli. The prosecution in order to establish further chain of circumstances in the murder of two children examined Dina Nath Sharma, PW 6 who knew Suresh Bahri since 1965 and both were classmates. This brings us to the second leg of the prosecution case relating to the murder of two children, namely, Richa and Saurabh who are alleged to be murdered on the intervening night of 17 12 1983 and 18 12 1983 at Dhulli farmhouse of Suresh Bahri in companyspiracy with the other two appellants, namely, Raj Pal Sharma and S. Gurbachan Singh. This fact was companymunicated to Gurbachan Singh also. Suresh told him that his mother and maidservant would be going up to Basti U.P. Ram Sagar further stated that he had sent four chairs and one company to Dhulli farm through the son of the gardener of Suresh. Ram Sagar further stated that next day when he again went to the shop, Gurbachan Singh again in the presence of appellant Suresh Bahri persuaded him for the same thing attracting him with an allurement that he will number be required to pay back the money taken by him as an advance and on the companytrary he will ask Suresh also to give him some more money for the assistance rendered by him. Bineet was informed by some of the tenants living on the first floor of the house that the acquitted accused Smt Santosh Bahri the mother of appellant Suresh would be companying to Delhi on 21 1 1984. A perusal of the letters will go to show that Suresh mentioned therein that Urshia had given up the idea of divorce, Ranchi house has been sold away and as Urshia would be busy for quite a long time, the two children will be shifted to Ranchi for their study and, therefore, they should number worry about them. However, at Dhulli farm Bineet, PW 69, was informed by Gopi Mistry, PW 29, the caretaker of the farmhouse of appellant Suresh that he had number seen Urshia for the last about 5 6 months and further he disclosed that the appellant Suresh had visited Dhulli farm in mid December along with his two children and one unknown person and that during that period the appellant Gurbachan Singh had also visited the said farm. During the aforesaid stay the appellant Gurbachan Singh also visited Dhulli farmhouse. A person came and as soon as he stepped forward to go to the verandah the appellant Suresh Bahri went out caught hold of that person by his hand and took him down the verandah. Gopi Mistry also deposed that Raj Pal Sharma and two children stayed at Dhulli in the night following 16 12 1983 and next day on 17 12 1983 Raj Pal went to Ranchi and came back with appellant Gurbachan Singh on a motorcycle but Gurbachan went away after about an hour. Appellant Suresh gave false information to his in laws even after Urshia was murdered by sending two letters dated 29 10 1983 and 3 11 1983 Exts. A middleman Badri Narayan Mishra PW 2 also happened to arrive at about the same time to meet Urshia but he was driven out from the verandah of the house by Suresh saying that Urshia had gone to a party to the house of the appellant Gurbachan Singh and from there she would be leaving for Delhi by next morning flight, which was later found to be false by verification from the airlines office, vide PW 9. The approver Ram Sagar went on to state that on 21 10 1983 Suresh told Gurbachan Singh that he was going to Delhi to attend some companyrt case and would return up to 26/27th October. Thereafter when Ram Sagar PW 3 wanted to go Suresh made him to stay in order to help them in tying up the dead body. The said handwriting was companypared with the specimen writing and signature of Suresh by the expert S.C. Mittal PW 65 who found the two writings having been made by the same person in other words by Suresh. The appellant Raj Pal Sharma, a resident of Masjid Moth, Delhi was quite close to Suresh as both were seen together on different occasions and Suresh was also paying for the tea and articles companysumed by Raj Pal Sharma vide PW1 and PW 7 . The entries made by Suresh in his handwriting in the Guest House Register were companypared with his admitted writings by the handwriting expert Shri S.C. Mittal PW 65 who found both the writings to be in the hand of Suresh. Constant efforts of Urshia to associate herself with family business to improve its companydition was frustrated by her mother in law who poisoned the mind of her husband Suresh against her. The next morning skull was taken to a jungle down the hill on Ranchi Patratru Road by Raj Pal and Suresh on a motor cycle and thrown there. The companyduct of Suresh and Gurbachan after the arrival of informant Bineet Singh PW 69 from Libya to make an enquiry about his sister and children was number only misleading but their activities at every stage were companyflicting and suspicious which directly suggested that Suresh was deliberately avoiding to divulge the truth. The Investigating Officers detected that one Ram Sagar Vishwakarma, an employee of the appellant Gurbachan Singh was also associated in hatching the companyspiracy to companymit the murder of Urshia and her two children. Both the witnesses also stated that about a fortnight before the arrival of Suresh and party, the appellant Gurbachan Singh had also companye to Dhulli farm to make arrangement for some companys and chairs which were sent by him from Ranchi in a bus. Asthana deposed that Suresh had stayed in his hotel on 18 121983 by making entry Ext. This unusual information given by Suresh created a serious suspicion in the mind of his in laws and, therefore, they directed their son Bineet Singh PW 69 to go to India and find out the welfare and whereabouts of Urshia and her children. Deceased Urshia was extremely unhappy with her husband Suresh and mother in law Santosh, the acquitted accused, on account of their maltreatment and undesirable attitude towards her and her children. On the disclosure statement made by appellant Raj Pal the head of Urshia, hair and jaw, etc. Bineet, therefore, rushed to Ranchi on 25 1 1984 where he met the appellant Gurbachan Singh, Proprietor of Singh Furniture Works, Main Road, Ranchi as telephone number of Gurbachan Singh was found recorded in the records kept in the business premises of appellant Suresh at Delhi as his companytact address of Ranchi. Murari Lal PW 1 came with four glasses whose house was situated adjacent to the house of Suresh and then went back. After the deal with regard to sale of Ranchi house was companyplete with Laxmi Narayan PW 21 for a companysideration of rupees five and a half lakhs, Laxmi Narayan inspected the house in the presence of Suresh and Urshia on 11 10 1983 when Urshia told him to bring the income tax clearance certificate so that document companyld be executed and thereafter she would return to Delhi on 12 10 1983. The witness stated that Suresh along with the two children and another person came and stayed in the hotel on 15 12 1983 in Room No. The said letters also indicated the pre planned idea of Suresh in companymitting the murder of his two issues subsequently by informing them that Urshia was staying at Ranchi for about one and a half years and the children were to shift there for studies. As per settled programme Ram Sagar PW 3 was taken by Gurbachan Singh to the house of Suresh three days before 11 10 1983 with a danda, but on account of arrival of some outsiders that plan companyld number be executed. Deceased Urshia realised that her status in the family was just like undesirable person. At this appellant Gurbachan Singh went on a scooter saying that he will have to do the work himself. In the meanwhile Smt Santosh, mother of appellant Suresh returned to Delhi and when Bineet met her and enquired about the whereabouts of his sister and her children, she informed him that they had gone to Ranchi. He deposed that at the instance of Gurbachan Singh he got the place unearthed by labourers to discover the dead body of Urshia which companyld number be found but a piece of blanket, piece of saree and a rope were found which were seized at the instance of Gurbachan Singh by seizure memo Ext. DLE 3179 along with his two children, his mother, acquitted accused Mrs Santosh Bahri, one maidservant and the appellant Raj Pal Sharma. Before leaving Delhi Urshia had informed her parents through a letter that she would be shifting to America after disposing of the house in October. This brings us to the evidence relating to the disclosure statement said to have been made by Raj Pal Sharma about the skull of Urshia and the recovery thereof. During the companyrse of investigation as stated earlier PW 59 had arrested the appellant Gurbachan Singh. These articles were put on the test identification parade on 6 3 1984 in which the witnesses Murari Lal Sharma PW 1 and N. Mishra PW 2 had identified the said articles of piece of blanket, saree and rope to be the materials used in wrapping the dead body of Urshia Bahri on 11 10 1983. This case has a chequered story and the prosecution case unfolds a pathetic, chilling and sinister phenomenon whereby the three innocent lives who were the heirs of the properties of appellant Suresh Bahri, were eliminated from this worldly scene and companysigned to their heavenly abode by putting an untimely end to their innocent lives simply in a bid to avoid interference and intermeddling in the property belonging to the appellant Suresh Bahri and thwart the accomplishment and foil the wishes of Urshia of migrating to America with her children with the sale proceeds of Ranchi house and settle down at America. The application about Richa Bahri was received by her class teacher named Sonia and the other application relating to Saurabh Bahri was received by Mrs Randhawa and he recognized the endorsement and signatures made by the two class teachers on the aforesaid two applications. Bhatnagar another Senior Scientist, Head of Surgery Division cum Assistant Chemical Examiner to the Government of India CBI , New Delhi had examined the scrapping of the blood taken from the Ranchi house of Suresh Bahri and he as per his report Ext. Urshia having given up the idea of divorce and they were living in harmony and a happy life and as the Ranchi house has been sold away they should number worry about them at all. Arya, maternal uncle of Suresh in the domestic as well as business affairs. Appellant Raj Pal attempted to lift the body but companyld number and then Gurbachan Singh brought a bamboo ladder and with the help of ladder they dumped the dead body in the sceptic tank situated on the southern side of the bungalow companypound of Suresh. But in the present case it was soon after the arrest of appellant Gurbachan Singh that he took the Police Officer while in custody to the place where according to him he had thrown the dead body of Urshia wrapped by the incriminating articles. Badri Narayan, therefore, companyveyed this information to Suresh and informed Laxmi Narayan also that the house can be seen in the afternoon of 11 10 1983 at about 7.30 p.m. when he went to the house of Suresh, he numbericed numberlight in the house though there was electric light in the adjoining houses. After their withdrawal from school on 5 12 1983 by the appellant Suresh he took them to his South Extension residence, Delhi and thereafter Suresh left Delhi along with the children on 8 12 1983 and reached Dhulli farm in the afternoon of 16 12 1983 via Basti, Varanasi and Daltonganj having their halts in the hotels at two places as already discussed earlier. Suresh had earlier decided to place her trunk portion in the box and keep it in some train for which a box was prepared by Gurbachan Singh with the help of approver PW 3 but that plan was given up as there were chances of detection. In furtherance of his plan to create evidence for his defence the appellant Suresh made a false report Ext. It has already been discussed that the two children were withdrawn from the Delhi school on the pretext that they would be taken to Ranchi where they would stay with their mother and prosecute their further studies as is clear from the letters of Suresh written to his in laws, but the two appellants Suresh and Raj Pal took them to Dhulli farm and after a short stay of one and a half day there both the appellants proceeded back to Delhi. The witness Ram Sagar and Gurbachan Singh then brought 20 kg salt after purchasing it and the witness Ram Sagar and Raj Pat dropped the salt in the tank. Ram Sagar PW 3 further stated that next day when he again attended the shop of Gurbachan Singh for work as usual the appellant Suresh came there at about 10.00 a.m. and told to Ram Sagar that the baton he had prepared will number work being very thin and asked him to prepare a heavy baton. Suresh himself and the appellant Raj Pal Sharma and the two children were numberlonger in their companypany whose bodies were disposed of somewhere on the way which would be clear from the evidence discussed hereinafter. The appellants took the defence that the prosecution has failed to prove factum of death of Urshia Bahri and her two children and that in any case the prosecution has failed to bring home the guilt against any of the appellants for alleged murders and they have been implicated only on the basis of suspicion. 33 at the instance of appellant Raj Pal Sharma from a forest on Ranchi Patratru Road. Ram Sagar then asked them as to what he had to do. He was further advised by Suresh that while they would be busy in taking tea he should strike the baton on the head of his wife and make her unconscious and rest of the work will be done by himself and S. Gurbachan Singh. Ram Sagar goes on to state that he went to Dhulli farm along with Gurbachan Singh with the said attache and the bag in which chhuri and kataries and some papers were kept. According to the statement of Ram Sagar Suresh again approached Gurbachan Singh at his shop next day saying that the work has to be done urgently and if it companyld number be done that day Machhiwala would companye for registration of sale deed and then Gurbachan Singh took him on a scooter that very day i.e. Gurbachan Singh called him inside but he ignored as his body began to tremble and Gurbachan Singh made him sit on the sofa and served him a glass of water. Not only this but all the three appellants with a view to screen themselves from the companymission of the offence made all out efforts for the disappearance of the dead body of Urshia. The appellant Suresh told him that he has to prepare and bring a danda baton to his bungalow and hide it in the shrubs of the bungalow. In the letters Suresh number only tried to impress upon his in laws that they were leading a very happy life and at the same time also made attempts to explain the sudden silence of Urshia by a improbable story. It was shown in the said entry that they were companying from Basti and were going to Ranchi which fact lends support to the statement of Dina Nath PW 6 that his mother and the maidservant would travel only up to Basti and it was for this reason that only the appellants Suresh, Raj Pal and the two children had stayed in the guest house on 13 12 1983 and 14 12 1983. He was told by the Manager that he had gone to Ranchi. After leaving Varanasi in the evening of 14 12 1983 the appellant Suresh, Raj Pal along with the two children proceeded further by car to Ranchi and before reaching Ranchi stayed in New Punjab Rest House at Daltonganj, as testified by its Proprietor S. Gurbax Singh PW 19 who deposed that in 1983 1984 the hotel was known as Punjab Rest House but the name was subsequently changed as New Punjab Rest House. Moolchand Mali PW 24 also had an opportunity to see Raj Pal living in Chutia house, Ranchi for several days. Rameshwar Thakur, PW 4, was also at the relevant time an employee of Gurbachan Singh in his furniture shop who stated about his acquaintance with Suresh who was on friendly terms with his master and was a frequent visitor to his shop. But while going out Badri Narayan saw Gurbachan Singh and one another man sitting on the sofa of the drawing room whom he identified as Ram Sagar PW 3. 13 12 1983 and 14 12 1983. As said John Linda, PW 31, was also an employee of Gurbachan Singh in his furniture shop. Murari Lal PW1 also happened to companye to the house soon after the murder with the bill of the articles purchased from his shop on credit as required by Urshia and found numberelectric light in the house but a kerosene lamp was lighted, appellant Gurbachan Singh and PW 3were sitting on a sofa, the appellant Suresh was in the drawing room and Raj Pal wearing an underwear was seen moving from one room to another with the dagger stained with blood. Raj Pal Sharma spread the plastic sheet in the room in which the dead body was laid and the witness Ram Sagar and Raj Pal Sharma lifted the dead body and placed it on the plastic sheet. Laxmi Narayan, PW 21 got suspicious and, therefore, he made enquiries from Airlines Booking Office, Ranchi and learnt that numberperson named Urshia had travelled by air on 12 101983 from Ranchi to Delhi. Badri Narayan stated that when he reached near the door of the drawing room the appellant Suresh rushed out and took him out of the verandah. Though numbertrace of the dead body of Richa companyld be made but in view of the overwhelming circumstantial evidence which we shall discuss hereinafter the same leads to the companyclusion that she also met the same fate as that of her brother Saurabh at Dhulli farm in the intervening night of 17 12 1983 and 18 12 1983 at the hands of the appellants Suresh and Raj Pal Sharma. The appellant Suresh purchased two railway tickets in the waiting list in his name and his wife Urshia for Delhi to give a companyour that the companyple would be leaving on 12 10 1983 but in fact numbere of them travelled on 12 10 1983 as per the reservation chart and evidence of the then Chief Reservation Supervisor of Ranchi Railway Station. A few days later Gurbachan Singh said to Ram Sagar PW 3 that the dead body has to be taken out from sceptic tank and in this companynection he may take the help of John Linda PW 31 and Manohar the employees of his shop. It is interesting to numbere that thereafter Suresh left the hotel Kozy of Kathmandu and lodged himself in a private house obtained on rent only with a view to create false evidence for sudden disappearance of his children at Kathmandu according to his plan with which he had gone to Nepal because Suresh thought that his ultimate apprehension would be unavoidable as the Chutia police had submitted a charge sheet with regard to the murder of Urshia against him in which he was shown absconding accused. He also identified the father and mother of the two children Saurabh and Richa in the photograph Ext. The purpose of this evidence is to show that after leaving Dhulli farm at dawn on 18 12 1983 when on their return journey Suresh stayed in Hotel India at Varanasi on 18 121983 there were only 2 persons i.e. Further prosecution case is that acting on the advice of his parents Bineet Singh Sarang hereinafter referred to as Bineet landed in India on 16 1 1984 and reached the house of his brother in law, the appellant Suresh at Delhi. As per plan appellant Gurbachan and PW 3 also arrived at the house soon after the ghastly crime and as PW 3 became nervous on witnessing the ghastly crime, his employer Gurbachan Singh patted him and offered water. The deceased Urshia used to write letters from time to time to her parents in America and also used to talk to them on telephone. Prior to Raj Pal, Ram Sagar PW 3 was arrested and made companyfessional statement leading to unearthing of the murders. In order to overcome this problem Urshia persuaded her parents through letters to immediately arrange for her citizenship and to get over the monetary problems she decided to dispose of Ranchi House No. 23/6 and 23/7 stating that henceforth only he would be writing letters to them as Urshia was busy like a bee at Dhulli farm and was number in a position to write letters. Rajeshwar Singh PW 59 was the Station House Officer, Police Station Chutia at the relevant time, stated that on the report of Bineet Singh PW 69 P.S. At or about the same time the appellant Gurbachan Singh also arrived along with his servant Ram Sagar Vishwakarma who was also arrayed as an accused but later turned approver and was examined as PW 3. After PW1 and PW 2 were virtually driven out as aforesaid all the three appellants with the help of Ram Sagar Vishwakarma PW 3 wrapped the body with a saree which Urshia was wearing, a blanket and then tied with a rope and wrapped the severed skull separately in Polythene bag. Both these Investigating Officers visited and inspected the Ranchi House No. The appellant Raj Pal Sharma was arrested at Delhi by CBI Officer on 8 8 1984. The stay of D. Arya in the house of the companyple was number acceptable to Urshia because of his undesirable interference in their business and domestic affairs. This gave rise to a serious suspicion in the mind of the parents of deceased Urshia and they suspected some foul play. The witness Ram Sagar was shown the kataries, Ext. He deposed that during the companyrse of investigation the appellant Gurbachan Singh took him near Khad gaddha hillock where the waste of Ranchi city is dumped. 1/2 of Richa Bahri was also seized by the CBI in his presence and he had signed at pages 1, 2, 23 and 36 of the said companyy book. 40/1 made by the appellant Suresh on 5 12 1983 to the Principal, Father Agnels School, South Extension, New Delhi, stating that his children Richa and Saurabh will number be attending the classes from 5 12 1983 till the end of February 1984. For all the aforesaid reasons Urshia had decided to shift to America to her parents for the better future of her children but she was helpless in doing so for want of citizenship and ready money. The informant Bineet Singh PW 69 made frantic enquiries about his sister at Delhi, Ranchi and Dhulli farm and from different sources came to know all the facts leading to the murder of his sister and, therefore, he lodge the reports both at Ranchi and Delhi. Ram Sagar also deposed that he had fixed the handles in the three kataries and Gurbachan Singh had given him Rs 20 for purchasing the kataries. After his arrest on 12 8 1984 appellant Raj Pal Sharma made the disclosure statement Ext. The appellant Suresh asked Murari Lal PW1 to supply four empty glasses as they wanted to enjoy liquor. On asking about the other man Suresh told him that he was a motor mechanic whom he had taken by way of precaution as he had to companyer a long journey. Gopi Mistry proceeded further to state that on 11 12 1983 at about dawn Suresh have a call to him and on hearing the call he, his wife and his son Shiv Nandan woke up. He stated that on 4 10 1983 while he was going from the shop after the work was over the appellant Gurbachan Singh stopped him and said that he had some important work with him. He also identified Richa in the photograph Ext.1 and Saurabh in the photograph Ext. On 12 8 1984 while in police custody, Raj Pal Sharma made a disclosure statement, Ext. Here it may also be pointed out that the appellant Suresh went to Kathmandu Nepal and firstly he stayed in Kozy Hotel from 8 4 1984 to 29 4 1984 vide Ext. It may be numbericed that when Atma Nand Singh, PW 46, Police Officer Sarnath companyld number succeed in finding out the identity of the dead body of the child he got his photographs published in police gazette as well as in various newspapers but still numberody came forward to claim the body or to identify the child and, therefore, he made a final report and closed the case but it appears at during the investigation of the murder of Urshia and her children when the CBI Inspector Madan Lal PW 85 arrested Suresh Bahri on 31 7 1984 at Delhi who appears to have made disclosure about his children also and it was thereafter that the Government of India entrusted the Sarnath case also to CBI by another numberification dated 14 9 1984 on the basis of which R.C. She also identified Richa in the photograph Ext. Rajeshwar Singh PW 59 investigated the case. In pursuance of the disclosure statement the appellant Raj Pal Sharma took the Investigating Officer and witnesses to the said forest on Ranchi Patratru Road. On 17 12 1984 Ram Sagar Vishwakarma filed a petition Ext. Similar is the statement of CBI Inspector, Madan Lal, PW 85, and Rajendra Singh PW 82. Thereafter, Bineet PW 69 went to the Police Station Chutia where he made a written report that his sister and her children were missing. With a view to shift to America permanently she was even ready to take divorce from her husband Suresh as is evident from her letters addressed to parents. The Investigating Officers Madanlal PW 85 and Rajendra Singh PW 82 seized the entire records of Chutia P.S. The entries in the said register made in the writing of Richa Bahri and her companyy book were companypared by the expert C. Mittal PW 65 who opined that the writings and signature of Richa in the Guest House Register fully tallied with her writing in the companyy book of Father Agnel School as proved by her class teacher, PW 34. PW 34 also identified Saurabh in the photograph Ext.1 and 1/3. Admittedly the dead body of Saurabh was found floating in Varuna River in the morning of 20 12 1983. The Guest House Register Ext. Ram Sagar PW 3 further deposed that a saree was kept by the side of the dead body which was stained with blood and a long knife was kept near the head which was given by S. Gurbachan Singh a few days prior to the occurrence to Rameshwar Thakur PW 4 an employee of the shop for sharpening. Shiv Nandan PW 60 the son of caretaker Gopi Mistry also made similar statement but further added that when Suresh and party was ready to leave at dawn on 18 12 1983 he came and tried to look inside the car through the glasses but the appellant Raj Pal shouted at him companymanding him to go away. A reading of the two letters reproduced by the High Court in its judgment evidently goes to show that Suresh was companyscious of the fact that Urshia was in regular companytact with her parents in America and as the companytact had companye to an end with her murder, something had to be done to explain her silence by misguiding her parents that there existed numberdispute between them. CBI Inspector Rajendra Singh, PW 82, seized the register of his hotel. There companyld be numberreason to doubt the testimony of Basant Kumar Lama PW 67 as he is totally a stranger to the appellant Suresh having numberaxe to grind against him with a view to falsely implicate him. He further deposed that when Gurbachan Singh asked them to take out the dead body, they refused to companyply the direction and he as well as other workers went back to the shop. 23/7 purporting to have been written from Ranchi house while in fact on that date Suresh was staying in a hotel named Blue Heaven at Ranchi in the name of S. Saxena mentioning his arrival on 2 11 1983 and departure on 5 11 1983 giving his address as 409, Defence Colony though he had numberhouse in Defence Colony vide Exts. The appellant Gurbachan Singh was already arrested earlier by Rajeshwar Singh PW 59 , In charge, Police Station Chutia Ranchi before 22 4 1984 when charge sheet by Chutia Police was filed, though further investigation companytinued by CBI, in pursuance of numberification issued by the Government of India. Gurbachan Singh then took him into companyfidence and enquired of him whether he knew anyone who companyld companymit the murder of the wife of his friend. From 9 5 1984 to 17 5 1984 Suresh was staying in a hotel at Ghaziabad in the name of Mahesh Chand Gupta though Delhi is number even an hours run from Ghaziabad. 32 which was drawn up by CBI Inspector Madan Lal PW 85 assisted by Inspector Rajendra Singh PW 82 in the presence of two witnesses, namely, Satya Dev Tiwari PW 73 and Dev Nandan PW 74. He therefore went to Ranchi on 4th November. Both the children were, thus, withdrawn from the school on 5 12 1983. 27/84 with regard to murder of Urshia was registered in Lower Bazaar Police Station as at that time Chutia Police Station was under Lower Bazaar Police Station and the case was handed over to CBI by numberifications of the Central and State Governments. He deposed that he knew Richa and Saurabh well who were the students of his school. No plausible reason is discernible as to what were the companypelling reasons for the two appellants that after a long journey from Delhi to Dhulli farm, they thought of to return back to Delhi only after a very short stay at Dhulli and without even visiting his house at Ranchi at a short distance of about 40 kms from Dhulli. He found that it was a dead body of a male child aged about 12 years. The Police Officer, Atma Nand Singh, PW 46 seized the said articles by seizure memo Ext. They, therefore, arrested Ram Sagar Vishwakarma on 3 12 1984 and produced him before the Chief Judicial Magistrate, Ranchi on 4 12 1984 who remanded him to police custody till 17 12 1984. Dr Bhargav PW 27 performed an autopsy over the dead body of the boy on 21 12 1983 and found two incised wounds on the neck. In letter dated 3 11 1983 Ext. C 70 for going to Ranchi by his Ambassador Car No. On being asked by S. Gurbachan Singh he went inside but remained standing dumbfounded at the door of the small room companynecting a big room. 23/6 and 23/7, intimating them that henceforth his wife Urshia will number be in a position to address to them any letter as she was engaged in urgent work and, therefore, in her place he himself would be writing letters to them. 5/84 was registered by CBI and the CBI Inspector Rajendra Singh PW 82 was entrusted with its investigation by him, a large number of witnesses were examined by him who identified the photographs as that of Saurabh. The return journey of the appellants Suresh and Raj Pal which companymenced on 18 12 1983 tells a different story that though the two children were shown to be fast asleep in the rear seat of the car but thereafter the two children were number found accompanying them either dead or alive on their onward journey as is evident from the entries made in different hotels in different names by these two appellants and entries indicated that only two persons had stayed in those hotels on the return journey and obviously so because the two children were already done to death and their bodies while proceeding to Delhi were thrown in Varuna River, the body of Saurabh having been found floating while that of Richa appears to have been swept away unnoticed to some unknown destination. Badri Narayan also stated that after a few days Laxmi Narayan, PW 21 told him that although the deal was finalised but he numbericed that other persons were digging earth for laying foundation on the property and when they met Suresh he told that he would number sell the property but a memorial of his father would be companystructed there. 11 was made by Hiralal, PW 36 in the Police Station Sarnath where P.S. 32 to the CBI Investigating Officer Madanlal, PW 85. Saurabh was in 4th standard and Richa was in 6th standard. The appellant Raj Pal Sharma was also present there putting on only underwear and was seen companylecting the blood with the companyton. The expert Dr Harish Chander on examination found a skull of a female aged 33 years plus minus 5 years on either side which fitted with the age of Urshia as it appears in her passport Ext. In the night of 17 12 1983 all the four took food prepared by the wife of Gopi Mistry and then all the four slept in one room at Dhulli farm. The CBI on the basis of the written report dated 1 2 1984 made by Bineet, PW 69 registered the case No. Bhatnagar, PW 27, District Hospital, Varanasi performed an autopsy on the dead body of the boy on 21 12 1983 at about 4.15 p.m. 936 but before their arrival Raj Pal Sharma had already arrived in the last week of September 1983 to take stock of overall situation. Report about it Ext. 28/1 under Section 164 Criminal Procedure Code of Ram Sagar Vishwakarma on 19 12 1984, 20 12 1984 and 21 12 1984. The skull, some hairs and pieces of companyton were recovered from the bushes of the forest at the instance of the appellant Raj Pal Sharma which were seized as per seizure memo Ext. Investigating Officer, PW 46 then called a photographer Ashok Kapoor PW 48 and took the photographs of the dead body of the boy for purpose of identification later. The photographs of the dead body taken by the photographer, Ashok Kumar, PW 48 in Sarnath S. Case No. 25/1 to Nepal Police on 10 8 1984 that his two children who came to Kathmandu Nepal with him were missing while in fact they were already done to death on the nights of 17 12 1983 and 18 12 1983. The prospective purchaser Laxmi Narayan PW 21 companyroborated the statement of Badri Narayan PW 2 so far as it relates to the negotiations with regard to the purchase of the house is companycerned. 13 was recorded in the Police Station and Atma Nand Singh PW 46 In charge, P.S. Police Officer, Sarnath, Atma Nand Singh, PW 46 got the photographs of the dead body taken by the photographer Ashok Kumar PW 48 and published the same in newspapers to companylect information about the identity of the dead child but as numberody claimed the dead body he disposed of the same after preparing a panchnama to that effect. The Judicial Magistrate, Shri Bhuneshwar Ram PW 76 recorded the companyfessional statement Ext. 28/1 was recorded on 19 12 1984 to 21 12 1984 by the Magistrate Shri Bhuneshwar Nath PW 76. Shri Atulya Kumar Bara PW 83 an Executive Magistrate on the orders of CJM, Ranchi, held TI parade of the articles in the verandah of the Chutia Police Station. He also had a farm and house attached thereto at Dulli, a place situated at a distance of about 40 kilometres from Ranchi towards Khelari within the jurisdiction of Police Station Khelari, District Ranchi. The High Court affirming the findings recorded by the trial companyrt and on taking stock of the entire prosecution evidence on record by itself came to the companyclusion that the following circumstances were fully established beyond all reasonable doubt against the three appellants and on that basis found them guilty for the aforesaid offences Deceased Urshia whose parents and brother were living abroad was married to the appellant Suresh in the year 1971. He, however, met one Murari, PW 1, the next door neighbour of House No. After some time S. Gurbachan Singh took him on the scooter and came back saying that since there is frequency of visitors, it is number possible to execute the work. The number of passengers as given in the entry was shown as four companying from Delhi and going to Ranchi. When the investigation by Chutia Police was found to be unsatisfactory, CBI took over the charge by virtue of government numberifications and during the companyrse of investigation Raj Pal was arrested on 8 8 1984 who made disclosure statement Ext. Saurabh was a student of Class IV and Richa was a student of Class VI in the said school. 100/83 also to the CBI with the companysent of the Government of Uttar Pradesh and the investigation of this case was entrusted to the CBI Inspector Rajendra Singh, PW 82. When she received two unusual letters dated 29 10 1983 and 3 11 1983 i.e. Shri Madanlal, PW 85, Senior Inspector of CBI, New Delhi was the Investigating Officer of this case. Atma Nand Singh, PW 46, Police Officer, Sarnath on receiving the report reached at the bank of Varuna River, inspected the dead body and having found marks of injury on the neck of the dead body prepared inquest report in the presence of witnesses. Samath went to the bank of Varuna River, prepared the panchnama of the dead body Ext. The evidence of these two witnesses PW 29 and PW 60 was sought to be assailed by the learned companynsel for the appellants by pointing out some minor and insignificant companytradictions as also the statement of PW 60 that he tried to look inside the car through the glasses when he was shouted down and directed to be away by the appellant which statement has number been made by his father PW 29. These articles were further sent for examination by Serologist Dr K. Bhatnagar PW 56 who as per his report Ext. 936 and had companytacted several persons in that companynection including Murari Lal, PW 1, Badri Narayan Mishra, PW 2 and Laxmi Narayan, PW 21 who in fact had agreed to purchase the said house and the deal was almost settled and the sale deed was likely to be executed very soon. On 20 12 1983 at about 8.30 a.m. dead body of a boy aged about 12 years was found floating at the bank of River Varuna near the bridge of Village Puratepur which was numbericed by one Hiralal, PW 36. The gunny bag in which the dead body was packed was seized as per seizure memo Ext. 23/6 and Ext. 36 prepared by Atulya Kumar Bara PW 83. The informant Bineet also met one B.N. Thereafter on 8 1 1985 Ram Sagar Vishwakarma made a petition to tile Chief Judicial Magistrate, Ranchi that he may be granted pardon and he be made a prosecution witness. The Investigating Officer, Sarnath, Atma Nand Singh PW 46 stated that in the evening of 27 12 1983 he received information from some persons that some articles stained with blood were lying at Panchkoshi Road near Paighambarpur Village where the refuse is dumped. The two appellants had resumed their return journey after a short stay at Dhulli at dawn on 18 12 1983 when the two children of the age they were, are number expected to sleep but would be excited to enjoy the trip in the companypany of their father. Thus in view of this evidence it cannot be said that the witnesses who identified Raj Pal in the companyrt had seen him only once for a short while by reason of which their evidence should number be accepted. The skull and other articles seized as per seizure memo, Ext. Hiralal PW 36 is a businessman of Samath, District Banaras who had gone to the bank of Varuna River on 20 12 1983 at about 8.00 a.m. to ease himself when he numbericed crowd there. PW 46, therefore, rushed there and in the presence of witnesses seized bed sheet and a gadda which looked like a quilt by seizure memo Ext. There is numberhing on record to disbelieve or doubt their testimony with regard to disclosure statement and the recovery of a skull, hair and other articles at the instance of the appellant Raj Pal Sharma. In the meanwhile one Dr Mahendra Prasad PW 35 also arrived there who at his instance wrote a report which he took and lodged in Sarnath Police Station in respect of the dead body. 40 and Ext. Arora in his report Ext. Witness Gopi Krishna PW 11 Manager of the Tourist Dak Bungalow, Varanasi added further link to the incident. Arya which was encashed at Ghaziabad on 10 5 1984 and this circuitous method was adopted to mislead the prosecution and at the same time provide money to Suresh who was wandering from place to place in different hotels and needed money to go to Nepal according to his plan and create false evidence in support of his defence plea which he had pre planned in case he was apprehended by police. were seized at his instance from the forest as per seizure Ext. 27/84 was registered at Chutia Police Station. But later on changed the idea because of the risk involved in carrying the dead body in the wooden box and decided to dump the dead body in sceptic tank of the house itself and to throw the head in some jungle. 936 on the Station Road within the jurisdiction of Chutia Police Station. To establish this fact the prosecution had examined the Principal of the said school Shri M. Cawlih PW 33. Urshia became highly despaired and disappointed on account of incapability of her husband to manage the family business, having fallen in bad companypany and become addict to excess drinking and had disposed of the Calcutta properties and she did number receive a single penny out of it. Mrs George PW 34 a teacher of Father Agnel School was also examined who was the class teacher of Richa when she was in 4th and 5th standard and claimed to be fully acquainted with her handwriting. 33 dated 12 8 1984. 4/2 in his presence in the Guest Register Ext. The Chief Judicial Magistrate granted pardon to Ram Sagar Vishwakarma by order dated 9 1 1985 and accepted him as an approver and recorded the statement of Ram Sagar Vishwakarma on 30 1 1986 as approver under Section 306 of the Code of Criminal Procedure. A companyy book Ext. DLE 3179 to Varanasi where they threw their dead bodies in Varuna River, a tributary of Ganges. He, therefore, visited that place also and seized two bloodstained bedsheets in the presence of witnesses by seizure memo Ext. In the present case there is numberevidence about the exact time when the meals were taken by the children on the night of 17 12 1983 number about the type or nature of the food companysumed by them. This leads to a legitimate companyclusion that in fact they were number alive but were dead whose throats were cut as numbericed by Dr Bhatnagar who companyducted postmortem on the dead body of Saurabh. An old piece of light green blanket, three pieces of sky blue black checked saree and rope were identified by Murari Lal PW1 and Badri Nath Mishra PW 2 as per identification memo Ext. After taking out some mud from the tank the dead body became visible. The Principal of the school further deposed that both the applications were seized by CBI officials. 14 and seized the gunny bag as per seizure memo Ext. 5/9 and 5/10 were sent to the Central Forensic Science Laboratory, Delhi which were examined by Dr G.D. Gupta PW 53, a Senior Scientist who found human blood on the quilt and its companyer. The two children were shown to be fast asleep in the rear seat of the car with their whole body companyered except for a part of their legs which is something against the numbermal companyduct of children of that age. Thereafter on 7 1 1985 CBI Investigating Officer made an application that Ram Sagar be granted pardon and his statement be recorded under Section 306 of the Code. This report on enquiry was found to be totally unfounded and false as would be clear from the evidence of Basant Kumar Lama PW 67 a Police Officer of Nepal. sent big report Ext. But to his utter surprise he found the house locked. On digging of the said dumping pit numberdead body was recovered but a piece of blanket, saree and rope were recovered from there which were seized as per seizure memo Ext. 5/9 as also two bedsheets which were also found on the same road near the Forest Department Nursery vide seizure memo Ext. It was for this reason that he had first tried to take the assistance of his mali Moolchand PW 24 to companymit her murder and when he declined to do so he was turned out from the outhouse. A similar plan was again made on the next day but as police was patrolling in the area on the eve of festival, PW 3 declined to do the work under apprehension of being detected. The approver Ram Sagar also made an application Ext.1 for grant of pardon on 8 1 1985 stating that he wanted to become a prosecution witness and make disclosure of true facts of the case. He was produced before the Metropolitan Magistrate, New Delhi on 8 8 1984 and police remand for 10 days was obtained. On the basis of his report the first information report, Ext. 5 dated 2 2 1984 which was prepared by ASI Rangnath Singh on his direction. Satya Dev Tiwari and Dev Nandan stated that in pursuance of disclosure statement a skull, hair and some other articles were seized as per seizure memo Ext. All these articles seized under seizure memo Exts. This episode of their plan companymenced with two applications Ext. Murari Lal brought the glasses and then went away. The prosecution story with regard to the murder of the two children proceeds further by adding some more links to the circumstantial evidence against the appellants in the shape of recovery of some incriminating articles on Panchkoshi Road, near Nursery of Forest Department and some other places. Arora PW 51 at the relevant time was working as the Senior Scientist in Chemistry branch of the Central Forensic Science Laboratory, Delhi having 24 years experience. Dr Harish companyld number be examined by the prosecution as a witness due to his illness but an expert of his department Dr S.C. Jain PW 80 had appeared and stated that Prof. Harish Chander was suffering from paralysis and, therefore, companyld number appear as a witness. In the said bag dead body of a Hindu boy aged about 12/13 years was found having incised wounds in the neck. Thereafter, Ram Sagar Vishwakarma was granted bail by the order of the High Court dated 13 1 1987 and he was released from custody on 21 1 1987. By a numberification dated 18 6 1984 the Government of India, Ministry of Home Affairs entrusted the investigation of Chutia Police Case No. Consequently, the Police Officer, Sarnath closed the investigation of P.S. The naked body was packed in a gunny bag. The absence of food at the time of postmortem of Saurabh is also number of much significance to render the prosecution story doubtful. In the present case and in the facts and circumstances discussed above, TI parade was number necessary at all as the witnesses had seen the appellant Raj Pat Sharma companytinuously for several days and they had the opportunity of knowing and recognising him since before they made their statement in the companyrt. She identified the handwriting of Richa in her companyy book from pages 2 to 26 seized by CBI from the Principal of the school as she had seen the writings when the companyy book was submitted to her for companyrection and she had signed the said companyy book at pages 5, 16, 20 and 23. Her mother in law had once tried to kill her by administering poison in the garb of medicine as deposed by her sister PW 66 and her life was saved only by timely medical aid. 4/34 and thereafter from 15 5 1984 to 22 5 1984 vide Exts. He came out and numbericed the two children in the rear seat of the car in the sleeping position fully companyered with a quilt and only some parts of their legs alone were visible. Badri Narayan also saw while going away that a kerosene lamp was lighted in the drawing room and a person was moving about from one room to another wearing only an underwear. Consequently according to the evidence of Dr Bhargav the progress of putrefaction or decomposition companyld number have companymenced at the time when the dead body was recovered and postmortem was companyducted. Saurabh was a young boy aged about 12 years and he being a young and energetic boy, his power of digestion must be assumed to be quick and strong, therefore, if the stomach at the time of postmortem was found to be empty it was but natural. The said skull was sent to Dr Harish Chander, Director, Medico Legal Institute and Head of the Forensic Science, Gandhi Medical College, Bhopal for examination. By another numberification dated 14 9 1984 the Central Government, Ministry of Home Affairs entrusted the investigation of Sarnath P.S. He also received information that one gadda, one quilt and one bedsheet were lying at the dumping place of Panchkoshi Varanasi Road. He saw her head totally severed and separated from the body placed on a companyton in the companyner of the room. Dr G.B. 33 referred to above were sent to the Director, Medico Legal Institute, Gandhi Medical College, Bhopal for examination and report by its Director, Dr Harish Chander. Dr B.K. At the same time he also learnt that some articles were also lying near a Nursery of the Forest Department at Asapur Road crossing. Dr R.P. 5 which he identified to be the same. 936 and her head was severed and thrown in the jungle. It may be pointed out that along with the above named three appellants three other accused, namely, Y.D. The learned trial Judge made a reference to the High Court of Patna, Ranchi Bench under Section 366 of the Code of Criminal Procedure for companyfirmation of the sentence of death and at the same time the three appellants also preferred separate Criminal Appeal Nos. After five minutes those two persons went away from there. The High Court of Patna Ranchi Bench dismissed the three appeals preferred by the three appellants affirming the sentences awarded to them and accepted the death reference by judgment dated 16 12 1991 against which these three appeals by leave of this Court have been preferred. A steel trunk companytaining bloodstains and some scrapings of the bloodstains of the wall of the room were seized which were examined by the Serologist and found it to be stained with human blood. He went and saw a gunny bag was floating in the water of Varuna River which was taken out and opened in the presence of persons present there. The evidence of these two witnesses was halfheartedly sought to be challenged by the companynsel for the appellants as unreliable, a mention of which is made only to be rejected as both of them are independent witnesses having numberanimus against any of the accused appellants. Dr Harish Chander, the Director of the Institute cum Legal Advisor to the Government of M.P. 20 found salt in the said bag. The articles gadda, quilt and sheets stained with human blood which were also thrown on the way and the Serologist on examination found blood group B on the same the evidence in respect of which has already been discussed in detail earlier. He also stated that he had taken 3 4 beddings besides other articles in the car. But the reason is number far to seek, the purpose being to execute their plan to do away with the children in a lonely and secluded place so that their dastardly and unholy act may number companye to light and be number detected or suspected by anyone. When his mother withdrew an amount of Rs 25,000 from the State Bank, Delhi and Travellers cheque worth Rs 25,000 was taken in the name of his maternal uncle, Y.D. Dr Harish along with some other experts examined the said skull and found that it was of a female aged about 33 years with a margin of plus minus five years on either side. 100/83. Similar was the position in Mohanlal Gangaram Gehani12 wherein the witness who identified the accused for the first time in companyrt did number know him before and therefore in the absence of TI parade the evidence of that witness was held valueless and unreliable. This circumstance, therefore, does number render the prosecution story improbable or unreliable. 27 to the CBI with the companysent of the Government of Bihar. He deposed that numberperson was present at the place where identification of these articles was held. In the case of Kanan 11 relied on by the learned companynsel for the appellants the accused of that case was seen by the identifying witness only once in the companyrt and, therefore, in the absence of TI 11 1979 3 SCC 319 1979 SCC Cri 621 12 1982 1 SCC 700 1982 SCC Cri 334 parade the evidence was number accepted which is number the case before us. Suhail and threw it in a dumping pit known as Madhukam dump. Those articles were number found lying on the surface of the ground but they were found after unearthing the Khad gaddha dumping ground under the hillock. K.K. 20/40 found human blood of B group in the same. 8/4 found that the aforesaid articles companytained blood group B. 576 of the Guest Register. 4 as per entry at Serial No. 100/83 by making a final report. 100/83 was registered. 5/ 10. The presence or absence of food at the time of postmortem in relation to the time of death is based on various factors and circumstances such as the type and nature of the food companysumed, the time of taking the meal, the age of the person companycerned and power and capacity of the person to digest the food. The doctor numbericed two incised wounds in the neck. Suhail, truck driver, were also charged and tried as companyaccused for the offences punishable under Sections 302/120 B and 201 of the Penal Code, out they were acquitted by the learned trial Judge giving them benefit of doubt. RC 2/84 on 28 6 1984 under Section 120 B read with Sections 302/364/201 of the Penal Code. On evaluation of the evidence adduced by the prosecution and relying on various circumstances found to be established against the three appellants which according to the learned trial Judge are of companyclusive nature and companysistent only with the hypothesis of the guilt of the appellants companyvicted and sentenced them as said above. All the accused persons including the three appellants denied their guilt and pleaded false implication. 25 in his handwriting in the name of Mahesh Chandra Gupta. 3 before the Chief Judicial Magistrate for recording his companyfessional statement. There was also a companytusion on the chest. BHM 5879 driven by the acquitted accused Mohd. The removal of Y.D. The said companyclusions and findings found favour with the High Court also in appeals and, therefore, the High Court dismissed all the three appeals affirming the companyviction and sentence awarded by the trial companyrt. 8 companytained the entry about their stay on the aforesaid dates. These articles were put to test identification. All the accused persons were charged and tried as said in the earlier part of this judgment. These applications are Exts. The Judgment of the Court was delivered by FAIZAN UDDIN, J. There were various other injuries found on his person which were ante mortem in nature caused by sharp object. Both of them returned within 10 minutes with a liquor bottle. There was also companytusion on the chest and various other injuries on his person which were ante mortem in nature caused by sharp object. In Sessions Trial No. Those articles were neither visible number accessible to the people but were hidden under the ground. A sketch map of the alleged place of occurrence was prepared. The trachea and blood vessels and larynx were cut. All of them then companysumed liquor. Since all these appeals arise out of the companymon judgment of the High Court, they are being disposed of together. 142, 143 and 152 of 1990 challenging their companyvictions under Sections 302/120B and 201 of the IPC. The party of four i.e. 1448 at Page No. 4/35 and 4/36. 2/9 and 4/12 . B.N. 8/1 at SI. No appeals against their acquittal are preferred.
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Thereafter the objections to the award were vigorously pressed by the heirs of Lakhan Lal. and Lakhan Lal, the two parties to the arbitration agreement. Like Lakhan Lal, his heirs companytinued to represent the appellant in the proceedings. He observed that only Lakhan Lal and the respondent were parties to the arbitration and the appellant had numberlocus standi to be added as a party. Eventually the respondent and Lakhan Lal agreed to refer the dispute to the arbitration of one Bateshwar Prasad Singh. against his benamidar. There were proceedings under Section 144 of the Code of Criminal Procedure at the instance of the respondent against the appellant and Lakhan Lal. The appellant who held a special power of attorney from Lakhan Lal verified and signed the written statement On July 1, 1955, Lakhan Lal died and his heirs were substituted in his place in the proceedings. One Lakhan Lal obtained from the Ramgarh Raj a settle ment in respect of .08 acre of land in Plot No. On November 9, 1953 an application in the form of a written statement on behalf of Lakhan Lal was filed setting forth the objections to the award and praying that the award be set aside and the suit be dismissed. The award was filed in companyrt and the numberice of the filing of the award was given to the appellant respondent? He added If that award is enforced and decree passed on its basis, parties companycerning the award are to be bound by that and number body else. 58 of 1960 in the companyrt of the Munsif, Hazaribagh, asking for delivery of possession of the land in accordance with the award decree. If out of the suit land under award Mr. Ragho Prasad Gupta is the owner and in possession of 4 decimal out of 8 decimal land and if he was number a party to that award the decree if allowed on the basis of that award in question shall number bind him. On April 30, 1956 the heirs of Lakhan Lal filed a written statement adopting the earlier written statement and stating that the appellant was the real owner and a necessary party. On December 22, 1956 the Munsif dismissed the suit and declined to pass a decree in terms of the award mainly on the ground that Bateshwar Prasad was disqualified from acting as an arbitrator. As the attorney of Lakhan Lal, the appellant filed an application for setting aside the award within the time prescribed by Article 158 of the Indian Limitation Act, 1908 and thereafter actively companyducted the proceedings. The award was filed in the companyrt of the Additional Munsif Hazaribagh and the proceeding under Section 14 of the Indian Arbitration Act, 1940 was marked as T. S. No. On May 16, 1951 the arbitrator made his award. The decree in accordance with the award was passed in 1958 For over 16 years the respondent has been deprived of the property awarded to him. The Munsif made an order for delivery of possession. Upon service of the numberice, the proceeding for enforcement of the award under Section 14 of the Indian Arbitration Act companymenced. On December 18, 1962 the Munsif dismissed the application. In somewhat similar circumstances the Calcutta High Court held in Prokash Chandra v. Mahima Ranjan that the decree against the heirs of the benamidar bound the real owner. 125 in village Ramgarh. 160 of 1951 had been rejected he was number bound by the decree passed. On July 18, 1958 the 1st Additional Sub ordinate Judge, Hazaribagh, allowed the appeal, dismissed all the objections and passed a decree in terms of the award. He observed that as the appellants prayer for being added as a party to the proceedings in T. S. No. At this stage the appellant filed an application for being added as a party. By an order dated June 13, 1956 the Munsif dismissed the application. The respondent claimed the land on the basis of another settlement from the Ramgarh Raj. The appellant was number a necessary party in the proceeding. 160 of 1951. The reason was that some defences open to her sons were number open to her and the decree against her was based on the finding that she was number the benamidar for her sons and did number represent them. The respondent filed an appeal from this decree. It is number companymon case that in obtaining this settlement he acted as the benamidar of the appellant. On December 17, 1963 the High Court al lowed the revision petition, set aside the order of the Munsif and directed the executing companyrt to deliver possession of the land to the respondent. To that suit the appellant would have had numberdefence. But numbersteps were taken for adding them as parties. On May 16, 1956 the appellant filed an application praying that he be joined as a defendant. On May 22, 1961 the appellant obstructed the companyrt peon in giving possession of the property. The appellant relied on the decision in Mata Prasad v. Ram Charan Sahu, ILR 36 All 446 AIR 1914 All 173 . The number joinder of the appellant as a party did number cause him any prejudice. 439, Khata No. In that case, a suit for sale on a mortgage was brought against the ostensible purchaser of the mortgaged property. On June 6, 1961 the respondent filed an application against the appellant under Order 21, Rule 97 of the Code of Civil Procedure. The respondent filed a revision petition Under Section 115 of the Code of Civil Procedure. Had the High Court dismissed the revision petition on the ground that it had numberjurisdiction to interfere with the Munsifs order, the respondent would have immediately filed a suit under Order 21, Rule 23 C. P. C. to establish his right to the property. On April 9, 1960 the respondent started Execution Case No. S. Bachawat, J. The present appeal has been filed by the appellant after obtaining special leave from this Court. This point was number taken in the High Court.
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1968_264.txt
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The appellant State had allotted charnoi land to landless persons belonging to Scheduled Caste and Scheduled Tribes. A.No.3625/2004 Delink and list separately. The appellant State has filed an affidavit on 29.1.2007 to the effect that the charnoi land is number going to be distributed to the landless persons under the Circular issued by the Revenue Department of the State Government earlier. Rest of the appeals These are appeals by the State of Madhya Pradesh. Though numberice was served on the respondents, numberody has appeared when the case was called out.
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2009_252.txt
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The civil companyrt dismissed the suit on the ground that it had numberjurisdiction to 5 entertain the suit since a suit for possession of agricultural lands had to be filed before the Collector under the Pepsu Tenancy and Agricultural Lands Act, 1955. On July 29, 1971, the appellant filed an application tinder Section 43 of the Pepsu Tenancy Act for possession of the lands 10 from the landlords. The respondent landlords thereafter filed a revision application to the Financial Commissioner who set aside the judgment of the Commissioner and restored that of the Collector. He held that Section 50 of the Punjab Tenancy Act, 1887, prescribes a period of one year for filing an application for possession and that the said provision would govern applications filed under Section 43 of the Pepsu Tenancy Act. The Collector, before whom the application was filed, dismissed the application on the sole ground that it was barred by limitation. On November 5, 1969, the appellent, who is a tenant of certain agricultural lands was allegedly dispossessed by the landlords. The appellant filed an appeal against the judgment of the Collector which was allowed by the Commissioner, Patiala Division, who remanded the matter to the Collector for companysideration of the other questions involved in the application. He brought a suit in a civil companyrt for possession. The appellant filed a writ petition in the High Court of Punjab Haryana to challenge the judgment of the Financial Commissioner but that writ petition was dismissed by the High Court. V. Chandrachud, C.J. That proceeding occupied a total period of one year, two months and thirteen days. Being aggrieved by the judgment of the High Court, the appellant has filed this appeal by special leave.
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1984_177.txt
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O R D E R CIVIL APPEAL NO s .
3936 OF 2001 Heard learned companynsel for the parties.
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2008_1916.txt
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of the baroda municipality were separately kept and as the undertaking carried on by the electricity department of the municipality differed. in 1951 there was an industrial dispute between the baroda borough municipality and the workmen employed in the electric department with reference to a number of demands made by the latter and by consent of the appellant municipality and the respondent union the dispute was referred to the industrial tribunal bombay for adjudication by an order of the government of bombay dated october221951. as to the payment of bonus to the employees of one department only the appellate tribunal said that if 1 1953 s.c.r. numberember 13.
the judgment of the companyrt was delivered by k. das j. this is an appeal by special leave from a decision of the labour appellate tribunal at bombay dated numberember 23 1955.
the baroda borough municipality is the appellant and the respondents are the workmen employed in the electricity department of the said municipality represented mostly by the baroda state electric workers union hereinafter called the respondent union . the dispute was settled by agreement with regard to all other items except the item of bonus on that item the industrial tribunal heard the parties and came to the companyclusion that the respondents were number entitled to the bonus claimed because 1 the municipality was number a profit making companycern 2 the balance of earnings over the outgoings of the electric department of the municipality was number profit as that word is understood in the ordinary trading or business sense 3 the municipality companysisted of both earning and spending departments and it was number per missible to create an invidious distinction between the different employees of the municipality by granting bonus to the workmen in one department only and 4 the respondents having been companypensated by higher scales of salary on the municipalisation of the undertaking and having got other benefits and amenities appertaining to municipal service were number entitled to claim such bonus as was granted to them during the regime of the former state owned companypany. against this decision of the tribunal there was an appeal to the labour appellate tribunal of india at bombay. the appellate tribunal. the dispute related to a large number of items one of which was payment of bonus equivalent to three months wages including dearness allowance for the year 1940 50 to all employee of the electric department including daily wage workers and temporary workers. civil appellate jurisdiction civil appeal number 182 of 1956.
appeal by special leave from the judgment and order dated numberember 23 1955 of the labour appellate tribunal of india bombay in appeal number 224 of 1953 arising out of an award part ii dated june 4 1953 of the bombay industrial tribunal in reference number i.t.a. purshottam tricumdas h. r. gokhale k. r. choudhury and m. rangaswamy for the respondents. number 18 of 1951.
c. setalvadattorney general for indian. c. chatterji b. dadachanji s. n. andley and rameshwar nath of rajinder narain company for the appellant.
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1956_23.txt
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1 Shyam Vithalrao Devkatta, filed a companyplaint being Criminal Case No. 1295 of 2011 and 1296 of 2011 passed by the learned Single Judge of the Bombay High Court refusing to quash the companyplaint and the process issued under Section 63 of the Copyright Act, 1957 hereinafter referred as the Copyright Act read with Sections 406 and 420 of the Indian Penal Code, 1860 hereinafter referred as IPC . 1 came to know about the film sometime on 12.10.2011. These two Criminal Appeals are preferred by the accused against the judgment and order dated 22.3.2012 in Criminal Misc. Upon due verification process was issued by the learned Metropolitan Magistrate against all except the fifth accused. Of these accused, four approached the Bombay High Court by way of filing two criminal misc. A. BOBDE, J. There is numberdecision on the various issues raised by the appellants, hence these appeals. Application No. The respondent No.
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2015_451.txt
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The then Chief Justice rejected his Review Petition. Thereafter, he was promoted by the then Chief Justice as Assistant Registrar. The Registrar submitted his preliminary inquiry report to the then Chief Justice. Government Servants Premature Retirement Rules 1975, the 1st respondent was prematurely retired from service in public interest. After companysidering the report the then Chief Justice suspended the 1st respondent and ordered a departmental inquiry against him by Mr. Justice Chinappa Reddy. In March 1965, with the companycurrence of the Chief Justice of the High Court of Andhra Pradesh which was the successor High Court to the Hyderabad High Court he was appointed as a temporary Deputy Secretary in the Law Department of the Government of Andhra Pradesh. By an order dated February 6, 1968, the State Government replaced his services at the disposal of the Chief Justice. By an order, dated September 26, 1975, of the Acting Chief Justice, purporting to have been passed under Article 229 of the Constitution read with Rule 19 of the Andhra Pradesh High Court Service Rules, R. 3 2 a of Andhra Pradesh Liberalised Pension Rules 1961/Rule 292 of the Hyderabad Civil Service Rules and Rule 2 1 of A.P. Rule 19 of the Andhra Pradesh High Court Service Rules companytains a similar provision. Thereafter on September 19, 1975, a Committee was companystituted under an order of the Chief Justice. In Civil Appeal 2826 of 1977, appellant 1 is the Chief Justice and appellant 2 is the High Court of Andhra Pradesh represented by the Registrar of that Court. 1425 of 1969 questioning the order of the State Government replacing his services with the High Court and assailing the penalty of companypulsory retirement inflicted upon him by the Chief Justice. The first respondent filed a petition before the Andhra Pradesh Administrative Tribunal, challenging the order of his premature retirement made by the State Government. After companysidering the representations made by the 1st Respondent, the Chief Justice by an order, dated January 3, 1969, companypulsorily retired him from service. 58908 of 1976 under Article 226 of the Constitution in the High Court for impugning the order of his companypulsory retirement passed by the Chief Justice, he had served, in accordance with Rule 5 of the Andhra Pradesh High Court Original Side Rules, numberice on the Chief Justice and the Government Pleader, and, in companysequence, at the preliminary hearing of the writ petition before the Division Bench the Government Pleader appeared on behalf of all the respondents including the Chief Justice, and raised a preliminary objection that the writ petition was number maintainable in view of Cl.6 of the Andhra Pradesh Administrative Tribunal Order made by the President under Article 371 D which had taken away that jurisdiction of the High Court and vested the same in the Administrative Tribunal. It companysisted of the Acting Chief Justice and two Judges Madhava Reddy and Ramachandra Raju, JJ. Respondents 2 and 3 are the Government, and the Accountant General, respectively, of Andhra Pradesh. In 1975, A. P. Government Servants Premature Retirement Rules, 1975 came into force. At the time of his companyfirmation, he was serving on deputation, with the companycurrence of the Chief Justice of the Hyderabad High Court, as Junior Law Officer in the Ministry of Law, Government of India. 1425 of 1969 was allowed, the State Government by an order, dated November 10, 1970, reinstated the 1st respondent as Deputy Secretary with effect from February 8, 1968, and once again replaced his services at the disposal of the Chief Justice with effect from April 25, 1968. Under the Rules, which amended Andhra Pradesh Liberalised Pension Rules, 1961 and the Hyderabad Civil Service Rules, employees of the State who have companypleted 25 years of service or companypleted 50 years age can be prematurely retired after 3 months numberice or grant of 3 months pay in lieu of numberice. The 1st respondent, Shri V. V. S. Krishnamurthy, in that appeal was, at the material time, a member of the Andhra Pradesh State Judicial Service. 58908 of 1976 under Article 226 of the Constitution, praying for a writ of certiorari to quash the orders of his premature retirement. The Chief Justice, however, differed with the enquiring Judge, regarding the punishment, and proposed to impose the punishment of companypulsory retirement after issue of a show cause numberice to that effect. The High Court while allowing the writ petition observed that it will be open to the State Government to take action against him in accordance with the Andhra Pradesh Civil Service C. A. The 1st respondent then moved the High Court under Article 226 of the Constitution by a writ petition No. Narasimha Rao State of Andhra Pradesh, , the Supreme Court held the relevant provision of the Act to be unconstitutional in so far as it related to the safeguards envisaged for the Telengana area. He was prematurely retired, in public interest, by an order dated September 29, 1975 of the State Government on the recommendation of the High Court. 5442 of 1970 under Article 226 of the Constitution in the High Court impugning the order, dated November 10, 1970, of the State Government. A preliminary inquiry was companyducted by the then Registrar Shri M. Ramachandra Raju later Judge of High Court of Andhra Pradesh respondent 4 herein. 278 of 1978. The Committee resolved to retire him prematurely, among others, in public interest. This Statement may be quoted in extenso When the State of Andhra Pradesh was formed in 1956, certain safeguards were envisaged for the Telengana area in the matter of development and also in the matter of employment opportunities and educational facilities for the residents of that area. Later, he was promoted as Deputy Registrar. The 1st Respondent, Sri Dikshitulu had attained the age of 50 years on March 12, 1974. Any other companystruction, proceeds the argument, will militate against the exclusiveness of the companytrol vested in the Chief Justice under Article 229, and in the High Court under Article 235 over the High Court staff or the Subordinate Judiciary, as the case may be, and will make such companytrol subject and subservient to the wishes of the Executive Government which, in terms of the Presidential Order companystituting the Administrative Tribunal, is the ultimate authority to companyfirm, vary or annul the orders passed by the Tribunal. Before the Government passed this order, a Committee of Judges appointed by the High Court, companysidered the entire service record of the 1st respondent and records of other Judicial Officers and decided to prematurely retire the first respondent in public interest. Promila Reddy, an Assistant Translator in the State Law Department, alleging misconduct on the part of the 1st Respondent relating to the period during which he was working as Deputy Secretary in the State Government. Promila Reddy. Both these Appeals raise a companymon question with regard to the interpretation, scope and impact of Article 371 D on Articles 226, 229 and 235 of the Constitution. Owing to a variety of causes, the working of the safeguards gave rise to a certain amount of dissatisfaction sometimes in the Telengana area and sometimes in the other areas of the State. stoppage of increments, was number companymunicated to him 1st respondent . On his reversion from deputation he rejoined the establishment of the High Court as Sub Assistant Registrar on February 8, 1968. The 1st respondent then filed another Writ Petition No. 278 of 1978, may be set out. He was companyfirmed in the post of Chief Superintendent on the establishment of that High Court on October 6, 1956. The first respondent, again, moved the High Court on the Judicial Side by a writ petition No. After the dismissal of his writ petition No.5442/70 , the first respondent on reinstatement, joined duty as Sub Assistant Registrar in the High Court. After due inquiry, the enquiring Judge found the 1st respondent guilty of misconduct and recommended his suspension from service for three years. The Committee reviewed the service records of the servants and officers of the High Court who had reached the age of 50 years. Respondent 1, Shri L. V. A. Dikshitulu is a former employee of the High Court whose premature retirmeent is in question. The provisions of clause 1 of Article 371 of the Constitution were intended to give effect to certain features of these safeguards. Rules pertaining to lent officers. The Public Employment Requirement as to Residence Act, 1957, was enacted inter alia to provide for employment opportunities for residents of Telengana area. He attained the age of 50 years on November 24, 1974. After the first respondents writ petition No. But in 1969 in the case, A.V.S. On April 8, 1976, he filed a Review Petition. Respondent 1 was a permanent employee of the former Hyderabad High Court prior to November 1, 1956. The State Government did number take further departmental action on the companyplaint of Smt. But, the High Court dismissed the same by a judgment, dated December 30, 1970. The rejection was companymunicated to him by a latter, dated September 13, 1976. 1979 AIR 193 1979 1 SCR 26 1979 3 SCC 34 With Civil Appeal 278 of 1978 The Judgment was delivered by SARKARIA SARKARIA, J. The High Court set aside the order of reversion of the first respondent from deputation to the High Court staff on the ground that there was a stigma attached thereto. 1536 of 1971 against the order of the High Court in the aforesaid writ petitions are pending in this Court. 2826 of 1977 but also furnish reasons in support of our short order dated August 4, 1978, by which we allowed Civil Appeal No. On that very day, the High Court received a companyplaint petition from one Smt. of the High Court. The first respondents appeals C. A. Now, the relevant facts giving rise to Civil Appeal No. Measures were devised from time to time to resolve the problems. 476 and CA. This judgment will number only dispose of this Appeal C. A.
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1978_404.txt
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1 firm executed two pronotes for sums of Rs. Even otherwise, the pronotes were number binding on them as numberamounts were borrowed for the benefit of the firm and they were number signatories to the said pronotes. 1 firm denying any execution of the pronotes in favour of the appellant and further stating that the pronotes were forged by the appellant with the assistance of his brother in law and the Clerk. 2 executed pronotes as the Managing Partner of D.1 firm so as to bind its partners 3 and 4? Infact, Pynda Ramakumar was a friend and an associate of the appellant. 3 and 4 that the pronotes were fabricated on account of family disputes between the appellant and the respondent No. The appellant introduced one Pynda Ramakumar to the respondents who agreed to advance monies to the respondents on the understanding that the respondents would repay the amount while the appellant would execute pronotes as surety. The appellant accordingly executed certain pronotes whose companysideration was received by the respondents. They also companytended that they were number aware of the alleged borrowing by the respondent number2 for the respondent number 1 firm from the said Pynda Ramakumar or the appellant and in fact, the pronotes in question did number show that the amounts so borrowed were for the business of the respondent number1 firm. 33/1987 in the 1st Court of the Additional Subordinate Judge, Kakinada for recovery of the amounts due under the pronotes of Rs. 3 and 4 also filed separate written statements companytending, inter alia, that they had number signed any pronotes and the scribe of the pronotes in question was the clerk of the appellant and the Attester was his brother in law. Whether the 2nd defendant executed the suit pronotes in the capacity of Manager of the joint family of the defendants 2 to 4 so as to bind the defendants 3 and 4? After execution of such pronotes, when, despite several demands, the respondents did number pay the amounts, a numberice dated 3rd of October, 1986 was issued to them by the appellant stating that the pronotes and khararnama were executed by respondent number 1 in favour of the appellant which may be discharged. This companytinued for some time but when the respondents failed to repay the balance amount due to Pynda Ramakumar, he pressurized the appellant for payment of the balance amount due to him. The appellant would withdraw such amount deposited in the clerks account by encashing the TTs or Drafts which was then paid to Pynda Ramakumar who then got the endorsements signed by the appellant. The appellant made several demands to the respondents for payment of the amounts due to Pynda Ramakumar but when the respondents companyld number pay the amounts, the respondent number 2 as manager of the joint family and also on behalf of the respondent No. 1 firm. On the basis of the pleadings of the parties, the following issues were framed by the trial companyrt for companysideration Whether the two suit pronotes dated 29.08.86 and 29.08.1986 are true, valid and binding on the defendants? The respondents vide letters dated 16th of October, 1986 and 20th of October, 1986 replied to the numberice wherein they did number specifically deny the execution of the pronotes and the Khararnama but referred to the allegations made in such numberice as false and vague. A 21 respectively and a Khararnama in favour of the appellant whereby the respondent No. 2,15,000/ and Rs. 4,72,000/ and Rs. 721/87. 3 and 4 are the sons of respondent number 2 while respondent number 1 is the firm belonging to respondent number. It was further alleged that the appellant bore a grudge against the respondents and was involved in many criminal cases and since he was number looking after his wife and children properly, the respondents had opened an account in the name of Narayanmurthy and were sending monies regularly in that account for the maintenance of the appellants family and therefore, it was alleged that numbermoney was ever borrowed from the said Pynda Ramakumar, whom the respondent number2 did number know, through the appellant for the respondent No. The respondent number. 721/87 and 1872/92 respectively. 2,15,000/ with interest and companyts. 1 agreed to repay amounts with interest at Rs. The respondent No. It was also alleged by the respondent number 2 that the respondent number 1 firm was number carrying on any business and in fact, all its branches were closed and the respondent Nos. 4,72,000/ being Ex. 3 and 4 that there was numberjoint family because the properties of the respondents were partitioned in the year 1980 and, therefore, the respondent number 2 had numberright or authority to borrow debts for the firm on their behalf. The appellant is the son in law of respondent number2. 2 and that they had numbernecessity to borrow any amount from some other person. Whether the plaintiff is entitled to recover the suit amount with subsequent interest and companyts thereon? 2 to 4 whose managing partner is respondent No.2. To what relief? As regards repayment, the respondents were sending monies by drafts or otherwise in the name of one Narayan Murthy, who was the clerk of the appellant, by depositing the same in his account. 33/87 of the 1st Court of the Additional Subordinate Judge, Kakinada, E.G. 2 companytested the suit by filing written statement on his own behalf and also on behalf of the respondent No. Accordingly, all the respondents prayed for dismissal of the suit filed by the appellant. Whether the defendant No. It was further alleged in the written statement filed by the respondent Nos. District, Andhra Pradesh decreeing the suit filed by the appellant in part for a sum of Rs. and Rs. 2 to 4 were partitioned in the year 1980. A 21 was number supported by any companysideration. It was further the case of the respondent Nos. As numbered herein earlier, by the judgment dated 5th of August, 1991, the 1st Court of the Additional Subordinate Judge, Kakinada decreed the suit of the appellant in part for a sum of Rs. A 21, the trial companyrt held that the appellant was number entitled to recover the same because the said pronote was number supported by companysideration and accordingly, the rest of the claim of the appellant was dismissed with proportionate companyts. Feeling aggrieved by the said judgment of the trial companyrt, both the appellant and the respondents filed two appeals before the High Court of Andhra Pradesh at Hyderabad being A.S. NO. In the backdrop of the above mentioned facts, in 1987, the appellant, therefore, filed O.S. A 21 companyld number be believed. 2.50 ps. 721/92 whereby the High Court had affirmed the judgment and decree dated 5th of August, 1991 in OS No. 1.50 ps. TARUN CHATTERJEE,J. The facts leading to the filing of this appeal as emerging from the case made out by the appellant in the plaint are as under. By the impugned judgment of the High Court dated 30th of July, 1999, both these appeals were dismissed. This appeal is directed against the final judgment and order dated 30th of July, 1999 passed by a Division Bench of the High Court of Judicature of Andhra Pradesh at Hyderabad in AS No. The appellant has filed this special leave petition before us against the aforesaid judgment of the High companyrt passed in A.S. No. respectively per annum. A 20 and Ex. No.
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2008_809.txt
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L.P. C Nos.22510 22511 of 2009 are taken on Board. These appeals have been preferred against order passed in Writ Appeal Nos.343/1998, 344/1998 and Writ Petition Nos.7417/2000 and 7418/2000. Heard learned companynsel for the parties. Leave granted.
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2009_1927.txt
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Pursuant to arbitration clause between the parties an arbitrator was appointed and an award of Rs.1,81,315.43 was rendered in favour of the Corporation.
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2009_1545.txt
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Clause 17 of this companytract envisages execution of a bank guarantee by the respondent for due performance of the companytract and reads thus Bank Guarantee. Suppliers liability and on account of their failure to fulfil their obligations will number be restricted up to the value of the bank guarantee to be furnished by supplier. The bank guarantee should be made valid up to 22 7 1985. A certificate of the Corporation that supplier has defaulted in the fulfilment of its obligations shall be sufficient for the purpose of filing claim on the Bank under the guarantee and the same shall be final, companyclusive and binding on the Bank. The bank shall forthwith pay to the Corporation the amount claimed by the Corporation up to the amount guaranteed herein. The supplier shall within three days of the signing of this companytract furnish to the STC a bank guarantee from a scheduled bank for an amount of Rs 11,70,000 Rupees Eleven lakhs Seventy thousand only which is equivalent to 5 value of the companytract as per the pro forma attached hereto as Annexure III for the performance of its obligations under this companytract and the export companytract. On 15 6 1986 the Officer of the STC in terms of the guarantee had issued a certificate that the respondent had companymitted default in the performance of the companytract and called upon the bank to pay the sum of Rs 11,70,000 companytracted under the bank guarantee. The appellant had entered into a companytract with Abu Dhabi Municipality, Abu Dhabi for supply of 7500 MT of B Grade Basmati Rice. In the event of suppliers failure to perform any of its obligations under the back toback companytract and or the export companytract, STC shall without prejudice have the right to claim eventual damages, be entitled to invoke the bank guarantees and forfeit the amount realised thereunder. In case Bank fails to pay the amount claimed by the Corporation within 15 days of the date of demand of the Corporation, then the bank shall also be liable to pay to the Corporation interest 22.75 per annum from the date of Corporation demand up to the date of actual payment and the guarantee amount shall stand enhanced to the extent of the interest thus due and payable by the Bank. In furtherance thereof, the respondent had executed the companytract of guarantee of even date, namely, 20 4 1985 in the following manner That the Bank hereby irrevocably and unconditionally guarantee to the Corporation that in the event of any failure default for whatever reason on the part of M s Jainsons Clothing Corporation in performing all or any of its obligations under the said companytract and or the export companytract and the L C established thereunder and as may be amended from time to time, the Bank shall pay to the Corporation forthwith on Corporations first demand an amount of Rs 11,70,000 Rupees Eleven lakhs Seventy thousand only being approximately 5 of the companytract value of the export. The payment shall be made by the Bank to the Corporation without any demur, protest or companytestation and without any reference to supplier numberwithstanding any dispute s whatsoever pending between the Corporation and the buyer. 1086 of 1985 in the High Court, Delhi for perpetual injunction restraining the appellant from enforcing the bank guarantee. It in turn had entered into an agreement with the respondent on 20 4 1985 for supply of 3000 MT and in case of necessity another 1500 MT at the option of the STC, for shipment, of the B Grade Basmati Rice to foreign buyer M s Abu Dhabi Municipality, Abu Dhabi. 3455 of 1985 was filed for temporary injunction, pending suit. 97 of 1986 by order dated 4 8 1986 issued the injunction as prayed for. By order dated 11 3 1986, the learned Single Judge of the High Court refused to grant injunction under Order 39, Rules 1 and 2, CPC. On appeal, the Division Bench in FAO OS No. IA No. The respondent filed Suit No. Thus, this appeal by special leave.
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1994_572.txt
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It is against this Judgment that the Punjab Wakf Board has companye up in appeal. 6 1 of Wakf Act. On the other hand, it was companytended by the Punjab Wakf Board that the property was under the ownership of the Punjab Wakf Board and was being used as a graveyard for Mohammedans exclusively and was number being used as a graveyard generally for all the members of the companymunity. A mere entry in the cultivation companyumn, in the name of Wakf Board would number bring their property within the ownership of the Wakf Board. This appeal is preferred by the Punjab Wakf Board against the Judgment of the Punjab High Court in R. S. A. The Second Appeal which was filed by the Wakf Board was dismissed by the High Court. On that, numberice was issued to the Punjab Wakf Board and evidence was also led by the parties. The Punjab Wakf Board relied upon the statutory numberification dated 19.9.1970 as being companyclusive that the property was merely a moslem graveyard. On these findings, the learned subordinate Judge held that suit property was number in the ownership of the Wakf Board. Relying on the above said orders of the Tahsildar, Revenue Divisional Officer and the High Courts the suit filed by the Wakf Board was dismissed by the learned Subordinate Judge on 14.2.1975 The First Appeal preferred by the Wakf Board against the said Judgment was however allowed by the High Court and the suit of the Wakf Board was decreed. The above judgment of the learned subordinate judge was affirmed by the District Judge in the appeal filed by the Wakf Board. At the same time, the Punjab Wakf Board has also failed to substantiate its claim over the disputed property and has also number been able to rebut the claim of the Gram Panchayat. It appears that on 21.5.1972, the Director of Land Records, Punjab, wrote to the Revenue Officer companycerned for mutation of the land in the name of the Punjab Wakf Board. The facts of this case in brief are as follows On 19.9.70 the Punjab Wakf Board issued a Notification under sub section 2 of section 5 of the Wakf Act, 1954, treating the property in question as a moslem grave yard. The appeal against this order filed by the Punjab Wakf Board was dismissed by the Collector on 20.7.1987 Thereafter ,the Punjab Wakf Board filed the present suit before the subordinate judges companyrt on 5.10.1990 for a declaration that the plaintiff was the owner in possession of the property as per the Jamabandi for the year 1987 88 with all fights appurtenant thereto. Accordingly, the Patwari of the area mutated the property in the name of the Punjab Wakf Board Thereafter, the matter was taken up by the dram Panchayat Gram Sabha of Hariom Khurd, Tehsil Samrala, District Ludhiyana before the Assistant Collector, Grade I, Samrala, companytending that the property was companymunity property which stood vested in the Gram Panchayat and companyld number have been mutated in the name of the Punjab Wakf Board. The Gram Panchayat filed a written statement companytending that the property was number graveyard exclusively meant for Muslims as it was being used by the village companymunity and that in any event, the suit of the Wakf Board was barred under section 13 of the Punjab Village Common Land Regulations Act, 1961. Relief On issues 2 and 3 , the learned Subordinate Judge came to the companyclusion that merely by way of a Notification by the Wakf Board, the suit property companyld number become the property of the wakf that after the partition of India in 1947 , numberdead bodies were being buried by the Mohammedans in the suit land and it was numberlonger being used as a graveyard. This decision was companyfirmed by the Revenue Divisional Officer, Writ Petition filed by the Wakf was dismissed on 224.70. All the Courts have dismissed the present suit filed by the Punjab Wakf Board on merits as well as on the ground that, by virtue of Section 13 of the Punjab Village Common Lands Regulations Act, 1961 hereinafter referred to as the Act , the present suit was barred from the jurisdiction of the Civil Court. The Wakf Board companytended that the order of the Assistant Collector dated 31.3.1986 and that of the Collector under appeal were illegal and without jurisdiction in as much as the numberification dated 19.9.1970 was number questioned by the Gram Panchayat within one year thereof, as provided in the first proviso to Sec. 4 whether the suit is barred under Section 13 of Punjab Village Common Land Regulation Act ? On the above companytentions, the Assistant Collector held as follows Moreover, the Gram Panchayat has been recorded as the owner in the revenue records and the property in question is also being used for companymon purposes under the Gram Panchayat. The companyrt also held that the suit was barred by section 13 of the Punjab Village Common Land Regulations Act. In the suit filed by the Board on 8.8.67, it was held that numberdecision companytrary to the Notification, companyld be given. This order was passed on 31.3.1986 by the Assistant Collector in favour of the Village Panchayat. It is against the said Judgment in the First Appeal that the Mutawalli and the said sub lessees had companye up in appeal before this Court and it was held that once the Notification was issued declaring the property as Wakf on 30.11.61, the Tahsildar, Revenue Divisional Officer and the High Court companyld number decide anything companytrary to the Notification inasmuch as numbersuit was filed by the Mutawalli within one year of the Notification. Whether the plaintiff is owner in possession over the suit land? Moreover, it was being used for companymon purposes of all companymunities by the Gram Panchayat and was also a site for an annual fair. The decision of Assistant Collector and the Collector was number interfered with. By that Judgment, the Punjab High Court companyfirmed the Judgment of the Additional District Judge, dated 5.10.94, which had affirmed the Judgment of the learned Subordinate Judge, Samrala dated 31.3.1992. Whether the suit has been filed by a. companypetent person? Ist Grade Semrala dated 30.3.87 is illegal null and void and without Jurisdiction? 1712/1995 dated 6.12.1996. 1961, In other words. In these circumstances, the mutation is rejected. 1999 Supp 5 SCR 127 The Judgment of the Court was delivered by JAGANNADHA RAO. v. Mohd. It is against this Judgement that the present appeal has been preferred. On the above pleadings the following issues were framed and evidence was led. Whether the impugned order passed by C.A. J. No.
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1999_862.txt
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The main judgment was delivered in Income Tax Reference No. 937 to 966 of 1971 Bishamber Lal, D. N. Banerjee, Pramod Dayal and M. Iyengar, for the appellant. The question referred to the High Court under section 66 1 of the Income Tax Act, 1922 referred to as the Act was as follows Whether on the facts and in the circumstances of the case the income of the trust which was spent on the religious and charitable purposes within the taxable territories was exempt under section 4 3 i of the Indian Income Tax Act, 1922. 40 of 1965. CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
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1976_72.txt
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On the 21st of November, 1949, the Development Officer returned the cheque asking the appellant to deposit cash as required by the rule. On this representation the cheque was sent for encashment and was dishonoured. If the District Development Officer so desired, he companyld have the cheque cashed. Accordingly, on the 17th of November, 1949, he delivered a cheque dated 16th November for Rs. The charge against the appellant is that in giving the cheque on 17 11 1949, and in re presenting it on the 22nd of November, 1949, when there was admittedly only a sum of Rs. At that time the appellant was number in station and his brother, one Sobhraj, went, 011 the 22nd November, to the Development Officer and staled as follows Laxmi Narain has gone out. Now assuming for the purpose of the present appeal that Sobhraj was actuated by dishonest intention in making those representations, the question is whether the appellant companyld be fixed with responsibility for those representations and whether dishonest intention companyld be imputed to him. In response to a numberice dated 4th November, 1949, the District Development Officer, Etawah, inviting tenders for the supply of bricks in companynection with a Flood Relief Housing Scheme, the appellant made a tender which was accepted and he was required to deposit in accordance with the rules, a sum of Rs. 4,000/ drawn on the Punjab National Bank Ltd., Kanpur, while in fact there was only a sum of Rs. 4,000/ by way of security. The cheque presented by the appellant, therefore, companyld number have been accepted by the authorities acting under that rule. When the letter dated 21st November was received, he number having been there, his brother Sobhraj, who it, is stated was also interested in the business, took it into his head to see P. W. 2 on the 22nd and make the representation which has already been mentioned. P 2, which prescribes the procedure to be adopted in the matter of acceptance of tenders, the deposit should be in cash or postal securities. 5 to his credit in the Bank, he had cheated the authorities and had companymitted an offence punishable under Section 420, Indian Penal Code. The Additional District Magistrate, Kanpur, who tried the case, held that the offence had been made out and companyvicted the appellant and sentenced him to one years rigorous imprisonment and a fine of Rs. appeal to the Court of the Sessions Judge, Kanpur, who affirmed the companyviction and the sentence passed by the Additional District Magistrate. There was a revision preferred to the High Court against the order of the Sessions Judge, and that was heard by Sankar Saran J. who observed that, on the facts, the appellant was number a cheat as cheating is generally understood in companymon parlance and that he was a victim of circumstances, but held that technically the offence had been established and he accordingly companyfirmed the companyviction. Venkatarama Ayyar, J. 5/ to his credit on that date. He however reduced the term of imprisonment to the period already undergone, but companyfirmed the fine. This is an appeal by special leave against the judgment of the High Court of Allahabad companyfirming the companyviction of the appellant by the two companyrts below on a charge under Section 420, Indian Penal Code. 1,000/ . The appellant took the matter in. On that day the appellant was number in station. It must be numbered that according to Clause 11 of Ex. On his return the money will be deposited. It is against this order that the present appeal has been filed by special leave.
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1955_96.txt
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Respondent was served with summons issued by the trial Court on 10.11.2003 and the written statement was filed on 10.7.2004. By order dated 12.8.2004 learned Subordinate Judge accepted the written statement which had been filed and rejected the prayer of the appellant to reject the written statement filed. According to the learned companynsel for the appellant, the written statement should number have been entertained as it was filed beyond 30 days which is the numbermal period and even beyond 90 days which is the maximum period. 377 OF 2005 ARIJIT PASAYAT, J. Arising out of SLP C No. Order passed by a learned Single Judge of the Patna High Court is the subject matter of challenge in this appeal. Leave granted.
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2005_340.txt
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As there was numberinducement or assurance, the question of any promissory estoppel did number arise. In support of the appeals the primary stands raised by the appellants are The doctrines of promissory estoppel and legitimate expectation were applicable to the facts of the case. So far as legitimate expectation aspect is companycerned, it is too well known that the benefit extended can be withdrawn and with this knowledge if the units are set up, the principle of legitimate expectation does number apply. Estoppel is a rule of equity which has gained new dismensions in recent years. The doctrine of promissory estoppel has assumed importance in recent years though it was dimly numbericed in some of the earlier cases. 989 of 1.9.1988 operative retrospectively from 1.4.1988. The Order granting subsidy can be withdrawn in public interest. The respondents have established their units prior to the Government orders granting the subsidy and they have numbervested right to claim exemption. The grant of subsidy is a companycession and the Government has got good reasons for modifying the scheme in public interest. A new class of estoppel has companye to be recognized by the companyrts in this companyntry as well as in England. Initially the writ petitions were filed before the High Court, but after companystitution of the Tamil Nadu Taxation Special Tribunal hereinafter referred to as the Tribunal the writ petitions were transferred to the Tribunal which held that on application of the principles of promissory estoppel and legitimate expectation, the withdrawal of benefit was number sustainable in law. No inducement was made in the Government orders to establish the units. The Government has exercised their right to modify the scheme in the interest of public revenue. The respondents have number acted on the basis of the Government Orders for establishing the units. No prejudice is caused to the respondents since the scheme was interested to make the units viable and the modified scheme provides for safeguards to that extent. The appellants question companyrectness of the judgment rendered by a Division Bench of the Madras High Court which held that the withdrawal of benefits extended to the appellants as subsidy was in order. In any event, the retrospective withdrawal of the benefit on the basis of an executive decision is impermissible. 989 dated 1.9.1988 directing discontinuance of purchase tax exemption in case of mills which exceeded the ceiling of Rs. The appellants questioned legality or the G.O.Ms No. letter to be valid, reversing the companyclusions arrived at by the Tribunal. With reference to the files produced, certain factual companyclusions were arrived at, the companyrectness of those form the companye challenge in these appeals. The Governments letter dated 28.12.1988 refers to some decision, but in the absence of any authentication as required under Article 166 of the Constitution of India, 1950 in short the Constitution the same is ineffective. 300 lakhs during the period of five years, and Government letter dated 28.12.1988 which made the aforesaid G.O. The State questioned companyrectness of the judgment before the High Court which, as numbered above, held the G.O.Ms, and the Govt. The materials which were produced before the High Court and on the basis of which it is decided that the decision of the Government is in order were number even pleaded in the pleadings and during arguments. In other words, there was clear violation of the principles of natural justice. The companytents of the files which were produced before the High Court and on which reliance was placed to hold against the appellants are number known to the appellants. The High Court recorded the following findings on the factual aspects. The High Court erroneously came to hold that the State Government had number filed any companynter. The appellants were taken by surprise by production of materials which were number even disclosed to the appellants. These two appeals involve identical questions and, therefore, are disposed of by this companymon judgment after numbericing the factual position, so far as they are relevant. The stand taken by the present appellants before the Tribunal and the High Court was rejected. 2004 Supp 6 SCR 264 The Judgment of the Court was delivered by ARIJIT PASAYAT, J. The judgment forms subject matter of challenge in these appeals. Ms. No.
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2004_678.txt
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Leave granted.
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2011_618.txt
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Shri Prem Kumar and Shri S.P. Shri K.S. Immediately thereafter, Ravi Subramaniam of his own volunteered and made a statement that Shri K.S. 3 and the third by P. Subramaniam Ravi Subramaniam, companyaccused, who has been granted pardon and has turned approver in the case. Chitra at his house and had threatened her that he Ravi Subramaniam should number give any statement against the petitioner. The petitioner has engaged Shri K.S. However, the allegation that the aforesaid statement was made at the prompting of Shri Prem Kumar and thereafter whispering by inspecter Srinivasan to Ravi Subramaniam is denied. The allegation made against him by Ravi Subramaniam at the instance of Shri Prem Kumar and on the whispering made to him by inspector Srinivasan are false, frivolous and vexatious, apart from being motivated and he had never met the wife of Ravi Subramaniam at any time. against Shri Murli Manohar Joshi, Shri Karunanidhi, Shri H. Raja and Shri Gurumurthi for having made statements against the functioning of the Government of Tamil Nadu intending to harm the reputation of the Chief Minister of the State. 5, P. Subramaniam Ravi Subramaniam, who has been granted pardon and has turned approver, the remaining companyaccused, namely, respondent Nos. Shri Gurumurthi filed writ petition No. He also declined to record the aforesaid statement made by Ravi Subramaniam wherein he had said that Shri S. Dinakaran had gone to his house and had threatened his wife. We have heard Shri F.S. on 31.12.2004 before the Chief Judicial Magistrate, Chenglepet, Ravi Subramaniam had stated that his relations with his wife were strained for over ten years. On the said day, while his cross examination was going on, on the instructions of Shri Prem Kumar, Superintendent of Police and Head of SIT one police inspector by the name of Srinivasan, who is part of the SIT and is said to have been instrumental in effecting the arrest of the approver Ravi Subramaniam, whispered something to him. against Shri Murli Manohar Joshi, former Union Minister for Human Resources Development, Shri Karunanidhi President, DMK and former Chief Minister of Tamil Nadu , Shri H. Raja, MLA and Shri Gurumurthi, a journalist for their prosecution under Section 500 IPC. The respondents arrayed in the Transfer Petition are 1 State of Tamil Nadu, 2 Director General of Police, Tamil Nadu, 3 Shri Prem Kumar, Superintendent of Police, Head of the Special Investigation Team SIT , 4 Shri S.P. Shri A. Shanmugam, advocate, apprehending that the FIR lodged by Smt. The examination in chief of Ravi Subramaniam companymenced on 7.4.2005 which companyld number be companypleted on that day and the case was adjourned to 8.4.2005 and thereafter to 11.4.2005. This companyduct of Shri Prem Kumar and inspector Srinivasan of prompting the witness to make a statement against the senior companynsel Shri Dinakaran was strongly objected to by the defence lawyers and they expressed their anguish in the manner in which the police was going out of its way in making insinuations and securing statement of witnesses against the defence lawyers. Shri Shanmugam has filed an affidavit in this Court on 27.4.2005, which was sworn on 18.4.2005. According to the case of the prosecution, the petitioner had entered into a companyspiracy with some other companyaccused for getting Sankararaman murdered. Besides him Shri A. Shanmugam, who has a standing of 27 years at the Bar and some other lawyers are also appearing for him. Nariman, learned senior companynsel for the petitioner, Shri Ashok Desai, learned senior companynsel, who has appeared for respondent No. Dinakaran, senior companynsel who is appearing for the petitioner, had met his wife Smt. The learned Magistrate fixed 4.4.2005 for disposal of the application moved on behalf of the accused and after one more adjournment it was taken up on 7.4.2005 when the learned Magistrate held that the accused were entitled to cross examine Ravi Subramaniam. In reply to the Transfer Petition three sets of companynter affidavits have been filed, one on behalf of the State of Tamil Nadu and its Director General of Police, second by Shri Prem Kumar, Head of SIT, who has been impleaded as respondent No. Shri Nariman has also submitted that an amount of Rs.5.00 lakhs was paid by way of solatium by the Chief Minister to Padma Sankararaman, widow of Sankararaman deceased in the Secretariat building on 24.11.2005, which event was widely companyered in the media. An application was then moved on behalf of the petitioner praying for permission to cross examine Ravi Subramaniam in case his statement was recorded and for this purpose some time was sought in order to go through all the documents companytained in the charge sheet. Sakthivel, Chief Investigating Officer, SIT, besides respondent Nos. 127 of 2005 from the local police to CBI. Sakthivel, Head and Chief Investigating Officer of SIT respondent Nos. I, Kanchipuram being PRC No. Dinakaran, in his letter dated 23.9.2005 sent to Shri Krishna Kumar, Advocate on Record for the petitioner in the Supreme Court companyy of which has been placed on record , has mentioned that the said incident did take place in the companyrt of learned Judicial Magistrate on 11.4.2005 and the affidavit filed by Shri A. Shanmugam, Advocate, wherein the aforesaid incident had been narrated, is companyrect. 197 of 2005 pending before the Principal Sessions Court, Chenglepet, to any other State, out side the State of Tamil Nadu. 127 of 2005 registered against them from the local police to the CBI. According to the custom and tradition of the Mutt, he would succeed the petitioner. It is averred therein that the companyy of the charge sheet, which is a long document and runs into 1873 pages, was given to the accused on 31.3.2005 and on the same day the prosecution sought to examine Ravi Subramaniam approver before the Court of Judicial Magistrate, who had taken companynizance of the offence and was holding companymittal proceedings. An FIR was lodged at 7.00 p.m. on 3.9.2004 at Police Station B 2, Vishnu Kanchi by Shri N.S. The petitioner was arrested on 11.11.2004 from Mehboobnagar in Andhra Pradesh. The petitioner had already been arrested earlier on 11.11.2004. Just five days thereafter Padma Sankararaman identified respondent Nos. 6 , who is the junior Sankaracharya, was arrested. Shri Nariman, learned senior companynsel for the petitioner has also submitted that number only the State machinery is being used to cause harassment to the accused in the murder case in every possible manner but even those, who have written any kind of article or have given any press statement or interview criticizing the action of the State in arresting and involving the petitioner Jayendra Saraswathi in the murder case of Sankararaman, have number been spared and criminal cases have been lodged against them. 19146 of 2005 and 19147 of 2005 praying that a writ of mandamus be issued directing the transfer of investigation of case Crime No. vi The Mutt and other associated and companynected trusts have 183 accounts in banks, which were all frozen by the SIT resulting in paralyzing the religious and other activities of the Mutt and other companynected bodies. 6407 of 2005 A. Shanmugham vs. State of Tamil Nadu and others in the High Court of Madras praying for a writ of mandamus for transferring the investigation of case Crime No. After companypletion of investigation the police submitted a charge sheet against all the 24 accused in the Court of Judicial Magistrate, Kanchipuram on 21.1.2005, which was registered as Preliminary Registered Case PRC No. 3 of 2005. On the objection being taken by the defence lawyers the learned Judicial Magistrate, who had witnessed the entire incident, asked the inspector Srinivasan to leave the companyrt. 6990 of 2005 is closed. This petition has been filed by Jayendra Saraswathy Swamigal, Sankaracharya of Kanchi Kamakoti Peetam under Section 406 Cr. The investigating agency has companye out with a case that the petitioner had entered into a companyspiracy with some other companyaccused in getting Shankararaman murdered. It is numbericed in the judgment that the Manager of the Mutt was called at least 15 times for interrogation and was arrested on 24.12.2004 and the junior Shankaracharya was also arrested on 11.1.2005. The two lady lawyers, namely, Revathy Vasudevan and Nadhira Banu also filed similar writ petitions being Writ Petition Nos. 5 to 28, who are companyaccused in the case. viii Shri Prem Kumar, who is heading the Special Investigating Team, is number a fair and upright officer and superior companyrts have passed strictures against him several times in the past for his uncalled for actions in going out of the way to implicate innocent persons in criminal cases. P.C. The Chief Minister who is also holding the Home Portfolio made the statement on 17.11.2004 and also gave a Press statement on 1.12.2004. After retirement he is working as Manager of the Mutt and is aged about 67 years. It is also denied that the learned Magistrate asked Srinivasan to leave the companyrt. The local police, however, acted with companysiderable speed and submitted a charge sheet on 17.6.2005 against both the lady lawyers under Sections 451, 214 IPC read with Sections 109, 201, 506 2 IPC and a case was registered on the file of Judicial Magistrate No. Dinakaran, who is 67 years of age and is a very senior companynsel having put in 43 years of practice. The motive for the companymission of the crime is said to be various companyplaints alleged to have been made by the deceased levelling serious allegations, both against the personal character of the petitioner and also his style of functioning as Shankaracharya of the Mutt. Thereafter, the petitioner filed Special Leave Petition Crl. It was stated therein that at about 5.45 p.m. on 3.9.2004 while he was in the office of Devarajaswamy Devasthanam, two persons armed with aruval came there and caused multiple injuries to Sankararaman, In charge Administrative Manager, who was sitting on a chair. Chitra was manipulated by the State machinery and he may be falsely implicated in the aforesaid case and may be arrested, then filed Writ Petition No. The writ petition was disposed of on 15.3.2005 by the following order The learned Public Prosecutor states that numberproceedings are companytemplated against the writ petitioner Mr. A. Shanmugham. The very next day, i.e., on 11.1.2005 Vijayendra Saraswati Swamigal respondent No. However, the prayer made on behalf of the accused to furnish companyy of the video and audio cassettes, which are mentioned in the charge sheet, was rejected. The writ petitions were disposed of on 24.6.2005 and paragraphs 1, 5, 6 and 7 of the order passed by the High Court are being reproduced below Petitioners herein are practicing Women Lawyers at Kancheepuram and both of them are in the panel of Taluk Legal Services Committee, Kancheepuram. After the case was registered, necessary investigation followed and several persons were arrested. vii Criminal cases have been lodged against some leading journalists of the companyntry and other prominent personalities, who had written articles criticizing the arrest of the petitioner, which number only violates right of free speech but also creates an atmosphere of threat against anyone daring to speak or write in favour of the accused and thus the accused seriously apprehend that they would number get a fair trial in the State of Tamil Nadu. 8 between 13th to 25th January, 2005, while they had still number been granted bail in the present murder case. Consequently, the companynected W.P.M.P. A detailed rejoinder affidavit has been filed by the petitioner and some other affidavits have also been filed to which we will make reference at the appropriate stage. The companytention raised on the basis of the statements made by the Chief Minister on the floor of the House does number impress us. Therefore, numberhing further survives in the writ petition. He filed a bail petition before the High Court of Madras, which was rejected on 20.11.2004 and the second petition was rejected on 8.12.2004. seeking transfer of Sessions Case No. 6 to 28 are supporting the prayer for transfer of the case and some of them have filed affidavits in that regard. The writ petition is disposed of accordingly. of 2005 in Madras High Court and the same was allowed on 5.5.2005 and all the detention orders were quashed. 6192 of 2004, which was allowed by this Court on 10.1.2005 and he was granted bail. On 19.2.2005 Smt. The detention order was challenged by these accused by filing Habeas Corpus petition No. N. Sundaresan is a Gold Medalist of B.Com. P. Mathur,J. The High Court after examining the matter in companysiderable detail allowed the writ petition by the judgment and order dated 11.2.2005. Ganesan. Raghu respondent No. 12 and 13 in a test identification parade as they are alleged to have gone to her house enquiring about the deceased. Four persons were waiting outside and the assailants escaped on their motorcycles. and retired as Class I Officer in the Reserve Bank of India. 7 and M.K. Except for respondent No. 79 etc. No.
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2005_459.txt
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The dispute plainly was whether the grant made in favour of the Archaka was meant to be companyferred on him personally or on the temple through the Archaka. Further bout fought by the temple respondent before the Letters Patent Bench of the High Court bore results inasmuch as the Bench, on fresh reconciliation of those two documents, bearing in mind the other surrounding circumstances, came to the view that the grant was intended to be in favour of the temple and number to the Archaka personally. A Letters Patent Appeal, as permitted under the Letters Patent, is numbermally an intra court appeal whereunder the Letters Patent Bench, sitting as a Court of Correction. The trial companyrt, as also the learned Single Judge held that the grant was personal to the Archaka and thus the alienations made by him thereafter were in order. companyrects its own orders in exercise of the same jurisdiction as was vested in the Single Bench. He made an attempt to gather the predominant intention of the companycerned authorities while preparing those documents, by looking at both of them integrally. Reading them together, the learned Single Judge aimed to reconcile the entries instead of holding them as inconsistent. A learned Single Judge of the High Court, in appeal, in re appraising the evidence adduced, prominently paid attention to two documents companytaining certain recitals, which partly supported the case of the plaintiff temple respondent and partly that of the defendants appellants. The result thereof was that the decision of the trial companyrt dismissing the suit was upheld by the learned Single Judge. Title to 29 acres of agricultural land, its possession and recovery of mense profits, was sought by the respondent temple from the appellants. The trial companyrt dismissed the suit. Against the orders of the trial companyrt, first appeal lay before the High Court, both on facts as well as law. Such is number an appeal against an order of a subordinate Court.
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1996_240.txt
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Kotwali Moradabad from the side of the Kacha Bagh attacked Hindus, resorted to brick batting and have thrown bottles on them which caused hurt to Hindus. Kotwali along with other force challenged you with a view to preventing you from acting in such manner you and your companypanions resorted to brick batting on police and under great police pressure you dispersed. The petitioner made a representation dated August 8, 1981, through the Superintendent, Central Jail, Moradabad. The grounds of detention are as follows That on 13.8.1980 at about 1.30 PM you along with your other 700 800 Musalman companypanion rioters armed with bricks, lathis, iron rods, sabbal, bottles, etc.,
under the impulse of companymunal feelings at Bazar Ganj Neem Ki Piyao within the territorial limits of P.S. The order of detention is based on two grounds, the first of which relates to an incident of August 13, 1980, relating to the companymunal riots that occurred in Moradabad City, and the second of July 24, 1981, when the petitioner is alleged to have incited Muslims to companymunal violence. The District Magistrate forwarded the representation together with his companyments to the Home Secretary on August 13, 1981. It was actually handed over to the Superintendent, Central Jail, on August 10, 1981, and he, on the same day, sent it to the District Magistrate. By this petition under Article 32 of the Constitution, the petitioner Fitrat Raza Khan challenges the validity of his detention by the order of the District Magistrate, Moradabad, under Sub section 2 of Section 3 of the National Security Act, 1980 for short the Act , on his being satisfied that the detention of the petitioner was necessary with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. of P.S. It companyld number be attended to on August 15, which was the Independence Day, and on the 16th, being a Sunday. The representation was scrutinised in the Secretariat for three days between the 17th and the 19th, and the numberings on the file were made. When Shri Jagdish Singh S.H.O. P. Sen, J.
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1981_328.txt
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The slum dwellers residing on both municipal plots and private plots formed a society in the name of respondent No.10 and requested respondent No.8 to implement the slum scheme. The petitioners herein are residents in the slums on private plots owned by respondent No.8. BMC plots and private plots, the officers of SRA prepared a report and on taking the companysent of the slum dwellers of both BMC plots and private plots, came to the companyclusion that the companysent was given by 81.32 of the slum dwellers of all the plots taken together for which one companymon scheme was submitted. Out of the above plots, plot Nos.106, 107 and 108 are the plots in question which were earlier owned by respondent No.8 and were subsequently declared as slums. In the meantime, the petitioners who are residents in the slums on the private plots, were number shifting to the transit tenements. The companypetent authority declared the above private plots as well as Mumbai Municipal Corporation plots to be slum areas under section 4 1 of the Maharashtra Slum Areas Improvement, Clearance and Redevelopment Act, 1971 for short Slum Act by a numberification dated 29 January 2003. Thereupon, on 13 January 2004, the respondent Municipal Corporation issued Annexure II for the BMC Plots certifying that out of 367 slum dwellers, 251 were eligible and all of them have given their companysent which represented 100 of the eligible slum dwellers. It was also pointed out that Chief Executive Officer of SRA approved the slum development scheme companyering the slum over municipal plots as well as private plots on 26.03.2006 resulting into issuance of letter of intent on 29.06.2006 and first intimation of approval planning permission on 14.02.2007. He made it clear that this appeal relates number to the municipal plots but only to private plots which are owned privately bearing plot number.106, 107 and 108. Thereafter only 6 persons preferred an appeal before the Maharashtra Slum Areas Tribunal with a prayer to quash the numberification dated 13th February 2003 companytaining declaration of slums in respect of municipal plots. It is the appellants case that a total of 124 families occupied dwellings in the slums existing over said plots. The main two companytentions of Mr. Parikh that there is numbervalid Annexure II for the private plots and there was numbervalid companysent of 70 of slum dwellers because the companysent was number companynted separately for residents of private plots have been addressed and replied at length. On 14 February 2007, SRA approved the building plans for companyposite development of the Municipal plots as well as private plots. The remaining plots, i.e., plot number109 pt , 110 pt , 111 pt and 112 pt are the companycerned municipal plots which are subject matter of the other civil appeal. On 29 June 2006, SRA approved the Slum Rehabilitation Scheme and issued a Letter of Intent in favour of respondent Nos.8 and 10. He referred to various documents to point out that the companycerned plots of Municipal Corporation were censused slum companyony as per municipal records and hence they were companyered under the definition of slum recognized under Regulation 33 10 which is part of Development Control Regulations for Greater Mumbai, 1991 DCR . On 9 September 2009, SRA issued a revised Letter of Intent with a companydition that respondent Nos.8 and 10 shall rehabilitate all eligible slum dwellers as held by the companypetent authority Municipal Corporation. Respondent No.8 is owner cum developer and respondent No.10 being their developer as per their own proposal to the Slum Rehabilitation Authority for short SRA . The other lands are of the Municipal Corporation of Greater Mumbai. On 30 June 2004, the companypetent authority decided the eligibility of the slum dwellers of the private plots and held that out of the occupants of 124 structures, occupants of 76 structures were eligible and that out of those, only 19 had given companysent which amounted to 25. His stand is that the numberification dated 13.02.2003, numberdoubt companytained a declaration of slum area under Section 3 of the 1971 Act even in respect of plots of Municipal Corporation but that will number make any difference. The Deputy Collector, Kurla issued show cause numberices to the petitioners and after hearing them, passed the impugned order dated 25 May 2009 under sections 33 and 38 of the Slum Act requiring the petitioners to vacate the slums. Condition No.23 of the Letter of Intent provides that individual agreements of at least 70 of the eligible slum dwellers shall be submitted prior to the Commencement Certificate. A Letter of Intent was issued for the whole plot on 29 April 2006. With respect to petitioner number1, the companyrt numbericed that his name was included in Annexure II of the SRA scheme and he had accepted an amount of Rs.60,000/ as rent in lieu of temporary transit accommodation and hence the High Court held that petitioner number1 was estopped from challenging the numberification declaring Municipal Corporation plot as slum area. Since there was one proposal submitted by respondent Nos.8 and 10 for both the plots i.e. In the appeal, the petitioners challenged the sanction of a scheme by the Slum Rehabilitation Authority on lands bearing CTS No.106, 106/1 to 5, 107/1 to 9, 108 pt , 111 pt , 111/1 to 77, 80 to 132 112 pt of village Kurla, Hutatma Prabhakar Keluskar Marg Match Factory Lane , Kurla West , Mumbai. The High Court numbericed that out of 6 petitioners only petitioner number1 was an occupant of structure over the Municipal Corporation land whereas petitioner number.2 to 4 resided on private lands and being number companycerned with the municipal plots companyld number maintain the writ petition. This appeal bearing number22 of 2009 suffered from delay of 6 years which was number companydoned by the Tribunal but while dismissing the same on 11.08.2009, the Tribunal numbered the lacuna in the case of appellants that they had failed to support even their claim that they were residents of the municipal plots or that there did number exist any slum over the area and how they were affected by the declaration when the owner of the land, the Municipal Corporation, had numberobjection to such declaration with respect to its own land. of Maharashtra dismissing Appeal No.62 of 2010 preferred by the appellants to challenge the sanction of a scheme by the Slum Rehabilitation Authority of lands bearing CTS No.106, 106/1 to 5, 107/1 to 9, 108 Part , 111 Part , 111/1 to 77, 80 to 132 and 112 Part of Village Kurla, Hutatma Prabhakar Keluskar Marg Match Factory Lane , Kurla West , Mumbai and also the orders for their eviction from the private lands. No reply to the grounds mentioned by the High Court for dismissing the writ petition has been offered on behalf of the appellants in C.A.No.9147 of 2011 and as numbered earlier, Mr. Parikh has companyfined his submissions and arguments only against SRA scheme for the private plots which is subject matter of C.A.No.9363 of 2011. The petitioners, accordingly, filed appeal No.62 of 2010 before the High Powered Committee on 15 March 2010. After the hearing companycluded on 17 April 2010, by an order dated 17 April 2010, the High Powered Committee dismissed the appeal. For the sake of brevity facts have been taken from C.A.No.9363 of 2011. The High Powered Committee issued numberice to the respondents and respondent Nos.8 and 10 filed their reply. The petitioners as well as respondent Nos.8 and 10 filed their written statement. On behalf of the appellants, only C.A.No.9363 of 2011 was argued at length by learned advocate Mr. Sanjay Parikh. In respect of Annexure II, Mr. Divan has placed reliance upon Annexure P 6 to C.A.No.9363 of 2011 and some other materials from the same very record. L No.1915 of 2010 and dated 10.08.2010 in P.No.316 of 2010 respectively whereby the writ petitions preferred by the appellants were dismissed. The writ petition bearing No.316 of 2010 preferred against the order of the Tribunal was dismissed by order dated 10.8.2010, under appeal in Civil Appeal No.9147 of 2011. Divisional Commissioner, Konkan Division, Mumbai who dismissed the appeal on 13 August 2009 after hearing the petitioners. The petitioners thereafter filed a writ petition before this companyrt and the petitioners were relegated the alternative remedy for filing an appeal before the Committee. Hence the present writ petition which came to be filed on 17 August 2010. The relevant facts and relief sought by the appellants can very usefully be culled out from paragraphs 1, 2 and 3 of the judgment under appeal What is challenged in this writ petition under Article 226 of the Constitution of India is the order dated 17 April 2010 of the High Powered Committee of the Government of Maharashtra, dismissing Appeal No.62 of 2010 of the present petitioners. Aggrieved by the said order, the petitioners filed an appeal before the Appellate Authority viz. The High Court negatived all the five companytentions advanced on behalf of the appellants and upheld the order dated 17.04.2010 passed by the High Powered Committee of the Govt. SHIVA KIRTI SINGH, J. He pointed out that in the synopsis, against the date 05.03.2004 the appellants have averred in following words Dy. These civil appeals are directed against judgment of Bombay High Court dated 31.08.2010 in W.P.
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2015_211.txt
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A companymon question of law in both these appeals is if the Board, i.e., Board of Trustees of Visakhapatnam Port Trust is exempt from taxation under Article 285 of the Constitution from levy of property tax by the Visakhapatnam Municipal Corporation, companystituted under Visakhapatnam Municipal Corporation Act, 1979 Civil Appeal No. 1810 of 1988 and also from levy of number agricultural land tax by the Visakhapatnam Mandal under the Non Agricultural Lands Assessment Act, 1968. P. Wadhwa, J.
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1999_471.txt
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The name of respondent was sponsored by the employment exchange. His two sons, namely, Kazimuddin Ahmed and Karamat Ali were given employment by the appellant respectively in the years 1981 and 1982. In the year 1986, the appellant companypany require some grade IV staff for which purpose a numberification was sent to the employment exchange. On 8th September, 1987, the respondent was offered an appointment on the post of Material Handling Personnel MHP . Therein it was mentioned that on 17 unreserved posts preference will be given to the candidates whose land was acquired for the appellant companypany.
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2001_961.txt
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That obstructionist numberice was made absolute by the Small Causes Court but the High Court has taken the view that such a proceeding would number lie in the Court of Small Causes. The appellant had filed a suit for eviction of the licencee in the Court of Small Causes in Mumbai. After obtaining a decree when the appellant went for execution of the decree, respondent Nos.1 and 2, who were found in possession of the suit premises, caused obstruction, and therefore an obstructionist numberice was taken out. Heard Mr. Jadhav, learned companynsel in support of this appeal and Mr. Navare, learned companynsel appearing for the respondents.
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2013_576.txt
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By s. 4 of that Act there was added to the State of Mysore the territory which immediately before the appointed was companyprised in the Taluks of Bellary district other than Alur, Adoni and Rayadrug in the State of Mysore and the said territories thereupon ceased to form part of the State of Madras. 226 of the Constitution challenging the demand of a cess levied in exercise of the powers companyferred by s. 11 1 of the Madras Commercial Crops Market Act 1933 hereinafter called the Act the provisions of which were applicable to the Bellary district of the State of Mysore. The respondents were served a numberice by the Secretary of the Bellary Market Committee established under the Act to pay the cess on groundnut seeds bought or sold in the numberified area of the Committee. 226 of the Constitution challenging the validity of the levy of cess. By virtue of s. 53 of the Central Act 30 of 1953 all laws which were in force immediately before the appointed day in the territories which became a part of the State of Mysore were to companytinue to be in force until otherwise provided by the legislature of that State. By the Andhra State Act 1953 Central Act 30 of 1953 a part A State to be known as Andhra came into existence. The High Court quashed the demand on the ground that what was being really demanded was the payment of sales tax and since the maximum rate of sales tax authorised by s. 15 of the Central Sales Tax Act 1956 read with s. 5 4 of the Mysore Sales Tax Act 1957 had already been imposed the Market Committee companyld number make any further or additional levy. 1827 to 1830 of 1968. 1967 of 1966, and 1968, 1969 and 2388 of 1966. For the purpose of determination of the points which have been raised it is necessary to set out the background and the history of legislation insofar as it is relevant companycerning Bellary district. Shyamlad Pappu, M. S. Ganesh and S. P. Nayar, for the appellants in all the appeals . These appeals by certificate arise from a judge ment of the Mysore High Court delivered in certain petitions filed under Art. As the respondents failed to companyply with the demand companyplaints were filed against them for companytravention of s. 1 1 1 of the Act and of certain rules and bye laws framed thereunder. Appeals from the judgments and orders dated August 22, 23, 1967, and August 23, 1967 of the Mysore High Court in writ petitions Nos. A direction was also made for refund of the cess companylected during a period of three years preceding the date of the presentation of the writ petition. V. Gupte and A. V. Rangam, for respondent number 1 in all the appeals. The respondents filed petitions under Art. The Judgment of the Court was delivered by Grover, J. CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
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1971_636.txt
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Leave granted.
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1994_15.txt
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