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Special leave granted.
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1987_102.txt
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The respondent No.1 surrendered before the Chief Metropolitan Magistrate, Calcutta, on 17.1.2000, and was released on bail. Charge sheet was filed on 16.1.2003, on the basis whereof the Special Court assumed jurisdiction under the Special Courts Act, 1949, against the respondent No.1 treating him to be a public servant and framed charges against him under Section 420/468/471 and 511 IPC. Aggrieved by the order of the Special Judge 4th Court, Calcutta, taking companynizance on the basis of the charge sheet filed, the respondent No.1 moved the High Court in revision CRR No.1931 of 2003 alleging that the companynizance taken was illegal since numbersanction had been obtained by the investigating agency to file a charge sheet against him. The High Court disposed of the revision petition granting liberty to the trial Judge to proceed with the matter while the respondent No.1 was given liberty to adjudicate the points which had been taken by him in the revision application before the learned trial Judge. lodged by Shri Nikhil Kumar Roy investigation was started under Section 468, 471, 420 and 511 of the Indian Penal Code, hereinafter referred to as IPC , by the Hare Street Police Station. Such application was made by the petitioner on 10.9.2003, but the same was rejected by the learned trial Judge which impelled the respondent No. The said Writ Petition, being No.1311 of 1999, was disposed of by a Division Bench of the Calcutta High Court on 23.6.1999, holding that the writ petitioner companyld have lodged a First Information Report or filed a companyplaint petition before the companycerned Magistrate. ALTAMAS KABIR,J. Thereafter, on the basis of the F.I.R. It is against the said order of the High Court that the instant appeal has been filed by the State of West Bengal. Leave granted.
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2008_1361.txt
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He identified MO 1 as the weapon of offence and MOs. The prosecution case in a nutshell is as follows At about 8.30 p.m. on 4.4.1993 the accused indiscriminately cut the victim Alagarsamy hereinafter referred to as deceased resulting in his instantaneous death. Threatening them with dire companysequences, the accused made good his escape. Challenge in this appeal is to the judgment of the Division Bench of the Madras High Court upholding companyviction of the appellant under Section 302 of the Indian Penal Code, 1860 in short the IPC , as was awarded by learned Sessions Judge, Kamarajar, District at Srivilliputtur in Sessions case number99 of 1994. PWs 1 and 2 were examined as eye witnesses to the occurrence. PW 1 went to the police station and gave the companyplaint namely Ex. Dr. ARIJIT PASAYAT, J. Leave granted.
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2008_1122.txt
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In the said agreement, there is a Clause 64 in which the arbitration clause has been inserted. Since the quantity of the work was much more than the work order was issued, supplementary work order was subsequently issued by the respondents on 30th of December, 1997 for a sum of Rs.4,99,471.36 and further another supplementary work order issued on the same date i.e. The appellant, upon sanction of the work, requested the respondents for issuing him a work order so that he companyld companymence the work. The initial estimated companyt of the work was Rs.32,74,904.37. It may be mentioned herein that the Circular was issued on 11th of June, 2003 whereas the agreement entered into by the parties was long before issuance of the said circular and it is also number in dispute that the original work order and supplementary work orders were issued on 22.02.1996 original and 30.12.1997, 30.12.1997 and 22.06.1998. On his request, work order dated 22nd of February, 1996 for a sum of Rs.32, 17, 641.29 indicating the date of companypletion of work as 21st of February, 1997 was issued to the appellant, which was received by him on 7th of May, 1996. Hence, the total work orders for a companyt of Rs. Thereafter, another work order to the tune of Rs. When the respondent had failed to appoint an arbitrator in terms of Clause 64 of the General Conditions of Contract, the appellant filed an application under Section 11 6 of the Act before the High Court of Rajasthan at Jaipur Bench for appointment of an Arbitrator. As numbered herein earlier, by the impugned order, the application for appointment of an Arbitrator under Section 11 6 of the Act was rejected by the High Court on the ground that since the value of the claim was more than 20 of the value of the work, the disputes companyld number be referred to Arbitrator in view of the Circular issued by the respondent intimating their intention to incorporate Clause 18 in the General Conditions of Contract limiting arbitration proceedings to only such claims, which are less than 20 of the value of the companytract. Accordingly, finding numberother alternative, the appellant raised a dispute by issuing a numberice dated 27th of December, 2004 and requested for appointment of an Arbitrator in terms of Clause 64 of the General Conditions of Contract appended with the agreement. 2,17,748.63 was issued on 22nd of June, 1998. An agreement was executed between the parties on 24th of April, 1996 under which in response to the said tender, the appellant submitted his offer, which was accepted and after companypletion of all kinds of formalities, the work order was issued to the appellant on 22nd of September, 1996. Clause 64 of the arbitration clause runs as under In the event of any dispute or difference between the parties hereto as to the companystruction or operation of this companytract, or the respective rights and liabilities of the parties on any matter in question, dispute or differences on any account, or as to the withholding by the Railway of any certificate to which the companytractor may claim to be entitled to or if the Railway fails to make a decision within 120 days then and in any such case but except in any of the excepted matters referred to in clause 63 of these companyditions, the companytractor after 120 days but within 180 days of his presenting his final claim on disputed matters shall demand in writing that the dispute or difference be referred to arbitration. 42,60,726.30 were issued to the appellant. 30th of December, 1997 for a sum of Rs.3,25,865.02. Arbitration Application No.31 of 2005 by which the learned Judge had rejected the application under Section 11 6 of the Arbitration and Conciliation Act, 1996 in short the Act filed at the instance of the appellant. The application for appointment of an Arbitrator was also rejected by relying on a decision in the case of State of AP. The respondent Union of India invited tenders for companystruction of 6 unit Type II and 24 unit Type I new quarters at Phulera Sub Division Office under Railway Inspector, Kishangarh. TARUN CHATTERJEE,J. This appeal is directed against the judgment and order dated 25th of May, 2007 passed by a learned Judge of the High Court of Judicature for Rajasthan at Jaipur Bench in S.B. Leave granted.
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2009_191.txt
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There was numberdispute as to the quantum of companypensation. The companypetent authority awarded companypensation for the acquired land Rs.60/ per Marla. An agreement in Form K was entered into with the respondents before payment of the companypensation. Mr. Goswami, on behalf of the appellants, has argued that there was numberdispute as to the quantum of companypensation between the respondents and the appellants and the companypensation was actually paid to the respondents and the respondents duly accepted the companypensation without any protest. But, there is numberdispute that eight years after companypensation was paid, the writ petitioners raised the dispute as to the quantum of companypensation and made an application for referring the dispute to the arbitrator. On 30th March, 1987, the Additional District Judge, Gurdaspur, as arbitrator awarded companypensation at flat rate of Rs.500/ per Marla. After a long lapse of time, the question of companypensation was referred to an arbitrator. Under Rule 9 of the Requisitioning and Acquisition of Immovable Property Rules, 1953, the companypetent authority can pay companypensation only after entering into an agreement in Form K. Mr. Goswami has companytended that in the instant case, companypensation was paid. Land measuring 26.08321 acres in village Daulatpur, Tehsil Pathankot, District Gurdaspur was acquired under the Requisitioning and Acquisition of I movable Property Act, 1952 by the Special Land Acquisition Collector by a numberification issued on 30th October, 1969. The arbitrator also awarded solatium 30 and interest 9 per annum for the first year from the date of acquisition. However, there is numberaverment in the pleading that an agreement in Form K was entered into by and between the companypetent authority and the respondents. Notice was issued only on the question of solatium and interest. i.e., 31.10.1969 and 15 per annum for the subsequent years till the amounts were realised. The appeals were dismissed by a Single Judge of the High Court on 30th July, 1987. Those appeals were dismissed on 5th April, 1990. These Special Leave Petitions were moved in this Court on 21st December, 1990. Aggrieved by this award, the Government preferred appeals to the High Court of Punjab and Haryana. SEN, J. Special leave granted. Further appeals were filed before the Division Bench of the High Court.
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1995_648.txt
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In the meantime the Controller had allowed the petition filed by the landlord seeking eviction of the respondent and the appeal preferred against her eviction having stood dismissed, she filed a revision petition in the High Court. In companyrse of the proceedings initiated thereupon against the appellants they moved an application seeking permission to effect repairs to their tenanted premises. Relying upon the report submitted by the Local Commissioner and the evidence already on record the authority companycluded that the disputed premises had become unfit and unsafe for human habitation and accordingly, allowed both the appeals and directed the appellants to vacate the premises. Before taking up the three revision petitions for hearing together, the High Court also appointed an advocate of the Court as a Local Commissioner for inspection of the premises tenanted to the appellants. Aggrieved thereby the landlord filed two appeals before the appellate authority, one against the rejection of his petition for eviction and the other permitting the appellants to effect repairs. During the pendency of the appeals, the appellate authority appointed an advocate as Local Commissioner to inspect the disputed premises and submit a report about its companydition. One La1 Chand Bansal number dead and represented by his legal representatives , hereinafter referred to as the landlord, filed two separate and successive petitions, before the Rent Controller seeking eviction of his tenants Amar Nath and Sugan Chand, hereinafter referred to as the appellants, and Smt Maya Devi, hereinafter referred to as the respondent from the premises in their respective possession primarily on the ground that they were unsafe and unfit for human habitation. While the two appeals before us are directed against the orders passed on the petitions seeking eviction, the special leave petition has been filed against the order rejecting the prayer of the appellants to effect repairs. On companysideration of the evidence adduced by the parties the Rent Controller rejected the petition for eviction but allowed the application of the appellants for repairs by a companymon order dated April 28, 1987. 1342 of 1985 Punjab and Haryana High Court disposing of three civil revision petitions. The High Court also directed the Commissioner to ascertain whether the premises tenanted to the respondent were an integral part of the same building or number. Taking into companysideration the report submitted by the Commissioner and the other materials on record the High Court disposed of all the three revision petitions by the impugned judgment, by allowing the revision petition of the respondent but dismissing both the petitions filed by the appellants. Assailing the companymon judgment of the appellate authority the appellants filed two revision petitions in the High Court. The two appeals and the special leave petition have been heard together as they stem from a companymon judgment delivered by the From the Judgment and Order dated 21 9 1985 of the Punjab and Haryana High Court in C.R. Facts leading to the filing of the appeals and the special leave petition are as under. The Judgment of the Court was delivered by K. MUKHERJEE, J. No.
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1994_205.txt
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A/2 of Sanudip Apartment located on Rander Road of Surat City. The appellant was employed as Watchman of Sanudip Apartment and was residing with his wife Savita and two children in a room of the apartment which is opposite Sanudip Apartment. on December 17, 1999 the appellant was last seen playing badminton with the deceased in Sanudip Apartment. A/2 of Sanudip Apartment, located on Rander Road of Surat City, with his family. The other circumstance which is sought to be proved by the prosecution is that on arrival of police at Sanudip Apartment after being informed by companyplainant Nareshbhai the appellant had shown the place of incident where the dead body of the deceased was found lying. The 5 th circumstance which is sought to be proved is that between 8.45 p.m. and 9.00 p.m. on December 17, 1999 the appellant was last seen playing badminton with the deceased in Sanudip Apartment. Mr. Chandravadan asked the appellant as to where the victim was. The 3rd circumstance is that the appellant was serving as a Watchman since long and he was residing with his family in a room located on ground floor of Happy Home Apartments situated opposite Sanudip Apartment, Surat. The third circumstance is that the appellant was serving as a Watchman since long and he was residing with his family in a room located on ground floor of Happy Home Apartments situated opposite Sanudip Apartment, Surat. After return from Udhana, the companyplainant did number find the victim. After lodging the companyplaint, the companyplainant companytinued search of the victim. The next circumstance is that at the instance of the accused appellant his cycle and school bag of the deceased were recovered and school bag was found companytaining anklets and earrings belonging to the deceased. Those staying in the apartment informed the companyplainant that sometime before his return from Udhana, the deceased was playing badminton, but they were number knowing as to where she had gone. Thereupon, the appellant informed M Chandravadan that he had raped the victim and killed her. The 6th circumstance which is sought to be proved is that on December 17, 1999 at about 10.30 p.m. the parents of the victim returned home and found that the deceased was missing. The fourth circumstance is that the accused appellant had won the companyfidence of the victim as a result of which the victim had reposed companyfidence in the appellant. The 4th circumstance is that the accused appellant had won the companyfidence of the victim as a result of which the victim had reposed companyfidence in the appellant. On December 18, 1999, one Mr. Bipinbhai Bhandari, who is a friend of the companyplainant, came to the house of the companyplainant and informed the companyplainant that his old servant, Vishnubhai, had informed him that he had spotted the appellant taking the deceased with him on his cycle. The appellant took the companyplainant and police to the place of incident where dead body of the deceased was found lying. The sixth circumstance which is sought to be proved is that the on December 19, 1999 at about 10.30 p.m. the parents of the victim returned home and found that the deceased was missing. On learning these facts, the companyplainant started search of the appellant, who was employed as Watchman of the apartment. The 2nd circumstance is that the deceased victim who was aged about 10 years was residing with her parents in flat No. The second circumstance is that the deceased victim who was aged about 10 years was residing with her parents in flat No. Mr. Chandravadan Naginbhai Patel, who is brother in law of the companyplainant, stayed at.the house of companyplainant in the night of December 18, 1999. Thereupon, the companyplainant informed the police, who arrived at the house of the companyplainant within numbertime. The seventh circumstance which is sought to be relied upon by the prosecution is that between 9.00 p.m. and 9.30 p.m on December 17, 1999 Vishnubhai Bahadur PW 24 had seen the appellant taking the deceased on his cycle near Adajan Patia, Surat. The 7th circumstance which is sought to be relied upon by the prosecution is that between 9.00 p.m. and 9.30 p.m on December 17, 1999 Vishnubhai Bahadur PW 24 had seen the appellant taking the deceased on his cycle near Adajan Patia, Surat. Silver and gold ornaments recovered from the school bag were identified by mother of the deceased as belonging to the deceased. On being asked, the appellant informed the companyplainant and others, who had companylected near the house of the companyplainant, that he had taken the deceased on December 17, 1999 with him on his bicycle and raped her and as he had feared that she would disclose the incident to others, he had killed her. The companyplainant also informed the police as to what was companyveyed to him by his friend Mr. Bipinbhai Bhandari. Twelve circumstances have been numbered and they are as follows The 1st circumstance is that the deceased was raped and she died a homicidal death. At about 2.30 AM on December 18, 1999, he lodged companyplaint with Rander Police Station, stating that the victim was missing. Extensive search about the victim and the appellant did number yield any result on December 18, 1999. Mr. Bipinbhai also informed the companyplainant that he was told by Vishnubhai that he had shouted at the appellant but the appellant had number stopped. The incident took place on December 17, 1999. The eighth circumstance is that after PW 24 had disclosed before Shankarbhai PW 6 and others that he had seen the appellant going on a cycle towards Jakat Naka with the deceased, a search was made and appellant was found missing. The 8 th circumstance is that after PW 24 had disclosed before Shankarbhai PW 6 and others that he had seen the appellant going on a cycle towards Jakat Naka with the deceased, a search was made and appellant was found missing. The next circumstance which is sought to be relied upon by the prosecution is that in the morning of December 1999 witness Chandravadan who was going home had seen the accused sitting at an open place near Bhulka Bhavan School and had approached the appellant and on enquiry being made the appellant had made extra judicial companyfession before him at that time. On the basis of companyplaint of the companyplainant, offences were registered against the appellant. The next circumstance which is sought to be relied upon by the prosecution is that in the morning of December 19, 1999 witness Chandravadan who was going home had seen the accused sitting at an open place near Bhulka Bhavan School and had approached the appellant and on enquiry being made the appellant had made extra judicial companyfession before him at that time. The companyplainant, thereupon, lodged First Information Report about rape of his daughter and her murder, against the appellant on December 19, 1999. The appellant was arrested and pursuant to disclosure statement made by him, the cycle used by him, for carrying the deceased to the place of incident, and school bag of the deceased, companytaining gold and silver ornaments, were recovered. The fifth circumstance which is sought to be proved is that between 8.45 p.m. and 9.00p.m. The deceased was student of IVth Standard, in Ankur School, situated near Sardar Circle, Surat, whereas son of the companyplainant was prosecuting studies in Swaminarayan Gurukul and was staying in hostel of Swaminarayan Temple. The companyplainant made extensive search about his daughter of tender age but in vain. Nareshbhai Thakorebhai Patel is residing in flat No. The circumstances highlighted by the trial Court and the High Court are as follows The first circumstance is that the deceased was raped and she died a homicidal death. The post mortem examination of the body of the deceased indicated that the deceased was subjected to rape and was, thereafter, murdered. In the morning of December 19, 1999, while going home to take a bath, Mr. Chandravadan Patel spotted the appellant sitting in an open space near vegetable market. Human Blood was found from T shirt of the accused and numberexplanation was offered by the appellant as to how human blood was found on his T shirt. Prosecution version as unfolded during trial is as follows The companyplainant i.e. The information given by the companyplainant was recorded by Head Constable Ramdas Barko Borde, who was PSO of the Police Station. The companyplaint of the companyplainant was investigated by PI SA Desai, who held inquest on the dead body of the deceased and made arrangements for sending the same to hospital for postmortem examination. In the instant case the victim who had number seen even ten summers in her life is the victim of sexual assault and animal lust of the accused appellant. a watch which was found from the Dhananjoys house had been taken by him from the flat and belonged to the mother of the deceased. The companyplainant with his wife, Ms. Kailashben, went to Udhana at about 8 PM to attend a religious ceremony. Therefore, he made inquiries about the victim from his relatives. On the Ground Floor of the apartment, he is running a grocery shop as well as a STD PCO Booth. Head Constable Borde handed over investigation of companyplaint lodged by the companyplainant to ASI Mr. Ashokbhai H. Patil. She was number only raped but was murdered by the accused appellant. The same version has been given by another witness, Chandravadan Nagin Bhai Patel PW.4 . I have number given anything from the school bag. I had number led police to the place where dead body was lying. Moreover, I have number shown dead body of Khushbu to the Police. As the offences punishable under Sections 366, 376, 397, 302 are exclusively triable by a Court of Sessions, the case was companymitted to Sessions Court, Surat for trial, where it was numbered as Sessions Case No. From the place of incident, a broken bottle companytaining Castor oil and a knife, were recovered. On companypletion of investigation, the appellant was charge sheeted in the Court of learned Chief Judicial Magistrate, Surat, for companymission of offences punishable under Sections 363, 366, 376, 302 and 397 IPC. The accused was found guilty for offences punishable under Sections 363, 366, 376, 397 and 302 of the Indian Penal Code, 1860 in short the IPC . Conviction was recorded and sentences were imposed by learned Additional Sessions Judge, Fast Track Court No.9, Surat. I have number made any companyfession before the police or panch persons. I have number drawn the police to the place of my residence. The appellant, who was arrested, was forwarded to Dr. Meghrekhaben Mehta for Medical Examination. Also, a broken chain was found which was proved to have been worn by Dhananjoy as it was recognized as being given to him by one of the PWs. Then, her father came and took her home. Before Dr. Megrekhaben Mehta, the appellant stated that he had sustained injuries while companymitting rape and murder. Therefore, the appeal filed by the accused appellant was dismissed and the death sentence awarded was companyfirmed and other sentences and the companyviction as recorded were companyfirmed. He was sentenced to 7 years, 10 years, imprisonment for life, 7 years and death sentence for the aforesaid offences. The name of his wife is Ms. Kailashben. The eldest is boy named Brijesh who was aged about 16 years at the time of incident. In the said written statement dated 1.4.2005 he has inter alia stated I have number made any companyfession before the residents of the society or the police, because I have number companymitted any offence. Also, another item, i.e. Since the accused persons pleaded innocence trial was held. The police had created these evidences with a view to involve me in the case falsely. PI Desai recorded statements of those persons who were supposed to be companyversant with the facts of the case. Death sentence was companyfirmed while the criminal appeal was dismissed. Dr. ARIJIT PASAYAT, J. A large number of cases in recent times companying before this Court involving rape and or murder of girls of tender age is a matter of companycern. These pieces of evidence cannot be said to fasten any guilt on the appellant. The case primarily was based on circumstantial evidence as there was numbereye witness. Incriminating articles seized during the companyrse of investigation were sent to Forensic Science Laboratory in short the FSL for analysis. In addition, certain documents were placed on record. They were blessed with two children. Thirty four witnesses were examined. The same was marked as Exhibit 133. Both the companyfirmation case and the criminal appeal were disposed of. 79 of 2000.
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2009_501.txt
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3910 of 1983. 3910 OF 1983 J U D G M E N T In these appeals, the appellants assessees had received companypensation from the Insurers under policies for insurance against fire and the question that was referred for opinion of the High Court was whether there was a transfer as defined in Section 2 47 of the Income Tax Act, 1961 and the excess sum of companypensation after deducting the original companyt of the assets destroyed by fire had been properly brought to tax as capital gains under Section 45 of the Income Tax Act, 1961. WITH CIVIL APPEAL NO.
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1997_172.txt
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5657 OF 2007 Arising out of SLP Civil No. 5658 OF 2007 Arising out of SLP Civil No. 12781 of 2006 WITH CIVIL APPEAL NOs. Introduction Constitutional validity of Section 30 of the Punjab Excise Act, 1914 for short the Act prohibiting employment of any man under the age of 25 years or any woman in any part of such premises in which liquor or intoxicating drug is companysumed by the public is the question involved in this appeal which arises out of a judgment and order dated 12.01.2006 passed by the High Court of Delhi in CWP No. 16127 of 2006 B. SINHA, J Leave granted. But as a respondent, it seeks to support the impugned statutory provision, although numberSpecial Leave Petition has been filed by it. Appellants herein, who are a few citizens of Delhi, are before us. First Respondent with four others filed a writ petition before the Delhi High Court questioning the validity of the said provision. CIVIL APPEAL NO.
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2007_949.txt
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112/77 in respect of the Automatic Photo Camera Dana Graf and Glass and Film Screens. The classification of the Automatic Photo Camera Dana Graf under Heading 90.07 was maintained. The Assistant Collector of Customs assessed customs duty by classifying Step and Repeat Machine as Photocopying Machine falling under Heading 90.01, Automatic Photo Camera Dana Graf as falling under Heading 90.07 and Glass Film and Screens as falling under Heading 90.10 of the Customs Tariffs. He held that Step and Repeat Machine was classifiable under Heading 83.54 and Glass Film and Screens was classifiable under Heading 90.01 or 90.02. 112/77 companyld number be given with regard to the Automatic Photo Camera Dana Graf and that the Glass Film and Screens should have been classified under Heading 90.10 without allowing the benefit of Notification No. 112/77. M s. Modi Spinning and Weaving Mills Company Limited, the respondent herein, had imported i Step and Repeat Machine, ii Automatic Photo Camera Dana Graf, and iii Glass Film and Screens. In the said numberice it was also stated that the Central Government was of the view that the Step and Repeat Machine is a photocopying machine and should have been classified under Heading 90.10 and that the benefit of Notification No. On appeal, the Collector of Customs Appeal disagreed with the said classification of the goods by the Assistant Collector. The Collector gave the benefit of Notification No. After the Constitution of the Customs, Excise and Gold Control Appellate Tribunal hereinafter referred to as the Tribunal the powers companyferred on the Central Government under Section 131 were transferred to the Tribunal and the Tribunal dealt with the proceedings arising out of the show cause numberice dated 13 8 1981. The Central Government, being of the tentative view that the appellate authoritys findings in the matter of classification of the above articles were erroneous and improper, issued a show cause numberice dated 13 8 1981 stating that the Government in exercise of its powers under Section 131 3 of the Customs Act, 1962 hereinafter referred to as the Act proposed to annul or modify the order in appeal and pass such order as deemed fit. Before the Tribunal, an objection was raised by the respondent that the show cause numberice which was issued under Sub section 3 of Section 131 was barred by limitation since in view of the provisions of Section 28 of the Act such a proceeding companyld only be initiated within a period of one year from the date of the passing of the order sought to be annulled and that the show cause numberice was issued after the expiry of the period of one year from the date of the order of the appellate authority sought to be annulled since the said order had been passed on 5 4 1980 while the numberice was issued on 13 8 1981. The said objection has been accepted by the Tribunal by the impugned judgment and the proceedings initiated on the basis of the said show cause numberice have been held to be number maintainable on the ground that they are barred by limitation. In support of the said submission Shri Subba Rao has placed reliance on the decision of this Court in Indian Textile Paper Tube Co. Ltd. v. Collector of Customs, .
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1998_1229.txt
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The Disciplinary Authority disagreed with the findings of the Inquiring Authority qua Charge Nos. CHARGE No. 1Page CHARGE No. 5 Certain fraudulent ACC Loan availed by you, were liquidated out of proceeds of cheques purchased by you, drawn on your savings Bank Account No. The Respondent submitted his explanation to the findings of the Inquiring Authority as well as the disagreement of the Disciplinary Authority regarding Charge Nos. A detailed Inquiry was held and the Inquiring Authority companycluded that the Charge Nos. 3 Certain fraudulent Demand Loans availed by you, were liquidated out of proceeds of cheques purchased by you, drawn on your personal Savings Bank A c No. He transmitted the entire record which companytained the findings of the Inquiring Authority, reasons of disagreement regarding Charge Nos. 01190077112 maintained at Sector 22, Chandigarh branch through the account of Shri Sant Ram. A companyy of the Report of the Inquiring Authority along with reasons for the disagreement was forwarded to the Respondent. 6 You got purchased your personal cheques in DD at Karnal Branch, without keeping sufficient balance in your account. 1 You availed Demand Loans fraudulently under fake signatures of the depositors owners of the STDRs. 4 You availed ACC Loans fraudulently under take signatures and without supporting revenue records to justify quantum of loan. 6 was partly proved and Charge Nos. 7 You purchased cheques of heavy amount drawn on your personal savings Bank A c in the accounts of Shri Hira Pal, a part time sweeper and Shri Sant Ram Sharma, without keeping sufficient balance in your account. 01190077112 maintained at Sector 22, Chandigarh Branch, through the accounts of Shri Hira Pal, a part time Sweeper, who has alleged that he has number requested for purchase of any cheque in DD and further alleged that you got blank cheques signed by him drawn on his CC SBF A c No.48. Sharma, SMGS IV was appointed as an Inquiring Authority in terms of Rule 68 2 ii of the State Bank of India Officers Service Rules for short the Rules . Articles of Charges framed against the Respondent when he was working as an Officer MMGS II are as follows CHARGE No. 2 You closed certain Demand Loans granted at the branch before the date of inspection and reopened the same on the same day with a view to avoid inspection of securities charged to Demand Loans. 6 and 8, the explanation submitted by the Respondent and 3Page the bio data of the Respondent to the Appointing Authority. The Disciplinary Authority was number empowered to impose a major penalty as per Rule 66 3 iii of the Rules. You have thus violated Rule 50 3 50 4 of State Bank of India Officers Service Rules. 6 and 8. Shri A.K. The Respondent who was working in the Appellant Bank was removed from service. 1, 2, 4, 5 and 7 were proved, Charge No. You also caused delay in payment of these DDs. The Appointing Authority by an Order dated 22 nd January, 2000 companysidered the entire material which was sent to him and imposed a penalty of removal from service on the Respondent. 8 Your account shows transactions of heavy amounts, which are much above your known sources of income. 3 and 8 were number proved. The order of removal was set aside by a Single Judge of the High Court of Punjab Haryana at Chandigarh. Further you exercised financial 2Page powers number vested with you. The Respondent filed a Writ Petition in the High Court of Punjab Haryana at Chandigarh questioning the legality of the order of dismissal. NAGESWARA RAO, J. The judgment of the learned Single Judge was affirmed by a Division Bench. The companyrectness of the judgment of the High Court is challenged in this Appeal. Leave granted.
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2017_793.txt
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The appellant Ram Dutt and the other accused Sheo Dutt were real Brothers and sons of the accused Jadunath Prasad. 512 of 1984 has been preferred by Ram Dutt. There was a numbersy altercations between Vijai Prakash and Ram Tanal and Sheo Nath. PW 5 Sheo Nath has also specifically stated that Ram Dutt fired from a gun which hit Pravin Kumar resulting his death. The appellant Ram Dutt was the first persons who opened the fire with a D.B.B.L. The accused Ramlal, Dharia Ram Dass and Sheo Dutt were number found guilty of any of the charges and they were acquitted. The accused Vijay Prakash, Ramlal, Dharai Ram Dass and Sheo Dutt preferred Criminal Appeal No.12 of 1977 before the said Lucknow Bench and the appellant Ram Dutt preferred Criminal Appeal No. It was after such firing by Ram Dutt other accused also fired from their respective fire arm which caused injuries to the other persons. The accused Vijai Prakash, Ram Tahal, Ramlal, Dharai and Shed Dutt were companyvicted under Sections 148, 307 read with 149 and 302 read with 149 IPC. Sanwalia Prasad took Praveen Kumar to his house and took all the injured persons with him. At the trial, however, the witnesses stated that Ram Dutt fired from a double barreled gun causing injuries to Pravin Kumar and also to Sanwalia Prasad, the father of the deceased. that Ram Dutt was armed with a pistol and he was found with such pistol near a guava tree by the side of the house of Hem Nath. It is the prosecution case that Praveen Kumar well on the ground being hit by the gun fired by Ram Dutt and died on the spot. In view of such firing, Sanwalia Prasad, Praveen Kumar, Gurdayal, Hanuman Saran, Rajesh Kumar, Ram Niwas and Sheo Nath were injured. When he reached near the fields of Chakrapani, the accused Vijai Prakash and Ram Tahal obstructed him from going to that side. It is the prosecution case that the accused persons and the companyplainant Sanwalia Prasad and his son Pravin Kumar the deceased and other injured persons reside in the village Barniya in the police station Pasgawan in the District Kheri. For the purpose of disposing of this appeal, it is number necessary to companysider the companyplicity of the other accused persons because Ram Dutt is the only appellant in this appeal. All the accused persons were armed with guns except Jadunath who was armed with a rifle. When they reached near Tiraha in the south of the village, Sheo Nath met them. It has been companytended by the learned companynsel for the appellant that if all the accused had opened fire from their respective weapon almost simultaneously, it is number possible to precisely determine as to whether Ram Dutt had actually caused injuries on Pravin Kumar resulting his death. His son, Pravin Kumar, also came with him. The other accused persons were closely related. The High Court companyvicted Vijai Prakash, Ram Tahal under Section 324 read with Section 34 and sentenced them to suffer one years rigorous imprisonment but they were acquitted of the other charges. Against the said companyviction and sentence passed by the learned Additional Sessions Judge, the accused Ram Tahal preferred Criminal Appeal No.900 of 1976 before the Lucknow Bench of the Allahabad High Court. The appellant, was companyvicted under Section 302 for murdering the deceased Pravin Kumar and also for causing injuries to others. gun and thereafter other persons also fired from their respective weapon. All the six injured persons were medically examined at Salia hospital and thereafter Sanwalia with injured persons went to police station to lodge the first information report. Various sentences were passed against the other companyvicted accused. The prosecution case in short is that the companyplainant Sanwalia Prasad and the accused has strained relations for the last thirty years and there had been proceedings under Sections 107 and 117 of the Criminal Procedure Code between them. At about 5.00 P.M. on November 24, 1975, Sheo Nath was companying to his village in a beffalo cart from the side of a canal. All the accused persons then reached the said place of incident on the numberthern side of the village and they stood towards the south west of the house of Hem Nath. 151 of 1976 before the said Lucknow Bench against the companyviction and section passed by the learned Additional Sessions Judge. 151 of 1976. The appellant was sentenced to suffer life imprisonment for the offence under Section 302 IPC, five years rigorous imprisonment under Section 307 read with Section 149 and one years rigorous imprisonment under Section 148. Thereafter, investigation was taken by the police and the charge sheet was submitted against the said accused. Accordingly, he has been companyvicted under Sections 302,324 read with 34 IPC by the High Court. The appellant and six other companyaccused faced a trial under Section 148, 302/149 and 307/148 Indian Penal Code before the learned Additional District and Sessions Judge, Kheri, in Sessions Trial No. A 45 of 1976. This appeal is directed against Order dated November 25, 1983 passed by the Division Bench of Allahabad High Court, Lucknow Bench in Crl. All the said appeals were analogously heard and disposed of by the companymon judgment passed on November 25, 1983. He handed the report got prepared at his instance in the police station which was registered. Their companyviction and sentence were set aside by the High Court. N. RAY,J. Appeal No. P.C.
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1996_629.txt
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iv The flats were sold by the respondent to those purchasers at the same price at which negotiations for sale of the flats to the companyplainant were in progress. Had the respondent number assured the companyplainant to furnish the bank guarantee, the companyplainant would have negotiated with some other builder for purchase of the flats. The case of the respondent is that there was numberagreement whatsoever between the parties for the bank guarantee for the flats in the building Reviera. Negotiations, in regard to the above flats, started between the parties. ii No money whatsoever was paid or advanced by the companyplainant by way of companysideration or otherwise in companytinuation or furtherance of the negotiations for purchase of the flats. According to the companyplainant, the respondent exercised pressure upon the companyplainant to pay the enhanced prices. There has throughout been only negotiations, offers and companynter offers. It is averred in the companyplaint the respondent wants to take benefit of the enhanced prices of the flats. The companyplainant M s.Pawan Hans Ltd. needed some flats for its employees at Bombay and for that purpose issued a tender numberice in Times of India dated 4.5.1991 in response whereof the respondent Lokhandwala Construction Industires Ltd. made an offer for sale of 40 flats at Kandiwali, Bombay. But for the companydition relating to guarantee, the respondent was prepared to sign the Memorandum of Understanding. It is further alleged in the companyplaint that the respondent in order to cause wrongful gain to itself and wrongful loss to the companyplainant had backed out to sign the Memorandum of Understanding. but numbercase of restrictive trade practice is made out merely on the allegation of refusal by the respondent to enter into an agreement with a term of unconditional bank guarantee. Apart from other companyditions it is said to be agreed that price of the flat would be at the rate of 780 per sq.ft. The companyplainant had itself companyrected the draft of Memorandum of Understanding and made the companynter suggestions which never attained the stage of agreement between the parties. The respondent, it is said, had also offered to sell some more flats in Green Meadows. Considering the facts of the case, it has been observed that it was only on 18th May, 1992 that the respondent had approached the applicant to companysider the modification in the terms relating to bank guarantee for the full value of the flat based on progressive payment plus a performance guarantee. It was also indicated that the companyplainant companyld number be allowed to plead mistake by oversight as a ground of enforcing term of unconditional bank guarantee which was never agreed to between the parties. Offers and revised offers were exchanged between them. Thereafter the respondent started selling the flats on June 8, 1992 at the rate of Rs. This is an appeal preferred by the companyplainant M s.Pawan Hans Ltd. against the order of the Monopolies and Restrictive Trade Practices Commission for short the Commission , New Delhi rejecting the companyplaint preferred against the respondent number2 M s.Lokhandwala Construction Industries Ltd. hereinafter to be referred to as respondent only under Section 10 of the Monopolies and Restrictive Trade Practices Act for short the Act for inquiry. The case of the companyplainant on the basis of the facts indicated above in a nut shell is that the respondent manipulated companyditions of rendering services with a view to cause unjustified companyt increase to the detriment of the companyplainant attracting Section 2 o ii of the Act. Paragraph 15 of the order of Shri N.C.Gupta is quoted below The negotiations between the parties did number result into a companycluded companytract and as such there has been numberagreement between the parties. Hence a prayer was made to institute an inquiry and pass an appropriate order including award of companyts damages so that government agencies like the companyplainant and others are prevented from being cheated by adopting the restrictive trade practices by the respondent. iii After the negotiations broke down, the flats were sold by the Respondent to various persons as per details furnished by the Respondent for valuable companysideration and therefore the legal rights of the subsequent purchasers in the property have companye into being and therefore numberorder whatsoever can be passed without adjudicating upon the rights of such persons and making them the parties to the proceedings. Hence the respondent wrote another letter on June 1, 1992 in reference to earlier letter dated May 18, 1992 saying that since the period of two weeks had already elapsed and numberconfirmation of modification in the companydition relating to bank guarantee was received, it would be presumed that modification was number accepted, in the circumstances it was number possible to execute the memorandum of understanding. Some other pleas also seem to have been raised but suffice it to mention that one of them being that the companyplainant if at all companyld file a civil suit for specific performance of the agreement etc. One of the Members of the Commission, namely Shri N.C.Gupta, after detailed discussion, arrived at the following companyclusions in paragraph 15 of his order holding that the companyplaint is number maintainable. No letter of companyfirmation was received. The respondent had also given out that the applicant companyld send its companyfirmation within seven days and that the work which had already companymenced would be companypleted and they would be able to handover the possession by May 15, 1993. of the saleable area. It was also pleaded that the case does number fall within the purview of Section 2 o or Section 33 of the Act. JUDGMENT BRIJESH KUMAR, J. An application for interim injunction was also filed under Section 12 A of the Act.
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2003_261.txt
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1000/ The companyviction and sentence were companyfined in appeal and the High Court did number interfere in revision. Leave granted.
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2002_80.txt
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O R D E R TRANSFER PETITION CIVIL NO.
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2008_554.txt
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It is the case of the respondent State itself that it rejected the claim for refund on 29th November, 1973, and companymunicated the rejection to the appellant on 7th December, 1973, The letter of 7th December, 1973, gave ho reasons for the rejection. They were, therefore, thus empowered to take up with the respondent State their claim for refund, and they did so on 17th October, 1962. Thereupon, the appellant filed a writ petition in the High Court at Patna to quash the order of the respondent State refusing to refund and to direct the respondent State to make the refund. It also sought the quashing of the order of the State Government rejecting the claim for refund. v. Union of India, 1963 3 SCR 957, the main question raised and argued in writ petitions under Article 32 of the Constitution was whether State Governments were entitled to tax three ayurvedic preparations, namely, Mritasanjibani, Mritasanjibani Sudha and Mritasanjibani Sura, under the Excise Acts in force in the respective States. The writ petition that was filed by the appellants was number limited to seeking the refund. The appellant was permitted to file a suit to recover the amount of the refund that it claimed. A Constitution Bench of this Court came to the companyclusion that the said medicinal preparations companyld number be taxed under the Excise Acts in force in the States and that they companyld be taxed only in accordance with the provisions of the Medicinal and Toilet Preparations Excise Duties Act. The refund that was prayed for was for the period 20th August 1960, to 30th September, 1962, in the sum of Rs. 91,723.80. The judgment was delivered on 7th September, 1962. Within a month and about 10 days of the judgment of this Court, i.e., on 17th October, 1962, the appellants asked the respondent State to make the refund. The letter of the respondent State to the appellants dated 7th December, 1973, so stating is on record, and it does number give any reason whatsoever for the rejection. JUDGEMENT 1996 SCR 5 SUPP 347 The following Order of the Court was delivered In Adhyaksha Mathur Babus Sakti Oushadhalaya Dacca P Ltd. Ors. The expectation, in so far as it related to this case, was belied. Their Writ Petition was No. It took the respondent estate 11 years to reject the claim. 354 of 1961 . The appellants were one of the many writ petitioners before the Court.
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1996_926.txt
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14/2 and 13/4 of Tantikonda village. 14/2 and 13/4 of Tantikonda village had been purchased by him on 23.2.1981 and, therefore, the same companyld number be surrendered. Thereafter, the appellant offered to surrender some parcels of land including the land companyprised in survey number. On receipt of the offer of surrender made by the appellant, the Land Reforms Tribunal issued numberice in Form VIII. Respondent number 1 filed objections to the proposed surrender claiming that the land companyprised in survey number. By an order passed under Section 9 of the Andhra Pradesh Land Reforms Ceiling on Agricultural Holdings Act, 1973 for short the Act , the Land Reforms Tribunal, Kakinada, East Godavari District, decided the surplus area case of Shri Surya Prakasa Rao deceased , his wife and minor children including the appellant herein and declared that they were holding 1.3560 standard hectares of land in excess of their entitlement. Feeling dissatisfied with the appellate order, Respondent No.1 filed Revision under Section 21 of the Act.
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2008_2481.txt
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Subsequently the second son of Bhaiya Rudra Pratap Deo and his widows filed a petition for being substituted. Harihar Pratap Deo, who was the younger brother of Bhaiya Rudra Pratap Deo, had died in a state of jointness with his brother Bhaiya Rudra Pratap Deo in 1934 leaving behind his son Lalu Maheshanuj Pratap Deo alias Nila Bacha, and one other step son who also died in 1937 unmarried. Bhaiya Rudra Pratap Deo, the plaintiff, died during the pendency of the suit and his two sons and four widows got themselves substituted in his place. His father died in a state of jointness with Bhaiya Rudra Pratap Deo sometime in 1934 when he was only four years old and he was living under the guardianship of his uncle. The defendant claimed that he was a companysharer with the plaintiff and was entitled to remain in possession of all the eight villages companyered by the Khorposh deed till partition was made, The Subordinate Judge held that by the khorposh deed Bhaiya Rudra Pratap Deo had in fact given to the defendant in khorposh eight villages including village Sigsigi but the defendant did number acquire any interest in the said land on the basis of the khorposh deed as the same was against the provisions of section 12A of the Chota Nagpur Encumbered Estates Act and the Chota Nagpur Tenancy Act that Nagaruntari estate was an impartible estate governed by the rule of lineal primogeniture but it ceased to be so after the enforcement of the Hindu Succession Act, 1956 in June 1956 and since Bhaiya Rudra Pratap Deo died after this Act came into force the succession to the estate would be governed by survivorship as companytemplated by section 6 of the Hindu Succession Act. Thereafter Bhaiya Rudra Pratap Deo of his own accord executed a khorposh deed in his favour in respect of eight villages including Sigsigi and got it typed in his house and sent it to him with a direction to take possession of the eight villages and accordingly he took possession of the same. Bhaiya Rudra Pratap Deo feeling aggrieved by the order filed a suit which has given rise to the present appeals and which was later on numbered as suit No. He was made to carry an impression, due to propaganda made by his uncle Bhaiya Rudra Pratap Deo that Nagaruntari estate was an impartible estate and being under this wrong impression he subsequently filed an application against his uncle in 1950 claiming khorposh grant of 22 villages including village Sigsigi from out of Nagaruntria estate and also partition of the self acquired property of his grand father. On these findings he dismissed the suit Feeling aggrieved by the decision heirs and legal representatives of Bhaiya Rudra Pratap Deo, the deceased plaintiff, preferred an appeal. The defendant denied that he had fraudulently got Sigsigi and Patihari villages inserted in the Khorposh deed or that this deed was illegal. which ended in favour of Lalu Maheshanuj Pratap Deo on 4th of July, 1955. The succession to the estate was governed by the rule of lineal primogeniture. His eldest son, Bhaiya Ramanuj Pratap Deo filed a petition before the Trial Court for substitution in place of his deceased father alleging that the Nagaruntari Estate was an impartible estate governed by the rule of lineal primogeniture under which the eldest son alone is entitled to succeed his father. It appears that the estate was accorded protection under the Chota Nagpur Encumbered Estates Act, 1876, on the application of Bhaiya Rudra Pratap Deo as per numberification dated 17th March 1932 published in the Bihar Gazette dated 23rd March, 1932 and after liquidation of debt it was released from the operation of Chota Nagar Encumbered Estates Act in October 1945. The Nagaruntari estate later on vested in the State of Bihar under the Bihar Land Reforms Act. He, however, held that the grant of khorposh by Rudra Pratap Deo after the release of the estate from the management of the Chota Nagpur Encumbered Estates Act was void under section 12A of the Act as the khorposh grant was number made with the sanction of the Commissioner and also because the possession of the ex proprietor with respect to the Bakasht land became that of a raiyat under the State of Bihar and the raiyati right was number transferable without a registered document. The case of the plaintiffs as follows After the vesting of the estate in the State of Bihar the defendant approached him with a request that the plaintiff should give him the villages Bhojpur, Jaungipur, Chitri, Rohila, Bhandar and Khundra but the plaintiff declined to do so as section 12A of the Chota Nagpur Encumbered Estate Act and the provisions of the Bihar Land Reforms Act stood as a bar. 16 of 1955, against Lalu Maheshanuj Pratap Deo alias Nila Bacha in respect of the agricultural plots of village Sigsigi and the grains in the custody and companytrol of the police, Bisrampur, district Palamau. There was neither any proposal for villages Sigsigi and Patihari number had the plaintiff ever agreed to give these two villages to the defendant. Thus, numberkhorposh grant remains even in respect of the six villages and such grants, if any, are void under section 12A of the Chota Nagpur Encumbered Estates Act and the provisions of the Bihar Land Reforms Act. Undaunted, the plaintiffs preferred a Second Appeal in the High Court which was partly allowed inasmuch as the High Court found that the heirs of Rudra Pratap were entitled to get a decree for possession of the suit land jointly with the sole defendant as also for mesne profits for their share, that is, one half in addition to the entire mesne profits to which Rudra Pratap was entitled in his lifetime. As such the plaintiffs, as well as the defendant would succeed. On the beseechment of the defendant the plaintiff allowed him six villages only, namely Bhojpur, Jaungipur Chitri, Rohila, Bhandar and Khundra subject to acceptance of the State of Bihar. 2280/70. The suit was companytested by the defendant on the following grounds amongst others The Nagaruntari estate was never an impartible estate governed by the rule of lineal primogeniture but in its origin it was a number heritable Ghatwala Jagir and it was subsequently made heritable and raised to the status of a revenue paying estate and thus it became an ordinary joint family property partible amongst the members. When the plaintiff came to know of the fraud and fabrication of the defendant he lodged protest before the authorities and the authorities refused to accept the plea of khorposh and they ordered the villages to be included in the companypensation list of the plaintiff and the rent of all the sirjot lands was fixed in favour of the plaintiff. The companyduct of the suit was given to plaintiff No. Eventually the estate vested in the State of Bihar under the Bihar Land Reforms Act, 1950 in pursuance of a numberification dated 5th of November, 1951. the possession of the defendant was on the basis of a void document. paddy crops grown by the plaintiff were standing and on the petition of the plaintiff the same were harvested by the police. Under the said rule the eldest male member of the eldest line was to succeed to the estate while the junior members of the family were entitled only to maintenance grants subject to resumption on extinction of an heir in the male line of the eldest branch. Even assuming for the sake of argument that the two villages Sigsigi and Patihari were included in the deed dated 14th of April, 1952, the transfer is void ab initio and numbertitle accrued to the defendant on that basis. Subsequent cultivation was also done through the police, Bisarampur and the plaintiff is entitled to all the grains in the custody of the police. 2280/70 and for the Respondent in C.A. The Sub Judge impleaded all these persons provisionally as plaintiffs ordering to strike out an issue as to which of them was or were entitled to the fruits of the litigation, if eventually the companyrt decided the suit as against the defendant. The defendant is thus entitled to remain in possession of the said property as one of the company owners and the plaintiffs companyld number claim an exclusive khas possession till the matter is decided in a partition suit. 209/70 and for the Respondent in CA. 209/70 arising out of certificate CA. The defendant, however, implored and wanted to take a chance and try his luck. 209 2280 of 1970. P.C. The proceedings were, however, later companyverted into proceedings under section 145 Cr. 209 of 1970. A relief for mesne profits to be A ascertained in subsequent proceedings was also claimed. Chibber for the Appellant in CA. 2280/70 arising out of special leave from the companymon judgment and decree dated the 28th February, 1968 of the Patna High Court in Appeal from Appellate Decree No. Sinha, S.K Sinha and M.L. I under the provisions of rule 11, order 1 P.C. At the time of proceedings under section 145 Cr. Singh, for the Appellant in C.A. That application was, however, rejected. 1055 of 1962, C. Misra and U.P. These two companynected appeals are directed against a t companymon judgment dated 28th February, 1968 of the Patna High Court, the first one by certificate and the second by special leave. On appeal the District Judge companyfirmed the findings of the Trial Court. The Judgment of the Court was delivered by MISRA J. Both the parties have companye up in appeal to this Court against the judgment and decree of the High Court to the extent it went against them. His prayer was allowed. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. No.
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1981_234.txt
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The 4th defendant married the 1st defendant, Boddu Satyavathi who is the daughter of the 5th defendant. The 5th defendant and the 1st defendant mortgaged the B schedule properties with the 3rd defendant who brought a suit on the mortgage and obtained a decree. The testatrix, Adilakshmi, who was childless herself brought up defendants 4 and 5, Boddu Ramarao and Kosury Lakshmamma, from their infancy. Some years thereafter, the 4th defendant married one Boddu Manikyam. The 2nd defendant is the daughter born out of this wedlock. the plaintiffs 1 to 4 being the issues of the marriage of the 4th defendant with her. Defendants 4 and 5 divided the properties left by the testatrix by a registered partition deed dated December 27, 1929 by which those mentioned in Schedule A to the plaint fell to the share of the 4th defendant while the others mentioned in Schedule B fell to the share of the 5th defendant. The plaintiffs filed the suit against all the defendants in 1955.
for a declaration that after the death praying of defendants 4 and 5, the 1st defendant and the children of the 4th defendant or such of them as may be alive at the time would be entitled to share the properties in suit equally between them and that any alienation made by defendants 4 and 5 or their assignees or alienees would number bind the interests of the ultimate feversloners beyond their lifetime and further that the mortgage decree mentioned above was number binding on the plaintiffs or the ultimate reversioners. At the date of the will executed on June 28, 1913 the girl defendant 5 had been with her for 15 years and the boy defendant 4 for 10 years and both were minors at the time. both these minors, Lakshmamma and Ramarao, that until their minority period is over, Banda Ramaswamy Garu should act as their guardian and deal with all the affairs, that after their minority period is over the entire property should be in possession of both of them, that both of them should enjoy throughout their lifetime the said property without powers of gift transfer and sale and that after their death the children that may be born to them should enjoy the same with powers of gift, transfer and sale. The translation of the relevant portion of the will which was in vernacular is as follows my entire property should hereafter my lifetime pass to. The testatrix died within a few days after the execution of the will. In order to provide for them after her death she executed a will companyering all her properties, movable and immovable. This is an appeal by special leave from a judgment and decree of the High Court of Andhra Pradesh companyfirming the decree passed by the Subordinate Judge at Eluru in O.S. 563 of 1959. In the trial companyrt a number of issues were framed but the only question canvassed before the High Court on appeal related to the effect of the will of Adilakshmi. 245 of 1965. On a fair companystruction of the language. 112 of 1955. Sen and T. Satyanarayana, for respondents Nos. The facts leading to the litigation may be stated as follows. R. Chaudhuri, for the appellants. The Judgment of the Court was delivered by Mitter, J. Appeal by special leave from the judgment and order dated October 31, 1962 of the Andhra Pradesh High Court in Appeal No. CIVIL APPELLATE JURISDICTION Civil Appeal No. 1 to 3. No.
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1967_98.txt
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He shall treat himself relieved on 1.3.02 A.N. Sd Executive Engineer National Highway Division HP, PWD, Solan No. Service w.e.f.1.3.02 A.N. The respondent number1 Kalawatis husband Rameshwar Singh, who was on duty as Chowkidar in the Store Department in the National Highway Division, Solan at Tamboo More, was attacked by some people and he was badly injured. Hospital Solan on account of his companypletely and permanently incapacitated for further service of any kind in the department vide their report on form 23 of dated 1.3.02, Sh. The Engineer in Chief, HP, PWD, Delhi. NHD CB Pension/03 5013 20 Dt.26.10.02 Copy to following for information and necessary action The Sr.
Deputy Accountant General, H.P.Shimla. The State of Himachal Pradesh on 26.10.2002 passed the following order HIMACHAL PRADESH PUBLIC WORKS DEPARTMENT OFFICE ORDER Consequent upon his invalidation declared by Medical Board Distt. Rameshwar Singh, Chowkidar of this office is hereby retired 2 from Govt. The case of the respondent herein is different from the batch of appeals decided today by this Court with the title State of Himachal Pradesh Vs.
Sarab Dayal i.e.Civil Appeal L.P. C No.362 of 2008. I., Chandigarh for about six to seven months but due to the serious injuries sustained by him while on duty on 5.2.1999 after a lapse of about 11 years, we are told that, he is still in the state of Coma. He was treated at P.G. under Rule 38 of Central Civil Services Pension Rules, 1972. Leave granted.
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2011_426.txt
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95.000/ from the appellant bank on the basis that the signature of Ashok Chattopadhyay on the cheque was forged and thus the appellant bank was liable to reimburse the said amount paid by the appellant bank from the account of respondent No. 1 against the said cheque. 1 by the appellant bank. 95,000/ to the account of respondent No. 318 at the said branch of the appellant bank. 1, on the said cheque is forged. 95,000/ was debited to the account of respondent No. 95,000/ debited to the account of respondent No. 1 on the basis of cheque No. 95,000/ in their Current A C No. 95,000/ in the current,account No. 1,95,000/ was drawn on the appellant bank. 1 claims that the said signature is number of Ashok Chattopadhyay and the same is forged. 1 was companytested by the appellant bank on the ground that the question whether the signature of Ashok Chattopadhyay on the said cheque was forged was still under investigation and till the said signature is found to be forged there was proper mandate for payment on the basis of the said cheque. It is number disputed that the said cheque is from the Cheque Book issued to respondent No. The said cheque was encashed at the said branch of the appellant bank on August 26, 1992 and the amount of Rs. The said cheque admittedly companytains the signature of G.L. 425395 dated August 26, 1992 that was encashed by the appellant bank which is claimed to be forged in the sense that the signature of Ashok Chattopadhyay, the Managing Director of respondent No. The said signature is on the face of the cheque as well as on the back. Bank of Maharashtra, hereinafter referred to as the appellant bank, is a nationalised bank having a branch providing banking facilities at Nariman Point at Bombay. The other signature purports to be of Ashok Chattopadhyay, the Managing Director of respondent No. 95,000/ was presented for cash with drawal. Bhatia and Ashok Chattopadhyay, the Managing Director of respondent No. 318 or direct the petitioner Bank to make payment of the respondent No. 425395 for Rs. 1 was making false allegations against the appellant bank. One bearer cheque bearing No. The case of the appellant bank is that the said amount was paid to one Jadhav, whose signatures were appended at the back of the cheque, and who was an employee of respondent No. On 26th of August, 1992 a cheque bearing No. This fact was brought to the numberice of the appellant bank by respondent No. 1 that there was companylusion of bank staff with an outside unknown person for payment of the cheque and it was asserted that it was obvious negligence on the part of respondent No. In accordance with the said order of the High Court the appellant bank credited a sum of Rs. The appellant bank has also denied the allegations made by respondent No. 1 number to keep the Cheque Book in the proper custody and that the respondent No. In the said Writ Petition an affidavit dated July 6, 1993 of Rajiv V. Pinglay, who is employed as Advance Ledger Posting Machine Operator with the appellant bank, was filed on behalf of appellant bank. Shri Rana, the learned companynsel for the appellant bank, in the first place, has urged that the dispute between the parties relates to the liability of the appellant bank to reimburse respondent No. 1 the sum of Rs. 95,000/ with interest thereon at the rate of 18 from the date of the said amount had been withdrawn from the account. 425395 dated August 26, 1992 for a sum of Rs. 1 claimed reimbursement of the said sum of Rs. Feeling aggrieved by the said order of the High Court, the appellant bank has filed this appeal. 1 the said account is to be operated jointly by G.L. Thereupon the appellant bank lodged a First Information Re port with regard to the alleged forgery, as claimed by respondent No. 1 Company herein of a sum of Rs. 1 therein, has been operating Current Account No. The said claim of respondent No. The Respondents arc directed to credit sum of Rs. 1245 of 1993 in the Bombay High Court wherein it has been prayed as under Writ of mandamus or a Writ or Order or direction in the nature of mandamus under Article 226 of the Constitution directing the Petitioner bank to reverse the debit entry dated 26.8.1992 for Rs. 1 it appears that respondent No. 318 during the pendency of the Writ Petition on the respondent number 1 herein furnishing an indemnity for the same. Ashok Kumar Aggarwal filed on behalf of respondent No. 1 has with drawn a substantial part of the said amount leaving a balance of about Rs. 1 on July 9, 1993. 1 companypany regularly visited the Branch for the banking transactions, and one of such employees is one Mr. Jadhav. b to direct the Petitioner herein to credit a sum of Rs. In the said affidavit it is stated I say that the employees of the Petitioner No. Thereupon the respondent on April 21, 1993 filed a Writ Petition Writ Petition No. 1 on September 3, 1992. Bhatia. Pinglay the cashier appears to be prima facie false and an after thought. As per the mandate of respondent No. Respondent No. Shri P.H., Parekh, the learned companynsel appearing for the respondents, has, on the other hand, urged, that this appeal is directed against the interim order only and the main Writ Petition is still pending adjudication before the High Court and the question of maintainability of the Writ Petition would be gone into by the High Court in the light of the objections that are raised by the appellant bank. I thereupon asked the said Mr. Jadhav, who had companye to companylect the pay in front of me, which was duly done by him. 1, at Police Station at Cuffe Parade, Bombay on September 4, 1993 and the matter is being investigated by the police. 6001.65. From the companynter affidavit of Capt. Limited, respondent No. The affidavit filed by R.V. The said Writ Petition was placed for preliminary hearing before a Division Bench of the High Court on July 7, 1993 and the following order was passed on that date C. Rule. Race Shipping and Transport Co. Pvt. C. AGRAWAL, J. We have heard learned companynsel for the parties. Leave granted.
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1995_1009.txt
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1.9.1991. 1.8.1997. He entered Bihar Administrative Service Judicial Branch on 4.4.1974 as a Munsif. In May, 1987, he was promoted in Bihar Superior Judicial Service and companyfirmed on 5.3.1998 w.e.f. On 17.2.2000, selection grade was released to the petitioner w.e.f. The facts are jejune. Bishwanath Prasad Singh, the petitioner, was born on 10th October, 1942. On 17.5.2000 the impugned companymunication, as abovesaid, was issued by the High Court of Patna through its Registrar General. He was promoted as Assistant Subordinate Judge in April, 1985.
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2000_950.txt
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There was a clause for arbitration in the agreement which was to the following effect ARBITRATION BR companyfidently feel that there shall number arise any disputes or differences during execution and companypletion of this order by the Contractor. However, in the event of any disputes or differences arise between Company BR and Contractor hereinafter called the said parties touching or companycerning the interpretation of the terms and companyditions as performance of the order or in companynection therewith or the rights and liabilities of either of the said parties hereto, the said parties shall endeavour to settle the same amicably through mutual agreement between them, but if the mutual settlement is number possible between the Company and the Contractor, the provisions of the Indian Arbitration Conciliation Act, 1996 and all statutory re enactment and modifications thereof and the rules made thereunder shall apply to such arbitrations. Controversy lies within a very narrow companypass. On 27.11.2004 a numberice of demand was sent to the site of the respondent and it was returned with the postal endorsement refused. The factual background as projected by the appellant is as follows On 22.12.2003 work order was issued by the respondent to the appellant. 49 of 2006 Dr. ARIJIT PASAYAT, J. The matter was directed to be placed before the Chief Justice of the High Court for naming an arbitrator. Arising out of SLP C No. On 9.8.2005 an order was passed by the High Court on the application filed by the respondent. Leave granted.
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2007_674.txt
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According to the writ petitioners numbere of these societies were genuine housing societies and were dummy creations of Vijay Associates Wadhwa Developers. 24 to 29, including those of the six housing societies, Amey Co operative Housing Society Limited which is the amalgamated society and successor to the six housing societies, and Vijay Associates Wadhwa Developers would stand extinguished. Under the said Agreement, Amey Co operative Housing Society Limited authorized Vijay Associates Wadhwa Developers to develop the six amalgamated plots and executed an irrevocable power of attorney in favour of the numberinees of Vijay Associates Wadhwa Developers. The first of the two appeals has been filed by Amey Co operative Housing Society which is the amalgamated society of the six companyoperative societies and had been made respondent No.6 in the writ petition. It was argued that all the members of the six different company operative societies were genuine members and the societies were genuine societies of persons eager to acquire residential accommodation for themselves. CIDCO had suffered a loss of about Rs.35 crores. Ultimately, the said six societies were amalgamated to form Amey Co operative Housing Society Limited on 17th January, 2005. The writ petitioners also companytended that the use of six plots as one amalgamated plot before such amalgamation was allowed, reveals that the companystruction work on all the six plots was under the companyplete companytrol of Vijay Associates Wadhwa Developers. What was even more revealing was the fact that immediately after the plots of land had been granted to the dummy societies they merged into one society. By adopting the aforesaid procedure, Vijay Associates Wadhwa Developers with the help of certain officials of CIDCO obtained companytrol of the six plots but number for the purpose for which they were intended. It was pointed out that Amey Co operative Society Limited entered into a Final Development Agreement with Vijay Associates Wadhwa Developers on 31st December, 2004 even before amalgamation. Thereafter, CIDCO would decide whether the plot with companystructions should be allotted to genuine housing societies or whether the plot and companystruction shall be allotted to a builder to be decided by the process of inviting tender. It was companytended that on account of the manipulations effected in order to favour Vijay Associates Wadhwa Developers, CIDCO incurred a loss of about Rs.10,000/ per sq.mt. It was also pointed out that under the Terms of Agreement, it was declared that certain members of the societies had resigned their membership and that Vijay Associates Wadhwa Developers would be entitled to recommend new members in their place for which permission of CIDCO would have to be obtained by the respondent No. 24 to 29 was to stand forfeited and vested in CIDCO. It was denied that the said members were mere name lenders who had been set up by Vijay Associates Wadhwa Developers only with a view to acquire the plot in question. It was also reiterated that numbertransfer had, in fact, been effected in favour of the said respondent who had been retained in companymon by all the members of the six societies which amalgamated into one society as a matter of companyvenience for the purpose of development of the said plot on behalf of the members of the companyoperative societies. In reply, it was companytended on behalf of the societies that since only an agreement to lease had been executed in favour of Vijay Associates Wadhwa Developers, the restrictions regarding transfer and assignment did number apply and accordingly CIDCO was number entitled to enforce its rights under the Agreement of Lease to terminate the lease and to evict the societies and to resume the said plots. In other words, all members who were purported to have been scrutinized by CIDCO as genuine members of the society would be replaced by new members and the genuine members would be reduced to mere name lenders. From the materials on record, it was pointed out that having sub divided one plot into six plots and after having allotted one plot to each of the six applicant societies, on or about 13th July, 2004, the said societies made an application for amalgamation of the said plots on 29th August, 2004 and CIDCO companysented to amalgamate the plots for development within two days thereafter on 31st August, 2004. As against the above, the respondents societies paid for the plots at the rate of Rs.10,500/ per sq. It was the stand of the Government that it was also the writ petitioners case in the writ petition that in case of plots where companystruction had been companypleted or had reached an advanced and irreversible stage, the CIDCO should recover from the companytractors and developers and the companyoperative societies the difference between the market value and the price charged to the applicant society. In addition, it was companytended that although amalgamated plot No.24 was meant for residential use, Vijay Associates Wadhwa Developers divided the plot into Block 1 and Block 2 in its Development Plan. Thereafter, a Memorandum of Understanding for development was executed by each of the six societies with Vijay Associates Wadhwa Developers, being the appellant in the Civil Appeal arising out of SLP C No.655/2006, on 30th August, 2004, i.e the day after companysent was given by CIDCO for amalgamation. A further direction was given that if in the opinion of the Municipal Corporation the companystruction companyld number be regularized then CIDCO would pull it down and recover its companyts for pulling down the structure as well as the removal of debris from Vijay Associates Wadhwa Developers. Having regard to the restrictions on transfer and the transfers effected by the societies of all their rights in favour of the said respondent, CIDCO gave a numberice to the societies on 28th February, 2005 terminating their lease and resuming the land. c No.655/2006 VIJAY ASSOCIATES WADHWA DEVELOPERS Appellant Versus PUBLIC CONCERN FOR GOVERNANCE TRUST ORS. The second appeal has been filed by Vijay Associates Wadhwa Developers which had been impleaded as respondent No.4 in the writ application. The user of the plot both for residential as well as companymercial purposes was in violation of the Master Plan for the area as genuine companyoperative societies were allotted plots only for residential purposes and number for companymercial exploitation as well. As indicated hereinbefore, what was intended to be companyveyed by the writ petitioners is that the respondent No.5 utilized his close friends and associates to set up the six dummy societies with the intention of acquiring the six plots which were later amalgamated into one plot. In the event, CIDCO decided that the plot should go to genuine housing societies, it would have to issue an advertisement accordingly and on receiving offers based on the companystruction companyt with appropriate municipal charges it companyld take necessary decision for allotment. It was urged that in the present case, the entire development is against the letter and spirit of the CIDCO Lease of Land to Co operative Housing Society Regulations, 1995, which were framed for the disposal of land by CIDCO as the developing authority under Section 118 of the Maharashtra Regional and Town Planning Act, 1966. It was pointed out that CIDCO had accepted the stand taken on behalf of the societies and did number take any further steps pursuant to its numberice dated 28th February, 2005. Yet another breach of the rules for the purpose of favouring the said respondent was that although under Rule 3 1 CIDCO was required to publish a scheme to invite applications from persons intending to promote companyoperative housing societies, numbersuch scheme was published and the plots in question were allotted to the six different companyoperative housing societies merely on their applications made to the Chief Minister. By virtue of the aforesaid Resolution, CIDCO decided to allot plots of land to companyoperative housing societies with 1 FSI, purely for residential purposes without inviting tenders, in various developed and developing and new numberes, except Kalamboli, in Navi Mumbai. The Navi Mumbai Municipal Corporation was directed to examine as to whether the companystruction companyld be regularized and CIDCO was directed to move the Municipal Corporation for that purpose. Of companyrse, on behalf of the societies it was companytended that the stop work numberice had been issued because the amalgamation of the six societies had number been effected till then and that the same was only a technical requirement which was satisfied once the amalgamation was companypleted on 17th January , 2005. On behalf of the respondents it was urged that the writ petition was misconceived inasmuch as the entire transaction involving the plot in question was above board and in keeping with the Resolutions adopted by CIDCO. In addition to the above, the entire companystruction on the said plots Nos. On the basis of its aforesaid companyclusion, the High Court quashed the allotments made to the six housing societies, i.e. and since such allotment had been made to the petitioner and other societies at the rate of around Rs.10,500/ per sq. The writ petitioners companytended that the initial members of the six societies were companynected with Vijay Associates Wadhwa Developers in some way or the other and merely lent their names to enable the said respondent to acquire the plots in question by such dubious means and, in fact, it would be evident right from the inception that it was only the proprietor chairman of the said respondent who was in companytrol of the entire plan. It was also submitted on behalf of the respondents that since the writ petitioners had raised an allegation of under valuation and financial loss to CIDCO, an independent valuation companyld be made to ascertain the loss, if any, on account of the transaction and to companypensate CIDCO to that extent. The writ petitioners alleged that although Amey Co operative Housing Society Limited submitted the Scheme for Amalgamation to the Joint Registrar of Co operative Societies on 14th September, 2004 and such merger was allowed only on 17th January, 2005, the Municipal Corporation issued a Commencement Certificate dated 17th September, 2004 to the amalgamated society requiring the applicant to give numberice to the Corporation on companypletion of the companystruction up to the plinth level and prior to the taking up of companymencement of further work. On the returnable date the second Special Leave Petition C No.655/2006 filed by Vijay Associates Wadhwa Developers, was also taken up for companysideration along with the earlier special leave petition filed by Amey Co operative Housing Society Limited and this Court directed numberice to issue on both the Special Leave Petitions. It was also companytended that the companystruction being raised on the plot in question was in keeping with the sanction which had been granted by the NMMC and the stop work numberice which had been issued by the Corporation was only on account of the fact that amalgamation of the six company operative societies had number been companypleted till then. as the plot in question would have fetched a market price far above the weighted average of Rs.10,743/ for the said plot. It is alleged that M s. Vijay Associates companymenced companystruction on behalf of the societies up to the 4th floor level without giving such numberice, which impelled the Navi Mumbai Municipal Corporation NMMC to issue a stop work numberice on 18th December, 2004. Several other directions were also given by the High Court while making the rule absolute with companyts to be paid by Vijay Associates Wadhwa Developers to the petitioners assessed at Rs.1 lakh. It was companytended that most of the proposed members of the six societies appeared to be hutment dwellers in the Navi Mumbai area and from their occupation appeared to be labourers working in the markets that have companye up in the area. All the said applications were addressed to the then Chief Minister of Maharashtra and number to CIDCO, which being a statutory companyporation, had a separate legal existence. The main ground of challenge is that the allotment and disposal of plot Nos. 655 of 2006, each being allotted one plot at a fixed price. CIDCO is an authority companystituted by the State of Maharashtra under the Maharashtra Regional and Town Planning Act, 1966 hereinafter referred to as the MRTP Act for development of Navi Mumbai and other townships. Public Concern for Governance is a registered Trust which filed a Public Interest Litigation, being No.43/2005, in the High Court of Judicature at Mumbai, questioning the manner in which certain residential plots in the Navi Mumbai Municipal Area had been allotted by the City and Industrial Development Corporation hereinafter referred to as CIDCO . The writ petitioners alleged that by adopting the said two Resolutions, the management of CIDCO laid the formal ground work for diversion of prime public lands into private hands of builders and developers and thereafter pushed the scheme into operation. 5 to 10, with a further direction to stop the companystruction activities, there was numberquestion of companysidering the alternate prayer made for obtaining a fresh valuation and companypensating CIDCO to the extent of its losses, if any. 5 to 10 herein, by letters of intent issued by CIDCO dated 26th March, 2004 and 6th May, 2004. All rights of the persons who had entered into agreements companycerning development of the plots number. The writ petitioners went on to companytend that even the scheme companytained in the two Resolutions referred to above had number been published, as was required under Regulation 3 of the 1995 Regulations which provides that The Corporation may, subject to availability of lands, publish a scheme to invite applications from persons intending to promote and registered the companyoperative housing society in accordance with and subject to the Maharashtra Co operative Societies Act, 1960 and the Rules made thereunder. It was pointed out that all the said applications except for one, companytained an endorsement of the Chief Minister to put up the applications and had been processed with undue haste on the recommendation of the Managing Director of CIDCO. When the Special Leave Petition filed by Amey Co operative Housing Society Limited SLP c No.336/2206 was taken up for companysideration on 12th January, 2006, this Court had directed the companytinuance of the interim order granted by the High Court till 20th January, 2006. It was alleged before the High Court that number one of the 493 members of the dummy societies had spent a single paisa, either for becoming members or towards acquisition of the land and companystructions companyts. The next ground of attack in the writ petitions is that Resolution No.8848 provides that the policy indicated therein should be implemented only after verifying the genuineness of the society which entailed the filing of an affidavit showing the companytinuous residence of the applicant in Maharashtra State for a period of 15 years, which was to be supported by documentary evidence, such as ration cards, passports, domicile certificates etc.,
As was pointed out by the High Court while companysidering the writ applications, the two Resolutions read together showed that CIDCO had decided to allot residential plots with 1 FSI at fixed rates to genuine societies whose members would have to be verified by an affidavit supported by documentary evidence and upon the understanding that their memberships would number be transferred for a specified period. Referring to several judgments of this Court cited both on behalf of the appellants as well as the respondents, the High Court arrived at the companyclusion that the allotments made in favour of the six societies were liable to be quashed and there was numberquestion of regularizing the same. CIDCO was directed to take symbolic possession of the entire property and the interim order passed by the High Court when the Writ Petition was disposed of subsequent to the impugned order, was directed to companytinue. Consequently, according to the State Government it was absolutely essential that an independent valuation be done by an independent valuer to make a valuation report of the market price of the plots in question for the relevant period as this was the only way in which the real loss, if any, caused to and suffered by CIDCO companyld be ascertained and steps companyld be taken to recover the same from the companycerned parties. It was further companytended that during the companyrse of allotment and companymencement of companystruction, some of the members had chosen to opt out of the scheme which necessitated the empowerment of the said respondent to recommend the induction of new members in place of the outgoing members. The writ petitioners pointed out that the plots involved in these appeals were initially allotted to the respondent Nos.5 to 10 in Civil Appeal arising out of SLP c No. The said respondent along with its agents and servants were permanently injuncted and restrained from entering upon, remaining in and or putting up any companystruction on the said plots. It was the companytention of the writ petitioners that every single old member was to be eliminated to make place for new members. The agreement also made provision for transfer of membership and new members desiring to acquire a new flat in the new companystruction would be provided such flat upon payment of such companysideration as may be mutually agreed upon. This, in fact, was prayer C in the writ petition. The entire amount of earnest money, lease rent and companystruction companyts till date, totaling about Rs.55 crores, was said to have been spent by the builders alone. Since the said respondent would be investing both money and labour in the project, it was agreed that a certain portion of the companystruction would be made available to it for its own use. The High Court held that having accepted the writ petitioners prayer for quashing the allotments made in favour of the respondent Nos. Block 2 is retained for residential use while Block 1 is proposed to be developed for companymercial use. The allotments made have been challenged on various grounds. 24 to 29 Nerul was in violation of the existing regulations regulating such allotment. Subsequently, the stop work order was revoked and companystruction had progressed up to the 9th floor involving investment of large sums of money. What was sought to be companyveyed by the above is that all the applications were made pursuant to the two aforesaid Resolutions adopted by the Board and the same were immediately processed and allotments were made in a great hurry though it would be clear from all the applications that they had been filed by one and the same person or organization. During the hearing of the writ petition, it was shown that the respondent Nos. 5 to 10 had all applied by way of almost identical applications, each of which was by way of a request for allotment. Reference was made to a report of a companymittee set up by the State Government, popularly known as the Shankaran Committee, which estimated CIDCOs losses on account of the aforesaid transaction of going into Rs.35 crores. Of the four Special Leave Petitions heard together by us, two have already been disposed of and the remaining two, namely, SLP c Nos.336/06 and 655/06, are being disposed of by this companymon judgment. In addition, an interim order was passed whereby it was directed that there would be numberconstruction, numbersale and numbercreation of third party rights. Respondents ALTAMAS KABIR,J. The submissions made on behalf of the respondents did number find favour with the High Court which appeared to be companyvinced that the respondents had indulged in fraudulent and illegal activities which companyld number be accepted by the Court. the respondents Nos. C No.336/2006 WITH CIVIL APPEAL NO. Arising out of S.L.P. Leave granted in both the special leave petitions. 410 OF 2007 Arising out of S.L.P. Sd 29.10.2003 Chief Secretary. It is the aforesaid judgment of the Bombay High Court which has been assailed in these appeals.
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2007_1064.txt
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A survey under Section 133A of the Act was also carried out at the business premises of M s Super Mall P Limited the assessee, at Karnal and New Delhi. Act, 1961 was also carried out at the business premises of M s Super Mall P Ltd. Karnal New Delhi. The satisfaction numbere reads as under Name and address of the assessee M s Super Malls P Ltd. Sector 12, HUDA, Karnal Regd. Ved Parkash Bharti who is a Director in the assessee companypany M s Super Mall P Ltd., Pen drives were found and seized as per Annexure 3 from vehicle No. That during the companyrse of the search on 8/9.04.2010 at the residence of Shri Ved Prakash Bharti, a Director in the assessee companypany M s Super Mall P Limited, pen drive was found and seized from the vehicle parked in front of Shri Ved Prakash Bhartis residence. That as a companysequence of the aforesaid search and seizure operation, a numberice was issued to the assessee M s Super Mall P Limited hereinafter referred to as the Assessee under Section 153C of the Act by the Assessing Officer. Ved Parkash Bharti Group of cases, Karnal, Panipat Delhi and a survey u s 133A of the IT. PAN AAICS2163F Status Company Reasons Satisfaction numbere for taking up the case of M s Super Malls P Ltd. Sector 12, HUDA, Karnal Regd. Office at 51, Transport Centre, Punjabi Bagh, New Delhi under Section 153C of the Income Tax Act, 1961. During the companyrse of search on 08/09.04.2010 at residence of Sh. The assessee filed its return for the assessment year 2008 09. The facts in nutshell are as under 2.1 By virtue of the authorization of the Director of Income Tax Investigation , Chandigarh, a search and seizure operation under Section 132 1 of the Income Tax Act, 1961 hereinafter referred to as the Act was carried out on 8/9.04.2010 at the residential business premises of Shri Tejwant Singh and Shri Ved Prakash Bharti group of companypanies at Karnal, Panipat and Delhi. The said documents companytained the details of the cash receipts on sale of shops offices at M s Super Mall, Karnal, also besides other companycerns. The assessment for the assessment year 2008 09 was finalised by the Assessing Officer and additions were made in the assessment year 2008 09. By virtue of the authorization of the Director of Income Tax Investigation , Chandigarh, a search seizure operation u s 132 1 of the Act was carried out on 08/09.04.2010 at the residential business premises of Sh. However, the learned Income Tax Appellate Tribunal for short ITAT allowed the appeal preferred by the assessee and held that the satisfaction numbere recorded under Section 153C of the Act in respect of the assessee, i.e., a third party, was invalid. Tejwant Singh Sh. The assessment order was challenged mainly on the ground that the satisfaction numbere recorded under Section 153C of the Act in respect of the assessee, i.e., a third party, was invalid. Office at 51, Transport Centre Punjabi Bagh, New Delhi. 16/2017 for Assessment Year 2008 09 are stated and companysidered. CITIII Delhi Centralization/1012 1312455 dated 15.01.2013. That the learned CIT Appeals dismissed the assessees appeal. The jurisdiction of this case has been assigned to this Office u s 127 of the Income Tax Act, 1961 by the worthy Commissioner of Income Tax III New Delhi vide order F. No. That some documents were seized after taking out the print from the above said pen drive. The assessment order was the subject matter of appeal before the Commissioner of Income Tax Appeals . At this stage, it is required to be numbered that the learned ITAT set aside the order passed by the learned CIT Appeals solely on the satisfaction numbere being invalid and did number enter into the merits. 8449 8450/2017 arising from I.T.A. Consequently, the High Court has set aside the order passed by the learned ITAT and remanded the matter to the learned ITAT to hear the appeals afresh on merits. In the appeal before the High Court, by the impugned Judgment and Order, the High Court has allowed the said appeal preferred by the Revenue and has observed and held that there was a companypliance of Section 153C of the Act. 453/2016 Review Petition No. Hence, the present appeal. For the sake of companyvenience, the facts of Civil Appeals arising from Special Leave Petition C Nos. No.
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2020_280.txt
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The State of Tamil Nadu issued letter dated 08.08.2014 to the TNPC to go ahead with the numberification for the 162 posts of Civil Judge, announcing 40 50 disability for partially blind and partially deaf for the selection in question. of the Government dated 08.08.2014. The Government Order dated 08.08.2014 companymunicated the decision of the Government taken with companysultation of the High Court to go ahead with the selection to the post of Civil Judge numberifying the percentage of disability as 40 50 for partially blind and partially deaf for the selection for 162 posts of Civil Judge. The TNPC has written a letter dated 04.08.2014 to both the State Government as well as the High Court proposing to numberify the percentage of disability as 40 50 for partially blind and partially deaf for selection of 162 Civil Judge Junior Division . The appellant appeared in selection for the post of Civil Judge Junior Division under partially blind category. The disability certificate was also issued to the appellant on 10.10.2014 mentioning his disability as 70. Yours faithfully Sd For Principal Secretary to Government The advertisement, thus, clearly provided that post of Civil Judge has been identified as suitable for partially deaf partially blind ortho categories of differently abled persons 40 50 disability . The writ petition was heard by the Division Bench and vide its judgment dated 05.06.2015 the High Court held that as per the decision of the Government dated 08.08.2014 and numberification issued by the TNPC dated 26.08.2014 partially blind with 40 50 disability were only eligible and the appellant having 70 disability was number eligible to participate in the selection. In the companyumn percentage of disability the appellant had mentioned more than 40. Ms No.642, Home Courts Department, dated 31.08.2012 and Government letter No.49858/Cts I/2014 4, dated 08.08.2014 the post of Civil Judge has been identified as suitable for PD PB O categories of Differently Abled persons alone PD Partially Deaf 40 50disability , PB Partially Blind 40 50 disability , O Ortho. Thereafter, the Government issued the impugned companymunication dated 8.8.2014 directing the Service Commission to initiate the process of selection of 162 Civil Judges, by numberifying the percentage of disability as 40 50 for partially blind and partially deaf, for the present selection alone. The TNPC issued numberification dated 26.08.2014 inviting applications through online for direct recruitment. The Tamil Nadu Public Service Commission TNPC received a requisition from the State Government for filling up 162 posts of Civil Judge Junior Division . The relevant portion of Government Order dated 08.08.2014 is as follows In companytinuation of the Government letter fifth cited, I am directed to state that in view of the administrative exigencies and number to delay the selection, the High Court has companysidered the Tamil Nadu Public Service Commissions letter dated 04.08.2014 and accepts the proposal to go ahead with the selection for the posts of Civil Judge numberifying the percentage of disability as 40 50 for partially blind and partially deaf, for the present selection alone. Clause F refers to three Government Orders dated 11.04.2005, 31.08.2012 and 08.08.2014. After examination was companypleted TNPC issued a letter to the appellant to submit self attested companyies of the relevant documents which also require certificate of physical disability obtained from the Medical Board specifying that his her physical disability would number render him her incapable of efficiently discharging his her official duties for the post of Civil Judge. The TNPC issued the list of Register Numbers who were provisionally admitted to the oral test. The appellant in response to the said letter submitted his certificates including the certificate of physical disability dated 10.10.2014. The Government Order dated 11.04.2005 was a Government Order by which the post of Civil Judge Junior Division was identified as one of the posts under Section 33 of the Act, 1995. Item No.102 of the above list of posts identified under group A and B was to the following effect LIST OF POSTS IDENTIFIED UNDER GROUP A B CATEGORIES No. Government Order dated 31.08.2012 was a Government Order by which exemption was granted to the posts of District Judge Entry Level and Civil Judge in the Tamil Nadu State Judicial Service from the provisions of the Section 33 in respect of companyplete blindness and companyplete hearing impairment. During the pendency of the writ petition an amendment application was filed by the appellant to quash the Government letter dated 08.08.2014 which amendment application was allowed by the High Court and even in the amendment application filed by the appellant the numberification dated 26.08.2014 issued by the TNPC was number challenged. Name of Post Physical Categories Group and requirements of disabled Department persons suitable for the job 102 Tamil Nadu State Judicial S ST W SE H RW PB PD ORTHO A Service Civil Judge Junior Division/ Judicial Magistrate First Class The Government of Tamil Nadu had also issued a numberification dated 31.08.2012 in exercise of powers companyferred by proviso to Section 33 of the Act,1995 exempting the post of District Judge Entry Level and Civil Judge in the Tamil Nadu State Judicial Service from the provision of the said Section 33 in respect of companyplete blindness and companyplete impairment. The appellant having failed to challenge Clause 4 F of the numberification dated 26.08.2014, he cannot be allowed to challenge the companydition of 40 50 partial blindness. The Differently Abled persons should upload a companyy of certificate of physical fitness specifying the nature of physical handicap and the degree of disability based on the numberms laid down, from the Medical Board to the effect that his her handicap will number render him her incapable of efficiently discharging the duties attached to the post of Civil Judge to which he she has been selected before appointment when called for . The advertisement dated 26.08.2014 also has specifically referred to the G.O. In the writ petition the appellant filed an application to amend the writ petition by adding a prayer for quashing of the letter dated 08.08.2014 issued by the State Government. The appellant, a practicing Advocate, submitted online application in response to the numberification No.15/2014 dated 26.08.2014. 15/2014 dated 26.8.2014 issued by the Public Service Commission. The brief facts giving rise to this appeal are After enactment of the Persons with Disabilities Equal Opportunities, Protection of Rights and Full Signature Not Verified Digitally signed by Participation Act, 1995 hereinafter referred to as SANJAY KUMAR Date 2019.01.22 160148 IST Reason the Act, 1995 the State of Tamil Nadu vide GO dated 11.04.2005 has identified 117 categories of posts as most suitable in A and B groups in direct recruitment. By the aforesaid Act, 1991 reservation for direct recruitment to the posts in the judiciary of the State were provided for. The High Court companymunicated its approval to the aforesaid proposal which was also companysented by the State of Tamil Nadu. The appellant thus appeared in the interview, the Commission issued a list of provisionally selected candidates for direct recruitment. Advertisement was issued reserving posts as per the Act, 1991, which was challenged in the High Court. The Candidates should upload the documents referred in para 14 f of the Commissions Instructions to the candidates when called for. No.53, Social Welfare Nutritious Meal Programme Department, dated 11.04.2005, G.O. A Constitution Bench in the above case had occasion to companysider a question of recruitment of District Judge and other judicial officers in the State of Bihar in companytext of a State Legislation namely Bihar Reservation of Vacancies in Posts and Services for Scheduled Castes, Scheduled Tribes and other Backward Classes Act, 1991. Sub clause F and sub clause G of Clause 4 companytaining General Information is as follows In G.O.Ms. The appellant applied in pursuance of the above advertisement and participated in the written examination and when he was number called for oral test, he filed writ petition. The written examination was held on 18.10.2014 and 19.10.2014. An interim order dated 13.04.2015 was issued by the Madras High Court directing that the appellant shall be permitted to participate in the viva voce, however, the result of the appellant will be kept in a sealed envelope, until further orders are passed by the High Court. The name of the appellant was number included in the list of successful candidates. The Government sought the opinion of the High Court and the High Court gave numberobjections. It was under the interim order of the High Court that he was permitted to participate in oral test but the High Court by interim order had directed number to declare the result of the appellant. The appellant aggrieved by the judgment of Madras High Court dated 05.06.2015 dismissing his writ petition has companye up in this appeal. 10582 of 2015 in the High Court of Madras. The appellant filed a writ petition No. The appellant aggrieved by the Division Bench judgment has companye up in this appeal. This is why paragraph 4.F was incorporated in the Notification bearing No. ASHOK BHUSHAN, J.
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2019_1106.txt
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58,24,023 and this was accepted to be companycealed income both by Kamini Kumar Dutta and the appellant. On the death of Captain N. N. Dutta his two brothers Kamini Kumar Dutta and the appellant Debendra Nath Dutta were brought on record as legal representatives. Kalyani Wife wife A.N.Dutta N.Bose Wife Kamini Kumar Dutta was his elder brother and the appellant Debendra Nath Dutta the younger brother. They also recommended a companycession in regard to Kamini Kumar Dutta and his branch of the family. As a result of the investigation it was found that a substantial portion of the companycealed profits was invested by the late Captain N. N. Dutta in the names of his nephews, the sons of Kamini Kumar Dutta and their respective wives, his niece Maya and his widowed sister in law Charunalini Dutta. The assessees in all these orders were both the brothers of the deceased, i.e., Kamini Kumar Dutta and the appellant. Almost simultaneously the Commission directed a search to be made of four premises belonging to or in the occupation of Captain N. N. Dutta and his relations as a result of which companyplete sets of books companytaining receipts and disbursements of secret profits made by Captain N. N. Dutta came into the possession of the Commission and thus the case of Captain N. N. Dutta came to be investigated after reference to the Commission by the Central Government. Another elder brother of his had died sometime before leaving a widow Charunalini Dutta. The appellant is Debendra Nath Dutta and the respondents are the Income tax Investigation Commission companystituted under section 3 of the Act hereinafter referred to as the Commission and the Union of India. Captain N. N. Dutta at the time of search was away from Calcutta and after his return he offered to make full disclosure and agreed to pay whatever tax the Commission would find due from him but a few days after this offer i.e., on April 6, 1949, he died leaving brothers, nephews and nieces who are shown in the following pedigree table Krishna Kumar Dutta XiXCD Kamini Kumar Surendra Nath Narendra Nath Debendra Nath Mrinalini long dead Captain Dutta Charunalini Dutta Widow Saroj Ajit Kumar Ranjit Kumar Sujit Maya Bela m. Nalima Kumar Latika Renukana Kumar m.captain A.N.Bose m.Dr.A. This was recommended by the Commission who in their report stated that the settlement was for the purpose of recovery and was only with regard to Kamini Kumar Dutta and his sons and daughters in law but was number made with the appellant. The other order was passed on November 21, 1949, accepting the terms and companyditions of settlement offered by the branch of Kamini Kumar Dutta it directed that demand numberices be served by the Income tax Officer under section 29 of the Income tax Act and all proceedings under the Income tax Act or any other Act which might be necessary be taken. On March 23, 1949, the Commission made a report to the Central Government under section 5 4 of the Act asking for reference to it self of the case of Captain N. N. Dutta. The facts giving rise to the appeal are that Captain N. N. Dutta, a brother of the appellant was the managing director of a companycern called the Bengal Immunity Co. Ltd. During the last war he made large profits which were neither disclosed to number detected by the Income tax Department and thus escaped income tax on what may be termed companycealed income. This is an appeal by special leave against the report of the Income tax Investigation Commission Made in R.C. Thereupon the Central Government passed two orders, one under section 8A of the Act on November 19, 1949, directing that appropriate proceedings under the Indian Income tax Act and Excess Profits Tax Act, 1940, be taken against Kamini Kumar Dutta and the appellant, heirs of the deceased, with a view to assess or reassess the aggregate income of Rs. Kamini Kumar Dutta wrote to the Commission that he had numberconnection with the business of his late brother but as his legal representative he accepted his obligation to pay in full anything due to the State and he also advised his sons to disclose the true state of affairs and to pay whatever sum was justly due. On March 24, 1950, the Income tax Officer, District III A, Calcutta, passed 8 income tax assessment orders, 6 excess profits tax assessment orders and two business profits tax assessment orders each in regard to 1/8 of the total sum companycealed. They recommended that for the purpose of assessment to the tax the total companycealed income should be allocated between the 8 accounting years in equal amounts. 58,24,023 referred to in paragraph 24 of the said report Report of the Commission . He was informed of the amount which was found to be companycealed income and was invited to examine the materials and make such submissions as he thought necessary in regard to that amount. The Commission in its report made it quite clear that the appellant was numberparty to this companyposition and numberorder was being made against or in regard to him but should any assets of the deceased be found to be in his possession or may subsequently companye into his possession as a result of the litigation which he was threatening to companymence or otherwise, the Government would be entitled to recover from him the full tax on the companycealed income, i.e., on Rs. On April 15, 1950, the appellant applied to the Commissioner of Income tax, West Bengal, under section 8 5 of the Act for a reference to the High Court of Calcutta of 15 questions of law which ultimately were reduced to three. The appellant then applied to the High Court of Calcutta under section 8 5 of the Act read with section 66 2 of the Income tax Act and rules were issued by the High Court but on March 3, 1952, they were discharged. These profits were invested in Government securities and bank Deposits. 58,24,023, whether in the first instance or so much of it as may number be recovered from the other branch. The amount to be recovered from that branch came to Rs. 332A. 29,74,480. The deceased himself was unmarried. As there were 16 assessment orders the appellant was asked by the Commissioner to submit 16 applications which he did but by an order dated October 3, 1951, he rejected the applications as in his opinion numberquestion of law arose out of the various assessment orders. This case was R.C. Kapur, J. The appellant took numberpart in the enquiry but after the investigation was companypleted he was summoned to be present at the final hearing. Against this order the appellant applied to this companyrt for special leave but on September 28, 1953, leave was refused. No.
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1960_286.txt
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4 Maharaja Sawai Tej Singh Ji for a companysideration of Rs.77,30,328/ . 23 to make wrongful gain companyluded and companynived with each other to make the respondent No.4 sign documents or papers who was a person under incapacity, incapable of understanding the companytents to which he was made to sign and or that his signature was forged. The agreement entered into on 18.4.2005 besides being void was for inadequate companysideration. 2786 OF 2008 Arising out of SLP C No. If ex parte order was passed by the learned District Judge and the petitioner was aggrieved by it, she ought to have assailed it legally. Passing of ex parte order by the Presiding Officer of the companyrt cannot be a reasonable ground for transferring the case. The respondent No.2 as attorney received the part payment of the companysideration in cash and by cheque in his own name. 4120 of 2007 Dr. ARIJIT PASAYAT, J. 1 had filed application in terms of Section 24 of the Code of Civil Procedure, 1908 in short the CPC seeking transfer of Civil Case No.41/202/05 titled Jitendra Singh v. Smt. The High Courts companyclusions based on the basis of which order of transfer has been made, read as follows Having scanned the record, I numbericed that the suit was transferred by the District Judge to the Court of Additional District Judge No.2, Alwar in the month of December, 2005. REPORTABLE CIVIL APPEAL NO. Challenge in this appeal is to order passed by a learned Single Judge of the Rajasthan High Court, Jaipur Bench. The petitioner and the respondent Nos. Respondent No. Leave granted.
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2008_657.txt
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The defendant No. The defendant Nos. It was alleged that the defendant Nos. In that case, the defendant Nos. It was set forth that by virtue of the will, the plaintiff and the defendant Nos. The defendant No.5 supported the evidence led by the plaintiff. That apart, it was companytended that the rights of defendant No. While accepting the preliminary objection, the High Court has opined that the plaintiff and the defendant Nos. 1 to 4 and 6 had accepted the judgment and decree that the defendant No. It was set forth by him that the suit land was ancestral, a Joint Hindu Coparcenary property and his father Shiv Singh, being the Karta, had numberright to bequeath the same in favour of defendant Nos. The plaintiff entered into a settlement with the companytesting defendants who had preferred the appeal. It was set forth in the plaint that the suit land in the hands of his father, Shiv Singh, was ancestral companyarcenary and Joint Hindu Family property and he, along with his brothers, the defendant Nos. 1 to 4 had failed to dispel the suspicious circumstances in the execution of the will in favour of defendant Nos. 29 of 1995 for possession of the suit land to the extent of his share treating the will alleged to have been executed in favour of the defendant Nos. The learned trial Judge, on appreciation of the evidence brought on record, came to hold that the suit land was a Joint Hindu Family property that defendant Nos. 1, his wife who had expired by the time the appeal was filed and the defendant Nos. On an appeal being preferred by the three beneficiaries of the will as the original defendant No. It was opined that if the defendants 2 and 3 companyld be said to have been aggrieved by the preliminary decree, it was certainly companypetent for them to challenge that decree in appeal, but as they had number filed an appeal against the preliminary decree, the question whether they were aggrieved by that decree and companyld file an appeal therefrom was irrelevant. Hence, the present appeal by the said defendant appellant. It was the case of the plaintiff that the will was number executed voluntarily by his father, Shiv Singh, and it was a forged one and, therefore, numberright companyld flow in favour of the said defendants. 2 and 3 were aggrieved by the preliminary decree and opined that the appeal was against a mere finding and the preliminary decree, in fact, remained unchallenged for a long period. 1 to 4, the judgment and decree was overturned. 72 of 1959 filed by defendants 2 and 3 was number maintainable as it was directed against a mere finding recorded by the trial companyrt. One Sarabjit Singh filed Civil Suit No. Thereafter, the Court opined that the High Court mixed up two distinct issues, namely, i whether the defendants 2 and 3 were companypetent to file an appeal if they were aggrieved by the preliminary decree and whether the appeal as filed by them was maintainable. Thereafter, a challenge was made partly to the preliminary decree. 5 and 6, the companyowners, have been deprived of the legal rights in the suit land. A prayer was made to put him in possession of the suit land after carving out his share. 1 to 4 as null and void with the companysequential prayer for restraining them from alienating the suit property in any manner. 1 to 4 and, hence, the will was null and void that the mutation did number create any impediment on the rights of the plaintiff and other natural heirs of the testator and that they are entitled to get joint possession of the suit land as per their shares in accordance with the law of natural succession. 1 had died , the learned appellate Judge came to hold that the property held by Shiv Singh, the predecessor in interest of the parties to the suit, was number ancestral, but self acquired and, hence, he was companypetent to alienate the same in any manner as he liked that the will dated 6.7.1989, Exh. 5 cannot be regarded as an aggrieved party to assail the impugned decree invoking the jurisdiction of the High Court under Section 100 of the Code that appeal being a creature of the statute, the right to appeal inheres in one and it stands in a distinct position than that of a suit and, hence, numberappeal companyld lie against a mere finding for the simple reason that the Code does number provide for such an appeal and that the suit having been dismissed by virtue of the dislodging of the decree by the first appellate companyrt, the regular second appeal companyld number be filed by the defendant No. 5 and 6, companystituted a Joint Hindu Family with the father and mother. The plaintiff examined himself as PW 1 and tendered number of documents in evidence which were marked as Exts. 1 to 4, on the basis of a forged will, forcibly took possession of the land. 5 had number been affected as a registered gift was executed on 31.3.1980 by late Shiv Singh. 6 resisted the stand of the plaintiff companytending, inter alia, that the property was self acquired and the execution of the will was absolutely voluntary. Being of this view, he set aside the judgment and decree passed by the learned trial Judge and dismissed the suit with companyts. 2 to 4, his grandsons, was validly executed and that the finding recorded by the learned trial Judge on that score was unsustainable. P 1 to P 17. In rebuttal, the plaintiff examined the Record Keeper of Medical College Rohtak as PW 2 and Dr. A.K. P 18 to P 19A. Ganga Bai v. Vijay Kumar and others supra wherein a distinction was drawn between the inherent right to file a suit unless the suit is statutorily barred and the limitations in maintaining an appeal. Verma as PW 3 and brought on record four forms, Exts. 5 filed an independent written statement admitting the claim of the plaintiff. 1 to 4 to the exclusion of the other rightful owners. 1 to 4 entered companytest and supported the execution of the will on the basis that it was voluntary and without any pressure or companyrcion. The claim of the plaintiff was strongly disputed on the ground that the will had already been worked out since the revenue records had been companyrected. Be it numbered, the learned appellate Judge took numbere of the fact that Sarabjit Singh had challenged the said will but, on account of settlement with the appellants before the appellate companyrt, had practically withdrawn from the litigation. 2 and 3 had preferred an appeal before the High Court challenging the finding recorded by the trial companyrt. 5 preferred R.S.A. That apart, it was companytended that the will was vitiated by fraud. 1 to 4 examined number of witnesses and got seven documents exhibited. The learned trial Judge framed as many as four issues. Dipak Misra, J. Another aspect which was addressed by the Bench was whether the finding would operate as res judicata in the subsequent proceeding. As indicated earlier, to arrive at such a companyclusion, reliance was placed on the decision in Smt. 85 of 2007 before the High Court. Leave granted. No.
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2013_733.txt
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The deceased succumbed to burn injuries on 23.4.1999. I also sustained burn injury, my both legs and hands having burn injuries. The appellant also sustained burn injuries. The deceased was shifted to the Hospital at Arni on 21.4.1999 at about 2.00 a.m. along with two sons who also suffered burn injuries. On 22.4.1999 Ram Audare recorded the dying declaration of the deceased. Re examination Nil ROAC Sd A.D. Uphadye ASJ Pusad 28/8/01 The deposition of PW 4 would reveal that he admits the police preparing the panchnama and it companytaining the signature and that police seized the articles. On 21/4/1999 the victim was shifted to the Primary Health Centre, Arni and thereafter, she was referred to Vasant Rao Malik Medical Hospital, Yavatmal. In the dying declaration the appellant was implicated as having, being drunk, pore kerosene on her and set her on fire. On 19.4.1999 at about 12 oclock in the night he came to the house in a drunken position and beat his wife and thereafter he poured kerosene oil and set her on fire. Out of the wedlock, two sons were Signature Not Verified Digitally signed by POOJA ARORA Date 2019.08.07 born. Thereafter all of us went to hospital by jeep. In brief the prosecution case is as follows The appellant was married on 12.05.1995 with the deceased. He would quarrel and ill treat his wife. The appellant was alleged to be having 175502 IST Reason illicit relations with one lady. He was also drinking liquor. The case of the accidental fall of the lamp does number appeal to us. Thereafter what happened I do number know. This appeal maintained by special leave granted by this Court is directed against the judgment of the High Court dismissing the appeal and companyfirming the companyviction and sentence imposed by the Additional Sessions Judge Pusad under Section 302 of the Indian Penal Code, 1860 IPC for short . M. JOSEPH, J.
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2019_493.txt
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The Custodian of Evacuee Property, Rajasthan, moved the Custodian General of Evacuee Property for revision of this order. On November 16, 1951, the Deputy Custodian, Jaipur held Dr. Mohammad Saeed to be an evacuee under s. 2 d iii of the Administration of Evacuee Property Ordinance, 1949. He also held Dr. Mohammad Saeeds property to be evacuee property under s. 7 of the Ordinance and also under s. 22 b of the Administration of Evacuee Property Act, 1950. In accordance with this direction the Deputy Custodian General on August 10, 1957, held that the property of the petitioner was rightly declared to be evacuee property under s. 22 b by the Deputy Custodian. On April 1, 1950, the Deputy Custodian, Jaipur, made an order in proceedings instituted under s. 19 of the Administration of Evacuee Property Ordinance declaring the appellant Dr. Mohammad Saeed a medical practitioner of Jaipur to be an intending evacuee. Accordingly he set aside the order made by the Deputy Custodian under s. 22 b . The Deputy Custodian General of Evacuee Property who heard this petition in revision was unable to agree with the District Judges findings on the question as regards the order under s. 22 b and accordingly made a reference under s. 27 2 of the Administration of Evacuee Property Act, 1950, to the High Court of Rajasthan. When thereafter the Administration of Evacuee Property Act, 1950 Act XXXI of 1950 , came into force ano ther numberice was issued on the appellant under s. 22 b of the Act to show cause why his property should number be declared evacuee property on the ground that he had transferred a substantial portion of his assets to Pakistan. Accordingly, the High Court set aside the decision of the District Judge in respect of Deputy Custodian Generals orders under s. 22 b and directed the Custodian General or the Deputy Custodian General, if authorised to deal with it, to dispose of the proceedings in accordance with the decision of the High Court. By the same order a numberice was directed to be issued to the respondent to show cause why he should number be declared to be an evacuee under s. 2 d i and s. 2 d iii of the Ordinance. As regards the order under s. 22 b the learned District Judge agreed with the Deputy Custodian that Dr. Mohammed Saeed had transferred a substantial portion of his assets to Pakistan between November 1947 and September 1948. On appeal the District Judge, Jaipur, set aside this declaration of the appellant as an evacuee under s. 2 d iii of the Ordinance and remanded the case for a fresh decision in the light of the observations made by him. The High Court rejected the companytention raised on behalf of this appellant that the circumstances as to the transfer of a substantial portion of his assets should relate to an act done by any person, after, he was declared as an intending evacuee. Appeal by special leave from the judgment and order dated May 10, 1957, of the Rajasthan High Court Jaipur Bench at Jaipur in D. B. S. Bindra and T. M. Sen, for the respondents. Being of opinion however that number only this act of transfer which took place before the 18th day of October, 1949, but other circumstances including the appellants companyduct after October 18, 1949, have to be, taken into companysideration before action under section 22 b can be taken, he found that it was difficult to say that the appellant had been making preparations for his migration to Pakistan. Bishan Narain, and Govind Saran Singh, for the appellant petitioner. Petition under Art. 87 of 1961. A petition under Art. 456 of 1958. 32 of the Constitution of India for enforcement of Fundamental rights. Civil Reference No. WITH PETITION No. After the appeal was heard in part on January 23, 1961, the hearing was adjourned to enable the appellant to make a writ petition. The Judgment of the Court was delivered by DAS GUPTA, J. April 25. CIVIL APPELLATE JURISDICTION Civil Appeal No. The appeal has been filed against this decision by special leave granted by this Court. 17 of 1956.
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1961_372.txt
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The plaintiffs in the partition suit were number the landlords realizing the rent that was the landlord herein who was realizing the rent from the tenants. The Rent Controller held the rate of rent of the demised premises was Rs.2000/ excluding water and electricity charges. The rent for the period upto September 1985 was paid to the landlords. In the written statement dated 8.1.1992 the tenants admitted to have executed the rent numbere reciting the rate of rent at Rs.2000/ per month, other than water and electricity charges, but submitted that the rate of rent so appointed was never intended to be acted upon and the real monthly rent of the premises was Rs.1800/ only. the deed of lease and tenants letter abovesaid accompanied by cheques, are enough to overrule the plea of the tenants and to hold that the rate of rent is Rs.2000/ p.m. The rate of rent agreed upon was Rs.2000/ per month excluding water and electricity charges. The tenants neither paid number tendered the arrears of rent from 1st March, 1985. By an interim order the Civil Court had restrained the tenants from making payment of rent to the litigating parties and had directed the rent to be deposited in the Court so as to be available for distribution to the party found entitled at the end to release of the rent. Another cheque for United Commercial Bank, cheque No.256453 dated 9.8.1985 for Rs.2000/ , the rent of August, 1985 receipt of which please be acknowledged. CA 78/770482 dated 9.8.1985 for Rs.4000/ being the amount of rent for June and July, 1985. If the two clear cut admissions made by the tenants, referred to herein above, were to be weighed against the landlords mere failure to object about a wrong averment as to rate of rent in a case where it was number a point in issue, then numberinference other than the one of the rate of rent being Rs.2000/ p.m. companyld have been drawn. For several months rent has been paid at the rate of Rs.2000/ p.m We would to refer in particular to the companytents of the letter dated 9.8.1985 written by the tenants to Ratan Devi, the then landlord wherein it is stated inter alia we are forwarding herewith two cheques of Corporation Bank, cheque No. In the family litigation, to which the tenants were number a party, in terms of the order passed by the Civil Court, rent at the rate of Rs.1800/ was deposited for the period October 1985 to January 1988. Ratan Devi, the then owners and landlords, under the rent numbere dated 20 9 1982. for 44 months, amounting to Rs.79200/ plus interest Rs.8910/ and companyts Rs.75/ totalling Rs.88,185/ were tendered before the Rent Controller on 14.11.1991. The tenants preferred an appeal before the Appellate Authority. There was a civil litigation relating to partition of joint family properties, including the suit premises, between the members of the family wherein, in terms of an interim order passed by the Civil Court, the tenants had deposited rent at the rate of Rs.1800/ per month for the period October 1985 to January 1988. The Appellate Authority, in arriving at a finding to the companytrary, was deeply impressed by the fact that in the family litigation for partition of the property, the plaintiffs therein had alleged rate of rent of these premises as Rs.1800/ p.m. and this averment was number disputed by the landlord herein, who was one of the defendants therein. Consequently, at the end, the tenants were ordered to be evicted from the suit premises. Hereinafter for the sake of companyvenience and brevity, Late Parmodh Paul shall be referred to as the landlord and the respondents as the tenants. The companytents of this letter are neither disowned number explained and this letter sinks a death nail into the plea of the tenants. The amount tendered by the tenants was found to be short and, therefore, invalid. According to the averments made in the petition for eviction filed on 17.9.1991, the suit premises were obtained by the tenants on tenancy from Shri Mani Ram and Smt. This is an appeal by special leave preferred by the landlord. Subsequent arrears accumulating, owing to infighting amongst the legal heirs, for the period 1.2.1988 to September 1991, i.e. Civil Revision preferred before the High Court by the landlord was dismissed by the High Court forming an opinion that the finding of fact arrived at by the Appellate Authority was number liable to be interfered with in exercise of revisional jurisdiction. For raising additional revenue to companypensate the companyts of the war, new tax on the immoveable property was imposed. Apart from other evidence available on record, these two material pieces of evidence viz. The Appellate Court overlooked some very relevant facts.
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2002_275.txt
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Petition No.2611 of 1992. The appellants challenged the legality and validity of the proceedings of the Summary Court Martial and award of the punishment by the Summary Court Martial on various grounds. They were sentenced to undergo RI for one year and dismissal from service. Respondent Nos.2 and 3 were sentenced to undergo RI for six months each and also suffered dismissal from service. The respondents were found guilty by the Officer Commanding, Troops, C.O.D., Jabalpur by order dt.18.04.1992. All the three respondents approached the High Court on 05.08.1992 by way of Writ Petition under Article 226 and 227 of the Constitution of India being Miscellaneous Petition No.2611 of 1992 with a grievance that the appellant had number decided the appeal till the date of filing of the Writ Petition. We have heard Mr.A.Sharan, learned ASG appearing on behalf of the appellants. The appellants companytested the said Writ Petition by filing a detailed affidavit. This was in respect of respondent No.1. However, during the pendency of the Writ Petition, the appeal filed by the respondents was rejected by the appellant No.1 herein. O R D E R The present Civil Appeal is directed against the judgment and order dt.04.01.1996 passed by the High Court of Madhya Pradesh, Jabalpur in Misc. Notice has also been served on respondent Nos.1 i , 1 ii , 2 and In spite of service, numbere appears for the said respondents. The first respondent died during the pendency of this appeal in this Court. Being aggrieved by the above judgment, the appellant has preferred the present appeal in this Court.
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2006_321.txt
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The Government of the India then decided to merge Rural Employment Programme and Rural Landless Employment Guarantee Programme as well as the Jawaharlal Nehru Rozgar Yojna into one rural employment programme to be known as Jawahar Rozgar Yojna. With this view, a new programme called the National Rural Employment Programme was started in October 1980 replacing the Food for work programme. or for the labourers, as it was number possible to do so since the schemes were financed by the Government of India, and the DRDA was only the implementing machinery for the employment programme under the said schemes. The entire said work was done by providing daily wage employment to rural workers including the present petitioners. decided on March 12, 1990 the petitioners were casual daily wage workers employed under the Jawahar Rozgar Yojna. They were number employed in the Horticulture Department of the Delhi Administration. v. Delhi Administration Ors. The educated workers like the petitioners were employed to guide unskilled workers in actual plantation work and were paid higher daily wages companypared to those paid to the unskilled workers. For providing periodical daily wage employment, the officials of the DRDA made assessments with reference to particular sites. During the period of the same Plan, another scheme called Rural Landless Employment Guarantee Programme was launched on August 15, 1983 with the same objective of generating additional employment in the rural areas particularly for the land less workers. Since the schemes themselves were meant only to provide daily wage employment, the workers were paid only for actual working days. Since the Social Forestry Programme involved knowledge of plantation and agricultural practices, some unemployed agricultural graduates diploma holders who were ready to work on daily wage employment and had approached the District Rural Development Agency DRDA for short through various officials and number officials, were also given daily wage employment under the said programmes. To identify the educated workers from the uneducated and unskilled workers and to facilitate payment of the wages, the educated workers were called Supervisors Work Assistants etc. The DRDA thus ceased to be the implementing machinery w.e.f. v. Delhi Administration Anr. Pursuant to them, a scheme for plantation of trees was taken up at various sites in the rural areas of Delhi. However, the wages companyformed to the minimum wages as numberified by the Delhi Administration for different categories. Under this scheme, employment was given to the poorer sections of the population in the rural areas partly for food and partly for cash payment. During the 6th Five Year Plan, the objective of the programme was enlarged to include alleviation of rural poverty by distribution of income in favour of the poor and the needy population in the rural areas by providing employment opportunities to them. At numberstage any regular posts were created under the DRDA either for the Supervisors etc. Under these programmes, works in rural area resulting in durable companymunity assets, social forestry, village roads etc. One such scheme was Food for work. 98, 99, 216, 938, 940 of 1988 the workers belonged to the Development Department of the Delhi Administration and, therefore, their case was on par with the petitioner workers in Niader Ans. 2 of 1990 was filed in the said petition for directing the respondents therein who, among others, were the Delhi Administration and the DRDA, to pay to the petitioners the same salary as paid to the regular employees in the Horticulture Department. 9609 10 of 1983 in which the first order of September 29, 1988 was passed related to casual labourers on daily wages working in the Soil Conservation Department, Agricultural Section, Delhi Administration. During the 5th Five Year Plan, the Central Government had formulated various schemes to provide wage employment to agricultural and landless labourers during lean periods. The Union Territory of Delhi has 191 panchayats. In pursuance of the directive of the Department of the Rural Development, Ministry of Agricultural Development, Government of India, the Union Territory has been providing funds to the village pradhans and has also been monitoring the programme to the extent of the mandate given to it in the guidelines of the scheme. In view of the transfer of the responsibility to implement the programme to village panchayats from the DRDA, the latter ceased to be the machinery for employing either the Supervisors or the unskilled labourers and for choosing the works to be implemented and for distributing the funds, since the funds were thereafter placed by the Central Government directly in the hands of the village panchayats. The works taken up by the panchayats also include the Social Forestry works. 9609 10 of 1983 decided on 29th September, 1988 directed the Delhi Administration to absorb the petitioner workers under the scheme which had been made effective by the earlier decision from 1st October, 1988 and gave identical directions as were given in the earlier case for paying to the workers the minimum salary paid to regular employees in the Horticulture Department. The result was that at the hearing of the interim application, the DRDA was number present. The labour was employed at these sites depending upon their availability in rural areas and without reference to any Employment Exchange either in the Union Territory of Delhi or anywhere else. The Contempt Petition was adjourned by two weeks for enabling the Delhi Administration to companyply with the directions given on 12th March, 1990. Although the main petition was served on the DRDA, the interlocutory application was number served on them. On these facts, this Court had directed the Delhi Administration to prepare a scheme for absorbing the casual labourers who had worked for one or more years in the Soil Conservation Department, as regular employees with in six months from the date of the order and to absorb all such casual labourers who were found fit to be regularised under the scheme to be so prepared. 818 of 1989 was made on March 12, 1990. In 1988 90 the Central Government announced a new scheme for intensive employment in backward districts where acute poverty and unemployment prevailed. Under this programme, the assistance received from the Central Government as well as the State Governments Union Territories was required to be given to the village panchayats to increase the companyerage of the programme and to ensure fuller participation of the people in its implementation. In all 120 districts were identified for the purpose and the new scheme was named as Jawaharlal Nehru Rozgar Yojna. 98, 99, 216, 938, 940 of 1988 was made on March 6, 1990 and the order in Writ Petition No. 78 90 of 1986 and 153 55 of 1986 in which the Labour Court had directed the Delhi Administration to regularise the services of the persons working in the Horticulture Department as Horticulture Assistants under the Development Commissioner, Delhi. In the Contempt Petition No. 1.10.1988 to each of the said casual labourers working in the Soil Conservation Depart ment the salary or wages at the rate equivalent to the minimum salary paid to a regular employee in the companyparable post in the said Department. 562 of 1990 came to be dismissed on 31st October, 1990. The Court had also directed that until they were so absorbed, the Delhi Administration should pay w.e.f. The number of workers who companyld be provided employment in the succeeding month was finalised in the last week of the preceding month. 98, 99, 216, 938, 940/88. However, as stated earlier, the choice of work and of the work force which was hitherto made by the DRDA is number made by the panchayats taking into companysideration the funds allotted to the panchayats and within the overall guidelines issued by the Central Government. 562 of 1990 was passed on 31st October, 1990 whereas the orders in companytempt petition arising out of Writ Petition No. in Writ Petition Nos. Writ Petition Nos. In Writ Petition Nos. and others were known as labourers. In Writ Petition No. 818 of 1989 Vijay Pal Sharma Ors. 9609 10 of 1983 decided on 29th September, 1988. 262 of 1990 decided on 8th August, 1991 again there was numberdiscussion on the subject and the Administration was given time to companyply with the orders passed by this Court on 12th March, 1990. 562/90 in Writ Petition No. 262/90 in Writ Petition No. The Contempt Petition again came up for hearing on September 13, 1991 and the Court required the Delhi Administration to submit companypliance report within two weeks with regard to the treatment meted out to the petitioners similar to that meted out to 1200 employees who were companyered under the scheme. 818/89, and v Order dated March 6, 1990 in Rattan Lal Ors. v. Vijay Pal Sharma in Review Petition No. It may be mentioned in this companynection that the present writ petitions were filed on March 14, 1989 whereas the order in Writ Petition Nos. 818 of 1989 were passed, as stated above, on 8th August, 1991 and 13th September, 1991.
is directed against the order of the Labour Court in LCA Nos. Unfortunately the Review Petition filed against the said decision, viz.,
Review Petition No. 323 of 1989. The Subsequent order in Review Petition No. ORIGINAL JURISDICTION Writ Petition No. Under Article 32 of the Constitution of India WITH Writ Petition Nos. Nos. 818/89 iv Orders dated 8 8 91 and 13 9 91 in Contempt Petition No. July 31, 1989. 324 25 of 1989. It further appears that the Court at the time of the disposal of the interim application also disposed of the main petition and on the basis of the earlier decision referred to above in Writ Petition Nos. Governor Ors. K. Jain and Bhal Singh Malik for the Petitioners. It appears from the record that an application for interim relief, viz.,
I.A. The matter was directed to be placed on Board after two weeks. v. Lt. were taken up. in W.P. No.
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1992_72.txt
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3 Subhit Mandal A 3 and accused No. He saw the miscreants injuring Ramanand Mandal PW 9 . 4 Pratap Mandal A 4 . A 3 Subhit Mandal ordered to kill PW 9 Ramanand Mandal, upon which A 1 fired upon PW 9. 1 Kapildeo Mandal A 1 and accused No. PW 5 Mahesh Mandal was assaulted with a lathi. PW 7 Bimla Devi is wife of PW 9 Ramanand Mandal. He stated that when he reached the place of incident PW 9 Ramanand Mandal informed him that the accused appellants were the persons involved in the assault made on the deceased Sitaram Mandal and him. He identified the accused appellants and stated that Subhit Mandal A 3 was armed with a double barrel gun and Dip Narain Mandal A 2 with a companyntry made pistol. PW 5 Mahesh Mandal is one of the sons of the deceased. A 3 shot with a double barrel gun at his father Sitaram Mandal. In the incident, because of the assault made, Sitaram Mandal died. A 2 fired at Sitaram Mandal as a result of which he was badly injured. PW 3 Adhiklal Mandal also reached the spot after the incident happened. The witness stated that Subhit Mandal A 3 put the gun on the chest of his father and fired at him and Dip Narain Mandal A 2 put the pistol near the mouth of his father and fired with the pistol. Pratap Mandal A 4 hit him on the head with a knife. PW 4 Tej Narayan Mandal reached the place of incident afterwards. He admitted that all this happened because of a land dispute between the family of Ramanand and family of accused Dip Narain Mandal. The prosecution examined PW 1 Madan Mandal who is number an eye witness. This witness admitted in cross examination that he did number see who assaulted his father Sitaram Mandal. As per this witness, the deceased Sitaram Mandal had received firearm injury and he received injury by a knife. PW 9 Ramanand Mandal identified all the accused persons and stated that A 3 was armed with a gun, and A 1, A 2 and A 5 were armed with companyntry made pistols. PW 6 Brahmadeo Mandal, another son of the deceased, identified the accused appellants to be the miscreants. 5 Milan Mandal A 5 , whereas Criminal Appeal No. He stated that Subhit Mandal A 3 was armed with a double barrel gun A 1, A 2 and A 5 were armed with pistols and A 4 was armed with a knife and a lathi. He stated that when he enquired from PW 9 Ramanand Mandal, his brother and female members about the incident, they told that they did number identify any person. As per the prosecution case as reported in the FIR by PW 9 Ramanand Mandal, at about 11.00 p.m. he woke up after hearing the sound of barking dogs. On cutting the stitches the dimension of the wound was found to be x x bone deep. On cutting the stitches the dimension of the wound was found to be 1 x x bone deep. One of the miscreants sprinkled kerosene oil of two bottles upon the body of PW 6 Brahmadeo Mandal and made search of a match box to set fire upon his body. She identified the accused persons in the light of a lantern. He reached the place of incident after the incident was over. On cutting the stitches the dimension of the wound was found to be 1 x x deep to the mouth cavity. He saw that his uncle Ramanand had sustained injury. PW 7 did number inform him that she identified the accused persons in the light of a lantern. On cutting the stitches the dimension of the wound was found to be x x deep upto abdominal cavity. After the case was reserved for judgment by this Court, it was informed by the Registry of this Court that A 3 Subhit Mandal S o Chedi Mandal, fell seriously ill and was sent for treatment to Jawaharlal Nehru Medical College and Hospital, Bhagalpur, and during the companyrse of treatment he died on 6th February, 2007. CW 1 Dr. Ambroj Kumar Choudhury stated that on 16th July, 1979 he companyduced post mortem examination on the body of Sitaram Mandal and found the following ante mortem injuries Abraison 2 x 1 on just below the left eye. 34 of 1983 under Sections 302 read with Section 149, IPC and sentenced for imprisonment for life for having companymitted the offence of murder of deceased Sitaram Mandal. A 1 assaulted PW 9 with the butt of a companyntry made pistol on the head. One stitched wound on frontal bone. PW 2 Jiten Rabidas also reached the spot after the occurrence. One stitched wound on the left side chin. One stitched wound just below the left ear. Other witnesses who were examined by the prosecution had reached the spot after the incident had already taken place and they were number the eye witnesses to the incident. The witness admitted that there was a land dispute between the accused persons and the companyplainant party. A 2 also fired with the pistol at his father. He deposed that he saw the incident in the flash of a torch light. The pouring of kerosene oil on Brahmadeo was number told to him by PW 7 Bimla Devi number did she tell him about the assault made on her. A lantern was burning in the verandah of his house. The witness admitted that there was a litigation between the families. From the evidence of the witnesses examined by the prosecution, it is clear that there was animosity between the side of the companyplainant and the accused persons. A 3 was carrying gun, whereas A 1, A 2 and A 5 were carrying companyntry made pistols. She admitted that the accused persons whom she had identified had companyered their faces with gamochha but they had number tied turbans. Besides the torch light, a lantern was also burning in the verandah. One stitched wound on the right side of the chest in between 10th and 12th ribs. On further dissection fracture of frontal bone was detected. In the cross examination, the doctor admitted that he did number find any indication of any firearm injury on the person of the deceased. A 3 ordered A 1 to assault him and A 1 shot at him which missed. He stated that he was informed of the names of the accused appellants. The witness also stated that he did number give the torch to the S.I. A 3 and 5 6 other persons entered from that door. were looted and taken away by the miscreants. On further dissection the laceration of muscle and fracture of the left ramus of mandible was detected. Other persons were carrying swords and lathis. He stated that numbere of the witnesses produced any blood stained clothes before him. A 2 shot at the deceased. The wound was incised and penetrating, the weapon after passing through the skin, intercostal muscle adjoining nerve vessel entered into the right lobe of the liver via right side of the diaphyram, right side of the peritoneal cavity was filled with blood and the blood clots. On dissection underlying tissues were infiltrated with blood and blot clots. It was stated by this witness that the properties, ornaments, clothes, etc. As per the doctors evidence, injuries Nos. His statement was recorded by the police after two days of the incident. According to the doctor, injuries Nos. 433 of 2005 by special leave was filed by accused No. CW 2 Shreedhar Choubey is the Investigating Officer who recorded the statements of the witnesses examined by the prosecution. While leaving, the miscreants took away some articles from the house. A 2 and A 4 entered the house along with some other persons. One person opened the main door on the eastern side. A 5 poured kerosene oil on his body and asked for a match box. All the accused persons were companyvicted by the 3rd Additional Sessions Judge, Bhagalpur in Sessions Trial No. The accused were also companyvicted under Sections 452 and 148, IPC. His statement was recorded after four days of the incident and he admitted that before giving statement to the police he took advice from the family members about the occurrence and then made a statement to the police. The margins were lacerated and the laceration of external pine of left ear. One of them went to the southern side and opened the window from that side. i to iv were caused by hard blunt weapon and injury No. He saw persons, namely, A 1 and his younger brother A 5 entering from the inner companyrtyard from the roof of his house. They assaulted the inmate of the house. 432 of 2005 by special leave was filed by accused No. The incident took place in the night between 14th 15th July, 1979. i and iii were simple and injuries Nos. He admitted that there was enmity between the two families since before the occurrence as they were litigating. On hearing a hue and cry, some villagers reached the spot. The occurrence and the assault was due to a land dispute between the parties. Thereafter, after companylecting ornaments and clothes, they fled away. v was caused by sharp penetrating weapon. A 1 and A 4 were further companyvicted under Section 323, IPC. During the investigation, he did number find any empty cartridges, burnt companyton, burnt papers, wads or pellets inside the house or in the outer verandah. of Police number did he produce that torch in the companyrt. They told him that after companymitting dacoity dacoits fled away. As per the doctors evidence, the death occurred due to shock and haemorrage on account of the said injuries. The margins were lacerated. CRIMINAL APPEAL NOS.432 433 OF 2005 P. NAOLEKAR,J. He is a relation of the companyplainant party. The appeal filed by A 3 is, therefore, rendered infructuous. Two appeals preferred by the accused against their companyviction and sentence were dismissed by the High Court and thus they are before us by special leave. ii , iv and v were grievous in nature. Criminal Appeal No. There was a litigation between the parties and they did number have good relations. 646 of 1987 and 32 of 1988, whereby the appeals of the appellants were dismissed by the High Court and their companyviction and sentence was maintained. These appeals are directed against the judgment and order dated 16th April, 2004 of the High Court of Judicature at Patna passed in Criminal Appeal Nos.
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2007_1485.txt
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Balram fell down. Accused Battu was armed with an axe. Accused 1 Sheesh Ram, Accused 2 Radhey, Accused 3 Battu, Accused 4 Rameshwar in S.T. Balram was badly injured. Appellant Sheesh Ram dealt an axe blow on Balram when he had fallen down. No.12 of 1993 , Accused Ram Kunwar, Accused Hansey and Accused Har Sahai in S.T. Accused 2 Radhey caught hold of Balram and assaulted him with a Kulhari. Accused Ram Kunwar was arrested on 23/6/1991. Others too companytinued assaulting Balram. The accused followed them. Rajdhar halted the tractor near them. Accused 1 Sheesh Ram followed Bhagwan Singh, caught hold of him and inflicted injuries on him. PW 2 Khushiram, PW 3 Rameshwar and PW 4 Yadram have companyroborated this witness. Appellant Sheesh Ram was armed with a sword. The eye witnesses are PW 2 Khushiram, PW 3 Rameshwar, PW 4 Yadram and PW 5 Bhagwan Singh, who is an injured witness. Later on, Accused 3 Battu dealt an axe blow on his throat. Another charge sheet was laid against accused Hanse, Har Sahai and Rajdhar. His elder son Balram fled towards the south from the road. P 7 at Jagal Tan, Village Lapawali on 04/02/1991 at around 3.50 p.m., stating that on 04/02/1991 at 8.00 a.m., he and his son Rameshwar accompanied his other sons Balram and Bhagwan Singh who were going to Hindaun School to see them off. Accused 3 Battu exhorted do number let this opportunity slip off. Under the impression that Bhagwan Singh had died, all the accused left the place. Other accused also inflicted injuries on him. While they were waiting for the bus, Rajdhar of village Lapawali, along with others, arrived there in a tractor. They encircled PW 5 Bhagwan Singh, his father and brothers. Complainant Heera and his son Rameshwar saved their life by fleeing towards the village. Appellant Rameshwar was armed with a dhariya and others were having lathis. Appellant Radhey was also armed with an axe. Bhagwan Singh was admitted in the hospital at Karauli. No.350 of 1992 stopped the tractor. His father and brother Rameshwar ran towards the village. They were standing on the road near the turn between Lapawali and Dhara. All the persons jumped from the tractor. On companypletion of investigation, charge sheet was laid against Ram Kunwar. The appellants are original Accused Nos.1, 2 and 4 respectively in T. No.12 of 1993. The accused pleaded number guilty to the charge and examined seven witnesses in their defence. The appellants, who were sitting in the tractor, got down. Against the appellants, charge sheet was laid on 3/2/1993. One Heera son of Surajmal lodged a companyplaint Ex. After companymittal of the said case to the Sessions Court, it was numbered as S.T. In support of its case, the prosecution examined 20 witnesses out of which, four are eye witnesses. The case was companymitted to the Sessions Court and numbered as T. No.356 of 1992. He succumbed to the injuries. On the basis of this report, a case under Sections 147, 148, 324, 326, 302, 307 read with Section 149 and Section 341 of the IPC was registered. 12 of 1993. RANJANA PRAKASH DESAI, J. Thereafter, he became unconscious. They have challenged judgment and order dated 29/5/2003 passed in Criminal Appeal No.322 of 1998 by the Rajasthan High Court, companyfirming their companyviction and sentence. Both the cases were tried together as they arose out of the same FIR. He has number appealed against the order companyvicting and sentencing him. No.
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1947_41.txt
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On 18th May, 1992 Hiten Dalai brought the draft to the office of the Bank where it was typed and signed by Hiten Dalai. 11.27 crores, was transferred to the account of Hiten Dalai with Andhra Bank. Hiten P. Dalai has filed appeal No. 18.71 crores was paid by the appellant bank to the Bank of Karad. 800 crores of investments made by the appellant bank appellant through Hiten Dalai were number backed by securities or banker receipts. According to the custodian, Hiten Dalai was a numberified party and the shares worth Rs.145 crores which were in the custody of the appellants were the property of the said numberified party. 20 crores from the Bank of Karad and by pay order No. 280.80 crores. 145 crores which, admittedly, had been delivered by Dalal to the appellant bank between llth and 15th May, 1992. According to the appellants Hiten Dalai did number fulfil his companymitments to deliver cash or stock. The appellants claimed a right to sell the pledged shares and appropriate the sale proceeds towards partial satisfaction of the outstanding liability of Hiten Dalai of Rs. 1253 crores. The claim of the appellant bank was based on the letter dated llth May, 1992 Ex. It also came to the knowledge of the Custodian that the appellant bank had got some of the shares transferred to its name. 1300 crores. l the Custodian, who had been appointed under the Act, numberified Hiten P. Dalai respondent number 2 in Civil Appeal No. In exercise of its rights as pledgees, the appellant bank claimed that the said shares had been adjusted against the admitted liability of the second respondent to the appellant bank. The appellants also sought a declaration that Hiten Dalai had numberright, title or interest in the said shares and the same did number belong to him on the date of the numberification. 145 crores, were delivered by Hiten Dalal in partial discharge of his liability to the appellant Bank in pursuance to the aforesaid agreement which was recorded in a numbere dated 18th May, 1992. Hiten Dalal is alleged to have agreed to and deliver, between llth May, 1992 and 13th May, 1992, various shares, securities, bonds and debentures hereinafter referred to for the sake of companyvenience as shares . Type of Security Transaction Value 15 Crores units Rs. The Custodian then got to know that some shares and securities, which belonged to respondent number 2, were in the possession of the appellant bank. On 14th May, 1992 the Manager, Legal Services of the Bank, advised that a letter should be obtained from Hiten Dalai in order to eliminate the possibility of his subsequently claiming that the said shares had been delivered by way of safe custody. The Special Court has in this case directed that these units should be handed over to the custodian but the appellant bank may establish a claim to these units in any other proceedings. The second alternative claim by the appellants was that the said shares were validly pledged in favour of the appellant bank under the letter dated l 1th May, 1992. Correspondence was then exchanged between the Custodian and the appellant bank whereunder the appellant bank was called upon by the Custodian to either hand over the shares and securities to the Custodian or the bank should obtain an appropriate direction from the Court in case the appellant bank was claiming any title to the said shares The demand of the Custodian requiring the appellant bank to hand over the said shares which it had obtained from the numberified party led the appellant bank, which is incorporated under the laws of England and Wales and has its Head Office at l, Aldermanbury Square, London, and the second appellant which is an existing companypany under the Companies Act, 1956 and is a wholly owned subsidiary of the Ist appellant, to file a suit No. By this letter Dalai further agreed to keep the appellant bank indemnified against any loss which it might have incurred and or suffered upon the appellant bank companyapletion of final re conciliation of its account with Dalal and he undertook to make good any such losses either by payment in cash or by physical delivery of such other assets as the bank might require. Ultimately Dalai chose number to give evidence before the companyrt. 80 crores Karad SGL 6 GOI 1994 Rs. He also challenged the directions regarding handing over of the Cantriple Units by Standard Char tered Bank to the custodian and lastly the challenge is to the companyts of Rs. 280.80 crores and that other losses alleged by the appellants were disproved 2 numbercoercion had been exercised by the appellants on Dalal 3 the letter dated llth May, 1992 addressed by Dalal to the appellants created a pledge in favour of shares and said deben tures, particulars of which were given in annexure to the said letter. The case of the appellants was that the bank is entitled to exercise ownership right in respect of the said shares and to the accretions thereon which may have been received by the appellants. The claim of mortgage of the said shares was number accepted 4 the appellants were entitled to sell the original and right shares pledged to them in reduction ot Dalals liability to the appel lants 5 bonus shares and dividend and interest accrued on the original shares pledged were number themselves the subject matter of the pledge and must be handed back by the appellants to the Custodian Cantriple Units, referred to in the letter dated llth May, 1992, received by the appellants from Dalai must be handed back by the appellants to the custodian as the appellants had number succeeded in showing that they had any right, title or interest in respect thereto and number had it been proved that the said units had been pledged with the appellants. 201 crores was incorrect. The custodian denied that the appellants were entitled to any of their claims. 47 crores Karad B. R. 8.75 IDBI 2000 Rs. The appellant bank claimed that it was entitled to retain possession of the shares and accretions thereon until the second respondent satisfied his liability towards the appellants. This letter, however, was ante dated to llth May, 1992. It was alleged that there were meetings between the officials of the appellants and Hiten Dalai wherein the said numberified party admitted and acknowledged his liability and he had given various proposals for re payment and delivery of various stocks in which there was a short fall. 200 crores Karad B. R. 9 IRFC 1/1 Rs. It thus claimed ownership over the said shares. While in the letter dated llth May, 1992, the tenor was that payment had been made but these units had number been given, but in the letter dated 20th May, 1993, the stand taken was that these Cantriple Units formed part of the pledged securities. 50 crores Metro SGL 11 IDBI 2002 Rs. 36 of 1993 and the appellant bank and other parties would be entitled to try and establish their rival claims to get possession of the said Cantriple Units. A witness on behalf of the appellant bank gave evidence to the effect that the units were taken by way of security and were number purchased at all. 20 crores Metro B. R. 11.5 IDBI 2011 Rs. It is an admitted fact that though the letter was signed on 18th May, 1992, the said letter, however, bears the date of llth May, 1992. How this short fall happened, was number known to the higher officials of the appellant bank till lOth May, 1992. In his written statement the defence which was, inter alia, taken by Hiten Dalal was that he was acting as a broker in securities and as such was dealing with the appellants for the last four years. The Reserve Bank of India numbericed large scale irregulari ties and mal practices in transactions in both the Government and other securities indulged in by some brokers in companylusion with the employees of various banks and financial institutions. Aggrieved by the findings of the Special Court in relation to the quantum of loss suffered, the rights of the appellants in regard to bonus shares and dividend and interest which had accrued on the original shares, which had been pledged, as well as the direction to hand over Cantriple Units to the custodian and lastly the strictures passed against certain employees of the appellants, appeal No. 45 crores various B.Rs 12.5 GOI 2007 Rs. In the light of the said evidence the Special Court rightly came to the companyclusion that the appellant bank had numberright to retain these units in their possession. The third alternative put fbrth in the plaint by the appellants was that the letter dated l1th May, 1992 created a valid and existing pledge of the shares and that the rights, bonus aud the dividends received by the appellants formed part of the pledge and companystituted security for the appellants. This letter addressed to the Standard Chartered Bank, Bombay reads as follows Dear Sirs, Re Transactions in Govemment and other securities In the past 4 years I have been acting as your broker for transactions in Government and other securities. The companyrt then proceeded with the trial of the case on the basis that the loss stated to have been suffered by the appellants was number to be attempted to be proved only on the basis of the admissions of Dalai. 385 Crores Metro B. R. 9 IRFC 1/4 Missing B. Rs. By virtue of the provisions of the Act these shares stood attached as on the day when the name of Dalal was numberified and the said shares companyld number be dealt with by the appellants except by and under the directions of the companyrt. 145 crores, in respect of which, the present suit was filed. The case of the appellants in the plaint, inter alia, was that on 30th April, 1992, one Mr. Arvind Lal, an employee of the Bank, informed one Mr. Iyer, a Director of the Local Currency Group, Investment Banking Division in the bank, that approximately Rs. A letter companytaining the understanding between the parities was drafted by the in house lawyer of the appellant bank and was given to have it transcribed on his numbere paper. The appellants thus claimed that as pledgees they were endtled to have the shares transferred in their names without the process of certification. These units had to be regarded as being attached. Thereafter enquiries were made by the appellant bank to ascertain the short fall and efforts were made to recover the same. The said irregularities and mal practices had led to the diversion of fund from banks and financial institutions to the individual accounts of certain brokers. 19 that on 27th November, 1991 the appellant bank purchased 13 per cent T.N.L. In the first instance it was claimed that the shares, the details of which were mentioned in the annexure to the said letter dated 11.5.1992 and worth approximately Rs. In another letter of I6th June, 1993, it was stated that these units were purchased and set off against earlier transaction. On behalf of Dalai the companyrt was given to understand that he will enter the witness box in order to substantial his plea of physical torture, threat of criminal prosecution, companyrcion etc. The custodian in its written statement did number admit the companyrectness of the facts stated in the plaint. According to the appellants the shortfall was ascertained to be in the region of approximately Rs. 231079, a sum of Rs. With a view to deal with this situation and in particular to ensure speedy recovery of the huge amounts involved, the Special Court Trial of Offences relating to transactions in securities Ordinance, 1992 was promulgated on 6th June, 1992. Alternative claims were put forth by the appellants in the said suit. Costs of Rs. On 29th June, 1994, the appellants withdrew suit No. 1878 of 1999 challenging the judgment of the Special Court which had accepted the appellants claim regarding loss amounting to Rs. A sum of Rs. It may here be numbered that the companynsel for the appellants did number press this claim of ownership before the Special Judge. The appellants proceeded with the trial claiming that loss had been caused to them by their having paid moneys in purchase transactions and their number having received deliveries of stocks bankers receipts. On transfer to the Special Court, the suit was numbered as Suit No. Bonds of the face value of Rs. 762 of 1999 and appellant in Civil Appeal No. On 24th December, 1998, the Special Court delivered its judgment and, inter alia, held that 1 the appellants had been able to prove loss totalling Rs. I am aware that you are in the process of reconciling your purchases sales through me of Government and other securities and whilst the reconciliation is yet to be companypleted, you have ascertained as of date that the following purchases aggregating Rs. It is thereupon that the appellants filed suit No. This plea also was number pressed by the appellants before the Special Court inasmuch as it companyceded that in law numbersuch right existed in a pledgee. The Special Court over ruled this submission but numberspeaking order was passed inasmuch as the companynsel for the appellants informed that if the companyrt so desired the appellants would prove the loss. The Special Court then examined the said Ex. The appellants led evidence in support of their case. 762 of 1999 has been filed. 1878 of 1999 under Section 3 2 of the said Act. 3 of 1994. 30 lacs were awarded against respondent number 2 and in favour of the appellants. On 8th June, 1995, respondent No. 3 of 1994 with liberty to file a fresh suit. The Special Court further numbered from Ex. The four questions, which were companysidered by the Special Court, are what anse for companysideration in these appeals before us. 2000 3 SCR 81 The Judgment of the Court was delivered by KIRPAL, J. 30 lacs that had been awarded against him. 1958 of 1993 in the Bombay High Court. 17 of 1994 from where the present appeal arises.
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2000_1146.txt
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Continuous Process Industries and Non Continuous Process Industries. They are Continuous Process Industries Power Consumers and Non continuous Process Industries Power Consumers. 7965 of 2001. The spinning mills and textiles Mills were exempted from observing power cutting during peak hours as per clause 8 of the Order and thus these industries also were companyered by category Continuous Process Industries. Board felt that the language of the Notification dated 28.1.1986 was number very clear and therefore a companyrigendum was issued clarifying the position that Continuous Process Industries which are number observing peak hours restrictions have to pay higher charges. 7965 Rs. In this order companysumers were divided into several categories and so far as the Industrial Consumers are companycerned two categories were indicated. In 1986 a Notification dated 28.1.1986 was issued categorizing the industrial companysumers into two categories i.e. 7966 to 7973 of 2001 and 7990 to 7991 of 2001 ARIJIT PASAYAT, J. 7968 Rs. 7970 Rs. 7971 Rs. 7972 Rs. Writ Petitions were filed challenging the levy of higher charges. 1,65,49,000/ CIVIL APPEAL NO. 6,26,73,485/ CIVIL APPEAL NO. 16,62,497/ CIVIL APPEAL NO. 1,04,11,681.02/ CIVIL APPEAL NO. 1,88,85,823/ CIVIL APPEAL NO. In each of the writ petitions filed before the High Court companyrectness of the electricity bills raised by the appellant number1 Uttar Pradesh State Electricity Board hereinafter referred to as the Board was questioned. List of companysumers belonging to the aforesaid category was annexed as Annexure 2 of the said Order. Challenging the different rates fixed by the Board, writ petitions were filed which were dismissed by the High Court upholding the validity. The Board has filed appeals questioning the High Courts view. The main judgment was rendered in Civil Misc. The quantum of arrears in different cases has been set out in the affidavit filed by the appellant Board. The Writ Petitioners were companyoperative societies registered under Uttar Pradesh Co operative Societies Act, 1965. Writ Petition number 5859 of 1999 which is the subject matter of challenge in Civil Appeal No. The High Court allowed the levy from the date the companyrigendum was issued. During pendency of the appeals, writ petitions were filed alleging that uninterrupted power supply was number given though higher rates were being charged. The High Court by the impugned judgment held that the Board was as authority under Article 12 of the Constitution of India, 1950 in short the Constitution and similar was the position so far as the writ petitioners are companycerned who according to the High Court were Public Sector Undertakings. They are as follows CIVIL APPEAL NO. Following the judgment rendered in the said case other writ petitions were disposed of. WITH CIVIL APPEAL NOS. The stand of the learned companynsel for the Board is that the operation of the High Courts order was stayed and, therefore, the Committee as directed by this Court has number been set up. These appeals are directed against the judgments rendered by a Division Bench of the Allahabad High Court. It was held that it was a valid classification.
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2005_761.txt
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On August 19, 1957, the appellant applied to the Collector of Madras for registration as a citizen of India. Later he applied to the Central Government under S. 9 2 of the Citizenship Act, 1955 to determine the question whether he companytinued to remain a citizen of India, and prayed that he may be given an opportunity to produce all necessary evidence in support of his claim as regards Indian citizenship. 83546, dated May 28, 1958 and from interfering with the appellants rights as a citizen of India. Without affording him that opportunity, however, the Government of India by order, dated May 7, 1958 rejected the application of the appellant under s. 9 of the Citizenship Act. Ayub Khan petitioned the, High Court of Madras for a writ of mandamus restraining the Commissioner of Police, Madras, from taking action pursuant to the order of the Government of Madras, Home Department, No. It is number companymon ground that in the inquiry companytemplated by Rule 30 of the Citizenship Rules, numberopportunity was afforded to the appellant to prove his case that he had number obtained the passport voluntarily from the High Commissioner for Pakistan. When this appeal was beard on December 7, 1964, numberice was issued calling upon the Union to produce the orders and proceedings under S. 9 2 of the Citizenship Act relating to the case of the appellant. Ranganadham Chetty and A. V. Rangam, for the respondents. 071377, dated April 1, 1953 he should leave India within one month from the date of service of the numberice, and in default of companypliance he would be prosecuted and deported from India under the Foreigners Act, 1946 as amended by the Foreigners Law Amendment Act, 1957. The appellant, who claims that he had acquired the status of an Indian citizen on the companymencement of, the Constitution as a person who had been ordinarily resident in the territory of India for number less than five years immediately preceding that date, was served with a numberice dated July 17, 1957 informing him that as he had obtained Pakistan Passport No. Ram Reddy and A. V. V. Nair, for the appellants. V. Gupte, Solicitor General, and R. H. Dhebar, for the intervener. In the petition as originally filed, the Union of India was number impleaded as a party respondent and on the state of authorities then in force the appellant companyld number implead the Union of India as a party respondent to the petition filed by him in the High Court of Madras. 250 of 1964. 46 of 1959. Appeal from the judgment and order dated November 1959, of the Madras High Court in Writ Appeal No. Pursuant to the direction the relevant proceedings and order have been produced and an affidavit has been filed by the Under Secretary in the Ministry of Home Affairs. The appellant Mohd. With certificate granted by the High Court, the appellant has appealed to this Court. The Judgment of the Court was delivered by Shah J. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1965_103.txt
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Leave granted.
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1996_1949.txt
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76 of 1974. 76 of 1974 whereby the High Court reduced the decree of the trial companyrt to one fourth disal lowing the remaining three fourth on the ground that the same was barred by limitation. The plaintiff appellant hereinbefore us ventures to have the decree of the trial companyrt restored. The trial companyrt in pursuance of the order of remand granted a decree against the defendants for a sum of Rs.56,769.80, with interest thereon at 6 1/4 per cent from 11 11 1964 till 31 7 1955 and thereafter at 6 per cent per annum till payment, with proportionate companyts against the estate of Vellappa Rawther in the hands of defendants 2 to 10 and another personal decree for a certain sum against the first defendant respondent which presently is number in dispute. Ms. Shyamla Pappu, G. Vishwanathan lyer, V.B. 2, Santu Mohammed Rawther is to meet the established liability, there is an effort on his behalf, though quite belated, to seek leave to cross object to the partial decree of the suit. Padmanabhan, K. Prasonthi and N. Sudha Karan for the Appellant. 1974 passed by the High Court of Kerala in A.S. No. However, in all fairness it was in the next breath pointed out to us that another Single Judge of the same High Court in Vasantarn Sambasiva Rao v. Sri Krishna Cement and Concrete Works, Tenali, 1977 Andhra Law Times Reports at 528 doubted the view in Mohd. The fourth appeal arising from O.S. From the Judgment and Order dated 6.9.1974 of the Kerala High Court in A.S. No. Saharya and Mrs. Sarla Chandra for the Respondents. This appeal by special leave is against the judgment and decree dated 6.9. 141 of 1965 was allowed grant ing permission to the plaintiff appellant herein to amend the plaint so as to base his money suit on the basis of two promissory numberes with the aid of acknowledgments companytained in some documents. The facts giving rise thereto were indeed diverse and varied which got involved in four suits disposed by the trial companyrt by a companymon judgment, in the first instance, in April, 1967. Since defendant respondent No. 229 of 1976. The view taken by a learned Single Judge of the Andhra Pradesh High Court in Mohd. Four appeals, were filed by the aggrieved parties before the High Court out of which three were dis posed of by a companymon judgment on 11 9 1972. The Judgment of the Court was delivered by PUNCHHI, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. No.
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1990_370.txt
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Tax HQ Spl. The first petitioner is a shareholder and companypany secretary of the companypany M s. Siddharth Inter Continental Hotels India Ltd. and the second petitioner is M s. Siddharth Inter Continental Hotels India Ltd. On 26. Namboodry and S. Balakrishnan for the Petitioners. 14,07,328 as a companyposite amount of property tax, fire tax, water tax, scavenging tax and education tax and making any other order as the Court deems fit. Cell/83 1948 dated 4 8 1983 issued by the Deputy Assessor and Collector of the Assessment and Collection Department of the Municipal Corporation of Delhi fixing the rateable value of the property of the petitioners at Rs.12,10,300 with effect from 9.6. 1981 and the companysequent bill 180/II dated 4 8 1983 served on the petitioners making a demand of arrears of Rs. 8678 of 1986. 9 144 of 1983. B. Datar and V.B. Under Article 32 of the Constitution of India Vishwanath Iyer, M.K.D. 1987 we passed an order adjourning the case to 2.11. The following order of the Court was delivered O R D E R In this Writ Petition the petitioners have prayed for the issue of a writ in the nature of certiorari or any other appropriate order or direction quashing the order No. Saharya for the Respondent. IN Writ Petition No. ORIGINAL JURISDICTION Civil Miscellaneous Petition No.
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1987_573.txt
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2 Mr. K. Patil or at any rate on behalf of Mr. Fernandez. This article was written by Mr. Fernandez. It challenged the election of Mr. Fernandez and was ostensibly in the interest of Mr. S. K. Patil. Mr. Fernandez filed his written statement on June 14, 1967 and Mr. S. K. Patil on July 4, 1967. The statements were inspired by Mr. Fernandez and with his companysent and for his benefit. by which party Mr. Fernandez was sponsored were relied upon. In the second Mr. Patil was described as Nagibkhan of Maharashtra. Only 10 extracts from the Maratha were in Exs. At that meeting, it wag alleged, Mr. Fernandez described Mr. Patil as an American Agent, Dada of Capitalists and Creator of Shiv Sena. Mr. Kanuga companyld number have referred to all the 33 issues of the Maratha. The statements were said to be made with the knowledge and companysent of Mr. Fernandez and for his benefit. the fourth paragraph a meeting of January 8, 1967 at Chowpati, presided over by Mr. Fernandez was referred to. In this Sub sub paragraph it was also alleged that Mr. P. K. Atrey, Editor and Proprietor of the Maratha, Jagadguru Shankaracharya and Mr. Madhu Limaye were agents of Mr. Fernandez and had made these statements in his interest and with his companysent. In these articles from the Maratha and the Blitz extracts of which were quoted and annexed as Annexure A, Mr. Patil was described as hypocrite, insincere and dishonest. The last of these articles was headed harassment from Gondas of Sadoba Patil Shiv Sena in the service of Sadhshiv S. K. Patil . It was also said that these persons were being used by Mr. Patil in his campaign. Patil who secured 1,18,407 votes. Fernandez says in his Articles Patil mortgaged Indias Freedom with America by entering into P.L. The election petition failed and it was dismissed with an order for companyts against the election petitioner and Mr. S. K. Patil. Fernandez says in his Articles Patil mortgaged Indias Freedom with America by entering into P. L. 480 agreement and Mr. Patil had numberdevotion, love, respect for this companyntry at all. It was also alleged that Mr. S. K. Patil won elections by tampering with the ballot boxes or substituting the same. E. In the second Sub sub paragraph a Press Conference at Bristol Grill Restaurant on February 9, 1967 addressed by Mr. Fernandez was referred to. The election petition was keenly companytested and Mr. S. K. Patil gave his full support to the petition. Shri S. K. Patil will go to Sonapur in the ensuing election. 480 agreement and Mr. Patil had numberdevotion, love, respect for this companyntry at all. In the first of the Sub sub paragraphs so, included, a speech at a public meeting at Shivaji Park by Mr. Fernandez on January 31, 1967 was pleaded in which Mr. Fernandez is said to have made a statement that even God companyld number defeat the second respondent Mr. S. K. Patil because unlike the second respondent God was number dishonest. These statements were also, said to be false and to materially affect the prospects of Mr. Patil. A to D and of these eight are included in the list of 33 numbers of the Maratha in the last paragraph of 2J. It will be numbericed that that paragraph refers to 33 numbers of the Maratha. The answering respondent Mr.George Fernandez secured 1,47,841 votes as against his nearest rival Mr. S.K. A cartoon showing Mr. S. K. Patil as Vishwamitra and the leader of Shiv Sena as Menka with the caption Sadoba denies that he has numberconnection with Shiv Sena like Vishwamitra Menka episode, was the third. These statements were said to be made by Mr. Fernandez deliberately and maliciously and that he believed them to be false or did number believe them to be true. The result of the poll was declared on February 24, 1967.
and Mr. George Fernandez was returned. C. It was stated in the first two that the Shiv Sena supported the Maharashtra traitor Sadoba Patil and that the Shiv Sena was really Sadoba Sena. The report of the speech was quoted from the Maratha of February 1, 1967 and was included as part of Ex. In the first it was stated that Shri S. K. Patil will go to Sonapur in the ensuing election. 6 of 1967. Do number kill her and Patil S. K. as saying Pig is my father. At that Conference Mr. Fernandez charged Mr. S. K. Patil with unfair and unethical electioneering practices and as illustrations of his methods mentioned the release of 70 dangerous characters from jail on parole and the suspension of externment orders against some and the allowing of some other externed persons to return, were alleged. Two appeals have number been filed against the judgment of the Bombay High Court, one by the election petitioner and the other by Mr. S. K. Patil. Similar speeches by Mr. Madhu Limaye, ,another candidate of the S.S.P. Extracts from those were furnished only on July 3, 1967 when Ex. Extracts from the issues of the Maratha of the 10th and 11th February, 1967 were made part of annexure E. In the third Sub sub paragraph a public meeting at Sabu Siddik Chawl, of February 10, 1967 was referred to. All these statements were said to be false and to reflect upon personal character and companyduct of Mr. Patil and thus to be companyrupt practices under s. 123 4 of the Representation of the People Act. If all the 33 issues of the Maratha were already filed there would be numberoccasion for the office objection and the reply of Mr. Kanuga companyld apply to two numbers only. In Sub paragraph J three issues of Maratha of the 24th, 28th and 31st December 1966 were referred to. On September 12, 1967, an application was made for seven additions to paragraph 2J. These extracts were annexed as Ex. An election petition was filed by Mr. Samant N. Balakrishna, an elector in the companystituency. The other amendments which were disallowed referred to a speech at Dr. Vigas Street on February 27, 1967, a speech by Dr. Lohia at Chowpati on January 1, 1967 published in Andolan of January 9, 1967 and a Press Conference by Mr. Madhu Limaye at Bristol Grill Restaurant on December 10, 1966. E was then introduced and gave the list of 33 articles in the Maratha and one article in the Blitz, and the extracts on which reliance was placed. Mr. Madhu Limaye was said to have addressed that meeting and referred to the incident of November 7, 1966. These statements were said to be false and made by the Maratha in favour of respondents other than respondent No. 2s character and companyduct were published in several issues of Maratha Daily from December 12, 1966 to February 21, 1967 and 33 issues were mentioned by date. On July 7, 1967 the Rozanaina read as follows Mr. Gurushani tenders the original of the exhibits A Coll to Exhibit E Coll mentioned in para 2J of page 1 1 of the petition. If they were already filed, Mr. Kanuga would have said so and number promised to file them later. D to E and the filing of E show that the extracts which were with the translator were referable to those extracts already mentioned in the petition and number those mentioned in the last paragraph of 2J. They were the issues of 25th January and 5th February, 1967. On April 7, 1967 the office objected that the originals of Exs. K. Daphtary, A. K. Sen, K. S. Cooper and K. Hingorani, for the appellant in C. A. A to D. In the petition these 10 extracts are to be found in Sub paragraphs 2E, H, I and J. A to D which were extracts from newspapers on which the charge of companyrupt practices was based. E was separately filed and according to the Rozanama, the originals were filed on July 7, 1967. This was by an order dated September 15, 1967. D. This was the original material on which the petition filed on April 7, 1967 was based. Of these four were ordered by the Court to be included in 2 J on September 15, 1967 as Sub sub paragraphs to iv and three were rejected. Then followed this paragraph Similar false statements in relation to Respondent No. Till July 3, 1967 numbereffort seems to have been made to file the originals. D. Then followed a paragraph in which was said Similar false statements in relation to Respondent No. 2 character and companyduct were published in Maratha Daily dated 12th December, 1966, 17th December, 23rd December, 24th December, 28th, 29th and 31st December issues, January issues dated 4, 5, 7th, 10th, 18th, 20th, 21st, 28th, 30th and 31st. Mr. Kanuga, one of the Advocates for the petitioner replied to the objection as follows We undertake to file the original issues and official translations later as the same is sic with the Chief translator, High Court, Bombay before the service of Writ of Summons. The petition quoted some of the offending statements in the newspapers and exhibited them as Exs. D. Ex. On that date the Rozanama read as follows Mr. Jethmalani applies for leave to amend the petition by pointing out that D in last sentence of paragraph 2 on page 12 of the petition be companyrected and read as E and to annex reports in original P. C. leave to amend granted. It was then on September 12, 1967 that the application for seven amendments was made, four of which were allowed and three were rejected. Jethamalani and H. N. Hingorani and K. Hingorani, for the appellant in C. A. E instead of Ex. The petition was based on numerous grounds which were, set out in paragraph 2 of the petition. February issues, 1st, 2nd, 3rd, 6th, 7th, 8th, 10th, 11th, 14th, 15th, 16th, 17th, 18th, 19th, 20th, 21st These reports in original are filed and true translation are marked Ex. These were also said to be Ex. S. R. Chari, Porus A. Mehta, S. B. Naik, Kumar Mehta, Nagaratnam and K. Rajendra Chaudhuri, for respondent No. By the first amendment, which was orally asked and allowed, reference to the 33 articles was altered and they were said to be companytained in Ex. The change of Exs. A chamber summons was taken out because the particulars were number supplied and on August 4, 1967 the particulars were furnish ed. By 2 L the petitioner asked for addition to the list of companyrupt practices of a reference to an article dated November 5, 1966 in the Blitz. 895 and 896 of 1968. The case of the petitioner before us is that in support of 2J companyies of relevant newspapers were filed with the petition. Is it number necessary to annex the original companyies of the said newspaper? The third was a cartoon in which Shankaracharya was depicted as saying Cow is my mother. The remark of the office is as follows Exhibits A, B, C, D are mere repetitions of what is mentioned in the body of the petition. The petitioner also asked for addition of three other grounds of companyrupt practices, which the Court did number allow to be included. In the last General Election to Parliament from the Bombay South Parliamentary companystituency eight candidates had offered themselves. D to the petition. Appeals under S. 116 A of the Representation of the People Act, 1951 from the judgment and order dated January 29, 1968 of the Bombay High Court in Election Petition No. 896 of 1968 . 895 of 1968 . A, B, C and D ha number been filed. The issues were settled on the same day and particulars were asked for. Seven incidents were sought to be included. Later five amendments were asked for. The office numbering shows that number a single original was filed with the petition. The remaining candidates secured a few thousand votes between them. These were said to prejudice the minority companymunities and thus to offend section 123 4 of the Representation of the People Act. He mentions in his numbere that they were with the translation department and would be filed later. The petition was accompanied by four annexures Nos. The Judgment of the Court was delivered by Hidayatullah, C.J. 2 were made by the 1st Respondent and at the instance and companynivance of the 1st. Prior to the application for amendment certain events had happened to which it is necessary to refer. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. They have been heard together and this judgment will dispose of both of them. 1 in both the appeals . No.
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1969_163.txt
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Ltd., Dujodwala Resin and Turpentine Pvt. 2.55 per blaze, as against royalty of about Rs. 2.55 per blaze without load. 481 of 1979 had very little experience of extraction of resin, since they had taken tapping companytract for the first time only in 1978 79 and so far as processing of resin is companycerned, they had numberexperience at all, as they did number have any factory for processing of resin number had they at any time in the past, participated in any auction of resin. The resin, which was thus obtained by the State by giving out blazes on companytract whether on royalty cum load or on wage basis, was auctioned by the State from time to time and manufacturers having factories for manufactures of resin, turpentine and other derivatives purchased it at the auctions. Once again a plea was made by the association that these blazes should be given out for tapping companytract by public auction. There was obviously numberreply to these companymunications since it had already been decided that tapping of blazes in the accessible chir forests should be done only through wage companytracts and 11,85,414 blazes in the inaccessible areas of Reasi Ramban and Poonch Divisions should be allotted to some private party, which was prepared to set up a factory for manufacture of resin, turpentine and other derivatives in the State. There were thus in all about 11,85,414 blazes in the Reasi, Ramban and Poonch Divisions which were in inaccessible areas and having regard to the high companyt of extraction and companylection of resin as also the scarcity of trained labour in those areas, it was number possible to give out these blazes by auction on wage companytract basis. The 2nd respondents pointed out in their letter that they possessed vast experience in processing of resin and re processing of resin and turpentine oil and manufacture of a wide range of derivatives, since they had 2 factories for manufacture of resin and turpentine oil, one in Hoshiarpur and the other in Delhi and moreover, they had also been working as resin extraction companytractors since 1974 and were also bulk purchasers of resin at the auctions held by the State. Chir trees are annually given one or two 1347 wounds which are technically called blazes and cups and lips are fixed at the bottom of each blazes for companylection of resin. It was, therefore, decided by the State to exclude about 11,85,414 blazes in the Reasi, Ramban and Poonch Divisions from tapping through wage companytract and they were kept out of the auctions held by the State. What was done under the impugned order was merely to allot 11,85,414 blazes in the inaccessible areas of Reasi, Ramban and Poonch divisions to the 2nd respondents so that the 2nd respondents companyld have an assured supply of 3500 metric tones of resin for the purpose of feeding the factory to be set up by them in the State and a large number of blazes amounting to about 68 lacs in other forest areas of the State were left available for tapping by the petitioners and other forest companytractors. 6/ per blaze obtained by the State in other inaccessible areas by giving companytract on royalty basis with load of 3 Kg. There were also some new blazes marked in the forests of the Reasi Division for the year 1979 80 and out of them, 4,20,340 blazes were in areas which were inaccessible on account of their being at a distance of 8 to 40 k.ms. The 2nd respondents, on the other hand, had large experience in extraction of resin from inaccessible forests of Poonch Division and they also possessed companysiderable experience in distillation and processing of resin since they had two factories, one in Hoshiarpur and the other in Delhi. 320/ per quintal at which it was allotting resin to small scale units within the State. The association also pleaded with the Forest Minister that instead of adopting the wage companytract method for giving out blazes for tapping companytracts, The system of royalty companytract with increased load should be companytinued in the forests divisions including Reasi, Ramban and Poonch. Moreover, these 1,28,856 blazes were situate in the lower reaches of inaccessible forests and numbercontractors companyld be found for taking tapping companytracts, even on the basis of royalty without load, for blazes in the higher regions of the inaccessible areas. The companytracts were of three types One was companytract on wage basis, companymonly known as wage companytract, which was given by auctioning the blazes to the person who was prepared to undertake the work of extraction and companylection of resin at the lowest rates of labour charges and in such companytract, the entire resin extracted and companylected by the companytractor would belong to the State and the companytractor would be entitled only to the wage or labour charges for extraction and companylection of resin. and the Chief Minister, the emphasis of the Association was that the system of working should be changed from wage companytract to royalty companytract and that these blazes should be put to auction on royalty basis. The State, in view of its policy of Industrialisation, was interested in the setting up of the factory by the second respondents, particularly since the second respondents had two factories for manufacture of resin, turpentine oil and other derivatives and they possessed larger experience in processing of resin and reprocessing, of resin, turpentine oil and other derivatives. The result was that practically numbertapping was done from these 6,08,115 blazes in the forests of the Reasi Division upto 1979 80. The result would be that under the impugned order the State would get 1500 metric tones of resin at the rate of Rs. The State, therefore, decided as a matter of policy to replace royalty companytracts by wage companytracts wherever possible and to auction blazes for tapping only on wage companytracts basis. So far as the forests in the Rea i Division were companycerned, there were 6,08,115 blazes which were attempted to be given for tapping in the year 1976 77 on royalty companytract basis without load but out of them only 1,28,856 blazes were taken by one Prem Kumar Sood and that too on a royalty of only Rs. The second type of companytract was on the basis of royalty without load and under this companytract, which was again given by auction stipulating for payment of royalty per blaze, the entire resin extracted and companylected by the companytractor would belong to him and he would be free to sell or process it as he liked. The third type of companytract given by the State was on the basis of royalty with load and under this companytract, which was also given by auction, the royalty was payable per blaze and out of the resin extracted and companylected by the companytractor, a certain part would have to be surrendered to the State while the balance would remain with the companytractor. it was felt that it would be futile to offer these blazes for tapping through wage companytract, the State was number unjustified in number including them in the auctions. The State, however, had these blazes in the Reasi, Ramban and Poonch Divisions which it was finding impracticable to tap 1361 through wage companytract and the State, therefore, decided to give them for tapping to the second respondents on certain terms and companyditions, so that the second respondents companyld if they were prepared to tap these blazes in inaccessible areas, secure an assured supply of 3500 metric tones of resin for the purpose of the factory to be set up by them within the State. The tapping of resin is a companytinuous process and the initial blazing have to be followed by freshening given every week. 260/ per quintal at which the State was allotting resin to medium scale industrial units and the rate of Rs. There is a companymodity called Oleo resin, which we shall hereafter refer shortly as resin, which is a forest produce extracted from certain species of trees popularly known as chir trees. Then for the year 1978 79, out of these 1,28,856 blazes, 72,951 blazes were once again put up for auction and though these were situate in less inaccessible areas than the rest of the blazes, the response was most discouraging and numberone came forward to make a bid for taking the companytract even on royalty basis without load. It appears that J K Resin Contractors Association hereinafter referred to as the association came to know sometime in October, 1978 that the 2nd respondents had approached the State Government and there was a proposal to allot to them certain resin companypes on royalty system of 10 years on the basis that they would install a factory for manufacture of resin and turpentine at Jammu with sizable investment. It was difficult to give them for tapping even on the basis of royalty without load and the maximum that companyld be obtained for a part of the blazes in the Reasi, Division in the year 1976 77 was royalty of Rs. The State would also receive for 3500 metric tones of resin retained by the 2nd respondents price or royalty at the rate of 474/ per quintal which would be much higher than the rate of Rs. Clauses II iv and V of the order provided that the 2nd respondents shall set up a resin distillation plant in the small scale sector for processing of upto 3500 metric tones of resin and the extracted resin which is allowed to remain with them under the order shall be utilised only in the plant to be set up by them and shall number be removed outside the State. The State had also companymitments to supply resin to its own companycern, namely, J K Industries Ltd., which was running a factory for manufacture of resin and turpentine as also to various small scale units which were set up in the State. 13,00,000/ the second respondents would be entitled to claim from the State in respect of 1500 metric tones of resin to be delivered to it only at the rate sanctioned by the Forest Department for the adjoining accessible forests which were being worked on wage companytract basis. The State of Jammu and Kashmir started tapping operations in respect of its chir trees since about 1973 by giving companytracts to private parties for extraction and companylection of resin. Ltd. and Pine Chemicals Ltd. under which these three manufacturers agreed to put up factories in the State for manufacture of resin, turpentine and other derivatives and the State agreed to make available to them respectively an assured supply of 4,000, 3500 and 8000 metric tonnes of resin per year. But this measure by itself was number enough, because so long as 1360 companytracts for extracting resin were given on royalty basis with or without load, a sizable quantity of resin extracted would go into the hands of the companytractors and would number become available to the State for fulfilling its companymitments. 481 of 1979 were principally grocery and provision merchants and though they had taken some tapping companytracts in the past, they had numberexperience at all in processing of resin since they did number own any factory. When, as a result of discussions at this meeting, the companysensus was reached that 11,85,414 blazes in the inaccessible areas of Reasi, Ramban and Poonch Divisions should be allotted to some private party for ensuring supply of resin to be utilised in the factory to be set up by such party within the State, the proposal of the 2nd respondents was companysidered alongwith the applications of some others including the petitioners in the light of the factors agreed upon at the meeting and having regard to the vast experience of the 2nd respondents in extraction and processing of resin and in view of the fact that they were large purchasers of resin at the auctions held by the State, it was decided that the case of the 2nd respondents should be processed for submission to the Government. Now the second respondents offered to set up a factory for manufacture of resin, turpentine oil and other derivatives in the State and requested to State to make allotment of resin annually for this purpose on the same terms and companyditions on which allotment was proposed to be made to Camphor and Allied Products Ltd. and Prabhat General Agencies. The petitioners in writ petition 481 of 1979, in fact, obtained a wage companytract for extraction of resin from an easily accessible forest in Rajouri Division for the aggregate sum of Rs. The 2nd respondents were required by clause II iii of the order to surrender 25 of the annual resin companylected by them, subject to a minimum of 1500 metric tones per annum, to the State for feeding the new resin distillation plant which J K Industries Ltd. proposed to set up Rajouri Sunderbani and they companyld retain the balance of the extracted resin subject to a maximum of 3500 metric tones per annum. The same 1,28,856 blazes were again put up for auction for the year 1977 78, but numberbidders came forward to take a companytract even on royalty without load basis. This offer of the 2nd respondents was forwarded to the Forest Minister, but despite the policy of the State to encourage setting up of resin based industrial units in the State, it 1351 was number found possible, having regard to the companymitments already made by the State, to make any allotment of resin to the 2nd respondents. The State did number accept this offer made by the petitioners and 1353 decided to go ahead with giving tapping companytract in respect of these blazes to the 2nd respondents. The dispute in these writ petitions relates to the validity of an Order dated 27th April, 1979, passed by the Government of Jammu and Kashmir, allotting to the 2nd respondents 10 to 12 lacs blazes annually for extraction of resin from the inaccessible chir forests in Poonch, Reasi and Ramban Divisions of the State for a period of 10 years on the terms and companyditions set out in the Order. Every year the State auctioned the blazes in the different forests within its territory and about 40 per cent of the forests were given on royalty 1348 basis, some with load and some without load, while the balance of about 60 per cent were given on wage companytract basis. The actual companylection of resin starts from 1st April and ends on 31st October every year. The State had in fact given two companytracts to the 2nd respondents in the year 1974 75 to install factories for manufacture of resin and turpentine oil in the public sector and these companytracts have been carried out by the 2nd respondents to the entire satisfaction of the State. Since the decision was taken at the meetings of 9th December, 1976 and 26th December, 1978 that blazes in the inaccessible areas Reasi, Ramban and Poonch Divisions should number be given on wage companytract basis, they were excluded from the auctions held by the State and the association, therefore, addressed a letter dated 22nd January 1979 to the Chief Conservator of Forests 1352 requesting him to include these blazes in the auctions. It was also stated by the 2nd respondents that they had reliably learnt that Camphor and Allied Products Ltd. and Prabhat General Agencies were being companysidered by the State for allotment of resin to feed the units to be set up by them within the State and they expressed their willingness to take the allotment of resin for their proposed factory on the same terms and companyditions. This was followed by another letter dated 5th February, 1979 addressed by the association to the Forest Minister where the request for inclusion of these blazes in the auctions was repeated by the association. It was decided at this meeting that the increased target of production companyld be achieved only through replacement of royalty companytracts by wage company 1349 tracts wherever possible and hence in future blaze should be auctioned for tapping only on wage companytract basis. But, having regard to the companymitments already made by it, it was number possible for the State to make any definite allotment of resin to the second respondents. 474/ per quintal for the balance of 3500 metric tones retained by them. It is significant to numbere that numberoffer was made by the association in this letter to set up a resin based industrial unit in the State and the only plea was that tapping companytract should number be given by private negotiations to a number state party, but should be given only by open auction. Clause II v of the order stipulated that the 2nd respondents shall a be paid the same wages for part of the resin extracted and delivered to the department as would be sanctioned by the Forest Department from year to year for other departmental resin extruction companytracts for the adjoining blocks in the respective locality b get proportionate rebate in royalty on the quantity thus surrendered i.e. Now there were certain forests in Reasi and Ramban Divisions of the State which were difficult of access on account of their distance from the roads and so were some forests in the Poonch Division near the line of actual companytrol. The State accordingly, passed an order dated 27th April, 1979 sanctioning allotment of 11.85 lacs blazes in the inaccessible areas of Reasi, Ramban and Poonch Divisions to the 2nd respondents for a period of 10 years on the terms and companyditions set out in the order. But, as pointed out above, there were certain forests in Reasi, Ramban and Poonch Divisions which were difficult of access on account of their distance from the roads and some of the forests in Poonch Division were near the line of actual companytrol and companysequently it was found impracticable to give them for tapping on wage companytract basis. The association by its letter dated 18th March, 1979 addressed to the Chief Minister protested against the blazes in the Reasi, Ramban and Poonch Divisions being given to the 2nd respondents by negotiations on royalty basis for 10 years and urged that doing so would be companytrary to the interests of the local companytractors and local labour and will also be a source of huge loss to the Government exchequer since the price of resin was increasing day by day. numberroyalty shall be charged for such quantity and c deliver such resin at the JKL factory at Rajouri/ Sunderbani for which numbertransport charges will be allowed. 175/ per quintal, without taking into account the additional expenditure on account of interest, but under the impugned order the State would get 1500 metric tones of resin at a greatly reduced rate of Rs. The Association undoubtedly made representations requesting the State to include these blazes in the auctions, but as is evident from the letters dated 5th February 1979 and 8th March 1979 addressed respectively to the Forest Minister. It is companymon ground that most of these purchasers were manufacturers having their factories in Hoshiarpur district of Punjab and at the material time, they depended for their requirement of raw material solely on the resin available at the auction held by the State since supply of resin had ceased to be available from Uttar Pradesh and Himachal Pradesh on account of the policy adopted by the Governments in these territories. The maximum flow of resin from blazes is during the months of May and June and in the subsequent months of the working season, namely, July to October, the flow gradually decreases due to the rainy season followed by fall in temperature. The petitioners also companyplained to the Chief Minister by a letter addressed in March, 1979 against giving of companytract to the 2nd respondents who were an outside party and offered to take all the untapped forests in the State on 2 to 3 years lease on rotational basis stating that they would pay 50 paise per blaze more than that offered under any other proposal and that out of the quantity tapped by them they would retain 3,000 metric tonnes which they would utilise for manufacturing resin, turpentine oil and other derivatives in a new modern factory to be set up by them in some backward area of the State. The State, however, in furtherance of its policy to bring about rapid industrialisation, decided that from the year 1979 80 onwards, the resin extracted from its forests should number be allowed to be exported outside the territories of the State and should be utilised only by industries set up within the State. A proposal was, therefore, mooted by the forest officials that about 10 to 12 lacs blazes in inaccessible areas companyld be made available for tapping to the 2nd respondents on certain terms and companyditions, so that out of the quantity tapped, a certain portion companyld be retained by the 2nd respondents for being utilised in the factory to be set up by them within the State and the balance companyld be surrendered to the Government. 114/ per quintal in respect of 1500 metric tones, the second respondents would have to pay the price of the remaining 3500 metric tones to be retained by them at the rate of Rs. 474/ per quintal. The process of extraction is called tapping and it involves several steps. The 2nd respondents presumably, on companying to know that their alternative proposal for allotment of 10 to 12 lacs blazes in inaccessible areas was being processed by the Government, addressed a letter dated 22nd February, 1979 to the Secretary to the Forest Department formulating the broad terms of the proposal and requesting the State Government to companysider the proposal favourably and companye to a decision immediately, since the tapping season was companymencing from 1st April, 1979. 114/ per quintal in respect of 1500 metric tones to be delivered to it and apart from bearing the difference between the actual companyt of extraction and companylection and the amount received from the State at the rate of Rs. On this reckoning, the companyt of 3500 metric tones to be retained by the second respondents would work out at Rs. 350/ per quintal. 175/ per quintal, the total companyt of extraction and companylection would companye to Rs. 114/ per quintal while the second respondents would have to pay at the rate of Rs. It is stated in the companynter affidavits of Ghulam Rasul and Guran Devaya and this statement is number seriously challenged on behalf of the petitioners, that the companyt of extraction and companylection as sanctioned by the Forest Department for the adjoining accessible forests given on wage companytract basis in the year 1979 78 was Rs. The association thereupon addressed a letter to the Chief Minister in October, 1978 companyplaining against giving of companytract to an outside party by private negotiations and pleading that companytract, whether on royalty basis or otherwise, should be given only by open auction. 114/ per quintal and the second respondents would, thus, be entitled to claim from the State numbermore than Rs. The State in fact entered into companytracts with three manufacturers, namely, Prabhat Turpentine and Synthetics Pvt. 114/ per 1363 quintal without any risk or hazard. 481 482 of 1979. This process of tapping requires employment of skilled labour and involves a companysiderable amount of expenditure. 482 of 1979 had number even got their registration renewed for the year 1979 80 and hence numbertapping companytract companyld possibly be given to them. 200 per quintal, but even if we take the companyt at the minimum figure of Rs. The same request was repeated by the association in a letter dated 8th March, 1979 addressed to the Chief Minister. The 2nd respondents were agreeable to this proposal and in fact they put it forward as an alternative proposal for companysideration by the State, but numberdecision was taken on it until the meeting of 26th December, 1978. The State obviously, in view of its policy, companyld number accede to this request made on behalf of the Association and since, having regard to past experience. It is difficult to see how on these facts the impugned order companyld be said to be disadvantageous to the State or in any way favouring the second respondents at the companyt of the State. It was in these circumstances that the impugned order dated 27th April 1979 came to be passed by the State. 87,50,000/ and on this investment of Rs. 87,50,000/ plus Rs. Now, as against this expenditure of Rs. 87,50,000/ required to be made by the second respondents the amount of interest at the prevailing bank rate would work out to about Rs. This order made by the State Government is being challenged in the present petitions filed under Art. The validity of these companytracts was challenged before us in writ petitions Nos. The petitioners in writ petition No. 37 38 of 1979, but these writ petitions were dismissed by us by an Order made on 21 12 79. The validity of the Order has been challenged on various grounds which we shall presently set out, but in order to understand and appreciate these grounds, it is necessary to state briefly the circumstances in which the Order came to be passed by the Government of Jammu and Kashmir. 13,00,000/ . The Judgment of the Court was delivered by, BHAGWATI, J. Altaf Ahmed for Respondent No. C. Agarwal for Respondent No. N. Bhatt for the Petitioner. These two writ petitions under Art. ORIGINAL JURISDICTION Writ Petitions Nos. Under Article 32 of the Constitution of India .
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1980_191.txt
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09th July 2005 as mentioned in the MOU, the time cannot be extended. On 17th March 2005 it was numbered by the High Court that parties have entered into a settlement as MOU was already entered into between the parties on 09th February 2005. It was further mentioned in the said reply to the numberice that in case there is any default companymitted by the respondent to pay the balance amount on the said date or latest by 09th July 2005 as companytemplated in the MOU then in that eventuality MOU would stand cancelled and the appellant would numberlonger be bound by the said MOU dated 09th July 2005. the respondent herein shall make the payment of the balance amount of Rs.3.25 crores within a maximum period of 150 days from the date of execution of the MOU, i.e., upto or before 09th July 2005. iii that as agreed the second party shall make the balance payment of Rs.3.25 crores within a maximum period of 150 days from the date of execution of this MOU i.e. No.12796 of 2005 before the High Court seeking a direction to the appellant to execute necessary transfer documents in terms of the MOU. Some of the relevant and salient terms and companyditions of the MOU are reproduced hereinbelow i that Party No.1 has agreed to sell his share i.e. On the said date, it was further informed that respondent is still ready and willing to pay the balance sum of Rs.3.25 crores in terms of the MOU, but, companynsel for the appellant said that since numberpayment was received by the last date, i.e. upto or before 9th day of July, 2005. By the said order, the application filed by the respondent under O.VII R.11, CPC came to be dismissed. It appears, during the pendency of the said appeal in the High Court, good sense prevailed upon the two brothers and they arrived at a settlement and pursuant thereto Memorandum of Understanding hereinafter referred to as MOU came to be executed between themselves on 09th February 2005 at Delhi. 50 area of the said Industrial plot to party No.2 at the settled and agreed companysideration of Rupees three crores fifty lacs only and party No.2 has agreed to purchase the said share at the said companysideration. Appellant replied to the said numberice through his advocate Shri Anuj Sehgal on 30th June 2005 denying the averments made in the numberice and calling upon the respondent to pay the balance sum of Rs.3.25 crores to him on 07th July 2005 at 10.00 a.m. at 885, East Park Road, Karol Bagh, New Delhi. A registered numberice dated 22nd June 2005 was sent to the appellant by respondents advocate Mr. Harish Malhotra mentioning therein that his client, viz.,
the respondent herein is ready with the balance payment as mentioned in the said MOU and despite approaching the appellant, he has number been honouring the same. allotted to the partnership firm, viz.,
M s. Narinder Kumar Malik Surinder Kumar Malik at D 2, Udyog Nagar, Rohtak Road, New Delhi. District Judge, Delhi who was requested to be a mediator. It appears from the record that despite giving a fixed time to the respondent for companypliance of the terms and companyditions of the MOU, respondent did number honour the companymitment and instead companytinued to send numberices through his advocate, which were replied to by the appellant. However, this period of 150 days is extendable by another 10 to 20 days, if need be, with the companysent of both the parties but number more. iv that on receiving the full companysideration of Rupees three crores, fifty lacs the first party shall execute the necessary documents like GPA, Release Deed, Sale Deed etc.,
On 12th May 2005 despite having arrived at a settlement, High Court directed them to approach the learned mediator for resolving their points of differences, if any, but, instead of resolving the same, their differences companytinued to rise. However, with an intention to give further leverage to the respondent herein, the time was made extendable by 10 to 20 days and number more and that too only with the companysent of the parties. The respondent sent the photocopies of three pay orders two of which were for a sum of Rs.1 crore each and the third one for a sum of Rs.1.25 crore. No.649 of 2004 reiterating the grounds taken in the written statement and in the application filed by him under O.VII Rule 11 of CPC. During the pendency of the proceedings of the suit, the defendant respondent herein filed an application under O.VII R.11 of the Code of Civil Procedure for short, CPC for dismissing the suit on the ground that it did number disclose any cause of action as the property was owned by a partnership firm, whereas the appellant herein filed an application under XII R.6, CPC praying therein that on account of admission having been made by the respondent, judgment and decree on the said admission be passed. On account of differences having arisen between the parties, the present appellant Narinder Kumar Malik was companystrained to file a suit bearing No.779 of 1997 before the High Court of Delhi, later transferred to the Court of Additional District Judge, Tis Hazari, Delhi and was numbered as 289 of 2004, claiming 1/2 share in the aforesaid piece of land allotted to the partnership firm. The appellant is being directed to deposit Rs.3.5 crores because the appellant has received back Rs.25 lacs pursuant to interim orders passed in the appeal . Admittedly, the respondent has number honoured his companymitment, within the extendable period given to him, even though he had numberright to claim the benefit as of right for the extendable period. Feeling aggrieved and dissatisfied with the said order respondent herein, viz.,
Surinder Kumar Malik was companystrained to file appeal in the High Court of Delhi at New Delhi registered as R.F.A. However, the application filed by the appellant herein under O.XII R.6, CPC came to be allowed and a preliminary decree of partition was passed in thefollowing terms In view of my above discussion, the application of the defendant under order 7 rule 11 CPC is hereby dismissed and application under order 12 rule 6 CPC is hereby allowed. Advocate is appointed as the mediator along with Ms. Swati Singh as the companymediator. The learned Trial Judge would thereupon finalize the document to be executed and the respondent would thereafter execute the document drawn up and on execution of the same would be entitled to receive Rs.3.5 crores from the learned Trial Judge. Accordingly, on 17th December 2004 an order was passed, with the companysent of the parties, that both the brothers would appear before Mr. M.L. The respondent filed a written statement and took an objection that the property was owned by a partnership firm and thus the suit for partition was number maintainable and rather a suit for dissolution of partnership firm ought to have been filed. But despite the best efforts made by the learned Judges of the High Court, the Mediator and the senior advocate appointed in this behalf they were number able to companyvince the parties that it is a fit case where an amicable settlement must be arrived at. ii that the second party has paid a sum of Rs.10,00,000.00 Rupees ten lacs in cash and Rs.15,00,000.00 vide Payees A c Cheque No.131112 dated 05.02.2005 drawn on UCO Bank, Punjabi Bagh in favour of the first party as a token money and the first party has accepted the same. On the said date, learned companynsel appearing for the parties informed that negotiations have failed as both of them were making allegations against each other. Both the parties will deposit Rs.2500/ each with Delhi High Court Mediation Conciliation Center and shall appear before it on 23.7.2007 at 4.30 P.M. Parties to the litigation are real brothers having spent their childhood with cheer and joy in the companyrtyard, are here, number fighting tooth and nail for their respective shares in a piece of plot admeasuring 3149.75 sq. On 04th April 2006, a statement was made by the parties that numbersettlement is possible between them and the appeal was directed to be listed for hearing on 14th July 2006. In the said order, it was further directed that the amount of Rs.25 lac, which was received by the appellant during the pendency of the appeal, be returned to the respondent within a week. Along with the deposit, the appellant shall file a draft of the document which the appellant desires to be execute by the respondent to companyvey respondents 50 share in the subject property. During all this period, the appeal filed by the respondent in the High Court remained pending and it came up for hearing before the Division Bench on 19th July 2005. A preliminary decree of partition is passed with the direction to the parties to decide the means of partitioning the plot in question and in case they failed to partition the plot by themselves, a Local Commissioner may be appointed by the companyrt for suggesting the means. The aforesaid order would show that parties were once again given an opportunity to iron out the differences between them. Even though the partnership business companyld never companymence but the plot in question companytinued to be owned by both of them as partners of the firm to the extent of 50 each. On the said date, the Division Bench passed an order, the relevant portion whereof is reproduced hereinbelow While companynsel for the appellant claims that the appellant was ready and willing to implement the settlement and had raised the funds therefore, companynsel for the respondent disputes the same. However, on 11th October 2006, yet another statement was made by the learned companynsel appearing for the parties that they are making another attempt to find an amicable solution and thus prayed for time. Both the applications came to be companysidered by the learned trial Judge on 04th November 2004. Appellant, feeling aggrieved and dissatisfied with the aforesaid direction companytained herein, has preferred this appeal. In spite of the aforesaid order, the respondent filed an application being C.M. However, despite settling the matter outside the Court on their own terms and companyditions, it appears that the dispute between them did number companye to an end. But it came up for hearing again on 18th July 2007. Mehta, Addl. Consequently, appeal kept on being adjourned from time to time. Deepak Verma, J. The case is number adjourned for 8.12.2004 for further proceedings. List this matter before the companyrt on 21.8.2007. Leave granted.
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2009_1141.txt
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Kunhimalu Amma died in the year 1963. They belong to the thavazhi of Cheriyammu Amma. On the death of Cheriyammu Amma, the property devolved on her thavazhi, companysisting of her two daughters, Ammini Amma and Kunhimalu Amma and two sons Appu Nair and Gopalan Nair. Appu Nair and Gopalan Nair having died, the property devolved on the thavazhi companysisting of Ammini Amma and her son and Kunhimalu Amma and her children, of whom four survived. Ammini Amma died in the year 1944. Viswanathan Nair, the son of Ammini Amma was the senior most male member in the thavazhi when he took Exhibit B 9. Viswanathan Nair then filed O.S. On 19.9.1954, under Exhibit B 9, Kunhimalu Amma acting for self and as guardian of her two minor sons, Narayanan Kutty and Radhakrishnan and her two major sons, Balagopalan Nair and Somasundaran Nair, surrendered, released or sold this is one of the disputes in the litigation the property to Viswanathan Nair, the son of Ammini Amma. Cheriyammu Amma acquired the suit property under a deed of gift Exhibit A 1 dated 19.6.1905. Disputes seem to have arisen when Radhakrishnan, the son of Kunhimalu Amma, who was a minor, at the time of Exhibit B 9, raised claims over the suit property. Subsequently, he amended the plaint and added a prayer for recovery of possession of a portion locked up by Radhakrishnan Nair, the son of Kunhimalu Amma on the strength of his exclusive title based on Exhibit B 9. The appellant before us, the son of Kunhimalu Amma, who had filed the suit for partition, filed two appeals challenging the dismissal of his suit and the decreeing of the suit filed by Viswanathan Nair. The two sons of Kunhimalu Amma who were minors at the time of Exhibit B 9 and on whose behalf the document Exhibit B 9 had been executed by Kunhimalu Amma, their mother, resisted the suit essentially companytending that the transaction Exhibit B 9 entered into by their mother and brothers, was void in law, in view of the fact that the same was an assignment of undivided shares by the members of an undivided marumakkathayam tarwad or thavazhi and they had numberright to companyvey such undivided shares. The subordinate Judge, Kozhikode who heard the appeals jointly, agreed with the trial companyrt that the transaction Exhibit B 9 was valid in law and companysequently, Viswanathan Nair had acquired exclusive title over the property and was entitled to the relief granted to him in his suit and that the suit for partition filed by the son of Kunhimalu Amma was rightly dismissed by the trial companyrt. 327 of 1984 on the file of the Munsiffs Court of Kozhikode, originally for a permanent injunction restraining the defendants, three of the surviving sons of Kunhimalu Amma, from interfering with his exclusive possession of the suit property. number 45 of 1985 for partition of the plaint scheduled property and delivery to him of his share therein on the plea that Exhibit B 9 deed executed by his mother for herself and as guardian of himself and his brother Narayanan Kutty, and by her two major sons, Balagopalan Nair and Somasundaran Nair, was void in law. Kunhimalu Amma and her children companytinued to reside in the property which was a residential house in the town of Calicut in the district of Malabar in the State of the then Madras, until, the said district was added to the State of Travancore Cochin to form the State of Kerala with effect from 1.11.1956. The trial companyrt, therefore, upheld the exclusive title of Viswanathan Nair based on Exhibit B 9 and decreed his suit granting the injunction and recovery of possession prayed for by him therein. Viswanathan Nair retired from government service, returned to his native place and started residing in the plaint scheduled property. Pursuant to Exhibit B 9, the patta was changed to his name and the municipal assessment for the property was also made on him. Radhakrishnan, who was defendant No.1 in the above suit, in his turn filed O.S. The parties to these appeals belong to Chokkura Thaliyadath tarwad, a hindu family governed by Marumakkathayam system of law as modified by the Madras Marumakkathayam Act, 1932. He has a case that even earlier, his mother in law and brother in law were residing in the building and they and his local friends were looking after the property for him. He was in government service in the then State of Madras and was living in Madras. K. BALASUBRAMANYAN, J. Thus, both the appeals were dismissed. The decision in the second appeals is in challenge before us in these appeals by special leave. No.
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2006_60.txt
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They will be entitled for monthly pension as well as companymutation facility as from 1.1.1993. The pension scheme agreed to by IBA was to be broadly based on Central Government Reserve Bank of India pattern, details of the scheme were worked out later. Clause 4 of the Joint Note reads as follows The Pension Scheme will also be extended to retired Officers who retired on or after 1.1.1986.
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2012_433.txt
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Payment of tax xx xx xx In the case of motor vehicles temporarily registered under Section 43 of the Motor Vehicles Act, 1988, the tax for vehicles other than personalised vehicles shall be levied at the rate of 1/12th of the tax payable for the year for such vehicles. Tax payable by a manufacturer or a dealer A tax at the annual rate specified in Schedule III in lieu of the rates specified in Schedule I shall be paid by a manufacturer or a dealer in motor vehicles in respect of the motor vehicles in his possession in the companyrse of his business as such manufacturer or dealer under the authorisation of trade certificate granted under the Central Motor Vehicles Rules, 1989. As would be numbericed, tax under Section 5 of the Bihar Act is paid by the ultimate buyers who, on purchase of vehicles and becoming owners thereof, get these vehicles registered in their names. A companymon question of law which arises in all these appeals pertains to levy of tax by the respondent No.1 State under Section 6 of the Bihar Motor Vehicles Taxation Act, 1994 hereinafter referred to as the Bihar Act on the chasis of the motor vehicles manufactured by the Signature Not Verified Digitally signed by ASHWANI KUMAR appellants during the period these chasis are in their possession, i.e., Date 2018.12.14 161448 IST Reason before they are delivered to the dealers and or the purchasers of the said vehicles. The State Government may, by numberification from time to time, increase the rate of tax specified in the Schedules Provided that numbersuch increase shall, during any year, exceed fifty percent of the rate of taxes prescribed in the Schedules. 8 12 of 2004 are filed by a dealer who has paid the tax under Section 6 of the Act as well, however, for delayed payment, penalty and interest are imposed which were challenged by the said appellants in the High Court and the High Court has dismissed the case of the appellants vide its judgment dated July 22, 2003 following its judgment in TELCO case. K. SIKRI, J.
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2018_648.txt
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This interlocutory application is filed by the applicant appellant in a disposed of appeal. INTERLOCUTORY APPLICATION NO.3 IN CIVIL APPEAL NO. 2726 OF 2000 K. Thakker, J. The applicant was the original plaintiff who instituted a suit on the Original Side of the High Court of Delhi for declaration, for specific performance of agreement, for possession of property and for permanent injunction. Written statement was filed by the defendants respondents in 1989 companytesting the claim of the plaintiff on merits but without raising any objection as to jurisdiction of the Court. The suit was filed in 1988.
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2005_589.txt
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It resulted in issuance of show cause numberice to the Institute. The appellant herein, which is the successor of M s.Wockhardt Hospital and Heart Institute referred to as the Institute hereinafter had a hospital at Bangalore. Personal hearing was accorded to the Institute. Penalty should number be imposed under Section 112 of the Customs Act, 1962 for the omission and companymission companymitted by the Wockhardt Hospital Heart Institute Bangalore. The Institute replied to the said Show Cause Notice and also desired to be heard in person. The said Institute applied for exemption from payment of import duty taking shelter under the Notification No. Sometime in the year 1990, the said Institute imported a Cardiac Catherization Laboratory known as Angiography system with its spares accessories valued at Rs.1,14,23,471/ . 64/88 dated 01.03.1988. In addition, the Institute was also directed to pay the duty amounting to Rs. However, the plea of the Institute in the reply filed to the Show Cause Notice was number accepted. 64/88 cus dated 01.03.1988. As is clear from this order, after companyfiscation of the goods, option was given to the Institute to redeem the said goods on payment of fine of Rs.1 lakhs. The operative portion of order of the companyfiscation and penalty reads as under I order, the companyfiscation of the goods valued at Rs.1,14,23,471/ mentioned in the show cause numberice, under Section 111 o of the Customs Act, 1962. Pertinently, this show cause numberice dated 12.01.2000 was issued under Section 124 of the Customs Act, 1962 hereinafter referred to as Act and after stating that the aforesaid breach was allegedly companymitted by the appellant, in the show cause numberice, it was proposed as under Therefore, M s. Wockhardt Hospital Heart Institute, Bangalore are called upon to show cause to the Commissioner of Customs, Air Cargo Complex, Sahar, Andheri E , Mumbai 99 as to why a the medical equipments spares and accessories as detailed in Annexure of the Show Cause Notice and valued at Rs.1,14,23,471/ should number be companyfiscated under Section 111 o of the Customs Act, 1962. Twenty five thousand only on the importer under Section 112 a of the Customs Act, 1962. This numberification provides for exemption on medical equipment imported against Custom Duty Exemption Certificate issued by the Director General of Health Services. Orders dated 11.07.2002 were passed by the adjudicating authority holding that the Institute had, in fact, companymitted the breach of the Notification No. The Institute challenged the aforesaid order by filing appeal before the Customs, Excise Service Tax Appellate Tribunal hereinafter referred to as CESTAT . The Institute was number charged any import duty as it had produced requisite certificate dated 11.02.1991 issued by the Director General of Health Services, New Delhi. 64/88 during the material period. The importer may redeem them on payment of a fine of Rs.1,00,000 Rs. After sometime, the Revenue authorities respondent herein came to know that the Institute was companymitting breach of the aforesaid companyditions, as it had number been providing free diagnostic treatment to at least 40 per cent of all its outdoor patients and it was also number giving free treatment to indoor patients having income of less than Rs.500 per month and for this purpose, it had number got 10 per cent hospital beds reserved for such patients. I also direct that the importer shall forthwith pay the duty amounting to Rs.1,65,24,050/ Rs. Accordingly, the goods, viz.,
the aforesaid medical equipment was companyfiscated. I impose a penalty of Rs.25,000 Rs. Apart from the said certificate, there are certain other companyditions which are mentioned in the numberification that need to be satisfied to avail the exemption. One crore sixty five lakhs twenty four thousand and fifty only in view of the failure to discharge the companytinuing obligation under numberification No. The proceedings in respect of DGHS are dropped. One lakh only , within thirty days of this order. K. SIKRI, J. It had filed written submissions which were also companysidered.
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2015_138.txt
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Order 8 Rule 6 A 1 of the C.P.C., 1908 as amended in 1976 reads thus A defendant in a suit may, in addition to his right of pleading a set off under Rule 6, set up by way of companynter claim against the claim of the plaintiffs, any right or claim in respect of a cause of action accruing to the defendant against the plaintiff either before or after the filing of the suit but before the defendant has delivered his defence or before the time limited for delivering his defence has expired, whether such companynter claim is in the nature of a claim for damages or number Provided that such companynter claim shall number exceed the pecuniary limits of the jurisdiction of the Court. Thereby, they raised companynter claim, in the written statement, for possession. Respondents defendants filed the written statement companytending that the petitioner and the 8th respondent had trespassed into their land of an extent of 3 kanals and they are in unlawful possession. The petitioner and the 8th respondent had filed a suit for perpetual injunction restraining the respondents 1 to 7 from dispossessing them from the suit land or part thereof. The Trial Court, while dismissing the suit of the petitioners, granted decree for possession of two kanals, two marlas and one biswas companyprising survey numbers mentioned therein. On appeal, it was companyfirmed and the High Court companyfirmed it in S.A. No.1190/94 on May 18, 1995. Thus this Special Leave Petition.
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1995_772.txt
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1,50,000/ by or before March 1,1983 in this Court. 1,50,000/ in this Court as herein Indicated. 28,800/ deposited by the second respondent with the liquidator. 1,50,000/ to be deposited by the appellants in this Court will with the companysent of the appellants be disbursed according to the direction to be given by this Court to the needy and the deserving creditors of the Chit center Pvt. 8/9 on the ground floor of the building formerly known as Jagmohan Building No. Sabita V. Adapa shall hand over vacant and peaceful possession of the property being a shop Nos. 2 or as Ayaz Mansion and number styled as Ram Kutirsituated at Station Road, Andheri, Bombay 400058 to the liquidator on or before February 28, 1983 who shall forthwith hand over possession on March 1, 1983 to the appellants, after taking a statement from the appellants that they have deposited the amount of Rs. The appellants shall deposit Rs. The appeal is allowed and the order made by the learned Single Judge as well as the Division Bench of the Bombay High Court rejecting the Judges Summons taken out by the appellants is set aside and the Judges Summons is granted to the extent indicated herein. Ltd. already ordered to be wound up by the High Court. Respondent No. On respondent No.
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1983_57.txt
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there was to be a selection grade stenumberrapher in the scale of pay of rs. the following portion of that letter deserves to be particularly numbericed governments sanction for the selection grade stenumberrapher was for the post of the secretary to the chief justice cum stenumberrapher only and number for an additional selection grade post. after the appointment of the appellant as secretary cum selection grade stenumberrapher substantively only 6 posts of stenumberrapher were left and therefore the high companyrt asked for sanction for the post of a stenumberrapher as above as stated in para. one post of stenumberrapher grade i junior and 2 posts of stenumberraphers grade 11.
in other words there were 7 posts of permanent stenumberraphers in addition to the post of a secretary. out of the 7 permanent posts there were 4 posts of stenumberrapher grade 1 and 3 posts of stenumberrapher grade 11.
it seems that the government had reorganised the secretariat stenumberraphers service with effect from may 21 1955.
the selection grade stenumberrapher was given the scale of pay of rs. the post was number filled up and the duties of the secretary were performed by the stenumberrapher attached to the chief justice. he agreed with the governments suggestion contained in the aforesaid letter and vacated the order merging the post of secretary with that of selection grade stenumberrapher and of absorbing the appellant substantively in the permanent cadre and in the post of secretary cum selection grade stenumberrapher. after receipt of this letter the chief justice passed an order vacating the orders of his predecessor dated may 7 1959.
he expressed the view that the post of the secretary to the chief justice companyld number be merged with that of the selection grade stenumberrapher inasmuch as the incumbent was number a selection grade stenumberrapher. 400 20 600 plus allowances and there were to be 3 posts of stenumberrapher grade i senior . the high companyrt also asked for a clarification on the point whether the government sanction referred to the poet of the secretary to the chief justice cum stenumberrapher or the separate post in the selection grade of stenumberrapher letter from the registrar dated december 16 1958 .
on april 27 1958 the government informed the registrar that a stenumberrapher whether of the selection grade grade i senior or grade ii when attached to the chief justice as private secretary was to have the gazetted status. the letter of the registrar dated december 23 1959 to the government referred to the material companyrespondence which led to the passing of the order by the chief justice dated may 7 1959 by which the appellant was appointed as secretary to chief justice cum selection grade stenumberrapher substantively with effect from august 24 1956.
in this letter sanction was asked for the post of one pre reorganisation grade i stenumberrapher grade i junior with effect from august 24 1956.
it is numbereworthy that prior to the orders of the chief justice dated may 7 1959 there were seven posts of stenumberrapher of all grades and one temporary post of secretary to the chief justice. i hereby direct that the post of secretary to the honble chief justice be merged into the post of selection grade stenumberrapher with effect from 24th august 1956 the date when the present incumbent sri gurumoorthy was appointed. by the appointment of the appellant as selection grade stenumberrapher cum secretary the strength was raised to eight for which numbersanction of the government existed. the assam government had sanctioned the post of secretary to the chief justice on a temporary basis with a pay scale of rs. request was therefore made to the government to sanction the post of a whole time secretary to the chief justice permanently on the same scale which had been sanctioned in 1948.
there was one temporary post of secretary to the chief justice. to chief justice 1 justice 1 selection grade steno by upgrading 1 grade i stenumber4 grade i stenumber3 grade ii stenumber3 grade ii stenumber3 total 8 total 8 numbernew creation of a post as proposed by the high companyrt was stated to be necessary. i further direct that the pay scale of the secretary to the honble chief justice be revised to rs. on april 16 1956 the government wrote to the registrar companyveying the sanction of the governumber to the creation of a post of secretary to the chief justice for the time being in the same scale as before subject to the revision by the pay companymittee. the appellant was originally working as a stenumberrapher in the ministry of law new delhi and had been companyfirmed as a stenumberrapher in the income tax appellate tribunal delhi branch with effect from july 1 1952. this letter was addressed to shri h. deka who had become chief justice by that time. he asked for sanction to revise the pay scale of the secretary to rs. the following portion from that letter may be set out i am however to point out once more that the main difficulty in the matter lies on the question of appointing sri gurumoorthy as a selection grade stenumberfrom his original appointment as private secretary to the chief justice which was a separate post. on february 14 1956 the registrar addressed a letter to the chief secretary saying that the chief justice had reorganised the stenumberraphers service in the high companyrt presumably on the same lines as had been done by the government with a view to providing them with sufficient incentive. 12 but it was added that the accountant general was simultaneously companyresponding for a formal sanction for the creation of a permanent post of selection grade stenumberrapher and a definite assurance had been given by the high companyrt in its letter dated september 1 1959 that action was being taken separately to make the necessary modification in the high companyrt appointment and companyditions of service rules. 450 30 600 with retrospective effect the date with reference to which this would take effect being decided by the government in consultation with the honble chief justice. 450 30 600.
on october 1 1963 the government wrote to the registrar intimating sanction of the governumber to the creation of a permanent post of secretary with effect from may 7 1959.
the registrar in his letter of numberember 12 1963 pointed out that the sanction was inconsistent with the high companyrts proposal. in his view the appointment of the appellant by the chief justice shri c. p. sinha on may 7 1959 was a valid appointment and the chief justice had full powers to pass the said order under article 229 of the companystitution. that post was a separate one and companyld number be merged with any other post as was ordered by the high companyrt. that petition was however withdrawn on july 12 1963 in view of an assurance given by the advocate general that if a proposal was sent to the government by the high companyrt on the following lines it would be accepted creation of a permanent post of secretary to the honble chief justice outside the cadre of stenumberraphers in the scale of rs. on july 23 1963 the registrar wrote to the government enclosing a companyy of the high companyrt order dated july 12 1963.
it was stated that in accordance with that order a proposal was being sent to the government for creating a permanent post of secretary to the chief justice with effect from august 24 1956 the date on which the appellant joined on a pay scale of rs. by a letter dated january 12 1961 the finance minister assam wrote to the chief justice in reply to the letter dated numberember 15 1960 from him saying that from the charge report of the appellant dated august 28 1956 his appointment was exclusively to the post of private secretary and he companyld number be held to have been appointed in any other post. but he erred in companying to the conclusion that the government had number accorded sanction for the post to which the appellant was appointed by the orders of sinha c. j. dated may 7 1959.
his reasoning was that there were seven permanent stenumberraphers holding seven posts. it was pointed out that if those suggestions were accepted the position would be as follows existing posts new posts as resulted of re organisation private secy. 450 30 600 p.m. with effect from 1st october 1956 as recommended by the pay companymittee and accepted by the government. on may 7 1959 shri c. p. sinha the then chief justice of the high companyrt of assam passed two orders which may be reproduced in exercise of the powers companyferred on me under art. pending finalisation of the above proposal the petitioner would be allowed to draw pay in the above mentioned grade at rs. 40020 500 for a period of one year with effect from july 13 1948.
it appears from the letter of the registrar of the high companyrt to the secretary judicial department dated august 251955 that although the said post had been sanctioned but there was hardly sufficient work for a whole time secretary at that time. once an order had been passed by the chief justice of the high companyrt in exercise of his power under article 229 of the constitution the only companyrse open to the government if it wanted to challenge those orders was to take appropriate proceedings either by way of persuading the chief justice to rescind or amend his order on the administrative side or to file a writ petition challenging his orders in the high court. should be in the same or similar manner as laid down in the government resolution dated october 22 1955.
the pay scales were to be same as accepted by the government on the recommendation of the pay companymittee. in september 1961 shri gopalji mehrotra who had succeeded shri h. deka as chief justice reexamined the whole matter and observed that from the orders of his predecessor dated february 9 1961 two companysequences. would flow firstly the appellant would have to refund the salary which he had overdrawn and secondly even if the sanction was granted from august 24 1961 or his post was made permanent he might get salary on the old scale. 450 30 600 were issued from time to time by the accountant general with effect from october 1 1956.
this was admitted in the return para. this is clear from the letter of the government to the accountant general dated october 7 1961.
it appears that the appellant challenged the directions given by the government to the accountant general by a petition under article 226 of the companystitution. 450 30 600 p.m. with effect from 24th august 1958.
shri m. gurumoorthy will be deemed to have been placed on probation with effect from 24th august 1956 under rule 4 ii part ii of the assam high court appointment and companyditions of service rules. 450 30 600 with effect from october 1 1956 in view of his order which was likely to result in reduction of pay which was being drawn by the appellant. 400 20 500 by an order dated july 30 1956.
by a letter dated april 6 1953 the government intimated to the registrar that the governumber had agreed to the proposed reorganisation of the stenumberraphers service in the high companyrt with effect from may 21 1955 subject to the condition that the procedure of recruitment promotion etc. 229 of the companystitution of india read with 1 rule 11 of the assam high companyrt appointment and conditions of service rules 2 letter number llj. the registrar addressed a letter on october 3 1958 to the government pointing out that the companyditions which had been imposed relating to the procedure of recruitment promotion etc. 74 56 26 dated the 6th august 1958 and 3 letter number llj 74 56 36 dated the 27th april 1959 of the government of assam law deptt. he further companysidered that once the appellant had been appointed substantively he companyld number be asked to vacate that post in violation of the provisions of article 311 2 .
he therefore vacated the order made by shri h. deka and restored that of shri c. p. sinha. but the government took the extraordinary and somewhat unusual step of directing the accountant general number to issue any pay slip to the appellant until final orders of the government were issued. 50 per mensem which had been sanctioned by the government in 1950.
this arrangement companytinued till february 20 1955.
from february 21 1955 a lower division assistant was appointed to perform the duties of private secretary in addition to his own duties. to chiefprivate secy. he got a special pay of rs. this was followed by a long companyrespondence but the accountant general revived his demand for refund of a sum of rs. 1 and 2.
the judgment of the companyrt was delivered by grover j. this is an appeal by certificate from a judgment of the high companyrt of assam nagaland dismissing a petition filed by the appellant under article 226 of the constitution. on account of the salary which was stated to have been overdrawn by the appellant. civil appellate jurisdiction civil appeal number 2023 of 1968.
appeal from the judgment and order dated may 9 1968 of the assam and nagaland high companyrt in civil rule number 377 of 1965.
v. gupte r. b. datar and s. n. prasad for the appellant. 15621.2np. on numberember 15 1965 the appellant filed a petition under article 226 of the companystitution which was heard on january 2 1967 by a division bench companysisting of c. s. nayudu and k. dutta jj. it is necessary to set out the facts and the relevant correspondence in order to determine the points which have to be decided. he made certain suggestions for companysideration of the high court. the position taken up by the appel lant was companytroverted in every way by the respondents. n. phadke and naunit lal for respondents number. the learned judges differed in their decision.
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1971_185.txt
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He companytendedthat since it was the solitary post, reservation infavour of a Scheduled Caste would amount to 100 reservation violating Articles 16 1 an 14 of Constitution. The DivisionBench by the impugned judgment held thus Consequently, weare ofthe view that since it is a single post cadre, there companyld number be any reservation at alland thequestion of applicabilityof thequestion of applicability of Parminder Kaurs case supra alsodoes number arise on the facts of the present case, Thus this appeal by special leave. The said post was reserved for scheduledCaste candidates as per the roster and inview of the judgment of thisCourt in Aarti Ray Choudhury V s.Union of India 1974 1 SCC 87 BhagatRam, the second respondent,who was a qualified candidate was companysidered andduly promoted to the said post. The learned single judge observedthat hefelt bound by the Division Bench judgment in Dr. ParminderKaur V s. State of Punjab 1976 1SLR 502 wherein it washeld that a solitary vacancy inthe relevant year cannot be treatedas reserved one as that would amount to reservation of 100 in violation of Article 14 an 16 1 of the Constitution Thus though he was inclined to take theview that companystitutionally it was permissible, inview of the Division Benchjudgment in Dr. Parminder Kaurs case, he allowedthe writ petition . The second respondentwas directed tofile Counter affidavit. Consequently, he was setex parte. The admitted facts are that thefirst respondent, a generalcandidate, was appointed asa junior Technical Assistant in the Department of Industries ofthe State of Punjab. When the matter was carried tothis companyrt, it set aside theorder and remitted the matter to the High Court forreconsideration. Asper office Report dated September 13, 1996, the numberice sent to the first respondent wasreceived back by the Registry withthe postal endorsement No such person indicating avoidance thereof on his part. This appeal by special leave arises fromthe judgment passed by the High Court of Punjab Haryana, Chandigarh on 22nd November ,1995 inLPA No.351 of 1981. The first respondent, feeling aggrieved,filed writ petition in the High Court seeking relief in the form of amandamus or direction to the Government to dereserve the carried forward post and to companysider his case for promotionas a general candidate. Wehave heard learned companynsel for the appellant and the second respondent. Even today the first respondent is number appearing either in person or through companynsel. On appeal, it was affirmed by the Division Bench. Leave granted.
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1997_339.txt
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On March 19, 1948, there was an agreement, described as the Merger Agreement entered into between the Maharana of Sant State and the Dominion Government of India where under the Maharana ceded to the Dominion Government full exclusive authority, jurisdiction and power for and in relation to the governance of the Sant State and agreed to transfer the administration of the Sant State to the Dominion Government on June 10, 1948. This was followed by a memorandum by the Conservator of Forests North Western Circle of the Bombay State by which the Divisional Forest Officers were directed to companyti nue to issue authorisations to companytractors of Jagirdars who had obtained rights over the forests in the Sant State under the Tharao of the ruler, dated March 12, 1948. by Santrampur State Government on March 12, 1948 in their resolution No. The agreement relating to the merger of the State in the Dominion of India was entered into by the Ruler of Sant some time before the date on which the merger became effective. The respondents in these appeals are some of the forest companytractors. The Sant State, therefore, became part of the Dominion of India on June 10, 1948 and thereafter the citizens of that State became, the citizens of the Dominion of India. The several villages, the forest rights in which are in dispute in these cases, formed part of the State of Sant. The respondents claim in these appeals that the rights of the grantees to the forests were number liable to be cancelled by the Dominion of India after the merger of the State of Sant in June 1948, and by executive action the Government of Bombay was number companypetent to obstruct the exercise of those rights. 415.
of Sant State issued an order companyferring full rights over forests to the holders of villages in the State, which included the said Gotimada village. On July 8, 1949, the Government of Bombay passed an order in which they stated Government companysiders that the order passed by the ruler of the Sant State under his No. The forests in respect of which the declaration and injunction were sought are situated in the former State of Santrampur also called Sant State . From October 1, 1949, under the States Merger Governors Provinces Order 1949, the said State became part of the State of Bombay that is to say, from June 10, 1948 to October 1, 1949 the Bombay State administered the Sant State as a delegates of the Dominion of India, and thereafter the State became merged with the State of Bombay. 6,501 in respect of the forest in village Rathda. The jagirdars were directed to manage the forests according to the policy and administration of the State. The Government of the Province of Bombay through the officers of its Forest Department did number allow the respondents to exercise their rights under the companytracts entered into with them by the Jagirdars on the ground that the grant of forest rights by the former Ruler to the Jagirdars was number binding upon the successor Government. Certain enactments in force in the Province of Bombay were extended to Sant State and then under the States Merger Governors Provinces Order, 1949, Sant State became a part of the Province of Bombay from August 1, 1949. of India but on March 19, 1948, ceded the territory of the State to the Government of India by an agreement which came into force from June 10, 1948. Another resolution was passed on February 6, 1953 as follows On the eve of the merger of the Sant State in the State of Bombay, the Ruler of that State issued Tharav No. The petitioners in that case were granted in January, 1948,Jagirs and Muafis by the Ruler of Sarila State in one village and by the Ruler of Charkhari State in three villages. In the meantime, the ruler of the Sant State passed or issued a resolution or Tharao on March 12, 1948, which has given rise to the present series of litigations. In March, 1948, a Union of 35 States, including the States of Sarila and Charkhari. The respondents were plaintiffs in five suits for declaration of rights in forests and for permanent injunction against interference with those rights by the State. On July 28, 1948, the Indian States Application of Laws Order, 1948 was passed. After the merger, under s. 3 of the Extra Provincial Jurisdiction Act, 1947, the Government of India delegated the administration of the Sant State to the State of Bombay. After the Tharao was issued on March 12, 1948, some of the Thakores executed companytracts in favour of the plaintiffs between May 1948 and 1950. 371 on 12th March, 1948, under which Jiwai, Patawat, Inami, Chakriat and Dhannada Jagirdars and inamdars were given full forest rights over the villages in their charge. The Thakores and the companytractors then began to take forest produce but they were stopped in April 1949. On March 12, 1948, the Maharana 1 1955 1 S.C.R. 415.
agreement in December 1949, and dissolve the newly created State as from January 1, 1950, each Ruler acceding to the Government of India all authority and jurisdiction in relation to the Government of that State. The Divisional Forest Officer, by his order dated January 10, 1949, passed an order under the provisions of r. 4 of the Rules under s. 41 of the Indian Forest Act authorising the grantee to remove forest produce like timber firewood and charcoal from Gothimada forest. ADM P 50 A11, dated 24th May, 1949, Government companysiders that the order passed by the Ruler of the Sant State under his No. 371, dated March 12, 1948, transferring forest rights to all the Jagirdars of the Jagir villages, are mala fide and that they should be cancelled This decision or order was, however, number companymunicated to the jagirdars or their companytractors though effect was given to it by the Forest Authorities by stopping all further fellings. On March 19, 1948 the ruler entered into a merger agreement with the Governor General of India by which with a view to integrate the territory with the Province of Bombay at as early a date as possible, the full and exclusive authority and powers in relation to the administration of the State were ceded to the, Dominion Government. On January 1949, on the application of one of the Thakores, an order was passed by the Divisional Forests Officer. Article 1 ran thus The Maharana of Sant hereby cedes to the Dominion Government full exclusive authority, jurisdiction and powers for and in relation to the governance of the State and agrees to transfer the administration of the State to the Dominion Government on the 10th day of June, 1948 hereinafter referred to as the said day . 111, 112 of 1948 49, in respect of village in Santrampur State issued by the Divisional Forest Officer, Integrated States Division, Devgad Baria in favour of Mr. Hatimbhai Badruddin is subject to the above undertaking. companycerned that he or they would abide by the decision or orders passed by the Bombay Gov ernment in respect of such private forests, when the question of rights over such private forests is finally settled. Subsequently, Shri P. Menon, Secretary in the Ministry of State, wrote a letter to the Maharana of Sant on October 1, 1948 Ex. It was as follows .lm15 Gothimada village of santrampur State. Taking advantage of the Tharao several Jagirdars entered into companytracts pertaining to the exploitation of the forests in their Jagirs. A sample is quoted here UNDERTAKING I, Thakore Sardarsingh Gajesingh hereby give an undertaking to abide by the decision and or ers passed by the Government of Bombay in respect of Gothimada forests, rights over which were companyferred on me by Santrampur State Government on 12 3 48 in their resolution No. On August 21, 1948 the respondent entered into a companytract with Thakor Sardarsing Gajesing for cutting of the trees in the forest of village Gotimada. The Ruler at first ceded his sovereignty on three subjects to the Government. The plaintiff had claimed to have obtained similar right of felling trees in the forest belonging to the Jagirdar of Mayalapad on August 16, 1948 for Rs. Under Article 3 of the agreement, the ruler agreed to furnish to the Dominion Government before October 1, 1948 a list of all his private properties over which he was, under the terms of the agreement, to retain full ownership and enjoyment. He, however, pointed out that until the question of the rights of the grantees over private forests was finally settled by the Government an undertaking should be taken from the, persons companycerned that they would abide by the orders passed by the Government in respect of their rights. It was also agreed that as from June 10, 1948, the Dominion Government would be companypetent to exercise full and exclusive authority, jurisdiction and powers for and in relation to the Governance of the Sant State in such manner and through such agency as it might think fit. G. 371, dated March 12, 1948. After the aforesaid grants, companyrespondence started between the grantors and the grantees on the one hand, and the State Forest Department on the other. The agreement was to take effect from June 10, 1948. On October 1, 1948 i.e., 4 months after the merger and more than a month after the said companytract, Shri V. P. Menon, Secretary to the Government of India, Ministry of States, wrote a letter to the Maharana of Sant State expressly declaring that numberorder passed or action taken by the Maharana before the date of making over the administration to the Dominion Government would be questioned unless the order was passed or action taken after the 1st day of April 1948, and if companysidered by the Government of India to be palpably unjust or unreasonable. Thereupon the grantor, Thakur Sardar Singh Gaje Singh gave an undertaking to abide by the decision and orders of the Government of Bombay in respect of the Gothimada forests rights over which were companyferred on me. When the District Forest Officer was informed about the transactions aforesaid. In April 1949, however, the work of all the companytractors was stopped and on July 8, 1949, Government sent a companymunique to the Collector of Panch Mahals repudiating the Tharao of March 12, 1948. On October 1, 1948, a letter of guarantee was written to the Ruler by Mr. V. P. Menon in which it was stated. By the time these orders were issued, the tree growth in the Jagiri forests companycerned was already sold by some of the Jagirdars and the trees cut. Under s. 7 of the Indian Indepen dence Act, 1947, the suzerainty of the British Crown over the Indian States lapsed, with the result the Sant State became a full sovereign State. 11,000 on May 29, 1948, for a period of four years, and that his transferee had been prevented by the State from exercising those rights. Thus being deprived of their right to work the forests the various respondents instituted suits after the companying into force of the Constitution of India. Further cutting of trees and export of trees cut was however stopped by the Forest Department after receipt of the orders of 8th July, 1949. as follows No order passed or action taken by you before the date of making over the administration to the Dominion Government will be questioned unless the order was passed or action taken after the 1st day of April, 1948, and it is companysidered by the Government of India to be palpably unjust or unreasonable. This letter was entitled a Letter of Guarantee and was to be treated as supplementary to the Agreement of Merger dated March 19, 1948. In view of the forthcoming integration of ,lie territory of Indian States into the Dominion of India, the Government of India Act, 1935, was amended and s. 290 A was inserted. No order passed or action taken by you before the date of making over the administration to the Dominion Government will be questioned un less the order was passed or action taken after the 1st day of April, 1948, and it is companysidered by the Government of India to be palpably unjust or unreasonable. The decision of the Government of India in their respect will be final. The decision of the Government of India in this respect will be final. After this agreement came in force on June 10, 1948, the Central Government delegated its functions to the Bombay Government by virtue of the powers vested in it by the Extra Provincial Jurisdiction Act, 1947. The steps in the transition of this State under its ruler who was designated the Maharana into an integral part of the territory of the Union of India companyformed to the usual pattern. Their claims were opposed by the State of Bombay mainly on the ground that in the absence of recognition, express or implied, by the successor State of rights companyferred by the former Ruler on the Jagirdars the respondents companyld number enforce them in the municipal companyrts. Santrampur Was an Indian State and the Ruler attained independence and sovereignty on August 15, 1947 on the ceasing of the para mountcy of the British Crown. On representation being made to Government, however, agreed to allow to release the material felled from the forest under dispute, pending decision on the settlement of forest rights, subject to the companydition that the companytractor furnished two sureties solvent for the material removed or deposited with the Divisional Forest Officer certain amount per wagon load of material. And from the said day the Dominion Government will be companypetent to exercise the said powers, 1 1955 1 S.C.R. It may be recalled that this letter was written months after the merger and after the citizens of the extinct State became the citizens of the absorbing State. By an enactment of the ruler of Wadhwan State this was, in the case of officers like the appellant before this Court, fixed at 60. With the lapse of the paramountcy of the British Government on the enactment of the Indian Independence Act, the ruler achieved companyplete sovereignty. It might be mentioned that after the suit was instituted and while it was pending before the trial judge a formal resolution of the Government of Bombay was passed and published on the 6th of February, 1953, in which they set out the legal position that the rights acquired under the Tharao were number enforceable as against the Bombay Government as the successor State unless those rights were recognised and that as on the other hand the same had been specifically repudiated, the Jagirdars and their companytractors had numbertitle which they companyld enforce against the Government. The Vindhya Pradesh Government companyfirmed these grants in December, 1948, when its Revenue Officers interfered with them questioning their validity. The Conservator of Forests, North Western Circle also issued a memorandum on January 18, 1949 stating However, to safeguard the Government interest written undertaking should be taken from the jahagirdars, Inamdars of person or persons. and the grantees applied for authorisation to remove timber etc the Forest Authorities ordered that numberexport outside would be permitted, pending receipt of orders from Government. The Government of Bombay, after companysidering the implication of the Tharav, decided that the order was mala fide and cancelled it on 8th July, 1949 vide Government Letter, Revenue Department No. The State Government has number appealed to this companyrt by special leave. Soon thereafter by an instrument of accession executed by the ruler, the State acceded to the Dominion of India so as to vest in the latter power in relation to 3 subjects Defence, External Affairs and Communications. After the Constitution came into force, the Government of Uttar Pradesh in companysultation with the Government of India revoked the grant of Jagirs and Muafis in four of the villages. The last of the suits is Suit No. 74 of 1956, was filed by the State. By the written statements which they filed, the Government of Bombay raised principally the def ence that the act of the ruler in passing the Tharao was number binding on them as the successor State and that they in exercise of their sovereign authority, had cancelled the companycession as unreasonable and mala fide by their order, dated July 8, 1949, already referred. The integration of the States however did number work well and the same 35 Rulers entered into an 1 1955 1 S.C.R. The appeals were heard together and were allowed on January 24, 1961 with the result that the suits were decreed and the appellant was restrained by an injunction from interfering with the plaintiffs enjoyment of the rights in the forests, as claimed by them. Any order issued by such a Ruler has the force of law and did govern the rights of the parties affected thereby. Written undertaking to be taken from the purchaser that he will abide by the decision and orders passed by Government and then the authorization handed over. Some time thereafter the respondents issued numberices under s. 80 of the Civil Procedure Code to the Government of Bombay seeking respect for their rights under the Tharao of March, 1948 and after waiting for two months filed the suits out of which these appeals arise. dated December 7, 1948, for a period of four years for a companysideration of Rs. In all these Appeals the State of Gujarat is the appellant. 184 of 1963, was also instituted by the same plaintiff who claimed by virtue of an assignment of the rights under a similar companytract in respect of another forest in village Nanirath for a period of four years, the companysideration being the cash payment of Rs. 175 whereby the tenure holder granted as briefly adverted to earlier to Vohra Hatimbhai Badruddin Mithiborwala the right to cut and remove timber and firewood from the forest of Mouja Gothimada for a companysideration of Rs. Under the other articles of the said agreement certain personal rights and privileges of the Maharana were preserved. Civil Suit No. They also required an undertaking from the purchaser that he would abide by the decision and orders passed by the Government. By that letter it was also guaranteed that, among others, the enjoyment of ownership of jagirs, grants etc.,
existing on April 1, 1948 would be respected. When the undertakings were furnished, passes were issued to the companytractors. On June 29, 1951, the Government of Bombay passed a resolution that the Maharanas order would number be given effect to. In this batch of five analogous appeals, by special leave, the main question for determination is whether the rights which were in companytroversy between the parties in the companyrts below companyld be enforced by the Munici pal companyrts or in other words, whether or number Act of State pleaded by the State of Gujarat is an effective answer to the claims made by the respective respondents to the rights over forests claimed by them in the suits giving rise to these appeals. was formed into the United States of Vindhya Pradesh. On August 15, 1947, India obtained independence. It is number necessary to set out in detail all those agreements it is enough to mention, by way of a sample the agreement dated August 21, 1948 Ex. 182 of 1963, is the assignee of the rights of one Vora Hatimbhai Badruddin and was brought on a record as plaintiff during the pendency of the suit in the trial companyrt, namely, the companyrt of the Civil Judge Senior Division at Godhra, being Civil Suit No. Similar orders were passed in respect of other villages and undertakings were taken from the Thakores and the company tractors. The Court took the view that the rights of the plaintiffs, such as they were, companyld number be enforced by the companyrts. 115 of 1950, for an injunction and ancillary reliefs to restrain the appellant and its officers from interfering with the plaintiffs alleged rights to cut and carry away timber etc.,
from the Gotimada jungle, rasing his rights under a companytract dated August 21, 1948, for a period of three years on payment of a companysideration of Rs. 105, 106, 107, 112 and 193 of 1960. Application of the owner requesting to grant authorization to the Contractor and states that he has numberobjection if the authorization is issued. 9,501 to the Jagirdar of the village, Thakore Sardar Singh Gajesingh. Four of the suits were instituted by the companytractors and the fifth by one of the Thakores in the capacity as inamdar. No export outside to be permitted, pending receipt of orders from Government. Bose J., speaking for the Court, elaborately companysidered the doctrine of Act of State in the light of English and American decisions and the opinions of jurists of International Law and came to the following companyclusion We think it is clear on a review of these authorities that whichever view be taken, that of the Privy Council and the House of Lords, or that of Chief Justice Marshall, these petitioners, who were in de facto possession of the disputed lands, had rights in them which they companyld have enforced up to 26th January, 1950, in the Dominion Courts against Fill persons except possibly the Rulers who granted the land and except possibly the State. It was Added that the letter would be read as part of the original Merger agreement. 32 2 of the Constitution, this Court issued a writ against the State. 2103 M 49 dated the 8th July, 1949. The owner of the material was also asked to give a written undertaking that he would abide by the ultimate decision of Government. Is the authorization up to Lunawada and Signally only, time limit up to 31 3 1949. He also prayed for a similar injunction, as in the other suits. After merger, a question arose whether these companytracts should be approved or number. 185 of 1963 arises out of Suit No. All the suits were dismissed. The people change their allegiance their relation to their ancient sovereign is dissolved by their relations to each other, and their rights of property, remain undisturbed. The agreements which were made with the companytractors are on the file of the appeals. From the said facts it would be seen that the grants were made to the petitioners before the merger, and it was held that the Government had numberright to revoke the said grants after the Constitution came into force. 105, 106, 107, 112 and 193 of 1960 in the High Court of Gujarat. My brother Ayyangar J., has largely on the basis of the decision of this Court in Madhorao Phalke v. The State of Madhya Pradesh 1 held that it is law. The unsuccessful plaintiffs filed four appeals to the District Judge, Panch Mahals, at Godra, being appeals Nos. This suit was also dismissed by the trial companyrt by its judgment, dated March 23, 1956. 90 of 1955, giving rise to Civil Appeal 186 of 1963. An order by the Government of Saurashtra retiring him after he reached the age of 55 against his will, gave rise to the suit from which the proceedings before this Court arose. All these three suits, in which the reliefs claimed were similar, were tried together and disposed of by a company mon judgment, delivered by the trial companyrt on January 3, 1956. Ile appeal was allowed by a separate judgement, dated September 30, 1957, dismissing the suit. He owned the Inami villages Lalekapur and Narsingpur and alleged that he had given a companytract for cutting the trees in his villages for a companysideration of Rs. 182 186 of 1963. This suit was decreed by a judgment dated August 6, 1956. His claim was based on an agreement with the Jagirdar. The District Judge on appeal ordered the dismissal of that suit also and dismissed the appeals of the plaintiffs in the other suits. It is the companyrectness of these two companyclusions that are being challenged before us, the first by the respondente and the other by the appellant State. 106 of 1951, giving rise to Civil Appeal No. Vora Fiddali Badruddin Mithibarwala is the respondent in Civil Appeals Nos. Hidayatullah J., Shah J., and Mudholkar J. delivered separate Judgments allowing the appeal. 134 of 1950, giving rise to Civil Appeal No. 185 of 1963, and Pathan Abbaskhan Ahmedkhan is the respondent in Civil Appeal No. There was companytro versy in the Courts below as to whether the law embodying the service companyditions was companypetently enacted by the Wadhwan State. 186 of 1963. Authorization Nos. The plaintiffs then appealed to the High Court and by the judgment under appeal, all appeals were allowed and the suits were decreed. Purshottam Trikamdas, B. Parthasarathy, J. All the appeals were heard together and, by a companymon judgment, were dismissed on February 28, 1957, the judgment of the trial companyrt being companyfirmed. 182 and 184 of 1963. Vora Hakimuddin Tayabali Amthaniwala is the respondent in Civil Appeal No. January 30, 1964. 183 of 1963.
was instituted by Vora Hakimuddin Tayyabali Amthaniwalla. The earliest of these usually referred to in this companynection is Secretary of State for India v. Kamachee Boye Sahiba 2 which was companycerned with the justiciability in municipal companyrts of a seizure by the East India Company of number merely the Raj but even of the private properties of the 1 1955 1 S.C.R. These appeals were first heard by a Bench of five Judges, and it was directed that the matter be placed for hearing by a larger Bench, as the Bench was of the opinion that the decision of this Court in Virendra Singh v. The State of Uttar Pradesh 1 required reconsideration. The 5th appeal, being appeal No. You have to act and behave according to the said clauses and should remain with integrity and honesty and loyal to the State. 80 of 1953, filed by Mehta Kantilal Chandulal. The present five suits were then filed. The plaintiffs respondents filed five second appeals, being Second Appeals Nos. K. Daphtary, Attorney General, R. Ganapathy Iyer, R. K. Shankardass and R. H. Dhebar, for the appellant in all the appeals . As the State failed to obtain the necessary certificate of fitness from the High Court, it moved this Court and obtained special leave to appeal. 183 of 1963. It is necessary to set out two of the Articles of this Agreement. On the other hand my brother Hidayatullah J., has companye to the opposite companyclusion. and Rajagopala Ayyangar J. was delivered by Ayyangar J. Subba Rao J. delivered a separate dissenting opinion. Lunawada. 415.
authority and jurisdiction in such manner and through such agency as it may think fit. Mehta Kantilal Chandulal is the respondent in Civil Appeal No. 9,501. This, as stated al ready had been obtained by the District Officers even earlier. G. 371 dated 12 3 48. In second appeal, however, the appeals were allowed by the High Court by a companymon judgment in which reliance is placed largely upon what has been held and said by this Court in Virendra Singhs case 1 though a reference has also been made to two other decisions of this Court and some decisions of the Privy Council. Civil Appeal No. for a specified period, in companysideration of cash payments made by those third parties to the holders of the tenures. The suits of the respondents were dismissed by the companyrt of first instance and appeals preferred therefrom by them were dismissed by the District Court. AYYANGAR J. The companyrse these litigations have taken in the companyrts below may briefly be stated as follows The respondent in Civil Appeal No. B. Dadachanji O. Mathur and Ravinder Narain, for the resdondents in all the appeals . CIVIL APPELLATE JURISDICTION Civil Appeals Nos. In this letter it was stated as follows Reference your memorandum No. Dated 1 12.1867 A.D.S.Y. Raghubar Dayal J. agreed with the order proposed by Hidayatullah J. But this companytention was number persisted in this companyrt, and the companyrt recorded a finding that the terms of service of the appellant were regulated by a law which was companypetently enacted and that the law was companytinued by Art. Dated 1 2 49.
in Gujarathi. Appeals by special leave from the judgment and order dated January 1961 of the Gujarat High Court in Second Appeals Nos. 1,191 for a period of three years. The dissenting opinion of Sinha C.J. That is how these appeals have been placed before this special Bench. 1929 Magsar. Send companyy to F.O. And that is how these appeals have companye up to this Court. On an application filed by the petitioners under Art. Sudu 5. This companytention was number accepted by the High Court. Amongst other matters. 415. it provided by cl. P.C. 22.
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1964_86.txt
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The husband is also living in Fairfax, USA. It appears that a decree of divorce was granted on an application filed by the husband by the Circuit Court at Fairfax on 10.12.1999. The informant Respondent No.2 is the brothers wife of the first appellant by name Rishi Anand presently living in Fairfax, USA and she is the daughter in law of the second appellant by name Raj Kumar Anand. The other two accused named in the FIR are the husband and mother in law of the companyplainant. 467 of 1998 registered by the Greater Kailash Police Station in respect of the offence under Section 406 IPC. by the appellants herein for quashing the FIR against them. As regards the first appellant who is the husbands brother, it is companytended that he came to India to attend the wedding of his brother Accused No.1 and having attended the wedding on 27th January, 1995, he left for USA the same night and he was unnecessarily implicated in the case. It is the companytention of the appellant that the FIR does number disclose the offence under Section 406 and even going by the allegations, there is absolutely numbermaterial even prima facie to arraign the appellants as accused in the case. under Sections 498 A, 323 IPC and Section 4 of Dowry Prohibition Act are mentioned, the FIR was registered for an offence under Section 406 of Indian Penal Code. Cognizance was taken by the Metropolitan Magistrate, Greater Kailash and process for appearance was issued. Even before that, it appears the relations between the respondent and the husband his family members became strained. The first respondent lodged a companyplaint with the Police on 15.1.1997. A son was born out of the wed lock in April 1996. By a brief order dated 7.12.2000 which is assailed in the present appeal, the High Court observed that certain disputed questions regarding return of the articles of the companyplainant have to be examined at the trial and there is numberground to quash the FIR at this stage. Although in the first information report, various other offences viz. Venkatarama Reddi, J. Non bailable warrant has also been issued against the first appellant as he failed to appear before the Court on the specified date. At that stage, petitions were filed under Section 482 Cr. Unfortunately, the marital life came to an end within 1 1/2 years after the marriage. By the impugned order, the High Court of Delhi rejected the application of the petitioners appellants for quashing F.I.R. After investigation, the charge sheet was filed. P.C. Leave granted and appeal heard. No.
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2002_219.txt
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1 was the landlord of the premises in suit and had number acquired the said premises by transfer. 1 that he needed the premises bona fide as prescribed by s. 14 1 e , the Rent Controller rejected the case of respondent No. The Rent Controller held that respondent No. 1 was the exclusive owner of the premises in suit by virtue of partition. 1 got this property by partition, he applied to the Rent Controller for the eviction of the appellant on the ground that he required the premises bona fide for his own residence and that of his wife and children who are dependent on him. 1, Major Ajit Kumar Poplai and Vinod Kumar Poplai. In regard to the finding recorded by the, Rent Controller under s. 14 1 e , the Rent Control Tribunal came to a different companyclusion. The said Tribunal agreed with the Rent Controller in holding that respondent No. 1 was his landlord, he did number require the premises bona fide and so, the requirements of s. 14 1 e of the Act were number satisfied. 1 preferred an appeal to the Rent Control Tribunal, Delhi. The point raised by the appellant under s. 14 6 of the Act was number upheld on the ground that acquisition of the suit premises by partition cannot be said to be acquisition by transfer within the meaning of the said section. 1 got the property in suit by partition, in law it meant that he had acquired the premises by transfer within the meaning of s. 14 6 of the Act and the provisions of the said section make the present suit incompetent. The short question of law which arises in this appeal is whether the partition of the companyarcenary property among the companyarceners can be said to be an acquisition by transfer within the meaning of s. 14 6 of the Delhi Rent Control Act, 1958 Act No. The appellant V. N. Sarin had been inducted into the premises as a tenant by respondent No. It held that respondent No.1 had established his case that he needed the premises bona fide for his personal use as prescribed by the said provision. The High Court upheld the findings recorded by the Rent Control Tribunal on the question of the status of respondent No. 1 under s. 14 1 e however, his application for the appellants eviction failed. 1 was number his landlord inasmuch as he was number aware of the partition and did number know what it companytained. 2 before partition at a monthly rental of Rs. The three members of this undivided Hindu family partitioned their companyarcenary property on May 17, 1962, and as a result of the said partition, the present premises fell to the share of respondent No. The premises in question are a part of a bungalow situate at Racquet Court Road, Civil Lines, Delhi. 2, Mr. B. S. Poplai and his two sons, respondent No. As a result of the finding recorded against respondent No. 1 was allowed and the eviction of the appellant was ordered. He urged that respondent No. Parushottam Trikamdas and D. Goburdhan, for the appellant. The bungalow originally belonged to the joint Hindu family companysisting of respondent No. V. Viswanath Sastri and B. N. Kirpal, for the respondents. 1 of three grounds. As such, it was found that he was the landlord of the appellant. 235/D of 1963. After respondent No. Against this decision, respondent No. In the result, the appeal preferred by respondent No. To this application, he impleaded the appellant and respondent No. 468 of 1965. The appellant companytested the claim of respondent No. The last companytention raised by him was that if respondent No. He also urged that even if respondent No. 1965 of the Punjab High Court at Delhi in Second Appeal from Order No. In regard to the plea made by respondent No. This decision was challenged by the appellant by preferring a second appeal before the Punjab High Court. In fact, these two findings companyld number be and were number challenged before the High Court which was dealing with the matter in second appeal. The Judgment of the Court was delivered by Gajendragadkar, C.J. Appeal by special leave from the judgment and order dated March 1. It is against this decree that the appellant has companye to this Court by special leave. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1965_245.txt
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The detenu was also served with the relevant documents mentioned in the grounds of detention. The Panchnama dated February 12, 1988 which had been referred to in the list of documents referred to in the grounds of detention and a companyy of which had been given to the detenu along with the grounds of detention, is number at all legible as is evident from the companyy served on the detenu. 1 along with the grounds of detention. So the detention order cannot be termed as illegal and bad for number supply of legible typed companyy of the said document i.e. It is also number in dispute that on receiving the documents along with the grounds of detention the detenu had made a representation to the Respondent No. 1 stating that some of the documents supplied with the grounds of detention are number at all legible and as such requested for supplying him typed companyies of those documents in order to enable him to make an effective representation. The order of detention was made on 30th April, 1988 and the detenu was arrested and detained on 11th May, 1988. He was served with the order of detention made by Respondent No. On June 6,1988 the detenu made a representation to the Respondent No. 1, Union of India has companytended that even though legible companyy of Panchnama referred to in the list of documents mentioned in the grounds of detention has number been supplied to the detenu yet the fact that five gold biscuits of foreign marking were recovered from the possession of the detenu was sufficient for subjective satisfaction of the detaining authority in making the said order of detention. The detenu immediately after receipt of the grounds made a request to the detaining authority on May 21, 1988 for giving him typed companyy of the said document. On 21st May, 1988, the detenu made a representation to the Respondent No. 1 against the said order of detention which was rejected by the Respondent No. This request was turned down by the detaining authority and numberlegible or typed companyy of the said document was supplied to the detenu to enable him to make his effective representation against the impugned order of detention made under Section 3 1 iii of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. Karaniha, Under Secretary to the Government, Home Department COFEPOSA CELL where it has been stated that those documents are legible and as such the request for furnishing typed companyies of the said documents cannot be companyceded. Thereafter a writ petition was filed assailing the order of detention as illegal and bad. After hearing the learned Counsel for both the parties the High Court dismissed the writ petition and companyfirmed the order of detention holding that The recovery of five gold biscuits, the positive statements made by the detenu himself accepting the recovery of the gold biscuits from him, the opinion of the goldsmith that the gold is of 24 carat purity and of foreign origin and the relevant material placed in that regard, leave numbermanner of doubt that the satisfaction formed by the detaining authority is on the basis of the relevant material. Panchnama dated February 12, 1988. 93 of 1988 filed by Smt. On 27th May, 1988 a reply was sent to the said letter under the signatures of Mr. K.N.N. This appeal on special leave is against the judgment and order passed by the High Court of Karnataka on October 5, 1988 dismissing the writ petition No. Against this impugned order rendered by the High Court the instant appeal has been filed before this Court. C. Ray, J. Arguments heard. Special leave granted.
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1989_471.txt
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In view of the provisions companytained in Rule 62 of Chapter XIV A of the KER they companytinued till the last date of the month in which the academic year ends. during the companyrse of academic year 1996 97. Irrespective of their due date of superannuation, they were allowed to companytinue in service by virtue of Rule 62 of the Chapter XIV A of KER. Point of companytroversy in all these appeals is whether teachers superannuating during a particular academic year but companytinuing in service by virtue of Rule 62 of Chapter XIV A of the Kerala Education Rules, 1959 in short the KER are entitled to the benefit of pay revision companying into effect during such extended period. The age of retirement in each case is 55 years, but benefit of companytinuance in service is granted till the end of the academic year. Undisputedly the academic year in each case came to end on 31st March of the companycerned year. Writ petitions were filed by the companycerned teachers claiming benefit of the pay revision and for fixation of pensionary benefits on the basis of the revised pay. The said date in each case fell within academic year. 3000/98/Fin dated 25.11.1998 had issued orders on acceptance of the recommendations of the Pay Revision Committee 1997 that the existing scales of Pay will be revised and the revised scales will companye into force with effect from 1.3.1997. Detailed reference to the factual aspect is unnecessary as the basic feature in each of the appeals is that the companycerned teachers were to retire on the date of attaining the age of superannuation. In each case, the companycerned teachers were to superannuate on attaining the age of 55 on various dates between July, 1996 and March, 1997.
i.e. They retired from service on 31.3.1997. The matter was, therefore, referred to a Full Bench, which by its companymon judgment affirmed the view that the revised pay scale was to be given. When the matter was placed before a Division Bench, it was numbered that there appeared to be companyflicting views expressed by different Division Benches. The Government of Kerala Finance Department by G.O. The State preferred Writ Appeals before the Division Bench. In the companynected appeals the said judgment of the Full Bench was followed and the States appeals were dismissed. Subject matter of challenge in the appeals arising out of SLP C Nos. ARIJIT PASAYAT, J. The Writ Petitions were allowed by several judgments passed by learned Single Judges. Leave granted. No.
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2005_312.txt
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The said preliminary issues were determined by the Commission in favour of the respondents herein and against the appellants. The Commission on the said preliminary objection, raised the following issues 1.
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2002_1149.txt
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189 to 191 of 56 .
t. desai and g. c. mathur for the respondent in c. a. number 190 of 56 .
c. mathur for the respondent in c. as. a. v. viswanatha sastri j. v. jakatdar and i. n. shroff for the appellant in c. a. number 188 of 56 .
n. sanyal additional solicitor general of india and c. mathur for the respondent in c. a. number 188 of 56 .
v jakatdar and 1.
n. shroff for the appellants in c. as. 2 3 by virtue of the power thus companyferred the district companyncil of bhandara which was a local authority companystituted under this act of 1920 imposed a tax on the export of bidis and bidi leaves by rail out of the bhandara district by a resolution dated may 14 1925 as amended by anumberher dated april 18 1926.
the tax was at the rate of 4 annas per maund on bidis and 2 annas per maund on bidi leaves. the local government framed rules for the companylection of the tax under s. 79 of the act of 1920 and the said tax was being collected by this local authority on april 1 1937 when part iii of the government of india act came into force. section 51 of the central provinces and berar local self government act 1920 enacted 51. those of gondia bhandara and sakoli these being the three tahsils comprised in the district and the three janpads were administered by three janpad sabhas formed under the act of 1948.
there were provisions in the later enactment providing for companytinuity in the powers to be exercised by the district companyncils whom the former replaced. it is number companymon ground that the tax thus levied and companylected was a terminal tax on goods carried by railway companyered by entry 58 in the federal legislative list list i in the seventh schedule to the government of india act of 1935.
by reason of the provision however of s. 143 2 of the government of india act 1935 extracted earlier the local authority companytinued to retain the authority to levy and companylect the said tax and the tax continued to be companylected by the district companyncil even after april 1 1937 when part iii of the government of india act came into force. 189 and 191 of 56 .
february 7.
the judgment of the companyrt was delivered by ayyangar j. section 143 2 of the government of india act 1935 enacted. 194 195 200 and 202 of 1954 .
c. setalvad attorney general .for india. 188 to 191 of 1956.
appeals from that judgment and decree dated april 13 1955 of the former nagpur high companyrt in civil suits number. 1 subject to the provisions of any law or enactment for the time being in force a district companyncil may by a resolution passed by a majority of number less than two thirds of the members present at a special meeting convened for the purpose impose any tax toll or rate other than those specified in sections 24 48 49 and 50. m.c.c. the precise import significance and effect of the words companytinue to be levied and to be applied to the same purposes until provision to the companytrary is made by the federal legislature is the companymon question which arises in these four appeals which companye before us by virtue of certificates under art. 132 of the companystitution granted by the high companyrt of madhya pradesh at nagpur. 3 4 9 and 10 of 1955 original number. number. civil appellate jurisdiction civil appeals number.
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1962_185.txt
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Vinayaga Mission. In Vinayaga Mission Hospital, Salem there was numberfree treatment. The tribunal discarded radiologist report of VMKVM College and Hospital on the ground that the claimant had number pleaded in his claim petition about the treatment in VMKVM College. It appears that appellant discharged himself from VMKVM College and Hospital on 24.11.2009 and on the same day admitted himself in Maruthi Hospital, Namakkal and got himself discharged on 27.11.2009. Thus, appellant did number specifically plead that he was treated in VMKVM College and Hospital. But immediately, the next morning he got his X ray from VMKVM College and Hospital, which is admittedly a free hospital. The Radiology report numberes that appellant suffered fractures in 5th to 8th ribs. However, in our companysidered view, it can number be taken as a ground to discard the radiologist report of VMKVM College and Hospital. The appellant was brought for admission in Vinayaga Mission Hospital, Salem at 9.30 p.m. but refused to admit himself as an in patient. Relying upon the evidence of RW 1 Dr. Balaji attached to Vinayaga Mission Hospital, the tribunal did number accept the version of PWs 1 and 2. Dr. Balaji RW 1 himself admitted in his re examination that he did number check whether there was any injury on the right ribs. To substantiate his evidence, Dr. Govindasamy PW 2 , Medical Officer of VMKVM was examined on the side of the claimant. Thus, appellant has companytended that he has sustained permanent disabling injury and therefore the learned tribunal erred in relying on self contradictory testimony of Dr. Balaji RW 1 of Vinayaga Mission Hospital, Salem, who has prepared the wound certificate Ex. The accident has caused multiple rib fractures to the appellant which has severely affected appellants ability to work in the Poultry Farm or to do any physical work. PW 2 further stated that X ray was taken of the chest portion and found fractures in right ribs 5th to 8th and Report of the same is marked as Ex. No.597/2009 by the Motor Accident Claims Tribunal, Namakkal. RW 1 further stated that he advised claimant to admit as an inpatient but he was number so admitted. The Discharge Summary duly recorded on examination, appellant had swelling, tenderness and crepitus right side of chest and had rib fractures. During cross examination of PW 2, suggestion was put to him that the appellant did number sustain fractures of right ribs 5th to 8th and the same was denied by PW 2. Appellant further required Rib Belt Support and Analgesics to relieve himself from pain. He deposed that the appellant was admitted as an inpatient on 18.11.2009 and medical treatment was given to him and he was discharged on 24.11.2009. Further in the primary records maintained in the hospital, it is stated in companyumn of final diagnosis that there are multiple right rib fractures 5, 6, 7, 8 and the companyy of the same was marked as Ex. RW 1 stated that as per the case sheet Ex. Appellant filed an application before the Motor Accident Claims Tribunal, claiming companypensation of Rs.5,00,000/ for the injuries sustained by him in the alleged accident. X3 to the effect that the appellant has suffered only two simple injuries. TN 28 X 4892 driven by the appellant from behind, due to which appellant sustained in the eye brow, chest and multiple injuries all over the body. Dr. M. Sivakumar PW 3 has examined the claimant and also perused the case history, wound certificate and Radiologist report of the claimant issued disability certificate Ex. X3 , appellant sustained 1 4cm x 2cm abrasion on the right jaw 2 abrasions also found on both the knees, there was numberother injury except the above two. Contention of the appellant is that at the time of the accident he was working as a labourer in a Poultry Farm and was earning Rs.6,000/ per month. Rather, this seems to be the inadvertence while drafting the claim petition, as companyfusion is likely to happen, when admittedly both the hospitals are under the same management i.e. The primary evidence of PWs 1 and 2 and Radiology report ought number to have been discarded in the absence of any companyent evidence led by the respondent stating that they are false. X4 on the basis of case sheet Ex. No.554/2013, wherein vide impugned judgment dated 27.2.2013, the High Court refused to interfere with the findings of the tribunal on the ground that the appellant has suffered only simple injuries. Thus, the appellant duly discharged his initial burden of proof and after that it was upon the respondents to lead further evidence. TN 27 0907 owned by Respondent No.1, while driven by his driver in a rash and negligent manner dashed TVS 50 bearing Registration No. The tribunal upon companysideration of the rival companytentions, vide order dated 9.09.2011 awarded companypensation of Rs.25,300/ alongwith interest at the rate of 7.5 per annum. The brief facts of the case are On 18.11.2009, a lorry bearing Registration No. The second respondent herein is an insurance companypany with which the vehicle involved in the accident was insured. The appellant in the instant appeal is seeking enhancement of companypensation awarded to him in M.C.O.P. X2 which is prepared after companyparing with the original. Per companytra, the learned companynsel for the insurance companypany has, by and large, supported the impugned judgment. The appellant being dissatisfied with the amount of companypensation, approached the High Court of Judicature at Madras in C.M.A. We have companysidered the rival companytentions of both the parties. BANUMATHI, J. Leave granted.
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2015_87.txt
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The suit filed by the appellant for declaration of title and permanent injunction was decreed by the trial Court vide judgment dated 31.1.1995. The appeal preferred by the respondents was dismissed by District Judge, Villupuram but the second appeal filed by them has been allowed by the High Court and suit of the plaintiff appellant dismissed. Hence, this appeal by special leave. Leave granted.
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2009_1273.txt
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By proceedings dated 26.12.2008, the Assistant Revenue Officer, the Bruhath Bangalore Mahanagara Palike the B.B.M.P. It is number in dispute number it can be disputed that the license permission was granted to the appellant for companylection of the parking fee by the Assistant Revenue Officer. for short , had granted temporary license permission to the appellant herein for companylection of the parking fee in a particular area. It is this action of the respondents which had prompted the appellant herein to approach the Writ Court in Writ Petition No.580 of 2009. Subsequently, by its order dated 02.01.2009, the respondents have cancelled the license/ permission granted by the Assistant Revenue Officer. Aggrieved by the same, the appellant had filed Writ Appeal No.387 of 2009 before the Division Bench of the High Court. This appeal is directed against the judgment and order passed by the High Court of Karnataka at Bangalore in Writ Appeal No.387 of 2009, dated 25.02.2009 whereby the High Court has dismissed the Writ Appeal filed by the appellant herein. The High Court had called for the records of the writ petition since the companysideration of the request made by the appellant for grant of interim order is in the main matter itself. The learned Single Judge of the High Court, while entertaining the petition, had refused to grant the interim order sought for by the appellant. After hearing the learned companynsel for the parties, the High Court has dismissed the Writ Appeal. Aggrieved by the same, the appellant is before us in this appeal. Leave granted.
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2013_493.txt
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It is companytended that the erstwhile State of Andhra Pradesh was divided into three local areas that came under Andhra University, Osmania University and Sri Venkateswara University for the purpose of admission into the educational institutions. Subsequent to the bifurcation of the State, the Andhra University area and Sri Venkateswara University area have companye under the territory of State of Andhra Pradesh and the Osmania University area has companye under the State of Telangana and 85 of the seats are reserved for the local candidates in each University area and the said system is to remain in vogue for a period of ten years. the States of Tamil Nadu, Andhra Pradesh and Telangana for the year 2015 2016 for the super specialty companyrses and further to issue a writ of mandamus directing the respondent Nos.1 and 6, as well as the respondent No.2, the Director General of Health Services of the Union of India, to companyduct a companymon entrance test for admission to super specialty companyrses, like DM M.Ch. While in Jagadish Saran case and in Pradeep Jain case it was categorically held that there companyld be numbercompromise with merit at the superspeciality stage, the same sentiments were also expressed in Preeti Srivastava case as well. In Preeti Srivastava case, the Constitution Bench had an occasion to companysider Regulation 27 of the Post Graduate Institute of Medical Education and Research, Chandigarh Regulations, 1967, whereby 20 of seats in every companyrse of study in the institute was to be reserved for candidates belonging to the Scheduled Castes, Scheduled Tribes or other categories of persons, in accordance with the general rules of the Central Government promulgated from time to time. the Secretary, Ministry of Health and Family Welfare, Union of India and the Medical Council of India, respectively, to allow the petitioners to appear in the entrance examination companyducted by the respondent Nos.3 to 5 i.e. at All India Level, and for certain other ancillary reliefs. On the basis of aforesaid assertions prayers have been made to issue a companymand to the Respondent Nos.1 and 6 i.e.
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2015_769.txt
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The companyplainant and Harkesh Kumar asked the accused persons number to do so. In the meantime, Harkesh Kumar PW 2 who was a resident of Bhawanigarh also came there. Accused Jaswant Singh was sentenced to undergo R.I. for 3 years under Section 120 B of IPC and to pay a fine of Rs. Bittu, Neetu, Tony and Michu threw Ashok Kumar the deceased on the floor and placed a big stone on his chest. 1,000/ in default whereof he was to undergo further R.I. for 3 months. He along with other accused, loaded the body of Ashok Kumar in the car on the pretext that they were going to admit him in the Civil Hospital, Bhawanigarh. The companyplainant Gurdip Singh son of Arjan Singh, resident of Village Kasba Bharawal, Police Station Malerkotla came there and got his statement recorded with the SHO Jaswinder Singh, to the following effect That on the preceding night at about 200 a.m., when he was performing his duty at the Dera Kar Sewa, Balad Crossing, Bhawanigarh, he saw the accused persons Bittu, Neetu, Tony, Jagdeep Michu and Ashok Kumar Rocky deceased , who were known to him, companying towards the Dera from Bhawanigarh side. The Trial Court by its judgment and order dated 19.3.2004, companyvicted the accused respondents and sentenced them as follows Bittu, Neetu, Tony and Jagdeep Singh were companyvicted under Section 302 IPC and sentenced to undergo life imprisonment and pay a fine of Rs.10,000/ each, in default whereof they were directed to undergo further R.I. for one year each. They were further sentenced to undergo R.I. for 3 years under Section 201 IPC and to pay a fine of Rs.1,000/ each, in default whereof each of them were to undergo I. for 3 months. They were further sentenced to undergo R.I. for 10 years and R.I. for 5 years under Sections 364 and 120 B of the IPC, respectively, and pay a fine of Rs.2,000/ and Rs.1,000/ each, with default clauses. They threatened the companyplainant and Harkesh Kumar with dire companysequences, if they disclosed the incident to anybody. In the next morning, the companyplainant and Harkesh Kumar came to know that the dead body of Ashok Kumar and his clothes were lying on the road near the Dera of Baba Sham Giri. The Trial Court companyvicted the accused respondents on the basis of the prosecution story relying upon the following circumstantial evidences Testimony of eyewitnesses Narain Dass PW 5 , Gurdeep Singh PW 6 and Kashmir Chand PW 7 , is natural and there is numberenmity between them and the accused persons. The medical evidence companyroborates the statements of Narain Dass PW 5 and Kashmir Chand PW 7 . Shortly after that, accused Jaswant Singh also came there on a Maruti Car bearing No. Motive has been proved by the testimony of Kashmir Chand PW 7 . They forcibly closed his numbere and mouth after which Ashok Kumar became unconscious. Thereafter, the accused persons dragged him towards the main road, where his clothes were removed and they stuffed his mouth with soil. The brief facts necessary to dispose of these appeals are that on 9.10.2002, a police party headed by SHO Jaswinder Singh, along with other police officials, was on patrolling duty in the area of truck union, Bhawanigarh. D 341, D 407, D 607 and D 341 of 2004. After investigation the Police filed its report and the prosecution presented the challan against the accused persons in the Court of Additional Chief Judicial Magistrate, Sangrur, on 2.1.2003. The State of Punjab is, thus, before us in appeal against the acquittal of the accused persons, who are respondents in the present appeals. PB 34/1110. Aggrieved by the judgment and order dated 19.3.2004 passed by the Trial Court, the accused persons challenged their companyviction by filing criminal appeals before the High Court of Punjab and Haryana at Chandigarh, being Criminal Appeal Nos. After companysidering the material on record and hearing the prosecution and defence, charges under Sections 120 B, 364, 302 and 201 of the Indian Penal Code were framed, read over and explained to the accused persons who pleaded number guilty and claimed for trial. Upon this statement of the companyplainant, a formal FIR was recorded. The High Court pointed out serious lacunae in the above said evidences which were companysidered by the trial companyrt in companyvicting the accused and hence the companyviction order was set aside as the necessary benefit of doubt was given to the accused. Thereafter, the case was companymitted to the Court of Sessions Judge, Sangrur. Pinaki Chandra Ghose, J. The High Court by the impugned judgment and order allowed the appeals on the ground that the prosecution failed to prove the chain of circumstances enough to companynect all the accused with the alleged offence and, companysequently the respondents were set at liberty. These appeals by special leave have been directed against the judgment and order dated 11.8.2011 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No.
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2015_779.txt
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The appeal is directed against the judgment of a learned Single Judge of the Allahabad High Court dated 8 2 1995. Special leave granted.
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1996_149.txt
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Any sales tax other tax payable may be charged additionally by Usha Sales. Price 5 a JEs selling prices to Usha sales shall be intimated by JE from time to time. The prices at which Usha Sales shall sell the agreement products to their agents dealers shall be determined by them so however that Usha sales make up on their purchases price shall number exceed Sewing Machines Accessories 10.00 Rs. However, Usha sales their dealers agents shall be free to charge prices lower than the said maximum. The assessee and UIL had entered into a sales agreement dated 01.05.1979. 5/ per top Fans 7.35 Component parts 13.35 The price so companyputed shall be maximum price and Usha sales shall be free to sell at prices lower than the said maximum. Usha sales shall be liable to make payment in respect of supplies invoiced by JE on its numberinees in case of default by the letter. Under the said agreement, the main function of UIL was to organize the sale and distribution of the products of the assessee and to arrange for sale promotion measures of the products and to provide after sales service and such other services as might be required in the interest of sale of the said products. M s. Usha Sales Ltd. subsequently known as Usha International Ltd. hereinafter referred to as UIL is a companypany registered under the Indian Companies Act, with its registered office at 19, Kasturba Gandhi Marg, New Delhi. Consumer prices except for hire purchase sales shall number exceed the maximum authorized by JE from time to time. It is registered as a dealer under the Andhra Pradesh General Sales Tax Act, 1957 as well as Central Sales Tax Act, 1956. Payment Payment for all purchases shall be made to JE within 75 days of the date of the bill failing which Usha sales shall pay interest at JEs Maximum borrowing rates from their bankers at that time. In Kolkata, the companypany has its own office in the name of Eastern India Usha Corporation. Clause 4 USL shall make all purchases of agreement products as an independent principal and sell the same as such. The invoice is discounted by the HEI with Canara Bank, Secunderabad and the full amount is received by drawing Hundi on M s Usha Sales Ltd. Delhi for 10 days on the due date. In the books of account of the factory, the account of USL is debited for the invoice value and the sales tax companylection is credited to the account of the respective State. The Company is engaged in the manufacture and sale of electrical fans, sewing machines, fuel injection parts and accessories etc. The agreement also envisaged that UIL would purchase the said products as an independent principal and maintain adequate stocks and sell the same as such. In addition to the factory and office in Hyderabad, the companypany has its branch office at Vijayawada in the State of Andhra Pradesh. In the State of Andhra Pradesh, the Company has registered itself in the name and style of M s Hyderabad Engineering Industries Prop. It has its Head Office cum Registered Office at 23, Kasturba Gandhi Marg, New Delhi. The issue that we are called upon to decide in the case is, whether in the facts and circumstances of the case, the sale or purchase of goods can be said to have taken place in the companyrse of inter State trade or companymerce and thereby exigible to tax under the Central Sales Tax Act, 1956 hereinafter referred to as, the Central Act . Outside the State of Andhra Pradesh, the companypany has its godowns in different States including Delhi. The assessee companypany claimed exemption on a turnover of 8,87,75,643.00 towards goods transported to out of state depots otherwise than as a result of direct sale which would attract tax under Section 6 of the Central Act. The Company has its manufacturing units in different parts of the companyntry including Hyderabad, Andhra Pradesh. M s Jay Engineering Works Ltd. is a Public Limited Company, registered under the Companies Act, 1956. By the impugned judgment and order, the High Court has dismissed the Revision Petition filed by the assessee, inter alia, holding that the disputed transactions companystitute inter State sales, as companytemplated under Section 3 a of the Central Sales Tax Act, 1956. The Jay Engineering Works Ltd. Freight handling charges shall be reimbursed on an agreed basis. It has 16 divisional offices at various places in the companyntry with different names at every place wherever the assessees godowns are located. This appeal is directed against the judgment and order dated 21.06.2002, passed by the Division Bench of the High Court of Judicature of Andhra Pradesh at Hyderabad in Tax Revision Case No. This companytention of the assessee is negatived by the assessing authority, which view is companyfirmed by the Tribunal and the High Court. L. Dattu, J. 54 of 1991. It was for a period of five years.
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2011_1171.txt
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The name of the appellant as a financer indisputably was incorporated in the Registration Book of the vehicle. Indisputably the said vehicle had all along been in possession and companytrol of the fourth respondent herein. Whether a financer would be an owner of a motor vehicle within the meaning of Section 2 30 of the Motor Vehicles Act, 1988 for short the Act is the companye question involved herein. It further revealed that the said vehicle was held under a Hire Purchase Agreement with the appellant w.e.f. On or about 18th June, 1998, the appellant herein was impleaded in the proceeding on the premises that it was the financer of the said vehicle. However, the extract of Registration Book revealed that the vehicle was registered in the name of the 4th respondent only w.e.f. Praveen Kumar, fourth respondent, was the owner of a vehicle being a mini truck of Mahendra Nissan make purchased by him having been financed by the appellant for a sum of Rs.50,000/ . The Motor Vehicle Accident Claims Tribunal by a judgment dated 28th October, 1998 awarded a sum of Rs.2,08,000/ in favour of the respondent Nos. Appellant herein filed a written statement stating that on the date of accident the ownership of the vehicle was solely with the 4th respondent and number with the appellant. In the said accident one Degala Balakrishana died. 1 and 2 filed an application claiming companypensation alleging rash and negligent driving on the part of the driver of the said vehicle. It met with an accident on 29th May, 1995. The objection of the appellant that it was number liable to pay any amount of companypensation together with the owner of the vehicle, driver and insurance companypany was rejected by the Tribunal stating In the light of the decisions cited above, the legal position that emerges is that it is the person who is in actual possession and companytrol of the vehicle, who can be brought under the definition of owner, under the Act in order to make him tortuously liable for the acts of the servant and the burden lies upon the party, who asserts it and on their failure adverse inference can be drawn and the financier can also fastened with liability alongwith the registered owner. The said loan was discharged by him by the end of 1995. 6th February, 1995 which was cancelled on 10th November, 1995. 2725 OF 2008 Arising out of SLP C NO. 21500 of 2006 B. SINHA, J. 3rd June, 1992. Respondent Nos. REPORTABLE CIVIL APPEAL NO. Leave granted.
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2008_640.txt
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2 and 3, Krishan Dev and Vikas son of Krishan Dev. Then Vikram fired from his rifle on my father which hit him. Vikram again fired shot from his gun on my father which hit him on his waist. By the said order dated 24.07.2014 on the application under Section 319 CrPC, the Trial Court, while partly granting the prayer of the prosecution to summon one of the accused Sonu son of Jaipal to face the trial, has dismissed the prayer for summoning the other 7 persons namely, Krishan Dev, Vikash son of Krishan Dev, Rajan, Mukesh Jungli, Devinder Veeru, Surinder Mahal and Prithvi Raj. Krishan again raised Lalkara and instigated Sonu why are you standing and asked him to kill all sons of Hanuman. Then my brother Sandeep alighted from the Jeep and Vikram with his rifle fired two shots at him which hit on the left side of his chest and waist. Then accused tried to run away on their vehicles but Innova did number start and they left the Innova then along with 12 bore rifle and ran away from the spot in another vehicles sic 3.4 In his cross examination, the appellant deposed that Krishan Dev, Vikas, Sonu, Rajan, Mukesh Jungli, Devinder Veeru, Surinder Mahal and Pirthi Raj were declared innocent after investigation by the police, but volunteered to state that they were wrongly declared innocent. Thereafter we raised Raula of MAR DITTA MAR DITTA. In its impugned order dated 24.07.2014, the Trial Court referred to certain inconsistencies in the testimony of the appellant as companypared to his statement under Section 161 CrPC and the FIR and found numbercase for summoning 7 of the aforesaid persons but companysidered it just and proper to summon Sonu son of Jaipal, who had allegedly fired three shots from his firearm, which hit the appellant. Then Sonu fired three shots from his revolver out of which two fires on my chest near the heart and one near the left shoulder. Then all the accused started indiscriminating firing with their revolver, 12 bore gun and pistols and the fires hit with the vehicles, Mahi Ram, Budh Ram, my father and Sham Lal our servant. 3.5 Pending further cross examination of the appellant, an application under Section 319 CrPC was filed by the prosecution to summon the aforesaid 8 persons to face trial on the basis of the testimony of the appellant PW 1 , wherein, he had asserted that all of them were present at the crime scene and had assaulted and injured the appellant, his family members and associates on exhortation by Krishan Dev, which resulted in the demise of his father and brother. However, after investigation, only 3 persons, namely, Vikram Gilla, Gurmit Singh and Sunil Kumar, were charge sheeted. 9 of 14.01.2014 on an application filed under Section 319 of the Code of Criminal Procedure CrPC seeking summoning of additional accused persons to stand the trial. Hence, it was submitted that there was sufficient material on record to summon all the aforesaid persons to face the trial in this case. 3.3 In trial, the appellant was examined by the prosecution as PW 1, who asserted in relation to the incident in question, inter alia, as under .After alighting from the Car Vikas raised Alarm that they be taught lesson for taking possession of their land. The background aspects, so far relevant for the present purpose, companyld be numbericed, in brief, as follows 3.1 The prosecution case is that on 29.08.2013, the appellant accompanied by his father, brother and other associates, proceeded to reclaim possession of their land from the erstwhile tenants in companypliance with the directions issued by the Court of Assistant Collector Grade I that on reaching the site at about 330 p.m., they found that the companycerned revenue officers were number present and while they were making their way back to the village in search of the revenue officers, 3 4 cars intercepted them and about 10 12 persons emerged from the said vehicles, some of them being the alleged tenants, who were armed with pistols, rifles, swords, dangs, sotas, and 12 bore gun and that after a heated exchange of words, the appellant, his family members and their associates were attacked by the accused which resulted in the demise of the appellants father and brother while the others sustained varying injuries with the appellant receiving three bullet injuries. 3.2 For the incident in question, FIR came to be filed against 11 persons for the offences under Sections 302, 307, 341, 148 and 149 IPC as also Sections 27, 54 and 59 of the Arms Act. 2.1 Signature Not Verified The sessions case aforesaid is pending trial for the offences under Digitally signed by ASHOK RAJ SINGH Sections 302, 307, 341, 34 of the Indian Penal Code IPC and Sections 25, Date 2019.03.15 174138 IST Reason 54 and 59 of the Arms Act. 2626 of 2014 whereby, the High Court of Punjab and Haryana at Chandigarh, has upheld the order dated 24.07.2014 as passed by the Additional Sessions Judge, Fazilka in S.C. No. Against the order aforesaid, the appellant filed a criminal revision petition, being CRR No. The High Court upheld the order of the Trial Court while observing as under In this case, statements of companyplainant and witnesses is same, which were recorded by the police during investigation. In this appeal, the companyplainant appellant has called in question the judgement and order dated 02.07.2018 in Criminal Revision Application No. Dinesh Maheshwari J. Leave Granted.
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2019_199.txt
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instead of Rs.147 per sq.m. This companyrt reduced the companypensation to Rs.110 per sq.m. An extent of 358730 sq.m. and awarded Rs.100 per sq.m. The reference companyrt had increased the companypensation to Rs.150 per sq.m. In that case also the Land Acquisition Officer had awarded Rs.18 per sq.m. The LAO made an award dated 28.2.2003 determining the companypensation payable as Rs.18 per sq.m. The Reference companyrt by its judgment and award dated 28.2.2003 declared the companypensation awarded at Rs.18 per sq.m. The respondent has also filed an appeal companytending that companypensation at Rs.110 per sq.m. But subsequently by order dated 29.1.2009 the judgment dated 16.4.2008 reducing the companypensation to Rs.136.50 was companyrected and the companypensation was determined as Rs.147 per sq.m. It was therefore submitted that the market value of agricultural land determined by the reference companyrt at Rs.18/ per sq.m. affirming the determination by the LAO was companyrect and there was numberneed to increase the companypensation. The Land Acquisition Officer second respondent in the first matter and first respondent in the second matter will be referred to as the LAO. Whether the companypensation awarded by the High Court is excessive as companytended by the Board or inadequate as companytended by the respondent and what should be the companypensation? Before the High Court, the Board companytended that having regard to the provisions of the Goa Land Use Regulation Act, 1991 Land Use Act for short , a tenant in whom the land had vested under the Tenancy Act companyld number use it or allow it to be used for any purpose other than agriculture and therefore the valuation of such land companyld number be with reference to its potential for use for number agricultural building purposes, but should be only as agricultural land. The market value of the acquired land, if it was number subject to any prohibition regarding use under the Land Use Act, is number settled by the decision of this companyrt in regard to the neighbouring land, in Goa Housing Board v. Pandurang Sawant CA Nos.1992 93/2010 decided on 19.2.2010 . under the Goa, Daman and Diu Agricultural Tenancy Act, 1964 Tenancy Act for short . On the companytentions urged, the following questions arise Having regard to section 2 of the Land Use Act, whether the acquired land should be valued only as agricultural land or whether it companyld be valued as land with development potential for being used as building sites? LAO SLP C No.13195/2003 decided on 19.7.2005 . The first is that the special leave petition against the decision in Janaki N. Morajkar was dismissed by this Court Janaki N. Morajkar v. Spl. The said decision relates to the adjoining land Sy. Rameshchandra Govind Pawaskar first respondent in the first matter and appellant in the second matter whose land was acquired will be referred to as the respondent. 8540 and 8541 of 2011 SLP c Nos.149 and 9591 of 2009 These two appeals arise out of the judgment dated 26.9.2008 in FA No.216/2003, the first by the Goa Housing Board and the second by the land owner. to be proper and reasonable and affirmed the award of the LAO. of land in the said Survey No.102/1 belonging to the respondent was acquired in pursuance of the preliminary numberification dated 9.6.1994 gazetted on 16.6.1994 companyrected by companyrigendum dated 26.9.1994 gazetted on 27.9.1994 . On payment of the purchase price of Rs.59,980 determined under sections 18C and 18D of the Tenancy Act, a purchase certificate dated 6.5.1993 was issued to him under section 18H of the Tenancy Act companyfirming that he was deemed to be the purchaser of the said land under the provisions of the Tenancy Act, subject to the companydition that the said land shall number be transferred without the previous sanction of the Mamlatdar under section 18K of the Tenancy Act. As the ranks of the parties differ, the Goa Housing Board appellant in the first matter and second respondent in the second matter for whose benefit the acquisition was made will be referred to as the Board or the appellant. In support of its companytention, the Board relied upon a decision of a division bench of the High Court in Janaki N. Morajkar vs. Special Land Acquisition Officer First Appeal No.221/2003 decided on 9.2.2005 . By an order dated 31.1.1977 passed by the Mamlatdar, Bardez, the respondent was declared as the tenant of Survey No.102/1, Colvale village, Bardez, Goa measuring 374,000 sq. The respondent sought reference to the civil companyrt for claiming a higher companypensation. As a companysequence the appeal filed by the landowner for increase of companypensation stands rejected. and on appeal the High Court by judgment dated 16.4.2008 had reduced it to Rs.136.50. The second is that the appeal against the decision in Pandurang V.Sawant was allowed by this Court. Feeling aggrieved, the respondent filed an appeal before the High Court seeking increase in companypensation. No.102/1A which was the subject matter of First Appeal No.204/2003 before the High Court. Frontage on a road. The respondent will be entitled to all statutory benefits as awarded by the High Court. Situation in the interior at a distance from the road. CA Nos. V.RAVEENDRAN, J. At the outset we may numberice two subsequent events. Leave granted.
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2011_1118.txt
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278 of 1978 and 937 of 1978. 270 and 937 of 1978. Some of the dismissed companystables filed Civil Writ Petition Nos. Delhi in T. Nos. Later, in view of the assurance given in the Parliament by the then Home Minister, prosecu tions were withdrawn and the dismissed companystables were reinducted into service. Subsequently, some other companystables whose services were similarly terminated but were number reinstated in service even as fresh entrants, filed writ petitions in the High Court of Delhi being CWP Nos. In view of the public companytroversy and in deference to the views expressed in Parliament, a large number of agitating companystables were taken back in service as fresh entrants. The matrix of the case, in short, is that the services of the respondents who were appointed as companystables in Delhi Police in the years 1964 66 were terminated because of their participation in the agitation along with other police companystables in April 1967. Juse P. Verghese, K.N. 950, 961, 972, 986, 1049, 1198 of 1985 and T. No. The Police Administration preferred separate ap peals being LPA Nos. 33763382 of 1988. These writ peti tions were heard by Anand, J. who rejected the companytention raised by the respondents in the writ petitions regarding the delay and latches in moving the writ petitions, allowed the writ petitions quashing the impugned order of termina tion declaring that the petitioners will be deemed to have been in service and would be treated as such subject to certain companyditions. Rai and N.N Sharma for the Re spondents. These appeals arose out of the judgment and order dated November 26, 1987 passed by the Central Adminis trative Tribunal, Principal Bench, Delhi directing that the petitioners respondents in these appeals will be entitled to the same relief as was granted to the petitioners by Anand, J. in the writ petitions CWP Nos. 26/69 and 106/70 in the High Court of Delhi and the High Court by its judgment dated October 1, 1975 quashed the order of termination and the petitioners in that case were declared to be throughout in service. B. Barua, Aruneshwar Gupta and Ms. A. Subhashini for the Appellants. From the Judgment and Order dated 26.11.1987 of the Central Administrative Tribunal. 383 of 1986. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. Both these appeals were dismissed as barred by time and the judgment of the High Court dated October 1, 1975 became final. The Judgment of the Court was delivered by RAY. 24 and 25 of 1976. J.
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1990_199.txt
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A Nos.1199 of 2019 arising out of SLP Crl No.461 of 2019 Union of India vs. Yasmeen Mohammad Zahid Yasmeen related activities. A Nos.1199 of 2019 arising out of SLP Crl No.461 of 2019 Union of India vs. Yasmeen Mohammad Zahid Yasmeen also against reduction in sentence ordered by the High Court for offences under Section 120B of IPC and Section 38 of the UAPA, while said A2 Yasmeen is in appeal against her companyviction and sentence under Section 120B IPC and Section 38 of the UAPA. A Nos.1199 of 2019 arising out of SLP Crl No.461 of 2019 Union of India vs. Yasmeen Mohammad Zahid Yasmeen The 2nd accused was arrested on 1.8.2016 and she was under judicial custody in Kannur women prison. A Nos.1199 of 2019 arising out of SLP Crl No.461 of 2019 Union of India vs. Yasmeen Mohammad Zahid Yasmeen The High Court by its judgment under appeal, set aside the companyviction and sentence of A2 Yasmeen for the offences punishable under Section 125 IPC, Sections 39 and 40 of the UAPA while upholding her companyviction for the offence punishable under Section 120B IPC and Section 38 of the UAPA. A Nos.1199 of 2019 arising out of SLP Crl No.461 of 2019 Union of India vs. Yasmeen Mohammad Zahid Yasmeen Out of 15 accused named in the charge sheet all the other accused were declared to be absconding and A2 Yasmeen alone was sent up for trial for the offences punishable under Section 120B IPC, Section 125 IPC and under Sections 38, 39 and 40 of the UAPA. According to the prosecution, there was a criminal companyspiracy between original Accused No.1 husband of A2 Yasmeen and A2 Yasmeen from 2015 pursuant to which companyspiracy A1 and A3 to A15 left India and joined ISIS in Afghanistan and A2 Yasmeen was an active participant supporting terrorist activities of ISIS and she had raised funds to further the activities of ISIS and had received funds which were utilised for supporting the activities of ISIS. In the backdrop of these proved facts, the High Court then companysidered whether the offences alleged against A2 Yasmeen under the aforesaid five companynts were made out. The judgment and order dated 24.03.2018 passed by the trial companyrt was the subject matter of challenge at the instance of A2 Yasmeen in Criminal Appeal No.506 of 2018. A2 Yasmeen was also directed to pay fine in the sum of Rs.25,000/ under Section 120B IPC, in default whereof she was directed to suffer three months rigorous imprisonment. The judgment and order dated 04.10.2018 passed by the High Court of Kerala in Criminal Appeal No.506 of 2018 has given rise to these two appeals, one by Union of India against acquittal of A2 Yasmeen Mohammad Zahid Yasmeen in respect of offences punishable under Signature Not Verified Digitally signed by MUKESH KUMAR Date 2019.08.02 Section 125 of the Indian Penal Code IPC for short , Sections 39 and 40 172013 IST Reason of the Unlawful Activities Prevention Act, 1967 UAPA for short and Crl. Insofar as the role attributed to A2 Yasmeen was companycerned, the relevant witnesses were PWs 4, 6, 7, 8, 11, 12 and 13. After going through the material on record, the Special Court for the trial of NIA Cases, Ernakulam, found that the prosecution had established the case against A2 Yasmeen and companyvicted her for the offences punishable under Sections 120B and 125 IPC and under Sections 38, 39 and 40 of the UAPA and sentenced her to suffer rigorous imprisonment for three years, seven years, seven years, seven years and seven years respectively under the aforesaid five companynts. The memory card companytained revelation videos and videos relating to ISIS, audio speech of Anwar Alwaki, a brief guide to Islamic State and women of Islamic State. The case of the prosecution, in brief, was as under Pursuant to companyplaint received on 10.07.2016 in Chandera Police Station, Kasaragod preliminary investigation was undertaken which revealed that 14 persons had left India to join Islamic State of Iraq and Seria ISIS which is declared to be a terrorist organisation Serial No.38 in the First Schedule to the UAPA . The SIM cards were seized by PW41 as per P29 mahazar and produced as MO13 and MO14. The articles also companytained a memory card marked as MO15. This according to the prosecution further proved that she was preparing to go to Afghanistan at the instance of the 1 st accused. Among the articles, there were two Idea SIM cards. During the companyrse of investigation, A2Yasmeen was arrested on 01.08.2016 at Indira Gandhi International Airport, New Delhi while she was attempting to travel to Afghanistan along with her child. During the companyrse of its judgment, the High Court observed as under The aforesaid evidence of PW4, PW6, PW18 and PW21 who had attended the class of 1st accused clearly proves the propagation of ideology of IS. Uday Umesh Lalit, J. The charges were framed against her in respect of said offences. The prosecution examined 52 witnesses and relied upon various documents and material objects. At the time of admission, her personal belongings were entered in a register. Special leave to appeal granted.
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2019_509.txt
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The Rent Controller after companysidering the entire material on record recorded a finding that building is number in a dilapidated companydition so as to require demolition and reconstruction and, therefore, the landlord was number in a bonafide need of the premises. In his report the Commissioner found that the premises was old one, but was number in a dilapidated companydition so as to require demolition and reconstruction. The appellate authority affirmed the findings of the Rent Controller as regards the companydition of the premises. The respondent landlord filed a petition before the Rent Controller at Madurai for eviction of the appellant tenant under Section 14 l b of the Tamil Nadu Buildings Lease and Rent Control Act, 1960 hereinafter referred to as the Act The case of the landlord was that the building is in a dilapidated companydition and, therefore, it requires demolition and reconstruction. With these findings the petition filed by the landlord was dis missed. The Commis sioner inspected the premises with the help of a Chartered Engineer and submitted his report. The Rent Controller, before whom the aforesaid petition was filed, appointed an Advocate Commissioner to inspect the disputed premises and submit a report in respect thereof. The landlord also stated that he has sufficient funds to raise the new companystruction. The landlord thereafter preferred an appeal before the appellate authority companystituted under the Act. The landlord thereafter preferred a revision under Section 25 of the Act before the High Court. 2000 3 SCR 914 The following Order of the Court was delivered Appellant herein, is the tenant. Parties also led evidence in respect thereof. It is against the said judgment the tenant is in appeal before us. Consequently, the appeal was dismissed.
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2000_1190.txt
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Partner number. As per the Agreement the outlet was run in the firms name by partner number.3 and 4. In other words the retail outlet in the name of the firm companytinue to be run by partner number. Subsequently another agreement was entered between all the four partners on 3.5.1984 under which the partner number.1 and 2 referred to above demanded 100 litres of petrol per month, to which the partner number. 3 and 4 were recognized as partners of the reconstituted firm from that date. 3 and 4 and partner number. Motors was companystituted on 26.6.1973 with four partners and the said firm was running the retail outlet from 12.8.1975 onwards. The firm M s B.M. The legal heirs impleaded themselves as partners of the firm in the writ petition. As agreed upon, partner number.3 and 4 referred above supplied 100 litres of petrol per month to partner number. Partner number4 Roop Rani Tandon expired on 11.6.2011 and a letter was sent by the firm on 22.3.2012 to the Corporation intimating the death of the partner. 3 and 4 would run the retail outlet in the name of the firm. 3 and 4 agreed and partner number. They further agreed that they will have neither right in the retail outlet number claim right in the assets or liabilities of the firm and partner number. 1 and 2 further agreed that with effect from the said date the business of the petrol pump in the name of firm will be run by partner number. It is also admitted that all the four partners entered into subsequent agreement dated 3.5.1984 and as per the terms and companyditions of the said agreement partner number. It is also relevant to point out that partner number. The appellant Corporation stopped supply of petrol to the outlet and respondent No.1 herein namely the firm filed another civil suit in Suit No.582 of 1998 against the Corporation to restore supply. 1 and 2 from interfering in the management and working of the retail outlet. The Corporation by order dated 31.10.2012 rejected the representation of the firm. 1 and 2 and dispute arose in the year 1993 and partner number. 2 and 3 herein have virtually retired from the partnership and their entitlement was only to supply of 100 litres of petrol per month from the said date. The High Court after hearing both sides by impugned judgment dated 30.5.2013 directed the firm namely the writ petitioner, to make payment of amount equivalent to 100 litres of petrol per month from July 1993 to the date of the judgment and on such payment directed partner number.1 and 2 referred to supra to give No Objection Certificate for reconstitution of the firm and further directed the Corporation to take a decision regarding the reconstitution of the firm. 2 and 3 herein towards the value of 100 litres of petrol per month for the period from June 1993 to June 2013. The agreement dated 3.5.1984 was also acted upon and it is number in dispute that 100 litres of petrol per month was supplied to respondent number. 2 and 3 herein seeking for decree of permanent injunction to restrain them from interfering in the management and working of the plaintiffs retail outlet and the suit was decree ex parte on 14.1.2004. Thereafter the firm instituted a suit being Civil Suit No.368 of 1995 against Respondent number. 1 and 2 namely respondent number.2 and 3 herein would receive 100 litres of petrol per month or its value thereof. It was further observed in the order that even after payment is made, if partner number. Briefly the facts leading to the filing of the writ petition are as follows Respondent No.1 herein, partnership firm was companystituted on 26.6.1973 companysisting of four partners with the following profit sharing ratio Subhash Chandra 1 Brijrani 33 Ramesh Kumar Tandon 33 and Roop Rani Tandon 33 A licence agreement was executed on 12.8.1975 between the said firm and the then M s Burmah Shell Oil Storage Distribution Company of India Ltd. to run a retail outlet and the business was carried on. 1 and 2 do number give numberobjection, the Corporation shall reconstitute the firm waiving the No Objection. Aggrieved by the same the firm filed Writ Petition No.59450 of 2012 to quash the impugned order dated 31.10.2012 and for direction to restore supply. 3 and 4 filed a civil suit in Civil Suit No.368 of 1995 on the file of Civil Judge Senior Division Kannauj for permanent injunction to restrain partner number. Partner number3 Ramesh Kumar Tandon also died during pendency of the writ petition leaving his widow and son as legal heirs. M s Bharat Petroleum Corporation Limited is the appellant herein. 2 and 3 herein till June 1993. The firm filed Writ Petition No.19606 of 2012 to restore the supply and the High Court after hearing both sides by its order dated 3.9.2012 directed the Corporation to dispose of the representation. 2 and 3 herein namely partner number.1 and 2 referred to supra filed an application to implead themselves as defendants and the said application was dismissed by the trial companyrt and challenging that order a writ petition came to be filed by respondent number. The said suit was decreed ex parte on 14.1.2004. 2 and 3 herein and that also was dismissed. 1 and 2 shall have numberright, share or interest in the running of the business and also in the assets or the liabilities of the firm. The Corporation stopped supply on 30.3.2012 and directed to apply for a temporary dealership. A reading of the agreement dated 3.5.1984 clearly reveals that respondent number. 2 and 3 herein, have filed an application to set aside the ex parte decree and the said application is said to be pending. 2 and 3 in their letter dated 28.6.2013 shown as Annexure CA 2 to the companynter affidavit of respondent number1 have acknowledged the receipt of the said pay order and have stated that they have kept the said pay order as security and will number encash it till the final decision is taken by the Corporation in respect of reconstitution of the firm. 2 and 3 herein have claimed that they have filed an application to set aside the ex parte decree and the same is still pending and the decree is in force. 1 and 2 who are respondent number. In the said suit respondent Nos. Challenging the judgment, Bharat Petroleum Corporation Limited has preferred the present appeal. 3 and 4 only for nearly three decades. This appeal is preferred against the judgment dated 30.5.2013 of the Division Bench of the High Court of Judicature at Allahabad in Writ Petition Civil No.59450 of 2012. It appears that the said pay order has number been encashed and had expired. In other words it cannot be said that the original partnership deed companytinued thereafter. Respondent No.1 therein viz. Though respondent number. Respondent Nos. NAGAPPAN, J. We carefully companysidered the rival companytentions of the parties. Leave granted.
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2014_230.txt
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IA 481 is filed by him for restoration of the San Martin Marg plot as a dealer of HPCL. That plot was already allotted to HPCL as stated above. It has also filed an affidavit in IA 481 on 5.5.1999 opposing the applicants claim for restoration of San Martin Marg plot of the HPCL. It was number numbericed that Bharat Petroleum Corporations plot at the Bagga Link Road Filling Station was to be restored to it and companysequently HPCL companyld get back its plot at San Martin Marg. It may also be numbered that on 6.4.1999, the alternative site allotted to HPCL at Dwarka on 26.11.1998 was withdrawn because HPCL was getting back San Martin Marg plot. It is an admitted fact that the department did number give any numberice to HPCL number to the applicant before taking away the San Martin plot and allotting it to Bharat Petroleum. Learned senior companynsel also pointed out that after the impugned order, dated 10.3.1999 was passed restoring San Martin Marg plot to HPCL, possession was also delivered to HPCL on 24.3.1999, that the allotment of plot at Dwarka, dated 26 11 1998 to HPCL was also cancelled in view of the restoration of the plot at San Martin Marg. Consequent thereto, the Urban Development Department passed an order on 30.7.97, allotting the plot at San Martin Marg to Bharat Petroleum Corporation. This unnumbered IA has been tagged on with IA 481 filed by the applicant, the dealer of HPCL. Bharat Petroleum Corporation suffered numberprejudice because it retained its original allotment of plot at the Ridge. In the meantime, without numbericing the latter order of the Supreme Court, the joint Director New Leases allotted a site in Dwarka to HPCL on 26.11.98 for allotment to the HPCL in substitution of the plot at San Martin Marg, for being given to the applicant. The Land Development Officer delivered back possession to HPCL on 24.3.1999. The said companyporation companyld number lay claim for two plots, one at the Ridge and the other at San Martin Marg. The Government realised that once the order of the Supreme Court, dated 28.4.1997 was recalled on 7.4.1998, Bharat Petroleum companyld number lay any claim to San Martin Marg plot because its dealer, Bagga Link Road Filling Station, companyld retain the Ridge area location. But after the order of this companyrt, dated 7.4.98 recalling its earlier, order, dated 28.4.97, Bharat Petroleum Corporation started resisting the restoration of the status quo ante and wanted to retain the San Martin Marg plot as well as the one at Ridge area. In the light of the admitted or indisputable facts, even if fresh opportunity was given, it would number have made any difference to the result because of the following facts HPCL had an earlier allotment to the plot at San Martin Marg, dated 10.7.1996 and when companysequent to order in a PIL case that was withdrawn and allotted on 30.7.97 to Bharat Petroleum Corporation, numbernotice was given to HPCL or to its dealer, the appellant. This order was passed unfortunately without numberice to Bharat Petroleum Corporation. To the order of this companyrt, dated 28.4.1997 in the PIL, case, HPCL and the applicant were number parties. Soon after the passing of the order of the Supreme Court, dated 7.4.1998, recalling its earlier order, dated 28.4.97, the HPCL wrote to the Land Development Officer on 20.4.1998 for restoration of status quo ante, namely, for restoration of the San Martin plot to the HPCL so that it companyld be given back to its dealer, the applicant, as originally companytemplated. 1999 3 SCR 1173 RE INDER MOHAN BENSIWAL RE BHARAT PETROLEUM CORPORATION LTD.
A. Then Bharat Petroleum Corporation filed an IA unnumbered on 26.3.1999 in this companyrt for quashing the order, dated 10.3.1999 as having been passed in breach of natural justice. But finally by order, dated 10.7.1996, a site at San Martin Marg, Chanakyapuri, New Delhi, was allotted by the Land Development Officer to HPCL for the purpose of the petrol station of the applicant But, the order of this companyrt in a public interest case has changed the turn of events. The fact that later on Bharat Petroleum Corporation was allowed to retain the plot at the Ridge for the Bagga Filling Station by this companyrt was number relevant while dealing with the question of breach of principles of natural justice. 1689 of 1999 in the Delhi High Court impleading the Union Government, the Land Development Officer and the HPCL but the same was dismissed by a speaking order on 24.3.1999 holding that the impugned order, dated 10.3.1999 of the Government restoring status quo ante was based upon the second order of the Supreme Court, dated 7.4.1998 recalling the earlier order, dated 28.4.1997 and that the High Court of Delhi companyld do numberhing to allow Bharat Petroleum to retain San Martin Marg plot. On the ground that numbernotice was given to it, when the order, dated 10.3.1999 was passed, Bharat Petroleum Corporation filed CWP No. Therefore, the Land Development Officer passed another order on 10.3.1999, restoring the status quo ante before 28.4.1997 and also restoring the original allotment, dated 10.7.1996 to HPCL for the purpose of the business of the applicant, who was HPCLs dealer. The facts of the case are as follows Initially, the HPCL wrote to the Land Development Officer, Ministry of Urban Development, for allotment of suitable site to the HPCL on 17.11.1993 and 24.1.1994 and an order was passed by the Deputy Land Development Officer on 7.9.1994 allotting a site described as Site B. On 28.4.1997, this companyrt passed an order in the public interest litigation relating to maintenance of environment in the Ridge area, for shifting the Bagga Link Road Filling Station number party before us who is a dealer with Bharat Petroleum Corporation from the Ridge area. It was also ordered that the alternative space allotted to the filling station i.e., San Martin Marg be withdrawn, and it was directed that the Land and Development Officer may retain possession of the land which was proposed to be allotted to it i.e., Bagga Link Filling Station . 5502 of 1999 filed by the said Bharat Petroleum Corporation was also dismissed by this companyrt on 19 4 1999. The companytesting party in the IA 481 is Bharat Petroleum Co. Ltd. and it has filed an independent IA also for quashing the order, dated 10.3.1999 on the ground of violation of principles of natural justice. 481 is Sri Inder Mohan Bensiwal who is an allottee of a retail outlet dealership for petrol from the Hindustan Petroleum Ltd. 8th respondent hereinafter called HPCL under a letter, dated 16.11.1993. Further, the order of the Government, dated 30.7.1997 in favour of Bharat Petroleum was passed as a companysequence of the first order of this companyrt, dated 28.4.1997 in the PIL case and when this companyrt, on 7.4.98, had withdrawn the order, dated 28.4.97, the order, dated 30.7.97 of allotment to Bharat Petroleum would also fall alongwith the order of this companyrt, dated 28.4.97. It is the case of Bharat Petroleum Corporation that pursuant to the order of the Government of India, dated 30.7.1997, it was put in possession on 1.9.1997. On the other hand, learned senior companynsel for the HPCL, Sri Gopal Subramanyam, companytended that this was number a fit case where this companyrt should exercise discretion in favour of Bharat Petroleum inasmuch as numberde facto prejudice had been shown. However, in a review petition filed by Bagga Link Road Filling Station in IA 185 in IA 18, this companyrt on 7.4.1998, recalled the order, dated 28.4.1997 and allowed the said dealer to companytinue where he was previously companyducting his business at the Ridge area. 481 in I.A. Further, learned senior companynsel made an alternative submission, namely, that the companyrt had a duty to pass an order in the nature of restitution so that an companysequences of its earlier order, dated 28.4.1997 which was recalled were set at naught. The applicant also made representation on 18.5.1998 and 26.11.1998. An order passed in violation of principles of natural justice was void and there was numberneed to go into any question of prejudice and the companyrt had numberdiscretion to refuse relief. That has resulted lin the present dispute. SLP C No. No.
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1999_479.txt
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The first accusedKaruppanna Gounder attacked Chinnappa Gounder with a Sammatti hammer , and A2, his sonin law used a Koduval sickle to attack Chinnappa Gounder on the head. The facts of the case are that Chinnappa Gounder deceased was the neighbour of the first accused. Thereafter, Chinnappa Gounder was taken to the hospital where he died. Both the injuries do number companyrespond with the injury of the back of the head or neck. The High Court upheld the sentence of the A1appellant herein, but as far A2soninlaw, Rajendran was companycerned, it was held that the injuries caused on the skull of the deceased Chinnappa Gounder were fatal. The second injury which is a bigger injury goes from the frontal to the parietal area. On 17.07.2000, Karuppanna Gounder, his soninlaw Rajendran, his wife Thangaiyee, his son Mayakrishnan, and some others were removing sand from their portion of the well when PW6, son of the deceased Chinnappa Gounder objected to this action since they were dropping the sand on the passage used by the deceased and his family. A4 and A5 attacked the deceased with iron rods and hit him on the head while the other accused attacked the deceased with stones and sticks. Compound fracture skull with laceration 10x4x3 cm deep from frontal to parietal area of head. The injury was caused with such great force that the skull broke into many pieces and the brain matter had companye out of the skull. After trial, the trial companyrt found A1 Karuppanna Gounder guilty of charge of murder and he was awarded life imprisonment. These injuries can be related to the attack made by A2Rajendran, A3 and A4, who have alleged to have used iron rods. Brain matter is exposed with injury to membranes. The first injury is 10x2 cm bone deep on the middle of the head in the parietal area meaning from the centre of the skull towards the back. The appellant is alleged to have used the Sammatti hammer and he gave a blow at the back of the head or on the neck of the deceased. The question is whether the death of the deceased companyld be attributed to the injury caused by the appellantA1. However, as per the medical opinion this injury companyld number have been caused with Koduval sickle . When PW6 tried to intervene he was also attacked by the accused. There was a companymon well Reason on this boundary which was also divided between the appellant number1 and the deceased. A2Rajendran was also held guilty under Section 302, 307, 324 of IPC and was awarded life imprisonment for the offence of murder. Since the injury was a lacerated wound, the High Court held that it companyld number have been caused by a sharpedged weapon. Signature Not Verified Digitally signed by They both had adjacent landed RACHNA Date 2019.09.17 175418 IST properties and shared a companymon boundary. Since appellant No.2 A2Rajendran has died during the pendency of this appeal, the appeal shall stand abated in so far as appellant number2 is companycerned. The appellant had initiated some civil proceedings and appear to have obtained an order permitting accused number1 to repair the well. A dividing wall was there in the well. All the other accused who were charged for various offences including murder were acquitted by the trial companyrt. After companypleting all investigations, the police filed a report under Section 173 of the Code of Criminal Procedure, 1973 against the appellant number1 and 12 other accused. On this a quarrel ensued and there was a verbal altercation between the parties. This appeal filed by the accusedappellant is directed against the judgment and order of the High Court of Madras dated 19.12.2008, whereby companyviction of the appellant number1 A1 under Section 302, Indian Penal Code, 1860 IPC for short has been upheld. They pleaded number guilty and claimed trial. DEEPAK GUPTA, J.
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2019_618.txt
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The outstanding in the house loan account of respondent No.1 as on date stands at Rs.3,78,476.65. As against this, there is a sum of Rs.3,43,000/ in the Term Deposit Receipt Account of the respondent No.1. Nothing further shall be payable by respondent No.1 to the appellant Bank on this account. The pension which has number been paid to the respondent No.1, shall be paid within a period of three months, and the respondent No.1 will sign the necessary papers immediately on presentation, and will number make any excuses for number signing the pension papers. This order is passed in full and final settlement of all disputes between the parties.
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2005_130.txt
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The sale of tea inside Assam bears a very small proportion to the tea produced and manufactured by the appellants. It appears that the appellants are growers of tea in West Bengal or in Assam and carry their tea to the market in Calcutta from where the tea is sold for companysumption in the companyntry or is exported for sale out of the companyntry. The Assam Taxation on goods carried by road and inland waterways Act, companytravenes Art. Besides the tea carried by rail, a large quantity of tea is carried by road or by inland waterways from Assam to Bengal and in some of these cases, from one part of West Bengal to another part of the same State through inland waterways, only a few miles of which pass through the territory of the State of Assam. The purpose of the Act is to levy taxes on certain goods carried by road or inland waterways in the State of Assam. The appellants moved the High Court of Judicature in Assam under Art. 128 of 1958 carry on their trade of growing tea in the District of Sibsagar in Assam while the third Civil Appeal No. 132 of the Constitution by the High Court of Judicature in Assam and Writ Petitions under Art. Thus the bulk of tea produced and manufactured is carried out of Assam, either for internal companysumption in India or for export abroad. The Assam Legislature passed the Act which received the assent of the Governor of Assam on April 9, 1954, and came into force on and from June 1, 1954. 301 of the Constitution or that it was an encroachment on the sphere of the Union Legislature or was in any way in companyflict with the provisions of the Tea Act XXIX of 1953. 32 of the Constitution were filed on behalf of two other producers of tea. The petitions under Art. 301 of the Constitution as the tax on carriage of tea through the State of Assam had the effect of interfering with the freedom of trade, companymerce and intercourse 2 that tea being a companytrolled industry under the provisions of the Tea Act XXIX of 1953, the Union Government alone had the power to regulate the manufacture, production, distribution or transport of tea and the jurisdiction of the Assam Legislature was thus companypletely ousted 3 that the tax under the Act was numberhing but a duty of excise, in substance, though number in form, and was thus an encroachment on the Central legislative field within the meaning of entry 84 of the Union List. It was also asserted that the Act was within the legislative companypetence of the Assam Legislature and was number within the terms of the prohibition companytained in Art. The tax thus demanded was paid by the appellants under protest, and soon thereafter petitions were filed in the Assam High Court under Art. The State of Assam, the Commissioner of Taxes, appointed under s. 6 of the Act, and the Superintendent of Taxes are the respondents to the appeals and the writ petitions. 301 of the Constitution. On June 30, 1954, the second respondent, the Commissioner of Taxes, Assam, in exercise of the powers companyferred upon him by subs. The three appellants are tea companypanies, two of which Civil Appeal No. The petitions filed by the appellants were heard by a Special Bench of the Assam High Court. 126 to 128 of 1958. 126 128 of 1958. The appellants in some of the cases, in pursuance of demand numberices, submitted returns to the third respondent, the Superintendent of Taxes, in the prescribed form in respect of tea despatched and carried up to September 30, 1954, under protest. The respondents opposed those petitions under Art. The appellants challenged the validity of the Act mainly on the grounds that 1 the Act, rules and the numberifications under the Act were ultra vires the Constitution, because the Act was repugnant to the provisions of Art. 132 and two petitions filed under Art. These appeals on certificates granted under Art. 3 of s. 7 of the Act,, published a numberification in the Assam Government Gazette bearing date June 21, 1954, by which he numberified for general information that the return under the aforesaid Act and the rules made thereunder for the period companymencing June 1, 1954 to September 30, 1954, should be furnished by October 30, 1954. The appellants moved the High Court under Art. The case of the respondents was that the Act was in pith and substance, a legislation to levy tax on certain classes and types of goods carried by road or inland waterways, strictly within entry number 56 of the State List. All the three companypanies which would be described hereafter as the appellants carry their tea to Calcutta in order that it may be sold in the Calcutta market for home companysumption or export outside India. 127 of 1958 carries on its trade in Jalpaiguri in West Bengal. These petitions were heard by a Special Bench of the Assam High Court, which, by its judgment and order dated June 6, 1955, dismissed them holding that the Act was number unconstitutional. N. C. Chatterjee, with N. C. Chakravarti, Dipti Bose and S. C. Mazumdar for the petitioners in Petition No. They also paid the tax demanded under protest. The Judgment of Sinha, C. J., was delivered by Sinha, C. J. 32 of the Constitution were moved in this Court for the same purpose of challenging the vires of the Act. The impugned Act was also challenged on the ground that it was discriminatory and thus void under Art. 226 of the Constitution challenging the validity of the said Act and praying for the issue of a writ of mandamus directing the respondents to forbear from giving effect to the provisions of the Act and the numberification issued under the Act and or a writ of prohibition or any other appropriate writ restraining them from taking steps under the provisions of the Act. The appellants then applied for and obtained a certificate from the High Court under Art. The said numberification also demanded the furnishing of quarterly returns before January 30, 1955 and April 36, 1955, for the quarters ending December 31, 1954 and March 31, 1955, respectively. 226 challenging the validity of the Act as well as the tax demands made by the officers of the respondent. 226 of the Constitution in the High Court. 1955 Tr. 246 of 1956 and with P. Chaudhuri, D. N. Mukherji and B. N. Ghose, for the appellants in C. As. 246 of 1956 and 2 of 1959 Under Article 32 of the Constitution of India for enforcement of Fundamental Rights with C. As. 126 of 1958 and Civil Appeal No. The petitioners also claimed alternatively a writ of prohibition or any other appropriate writ restraining the respondent and its officers from enforcing the Act against the appellants. All the pleas raised by the appellants were rejected by Sarjoo Prasad, C. J. and Ram Labhaya, J., who delivered,, separate but companycurring judgments. By J. their respective petitions the appellants prayed that a writ of mandamus should issue directing the respondent and its officers to forbear from giving effect to the provisions of the Act and from otherwise enforcing it against the appellants. The judgment of Gajendragadkar, Wanchoo and Das Gupta, JJ.,
SINHA C. J. 933, 55 C.L.R. The appellants and the petitioners will , in the companyrse of this judgment, be referred to, for the sake of companyvenience, as the appellants. 1, 56 and regarding the meaning of export to the decision in I.L.R. Thereupon, the appellants obtained the certificates that the cases involved substantial questions of law as to the interpretation of the Constitution. August 16, 17. From the judgment of the High Court the appellants have companye up in appeal on certificates granted by the High Court.
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1960_310.txt
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They took Daya Nand to his house. Randhir gave a pharsi blow on Daya Nand. He found 12 injuries on Daya Nand. Daya Nand died at 12.10 A.M. on 12.2.1985. Swami, attended Daya Nand at General Hospital, Bhiwani. The deceased Daya Nand and PW 7 had filed appeal against the decree in the Court of Addl. They found Daya Nand lying unconscious and the accused had run away. After dealing with Daya Nand, the accused proceeded to chase PW 7 but he ran away to his house. The doctor gave opinion that Daya Nand was unfit to make a statement. He looked back and saw Daya Nand had scaled a dauli a small wall . PW 9 has stated that a man who was present by the side of Daya Nand told him that PW 7 had gone to bring medicine. Sohan, Ramanand and Rajinder also arrived there and each of them gave one lathi blow to Daya Nand. Admittedly, there was civil litigation between the accused on the one side and deceased Daya Nand and himself and others on the other side. At that stage, accused Partap reached there and he also gave three lathi blows to Daya Nand in the back. The prosecution case as unfolded by PW 7 at the trial is that on 11.2.1985 the deceased Daya Nand and PW 7 Hoshiar Singh had started from their village in order to reach Bhiwani to attend companyrt hearing in the appeal. In response to the ruqa sent by PW 2, Sub Inspector, Udey Chand PW 9 , Incharge, Police Post, General Hospital, Bhiwani reached the emergency ward at 10.20 A.M. to find out if Daya Nand was in a fit companydition to make statement. Jindal PW 4 . According to PW 1, Dr. Dilbagh Singh, Incharge of the Gopi Primary Health Centre, Daya Nand was brought to hospital at 8.30 A.M. His companydition was serious as he was having multiple injuries after giving emergency treatment, referred him to General Hospital, Bhiwani giving a ruqa to Police Station, Badhra. With his endorsement PK/2, PW 9 gave ruqa Ex. PW 2, Dr. R.N. PW 2, Dr. Gupta intimated this fact to the Incharge, Police Post of the Hospital, Bhiwani. PW 9, Udey Chand companyld meet PW 7 at about 12.15 P.M. and recorded his statement as per Ex. They surrounded the deceased and PW 7 saying In Ko Aaj Yahin zamin dai do aur khata kar do. He sent ruqa at 10.10 A.M. to the Incharge, Police Post, General Hospital, Bhiwani and proceeded with medical examination. The accused Randhir surrendered to the companyrt on 14.2.1985. He was overtaken by Randhir who had also jumped over the dauli. PW 7 ran ahead deeper into the house and reached a point where there is a Neem tree and which is at higher level. Looking to the danger, the deceased and PW 7 ran into the nearby house of Nanak, the door of which was open. In support of the case, the prosecution examined 12 witnesses including PW 6 Amir Chand, Draftsman and PW 10 Deep Chand, the Headmaster of Government High School, Dalawas. The accused chased them. The suit for permanent injunction in respect of land in dispute was filed on 11.3.1982 by accused Sohan in which temporary injunction order was granted against the deceased and PW 7 and others which was companyfirmed later after hearing both the patties. Randhir A 2 and Kartar A 5 were armed with pharsis and rest of them with lathis. From there, they brought him to Primary Health Centre at Gopi at about 8.00 or 8.15 A.M. The remaining accused were also arrested on 15.2.1985. When they were at the outskirts of the village, the six accused emerged from behind stones. with a direction to carry to the Police Station Badhra for the registration of the case. After reaching home, he narrated, as to what happened, to his brother Dani Ram and companysin Tara Chand who were sitting at the entrance of the house and brought them to the spot of occurrence. These appellants were accused number. The dead body was subjected to post mortem examination by Dr. R.G. PK/1 which companystituted F.I.R. 454 DB of 1985. Thereafter recoveries were made at the instance of the accused as per the details given in the judgment of the Sessions Judge in paragraphs 20 27. 2001 2 SCR 309 The Judgment of the Court was delivered by SHIVARAJ V. PAUL, J. Thereafter the suit itself was decreed on 20.12.1983. along with his application made to the doctor and companyy of M.L.R. A l is the father of A 2. The alleged motive for the companymission of offence is the very civil litigation. 1 to 6 before the Sessions Court. P.C. These appeals are directed against the judgment and order of the High Court of Punjab Haryana made in Criminal Appeal No. in the case.
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2001_219.txt
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Other eight broadcasters also filed applications for companypulsory licence against Super Cassettes, relying solely on the order of the Copyright Board dated 25th August, 2010. Super Cassettes filed Writ Petition No.6255 of 2010, questioning the order passed by the Copyright Board dated 25th August, 2010. The said proposal made by Super Cassettes was rejected by MBPL, while other broadcasters companytinued to broadcast the work of Super Cassettes on existing mutually agreed terms which were different from the terms set out in the order of the Copyright Board dated 25th August, 2010. Super Cassettes responded to the said offer made by MBPL on the same terms as were prevalent under the expired voluntary licence agreement. After hearing Super Cassettes and the Respondents, including MBPL, on 15th September, 2010, the Delhi High Court passed an interim order to the effect that the order dated 25th August, 2010, passed by the Board would number be relied upon by any of the Respondents or any other party for a companypulsory licence against Super Cassettes. Despite the aforesaid order of the Delhi High Court dated 15th September, 2010, MBPL filed an application for companypulsory licence under Section 31 1 b of the Copyright Act, relying solely on the rates fixed by the Copyright Board for PPL by its order dated 25th August, 2010. By its order dated 28th March, 2011, the Copyright Board dismissed the application for interim relief filed by MBPL holding that it did number have the power to grant any interim companypulsory licence. ALTAMAS KABIR, J. Leave granted.
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2012_211.txt
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Respondent herein was appointed by the Authority on 1.4.1988 as a Amin. The State made a reference for adjudication thereof by the Presiding Court, Labour Court, P., Ghaziabad which is to the following effect Whether the disengagement deprivation, by the employers, of their workman Shri Ashok Kumar s o Mahipal Singh, Amin from the work with effect from 1.5.1990 is proper and lawful? For its various projects, it appoints daily wagers on an ad hoc basis. Before the Labour Court, first respondent companytended that since his date of recruitment, i.e., on and from 1.4.1988 till 9.4.1990, he companytinued to work. Appellant is an authority companystituted under the Uttar Pradesh Urban Planning and Development Act, 1973 Act . Appellant companytends that he was appointed on a periodical basis depending on the order of sanction issued by the State of Uttar Pradesh from time to time. 17711 of 2004 B. SINHA, J. It is a Local Authority within the meaning of the General Clauses Act, 1897. If number, what benefit reliefs the workman companycerned is entitled to get, along with any other particulars? Arising out of SLP C No. A Writ Petition was preferred thereagainst by the appellant before the Allahabad High Court. By reason of the impugned judgment, the said Writ Petition has been dismissed. Leave granted.
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2008_171.txt
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The petitioner herein was arrested on 31st May, 2009, along with one Mohit Hojai and on the same day they were produced before the Chief Judicial Magistrate, Kamrup, at Guwahati. Case No.1 of 2009. A similar prayer made on 15th June, 2009, was rejected on 29th June, 2009. On the prayer made on behalf of the investigating agency, the Chief Judicial Magistrate, Kamrup, sent the petitioner to police custody on 31st May, 2009. The petitioner filed another bail application before the Sessions Judge Special Court , Kamrup, Guwahati, which was rejected on 14th August, 2009. Further prayer for custodial interrogation was rejected by the Chief Judicial Magistrate, Kamrup, who, however, granted permission to the investigating officer to interrogate the petitioner in the Central Jail, Kamrup, Guwahati. On 6th June, 2009, the prayer made by NIA for further ten days custody of the petitioner was allowed by the learned Magistrate. On 29th July, 2009, the learned Single Judge of the Guwahati High Court dismissed the petitioners bail application on the ground of jurisdiction. A separate First Information Report was also filed by the National Investigating Agency hereinafter referred to as NIA in the Court of the Chief Judicial Magistrate, Kamrup. On the same day, the learned Magistrate also rejected the petitioners prayer for grant of bail. It was indicated that Mohit Hojai had also disclosed that he had companylected Rs.30 lakhs from the petitioner under different schemes. The said order of the learned Single Judge, Special Court, Kamrup, was challenged by the petitioner herein before the Division Bench of the Guwahati High Court on 29th May, 2009, under Section 21 of the 2008 Act by way of Criminal Appeal No.148/2009. While the investigation was pending with the State Police, the National Investigating Agency companystituted under the National Investigation Agency Act, 2008 hereinafter referred to as the 2008 Act took over the investigation on 5th June, 2009 and the case was renumbered as N.I.A. Thereafter, on an application made by the NIA on 27th August, 2009, the Sessions Judge Special Court , Kamrup, by its order dated 28th August, 2009 extended the period for companypletion of investigation by a further period of 60 days in terms of Section 43D 2 b of the 1967 Act as amended, read with Section 167 Cr. After the expiry of the said period of two days, a prayer was made for extension of police custody which was allowed for a further period of two days by the learned Magistrate by his order dated 2nd June, 2009. The learned Magistrate also rejected the bail application filed on behalf of the petitioner along with the companyaccused. In the forwarding report it was indicated that the ground for arresting the petitioner was that during interrogation of Mohit Hojai, who was the Chief Executive Member of the North Cachar Hills Autonomous Council, had disclosed that he was sending an amount of Rs.1 crore to an organization known as DHD J , an extremist organization, to enable it to purchase arms and ammunitions. The same was dismissed on 19th September, 2009 against which the present Special Leave Petition has been filed. Immediately thereafter, the petitioner filed a bail application before the Guwahati High Court and while the same was pending, the Government of India, Ministry of Home Affairs, issued a numberification dated 9th July, 2009, in exercise of its powers under Section 3 of the Unlawful Activities Prevention Act, 1967 hereinafter referred to as the 1967 Act , declaring the DHD J along with its factions, wings and front organizations to be an unlawful association. P.C.
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2009_1369.txt
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The permission granted by the authority came to be challenged before the High Court. The Judgment of the Court was delivered by HANSARIA, J. Heard learned companynsel for the parties. Leave granted.
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1994_1001.txt
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it appears from the perusal of the plaint as well as the issues framed that the very existence of the agreement described as hire purchase agreements was put in issue. therefore the main ques tion was whether the existence of the agreement as hire purchase agreement was denied by the appellant and put in issue before the companyrt. this fact was raised in the plaint and issue to that effect was raised in other words that the appellant plaintiff in this case was contended that the agreement described as hire purchase agreements were untrue and void procured fraudulently. it was the case of the appellant that the alleged arbitration agreement was number entered into as such in the sense though certain documents were executed these were number properly understood as hire purchase agreements. the execution of the documents was number denied but it was alleged that these were manipulated documents in other words fraudulent documents and it was further the case of the appellant that there were in fact numberagreements which contained the arbitration agreement. this is an appeal from the judgment and order of the high companyrt of madhya pradesh dated 17th of december 1986.
the appeal was filed by the plaintiff whose suit for a declaration that the eight agreements companytracts executed between it and the defendant number 1 m s. jayabharat credit and investment company limited were number hire purchase agreements but were agreements relating to transaction of loan and for injunction restraining the defendant number 1.
various issues were framed by the trial companyrt. civil appellate jurisdiction civil appeal number 2286 of 1987.
from the judgment and order dated 17.12.1986 of the madhya pradesh high companyrt in s.a.
number 536 of 1985.
m. tarkunde k.m.k. the issues framed by the learned trial judge also included this specific point. mukul mudgal for the respondents. the judgment of the companyrt was delivered by sabyasachi mukharji j. special leave granted. nair for the appellants.
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dev
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1987_331.txt
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Bishan Singh, Teja Singh and Gurdial Singh. The four appellants Bishan Singh, Teja Singh, Jullundur Singh and Gurdial Singh were tried on a charge of companymitting the murder of four persons, namely, Dhankaur, Malkiat Singh alias Gurmit Singh, Surinder Singh alias Chhinda and Tejkaur. 2538 of 1982 is field by one Balbir Singh against Jullundur Si gh one of the appellants herein for imposing on Jullundur Singh the sentence of death. 61 of 1981 on the file of the Sessions Judge, Feroze pore in which the four appellants Bishan Singh, Teja Singh, Jullundur Singh and Gurdial Singh were found guilty of offences punishable under Section 302/34, I.P.C. But in the case of Jullundur Singh, the sentence or death was companymuted into one of imprisonment for life. Admittedly the gun traced to him later on belonged to the deceased Malkiat Singh. The offence took place at about 7.00 P.M. on June 20, 1981 in village Nurpur Sethan. 197 DB of 1982 the High Court of Punjab and Haryana companyfirmed the companyvictions of all of the four appellants and the sentences of death imposed on three of them viz. and each of them was sentenced to death. The above criminal appeal arises out of a criminal trial held in Sessions Case No. Fazal Ali, J. On appeal, in Criminal Appeal No. Special Leave Petition Criminal No. The facts of the case have been detailed in the judgment of the High Court and the Sessions Court. The above appeal by special leave is filed by the appellants.
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1983_140.txt
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No.18189 W /2008 before the Calcutta High Court and sought the following reliefs a for a declaration that the action of CBSE in excluding the provision of re evaluation of answer sheets, in regard to the examinations held by it was illegal, unreasonable and violative of the provisions of the Constitution of India b for a direction to CBSE to appoint an independent examiner for re evaluating his answer books and issue a fresh marks card on the basis of re evaluation c for a direction to CBSE to produce his answer books in regard to the 2008 Secondary School Examination so that they companyld be properly reviewed and fresh marks card can be issued with re evaluation marks d for quashing the companymunication of CBSE dated 12.7.2008 and for a direction to produce the answer books into companyrt for inspection by the first respondent. Feeling aggrieved by the direction to grant inspection, CBSE has filed this appeal by special leave. The Central Information Commission, by its order dated 23.4.2007 in appeal number ICPB A 3/CIC/2006 dated 10.2.2006 had ruled out such disclosure. The Chief Secrecy Officer and his team of assistants are academicians drawn from the Universities and other autonomous educational bodies number companynected with the Board. Feeling aggrieved the first respondent filed W.P. V.RAVEENDRAN, J. Leave granted.
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2011_544.txt
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Having heard companynsel for both the parties and also having numbered the nature and function of the imported machine in question, we are of the opinion that the Tribunal was number companyrect in treating it as an office machine within the meaning of Tariff Heading 84.51/55, as in force at the relevant time.
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1997_62.txt
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According to the prosecution case one Mathura Singh was the maternal grand father of Raghubir Singh deceased and Atar Singh PW1 . After the death of Mathura Singh, Raghubir Singh, Atar Singh PW1 and Ram Manohar Singh, succeeded to the properties of Mathura Singh as his legal heirs. Raghubir Singh deceased used to do pairvi in those cases. Raghubir Singh deceased was doing pairvi in the aforesaid cases. It is the case of the prosecution that inspite of the pendency of the dispute, Atar Singh PW1 and Raghubir Singh deceased companytinued to cultivate the lands of Mathura Singh. On 16.12.1974 at about 8.00 A.M. Raghubir Singh deceased , Atar Singh PW1 and their servant Ram Kishun PW3 alongwith one Bhagauta were going from their village to Banda. The deceased, PW1, PW3 and Bhagauta tried to run but the accused came out from the culvert and started assaulting Raghubir Singh deceased . When Atar Singh PWJ , Ram Kishun PW3 and Bhagauta tried to save Raghubir Singh deceased , they were also assaulted They raised alarm and thereafter the appellants ran away. Raghubir Singh died on the spot, as a result of the injuries caused on his person. The injuries of Atar Singh PW1 , Ram Kishan PW3 and Bhagauta were examined by PW4 on 16.12.1974 itself, respectively at 11.00 A.M. 2.00 P.M. and 2.30 P.M. On post mortem examination several injuries on the vital parts of the body of Raghubir Singh deceased were found by PWJ3. Admittedly, the lands belonging to Mathura Singh had been inherited by Raghubir Singh and his brothers including Atar Singh PW1 but the accused persons got the lands recorded in their names, in respect of which, cases were pending before the Revenue Courts and Criminal Courts, including a proceeding under Section 107 of the Code. It is an admitted position that the details of the manner of occurrence have been stated in the First Information Report including the names of the witnesses like Atar Singh PW1 , Ram Kishun PW3 . But Ramadhin, Beni, Daduwa and Sarju got their names fictitiously recorded over the lands belonging to Mathura Singh. There was a strong motive on the part of the accused appellants to cause the murder of Raghubir Singh, was number disputed during the hearing of the appeal. It is said that about two and a half years before the occurrence Raghubir Singh deceased was assaulted by the appellant Kedar and others and in respect of that incident a case under Section 324 of the Penal Code was pending. Beni is the uncle of Kedar. Appellant Kedar is the son of Daduwa. Bakshi and P.N. Harkauli, JJ. Appellant Awdesh is the son of Ramadhin. Near the culvert of Loghaura, the appellants were sitting on the culvert armed with lathis. Some of them shouted Maro Salon Ko. The five appellants, along with Ram Pyare, Ram Kishore and Raj Kumar were companyvicted by the Additional Sessions Judge, Banda, on 13.3.1976 in Sessions Trial No. According to Bakshi, J. the charges leveled against all the eight accused persons had been established beyond all reasonable doubt and on that finding he upheld their companyviction and sentence. These witnesses have supported the prosecution case as disclosed in the First Information Report within one and half hours of the occurrence. Whereas according to Harkauli, J. the prosecution had failed to prove the charges leveled against them beyond ail reasonable doubt and on that finding he set aside the companyviction and sentence passed against them by the Trial Court. Most of the injuries wS,ere on the head causing several fractures. 30 A.M. within one and half hours of the occurrence, the distance from the police station being three miles. It appears that P.N. The First Information Report was lodged at 9. The sentences were directed to run companycurrently. Details of those injuries have been mentioned in the different judgments of the High Court. Being aggrieved by the judgment of the Trial Court, appeals were filed on their behalf, before the High Court. This appeal has been filed on behalf of the five appellants. heard the said appeals.
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1994_515.txt
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1,20,000 remitted by him from Srinagar in Kashmir to British India in the relevant accounting year as his profits accumulated outside British India and brought by him into British India. These remittances had been made by telegraphic money orders despatched from Srinagar post offices and by bank drafts sent by post from Srinagar. It appears to have been companytended by the appellant before the Tribunal that the moneys had been remitted from Srinagar out of the working funds there and number out of past accumulated income. Therefore, the moneys that were brought into India under this arrangement and by this method were the moneys of the sellers and number really the appellants moneys and whether they were his profits in Srinagar or number, the appellant was number liable to pay tax on them. When the matter thus came back to the Income tax Officer for the enquiry, it was admitted by the appellant that the profits in Srinagar were mixed up with the working funds there and it was number possible for him work out from his accounts to what extent the moneys sent to British India were the working funds of the current year. It held that having admitted that the profits in Srinagar were mixed up with the working funds, the appellant had failed to show that the remittances to British India had number been out of the profits and that, therefore, the burden which lay on the appellant of rebutting the presumption that remittances were made out of profits had number been discharged. That being so, when the moneys or drafts were put into the post office at Srinagar for transmission to the sellers, they had really become the property of the sellers and the appellant ceased to be the owner of them. In that view of the matter the Tribunal remanded the case to the Income tax officer for a proper enquiry and report as to whether, and if so, to what extent, the moneys sent to British India and utilised there in the purchase of goods included preceding years profits available for remittance to British India. 3,00,000 as found by the Income tax officer, and that the appellant was liable to pay tax on this sum. The moneys were despatched by telegraphic money orders and bank drafts sent by post under the instructions of the sellers of the goods and, therefore, the post office was really the agent of these sellers. The remitter, that is the appellant, had number companytrol over the moneys companyered by the telegraphic money orders or the bank drafts, once the instructions for the telegraphic money orders had been give or the bank drafts issued and, therefore, the moneys companyered by them were thereafter number the appellants moneys. The Income tax Officer had therefore directed him to pay tax on the said sum of Rs. The appellant preferred an appeal from this order to the Appellate Assistant Commissioner who held that the amount remitted out of the income in Srinagar was Rs. The Tribunal came to the companyclusion that numbersufficient opportunity had been given to the appellate to establish that the profits sought to be taxed were number mixed up in the working funds in Srinagar. It appears from the judgment of the Tribunal that at he hearing before it after the report of the Income tax officer had been received, the appellant for the first time sought to argue that there were numberremittances to British India at all. The judgment had been carrying on a business in cloth in Srinagar for a long time. The matter was then put in this way The remittances had been made on account of price of goods purchased by the appellants in British India. 3,00,000. It appears that in the relevant previous year, that is, between March 25, 1944, and April 12, 1945, the appellant had remitted from Srinagar to British India and aggregate sum of Rs. In view of the this admission, the only materials available on which the further enquiry companyld be made by the Income tax officer were those which had been produced at the time of the first assessments and that officer having companysidered these materials, reported that the Appellate Assistant Commissioners view that the profits transmitted to British India amounted to Rs. 3,00,000 were found by the Income tax Officer, Amritsar, who was in charge of the assessment, to have been his income in Kashmir accrued prior to such year and after March 31, 1940. 1,20,000 and number Rs. 1,20,000 was justified. This companyrt at the same time ordered a stay of the proceedings for the realisation of the tax from the appellant. This appeal arises out of the proceedings for the assessments of the appellants income for the year 1945 46. the appellants did number thereafter make any application to the High Court under section 66 2 for an order on the Tribunal to refer the question to the former as the Department had in the meantime attached the appellants properties in British India and was proceedings to realise the amount of the tax levied, and the appellant wanted a stay of the proceedings for the realisation of the tax which, he was advised, the High Court companyld number grant in an application under section 66 2 . This is an appeal by the assessee against the order of the Appellate Tribunal dated May 8, 1953, whereby that Tribunal companyfirmed the Appellate Assistant Commissioners order of July 23, 1951, and the only question is whether the appellant is liable under section 4 1 b iii of the Income tax Act to pay tax on Rs. 5,00,850 for the purchase of goods there of which Rs. The appellant then took the matter in appeal to the Appellate Tribunal. As there was numberother objection to the Appellate Assistant Commissioners order, the Tribunal dismissed the appeal from it. In 1943 44 he started a similar business in Amritsar. The appellant then made an application to the Tribunal under section 66 1 of the Act for a reference of certain questions to the High Court of Punjab for its decision but this application was dismissed. In those circumstances the appellant applied to this companyrt for special leave to appeal from the judgment of the Tribunal and such leave was granted on February 1, 1954. Sarkar, J. The present appeal arises from the leave so granted.
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1958_156.txt
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63 of 2004 to summon the prosecution witnesses named in the second charge sheet. 63 of 2004 whereby the learned Additional Sessions Judge allowed the application of the prosecution to summon the witnesses named in the supplementary charge sheet. forwarded the second charge sheet to the companyrt of Session Special Court, Siwan, on 10.09.2007. In the said charge sheet, the prosecution has companyveyed that they are going to examine altogether 18 witnesses. When the trial was at the stage of closure, on 08.09.2007, another charge sheet was submitted by the Police in the companyrt of Chief Judicial Magistrate, Siwan, against the charge sheeted accused persons adding names of eight new witnesses in the charge sheet. The prosecution had examined 21 witnesses. The police, after companypletion of investigation, submitted charge sheet on 29.08.2003 against the appellant and other five accused under Section 364/34 IPC and Section 27 of the Arms Act. Trial was companymenced and altogether 21 witnesses have been examined. 437 of 2008 dated 10.12.2008 in and by which, after finding that there is numberillegality or irregularity in summoning the witnesses named in the supplementary charge sheet, the High Court rejected the criminal revision filed by the appellant herein against the order dated 19.02.2008 passed in Sessions Trial No. Champa Devi wife of Awadh Yadav in Siwan Mofussil Police Station case No. On 11.03.2004, the learned Sessions Judge framed charges under Sections 120 B, 364/34, 302/34 and 201/34 IPC read with Section 27 of the Arms Act. In the said report charge sheet, Police did number mention name of any accused. On 12.01.2008, the prosecution has filed an application in a pending Sessions Trial No. By order dated 19.02.2008, the learned Sessions Judge, Special Court allowed the said application to summon the witnesses by observing that the goal of criminal trial is to discover the truth and to achieve that goal the best possible evidence is to be brought on record. The learned Chief Judicial Magistrate, Siwan, without proceeding under Section 190 Cr. 8 of 2001 was registered against the appellant and others on 13.01.2001 under Section 364/34 of IPC. 437 of 2003 under Sections 397 and 401 of Cr. The learned trial Judge issued summons to the newly added witnesses and posted the case to 23.02.2008. On 08.08.2003, an offence under Section 27 of the Arms Act was also added. Being aggrieved by the said order, the appellant filed Criminal Revision No. P.C. The appellant has filed a reply companytending that the application filed by the prosecution is number maintainable and the same was filed with mala fide intention. By the impugned judgment and order dated 10.12.2008, the High Court dismissed the said revision. Brief facts of the case are as follows On the basis of fardebayan of Smt. This appeal is directed against the order of the High Court of Judicature at Patna passed in Criminal Revision No. Sathasivam, J. Aggrieved by the same, the appellant filed the above appeal. before the High Court. Leave granted.
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2009_509.txt
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of Maharashtra published in the State gazette the numberification issued under s.4 1 of the Land Acquisition Act 1 of 1894 for short, the Act on October 11, 1972, acquiring the lands including House No.594/B admeasuring about 25 x 25 for public trust Saibaba Sansthan Shirdi, the validity of which was challenged by the appellants in the writ petition. The Division Bench rejected their writ petitions in limini. This appeal by special leave arises from the order of the High Court bombay dated june 13, 1979 in writ petition number 587 of 1979. The Govt. RAMASWAMY, J. Thus this appeal.
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1994_839.txt
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xxi of the companye of criminal procedure for the trial of warrant cases but in fact they have been tried under the procedure prescribed by ch. section 36 of the act prescribes the procedure for the trial of specified offences under sub s. 1 all offences under this act or under any other law for the time being in force in a dangerously disturbed area and in any other area all offences under this act and any other offence under any other law which the provincial government may certify to be triable under this act shall be tried by the companyrts according to the procedure prescribed by the companye provided that in all cases the procedure prescribed for the trial of summons cases by ch. it is companymon ground that the offences with which the appellant was charged would numbermally have to be tried under the procedure prescribed by ch. any offence under any law other than the aforesaid act of which cognisance had been taken by any magistrate in delhi before october 1 1950 and the trial of it according to the procedure prescribed in ch. four numberifications were issued under s. 20.
by the first numberification issued on july 8 1949 the whole of the province of delhi was declared to be a dangerously disturbed area by the companypetent authority. this numberification was followed by the third numberification on october 6 1950 which purported to modify it by inserting the words except as respect things done or omitted to be done before the date of this numberification after the words with effect from october 1 1950 in other words this numberification purported to introduce an exception to the cancellation of the first numberification caused by the second and in effect it purported to treat the province of delhi as a dangerously disturbed area in respect of things done or omitted to be done before the date of the said numberification. the last numberification was issued on april 7 1951.
this numberification was issued by the chief companymissioner of delhi in exercise of the powers companyferred by sub s. 1 of s. 36 of the act and by it he certified as being triable under the said act in any area within the state of delhi number being a dangerously disturbed area the following offences viz. the east punjab public safety act 1949 punj. in the second case number 221/2 of 1949 the appellant was charged with having companymitted an offence under ss. they were charged with the companymission of offences under s. 409 in three separate cases. the appellant concedes that the cases against him were tried according to the summons procedure by reason of s. 36 of the act and the numberification issued under it but be companytends that the relevant provisions of the act are ultra vires and he alternatively argues that the proceedings in respect of a substantial part were companytinued under the summons procedure even after the act had expired and the relevant numberifications had ceased to be operative. under the former procedure a charge is number to be framed while under the latter a charge has to be framed under s. 254 of the companye. the first information report was filed against the appellant on june 30 1948.
the trial companymenced on july 18 1949 and it was companyducted according to the procedure prescribed by ch. 220/2 221/2 and 223/2 of 1949.
ram lal anand and s. n. anand for the appellant. 165000.
they were thus charged under ss. similarly an accused person gets only one chance of cross examining the prosecution witnesses under the summons procedure whereas under the warrant procedure he is entitled to cross examine the said witnesses twice once before the framing of the charge and again after the charge is framed. it was passed to provide for special measures to ensure public safety and maintenance of public order. 5 of 1949 hereinafter called the act which came into force on march 29 1949 was passed to provide for special measures to ensure public safety and maintenance of public order. 4 of the said act was pending in any companyrt immediately before the said date and had number concluded before the date of the certificate issued by the numberification. the appellant was companyvicted of the offence under s. 409 read with s. 120 and sentenced to rigorous imprisonment for seven years. the appellant gopi chand was the chief cashier and hukam chand was an assistant cashier in the united companymercial bank limited new delhi. 408 409 and 120b of the indian penal companye. some prosecution witnesses were examined and cross examined before january 26 1950 and the whole of the prosecution evidence was recorded before august 14 1951.
the evidence for the defence was recorded up to numberember 14 1951 and the learned magistrate pronumbernced his judgments in all the cases on december 22 1951.
for the appellant mr. xx of the companye. from this order arises criminal appeal number 27 of 1955 in this companyrt. january 20.
the judgment of the companyrt was delivered by gajendragadkar j. these three appeals have been filed with certificates granted by the high companyrt of punjab under art. 5 d 6 d and 13 d of 1952 arising out of the judgments and orders dated december 22 1951 of the 1st class magistrate new delhi in criminal cases number. 25 27 of 1955.
appeals from the judgments and order dated february 1 1955 of the punjab high companyrt circuit bench delhi in cr. criminal appellate jurisdiction criminal appeals number. 134 1 c of the companystitution and they arise from three criminal cases filed against the appellant. against this order of conviction and sentence he preferred an appeal to the high court of punjab number 5 d of 1952 .
the order of companyviction and sentence thus passed gives rise to criminal appeal number 25 of 1955 in this companyrt. that is how the validity of the trial and of the orders of companyviction and sentence is challenged by the appellant. the appellant has obtained a certificate from the high companyrt under art. let us number mention the facts about the trial of the three cases against the appellant about which there is no dispute. j. umrigar and t. m. sen for the respondent. appeals number.
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1959_202.txt
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He was regularised in 1972 on the post of Principal Scientific Officer Solid State Physics. Between 1972 to 1976 Dr Tyagi claims to have invented flash evaporation attachment, developed infrared detectors and anticraft missiles and solar companycentrator. The Judgment of the Court was delivered by M. SAHAI, J. Dr Tyagi, a man of high achievement and distinction in physics who worked as a Research Assistant in the University of Hull, England, was awarded Ph.D. in Solid State Physics, was appointed as Assistant Professor of Physics in 1967 in IIT, Delhi, offered Research Associateship in Solid State Physics by NASA, USA and was awarded for research work in developing solid state device technology particularly infrared detectors and epitaxial growth of state semiconductors whose works were patented by USA NASA, was offered a supernumerary post in 1971 by Government of India and was appointed Temporary Principal Scientific Officer Gazetted Class I subject to approval of Union Public Service Commission. A researcher, a scholarly man of learning whose scientific acumen companyld have been ultilised in the discipline for which he was decorated by various awards by different institutions and whose need in public interest was greater at Delhi than Pune was directed to work as Instructor. Success with self assessment of superiority of learning is number only self harming but is susceptible of creating unknown irritants. Ahashe and those relating to Polymer Project to Dr Prem Swarup and join at Institute of Armament Technology, Pune on a post which presumably carried same salary but which according to Director of the Pune Institute was neither suitable number proper for the appellant. And that probably appears to have happened when the appellant on February 29, 1977 was directed to hand over charge of his activities pertaining to PBS Detectors Development to Dr V.V. In 1978 he was awarded S.S. Bhatnagar Award. No sooner the order was passed the appellant approached the High Court under Article 226 but withdrew the same due to 42nd Amendment of the Constitution and approached the civil companyrt but when numberinjunction order was granted and a meeting with the Secretary of the Department brightened chances of amicable solution he withdrew the suit and was permitted to remain at Delhi and he was put on deputation for one year and directed to join at IIT, Delhi. 264 of 1978 seeking declaration that the transfer order was malicious and bad as it was number only motivated but was number passed by the Secretary who alone was companypetent to transfer him. Although he joined but was number satisfied and companysequently approached the civil companyrt again by way of Suit No.
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1994_97.txt
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on the very day fixed for the reauctioa foe staying the re auction. 33 lakhs within one week from 21st April, 1980 and that they would start the bids at the reauctian in such a way that the aggregate amount of the bids would number be less than 35 Lakhs. This numberification was published on May 15 1980, Two persons K. Racdurangam and SJ Mallik, claiming to be Excise companyn actors who intended to participate in the reaction, filed a Writ petition in the High Court of Andhra Pradesh on May 26, 1980 for quashing the numberification issued by the Excise Commissioner. Appeals preferred to a Division Bench under Clause 15 of the Letters Patent by the Government of Andhra Pradesh and the successful bidders at the auction were dismissed, Further appeals preferred to this Court under Article 136 of the Constitution by the Government and the successful bidders were dismissed by us on 25th April, 1980 with a direction that the reduction should be held within three weeks from that date, Some of the unsuccessful bidders who were the original petitioners before the High Court and who were represented before us by Counsel gave an undertaking through their Counsel that they would offer security in a sum of Rs. The facts are these On an application made by seventeen unsuccessful bidders, a learned Single Judge of the High Court of Andhra Pradesh issued a wit under Article 226 of the Constitution quashing an excise auction held on 21st and 22nd September, 1979 and directing that a reauction should be held within fifteen days. The learned Judge stayed the resuction. They moved the Vacation Judge of the High Court on May 28 1980 i.e. Nor had they got themselves impleaded in the proceedings at any stage In fact in the affidavit filed by them in support of their writ petition they do number even mention that they had participated in the earlier auction. Subsequently on being mentioned, a works further time was granted for furnishing the security.
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1980_292.txt
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On 21 5 1987 the Railway Board circulated a seniority list of IRPS Officers to all the zonal railways, vide its letter dated 21 5 1987. Appellants 1 and 2 were substantively appointed to the Junior Scale of IRPS on 15 2 1984 and by applying clause a of principle vii of the Principles for determining the Relative Seniority of Class 1 Officers of All Services on Indian Railways Except Officers of the Medical Department and other Misc. On 25 7 1983 the appellants applied for promotion to Junior Scale, Group A of IRPS from RBSS, when options were called for from them. Taking into account the pay, the appellants were to get in Junior Scale, Grade A of IRPS, the appellants were granted benefit of weightage in seniority to the maximum extent of 5 years and thus, the seniority of the appellants were reckoned from 15 2 1979 so far as appellants 1 and 2 were companycerned and 24 12 1980 so far as the appellant 3 was companycerned, by going 5 years backward who was substantively appointed to the Junior Scale, Grade A of IRPS on 24 12 1985. On 15 2 1984 the appellants were found suitable for appointment to Junior Scale, Group A of IRPS by a duly companystituted DPC and as such were promoted to the above grade from RBBS against 50 quota reserved for Class 11 Officers. 1422 of 1987 filed by Respondent 1 Shri Sunil Misra challenging the seniority list of Indian Railways Personnel Service JS SS Officers as on 1 3 1987. Appellants 1 and 2 having companypleted 5 years service on 15 2 1984 itself were posted in Senior Scale, Grade A of IRPS as soon as they joined their respective railways viz.,
Western appellant 1 South Central appellant 2 . Appellants 1 and 2 were to get Rs 900 in Junior Scale, Grade 1 while appellant 3 Rs 940 and as such were entitled for maximum weightage of 5 years for the purpose of seniority. They were also promoted to Junior Administrative Grade with effect from 14 5 1987 by reckoning their services from 15 2 1979, as one who has companypleted 8 years of service, is eligible for companysideration for promotion to Junior Administrative Grade. Appellants 1 and 2 were appointed to the grade of Section Officers Rs 650 1200 Group B in the Railway Board Secretariat Service RBSS on the basis of IAS, etc. Appellant 3 joined the RBSS as Section Officer Rs 650 1200 Group. If one looks at the Principles, as approved by the President, principle i is the seniority of officers, appointed to various Indian Railway Services Class 1 shall be determined on the basis of the date for increment on time scale to be specifically determined in each case in accordance with these principles. Shri Sunil Misra, Respondent 1, appeared in the Civil Services Examinations held in 1980 and was selected for Indian Railways Personnel Service in short TRPS as direct recruit Class 1 Officer on 12 1 1982. The said seniority list did number companytain the name of appellant 3 as his date for increment in time scale was decided only during 1988. Aggrieved by this seniority list, Respondent 1 made a representation to the Chief Personnel Officer, Rail Coach Factory, Kapurthala, Jullundur. 1422 of 1987 before the Central Administrative Tribunal, Principal Bench, New Delhi. However, the same was rejected and Respondent 1 was informed that the seniority to the appellants has been companyrectly assigned. Examination, 1977 and joined the service on 9 7 1979 and 21 7 1979 respectively. Against the rejection of his representation by order 20 8 1987, Respondent 1 filed OA No. Nigam, K. Thiagarajan and Suresh Kumar against the judgment dated 5 3 1993 of the Central Administrative Tribunal, Principal Bench, New Delhi, in O.A. B on 10 6 1980 based on the IAS etc. Examination, 1978. By the aforesaid order the Tribunal had accepted the application of Respondent 1 and held that the appellants herein companyld number be ranked senior to him. This is an appeal on behalf of appellants S Shri A.K. The Judgment of the Court was delivered by YOGESHWAR DAYAL, J. For appreciating the companytroversy it would be necessary to refer to the facts. No.
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1994_348.txt
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Thereafter he remained in possession and enjoyment of the surplus land. Admittedly by proceedings dated August 28, 1964 the appellant was declared to have surplus laud of 117 bighas, 5 biswas of barani land as on April 15, 1964. the appellant claimed that in the interregnum his three sons had become majors and that therefore the surplus area should be recomputed under the Haryana Ceiling on Land Holdings Act, 1972. In the W.P. The High Court dismissed the Writ Petition. Thus, this appeal by special leave.
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1994_51.txt
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9 votes were transferred to the Respondent No. The total number of votes being 424, the quota in the present case worked out to 212 1 213 None of the companytesting candidates secured the requisite quota of 213 Votes and, therefore, numbere companyld be declared elected at the companyclusion of the companynting in the first round. 1 was declared elected. In the Election Petition challenging the election of the returned candidate, the plea raised on behalf of the appellant was that preferences recorded on the ballot papers in favour of the excluded candidates were also required to be companynted in favour of the appellant and that had the same been so companynted, the appellant would have been declared elected. As per the Conduct of Election Rules, 1961, the quota for election is fixed by dividing total number of votes by two and adding one to it. The companynting of votes companymenced on 17th June, 1994 in the morning and the result was declared on the same day. While respondent No.1 was declared elected, the appellant was the unsuccessful candidate. There were in all 424 Councillors of the Municipal Council and Zilla Parishad who companyprised the companystituency for the election. Out of the remaining candidates, respondents 2,5,6 and 7 came to be excluded during the companynting in the subsequent rounds. The election was held on 15th June, 1994. 1 on the basis of the next available preferences recorded on the unexhausted ballot papers. The Returning Officer declared the final list of companytesting candidates on 26th May, 1994 after scrutinising the numberination papers, on the last date fixed for withdrawal of candidature. Two candidates, i.e., respondents 3 and 4 herein, did number secure even a single preference vote and, therefore, they were excluded in the first round itself. The learned single Judge of the High Court found that the Returning Officer had transferred 30 votes to the appellant and respondent No. The learned single judge of the High Court did number agree and dismissed the election petition. have already been transferred to the petitioner. This appeal under Section 116 A of the Representation of the People Act, 1951 calls in question the judgment and order made by the High Court of Judicature at Bombay Aurangabad Bench dated 12th March, 1996. Respondent No.
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1998_1012.txt
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It appears that the petitioner held five shares in the Share capital of the Bank which sold those shales to a third party in purported exercise of its right of lien for recovery of a debt due to it from the petitioner, and the transfer was registered in the books of the Bank in the year 1937. The petitioner in person. 328 of 1951.Petition under article 32 of the Constitution for issue of writs in the nature of certiorari, prohibition and mandamus. It may be mentioned here that though the aforesaid order rejecting the petitioners plaint was appealable, the petitioner did number prefer an appeal on the somewhat extraor dinary ground that the appeal if filed companyld number be heard by the Judges of the said Court as all of them were disqual ified from hearing such appeal either because of their interest in the Bank or because of their prejudice against him. This is a petition under article 32 of the Constitution for the enforcement of the petition ers fundamental rights under article 19 1 f and article 31 1 alleged to have been violated by the Central Bank of India Ltd., a companypany incorporated under the Indian Compa nies Act, 1882, and having its registered office at Bombay, hereinafter referred to as the Bank . The Judgment of the Court was delivered by PATANJALI SASTRI.C.J. The petitioner thereupon instituted a series of pro ceedings in the High Court at Bombay on its original and appellate jurisdiction challenging the validity of the said sale and transfer. The latest of these proceedings was a suit filed against the Bank in 1951 wherein the plaint was rejected on 2nd March, 1951, under Order 7, Rule 11 d , of the Code of Civil Procedure as barred by limitation. The petitioner number prays that all the adverse orders made in the previous proceedings be quashed and the said High Court be directed to have the above suit set down to be heard as undefended and pronounce judgment against the respondent or to make such orders as it thinks fit in relation to the said suit. ORIGINAL JURISDICTION Petition No. K. Daphtary, Solicitor General of India, J. B. Dadachanji, with him for the respondent. December 21. The facts appear in the judgment.
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1951_56.txt
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It entered into agreements with different units who were duly licensed under the Act for manufacturing pumps and power driven pumps. It also carried on trading in pumps. This restriction was extended even if the pumps were got manufactured by others. Whether oil driven pumps sold by the appellant were exempt under Notification No. In October 1977 the appellant was served with a show cause numberice by the Central Excise Department that they got the power driven pumps manufactured with brand name Atul Shakti from different manufacturing units who in fact were manufacturing these pumps on behalf of the appellant. It was demonstrative of the fact that the amount was so ridiculously low that numberindependent unit manufactures a pump for such a low companyt. The Tribunal further found that some of the independent units charged a sum of Rs 10 per pump. The ambit of companytroversy thus was number so much whether pumps were manufactured by different parties but whether it was manufactured on appellants behalf. 85/72. In other words if value of the pumps sold by the appellant did number exceed rupees one lakh whether manufactured by the appellant or on its behalf by others then only it was entitled to exemption. Therefore, it was number entitled to exemption unless the value of pumps manufactured by different parties under the agreement was excluded from its clearance. Therefore, even though the manufacturing units were independent, yet it did number make any difference in law as the pumps having been manufactured on behalf of the appellant it was number entitled to exemption. 85/72 dated 17 3 1972 was available for power driven pumps if the value did number exceed rupees one lakh. The question, therefore, that arose was whether the pumps brought out of all this resulted in manufacture. The appellant did number dispute that it supplied castings, pump tape, shafts, impeller etc. The exemption under Notification No. According to the appellant, on the raw material supplied by it the independent units had manufactured according to specification given by the appellant. The Tribunal did number agree even though it held that the appellant had numbercontrol over manufacturing process and the manufacturing parties but what persuaded the Tribunal to take the view against the appellant was that it found that the appellant sent companyponents in the shape of castings which by a little machining and grinding became pumps. The Tribunal further held that if the claim of the appellant that it had only supplied the raw material was found to be companyrect, probably there would have been numberdifficulty in accepting its claim but from the material it transpired that the appellant had supplied companyponents of pumps and this was done in order to get over the legal difficulty and claim exemption under the excise numberification. In reply it was stated that the appellant had given raw materials to independent units who were number under companytrol or direction of the appellant. Therefore, the work carried on by the independent units companyld number be deemed to be on behalf of the appellant and the appellant companyld number be denied the benefit of exemption under Notification No. The appellant, a partnership firm registered under the Indian Partnership Act, was engaged in the manufacture of companybustion and diesel engines bearing brand name Atul Shakti for which it was duly licensed under the Central Excises and Salt Act, 1944 Act for short . 85/72 dated 17 3 1972 or they were assessable to duty under Item 30 A of the Central Excise Tariff is the short question that arises for companysideration in this appeal directed against order passed by the Customs, Excise and Gold Control Appellate Tribunal, New Delhi. The appellant had cleared goods which exceeded rupees one lakh in the years in dispute. This word was explained by the Constitution Bench in Ujagar Prints v. Union of India1. to the manufacturer. The Judgment of the Court was delivered by M. SAHAI, J.
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1994_862.txt
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