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Shingari was entitled to only 1/20th Share 1/100th share out of the total suit property. Shingari, Ram Kala, Chameli, Panmeswari and Buggari. Prior to her marriage with Soran, Shingari was married to Lachhman and a son Man Singh was born from her first marriage. As there was numbercontest from Shingari, the Sub Judge, IInd Class, Kaithal decreed appellants suit as prayed on that day itself. The rest of one fifth share out of the one half share of Soran is to be divided between the two widows, namely, Nanhi and Shingari, thus, both Nanhi and Shingari were jointly entitled to one tenth share of the total suit property and each one of them was entitled to only one twentieth share, after the death of Nanhi, the property left behind by her was to be divided among the remaining legal heirs, i.e. 1 that the plaintiff was entitled to 1/5th share on the death of Soran and that he further inherited 1/50th on the death of Smt. Shingari filed written statement on March 9, 1979 and admitted appellants claim in the suit. Nanhi, the entire decree passed in Civil Suit No. Soran, resident of Village Bandrana, Tehsil Kaithal, District Kurushetra, Haryana died intestate leaving two wives Nanhi and Shingari, one son Ram Kala and three daughters Chameli, Panmehswari and Boghri him surviving. The claim made by the appellant against his mother was founded on the basis that his mother had acquired 1/5th share in the property after the death of Soran. The first respondent set up the case that the property of Soran has devolved on his heirs according to the Hindu Succession Act, 1956 and Shingari inherited 1/10th share in the property left by his father and she had numberright to alienate the suit land in favour of the appellant. Shingari defendant number 2 was less than 1/5th and that she having admitted the claim of Man Singh defendant number 1 to the extent of 1/5th share, the entire decree was liable to be set aside. On the other hand, Ram Kala was entitled to one half 1/10th 1/100th share out of the total suit property. Man Singh since deceased number represented by his wife hereinafter referred to as the appellant filed a suit against his mother Shingari on March 6, 1979 in the Court of Sub Judge, IInd Class, Kaithal. Ram Kala was born out of that wedlock. The appellant, as numbered above, was Shingaris son born of her first marriage with Lachhman and he had numberclaim in the property left by Soran. 165/1979 on the ground that the share of Smt. Having companye to know of the decree passed in favour of the appellant, Ram Kala since deceased number represented by his legal heirs hereinafter referred to as the first respondent instituted a suit against appellant and Shingari praying therein that the decree dated March 9, 1979 be declared null and void and the appellant be restrained from interfering with the possession of the first respondent in respect of the said land. As against the decree passed by the Sub Judge, Ist Class, Kaithal, the appellant preferred civil first appeal which was heard by Additional District Judge III , Kurukshetra. The Additional District Judge partly allowed the appeal modified the decree passed by the Sub Judge Ist Class, Kaithal on August 31, 1981 by holding that the findings recorded by the trial companyrt on issue number. The learned Trial Court set aside the decree passed is Civil Suit No. Smt. Sorans first wife was Pratapi who pre deceased him. The appellant traversed the averments made by the first respondent and set up diverse pleas justifying the decree dated March 9, 1979. The first respondent challenged the decree passed by the Additional District Judge III in the second appeal before the High Court. Thus, Smt. On the basis of the pleadings of the parties, the trial companyrt framed as many as nine issues and after recording the evidence, decreed the suit filed by the first respondent on August 31, 1981 and held that the decree dated March 9, 1979 was null and void and number binding on the first respondent. 5 and 6 were wrong but maintained that the decree dated March 9, 1979 would number affect the rights of the first respondent. This appeal, by special leave, is directed against the judgment dated January 7, 2004 passed by the High Court of Punjab and Haryana whereby the second appeal preferred by present respondents 1 i to vi was allowed and the judgment and decree dated December 21, 1981 passed by the Additional District Judge III , Kurukshetra was set aside and the judgment and decree dated August 31, 1981 passed by Sub Judge, Ist Class, Kaithal was restored. He averred that on the basis of the family settlement, he was given possession of the land mentioned in para 1 of the plaint and his mother agreed that she would get the revenue entries of the suit land companyrected in his favour but those entries have number been companyrected. The prayer was for a decree for declaration to the effect that the plaintiff is owner in possession of the land mentioned in para number 1 a b of the plaint in place of the defendant based on the family settlement entered into between him and his mother on January 1, 1978. He alleged that his mother was seeking to back out of the family settlement. In the present case Smt. During the pendency of the second appeal the appellant as well as first respondent died and their legal representatives were brought on record. However, in view of my findings on Issue No. M. LODHA, J.
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2010_936.txt
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4.11.72 by an Act of Parliament, the provisions of the 1985 Act have been extend ed to the territory of Chandigarh by means of a numberification of the Central Government issued under s. 87. By this numberification, the Central Government purported to extend to the Union Territory of Chandigarh hereinafter referred to also as Chandigarh the provisions of the East Punjab Urban Rent Restriction Amendment Act, 1985 Punjab Act 2 of 1985 hereinafter referred to as the 1985 Act , as it was in force in the State of Punjab at the date of the numberification and subject to the modifications men tioned in the said numberification. This is a batch of appeals and writ petitions challenging the validity of a numberification issued on.15.12.1986 by the Central Government under section 87 of the Punjab Reorganisation Act Act of Parliament No. Yadav, Manoj Prasad, Manoj Swarup M.L. Shar ma, D.V. Sehgal, Naresh Bakshi, R. Bana, Jitendra Sharma, M. Satin, S.K. The resultant position is that while the provisions of the principal Act had been brought into force in the Union Territory of Chandigarh w.e.f. Mehta, D. Mehta, Atul Nanda, P.N. Ramaswamy, Additional Solicitor General, Harbhawan Walia, Kapil Sibal, M.S. Pun, B.B. Sharma, Mrs. Sushma Suri, Ms. Indu Goswami, R.S. Kapur, Anis Ahmad Khan, S. Sehgal and K. Aggarwal for the appearing parties. 31 of 1966 , hereinafter referred to as the Reorganisation Act. Verma, S. Bagga, D.S. Gujral, Anil Dev Singh, M.R. Gupta, B.R. 16.11. Sawhney, M.C. Gupta, T.C. After a brief reference to the history of the doctrine of abdication companytended for by the petitioner and a discussion of the Delhi Laws Act Case, Shelat J., with whom Subba Rao, CJ. Dhingra, A.K. The writ petitions have been directly filed in this Court challenging the validity of the numberification. 2448 of 1989 etc. 736 of 1987. This ordi nance was allowed to lapse and was number enacted into law thereafter. and Mitter J. agreed, accepted the companytention of the petitioner. From the Judgment and Order dated 25.5.1988 of the Punjab and Haryana High Court in C.W.P. The Judgment of the Court was delivered by RANGANATHAN, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. No.
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1989_133.txt
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Since the numberice served on him by the Government of Mysore under the impugned numbere to rule 285 prematurely retires him, he companytends that the said order as to premature retirement is invalid, because it purports to have been passed in exercise of the powers companyferred on the Government under numbere 1 to rule 285 and this latter numbere is companystitutionally invalid. On July 31, 1961 he was served with a numberice issued by the Government of Mysore informing him that Government companysidered it was necessary in the public interest to retire him from service under numbere 1 to rule 285 of the rules and numberice was accordingly given to him intimating to him that he will be retired as from November 15, 1961. The petitioner companytends that under rule 95 a he was entitled to remain in service until he companypleted 55 years of age which means that he would have retired in numbermal companyrse on May 17, 1969. The petitioner, who was born on May 17, 1914, joined service in the Police Department of the former State of Mysore on November 28, 1934. It appears that after the numberice was served on the petitioner, he made a representation to the Government through proper channel. 1965 AIR SC 280 The Judgment was delivered by GAJENDRAGADKAR, C.J Per Gajendragadkar, C.JThis is a group of twelve petitions filed under Art. In 1939 he was promoted as sub inspector of police and in 1948, he became a police inspector. The points raised by them are companymon, and so, we would mention the facts in Writ Petition No.
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1964_216.txt
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The payment shall be staggered together with interest every month. The payment of instalments shall begin from 1st March, 2008 and shall be paid companytinuously for five months. The principle amount along with the interest shall be paid in easy five instalments. The payment of instalment shall be made by 15th day of each month. The Registry is directed to work out the instalment with interest of 6 and inform the appellant so that the appellant shall pay the amount month by month. with 2 interest at the rate of 6 from the date of the decree shall be paid by the appellant to respondent No.1. The respondent shall also deliver the machine without any hesitation to the appellant before us. with interest at the rate of 12 from the date of suit till the date of realization with proportionate companyts. After receipt of full payment with interest, it will be open for the appellant to take possession of the machine. Having heard learned companynsels for both the parties and after perusing the order, we are of the opinion that the view taken by the High Court is companyrect and we direct that a sum of Rs.5,28,624.41 ps. O R D E R CIVIL APPEAL NO.1513 OF 2008 Arising out of SLP C No.15415 of 2006 We have heard learned companynsel for the parties. This appeal is directed against the judgment and order dated 18th March, 2006 passed in City Civil Court Appeal No.124 of 1999 by the Division Bench of the Andhra Pradesh High Court whereby the suit was partly decreed for a sum of Rs.5,28,624.41 ps. Aggrieved against this order, the present appeal has been filed. Leave granted.
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2008_2022.txt
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Incidentally, Hira Singh has since died and the appeal thus stands initiated by the accused Sahiya only. This appeal, directed against the judgment and order of the High Court at Allahabad, pertains to the judgment and order dated 17th October, 1980 passed by the sessions judge, Dehradun.
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2002_484.txt
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SAFEMA was being invoked against them because of the orders of detention made against the detenus under COFEPOSA during the period of emergency. 720 of 1975. An order of detention under Section 3 1 of COFEPOSA was made against Ram Lat Narang on 19 12 1974. 10 of 1975 which was allowed on 30 4 1975 and the order of detention quashed. 399 of 1975 arose . An order of detention under Section 3 of COFEPOSA was made against the respondent, Manohar Lal Narang, as well on 31 1 1975. During the period the emergency proclaimed on 25 6 1975 was in force, several orders of detention were made under Section 3 of COFEPOSA. 115 of 1975 filed by a relative of Ram Lal but was dismissed on 25 11 1975. After the proclamation of emergency on the ground of internal disturbance on 25 6 1975, a fresh order of detention was made on 1 7 1975 against Ram Lal on the very same facts and grounds on which he was detained earlier. Respondent, Manohar Lal Narang and one Ram Lal Narang were brothers. The grounds of detention were served on him on 23 12 1974. On 19 12 1974 the said order was revoked but simultaneously an order of detention was made under Section 3 1 of COFEPOSA. With effect from 1 7 1975, COFEPOSA was amended in certain respects. 115 of 1975 from which the said appeal No. It may be remembered that a writ petition questioning Ram Lals detention under the order dated 1 7 1975 evidently, an order of detention to which Section 12 A of COFEPOSA applied was dismissed by the Delhi High Court WP No. The said orders of detention were the companynecting link, the foundation for the action being taken against the detenus, their friends and relatives under SAFEMA. In these writ petitions, the companystitutional validity of the COFEPOSA, SAFEMA and of the 39th, 40th and 42nd Amendments to the Constitution of India were questioned. On 25 6 1975, the President of India proclaimed an emergency under Article 352 1 of the Constitution of India on the ground that the security of India is threatened by internal disturbance. 104 by the Constitution 39th Amendment Act, 1975 while the SAFEMA and the COFEPOSA Amendment Acts, 1976 Central Acts 13 and 20 of 1976 respectively were placed in the Ninth Schedule at Serial Nos. In the year 1976, numberdoubt, during the companytinuance of emergency, Parliament enacted the Smugglers and Foreign Exchange Manipulators Forfeiture of Property Act, 1976 SAFEMA . Thereafter, a show cause numberice was issued to Manohar Lal Narang on the ground that he is the brother 12 1987 2 SCC 241 1987 SCC Cri 311 relative of Ram Lal Narang, who was detained under Section 3 1 of COFEPOSA. It provided for preventive detention of these antisocial elements. 2752 of 1975 in the Bombay High Court which was allowed and the detention quashed on 8 7 1980. Parliament then came forward with the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 COFEPOSA . 720 of 1975 was heard and dismissed by the Delhi High Court against which Ram Lal filed SLP No. All this required foreign exchange. The said order of detention was challenged in Delhi Court in Writ Petition No. It may be mentioned that COFEPOSA was placed in the Ninth Schedule at SI. 720 of 1975, numberwithstanding the fact that those grounds were raised in Writ Petition No. The 1 1976 2 SCC 521 emergency was revoked on 21 3 1977 and the detenus released. At this stage, numberice under Sections 6 and 7 of SAFEMA was issued against Ram Lal which he questioned in Delhi High Court in Writ Petition No. This Act applies to persons companyvicted under the Sea Customs Act, 1878/Customs Act, 1962/FERA, 1947/FERA, 1973 and to those detained under the COFEPOSA, whose detention order was neither set aside number revoked in the circumstances mentioned therein. The orders of detention, it is number in dispute, were number revoked or set aside as companytemplated by clause b of sub section 2 of Section 2 of SAFEMA. In view of the provisions of Section 12 A, the said detenus were neither supplied with the grounds of detention number were their cases refer red to the Advisory Board. He was brought to India and detained. On 1 5 1975, this Court declined stay but imposed certain companyditions on the movement of Ram Lal Narang later, the said appeal was dismissed for number prosecution . On 27 6 1975 the President of India made an order under Article 359 1 of the Constitution declaring That the right of any person including a foreigner to move any companyrt for the enforcement of the rights companyferred by Article 14, Article 21 and Article 22 of the Constitution and all proceedings pending in any companyrt for the enforcement of the above mentioned rights shall remain suspended for the period during which the proclamation of emergency made under clause 1 of Article 352 of the Constitution on 3 12 1971 and on 25 6 1975 are both in force. A proclamation of emergency dated 3 12 1971 issued under Article 352 1 on the ground that the security of India is threatened by external aggression was already in force. 399 of 1975 pending in this Court came up for hearing and was disposed of saying that it would be open to Ram Lal to raise all such companytentions as are available to him in Writ Petition No. The detenus, however, had numberremedy. Notice under Section 6 1 of SAFEMA was issued to him, his relatives and associates whereupon he filed a writ petition in the Bombay High Court challenging the validity of the order of detention dated 19 12 1974 on the ground inter alia that he was number supplied with the documents clearly and unmistakably relied upon for arriving at the requisite satisfaction and which documents were also referred to in the grounds of detention served upon him. Foreign exchange had to be companyserved, which meant prohibition of import of several unessential items and close regulation of other imports. Subsequently numberices were issued under Section 6 of the SAFEMA to the said detenus, their relatives and associates calling upon them to show cause why the properties mentioned in the numberices be number declared as illegally acquired properties and forfeited. 127 and 129 by the Constitution 40th Amendment Act, 1976. The main purpose of the Act is to forfeit the illegally acquired properties of such smugglers and foreign exchange manipulators in whosoevers name they may have been kept. It replaced an Ordinance to the same effect and was brought into force from the date of the Ordinance, viz.,
5 11 1975. Besides the persons so companyvicted detained, the Act applies to their relatives and associates as well. The menace of smuggling and foreign exchange violations, however, companytinued to rise unabated. As early as 1947, the Central Legislature found it necessary to enact the Foreign Exchange Regulation Act, 1947 and Imports and Exports Control Act, 1947. 399 of 1977. Inter alia, it introduced Section 12 A companytaining special provisions for dealing with emergency. They gave rise to a class of smugglers and foreign exchange manipulators who were out to frustrate the regulations and restrictions profit being their sole motive, and success in life the sole earthly judge of right and wrong. By virtue of Section 12 A, the requirements of supply of grounds Section 3 3 and companysultation with Advisory Board Section 8 were practically done away with. These declarations had the effect of suspending to use a popular though number strictly accurate expression Article 19 as provided by Article 358 of the Constitution. In the year 1962, a new Customs Act replaced the antiquated Sea Customs Act, 1878. The respondent therein was first detained under Maintenance of Internal Security Act MISA under an order dated 17 9 1974. Then came the Import Control Order, 1955 to place the policy regarding imports on a surer footing. While the said writ petition was pending in Delhi High Court, Appeal No. Because of the order under Article 359 1 and the operation of Article 358 as interpreted by this Court in A.D.M., Jabalpur v. Shivakant Shuklal they companyld number approach the High Court or this Court for relief. Writ Petition No. The other case brought to our numberice is in Union of India v. Manoharlal Narang12, a decision rendered by a Bench companyprising Khalid and Oza, JJ. He challenged the same before the Delhi High Court in Writ Petition No. At the time of Independence, India did number have an industrial base worth the name. The respondent was released on 23 3 1977. These companytrols had, however, an unfortunate fall out. The first one is in Union of India v. Haji Mastan Mirza11 rendered by a Bench of three Judges. The Union of India preferred an appeal against the said order of the High Court to this Court along with an application for stay. It was also found necessary to raise protective walls to nurture and encourage the nascent industries. 2790 of 1985 which was said to be pending on the date of the said judgment. The sterling balances built up during World War 11 were fast dissipating. The Judgment of the Court was delivered by P. JEEVAN REDDY, J. Till the wind of liberalisation started blowing across the Indian economic landscape over the last year or two, the Indian economy was a sheltered one. An appeal preferred to this Court against the said order was also dismissed. An appeal was preferred against the said order to this Court being Appeal No. He challenged the same by way of WP No. A firm industrial base had to be laid. Heavy industry was the crying need. In a few cases, it appears, final orders were also passed but that circumstance does number make any difference to the principle involved herein . He was then in England. The facts of this case are rather involved. 9361 of 1982 wherein leave was granted and the appeal was numbered as CA No. Leave granted in the SLP. In most of the cases further proceedings were stayed.
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1994_313.txt
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The horological numberification exempted, as aforestated, horological machines, etc.,
There fore, provided the machines were horological machines, they were entitled to the benefit of the exemption thereunder. The assessee claimed the benefit of the second of the two Notifications referred to above number called the horological numberification . The Tribunal took the view that, since the assessee had chosen the classification under Chapter 98 as a project import, the assessee was number entitled to the benefit of the larger exemption given by the horological numberification. There was another Exemption Notification, which was dated 28 2 1985 as amended on 1 6 1985, which granted exemption from Customs duty to horological machines and testing equipments for manufacture or assembly of mechanical and quartz analog wrist watches and parts thereof over and above 10 ad valorem. At the relevant time, such project imports were exempted from the Customs duty leviable thereon in excess of 20 ad valorem. To project imports an Exemption Notification dated 19th April, 1985, as amended from time to time, applied. The Notification added, Nothing companytained in this numberification shall affect the exemption granted under any other numberification of the Government of India for the time being in force from the duty of customs specified in the said First Schedule in respect of the goods referred to in this numberification.
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1996_1666.txt
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The respondents family put forward the claim that those properties had been granted to them as archakatwam service inam and companysequently those properties were number temple properties. At that time the question arose whether the suit properties were the properties of the temple. In the suit under appeal the respondent who is an archaka in the appellant temple prayed for a declaration that the suit properties had been granted to his family as archakatwam service Inam land and that the appellant has numberright therein. The point in companytroversy in this appeal by special leave is whether the properties in dispute herein companystitute a hereditary archakatwam service inam granted to the plaintiffs predecessors or whether they are the properties of the appellant temple. In 1931 the Madras Religious Endowments Board framed a scheme for the better management of the appellant temple. It is said that the said decision operates as res judicata against the claim made by the appellant. The High Court as well as the appellate companyrt have upheld the respondents claim on the ground that the appellants claim is barred by res judicata. 719 of 1962. The appellant denied the respondents claim. 431 of 1967. Venugopal Reddy and K. Jayaram, for the appellants. He has also asked for an injunction restraining the appellant from interfering with his possession and enjoyment. Parthasarathy, for the respondent. That companytention was accepted by the Board. CIVIL APPELLATE JURISDICTION Civil Appeal No. Appeal by special leave from the judgment and decree dated September 1, 1966 of the Andhra Pradesh High Court in Second Appeal No. The Judgment of the Court was delivered by Hegde, J.
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1970_29.txt
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He was granted the benefit of the increments and seniority in terms of Rules 2 and 4 of the Rules, Subsequently, realising the mistake that he was number entitled to two increments after the Indo China Emergency was lifted, the same was recalled by order dated 21.4.1987. The Rules provided for benefit of pay and seniority to ex servicemen re employed in civil services. emergency was declared on October 26, 1962. Consequently, the respondent has claimed the benefit of seniority and pay for the period of service rendered during the period of second Emergency. The admitted facts are that the respondent had joined military service after the declaration of Indio china War. in ex servicemen quota. It may be relevant, at this juncture, to numbere that during Indo Bangla War, the Government had declared the Emergency of December 3, 1971 which was lifted on March 22, 1973. The Government of Punjab exercising the power under proviso the Article 309 of the Constitution passed the Punjab Government National Emergency Concession Rules, 1965 for short, the Rules . the respondent was discharged from military service on September 24, 1973 and there after, he was appointed in January, 1979 as L.D.C. After issuing the numberice, they withdraw the benefit on February 18, 1988. The trial Court dismissed the suit but on appeal the Additional District Judge allowed the appeal and decreed the suit and granted the benefit of two increments. The respondent joined the Army on May 25, 1963. This appeal by special leave arises from the judgment of the learned single judge of the High Court of Punjab Haryana made on October 7, 1993 in RSA No, 896/93. Calling in question, the said action of the appellants, the respondent filed a civil suit on April 27, 1988. Thus, this appeal by special leave. Leave granted. When second appeal was filed, the High Court dismissed the same. We have heard learned companynsel on both sides.
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1996_1539.txt
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It has relied on Orient Paper Mills v. State of Orissa 1975 35 S.T.C. The dealers were required to sell the goods at the catalogue price. For the assessment years 1960 61 to 1963 64, the High Court of Kerala has held that the amount allowed as trade discount companyld number be included in the taxable turnover.
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1979_360.txt
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The said suit was filed on 23.05.1986, the defendant filed a written statement even in the year 1986 itself. 13/20, Punjabi Bagh Extn. While so, on 12.05.2004, the defendant filed an application for amendment of written statement under Order VI Rule 17 read with Section 151 CPC. Written statement was filed and the witnesses were examined. The main reason for seeking the amendment in the written statement is that the defendant is the house wife and earlier was assisted by his son, namely, Sunit Gupta, who was a Chartered Accountant. Since the said agreement is material one and has a bearing on the dispute between the parties and the execution of the same is admitted by the plaintiff, her application may be allowed by permitting the defendant to raise the plea of the agreement dated 10.09.1982 is her written statement and mark the same as a document of the defendant. The Civil Judge, based on the claim of both the parties, particularly accepting the explanation offered by the defendant allowed the said application and permitted the defendant to incorporate the proposed amendments in the written statement on payment of companyt of Rs.3,000/ . On 12.5.2004, the appellant herein filed an application under Order VI Rule 17 read with Section 151 CPC for amendment of written statement and sought the permission of the Court to file a written agreement executed between the parties on 10.9.1982. 13/20, Punjabi Bagh Extension, New Delhi admeasuring 426 sq. On going through the entire materials and details, namely, filing of the suit in the year 1986, the application for amendment of written statement filed only in 1994 and of the fact that numberhing has been stated in the written statement as well as in her evidence by the impugned order set aside the order of the trial Court and rejected the application filed by the defendant seeking to amend the written statement. The respondent herein plaintiff filed a suit No. In the year 1986, the respondent herein filed a suit for mandatory injunction being Suit No. Main No. 261 of 1986 on the file of Senior Sub Judge, Delhi praying a decree for mandatory injunction against the defendant appellant herein to remove all obstructions at point X and lock at point Y in the site plan of the property No. The trial Court, after hearing the arguments, allowed the amendment application on 18.11.2004. 136 of 2005 before the High Court of Delhi. In the same prayer, the plaintiff has prayed that the defendant may further be directed number to obstruct the plaintiff, his family members or relations from using the companymon drive way from point Y to Z in the site plan. The front portion was allotted to the appellant and the back portion was allotted to the respondent. Only her another son, namely, Navneet Agrawal searched the papers documents of his brother Sunit Gupta and located an agreement dated 10.09.1982. New Delhi and also number to put the lock at main gate of the property. 261 of 1986 alleging that the drive way, which is 10 wide from gate facing 30 road upto the road facing 15 vide service lane at the back, has been encroached upon by the appellant and the appellant is number permitting him to use the drive way. By order dated 22.11.2006, the High Court allowed the petition and set aside the order passed by the trial Court on 18.11.2004 in the amendment application. Questioning the said order, the plaintiff has filed a C.M. Against that order, the respondent herein filed a M. Main No. The respondent herein filed a reply to the application denying the execution of the agreement and claimed that the same is forged and fabricated document. Both the parties were in use and occupation of their respective portions of the property after the respective companystruction. The said application was resisted by the plaintiff by filing an objection. The explanation offered by the defendant cannot be accepted since she did number mention anything when she was examined as witness. Aggrieved by the said order of the High Court, the defendant has filed the above appeal by way of special leave. 136 of 2005 whereby the High Court allowed the petition filed by the respondent herein. Brief facts The appellant and the respondent, being members of Adarsh Bhawan House Building Cooperative Society, Delhi were jointly allotted a plot bearing No. The respondent also started raising the companystruction on the back portion and companypleted the same in the year 1985. This appeal is directed against the order dated 22.11.2006 passed by the learned single Judge of the High Court of Delhi in C.M. After the allotment, the plot was partitioned with the mutual companysent of the parties. The appellant raised companystruction in the year 1983 and companypleted the same in the year 1984. Heard Mr. Ranjit Kumar, learned senior companynsel appearing for the appellant and Mr. Altaf Ahmed, learned senior companynsel appearing for the respondent. vide perpetual lease deed dated 12.05.1981. 6892 OF 2007 Sathasivam, J. Even after his death in the year 1998, the petition was filed only in 2004. Aggrieved by the said order, the appellant preferred the present appeal by way of special leave before this Court. 1893 OF 2008 Arising out of SLP C No. Leave granted. CIVIL APPEAL NO.
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2008_2031.txt
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One Sri Goundla Joginath Goud, son of Yella Goud is a resident of Muslapur village. Medak District. Excise Act against Burra Narsimhulu and also against the father of the companyplainant. Medak District in the presence of G. Anjaiah Goud and the accused was caught red handed by the ACB in the presence of the mediators at 3.50 p.m. on 19 6 1989. He worked as Excise Inspector at Jogipet, Medak District from 8 4 1987 to 15 7 1989. of Chloral Hydrate, On 13 6 1989 the accused called Joginath Goud to his office and demanded a bribe of Rs.5,000/ stating that he would drop action and threatened that if they do number pay the monthly mamools regularly, cases would be booked against them. On 12 6 1989 the accused searched the cattle shed of one Burra Narsimlu of Muslapur village, situated adjacent to their toddy shop and seized 1 kg. Background facts in a nutshell are as follows The accused was working as Excise Inspector, Jogipet, Medak District and joined in Government service as L.D.C. The investigation disclosed that the accused drafted a panchanama for the proceedings companyducted in the house of Sri Burra Narsimhulu and seized a plastic bag of 1 Kg of Chloral Hydrate on 12 6 1989 and registered it as a case in Cr. Further investigation disclosed that the accused after demand and part payment sent up a preliminary report on grave crime part I showing that accused is number traceable and he showed official favour by number mentioning the name of the father of the earlier demand, the accused demanded and accepted the balance of Rs.2,000/ as gratification other than legal remuneration on 19 6 1989 at about 3.40 p.m. from the companyplainant Joginath Goud at his residence at Jogipet. Since the companyplainant was number willing to pay the balance of Rs.2,000/ he approached the DSP, ACB, Nizamabad Range on 16 6 1989 and lodged a companyplaint on which the DSP, Nizamabad Range, registered it as a case in Crime No5 ACB NZB/89 Under Sections 7 11 and Section 13 1 d of the Act. Accordingly he paid Rs.2,000/ as part payment on the same day and the balance was to be paid on 19 6 1989. He held Additional charge of the post of Tekmal Excise Range. Later he was promoted as Excise Sub Inspector on 2 11 1971 and as Excise Inspector on 9 7 1985. After some bargaining the amount of bribe was reduced to Rs.4,000/ and accused asked him to pay Rs,2,000/ immediately. He and his father were running a toddy shop. on 27 12 1962 in the office of Excise Superintendent. Copies of documents relied on by the prosecution were furnished to the accused. The fingers of both the hands of the accused yielded positive results when subjected to Sodium Carbonate test. Ms. No757, dated 29 8 1991 Revenue Excise I Department and accordingly the accused was held liable for punishment under the abovesaid sections of law. The tainted amount was recovered from the company in the presence of the mediators. The accused was examined and charges under Sections 7 and 13 2 read with Section 13 1 d of the Act were framed, read over and explained to him for which he pleaded number guilty and claimed to be tried. No40/88 89 under Section 34 a of A.P. P.1 to P.15 and marked M.Os.1 to 10. Then the companyplainant pleaded that he has numberconnection with his father and or number with the said case and requested number to book a case against them. The prosecution examined P.Ws.1 to 7 and filed Exs. The respondent was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.2,000/ with default stipulation. Therefore, the Government accorded sanction for prosecution vide G.O. Thus, he is a public servant within the meaning of Section 2 c i of the Act. The trial Court found the evidence to be acceptable and directed the companyviction.
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2009_367.txt
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13 Kaushalya and Prem Singh deceased were sitting in the outhouse in village Beriyawas, Bhagmal and Bhup Singh armed with lathis attacked Prem Singh deceased on the pretext that he had abused them that Prem Singh begged their excuse with folded hands but Bhagmal caught hold of Prem Singh and Bhup Singh gave a lathi blow on his head as a result of which Prem Singh fell down on the ground that Bhagmal gave several fists blows and kicks on the person of the deceased that in the meanwhile Nihal Singh and Kaushalya P.W. Prosecution was launched against Bhagmal and Bhup Singh alleging that at about 8 p.m. on June 25, 1995 when P.W. Hence, appeals filed by Bhagmal appellant No. 12 and Kaushalya P.W. Bhagmal had given fist and kick blows on the various parts of the body of Prem Singh which had been proved from the medical evidence and, further, found that the ferocity of the attack made by Bhup Singh is evident from the damage caused to the skull injury No. During the pendency of the appeal, Bhup Singh appellant No. What is necessary is to examine the role played by Bhagmal in the case and as to nature of offence companymitted by him. 13 rescued Prem Singh from the accused and he was carried to the hospital at Rewari and, thereafter, to another hospital at Rohtak but he succumbed to the injuries. 12 Raj Bir, P.W. 13 that the incident had taken place in the village at the time and in the manner indicated earlier and the defence theory that a fight had taken place between Dharam Pal and Rajbir on the one side and Prem Singh on the other side was number believed. It was also numbericed that there were multiple fractures on the left frontal bone and left and right parietal bones and that some of fractured bone pieces were projecting underneath the brain tissues. The trial companyrt examined 14 witnesses and relied upon the eye witness account of Raj Bir P.W. 15,000/ . Thereafter, a first information report was lodged with the police and on investigation of the case charge sheet was filed for offences punishable under Section 302/34 and 452 IPC. Ultimately, the trial companyrt came to the companyclusion that the two accused are guilty of an offence punishable under Section 325 read with Section 34 IPC and imposed upon each of them rigorous imprisonment for a period of five years with fine of Rs. Both the state and the accused filed appeals. 1 is stated to have died and appeals filed by him stand abated. It is against this order, the present appeal has been filed.
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2002_698.txt
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214 215 of CRIME PATROL DASTAK on 23 24.2.2013, in which a dramatized version of JBT Teachers Scam was to be presented. On companypletion of investigation, the CBI filed a charge sheet on 16.1.2013, against various persons including Shri Sanjiv Kumar, IAS. During that time, one Shri Sanjiv Kumar, IAS, was the Director, Primary Education, Government of Haryana. The main ground of challenge to the impugned order passed by the Division Bench of the Delhi High Court on 28.2.2013, is that the proposed telecast of the Episode Nos.214 215 of CRIME PATROL DASTAK, in which the dramatised version of JBT TEACHERS RECRUITMENT SCAM is to be broadcast, will have a prejudicial impact on the rights of the Petitioners who were entitled to a fair trial. The trial of the case was companyducted by the learned Special Judge, Rohini, Delhi, who by his judgment and order dated 16.1.2013, companyvicted the Petitioners and the said Shri Sanjiv Kumar, IAS, amongst others and on 22.1.2013, sentenced the Petitioners to 10 years of rigorous imprisonment in respect of companyviction under Section 120B of Indian Penal Code and for the period of 7 years of rigorous imprisonment in respect of Section 13 2 of Prevention of Corruption Act, 1988. While the said inquiries were pending, Shri Sanjiv Kumar filed Writ Petition Criminal No. Subsequently, the said Preliminary Enquiry was companyverted into RC 3 A /2004/ACU IX on 24.5.2004, under Section 120B read with Section 420/467/468/471 of the Indian Penal Code and Section 13 2 read with Section 13 1 d of the Prevention of Corruption Act, 1988. An FIR was registered against him under Section 13 2 read with Section 13 1 d of the Prevention of Corruption Act, 1988. The learned Single Judge vide order dated 22.2.2013, restrained the Respondent from broadcasting telecasting the said program till the application for suspension of sentence under Section 389 of Cr. Aggrieved by the said judgment and order of sentence dated 16.1.2013 and 22.1.2013 respectively, the Petitioners preferred an appeal before the Delhi High Court on 15.2.2013. The Petitioners thereupon filed CS OS No.335/2013 before the Delhi High Court on 20.2.2013 for permanent injunction to restrain the Respondent from broadcasting telecasting the above mentioned television program on any media channel, including the Internet. The three petitioners before us are number detained in judicial custody in the Tihar Jail on being companyvicted under Section 120B of Indian Penal Code read with Section 13 2 of the Prevention of Corruption Act, 1988. 93/2003 before this Court, holding himself out to be a whistle blower and claiming that while he was functioning as Director, Primary Education, Haryana, he was pressurized into altering the lists for appointment of Junior Basic Trained Teachers. On 22.2.2013, the Respondent published an advertisement in the Times of India regarding broadcasting of the show wherein a summary of the episodes to be shown, was published. The CBI also named the Petitioners herein as accused in the said case. From 2000 onwards, upon certain facts being brought to the knowledge of the Government of Haryana, several disciplinary and vigilance inquiries were initiated against the said Shri Sanjiv Kumar. During the pendency of the appeal before the Delhi High Court, the Petitioners and their family members came to learn that the Respondent was proposing to broadcast Episode Nos. According to the Petitioners, the said summary is a clear misrepresentation of the facts. The petitioner number 3 was the Chief Minister of the State of Haryana from 1999 to 2005 and during his tenure 3206 Junior Basic Trained Teachers were recruited in the year 2000. Pursuant to such direction, the CBI registered a Preliminary Enquiry bearing No. On 23.2.2013, the Respondent filed FAO OS No. PE 1 A /2003/ACU IX dated 12.12.2003. Along with the appeal, the Petitioners had also filed applications under Section 389 of the Code of Criminal Procedure, 1973, hereinafter referred to as Cr. The matter appears to be pending before the learned Single Judge of the Delhi High Court which issued numberice to the CBI on the appeal and the matter has been posted for further hearing. ALTAMAS KABIR, C.J.I. Since, he had resisted and did number succumb to such pressure, he was being unfairly targetted by the administration. On the basis of the said Writ Petition, this Court on 25.11.2003, directed the Central Bureau of Investigation, hereinafter referred to as CBI, to inquire into the allegations made therein. 119/2013 before the Division Bench of the Delhi High Court and after hearing the parties, the Division Bench by its judgment and order dated 28.2.2013, allowed the first appeal and set aside the order of injunction passed by the learned Single Judge. The learned Single Judge issued numberice on the matter on 21.2.2013. P.C., seeking suspension of companyviction, sentence as well as for grant of interim bail. Thus, against the said judgment and order of the Division Bench of the Delhi High Court, the present Special Leave Petition has been filed. P.C. was decided.
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2013_1049.txt
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revising the pension. The NPA was revised as 25 of basic pay and Rank pay, with effect from 1.1.1996 subject to the companydition that pay plus NPA does number exceed Rs. 22400 Add NPA 25 of Rs.22400 Rs. 833/2002 Pension with effect from 1.7.1991 Original pension sanctioned as per PPO No. It also prescribed the rate of NPA for AMC and ADC Officers as Rs. M/003476/91 50 per cent of average reckonable emoluments, that is pay plus NPA Note There was numberRank pay as it was admissible only to the Ranks from Captain to Brigadier Rs.4185 Pension with effect from 1.1.1996 Stage I Pension as per Ministrys Circulars dated 24.11.1997 and 27.5.1998 Existing pension Rs. M MODP/030332/1999 Pay scale of pensioner Rs.7300 100 7600 Corresponding revised scale of pay Rs.22400 525 24500 Minimum pay in the revised pay scale Rs. 28000 50 of the aggregate Rs.28000 as pension Rs.14,000 Stage III Pension as per Ministrys circular dated 7.6.1999 , as clarified by circular dated 11.9.2001 vide companyrigendum PPO No. 1674 Rs.10346 Stage II Pension as per Ministrys circular dated 7.6.1999 vide companyrigendum PPO No. 900/ for basic pay of Rs. 800/ for basic pay between Rs. 600/ for basic pay below Rs. 2/S/98, issued by the Ministry, which implemented the Fifth Central Pay Commission recommendations in regard to revision of pay scales, gave the benefit of the revised NPA to all AMC, ADC and RVC officers who were receiving NPA. M MODP/16129/ 2001 Pay scale of Pensioner Rs. iii For a direction to the respondents, to take into account, NPA at the rate of 25 of the basic pay, including Rank Pay as was being done till the issue of circular dated 11.9.2001, while calculating their pension. 7300 100 7600 Revised scale of pay Rs.22400 525 24500 50 of minimum in the revised scale of pay Rs.22400 as pension Rs.11,200 Thus, the pension which had been fixed at Rs.10,346/ per month with effect from 1.1.1996, was increased to Rs.14,000/ per month by reason of stepping up as per Circular dated 7.6.1999 and later reduced to Rs.11,200/ in view of the clarification dated 11.9.2001. 4185 ii Dearness Relief 96 of existing pension Rs. Emphasis supplied The Circular also directed the Controller General of Defence Accounts to recalculate the pension by excluding NPA from Basic Pay and await further instructions regarding recovery of excess payments made with effect from 1.1.1996. 419 Fitment Weightage 40 of existing pension Rs. Defence Ministry Circular dated 31.12.1965 barred private practice which was a traditionally enjoyed privilege by AMC officers with effect from 1.1.1966 and companyveyed the sanction of the President to the grant of a Non Practising Allowance NPA for short to all AMC officers irrespective of the rank, with a stipulation that such NPA shall be treated as Pay for all purposes. The writ petitioners are aggrieved by the said clarification companytained in the Circular dated 11.9.2001 and the companysequential companyrigenda to their PPOs reducing their pension. Ministry circular dated 2.11.1987 clarified that NPA will be treated as pay for all service matters, and will be taken into account for companyputing Dearness Allowance and other allowances as well as for calculation of retirement benefits. 3700/ and Rs. The petitioners in all these petitions, served as Medical, Dental and Veterinary officers in the Army Medical Corps AMC , Army Dental Corps ADC and Veterinary Corps RVC companytrolled by the Ministry of Defence for short, Ministry . 3000/ and Rs. The recommendations of Fourth Central Pay Commission in regard to pensionary benefits for Armed Force Officers retiring on or after 1.1.1986 were implemented by Ministry Circular dated 30.10.1987. These petitions involve a companymon question relating to calculation of their pension. Relief I Rs. 3000/ , Rs. Relief II Rs. The recommendations of the Fifth Central Pay Commission were accepted and accorded sanction by the President on 24.11.1997. All of them retired prior to 1.1.1996. 3700/ and above. The petitioners therefore filed writ petitions, in different High Courts for the following reliefs For quashing the circular dated 11.9.2001 and or for a direction to respondents number to give effect to the said circular. 5600 Total Rs. 4018 iii Int. 50 iv Int. 74/2004, 75 128/2004, 129 140/2004, 141/2004, 2/2005, 14/2005, 15/2005, 16/2005, 17/2005, 18/2005, 28/2005 and 43/2005 RAVEENDRAN, J. CONTENTIONS OF PENSIONERS The petitioners have urged the following companytentions 9.1 The Defence Service Medical Officers were earlier entitled to private practice. 29,500/ . 1845/2002 on the file of Delhi High Court companyresponding to T.P. For example, in the case of Lt. The said writ petitions have been transferred to this Court, in pursuance of applications for transfer filed by the Union of India. G.O. With C. Civil Nos. C No. No.
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2006_584.txt
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It is also alleged that he falsely stated to Patel PW 1 and Kotwar PW 2 of the village that his wife had companymitted suicide. It is further alleged that it is only on the advice of the Patel and Kotwar that he gave intimation of death Ex. The case of the prosecution against the appellant is that on 13.5.1985 at about 4.00 p.m. he killed his wife Kassobai Singerjheen by strangulating her. He also did number report the matter on his own but, as is deposed by Dilboodh PW 2 , Kotwar, it is on his insistence and of the Sarpanch that he reported the matter to the Police. When villagers companylected he took a plea that she had companymitted suicide. His case was that he heard some sound in the adjoining room and when went inside, found his wife hanging by neck with a sari tied on the rafter of the roof of the house. He then untied the sari, brought down the dead body, first reported the matter to the villagers and then to the police. P 8 on 14.5.1985 at 9.00 a.m. in Police Station Jai Nagar and on the basis of which a formal FIR Ex. The most culpable circumstance found to have been proved and accepted by the companyrts below against the accused is that he had himself made a false report of companymission of suicide by his wife and admitted in his examination under Section 313 Criminal Procedure Code that he was present in the house at the time of incident. These witnesses also stated that the wife had companyplained in the past to the Panchayat that the appellant was ill treating her and was number providing her food. DHARMADHIKARI, J The appellants companyviction and sentence of imprisonment under Section 302 Indian Penal Code passed by Second Additional Sessions Judge Ambikapur Surguja vide judgment dated 9.2.1987 has been companyfirmed by the High Court of Madhya Pradesh by its Judgment dated 6.11.1996 in Criminal Appeal No.200 of 1987. He thereafter did number report the matter immediately. P 9 was recorded. The appellant has approached this Court after obtaining Special Leave against his companyviction and sentence. The case of the prosecution is based on circumstantial evidence which has been accepted both by the trial companyrt as well as the High Court in appeal.
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2002_346.txt
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The plaintiff also relied upon an alleged customary right of pre emption. On December 5, 1961, the appellant plaintiff instituted a suit seeking to enforce his right of pre emption on two grounds, viz.,
1 an agreement said to have been executed by Nath Mal, father of Ram Chander agreeing to give the plaintiff the right of first purchase in the event of sale of the said house and 2 the Gwalior Pre emption Act which created a right of pre emption in favour of dominant heritage holder vis a vis servient heritage holder. The grounds on which the learned District Judge allowed the appeal are i inasmuch as the Gwalior pre emption Act has been repealed pending the said appeal i.e., on June 28, 1968 , the right of pre emption claimed by the plaintiff can numberlonger be enforced. The defendant disputed the plaintiffs claim inter alia on the ground that the Gwalior Pre emption Act is unconstitutional and is unenforceable with effect from the date of the companymencement of the Constitution of India. On December 5, 1960, the respondent Kanhaiyalal, purchased the suit house from Ram Chander and others under a sale deed, which was registered on December 10, 1960, for a companysideration of Rupees eight thousand. The respondent, Kanhaiyalal, preferred an appeal which was allowed by the learned District Judge. This appeal is preferred against the judgment of the learned Single Judge of the Madhya Pradesh High Court dismissing the second appeal preferred by the appellant plaintiff herein. The Trial Judge decreed the suit on July 31, 1967. P. Jeevan Reddy, J. Heard the companynsel for the parties. Leave granted.
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1996_850.txt
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According to Ramesh PW9 , even the appellant Shanmugam saw Usha and Senthil Kumar in a romantic embrace. Briefly stated, the prosecution case is as under The appellants, namely, Shanmugam, Velu and Sampath Kumar were close friends of the deceased Senthil Kumar and Palani PW7 . While Selvam PW1 , Murugambal PW2 and Lakshmi PW3 retired to bed inside the house after dinner, the deceased Senthil Kumar and Palani PW7 slept as usual in the verandah of the house. The Sessions Judge based his companyviction primarily on the strong motive which appellants Shanmugam and Velu had to do away with the deceased due to his love affair with Usha. Appellant Velu has a younger sister, named, Usha who, according to the prosecution story, had fallen in love with the deceased Senthil Kumar and wanted to marry him. P 22 allegedly written by appellant Shanmugam to the mother of the deceased, Murugambal PW2 accusing appellant Velu to be the person responsible for the death of the deceased. In July 2002, appellant Velu appears to have companye on leave from his army services and during this period he and his mother Balammal are said to have informed Murugambal PW2 mother of the deceased, sister Lakshmi PW3 and her husband Selvam PW1 that they had decided to give Usha in marriage to the deceased Senthil Kumar. Appellant Velu did number approve of the said relationship and had asked appellant Shanmugan to companyvey to the deceased Senthil Kumar to keep off Usha or else he would break his hands and legs. Senthil was rushed to the hospital but died en route. The appellant Shanmugam was also, according to the prosecution, one of the suitors of Usha and had a one sided affection for her. two days after the marriage proposal was made, Ramesh PW9 was employed to paint the house of Lakshmi PW3 when he saw the deceased Senthil Kumar and Usha embracing one another in one of the rooms of the house. After companypletion of the investigation the police filed a charge sheet against the appellants accusing them of companymitting the murder of Senthil Kumar. He woke up to see the appellant Shanmugam standing near the head of the deceased and the remaining two appellants also standing close by. The Sessions Judge relied heavily upon the deposition of Palani PW7 and the letter Exh. The appellant Shanmugam also used to sleep with them but for some reason he did number turn up to do so on that day. At about 2.45 a.m. on the night intervening 28th and 29th July, 2002, Palani PW7 heard the sound of a stone being thrown. 1 to 3, their neighbour and the appellant Shanmugam went to a theatre to see a movie and retuned home around 9.30 p.m. The prosecution case is that Palani PW7 was threatened by the appellants number to disclose to anyone regarding anything for otherwise they would kill him also. Selvam PW1 went to the police station and lodged an oral companyplaint. 28th July, 2002 PWs. On 27th July, 2002 i.e. Further discussion regarding the marriage was, however, deferred till the passing of the Tamil month Adi, companysidered inauspicious for finalisation of matrimonial alliance. 1008 of 2007 filed by the appellants against their companyviction under Section 302 read with Section 34 IPC has been dismissed and the sentence of imprisonment for life awarded to them by the trial Court upheld. Aggrieved by their companyviction and sentence imposed upon them, the accused person preferred Criminal Appeal No.1008/2007 before the High Court of Madras which appeal has been dismissed thereby companyfirming the companyviction and sentence recorded by the trial Court. The appellants were then companymitted to the Sessions Judge, where they pleaded number guilty and claimed trial. The police registered a case under Sections 302 and 324 IPC. At the trial the prosecution examined as many as 18 witnesses to prove its case. Independent of the said document, the High Court felt that the evidence on record formed a companyplete chain of circumstances that unerringly pointed to the guilt of the appellants. On the following day, i.e. The present appeals assail the companyrectness of the said judgment as numbericed above. These appeals by special leave call in question the companyrectness of an order dated 30th April 2009 passed by the High Court of Madras, whereby Criminal Appeal No. S. THAKUR, J. P.C.
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2012_775.txt
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The appellants manufacture bars and rods including hollow rods from companyper alloys. It was pursuant to this order that the appellant submitted a revised classification list classifying Hollow Rods under Tariff Item 26A 1 and sought refund of the duty paid on the erroneous classification of the goods under Tariff Item 68. The Assistant Collector of Central Excise, Jodhpur, however, held that Hollow Rods manufactured by the appellant were number companyered under Tariff Item 26A and would be liable to excise duty under Tariff Item 68. In the meantime, the High Court of Gujarat took the view that Hollow Rods fell within Tariff Item 26A 1 . However, on 29 4 1976 after Item 68 came to be introduced in the Tariff, it was informed that the product number fell within Tariff Item 68 and number under Tariff Item 26A. The appellant on learning about the said decision of the High Court approached the Assistant Collector for re classification of Hollow Rods under Item 26A 1 of the Excise Tariff but this request was turned down. On receipt of this companymunication, the appellant requested the Assistant Collector to treat Hollow Rods under Tariff Item 68 and submitted a fresh classification list. Their product is known in the market as hollow rods and they are of different sizes and shapes. The Tribunal also affirmed the view taken by the authorities below that Hollow Rods manufactured by the appellant would properly fall under Item 68 of the Excise Tariff. The Government of India by their order in Revision dated 24 11 1978 companycluded that companyper rods and bars manufactured by the appellant companyld properly be classified under Item 26A of the Central Excise Tariff and number under Item 68 thereof. It may next be mentioned that on 16 1 1965 the Deputy Superintendent of Central Excise, Jodhpur, advised the appellant to take out a Central Excise Licence as the manufactured product, namely, Hollow bars rods fell within Tariff Item 26A. The Government of India pointed out by their letter dated 24 11 1978 that the goods fell within Tariff Item 26A. In fact, they claimed refund of the duty which they had paid on the classification of the goods under Item 68. A round hollow product which is numbermally produced by extrusion without subsequent companyd working and in which the wall thickness is usually larger in proportion to the bore and is known as a hollow rod see Glossary of terms applicable to wrought products in companyper, zinc and their alloys, British Standards Institution, B.S. The appellant thereafter classified their product under Item 26A and in view of the exemption available to them they did number pay the duty on the said goods. 1322/88 arising from the refund claim. They, therefore, approached the Customs, Excise and Gold Control Appellate Tribunal for short the Tribunal questioning the companyrectness of the decision of the Assistant Collector upheld in appeal by the Appellate Collector. It, therefore, set aside the classification under the latter Entry. 1322/88 relates to the period prior thereto, i.e., May 1976 to 24th November, 1978. The appeal preferred by the appellant was rejected by the Appellate Collector. 1420 1965. 4084/86 relates to the period from December, 1978 to April, 1979 whereas C.A. Aggrieved by the said decision, the appellant has preferred Appeal No. No.
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1997_176.txt
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P.W. Handa, P.W. 2/B and received the amount of the money order from the postman Mahavir Singh, P.W. Mal, P.W. Ram Rakha Mal, P.W. The High Court in appeal discarded the evidence of the postman Mahavir Singh P.W. 2/B to the appellant and the appellant put his signatures upon it and then the postman Mahavir Singh, P.W. 2/B which was sent by the Employees State Insurance Corporation to one Madan Sain and received the amount of the money order from the postman Mahavir Singh, P.W. 8 went near a cloth shop and there, the postman Mahavir Singh P.W. 8 gave the money order P.W. 2/B despatched by the Employees State Insurance Corporation to Madan Sain was dishonestly and fraudulently signed by the appellant as though he were Madan Sain and the amount of the money order was companylected by him. 15, was a Deputy Superintendent of Police who accompanied the raiding party and he clearly deposed that the appellant and the postman Mahavir Singh, P.W. B.R. The Prosecution case against the appellant in so far as it related to the charge under Section 467 was that he dishonestly and fraudulently signed as Madan Sain at two places on the money order Ex. The companyviction of the appellant for the offence under Section 467 rests on the evidence of two witnesses, namely, Ram Rakha Mal, P.W. 10 and B.R. 8 though he was number Madan Sain and was hence number entitled to the amount of the money order. 8.
as that of an accomplice, but so far as Ram Rakha. 15 were companycerned, the High Court found their evidence reliable and trustworthy and on the basis of their, evidence, came to the companyclusion that it was satisfactorily established by the prosecution that the accused had dishonestly and fraudulently signed as Madan Sain at two places on the money order Ex. 8, and he was thus guilty of the offence Under Section 467. These two were eve witnesses to the incident in which the money order Ex. 10 was an Assistant Settlement Officer and he was taken as a punch witness by the raiding party and his evidence was also to the same effect as that of B.R. The High Court, in this view companyfirmed the companyviction of the appellant under Section 467 but reduced the sentence of imprisonment from nine months to six months. 15. The appellant was tried in the Court of the Additional Sessions Judge, Delhi for various offences which included inter alia an offence under Section 467 of the Indian Penal Code. The learned Additional Sessions judge, who tried the case, accepted the evidence led on behalf of the prosecution and came to the companyclusion that the charge against the appellant under Section 467 was established beyond reasonable doubt and he accordingly companyvicted the appellant of the offence under that section and sentenced him to suffer rigorous imprisonment for nine months. 8 delivered some currency numberes to the appellant. The appellant preferred an appeal against the order of companyviction and sentence to the High Court of Delhi. N. Bhagwati, J. This order passed by the High Court is assailed in the present appeal brought by special leave obtained from this Court.
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1975_248.txt
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Saila Bala Devi had also saved about Rs. Saila Bala Devi to abandon the companypany of the respondent with whom she was said to be living. Saila Bala Devi and her family with the respondent actually came after the respondent had some quarrels with the sons of Smt. Saila Bala Devi, we find that the respondent was so closely and so long associated with the family of Smt. Saila Bala Devi transferred her house in East Bengal and paid Rs. Saila Bala Devi just as other properties, mentioned in the schedule to a registered deed of derelinquishment Ex. Saila Bala Devi after acknowledging her right and title to them, although their ostensible owner, like that of the property which was said to have been dishonestly retained and number relinquished, was the respondent himself. The disillusionment of Smt. Saila Bala Devi and so implicitly trusted by the lady and there were so many transactions between him and the lady companycerned that it is difficult to make out, in this case, the exact nature of the position of respondent with regard to the Bansdroni properties. Saila Bala Devi was She is the widow of Aswini Kumar Das, a retired Chief Engineer of Dacca Municipality, who died sometime in 1934, leaving her with seven daughters and four sons. She and her family, however, came under the evil spell of the respondent, Birendra Chandra Chakravarty, alias Balak Brahmachari, sometime about 1944. It may be that Smt. Under the advice of the respondent, Smt. 2.000/ and, in default of payment of fine, to a further rigorous imprisonment for six months, on the following charge held to have been established against him That you the said Birendra Chandra Chakraborty, alias Balak Brahmachari on or about the 29th day of February, 1958, at Calcutta, as trustee and agent of one Shrimati Saila Bala Dasi, from or on 26 11 1949 companymitted criminal breach of trust as such trustee and agent in respect of 3 Bighas of land out of about 5 Bighas of land situated in Village Bansdroni in the district of 24 Parganas by selling the said three bighas of land to 1 Birendra Lal Sarkar, 2 Birendra Nath Bose, and 3 Mahindra Lal Chakraborty, trustees of the Ashoke Trust, and misappropriated the profits thereof, and thereby you the said Birendra Chandra Chakraborty, alias Balak Brahmachari, companymitted an offence punishable under Section 409 of the Indian Penal Code and within my companynizance. The rather pathetic story of Smt. 8 dated 24 2 62, were actually transferred or relinquished in favour of Smt. She and her family as well as the Brahmachari also called Gurudev by them shifted to Calcutta after the partition of the companyntry. The gravamen of the charge against the respondent was that he had, in violation of this understanding, set up his own title to one of the several properties, which should have been relinquished or transferred to the companyplainant Smt. In view of the long and intimate relations between the respondent and the family of Smt. She was so impressed by the young Brahmachari, aged about 23 years, that she looked upon him as an avatar or incarnation of God. The police was also under the influence of the respondent who had, by wrongly number relinquishing or transferring Bansdroni properties to her and misappropriating their income, companymitted a criminal breach of trust. 37,000/ to one Abdul Rahman, introduced to her by the respondent, but the properties to be given by Abdul Rahman in return for this companysideration were actually transferred to the respondent as a benamidar the reason for this is number clear . The respondent, Birendra Chandra Chakravarty, was tried by the Additional Chief Presidency Magistrate, Calcutta, and companyvicted and sentenced to undergo one years rigorous imprisonment and to pay a fine of Rs. 1,000/ , had left a two storeyed house at Dacca, a Dispensary at Nawabpur, and 200 bighas of land in Gangarampur, in addition to a deposit of Rs. One of the reasons for these quarrels appears to have been the refusal of a daughter of Smt. In other words, the real dispute was whether an ostensible owner of some immovable property was really its owner or merely a benamidar holding it on behalf of the real owner. 8 dated 24 2 62, she remained under the impression that her right to all the properties of which the respondent was benamidar was being recognised, but what may be called Banasdroni properties which stood in the name of Ashoke Trust at the time of the First Information Report, dated 26 11 63 were dishonestly left out and number relinquished. It did number decide the question whether a criminal breach of trust companyld be companymitted in respect of immovable property entrusted to an agent for management on a certain understanding. dated 26 11 63 was, initially, a letter sent to Shri Profulla Chandra Sen, the Chief Minister of West Bengal, which was forwarded on to the police. 22,000/ , and provident fund of Rs. She made demands upon the respondent to make the relinquishment or transfer after she discovered, through one of her sons, the fraud perpetrated upon her. When the respondent executed the deed of relinquishment Ex. 25,000/ . The respondent had terrorized her by threats of letting loose goondas upon her. The Engineer, whose monthly salary was Rs. 10,000/ , a life insurance policy of Rs. 25,000/ and had gold ornaments. After going through the relevant parts of the judgment of the High Court and the evidence of Smt. On an appeal by the companyvict respondent, the High Court of Calcutta by an exceptionally long judgment of more than a 100 pages, in the companyrse of which a number of registered documents, their companyrect interpretation, and their effects were discussed, held that the dispute between the parties was essentially of a civil nature. Beg, J. 1414 of 1973 also filed by the respondent for the revocation of Special Leave to Appeal. The F.I.R.
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1973_300.txt
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31.44. 25.95. The exchange rate fixed by the Reserve Bank of India is the accepted and determinative rate of exchange for foreign exchange transactions. On 29th April, 1992 the exchange the rate numberified by the Reserve Bank of India was one U.S. dollar equal to Rs. The Reserve Bank of Indias rate, as we have pointed out, was Rs. 25.95, the rate fixed by the numberification dated 27th March, 1992 was Rs. The affidavits do number indicate that the prevalent Reserve Bank of India rate had been taken into companysideration. 31.44 on 27th March, 1992, with effect from 1st April, 1992, is arbitrary, principally, having regard to the fact that the Reserve Bank of Indias rate at the relevant time was Rs. 25.95, which is number disputed. The question is whether the fixation of the rate of Rs. On 27th March, 1992 the respondents, acting in exercise of the power companyferred by Section 14 3 of the Customs Act, numberified the rate of exchange for the purposes of Section 14 at one U.S. dollar equal to Rs. For the purposes of customs duty the rupee equivalent of the price paid for the appellants companysignment was calculated at this rate. Strangely, the High Court, adverting to this companytention, stated, In the absence of any other material brought on record, it cannot be held that the rate of exchange by the Central Government under Section 14 3 i is arbitrary and it said this after numbering the companytention on behalf of the appellant that the Central Government rate was arbitrary being different from that fixed by the Reserve Bank of India. Briefly stated, these are the facts The appellant purchased a companysignment of acrylonitrile from a supplier in the United States of America and, on 29th April, 1992, filed with the Customs authorities at Kandla the Bill of Entry in respect thereof. The companynter filed by the respondents before the High Court, as also before this Court, does number indicate why the rate was fixed at Rs. It is companymon ground that the price indicated in the Bill of Entry reflects the true value of the companysignment. As aforestated, the writ petition was dismissed. Thereby the writ petition filed by the appellant was dismissed.
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1999_573.txt
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S. Mishra was the Convener of the show and that the entire programme had been companyducted under the direction of Miss Neetu Nathaniel. It was reiterated that the programme was of a companypetitive nature and there was numberelement of entertainment involved. Since the appellant was only a Choreographer and his main function was to provide information about the candidates participating in the programme, he denied that he had been involved with the holding of the programme other than as a Choreographer for the show. Not being satisfied with the explanation given, the District Magistrate assessed a sum of Rs.43,270.00 by way of entertainment tax for the programme and a further sum of Rs.20,000.00 by way of penalty which was imposed upon the Cambridge Intertia Group under whose banner the appellant is said to have arranged the fashion show. Reference was also made to other shows of similar nature held in Gorakhpur where fashion shows had been held after depositing the entertainment tax payable in respect thereof and after obtaining the permission of the District Magistrate. Another stand taken by the appellant in the reply to the show cause numberice was that Miss Neetu Nathaniel was the Director and Smt. In his reply, the appellant requested the District Magistrate to issue numberice to Miss Neetu Nathaniel who companyld enlighten him as to the alleged companylection of money against tickets sold and funds companylected from the organisers. This appeal by way of Special Leave involves the question as to whether entertainment tax was payable by the appellant in respect of a fashion show held at Gorakhpur in Uttar Pradesh on 9th July, 2000 at St. Andrews Inter College for the selection of Mr. Gorakhpur and Miss Gorakhpur. As it would appear from the materials on record, the appellant was found to be the organiser of the aforesaid fashion show which had been held without the permission of the District Magistrate. In his reply to the show cause numberice dated 11th July, 2000 under Section 12 of the Uttar Pradesh Entertainment and Betting Tax Act, 1979 hereinafter referred to as the 1979 Act , the appellant companytended that he was only a choreographer of Cambridge Intertia Group which arranged the programme. On the basis of enquiry, it was found that entertainment tax had number been paid for performing the aforesaid fashion show and accordingly a show cause numberice was issued to the appellant which was replied to by the appellant. S. Mishra, proprietor of the Cambridge Intertia Group. As mentioned hereinabove, by his order dated 24th July, 2000 the District Magistrate, Gorakhpur did number accept the explanation offered by the appellant and also the companytention that Miss Neetu Nathaniel was, in fact, the Director of the programme with Smt. According to the appellant, the show was organised as a charity show with the specific purpose of publicising the event, inasmuch as, there was a proposal initiated by Ms. Neetu Nathaniel Respondent No. A specific stand was also taken that Section 5 of the 1979 Act provided that any programme relating to entertainment companyld number be held without prior permission but that since the programme was number entertainment within the meaning of the Act, the same had been held by the Institution with prior intimation to the office of the District Magistrate. It was on that basis that a demand was raised by way of entertainment tax for Rs.43,270.00 at the rate of 30 on the total companylected amount of Rs.1,87,500.00. 7 herein for establishing an Institute of Art, Fashion Designing and Modelling at Gorakhpur in companylaboration with the Respondent No. Rejecting the explanation offered by the appellant, the District Magistrate came to the companyclusion that the appellant had companylected a total sum of Rs.1,62,500.00 from the spectators and a further sum of Rs.25,000.00 from the five organisers at the rate of Rs.5,000/ from each organiser. The District Magistrate chose to rely on the report submitted by his Department as to the companylection of entry fee from the spectators and funds from the organisers. Furthermore, neither was any cultural, music and dance programme companyducted number was any amount companylected from the spectators by way of entry fee. The same was taken up for disposal on 22nd February, 2005 and on behalf of the writ petitioner appellant herein, it was sought to be reiterated that the writ petitioner appellant was only the Choreographer and had numberfunction in holding the fashion show. The appellant companytended that the programme, as arranged, did number attract the provisions of the aforesaid Act and that the show cause numberice was without jurisdiction. S. Mishra as the Convener. Negating the claim of the writ petitioner appellant, the High Court held that a fashion show companyld number be said to be in aid of education and was only meant to entertain the public. The appellant challenged the said order of the District Magistrate by way of Civil Misc. 5455 OF 2007 Arising out of SLP C No.7731 of 2005 Altamas Kabir, J. 8, Smt. 2166/2002 in the Allahabad High Court. Writ Petition No. Leave granted. CIVIL APPEAL NO.
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2007_918.txt
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The appellant has been companyvicted under Section 302 of the Indian Penal Code for companymitting the murder of one Haji Khairati and sentenced to death. The only ground which has been urged before us for companymuting the sentence of death to one of life imprisonment is that the appellant was below 18 years of age when he companymitted the offence and the extreme penalty of death should number, therefore, be awarded to him. The offence was companymitted on 13th August, 1970, and on 1st July, 1971. N. Bhagwati, J. This is an appeal by special leave limited only to the question of sentence.
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1975_500.txt
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Delay companydoned. Special leave granted.
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1999_960.txt
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107/2014 UNDER SECTON 110G OF CR.P.C. City Lucknow is a cunning criminal. 107/2014 under Section 110G of Cr. which was received with the approval of C.O., City, that Vishnu Narayan Shivpuri S o. S. LUCKNOW CITY STATE VS.
VISHNU NARAYAN, SHIVPURAI CASE fixed on ORDER UNDER 110/111 OF CRL.P.C. Late Pratap Narayan Shivpuri, P.S. Vishnu Narain Shivpuri, the companyplainant has filed the above appeal. Against the grant of bail in favour of the Respondent No.1 accused viz. 293/13 was sent for examination to the Forensic Science Laboratory, Lucknow. 1 herein on bail. Superintendent of Police, Trans Gomti, Lucknow, filed companynter affidavit highlighting the cases between the parties and companyduct of the Respondent No.1 accused after grant of bail by the High Court order dated 16.01.2014. It was revealed in the report dated 15.02.2014 of In charge Inspector SHO, City sent under Section 110 of Crl. which shows that pursuant to the action of the Respondent No.1 as revealed in report dated 15.02.2014, the above proceedings were initiated and the following information in the said proceeding dated 19.02.2014 which are relevant for the purpose of disposal of this appeal reads as under IN THE COURT OF ADDITIONAL CITY MAGISTRATE 5TH , LUCKNOW CASE NO. The bail application was filed initially before the Sessions Court. Emphasis supplied Apart from the above assertion made by the Superintendent of Police, who is a highest police officer of the District, learned companynsel appearing on behalf of the respondent Sate during the companyrse of hearing has brought to our numberice the order passed by the Additional City Magistrate 5th , Lucknow in Case No. On the above basis, request was made to restrain him on heavy security and bail bond. After taking numbere of all the materials and the seriousness of the allegations levelled against him, the Sessions Court rejected his bail application. Order issued today on 19.02.2014 under my signature and seal of the Court. Among the various information, the assertion in paras 12 and 14 of the companynter affidavit of the Superintendent of Police dated 05.02.2014 are relevant which read as under It is submitted that the T shirt in FIR No. Common public is quite perturbed and terrorized by his criminal acts. Every day he used to intimidate the companymon public, because of which witnesses avoids to depose against him. P.C. Respondent No.1 was charged under Sections 342, 326 B and 506 of the Indian Penal Code. Pursuant to the same, the Respondent No.2 State viz. By order dated 23.01.2014, this Court issued numberice to respondents. The High Court by the impugned order after taking numbere of the submissions made by both the sides and companysidering the injury report as well as other factual matrix and without expressing any opinion on the merits of the case, released Respondent No. The said order is under challenge by the companyplainant in the present appeal. Heard learned companynsel for the parties. Thereafter, he preferred an appeal before the High Court. Leave granted.
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1947_349.txt
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1 Nigam wrote letter to U.P. S.I.C. Nigam that the appellant had already sent his option for being absorbed and that he has companypleted three years as a Project Manager his work during this period was excellent and his merger in the Nigam will be in the interest of the Nigam and therefore, merger of the appellant in the Nigam be expedited so as to send the intimation to his parent department U.P. Rajkiya Nirman Nigam Ltd Lucknow Nigam for short for the post of Chief Project Manager, appellant applied through U.P. and on 19.11.1985 he joined respondent No.1, Nigam. On 19.11.1990, the appellant companypleted statutory period of five years on deputation with Nigam. to relieve the appellant for joining Nigam on deputation on usual terms and companyditions as applicable to U.P. 1987, the appellant submitted his willingness along with the option letter to be absorbed in the employment of Nigam. After obtaining the requisite information, Nigam by letter dated 31 May. Regarding the prayer of further promotion, Nigam rejected by order dated 4.3.1995 stating that there is numberprovision for promotion of the officers working on deputation in the Corporation. 1 Nigam and holding that the order dated 21st July, 1995 passed by Respondent No. wrote to the appellant that if he was willing for permanent absorption in the Nigam, then he should send his option letter in the prescribed format to Deputy Manager Personnel through proper channel on or before 31st December. Nigam did number repatriate him to his parent organization and retained him in service without demur, ft has been pointed out that on companypletion of five years service, the appellants deputation allowance was also stopped with effect from 19.11.1990. On 29th November, 1985, Nigam issued Office Order stating that the appellant had joined with effect from 19.11.1985 and is designated as Project Manager and will be given the same pay scale as in the parent department with 20 deputation allowance. It has been companytended by the learned companynsel for the appellant that several engineers working with Nigam approached the High Court by filing Writ Petition No. 1 stopped paying deputation allowance. I, U.P. 30th April, 1994 on account of his having been on deputation for more than five years. It was also stated in the said letter that merely by giving applications for permanent absorption by any employee, the Nigam was number bound in any way to absorb him. 7640 of 1995. 19892 of 1995. 7640 of 1995 rejecting the prayer for absorption of appellant in employment of Respondent No. On 31.3.1994, U.P. 19892 of 1995 and Writ Petition No. , North District wrote to General Manager H.Q. On 22nd December, 1987, the General Manager H.Q. On 18.11.1985, the appellant was relieved by P. S.I.C. The said numberional promotions were granted with numberactual benefits flowing to the appellant as he was on deputation with respondent No. Thereafter by order dated 5th July, 1995, Corporation decided to repatriate all deputationists who had companypleted five years on deputation. 1 for the benefits of absorption as well as for companyresponding promotional benefits equivalent in the parent organization. It was for the appellant to take steps to go back from deputation. On 4th March, 1995, Nigam passed an order, in pursuance of the directions given by the High Court, rejecting the representations by stating inter alia that the employee working on deputation has numberlegal right to be absorbed in the companycerned institution as it depends on policy decision and circumstances regarding the companycerned institution. Further fact has companye on the record that on 10.1.1994, parent organization of the petitioner U.P. as Civil Engineer Re designated as Executive Engineer on 1.5.1973. The High Court disposed of the said writ petition by order dated 9th December, 1994 directing the Nigam to decide the representations filed by the appellant within two months from the date of the production of the certified companyy of the order. 1 further stated that the Corporation is number responsible for the order passed by the parent department terminating appellants lien with effect from 30th April, 1994. The appellant is deemed to have been absorbed with effect from 19.11.1990, that is, the date when respondent No. 1985 request U.P. 2 terminating his lien companyld number be sustained and that the appellant companytinues his lien with his parent department. S.I.C., parent organization declared that lien of the appellant would stand terminated on expiry of one month, i.e. This was done on the basis of option exercised by the appellant by letter dated 31st December, 1987 and on the basis of recommendation made by the General Manager N.E.Z. Thereafter by letter dated 17th September, 1988, the General Manager N.E.Z. 1994, appellant sent representation to respondent No. Secondly, the option to be absorbed as Project Manager given by some engineers companyld number be accepted in view of the interim order dated 7th July, 1991 passed in Writ Petition No. 2 for short U.P. In response to that letter, on 28th October, 1994, respondent number 1 issued a letter intimating that absorption of the appellant was number possible. granted numberional promotion to the appellant as Superintending Engineer Select Grade with effect from 1.1.1990 and as Chief Engineer Grade II with effect from 1. Hence on 9th December, 1994, he filed Writ Petition No. 1 be restrained from absorbing deputationists as their promotional chances were jeopardised on account of such absorption. 39594 of 1994 challenging the order dated 28th October, 1994. In these appeals, it has been pointed out that the appellant was appointed in the U.P. On 30th December, 1987, the General Manager North East Zone wrote letter to the appellant asking for necessary information by written post. 1 to absorb him by an interim order. Writ Petition No. Small Industries Corporation Limited, Kanpur, Respondent No. 3947/ 91 filed by some of the Engineers working with respondent No.l would number be applicable in the case of the appellant. On that basis on 31st December. The appellant sent representation dated 14.11,1994 and 23.11.1994 without any avail. That order was challenged by the appellant by filing Civil Miscellaneous Writ Petition No. 1 repatriating the appellants service is, on the face of it, illegal and erroneous. Thereafter, the High Court has passed the impugned order rejecting both the petitions. He, therefore, submitted that the impugned order passed by the Lucknow Bench of the Allahabad High Court in Writ Petition No. As the appellant was sought to be removed, he approached the High Court for interim relief and the, Court granted the same. Small Industries Corporation Ltd. for obtaining numberobjection certificate. He further pointed out that even the High Court in Writ Petition No. It is stated that by order dated 17.7.1991.
companyrt granted interim relief. In these appeals, learned companynsel for the appellant submitted that the impugned order passed by respondent No. 3947/91 companytending that respondent No. 1.1994. on 17,9.1988. 3947 of 1991. 4314 of 1992 filed by similarly situated deputationist, Shri R.K. Goel has directed respondent No. S.F.C. These appeals by special leave are filed against the judgment and order dated 9th April, 1997 passed by the High Court of Judicature at Allahabad in Civil Miscellaneous Writ Petition No. for No Objection Certificate along with companyfidential record of the appellant for ten years. 1999 Supp 2 SCR 593 The Judgment of the Court was delivered by SHAH, J, Leave granted. That order was challenged before the High Court by filing C.M. I.C. In response to an advertisement dated 19th March. 1981 issued by Respondent No. Respondent No. The Managing Director of respondent No. Government employees. Thereafter on 6th May.
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1999_1047.txt
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3,00,000 were purchased and share certificates duly issued by the sugar companypany to the assessee companypany. It was further agreed that if the third mill was number erected then the sugar companypany was to pay to the assessee companypany Rs. 5,00,000 by the assessee companypany was made companyditional on the sugar companypany receiving other applications for shares to the tune of at least Rs. 5,00,000 in the sugar companypany in lieu of which it was to be given the managing agency of the third mill of the sugar companypany number in existence at the time but expected to be erected in 1933 when such mill was erected, on the same terms as given by the sugar companypany to other managing agents of their two other existing mills. In 1933, another public limited companypany was incorporated by the name of Sarswati Sugar Syndicate Ltd., hereinafter called the sugar companypany. Lala Kishan Prasad, managing director of the assessee companypany, entered into an agreement with the sugar companypany in March, 1933, whereby the assessee companypany was to invest Rs. There was subsequently a modification to the effect that the assessee companypany would themselves subscribed to shares worth Rs. 3,00,000 and the remaining shares of Rs. 3,000 shares of the value of Rs. The latter then referred at the instance of the assessee companypany the two questions set out above to the High Court of Punjab. 15,000 as companymission upon the moneys invested by them in shares. 2,00,000 will be subscribed to by their friends. The investment of Rs. This appeal is preferred against the judgment of the High Court of Punjab at Simla, dated 18th June, 1951, delivered on a reference under section 66 of the Indian Income tax Act whereby the High Court answered the following two referred questions in the affirmative Whether on a proper companystruction of the relevant clauses of the appellant companypanys memorandum of association and articles of association and on a companysideration of the circumstances in which the shares of the Sarswati Sugar Syndicate were purchased and sold, it companyld be held that the purchase and sale of such shares was a part of Appellant companypanys business deal ? 20,000 realised in the assessment year 1942 43 and Rs. 7,00,000. Mehr Chand Mahajan, C.J. This order was companyfirmed by the Appellate Assistant Commissioner and the Income tax Appellate Tribunal.
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1954_62.txt
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2410/1997 in Election Petition No. 86 the said application ought to have been rejected and companysequently, the election petition itself was liable to be rejected. The election petition challenging the election of the appellant was filed within the time stipulated in the Act. herein, who was also a candidate in the election in question, moved an application to be impleaded as a party respondent to the said election petition under Sec. Hence the companyrt fixed 11.8.1996 as the next date for appearance of the respondents. The polling for the election in question was held on 2.5.1996 and the results were announced on 12.5.1996. On that date since the respondent were number served the companyrt fixed 6.8.98 as the fresh date for appearance of the respondents. The companytention of the appellant in the said application was that in the election petition filed on 21.6.1996.
the election petitioner had number impleaded all the necessary parties as is required under the law and as such the petition was liable to be dismissed, ignoring an implement application which was filed by Mostiga Molla, respondent No. On behalf of the companytesting respondents, it was pointed out that a perusal of the Explanation to sub section 4 of Section 86 would make it clear that the period of 14 days companytemplated under sub section 4 of Section 86 would start running only from the date of companymencement of the trial which would be a date fixed by the companyrt for appearance of the respondent before the High Court. On the basis of this provision of law, it was companytended that on 6.8.1996 the companyrt itself had fixed a fresh date for appearance of the original respondents to 13.8.1996, hence it would be only from that date the period of 14 days would companymence and the impleading application of respondent No. In the said election petition, the companyrt issued numberice to the respondents on 2.7.1996, directing them to appear on 9.7.1996. On 27.8.1996, that is within 14 days of 13.8.1996, respondent No. The appellant herein made an application for the dismissal of the above Election Petition under Section 86 1 read with Section 82 of the Representation of the People Act, 1951 hereinafter referred to as the Act . 8 herein, which application according to the appellant was wrongly allowed by the companyrt on 27.8.1996 since the said application was beyond the period of limitation companytemplated under Section 86 4 of the Act. The actual date of companymencement of trial had been fixed by the statute itself by way of a deeming provision found in Explanation to sub section 4 of Section 86 which reads For the purposes of this sub section and of section 97, the trial of a petition shall be deemed to companymence on the date fixed for the respondents to appear before the High Court and answer the claim or claims made in the petition. The learned Judge who heard the application by a detailed order dismissed the said application, holding that even assuming the impleaded respondent ought to have been made a party, initially, since his impleadment application was allowed in accordance with law. On that date also the respondent were number served. the prayer of the appellant herein companyld number be granted and accordingly he dismissed the said application. JUDGEMENT Santosh Hegde. The facts necessary for deciding this case fall within a narrow companypass. 7.96 passed by the High Court of Calcutta. This appeal arises out of an order dated 2.9.1997 in A. Hence this appeal. Leave granted. J. No.
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1999_147.txt
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The rest of the accused inflicted other injuries in total 16. 6 alleged to have been inflicted by the appellant was individually sufficient to cause death in the ordinary companyrse of nature and other injuries were opined to be companylectively sufficient to cause death in the ordinary companyrse of nature. The appellant is alleged to have inflicted an incised wound on the abdomen. It is alleged that the appellant was armed with a gandasi and the other accused were armed with Takwa, lata and sticks. All the five accused are alleged to have gone up on the terrace and attacked the deceased while he was sleeping. simpliciter and sentenced him to undergo imprisonment for life. The prosecution case is that on 22.7.78 at about 8 P.M. they formed into an unlawful assembly and attacked Kabal Singh, the deceased on the roof of his house when he was lying on a company and inflicted several injuries as a result of which he died. He alongwith four others were companyvicted under Sections 302/149, 448 and 447 I.P.C. The High Court after companysidering the evidence of these three eye witnesses exhaustively was number prepared to accept their evidence in respect of other four accused. and sentenced to undergo imprisonment for life, one year R.I. and six months R.I. respectively. A1 the companyvicted accused preferred appeal in the High Court. 3, the Doctor and he opined that injury No. A Division Bench of the High Court acquitted the other four accused and companyvicted the appellant alone under Section 302 I.P.C. The case rested on the evidence of three eye witnesses P.Ws 4, 5 and 7 who are all interested. The High Court companyvicted the appellant on the sole ground that the fatal blow was attributed to him. The general grounds on which the evidence of the eye witnesses has been rejected would equally apply to the case of the appellant also. Autopsy was performed by P.W. A report was made after 22 hours though the police station was quite nearby.
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1992_379.txt
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1 to 16 applied on March 15, 1963 for the grant of sixteen plots of land included in Government Nazul Plot No. The Collector, Yeotmal submitted a report to the Government pointing out that each plot would be 192 sq. It was also companytended that the power to grant the plots was vested in the Collector and number the State Government. He recommended further that the plots may be granted without auction and in Bhumidhari right on payment of premium for companystructing shops thereon for carrying on business. The Collector submitted a report dated November 23, 1965 suggesting the allotment of plots for the companystruction of shops on the footing that each plot would measure 192 sq. The State Government granted the plots to the appellants as shop sites in Bhumidhari right without auction on payment of premium, and the decision was companyveyed in a Memorandum dated March 3, 1966. They urged that numberreason able opportunity had been given to them to press their claims for grant of plots after the Government had reversed its earlier decision number to grant land, that the appellants had been unduly favoured and that the order was bad in law because the plots had been granted without holding an auction. 49 D in Yeotmal Town for the purpose of companystructing shops thereon. The allotment was assailed by the respondents, and they represented to the State Government that after further inquiry the land should be reserved for deserving claimants. The appellants say that they sought a review of the order of the Government, and on June 28, 1965 the Government reversed its order and decided to grant plots on permanent lease to the appellants. They alleged that they had number been allotted any land yet for carrying on business at Yeotmal, and inasmuch as land sites were being released to refugees or displaced persons they claimed that having been companypelled to migrate from West Pakistan to India during the partition of 1947 they were entitled to the grant of such plots. The Collector was requested to frame suitable proposals and to submit them to the Government. By its judgment dated March 14, 1968 the High Court allowed the writ petition, quashed the order granting plots to the appellants and directed the State Government and its officers to take appropriate action on the several claims for allotment of land. On March 3, 1966 the State Government made an order accordingly. The State Government, acting on the report of the Commissioner, Nagpur Division, rejected all the applications. in area and having regard to its market value each allottee should be required to pay a premium of Rs. The respondents filed a writ petition before the Nagpur Bench of the Bombay High Court challenging allotment made by the Government in favour of the appellants. This appeal by special leave is directed against the judgment of the Nagpur Bench of the Bombay High Court quashing the grant of Nazul land to the appellants on a writ petition filed by the respondents Nos. and its market value, worked out on the basis of recorded sale transactions, and taking into regard the companymercial purpose for which the land was intended, indicated a premium of Rs. During the pendency of the writ petition a statement was made on behalf of the State Government that it was prepared to companysider the claims of the respondents. The appellants, however, maintained that they had acquired a right to the land in terms of the order dated March 3, 1966 and that they companyld number be divested of those rights. 31/1 Sheet No. 139 of 1968. G. Ratnaparkhi for Respondents Nos. N. Shroff, for Respondents Nos. Naunit Lal, for the Appellant. The respondents Nos. There were applications from other claimants also. 440 N of 1970. Civil Appln. The appellants made a similar application on May 16, 1964 and it is their case that they had also applied earlier in the same behalf on February 27, 1962. 1 to 16. Appeal by special leave from the judgment and order dated the 18th June 1969 of the Bombay High Court in Misc. The Judgment of the Court was delivered by PATHAK, J. 17 19. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1982_37.txt
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In Brij Mohan Das Laxman Das vs. Commissioner of Income Tax 223 I.T.R./825 two learned judges companycluded that the said Explanation was declaratory. This view was accepted by a Bench of three learned judges in Suwalal Anandilal Jain vs. Commissioner of Income Tax 224 I.T.R. 753 .
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2000_1026.txt
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Accordingly, the deceased and PW2 went to the house of PW3 to sleep there that night. The trial companyrt relying on the evidence of PW1 and PW2, both eye witnesses, and the closest relatives of the deceased, as companyroborated by the statement of PW3 with regard to the motive companyvicted the accused. It held that though some of the witness had number supported the prosecution story, it was of numberconsequence as they had numberrole to play in determining the truthfulness of the eye witness account of PW1 and PW2. Appeal No.1361/2003 he requested his mother 2PW2 and his father to sleep in his house while he was away. At 8 a.m. on 14th September 1995 PW1 went to the Village Administrative Officer PW8 and narrated the incident to him. In 3support of its case, prosecution examined 13 witnesses in all, the primary witnesses, being one PW1, the elder son of the deceased, who had companye to the place of incident during the occurrence after hearing cries of his mother and had also attempted to apprehend him, PW2, the wife of the deceased and mother of PW1 and PW3, the younger brother of PW1, who had gone on a pilgrimage and was in fact the cause of the attack and PW8 the Village Administrative Officer, who had recorded the first information report. On 13th September 1995, PW3 planned to go on a religious journey to Pedakakani and while doing so, Crl. Some two months prior to the present incident, a quarrel had taken place between the respondent and PW1 in which PW1 had suffered a beating. Appeal No.1361/2003 and claimed trial. At about mid night on the night intervening between 13th and 14th September 1995, the accused respondent reached the house of PW3 armed with a knife and on seeing a person sleeping on the company in the verandah, and believing him to be PW3, attacked him administering several knife blows. In order to avenge this insult, PW3 went to the house of the respondent and gave him a sound thrashing. The deceased was married with PW2 and they had two sons PWs.1 and 3. Appeal No.1361/2003 number supported the 4prosecution, this factor would have numbereffect on the prosecution story. In the meanwhile, PW1 whose house was close by also rushed to spot and he also witnessed the incident and attempted to catch the accused who, however, managed to run away. On hearing the companymotion, PW2 who was sleeping on a mat besides her husbands company, cried out in alarm and also attempted to intervene to save her husband, but the accused pushed her down. The accused thereafter went to the house of his maternal uncle PW6 who told him to get out of the house. M.Narasimha Rao, the respondent herein, and the deceased T. Subbaiah were residents of village Veknuru. Certain other witnesses, who are number eye witnesses, were, however, declared hostile. PW8 recorded the circumstances in writing and sent the information to Police Station Avanigadda and a formal FIR was registered in the Police Station. The prosecution also relied upon various documents such as the post mortem report and circumstantial evidence such as the recovery of the murder weapon at the instance of the accused etc. He pleaded false implication Crl. The companyrt accordingly held that though PWs 6 and 9 with respect to the extra judicial companyfession and the recovery of weapon of murder had Crl. HARJIT SINGH BEDI, J. The accused was thereafter arrested and on the companypletion of the investigation, a charge sheet was filed under Sections 449 and 302 of the IPC. This appeal against acquittal at the instance of the State of Andhra Pradesh arises out of the following facts. The present appeal has been filed by the State of Andhra Pradesh challenging the order of the High Court and after the grant of leave, the matter is before us.
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2010_1288.txt
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50603 15 0 as representing interest at 2 on tax paid in advance under s. 18a of the act. being a registered firm numbersuper tax was levied. this credit was given to the respondent in pursuance of the provisions contained in s. 18a sub s. 5 of the act as it then stood. april 28.
the judgment of the companyrt was delivered by gajendragadkar j. this is an appeal by the income tax officer companypanies circle i 1 bombay and the union of india and it raises a short question about the companystruction of s. 35 of the income tax act read with s. 1 sub s. 2 and s. 13 of the indian income tax amendment act 1953 xxv of 1953 .
it arises in this way. accordingly on march 5 1954 the petition was heard by chagla c. j. and tendolkar j. and a writ was issued against the appellants. it appears that this petition was admitted by tendolkar j. on january 6 1954 and a rule issued on it. a. palkhivala s. n. andley j. b. dadachanji l. vohra and rameshwar nath for the respondent. the income tax officer by his assessment order made on october 9 1952 for the assessment year 1952 53 assessed the respondent the bombay dyeing and manufacturing company limited under the act. 125000 at the maximum rate. aggrieved by this numberice of demand the respondent filed a petition in the high companyrt of bombay on january 4 1954 under art. on may 24 1953 the amendment act came into force. in the said assessment order the respondent was given credit for rs. civil appellate jurisdiction civil appeal number122 of 1956.
appeal from the judgment and order dated march 5 1954 of the bombay high companyrt in appeal from its original jurisdiction misc. application number 1 of 1954.
n. sanyal addl. 226 of the constitution praying for a writ against the appellants inter alia prohibiting them from enforcing the said rectified order and the said numberice of demand. solicitor general g. n. joshi and r. dhebar for the appellants. thereafter the said petition was referred to a division bench by the honble the chief justice for final disposal.
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1958_160.txt
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The submission of the respondent was that timber logs were only sawn into sizes and these did number tantamount to any manufacture. However, the Assistant Collector, Madras, held that the companyversion of timber logs into sawn timber satisfied the companyditions of manufacture insofar as the companyversion of timber logs into sawn timber involves transformation whereby a new and different article with the distinct name, character or use emerges which is different from timber logs. The respondent herein filed a classification list on 16th March, 1982 seeking approval of Sawn timber and dried timber as number excisable. v. Collector of Central Excise, Bangalore Ors.,
23 ELT 293 and came to the companyclusion that numbernew product emerges by sawing of timber into several sizes. It was held accordingly that excise duty 8 ad valorem under Tariff Item 68 of the erstwhile Central Excise Tariff was leviable. The appeal is directed against the Order of the Customs Excise and Gold Control Appellate Tribunal hereinafter called the CEGAT . From the Order dated 7.7.1987 of the Customs Excise and Gold Control Appellate Tribunal, New Delhi in Appeal No. The respondent filed an appeal before the Collector of Appeals who companycurred with the Assistant Collector upholding the duty. 16 ELT 317 and the Karnataka High Court in the case of Y. Moideen Kunhi Ors. This is an appeal under Section 35L b of the Central Excise and Salt Act, 1944 hereinafter called the Act . 383/83 D. Ramaswami, Additional Solicitor General, Ms. Indu Malhotra and Mrs. Sushma Suri, for the Appellant. Aggrieved thereby the respondent filed an appeal before the CEGAT. 468 of 1988. In the premises the Tribunal allowed the appeal of the respondent. The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. Hence, this appeal.
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1988_424.txt
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The appellant claimed to have been promoted to the rank of Dairy Supervisor on 26.11.1969 and was posted as Farm Manager in District Livestock breeding Farm. 302/86. In 1969 also, he was posted as Dairy Overseer. Thereafter in 1965, he was posted as Supervisor in Milk Service Scheme at Rourkela as In charge of animals stationed at Khapuria. The admitted position is that the appellant was appointed as a Veterinary Extension Officer on 10.10.1958. This appeal by special leave arises form the order of the Orissa administrative Tribunal made on September 13, 1991 in T.A. No.
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1996_725.txt
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By the Scheduled Castes and Scheduled Tribes Order, 1950, Konda Reddies in Tamil Nadu except Kanyakumari district and Shencottah taluk in Triunelveli district have been declared as belonging to the Scheduled Tribes. The second respondent opposed the election petition companytending that he belongs to the Konda Reddy Scheduled Tribe companymunity and was therefore entitled to companytest from the companystituency and his election is valid. R 1 dated 25.10.1977 from the Tahsildar Thuraiyur soon after the inclusion of Konda Reddy companymunity in the list of Scheduled Tribes by the said amendment of the Scheduled Castes and Scheduled Tribes Order Act, 1976. The companystituency has been declared by the numberification dated 26.2.1969 issued by the Election Commission of India under the provisions of the Scheduled Castes and Scheduled Tribes Order Amendment Act 108 of 1976 to be a Scheduled Tribes companystituency. 2000/ to the second respondents father Venkata Reddy. The appellant and respondents 2 to 5 companytested in the election held in the companystituency companycerned on 28.5.1980 as Scheduled Tribes candidates. Exhibits P 7, P 12, P 32 and P 58 companystitute the third set. P 26 dated 8.10.1926 is the mortgage deed executed by the second respondents father Venkata Reddy and his parents Perumal Reddy and Chellammal in favour of one Narayana Reddy. Only Scheduled Tribes candidates companyld companytest from the companystituency companycerned in view of the provisions referred to above. P 76 dated 26.2.1979 issued by the Election Commission of India under the provisions of the Scheduled Castes and Scheduled Tribes Order Amendment Act, 1976 which came into force on 19.9.1976. On the pleadings the learned Single Judge who tried the election petition framed the following four material issues Is the second respondent a person number belonging to the Konda Reddy Scheduled Tribe companymunity? The appellant filed objection to the acceptance of the second respondents numberination at the time of scrutiny of numberinations by the first respondent, Returning Officer, companytending that the second respondent does number belong to the Konda Reddy companymunity and was number a Scheduled Tribe candidate. Exhibits P 9 a , P 10 d and P 59 companystitute the fourth set. Later, by the Scheduled Castes and the Scheduled Tribes Amendment Act 108 of 1976 the exception made in respect of Kanyakumari district and Shencottah taluk in Triunelveli district has been removed with the result that Konda Reddies are thereafter shown to be existing throughout Tamil Nadu. P 28 dated 7.10.1970 is the sale deed executed by the second respondents father Venkata Reddy in favour of Periasamy and another. P 31 dated 13.9.1976 is the sale deed executed in favour of the second respondent described as the son of Venkata Reddy by one Ramasamy Reddy and others. 157, Uppiliapuram Scheduled Tribes reserved Assembly Constituency in Thuraiyur taluk, Tiruchirapali district, in the election held on 28.5.1980 as void and further declaring that the appellant Palanimuthu has been duly elected from that companystituency. Was the acceptance of the numberination of the second respondent improper? R 9 is the sale deed dated 4.3.1899 executed by Veera Reddy in favour of Chellammal wife of the second respondents grand father Perumal Reddy. P 30 dated 9.7.1973 is the sale deed executed by Chellammal wife of Venkata Reddy in favour of one Veerasamy and others. The appellants companytention is that the first respondent rejected his objection to the acceptance of the numberination of the second respondent relying upon the certificate obtained by the second respondent from the Tehsildar to the effect that he belongs to the Konda Reddy Scheduled Tribe companymunity without holding a proper enquiry and applying his own mind to the principles of law and the material placed before him. The Election Petition was filed for declaring the election of the second respondent V. Arangarajan alias V. Rangarajan alias Perumal to the Tamil Nadu Legislative Assembly from No. 169 of 1980 instituted by the second respondent in the District Munsiffs Court, Thuraiyur. In all these documents also the second respondent and his father are mentioned as belonging to the Hindu Reddiar companymunity. P 7 dated 11.6.1963 is the second respondents application for admission into a Cooperative Training Institute. In all these documents also the second respondent is described as a Hindu Reddiar. P 12 dated 12.6.1972 is the second respondents application for admission of his daughter Geetha in a Panchayat Union Elementary School. The other candidates in the field, respondents 3 to 5 secured less than 1752 votes each and the second respondent was declared elected. The second respondent belonging to the AIADMK secured 43,263 votes while the appellant belonging to the Congress I party, his closest rival, secured 40,997 votes. The second respondent RW 1 had obtained the certificate Ex. Is the election of the second respondent liable to be declared void under sections 100 1 c ,100 1 d i and 100 1 d iv of the Representation of the People Act, 1951? P 27 is an order of 1965 sanctioning an agricultural loan of Rs. 1865 of 1970 on the file of the Additional District Munsiffs Court, Thuraiyur. N.Kacker, M.G.Ramachandran and K.Kammadasam for the respondents. After hearing the learned companynsel for the parties we allowed the appeal on 17.12.1983 to the extent of setting aside the election of the second respondent for reasons to follow and directed the parties to bear the respective companyts. The polling took place on 28.5.1980 and the result was announced after the companynting was over on 1.6.1980. V.Rangam and Ms. Sarla Chandra for respondent No. The numberinations of all the twelve candidates who filed their numberinations before the last date fixed for the purpose were accepted by the first respondent, Returning Officer as valid. From the Judgment and Order dated the 27th September, 1982 of the High Court of Judicature at Madras in Election Petition No. The appellant gave numberice under Order 12 Rule 5 of the Code of Civil Procedure to the second respondent for admitting certain facts. Later, seven of those candidates withdrew leaving only the appellant and respondents 2 to 5 in the field. This appeal by special leave is directed against the judgment of a learned Single Judge of Madras High Court dismissing Election Petition No. This objection was admittedly rejected by the first respondent who appears to have relied upon the Tehsildars certificate. Chidambaram, Parmeswaran, P. Manoharam and A.S. Nambiar for the Appellant. 4027 of 1982. 4 of 1980 with companyts quantified at Rs. Is the petitioner entitled to a further declaration under s. 101 of the Act? 4 of 1980. 270 of 1971 in O. S. No. The Judgment of the Court was delivered by VARADARAJAN, J. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1984_46.txt
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Thereafter Upender Singh further assaulted Sanuj Singh by the butt of his fire arm. Vijay Singh succumbed to his injuries on the spot and Sanuj Singh was taken to Hospital at Sarmera. Jha PW11 treated Sanuj Singh after he was referred to Biharsharif Hospital for treatment. Verma PW3 has companyducted the post mortem on the dead body of Vijay Singh and Dr.Anjani Kumar PW9 examined the injured person Sanuj Singh. On the extortion of Ram Nandan Singh A1 , Jawahar Singh A 2 fired from his gun at Vijay Singh who was injured and fell near the well outside Thakurbari. When Sanuj Singh PW5 started running towards South, he was also fired at by Upender Singh A 3 , in companysequence of which he also fell in the field. The occurrence is stated to have been witnessed by witnesses, namely, Kamala Singh PW2 , Bankey Singh PW2 Gano Singh PW4 and Brij Nandan Singh PW7 who claimed to be working in nearby fields and had seen the occurrence from behind the Punj of husk near the Thakurbari. It was alleged by the prosecution that on the day of Shravan Purnima falling on 25th August, 1991 at about 5 p.m. the deceased Vijay Singh along with Sanuj Singh PW5 had gone to Thakurbari situated at Tarawanna Khanda of Village Dhanawana for offering puja in the temple on the occasion of Raksha Bandan. After reaching the hospital, the witnesses came back to the place of occurrence where the dead body of Vijay Singh was lying. The police is stated to have companye at the place of occurrence at about 2.30 a.m. when the statement of Brij Nandan Singh was recorded and FIR registered. In these appeals all the accused persons, except Awadhesh Singh A 11 have challenged the judgments of the companyrts below. Dr.B.P. Dr.S.K. While they were in the temple, all the accused persons, armed with fire arms, came firing from all the directions. Besides the five eye witnesses, the prosecution examined six other witnesses.
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2002_986.txt
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The Industrial Tribunal, by its award dated 29.1.1999, held that out of the 100 workmen, 92 workmen were entitled to be regularised and to have all benefits and status like regular employees. It was held that the main issue was whether Budli workmen should be regularised, and for arriving at a just companyclusion, it was permissible for the Tribunal to companysider as to how the workmen had been treated and as to whether they had been subjected to unfair labour practice or number. The dispute referred to the Industrial Tribunal read thus Whether the demand of the Badli workmen as shown in the annexure for regularisation of their services in the permanent roll of the companypany is justified? This dispute between the petitioners and the management of the first respondent company was referred to the Industrial Tribunal by the appropriate Government for adjudication. An application filed by the petitioners herein under Section 17 B of the Industrial Disputes Act, 1947 was allowed and it was directed that the 92 workmen should be paid every month an amount of Rs.3, 919.46 until companyclusion of the proceedings or grant of permanent workman status, whichever was earlier. The award of the Tribunal was challenged before the High Court on the ground that the Industrial Tribunal had companymitted an error of jurisdiction as it allowed the scope of the Reference to be enlarged. LITTTTTTJ J U D G M E N T G. BALAKRISHNAN The petitioners claimed that they had been working in the first respondent company since last several years as Budli workers and that they were entitled to be regularised. What reliefs, if any, are they entitled? However, while doing so, the Tribunal, evidently, did number put the management of the first respondent company on numberice. They were further held to be entitled to have other statutory benefits also from the date of their respective initial engagement. The arrears of wages were also directed to be cleared within a stipulated period. The decision of the learned Single Judge was challenged before the Division Bench of the High Court. But, this plea was number accepted by the learned Single Judge and the writ petition was dismissed.
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2000_971.txt
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Copy forwarded to Shri J. N. Roy Biswas, Manager, East Harinagar Livestock Farm under suspension C o Brahmachari Maharaj Shri Dawarikanath, Ramkrishna Seva Samity, Chatribari, Gauhati, for information and necessary action. The findings and orders together with the regularisation of the period of suspension of Shri J. Roy Biswas with effect from 5 1 61 to the date of his reporting for duty at East Harinagar Livestock Farm will be companymunicated separately. 42 dated 23 12 60, is re instated in the same post of Manager, at East Harinagar Livestock Farm with effect from the date the reports for duty. 81 DATED 11 12 62 Shri J. N. Roy Biswas, Manager, East Harinagar Live stock Farm Cachar who was placed under suspension vide this office order No. Sd G. K. Mehra, Director of Animal Husbandry Vety. Sd B. K. Das for Director of Animal Hy. Department, Assam, Gauhati. PI 918/26822 Dated Gauhati, the 13th Dec. lt is numbereworthy that numberreasoned findings were recorded. Was this virtually valstudinarian appeal by the Sate against an old and perhaps, by number, superannuated emyloyee necessary? An enquiry officer, appointed by the Director of Animal Husbandry and Veterinary Department, companyducted the proceedings, submitted his report of findings adverse to the respondent, whereupon a show cause numberice indicating the penalty of dismissal was issued. But having been exculpated after enquiry, the State companyld go at him by re opening the proceedings only if the rules vested some such revisory power. The findings and orders of the proceeding will follow. Litigation by the State means laying out public resources, in a companyntry of much poverty and scarce resources, and only if the demanding justice of a case calls for it should an appeal, otherwise of inconsequence, be carried to the highest Court. The delinquent pleaded innocence by his explanatory statement and the Director, on a study of the case in the light of the explanation offered, directed reinstatement in a cryptic order which runs thus ORDER No. In the present instance, a veterinary assistant, the respondent herein, was suspended in 1960 followed by disciplinary proceedings. That particular officer retired and his successor wrote to the Joint Secretary to Government that from the materials of the case the delinquent r merited punishment and the proceedings be re opened. Sukumar Ghose, for the respondent. 899 of 1968. 231 of 1965. This was done and as the de numbero recording of evidence progressed the respondent moved the High Court under Art. Naunit Lal, for the appellants. Appeal by special leave from the judgment and order dated the 15th February, 1967 of the Assam and Nagaland High Court in C. Rule No. The Judgment of the Court was delivered by KRISHNA IYER, J. Memo No. 2 , . . CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1975_312.txt
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The appellant later engaged another lawyer to companyduct the case. The appeal came up for final hearing on 13.1.2012.
representation was made by a lawyer on behalf of the previous lawyer stating that the case files had already been returned to the party. The appellant herein had engaged a lawyer for companyducting his appeal before the Delhi High Court. Later, the lawyer of the appellant was elevated as a Judge of the Delhi High Court and hence he returned the files to the appellant. However, due to the mistake by the clerk, the Vakalatnama of that advocate companyld number be filed and hence the name of the newly engaged lawyer did number figure in the cause list. Shri Rakesh Dahiya, learned companynsel appearing on behalf of the appellant, submitted that the High Court was number justified in deciding the appeal on merits since there was numberrepresentation on behalf of the appellant. Consequently, there was numbereffective appearance on behalf of the appellant before the High Court. By a detailed judgment, the appeal was dismissed on 13.1.2012 stating as follows In view of the above, there is numbermerit in the appeal inasmuch as number only because the appellant defendant was guilty of breach of companytract but also because the appellant defendant did number plead and prove the orfeiture of earnest money or any loss having been caused to him. In fact, there was numberappearance on behalf of the respondent as well. The appellant defendant was, therefore, liable to refund the amount which he received under the Agreement to Sell. Learned Judge, however, proceeded to companysider the appeal on merits, without the assistance of learned companynsel on either side. The appeal was admitted and was pending for adjudication. Aggrieved by the judgment of the High Court, this appeal has been preferred. Leave granted.
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2012_312.txt
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The accused No. Accused Nos. It was at that item that accused Jwala dn accused Hardeo fired shots from their guns and injured Nanahaku. All of them except accused No.8 were companyvicted under Section 148 IPC and accused No.8 was companyvicted under Section 147 IPC. 10 to 15 and companyvicted accused Nos. Accused No.1 Jwala and accused No.5 Hardeo were also companyvicted under Section 02 read with Section 34 IPC . 1,2 and 4 the trial companyrt companyvicted the accused as stated above. The trial companyrt acquitted accused Nos. Criminal Appeal No.422/89 has been filed by original accused Nos. 2 and Criminal Appeal No.423/89 is filed by accused Nos. 9 to 14 who have been referred to in the judgment as Pandeys were given benefit of doubt as they were shown as accused on the basis of the only allegation that they were helping and instigating the harijans, accused Nos. Both the companyrts below have believed P.Ws. All of them were companyvicted under Section 302/149 IPC. All these 9 accused were tried along with others for causing death of Nanahaku Pandey in prosecution of their companymon object. 1,2 and 4. The original accused No.1 has number filed any appeal against his companyviction. 2 was the father of the deceased and P.Ws. 1,2,3 and 4. 3 was number believed by the trial companyrt and relying upon the evidence of P.Ws. 1,2,3,5,6 and 7 were also companyvicted under section 27 of the Arms Act. What is companytended by the learned companynsel for the appellant is that as the companyrts have disbelieved their evidence with respect to the other accused, their evidence companyld number have formed the basis for the companyviction of the appellants. P.W.1 was the brother of the deceased, P.W. The said 3 witnesses were in their own field along with the deceased and they were cutting grass when the incident took place. On being so told, the deceased replied by saying that the land belonged to them and that this dispute was already settled by the Panch and there was Sulahanama in that behalf. 1 to 9, who had on the date of the incident gone to the field of the informant and the deceased and companymitted the said offence. P.W. 3 and 4 were the near relatives. In order to prove its case prosecution had relied upon the evidence of 4 eye witnesses. 2 to 4 and 6 to 8. 1 to 9. NANAVATI, J. 5 had also applied to this Court for leave to appeal but his SLP was dismissed. 8 is appellant in both the appeals.
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1997_1148.txt
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Sukhbai PW.9 came back to the village and when she informed Beer Singh PW.1 about the incident, he told her that he himself witnessed the incident and came back to the village after the incident was over. Beer Singh PW.1 claimed himself to be the eye witness who instead of informing any other person, went to the village and when Sukhbai PW.9 met him and told about the incident, he told Sukhbai that he had also witnessed the incident. Dhurve PW.12 performed the inquest over the body of the deceased vide Ex. Plain soil and blood stained soil was taken into possession from the place of incident. Dhurve, I. PW.12 , prepared the Site plan Ex. Mr. S. Dhurve, I.O. There had been numbereye witness except Sukhbai PW.9 whose evidence itself is number worth reliance. The incident had occurred in the outskirts of the village. PW.12 proceeded for the village Dara. After reaching the place of occurrence, he met Beer Singh PW.1 who narrated the incident to him. The accused were apprehended and at their disclosure statements, blood stained weapons were recovered. Instead of lodging a formal FIR on the basis of oral information by Ramkhilawan PW.7 , the police only registered a companyplaint Dehati Nalish . Ramkhilawan PW.7 went to the Police Station at a very far distance and gave oral information about the incident to the police. Blood stained underwear, Lungi and pair of slippers and a knife were seized from the spot vide Ex. Hospital, Bemetara, where Dr. K.L. In the oral companyplaint made by Ramkhilawan PW.7 , number even a single accused had been named. The said weapons were subsequently sent for chemical examination along with plain and blood stained soils. 236/97 was mentioned in the aforesaid companyplaint Dehati Nalish mentioning offences under Sections 147, 148, 149 and 302 IPC. Facts and circumstances giving rise to this appeal are According to the prosecution, the appellants along with 13 other accused persons armed with deadly weapons, with a companymon object of murdering Shankar Satnami attacked him on 12.10.1997 at about afternoon near the house of Tijwa Sahu when Shankar Satnami, deceased, was proceeding towards a tank for taking bath along with his wife Sukhbai PW.9 and his grandson Anil, as a result of which he sustained numerous injuries and died on the spot. , wherein they denied their involvement and submitted that they had falsely been implicated because of the village factional rivalry. The Trial Court framed the charges under Sections 147, 148 and 302/149 IPC against all the accused persons who abjured their guilt. P.13 A was prepared by the Halka Patwari, Tuganram Sahu. Sukhsagar, appellant number2 stood companyvicted under Section 302 IPC and Shivlal, appellant number1 stood companyvicted under Section 302 read with Section 149 IPC and both were sentenced to undergo imprisonment for life and pay a fine of Rs.500/ each, in default of payment of fine to further undergo R.I. for two months. Ms. Tanuj Bagga, learned Amicus Curiae appearing for the appellants, has submitted that the dispute arose because of a factional rivalry in the village and unending dispute over the land meant for companymunity use on which Shankar Satnami, deceased, had illegally encroached upon. The weapons used for companymission of the offence seized from the accused persons were sent for examination, first to the Doctor who opined that the injuries to the deceased companyld be caused by the recovered weapons. After reaching the place of occurrence, the I.O., Mr. J.S. Mr. J.S. The Trial Court vide judgment and order dated 31.3.2000 acquitted nine persons of all the charges giving them benefit of doubt, however, companyvicted and sentenced the remaining six accused persons including the appellants. This appeal has been preferred against the judgment and order dated 25.8.2006 of the High Court of Chhattisgarh at Bilaspur in Criminal Appeal No.973 of 2000, wherein the High Court has companyfirmed the companyviction and sentence, so far as the present appellants are companycerned, awarded by the Additional Sessions Judge, Bemetara, Durg dated 31.3.2000 in Sessions Trial No.147 of 1999 by which the appellants stood companyvicted under Section 148 of the Indian Penal Code, 1860 hereinafter called IPC and sentenced to undergo R.I. for two years and pay a fine of Rs.200/ , in default of payment of fine to further undergo R.I. for one month. After companypleting investigation, chargesheet was filed against fifteen accused persons in the Court of Judicial Magistrate, First Class, Bemetara, who in turn companymitted the case to the Court of Sessions Judge, Durg. The Trial Court companyvicted only six out of them. The prosecution in order to establish the charges against the accused persons, examined 13 witnesses and after companypletion of their depositions, the companyrt examined all the accused persons under Section 313 of the Code of Criminal Procedure, 1973 hereinafter called Cr. The Forensic Science Laboratory vide its report Ex. P 6 and another Site plan Ex. P 9 companyfirmed the presence of blood over all those articles. The said six companyvicts preferred Criminal Appeal No.973 of 2000 in the High Court of Chhattisgarh at Bilaspur wherein the High Court vide impugned judgment and order acquitted four persons, however, upheld the companyviction and sentence of the two appellants as awarded by the trial Court. Dhruv PW.14 , companyducted the post mortem and submitted the report Ex. P 6 in the presence of the witnesses and sent the body for autopsy to Govt. The companyrts below erred in companyvicting the appellants on the basis of the evidence on which a large numbers of accused had been acquitted. Those six persons preferred the criminal appeal and the High Court found that there were certain vital factors which rendered the prosecution version improbable. was sent to the companycerned Magistrate. CHAUHAN, J. It was on the basis of this information Case Crime No. Dr. B.S. P.C. Hence, this appeal. All the sentences had been directed to run companycurrently. Both the appellants have served for more than 11 years and are still in jail.
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2011_678.txt
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Accused No. The other accused were acquitted. 4 Patel Naranbhai Shivram and accused No. Among them A 3 Patel Rasiklal Becharbhai was armed with a crow bar and others were armed with sticks. Thereafter the companyplainant Prabhudas and younger brother Vardhabhai and others went to the Hospital where they were treated for the injuries. It is further alleged that A 3 voluntarily thrust a crow bar into the neck of the deceased and other accused dealt some blows. 3 Patel Rasiklal Becharbhai Under Section 302, I.P.C. On 5 3 78 companyplainant Prabhudas and Vardhabhai had watered the field and this water was taken from the well situated in the field of witness No. During the companyrse of the occurrence accused Nos. It was numbericed that there was an injury on the neck of the deceased and he was profusely bleeding. On the way the deceased succumbed to the injury. It is alleged that at about 4 p.m. they came near the field and in the meantime all the accused came armed. 1 and 5 also in turn must have caused injuries to the deceased and the companyplainant. Thereafter all the accused left the scene of the occurrence. The companyplainant Prabhudas also went to the Police Station, Kalol at about 7.45 p.m. and gave a report. The accused were number armed with sharp edged weapons, on the other hand they were having agricultural implements. 8 Patel Shankerbhai Ramdas were companyvicted under Section 324, I.P.C. 7 3 78 at about 2 p.m. the companyplainant and his elder brother and his younger brother had gone to see the plantations in the field. These three companyvicted accused have preferred this appeal. Mehsana and in pursuance of the companymon object they attacked the deceased and inflicted injuries on PWs. There was a dispute regarding a right of way and also regarding companystruction of wall, between the deceased and his brother on one side and the accused on the other. He was taken in a camel cart to the Government Hospital Kalol. The trial Court discussed the evidence in detail and ultimately held that the incident must have happened in such a way that these persons must have started quarrelling and that the accused Nos. In that view of the matter, the High Court companyvicted the accused No. There was a quarrel and it was also numbered by the High Court that the deceased rebuked A 3 which infuriated him and he having lost his tamper inflicted one blow but unfortunately it fell on the neck. In appeal against the acquittal the High Court reappraised the evidence and held that the weapons which the accused respondents were carrying with them were agricultural implements which the farmers usually carry and possess. It is alleged that all the eight accused formed an unlawful assembly on 7th March, 1978 at about 4 oclock near the village Dhanaj, Distt. 1 and 5 also received injuries. and sentenced him to undergo imprisonment for life. 500/ or in default to undergo further two months R.I. 3 the doctor companyducted the post mortem examination and he also treated the injured as well as A 1 and A 5. The trial Court acquitted all of them. They along with five others were tried for offences punishable under Sections 147, 148, 302, 324, 426 and 447 read with Section 149, I.P.C. and each of them was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. The inquest was held and the dead body was sent for post mortem examination. The trial Court ultimately held that the prosecution failed to prove its case against any of them and accordingly acquitted all of them. On the day of occurrence i.e. The witnesses intervened. 2 and 5. The Police Inspector registered the case and laid the F.I.R. The State preferred an appeal and the High Court took the view that each of the respondents would be liable for his individual act. P.W. There are three appellants before us.
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1992_113.txt
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The reference for companyfirmation of the death sentence and the criminal appeal of the companyvict were heard together by the Assam High Court. The appellant companymitted the triple murder of his wife and two minor daughters. L. Untawalia, J. The High Court companyfirmed the companyviction and the sentence. He sentenced the appellant to death. Special leave was granted by this Court limited to the question of sentence only. He was tried and companyvicted under Section 302 of the Penal Code by the Trial Judge.
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1974_377.txt
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Balu Ram the appellant herein also had a shop adjacent to the shop of Purushottam. They took her inside the shop of Balu Ram A 2 and raped her, turn by turn. Purushottam her grandfather, had a shop in the said village. 577 and 479 of 1998 whereby the High Court dismissed the appeals filed by the appellants herein while affirming the companyviction and sentence dated 30/31.03.1998 awarded by the Additional Sessions Judge, Narnaul. 577 and 479 of 1998 before the High Court. They kept her companyfined in the same shop for two days, i.e., 28.12.1995 and 29.12.1995 and companymitted rape upon her repeatedly. On 28.12.1995, at about 5.00 a.m., when the prosecutrix PW 3 came out of her house to attend the call of nature, Shimbhu A 1 and Balu Ram A 2 the appellants herein, met her and asked her to accompany them to their shop. Brief facts The case relates to the gang rape of the victim in village Nangal Durgu, Haryana. After investigation, the case was companymitted to the Court of the Additional Sessions Judge, Narnaul which was numbered as Sessions Case No. The Division Bench of the High Court, by a companymon order dated 22.02.2011, dismissed the appeals and companyfirmed the order of companyviction and sentence dated 30/31.03.1998 passed by the Additional Sessions Judge, Narnaul. RT 9 of 28.08.1997/11.03.1996 and Sessions Trial No. On 30.12.1995, the prosecutrix, accompanied by her father Luxmi Narain Sharma PW 4 , went to the Police Station Nangal Chaudhary and lodged a First Information Report FIR being No. Being aggrieved of the order of companyviction and sentence, the appellants herein preferred Criminal Appeal Nos. It was only on 29.12.1995, she was allowed to leave the said place when the appellants accused learnt that her family members were on her look out. Heard Mr. Rishi Malhotra, learned companynsel for the appellants accused herein and Mr. Brijender Chahar, learned senior companynsel for the respondent State. 4 of 28.08.1997/25.03.1996. In the light of the limited relief prayed, there is numberneed to go into the aspects relating to companyviction and sentence. Sathasivam,CJI. 195 dated 30.12.1995 under Sections 376 2 g , 366, 342, 363, 506 read with Section 34 of the Indian Penal Code, 1860 in short IPC . When she tried to resist their attempt, they threatened her by pointing out a knife with dire companysequences. During the pendency of the above appeals, the appellants accused placed on record an affidavit dated 24.12.2011 signed by the victim. In other words, the only question to be companysidered in these appeals is whether the appellants accused have made out a case for imposition of a lesser sentence than ten years? When she reached her house, she narrated the entire incident to her family members. These appeals are directed against the final judgment and order dated 22.02.2011 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal Nos. Being aggrieved of the above, the appellants herein have preferred these appeals by way of special leave before this Court. Leave granted.
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2013_444.txt
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before the income tax officer it was companytended on behalf of the assessee that as the arrear dividends pertained to the years 1936 to 1945 the arrear dividend received by the assessee was number in the nature of income liable to income tax as. the income tax officer rejected the companytention of the assessee and treated the amount of arrear dividend as the business income of the assessee liable to tax. when the assessee purchased the said shares a large amount of dividends was in arrear as the previous owners had number claimed the dividends declared between 1936 and 1945 although a large part of the dividends on the said shares in respect of the years 1945 to 1954 had been companylected by the previous owners of the said shares. he however held that the amount companyld number be regarded as dividend as the assessee was number the registered shareholder in the years for which the arrear dividends were declared. a letter addressed by beharilal nathani to the assessee bearing the date september 30 1954 goes to show that the shares had been sold with arrear dividends. it is admitted that the dividends which had been declared between the years 1936 and 1945 and were received by the assessee during the accounting period amounted to rs. the value of the shares which represented the stock in trade of the assessee remained the same both in the opening and the closing stocks. on september 30 1954 the assessee purchased 11900 shares of kedarnath jute manufacturing company limited in two. 9 4 0 per share from one beharilal nathani share broker for a total companysideration of rs. the assessee first credited this sum to the profit and loss appropriation account and thereafter transferred the same to a reserve fund in the accounting year ending september 30 1955.
no adjustment was made in the share purchase account on account of the receipt of dividend. the appeal relates to the assessment year 1956 57 for which the previous year is the year ending september 30 1955.
the business of the assessee was to deal with shares and securities. 9 8 0 per share and the other at rs. the assessee brought a second appeal to the appellate tribunal but the appeal was dismissed. 112575/ . 43925/ . the judgment of the companyrt was delivered by ramaswami j. the respondent is a private limited company hereinafter referred to as the assessee . civil appellate jurisdictioncivil appeal number 2115 of 1968.
supcl/69 5 appeal from the judgment and order dated january 6 1965 of the calcutta high companyrt in income tax reference number 145 of 1961.
sen s. a. l. narayana rao r.n. mitra and p.k. sachthey and b.d. it was merely a realisation of capital. lots one at the rate of rs. mukherjee for the respondent. sharma for the appellant.
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test
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1969_79.txt
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The charges against Rabi Murmu, Kamal Murmu, Lakhiram Murmu were framed under section 302/34 I.P.C. The informant and his wife W.1 rushed to the house of the accused Rabi Murmu and found Chunaram being assaulted severely by Rabi Murmu and the two appellants Kamal Murmu and Lakhiram Murmu. husband of PW1 heard the alarm of Chunaram Murmu, the brother of Makur Murmu companying from the direction of the house of the accused Rabi Murmu. The deceased Chunaram Murmu was the brother of one Makur Murmu, husband of PW1. Thee is numberappeal by Rabi Murmu and Shrimati Padmarani Murmu to this Court from the judgment of the High Court. In the Sessions Court there were in all four accused, namely, Rabi Murmu, the two appellants and Padmarani Murmu, the mother of Rabi Murmu. The house of Kamal Murmu and Lakhiram Murmu who are sons of one Nandlal is stated to be near the house of the informant Makur Murmu separated by a drain Nala . Appeal is preferred only by kamal Murumu and Lakhiram Murmu. The above said three accused and Shrimati Padmarani Murmu, the mother of Rabi Murmu were also companyvicted under section 201/34 I.P.C. while charge against accused Padmarani Murmu was only under section 201/34 I.P.C. Rabi Murmu is accused No.1 and his mother Shrimati Padmarani Murmu is accused No.4 Rab Murmus house is said to be adjacent to the house of deceased Chunaram and the house of Chunaram and the house of informant Makur Murmu is one bigha away from the house of deceased Chunaram. Though she did number see the actual assault of Chunaram, she stated that she saw the three appellants namely Rabi Murmu, Kamal Murmu and Lakhiram Murmu tying up the body of Chunaram to a log with some ropes. On appeal by the appellants as well as Rabi Murmu and Shrimati Padmarani Murmu, the judgment of the Sessions Court was affirmed by the High Court. The learned Sessions Judge on a companysideration of the evidence came to the companyclusion that the evidence of PWs 1 to 3 was sufficient to hold Rabi Murmu, Kamal Murmu and Lakhiram Murmu guilty of the offence of murder of Chunaram. He added that when she and her husband had gone earlier to the house of Rabi Murmu, she found Rabis mother Padmarani Murmu wiping out blood stains from the ground with a piece of wt cloth. All the three accused persons threatened P.W.1 and Makur Murmu number to shout. The informant and P.W.1 found Rabi Murmu and the appellants trying Chunarams body with a rope to a wooden log. Inasmuch as the informant Makur Murmu died, his wife gave evidence as PW1. Thereafter these witnesses went in a group to the house of the accused Rabi Murmu but they did number find the dead body. Initially Rabi and his mother Padmarani were arrested. The High Court also inferred from the evidence of PW2 that the deceased must have been brought to the house of Rabi Murmu either by force or by deceitful means at that unearthly house and this must have been preplanned by all the three accused, Rabi Murmu and the two appellants. The High Court then referred to the cross examination of PW1 and observed that she admitted that fact in her statement before PW6, the investigating officer, she had number disclosed that she found Kamal Murmu and Lakhiram Murmu tying up the body of Chunaram with a rope. The further case of the prosecution was that the accused Rabi Murmu made a further companyfessional statement to PW6 leading to the recovery of a spade and rope from the water of the Dumuria canal. The learned Sessions Judge also came to the companyclusion that the above three accused and Rabis mother Padmarani Murmu were guilty under section 201/34 I.P.C. The prosecution case was that on 23/24 2 1983 at about 1 A.M. the informant Makur Murmu who has since died i.e. This is an appeal by two of the accused Kamal Murum and Lakhiram Murmu, against the judgment of the High Court of Calcutta in Criminal appeal No.372 of 1986 dated 16.9.1987. It appeared to them that Chunaram was lying dead. In late hours during the night the informant and his wife informed the villagers and some of their relatives including, Rabi Murmu PW5 , Rajuram, Sirupati PW2 , Manik Ghosh PW3 about the incident. The accused also refused to hand over the body of the deceased Chunaram. They saw accused mother Shrimati Padmarani wiping out some blood stains from the companyrtyard. Thereafter the accused persons told the informant that they were going to throw away the body of Chunaram. The High Court further inferred from the evidence of PW2 that the dead body was recovered from a place two miles away and it companyld number have been carried to such a long distance suspended to a wooden pole unless Rubi Murmu had the help of the two appellants. The Sessions Court companyvicted Rabi Murumu, and the two appellants under section 302/34 I.P.C. It is the prosecution case the Rabi made a companyfessional statement before the investigating officer leading to the recovery of the deadbody from the jungle of Chamtubundh. and also under section 201/34 I.P.C. She and her husband then came back to their house. At that time one Sukhlal who is relative of the accused came to their house and prevented them from going out. When she and her husband enquired about the incident, the accused threatened her and her husband and directed them number to shout. At dawn after Sukhlal left, PW1s husband went to report the incident to the neighbours. The accused persons pleaded number guilty. All the four accused filed appeal before the High Court of Calcutta. Kurdukar Honble Mr. Justice M. Jagannadha Rao Uma Datta, Adv. The investigating officer PW6 held inquest on the dead body and sent it for post mortem to PW7. Punchhi Honble Mr. Justice S.P. After companypletion of the investigation, the police filed chargesheet against the four accused. Present Honble Mr. Justice M.M. for M s. Sinha Das, Advs. for the appellants K. Das, Adv. These witnesses then went to the police station and lodged an FIR. Thereafter, he came back alongwith some of the neighbours and went to the police station to lodge the First Information Report. It was on the above basis that the High Curt affirmed the companyviction and sentence of these two appellants. The High Court examined he evidence in greater detail. for the Respondent J U D G M E N T The following Judgment of the Court was delivered JAGANNADHA RAO, J. In their statements recorded under Section 313 Cr. Police took companynizance of the offence and started investigation. The sentences were directed to run companycurrently. and each of them was sentenced to one year simple imprisonment. and awarded life imprisonment. they did number companye forward with any specific defence. P.C.
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1997_959.txt
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The lecturers in degree companyleges assailed the validity of the said D. O. by approaching the public service tribunal. Government then issued a D. O. stating therein that the lecturers in postgraduate companyleges selected prior to 5th June, 1972 must be held to be senior to all the lecturers appointed in degree companyleges prior to that date irrespective of their length of service. The State Government decided to merge the two cadres by order dated 4th September, 1973, and in the said merger order, it was stated that the lecturers of Government degree and postgraduate companyleges shall be deemed to have been amalgamated into one cadre with effect from 5th June, 1972. It did number indicate as to how the seniority inter se shall be determined. Higher Education Service Rules, 1985 to be ultra vires, the State has companye up in these appeals. These two appeals arc directed against the judgment of Allahabad Bench as well as the judgment of Allahabad High Court, Lucknow Bench. By the impugned judgment, the High Court having held Rule 20 1 c of the U.P.
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2001_670.txt
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An order passed by the Commission is final and binding and can only be questioned before the High Court or the Supreme Court in exercise of the Courts jurisdiction under Article 226 and or Article 32 of the Constitution, respectively.
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2012_690.txt
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It also provided for the appellant to pay the respondent a further sum of Rs.6.25 crores within 60 days of the execution of the MoU by way of signature bonus apart from providing a bank guarantee to the value of Rs.10 crores for the due observance for the joint venture by the appellant under the various terms and companyditions of the MoU within 30 days of the signing of the MoU. MoU also stipulated certain other companyditions by which the appellant was obligated upon to reimburse to the respondent, within 60 days of the signing of the MoU, an amount of Rs.3.94 crores being the direct expenses incurred by the respondent on its Alumina Project and related matter. Short facts which are required to be numbered are that the appellant and the respondent entered into a Memorandum of Understanding MoU on 17.08.2007. from the date of MoU to the date of filing of the application, the appellant approached the High Court by filing an application under Section 11 of the Act and sought for appointment of an Arbitrator. Subsequently, the appellant caused a legal numberice dated 07.12.2012 to the respondent, wherein it was claimed that its attempt to amicably resolve the dispute as provided under Clause 26 of the MoU failed and, therefore, it decided to invoke Clause 27 of the MoU to appoint an Arbitrator and suggested the name of a retired High Court Judge for appointment with the companycurrence of the respondent or else the appellants decision to invoke Section 11 of the Act. Clause 12 of the MoU specifically provided that the rights and privileges were number transferable for a period of five years and the appellant should number exit the project joint venture for a period of five years after the companymencement of companymercial production. Under the said MoU, the appellant proposed to companystitute a joint venture along with Chinese Company, namely, M s Qing TongXia Aluminium Group Co. Ltd. Ningxia of China hereinafter referred to as QTX as well as the respondent for setting up an alumina plant of appropriate capacity in the Kutch District of Gujarat. 9/2013 dated 27.9.13/04.10.2013. In response to the said letter dated 25.04.2011, the appellant wrote a detailed reply on 11.07.2011 wherein the appellant expressed its desire to amicably resolve the dispute and requested the respondent to make an attempt for an amicable settlement as regards the issues and alleged breaches mentioned in the respondents letter dated 25.04.2011. On behalf of the respondent, a reply was addressed to the appellant on 04.01.2013 stating that there was numberfault whatsoever on its side and, therefore, there was numberquestion of any obligation to be fulfilled on its side and it also expressed its decision number to companycur for the appointment of the Arbitrator. Fakkir Mohamed Ibrahim Kalifulla, J. It is number in dispute that within the stipulated time limit the appellant gave its cheque for the said sum but the respondent did number encash the same. By the impugned judgment, the learned Single Judge of the High Court dismissed the appellants application filed under Section 11 of the Arbitration and Conciliation Act, 1996 hereinafter referred to Act . By the impugned order, the High Court having rejected the appellants application, the appellant has companye forward with this appeal. This appeal is directed against the judgment of the High Court of Judicature of Gujarat at Ahmedabad in Arbitration Petition No. It was in the above stated sequence of events i.e. Leave granted.
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2015_198.txt
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Election Petition No. There is numberaverment in the election petition that the numberination form for numberination of petitioner No 1 was subscribed by fifty electors as proposers and fifty electors as seconders as required by Section 5B 1 a , as amended by the Ordinance. 2 it has been asserted in the Election petition that his numberination paper was signed by 64 proposers and 61 seconders. 1 did number have fifty proposers and fifty seconders. 1 has stated that his numberination paper was proposed by seven electors and that fifty proposers and fifty seconders were number required. During the pendency of the election petition the Ordinance was replaced by the Amendment Act. The petitioners have filed an application for amendment of the election petition to substitute the Ordinance by the Amendment Act at pages 5 and 40 of the election petition. On August 14,1997 the petitioners filed this election petition wherein they have prayed that the election of respondent No. In response to the numberice issued on the Election petition an Affidavit in Opposition to the Election petition has been filed by respondent No. It is also stated that the numberination of petitioner No. In the said Rejoinder affidavit the averments in the Affidavit in Opposition that the numberination paper of petitioner No.1 was subscribed by 35 electors as proposers and 33 electors as seconders and that the numberination paper of petitioner No.2 was number accompanied by the certified companyy of the electoral roll have number been companytroverted. In the said Affidavit in Opposition a preliminary objection has been raised with regard to the maintainability of the Election petition by the petitioners on the ground that the petitioners were number candidates at the election and they are number entitled to maintain the Election petition under Section 14A of the Act. They have claimed that their numberination was improperly rejected and the numberination of respondent Nos. Rejoinder affidavit of petitioner No. As regards t he numberination paper of petitioner No.2 it is stated in the Affidavit in Opposition that in the numberination paper names of 64 proposers had been mentioner but 29 out of them had number subscribed their signatures at all and, therefore, the number of proposers was 35 only. The application is allowed and the petitioners are permitted to carry out the said amendment in the election petition. 1 to the Returning Officer which has been filed as Annexure III to the Election petition, petitioner No. In the said Affidavit in Opposition reply has also been given to the averments companytained in the Election petition on merits and it is denied that the numberination paper of respondent No. The petitioners have asserted that they were duly numberinated candidates and are companypetent to file the election petition. As regards petitioner No. 293 of 1997 filed by petitioner No. 1 had claimed that he had seven proposers and did number claim any seconders at all and it is submitted that the said letter shows that petitioner No. The petitioners have challenged the validity of the provisions companytained in Sections 5B and 5C of the Act as they stood prior to the amendments introduced in the said provisions by the ordinance and have challenged the validity of the amendments made in Section 5B and 5C by the Ordinance. After the enactment of the Amendment Act, petitioner No. 1 dated June 24, 1997 addressed to the Returning Officer Annexure III to the Election petition wherein petitioner No. The Ordinance was replaced by the Presidential and Vice Presidential Election Amendment Act, 1997 Act 35 of 1997, hereinafter referred to as the Amendment Act, which was enacted by parliament on August 29, 1997. This election petition has been filed jointly by two petitioners, namely, Charan Lal Sahu and Mitheles Kumar. In response to the said numberification numberination forms were filed by a number of persons including the petitioners. Charan Lal Sahu, Petitioner No. similarly, there were names of 61 seconders but out of them 28 did number sign and, therefore, there were only 33 seconders. After the issuance of the numberification under Section 4 1 of the Act by the Election Commission the Returning Officer published a numberification dated June 9, 1997 under Section 5 of the Act for election of the President of India. 1 has been filed in reply to the said Affidavit in Opposition of respondent No. D13334/97 to challenge the validity of the Amendment Act. Reference has been made to the letter of petitioner No. 1 was wrongfully accepted and it is asserted that the certified companyy of the entry in the electoral roll was filed as required under Section 5B 2 of the Act. 2 was rejected on the threshold as it was number accompanied by the certified companyy of the electoral roll as required under Section 5B 2 of the Act. 1 and 2 were accepted and the numberinations of the rest, including the petitioners, were rejected by the Returning officer. By the Ordinance, Section 5C was also amended and for the words two thousand five hundred rupees the words fifteen thousand rupees were substituted and as a result the amount o be deposited as security was raised from two thousand five hundred rupees to fifteen thousand rupees. On the other hand, in the letter dated June 24,1997 addressed by the petitioner No. Parmar. 322 of 1997 filed by Shri P.H. 1 again filed a writ petition No. 1 and P.No. 1 and 2 was improperly accepted. 1, filed a writ petition No. 1 was declared to have been elected to the office of the president of India on July 17, 1997. 1 of 1997 Delivered By C.AGRAWAL, J. C. AGRAWAL, J. As regards challenge to the validity o the ordinance, reliance has been placed on the Orders of this Court dismissing P. Civil No. 322/97 was filed by one H. Parmar. The numberinations of respondent Nos. 1 be declared void. 1 and 2, poll was taken and after companynting of votes, respondent No. The said writ petition was also dismissed by the Court by the following order passed on October 13,1997 This writ petition is wholly misconceived. Since there was a companytest between respondents Nos.
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1997_1531.txt
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Thereafter Mahinder Singh fired another shot from his gun. Mahinder fired from his .12 bore double barrel gun and the shot hit Ram Chander. Ram Mehar. At that time Paramjit fired two shots from his gun. Appeal No.882/99 armed with a double barrel gun belonging to his father , persons by names Nafe Singh, Molar, Randhir, Ram Singh son of one Jailu , Arjun Singh, Rajinder and one Raj Kumar armed with lathis, Lachhman Singh, Bhalle Ram, Ram Singh son of one Harbans armed with jailies, Jaswant Singh armed with a gandasi and Mahinder Singh the Appellant in Crl. The Report and evidence proved that the fired cartridge case had been fired from these two guns and that the pellets recovered from the dead body of Ram Chander and the person of Balkar Singh were Shot Gun Pellets, which companyld have been fired from these guns. On 31st August, 1993, Mahiya, Nafe Singh and Ram Singh son of Harbans were arrested. On 18th September, 1993, Arjun Singh, Bhalle Ram, Raj Kumar and Lachhman were arrested. Paramjit Singh Appellant in Crl. Dr. L.A. Kumar, the Deputy Director of the Laboratory, the gun recovered from Paramjit singh was in a broken companydiiton but companyld be made serviceable after repairs and the gun recovered from Mahinder Singh was serviceable. Pursuant to a disclosure statement made by him, a double barrel gun along with two fired cartridge cases still in the gun barrel was recovered. A .12 bore double barrel gun was recovered on the basis of a disclosure statement made by him. A lathi each was recovered as per the disclosure statements made by Arjun Singh and Raj Kumar. A jaili each was recovered as per the disclosure statements made by Bhalle Ram and Lachhman. Appeal No.883/99 armed with a double barrel gun came there. In respect of Sanjay, Randhir, Ram Singh son of Jailu , Nafe Singh, Rajinder Singh, Mahiya, Arjun, Lachhman and Molar, the High Court upheld their companyviction under Section 323 I.P.C. He recorded the statements of various witnesses and then arrested Ram Singh son of Jailu , Jaswant Singh, Randhir, Rajinder and Sanjay. In the fight which took place Raj Pal and Ram Mehar caught hold of the gun of the Appellant herein and broke it into pieces. It is the case of the prosecution that thereafter at 7 a.m. on 21st of August, 1993 while Raj Pal along with Fateh Singh, Ram Mehar and Ram Chander was sitting on a company, spread outside the house of Ram Mehar, Paramjit the Appellant in Crl. He admitted that his gun was broken to pieces. It is the case of the prosecution that Jaswant Singh then gave a gandasi blow on the left arm of Raj Pal, and Molar gave a lathi blow on head, left arm and numbere of Raj Pal. Molar was arrested on 10th October, 1993. In respect of Mahinder and Paramjit, the High Court held that it proved beyond a reasonable doubt that these two persons had fired the guns and that this had resulted in the death of Ram Chander. On the other hand Paramjit Singh admitted the incidents but claimed that it was the group of Ram Mehar who were causing injuries to Molar and others and that he merely intervened to save those persons. On 21st of August, 1993, there was again an exchange of word between family members of Raj Pal and the son of one of the accused by name Mahiya. On 30th August, 1993, Mahinder Appellant in Crl. The guns and the cartridges were sent to the Forensic Science Laboratory at Madhuban. A lathi was recovered as per the disclosure statement made by him. Subhash then companyplained to Ex Sarpanch of the village, who in turn companyplained to the father of the Raj Pal, one Bhalle Ram that his son should number behave in this manner. During this exchange the family members of Raj Pal taunted the said Mahiya that they only give empty threats and did number carry them out. He claimed that he fired the shots to save himself and his companypanions. The shots hit one Balkar, Om Pati and Ram Chander on various parts of their bodies. As per their disclosure statements the weapons used by them were recovered. On 20th August, 1993 there was again a heated exchange between members of the family of these two persons and there was threat, by one Arjun Singh from the group of the Appellants that they would companye with lathis. In their statement under Section 313 of the Code of Criminal Procedure Code, Mahinder Singh denied that he was present at the spot and claimed that because of his good relations with the family of Molar he had been falsely implicated. 882/99 was arrested on 28th September, 1993. On 19th August, 1993, as the said Subhash was returning from the fields, carrying a bundle of jowar, Raj Pal with two other persons intercepted him and gave him a beating. Mahinder and Paramjit were also companyvicted for offences punishable under Section 27 of the Arms Act, 1959. Briefly stated the facts are as follows The case of the prosecution is that on the evening of 18th August, 1993, one Subhash and one Raj Pal, both residents of village Babail had a quarrel. Sub Inspector Badan Singh, who was the SHO of Police Station Sadar Panipat, took up the investigation from ASI Bhagat Singh. 883/99 was arrested. Initially PW18, Sub Inspector Bhagat Singh recorded a report in the daily diary register and recorded the statement of PW 10 i.e. He then made his way to village Babail and examined the place of the occurrence and lifted blood stained earth from two places and an empty shell of a .12 bore cartridge from the place of occurrence. All the above named persons, who were arrested, were companymitted to the Sessions Court. In default of payment of fine, they were to undergo rigorous imprisonment for six months. The fine was enhanced to Rs.1000/ and in default thereof he was to undergo further RI for 3 months. All the Accused were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.500/ each. Some injuries were also caused to some of the accused. The fine was increased to Rs.1000/ each and in default of payment thereof each was directed to undergo further RI for three months. On hearing the shot certain other people came out from the house. The Sessions Judge companysidered the evidence in detail and companyvicted all the Accused for offences under Section 148 of the Indian Penal Code as well as Sections 302, 307, 326, 325, 324, 323 read with Section 149 of the Indian Penal Code. According to the report given by the Laboratory and supported by the evidence of PW 5, i.e. The accused then ran away from the scene carrying their weapons. The defence also examined three witnesses, who were doctors to show that some of the Accused had also received injuries. It is the case of the prosecution that several other injuries were caused to the other members of the companyplainant party. By the impugned Judgment dated 11th September, 1997, the High Court came to the companyclusion that the incident was in the nature of a free fight and that each of the accused was only liable for their individual act. The prosecution examined 18 witnesses. LITTTTTTJ N. VARIAVA, J. All the Accused filed Criminal Appeal No. Both the Appeals are filed against a Judgment dated 11th September, 1997 of the Punjab Haryana High Court. Thereafter PW 16 i.e. The FIR in this respect was registered at 10.55 a.m. on the same day. but sentenced them to period of imprisonment already undergone. 66 DB of 1996 in the High Court of Punjab Haryana. As they pleaded number guilty, they were brought to trial. Appeal No. These two Criminal Appeals can be disposed of by this companymon Judgment.
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2000_1208.txt
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The petitioner claims to be the Mathadhipathi of Shri Swami Hathiramji Math Tripathi Thirumalla in the State of Andhra Pradesh. 46 and 47 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966 Act No. The Assistant Commissioner Endowments Department has been directed to attend to the day today administration of the Math temporarily and its Endowments until the disposal of the inquiry. On March 24, 1962 the Commissioner took charge of the Math and its properties under s. 53 of the Andhra Pradesh Andhra Areas Hindu Religious Charitable Endowments Act, 1951, Act No. It was further directed that the Assistant Commissioner, Tirupathi should take charge of the Math and its affairs. Hundreds of Sadhus visit the Math throughout the year and it is the duty of the Mahant as its religious head to provide the visiting Sadhus with food and shelter and to perform all religion duties With regard to the celebration of Hindu festivals, propagation of the cult of Shri Swami Hathiramji and performance of other religious functions. The petitioner was placed under suspension with immediate effect. Devendradoss then filed certain suits for a declaration of his title. 17 of 1966 , hereinafter called the Act and for issuance of a writ in the nature of mandamus or other appropriate writs and directions to the Commissioner of Hindu Religious and Charitable Endowments, hereinafter called the Commissioner , prohibiting him from exercising his powers or taking action under the aforesaid sections. It is alleged that Mahant Chettandoss, the previous incumbent died on March 18, 1962. On May 30, 1967 the petitioner filed a petition under Art. It is stated that this institution was founded several centuries ago and is one of the renowned Maths in India. Before this order was made the petitioner withdrew the suit filed by him in April 1962. Petition under Art. It appointed the petitioner as the interim Mahant subject to certain companyditions which need number be mentioned. This is a petition under Art. On companying to know that certain orders were going to be passed against the petitioner whereby charges on various matters were to be preferred and an inquiry made and that the suspension of the petitioner from Mahantship was going to be ordered, the present petition was filed under Art. The petitioner filed a suit on March 26, 1962 in the companyrt of the Subordinate Judge, Chittoor for a declaration that he was the rightful successor. The matter ulti mately came up in appeal to this Court, the judgment being reported in Secretary, Home Endowments , Andhra Pradesh V. Digyadarsam Rajindra Ram Dasjee 1 . The writ petition which had been filed by the petitioner was allowed by the High Court on November 8, 1966. The Commissioner was impleaded as a party to the suit. In the order which was made by the Government on November 18, 1968, as many as 14 charges have been preferred against the petitioner and his suspension has been duly ordered. On August 22, 1964, the Commissioner made an order directing the petitioner to show cause why the previous order appointing him as an interim p Mahant be number recalled. This order was challenged by the petitioner by means of a writ petition in the High Court. On September 9, 1965 the State Government framed charges against the petitioner and directed him to furnish his explanation. Devendradoss, who was another claimant but who was a minor, filed a writ petition in the High Court challenging the above order of the Government but the same was rejected by the division Bench. Meanwhile another claimant Bhagwantdoss filed a suit on September 29, 1965, claiming title to the gaddi in his own right. The Government disposed of the revisional application on June 5, 1962. He also filed a revisional application under s. 92 of the repealed Act to the State Government. 19 of 1951, hereinafter referred to as the Repealed Act. The Act received the assent of the President on December 6, 1966 and was enforced with effect from January 27, 1967. The High Court is issued a stay order which was later on clarified to mean that the State Government was free to take such further action under the Act as it companysi dered necessary. 32 of the Constitu tion challenging, inter alia, the companystitutionality of ss. 347 of 1968. In this petition, apart from challenging the provisions of the Act a case of mala fide action has been sought to be made out against the respondent. Sup CI/69 8 Court was affirmed. That petition was dismissed in limine as premature. ORIGINAL JURISDICTION Writ Petition No. 891. 226 of the Constitution in the High Court for declaring the present impunged provisions of the Act as ultra vires. The judgment of the High 1967 3 S.C.R. The Judgment of the Court was delivered by Grover, J. An appeal to the Letters Patent bench failed.
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1969_368.txt
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The respondent No.7 by the aforesaid sale deed purchased 5 kathas of land of survey plot No. 610 and 6 kathas 10 dhurs of land of survey plot No. That application was dismissed by the Deputy Collector, Land Reforms, on the ground that the lands which had been transferred shall number be deemed to be the lands within the meaning of the Act, as such the provisions thereof shall number be applicable. An application under sub section 3 of Section 16 of the Act was filed on behalf of the appellants before the Deputy Collector, Land Reforms, for a direction that respondent No.7, the transferee be directed to companyvey the lands purchased by him by executing and registering a deed of transfer in favour of the appellants in terms of the said sub section 3 of Section 16. 5 in favour of respondent No.7 through the registered sale deed dated 30.12.1969. 4,600/ . The purchase had been made for companystruction of house in Mohalla Sahjadpur Aderkila within the town of Hajipur. This appeal has been filed for setting aside the judgment of the High Court, dismissing the application under Section 16 3 of the Bihar Land Reforms Fixation of Ceiling Area and Acquisition of Surplus Land Act, 1961 hereinafter referred to as the Act filed on behalf of the appellants, claiming retransfer of the lands which had been transferred by respondent No. The Member, Board of Revenue, dismissed the Revision Application, filed on behalf of Respondent No. 614 from respondent No. 7, for quashing the orders passed by the Collector and the Member, Board of Revenue before to the High Court. However, an appeal being filed on behalf of the appellants, was allowed by the companylector. Thereafter, a writ petition was filed on behalf of Respondent No. 5 for a companysideration amount of Rs.
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1996_1140.txt
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The author as holder of 300 shares out of the capital of Simbhaoli Sugar Mills Ltd. divesting himself of all proprietary rights in the said shares. Amritsar that the dividend received by the trustees in respect of 300 shares of the Simbhaoli Sugar Mills was the income of the Trust and that he had numberconcern with that income as he had divested himself irrevocably of the ownership of the shares and that in any event Rs. On April 14, 1953 the respondent executed a deed of trust in respect of 300 out of the shares of the Simbhaoli Sugar Mills which fell of to his share. 19,856/ paid as interest to B. Seth Jessa Ram Fateh Chand against the dividend income of the aforesaid 300 shares? After debts are discharged the trustees shall spend the income of the trust property. And after his debts are paid off. AND WHEREAS on partition, the author was allotted amongst other properties, four hundred shares of the Simbhaoli Sugar Mills Ltd., and fixed with liability for discharge of certain debts of the Joint Hindu Family AND WHEREAS for discharge of the debts detailed in the schedule appearing hereafter, the author number as absolute owner of the said shares has decided to settle on trust three hundred shares numbering 1 to 300 both inclusive, out of the said shares for the benefit of his creditors and other beneficiaries named hereafter and for the objects mentioned hereafter. At the instance of the respondent the Tribunal drew up a statement of the case and referred the following questions to the High Court at Chandigarh Whether the dividend income of 300 shares of the Simbhaoli Sugar Mills, Private Ltd. transferred by the assessee to S. Raghbir Singh Trust was the income of the assessee liable to tax? 19,856/ being the amount due as interest to R. B. Seth Jessa Ram Fateh Chand should be allowed as a permissible deduction in companyputing the net income from dividend of the shares. The Appellate Assistant Commissioner held that the respondent had number irrevocably transferred the 300 shares of the Simbhaoli Sugar Mills and therefore by virtue of s. 16 1 c proviso one the respondent companyld number escape liability to pay tax on the dividend from the share. Seth Jessa Ram Fateh Chand of Delhi. hereby declares that the said shares shall from this day be irrevocably held on Trust by the Trustees to be used by them for all or any of the purposes following, that is to say To pay off the debts as detailed in Schedule A attached hereto These debts were incurred for the benefit of the Joint Hindu Family of the author and on disruption of the Joint Hindu Family and partition of properties among its members, made payable by the author. remaining in their hands after full discharge of the debts, on the maintenance of the children and grand children of the author and the remaining 20 on all or any of the other objects of the trust as the Trustees may think best. On April 10, 1953 the estate of the joint Hindu family of which the respondent was a member was partitioned, and the respondent was allotted, besides other properties, 400shares of the Simbhaoli Sugar Mills Private Ltd., and was made liable to pay a business debt amounting to Rs. the Commissioner of Income tax has appealed to this Court. The respondent appealed to the Income tax Appellate Tribunal. The Income tax Officer rejected the companytentions of the respondent, holding that the Trust was a fictitious transaction. iii The respondent claimed before the Income tax Officer, Eward. of the shares within a period of ten years they shall be entitled to sell the same or part of it and thus pay off the debts that may be due at that time. The following are the material provisions of the deed of trust. 3,91,875/ due by the family to R.B. Deva Singh Randhawa and Harbans Singh, for the respondent. Whether the assessee was entitled to claim deduction of Rs. Appeals by special leave from the judgments and orders dated September 22, 1960, and December 6, 1960 of the Punjab High Court in Income tax References Nos. V. Gupte, Solicitor General, R. Ganapathy Iyer and N. Sachthey, for the appellant. 96 to 98 of 1964. The High Court answered the first question in the negative and declined to answer the second question. 19 of 1958 and 6 of 1959 respectively. but without success. The Judgment of the Court was delivered by Shah, J. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. With special leave.
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1965_240.txt
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The District Administrator of Baarmer in Rajasthan was in need of a certain number of tents and their accessories and at his request 170 bundles of tents and their accessories were despatched by Chief Commandant, Mana Shivir Raipur Madhya Pradesh to the Collector, Barmer through the Indian Railways under R.R. No intimation was received about the arrival of the companysignment at Barmer till August 6,1972. 423978 dated February 17, 1972 to be delivered at Barmer. On hearing that the companysignment had reached Barmer on August 6, 1972, the Additional Collector and the District Rehabilitation Officer went to Barmer on August 6, 1972 for taking delivery but it was found that the packings of the goods had been seriously damaged and as a companysequence thereof the tents as well as the accessories had become unfit for use. Since the claim of the companysignee was number settled by the Railway Administration, after issuing necessary numberice to the General Manager, Northern Railway, New Delhi, a suit was filed by the State of Rajasthan through the District Rehabilitation Officer Barmer claiming damages amounting to Rs. The 6th issue framed in the suit related to the companypetence of the District Court to entertain the said suit. The precise question which arises for companysideration in this petition is whether a suit filed by the State of Rajasthan against the Union of India for recovery of companypensation for loss on account of the damage caused to the goods despatched through the Indian Railways in a civil companyrt at Rajasthan is maintainable or whether it should be filed in this Court under Article 131 of the Constitution. The suit was companytested by the Union of India and the Railway Administration on various grounds and one of them was that the suit was number maintainable in the District Court in view of Article 131 of the Constitution which according to them companyferred exclusive jurisdiction on the Supreme Court to decide all disputes arising between a State and the Union. 1, 57,825.80 against the Union of India in the Court of the District Judge, Balotra on July 23,1977. Against the order of the District Judge a revision petition was filed before the High Court of Rajasthan and that petition came to be dismissed on September 2,1981. The above issue was heard as a preliminary issue and the District Judge held by his order dated April 16, 1981 that he had jurisdiction to try the suit. Since the question was of importance and that every suit instituted by any State Government against the Railway Administration may give rise to a similar issue, we propose to dispose of this Special Leave Petition with our reasons. 273 of 1981 G. Bhagat, Addl. From the Judgment and Order dated the 2nd September 1981 of the Rajasthan High Court in Civil Revision Petition No. Sol General, Miss A. Subhashini and Vijay Panjwani for the Petitioners. After the case was heard for some time, the learned Additional Solicitor General very fairly stated that the suit companyld be allowed to be proceeded with before the District Court. 15,000 was fetched in the auction. The goods were auctioned and a sum of Rs. The delivery was number, therefore, taken and a request was made for assessing the damages. 284 of 1982. This petition for Special Leave is preferred under Article 136 of the Constitution against the order of the High Court. CIVIL APPELLATE JURISDICTION Special Leave Petition Civil No. The Judgment of the Court was delivered by VENKATARAMIAH, J. The facts of the case are these. No.
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1984_340.txt
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1344 of 2006, titled as Neeraj Gupta vs. Smt. Shalini Gupta, pending before the Court of Family Judge at Bangalore, to be transferred to a Court of companypetent jurisdiction at Chandigarh. Let the records of the case be transferred to the Court of District Judge, Chandigarh, who shall assign the same to a Court of companypetent jurisdiction. The transferee Court shall issue numberice to the parties after fixing a date of hearing. Despite service of numberice, numberody appears for the respondent.
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2009_1989.txt
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In the suit for redemption instituted by the appellant redemption was sought on payment of Rs.18,000/ . Firstly, the plaintiff the appellant herein is given a preliminary decree for redemption of the property on deposit of the mortgage amount. On November 22,1960 the trial companyrt passed a preliminary decree in the following terms In the result, the plaintiff is given a preliminary decree for redemption of the plaint property on deposit of the mortgage amount and value of improvements , if any, that may be fixed in the final decree. The mortgage money was Rs.18,000/ . The plaintiff is allowed to recover mesne profits at the of Rs.200/ per mensem from the date of deposit of the redemption price. On that basis it was claimed that since the decree had number determined the final amount payable as in terms of Order 34 Rule 7 the decree companyld number be called a preliminary decree at all and was rather a decision preperatory to a preliminary decree. Therefore there was numberbar for the Court to pass another preliminary decree. The appellant claimed that the preliminary decree was deficient in as much as numbertime had been fixed for the appellant depositing the redemption money and that in the nature of things incomplete since the extent of the claim of the mortgageerespondent relating to improvements had yet to be ascertained. The terms of the decree ex facie are clear. The suit property was under a usufructuary mortgage. Taking shelter under these arguments time Was sought from the Court within which the redemption price companyld be termed as payable. Secondly, on the appellant depositing the redemption price, he would be entitled to recover mense profits at the rate of Rs.200/ per mensem till possession of the mortgaged property was delivered to him. The parties will bear their companyts The said decree was companyfirmed in appeal on 16.11.1965. It was claimed that the decree of the trial companyrt has merged therein and therefore the limitation for all purposes started from the date of the appellate companyrts order. First defendant will apply for the issue of a companymission to assess the value of improvements. He will apply within one month from this date. The appellant was the mortgagor thereof. The trial companyrt dismissed the application for ascertainment of time and the High Court companyfirmed that view, which has given rise to this appeal. Its direction above extracted can be divided into three parts.
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1996_1592.txt
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companyrses companyducted by TIET, Patiala were without their approval and approval of the All India Council for Technical Education hereinafter referred to as AICTE . 1510 of 2018 Page 1 of 35 with degrees granted to regular students who have undertaken such companyrses in TIET, Patiala and other recognised universities. UGC is refusing to treat the technical degrees issued by TIET, Patiala under distance learning mode as valid, primarily for the reason that the B.Tech. Distance Education Council hereinafter referred to as DEC vide its letter dated 3rd September, 2007 had granted provisional recognition to TIET, Patiala for offering programmes through distance mode for a period of one year on the basis of which TIET, Patiala had offered B.Tech. There were numberoff campus centres or study centres and all instruction, practicals and examinations were companyducted on the campus of TIET, Patiala using the same faculty and infrastructure as used in the traditional B.Tech. degree companyrse through the distance mode programme on the basis of companypetitive examination companyducted by TIET, Patiala, which is deemed to be a university under Section 3 of the University Grants Commission Act, 1956 hereinafter referred to as UGC Act . This was done by limiting Bharathidasan Universitys supra application to companyrses programmes integrally adjunct companynected to the sanctioned and permitted companyrses and programmes, and number to new and different companyrses programmes like award of B.Tech. 1510 of 2018 Page 2 of 35 undertakes 11 undergraduate companyrses and 23 postgraduate companyrses. 1510 of 2018 Page 3 of 35 India Council for Technical Education and Others,1 have argued that a deemed to be university is number required to seek prior approval of the AICTE to start a department for imparting a companyrse or a programme in technical education. The petitioners highlight that TIET, Patiala, rated as one of the premier engineering universities companyleges by the Ministry of Human Resource Development, Government of India, was set up in 1956 for promoting the study of technical education and has a 250 acre campus located in Patiala with teaching faculty strength of 391, including 301 Ph.D. holders, and Writ Petition Civil No. acquired by them through open and distance learning mode from the Thapar Institute of Engineering and Technology, Patiala, hereinafter referred to as TIET, Patiala are valid, recognised and should be treated at par Signature Not Verified Digitally signed by RACHNA Date 2019.08.29 165219 IST Reason Writ Petition Civil No. Reference was made to paragraph 49 of the judgment of this Court in Orissa Lift Irrigation Corporation Limited v. Rabi Sankar Patro and Others2 hereinafter referred to as Orissa Lift Irrigation Corporation Limited I to assert that TIET, Patiala, being a premier institution authorised to undertake companyrses and issue degrees in the aforesaid technical fields, was number required to take any approval of the AICTE. The petitioners had taken admission in the prestigious deemed to be university verily believing that all approvals were in place. 3697 3698 of 2018 in Jawaharlal Nehru Technological University v. The Chairman and Managing Director, Transmission Corporation of Telangana Limited. The petitioners, 92 in number, in this writ petition under Article 32 of the Constitution of India have prayed for directing the University Grants Commission, hereinafter referred to as UGC to issue a clarification that the degrees of Bachelor of Technology hereinafter referred to as B.Tech. The National Assessment and Accreditation Council, an autonomous body established by the Ministry of Human Resource Development, Government of India, has accredited the said institution deemed to be university Grade A status besides placing the institution in Tier I accreditation. The petitioners, relying on the judgment of this Court in Bharathidasan University and Another v. All Writ Petition Civil No. The petitioners who are diploma holders in Civil Computer Science Electrical Mechanical Engineering and working in the Government of Punjab have stated that they were selected for the Tech. degree in Civil Computer Science Electrical Mechanical Engineering to working professionals who already had a diploma and had at least two years experience in the respective branches in engineering in the academic years 2007 08 and 2008 09. The total strength of students is more than 8000 with nearly 700 research students doing Ph.D. SANJIV KHANNA, J. Reliance was also placed on the order and judgment dated 10th April, 2018 in Civil Appeal Nos. No admissions were made after 29th July, 2009.
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2019_993.txt
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The ballot papers were number shown to the candidate or to their companynting agents at the time of the actual companynting. This failure of the companynting staff had materially affected the result of the election. It was pleaded that the bundling of the ballot papers each with 25 ballots was number done properly and the bundling was done without showing the individual ballot papers to the candidates or their election agents. At the companynting it was announced that the total number of votes polled were 15,288 828 votes were invalid, 5 were tendered votes and the total valid votes polled were 14,455. The election petition was resisted by the appellant who disputed the allegations in the election petition and pleaded that there was numberirregularity in the companynting process and that numberground was made out for interfering with the election. The election petitioner and her companynting agents had taken strong objection to the procedure that was being followed by the four employees engaged in each table for the companynting. It was also companytended that every opportunity was given to the candidates and their companynting agents, to watch the companynting process and to scrutinize the ballot papers while the companynting was going on according to the proper procedure and the election petitioner and her agents, had number raised any objection at the relevant time regarding any of the steps in the process of companynting. Thereafter the ballot papers had to be segregated with reference to each candidate and stacked into bundles companytaining 25 ballot papers each. The companynting was interrupted every half an hour for 10 to 20 minutes and because of such interruptions, there was numberproper or steady companynting of the ballot papers. On 5.3.2002 the companynting took place. While identifying the invalid votes, votes validly cast in favour of the election petitioner were wrongly rejected and votes which were really invalid were accepted as valid in the case of the winning candidate. Elections to the Pune Municipal Corporation were held on 10.02.2002 and 03.03.2002. Since the whole process of companynting was number proper, the election petitioner was entitled to have a declaration that the election of the winning candidate, the appellant before us, was void and his election set aside and for an order directing a fresh scrutiny and recounting of votes. The companyour of ballot paper for Ward No.7 A was white. According to the election petition, the scrutiny and companynting of votes were number according to the procedure laid down in the Municipal Corporations Act and the Rules framed thereunder. Even though the intention was clear from the markings in the ballot papers, some of them were rejected wrongly and most of the votes rejected were cast in favour of the election petitioner. Election to the ward Prabhag 7A Pashan was held on 03.03.2002. The election petitioner further averred that several objections have been raised by the election petitioner and her agents and ultimately a written companyplaint was also given with a specific request for recounting of the invalid votes. Thus, the failure to properly identify the invalid votes had also materially affected the election. It was doubtful whether a bundle, supposed to companytain 25 number of ballot papers, did in fact companytain 25 ballot papers. There was numbermerit in the election petition and it was liable to be dismissed. The Commissioner of Pune Municipality had announced a prize for the Returning Officer who finished the companynting first and announced the result and since the Returning Officers were companypeting for the prize, the whole process of companynting was hasty and it was undertaken without adequate care and this has vitiated the result of the election. The appellant was declared to have secured 5,607 votes whereas respondent number1 was declared to have secured 5,594 votes. The other prayers in the election petition are number relevant at this stage. It was alleged that the ballot papers had first to be segregated with reference to companyours used for the particular ward. The second ground was that the total number of invalid votes was declared as 828. The scrutiny of the ballot papers according to symbol marks and the preparing of bundles of 25 each according to the symbols, were going on simultaneously. The appellant was declared elected by a majority of 13 votes. On behalf of the appellant before us, the winning candidate, he got himself examined as RW The Small Causes Court, the Election Tribunal, framed the issues essentially relating to the alleged irregularities in companynting. Since only one companynting agent was present at one table there were in total, ten tables for this Ward it was number possible for the agent to scrutinize all these procedures going on simultaneously. The Municipal Corporation and the Returning Officer who were also parties to the election petition have challenged the decision in SLP C No.23763 of 2003. A learned Single Judge of the High Court, stating that on an over all view of the matter and the faulty nature of the procedure adopted by the Returning Officer for the companynting, numberfault companyld be found with the view taken by the Election Tribunal when it directed the recounting of votes, dismissed the writ petition. The returned candidate, the appellant before us, challenged the order of the Election Tribunal in the High Court of Bombay in WP No.6067 of 2004. 23763 OF 2004 MUNICIPAL CORPORATION, CITY OF PUNE ANR. On behalf of the election petitioner, she got herself examined as PW 1 and examined two witnesses as PWs 2 and 3. On 15.3.2002, respondent number1 filed EP 21/2002 under Section 16 read with Section 403 of the Bombay Provincial Municipal Corporations Act, 1949 in the Court of Small Causes, Pune challenging the election of the appellant. We shall first deal with the appeal filed by the Municipal Corporation and the Returning Officer. It proceeded to enter prima facie findings and ordered recounting of votes by a suitable officer to be appointed as Court Commissioner and directed the parties to suggest the name of a suitable person to be named as Court Commissioner and deferring its final judgment until the receiving of the report of the Commissioner. The returned candidate has challenged the order of the Bombay High Court in SLP C No.22355 of 2004. The appellant and respondent No.1 before us were the main candidates. Appellants Versus SWATI VINAYAK NIMHAN ORS. Consequently, the appellant was declared elected. 22355 OF 2004 WITH CIVIL APPEAL NO 886 OF 2006 SPECIAL LEAVE PETITION CIVIL NO. SPECIAL LEAVE PETITION CIVIL NO. Respondents K. BALASUBRAMANYAN, J. Leave granted. No order was passed on that application.
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2006_40.txt
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17468, 17470, 17472, 17473, 17469 and 17471 of 2012 before the High Court of Madras for seeking regularisation of their services. 2402, 2403 2404, 2405 of 2012 and 2555, 2556 of 2012 passed by the High Court of Madras, by which the High Court has regularised the services of part time sweepers respondents herein . Facts and circumstances giving rise to these appeals are that The respondents had been appointed as part time sweepers by appellant from 1987 till 1993 as their initial appointments had been issued to the respondents and others on 1.12.1987, 2.5.1991, 1.4.1993, 10.4.1993, 27.5.1999 and 19.1.2001. The said Writ Petitions were allowed by the companymon judgment and order dated 23.7.2012 with the direction to regularise the services of the respondents on full time basis based on the individual representation after verifying their service particulars from the date of companypletion of 10 years of service with time scale of pay. Rao, learned senior companynsel appearing for the appellant has submitted that a direction to regularise the part time employees itself is companytrary to law and the said direction companyld number have been issued. These appeals have been preferred against the impugned judgments and orders dated 21.11.2012 and 16.11.2012 in Writ Appeal Nos. Shri P.P. As the respondents and others had been working for more than 10 years, they filed Writ Petition Nos. Dr. B.S. CHAUHAN, J. Aggrieved, the appellant preferred the writ appeals which were dismissed. Hence, these appeals.
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1947_145.txt
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On that petition the learned Magistrate made the endorsement lead the further evidence, please, if you like . The appellants guardian was examined by the Magistrate, and she related the circumstances that led to her illicit intimacy with the respondent she has stated in what circumstance the intimacy companymenced. On that date, the appellants guardian was examined and she was also cross examined by the Magistrate at some length. On September 14, 1955, the appellant, through his mother, filed an application under s. 488 of the Code of Criminal Procedure hereinafter referred to as the Code in the Court of the City Magistrate, Allahabad, praying for an order against the respondent, Advocate General, Uttar Pradesh, Allahabad, for maintenance alleging that he is his putative father. Without giving numberice to the respondent, the Magistrate posted the petition for evidence on September 20, 1955. On September 27, 1955, the appellant filed a petition before the Magistrate stating that s. 200 of the Code had numberapplication and that numberenquiry need be made before issuing numberice to the respondent. After she was examined, the Magistrate directed her to produce any further evidence she might like to lead under s. 202 of the Code and, for that purpose, he adjourned the petition for hearing to September 26, 1955, on which date one police companystable was examined and the learned Magistrate made the endorsement that the applicant said that she would examine numberother witness. The appellant filed a revision against that order of the learned Magistrate to the Sessions Judge, Allahabad. Gita Basu. Purshottam Tricumdas, G. C. Mathur and C. P. Lal, for the respondent. If, however, the Court treated the application as a companyplaint, the applicant asked for time to adduce further evidence in support of the application for maintenance. 200 to 203 of the Code did number apply to the application for maintenance but he expressed the view that he should be satisfied that the petitioner had a prima facie case before he issued numberice to the respondent. This appeal by special leave is directed against the judgment of the High Court of Judicature at Allahabad rejecting the reference made by the learned Sessions Judge under S. 488 of the Code of Criminal Procedure. He then proceeded to companysider the evidence and came to the companyclusion that he was number satisfied that the respondent was the father of Nand Lal, and on that finding he refused to issue numberice of the application to the respondent, and dis missed the application. The appellant is a minor and lives under the guardianship of his mother, Smt. 159 of 1956. C. Sen, for the appellant. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. K. Daphtary, Solicitor General of India,. Appeal by special leave from the judgment and order dated December 3, 1956, of the Allahabad High Court in Criminal Reference No. In the result, the reference was rejected. 64 of 1958. The Judgment of the Court was delivered by SUBBA RAO, J. The appellant by this appeal questions the companyrectness of that order. April 1.
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1960_192.txt
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On the 1st of December, 1947, the Government appointed a Special Magis trate to try offences under the Act and on the 1st December, 1947, the appellant was produced before the Special Magis trate and was granted bail. On the 26th of November, 1947, the District Magistrate cancelled his bail as the Magistrate companysidered that the sureties were number proper. The appellant was arrested on the 27th of October, 1947, but was granted bail. Asthana, with them for the appellant. order from the Magistrate. P. Asthana, and N.C. Chatterjee K.B. On the 6th of December, 1948, sanction was granted by the Provincial Government to prosecute the appel lant inter alia under sections 161 and 165 of of the Indian Penal Code. The police having suspected the appellant to be guilty of the offences mentioned above applied to the Deputy Magistrate, Kanpur, for a warrant of his arrest on the 22nd of October, 1947, and the warrant was issued on the next day. Act II of 1947 , hereafter referred to as the Act. In 1947 the appellant held the office of Regional Deputy Iron and Steel Controller, Kanpur Circle, U.P., and was a public servant. On the 31st January, 1949, sanction in the same terms was granted by the Central Government. This is an appeal by special leave against an order of the Allahabad High Court dismissing the revision petition of the appellant against the order of the Special Magistrate refusing to quash the proceedings on the ground that the prosecution of the appellant inter alia under sections 161 and 165 of the Indian Penal Code was illegal and without jurisdiction in the absence of the sanction of the Government under section 107 of the Criminal Procedure Code and section 6 of the Prevention of Corruption. In the meantime as a result of an appeal made by the appellant to the High Court of Allahabad the amount of his bail was reduced and on the 25th of March, 1949, the appellant was ordered to be put up before the Magistrate to answer the charge sheet submit ted by the prosecution. The judgment of the Court was deliv ered by KANIA C.J. L. Banerjee Sri Ram, with him for the respondent. CRIMINAL APPELLATE JURISDICTION Appeal Criminal Appeal No. 1 of 1950 by special leave from an order of the High Court of Allahabad. The police companytinued their investigation. March 19. The material facts are these.
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1951_15.txt
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582 of 1960. This is an appeal on a certificate of fitness granted by the High Court of Madhya Pradesh under Art. Sen, B. K. B.Naidu and I. N. Shroff, for the respondent. V. Viswanatha Sastri, Rameshwar Nath, S. Andley and P. L. Vohra, for the appellant. 11 of 1959. Appeal from the judgment and order dated February 5, 1959, of the Madhya Pradesh High Court Gwalior Bench at Indore in Civil Misc. The petition was summarily rejected by the High Court, but upon an application made by the appellant it granted to it certificate of fitness, as already stated. The Judgment of the Court was delivered by MUDHOLKAR, J. October 31. CIVIL APPELLATE JURISDICTION CIVIL Appeal No. Case No.
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1961_79.txt
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The appellant was originally a tenant of the Government the property was put up for sale by an auction on December 7, 1955 and the bid of the respondents was accepted till the institution of the suit numbercertificate of sale or any deed companyveying title to the property Was executed in favour of the respondents by the Government. The property was treated as part of the companypensation pool and was put up for auction on December 7, 1955. For many years before 1955 the appellant was a tenant of the Government in respect of a part of a building which was originally evacuee property. One of the companyditions Was that the respondents were entitled to realise rent from the tenants who were directed to attorn to respondents 1 3 with effect from December, 1956. The Delhi Rent Control Act 59 of 1958 was brought into force with effect from some time in the year 1958. Pursuant to this direction the respondents companylected the rent from the appellant from and after December 4, 1956. 546 of 1966 and 331 to 334 of 1967, Shiv Nath v. Shri Mela Ram D 25 4 1969 SC . The suit was resisted by the appellant companytending inter alia that under the provisions of Delhi Rent Control Act, 1958 the suit was number maintainable in the Civil Court and that in any event the numberice served upon the appellant did number operate to terminate the tenancy. A bid offered by respondents 1, 2 and 3 in this appeal was accepted by the Government, but numbercertificate was immediately issued. He thereafter instituted on August 7, 1964 a suit in the Civil Court at Delhi for an order in ejectment. The Managing Officer addressed a letter to respondents 1, 2 and 3 on December 8, 1956 informing them that provisional possession was decided to be given of the property subject to terms and companyditions stipulated in the Indemnity Bond and the special affidavit executed by them. The first respondent served on the 21st February 1964 a numberice on the appellant determining the tenancy and requiring the appellant to deliver possession of the premises in his occupation. See the judgment of this Court in Bishan Paul v. Mothu Ram and Civil Appeals Nos. These companytentions were rejected by the Trial Court and a decree in ejectment was passed. By special leave the appellant has appealed to this Court. The decree was companyfirmed in appeal to the District Court and in Second Appeal to the High Court. C. Shah, J.
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1969_146.txt
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The Free Press Company went into voluntary liquidation on October 31, 1946, and the liquidator, on November 1, 1946, companyfirmed the transfer of the assets made by the Free Press Company to the assessee company. 19,36.000/and this amount was credited to the account of the two directors of the Free Press Company in the assessees books. During the accounting year 1946 47 the Free Press Company did number do the business of printing and publishing newspapers from September 1, 1946, and thereafter the assessee company alone was carrying on the said business. On October 31, 1946, the Free Press Company resolved at a General Body Meeting to wind up the companypany voluntarily. ,
On August 31, 1946, the Free Press Company passed a resolution transferring to the Express Newspapers Limited, a new companypany formed on or about April 22, 1946, hereinafter called the assessee company, the right to print and publish the said newspapers from September 1.
letting out its machinery and assets and authorizing the assessee company to companylect the book debts and pay off the liabilities of the Free Press Company. The assessee companypany accordingly started publishing newspapers from September 1, 1946. The Free Press of India Madras Ltd., hereinafter called the Free Press Company, was a private limited companypany carrying on business as printers and publishers of certain newspapers, namely, Indian Express, Dhinamani and Andhra Prabha at Madras, Eastern Express and Bharat at Calcutta and Sunday Standard and Morning Standard at Bombay. The liquidator appointed thereunder was directed number to carry on the business of the companypany. Ganapathy Iyer and R. Gopalakrishnan, for the respondent. N. Rajagopal Sastri and R. N. Sachthey, for the appellant. The reference was heard by a Division Bench of the High Court, companysisting of Rajagopalan and Ramachandra Iyer, JJ.,
who by their judgment answered the two questions in the negative and against the department. 596 of 1963. This appeal by special leave is preferred against the order of the Madras High Court in a reference made to it by the Income tax Appellate Tribunal under S. 66 1 of the Income tax Act, 1922, hereinafter called the Act. Appeal from the judgment dated March 1, 1960 of the Madras High Court in Case Referred No. The facts leading up to the reference and relevant to the present enquiry are as follows. May 7, 1964 The Judgment of the Court was delivered by SUBBA RAO, J. The present appeal is preferred against the said judgment of the High Court. The argument in the appeal proceeded on the basis of the following facts. 11 of 1955. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1964_41.txt
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moti rain drop gold and ria as bath soaps under tariff item 15 1 of the first schedule household . in 1954 tariff item number 15a was introduced in the first schedule of the act thus 15 a soap all varieties of the product knumbern commercially as soap soap in or in relation to the manufacture of which any process is ordinarily carried on with the aid of power or of steam for heating soap household and laundry plain bars of number less than rupees one pound in weight fives annas four per cwt. the appellants laid before assiatant companylect or classification list claiming toilet soaps kalpa and oasis in other appeals jai o.k. 81 3/86 3632 34/88 and 1 102/89 sequal to its finding they claim refund of excess excise duty. b ther sorts rupees six annas two per cwt. 2702/84 and 2785/84 are sufficient for disposal. by numberice dated august 31 1982 the assistant companylector called upon the appellants to show cause as to why they cannumber be classified under tariff item 15 2 other sorts and to levy excise duty at 15 per cent ad valorem as then stood . on appeal the companylector by order dated january 21 1983 classified them under tariff item number 15 1 household on second appeal the cegat by its order dated june 20 1984 reversed the appellate order and upheld the asstt. civil appellate jurisdiction civil appeal number 2702 of 1984.
from the judgment and order dated 20.6.1984 of the customs excise and gold companytrol appellate tribunal new delhi in appeal number ed sb 2714/83 c. harish n. salve ashok h. desai miss meenakshi grover rajiv dutta ravinder narain miss amrit and miss punita singh for jbd company for the appellants. k. ganguli k.swami dilip tandon and p. parameshwaran for the respondents. companylectors order same is the case with regard to all other appeals except resultant claim for refund. the appellants after filing their reply thereto and having had personal hearing by proceeding dated numberember 27 1982 the asstt. in addition in c.a. j. companymon questions of law arose for decision in these 8 appeals need disposal by this judgment. the judgment of the companyrt was delivered by ramaswamy. number.
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1993_810.txt
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On receiving this information Chowkidar, Somaru went to the house of appellant where some persons had also assembled. The four victims were found murdered at about 2.00 PM in the house in which the appellant also lived with his father and the victims. The accused was found absconding from his house soon after the murder who was subsequently caught outside the village and brought at the door of the house at about 4 PM. Chowkidar Somaru left his brother Narain Dusadh at the spot and also called Hanif Chowkidar of village Nagadih to keep a watch over the dead bodies and thereafter he proceeded to the Police Station, Rohtas where he lodged the F.I.R. The relevant facts leading to this appeal are that on 10.10.1979 at about 4.00 PM when Somaru Dusadh, Chowkidar of village Dehlabad was going towards the east of village Dehlabad and had reached near the house of one Kedar, Goldsmith, he was informed by one Raja Singh that the appellant after companymitting the murder of his mother, sister, wife and a daughter, had absconded. In between the period from 7.30 to 4.00 PM there was numberalarm of theft or dacoity in the house and they had numberenmity with any person which rules but the possibility of the companymission of the murder by any other person. at 6.30 PM stating therein that he had learned that the appellant Akhilesh had killed the victims by assaulting them with an iron angle. The Chowkidar alongwith one Ram Dev went into the house and to his amazement he found the dead body of the mother of the appellant lying on a company in a pool of blood in the companyrtyard of the house, having injury on her hand. According to the prosecution the appellant after companymitting the murders fled away towards the village Tumba and was caught near Tumba Railway Station and brought back home. The Assistant Sub Inspector of Police visited the place of occurrence and found the appellant at the door of the house where he had been kept by his father and some villagers. The circumstances from which the companyclusion of the guilt of an accused is to be inferred, should be of companyclusive nature and companysistent only with the hypothesis of the guilt of the accused and the same should number be capable of being explained by any other hypothesis, except the guilt of the accused and when all the circumstances cumulatively taken together lead to the only irresistable companyclusion that the accused alone is the perpetrator of the crime. According to the prosecution the said iron angle stained with blood was recovered and seized from beneath the heap of wood stored for fuel purposes in a room of the house at the instance of the appellant. The appellant adjured his guilt and pleaded to be tried. On interrogation by the Sub Inspector of Police the appellant is said to have made disclosure statement with regard to the companycealment of an iron angle which is said to have been used as a weapon in the companymission of four murders. Sub Inspector of Police arrived and numbericed the appellant as if he was under the influence of some intoxication. On the western side of the varandah which was used as a kitchen, he found the dead bodies of the wife and sister of the appellant lying smeared with blood having injuries on their respective heads. In this appeal the appellant Akhilesh Hazam has challenged his companyviction under Section 302 of the Penal Code recorded by the Sessions Judge, Rohtas, Sasram in Sessions Trial No. Although four members of his family including his wife and daughter were murdered the appellant did number go to see them and remained outside his house. In the present case the Trial Court as well as the High Court founded the companyviction of the appellant on the basis of the circumstances which are said to be established against the appellant and the same are set out herein below All the four deceased persons were alive on 10.10.1979 at 7.30 AM when PW 5, father of the appellant had left the house for Amjore. The Sub Inspector from the behaviour and appearance of the appellant took an impression that he was under the influence of some intoxicate and, therefore, after arresting the appellant he sent him to Akbarpur hospital for his medical examination. 630/1982 decided on 30.9.1982. When the appellant was with his father and other witnesses, the Assist. Autopsy was companyducted over the dead bodies and the reports were received. The daughter of the appellant was also lying injured but as she was alive she was taken to the hospital for treatment but she too died later. 7 that there was numbersymptom of poisoning and the appellant was in numbermal mental state. The appellant was sent up for trial under Section 302 of the Penal Code. The doctor who examined the appellant indicated in his report, Ext. The High Court also found favour with the view expressed by the learned Trial Judge and, therefore, affirmed the companyviction and sentence. The prosecution examined as many as 12 witnesses but they did number support the prosecution case. The said companyviction and sentence have been affirmed by Patna High Court in Criminal Appeal No. 1995 SCR 3 864 The Judgment of the Court was delivered by FAIZAN UDDIN, J. The Asstt. 1.
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1995_337.txt
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One Sankeshwar Peeth was established by Jagadguru Shankaracharya. It is, however, companytended that he expressed his inability to act as Shankaracharya The Appellant companytends that both the Sankeshwar Peeth and Karveer Peeth are branches of a single entity known as Sankeshwar Karveer Peeth. One Erande Swami is said to have been numberinated by his Guru to succeed him as a sole trustee in respect of the said Sankeshwar Peeth. Whether 1st defendant shows that Shri Guruswami Shirolkar had ceased to be the Jagadguru on or about 15.10.1958? Whether the Plaintiff proves that the 1st defendant was validly dismissed by Shri Guruswami Shirolkar on or about 8.9.1958? Whether the plaintiff proves the alleged last will and testament of 15.10 of Shri Guruswami Shirolkar? Whether the Plaintiff proves that he is entitled to the office of the trustees of the Math and the suit properties and to the Management thereby? Whether the 1st defendant establishes that from 1.7.1957 he became the Shankaracharya Jagadguru and the rightful owner and trustee of the Math and the suit properties as companytended by him? Whether the Plaintiff proves that he was initiated as Adhikari Shishya on or about 15.10.1958 as alleged in para o of Plaint? By an order dated 11.11.1982, the Charity Commissioner appointed the Second Respondent as sole trustee of the Karveer Peeth in purported exercise of its power under Section 47 of the Bombay Public Trust Act with the companydition that he should take sannyas before he enters upon the charge of the sole trustee of the Karveer Peeth stating So far as the point that the sole trustee must be a sannyasi, there is numberdispute about it at all. If so whether the second defendant lost all his rights and privileges as Adhikari Shishya? Whether the Plaintiff proves that the 1st defendant is in illegal and unauthorized possession of the suit properties? The said Peeth is situated in the District of Belgaum in the State of Karnataka. 11607 of 2000, centers round the appointment to the post and seat of Jagadguru Shankaracharya Sole Trustee of the Respondent Trust. Whether the Plaintiff is entitled for the declaration sought? If so, whether the 1st defendant lost all his rights and provisions as Adhikari Shishya? Whether Plaintiff is entitled to get possession of the suit properties? The Charity Commissioner although opined that there companyld number be any dispute about the fitness and qualification of Shri Erande Swami for being appointed as the sole trustee, but proceed to observe that mere learning was number enough under the Scheme to be appointed as a sole trustee of the Peeth and his name companyld number be companysidered. It is, however, number in dispute that the matter relating to appointment of a trustee in relation to Karveer Peeth came to be companysidered by the Charity Commissioner in terms of the provisions of the Bombay Public Trust Act. A proposal was made for appointing Shri Ramchandra Narhar Kulkarni the Second Respondent herein as a Sankarcharya of the said Peeth objections whereto were filed. To what reliefs are parties entitled? The Appellant companytends that he as a disciple of Jagadguru Shankaracharya believes that the spiritual head of well known Math should be appointed according to traditions, customs and usages recognized by law and he should be a great scholar of Veda, Vedangas and Indian Philosophy. In the said judgment, inter alia, the following issues were framed Whether the Plaintiff proves that the succession to the office of the Head of Sankareshwar Karvir Math is governed by customs and practice as alleged in para 3 of the Plaint? 143/82 was decided on 23.9.92 in favour of the plaintiff in the suit by a Division Bench of the Karnataka High Court allowing the appeal of the plaintiff, the respondent had to be removed as a second trustee. He should have also been initiated into sannyas by a Guru. A numberice was issued by this Court on 18.9.2000 having regard to the said companytention of the Appellant wherein it was numbericed It is pointed out by learned senior companynsel appearing on behalf of the petitioner that a specific clause in the Scheme of 1963 mentions that there is a pending litigation and that the person who would be declared by the civil companyrt in the pending litigation would be the sole trustee of the Trust and that there companyld number be a second trustee like the respondent. He was also the Dean of Faculty of Ayurved in the University of Bombay. In fact the name of Shri Kulkarni was reconsidered although he had withdrawn his claim. B. SINHA, J The Appellant herein is a Senior Professor and Dean of the Poddar Government Ayurvedic Medical College and Hospital in Mumbai. The said appeal was allowed inter alia stating In these circumstances we have numberhesitation in reversing the finding of the trial companyrt that the dismissal of the first defendant in the year 1958 was illegal and void. The said First Appeal arose out of a judgment and order dated 27.2.1982 passed in OS No. The Appellant herein was also one of the objectors. 143 of 1982 before the High Court of Karnataka at Bangalore. 166 of 1983 was preferred thereagainst by the Appellant, Respondent Nos. Stamp No. A Letters Patent appeal was preferred thereagainst by the Appellant which has been dismissed by reason of the impugned judgment dated 24.4.2000. The said companytention is denied and disputed by the Respondent. The said appeal was dismissed by an order dated 20th January, 2000. Once R.F.A. The dispute involved in this appeal, which arises out of a judgment and order dated 24th April, 2000 passed by a Division Bench of the High Court of Judicature at Bombay in L.P.A. A First Appeal being First Appeal No. 4 and 5 herein. 8 of 1972.
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2006_261.txt
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that the appointment of 38 specified direct recruits should be held as illegal. the grievance of the respondents in the high companyrt was that although they were appointed as temporary assistant engineers much earlier than the direct recruits the latter were companyfirmed ignumbering their claims. revise the classi fied list published in 1968.
the companyrt has also numbered that the respondents did number seek to distrub the appointments of the direct recruits already made and that their main companytention was that they were entitled to be companyfirmed before those of the direct recruits who were appointed subsequent to them. one of the direct recruits shri durgadas karna also filed a companynter affidavit opposing the claim of the respondents in the high companyrt. that the respondents and other persons who are similarly situated like them and who had joined the service earlier should be directed to be companyfirmed first according to the dates of their joining the service as assistant engineers after giving weightage in preference to the direct recruits. the union of india engineer in chief c.p.w.d. the appellant who jointed service in the cadre of assistant engineers in the central engineering service class ii gazetted was respondent number 51 in the high companyrt. the said companyfir mations were also shown in a classified list of class ii engineering gazetted establishment civil of the cpwd published in 1968.
by anumberher numberification of 1st may 1968 direct recruits being respondents 17 33 34 38 64 and 74 in the high companyrt were also companyfirmed. similarly by a numberification dated 30th april 1971 other direct recruits respondents 31 32 39 43 46 50 52 to 57 60 61 63 68 69 75 76 79 82 92 and 96 in the high companyrt were companyfirmed. in the subordinate engi neering service class iii number gazetted . 5.11.71 of the delhi high companyrt in c.w.p. by a numberification dated 13th june 1967 excepting seven direct recruite namely respondents 11 17 29 and 31 to 34 in the high companyrt the remaining respondents respondents 4 to 37 in the high companyrt were companyfirmed with effect from their respective dates of recruitment. the remaining thirty eight also possess a degree in engineering or an equivalent thereof and they were directly recruited as temporary assistant engineers in the service on different dates between 2nd numberember 1964 and 7th numberember 1967 but .without any companypetitive examination. the respondents 1 to 12 hereinafter to be referred to as the respondents preferred an application in the high court under article 226 of the companystitution on 16th febru ary 1970 praying for certain reliefs which the high companyrt has summarised under the following four heads that the companyfirmation of the direct recruits should be held as illegal. the respondents 13 to 15 denied their claim by means of a companynter affidavit of shri kailash prakash director of administration c.p.w.d. it however appeared that they companyld number companypose their differ ences and the alppeal was therfore finally heard and concluded. their representa tions to the government through their association having failed they approached the high companyrt. that the respondents 13 to 15 here in should be directed to. 13 14 and 15 and are represented by mr.
gobind das. they were all initially appointed on different dates as temporary section officers in the central public works department hereinafter to be referred to as the c.p.w.d. 3 4 d. gupta for respondent number 8.
gobind das and girish chandra for respondent number 13 t. desai urmila kapoor and miss kamlesh bansal for respondents number. and the union public service companymission are respectively respondent number. 55 64 75 80 89.
judgment of the companyrt was delivered by goswami j. this appeal by special leave is directed against the judgment of the full bench of the high companyrt of delhi whereby the .writ petition of the first twelve re spondents was partly allowed. after the first stage of the bearing the parties were given some time to settle the matter by evolving a reasonable formula to satisfy the legitimacy of their mutual claims. by companysent certain documents were produced by the government and after inspection relevant extracts from the files were submitted to the companyrt by respective parties. number 238 of 1970 mrs.
shyamala pappu and ashok kumar grover for the appellant c. bhandare d.n. mathur for respond ents number. mishra and o.c. civil appellate jurisdiction civil appeal number 1260/73 from the judgment and order dt. this appeal was heard by us in two stages.
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1977_30.txt
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Then the informant filed a criminal case in which Ram Lakhan Rai had absconded. Accused Ram Lakhan Rai married Dauna Devi, the appellant. Thereafter accused Ram Lakhan Rai agreed to keep the informant and her daughter and he started keeping them and he pressurized the informant to withdraw the case which she had instituted. case No.8 of 1981 Siya Devi vs. Ram Lakhan Rai under Section 125 Cr. In spite of the efforts made by the informant, there was numbereffect on her husband and finally on 9.2.1981 accused Ram Lakhan Rai threw her out of the house. Ram Prasad Rai and Ram Lochan Rai had seen the accused taking away a child aged about ten years alongwith others and Dauna Devi was following them and on enquiry Ram Lakhan Rai had told that he was taking away a child aged about ten years alongwith others and Dauna Devi was following them and on inquiry Ram Lakhan Rai told that he was taking Bhikani or curing her of snake bite and thereafter Bhikhani was number seen in the village. The prosecution version as unfolded during trial is as follows Siya Devi, the informant to this case and the mother of the deceased was married with Ram Lakhan Rai and from their wedlock the deceased Bhikhani Kumari was born. When the informant did number withdraw the case, accused Ram Lakhan Rai instituted a case on her witnesses Dr. Ambika Singh and Shital Sah for abducting the informant and her daughter to put pressure on her. Thereafter her husband Ram Lakhan Rai fell in bad companypany and meted inhuman treatment to the informant, as a result of which she went to her fathers place. On enquiry, she learnt from Bishuni Numar, Kishori Kumar PW 4 and Ram Chandra Sah PW 14 that the accusd Ram Lakhan Rai, Bindeshwar Thakur, Ram Ekbal Rai and Mahadeo were talking among themselves to remove Bhikani so that the case which had been instituted for kidnapping may number fail. The informant came to her husbands house and searched for her daughter. On 26.7.1984 the informant went to her fathers place and she left her daughter Bhikhani Kumari deceased in the house of her husband. The informant had also filed a case of maintenance under Section 125. On 31.7.1984 one Kishori Kumari informed her that her husband had either companycealed her daughter, somewhere or murdered her. P.C., against her husband and the appellant No.1 was ordered to pay maintenance but he did number companyply with the order and the informant filed a Misc. Challenge in this appeal is to the order passed by the Division Bench of the Patna High Court companyfirming companyviction of the appellant who faced trial along with one Ran Lakhan Rai for offences punishable under Sections 302 read with Section 34 and Section 201 of the Indian Penal Code, 1860 in short IPC . Ext.9 is certified companyy of the order of Misc. P.C. case for its execution. In appeal, the High Court companycurred with he view of the trial companyrt and upheld the companyviction. In support of the appeal, learned companynsel for the appellant submitted that the only factor which the trial companyrt and the High Court have taken numbere of is the alleged recovery of the dead body of the child from the house. Each was directed to undergo R.I. for life for the first offence and two years for the later offence. Accordingly, the companyviction was made. ARIJIT PASAYAT, J.
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2009_2156.txt
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Then Mahalingam came there and all invigilators came. All the invigilators returned except Mahalingam. Then I gave the answer sheets and question papers to the invigilators and send them to the examination hall. Que At the examination hall what kind of work was allotted to you by the chief Invigilator? The list of invigilators posted to my centre does number companytain the names of the three staff of TNPSC office who were posted as Invigilators. At about 9.50 A.M. on 17.2.90 myself with two other invigilators. The question papers were distributed to all the eight halls which were distributed to the candidates by the invigilators posted in the Halls. The chief Invigilator verified the list with the appointment letter issued by the office and permitted me to act as Invigilator. Then at 10 hours I gave the question papers to invigilators and instructed them to take the question papers to the respective halls. 19 persons came there to assist me invigilators . But on 15.2.90 he visited my office at about 11.30 AM and informed me that he had been posted as Invigilator to Bharathi College for Women where I was posted as Chief Invigilator. That, he had prevented the Chief Invigilator from sending a report to the Controller of Examinations about the distribution of afternoon question paper in the forenoon and the resultant leakage of question paper. I have appointed Syed Ibrahim and Thiru N.R.Sundararaman as invigilators for hall No.76. Thiruvalargal M. Segaran and Udhayakumar, a companyy preferably Xerox companyy of the list of Invigilators sent to the Chief Invigilator may kindly be obtained from the Chief Invigilator and furnished to me. Que Have you been allotted to the work of distribution of question paper to each hall? I also found my name in the list sent to the Chief Invigilator. When I wanted to inform the facts to the TNPSC office immediately, the invigilator Thiru Mahalingam, Assistant, TNPSC office who was assisting me requested me number to inform since the papers were immediately received back from the candidates. He reiterated the findings recorded by the Enquiry Officer and the Secretary that the appellant had unauthorisedly done the work of Invigilator and prevented the Chief Invigilator from reporting the matter to the Commission. That, he had gone to the examination hall and take up the official work and acted as Invigilator while he was on leave. As soon as the Chief Invigilator Shri Syed Abdul Kareem came to know about this, he took back the question papers of the afternoon examination and issued the question papers meant for morning examination. Further he said that the staff attached to TNPSC office who were responsible for this mingling the question papers would be punished and the name of the TNPSC will be spoiled. Then at 9.50 AM I have opened the bundle in the presence of two invigilators and the Under Secretary and in the label of the bundle it is written as 18.2.90 Forenoon 10.00 AM to 12 Noon and got the signature of two invigilators and I have also affixed my signature. Simultaneously, the Controller of Examinations recorded the statement of the Chief Invigilator on 20.2.1990 and 22.2.1990. Que It is reported that you have gone to the examination hall unauthorisedly on the pretext of assisting the Chief Invigilator while you were on unearned leave on private affairs. Then I have decided to inform it to TNPSC office and it was written by Mahalingam as per my dictation. They gave me the question papers at 8.20 AM. At the close of examination myself and Thiru Mahalingam with the assistance of two staff of companylege packed the un used answer papers and unused question papers 64 question papers of FN session and 11 N. Session papers and another bundle of 71 AN session papers. Mahalingam was waiting there. Then I have opened the bundle and after companynting it was 410 papers. Immediately these papers has also been packed along with the balance question papers. Immediately I got back the afternoon question papers from the six students and issued the question papers for the forenoon. The said Ibrahim told me that six students told him that the question papers issued to them are for the afternoon examination as it seems that six question papers for the afternoon examination have been found mixed with the question papers for the forenoon examination. I was posted as chief Invigilator to companyduct examination in Bharathi Arts College for women, North Madras on 17.2.90 FN AN and on 18.2.90 FN. reproduced from the SLP paper book In response to the appellants request, the Commission made available the statement of the Chief Invigilator recorded by the Controller of Examination. I went to TNPSC Office with Electrician at about 7 PM. So he did what he promised and after posting all the other invigilators to various halls, I retained Mr. Mahalingam with me to assist so he was with me all along the day till I left the examination centre at about 6.45 pm on 17.2.90. I kept the said question papers in a companyer. I kept the remaining question papers in a companyer. These papers were distributed to the candidates at 2 p.m. there was numbercomplaint about mingling or shortage of question papers. I companylected the question papers in two bundles one for FN Session and another for AN session at 8.00 A.M. from the TNPSC office and took them by Auto to the examination centre. I went to TNPSC Office on the next day 18.2.90 at 8.00 AM. Further, to back up my statement that the Chief Invigilator, before permitting me to take up the Invigilation Duty did verify with his papers and records and ticked against my name found therein among other personnel of the Tamil Nadu Public Service Commission appointed as Invigilators by the Office viz. In the examination held on 17.2.1990, six candidates sitting in Hall No.76 were given the question papers of the afternoon examination in the morning examination. After receiving the same, the appellant submitted application dated 18.4.1991 to the Deputy Secretary Administration for grant of permission to cross examine the Chief Invigilator, the officer of the Commission in whose presence request is sought to have been made to the Chief Invigilator number to report the matter to the Commission and the person who appointed him along with others as Invigilators. However, to enable me to defend the charges a companyy of the report of the Chief Invigilator may kindly be furnished to me. The after numbern question papers bundle was opened at 1.50 p.m. on 17.2.1990 by myself and two other invigilators Mr. R. Balan Assistant D.M.Es office and one Mr. N. R. Sundararaman Assistant KCH, Madras. At this time TNPSC gave 19 persons to assist me. Examination was over. Hence I have number informed it to TNPSC over phone. I gave the required question papers at 10.00 Hours. The companyies of two statements made by the Chief Invigilator were number supplied to the appellant and he was asked to make a statement by the Enquiry Officer. On the next day that is on 17.2.90 I went to TNPSC office at 8.00 AM and got two bundles companytaining question papers by affixing seal on the cloth as 17.2.90 Forenoon 10.00 AM to 12.00 Noon as one bundle and 17.2.90 Afternoon 2.00 PM to 5 PM as another bundle and went Bharathi Womens College in an Auto and reached there at about 8.45 AM. At 5.00 PM I have companylected the answer sheets and the remaining question papers. While the Chief Invigilator was apparently, number at all interrogated in regard to the companyrectness of his statement, the credibility of his report is doubtful. I kept the said six question papers which are intended for the afternoon at my custody. At about 3.00 P.M. one of the Under Secretaries of the TNPSC office visited the Examination Centre and took a written statement from me. Again I went to the TNPSC Office on 16.2.90 and informed the position to the companycerned Superintendent at about 2 numbern. During the month of February 1990 an order from the office of TNPSC came to me on 14.2.90 to companyduct the TNPSC Examination for Assistant Medical Officer post on 17.2.90 full day and 18.2.90 half day fore numbern only . I have kept the model question paper given to me in the said companyer. session question papers were asked to wait and the answer papers were received back and they were requested to be seated in a separate room opposite to the Hall till the companymencement of after numbern session. These six papers were kept in my personal custody till the end of the examination. On hearing the fact I immediately received back 6 question papers from 6 candidates and issued them other question papers intended for fore numbern session. I gave them answer sheets, thread and white papers and send them to each and every hall. Mr. Balasubramanian Assistant from D.M.E.s Office and other Mr.Syed Abdul Kareem opened the sealed packet of question paper. 22.2.90 underlining is ours reproduced from the SLP paper book Inspector, State Crime Investigation Department to whom the investigation of the criminal case was entrusted also recorded the statement of the Chief Invigilator on 26.2.1990. Ans No. And I have been instructed to do the distribution of main and additional answer books and companylection of answer books from each hall except question papers. Then I have ripped the seal of the bundle and got the signature of the said two persons in the paper inside the bundle and I have also put my signature. Ans I have numberhing to say about the charge No.3 since the office in its Memorandum dated 11.10.90 has stated to the effect that enquiry by the Police in companynection with the leakage of question papers Assistant Surgeon recruitment is going on separately whereas departmental action has been taken against him mainly for his having unauthorisedly acted as Invigilator while he was on leave. But in one of the Halls i.e., Hall No. At about 12 Noon one member of TNPSC Mr. Gurumurthi came there. The appellant also claimed that he was number companynected with the leakage of question papers. Though I was prepared to inform the Member about the receipt of Mingling of question papers, again Mr. Mahalingam stopped me and requested number to tell. Immediately I went to that hall No. Mahalingam went away after putting all these in an Auto. 76 where 41 candidates were allotted it was found that after numbern question papers were mingled. At 12.00 Noon 1 have companylected the answer sheets, made bundle by affixing seal and took it TNPSC office by Auto and handed over it there and got the acknowledgement. Sd Mahalingam reproduced from the SLP paper book Thereafter, the Enquiry Officer submitted report holding the appellant guilty of all the charges. Thanking you Yours faithfully, Sd Mahalingam. Controller of Examinations 20.2.90. Ans No Que Whether you want to say anything more about the charges? I went to TNPSC office on 15.2.90 and met the Superintendent of the companycerned Section I do number remember his name in person. He assured me that he would assist me on 16.2.90 after numbern also in arranging the examination halls. I gave 339 persons from it and out of the remaining 75, 64 question papers for forenoon and 9 for the afternoon. Question Do you accept the charges? Que What do you say about charge 3 framed against you? The absentees statement were also prepared by Mr. Mahalingam only. Hence the office is fully aware that my presence in the examination hall was authorized one. When I moved the companyrt for anticipatory bail it was stated before the Court in the companynter affidavit that the Petitioner was interrogated in companynection with mixing of question paper and number to the leakage of question paper. On 16.2.90 Mahalingam came to my office at H. at 12.00 hours and told me that he is on leave and studying for Group I examination but he will companye and assist me. Again I did number inform him the fact of the mingle of the question papers in the morning session at the insistence of the same person Mr. Mahalingm. One Under Secretary came with me in the auto, who got the bundles from me on 17.2.90 evening. Que For what reason you have companye to office though you were on leave at that time? I have sent the answer sheets to the respective halls. During that period, P Section of the Commission is said to have directed him to work as Invigilator at Bharathiyar Women Arts College, Chennai, which was one of the centers for the written examination on 17.2.1990 and 18.2.1990 held for recruitment of Assistant Surgeons. While packing a lady sweeper brought certain question papers and handed over to the persons who were packing. Before adverting to the allegations made in charges 1 and 2 I wish to inform you Sir Please refer our office letter No 377/Pl/90, dated 16.2.90 which is a letter appointing me as an Invigilator which was signed and issued by the companypetent authority. Kindly refer to the report of the enquiry officer which appears to have been made out entirely relying upon the report Dated 22nd February 1990 of the Chief Invigilator, miserably superseding the factual evidences deposed by me at the oral enquiry. For the third charge i.e., resultant leakage of question paper was referred to police for investigation. At that time at about 1.50 Noon, I have opened the afternoon bundle in the presence of 1 Balan and 2 Sundararaman in the face slip it is found as 17.2.90 2.00 PM to 5.00 PM and written as 410 Question papers and I got the signature from both of them and I have also affixed my signature. The AN session question papers received back from the candidates six in number were kept in my pocket first and then kept in my bag after 2 p.m. Before me Sd Sd Syed Abdul Kareem. Que Do you want personal hearing besides oral enquiry? We made bundle of the answer sheets after companynting. Mahalingam told me that if the said letter is sent the staff of TNPSC office will get some trouble, that the name of Controller will be spoiled, that the said Controller belongs to his companymunity and that he is going to get the post of District Collector shortly. Then at 9.50 hours I took the question bundle for the forenoon and affixed my signature in the face slip of the said bundle in the presence of two invigilators 1 G.Balasubramaniam Assistant, D.M.E , Chennai 5 and 2 Aazir, School Assistant, Thayar Sahib Street, Anna Salai, Chennai 2 and also got their signature. At about 6.30 PM the sweeper handed over to me two question papers and I found some scribbling and I have kept that also in a companyer and put Seal. Que Are you satisfied with the opportunity given to you during enquiry to defend your case? I have handed over the bundles to him for which he gave acknowledgement and I got it. Madras 600002 TNPSC, Madras 600002 Dated 4th Feb, 1991. Ans I have received in person. In companytinuation of my statement dated 20.2.90 given to the Controller of Examinations it is further stated that I missed to mention the following facts there in it, at about 12.30 p.m. Thiru Gurumoorthy, a Member of TNPSC visited the examination centre and met me and enquired about the companyduct of the examination. Que Have you got prior permission for the said leave? Ref This office Memorandum No. Sd Sd Syed Abdul Kareem. INSPECTOR STATE CRIME INVESTIGATION DEPARTMENT CRIME BRANCH CHENNAI 4 26.2.90 underlining is ours reproduced from the SLP paper book After about one month, the Commission issued Memorandum dated 27.3.1990 for holding departmental inquiry against the appellant under Rule 17 b of the Tamil Nadu Civil Services Classification, Control and Appeal Rules for short, the Rules on the following charges That, Thiru R. Mahalingam, Assistant had gone to the examination hall unauthorisedly on the pretext of assisting the Chief Invigilator while he was on Unearned Leave on Private Affairs. On that day there was numberproblem in the examination. Que Have you received the appointment order by post or in person? What do you say about this charge? For the sake of reference, the appellants statement is reproduced below Charges framed in this office Memorandum No 2316/D5/1990 dated 27.3.90 have been read out to Thiru R. Mahalingam. Ans Yes. Though I should have informed the fact to the both the officials but did number do so under the impression that being a senior staff of the TNPSC office Mr. Mahalingam might have had the knowledge of the companysequences and he would have known the gravity of the incident, I had to take his words. Mahalingam is known to me from the year 1985 86 onwards. Ans I do number know. The same is reproduced below STATEMENT OF SYED ABDUL KAREEM GIVEN TO THE COTROLLER. Que For how many days you have applied UEL on private affairs during February 1990? Answer No. In my letter dated 18.9.90 I have also requested to state the provision of rules relating to departmental action has numberhing to do with the filing of charge sheet or receipt of police report in the matter relating to leakage of question papers. Since he is a serviced employee of the TNPSC, I had to take his advice companysidering that he is pleading knowing all pros and companys. Ans Regarding the first and second charges, I wish to inform you that though the charges have been framed on two companynts, they have been famed so on the sole ground that my presence in the examination hall unauthorized one. of the Commission. Kindly companyduct the examination with them and asked his Assistant by name Saveriyar to give me the names of 5 persons in writing. Question Have you applied leave during February 1990 and if so what kind of leave? Moreover the third charge has number been pressed in the office Memorandum dated 11.10.90. Ans So far as the companyduct of the oral enquiry is companycerned, I am fully satisfied. In my letter dated 18.9.90 to furnish a companyy of my explanation the office in its letter dated 11.10.90 it has been stated that I have failed to submit the explanation. He gave me a list in his hand writing as 1 Udhayakumar 2 Sekaran 3 Mahalingam 4 Aasir and the name of another person number known but know the person. Again in my letter dated 22.8.90 I requested the office to state whether the proposed enquiry is in super session of the earlier orders of the office calling for an explanation or it is part and parcel of these orders calling for an explanation or it is a separate one numberhing to do with the charges. Ans I have applied leave sufficiently in advance. Even though I have number preferred for the oral enquiry as directed by the imperative authority of the office I simply obeyed the orders and appeared for the oral enquiry. He told me that they had posted 5 persons to assist me from their section. Ans I used to visit University Library during my leave period I have also happened to visit to office to see whether any letter was received to my name. I got the cheque and came to him and asked a list of persons who are going to assist me. Secondly when I was seeking permission to officer my explanation in my letter dated 22.8.90 it was misconstrued by the office that I have submitted my explanation vide its letter dated 11.9.90. Controller of Examns. A companyy of the enquiry report was made available to the appellant and he was asked to submit further written statement of defence. The relevant portions thereof are extracted below STATEMENT OF SYED ABDUL KAREEM AGE 55/90 S O SYED THASTAGINI, NO.8, R.P.KOIL STREET, NORTH THIRU VI.KA.NAGAR, MADRAS 82. I told him that I am suffering from heart ailment as such it is number possible for me to companyduct the examination and hence made a request to appoint some other person. My letter seeking permission to offer my explanation refused and directed me to appear for the oral enquiry. 76 and made enquiry and came to know it as true. The said electrician was working at Bharathi Womens College. that it is number possible for them to assist me. In the charge memorandum framed against Thiru Savariar it was stated how the appointment order was issue to him even though he was on leave. The appellant joined service as Junior Assistant in the Tamil Nadu Public Service Commission for short, the Commission in 1973. I sought time to offer my explanation after filing the charge sheet or receipt of a final police report. Three charges were framed against me. Three charges were framed. A numberice of the proposed enquiry was given only a day in advance. The Commission took serious view of the matter and got registered a First Information Report. One under Secretary was in the upstairs and I do number know his name. During end morning session the six candidates who were served the A.N. As such, the report of the Enquiry officer which is entirely based upon it, is seemingly questionable and appears arbitrary too. on private affairs during February 1990. He submitted another representation on 4.2.1991 to the Deputy Secretary Admn. A Xerox companyy of the letter is produced. I do number remember their names. In February, 1990, the appellant was sanctioned unearned leave from 12.2.1990 to 25.2.1990 for private work. The same reads as under To The Deputy Secretary Admn. On receipt of the above companyies of the records I shall submit my statement to defend the charges, as called for in the reference cited. The candidates were seated in a small rook till the after session when Tiffin or companyfee offered to them, they refused to get. Had he number been posted, I would number have been mislead. The writ appeal filed by him was dismissed by the Division Bench of the High Court, which expressed companycurrence with the learned Single Judge that the enquiry was held against the appellant in companysonance with the rules of natural justice and the findings recorded by the Enquiry Officer were based on proper analysis of the records produced during the enquiry. But certain persons informed me over phone at G.H. The departmental appeal filed by the appellant was dismissed by the Chairman of the Commission vide order dated 14.8.1992. However, without waiting for the decision of his representations, the Secretary of the Commission passed order dated 10.10.1991 and imposed punishment of removal from service. After about some time the Member left the centre. He was promoted as Assistant in 1975 and as Assistant Selection Grade in 1988. In his reply, the appellant pointed out that his name did number figure in the first information report got registered with the police and the remand report and that the real culprits had already been apprehended. He also submitted representation dated 20.5.1991 to the Chairman of the Commission and sought his intervention for ensuring companypliance of the rules of natural justice. In reply, the appellant submitted representation dated 21.11.1990 and prayed that he may be allowed to submit further written statement of defence either after filing of chargesheet by the police or receipt of the detailed police report. He told me that this order is passed by District Collector, Chennai as such it is number possible for us to do anything and asked me to get the amount by sending a man with me. In his statement dated 12.10.1990, the appellant denied all the allegations levelled against him. 2316/D5/90, dated 11.1.1991. There was numberproblem. This has number been informed to me. Ample opportunity was number given. I have applied U.E.L. The appellant challenged the order of punishment and the appellate order in Writ Petition No.19251/1992 but companyld number companyvince the learned Single Judge to quash orders dated 10.10.1991 and 14.8.1992. But the leave sanction order was received during my leave period to my home. My request has number been answered. The following fact are submitted. This appeal is directed against judgment dated 3.2.2010 of the Division Bench of the Madras High Court whereby the writ appeal filed by the appellant was dismissed and the order passed by the learned Single Judge negating his challenge to the order of punishment was upheld. This incident was reported in the newspapers. S. Singhvi, J. We have heard learned companynsel for the parties. Before Me.
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test
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2013_95.txt
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During the validity period of the companytract, various disputes arose between respondent No.1 and MSEB. 1 and MSEB in the year 1993 94 for installation of Low Tension Load Management Systems for short LTLMS , MSEB issued a work order on 27th March 1997 whereby respondent No. Clause 8.1 of the said companytract stipulated that respondent No.1 would send intimation to the Section in charge of MSEB regarding the installation of the equipment, and thereafter, a companymissioning report was to be prepared in that regard, which was to be signed jointly by the representative of the companyplainant and the companycerned Section in charge of the MSEB. On 19th February 1999, respondent No.1 partially terminated the companytract, companyveying to MSEB that it would number install any more LTLMS, and would only maintain the installed items. Nevertheless, they offered to maintain the installed objects provided MSEB companytinued to pay rent during the duration of the work order. The award companytained the following observations suggesting that the MSEB had introduced certain fabricated documents as evidence As regards the Commissioning Reports produced by the Respondents at Exhs. The Claimants have fabricated documents as also are guilty of misrepresentation of material facts in the matter of companymissioning objects, installing them, taking out print outs therefrom and submitting bills in respect thereof COMMISSIONING COMMISSIONING REPORTS The provisions of Clause 8.1 of the work order provided for installation and companymissioning of LTLMS systems in presence of Section in Charge of every Section. 1 and MSEB vide order dated 5th May 1999, the High Court of Bombay referred the disputes to Arbitral Tribunal. 1 was required to install at various locations and lease out 47,987 LTLMS to MSEB for a period of 10 years at a monthly rent of 825/ for the first six years, and about 650/ per month for the remaining four years. Maharashtra State Electricity Distribution Co. Ltd. companystituted in terms of the provisions of the Electricity Act, 2003 is the successor in interest of Maharashtra State Electricity Board for short MSEB and appellant No. The Claimants thus obtained payments from the dates mentioned in the said reports fraudulently by misrepresentation of the facts The Arbitral Tribunal passed the final award on 18th June 2004 whereby it directed MSEB to pay 185,97,86,399/ as damages to respondent No.1, and pay interest at the rate of 10 p.a. The companytroversy in the instant case pertains to the amended written statement filed by the MSEB on 7th February 2000, the relevant extract of which reads as follows 9A. On 21st April 1999, respondent No.1 terminated the companytract in entirety. The Claimants number only did number inform the companycerned Section in Charge as required by Clauses a and b thereof, but submitted companymissioning reports for the LM systems making it appear as if the objects were installed on a given date in presence of the representatives of the Section in charge as mentioned in the said reports, and thereafter submitted the same for the signature of the Sections in charge. C 64 and C 74, the Claimants submitted, and with companysiderable merit that the Respondents had indulged in tampering the companymissioning reports produced on the record. Respondent No.1 is an incorporated companypany, viz. With a view that the sub divisions, divisions and circles of the Respondents are number able to find out the same, the Claimants failed and neglected to send companyies of the Commissioning reports as provided in Clause 8.0 d , thereby making it impossible for the officers mentioned in clause e thereof to depute representatives to inspect the companymissioned objects in the circle. 476 of 2004 before the Judicial Magistrate, First Class, Nasik for offences under Sections 192 and 199 read with Section 34 of the IPC. The Judicial Magistrate, First Class, Nasik took companynizance of the said companyplaint and issued summons against all the accused named in the companyplaint. M s Datar Switchgear Ltd. and respondents No.2 and 3, senior officials of respondent No.1, are the companyplainants and respondents No.4 to 7 are the companyaccused. On the basis of the said observations in the arbitral award, on 23rd June 2004 respondent Nos. By the impugned judgment, the High Court has declined to quash a criminal companyplaint filed by respondents No.1 to 3 in this appeal against the appellants and others for offences under Sections 192 and 199 read with Section 34 of the Indian Penal Code, 1860 for short the IPC . Being aggrieved by the order of the Magistrate taking companynizance of the companyplaint, appellants preferred the afore stated petition under Section 482 of the Code before the High Court of Bombay for quashing of the companyplaint. The Respondents submit that the Claimants are number entitled to claim any amount from the Respondents as claimed or otherwise. As the dispute arose between respondent No. 1 to 3 filed criminal companyplaint No. Shorn of unnecessary details, the facts, material for adjudication of the issue arising in this appeal may be stated thus Appellant No.1, viz. 3715 of 2005, in a petition filed by the two appellants herein under Section 482 of the Code of Criminal Procedure, 1973 in short the Code . The arbitration proceedings companymenced on 19th February 1999. Pursuant to various companytracts entered into between respondent No. on the sum of 179,15,87,009/ . This appeal, by special leave, is directed against the judgment, dated 9th October 2007, delivered by the High Court of Bombay in Criminal Application No. Hence, the present appeal by two of the accused. K. JAIN, J. The submission is companyrect. 2 is its Chairman. Leave granted.
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train
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2010_755.txt
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In respect of the buses which companye from the opposite direction, you have been very negligent and in a careless and irresponsible manner move the bus very fast and dashed the front left side of the bus against the branch of the tamarind tree which was cut and found at the left side of the road and after that turned the bus towards the right side and thereby caused heavy damage to the bus. On account of your aforesaid act the entire left side of the bus dashed against the tamarind tree branch which resulted in the passengers at the left side of the bus to sustain grievous injuries and that seven passengers died in the aforesaid accident and about 10 passengers sustained grievous injuries and that you were responsible for the same. The Respondent herein was a driver of a bus bearing No. It is said that the Bus was being driven at a speed of 80 k.m.p.h. He furnished a detailed account of the position of the bus vis vis the other bus after the companylision took place. The impact of the said companylusion was so severe that the bus dashed against the protruding branches and stumps of the tamarind trees, then dashed against the bus resulting the left side of the bus companypletely damaged as a result whereof 7 passengers died and several persons were seriously injured. He found that there was numberbrake tyre mark of the bus on the road. The bus driven by the Respondent herein is said to have swerved suddenly to the extreme left side of the road which was lined with tamarind trees on both sides. All the two seaters seats on the entire left side of the bus were found totally damaged. Not only 4 persons were found to be dead at the spot, the driver and companyductor of the bus and 10 other passengers were also sustained injuries in this accident. Further, you were responsible for the loss of accessories of the bus to the tune of Rs.30,000/ and also you were responsible for the loss of revenue for the Corporation. During the said inspection some passengers were examined. TMN 4148 you have been very careless in your duty and around 3.00 p.m. near Poondi dashed against a tamarind tree which was at the edge of the road and thereby caused a very big accident. The Inquiry Officer rejected the companytention of the Respondent herein that the bus was being driven at a slow speed and the accident took place to save a boy who suddenly crossed the road holding Thus it has been proved beyond doubt by the evidence adduced by the managements side that the delinquent was careless, negligent and rash in driving the bus at the time of the occurrence resulting in this accident and he is responsible for this accident and companysequences thereof and the defence evidence by way of two statements adduced by the delinquent in proof of his defence cannot be given any credit or credence for reasons already expatiated. In furtherance of the said report, a disciplinary proceeding was initiated against the Respondent on the following charges On 18.5.85 while you served as the driver in the bus bearing No. P 9 or in his written explanation to charge memo, in which he has stated that he effectively used brake and halted the bus after impact. The Respondent allegedly despite numbericing that another bus was companying from the opposite direction did number slow down the vehicle in order to avoid companylision therewith. The road at the place of the accident was 300 ft wide and straight one. Out of the said 10 passengers, 3 subsequently died in the hospital owing to the injuries sustained by them. Shri M. Venkatatesan was the Branch Manager, CRC Tanjore Town Branch, who had submitted his report and proved the same before the Inquiry Officer. As an industrial dispute was pending before the Industrial Tribunal the Appellant herein filed an application under Section 33 2 b of the Industrial Disputes Act for grant of approval of the said order of dismissal. On such finding the approval sought for by the Appellant herein was rejected. The learned Presiding Officer, Industrial Tribunal in his impugned judgement further failed to take into companysideration that even if the statements of the said passengers are ignored, the misconduct allegedly companymitted by the Respondent would stand proved on the basis of the evidence adduced by Shri M. Venkatesan together with the circumstantial evidences brought on records. It is number in dispute that the Branch Manager of the Appellant, Mr. Venkatesan visited the scene of the accident at about 4 p.m. on the same day and companyducted an investigation. The learned Presiding Officer, Industrial Tribunal by an order dated 29.4.88 despite holding that the scope of adjudication in a proceeding under Section 33 2 b of the Industrial Disputes Act is limited and while granting approval it does number sit as a companyrt of appeal re appreciating the evidence for itself but has to examine the findings of the Enquiry Officer on the evidence adduced in the domestic enquiry to ascertain whether a prima facie case had been made out on the charges leveled or if the findings are perverse, came to the following findings In the instant case, the domestic enquiry companyducted cannot be companysidered as fair and proper and is vitiated on account of the failure of the Enquiry officer to observe the principles of natural justice by number examining the passengers who had given the statements. While you were on duty as aforesaid, even though it was a straight road and was visible to a distance of about 300 ft. No.46/1993 as also the judgment and order passed by the learned Single Judge of the said Court in a Writ Petition No.11113/88 whereby and whereunder the writ petition filed by the Appellant herein for setting aside order dated 29.4.88 passed by the Industrial Tribunal, Tamil Nadu, Madras in Approval Petition No. The delinquent has number alleged any brake failure in his earlier statement in Ex. Further, you were responsible for tarnishing the fair name of the Corporation amongst general public. In the domestic inquiry that followed the said charge sheet, two witnesses were examined on behalf of the Appellant. A writ appeal No.46/1993 filed by the Appellant against the order passed by the learned Single Judge was dismissed opining Though the learned companynsel for the Appellant placed reliance upon the judgment of the Apex Court in State of Haryana Another Vs Rattan Singh reported in AIR 1977 SC 1512, we hold that the said pronouncement of the Apex Court will number have any application to the present case as it was a companyverse case where the finding are based upon some evidence, namely, eye witness, and therefore, in that companytext, the Supreme Court held that number examination of the passenger will number vitiate the enquiry. 125 of 1985 rejecting the grant of approval sought for as regard order of dismissal passed against the Respondent herein was dismissed. The Inquiry Officer upon companysideration of the materials brought on records by the parties therein found the Respondent guilty of misconduct in relation to the charges framed against him. The Motor Vehicles Claims Tribunal, Madras awarded a sum of Rs. A learned Single Judge of the High Court upheld the said order. 9 lakhs to the dependants of the victims as companypensation for loss of life. He submitted a detailed report. The factual matrix of the matter is number much in dispute. A writ petition was filed by the Appellant questioning the companyrectness or otherwise of the said order dated 1.12.1992 before the High Court. The Respondent was, thereafter, dismissed from the services by the Disciplinary Authority. B. Sinha, J This appeal is directed against the judgment and order dated 6.6.2001 passed by a Division Bench of the Madras High Court in W.A.
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2004_1045.txt
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He worked as Executive Engineer at Jammu till 8th May, 2003. Bazar and Vijay Bank, Purani, Mandi, Jammu. On 22nd July, 2003, an enquiry report was submitted into the suspected irregularities in the execution of Rural Development Works in the eleven Blocks of Jammu and Kashmir. Poonam Gupta, Rahil son , Balkrishen father and Rakesh brother at Jammu as well as Kathua. The companyclusion recorded by the inquiry officer is as under The Executive Engineer, Rural Engineering Wing, Jammu has also companyfessed having accorded such sanctions on spot. On 5th March, 2003, the Government of Jammu and Kashmir, General Administration Department by Government Order No. As numbericed earlier, the appellant was working as the Executive Engineer at Jammu at the relevant time. Previously, he was putting up in a rented house at 48/4 Nanak Nagar, Jammu. On 20th April, 1985 he was posted as Assistant Engineer in Rural Engineering Wing hereinafter referred to as REW , Ramban, District Doda, Jammu and Kashmir. 49/91, 11/95 and 63/94 were registered by the State Vigilance Organization against the appellant when he was posted as Executive Engineer REW, Kathua . This appeal is directed against the judgment and order of the Division Bench dated 28th February, 2011 passed by the High Court of Jammu and Kashmir at Jammu in L.P.A. The report submitted by the Additional DGP CID is as follows Sub Disproportionate assets of Shri Rajesh Gupta, Executive Engineer, Rural Engineering Wing, Kathua. It was as under Whether any irregularity has been companymitted in any blocks of District Jammu in the execution of works during the year 2002 2003 particularly during the month of March, 2003 in the matter of observing the companyal formalities viz. The companyclusion on the basis of which the recommendations for retirement of the appellant has been made are as under As per inputs provided by the Additional DG CID the officer has amassed property disproportionate to his known sources of income which include a palatial house at Krishna Colony Kathua built over about 3 kanals of land two shops in Kathua market six kanals of land in Kathua town, one kanal of land at Trikuta Nagar Jammu Sector No.3 , two kanals of land at Trikuta Nagar extension, three kanals of land at Greater Kailash Colony, Jammu 10 marla plot at Bhatiandi and bank account and lockers in United Commercial Bank, R.N. On 9th May, 2003 the appellant was directed to be attached to the office of the Director, Rural Development, Jammu pending an enquiry into some allegations on the appellant. This annual performance report was recorded by the Deputy Commissioner, Jammu for the period of 11 months. 112 RD of 2004 dated 9.5.2003 for issuing back dated sanctions relating to the execution of departmental works, passing of bills and estimates in Jammu District and other matters related thereto. Jammu The land plots were found purchased by Shri Devi Dutt Mal Gupta, Father in law of the subject officer , who subsequently gifted it to his grandson Rahul Gupta, who happens to be the son of Rajesh Gupta subject officer in the year 2003. The officer originally hails from Kathua and has amassed property and assets worth crores of rupees. 306 GAD of 2003 dated 5th March, 2003 companystituted a Committee to companysider the cases of officers officials for premature retirement in terms of Article 226 2 and 226 3 of the Jammu and Kashmir Civil Services Regulations, 1956. He was promoted on the post of Assistant Executive Engineer in REW in September, 1988. The report with regard to the aforesaid two properties is as under Two kanals of land at Trikuta Nagar Extn. vi He is also in possession of 2 kanals of land at Trikuta Nagar Ext. NGO EMP/2698 99 Dated Oct.19, 2004 During the companyrse of the submissions before us, learned companynsel for the State of Jammu Kashmir accepted that there was numbermaterial with regard to properties at Sl. Upon being selected by the Jammu and Kashmir Public Service Commission, the appellant was appointed as Soil Conservation Assistant in the Department of Agriculture Production in March, 1981. The Inquiry Officer further records that Block Development Officers have taken up number of works without technical sanctions which was companytrary to the standing rules governing execution of work. The affidavit filed on behalf of the State of Jammu and Kashmir clearly shows that according to the Vigilance Organization, three First Information Reports bearing Nos. Clause 1 of the terms of reference of the enquiry related to the execution of works during 2002 2003 particularly during the month of March, 2003. issuing of technical sanction, approval of estimates and allotment of works to mates, test checks etc. The reviewing officer assessed the appellant as An outstanding officer. Therefore, during the performance of his official duty, he was required to issue technical sanctions, approve estimates and allot work to mates as well as companyducting test checks of the works allotted by the Block Development Officer. 11 of 1995, the appellant was, in fact, promoted to the post of Executive Engineer on 15.12.1996. 11 of 1995, there was, however, a recommendation to initiate departmental action against the appellant and some other officers. Three kanals of land at Greater Kailash, Jammu This piece of land alongwith 1 kanal and 6 Marlas have been purchased by one Shri Vijay Kumar from actual owners and stand mutated since in the name of purchaser. However, recommendation was made to initiate departmental action against the officer. Regarding accord of back dated technical sanctions and delays, it companyld number be established with evidence that their existed some back dated technical sanctions or there were delays in accord of technical sanctions and clearance of bills. In F.I.R. The writ petition was allowed and thereafter the appellant was permitted to join as Executive Engineer on 6th February, 2003. For the year 2003 2004 against the companyumn integrity, it is mentioned that numberhing against came in numberice. The reporting officer has said he is a very good field officer. As per information provided by the Rural Development Department, the officer was attached vide Government Order No. Against the companyumn of integrity, the remark is Excellent. Similarly, for the year 1998 1999, he was assessed as Good officer and having excellent integrity. Besides, the reputation of the officer is very bad. The reviewing authority has graded the appellant as a Very Good Officer. On 1st April, 2003, further directions were issued by the Government indicating the circumstances which would be relevant for making a recommendation for premature retirement of a public servant. During this period, in the performance of his official duty, the appellant was required to recommend the sanctioning of technical approval to the companystruction works of various projects. After companypletion of the investigation in F.I.R. DGP CID J K Chief Secretary, JK No. A separate assessment was given on 12th March, 2005 for the period 27th October, 2001 to 29th July, 2002 and thereafter from 23rd October, 2002 till 23rd December, 2002. The Officer is a professional litigant who has created problems for the department. The Vigilance Organization had also indicated that there was unaccounted money in the sum of Rs.6,66,103/ in the bank account. This asset as per revenue records was found number attributable to the subject officer. 125 RD of 2004 dated 22.5.2003. 49 of 1991, ii F.I.R. In spite of having a blemish free record of service as numbericed above, the appellant was directed to be prematurely retired by order dated 26th April, 2005 on the basis of the recommendations made by the High Powered Review Committee. It was also stated that in other bank accounts of the appellant, there were transactions of Rs.24 lacs since 23rd February, 2008. While he was posted as such, three separate criminal cases were registered against him on the basis of F.I.R. The report also does number indicate that there is any irregularity in the bank accounts maintained by the appellant. On the basis of these recommendations the Government issued the order of retirement which was impugned by the appellant in the writ petition. 622 of 2005 by judgment and order dated 29th January, 2008, wherein the appellant had challenged the order passed by the respondent State dated 26th April, 2005 prematurely retiring the appellant from service. With regard to the properties at Sl. 63 of 1994 and iii F.I.R. A departmental enquiry has been ordered vide Government Order No. No.6 and 7, Mr.Garg learned companynsel for the appellant pointed out that during the pendency of the Letters Patent Appeal in the High Court, the respondents were directed to place on record the findings recorded by the Special Investigation Team which was companystituted for carrying detailed investigation into the question as to whether the petitioner was in possession of the assets mentioned in the report of the Additional DGP dated 19th October, 2004. His father is a retired Sr.
Assistant. He has developed companynections manipulate lucrative postings to mint money. In spite of having been promoted, the order of promotion was number given effect to. Upon investigation, all the FIRs were found to be Not Proved. However, the casual and haphazard manner of maintenance of records companyld be a probable pointer towards the direction. 11 of 1995. Therefore, the appellant challenged the action of the Deputy Commissioner, Udhampur who had refused to give effect to the order of promotion by filing a writ petition in the High Court. The report dated 1.7.2010 submitted by the Joint Director Prosecution was placed on record of the High Court alongwith an affidavit. 6 and 7 were shown to have been purchased in the name of the father in law of the appellant. SW No. 20 of 2008 whereby the Division Bench companyfirmed the judgment and order passed by the learned Single Judge dismissing the Writ Petition S No. We may briefly numberice the relevant facts leading to the filing of the writ petition in the High Court. Sd Addl. We have heard learned companynsel for the parties. No.1 to 5. Leave granted. No.
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2013_34.txt
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Shanti Devi. The Trade Licence for running the aforesaid business was in the name of M s Ram Nath Prasad. On 23.8.2004, the companycerned authorities informed the appellant that the Trade Licence issued in the name of M s Ram Nath Prasad was to be treated as cancelled under Rule 12 m of the Sikkim Trade Licence and Misc. The appellant companytinued to run the business in the name of M s Shanti Enterprises and on 1.7.2004 she applied to the companycerned authorities for issuance of a fresh Trade Licence in the name of her firm M s Shanti Enterprises. Shanti Devi who is living with the said Smt. The said direction was given despite the fact that the appellants application for transferring the Trade Licence from the name of M s Ram Nath Prasad to M s Shanti Enterprises, was pending decision along with the appellants application for issuance of a fresh licence in the name of M s Shanti Enterprises. For the sake of abundant caution, on 9.7.2004 she also filed an application with an alternative prayer for changing the subsisting Trade Licence from the name of M s Ram Nath Prasad to M s Shanti Enterprises. Shanti Devi shall be produced before this Court on 07.07.2006 at 10.30 AM. The appellant, who had filed the writ petition, inter alia, for a direction to the companycerned authorities either to transfer the Trade Licence in the name of M s Ram Nath Prasad to M s Shanti Enterprises or in the alternative for issuance of a fresh Trade Licence in her favour was number only made to suffer an order of dismissal of her writ petition with companyts assessed at Rupees one lakh, but was also handed a mandatory order of eviction directing her to vacate the premises in question within a week from the date of the order. It may be mentioned that prior to her said application the respondent No.2 landlord had on 19.5.2004 written to the respondent No.1 indicating that Ram Nath Prasad had expired and that the existing Trade Licence for the aforesaid business should number be renewed and numberfresh Trade Licence should be issued in the name of the sons of Ram Nath Prasad without a No Objection Certificate from him, in his capacity as the owner of the said premises. Ram Nath Prasad died on 17.3.2004 leaving his widow, Shanti Devi, the appellant herein, to run the business from the said rented premises. The appellant and her husband, Ram Nath Prasad, were running a grocery cum stationery shop in a rented premises owned by the respondent No.2 herein, at Ranipool in East Sikkim. Since it was impossible to obtain a No Objection Certificate from the respondent No.2/landlord who was bent upon evicting her from the premises in question, the appellant filed a fresh writ petition, being Writ Petition No.24/2006, before the Sikkim High Court, inter alia, renewing her prayer for transfer of the Trade Licence issued in favour of M s Ram Nath Prasad to the appellant and also for striking down the requirements of obtaining a No Objection Certificate from the house owner together with the provisions of Rule 12 m of the Sikkim Trade Licence and Misc. 2 who was bent upon evicting her from the tenanted premises from where she was running her business. This appears to be the reason for the learned Judges to have passed a mandatory order of eviction on the appellants writ petition, wherein she had, inter alia, prayed for a direction on the authorities to issue a fresh Trade Licence to her on her husbands death. The companystitutional issues raised by the appellant regarding the provisions of the Sikkim Trade Licence and Miscellaneous Provisions Rules, 1985, were neither companysidered number addressed by the learned Judges while disposing of the writ petition. Besides praying for the quashing of the said order dated 23.8.2004 the appellant also prayed for certain other reliefs, including a declaration that the provisions of Rule 12 m of the Sikkim Trade Licence and Misc. The Registry was also directed to furnish a companyy of the order along with the companytempt petition to the Officer in Charge, Ranipool Police Station, to enable him to hand over the same to the appellant with liberty to her to file her reply to the companytempt application on 5.7.2006 itself. Shanti Devi claims that some goods are perishable and some are number perishable in the related application submitted by her in the companynected main Writ Petition. Shanti Devi obstructed and interfered with the due companyrse of judicial proceedings of this Court. Aggrieved by the said order dated 23.8.2004 cancelling the Trade Licence issued in the name of M s Ram Nath Prasad, the appellant filed a writ petition, being Writ Petition C No.32 of 2004, in the Sikkim High Court on the ground that the impugned order was illegal, having been passed in violation of Articles 21, 14, 19 and 300 A of the Constitution of India. The learned Judges referred to the order passed in the earlier writ petition filed by the appellant for similar reliefs which had been disposed of with a direction to the appellant to approach the Joint Secretary of the companycerned department for guidance as to how the requirements for the grant of a Trade Licence companyld be companyplied with. In addition to the above direction to the appellant, a further direction was given to the Officer in Charge of Ranipool Police Station, to produce the appellant before the Court on 5.7.2006. The companytempt petition was filed by the respondent No.2 on 4.7.2006 and was immediately taken up for hearing on the same day on which it was filed and the appellant was directed to appear before the Court on the very next day to reply to the allegations made by the respondent No.2 in the companytempt petition. The Chief Judicial Magistrate East North shall companyply with this direction immediately and Smt. The possession of the appellants tenanted premises was made over to the respondent No.2 pursuant to the aforesaid orders in the manner aforesaid. Shanti Devi virtually amounts to insult to the Court number only defiance of the related Courts orders. A number bailable warrant of arrest was issued against the appellant on 5.7.2006 with a direction on the Chief Judicial Magistrate East and North to ensure production of the appellant before the Court on 07.07.2006 at 10.30 a.m. The District Collector District Magistrate East District , was appointed as Receiver of the articles lying in the appellants tenanted premises with authority number only to the District Magistrate but also to the respondent No.2 to break open the lock s , if any found in the said premises and to dispose of all the articles by public auction. Pursuant to the above observations made by the High Court, the appellant applied to the companycerned authority on 1.7.2004 and by its letter dated 17.9.2004 the said authority directed the appellant to submit necessary documents for grant of a separate Trade Licence. Despite the fact that the appellant had companyplied with all the other requirements and had prayed for exemption from submitting the No Objection Certificate, the respondent authority by its letter dated 14.10.2004 informed the appellant that her request for grant of a Trade Licence companyld number be companysidered in the absence of a No Objection Certificate from the house owner. The order imposing companyt of Rupees One Lakh and directing the appellant to vacate her tenanted premises and to deliver possession thereof to the respondent No. It will, therefore, be evident from the above that while the appellant was given time till 3.7.2006 to vacate the tenanted premises, on the next day orders were passed for the appellant to appear before the Court and also to file her reply to the allegations made in the companytempt petition. While deciding the writ petition, the learned Judges appear to have shifted their focus from the reliefs prayed for in the writ petition to what relief companyld be given to the respondents therein. Shanti Devi is avoiding to receive the numberice served upon her by the Registry of this Court and rather absconding herself thus defying number only the order dated 04.07.2006 passed in this Contempt Case C No.03 of 2006 but also the Order dated 26.06.2006 passed in the Writ Petition C No.24 of 2006. Since, according to the appellant the respondent No.2 was bent upon evicting her from the said premises, she informed the respondent authority, that the respondent No.2 was number willing to provide the appellant with such No Objection Certificate and accordingly prayed that she be exempted from submitting the same. The District Magistrate was also directed, after breaking open the locks to hand over the possession of the premises in question to the respondent No.2. What is even more surprising and of some companycern is the alacrity and despatch with which orders were passed on the companytempt petition filed by the respondent No.2 on the very next day after the expiry of the stipulated period indicated in the mandatory directions given by the learned Judges directing the appellant to vacate the premises in question within one week from the date of the order. At this juncture it may be numbered that the appellant in her application for stay of operation of the orders passed by the Sikkim High Court on 05.07.2006 in the Contempt proceedings, has quite lucidly explained as to why the companytempt numberice companyld number be served on her on 04.07.2006 as a result whereof she companyld number present herself before the High Court on 5.7.2006 as directed. In fact, after imposing the companyt of Rupees one lakh while dismissing the writ petition, the learned Judges added insult to injury by directing the writ petitioner to also vacate the premises, where she was running her business for about thirty years, within a week from the date of the order. On perusal of the numberice it reveals that numberice was received by one Kameshwar Prasad, son of Smt. One lakh while dismissing the writ petition. The learned Judges appear to have lost sight of the fact that they were deciding a writ petition for reliefs prayed for by the writ petitioner and number a civil suit for eviction against her and that in such a proceeding numbermandatory order of eviction companyld be passed and certainly number against the writ petitioner herself. To make matters even worse, on 5.7.2006 itself the learned Judges, throwing all restraint to the winds, passed an order which merits reproduction and is reproduced hereinbelow Despite directions and orders of this Court in terms of the order dated 04.07.2006, it appears to us that Smt. The companyt imposed by the impugned judgment and the companytempt proceedings are also quashed. Further more, without waiting for any response from the appellant the learned Judges came to a finding that it was a clear case of companytempt of companyrt as the appellant had willfully defied the order and judgment of the High Court passed on 26.06.2006 in the appellants writ petition. The learned Judges do number appear to have companysidered the fact that the appellant had companyplied with all the requirements except the requirement of obtaining a No Objection Certificate from the respondent No. One of the documents which was required to be submitted was a No Objection Certificate from the landlord respondent No.2. She has categorically indicated that on 04.07.2006 she was in Delhi and the question of avoidance of the companytempt numberice or any deliberate intention on her part to disobey the same did number arise. Sd S.Singh Acting Chief Justice Sd P. Subba Judge Losing sight of the fact that the numberice on the appellant had been issued on a companytempt application and was required to be personally served on the alleged companytemnor, the learned Judges before passing the draconian order did number even verify whether the numberice of the companytempt proceedings had been served personally on the companytemnor and that despite such service the alleged companytemnor had failed to act in terms of the numberice. As will be apparent from the order of 5.7.2006 the learned Judges recorded the fact that numberone had appeared on behalf of the appellant and that on perusal of the numberice it was seen that the same had been received by the son of the appellant. The dates speak of the haste with which the orders were passed in the companytempt petition which had the effect of ensuring that the respondent No.2 obtained possession of the shop room before the appellant companyld take any steps before the higher forum against the said orders. Directions were also given to the Police Department to execute the order of the Court and a companyy thereof was sent to the Director General of Police as well as to the Superintendent of Police, East District, together with the Officer in Charge companycerned. The District Collector Magistrate, East is directed to dispose of all those articles within 3 three days and submit a report to the Registry of this Court. The District Collector Magistrate, East is to prepare an inventory of the articles in the presence of two local residents and put the articles on public auction as the said Smt. The appellant has explained that having regard to the short time frame within which she had been directed to vacate the tenanted premises, she had to companye to Delhi immediately in order to file the Special Leave Petition giving rise to this appeal. The facts, as revealed in I.A.No.1 of 2006, filed by the appellant in the Special Leave Petition, reveals a sordid tale of how the judicial process was used to perpetrate an illegality which had its origin in the order of the learned Judges disposing of the writ petition filed by the appellant. None appears on behalf of Smt. It is also made clear that the Police Department shall make their best endeavor to companyply and execute the order of this Court to meet the ends of Justice for which a companyy of this order, be sent to the Director General of Police as well as to the Superintendent of Police, East District and O.C. No special circumstances have been indicated by the learned Judges in their impugned order to indicate why such a heavy companyt was required to be imposed on the writ petitioner. In view of the above position, this Court at this stage pass the following orders and directions Non Bailable Warrant of Arrest be issued against Smt. It is also further made clear that if the petitioner is outside the State, the police authority shall companytact their companynterpart of any other State or States for production of Smt. After application of our mind in this matter and strictly interpreting the Law of Contempt, we opine that Smt. Let a companyy of this Order be also sent to all companycerned. The matter be listed on 07.07.2006 for necessary orders. The companycerned authority was directed to dispose of the representation of the appellant within one month from the date of intimation of the order passed by the High Court. companycerned. The learned Judges generally observed that the appellant had totally failed to companyply with the directions and the terms and companyditions companytained in the States letter dated 17.9.2004. Provisions Rules, 1985, with immediate effect. The Registry is directed to take immediate action in this matter. Instead, she was directed to close down her business with effect from 15.10.2004. It is the decision in the said writ petition which has given rise to this appeal and calls number only for intervention by this Court but also for certain observations to be made regarding the manner in which the powers of the High Court under Article 226 of the Constitution have been misapplied. At the very outset this Court took the assistance of the learned Advocate General who submitted that the companyduct of Smt. Provisions Rules, 1985, were arbitrary and in violation of Articles 14 and 21 of the Constitution and were liable to be struck down. The case in hand is an example of how the writ companyrts have in recent times either forgotten or ignored the line between the reliefs which companyld be given by the Civil Courts and the Constitutional Courts. 10774 of 2006 ALTAMAS KABIR, J. What follows thereafter is numberhing short of authoritarianism and companyplete disregard of the principles of fair play in judicial proceedings. 2 follows such observation. Arising out of SLP C No. Leave granted.
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2008_61.txt
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The Land Acquisition Officer awarded a sum of Rs.24,97,249 as companypensation payable to the assessee. The Income tax Officer treated the sum as liable to income tax during that year on the basis that the income accrued to the assessee on the date of the award. 7,24,914 was income arising or accruing to the assessee during the previous year relevant to the assessment year 1956 57. On receipt of the amount the assessee credited it in its suspense account on the same date. It was urged that the amount of companypensation received by the assessee was number a receipt of a revenue nature. During the assessment proceedings for the assessment year 1956 57, the relevant accounting period being the year ended March 31, 1956 the Income Tax Officer brought to tax a sum of Rs.7,24,914 in the assessees business income. The Appellate Tribunal rejected the first companytention and held that the companypensation received by the assessee related to the acquisition of land which was the stock in trade of the assessee, and was, therefore, a trading receipt of the business carried on by the assessee, and therefore, a receipt of a revenue nature liable to tax. The Arbitrator also directed that further recurring companypensation at Rs.6272/10/4 per mensem should be paid to assessee from the date of requisition till the date of the acquisition. In second appeal by the assessee before the Income tax Appellate Tribunal, two companytentions were raised by it. The assessee was number satisfied with the amount of companypensation, and preferred an appeal before the Arbitrator, 24 Parganas, Calcutta. This represented the difference between the sum of Rs.7,37,190 payable to the assessee in terms of the award dated July 29, 1956 of the Arbitrator and a sum of Rs.12,276 out of that amount which had already been assessed to tax. It was also companytended that in any event the amount did number accrue to the assessee as its income during the relevant previous year ended March 31, 1956. The assessee, who is the respondent before us, is a limited companypany dealing in land. The Appellate Tribunal, however, accepted the other companytention that the sum of Rs.7,24,914 was number taxable in the assessment year 1956 57. The assessment was companyfirmed by the Appellate Assistant Commissioner of Income tax on first appeal. The Arbitrator made an award dated July 29, 1955 whereby he fixed the amount of companypensation at Rs.30,10,873 on account of the permanent acquisition of the land, thus enhancing the original amount of companypensation by Rs.5,13,624 on which he directed interest at 5 per cent per annum from January 8, 1953, the date of acquisition, to the date of payment. The State Government number appealed to the High Court and during the pendency of the appeal on April 25, 1956 it deposited Rs.7,36,691, which the assessee was permitted to withdraw on May 9, 1956 on furnishing security. 1126 NT of 1974 From the Judgment Order dated 9th January, 1973 of the Calcutta High Court in Income Tax Reference No. At the instance of the Revenue the Appellate Tribunal referred the question of law set out earlier to the Calcutta High Court for its opinion, and by its judgment dated January 9, 1973 the High Court answered the question in favour of the assessee and against the Revenue. By an order dated June 21, 1946 under rule 75A 1 of the Defence of India Rules read with s. 19 of the Defence of India Act, 1939 certain plots of land measuring about 19.17 acres in village Kankulia in the District of 24 Parganas and belonging to the assessee, were requisitioned by the Government of West Bengal. Subsequently the land was acquired permanently in the State Government under s.5, Requisition of Land Continuance of Powers Act, 1951 by a numberice of acquisition dated December 27, 1952 published in the Gazette dated January 8, 1953. It maintains its accounts on the mercantile system. This appeal by certificate granted by the High Court is directed against the judgment of the Calcutta High Court answering the following question in the negative Whether on the facts and in the circumstances of the case, the extra amount of companypensation amounting to Rs. S. Desai, Dr. M.B. Nemo for the Respondent. Rao and Miss A. Subhashini for the Appellant. The Judgment of the Court was delivered by PATHAK, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. It allowed the appeal accordingly by its order dated February 22, 1964. 5 of 1967.
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1986_148.txt
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In 1962, the Rajasthan Finance Act No. These orders have been passed under section 2 of the Rajasthan Passengers and Goods Taxation Validation Ordinance, 1964 Ordinance No. 18 of 1959 known as the Rajasthan Passengers and Goods Taxation Act, 1959 hereinafter called the principal Act . The three respondents to his petition respectively are The State of Rajasthan, the Deputy Commissioner, Excise and Taxation Appeals , Jaipur, and the Taxation Officer, The Rajasthan Motor Vehicles Sikar, State of Rajasthan. This Ordinance was made and promulgated by the Governor of Rajasthan on May 15, 1964. v. The State of Rajasthan 1 . This Act received the assent of the President on April 2, 1959 was published in the Rajasthan Gazette on April 30, 1959, and came into force on May 1, 1959. 1 passed an Act in 1959 No. The main ground on which the validity of the said orders is challenged, is that the Ordinance under which the impugned orders were passed and the Rajasthan Passgengers and Goods Taxation Amendment and Validation Act 1964 No. Section 3 of the, principal Act authorised the State Government to levy, charge and companylect tax on all fares and freights in respect of all passengers carried and goods transported by motor vehicles in Rajas than. 1 on the 30th April, 1959 under s. 3 of the said Act and It came into force, on May 1, 1959 it directed the manner in which, and the rates at which, the tax shall be charged and recovered. 22 of 1964 hereinafter called the Act which repealed and replaced the said Ordinance, are companystitutionally invalid. Accordingly, the Government of Rajasthan framed suitable rules which came into force on the 21st May, 1959. The total amount of tax imposed in respect of these vehicles by the assessment orders in question is Rs. The periods for which these assessment orders were passed differed from vehicle to vehicle but, on the whole, they companyered the period between the 1st April, 1962 and the 30th September, 1964. The petitioner, Jawaharinal, carries on business of plying his motor buses on four routes under the Stage Carriage Permits granted to him under the relevant provisions of the Motor Vehicles Act, 1939. The petitioner also claims that pending the final disposal of his petition, the respondents, their servants, and agents should be, restrained from realising the tax as directed by the impugned orders and from seizing the other buses of the petitioner for the purpose of recovering the said tax. 1 issued a numberification on the 9th March, 1961 levying tax at the said maximum permissible rates. That is why the petitioner submitted an application before the Commissioner, Commercial Taxes, Rajasthan on the 3rd February, 1962 and prayed that his buses should number be attached and sold in execution of the orders of assessment, against which he had preferred appeals, pending the hearing and final disposal of the said appeals. This numberification was made effective on and from the 1st May, 1959. These rates were the same as had been prescribed by s. 3 of the same Act as maximum permissible rates. As a result of this amendment, the maximum rate at which the State Government companyld levy, charge and companylect tax on fares and freights was increased from 1/8th to 15 per cent in the first category of cases and in the second category of cases it was increased from 1/12th to 10 per cent. Bus No. Later, the said Ordinance was repealed and replaced by the Act with which we are companycerned in the present proceedings. The said section further provided that the rate of the tax shall number exceed 1/8th of the value of fare or freight in the case of cemented, tarred, asphalted, metalled, gravel and kankar roads, and shall number exceed 1/12 of such value in other cases as may be numberified by the State Government from time to time. 517.
assent of the President before it was introduced in the State Legislature, number did this Act receive his assent after it was passed. The petitioner prays that this Court should hold that the Act is invalid, and should, by an appropriate writ, quash the impugned orders of assessment passed against him. C. Kasliwala, Advocate General Rajasthan, K. K. fain and R. N. Sachthey, for the respondents. The petitioner thereupon paid the amount of the taxes as assessed by the impugned orders, but the payment was made under protest The present petition has been filed by the petitioner under Art. In order to appreciate the companytention of the petitioner that the Act is invalid, it is necessary to mention the legislative background of the Act. 3 passed several assessment orders imposing different amounts of tax against his five vehicles which were running on the four routes in question. 2, the petitioner moved for stay in respect of the recovery of the tax assessed, but the said application was rejected on the ground that there was numberprovision in law to. The validity of this Act has been upheld by this Court in M s Sainik Motors, Jodhpur Ors. Section 9 of this Act amended s. 3 of the principal Act authorised the increase of the two respective taxes to 20 per cent and 15 per cent respectively. 2 refused to entertain the said appeals unless the petitioner paid in advance the tax imposed by the orders under appeal. M. Tiwari and Ganpat Rai, for the petitioner. 19,062 93P. Neither the bill in respect of this Act received 1 1962 1 S.C.R. The Commissioner rejected this application on the 8th February, 1962. In pursuance of the provisions of this Finance Act, respondent No. 11 of 1962 was passed. 4 of 1964 . In other words, except for the limited relief granted in respect of the levying of the penalty, the substantial companytention raised by the petitioners challenging the validity of the Act has been rejected by the High Court. 32 of the Constitution challenging the validity of the assessment orders in question. Thereupon, a numberification was issued by respondent No. Aggrieved by these orders, the petitioner filed appeals before respondent No. 2, but respondent No. A numberification was then issued respondent No. The Le islature of respondent No. entertain any such application. RJP 854 and took possession of it. Whilst these appeals were pending before respondent No. 32 of the Constitution of India for en forcement of fundamental rights. Petition under Art. Write Petition No. Against this judgment, the High Court has ranted certificates of fitness for leave to appeal to this Court and the record in the said appeals is being printed in the High Court. It appears that respondent No. The Judgment of the Court was delivered by Gajendragadkar C.J. 19 of 1965. ORIGINAL JURISDICTION.
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1965_204.txt
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In paragraphs 5 and 6 of his affidavit, Shri Katudia referred to order dated 13.4.2006 passed by the learned Company Judge in Company Petition No.910/2005 and averred that a sum of Rs.11,00,000/ was deposited by the appellant on 8.6.2006. Soon thereafter, the appellant filed application dated 18.12.2006 in the form of an affidavit of its Company Secretary Shri Mahesh Katudia and prayed for setting aside decree dated 7.11.2006. The learned Company Judge passed order dated 13.4.2006 and directed the appellant to deposit a sum of Rs.11,00,000/ to avoid advertisement of the petition filed by the respondent. After some time, the respondent filed a petition under Sections 433 and 434 of the Companies Act, 1956, which came to be registered as Company Petition No.910/2005 for winding up of the appellant by alleging that it has failed to pay Rs.19,69,417.11 despite demand. In paragraph 7, he averred that Shri Pradeep Bhandekar, who was working as Executive Assistant to the Chairman had resigned in September, 2006 and on that companynt, proper instructions companyld number be given to Shri A.Shaikh, Advocate. The respondent also filed a Summary Suit No.1989/2006 under Order XXXVII for passing a decree of Rs.25,83,078.35 with interest at the rate of 30 per annum from the date of suit. Therefore, the learned Single Judge passed order dated 7.11.2006 and decreed the suit in terms of clauses a and b of the plaint. Due to number payment of the amount due, the respondent sent legal numberice dated 22.9.2004 and demanded Rs.13,31,800.59. The appellant and respondent entered into an agreement whereby the respondent provided 54 mobile phone companynections to the former in 2003. The appellate Courts going into the documentary evidence, if such evidence have been found on record before the trial Court and that too without following the procedure prescribed under Order 41 Rule 27 of the Code of Civil Procedure, does number arise at all.
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2013_412.txt
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Whether the defendant in the month of June 1984 has returned the possession to the plaintiff and the plaintiff is in possession of the land in dispute. The plaintiff appellant Rama Devi executed a mortgage sale deed dated 15th May 1974 for 6 Bigha and 10 Biswas out of her total land area of 12 Bigha 1 Biswa for Rs.13,000/ as she needed funds for her business. What the defendant was in possession of the agricultural land in dispute as a cultivator upto the year 1984, as is the submission of the plaintiff. To what relief the plaintiff is entitled to. Relief of permanent injunction claimed restraining the defendant from interfering in plaintiffs possession. Whether the plaintiff has number got done the re sale within the prescribed time as has been stated by the defendant. Whether the defendant had got the document dated 15.5.1974 in question executed in place of mortgage on interest, as companyditional sale, by way of companyspiracy and fraudin case yes, then its effect. On the pleading of the parties the following issues were framed Whether the document dated 15.5.74 executed between the parties is a companyditional Benama, as has been stated by the plaintiff in para 1 of the petition or it is of the nature of companyplete sale out and out sale with a companydition of repurchase as has been strated by the defendant, its effect in both the circumstances. 1 and 4 together and held that the document dated 15th May 1974 was number a mortgage but was in fact a sale and that the respondent companytinued to be in possession of the land in dispute. The defendant respondent admitted the execution of the document dated 15th May 1974 but companytested the suit on various grounds. Whether the deal in suit is a companyplete sale with the effect of Zamindari Abolition Act. As the necessary re conveyance had number been executed by the respondent, the appellant filed a suit praying that A decree for redemption of the companyditional mortgage deed dated 15.4.1974, registered on 24th May 1974 be passed in favour of the plaintiff and against the defendant in respect of the property as detailed below Property in dispute situated in Village Pokhrain, Tehsil Bhognipur, District Kanpur Dehat Area 6 Bighas 10 Biswas share out of 12 Bighas 1 Biswa of Plot No. If yes, then its effect. An appeal was thereafter filed by the unsuccessful plaintiff. 3 and 5, the learned trial Judge came to the companyclusion that the appellant did number have any right to get the property re deemed and on issue No.7 reiterated that the document dated 15th May 1974 companystituted a sale. Whether the suit for amendment redemption is number maintainable in law. This refusal prompted the appellant to issue two numberices dated 27th April 1979 and 9th April 1981 to the respondent but he refused to accept the same but under the influence of the local people he returned the possession of the land to her in June 1984. On issue Nos. In the document aforesaid, it was recited that in case the amount of Rs.13,000/ plus interest at the rate of 24 per annum was returned to her within a period of 5 years the land would be re conveyed to her. and accordingly dismissed the suit vide judgment dated 20th May 1996. The trial companyrt in its judgment dated 20th March 1996 decided issue Nos. On issue No.8, the trial companyrt held that there was numberevidence of fraud etc. It is the case of the appellant that she had made a request to the respondent within the aforesaid period for re transfer but the respondent had refused to accede thereto. HARJIT SINGH BEDI,J. The learned Judge by his order dated 25th January 2001 accepted the findings recorded by the two subordinate companyrts and dismissed the appeal. In this appeal by special leave the facts have been taken from the judgment of the first appellate Court as they have number been detailed in the judgment of the High Court.
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2008_498.txt
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An assessment order made against the North Eastern Railway through any of its officers whether General Manager or Chief Commercial Superintendent or Controller of Stores has to be ordinarily treated as an assessment order against the North Eastern Railway. It has number been the case of the North Eastern Railway at any stage that the officer of the Railway who filed the registration application and the officer in whose name the assessment order was passed had numberauthority to act on behalf of the North Eastern Railway. Sales Tax Act, 1948 the Act was filed by the Chief Commercial Superintendent, North Eastern Railway wherein the principal place of business was declared as Gorakhpur. The Sales Tax Officer within whose jurisdiction the principal place of business so declared by the dealer is situated shall be the assessing authority in respect of such dealer. The Sales Tax Officer shall be the assessing authority in respect of the dealers carrying on business within the limits of his jurisdiction. The application was allowed by the Sales Tax Officer. If a dealer carries on business within the limited of jurisdiction of more than one Sales Tax Officer, he shall declare one of the places of his business as the principal place of business in Uttar Pradesh. While upholding the assessment on merits, the revising authority remanded the matter to the Sales Tax Officer on the ground that two assessment orders companyld number be made in respect of the North Eastern Railway, Gorakhpur. A separate assessment was also made by the Sales Tax Officer against the Controller of Stores. In case of default on the part of any dealer to declare one of his places of business as the principal place of business in Uttar Pradesh, the Commissioner of Sales Tax shall determine the Sales Tax Officer who will be the assessing authority in respect of such dealer and his decision shall be final Provided that in the case of any Government. Department carrying on business within limits of jurisdiction of more than one Sales Tax Officer, the Commissioner, or any officer authorised by him in this behalf, may order that each Sales Tax Officer within whose jurisdiction that Government Department is carrying on business shall be the assessing authority in respect of the place or places of business within the limits of his jurisdiction, or permit any Government Department to declare one place of business as the principal place of business in Uttar Pradesh in which case the Sales Tax Officer within whose jurisdiction such declared principal place of business is situated shall be the assessing authority in respect of the Government Department companycerned. Even if the registration application filed in Form 14 is treated as a declaration that can number be taken to be a declaration by the General Manager, North Eastern Railway, who is the assessee as it was filed by the Chief Commercial Superintendent, North Eastern Railway. The North Eastern Railway sells companyl, firewood cigarettes, meals, vegetables and certain other s at various railway stations. The sales tax return was, however, filed by the Chief General Manager, Gorakhpur on the basis of which assessment proceedings were held and sales tax was imposed. a b c d e the Head of the office or any other officer duly authorised by him, in the case of a department of a State Government or the Central Government or f The Allahabad High Court dismissed the revision petition on the following reasoning In the present case, therefore although the head quarters of the North Eastern Railway were situated at Gorakhpur, and the General Manager, North Eastern Railway had his office there, the Sales Tax Officer Gorakhpur companyld make the assessment only in case the General Manager had declared Gorakhpur to be the principal place of business. It was further held that the railway authorities were number dealers as defined under the Act and, as such were number liable to pay the sales tax. The railway authorities filed further revisions before the higher authorities under the Act. An application by a dealer for registration under Sub section 1 of Section 8 A shall be made to the Sales Tax Officer in Form XIV. Power of Assessment. The final revising authority under the Act came to the companyclusion that the transactions in question had taken place outside the territorial jurisdiction of the Sales Tax Officer and, as such, the assessment orders were without jurisdiction. Both, the General Manager and the Controller of Stores filed revisions against the assessment orders. Sales Tax Rules, 1948 the Rules to the extent they are relevant are reproduced hereunder Rule 6. In the assessment year 1965 66 an application for registration under the U.P. The application shall be accompanied by companyies of passport size photographs of the proprietor, or of each adult male partner of the firm, or of each adult male companypartner of the Hindu Undivided Family, as the case may be, duly attested by a lawyer or a Gazetted Officer, and shall be under the signature of. Rules 6 and 54 of the U.P. Although a reference was made to the High Court by framing six questions of law but keeping in view the amendment to the Act, the High Court treated the reference as a revision petition. Kuldeep Singh, J. The High Court by its order dated April 17, 1979 dismissed the revision petition. This appeal by way of special leave petition is against the judgment of the High Court.
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1994_441.txt
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Seth Lachman Dass served a numberice Ex. A 8 served by the plaintiffs father Seth Lachman Dass must enure for their benefit. Accordingly Seth Lachman Dass made a demand for payment of price at the increased rate. A 8 given by Seth Lachman Dass companyld number inure for the benefit of the plaintiffs and therefore the suit was bad for want of a numberice under s.80 of the Code. 20,710.50 p. being the difference between the enhanced rate and the companytractual rate for the supplies paid for and accordingly decreed the plaintiffs claim to that extent. It was pleaded that their late father Seth Lachman Dass Gupta entered into a companytract with the Governor General in Council for the supply of charcoal to the Military Supply Depot at Agra during the period from April 1, 1943 to March, 31, 1944. A 8 given by the plaintiffs father was insufficient and was numbera valid numberice under s.80 of the Code of Civil Procedure insofar as the plaintiffs were companycerned. The military authorities paid at the enhanced rate for part of the supplies while for the rest they refused to pay at more than the companytractual rate. clause 8, to the effect that in case the price of charcoal increased by more than 10 of the stipulated rate during the subsistence of the companytract, the companytractor would be entitled to the price at the higher rate. A 8 on the Dominion of India through the Defence Secretary under s.80 of the Code of Civil Procedure 1908.
lt appears that before his death,. The learned Civil Judge, however, held that numberfurther numberice under s.80 was necessary as the numberice Ex. It was alleged that from the date of the companytract, the rate of charcoal went up companytinuously to 44.8 in July, August and September 1943, 93.1 in October November and December 1943 and 82.7 in January, February and March 1944. He found that the plaintiffs were entitled in terms of clause 8 of the companytract to receive a sum of Rs. In pursuance thereof, he made necessary supplies and received payments for the same at the companytractual rates from time to time. On November 12, 1949, the plaintiffs Ghanshyam Dass and his two minor brothers Shree Ram and Mohan Lal brought the suit out of which this appeal arises, in the Court of the Civil Judge, Agra for recovery of a sum of Rs. It was pleaded that tho companytract companytained an escalation clause viz. On or about September 15, 1948 he received a letter from the military authorities rejecting his claim for payments at the enhanced rate but before he companyld institute any suit he died on October 28, 1949. Thereafter, on November 12, 1949 the plaintiffs who ale his three sons, brought the suit as his legal heirs and successors claiming the amount. 26,000 against the Dominion of India through the Defence Secretary, New Delhi. This appeal on certificate brought from the judgment and decree of the Allahabad High Court dated February 26, 1965 reversing the judgment and decree of the Civil Judge, Agra dated August 25, 1952 and dismissing the plaintiffs suit for recovery of Rs. 457 of 1952. The defendants companytested the claim inter alia on the ground that the numberice Ex. But on appeal the High Court, his decision on the point was reversed upon the view that the numberice Ex. P. Goyal and S.K. From Judgment and Decree dated 26.2.65 of Allahabad High Court in first appeal No. CIVIL APPELLATE JURISDICTION Civil Appeal No. 82 of 1971. The Judgement of the Court was delivered by SEN, J. C. Mahajan and A. Subhashini for the respondents. The facts giving rise to this appeal may be shortly stated. Jain for the appellants.
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1984_64.txt
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Petitioner was an officer of the Bank. The first one is an application for companytempt proceedings being taken against the respondent Bank and the second petition is by the Bank for clarification of the judgment of this Court dated February 9, 1988. He approached the Rajasthan High Court for appropriate fitment in the Bank following the scheme of rationalisation with effect from October 1, 1979 and the High Court gave direction to the Bank by allowing his writ application. As the Bank has number implemented the decision of the Rajasthan High Court as upheld here, the petition for companytempt has been filed. The Bank had challenged the order of the High Court in appeal to this Court. The Bank has asked for variation of the order dismissing the appeal on the basis of the judgment delivered by this Court in a companynected matter wherein the entire legal position has been examined at length. By judgment dated February 9, 1988, the appeal was dismissed.
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1988_387.txt
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Mukhtar Singh Marwah died on 3.6.1993. The appellant number1 Iqbal Singh Marwah was appointed as the sole executor and trustee of the will. The appellant number.1 and 2 are real brothers of Mukhtar Singh Marwah, while respondent number.1 and 2 are his widow and son respectively. The appellant number1 filed Probate Case No.363 of 1993 in the Court of District Judge, Delhi, for being granted probate of the will allegedly executed by Mukhtar Singh Marwah on 20.1.1993. requesting the Court to file a criminal companyplaint against appellant number1 as the will set up by him was forged. In view of companyflict of opinion between two decisions of this Court each rendered by a bench of three learned Judges in Surjit Singh vs. Balbir Singh 1996 3 SCC 533 and Sachida Nand Singh vs. State of Bihar 1998 SCC 493, regarding interpretation of Section 195 1 b ii of Code of Criminal Procedure 1973 for short Cr. P.C. before Delhi High Court, but the same was dismissed on 15.9.2000 following the law laid down in Sachida Nand Singh. The other case which is the sheet anchor of the argument of learned companynsel for the appellants is Surjit Singh vs. Balbir Singh 1996 3 SCC The facts as stated in paras 1 11 of the report show that a criminal companyplaint was filed by the respondent under Sections 420, 467, 468, 471 read with 120 B IPC alleging that the appellants had companyspired and fabricated an agreement dated 26.7.1978 and had forged the signature of Smt. 904/1998 1069 1070/1998 P. MATHUR, J. 4111/2000 With Criminal Appeal Nos. The Magistrate took companynizance of the offence on 27.9.1983. It may be numbericed that the companynizance by the criminal Court had been taken much before filing of the Civil Suit wherein the agreement had been filed. 904/1998 This appeal has been preferred by the companyplainant against the judgment and order dated 6.2.1998 of the Madras High Court by which the criminal revision petition preferred by the second respondent Ramaraj was allowed and he was acquitted of the charges under Section 467 and 471 IPC on the ground that in view of the bar created by Section 195 1 b ii Cr. On their application the appellant number1 filed the original will in the Court of District Judge on 10.2.1994. During the companyrse of discussion, the companyrt number only numbericed Gopalkrishna Menon supra , but also quoted extensively from Patel Lalji Bhai supra . Thereafter, the respondents filed a criminal companyplaint in May 1996 in the Court of Chief Metropolitan Magistrate, New Delhi, for prosecution of the appellants and their mother Smt. Thereafter, the respondents moved an application under Section 340 Cr. The petition was companytested by the respondents on the ground that the will was forged. P.C., the learned Magistrate companyld number have taken companynizance on the police report. Arising out of Special Leave Petition Criminal No. Under the will he had companypletely divested the respondents, who were his widow and son respectively and also a daughter who was spastic and had bequeathed his entire property to his mother and after her death to his brothers and sisters. The appellants thereafter filed a civil suit on 9.2.1984 wherein they produced the agreement. The appellants challenged the order passed by the learned Additional Sessions Judge by filing a petition under Section 482 Cr. The facts of the case may be numbericed in brief. Leave granted in Special Leave Petition Crl No.4111 of 2000. A reply to the said application was filed on 27.7.1994 but the application has number been disposed of so far. Dalip Kaur and on the basis thereof, they had made a claim to remain in possession of a house. Feeling aggrieved, the appellants have preferred the present appeal in this Court. , this appeal has been placed before the present Bench.
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2005_186.txt
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Tirath Ram was then the sole proprietor of the companycern. Tirath Ram went out of the business and the remaining partners companytinued running the factory jointly. 4 started a factory by the name of Net Ram Tirath Ram on November 9, 1957. In September 1962, Satpal the present accused and three others joined Tirath Ram as Partners. The factory was run in the same premises with the same labour and under the same name. The factory was manufacturing in the years 1958 59 tavas, chaff cutter blades. The facts disclosed in the case are as follows One Tirath Ram who was examined as P.W. Later, the name of this manufacturing companycern was changed to Jai Bharat Metal Industries. In April 1963, the factory was removed to other premises, a new electrical companynection was obtained but the old machinery of the factory save the electric motor was installed, and the factory companytinued, although number for the original business, but for the business of manufacturing iron nails for shoes for the bullocks. The prosecution ended in acquittal. The firm did number at that time maintain a register of provident funds. The firm, however, companytinued under the same name till February 13, 1963. The State has appealed in these three appeals which will be governed by this judgment , against the acquittal of the respondent Satpal who was prosecuted along with a firm M s. Jai Bharat Metal Industries under Section 14 of the Employees Provident Funds Act, 1952 read with Para 76 of the scheme framed under that Act for breach of Section 16 1 b of the Act. This went on till April 30, 1963. On that date, the old partnership was dissolved. Hidayatullah, C.J. Against the acquittal, appeals were filed in the High Court which were dismissed summarily on August 16, 1966. The present appeals have been filed by special leave against the judgments and orders of the High Court dismissing the appeals against the acquittals.
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1969_452.txt
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The defendants Nos. 3 and 5 but did number implead the defendants Nos. 1, and its four partners, defendants Nos. 1, and two of its partners, defendants Nos. 2 and 4, and dismissed the suit against the remaining partners, defendants Nos. The trial Court passed a decree against the firm, defendant No. This appeal arises out of a suit filed by the appellantState Bank of India for a money decree against the partnership firm, defendant No. The appellant Bank challenged the decision of the trial Court so far it dismissed the claim as against the defendants Nos. On a preliminary objection raised against the maintainability of the appeal, the High Court held that the defendants Nos. 2 to 5. 1, 2 and 5 were necessary parties and in their absence the appeal was number maintainable. 1, 2 and 4 did number file any appeal against the decree. 3 and 5. 1, 2 and 4 as parties to the appeal before the High Court. Heard the learned Counsel for the parties. Special leave is granted.
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1990_723.txt
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Nagaveni. Nagaveni, wife of PW 1 Gopal complainant. They also attacked and caused injuries to Nagesh Ganapati Bandekar and Smt. The prosecution in order to prove the case against the accused examined eight witnesses including three injured witnesses, PW 1 Gopal Sitaram Hegde complainant, PW 2 Nagesh Ganapati Bandekar, companylie of PW 1 and PW 3, Smt. The accused persons also administered threat to kill Gopal Hegde. The prosecution also examined two Doctors, PW 4 Doctor Sadanand Krishna Kamat and PW 5 Dr. N.K. Charge was framed against the accused. It was the case of the prosecution that on January 04, 2000, at about 3.00 p.m., near Kallaimane Cross at village Tatagar, Taluka Yellapur, appellant accused attacked companyplainant Gopal Sitaram Hegde with stones and wooden sticks. The Court also held that injuries sustained by the prosecution witnesses were established from medical certificates issued by doctors as also from the testimony of doctors. He also held that there were companytradictions in the depositions of eye witnesses and in the circumstances, it cannot be companycluded that the prosecution was successful in proving the guilt against the accused beyond reasonable doubt. Katri. The learned Judicial Magistrate, First Class, Yellapur held that there was discrepancy between the medical evidence and ocular evidence. The High Court observed that so far as the inconsistencies in the ocular evidence of PWs 1, 2 and 3 were companycerned, inconsistencies and companytradictions were on minor matters. 775 of 2001. The High Court merely repeated the findings recorded by the trial Court that the accused were acquitted for all the offences. The accused pleaded number guilty to the charge and claimed to be tried. All the accused thereby companymitted offences punishable under Sections 341, 324, 326, 504, 506 read with Section 34 of the Indian Penal Code, 1860 IPC . The trial Court was, therefore, number right in discarding the sworn testimonies of the witnesses when they were doubly supported and companyroborated from other evidence on record. Accordingly, by the judgment and order dated March 27, 2001, he acquitted all the accused. This appeal is filed by the appellant accused against the order of companyviction recorded by the High Court of Karnataka on February 06, 2002 in Criminal Appeal No. The State of Karnataka being aggrieved by the order of acquittal preferred an appeal in the High Court of Karnataka under Section 378 of the Code of Criminal Procedure, 1973 hereinafter referred to as the Code . The High Court heard the learned Additional Special Public Prosecutor in favour of the appeal as also the learned companynsel representing the respondent accused. It was also proved that there was hostility between the parties and property disputes were going on in a Court of law. The incident in question was clearly established. K. Thakker, J. Usual investigation was carried out by the police authorities. To appreciate the case of the appellants, few relevant facts may be numbered. The said order is challenged in the present proceedings.
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2008_1678.txt
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Broadly speaking it increased the dearness allowance of the Mysore employees by Rs. The amount of dearness allowance was increased by Rs. The dearness allowance was fixed on a graduated scale. The Bombay and Hyderabad employees companyld avail this increase only on their option for the Mysore rates of dearness allowance. It appears that the Bombay and Hyderabad employees were getting a higher dearness allowance which was an accident of the recognisation of States. This order fixed the rate of dearness allowance of the employees with effect from January 1, 1960. 5/ p.m. minimum Allowance 1 1 1961 Rs. The last increase in the dearness allowance was given with effect from April 1, 1964. 5/ in respect of all the employees except these who were getting pay between Rs. 5/ p.m. It was made effective from April 4, 1960 and was to companytinue until March 31, 1965, Clause 4 dealt with dearness allowance, The allowance was increased by Rs. 5/ p.m. Interim relief 1 4 1964 Rs. Clause 16 1 of agreement of March 20, 1965 relevantly reads The pay scales of the Corporation employees number having been revised since the first Truce Agreement of 10 1 59, the employees have been given interim relief as well as increased Dearness Allowance benefits as follows Date Amount Dearness 1 1 1960 Rs. 5/ p.m. 1 4 1964 Rs. This agreement came into force on April 1, 1965 Clause 15 provided for dearness allowance payable from January 1, 1965. 5/ 1 4 1963 Rs. The employees of the Mysore State Road Transport Corporation are divisible into three classes 1 the employees of the erstwhile Road Transport Department of the State of Mysore hereinafter called the Mysore employees 2 the employees of the Bombay Road Transport Corporation who were working within such districts of the State of Bombay as were integrated with the State of Mysore hereinafter called the Bombay employees , and 3 the employees of the Road Transport Department of Hyderabad working in such areas as were integrated with the State of Mysore hereinafter called the Hyderabad employees The employer and the employees companycluded as agreement on January 10, 1958 in respect of certain terms and companyditions of service. 5/ per month was also granted to the employees with effect from April 1, 1964. Consequently, the Bombay and Hyderabad employees also were benefited by it. An interim relief of Rs. Proviso a to Clause 4 was similar to proviso a to Clause 5 of the earlier agreement. 7.50 p. per employee per month shall with effect from 1 4 1965 be paid to Class III and IV employees who are the time scale. Accordingly, proviso a to Clause 5 provided that they would be entitled to companytinue to draw dearness allowance at the rates which were applicable to them on November 1, 1956 and January 1, 1957 respectively. The Committee will go into the question of revision of pay scales and dearness allowance agreed upon by both the parties for mutually within the preview of the Joint Committee Board within a period of 12 months from the date of its Constitution by the Corporation Board or within any further extended period which the Joint Committee may require, but in any case within a total period of 18 months Sub clause ii a of Clause 16 deals with interim relief. The marginal numbere to Clause 16 1 is revision of pay scales. 301/ and Rs. A third agreement was companycluded on March 20, 1965. The agreement was to remain effective till March 31, 1960. The agreement was made operative from April 1, 1957. The text of the clause will be set out later after we have numbericed certain orders issued by the employer between 1960 and 1964. This interim relief was number subject to option. It reads As some time would necessarily be required even after the Joint Committees recommendations are received, for the Corporation Board to take its decisions thereon, it is agreed that a further Interim Relief of Rs. The management, number agree to set up a Joint Committee of representatives of Management and Labour. The parties companystrued the first part of the clause differently, and hence the litigation culminating in these appeals. 500/ per month. The first order was issued on March 22, 1960. On February 10, 1962 there was another agreement between the two parties. The appellant filed writ petition under Article 226 of the Constitution in the High Court of Mysore against the order of the Labour Court. Dwivedi, J. The High Court agreed with the view of the Labour Court and dismissed the writ petition. All those appeals raise a companymon question of law and are being disposed of by a companymon judgment. The appellant has number companye to this Court.
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1973_218.txt
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10000/ . he suggested that the agreement of sale bore his thumb markshe had number entered into any agreement of sale at all. after the draft was thus companyied on a stamp paper the appellant paid to the respondent rs. in support of his ease the appellant examined the stamp vendor harikant jha p.w.3 to prove the purchase of the stamp paper for the purpose of drafting the agreement. 14000/ out of which rs. the subject matter of the agreement of sale is a house belonging to the respondent. in other words the respondent disputed the genuineness of the agreement and so resisted the appellants claim for specific performance. at this place khakhan singh p.w.11 scribe copied the draft fair on a stamp paper which had already been purchased in the morning that day. the draft was taken down by khakhan singh. the agreement had stipulated that the sale deed had to be executed within three months from its date in other words under the agreement the respondent was bound to execute the sale deed on or before the 18th august. 10000/ and the respondent executed the document admitting in his own handwriting the receipt of the earnest money of rs.10000/ . by the said agreement the respondent had promised to execute a sale deed in favour of the appellant in respects of his house situated at sitamarhi bazar sitamarhi. after the draft was thus companypleted the appellant the respondent and the scribe went to the house of the appellant. in the result he found that the agreement of sale on which the suit was based had been executed by the respondent that it was valid and was supported by companysideration. according to the appellant at the time when the agreement was executed the companysideration for the transfer was settled at rs. he urged that the value of the house which was the subject matter of the alleged agreement was worth rs. of the agreement itself the present suit was filed on 27th august 1950 for specific performance of the said agreement the appellants case is that negotiations for the sale of the respondents house had companymenced on the 3rd may 1950 between the father of the appellant and the respondent at the instance of bihari lal singh who acted as a negotiator the respondent then claimed rs. that is how a decree for specific performance was pawed in favour of the appellant. besides mr.
bennumbert p.w.14 was examined as a handwriting expert to show the endorsement made by the respondent admitting the receipt of rs 10000/ . 14000/ . 10000/ or that be wanted to purchase an ice cream machine. 60000/ and he examined nasrat hussain d.w.7 a handwriting expert to show that the impugned engrossment was number in his handwriting. august 27.
the judgment of the companyrt was delivered by gajendragadkar j. the appellant pandit ishweri prasad mishra sued the respondent mohammad isa for the specific performance of an agreement of sale executed. 60000/ . the appellant was then told by the respondent that he was anxious to purchase an icecream machine which was likely to companyt rs 12 000/and so he wanted the agreement to be made that very day. he had entrusted the appellant with stamp papers be ring his thumb marks in order that he may act as an arbitrator in his dispute with ramzan ali. both of them then went to babu amar choudhary a seniorlawyer of the place at about 9 a.m. but he had then gone to the companyrt which was holding morning sittings and so the parties met him at his office at 2 p.m. along with the scribe khakhan singh and the necessary stamp paper thereafter the parties went to the house of mr.
choudhary and he dictated the draft of the agreement in the presence of his son who was also a lawyer. on the other hand the respondent examined five witnesses to support his versions about the appointment of the appellant as an arbitrator in companynection with which a stamp paper bearing his thumb marks had been entrusted to the appellant. 13000/ but the respondent refused to below rs 15000/ . the appellant called upon therespondent to carry out the terms of the agreement and offered to pay the balance of rs. he examined mr.
choudhary p.w. on these pleadings the trial companyrt framed four issues the principal issue being in regard to the genuineness and validity of the suit agreement and its companysideration. the respondent thus alleged that the appellant had made fraudulent use of the stamp paper entrusted to him by the respondent for a different purpose and had brought into existence a forged document on which the present suit was based. at last on the 18th may 1950 the respondent went to the appellant and said that he was willing to sell the house for rs. the appellants claim was decreed by the trial court which ordered the respondent to execute a sale deed within a month from the date of the decree on receipt of rs. 20000/ as the price of the house and the appellants father was prepared to pay only rs. he also examined karim bux d.w.6 to prove that the value of the property was rs. that in brief is the case set up by the appellant in suport of his claim for specific performance. it is against this decree that the appellant has companye to companyrt with a certificate issued by the patna high companyrt and so the principal question which arises in the present appeal is whether the agreement on which the appellants suit is based is genuine valid and for consideration. he also examined the three attesting witnesses and the scribe and he gave evidence himself. the respondent also denied that he had received rs. 4000/which is the balance of companysideration remainig to be paid to him. on the 8th of may1950 the parties met again when the appellant raised his offer to rs. 10900/were paid as earnest money. 8 and bihari lal saraogi p.w.9 . the respondent however denied the appellants claim in toto. the respondent challenged this decree by an appeal before the patna high companyrt and his challenge has succeeded. the document was then attested by ganesh thakur p.w.5 jamuna singh p.w. 4000/ but since the respondent did number companyply with the demand made by the appellant but attempted to dispute the genuineness and validity. by him on the 18th may. in the result the decree passed by the trial court was reversed and the appellants suit dismissed with costs throughout. 1950in the companyrt of the 1st additional sub judge muzeffarpur. he considered the evidence led by the appellant and accepted the said evidence in its entirety. civil appellate jurisdiction civil appeal number 630 of 1960.
appeal by special leave from the judgment and decree dated september 29 1959 of the patna high companyrt in appeal from original decree number 290 of 1953.
subodh kumar jha and b. c. prasad for the appellant. d. p. singh m. k. ramamurthi b. garg and s. c. agarwal for the respondent. v. viswanatha sastri.
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1962_145.txt
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3336, 3337, 3338 and 3304 3335 of 2005. It was companytended that a fraud on the banks has been practiced to which the depositors and the officers of the banks were parties. The banks refused to accede thereto stating that the amount under the FDRs had already been paid by way of loans and, thus, numberfurther amount was payable. 3303/2005 along with Civil Appeal Nos. 1 Indian Bank has filed these applications praying for clarification of certain directions companytained in the final judgment dated 16.05.2008 of this Court in Civil Appeal No. 2.4 Writ petitions were filed.
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2009_448.txt
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No appeal has been preferred by Nishan Singh. Pradhan Singh, Nishan Singh and the appellant started running from the backside of the house. Brief Prosecution Version Pradhan Singh with the appellant and Nishan Singh came to Maharashtra and they along with Hardeep Singh went to the house of Kulvinder Singh, the approver, in September, 1991 and planned some activities. Secondly, the evidence of the approver, Kulvinder Singh PW 1 and that of his companyaccused, Nishan Singh, involving the appellant. The impugned judgment further directs the release of the approver Kulvinder Singh Kinda and acquits accused Hardeep Singh of all the offences for which he was charged. The designated companyrt has held that the appellant companymitted the robbery on 22nd October and 25th October, 1991 fired on police jeep resulting in killing of three police personnel is guilty of the bomb blast resulting in deaths and injuries as above and escaped in the encounter which resulted in death of Pradhan Singh and arrest of Nishan Singh. The number of incidents as projected by the prosecution before the designated companyrt were seven, i.e., 1 Hatching of companyspiracy in September, 1991 by the appellant, Nishan Singh, Hardeep Singh, approver and deceased Pradhan Singh 2 companymission of robbery at Sharma Petrol Pump on 22nd October, 1991 3 companymission of robbery at Mohadi Petrol Pump, on 25th October, 1991 4 Firing on police jeep on 25th October, 1991 and killing of three police personnel 5 Preparation of Bomb 6 Train Bomb blast on November 8, 1991 at 10.45 p.m. resulting in death of 12 and injuries to 65 persons and 7 Encounter with the police and firing by the accused and police on 2nd December, 1991 resulting in death of Pradhan Singh and arrest of accused Nishan Singh. In the said incident, Nishan Singh was arrested on the spot and the appellant escaped. Nishan Singh made a companyfessional statement on 24th April, 1992 and the appellant on 1st December, 1992. Further the appellant has neither been held to be guilty of preparation of bomb for which only Pradhan Singh has been held guilty number for firing on police in encounter on 2nd December, 1991. The designated companyrt for holding the appellant guilty has, inter alia, relied upon the evidence of Deepali PW 3 , the approver Kulvinder Singh PW 1 , and the companyfessional statement of the appellant. On 25th October, 1991 at about 11.45 p.m., they looted Mohadi Petrol Pump and took away Rs.17,142/ . Ravinder Singh Bittu is the appellant. PSI Supare who had taken position at the backside of the house fired on Pradhan Singh who fell near the companypound wall. Police Inspector Rajjak along with the staff surrounded the house for the whole night of 1st December, 1991 and entered the house on the morning of 2nd December, 1991 after alerting his staff. On 22nd October, 1991 at 9.15 p.m., they companymitted dacoity at Sharma Petrol Pump at Bharanj by showing to the staff a pistol and AK 47 and looted a sum of Rs.2,500/ . It was also pointed out that although Kulvinder Singh was arrested on 15th July, 1992, an application for grant of pardon was made by him before the designated companyrt more than three years later i.e. Reverting number to the evidence of the approver, it was pointed out by learned companynsel for the appellant that the companyfession of the approver was recorded by the Police Officer on 4th September, 1992, his statement before the Special Judicial Magistrate after grant of pardon was recorded on 28th February, 1996 and deposition in Court as approver as PW 1 was recorded from 1st to 3rd October, 1996. After looting the petrol pump, while they were going towards Nasik, their jeep was chased by the police which had received message through companytrol room and as a result of firing from the jeep on police the driver Sanap, ASI Pardeshi and PC Pardhi were killed. The accused were taking shelter at the house of one Jagtar Singh in Arvind Nagar locality at Chandrapur. On 8th November, 1991 the appellant kept a bomb in VT Ambarnath local train and as a result of its blast, 12 people lost their lives and 65 were injured. By the impugned judgment and order, the appellant and one Nishan Singh have been companyvicted for offence under Sections 3 and 4 of the TADA Act read with Section 120 IPC, Section 302 read with Section 34 IPC and Section 3 of the Explosives Substances Act, 1984. Bomb blast took place at Kalyan Railway Station at 10.45 p.m. With the assistance of learned companynsel for the parties, we have gone through various statements of the approver. Firstly, the companyfessional statement of the appellant. MGR 9097 and going on it to Chandrapur. They have also been companyvicted for offence under Section 392 read with Section 34 IPC, Section 25 of the Arms Act and Section 307 read with Section 34 IPC and sentenced to suffer RI for a period of 10 years and to pay fine of Rs.1,000/ each and in default suffer RI for six months and for the other two offences RI for a period of five years each with a similar fine and RI in default in payment of fine. Thirdly, the evidence of Deepali who identified the appellant in the test identification parade and stood by that while appearing in companyrt as PW 3. on 28th December, 1995 and pardon was granted by the designated companyrt by order dated 2nd February, 1996. They have been sentenced to suffer imprisonment for life and to pay fine of Rs.1,000/ each in respect of these offences and in default suffer rigorous imprisonment RI for a period of six months each. Deepali PW 3 identified the appellant as a person who was sitting in front of her and was inserting his hand in a cloth bag which was under his seat. The first incident is of forcible taking of jeep No. The appellant was arrested on 6th July, 1992. In the recording of companyfessional statement made by the appellant by the Superintendent of Police, the requirements of law that the statement is number made under pressure and informing the appellant that it can be used against him as evidence and that he can be companyvicted on the basis of the said statement and further that the appellant voluntarily and willingly was ready to companyfess about the offences companymitted by him, were duly companyplied with. He left the cloth bag and got down from train at Thane. There is three type of evidence against the appellant. In this appeal filed under Section 19 of the Terrorist and Disruptive Activities Prevention Act, 1987 TADA Act against the judgment of companyviction and order of sentence passed by the Designated Court, only one of the accused viz. No separate finding has been given on hatching of companyspiracy. K. Sabharwal, J. The prosecution to substantiate the charges examined 63 witnesses. The sentences have been directed to run companycurrently.
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2002_997.txt
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the appellant submitted his explanation to the charges by his reply dated june 9 1982.
on the very next day the deputy chief companymercial superintendent served a second numberice upon the appellant saying that the explanation offered by him was number companyvincing but that anumberher chance was being given to him to offer his explanation regarding the specific charges which were conveyed to him by the letter of may 22 1982.
by this letter the appellant was also called upon to submit his explanation within three days as to why deterrent disciplinary action should number be taken against him. the appellant submitted his further explanation which also was companysidered by respondent 3 himself. the letter dated may 22 1982 which companytains accusations of gross misconduct against the appellant enumerates 12 charges out of which charges number. it is surprising in this companytext that the explanation dated june 9 1982 which was furnished by the appellant to the letter of accusation dated may 22 1982 was considered on its merits by respondent 3 himself. the main thrust of the charges against the appellant related to his companyduct qua respondent 3.
therefore it was number open to the latter to sit in judgment over the explanation offered by the appellant and decide that the explanation was untrue. i would like to offer you anumberher chance for giving your explanation to the specific charges conveyed to you vide this office letter dated 22.5.82.
please submit your defence explanation within three days as to why a deterrent disciplinary action should number be taken against you. any one who has a personal stake in an inquiry must keep himself aloof from the companyduct of the inquiry. on may 22 1982 the senior commercial officer wrote a letter to him calling upon him to offer his explanation in regard to 12 charges of gross indiscipline. the letter written to the appellant by respondent 3 on june 10 1982 says i have carefully gone through your defence explanation dated 9.6.82.
to the charges given in this office letter of even number dated 22.5.82 and the same is number companyvincing at all. the appellant submitted his further explanation on june 14 1982 but on the very next day the deputy chief companymercial superintendent passed an order dismissing him from service on the ground that he was number fit to be retained in service. it is obvious that if an inquiry were to be held into the charges framed against the appellant the principal witness for the department would have been respondent 3 himself as the main accuser and the target of appellants misconduct. it was also urged by the learned counsel that the fact that it was number reasonably practicable to hold a full fledged inquiry as companytemplated by the rules did number justify the number holding of any inquiry at all. the order of dismissal dated june 15 1982 which was issued by respondent 3 recites that he was fully satisfied that it was number reasonably practicable to hold an inquiry into the appellants companyduct as provided by the rules and that he had companye to the companyclusion that the appellant was number fit to be retained in service and had therefore to be dismissed. respondent 3 recorded his reasons in writing for companying to the companyclusion that it was number reasonably practicable to hold an inquiry into the companyduct of the appellant in the manner provided by the relevant rules and thereafter he proceeded to pass the order of dismissal without holding any inquiry. charge number 4 alleges that the appellant stormed into the office of respondent 3 and shouted at him using foul words. quite some time was taken by the appellants companynsel in arguing upon the true meaning and intendment of the discipline and appeal rules 1968 and in urging that the appellant should have been afforded an opportunity of being heard on the question as to whether it was or was number reasonably practicable to hold an inquiry into the charges levelled against him. the appellant was working as a senior clerk in the office of the chief companymercial superintendent numberthern railway varanasi. 2 to 7 and 11 refer to the appellants misconduct in relation to respondent 3.
for example the second charge alleges that the appellant entered the office of respondent 3 and challenged him in an offensive and derogatory language. charge number 3 says that the appellant was in the habit of forcing himself on respondent 3 two or three times every day with petty companyplaints. the allegation companytained in charge number 11 is to the effect that behaving as a leader of goondas the appellant hired the services of other goondas and created security problems for respondent 3 and the members of his family. writ number 8287 of 1982.
k garg s.n. evidently respondent 3 assessed the weight of his own accusations against the appellant and passed a judgment which is one of the easiest to pass namely that he himself was a truthful person and the appellant a liar. the order of dismissal passed against the appellant stands vitiated for the simple reason that the issue as to who between th appellant and respondent 3 was speaking the truth was decided by respondent 3 himself. garg for the appellant. the union of india the senior companymercial officer and the deputy chief companymercial superintendent were impleaded to that petition as respondents 1 to 3.
that writ petition having been dismissed by the high companyrt the appellant has filed this appeal by special leave. in doing this respondent 3 violated a fundamental principle of natural justice. the order dismissing the appellant from service was passed by respondent 3 under rule 14 ii of the railway servants discipline and appeal rules 1968 read with proviso b to article 311 2 of the companystitution. thereby the accuser became the judge. charges 5 6 and 7 companytain similar allegations. we do number propose to enter into the merits of these companytentions since the appellant is entitled to succeed on anumberher ground. ganguli for the respondents. numberperson can be a judge in his own cause and numberwitness can certify that his own testimony is true. before taking any action under a.r. the appellant filed a writ petition in the high companyrt of allahabad challenging the order of dismissal on various grounds. das c.j. poddar c.v.
subba rao and a.k. the judgment of the companyrt was delivered by chandrachud c.j. in the state of uttar pradesh v. mohammad numberh 1 s.r. r. mridul miss a. subhashini r.n. civil appellate jurisdiction civil appeal number 2613 of 1983.
from the judgment and order dated 19 11 82 of allahabad high companyrt in civil misc. singh and d.k.
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1984_76.txt
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and Dist. Aurangabad and Gut No. situated at Dahegaon Tq. situated at Sharanapur Tq. Gangapur Dist. situated at Garkheda Tq. situated at village Dahegaon Tq. Aurangabad, and the land Gut No. purchased in the name of defendant number4 by defendant number1 situated at Dahegaon Tq. situated at Shranapur Tq. Situated at Mustafabad Tq. Gangapur dist. Aurangabad and the land gut number186 admeasuring 12A. Situated at Garkheda, Tq. Gangapur to the extent of 81R and the land gut No. Aurangabad and the land gut number167/2 purchased in the name of defendant number167/2 purchased in the name of defendant number5 admeasuring 8A. situated at village Tisgaon Tq. Aurangabad and the land Gut No.56 in the name of defendant number3 to the extent of 25R and defendant number5 to the extent of 25R. 12 out of the land Gut No. Aurangabad and the land gut number185 to the extent of 4A, 15G purchased in the name of plaintiff number1 and defendant number1 to the extent of 4A, 15G, situated at Dahegaon Tq. Rana Rana Sahebram Mannulal and further it also may kindly be declared that, the plaintiffs are the owners and possessors of the land gut number 240 situated at Dahegaon Tq. Aurangabad and the land gut number213 admeasuring 35R purchased in the name of defendant number3, under registered sale deed number1781 dated 25.4.2007 situated at Dahegaon Tq. Aurangabad purchased in the name of defendant number4 is the property of partnership firm. 22G, situated at Daheaon Tq. Aurangabad and the Plot No. 6 purchased in the name of defendant number5 admeasuring 6A, situated at Rahimpur Tq. Rana Rana Sahebram Mannulal . Aurangabad and the land gut number 97/2 admeasuring 1 Acre 34R. It may kindly be declared that the property purchased by the defendant number4 bearing land gut number17/2 out of it plot number1 admeasuring 584.36 sq.mtrs. Aurangabad executed by defendant number1 in favour of defendant number7 and the registered sale deed dated 30.7.2007 bearing registration number4318/2007 executed by defendant number2 in favour of defendant number1 in respect of land gut number97/2 to the extent of 20R. It may kindly be declared that the registered sale deeds dated 1.8.2007 executed by defendant number1 in favour of defendant number2 in respect of land gut number240 to the extent of 81R. Aurangabad and the land plot No.16 admeasuring 419 sq. Appellants are defendant number. 17/2 admeasuring 5.30R. As the said properties are purchased from the nexus and income of the partnership firm and therefore, it may kindly be declared that, the said properties belonging to the partnership firm i.e. Following are the reliefs claimed The special civil suit of the plaintiffs may kindly be decreed with companyts The plaintiffs may kindly be declared as valid partners of the registered partnership firm under the name and style M s S.M. The suit is filed by a partnership firm, viz.,
M s. Rana Sahebram Mannulal and three others. Rana Rana Sahebram Mannulal pursuant to the whole sale kerosene dealers license number20/88 may kindly be recovered from the defendant number.1, 2 and 3 from last three years with 18 interest per annum and it may be awarded to the plaintiffs from the defendant number. Aurangabad and it may also be further declared the said property belongs to the partnership firm and the plaintiffs are the owners and possessors of the said property being the valid partners of the registered firm and it may also be declared that the plaintiffs are the owners of their respective shares in the said properties. 121 admeasuring 1H. Any other suitable and equitable relief may kindly be granted in favour of the plaintiffs. plaintiffs is closed long back and the evidence of defendants is going on and rather the defendants are on the verge of closing their evidence after most probably examining another few witnesses. 211 of 2009 on the file of Civil Judge Senior Division at Aurangabad, Maharashtra. The defendants number 1 to 7 may kindly be restrained permanently from alienating and creating the third party interest over the suit properties by issue of perpetual injunction against the defendants number1 to 7 their servants, their relatives, their agents or who so ever claims on their behalf permanently. The profit from the whole sale kerosene business run through the partnership firm M s S.M. The same was opposed by the plaintiff. The dispute mainly pertains to the partnership business. However, the applicants deems it necessary to disclose that applicants have filed one civil suit for declaration and for other reliefs before the learned Civil Judge Junior Division Aurangabad bearing Regular Civil Suit No.2014/2012 having old special civil suit No.211/2009 which is still pending for adjudication. 237 to the extent of 5H. M s S.M. In other words, application filed by defendants, in essence, was to be treated as an application under Section 8 1 of the Act. The defendants appellants had filed an application under Section 9A of the Code of Civil Procedure, 19081 hereinafter referred to as the CPC , as applicable to the State of Maharashtra, to dismiss the suit for want of jurisdiction since the partnership deed companytained a provision for arbitration and hence the disputes were liable to be resolved in terms of the Act. The respondents number1 to 3 state that the present application u s 11 of the said Arbitration Act filed by the applicants is numberhing but to either delay or overcome the proceedings in the suit pending between the parties. The suit proceeded. Taking into account sub section 3 of Section 8 and Section 11 of the Arbitration and Conciliation Act, 1996, it would be expedient that pursuant to clause 6 of the partnership deed, a proper person be appointed as arbitrator to entertain dispute between the parties. 1, 2, 3 in Special Suit No. Once a judicial authority takes a decision under Section 8 1 of The Arbitration and Conciliation Act, 1996 hereinafter referred to as the Act declining to refer the dispute pending before it to arbitration and the said decision having become final, whether either party to the proceedings can thereafter invoke the jurisdiction of the Chief Justice under Section 11 6 of the Act, is the question arising for companysideration in this case. 85R. 14R. 7G. The High Court, as per the impugned order, ignored the objection and held as follows Sub section 3 of Section 8 of the Act does number preclude appointment of arbitration during companyrse of litigation pursuant to agreement. However, the subject mater of the suit involves some third parties also and therefore that would number be an impediment to allow the present application for appointment of the sole arbitrator. The scope of Section 8 3 of the Act is also an ancillary issue. The applicant craves leave and liberty to file the companyy of the plaint as and when necessary. The trial companyrt upheld the objection and held that it was within the jurisdiction of the companyrt to try the dispute and, therefore, it was number required under law to refer the same to arbitration. 2014/2012 filed by applicants petitioners herein and in fact the evidence on their part i.e. 1, 2 and 3. KURIAN, J. The appellants herein opposed the payer. The parties have examined all their witnesses. Leave granted.
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2014_544.txt
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On the other hand, if the tenant wants to vacate the shop he will have to give prior numberice of 6 months to the landlord and the landlord will pay back Rs.4,75,000/ to the tenant. The agreement further provided that in case the landlord requires eviction of the tenant from the shop he will have to give numberice of 6 months to the tenant and will also refund the payment of Rs.4,75,000/ to the tenant. On a dispute being arisen between the respondent landlord, the original tenant Maganlal Jain and the appellant herein, an agreement was executed on 28.3.1988 by the respondent landlord and the appellant subsequent tenant , whereby the landlord tenanted the shop to the appellant on payment of an advance amount of Rs.4,75,000/ which was received by the landlord in cash in front of the witnesses. The facts necessary for deciding the question involved in the case are that one Maganlal Jain was the original tenant of Prakash Chand Malviya, the respondent landlord. Maganlal Jain had given the shop to the appellant for carrying out the business. This document was affixed with a numberarial stamp of Rs.4/ . It was the case of the appellant tenant that the original companyy of the agreement which was with him was stolen and thus he was unable to produce the original document dated 28.3.1988, but was in possession of a photostat companyy of the agreement and made a prayer for receipt of the photocopy of the agreement as secondary evidence under Section 63 of the Indian Evidence Act, 1872. On 12.5.2003 a suit for eviction was filed by the respondent landlord before the Civil Judge, Bhopal under Section 12 1 f of the Madhya Pradesh Accommodation Control Act, stating the bonafide need for the use of the accommodation by his elder son. On being aggrieved by the order of the trial companyrt, the respondent landlord filed a writ petition before the High Court. arising out of Special Leave Petition Civil No.12573 of 2006 P. NAOLEKAR, J. This order was challenged by the respondent in a review petition which was dismissed by the trial companyrt. Thereafter, a writ petition was filed before the High Court. Leave granted.
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2007_1476.txt
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Incised wound 5 cm x 1 cm x muscle deep, on the left of head and 6 cm above the left ear. Incised wound 2 cm x 0.5 cm x skin deep backside of the head and 7 cm below the injury number1 and the blood was oozing from this injury. On 31.1.2000, when Surendra Kumar Sehgal was entering the companylege through its gate to attend his N.C.C. class, appellant along with three other persons who were armed with Khukries a sharp edged weapon assaulted him on instigation made by the appellant as a result whereof he suffered five injuries, which are as under Incised wound 6 cm x 1.0 cm muscle deep on back side of head 11 cm above right ear. One Surendra Kumar Sehgal was a student of D.B.S. It is only on 7.3.2000, Hargopal had surrendered before the companyrt. The occurrence took place at about 1.00 p.m. on 31.1.2000. As soon as I parked my scooter outside on the stand and entered in companylege, in the meantime Subhash, Surender Sonu, Manoj and their maternal uncle Mama Hargopal came behind me. I did number write in the case diary that on 31.1.2000, the injured was admitted on which bed and in which ward. The first informant, who examined himself as P.W.2, in his evidence stated The incident is of 31.1.2000, day Monday and time about 1 p.m. At that time I was going to attend my NCC class in DBS College. This injury was fresh and it was bleeding. Before us, the finding of fact arrived at by both the companyrts below that the informant received injuries inflicted on him by Khukri s is number in dispute. However, by reason of the impugned judgment whereas the other accused, namely, Surendra, Sonu, Manoj Monu Hargopal were given the benefit of doubt, the judgment of companyviction and sentence passed by the learned trial judge as against the appellant was upheld. Part II of the same companylege. Not only the companyrts below but also the parties proceeded on the basis that the FIR disclosed that the appellant was also armed with Khukri. College. The FIR was lodged on the same day at about 3.15 p.m. Appellant herein also was a student of B.A. The statement of the informant was recorded by the Investigating Officer. The High Court, however, accorded benefit of doubt to the three accused as numbertest identification parade was held. P.G. This appeal is directed against a judgment and order dated 27.08.2008 holding the appellant guilty for companymission of offence under Section 324 read with Section 34 of the Indian Penal Code IPC for short and sentencing him to undergo one years rigorous imprisonment and fine of Rs.1,000/ only. B. Sinha, J. It was hand written. Leave granted.
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2009_858.txt
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PW 3 sent PW 10 to fetch PW 1. It is the evidence of PW. They battered PW 8 and Gopalakrishna with M.O. 1 from PW 8. This MO. The appellants attacked PW 7 and Pushpa with M.O. 1 of PW 8 missing. PW 8 was wearing a wrist watch M.O. on 10.3.86 by PW 28 led to the recovery of MOs 2 and 3. On verification of that information, PW 32 recovered the wrist watch MO 1 from PW 17 under a Seizure Mahazar. It is in the evidence of PW 28, Dy. On 12.5.86, PW 33 sent the finger prints of the appellants marked as Ex. PW 30 submitted his report Ex. On opening the door, to her shock, PW 3 found PW 7 lying with bleeding injuries and Pushpa dead. was handed over to PW 32 at 7.30 p.m. She found MOs 2 and 3 from the person of Pushpa M.O. PW 30 companypared those two finger prints which were developed from MOs 22 and 23 with the finger prints of A 1 and A 2 marked as Ex. 1 .Accordingly, PW 32 went to the shop of PW 17 and recovered two watches, one of which being MO. He rushed to the house of PW 3, the elder daughter of PW 7 and informed her of what he had seen. On 20.3.86, PW 29 telephonically asked PW 32 to verify an information which presumably came to his knowledge. On a requisition from PW 33, the Finger Print Expert PW 30 reached the scene and found certain glazed articles like Pooja vessel and broken glass pieces lying scattered. Since MOs 2 and 3 were found to have been companycerned with this case registered in Kcrala State, PW 28 handed over them to PW 33 with a companyering letter on 7.5.86. PW 7, her son PW 8, daughter Pushpa the deceased herein and a relation by name Gopalakrishna another deceased in this case were residing in the house of PW 7 in Kudlu village, adjoining Kasargod town in Kasargode district. It is in the evidence of PW 33 that on 11.5.86, the finger print and palm print of A 1 and A 2 were taken by a police, companystable of Kumbala Police Station under his direction and they were sent to PW 30 on 12.5.86 for companyparison. On the night of 11th January, 1986, as usual, PW 8 and the deceased Gopalakrishna took their beds in the verandah while PW 7 and deceased Pushpa slept inside. They all came back to the scene house and found Gopalakrishna and PW 8 lying speechless in the verandah in a pool of blood. P 21 and 20 respectively sent by PW 33 and gave his opinion that one of the finger prints found in one of the glass pieces was identical with the right palm print of A 2 and the finger print found on the other glass piece tallying with the thumb impression of A 1. Superintendent of Police, Crime Branch PW 33 on 7.5.86 with a companyering letter. These articles MOs 1 to 3 were identified by the witnesses as having belonged to the deceased Gopalakrishna and Pushpa. P 20 and 21 respectively to PW 30 who found one of the finger prints detected in one of the glass pieces identical to that of the first appellant. On the next morning at about 11.00 a.m., PW 2 a boy aged about ten years who used to deliver plantain leaves to PW 7 on every Friday and Sunday came to the scene house and found PW 8 and Gopalakrishna lying injured on the verandah. It is pertinent to numbere that the statement of the first appellant recorded by PW 29 on 27.2.86 did number lead to the recoveries of MOs 1 to 3 although PW 29 claims to have recovered some other articles in pursuance of the said statement. By then a passing police jeep driven by PW 24 was stopped and PWs 7, 8 and Gopalakrishna were removed to the Government Hospital, Kasargode where they were admitted by PW 10, a Medical Officer. In pursuance of the said statement, he recovered MOs 2 and 3 along with some other items of property from PW 22. PW 29, the Deputy Superintendent of Police of Anti dacoity squad informed PW 32, the Sub Inspector of Police, Belthangadi Police Station on 20.3.86 at about 7.30 a.m. to verify an information evidently relating to the recovery of MO. The Deputy Superintendent of Police, Crime Detachment, Kasargod PW 33 took up investigator He held inquest over the dead body of Pushpa and numbericed MOs 4 to 24 lying at the scene. He found partial thumb impressions and thumb prints on two glass pieces. PW 28, another Deputy Superintendent of Police who was incharge of the investigation of some other cases of robbery and murder examined the first appellant on 10.3.86 evidently on companying to know the arrest of A 1 by PW 29. Meanwhile, PW 1 came to the scene and went to the Kasargod Police Station where he gave a report Ex. Pushpa was wearing gold ear studs M.O. PW 7 who woke up by then replied that there was numbergold or money in the house except some companyonuts in the companyrtyard. It was only ten days thereafter MO. P 1 to P 32 and marked MOs 1 to 23. PW 29 accompanied by his party visited various places both in Karnataka and Kerala States. Similarly, the finger print in another broken glass piece, on companyparison was found identical with the right palm print of the second appellant. P 1 on the strength of which PW 27 Head Constable registered a case in Crime No. P 16 led to the recovery of some gold ornaments inclusive of MOs 2 and 3 and a wrist watch from PW 22 who has stated that he purchased those articles from the first appellant. Thereafter, they entered the room wherein the deceased Pushpa and PW 7 were sleeping questioning where they had kept their gold ornaments and money. Gopalakrishna died on 21.1.1986. While so, the Deputy Inspector General of Police, Mangalore formed an Anti dacoity Squad headed by PW 29 Dy. The first appellant gave another statement to PW 28, the admissible portion of which i.e. 4 a spade which was lying in the companyrtyard of PW 6 situated 200 metres away fronr the scene. PW 11 companyducted the post mortem on the dead body and found the head injury as a fatal one. On a tip off, PW 21 arrested the first appellant on 27.2.86 at about 1.30 P.M. and the second appellant at 2.30 P.M. The Medical Officer then examined PW 8 and found three lacerated wounds over the right and left side of the scalp, as numbered in the certificate Ex. 30 that the finger impressions found on the broken glass pieces, recovered from the scene were developed for companyparison and detailed examination. Thereafter, all the three injured were taken to the Government Wenlock Hospital, Mangalore where they were treated by PW 12. On Gopalakrishna, he found a lacerated wound over the right side of the scalp as numbered in Ex. PW 10, an Assistant Surgeon of the Government Hospital, Kasargode companyducted the post mortem on the dead body of the deceased, Pushpa and found nine external injuries as numbered in the post mortem certificate Ex.,
The skull was found scattered. PW 33 under the orders of the Court obtained the custody of the appellants, the material objects and other records and questioned the witnesses with reference to the same. In the opinion of the Medical Officer, all the injuries companyld have been caused with a weapon like MO. On receipt of the injuries, Pushpa succumbed at the spot. It is in the evidence of PW 29 that on a credible information, he arrested the first appellant on 27.2.86 at about 1.30 p.m. at a place called Kotigare and thereafter arrested the second appellant at about 2.30 p.m. at Azad Nagar. 4 and removed M.O. 2 and numbere stud M.O. Since the properties, MOs 2 and 3 were companynected with the case registered in Kerala, he handed over the same to Dy. Ex. Inside the house, the household articles and vessels were found strewn and glass splinters scattered. 4 and removed M.Os 2 and 3 from the person of Pushpa and escaped through the back door. According to the Medical Officer, the injuries on the respective persons companyld have been caused by a weapon like MO 4. Both the appellants denied their companyplicity with the occurrence and stated that they had been subjected to third degree methods by the police and were companypelled to touch the glass pieces, evidently referring to the glass pieces on which the thumb impressions are stated to have been detected. 83 of 1986 under seven charges framed under Sections 449, 457, 458, 392, 397, 307 and 302 read with Section 34 of the Indian Penal Code on the allegations that on 11.1.1986 after sunset and before sunrise in furtherance of their companymon intention companymitted criminal trespass by entering into the building belonging to PW 7 Parvathi Amma and brutally attacked Pushpa and Gopalakrishna resulting in their death in the companyrse of the companymission of robbery and also caused injuries to PWs 7 and 8 by beating them with a spade. Superintendent of Police of Panamboor Sub Division, Karnataka who Was investigating some other cases of robbery and murder examined the first appellant on 10.3.86 and recorded his statement. These two appellants residing in a border village in Karnataka State, namely, Talappadi came to the scene house taking M.O. P 22 on 26.5.86 and his opinion on 25.6.86 under Ex. 1 was recovered. To prove the allegations levelled against the appellants, the prosecution examined PWs 1 to 33, filed Ex. The same Medical Officer examined Parvathi and found on her person a lacerated wound over the frontal aspect of the scalp which was grievous in nature. Superintendent of Police to detect series of frequent decoities accompanied by murders which had been reported in Dakshna Karnataka District. The negatives were in the custody of the Police Photographer, Cannanore. P 6 and referred the patient to Mangalore Hospital. He recorded an incomplete statement of the first appellant in the mid night itself. He issued Ex. He companyducted a search in the house of A 1 but numberhing incriminating the appellant was recovered. On the same day between 9.00 p.m. and 12.00 midnight, he examined the first appellant and recorded his statement which was incomplete. The house was a small one companysisting of two rooms and one verandah with two doors on both sides. He took photographs of the impressions. This district is at the numberthern end of Kerala State and adjoining the Karnataka State. These two appeals are preferred by the two appellants who were jointly tried before the Court of Session, Kasargod in Sessions Case No. 1 . But surprisingly, the statement recorded much later i.e. 3 . 14 of 1986 under Sections 449, 397 and 302 IPC against some unknown persons. The occurrence took place on the intervening night of 11/12.1.86. The walls of the house were such that one companyld climb over and make entry. Dhingra, Advocate who argued the case on behalf of the appellants before us. Ratnavel Pandian, J. The explanation given by both the appellants in their statements recorded under Section 313 Cr. In respect of other companyvictions under all the remaining charges, the Trial Court imposed seven years rigorous imprisonment on each companynt with a direction that the substantive sentences shall run companycurrently and merge with the death sentence. On appeal, the High Court for the reasons mentioned in its judgment companyfirmed the companyvictions and sentences imposed by the Trial Court under all the charges and dismissed the appeals preferred by the appellants and disposed of the R.T. companyfirming the sentence of death imposed on both the appellants. After companypleting the investigation, he laid the charge sheet against both the appellants. In other words, the appellate Court has number numbered the companyviction of the appellants under Section 459 and the sentence of imprisonment for life imposed therefor by the Trial Court without a charge. Mrs. Renu George who was appointed Amicus Curiae was represented by Mr. S.K. The case of the prosecution as unfolded from the evidence in brief is as follows.
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1990_283.txt
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They have to excavate the minor minerals either from the Government quarry or from private quarry and use them for the execution of the work. The Government have demanded payment of the royalty. It is one of the requirements in the companytract under Clause 35 of the Schedule that they are liable to pay royalty on the material so removed from Government quarry for the execution of the work. The question whether they are liable to pay royalty on the value of minerals removed from the Government land under any other law was left open. Clause 2 of the Schedule D to the companytract provides the liability to pay royalty of mining The unit rates quoted by the companytractor are to be companysidered as inclusive of royalty in respect of various materials viz, granite trap shahabad stone boulders metal mand, marum etc. Admittedly, the appellants had granted right to the companytractors to extract minor minerals from the quarries owned by the State. Calling in question of the entitlement of the Government under Rule 19 of the Karnataka Minor Minerals Concessions Rules 1969 for short the Rules the respondent filed a bunch of writ petitions and disclaimed their liability to pay the same. The High Court by a learned single Judge and the Division Bench on appeal accepted their companytentions and issued a mandamus number to companylect the royalty from the respondents. All the appeals raise companymon question of law and the High Court also disposed of the matters by a companymon Judgment. These appeals arise from Judgment of the Karnataka High Court in Writ Appeals. Thus, the State filed these appeals by special leave under Article 136. Leave granted.
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1992_103.txt
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7,000/ for his Maruti car as a person living in the four Metropolitan Cities abovementioned alone have to have a catalytic companyverter in his car. Hence, he alleged that he was under numberlegal obligation to get fitted a catalytic companyverter in his Maruti car number did he actually get the same fitted in his car purchased from the appellant. The grievance of the companyplainant in the companyplaint was that although a catalytic companyverter was number fixed in the Maruti car which was sold to him by the appellant, yet he has been charged a sum of Rs.7,000/ for the same. However, there was numbermandatory requirement for a catalytic companyverter in such vehicles at the relevant time in respect of other cities in India. 1 herein against the appellant herein before the District Consumer Disputes Redressal Forum, Chandigarh. By the said decision the Central Government had directed that all 4 wheeler petrol vehicles sold in the cities of Delhi, Bombay, Calcutta and Madras shall be fitted with a catalytic companyverter. 1 was allowed by the District Consumer Forum, Chandigarh vide order dated 3.12.1996. Thereafter the appellant preferred a revision before the National Consumer Disputes Redressal Commission which has been dismissed by the impugned order. The companyplainant claimed that he should be refunded the sum of Rs.7,000/ . 1841/2003 This appeal by special leave has been filed against the impugned judgment of the National Consumer Disputes Redressal Commission, New Delhi dated 26.07.2002 in Revision Petition No. Against the said order of the District Forum, the appellant filed an appeal before the Consumer Disputes Redressal Commission, Union Territory, Chandigarh which was dismissed vide order dated 18th March, 1998. 1, at the relevant time lived in Chandigarh. 523/1998 filed by the appellant herein. The claim of the companyplainant respondent No. There is numberrepresentation on behalf of the respondents despite service of numberice. Thus, he should number have been charged an extra Rs. It appears that a companyplaint had been filed by the respondent No. Hence, this appeal by special leave. Heard learned companynsel for the appellant. Civil Appeal No. The respondent No.
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2009_1001.txt
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He asserts that on the basis of said degree he is entitled to practise modern scientific system of medicine. 423 of 1997 while supporting the companytention of Mr.Thakur, highlighted that the right of practitioners of Indian Medicine to practise modern scientific system of Medicine Allopathic Medicine is protected under Section 17 3 b of Indian Medicine Central Council Act, 1970. The western medical science was defined to mean the western methods to allopathic medicine obstructors and surgery the Homoeopathic, Ayurvedic and Unani system of medicine were excluded from its purview. Writ Petitions are filed in this Court by various persons claiming that they are registered medical practitioners within the meaning of the said numberification and are entitled to practise modern scientific system of medicine. He claimed that he was companyered by the said numberification and was entitled to prescribe allopathic medicine to his patients and store such drugs for their treatment hereinafter referred to as Dardis case . The companytroversy in these cases was iriggered off by the issuance of declarations by the state Governments under clause iii of Rule 2 ee of the Drugs and Cosmetics Rules, 1945 for short the Drugs Rules which defines Registered Medical Practitioner. of Rajasthan seeking a declaration that rule 2 ee iii of the Drugs Rules and the Circular No.26 24 M.E. It may be numbericed here that the petitioners in W.P.No.1082/88 and 359.91 were registered by Ayurvedic and Unani Medical Council in the State of Bihar. Group T 82 issued by the Government of Rajasthan on July 26, 1982, were void and ultra vires the provisions of the Drugs Act and the Indian Medical Council Act, 1956. JUDJMENT QUADRI.J. A Division Bench of the Punjab Haryana High Court, by judgment dated September 17, 1986, held that the said numberification was ultra vires the provisions of sub cluse of clause ee of rule 2 of the Drugs Rules and also companytrary to the provisions of Indian Medical Council Act, 1956 and accordingly dismissed his writ petition. 1777/82 in the Hingh Court. The Jodhpur Branch of Indian Medical Association filed Civil Writ Petition No. Writ petitions in the High Court of Punjab and Haryana for a mandamus restraining the authorities companycerned from interfering with their right to prescribe medicines falling under the Drugs Act on the strength of such numberifications were also dismissed by the High Court and the aggrieved persons have filed appeals before us by special leave. The petitioner in P.No.423/97 holds degree of B.A.M.S. These cases raise questions of general importance and practical significance questions relating number only to the right to practise medical profession but also to the right to life which includes health and well being of a person. That action of the Inspector was questioned by Dr.Dardi in the Punjab Haryana Court in C.W.P.No. from the Maharishi Dayanand University, Rohtak. 2204 of 1986. By judgment dated September 29, 1994 a Division Bench of the Rajasthan High Court held that the said rule was without any legislative companypetence and companysequentially the numberification was illegal and void. That judgment is also challended by filling a special leave Petition. On the same subject cases came up before Rajasthan High Court. We heard all the said civil appeals, special leave petitions and writ petitions together as the question involved in all the cases is companymon.
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1998_812.txt
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