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2009_426.txt
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Rukmani Ammal and her descendants. He impleaded Rukmani Ammal as one of the defendants. No.473 of 1981, Rukmani Ammal and her son, A.B.M. No.2067 Savithiri Ammal died in February 1979. Ramakkal Ammal wife of Pattabiraman of Uraiyur of Tiruchirapalli. They pleaded that in view of the restriction embodied in clause 11 of the Will, Rukmani Ammal and her son companyld number have sold the property to a stranger. Rukmani Ammal and her son companytested the suit by asserting that the Will executed by Ramakkal Ammal did number obligate them to sell the property to the plaintiffs that clause 11 of the Will was liable to be treated as void because the same was against the rule against perpetuity and the law of alienation that Rukmani Ammal was in need of money for maintaining herself and, therefore, her son gave up his right in the suit property facilitating alienation thereof in favour of K. Naina Mohamed. After demise of both sisters, the male heirs of Savithiri Ammal shall obtain A property in equal shares and the male heirs of Rukumani Ammal shall obtain B property subject to companyditions specified in clause 11 hereunder with absolute rights. She executed registered Will dated 22.9.1951 in respect of her properties and created life interest in favour of her two sisters, namely, Savithiri Ammal and Rukmani Ammal with a stipulation that after their death their male heirs will acquire absolute right in A and B properties respectively subject to the rider that they shall number sell the property to strangers. Rukmani Ammal and her son neither appeared in the witness box number produced any documentary evidence. Rukmani Ammal and her son did number challenge the judgment and decree of the trial Court but the appellant did so by filing an appeal. The Mukherjees sold the property to the plaintiff respondents. As and when Savithiri Ammals male heirs get and enjoy A property and as and when Rukmani Ammals heirs get and enjoy B property, if any one of them wants to sell their share, they have to sell to the other sharers only as per the market value then prevailing and number to strangers. No.473 of 1981 for partition of his share in A property. In 1938, Kishorilal sued for partition of the properties. He rejected the appellants plea that right of pre emption was number available to respondent Nos.1 and 2 against Rukmani Ammal and restored the decree passed by the trial Court. The suit property belonged to one Smt. Manickam Chettiar, residing at Madukkur, Pattukkottai Taluk, Thanjavur District and ii Rukumani Ammal, wife of A.B. Ramanathan Chettiar and appellant K. Naina Mohamed defendant Nos.1 to 3 in the suit to execute sale deed in their favour in respect of property bearing Municipal Door No.58, Walaja Bazaar Street, Woriur, Tiruchirapalli Town and Talluk hereinafter described as, the suit property . The lower appellate Court agreed with the trial Court that the appellant before it was number entitled to challenge the Will but opined that the restriction companytained in clause 11 of the Will was void and number binding on Rukmani Ammal and her son. Nagendra Nath also sold the property to defendant No.1. The suit was disposed of in terms of the companypromise arrived at between the parties, which envisaged that the plaintiff therein and his brothers will divide A property among themselves and B property will be the absolute property of Smt. B Property Details Tiled House and vacant site on the above said Walaja Bazaar Street, bearing Municipal Door No.58 lying to the West of Bazaar lying South to North, to the North of House of Muthu Veerasami Chettiar, to the East the aboe Muthu Veerasami Chettiars backyard, to the South A item Property running 126 feet from East to West and 12 feet on the Eastern side from South to North and 8 feet on the Western Side from South to North companyprised in T.S. Ramanathan Chettiar executed registered sale deed dated 9.12.1982 in favour of the appellant in respect of the suit property. Clauses 4, 10 and 11 of the Will and details of A and B properties English translation of the Will and details of the properties were made available by the learned companynsel after companyclusion of the arguments , which have direct bearing on the decision of this appeal read as under My sisters i Savithri Ammal, wife of A.R. After my lifetime if any one of my sisters die that sisters share of A B mentioned properties shall go to the male heirs of the deceased person. The learned lower appellate Court also referred to the judgment of this Court in Rukmanbai v. Shivaram AIR 1981 SC 1881 and held that the suit filed by two sons of Savithiri Ammal was pre mature. Under the award, two of the four blocks into which the properties were divided by the arbitrators were allotted to Tulshidas and the remaining two blocks to Kishorilal. After the arbitration award became rule of the companyrt, Tulshidas sold some of the portion of his properties to Nagendra Nath Ghosh. They further pleaded that before executing the sale deed, an offer was made to the plaintiffs to purchase the suit property but they refused to do so. He also questioned the legality of the restriction companytained in clause 11 of the Will on alienation of the property to the strangers by asserting that the said clause violated the rule against perpetuity. A Property Details The Terraced House with tiled Verandhas including open backyard with water pump and meter at Walaja Bazaar Street, Thamalvaru Bayamajar, Woriur, 3rd Block, A Ward, Puthur Circle, Tirchirapallai Town to the West of Bazaar lying North to South, to the North of B Item Property hereunder and the backyard of Muthu Veerswami Chettiar to the East of Padmaji Lane and to the South of the House belonging to Krishnammal, wife of Venogopal Naidu bounded on the NORTH BY Survey No.2069 SOUTH BY Survey No.2067 EAST BY Survey No.2065 and WEST Survey No.2088 situate within the Registration District of Tirchirapalli and Sub Registration District No.3 Joint Sub Registrar. This was done after Kishorilal refused to pre empt the same. During the pendency of the second appeal preferred by Radhu Lal, plaintiff Laxmi Lal died and his legal representatives were brought on record. The factual matrix of that case was that two brothers, Tulshidas Chatterjee and Kishorilal Chatterjee owned certain properties in the suburbs of Calcutta. Thereupon, the plaintiffs filed suit for pre empting the transaction between Nagendra Nath Ghosh and defendant No.1. This appeal is directed against the judgment of the learned Single Judge of Madras High Court, who allowed the second appeal preferred by respondent Nos.1 and 2 A.M. Vasudevan Chettiar and A.M. Nagamian Chettiar, set aside the judgment of District Judge, Tiruchirappalli hereinafter described as the lower appellate Court and restored the decree passed by Subordinate Judge, Tiruchirappalli hereinafter described as the trial Court in a suit filed by them for directing Rukmani Ammal, her son, B.M. In a separate written statement filed by him, appellant K. Naina Mohamed pleaded that the Will did number provide for joint possession and enjoyment of the properties by two sisters and that clause 11 of the Will cannot be relied upon by the plaintiffs for claiming pre emption. Muthukrishna Chettiar, residing at Bazaar Street, Karur, Karur Taluk shall inherit and enjoy House Properties detailed hereunder after my life during their lifetime without encumbering the same during their life time and receive the income therefrom equally among them after paying the taxes. On the death of Mohammad Ahmed all that was required to be done was that the appellant who was on record should have been shown as a legal representative inasmuch as he was the transferee of the property in question and at least as an intermeddler was entitled to be treated as legal representative of Mohammad Ahmed. It was argued before the High Court that the appeal abated against the plaintiff because his legal representatives were number brought on record. He being on record the estate of the deceased appellant qua the property in question was represented and there was numbernecessity for application for bringing the legal representatives of the deceased appellant on record. When the legal representatives of Laxmi Lal filed execution case against the legal representatives of Radhu Lal, an objection was raised on the latters behalf that the judgment rendered by the High Court was nullity. During the pendency of the appeal, the plaintiff granted a putni, which included the suit lands to Panchanan Palit. Later on, Kishorilal sold his two blocks to Rati Raman Mukherjee and others. They prayed that the sale deed be declared void and defendants in the suit be directed to execute sale deed in their favour. The learned lower appellate Court referred to the judgments of Allahabad and Oudh High Courts in Askar Begum v. Moula Butch AIR 1923 All 381 and Doss Singh v. Gupchand AIR 1921 Oudh 125 and held that after creating absolute right in favour of male heirs of her two sisters, the executant did number have the power to impose restriction on alienation of their respective shares. However, the legal representatives of Radhu Lal who too died before the dismissal of the appeal were number brought on record and this fact was number brought to the numberice of the High Court. Appellant K. Naina Mohamed examined himself as D.W.1 and one Thangavel as D.W.2, but he did number produce any document. The revision preferred by the legal representatives of Radhu Lal was allowed by the High Court and it was held that the decree passed in the second appeal was a nullity as it had been passed against a dead person. After about two years, one of her three sons, namely, A.M. Krishnamurthy filed a suit O.S. In the award there was a clause to the following effect We further find and report with the companysent of and approval of the parties that any party in case of disposing or transferring any portion of his share, shall offer preference to the other party, that is each party shall have the right of pre emption between each other. The defendants companytested the suit by saying that the lands companystituted their niskar holding and that the same were wrongly recorded as liable to be assessed to rent under the plaintiff. In Ram Baran Prasad v. Ram Mohit Hazra supra , this Court companysidered whether companyenant of pre emption companytained in an arbitration award violates the rule against perpetuity and whether the same is binding on assignees or successor in interest of the original companytracting parties. Thereafter, the original plaintiff died, but numbersubstitution was made in his place. By virtue of the order passed by the first appellate companyrt, the plaintiffs suit for specific performance was decreed. Respondent Nos.1 and 2 challenged the same in O.S. Respondent Nos.1 and 2 challenged the appellate decree in Second Appeal No.360/1989. emphasis supplied In Ghafoor Ahmad Khan v. Bashir Ahmed Khan supra , this Court reversed the order of Allahabad High Court which had dismissed the second appeal preferred by the appellant as having abated on the ground of number impleadment of the heirs of the sole respondent by observing that during his life time, the respondent had transferred the property subject matter of appeal to his wife by way of gift and as such the case would fall under Order XXII Rule 10 CPC. The proprietor of the land, Sir Bejoy Chand Mehtab filed suit for settlement of rent in respect of the tenure. The Assistant Settlement Officer decreed the plaintiffs claim. Reference may also be made to the Division Bench judgment of Calcutta High Court in Haradhone v. Panchanan AIR 1943 Calcutta 570. The arbitrators gave award, which was made rule of the companyrt. The trial Court negatived the appellants challenge to the Will by observing that being a purchaser from one of the legatees, he does number have the locus to question legality of the Will. The appeal in the circumstances companyld number be regarded as having abated and Mohammad Arif was entitled to prosecute the appeal. The defendants challenged the appellate judgment by filing an appeal before the High Court. The defendants took the matter in appeal to the Calcutta High Court which was dismissed. The putnidar applied for impleadment as a party in the appeal and his prayer was granted. Respondent No.1 examined himself as P.W.1 and one Srinivasan as W.2 and produced nine documents which were marked as Exhibits A1 to A9. The trial Court rejected the objection. Soon after disposal of O.S. The matter was referred to arbitration. That was a case under Bengal Tenancy Act, 1885. The estate plan also included provisions for shifting the titles many generations later, if certain companyditions were to occur. No.226 of 1983. S. Singhvi, J.
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2010_441.txt
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A list of the tenants occupying the various lands was also published under Section 8 of the Act. In that list, the appellant was shown as a tenant of the land in dispute. The Tehsildar went into the question as to whether the appellant was a tenant of the land in dispute both in the reference made to him under Section 125 of the Act as well as in the objections filed by the respondent to the inclusion of the appellants name in the list published under Section 8 of the Act. The appellant took a plea in that suit that he was a tenant of the land in dispute under Section 6 of the Bombay Tenancy and Agricultural Lands Vidharbha Region Act. 243 of 1986, which arose out of reference made under Section 125 of the Act, that numberreference was maintainable under Section 125 of the Act, as the suit in the companyrse of which that reference was made had been filed in 1957 long before the companying into force of the Act. The civil Court accordingly made a reference under Section 125 of the Act to the tahsildar for the decision of the question as to whether the appellant had acquired the status of a tenant under Section 2 32 read with Section 6 of the Act. In both the proceedings, the Tehsildar held that the appellant was a tenant of the land in dispute under Section 2 32 read with Section 6 of the Act. The High Court accepted this companytention and held that the reference under Section 125 of the Act was number companypetent. 1958 Bombay Act 99 of 1958 hereinafter referred to as the Act . 244 of 1966, which related to the Orders made by the revenue authorities in objections filed by the respondent to the list of tenants published under Section 8 of the Act was withdrawn by the respondent at the time, of hearing before the High Court. On November 13, 1957 the respondent filed a suit against the appellant for possession of the land companyprised in field Nos. The Orders made by the Revenue Courts in that reference were companysequently held to be without jurisdiction and as such quashed. A prayer was also made by the appellant that the question of his tenancy be referred to the revenue Court. The respondent then took the matter in revision before the Maharashtra Revenue Tribunal. The respondent thereafter filed two petitions under Article 227 of the Constitution of India before the Bombay High Court. 17, 18, 19, 22 and 24 situated in village Sawangi in district Yeotmal, on the allegation that the appellant had taken forcible pos session of that land in the year 1952. 1949 and 1950 of 1968 which have been filed against the judgment of the Bombay High Court disposing of two petitions under Article 227 of the Constitution of India filed by respondent No. The appeals filed by the respondent against the Order of the tahsildar were dismissed by the Sub Divisional Officer. The Tribunal dismissed both the revisions. It was observed that the various disputed questions would have to be decided by the civil Court itself. It was urged on behalf of the respondent in petition No. 1 hereinafter referred to as the respondent . This judgment would dispose of two Civil Appeals Nos. Petition No. R. Khanna, J.
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1976_386.txt
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and other affected candidates. The second is an appeal arising from the decision of the High Court of Judicature at Allahabad, Lucknow Bench dated 27th May, 2016 in Writ Petition No 12004 of 2016. This companymon judgment of the High Court has been challenged in appeals arising from SLP Civil Nos.13832, 14427, 13872, 15154 56/2016. The first is appeals arising from the companymon judgment of the High Court of Judicature at Allahabad dated 7th April, 2016 in Writ Petition Nos 1380, 34118 and 35051 all of 2015. While companysidering this issue, the High Court, in the companytext of Regulation 9, numbericed that there was numberprovision in The Indian Medical Council Act, 1956 hereinafter referred to as the Central Enactment or Act of 1956 and the Regulations framed thereunder known as Medical Council of India Post Graduate Medical Education Regulations, 2000 hereinafter referred to as the said Regulations , stipulating reservation for in service candidates against the 30 seats in Post Graduate Degree Courses. In other words, only those in service candidates who had submitted applications for grant of admission to the Post Graduate Degree Courses within the stipulated time have been companysidered. 9 2 For determining the Academic Merit the University Institution may adopt the following methodology a On the basis of merit as determined by a Competitive Test companyducted by the State Government or by the companypetent authority appointed by the State government or by the university group of universities in the same state or b On the basis of merit as determined by a centralised companypetitive test held at the national level or c on the basis of the individual cumulative performance at the first, second and third MBBS examinations provided admissions are University wise. The first set of appeals arising from SLP C Nos 13832, 13872, 14427 and 15154 56 all of 2016 , are directed against the companymon judgment of the Division Bench of the High Court dated 7th April, 2016 disposing the aforesaid three Writ Petitions preferred by the in service Medical Officers in the State of Uttar Pradesh, challenging the Government Orders dated 28th February, 2014 and 17th April, 2014 so far as it imposed a companydition of working of three years in rural or difficult areas as ultra vires and hit by Article 14, 15 and 16 of the Constitution of India. The latter two proceedings are the fall out of the interim order passed by this Court dated 12th May, 2016. The said writ petitioners claimed to be members of the Provincial Medical Health Services in the State of Uttar Pradesh. Besides the State Government, even the candidates affected by the fresh merit list prepared in terms of Regulation 9, have rushed to this Court by way of separate Interlocutory Applications in the respective appeals. The said Writ Petition was dismissed by the Division Bench vide Order dated 27th May, 2016 on the finding that it was number feasible for the Department to companysider the claim of eligible in service candidates who had number submitted applications documents before the numberified date. It was also prayed that No Objection Certificate be issued in favour of the petitioners for admission in MD MS Diploma in UPPGMEE 2015 and for quashing of the declaration of result dated 2nd June, 2015. These matters were listed to companysider the Interlocutory Applications filed by the State of U.P. When these appeals came up for companysideration on 12th May, 2016, this Court recorded the statement made on behalf of the State Government and proceeded to pass the following order We have heard learned companynsel for the parties at some length. As directed by the companypetent State authorities from time to time. KHANWILKAR, J. Leave granted.
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2016_584.txt
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Instead, the Collector once again relied upon the same quotation given by one party in Singapore to another and that without offering to the appellants the opportunity of cross examining the source, and proceeded to value the imported goods upon that basis. It did number take numbere of what had been said about burden, disclosure, cross examination, the error of relying upon a quotation made by one party in a foreign city to another also there and the direction to the Collector to decide the matter on remand in the light of its observations. The appellants again carried the matter to the Tribunal.
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2000_69.txt
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The challenge in this appeal is to a cease and desist order passed by the Monopolies and Restrictive Trade Practices Commission for short the Commission against the appellant herein. ii is in the affirmative, then whether the said trade practices are Restrictive Trade Practices within the meaning of Section 2 o of the MRTP Act, 1969 If answer to Issue No. A preliminary inquiry was companyducted by the Director General of Investigation Registration whereupon a Restrictive Trade Practices Inquiry Notice No. AND WHEREAS it has companye to the numberice of the Commission that the Respondent has been indulging in the following trade practices Tie up sales of soaps and detergents, manufactured by the Company which are in demand if Area restriction on redistribution stockists iii Re sale Price Maintenance iv Refusal to deal or supply Obtaining interest free and discriminatory security deposits advance from dealers Discriminatory dealings with Dealers AND WHEREAS it appears to the Commission that the said trade practices have or may have the effect of preventing, distorting or restricting companypetition amongst the dealers and may have the effect of imposing unjustified companyts or restrictions on the companysumers AND, THEREFORE, in exercise of powers companyferred upon it by Section 10 a and Section 37 of the Monopolies and restrictive Trade Practices Act, 1969, the Commission has ordered that an inquiry be instituted against the respondent above mentioned at its office at New Delhi to enquiry into as to whether The Respondent above mentioned has been and or is indulging in the trade practices as alleged b the said trade practices have or may have the effect of preventing distorting or restricting companypetition c the said trade practices have or may have the effect of imposing unjustified companyts or restrictions on the companysumers and d such trade practices are prejudicial to public interest. This numberice was issued by the Commission acting suo moto and in exercise of the powers companyferred on it under Section 10 a iv and Section 37 of the Monopolies and Restrictive Trade Practices Act, 1969 read with Regulation 58 of the Monopolies and Restrictive Trade Practices Commission Regulations, 1974, The relevant part of the said numberice is as follows WHEREAS the Respondent above mentioned M s. Hindustan Lever Limited is the manufacturer of detergents, detergent cakes, chemicals, bathing soaps, foods etc. By order dated 4th August, 1987, the Commission held as follows Having held that the respondent has been indulging in the restrictive trade practices of 1 tying up sales of its slow moving with fast moving products and dictating its RSs to purchase such goods and in such companybination as the respondent may decide, and 2 terminating the Stockist ship of its stockists resulting in refusal to deal with him, and having held that the presumption in regard to such restrictive trade practices being prejudicial to public interest has number been rebutted, we number proceed under Section 37 1 and direct the respondent that the aforesaid restrictive trade practices shall be discontinued and shall number be repeated. It seems that certain companyplaints by erstwhile stockists of the appellant were received by the Commission. The appellant was required to inform the Commission if it wished to be heard, failing which the Commission would proceed with the inquiry. Evidence was led, both oral and documentary, before the Commission on the following issues which had been framed Whether the enquiry is number maintainable for the grounds alleged by the Respondent in their reply dated 28.5.1984 to the Notice of Enquiry dated 28th December, 1983 Whether the respondent has been indulging in the Trade Practices mentioned in the Notice of Inquiry dated 28th December, 1983 If the answer to Issue No. In the appeal which had been filed against the said decision of the Commission, it has been companytended by the learned companynsel for the appellant that the said order of the Commission was number justified. It logically follows that the respondent shall restore the stockists ship of M s. Jain General Stores, Pulsudhar, the affected R.S. These stockists used to sell detergents, soaps, chemicals, etc.,
manufactured by the appellant and their grievance had arisen by reason of their agreements having been terminated by the appellant. Goswami, learned senior companynsel for the Commission and Shri Sanjay Parikh appearing for M s. Jain General Stores companytended that on the facts found by the Commission the order was justified and numberquestion of law really arises for companysideration by this Court. In particular, it stated in the said reply that there had been a denial of principles of natural justice because all information and material which was available with the Commission on the basis of which the numberice had been issued had hot been furnished to the appellant. 48/1983 dated 28th December, 1983 was issued to the appellant. iii is in the affirmative, then whether the respondent is entitled to avail of the gateways provided under Section 38 1 a b and h read with the balancing clause. On the companytrary, Shri N.N. On the receipt of the said particulars, reply was filed by the appellant to the show cause numberice denying the allegations and the charge levelled against it. and resume dealings with him. Along with an affidavit dated 8th October, 2000, the appellant has placed on record in this Court a document companytaining further and better particulars which were supplied to the appellant. 2001 1 SCR 318 The Judgment of the Court was delivered by KIRPAL, J.
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2001_39.txt
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as the ,caste of the persons belonging to the Jatav companymunity. Madhya Bharat Chamar, Bairwa, Bhambi, Jatav. One of the grievances which was brought to the numberice of the Collector was that some of the officers and the clerical staff did number record the caste of Jatav companymunity as Jatav even though the members of the said companymunity told them that their caste was Jatav. P. 18 it was mentioned that the returned candidate, who was the Mantri Secretary of the Jatav Sabha Datia was also expected to attend the Jatav Sammelan Barchouli in tehsil Bhander. in item 9 Jatav was included in the entry beginning with Chamar. The Collector had issued an order to all his subordinates to record Jatav. 1 Shri Kishorilal belongs to the Jatav caste as alleged by the petitioner. Jatav in the Census operations which were to companymence in February 1961.
p. 18 was a pamphlet. These pamphlets related to Jatav Sammelans which were held in certain places in tehsil Datia etc. P. 18 that the returned candidate who was described as the Secretary of the Jatav Sabha, Datia was also expected to attend that Sammelan. Among the other castes Chamar was mentioned. The substance of which was that a big Sammelan of the Jatav companymunity and other depressed classes would be held on January 26, 1960 at Mouza Barchouli in which various difficulties which were being experienced by the Jatav companymunity would be companysidered. P. 60 which was a resolution passed at a Jatav Sammelan held at Tharet on October 24, 1963 showed that a demand had been made that scholarships should be given to the students belonging to the Jatav companymunity exactly in the same manner as such scholarships were being awarded to students belonging to the scheduled castes. The name of the person who is shown as having seconded this resolution which was proposed by one Lalu Ram Jatav is that of the returned candidate. In Exh. Madhya Bharat and Vindhya Pradesh ceased to be. 2123 and 2237 of 1969. Exh. P. 16 and P. 17 was that a deputation companysisting of the representatives of the Provincial Jatav Sabha under the leadership of Atamdas President of that Sabha waited upon the Collector of Datia district on January 12, 1961. This Bill was to provide for the inclusion in and exclusion from the list of scheduled castes and of scheduled tribes of certain castes and tribes. 341 of the Constitution soon after it came into force Jatavs were number shown among the scheduled castes in Madhya Pradesh and Madhya Bharat. By these pamphlets Jatavs were advised to record their true caste i.e. P. 16 the returned candidate was shown as one of the companyveners in Exh. 2237 of 1969 . In other words in Vindhya Pradesh in entry 3 apart from Chamar, Ahirwar, Chamar Mangam, Mochi or Raidas were included. The entries proposed which are relevant for our purposes in the then three States of Madhya Pradesh, Madhya Bharat and Vindhya Pradesh were as follows Madhya Pradesh Chamar, Chamari, Mochi, Nona, Rohidas, Ramnami Satnami, Surjyabanshi or Surjyaramnami. 2123 of 1969 and the appellant in C.A. P. 17 he was shown as one of the companyveners. 2123 of 1969 and respondent No. P. 16, P. 17 and P. 18 which were printed and published. However in several other districts Jatavs were number included and in particular in the districts which formerly formed part of Vindhya Pradesh including Datia. P. 55 which was a personal bond and the security bond Exh. On September 25, 1956 the Scheduled Castes Scheduled Tribes Orders Amendment Act 1956 received the assent of the President. 18 of 1967. Another document Exh. 2123/69 which arises from an election petition filed by the respondent Rajaram Singh an unsuccessful candidate in the High Court under s. 81 of the Representation of People Act 1951, hereinafter called the Act, challenging the election of the appellant who was declared duly elected in February 1967 from the Bhander Assembly Constituency of the State of Madhya Pradesh a seat which was reserved for a scheduled caste candidate. As mentioned earlier it was stated in Exh. The result of the election was declared on February 21, 1967. As numbericed by the High Court the substance of these pamphlets Exhs. Certain criminal proceedings were started against the returned candidate in 1964. These are two cross, ,appeals from a judgment of the Madhya Pradesh High Court. 1 in C.A. The last date for filing the numberination papers was January 20, 1967, the date of scrutiny was January 21, 1967. The pool took place on February 20, 1967. Appeals under S. 116 A of the Representation of the People Act, 1951 from the judgment and, order dated August 29, 1965 of the Madhya Pradesh High Court, Indore Bench in Election Petition No. 1 obtained 8096 votes. K. Sen, G. L. Sanghi and K. P. Gupta, for respondent No. Rameshwar Nath, for the appellant in C.A. In the district of Bhind etc. 1 were negatived with the exception of issue No. A number of allegations were raised in the election petition and as many as 12 issues were framed with a number of sub issues. The appellant obtained 24,549 votes whereas respondent No. On all the issues the allegations of respondent No. That issue was as follows 1 a Whether respondent No. There were other similar documents i.e. The Judgment of the Court was delivered by Grover, J. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. No.
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1971_615.txt
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Briefly stated the facts are as follows On 27.7.1989, the respondent deposited an amount of Rs.15,000/ for allotment of MIG House in Barari Housing Colony in Bhagalpur, Bihar, under the Bihar State Housing Board Management and Disposal of Housing Estate Regulation 1983 hereinafter the Regulation . The District Forum passed an Award directing the appellant to pay Rs.15,000/ with 18 interest. K.SEMA,J This appeal preferred by the Bihar State Housing Board is directed against the judgment and order dated 5.10.2001 passed by the National Consumer Disputes Redressal Commission hereinafter the Commission passed in Revision Petition No.2099 of 1999 affirming the orders passed by the State Consumer Dispute Redressal Commission and District Consumer Forum awarding interest 18. Under the Regulation, the allotment of plots house flat is to be made by draw of lottery. On 28.7.1993, the respondent issued legal numberice to the appellant for refund of an amount of Rs.15,000/ . Thereafter, the appellant refunded Rs.15,000/ to the respondent vide cheque No.223231 dated 6.12.1995. The respondent was unsuccessful in the draw of lottery and so he companyld number be allotted a house under the MIG category. On 15.11.1994, the respondent submitted the original pay in slip. On 26.3.1996, the respondent filed a companyplaint before the District Forum. The aforesaid numberice was replied by a letter dated 6.10.1993 by the appellant, directing the respondent to submit original pay in slip for the purpose of refund. Being aggrieved, the appellant filed an appeal before the State Consumer Commission, which was rejected, being barred by limitation. The appellant was also directed to pay Rs.5,000/ as companypensation. Despite receipt of the numberice, numbere entered appearance on behalf of the sole respondent. Notice was issued limited to the question of rate of interest.
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2005_381.txt
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On 6 11 1980 and 18 11 1980 some documents were served on the detenu. It appears that the order of detention against the detenu was passed on 4 10 1980 and served on him on 1 11 1980 when the detenu was taken into custody. This petition for habeas companypus has been filed by the companysin of the detenu for setting aside the order of detention of the detenu.
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1981_30.txt
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Four pieces of bone were removed during the operation as these were causing companypression to the brain. He opined that the injuries to the skull were likely to cause death in the ordinary companyrse of nature without any treatment. He found depressed fracture of the temporal bone. Jawahar died in the hospital on August 27, 1968, after recovering from a surgical operation for his head injuries. 399 of 1974. Dr. D. N. Malviya PW 6 who first examined the deceased companyld number sty whether the injuries were such as were likely to cause death in the ordinary companyrse of nature. Dr. P. K. Jain PW 12 performed the operation on Jawahar on July 30, 1968, on the third day of the occurrence. 693 of 1969. N. Shroff and H. S. Parihar for the Respondent. From the Judgment and Order dated 24 8 1974 of the Madhya Pradesh High Court in Criminal Appeal No. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. This appeal on certificate under Article 134 1 c of the Constitution is from the judgment of the Madhya Pradesh High Court. Mukherjee and B. P. Singh for the Appellants. The Judgment of the Court was delivered by GOSWAMI, J.
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1977_254.txt
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43.95 lakhs and thus deprived most of the depositors of the bank of the moneys which they had deposited with Laxmi Bank. A number of companytentions were raised by the companynsel for the various accused and after companysidering those companytentions we find that they have been fully met by the High Court in its very well reasoned judgment which has companysidered various shades, aspects and points to companytroversy. After a perusal of the judgment of the companyrts below we find ourselves in companyplete agreement with the view taken by the High Court and are unable to find any special circumstances which require our interference with the order passed by the High Court. Murtaza Fazal Ali, J. 1 accused No. These appeals by special leave are directed against the judgment of the Bombay High Court by which the companyviction and sentence of the appellants under Sections 120B, 477A and 409 of the Indian Penal Code were upheld or modified to some extent. So far as appellant No. 1 is companycerned, who was also accused No. 24 is open. 1 at the trial, his appeal is limited to the question of sentence as also the nature of the offence. The special leave granted to A.
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1979_358.txt
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The Lower Court numbericed that the properties which the plaintiffs presented in the Schedules Ka to Cha are basically immovable properties, companypanies and partnership firms regarding which both the parties have claimed ownership. Plaintiffs appellants Babulal and others filed a suit for declaration, mandatory injunction, rendition of accounts and permanent injunction against the defendants number applicants. The plaintiffs in the suit have also prayed for mandatory injunction seeking direction against the defendant companypanies alongwith other defendants to act upon the family settlement, alleged to have taken place on 20.12.2007 between the Niranjan Lal Data Group and Babu Lal Data Group, and have also sought the direction against the said companypanies to execute the documents and handover the possession of the properties of the said companypanies and firms etc. Plaintiff Babulal though seeking partition of the joint family properties has number impleaded his own sons and other companyarceners as parties to the suit and has number included the properties owned and managed by the plaintiffs in the schedules annexed to the plaint. Resultantly, the application of the plaintiffs appellants for temporary injunction against the number applicants and the companynter temporary injunction application filed on behalf of the number applicants were partly allowed and it was ordered that till the decision of the original suit The applicants and number applicants number1 to 31 and the number applicants number36 to 43 shall number sell transfer the immovable properties as mentioned in Schedule Ka to Cha and number shall they create any substantial charge on the said properties. The High Court set aside the temporary injunction granted in favour of plaintiffs appellants by the Lower Court and companyfirmed that part of the order requiring production of audited unaudited accounts of the companypanies partnership firms run by the parties. Ltd., which is a companypany incorporated under the Companies Act, two partnership firms registered under the Partnership Act jointly and the HUF of Babulal, seeking partition of the properties mentioned in the Schedules annexed to the plaint and that too against the set of companypanies, which have been shown as the assets of the HUF. Babulal along with Saurabh Agrotech Pvt. This companyrt also fails to understand as to how the alleged family settlement between the NLD Group and BLD Group would be binding to the defendant companypanies and firms, apart from the issue as to whether the alleged document dated 20.12.2007 companyld be called a family settlement. Case No.36/2010, whereby the Lower Court partly allowed the application of the appellants original plaintiffs seeking temporary injunction under Order XXXIX Rule 1,2 of CPC. The Companies Partnership firms companytrolled and run by the parties of which the details have been given in Schedule Ka to Cha regarding them the audited accounts of income and expenditure half yearly annually whichever is got done in the numbermal sequence shall be presented before this Court. The said settlement was also partly acted upon by the defendant Niranjan Lal and other companyarceners and therefore, they cannot be permitted to back out from the said settlement. The number applicants preferred different miscellaneous appeals against the aforesaid interim order of injunction before the High Court. Taking into companysideration that the dispute between the parties has arisen after the year 2007 and the cases are pending before the Company Law Board and if a restraint is number imposed upon the transfer of the aforesaid properties it will lead to multiplicity of litigation and the parties will entangle in litigation, the Lower Court observed that plaintiffs appellants have made out partially a prima facie case and held that the issue of balance of companyvenience and irreparable loss are in favour of the plaintiffs appellants. The number applicants respondents herein made the following submissions The suit of the plaintiffs in the present form is number maintainable in the eyes of law, inasmuch as it has been filed by Sh. The Lower Court failed to companysider the companytentions raised by the companycerned defendants and also the documents produced by them. 2218 of 2011 etc. 1 and the defendant Nos.1 to 9. By the impugned judgment, the High Court modified the interim order dated 10th February, 2011 passed by the Additional District Judge No.3 Jaipur Metropolitan Magistrate, Jaipur hereinafter referred to as, the Lower Court in Civil Misc. SUDHANSU JYOTI MUKHOPADHAYA, J. Apart from this the other prayers which have been made by both the parties are rejected. Civil Misc. The present appeals arise from the following sequence of facts. In these appeals the appellants have challenged the companymon judgment and order dated 14th March, 2012 passed by the High Court of Judicature for Rajasthan, Bench at Jaipur in S.B. Leave granted. Appeal No.
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2014_671.txt
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That lease was for a period of 99 years. The first lease was granted by the assessee, demising plot No. The terms and companyditions of the other leases were in pari materia with the aforesaid lease dated May 24, 1958 in that the leases were for a period of 99 years and provided for the payment of premium or salami. The assessee got plans drawn up for the laying out of the said land as a housing companyony in the year 1952 after the assessee was permitted to develop the land into a housing companyony. We are number companycerned with the other terms of the lease. The salami or premium for the said lease was fixed at Rs.10,312, out of which amount Rs.501 was paid in advance and the balance amount of Rs.9,811 was agreed to be paid before the grant of lease. The assessee then divided the land into plots and developed the land for making it suitable as building sites. The annual lease rent of the plot was fixed at Rs.75 which was to be paid by the lessee in advance. The companytention of the assessee before the Income tax Officer companycerned was that numbercapital gains tax companyld be levied in respect of the said leases as the land was agricultural land and secondly that Section 12 B of the said Act which provided for the levy of tax on the sale, exchange, relinquishment or transfer of a capital asset did number companye into play as only lease hold rights had been companyveyed by the assessee to the lessees under the said leases. It was agreed under the lease deed that on the expiration of the said period of lease, the lessor by his legal heirs will execute a new lease deed in favour of the lessee or his legal heirs on terms and companyditions as would be settled later. The present Karta wished to develop the land into a housing companyony and took steps to evict the tenants. The assessee is the owner of what is known at present as Palshikar Colony at Indore. The said land originally belonged to an ancestor of the present Karta as agricultural land. The question arose whether the assessee was liable to pay capital gains tax on the amounts of salami or premium received as aforesaid. In the years 1959 60, 1960 61 and 1961 62 with which we are companycerned, the assessee leased out respectively 3.29 acres, 4.41 acres and 5.68 acres divided into many plots out of the aforesaid land and he received by way of salami or premium Rs.1,45,190, Rs.2,06,475 and Rs.2,54,341 respectively in the said years. The agreement of lease was executed on September 15, 1959. This companyony companyers an area of 36.62 acres. The land was in the possession of the tenants and crops like wheat, gram and so on were grown on the said land by the tenants. The assessee started leasing building sites to various parties from May, 1958. The assessee also companystructed some roads, sewages and water pipe lines and spent a large amount for developing the land. The relevant facts are as follows The assessee is a Hindu Undivided Family represented by its Karta one R.K. Palshikar. The assessee preferred an appeal to the Income tax Appellate Tribunal and urged the same companytentions, which the Tribunal also rejected. The years of assessment with which we are companycerned are the assessment years 1959 60 to 1961 62. The lessor reserved his right to take back possession of the land leased if the rent was number paid for two companysecutive years and to recover the rent. This expenditure was incurred in the accounting period 1958 59 and the subsequent years. 12 on May 24, 1958. In 1958, the Executive Engineer of Indore approved the revised lay out plan. Both these companytentions were rejected by the Income tax Officer as well as by the Appellate Assistant Commissioner. 61315 of 1975. T. Desai, Joel Pares and A.K. From the Judgment and Order dated 18.8.1973 of the Madhya Pradesh High Court in M.C.C. This is an appeal against the judgment of a Division Bench of the High Court of Madhya Pradesh on a reference made to the High Court under Section 66 1 of the Indian Income tax Act, 1922 referred to hereinafter as the said Act . C. Manchanda, K.C. Arising from the said decision of the Tribunal, two questions were referred to the High Court for determination. Dua and Miss A. Subhashini for the Respondents. 248 of 1968. For this purpose he filed a suit in the High Court and on September 24, 1957 that suit was decreed. The appeal has been preferred on a certificate of fitness granted by the High Court under Section 66A 2 of the said Act read with Article 133 1 of the Constitution of India. The Judgment of the Court was delivered by KANIA, J. Verma for the Appellant. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. No.
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1988_176.txt
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Sharma told Alpana was under treatment in his hospital. Chauhan said that companydition of Alpana was serious. Alpana was number married. He also told Lalita that he got Alpana admitted in the hospital for her abortion and during the treatment the companydition of Alpana became serious causing her death. In the hospital of Sharma she saw her daughter Alpana lying on the table inside the clinic. Same day at about 2 or 3 p.m. while Lalita was resting in her home both Sharma and Chauhan came to her and told her that Alpana was in a serious companydition. Next day in the morning when her mother was sitting in pooja, Alpana told her that she was going to the hospital. Both the accused, i.e., Sharma and Chauhan said that the companydition of Alpana was very serious and insisted Lalita to accompany them. On March 23, 1993 Alpana told her mother that she was feeling unwell and would herself go to the hospital. She also told her mother that she along with Chauhan would be going to Sharma for her treatment. Lalita found that her daughter was dead. On this Lalita immediately went along with them. On that Chauhan told her that he was having illicit relations with Alpana as a result of which she was carrying pregnancy of two to three months. Then I asked Surender Bunty to inform the parents of the deceased about the incident. Lalita then went to inform her husband Mohan Lal and again went to the hospital of Sharma by which time police had also arrived and there was crowd standing outside the hospital. Then I came out of my hospital. Mother of deceased found that her daughter was dead. Then I saw Dr. Sharma standing outside his hospital. Then we both went to Kusumkasa inform the mother of the deceased by one scooter and after informing brought her to the hospital. Lalita told them that her husband was number in the house and when he would companye they would both go to the hospital. We asked her mother that the deceased was serious and brought her to the hospital where police was already present and lot of persons gathered. Mother of the deceased found that her daughter was dead and she along with the police people went to the police station. Then I asked somebody to go to police station and lodge the report and I along with Surender Bunty went to inform the parents of the deceased. He said that he knew the deceased. I had number given any treatment to the deceased and I did number know why she had companye to the hospital. So I know the parents of the deceased. Alpana, a young girl of 24 years of age, was living with her mother Lalita Soni, a teacher, along with her younger sister 18 years of age. He called me there and took me inside the hospital where the deceased was lying and asked me whether I recognised her. I took him to that girl and asked whether he knew the deceased. I told her that she companyld lay down on the dressing table and after examining the patients on her turn I went to her and asked about the problem she had. Sharma was refused leave. After some time deceased came there and sat with the patients. When I was examining the patients the deceased said that she was number feeling well. Incidentally, Surender Bunty met me there. She asked what was the reason of the treatment and death of her daughter. Sharma had also been companyvicted under Section 314 IPC and similarly sentenced as Chauhan by the trial companyrt. In answer to the question if he wanted to say something he said After opening my hospital I was examining the patients and prescribing them medicines. Thereafter she along with police personnel went to the police station. In the circumstances of the case the defence set up either by Sharma or Chauhan companyld number be true and had to be rejected. As numbered above, Sharma stands companyvicted and sentenced. We may also numbere the defence set up by Sharma. Chauhan was granted leave and that is how the matter is number before us. Prosecution version that I was trying to do the abortion of the deceased due to which she died is false. At that time there was lot of crowd and police was also present. She did number reply and after examining I found that she was dead. I said that I knew her. Dr. D.C. Jain is the professor of Forensic Medicines in Medical College, Raipur. On the day of incident I was going to motor stand. I am innocent and I have been wrongly involved. Both sought leave to appeal from this Court under Article 136 of the Constitution against the judgment of the High Court. Their companyviction and sentence were upheld and their appeal dismissed by judgment dated January 7, 1998. Both filed appeal in the Madhya Pradesh High Court.
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2000_1100.txt
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the respondent then went in appeal to the appellate tribunal and his companytention there was that the issue of numberices under s. 17 b of the act was invalid as it was based on a mere change of opinion on the part of the wealth tax officer as at that time there was numberinformation in the possession of the wealth tax officer which companyld lead him to believe that the net wealth chargeable to tax had escaped assessment. assessment for the year 1957 58 was companypleted on december 30 1957 and the wealth tax officer accepted the companytention of the respondent and allowed the claim for deduction. 31 lakhs and odd being provision for contingencies as ascertained liability as deduction from the total wealth. it may be pointed out that the assessment made by the wealth tax officer for the year 1959 60 was taken in appeal to the appellate assistant companymissioner by the respondent and the respondents appeal was dismissed in numberember 1960.
the tribunal pointed out that if the wealth tax officer had waited till after the decision of the appellate assistant commissioner about the assessment for the year 1959 60 and then issued numberices there would have been sufficient information for the purpose of s. 17 b with the wealth tax officer to authorise him to issue numberice thereunder but as the wealth tax officer issued the numberices in june 1960 before that appeal was decided it was only a case of change of opinion by the wealth tax officer which did number justify issue of numberices under s. 17 b .
the tribunal also pointed out that the departmental representative was specifically asked what the information was upon which the wealth tax officer came to the companyclusion that taxable wealth had escaped assessment. 51 lakhs and odd being the provision for taxation for the assessment year 1957 58.
the order of the wealth tax officer allowing deduction for contingencies for the assessment year 1957 58 however stood. subsequently the companymissioner of wealth tax by his order dated december 29 1958 passed under s. 25 2 of the wealth tax act number xxxvii of 1957 hereinafter referred to as the act disallowed the deduction of rs. on march 22 1960 the wealth tax officer companypleted the assessment of the respondent for the year 1959 60 and disallowed the claim for deduction of the provision for companytingencies. the respondent submitted wealth tax returns for the years 1957 58 and 1958 59.
for the year 1957 58 the respondent claimed that an amount of rs. it was companytended that such information must be information which came into possession of the wealth tax officer subsequent to the making of the original assessment and that the information must lead him to believe that income chargeable to tax had escaped assessment. on june 2 1960 the wealth tax officer issued two numberices under s. 17 b of the act for reassessment of net wealth for the years 1957 58 and 1958 on september 24 1961 orders of reassessment under s. 16 3 read with s. 17 b of the act were passed in respect of the assessment years 1957 58 and 1958 59 and by these orders the amounts which had been formerly allowed as deduction with respect to companytingencies were included in the total wealth of the respondent. the case of the respondent was that the wealth tax officer had numberinformation on the basis of which he companyld proceed to reassess the net wealth of the respondent and in this connection reliance was placed on the words in companysequence of any information in his possession appearing in s. 17 b of the act. the respondent then went in appeal against the two reassessment orders and the appellate assistant companymissioner sustained the decision of the wealth tax officer with respect to the reassessments in question. the departmental representative was unable to point to any specific information which came into the possession of the wealth tax officer and which companyld lead him to issue the numberices in question. the assessment for the year 1958 59 was companypleted on december 9 1958 and deduction was allowed for companytingencies only. the judgment of the companyrt was delivered by wanchoo j. these two appeals by special leave arise out of two applications by the appellant to the income tax appellate tribunal for reference to the high companyrt of a question of law which was formulated as follows whether on the facts and in the circumstances of the case the tribunal was right in holding that the reassessment proceedings under s. 17 b of the wealth tax act were number validly initiated and in setting aside the same. for the year 1958 59 the respondent claimed rs. 51 lakhs and odd being provision for taxation and anumberher amount of rs. the tribunal accepted this companytention of the respondent. thereupon the appellant applied to the tribunal for making references under s. 27 1 of the act. it may be added that we are number companycerned in the present appeals so far as deduction for provision for taxa tion is companycerned. the appellant then applied to the high companyrt under s. 27 3 of the act for direction to the tribunal to state a case. 231 in 232 of 1964.
m. hazarnavis k. d. karkhanis r. h. dhebar and r. n. sachthey for the appellant. k. sen t. a. rancachandran j. b. dadachanji o. c. mathur and ravinder narain for the respondent. thereupon the appellant applied to this companyrt for special leave which was granted and that is how the matter has companye before us. 1062 and 1063 of 1966.
appeals by special leave from the judgment and order dated february 15 1965 of the calcutta high companyrt in matters number. the facts which led to the applications for reference are briefly these. civil appellate jurisdiction civil appeals number.
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1966_290.txt
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Officer verified and allowed the claim of Hassanand to the extent of 291 standard acres. The aggrieved respondents moved in revision, the Chief Settlement Commissioner which was disposed of by the Additional Settlement Commissioner with delegated powers of the Chief Settlement Commissioner and it was rejected in February, 1964. One Hassanand migrated from Pakistan to India in or around 1947. In the view of the High Court the review of the earlier order by the Additional Settlement Commissioner vacating the claim for 291 standard acres was without jurisdiction. He had apparently companysiderable assets left behind and so he applied under the displaced Persons Claims Act, 1960 for registration of his claim in respect of the properties left behind in Pakistan However, he moved the Settlement Officer who set aside the ex parte order and thereafter, acting under the powers vested by the Displaced Persons Compensation ami Rehabilitation Act, 1954 the Additional Settlement. Subsequently, on April 11, 1963, one Mr. Wason made an order reviewing the earlier verification dated March 18, 1955 by the Additional Settlement Commissioner and rejected the entire claim of 291 standard acres. The writ petition having been allowed, the additional Settlement Commissioner has companye up, by certificate to this Court. Later on 28th June, 1955 Hassanand died and the present respondent No. On May 25, 1956 companypensation was quantified under the latter Act The Displaced Persons Compensation and Rehabilitation Act, 1954 and adjusted by allotment of an evacuee property. By exercise of such power he vacated the order of a companyordinate authority. 1, his heir filed an application under Section 9 of the 1954 Act for companypensation. A few facts necessary to lead up to the companyclusion which we have reached may be narrated. R. Krishna Iyer, J. A writ petition to the Bombay High Court followed and it met with success.
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1977_44.txt
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After the manufactured goods are tested, ap proved and accepted, by the buyers the manufacturers apply the label of the brand name of the buyers in this case Bajaj on the manufactured goods. The petitioners companytend that the market value of the goods manufactured by the petitioners should be assessed at the price at which the goods are agreed to be sold under the agreement between the manufacturers and the buyers. The goods manufactured by the Petitioner Company, which are accepted by the buyers and to which the brand name label Bajaj is applied are sold by the manufacturers to the buyers at the stipulated price and to numbere else. The price fetched by the goods manufactured by the petitioner companypany is the price of the electrical goods sans the brand name. The petitioners manufacturers are manufacturing electrical goods under a companytract with another companypany known as the Bajaj Electricals Ltd. here after referred to as buyers . The agreement between the parties provides for the buyers having the right to reject the goods if the goods are number in accordance with the buyers specifications or do number companye up to the stipulated standard of quality. They are number at all sold in the open market by the manufacturers. Dua for the Petitioners. The question raised in this Writ Petition under Article 32 of the Constitution of India as regards the determination of the market value of the goods manufactured by the petitioner companypany for the purposes of companyputation of the excise duty leviable on the same. 1685 1691 of 1979 Under Article 32 of the Constitution of India. Soli J. Sorabjee and K.C. Parthasarthy, Girish Chandra and C.V. Subba Rao for the Respondents. ORIGINAL JURISDICTION Writ Petition No. The Order of the Court was delivered by THAKKAR,,J.
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1986_259.txt
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The defendant No. The ancestors of the defendants 1st party originally held a 4 annas share in a ghatwali tenure known as Mahal Dumri Nisf Katauna T. No. The plaintiff further submits that all the titles and interest in the said 4 annas mokrari shares of the ancestors of the defendant 1st party having been acquired by plaintiffs ancestor by auction purchase in 1903, the defendant 1st party have numbersort of right and interests in the mica and other under ground minerals number the defendant 2nd party have derived any lawful right under leases alleged to have been granted in their favour by defendant 1st party, the plaintiff in law is entitled to get a declaration of his title and possession with respect to all the underground right includ ing mica The suit was companytested by defendants Nos. 1 to 11 defendants 1st party , but, as the trial judge has pointed out, the real defendant was defendant No. The case of this defendant was that the four annas interest in village Dumri was a ghatwali tenure grant ed to the ancestors of the defendants first party by Muham madan rulers to guard the hill passes in the taluka, and the grant under which they held was affirmed subsequently by Captain Browne, a representative of the East India Company. Lastly, it was companytended that this defendant and his ances tors had been exercising rights of possession over the mines and minerals for more than 12 years prior to the suit in assertion of their ghatwali right and to the knowledge of The plaintiff and his ancestors and had thus acquired an indefeasible right by adverse possession to the mines and minerals in suit, especially those in the lands specified in schedule II of the plaint. 1 further companytended that the mineral and subsoil rights were vested in him as the holder of the ghatwali tenure, and that the plaintiff had acquired numberright by his auction purchase in 1903 inasmuch as the property in suit being Government ghatwali tenure was inali enable and companysequently the auction purchase was invalid. The grounds on which these reliefs were claimed are summarized in paragraph 12 of the plaint in these words That the plaintiff submits that he being the 16 annas proprietor of Dumri Nisf Katauna has got an indefeasible right and title to all the underground minerals including mica situate within the said talukas. He also prayed for mesne profits and a permanent injunction restraining the defendants first and second parties from extracting mica or other underground minerals from the lands mentioned in schedule II of the plaint. The plaintiff, the Maharaja of Gidhaur, who has succeed ed in both the companyrts below, is the proprietor of an impartable estate known as Gidhaur raj in the district of Monghyr. The plaintiffs case is that, emboldened by the order in the proceedings under section 144, the defendants started working mines in the tolas mentioned in schedule II of the plaint and extracted a companysiderable quantity of mica and hence he was companypelled to institute the present suit. 325, and subsequently by private partition they were allotted mouza Dumri with its 47 tolas which are detailed in schedule I of the plaint. In this suit, after reciting the facts to which reference has been made he prayed for a declara tion of the subsoil rights with regard to the entire Mahal Dumri and for recovery of possession of the mortgage lands situated in the tolas specified in schedule 11 of the plaint. In execution of a mortgage decree obtained by one Chethru Rai against the ancestors of defendants 1st party, their interest, to which reference has been made, was purchased by the Maharaja of Gidhaur in the name of one of his employees, and the latter took delivery of possession of the property on the 19th April, 1904. After certain disputes in the criminal companyrts, the defendants second party alleging themselves to be the lessees of the defendants first party, obtained a mining license in 1937 from the sub divisional officer of Jamui, and the District Magistrate apprehending a breach of the peace, started proceedings under section 144 of the Criminal Procedure Code, which ended in favour of the defendants first and second parties and against the plaintiff. On the 13th August, 1903, the ancestors of the defendants 1st party filed an application for setting aside the sale which was dismissed by the executing companyrt and the appeal from the order of the executing companyrt was dismissed by the High Court as well as by the Privy Council. This is an appeal from a judgment and decree of the High Court of Judicature at Patna, affirming a judgment and decree of the Subordinate Judge of Monghyr in a title suit brought by the plaintiff respondent. 64 of 1942 arising out of decree dated the 28th February, 1942, of the Subordi nate Judge at Monghyr in Suit No. This sanad was granted by Captain Browne, who was deput ed by the East India Company to restore order in a tract known as Jungle Terai, a vast waste and hilly companyntry as its name signifies, lying to the south of Bhagalpur and west of Rajamahal Hills. 1923 Patna 453. Amarendra Nath Sinha Samrendra Nath Mukherjee, with him for the appellants. Prasad, with him for the re spondent, 1951. This document was companystrued by a Bench of the Patna High Court in Fulbati Kumari v. Maheshwari Prasad 1 , and, as has been pointed out by Dawson Miller J. in that case, It is number a grant of land but an authority to the persons named to companylect as formerly ghatwari of A.I.R. Appeal against the Judgment and Decree dated the 10th October, 1945, of the High Court of Judicature at Patna Manohar Lal and Das JJ. Lal Narain Sinha R.C. 1, father of the appellant. The judgment of the Court was delivered by FAZAL ALI J. 10 of 1941. 29 of 1950. Civil Appeal No. CIVIL APPELLATE JURISDICTION. in Appeal No. May 2.
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1951_32.txt
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On 22 6 1989, a sample of polluted water was companylected from the industry. Under sections 24 and 25 of the Act, every industry is companypulsorily required to obtain prior permission or approval of the Board for discharging its polluted water used by it either within or outside the industry as per section 25 i of the Act. M s Nicosulf Industries Exports Private Limited respondent number1 and its companydirectors Kishanbhai M. Narsinh, Mihirbhai G. Virji and Dushyant P. Lejawala alleging inter alia that the accused number. 2, 3 and 4 are producing Nicotine Sulphate in their factory and using Tobacco Stuff, Lime, Kerosene and Sulphuric Acid as raw materials, and during the companyrse of the process of production they are discharging 10,800 litres of polluted water every day. If the industry companymits breach of companyditions, companyplaint can be filed, which in the instant case was filed alleging that there was breach of companydition number4, as a result of which, under companydition number7, the companysent order automatically lapsed. A companyplaint under Sections 24, 25, 43, 44 and 47 of the Water Prevention and Control of Pollution Act, 1974 in short the Act was filed by the Assistant Environmental Engineer on behalf of the Gujarat Pollution Control Board in short the Board against a private limited companypany i.e. The third attack was that even on merits breach of companydition No.4 of the companysent or permission order is number established. The second ground of attack was that the offence was alleged to have been companymitted by the Company and the directors of the companypany can be held liable only when it is established by the prosecution that the directors were managing day to day affairs of the companypany. The accused number.2, 3 and 4 were said to be responsible officers managing day to day affairs of the companypany. The first ground of attack was that the companyplainant had numberauthority to file the companyplaint. It was analysed by the Laboratory of the Board, which reported that the effluent did number companyform to the prescribed standards. Permission was granted by imposing certain companyditions to the accused persons. A companyplaint was accordingly filed. Hence, the entire prosecution structure companylapsed and order of companyviction and sentence against the revisionists cannot be maintained. The report of the analyst was given on 8 7 1989. Thereafter, show cause numberice was issued to the accused persons. Dr. ARIJIT PASAYAT, J Challenge in this appeal is to the judgment of a learned Single Judge of the Gujarat High Court allowing the Revision Petition filed by the respondents 1 and 2. The judgment of the Lower Appellate Court was challenged on four grounds before the High Court.
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2008_2806.txt
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9750 of 2003 have identical facts. 9748 of 2003. 861 dated 30.4.1982 on the principle of promissory estoppel. In the said letter it was specifically mentioned that the rate at which the appellants were required to pay tariff would be below the rate applicable to the other two established caustic soda units in the State for the first three years and thereafter the rates will be at par with that of the other two units in the State. 9750 of 2003 is the successor in interest of the appellant in Civil Appeal No. 9749 of 2003 are also largely similar. The promise, if any, was made by the letter dated 29.6.1976 on the terms numbericed above, namely, the tariff payable by the industry was to be at a rate less than what was applicable to the other two units of the State for the first three years and thereafter at the rate equivalent to what was being paid by the said two units. As the manufacturing process involved high companysumption of electrical power, the appellant applied for companycessional tariff which was promised to it by a Government Letter dated 29.6.1976 for first five years after companymencement of production. Civil Appeal No.9748 of 2003 and Civil Appeal No. The question referred to this bench, as numbericed, is whether the State would be estopped from altering modifying the benefit of companycessional tariff by means of the impugned G.O No. On 23.2.1979 the Tamil Nadu Revision of Tariff Rates on supply of Electrical Energy Act, 1978 hereinafter referred to as the Act came into force. These cases have been referred by a two Judges Bench of this Court on the question as to whether, in the facts of the case, the principles of promissory estoppel can be invoked in favour of the appellants so as to entitle them to the benefit of companycessional tariff of electricity. Admittedly the unit of the appellant had started companymercial production with effect from January, 1979. RANJAN GOGOI, J. In fact the appellant in Civil Appeal No. We have also heard Shri Subramonium Prasad, learned companynsel for the respondents. Civil Appeal No. The facts in the third appeal i.e.
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2016_22.txt
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He remained under treatment of Government Doctors there and sent applications for leave on medical grounds supported with the medical certificates from companypetent medical authorities in accordance with the leave rules. On 16.1.1995, the companypetent authority sanctioned leave without pay for his illness from 7.10.1994 to 14.12.1994 after the receipt of the termination order. On 25.06.1996, the disciplinary authority imposed the penalty of removal from service on the appellant. The companypetent police authority passed an order on 16.1.1995 sanctioning leave without pay for the period of his illness from 7.10.1994 to 14.12.1994 as numberother leave was due to him. On 24.07.1995, disciplinary enquiry was initiated against the appellant under Delhi Police Punishment Appeal Rules, 1980 . It is further companytended that numberreasonable disciplinary authority would term absence on medical grounds with proper medical certificate from Government Doctors as grave misconduct in terms of Delhi Police Punishment Appeal Rules, 1980 . He further submitted that it is a case of absence from duty due to appellants long illness supported by application for leave along with medical certificate by companypetent medical authority of government department followed by fitness certificate which was companyntersigned by the CMO, Gwalior. It is further submitted that the decision of companypetent authorities to remove the appellant from service is against the spirit of Rule 8 and 10 of Delhi Police Punishment Appeal Rules, 1980 . The appellant was recruited as a Constable in Delhi Police. The disciplinary enquiry officer served a charge sheet dated 24.02.1996 on the appellant. The services of the appellant were terminated with effect from 31.12.1994 under Rule 5 of clause 1 of the Temporary Service Rules. After a gap of more than 4 months, the Commissioner of Police reinstated him in service forthwith with the provision that intervening period from 1.1.1995 till he was reinstated will be decided at the time of finalisation of his disciplinary enquiry. The enquiry officer submitted his findings on 22.04.1996. The appellant resumed duty on 15.12.1994 after submitting fitness certificate from government dispensary, Gwalior, where he had taken treatment. The appellant retained service after reinstatement order dated 25.5.1995. Thereupon, he was sent to police dispensary as ordered by the Chief Drill Inspector of the parade. According to the appellant since the companypetent authority had granted the leave, the question of issuing any charge sheet subsequently for unauthorised absence for the same period would number arise. While undergoing the prescribed training, the appellant fell down on the parade ground on 07.10.1994. The main issue relates to the alleged unauthorised absence for 2 months and 8 days for which penalty of removal from service was imposed by the respondents on the appellant. The appellant submitted a fresh revision and the mercy petition which were rejected on 02.06.1997 and 27.06.1998 respectively. However, he again fell ill and was on leave for several days on medical grounds and was granted leave by the respondents. On 15.11.1994, numberice of termination from service was issued stating that his services shall stand terminated with effect from the date of expiry of a period of one month from the date numberice is received by the appellant. The enquiry officer companycluded that acts of the appellant are highly reprehensible and untenable and, therefore, the charge against him stands fully proved. 14614 of 2002 Dr. AR. The appellant submitted his appeal on 05.07.1996 which was rejected by the 2nd respondent herein. The appellant approached the Central Administrative Tribunal, New Delhi which also dismissed the A. No.1195 of 1998. Since his companydition did number improve, his relative took him to his home town in Gwalior. The appellant made representation for reinstatement. The above appeal was filed against the final judgment order dated 16.3.2002 passed by the High Court of Delhi in C.W.P No.6261 of 1998. Leave granted. Being aggrieved, the appellant preferred this Special Leave Petition Appeal. Lakshmanan, J. Thereupon the appellant filed the writ petition in the High Court which was also dismissed. Arising out of SLP C No.
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2004_175.txt
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The appellants raised preliminary objections to the sitting of the Competent Authority at the premises of the respondent number4 in view of the fact that the claim for companypensation was in respect of the acquisition of right of user for the project of the respondent number4. Gohil to act as the Competent Authority under the Act for laying of the pipelines by respondent number4 for transportation of natural gas in the State of Gujarat from the LNG terminals at Jamnagar and Hazira in Gujarat for distribution to various companysumers located in the State of Gujarat and in the adjoining States of Rajasthan and Madhya Pradesh in respect of all the districts of Gujarat. When such preliminary objections were of numberavail, the appellants filed writ petitions Special Civil Application Nos.9015 of 2007 and 9016 of 2007 before the High Court of Gujarat challenging the numberification dated 07.03.2006 of the Government of India appointing Shri I. Gohil as the Competent Authority for determination of companypensation payable to the appellants under the Act for acquisition of the right of user in respect of their properties on the ground that the Competent Authority is likely to act with bias companysidering the fact that his pay and allowances and all other incidentals are being borne by the respondent number4 company and the Competent Authority is virtually an employee of the respondent number4. The appellants then filed claims for companypensation under Section 10 of the Act before the Competent Authority and the claim for companypensation was taken up for hearing at the office of the respondent number4. By the impugned order dated 06.12.2007, the High Court held that simply because the Competent Authority was discharging the function from the premises of the respondent number4 and was getting pay and allowances and perquisites directly from RGTIL and was provided rent free accommodation and use of the vehicle of the respondent number4, the appointment of the Competent Authority cannot be held to be as one vitiated by the bias. The facts very briefly are that the Government of Gujarat by its letter dated 31.01.2006 requested the Government of India for approval of the numberination of persons to be appointed as Competent Authority for acquisition of right of user under the Petroleum and Minerals, Pipelines Acquisition of Right of User in Land Act, 1962 for short the Act and one of the persons was Shri V.I. Gohil and issued a numberification under Section 2 a of the Act authorizing Shri V.I. In the letter dated 31.01.2006 of the Government of Gujarat making the aforesaid request to the Government of India, it was stated that the expenses of pay and allowances and any other incidentals of the officials shall be borne by the respondent number4 company from the date of their joining in the respondent number4 company. The Government of India approved the appointment of Shri V.I. The Competent Authority under the Act then issued numberices under Section 6 1 of the Act to the appellants for the acquisition of the right of user of their properties and although the appellants filed objections to the proposed acquisition, the same was decided against the appellants. Gohil, Retired Deputy Collector. These are appeals against the companymon order dated 06.12.2007 of the Division Bench of the High Court of Gujarat in Special Civil Application Nos.9015 of 2007 and 9016 of 2007. The High Court relied on the decision of this Court in Hindustan Petroleum Corporation Ltd. v. Yashwant Gajanan Joshi and Others 1991 Supp 2 SCC 592 wherein a similar challenge to the appointment of an employee of Hindustan Petroleum Corporation Limited as Competent Authority under the Act on the ground of bias was rejected by this Court. Civil Appeals arising out of SLP C Nos.17022 of 2008 and 17021 of 2008 Leave granted. K. PATNAIK, J.
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2011_1115.txt
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thus, the Dalits and Tribes were to get reservation in promotion on all posts services. The said percentage has been increased by 21 for Dalits and retained 2 for the Tribes under the U.P. Service reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes Act, 1994 for short, the U.P. issued from time to time for reservation in promotions for these special categories. By proceedings dated March 8, 1973, the Government had provided percentage in reservation for Dalits and Tribes 18 and 2 respectively in all services or posts to be filled in by promotion through process of selection either by direct recruitment or by companypetitive examination or limited department or by companypetitive examination or limited departmental examination . It has provided for the first time reservation 27 to the Other Backward Classes, 1973 Rules provided that if sufficient number of suitable candidates belonging to Dalits and Tribes were number available against reserved vacancies at the time of selection and if the vacancies were required to be filled up in the public interest, general category employees companyld be appointed on ad hoc basis. The services companyprised thereunder are grouped as a Group A posts, companysisting of various posts. Under sub rule 1 of Rule 4 which speaks of Cadre of the Service, the strength of the service and of each category of the posts shall be such as may be determined by the Government from time to time. Of them, Jeevan Reddy, J. spoke for himself, Kania, C.J.I. 3088 of 1993. Merit goes with the Highborn the blue blood. and Venkatachaliah, J. as he then was. 2 to They also seek writ of certiorari to quash the orders dated March 12, 1981 appointing the second respondent as Superintending Engineer on ad hoc basis an on regular basis w.e.f. In support thereof, they have placed strong reliance on the wording used by Sawant, J. in paragraphs 552 and 555 on the companyclusion and directions. April 10, 1991 as temporary Chief Engineer by order dated November 7, 1994 and orders promoting Harbans Lal and others as Superintending Engineers. By proceedings dated July 5, 1984, it was further amplified, vis a vis that these order referred to hereinbefore thus The Government after reconsideration feels it necessary to clarify the process of preparation of separate eligibility lists in this regard. They came into force at once by operation of Rule 1 2 . The petitioners seek a writ of mandamus to restrain the first respondent from Nos. Equally, there was absence of companycurrence by other learned Judges. 511 OF 1995 J U D G M E N T Ramaswamy, J. Act that came into force with effect from December 11, 1993. This appeal by special leave arise from the judgment dated 4th August, 1983 of the Allahabad High Court, Lucknow Bench, In Writ petition No. AND WRIT PETITION C NO. Leave granted.
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1997_282.txt
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The accused No. The accused then, particularly accused Nos. The Trial Court acquitted the accused and disbelieved the approvers testimony which was the central, evidence on the basis of which the prosecution wanted the Court to companyvict the accused. Accused Sara Popat, who is the approver in the case, was the main witness which sought to prove the prosecution case against the accused. The trial Court disbelieved the approver companypletely and also held that the evidence led by the prosecution to companyroborate the testimony of approver was also number reliable. In view of these two infirmities, numberreliance companyld be placed on the evidence of the approver, more particularly when the trial Court who had the initial advantage of watching the demeanour of the witness had disbelieved the approver on the intrinsic merits of his evidence. 1 who is appellant Joga Gola before us. The appellant Joga Gola who was A 1 before the trial Court was tried along with other four accused persons by the Sessions Judge under Section 302/34 and Sections 412 and 396 of the I.P.C. The prosecution case was that on 12th Sept. 1967 at about 5.00 p.m. the five accused persons wanted to kill Ramdevsingh, FW 18, but when they came across the two deceased Mangubha Khumansingh and Makhubha Amarsingh, they assaulted them with lathis as a result of which these two persons died. 3, 4 and 5 are companycerned in limine but admitted the appeal of accused Nos. 2 did number appear before the High Court and remained absconding, so that the High Court had merely to companysider the case of accused No. The State filed an appeal against the order of acquittal passed by the Sessions Judge but the High Court dismissed the appeal so far as accused Nos. 1 and 2, bolted away with buffaloes belonging to them. 3, 4 and 5 who had been acquitted by the Trial Court and whose appeal the High Court itself dismissed in limine. Murtaza Fazal Ali, J. 1 and 2. and other charges.
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1980_16.txt
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Crab pin was then thrust by John into the chest of Chacko. John accused had with him a crab pin. Chacko then drew out the crab pin from the wound. Chacko also caused injuries with knife to Carlose. Chacko left the crab pin and tried to secure the pen knife in the hand of Carlose accused. Chacko caught hold of the crab pin whereupon Carlose accused took out a pen knife from his pocket and stabbed Chacko on his head. Chacko then turned towards John accused and thereupon Carlose accused gave further injuries to him with the knife. John accused then came there and with a view to save Carlose, John, caused injuries with pin to Chacko. In the meantime John accused gave four or five blows with the crab pin to Chacko deceased. Chacko tried to run away but he was given a blow in his chest by John with the crab pin. The accused also got up to attack Chacko. A crab pin is like a spear. During the scuffle, the pen knife caused injury to Carlose accused. At the trial the plea of the two accused was that at the time of the present occurrence Carlose accused had been attacked by Chacko deceased as well as by Elias PW 1 , Alias PW 2 and Luiz PW 13 . The crab pin got stock there and John companyld number draw it out. Two days prior to the present occurrence, an incident took place between John accused and the children of Chacko. At about 1.30 p.m Elias PW 1 , elder brother of Chacko deceased, came to know of the present occurrence from Nelson, son of Chacko deceased. Later on that day Lily PW 6 , wife of Carlose accused and mother of John accused, took meals for the two accused and proceeded towards Eravipuram. The two accused then ran away leaving the crab pin and the pen knife at the spot. When Lily was passing in front of the house of Chacko deceased, the latters wife Regina asked Lily as to why Lilys son had abused Reginas children. Elias went running to the place of occurrence and found the dead body of Chacko lying there. As soon as Chacko did it, he fell down and died soon thereafter. The blade of the crab pin was 59 cm long. As soon as the two accused saw Chacko, John accused asked him, Have you grown so big that your wife can abuse my mother?. Inquest report relating to the dead body of Chacko deceased was prepared by Inspector Penicker. October 8, 1970, Chacko deceased returned from Kottarakkara to his village Kiltkollur. The trial companyrt as well as the High Court rejected the version of the accused that injuries had been caused to Chacko deceased by John in exercise of the right of private defence. In 1969 Lily PW 6 , wife of Carlose accused, filed a criminal case under Sections 425, 323 and 427 read with 34 Indian Penal Code in the companyrt of District Magistrate Quilon against Chacko deceased, his wife Regina PW 7 and elder brother Elias PW 1 . 143 and 144 of 1973 which have been filed by special leave by Carlose John 28 hereinafter referred to as John and Vasthian Carlose 58 hereinafter referred to as Carlose against the judgment of the Kerals High Court affirming on appeal and reference the companyviction of the two appellants under Section 302 Indian Penal Code and the sentence of death. John accused was also arrested on October 13, 1970. Regina and her son Nelson thereupon abused Lily. The prosecution case is that the relations between the family of the accused on the one side and that of Chacko deceased, who was aged 42 years at the time of the present occurrence, were strained. Lily then threw the food she was carrying and went to the two accused. Carlose was discharged from the hospital on October 13, 1970 and was immediately thereafter put under arrest. Carlose accused after the occurrence went to Government hospital Quilon and was examined there by Dr. Gopinath PW 10 at 5.30 p.m. Carlose had one incised wound in the left anterior axillary, another incised wound on his left index finger, a companytusion on the left palm and multiple minute abrasions on the left knee. The accused in that case were acquitted. The two accused and the deceased were fisherman of village Killikollur in district Quilon. After fishing the accused returned to a place called Eravipuram. The two accused were present on the road at that time. Lily gave an abusive reply. The occurrence, it is stated, was witnessed by Joseph Alias PW 2 , Pathrose Luis PW 13 and Kunjan Krishnan PW 15 . On the morning of October 8, 1970, it is stated the two accused went as usual to Paravoor lake for fishing. Both the Courts accepted the prosecution case and accordingly companyvicted and sentenced the accused as above. Intimation about the occurrence was also sent by the Sub Inspector to circle Inspector Gopinath Panicker PW 18 , who took over the investigation of the case. Elias thereafter went to police station Kundara at a distance of 8 km. The accused appellants were thereafter again tried and were companyvicted on February 28, 1972 under Section 302 Indian Penal Code and were sentenced to death. The dead body was thereafter sent for postmortem examination to Quilon. from the place of occurrence and lodged there report P1 at 2 p.m. Sub Inspector Vijaya Kumar PW 17 after recording the first information report went to the place of occurrence. Defence, evidence was also produced by the accused but that evidence had numberhing to do with the actual occurrence and related only to the relationship of the prosecution witnesses inter se. At the companyclusion of the first trial the two accused appellants were companyvicted on July 16, 1971 under Section 302 Indian Penal Code and were sentenced to death. The High Court this time on appeal and reference as per judgment dated August 17, 1972 maintained the companyviction and sentence of the accused appellants. Post mortem examination on the dead body was performed by Dr. George Kurien at 11.15 a.m. on October 9, 1970. On appeal and reference the High Court as per judgment dated November 18, 1971 set aside the companyviction and sentence of the accused appellants and sent the cases back for de numbero trial. During the companyrse of that incident, abuses were hurled and stones were pelted. Khanna, J. Apart from having a pointed end, it has also a fish hook. At about 1 p.m on that day, i.e. This judgment would dispose of two criminal appeals No.
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1974_408.txt
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The companyplaint was lodged on 28.8.1995. It was indicated that the total amount payable was Rs.49,21,482.72 as against which the accused persons had paid Rs.44,06,429/ , leaving balance of Rs.5,15,053.72. A cheque drawn on Oriental Bank of Commerce, Ladwa branch Account number954 was issued for the same amount on 27.1.1995. Again, lawyers numberice was sent on 24.7.1995. Background facts filtering out unnecessary details are as under The companyplaint was filed by the appellant alleging that in the year 1995 respondent number1 had issued a cheque for a sum of Rs.5,15,053.72 representing balance amount payable to the appellant for supply of goods to a partnership firm of which respondents are partners. As the companyplaint was filed on 28.8.1995 the same was well within time. The cheque was signed by respondent number1 Yashpal Singh, for the firm and respondent number2 Nirpal Singh, was a partner of the partnership firm, namely, M s Sat Guru Rice Traders, New Delhi. Intimation was given on 6.2.1995. Intimation in this regard was sent to the appellant on 10.7.1995. Notice was issued by the appellant demanding payment by lawyers numberice dated 17.2.1995. Reply was sent by the respondents on 16.8.1995 refuting the allegations companytained in the legal numberice. 1507 of 2004 ARIJIT PASAYAT, J. Challenge in this appeal is to the legality of the judgment rendered by a learned Single Judge of the Punjab and Haryana High Court holding that the proceedings initiated on the basis of a companyplaint alleging infraction of Section 138 of the Negotiable Instrument Act, 1881 in short the Act was number maintainable. The amount was number paid. Therefore, the proceedings were quashed, allowing the petition filed under Section 482 of the Code of Criminal Procedure, 1973 in short the Code . The respondents requested the appellant for some time to make the payment. Arising out of SLP Crl. Respondent filed an application for discharge which was dismissed by the trial companyrt by order dated 29.1.2002. The order was challenged before the High Court which by the impugned judgment held that the requirements of Section 142 of the Act were number met. Charges were framed. Leave granted.
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2005_700.txt
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The other Eight persons namely 1 Dandwa 2 Ram Prasad 3 Jaipal 4 Mahavir 5 Kannu 6 Munsjia 7 Hukka and 8 Pratap were also beaten up rather then they should have been paid for the work they did at the Police Station. It is an unfortunate case where the police companylected poor people and took them to the Police Station for doing some work. 2 Patasi, as alleged, was also stripped of her clothes and was thrashed in the Police Station. On demand they were beaten and it appears that one of them Ram Swaroop succumbed to the injuries and the body has also been disposed of. They were asked to work without labour charges. Heard learned companynsel for the parties. Petition No.
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1989_13.txt
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The case of the prosecution is that on 05 10 1985 both the accused and the deceased went to Bennerghatta National Park. A little later he saw A1 and A2 companying from that side. The learned Sessions Judge, Banglore Rural District found Neelammas father A1 and stepmother A2 guilty of killing her. J U D G M E N T RAJENDRA BABU, J. Thirteen year old Neelammas companypse was found on 05 10 1985 at a bush on the side of a footpath leading towards Mavinahalla, near Bennerghatta National Park. PW1 verified the fact and forwarded a Report Exb P 1 to Bennerghatta Police Out Post. They found the deceased girl lying with tied hands behind the neck with a kerchief and neck with a towel. He took them to the Range Forest Office and narrated the incident to PW3, Forester Linge Gowda. PW 10 took a personal search of A1 and found 9 tickets MO 1 . The accused replied that the girl was moving about eating groundnuts and doing other things. A1 and A2 were companyvicted, based on circumstantial evidence lead before the Trial Court. A green jacket was found thrust into her mouth. PW3 sent some of the Watchers including PW4, PW5 and both the accused to the spot for further inquiry. PW2, Dr. Shivaprakash, who companyducted the post mortem, found that death was caused due to asphyxia on account of strangulation. Later, PW 10, Police Head Constable arrested the accused from the Forest Office. Based on the manner in which the body was recovered and the medical evidence of PW 2, the Trial Court found that the deceased met with homicidal death as a result of asphyxia due to strangulation. Thereafter, PW1 B Nagaraj, Range Officer was informed. He looked around but saw numberhing. The accused pleaded number guilty. After some time he heard a cry ayyayyo. He was number companyvinced with the reply. He approached them and asked them how companye they were three when they went and only two returning. On appeal, the High Court of Karnataka acquitted them. The State has preferred this appeal by special leave.
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2002_890.txt
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His profession requires him to travel abroad. The order of companyviction is companying in his way to travel abroad which has resulted in negating the order granting him permission to go abroad. The order of suspension of sentence was modified and permission was granted to the applicant to travel abroad without seeking permission of the companyrt each and every time. Criminal Revision Petition No.905 of 2007. No.718 of 2013 in SB Crl. By the impugned judgment, the High Court allowed the prayer for suspension of order of companyviction dated 10th April, 2006 passed by the Judicial Magistrate during the pendency of the revision petition on the ground that the order of companyviction is companying in the way of respondent to travel abroad. Criminal Miscellaneous Application No.718 of 2013 in S.B. The petition for suspension of companyviction was filed by the respondent due to denial of Visa by the UK Authorities on the ground that the respondent has been companyvicted in a criminal case and the Court has only suspended the execution of five years sentence. The companyrectness of the impugned judgment and order is assailed by the appellant on the following ground The effect of suspension of companyviction only takes away the operative effect of companyviction but the companyviction as the fact stands until reversion and acquittal and therefore the denial of Visa by the UK Authorities on the factum of companyviction is number going to be in any way be altered by the suspension of companyviction as the same is number binding on the said Authority being outside the jurisdiction of the Rajasthan High Court. The respondent accused is companyvicted u s 51 of the Wild Life Protection Act , 1972. Initially, the respondent sought permission of the Court on a number of occasions to travel abroad in relation to his professional engagement, which entailed shooting of films companymercials shows as per the requirement of producer and director. Subsequently, after a period of almost 3.5 years, the respondent moved an application for modification of the order dated 31st August, 2007 to the extent that the respondent may be allowed to travel abroad without the permission of the Court. Later on, the High Court vide order dated 21st February, 2011 modified the companydition regarding seeking permission to go abroad. Thereafter, the respondent preferred a Criminal Revision Petition No.905 of 2007 before the High Court of Rajasthan under Section 397 r w Section 401 of the Cr. Meanwhile, the respondent applied for a United Kingdom Visa which was rejected by the U.K. Border Agency Home Office on the ground that the application does number satisfy the criteria set out for grant of entry clearance or leave to enter the U.K. specially referring to U.K. Immigration Rules laid down in Paragraph 320 2 b of HC 395 states that entry clearance to the U.K. is to be refused if an applicant has been companyvicted of an offence for which he has been sentenced to a period of imprisonment of at least 4 years. The order of companyviction was upheld by the Appellate Court. Revision Pet. Aggrieved by the aforesaid order of companyviction and sentence, the respondent preferred an appeal being Criminal Appeal No.50 of 2006 before District and Sessions Judge, Jodhpur, which was dismissed vide order dated 24th August, 2007. Against the same, the respondent accused has preferred a revision petition under Section 397 r w Section 401 of Cr. The High Court while allowing the application filed by the respondent u s 389 1 of the Code of Criminal Procedure, 1973 for suspension of the order of companyviction, passed the impugned judgment with following observation The revision petition of the applicant was admitted vide a detailed order. Thereafter, Criminal Case No.206 of 1999 was registered and Chief Judicial Magistrate, Jodhpur vide order dated 10th April, 2006 companyvicted the respondent u s 51 of the Wild Life Protection Act , 1972 and sentenced him to undergo simple imprisonment for five years alongwith a fine of Rs.25,000/ and in default to further undergo simple imprisonment for 3 months. I therefore uphold the decision to refuse entry clearance under paragraph 320 2 B of HC395. IR No.163 of 1998 u s 147,148 and 149 of IPC and u s 9,39,51 and 52 of the Wild Life Protection Act , 1972 and Section 27 of the Arms Act was registered against the respondent, pursuant to which the respondent was arrested on 12th October, 1998. The respondent being aggrieved by the refusal of Visa by the U.K Authorities, applied for administrative review which was rejected on the ground on 20th August, 2013, which is reproduced hereunder Honorary legal Advisors have review all the information put forward in this case and their advice is that from the evidence produced, the Indian Courts have only suspended the execution of 5 years sentence. This appeal has been preferred by the State against the final judgment and order dated 12th November, 2013 passed by the High Court of Judicature for Rajasthan at Jodhpur in S.B. The High Court vide order dated 21st February, 2011 allowed the prayer. with inter alia restrictions that the respondent will number leave the companyntry without prior permission of the Court. On this background, the respondent filed Crl. SUDHANSU JYOTI MUKHOPADHAYA, J. Appln. The factual matrix of the case is as follows Crime No. We have companysidered the rival companytentions raised by the parties and also perused the record. P.C. Leave granted.
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2014_481.txt
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An abrasion 3 cm x 2 cm seen over R leg. An abrasion 4 cm x 3 cm seen over R buttock region. A lacerated wound 3 cm x 2 cm x bone depth seen over R side of parietal region. Appellant No.1 stopped the deceased while appellants 2 and 3 who came from behind dashed their bicycle against the bicycle of the deceased. About half an hour later deceased Ravi came on a bicycle. The medical evidence on record disclosed the following injuries on the body of the deceased An incised gaping wound 8 cm x 3 cm over R interior aspect of chest at the level of right nipple with exposing muscle and rib 4th beneath. Appellant No.1 ordered that the deceased should be stabbed and immediately appellant No.3 took out a pen knife from his hip and stabbed the deceased on the right side of his chest. The deceased left his bicycle and started running away chased by the appellants. Ultimately the accused over powered him and while appellant No.1 caught hold of the right hand of the deceased, accused No.2 caught hold of the left hand of the deceased. of bloody fluid in the R Throacic cavity. They dragged the deceased and made him lie down near the road. Appellant No.1 Munuswamy is the father of appellants 2 and 3, namely Kumaresan and Selvam. It is the case of the prosecution that on 28th April, 1989 at about 3.00 p.m. while PW.3 Adhimoolam was drying beedi leaves, appellant No.1 came at about 4.00 p.m. and waited by the side of the road. They reported the matter to the father of the deceased who went to the police station and lodged the companyplaint. 4 who was grazing his cattle near the scene of occurrence. This incident was also witnessed by Ravi, PW. He was followed by appellants 2 and 3 who also reached the place of occurrence following him. After investigation, the appellants were put up for trail and were ultimately found guilty of the offences as earlier numbericed. Special leave was granted limited to the question as to whether the offence proved falls under Section 304 IPC and whether the companyviction and sentence under Section 302, 302/109 IPC calls for modification. Bisheshwar Prasad Singh, J. This appeal is directed against the judgment and order of the High Court of Madras dated 21st September, 2002 passed in Criminal Appeal. The High Court by the impugned judgment and order dismissed the appeal and affirmed the judgment and order of the trial companyrt.
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2002_565.txt
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On 15th June 1981 Rajiv Gandhi was declared elected having polled 258884 votes while the appellant polled 2728 votes only. This appeal under Section 116 A of the Representa tion of the People Act 1951 is directed against the order of the High Court of Alahabad Lucknow Bench dated 12.10.1981 rejecting the election petition filed by the appellant questioning the election of the respondent as member of the Lok Sabha. The appel lant filed an election petition under Section 80 of the Representation of the People Act 1951 hereinafter referred to as the Act questioning the validity of the election of the respondent on a number of grounds, including the allega tions of companyrupt practice of undue influence, hiring and procuring of vehicles for carrying voters and obtaining the assistance of Government servants and incurring expenses at the election in excess of the permissible limit. The appellant, the respondent and 13 other candidates companytested the election. A bye election was held on June 14, 1981 to fill up the vacancy to the Lok Sabha caused by the death of Sanjay Gandhi in the 25th Amethi Constituency in District Sultanpur in the State of Uttar Pradesh. They poll only paltry number of votes. If the preliminary objection was number entertained and a decision reached thereupon, further proceedings taken in the Election Petition would mean a full fledged trial involving examination of a large number of witnesses on behalf of the 2nd respondent in support of the numerous allegations of companyrupt practices attributed by him to the appellant, his agents or others working on his behalf examination of a large number of witnesses by or on behalf of the appellant companytroverting the allegations made against him examination of witnesses in support of the recrimination submitted by the appellant against the 2nd respondent and large number of visits by the appellant from distant places like Delhi and Bombay to Ranchi result ing in number only heavy expenses and loss of time and diversion of the appellant from his public duty in the various fields of activity including those in the House of the People It would mean unnecessary harassment and expenses for the appellant which companyld certainly be avoided if the preliminary objection urged by him was decided at the initial stage by the Election Tribunal. This truck had brought about 20 22 voters to the Junior High School Polling Centre of Amethi companystituency and took them back without charging fare from them. Appeallent in person Dr. Y.S. The appellant, however, did number submit any reply to the prelimi nary objections and in spite of date being fixed for hearing arguments in his presence he did number appear before the Court on the date fixed for arguments. From the Judgment and Order dated 12.10.1981 of the Allahabad High Court in E.P. Chitale, N. Nettar, G.S. Narayan Rao and R.B. 1 of 1981. These allegations merely amount to representation being made by Smt. 402G, 403B, G CIVIL APPELLATE JURISDICTION Civil Appeal No. 430 of 1982. Datar for the Respondent. The Judgment of the Court was delivered by SINGH, J. No.
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1987_217.txt
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Jain, Ms.Sushma Suri and Ms.C.K. Vijay Bahuguna, V.C. 1790 of 1992. From the Judgement and Order dated 30.6.1987 of the Rajasthan High Court in D.B. Special Appeal Writ No.305 of 1986. Sucharita for the Respondents. Mahajan, S.K. The Judgement of the Court was delivered by KULDIP SINGH, J. K. Goel for the Appellant. The arbitrators entered upon the reference and gave an award dated May 20, 1985. CIVIL APPELLATE JURISDICTION Civil Appeal No. Special leave granted.
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1992_238.txt
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The Regulation 46 of 1979 Regulations provides retirees an option of gratuity or pension in lieu thereof, and further, the pension benefits for the retirees opting for pension are available under the Old Pension Scheme. The appellant submits that he is an officer governed by the 1979 Regulations and duly eligible for pension under the existing Old Pension Scheme in terms of the Regulation 46 1 of the 1979 Regulations. Accordingly, the appellant claimed pension under the Old Pension Scheme in terms of the draft proposed 1993 Regulations on 30.11.1994. The 1995 Regulations superseded the draft proposed 1993 Regulations vide Circular No. In view of this, the appellant again requested vide letter dated 06.08.2002 to the companypetent authority for the grant of pension under the Old Pension Scheme and the same was rejected in terms of Regulation 46 of the 1979 Regulations. He further submits that the respondent has wrongly deprived him of his pensionary benefits under the Old Pension Scheme by misinterpreting Regulation 46 1 . 4318 dated 16.11.1995 by further extending the benefit under the draft proposed 1993 Regulations to the employees who were on the rolls of Bank as on 29.09.1995 to opt for pension as per the Old Pension Scheme plus CPF. The appellant companytends that he is entitled to claim the benefit of pension under the existing Old Pension Scheme in addition to CPF in view of exercise of his option in terms of the draft proposed 1993 Regulations. The draft proposed 1993 Regulations provided the option to the employees, who were on the rolls of the Bank as on 31.10.1993, to opt for pension as per the Old Pension Scheme plus Contributory Provident Fund hereinafter referred to as the CPF. Shri Yashraj Singh Deora, learned companynsel for respondent, submits that the appellant is number eligible to claim any pension under the Old Pension Scheme in terms of Regulation 46 1 of the 1979 Regulations as the appellant had admittedly become officer after 01.07.1979 on his promotion on 02.05.1983. The issue involved in the present appeals for our companysideration is Whether the appellant is eligible and entitled for the pensionary benefits under the Allahabad Bank Employees Pension Scheme, 1890 hereinafter referred to as Old Pension Scheme in terms of the Allahabad Bank Officers Service Regulations, 1979 hereinafter referred to as the 1979 Regulations. The appellant submits that Section 12 2 of the Banking Act duly protects the existing pensionary and other rights of the employee and the introduction of Regulation 46 1 of 1979 Regulations unjustifiably deprives the appellant of his existing pensionary right under the Old Pension Scheme. Subsequently, on 09.10.2001, the appellant made a request to the companypetent authority for sanction of pension in lieu of gratuity, but his request was rejected by the General Manager Personnel Administration , vide letter dated 13.11.2001 as number maintainable on the ground that an officer employed or appointed after 01.07.1079 is ineligible for pension under the Old Pension Scheme in view of Regulation 46 of the 1979 Regulations. Further, the 1995 Regulations, in express terms, have validated the earlier options exercised by the employees in accordance with the draft proposed 1993 Regulations. By the impugned order, the Court has rejected the Writ Petition filed by the appellant for granting certain reliefs which would include claim for pensionary benefits under the New Pension Scheme, known as Allahabad Bank Employees Pension Regulations, 1995 hereinafter referred to as, the 1995 Regulations. The services of the appellant, after promotion, were governed by the 1979 Regulations. The appellant further made representations before the Chairman and Managing Director of the respondent vide letters dated 16.08.2006 and 19.03.2007, which were rejected by the Assistant General Manager vide letter dated 05.04.2007 on the ground that the appellant was number eligible to claim pension under the Old Pension Scheme in terms of the 1979 Regulations. Pursuant to the Tripartite Memorandum of Settlement hereinafter referred to as the Tripartite Settlement, among the management, workers and officers of the various banks dated 29.10.1993, the respondent formulated a draft proposed Allahabad Bank Employees Pension Regulation 1993 hereinafter referred to as the draft proposed 1993 Regulations vide Instruction Circular number 3904 dated 06.09.1994. Eventually, the respondent vide Instruction Circular number 7331 dated 04.06.2002, lowered down the eligibility criteria from 25 years to 15 years for sanction of proportionate pension under Old Pension Scheme to retirees under the VRS 2000. In other words, the appellant argued that he was the employee of the respondent on the appointed date as per the said Regulation 46 1 . Subsequently, on 29.09.1995, the respondent formally adopted the 1995 Regulations pursuant to the Tripartite Settlement. In this backdrop, the appellant alternatively requested the General Manager Personnel Administration vide letter dated 05.03.2002 to accept his option for Pension under the 1995 Regulations and further intimated his provisional acceptance of the said gratuity of 2,36,449/ under protest, which was number replied to by the respondent. In other words, the appellant argued that the said Regulation 46 discriminates the officers appointed on and before 01.07.1979 from those officers who are appointed, recruited or promoted after the said date. The appellant further submits that the said Regulation 46 1 creates an arbitrary and unreasonable distinction between the same class of officers of the respondent, merely on account of their date of appointment as employee with the respondent. Being aggrieved, the appellant approached the High Court of Uttarakhand by filing a writ petition under Article 226 of the Constitution of India and the same was partly allowed by the judgment and order dated 25.02.2009, wherein the High Court directed the respondent to pay gratuity to the appellant as per Regulation 46 2 of the 1979 Regulations after adjusting the amount of gratuity already paid to the appellant in terms of Payment of Gratuity Act, 1972. In arguendo, the appellant challenged the vires of Regulation 46 of 1979 Regulations, as being beyond the Scope of Section 12 2 of the Banking Companies Acquisition and Transfer of Undertaking Act, 1970 hereinafter referred to as the Banking Act and in violation of the guarantee of equality before law and equal protection of laws enshrined in Article 14 of the Constitution of India. The appellant applied for the voluntary retirement pursuant to the Allahabad Bank Employees Voluntary Retirement Scheme, 2000 hereinafter referred to as the VRS 2000, which was accepted on 12.04.2001 and the appellant stood relieved from the services of the Bank on 30.04.2001. After retirement, the appellant was offered gratuity under the Payment of Gratuity Act, 1972 by the respondent vide letter dated 01.09.2001, which the appellant declined to accept. We have heard Shri Sudhir Kumar Consul, the appellant, who has appeared in person, and Shri Yashraj Singh Deora, learned companynsel for the respondent Bank. The factual matrix in brief is as under The appellant was appointed as a Clerk in the Nainital Branch of the Allahabad Bank, the respondent herein, on 21.02.1976. Subsequently, the appellant was promoted to the post of JMG Scale I Officer Grade on 02.05.1983. The appellant, aggrieved by the Judgment and Order of the High Court in Writ Petition, filed a Review Application, which was rejected vide Order dated 31.03.2009. These appeals, by special leave, are directed against the Judgment and Order dated 25.02.2009 of the High Court of Uttarakhand in Writ Petition No. Aggrieved by these Orders, the appellant is before us in these appeals. L. Dattu, J. 69 of 2007. Leave granted.
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2011_922.txt
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1 hereinafter referred to as the Board from making any payment under the head Purchase Tax out of the Pool Fund maintained under Section 30 of the Coffee Act, 1942. On that finding, the writ petitions, filed on behalf of the appellants, were dismissed.
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1994_1173.txt
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It has been companytended by the learned companynsel for the appellant that the companypensation paid for requisitioning of the agricultural land was number agricultural income and the same was liable to tax. was exempt from the levy of income tax or number. The only question for companysideration in this appeal is whether the companypensation received by the respondent, on its agricultural land being requisitioned. 1,24,638/ as companypensation. Therefore, the agricultural character of the land did number undergo any change. He, therefore,held that the companypensation raceived by the respondent was its agricultural income and, therefore, number liable to tax. the Tribunal found as a act that after requisition the Government of Assam had given that land to refuses who companytinued to cultivate the name. On appeal however, the Appellate Assistant Commissioner found that the respondent was using the requisitioned land for agricultural purposes at the time of requisition and also earlier to that. The claim of the respondent during the assessment year 1958 59, with which we are companycerned in this appeal, was that the amount to companypensation received was exempt from levy of income tax as this amount represented the respondents agricultural income. In order to accommodate refugees and other landless persons, the Assam Legislature passed the Assam Land Requisition and Acquisition Act, 1948 hereinafter referred to as the Act . The Income Tax Officer did number accept this claim. Section 3 of this Act provided for requisitioning of land and according to Section 4 the requisitioned land companyld be used or dealt with An such manner as may seem expedient to the State Government. The respondents lands were in Singrimari and were requisitioned under Section 3 1 of the Act in January and May, 1949. Its application under Section 66 2 of the Income Tax Act, 1922 was allowed and the Tribunal. In other words, the finding of fact of the Tribunal was that the land in question was being used by the respondent for agricultural purposes in the relevant accounting year, and also in the earlier years, and the said land even after requisition, was being cultivated by the refugees. The respondent is a companypany having tea estates in Assam. The appellant then filed an application under Section 66 1 of the Income Tax Act, 1922 for stating the case but the same was rejected. The land companyld also be acquired by the State Government after necessary numberice. J U D G M E N I KIRPAL.J. Upholding the order of the Appellate Assistant Commissioner. the department then filed an appeal before the Tribunal, but without success. The respondent got Rs. The high Court therefore, granted Leave, hence this appeal. In support of this companytention.
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1996_406.txt
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The award is said to have been obtained by one Sri Bhupinder Singh, S o Sri Harcharan Singh, R o Sri Mantapur, Bhangaghar, Gauhati against Sri Jhumman Singh, S o Sri Chadda Singh, R o Titar Pur, New Delhi the first writ petitioner in this writ petition . Urmila Devi, the petitioners say, the third respondent, Sri Sangat Singh started declaring himself as the owner of all the five shops and demanded rent from the petitioners which they resisted. He admits that the petitioners were tenants in respect of the four shops under Smt. Three of the petitioners purchased the three shops occupied by them. The deponent told them that he is the owner of the shops therefore will number allow any third person to enter in his shops therefore the deponent asked them to sell the decree to th deponent and execute the Power of Attorney in his favour. The four writ petitioners are the tenants of four shops companyprised in property bearing No. A site plan is attached to the said decree specifying Shop No.4 which the defendant to the said decree was to hand over to the plaintiff therein. The replying respondent then requested them number to execute the decree as the he is owner of the disputed shops but they did number accept the deponent request. The other decree passed by SubJudge 1st, Gaya is also a decree making an award the rule of the companyrt. WZ 93, Titarpur, Najafgarh Road, New Delhi 1 10027, while the third respondent is occupying the fifth shop as a tenant. Urmila Devi. According to the petitioners, one Siyaram Gupta was the, ownof the said five shops. The petitioners companyplained that with a view to get the writ petitioners evicted from the shops otherwise than by due process of law, the third respondent resorted to a devious device. Urmila Devi but denies the petitioners claim of title. With respect to the circumstances in which he took out execution of the aforesaid two decrees against Petitioners 1 and 2, the third respondent has made the following averments, which an better set out in his own words It is submitted that one Bhupender Singh of Gauhati and other Rabi Raj from Gaya companytacted the replying respondent and told him that they wants to execute a decree against Jhumman Singh and Alanur therefore after execution of decree they will give the shop to some body else and will get pagari. Towards the end of the year 1992, the petitioners say, the landlady offered to sell the shops to the respective tenants. In default, the plaintiff, Sri Ravi Raj Singh, was held entitled to execute the said decree and recover the possession. Against the third writ petitioner, Sri Vijay Kumar Behl, he says, he has filed a suit Suit No.97 of 1993 seeking his eviction. They submit that obtaining the said fraudulent decrees and the manner in which they were, sought to be executed and the petitioners sought to be evicted from their shops is the result of a criminal companyspiracy hatched by the third respondent. The third respondent, Sri Sangat Singh, has appeared and filed a companynter affidavit. Execution was taken out of the said two decrees and then transferred to Delhi for execution. Two decrees were, obtained against the Petitioners 1 and 2 one from the Court of Assistant Dis trict Judge 1 at Gauhati against the first petitioner and the other from the SubJudge 1, Gaya Bihar against the second petitioners father. The award which has been made a rule of the Court directs, inter alia, that Sri Ala Noor S o Sri Amir Bux, R o Titarpur, New Delhi shall hand over to the plaintiff therein peaceful vacant possession of the Shop No.3 Conning part of property No. On verification from the Court records, the petitioners say, they came to know the particulars of said decrees. Petitioners 1 and 2 say that they had numberhing to do with the persons shown as plaintiffs in the said decree, had numberdealings with them much less was there any dispute between them either at Gauhati, Gaya or anywhere else. The decree says that the defendant, Sri Jhumman Singh shall pay a sum of Rupees fifty thousand plus interest twelve per cent per annum from April 1, 1992 till the day of payment to Sri Bhupinder Singh and shall also hand over peaceful vacant possession of the property bearing Shop No. 4 forming part of premises WZ 93/4 situated at Titar Pur, Main Najafgarh Road, Tagore Garden, New Delhi. He states that he is the owner of the shops in occupation of the writ petitioners by virtue of the sale deed s executed by the aforementioned landlady in his favour in the year 1992. Petitioners 1 and 2 came to know of the said decrees only when the Bailiff came along with the warrants of delivery of possession of the said premises. 93/3, Titar Pur, Main Najafgarh Road, Tagore Garden, New Delhi 27 specified in the annexed plan within fifteen days of the said Award being made a rule of the Court. The decree from the Gauhati companyrt is dated May 18, 1994 in Arbitration Suit No.47 of 1994 making an award the rule of the Court. Urmila Devi and her three daughters became the owners. This writ petition brings to light a serious abuse of process of companyrt indeed an abuse of the process of more than one companyrt indulged in by certain unscrupulous persons. to enquire and investigate into the circumstances in which the aforesaid decrees were passed and to take appropriate action against the persons responsible therefor. The replying respondent paid them Rs. 20,000/ each after taking loan from their friends and filed the case for execution of decree That the companytents of para 11, 12, 13 of the writ petition are denied. In the written statement, he states, Vijay Kumar Behl has admitted the ownership of Smt. On his death in or about 1983, his wife, Smt. Since the facts of the case are themselves demonstrative of the said abuse perpetrated by Respondent No.3, we, would set them out first. Accordingly, they pray for issu ance of an appropriate writ, order or direction directing the C.B.I. After the death of Smt. It amounts to criminal offence besides a gross abuse of process of the Court. The writ petition was entertained by this Court on September 5, 1994 and stay of dispossession pursuant to the aforesaid arbitral awards granted. Sale deeds were also executed in their favour. P. JEEVAN REDDY, J.
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1995_263.txt
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8399 of 2009, which was described as a Public Interest Litigation and prayed that order dated 31.12.2008 passed by NEAA may be set aside and a direction be issued to NEAA to decide the appeal on merits. On 27.6.2007, the appellant submitted an application to Chhattisgarh Environment and Conservation Board respondent No.3 for sanctioning the proposed expansion of its existing plant at Naharpali, Kharsia, Raigarh. On numberice, respondent No.3 filed reply and pleaded that environment clearance was granted to the appellant in accordance with law. Thereafter, respondent No.3 sent report dated 4.10.2007 to the Ministry of Environment and Forests respondent No.2 , which granted environmental clearance for the project of the appellant. Having perused all the submissions and the documents filed by the Appellant and the Respondents, the Authority companyclude that the Appellant organization Jan Chetna is number an association of persons likely to be affected by the order of the Environmental Clearance granted to Respondent No.3 by Respondent No.1. As per serial number 12 of the proceedings dated 10.5.2005, Shri Rajesh Tripathis address for companymunication etc.,
But, it is found that the Authorisation letter issued by Shri Rajesh Tripathi bearing the address of Satyam Kunj, Naya Gunj, Raigarh, which was the address of Shri Ramesh Aggarwal and there was numbermention of designation of Shri Rajesh Tripathi in this letter. Respondent No.3 issued numberice dated 4.8.2007 under the Environment Protection Act, 1986 and the Rules framed thereunder for holding public hearing. However, by disguising the petition as a Public Interest Litigation, respondent No.1 succeeded in getting the same listed before the Division Bench of the High Court. The Appellant has failed to prove that its association is acting on behalf and in the interest of people who are or may be affected by the grant of Environmental Clearance by Respondent No.1. Whether the Division Bench of the Delhi High Court companyld have entertained and allowed the petition filed by respondent No.1 as Public Interest Litigation for setting aside order dated 31.12.2008 passed by National Environment Appellate Authority for short, NEAA and remanded the case to the companypetent quasi judicial forum for being decided on merits. After 2 months and 20 days of rejection of the injunction application filed by Shri Ramesh Agrawal and two others, Shri Ram Kumar Agarwal and Shri Ramesh Sharma filed Writ Petition No.5534/2007 before the Chhattisgarh High Court under the name and style of Ekta Parishad and prayed that the State Government may be directed to companyduct an inquiry into the companyrectness and genuineness of the Environment Impact Assessment Report prepared by respondent No.3. They further prayed for ordering closure of the industry and for issue of a permanent injunction against the holding of public hearing for expansion of the existing industry and or establishment of any new industry by the appellant. It was pleaded that in the garb of filing a Public Interest Litigation, respondent No.1 was seeking annulment of the order passed by NEAA and such relief companyld be claimed only by filing a regular petition under Article 226 of the Constitution, which is required to be heard and decided by a Single Judge. After six days, Shri Ramesh Agrawal and two others filed another application for injunction but numberorder appears to have been passed on that application. On merits, the Division Bench relied upon judgment dated 14.9.2009 passed by a companyrdinate Bench in LPA No.277/2009 Vedanta Alumina Ltd. v. Prafulla Samantra and others wherein it was held that an organisation, which is working in the area and is closely following the issue of setting up of industries and impact thereof on the environment falls in the category of a person aggrieved and companycluded that NEAA companymitted serious error by dismissing the appeal of respondent No.1 on the ground of lack of locus. Respondent No.1 claimed that it was a representative body of those affected by the environmental clearance granted in favour of the appellant and, therefore, it had the locus to challenge the decision taken by respondent No.2. Respondent No.1 challenged the aforesaid order in Writ Petition C No. A.M. Singhvi, learned senior companynsel for the appellant and Shri Sanjay Parikh, learned companynsel for respondent No.1 and perused the record. Therefore, the Appellant organization Jan Chetna is number qualified to file an Appeal before this Authority under Section 11 2 c of the NEAA Act, 1997. Two days before the date fixed for public hearing, Shri Ramesh Agrawal and two others, namely, Ms. Ranjana Rajput and Mr. Vinod Chhaparlya filed Civil Suit No.30 A 2007 in the Court of District Judge, Raigarh for short, the trial Court impleading the appellant as a defendant and prayed for grant of a declaration that the appellant had illegally set up industry at Villages Naharpali, Bhupdevpur, Salihabhata and Singhanpur. Unfortunately, the Division Bench did number deal with the objection raised by the appellant to the maintainability of the petition filed by respondent No.1 and proceeded to decide the matter on merits which, in our companysidered view, was legally impermissible. Shri Parikh made strenuous efforts to companyvince the Court that the hypertechnical objection raised by the appellant should number be entertained and in view of the judgment rendered by the Division Bench of the High Court in Vedanta Alumina Ltd. v. Prafulla Samantra supra , the special leave petition should be dismissed. Another plea taken by the appellant was that the entire cause of action for filing the petition had accrued in Chhattisgarh and the Delhi High Court did number have the jurisdiction to entertain the petition filed by respondent No.1. As many as 700 persons participated in the public hearing. Explanation The preliminary hearing for admission and final disposal of applications and petitions pertaining to matters mentioned in clause i to x of sub rule xviii a above shall however be before a Bench of two Judges and before a Single Bench when there is numbersitting of Division Bench. The appellant also referred to the pendency of Writ Petition C No.5534/2007 before the Chhattisgarh High Court and pleaded that the writ petition filed before the Delhi High Court was an abuse of the process of the Court. Rule 4, which relates to jurisdiction of a Bench of two Judges, also reads as under All cases to be disposed of by a Bench of two Judges save as provided by law or by these rulesSave as provided by law or by these rules or by special order of the Chief Justice, all cases shall be heard and disposed of by a Bench of two Judges. By order dated 4.8.2007, the trial Court dismissed the application for temporary injunction. In the companynter affidavit filed by the appellant, several objections were taken to the maintainability of the petition. Petitions pertaining to the award to Tenders. Along with the suit, the plaintiffs filed an application under Order 39 Rules 1 and 2 CPC for stay of the public hearing. This action of the Appellant creates doubt about the authenticity of the authorization letter so issued. Out of 10 members only two members companyplete address are given in the proceedings. Petitions relating to Co operative Societies. Petitions arising out of Land Acquisition. Provided that as regards pending cases, the learned single Judge may hear the part heard matters. Petitions companycerning orders passed by the High Court on the administrative side. Petitions being service matters of Armed Forces of the Union. S. SINGHVI, J. Accordingly, the Appeal filed by the Appellant is number maintainable. Later on, the writ petitioners withdrew their cause. We have heard Dr. The appellant is a companypany incorporated under the Companies Act, 1956.
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2013_523.txt
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8451 53, the Court again ordered on 30.9.96 stay of dispossession. 23657 to 23659 of 1992 dated 23.7.1996. 9079 of 1985 and stay of dispossession was granted on 1.7.1985. On 11.6.1997, the Writ appeals were dismissed. 23657 to 59 of 1992 were filed on 10.1.1992 and stay of dispossession was again granted on 1.2.1992 provided that possession was number taken. 8451 53 of 1996 dated 11.6.1997 by which, the High Court dismissed the Writ appeals and companyfirmed the judgment of the learned Single Judge in Writ Petition Nos. In the Writ Appeals Nos. JAGANNADHA RAO.J. On 31.7.90, Writ petition of 3rd appellant was dismissed. On 17.6.85, the 3rd appellant filed Writ Petition No. Thereafter, fresh Writ Petition Nos. On 23.7.96, the said writ petitions were dismissed by the learned Single Judge. 1821 of 1995 dated 10.6.1997 Iswarappa Another Vs. Bangalore Development Authority ILR 1996 Karn. On 1.2.91, Writ petitions of appellants 1 2 were also dismissed. Appellants 1 2 filed Writ Petitions and similar orders were passed on 8.7.85 and 9.7.1985. The said land was endowed to Sri Rama Devaru. The appellants have filed this appeal against the judgment of the High Court of Karnataka in Writ Appeal Nos. Thereafter numberification under section 3 4 was published in the gazette on 14.3.85. As pointed out earlier the Karnataka Act, 1972 has only 7 Sections which deal with the issuance of numberification companyresponding to Sections 4 and 6, and 9 of Central Act and certain other minor modification relating to acquisition and payment of companypensation. In so doing, the High Court followed the judgment of a Division Bench in Writ Appeal No. The Central Act was adopted, as numbered earlier, upto 1961 and number onwards. The said judgment under appeal. Leave granted.
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1998_128.txt
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27 chokha namad p.w. 28 gurbachan singh p.w. 26 jai gopal p.w. 25 harish lal p.w. s. krishnamurthi iyer k. c. agarwala m. m. l. srivastavta and e. c. agrwala for respondent number 1.
t. m. sampath for respondent number 2. 37 and rajinder singh p.w 38 each of whom had deposed that he was paid a sum of rs. 150/ on 10 3 1972 for performing election duty for the appellant for carrying voters on 11 3 1972. criminal appellate jurisdiction criminal appeal number 808 of 1973.
from the judgment and order dated the 30th march 1973 of the punjab haryana high companyrt in election petition number 14 of 1972.
k. garg s. c. agarwala v. j. francis add r. c. k. kaushik for the appellant.
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1975_57.txt
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In an application under s. 9 of the West Bengal Premises Rent Control Temporary Provisions Act, 1948, the Controller fixed the standard rent of the premises at Rs. By the West Bengal Act V of 1948, the provisions of Ordinance V of 1946 and Act I of 1948, were companytinued. Under the first tenancy, the appellant paid rent at the rate of Rs. After the enactment of the West Bengal Premises Rent Control Act, 1950, another application was submitted by the appellant and the standard rent was reduced to Rs. On September 30, 1946, the Governor of Bengal issued the Calcutta Rent Ordinance, V of 1946, making certain provisions for companytrol of rent of premises in the town of Calcutta. Thereafter on December 1, 1948 the West Bengal Premises Rent Control Temporary Provisions Act XXXVIII of 1948 was brought into operation and by this Act, the West Bengal Act V of 1948 was repealed, but the protection granted to the tenants was company tinued. to vacate and deliver possession on the expiry of the period of tenancy. This Act was repealed by the West Bengal Premises Rent Control Act, 1950, and by s. 12 of the latter Act protection to tenants, including tenants whose tenancies had expired, against eviction was granted by prohibiting companyrts from passing decrees or orders for recovery of possession of any premises in favour of landlords. In the meanwhile, the appellant companytinued to pay every month amounts equal to the companytractual rent, and later the rent declared to be the statutory rent. 84,15,0,per month, under the second tenancy at the rate of Rs. The appellate companyrt held that by acceptance of rent after determination of the tenancy in June, 1947, the appellant companytinued to be a tenant holding over and as the purpose of the tenancy was manufacturing, it companyld be determined only by a numberice of six months, expiring with the year of tenancy and as numbersuch numberice was served, the tenancy was number determined and the suit was liable to fail. The appellant having failed to vacate the premises, the respondents sued in the Court of Small Causes, Calcutta, for a decree in ejectment. 180 per month and under the third tenancy at the rate of Rs. By s. 12 of the Ordinance, it was provided in so far as it is material that numberwithstanding, anything companytained in the Transfer of Property Act, the Presidency Small Cause Courts Act or the Indian Contract Act, numberorder or decree for the recovery of possession of any premises shall be made as long as the tenant pays rent to the full extent allowable by the Ordinance and performs the companyditions of the tenancy. By the proviso, the landlord was, numberwithstanding the protection granted entitled, if the companyditions specified therein were fulfilled, to obtain possession of the premises. Of the premises relating to which this dispute arises No. 5, Raja Rajkissen Street, Calcutta the respondents are the owners and the appellant was a companytractual tenant from June 15, 1917, till June 15, 1947, under three successive tenancies for 10 years each. The tenancy was in respect of buildings used for manufacturing tin canisters and open land. It was provided by that Act that the landlord shall be entitled to obtain a decree in ejectment, inter alia, where the premises are reasonably required by, him either 1 for the purpose of building or rebuilding or for his own occupation. The ground for eviction, it was claimed, was that the premises were reasonably required by the landlords for putting up number buildings thereon. This Ordinance was replaced by Act I of 1947 which companytained substantially the same provisions. On October 10, 1950, the respondents served a numberice upon the appellant requiring him to quit, vacate and deliver possession of the premises occupied , which the appellant was described as holding as monthly tenant , on the expiry of the 31st of Chaitra, 1357 B. S., i.e., April 14, 1951. In appeal to the Special Bench, Court of Small Causes, the decree passed by the companyrt of first instance was reversed. In appeal to the High Court of Judicature at Calcutta, the decree passed by the Special Bench was reversed and the decree passed by the companyrt of first instance was restored. Appeal from the judgment and decree dated April 4, 1955, of the Calcutta High Court in Appeal from Appellate Decree No. 455 per month. 225 per month. 247,8,0. S. Pathak and D. N. Mukherjee, for the appellant. The Court of Small Causes decreed the suit filed by the respondents. N. Sanyal, Additional Solicitor General of India and P. Chatterjee, for the respondents. Possession was however number delivered by the appellant and he companytinued to pay the stipulated amount and the same was accepted by the respondents. By letter dated May 15, 1957, the respondents called upon the appellant. 1224 of 1953. 82 of 1957. The Judgment of the Court was delivered by SHAH, J. With certificate of fitness under Art. February 10. 133 1 c of the Constitution this appeal is preferred by the appellant against the order of the High Court. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1961_381.txt
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427/77. C. Talukdar, J.P. Malhotra and J.D. The order of the Court was delivered by KRISHNA IYER, J., Wife burning that atrocious species of murder horrendously escalating in some parts of this companyntry is the shocking crime proved, according to two companyrts, by the prosecution in this case. Jain for the Petitioner. CRIMINAL APPELLATE JURISDICTION Special Leave Petition Crl.
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1980_115.txt
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On April 15, 1986, after hearing companynsel who appeared for the parties this Court pointed out It is an elementary requirement of any civilised society and it had been so provided in various statutes companycerning children that children should number be companyfined to jail because incarceration in jail has a dehumanising effect and it is harmful to the growth and development of children. The would also direct the State Legal Aid Advice Board in each State or any other Legal Aid organisation existing in the State companycerned, to send two lawyers to each jail within the State once in a week for the purpose of providing legal assistance to children below the age of 16 years who are companyfined in the jails. This application under Article 32 of the Constitution has asked for release of children below the age of 16 years detained in jails within different States of the companyntry, production of companyplete information of children in jails, information as to the existence of juvenile companyrts homes and schools and for a direction that the District Judges should visit jails or sub jails within their jurisdiction to ensure that children are properly looked after when in custody as also for a direction to the State Legal Aid Boards to appoint duty companynsel to ensure availability of legal protection for children as and when they are involved in criminal cases and are proceeded against. Mukharji, R. Mukherji, Tapash A Roy, Dilip Sinha and J.R. Das for the Respondents. B. Bhasme, Harbans Lal, A.S. Bhasme, Badri Das Sharma, V. Subba Rao, R. Kumar, D.N. 1451 of 1985 Under Article 32 of the Constitution of India. The matter was adjourned on March 31, 1986.
to April 15, 1986, to enable the respondents who had number yet filed their affidavits to file such affidavits. The writ petition was adjourned to July 17, 1986. The Union of India and all the States and Union Territories have been impleaded as respondents. A few of the respondent States filed companynter affidavits in response to the numberice. Six further weeks have passed beyond the time indicated if the order dated April 15, 1986, and even till this day analysis shows that several District Judges have number companyplied with the direction. CRIMINAL ORIGINAL JURISDICTION Writ Petition Criminal No. On September 24, 1985, numberice was directed to all the respondents. The order of the Court was delivered by BHAGWATI, CJ.
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1986_190.txt
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The appellants, who were working as Lab Technicians, were promoted as Technical Assistants by relaxing the educational qualifications prescribed for the post on 27.11.1998. That was challenged by the second responded Association before the Central Administrative Tribunal. Feeling aggrieved the appellants have filed these appeals by special leave companytending that the requirement relating to educational qualifications having been relaxed by the companypetent authority, there was numberinfirmity in their promotion. The Administrative Tribunal by order dated 4.11.1999 allowed the application and set aside the promotion of the appellants herein. The writ petitions filed by the appellants challenging the order of the Administrative Tribunal have been rejected.
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2008_1287.txt
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The accused Mukhtyar was the neighbour of the victim. Neither the informant number the wife of the deceased had seen the assault by the accused on the victim Munir. Accused Mukhtyar ran away from the spot. At that point of time, the deceased told his father that the accused Mukhtyar had assaulted him with a knife. Deceased Munir came to the house of the informant in the evening and informed him that he was going to see a movie. Immediately after the incident, the accused absconded from the spot with the knife. Immediately, the injured Munir entered the house of the informant, at which point of time the accused Mukhtyar was standing behind Munir, holding a bloodstained knife in his hand. PW2 knew both the deceased and the accused. On 16.12.2005, the informant and his wife Shahnoorbi were in the house. He also saw the accused with a bloodstained knife in his hand. The victim deceased immediately sustained injuries near his house, crying out Oh mother save me, Mukhtyar had assaulted me in the stomach by knife. At about 1100 or 1115 p.m., the informant heard shouts from his son Munir, saying Oh mother, save me Mukhtyar had assaulted me by knife in my stomach. On hearing the shouts of Munir, the informant and his wife woke up and opened the door of the house. The case of the prosecution in brief is that the deceased Munir and his wife Madina PW8 were residing on the backside of the house of the informant Qutuboddin Sandu Tadvi PW7 the informant is numbere other than the father of the deceased the informant and his wife Shahnoorbi, another son Nawab and Nawabs wife Afsana were staying jointly in one house, which was in front of the house of the accused. She also came out and found the victim with injuries on the stomach and the accused with a bloodstained knife near the door of her fatherinlaw. The accused took out the knife from the bush and produced the same. In order to establish the guilt of the accused, the prosecution has relied upon the following circumstances a the informant PW7 and the wife of the deceased PW8 numbericed the companyduct of the victim and the accused immediately after the incident. Madina, the wife of Munir also reached the spot, by which time Munir fell down with bleeding injuries on his stomach. The evidence of the informant is fully companyroborated by the evidence of his daughterinlaw Madina PW8 , the wife of the deceased. In his haste, he left his chappal near the door of the house of the informant. As mentioned supra, prior to the arrival of the doctor at the spot of the incident, the injured had stated before the informant and the wife of the deceased that Mukhtyar had stabbed him with a knife and also asked to be saved. They heard the cries of the victim and saw him with bleeding injuries, at which point of time the accused was just behind the victim and was holding a bloodstained knife b the oral dying declaration of the deceased before his father c the accused was seen in the accompany of the deceased just prior to the incident d recovery of the weapon at the instance of the accused e abscondence of the accused and f raising of false defence by the accused. He learnt that the said chappal was of the deceased. The said witness is well acquainted with the accused and the deceased. Both the accused and the deceased left the cinema hall together. The accused and deceased Munir had been to the theatre for a second show, and the same was over by 1015 p.m., inasmuch as the movie was only for one and half hours. Immediately thereafter, the accused ran away and the injured fell down on the person of the informant. There were blood stains in the house of the deceased as well as on the wall, near where the deceased was lying. The said chappal was of the left foot, and the same was of the accused. The evidence of PW2 companyroborates the evidence of PWs 7 and 8 to the effect that the deceased had gone to see a movie before the occurrence of the incident, and that both the accused and the deceased were seen together immediately prior to the incident. At about 1100 or 1115 p.m., she heard the shouts of her husband saying Oh mother save me, Mukhtyar had assaulted me by knife in my stomach. The incident happened after he returned from the movie. The deceased, while leaving his house in the evening on the date of the incident, had informed his father that he was going to see a movie. As mentioned supra, the doctor who came to the spot at the request of the informant declared the victim dead. He has deposed that the accused Mukhtyar had been to him on 21.11.2005 with one spear without a handle and had requested PW4 to sharpen the said spear and also to fix a handle to it. The informant went to Dr. Shantilal Teli and requested him to companye to the spot of the incident and examine the victim, who accordingly came and after examination declared him dead. Exhibit 24 discloses that Dr. Shantilal Teli was informed by the informant that his son had sustained injuries due to assault by knife on the stomach, and that his neighbour had assaulted him. Based on the voluntary statement of the accused, the police and panchas took the accused to the bushes near the railway station about 100 ft.
from the spot of the incident, to recover the knife which was used in the crime. After hearing the cries of his son, the informant PW7 opened the door and saw his injured son. There were stains of blood over the said chappal. She has also deposed that on the date of the incident, her husband deceased had told her that he was going to see a movie, after which she had gone to sleep. Thus, the Courts below have rightly companycluded that the offence had taken place just outside the house of the deceased and the deceased fell inside his house immediately after the incident in a pool of blood. Dr. Shantilal Teli PW10 has also deposed before the Court that he came to the spot at the request of the father of the victim and declared the victim dead. The intestines had also companye out of the abdomen of the victim. Both houses are near each other. Accordingly, PW4 sharpened the weapon and fixed a handle by accepting Rs.50/ from the accused. Ultimately the police were able to arrest the accused on 3.5.2006, though the incident had taken place on 16.12.2005. At that point of time, there was sufficient moonlight to identify the accused. He identified the spear which was seized by the police as the one which the accused had got sharpened from him, which means that the accused had made prior preparation with an intent to companymit murder. One chappal of white companyour was lying there. Different police stations were employed to find the absconding accused. Ultimately, the accused was found at Nashik after a long gap of time. Thus, it is clear that the accused absconded for more than seven months. It is an oral dying declaration by the deceased just prior to his death. His son Nawab and his wife Afsana were number present. Immediately thereafter, the first information came to be lodged by the father of the deceased. News was published and circulated to various police stations along with the photograph of the accused. One muffler of white companyour and another chappal of blue companyour with blood stains were also lying there. The panch witness Satish Gimar PW1 went to the spot of the incident along with the police and found signs of a scuffle. It is by number well established that in cases of such nature, all circumstances relied upon by the prosecution must be established by companyent, succinct and reliable evidence, all the proved circumstances must provide a companyplete chain, inasmuch as numberlink in the chain of circumstances should be missing, and such chain of circumstances should unequivocally point to the guilt of the accused and exclude any hypothesis companysistent with his innocence. The incident had occurred at about 1130 p.m. and the information was lodged before the police station promptly at 100 a.m., i.e., within one and a half hours of the incident. His intestines had companye out of the abdomen. The said weapon was bloodstained and it was sent to the laboratory. The doctor has numbericed an incised wound on the upper abdomen, forming a cavity through which loops of the intestine were companying out. Both the Courts below, more particularly the trial Court, have gone into the evidence meticulously and companycluded that the prosecution has proved all the circumstances relied upon by it, which form a companyplete chain. The same was seized by the police. PW4 Deelip Lahore is the black smith. This factor is also proved by the prosecution by producing the records as well as the evidence of the police personnel. The doctor has opined that all the injuries were ante mortem in nature. There was also an incised wound on the right lower lobe of the liver and blood had accumulated in the abdominal cavity. The evidence of the aforementioned two witnesses, namely, PWs 7 and 8 is fully companyroborated by the post mortem report, Exhibit 22. The injured became unconscious. On going through the material on record, we are of the clear opinion that the Courts below have rightly companycluded so. The case rests on circumstantial evidence. The arrest memo is Exhibit 34. MOHAN M. SHANTANAGOUDAR, J. 150 of 2006 companyvicting the appellant herein for the offence punishable under Section 302 of the Indian Penal Code and Signature Not Verified Digitally signed by SATISH KUMAR YADAV sentencing him to suffer imprisonment for life and to pay a fine of Date 2018.10.31 165129 IST Reason Rs.5,000/, and in default to suffer rigorous imprisonment for six months. He was number found for a long time. By the impugned judgment, the High Court has companyfirmed the judgment dated 18.09.2007 passed by the Additional Sessions Judge, Jalgaon in Sessions Case No. The judgment dated 18.11.2009 passed by the High Court of Judicature at Bombay, Bench at Aurangabad in Criminal Appeal No. 509 of 2007 is called in question in this appeal. The C.A.
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2018_881.txt
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1033 of 1956. In 1959 the West Bengal legislature enacted the West Bengal Transferred Territories Assimilation of Laws Act, 1958 to be hereinafter referred to as the 1958 Act . The plain tiff was the owner of the suit property. That appeal stood transferred to the High Court of Calcutta under the provisions of the Bihar and West Bengal Transfer of Territories Act, 1956, the Act under which the transfer of territories mentioned earlier took place. Meanwhile in 1956, some of the border areas of the Bihar State were transferred to the State of West Bengal as a result of the amendment of the Constitution. The defendant resisted the suit on various grounds. One of the areas that stood transferred to the State of West Bengal is that companycerned in the present litigation. As the defendant did number surrender possession of the property, the plaintiff instituted the suit from which this appeal M 1245 Sup CI/71 arises on January 3, 1940 in the companyrt of Muinsif at Purulia. But in the year 1947 without the plaintiffs knowledge the defendant companys tructed several structures on the land. In 1948 the plain tiff asked him to remove those structures but the defendant did number companyply with that demand, hence in September 1948, the plaintiff served on him a numberice to quit determining the tenancy With effect from the 1st November, 1948. The defendant took on lease that property for the purpose of carrying on his motor business. At the time of the institution of the suit, the suit property was within the limits of the State of Bihar. The defendant filed a ,second appeal. III to the plaint a vacant plot to the defendant in June 1943 on a monthly rental of Rs. ,
That the plaintiffs claim is barred by equitable estoppel and 2 the suit is liable to be dismissed under s. 9 read with s. 80 of the West Bengal Non agricultural Tenancy Act, 1949 to be hereinafter referred to as the 1949 Act . The second appeal filed by the ,defendant which had stood transferred to the Calcutta High ,Court came up for hearing before that companyrt on August 10, 1965. original plaintiff Chiranji Lal Khaitan. Part VIl of that Act provided that the law then in force in the transferred ,territories was to companytinue until otherwise provided by the ,competent legislature or other companypetent authority. The learned trial judge rejected all those grounds and decreed the suit ill May, 1952, as prayed for and directed the defendant to deliver vacant possession of the suit plot after removing the structures put up by him. According to the plaint case, the plaintiff leased out the property described in Sch. The transfer in question took place on November 1, 1956. This appeal by certificate arises from the deci sion of the Calcutta High Court in its appellate decree No. against the aforementioned decree in High Court of Patna on September 7, 1956 and the same was admitted by the High Court on September 10, 1916. Before the High Court the defendants Counsel pressed for decision only two points viz. The decree of the trial companyrt was affirmed by the List appellate companyrt on July 11, 1952. Appeal from the Judgment and decree dated August 30, 1965 of the Calcutta High Court in Appeal from Appellate Decree No. That Act came into force on July 1, 1959. CIVIL APPELLATE JURISDICTIONION Civil Appeal No. It was an oral lease. S. Desai, Krishna Sen and B. P Maheshwari, for the appellants. N. Mukherjee and A. G. Ratnaparkhi, for respondent, No. The Judgment of the Court was delivered by Hegde,J. 1973 of 1966. The appellants are the legal representatives. of the.
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1971_344.txt
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PWs 1 and 4 took deceased Ibrahim, PWs 2 and 3 to Medical College Hospital which is about 48 Kilometrs away from the spot. The Trial Court also numbericed that immediately after the incident PWs 1 and 4 took the injured ibrahim deceased along with PWs 2 and 3 to the Medical College Hospital which is 48 kilometers away from the place of incident but found that it is improbable that numbere in the jeep had talked about the incident or accused during the long journey. That on 28.12.1987 at about 7 PM PWs 2 and 3, brothers of deceased Ibrahim, came to his bakery for some money. PW1 who went to the hospital returned on 29 12 1987 and lodged the FIR at 7.40 AM. They saw Ibrahim sitting on a bench, leaning forward. The spot of incident is only 100 meters from the Police Station. Within one hour after reaching the hospital, Ibrahim succumbed to the injuries. Later on a meeting was said to be companyvened to companydemn the entry of number hindu Ibrahim to the temple. It was sent to the Court at 5.40 PM on 30 12 1987. PWs 1, 4 and 22, who were talking in the nearby office of the CPI Marxist , saw the incident and immediately went to the spot with some others. But the FIR was lodged in the Police Station only at 7.40 AM on the next day that though FIR was filed on 29 12 1987 in that morning, it was sent to the Magistrate only at 5.40 PM on 30 12 1987 that the Sub inspector PW 28 did number register the crime on the basis of information companylected by him immediately after the incident that Ex. While trying to protect him PWs 2 and 3 also got injured. A jeep suddenly rushed to the spot, the four assailants got into the jeep and escaped. P30 is the companynter foil file of the FIR and between the entries relating to Crime Nos. With these companyclusions the Trial Court acquitted all the accused. While the three brothers were talking about the money matters in the verandah of the adjoining shop room, four persons who had companye running attacked Ibrahim with lethal weapons. After trial, on due appreciation of the evidence Trial Court acquitted all the eleven accused. Based on these factors the FIR was found to be a companycocted document and delay in lodging the FIR with the Magistrate also influenced the Trial Court in holding that innocent persons were being implicated as a result of political vendetta or for any other reason as there was enough fire for manipulation and the manner in which record was maintained gave rise to grave suspicion regarding the same. The Trial Court numbericed that there were many weak spots in the prosecution case such as, the delay in lodging First Information Statement. A whistle was blown. It is also alleged that his entry had rendered the temple impure. That the local Sub Inspector reached the place of occurrence within half an hour of the incident. Regarding other accused High Court companyfirmed the finding of Trial Court. The trial Court also relied upon interested nature of evidence of the witnesses and the possibility of taking political revenge and that there was numberevidence regarding the companyspiracy by the accused. He went back and made a brief numbere about the companyfrontation in the General Diary maintained in the Police Station. P1 First Information Statement given by PW1 also seemed to have been subsequently written on a blank signed paper that this inference was drawn due to the cramped handwriting in the paper towards the end portion, just above the signature though there was adequate space in the next page. The Trial Court is of the view that this was done to fill up details regarding the instant case subsequently that Ex. Smoke engulfed the area. After the quick attack, a bomb exploded. 5 and 7, certain blank sheets were found that this circumstance was number satisfactorily explained by the companycerned Police Officer during examination. After investigation the police filed the charge sheet on the aforesaid facts. Rajendra Babu, J. This is an appeal against companyviction for offences under Section 302 read with Section 34 Indian Penal Code passed by the High Court in reversal of an Order of Acquittal passed by the Court of Sessions.
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2003_86.txt
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In 1976, executive instructions were issued for companyrection of date of birth which were replaced by statutory rules issued in 1984. In 1991, on his making a representation to the Corporation claiming that his date of birth is 15 7 1934, his request for companyrection was turned down. 48263 of 1991 before the Andhra Pradesh Administrative Tribunal, Hyderabad. Admittedly, the respondent joined the service on 15 11 1951, and had given his date of birth as 14 1 1953 sic 1933 . The rules prescribe the procedure for laying the application within three years from the date of entering into service. The latter also prescribes the procedure. By the impugned order dated 8 10 1993, the Tribunal allowed the petition and directed to make the companyrection. Delay companydoned. He filed OA No. Leave granted. Thus this appeal by special leave.
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1995_1005.txt
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When he went to the cabin he found the cabin occupied by respondents 2 and 3. From the police station he and his friend, Mahomed Salim returned to the cabin when, on their demanding possession of the cabin, the respondents attacked them. Possession, therefore, of the cabin since then remained with respondent 1. There was, therefore, every likelihood of a breach of the peace had he gone to the cabin to regain possession. She then handed over possession of the cabin to respondents 2 and 3 purporting to do so under an agreement of licence dated June 1, 1966. His case further was that in the morning of June 11, 1966 respondent 1 broke open the staple of the cabin, removed the door from its hinges, removed all his belongings lying in the cabin and dumped them in the passage outside. 1 that respondent 1 started harassing the appellant from the beginning of June 1966 and gave threats to forcibly dispossess him if he did number vacate 2 that the appellants version that the respondents had forcibly and wrongfully taken possession of the cabin in the morning of June 11, 1966 was true and 3 that when the appellant and the said Salim went to the cabin, the respondents manhandled them as a result of which Salim received injuries. In the proceedings before the Magistrate the main question was whether the appellant was in actual possession on June 11, 1966 and whether he was forcibly and worngfully dispossessed by respondent 1 or whether he had vacated and surrendered the cabin to respondent 1. Respondent 1, however, kept some persons near the cabin to prevent the appellant from recovering possession. But after filing them, they did number participate any more in the proceedings as they had since then vacated the said cabin. The High Court then observed that assuming that the appellant was forcibly and wrongfully dispossessed and the said Salim was assaulted by respondent 1 and her men, it companyld number even then necessarily mean that there was an existing dispute relating to possession of the cabin which was likely to cause breach of peace on June 20, 1966 when the Magistrate passed his preliminary order. The appellant, besides other affidavits, also filed an affidavit of one Nathani, the Manager of his companypany at whose instance, it was the case of respondent 1, the appellant had agreed to hand over and actually did hand over possession of the cabin in the morning of June 11, 1966. On these findings, he held that the appellant was in actual possession on June 11, 1966 and that under the second proviso to s. 145 4 , though he had been dispossessed on June 1 1, he must be deemed to be in possession on June 20, 1966 when the Magistrate passed his preliminary order. At all material times respondent I had her office premises in Nawab Building, Fort, Bombay, which companysisted of two cabins. Respondent 1 in the meantime filed a suit in the City Civil Court and took out a numberice of motion for restraining the appellant from, interfering with her possession of the cabin. Her case was that at the request of the appellant she had permitted him to companytinue in possession, till May 1966 on his promising to vacate by the end of that month, that on June, 11, 1966, the appellant vacated the cabin, kept his belongings in the passage and thereupon she permitted respondents 2 and 3 to occupy it as, relying on the appellants promise that he would vacate by the end of May 1966, she had already entered into an agreement of licence on June 1, 1966 with respondent She denied that any incident, as alleged by the appellant, had occurred on that day or that the appellant or the said Salim was assaulted by her or by respondent 2 or 3. On July 10, 1964, she entered into an agreement with the appellant permitting him, to occupy one of the cabins on leave and licence for a period of eleven months. 450 as companypensation for May 1966. The acts of respondent I might companystitute an offence, for which the appellant had filed a companyplaint under s. 341 of the Penal Code and the police had arrested respondent 1.
and released her on bail, In the light of these facts the Magistrate ought to have held that on that day there did number any longer exist any dispute regarding possession of the said cabin which was likely to lead to a breach of the peace. Due to the persistent refusal by the police to help him to get back the cabin, the appellant approached higher authorities in companysequence of which the police at last recorded a case of assault against respondent 1. She, therefore, denied that any dispute existed on that day or that there was any likelihood of a breach of the peace. He and the said Salim once again went to the police station but the police again refused to take action and recorded another N.C. companyplaint and sent Salim to the hospital for examination. In the companyrse of that attack, the said Salim received injuries. In doing so, it observed that the object of s. 145 was to, preserve peace and to provide a speedy remedy against a likely breach of peace where there is an existing dispute regarding possession of an immovable property until such dispute is adjudicated upon by a proper tribunal. statement, respondent I denied that the said licence was renewed a second time in May 1966. The High Court also numbered that respondent I had placed respondent 3 in possession, that respondent 3 had remained in possession for nearly a year by the time the Magistrate passed his final order, that the final order would, therefore, affect his vested rights, and that this fact companypled with the fact of the appellants companyplaint under s. 341 of the Penal Code on June 13, 1966 ought to have been companysidered by the Magistrate before passing the final order. By his final order dated June 22, 1967 passed under sub s. 6 , the Magistrate directed restoration of possession to the appellant till he would be evicted in due companyrse of law and prohibited the respondents from interferring with his possession till then. misconceived the scope of proceedings under s. 145, and 2 that he had numberjurisdiction to pass the said preliminary order as in the events that had happened there was numberexisting dispute likely to result in a breach of the peace. The appellants case was that it was further extended for another eleven months as from May 10, 1966 and respondent 1 accordingly accepted Rs. That affidavit, however, did number support respondent 1 but, on the companytrary, denied that Nathani had agreed that the appellant companyld vacate or that the appellant at his instance had agreed to do so. On June 9, 1965, the agreement was extended for a period of eleven months. On his asking them to place back his belongings and to restore possession to him, the respondents threatened him with dire companysequences. He, therefore, went to the police station but the police refused to take action and only recorded his N.C. companyplaint. In the revision before the High Court, the respondents raised two companytentions 1 that the Magistrate, in entertaining the said application and passing the said preliminary order,. Respondent I thereafter demanded higher companypensation which he refused to pay and thereupon respondent 1 refused to execute the renewal and threatened to eject him forcibly if he did number vacate. They then arrested respondent 1 but released her on bail. The Magistrate then directed the parties to file affidavits and to adduce such further evidence as they desired. After companysidering the affidavits and the evidence led by the parties, the Magistrate reached the following findings. In these circumstances he filed an application before the Additional Chief Presidency Magistrate under s. 145 of the Code of Criminal Procedure. ,
The High Court accepted these companytentions .and set aside the order of the Magistrate. Bhutani and Urmila Kapur, for the appellant. Respondents 2 and 3 also filed their written statements on the lines taken by respondent 1. R. L. Iyengar and P. C. Bhartari, for the respondents. Accordingly, the parties filed affidavits of various persons who had their offices in the same building. 668 of 1967. The Court dismissed the numberice of motion refusing to rely on the said agreement. As aforesaid, the High Court set aside the Magistrates order whereupon the appellant obtained special leave and filed this appeal challenging the companyrectness of the High Courts order. The Judgment of the Court was delivered by Shelat, J. Appeal by special leave from the judgment and order dated August 17, 1967 of the Bombay High Court in Criminal Revision Application No. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 17 of 1968. In her written.
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1968_23.txt
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The judgment of Gwalior Court was therefore a nullity outside the United State Madhya Bharat . District Sessions Judge District Gwalior, Madhya Bharat. By a companyenant signed in April 1948, the Rulers of Gwalior, Indore and certain other States in Central India formed the United State of Gwalior, Indore and Malwa which was termed United State Madhya Bharat . This then was the process of transformation of the Indian State of Gwalior into a part of the Republic of India. On August 9, 1949, the decree holder applied to the Gwalior Court for transferring the decree to the Court of the Civil Judge, Allahabad, for execution. Application of the decree holder Copy of decree in the case. For, even though the Gwalior State had acceded to the Dominion of India by an Instrument of Accession by the under of the State made on August 15, 1947, arid after that the United State Madhya Bharat of which Gwalior became a part by a companyenant signed in April 1948, acceded to the Dominion of India on July 19, 1948, by a fresh Instrument of Accession and after the Constitution of India came into force this United States Madhya Bharat became part of the territory of India as Madhya Bharat being a Part B State, the Indian Code of Civil Procedure did number become applicable to the Courts in Gwalior till after the enactment of Act 11 of 1951 which came into force on April 1, 1951. On April 25, 1950, the Gwalior Court passed an order for transfer of the decree for the execution to the Civil Judge, First Grade, Allahabad. As the appellant had number submitted to the jurisdiction of the Gwalior District Judges Court the decree passed by it was an absolute nullitythat even if the Gwalior law authorised the passing of such a decree, the decree was a nullity and it was number companyrect to Pay that as a result of the various companystitutional changes, the impediment in the way of its execution was removed that there was numberprovision of law by which a decree passed by the Gwalior Court companyld be executed in Uttar Pradesh that Art. 171, become a part of the Dominion of India and therefore a decree passed by a companyrt of the State companyld number be the decree of a foreign companyrt secondly as a result of the companying into force of the Constitution of India what was United State of Madhya Bharat became a Part B State of the Union of India and therefore a decree passed by the Gwalior Court even though a nullity in the erstwhile province of U. P. ceased to be so and took Indian nationality and thus became executable in the State of U. Thirdly it was submitted that the decree passed by the Gwalior Court was a valid decree in the United State Madhya Bharat and therefore was number an absolute nullity but there was in impediment to its executability which was removed as soon as the United State Madhya Bharat became a part of the Union of India and fourthly it was submitted that subsequent changes in the Indian Code companysequent upon the promulgation of the Adaptation Order of January 26, 1950 under Art. The United State Madhya Bharat had number become a part of the Dominion of India despite the various companystitutional documents executed by the Rulers of the Indian States. The Gwalior Court therefore was number a companyrt of companypetent jurisdiction. They pleaded that the Gwalior Court was a Foreign Court, to the jurisdiction of which, they had number submitted and the decree was, therefore, an absolute nullity that the decree was number in accordance with law and that the application for execution was number maintainable. Firstly the respondents were number the subjects of Gwalior they did number owe any allegiance to the Ruler of Gwalior and therefore they were under numberobligation to accept the judgments of the companyrts of that State. On appeal against that judgment the Appeal Court upheld the judgment of the learned Single Judge holding that the rule in Sirdar Gurdial Singh v. Maharaja of Faridkot 1 was applicable to the case that Gwalior was a foreign State on the date of the decree and its status as a foreign State was number affected by the Indian Independence Act, 1947, the Standstill Agreement, 1947 the First Instrument of Accession 1947, the 1948 Covenant by which the United State of Madhya Bharat which included Gwalior was formed or the Second Instrument of Accession, 1948, an that Gwalior State ceased to be a foreign State only on the companying into force of the Constitution of India on January 26, 1950. The United State Madhya Bharat was number companyprised in the ,Territory of India till after the Constitution came into force on January 26, 1950. By a fresh , Instrument of Accession executed on July 19, 1948, the United State acceded to the Dominion of India and when the Constitution came into force it became Madhya Bharata Part B State and was governed by the provi sions of the Constitution as applicable to such States. From this date the Indian C de of Civil Procedure became applicable to the Courts of Gwalior also. Therefore by a change made in the definition of foreign companyrt or other changes introduced in the Indian Code the effect of and rights and liabilities under the decree sought to be executed, numberfresh rights accrued to the appellant number were any fresh liabilities incurred by the Respondents and if the decree was a nullity outside the United State Madhya Bharat it remained a nullity and Adaptation Order did number change its efficacy. This its an appeal against the Judgment and order of the High Court of Allahabad holding that the execution of the decree passed by the Additional District Judge, Gwalior, dated November 18, 1948, in favour of the appellant against the respondents was number executable at Allahabad. By the Instrument of Accession which by August 15, 1947, p. 36 of White Paper on Indian States was entered into between the Ruler of the State of Gwalior and the Dominion of India certain subjects mentioned in the schedule to that Instru ment were transferred to the Dominion of India but Civil Procedure was number one of them. 3 the Indian Code was adapted, and it mutatis mutandis came into force in Madhya Bharat. On September 14, 1951, another order was made sending the decree for execution to the Court of the Civil Judge, 1st Grade, Allahabad. On May 15, 1947, the appellant instituted a suit in the Court of the District Judge, Gwalior, for recovery of Rs. The order was as follows Order dated 14th September, 1951 for transfer of decree to another companyrt for execution. It was ex parte, the defendants the respondents in the present appeal who are residents the United Provinces, number Uttar Pradesh, number having appeared in the Gwalior Court. A certificate of transfer relating to number satis faction of decree be issued to the Civil Judge, 1st Class, Allahabad, for execution proceedings. For the decision of this appeal it is necessary to deal with the various Statutes, Orders and agreements as a result of which the erstwhile Indian State of Gwalior became a part of the territories of the Union of India governed by one Civil Procedural law. The appellant in this companyrt is the decree holder and the respondents are the judgment debtors. The execution application was, therefore, dismissed. It also held that the District Judges companyrt passing the decree was a foreign Court at the time of the suit. Thus after the Constitution came into force by virtue of the Adaptation Order, a decree which was passed by a Civil Court in a Part B State companyld be executed in the manner provided, within the jurisdiction of any Court in what were the States of India i. e. Part A, B C States. On October 16,1951, the appellant filed in the Court of Civil Judge, Allahabad, an Application for execution of the decree for realisation of the amount due under it which by then had amounted to Rs. This application was ultimately heard by a single Judge of the High Court of Allahabad who dismissed the application being of opinion that the decree obtained by the appellant was a nullity and on that ground in executable at Allahabad. 171.
of the decree on the ground that it was a nullity was number taken away by the political changes and, therefore, the judgment of the learned Single Judge was upheld. On August 9, 1949, the appellant made an application to the Court of the Additional District Judge praying for transfer of the decree for execution to the Court of Civil Judge, Allahabad, where the properties of the father of the respondents were situate. The matter was beard by Brij Mohan Lal J., who bold that the decree was passed by a Foreign Court, to The jurisdiction of which, the respondents had number subsisted that the decree was number binding on the respondents and companyld number be executed in the territories of Uttar Pradesh. A companyy of this order along with companyies of decree, certificate of number payment of decretal amount and other orders passed in companynection with execution be forwarded directly to the companyrt of the Civil Judge, 1st Grade, Allahabad. The effect of Act II of 1951 by which the Indian Code was applied to Madhya Bharat was numberdifferent qua the rights and liabilities under previous Orders and decrees see s. 20 of that Act which will be more fully discussed later in this judgment. On April 25, 1950, the Court passed the following order I order transfer of this execution care. 24 of 1960, Appeal from the judgment and decree dated August 1, 1957, of the Allahabad High Court in Special Appeal No. 261 3 of the Constitution was number retroactive and did number operate on the decree in question to make it executable that s. 43 of the Indian Civil procedure Code as it stood after the Amendment Act II of 1951 was inapplicable that the right to resist the execution 1 1894 L. R 21 I. Sixthly they had number companytracted to submit to the jurisdiction of the foreign companyrt. of September 14, 1951. Whereas in the above mentioned case the applicant submitted that the Judgment Debtor resided or held property within the local limits of the jurisdiction of the companyrt of Civil Judge, ist Grade, Allahabad and prayed for the sending of a certificate to that companyrt for execution of the said decree and it being companysidered necessary and proper, the said certificate be sent to that companyrt under Order XXI, Rule VI. Copy of order, dated 25th April, 1950. This was registered as Execution Case No.47 of 1951 rho respondents filed their objections under s. 47 of the Code of Civil Procedure on February 8, 1952. It was to companye into force on January 23, 1950, i. e.15 days after its publication in the Gazette. The Judgment of Kapur, Ayyangar and Mudholkar, JJ.,
was delivered by Kapur, J. On, November 18, 1947, the trial Judge ordered suit to proceed ex parte and on November 18, 1948, the claim was decreed with companyts and interest. Thirdly they were number temporarily present in that State when the process was served on them. CIVIL APPELLATE ,JURISDICTION Civil Appeal No. The effect of these Constitutional documents was examined and decided in Rao Shiv Bahadur Singh v. The State of Vindhya Pradesh 1 Virendra Singh v. The State of Uttar Pradesh 1 and Prem Nath Kaul v. The State of Jammu Kashmir 3 . By an order of the High Court under s. 34 of the Civil Procedure Code, the execution case was transferred to the High Court and registered as Extraordinary Miscellaneous Case No. Dated 14th September 1951. Along with it a companyy of the order dated April 23, 1950, was also sent. The Judgment of Sarkar and Das Gupta, JJ.,
was delivered by Das Gupta, J. KAPUR, J. The writs of summons were served on the respondents on September 12, 1947, but they did number appear in the Court of the Additional District Judge who actually tried the suit. Fourthly they did number in their character as plaintiffs in the foreign action themselves selected the for am where the judgment was given against them. Fifthly they did number voluntarily appear in that companyrt. This Order was subsequently amended on June 5, 1950 and el. 8,98, 7 7 0. The parties were number in accord as to which of these orders was the real order for transfer. Sen, P. W. Sahasrabudhe and 1. Enclosures Certificate. 6,92,236.15 0 against the respondents, who are the sons and legal representatives of the late Munshi Ishwar Saran. Against this judgment and Order the appellant has companye in appeal to this Court on a certificate under Art. S. Pathak and O. C. Mathur, for the respondents. N. Shroff, for the appellant. April 30. It is unnecessary to resolve this companytroversy because we shall proceed on the assumption that the order of transfer was the later one which the appellant has relied upon i.e. This view was upheld by the same High Court on appeal. 27 was numbered as 20 but there was numberchange in its language. 249 of 1955. 1 of 1954. B. K. Mehra. A. By a.
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1962_292.txt
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sahibganj is one such. thomas school was situated at 4 diamond harbour road calcutta. 431 of 1962 and 344 of 1968.
s. nariman addl. the buildings were constructed before april 1942.
the premises were assessed to companysolidated rates under the calcutta municipal act. pursuant to section 135 of the indian railways act 1890 referred to as the 1890 act the governumber general in companyncil by a railway department railway board numberification number 225 dated 24 august 1911 declared that the administration of east india railway shall be liable to pay in aid of the funds of the local authorities set out in the schedule thereto annexed the taxes specified in the second companyumn thereof. c. setalvad and d. goburdhun for the respondent the judgment of the companyrt was delivered by ray j. the only question which falls for determination in these two appeals by certificate is whether the respondent municipality is entitled to levy and companylect taxes on 31 blocks of buildings some companystructed after 31 march 1937 and some after 25 january 1950.
the buildings are situated within the municipal limits of the sahibganj municipality in the state of bihar. the decision of this companyrt in st.
thomas school case supra directly applies to these appeals. 2304 and 2042 of 1968.
appeals by certificate from the judgments and orders dated 22nd september 1965 and 2nd july 1968 of the patna high court at patna in c.w.j.c. in the schedule the names of various local authorities are set out. in april 1942 the premises were requisitioned for the purposes of the central government. solicitor general of india b. d. sharma and s. p. nayar for the appellant. civil appellate jurisdiction civil appeals number. number.
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test
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1973_50.txt
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The appellant denied that the respondent was his cultivating tenant. 462/ as rent for 1367 fasli in the Revenue Court the Court of the Revenue Divisional Officer , Tanjore under s. 3 3 of the Madras Cultivating Tenants Protection Act, 1955 Madras Act No. 1282 of 1958. On April 24, 1958, the respondent claiming to be the cultivating tenant of the appellant in respect of certain lands in Manapparavaivattam, Nannilam Taluk deposited Rs. On July 31, 1958, the Revenue Court, Tanjore held that the respondent was number a cultivating tenant of the appellant and companyld number claim the benefit of s. 3 3 and dismissed the application. The High Court came to the companyclusion that the respondent was a cultivating tenant of the appellant and by its order dated March 27, 1959, allowed the revision petition and declared that the amount deposited by the respondent represented the companyrect amount due from him to the appellant. 25 of 1955 and filed an application before the Court praying for a declaration that the amount deposited represented the companyrect amount of rent due from him. 797 of 1963. Thiagarajan, for the respondent. Appeal by special leave from the judgment and order dated March 27, 1959 of the Madras High Court in C.R.P. The respondent filed a petition in revision before the Madras High Court under s. 6 B of the Act read with s. II 5 of the Code of Civil Procedure. Ganapathy Iyer, for the appellants. The Judgment of the Court was delivered by Bachawat, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. The appellant number appeals to this Court by special leave. No.
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1966_149.txt
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2542/72. 1824 and 1825/65. 2542 to 2544 of 1972. 1123 T. M. Sampath for Respondent in C.A. S. Ramamurthi, Mrs. Saroja Gopalkrishnan for Respondent in C.A. Jayaram and K. Ram Kumar for R. 1 in CA 2544/72. P. Raman, Adv. and A. V. Rangam for the Appellant. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. Appeals by Special Leave from the Judgment and order dated 11 12 1970 of the Madras High Court in Civil Revision Petitions Nos.
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1979_226.txt
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In the view of the High Court the murder was companymitted in the lavatory of the first class companypartment between Jasidih and Madhupur. He went to the village Ratu Bahiar near the river Patro and washed his clothes in the river with a soap. He did number board a first class companypartment of Barauni passenger at Jhajha, that he did number jump off the train when it was nearing Madhupur. He admitted having washed his blood stained clothes in the river Patro near the village of Ratu Bahiar and that a person had enquired of him the reason for his clothes being stained with blood. After the train moved out of Jasidih Lal Mohan caught hold of the first occupant of the companypartment and took him into the lavatory and started beating him. The appellant also jumped out of the train after it had crossed the river Patro near Madhupur and fled away to save his life because he was apprehensive of being arrested as the only person left in the companypartment. When the train stopped at the Jasidih station and when I went to get down, Lal Mohan Sharma who had boarded the train at Simultala, did number allow me to get down at the Jasidih station. Deoghar, district Dumka entered into that companypartment. When the train reached Simultala one Lal Mohan Sharma, resident of Deoghar entered that companypartment 3 When the train proceeded further and stopped at Jasidih station, the appellant wanted to get down but was prevented from doing so by Lal Mohan. He admitted having held in his hand clothes which had been washed in the river and blood stained books and companyy books, pages of some of the books being blood stained. 1038 On the face of it the statement goes to show that the appellant was present in the companypartment when the murder was companymitted by Lal Mohan Sharma, that he did number know the victim, that the murder was companymitted after the train had left Jasidih station, that he himself was prevented from getting out of the train at Jasidih, that he suffered an injury on his left fore finger from the knife of the assailant and that he jumped out of the train near the river Patro. One Anil Kumar Roy who wanted to board the said companypartment at Jasidih station in between Jhajha and Madhupur companyld number get the door opened and had to board another companypartment. Thereafter, I came to the village Ratu Bahiar lying by the side of Patro river and afterwards I took my clothes to Patro river and washed them with a soap. When the Barauni Sealdah passenger reached Madhupur station at about 3.52 p.m. on 12th October 1961 the dead body of a person was discovered in the lavatory of a first class companypartment of that train. The door of a first class companypartment was found closed at Jasidih and companyld number be opened. When the train was reaching near Mathurapur, he jumped down from the running train and fled away. My statement is that when I boarded the first class companypartment in Barauni passenger at Jhajha, an unknown person was sitting in it when the train reached near Simultala and when it stopped there, Lal Mohan Sharma, resident of Deoghar, P.S. between 5 to 6 p.m. he was seen washing his blood stained ,,clothes on the bank of the river Patro. When the train moved ahead of Jasidih station, in the meanwhile Lal Mohan Sharma took that outsider into the lavatory and began to beat him. His clothes and books also got stained with blood whereupon the herdsman ran away. On the evidence the High Court found that the train had left Jasidih at 3.23 p.m. its next halt being Madhupur where it reached at 3.52 p.m. When the train was reaching Mathurapur Lal Mohan jumped out of it and ran away. He purchased a soap and went to wash his clothes in Patro river and take his bath. Thereafter he took a tide in a bullock cart going to Deoghar but after companyering a mile or so he was apprehended by Pathal Turi, Shanker Pandey, Ram Kishore Pandey, Ayodhya Turi, the chowkidar and Rameshwar Mahto. At the time of his apprehension by Ram Kishore Pandey and others he was holding blood stained exercise books, and other books some of the pages being blood stained. Jasidih sub division Deoghar, District Santhai Parganas. Then, on being afraid, I sat quietly in that very companypartment. He had reached Madhupur at about 12.30 p.m. and left for Roshan. After I had companyered about a mile, Pathal Turi, Shanker Pandey, Ram Kishore Pandey, Ayodhya Turi, the chowkidar and Rameshwar Mahto got me down from the bullock cart and brought before you. Mean 1037 while a bullock cart was going to Deoghar. To day 12 10 61 at about 12 midnight, chowkidars Pathal Turi and Ayodhya Turi of village Saptar and Sheo Shankar Pandey, Ram Kishore Pandey and Basudeo Pandey of the same village arrested me and brought me. also jumped down on the other side of Patro river near Madhupur and fled away in order to save my life, because I apprehended that I would be the only person who would be arrested. The injuries were homicidal and death was caused by bleeding and shock 1035 The appellant was numbericed by one Ram Kishore Pandey W. 17 washing blood stained clothes with soap in the river patro about one hour before sunset on 12th October 1961. From the said statement the following emerge 1 The appellant had boarded a first class companypartment in Barauni passenger at Jhajha already occupied by a person number known to him. Therefore I sat on that very bullock cart and started for Deoghar. Shiv Shankar Pandey learnt from his eider brother, Basdeo that a murder had been companymitted in the Barauni train and the murderer was missing. All the three along with Pathal Turi and one, Ayodhya Turi, two chowkidars went to the bank of that river but companyld number find the appellant. Lal Mohan Sharma threatened him with death in case he wanted to open the door or the window of the companypartment and killed the stranger. The clothes of the deceased and his belongings like a companyb, handkerchief were also blood stained and there were finger marks in the lavatory. At about midnight on 12th October 1961 the Mukhiya took down the statement Ex. The appellant was then wearing a pair of trousers and a shirt and had with him some books. A point was sought to be made by companynsel for the appellant ,that the footprints and finger prints in the lavatory of the first class companypartment taken at Madhupur station were found to be different from those of the appellant and that this went to show that the appellant companyld number have been the murderer. Nor does such an injury account for the other articles like his belt, shoes and books being stained with blood which was sought to be removed by washing. Lal Mohan Sharma fled away. Pandey numbericed that the left hand of the appellant was cut and he questioned the appellant as to how he had got his clothes bloodstained. an exercise book, a chhura knife besides a pair of trousers and a shirt which were both wet. He did number mention having been accosted by Ram Kishore Pandey while he was washing his clothes in the river number did he make any statement to the effect that he had received the injury as a result of a scuffle with a company boy. They apprehended the appellant and took him to village Saptar. The party reached Madhupur police station at about 5 a.m. on October 13, 1961. When the assailant jumped off the train he followed suit being apprehensive of arrest on the charge of murdering the unknown person. Blood was companying out from the veins of the neck and there was plenty of it on the floor of the lavatory. The articles seized from the accused included a shirt, a pair of trousers, a leather belt, a pair of shoes, 4 bloodstained companyy books, two books, pages of one being blood stained. He further said that I should number open the door and window of the companypartment and if would do so I would be inviting death. 19 and 20 that they had numbericed a man with wet clothes asking the way to Deoghar. He denied having enquired of anybody about the way leading to Deoghar and he also denied that he was arrested while he was a mile ahead of village Titithapur following a bullock cart. The officer in charge of the Railway Police Station Madhupur, Gorakh Prasad Singh P.W. He had lost his way after some distance and enquired of some herdsmen about the way to the village.,
These herdsmen started to abuse him for having lost his way. He had boarded a third class companypartment in Toofan Express on 12th October 1961 intending to pay a visit to his fathers sisters daughter at Roshan and thereafter going to his native place. The appellant who was a student of a school in Jhajha was charged with the murder of a fellow student of the same school and robbing him of the sum of Rs. 6 recorded by Mukhiya at Lorajore before he was handed over to the police. The only incised injury which the appellant had suffered was skin deep and it is impossible to accept the story that the bleeding was so profuse as to have necessitated his washing his shirt and trousers in the river. Thereafter when he was nearing the village, Roshan a number of persons came and apprehended him on a charge of murder. The evidence against the appellant was all circumstantial and there can be numberdoubt that if the statement before the Mukhiya is to be left out of companysideration, the appellant cannot be held guilty. Proceeding further, this group of persons found the appellant about a mile from Titithapur going behind a bullock cart. The dead body was found with the neck cut and besmeared with blood. They called on the Sarpanch of the village who directed them to take the appellant to the Mukhiya number making any enquiry himself The Mukhiyas place in Lorajore was at a distance of about a mile from Saptar. P 3A and P 24. 511 proceeded with the investigation, took charge of various articles found in the companypartment of the Barauni passenger, received the post mortem report, examined witnesses and sent all the material exhibits to the Chemical Examiner for examination and report. The report of the Chemical Examiner showed that among the 1036 articles found with the appellant Nishi Kant Jha and sent up for examination the following were stained with human blood 1 leather belt cutting 2 cuttings of underwear, trousers and shirt 3 pair of chappal 4 portion of a shoe 5 one big knife and 6 several books, papers and an exercise book. On being accosted the appellant said that he was going to village Roshan to his sisters place and that he had number companymitted any murder. He did number admit that he had told anyone that while companying from the side of Gangamarni he had been assaulted by some herdsman and cut his finger with glass and said that his reply to the query was that he had an altercation with a herdsman on his asking about the way when the latter wanted to assault him with a sharp edged knife and on his catching hold of it he had cut his hand. He did number admit that he had with him a knife when he was arrested. At this I caught hold of his hand, as a result of which my left fore finger got injured with knife. Photographs of the deceased were taken and later the body was identified as that of Jai Prakash Dubey, a student of class X B Science of Jhajha High School. on the charges of forging Ex. the appellant said that he companyld number identify the photographs of the victim as those of Jai Prakash Dubey and that he did number know Jai Prakash Dubey. The report also showed that sample of blood found on the deceased was of the same group as that of the appellant. There they were told by Jaganath Mahto and Rameshwar Mahto P.Ws. He admitted having been taken to the house of the Mukhiya, Sudama Raut but his version was that when he reached there they all began to beat him and told him that he must make a statement as suggested by them. The appellant wanted to prevent this and in trying to catch hold of the assailants hand he was injured by a knife. The Mukhiya had asked him to companyfess his guilt and give a statement and on his refusing to do so, he was again assaulted and threatened with death. On his catching hold of the lathi he got his hand cut which was bleeding. At the trial evidence was adduced by the Headmaster of the school that Jai Prakash Dubey, the victim, was an old student while the appellant had joined that school in the month of March 1961. The statement reads I am Nishi Kant Jha, son of Nilkanth Jha, resident of Baburpur, P.S. At this point of time another herdsman appeared with a lathi which was shining like glass and wanted to assault him with this. of the victim companyld have been caused by that knife ,which was in the possession of the, appellant One of the horizontal. At the end of the statement there was an endorsement reading On my understanding my statement, I affix my signature. P 3A and for companymission of the offence of forgery of the ,tender and of another document Ex. P 3A being a genuine document. The appellant had admitted his presence on the scene of the murder, but it was his version that the crime was companymitted by someone else while he himself was a helpless spectator. P 3A should be eliminated from companysideration and it was held that there were really numbercircumstances inconsistent with Ex. Before taking a numbere of his statement under s. 342 of the Code of Criminal Procedure, it will be useful to reproduce his statement Ex. The main question involved in this appeal is, whether the statement of the appellant recorded by a village Mukhiya before he was handed over to the police is admissible in evidence and if so, whether the companyrt companyld reject a part thereof and rely on the remainder along with other evidence adduced to hold him guilty of an offence he was charged with. The signature appearing thereunder was admitted by the appellant to be his beating date 12th October 1961. On his remonstration, a scuffle took place. 6 of the appellant and directed the party to take the appellant to the police station. Prasad, for the appellant. The Additional Sessions Judge, Santal Parganas acquitted the appellant of both the charges but, in appeal, the High Court found him guilty of the charge of murder and sentenced him to imprisonment for life. In his statement under s. 342 Cr. 34 On October 12, 1961. 6 his version was that it was number his statement but that he had been made to put his signature on a piece of blank paper which was later made use of as his statement. In respect of the charge regarding Ex. On a close scrutiny of the evidence adduced, the High Court found the following incriminating circumstances against the appellant Only about two hours after the murder i.e. With regard to Ex. They took him to the Mukhiyas house at 8.30 p.m. in the night and kept him there assaulting him with lathis and slaps. The case of the prosecution leading to the discovery of the murder and arrest of the appellant is as follows. According to the medical evidence the injuries. P 24 The Special Magistrate companyvicted both the appellants on all the three charges. Patel, were tried for the offence of companyspiracy to secure a companytract of Seoni Distillery by forging the tender Ex. He also had with him at that time a knife the length of the blade and the handle of which was about 9. He also prepared an injury report of the appellant and sent him to a doctor for examination. The post mortem report showed that there were numberless than six incised injuries caused by some sharp cutting weapon. The companytention urged on behalf of the appellant that the statement was number voluntarily made and as such companyld number be admitted in evidence was rightly rejected by the High Court,. General of Police, Anti Corruption Department, two persons by name Nargundkar and. him about his injury and he had given them the version just number mentioned. P 24 the trial Magistrate and the Sessions Judge used the evidence of experts to arrive at the finding that the letter Ex. Brij Bihari Pathak, Sub Inspector of Police P.W. The appellant pleaded number guilty. They suspected that the appellant might be the murderer and decided to go and search for him. Through fear he had affixed his signature on a blank paper. At that very time, he killed him. Examining the evidence in the appeal by special leave, this Court held that the peculiar features relied on by the companyrts below in Ex. Thereafter he took numberfurther steps to prevent the companymission of the crime. The party reached there at about 9 O clock at night and stayed there for 2 or 3 hours. 39 seized the articles which the appellant had with him in the presence of two witnesses and prepared a seizure list. Singh, for the respondent. The Sessions Judge quashed the companyviction of both the appellants under the first Charge of 1 1952 s.c.
R. 1044 Criminal companyspiracy but maintained the companyvictions and sentences under s. 465 I.P.C. He denied that the writing of the 1039 endorsement ascribed to him was his. The headmaster deposed to the fact that both of them used to play football and that numberenmity was known to exist between the two. Both the appellants went up in revision to the High Court without any success. I know their names after enquiring the same from them. The Judgment of the Court was delivered by Mitter, J. The appellant has companye up to this Court by special leave. They belonged to the same standard but were number in the same section inasmuch as one was in the arts section while the other was in the science section. 190 of 1966. CRIMINAl APPELLATE JURISDICTIONCriminal Appeal No. Thereupon he asked me to be careful. Chari and U.P. P. Singh and S.N. In Hanumant v. The State of Madhya Pradesh 1 the facts were as follows. People who met him there had asked. Appeal by special leave from the judgment and order dated February 4, 1966 of the Patna High Court in Government Appeal No. on that day was as follows. S.R. On a companyplaint filed by the Assistant Inspector. I had been knowing him from before. His account of the activities. 14 of 1963. P.C.
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1968_363.txt
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Venkataramjah, JJ. Sen, E.S. S. Sarkaria, A.P. After hearing learned Counsel for the parties, we pass the following order By companysent of the parties in substitution of the order the Division Bench and the single judge of the High Court.
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1980_409.txt
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1 was a sub tenant Shikmi under the Bhopal Act of 1932. Consequently he became an occupancy tenant entitled to companyferment of Bhumiswami rights under the M.P. 5 for mutation of his name as a Bhumiswami in the Revenue records. Thus he became entitled to companyferment of Bhumiswami rights under Section 490. His case was that the appellant was the occupant of the lands within the meaning of the Bhopal Act of 1932. Code of 1959 and, therefore, companyferral of Bhumiswami rights on him was erroneous in law. Maulana Shamsuddin, the sole appellant in this appeal, was a Muafidar in the erstwhile State of Bhopal of the disputed lands in accordance with the Bhopal State Land Revenue Act, 1932 for brevity, the Bhopal Act of 1932 . Code of 1959, the appellant became a Bhumiswami under Clause c of Section 158 and the respondent became an occupancy tenant under Section 185 1 iv b . Code of 1959. He did number become an occupancy tenant under the M.P. The Tahsildar by his order dated the 24th June, 1963 directed Khushi Lal to deposit companypensation equivalent to 15 times of the land revenue on the payment of which his name was to be recorded as a Bhumiswami of the holdings. The Board held that the appellant was number an occupant within the meaning of Section 2 15 of the Bhopal Act of 1932 and companysequently the first respondent was number a Shikmi under the said Act. Code of 1959, by the Revenue Authorities is companyrect and sustainable. In this appeal by certificate granted by the Madhya Pradesh High Court the question of law which falls for our determination is whether companyferral of Bhumiswami rights on Shri Khushi Lal, respondent No. He applied before the Tahsildar, Huzur, respondent No. 1 in respect of the lands in question in accordance with Section 190 of the Madhya Pradesh Land Revenue Code, 1959, hereinafter referred to as the M.P. The first respondent claimed to be a Shikmi of the appellant in respect of the lands in question. The appellant failed before the Additional Commissioner, Bhopal, respondent No. Huzur, respondent No. He went in revision before the Board of Revenue, respondent No. The appellant was an occupant and the respondent No. On the companying into force of the M.P. 4 from the order of the Tahsildar. It appears his name was so recorded on the deposit of the companypensation money. The appellant has preferred this appeal in this Court to challenge the decision of the High Court and for restoration of the order of the Board of Revenue. His appeal was dismissed by the Sub Divisional Officer on the 12th of December, 1963. The appellant filed an appeal before the Sub Divisional Officer. Untwalia, J. The revision was allowed on the 6th of July, 1965. The first respondent filed a Writ Petition in the High Court and succeeded there. 3 on the dismissal of his second appeal on the 25th August 1964.
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1978_238.txt
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Kirori Mal had litigation in Calcutta. Even before this Seth Kirori Mal had paid me a sum of Rs. the amount would number be paid to Kirori Mal. 23,500 was payable to him for professional services rendered by him to Seth Kirori Mal. It appears that Seth Kirori Mal was in arrears in payment of his income tax, and a sum of Rs. Seth Kirori Mal then served a numberice on December 23, 1960, on the appellant to pay the arrears of rent. On January 4, 1961, Seth Kirori Mal made an application under s. 14 of the Delhi Rent Control Act before the Rent Controller, Delhi. He pleaded that the property was in the custody of the Court, and that inasmuch as a receiver had been appointed, Kirori Mal had numberlocus stands to maintain the petition denying at the same time that Kirori Mal had informed him that he had been appointed a receiver of the property. He had, however,on September 29, 1957, addressed a letter to the respondent Seth Kirori Mal. He offered to reduce the fees if Seth Kirori Mal had any objection, but stated that till the professional fees were recouped, numberrent companyld be companysidered to be due from him. On November 25, 1960, Seth Kirori Mal applied to the High Court at Calcutta for directions to the Official Receiver to take appropriate proceedings to realise the arrears of rent from the appellant, and on December 19, 1960, the High Court appointed Seth Kirori Mal receiver in the case. 43, Prithvi Raj Road, New Delhi as a tenant, and his landlord Seth Kirori Mal Luhariwala is the respondent in this appeal. In his reply to this letter, on July 5, 1960, the appellant for the first time stated that there was an agreement between him and Seth Kirori Mal to adjust the rent towards his professional fees until the fees were fully paid. In his written statement in reply to that application, the appellant pleaded that Seth Kirori Mal had numberright to recover rent from him, inasmuch as a. numberice under s. 46 5A of the Indian Income tax Act had. Kirori Mal also sent a receipt, dated October 16, 1957, or the amount, and is item 23 in the record. Against the decision of the Rent Controller, the appellant filed an appeal before the Rent Control Tribunal. On October 31, 1957, the Income tax Officer Central Circle, New Delhi, to whom all cases of Seth Kirori Mal were transferred, issued a numberice to the appellant under s. 46 5A of the Indian Income fax Act directing him to deposit with the Income tax Officer all sums due by way of rent as also future rents. The Rent Controller also said that if in the enquiry to be subsequently made, the tenant proved that the amount of fees had to be recouped from rent. The reply of Kirori Mal, dated October 15, 1957, figured in the arguments a great deal, and as it is brief, it may be quoted here From TO Dated Faigarh, the 15th October, 1957, Dear Sir, With reference to letter No. He stated You will therefore appreciate that I am entitled to adjust the rent payable against the fees due to me and the amount due to me will absorb the rent for a little over six years. The Rent Control Tribunal affirmed the decision of the Controller, observing that the plea taken by him that his professional fees were to companye out of rent was an after thought and there was numberevidence to prove that there was such an agreement between the parties. The appellant also companytended that under the Rent Control Act, a receiver had numberright to act on behalf of the landlord. This is an appeal by special leave against the order of the High Court, Punjab, dated August 14, 1963, by which an order of the Rent Controller under s. 15 1 of the Delhi Rent Control Act, 1958, directing the appellant to deposit back rents at Rs. He referred to the alleged agreement by which fees were, to be recouped from rent as and when it fell due, pointing out that on an earlier occasion a sum of Rs. He asked the Receiver to get the numberice withdrawn, and stated that he would be glad to remit the amount of rent to him when that was done. He referred to the payment of rent by adjustment towards fees for the period 1st October, 1957 to 31st March, 1958, which was the subject of the letter above. Chakravarti also sent a numberice on July 8, 1958, to the appellant demanding rent already due and also as and when due. To this numberice, the appellant sent a detailed reply which, in substance, has been his defence in the proceedings before the Rent Controller, from which the present appeal has arisen. The case was then set down for arguments and after hearing the arguments, the Rent Controller passed his order on July 22, 1961. M 17 58, dated 29th September, 1957, 1 am to write that you may please adjust six months rent of 43, Prithviraj Road, New Delhi, i.e., Rs. To this numberice, the appellant sent a reply on July 19, 1958. Paluram Dhanania, For Kirorimal Luhariwala. He stated that as regards rent after 1st April, 1958, he had numberobjection to pay the amount to the Receiver or any other claimant but regretted that it was number possible for him to make the payment because of the numberice served upon him by the Income tax Officer. A second letter was sent by the Official Receiver on September 5. been issued by the Income tax Officer, Central Circle V, New Delhi. 43, Prithvi Raj Road. 1800 was allowed to be adjusted towards fees. The tenancy companymenced on July 28, 1957, and the memorandum of tenancy, dated July 1, 1957, produced in the case, shows that the premises were taken on a monthly tent of Rs. In his reply, dated September 14, 1959, to this letter, the appellant raised the question that a sum of Rs. The High Court hi ,Id that the order made under s. 15 1 of the Act was proper, because it was an admitted fact that rent had number been paid to anybody from April 1, 1958. 300 per month from 1st July, 1957, was companyfirmed. The High Court upheld the orders so far made and pointed out that in the letter dated July 19, 1958, to the Receiver, the appellant had number mentioned the agreement. The appellant is an advocate, who is practising at Delhi. Yours faithfully, Sd. He also raised the question of certain other expenses which he had incurred in companynection with the house which he claimed he was entitled to deduct from the rent and informed that a few repairs were, required in the house. The case was pending in the High Court and on May 1, 1.958, an order was made appointing one Chakravarti as a Receiver of the properties including No. The appellant sent numberreply to this numberice. The balance of your fee will be paid later at the time of final settlement. The numberice to quit which the appellant alleged was number issued to him was filed in the Court of the Controller on May 17, 1961. Appeal by special leave from the judgment and order, dated September 2, 1963, of the Punjab High Court Circuit Bench at Delhi in L.P.A. B. Dadachanji, O. C. Mathur and Ravinder Narain, for the appellant. On the next date, a statement of the appellant was recorded and he denied the numberice and also its receipt. 1041 of 1963. N. Sanyal, Solicitor General of India and B. P. Maheshwari, for the respondent. The appellant was ordered to inspect it and to be ready for his statement as to the companyrectness of the numberice. 119 D of 1963. Some other please were raised, but it is number necessary to refer to them because they were number raised before us. January 9, 1964. T. Desai, J. 1959, making another demand. 39,00,000 was outstanding from him. He had brought a suit against four defendants, claiming the present property as his absolute and exclusive self acquired property. The High Court granted the appellant one months time from the date of its own order, as the original time had already run out. The memorandum also companytains other terms which need number be mentioned here, because they are number relevant to the present appeal. The appellant then appealed to the High Court of Punjab. The Judgment of the Court was delivered by HIDAYATULLAH J. He is occupying No. CIVIL APPELLATE JURISDICTION Civil Appeal No. No.
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1964_339.txt
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The defence version, as set up by the appellant Brij Bhukhan, was that he was attacked by Ram Prasad and three unknown persons who had companye to his house at 7 30 the same evening and Brij Bhukhan used his weapon in self defence. Ram Prasad and his son arrived at Churyani bus stand at about 5 p. m. and they were met by Buddhu. On the version given by Brij Bhukhan, a case of the right of private defence was suggested. An inmate of Babu Lals house, Srimati Jagarnathi in attempting to protect Ram Prasad received some injuries. When the appellant Brij Bhukhan was arrested and produced at the police station he was found to have certain injuries on his person. The appellants entered Babu Lals house and dragged out Ram Prasad with violence and assaulted him on the threshold of the house. Ram Prasad died very soon thereafter. It was pointed out by the High Court that the prosecution suggested an explanation as to how Brij Bhukhan may possibly have received the injuries, namely, that when Brij Bhukhan tried to escape arrest, he stumbled on a cart and fell down and thus sustained these injuries. When Ram Prasad was attacked by the appellants, he ran into the house of one Babu Lal Kayastha chased by the appellants. Ram Prasad had instructed his servant Buddhu to meet him when the bus arrived in order to carry his things home from the place where the bus would stop near his village. On the alarm raised by Ram Prasad, Santosh Kumar and Buddhu, several persons from the neighbourhood came in time to witness the assault. The appellants Sheo Ram and Ramu set up defence of alibi. The High Court came to the companyclusion, having regard to some of the injuries that they were of a nature as to make it too risky for Brij Bhukhan himself or anybody else acting on his behalf to create those injuries on his person. That the deceased Ram Prasad was killed in an incident at village Churyani on the 14th of September, 1954, at about 5 to 5 30 p. m. admits of numberdoubt. The first information was lodged at police station Ghazipur at 7 p. m. by Ram Prasads servant Buddhu in which the appellants were named. According to the version of the prosecution, Ram Prasad had gone to Fatehpur in companynection with a revenue case, having left at about 8 oclock in the morning and was due to return to his village Churyani at 5 or 5 30 p. m. His son Santosh Kumar had also gone to Fatehpur in the morning to attend his companylege and the arrangement between father and son was that they would return together in the evening by bus and Santosh Kumar was to meet his father at the bus stand. Both the Courts below accepted the prosecution version of the occurrence and clearly found that the place of occurrence was at Babu Lals house. The appellants, however, ran away Ram Prasad was lifted and placed on a company, which was brought by Srimati Jagarnathi from inside the house and, after a little while, was taken on it to his house which was at a distance of 70 or 80 paces. The occurrence took place at about 5 30 p. m. and a First Information Report was lodged at the police station three miles away at 7 p. m. by Buddhu. They rejected the defence version in the clearest terms. These persons started for their house. The defence of other appellants was denial of participation in any assault. On the 16th of September, 1954, he was examined by Dr. Shukla, the Medical Officer in charge of the District Jail, Fatehpur, who found five injuries on his person, numbere of which were serious. In these circumstances, he and those who came to protect him, i.e., his wife, Din Dayal, Khuda Bax and Shanker Lal were injured. They had number gone very far when they were attacked by the appellants. The appellants were granted special leave to appeal by this Court against the decision of the Allahabad High Court upholding their companyvictions under Sections 302 read with Section 149, 449 read with Sections 149 and 147, Indian Penal Code, and the companyviction of the appellant Sheo Ram under Section 323, Indian Penal Code. Imam, J. The High Court found it difficult to accept this suggestion. Before dealing with the main submission made by Mr. Sethi on behalf of the appellants, it is necessary to state a few facts.
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1956_84.txt
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Ganga Singh had a brother Ranga Singh and a sister Banti. Both, RAnga Singh and Banti had died during the life time of Ganga Singh. The appellant sought mutation as the nearest heir, being daughter of Ganga Singhs sister. Respondent number1 did number accept the claim of the appellant and disputed that she is the daughter of the sister of the testator, Ganga Singh. The question for companysideration in this appeal relates to the genuineness of a will said to be executed by one Ganga Singh whereby he bequeathed all his property to his distant companysin, Atma Singh, respondent number 1, the grandson of the brother of the grandfather of Ganga Singh. After the death of Ganga Singh, proceedings regarding mutation of the lands in his share were initiated and in those proceedings Respondent No.1 sought mutation in his favour on the basis of the will. On October 2, 1968, Ganga Singh is said to have executed the will in question whereby he bequeathed his entire property to respondent No. At the time of his death, on October 10, 1968, Ganga Singh was having one third share in land measuring 148 kls. Guro, the appellant herein, is the daughter of Banti. Thereafter respondent number 1 filed a suit for declaration wherein he claimed one third share of Ganga Singh on the basis of the will dated October 2, 1968. in Village Dall, Tehsil Patti, District Amritsar. The Sub Judge, I Class, Patti by his judgment dated July 25, 1972 decreed the said suit of respondent number 1 on the view that the execution of the will by Ganga Singh was duly proved and at the time of the said execution, the testator was in a sound state of mind. 11mls. The Assistant Collector, I Grade, Patti sanctioned the mutation in favour of the appellant and did number accept the will on the ground that it was number beyond suspicion. The said suit was companytested by the appellant who disputed the genuinesness of the will. 3163 of 1983. 1504 of 1973. Satish for the Appellant. From the judgment and Order dated 28.10.1982 of the Punjab and Haryana High Court in Regular Second Appeal No. Feeling aggrieved by the said decision of the High Court, the appellant has filed this appeal. The Judgment of the Court was delivered by C. AGRAWAL, J. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1992_737.txt
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30th March 1732 John Birch Weobley Fraudulent sale of the Derwentwater Estate escheated to the Crown by the Earl of Derwentwater, companyvicted of High Treason during the 1715 rebellion . 30th March 1732 Denis Bond Poole Fraudulent sale of the Derwentwater Estate escheated to the Crown by the Earl of Derwentwater, companyvicted of High Treason during the 1715 rebellion . 28th January 1721 Sir Robert Chaplin, Bt. 16th February 1857 James Sadleir Tipperary Absconded after arrest for fraudulent companyversion. 30th January 1721 Sir Theodore Janssen, Bt. Walsh had been expelled by the Stock Exchange for gross and nefarious companyduct in 1809. 2nd March 1892 George Woodyatt Hastings Worcestershire, Eastern Convicted of fraudulent companyversion. 17th February 1769 John Wilkes Middlesex Returned despite his previous expulsion. 28th January 1721 Francis Eyles Devizes Director of the South Sea Company. 1st August 1922 Horatio William Bottomley Hackney, South Convicted of fraudulent companyversion. 5th March 1812 Benjamin Walsh Wootton Bassett Convicted later pardoned of attempting to defraud Solicitor General Sir Thomas Plumer. 23rd January 1721 Jacob Sawbridge Cricklade Director of the South Sea Company. 8th March 1721 Rt. 5th July 1814 Lord Cochrane Westminster Convicted of companyspiracy to defraud circulated false rumours of the defeat and death of Napoleon Buonaparte in order to boost share prices . Andrew James Cochrane Grampound Convicted of companyspiracy to defraud circulated false rumours of the defeat and death of Napoleon Buonaparte in order to boost share prices absconded to France before sentence. The Committee of Privileges companysidered the companyduct of the petitioner and resolved to suspend him. Com and Aaj Tak. By the Legislative Members Exemption Act, 1925, two parliamentary privileges were allowed to Members i exemption from jury service and ii freedom from arrest. 3rd February 1769 John Wilkes Middlesex Previous companyviction for libel and blasphemy, and a further seditious libel in the Introduction to a letter to Daniel Ponton Chairman of Quarter Sessions at Lambeth in the St. Jamess Chronicle. 22nd June 1716 John Carnegie Forfarshire Participation in the 1715 Jacobite rebellion. Those Members have challenged the impugned action of expulsion. The same member was also expelled from the Irish Parliament on 11th October 1703. 18th March 1714 Sir Richard Steele Stockbridge Seditious libel. The Committee therefore recommend that Dr. Chhattrapal Singh Lodha be expelled from the membership of the House as his companyduct is derogatory to the dignity of the House and inconsistent with the companye of companyduct which has been adopted by the House. Great Grimsby Director of the South Sea Company. 2nd May 1796 John Fenton Cawthorne Lincoln Convicted by companyrt martial of fraud and embezzlement of the funds of the Westminster Regiment of the Middlesex Militia cashiered for companyduct unbecoming the character of an officer and a gentleman. The Committee thus recommended expulsion of Dr. Lodha. The House resolved that he was, and is, incapable of being elected a Member to serve in the present Parliament. Yarmouth, Isle of Wight Director of the South Sea Company. 12th January 1712 Robert Walpole Kings Lynn Corruption while Secretary at War. 4th December 1783 Christopher Atkinson Hedon Convicted of perjury after swearing that accusations against him of fraud were untrue. The allegations were found to be companyrect and pursuant to the reports submitted by the Committees, the Members were expelled by Parliament. of both the Houses and qualification of members, Articles 89 to 98 make provisions for election of Speaker, Deputy Speaker, Chairman, Deputy Chairman and their salaries and allowances. 3rd April 1732 George Robinson Great Marlow Fraudulent use of the funds of the Charitable Corporation for speculation. 16th May 1726 John Ward Weymouth and Melcombe Regis Involved in a fraud against the estate of the late Duke of Buckingham companypelled to buy Alum from Wards Alum works, but which Ward kept and sold again to others. The Committee numbere that the companycerned representatives of the Portal Cobrapost. 22nd February 1882 Charles Bradlaugh Northampton Contempt of orders of the House of Commons excluding him from the Parliamentary estate. After taking all factors into companysideration, the overwhelming and clinching evidence that the member has, in fact, companytravened para 5 of the companye of companyduct for members of the Rajya Sabha and having companysidered the whole matter in depth, the companymittee, with great sadness, has companye to the companyclusion that the member has acted in a manner which has seriously impaired the dignity of the house and brought the whole institution of parliamentary democracy into disrepute. 19th February 1712 Rt. Forage companytracts he negotiated stipulated payments to Robert Mann, a relation of Walpoles, but Walpole signed for them and therefore received the money. Com namely Shri Aniruddha Bahal, Ms. Suhasini Raj and Shri Kumar Badal approached the members posing as representatives of a fictitious companypany, through a number of middlemen, some of whom were also working as Private Secretaries Personal Assistants of the members companycerned. A numberification was issued on December 23, 2005 numberifying that Dr. Lodha had ceased to be a member of Rajya Sabha with effect from afternoon of December 23, 2005. The Committee has also viewed the video tapes and heard the audio transcripts more than once. 12th May 1891 Edmund Hope Verney Buckingham Convicted of procuring a girl under the age of 21 Miss Nellie Maud Baskett for an immoral purpose. Adam de Cardonnel Southampton While Secretary to the Duke of Marlborough, he received an annual gratuity of 500 gold ducats from Sir Solomon de Medina, an army bread companytractor. Money was accepted by the members directly and also through their Private Secretaries. A motion of expulsion of the petitioner was moved and was passed. Findings and Conclusions The Committee viewed the VCDs companyprising the relevant video footage aired on the Aaj Tak TV Channel on 12 December, 2005, perused the transcripts thereof, companysidered the written statements submitted by each of the said ten members and their oral evidence and also the oral evidence of Shri Aniruddha Bahal, Kumar Badal and Ms. Sushasini Raj of Cobrapost. He had abstracted 250,000 of stock from the Tipperary Joint Stock Bank for his brothers use. Plumer had given Walsh a draft of 22,000 with which to buy exchequer bills, but Walsh used it to play the lottery, and lost he then companyverted his remaining assets into American currency and set off for Falmouth to sail to America, but was brought back. They requested the members to raise questions in Lok Sabha and offered them money as a companysideration thereof. 15th February 1711 Thomas Ridge Poole Having been companytracted to supply the fleet with 8,217 tuns of beer, supplied only 4,482 tuns from his brewery and paid companypensation at a discounted rate for the number supplied beer, thereby defrauding public funds. The Court had been ably assisted by the learned companynsel for the parties on the central question of Parliamentary privileges, the power of the House to deal with those privileges and the ambit and scope of judicial review in such matters. So far as the Committee companystituted by the Lok Sabha is companycerned, it stated IV. 26th February 1892 Edward Samuel Wesley de Cobain Belfast, East Absconded to the United States of America after a warrant for his arrest on charges of companymission of acts of gross indecency was issued. 23rd May 1810 Joseph Hunt Queenborough Absconded to Lisbon after being found to have embezzled public funds as Treasurer of the Ordnance. The petitioner, however, companytinued to disturb proceedings of the House and by use of minimum force, he was removed from the House. One of the questions referred to by the President related to Parliamentary privileges vis vis power of Court. In Yeshwant Rao Meghawale v. Madhya Pradesh Legislative Assembly Ors.,
AIR 1967 MP 95, the petitioner obstructed the proceedings in the House, jumped on the dias and assaulted the Deputy Speaker. Diverted 356,000 of funds 200,000 of which was in shares of the Corporation into buying York Buildings Company stock, the profits from the sale of which were given to him. 5th July 1814 Hon. 4th February 1725 Francis Elde Stafford Corrupt attempt to companypromise an election petition against him. 82, 83, 84, 85, 86, 87, 88, 89, 90 OF 2006 AND Writ Petition C No. The Government of India Act, 1935 extended the privileges companyferred and immunities granted. Com who companyducted the Operation Duryodhan. Whereas Chapters I and IV deal with the Executive and Judiciary Chapters II and III relate to Parliament. For the first time, a limited right of freedom of speech was companyferred on the Members of Legislature by the Government of India Act, 1919 Section 67 . Permission was number granted by the Speaker. On my part, I may state that I am an optimist who has trust and faith in both these august units, namely, Legislature and Judiciary. The accusations related to his dealings with the Victualling Board, and were in a letter printed in the General Advertiser on 31st January 1781. Articles 79 to 88 provide for companystitution, companyposition, duration, etc. Published an article in The Guardian and a pamphlet called The Crisis exposing the governments support for French inaction on the demolition of Dunkirk demolition was required under the Treaty of Utrecht. AIR 1954 All 319, the petitioner who was an elected representative of the Legislative Assembly of Uttar Pradesh wanted to move a motion in companynection with forcible removal by police of three teachers who were on hunger strike. The Indian Independence Act, 1947 accorded sovereign legislative power on the Indian Dominion. CONSTITUTIONAL PROVISIONS The Constitution of India came into force from January 26, 1950. 129 OF 2005 K. THAKKER, J. I have had the benefit of reading the erudite judgment prepared by my Lord the Chief Justice. The Assembly passed a resolution to take in custody K, S as also two Honble Judges of the High Court. The petitioner challenged the resolution in the High Court of Allahabad under Article 226 of the Constitution. A Full Court on judicial side admitted the petition and granted stay against execution of warrant of arrest against Judges. On 21st March 1893 he was companyvicted and sentenced to twelve months imprisonment with hard labour. During his term he left a deficit of 93,296. K filed a petition for habeas companypus by engaging S as his advocate and a Division Bench of two Judges of the High Court of Allahabad Lucknow Bench released him on bail. Both the Judges instituted a writ petition in the High Court of Allahabad. Part V companytains the relevant provisions relating to the Union. Both the Judges forming the Division Bench ordered dismissal of the petition by recording separate reasons. I am in agreement with the final order dismissing the petitions. WITH TRANSFERRED CASES NOs.
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2007_60.txt
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1237/1980 for cement tiles and ISI No. 59/90 CE on the ground that the cement tiles in question are number floor companyerings in rolls or in the form of tiles as per the description against serial No. The adjudicating authority accordingly visited the factory premises of the assessee Company and studied the manufacturing process of cement tiles. The adjudicating authority further numbericed that the cement tiles were demoulded, cured, surface treated and are marketed in the brand name of Eurocon tiles. The First Appellate Authority companyfirmed the order of the adjudicating authority holding that the cement tiles manufactured by the assessee Company are number floor companyerings and the benefit of the Notification has been rightly extended to the Company. Finally, the adjudicating authority came to the companyclusion that cement tiles manufactured by the assessee Company are companyered under sub heading 6807.00 as such the benefit of exemption Notification No. The assessee Company in its reply submitted that cement tiles manufactured by them are used to companystruct the floor itself and it is number floor companyerings in terms of the description of the goods under sub heading 6807.00. The appellant Company is engaged in manufacture of flooring cement tiles using cement, sand, blue metal and gravel along with pigment. Some samples pertaining to floor companyerings and other products, including cement tiles, were produced by the assessee Company as material evidence for companyparative analysis before the adjudicating authority at the time of inspection of the factory premises. The adjudicating authority on such inspection had studied the process of manufacture of cement tiles and found that cement, sand, blue metal, gravel were mixed in pre determined proposition along with pigments and then the mixture was poured into moulds, companypacted and allowed to set automatically through vibration table. These are in the form of tiles used for companystructing the floor itself or the wall, as the case may be. The Superintendent of Central Excise, Range IXA, Madras, IX Division, issued a show cause numberice dated 6th November, 1992 to the appellant Company hereinafter referred to as the assessee Company directing it to pay the excise duty on the cement tiles as the said goods are number eligible to avail the benefit of the Exemption Notification No.59/90 CE. 4 of sub heading 6807.00 of the Table annexed with the Notification. The major differences that exist between the floor materials and floor companyering materials along with specifications maintained by ISI No. The Revenue preferred an appeal against the said order of the adjudicating authority before the Collector Appeals . The third Member Technical agreed with the views expressed by Member Judicial and accordingly the appeal filed by the Revenue was accepted and the benefit of companycession of the excise duty was denied to the assessee Company. The appellant Company filed classification list claiming the benefit of Notification No. 59/90 dated 20th March, 1994 is available to the Company. Hence, the assessee Company has filed this appeal before this Court challenging the companyrectness and validity of the order of the CEGAT. Being aggrieved against the order of the appellate authority, the Revenue filed an appeal before the CEGAT. The Member Technical of the CEGAT has found numberinfirmity or perversity in the said order and dismissed the appeal of the Revenue, but the second Member Judicial has recorded separate order differing with the order of Member Technical and set aside the order of the appellate authority. The Assistant Collector of Central Excise, Madras, IX Division the adjudicating authority, on careful examination of the records and the submissions made before it by both the parties and after taking into companysideration the Section Notes Chapter Notes of Chapters 39, 57, 59 and 68, felt it necessary to companyduct an on the spot study since the issue for adjudication was in regard to the product classification. E/1554/94 D MD, setting aside the Order dated 16th May, 1994 recorded by the Collector of Central Excise Appeals , Madras. 1557/2000 dated 14th November, 2000 of the Customs, Excise and Gold Control Appellate Tribunal for short the CEGAT , Chennai, in appeal No. The matter came to be referred to the third Member for solving the difference of opinion between the Members of the Bench. This Statutory Appeal is filed by M s Indcon Structurals Limited under Section 35L b of the Central Excise Act, 1944 hereinafter referred to as the Act against the Final Order No. Lokeshwar Singh Panta, J.
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2006_898.txt
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Act against the accused. On seeing PW 2, the accused asked for the balanced amount and PW 2 tendered the amount to the accused, who after receiving the same placed the same in his shirts pocket. By order dated 29.07.2000 the trial Judge companyvicted the accused under Sections 7 and 13 1 d read with 13 2 of the P.C. Thereafter on 19.09.1998, the accused demanded the balanced sum of Rs.200/ from PW 2 and agreed to send a favourable report. After investigation, the accused was apprehended and subsequently charge sheet was filed against the accused under Section 7 and Section 13 1 d read with Section 13 2 of the P.C. Act and rigorous imprisonment for a term of four years under Section 13 1 d read with Section 13 2 of the P.C. On 24.09.1998, PW 2 reported the illegal demand of the accused to the officials of vigilance department. On 10.09.1998, the respondent accused demanded gratification of Rs.500/ from PW 2 for forwarding a favourable enquiry report to the District Magistrate. affixed identification marks on the numberes and after applying Phenolphthalein powder on the numberes, placed them in the pocket of PW 2 with a direction to make the payment to the accused if, demanded. Act and rigorous imprisonment for a term of four years under Section 13 1 d read with Section 13 2 of the C. Act. Thereafter, PW 2 came out of the room and companyveyed the signal and the trap team arrived there. Act and sentenced him to undergo rigorous imprisonment for a term of three years with a fine of Rs.25,000/ in default to undergo simple imprisonment for one year under Section 7 of the P.C. Sidharthan, learned companynsel for the respondent accused. The District Collector PW 1 immediately directed an enquiry through the respondent Village Officer accused and directed him to submit a report before 15.09.1998. Act and sentenced him to undergo rigorous imprisonment for a term of three years with a fine of Rs.25,000/ , in default to undergo simple imprisonment for one year under Section 7 of the P.C. There was a property dispute between PW 2 Complainant and his sister in law. After companypletion of the formalities of the trap team, PW 2 alone went inside the village officers room. At the time of trap, PW 3 Agricultural Officer, Krishi Bhavan, Erattupetta and Additional Tahsildar, Taluk Officer, Meenachil PW 4 were present. Thereafter, on 26.09.1998, PW 2 made a formal companyplaint Ex. In short, the case of the prosecution was as under The respondent accused was a Village officer, Vijayapuram in Kottayam District. On the same day, the companyplainant paid the accused a sum of Rs.300/ . 21 of 1999 companyvicting the respondent herein for the offences punishable under Sections 7 and 13 1 d read with 13 2 of the Prevention of Corruption Act, 1988 hereinafter referred to as the P.C. statement and produced M.O.1 numberes two numberes of hundred rupees denomination each before the Vigilance officer. It is with these findings, the High Court allowed the appeal filed by the accused and set aside his companyviction. Challenging the said order, the accused filed an appeal before the High Court. As mentioned above, this is a case where the Trial Court companyvicted the accused respondent of the offences alleged against him under the PC Act whereas the High Court on appreciation of evidence finding fault in the manner of appreciation done by the Trial Court reversed the judgment of the Trial Court and acquitted the respondent on the findings mentioned in para 11 giving rise to filing of this appeal by the State. The High Court appreciated the evidence and on its appreciation recorded its disagreement with the reasoning of the Trial Court. The sister in law submitted a companyplaint to the District Collector on 01.09.1998. 496 of 2000 whereby the Single Judge of the High Court set aside the order dated 29.07.2000 passed by the Trial Court in C.C. The Single Judge of the High Court by impugned order dated 09.08.2004 set aside the order of companyviction and acquitted the respondent of the charges leveled against him. In the opinion of the High Court when these two material facts were number satisfactorily proved with the aid of evidence adduced by the prosecution, the accused is entitled to claim the benefit of doubt and hence can number be companyvicted for the offences in question. During the trial, the prosecution examined seven witnesses and the defence examined three witnesses. Heard Mr. Nikilesh Ramachandran, learned companynsel for the appellant State and Mr. V.K. After registering the FIR, the Dy. This appeal is filed by the State against the final judgment and order dated 09.08.2004 passed by the High Court of Kerala at Ernakulam in Criminal Appeal No. Abhay Manohar Sapre, J. P 3 , F.I. Act. It is also number proved that companyour of currency numbere did number turn pink. S.P. Aggrieved by the said order, the State has filed this appeal by way special leave before this Court. No.
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2016_238.txt
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The defendant appel lant firm admitted the issue of the cheque by its Managing partner, but, it denied any privity of companytract with the plaintiff firm. The suit was instituted under the provisions of Order 37 Civil Procedure Code so that the defendant appellant had to apply for leave under Order 37, Rule 2, of the Code to defend. The defendant appellant had its own version as to the reasons and purposes for which the cheque was drawn. The plaintiff alleged that the cheque 1061 was given as price of goods supplied. 115/75 . according to law and Mercantile usage, on the strength of a cheque drawn by the defendant on 12th May, 1971, on the State Bank of India, which, on presentation, was dishonoured. N. Andley, Urea Dutta and T.C. Leave to defend may be given uncondi tionally or subject to such terms as to payment into Court, giving security, framing and recording issues or otherwise as the Court thinks fit. 21,265.28 as principal and Rs. The plaintiff respondent ,alleged to be a regis tered partnership firm filed a suit on 25th April, 1974, through Smt. Order 37, Rule 3, Civil Procedure Code lays down 1 The Court shall, upon application by the defendant give leave to appear and to defend the suit, upon affidavits which dis close such facts as would make it incumbent on the holder to prove companysideration, or such other facts as the Court may deem sufficient to support the application. C. Agarwala and M.M.L. Pushpa Mittal, shown as one of its partners, for the recovery of Rs. 7655/ , as interest at 12 per annum. 508 of 1976. A learned Judge of the High Court of Delhi had on a revision application under Section 115 Civil Procedure Code interfered with the order of the Additional District Judge of Delhi granting unconditional leave, after setting out number less than seven questions on which the parties were at issue. Srivastava, for the respondent. CIVIL APPELLATE JURISDICTION Civil Appeal No. Appeal by Special Leave from the Judgment and Order dated 27 10 1975 of the Delhi High Court in Civil Revision No. This leave was granted unconditionally by the Trial Court after a perusal of the cases of the two sides. Sharma, for the appellant. The Judgment of the Court was delivered by BEG. J.
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1976_500.txt
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on february 19 1949 the inspector general of police central provinces and berar passed an order which reads as follows shri f. a. abraham respondent deputy superintendent police parbhani is reverted to rank of inspector. on may 25 1949 a companyfidential memorandum was sent by the district superintendent of police parbhani to the deputy inspector general of police aurangabad in which he stated that he had companyducted an inquiry into certain allegations of companyruption made against the respondent while he was acting in the service of the hyderabad government at parbhani and he thought that those allegations were of substance. he was appointed to officiate as deputy superintendent of police with effect from june 91948.
on january 27 1949 his services were lent to the hyderabad government in connection with the police action then being taken there. on february 5 1949 he was sent back to the central provinces and berar. on june 8 1948 the respondent was holding the post of inspector in the central provinces and berar police. thereupon the deputy inspector general of police aurangabad held a departmental inquiry regarding these allegations and found that they had number been proved. december 12.
the judgment of the companyrt was delivered by sarkar j. this is an appeal by the state of maharashtra against the judgment of the high companyrt at nagpur companyfirming the decree of the additional district judge nagpur declaring that the order reverting the respondent from the rank of officiating deputy superintendent of police to the rank of inspector of police was illegal and void and granting certain companysequential reliefs. there is a letter addressed by the inspector general of police to the chief secretary to the government of madhya pradesh dated august 19 1950 written after the departmental inquiry wherein it is stated that the respondents previous record was number satisfactory and that he had been promoted to officiate as deputy superintendent of police as the government was in need of officers and that he had been given a chance in the expectation that he would turn a new leaf but the companyplaint made in the companyfidential memorandum was a clear proof that the officer was habitually dishonest and did number deserve promotion. on march 3 1949 the government refused to companymunicate the reasons to him. after the order of reversion had been made the respondent on february 23 1949 asked for the reason for which he was reverted. this inquiry had been held behind the back of the respondent. numberwithstanding this the order reverting the respondent was maintained. civil appellate jurisdiction civil appeal number 59 of 1961.
appeal from the judgment and decree dated march 14 1957 of the bombay high companyrt at nagpur in first appeal number 75 of 1956.
s. bindra and r. h. dhebar for the appellant frank anathony j. b. dadachanji o. c. mathur and ravinder narain for the respondent. it is this order which was sought to be impugned by the respondent in the suit out of which this appeal arises.
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1961_228.txt
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37,36,775 with interest thereon at Rs. A question of law was sought to be referred to the High Court as provided under Section 256 of the Income tax Act, 1961, on an application thereto made before the Tribunal. Leave granted. The same having been rejected, this appeal is filed.
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2000_766.txt
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the appellants staff working in the division knumbern as kelso division was also threatened by the workmen. on receiving this companymunication from its staff the appellant numberified on the same day that the kelso division would be closed from that day onwards until further numberice. they added that the workers in the lower division were threatening them that they would murder them if they worked in the lower division. it appears that the kelso division companytinued to be closed until september 2 1957 on which date it was opened as a result of companyciliation before the labour officer when the respondents gave an assurance that there would number be any further trouble. this numberice referred to the brutal assault on the manager and to the threat held out against the field staff who were reluctant to face the risk of working in the lower division. as a result of these threats three members of the staff wrote to the appellant on july 27 1957 that they were afraid to go down to the lower division and it was impossible for them to work there because their lives were in danger. the claim for layoff is made for the said period during which the division remained closed between july 28 to september 2 1957.
soon after the division was closed the respondents made a complaint to the labour companyrt number 43 of 1957 under s. 33a of the act in which they alleged that they had been stopped from doing their work without numberice or enquiry and claimed an order of reinstatement with back wages and companytinuity of service. on july 26 1957 mr.
ramakrishna iyer the appellants manager was assaulted by some of the workmen of the appellant. this preliminary objection was upheld by the labour companyrt and the complaint was accordingly dismissed on numberember 30 1957.
thereafter the present companyplaint was filed by the respondents on january 31 1958 under s. 33c of the act. march 24.
the judgment of the companyrt was delivered by gajendragadkar j. this appeal by special leave is directed against the order passed by the labour companyrt at companymbatore directing the appellant the management of the kairbetta estate kotagiri to pay lay off companypensation to its workmen the respondents for the period between july 28 1957 to september 2 1957.
this order was passed on a complaint filed by the respondents before the labour companyrt under s. 33c 2 of the industrial disputes act xiv of 1947 hereinafter called the act . civil appellate jurisdiction civil appeal number 91 of 1959.
appeal by special leave from the decision dated march 241958 of the labour companyrt companymbatore in r. p. number 35 of 1958.
b. pai and sardar bahadur for the appellant. k. ramamurthi and t. s. venkataraman for the respondents. at the hearing of the said companyplaint the appellant raised a preliminary objection that the closure in question was a lock out and that it did number amount either to an alteration of companyditions of service to the prejudice of the workmen number did it companystitute discharge or punishment by dismissal or otherwise under cls. he suffered six fractures and had to be in hospital in companynumberr and madras for over a month. a and b of s. 33 respectively and so the petition was incompetent. the material facts leading to the respondents companyplaint must be set out briefly at the outset.
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1960_269.txt
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Kesri to Smt. Kesri died. Kesri, widow of Radhakishan, sold the house in dispute to Smt, Naresh Kumari, the appellant No. Sakshi Lal and Ashwani Kumari, the respondents, are reversioners of Radhakishan. Naresh Kumari Ors. Kesri, widow of Radhakrishan was alive and was a party, the respondents, reversioners of Radhakrishan, succeeded in their suit by getting declaration of this disputed house, that the sale deed by Smt. Aggrieved by this, Smt. Kesri had only a limited interest in the property and thus she had numberright to sell the property without any legal necessity. Naresh Kumari was without legal necessity hence void. One Smt. Their case was that Smt. Kesri became full owner of the said property and hence she being trans feree from her and being in possession of this property became full owner. Kesri died, namely, 22nd May 1957, since Hindu Succession Act came into force, Smt. The present issue has arisen when the respondents reversioners filed their second suit for possession over the same property about which they got the decree as aforesaid. On 13th June, 1955, this suit was decreed by the Trial Court holding that the transfer, by virtue of the said sale made by the widow was without any legal necessity and hence void against the reversioners interest. After companyclusion of the first leg of litigation, thereafter on 10th June, 1959, the reversioners of Radhakishan, the respondents before us, filed another suit for possession of the house in dispute on the basis of the decree as aforesaid. Nirmal Kumari appealed before the first appellate companyrt. Aggrieved by this order, the present appellants Smt. During its pendency, on 17th June, 1956 the aforesaid Hindu Succession Act came into force and on 22nd May, 1957 Smt. The defendants, the appellants before us, have companytested the suit on the ground that on the date Smt. Earlier, the said reversioners challenged the said sale and sought declaration of the title over the said house, by filing a suit for declaration, challenging the claim of the appellants. The appeal was allowed by the Additional District Judge, Kangra Division, thus the suit of the plaintiff was dismissed. Finally, on 11th June, 1958, the appeal Was also dismissed. The second appeal by the plaintiff was allowed by the High Court by setting aside the judgment and decree of the first appellate companyrt and restoring the decree of the trial companyrt. 3,000. 1, on 29th January, 1954 for Rs. The appeal filed by the appellant was dismissed which became final. have filed this appeal.
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1999_95.txt
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The Appellant has a department, which is called the Equipment Maintenance Department. It was held that the Equipment Maintenance Department was number amenable to the provisions of the ESI Act and that the Respondent was number entitled to apply the provisions of the ESI Act or to demand any companytribution. This department maintains the equipment in the hospital such as X ray, ECG and Radiation equipment, kidney dialysis, heart and lung machine, operating table equipment etc. The Appellant represented that the ESI Act would number apply to the Equipment Maintenance Department, inter alia, on the ground that this department was part and parcel of the Appellant College. The learned single Judge held that the Equipment Maintenance Department was just a limb of the Medical College and it companyld number be separated from the main Institution. In effect this department, inter alia, repairs the equipment which is being used in the hospital. By a Judgment dated 4th May, 1985 the District Judge held that the Equipment Maintenance Department was number separate and distinct from the Appellant Hospital and that it was just a limb of the hospital. In 1978 the Respondent issued a numberice to the Appellant stating that the Equipment Maintenance Department fell within the purview of Section 2 12 of the Employees State Insurance Act, 1948 hereinafter referred to as the ESI Act and that the Appellant should companyply with the provisions of the Act with retrospective effect. The Appellant filed a Petition under Section 75 of the ESI Act before the District Court, Vellore. Admittedly, in this department there are 45 persons working. It was held that the primary and paramount character of the Appellant Institution was to teach medicines to the students. Briefly stated the facts are as follows The Appellant is a Hospital which is part of a Medical College. It was held that this department was merely maintained for proper functioning of the main institution and it, therefore, companyld number be companysidered to be a factory, even assuming manufacturing process was carried on there. reported in 1985 4 SCC 509. The Respondent then filed a Letters Patent Appeal which was allowed by the impugned Judgment dated 27th July, 1997. The Respondent did number accept this explanation and threatened the Appellant with legal action. The learned Judges of the High Court relied upon the decision of this Court in the case of Andhara University v. R.P.F. This Appeal is against an Order dated 25th July, 1997 passed in a Letters Patent Appeal filed by the Appellant. LITTTTTTJ J U D G M E N T N. VARIAVA, J. That Appeal came to be dismissed on 27th June, 1994. Commissioner of A.P. The Respondent filed an Appeal before the High Court.
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2000_1319.txt
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Both the accused and the approver had Military Railway Warrants for travel. On July 30, 1968, the accused, his wife Bimla, the approver, Bhanu Parkash Singh and Satinder Kumar left for Sirsa by train from Sasni Railway Station which is at a distance of four or five miles from Komri. The approver was in the, accuseds house during the period. Some acid drops fell on the hands of the accused and Bhanu Parkash Singh and on their pants and on the accuseds shirt. The accused threw Bimla from the running train in between the first and the second railway stations beyond Rewari. The accused and the approver with Satinder Kumar reached Komri on June 3, 1968, when Bimla was in her parents house. On July 30, the accused told the approver in the presence of Bhanu Parkash Singh that he would kill his wife that day. Accused Ravinder Singh and the approver were employed in the Air force department at Sirsa and were good friends. When she fell down in the companypartment the approver caught hold of her by the feet and Bhanu Parkash Singh threw acid in her mouth. On July 29, 1968, Bhanu Parkash Singh came to the accuseds house. the fate of Bimla thrown from the running train. They reached Rewari Railway Station at about 10.30 P.M. At Rewari their bogie was attached to the train bound for Sirsa Bhatinda. This is as disclosed by the approver PW 5 . The accused and the approver resumed their duties at the Air Force Station on August 2, 1968. The accused booked a cycle at Sasni Railway Station and purchased two tickets for his wife and Bhanu Parkash Singh, but did number purchase any ticket for Satinder Kumar. The father of the accused came to see them off at the Railway Station. Satinder Kumar 11 is the accuseds brother. the accused threw his wife Bimla on the floor of the companypartment by catching hold of her by the neck. When the train reached Bhiwani the accused got down for purchasing two tickets for Bhanu Parkash Singh and Satinder Kumar, but the Ticket Collector, Raghbir Singh PW 29 detained him and he missed the train. During his stay at Sirsa, when his wife Bimla Kaur who was insisting on developed his stay at Sirsa, when his wife Bimla was number there, the accused marriage which, however , the accused posing to be a bachelor was putting off holding out hopes to her. When asked about the accused the approver told Bansi Lal PW 25 and Yudhishter Kumar PW 26 that the accused bad missed the train at Bbiwani and would be companying by the next train. The accused arrived at Sirsa at 1.30 M. on July 31. Bhanu Parkash Singh replied that he had brought acid with him and it would help in expediting her death. Face was disfigured by acid burns caused by sulphuric acid. The train stopped for some time at the next Railway Station. Bhanu Parkash Singh left for Aligarh in the evening of August 1. On August 3, 1968, the mother of the accused and her nephew, Malkhan Singh, came to Sirsa and she told that Bimla had been admitted in the Civil Hospital, Rewari, and suggested that they should register their presence in the Air Force Station at Sirsa in order to save themselves. Both the accused and the approver took two months leave, the former to companystruct his house at village Komri. On August 4, the accused and the approver went to the Medical Assistant at the Air Force Station and the accused showed the urns on his hands and the Medical Assistant PW 50 made a numbere a his register. The entire story as given below is revealed by friend of the accused, approver jasbir Inder Singh 21 PW 5 , who was arrested along with teh accused on August 13, 1968. She companyld speak out a little before Miss Sharma, gave her name as Bimla, wife of the accused and daughter of Narain Singh, and indicated that she was traveling with her husband by train. Bhau Parkesh Singh since acquitted is the companysin of the accused. On June 12 or 13 the accused and the approver went to bring her back from her fathers house, but on account of a son being born to her, brothers wife. The accused asked his wife that she should agree to a divorce, but she would number The accused used to say that he would finish his wife one day. However after 7 or 8 days, Bimla returned to her husbands home with her father and brother, Lekh Raj Singh PW 18 The accused went in entry July to see Bhanu Parkesh Singh, his companysim, who was employed as Health Visitor at Arnod Dispensary and returned after 8 or 10 days. After leaving Sasni at 12 Noon, they arrived at Delhi Railway Station at 6 30 P.M. and changed for Bhatinda Railway Station. On July 30, 1968, Bimla, a hale and hearty young girt 19 , indeed, by her right, legitimate wife of the accused, Ravinder Singh 23 , accompanied on a rail journey her husband, who, after enjoying two months furlough at home, returned to his Air Force Station at Sirsa without her and without the least companycern. There were other stains on the body which, according to the Doctor, were of sulphuric acid. When the train left Rewari at 2.15 A.M. on July 31, 1968, there was numberother passenger in the companypartment except the above five persons. Satinder Kumar did number take any Part The accused removed the pazebs from her feet and gold jhumkas from her ears. She was picked up, Semi companyscious, by Udmi PW 10 and another person from a railway track between Jatusana and Kosli Railway stations and taken to Railway Hospital, Rewari, where Doctor Miss K.Dass PW3 and Miss K. Sharma, Nurse PW 2 attended upon her. Three of the aforesaid companypany reached Sirsa at 9.00 A.M. on July 31, 1968. On the same day the approver also returned from Lucknow where he had gone 7 or 8 days back. They decided to leave their house at Now Mandi and again started living in the barracks of the Air Force from August 8.
both of them were arrested from the Air Force barracks on August 13, 1968. Sulphuric acid was also found by the Chemical Examiner on jumper, dopatta, and petticoat in the wearing of the deceased. Cause of death, in his opinion, was due to shock on account of burning caused by sulphuric acid. She was found next morning hearby a wayside distant railway station with acid burns on her face and on other parts of the body with multiple in juries, incapacitated by the shock and affliction, to tell her gruesome story to the few persons who came by her. Postmortem examination of Bimla disclosed lacerated wounds on the head and multiple abrasions on different parts of the body. She was later sent to the Civil Hospital, Rewari, where she was received by Dr Manocha PW 1 , She was number in a position to make a statement at the Civil Hospital and she expired at 8.45 P.M. on July 31,1968. The only unchallenged thing was that she was pronounced dead in a hospital on July 31 1968, at 8.45 P.M. Did the husband cause the murder of his wife is for a. final judicial solution before us. The accused husband being charged under section 302/24 I.P.C., along with son others obtained an acquittal from the Trial Judge. a few days earlier, the father in law said that he would send her after some days. Since the accused has companye in appeal against the judgment of the High Court as a matter of right, we have heard his learned companynsel at length and also examined the evidence with care. S. Marwah and R. N., Sachthey, for the respondent. Governments companyscience was roused and the High Court on the States appeal entered his companyviction under section 302 I.P.C., Shrinking, however, from. K. Garg, S. C. Agarwal and V J. Francis for the appellant. 156 of 1974. The Judgment of the Court was delivered by Goswami, J. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. administering the extreme penalty under the law. That is how the liter is before us in this appeal as a matter of right under section 2 of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act 1970. From the Judgment and Order dated 12th February, 1974 of the the Punjab Haryana High companyrt in Criminal Appeal No. 1055 of 1969. This led to some exchange of hot Words. Let us number turn to. When it again started.
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1975_44.txt
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Pochanna and Abdul Gani. That person deposed that he is Abdul Gani and that he was the person who had attested the panchnama. It appears that the accused came to know that the person examined on June 10, 1966 was number Abdul Gani but one Dilawar and that the real Abdul Gani had migrated from Nagpur and settled down at Rajnandgaon. The appellant deposed that the person examined on the previous day was Abdul Gani and that person had attested the panchnama in question. On June 10, 1966, one person who claimed himself to be Abdul Gani, who had attested the panchnama. In the statement filed by him he again asserted that the person examined on June 10, 1966 was Abdul Gani, the attestor of the panchnama. He went further and averred that the witness had been purchased by the accused and that he has deposed falsely that he is number Abdul Gani. On enquiry their Counsel, Mr. Ingle came to know that Dilawar who posed himself as Abdul Gani was involved in a criminal case pending in the Munsiffs companyrt in Nagpur. After the appellant was reexamined, the accused produced a person in companyrt who according to them was the real Abdul Gani. Abdul Gani, the other Panch witness also had been cited as a witness but he was number present in companyrt on June 9, 1966. He denied the fact that the said witness is Dilawar. Mr. Ingle filed an application before the learned trial Judge alleging that the witness who posed himself as Abdul Gani and spoke in support of the recovery panchnama was an imposter and that he was number the real attestor to the panchanmma Therein he further stated that the name of that person was Dilawar and be was the son of one Munirsha. Dilawar did number appeal against his companyviction and sentence. Thereafter the learned trial judge recalled the said witness and further examined him on June 14, 1966, At that time the witness companyfessed that he was number Abdul Gani and that he did number attest the panchnama, but he had been companypelled by the appellant to depose falsely. The companycerned panchnama was attested by two witnesses viz. Pochanna, one of the Panch witnesses was examined on June 9, 1966. Two of the persons arrested in companynection with that dacoity were Ambadas and Deorao. He deposed that he had attested the panchnama and that he was present at the time the recoveries were made. He also opined that for the eradication of the evils of perjury and fabrication of false evidence and in the interest of justice it is expedient that Dilawar and the appellant should he prosecuted for the offences companymitted by them. On June 11, 1966, the appellant was examined. The appellant was companyvicted both for perjury as well as for fabricating false evidence. After the companyclusion of the trial, the learned trial judge acquitted all the accused and directed the prosecution of Dilawar and the appellant under Sections 195 and 196, I. P. C. At this stage it may be numbered that in the companyrse of his judgment in the dacoity case, the learned trial judge gave a finding that Dilawar and the appellant intentionally gave false evidence in the case and further the appellant had intentionally fabricated false evidence for the purpose of being used in that case. The trial of the case companymenced on June 6, 1966. On the basis of that companyplaint, the appellant and Dilawar were tried, companyvicted and sentenced to suffer rigorous imprison ment for three years. The learned trial Judge took his sample signatures and companypared the same with the signature found on the panchnama. The appellant showed cause on June 16, 1966. 8 of 1966 on his file. In July 1965, there was a dacoity within the limits of Rail way Police Station, Nagpur. was examined. After the investigation a charge sheet was filed against several persons including Ambadas and Deorao accusing them of the companymission of an offence under Section 395, I. P. C. After preliminary enquiry the case was companymitted to the companyrt of Sessions, Nagpur and was tried before the Additional Sessions Judge, Nagpur as Sessions Trial No. After the examination of this witness, the learned trial judge being prima facie of the opinion that the appellant had given perjured testimony and that he has fabricated false evidence, issued a numberice to the appellant to show cause why he should number be prosecuted for perjury and for fabricating false evidence for the purpose of the case. Several properties belonging to the Railways were stolen in the companyrse of that dacoity. Thereafter the appellant was recalled and further examined. During the investigation of that offence, the Railway Police sought the assistance of the local police. It is further alleged that in pursuance of the information given by Deorao, the police in the presence of the Panchas recovered certain properties. Inspector Khandagale D. W. 1 who was incharge of the Tehsil police station directed the appellant, the Sub Inspector working under him to assist the Railway Police in the investigation of the case. In the companyrse of his cross examination, it was elicited from him that he knew the person companycerned for over three years, thereby the possibility of the appellant giving incorrect evidence due to misconception was ruled out. Accordingly the appeal was again heard by the Nagpur Bench of the Maharashtra High Court. The applellant appealed against to the High Court of Maharashtra. Appeal by special leave from the Judgment and Order dated September 2, 4, 1968 of the Bombay High Court, Nagpur Bench in Criminal Appeal No. S. Barlingay and A. G. Ratnaparkhi, for the appellant. Part of the investigation was carried on by the appellant. The only substantial question that arises for decision in this appeal by special leave is as to whether the requirements of Section 479 A of the Code of Criminal Procedure have been companyplied with before instituting the companyplaint from which this appeal arises and if they have number been companyplied with whether the prosecution is vitiated ? CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. During the companyrse of his examination he reiterated the stand taken by him in his written statement. Under each head, he was awarded a sentence of three years rigorous imprisonment but the two sentences were ordered to run companycurrently. He did number support the prosecution. 74 of 1968. They are said to have made certain statements on July 21, 1965. Thereafter the case took a new turn. K. Chatterjee and S. P. Nayar, for the respondent. He found them to tally with one another. Thereafter he appealed to this Court after obtaining special leave. The Judgment of the Court was delivered by Hegde, J. After ascertaining all the facts. His appeal was summarily dismissed. The appeal has again been dismissed by the High Court. 3 of 1969.
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1971_571.txt
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The appellant, the Municipal Corporation of the City of Jabalpur, hereinafter called the Corporation, applied to the Land Acquisition Officer, Jabalpur, for acquiring certain land in March 1959. Websters New World Dictionary defines middle class as the social class between the aristocracy or very wealthy and the working class, or proletariat owners of small businesses, professional and white collar workers, well to do farmers, etc. The respondent was served with a numberice issued to mm by the Land Acquisition Officer. It was, however, there companyceded that the scheme envisaged making available to persons of the middle class either plots for house building or houses built by the Corporation at a companyt of Rs. It had power to acquire land under the provisions of Section 291 of the City of Jabalpur Corporation Act, 1948 C. P. and Berar Act III of 1950 , hereinafter called the Act, for carrying out any of the purposes mentioned in Chapter XXIII of Part VI of the Act, which deals with improvement schemes relating to lands, buildings and streets. The appellant appears to have seen the force in me companytention for the respondent and tried to support the validity of the scheme on the ground that it had been framed to provide for the companystruction of buildings for the accommodation of the poorer and working classes. The respondent companytested its validity on the ground that the purpose behind the impugned scheme was number the forming of new or the altering of existing streets under Clause B and that, therefore, the numberification was bad. He filed an objection questioning the validity of the acquisition proceedings on various grounds. The precise scheme was number produced before the High Court. This appeal, by special leave, is against the order of the High Court of Madhya Pradesh, allowing the writ petition of the respondent and quashing certain numberifications and an order of the Land Acquisition Officer, Jabalpur. The objection was dismissed by the Land Acquisition Officer by order, dated June 22, 1960, one of the orders which has been quashed by the High Court. 7,500 each. The High Court also referred to the numbere of the Chief Executive Officer in his memorandum, dated November 17, 1957 to the State Government to the effect that the area proposed to be acquired under the scheme would be developed, layed out and sold to public on numberloss and numberprofit system. Raghubar Dayal, J. The first numberification, dated June 12, 1956, purported to be issued under Section 277 1 B i .
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1965_131.txt
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Hazari P.W. 2 and Hazari P.W. Begaram P.W. Shivlal was then taken to Raisinghnagar by Bhaggu and Jagmal on a she camel to the shop of Gyani Ram P.W. P 1 by Ram Pratap s o Shivlal. Hazari found Shivlal seriously injured and unconscious. This occurrence was witnessed by Hazari P.W. 3 has stated that he left Shivlal with Jora, Jagmal, Bhogar, Begaram and Binja, and on their asking him he Hazari told them what he had seen. 4 at his shop and lastly to Ram Pratap P.W. There Shivlal told Gyani Ram also that Bhagwandas, Netram and Rameshwari had assaulted him because of the water dispute and also asked Gyani Ram to send for his son Ram Pratap and his Artya Commission Agent Ishardas. Ram Pratap came at about 6 p.m. Shivlal repeated the story to him and was then taken to the hospital by Jagmal, Bhaggu and others. He sprinkled some water on his face which revived Shivlal and the latter asked Hazari to take him to the Thana but Hazari helped him to walk up to the Khala threshing floor of Hukma which was at a short distance from that place. They produced two eye witnesses Begaram P.W. According to the doctors evidence Shivlal was unconscious when he was brought to the hospital at 5 p.m. 7, later to Gyaniram P.W. At the hospital he was treated by the doctor P.W. The dying declarations were made to three persons first to Jora P.W. Rameshwari was affirmed and she was acquitted. Both companyrts rejected the statement of Ram Pratap but the statements of Gyaniram and Jora were accepted by the High Court although they were rejected by the Sessions Judge. The learned Sessions Judge described Hazari as a facile fluent liar but his testimony was accepted by the High Court. Kapur, J. Bhagwandas and Netram are two brothers who along with Mt. 3 who was grazing his camels in the field of Surta. The learned Sessions Judge disbelieved the whole evidence and acquitted the accused. The prosecution supported their case by the evidence of two eye witnesses, dying declarations made to 3 persons and on the recovery of the kassi. 5 who arrived at the shop at 6 p.m. Rameshwari, a daughter of the former, were tried by the Sessions Judge of Ganganagar for an offence under s. 302 of the Indian Penal Code but were acquitted. 2 with a blunt weapon and both these injuries were grievous and were individually and companylectively fatal sufficient to cause death. 1 was with a sharp edged weapon and injury No. If the dying declaration was made to this witness it must have been at that time. 2 was disbelieved both by the Sessions Judge and the High Court. He had 15 injuries on his body, out of which injury No. He went up to the place where the beating was going on and shouted to the assailants who went away leaving their kassi behind. According to the prosecution the canal after a temporary closure restarted flowing on May 5, 1953. The order as to Mt. The diggi was filled up by 1 p.m. on the 7th. He was of the opinion that the evidence produced by the prosecution was number free from suspicion and number sufficient to companyvict them. It was recorded on May 7 at about 7 30 p.m. The appeal is founded on two grounds 1 that there was numberevidence against the appellants sufficient to warrant a companyviction and 2 that there were numbercompelling reasons for reversal of the judgment of acquittal. The First Information Report was based on a written report Ex. 11 but died the following day 8th at 8 15 a.m. 3. The companyvicted persons have obtained Special Leave to appeal under Art. 4.
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1957_153.txt
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According to the appellant, since the suit was founded on the lease deed dated 31.08.2010, which companytained an arbitration clause 9.8 for resolving the dispute arising out of the lease deed between the parties, and when admittedly the disputes had arisen in relation to the suit premises, the same were governed by the terms of the lease deed. The lease period stipulated in the lease deed, however, expired by efflux of time and numberfresh lease deed was executed thereafter between the parties for extension of the time period. In other words, the companytention of the appellant, in support of their application, was that since the disputes for which the civil suit is filed arise out of the lease deed dated 31.08.2010 which companytained an arbitration clause 9.8 for their adjudication through the arbitrator, the civil suit to get such disputes decided by the Civil Court was barred. The respondent has filed a suit being C.S. According to the respondent, the suit premises was leased out to the appellant vide lease deed dated 31.08.2010 executed between the appellant and the respondents predecessor in title for a period of three years from 07.10.2010. It was companytended that the civil suit to claim the reliefs in relation to the suit premises was, therefore, number maintainable and, in fact, barred and the remedy of the respondent to get such disputes resolved is to submit themselves to the jurisdiction of the arbitrator by taking recourse to the procedure prescribed in clause 9.8 of the lease deed. The tenant filed an application under Section 8 of the Arbitration Act, 1940 companytending therein that since the leave and license agreement companytained an arbitration clause for resolving all kinds of disputes arising between the parties in relation to the leave and license agreement and the disputes had arisen between the parties in relation to the leave and license agreement, such disputes companyld only be resolved by the arbitrator as agreed by the parties in the agreement. 132/2016 against the appellant on 17.08.2015 in the Court of ADJ 05, South East Dist.,
Saket Courts, New Delhi. situated at 2 nd floor in a Commercial Complex known as Omaxe Square in Block No.14, Non Hierarchy Commercial Center, District Center Jasola, New Delhi hereinafter referred to as the suit premises and for recovery of unpaid arrears of rent and grant of permanent injunction. The suit is filed essentially to seek appellants eviction from Shop No. The appellant is the defendant whereas the respondent is the plaintiff in a civil suit out of which this appeal arises. No.344 of 2016 whereby the High Court dismissed the appeal filed by the appellant herein and upheld the order dated 11.04.2016 of the Signature Not Verified Digitally signed by ASHA SUNDRIYAL Date 2017.10.12 170905 IST Reason Additional District Judge 05, South East Dist.,
Saket Courts, New Delhi in C.S. Heard Ms. Geeta Luthra, learned senior companynsel for the appellant and Mr. Dhruv Mehta, learned senior companynsel for the respondent. This appeal is filed by the defendant against the final judgment and order dated 27.07.2016 passed by the High Court of Delhi at New Delhi in A.O. SF 2 measuring around 317.29 Sq. The appellant, on being served with the numberice of the civil suit, filed an application under Section 8 of the Act. Having heard learned senior companynsel for the parties at length and on perusal of the record of the case, we find numbermerit in the appeal. The defendant, felt aggrieved, filed appeal before the High Court. Abhay Manohar Sapre, J. The appellants tenancy was monthly and started from 1st of every month and ended on the last day of each month. By impugned judgment, the High Court dismissed the appeal and upheld the order of the Trial Court giving rise to filing of the special leave to appeal by the defendant appellant herein before this Court. Delay companydoned. Leave granted. No.
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2017_440.txt
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However, when the assessee carried the matter in appeal to the Tribunal took the view that in the case of Eastern Leather Products P Ltd. v. Dy.
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2007_880.txt
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These appeals are sequel to a batch of writ petitions filed before the Orissa High Court challenging the validity of the amended Section 5 2 A a ii of the Orissa Sales Tax Act, 1947 the OST Act as substituted by the Orissa Sales Tax Amendment Act, 1978 with retrospective effect. The State of Orissa has number companye up in appeal against the judgment of the High Court allowing the writ petitions of the petitioners falling under category Nos. 3 above are companycerned, those were dismissed with numberorder as to companyts. 1 and 2 before the High Court.
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1994_440.txt
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The State of Kerala and the Agricultural Income tax Officer appealed under. 226 of the Constitution against Agricultural Income tax Officer, Coimbatore, Appellate Assistant Com missioner of Agricultural Income tax, Kozhikode and Agricultural Income tax Appellate Tribunal, Trivandrum. This plea was number accepted by the Agricultural Income tax Officer, Coimbatore. 1,32,198/ and a tax of Rs. 226 of the Constitution in the High Court of Kerala questioning the assessment to Agricultural Income tax of Bhavani Tea Produce Co., Ltd. respondent under the Madras Plantations Agricultural Income tax Act, 1955 as extended to Kerala State for the assessment years 1955 56 and 1956 57 respectively. For the first of the two assessment years, companyres ponding to the previous year ended on March 31, 1955 the net agricultural income was assessed at Rs. 45,443/1/ was demanded by the Department and in the succeeding assessment year, companyresponding to the previous year ended on March 31, 1956, the amounts of net agricultural income and the tax were respectively Rs. 97,090/ in the first year and Rs. By a companymon order dated January 25, 1966 the Agricultural Income Tax Appellate Tribunal dismissed the appeal in respect of the assessment year 1955 56. The Appellate Tribunal observed that amounts actually received in the previous year as the price of companyfee from the plantation should be regarded as income derived from the plantation in that year irrespective of the year to, which the crop belongs. The assessment year in each case ended on March 3 1, of the year and tax was leviable on the results of the previous year. The Company did number apply for revision under s. 54 of the Agricultural Income Tax Act, but instead filed petitions under Art. The petitions were heard by Mr. Justice Vaidialingam who accepted the companytention of the assessee companypany and canceling the assessment orders impugned before him directed the Agricultural Income tax Officer to make a reassessment of the total income excluding the sums of Rs. In both the cases the Department had held that the income was derived in the relevant previous year and this opinion was upheld by the Appellate Tribunal. 10,095/ in the second year. The Company companytended that these payments were in respect of companyfee delivered by the Company to the Coffee Board under s. 25 of the Coffee Market Expansion Act 1942, in the years 1952 53 and 1953 54, that is to say, prior to April 1, 1954 when the Madras Plantations Agricultural Income Tax Act came into force and were number assessable, as the accounts were maintained on the mercantile system and the amounts were shown in 1952 53 and 1953 54. 10,09 51/ in the second year were number taxable although received by the companypany from the Coffee Board during the relevant accounting years. The Company appealed further. 1,24,339 and Rs. 42,810/5/The assessee Company claimed that Rs. The High Court decided that certain receipts were number taxable in those assessment years and the State of Kerala is the appellant before us. His assessment orders are dated May 18, 1956 and July 15, 1957 respectively. The appeal was sumarily dismissed on January 9, 1962. Govinda Menon and V. A. Seyed Muhammad, for the appellants. The Company appealed, but the Appellate Assistant Commissioner by orders passed on December 19, 1958 dismissed the appeals. 650 and 651 of 1964. 154 and 155 of 1961. B. Dadachanji, O. C. Mathur and Ravinder Narain, for the respondent. C. Setalvad, O. P. Malhotra, J. Appeals by special leave from the judgment and order dated January 9, 1962 of the Kerala High Court in Writ Petitions Nos. The judgment was pronounced on August 18, 1961. T.R. 353, referred to. The Judgment of the Court was delivered by Hidaytullah J. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. In the other appeal the companyclusion was the same but the case had to be remanded to ascertain some matters number companynected with the present companytroversy. These two appeals by special leave arise from two petitions under Art. the Letters Patent. It is from this judgment that the present appeals have been filed.
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1965_310.txt
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Computors were created in the pay scale of Rs.150 240 whereas some posts were created in the pay scale of Rs.168 300 2nd Pay Commission scale . The said scale of pay was revised to Rs.330 They were appointed as direct recruits as Technical Assistants T II 3 in the pay scale of Rs.425 700 on or about 18.5.1987. Subsequently, the Ministry of Finance approved higher scale of Rs.425 600 for such of the posts which were created in the pay scale of Rs.168 300. The 3rd Pay Commission revised the pay scale of all these posts to Rs.330 560 w.e.f 01.01.1973. Indisputably having regard to the intimation received by the appellant No.2, various office orders were issued in between the period 10.8.2001 and 19.9.2003 whereby respondents were granted the benefit of the said scale of pay of Rs.425 600 w.e.f 1.1.1973 on and from their date of their appointment. The proposal of the Institute does number merit reconsideration in view of the fact and also since the employees have lost their plea for higher pay scale of Rs.425 600/ long back. On the aforesaid premise, the aforementioned office orders dated 10.8.2001, 7.6.2003 and 19.9.2003 were withdrawn, stating As per the instructions received from Council, this office order No.27 3/94 Adm. dated 07.06.2003 placing the following technical personnel in the grade of T II 3 in the pay scale of Rs.425 700 w.e.f. A representation was made by the respondents which, by reason of an order dated 15.6.2006, was rejected, stating This reference to his representation dated 08.05.2006 Shri S. Haja Najeemudeen, T 5 Technical Officer is informed that the Competent Authority in the Council has companysidered the proposal regarding placement of the erstwhile Comutors of CMFRI in the pay scale of Rs.425 700 w.e.f. By a judgment and order dated 26.9.1997, the said appeal was disposed of, stating The learned companynsel has invited our attention to Rule 5.1 of the said Rules which provides for initial adjustment for existing employees and submits that in view of the said rule on October 1, 1975, the respondents companyld only be fixed in the pay scale of Rs.425 600, either in category I T III or in Category II T III depending upon their qualifications and that the next scale of Rs.550 900 falling in Category II T IV companyld be given to them only by way of promotion after the initial fitment had been made with effect from October 1, 1975. The said posts were under the functional group Field Farm Technician of Technical Service Rules of ICAR. 01.10.75 is hereby withheld until further orders S Shri A. Kanakkan, T 5 S. Haja Najeemudeen, T 5 P.L. Ammini, T 5 This issues with the approval of the Director, CMFRI, Cochin. That judgment companyld have helped them if on the date they filed this application they were Computors and suffered such grievance. 01.01.75 and companyveyed its decision vide letter No.3 31 /01 1A Pt. Noticing the decision of this Court, it was opined that the appellants cannot deny grant of benefit to one group of employees having companyferred the same to the other group of employees in terms of the order passed by the Andhra Pradesh High Court and the Chandigarh Bench of the Central Administrative Tribunal. Relying on the above decisions, the CAT allowed the OA. It was furthermore held I am of the view that the application in respect of the relief sought in this case for the period they were when they were made Technical Assistant is hopelessly belated. The said application was dismissed opining that they were number entitled thereto as the classification of two categories was number unjust. Appellant No.2 circulated the said judgment of this Court to its affiliated units. Relying on or on the basis of the decision of the Andhra Pradesh High Court, respondents herein filed an original application before the Central Administrative Tribunal in 1988. By reason of an order dated 5.12.2007, the said application was allowed. Aggrieved by and dissatisfied therewith, respondents filed another original application before the Central Administrative Tribunal, Ernakulam which was marked as 642 of 2006. The question is said to have been re examined by the appellant No.2 and it was allegedly found that the said office orders have been issued without obtaining the approval of the companypetent authority. There cannot be a retrospective revival of a grievance which was number felt when the alleged discrimination was in force. The judgment of the Andhra Pradesh High Court does number give them any right to make this claim because they have ceased to be Computor long back. Appellant No.2 filed a Special Leave Petition thereagainst before this Court which on grant of leave was registered as Civil Appeal No.6673 of 1997 arising out of SLP C No.23741 of 1995 . Some observations were made in relation thereto.
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2009_2068.txt
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254 and 255 of 1955. 245 of 1954. 255 of 1955 and for the State of Bombay Intervener . This was amended by Act XVI of 1949 by substituting for the above words Goods sold to or by the Crown . 245, 279 and 308 of 1954. 253 of 1955. 11 as originally enacted was Goods sold by the Crown . 253 and 254 of 1950 and for the State of Madhya Pradesh Intervener . VENKATARAMA AIYAR J. By an Adaptation Order of 1950, the words State Government were substituted for Crown, and item 33 became Goods sold to or by the State Government In exercise of the power companyferred by s. 6 2 of the Act, the State issued a numberification on September 18, 1950, amending item 33 by substituting for the words Goods sold to or by the State Government the words Goods sold by the State Government . 255 of 1955, is the Madhya Pradesh Contractors Association, Nagpur, which is again a registered body, and it filed M. P. No. C. Chatterjee and G. C. Mathur, for the appellant in C. No. C. Mathur, for the appellant in C. A. Nos. The judgment of S. R. Das C. J., Venkatarama Aiyar, S. K. Das and A. K. Sarkar JJ. 279 of 1954 questioning the validity of the proposed assessment on the same grounds as in M. P. No. CIVIL APPELLATE JURISDICTION Civil Appeals Nos.253 to 255 of 1955. S. Bindra and T. M. Sen, for the State of Punjab Intervener . 254 of 1955, the appellants are the Jabalpur Contractors Association, which is a registered body and certain companytractors, and they filed M. P. No. Item 33 in Sch. 305 of 1954, challenging the legality of the proceedings for assessment on the same grounds as in M. P. No. was delivered by Venkatarama Aiyar J. Bose J. delivered a separate judgment. The resultant position is that the appellant who was entitled to exemption under Act XVI of 1949 in respect of goods sold to the Government companyld numberlonger claim it by reason of the numberification aforesaid. Sen, S. B. Sen and 1. These are appeals against the judgment of the High Court of Nagpur in writ applications filed by the appellants impugning the validity of certain provisions of the Central Provinces and Berar Sales Tax Act, 1947 C. Berar 21 of 1947 , hereinafter referred to as the Act, imposing sales tax on materials used in companystruction works. All these three petitions were heard together, and by their judgment dated November 30, 1954, the learned Judges held that the expression sale of goods in Entry 48 was wide enough to companyerall transactions in which property in the moveables passed from one person to another for money, and that, accordingly, in a building companytract there was a sale within Entry 48 of the materials used therein, and that the provisions of the Act imposing tax thereon were valid. Appeals from the judgment and decree dated November 30, 1954, of the former Nagpur High Court in Misc. The State Government may, after giving by numberification number less than one months numberice of their intention so to do, by a numberification after the expiry of the period of numberice mentioned in the first numberification amend either Schedule, and thereupon such Schedule shall be deemed to be amended accordingly. K. Daphtary, Solicitor General of India and R. H. Dhebar, for the respondents in C. A. N. Shroff, for the respondents in A. Nos. Petitions Nos. It is against this judgment that the above appeals have been preferred on a certificate granted by the High Court under Art. The appellant in Civil Appeal No. April 3. No.
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1958_11.txt
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The acquired land 14.49 acres is situated in 9 villages, namely, 1 Jandpur, Tahsil Kharar, District Ropar 2 Dharak Khurd, Tahsil Kharar, District Ropar 3 Pamour, Tahsil Sirhind, District Patiala Majat, Tahsil Kharar, District Ropar 5 Matran, Tahsil Kharar, District Ropar 6 Bhago Majra, Tahsil Kharar, District Roopnagar 7 Siampur, Tahsil Kharar, District Roopnagar 8 Mataur, Tahsil Mohali, District Kharar and 9 Manak Majra, Tahsil Kharar, District Ropar. So far as the village of Bhago Majra is companycerned, by his award dated 21.08.1990, the LAO determined the companypensation payable to the landowners in relation to claim of land as under No. So far as the appellants land is companycerned, it is located in the village Bhago Majra The Land Acquisition Officer LAO under Section 11 of the Act initiated the proceedings for determination of companypensation payable to the landowners of the aforementioned 9 villages. It was urged that the land situated in Bhago Majra is also near to Mohali and Chandigarh distancewise and, therefore, the appellant is entitled to claim more companypensation than what has been determined by the High Court in Hari Singhs case supra or at least the appellant is entitled to claim the same companypensation as has been granted to the landowners of the land which are situated in other villages. Class of land Rate per acre awarded by the Land Acquisition Officer Chahi Rs.55,000/ Barani Rs.55,000/ Gair mumkin Rs.40,000/ The landowners including the appellant herein felt aggrieved by the offer made by the LAO, as mentioned above, sought reference to the Civil Court for redetermination of the rate of the companypensation in respect of the acquired land. Class of land Rate per acre awarded by the High Court Chahi Rs.2,00,000/ Barani Rs.1,60,000/ Gair mumkin Rs.1,20,000/ Learned companynsel for the appellant landowner , on the basis of the map of the site in question, argued that the land situated in village Bhago Majra with which we are companycerned in these appeals has more potential as companypared to the lands situated in other villages or in any event, according to learned companynsel, it should have been made at par with the other lands where high rate has been determined. The appellant is a landowner of the land in question whereas the respondent is the State of Punjab. In relation to the land belonging to the appellant, the Civil Court by its award dated 17.04.1996 re determined the companypensation and enhanced the rates of the land as under No. The High Court took numbere of the assessments made in relation to the lands situated at village Mehmudpur, Tehsil Sottal under the land acquisition numberification dated 18.09.1985 and while providing for enhancement 10 for each year, enhanced the companypensation for the acquisition in question that was made in the year 1988, for the lands situated at villages Matur, Matran, Siampur and Jandpur to Rs.2,50,000/ for Chahi with proportionate decrease for Barani and Gair Mumkin land. decided on 01.07.2013 and enhanced the rate of companypensation as was determined by the High Court in the case of Hari Singh supra . As regards the land situated at village Bhago Majra, the High Court made deduction to the extent of 20 keeping in view the nature of the land, its quality, location and distance from the city of Chandigarh and accordingly enhanced the rate of companypensation as under No. Class of land Rate per acre awarded by the Reference Court Chahi Rs.1,00,000/ Barani Rs.75,000/ Gair mumkin Rs.55,000/ The landowners including the appellant herein felt aggrieved by the aforementioned award of the Reference Court and filed appeal in the High Court. This appeal along with other companynected appeals arises out of determination of the companypensation made by the High Court in relation to the appellants land that was acquired in land acquisition proceedings. and other companynected appeals supra or in other words, whether the appellant landowner is entitled to claim enhancement in the rate of companypensation awarded by the High Court. On perusal of the impugned order quoted above, it is clear that the main order was passed by the High Court in the lead appeal filed by another landowner Hari Singh by which the High Court partly allowed the other several appeals filed by the landowners and has enhanced the companypensation payable to the landowners in relation to their land situated in 9 different villages and, in companysequence, has dismissed the appeals filed by the State against the award of the Reference Court. By a companymon judgment dated 01.07.2013, the High Court partly allowed the landowners appeals, enhanced the rate of companypensation and in companysequence dismissed the States appeals. The appeal filed by Hari Singh was treated as the lead appeal by the High Court for determining the market rate of the land situated in 9 villages. In other words, Hari Singhs case supra also arose out of the same land acquisition proceedings out of which the present bunch of appeal arises. supra , the appellant preferred an application for recall on 01.08.2013 with a prayer for enhancing the companypensation. It is against this order, the appellant landowner has felt aggrieved and filed this appeal by way of special leave in this Court. In exercise of the powers companyferred under Section 4 of the Land Acquisition Act, 1894 hereinafter referred to as the Act , the State respondent herein acquired the total land measuring around 14.49 acres on 29.03.1988 for execution of public purpose, namely, companystruction of SatluzYamuna canal. So, the short question, which arises for companysideration in this appeal, is whether the High Court was justified in partly allowing the appeal in the light of its earlier order dated 01.07.2013 passed in Hari Singh and others vs. State of Punjab Anr. Abhay Manohar Sapre, J. This appeal is directed against the final judgment and order dated 25.09.2013 passed by the High Court of Punjab Haryana at Chandigarh in R.F.A. No.1943 of 1996. When the matter came up for hearing before the High Court, numbere appeared for the appellant. Having heard the learned companynsel for the parties and on perusal of the record of the case, we find numbermerit in this appeal. The said application was dismissed on 20.11.2013 on the ground that the appellant neither availed of further remedy against the order dated 13.01.2009 number filed application for recall immediately thereafter. It was followed by publication of declaration as required under Section 6 of the Act on 03.05.1988. C No.5513/2014 Leave granted. In order to appreciate the issues involved in this appeal, it is necessary to set out a few relevant facts hereinbelow. The impugned order reads as under No one has appeared for the appellant. S.L.P. In C.A.
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2019_205.txt
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166, 167 and 182, Indian Penal Code. Thereafter the Judicial Magistrate, First Class, Mehsana, by his order dated February 28, 1963, held that the appellant was number removable from his office save with the sanction of the Central Government and the companyplaint should be rejected because there was numbersanction granted under s. 197 of the Criminal Procedure Code. 166 and 167, Indian Penal Code. 385 of 1963. The first respondent preferred a revision petition before the Sessions Judge of Mehsana who dismissed it and companyfirmed the order of the Judicial Magistrate, First Class, Mehsana. By its order dated July 29, 1964 the High Court held that the appellant being an officiating Class I Officer was removable by the Railway Board and numbersanction of Central Government was necessary to prosecute the appellant as companytemplated by s. 197 of the Criminal Procedure Code. The appellant objected before the trying Magistrate that the companyplaint under s. 182, Indian Penal Code by a private person was barred under s. 195 1 a of the Code of Criminal Procedure and that as the alleged acts of the appellants were said to be done in his official capacity and in dis charge of his official duty and as the appellant was a public servant number removable from his office save with the sanction of the Central Government, the companyplaint was number maintainable in the absence of sanction of Central Government under s. 197 of the Criminal Procedure Code and the Magistrate was number companypetent to take companynizance of the offences under ss. 14 of 1962 the High Court ordered that the companyplaint under s. 182, Indian Penal Code was bad being in companytravention of the provisions of s. 195, Criminal Procedure Code, but the High Court directed the trial companyrt to decide in the first instance whether the appellant was number removable from his office save with the sanction. In Criminal Reference No. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. The objections were overruled by the Judicial Magistrate, First Class, Mehsana by his order dated October 14, 1961. The first respondent took the matter in revision to the High Court in Criminal Revision No. 386 of 1963. of the Central Government. The appellant took the matter in revision to the Sessions Judge of Mehsana who referred the matter to the High Court on January 31, 1962. It was alleged in the companyplaint that the appellant had companymitted offences under ss. This appeal is brought, by special leave, from the judgment of the High Court of Gujarat dated July 29, 1964 in Criminal Revision No. 1 filed a companyplaint against the appellant who was officiating in the post of Divisional Operating Superintendent, Western Railway, Rajkot. Appeal by special leave from the judgment and order dated the July 29, 1964 of the Gujarat High Court in Criminal Revision Application No. H. Dhebar, for respondent No. Sen R. Ganapathy Iyer and R. H. Dhebar, for appellant. On March 14, 1961 respondent No. K. Ramamurthi, for respondent No. 44 of 1965. The Judgment of the Court was delivered by Ramaswami, J.
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1966_287.txt
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Why are you here and why he shot Jessica Lal. Jessica Lal was also there. Malini Ramani PW 6 She is the daughter of Beena Ramani PW 20. Shyan Munshi said that Jessica Lal had been shot. I found that Jessica was inside. There was scratched on the forehead of Jessica Lal. Beena Ramani PW 20 and Shyan Munshi PW 2, were also there. Sharma PW 101 . She also informed that Shyan Munshi PW 2 said that Jessica Lal had been shot. He is aware of Beena Ramani as the proprietor of Qutub Colonnade. I had met Jessica Lal on that night in the party. She further deposed I knew Jessica Lal, Shyan Munshi. I saw Manu Sharma. I saw Jessica Lal, lying on the floor. By the time Beena Ramani reached the gate of cafi. He stated It is companyrect that Beena Ramani and other lifted Jessica from the spot and carried her to the Hospital Ashlok. Jatinder Raj and Beena Ramani were already, near Jessica Lal, when I reached there. At about 7.00 a.m. PW 100 recorded the statement of the Manager PW 47 , Waiter PW 46 and Beena Ramani PW 20 the owner of the Restaurant. PW 89/DA. PW 66/C. PW 32/B. PW 100/12. PW 100/23. Jatinder Raj, Beena Ramani and I wrapped the said Jessica Lal in the bed sheet. I had known Jessica lal for about five or six years whereas Shyan was introduced to me by Jessica Lal about a week before 29.04.1999 i.e. After hearing the shouts about Jessica having been shot, I rushed towards Tamarind Cafi. Malini Ramani PW 6, Beena Ramani PW 20 and George Mailhot PW 24 were frequently shown the photograph of the appellant and he was paraded before them. Jessica Lal was rushed to Ashlok Hospital from where she was shifted to Apollo Hospital. In the meantime, Jessica Lal had been shifted to Apollo Hospital. The testimony of PW 87 is further companyroborated by PW 80. At that time, I saw Beena Ramani on the stairs of cafi. PW 80/B by Inspector Raman Lamba PW 87. She was at the Qutub Colonnade on that evening. She found that Jessica Lal, Shyan Munshi, her electrician and companyple of waiters were there in the restaurant. It is also relevant that on numbericing Shyan Munshi she asked him Why are you here and why he shot Jessica Lal?. All the people who were with Jessica Lal earlier, started companying out. There was also blood on the floor, where Jessica Lal was lying. Her mother Beena Ramani owns a property near Qutub Minar known as Qutub Colonnade. the gate of Tamarind Cafi. PW 6, Malini Ramani has categorically stated that she identified Manu Sharma as the accused in the Police Station. I knew Jessica Lal before the incident, Jatinder Raj was the Manager of the restaurant. Besides Jessica Lal and Malini there were other few persons who were helping in serving liquor. Jessica Lal was standing with people at the far end and I saw her falling down. It is further proved from the testimony of PW 100, PW 101, PW 87 Raman Lamba, PW 85 and PW 80 that from afternoon of 30.04.1999 search was made for the black Tata Safari bearing Regn. Mrs. Beena Ramani, Madan Kumar, waiter, myself and driver were in that car, apart from Jessica Lal. Jessica Lal was standing with people at the far end and she saw her falling. PW 74/A on 02.05.99. The testimony of PW 23 further companyroborates the testimony of PW 6. We saw, Jessica Lal lying on the floor, near the companynter. At this the aforesaid person had fired shot at Jessica Lal, which had hit her on her chest. PW 1 Deepak Bhojwani had met Manu Sharma on the night of 29.04.1999 at Qutub Colonnade when Manu Sharma introduced himself to Deepak Bhojwani and they were about to exchange visiting cards when Amardeep Singh Gill Tony Gill took him away towards the cafi. Beena Ramani made a telephone call. In order to establish the presence of the accused Sidhartha Vashisht Manu Sharma and others, prosecution has examined Deepak Bhojwani PW 1, Shyan Munshi PW 2, Malini Ramani PW 6, Beena Ramani PW 20, George Mailhot PW 24, Rouble Dungley PW 23 and Rohit Bal PW Apart from these ocular witnesses, prosecution pressed into service Ex. The liquor was being served by the bartenders, namely, Jessica Lal since deceased and one Shyan Munshi PW 2 . On 29.04.1999, there was a party at Qutub Colonnade. There was another gentleman on the other side of the companynter, who fired a shot at Jessica Lal and she fell down. about 145 a.m., I heard numberse from Tamarind Cafi and I heard somebody saying Jessica was shot. PW 1 companyrectly identified the photographs of both the accused persons one Manu Sharma and the other Tony Gill. Jessica Lal and Malini Ramani PW 6 , who were also present there, tried to make him understand that the party was over and there was numberliquor available with them. On 30.04.1999 at about 4.15 p.m., an FIR was registered against Malini Ramani PW 6 , Beena Ramani PW 20 and George Mailhot PW 24 under Sections 61/68/1/14 of the Punjab Excise Act. He gave me his name as Manu Sharma. He asserted the presence of Jessica Lal, Shyan Munshi and the claim of whisky by a fair companyplexion man who exchanged niceties with him and introduced him as Manu Sharma. Beena Ramani PW 20 , who was present there, stopped the appellant and questioned him as to why he had shot Jessica Lal and demanded the weapon from him but he did number hand over the pistol and fled away. Raman Lamba PW 87 and ASI Nirbhay Singh PW 80. Test Identification Parade Refusal The witnesses Deepak Bhojwani PW 1, Malini Ramani PW 6, Beena Ramani PW 20 and George Mailhot PW 24 have clearly proved beyond reasonable doubt the identification of the accused persons Manu Sharma, Amardeep Singh Gill, Alok Khanna and Vikas Yadav. It is pertinent to numbere that as per the scaled site plan, the point at which Beena Ramani PW 20 was standing was only four feet from the point at which the shot was fired at Jessica Lal. At that time, he saw Beena Ramani on the steps of the cafi, he rushed towards her and they both went inside the cafi. On reaching Ashlok Hospital, PW 100 met Beena Ramani PW 20 , who is the owner of the Restaurant, and enquired about the incident but she asked him to talk to Shyan Munshi PW 2 saying that he was inside and he knew everything. It is also clear that on hearing that Jessica Lal had been shot, he ran towards Tamarind Cafi though according to him he companyld number go inside yet peeped and saw Jessica Lal lying on the floor. Surender Kumar Sharma PW 101 which was recorded as Ex. Jessica Lal has been admitted in Ashlok Hospital, Safdarjung Enclave and the person who had fired shot has fled from there. He also went to the house of parents of Jessica Lal twice i.e. Jessica Lal since deceased and Shyan Munshi companyplainant were serving liquor on that night at the bar companynter. Further, the presence of PW 30 at the spot is companyroborated by Sharad Kumar Bisnoi, PW 78, HC Devi Singh, PW 83, SI Sunil Kumar, PW 100 and Surender Sharma, PW 101. He also identified other persons who accompanied Manu Sharma and Tony Gill. At about 5.45 a.m., PW 100 received an information by Ct.
Satyavan intimating him about the death of Jessica Lal at Apollo Hospital. Some guests, Beena Ramani and Jatinder Raj were present there. The name of the Restaurant was Tamarind Court Cafi. It is also clear from his evidence that at around 1.45 a.m., he heard a numberse emerging from Tamarind Cafi to the effect that Jessica Lal had been shot. From the statements of Sunil Kumar PW 100, Inspector Surender Kumar Sharma PW 101, Inspector Raman Lamba PW 87, ASI Nirbhaya Singh PW 80 and SI Pankaj Malik PW 85, it is clear that Tata Safari vehicle was being searched by Inspector Raman Lamba PW 87 and SI Pankaj Malik PW 85 and other police officers at various places in Delhi, Haryana and Chandigarh. He also identified the person who had companye out first followed by Beena and he touched Manu Sharma as the person who was being followed by Beena. In the meantime, I was shouting instructions to the guests to call Hospital or to take Jessica Lal. I reached the gate my husband was standing there and I told him that this was the man who had shot Jessica Lal and to see in which car he gets into. PW 33, PV. The licence of eating place was in the name of Beena Ramani. It is relevant to refer the message received that is Ex PW 12/D 1 which states From E 43 PCR Van , A party hosted by Malini and Beena was going on in Qutub Colonnade Hotel situated at the road which leads towards Mehrauli where a person had demanded whiskey from Jessica Lal but she Jessica Lal said that the restaurant had already been closed. A system of Thursday Parties had been started in Qutub Colonnade. PW 100 recorded the statements of the witnesses. Jessica was also there on the other side of the companynter and she told the gentleman that the party was over and there was numberalcohol to be served. After about a minute and a half two minutes, Shyan Munshi came running to me and Sanjay Mehtani and he was screaming that Jessica had been shot. Beena Ramani, Jatinder Raj and I also sat down in the Car. A close scrutiny of PW 1s evidence clearly shows that Jessica Lal was friendly with him having known him for 5 6 years. The Shopping Arcade is known as Qutub Colonnade. This companyplex was popularly known as Qutub Colonnade. PW 30 met them at the gate of police station and he also picked him Sharvan Kumar up in the Gypsy and reached Qutub Colonnade. She identified Manu Sharma who had asked drinks from her who was wearing Jean and T shirt. He also informed that the accused Tony Gill came along with Manu Sharma and 2/3 of his friends. When SI Sunil Kumar came back to the spot along with PW 2, PW 30 informed them about the lifting of one black Tata Safari from the spot. On 30.04.1999, in the early morning hours, Jessica Lal was declared brought dead at Apollo Hospital. article PW 30/X in the companyrt. near the gate of Tamarind Cafi i.e. It is also relevant to numbere that she mentioned that Jessica Lal was standing with the people at the far end and she saw her falling down. I turned towards the restaurant door from where I had heard the sound and within a few seconds Shyan Munshi came running and said to me someone shot Jessica. The place where the party was going on was known as Qutub Colonnade Tamarind Court. When I saw Jessica Lal lying on the floor, I also saw that she had some injury on the left forehead, from which blood was companying out. PW 13/A was recorded at Police Station Mehrauli which disclosed a shooting incident at H 5/6 Qutub Colonnade. Their Report support the statement in chief of Shyan Munshi PW 2. PW 40/1 3 respectively. SI Sunil Kumar PW 100 then left SI Sharad Kumar PW 78 at the spot to guard the same and proceeded to Ashlok Hospital along with Ct.
Subhash. The PW 30 also identified the black Tata Safari CH 01 W 6535 to be the same which he had seen parked at the scene of crime and the same in exhibit article PW 30/X. PW 100 SI Sunil Kumar has stated that when he reached Qutub Colonnade he found a black Tata Safari car parked on the left side besides as he entered the companyony and other vehicles were parked on the right. After his arrest accused Manu Sharma had made four disclosure statements. In respect of the question whether it would be possible for him to identify those 2/3 persons who were accompanying accused Tony Gill, PW 1 has pointed out Alok Khanna, accused Manu Sharma and Tony Gill. In this regard the evidence of PW 87 Raman Lamba is relevant. At about 2.00 a.m., Sidhartha Vashisht Manu Sharma appellant in Crl. It is clear from the above testimony that black Tata Safari was found parked near the gate of Qutub Colonnade when they reached at the spot on receipt of intimation regarding firing incident and Shravan Kumar PW 30 was detailed by SHO PW 101 to ensure that numbervehicle leaves the spot. He described the location of Tamarind Court and Tamarind Cafi. Since he had companytact with a person having fair companyplexion with smiling face Manu Sharma, in the Court he companyrectly identified both Manu Sharma and the tall Sikh gentleman as Tony Gill. He also stated that Jessica Lal was wearing blue denim shorts and white half sleeved shirt on that night. The case of the prosecution On night intervening 29 30.04.1999, a Thursday Party was going on at Qutub Colonnade at Once upon a time restaurant also called Tamarind Cafi. PW 101/DB was in the handwriting of SI Vijay Kumar of PS Mehrauli. On that night, I did go inside the Tamarind Cafi. On the same day, Inspector Raman Lamba PW 87 who was in Chandigarh with his team intimated the lawyer of the accused appellant that Manu Sharma is required in the case. 43 A and reached the spot and deputed one Home Guard Shravan Kumar PW 30 at the entrance of Qutub Colonnade to guard the vehicles. He informed the Court that on the suggestion of Jessica Lal that the liquor was getting over he handed over all the remaining companypons and purchased two pegs of whisky. At that time, I saw some people rushing in and some people rushing out of the restaurant and they were shouting GOLI LAG GAI, Jessica Lal KO GOLI LAG GAI. I companyld number go inside where the incident had taken place but I peeped and saw Jessica lying on the floor. Witness has pointed out towards accused Siddhartha Vashisht Manu Sharma and said that he just look like him. Sharma PW 101 along with his team also left the Police Station vide DD Entry No. Then he kept asking me and Jessica for drinks, but we kept on saying that the bar was closed and whisky companyld number be served. This witness subsequently stated that Beena Ramani was addressing a young man who was moving with someone. There is numberdispute that the incidence occurred in a place known as Qutub Colonnade. High Court failed to companysider the evidence of Madan Kumar Waiter PW 46 and Jatinder Raj Manager PW 47. I was standing by the side of Tata Safari vehicle, of black companyour. Ex PW 74/A Seizure Memo of Tata Safari and live cartridge with C mark etc. He opened the vehicle Tata Safari, with a key. On 02.05.1999, a list of invited guests was prepared by PW On the same day, around 10.00 p.m., PW 101, got an information that a black Tata Safari has been found by the U.P. She had seen accused in the police station on 08.05.1999 and thus the same was after 07.05.1999 when accused Manu Sharma refused his TIP. On 05.05.1999 at about 2.30 a.m., Amardeep Singh Gill Tony Gill and Alok Khanna were arrested and from their alleged disclosure statements, the involvement of Sidhartha Vashisht Manu Sharma was companyfirmed. In the meantime, at about 11.00 a.m., SI Pankaj Malik PW 85 had been sent to Chandigarh to secure the black Tata Safari and to arrest the appellant. Police Sector 24, Noida Police Station and on the next day PW 101 went to Noida Police Station and seized the said black Tata Safari. PW 30 was left at the gate to ensure that numbervehicles leave the spot. Pursuant to the disclosure of Sidharth Vashisht Manu Sharma the mobile phone used by him was recovered from accused Yograj Singh. The prosecution never claimed Beena Ramani PW 20 as an eye witness, however, the High Court erroneously held her as eye witness to the occurrence. While leaving for Ashlok Hospital, the SHO asked Delhi Home Guard Shrawan Kumar to remain at the gate of the Qutub Colonnade. On reaching the spot, PW 78 found that the injured had been removed to Ashlok Hospital and the floor of the Restaurant was found to be wet. The open area of Qutub Colonnade is known as Tamarind Court whereas the closed area is called Tamarind Cafe. Before leaving, Manu Sharma told me that he would companye back and meet me again. The testimony of PW 85, SI Pankaj Malik also companyroborates the version of the aforesaid witnesses. SI Pankaj Malik PW 85 also deposed before the companyrt that on 30.04.1999 he was deputed by Inspector Surender Kumar to trace out black companyour Tata Safari car bearing Registration No. The statement of Deepak Bhojwani PW 1, was recorded by ACP Durga Prasad PW 92, who stated the name of Deepak Bhojwani occurred during the companyrse of interrogation of other guests witnesses. On inspection of the site, two empty cartridges were seized and, in the meantime, a supplementary statement of PW 2 was also recorded by PW 100. On 12.12.2001, the case registered against Malini Ramani, Beena Ramani and George Mailhot under the Punjab Excise Act was disposed of with a direction to pay a fine of Rs.200/ each. This person was moving around and Ms. Beena Ramani was following him and saying that you are the one give me the gun. Apart from the above assertion, he also informed the Court that Jessica Lal since deceased was working with Oberoi Hotel and was also a model by profession. After taking sometime and examining the accused over and over again, the witness has pointed towards accused Sidhartha Vashisht Manu Sharma and when asked to touch him, she touched him. Pursuant to the disclosures of Manu Sharma investigations were carried out and it was that the accused were in close companytact with each other over phone and accused Manu Sharma had made number of calls from the house of Vikas Yadav son of DP Yadav to his house in Chandigarh and to Harvinder Chopra at Piccadilly. On refusal to serve liquor, the appellant took out a pistol and fired one shot at the roof and another at Jessica Lal which hit near her left eye as a result of which she fell down. He found one black companyour Tata Safari on the left side of Qutub Colonnade gate and 4 or 5 vehicles including one PCR Van on the right side. I had told the police in Apollo Hospital that it was Manu Sharma who was with the similar description as was discussed amongst friends on which police had told me that they would call me. It is also relevant to numbere that she pointed out towards the accused Manu Sharma and said that he just looked like him. The following statement of PW 1 proves the presence of accused Manu Sharma and his friends I was moving around in the party with two glasses of whisky, when I came across a person having fair companyplexion who was giving smile to me. I returned to the restaurant at about 3/3.15 a.m. Police met me there in the Restaurant. PW 100 then recorded the statement of PW 2 and made an endorsement on the same for the registration of the case under Section 307 IPC and handed over it to Ct.
Subhash to be carried to the police station, Mehrauli. Further, in categorical terms, he asserted and identified the presence of Manu Sharma at the scene of offence. I rushed towards her and we both went inside the cafi. At about 8.30 p.m., PW 100 handed over the investigation to SHO S.K. I saw, AFTRA TAFARI at the gate of cafi after companying out of my office. Recovery memo prepared is Ex PW 74/A which is in his handwriting and bears his signatures at point C and that of Sudesh Gupta SO at point B. PW 74 stated that vehicle Tata Safari was recovered vide Ex. The intervenor supported the case of the appellant Manu Sharma and prayed for his acquittal. PW 32, Ved Prakash Madan proved that Tel. While I was in the street a number of people came up to the gate of Colonnade walking. It is the argument of the learned senior companynsel for the appellant Manu Sharma that PW 30 was number present at the spot of the incident placing its reliance on DD No.40A and 43A dated 30.04.1999. The said witness in his evidence has categorically stated as under Few of the police officials came to Apollo Hospital along with the Ambulance and few of them returned to Qutub Colonnade. Manu Sharma came into my companytact after about 10 15 minutes of my purchasing two pegs of whisky. Thereafter, I went to the gate of Qutub Colony leaving others in the restaurant, in search of Police man. He deposed before the Court that he was instructed that the inmates of Black Tata Safari No. CH 01 W 6535 and for Sidharth Vashisht Manu Sharma, Director of Piccadilly Sugar Industries at Bhadson, Kurukshetra, Chandigarh, his farmhouse at Samalkha and Okhla Delhi. We were already introduced to each other and were about to exchange visiting cards, when one tall sikh gentleman came from behind of Manu Sharma and told him something and took him away towards Tamarind Cafi. I heard the firing of two shots, and the numberse of firing had companye from the side of cafi. She explained to the Court that in the year 1999 they used to have parties in Qutub Colonnade and liquor used to be companysumed in these parties. Since the present statement about another gentleman who fired a shot at Jessica Lal and she fell down was number the one earlier made to the Police, after getting permission from the Court, the public prosecutor cross examined him. It is clear from the testimony of this witness that he was inside his office companynting the cash when he heard the shots, thus after taking care of the cash when he opened the gate he saw people companying in and going out, which means that his act of companying out from the office is companysiderably after and number immediately after the shots were fired and, therefore, he saw people running back and forth whereas Beena Ramani PW 20 has stated that when she mounted the steps of the restaurant she saw a few people standing next to the companynter and heard a shot. Jitender Raj PW 47 was working as a Manager cum Supervisor. 30.04.1999. When I was walking, towards restaurant I ran into Malini. There were about 6 7 persons inside the cafi at that time. The number of the black TATA Safari, bore Registration number CH 01 W 6535. Mathew has companyroborated the version of PW 32 and has proved that the calls were made to USA. I walked towards the Restaurant. Charges under Section 120B/201 IPC were framed against accused Vikas Yadav, Amardeep Singh Gill Tony Gill and Alok Khanna and charges under Sections 201 and 212 IPC were framed against accused Shyam Sunder Sharma. According to him, in the year 1999, he had attended the place known as Qutub Colonnade as Thursday Party four times on each Thursday and the last occasion when he attended this Thursday Party was on 29.04.1999. I told him number to do so, but he forcibly entered the said Tata Safari. Charge under Section 302 IPC/201/120 B IPC and under Section 27 of the Arms Act has been framed against the accused Sidhartha Vashisht Manu Sharma, charge under Section 201/120B IPC has been framed against accused Vikas Yadav, Amardeep Singh Gill Tony Gill and Alok Khanna, charge under Section 212 IPC has been framed against Harvinder Chopra, Raja Chopra, Vikas Gill Ruby Gill and Yograj Singh and charge under Section 201/212 IPC against Shyam Sunder Sharma. A companyy of the said DD entry was handed over to SI Sharad Kumar PW 78 who along with Ct.
Meenu Mathew left for the spot. Near about the same time, companyy of the said DD entry was also given to SI Sunil Kumar PW 100 who along with Ct.
Subhash also left for the spot. I saw a few people standing next to the companynter and I heard a shot. She also identified the other persons who were with Manu Sharma, though she has number mentioned the name of persons but on the instructions of the Court she has touched those persons named by the Court. Recovery of Tata Safari with live bullet and broken glass pieces at Noida PW 91 SI BD Dubey, in his evidence has stated that information was received that the vehicle involved in Jessical Lal murder case was parked at NTPC Township. The evidence of PW 1 is relevant for a limited purpose i.e., proving the presence identity of Manu Sharma and his desire for liquor in the party which part of evidence has also been given by other witnesses in so many words, prior to Deepak Bhojwani as well. The companypanion of Shyan was wearing white T shirt. It is also proved that even after the seizure of vehicle on 02.05.1999 the search for accused Sidharth Vashisht Manu Sharma companytinued and search was made at Piccadilly Cinema, Piccadilly Hotel, his residence at Chandigarh, PGI Hospital where his father was subsequently admitted. I immediately went to the restaurant. Beena was addressing a young man who was moving, someone whom I had number seen before. That person who was told to be seen by my husband was with some friends at the time of occurrence inside the cafi. It was a farewell party for her stepfather namely, George Mailhot PW 24, who was going abroad for five months. On 21.02.2006, after trial, the Additional Sessions Judge acquitted all the nine accused including the appellant Manu Sharma. When I reached the door of the restaurant I saw some people to my right to my left and ahead of me. He further explained that his officers informed him that this vehicle was used by Manu Sharmas office which was at Bhadson, District Karnal. Deepak Bhojwani PW 1 He is a resident of K 5/B, Ground Floor, Lajpat Nagar, New Delhi. We agree with the observation and the ultimate companyclusion about PW 6 reached by the High Court. The fourth disclosure of accused Sidharth Vashisht Manu Sharma was recorded by PW 101 wherein he had disclosed that Ravinder Sudan Titu having companycealed the pistol, had gone to Manali HP where he met his uncle Shyam Sunder and he very well knew the place where they companycealed the pistol and that he companyld lead to Manali to recover the pistol used in the incident. I mounted the steps of the restaurant. The report of CFSL vide Ex PW 90/A proved that on companyparison of S1 and S2 the two window panes of the left and the right rear side of the said Tata Safari are different. It was Thursday. It was a Thursday. I focused only on first person or Beena I did number numberice the others. Even at Chandigarh, Tata Safari was number available in his house at Sector 229, Sector 9C, Chandigarh. At that time, about 2/3 people were ahead of me and are by my side in the restaurant. iv Surender Kumar Sharma PW 101, SHO PS Mehrauli has stated that on receipt of information he, ASI Kailash, Ct Ram Niwas, Ct Ramphal, Ct Yatender Singh left for the spot in the official gypsy. CH 01 W 6535 which was lifted from the spot in the morning is found to have been registered in the name of Piccadilly Agro Industries and it was also found in Karnal and he further informed that Sidharth Vashisht alias Manu Sharma is the Director of the said Industries who is residing in H.No.229, Sector 9C, Chandigarh. I told Shyan Munshi to call the Police or doctor or ambulance and I stopped the man accompanying them. In addition to the same, he highlighted how the appellant Manu Sharma was prejudiced by the wild allegations that were carried by Media, both print and electronic. 9811096893 in making calls to his friends like Tony Gill, Alok Khanna, Amit Jhingan and others. PW 100/Article 1 which was video recorded on 07.05.1999 itself after the accused was produced before the Metropolitan Magistrate and companyies of which were duly supplied to the accused during trial. Ms. Beena was moving at a place which may be described as ahead of me towards the left side. Gui PW 7 asked someone to give a telephone call to the police station, which was nearby, on receipt of which the police arrived at the spot, seized the pistol and took the accused and some of the witnesses to the police station where a formal FIR was registered. From the disclosure Ex PW 100/Article 1 there were further discovery of facts admissible under Section 27 of the Evidence Act. Apart from this, PW 101 also stated that his senior officers found out the name of the owner and informed him that it was registered in the name of Piccadilly Agro Industries Ltd., Sector 34, Chandigarh. It had a number of shops and a restaurant. It is further seen from his evidence that he sent SI Pankaj to Chandigarh and Inspector Raman Lamba to Bhadson. In the Ashlok Hospital, police came there and companytacted me and recorded my statement. The analysis of evidence of PWs 46 and 47 shows that when PW 47 heard the numberse of the shots he was in the office companynting cash and after hearing the numberse of firing he opened the gate of his office which he had closed at the time of companynting the cash. PW 12/D 1, a companytemporaneous document, clearly companyroborates the testimony of ocular witnesses which we have already mentioned in the earlier paragraphs. If we analyze her evidence along with the sketch map of the occurrence, when she mounted steps of the restaurant, she heard a shot, a moment later, she heard another shot. I saw from that gate of my office that people were companying in and going out. He saw from the gate of his office that people were companying in and going out. Sharma had also reached the spot along with staff including DHG Shrawan Kumar. On receipt of the information, on 06.05.1999, the appellant surrendered before PW 87 and was later arrested at about 2.20 p.m. and brought to Delhi. Again said, I crossed my mother, she was walking towards the restaurant. Approximately at about 1.45 a.m., she went with her friend Sanjay Mehtani to the restaurant to look for something to eat. The SHO Police Station Mehrauli, Inspector S.K. SHO detailed DHG Shrawan Kumar to watch the vehicle already parked there and asked him SI Sunil Kumar to proceed immediately to Ashlok Hospital. In addition to the evidence of the above mentioned witnesses, who were present at the party, the presence of appellants is also proved by other evidence, namely, 3 PCR calls Ex PW 11/A, B and C which were received. clearly establish the recovery of the same at Noida, beyond any shadow of doubt vide Ex PW 74/C Seizure of Live cartridge by Insp. We have already quoted her own statement namely I saw a few people standing next to the companynter and I heard a shot, a moment later I heard another shot. 981110237 and 9811068169 were also allotted to Amardeep Singh Gill and Alok Khanna respectively. He identified the vehicle Ex. I was companying downstairs, and on hearing the numberse, I went to restaurant. They reached NTPC Township at about 06.30 p.m. on 02.05.99 and found a Safari Vehicle parked there bearing No. CH 01 W 6535 is registered in the name of Piccadilly Agro Industries Ltd., Piccadilly Cinema, Sector 34, Chandigarh. On 23.11.2000, the Additional Sessions Judge framed charges against the appellant Manu Sharma under Sections 302, 201 read with 120 B IPC and Section 27 of the Arms Act, accused Amardeep Singh Gill was charged under Section 120 read with Section 201 IPC, accused Vikas Yadav was charged under Section 120 read with 201 IPC as also Section 201 read with 34 IPC, accused Harvinder Chopra, Vikas Gill, Yograj Singh and Raja Chopra under Section 212 IPC and accused Alok Khanna, Shyam Sunder Sharma and Amit Jhingan were discharged of all the offences. CH 01 W 6535. As directed, he left Delhi on 30.04.1999 and reached Bhadson at the premises of Piccadilly Agro Industries. HR 26N4348 and Tata Sierra MP 04 2634 were allotted to Amardeep Singh Gill and Alok Khanna respectively. I came out of my office, immediately, after hearing the shots of firing. Durga Das, DW 1 who was admittedly at the scene of the occurrence has stated that as the shooting started, PW 7 had given a telephonic message to the police station. The bar companynter was located in Tamarind Court open area between the two doors of the Tamarind Cafi, but since it was summer numberody was using the bar companynter giving preference to the bar companynter located outside. A moment later, I heard another shot. 287/99 was registered at the police station, Mehrauli. It was also highlighted that after this incident PW 30 has been recruited to the post of Constable though he was number eligible as he was under metric and overage. It companyld be swung open and Shyan Munshi came out with another person who was either ahead of him or behind him. I did number make any statement to the police in Apollo Hospital. HC Devi Singh PW 83 In charge of PCR Van He reached the scene of occurrence within two minutes at around 02.17 a.m. and reported back at 02.35 a.m. I can identify that person, who had asked drink from me and who was wearing jean and t shirt. He also identified signatures of SI BD Dubey SI Sudesh Gupta on the same. The party, on 29.04.1999 was over at about 12.30 a.m. and he told the waiters to clean up the place. On 30.05.1999, the accused Vikas Yadav was also arrested. Shiv Dass, Madan Lal, Surender and Wiplub, members of the staff and one two guests also reached the spot. She further informed About a week later, at the Police Station, the name of which I do number remember, I saw that person. A moment later she heard another shot. As all others were leaving, therefore, the companypanion of Shyan also shoved me aside and went out. I had seen the driver and companypanion on the Tata Sierra. There were few guests left in the companyrtyard and I also spotted some guests in the Restaurant where numberody was supposed to be. At that time, that gentleman took out a pistol from the dub of the pant and fired a shot in the air. As rightly pointed out that the vehicle being recovered at Karnal on 30.04.1999, the question of sending SI Pankaj Malik does number arise. Both the persons, took away the vehicles. 229, Sector 9C, Chandigarh. on the previous Thursday Party. Generally food was served but on Thursdays liquor was also being served. He further deposed I was facing opposite side of the entrance door of the restaurant and then I heard two pop shots like balloon. I had seen this accused in the police station on 8th May. The waiter did number serve him liquor as the party was over. I opened the gate of my office, which I had closed, before companynting the cash etc. On 29.04.1999, he attended the Thursday Party alone at about 11 oclock in the night. In his evidence, he informed the Court that the day of occurrence was Thursday. Sanjay Mehtani and myself walked out together. After the companypletion of investigation, the other accused persons were also arrested. In all, 101 witnesses were examined by the prosecution and two companyrt witnesses were also examined. CH 01 W 6535 was involved in the case and he was asked to search the same. There is numberevidence on record that both the shots were fired from one weapon. Ex PW 18/DA at item number 7 9 in the letter sent to CFSL mentioned about the seal of BD on the sealed parcel companytaining broken glass pieces. It is companyrect that Vehicle No. Thereafter, photo identification was companyducted in which they were duly identified by Deepak Bhojwani. 596 of 2000 was preferred by the prosecution before the High Court of Delhi praying for the framing of charge against the accused persons and setting aside the discharge of Alok Khanna, Shyam Sunder Sharma and Amit Jhingan. I went inside the cafi primarily with a view to eat something as I was feeling hungry and also numberhing was being served outside. There were two persons in that vehicle, on the front seats. While holding both the glasses of whisky, he came in the companypany of his friends. PW12/D 1 which is a wireless message received at Police Station, Mehrauli. They went ahead and took U turn and stopped the vehicle near the vehicle, near which I was standing. When he asked two whiskys from me, I showed my inability saying sorry, Bar was closed. On the same night, at about 1 oclock midnight , he went to the bar companynter to have his third drink. One of them asked me companyld I have two whiskys. On 07.05.1999, he made a disclosure to Inspr. He requested me to arrange liquor for him on which I told him that liquor was over and the bar was closed and therefore, I would number be able to arrange liquor for him. He was wearing jean and white t shirt. At that time I was present in Tamarind Court and I was talking to my friend Arash Aggarwal. The said FIR also indicates that SI Rishi Pal by 2.30 a.m. had already recorded the statement of the victim at AIIMS and had number sent the same with Balwan Singh with rukka to PS, Mehrauli. George had left at about 12.30 or 12.45 a.m. from there. It may number be out of place to mention that calls were exchanged between the accused and made to USA were discovered pursuant to disclosures made by the accused persons. Since I had number seen the incident being taking place and at Ashlok and Apollo Hospital discussion was going on as to who had done this and it was also being discussed that the culprit was wearing Blue Denim Jean and White Shirt and was fair and was little short in height then I assessed that he was the same person who came to me to arrange drinks for him. The young man whom I saw at the door was a beard person i.e. At that time, she had a drink in her hand. At about 4.00 a.m., FIR No. I reached there, by running. I reached the Hospital at about 330 a.m. and my statement was taken at about 345 a.m. or 4 a.m. On 03.08.1999, charge sheet was filed against ten accused persons. This fact clearly shows that the prosecution had the intention to examine Sanjay Mehtani as their witness. The said witness has also clearly identified the two of them in the Court. All the persons will search him. As the said vehicle was found on 02.05.1999 at Noida and the same was taken into possession through a seizure memo prepared by Noida Police. On the night intervening 29/30.04.1999 at 2.20 a.m., DD Entry No. He started the vehicle even though I asked him, number to do so. Revision Petitions were also preferred by the accused persons against the framing of the charges against them. Raman Lamba wherein he said that he companyld recover the pistol from Ravinder Sudan at Mani Majra. The third disclosure is Ex. Against the rest of the accused, the charges as framed on 23.11.2000 by the trial Court were maintained. On that night, apart from the numbermal Thursday Party, I had also organized a special farewell party for my husband who was leaving in two hours time for a World Trip. He was also cited as a prosecution witness. According to her, the party on that night was over by midnight. After the party was over, I was anxious to clean up the place and relieve the waiters etc. The delay in recording the statement of Deepak Bhojwani occurred due to natural flow of statements of various witnesses. There used to be a gathering of friends at this Party and all varieties of liquor used to be served in this Party besides snacks etc. The statements of witnesses were recorded number only by the I.O. A perusal of FIR 286 of 1999 dated 30.04.1999 under Section 308/34 IPC PS Mehrauli Ex CW 2/B shows that the said rukka was sent by SI Rishi Pal through Balwan Singh from AIIMS and number from Dera Gaon. He was shot dead by the respondent after he deceased , along with the other officers of the management, had companye out of the Tribunals office at Meerut after filing their written statements. Trial began in May, 2001 against nine accused. One boy came down from that vehicle. The Police while filing the charge sheet before the Magistrate had enlisted Sanjay Mehtanis name in the list of witnesses. I did number see Mr. George there, at that time. There was miniature bar companynter outside in the open space where liquor was being served. We took carried her to an Esteem Car, parked outside. 179 of 2007 along with his friends came there and asked for two drinks. The Panchnama was prepared and other formalities were, however, done at the spot. Vide Ex. At that time, there were about 70/80 persons gathered all around i.e. On the night intervening 30.04.1999/01.05.1999, at about 2 a.m., the police raided the farm house of the appellant and on search being companyducted seized a photograph of the appellant. firing pin, ejector, extractor, breechface, magazine or chamber marks etc. Then he said that he had cash to pay for drink. The occurrence took place on such 3rd or 4th party on 29.04.1999. He further informed the Court discussion was going on as to who had done this and it was also being discussed that the culprit was wearing blue denim jeans and white shirt and was fair and was little short in height then I assessed that he was the same person who had companye to me to arrange drinks for him. As observed earlier his evidence amply proves the presence of accused at the scene of occurrence at the time and date as pleaded by the prosecution. The above phone call details show that the accused were in touch with each other which resulted in destruction of evidence and harboring. Respondent has pointed out that Sanjay Mehtani was examined during the companyrse of investigation and his statement was recorded under Section 161 Cr. SHO S.K. The said sequence of events clearly show that the prosecution number only wanted to examine him as a witness, but tried serving him with the summons many times, but the same companyld number be achieved as Sanjay Mehtani had by then shifted to Hong Kong and was number staying in India. Such companypons were used to be purchased in advance from the cash companynter. It further came on record that calls were made to USA to Ravinder Sudan. That gentleman was also wearing light companyored clothes. 521491 was intalled at PCO, Ambala and its print out is Ex. He was chubby and fair and I asked him as to who he was. During the trial summons were issued for him and it was learnt that Sanjay Mehtani had left India and was residing at Hong Kong and as such companyld number be examined in the companyrt. On 07.05.1999, the police produced the appellant before the Metropolitan Magistrate and sought police remand for effecting recovery of the alleged weapon of offence. 9811096893 to Yograj Singh in Panchkula and can recover the same. I also asked him to give me his gun. This Thursday Party and special party was organized jointly and was being held in the companyrtyard and on the roof top. Then at that point of time, I just left the room because I was irritated about the whole incident. However, it was pointed out that the search of the house at Chandigarh was taken and since the diary companytaining the address of Ravinder Sudan companyld number be found, numberrecovery companyld be affected. About the incident, he narrated that After about 15/20 minutes i.e. One person has fled after firing at someone 35 years, stout body 5 4 R F fat, T Shirt of white companyour. Further, the said witness was summoned by the Court for examination vide orders dated 28.11.2001, 08.02.2002, 27.11.2003 and 11.12.2003. He explained that companypons used to be issued for purchase of any kind of liquor. He was having fair companyplexion. She further deposed We were standing there when companyple of guys went in. He used to check the supplies, cash and sanitation. Two three other workers were also present, but I do number remember their names. In the said disclosure, he disclosed that he was using his younger brother Kartiks Cellphone No. The two .22 cartridge cases marked C/1 and C/2 have been fired from two different .22 caliber standard firearms. He said as to how I was holding two glasses of whisky in my hands whereas he was unable to get even one. Though, Mr. Ram Jethmalani submitted that High Court ought to have accepted his entire evidence in toto, companysidering his earlier statement to the police and his evidence before the Court, we are satisfied that the High Court is justified in holding that even if his testimony is discarded, the case of the prosecution hardly gets affected. When I walked out, I crossed my mother in companyrtyards as I was walking out. I do number know if he had asked whisky from anybody else prior to asking from me. The waiter did number pay attention to that gentleman and became busy in cleaning up. It was on the other side of the companyrtyard and I was standing next to speaker amplifier . According to him, he met Major Sood and the sugar mill was closed at that time. It might be 2 oclock at that time, I mean 2 a.m. In 2000/2001, Revision Petition No. Thereafter, the appellant was remanded to five days police custody till 12.05.1999 and thereafter on 12.05.1999 extended till 17.05.1999 on the application of the I.O., but on 15.05.1999, the appellants remand was preponed from 17.05.1999 to 15.05.1999. The first was an oral disclosure made to Inspr. Therefore to companytend that Sanjay Mehtani was deliberately number examined by the Prosecution is absolutely baseless and number founded on the basis of the record. On 20.12.2006, the High Court vide the impugned order, companyvicted and sentenced the appellants, as mentioned in paragraphs above. He was companynting the cash and tallying the same. Thereafter one of the eyewitnesses, S.K. I went there later. The occurrence took place at about 1.30 or 1.45 AM. I also reciprocated. All the way to the front gate of the main building. Since the High Court has accepted his evidence which was number acceptable by the Trial Court, we analyzed his entire statement with great care. On 21.12.1999, the Court directed the prosecution to file the report. A trial would only be vitiated if number disclosure amounts to a material irregularity and causes irreversible prejudice to the accused. On 12.04.2001, charges as per the orders of the High Court were framed and some of the charges as framed earlier were maintained. The High Court disposed of all the revision petitions filed by the accused persons by a companymon order dated 13.03.2001. When I gave danda blow, the glass of window pain broke. The .22 cartridge marked C/3 of parcel No.5 is a live cartridge and numbercharacteristic tool marks i.e. 1 4 at the place of occurrence. To this extent, the prosecution relied upon his evidence and this was rightly accepted by the High Court. The party was over by 1 or 130 a.m. 41 A Ex. He also disclosed the phone Nos. The same was taken into possession by Delhi Police on 03.05.1999 after taking appropriate orders from the Magistrate Ghaziabad. Again said behind him. There was a driver in the car. He was a few steps ahead of me and I companyld number catch him. The Ballistics Division of CFSL gave report in respect of the queries as under The .22 badly mutilated lead bullet marked BC/1 of No.3 companyld have been fired from a standard .22 caliber firearm. 1 3 were present at the scene of occurrence. Thereafter, Shiv Dass brought a sheet of cloth. They were about numbering four, may be five. The respondent, who was the Secretary of the Union, was looking after the case on behalf of the workers, while PWs 5 and 7 were the officers appearing on behalf of the management before the Tribunal. Alcohol and food was being sold there on companypons. On 16.05.99, the appellant was sent to judicial custody. He also admitted that he was in Delhi for about a year or so and able to understand spoken Hindi. An application for companyducting Test Identification Parade TIP of the appellant was also moved. The evidence of PWs 11, 12 and 13 clearly proves that immediate and prompt action was taken. Further, it was pointed out that bare perusal of the trial Court record of the present case will clearly bring out the fallacy in the said argument of the defence. Challenging the acquittal, the prosecution filed an appeal before the High Court being Crl. Rajnish Kumar Gupta without citing any credible reason. The supply of articles through companypons was made in the open space. Admittedly without setting up a plea of alibi to show their presence elsewhere, they have flatly denied their presence. I asked him again and he kept quiet and shaking his hand that it was number him. He said that it was number him. I think that I can identify the person whom I had tried to stop and talked to. On one occasion, against the dismissal of the bail application by the High Court on 11.11.2003, the appellant filed a special leave petition before this Court which was dismissed by this Court on 02.12.2003. I ran out and went into the street there was numberone there. His built was on the plump side. The post mortem was companyducted at about 11.30 a.m. at the All India Institute of Medical Sciences on the same day i.e. We shall separately discuss about the Test Identification Parade and the validity of desk identification during time in the latter paragraphs. Then he came to me. Nevertheless, a violation of this duty does number necessarily vitiate the entire trial. I companyld number give sip even for thousand rupees it being number available. He narrated further The time might be 2 AM. I gave a lathi blow on the last window pain on the side of the driver. Sardarji. Challenging the said order of the High Court, all the three appellants filed above mentioned separate appeals before this Court. companyld I have sip of you for thousand rupees. There was a door to my right. In companypliance with the companyditions of interim bail, the appellant surrendered on 11.3.2002 but again sought for and granted interim bail for a period of ten weeks starting from 20.03.2002. I went to the passage way where the shops were located. Then he said O.K. The SPP objected to the same on the ground that the order required modification but the same was rejected and on 14.01.2000, the Court again directed supply of the expert report. During the period from March 2002 to February 2006, the appellant was enlarged on bail on different occasions by various orders of the High Court. I said it did number matter. On 28.01.2002, the appellant was released on interim bail for a period of six weeks by the order of the High Court dated 25.01.2002 with a direction to surrender after the expiry of the same. We both introduced each other. At Sl. In Mohd. He was the only one present there who was keeping maintaining calm. himself but by other officials as well who were helping him in investigation. 7 is yes then whether these marks are similar and caused by the same fire arm? of some of the companyaccused and that he handed over his cell bearing No. Similarly Mobile Nos. I am number very sure about it. I was focusing on the danger point. I ran after him. so that they may take up duty next morning properly. I thought he might be having a gun. She is a fashion designer by profession. All the appeals were heard together and are being disposed of by this companymon judgment. Appeal No. on 30th April and 1st May 1999 to pay companydolence. 100/ each on that day. I just passed out after hearing about it and fainted. What you have to say in this regard? 193 of 2006. I had acquaintance with her from before. He was in his mid twenties. There was companymotion. P.C. A. No.
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2010_232.txt
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Pahelwan and his son, Ram Swarup deceased objected to this. The appellants were annoyed at the objection of Pahelwan and his son Ram Swarup. In front of the flour mill and the residence of Pahelwan there was some vacant land in his possession. 1, Pahelwan, in his plot of land. Appellant, Ram Sewak, challenged Pahelwan and his companypanions to see them that day. 1 Pahelwan, Lal Ram and Shri Kishan, all of whom received injuries. In the evening at about 8 Oclock on the 1st of January, 1969, appellant, Ram Sewak, armed with a lathi went to the front of the flour mill of Pahelwan and started to hurl abuses on Pahelwan and his son Ram Swarup. According to them there was a quarrel in respect of some property between Ram Swarup, deceased and Zorawar, brother in law of Ram Swarup, in which appellant Nathu intervened whereupon Pahelwan P.W. As a result, Ram Swarup was hit and he fell down in front of the flour mill. On 31st December, 1968 at about numbern appellants Harish Chandra and Ram Sewak had some alteration with Pahelwan and Ram Swarup in companynection with throwing of rubbish on the aforesaid land and as a companysequence the relation between the parties worsened. At the call of the appellant, Ram Sewak, the other appellants came variously armed with lathis and spears and started giving blows to Pahelwan and his son, Ram Swarup, both of whom, according to the prosecution, were unarmed. 1, Pahelwan, as alleged by the prosecution, but it had taken place at a different place. The defence of appellant, Ishwari, before the Committing Magistrate was that Pahelwan P.W.1 , Lekh Raj and others attacked him, as a result of which he became unconscious. The defence of appellants, Ram Sewak and Nathu, was that the occurr ence had number taken place on the land of P.W. Pahelwan, somehow, managed to snatch the spear from the hand of the appellant, Ishwari, and started giving blows to the assailants in order to defend himself. Ram Swarup succumbed to bullet injuries while he was being removed to the police station. 1 , Lala Ram, Shri Kishan, Triloki, Ram Swarup Prasad, Munna Jamadar, Lekthraj and others attacked the appellants and in that incident injuries were received by P.W. Had he and Ram Swarup and other P.Ws been the aggressors, he P.W.1 would number have companye without the gun. The shot of Nathu hit P.W. The defence of appellant Harish Chander before the Sessions Judge was an alibi. The defence of the other appellants was that Ishwari had been returning from Ghurwal Chak. Before the Committing Magistrate pleas of appellants, Harish Chandra and Soney Lal, were alibi. Lekh Raj, P.W., then attacked the appellants with his lathi, as a result of which some injuries were caused to the appellants including Harish Chandra. The incident took place on a land between residence and flour mill of P.W.1 and in that assault the appellants had to defend themselves. At that time, it has been further stated, appellants Harish Chandra and Nathu fired their gun and pistol respectively. Some time prior to the incident a flour mill was installed and a house companystructed by P.W. Appellants Harish Chandra and Nathu were further companyvicted under Section 148 of the Penal Code and sentenced to rigorous imprisonment for two years, each. At that time he was attacked by the prosecution witnesses and the deceased. The appellants had started throwing rubbish on the land. The defence of the appellants before the Sessions Judge was one of the right of private defence. At that time, it has been alleged, an electric light was burning in the front of the room of the flour mill as usual. The appellants had the right of private defence, and therefore, they have companymitted numberoffence. The injuries are serious. Learned companynsel for the appellants submitted that large number of injuries had also been received by the appellants and that there was numberfinding by the companyrts below as to how the assault initially started and which party was the aggressor, prosecution has number explained as to how the appellants received the injuries. The omission on the part of the prosecution to explain the injuries on the person of the accused assumes much greater importance where the evidence companysists of interested or inimical witnesses or where the defence gives a version which companypetes in probability with that of the prosecution one. The submission of the learned companynsel is that the injuries found in the persons of the appellants have number been explained by the prosecution. On a companysideration of the evidence on record the learned High Court agreeing with the Sessions Judge has accepted the version of the prosecution and rejected that of the defence. The High Court as well as the trial Court has rejected the defence version of the case, in view of their inconsistent pleas before the Committing Court and the trial Court. They were sentenced to imprisonment for life, each, under Section 302/149, rigorous imprisonment for 7 years, each, under Section 307/149 and rigorous imprisonment for six months, each, under Section 323/149 of the Penal Code. The High Court agreeing with the trial Court has found that the prosecution case as alleged has been established by the evidence of the prosecution witnesses. The prosecution alleges that there was long standing enmity between the parties of the deceased and the appellants. As such, he submitted, the companyviction for the offences with the aid of Section 149, Penal Code, was bad in law. 1, and eventually the appellants were companymitted to the companyrt of Sessions that companyvicted and sentenced as stated above. In view of the inconsistent pleas and in view of the fact that numberinfirmity worth the name has been shown in the statement of eye witnesses of the occurrence, the High Court accepted the prosecution case as true and held that the defence case is false. The appellants were companyvicted under Sections 302, 307 and 323 all read with Section 149 of the Penal Code. had a licensed gun. A first information report was lodged by P.W. K. Garg, S. S. Bhatnagar, V. J. Francis and Sunil Kumar Jain for the Appellants. 1 and the deceased. 356/77 companynected with Criminal Appeal No. The Judgment of the Court was delivered by BAHARUL ISLAM, J. In companying to that companyclusion the High Court has also taken numberice of the fact that P.W.1. Thereafter the appellants escaped. 220 of 1974. The submission of the learned companynsel is number warranted by the findings of the High Court. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 723 of 1970. Appeal by Special Leave from the Judgment and Order dated 9th January, 1974 of the Allahabad High Court in Criminal Appeal No. This appeal by special leave has been directed against the judgment and order passed by the Allahabad High Court dismissing two appeals filed by the appellants before it. Their appeal was also dismissed by the High Court as earlier stated. K. Bhat for the Respondent. The sentences were directed to run companycurrently. The facts material for the purpose of disposal of this appeal may be stated thus.
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1981_178.txt
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The High Court was of the opinion that the appellant was aware of the fact that on 16.1.2006 Mr. Munna Lal Karosia had already been transferred and relived on 22.12.2005. 4665/2006 The appellant herein was respondent No.1 in Contempt Civil Petition No.335/2006 before the High Court. However, one Mr. Rakesh Kumar Arya filed a civil companytempt, being Contempt Civil Petition No.335 of 2006 before the High Court. The aforesaid petition came up for hearing on 12.9.2006. SLP C No.1673/2006 Leave granted. In the aforesaid special leave petition, this Court while issuing numberice on 30.1.2006 directed status quo insofar as the posting of the petitioner in the above special leave petition was companycerned. A bare perusal of the impugned order passed by the High Court indicates that although stigmatic remarks have been made against respondent No.6, he was neither present number heard. The impugned order would have serious adverse civil companysequences on the appellant. Such an order companyld number have been passed without companypliance with the rules of natural justice. We have heard the learned companynsel for the appellant at length.
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2012_344.txt
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exhibit a.1 dated 26.8.1971 is the promissory numbere executed by the defendants in favour of the bank for a sum of rs. according to the bank the defendant number.1 to 3 executed a promissory numbere for rs. the defendants sought a sanction of loan for rs.100000 and the head office of the bank sanctioned the said loan to the defendants on 18.8.1971 in order to companyer up the earlier loans. the defendant number. 100000.
on 26.8.1971 the defendants executed the promissory numbere for the sanctioned loan amount of rs.100000 and to repay the amount with interest as mentioned in the pronumbere. the defendants has number executed any promissory numbere in favour of the bank for a lakh of rupees number has executed any equitable mortgage number deposited any documents of title towards any loan of rs.100000. the second defendant who was wife of the first defendant had obtained a short term loan of rs. 100000 on 26.8.1971 in favour of the bank. the defendant number1 had executed a guarantee agreement on 14.6.1971 in favour of the bank in respect of the aforesaid short ferm loan in favour of 37 persons. the present suit is based on the promissory numbere exhibit a.1 and the equitable mortgage deeds exhibits a.4 and a.37. even after the execution of the promissory number exhibit a.1 the existing debt due by the 37 borrowers to the bank was number extinguished and the bank was entitled to claim the amount from the 37 borrowers in spite of the pronumbere having been executed by the defendants. the bank has thus based its claim in the plaint on the promissory numbere and guarantee agreement for rs.100000 as principal and rs. the high companyrt though upheld the finding of the trial companyrt that the promissory numbere exhibit a.1 dated 26.8.1971 was executed with the full knumberledge that it was a promissory numbere to rs.100000 but the same was void for want companysideration to the extent of the loan advanced to 37 borrowers. 71000 granted by the bank in favour of 37 persons by way of short term loans. the agent of the indian bank sivaganga branch sent a companymunication to the first defendant on 21.8.1971 informing him of the sanction of the loan. 2000 on 26.3.1970.
the third defendant who was the son of the first defendant had also obtained a short term production loan of rs. exhibit of the agent indian bank sivaganga branch agreeing to create an equitable mortgage in favour of the bank towards the loan of a lakh of rupees in respect of 27.02 acres of land. the first defendant filed a written statement denying the execution of guarantee agreement as well as the promissory numbere. 100000 to the first defendant on 18.8.1971.
the loan was sanctioned on the condition of obtaining joint and several demand promissory numberes and an equitable mortgage deed in respect of 27.02 acres of land and hypothecation bond of 2 electric pump sets from the defendants. 71000 to 37 persons were advanced from 17.12.1970 to 4.5.1971 and as such there was numberconsideration for executing the guarantee agreement dated 14.6.1971 number for executing the promissory numbere on 26.8.1971.
the high companyrt further held that the promissory numbere exhibit a.1 can be taken to have been supported by companysideration only to the extent of rs. 1 and 2 only and dismissed the suit against defendant number3 as he was found to be minumber on 26.8.1971.
the defendant number. he pleaded inter alia that the defendant has number furnished any guarantee on 14.6.1971 with regard to the repayment of loans amounting to rs. thus so far as the question of any consideration of the guarantee agreement exhibit a.8 is concerned the same is of numberconsequence in view of the subsequent execution of the promissory numbere exhibit a.1. exhibit a.36 was the office companyy of the letter whereby the first defendant had been informed of the sanction of the medium term loan of rs. 2000 on 15.12.1971.
the defendant number 1 has also executed a guarantee agreement on 14.6.1971 in respect of short term production loan granted to 37 persons amounting to rs.71000. 1 and 2 for an amount of rs.4193.19 the amount advanced to the third defendant. the defendant number1 also pleaded that the agent to the bank shri krishnamurthy lyer in order to ward of his own prosecution and arrest for having advanced large amounts as loans to landless persons in an irregular manner obtained the signature of the defendants on a printed promissory numbere without the details having been filled up. 100000 subject to the execution promissory numbere and other documents as directed by the head office. the defendant number1 further secured a short term loan of rs.2000 on 18.12.1970 on the security of the crops raised in his lands. 21616.25 which represented the amount due against defendant number. the trial companyrt by judgement dated 29.4.1975 decreed the suit in favour of the bank and against the defendant number. 71000 to 37 persons. the high companyrt held that the loans amounting to rs. the bank had companye forward with the case in the plaint that the first defendant had obtained a medium term loan of rs.10000 on 11.9.1970 for the purpose of installing a pump set and an engine and digging a well and for which an equitable mortgage in respect of 7.86 acres of land was made in favour of the bank. on the same day the defendants executed a hypothecation of their movable properties viz pump set and engine set out in schedule a to the plaint by way of security for repayment of the loan. on the same day the defendants agreed to execute an equitable mortgage deed in respect of 27.02 acres of land set out in schedule b of the plaint towards the loan of rs.100000 and deposited the title deeds relating to the properties with the branch of the bank at madurai on 28.8.1971.
the defendants has companye forward with a plea that they did number execute the aforesaid documents exhibit a.1 and a.8 and shri krishnamurthy iyer agent of the bank had perpetrated a fraud and that the transaction was vitiated on the ground of fraud undue influence companyrcion and misrepresentation. a sum of rs.6760.67 was advanced to cover up the deficiency in sanctioned loan amount of rs. the high companyrt in our view has taken a wrong approach of the entire case and has ignumbered the important relevant documents which prove beyond any manner of doubt that the promissory numbere exhibit a.1 the basis of the suit was executed with companysideration and the defendant number. the high companyrt also held that the trial companyrt itself has found it established that the defendant number3 was a minumber on 26.81971 and the bank having number filed any appeal numberdecree would have been passed against defendant number. the high companyrt then examined the question of the liability of the defendant number. the judgment of the companyrt was delivered by kasliwal j. this appeal by grant of special leave is directed against the judgment of madras high companyrt dated 25.11.1980.
the appellant indian bank in short the bank filed a suit for the recovery of an amount of rs.121006.98 due under a equitable mortgage and pronumbere against three defendants namely k. nataraja pillai defendant number1 his wife n. pappathi ammal defendant number2 and his son n. narayanan defendant number3 . 71000 to form the same as companysideration for the guarantee agreement. the third defendant subsequently filed a separate additional written statement taking the ground that he was born on 12.11.1953 and as such being minumber on the date of the alleged execution of the promissory numbere the same was void as against. exhibit a.38 is the registered letter sent by the first defendant to the custodian of the indian bank head office madras intimating that the balance amount that will be paid to him after adjustment of all his liabilities as disclosed by him under the letter marked exhibit a.37 may number be sufficient for him to carry on his agricultural operations and as such requesting to sanction a medium short term loan of number less than rs.20000 and also requested to direct the agent indian bank sivaganga branch to return the promissory numberes and other companynected documents to enable him to companylect the amounts from the companycerned parties. they also executed two hypothecation deeds in respect of a schedule properties and executed and equitable mortgage on 28.8.1971 for b schedule properties. 89000 with interest upto date should be got adjusted out of the loan of lakh of rupees. aggrieved against the judgment and decree of the high companyrt the bank has companye in appeal before this companyrt. 1 and 2 on account of their personal borrowings from the bank. 1 and 2 on the basis of the pronumbere exhibit a.1 in respect of the sum of rs.71000 borrowed by 37 persons on the principle of numberation of contract as companytained under section 62 of the indian contract act. 1 and 2 were liable to pay the entire amount claimed by the bank. 249 and on bank of india v. matha gounder 1980 t.n.l.j. 2 and 3 filed a separate written statement and took the same stand as taken by the defendant number1. they also executed anumberher hypothecation bond in respect of the crop on the same day. the documents were got executed by exercise of fraud undue influence companyrcion and misrepresentation. 2000 on 25.5.1971 and a further sum of rs. the companysideration for the aforesaid transaction also included an amount of rs. the high companyrt as a result of the above findings allowed the appeal in part and passed a decree in favour of the bank for an amount of rs.21616.25 only with interest at the rate of 10 1/2 per cent per annum from the date of the plaint till the date of the decree of the trial companyrt and at the rate of 6 per cent per annum from the date of the decree till the dated of the recovery of the amount. one lakh which itself recites that it was executed for value received. it further stated that the liability of a sum of rs. the new companytract should extinguish the earlier companytract and the liability under the earlier companytract should companye to an end otherwise the numberation will fall for want of companysideration. 21006.98 as interest. 1 allahabad 487 muthukaruppa mudali v. kathappudayan 27 m.l.j. the high companyrt in this regard placed reliance on nanak ram v. mehin lal i.l.r. civil appellate jurisdiction civil appeal number 2945 of 1981.
from the judgment and order dated 25.11.1980 of the madras high companyrt in appeal number699 of 1976.
k. sastri and s. srinivasan for the appellant. the total of the above outstandings came to rs.93239.03. sampath and ms.
pushpa rajan for the respondents. 1 and 2 filed an appeal in the high court. we have heard learned companynsel for both the parties and having thoroughly perused the record.
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1992_706.txt
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The appellant offered to pay Rs.65.51 crores as companysideration money for purchase of assets of the companypany in liquidation and proposed to invest Rs.650 crores for revival of the industry. The Company Judge proceeded with the matter and directed sale of the assets of the companypany in favour of the Indian Railways who had made offer of Rs.140 crores. Eventually the High Court started the process of disposal of the assets of the companypany. On 25.8.2006 the matter was heard by the High Court which directed for issuance of sale numberice for assets of the companypany. On 12.3.2007, IA was filed by the appellant giving details of his proposal. IA filed by the appellant was disposed of. The appellants grievance is that the same was disposed of without giving any reason or even without companysidering the desirability of the revival. Background facts in a nutshell are as follows Company case number3 of 1984 was filed before the Patna High Court in respect of Rohtas Industries Ltd. hereinafter referred to as the companypany which purportedly had become sick. Challenge in this appeal is to the order passed by a Division Bench of the Patna High Court summarily dismissing the Company Appeal No.4 of 2006 filed by the appellant under Section 483 of the Companies Act, 1956 in short the Act . Aggrieved by the said order, the appellant filed an appeal under Section 483 of the Act before the Division Bench on 11.1.2007. Though various grounds have been urged in support of the appeal, the primary ground of challenge is that such summary disposal is indefensible particularly when the appeal is a statutory appeal. Appellant claiming to be representative of Bangar Group of Industries, Calcutta, filed an application in the said case. It is the case of the appellant that though efforts were made to revive, it companyld number materialized. C No.10587 of 2007 Dr. ARIJIT PASAYAT, J. CIVIL APPEAL NO 1661 OF 2008 Arising out of S.L.P. Reference was made to the response of the Official Liquidator who had stated further information may be called for from the appellant. By the impugned order the Division Bench dismissed the appeal. Leave granted.
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2008_332.txt
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The 1 Page Appellant is a registered society involved in resisting globalization, companybating companymunalism and defending democracy. In the Writ Petition filed before the High Court, the Appellant organisation stated that it firmly believes in a secular and peaceful social order and opposes companymunalism and the targeted attacks on the lives and rights of people including religious minorities. Several activities of the Appellant organisation in the interest of the society have been referred to in the Writ Petition. The power companyferred by the Act on the Central Government to declare an organisation to be an organisation of a political nature under Section 5 1 of the Act was challenged by the Appellant on the ground that numberguidelines are provided for the exercise of such power. The Appellant filed a Writ Petition in the High Court of Delhi for a declaration that Sections 5 1 and 5 4 of the Foreign Contribution Regulation Act, 2010 hereinafter referred to as the Act and Rules 3 i , 3 v and 3 vi of the Foreign Contribution Regulation Rules, 2011 hereinafter referred to as the Rules , are violative of Articles 14, 19 1 a , 19 1 c and 21 of the Constitution of India. NAGESWARA RAO, J. The High Court dismissed the Writ Petition, aggrieved by which this appeal has been filed.
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2020_206.txt
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Of opium wrapped in glazed papers on 11.10.1984. The police officials separated ten grams of Opium as a sample and put it in a matchbox and sealed it. When a search was companyducted the police companyld seize the companytraband article Opium from him. The sample was forwarded to the Chemical Examiner, who, after testing the same, reported that it was opium. PD is the report of the Chemical Examiner. The police version was this while some of the police personnel were returning after patrol duty they came across the respondent near the railway crossing at Kanod village Sanhewal in Ludhiana district . On seeing the police he tried to run away from the scene and then the police felt suspicious about him and intercepted him. Two police personnel Mr. Satpal Singh and Mr. Sohan Lal produced affidavits regarding the role played by them in forwarding the sample to the Chemical Examiner. The respondent was charge sheeted by the police for the offence under Section 9 of the Opium Act before the Court of a Judicial Magistrate of Ist Class, Ludhiana. Prosecution examined Head Constable Dhian Singh as PW1 and Head Constable Ranji Dass as PW2. According to the respondent the police had falsely companycocted the present case against him to teach him a lesson. On companypletion of the investigation the police laid the charge sheet against the respondent. He further said that he was taken from his house on the early morning of 11.11.1984 and brought to the police station and foisted the case on him. When the respondent was examined under Section 313 of the Code of Criminal Procedure For short the Code he repudiated the allegations made against him and put forward a version that the police nurtured vengeance towards him for number obliging them by becoming a witness in another case. The substance of the allegation against him was that he was found in possession of 4.5 kg. The companyviction and sentence passed on an accused were resultantly quashed on that ground alone. The evidence of a policeman was tendered in a criminal trial by means of an affidavit but it was number accepted by the High Court and companysequently the entire prosecution case was thrown over board. The Sessions Court upheld the companyviction and sentence and dismissed the appeal filed by him. Respondent filed a revision before the High Court of Punjab and Haryana. The State of Punjab challenges the said verdict of the High Court in this appeal by special leave. THOMAS, J. Accordingly, he was companyvicted and sentenced as aforesaid. Leave granted.
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2001_553.txt
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The charge under Section 304/34 I.P.C. Sudesh. Sessions Judge and also seeking quashing of the charge under Section 304/34 P.C. The said petition was allowed by the learned single Judge of the High Court and the charge framed under Section 304/34 P.C. Thereafter an application was filed on behalf of the accused persons before the learned trial Judge seeking their discharge from the offence under Section 304/34 I.P.C. P.C. The Additional Sessions Judge, Karkardooma, on companysideration of the challan and the papers filed along with it, framed charges under Section 498 A/34 IPC against all the three respondents and under Section 304/34 I.P.C. Shortly after the said order was passed, the accused persons filed a revision being Criminal Revision No.l 13 of 1996 in the High Court seeking quashing of the charge under Section 304/34 I.P.C. Verma PW 1 , Dr. Nagendra Prasad PW 2 , Dr. V.V. PW l A was in any way responsible for causing meningitis which disease has been opined by PW 1 to be the cause of death of said Smt. Sessions Judge recorded the evidence of the doctors i.e. Gupta PW 5 . Gupta PW 3 and V.P. Sessions Judge may be directed to first record the medical evidence in the case and till the recording of such evidence presence of Gyan Devi and Raj Sehgal i.e. Sessions Judge to record the medical evidence first and till that part of the prosecution evidence is companycluded to exempt the aforementioned accused persons from personal appearance in Court. P.C. ? Gain Devi, on or about 26.11.91 at a H.N.N 11B/11, Dilshad Garden, both in furtherance of companymon intention caused the death of Sudesh with intention of causing such bodily injury as was likely to cause death or with the knowledge that your act was likely to cause her death and thereby companymitted an offence of culpable homicide number amounting to murder punishable under section 304 IPC read with 34 IPC and within my companynizance. assailing the legality of the order of the Addl. Thereafter, the Public Prosecutor representing the State informed the Court that the prosecution has numberother medical evidence to be led in the case. The learned single Judge accepted the suggestion and accordingly issued direction to the Addl. From the discussions in the order under challenge it is patent that the learned single Judge has sifted the evidence of P.Ws 1 to 4 in the light of the autopsy, report Ex. On a perusal of the said order it appears that the High Court disposed of the revision petition accepting the suggestions made by the companynsel for the petitioners accused and the companynsel representing the State that the Addl. appearing for the State that numberother medical evidence is to be produced by the prosecution and has recorded the finding which reads obviously there is absolutely numberevidence on record to suggest that aforesaid injury number 4 in Ex. Sudesh, who was the daughter in law of respondent 1 and wife of respondent 2, the police made an investigation and laid a challan against the three respondents under Section 173 2 Cr. Thereafter, the accused persons filed an application under Section 482 Cr. In companypliance with the direction in the High Court order, the Addl. The operative portion of the order reads as follows In view of what has been ordered above the learned companynsel for the petitioners prays that without prejudice to the pleas which the petitioners may like to take after the recording of the medical evidence, the present petition be dismissed as withdrawn. PW I A, discussed the testimony of the doctors, taken numbere of the order sheet dated 3rd July, 1999 of the Trial Court in which the statement made by Ms. Lata Sharma, A.P.P. which is relevant for the purpose of this proceeding is to the following effect And secondly, that you Veer Bhan Gulati and Smt. which was disposed of by the order passed on 12.12.1997. Dr. S.K. framed against them. against respondents 1 and 2 was quashed by the order passed on 7 December, 1999. Consequently, it is dismissed as withdrawn. On receipt of a report regarding the murder of one Smt. which was dismissed by the order dated 14 May, 1999. respondents land 2 herein in Court be exempted as they would number be required for the purposes of identification and they can be effectively defended even in their absence. against the respondents land 2 vide the order dated 19 February, 1996. 2000 Supp 4 SCR 270 The Judgment of the Court was delivered by P. MOHAPATRA, J. The said order is under challenge in this appeal filed by the state. Leave granted.
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2000_812.txt
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Mohan and Mrs. Geetanjali Mohan for the Petitioner. Agarwal and R.N. 3000 of 1983. 284 of 1984 in Special Leave Petn. G. Bhagat, Additional Solicitor General, R.D. L. Sharma, K.K. CRIMINAL APPELLATE JURISDICTION Criminal Misc. Poddar for the Respondent. The order of the Court was delivered by CHINNAPPA REDDY. Petition No.
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1984_13.txt
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The members of the Apex Bank belonging to the area of operation of the particular Primary Bank automatically become members of the companycerned Primary Bank from the date of registration. Staff of the Primary Banks except class IV employees are drawn from the Apex Bank out of the cadre maintained by it in terms of Clause 70 of the model by laws applicable to the Primary Banks. The pivotal issue involved in this appeal relates to the question as to whether the employees working with Primary Agricultural Cooperative Banks in short Primary Bank are entitled to bonus at the same rate at which it was paid to employees working in the Apex Bank also described as State Bank i.e. The appellant transacts its business mainly through Primary Banks which are its members. 1 union raised a demand stating that it is entitled to bonus at the rate applicable to employees of the Apex Bank. The Haryana State Cooperative Land Development Bank Limited. The claim was resisted by the Primary Banks on the ground that they are separate entities with separate Balance Sheet and Profit and Loss accounts and have a distinct companyperative and companyporate identity under the Act and, therefore, is number required to pay bonus at the same rate as the employees of the Apex Bank in terms of Payment of Bonus Act, 1965 in short the Act . Delay companydoned. Arijit Pasayat, J. Accepting the writ petition field by respondent No. Leave granted. The respondent No.
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2003_869.txt
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Station to station rates may be quoted from and to stations on the same railway or from a station on one railway to a station on another railway. It has set up a factory at Bengurnagar in Dandeli at the terminus of Alnawar Dandeli branch line of the Southern Railway. The Company claimed a declaration that the rate between the stations specified in the companyplaint were unreasonable and a direction to the Railway to levy with effect from the date of the companyplaint standard rates and charges for the traffic on the branch line without inflating the distance. The Tribunal decided the case against the Railway Administration. Initially the Railways were levying freight over this branch line at companymon rates for all companymodities on a weight basis. Whether rates for the carriage of companyplainants traffic have become unreasonable as a result of inflating the chargeable distance over the Alnawar Dandeli Section ? This is an appeal with special leave against the order of the Railway Rates Tribunal companystituted under S. 34 of the Indian Railways Act 9 of 1890. The Company filed a companyplaint before the Railway Rates Tri bunal and challenged as unjust, unreasonable and discriminatory the method of levy of freight on goods traffic. The Company claimed that the levy of rates offended the provisions of s. 28 of the Indian Railways Act, 1890, and that the existing rates were per se unreasonable. The Union of India as representing the Southern Railway de fended the companyplaint. Whether the respondent Union of India in charging the companyplainants traffic over the Alnawar Dandeli Section at tariff rate on companytinuous distance basis, but with three times the, inflation in the chargeable distance over the Section, is subjecting the companyplainants traffic to the undue prejudice in companytravention of s. 28 of the Indian Railways Act ? They companytended that the introduction of standard rates and fares over the section on a companytinuous distance basis with three times inflation of the chargeable distance for goods was made on the authority of the Central Government under its directive and the Railway Rates Tribunal is precluded from questioning its legality or propriety. it has granted any undue or unreasonable preference or advantage to, or in favour of any particular person, or shown any undue or unreasonable prejudice or disadvantage to any person or railway administration or any particular description of traffic, and was charging for the carriage of any companymodity between two stations a rate which was unreasonable or was levying any other charge which was unreasonable. 1 the companyplaint was maintainable against the Union of India under S. 41 1 b of the Indian Railways Act. A companyplaint that the railway administration has acted in companytravention of the order issued by the Central Government may be determined by the Central Government and number by the Tribunal. 28.99 lakhs, and that even after the introduction of higher rates and fares with three times inflation in distance, the users of branch line will be paying less than what they were paying before the introduction of the new rates. On representations made by the users of this branch line, the Indian Railways substituted, with effect from February 1, 1964, the standard telescopic class rates. from the judgment and order dated April 18, 1966 of the Railway Rates Tribunal at Madras in Complaint No. The Railway was finally taken over, by the Government of India with effect front October 1, 1962, and number forms part of the Indian Railways. 29 effective from October 1, 1958, rates were divided into two types i Class rates and ii station to station rates. In charging the goods freight, however, the actual distance of the branch line was multiplied by three. 3 it was provided Station to station rate means a special reduced rate applicable to a specific companymodity booked from one specified station to another specified station. Whether the impugned method of charging on inflated distance at three times the actual distance over the Alnawar Dandeli Section to arrive at the distance for charge is governed by any order of the Central Government, and, if so,. But even in a dispute relating to the matters set out in s. 41 1 a , b and c , where the Central Government has fixed by general or special order maximum and minimum range of rates for the whole or any part of a railway the companyplaint that the railway administration has companytravened any order issued by the Central Government may be determined by the Central Government and number by the Tribunal. With the reorganisation of the States under the States Reorganization Act the ownership of the Railway passed to the Mysore Government. The Company used the branch line for transporting companyl, limestone etc. They also company ,tended that in any event the levy is number unjust, unreasonable or discriminatory that the increased rate on the basis of inflated distance was in vogue in different sections of the Indian Railways that such inflation was adopted either because of the higher companyt of operation of the particular section or because of unusually heavy capital companyts involved on a particular system of Railway and for similar reasonsthat the reason for inflation on the branch line was due to large capital investment for the rehabilitation of this branch line by the Central Government it was taken over from the previous owners that before the branch line was purchased it was working at a loss for a number of years and for effectively working the branch line it had become necessary to undertake extensive repairs and renewal work including companyplete relaying of the track, companystruction of crossing stations etc that the total companyts of such repairs and renewal was Rs. Subject to these restrictions, the Tribunal has the power to determine whether the Railway Administration has acted in companytravention of the provisions of S. 28, i.e. This branch line 32 Kilo meters in length was a light railway companystructed and opened for traffic by the Government of Bombay in 1919, principally for the purpose of transporting forest produce companylected in the surrounding region. The Union denied the charge of discrimination and undue preference and companytended that the Tribunal had numberjurisdiction to hear the companyplaint merely because the Company had selected certain companymodities and certain sets of stations in support of its grievance under s. 41 1 b of the Indian Railways Act, 1890. In the present case the maximum and minimum range of rates have been fixed by the Central Government. 59 7 On the pleadings before the Tribunal, six issues were settled, four of which are material Is the companyplaint number maintainable against the respondent Union of India under s.41 1 b of the Indian Railways Act, 1890 Act 9 of 1890 ? Similarly the Central Government has and the Tribunal has number the power to classify or reclassify any companymodity and to increase or reduce the level of class rates and other charges. whether the companyplaint is number maintainable for the same reason ? The West Coast Paper Mills Ltd. hereinafter called the Company is a manufacturer of paper and paper products. Jagadish Swarup, Solicitor General, A. S. Nambyar and S. P. Nayar, for the appellant. required for its manufacturing activities, and also for transporting its manufactured products. In the view of the Chairman and Mr. Munshi one of the members of the Tribunal on issue No. 1742 of 1966. R. Gokhale, M. K. Ramamurthi, Shyamala Pappu and D. Sharma, for the respondent. The Judgment of the Court was delivered by Shah, J. By cl. Appeal by special leave. CIVIL APPELLATE JURISDICTION Civil Appeal No. 4 of 1963.
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1970_212.txt
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7464 of 1997 Krishi Utpadan Mandi Samiti Sahaswan District Badaun through its Secretary Appellants Versus Smt. 7462 of 1997 Krishi Utpadan Mandi Samiti Sahaswan District Badaun through its Secretary Appellants Versus Saidullah Saidul Ors. 7465 of 1997 Krishi Utpadan Mandi Samiti Sahaswan District Badaun through its Secretary Appellants Versus Rayazul Haque Anr. 7463 of 1997 and the valuation fixed by the District Magistrate, Badaun in respect of lands in this area. 7463 of 1997 wherein we have fixed market value at Rs.24.64 per sq.yard. In these cases the respondents have led numberevidence of any sale instances of companyparable lands. They have relied upon the order passed by the Stamp Officer in case of the respondent in Civil Appeal No. With CIVIL APPEAL NO. Respondents With CIVIL APPEAL NO.
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2004_1072.txt
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The Kerala Agricultural Income tax Act, 1950 provides for the levy of tax on agricultural income in the State of Kerala. The assessees Kerala Estate Mooriad Chalapuram, is a broad description of seven persons possessing the status of tenants in common under the Kerala Agricultural Income tax Act, 1950. During the accounting period relating to the assessment year 1964 65 M s. Associated Planters Ltd.waived payment of the interest of Rs.33,747.09, and accordingly the amount was credited to the revenue accounts of the assessees. In assessment proceedings for the year 1963 64, the assessees claimed a deduction of Rs.33,747.09 from their agricultural income on the ground that it was payable towards interest on a loan of Rs.4,00,000 taken by them from M s. Associated Planters Ltd., Calicut. They owned an estate from which they derived agricultural income liable to be assessed in the year 1963 The assessees followed the mercantile system of accounting. This appeal by special leave is directed against the judgment of the High Court of Kerala disposing of an Agricultural Income tax Reference and answering the following question in favour of the assessee and against the Revenue Whether on the facts and circumstances of the case the Tribunal was justified in holding that the amount of Rs.33,747.09 is number agricultural income for the assessment year 1964 65. The case was ultimately carried in second appeal to the Tribunal on the question whether the sum of Rs.33,747.09 credited in the relevant previous year companyld be assessed to tax for the year 1964 65. The assessing authority brought the amount to tax. Francis and N.M. Popli for the Appellant. CIVIL APPELLATE JURISDICTION Civil Appeal No.1396 of 1974 From the Judgment and order dated 28.2.1973 of the Kerala High Court in I.T. S. Krishnamurthy Iyer, V.J. 84 of 1971. Reference No. Balakrishnan for the Respondent. The Judgment of the Court was delivered by PATHAK J.
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1986_167.txt
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Heard learned companynsel for the parties. Leave granted.
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2008_2628.txt
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for the assessment year 1948 49 the income tax officer levied tax upon the total income in the hands of the said association of persons. the following question was referred to the high companyrt of allahabad under s. 66 2 of the indian income tax act 1922 if in pursuance of s. 3 of the indian income tax act the income tax officer levies the income tax in respect of the total income of the previous year of an association of persons upon the said association of persons as a companylective unit whether the tribunal is companypetent to direct the income tax officer to levy the income tax proportionately upon the individual members of the said association of persons in respect of the proportionate income of each of the members companysisting the said association of persons. on a further appeal to the income tax appellate tribunal the tribunal held that though the income tax officer had the power to assess the income of the association of persons as such or in the alternative on the individual members thereof in respect of their propor tionate share in the income it the tribunal had numberpower under the act to direct the income tax officer to exercise his rower in one way or other. the assessee claimed that in the circumstances of the case it should number be assessed to tax as an association of persons but the proportion of the income in the hands of each of the members of the association might be assessed to tax instead. april 30 1964.
the judgment of the companyrt was delivered by subba rao j. the question for decision in this appeal is whether when the income tax officer in his discretion assessed an association of persons to income tax the appel late assistant companymissioner in appeal or the income tax appellate tribunal in further appeal can set aside that order and direct him to assess the members of that association individually. as the income tax officer did number companyply with this request the assessee preferred an appeal to the appellate assistant company missioner but it was dismissed. civil appellate jurisdiction civil appeal number 673 of 1963.
appeal from the judgment and decree dated september 22 1960 of the allahabad high companyrt in income tax mis cellaneous case number 188 of 1953.
k. kapur and r. n. sachthey for the appellant. me facts lie in a small companypass and they areas follows me assessee companysisted of several persons companybined together for the purpose of purchasing companyl in order to supply the same to customers for domestic purposes and other small scale industries. veda vyasa and naunit lal for the respondent.
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test
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1964_109.txt
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Gouri Shankar Lane and his group in retaliation to an earlier quarrel that took place with the said Jiban Paul at 8, Gouri Sankar Lane with your associates Satya Narayan Jaiswal and others. Jaiswal of 34B, Gulu Ostagar Lane and other all being armed with brickbats, soda water bottles, bombs poles, created a great disturbance of public order on Gouri Sankar Lane and Abinash Kaviraj Street by hurling soda water bottles, brickbats indiscriminately with a view to overawe the organisers of the Kalipuja that took place in front of 8 Gowi Sankar Lane and thereby to terrorise the locality. This was in sequel to an incident that took place earlier at about 04 30 hrs when your associates Benode Kumar and others threw beer bottles at the Kalipuja pandal at 8, Gouri Sankar Lane, where some females were then dancing, which was then protested by the local people and the organisers of the said puja. you along with your associates Ratish Pradhan alias Laltu of 23/lA, Abinash Kaviraj St., Benode Kr. 8 by hurling bombs indiscriminately with a view to attack one Jiban Paul of 8. They have been set out by the State as annexure to the affidavit filed in opposition to the petition and read thus On 8 10 72 at about 22 25 hrs.,
you along with your associates Achche Lal Show of 1, Manickotolla Bazar Lane, Satya Narayan Jaiswal of 123/2, Acharya Prafulla in Chandra Road, and others, all being armed with bombs, soda water bottles created a great disturbance of public order on Gouri Sankar Lane in front of premises No. 1977 of 1973. The companysequential order companyfirming the detention was made by the State Government on September 28, 1973 and companymunicated to the detenu by the middle of October, 1973. After adverting to the facts, the Board advised companytinuance of the detention on September 21, 1973. The facts are disquieting at least for the reason that the petitioner an aged ailing man around 74, has been under detention since 1973 and, previous to it, had been facing a criminal prosecution which ended in a discharge on the date the detention order was clamped down on him and companynsel pressed the poignant circumstance that the ultimate order of Government dated September 28, 1973 merely companyfirms the detention, being unlimited in duration and unspeaking on the terminus ad quem for the incarceration. As required by the statute, the fact of detention was companymunicated to the State Government which in turn reported to the Central Government. The incident terrorised the locality and threw out of gear the numbermal life stream of the residents of the said locality amounting to police orde r. On 9 11 72 sometimes between 04 45 hrs. The case was placed before the Advisory Board on August 13, 1973 and when the representation of the detenu was, received it was duly companysidered and negatived by the State Government which thereafter made it over to the Advisory Board. As a result the lights of the above pujab pandals were damaged. N. Mukherjee and M. M. Kshatriya, for the petitioner. A few issues of some moment, in the companytext of civil liberties have been argued in this application for habeas companypus by Shri Mukherjee as amicus curiae. The Commissioner of Police, Calcutta, passed the initial order of detention dated July 19, 1973 on the petitioner, Golam Hussain alias Gama, under S. 3 1 a ii read with sub section 2 of the Maintenance of Internal Security Act, 1971 Act 26 of 1971 hereinafter referred to as the Act . And if left free and unfettered you are likely to companytinue to disturb manitenance of public order by acting in a similar manner as aforesaid. 32 of the Constitution of India for issue of a writ in the nature of habeas companypus. K. Chatterjee and G. S. Chatterjee, for the respondents. The grounds which induced the detaining authority to pass the order were companymunicated the same day. The relevant facts may be stated before discussing the highlights ,of the arguments. The Judgment of the Court was delivered by KRISHNA IYER, J. Under Art. ORIGINAL JURISDICTION Writ Petition No.
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1974_71.txt
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The answer of the companyporation was twofold. 940 of 1965. On June 30, 1965, he companyporation had talked out the recommendation of the standing companymittee with regard to the universal meterisation and separate budget. On July 1,2, 1965, the companyporation passed the, following resolution The Corporation gives its approval to the raising of a loan of Rs. The companyporation companyld number raise the loan without the Government guarantee and the government companyld, number reasonably guarantee the loan unless the two companyditions of universal meterisation and the separate budget for the water supply were accepted. 1, the Mayor of the Nagpur Municipal Corporation, asking him to show cause why the companyporation should number be superseded. On September 29, 1965, the State Government passed the impugned order superseding the companyporation under ss. 1 before the Nagpur Bench of the Bombay High Court, challenging the show cause numberice dated July 21, 1965 and the order dated September 29, 1965, superseding the municipal companyporation of the city of Nagpur. The companyporation said secondly that the companyt of immediate meterisation of the old companynections would be Rs. A separate budget for the supply of water would have ensured that the receipts from the supply of water were a located to the expenditure on the water supply scheme. The companyporation said firstly that the resolution dated July 12, 1965 neither accepted number rejected the two companyditions and the question of accepting the companyditions was left for future negotiations with the government after the government would be approached for the sanction of the loan under s. 420 2 r of the City of Nagpur Corporation Act 1948, read with City of Nagpur Corporation Loans Rules 1951. The High Court accepted the companytention that at the meeting held on July 12, 1965, the companyporation had resolved that the matter with regard to the companyditions imposed by the government for giving the loan should be left for further negotiations with the government. The State government was of the view that by the resolution dated July 12, 1965, the companyporation refused to accept the two companyditions mentioned in the office numbere and thereby made it impossible for the companyporation to meet the companyt of companystruction of the head works and the. Such a loan companyprising of Rs. On June 5, 1965, the standing companymittee resolved The Corporation may raise in the open market loan of Rs. On September 30, 1965, respondent No. On July 5, 1965, the meeting was adjourned. The adoption of universal meterisation would have curtailed the wastage of water and secured adequate revenues necessary for the repayment of the loan and the setting up of an adequate sinking and development fund for the water supply. On July 21, 1965, the Government of Maharashtra issued a numberice to respondent No. On August 1, 1965, respondent No. By an order of this Court, the Administrator of the City of Nagpur appointed under the order of supersession of September 29, 1965, has been joined as the second appellant. 70 lacs for the purpose of companypleting the Kanhan Stage III head works and provision of Alteration plant and for re modelling and redesigning the water distribution system in Nagpur Corporation are. 408 and 409 of the City of Nagpur Corporation Act 1948 C. P. Berar Act 11 of 1950 . 24 lakhs for Kanhan 3 Stage scheme and Rs. The opinion of the State government, based on the first ground cannot be sustained, firstly because the companyporation had number opportunity to show cause against the charge, and secondly, because numberreasonable Person on the materials before the State government companyld possibly form the opinion that the charge was proved The second. 45 lakhs for improvement in the Distribution System necessitated in view of the additional 29 million gallons of water that will be available after companypletion of the Kanhan 3 Stage Scheme. In this background, the State government. ground referred to in paragraph 1 b of the order dated September 29, 1965 is more serious. In May June,.965, these companyditions were companymunicated by, the minister in charge to the municipal companymissioner and the chairman of the standing companymittee. After making these provisions the Corporation can expend the money for other works. S. Bobde, and S. G. Kukdey, for respondent No. I filed a writ petition challenging the show cause numberice and the order of supersession. 1 In March 1962, the free cash balance with the Corporation was Rs.,
statement A referred to in the show cause numberice were factually incorrect. I filed his reply to the show cause numberice. The two companyditions were reasonable. The High Court held that the State Government exercised its power under S. 408 on grounds which were number reasonably related to its legitimate exercise and the finding upon which the order was passed was rationally impossible on the materials before the State Government. In July, 1962, the term of office of the present Councillors companymenced. The resolution is number printed in the paper book, but an agreed companyy of the resolution was filed before us. M. Kinkhede, G. L. Sanghi and A. G. Ratnaparkhi, for respondents Nos. 3 16, 19 31, 33, 34, 36 45, 47 53, 55 and 57. Appeal from the judgment and order dated October 7, 1966 of the Bombay High Court, Nagpur Bench in Special Civil Appli cation No. 2340 of 1966. 70 lakhs, in the next three years. C. Setalvad, N. S. Bindra and R. H. Dhebar, for appellant No. The High Court allowed the writ petition and quashed the order of supersession. The Judgment of the Court was delivered by Bachawat, J. The State of Maharashtra number appeals to this Court on a certificate granted by the High Court. This appeal arises out of a writ petition filed by respondent No. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1967_298.txt
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No 1488 of 1995. Delay companydoned. This special leave petition arises from the order dated July 19, 1996 imposing companyts personally against the respondent passed by the Patna High Court in M.J.C.
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1997_144.txt
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The second appellant is the Administrative Board established under the U.P. Public Services Tribunal for disposal on the companying into force of the U.P. This situation led to the issuing of an Order dated 15th July, 1970 by the Administrative Board terminating the services of the First Respondent as its Licensing Inspector with effect from the 26th March, 1970 by informing him that he would get one months salary in lieu of numberice. The first Respondent who should have returned to duty by 26th March, 1970 after availing of the Holi Holidays, failed to do so even by the month of July, 1970 despite a numberice served upon him in that regard. Womens Children Institutions Control Act, 1956 for properly companytrolling and supervising orphanages and other institutions of destitute children and women in the State, with the funds to be received by way of, donations from the public and aid from the State Government. Public Services Tribunal Act, 1976. But, that Tribunal, by its Order dated 7th July, 1978 dismissed the appeal finding, inter alia, that the order of termination of services of the first Respondent by the Administrative Board cannot be held to be invalid when the first Respondent who had undisputably received a numberice dated 6th May, 1970 by which he was called upon to return to duty, had failed to respond to the same. The first Respondents suit filed in the Munsif Court at Meerut in the year 1971 seeking the reliefs of declaration that the order of the Administrative Board by which his services were terminated as void and of the mandatory injunction for his reinstatement, was dismissed on 4th December, 1974. Civil Appeal preferred by the first Respondent in the District Court at Kanpur against the dismissal of his suit was transferred by that Court to the U.P. The number success of first Respondents appeal before the Tribunal, led him to the filing of a Writ Petition in the matter before the High Court of Judicature at Allahabad. Venkatachala, J. Special leave is granted and the appeal is heard on merits.
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1992_400.txt
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the cases of these petitioners were recommended for release by the Superintendent of Jail on their companypletion of 10 years imprisonment inclusive of remissions since each one of them was aged below 20 years at the date of the companymission of the offence. Order dated 8th September, 1982 In the following writ petitions P. Nos.
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1982_114.txt
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3567 of 2005 In this case, the lands of the appellants were acquired by Bhatinda Cantonment in the year 1976 and Special Land Acquisition Collector of Bhatinda Cantonment gave his award on 18.06.1979. The High Court allowed the said Miscellaneous Petition by order dated 17.02.1986 by passing an order enhancing the payment of solatium from 15 per cent to 30 per cent and interest from 6 per cent to 9 per cent per annum for the first year after acquisition and 15 per cent per annum thereafter till the date of actual payment of the enhanced amount of companypensation. On an application being filed by the appellants for reference the same was referred to Additional District Judge, Bhatinda and it was decided on 31.7.1980. As against the award passed by the Special Land Acquisition Collector, Bhatinda Cantonment, a reference case was filed which was decided by the Reference Court on 31.07.1979. Being aggrieved by the said decision of the Additional District Judge, Bhatinda appellants filed FRA No. AND Whether the judgment and order given by the High Court enhancing the quantum of companypensation by giving benefit of enhanced solatium from 15 per cent to 30 per cent and interest from 6 per cent to 9 per cent per annum in view of the Amendment Act of 68 of 1984 companyld be negated by the Court of Additional District Judge, Bhatinda while acting as an Executing Court and whether the Executing Court of Additional District Judge, Bhatinda companyld go behind the judgment and decree passed by the High Court? 3568 and 3566 of 2005. On the basis of the aforesaid order dated 17.02.1986, the appellants filed an execution application before the Additional District Judge, Bhatinda. The execution application was dismissed by the Additional District Judge, Bhatinda by an order dated 30.08.2001 holding that the appellants herein are number entitled to enhanced rate of solatium and interest as the award of the Collector and that of the reference companyrt in their case was passed prior to 30.04.1982. 128 of 1982 dated 18.12.1985 which was rejected by the Additional District Judge, Bhatinda by his order dated 30.08.2001 and the aforesaid execution applications of the appellants were dismissed by holding that they were number entitled to enhanced rate of solatium and interest as the award of the Collector and that of the reference companyrt were prior to 30.04.1982. Being aggrieved by the aforesaid judgment and order passed by the Additional District Judge, Bhatinda the appellants filed Civil Revision which was registered as Civil Revision No. The High Court by an order dated 08.12.1982, determined the market value of the land and the appellants herein were also granted solatium at 15 per cent and also interest at 6 per cent per annum. 128 of 1982 was filed which was decided on 18.12.1985 and the said was partly allowed and the respondents were directed to pay solatium at the rate of 30 per cent of the market value of the acquired land as determined by the companyrt and also interest at the rate of 9 per cent for the first year from the date of their possession by the Land Acquisition Collector and at the rate of 15 per cent thereafter till the date of actual payment of enhanced amount of companypensation. 5481 of 2001 and by the impugned order dated 24.09.2002, the same was dismissed upholding the order passed by the Additional District Judge, Bhatinda as against which the present appeal was filed. 17/ per sq. Chuhar Singh died subsequently and therefore his sons, viz.,
Hardev Singh, Balwant Singh and Gurbachan Singh preferred claim on the basis of which the Special Land Acquisition Collector, Bhatinda Cantonment gave his award on 11.06.1975. 10/ per sq. Possession of the land was taken on 03.12.1974 and the award was passed on 11.06.1975. Additional District Judge, Bhatinda further held that the aforesaid order passed by the High Court is nullity in the eyes of law as the benefit of the order of the High Court dated 18.12.1985 cannot be given to the appellants in view of various decisions rendered by the Supreme Court. praying for solatium and interest at the enhanced rate as provided for by the amendment in the Act by way of Act 68 of 1984 which was given effect from 24.09.1984. As the appellants sought for reference, a reference case was registered in which the Additional District Judge passed a judgment and order dated 31.07.1979. 3568 of 2005 This appeal arises out of the acquisition of land of Sarup Singh, the appellant herein, by issuing a numberification under Section 4 of the Land Acquisition Act, 1894 hereinafter referred to as the Act on 09.10.1974. The Additional District Judge further held that the order passed by the High Court under Sections 151 and 152 of C.P.C. 3566 of 2005 This appeal arises out of the same numberification dated 09.10.1974, as that of Civil Appeal No. 5142 65 of 1986 and enhanced the companypensation holding that the ends of justice require that companypensation shall be awarded to the appellants at the rate of Rs. yard upto the depth of 500 meter of the acquired and at the rate of Rs. Civil Appeal No. 3568 of 2005, issued by the respondents under Section 4 of the Act proposing to acquire land belonging to one Chuhar Singh. 10687 of 1980 and was decided on 30.07.1981. 5481 of 2001 filed by Sarup Singh and Gurdip Singh which was disposed of by the impugned judgment and order which is under challenge in Civil Appeal Nos. Appellants then filed their first execution application before the Additional District Judge for getting said enhanced amount which was accordingly ordered vide order dated 9.3.1998 but with regard to benefits of amended Sections, viz.,
Respondents then filed revision before the High Court but the same was dismissed. This Court on 1.9.1986 decided the aforesaid appeals alongwith the Civil Appeal Nos. yard beyond the depth of 500 meters. 412 of 1981 before the High Court which was decided on 27.07.1983. This Court also held that companysequential payments would also be made on the basis of the aforesaid rate of companypensation. Being aggrieved by the said order, the appellants herein filed a miscellaneous petition before the High Court which was registered as Civil Revision No. The aforesaid matter was also heard along with the Civil Revision No. 6701 23 of 1984 in this Court culminating in Civil Appeal Nos. 6171 of 2001. The appellants herein filed an execution application for realization of the balance amount in pursuance to the order of the High Court in LPA No. 4132 65 of 1986. Subsequently, however, the decree holders appellants filed Civil Miscellaneous Applications No. 1296 of 1985 under Sections 151 and 152 of Code of Civil Procedure, 1908 for short C.P.C. Respondents then filed appeals before this Court and vide order dated 12.7.99, the matter was directed to be filed before the High Court. The aforesaid judgment and order passed by the High Court became final and binding as numberappeal was brought to this Court thereafter. The matter was taken to the High Court which was initially registered as RFA No. Finally, the matter came to be decided by the High Court of Punjab Haryana. As the facts and issues involved are similar and interconnected, we propose to dispose of all the appeals by this companymon judgment and order. Still aggrieved, appellants filed Special Leave Petition No. However, we may record the facts of each of the cases separately and deal with the issues at one place as they are interconnected. was without jurisdiction and as such a nullity. All the above mentioned three appeals were listed for hearing and we heard the learned companynsel appearing for the parties who have ably taken us through all the relevant documents on record and also placed before us the various decisions which may have a bearing on the issues raised in the present appeals. Dr. MUKUNDAKAM SHARMA, J. After which a Letters patent Appeal No.
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2010_1319.txt
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