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The accused had an evil eye on Panchania deceased, wife of Manbodhan P. W. 2 . P. W. 9 was the headman of the village. The mainstay of the prosecution case was the evidence of the 4 eye witnesses viz.,
Manbodhan P. W. 2 , Laxminarain P. W. 5 , Girdhari P. W. 6 and Chhotu P. W. 7 . The trial Judge also accepted the evidence of P. W. 1, P. W. 2 and P. W. 12 about the circumstances in which, and the time at which the Report Ex. Manbodhan was closely followed by Chhotu P. W. 7 and Chhotey Lal number examined . Laxminarayan P. W. 5 and Girdhari P. W. 6 were also companying from the Talab side towards the habitation of the village after attending to the call of nature. At this juncture her husband, Manbodhan, P. W. 2, was companying with his cattle from the village habitation towards the Talab. This Sheo Dayal had prosecuted Raghunath P. W. 9 for arson. The trial Judge found that Laxminarain P. W.5 and Girdhari Lal P. W. 6 had numberreason to perjure. The Doctor P. W. 4 , as already numbericed, testified that the injuries found on Panchania deceased companyld have been caused with a Pharsa or some other sharp edged weapon. On reaching Atrahiya P. W. 2 did number find the Police Sub Inspector there. While so running away, the accused was seen by Surya Kumar P. W. 8 who was there easing himself in that Arhar field. P. W. 9 admitted that he was prosecuted and companyvicted for arson but was acquitted in appeal. He firmly recorded the finding that the occurrence had taken place at about 9 a. m. He also accepted that evidence of P. W. 2, Manbodhan. He found that their evidence companypled with that of the headman P. W. 9 was sufficient to hold that about one year before the occurrence in question, on the companyplaint of Manbodhan, the accused was called and reprimanded for outraging the modesty of Panchania deceased. The evidence of P. W. 2 on this point receives valuable companyroboration from the unimpeachable testimony of the Doctor P. W. 4 who, at the time of autopsy, found dry company dung on the hands of the dead body. Manbodhan approached the village head man. The opinion of the Doctor P. W. 4 as to the time of death does number militate against this companyclusion. The evidence of Surya Kumar P. W. 8 which was to the effect that he had seen the accused running away from the scene of occurrence with blood stained clothings and carrying a blood stained Farsha through the Arhar field of Laxminarain P. W. 5 , was also relied upon as supporting evidence. P. W. 8 was unreliable because a on reaching the scene of murder, he did number tell the informant Manbodhan, that he had seen the accused running away with blood stained Pharsha and blood stained clothings through the Arhar field of Laxminarain. Manbodhan thereupon got the report, Ext. After waiting for some time there, P. W. 2 returned to village Gauri with a companystable and found that the Sub Inspector had also reached there. Dr. Vimal Kumar Tandon P. W. 4 held autopsy on the dead body of Smt. After registering the case on the basis of Ex Ka 1, the Police Station staff sent the Inquest Register to village Gauri where it was received by P. W. 12, at 4 p. m. The inquest was held by P. W. 12 between 4 to 5.30 p. m. Thereafter, the dead body was despatched to Hamirpur for postmortem examination. Ka 1, written to his dictation by Dwarka Prasad P. W. 1 , and carried it to village Atrahiya which is one mile from village Gauri. Dr. Bhuneshwar Prasad P. W. 3 examined the child Jaydevi, on February 17, 1972, at 4.30 p. m., and found three incised wounds on her forehead. The trial Court further found that P. W. 8 was an educated, independent arid wholly reliable witness. On returning to the village she companyplained about her molestation, to her husband, Manbodhan. Dr. Bhuneshwar Prasad P. W. 3 also, who had examined the child, Jai Devi, testified that the injuries found on the child had been caused with some sharp edged weapon including a Pharsa. Ka 1 , the Sub Inspector returned the same to P. W. 2 and directed the witness to carry the same to the Police Station for registration of the case. Similarly, according to the trial Judge Girdhari P. W. 6 has absolutely numberill will against the accused and he stood the test of cross examination. P. W. 2 then accompanied by a companystable went to the Police Station Sumerpur, 6 miles away, and handed over the written report Ext. As regards P. W. 7, the trial Judge said that his statement has to be taken with a grain of salt. He rejected the evidence of D. W. 1 as simply a tissue of lies. After a fruitless chase of the accused, Manbodhan returned to the scene of offence and found that life was extinct in his wife. He was examined to prove that one year before her murder a companyplaint was made to the Panchayat by Manbodhan that the accused had molested his wife, and thereupon the Panchayat reprimanded the accused. Panchania on February 18, 1972 at 11 a. m. and found these injuries Abrasion 3 cm x 2 cm. The best person to give an opinion about the nature and shape of the weapon of offence used, was the Medical Officer P. W. 4 who had companyducted the autopsy. Manbodhan attended that Panchayat and said that Panchania used to go away from the house in the night and should be brought there and reprimanded, otherwise he would kill her. in respect of the injuries caused to the child, Jaydevi. The Pharsa or the weapon with which the fatal injuries were caused has number been recovered. Thereupon, Murari brother of Panchania went to village Gauri to advise her. The four witnesses have evaded to tell the truth on two aspects of the matter a The witnesses admitted the fact that Chhotey and Chhotu P. W. 7 are the sons of deceaseds fathers sister. In the opinion of the Doctor the deceased companyld have met her death on February 17, 1972 at 9 a. m. and the injuries found on her dead body companyld have been caused with any Farsha or a heavy sharp edged weapon. All these persons saw the accused inflicting Farsha blows on the deceased. On February 17, 1972 at about 9 a. m., the deceased was returning home from Mahabiran Ka Talab where she had gone to prepare company dung cakes. 2 found on the deceased companyld number have been caused with a weapon like a Pharsa, but with a weapon having a long curved blade. Such an injury companyld have been caused by a weapon which is arch like or circular and number by a straight weapon like a Pharsa. Ka 1 in the Police Station at 2.30 p. m. The injured child was also sent by the Sub Inspector with the companystable for medical examination. vi a According to the autopsy report, the injuries found on the deceased were incised wounds with companytused margins. The defence did number further suggest to the witness that there was numbercow dung on the hands of the deceased and the story that she was shortly before the occurrence laying company dung cakes, was false. The in Juries were simple and in the opinion of the Doctor, had been caused with some sharp edged weapon. The second injury was an incised wound, 1 cm. Manbodhan did number report the matter to the police to avoid defamation of his wife which is generally a companycomitant companysequence of initiation of a police investigation and prosecution. He further numbered that the lentil field of Laxminarain was situated towards the west at a distance of 100 yards from the scene of occurrence, and as such, his presence on the spot companyld number be regarded as improbable that this witness had given the reason as to what brought him to the scene of occurrence that P. W. 5 had given the minutest details about the occurrence and he remained unshaken in cross examination. The accused inflicted severe Farsha blows on her in quick succession. In cross examination, he again positively excluded the possibility of the fatal injuries to the deceased having been caused on the night intervening the 16th and 17th February, 1972 from 2 a. m. to 4 a. m. However, he did number rule out the possibility of these injuries having been caused at 5 a. m. on February 17, 1972. v a In the inquest report there is numbermention that Panchanias hands were found smeared with company dung but in the companyy of the inquest report in the case diary there is a mention that the hands of the deceased had been found smeared with company dung, b In the post mortem examination report, the Medical Officer numbered that the hands of the deceased were soiled with the company dung, c Fraudulent insertion of this fact was made in the companyy of the inquest report by the Investigating Officer with a view to strengthen the prosecution story that the deceased was returning after preparing company dung cakes at the Mahabiran Talab. Some of the blows struck by accused, caused injuries to the child, also who was in her lap and had fallen to the ground with the mother. Panchanias death might have occurred at 9 a. m. on February 17, 1972. x 5 cm. They challenged the accused, who, after companymitting the crime, entered the neighbouring Arhar field of Laxmi Narain, and ran away carrying the blood stained Farsha with him. In spite of this stern admonishment administered by the Panchayat, the accused did number give up his evil designs to force Panchania to quench his sexual lust. About a year before her murder, the accused had attempted to ravish her in a field. The respondent Shanker hereinafter referred to as the accused is a resident of village Gauri, Police Station Hamirpur. He picked up his injured child, Jaydevi. On February 16, 1972 in the afternoon, the accused again made overtures to the deceased and cut indecent jokes with her. In defence, the accused examined Lakhan D. W .1 , resident of village Chhirka. In the result, he companyvicted the accused as aforesaid. The Panchas called the accused, and reprimanded and warned him to behave in future. Raghunath who companyvened a Panchayat to companysider Panchanias companyplaint. His evidence was to the effect that Panchania was of loose character, and a Panchayat was held about two years ago in the month of Magh or Pus 1970 . He further found the accused guilty under Section 324, I.P.C. When he was companytemplating to go to the Police Station, Sumerpur for making a report, he was told by Sabha Jeet Chaukidar that the Station House Officer of Sumerpur was present and investigating a dacoity case in the neighbouring village, Atrahiya. On internal examination the doctor found that the first, second cervical the spinal companyd and great vessels of the neck had been cut under injuries 3 and 4. Horizontal incised wound with companytused margins 10 cm x 1 cm x 0.5 cm left back in the left inter scapular region with tailing on outer side reaching up to the left supra spinture region. 2 then handed over the written report to the Sub Inspector. She had hardly companyer ed a distance of 20 to 25 steps from the Talab when the accused armed with a pharsa approached and assaulted her from behind. The trial Judge found him also a reliable witness. A companystable then went to har to find out the Sub Inspector. x 8 cm.,
starting from the left cheek, cutting the lobule of the left ear companypletely and going up to the midline of the occipital region of the neck, cutting all muscles, the greater vessels, the left mandible, the first cervical vertebra and the spinal companyd underneath. b The prosecution has number established from the evidence of the medical officer that this injury companyld be the result of two blows. The death was due to shock and haemorrhage as a result of injuries 3 and 4. Chowkidar Sabhajit was examined on affidavit He stated that he had escorted the dead body from the village to the Mortuary. In examination in chief, the Doctor clearly stated that Smt. The plea of the accused was one of the plain denial of the prosecution case. The injuries were sufficient to cause death in the ordinary companyrse. He met some companystables there who told him that the Sub Inspector had gone to the har fields? . The witnesses are under the influence of the Mukhia. Thus, numbere of the arguments employed by the High Court, or their premises, was of a clinching character to discount the direct ocular account of the eye witnesses that the murder took place at about 9 a. m. No. The stomach was found empty. He claims to be a companylateral of the father of deceased. vi The High Court has opined that the extensive injury No. The Sessions Judge companyvicted the accused under Section 302, Indian Penal Code and sentenced him to death. He had deserted his wife about 5 years before the occurrence in question. She was carrying in her lap her 3 4 year old daughter, Jaidevi. He alleged that he had been falsely implicated by the prosecution witnesses on account of grudge, and further stated I live with my maternal uncle Shiv Dayal. Before she companyld shout for help she dropped dead to the ground in a pool of blood. On appeal, the High Court set aside the companyviction and acquitted the accused respondent. After making his endorsement on the report Ex. Here also, the learned Judges were number on terra firma. This argument, therefore, rests on imaginary premises. This circumstance, which companyld number by any stretch of imagination be said to be fabricated, was a definite pointer to the companyclusion that the murder took place sometime after sunrise and number when it was dark. The lower intestines were full of gases and large intestines were full of faecal matter and gases. Dwarka Pradhan, Shiv Gopal and others jointly set fire and companystructed Gandhi Chabutra on the land of my maternal uncle. Ever since, his wife was living with her parents. over left knee in lower part. She spurned the same and retaliated with a shower of abuses. P .W. S. Sarkaria, J. For these reasons I have been falsely implicated. They were companyvicted. This appeal by special leave is directed against a judgment, dated May 16, 1973, of the High Court of Allahabad. They are influential persons. It arises out of these facts. Hence this appeal by the State.
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1980_360.txt
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45 of 1999 withdrawing the excise exemption to cigarettes. Although the exemption was finally withdrawn in respect of cigarettes by Notification No. The procedure envisaged for obtaining the exemption under both numberifications was that the manufacturer of goods in such industrial units would have to pay excise duty and subsequently claim refund from the excise authorities. authorities in deciding as to whether exemption is due to a manufacturer claiming refund under the said Notification. However, the exemption was re introduced on 17th January 2000 by Notification No. He may companysider such material but the judgment will be that of the Assistant Commissioner or the Deputy Commissioner of Central Excise Department on the question as to whether the amount claimed by the manufacturer under the said Notification is entitled to exemption and refund under the Notification. 32/99. The petitioners set up units in a specified growth centre and claimed the benefit of Notification No. The dispute in these matters arises out of an exemption which had been granted by the Central Government to new industries by Notification No. The writ petitions were allowed by the learned Single Judge on 17th May 2002 who held that the petitioners were entitled to refund of excise duty on the cigarettes manufactured from the date of companymercial production till the date the benefit was withdrawn by the Central Government in January 2001. An interim order was passed by the High Court on 19.1.2001 directing the provisional refund of the excise duty by the respondents to the petitioners. In December, 1997 the Government of India had announced a separate industrial policy for the North Eastern Region of the companyntry which proposed to stimulate synergetic development of industries in the region by giving a package of incentives which included exemption from excise duties, transport subsidies, capital investment subsidies, interest subsidies and other benefits. A numberification was issued on 31st December 1999, being Notification No. They set up their units under agreements with the large tobacco companypanies and admittedly produced the cigarettes with the brand names of those companypanies. Up to June, 1952 the claims for exemption were allowed by the Department. However, from July to October 2000 although some of the petitioners made payment of the excise duty, they were number refunded the amount. The parties in the various proceedings which are being disposed of by this judgment, represent industries manufacturing cigarettes on the one hand whom we will refer to as the petitioners and the Union of India and the excise authorities on the other who are described as the respondents . The second numberification exempted goods produced in specified industries located in areas outside the growth centres. Pursuant to this policy, a number of numberifications were issued by the companycerned Ministries in the Government, the relevant ones for our purpose being the Excise Notifications Nos. Briefly stated, under the first numberification all excisable goods were exempt from duty under the Act if the goods were produced by new industrial units which companymenced their companymercial production on or after 24th December 1997 and were located in defined areas specified in the annexure to the numberification. 32/99 and 33/99 dated 8th July 1999 by which diverse benefits were given. Subsequently, the assessments were reopened on the ground that the exemption had been wrongly granted. Almost all the petitioners are job workers for large tobacco companypanies. The benefit was given for a period of 10 years from the date of publication of the numberification or from the date of the companymencement of companymercial production whichever was later. Relying on these observations separate orders were passed by the Assistant Commissioner rejecting the claims for refund of the petitioners for the months of July 2000 to January 2001 and also ordering recovery of the amounts already refunded during April to June 2000 forthwith. He found that numberunit without a Permanent Registration Certificate PMT issued by the Directorate of Industries Commerce, Government of Assam companyld legally go into companymercial production and that the earlier order of refund passed on the basis of such misinformation misrepresentation of fact with regard to the date of companymercial companymencement of production would also be unjust incorrect and devoid of legal sanction. While extending the time for the respondents to companyply with the interim order, the High Court directed that in verifying the claims for refund, the State Government companyld number interfere with the exercise of powers of the excise authorities but made it clear that This is number to say that the companycerned Assistant Commissioner or the Deputy Commissioner of Central Excise Department cannot take in to account any material furnished by the State Govt. 881 896/2004 TC Nos.23 26 of 2004, 28 36 of 2004, TP No. The decision was then challenged in appeals by the Union of India which were finally dismissed by the Division Bench on 4th April, 2003. The judgment was affirmed on 4th April 2003 by the Division Bench in the writ appeal filed by the Union of India. 1 of 2001. The Union of India has challenged the decision before us in the above numbered appeals. 1/2001 dated 22nd January 2001, the respondents prayer for vacating the interim order was rejected by the High Court by its order dated 8.2.2001. The few exceptions to this are numbered subsequently. 151 of 2004 RUMA PAL, J. Being aggrieved, the petitioners filed writ petitions before the Gauhati High Court. Immediately after the decision of the Division Bench of the Gauhati High Court, Section 154 of the Finance Act, 2003 was enacted by Parliament. The pending writ petitions were amended to incorporate a challenge to this order. This was allowed to them initially for the first few months. WITH A. Nos. The matter ultimately came up before the High Court.
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2005_413.txt
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By impugned order, the High Court remanded the case to the SDJM to decide the application afresh. By order dated 21.11.2011, the SDJM partly allowed the application and awarded Rs.2000/ per month towards maintenance for her minor daughter but rejected the application insofar as it relates to award of maintenance to the respondentwife on the ground that she is number the legally married wife of the appellant herein. Case No.28/2009 and remanded the case to the SDMJ to decide the application filed by the respondent herein afresh. In our companysidered opinion, the High Court erred in remanding the case to the SDJM for fresh inquiry and for fixing the maintenance for the respondent wife . Having heard the learned companynsel for the parties and on perusal of the record of the case, we are inclined to modify the impugned order and fix the maintenance payable by the appellant husband to the respondent wife in addition to what has already been awarded by the SDJM payable for the minor daughter. case to be the legally married wife of the present petitioner and to decide the quantum of maintenance by recording proper evidence only on the point of income and to award proper maintenance to the petitioner as well as the minor child afresh within a period of three months of receiving the order of this companyrt. The appellant is the husband and the respondent is the wife. The respondent wife filed an application under Section 125 of the Code of Criminal Procedure, 1973 claiming maintenance from the appellant husband for herself and for her minor daughter. In the meantime the petitioner is directed to clear all the arrear maintenance towards the child that was granted earlier by the learned trial companyrt till the companyrt decides the matter afresh. The companycluding part of the impugned order remanding the case to SDJM reads as under In view of the impugned order passed by the learned companyrt is hereby set aside. The matter is remanded to the learned trial companyrt to declare the respondent petitioner in the misc. It is against this order, the respondentwife felt aggrieved and filed revision in the Guhati High Court. Heard Ms. Seema Sharma, learned companynsel for the appellant and Mr. Sahil Tagotra, learned companynsel for the respondent. This appeal is directed against the final judgment and order dated 01.08.2017 passed by the Gauhati High Court at Guwahati in Criminal Signature Not Verified Digitally signed by ASHOK RAJ SINGH Date 2019.03.07 172912 IST Reason Revision Petition No.102 of 2012 whereby the High Court while disposing of the Criminal Revision Petition filed by the respondent herein, set aside the order dated 21.11.2011 of the subDivisional Judicial Magistrate SDMJ , Gossaigaon, Assam in Misc. Abhay Manohar Sapre, J. It is against this order, the appellant husband has filed this appeal by way of special leave in this Court. A few facts need mention for the disposal of this appeal. Leave granted.
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2019_901.txt
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This appeal by special leave is directed against the judgment of the High Court of Karnataka dated November 20, 1974, upholding the judgment of Sessions Judge of South Kanara dated July 16, 1974, setting aside the companyviction of respondent Krishnaiah for an offence under Section 7 of the Essential Commodities Act and the sentence thereunder. N. Shinghal, J.
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1976_56.txt
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1298 and 1299 of 1969. On the formation of the new State of Punjab on November 1, 1956, with the merger of the erstwhile Pepsu and Punjab States the appel lant was integrated in the service of the new State of Punjab as permanent Assistant in the grade of Rs. 1298 of 1969 arises out of his suit for arrears of salary. By a Notification of the Punjab Government No. 1299 of 1969 is companycerned with the appellants suit for declaration of his dismissal order dated October 21, 1959, as void and illegal. Thus he was integrated in the new State of Punjab as a companyfirmed Assistant. The appellant instituted a suit in March 1962 challeng ing his order of dismissal dated October 21, 1959, as void and unconstitutional praying for a declaration that he companytinued to be in service of the Punjab State. On October 21, 1959, the Financial Commissioner Revenue passed the order of dis missal. 150 10 300/ and was actually getting Rs./70/ per month on October 21, 1959, the date of his dismissal in the office of the Financial Commissioner, Punjab. the said numberice on October 6, 1959. That your wilful absence from duty after the expiry of earned leave sanctioned to you upto the 31st October, 1958, is a misbehaviour. On January 27, 1959, the appellant was served with a chargesheet by the Financial Commissioner Development Punjab asking him to show cause why he should number be dismissed from Government service for his wilful absence from duty after the expiry of the earned leave sanctioned to him upto October 31, 1958, which was described as misbeha viour. Before his integration in Punjab he was governed by the Patiala and East Punjab States Union Civil Services Punishment and Appeal Rules, 1953 briefly the Pepsu Rules which were made in exercise of the powers companyferred by the proviso to Article 309 of the Constitution. recovered he reported for duty at Simla on March 2, 1959 and he was permitted to resume his duty on furnishing. Examination to be held in April, 1959. 278/12/ per mensem from 5.6.1962 to 4.7.1962 and Rs. 290/ per mensem from 5.7.1962 upto the date of the decree. 976GII 87/2499, dated February 9, 1957, these Pepsu Rules companytinue to apply as from 1st November, 1956, to the companyresponding services, posts and personnel of the new State of Punjab till further orders. There was an enquiry by the Deputy Secretary Development in May 1959. The appellant submitted his explanation on March 11, 1959. 1299 of 1969 in this judgment as the decision therein will govern the other appeal. These appeals are by certificate of the High Court of Punjab and Haryana. It is admitted by the respondent that the appellant initially joined service in the State of Patiala in 1948 as a Clerk and he was companyfirmed as an Assistant in the Pepsu Civil Secretariat by an order dated October 31, 1956, of His Highness the Rajpramukh, which is the previous day of the appointed day under the State Reorganisation Act, 1956. Meanwhile the appellant himself became seriously iII and prayed for leave from 1.11.1958 to 28.2.1959 0n the basis of a medical certificate granted by Dr. Inder Singh Sodhi,, Retired Civil Surgeon, Pepsu, Patia la. According to the plaint, the appellant, due to serious illness of his mother, proceeded from Simla where he was working to Patiala on casual leave on 8th July, 1958, with the. 1299 of 1969 arises is the principal judg ment following which a short order was passed by the High Court dismissing the other suit of the appellant for arrears of salary. 8,689/ as arrears of his salary and allowances and also a further decree for Rs. He was served with a second show cause numberice on August 14, 1959, enclosing the report of the Enquiry Officer. This, therefore, clearly shows that you are number actually ill but are malin gering, and have knowingly defied Government orders. companytinued to be seriously ill and was unable to attend his duties. He obtained extension of leave on account of illness of his mother, wife and daughter. In June 1962 he instituted a second suit as pauper claiming a decree for about Rs. The chargesheet, inter alia, stated 1 You deliberately deed the orders and again applied for extension of leave upto the 31st December, 1958 reigning yourself to be iII, and also threatened that in case leave was number allowed, you might be granted interview with the Revenue Minister X X X That on the one hand you have been applying for grant of extension of leave on account of your own illness and on the other, you have requested that you may be allowed to appear in B.A. Appeal from the Judgment and Decree dated the 9th Au gust, 1966 of the Punjab and Haryana High Court in Regular First Appeals Nos. a certificate of fitness granted by the aforesaid Retired Civil Surgeon. The State Government appealed to the High Court and the same was allowed on August 9, 1966 and both the suits were dismissed. The facts may number be briefly stated The appellant who was the plaintiff in the companyrt below was appointed as a Clerk in the Patiala State some time in July 1948. As already stated, two suits were filed by the appellant in 1962. Civil Appeal No. Both the suits were decreed by the trial companyrt. The authorities declined to sanction the leave. H. Hingorani for the Appellant. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. sanction of the companypetent authority. The High Court granted certificates in both the appeals. 134 and 120 of 1963. The Judgment of the Court was delivered GOSWAMI, J. The following facts are relied upon by the appellant in order to sustain his submission. High Court and the judgment out of which Civil Appeal No. The appellant submitted his representation to. The appellant also. P. Sharma for Respondent. Both the matters were heard together in the. When he.
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1977_72.txt
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It appears that after the order dated 4.9.1991 was passed in the Reference under Section 30 of the Act, the appellants received the companypensation on 5.9.1991. 75/1992 was decided by the Second Additional District Judge, Beed by order dated 29.10.1993 enhancing the companypensation amount by an additional sum of Rs.2,10,000/ along with solatium, interest etc. 94/1985 came to be disposed of by the learned Second Additional District Judge, Beed on 4.9.1991 holding that the present appellants claimants 1 and 2 are entitled to companypensation in respect of 20 acres of the acquired land and the remaining parties claimants 3 to 7 for companypensation in respect of remainder of the acquired land. The aforesaid Reference which was numbered as L.A.R. The Reference under Section 30 made by the Collector which was registered and numbered as A.R. The High Court, accordingly, reversed the Award dated 29.10.1993 passed by the Reference Court granting enhanced companypensation to the appellants. The brief facts of the case may be usefully recited as hereunder Acquisition of a total area of 8 Hectares 40 Ares companyered by Survey No.49 situated at village Phule Pimpalgaon in Taluka Majalgaon of Beed District was initiated by a Notification under Section 4 of the Act which was published in the gazette on 13.03.1980. As there was a dispute with regard to the ownership of the land, the Collector Special Land Acquisition Officer referred the matter to the civil companyrt for apportionment of companypensation under Section 30 of the Act. Though the precise date is number available, within six weeks from the date of the order dated 4.9.1991 the appellants sought a Reference under Section 18 of the Act for enhancement of the companypensation awarded. Accordingly, the appeal filed by the State was allowed and the Award passed by the Second Additional District Judge in A.R.No.75/1992 was reversed. This appeal is directed against the judgment and order dated O9.2008 passed by the High Court of Bombay at Aurangabad holding the Reference made by the Collector under Section 18 of the Land Acquisition Act, 1894 hereinafter referred to as the Act to be barred by limitation. We have heard Mr. Sudhanshu S. Choudhary, learned companynsel for the appellants and Mr. Anirudh P. Mayee, learned companynsel appearing on behalf of the respondent State. RANJAN GOGOI, J. Aggrieved, this appeal has been filed. Leave granted. No.
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2013_710.txt
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23rd November, 1971, passed by the Delhi High Court there was numberstay of assessment proceedings and that Expln. Thereafter, the ITO issued numberices to the assessee firm as well as its partners under ss. 2745 47 of 1981 have been filed by Sunanda Rani Jain and Karuna Rani Jain, the two partners of the assessee firm in their individual capacity. 1 in s. 153 would include the passing of the order of assessment and since the passing of the order of assessment had been stayed by the Delhi High Court, there was a stay of assessment proceedings by the High Court. The said companytention of the appellants was rejected by the learned single judge on the view that the expression assessment proceeding in Expln. BY THE COURT The short question that falls for companysideration in these appeals related to the interpretation of the expression assessment proceeding in Expln. The partners of the assessee firm filed writ petitions in the Delhi High Court wherein they challenged the validity of the said search and seizure. 1 to s. 153 of the Act companyld number be invoked and that after the expiry of the prescribed period under s. 153, the ITO was number companypetent to issue the numberice in the assessment proceedings against the appellants. 2739 41 of 1981 have been filed by Auto and Metal Engineers, a partnership firm, and its partners while Civil Appeals No. On 24th April, 1971, a search was companyducted at the business premises of the assessee firm as well as at the residential premises of the partners and certain documents and papers were seized during the companyrse of search. The reply to the said numberices was submitted by the assessee on 21st November, 1974. 142 1 , 143 2 and 143 3 of the Act in respect of the assessment years mentioned above. In the said writ petitions, the case of the appellants was that under the interim order dt. 1 in s. 153 of the IT Act, 1961 hereinafter referred to as the Act . 2742 44 of 1981 and Civil Appeals No. Mr. Sharma, companynsel for the respondents, informed me that the matter is urgent as the assessment is liable to be time barred by March, 1972. The said writ petitions were admitted by the High Court on 26th October, 1971. The said interim order was companytinued till 12th August, 1974, when the writ petitions were dismissed by the Delhi High Court. In the said writ petitions an interim order was passed on 23rd November, 1971, by Rajinder Sachar J. as he then was in the following terms After hearing the companynsel of the parties I direct that the respondents may proceed on in pursuance of the numberice but numberfinal order be passed till the pendency of this writ petition. 1967 68, 1968 69 and 1969 70. The appeals relate to asst. Soon thereafter the writ petitions, which have given rise to these appeals, were filed by the appellants in the High Court of Punjab Haryana. Let the matter be heard in the second week of January, 1972. Letters patent appeals filed by the appellants against the judgment of the learned single judge were dismissed by the Division Bench of the High Court by order dt. I am informed that the case is companyplete inasmuch as the return of the respondents and rejoinder by the petitioner have already been filed. 11th December, 1980. Feeling aggrieved by the said order of Division Bench, the appellants have filed these appeals by special leave. Civil Appeals Nos.
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1997_571.txt
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These cartons outers were then placed in companyrugated fiberboard companytainers. These packets were packed together in paper cardboard cartons outers. It is these companyrugated fiberboard companytainers CFCs filled with cartons outers companytaining the packets of cigarettes of ten and twenty which were delivered by the assessee to the wholesale dealers at their factory gate. The cigarettes were packed initially in paper cardboard packets of ten and twenty. 5795/1999, 6117/1999, 8254 8255/2003 1758/2004 N. VARIAVA, J. In that case the respondent assessee was engaged in the manufacture of cigarettes. These Appeals are against Judgments of the Customs, Excise Gold Control Appellate Tribunal CEGAT . WITH A. NOS.
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2005_107.txt
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The remaining accused showered blows with lathis and Tabbal. According to Padumram the appellant shouted that the deceased be killed The latter was assaulted by Chaviram and Bundram with an iron fitted lathi and Tabbal respectively. The eyewitnesses were four, namely, PW 1 Padumram, PW 4 Nathu, PW 7 Banmali and PW 8 Ram Rattan. One was led by the deceased Khulesar while the other was led by one of the accused Prem Singh. The party to which Satyanarain belonged was companymonly known as Zakar Party. The facts briefly are that one Khulesar was murdered on October 25, 1966 at 12 numbern in village Kawali in the district of Bailaspur in Madhya Pradesh. Nathu did number mention the name of the appellant at all in his statement as one of the assailants. The Second Additional Sessions Judge, Bilaspur acquitted 12 persons and companyvicted the remaining 8 under Section 302 read with Section 149 and other sections on whom a sentence of imprisonment for life was imposed. Originally 20 persons were companymitted to stand the trial under Section 302, IPC, read with Section 149 and other sections. The first information report of the occurrence was lodged by Rooplal P.W. A number of proceedings and cross proceedings had taken place between these parties particularly under Section 107, Cr. In that report the name of the appellant was number mentioned. The other companyvicted persons also preferred appeals. This is an appeal by special leave from a judgment of the Madhya Pradesh High Court. All these appeals were disposed of by a companymon judgment by which the companyviction of all the appellants were upheld. P.C. 5 who was number an eye witness. The present appellant filed an appeal to the High Court.
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1972_137.txt
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The suit was dismissed.
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2018_892.txt
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Dodge Fargo Chassis supplied by the Governor. 11,268.45 received from the State Government of Orissa for building bodies on the chassis supplied by the Government, during the quarter. These three appeals by special leave are directed against the judgment of the Orissa High Court in three references made by the Orissa Sales Tax Tribunal under S. 24 1 of the Orissa Sales Tax Act, 1947, in respect of assessments for three quarters ending June 30, 1957, September 30, 1957 and December 31, 1957. On appeal, this claim was allowed by the Collector of Sales Tax, purporting to follow an earlier decision of the Orissa Sales Tax Tribunal. The Sales Tax Officer refused to deduct this amount. For the quarter ending June 30, 1957, the appellant, M s Patnaik Co., claimed to deduct from their gross turnover receipts totalling Rs. All these appeals raise a companymon question of law and it would be sufficient if facts relating to the assessment for the quarter ending June 30, 1957 alone are given. Sikri J. The Department appealed against this order to the Sales Tax Tribunal which, by its order dated June 2, 1961, affirmed the order of the Collector. The State had accepted the quotations and decided to place orders for companystruction of 4 four numbers of Bus Bodies on the Chassis namely 4 four numbers of 190 Wheel Base F.F.C. was delivered by SIKRI J. SHAH J. delivered a dissenting Opinion. The Judgment of P. B. GAJENDRAGADKAR C.J., M. HIDAYATULLAH, M. SIKRI and R. S. BACHAWAT JJ. V. Viswanatha Sastri and R. Gopalakrishhnan, for the appellants in all the appeals . 179 to, 181 of 1964. C. Setalvad, R. Ganapathy Iyer and R. N. Sachthey for the respondent in all the appeals . Appeals by special leave from the judgment and order dated August 21, 1962, of the Orissa High Court in O.J.C. 28 of 1961. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. No.
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1965_345.txt
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For more than 2 years she did number have any companytact with Anisha till in May, 2005 she forcibly removed Anisha from her paternal grandmothers custody. Despite the finding that during the period when Anisha was in the petitioners custody she had been well looked after and cared for and the petitioner had dutifully discharged his parental responsibility towards her. The child remained in custody of the petitioner father between November, 2005 and 2nd February, 2007, when the husband was directed to make over the custody of the child to the respondent wife and since then she has been in the custody of the respondent wife. On 24th November, 2005, with the help of police personnel from Chamboor Police Station, she took away Anisha from the custody of the petitioners mother. The petitioner recovered the custody of the daughter on 30th November, 2005 and this resulted in both the husband as well as the wife filing separate Custody Petitions before the Family Court in December, 2005. It was submitted that having found that Anisha had been well looked after during the period of petitioners custody and the respondent wife was trying to poison the childs mind against the petitioner and having also held that from the psychiatric evaluation made that the respondent wife had a manipulative personality, apart from having a tendency towards psychosis which needed medical attention, the High Court erroneously chose numbere to interfere with the order of the Family Court directing custody of minor Anisha to be made over to the respondent wife. A girl child, Anisha, was born on 2nd March, 2002. The Family Court Appeal No.29 of 2007, which was filed by the petitioner husband, was directed against the judgment and order of the Family Court directing that custody of the minor child be made over to the respondent wife. On 20th December, 2005, the Family Court granted weekend access visitation right to the respondent wife and by a subsequent order dated 15th September, 2006.
the Family Court granted interim custody of the child to the petitioner husband pending hearing and final disposal of the Custody Petition. Despite the said legal position, the High Court, after carefully companysidering the various other aspects companyducive to the childs welfare, and despite the interim order of custody in favour of the petitioner husband, chose number to interfere with the order of the Family Court and directed that the custody of minor Anisha should companytinue to be with her mother, the respondent herein, and that sufficient access provided to the petitioner father would meet the ends of justice. In fact, at one stage this matter also once appeared before us and certain specific directions were given regarding the manner of access of the petitioner husband to Anisha. The petitioners prayer for Anishas custody, therefore, was rejected and being aggrieved thereby, the petitioner husband has filed the instant Special Leave Petition. Two appeals being Family Court Appeal No.29 of 2007 and Family Court Appeal No.61 of 2007 were filed by the petitioner husband and the respondent wife respectively. In the other appeal, the respondent wife challenged the order of access made in favour of the petitioner husband on every alternate weekend and to share 50 of the School Vacations with the petitioner. These petitions involve the final stage of a custody battle on account of disruption and finally a break down of the marriage ties between the petitioner and the respondent. The nuclear family, along with the mother of the petitioner husband, resided together at Chamboor, Mumbai till July, 2004 when, for whatever reason, the respondent wife left the matrimonial home to stay with her parents at Bandra. It was further urged that the High Court had number properly appreciated the fact that when the respondent wife left the matrimonial home in July, 2004 to pursue film and television career, she left Anisha behind when she was only 2 years and 4 months old, thereby virtually abandoning the child when she needed her mothers care the most. On behalf of the petitioner husband it was urged that the judgment and order of the High Court suffered from various infirmities. While disposing of the pending appeals, the Division Bench of the High Court had occasion to companysider the legal and practical approach regarding custody of the minor in the light of the well established doctrine that in these cases, the welfare and interest of the minor was the paramount companysideration. The petitioner and the respondent got married in Hyderabad on 11th August, 2000. Having dealt with the relevant provisions of the Hindu Minority and Guardianship Act, 1956, since the parents as also the minor is a Hindu and while passing the final order the Division Bench was fully alive to the fact that under Section 6 of the above Act the father is the natural guardian of the person of the minor during his minority. Altamas Kabir, J.
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2010_272.txt
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141, Cotton Street. 140 and 141, Cotton Street. On the 20th January, 1848, Muni Bibi by an arpannama dedicated 140, Cotton Street, to the Thakur. Muni Bibi and Jiban Kumari also became the she baits of the Thakur or deity with power to appoint their successors. In 1870, Muni Bibi died, and, on the 15th January, 1872, Jiban Kumari ap pointed Gourimoni Devi a shebait by a registered deed and dedicated the premises known as 141, Cotton Street, to the deity. 31,740 should be paid to the deity. In the same year, on the 8th December, Jiban Kumari granted a permanent lease to Bhairo das Johurry, in respect of the premises known as 141, Cotton Street at a rental of Rs. 140 and 141, Cotton Street, as well as two adjoining premises with which we are number companycerned in this case. 140, Cotton Street, in her capacity as a shebait in favour of one Nehal Chand Panday who was admittedly a benamidar for one Bhairodas Johurry , at a rental of Rs. Both Jiban Kumari and Gourimoni Debi died shortly afterwards, and Gopal Das, a minor son of Gourimoni, became the shebait of the idol. During his minority, his father, Raghubar Dayal, became his certificated guardian, and, in that capacity, he executed a usufructuary mortgage deed in respect of the Cotton Street properties to one Lal Behari Dutt, on the 31 August, 1878. On the 23rd August, 1836, these persons executed a deed of solenama which was in the nature of a family arrangement, by which the remainder of the estate of Sewanarayan i.e., what was left after excluding the dedicated properties was divided in the terms of his will, with the result that Muni Bibi got subject to certain companyditions, among other properties, the premises described as 140, Cotton Street, and Jiban Kumari got the companytiguous premises, No. 31,740 as companypen sation for landlords interests, to be shared by the deity as owner and two of the Bagarias, respondents Nos. 95 of 1935. 90 p.m. See exhibit K a kabuliy at executed by Johurry in favour of Jiban Kumari . These premises belonged at one time to one Sewanarayan Kalia, and afterwards they became the property of a deity, Sree Sree Iswar Gopal Jieu Thakur, installed by Sewanarayan Kalia at Chinsurah in the district of Hoogly. Sewanarayan, who had three wives, died in 1836, leaving behind him his third wife, Muni Bibi, two daughters by his predeceased wives, these being Jiban Kumari and Amrit Ku mari, and a mistress named Kissen Dasi. 95, and m the same year the three respondents 1 to 3 also acquired the lessees interest in the Cotton Street houses. After the death of Raghubar Dayal one Ajodhya Debi and after her one Kalicharan Dutta became the certificated guardian of Gopal Das, and, on the 17th August, 1890, the latter mortgaged some debutter properties including 140and 141, Cotton Street, to Lal Behari Dutt for a sum of Rs. 95 in their capacity of usufructuary mortga gee, and awarded a sum of Rs. On attaining majority, Gopaldas executed on the 17th January, 1896, a usufructuary mortgage deed in respect of all debutter properties includ ing the Cotton Street houses in favour of Lal Behari Dutt for paying the previous mortgage dues which amounted on that date to Rs. On behalf of the deity, the entire amount of companypen sation money was claimed by Deosaran Singh and Ram Lakshman Singh, who alleged themselves to be shebaits, on the basis that the premises in question were debutter properties of the deity, and the Bagarias had acquired numberinterest therein either by the assignment of the usufructuary mortgage or the alleged purchase of the tenants rights in the properties. It is recited in this deed, among other things, that on account of annual droughts and inundation and companysequent diminution in the produce of the lands, certain properties dedicated to the sewa of the deity had been sold for arrears of revenue, that Jiban Kumari had been making advances from her private funds for the expenses of jatra, mahotsob etc.,
of the deity, when the amount fell short, this being against the provisions laid down by her late husband, that the house known as 140, Cotton Street, having been let out, was yielding a rent of Rs. About 20 years later, on the 30th September, 1869, Muni Bibi created a permanent maurasi mokrari lease of the premises bearing No. 25 p.m. See exhibit L a kabuliyat executed by Nehal Chand in favour of Muni Bibi . By 1918, Lal Behari Dutt also was dead, and his interest in the mortgaged properties, to which reference has been made, was sold to one Naba Kishor Dutt on the 12th December, 1918. 95 of 1935 in the Court of the Calcutta Improvement Tribunal. 95 and appellants Nos. On the 17th November, 1933, Naba Kishor assigned the mortgagees interest in the mortgaged properties to two of the Bagarias, respondents 1 and 2 in appeal No. This deed provided among other things that the mortgagee was to companylect rents, outgoings, carry on the sheba of the deity, and that whatever balance was left out of the income of the property was to go towards the satisfaction of the mortgage dues. On the 22nd May, 1935, the Collector awarded Rs. Meanwhile, Deosaran Singh and Ram Lakshman Singh, who had put in claims as shebaits, retired from the companytest, and the President of the Tribunal appointed one Narendra Nath Rudra as the next friend of the deity to represent and protect its interests. 95 and 96 of 1949. 95 at first claimed the entire amount of companypensation on the allegation that they were the absolute owners of the prem ises in question, but later on they claimed only as mortga gees and permanent lessees of those premises. 95 and respondent in Civil Appeal No. Gopaldas died in 1900, leaving behind him surviving his widow, Annapuma, who also died in 1905. 20 p.m., and that if this amount was included in the expenses for the sheba etc.,
of the deity every month, the provision made by her deceased husband may remain in force. On the 31st August, 1938, the President of the Tribunal gave his decision, by which he substantially upheld the award of the Collector, but modified it in one respect only. 1, 2 and a as companypensation for their rights as perma nent tenants of the premises in question. The land acquisition proceedings, which have given rise to these appeals, were started about the year 1934 in respect of the premises bearing Nos. He held that the usufructuary mortgage, on the basis of which re spondents 1 and 2 had put in a claim, had been paid off and therefore they were number entitled to any companypensation, and the whole sum of Rs. These appeals are directed against the judgment and decree of the High Court of Judicature at Fort William in West Bengal, companyfirming a decision of the Presi dent of the Calcutta Improvement Tribunal, which modified an award of the First Land Acquisition Collector of Calcutta, made under the Land Acquisition Act in respect of the acquisition of two premises, which may companyveniently be referred to as Nos. Subsequently, the present appeals were preferred to this Court, the deity having obtained a certif icate granting leave to appeal from the High Court, and the Bagaria respondents having obtained special leave from the Privy Council to prefer a cross appeal. In these proceedings, the following claims were put forward by three sets of persons The Bagarias respondents 1 to 3 in appeal No. 30 p.m., that after deducting the necessary expenses the surplus income left was Rs. The main question which has been raised in this case is whether the two ladies were companypetent to give debutter properties by way of permanent lease to another person. 20 and 173 of 1939 which arose out of a decision of the President of the Calcutta Improvement Tribunal in Case No. 1,58,000 to the respondents Nos. In the present appeals, we are companycerned with the first two claims only, and we shall briefly state how they were dealt with by the Collector and the companyrts below. P. Sinha Nagendra Nath Bose, with him for respond ents Nos. In order to understand the points of companytest between the various claimants to the companypensation awarded in the case, it seems necessary to refer to certain facts showing how they came to be interested in the premises which are the subject matter of the land acquisition proceedings. CIVIL APPELLATE JURISDICTION Appeals from judgments and decrees of the High Court of Judicature at Calcutta dated 25th August, 1943, in First Appeals Nos. Civil Appeals Nos. Panchanan Ghose Upendra Chandra Mullick, with him for the appellant in Civil Appeal No. Subsequently, 3 separate petitions of reference were filed by the a claimants against the Collectors award and the reference made by the Collector in pursuance thereof was registered as apportionment case No. N. Mukherjee, for respondent No. 4 claimed companypensation as a lessee for 99 years on the basis of a lease alleged to have been given to him by the original landlords. Two appeals were thereafter preferred to the High Court by the two main companytesting parties and ultimately both these ap peals were dismissed, and the High Court upheld the decision of the Tribunal. 2,230. 4,955 and odd. Respondents 1 to 3 however were held entitled to the sum of Rs. 1 to 3 in Civil Appeal No. 1 and 2 in appeal No. 4 in Civil Appeal No. The judgment of the Court was delivered by FAZL ALl J. Respondent No. March 14.
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1951_20.txt
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The petitioner has annexed each of the aforesaid 62 GOs companypositely as Annexure II and a chart showing the details of these 62 GOs as Annexure I to the writ petition. However, the petitioner companyld only obtain 36 GOs being passed on that day hence annexed only such G.Os. The allegation is, further batch of large number of GOs were passed on the 29th January, 1988 by the successor Ministry. The allegation in the writ petition is that after the death of Thiru M.G. Ramachandra on 14th December, 1987, the Government, during the interim period passed large number of GOs under Section 113 recklessly and indiscriminately and as per information of the petitioner about 73 GOs were passed on one day, viz.,
on 31st December, 1987. A perusal of the exercise of power in each one of them by the first respondent Government shows a companysistent and mechanical pattern in granting the exemption, about which we shall be referring later. We may record here the State Government has number filed any companynter affidavit against all these allegations made in the writ petition which was filed in the year 1988.
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2000_656.txt
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Those rules were repealed and replaced by the Indian Railways Medical Service District Medical Officers Recruitment Rules, 1973. Under the Rules of 1965 and the Rules of 1973, the posts of District Medical Officers were treated as selection posts. During the years 1970 to 1972, the petitioners were selected by Departmental Promotion Committees for officiating appointments to the Class I posts of Divisional Medical Officers, when the Indian Railway Medical Service District Medical Officers Recruitment Rules, 1965 were in force. 8353 of 1981. 752 E/530 E1A dated November 22, 1979 as well as the appointments made to the posts of Medical Superintendents by the Railway Ministrys letter No. E O III 81 PM6/199 dated August 31, 1981 are quashed. M. Abdul Khader, Girish Chandra and Miss A. Subhashini for the Respondents. To give effect to the recommendations of the Third Pay Commission, the scales of pay of existing categories of officers were revised. Under Article 32 of the Constitution of India P. Rao and Parijat Sinha for the Petitioners. ORIGINAL JURISDICTION Writ Petition No.
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1985_361.txt
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In proceedings for assessment of the firm for the year 1959 60 it was claimed that the shares which stood registered in the name of Kishanchand belonged number to the Hindu undivided family but to the firm of Messrs. Mangoomal Kishanchand. On August 23, 1956 a partnership was formed between Kishanchand representing the Hindu undivided family of himself and his five sons and Shyam Sundar and Girdharial, for carrying on the business of Messrs. Mangoomal Kishanchand. Under the deed of partner ship, Shyam Sundar and Girdharlal were each entitled to a seventh share and the remaining five sevenths share was to belong to Kishanchand as karta of the Hindu undivided family. He held that the Hindu undivided family was the real and legal owner of the shares, and that the shares were at numbertime the property of the firm. The Judgment of the Court was delivered by Shah, J. Kishanchand Bajaj and his seven sons formed a Hindu undivided family which owned shares exceeding Rs. The family companymenced business in money lending and gs companymission agents on May 16, 1956 in the name of Messrs. Mangoomal Kishanchand and in the books of account of the firm the shares which stood registered in the name of Kishanchand with the companypanies were credited as capital of the business. On August 22, 1956 Shyam Sundar and Girdharlal, two of the sons of Kishanchand separated from the family, each receiving rupees two lakhs in lieu of his share. In ,,second appeal to the Income tax Appellate Tribunal it was companytended on behalf of the Hindu undivided family Oat the dividend from the shares companyld be assessed only in the hands of the person who held ownership legal as well as equitable in the shares, and as the family had ceased to be the equitable owner of the shares, the Hindu undivided family companyld number be assessed under the Income tax Act, 1922 on the dividend. The Tribunal then referred under s. 66 1 of the Indian Income tax Act, 1922, the following question to the High Court of Mysore for opinion Whether on the facts and circumstances of the case, the dividend income from shares standing in the name of Kishanchand Lunidasingh Bajaj and acquired with the funds of the Hindu undivided family of which the said person was the karta was assessable in the hands of the assessee family ? Dividends received in respect of the shares were credited to the profit loss account of the firm. The Income tax Officer rejected that companytention. Srinivavan and R. Gopalakrishnan, for the appellant. 19,1963 of the Mysore High Court in I. T. R. C. No. K. Daphtary, Attorney General, R. Ganapathy Iyer, R. H. Dhebar and R. N. Sachthey, for the respondent. The order of the Income tax Office was companyfirmed in appeal by the Appellate Assistant Commissioner. 91,000 in value, in public limited companypanies. The Tribunal rejected the companytention. CIVIL APPELLATE JURJSIDCTION Civil Appeal No. 234 of 1965. 6 of 1963. Appeal by special leave from the judgment and order dated July.
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1966_89.txt
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The said Lalji and Laxmanrao sub let the land to the father of the plaintiff respondents. The first appellate companyrt even after recording a finding that the name of Laxmanrao companytinued to be recorded in the revenue record along with the defendant appellant was of the view that since Laxmanrao never cultivated the land and had numberconcern with the land, the defendant appellant was the sole owner of the land. The plaintiff respondents brought a suit in the companyrt of civil judge, Dhar for declaration that they being the sub tenants of the land in dispute had acquired occupancy rights and thereafter have become Bhoomiswami of the said land. Her case, inter alia, was that the land was exclusively belonged to her father, that she let out the land to the plaintiff respondents and, that, she being a widow, was a disabled person and numberoccupancy right and for that matter, Bhoomiswami right would accrue to the plaintiff respondent in respect of land in dispute. After the death of Lalji, his widow Bainabai and after her death her daughter became the companytenant along with Laxmanrao in respect of the disputed land, and they were recorded as such in the revenue record. The trial companyrt found that the defendant appellant was number a widow and, further, there were two tenants and, therefore, plaintiff respondents have acquired occupancy right and thereafter have become Bhoomiswami of the said land. It was a further case of the plaintiff respondents that after the death of their father, they companytinued to hold the land as sub tenants of the defendant appellant and thus have acquired occupancy right on companying into force the Madhya Pradesh Land Revenue Code hereinafter referred to as the Code and companysequently have become Bhoomiswami of the said land under section 189 of the Code w.e.f. The case of the plaintiff respondents was that the land companyprising in survey Nos. The High Court proceeded to decide the appeal on the assumptions that the defendant appellant was an exclusive tenant of the land in dispute and further she was a widow. 2, 21, 99, 242, 244 and 309 situate at village Mangaol belonged to the defendant appellants father Lalji along with Laxmanrao. The first appellate companyrt was further of the view that since the defendant appellant was a widow, therefore, she was a disabled person and under such a case, numberright would accrue to the plaintiff respondents in respect of the land in dispute. The defendant appellant companytested the suit. 1.7.1961. Aggrieved, the defendant appellant preferred an appeal before the first appellate companyrt. This appeal is directed against the judgment of the Madhya Pradesh High Court allowing the second appeal preferred by the plaintiff respondents, herein. In that view of matter, the suit was decreed.
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2002_1083.txt
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The appellant was found eligible for the promotion as Executive Engineer and thereafter as a Superintending Engineer and then as a chief Engineer and ultimately Engineer and then as a chief Engineer ad ultimately as Engineer in Chief by proceedings dated May 16, 1994 and he was accordingly promoted. Engineers, unless they were appointed substantively to the post of permanent Asstt Engineers, they cannot steal a march over the appellant as a companysequence, he became senior to them. Pursuant to an advertisement for appointment to a post of a temporary Asstt. the High Court has held that since the respondents were already working as on the date when the appellant had entered the service as Executive Engineers though as temporary Assistant Engineers, their seniority has to be reckoned from the date of their initial appointment. Thus be became a permanent Assistant Engineer in Bihar Roads and Building Department, which was formerly known as Public Works Department. Engineer made in 1973 he was selected by the Public Service Commission and was appointed to the post on July 29, 1974. The Government of Bihar had issued Circular dated June 21, 1969 in which it was stated that 30 of the posts of permanent as well as temporary Engineers were available to the demobilised Army officers and the date of entry into the State service would be the date of their attaining the age of eligibility for appointment in the military service or actual date of entry, whichever is later. Pursuant thereto, the appellant made a request by a memorandum to the Government to companysider his case for permanent post available to the demobilised officers and appoint him to that post with effect from the date on which he joined the Army as Commissioned Officer. April 15, 1963 and the respondents having been, admittedly, recruited as temporary Asstt. December 29, 1966 and, admittedly, the other respondents were regularised as permanent Asstt. But it is number necessary to burden the judgment with minute details of the entire history of the case Suffice it to state that Major Yogendera Narain Yadav, the appellant in the main appeal, was a short Commissioned Officer in the Army as Engineer and was appointed on April 15, 1963 and was released from the Army on October 25, 1970. this Court directed that a fresh DPC be companystituted and in furtherance thereof the DPC was companystituted and the claims of all the respective persons were companysidered. It appears that pursuant to the directions issued in those writ petitions another DPC was companystituted and promotions were given to the respondents. Request was acceded to and an order came to be passed by proceedings dated December 6, 1977 giving him the date of his permanent appointment for the purpose of seniority in terms of the Government Circular dated June 21, 1969 with effect from April 15, 1963. When it was sought to get those promotions stayed and to companytinue him is his past service, all the matters were directed to be posted together. These appeals have a chequered history. Thereby they became senior to the appellant. When SLP bearing No.6794/94 was filed. Consequently, he filed a writ petition in the High Court, viz.,
CWOC No.1563/92 which went against the appellant. As a result, he cannot be promoted as against them. this promotion gave rise to filing of further writ petitions in the High Court which are the subject matters in other appeals. Thus all the appeals have companye up together. Leave granted in the special leave petitions.
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1996_1651.txt
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The proceedings for eviction were initiated against Hans Raj predecessor of respondents 1 4 under the Punjab Public Premises and Land Eviction Rent Recovery Act, 1973 hereinafter referred to as the Act , who was admittedly occupying a public premises. The predecessor of respondents having found to be an unauthorised occupant, and order of eviction was passed by the estate officer. Aggrieved, the respondents preferred an appeal before the appellate authority. Leave granted.
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2002_78.txt
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The levy of penalty was challenged by way of appeal before the CESTAT. It was accompanied by an application seeking waiver of the penalty imposed by the Commissioner of Customs in short the Commissioner . 5795 OF 2007 Arising out of SLP C No. Challenge before the High Court was to the order dated 10.1.2006 passed by the Customs, Excise Service Tax Appellate Tribunal in short CESTAT directing deposit of rupees two crores as a companydition precedent for entertaining the appeal. 8041 of 2007 Dr. ARIJIT PASAYAT, J. It was also submitted that the directions of the DGFT dated 17.12.1997 have number been companyplied, with even though certificates showing the use of the return stream were on record in parallel proceedings before the department. After hearing the parties, the CESTAT inter alia numbered as follows The learned Advocate for the applicants companytends in one hand that a letter of Ms. Indian Oil Corporation Ltd. written by its Assistant Manager, was on the record of the Commissioner in these proceedings and was number companysidered in spite of the directions in remand to companysider all materials. The customs authorities did number accept the stand of the appellant about its classification. Challenge in this appeal is to the order passed by the High Court of Gujarat dismissing the writ petitions filed by the appellant. Leave granted. CIVIL APPEAL NO.
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2007_970.txt
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It appears that investigation had been companymenced on the basis of certain information by the CBI. A search had been companyducted at the house of the petitioner on 20th November, 1997 by the Income Tax department and certain amount of cash, gold ornaments and silver ware were found. The petitioner filed a petition under Section 438 of the Criminal Procedure Code for grant of bail apprehending his arrest. The Union Territory of Chandigarh took numbere of the facts having found from the material available with the authorities in the shape of certain statements of account and other information desired to proceed against the petitioner under Sections 13 1 a b c d sub Section 2 of the Prevention of Corruption Act, 1988. Rajendra, Babu. Hence this petition challenging the said order. The High Court which had granted an interim relief earlier on the said petition, dismissed the same subsequently. J.
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1998_254.txt
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Since such refusal of Ramphal was in the presence of two others. Ramphal, who was then companyking, stood up and attempted to escape. According to the prosecution case and as testified by Jagdish immediately after the assault Ramphal was taken to the hospital by him Jagdish and Umesh number examined , who were present at the time of the assault. Jagdish and Umesh then carried Ramphal in a rickshaw to the Medical College Hospital, Rohtak where he was examined by Dr. Sushil Kumar Jain P.W.5 first. ASI Tota Ram them went to the hospital and after holding ingest upon the deadbody of Ramphal,sent it for autopsy which was performed by Dr. M.K. The appellant pleaded number guilty to the charges levelled against him and his defence was that at the instance of Jagdish and Ramphal he was falsely implicated in the case as he had, three days prior to the alleged murder of Ramphal, a quarrel with Jagdish and Umesh over their misbehaviour in their locality under the influence of liquor. Dr. Jain testified that at the time of admission Ramphal was fully companyscious and his blood pressure and pulse were numbermal. The blood stained earth recovered from the spot, the shirt removed from the deadbody of Ramphal and the knife recovered pursuant to the statement of the appellant were sent to the Forensic Science Laboratory F.S.L. Ramphal told the appellant that as he had number paid his earlier dues he would number oblige him any more. About twenty minutes thereafter the appellant came back with a knife and remarked that he would teach him Ramphal a lesson for insulting him in the presence of others. Shorn of details the prosecution case is as under Ramphal the deceased used to sell vegetables from his shoo cum residence in the Janta Colony, Rohtak city. for the murder of Ramphal on July 26, 1986 and the other under Sections 25 and 27 of the Arms Act, 1959 read with Section 6 of TADA for unlawful possession and user of a spring actuated knife. PF , ASI Tota Ram P.W.12 has left for the hospital. 1986 Ex. namely, Jagdish P.W.10 and Satbir Singh P.W.11 , the appellant felt insulted and left in a huff. Ramphal, who was admitted as an indoor patient in the hospital, was operated upon by Dr. Pradeep Kumar P.W.7 for his injuries but he succumbed to them on the following day i.e. To sustain the charge of murder levelled against the appellant the prosecution rested its case principally upon the ocular version jagdish P.W.10 and Satbir P.W.11 . Reaching there he found Jagdish present and recorded his statement Ex. In the meantime,however, at 11.30 A.M. to be precise the City Police Station, Rohtak had received a telephonic message from the above Police Post about the admission of Ramphal in the hospital with injuries on his person and, after recording that message in the daily diary book Ex. He prepared a rough site plan and seized some blood stained earth therefrom in the presence of Jagdish and Satbir. PEE a spring activated knife companycealed under the bricks in a deserted kotha towards the southern boundary wall of Hanuman Park, Rohtak was recovered in the presence of Jagdish P.W.10 and Daya Chand. After examination, Dr. Jain sent a medico legal report Ex. From the medico legal report Ex. After forwarding the statement to the Police Station for registering a case, Tota Ram took up investigation and went to the spot. In companyrse of the investigation the appellant was arrested on July 29, 1986 and pursuant to a statement made by him to Tota Ram on July 31. On companypletion of the investigation ASI Tota Ram submitted two separate charge sheets against the appellant one under Section 302 I.P.C. 550 of 1986 and Arms Act Case No. After recovery of the knife a separate case was registered against the appellant under the Arms Act, 1959 read with Section 6 of TADA. He however companyld number succeed in his attempt as the appellant gave him two blows with the knife one on the left side of the chest and the other on the abdomen,Jagdish and Satbir Singh, who were there still then. 551 of 1986. PS and a rukka Ex. and a special Report Ex. and one Umesh, who had reached there by chance, witnessed the assault. The Designated Court found them to be the most probable and natural witnesses and as their evidence stood amply companyroborated by the evidence of the doctors, the recovery of the knife pursuant to the statement of the appellant, and the report of the Forensic Science Laboratory held the appellant guilty of both the charges levelled against him. PD to the Police Post attached to the hospital where an entry in terms thereof was made by Constable Mangal Singh W.1 in the daily diary book at 1.45 P.M. Ex. July 27.1996 at 11.30 A.M. On receipt of that information the case which was earlier registered against the appellant under Section 307 I.P.C was companyverted into one under Section 302 I.P.C. On July 26, 1986 at or about 9 A.M. the appellant went to his shop and asked for some vegetables on credit. , Madhuban for chemical examination and human blood was detected on all those articles on such examination. By the impugned judgment and order the Court companyvicted and sentenced the appellant Devinder Pappy under Section 302 IPC and Sections 25 and 27 of the Arms Act, 1959 read with Section 6 of Terrorist and Disruptive Activities Prevention Act, 1985 TADA for short . Bishnoi P.W.9 . PZ at 2.40 P.M. which was treated as the FIR. In support of their respective cases prosecution examined twelve witnesses and the defence one. The subject matter of challenge in this appeal is the judgment and order dated May 30, 1987 rendered by the Designated Court, Rohtak, while disposing of Sessions Case No. PH was sent to the local Magistrate. Having carefully gone through the entire materials on record, we are unable to sustain the impugned judgement. The two cases arising out of the above chargesheets were clubbed and tried together and were disposed of by the impugned judgment in the manner indicated above. K. MUKHERJEE,J.
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1996_1229.txt
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1972 AIR 792 1972 4 SCC 764 with Civil Appeals.170 and 678 of 1971 Civil Misc. Petition No.
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1971_528.txt
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However, in the meanwhile one Duli Chand had filed a writ application being S.B. Civil Writ Petition No.9253 of 2005, which was dismissed by a learned Single Judge of the said Court following the order passed in Duli Chand supra . 10 Bonus marks were to be granted for candidates who were resident of a particular district, while 5 bonus marks to the candidates belonging to rural areas. Jaipur Bench, Jaipur in B. 1818/2001 and 1802/2001 before the said High Court inter alia companytending that in view of the said Full Bench decision, their position would be at serial Nos. Validity and or legality of the said provision for grant of bonus marks was questioned before the said High Court by filing writ petition in the year 1999. Civil Writ Petition No.1401 of 2003 before the High Court. 5510/2003 1818/2001 and 1802/2002 were also dismissed by the same learned Judge by an order dated 5th December, 2003. The question was referred to a Full Bench. Allegedly the State of Rajasthan appointed Bhanwar Lal Gosar Mothsar by an order dated 12th June, 2003. The said writ petitions remained pending. A Full Bench of the said Court by a judgment and order dated 18th November, 1999 held the said provision to be unconstitutional. Interpretation of a decision of this Court in Kailash Chand Sharma v. State of Rajasthan and others, 2002 6 SCC 562 is in question in this appeal which arises out of a judgment and order dated 14th February, 2006 passed by the High Court of Judicature of Rajasthan. A Division Bench of the High Court, however, by reason of the impugned judgment and order refused to interfere in the matter on the premise that the issue stands squarely companyered by the decision of this Court in Kailash Chand Sharma supra . Appellants challenged the said order before the High Court by filing yet another writ application being S.B. Upon declaration of the said law by the Full Bench of the High Court, appellants herein filed two writ petitions being No. 147 of 2006. Two writ petitions were filed by the appellants. Aggrieved by and dissatisfied therewith, the appellants filed an intra companyrt appeal being D.B. Appellants preferred an intra companyrt appeal thereagainst. Indisputably an advertisement was issued on 9th August, 1998 for filling up 10 posts of Physical Education Teacher Grade III. Appellants submitted their representations on 10th July, 2005 which were rejected by the respondents by an order dated 30th September, 2005. 103 of 2004 which was disposed of by a Division Bench of the High Court giving liberty to the appellants to make a representation to the companycerned authority within ten days with a direction to the authority to dispose of the same within three months thereafter. Special Appeal W No. Civil Special Appeal W No. 6 and 9 in the merit list. B. SINHA, J. Leave granted.
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2009_6.txt
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1600/ 2660 and plaintiffs No. 600/ 1100 with effect from 1.4.1979 and in the scale of Rs. 1400/ 2600/ with effect from 1.1.1986. As per the decree set out above, the plaintiffs are entitled only to the specific scales for which the decree was granted. The decree passed by the trial Court runs as follows As a result of my findings above, the suit of the plaintiffs succeeds and the plaintiffs are granted a decree for declaration to the effect that plaintiffs No. 700/ 1250 with effect from 1979 and from 1.1.1986 grade of Rs. 12 to 16 are entitled to receive pay scale of Rs. Thereafter, the respondent plaintiffs filed an Execution Application claiming the revised scales of pay and for that purpose they have relied upon the decree passed in the suit. The suit is, therefore decreed with companyts and a direction is given to fix the pay scale of the plaintiffs within two months and thereafter release the arrears. The Execution Court allowed the application granting the respondent the revised pay scales and this order has been affirmed by the High Court in revision. The said decree was companyfirmed by the first Appellate Court and the Second Appellate Court. Heard companynsel on both sides. Leave granted.
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2000_1204.txt
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Goyal transferred his tenancy rights to Lala Hukam Chand. Sarjoo Prasad and J. P. Goyal for the appellant. K. Garg and A. N. Goyal, for respondent No. The appellant then served a numberice on January 4, 1960, terminating the tenancy and instituted an action in the Court of the City Munsiff, Saharanpur, against Virendra Goyal and Lala Hukam Chand for a decree in ejectment and for an order for payment of Rs. Under a deed dated October 28, 1949, Virendra Goyal, the first respondent herein, obtained permanent tenancy rights in 28 plots of land of the ownership of Lala Praduman Kumar. 250/ per annum as advance rent on the first day of January of each year, and in default of payment of rent for two companysicutive years the tenancy rights were to stand forfeited. 545/1 1 as rent and companypensation. The tenants prayed that they should be given relief against forfeiture of their tenancy rights under s. 114 of the Transfer of Property Act. 3310 of 1964. The tenant failed to pay the rent accrued due for two years. The tenant agreed to pay Rs. Pursuant to the lease several tenements were raised on the land demised. K. Garg, D. P. Singh, S. C. Agarwala, Uma Dutt and S. Chakravarti, for respondent No. 648 of 1966. In the Trial Court the tenants deposited an amount of Rs. Several companytentions were raised in their written statement by the defendants one of which alone is material. Appeal by special leave from the order dated December 4, 1964 of the the Allahabad High Court in Second Appeal No. The Judgment of the Court was delivered by Shah, J. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1969_38.txt
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The petitioners case is that the said claim was rejected on 2 1 1995 and then a demand was made for referring the dispute for arbitration as per clause 63 of the Arbitration Agreement on 6 3 1995. 1240 41 of 1997 are companycerned, a demand for arbitration was lodged with the respondents on 24 4 1995. That was with reference to the earlier claim lodged, according to the petitioner under clause 62 of the Arbitration Agreement on 5 1 1995. This demand for arbitration came to be rejected by the respondent authorities on 5 7 1995 and that resulted into another arbitration suit which was filed on even date, i.e., 24 8 1995 invoking the very same provisions of the Arbitration Act, 1940. 1242 43 of 1997, according to the petitioner clause 62 of the Arbitration Agreement was invoked on 30 11 1994. In SLPs C Nos. A further letter in support of the earlier demand dated 6 3 1995 was also submitted on 29 5 1995 and thereafter an arbitration suit was filed in the High Court of Bombay on 24 8 1995 invoking the jurisdiction of the Court under Section 8 read with Section 20 of the Arbitration Act, 1940. 1238 39 of 1997, according to the petitioner, the dispute was sought to be referred to arbitration by lodging a claim in that companynection by the petitioner contractor with the respondent authorities on 6 3 1995 pursuant to the earlier demand dated 20 11 1994. So far as SLPs C Nos. For resolving this question, a few relevant facts will have to be mentioned at the outset.
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1998_343.txt
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The assessee companytended that, accordingly, it was number obliged to pay excise duty on parts manufactured by it in its factory which were used by it in the same factory for the repair of old transformers. It was the case of the assessee appellant that it was merely repairing old transformers and number manufacturing them. The Tribunal disposed of this part of the assessees case by stating The appellant is liable to pay duty on the value of spare parts manufactured and used in the old transformers and numberduty is chargeable on the labour charges. The assessee thereupon filed an application before the Tribunal for rectification and pleaded that the Tribunal should clarify the aforementioned aspect of its case. In its order passed on the clarification application the Tribunal numbered the argument on behalf of the assessee based on the said numberification. Further, it was the case of the assessee that it was entitled to the benefit of an exemption numberification dated 30th April, 1975, issued under the provisions of Rule 8 of the Central Excise Rules whereby the Central Government had exempted from the whole of the excise duty leviable thereon goods which fell under Item 68 of the First Schedule to the Central Excises and Salt Act, 1944, which were manufactured in a factory and were intended for use in the factory, in which they were manufactured. This case the Tribunal accepted. Although the said numberification was reproduced in its judgment, the Tribunal did number discuss it number indicate why its benefit was number available to the assessee. This is an appeal against the order of the Customs, Excise and Gold Control Appellate Tribunal. It then made the following clarification in the relevant paragraph of its earlier order In view of the case law discussed above, we hold that the repair of transformers in the instant case does number amount to manufacture. It numbered that companynsel who appeared on behalf of the Revenue leaves the decisions to the Bench. P. Bharucha, J.
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1997_602.txt
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The matter of allotment of chambers to advocates is governed by Lawyers Chambers Allotment and Occupancy Rules. The claim of the petitioner for allotment of chambers is resisted by the respondent. On 7.10.1998, the lists for allotment of chambers were finalised and actual allotments were also made. The Chamber Allotment Committee companysidered all the applications and after due deliberation prepared a list of eligible Advocates in each category for allotment of chambers and the petitioner companyld number find a place in the said list. He was informed on 28.2.1999 by the Registry of this Court asking him to furnish the proof of appearances to enable them to finalise his application for allotment of chambers. Secretary, Supreme Court Bar Association Member President, Supreme Advocates on Record Member Registrar Admn. The petitioner is a Junior Advocate Non Advocate on Record of this Court and he has been a member of the Supreme Court Bar Association with effect from 12.11.1984. Thereafter, on 3.8.1998, the petitioner made a representation to Honble the Chief Justice of India that he was discriminated against on religious grounds and his name was for that reason number kept in the list of allotment of chambers whereas Advocates junior to him were on the list of eligible Advocates to whom chambers would be allotted. Under Rule 2 of the said Rules, Allotment Committee for Lawyers Chambers has been companystituted which companysists of the following Attorney General for India Chairman President, Supreme Court Bar Association Member Vice President, Supreme Court Bar Association Member Hony. On August 8, 1995, applications were invited in the prescribed format for allotment of chambers by the Registry of this Court and the petitioner applied for the same. ,
Supreme Court of India Member Registrar Judl. Not being satisfied with the material placed by the petitioner either in the shape of cause list or in the nature of this affidavit and having rejected his claim for allotment of chambers, this petition is filed. ,
Supreme Court of India Member Joint Registrar Admn. ,
Supreme Court of India Member The recommendations of the Allotment Committee for Lawyers Chambers are placed before a Committee of three Honble Judges of this Court designated by the Honble the Chief Justice of India for its companysideration and opinion and thereafter the entire matter is placed before the Honble the Chief Justice of India for final decision. The accompanying list of his cases filed by him are the cases most of which have been filed by through me in the Supreme Court for him and at his instructions, which cases have been companyducted by himself in the Supreme Court. The eligibility criteria and the mode and manner of allotment of chambers are that application has to be made in a prescribed form accompanied by a list of cases filed appearances made during the period 1.1.1993 to 31.12.1993 and 1.1.1994 to 31.12.1994 and was to companytain further specific details including cause numbers, cause titles and the dates of filing appearances in such cases during the said period. On this basis, the application filed by the petitioner was scrutinized and found to be defective inasmuch as the list of appearances filed with his application did number tally with the records of the Registry of this Court. On 13.10.1998, the petitioner sent a letter to the Registry accompanied by an affidavit of Mr. K.K.Gupta, to which we have adverted to earlier, stating that the cases filed by him were actually given for filing by Shri Rein and the petitioner, by his letter dated 28.10.1998, once again requested for personal hearing before the Allotment Committee. The petitioner had filed an affidavit of Shri K.K.Gupta, Advocate on Record to the following effect That as per my records Mr. Aeltemesh Rein, Advocate has been getting his cases filed in the Supreme Court through me for the last several years and many a times his appearance in those cases companyld number be given by me as I am too old and often remain ill. each year during the preceding two years prior to the date of inviting application in the Supreme Court of India. Subject to the above two requirements being companyplied with, the seniority of such persons shall be based on the date of their present admission to the active membership of the Supreme Court Bar Association. Thereafter, a letter was addressed to him on 31.7.1996 requesting him to furnish proofs in support of his list. The petitioner did number respond to the said letter. Such application was to be made on or before 31.3.1996. They must have put in number less than fifty appearances Admission and Regular Hearing matters excluding CMPs and Cr. That representation was rejected. RAJENDRA BABU, J.
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2001_595.txt
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The revision application filed by the appellant cannot be treated as infructuous and number entertainable merely because States application for grant of leave has been rejected. Special Judge Scheduled Castes and Scheduled Tribes Prevention of Atrocities Balotra, District Badmer, Rajasthan held the accused persons to be number guilty and directed their acquittal. on 20.9.2004, the appellant had filed an application for revision of the order of acquittal. In any event, this revision application has been filed earlier, and that should have taken up along with the application for grant of leave. State of Rajasthan filed application in terms of Section 378 3 Cr. As numbered above, by the impugned order the High Court dismissed the revision application on the ground that the States application for grant of leave has been dismissed and therefore the revision petition was number entertainable. The said respondents faced trial for alleged companymission of offences punishable under Sections 148 and 302 read with Section 149 of the Indian Penal Code, 1860 in short the IPC and Section 3 2 of the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, 1989 in short the Atrocities Act . By order dated 29.4.2005 the said application was rejected. This appeal is by the informant questioning companyrectness of the order passed by a Division Bench of the Rajasthan High Court at Jodhpur dismissing the revision application filed by the appellant under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 in short the Cr. for grant of leave to appeal. In support of the appeal learned companynsel for the appellant submitted that the High Court had summarily rejected the application for grant of leave filed by the State. questioning legality and companyrectness of the order of acquittal passed by the trial companyrt in respect of respondent Nos. P.C. 5630 of 2005 ARIJIT PASAYAT, J. By judgment dated 22.6.2004 the trial companyrt i.e. The order was a number reasoned, cryptic one and is number sustainable in view of what has been stated by this Court in several cases. Arising out of SLP Crl. Much before on that date i.e. Leave granted. 2 to 5.
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2006_538.txt
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722 728 1057.1062 1200.
k. venugopal and a. s. nambiyar for the appellants in as. 704 710 722 728 and 776 781.
gobind swaminadhan a. v. rangam n. s. sivam and a. subhashini for the respondents in c.as. number 672.
jayaram for the appellants in c.as. 1057 1062 11201125 1200 and 2301 and all the respondents in c.a. number 1224.
govind swaiminadhan s. mohan a. v. aangam and a. subhashini for the respondents in c.as. the state transport undertaking however was entitled as of right to the issuance of a temporary permit on the publication of a draft scheme under s. 68 cc . a draft scheme was prepared by the committee for nationalising the routes in question to the complete elimination of private operators. thereafter the governumber of madras inserted rule 23 a in the madras government business rules in exercise of his powers under art. 672702 704 710 722 728 776 781 of 1972 1057 1062 1120 1125 1200 1224 1298 1300 2301 of 1972.
appeals by certificate from the judgment and order dated february 3 1972 of the madras high companyrt in writ petitions number. the policy of nationalisation of passenger bus transport in the state of madras number tamil nadu was laid down by the government order dated june 7.
under that order all routes of 75 miles and above all routes radiating or terminating in madras city and all routes in the kanvakungi district were to be nationalised as and when the permits of the private operators expired. natesan k. jayaram for the appellants in c.a. 704.710.
k. venugopal and k. b. nambiyar for the appellants in as. number 677.
k. venugopal and vineet kumar for the appellants in a. number. 697 702.
c. aggarwala and a. t. m. sampath for the appellants in c.as. a number of operators again filed writ petitions challenging the draft scheme as also the validity of the tamil nadu act 18 of 1968.
that decision was affirmed by this companyrt in a. sanjeevi naidu etc. it was also provided by that rule that the powers and functions of the state government under s. 68 d of the act and the rules relating thereto were to be exercised by the secretary to the government of madras in the home department on behalf of the state government. in exercise of the powers and functions under the new business rule 23 a schemes of nationalisation were promulgated and published. 1 it was pointed out in that judgment that in the state of tamil nadu the state transport undertaking is a department of the state government. that scheme was struck down by the high companyrt. 883 884 885 886 942 992 993 994 995 of 1966 2061 2649 3825 of 1970.
k. sen.
k. jayaram for the appellants in c.a. it was provided thereby that the powers and functions which the state transport undertaking companyld exercise under s. 68c shall be exercised by the secretary to the government of madras in the industries labour and housing department on behalf of the state government. a number of writ petitions were filed in the high companyrt in 1967 challenging the validity of the draft scheme. in april 1968 an ordinance was promulgated by the governumber which was later replaced by the madras act 18 of 1968 which became effective from april 1 1968.
by that enactment s. 47 1 cc s. 58 2 a and s. 68 cc were added to the act. 1224 and 1298 1300.
the judgment of the companyrt was delivered by grover. under the first two sections the regional transport authority was to have due regard to the publication of the draft scheme in granting a permit or a renewal of a permit. 1120.1125.
vineet kumar for the appellant in c.a. 1 3 4 in c.as. 677 679 680 697 702. number. this scheme was published under s. 68 c of the motor vehicle act 1939 hereinafter called the act. j. these appeals by certificate arise out of a common judgment of the madras high companyrt given in a number of writ petitions filed before it by various stage carriage operators. as pointed out by the high companyrt a third attempt was made by way of filing writ petitions in the high companyrt out of which the present appeals have arisen to impugn the validity of chapter iv a of the act as amended by madras act 18 of 1968. 672 676 678 for respondents number. by the government order dated june 17 1967 a companymittee was companystituted for implementing the above decision. 166 of the company stitution. the facts have been set out in detail in the judgment of the high companyrt and need be stated only briefly. civil appellate jurisdiction civil appeals number.
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1973_7.txt
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The recruitment to the Andhra Pradesh Higher Judicial Service the Service is governed by the Rules called The Andhra Pradesh State Higher Judicial Service Special Rules the Special Rules . Constitution The service shall companysist of the following categories Category 1 District and Sessions Judges 1st Grade. Those writ petitions were filed before the Andhra Pradesh High Court by the direct recruits to Category II of the Service claiming seniority over the persons who were appointed to category 11 on temporary basis earlier to them. P. Rao and Ms. K Amreshwari, B. Rajeshwar Rao and Vimal Dave for the Petitioners. The petitioners and respondents 4 to 16 are District and Sessions Judges in the State of Andhra Pradesh. District and Sessions Judges. Category II District and Sessions Judges, Second Grade including Chairman, Andhra Pradesh Sales Tax Appellate Tribunal, Chief Judge, City Civil Court, Additional Chief Judge, City Civil Court, Chief Judge, Court of small Causes, Chief City Magistrate, Chairman, Tribunal for Disciplinary Proceedings, Presiding Officers, Labour Courts and Addl. 1968/82, 52/83 and 12282/85 decided on December 28, 1985. Solicitor General, K. Madhaya Reddy, G. Prabhakar, B. Kanta Rao, A. Ranganathan and A.V. Rao before us. The petitioners are direct recruits whereas the respondents were promoted from the Subordinate judiciary. 1237 of 1988. R. Reddy, Addl. Rules 1, 2, 4 and 6 of the Special Rules which are relevant are as under Rule 1. The petitioners who were appointed substantively in the year 1981 claim seniority over the respondents by way of this petition under Article 32 of the Constitution of India. The respondents were initially appointed on temporary basis in the year 1978/1979 but they were made substantive in the year 1983. Under Article 32 of the Constitution of India . Similar questions were raised as are being raised by Mr. P.P. It is number disputed that Special Leave Petition No.1035 of 1986 against the said judgment was dismissed by this Court on January 30, 1988. Rangam for the Respondents. The Judgment of the Court was delivered by KULDIP SINGH, J. ORIGINAL JURISDICTION Writ Petition C No.
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1993_796.txt
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It may be clarified that a petition for directions and number for companytempt has been moved. By the present petition, the petitioner companytends that the directions given by the Court have number been carried out and further directions are necessary to give full effect to the judgment of this Court. v. Union of India While allowing Writ Petition and Review Petition a number of directions were given in that judgment in relation to the companytentions raised before the Court.
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1984_256.txt
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has rejected the classification sought by the importer under CTH 8471. The importer claimed the items to be companyputers and or parts of companyputers. The importer filed 64 bills of entries. Against decision dated 31.7.2007, the importer preferred Customs Appeal No. The importer grouped the items in accordance with similar identical functions broadly under CTH 8471, 8473 and other headings falling under Chapter 84. sensors. Broadly, the importer categorized the imported items as follows PXI Controllers Input Output Modules also known as Modem or Control Adaptor Units Signal Converters. The products were companyputer based instrumentation products. Systems India Private Limited hereinafter referred to as importer is a 100 subsidiary of N.I. Vide decision dated 31.7.2007, the Commissioner A dismissed the appeal preferred by the importer. Aggrieved by the decision of the Additional Commissioner dated 15.11.2006, the importer preferred Appeal No. For example, the purpose of Data Acquisition Boards DAQ is to acquire data from external sensors, usually in the form of Analog Voltage of / 10 volts, which is then companyverted into digital signals, which the personal companyputer can understand. In other words, companytrollers and I.O. Modules each have a specific function to perform being parts of a measuring and companytrol system i.e. held that companytrollers are manufactured for a specific purpose and number as ADP Machines. 98/07 CUS B before Commissioner of Customs Appeals . Corporation at Austin, Texas, USA. The O.A. Assessee imports various products from its Holding Company and supplies the same to its customers in India. Facts M s. N.I. During the relevant assessment year, the assessee imported various products from their Principal. Chassis and its parts. under Chapter 90. H. KAPADIA, CJI Delay companydoned. Accordingly, the O.A.
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2010_481.txt
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While accused D.N. Accused D.N. The accused D.N. The defence of accused D.N. Prasad are all said to be under the signature of D.N. In the year 1970 accused D.N. Singh and who was functioning as an agent under the organisation of the accused D.N. In addition to that, the accused D.N. In the review slip and proposal form the accused D.N. Singh. 11 to 11/5 are the writings of D.N. He has also proved the writings and signatures of D.N. The Trial Court found the accused D.N. PW 5 had proved the signatures and writings of D.N. PW 6 who was the then Administrative Officer of LIC has stated that the appellant and D.N. Singh on Exts. Singh introduced proposal No. Prasad in proposal No. Singh introduced two fake proposals No. 2 of LIC, Patna out of which Rs. PW 4 is a tailor by profession before whom specimen writings of D.N. Singh are related and that the two Moral Hazard Reports Exts.4 and 4/1 are the writings and signatures uf D.N. It was on the basis of these allegations, the charges were framed against the accused D.N. P.K. Singh found in Exts. On the basis of the above facts and circumstances, the prosecution has charged the accused D.N. 2 of the Life Insurance Corporation of India hereinafter referred to as the LIC at Patna Branch during the year 1970 71, the appellant was working as an agent of LIC under D.N. PWs 2 and 3 Stenographers in LIC speak about the sanction order in respect of the prosecution of D.N. Prasad submitted a fake and forged authority letter Ext.87 to the Divisional Officer, LIC, Patna in the name of P.K. Singh on the applications under Exts. Prasad. Being aggrieved by the judgment of the Special Judge, the appellant along with accused D.N. According to the prosecution, the appellant therein who was the brother in law of the accused D.N. Prasad causing a wrongful loss to the LIC and wrongful gain to themselves. The review slip was accepted by the Divisional Officer, LIC, Patna on the basis of the fake and forged authority letter. 420.96 of P.K. Singh received the first premium companymission in respect of both the fake policies amounting to Rs. PW 1 who was the Sectional Head of Eastern Railway, Danapur speaks about the specimen writings and signatures of the appellant and accused D.N. Singh submitted another fake and forged authority letter dated 7.7.70 purporting to be of P.K. Singh and this appellant as having entered into a criminal companyspiracy to get undue pecuniary benefits and credit for themselves and cheated the LIC by misusing their official capacity and induced the LIC to issue the two policies on the life of P.K. An amount of Rs.240.96 bearing the accumulation of premium instalments which was paid towards the lapsed policy was kept unadjusted in the said policy in the Divisional Officer of LIC, Patna. On the basis of the said forged authority letter, the Divisional Office of LIC Patna accepted the said proposals without the deposit of the first premium. Singh and the appellant respectively. This appellant along with one Dip Narain Singh arrayed as accused No. Singh submitted a forged certificate Ext.8 regarding the date of birth of P.K. 31359 of the old lapsed policy No. Singh was functioning as a Development Officer at Branch No. A c of the appellant and cheques were debited in the LIC account and that the pay in slip Exts. 30,000/ on the life of P.K. Singh under Exts.1/32 to 1/48 had been taken. Singh is that he never forged the two questioned proposals, but he has signed the Agents Confidential Report and received the first premium and bonus companymission in respect of the two questioned proposals and added that he had number forged the signatures. 2 and 1 respectively before the Trial Court took their trial before the Special Judge C.B.I South Bihar, Patna, in that the appellant stood charged under Section 420 IPC and further along with Dip Narain Singh hereinafter referred to as accused D.N. On the review slip of the Branch, policy No. By the above illegal method, the Divisional Officer, Patna was induced to issue two policies in respect of the said two proposals on the basis of fake and forged documents. Singh taking advantage of the unadjusted amount of Rs. Prasad PW 15 for Rs. Singh and appellant as mentioned supra. Singh under Section 120B read with Sections 420, 468 IPC and 5 2 read with 5 1 d of the Prevention of Corruption Act. Singh had shown in companyumn of deposit particular as BOC No. Prasad purporting to be of B.D.O. PW 8 has deposed that the writing in Exts. 31359 of the same old lapsed policy of 1966 for transfer of the said amount in the new proposal Ext.6./1 . Singh and the appellant pleaded ot guilty. Prasad without his knowledge and companysent and by forging his signature in both the proposal forms giving two different addresses of the said P.K. 06640573 on the life of one Prabhat Kumar Prasad hereinafter referred to as P.K. 43221513 Ext.6 . Singh and the appellant were companyvicted under various provisions of IPC and P.C. 230 40 was adjusted towards the first premium of proposal No. In both the proposal forms, the Agents companyfidential report Exts.5 and 5/1 , Morla Hazard Report Exts.4 and 4/ 1 and personal statement of P.K. Singh and the appellant herein guilty under Section 120B read with Sections 420, 468 IPC and under Section 5 2 read with 5 1 d of the Prevention of Corruption Act and companyvicted them thereunder. Singh further received incentive bonus, companyveyance allowance and other credit. Prasad paid a sum of Rs. 7 and 8 on both the policies. 61.71 on 30.3.1966 towards the first premium. 29967891. Dip Narain Singh apart from the companybined companyspiracy charge, independently stood charged under Sections 420, 468, 477A of the IPC and 5 2 read with 5 1 d of the Prevention of Corruption Act and also under Section 104 of the Insurance Act. The appellant also received bonus companymission in respect of the said two policies amounting to Rs. 43172513 dated 16.5.70 Ext.6 and 43221513 dated 7.7.70 Ext.61/41 each for a sum of Rs. Coming to the question of sentence, the Trial Court sentenced the appellant for 3 years R.I. under Section 420 IPC, but passed numberseparate sentence against him for the companyviction under Section 120B read with Sections 420, 468 IPC and under Section 5 2 read with 5 1 d of the P.C. According to PW 10, who was the then Manager of United Commercial Bank, Patna in 1970 71, on 25.11.1970 and 5.12.1970 Rs. This appeal is preferred by one Nand Kumar Singh questioning the companyrectness of the judgment rendered by the Patna High Court in Criminal Appeal No. 43321513 Ext.6/1 giving the reference of BOC No. 50.38 and Rs. This policy was companytinued for about 1 1/2 years and thereafter discontinued. 29967891 was introduced by one Smt. 1916.95 andRs. An amount of Rs. Revealganj Block. 96 was transferred to Branch No. 29967691 Ext.28 was issued to him. 1 to 1/31. 5 of 1979. Singh preferred an appeal before the High Court in Criminal Appeal No.709/83 which appeal was dismissed by the High Court by a companymon judgment, companyering 3 other appeals in which the present appellant did number appear as a party. 43.45. 263.87 were credited in the S.B. 58.35. Ratnavel Pandian, J. 709/83 dismissing the appeal preferred by the appellant herein against the judgment of the Special Judge in Special Case No. Act and sentenced. 30168958 was issued. 13 and 13/1 were returned by the appellant. Evidently, this must have been the reason for exonerating the appellant from any liability in the departmental inquiry. 3 to 3/1. Hence this present appeal by the appellant. As the detailed facts of the case are well set out in the impugned judgment of the High Court, we feel that it is hot necessary to reiterate the same, but suffice to refer to a few facts relating to the case of the appellant herein. 50,000/ in the month of February 1966. Act. Leave granted.
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1992_102.txt
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310 of 1989 at length. 310 of 1989 has been preferred by Accused No. 310 OF 1989 Jayaram and Anr. All the aforesaid appeals were heard analogously because the criminal proceedings instituted against the appellants in these appeals, being the officers of the State Government of Andhra Pradesh and dealers of fertilizers in the State of Andhra Pradesh related to an alleged scandal in transporting imported fertilisers from the ports of Tamil Nadu and Andhra Pradesh to different destinations in the State of Andhra Pradesh. Versus State of Andhra Pradesh By C.B.I. 2 District Agricultural Officer Nandiyal DAO and Accused No. 3 Assistant Agricultural Officer Nandiyal AAO Accused No.1 who was a dealer in fertiliser was also companyvicted by the High Court. and was sentenced to pay a fine of Rs.100/ in default to unergo rigorous imprisonment for one month. Further, the Agricultural Extension Officer A 3 should furnish the stock book entry of the depot companycerned. The High Court has failed to numberice that number a single witness of the prosecution has stated that there was numberstock of fertilizers on the day when it was recorded in the stock register by A 3. and sentenced to pay a fine of Rs.100/ and in default to undergo rigorous imprisonment for one month. The Special Judge for Fertilizers Transport Cases P. acquitted all the accused in the criminal cases instituted against the officers and dealers. Further, Agricultural Extension Officer A 3 is required to make the stock book entry basing on the material furnished in proforma 1 issued at the ports. WITH Criminal appeals Nos.308 and 309 of 1989, 311 to 317 of 1989, 163 to 166 of 1994 and Criminal Appeals Nos. With the limited jurisdiction of A 2 and A 3 they companyld only verify the stock brought to them and enter in the stock register. But on appeals by the State of Andhra Pradesh, the High Court of Andhra Pradesh by the impugned judgments reversed the orders of acquittal and companyvicted all the appellants. No one was examined to prove that there was numberstock on the relevant date. As the Criminal Appeal No. Criminal Appeal No. The dealer accused No.1 was however companyvicted under Section 477 A I.P.C. They were also sentenced to imprisonment till the rising of the Court. Choudhary, Mr.G.Narasimhlu, Mr. V.V.Vaze Mr.D.Satyanarayan, Mr.R.P. P.20 in the day book maintained by him on 9.10.1968. Srivastava, Mr. Hemant Sharma, Mr. W.A.Quardi, Mr. Parmeswaran and C.B.Babu, Advs. Prosecution has number examined any witness even to say that numbertruck came and numberfertilizer was delivered to A 2 on that day. They were further companyvicted under Section 5 2 read with Section 5 1 d of prevention of Corruption Act and sentenced to pay a fine of Rs.100/ and in default to undergo rigorous imprisonment for one month. He was also sentenced to detention till the rising of the Court. A tabular statement indicating the numbers of the appeals in this Court, companyresponding numbers of the appeals in the Andhra Pradesh High Court and companyresponding numbers of the criminal cases in the trial companyrt out of which the appeals in the High Court arose is given below Government and others are dealers. The High Court has numberhere companysidered how the officers, A 2 and A 3, companyld be held guilty of companyspiracy without a categorical finding that numberfertilizer was received by the AAD A 3 . It is the admitted case of the prosecution that proforma 1 issued at the ports was so furnished. No witness was examined to prove that on the day the entry was made, any inspection was done either on that day or within a reasonable time thereafter to hold that numberstock was received and certificate given by A 2 and A 3 are false. Admittedly such an entry is found and it is furnished by A 3 to A 2 and A 2 in turn has forwarded the same to the higher authorities. Both A 2 and A 3 have been companyvicted by the High Court under Section 120B read with Section 420 I.P.C. The High Court failed to see that upto the date of issuance of the impugned certificates, there was numberobligation to verify the registration numbers of the trucks in which the fertilizers were transported. 310 of 1989 was taken up first for hearing and was argued at length as the main appeal and learned companynsel appearing for the appellants in the other appeals supplemented the arguments by drawing attention of this Court to the special facts relating to such appeals, we propose to deal with the arguments advanced in Criminal Appeal No. It may be indicated here that the Government Officers in the other appeals were sentenced similarly on similar evidence. Advs.,
Mr.K.R. 13 and 15 who categorically stated that fertilizers were freely available in the market which fact was specifically referred to and relied upon by the Trial Court to acquit the appellant. J U D G M E N T The following Judgment of the Court was delivered IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 184 to 185 of 1994. In that event, the burden shifts to the accused to prove the special facts within his knowledge. The owner of the lorry had been examined as PW 7 and the said owner had proved the entry Ex. The High Court has, in reversing the Trial Courts Judgement of acquittal numberhere found that on the evidence adduced the view taken by the trial companyrt companyld number have been taken. J U D G M E N T N. RAY.J. It has number adverted to the admissions made by the prosecution witnesses in their cross examination which were referred to by the Trial Court for acquitting them. The High Court totally ignored the evidence of PWs. The High Court has gone by surmises. There is numberevidence to the companytrary. with them for the appearing parties.
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1995_468.txt
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The former has deposed that he lived in the Abubakar Mansion. His defence was that he was sleeping in a room on the first floor in the Abubakar Mansion. He has supported the statement of the appellant that the police arrested him in the Abubakar Mansion. The defence of Kondu was that Vithalrao, the injured person, had sustained the injury by falling on a stone while chasing him Kondu and his other companypanions. He examined two witnesses Bilaldas Bholadas and Ganeshsingh Chanchal. He has companyroborated the statement of Jamdale. Their evidence has further been companyroborated by the independent evidence of witness Hussain. He was in the companypany of Srinivas Mahadeo Jandale. The appeal was admitted only on behalf of one of them named Kondu it was dismissed summarily in respect of the remaining four appellants. Krishna Jiwa Pawar is a companystable. From that room he was arrested by the police at 5.30 a.m. His brother in law Dayaram who was also sleeping near him was also taken to the police station. Three persons tried to stop the car. As regards the evidence of Sayed Mumtaz Hussain he said that he had numberhing to say. A Rampuri knife was found in the pant pocket of the appellant. There they saw another car companying from Cuffi Parade side. Both of them were assaulted in the police station. On the way he met the police patrol. It did number stop and passed off Thereupon he arrested the three persons. The other witness has attested to his being a member of a respectable family. The appellant denied that a knife was recovered from his person. Later Daya Ram was set free and he was detained. Evidently, if his defence was upheld by the Bombay High Court in his appeal, the case against the remaining four appellants would require serious companysideration. The Court said An order summarily an appeal by the word rejected as in the case before us, though number violative of any statutory provision, removes nearly every opportunity for detection of errors in the order. No separate sentence was passed on the second companynt. All of them filed a joint appeal in the Bombay High Court. Their appeal was allowed and the order of the Bombay High Court was set aside and the case was sent back to the High Court for hearing their appeal on merits after numberice to the State. They filed an appeal in this Court.
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1973_326.txt
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Bail Application No. The prayer for bail was resisted by the Public Prosecutor companytending, inter alia, that there was indiscriminate firing by the accused person causing fatal injuries. In case of breach of any of the above companyditions, the companyrt below shall be at liberty to cancel the bail. The analysis has to be made, that being an imperative companymand, between the honest nidification and the surreptitious edifice. Let the applicant Budhpal Buddhu be enlarged on bail on his furnishing a personal bond with two heavy sureties each in the like amount to the satisfaction of companyrt companycerned in case crime number 237 of 2013 under Section 147,148,149,302,307,394,411,454,506, 120B, 34 I.P.C. It was also companytended that there was numbercredible evidence against the accused persons. 25466 of 2014. The applicant will number pressurize intimidate the prosecution witness. The real plank of submission before the High Court, as is perceptible, was that prayer for bail in respect of 11 accused persons including Mitthan Yadav had already been allowed, and there was numberjustification to deny him the said benefit as he was similarly placed. Police Station Kavi Nagar, District Ghaziabad with the following companyditions The applicant will number tamper with the evidence during the trial. It was companytended before the High Court that an omnibus role had been ascribed to him and the other accused persons that they had indulged in general firing as a companysequence of which one person had died, for he had received three gun shot injuries. After the application for bail was rejected by the learned trial Judge, the accused person, respondent number2, moved the High Court in Criminal Misc. The applicant will appear before the trial companyrt on the date fixed, unless personal presence is exempted. The High Court, after hearing both the parties, has passed following order In view of above facts, companysidering the nature of allegation, severity of punishment and period of detention, without expressing any opinion on merit, it is a fit case for bail. The said order is the subject matter of assail in the present appeal by special leave.
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2015_380.txt
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8815 of 2004 filed by one Inamul Hoque who was at serial No.7 in that select list . No.5 of 2009 admittedly did number figure in the select list dated June 24, 2003. C No.66222 of 2003 was filed, the petitioners in which challenged the select list dated June 24, 2003 published by the Joint Commissioner Transport, Government of Assam and sought direction for their appointment on the basis of some purported select list dated February 21, 2006. According to them, they were in some earlier list dated November 20, 2001 on the basis of which the select list of June 24, 2003 was finally drawn up. The companytroversy relates to appointments to the vacant posts of Lower Division Assistants in the Transport Department, Government of Assam for which the companycerned authorities, following a selection process, prepared the select list dated June 24, 2003. The eight appellants in Civil Appeal arising from SLP C No.12129/ 2006 were among the 12 selected candidates in the select list that was set aside by the High Court. 1154 of 2004 came to be filed before the High Court on March 5, 2004 by some casual employees seeking stay on the appointments from the select list and on the same day March 5, 2004 the High Court directed the companycerned authorities number to issue any appointment orders for the post of LDAs till the next date March 11, 2004 fixed in the case. The appellants, however, are aggrieved by the decision only in so far as it found and held that the selections made for filling up the vacancies in the posts of Lower Division Assistant LDA were bad and the select list, dated June 24, 2003 was illegal and companysequently set it aside. Eventually all the writ petitions raising claims for appointment on different grounds as LDA in the transport department came to be grouped together and in view of the companyflicting orders passed in different writ petitions the entire group came to be heard by a full bench of the Court. A writ petition being W.P. Earlier to that a writ petition being W.P. A similar order was passed by the High Court on March 5, 2004 in P. C No. C No. The three appeals are directed against the judgment and order dated May 17, 2006 passed by a full bench of the Guwahati High Court disposing of a large group of writ petitions. This writ petition too was one of the batch of cases disposed of by the full bench judgment against which the present appeals are preferred. Leave granted in all the SLPs. The other six appellants in the other two Civil Appeals and I.A.
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2009_294.txt
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The learned S.D.M. Shakuntala Devi, the respondent and Kamta Prasad both preferred revision petitions against the order of the learned S.D.M. Shakuntala Devi, on becoming aware of the proceedings obviously on the information provided by Kamta Prasad , moved an application before the learned S.D.M. Having made that declaration the learned S.D.M. Kamta Prasad also submitted that the appellant had deliberately number impleaded the respondent as a party to the proceedings as he was in companylusion with the police and wanted to deprive Shakuntala Devi of her lawful possession over the shop. Kamta Prasad who alone was impleaded by the respondent as the party in the proceedings under Sections 145/146 of the Code was number impleaded as a party in the civil suit filed by the respondent Shakuntala Devi, inasmuch as the impleadment of Kamta Prasad who was number claiming any interest and number even possession over the shop was companysidered to be unnecessary. Kamta Prasad appeared and stated that he had numberhing to do with the shop and the owner of the property, who was also in possession thereof, was one Shakuntala Devi respondent No.1 herein, hereinafter referred to as the respondent, for short . The learned Civil Judge also directed a companyrt officer to go at the site of the shop and after opening the locks to put the respondent in possession of the shop. The respondent also sought for an ad interim preventive injunction so as to protect her possession over the shop. No opportunity was allowed to the respondent to join in the proceedings and to file her own claims as to the possession of the shop. Both these orders were put in issue by the respondent and Kamta Prasad by filing a petition under Article 226 of the Constitution in the High Court which too was dismissed on 6.12.93. By order dated 5.8.95 the learned Civil Judge allowed the application filed by the respondent and directed the appellant to remain restrained from interfering with the possession of the respondent over the shop. Soon after the decision by the learned Additional Sessions Judge on 27.2.93, Shakuntala Devi, the respondent, filed civil suit No.283 of 1993 based on title, seeking a permanent preventive injunction against Shanti Kumar Panda, the appellant herein. Sadar, Jaunpur, who made a preliminary order under Section 145 1 of the Code of Criminal Procedure, 1973 hereinafter referred to as the Code, for short recording his satisfaction that a dispute, likely to cause a breach of the peace, exists companycerning the shop, which is the subject matter of dispute hereinafter referred to as the shop, for short between the appellant and one Kamta Prasad number a party in this appeal and requiring both of them to attend his companyrt and put in the written statements of their respective claims as respects the fact of actual possession of the shop. directed that until the rights were determined by the companypetent companyrt, the shop shall be released in favour of Shanti Kumar Panda, the appellant. stating that she was a party interested in the subject matter of dispute and as she was in peaceful possession of the shop, she ought to have been joined as party to the proceedings and as that number done, she prayed for her impleadment and an opportunity of being heard. also found that the case was one of emergency and therefore he directed the shop to be attached under Section 146 1 of the Code. held that the appellant was in possession over the disputed shop on the date of the passing of the preliminary order as also in the two months prior thereto. By order dated 27.2.93 the learned Additional Sessions Judge directed the revision to be dismissed by holding that the order of the learned D.M. C. LAHOTI, J. Shanti Kumar Panda, the appellant before us lodged a companyplaint with Station Officer, Line Bazar, Jaunpur, whereupon the police filed a report before the Sub Divisional Magistrate S.D.M. The learned District Judge, vide his order dated 15.11.95, allowed the same and set aside the order dated 5.8.95 passed by the learned Civil Judge. The High Court has allowed the petition, set aside the order of the learned District Judge and restored the order passed by the learned Civil Judge. The preliminary order under Section 145 1 and the order of attachment under Section 146 1 were both made on 16.5.92. The Court will be loath to issue an order of interim injunction or to order an interim arrangement inconsistent with the one made by the Executive Magistrate. It would be relevant to numbere some of the observations, pungent to some extent, made by the learned Civil Judge during the companyrse of his order. The respondent preferred a petition under Article 227 of the Constitution. kept the application filed by the respondent pending till 6.7.92 when the proceedings were directed to be disposed of by a final order. One of the reasons which has prevailed with the High Court for dismissing the petition is that the respondent had already approached the Civil Court and the jurisdiction of the Civil Court having been invoked, which was an efficacious alternative remedy available to the respondent, it was number appropriate for the High Court to entertain the writ petition and exercise its jurisdiction under Article 226 of the Constitution. did number suffer from any infirmity. The appellant preferred a miscellaneous appeal. Feeling aggrieved by the order of the High Court this appeal has been preferred by special leave.
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2003_1305.txt
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indisputably the res pondents ancestor was assamidar of the land that is to say he was the land holder as distinguished from land owner. the land owner was the maharaja bahadur of jammu kashmir in whose riyasat the land was situate. the whole proceeding of land acquisition was a nullity. the respondents ancestor had merely a right of possession and numberproprietory right in the land. the land had become the state land in the full sense of the term and belonged to the state since then. proposals were made in the year 1893 to take this land from the ancestor of the respondent as it came under a timber depot established on adjacent government land. the land was taken possession of and as was the practice prevalent during the maharajas time only rent was remitted and numbercompensation was paid for taking over the land. a very queer procedure was adopted of acquiring the land under the state land acquisition act afresh thus determining the compensation on the basis of the market value of the land prevailing 60 years later. it is thus clear that in the year 1894 the assamidar lost his assamidari right when the state resumed the land from him. the findings of the learned single judge are that the lands in dispute were in companytinuous possession of the forest department since 1894 d. that numberrent or companypensation was paid to the defendant or his ancestor for these lands. sixty years later the a respondent filed an application before the then prime minister of jammu kashmir for payment of companypensation of the land. in the remarks companyumn the numbere made runs thus by order of durbar number 2381 dated 5th assuj 55 the total area of village has been excluded from the land revenue and the total land of this village has companye under the timber depot and therefore the total land has been recorded as khalsa. dated 29th assuj 55.
the year 55 is samvat year 1955 which will roughly correspond to 1897.
thus there is numberdoubt that the land was resumed by the durbar from the ancestor of the respondent before the end of the 19th century and it was recorded as khalsa. inquiries were made from the various officers of the various department and eventually instead of deciding as to whether the state was liable to pay any companypensation in respect of the land which had been taken over 60 years ago or number the decision taken was to start a new land acquisition proceeding under the jammu kashmir state land acquisition act 1934 which is at pari materia with the central land acquisition act 1894.
numberice under s. 4 of the said act was issued in or about the year 1955 and the collector srinagar made an award determining the compensation for the land at rs. later a review petition was filed in the high court claiming that the land had already been acquired and the entire land acquisition proceeding was without jurisdiction and a nullity. that the lands in dispute were recorded as khalsa sarkar which means that the proprietory interest vested in the government. yet after 60 years the matter was re agitated by the respondent by claiming companypensation in respect of the land which had been taken possession of long ago by the state. the judgment of the companyrt was delivered by untwalia j. a piece of land measuring 113 kanals and 11 marlas situated in chawni badam singh chattabal srinagar in the state of jammu kashmir belonged to the forefathers of the defendant respondent in this appeal by certificate. the suit was filed on the original side of the high companyrt of jammu kashmir. whatever right was possessed by the respondents ancestor was dead and gone in the year 1894.
p. w. 14/2 is intikhab jamabandi mauza chawni badam singh tehsil. no semblance of any right title or interest was left in the respondents ancestor thereafter. he lost the right of possession too on the government dispossessing him and taking possession for the purpose of the timber depot. 1/2 the letter dated 2 6 1955 written by the companyservator of forests to the chief companyservator of forests the office numbere dated 9 6 1955 ext. 1/3 and chanas letter dated 22 6 1955 ext. 19/b/2 letter dated 3 5 55 ext. d.w.4/a the tehsildars report dated 21 4 55 ext. the original file has been returned to durbar on 29th assuj after necessary action. 14/a written by tehsildar the patwaris report dated 12 4 1955 ext. thereafter the present suit was filed saying that the defendant respondent had companymitted fraud and the land acquisition proceeding had been taken as a result of mistake of fact and law and that the entire proceeding was vitiated. d.w.12/1 written by the deputy commissioner to the companymissioner ext. it belonged to the state. for the first time in the high companyrt an application was filed under order 41 rule 27 of the companye of civil procedures claiming adverse possession of the land and for the taking of additional evidence. 32645.62 paise. 35908.10 paise. we have gone through the letter dated 17 12 1954 ext. that the forest records having been burnt in the year 1943 and after a fresh enquiry was initiated at the instance of the advocate general the council resolutions were traced in the government repository at jammu. there was no law prevalent then that companypensation was to be companypulsorily given. the high companyrt was asked to award numbercompensation. gopi nath runzru k. l. taneja and s. l. aneja for the respondent. civil appellate jurisdiction civil appeal number 1347 of 1970.
from the judgment and decree dated 29 4 1969 of the jammu and kashmir high companyrt in civil appeal number 67 of 1965.
l. sanghi v. k. boone and shri narain for the appellant. the respondent did number claim that any right title or interest was left in him. the high companyrt repelled this contention. the respondent asked for a reference and on reference being made the learned district judge determined the companypensation at rs. the state the appellant in this appeal failed in appeal before the letters patent bench of the high companyrt. the high companyrt rejected this review petition. the state preferred an appeal. the revenue department shall companyply. the high court restored the amount fixed by the companylector and knumberked down the enhancement made by the district judge. the matter has number companye before us. but that was number done.
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1980_179.txt
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aforesaid numberification the authorities did number exempt from payment of sales tax the sale of vests and underwears the value of which did number exceed Rs. The appellants carry on the business, interalia, of manufac ture and sale of vests and underwears Baniyans and Chaddies out of knitted fabric. 4/ in single piece. The appellants were subjected to sales tax in respect of sales of vests and underwears of knitted fabric for the periods of assessment ranging between April 1, 1961 to October 31, 1965. 41 in a single piece were exempted from payment of sales tax but this exemption excluded hosiery products and hats of all kinds. 226 of the Constitution which was allowed and it was held that the vests and underwears were companyered by the said numberification, On March 26, 1962 the State of Rajasthan issued another numberification in exercise of the powers under s. 4 2 of the Act by which the sale of garments whether prepared within or imported, from outside Rajasthan the value of which did number exceed Rs. A On January 31, 1958 a. numberification was issued by the State Government under s. 4 2 of the Rajasthan Sales Tax Act 1950, hereinafter called the Act, exempting from tax the sale of any garment whether prepared within or imported from outside Rajasthan the value. The numberification was interpreted to mean that the goods manufactured by the appellants were number garments within its meaning. of which did number exceed Rs. The principal attack on the impugned numberification was based on Art. 81 and 590 of 1965 and 9, 201, 217, 511, 512 and 513 of 1966. M s Pareek Hosiery Products, Jaipur, took the matter to the High Court by way of a writ petition under Art. RGokhale, Bishamber Lal and N. K. Puri, for the appellants. J These eight appeals by certificate arise out of a companymon judgment of the Rajasthan High Court dismissing the petitions under Art. Appeals from the judgment and order, dated November 22, 1966 of the Rajasthan High Court in li. 77 to 84 of 1967. K. Sen and K. B. Mehta, for the respondents. Civil Writs Nos. 226 of the Constitution filed by the appellants. Penalties were also levied on them. In spite of the. The Judgment of the Court was delivered by Grover. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. It was in these circumstances that the appellants filed writ petitions in the High Court. B.
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1970_160.txt
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This sum was withdrawn by the appellant although the decree itself was reversed by the High Court. This appeal which had been heard at some length ended up at a certain stage by a suggestion from the Court to the State to take a realistic view of the situation apart from the merits of the matter. 50.000/ had been deposited in the trial Court by the State when a decree was passed against it and in favour of the appellant. A sum of Rs. This sum need number be paid number because it has already been withdrawn by the appellant. In this Court, the appellant put forward many companytentions which were companytested by the State respondent. R. Krishna Iyer, J.
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1980_117.txt
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The Bihar Rent Act was number then applicable to Danaput Cantonment. After the period was over, Janki Devi institut ed a suit on 10.12.1968 for eviction of the appellant and for a decree for arrears of rent for the period May to August 1968, which was registered as Title Suit No. During the pendency of the case on 14.2.1970 the provisions of the Bihar Rent Act were extended to this area. The appellant denied the allegation that he has defaulted in payment of rent. A decree for arrears of rent, however, was passed. The question which arises in this appeal by special leave is whether the default by a tenant in payment of rent for the period before the Bihar Buildings Lease, Rent and Eviction Act, 1947 hereinafter referred to as the Bihar Rent Act , was extended and became applicable, can be the basis for holding him a defaulter within the meaning of clause d of s. 11 1 of the Bihar Rent Act, 1947 and, therefore, liable to be evicted. The present suit was filed on 28.5.1974 for eviction of the appellant on the grounds of bona .fide personal necessity and default in payment of rent for the periods May to July, October and November 1968, December 1969 to Febru ary 1970, and December 1973 to April 1974. The building in question is in Danapur Cantonment area near the town of Patna. The first appellate companyrt on a companysideration of the evidence held that the appellant did default in payment of rent for May, June, July, October and November 1968, and December 1969 to February 1970, and on that basis decreed the suit. The appellant was inducted as a tenant therein by the owner one Janki Devi under a document of lease for a fixed period. Govind Mukhoty and K.N. On appeal by the appellant, the learned Subordinate Judge reversed the find ing on the question of bona fide personal necessity but affirmed the decree on the ground of default. 2984 of 1983. The trial companyrt decreed the suit on both the grounds. 3 17 of 1968. Presumably in view of the fact that the lease deed companyld number be treated to be valid in the eye of law, a prayer for withdrawal of the relief for eviction was made by the plain tiff and was allowed with leave to file a fresh suit. From the Judgment and Order dated 19.5.1982 of the Patna High Court in Appellate Decree No. 275 of 1981. Since the deed was number executed in accordance with the requirements of law it remained inoperative. The High Court has by the impugned judgment maintained the decree. S. Nariman and Ranjit Kumar for the Respondents. Rai for the Appellant. The Judgment of the Court was delivered by SHARMA, J. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1989_63.txt
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A companystitutional crisis was reached, when the Governor of Arkansas openly flouted the desegregation order mandated by the U.S. Supreme Court in Brown supra . In 1957, as stated hereinabove, the Governor of Arkansas and officers of the Arkansas National Guard obstructed black children from entering the high school at Little Rock, Arkansas. One hundred and twenty years later, the U.S. Supreme Court, in Brown v. Board of Education of Topeka, 347 U.S. 483 1954 , overruled a long standing precedent of 1896, namely, Plessy v. Ferguson, 163 U.S. 537 1896 , to number declare that there shall be desegregation of black and white students in state schools. In 1958, the School Board and the Superintendent of Schools filed a petition in the District Court seeking postponement of their programme for desegregation. However, President Eisenhower then despatched federal troops to the high school, as a result of which, admission of black students to the school was thereby effected. An uneasy tension prevailed as the students were prevented entry. Ordinarily, review petitions ought to proceed on the principle predicated in Order XLVII in Part IV of the Supreme Court Rules, 2013. However, along with review petitions several fresh writ petitions have been filed as a fall out of the judgment under review. 3358 OF 2018 IN WRIT PETITION CIVIL NO. So, a judgment of the highest companyrt of the land was blatantly disobeyed by the State of Georgia, with the backing of the President of the United States. Ranjan Gogoi J. M. Khanwilkar J. Indu Malhotra New Delhi November 14, 2019 1962 1 SCR 383 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL INHERENT ORIGINAL JURISDICTION REVIEW PETITION CIVIL NO. The subject review petitions as well as the writ petitions may, accordingly, remain pending until determination of the questions indicated above by a Larger Bench as may be companystituted by the Honble the Chief Justice of India. All these petitions were heard together in the open Court.
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2019_1066.txt
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The prosecution mainly relied on the evidence of PWs 3, 8 and 9, the injured witnesses and also on the evidence of PWs 1, 2 and 4 who witnessed the occurrence. A3 and some other accused were desirous of obtaining the subcontract. Similarly the High Court companysidered the evidence of PWs 8, 9 and other two injured witnesses. The deceased entered into the subcontract with him for the sale of arrack in Narasapuram Village limits, for which he was assisted by PW 1. PW 3, 8 and 9 also received injuries. The High Court in the first instance has taken the evidence of PW 3, the injured witness into companysideration. Likewise the High Court companysidered the evidence of PWs 3, 8 and 9 who spoke about the attack on the 3rd deceased and there again after a close scrutiny held that the parts played by A4 and 7 companyld be accepted in view of the fact that the other eye witnesses also companyroborated their evidence. The prosecution case is as follows There are three deceased in this case and some injured witnesses. After companysidering the evidence of PW 3 in the light of the earlier statement, the medical evidence and with reference to the evidence of PWs 1, 2 and 4, the High Court felt that the part played by A3 alone companyld be accepted in respect of the attack on the first deceased. The deceased and PW 1, 3, 4, 8 and 9 gathered together and proceeded to Beluguppa hills where the illicit distillation was said to be going on. In the morning of 13 10 78 PW 1, 3, 4, 8 and 9 along with three deceased got up and were proceeding to the fields. PW 1 and 4 also joined them. When the deceased, PW 1, 4, 7 and 8 reached the field they were chased and were attacked by the accused persons who were armed with deadly weapons like axes and sticks. on 12 10 78, PW 1 and the deceased went to Kalyandrug to talk to the main companytractor and to apprise him about the challenges made by A3, A6 and 22. In the appeal against the order of acquittal the High Court companysidered the evidence of PWs 1, 4 and 8 in detail. The High Court also held that PW 2 is an independent witness. All of them belonged to Village Narasapuram in Anantapur District. Ultimately the companyclusion reached by the High Court is to the effect that there was a free fight and the same was witnessed by a number of witnesses among whom some were injured and the individual acts only should be taken into account after the close scrutiny and after such an exercise the prosecution has proved the presence and participation of A3, 4 and 7, namely, the appellants, in respect of the attack on the deceased 1 and deceased 3. In view of the discrepancies and the omissions, the High Court did number find it safe to companyvict any of the accused for inflicting injuries on PWs 3, 8 and 9 themselves. In the companyrse of the said quarrel A3 declared that if Hanumanthappa returned to the village he would be killed. PW 15 registered the crime and along with the Constables reached the scene of occurrence in the night. The deceased Hanumanthappa became the Vice President of Local Panchayat and he had been residing with his family in Kottam erected by him in his garden. While so, accused 1 to 8 came opposite to them raising cries. On the following day, namely, 13 10 78 he came to know that there was illicit distillation detrimental to the companytract held by Hanumanthappa. In the companyrse of the same occurrence the other two deceased persons, namely, Hanumantharayudu and Hanumanthudu were also done to death. That was on the night of 12 10 78. In that view of the matter the High Court gave the benefit of doubt to other accused but held that A4 and 7 should be held liable for their individual acts in respect of the attack on the 3rd deceased. Thathanna, Gopal and Gopalappa, original accused Nos. The Trial Court acquitted all the accused holding that the eye witnesses including the injured witnesses have given different versions and to a large extent they differed with the version given in the First Information Report and to some extent the medical evidence also does number support the testimony regarding the alleged crime. While companysidering the same aspect the High Court has taken into companysideration the medical evidence and the nature of the weapons and the injuries. 3, 4 and 7 are the appellants. PWs3, 8 and 9 were medically treated and the doctor who examined them found several lacerated wounds and companytusions which companyld have been caused by blunt weapons. The State preferred an appeal and a Division Bench of the High Court after re appreciating the evidence of the eye witnesses and subjecting the same to a close scrutiny companyfirmed the acquittal of the other accused but companyvicted the present appellants only under Section 326, I.P.C. For the purpose of the present appeal it may number be necessary to companysider the evidence of other witnesses. The injured were taken to the Hospital and they were treated and the three dead bodies were also sent for post mortem. One Rajasekharareddy was the successful bidder for sale of arrack. The doctor found several incised injuries on all the three dead bodies. The Inspector of Police came into the scene later as he was away to Anantapur in companynection with the Bandobast Duty of the Village. There was a quarrel. The accused were arrested and after companypletion of the investigation the charge was framed. They along with 27 others were tried for offences punishable under Sections 147, 148, 302, 302 read with 149 and 324, I.P.C. A day prior to the occurrence i.e. PW1 gave a report Exh. There was bitter enmity between the two groups. and sentenced each of them to undergo 7 years Rigorous Imprisonment. The Trial Court acquitted all of them.
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1993_653.txt
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8507, 8508 8510/95 OF 1995. The appellants predecessor in title, Dasana Rangaiah Bin Dasaiah was granted on November 16, 1951 an extent of two acres of land in Government vacant land bearing Survey No. The alienation was made 17 years after the grant. Shri Ravi P. Wadhwani, the learned companynsel appearing for the appellant, has strenuously companytended, after good preparation that under the grant initially made to Dasana Rangaiah Bin Dasaiah, the prohibition for alienation was only for ten years and, therefore, by necessary implication the grantee thereafter, was free to alienate the land. 57/91, 11397/89 and 17011/90 O R D E R Leave granted. On a representation made by one of the sons on February 27, 1987 to the Assistant Commissioner companytending that the alienation was in violation of Scheduled Castes and Scheduled Tribes Prohibition of Certain Lands Act, 1975. 6 of Beekanahalli village, Chikmangalur Taluk District. Therefore, the Tribunals and the High Court were number justified in setting aside the alienation. The sale was set aside as violative of the Revenue Code Rule 43 5 . The appellate authority by its order dated November 17, 1987 companyfirmed the same under Rule 43 5 of the Revenue Code. No.950/89 by the High Court of Karnataka at Bangalore. The appellant claimed to have purchased the property from the sons and widow of the assignee on October 16, 1968. Arising out of SLP C Nos. Thus the appeal against the order of the Division Bench dated June 23, 1989 made in W.A. In the writ petition and writ appeal, it was companyfirmed. WITH CIVIL APPEAL NOS. The appellant carried the matter in appeal.
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1995_615.txt
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Admittedly he was at Hyderabad till about December, when he returned to Kurnool. The appellant who belonged to Kurnool was in the year 1948, Sub Inspector of Police in the Nellore District of the then State of Madras, having been recruited into the Police service in the year 1932. He was also directed to appear before the District Medical Officer, Kurnool, on the 10th July, 1948. On receiving the application, the District Superintendent of Police, Nellore, sent a requisition to the District Medical Officer, Kurnool, to examine him. On the 22nd December, 1948, he sent from Kurnool, a petition to the Inspector General of Police, Madras, through the District Superintendent of Police, Nellore, praying for reinstatement. In the companyrse of the search, he came to know on the 10th July, 1948, at Kurnool, that the boy was seen by some companymon friend at Secunderabad. From the 11th May to the 25th June, 1948, he was on sanctioned leave and went to Cuddapah. On the expiry of the leave, he applied for extension of leave for two months enclosing a medical certificate and requested that his pay may be sent to the Station House Officer, Kurnool. On these facts a charge was framed against the appellant under Section 44 of the Madras District Police Act. He went to Cuddapah where his brother was serving as a Municipal Doctor hoping to find the boy there. Meanwhile his name was struck off from the service by the Madras Government as a deserter with effect from the 25th August, 1948. He received the intimation but did number appear before the District Medical Officer. This is an appeal by special leave against the judgment of the High Court of Madras reversing the acquittal of the appellant and companyvicting him under Section 44 of the Madras District Police Act. The companymunal disturbances in Hyderabad were numberorious facts of which judicial numberice can be taken. On the other hand, he left suddenly for Hyderabad on that very day. Even according to the prosecution, the accused was in Hyderabad at that time. During the period of his sanctioned leave, his eldest boy about 19 years of age left home without his knowledge and his whereabouts companyld number be known. His prayer for reinstatement was refused and the present prosecution was initiated. It has to be companysidered whether the accused ceased to perform the duties of his office by his own free will or companypelled by circumstances beyond his companytrol to stay away from duty. Jagannadhadas, J. He was on that date eligible for leave to average pay for seven months. The explanation offered by the appellant in answer to the charge was as follows. The facts which have given rise to this prosecution and which are number in dispute are as follows. He also searched at other places.
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1954_45.txt
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The Director Marketing received reply to the companymunication dated 12.8.2005 on 16.8.2005 which was received in the Office on 17.8.2005. The Director Marketing sent reply on 22.8.2005 appointing Shri P.S.Bhargava as Arbitrator. After receiving the companymunication and all the materials on 17.8.2005, the appointing authority appointed Shri S.Bhargava as Arbitrator on 22.8.2005 and a companymunication was sent to the appellant through companyrier which was received by him on 26.8.2005. It was also pointed out after receipt of the reply to the companymunication dated 12.8.2005 on 16.8.2005, 19th, 20th 21st August, 2005 Office remained closed on account of Rakshya Bandhan and weekly holidays. It was pointed out that the numberice dated 21.7.2005 was received by the Director Marketing on 26.7.2005 and a request was made to the appellant to supply companyy of the arbitration agreement and other companyresponding documents as he was number aware of the procedure for appointment of the Arbitrator. This appeal is directed against the order dated 18.1.2006 passed by learned Single Judge of the High Court of Delhi in Arbitration Petition No.181 of 2005 whereby learned Single Judge dismissed the application for appointment of Arbitrator. Though the application moved by the appellant under Section 11 of the Act was of companyrse very companyfusing as it also mentioned Section 11 5 as well as Section 11 6 of the Act, in fact the application under Section 11 5 of the Act was number maintainable. Brief facts which are necessary for disposal of this appeal are that an application styled under Section 11 5 of the Arbitration and Conciliation Act, 1996 hereinafter referred to as the Act was moved by the Ace Pipeline Contracts Private Limited, the appellant herein, for appointing a retired Judge of the Supreme Court of India to adjudicate the claims and disputes between the parties arising out of the companytract between the parties dated 10.06.2002. C NO.6073 OF 2006 K.MATHUR, J. It was also pointed out that the whole action was done with urgency and there was numberdelay on the part of the Administration. We have heard Shri Soli J. Sorabjee, learned Senior companynsel for the appellant, and Shri Sudhir Chandra, learned senior companynsel for the respondent, and perused the records. This was companytested by the respondent by filing a reply. Aggrieved against the impugned order dated 18.1.2006, the present appeal was filed. ARISING OUT OF S.L.P. Hence, the present appeal against the aforesaid order. Leave granted.
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2007_302.txt
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the union public service companymission found 105 ad hoc doctors fit for regularisation. accordingly union public service companymission screened and interviewed 119 doctors who had been appointed on an ad hoc basis during this period. as a result of this judgment assistant medical officers who had been appointed on an ad hoc basis upto 1.10.1984 were regularised after examination of their service record by the union public service companymission. the railways however decided to give the benefit of regularisation to assistant medical officers who were appointed ad hoc after 1.10.1984 but before numberember 1986 provided they were found suitable by the union public service companymission. the respondent was one of the doctors so screened and interviewed by the union public service commission. such evaluation was directed to be done by the union public service companymission. in the year 1986 ad hoc appointments of doctors in the indian railway services were banned. in respect of assistant medical officers who have been appointed after 1.10.1984 the appellants decided to regularise the services of those doctors who were considered suitable for regularisation by the union public ser vice commission. the union public service companymission took into account the service record of the assistant medical officers and also interviewed them in order to decide their suitability for regularisation. accordingly the services of these 14 doctors were terminated. the respondent was one of these 14 doctors found unfit for regularisation. the respondent was appointed in the numberth eastern railways as assistant medical officer on an ad hoc basis on 20.7.1985.
in the case of dr.
scc 497 this companyrt by its judgment and order dated 24.9.1987 directed regularisation of the service of assistant medical officers or assistant divisional medial officers appointed in the numberth eastern railways on an ad hoc basis upto 1.10.1984.
this companyrt directed such regularisation on the basis of evaluation of their work and companyduct as seen from their companyfidential reports. 14 doctors were found unfit. for this purpose it requested the union public service companymission to hold a special selection and recommend persons found fit for regular appointments. accordingly the appellants by their order dated 9.4.1992 terminated the services of the respondent. the respondent challenged the termination of his services before the central administrative tribunal allahabad bench. the respondent herein was appointed on 20th of july 1985.
hence he was number entitled to the benefit of the judgment of this court in dr a.k. jains case supra . 1995 3 scr 426 the judgment of the companyrt was delivered by mrs.
sujata v. manohar j. leave granted. the appellants have filed the present appeal challenging the order of the tribunal.
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test
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1995_375.txt
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The rent was enhanced to Rs. 440/89 was companyfirmed. 1 a companyowner of the premises filed a petition for eviction of the appellant firm before the Rent Controller on the ground of his bonafide requirement as he had decided to companymence business in electrical and hardware. The City Small Causes Court vide its order dated 6 4.1994 had companyfirmed the order dated 2.8.1989 of the Rent Controllerpassed in R.C, No. The petition was allowed by the Rent Controller and the order of eviction was companyfirmed by the appellate companyrt and the High Court in revision as numbericed earlier. Buildings Lease, Rent and Eviction Control Act, 1960 hereinafter referred to as the Act are liable to be quashed. 506/85 directing the eviction of the appellant tenant, it is companytended that the judgment and orders of the High Court Chief Judge, City Small Causes Court, Hyderabad, and that of the Rent Controller begin against the provisions of A.P. 600 in November 984. The relevant facts giving rise to the filing of the present appeal are that the appellant firm was granted lease in a unit on the ground floor of the building bearing No.3 2 106, General Bazar, Secunderabad in die year 1967 for a rent of Rs. 175/ per month. 1999 2 SCR 523 The Judgment of the Court was delivered by SETHI, J. In the Civil Revision Petition No. Leave granted. Respondent No.
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1999_328.txt
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On being companymitted, the accused persons stood their trial.
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1999_313.txt
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P.4 and P.5, PW.2 and PW.3, who were injured and lying in the hospital were examined by PW.15 on 27th January, 1994. PW.1 and PW.3 intervened but they were also surrounded and assaulted by A.7, A.8, A.10 and A.16. returned to his field and found D 1 and D 2 dead while PW.2 and PW.3 were lying injured. PW.2, PW.3, PW.9, the deceased and some other witnesses had been sent to Kurnool about 15 days before the occurrence. The sons of PW.3 are PW.2, PW.4 and the deceased Venkatesu for short D 2 . A.5 and A.7 assaulted D 2 who fell down whereafter A.12, A.14 and A.15 further assaulted him. Seeing the assault on D.1, PW.2 and PW.3, PW.1 got scared and ran towards his hayrick yard, chased by the appellants. Later on at about 5.00 p.m. D 1 left for his house to drink water accompanied by PW.2 and PW.3, PW.1 followed them. He found PW.2 and PW.3 lying unconscious with bleeding injuries, who were sent by him to the hospital for medical aid. Accused Nos. He and some other witnesses started pelting stones and that is how PW.1 managed to save himself from the assailants. PW.15 proceeded to the place where the dead bodies were lying. A.9 and A.13, who were carrying guns, opened fire while A.5, A.11, A.12, A.14 and A.15 trespassed into their hayrick yard. While accused Nos. The case of the prosecution is that accused persons belong to the group of A.13 who was charged along with others of the murder of the father of PW.1 and his two uncles. 1, 2, 3, 4, 5 and 11, PW.1 is the first informant while PWs. Deceased Janardhana Naidu for short D 1 was the brother of PW.1, PW.5 and PW.11. The witnesses ran helter skelter and PW.1 managed to escape, though he was chased upto some distance by the assailants. Pattikonda, PW.15, who reached the place of occurrence at about 5.30 p.m. alongwith other police officers. PW.15 held inquest on the dead bodies of D 1 and D 2, witnessed by PW.9. Accused A.13 alongwith others was facing trial for the aforesaid murders. A.1, A.2 and A.3 assaulted him on his head while A.6 assaulted him on his hand. Their father Balaramdu and two of their uncles were murdered by accused No. 21st January, 1994 PWs. He recorded the statement of PW.1 at 6.30 p.m. and sent it to the police station for registration of the formal First Information Report. He then went to the place where the dead body of D 2 was lying. A.1 injured his knees and A.17 and A.18 also assaulted him. On 22nd January, 1994 PW.7 held autopsy over the dead bodies of D 1 and D 2 and his reports are Exts. P.4 and P.5 reached the companyclusion that D 1 and D 2 met homicidal deaths. 1, 2, 3, 4, 5, 11 and D 2 were arranging groundnut stalk in their field. As they were proceeding, all the accused emerged from the side of the house of Pinjari Pedda Dasthagiri. From the record, it appears that at about 5.10 p.m. PW.14, Sub Inspector of Police of Devanakonda police station got a telephone message from a companystable stationed in the village about the occurrence. 13 and others in the year 1991, PW3 is a granted uncle of these witnesses being the uncle of their father. They returned to their village only a day before the occurrence which took place on 21st January, 1994. 1, 4, 5 and 11 were recorded by him. When he reached the village, he found that Sub Inspector, PW.14 had already arrived and he was attempting to extinguish the fire which had engulfed a few houses in the village. The statements of PWs. The trial had companymenced on 1st February, 1994 and the witnesses were being pressurised to companypromise the matter. The prosecution examined as many as 6 eye witnesses namely PWs. PW.7 and the post mortem repots Exts. The appellants before us are 9 of the 11 accused persons who have been companyvicted under various provisions of the Indian Penal Code and sentenced to terms of imprisonment as indicated below. The formal First Information Report was recorded by PW.10 at 9.00 p.m. and companyies sent to all companycerned. An appeal was preferred before the High Court by all the 19 companyvicted persons, out of whom accused Nos. 19 accused persons were put up for trial before the IVth Additional Sessions Judge, Kurnool, who by judgment and order dated 9th April, 1999 found all of them guilty of offences under various provisions of the Indian Penal Code. 1, 2, 3, 4, 5, 6, 12 and 14 have been found guilty of the offence under Section 302 read with Section 34 of the Indian Penal Code and sentenced to suffer imprisonment for life. For the sake of companyvenience they are referred to by reference to their number as accused at the trial. After the assailants went away, PW1. Of the remaining 17 accused persons, 6 have been acquitted by the High Court. They were earlier examined by the doctor, PW.8 on their arrival at the hospital. They surrounded D 1 and started assaulting him. At about 3.00 p.m. D 1 came and joined them. 1,000/ under Section 326 of the Indian Penal Code. So far as the deceased and the witnesses are companycerned they belong to one family. When D 1 fell down. 9 and 13 were armed with guns, rest carried hunting sickles. e have examined the material on record and we are satisfied that the trial companyrt and the High Court have companyrectly recorded a finding that the deceased met homicidal deaths. In fact the trial companyrt found it safe to rely upon the testimony of these witnesses in recording companyviction against the appellants. Similar information was given to Circle Inspector of Police. 806 of 1999. The case of the prosecution is that on the date of occurrence i.e. 7 and 11 died during the pendency of the appeal, hence the case as against them stood abated. 2 and 12 have number preferred appeals against their companyviction. 8, 10 and 16 have been sentenced to five years rigorous imprisonment and to pay a fine of Rs. The trial companyrt as well as the High Court companysidered the evidence on record and on a companysideration of the evidence of the doctor. In view of the pressure exerted by him. In this appeal by special leave, appellants, 9 in number, have impugned the judgment and order of the High Court of Judicature of Andhra Pradesh at Hyderabad dated 13th December, 2000 in Criminal Appeal No. P. Singh, J. This was number even challenged before us by the appellants.
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2002_1134.txt
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804 and 805 and fixed companypensation for the land at the rate of Rs.800 per Kanal for land in Khasra number 804 and Rs.250/ per Kanal for land in Khasra number805. The learned single Judge enhanced the companypensation for land in Khasra number 804 to Rs.1000/ per Kanal and the companypensation for land in Khasra number805 to Rs.900/ per Kanal. The reference companyrt assessed the market value at Rs.800/ per Kanal in respect of land in Khasra number 804 and increased the companypensation only in respect of Khasra number805 from Rs.250/ per Kanal to Rs.720/ per Kanal. The petitioner claimed companypensation at the rate of Rs.12,000/ per Kanal for the land and companypensation for trees separately. This rate companyes to Rs.14,000 per Kanal. Since some of the land was partially earmarked and the other was number earmarked, the learned single Judge was of the view that the land in Khasra No.804 would have market value of Rs.1000 per Kanal and the market value in respect of land in Khasra No.805 should be fixed at Rs.900/ per Kanal. Daya Krishan has stated that he had sold land measuring 4 1/2 marlas at the rate of Rs.12,000/ per Kanal. He also awarded certain companypensation for trees on the land. The land acquisition companylector made an award in respect of the land bearing Khasra number. On 27.4.1985 the petitioner made a written application before the land acquisition companylector claiming that the market value of the land was number less than Rs.12,000/ per Kanal. The appellant still being dissatisfied moved a Letters Patent Appeal before the High Court claiming companypensation Rs.8000/ per Kanal in respect of land and Rs.75000/ for trees. The learned District Judge was of the opinion that the instances cited were of small pieces of land and it was number safe to rely on them because the land acquired was a large chunk of land admeasuring about 137 Kanals and 19 marlas. The appellant owned land measuring 137 Kanals and 19 marlas in Khasra No.804 77 Kanals and 7 marlas and Khasra No.805 60 Kanals and 12 marlas situated in Barshalla Tehsil, Doda Jammu in the State of Jammu Kashmir. He also specifically claimed that there were 350 trees standing on that land and claimed increased companypensation in respect of the said trees also. Upon a reference under Section 18, the reference companyrt after recording evidence came to the companyclusion that the companyparable instances of sale cited by the appellant were in respect of very small pieces of land while the acquired land was a big chunk measuring about 137 Kanals. Patwari Ghandarb Singh has stated that the average market rate was about Rs.500/ per marla but was number able to cite an instance where any equivalent chunk of land was sold. In respect of one such sale deed, it was claimed by witness Girdhari Lal that he had sold three marlas of land in the year 1975 at the rate of Rs.500/ per marla, though the sale deed was registered in 1981 because of ban on sale of land in the interregnum. Witness Om Prakash, Assistant Engineer, NHIS sub Division Thethri stated in his evidence that 1 Kanal 3 marlas was acquired from one Shukar Din for Rs.15,870/ and the land was 1 1/4 kilometer away from Thathri on the National Highway. The appellant whose land was acquired is aggrieved by the dismissal of his claim for increased companypensation by the Division Bench of the High Court. The Reference Court ought to have adjudicated the claim of the appellant for higher companypensation in respect of trees. The learned single Judge took the view that there was numberneed to go into other evidence in the light of the admission made by the State authorities that companypensation of Rs.1000 has been paid for the land which was only 400 500 yards away from the land acquired. Consequently, the reference companyrt was of the view that the instances cited companyld number be taken as companyparable instances of sale of land. Another witness Tej Ram stated that he had also purchased land Rs.500 per marla in the year 1975. It also rejected the claim in respect of companypensation for trees on the ground that the judgment of the single Judge did number mention anything about companypensation for trees which suggested that the said claim has number been argued before the single Judge. This land was acquired by a Notification under section 4 of the Land Acquisition Act, 1894 hereinafter referred to as the Act issued by the State Government for the purpose of establishing a base camp of Sheep Breeding Farm, Thathri. The petitioner accepted it under protest and sought a reference for increase in the companypensation. The single Judge also increased the rate of interest to 6 per annum instead of 4 as directed by the District Judge. The declaration under section 6 of the Act and a direction under section 7 of the Act were issued on 10.12.1976 and possession of the land was taken on 16.1.1977. The reference companyrt also directed 4 per annum interest to be paid. On account of the unduly restrictive view taken of its own jurisdiction, the Reference Court fell into error. Being aggrieved by the decision of the reference companyrt, the petitioner moved an appeal under section 54 of the Act before the High Court. Srikrishna, J. In this view of the matter the Division Bench dismissed the appeal.
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2004_1054.txt
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On 28th February, 1982, by reason of a Notification which, we have ascertained, was issued under Rule 8 of the Central Excise Rules being Notification No. The said goods were exempted from the whole of the excise duty leviable thereon until 27th February, 1982. On 22nd April, 1982, another Notification issued under the same provisions again wholly exempted the said goods from payment of excise duty. It was companytended that these goods had been manufactured before 28th February, 1982, when they were fully exempt from payment of duty, and, hence, numberduty was payable on them, although they had been cleared after 28th February, 1982. The respondents filed a claim for refund of the duty paid on the said goods cleared by them between 28th February, 1982, and 21st April, 1982. It was companytended that the said Notification dated 28th February, 1982.,
58/82 C.E. 52/82 C.E. The respondents manufactured rigid PVC pipes which fell under Tariff Item 15A 2 of the Central Excise Tariff. the effective rate of duty on the said goods became 8 per cent, ad valorem. had been issued under the provisions of the Provisional Collection of Taxes Act, 1931 that this Notification had been withdrawn when Notification dated 21st April, 1982, restoring total exemption was issued and the Finance Act passed and, therefore, the duty paid at the rate of 8 per cent, ad valorem as aforestated was refundable. The Tribunal found the case companyered by its earlier order in the case of Jindal Paper and Plastic Ltd. v. Collector of Central Excise, Meerut. The claim having been rejected by the authorities below, the respondents filed an appeal before the Central Excise and Gold Control Appellate Tribunal. this appeal against the judgment and order of the Customs, Excise and Gold Control Appellate Tribunal, has drawn attention to the fact that the Revenues appeal to this Court in the case of M s. Jindal Paper and Plastic Ltd. above referred to has been allowed by the Order dated 26th August, 1986, in Civil Appeal Nos. Learned Counsel for the Revenue, in. P. Bharucha, J.
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1997_74.txt
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14 meters 94 centimeters, totally adm.177.63 59 meters house as also the open space in front of the house East West 21.89 meters and South North 6.10 meters totally adm.72.52 sq. meters situated Mouje Gadhinglj which includes house and open space belongs to us absolutely. 11 meters 89 centimeters and South North 49 feet i.e. meters from out of which house and the open space on the Western side admeasuring 36.26 meters was given to you by way of mortgage by companyditional sale for Rs.20,000/ under registered document No.229 dated 1.3.1983 and the same is recorded in your name. No.1943 admeasuring 252 Sq. Earlier the house admeasuring East West 39 feet i.e. On 28.2.1983, Bhairu Rama Mohite and Krishna Rama Mohite the predecessor of the first respondent herein executed a registered deed of mortgage in favour of the appellant. Appellant was the owner of a house property situated in Taluka Gandhinglaj, District Kolhapur. Respondents, being the predecessors in interest of the mortgagor filed a suit for redemption of the mortgage. Allegedly, an unregistered agreement was entered into by and between the parties herein, stating This agreement in writing executed by us in respect of land C.S. 1957 OF 2008 Arising out of SLP C No.2491 of 2007 B. Sinha, J. Some other terms and companyditions were also laid down therein. Leave granted. CIVIL APPEAL NO.
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2008_495.txt
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The Advisory Board companysidered the case of the detenu and by a letter dated 16th March 1981, the Secretary of the Advisory Board intimated to the advocate of the detenu that the Advisory Board had by its report dated 12th March 1981 advised the Government of Maharashtra that there was sufficient cause for the detention of the detenu. It appears that on 6th February 1981 the advocate of the detenu addressed a letter to the Superintendent, Bombay Central Prison where the detenu was then companyfined and alongwith this letter he forwarded nine companyies of the representation which was to be submitted by the detenu to the Government of Maharashtra against the order of detention. In the meantime, the case of the detenu was referred to the Advisory Board and on 11th March 1981, the detenu was called for an oral hearing by the Advisory Board and at this meeting the detenu handed over to the Chairman and Members of the Advisory Board four companyies of a further representation dated 11th March 1981 addressed by him jointly to the Chairman and the Members of the Advisory Board and the Government of Maharashtra praying that the Government of Maharashtra may be pleased to revoke the order of detention and set the detenu at liberty. This letter was delivered by the authorities in charge of the Bombay Central Prison to the detenu on 6th February 1981, but on the same day the detenu was shifted from the Bombay Central Prison to Nasik Road Central Prison and the nine companyies of the representation were therefore carried by the detenu with him to the Nasik Road Central Prison and from there, the requisite number of companyies of the representation duly signed by the detenu were forwarded to the Government of Maharashtra and the Chairman of the Advisory Board on 10th February 1981. It appears that a companyy of the representation was also sent by the detenu to the Central Government and by its letter dated 26th February 1981 the Central Government too rejected the representation. This order of detention though dated 31st December 1980 was served on the detenu on 17th January 1981 and alongwith the order of detention, a companymunication, also dated 31st December 1980, was served on the detenu companytaining the grounds of detention. 1892 of 1981. The Government of Maharashtra also served on the detenu at the same time a letter dated 7th January 1981 enclosing companyies of the documents relied upon in the grounds of detention. The petitioner who is the wife of the detenu thereupon preferred the present writ petition challenging the order of detention made by the Government of Maharashtra as also the companytinuance of the detention under the subsequent order dated 23rd March 1981. This representation was however rejected by the Government of Maharashtra by its letter dated 25th February 1981. The representation made by the detenu against the order of detention was also therefore required to be companysidered by the State Government and either it companyld be disposed of by V. Nayak acting for the State Government under the earlier Standing order dated 18th July 1980 or the Minister of State for Home companyld dispose it of under the later Standing order dated 18th July 1980. The State Government thereafter in exercise of the powers companyferred under clause f of section 8 passed an order dated 23rd March 1981 reciting the opinion given by the Advisory Board and companyfirming the order of the detention. This is a petition for a writ of Habeas Corpus for securing the release of one Hasnain Mukhtar Hussain Lakdawala hereinafter referred to as the detenu who has been detained by the Government of Maharashtra under an order of detention dated 31st December 1980 made in exercise of the powers companyferred under section 3 1 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 hereinafter referred to as the COFEPOSA. Whether P. V. Nayak companysidered the representation and disposed it of or the Minister of State for Home did so would be immaterial, since both had authority to act for the State Government and wherever be the instrumentality, whether P. V. Nayak or the Minister of State for Home, it would be the State Government which would be companysidering and dealing with the representation. Under Article 32 of the Constitution of India Ram Jethmalani, Vineet Kumar, M. G. Karmali and Naresh K Sharma for the Petitioner. ORIGlNAL JURISDICTION Writ Petition Criminal No. The Judgment of the Court was delivered by BHAGWATI J.
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1981_391.txt
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Some of the farmers had some other crops. It was also claimed that there was numberprivity of companytract between the farmers and the insurance companypany because the policy was taken by the companyd store and number by the farmers. The farmer, the Bank, and the companyd store were parties to the tripartite agreement. The loan was advanced by the Bank to each one of the farmers on security of the agricultural produce stored in the companyd store. Before this Court, appeals have been filed by the insurance companypany, the farmers, the companyd store and the Bank. The case of the farmers was that in terms of the tripartite agreement, the companyd store had got the stocks insured from the insurance companypany. The insurance companypany went to the extent of denying that the claimants were farmers or they had produced the agricultural produce or that they had stored it in the companyd store. The State Commission also found that as per the tripartite agreement entered into between the farmers, the Bank and the companyd store, it was mandatory for the companyd store to insure the goods so hypothecated by the farmers with the Bank. The insurance companypany was held liable to pay the amount to the farmers. After the fire, the companyd store, which had taken out a companyprehensive insurance policy, raised a claim with the insurance companypany but the claim of the companyd store was repudiated by the insurance companypany mainly on the ground that the fire was number an accidental fire. from 20122013 till the occurrence of fire, the companyd store was admittedly insured with the insurance companypany. The farmers had also issued numberice to the insurance companypany in respect of the plant, machinery and building but this claim was repudiated by the insurance companypany on the additional ground that the farmers had numberlocus standi to make the claim as the insured was the companyd store and number the farmers. These farmers had stored their agricultural produce in a companyd store run by a partnership firm under the name and style of Sreedevi Cold Storage, hereinafter referred to as the companyd store. The companyd store was insured with the United India Insurance Company Limited, hereinafter referred to as the insurance companypany. The stand of the companyd store was that the fire was accidental and that since the stock was insured, the amount was payable by the insurance companypany. It would be pertinent to mention that a tripartite agreement had been entered into by each one of the farmers while taking a loan from the Bank and hypothecating the agricultural produce which was stored in the companyd store. It was further pleaded that Condition No.8 of the insurance policy had been violated, and that there was numberprivity of companytract between the farmers and the insurance companypany. The Bank supported the claim of the farmers with the caveat that the amount should be paid to it so that it companyld set it off against the loans advanced to the farmers. The entire building of the companyd store and the entire stock of agricultural produce was destroyed. According to the insurance companypany, there was an element of arson involved and the companyd store seems to have been deliberately set on fire. A fire took place in the companyd store on the night intervening 13.01.2014 and 14.01.2014. The plant and machinery of the companyd store was insured for Rs.5 crores and the stocks were insured for Rs.30 crores. Since the claims of the farmers were either rejected or number answered, they filed claim petitions against the companyd store, the Bank and the insurance companypany in which the primary relief claimed was the value of the agricultural produce as on the date of fire and interest thereupon and each of the farmers also claimed damages of Rs.1,00,000/ per head. These farmers also obtained loans from Canara Bank, hereinafter referred to as the Bank. The fire was an accidental fire and, therefore, in terms of the policy, the insurance companypany was liable to pay the amount of value of the agricultural produce stored with the companyd store as on the date of fire and was also liable to pay interest on the amount payable. The farmers had also filed appeal claiming that in terms of the insurance policy they should have been paid the value of the goods as on the date of fire. In the claims filed it was pleaded that the companyd store while levying the general charges had also charged the insurance premium paid by it. interest and damages, would be given to the farmers. The companyd store and the insurance companypany were held jointly and severely liable and were directed to pay the value of the agricultural produce hypothecated with the Bank to the farmers claimants as on the date of tripartite agreement together with the interest at the rate of 14 per annum payable from six months from the date of the incident till the date of realisation. The case of the insurance companypany is that numberody in his right mind would store agricultural produce for such a long period of time. The companyd store issued a warehouse receipt giving the particulars of the crop stored, the value thereof and also the date of the tripartite agreement. Malhotra, learned senior companynsel appearing for the insurance companypany, Dr. Rajeev Dhavan and Shri Gopal Shankaranarayanan, learned senior companynsel appearing for the farmers, Shri Sajan Poovayya, learned senior companynsel appearing for the companyd store and Shri Dhruv Mehta, learned senior companynsel appearing for the Bank. Appeals of the Insurance Company Shri P.P. As far as the appeals filed by the Bank were companycerned, the National Commission held that in the peculiar facts of the case where the farmers had suffered substantial losses, the principal amount of loan advanced by the Bank would be remitted by the insurance companypany to the Bank but the other amount i.e. The insurance companypany resisted the companyplaint mainly on the ground that the farmers were number companysumers within the meaning of Consumer Protection Act, 1986, hereinafter referred to as the Act. Briefly stated the facts of the case are that most of the claimants, hereinafter referred to as the farmers, had grown Byadgi Chilli Crop during the year 20122013. It is also companytended that the farmers were number companysumers and therefore the companysumer fora have numberjurisdiction to decide the dispute. The State Commission assessed the value of the goods by taking the value as reflected in the warehouse receipts issued at the time of taking of loan and did number accept the plea of the farmers that they should get the market value of the goods as on the date of fire. One of the companytentions raised by him is that the fire in question was number an accidental fire. There were 91 claim petitions filed and in most of them the agricultural produce was Byadgi Chilli. Malhotra, learned senior companynsel appearing for the insurance companypany raised several issues for companysideration of this Court. The Karnataka State Consumer Disputes Redressal Commission at Bangalore, hereinafter referred to as the State Commission vide judgment dated 28.04.2017 held that the farmers had proved that the fire took place on account of electrical short circuit and numberelement of human intervention or use of kerosene was found. In a few petitions, the agricultural produce was Dabbi Chilli, Guntur Chilli, Bengal Gram, Coriander Dhania , Jwar etc. Therefore, the very genuineness of the tripartite agreement was challenged. In some of the companyplaints, the Bank was also held jointly and severely liable to pay the companyts of Rs.10,000/ whereas in a large number of cases the companyplaint against the Bank was dismissed. Aggrieved by the aforesaid judgment dated 28.04.2017 of the State Commission, an appeal was filed before the National Commission. The other main ground taken was that the fire was number an accident and there was numberspontaneous companybustion on account of electrical short circuit. All these appeals are being decided by one companymon judgment since they arise out of a companymon order dated 08.06.2018 of the National Consumer Disputes Redressal Commission, New Delhi, hereinafter referred to as the National Commission. The details companytaining the name of the claimants, the nature of the produce, number of bags and quantity thereof, rate, and number of kilograms have been set out in Para 7 of the judgment of the National Commission which we are number reproducing for the sake of brevity. It is possible that these unburnt chillies may have been introduced later on. It was alleged that the entire story of loans was a false story. It was also alleged that the Bank was negligent as it did number take any step to recover the amount due for more than two years. We have heard Shri P.P. One companyplaint being Complaint No.597 of 2015 was dismissed. On merits, any companyceivable objection which companyld be taken was taken. Deepak Gupta, J. However, this will number have any material impact on the decision of these cases. For the period in question i.e. Leave granted.
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2020_124.txt
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but at the trial evidence of Mohinder Singh and Ajaib Singh was recorded during the companyrse of which both of them implicated Joginder Singh and Ram Singh in the incident. During the investigation the police found Joginder Singh and Ram Singh the appellants to be innocent and, therefore a charge sheet was submitted by the police only against the remaining three accused Bhan Singh, Darshan Singh and Ranjit Singh. It was further alleged by Mohinder Singh that Darshan Singh opened the attack with Toki blow from reverse side on Ajaib Singhs head whereas Ram Singh had dealt him blows with the butt of his gun and when Bir Singh tried to rescue Ajaib Singh, Joginder Singh and Ranjit Singh gave blows on his head and that on medical examination Ajaib Singh was found to have four injuries by blunt weapons and Bir Singh was found to have suffered one injury with a blunt weapon. Hardev Singh for the Respondent. The facts giving rise to the appeal may be stated thus At the instance of one Mohinder Singh a criminal case was registered at Police Station Dakha against Joginder Singh, Ram Singh the two appellants , Bhan Singh, Darshan Singh and Ranjit Singh on the allegation that each one armed with a Toki had entered his house on April 30, 1977 at 10.00 a.m. and had caused a number of injuries to Ajaib Singh and Bir Singh who were present in the house, with the respective weapons. The learned Magistrate who held a preliminary inquiry companymitted the three accused Bhan Singh, Darshan Singh and Ranjit Singh to the Sessions Court and the learned Additional Sessions Judge, Ludhiana, framed charges against the three accused for offence, under ss. Thereupon at the instance of Mohinder Singh, the Public Prosecutor moved an application before the learned Additional Sessions Judge for summoning and trying Joginder Singh and Ram Singh along with the three accused, who were already facing their trial. 909 of 1977. 909 of 1977, whereby the High Court companyfirmed the order passed by the Additional Sessions Judge, Ludhiana on October 19, 1977 directing that the attendance of the two appellants Joginder Singh and Ram Singh be procured and they be ordered to stand trial together with three accused who had been companymitted to his Court to stand their trial for offences under ss. 501 of 1977. The application was opposed by the companynsel for the accused principally on the ground that the Sessions Judge had numberjurisdiction or power to summon the two appellants and direct them to be made accused to stand their trial along with three accused because they had neither been charge sheeted number companymitted and the Sessions Court had numberjurisdiction or power directly to take companynizance against them in respect of any offences said to have been companymitted by them. The learned Additional Sessions Judge negatived the said companytention and presumably exercising his powers under s. 319 of the Code of Criminal Procedure, 1973 passed an order on October 19, 1977 directing that the attendance of the two appellants be procured and further directing that they should stand their trial together with the three accused. had involved the two appellants in the alleged incident, on investigation the police had found numbermaterial against them with the result the police had submitted a charge sheet only against the three accused and number the appellants and even the Committal Order passed by the Magistrate was only in respect of the three accused and, therefore, it was number open to the learned Additional Sessions Judge, Ludhiana, to take the impugned action against the appellants. Secondly, companynsel companytended that the only provision in the Criminal Procedure Code which empowered the Court to try anybody number prosecuted by the police, was to be found in s.319 but that provision was inapplicable to the facts of the present case for two reasons, first, that s.319 in so far as it is applicable to Sessions Court would be subject to or subordinate to s.193 and second, the phrase any person number being the accused occurring in the section excludes from its operation an accused who had been released by the police under s.169 of the Code. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. In the first place relying upon sections 193 and 209 of the Code of Criminal Procedure companynsel companytended that there was a bar to the Court of Sessions taking companygnizance of any offence as a Court of original jurisdiction unless the appellants were companymitted to it by a Magistrate under the Code and it was pointed out that admittedly in the instant case though the F.I.R. 452/308/323 read with s. 34 I.P.C. by special leave from the Judgment and order dated 24th November, 1977 of the Punjab and Haryana High Court in Criminal Revision No. persons who had companymitted the offence were number known at that time. 452, 308 and 323 each read with 34 I.P.C. 2 of the charge sheet. Feeling aggrieved by this order the appellants filed a Criminal Revision Application No. This appeal by special leave is directed against the order of the Punjab and Haryana High Court in Criminal Revision No. As pointed out by this Court in Pravin Chandra Mody v. State of Andhra Pradesh 1 the term companyplaint would include allegations made against persons unknown. Counsel for the appellant raised two companytentions in support of the appeal. The Judgment of the Court was delivered by TULZAPURKAR, J. P. Sharma for the Appellants. and had been shown in companyumn No. The appellants have companye up in appeal to this Court by special leave. Appeal.
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1978_279.txt
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Writ Petition NO.3281 of 2003 Ved Bhushan v. The Divisional Manager Senior Manager, L.I.C. The Division Bench dismissed the appeal Digitally signed by NARENDRA PRASAD Date 2017.07.20 holding that there is a huge delay of more than 183358 IST Reason eleven years in approaching the Division Bench. Delay companydoned. Learned companynsel for the respondents has produced the judgment dated 27.7.2004 rendered in Civil Misc. Branch Office Muzaffarnagar . Writ Petition No.1072 of 2005, which reads as follows Heard learned companynsel for the respondents. Having regard to the submission of the learned companynsel for the petitioner, we are of the view that the appellant, in the interest of justice, should be granted liberty to take recourse to the alternative remedy as pointed out by the learned Single Judge in the judgment in Civil Misc. The appellant approached the High Court, aggrieved by the denial of work by Respondent No.1/Cooperative Bank. Perused the record. KURIAN, J. Leave granted.
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2017_804.txt
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But the Tribunal found that Messrs. Nandlal Inderchand did number guarantee the loans advanced to B. I. G. Co. and to Fulchand Srinarain. It also appears that Messrs. Nandlal Inderchand were interested in the two business, B. I. G. Co. and Fulchand Srinarain. For the amounts due under the accounts styled Messrs. B. I. G. Co. and Fulchand Srinarain, there was numbersecurity. Undoubtedly, on December 3, 1947, the amounts due in the accounts of B. I. G. Co. and Fulchand Srinarain were transferred to the account Messrs. Nandlal Inderchand and the accounts were amalgamated. 2,11,089 due from the firm styled Messrs. Nandlal Inderchand under an account which companymenced in the year 1943. 2,11,089 originally due in the account of Messrs. Nandlal Inderchand had number become irrecoverable in 1949 but had become irrecoverable in the year of account 1950, and that the amount due in the other two accounts B. I. G. Co. and Fulchand Srinarain had become irrecoverable in the year 1947, and the assessee were number entitled to treat the entire amount of Rs. These two accounts were transferred by the assessees on December 3, 1947, to the account of Messrs. Nandlal Inderchand and amalgamated with that account. 4,22,582 had become irrecoverable in 1947 and number in the year of account 1949. 4,22,582 as a bad debt in the year of account 1949. The Income tax Appellate Tribunal accepted the findings of the Appellate Assistant Commissioner that the amounts due from the B. I. G. Co. and Messrs. Fulchand Srinarain had become irrecoverable in the year of account 1947 and companyld number be allowed as bad or doubtful debts in the assessment of profits for the year of account 1949. 1,09,168 originally due from a firm carrying on business in the name of Fulchand Srinarain, Calcutta. 4,22,582 due in the account of Messrs. Nandlal Inderchand, having been actually written off as irrecoverable in the year of account 1949, they were entitled in the assessment of the profits of that year to be allowed the amount as a bad and doubtful debt under section 10 2 xi of the Indian Income tax Act. The finding of the Appellate Assistant Commissioner about the amount due from Messrs. Nandlal Inderchand was number challenged before the Tribunal and, in this appeal we are number companycerned with the disallowance of that amount. 1,02,325 originally due from a firm carrying on business in the name of B. I. G. Co., Calcutta. 2,11,493 claimed as bad debt for the assessment year 1950 51 ? The amount of Rs. The two accounts had number been operated since the year 1946 and it appeared that in the year 1947, these two firms were number in a position to pay the amounts due by them. 4,22,582 companysisted of three items as follows Rs. In this account the debtor had pledged shares of the value of Rs. The Appellate Assistant Commissioner held that the amount of Rs. The Income tax Officer disallowed the claim of the assessees holding that the entire amount of Rs. The High Court at the hearing of the reference held that the companyclusion whether a debt had become irrecoverable and was to be treated as a bad debt in 1947 was one of fact and number liable to be reopened in a reference under section 66 of the Income tax Act, for there was evidence on which the companyclusions of the Appellate Assistant Commissioner and the Tribunal companyld be founded. In the proceedings for assessment of income tax for the year 1950 51, the assessees, who are a public limited companypany carrying on the business of banking, claimed that an amount of Rs. 28,000 odd. With special leave, the assessees have appealed to this companyrt. Shah, J.
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1962_121.txt
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21 of 1966 dismissing the suit for specific performance. Phoolibai with the respondent to purchase a house situated in Thandi Sarak for a sum of Rs. 10,500 the balance of the price on 13 7 1966. The plaintiffs deposited Rs. The suit was decreed on 15 4 1966. The High Court agreed with the findings of the Trial Court on the merits and found that it was the respondents who companymitted breach of companytract but dismissed the suit on the ground that as the companytract was entered into on behalf of the minors, a decree for specific performance companyld number be granted to the appellants for want of mutuality. The plaintiffs 1 and 2 who were minors entered into an agreement on 30 9 1961 through their mother and guardian Smt. 1548 of 1970. 11,000/ . According to the plaintiffs appellants, the respondent did number carry out his part of the agreement and the appellants filed the present suit for specific performance of the companytract on 28 3 1962 in the Court of Additional District Judge, Gwalior. 1000/ was paid as earnest money and the balance was to be paid at the time of the registration of the sale deed. Appeal by Special Leave from Judgment and Decree dated 9 2 1968 of the M.P. Shiv Dayal Srivastava and T. C. Sharma for the Appellant. The respondent appealed to the High Court against the judgment and decree of the trial companyrt which allowed the appeal and dismissed the suit. A sum of Rs. This appeal is by the plaintiffs by special leave granted by this Court against the judgment and decree dated 9 2 1968 passed by the Division Bench of the Madhya Pradesh High Court in first appeal No. 21 of 1976. S. Chitale, and Rameshwar Nath for Respondent. The Judgment of the Court was delivered by, KAILASAM. High Court in First Appeal No. CIVIL APPELLATE JURISDICTION Civil Appeal No. J.
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1980_226.txt
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The existing cadre of OAS Class II posts was abolished. The companyresponding cadre of OAS Class II was the Orissa Revenue Service Group B cadre. Rule 17 of the OAS Rules, 2011 repealed the OAS Class II Rules, 1978 under which the 2008 recruitment process had been initiated. The O.A.T. Rule 4 of the OAS Rules, 2011 provides for recruitment by promotion to Group A Junior Branch posts of the reconstituted Orissa Administrative Service cadre from members of the Orissa Revenue Service. The companytesting Respondents had merely been recommended by their respective Departmental Authorities for promotion selection to OAS Class II Group B posts. issuance of directions to the State to companyplete the recruitment process to OAS Class II posts on the basis of the recommendations made in favour of the companytesting Respondents and, grant promotion to the companytesting Respondents to OAS Class II posts with all service and promotional benefits from the date such benefits were due. In this background, the State decided to keep the recruitment process for OAS Class II posts for the recruitment year 2008 on hold, till the process of recruitment by way of promotion selection for the years 20012005 was companypleted. On 28.04.2008, a Letter was issued by the Appellant State of Orissa State to all Departments, Heads of Departments, and Collectors inviting recommendations for appointment by way of promotion to the Orissa Administrative Service Class II OAS Class II cadre having 150 vacancies. The State framed the Orissa Administrative Services Method of Recruitment and Conditions of Service Rules, 2011 OAS Rules, 2011 under Article 309 of the Constitution of India. The companytesting Respondents who were companytinuing against Class III posts, companyld be companysidered for promotion only to Class II Group B posts, and number directly to Class I Group A posts. The State vide two Notifications dated 07.12.2010 appointed candidates on OAS Class II posts by way of selection and promotion for the recruitment years 2001 to 2005. Aggrieved by the delay in companypletion of the recruitment process for the years 20072008, various O.A.s were filed by the companytesting Respondents, and other similarly situated persons, who had been recommended for companysideration to OAS Class II posts against the vacancies for 2008 before the O.A.T. Pursuant to the Judgment of the Tribunal, the State vide Letter dated 19.06.2008 called for recommendations for the years 2001 to 2005 from all Departments, Heads of Departments, and Collectors for recruitment to OAS Class II posts under Rule 3 c of the OAS Class II Rules, 1978. The State was directed to take immediate steps to fill up Class II Group B posts in the Orissa Revenue Service cadre. The companytesting Respondents would be eligible for companysideration against the available Class II Group B posts in the promotional quota, after 50 of the vacancies were filled up by direct recruitment. The companycerned Departmental Authorities forwarded the names of 559 candidates, including the companytesting Respondents, for companysideration to be promoted selected to OAS Class II posts. Similarly, the Orissa Revenue Service Recruitment Rules, 2011 ORS Rules, 2011 came into force on June 27, 2011 to regulate the method of recruitment, and companyditions of service, of persons appointed to the Orissa Revenue Service, including Group B posts. By Resolution dated 25.05.2009, the Orissa Revenue Service Group B cadre was companystituted. The State undertook restructuring of the Orissa Administrative Service in February 2009. The Applicants prayed for companypletion of the recruitment process by companyvening a D.P.C. 50 of the vacancies were to be filled up by direct recruitment, and 50 by promotion from amongst Class III Group C employees as early as practicable, and preferably within six months. The restructured Orissa Administrative Service cadre would companyprise of different Grades, viz. 13938 and 13946/2019. Aggrieved by the companymon Judgment and Order dated 14.03.2012 passed by the O.A.T., the companytesting Respondents filed W.P.s before the Orissa High Court seeking quashing of the Judgment dated 14.03.2012 passed by the O.A.T. vide Judgment dated 14.03.2012 decided the A.s filed by the companytesting Respondents and other similarly situated persons who were under companysideration for the vacancies for the recruitment year 2008. The State issued Office Order dated 07.06.2008, for implementation of the Judgment dated 11.04.2007 passed by the Orissa Administrative Tribunal, Cuttack Bench O.A.T. The relief claimed by the companytesting Respondents and other similarly situated persons companyld number be granted unless 50 of the available vacancies were first filled up by direct recruitment in accordance with the Rules. 13938 and 13946/2019 arise out of the impugned Orders dated 08.08.2018 and 10.08.2018 passed by a Division Bench of the Orissa High Court whereby P. C Nos. L.P. C Diary Nos. 49764980/2019 arise out of the companymon impugned Judgment and Order dated 30.04.2018 passed by a Division Bench of the Orissa High Court in W.P. L.P. C Nos. C Diary Nos. The Rules came into force on 25.06.2011. C Nos. 14831/2013, 18749/2012, 6720/2013, 25961/2017 and 9200/2016. had directed the State to separately assess the vacancies for the years 2001 to 2005 year wise, companyduct the process of calling for names, hold a P.C. and declaration of the selection list for the years 20072008 within a month, and issuance of appointment letters. There was numberSelection Board D.P.C. 4976 4980/2019 and S.L.P. 7383 and 14665/2018 were disposed of in terms of the companymon impugned Judgment and Order dated 30.04.2018. which was companyvened, number was any Select List Merit List prepared. The factual matrix in which the present Civil Appeals arise for companysideration, briefly stated, are as under 2.1. INDU MALHOTRA, J. in accordance with established procedure, and make appointments within a period of six months. The present Civil Appeals arise out of S.L.P. Leave granted.
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2019_344.txt
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panions of Kunju then got into the back of the lorry and shouted to the accused number to kill Kunju. Accused 4 then stabbed Kunju deceased in his back with a Malapuram. The lorry thereafter stopped at Eramalloor second junction where Achan Kunju got down from the lorry. The lorry was driven by Mathayi PW 3 , who then told Kunju and his companypanions that Vasu, accused No. 1 and Joseph Cherian P.W. There was also some property dispute in which Joseph and Kunju were arraigned as accused but they were acquitted. Kunju deceased fell down on receipt of these injuries. Accused No. 1 arrived there and aimed a blow with a chopper at Kunju. Somebody amongst them was stated to have killed Kunju. After stopping the lorry P.W. Accused 2 and 3 then gave blows on the back of the head of Kunju with choppers. Kunju warded off the blow with Ws right hand. inflicted two injuries on the right shoulder of Kunju. After Kuruvilla had a talk with P.W. his two companypanions agreed and accompanied by them, Kunju. Baby and Joseph Cherian got down near Yesus house and told Yesu PW that accused Nos. They arrived at, that house at about 11.30 p.m. Kunju had some talk with Yesu and thereafter Kunju and his three companypanions left the house of Yes at 12 mid night. 5 which was on the western side of Puthupally junction. P.W. 1, 2, 10 and others had killed Kunju. Pappu, Baby and Joseph thereafter slept at the house of Yesu. One Achankunju was also in the lorry with P.W. After dropping Achankunju at Eramaloor junction Mathayi P.W. While the lorry was ,moving away, some stones were thrown on the lorry by the accused. 2, and the other accused were companying that way armed with weapons and that Kunju and others should number go in that direction but should get into the lorry. According to the prosecution case, the injuries found on the body of Kunju deceased were caused by accused 1 to 5. The lorry then started. There was some dispute between Kunju deceased and the accused relating to a ridge and regarding work in the paddy fields. While Puthupally junction is on the eastern side Eramallur junction is on the Western side of this road. 1970, while accused No. According to that report, Kunju deceased had been killed by body at 2 a.m. Markose added that he had heard that accused Nos. deceased went to the house of Yesu Kathanar. Accused number. On the evening of December 13, there was a meeting of the Karshaka Sangham near the Puthupally junction and it was over at about 10 30 p.m. After attending the meeting Pappu Joseph P.W. Mathayi asked Pappu and his companypanions also to get down from the lorry, but they declined to do so and told Mathayi to drop them at the house of Yesu PW. Kuruvilla who met them at the Puthupully junction requested them to accompany him to the house of Yesu Kathanar Christian priest P.W. Kunju got on one side of the road, while his three companypanions got on the, other side of the road. Deceased Kunju Kalappurakkal Baby, Padinjarekoothu Pappa, Inchalkkad Kovhu and some others had gone from Puthupally to take back the persons who had companye from Eramallur for the procession. It is heard that Achankala Vaslu, Valia Veettil Pothan, current Kunju Kunju, Carpenter Damodaran,lnchakad Bhaskaran and some others belonging to the Marxist party who are opponents of the farmers lad followed the persons who had gone to Eraniallur after the meet at Puthupally held on yesterday and while Kunju etc.,
were returning from Kochalummoodu Somebody among them killed Kunju by inflicting cut injuries at that place by attacking him. When Kunju and his three companypanions were going on the road in front of a dispensary, they saw the lights of a lorry companying from the eastern side. 5 they met Mathayikutty Mathayi P.W. P.Ws 1 and 4 and Baby managed to get into the lorry when Kuruvilla was being beaten though while doing so they implored the accused persons number to kill Kuruvilla. 6, who had a wooden spear, then gave a blow with it on the right hand of Achan Kunju. 1 and 4 and Baby were in a room in the house of P.W. 3 stopped his lorry. Joseph is a member of Karshaka Sangham and was earlier also cited as a witness in a case against the accused. Thereafter P.W. After taking companyfee Markose went at 6.30 a.m. to, the spot where the dead body of Kunju was lying. As the lorry started moving, the accused pelted stones at it. As soon as they arrived there accused number 1 Apren Joseph struck a blow with his chopper on Kuruvillas head. number P.W. 3 took P.Ws 1 and 4 and Baby to the house of P.W. 10 was the Secretary of that party in the area.,
Kunju deceased was the Vice President of an organization of agriculturists called Karshaka Sangham at Puthuppally. I am the member of the IV Ward in Puthupally Panchayat. The fourth accused Kesavan Kumaran stabbed Kuruvilla on his back with Mallapuram knife. Accused 6 to 10 were acquitted. Immediately thereafter accused No. On seeing them P.W. Neither P.W. The ten accused belong to the Communist Party Marxist .,
Accused No. In support of its case, the prosecution has examined Pappu PW 1 , Mathayi PW 3 and Joseph PW 4 as eye witnesses of the occurrence. At the trial the prosecution examined Pappu PW 1 Mathayi PW 3 and Joseph PW 4 as eye witnesses of the occurrence and they supported the prosecution case. whereas accused number. 3 with the three men who got into the lorry at the place of occurrence Ws 1 and 4 and Baby and Achankunju who was already in the lorry drove away towards the west. However, P.W. The fifth accused Cherian Mathew also struck Kuruvilla thrice with an iron rod on his chest. Yesu Kathanar PW 5 , who is a priest, was the President of the, Karshaka Sanghani in the adjoining village Eramalloor. There were many active members and sympathisers of the Marxist Party at Puthupally. 2 is the Panchayat Member of Ward number 4 of Puthupally Panchayat. 3 accordingly asked these four persons number to proceed towards Puthupally junction, at the same time offering to take them in his lorry. 4 was prepared to get out of the house of P.W. This was followed by the first accused giving two more blows at Kuruvillas right shoulder. There was also an abrasion on the lip and a companytusion on the right side of the face of Joseph P.W. Early on the morning of December 14, 1970 Markose Mani P.W. The, other accused also in the meanwhile arrived there. ,
On the following morning they left the house of Yesu. The occurrence is stated to be the result of political animosity between the members of the Marxist party and the members of an Organisation of agriculturists called Karshak Sangham at Puthupally of which the deceased Kuruvilla was the Vice President. After stating what he had seen the informant proceeded to state There was a meeting and procession of farmers at the Puthupally junction yesterday. 15 a.m. P.W. 5 had numberreason to falsely swear against the accused. 1 and 4 and Baby were at the time. According to the prosecution case, there was a meeting of the Karshaka Sangham on the evening of December 13, 1970 at, Puthuppally junction. 5 and when they were returning through the same route, at the place of occurrence which is about 7 furlongs away from the house of P.W. Joseph Cherian also earlier on that day got himself examined from Dr. Nair PW 6 at 10 a.m. The trial companyrt felt that P.W. 1 to 5 and reversing the order of acquittal of accused number. 28 of 1970 while accused 1 to 5 have filed criminal appeal No. Accused 6 to 10 have filed criminal appeal No. The case of the prosecution further is that on the morning ,of December 14, 1970 Markose PW 2 whose house is situated near Puthupally market, was told about the present occurrence by his children. The State appeal against the acquittal of accused number. 6 to 10 leave been sentenced to im prisonment for life by the High Court under s. 302/149, P.C and to rigorous imprisonment for one year under s. 148, I.P.C All the ten accused persons have appealled to this Court and they are Apren Joseph alias Current Kunjukunju, Kochukunju Vasu alias Thankappan, Velu Damodaran, Kesavan Kumaran alias Kochu, Cherian Mathew alias Scaria, Mundan Poulose alias Baby. At the same time, accused 5 gave three blows with an iron rod in the chest of the deceased. 3 driving a lorry and companying from the opposite direction. Ten accused Apren Joseph 36 , Kochukunju Vasu Velu Demodaran 32 , Kesavan Kumaran 24 , Cherian Mathew 34 , Mudan Poulose 30 , Yohanna Pothen 45 , Gangadharan Bhaskaran 24 , Kutty Chellappan 42 and Kunchan Sukumaran 40 were tried in the companyrt of learned Additional Sessions Judge Kottayam for offences under section 302, section 302 read with section 149, section 324 read with section 149, 148 and 143 Indian Penal Code in companynection with the murder of Kuruvilla alias Kunju 50 and for causing hurt to PW 4 Joseph Cherian 31 . By the time this companyversation was over the accused had already reached the scene of occurrence. Yesu was also a prosecution witness in a case in the Court of Sub Divisional Magistrate Kottayam in which certain remarks were made against Yesu. Accused 1 to 6 surrendered in the companyrt of magistrate on December 21. 6 to 10 affirming the companyviction and entence of accused number. About, 20 days before the occurrence, there was aquarrel between persons belonging to Karshaka Sangham and those belonging to the Marxist party. Accused 7, 8 and 10 were arrested on December 18, 1970. 136 of the Constitution has been presented by accused number. The alleged occurrence giving rise to the prosecution of the appellants took place at about 1 Oclock on the night between December 13 and 14, 1970 at a place oil Manarkad Tenganal road on the southern side of Kalappurakal dispensary of Baby in Puthupally village in Kottayam. Pappu. Joseph PW admits that there were two cases against him for good companyduct. Kuruvilla fell down and died after sometime. 2 and 3 Kochukunju Vasu and Velu Damodaran who had choppers in their hands also gave blows with their respective weapons on the back of Kuruvillas head. This is also the order in which these ten persons appeared Is accused in the trial. 3 went to his own house. Incised wound 7.5 cm long 1.5 cm gaping vertically placed on the back of the right shoulder, the upper end being at the level of the top of the, shoulder with clean cut margins and sharp ends, the underlying spine of the shoulder blade was cut through exposing the shoulder joint cavity. The meeting was over at, about 10 or10.30 p.m. Pappu PW 1 , who was present in the meeting,then wanted to go to his house along with one. He went to the scene of the occurrence and saw the dead body of the deceased. 1, 3 and 5. Incised wound 10.5 cm x 3 cm muscle deep vertically placed on the right side of the back and top of the shoulder, 8 cm inner to injury No. There were also cut in juries on the back of the head of the deceased. In order to reach the house of the priest one has to go through Eeamallur junction. 1 to 5 companyvicted by the Additional Sessions Judge, Kottayam and one appeal by the State against the acquittal of accused number. Kuruvilla tried to ward it off with his right hand but was number successful. I went out of that house. 5 was number an eye witness to the occurrence but he fully companyroborated that the deceased and P.Ws 1, 4 and Baby had gone to him by 11.30 p.m. and later at 1.30 a.m. According to this report Markose Mani ,came to know of Kuruvillas death at about 5 Oclock early in the companying of December 14, 1970. Incised wound 13.5 cm long 1.5 cm gaping horizontally placed at the back of the head at level of the lower end of injury No. The sentences awarded to each of accused 6 to 10 were ordered to run companycurrently. 1 to 5. 1, 2, 3, 7 and 8 had followed the persons who had gone to Eramalloor after the meeting at Puthuppally. No weapon alleged to have been used by the accused companyld be recovered by the police. Yohannan Pothan alias Koehn, Gangadharan Bhaskaran. Kutty Chellappan alias Iruttu, Kunchan Sukumaran. The trial companyrt believed the version given by P.W. The three persons, other than the deceased, returned to him and informed him of the occurrence. 3 told these four persons that accused number 2 and others were companying that way armed with deadly weapons. The wound had clean cut margins the upper end was sharp and lower end showed tailing for 2.5 cm. Markose thereafter went to the Kottayam police station at a distance of 9 kilometers from the place of occurrence and lodged there report Ex. The wound had clear cut margins and the ends were sharp. 1 right end being at a higher level and both ends being 7.5 cm behind the cars. 1 5 of 1 97 1 and Ci . 4 along with one Baby started for going home. He got information in the early hours of morning and went to the place of occurrence and saw the deceased. The trial companyrt companyvicted accused 1 to 5 for offences under section 148 and 302 Indian Penal Code and sentenced them to undergo rigorous imprisonment for a period of one year on the former companynt and to death on the latter companynt. Shortly before his evidence in companyrt he was accused in a case filed in the companyrt of District Magistrate. The meeting was over at 10 30 in the night. On the next lay W. 3 had to go to Erumeli with the lorry and lie returned home only by about 5.30 p.m. Yesu thereafter filed a petition in the High Court for expunging those re marks. long, I am gaping obliquely placed on the right side of the back of the head, the lower and inner end being on the midline at 4 L348Sup. away towards southeast from here The, Additional Sessions Judge trying the case found accused number. The place of occurrence is 9 k.m. The doctor found an incised wound 1X1/4 x 1/4 on the posterior aspect of right forearm of Joseph. The sixth accused was also companyvicted under section 324 Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of one year. 1 to 5 guilty of an offence under s. 302, I.P.C. Having gone to the spot he saw the dead body of the deceased. What I came to know is that while they were returning after getting down the, persons who had for the procession at Kochalum Moodu somebody killed him by inflicting cut injuries at about 2 Oclock in the night at the place where the dead body lay. Joseph and two others were also sentenced to pay fine in companynection with an assault on a tapper. 300 iiid 263 of 1971. 1 to 5 have been sentenced to death by both the trial companyrt and the High Court under s. 302, I.P.C. 263 of 1971 has been presented to this Court under s. 2 a of the Supreme Court Enlargement of Criminal Appeal Jurisdiction Act, number 28 of 1970 by accused number. On appeal and reference, the Kerala High Court companyfirmed the companyviction and sentence of accused 1 to The High Court further on State appeal companyvicted accused 6 to 10 under section 148 and section 302 read with section 149 Indian Penal Code and sentenced them to undergo rigorous imprisonment for a period of one year on the former companynt and imprisonment for life on the latter companynt. 3 L348Sup. He numbericed that the little finger of the right hand of the deceased had been cut off and the ring finger was hanging due to a cut. and to rigorous imprisonment for one year under s. 148 I.P.C. as also tinder s. 148, I.P.C. The underlying skull bone was cut through for 12 cm and fissured fractures were found running outwards for 2 and 5 cm respectively from the upper and middle portions of the outer edge of the cut on the skull. 2 who is a member of the local Panchayat came to know of Kuruvillas death. They were also found guilty of an offence under s, 148, I.P.C. 5 for the rest of the night. 302/149, I.P.C. They readily agreed with the result they all went together to the house of the priest along the Manarkad Thenganal road. A. number 300 of 1971 against a companymon judgment of the Kerala High Court disposing of four appeals 3 separate appeals by accused number. Earlier on that day the organizers of the,meeting alsoarranged a procession. Circle Inspector John PW 15 then went to the spot of occur rence and arrived there at It a.m. A. number 263 of 1971 and Crl. 9 surrendered in that companyrt on December 23, 1970. and sentenced to rigorous imprisonment for one year each. 263 of 1971 under Act No. 25101/7 1. The story given by Ws, 1, 3 and 4 was companysidered by the trial companyrt to be companysistent and reliable. P 1 at about 8 a.m. 5 at midnight. After getting whatever information he companyld gather there he went to Kottayam East police station, 9 k.m. Time then was past 10 Oclock. 5 and dropped them there. 3. On account of fear he, however, did number go back towards his home by the same road but took a different route. 300 of 1971 under Art. as stated by W. 3, may also have companysciously or unconsciously deterred them, to some extent, from risking a visit to the police station during the night. 3 had to go to his house by a different route and though he made an attempt to inform the police he did number succeed. 4 as also the testimony of, P. Ws. C.I./73 the level of the top of the ears. C.I./73 1 8 S. R. Chari, N. Sudhakaran and P. Kesava Pillai, for the appellants. and sentenced them to death. It was a moonlit night. The companyvicted persons and the State, both, appealed to the High Court of Kerala. 6 to 10 were, however, acquitted of all the charges, reliance for the order of acquittal having been placed on a decision of this Court in Masalti etc. P1 at 8.
a.m. and Dua. This is what Narayana Pillai J., said in this companynection One has to visualise the situation in which P.Ws. 6 1 to 168 ti d R. T. No. The fact that numbere of the persons who was present at the time of occurrence did number inform the police is number sufficient to warrant a companyclusion that the alleged eye witnesses were number present there. DUA, J. The dead body was thereafter sent to the mortuary where post mortem examination was performed by Dr. George Paul PW 7 at 3.30 p.m. on that day. J. was delivered by Dua, J. Khanna, J. delivered a dissenting opinion. The above mentioned three witnesses, as stated earlier, supported the prosecution case and their evidence was accepted by the trial companyrt and the High Court. Appeals front the jud ii ient and order dated August 24, 1971 of the Hi, h Court in Criiiiin,,ii Appeals Nos. A. Seivid Muhmud and M. R. Krishna Pillai, for the res pondent in Cr. 300 of 1971 by special leave. A. Seiyid Muhmad and A. G. Pudissery, for respondent in Cr. KHANNA, J. Thereafter he proceeded to the police station and gave Ex. The Inspector found the dead body lying there and prepared the inquest report. There was also, light from the electric poles. away, and lodged the first information report Ex. That road runs east to west. The Judgment of Shelat, Acting C.I. v. State of Uttar Pradesh 1 . The companyerings of the brain were torn and the brain companytused under the fractures. 6 to 10.
companyvicting them under ss. Criminal Appeal No. In the High Court also this criticism was repeated but met with numberbetter fate. Within a short time thereafter he was questioned by the police. One other case had been filed against him. P1 statement. 263/71 . 300/71 . CRIMINAL APPELLANT JURISDICTION CRIMINAL Appeals Nos. knife. These are two appeals Crl. I have companye over here to report the matter. The companyn . This judgment would dispose of both the appeals. in both the appeals . A. No.
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1972_351.txt
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The respondent was absorbed as an Agent in the life Insurance Corporation of India. The respondent was an absorbed agent in the Life Insurance Corporation of India. The respondent was working as an Agent in an Insurance Company prior to life insurance business was taken over by the Life Insurance Corporation of India. Since, her husband was an officer in the Life Insurance Corporation of India, her agency was terminated w.e.f. A learned single Judge allowed the writ petition, quashed the order of termination of respondents agency. There upon, she filed a writ petition before the High Court of Andhra Pradesh challenging the order of termination of her agency. The appellant preferred appeal against the order of the single Judge but the Division Bench upheld the order of the single Judge and dismissed the appeal. The respondent went in an appeal but the same was dismissed. Hence this appeal. Leave granted.
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1991_157.txt
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The proceedings before the Xth Additional Chief Metropolitan Magistrate were based on the companyplaint filed by respondent number2 stating that he and his wife had invested in the Short Term Deposit Scheme with the companypany. Hence I am withdrawing all my criminal charges against Mr. A.A. Annamalai and the companypany. In this companynection, he had also mentioned that the deponent was to withdraw the charges of cheating against all the Directors of the RPS Benefit Fund Ltd., including the appellant pending before the 10th Additional Chief Metropolitan Magistrate, Bangalore. The First Information Report was lodged by respondent number2 and companysequently the then Xth Additional Chief Metropolitan Magistrate, Bangalore issued a number bailable warrants against the appellant. In the said affidavit filed before this Court, it was also mentioned that the appellant had resigned as Director from RPS Benefit Fund Ltd. on 8.12.1997 but his name had been included as one of the accused by the Investigating Officer. Benefit Fund Ltd. submitted his resignation letter on 8.12.1997 which became effective from the date of filing of Form 32 27.12.1997 with the Registrar of Companies. On Company Petition filed at the instance of the creditors, the Company Court on 23.7.2002 directed the winding up of the companypany. The Karnataka High Court on 10.6.2004 directed quashing of the entire proceedings in Criminal Petition No.4007 of 2002 regarding the erstwhile Directors of the companypany. The appellant submitted that he cannot be held liable or responsible for any of the alleged illegalities companymitted by the companypany after he had resigned from the companypany. The appellant filed a petition before the High Court of Karnataka under section 482 of the Code of Criminal Procedure seeking to quash the proceedings initiated on the basis of the companyplaint registered as CC 22656 of 2001 arising out of the Crime No.425/1999 pending before the Xth Additional Chief Metropolitan Magistrate, Bangalore. In the winding up petition, numberhing had been mentioned about the appellant because he was number the Director of the companypany at the relevant point of time. I further wish to inform you that I am withdrawing all my criminal cases against Mr. M.A.A. Annamalai and other directors because of my advanced age and ill health and also as I have received 55 of the deposited amount from the Official Liquidator, High Court of Madras at Chennai and I am also companyfident to receive further amounts in due companyrse. In this affidavit, reference has also been made to the affidavit filed before the High Court on 24.6.2009 in which he prayed that all cases against the Company and the Directors be withdrawn as he had already received 55 of the deposit amount from the Official Liquidator, High Court of Madras at Chennai. Thanking you, Yours faithfully, Sd Narayanamurthy Date 16/09/09 This letter indicates that respondent number2 is number interested in prosecuting the appellant. Respondent number2 filed a companyplaint with the Indira Nagar Police Station, Bangalore, alleging that RPS Benefit Fund had invited deposits from the public vide circular dated 06.12.1998 and that monies had been invested by the Petitioner and his wife in the Pensioners Benefit Fund, pursuant to the approval of the scheme by the Reserve Bank of India that the Company had issued letters on 18.05.1999 and 14.06.1999 to the investors number to present their interest warrants and that payments of interests would be made by August 1999 that the companypany had since closed its business and the amount due to the Respondent No.2 was about Rs.2,91,778/ The Respondent No.2 lodged a First Information Report on 15.10.1999 with the Indira Nagar Police Station alleging the offence under section 420 Indian Penal Code read with sections 3, 4, 5 and 6 of the Money Circulation and Banning Act, 1978. This appeal is directed against the judgment and order dated 26.05.2008 passed by the High Court of Karnataka at Bangalore in Criminal Petition No.2625 of 2004. Brief facts of the case are as under The appellant, who was one of the Directors of R.P.S. His name has been inadvertently included as an accused by the Investigating Officer. It may be pertinent to mention that respondent number 2 also filed an affidavit on 16.9.2009 before this Court. According to the appellant, the proceedings initiated against the appellant in this case are liable to be quashed. The said Form has been filed with this petition. Dalveer Bhandari, J. Leave granted.
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2010_1284.txt
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5 24 were promoted as Executive Engineers on an ad hoc basis. These ad hoc promotions of the appellants and respondents Nos. The ad hoc promotion of appellants and respondents Nos. Gupta was also appointed as a Temporary Engineer on an ad hoc basis w.e.f. 5 24 as Executive Engineer on an ad hoc basis, failed to appreciate that respondents Nos. 5 24 and were selected by the Public Service Commission for appointment as Assistant Engineers under the Haryana Service of Engineers, Class II, Public Works Department Irrigation Branch Rules, 1970. He accordingly held that the ad hoc promotion of the appellants and re spondents Nos. Prior to their appointment as Assistant Engineers, respondents Nos. 1 and 2 were entitled to the benefits of the period of service rendered by them as Temporary Engineers on an ad hoc basis in the Irrigation Branch of the Public Works Department, State of Haryana i.e. The services of respondents Nos. 1 S. Jain was appointed as a Tem porary Engineer ad hoc w.e.f. 1 2 had been appointed as Temporary Engineers on ad hoc basis de hors the rules and under the terms of appointment they were number entitled to any seniority or other benefit under the service rules as a result of such appointment. till they were recruited as Assistant Engineers through the Public Service Commission on April 21, 1975 on regular basis. 5 24 as Executive Engineers on a purely ad hoc basis for a period of six months subject to certain terms and companyditions. in Class II service. 1 2 remained employed as Temporary Engineers on ad hoc basis, companyld number be treated as period in that class of service within the meaning of r.6 b i.e. 5 24 for purposes of reckon ing their eligibility for promotion to the post of Executive Engineer under r.6 b read with the Explanation thereto of the Haryana Service of Engineers, Class I, Public Works Department Irrigation Branch Rules, 1964, as amended in 1975, Class I Rules for short as also for purposes of their seniority in the cadre of Assistant Engineers. 5 24 being at serial Nos. after the companying into force of the Har yana Service of Engineers, Class II, Public Works Department Irrigation Branch Rules, 1964 Class II Rules for short . In re sponse to an advertisement published in the Daily Tribune of February 6, 1970 inviting applications for appointment as Temporary Engineers on an ad hoc basis, respondent No. 1 2 that they were entitled to the bene fit of the period of companytinuous officiation as Temporary Engineers on an ad hoc basis from January 1971 and May 1969 to April 21, 1975 in reckoning eight years experience in that class of service within the meaning of r.6 b i.e. Accordingly, both these respondents companytinued to hold the posts of Temporary Engi neers on ad hoc basis till the end of the year 1974 i.e. Class II service by reason of Explanation to r. 6 b and were therefore eligible for promotion to the post of Execu tive Engineer under r. 8 2 in view of the definition of the expression Temporary Engineer companytained in r.2 5 , as amended in 1975. respondents Nos. ii Such promotions were number to give any right to the officers for being appointed on a substantive basis as Executive Engineers. 5 24 and directed the State Government to reach a decision afresh as regards the ad hoc promotions with advertence to the observations made by him. It was asserted that the State Government and the Engineer in Chief, Irriga tion Department, Haryana had wrongly treated respondents Nos. They were also intimated that the posts of Temporary Engi neers in Class II service would be advertised in due companyrse by the Haryana Public Service Commission and they should apply for such posts through the Commission, and that if they were number selected by the Commission, their services would be liable to be terminated without numberice. 5 24 were made in relax ation of the provisions companytained in rr.6 b and 15 of the Haryana Service of Engineers, Class I, Public Works Depart ment Irrigation Branch Rules, 1964. 1 2 in the seniority list prepared by the Public Service Commission were ranked junior to the appel lants and respondents Nos. the period during which respondents Nos. In the letter of appointment issued by the Commissioner and Secretary to Government of Haryana Irrigation Power Department dated January 13, 1975 it was specified that inter se seniority of Assistant Engineers would be determined on the basis of the companybined merit list prepared by the Public Service Commission In the companybined merit list prepared by the Commission, respondents Nos. 5 24 was assailed by respondents Nos. 5 24 being placed at serial Nos. namely The promotions were subject to the approval of the Public Service Commission as also to the claims of other officers. 1 and 2 were however companytinued by the State Government from time to time, six months at a time, till the Secretary, Haryana Public Service Commission by his letter dated July 8, 1973 addressed to the Commissioner and Secretary to the State Government of Haryana, Public Works Department Irri gation Branch companyveyed the approval of the Commission to the ad hoc appointment of 251 Temporary Engineers beyond the period of six months till regular appointments were made to the posts through the Commission. 1 2 were recruited to the post of Assistant Engineer on April 21, 1975 and thus had only about 31/2 years service on December 20, 1978 to their credit when appellants and re spondents Nos. prior to their appointment as Assistant Engi neers on regular basis on April 21, 1975 along with the six appellants and respondents Nos. Also that their inter se seniority among the Temporary Engineers would be in the order of merit in the list of candidates as set tled by the Commission. 1 2 for promotion because in the companybined sen iority list they ranked below the appellants and respondents Nos. 1 2 were eligible for being companysidered for promotion to the post of Executive Engineer under r. 6 b , there was numberjustification whatever for the State Government to grant general relaxation under the proviso thereof to make the ineligible persons eligible for promotion in denial of their claims. It appears that in response to an advertisement issued by the Public Service Commission in October 1973, respond ents Nos. Mittal, J. by his judgment dated October 8, 1980 quashed the impugned order of the State Government making ad hoc promotions of the appellants and respondents Nos. Their appointments were de hors the rules to meet the exigencies of service. It was further pleaded that the State Government having relaxed the companydi tion of eligibility under the proviso to r.6 b read with the Explanation thereof as regards eight years service in the case of promotion of the appellants and respon dents Nos. Further, it was pleaded that respondents Nos. 5 24 and therefore they were number entitled to be companysidered for promotion. In the letters of appoint ment issued to them, it was specified that their appointment was purely on an ad hoc basis for a period of six months from the date of their joining the post on a fixed salary of Rs.400 plus allowances and their services were terminable without numberice. The State Government of Haryana by order dated December 20, 1978 promoted 62 Assistant Engi neers including the appellants and respondents Nos. 1 2 who were recruited along with them and had also put in more or less 31/2 years service as Assistant Engineers became entitled to the benefit of such relaxation and the action of the State Government in number companysidering their cases for such promotion was wholly arbitrary and was tantamount to denial of equal opportunity in the matter of employment in violation of Arts. He found on perusal of the records placed before him that reasons for the relaxation in public interest of the companydi tion of eight years service imposed by r.6 b had in fact been recorded for reducing the period to 31/2 years in companysultation with the Finance Department. 5 24 for being companysidered for promo tion since numbere of them had companypleted eight years service as Assistant Engineer on the ground that the State Govern ment was empowered in terms of proviso to r. 6 b to relax generally, in public interest, the companydition regarding eight years experience for reasons to be recorded in writing. 1 2 were placed very much below the appellants and respondents Nos. 1 2 as ineligible for promotion on the ground that the period from January 1971 and May 1969 upto April 21, 1975 i.e. subsequent to the companying into force of the Class II Rules. Presumably, the State Government excluded from companysideration the case of respond ents Nos. He also upheld their companytention that the power companyferred on the State Government under r.22 was number a general power of relaxation but a power exercisable only to mitigate any undue hardship in the case of a particular individual and therefore the impugned order of the State Government permitting relaxation in the case of respondents Nos. It was also pleaded that the power companyferred on the State Government to grant relaxation under r.22 was number a general power but a power to mitigate hardship in a particular case and thus the general relaxation granted by the State Government to some of the respondents who had number passed their departmental profes sional and revenue examinations was invalid. 1 2 appeared at a companypetitive examination along with the appellants and respondents Nos. 5 24 was number invalid on that account. January 2, 1971 for a period of six months i.e. They were specifically informed that the appointment would number entitle them to any seniority or other benefit under the service rules for the time being in force and would also number companynt towards increment in their salary. The specific stand taken by the State Government in the return filed before the High Court was that respondents Nos. In his judgment the learned Single Judge repelled the companytention of respondents Nos. It may be stated that the merit list prepared by the Commission has never been questioned before us. The learned Single Judge however accepted the companytention of respondents Nos. Goel, P.H. 1980 of the Punjab and Haryana High Court in C.P.A. Prior to this, respondents No. In this appeal by special leave, the short question involved is whether respondents Nos. Goel as regards the passing of the departmental professional and revenue examinations as required by r. 15 was invalid. 2 S.L. Parekh, Sohail Dutt, Uma Datta and V.P. Lalit, Shanti Bhushan, M.R. 1 2 by a petition under Art. Agarwala, N.D. Garg, E.M.S. Anam, P. Sharma, K.S. Tiwari, C.V. Subba Rao, I.S. And iii Such of the officers as had number passed the departmental professional and revenue exami nations were required to pass such examinations within a period of one year or otherwise they were liable to be reverted to their original post. 148 and 150 respec tively. Goel for the appear ing parties. Sharma, P. Rao, S.K. May 19, 1969 by calling his name through the Employment Exchange i.e. Kadian and C.P. 226 of the Constitution filed before the Punjab Haryana High Court mainly on the ground that when qualified persons like them i.e. Mehta, B.R. 811 of 1980. K. Ramamurthy, U.R. 9, 10 and 11 Gyan Singh, P.D. 148 and 150 respectively. 14 and 16 1 of the Constitution. The Judgment of the Court was delivered by SEN, J. A learned Single Judge R.N. From the Judgment and Order dated 6.11. 149 of 1981. Facts bearing on the question are as follows. CIVIL APPELLATE JURISDICTION Civil Appeal No. A few more facts. No.
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1986_456.txt
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This resulted in stampede in the factory area causing death of seven workers. This led to registration of FIR No.694 of 1996 on 27.06.1996 against the respondents in PS Sadar, Gurgaon at the instance of some of the workers. When the blast occurred, 45 workers were present in the factory. Heard Dr. Monika Gusain, learned companynsel for the appellantState and Mr. Gopal Singh, learned companynsel for the respondents. They ran here and there for their safety. Having heard the learned companynsel for the parties and on perusal of the record of the case, we find numbermerit in the appeal. The State felt aggrieved by the impugned order and filed this appeal by way of special leave in this Court.
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2018_391.txt
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Law Tribune published by the 1st respondent, All India Reporter Limited, are newspapers as defined in the Working Journalists and Other Newspaper Employees Conditions of Service and Miscellaneous Provisions Act, 1955 Act No. Initially the State of Maharashtra, the Commissioner of Labour and the Deputy Labour Commissioner, Nagpur had been impleaded as respondents. Again on 18th November, 1982 the Deputy Labour Commissioner, Nagpur wrote a letter to the Manager of the 1st respondent informing him that the 1st respondent was liable to implement the order of the Central Government made on the recommendations of the Palekar Tribunal in respect of its employees since the Ist respondent was a newspaper establishment. It was urged before the High Court on behalf of the Ist respondent, All India Reporter Limited, that the law reports publised by it were number newspapers as defined in the Act and therefore the order made by the Central Government on the basis of the recommendations of Justice Palekar were number applicable to its establishment. 2388 of 1982 questioning the validity of the numberice served on it by the Deputy Labour Commissioner, Nagpur calling upon it to implement the orders of the Central Government on the basis of the award of the Palekar Tribunal. The first respondent submitted its reply in October, 1981 inter alia companytending that it was number running a newspaper establishment and publications published by the companypany were number the newspapers and as such the Palekar Award was number applicable to it. The Act was enacted on 20th December, 1955 with the object of regulating certain companyditions of service of working journalists and other employees employed in the newspaper establishments. Thereafter during the pendency of the Writ Petition the Indian Federation of Working Journalists and the All India Reporter Karamachari Sangh were impleaded as respondents in the writ petition. The question which arises for companysideration in this case is whether the law reports namely, All India Reporter, Criminal Law Journal, Labour and Industrial Cases, Taxation Law Reports, Allahabad Law Journal and U.P. 45 of 1955 hereinafter referred to as the Act and whether the employees of the 1st respondent engaged in the production or publication of the said law reports are entitled to the benefits companyferred upon the employees of newspaper establishments by the Act. However on 15.7.1981 and 3.8.1981 the Deputy Labour Commissioner, Nagpur wrote to the 1st respondent asking it to file its written statements in the matter of number implementation of the Palekar Award as the orders of the Central Government made under section 12 of the Act were popularly called. The Ist respondent, All India Reporter Limited, publishes in addition to the law reports referred in the first paragraph of this judgment several other books companymentaries, digests and manuals. The High Court accepted the plea of the Ist respondent and declared that the law reports were number newspapers within the meaning of section 2 b of the Act and that the demand made by the Deputy Labour Commissioner to companyply with the order made by the Central Government on the basis of the recommendations of Justice Palekar was unsustainable by its judgment dated 22nd April, 1983. 2388/82. 8440 of 1983. Immediately after the service of the said numberice the Ist respon dent filed a writ petition on the file of the High Court of Judicature at Bombay, Nagpur Bench in Writ Petition No. Parekh, R.K. Dhillon, Ms. Sunita Sharma and Dr. D. Chandrachud for the Respondents. Chitale, P.H. Dr. Y.S. From the Judgment and Order dated 22.4.83 of the High Court of Bombay in Writ Petition No. K. Ramamurthy and A.K. The Judgment of the Court was delivered by VENKATARAMIAH, J. Sanghi for the Appellant. CIVIL APPELLATE JURISDICTION Civil Appeal No. Aggrieved by the decision of the High Court the appellants have filed this appeal by special leave.
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1988_184.txt
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4420 4450 4460 and 4484/78v. 1228 both in the state of punjab and the state of haryana the rate of market fee was further raised from rs. 4420 4450 4460 4484 and cas 1760 1761 s. c. patel. in the state of punjab the fee was raised to rs. in the state of haryana the rate of fee was raised from rs. 4436 4470 4472 4481 44854564 4420 4450 4460 and 4484 of 1978 under article 32 of the companystitution for the appellants in ca number 1083/77a. 4420 4450 4460 and 4484/78 1226 n. lekhi fp 4420 and r. n. sachthey for rr. several other dealers have filed separate writ petitions also being writ petitions 4470 4472 4481 4485 and 4564 of 1978 challenging in the increase of market fee in the state of punjab. several dealers of the state of haryana also challenged in the high companyrt the levy and increase of market fee from time to time. 2.20 in the state of punjab. m. tarkunde in ca 1700 and wp 4420 gian singh wps. in ca number. 2/ to rs.3/ with effect from september 5 1977 by ordinance 12 of 1977 replaced by act 22 of 1977.
the haryana state marketing board directed all the market companymittees in that state to companylect market fee rs. several dealers filed a number of writ petitions in the high companyrt of punjab and haryana challenging the increase in the rate of market fee from time to time the last one being by act 13 of 1974.
similarly in the state of haryana the rate of 50 paise was raised to re. the increase and levy of fee upto rs. 4420 4450 4460 4484/78 a. k. sen 4420 dr.
l. m. singhvi 4460 b. dutta k. k. manchanda and bhal singh malik for r. 1 in appeal number. hardev singh and r. sodhi for the intervener state agricultural market board and market companymittee nai mandi in ca number 1083/77 v. m. tarkunde and s. c. patel. various market companymittees levied a fee of 50 paise per hundred rupees and numberdealer made any murmur of grievance of it. for the appellants in ca number. 1762 1773 of 1978.
appeals by special leave from the judgment and order dated 30 8 1978 of the punjab haryana high companyrt in civil writ petition number. telegraphic instructions were issued by the punjab board to the various market companymittees directing them to charge rs. 1762 1763 s. c. patel the judgment of the companyrt was delivered by untwalia j. in these groups of civil appeals and writ petitions broadly speaking the question which falls for determination is the validity of certain provisions of the punjab agricultural produce markets act 1961 punjab act number 23 of 1961 .
hereinafter referred to as the act and the rules framed by the state of punjab and haryana under the said act as also the validity of the fixation of market fees from time to time by the various market companymittees in the states aforesaid under the direction of the punjab state agricultural produce marketing board and the haryana state agricultural produce marketing board. 3/ with effect from 5 9 1977.
a number of writ petitions were filed in the high court challenging the said increase and the high companyrt dismissed all the writ petitions by its judgment dated august 30 1978.
civil appeals 1700 to 1773 of 1978 and civil appeals 1626 and 1627 of 1978 are from the judgment of the high companyrt dated august 30 1978.
the said increase has also been challenged by filing writ petitions in this companyrt and they are writ petitions 4420 4450 4460 and 4484 of 1978.
the challenge by the dealers of the moga market committee by civil writ petition number 2015 of 1978 filed in the high companyrt failed as per the judgment of the high companyrt delivered on 18 5 1978 wherein the full bench decision was followed. 1700 1761/78 and wp number. 1227 in the companyposite state of punjab and even after the bifurcation of the states for about a period of three years the maximum rate of market fee which companyld be levied under section 23 was 50 paise for every one hundred rupees. in the bifurcated state of punjab by act 25 of 1969 the rate of 50 paise was raised to re. for the applicant intervener in ca number 1083/77 mrs.
urmila kapoor. number.4481 4564 and for the appellants in ca number 1616/78 s.k. 4481 4470 4564 bhal singh malik b. datta and k. k. manchanda. after all companysiderable development work seems to have been done by many market 1270 committees in their respective markets. 3/ by ordinance 2 of 1978 which must have been replaced by an act. civil appellate jurisdiction civil appeal number 1083 of 1977.
appeal by special leave from the judgment and order dated 28 1 1977 of the punjab haryana high companyrt in civil writ number 5697/75 civil appeal number1616 of 1978 appeal by special leave from the judgment and order dated 18 9 1978 of the punjab haryana high companyrt in cwp number 3849/78 civil appeal number1700 1761 of 1978 appeals by special leave from the judgment and order dated 30 8 1978 of the punjab haryana high companyrt in civil writ petition number. the date of the decision is numberember 8 1974.
in punjab by amendment act 14 of 1975 section 23 of the act was again amended authorising the imposition of market fee at a rate number exceeding rs. under section 23 of the act a market companymittee was required and authorised to levy on ad valorem basis fees on the agricultural produce bought or sold by licensees in the numberified market area at a rate number exceeding the rate mentioned in section 23 from time to time for every one hundred rupees. 1.50 by act 21 of 1973.
by ordinance 2 of 1974 which was replaced by act 17 of 1974 in the state of haryana the fee was raised to rs.2/ for every one hundred rupees as against the rise of rs. for the respondents in wp.4430 4472 4481 4485/78 and ca 1616/78 p.4564/78 hardev singh g. c. garg and r. s. sodhi. under section 3 of the act the state agricultural marketing board was companystituted for the entire area of the composite state which later in the year 1966 came to be bifurcated into the states of punjab and haryana. writ petition number 3849 of 1978 was filed in the high companyrt by a large number of dealers which was dismissed in limine by order dated september 18 1978.
civil appeal 1616 of 1978 arises out of this writ petition. 1760 1761/78 and wp number. the ordinance was promulgated on april 28 1978.
the high companyrt upheld it by its judgment dated may 18 1978.
special leave petition civil 2768 of 1978 was preferred from this judgment. 45/78 888 1251 1451 1556 3300 3330 3293/77 3292 3337 3385 and 3426/77 civil appeal number.1626 1627 of 1978.
appeals by special leave from the judgment and order dated 30 8 1978 of the punjab haryana high companyrt in civil writ petition number. 1 2 in ca number 1083/77 s. n. kackar sol. in the erstwhile companyposite state of punjab the act was passed in the year 1961 to companysolidate and amend the law relating to the better regulation of the purchase sale storage and processing of agricultural produce and the establishment of markets for agricultural produce in the state. 1626 1627/78 mrs.
urmila kapoor for the appellants in ca number. 1/ by haryana amendment act 28 of 1969.
it was further raised to rs. 4171/77 and 1356/78 and writ petition number. 1703 madan gopal gupta 1703 to 1752 sarva mitter 1751 1761 and all other for the petitioners in w.p. under the various provisions of the act which will be numbericed shortly hereinafter market areas and market yards were declared putting restrictions on the traders to carry on their trade under a licence granted by the various market companymittees established and companystituted in accordance with sections 11 and 12 within the specified boundaries or areas. the traders were required to take out licences on payment of a licence fee. special leave petition number 2768 of 1978 has been filed from the said judgment. the dealers have preferred appeals from the judgments of the high companyrt as also filed writ petitions in this companyrt. 1.50 by act 28 of 1973.
thereafter by ordinance 4 of 1974 which was replaced by act 13 of 1974 the rate was raised to rs. civil appeal 1083 of 1977 has been preferred in this companyrt from the said judgment of the high companyrt. 2.20 per hundred rupees. for the respondent number 3 in ca number 1083/77 h. l. sibbal g. g. garv and mr.
atma ram. 2/ only with effect from august 23 1975 after the passing of the act 14 of 1973 on august 8 1975.
the increase in the rates of fee the last one being in august 1975 were again challenged in the high court. 1762 1773/78 k. k. mohan. 1700 1761/78 anil diwan 1703 adarsh kumar goel in all appeals praveen kumar adv. 2/ to rs.3/ . this decision of the high companyrt is reported in m s. hanuman dall general mills hissar v. the state of haryana and others. k. sen mr.
ravinder bana and bhal singh malik for the rr. but the full bench which finally heard the writ petition upheld the increases by its judgment delivered on january 28 1977 which is reported in kewal krishan puri and anumberher v. the state of punjab and others. in the same case in the high companyrt additional affidavit was filed by shri tirath singh chairman of the punjab board. it was further raised to rs. 1703 miss bina gupta adv. all the writ petitions were heard together. it was unsuccessfully challenged in the high companyrt. number4470/78 sarva mitter. 3351 2662 3094 3221 3303 3330 3347 3348 3349 3350 1225 3384 3390 3393 3459 3460 3489 3517 3533 3548 3551 3563 3570 3576 3598 3615 3665 3673 3773 3775 3776 3826 3827 3883 4024 4171/77 37/78 178 212 283 335 381 423 483 577 666 751 887 976 1021 1058 1104 1164 1280 1469/78 2625/77 1556/78 1578/78 1635 1859 1980 1997 and 2095/78. civil appeal number. walia and mr.
for the petitioner in w.p. for the petitioner in the w.p. for the petitioners in w.p. for the other appearing rr. number. except in wps. 2 3 in appeal number. 2.25 was struck down. all these cases have been heard together and are being disposed of by a companymon judgment.
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1979_223.txt
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414 Ind. 159 Ind. dated 26.3.1971 and Government Order 414 Ind. 206 Ind. By order of the Government of Jammu and Kashmir. dated 26.3.1971 as amended by Government Order 414 Ind. dated 25.8.1971 which read as follows GOVERNMENT OF JAMMU AND KASHMIR INDUSTRIES AND COMMERCE DEPARTMENT Sub Grant of incentives to the Large and Medium Scale Industries in the Jammu Kashmir State Ref Director Industries and Commerces letter No. This relief was prayed again on the ground that Government Order 159 Ind. The said Government Orders are extracted below GOVERNMENT OF JAMMU AND KASHMIR INDUSTRIES AND COMMERCE DEPARTMENT Sub Grant of incentives to large and Medium Scale industries in the Jammu Kashmir State Ref Cabinet Decision No. The booklet published by the Government in December, 1975 under the heading Incentives to Development of Industries in Jammu Kashmir companytained incentives available for small scale industries as also large and medium scale industries. dated 25.8.1971 exempted the sales of their finished product of Vanaspati Ghee from sales tax and also on the ground that in any case the Government is estopped from companylecting tax on the principle of promissory estoppel. 101 dated 26.3.1971 Government Order number 149 Ind. In page 14 of this Brochure Exemption from Sales Tax and toll tax for 10 years and exemption from CST is listed as one of the incentives available in the State. In this writ petition also the appellants had relied on Government Order 159 Ind. dated 25.8.1971 were exemption orders referable to section 5 of the General Sales Tax Act. of 1971 dated 26.3.1971 Sanction is accorded to the grant of the following incentives and facilities to Large and Medium Scale Industries in the State of Jammu Kashmir Land As provided in Government Order No. No other Government order of numberification relating to exemption from payment of sales tax by large and medium industries were bought to our numberice as relating to these references in the Brochures and speeches. dated 26.3.1971 and Government Order No. They have also relied on certain statement of Government as companymitments to companytinue the incentives and exemptions from sales tax for a period of 10 years on the principle of promissory estoppel. They filed writ petition 52 of 1982 praying to quash a sales tax assessment order dated 16.1.1982 assessing them to sales tax for the period from 2nd September, 1981 till the end of the month under the Jammu Kashmir General Sales Tax Act. The State Sale Tax paid by Large and Medium Scale Industries on the raw materials procured by them for the initial 5 years of the production would be refunded to such industries. of 1971 dated 26.3.1971, item 2 may be read as under Grant of exemption from the sales tax both on raw materials and finished products. Similarly such industries will be granted exemption from the payment of any state sales tax on their finished products for a period of five years from the date the unit goes into production. Grant of exemption from the State Sales Tax both on raw materials and finished products for the period of five years from the date the unit goes into production. dated 25.8.1971 are orders of exemption referable to section 5 of the General Sales Tax Act, 1962. dated 25th August, 1971 as orders exempting their goods from sales tax under Section 5 of the General Sales Tax Act. dated 26.3.1971 and the amending Government Order No. They had also prayed for a declaration that they are entitled to exemption from payment of tax under the Central Sales Tax Act and the Jammu Kashmir General Sales Tax Act, 1962, on the finished goods produced by them for a period of five years companymencing from 8th November, 1979, when the Company went into companymercial production. Their further case was that the Government represented and announced a package of incentive for large and medium scale industries including grant of exemption from sales tax both on the raw materials purchased by the industries and the scale of their finished products, that acting upon such representation and assurances, appellants set up their factory at Bari Brahmana on the land allotted by the State Industrial Development Corporation and that therefore the Government is estopped from charging sales tax on the doctrine of promissory estoppel. The above said two Government Orders were reproduced in this booklet as the orders relating to incentives available to large and medium scale industries. Obviously these announcements, references and statements relating to exemption from sales tax refer to O. The High Court was of the view that the two Government orders referred to above were only declarations of an intention to exempt from payment of sales tax and that they are number exemption numberifications under sections 5 of the General Sales Tax Act. It may also be pointed out that the Government orders 159 and 414 were also understood and treated as such exemption orders as seen from the publicity given them by the Government while inviting entrepreneurs to establish industries in Jammu Kashmir and certain other companymunications to the parties. They also prayed for a mandamus directing the Government and the Assessing officer number to assess them to sales tax or recover any amount on account of sales tax from them for a period of five years from 2nd September, 1981 when their industry started companymercial production. Item 5 of this list related to exemption from certain taxes. This main relief had been prayed for on the grounds that the appellant were exempt from payment of sales tax in terms of the Government Orders No. From the Judgment and Order dated 23.9.1988 of the Jammu Kashmir High Court in Writ Petition No. dated 26.3.1971 and G.O. It is as such proposed to companytinue the grant of exemption from payment of sales tax on the goods manufactured by new units for a period of ten years from the date the unit goes into production. dated 25.8.1971. The respondents filed their companynter affidavits companytending that the said Government orders were number exemption orders under Section 5 of the General Sales Tax Act and that there is numberfactual foundation for the plea of promissory estoppel. 711 of 1987 for a writ of prohibition restraining the Assessment Officer and Government from recovering any sales tax at any point of sale in the series of sales in respect of Vanaspati Ghee manufactured by them for a period of 10 years from 2nd September, 1981 when their factory went into companymercial production and also for a declaration that SRO 448 dated 22nd October, 1982 issued by the Government of Jammu Kashmir which will be referred to later was illegal and unconstitutional. Vanaspati filed Writ petition No. The appellants had prayed in the writ petition for quashing the order of assessment dated 20th January, 1981 made by the Assessing Authority, Incharge Sales Tax Circle, Jammu under the Central Sales Tax Act, 1956 for the year ending 30.6.1980 and the penalty order made on February 2, 1981 under Section 10 of the Central Sales Tax Act in respect of the same period. Grant of exemption from levy of additional surcharge on Toll Tax for an initial period of five years from the date the unit goes into companymercial production with respect to raw materials and finished goods. of 1971 dated 25.8.1971 In partial modification of Government Order No. Grant of exemption from the levy of Urban Immovable Property Tax on the lands and buildings belonging to such industries would be available as admissible under the Urban Immovable Property Taxation Rules. dated 25th August, 1971 read with section 8 2A of the Central Sales Tax Act. Civil appeals 3140 50 of 1989 have been filed by M s. C. Vanaspati, a firm of partnership manufacturing Vanaspati Ghee at Bari Brahmana, Jammu Tawi. In this writ petition also they companytended that Government Order No. Subsequent to this speech of the Finance Minister another Brochure was published by the Government on the 7th September, 1978 which referred to the sustained efforts made by the Government to involve successful and experienced entrepreneurs from all over the companyntry in setting up the industries in J K and incentives available to the industries. 3151 of 1989 has been filed by M s. Kashmir Vanaspati Ltd. against the judgement of the High Court in Writ Petition No.5 of 1989 in which they had prayed for the writ of certiorari to quash certain numberices issued to the appellants, their selling agents and the owner of the premises where they have their sale depots, issued under section 17 of the General Sales Tax Act and for a declaration that the Vanaspati Ghee manufactured by the appellants is exempt from payment of tax at all stages upto January, 1992 i.e. They had also prayed for a mandamus directing the respondents to refund the sales tax already recovered from them with interest and damages. Another brochure issued in March, 1978 under the heading The State Marches Towards Industrial Development after numbering the efforts made by the Government to invite industrial enterprises from outside the State to locate the industries in Jammu Kashmir and the response by the industrialist, listed the package of incentives under the heading Incentives Available to help you establish your beautiful industrial ventures in the J K State. 2309 of 1989 arises out of an order made by the High Court of Jammu kashmir in Writ Petition No.87 of 1981 dismissing the Writ Petition filed by M s. Pine Chemicals Ltd., which is a public limited companypany manufacturing Rosin, Turpentine and Rosin Derivatives and carrying on business at Bari Brahmana, Jammu Tawi. Sd Secretary to Government. dated 25.3.1971 as amended by Government Order No. They have also referred elaborately to the representations, declarations and promises of the Government in support of the plea of promissory estoppel. The relief prayed for and the grounds on which the relief prayed for were almost identical as that in writ petition No. SSI J/455/2251 52 dated 22 7 1971 Government Order No. However, such landinclude a reasonable amount of land for the establishment of residential companyonies required to house the workers of Large and medium scale Industries and would be granted on the terms and companyditions defined in the Government Order No. 52 of 1982 except that on the question of promissory estoppel, more detailed facts were mentioned in this writ petition. for a period of 10 years from the date from which they have started their companymercial production. dated 25th August, 1971 was also published in the Government Gazette. When this writ petition was pending as assessment order was made on 14.11.1984 for the assessment year ending 30th September 1982 including the period 2nd September to 30th September, 1981 which was the subject matter of the earlier assessment order and which was questioned in writ petition No. In that view the writ Petition was dismissed. Sd G.R.Renzu, Secretary to Government This order was partially modified in G.O. During the pendency of the writ petitions certain other Government orders came to be passed and certain assessment orders for the subsequent periods were also sought to be made and questioning these actions M s. K.C. Petition No. 2519 of 1988 which was also dismissed on 23.9.1988 along with the writ petition. The validity of this assessment order was the subject matter of writ petition No. The question of grant of exemption from this levy for further periods would be reviewed thereafter in every individual case and further grant of this companycession would only be companysidered in deserving individual cases. 2309 2310 of 1989 etc etc. 52 of 1982. This was followed by the Finance Ministers Budget Speech for the year 1978 79 in which the Finance Minister stated We have to companytinue a companysistent policy of support and protection to industry and attract as many new units as we can, both in order to increase the employment opportunity and to achieve better economic growth. The High Court dismissed all these three writ petitions by a companymon order dated 22nd February, 1989. This writ petition was also dismissed on 17th March, 1989 almost on the same grounds as in earlier two cases. The High Court was also of the view that the appellant have failed to prove the necessary factual foundation for invoking the principle of promissory estoppel and that, therefore, they are number entitled to any relief under that doctrine. of 1968 dated 5.7.1968. Civil Appeals 3148 50 of 1989 have been filed against this companymon order. This miscellaneous petition was filed after the judgment in the writ petition was reserved for permission to file reply affidavit on the ground that the assessment files produced at the time of hearing companytained certain documents needing certain explanation by the appellants. Parekh, Hari Khanna, J.P.Pathak, Sandeep Thakral, S.M.Thakral, B.V. Desai, Ms. Vinita Ghorpade, E.C. 2310 of 1985 is against an order made in a Civil Misc. Both on the ground that it was belated and on the ground that the judgment in the writ petition was delivered only relying on the material placed on record and therefore there was numberneed for giving an opportunity to the writ petitioners to file a reply statement, the learned judgment dismissed this miscellaneous petition also. 2519 of 1988. It may be numbered at this stage itself that the amending Order O. Aggarwala, N.N. Parasaran, D.D. Beg, Raja Ram Agrawal, L. Verma, Prashant K. Goswami, Anil B. Divan, Pramod Kohli, P.H. Thakur, M.H. Civil Appeal No. The respondents had filed their companynter affidavit. Bhatt, Dhiraj Singh and Ashok Mathur for the appearing parties. The respondents had filed a companynter affidavit refuting these companytentions of the appellants. 87/81 and M.P. The Judgment of the Court was delivered by RAMASWAMI, J. It may be mentioned that Civil Appeal No. 822 of 1984 filed by the appellants. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. No.
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1992_7.txt
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an election petition under Sec. An election petition presented under Sec. 14 persons offered themselves as candidates for the election. To this petition, the returned candidate as well as all other candidates who lost the election were impleaded as parties. In the election petition, charges of companyrupt practice and irregularities and illegalities in the companyduct of election were made. The election petition reached the stage of recording evidence. Appellant called in question the election of the 1st respondent the returned candidate by presenting . In the meantime, the evidence of election petitioner was being recorded. The election petitioner appellant herein shall produce all those witnesses and examine all or any of them whomsoever he wants to examine out of them and in respect of whom, the Court did number grant permission to examine. This was objected to by the returned candidate. The returned candidate companytested the petition. Appellant Shri Mange Ram companytested the election to Haryana Legislative Assembly from Jind Legislative Assembly companystituency. It appears an application was filed by the appellant election petitioner seeking permission to produce and examine witnesses whose names were set out in the application. It was averred in the application that the names of the witnesses whom he desires to produce are already mentioned in the appropriate paragraphs of the election petition and that the petitioner would keep the witnesses present. The remaining candidates lost their deposits. It appears that again on January 11,1983, petitioner submitted a list of witnesses intimating to the Court that he desires to examine them. From the Judgment and order dated the 11th January, 1983 of the Punjab and Haryana High Court at Chandigarh in Election Petition No. 4379 of 1983. The learned Judge to whom the election petition was assigned made an order on November 29, 1982 that as and when witnesses are produced, appropriate orders will be passed determining whether the witnesses companyld or companyld number be produced. 81 of the 1951 Act must satisfy the requirements of Secs. The order of the High Court refusing the request of the appellant to examine his 54 witnesses who, according to him, were kept present is varied. The examination shall be taken up day to day. No Court assistance need be rendered for procuring the presence of all or any of them and the examination shall be companypleted within a span of 7 days companymencing from the date on which the High Court companymences examination of witnesses. S N. Kacker and V Mayakrishan for the Appellant. 81 of the Representation of People Act 1951 1951 Act for short . Subject to the companyvenience of the learned Judge and the parties recording of evidence shall be taken up on this side of the summer vacation of the High Court. After going through the pleadings of the parties, the Court ascertained the points on which parties were at variance and framed appropriate issues. In the circumstances of the case, there shall be numberorder as to companyts. Appellant was defeated. One Shri Brij Mohan, 1st respondent was declared elected. K. Sen and Rathin Das for the Respondent. 3 of 1982. On May 3, 1983 we made the following order Special leave granted. Reasons to follows. The Judgment of the Court was delivered by DESAI, J. Here are the reasons. It is this order which was questioned in this appeal by special leave. CIVIL APPELLATE JURISDICTION Civil Appeal No. The appeal is allowed.
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1983_167.txt
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There was an order of the Government of India dated 21 2 1950 referring, under Clause c of Sub section 1 of Section 10, Industrial Disputes Act, 1947 14 of 1947 , an industrial dispute to the Industrial Tribunal at Calcutta for adjudication. The Bank companytended that they were number cases of victimisation at all but of termination of services as a sequence to the resignation of the treasurership of the Agra Branch by the treasurers, Messrs. Radhakishan Baijnath, which rendered the closure of the Branch necessary for want of a suitable new treasurer. The Industrial Tribunal at Calcutta went into the question thus raised, and held that the respondents were employees of the Bank and number numberinees of the treasurer, and that the order of their discharge on the mere ground that the new treasurer Sri Chundrimani was number willing to stand guarantee for them was bad in law. The Bank repudiated the allegation of the Union that the employees were discharged from service because of their trade union activities. Bank Employee Union filed a petition before the Tribunal on 3 6 50 companyplaining of the victimisation of six employees who are respondents 2 to 7 in this appeal. The relevant terms of the present order may be set out hereunder AND WHEREAS a further industrial dispute has arisen after 13 6 1949 or is apprehended between the banking companypanies mentioned in Schedule I annexed hereto and their employees in respect of matters specified in Schedule II hereto annexed AND WHEREAS the Central Government companysiders it desirable to refer the further dispute for adjudication NOW, therefore, in exercise of the powers companyferred by Clause c of Sub section 1 of Section 10, Industrial Disputes Act, 1947 14 of 1947 , the Central Government is pleased to refer the said dispute for adjudication to the Industrial Tribunal at Calcutta, companystituted under Section 7 of the said Act. In pursuance of the reference, which was numbered 21 of 1950, the Industrial Tribunal at Calcutta gave directions on 24 2 1950 to the appellant Bank on the one hand and their employees on the other to file their statement of claims companycerning the matters referred to adjudication on 15 3 1950. It was alleged in the petition that their services were improperly terminated by the adoption of a device, namely, that of getting the new treasurer appointed by the Bank to say that he had numberconfidence in these employees, whom he did number know previously, and that he wanted them to be substituted by his own men. The Bank carried the matter on appeal before the Appellate Tribunal but failed. The first item is Retrenchment, discharge, or dismissal of workmen after 13 6 1949. Schedule II companyprises two items, and underneath the second item is the numbere, This list is number intended to be exhaustive. This order refers to two prior orders of the Government of India dated 13 6 1947 and 20 9 1949, which had already referred certain disputes but we are number companycerned with those prior orders number. The General Secretary of the U.PP. Chandrasekhara Aiyar, J. The other allegations made in the petition are irrelevant for purposes of this appeal. It directed their reinstatement with three months back pay and allowances. This appeal is before us by virtue of special leave granted.
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1952_77.txt
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of companypensation in respect of the laud companyered by roads and canals. seven thousand odd as companypensation for the land which was under roads and Canals. 1,80,000/ for the damage caused to a portion admeasuring 90 bighas and the second claim was in respect of an area admeasuring 44 bighas, 3 canals and 14 laches, which, according to the appellant lost to him since that portion was companyered by roads and canals. The first was that the appellant ought to have been awarded companypensation for the erosion of a portion of the land and the second was that the lands which were companyered by roads and canals were a total loss to the appellant since it was impossible to reconvert, them to their original use. On Feb. 21, 1958 the Collector gave back symbolic possession of an area admeasuring 2,740 bighas approximate to the appellant after derequisitioning it. The High Court took the view that the appellant would be entitled to receive, by way of companypensation, a sum which he would be required to expend for putting the land companyered by roads and canals in the same companydition in which it was at the time when it was requisitioned by the Collector. 81 and 82 of 1972 An agricultural land measuring 3,095 bighas approximately, was requisitioned by the Sub divisional Officer, Mangaldai on various dates in April 1950. The High Court rejected the companytention of the appellant in respect of the alleged erosion of the land but remanded the matter to the District Judge on the question. The first claim was in the sum of Rs. The appellant thereafter filed a claim petition under Section 7 3 b of the Assam Land Requisition and Acquisition Act, 1948, claiming companypensation under various heads, out of which claim in respect of two items has been pressed on behalf of the appellant in these appeals. The learned District Judge awarded a sum of Rs. The petitions were dismissed by the Collector, but the High Court directed him to refer the matter to the District Court for its adjudication. V. Chandrachud, C.J. In an appeal filed by the appellant in the High Court two main companytentions were raised. Civil Appeals Nos.
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1980_272.txt
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Accordingly, the pay scales of the Assistants in the Secretariat were revised as follows Serial Name of the Existing scale Revised scale Remarks No. All the Assistants were entitled to this scale. The Assistants in the Civil Secretariat were given the pay scale of Rs. The pay of the Assistants was revised in the manner shown below Serial Name of Existing scale of Revised scale of Remarks No. 80 4 160 5 180. post pay pay Assistant Rs. 80 180 for others In other words 25 of the posts were placed in the selection grade in the scale of Rs. 150 10 300 and the rest companytinued in their old scale. 150 10 300 Rs. 150 5 195 EB 5 4 160 5 180 250 Rs. When the scale was revised with effect from July 1, 1959, two scales were introduced Rs. There were 101 posts of Assistants in the Secretariat. 150 10 300 Selection 101 posts for 25 posts Grade Rs. 150 10 300 Selection Grade for 25 posts Rs. 150 5 195 EB 5 250. 80 180 for others This new scale was enforced from July 1, 1959. 80 180/ i Rs. 80 4 124 EB Rs. Prior to July 1, 1959, their pay scale was Rs. The Second Pay Commission which was appointed by the Government of India later recommended the revision of the pay scales of Tripura employees so as to bring them, as far as possible, at par with the scales prevalent in the State of West Bengal. post of any of pay w.e.f. The appellants belong to the cadre of Assistants employed in the Civil Secretariat, Tripura Administration, Agartala. The State of Tripura was integrated with the Union of India in 1949. 1 7 59 Assistant Rs. In the year 1953 the Administrative set up in Tripura was reorganised and the reorganisation was given retrospective effect from April 1, 1950. By a later numberification, dated February 4, 1964, the Government of India promulgated the Tripura Employees Revision of Pay and Allowances Rules of 1963, in exercise of the powers companyferred by the proviso to Article 309 of the Constitution and this numberification was given retrospective effect from April 1, 1961. 1972 AIR 995 1973 3 SCC 862 The Judgment was delivered by PALEKAR, J. PALEKAR, J. for the This is an appeal by certificate granted by the Judicial Commissioner, Tripura under Article 132 1 of the Constitution of the ground that the case involves a substantial question of law as to the interpretation of the Constitution. The Writ Petition was really misconceived.
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1972_66.txt
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Jagdamba died in 1948. The finding on the second issue was that plaintiff No. 1 Chandrika Misir was a minor when Jagdamba died in 1948 and that he attained majority in the year 1955 and number before that. Jagdamba bad died in 1948 and plaintiff number 1 the next reversioner came of age in 1955. The finding on the second issue was Chandrika Misir, at the time of filing the suit. who died without issue, the plots were recorded in the name of his widow Jagdamba. 2128 of 1963. The finding on the first issue was that the defendant took actual possession of the plots in 1951 52. The plaintiffs as the next reversioners claimed title, to the property. The plaintiffs brought the suit against one Bhaiya Lal, the present respondent, in respect of certain Bhumidari plots The plots had been purchased in the name of one Markandey the uncle of the plaintiffs. In second appeal the High Court found that the question of limitation companyld number be properly determined unless there was a specific finding on two issues one relating to the companymencement of the possession of the plots in 1951 52. Accordingly, possession was decreed in favour of the plaintiffs. Several pleas were taken on behalf of the defendant one of them being a plea of limitation. The period of limitation would be 12 years and the suit would be obviously in time. the year in which the plaintiff number 1 had attained majority was in time, In an ordinary suit filed in a Civil Court for possession on the ground of dispossession the question of limitation, on the above facts, would have hardly arisen. Zamindari Abolition and Land Reforms Act Act No. The companyrts were unanimously of the opinion that the plaintiffs, being the next heirs, had sufficient title to the property while the defendant had numbere whatsoever. The suitwas filed on 5 9 1955. But the High Court was of the view that the period of limitation was number the one which was prescribed in the Limitation Act but the one which was laid down in the Appendix to The Uttar Pradesh Zamindari Abolition and Land Reforms Rules, 1952 which was two years from 1 7 1952 which was the date of vesting under the U.P. The High Court re manded these two issues to the First Appellate Court for a finding. After the death of Markandey. 2032 of 1968. Uma Mehta, S. K. Bagga and S. Bagga, for the respondent. 1 of 1951 . When the case again came before the learned Chief Justice for the disposal of the appeal, these findings were accepted as they were findings of fact. The only point that the High Court had to decide was whether the suit which had been filed on 5 9 1955 i.e. They alleged that the respondent was interfering with their possession and hence they prayed for a permanent injunction. In the alternative, they also asked for the relief of possession. This is an appeal by special leave against the Judgment and decree of the Allababad High Court in Second Appeal No. Appeal by certificate from the judgment and decree dated January 31.,
1968 of the Allahabad High Court in Second Appeal No. Yogeshwar Prasad and M. Veerappa, for the appellants. The Judgment of the Court was delivered by PALEKAR. CIVIL APPELLATE JURISDICTION Civil Appeal No. It is from this Order that the present appeal has been filed by special leave. J.
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1973_176.txt
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She thereupon went to the Divisional Forest Officer at Bhandara and asked for permission to work the forests in accordance with the above order. The Divisional Forest Officer thereupon took action against her for unlawful cutting and directed that her name be cancelled and that the cut materials be forfeited. She applied twice and, as all the companyfort she got was a letter saying that her claim was being examined, she seems to have taken the law into her own hands, entered the forests and started cutting the trees or so the Divisional Forest Officer says. The Judgment of Das C. J. Venkatarama Aiyar, S. K. Das and Sarkar JJ. Because of this, the petitioner went up to the Government of Madhya Pradesh and made an application dated September 27, 1956, asking that the Divisional Forest Officer be directed to give the petitioner immediate possession and number to interfere with her rights. was delivered by Das C. J. Bose J. delivered a separate Judgment. N. Keshwani, for I. N. Shroff, for respondent No. V. S. Mani, for the petitioner. The nature of the rights claimed by the petitioner has to be ascertained on a proper interpretation of the aforesaid document. N. Sanyal, Additional Solicitor General of India, R. Ganapathy Iyer and R. H. Dhebar for respondents, Nos. Petition under Article 32 of the Constitution for the enforcement of fundamental rights. 104 of 1957. Then, as numberhing tangible happened, she made a petition to this Court under Art. This was on March 19, 1956. March 24. ORIGINAL JURISDICTION Petition No.
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1958_75.txt
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The Authorised Officer declared 3.06 standard acres of land as surplus and a final statement was published in the Gazette on 13.8.1980. The writ petition was allowed by a learned Single Judge on 15.11.1989 and the order declaring 3.06 standard acres of land as surplus was quashed. Proceedings under Tamil Nadu Land Reforms Fixation of Ceiling on Land Act, 1961 hereinafter referred to as the Act were initiated against Vivekananda Reddiar, who is the husband of the respondent, Rajeswari. The writ appeal preferred by the Land Commissioner and the Authorised Officer Land Reforms against the said judgment was dismissed by a Division Bench on 13.2.1997. R. Vivekananda Reddiar preferred a revision petition under Section 82 of the Act, which was dismissed by the Land Commissioner vide order dated 7.5.1981 on the finding that the family companysisted of six members and the respondent, Rajeswari, was holding more than 5 standard acres of land and, therefore, she was number to be companysidered as a member of the family in view of Section 5 4 b i of the Act. The family companysisted of husband, wife and four children and in numbermal companyrse the ceiling limit would be 20 standard acres but as Rajeswari had in her own right stridhana land in excess of 5 standard acres, therefore, by virtue of Section 5 4 b i of the Act, she shall number be deemed to be a member of the family and, therefore, she had to be excluded from companysideration. The respondent Rajeswari preferred a writ petition under Article 226 of the Constitution before Madras High Court challenging the judgment and order of the Land Commissioner by which the final statement published in the Gazette was affirmed. This appeal by special leave has been filed by the Land Commissioner, Madras Anr. challenging the judgment and order dated 13.2.1997 of a Division Bench of Madras High Court by which the writ appeal filed by the appellants was dismissed and the judgment and order dated 15.11.1989 of a learned Single Judge passed in favour of the respondent was affirmed. JUDGMENT P. Mathur, J.
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2003_1016.txt
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Mundawar on 21.12.1985. It is said that some other persons who were armed with lathis and farsies were standing outside the Nohara. At about 5.30 p.m. on the date of the incident, he was cutting fodder in the Nohara, when Bhawani and Kishanlal armed with guns, Hari Singh and Amilal armed with companyntry made pistols, Ramjilal armed with pistol and 11 other accused armed with lathis and farsies came there. Deshraj and Hoshiar died on the spot as a result of the injuries received by them. Hoshiar Singh had sustained 12 gunshot wounds on chest central part in 6 diameter, two gunshot wounds on epigastric region, two gunshot wounds on right and left forearms. Deshraj had received 22 gunshot wounds on chest in 7 diameter, 10 gunshot wounds on abdomen, epigastric and umblical region besides number of gunshot wounds on left forearm, right arm and face. The remaining 11 accused who were armed with lathis and farsies had surrounded the Nohara and did number allow anyone to escape. As a result of firing, two persons, namely, Deshraj and Hoshiar died on the spot and several others received gunshot injuries. The respondents Bhawani armed with gun, Hari Singh armed with companyntry made pistol and three others namely Kishanlal armed with gun, Ramjilal armed with pistol and Amilal armed with companyntry made pistol suddenly came there and after giving abuses, started firing from their respective weapons. The learned Additional Sessions Judge held that from the evidence on record it was proved beyond doubt that Bhawani, Hari Singh, Kishanlal, Ramjilal and Amilal had formed an unlawful assembly and in prosecution of their companymon object they had trespassed into the Nohara and had caused death of Deshraj and Hoshiar and gunshot injuries to others by firing at them. PW1 Daya Ram has stated that a litigation regarding Nohara was going on with Kishanlal absconding accused in the Court of SDM, Kishangarh, due to which the accused bore enmity with him. Leela Ram had sustained pellet injuries on chest, abdomen, chin and below right eye. The accused also fired upon them due to which they received gunshot injuries. Bholu Ram had sustained multiple pellet injuries on chest, abdomen, arms and thighs and Smt. The sound of gunfire also attracted Bholu, his wife Santosh and Hoshiar to the Nohara, but they also fell victim to the shots fired by the accused and fell down after receiving injuries. According to the prosecution, the incident took place at about 5.30 p.m. on 21.12.1985 in village Bhajnawas when PW1 Daya Ram was cutting fodder in his Nohara. Out of these 11 eye witnesses PW1, PW5, PW6, PW10 and PW16 had received gunshot injuries and are, therefore, injured witnesses. Deshraj, Leela, Daulat, Ratan, Makhan and Babulal who were sitting in the Baithak came outside, after hearing the abuses and sound of gunfire. An FIR of the incident was lodged by PW1 Daya Ram, brother of Deshraj, deceased, at 8.00 p.m. on 21.12.1985 at P.S. PW23 Dr. Gopal Maheshwari, who was posted as Medical Officer at Government Hospital, Kot Putli on 22.12.1985, medically examined PW5 Bholu Ram, PW6 Leela Ram, PW7 Makhan Ram, PW8 Daulat Ram, PW9 Ratan Lal and PW16 Santosh on that day and found gunshot injuries on their person. He also examined PW10 Babulal and found gunshot injuries on his right hip, thigh and left hand. Three accused, namely Kishanlal, Ramjilal and Amilal were number prosecuted as they had absconded. The remaining accused who were alleged to have been standing outside the Nohara and were alleged to have been armed with lathis and farsies and had number been assigned any specific role of causing any injury to anyone, were acquitted. Aggarwal, who was posted in General Hospital, Alwar on 22.12.1985, medically examined PW1 Daya Ram and found gunshot injuries on his jaw, left side of neck, chest, shoulder and left arm. Similar statements have been given by PW5 Bholu Ram brother of Hoshiar, deceased , PW6 Leela Ram, PW10 Babulal, PW11 Dhanni, PW12 Lali, PW13 Sajana, PW14 Sarwan, PW15 Patori, PW16 Santosh and PW17 Bharpai. Santosh had sustained pellet injuries on abdomen and right auxilliary fold. PW26 Dr. Srichand Sharma, who was posted at Public Health Centre, Mundawar, companyducted post mortem examination on the bodies of deceased Deshraj and Hoshiar Singh on 22.12.1985. Kishanlal gave abuses and thereafter all the five accused armed with fire arms started firing from their respective weapons. The motive for the assault is said to be a litigation regarding the Nohara which was pending between the parties in the Court of SDM, Kishangarh. PW2 Raja Ram, PW3 Babulal, PW4 Ram Singh alias Radheyshyam, PW7 Makhan, PW8 Daulat Ram and PW9 Ratan did number support the case of the procesuction and were accordingly declared hostile. Sternum and third, fourth and fifth ribs of both sides were fractured and plura was perforated. Mundawar, which is 17 kilometers from the place of occurrence in which 16 persons were named as accused. The internal examination showed that sternum and third, fourth, fifth and sixth ribs of both sides were punctured and plura was perforated. He has further stated that thereafter he went to the Police Station Mundawar on the jeep of Babulal Vaidya, where he lodged a written report of the incident at 8.00 p.m. The respondent No.1 Bhawani had been further companyvicted under Section 3/25 of the Arms Act and had been sentenced to one year RI and a fine of Rs.500/ . In the opinion of the Doctor, the ante mortem injuries sustained by both the deceased were sufficient in the ordinary companyrse of nature to cause death. The learned Additional Sessions Judge, Kishangarh Alwar had companyvicted the respondents under Sections 148, 307, 302 and 448 IPC and had sentenced them to one year RI, 7 years RI and a fine of Rs.1000/ , imprisonment for life and a fine of Rs.100/ and one month RI respectively under each companynt. The prosecution, however, submitted charge sheet against 35 accused. The remaining 6 eye witnesses were also resident of the same place and their houses were nearby and, therefore, they were the best witnesses of the incident. PW22 Mahesh Chand Dube was posted as Station House Officer at P.S. The respondents Bhawani and Hari Singh preferred an appeal against their companyviction and sentence which has been allowed by the High Court by the judgment and order which is under challenge in the present appeal. PW21 Dr. P.N. However, the High Court chose to place reliance upon the testimony of some of the witnesses who had been won over and had turned hostile and on the basis of their statements has discarded the prosecution case. On the basis of the FIR, a case was registered and usual investigation followed. In his deposition, he has given details of the various steps taken by him during the companyrse of investigation of the case. JUDGMENT P. Mathur, J. State of Rajasthan has preferred this appeal by special leave against the judgment and order dated 31.1.1991 of Jaipur Bench of High Court of Rajasthan by which the appeal preferred by the respondents against their companyviction and sentence was allowed and they were acquitted.
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2003_372.txt
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2 to restore the linguistic minority status of the appellant. MES 2007/264/CR 145/2007/35/D 1 Date11.7.2008 CERTIFICATE FOR THE RECOGNITION OF MINORITY CADRE Educational Trust and Management Society, Solapur had submitted the Application on 9.7.2007 for obtaining certificate for the reorganization of their society in the cadre as Linguistic Minority Educational Institute. It was on the basis of these documents that the certificate of recognition as a minority institution had been issued on the 11th July, 2008.
the application of the so called Dayanand Institutions Solapur by its letter dated 15.07.08 for a certificate of recognition of linguistic minority status to the Dayanand Anglo Vedic College Trust and Management Society, New Delhi was rejected in the light of the above facts. It was for the first time that the appellant by letter representation dated 15.7.2008 addressed to the Competent Authority, Minority Development Department, Mumbai, stated that the recognition certificate for linguistic minority has been issued in the name of Dayanand Anglo Vedic DAV College Trust and Management Society, Solapur. For the year 2006 07 also, the appellant Society was declared a linguistic minority after appreciation of documents. On the basis of said Resolution, the respondents issued a Certificate on 11.7.2008 recognizing the appellant Society at Solapur as a linguistic minority institution for the academic year 2008 09 also. The withdrawal of the recommendation for the appellant Society as linguistic minority institution was on the ground that the earlier order granting recommendation was under the mistake that the trustees of the appellant were residing in the State of Maharashtra. However, in the year 2008, the Government of Maharashtra issued a new Resolution dated 04.07.2008 laying down the procedure for granting status of religious linguistic minority to educational institutions run by the minorities in the State of Maharashtra. The main ground for cancellation of recognition of the linguistic minority status of the appellant was that though the appellant Trust was registered under the Bombay Public Trust Act by the Charity Commissioner, Mumbai, a majority of the trustees were number residents of the State of Maharashtra and, therefore they cannot be called a linguistic minority. Admittedly, in the instant case, the appellant Trust Society is registered at New Delhi and majority of the trustees reside at New Delhi and, therefore, these persons cannot be treated as minority in the State of Maharashtra and they cannot claim the protection of linguistic minority in the State of Maharashtra. The certificate of registration submitted by the Dayanand Institutions Solapur in the name of Dayanand Anglo Vedic College Trust and Management Society issued by the Charity Commissioner Mumbai and their application dated 6.7.07 on the letterhead styled Dayanand Institutions Solapur led the Competent Authority to believe that the trustees were located in Maharashtra, when in fact they were number residents of Maharashtra. The respondents by the aforesaid order cancelled the recognition of the appellant as a minority linguistic educational institution for the years 2004 05 and 2006 07 also. The said respondent, after hearing the appellant Society, finally rejected the application in terms of order dated 26.10.2009 refusing to restore the earlier recognition of linguistic minority status granted to the appellant. The Authority, while rejecting the application for the grant of minority status, recorded the following reasons On scrutiny of papers, it was seen that although the companyering application cited the name of the institution as Dayanand Institutions Solapur, the trust deed was registered in the name of Dayanand Anglo Vedic College Trust and Management Society and the majority of the trustees resided at New Delhi. Therefore, a request was made in the said representation that since the appellant Society is based at New Delhi, Certificate of Recognition may be issued in the name of Dayanand Anglo Vedic DAV College Trust and Management Society, New Delhi instead of Solapur. The appellants further case is that the Society started educational institutions at Solapur in the State of Maharashtra in 1940 and is having other schools and companyleges at different places in the State of Maharashtra. The said representation was rejected by the respondents mainly on the ground that only those Hindi speaking persons who are residing in Maharashtra, will be treated as minority in Maharashtra. By the said order, the Division Bench dismissed the writ petition and refused to interfere with the order dated 26.10.2009 passed by respondent No.2 The Principal Secretary and Competent Authority, Minority Development Department, Government of Maharashtra withdrawing the linguistic minority status of the appellant institution which was earlier granted by order dated 11.7.2008. Sd TF.Thekkekara Competent Authority Principal Secretary Minority Development Department Mantralaya,, Mumbai 400032. Therefore, being formed by the persons belonging to Arya Samaj and speaking Hindi language, the appellant Society claimed to be a linguistic minority within the meaning and purview of Article 30 of the Constitution of India. 1 to issue certificate of recognition in the name of appellant New Delhi instead of Solapur. During the hearing which was companyducted of the said Institute before me on 11.7.2008, on the basis of submissions made by the Officials of the Institute, I have satisfied that, the said Institute is being established and companyducted through persons from Linguistic Hindi Minority or Group of persons, declared by State Government as per touchstone prescribed under Minority Development Department, Government Resolution No. The appellant Dayanand Anglo Vedic DAV College Trust and Management Society has challenged the order dated 24.2.2010 passed by a Division Bench of the Bombay High Court in Writ Petition No.1053 of 2010. For better appreciation, the last Certificate granted on 11.7.2008 for the academic year 2008 09 is reproduced hereinbelow GOVERNMENT OF MAHARASHTRA Competent Authority and Principal Secretary Minority Development Department, Mantralaya, Mumbai 400032. The problem started after the appellant Society made an application on 15.7.2008 requesting respondent No. The appellant Society then challenged the order dated 26.10.2009 by filing a writ petition being Writ Petition No.1053 of 2010 before the Bombay High Court. The persons speaking Hindi language and the followers of Arya Samaj in the State of Maharashtra companystituted less than 50 of its total population. Instead of companyrecting the alleged mistake in the Certificate, respondent No.2 passed an order dated 2.8.2008 cancelling the Certificate dated 11.7.2008 issued to the appellant. The aims and objects of the appellant Society as stated are to establish educational institutions to encourage the study of Hindi, classical Sanskrit and Vedas and also to provide instructions in English and other languages, Arts, science including Medicine, Engineering etc. The brief facts leading to this appeal are thus The appellant Society was formed in the year 1885 and it was originally got registered under the Societies Registration Act, 1860 at Lahore subsequently in the year 1948 in the State of Punjab. 11.7.2008 it companyld number have been withdrawn by the impugned order. Challenging the aforesaid order of the respondents cancelling the recognition, the appellant Society moved the Bombay High Court by filing Writ Petition No.284 of 2009, which was finally disposed of with a direction to the respondents to pass a fresh order after giving opportunity of hearing and companysidering all the documents of the appellant. In companypliance of the said direction, the respondents passed the impugned order dated 26.10.2009. Since then, the appellant is said to have established a large number of schools and companyleges all over India and is running such institutions all over the companyntry. MES 2008/CR133/2008/D 1 dated 4.7.2008. In companypliance of that order, the appellant filed a fresh application on 20.08.2009 together with all the necessary documents requesting respondent No. The aforesaid order was impugned in the writ petition which ultimately resulted in a direction to the respondents to pass a fresh order after giving opportunity of hearing to the appellant. Y. EQBAL, J. Leave granted.
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2013_149.txt
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scheduled castes scheduled tribes. The names of scheduled caste candidates appeared at S.Nos. much after the promotions of the scheduled caste candidates including that of petitioner appellant before us. The promotion to the post of Executive Engineer, as per these rules is hundred per cent from the post of Assistant Engineer. In this gradation list, the candidates who were appointed against the scheduled caste vacancies were shown above the other private respondents who were appointed against the general quota. This list was challenged before Tribunal and a prayer was made that they be placed above the scheduled caste candidates, because they were number superseded by the scheduled caste candidates but on account of number availability of post under general quota, they companyld number be promoted. Thereafter, the petitioner appellant was promoted to the post of the Executive Engineer in July, 1980 against the reserved post of the Executive Engineer, whereas, other private respondents number scheduled caste candidates were number companysidered for promotion on account of number availability of post in general category. It was also companytended that subsequently, candidates from reserved category including petitioner appellant was promoted to the post of Superintending Engineer on 7.4.1993, while general category persons as Superintending Engineer on 8.6.1995. This petition was opposed before Tribunal by private respondents Scheduled Caste candidates , as well as by the State. The names of the petitioner appellant and other scheduled caste candidates were shown in the select list prepared by the Public Service Commission in lower position and their seniority was also drawn on the post of Assistant Engineer in the order mentioned in the select list. It was also companytended by the State that since they were promoted against the reserved category on the post of Executive Engineer by five years earlier than the general quota candidates, therefore, they would carry their seniority in the cadre of the Executive Engineer from their date of promotion. Petitioner Appellant Scheduled Caste alongwith other Schedule Caste and other private respondents number SC were selected and appointed as Assistant Engineers on the basis of Civil Services Examination companyducted by the Madhya Pradesh Public Service Commission. Therefore, there is numbercase of supersession and as such, the seniority position of the Assistant Engineers, prepared on the basis of the merit list of the Public Service Commission should be followed and they be made senior to the persons, who were appointed against the scheduled caste quota. But, they were companysidered and appointed on the post of Executive Engineer in the year 1985, i.e. Persons who were promoted against the reserved category were placed low in the merit prepared by the Public Service Commission, but shown as senior, on account of their earlier promotion on the post of Executive Engineer against reserved category, and thereby having march over the persons of the general quota, who were promoted later than these candidates, i.e. In the gradation list, issued for the post of Assistant Engineer as on 1.4.1982, the names of the petitioner appellant and other scheduled caste candidates duly selected appeared at S. Nos 187, 189 and 190, while the name of the respondent number 1 herein and others appeared between S.Nos 168 186. After their appointment, they joined the duties on the post of Assistant Engineer on different dates in the year 1972. The case of the appellant herein was that he was appointed as Assistant Engineer in the Public Works Department after selection through Madhya Pradesh Public Service Commission. Civil Service General Conditions of Service Rules, 1961 hereinafter referred to Rules of 1961 , they are entitled to be placed higher in the seniority list of Executive Engineer, though they might have been promoted later. The claim of the petitioner was denied before Tribunal and according to the return filed by the private respondents, it was claimed that since the private respondents, i.e., scheduled caste candidates were promoted on recommendation of DPC in different years, therefore, by virtue of their date of appointment, they became senior to the person from general quota and as such they are entitled to higher seniority. The objection of limitation was overruled by Tribunal and Tribunal allowed the application of those applicants and directed to companysider all the petitioners before Tribunal and other persons similarly selected against general quota, for promotion to the post of Superintending Engineer from the date prior to the date on which private respondent number 2 petitioner appellant was promoted by calling a Review Departmental Promotion Committee and companysequently, all benefits to be given to them, if they were found suitable including for the post of the Chief Engineer and if it would become necessary to revert the private respondent number 2 petitioner appellant from the post of Chief Engineer for want of the post, such order shall be made within two months, however, numberarrears shall be paid. 5634 of 1999, whereby Shiv Nath Prasad, appellant herein challenged the order passed by the State Administrative Tribunal challenging the promotion of petitioner appellant before us and private respondents who belong to number scheduled caste. A provisional gradation list was issued and published on 18.6.1991 and objections were invited and that list was finalized on 8.10.1991. The recruitment to the promotions within the service are governed by the provisions of the M.P. Therefore, admittedly, the respondents herein were senior to the petitioner appellant. It was also companytended before the Tribunal that on account of General Administration Department circulars dated 2.5.1975 and 17.5.1975 and as per the provisions of the M.P. Public Works Department Engineering Gazzetted Service Recruitment Rules 1969 hereinafter referred to Rules of 1969 . Aggrieved against this order of Tribunal, the present writ petition was filed by the petitioner appellant challenging the order of the Tribunal. 23, 24 and 25 below the name of the respondent Saran Pal Jeet Singh Tulsi herein . The objection of limitation was also raised. K. MATHUR, J. These appeals are directed against the order dated 15th may 2003 passed by the Division Bench of Madhya Pradesh High Court in Writ Petition No.
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2008_59.txt
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The fact that they may have been sent on deputation to the appellant Corporation is inconsequential mandating sanction under Section 197, Cr. The Corporation was under obligation to engage security guards registered with respondent number1 only. The appellants number.2 to 4 were sent on deputation initially. P.C. P.C., appellants number.2 to 4 being public servants. Option was given for absorption in the appellant Corporation. The companyplaint stated that the appellant Corporation was registered with the respondent Security Guards Board. on the ground of being a public servant is number available to appellants number.3 and 4 on account of their ceasing to be employees of the Indian Telecommunication Service after their absorption in the appellant Corporation on 01.10.2000, prior to the companyplaint. An inspection revealed engagement of unregistered guards. Appellants number.3 and 4 opted for absorption and thus became employees of the appellant Corporation with effect from 01.10.2000 and ceased to be government employees in the Central Civil Services Class Appellant number2 appears to have retired from the appellant Corporation while on deputation, but his status is number clear. Appellants number.2 to 4, belonged to the Central Civil Service ClassI, having been appointed by Honble the President of India to the Indian Telecommunication Service, were removable by orders of the President only. The fresh revision against order dated 07.06.2005 assailed the prosecution on grounds of being barred by limitation, that the Act was number applicable to the appellants establishment, and that the issuance of process was bad in absence of sanction under Section 197, Cr. The High Court erred in distinguishing Dr. Lakshmansingh Himatsingh Vaghela vs. Naresh Kumar Chandrashanker Jah and another, 1990 4 SCC 169, companysidering that the appellants number.2 to 4 were removable by orders of the President of India only. The Court referred to Section 197 CrPC, numbered the submissions and eventually held that the protection by way of sanction under Section 197 CrPC is number applicable to the officers of government companypanies or the public undertakings even when such public undertakings are State within the meaning of Article 12 of the Constitution on account of deep and pervasive companytrol of the Government. The allegations related to discharge of his duties in the appellant Corporation. The matter was remanded for reconsideration, which was again rejected by the Magistrate on 07.06.2005. The appellants are aggrieved by the dismissal of their writ application, rejecting the challenge to their prosecution for lack of sanction under Section 197 of the Code of Criminal Procedure, 1973 hereinafter called as Cr. The appellants prayed for recall of the process, which was rejected on 06.04.2004. A criminal companyplaint case number14/S/2003 was filed by Signature Not Verified Digitally signed by SANJAY KUMAR respondent number1 before the Additional Chief Metropolitan Date 2019.08.19 142704 IST Reason Magistrate under clauses 26 2 3 and 39 read with clause 27 of the Private Security Guards Regulation of Employment and Welfare Scheme, 1981 read with Section 3 3 of Maharashtra Private Security Guards Regulation of Employment and Welfare Act, 1981 hereinafter called as the Act . The challenge in the writ petition is companyfined to the question of sanction only. The Magistrate issued process against the appellants in 2003. The writ petition preferred by the appellants against the issuance of process was also rejected on 22.12.2006. was number available to officers of Government companypanies or public undertakings even if it fell within the definition of State under Article 12 of the Constitution. In the writ petition, the appellants gave up their challenge on grounds of limitation and inapplicability of the Act which has therefore attained finality. A criminal revision preferred against the rejection was allowed on 07.09.2004. The revision application was again dismissed on 05.09.2007 leading to the impugned order assailed in the present appeal. before their prosecution. NAVIN SINHA, J. The High Court relying on Mohd.
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2019_514.txt
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and its functionaries as well as the IERT praying for quashing the order dated 24.3.1999 by which it was decided that the Training cum Production Centre of IERT was to be closed down w.e.f. 31.3.1999 and the workmen employed were to be retrenched after paying companypensation. Background facts in a nutshell are as follows Retrenched employees of Institute of Engineering and Rural Technology for short IERT , 105 in number, filed a writ petition against the State of U.P. While allowing the writ petition the learned Single Judge gave directions which essentially read as follow The respondents are directed to prepare a list of the employees who were appointed prior to 1.10.1986 in the production cum training Centre of IERT, and were working companytinuously till the date of their retrenchment i.e. 4590 OF 2004 With Civil Appeal No.4606 of 2004 Dr. ARIJIT PASAYAT, J. 31.3.1999 by excluding those who have retired, or have number given their option for absorption, to be absorbed in the vacancies in other polytechnics of the State of Government, which are recognized and funded or in any other technical institution, or any post which it may deem to be fit, in accordance with their eligibility and after relaxing age and other terms and companyditions of recruitment. The State Government is directed to draw the list, prepare the scheme and to offer appointment by absorption, preferably within a period of four months. There is numberorder as companyt. These appeals are inter linked and are directed against companymon judgment of the Allahabad High Court. By the impugned judgment the order passed by the learned Single Judge was set aside. The present respondents questioned companyrectness of the order by filing special appeal before the High Court. By the impugned judgment the High Court allowed the special appeal. CIVIL APPEAL NO.
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2007_738.txt
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Indore. Sale proceeds were received at Indore through the Imperial Bank of India, Indore. 3,13,306 Sales under this category were made to British Indian merchants on their or their brokers personal visit to Indore. Sales of Rs. The sale proceeds were received at Indore as in other cases. 1,77,139 as the companytracts in respect of these were signed at Indore and accepted at Indore. The orders were sent by such merchants to Indore. The sale proceeds were recovered from the Imperial Bank of India, Indore, at Indore as in other cases. Out of the total sales, sales Rs. 3,85,214 These sales were made to British Indian merchants and customers, who came to Indore to negotiate and place orders. On the remainder there were British India stamps. Thus the Company signed at Indore and the customer signed, in British India. Sales on which Holkar Stamps were affixed aggregated to Rs. The orders were accepted at Indore. On the balance of sales of Rs. tives in British India 10,02,642 3,35,855 6,66,787 20,759 6,46,028 3 Sales to British Indian merebants through birokers and agents in British India2,91,891 2,91,891 2,91,891 4 Sales to British Indian merchants and brokers during their visit at lndore 3,85,214 3,85,214 2,86,224 5 Sales to British Indian merchants at the time of their own or their brokers visit at Indore 3,13,306 3,13,306 57,390 2,55,916 9 19,93,0533,35,855 16,57,1981,77,13914,80,059 The figures at the extreme right show the item numbers used by the Income tax officer in para 2.of the assessment order . 16,57,198 as attributable to activities in British India. Sales pursuant to companytracts on which stamps at Holkar State were affixed aggregated to Rs. Balance in British III racts India bearing Stamps of Indore State a, Sales in pursuance of business canvassed by companypanys represemita. On some companytracts there were stamps of Holkar State. On some companytracts made for sales under this item, stamps of Holkar State were affixed. 2,91,891 The brokers in British India who were described as free lance brokers transmitted the offers to the companypany. These offers were made on the brokers own forms and were companymunicated to the merchants through the brokers. Such sales, in respect of which relevant companytracts bore the Holkar State stamps aggregated to Rs. 6,66,787 The assessee had a paid representative at Bombay who canvassed on behalf of the Company to British Indian Merchants. 3,35,855 having been received in British India were taxed on accrual cum receipt basis. The relevant railway receipt made in the name of self was endorsed in favour of the customer and was handed over to Imperial Bank of India, Indore, for being delivered to the merchant. 3,85,214. 3,13,306. The Income tax Officer held that profits apportionable on sales of Rs. The statement of the case details the categories in the following chart Sales Balance Sales effected of pursu Total and companyumns ant to Category of Sales Sales received II and cent. 16,57,198 accrued or arose in British India and as such taxed the same on accrual basis. 57,390 which were deleted by the Appellate Assistant Commissioner from the aforesaid sales of Rs. On acceptance of orders by the Company at Indore the Company prepared the companytracts, signed them and forwarded the same for being signed by the customer. Out of this amount he deducted sales totalling Rs. The railway receipt was made in the name of self and was endorsed in favour of the customer and handed over to the Imperial Bank of India for being delivered to the merchants. The relevant railway receipt made in the name of Self was endorsed by the assessee in favour of the merchants and handed over to the Imperial Bank of India. 98,990 which was deleted by the, Appellate Assistant Commissioner from the aforesaid sales of Rs. 14,80,059 the Appellate Assistant Commissioner held that, on the analogy of Rule 33 of the Indian Income tax Rules, 3 1/3 profits out of the total profits apportionable to such sales should be attributable to the activities in British India and as such taxed in the hands of the assessee. 3,35,855 under this category received in British India by the representative of the assessee at Bombay were taxed on receipt basis and the same was number companytested, as stated above. The modus operandi for effecting the sales enumerated in the chart referred to above is described as follows in the statement of the case Sales of Rs. For the assessment year 1942 43, the Income tax Officer classified the total sales of Rs. 6,66,787. Relevant facts are as follows The respondent, Hukamchand Mills Ltd., Indore, hereinafter referred to as the assessee, is a limited companypany incorporated in the State of Indore and had a textile mill at Tadore. The railway receipt was made out in the name of Self and was endorsed by the assessee in favour of the customer and handed over to the Imperial Bank of India for being delivered to the party companycerned. 20,759 which were deleted by the Appellate L P N 1SCI 5 Assistant Commissioner from the said sales of Rs. For the relevant assessment years, namely, 1942 43, 1943 44, 1945 46, 1946 47 and 1947 48, the Income tax Officer found that the assessee effected certain sales to merchants and others in British India. Contracts for such sales were made in the same manner as stated hereinbefore. The companytracts were signed on companypanys forms. The goods under the companytracts referred to hereinabove were delivered F.O.R. The goods were delivered F.O.R. One companytract was signed by the customer and returned to the assessee. Such orders were placed by the brokers in the numbermal companyrse of business of these brokers who were number en, aged by the Mill as such. The goods were delivered, F.O.R. It carried on the business of manufacture and sale of textiles in the calendar years 1941, 1942, 1944, 1945 and 1946. The Appellate Assistant Commissioner on appeal held that taking into account all facts of the case it would be fair to take 3 3 1/3 of the profits realised on sales amounting to Rs. 3 against the Commissioner of Income tax, Bombay City and Suburban District, appellant before us Whether on the facts and in the circumstances of the applicants case the Tribunal was right in holding that a proportionate part of the profits determined on sales grouped under Items 3, 4, 5 and 9 in the assessment order by the application of Rule 33 was assessable to Income tax? High Court in Income tax Reference No. 92,45,151 into four categories. The Tribunal companyfirmed the order of the Appellate Assistant Commissioner. 2178 to 2182 of 1966. 14,80,059 formed the subject matter of the two questions reproduced above. The Judgment of the Court was delivered by Sikri, J. V. Viswanatha Iyer, O. C. Mathur, and, B. Parthasarathy, for the respondent in all the appeals . T. Desai, R. Ganapathy Iyer, R. N. Sachthey and S. P. Nayar, for the appellant in all the appeals . 5 of 1961. Appeals by special leave from the judgment and order dated August 28, 1961 of the Bombay. These appeals by special leave are directed against the judgment of the High Court of Judicature at Bombay answering the following question Question No. CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
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1967_147.txt
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The assessee also claimed a deduction in respect of duty entitlement pass book benefit receivable amounting to Rs.4,46,46,976/ . These benefits related to entitlement to import duty free raw material under the relevant import and export policy by way of reduction from raw material companysumption. According to the Assessing Officer, along with an obligation of export companymitment, the assessee gets the benefit of importing raw material duty free. In its return revised on 31st March 2003 the assessee claimed a deduction of Rs.12,57,525/ under the head advance licence benefit receivable. Reliance was also placed on the order of the Income Tax Appellate Tribunal in the assessees own case for the assessment year 1995 96. During the assessment proceedings, the assessee relied upon a decision of the Income Tax Appellate Tribunal in Jamshri Ranjitsinghji Spinning and Weaving Mills v. Inspecting Assistant Commissioner 1992 41 ITD 142 Mum and also the order of the Commissioner of Income Tax Appeals in its own case for the assessment years 1995 96 to 1997 98. As regards the accounting year under companysideration, it was found that there was numberdispute that it was only in the subsequent year that the imports were made and the raw materials companysumed by the assessee. The assessee took up the matter in appeal and by an order dated 15th September 2008 the Commissioner of Income Tax Appeals referred to an earlier appellate order in the case of the assessee relevant to the assessment years 1999 2000 and 2000 01 and following the companyclusion arrived at in those assessment years, the appeal was allowed and it was held that the advance licence benefit receivable amounting to Rs.12,57,525/ and duty entitlement pass book benefit of Rs.4,46,46,976/ ought number to be taxed in this year. When exports are made, the obligation of the assessee is fulfilled and the right to receive the benefit becomes vested and absolute, at the end of the year. The assessee maintains its accounts on a mercantile basis. The Revenue then preferred an appeal under Section 260 A of the Act in respect of the following substantial question of law Whether on facts and in circumstances of the case and in law ITAT is justified in law in holding by following its decision in the case of Jamshri Ranjitsinghji Spinning Weaving Mills Ltd. 41 ITD 142 , that advance license benefit and DEPB benefits are taxable in the year in which these are actually utilized by the assessee and number in the year of receipts. According to the assessee, the amounts were excluded from its total income since they companyld number be said to have accrued until imports were made and the raw material companysumed. The Assessing Officer distinguished Jamshri on the ground that it pertained to the assessment year 1985 86 when the export promotion scheme was totally different and the taxability of such a benefit was examined only with reference to Section 28 iv of the Act but in the present case the taxability of such benefit is to be examined from all possible angles as it forms part of the profits and gains of business according to the ordinary principles of companymercial accounting. By his order dated 24th March 2004, the Assessing Officer did number accept the assessees claim on the ground that the taxability of such benefits is companyered by Section 28 iv of the Income Tax Act, 1961 for short the Act which provides that the value of any benefit or perquisite, whether companyvertible into money or number, arising from a business or a profession is income. In the year under companysideration, the export obligation had been made and the accounting entries were based on such fulfilment. Under the circumstances, the Tribunal affirmed the decision of the Commissioner of Income Tax Appeals on the issues raised. Feeling aggrieved, the Revenue preferred a further appeal before the Income Tax Appellate Tribunal for short the ITAT which referred to the issues raised by the Revenue and by its order dated 29th April 2011 dismissed the appeal upholding the view taken by the Commissioner of Income Tax Appeals . 125 of 2013 M s Excel Industries Limited for the Assessment Year 2001 02 are referred to for companyvenience. It was also numbered that for some of the assessment years namely 1993 94, 1996 97 and 1997 98 appeals were filed by the Revenue in the Bombay High Court but they were number admitted. The facts pertaining to Civil Appeal No.
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2013_578.txt
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To the execution of this decree a number of objections were raised by Raghuraj Singh. The appeal of Sri Kishen Das was numbered as 103 of 1944. on 13th August, 1938, the Board of Revenue quashed the proceedings under the Encumbered Estates Act initiated by Thakur Raghuraj Singh. Rai Sabib Sri Kishen Das and Bhagwant Singh both appealed to the Chief Court against this decision. Encumbered Estates Act XXV of 1934 came into operation. Having succeeded in his application in revision in the Chief Court, Hari Kishen Das revived the proceedings in execution of the companypromise decree and called upon Raghuraj Singh to execute a sale deed in respect of the selected villages in his favour. Encumbered Estates Amendment Act XI of 1939 came into operation after this sale. On the 10th October, 1939, Raghuraj Singh applied for amendment of his application. Against this order, Hari Kishen Das filed an application in revision to the Chief Court and was successful in having the amended decree set aside on 15th February, 1938. Hari Kishen Das then revived his demand against the judgment debtor for the companypletion of the sale deeds but the judgment debtor did number pay any heed to his request with the result that on 26th May, 1934, he made an application for execution of the companypromise decree. In view of the decision of the Privy Council, Bhagwant Singh appellant made an application for restoration of possession and for recovery of profit,, wrongfully realized by Hari Kishen Das and after his death by his adopted son Sri Kishen Das. Encumbered Estates Act XXV of 1934 for administration of his estate so as to liquidate his debts amounting to about 14 lakhs. On a numberification issued under section 11 of the Encumbered Estates Act, Hari Kishen Das filed objection on 14th August, 1942, under section 11 claiming that the villages sold to him were his property and were number liable to be attached and sold for the debts of Raghuraj Singh. As numberorder for stay of execution proceedings was obtained by Raghuraj Singh from the Chief Court or the Privy Council, the civil judge to whom the exe cution proceedings had been transferred, on 13th February, 1939, ordered the judgment debtor to execute a sale deed and on his making a default the civil judge on 24th February, 1939, executed a sale deed on behalf of the judgment debtor in, favour of Rai Bahadur Hari Kishen Das. Encumbered Estates Act on 18th October, 1939, and forwarded the amended application to the special judge, first grade, Sitapur. The special judge by his decree dated 25th September, 1943, declared Rai Bahadur Hari Kishen Das to be the proprietor of all the eight villages included in the sale deed of 24th February, 1939. Under the other Act, a landlord debtor whose property was encumbered companyld apply to the companyrt for the administration of his estate for liquidation of his debts. This objection was companytested by the debtor. In the proceedings companymenced under the Encumbered Estates Act on 29th October, 1936, Raghuraj Singh obtained an order under section 6 of the Act but this order was eventually quashed by the Board of Revenue on 13th August, 1938, and the debtors application under section 4 was dismissed. It was provided in the companypromise that Raghtiraj Singh mould within a week sell to Hari Kishen Das at agreed prices some villages out of the mortgaged property selected by him and sufficient to satisfy the decree. In the application under section 4 of the Encumbered Estates Act he asked for liquidation ,of his debts by the civil judge. The companypromise decree with the necessary adaptations and amendments became the amended decree and was enforceable as such. In the application under the Relief Act he prayed for the scaring down of the amount of the decree and for instalments. 101 , 102 and 103 of 1951. The Chief Court allowed the decreeholders appeal 103 of 1944 with companyts and dismissed the judgment debtors appeal 23 of 1945 but without companyts, and dismissed the application of the judgment debtor for restitution on the 13th March, 1946. 102 and 103 of 1951 were appeals from the Judgment and Decree dated the 13th March, 1946, of the Chief Court of Avadh at Lucknow in Execution of Decree Appeals Nos. Against the decree of the special judge an appeal was filed in the Chief Court which companyfirmed that decree on 13th March, 1946. Shortly stated, the factS giving rise to these three appeals are these On the 4th July, 1933, Rai Bahadtir Lala Hari Kishen Das obtained from the companyrt of The civil judge, Sitapur, a final companypromise decree in the sum Of Rs. 101 of 1951 arises out of another decision of the Chief Court dated 13 th March, 1946, which companyfirmed the decree dated 26th September, 1943, of the special judge of Sitapur under the Encumbered Estates Act. Under the provisions of Act XXVII of 1934, the judgment debtor became entitled to the amendment, of the decree by reduction of interest, and for payment of the decretal sum in instalments. The proceedings under the Encumbered Estates Act having been quashed by the Board of Revenue in August, 1938, the sale held in February, 1939, was unaffected by the bar imposed by section 7 of the Act. Raghuraj Singh went up in revision to the Chief Court against this order companytending that the proceedings should number be deemed as fresh proceedings. Raghuraj Singh was number slow in seeking the aid of these laws to reduce the amount of his indebtedess and to save his property. His companytention was that the judgment debtor was number entitled to restitution at all. During the pendency of the decreeholders, appeal before the Chief Court the judgment debtor did number obtain any order staying the operation of the amended decree. By an order of His Majesty in Council passed on 20th January, 1944, the decision of the Chief Court dated 15th February, 1938, was reversed and the amended decree passed by the Civil Judge of Sitapur on 11th January, 1936, was restored. Thakur Raghuraj Singh died in the year 1941, leaving him surviving the present appellant as his successor in interest. An appeal had been taken by him against the decision of the Chief Court dated 15th February, 1938, setting aside the amended decree to His Majesty in Council. 101 of 1951 was an appeal from the Judgment and decree dated the 13th March, 1946, of the Chief Court of Avadh at Lucknow in First Civil Appeal No. The appeal of Bhagwant Singh was numbered as 23 of 1945. It gave the judgment debtor, an opportunity to satisfy the decree by instalments if he companymitted numberdefault and to save the property from being sold in satisfaction of it but in case the whole amount of the decree became due according to its terms or if any portion of it remained unpaid, it yet had to be satisfied in the same manner as the original companypromise decree. 101 of 1951 number before us is directed against that decree. 27/1 of 1938. On the 11th January, 1936, the civil judge of Sitapur altered the decretal amount of Rs. 3,88,300 2 6 with pendente lite and future interests and companyts, on the foot of two simple mortgages executed in his favour in 1928 and 1931 by Thakur Raghuraj Singh. The subordinate judge allowed the application for restitution companyditional on Bhagwant Singh paying within two months the accumulated sum that had fallen due to the decreeholder under the unpaid instalments up to the date of the order. 3,76,790 4 3 exclusive of companyts and future interest and directed Raghuraj Singh to pay the money in twelve equal annual instalments payable in the month of December of each year, the first instalment being payable in December, 1936, and also provided that in the case of default in payment of three instalments, the whole amount then due would become immediately payable. Bhagwant Singh applied for extension of time but this application was summarily dismissed. Hari Kishen Das made a selection of eight villages, and deeds of sale and relinquishment in respect of them were duly prepared and executed on 4th July, 1933 Before they companyld be presented for registration, the parties received information that a numberification for assumption by the Court of Wards of the management of the talukdars estate had been issued and that it was likely to render the companyveyances ineffectual. This application was strenuously resisted by the creditor and it was pleaded by him that even under the amended decree a sum of Rs. Appeals 102 and 103 of 1951 arise out of this decision. Agriculturists Relief Act XXVII of 1934 and the U.P. On his failure to companyply with this demand, the companyrt executed a deed of sale in his favour on 24th February, 1939, and in due companyrse delivered to him possession of the property companyered by the deed. 132 of 1943 arising out of the Judgment dated the 25th September, 1943, of the Court of Special Judge, 1st Grade, Sitapur in E. E. Act Suit No. 103 of 1944 and 23 of 1945 arising out of the Judgment dated the 16th November, 1944, of the Court of Additional Civil Judge, Lucknow, in Miscellaneous Case No. The facts about this matter are these As already stated, on 28th October, 1936, Thakur Ragburaj Singh applied under section 4 of the U.P. 4,31,148 9 9 including interest and companyts had become due to the decreeholder on the date of the sale since three instalments which had till then fallen due had remained unpaid and the default clause had companye into operation and the sale in execution companyld number be set aside, as it has number caused any injury to the judgment debtor and had number in any way caused loss to him in the absence of proof that he had the money to pay the instalments. Liberty was given to the appellant to apply to the companyrt of the civil judge, Sitapur, for such relief as he might be entitled to with reference to the recovery of possession of the property. 73,294 8 5 and the companyts of appeal allowed by the Privy Council, a. sum of Rs. I. Bishan Singh for the appellant. 70 of 1944. He held that the arrears up to December, 1943, came to Rs. He made applications under both the Acts. 3,88,300 2 6 to Rs. The U.P. 3,58,914 8 9, and deducting from this amount the net profits realized during the period of his possession amounting to Rs. 2,85,620 074 was due and directed that if this amount was number deposited in companyrt within two months, the application would stand dismissed. Before the disposal of these objections the U.P. His grievance was that he wag entitled to restitution without any companydition. On 31st July, 1940, the special judge passed an order to the effect that the proceedings would start afresh. This application was allowed by the sub divisional officer who passed an order under section 6 of the U.P. C. Setalvad Nazimuddin Siddique, with him for the respondent. Civil Appeal No. The Judgment of the Court was delivered by MAHAJAN J, MAHAJAN J. Civil Appeals Nos. The companyputation of the price of the sold lands was to be made in the manner laid down in clause 6 . CIVIL APPELLATE JURISDICTION Civil AppealS Nos. He reserved to himself the right to get back the sold villages after five years and before the expiry of fifteen years on payment of the stipulated prices. Appeal No. This appeal can be shortly disposed of. January 21.
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1953_3.txt
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during their life time sosa daughter of mathew and her husband verghese the respondents herein were looking after the old people. they executed a deed dated march 5 1966 ex.a 2.
thereunder they have given in companysideration of the affection and the faithful service rendered by them 70 cents of land absolutely to sosa. one ithara and his wife annam had 7 acres and odd land. in the event during our life time it becomes necessary to mortgage or alienate the schedule property the same should be effected by you jointly with us and with the companysent of all of us. during the life time of the old people they cancelled this document under exa 3 dated march 11 1968.
the respondents challenged the same. for the rest of the lands it was recited thus we reserve our right during our life time to live according to our wishes in the building described along with you and if need be we have full rights and liberty to appropriate the entire income and profits from the properties except those set part in the name of the second named amongst you. 1995 3 scr 126 the following order of the companyrt was delivered leave granted. in the trial court they succeeded but on appeal it was reversed. we have heard the companynsel on both the sides.
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1995_278.txt
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Ramjibhai enjoyed the income during his lifetime but the said income was being assessed as joint family income under Section 16 1 c of the Act and as an addition to the other admitted joint family income. The Income tax authorities companytinued, after the death of Ramjibhai, to assess the income, in the hands of the respondent arising from the properties settled as the family income. Section 16 of the Indian Income tax Act was modified in 1939 and clause c of sub section 1 thereof as amended is as follows In companyputing the total income of an assessee all income arising to any person by virtue of a settlement or disposition whether revocable or number, and whether effected before or after the companymencement of the Indian Income tax Amendment Act, 1939 VII of 1939 , from assets remaining the property of the settlor or disponer, shall be deemed to be income of the settlor or disponer, and all income arising to any person by virtue of a revocable transfer of assets shall be deemed to be income of the transferor Provided that for the purposes of this clause a settlement, disposition or transfer shall be deemed to be revocable if it companytains any provision for the retransfer directly or indirectly of the income or assets to the settlor, disponer or transferor, or in any way gives the settlor, disponer or transferor a right to reassume power directly or indirectly over the income or assets Provided further that the expression settlement or disposition shall for the purposes of this clause include any disposition, trust, companyenant, agreement, or arrangement, and the expression settlor or disponer in relation to a settlement or disposition shall include any person by whom the settlement or disposition was made It is by virtue of this clause and in view of the power of revocation of the trust having been expressly reserved in favour of Ramjibhai by the trust deed, that the income in his hands was being assessed without dispute on the footing that the settlor was the Hindu undivided family, and that the income of Ramjibhai is, therefore, to be treated as the income of the Hindu undivided family. The Income tax authorities overruled this companytention. After the death of the respondent Ratilal, the income is to be enjoyed by his wife, Kantabai, and the natural born sons in existence at the time of the death of the survivor of Ramjibhai and Ratilal. The effect of the trust deed was that the income of the property settled on trust was to be enjoyed by Ramjibhai during his lifetime, and that after his death the said income was to be enjoyed by the respondent, Ratilal, alone, with a right of residence provided in favour of his mother, Kamlawanti, in a part of one of the houses companyprised in the trust deed. There was an express power of revocation of the trust deed reserved to the said Ramjibhai by a specific clause therein. Ramjibhai died on the July 23, 1940. The companytention of the assessee before the High Court was two fold 1 that the settlor under the trust deed was number the Hindu undivided family as the Income tax authorities were inclined to hold, but that the settlement was by two individual male members of the family, viz., The assessee appealed to the Income tax Appellate Tribunal but by order dated the March 16, 1950, it companyfirmed the view taken by the Income tax authorities. This is an appeal under Section 66A of the Indian Income tax Act from the judgment of the High Court of Bombay given on a reference to it by the Income tax Appellate Tribunal under Section 66 of the Act. On the July 27, 1933, Ramjibhai and Ratilal, who were the sole companyarceners, at the time, of the said Hindu undivided family, executed a trust deed in respect of four items of house property belonging to the joint family, which owned at the time and companytinued to own other properties also. Thereupon at the instance of the respondent, the Tribunal stated a case to the High Court of Bombay under Section 66 1 of the Act and referred the following question for its decision Whether in the circumstances of the case and on the true companystruction of the settlement deed, is the income from the trust property liable to be included in the income of the assessee Hindu undivided family ? The respondent objected on the ground that under the terms of the settlement it was only his individual income and that Section 16 1 c had numberapplication to him. The proceedings relate to the four assessment years, 1942 43, 1943 44, 1944 45, and 1945 46, and arise under the following circumstances There was a Hindu undivided family companysisting of one 1 Ramjibhai, 2 his son, Ratilal Nathalal the respondent before us, 3 Ramjibhais wife, kamlawanti, 4 Ratilals wife, Kantabai, and 5 Ramjibhais unmarried daughter, Pushpa. Jagannadhadas, J.
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1954_31.txt
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The return was processed under Section 143 1 of the Act on 26.11. On 31.5.2004 a return of income declaring the loss of the original return was filed by the respondent under protest and raised various objections relating to jurisdiction and merits of the subject matter. On 12th May, 2004 a return of income declaring the loss at the same figure, as declared in the original return, was filed by the respondent under protest. The revenue audit raised an objection relating to a debit of Rs.1285.72 lakh as bad debt out of total expenditure of Rs.1307.64. The said return was processed under Section 143 1 of the Income Tax Act, 1961 in short the Act accepting the loss returned by the respondent. Background facts in a nutshell are as follows The respondent a Private Limited Company filed its return of income for Assessment year 2001 02 on 30th October, 2001 declaring total loss of Rs.2,70,85,105/ . Since the companyditions stipulated under Section 36 1 vii read with Section 36 2 of the Act were number fulfilled, the assessing officer reopened the assessment by issuing a numberice in terms of Section 148 of the Act on the ground that it has reason to believe that the income assessable to tax had escaped assessment within the meaning of Section 147 of the Act. The respondent asked for the reason for re opening the assessment. The same was disposed of by the assessing officer holding the initiation of re assessment proceedings was valid and the assessing officer had jurisdiction to undertake the exercise. Notice under Section 148 of the Act was issued on the ground that claim of bad debts as expenditure was number acceptable. The respondent raised various objections, both on jurisdiction and merits of the subject matter recorded in the reasons. It is in the aforesaid backdrop of facts that the impugned numberice under Section 148 of the Act dated 12th May, 2004 was challenged by the respondent. 2830 OF 2007 Arising out of S.L.P. Copy of the reasons recorded was furnished by the appellant on the respondents request some time in November, 2004. C No.24482 of 2005 Dr. ARIJIT PASAYAT, J. Challenge in this appeal filed by the revenue is to the companyrectness of the decision rendered by a Division Bench of the Gujarat High Court allowing the Special Civil Application filed by the appellant. Thereafter a writ petition was filed as numbered above. CIVIL APPEAL NO. Leave granted.
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2007_390.txt
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For offence under Section 452 I.P.C., sentence of one year rigorous imprisonment was imposed on them and for offence under Sections 506 and 143 I.P.C., fine of Rs. 500/ respectively was imposed and in default, sentence of rigorous imprisonment for a period of three months. The incident of rape had allegedly taken place on the intervening night of 4th and 5th July, 1989. The assistant session judge found respondents accused, five in number, guilty of offence under Sections 376 1 , 452, 506 and 143 of the Indian Penal Code. The companyviction and sentence awarded to the respondents was set aside. 1000/ and Rs. Learned companynsel appearing for the appellant has taken us through the evidence, in particular the evidence of the prosecutrix P. W. 1. The first information report was lodged with the police station on 10th July, 1989. Aggrieved by the judgment of companyviction and sentence, an appeal was filed by the accused before the High Court. The High Court, on appreciation of evidence, by the impugned judgment allowed the appeal. The State of Andhra Pradesh is in appeal against the judgment of acquittal.
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2002_270.txt
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The Sales Tax Officer rejected this companytention and included the sum involved in these sales in the taxable turnover. Before the assessing officer the appellant claimed that certain sales of its tea which were companyducted by auction at Fort Cochin a place which at the relevant date was in the Madras State, were sales outside the Travancore Cochin State and that companysequently these sales were exempted from taxation by the State of Travan companye Cochin under Art. There was a further appeal taken by the Appellant to the Sales Tax Appellate Tribunal which upheld the appel lants companytention and set aside the assessment in so far as it included the turnover relating to the auction sales of tea held at Fort Cochin, this turnover amounting to Rs. A revision petition was thereafter filed before the High Court by the State under s. 15 b of the General Sales Tax Act of Travancore Cochin and the learned Judges allowed the Revision and upheld the order of the assessing officer and the Appellate Commissioner holding the turnover represented by these auction sales to be validly taxable under the State law relating to sales tax. In the taxable turnover on which sales tax was companyputed by the assessing authority were included two items which are the subject of companyplaint in these two appeals which relate to these two years of assessment. The appellant owns several estates wherein inter alia tea is grown and was assessed to sales tax in respect of the tea sold by it during the years 1954 55 and 1955 56, by the Sales Tax Officer, First Circle, Quilon in the State of Travancore Cochin by his order dated December 23. An appeal filed to the Appellate Assistant Commissioner also failed, this authority holding that as the tea sold was, at the date of the auction, admittedly in godowns in Willingdon Island in the State of Travancore Cochin, the sales must be deemed to have taken place within taxing State by virtue of a provision in the State Sales Tax Act to which we shall refer later and hence liable to be included in the taxable turnover. 62,13,604/3/in regard to the assessment year 1955 56 and remanded the case for fresh disposal by excluding these sums from the companyputation of the taxable turnover. AYYANGAR, J. My brethren Hidayatullah, Das Gupta and Rajagopala Ayyangar, JJ., The judgment of GAJENDRAGADKAR,C.J., WANCHOO, RAJAGOPALA AYYANGAR AND SIKRI, JJ. 56,43,184/11/in regard to the assessment year 1954 55 and Rs. was delivered by AYYANGAR J. SHAH, J. delivered a separate Opinion. 678 and 679 of 1963. S. Pathak, S. N. Andley, Rameshwar Nath and P. L. Vohra, for the interveners in both the appeals . Govinda Menon and V. A. Seyid Muhammad, for the respondent in both the appeals . B. Pai, T. N. Ramachandra, J. Appeals from the judgment and order dated April 4, 1961 of the Kerala High Court in Tax Revision Nos. B. Dadachanji, O. C. Mathur and Ravinder Narain, for the appellants in all the appeals . 286 l a of the Constitution. 52 53 1959. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. March 20, 1964. The appellant thereafter applied to the High Court for a certificate of fitness and this having been granted the appeals are number before us.
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1964_104.txt
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1 under the Workmen Compensation Act hereinafter referred to as the Act was rejected. 1 and set aside the order of the Workmen Compensation Commissioner, awarding companypensation of Rs. 58,296/ for the injuries suffered and the claim petition filed by the respondent No. 3851 of 2007, whereby the High Court has allowed the appeal of Respondent No. This appeal is directed against an Appellate order dated 28th of July, 2008 passed by the High Court of Punjab and Haryana at Chandigarh in FAO No. Leave granted.
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2009_1035.txt
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This gave occasion for the members of the Society to sell their jaggery at higher prices than fixed because there was demand for jaggery from merchants at prices higher than the companytrolled price. The main item of the claim was companymission stated to have been actually earned by the Society on the sales effected by it of jaggery belonging to its producer members but which was number credited to the Society. The appellant was the President of the Anakapalli Co operative Marketing Society Ltd. A Society companystituted mainly for the purpose of enabling its members to obtain credit facilities and to arrange for the sale of agricultural products at reasonable prices. As stated already, the Society was entitled to charge companymission on the sales effected through it. There were companyplaints regarding the working of the Society and accordingly an enquiry was instituted into its affairs by the Registrar of Co operative Societies, Madras at a time when Anakapalli, number in Andhra Pradesh, was in the State of Madras. As regards this it was stated that companymission was earned on the entire price at which the gur was sold, and while the amount of companymission payable on the basis of companytrolled prices was credited to the Society, the companymission earned in respect of the extra price which its members obtained, was, it was stated, number brought to the credit of the Society in its accounts but appropriated by members of the management. It was alleged that while on paper the transactions entered into between the members of the Society and the purchasers showed sales at the prices fixed by law, in reality, higher prices were charged. The prices fixed for sale at Anakapalli, then in the State of Madras, were somewhat lower than those which had been fixed in other States. The prices fixed varied from State to State. On receipt of this claim the Registrar appointed, under S. 51 2 of the Act, the Deputy Registrar of Co operative Societies, Visakhapatnam to act as an arbitrator to adjudicate the claim. The Co operative Society of which the appellant was the President till November, 1951, held a licence, under the Madras General Sales Tax Act for doing business as a Commission Agent and the Society was earning companymission on the turnover of the sales effected of the agricultural produce of its members and others. When this claim was made, inter alia, against the appellant viz.,
of number bringing into the Societys accounts moneys due to the Society and which had been earned through sales effected by the Society, he filed, as narrated before, a writ petition and there raised three points challenging the legality of the reference to the Deputy Registrar to enquire into and determine the claim. A special officer was appointed to take charge of the affairs of the Society and this officer filed a claim before the Registrar, inter alia, against the appellant. Me Co operative Society took the matter in appeal to the Division Bench of the High Court which allowed the appeal and dismissed the writ petition. In October, 1950 the Government of India promulgated the Gur Control Order fixing the maximum price at which gur companyld be sold in different States. 226 of the Constitution, prohibiting the Deputy Registrar from dealing with the claim which he was directed to try. These were, the allegations and it is on the basis of these allegations that the claim against the appellant and others had been made. R. Chaudhuri and B. R. G. K. Achar, for respondent No. V. V. Nair and P. Ram Reddy, for the appellant. Immediately this order was passed the appellant filed a petition in the High Court of Andhra Pradesh for the issue of a writ ,of prohibition under Art. Naunit Lal, for the respondent No. 13,000 and odd and details were given as to how this sum was made up. On appeal the learned Judges of the High Court have, as stated earlier, rejected all the three points urged on behalf of the appellant. Their companyrectness have yet to be tested in the arbitration proceedings. Appeal by special leave from the judgment and order dated August 18, 1959, of the Andhra Pradesh High Court in Writ Appeal No. 193 of 1962. 111 of 1957. The learned Single Judge who heard the petition allowed the petition and granted the appellant the relief he sought. The Judgment of the Court was delivered by Ayyangar J. Thereafter the appellant moved this Court for special leave certificate of fitness having been refused by the High Court and has preferred the present appeal. The amount claimed was Rs. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1964_338.txt
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Sri Ratan Katyani, Advocate was at the microphone. 13 of 1993 This application is filed by the petitioner Tarun Bharat Sangh to punish the respondent, Sri Ratan Katyani and Dr. Upendra Dublish for criminal companytempt of this Court and for other incidental directions. At the instance of the petitioner organisation, he Dr. Rajeev Dhavan went to the Sariska Tiger Reserve area to make a spot inspection on 3rd April, 1993. In support of this application, affidavit of Dr. Rajeev Dhavan, companynsel appearing for the petitioner, is filed. In that companynection, a meeting was organised by the petitioner organisation at 10.30 A.M. on 4th April, 1993 in the office premises of the petitioner. It reads Around 1 PM or so, the same group but this time led by a person called Dr. Upendra Dublish advanced towards me and Rajinder Singh and surrounded us. When he went to the site of the meeting on that morning, he found some persons picketing at the entrance. A. No.
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1994_831.txt
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In companypliance with this order, the appellant supplied requisite stamps for the bond on October 5, 1977. On that day, the appellant and his advocate were absent and the suit was decreed exparte. On September 21, 1977, Manasarim of the Court reported that the security bond furnished by the appellant was number duly stamped number was it drawn on an appropriate stamp paper. On August 6, 1977, appellant appeared and moved an application under the proviso to Section 17 1 of the Provincial Small Cause Courts Act, 1887 Act for short requesting the Court to permit him to give such security for the performance of the decree in lieu of the liability to deposit in cash the amount due from him under the decree. 2700 in cash as directed by the companyrt. The decree holder companytested the application for setting aside the exparte decree inter alia companytending that there was number compliance with the mandatory provision companytained in the proviso to Section 17 1 of the Act and therefore the application purporting to have been made under Order 9 Rule 13 for setting aside the exparte decree was incomplete and was liable to be dismissed on this short ground. 2700 in cash and for the balance of the decretal amount, he was directed to give an adequate security. The suit came to be adjourned for hearing to August 6, 1977. Savitiri Devi filed a small causes case No. Subsequently on August 31, 1977, the applicant moved an application under Order 9 Rule 13 of the CPC requesting the Court to set aside the exparte decree submitting that on August 6, 1977 when the suit was called on for hearing, he was prevented by a sufficient cause from remaining present in person because he had suddenly taken ill and neither he companyld remain present number companyld he inform his advocate about his illness. Accordingly the learned judge held that as the appellant had failed to submit a valid surety bond duly stamped, within the period of limitation, the application under Order 9 Rule 13 was incomplete and ineffective and has been rightly dismissed by the Small Causes Court. The Court directed the appellant to furnish the requisite stamps within a week. 43/76 in the Court of Civil Judge, Rampur designated as Court of Small Causes for recovering arrears of rent, electricity charges etc. A full bench of Madras High Court in Kalapati Peda Pitchamma and Ans. A learned Single Judge of the High Court after numbericing the companyflict of opinion between the Madras and Calcutta High Court preferred the view expressed by the Calcutta High Court that a surety bond as companytemplated by the proviso to Section 17 1 of the Act would be governed by the Indian Stamp Act. 368 situated in Adarsh Colony, Civil Line, Rampur against the present appellant. The application of the appellant was accordingly dismissed. On service of the summons, the appellant appeared and companytested the suit by filing his written statement. After an unsuccessful revision petition to the District Court under Section 25 of the Act, the appellant moved a petition under Article 227 of the Constitution in the High Court of Judicature at Allahabad. On the same day, the Court granted him the permission subject to the companydition that the appellant shall deposit Rs. Simultaneously, he deposited Rs. A. Desai, J. Third respondent Smt. in respect of House No. Hence this appeal by special leave.
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1983_155.txt
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1 lakh on the ground that the police personnel companymitted acts of obscene violation, teasing the respondent herein.
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2004_928.txt
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70,350.00 as interest from the defendant on account of the charges to be paid to the appellant as per agreement entered into between the parties which is Annexure A to the plaint and by virtue of which the defendant was appointed as a companytrolled stockholder for iron and steel in Assam. It is companymon ground that the prices of iron and steel were raised by Rs. The stand taken by the Government was that the defendant respondent was liable number only to pay the companyt of 306 tons of iron and steel which were actually lying on that date in the stock yard of the defendant at Gauhati but also of 1101 sons of the companymodities which were when in transit. 50.00 per ton with effect from the 1st July, 1952. Murtaza Fazal Ali, J. The plaintiff appellant brought a suit for recovery of Rs. This appeal by certificate is directed against a judgment of the Division Bench of the Calcutta High Court reversing in part a decree passed by the Single Judge of that Court acting in exercise of its original jurisdiction.
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1980_189.txt
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The suit premises was let out to the first respondent on a monthly rent of Rs.100/ by the erstwhile owner in 1987. It is stated that initially the monthly rent of the suit premises was Rs.50/ which was enhanced to Rs.100/ and that the suit was filed only to harass her. Respondents 2 and 3 lived with their mother till they built a bungalow in R.S.No.690/B, Sambhajinagar, hereinafter referred to as the house . The said owner filed the suit, out of which the appeal arises, under Section 13 1 l of the Bombay Rents, Hotels and Lodging House Rates Control Act, 1947 referred to in this judgment as the Act against the respondents for their eviction on the ground that the respondents had built the house and thus have alternate suitable accommodation for their residence. They companytested the suit stating that the first respondent had been in occupation of the suit premises for the last 30 years and that she has numberconcern with the house, built by respondents 2 and 3, which is number a bungalow as alleged by the appellants. The appellants are the legal heirs of the landlord subsequent owner of premises companysisting of one room admeasuring 10 x 10 in City Survey No.2349, E.Ward, District Kolhapur referred to as the suit premises . The trial companyrt found that respondents 2 and 3 had companystructed the house which companyld number be said to be a suitable residence of the first respondent and dismissed the suit on January 1, 1997. On appeal, the IInd Additional District Judge at Kolhapur held that though respondents 2 and 3 had built the house, a two storeyed building companysisting of eight rooms, in which they were residing, yet respondent No.1 companyld be said to have acquired suitable alternative accommodation. This appeal raises an interesting question whether on respondents 2 and 3, sons of the first respondent tenant , building a house the appellants landlords can seek eviction of the first respondent under clause l of Section 13 1 of the Bombay Rents, Hotels and Lodging House Rates Control Act, 1947. Holding that the alternate accommodation stood in the name of respondents 2 and 3 and the companysideration for it was number provided by the first respondent the High Court opined that she companyld number be said to have a suitable alternate residence and accordingly set aside the order of the District Judge by allowing the writ petition on January 27, 1998. Thus, the suit was decreed by allowing the appeal with companyts. SYED SHAH MOHAMMED QUADRI,J. The first respondent challenged the validity of that order of the Appellate Court dated December 20, 1997 in Writ Petition No.167 of 1998 before the High Court. It is against that order of the High Court that the present appeal is filed by special leave.
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2000_1153.txt
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in the Cauvery Basin. From the Judgement and Order dated 5.1.1991 of the Cauvery Water Disputes Tribunal in C.M.P number. On 8.9.1990 C.M.P. By order and in the name of The President of India A. CHITALE SECRETARY, WATER RESOURCES Chairman, The Cauvery Water Disputes Tribunal, New Delhi. REFERENCE In the exercise of the powers companyferred by sub section 1 of Section 5, of the Inter State Water Disputes Act, 1956 33 of 1956 ,the Central Government hereby refers to the Cauvery Water Disputes Tribunal for adjudication, the water disputes regarding the inter State river Cauvery and the river valley thereof, emerging from letter No. During the pendency of above reference the Government of Tamilnadu filed C.M.P. These appeals by grant of special leave are directed against the order of the Cauvery Water Disputes Tribunal dated January 5, 1991. The Government of Tamilnadu filed another emergent petition C.M.P. The Central Government by Notification dated 2.6.1990 companystituted the Cauvery Water Disputes Tribunal and passed the following order of reference No.21/1/90 WD Government of India Bharat Sarkar Ministry of Water Resources Jal Sansadhan Mantralaya New Delhi, 2nd June, 1990. of waters as a first instalment pending final orders on C.M.P. 4 of 1990 praying that the State of Karnataka be directed number to impound or utilise water of Cauvery river beyond the extent impounded or utilised by them as on 31.5.1972, as agreed to by the Chief Ministers of the Basin States and Union Minister for Irrigation and Power. No.5 of 1990 was filed by the Union Territory of Pondicherry seeking an interim order directing the States of Karnataka and Kerala to release the water already agreed to, that is, 9.355 T.M.C. Aggrieved against the aforesaid order of the Tribunal these appeals have been filed by the State of Tamilnadu and the Union Territory of Pondicherry. The Tribunal further held as under The interim reliefs which had been sought for even if the same are companynected with or relevant to the water dispute already referred cannot be companysidered because the disputes in respect of the said matters have number been referred by the Central Government to the Tribunal. The Government of Tamil Nadu filed a companyplaint dated 6th July 1986 on the ground that the interests of the State of Tamil Nadu and of its inhabitants particularly the farmers in the Cauvery Delta had been and is prejudiciously and injuriously affected by the executive action taken and proposed to be taken by the upper riparian State of Karnataka and by the failure of that State to implement the terms of the agreements relating to the use, distribution and companytrol of the waters of river Cauvery. 4 and 9 of 1990 by the Government of Tamil Nadu and CMP No. In case the petitioners of C.M.P. The Tribunal upheld the objection raised on behalf of the State of Karnataka, and State of Kerala and as a result of which by its order dated January 5, 1991 ordered that the Tribunal cannot entertain the applications for the grant interim reliefs and the C.M.P. Nos.4,5 and 9 of 1990 are aggrieved by the companyduct of the State of Karnataka and an emergent situation has arisen, as claimed, they companyld have raised a dispute before the Central Government and in case the central Government was of the opinion that the said dispute companyld number be settled by negotiations, the said dispute companyld also have been referred by the Central Government to the Tribunal. 4 of 1990. No.9 of 1990 to direct the State of karnataka to release at least 20 T.M.C. 5 of 1990 filed by the Union Territory of Pondicherry and dismissed by the Tribunal by a companymon order dated January 5, 1991. The said companyplaint was made to the Central Government under Section 3 of the Inter State Water Dispute Act, 1956 hereinafter referred to as the Act . The above appeals have been filed by the Governments of Tamil Nadu and Union Territory of Pondicherry in respect of Civil Misc. were opposed by the State of Karnataka and the State of Kerala both on merits as well as on a preliminary objection that the Tribunal had numberpower or jurisdiction to entertain these petitions to grant any interim relief. Further, neither there is any averment in these petitions that the dispute related to interim relief cannot be settled by negotiations and that the Central Government has already formed the opinion that it shall be referred to the Tribunal. Thus all the disputes emerging from letter dated 6th July, 1986 had been referred to the Tribunal. 17527/K2/82 110 dated the 6th July, 1986 from the Government of Tamilnadu companyy enclosed . 4, 9 and 5 of 1990. It was having only those powers which have been companyferred on it under the Act and there was numberprovision of law which authorised or companyferred any jurisdiction on the Tribunal to grant any interim relief. 4991 of 1991. The bulk of the existing ayacut in Tamilnadu companycentrated mainly in Thanjavur and Thiruchirappalli districts is already gravely affected in that the cultivation operations are getting long delayed, traditional double crop lands are getting reduced to single crop lands and crops even in the single crop lands are withering and falling for want of adequate wettings at crucial times. It was further prayed that an order be passed restraining the State of Karnatake from undertaking any new projects, dams, reservoirs, canals etc.,
and or from proceeding further with the companystruction of projects, dams, reservoirs, canals etc. S. Vasudevan, M.Veerappa, Mohan Katarki, Atul Chitale, K.H. Chitale, S.S. Javali, A.S. Nambiar, P.S. 303 304, 2036 of 1991. This petition was submitted on the ground that the Samba crop cannot be maintained without additional supplies at Mettur Reservoir. The preliminary objection was based on the ground that the Tribunal companystituted under the Act had limited jurisdiction. Kunhikannan, Mrs. Sushma Suri and A.K,. Poti, C. Shivappa, M.S. Chander Shekharan, Additional Solicitor General, K. Parasaran, F.S. Nobin Singh, T.T. Ganesh, V. Krishnamurthy, P.K. Manohar, Smt. All the above C.M.Ps. Nariman, Dr. Y.S. It had numberinherent power like an ordinary civil companyrt. Srivasatava for the appearing parties. The Judgement of the Court was delivered by KASLIWAL, J., Special Leave granted in S.L.P C No. 4,5 and 9 were held to be number maintainable in law and as such dismissed. Nos. Petition in short M.P Nos. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. during the months September to March. No.
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1991_493.txt
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Answer Two affidavits were filed along with election petition. 1 Whether there was one affidavit or two affidavits filed along with the election petition? Pursuant to this order, admittedly an affidavit was filed by the ELECTION PETITIONER on 31.08.2014. The RETURNED CANDIDATE took a stand that there was number2nd affidavit as alleged by the ELECTION PETITIONER in companypliance with the proviso to Section 83 1 of the RP Act filed along with the election petition. The petitioner has filed the said affidavit along with the election petition which is attached at page number394 and 395 of the election petition and also found mention at serial number57 A in the index filed along with the election petition. Answer Both affidavits were filed on 20 01 2014, the date on which the election petition was filed. By order dated 29.09.2015 in IA No.11665 of 2015, the High Court recorded a finding that the ELECTION PETITIONER filed two affidavits along with the election petition on 20.01.2014 the date on which the election petition was presented to the High Court . Pursuant to the said order, the ELECTION PETITIONER filed I.A. When the appeals were argued before this Court on 20.08.2015, the ELECTION PETITIONER made a submission that two separate affidavits were filed along with the election petition and the High Courts observation supra are based on an erroneous identification of the affidavit. Since the petitioner has also filed affidavit in support of the election petition and has also filed the affidavit in prescribed format, therefore, there is numberdefect in this regard. Admittedly, the election petition and all the annexures thereto were served on the RETURNED CANDIDATE on his appearance in the Court on 18.6.2014. Aggrieved by the same, the RETURNED CANDIDATE filed SLP No.11096 of 2015. Answer The affidavit at page number. Aggrieved by the dismissal of the Review Petition, the RETURNED CANDIDATE filed SLP No.11096 of 2015. Interestingly, in the rejoinder dated 24.12.2014 filed by the RETURNED CANDIDATE to the reply of the ELECTION PETITIONER dated 8.11.2014 in the said Review Petition, the RETURNED CANDIDATE stated as follows Para 4. However, aggrieved by the companyclusion that the affidavit was number in the prescribed Form 25, the ELECTION PETITIONER preferred SLP No.15361 of 2015 on the ground that such a companyclusion came to be recorded on an erroneous identification of the affidavit. The High Court extracted the companytent of an affidavit which according to the ELECTION PETITIONER is an affidavit filed in companypliance with the requirement of Section 83 1 c but number the affidavit in Form 25 and records a companyclusion at para 6 as follows A bare reading of earlier affidavit filed by the petitioner makes it clear that the petitioner had companyered all the pleadings in his affidavit and numberpleading was left which was number mentioned in the affidavit but what was lacking was that the earlier affidavit was number in the prescribed Form No.25 of the Rule 94 A of the Rules of 1961. 2 The actual date when those affidavits were filed? Though, the petitioner respectfully submits that the petition and the affidavit is in proper order but if in the opinion of the companyrt if there is any defect, the election petitioner is willing to cure the same. That, the averments made in the petition were verified by the petitioner as per verification clause submitted an affidavit in support of the petition and filed another affidavit under Form 25 at pages 394 and 395 of the Election Petition and the third affidavit dated 31.8.2014 pursuant to order of the Honble Court dated 25.8.2014. Notice to the respondents in the Election Petition was ordered on 10th February, 2014. The RETURNED CANDIDATE was served1 with the said numberice on 18.6.2014. On 1st July, 2014, the RETURNED CANDIDATE filed I.A. On 20th January, 2014, challenging the declaration of said Ajay Arjun Singh, one of the companytesting candidates Sharadendu Tiwari hereinafter referred to as the ELECTION PETITIONER filed an Election Petition No.1 of 2014 before the High Court of Madhya Pradesh. Aggrieved by the dismissal of OR VII R 11 petition, the RETURNED CANDIDATE filed an application for review I.A. Aggrieved by certain findings recorded by the High Court the details of which will be companysidered later in the order dated 18.3.2015 in the Review Petition, the ELECTION PETITIONER preferred SLP No.15361/2015. Therefore, the RETURNED CANDIDATE filed SLPs No.33933/2014 and 11096/2015 aggrieved by orders dated 25.8.2014 and 18.3.2015 respectively. 394 395 of the election petition is filed in companypliance with the requirement of proviso appended to section 83 1 c of the Representation of People Act, 1951. The said order is the subject matter of challenge in SLP No.31051 of 2015 filed by the RETURNED CANDIDATE. General elections to the legislative assembly of Madhya Pradesh took place in the year 2013. On 8.12.2013, one Shri Ajay Arjun Singh hereinafter referred to as the RETURNED CANDIDATE was declared elected as a member of legislative assembly from 76 Churhat Assembly Constituency in the said election. The election of the RETURNED CANDIDATE was challenged on the grounds that the RETURNED CANDIDATE is guilty of companymission of two companyrupt practices falling under sub sections 1 and 6 of Section 123 of the Representation of the People Act, 1951 hereinafter referred to as the RP Act , i.e. No.43 of 2014 invoking Order VII Rule 11 of CPC hereinafter referred to as OR VII R 11 petition praying that the Election Petition be dismissed on the ground that it does number disclose a cause of action. 3 Whether either of the two affidavits is filed in companypliance with the requirement of section 83 1 c of the Representation of the People Act, 1951? I.A. The said review application was dismissed by order dated 18.03.2015. No.13575/2015 hereinafter referred to as the Review Petition , which was also dismissed by the High Court by an order dated 18.3.2015. The said I.A. In view of the abovementioned imprecise findings recorded by the High Court without any reference to the pleadings or evidence on record and the companytradictory stands taken before this Court by the parties, this Court thought it fit to adjourn the matter in order to enable the parties to seek a clarification regarding the true state of facts whether there was one or two affidavits filed along with the election petition6. The High Court further directed the petitioner is directed to file an affidavit in Form 25 within 15 days from the date of receipt of certified companyy of the order. The said petition was dismissed by order of the High Court dated 25.8.2014. It is rather difficult to understand the order dated 18.03.2015. The cryptic companyclusions recorded in the order dated 18.03.2015 only add to the existing companyfusion. An application for review, clarification or modification of a judgment, decree or final order, passed by a Judge or Judges who or one or more of whom is or are temporarily unavailable and in the opinion of the Chief Justice, the application, looking to the urgency of the matter, cannot wait for such Judge or Judges to resume work or, permanently unavailable, shall be heard 1 if the decree or order, review of which is applied for, was passed by a Judge sitting alone, by the regular division bench. No.11665/2015 seeking clarifications from the Madhya Pradesh High Court. 1 a Save as provided in sub rule 2 , an application for review, clarification or modification of a judgment, decree or final order, passed by a Judge or Judges shall be heard by the same Judge or Judges Provided that such application filed in respect of an interlocutory order in a pending case shall be posted before the regular bench. The Additional Registrar or Deputy Registrar, after examining the petition, shall record his opinion on the opening order sheet in the following Presented on by . The High Court, recorded On the basis of aforesaid discussion, the questions posed by the Supreme Court in order dated 20 08 2015, are answered in the following manner Question No. was disposed of by an order dated 29.9.20157. If yes, whether the impugned order is liable to be set aside on the ground alone? 1 making appeal to the voters in the name of religion and bribery and 2 incurring expenditure in companytravention of Section 77 of the RP Act respectively. 11665/2015 stands disposed of accordingly. Chelameswar, J. 9 The relevant portion of Rule 13 reads as follows 13. There was an unnecessary examination of various authorities of the Supreme Court without first settling the basic facts and identifying the issues. Leave granted. No.
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2016_110.txt
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