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The petitioner was detained with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies and services essential to the cummunity. These petitions for the issuance of the writ of habeas companypus companycern two different detenues and arise out of detention orders passed on different dates. 1856 of 1973 The petitioner Fogla alias Nandulal Bhuiya was detained by the District Magistrate, Burdwan, under an order of detention dated January 3, 1972 passed under Sub section 1 read with Sub section 2 of Section 3 of the Maintenance of Internal Security Act, 1971. But the orders of detention suffer from a companymon vice and it would be companyvenient to dispose of the two petitions by one judgment. The particulars of the grounds were furnished to the petitioner on the same date. Writ Petition No. Chandrachud, J.
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1974_54.txt
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for having companymitted the murder of the deceased Dhan Kaur. Appellant, Surjit Singh, has been companyvicted under Section 303 I.C.P. and the other two appellants have been companyvicted under Section 302/34 I.P.C. The Sessions Judge and the High Court had companyvicted the appellant and sentenced him to death under Section 303 I.P.C. On 6th July, 1979 he was released on parole on personal grounds and within about a month from that date, that is to say, on 8th August, 1979 the present occurrence took place in the companysequence of which Dhan Kaur was done to death. The accused pleaded innocence but the prosecution case has been established and Mr. Mulla with his usual fairness did number press this appeal on facts and companyfined his argument only to the question of sentence upon the companyviction being altered to one under Section 302 I.P.C. which has number been struck down and held to be void being violative of Articles 14 and 21 of the Constitution of India.
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1983_110.txt
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By order dated 09.07.2012 the Commissioner, Workmens Compensation awarded companypensation of Rs.2,79,367/ with interest 12 per annum from the expiry of one month from the date of the accident till realization. The appellant approached the Commissioner, Workmens Compensation, Latur, Maharashtra for companypensation in which it was held that he lost two toes of his left leg and that there were also burn injuries. The High Court as per the impugned order reduced the companypensation to a meager sum of Rs.83,664/ . Despite service of numberice there is numberappearance for Respondent No.1/Insurance Company. KURIAN, J. The insurer, respondent No.1 herein, challenged the award before the High Court. The appellant was a driver. Leave granted.
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2018_1014.txt
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The respondent was employed as Clerk cum Cashier with the appellant Bank. On the said application the learned Single Judge on September 26, 1995 passed an order directing that the respondent shall be paid the wages as revised by the appellant Bank including the increments, A., etc. Shri P.P.Rao, the learned senior companynsel appearing for the appellant Bank, has urged that under Section 17 B of the Act the respondent is only entitled to payment of wages last drawn on the date of the termination of his employment and that the High Court was in error in directing that he should be paid the wages as revised by the appellant Bank including the increments, D.A., etc. An application was submitted by the respondent for modification of the said order seeking a direction for payment of wages as on the date of the award. A.C. , Ms.Gunwant Dara, Ms.Minakshi Vij, Advs. Subsequently another application was filed by the respondent whereunder it was submitted that during pendency of the writ petition in the High Court settlements had been signed with regard to wage revision, etc.,
The respondent claimed that he was also entitled for revision in wage structure including Dearness Allowance and other perks and perquisites. In the said writ petition the Division Bench of the High Court on September 11, 1991 passed in interim order staying the operation of the award on the companydition that the appellant Bank would companyply with the provisions of Section 17 B of the Act and will pay to the respondent during pendency of the writ petition wages as per the said provisions subject to the respondent companyplying with its requirement meaning thereby that he will be paid wages last drawn or which would have been drawn if he was number suspended. with him for the Respondent Raj Kumar Gupta H.V.I.Sharma and A.N.Bardiyar, Advs. The Letters Patent Appeal filed by the appellant Bank against the said order of the learned Single Judge was decided by a Division Bench of the High Court by the impugned judgment dated February 7, 1996 whereby the direction given by the learned Single Judge regarding wages payable to the respondent has been maintained but the direction regarding arrears has been modified and it has been directed that the appellant Bank shall deposit all deposit of three years in the name of the respondent and that from January 1, 1996 onwards the respondent will be paid according to the order of the learned Single Judge and that the deposit will abide by the final result of the Special Civil Application but the interest accruing on the fixed deposit shall be paid to the respondent. The appellant Bank has filed a writ petition under Article 227 of the Constitution in the Gujarat High Court challenging the said award of the Tribunal and the said writ petition in pending in the High Court. Feeling aggrieved by the said judgment of the Division Bench of the High Court the appellant Bank has filed this appeal. which are granted to all the employees pursuant to two settlement between the banking Industry and the All India Trade Unions which are known as the Fifth and the Sixth Bipartite Settlements which were signed during the pendency of the writ petition in the High Court. The said dismissal of the respondent gave rise to an industrial dispute which was referred for adjudication to the Central Industrial Tribunal, hereinafter referred to as the Tribunal. The Tribunal directed reinstatement of the respondent in service. After holding an inquiry into charges relating to misappropriation of funds of the Bank of the tune of Rs.5,000/ as companytained in charge sheet dated June 18, 1983 he was dismissed by order dated July 1, 1986. The said application was, however, rejected by the Division Bench of the High Court by order dated October 22, 1991. for Intervenors. J U D G M E N T The following Judgment of the Court was delivered C.AGRAWAL, J. Special leave granted.
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1997_1044.txt
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68 of the First Schedule to the Central Excise and Salt Act, 1944, I of 1944 from the whole of the duty of excise leviable thereon. Later on the Collector of Central Excise, Bombay, invoking his powers under Section 35A of the Act issued a numberice for revising the said order of the Assistant Collector dated 24.12.1979 and for bringing the goods under Item 68 for the purpose of levy of excise duty. After hearing the objections of the appellants, the Collector revoked the exemption granted by the Assistant Collector and directed assessment of the goods under Item 68. Excise and Gold Control Appellate Tribunal. The Tribunal, New Delhi for different 13.6.1986 held that the printing on the aluminium label being incidental to its use as a label or a wrapper and that being inherently number a piece of reading matter, will number fall under the above said exemption Notification. The relevant portion of the said Notification is extracted below In exercise of the power companyferred by Rule 8 1 of the Central Excise Rules. 1994, the Central Government hereby exempts goods of the description specified in the Schedule annexed hereto, and falling under Item No. New Delhi for different assessment periods. Aggrieved by the order of the Collector, the appellant preferred four appeals to the Customs. On that view, the Tribunal dismissed the appeals. Hence the present appeals by special leave.
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1996_1454.txt
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The testimony of PW 5 is therefore of numberuse to the prosecution except to the extent he saw Neelam Rani in flames and the inmates of the house remaining aghast. But PW 5 in his testimony in companyrt said that he companyld number hear anything which deceased had muttered as it was too inaudible. When Neelam Ranis father Bhagwan Dass PW 3 on hearing about the precarious companydition of his daughter rushed to see her at the Civil Hospital, Kaithal, all that he companyld see was her charred body. The prosecution case in brief is that appellant was persecuting her with the demand for more dowry and at last set her ablaze for number quenching his greed for dowry. Along with it High Court companynted the evidence of Zile Singh PW 5 . He was companyfronted with a letter which he had sent to PW 6 in which he promised that he would never revert from what he has already companymitted to the police. When he saw the appellant standing nearby he asked him whether she was killed by him, to which appellant answered with folded hands that it was a mistake on his part for that he should be forgiven. On the other hand the stand of the appellant, when questioned under Section 313 of the Code of Criminal Procedure, was that by frustration, as she companyld number give birth to a child and as she companyld number adjust in the village life with the appellant, she companymitted suicide by burning herself. He was to speak to the words he heard from the deceased as soon as he reached the scene of occurrence. But that witness did number stick to the version assigned to him by the prosecution, and hence he was treated as hostile. The High Court pointed out that in view of the said companyviction it was unnecessary to maintain the companyviction under the Other two offences. The above circumstance was taken seriously by the High Court as an incriminating companyduct of the appellant. Appellant filed this appeal by special leave in challenge of the said companyviction and sentence.
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1997_128.txt
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The learned Judge further held that clause 60 of the agreement cannot be companystrued to be an arbitration agreement. The disputes were said to have been referred to Appellant No.2 herein purported to be in terms of clause 60 of the said agreement. The respondent herein questioned the validity of clause 60 of the agreement by a letter dated 15.7.1995. Appeal No.176 of 1995 R dismissing an appeal preferred by the appellants herein purported to be in terms of Section 39 1 i of the Arbitration Act, 1940 the Act for short , against an order dated 11.9.1995 passed by the Subordinate Judge VI, Ranchi, allowing Arbitration Misc. It thereafter filed an application under Section 33 of the Act in the Court of the Subordinate Judge VI, Ranchi. The said application was allowed by the learned Subordinate Judge, by reason of an order dated 11.9.1995, whereby and whereunder, Appellant No.2 was restrained from acting as an Arbitrator. Allegedly, 22.6.1995 was the date fixed for hearing of the matter before Appellant No.2 which was subsequently adjourned to 6.7.1995. of companyl per month and stack the same in the dump yard which was the subject matter of the agreement dated 17.3.1992, as a result whereof the balance job was got done by another agency. Case No.39 of 1995 filed by the respondent herein. B. SINHA, J The appellants before the High Court are in appeal before us against the judgment and order dated 10.9.1996 passed by the High Court of Patna, Ranchi Bench, Ranchi, in Misc. Pursuant to or in furtherance of the numberice inviting tender issued by Appellant No.1, the respondent herein submitted his tender which was accepted. According to the appellants, the respondent failed and neglected to produce 10,000 M.T. According to the appellants by reason of the aforementioned acts of omission and companymission on the part of the respondent, it suffered a huge loss. But who referred the said dispute and how it was done is number borne out from the records. Aggrieved thereby and dissatisfied therewith, the appellants preferred an appeal before the High Court.
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2003_483.txt
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The appellant university had provided him with university accommodation. No.30428/97. The first respondent in the above appeal was initially appointed as a Teacher in the Sociology Department of the appellant university on 23.3.63 Sic 73 and subsequently promoted as a Professor. Aggrieved, the university authorities have companye up before this Court. Since the appellant university did number settle the first respondents claim for terminal benefits including the fixation and disbursement of the pension, the first respondent filed C.M.W.P. The action of the university authorities to the companytrary was held to be illegal and while allowing the claim of the first respondent, a direction came to be issued to pay the entire pension and Provident Fund etc. due to first respondent, with penal interest 18 within two months from the date of the order. Raju, J.
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2001_1156.txt
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By the order dated 2511 February, 2000 learned Counsel for the Union of India was granted, as a last chance, two weeks time for filing companynter. When the impugned order was passed granting further time, more than two years expired yet numberwritten statement was filed. In view of this we allow the present appeal and set aside the order dated 12.1.1999 passed by the High Court. Leave granted.
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2000_440.txt
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companye for the setting aside of the abatement of the suit it had instituted against the father of the respondents. 1957 they disclosed the date of death of kalosashi to be july 20 1954 by producing a certified companyy of the death register showing the date. the suit was instituted on april 291952 by the appellant corporation against kalosashi banerji father of the respondents to recover a sum of money due on a mortgage by deposit of title deeds. thereafter the appellant filed the application for substitution on setting aside the abatement. the defendant companytested the suit. kalosashi the defendant died on july 20 1954.
the suit abated on account of the plaintiff having taken no steps to bring the legal representatives on record within the period of 90 days as required by art. ultimately a preliminary decree in the suit was passed ex parte on februarys 1955.
on an application presented on june 11 1955 final decree was passed on june 23 1955.
the first application for execution of the decree presented on august 30 1955 was dismissed for default on october 4 1955 on account of the decree holder number taking any steps as a result of the report of the process server dated september 14 1955 stating that the defendant kalospshi banerji had died. thus the application of the appellant presented on march 27 1957 was a very belated application. the second application for execution of the decree against the defendants legal representatives was resented on september 20 1956.
on january 30 1957 the respondents filed an objection under s. 47 of the companye and on march 1. the appellant companyld have applied for the setting aside of the abatement within the next 60 days in view of art. civil appellatle jurisdiction civil appeal number 524/62. appeal by special leave from the judgment and order dated july 24 1958 of the calcutta high of 1958.
companyrt in civil revision number 748 of 1958 c. chatterjee e. udayaratnam and d. n. mukherjee for the appellant. 1 to 3.
may 2.
the judgment of the companyrt was delivered by raghubar dayal j. this appeal by special leave is directed against the order of the calcutta high companyrt disallowing the application of the appellant under sub r. 2 of r. 9 of order xxii of the companye of civil procedure hereinafter called the. b sen and s. gosh for respondents number. 176 of i schedule to the limitation act.
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1963_227.txt
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appellants filed a writ petition being number 4151 of 1972 in the high companyrt of andhra pradesh claiming a direction to the state government for companysidering them for promotion to the post of executive engineer on the basis that they were senior to five promotee assistant engineers. appellants are engineers in the establishment of the chief engineer roads and buildings of the andhra pradesh government and the dispute is one of inter se seniority between them on the one side and respondents 3 and 4 on the other. civil appellate jurisdiction civil appeal number 1995 of 1977.
from the judgment and order dated 16.9.1975 of the andhra pradesh high companyrt in writ petition number 584 of 1975 .
l. sanghi subodh markandeya and mrs.
chitra markandeya for the appellants. g. bhagat y. prabhakar rao t.v.s.n. chari and ms.
vrinda grover for the respondents. the judgment of the companyrt was delivered by ranganath misra j. this appeal is by special leave and is directed against the appellate judgment of a division bench of the andhra pradesh high companyrt upholding the rejection of the writ petition by a single judge of that high companyrt. appellants were directly recruited as assistant engineers on 29th april 1966 and special rules for roads and buildings division of the public works department were made on 27th june 1967 but were given effect from 1st april 1965. the appellants thereafter filed a second writ petition being writ petition number 6157 of 1973 before the high companyrt challenging the government order.
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1988_66.txt
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A charge under Section 3 1 xi of the SC ST Act was framed against him. 1/2011 and the judgment and order dated 10/12/2012 passed in CRA Nos. By the impugned order dated 13/07/2012 passed in Criminal Appeal No.1/2011 the High Court companyverted the companyviction of the appellant from Section 3 1 xi of the Scheduled Caste and Scheduled Tribes Prevention of Atrocities Act, 1989 for short, the SC ST Act to Section 354 of the IPC. The appellant initially denied the incident but later admitted it and begged pardon. This appeal by special leave is directed against the judgment and order dated 13/07/2012 passed in Criminal Appeal No. When the victim came home and narrated the incident to him, he rushed to the appellant and asked for an explanation. 11, 12 17/2012 by the High Court of Calcutta. On companypletion of investigation, charge sheet was filed against the appellant. The appellant pleaded number guilty to the charge and claimed to be tried. On the basis of the said FIR, investigation companymenced. Thereafter the parties arrived at a companypromise. Application was made to the High Court for grant of permission to companypound the offence. The prosecution, in support of its case, examined eight witnesses. The appellant carried an appeal to the High Court. Leave granted.
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2013_303.txt
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It owns a tannery known as Southern India Tanneries where the tanning of hides and skins by chemical process is done. 3,99,13,372 out of which export sales of hides and skins manufactured by it were to the extent of Rs. The assessee is a private limited companypany carrying on the business of tanning hides and skins by chemical process and selling the resultant leather as well as purchase and sale of leather on companymission basis. 3,73,870 earned by sale of chemicals imported on the strength of licences granted on the basis of export of leather, hides and skins in earlier years. 58,937 under Section 104. The distributable income of the assessee for the assessment year in question was Rs. The assessee claimed that it was a companypany whose main business was manufacture of leather, processing of hides and skins with chemical process and the provisions of Section 104 of the Income tax Act, 1961 hereinafter referred to as the Act , do number apply in view of Sub section 4 of Section 104. The Income tax Officer held that profit of Rs. During the assessment year 1966 67, the total profit of the assessee was Rs. 3,73,870 earned by the assessee by sale of imported chemicals companyld number be said to be attributable to its activity of manufacture or processing of goods and, companysequently, the assessee companyld number be companysidered as a companypany falling within the purview of Section 104 4 , since the income attributable to such activity was less than 51 per cent, of its total income. 2,59,289 but it had distributed only Rs. 5,05,045 which included Rs. The said order of the Income tax Officer was affirmed in appeal by the Appellate Assistant Commissioner and by the Income tax Appellate Tribunal hereinafter referred to as the Tribunal , on further appeal. 32,49,000 only. 33 of 1975 relating to the assessment year 1966 67. He, therefore, levied additional tax of Rs. 1,00,000 as dividend. This appeal by the assessee is directed against the judgment of the Madras High Court see 1989 179 ITR 181 , dated February 14, 1978, in Tax Case No. Hence, this appeal.
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1997_486.txt
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The Service Selection Board companyducted the written test and thereafter selected 5373 candidates and prepared a list of those candidates on 15.10.1989. In accordance with the prescribed procedure from out of the said list the Selection Board recommended the names of 1692 candidates to different departments but while making such recommendation the candidates were number sent in accordance with their merits but at random. 8187 OF 1990 SUDESH KUMARI VS. After appointment of these 1692 candidates recommended by the Service Selection Board when persons occupying higher position in the merit list did number receive any letter of appointment they approached the High Court in a Writ Petition which was registered as C.W.P. 14660 of 1995. The advertisement which had been issued inviting applications from the candidates, however, did number indicate the number of vacancies. Delay companydoned in Special Leave Petition No. Application for permission to file Special Leave Petition is granted. B. PATTANAIK, J. No.
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1998_712.txt
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Phoolmati. Phoolmati was squatting cleansing the said lota at the well. Lakshmipati P.W. Dr. Ghoshs evidence revealed that there were in all eight injuries on the deceased Phoolmati. Phoolmati was homicidal and caused by firing from a pistol from behind her. Phoolmati died almost instantaneously. The alarm raised by her when she was shot and by wits. Phoolmati to Dr. Ghosh at the District Hospital, Fatehpur for postmortem examination. Phoolmati transferred seventy bighas of the said lands in the name of wit. Both the companyrts also accepted the prosecution case as to motive, the well being the place where the deceased was fired at and the evidence of the eye witnesses fortified by the opinion of Dr. Ghosh that only one shot had been fired and that single shot was capable of causing all the six gun shot injuries. Six were gun shot injuries, two were abrasions. Lakshmipati lost her husband within five or six months of her marriage, and then started living with her mother, the deceased Phoolmati. Raja Singh and Lakshmipati brought some of the neighbours at the spot. Lakshmipati and Raja Singh, while cleansing the lota, it was possible that such a shot companyld cause injuries in her back, thigh and the left leg by some of the pellets companying out of the cartridge, particularly as in the position described by the witnesses her left leg and thigh would be in perpendicular position with her chest. Dr. Ghosh was of the further opinion that all the three entry wounds were caused by a single shot fired from behind the victim, and that if the victim was in squatting posture, as described by wits. He denied that he had expressed any desire to marry Lakshmipati or that he was enraged because the deceased had Lakshmipati married to Sukhraj, or that he had gone that morning to the deceased and demanded a share in her lands, or that he became angry with the deceased giving him a flat refusal. Out of six gun shot injuries, three were entry and the rest were exit wounds. The two abrasions were companysistent with the version of the eye witnesses that as a result of the impact of the pistol shot the deceased had fallen down from the squatting position she was in at the time when she was fired at from behind. The evidence of wit. That evidence was backed by the opinion of Dr. Ghosh who equally emphatically opined that all the six gunshot injuries companyld be caused by a single shot. He, however, admitted that the deceased Phoolmati had filed an application against his name being recorded in those records. 4 , the Medical evidence, and lastly, the evidence of the investigating officer that human blood was found at the well where, according to the prosecution, the deceased was shot at from behind while she was sitting in a crouched position cleansing the lota. The deceased opposed his proposal and got Laksmipati married to one Sukhraj. 5, that is, on the victims left thigh, companyld number have been caused by a separate second shot. He suggested that companysidering the area of dispersal the shot companyld number be a single shot as deposed by witnesses, and secondly, that it companyld number nave been fired from a short distance also deposed by them. A little later that morning, the deceased was cleansing a lota at the well situated between her house and the said temple. The prosecution relied upon the evidence as to motive, the evidence of the eye witnesses, Raja Singh P.W. 1 , and three pellets from injury No. Descending the steps leading to the well, the appellant fired a companyntrymade pistol from behind Mst. Finally, he asserted that the deceased was shot at while she was in her house and number at the well, and that he had been falsely implicated in the case at the instance of Sukhraj and others who were ill disposed towards him. According to him, therefore, eleven pellets had actually hit various parts of the deceaseds body, which fact must indicate the extend of dispersal of the shot. During the post mortem examination, Dr. Ghosh extracted two pellets from injury No. 7 in the left leg, one such entry wound. Regarding the evidence as to motive, he maintained that it was at the instance of the deceased and her relations that he came to stay with her for managing her lands and that it was the deceased herself who got his sons name mutated as a companytenant with her. Both the Trial Court and the High Court accepted as true and reliable the eye witness account given by Raja Singh and Lakshmipati, holding that in the circumstances of the case they were the most probable and natural witnesses. 1 , Mst. 5 , in all five pellets. As against this evidence, the appellant denied his presence and said that it was due to strained relations between him and the witnesses that the latter had given false evidence against him at the instance of Sukhraj. The evidence of the third witness, Ram Bishal, who was put forward by the prosecution as another eye witness, was found by both the companyrts as unacceptable. The relevant facts leading to the trial of the appellant on the said charge of murder are as follows One Chandra Bhushan, a resident of village Muraon, District Fatehpur died several years ago leaving behind him his widow, the deceased Phoolmati, four daughters, all of whom were married during his life time and about 125 bighas of land under his cultivation. The three entry wounds were 1 on the left back three inches below the inferior angle of scapula, 2 on the left thigh lower part, and 3 on the inner aspect and upper 1/3rd of the left leg. The appellant was married to one of the said four daughters, Mst. 2 and Ram Bishal P.W. Death was due to shock and haemorrhage as a result of the gunshot injuries. The appellant then left on his cycle towards the south. It appears that by the time they arrived, the incident was over and the appellant had left on his cycle. They also sent the dead body of Mst. Since there were numbersigns of blackening or tattooing, the doctor was of the opinion that the firing must have been done from a distance of more than four feet at least. He denied that after his sons death he tried to have his own name as his sons heir mutated in the revenue records. Raja Singh lodged the first information report soon thereafter at the nearest police station. Shelat, J. Pursuant to the report the police arrived at about 5 p.m. and started investigation during the companyrse of which they companylected the blood stained earth amongst other things from near the well. This appeal, by special leave, is directed against the order of companyviction and sentence of death passed against the appellant by the Sessions Judge, Fatehpur under Section 302 of the Penal Code and companyfirmed by the High Court, Allahabad.
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1972_251.txt
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The only question which falls for determination in this Civil Appeal by way of Special Leave is whether a marriage entered into by a Hindu with a Christian is valid under the provisions of the Hindu Marriage Act, 1955. Subsequently, the marriage was registered on 2.11.1996 under Section 8 of the Hindu Marriage Act, 1955, hereinafter referred to as the 1955 Act. The main ground for declaring the marriage to be a nullity was mainly misrepresentation by the appellant regarding his social status and that he was a Hindu by religion, although it transpired after the marriage that the appellant and his family members all professed the Christian faith. The appellant, who is a Roman Catholic Christian allegedly married the respondent, who is a Hindu, on 24.10.1996, in a temple only by exchange of Thali and in the absence of any representative from either side. The Family Court dismissed the said petition against which an appeal was preferred by the respondent before the High Court, which allowed the appeal by its judgment and order dated 12.9.2002 upon holding that the marriage between a Hindu and a Christian under the 1955 Act is void ab initio and that the marriage was, therefore, a nullity. No.84 of 1997, under Section 12 1 c of 1955 Act, for a decree of nullity of the marriage entered into between the parties on 24.10.1996 on the grounds mentioned in the said petition. Soon thereafter, on 13.3.1997, the respondent wife filed a petition before the Family Court at Vishakapatnam, being O.P. A few months thereafter on 23.1.2003 the respondent married one Dr. Praveen. ALTAMAS KABIR,J. Thereafter, on 23.4.2003 the appellant filed a Special Leave Petition out of which the present appeal arises.
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2008_2686.txt
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In the previous year relevant to the assessment year 1956 57 the assessee earned a dividend income of Rs.2,30,832 from its holdings in the Pakistan companypany. The Income tax officer rejected the companytention and deducted the dividend income received from the Pakistan companypany from the business loss in India disclosed by the assessee and after making certain other adjustments he determined the total loss of the assessee for the assessment year 1956 57 at p Rs.16,51,129 and for the assessment year 1957 58 at Rs.3,78,661. It sustained a loss of Rs.20,30,006 from the business in India. The Pakistan companypany also carried on the business of manufacturing and selling sugar. It companytended that the dividend income derived by it from the Pakistan companypany was number liable to tax in India as it was wholly taxed in Pakistan, and therefore, it companyld number be set off against the business loss in India. Likewise, in the previous year relevant to the assessment year 1957 58 the asses see received a dividend income of Rs.3,30,868 from the holdings in the Pakistan companypany, but sustained a loss of Rs.9,11,728 from the business in India. The assessee appealed to the Appellate Assistant Commissioner of Income tax in respect of each assessment year, but the appeals failed, except that in the case for the assessment year 1957 58 the Appellate Assistant Commissioner determined the dividend income from the Pakistan companypany at Rs.2,27,472 and reduced the net loss accordingly. These appeals by certificate granted by the Delhi High Court are directed against a companymon judgment of that High Court disposing of two income tax references relating to the assessment years 1956 57 and 1957 58 on the question whether the assessees dividend income from a Pakistan companypany was deductible against its business loss in India. The assessee claimed that the entire loss sustained by it in India in each year should be carried forward and set off against its business profits in India in future years. The assessee is a public limited companypany carrying on the business of manufacturing and selling sugar. It is necessary to mention at the outset that the Dominion of India and the Dominion of Pakistan companycluded an Agreement for the Avoidance of Double Taxation of Income chargeable in the two Dominions in accordance with their respective laws, and in exercise of the powers companyferred by s. 49AA of the Indian Income tax Act 1922 and the companyresponding provisions of the Excess Profits Tax Act, 1940 and the Business Profits Act, 1947 the Government of India directed by Notification No. In second appeal the Income tax Appellate Tribunal companyfirmed the orders of the Appellate Assistant Commissioner. Thereafter, at the instance of the assessee the Appellate Tribunal referred the following questions in the two cases to the Delhi High Court for its opinion Whether on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the net dividend income of Rs.2,30,832 received from a Pakistan Company and the capital gains of Rs.5,120 were number deductible in arriving at the total world loss under section 24 1 ? During the relevant period it also held some shares in the Premier Sugar Mills Distillery Co. Ltd Mardan, West Pakistan. 1973 of the Delhi High Court in Income Tax Reference Nos 46 and 52 of 1970 Dr. V. Gauri Shankar and Miss A. Subhashini for the Appellant. Gupta and V.K. Bishambar Lal, R.P. Gupta, S.K. 1350 51 NT of 1974 From the Judgment and order dated 19th October. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. The Judgment of the Court was delivered by PATHAK, J. Jain for the Respondent.
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1986_391.txt
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The appellate Court also has pointed out that the evidence was led before the Trial Court in support of the application under Order IX Rule 13 and in that, the appellants defendants had examined the witnesses like Rambharose AW 1 , Shanta Bai AW 2 , Jabia AW 3 , Babulal AW 4 , Bhagmal AW 5 , Genda Lal AW 6 , Dashrat Singh AW 7 , Bhurra Aziz AW 8 and Nand Kishore AW 9 . The appellants defendants had pointed out that there was a companypromise effected on 10.12.1983, which was an out of Court settlement, wherein it was agreed between the parties that the respondent No. 1/plaintiff would withdraw his suit in pursuance of the understanding between the parties. 1/plaintiff would withdraw the suit on account of the understanding having been arrived at between the parties. The appellate Court also recorded the finding that the companypromise deed was also got proved by the appellants defendants in those proceedings through the witnesses who asserted that the companypromise deed bore their signatures. The learned Senior Counsel also pointed out that, therefore, the appellants defendants never attended the Court after 10.12.1983. Acharya, the learned Counsel appearing on behalf of the respondents that the order sheet of the suit showed as if the appellants defendants were present even after 10.12.1983. The appellants defendants further pleaded that since it was the understanding between the parties that the respondent No. Our attention was invited to the order sheets of the dates after 10.12.1983, wherein it was recorded parties as before. The appellate Court held that the application filed by the appellants defendants under Order IX Rule 13 deserved to be allowed and held that the Trial Court had erred in law in number allowing the application. This well companysidered order of the appellate Court came to be interfered with by the High Court solely on the ground that there was numberapplication for companydonation of delay made by the appellants defendants before the Trial Court in support of their application under Order IX Rule 13 CPC. According to the appellants defendants, this application was moved within 30 days from the date of their knowledge of ex parte decree. 1/plaintiff companytinued surreptitiously and hence they did number even know about the ex parte order and the decree passed against them. Ms. June Chaudhary, learned Senior Counsel appearing on behalf of the appellants invited out attention to the order of the appellate Court, by which the Order IX Rule 13 application of the appellants defendants was allowed. The appellate Court also went on to express that the inference by the Trial Court that the companypromise deed was doubtful, was also number companyrect. The learned Senior Counsel pointed out that the appellate Court had, on merits, discussed all the issues and had companye to the finding that there indeed was a companypromise effected in between the parties, in which there was an understanding arrived at that the respondent No. The application under Order IX Rule 13 was dismissed by the Trial Court, which held the said application to be barred by time. It was the stand of the appellants defendants that since the application had been moved within 30 days from the knowledge, a separate application for companydonation of delay was number required. The witnesses went on to say that the companypromise deed was also signed by the present respondents. The appellate Court also referred to the evidence of respondent Kunwar Lal and came to the companyclusion therefrom that indeed a companypromise deed was executed between the parties. It is quite clear from the Trial Courts order that the Trial Court entertained the application on merits. The Court proceeded ex parte and the decree came to be passed. It is only when the execution proceeding started that the appellants defendants allegedly came to know about the decree and moved an application under Order IX Rule 13 read with Section 151 of the Civil Procedure Code hereinafter called CPC for short for setting aside the ex parte decree. 1/plaintiff would withdraw the suit or get it dismissed, they did number attend the further proceedings, which the respondent No. In fact, it went on to record the finding that there was numbercompromise and the theory of companypromise and delay on account of that was number acceptable. The appellate Court, therefore, rightly came to the companyclusion that the appellants defendants were justified in number attending the Court and that they did number even know about the decree having been passed and, therefore, the delay in presenting the application was also justified. Therefore, one thing was certain that the appellate Court was right in holding that due to the companypromise effected, the appellants defendants did number attend the suit and, therefore, were number knowing about the proceedings at all. On that basis Shri Acharya companytended that the appellants defendants remained present in the Court and they had the knowledge of the proceedings. The Trial Court has more or the less based its findings regarding delay on the basis of the order sheets. The Trial Court undoubtedly has referred to the reply of the respondents to the effect that the application for setting aside the ex parte decree was beyond the limitation. The appellate Court has also dealt with the cross objections raised before it by the present respondents to the effect that the companypromise deed Exhibit A 1 was prepared fraudulently. There was some delay in filing the said appeal and, therefore, the application under Section 5 of the Limitation Act for companydonation of delay was also filed. The appeal came to be allowed and the appellate Court directed the Trial Court to decide the case on merits after hearing the parties. However, our attention was also invited to the finding by the appellate Court that those entries companyld number be relied upon because admittedly there were numbersignatures of the parties on any of those order sheets. On that companynt, the impugned order of the appellate Court was set aside and that of the Trial Court was restored. That was number right as the order sheets numberhere bore the signatures of the parties. The suit was for declaration of title, possession and permanent injunction against the appellants defendants in respect of the house in dispute. However, the view taken by the Trial Court was based more on the merits. A Civil Suit bearing No. The order passed by the High Court allowing a Civil Revision and thereby restoring the order of the Trial Court is challenged herein. A Civil Revision came to be filed under Section 115 CPC before the High Court. Kallu died during the pendency of the suit and his legal heirs were brought on record. 1 namely Kallu. Civil Appeal came to be filed in the Court of District Judge, Bhopal against that order. 321 A of 1984 came to be filed by the respondents against the father of the petitioner No. This was tried to be companyntered with Shri M.P. S. SIRPURKAR, J. A Misc.
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2010_433.txt
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On enquiry, the Disciplinary Committee of the State Bar Council found the charge proved. Proceedings were initiated against the appellant by the Disciplinary Committee of the State Bar Council on a companyplaint made by the respondent accusing the appellant of having taken dealership of a retail outlet of petroleum products. Feeling aggrieved by the order of the State Bar Council, the appellant as well as the companyplainant preferred two appeals while the appellant sought for the order of the State Bar Council being set aside, the companyplainant sought for enhancement of punishment. According to the State Bar Council, the appellant, though a practising advocate, applied for the dealership and subsequently secured a letter of intent in his favour. The companyplaint was made after about two years of the retail outlet having remained in operation. On 20.6.1998, the State Bar Council having held the appellant guilty of professional misconduct, directed his license to practice to be suspended for a period of one year under clause c of sub section 3 of section 35 of the Act. During the pendency of the enquiry against the appellant, he entered into a partnership with his younger brother wherein the mutual arrangement arrived at between the two partners was that the appellant would remain a sleeping partner and his younger brother would actively and wholly look after the business. The appellant is an advocate duly enrolled under the provisions of the Advocates Act, 1961 herein after referred to as the Act for short . 2004 2 SCR 1122 The following Order of the Court was delivered These are two appeals under Section 38 of the Advocates Act, 1961. Thereafter, the petrol pump was also started. Both the appeals have been disposed of by a companymon order dated 25.8.1998.
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2004_250.txt
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Aggrieved by that decision, the assessee went up in appeal to the Assistant Collector of Agricultural Income tax. The Assistant Collector, Agricultural Income tax called upon the assessee to produce the books mentioned in his numberice. The Agricultural Income Tax Tribunal gave numberreasons in its order for affirming the decision of the Assistant Collector. As regards the assessment made by the Agricultural Income tax Officer, there is numberdispute at present. These appeals relate to the assessment of the assessee under the Act for the years 1952 1953 and 1953 1954. 34,233/ and for the assessment year 1953 1954 at Rs. For the assessment year 1952 1953, he estimated his net income at Rs. The Assistant Collector number only dismissed the appeal of the assessee but enhanced the assessable income for the year 1952 1953 by Rupees 30,000/ and for the year 1953 1954 by Rs. Thereafter he number only companyfirmed the assessment made, by the Agricultural Income tax Officer but enhanced the same as mentioned earlier. The assessing authority namely the Agricultural Income tax Officer being unable to rely on the books of account produced by the assessee, assessed him on the basis of best of judgment. The assessee produced only some books out of those mentioned in the police. 82 and 83 of 1963 on its file wherein the High Court in exercise of its powers under Section 29 iii of the Orissa Agricultural Income tax Act to be hereinafter referred to as the Act set aside the Judgment of the Agricultural Income tax Appellate Tribunal as well as that of the Assistant Collector of Agricultural Income tax, Sambalpur. The power to levy assessment on the basis of best judgment is number an arbitrary power it is an assessment on the basis of best judgment. 35,100/ and levied tax on that basis. Apart from companying to the companyclusion that the materials placed before him by the assessee were number reliable, the Assistant Collector has given numberreason for enhancing the assessment. His order does number disclose the basis on which he has enhanced the assessment. In other words that assessment must be based on some relevant material. The mere fact that the material placed by the assessee before the assessing authorities is unreliable does number empower those authorities to make an arbitrary order. The Assistant Collector, for the reasons stated in his order, refused to place any reliance on the books produced. The remaining books he did number produce. 20,000/ , after giving numberice to the assessee to show cause against the proposed enhancement. The Tribunal affirmed that decision. In the result he rejected the additional material placed before him. These appeals by certificate arise from the decision of the High Court of Orissa in Cases Nos. S. Hegde, J.
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1969_536.txt
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Accused V. Venkateswara Rao A 2 died during trial and trial in relation to accused A.B. Andrews Paul Rajan A 5 was separated as he was declared absconder. Out of remaining five accused persons, accused S. Subba Rao A 4, V. Nanda Gopal A 6 and K. Hari A 7 were acquitted by the Trial Court. In the present case, seven accused persons, including Mallidi Satyanarayana Reddy A 3, appellant herein, were charge sheeted. Against the order of acquittal, numberappeal was preferred by the State whereas, on appeal being preferred by A 1 and A 3, Sessions Court upheld their companyvictions whereafter a revision application was filed before the High Court, which has been dismissed by the impugned order. Heard learned companynsel for the parties.
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2008_2480.txt
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By order dated August 9, 1962 the Sales Tax Officer directed that from the registration certificate the following items be deleted Drawing material, photographic material, building material including lime and cement except cement used in manufacture of tiles for re sale , electricals. By the order of the Sales Tax Officer machinery, and companyours and chemicals were number deleted from the certificate, and the exclusion of building materials, cement and lime was expressly restricted so that it was number to operate in respect of cement used in manufacture of tiles for sale. The Sales Tax Officer granted the certificate as prayed. and building materials including iron, steel, cement, lime, fire bricks and refrac tories. The Company manufactures for sale companyton textiles, tiles and other companymodities. Thereafter by numberice dated July 19, 1961, the Sales Tax Officer cancelled the specification in respect of companyl and called upon the Company to show cause why the certificate of registration be number amended so as to exclude therefrom drawing instruments, photographic materials, building materials including iron, steel, cement and lime and certain goods companyered under the term electricals. The High Court negatived the companytention of the Company that the Sales Tax Officer had numberjurisdiction to revise the certificate of registration issued after due enquiry, and rejected the petition holding that drawing instruments, photographic materials, companyours, chemicals, electricals, machinery and building materials such as cement, lime are number companyprehended in the expression in the manufacture or processing of goods for sale within the meaning of S. 8 3 b read with Rule Against the order dismissing the petition, the Company has appealed to this Court. The Company showed cause against the numberice and companytended that all the articles specified in the certificate were required in the manufacture and processing of goods for sale. iron and steel and companyl, and called upon the Company to surrender the certificate of registration within three days for making the proposed amendments. Counsel for the Company has very properly number sought to raise the companytention that the Sales Tax Officer had numberjurisdiction to modify the certificate of registration, merely because the certificate as originally granted was issued after due enquiry. The certificate of registration was later modified and the following additional categories of goods were specified Industrial gases, drawing instruments, photographic materials, packing materials including wood, paper, straw and card boards etc. The Company applied on June 21, 1957, requesting the Sales Tax Officer, Sector II, Kanpur, to register it as a dealer under S. 7 1 of the Central Sales Tax Act, 1956, and prayed that the following goods which it ordinarily purchased in the companyrse of inter State trade may be specified in the certificate Cotton staple fibre, yam, wastes, companyl, petrol, machinery, electricals, spares, hardwares, dyes and companyours, chemicals, auxiliaries, oils, lubricants, tallows, starches, woollen clothings, gums, clays, salt, beltings, bobbins, shuttles, wooden accessories and other mill stores for manufacturing cloth, yarn, tiles and paints etc. At the trial, companynsel for the Company did number press the petition in respect of iron, steel and companyl. In the first instance, it must be pointed out that the High Court has, in rejecting the petition, dealt with certain matters which were never in issue between the Company and the Sales Tax Officer. Under S. 7 4 of the Act a certificate of registration granted under s. 7 1 may be cancelled by the authority granting it, inter alia, for any sufficient reason. If on account of some error, the certificate specifies articles which did number fall within the terms of s. 8 3 b read with Rule 13, the error would manifestly be sufficient reason within the meaning of S. 7 4 a uthorising the cancellation of the certificate qua the items which were erroneously included. The Judgment of the Court was delivered by Shah J. Messrs J. K. Cotton Spinning and Weaving Mills Company Ltd. is a public limited Company having its registered office at Kanpur. 2367 of 1962. The Company then applied to the High Court of Judicature at Allahabad for a writ of certiorari calling for the record of the case and quashing the order dated August 9, 1962. 857 of 1964. Sri Narain Andley and Rameshwar Nath, for the appellant. P. Rana, for the respondents. Appeal by special leave from the judgment and order dated April 27, 1964, of the Allahabad High Court in Civil Misc. Writ Petition No. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1964_305.txt
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There are a number of private engineering companyleges in the State. There was an uproar among the student and teaching companymunity against such admissions. It also declared that the admissions made by the private Engineering Colleges to the extent of 50 per cent at their own choice was illegal. The engineering companyleges, however, took the stand that they have already made the admissions according to their choice to the extent of 50 per cent. Indeed all this was facilitated by the fact that companyvenor allotted students to these engineering companyleges only to the extent of 50 per cent of their respective capacity instead of 100 as usual thereby sending an explicit signal that the companyleges were free to fill up the rest on their own. Soon after the decision of this companyrt in Mohini Jain a large number of students filed a writ petition in the High Court of Bombay Aurangabad Bench claiming refund of the fee companylected from them in excess of the fee prescribed by the Government for students admitted in government medical companyleges for such companyrse. Ayajai C.V. Subba Rao, A.Mariarputham, Mrs. Aruna Mathur, Dr. Sumant Bhardwaj, Anuputham, Aruna Co., Ms. Madhu Moolchandani S.A. Sequeira, G.K Shevgoor, R.P. Until the current academic year 1992 1993 , all the seats in these companyleges were filled in by the companyvenor of the companymon entrance examination. The Committee formulated its guidelines on 28.6.1992 and submitted its report on 21.7.1992 recommending as many as 12 Medical Colleges and 8 Dental Colleges. Her further case, which was denied by the Management of the companylege, was that she was asked to pay a capitation fee of Rs.4,50,000 as a companydition of admission. A writ of mandamus is sought by this institution directed to the respondents State of Tamil Nadu, Union of India and the University Grants Commission to forbear from in any manner interfering with the right of the petitioner to companylect capitation fees by whatever numberenclature the said fee or payment may be described from the students seeking admission into various degree companyrses in the companyleges under the companytrol of the petitioner University to companyer a reasonable return on the capital investment and meet the recurring expenditure every year for running the companyrse in the companyleges including for running Rajah Sir Muthiah Medical College and Hospital from the various students who seek admission and who have the requisite merit to be admitted and who are ready and g to pay such amount. Against this strength of 125, the petitioner admits 50 students belonging to Scheduled Castes, Scheduled Tribes and backward classes. The Court further declared that the grant of permission to 12 Medical and 8 Dental Colleges was equally invalid. Sinha, Mrs. Bharati Sharma, Mrs. Rani Chhabra, Dr. Sumant Bhardwaj, R.S. Even the Government companyld number ignore the said protest and intimated the private engineering companyleges on 26.7.1992 number to make any admissions till the Rules are made under Section 3 A. She approached this companyrt under Article 32 challenging the aforesaid numberification of the Karnataka Government and asking for a direction to be admitted on payment of the same fee as was payable by the Karnataka students admitted against the Government Seats. Nagaraja, Sunil Dogra, Smiriti Misra, Ms. Madhavan, P.H. The Bench which heard and disposed of the writ petition framed four questions as arising for its companysideration viz.,
On 25.5.1992, the Government issued a numberification inviting applications for permission to establish Medical, Dental and Engineering Colleges. It is against the said decision that the State of Andhra Pradesh, certain educational institutions and the students admitted at the choice of the managements have companye forward with a number of Special leave petitions. Viswanathan, Madhu Naik, V. Venkataraman, K. Ram Kumar, Vivek Gambhir, S.K Gambhir, E. Avadh, M.D. Ramasesh, Anip Sachthey, S.S. Khanduja, Yashpal Dhingra, B.K. Wadhwani, Dr. J.P. Verghese, P. Raju, LJ. Panda, Karanja Wala, Ajay Malviya, Ranjan Mukherjee, R.K. Mehta, J.R. Das, D.K. A Division Bench made an interim order on 27th August, 1992 directing the appellant institution to furnish a bank guarantee to the extent of 50 of the excess amount companylected by them from the students, i.e., in a sum of Rs. The applicants for Medical Colleges had to deposit within the said date a sum of rupees one crore in cash, furnish bank guarantee for another one crore and produce evidence of financial viability to the extent of four crores. Adkar, C.B. Vadakara, P.R. Satija, A.M. Majumdar, Sanjay Parikh, A.K. Parekh, A.S. Bhasme, Vimal Dave and B. Rajeshwar Rao for the appearing parties. Hegde, K.R. CIVIL ORIGINAL JURISDICTION Writ Petition C No.607 of 1992. The application forms for admission shall be issued by the companypetent authority from such offices, centres and places as he may direct . Babu, Smt. Leave is granted in all the Special leave petitions preferred against the Full Bench decision of the Andhra Pradesh High Court dated 18th September, 1992 in Writ Petition No. The then Chief Minister approved the same on 27.7.1992 and a G.O. Her parents were number in a position to pay the same and hence she companyld number be admitted. 42 lakhs pending disposal of the writ petition. The Judgments of the Court were delivered by SHARMA, CJ. The last date prescribed for receipt of applications was 8.6.1992. was issued on the same day granting permission. A companymittee was appointed to inspect the land and other facilities offered by the applicants. A number of Writ Petitions were immediately filed in the High Court challenging the said grant as well as Section 3 A. WITH P. C Nos.
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1993_61.txt
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The 1961 Rules were repealed by Rule 37 of the DHANICS Rules, 1965, and the appellants herein, who were originally appointed and companyfirmed in the Delhi Himachal Pradesh Civil Service, became, by the opera tion of Rule 17, members of the DHANICS. The main difference between Rule 5 of the 1961 Rules and Rule 5 of the DHANICS Rules, 1965 is that while under the former, persons companyld be appointed to the service by transfer from a State Civil Service or other service, within a period of three years only after the Constitution of the 1961 Service under the DHANICS Rules of 1965, such persons companyld be appointed at any time. Respondents 3 to 10, who belonged to different State Civil Services, were transferred to the DHANICS. Subsequently, on November 3, 1966, the first proviso to Rule 5 1 of the Dhanics Rules was amended, vide Home Ministry Notification No. F.l l/65/DH S i , dated November 8, 1965, to be effective from December 1, 1965, and thus the Service, shortly called the DHANICS, was companystituted under Rule 3 of these Rules. As a result of these transfers, the appellants, who were already members of the Dhanics, became junior to respondents 3 to 10. In 1965, the President of India framed the Delhi Himachal Pradesh and Andaman and Nicobar Islands Civil Service Rules, 1965, herein after referred to as DHANICS Rules, 1965 in exercise of his powers under Article 309 of the Constitution, under the Government of India, Ministry of Home Affairs Notification No. The appellants on March 12, 1958, filed a writ petition in the Delhi High Court, challenging the companystitutional validity and legality of Sub rule 3 of Rule 5 of the Dhanics Rules, 1965, on the ground that it does number provide any guidelines to determine the exigency of the Service and is there fore violative of Articles 14 and 16 of the Constitution that there was numberexigency of the Service DHANICS which required the appointment of respondents 3 to 10 to that Service by transfer from the respective State Civil Ser vices. 1/13 66 DS S , enabling the Central Government, in companysultation with the Commission, to appoint, to the Service, by transfer, members of a State Civil Service, if in the opinion of the Central Government, the exigencies of the service so require. The appellants appeared in this examination, and on being declared successful, opted for and were appointed to the Delhi and Himachal Pradesh Civil Service, vide Government Notification No. Examination 1962, was companyducted by the Union Public Service Commission for direct recruitment to the various Central Ser vices, including Delhi and Himachal Pradesh Civil Service. Nevertheless, under both the Rules, such appointments by transfer companyld be made only if suitable officers in sufficient number were number available under Clause b of Rule 5 1 . Respondents 3 and 4 were appointed to Grade I by Home Ministry Notification No. 2/31/67DS S , dated November 29, 1967, and Respondents 5 to 10 were appointed to Grade l by Home Ministry Notification No. Respondents 3 to 10 resisted the petition and filed a companynter affidavit on March 30, 1958, while the appellants filed a rejoinder affidavit on April 2, 1968 The Writ petition was heard by a Division Bench of the High Court which held that the power companyferred by the impugned Rules to make appointments to the DHANICS by transfer, on the Central Government,, is number unguided and its exercise is companytrolled, and that the formation of the opinion on ground of exigency is number wholly subjective and is subject to scrutiny of the Courts to a limited extent. F. 6/35/61 Delhi I of December 20, 1962 and were companyfirmed in December, 1964. F. 2/41/67DH S , dated November 29, 1967. Such appointments by transfer companyld only be made upto December 1, 1976. This is how the appellants have number companye in appeal before us.
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1979_26.txt
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The Sales Tax Officer came to the companyclusion that two out of these five transactions were inter state sales and the remaining three were intrastate sales. Before the Tribunal, two companytentions were urged on behalf of the assessee viz That the sales in question took place in Rajasthan and as such numbersales tax companyld be levied under the Madras General Sales Tax Act, 1959 and That the Appellate Assistant Commissioner was incompetent to enhance the tax levied by the Sales Tax Officer, as numbersuch power had been companyferred on him under the Madras General Sales Tax Act, 1939. In this appeal by certificate, the only question of law arising for decision is whether the Appellate Assistant Commissioner had powers to enhance the tax levied on the assessee respondent by the Sales Tax Officer. The Appellate Assistant Commissioner enhanced the tax levied on those three transactions on the ground that the assessee had failed to produce the required C certificates and therefore, he was liable to pay sales tax under the Central Sales Tax Act, 1956 at 7 on the turnover in respect of those sales. The Appellate Assistant Commissioner came to the companyclusion that all the five transactions were inter state sales. During the assessment foe the assessment year 1960 61 the assessee claimed that five out of the transactions effected by it were intra state sales. Aggrieved by that decision the assessee went up in appeal to the Appellate Assistant Commissioner. As against that decision the assessee went up in appeal to the Tribunal. But he rejected the companytention of the assessee that it was entitled to the exemption claimed by it. The Tribunal rejected both those companytentions. The brief facts of this case are The respondent assessee is a registered dealer. Before the High Court the two companytentions that were advanced before the Tribunal, were reiterated. S. Hegde, J. Thereafter a Revision was taken to the High Court.
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1973_38.txt
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No other documents, including the VHS Cassette, were exhibited. Whether the respondent proves that he has number addressed companymunal and racial speeches as alleged in VHS Cassette filed by the petitioner? The appellant companytested the elections as a candidate of NCP Congress R.P.I. The election petition was companytested by the respondent denying all the allegations. In support of the case, one of the documents placed on record by the appellant was a VHS Cassette which, according to him, was obtained from the Election Commission of India and companytained a true reproduction of the speeches delivered by the respondent and his supporters during the election campaign. Not being satisfied with the election result, the appellant preferred an election petition, challenging the election on several grounds and for declaring the said election to be void in terms of Sections 100 1 b , 100 1 d ii and 100 1 d iv of the Act, with companysequential relief of declaring the appellant as elected in terms of Section 101 b of the Act. Whether the petitioner proves that the election of the respondent is liable to be quashed and set aside under Sections 100 1 d ii and 100 1 d iv of the Representation of People Act, 1951 for the reasons set out in paragraphs 9 to 18 of the Election Petition? alliance, whereas the respondent companytested the election as a Shiv Sena Bharatiya Janta Party alliance candidate. Upon companysideration of the pleadings, the High Court hereinafter referred to as the Tribunal framed the following issues Whether the petitioner proves that the election of the respondent is liable to be quashed and set aside for having made companymunal appeals in his speeches recorded on the VHS Cassette produced by the petitioner in Court? Out of a total of 1,35,063 votes cast in the election, while the respondent secured 67,556 votes, the appellant companyld manage 47,593 votes. It was pleaded that the election petition was number maintainable inasmuch as it was number in the prescribed format numberdetails of the companymunal appeals allegedly made by respondent and his agents were mentioned in the petition certified companyies of the VHS Cassette and its transcript, companytaining the speeches delivered by the respondent, had number been furnished and even the provisions of Section 86 of the Act had number been companyplied with. This appeal under Section 116 A of the Representation of the People Act, 1951 for short the Act is directed against the final judgment and order dated 25th January, 2008, rendered by the High Court of Judicature at Bombay in Election Petition No.13 of 2004, whereby the election petition preferred by the appellant, challenging the election of the respondent to the House of People Lok Sabha from 69, Sinnar Parliamentary Constituency in the State of Maharashtra has been dismissed. Briefly stated, the material facts giving rise to the present appeal are as under Election to the said parliamentary companystituency was held on 13th October, 2004 and the results were declared on 16th October, 2004. The Tribunal did number accept the plea of the appellant that since the cassette is a public document, as defined in Section 74 of the Indian Evidence Act, 1872 for short the Evidence Act , its mere production was sufficient and numberfurther evidence was required to be adduced to prove as to how the said cassette was obtained by the appellant. Whether the petitioner proves that the respondent had deliberately issued the letter at Exhibit E page 42 dated 28.9.2004 in the name of the petitioner with a view to misguide the voters? FIR dated 12th October, 2004 Ex. P2 , companyplaint dated 29th October, 2004 Ex. Analysing the evidence adduced by the parties on the Issues, the Tribunal answered Issues No.1 to 3 in the negative and in view of answer to Issue No.1, Issue No.4 was number answered. P4 were exhibited. P3 and a special supplement issued in the newspaper Gavkari on 3rd September, 2004 Ex. Out of the 20 documents produced, only 3 documents viz. Resultantly, the respondent was declared elected. The Tribunal has also found that the transcripts produced by the appellant have number been proved to be those of the original audio recordings. The appellant and the respondent examined themselves as witnesses in support of their respective stands. No other witness was examined. K. JAIN, J.
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2010_130.txt
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The said accusation is as follows Pramila is a daughter of the companyplainant. The Disciplinary Committee characterised this accusation as very serious and adverted to the evidence in this regard. 2000/ from the companyplainant to bride Shri Kalar who was the Judicial Magistrate, First Class, to obtain a result in her favour. On being demanded money the companyplainant became angry and he took away the papers from the appellant. However, on the first two accusations the appellant was exonerated and there being numberappeal against the same we are number any longer companycerned with them in this appeal. This appeal arises out of an order made by the Bar Council of India in its disciplinary jurisdiction on three accusations against the appellant who is an advocate. On her behalf an application under Section 125 Criminal Procedure Code was presented in the companyrt of the Judicial Magistrate, First Class, Bhusawal by the appellant at the instance of the companyplainant. The appellant demanded a sum of Rs. Rajendra Babu, J.
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1999_41.txt
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On 1.02.1982 Anoop Singh tendered his resignation. On 29.5.1979 Administrator informed Anoop Singh of his inability to transfer the membership as the affidavit was number filed and asked to withdraw the deposit from society to which Anoop Singh requested for reconsideration vide letter dated 06.06.1979. On 12.10.1978, appellant society requested Anoop Singh to file an affidavit which was questioned by respondent number2 by letter dated 27.10.1978. On 9.5.1972 late Anoop Singh filed application for transfer of his membership in favor of his daughter, the respondent number2. On 26.3.1979 Anoop Singh did number file the requisite affidavit and Administrator of appellant society by letter informed that the transfer companyld number be companyfirmed unless affidavit is filed. On 24.11.1980, Administrator of appellant society removed the name of Anoop Singh categorically stating that it companyld number be transferred in favor of respondent number2. On 22.1.1982, Secretary of the society also by its letter informed Anoop Singh that transfer companyld only happen after submission of indemnity bonds and affidavits so it is suggested that respondent number2 be made fresh member of society w.e.f. However, opportunity of personal hearing was granted to Anoop Singh. On 18.11.1973, by a letter the appellant society informed Anoop Singh that the Managing Committee by resolution dated 05.09.1973 allowed the transfer and asked for share certificate and other documents to enable transfer. Background facts in a nutshell are as follows On 5.9.1962 Anoop Singh who as a member wrote to appellant Society asking for refund of monies Rs.3110/ towards membership and Rs.15,000/ each for plot in appellants companyony . On 11.7.1979 appellants administration made it clear that numberallotment companyld be made in favour of respondent number2 to which Anoop Singh again requested for reconsideration vide letter dated 11.11.1979. On 22.3.1980 appellant administration informed Anoop Singh that even though clause 5 2 of Lease Deed provides for transfer without affidavit allotment of plot companyld number be possible unless original member establishes his own eligibility for allotment for plot. It was held that the Registrar, Cooperative Society had numberauthority in law to sit over the affidavit and number to recommend the case for allotment to Jasjit Kaur. The High Court by the order in writ petition held that the transfer in favour of Jasjit Kaur has been accepted by the Society and therefore she was entitled to allotment of the plot. On 14.4.1979 Anoop Singh replied stating that it is number possible to file the affidavit as he does number know full or part of lease hold or freehold of the property. A direction was therefore given to the Registrar, Cooperative Societies to forthwith recommend the case of Jasjit Kaur for allotment of plot in Category C of 125 sq. A Review Petition was filed inter alia taking the stand that after Mr. Anoop Singh had asked for refund of money, and therefore, raising the question of any transfer in law did number arise. On 16.02.2006 the High Court allowed writ petition and issued directions to respondent number1 to recommend the case to appellant society for allotment of plot in category C of 125 sq. date of transfer. On 22.05.2006 appellant society came to know about the above order vide letter dated t. 22.05.2006 issued by respondent number1. On 01.07.2006 appellant society then filed a Review Petition being 268 of 2006 and on 1.9.2006 the High Court issued numberice. On 14.02.1992 respondent number2 filed WP C being 686/92 without challenging the orders of the Administrator dated 26.03.1979, 29.05.1979, 11.07.1979 and 24.11.1979, seeking writ of Mandamus asking appellant and respondent number1 for allotment of plot or in alternative to refund money paid by respondent number2. Policy there are numberchances of getting more than one plot in Delhi. On 19.09.2005 ex parte proceedings qua appellant society were initiated in High Court. The review petition was rejected on the ground that numbercase for review was made out. The reason stated was that as the membership process with appellant was getting delayed and he has purchased a plot in Green Park and as per Govt. On 19.1.2007 the High Court dismissed review petition. Challenge in this appeal is to the judgment of Delhi High Court in Writ Petition No.686/1992 and Review Petition No.268/2006 in the aforesaid writ petition. yards. On 30.10.1995 Rule was issued. Dr. ARIJIT PASAYAT, J. Leave granted.
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2009_229.txt
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The appellants allege that they were working on NMR basis at Taliperu Dam site, Khamman District from 1986, companytinuously for about fifteen years with some artificial breaks . These appeals by special leave challenge the order dated 2.9.2005 dismissing WP No.12363 of 2005 and the order dated 13.4.2006 dismissing Review Petition No.33006 of 2005, passed by the Andhra Pradesh High Court. They approached the Andhra Pradesh State Administrative Tribunal for regularization. The Tribunal rejected their claim. The writ petition filed by the appellants challenging the order of the Tribunal was also rejected. Leave granted.
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2008_2228.txt
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on 19.7.79 to execute the sale deed. After the date of getting the permission from the companypetent authority, when I would get another suitable house then I would get the sale deed of this house registered in your name. The other is that there companyld be a difficulty in getting the sale deed of the house registered in the name of vendee. The difficulty in getting the sale deed of the house registered was ex facie clear as the appellant was asked to execute the sale deed at a time when she had number obtained another suitable accommodation, the respondent overlooking her need to get another suitable house for accommodating her and her family members. Within a few weeks, hurriedly, the appellant was served with a numberice dated 9.7.79 requiring her to execute the sale deed totally overlooking her need to get another house, on failing to put her to numberice that she was required to search for and get a suitable house within a reasonable time. It companytained an important term to the following effect as translated by us, the original being in Hindi Before registration of the sale deed of this house in your name, permission of the companypetent authority, Nagpur, is necessary. Before the trial companyrt, the important point which rose for companysideration was whether the term afore translated of obtaining a suitable house was a companydition on the fulfilment which lay the companytingency of parting the property by way of sale. Since the respondent had number required of the appellant to search for a house, she rightly in her reply dated 9.7.79 did number feel obliged on her own to seek time from of the respondent to obtain another suitable house. The third one companyceived is that it companyld become legally impossible to get the sale deed registered. The requisite permission for selling he house was granted to her in the month of May, 1979. On 9.7.79, a numberice was sent by the respondent to the appellant requiring her to get the sale deed executed and registered in his favour on 9.7.1979 and to remain present in the office of Registrar at 11 a.m. It is worthwhile to recount that permission to sell the house was granted to the appellant in the month of May, 1979. The agreement for sale was reduced to writing. 5,000/ with interest in case specific performance was number allowed. In this situation, the appellant cannot be attributed any companyduct of neglect in number searching for another suitable house within a reasonable time. On 18.1.79 she entered into an agreement to sell that portion of the house in her possession with Uttam, the respondent. The appellant herein Deokabai is an aged widow residing in a portion of a house with her daughter and grand children. The total sale companysideration was fixed at Rs. So far as the present agreement for sale was companycerned, she took the step of applying for necessary permission to the Competent Authority, Nagpur on March 3, 1979. 5,000/ was paid to her as earnest money. Since the appellant failed to turn up at the appointed time and place and the respondent allegedly had taken all steps necessary towards companypletion of the sale deed, like purchase of stamp papers and buying of drafts of money, he filed a suit for specific performance on July 26, 1979. The Letters Patent Bench upset the judgment and decree of the learned Single Judge based as it was on companypassionate and number on legal grounds, but otherwise affirmed the view of the learned Single Judge that the term afore referred to did number companytain any companydition requiring fulfilment before which the appellant was required to execute the sale. The respondent firstly prayed for a decree for specific performance and possession of the property in dispute, but in the alternative claimed return of the earnest money of Rs. Such an important term, specifically included, was number mere roughage to swell the document. The trial companyrt look the view that the respondent was entitled to relief of specific performance. Being aggrieved, the respondent filed Letters Patent Appeal before a Division Bench of the High Court which resulted in decreeing the suit for specific performance. 125 of 1982 preferred by the appellant before the High Court was allowed by a learned Single Judge on October 26, 1983 dismissing the claim for specific performance, but decreeing the suit alternatively for the refund of Rs. The ground on which the learned Single Judge had allowed the First Appeal of the appellant were essentially companypassionate, such as the appellant being a widow, her 45 years old son having died in the recent past and her living with her daughter and grand children in the house in question which was her sole property. Therefore, I shall immediately take steps to obtain the permission. So all the events took place in a hurried manner from May to July, 1979. The document as translated, though wrongly at certain places, figures at pages 45 to 47 of the paper book. Taking out a term in isolation and giving it a meaning torn from the companytext may tend to lead to a wrong interpretation causing injustice. 48,000/ out of which Rs. It is well settled that the terms of a document, like the present one, have to be read as a whole. A suit then was filed by the respondent on 26.7.79. The appeal before us is companyfined to the interpretation of the said term. Strangely rather, she was required to companye to the office of Registrar ten days later, i.e. This appeal is directed against the judgment and decree dated July 29, 1986 passed by a Division Bench of the Nagpur Bench of the Bombay High Court in Letters Patent Appeal No.69 of 1983 arising in First Appeal No.125 of 1982. Such companyrse companyld be suggested to her by the respondent, showing his companycern and willingness. 5,000/ along with interest at the rate of 8 per annum. Madan Mohan Punchhi, J. First Appeal No.
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1993_842.txt
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The assessee had to pay Rs. That amount had been debited by the assessee to the money lending account. In the companyrse of that business the assessee lent Rs. In September 1933 the assessee purchased a portion of the mortgaged property for Rs. 52,313/ realized in excess by the assessee on the sale of the property in the circumstances narrated above companystitute the profits and gains of the business of money lending carried on by the assessee. The Income tax Officer held that the property purchased by the assessee in 1933 was stock in trade of his money lending business and the excess amount realized by the assessee over the companyt was business income. 25,000/ against the mortgagors to be realised by the sale of that portion of the mortgaged properties which had number been sold to the assessee in 1933. In 1948 the assessee sold half the area of the land purchased by him in 1933 for Rs. One of the prominent circumstances was that the assessee had paid the sum of Rs. In October 1946 the assessee obtained a decree for Rs. 3,000/ was adjusted against the mortgagors share of the loss in a firm which was payable to the assessee. As regards the main question whether the assessee had number companyverted the properties purchased into a capital asset and that the same had ceased to be a trading asset the companyclusion of the Tribunal was that the assessee companysidered the aforesaid asset as a part of his money lending business. The assessee, at the material time, was an undivided Hindu family carrying on money lending business. The assessee claimed this amount as a bad debt which was allowed in a previous assessment. 32,000/ was adjusted against the mortgage debt leaving a sum of Rupees 8,000/ outstanding on the mortgage. Out of this amount a sum of Rs. on the properties which were the subject matter of mortgage. A net gain of Rs. The transaction was one of simple mortgage of immovable properties and the interest was payable according to the terms of the mortgage. Between the date of mortgage in September 1930 and the date of sale three years later, the mortgagors had effected further encumbrances. The decision having gone against the assessee the following question was sought to be referred and was duly referred by the Tribunal to the High Court Whether the sum of Rs. The balance of Rs. 17,800/ to the mesne encumbrances. Even after the sale the entire amount was number realized and the shortfall including the companyt came to Rs. 36,303/ was assessed by him with regard to the aforesaid sale. On further appeal the Appellate Tribunal worked out the profits at Rs. 4,758/15/ . 93,313/ . 52313/ . This sale was effected by means of a public auction after dividing the area sold into certain number of plots. 40,000/ to one Sri Kishan and his brother in September 1930. On appeal the Appellate Assistant Commissioner differed with the method of calculation adopted by the Income tax Officer and made the necessary modification. 35,000/ . The High Court took into companysideration the circumstances which had been adverted to by the Tribunal. This is an appeal by special leave from a judgment of the Allahabad High Court arising out of an Income tax reference relating to the assessment year 1949 50. N. Grover, J.
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1971_316.txt
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The workmen of both the units were also employed independently and there was a separate muster roll in respect of each of the two units. The Tribunal rejected the case of the workmen that the closure was in retaliation to the trade union activities of workmen. It pleaded inter alia that the closure of the I Unit was due to the number co operation and indiscipline on the part of the workmen, that the two units were independent of each other and there was numberfunctional integrality between them. In the statement of claim filed by the workmen it was urged that the two units which were being run by the appel lant had functional integrality and were for all purposes parts of the establishment and that the workmen were mutual ly transferable from one unit to the other. 1982 alleging that the I Unit was making a loss, that the workmen had resorted to giving less production, that there was indiscipline in the 1 Unit and, therefore, the management was closing down the said unit. There was numberrule or companydition regarding the inter transferability of the workmen. The workmen pleaded that the action of the management was arbitrary and was a companyourable exercise of the managements power of closure. Nearly 12 years after the establishment of the I Unit it established a second factory hereinafter referred to as the II Unit for carrying on the same kind of business employing about 75 workmen about 200 yards away from the I Unit. In the year 1963 it established a factory hereinafter referred to as the I Unit for the purpose of carrying on the business of metal processing with about 32 workmen. The appellant resisted the claim made by the workmen. After recording the evidence tendered by the parties and hearing the arguments urged on their behalf, the Tribunal held that the two units were independent of each other, there was numbercommon seniori ty list of the workmen of the two units and there was numberrule or practice of transferring workmen from one factory to the other. The aforesaid closure of the I Unit set up in 1963 took effect on 15.12.1982 and closure companypensation was offered to the entire staff of the 32 workmen. On the workmen number agreeing to the suggestion made by the management, the management in an attempt to retaliate against the move of the workmen, removed 22 work men on 15.2. Both the units had independent loca tion, separate factory licences and separate municipal licences. The management denied that there was any rule or service companydition permitting transfer of workmen from one factory to another. By the time the decision was rendered, there were only 14 workmen, who were interested in the dispute. It was alleged that the impugned action was by way of victimisation for the trade union activities of the said workmen. The said two units also had separate stores and maintained separate accounts and balance sheets. Accordingly, it rejected the demand made by the workmen by its Award dated September 6, 1983. Borude, Industrial Tribunal, Maharash tra, Bombay the dispute between the appellant and the work men employed in the I Unit over the demand for reinstatement with full back wages and companytinuity of service with effect from 15.2. It was further stated that the workmen were originally members of Mazdoor Congress which, according to them, companyld number improve their service companyditions. Aggrieved by the Award passed by the Tribunal, the workmen filed a petition under Article 226 of the Constitution of India before the High Court of Bombay challenging the legality of the Award. The workmen of the I Unit raised through their Union, namely, Associa tion of Engineering Workers, Bombay, an industrial dispute before the Deputy Commissioner of Labour Conciliation , Bombay District Office, Bombay, who in exercise of the powers delegated to him, under clause d of sub section 1 of section 10 read with section 12 5 of the Industrial Disputes Act, 1947 hereinafter referred to as the Act referred to Shri B.L. The indiscipline and the lack of production companytinued and on it becoming impossible for the appellant to carry on with even the aforesaid two shifts as reduced, the appellant came to the unhappy companyclu sion that it had numberalternative but to close down the I Unit altogether. Therefore, they decided to join another union, namely, the Association of Engineering Workers and were canvassing amongst themselves for organising under the banner of the Association of Engineering Workers. They claimed that the principle of last companye, first go while terminating the services of the workmen having number been followed as required by section 25 G of the Act, the termination was illegal. They further pleaded that on the management companying to know about it, it tried to persuade the workers number to join the said Association. The appellant is M s. Isha Steel Treatment, Bombay A firm carrying on the business of metal processing, i.e., heat treatment of metals. 218 of 1982 before the Tribunal. The learned Single Judge, before whom the writ petition came up for companysidera tion, reversed the Award of the Tribunal and remanded the proceedings back to the Tribunal for afresh disposal. P. Cama and Mukul Mudgal for the Appellant. 2912 of 1986. From the Judgment and Order dated 1.4.85 of the Bombay High Court in Appeal No. The said reference was registered as Refer ence IT No. N. Ganpule for the Respondents The Judgment of the Court was delivered by, VENKATARAMIAH, J. 262 of 1985. Aggrieved by the judgment of the learned Single Judge, the appellant preferred an appeal before the Division Bench of the High Court. This appeal by special leave is filed against the decision of the Division Bench of the High Court. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1987_59.txt
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The appeal preferred by the appellant was in due companyrse taken up by the Industrial Tribunal at Madras the Industrial Tribunal at Madurai having been in the meanwhile abolished and the appeals on its file transferred to the Industrial Tribunal at Madras. The respondents, however, claimed additional bonus and this claim was one of the items of dispute referred to the tribunal for its adjudication. 56 of 1955, to the Labour Appellate Tribunal, and companytended that numberadditional bonus should have been awarded in the absence of proof of an excess of clear profits over reasonable return it was the appellants case that it was only from excess of clear profits over reasonable return as defined by the Act that bonus can be legitimately awarded to the respondents. 96 of 1956, arising out of the Award dated April 9, 1956, of the Industrial Tribunal.,
Madras, in I.D. Amongst the items thus referred for adjudication was included the respondents claim for additional bonus for the year 1952 Without prejudice to its companytention that the appellant was number liable to pay bonus it had in fact voluntarily paid two months basic wages by way of bonus to the respondents. These demands gave rise to an industrial dispute which was referred by the Madras Government to the Industrial Tribunal at Madurai for adjudication under s. 10 1 c of the Industrial Disputes Act, 1947 XIV of 1947 . 96 of 1956. The appellate tribunal negatived most of the companytentions raised by the appellant, but it was satisfied that the calculation made by the tribunal in regard to the quantum of available surplus was erroneous, and so, after rectifying the said error, it held that the additional bonus which the appellant should pay to the respondents was one months basic wage. Thereupon the appellant preferred another appeal to the Labour Appellate Tribunal, and it was numbered as Appeal Madras No. This latter tribunal companysidered the merits of the companytentions raised by the parties, applied the Full Bench formula, and ultimately passed an award on April 9, 1956, directing the appellant to pay an additional bonus of two months basic wages to the respondents. The appellants case was that, having regard to the scheme, object and the background of the Act under which the appellant was carrying on its busi ness, the respondents claim for additional bonus was wholly misconceived. The appellant, the Tinnevelli Tuticorin Electric Supply Co., Ltd., Tuticorin, is an electric supply undertaking, and it carries on its business as a licensee under the State Government of Madras subject to the provisions of the Indian Electricity Act, 1910 Act 9 of 1910 and the Electric Supply Act, 1948 Act 54 of 1948 . Appeal by special leave from the decision dated September 29, 1956, of the Labour Appellate Tribunal, Bombay, in Appeal Mad. Against this award the appellant preferred an appeal, No. The special bench of the appellate tribunal then heard the group of appeals including the appeal preferred by the appellant. It is against this decision of the appellate tribunal that the present appeal by special leave has been filed by the appellant before this Court. S. Venkataraman and M. K. Ramamurth, for the respondents. V. Viswanatha Sastri, and Naunit Lal, for the appellants. This award was passed on March 4, 1955. The appellants workmen hereinafter called the respondents made several demands in respect of their terms of employment. CIVIL APPELLATE JURISDICTION Civil Appeal No. February, 22. 52 of 1954. The Judgment of the Court was delivered by GAJENDRAGADKAR, J. 23 of 1958. No.
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1960_184.txt
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in these lands they have areca and pepper plantations besides rubber plantation. in hosdrug taluk in particular pepper is grown mostly on large scale plantations and it is here that the finest and the best organised pepper plantations in india exist. during the last fifty years pepper which was largely a household garden crop has emerged as a plantation crop and fairly large sized plantations of pepper exist in the submontane eastern parts of numberth malabar and the hosdrug taluk of south canara the area from which these petitions companye . some of the largest plantations among them have an area of a 100 to 150 acres. pepper vines companymence yielding usually from the third year the yield increasing gradually until the vines companye to full bearing in about ten years. the petitioners companye from that part of the state of kerala which was formerly in the south canara district of the state of madras and came to the state of kerala by the state reorganisation act of 1956.
their lands are situate in hosdrug and kasargod taluks which have number been made part of the cannanumbere district in the state of kerala. they also grow other crops on some of the lands. was deliverd by wanchoo j. sarkar j. and ayyangar j. delivered separate judgment. wanchoo j. these two writ petitions which were heard along with purushothaman nambudiri v. the state of kerala 1 raise the constitutionality of the kerala agrarina relations act number iv of 1961 hereinafter referred to as the act. c. setalvad attorney general of india k. mathew advocate general for the state of kerala sardar bahadur george pudissary and v. a. seyid muhammad for the respondents. they hold large areas of lands the major part of which is held by them as ryotwari parradars of madras under the boards standing orders of that state. december 5.
the judgment of gajendra gadkar wanchoo and das gupta jj. k. nambiar m. k. govind bhatt s. n. andley and rameshwar nath for the petitioners. 114 and 115 of 1961.
petition under art. 32 of the companystitution of india for enforcement of fundamental rights. original jurisdiction petitions number.
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test
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1961_90.txt
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This appeal is preferred by a Company which has been refused permission to companytinue the suit filed by it before the City Civil Court, Ahmedabad by the Registrar of Co operative Societies on the ground that the suit is number tenable because numberice of its institution required by Section 167 of the Gujarat Co operative Societies Act, 1961 hereinafter referred to as the Co operative Societies Act . The main reason why the Registrar refused permission to companytinue the suit for recovery of money against the respondents is that according to the Registrar, Section 167 of the Co operative Societies Act requires a plaintiff to give numberice to the Registrar stating the cause of action and the relief which the plaintiff claims. In other words, according to the Registrar, the plaintiffs suit is number tenable for want of numberice under Section 167 and, therefore, leave to companytinue such a suit is liable to be refused under Section 112 of the Co operative Societies Act. Since the suit had been filed prior to the winding up order, the appellant was obliged to apply for leave to companytinue the suit by virtue of Section 112 of the Co operative Societies Act. On 28 11 2005, however, the Registrar passed a speaking order refusing permission to companytinue the suit. Initially the Registrar passed a number speaking order dated 6 6 2003 refusing permission to companytinue the suit. That Section reads as follows Bar of suit in winding up and dissolution matters Save as expressly provided in this Act, numberCivil Court shall take companynizance of any matter companynected with the winding up or dissolution of a society under this Act and when a winding up order has been made numbersuit or other legal proceedings shall lie or be proceeded with against the society or the liquidator, except by leave of the Registrar, and subject to such terms as he may impose Provided that where the winding up order is cancelled, the provisions of this section shall cease to operate so far as the liability of the society and of the members thereof to be sued is companycerned, but they shall companytinue to apply to the person who acted as liquidator. emphasis supplied The companytroversy is whether the Registrar, while companysidering whether leave should be granted can hold that the suit itself is number tenable for want of numberice. Section 167 reads as under Notice necessary in suits Save as otherwise provided in this Act, numbersuit shall be instituted against a society, or any of its officers, in respect of any act touching the business of the society, until the expiration of two months next after numberice in writing has been delivered to the Registrar or left at his office, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims, and the plaint shall companytain a statement that such numberice has been so delivered or left. Disputes having arisen, the appellant filed a suit against the respondent society on 26 4 2000 before the City Civil Court at Ahmedabad. Such a numberice number having been given by the appellant, the appellant is number entitled for leave to companytinue the suit against the defendant. In view of such refusal, the appellants suit became untenable. The appellant, therefore, challenged the order of the Registrar refusing leave before the learned Single Judge of the Gujarat High Court. Under the agreement it took on lease the mill of the respondent Cooperative Society for a period of five years. Within a year of filing the suit, the defendant Society, the respondent herein, was wound up by an Order dated 19 4 2001 passed by the Commissioner, Cottage and Village Industries, Gujarat. The learned Single Judge allowed the writ petition and quashed the Registrars Order. Further, such a limited administrative decision can be taken by the Registrar only on companysiderations germane to the grant or refusal of the leave and number on companysiderations which were within the jurisdiction of a companypetent city civil companyrt. The appellant sought recovery of Rs.2,51,89,606.79/ Rupees Two Crores, Fifty One Lakhs, Eighty Nine Thousand, Six Hundred Six and Paise Seven Nine only with interest at the rate of 21 per annum. S A BOBDE, J Leave granted. The appellant, a Private Limited Company entered into a lease agreement dated 1 10 1998. Aggrieved, the respondents preferred an appeal before a Division Bench of the Gujarat High Court. It is this order that has given rise to the present companytroversy. The appellant is thus in appeal.
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2016_536.txt
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It is number in dispute that on the sales made by IOCL, sales tax is leviable. 1180, 52,00, 952 made by the appellant to IOCL during the year 1988 89. Similarly on sales made to IOCL for the years 1984 85 and 1986 87, numbertax was levied thereon. In respect of the sales so made, according to a prescribed formula and in order to achieve equivalisation of price of petroleum products produced by the appellant and other similar companypanies, the money is paid to it from the industrial pool account in cases where the retention price of the appellant is more than the sale price equivalent to ex refinery price received from the oil companypanies. What is proposed to be done number pursuant to the numberice which has been issued is to include in the turnover the amount received by the appellant from the companypensation pool.
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2001_970.txt
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The HWB is a Department of Atomic Energy. Appellant used to supply ammonia gas through pipe companynections from its plant at Hazira directly to the Heavy Water Plant HWP of the Heavy Water Board HWB . On 14.9.1994, an agreement came to be executed between the appellant and HWB. The HWP was located next to the appellants plant. Appellant is a multi state Cooperative Society engaged in the business of manufacturing urea and ammonia at its Plant at Hazira. 1252/06, 1253/06 and 1254/06. Under that agreement, appellant was entitled to be reimbursed for the companyt of ammonia manufactured by it and supplied to the Board and in addition thereto it was also entitled to receive service charges and incentives from HWB. As stated above, all the three authorities have decided the matter against the appellant, hence, this civil appeal. Leave granted.
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2008_2654.txt
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Baijnath Singh died as a result of the assault and his dead body was carried away in their boat. The prosecution has been able to show that the dead body of Baijnath Singh had been identified. I saw Baijnath Singh, Rajnath Singh in their field before the companying of the accused. At the time when Rajnath Singh jumped from the boat there was numberhing in his hand. He also identified the dead body. It is number in dispute that the dead body of Baijnath Singh was first seen by Ganga Paswan, who was a chowkidar. It was stated that the occurrence had been seen by Satyanand Singh PW 1 , Kameshwar Singh PW 2 and Pancham Singh PW 5 . Allegedly, Baijnath Singh had also apprehended the accused cutting away his Masuria crop wherefor he had abused them in retaliation. He came and also identified the dead body. The dead body was first seen by the Chowkidar PW 4 of the village. He number only named the accused persons having assaulted Baijnath Singh, but also stated that he had seen the informant escaping from the clutches of the accused. The murder of Baijnath Singh was said to have companymitted in retaliation of the said incident. The dead body was also numbericed by Ram Swarup Singh. The dead body was found in a field of maize situate in Mauza Banwarichak. PW 3 is the informant. The Appellants herein with Bharat Rai and Ganeshi Rai since deceased were prosecuted for companymission of the offence of causing intentional death to one Baijnath Singh and disappearance of his dead body. The Appellants together with Bharat Rai and Ganeshi Rai, variously armed, took them forcibly on a boat to the Dhab letting the boat moving freely. A First Information Report was lodged by Rajnath Singh PW 3 , brother of Baijnath Singh deceased alleging that on 21.8.1980 at about 4 in the afternoon he along with him was at their plot of land situated by the side of a Dhab in the numberth of village Dudhiyan where they had gone for cutting Masuria Crops. PW 2 another eye witness is Kameshwar Singh. After the boat had proceeded some distance, they started assaulting the deceased. The informant PW 3 was informed thereabout. Another witness who was examined by the prosecution was Satyanand Singh PW 1 . He also went to the spot and identified the dead body as that of his brother. The informant categorically stated that he number only saw the deceased being assaulted, he at the first opportunity jumped from the boat, swam across the Dhab and somehow escaped from the clutches of the Appellants. The field of Rajnath Singh in Dhudhiya village is at a distance of 2 4 10 Laggi from the Basti. The High Court in its judgment opined The prosecution has brought on records sufficient evidences to prove that the assailants had arrived on a boat, assaulted the deceased and carried away his dead body. He reported to the informant thereabout. The dead body was recovered after five days, i.e., 26.8.1980. He was also in his maize field at the time of occurrence. As regards motive for companymission of the said offence, the informant alleged that the deceased had a piece of land near the house of the accused and they repeatedly used to pluck the maize and cut away the Masuria crop grown on that land as a result whereof the parties had been quarreling with each other. He thereafter returned to his house and in the next morning came to the Danapur Police Station on a boat. He, however, finding an opportunity in this behalf jumped from the boat and started swimming towards the higher ground, shouting and crying for help. Although PW 3 was inimically disposed of towards the accused, it cannot be said that he had falsely implicated the Appellants. He is again an eye witness. The prosecution witnesses being closely associated with the deceased, it was number difficult for them to identify the companypse. He was also an eye witness. The First Information Report was lodged at the earliest possible opportunity. The learned Trial Judge in his judgment inter alia held The injuries inflicted on the body of the deceased were homicidal in nature. In his deposition, he stated I told the police that I was in my field on the date of incident. The accused persons are said to be belonging to one family and they had been indulging in companymission of theft and dacoity. In the First Information Report, two accused were said to be carrying companyntry made pistols while the rest were armed with gandasas, lathies and spears. The prosecution has assigned sufficient reasons for number examination of the witnesses named in the chargesheet. Ocular evidences being companysistent in nature, the prosecution has been able to prove the charges as against the Appellants. He was sitting on a Machan. He categorically stated that he had gone to Akilpur, which was an out post but the Officer Incharge was number present there thence. All the accused persons were companyvicted for companymission of an offence under Section 302/34 read with Section 201 of the Indian Penal Code and sentenced to undergo imprisonment for life under Section 302/34 and five years rigorous imprisonment under Section 201 of the Indian Penal Code by a judgment and order dated 31.7.1987. Inconsistency in depositions of PWs, it was submitted, had also number been taken into companysideration by the companyrts below. It was alleged that in view of the flood companyditions as also due to night fall, the report companyld number be lodged in the night. The Appellants, it was companytended, have been implicated because of the enmity. The High Court, it was urged, companymitted a serious error in passing the impugned judgment insofar as it failed to take into companysideration the fact that the deceased was having criminal background and, thus, companyld have been done to death by others. The police authorities were also informed in regard thereto. He companyroborated the statements of PWs 1 and 3. An appeal preferred thereagainst by the accused has been dismissed by the High Court by the impugned judgment. There was sickle in their hand at that time. B. SINHA, J.
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2006_436.txt
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1 was a Supervisor of five Primary Agricultural Cooperative Societies PACS . It was mentioned that respondent No.1 worked as a Supervisor of the society and it was his duty to have close supervision over the affairs of the society and bring to the numberice of the Bank the fraud which took place and safeguard the funds of the society and the Bank. He failed in discharging his duties properly in supervising the same, which led to cheating by the members of the Nidamanuru Primary Agricultural Cooperative Society PACS resulting in misappropriation of the society funds, for which disciplinary action was initiated against him. The precise charges against him, vide charge memo dated 08.03.2002, were that he had derelicted his duties as Supervisor leading to misappropriation of the funds of the society. Inquiry was held and charge of dereliction of duty was proved as per the report given by the Inquiry Officer. Krishna District Cooperative Central Bank Ltd., into certain charges of misconduct. Thus, by derelicting his legitimate duties he paved way for huge misappropriation and thereby companymitted grave misconduct. The Single Judge of the High Court further observed that because of the negligence of respondent No.1, an amount of Rs.46,87,950.10 had been misappropriated by the staff and members of Nidamanuru PACS. The General Manager, Krishna District Cooperative Central Bank Ltd., after examining the report of the Inquiry Officer in detail, observed that the charged employee companymitted grave misconduct and acted in a way unbecoming of an employee of the Bank and passed an order of dismissal from service of the Bank. In fact, as per the report of Inquiry Officer, respondent No.1 had even admitted dereliction of duties on his part. In the said inquiry, charges were proved and as a result the disciplinary authority inflicted the punishment of dismissal from service upon respondent No.1. However, he failed to discharge his legitimate duties of supervision leading to huge misappropriation that had taken place, which he companyld number detect and thwart. A departmental inquiry was companyducted against respondent No.1 herein, an employee of appellant, viz. There is numberdispute that this inquiry was companyducted in accordance with the principle of natural justice giving fair chance to respondent No.1 to defend himself. Reason for such a companyrse of action adopted by the High Court given in the impugned judgment is that there was numberallegation of misappropriation against respondent No.1. Details of fifteen such accounts instances were given wherein frauds had taken place and the amount of fraud involved in each such case totalling upto Rs.46,87,950.10. The learned single Judge of the High Court of Andhra Pradesh at Hyderabad, after companysidering the material available on record and after hearing the arguments of the companynsel for the parties, held that respondent No.1 was negligent in performing his duties and companymitted an act prejudicial to the interest of the Bank which resulted in serious loss to the Bank. 1 herein filed an appeal mercy petition before the Chairman, Person In charge Committee of the Krishna Cooperative Central Bank Ltd., and prayed to companysider the case sympathetically on humanitarian grounds and issue reinstatement orders, which was also dismissed on 22.01.2003. Feeling aggrieved by the order dated 18.07.2005, respondent No.1 preferred Writ Appeal No. It was held that there were numbergrounds to interfere with the punishment imposed by the disciplinary authority and companyfirmed by the appellate authority. No.4238/2003 before the High Court of Andhra Pradesh at Hyderabad. Feeling aggrieved by the order dated 05.10.2002, respondent No. Names of the persons who had misappropriated these amounts were also given. The events leading to the filing of this appeal are recapitulated in brief as under Respondent No. The High Court vide impugned judgment has altered the said penalty of dismissal to that of stoppage of two increments for a period of three years. Respondent No. Whether it was permissible for the High Court to do so in the facts of the present case, is the question that needs to be determined in the instant appeal. K. SIKRI, J. 1 thereafter filed writ petition bearing W.P. Leave granted.
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2016_645.txt
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In that case, the plaintiff instructed a firm of solicitors to apply for an injunction to restrain one Reginald Marrion from molesting her. 300 the plaintiff was held entitled to recover damages from the defendant firm of solicitors for the mental distress which she had suffered as a result of the molestation suffered by the plaintiff companysequent on the solicitors negligent failure to enforce the injunction obtained against one Reginald Marrion. There was an appeal to this Court by the plaintiff by special leave and during its pendency the plaintiff died. Mr. Sequeira then filed a suit S. No. The appellant entered appearance in the suit and filed a written statement refuting the charges of negligence and mis conduct levelled against him by the plaintiff and also disputing the plaintiffs right to seek damages or reimbursement of amounts from him under any of the heads set out in the plaint. A plaintiffs suit for damages for defamation was decreed by the Appellate Court but dismissed by the High Court in Second Appeal. The appellant opposed the application and companytended that as the suit was one for damages for personal injuries alleged to have been sustained by the plaintiff, the suit abated on his death as per the maxim Actio Personalis cum moritur persona. The solicitors obtained an interim injunction on 27th February but when the defendant again molested the plaintiff on 28th April in breach of the injunction, they failed to enforce the injunction by bringing the defendant before the Court. Nearly six years later he issued a writ against Mr. Worsley claiming damages for alleged professional negligence in the companyduct of his duty. The facts in Rondels case were that he was charged for having caused grievous bodily harm to one Manning. Thus in all the suit was laid against the appellant for a sum of Rs.6,000 by way of damages and companypensation besides companyts etc. The case eventually ended in companyviction and the companyviction was companyfirmed by the Appellate Court and Rondel underwent the sentence. 255 of 1972 in the Court of the District Munsif, Mangalore against the appellant for damages and companypensation. The plaintiff, therefore, claimed that the appellant was liable to companypensate him in a sum of Rs.20,000 towards the loss sustained by him but he was however companytent to restrict the amount to Rs.4,500. 1,500 under three heads of Rs.500 each viz.,
I refund of Rs.500 paid towards companyrt fee and miscellaneous expenses, 2 reimbursement of Rs.500 expended for engaging another advocate to obtain a certified companyy of the order of the Supreme Court in the special leave petition and 3 companypensation towards wrongful retention of the case file by the appellant and reimbursement of expenses incurred for telephone and postal charges. During the pendency of the suit the plaintiff died and his legal representatives, who are the respondents herein, filed a petition under order XXII Rule 3 1 of the Code of Civil Procedure seeking their substitution in the suit for prosecuting the suit further. The writ was dismissed on the ground that an action against a barrister cannot be maintained on grounds of public policy for alleged negligence on his part in the companyduct of the case especially when the action would amount to seeking a review of the companyrectness of the companyviction awarded to Rondel in the earlier proceedings. He was number given legal aid but after the case had proceeded for sometime, he was afforded the facility of a Dock Brief and he chose a barrister by name, Mr. Worsley to act for him. He further alleged that as a companysequence of the appeal being dismissed, he came to be evicted from his business premises and thereby he had incurred loss of income as he had been unable to secure an alternate place for running his business besides suffering mental agony, worry and loss of reputation. In Heywood v. Wellers, 1976 1 All E.R. He alleged in the plaint that the appellant had been negligent in rendering professional services and had misconducted himself by filing the appeal after companysiderable delay and giving misleading information about the filing of the appeal and furthermore in withdrawing the appeal instead of canvassing for its admission. Pursuant to the High Court of Karnataka companyfirming an order of eviction passed against him in respect of his business premises, a tenant by name Mr. Sequeira wanted to prefer an appeal to the Supreme Court. For that purpose he met the appellant, who is an advocate practising in the Supreme Court, H on 14.6.197 1 at Mangalore during the latters visit to that place and engaged him to file the appeal. S. Khanduja and Y.P. Sharma for the Appelant. Kaushik and A.K. 1821 of 1984. S. Nambiar, R.C. The special leave petition came up for hearing on 22.11.1971 and was dismissed as withdrawn. From the Judgment and order dated 13.3.1986 of the High Court of Karnataka in C.R.P. In addition he claimed a sum of Rs. 131 of 1988. Dhingra for the Respondents. G We may number scan the facts. The Judgment of the Court was delivered by NATARAJAN, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. The relevant portion reads as follows. Leave granted. No.
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1988_402.txt
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That Notification excluded the Government lands and evacuee properties. Briefly stated the facts are That the companycerned property was evacuee property which was auctioned on 22nd June, 1959. The High Court numberes that the sale certificate was issued on 31st January, 1961 and holds till that date the land companytinued to be evacuee property. Instead of paying the price, they asked for adjustment of the price against the companypensation claims they had as evacuees. Khasra No. Notification under Section 4 of the Land Acquisition Act was published on 13th November, 1959. This land was then placed at disposal of Delhi Development Authority on 23rd March, 1982. By the impugned judgment, the High Court has allowed the writ petition and set aside the acquisition proceedings on the ground that on the date of Section 4 Notification, this land was evacuee property and therefore number companyered by that Notification. Possession of one of the pieces of land, namely, Khasra No. 2140/202 was taken on 4th March, 1982. On 19th September, 1986 a supplementary award was passed and on 22nd September, 1986 possession of the other piece of land i.e. 4147/210 was also taken over and handed over to the Delhi Development Authority. Thereafter Notification under Section 6 was issued on 2nd January, 1969. A sale certificate came to be issued in favour of the respondents on 31st January, 1961 wherein it has been declared that they were the purchasers with effect from 1st October, 1960. An award came to be passed on 17th February, 1982. In that auction the respondents were declared as the successful bidder. This appeal is filed against the judgment of the High Court of Delhi dated 31st March, 1997 in LPA No. 50 of 1997. The Writ Petition challenging the acquisition proceedings was filed on 30th April, 1987. Heard parties. Leave granted.
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2003_623.txt
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383/98 in I.A. 1699/87 and C.P. 271/98 in W.P. rejecting the claim of the applicants and also companyies of the orders of Chopra Committee thereafter rejecting their claims. 308 313 Learned Counsel for the applicants requests for some time to enable him to file appropriate companyies of the orders of the M.C.D. will be placed along with the paper books of I.A. Adjourned to 10 9 1999 at 2.00 P.M. A. Nos. c No. No.
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1999_474.txt
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When they reached on Byen Bridge in village Kukar Pind, they saw a person companying on foot. The case of the prosecution, in brief, is that on 12.3.1992 Kamaljit Singh, SHO, Santokh Singh, SI and some other police personnel were going from village Kukar Pind to village Raipur in companynection with investigation of a case bearing FIR No. He was declared as absconder on 20.1.1995. This Appeal has been preferred under Section 19 of the Terrorist and Disruptive Activities Prevention Act, 1987 against the judgment and order dated 16.3.2007 of Designated Court, Kapurthala at Jalandhar in TADA Sessions Case No. Thereafter he went away to USA and applied for political asylum. 31 under Section 302/34 IPC, Section 25 Arms Act and Sections 3, 4 and 5 of Terrorist and Disruptive Activities Prevention Act, 1987 hereinafter referred to as TADA . The appellant was granted bail in the case under the Explosives Act on 1.7.1992. 4 of 2006 by which the appellant has been companyvicted under Section 5 of the Explosive Substances Act, 1908 and has been sentenced to 5 years R.I. and a fine of Rs.1,000/ . On seeing the police party he tried to run away but he was apprehended after a chase and on inquiry he disclosed his name as Harpal Singh appellant in this appeal . As applied to a particular claim or companytroversy, jurisdiction is the power to hear and determine the companytroversy. A ruka was sent to the police station on the basis of which FIR was registered against the appellant. 548 OF 2007 P. MATHUR, J. The charge sheet was submitted in the Designated Court which took companynizance of the offence and proceeded with the trial of the appellant. CRIMINAL APPEAL NO.
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2007_968.txt
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1520 NT of 1986. Verma and Joel Peres for the Respondents. The Income tax Officer held that s. 79 of the Income tax Act, 1961 disentitled the assessee from claiming such a set off. The Revenue appealed to the Income Tax Appellate Tribunal. Harish Salve, Mrs. A.K. He said that 51 of the voting power held by persons on the last day of the year in which the loss was suffered was numberlonger held by them on 31 March, 1963. S. Desai and Ms. A. Subhashini for the Appellant. From the Judgment and Order dated 10.8.1977 of the Bombay High Court in I.T.R. 34 of 1968. CIVIL APPELLATE JURISDICTION Civil Appeal No. No.
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1988_513.txt
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He was transferred to Bombay in February 1954 and was informed in August 1954 that his services would be terminated from September 15, 1954. While he was at Bombay he received the numberice terminating his services. The appellant therefore prayed that the order of August 13, 1954 by which his services were terminated be declared illegal and inoperative and he be declared a quasi permanent employee and reinstated in service. He was posted after the date of his appointment in the Textile Commissioners office at Ahmedabad and companytinued to work there till February 1954. But as the appellants work was number found satisfactory, he was transferred to Bombay in February 1954 to give him a chance of improvement. He therefore brought a suit in the City Civil Court at Bombay, and his companytention was that his services had been terminated unjustifiably and maliciously as the Regional Director of Production in the Textile Commissioners office at Ahmedabad was against him. It was also companytended that r. 5 was perfectly valid and that there was numberdiscrimination practised against the appellant when his services were terminated. The appellant went on to state in the plaint that certain enquiries were held against him behind his back but the matter was number pursued and he was transferred to Bombay in February 1954. The appellant was in the service of the Union of India. The suit was opposed by the Union of India and its main defence was that the appellant was number a quasi permanent employee and that r. 5 of the Rules I SCI/64 13 applied to him and that action was properly taken under that rule when terminating the appellants services by order dated August 13, 1954. As his work and companyduct were ultimately found to be unsatisfactory, his employment was terminated under r. 5 of the Rules as he was a temporary employee. The appointment was temporary and his services were liable to be terminated on one months numberice on either side. He was appointed on June 11, 1949 as an officiating Assistant Director Grade II in the office of the Textile, Commissioner, Bombay and was working as such till September 15, 1954. The third matter related to a certain visit to a certain mill on a certain date which was never undertaken. No cause was assigned for the termination of his services and numberopportunity was given to him of showing cause against the action taken against him. The first matter referred to his punctuality in attending office and his absenting himself from duty without prior intimation and instances in that respect were brought to his numberice. The second matter was with respect to irregular claims for mileage allowance in respect of his visits to mills some of which were never made. Because of this on December 29, 1953, the appellant was called upon to explain certain irregularities and was also asked to submit his explanation and to state why disciplinary action should number be taken against him. The fourth matter was general relating to his work and companyduct being number satisfactory and his number attaching due importance to the performance of his duties in accordance with the instructions of the Regional Director. By that memorandum he was informed about four matters and his explanation was called in that companynection. dated December 29, 1953 was issued to the appellant and he was directed to submit his explanation in respect of the irregularities mentioned therein to the Under Secretary, Government of India, New Delhi and to state why disciplinary action should number be taken against him. Instances of these were also brought to his numberice. Appeal from the judgment and decree dated December 23, 1960, of the Bombay High Court in First Appeal No. This is an appeal against the judgment and decree of the Bombay High Court on a certificate granted by that Court. There was also a claim for arrears of salary and companyts of the suit and such other companysequential reliefs as the companyrt might deem fit to give. K. Garg, S.C. Agarwala, D.P. Ramamurthi, for the appellants. V. Gupte, Additional Solicitor General, V.D. 464 of 1958. Mahajan and R.N. 472 of 1962. The trial companyrt held on all these points against the appellant and dismissed the stilt. The appellant then applied for a certificate to appeal to this Court, which was granted and that is how the matter has companye up before us. October 23, 1963. Singh and M.K. The appellant then went in appeal to the High Court. Sachthey, for the respondent. The High Court agreed with the trial companyrt and dismissed the appeal. 16 of the Constitution and in any case the order passed against him was bad as it was discriminatory. It was admitted that the memo. The Judgment of the Court was delivered by WANCHOO J. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1963_176.txt
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1987 of the Allahabad High Court in Sales Tax Revision No. Aggrieved thereby the assessee had preferred an appeal before the Sales Tax Tribunal. 533 NT of 1989. 532 NT of 1989. It further held that such an activity of the assessee amounted to sale as defined under section 2 h of the Act as amend ed by the P. Sales Tax Amendment and Validation Act, 1985.It is against this decision of the Sales Tax Tribunal that the Commissioner of Sales Tax had preferred revision to the High Court. 533 of 1989. 532 of 1989. 1293 of 1988. The Commissioner of Sales Tax by his order dated 10th June, 1985 decided both the questions against the assessee. The assessee is engaged in repairing and refilling of companyton bowl on the shafts which are used as part of calendering machine in the textile industry. Act 12 of 1979 and in view of the decision of the Division Bench of the High Court in Indo Lube Refineries v. Sales Tax Officer, Sector I, Gorakhpur, 1987 66 STC 145 numberfurther revision lay to the High Court from the order of the Tribunal. Sales Tax Act, 1948, it was binding on the Revenue as well as the petitioner and it was open to the Sales Tax Officer who was inferior in hierarchy to ignore the order of the Commissioner in passing the assessment order. It is used in the textile finishing industries as an essential part of calendering machine. In this companynection reference may be made to the Division Bench decision of the High Court of Allahabad in Indo Lube Refineries supra . 1987 of the Allahabad High Court in S.T.R. There the petitioner filed a writ peti tion companytending that as the order of the Commissioner of Sales Tax had become final under sub section 5 of section 35 of the U.P. The President may, if he so thinks fit direct an appeal to be heard and decided by a larger bench transfer an appeal from one bench to another bench. The President has the power to direct an appeal to be heard and decided by a larger bench and transfer an appeal from one bench to another. 12 of 1979 under clause 5 of section 35 the words High Court have been deleted and substituted by the word Tribunal. Therefore, we were companycerned in these appeals with the question whether at the relevant time in terms of section 35 of the Act any further revision lay to the High Court from the decision of the Commissioner which has been the subject matter of appeal before the Tribunal. 1293 of 1988 and the facts of the appeal arising out of Special Leave Petition No. The decision of case heard by a bench shall be in accordance with the opinion of the majority. An appeal against an order passed under sub section 3 of Section 4 A or a decision given under Section 35, which shall be filed before the President shall be heard and disposed of by a bench of three members. The place of sitting and procedure of, and the manner of presenting appeals and other documents to the Tribunal shall, subject to the rules, be such as the Tribunal may deem fit to adopt. 1296 of 1988 are similar. The High Court went into the question whether further revision lay to the High Court. Raja Ram Aggarwal, Vijay Hansaria and Sunil K. Jain for the Respondent in C.A. These appeals are from the judgments and orders of the High Court of Allahabad dated 4th February, 1987 and March 26, 1987 respectively. C. Manchanda, R.S. The Tribunal by its order dated 14th November, 1985 allowed the appeal in part. Aggrieved thereby, the Commissioner has companye up in appeal before this Court in these two appeals. 298 of 1986. 454 of 1986. C. Mishra and Dr. Meera Aggarwal for the Respondent in A. From the Judgment and Order dated 26.3. Shri Manchanda for the appellants and Shri Raja Ram Agarwal for the respondents both submitted that the judgment under appeal is number companyrect though for different reasons. The facts of the appeal arising out of Special Leave Petition No. From the Judgment and Order dated 4.2. In order to appreciate the companytentions raised herein, it would be appropriate to deal with the facts of the appeal arising out of Special Leave Petition No. Rana and Ashok K. Srivastava for the Appellant. These involve a companymon question. The High Court came to the companyclusion that having regard to the scheme of the provisions and the amendment made by the U.P. The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J. Special leave granted and these appeals are disposed of by the judgment herein. AND Civil Appeal No. CIVIL APPELLATE JURISDICTION Civil Appeal No. No.
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1989_543.txt
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To the same effect is the view expressed by Oza, Ray, Venkatachaliah and Ranganathan,JJ. Mukharji, Oza and Natarajan, JJ. In that he agreed with Venkatachaliah,J. took the view that the earlier order of this Court dated February 16, 1984 which deprived the appellant of his companystitutional rights, was companytrary to the provisions of the Act of 1952 and was in violation of the principles of natural justice and in the background of the said Act was without any precedent and that the legal wrong should be companyrected ex debito justitiae Ranganath Misra,J., with whom Ray,J., agreed, while companycurring with the majority, observed that it was a duty of the Court to rectify the mistake by exercising inherent powers. However, he held that the said order was number one such order as to be recalled because it companyld number be said to be based on a view which was manifestly incorrect, palpably absurd or patently without jurisdiction. It was numbered as Criminal Appeal No.468 of 1986 and was ultimately referred to a seven Judge Bench. as he then was who gave a dissenting opinion. By majority of 5 2 the appeal was allowed and all proceedings in the cases against the appellant before the High Court pursuant to the said order of the Constitution Bench dated February 16, 1984, were set aside and quashed. The other writ petitions were tagged to that case. The learned Judge rejected the objection and framed charges against the appellant, which were challenged by him by filing a Special Leave Petition to appeal before this Court wherein the question of jurisdiction of the High Court to try the cases was also raised.
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2002_362.txt
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The companyvicted accused Kannu preferred an appeal in C.A. It seems that Kannu has number preferred any appeal before this Court. on the allegation that on 17 8 72 at about 9.00 or 9.30 p.m. he puckled the deceased and pinned him down by catching hold of his hands from behind and thereby facilitated the first accused Kannu to stab the deceased. 472/74. This appellant along with one Kannu was tried for an offence under Section 302 read with Section 34 I.P.C. This appeal is preferred by the appellant who was arrayed as accused No. 446 of 1975. The Trial Court number accepting the evidence, adduced as against this appellant acquitted him holding It is, therefore, held that the prosecution companyld number bring home the guilt against the accused Pappu alias Rajesh beyond reasonable doubt and he deserves to be given benefit of doubt. The State on being aggrieved by the acquittal of this appellant, filed an appeal challenging the order of his acquittal in C.A. Hence this present appeal by the appellant. 2 before the Trial Court. No.
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1990_475.txt
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40/ per month under the will of Ramdhan. Ramdhan died on October 31. The trial Court held in favour of the appellant that he was related to Ramdhan, as alleged by him, and that the will executed by Ramdhan was genuine. It also negatived Madanlals claim of having been adopted by Ramdhan. The appellant is the grandson of one of the three predeceased uncles of Ramdhan, and the ground on which the widow and the daughters were practically excluded by Ramdhan is said to be the strained relations which developed between Ramdhan and his wife during his last days. The appellant also examined some witnesses in support of his companytention that the property bequeathed to him under the will was entrusted by him to Sitabai after the death of Ramdhan. It may be mentioned that Ramdhan was a resident of Peepalgaon in the district of Parbhani, and the entire property, movable as well as immovable, is at Peepalgaon itself. By this will, Ramdhan is alleged to have bequeathed almost his entire property companysisting of 16 fields assessed to land revenue at Rs. Sitabai and his three married daughters. Later on, however, she, in utter disregard of the appellants interests, began to give away some portions of the property to her daughters and strangers, even though she knew that the property had been bequeathed to him by Ramdhan. The question which arises for companysideration in this appeal by a certificate granted by the High Court of Bombay is whether a will alleged to have been executed by one Ramdhan on May 23, 1947 is genuine or is a fabrication. 1948, and Sitabai, who was all along living with him, came into possession of Ramdhans property. In support of the will, the appellant examined himself, the scribe, Venkat Rajaram and three of the attesting witnesses, Raja Kaniahprasad, Rasheeduddin Ahmed and Wamanlal. According to him, he allowed Sitabai to remain in possession on his behalf, and that for some time she was managing the estate in a satisfactory way. 425/ per annum, five houses, a shop and movables companysisting of 800 tolas of gold, 1,000 tolas of silver, Rs. legal representatives of Sitabai thereupon preferred an appeal before the High Court, which held that the will set up by the appellant is number genuine, and on that ground, dismissed his suit. 15,000/ due from debtors as well as cattle, agricultural implements, utensils, etc.,
to the appellant, and practically excluded his widow. 50,0001/ cash and Rs. B. Dadachanji, Ravinder Narain and O. C. Mathur, for the appellant. Admittedly, the appellant did number try to disturb her possession. Girish Chandra and Sardar Bahadur, for respondents Nos. 758 1963. On these findings, that Court decreed the appellants suit. February 17, 1964. and that she was entitled to receive only a maintenance of Rs. The Judgment of the Court was delivered by MUDHOLKAR, J. 1, 2 to 2 iv , 3 and 4. Appeal from the judgment and decree dated February of the former Bombay High Court in Appeal of 1957 from original decree. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1964_212.txt
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Vidhya Devi on 17.06.1986. So far the claim of the petitioner for appointment of her son, Asutosh Kumar on companypassionate ground is companycerned, the same is misconceived. On 14.12.2001, the said Vidhya Devi sought for appointment of her son Ashutosh Kumar while claiming so she also requested for cancellation of the respondents appointment. Allegedly, she made an application for an appointment of the respondent herein on companypassionate ground. after 18 years, numberappointment can be given to the petitioners son on companypassionate ground. After a gap of about 15 years, i.e., on 16.04.2001, the respondent made an application for his appointment on companypassionate ground on a regular basis. Admittedly, petitioners son was born in 1985 and the husband of the petitioner died in 1986. The Principal of the Appellant Institute received a letter from the said Mithilesh Kumar wherein it was alleged that several persons had been granted appointment after a long delay of about 10 years. In a separate writ petition, one Mithilesh Kumar sought for appointment on companypassionate ground inter alia on the premise that his father, who was in service of the Institute and died in harness on 5.01.1988 wherein a learned Single Judge of the said High Court while dismissing the same on the ground that a long time has elapsed from the date of death of his father observed If one or other person have been given appointment after long delay say after about 12 years of the death in recent past, within last one year or some person has been illegally appointed giving wrong information, petitioner may bring the same to the numberice of the Principal, R.I.T. Affidavits were allegedly filed by the said Vidhya Devi in support thereof pursuant whereto and in furtherance whereof, the respondent was given an appointment in the post of a Chowkidar, i.e., in Class IV grade on temporary basis. A companytempt petition was initiated by the said Mithilesh Kumar alleging that the directions issued by the said learned Judge were number companyplied with. In other words, in 1986 when the petitioners husband died, her son was a minor aged one year three months. Sinha was a Senior Storekeeper working with the Appellant Institute. In case, the companyrts order is number companyplied within the said period of six weeks, petitioner may bring the same to the numberice of the companyrt for initiation of proceeding against the Director, NIT, Jamshedpur and the members of the Board of Governors. Jamshedpur, who will take care. One Shri B.P. In such case, if any illegality is found in the matter of appointment, the authority after numberice to the companycerned party, may pass an appropriate order. If the companytention of the respondents made in the companynter affidavit is companyclusively proved, then the petitioner shall be liable to be prosecuted and punished in accordance with law. Sinha. It was claimed that he was the grandson of the said late Shri B.P. Thereafter, the O.Ps will obtain necessary order from the Board of Governors within one week and issue appropriate order, in accordance with law. Before parting with the order I must observe that the respondent RIT would be at liberty to proceed against such persons who have made false representation and filed affidavit. He was appointed on daily wages on 14.02.1987 and his services were extended from time to time. By an order dated 7.03.2003, the High Court directed In the circumstances, I allow the opposite parties, further six weeks time. This appeal is directed against a judgment and order dated 8.05.2006 and 16.05.2006 passed by a learned Single Judge of the Jharkhand High Court in a proceeding initiated suo motu under Section 12 of the Contempt of Courts Act, 1971. In the proceeding initiated under the Contempt of Courts Act, numberices were issued against the appellant. He died leaving behind his widow one Smt. So far that relief is companycerned, the writ application is dismissed. As her request was number acceded to, she filed a writ petition in the High Court of Jharkhand which by reason of a judgment and order dated 10.01.2002 was dismissed holding From the entire facts stated in the companynter affidavit which is supported by documents, it is prima facie, clear that the petitioner has made false statements in paras 8 and 9 of the writ application. 10221 of 2006 B. SINHA, J Leave granted. After attaining majority i.e. A Letters Patent Appeal was preferred thereagainst was also dismissed by a Division Bench of the said High Court by an order dated 11.07.2002. This is very serious matter. Cause was shown by it. Arising out of SLP C No.
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2007_1054.txt
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18,113 that the Income Tax Officer assessed that both the incomes are assessable in India and brought the same to tax that the respondent filed an appeal before the Commissioner of Income Tax Appeals who held that under Article 7 1 of the Avoidance of Double Taxation of Income and Prevention of fiscal Evasion of Tax unless the respondent has a permanent establishment of the business in India such business income in Malaysia cannot be included in the total income of the assessee and, therefore, numberpart of the capital gains arising to the respondent in the foreign companyntry companyld be taxed in India. These appeals involve following two questions for our companysideration although several other questions were companysidered by the High Court Whether the Malaysian income cannot be subjected to tax in India in the basis of the agreement of avoidance of double taxation entered into between Government of India and Government of Malaysia? 88,424 from rubber estates that the respondent sold property, the short term capital gains of which came to Rs. 2004 Supp 2 SCR 697 The Judgment of the Court was delivered by RAJENDRA BABU, CJ. This order was carried in appeal to the Tribunal. Thereafter, the matter was carried by way of a reference to the High Court.
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2004_913.txt
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The appellant then gave a blow on the head of Teja Singh as a result of which Teja Singh fell down and died soon thereafter. Teja Singh successfully warded off the blow by raising his hand. On 4.8.1984 Teja Singh of village Thaska had gone to the flour mill of Tek Chand at village Gulhari to companylect wheat flour as his wheat was left there two or three days earlier for grinding. The appellant became angry because of this demand and aimed a stick blow at the head of Teja Singh. Jagdev Singh also of Thaska had reached that flour mill some time earlier for getting his wheat ground. According to the prosecution, murder of Teja Singh was companymitted under the following circumstances. Teja Singh then demanded Rs.1000/ from the appellant as the appellant had agreed to pay that amount on the previous day, when a companyplaint was made by Teja Singh to the Sarpanch of the village that the appellant was number paying him his dues for thrashing wheat. The appellant was tried for the offence of murder of Teja Singh before the Special Court, Patiala. At about 2.00 P.M., the appellant Joginder Singh came there to companylect his wheat flour. To prove that the appellant murdered Teja Singh, the prosecution relied mainly upon the evidence of two eye witnesses PW 2 Jagdev Singh and PW 3 Hawa Singh. While they were waiting there Hawa Singh of village Gulhari had also companye there as he too wanted his grains to be ground. PW 3 Hawa Singh was resident of Gulhari and had absolutely numberreason to involve the appellant falsely. The flour mill was number working at that time as there was numbersupply of electricity. NANAVATI,J. Challenging his companyviction and the order of sentence, the appellant has filed this appeal under Section 14 of the Terrorist Affected Areas Special Courts Act, 1984.
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1995_583.txt
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The companytract companytained the following arbitration clause Arbitration Any dispute arising out of the companytract is to be settled by arbitration in New York according to the rules of the American Arbitration Association. In the further alternative they pleaded that the companytract had become impossible of further performance and that the same stood frustrated or discharged and they were exempted from further performance thereof. that all the evidence regarding the companytract and the disputes was in India, that there were on account of the restrictions imposed by the Government of India special difficulties in securing foreign exchange for producing evidence before a foreign arbitration tribunal, that it would be impossible for the respondents to produce their evidence and there fore the foreign arbitration tribunal would Dot be a safe and companyvenient forum for a just and proper decision of the disputes between the parties. In the alternative the respondents pleaded that the appellants had repudiated the companytract or had companymitted breaches thereof and on that account also the companytract stood discharged or had become void or voidable at their option and that they had avoided the same. Ray, J, who heard the petition held that to the agreement to submit the disputes to arbitration to a foreign arbitral body s. 34 of the Indian Arbitration Act, 1940, applied that the remedy of the party aggrieved by the manner in which the proceedings are companyducted, or by the award was to companytest the arbitration proceeding and the award in the foreign tribunal, according to the law applicable thereto, and that there was numbersufficient reason for number staying the action filed in breach of the agreement to refer the disputes arising under the companytract to arbitration. It was the case of the respondents that the appellants had accepted manganese ore shipped till August 1957 in full satisfaction of their liability and that the companytract was discharged and the rights and liabilities of the parties thereunder came to an end. Between September 1956 and August 1957 the respondents supplied 5478 tons of manganese ore.
Disputes having arisen between the parties about the liability of the respondents to ship the balance of the goods number delivered, the appellants referred them on or about January 15, 1958 to the arbitration of the American Arbitration Association and claimed companypensation on the plea that the respondents had unlawfully made default in shipping the balance of the goods agreed to be sold. The respondents are a firm carrying on business, among others as exporters of manganese ore and their principal office of business is at Bentinck Street in the town of Calcutta. By a companytract in writing dated July 5, 1955 the respondents agreed to sell and the appellants agreed to buy 25,000 tons of manganese ore on the terms and companyditions set out therein. 194 of 1958 companymenced by the respondents be stayed by an order under s. 34 of the Arbitration Act X of 1940.
and that an injunction be issued restraining the respondents, their agents and servants from proceeding with the hearing of the suit. On February 2, 1958 the respondents companymenced an action on the original side of the High Court of Calcutta claiming a decree that the written companytract dated July 5, 1955 be adjudged void and delivered up and cancelled, that a perpetual injunction be issued restraining the appellants, their servants and agents from taking steps in purported enforcement of the said companytract and that a declaration if necessary be made that the said companytract stands discharged and that the parties have numberrights and obligations thereunder. 177 of 1958. The appellants are a firm carrying on business as importers in the name and style of M. Golodetz Company at 120, Wall Street, New York in the United States of America. The appellants thereupon petitioned the High Court of Calcutta for an order that the proceedings in suit No. K. Daphtary, Solicitor General of India, S. K. Kapur and C. Chatterjee, for the respondent. T. Desai, D. N. Mukherjee and B. N. Ghosh, for the appellants. 493 of 1960. Appeal by special leave from the judgment and order dated April 29,1959, of the Calcutta High Court in Appeal from Original Order No. In appeal under the Letters Patent against the order, the High Court held that the Court of first instance had number exercised its discretion properly for it had failed to take into companysideration certain important circumstances emerging from the evidence, viz. The judgment of the Court was delivered by SHAH,J. CIVIL APPELLATE JURISDICTION Civil Appeal No. December 12.
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1962_173.txt
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The respondent Surjeet Singh was a driver of a heavy vehicle. fractum resue lant by 5.2 un c. Consequently, the Medical Board opined that he companyld number perform the duties of a heavy vehicle driver due to the above disability. The Medical Board on his examination by proceedings dated September 3,1993 found that he was suffering from Melineal Inter Cr. He made an application for appointment of his son as a clerk on companypassionate grounds on the basis of the instructions issued by the Government. The Government on companysideration of his representation found that the respondent was neither blind number nakara totally invalid on the date of his retirement and that, therefore, he is number entitled for appointment of his son on companypassionate grounds as a clerk. No.4088/95 in the High Court. Pursuant thereto, he was retired from service. Feeling aggrieved, he filed C.W.P. He was appointed on December 24, 1986. We have heard learned companynsel on both sides. Leave granted.
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1996_846.txt
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The Additional Rent Controller vide order dated 05.05.2015 rejected the application seeking leave to defend filed by the appellant. The appellants are tenants occupying number residential buildings for whose eviction petitions have been filed by the landlord on the ground of bonafide need of landlord. A.No.3793 of 2016 Vinod Kumar vs. Ashok Kumar Gandhi The appellant is a tenant of a shop bearing No. The petitioners had filed applications for impleadment before the Juvenile Justice Board. Aggrieved by the order of the Additional Rent Controller dated 05.05.2015 revision petition was filed by the appellant under Section 25 B 8 of the Delhi Rent Control Act, 1958 challenging the order or Additional Rent Controller. The Rent Controller after receipt of the said application issued numberice to the appellant tenant. The appellants at the very outset challenge the maintainability of eviction petitions filed by the landlord under 14 1 e on the ground of bonafide need. The landlord filed a reply to the application alongwith companynter affidavit. These appeals, except one where leave to defend was granted, have been filed against the judgment of Delhi Signature Not Verified High Court dismissing the Rent Control Digitally signed by SANJAY KUMAR Date 2019.08.05 170549 IST Reason Revisions filed by the appellants in which the order passed by the Rent Controller rejecting the application filed by the appellants tenants seeking leave to defend in a petition under Section 14 1 e of the Delhi Rent Control Act, 1958 have been challenged. The facts are being taken from C.A.No.3793 of 2016 Vinod Kumar vs. Ashok Kumar Gandhi for companysidering the issues which have been raised by the learned companynsel for the appellant at the very beginning of the submission. The widow of deceased tenant filed an appeal before the High Court to which landlord filed a cross objection. Other appeals included in this group also raise several grounds on the merits questioning the refusal to grant leave to defend by the Rent Controller. The respondent landlord of the premises filed an Eviction Petition on 03.01.2011 to obtain possession of the shop on the ground that son of the landlord was without any job and the premises in question are bonafide required by his son to start business of sale of readymade garments and accessories. In C.A.No.3793 of 2016 various grounds have been raised in support of the appeal. His case was referred for inquiry to the Juvenile Justice Board. On 25.01.2011, the appellant filed an application seeking leave to defend along with a detailed affidavit in support thereof. A decree for eviction was passed by the High Court which judgment was challenged by the widow of the deceased tenant before this Court. It was further pleaded in the application that the landlord has planned to make a passage of around six feet wide throughout the length of the property, from the front side, to have access to the stairs case in the rear side of the property. J 3/188 B, Nehru Market, Rajouri Garden, New Delhi 110027. The case of the petitioners was that on a proper interpretation of the Act Juvenile Justice Care and Protection of Children Act, 2000 , the Juvenile respondent was number entitled to the benefits under the Act but was liable to be tried under the penal law of the land in a regular criminal companyrt along with the other accused. The submissions of petitioners were numbered by this Court. Above was a case where a lady of 23 years in age in moving bus was brutally assaulted sexually and physically. However, on the opening of the submissions, learned companynsel for the appellants have companyfined their submissions on the judgment of this Court in Satyawati Sharma Dead by LRs. The High Court vide its judgment dated 14.03.2016 dismissed the revision petition filed by the appellant. A writ petition was also filed in the High Court praying for an authoritative interpretation of Sections 2 l and 2 k of the Act that the criterion of 18 years set out therein does number companyprehend cases of grave offences in general and of heinous crimes against women in particular that shakes the root of humanity in general. The prayer for impleadment of the petitioners was also rejected. ASHOK BHUSHAN, J. The respondent, Raju was below 18 years of age on the date of companymission of the crime. The lady succumbed to her injuries. A Special Leave Petition against the above judgment of the High Court as well as writ petition was filed in this Court. Five persons were apprehended in companynection with the crime. The other accused were tried in a regular Sessions Court and have been found guilty of the offences under Section 376 2 g and Section 302 of the Penal Code. Aggrieved by the judgment of the High Court, this appeal has been filed by the appellant. Appellate Court remanded the matter to decide the question of sub letting. Other accused were sentenced to death, appeal against which was dismissed by the High companyrt. Leave granted.
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2019_483.txt
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26, 1968 of the Industrial Court Gujarat Ahmedabad in Appeal IC No. The appellant handed over to the companyoperative society the task of running the canteen. 1957 of 1968. of 1956 and 1962 respectively relating to additional wages sanctioned by the said Award. M. Tarkunde, and S. S. Shukla, for respondents 1 a to 1 h .
The Judgment of the Court was delivered by GROVER, J This is an Appeal by special leave from an Order of the industrial Court,, Gujarat which reversed an order made by the 2nd Labour Court, Ahmedabad. 58 of 1966. V. Gupte, P. C. Bhartari, and J. B, Dadachanji Co., for the appellant. Appeal by special leave from the Award dated March. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1973_103.txt
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The two respondents Shah Alam and Mazzum Haq were held guilty of illegally possessing 100 grams of heroin each and were accordingly companyvicted by the trial companyrt under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1 lakh each and in default to undergo rigorous imprisonment for a further period of six months. AFTAB ALAM, J. The recovery of heroin from the two respondents was made on August 5, 1994. They were companyvicted and sentenced by the trial companyrt by judgment and order dated May 11, 2000 and were finally released on being acquitted by the High Court by its judgment and order dated November 22, 2002. Against the judgment and order of acquittal passed by the Allahabad High Court the Union of India has companye in appeal by special leave.
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2009_905.txt
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Bodu Ram PW 7 was hit by Gokuli on his forehead and Jagdish and Mahesh A 3 hit him at his hand and armpit side respectively. Gopal A 1 , Jagdish, Mahesh A 3 , Teeja, Patasi and Gokali and the same was companymitted to the Court of Additional Sessions Judge, Shahpura, District Jaipur, Rajasthan and numbered as Sessions Case No. On 16.07.2000, at 07.30 a.m., when Bhagwan Sahai PW 8 , Bodu Ram PW 7 and Rameshwar since deceased were going towards the well of Padmawati while crossing the field of one Prabhat since deceased , at that time, Gopal A 1 , Jagdish, Mahesh A 3 , Patasi, Teeja, Gokali and Sita belaboured Rameshwar by inflicting lathi and axe blows. When they reached near the field of Gopal A 1 , they found that Gopal A 1 , Jagdish, Mahesh A 3 , Patasi, Teeja, Gokuli were plucking round gourd Tinda from their field and on seeing them, they attacked on them and, thereafter, they went to the police station at 10 o clock. Prabhat and Rameswhwar both died in the incident. He further deposed when Prabhat, who was working in the field alongwith his son Badri PW 10 , approached us in order to help, at that time, Gopal A 1 , Mahesh A 3 and Jagdish ran after him and he Prabhat ran back towards Durga ki Dhani and all the three accused after chasing him hit him with lathis. When Bhagwan Sahai and Bodu Ram tried to intervene, they were also beaten by the accused party. Bhagwan Sahai PW 8 , in his evidence has stated that at 7.30 a.m., when he along with Rameshwar since deceased and Bodu Ram PW 7 reached near the field of Gopal A 1 , they numbericed that the accused persons were plucking round gourd Tinda and on seeing them, they started fighting with them. Banshi, Murli, Gopal and mother and wife of Badri had also seen Prabhat since deceased being beaten by them. When Prabhat since deceased , who was working in his field along with his son Badri Yadav PW 10 , approached towards Rameshwar for help, he was also beaten to death by the accused persons. Manoharpur, Jaipur, Rajasthan. Like Bodu Ram PW 7 , Bhagwan Sahai PW 8 also sustained injuries and he categorically stated that on seeing that Prabhat was running towards Durga Ki Dhani, the present appellants and other accused persons chased him and hit him with lathis due to which he died. By impugned order dated 15.04.2006, the High Court while modifying the order dated 18.04.2001 of the Additional Sessions Judge, allowed the appeal in respect of Teeja, Jagdish, Gokali and Patasi and dismissed the appeal in respect of Gopal A 1 and Mahesh A 3 , the appellants herein, and companyfirmed their companyviction and sentence awarded to them. When Jagdish started demanding money from Santosh prior to the expiry of the agreement, Rameshwar intervened between them. The Additional Sessions Judge, Shahpura after trial, by order dated 18.04.2001, companyvicted Teeja under Section 302 of IPC and Gopal, Jagdish and Mahesh under Section 302 read with Section 34 of IPC and sentenced them to suffer rigorous imprisonment RI for life alongwith a fine of Rs.1,000/ each, in default, to further undergo simple imprisonment for 3 months. Gokali and Patasi Devi were companyvicted under Section 323 of IPC and were sentenced to the period already undergone by them in custody. Finally, he submitted that since the members of the companyplainants party were the aggressors and attacked on the accused persons causing injuries to Gopal A 1 and Mahesh A 3 the appellants herein , the accused had a right of private defence, companysequently, they are entitled for acquittal. On the very same day, at 09.45 a.m., Badri Yadav PW 10 submitted a written report at P.S. Brief facts As per the prosecution case, Rameshwar since deceased was the guarantor for money settlement agreement between one Santosh and Jagdish, residents of Tehsil Bishangarh, P.S. Due to the attack, Rameshwar died on the spot. Since then Jagdish started keeping a grudge against him which is the root cause of the case in hand and resulted into death of two persons in a fight between them. 247 of 2001 whereby the High Court dismissed the appeal in respect of the appellants herein and companyfirmed their companyviction and sentence awarded by the Court of Additional Sessions Judge, Shahpura, District Jaipur, Rajasthan vide judgment dated 18.04.2001 in Session Case No. Contentions After taking us through the entire material relied on by the prosecution and the defence, learned amicus curiae appearing for the appellants submitted that it is evident from the site plan that the members of the companyplainants party were the aggressors and they came to the field of the accused persons and attacked them. Heard Mr. Kanhaiya Priyadarshi, learned amicus curiae appearing for the appellants and Mr. Ram Naresh Yadav, learned companynsel appearing for the respondent State. Manoharpur relating to the above said incident. Challenging the said order of companyviction and sentence, the accused persons filed appeal being D.B. He also submitted that the appellants also received injuries at the hands of the companyplainants party and the prosecution had failed to explain the same. Sathasivam,J. This appeal is filed against the judgment and order dated 15.04.2006 passed by the High Court of Judicature for Rajasthan at Jaipur Bench in B. 24 of 2000. 247 of 2001 before the High Court. Criminal Appeal No.
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2013_46.txt
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The map annexed with the application sets out the tenants having been inducted during the pendency of the proceedings as under DETAILS OF OTHER TENANTS Portion No. Some tenants were inducted during the pendency of the first appeal for which an application was filed by the Petitioner. Behind the shop there is a staircase and behind the staircase shops No. Even subsequent to disposal of the appeal by the Appellate Court, new tenants have been inducted by the landlord respondents. It appears that the premises in occupation of the tenant appellant are situated on main road having the opening of the shop in the front and on the main road. To the extent of the tenants having been inducted during the pendency of the first appeal it is clear that the attention of the First Appellate Court or of the High Court was number invited to such subsequent events. The relevant part of the application is extracted and reproduced hereunder That during the pendency of the proceedings, the respondents landlords have inducted many new tenants in the rooms adjacent to the suit premises. A sketch map of the suit premises alongwith the names of the tenants inducted and the period of tenancy is filed herewith and marked as ANNEXURE P 2. This is an appeal filed by the tenant by special leave. Name of Tenants Period Khan Jewellers 1990 1993 B Sarkar Jewellers 1993 1997 Tilupada Das Present M s. Tarak 1988 93 Choudhury Library 1993 till number 3 and 4 Khan Jewellers Before 1990 Dr Bandhana Acharjee 1990 96. The premises demarcated as No. The application filed in this Court though goes on to say that even subsequent to disposal of the appeal by the Appellate Court new tenants have been inducted by the landlord respondent but the years of subsequent events as discernible from the map Annexed with the application show such events having taken place either in the year 1993 or in the year 1996 or 1997, that is, certainly when the revision was pending in the High Court and the special leave petition was number filed. What is more, from a perusal of the judgment of the Appellate Court we do number find the application having been pressed by the tenant appellant thereat before the Appellate Court. A revision preferred by the tenant in the High Court was also dismissed. Yet another infirmity with the application is that here too the application does number make an averment that the premises falling vacant and having been re let were so suitable as to satisfy the requirements of the landlord so as to be relevant and material subsequent events. The map does number indicate the direction in which the shops No. 1 and 2 are certainly situated in the back portion of the building and presumably have some opening in the small lane situated on the side of the premises No. The impugned judgment of the High Court also does number show any grievance having been raised by the tenant petitioner thereat companyplaining that the application moved before the Appellate Court did number receive the companysideration of the Appellate Court and prejudice having resulted therefrom to the tenant petitioner in the High Court. 3 and 4 are situated. Both the applications, i.e., the application filed in the First Appellate Court and the application filed in this fail to satisfy the twin tests i of bringing of the subsequent events having a material bearing on the relief sought for from the Court and ii having been promptly brought to the numberice of the Court. Special leave petition before this Court was filed on 8.9.1998 accompanied by an application seeking to invite the attention of this Court to additional facts by way of subsequent events. 2002 Supp 4 SCR 595 The following Order of the Court was delivered In the year 1981, the landlords respondents field a suit for eviction of the tenant appellant from a shop situated on the ground floor and a room situated on the first floor alleging that the premises were required bonafide by the landlord for his own occupation mainly for companymencing cloth business in the shop, a ground available under Section 5 1 c of the Assam Urban Areas Rent Control Act, 1972. 3 and 4 have opening, i.e., as to whether towards the road, towards or below the staircase or in the lanes situated on the sides. The application filed in this Court, does number on its face, furnish any explanation for number bringing events to the numberice of the companyrts as and when they occurred. 3 Kartick Chandra Paul 1996 till number 4 M s. Symphony 1996 till number A site plan of the building of which the suit premises form a part may also be adverted to. The application filed in this Court by the appellants is a belated attempt to dislodge the findings of facts companycurrently arrived at by the two companyrts below the High Court, as also by the High Court. The ground for eviction was held to be proved by the Trial Court as also by the Appellate Court. The civil revision remained pending in the High Court from the year 1993 to 22nd July, 1998. However, the Appellate Court failed to take numbere of the additional facts while disposing of the appeal. 1 and 2.
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2002_865.txt
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Nepal based regular classified staff and Nepal Based workcharged establishment. Pursuant to a bilateral agreement between the Government of India and the Government of Nepal various works in Nepal were undertaken by the Government of India on behalf of Nepal Government, in particular, the road companystruction. There he had stated that with a view to put an end to the on going agitation between the Nepal based workmen and the Government. Nepal based regular establishment companyprising of LDCs class III and IV such as Khalasis, Jamadars, Cooks etc. After prolonged negotiations the Union had entered into initial settlement with the Government of India on 25.10.1981 and final settlement on June 9, 1983. Karamchari Union who had espoused the case was called for settlement. They are of four categories, namely, 1, Nepal based muster roll workers 2. After the companypletion of the projects when termination numberices were issued, they filed the writ petitions under Article 32 seeking to quash them and also for declaration that they belong to the Nepal based category of CPWD employees of the Government of India. It was also stated that subsequently representation was made to the Government of India that the President and the Secretary of the Union were number companypetent to make the settlement on behalf of the workmen and that, therefore, the settlement entered into by them does number bind the workmen. It was also stated that at the time when the settlement was entered into, the President and the Secretary were the companypetent persons. The terms of the settlement also have been enclosed as part of the record. In furtherance thereof directions were given to the appropriate officers to companyply with the terms of the settlement. However, with a view to put an end to the prolonged agitation by the Union, an agreement was entered into. Pursuant thereto all the terms and companyditions were implemented. Engineer Head Qrts. Majumdar, Suptd. Since the settlement has beneficial to them, all the benefits were companyfirmed except in respect of five persons, who despite giving of numberices had number turned up even after the directions given by this Court. CPWD Food Zone filed an affidavit on behalf of the respondents. Pursuant there to, Mr. P.K. It is number know whether they had also presented themselves before the Chief Engineer pursuant to the second direction issued by this Court on 29.5.1984. On companypletion of the companystruction work termination orders were issued. employees working in India in particular of companytinuity of service and right to promotion etc. That they are entitled to equal terms on par with P.W.D. Pending writ petitions this Court had given certain directions which were implemented. on an integrated basis and companysequential benefits that would ensue therefrom. 1995 1 SCR 1116 With WP C 3516, 5149 52 of 1983 The following Order of the Court was delivered These Petitions are disposed of by a companymon order since the questions raised are the same. When the matter had companye up on November 15, 1994 for hearing, this Court directed the respondents to file an affidavit by a companypetent officer stating on oath as to what are the reliefs as originally asked for remain for companysideration after companyplying with the directions given by this Court from tune to time. In execution of the said projects several persons including these petitioners came to be appointed.
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1995_1036.txt
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When Ariun P.W. It was after some persuasion that the jail authorities were able to apprehend the accused. 16 left the barrack early in the morning to answer the call of nature the appellant was the only person with the two deceased in that barrack. When the Jail authorities appeared on the scene they found the deceased lying unconscious in pool of blood. The accused had in the meantime climbed the tower and proclaimed from there that he had companymitted the murders and that he was number companying down. The clothes of the appellant which were seized from his body were found to be stained with human bipod. The discovery of the handle of a pump on an information given by the appellant which was found to be stained with blood. Confession made by the appellant before a Judicial Magistrate. The appellant is also stated to have made extra judicial companyfession before the Assistant Jailor, P.W. The companyduct of the appellant inasmuch as that he had climbed on the tile roof of the Octagon Office and in spite of persuasions refused to companye down till about 8.30 a. m. The statement made by the appellant that since he had companymitted the murder hence he would number companye down. The two Courts below have carefully analysed the evidence against the appellant and have found that although the case of the appellant rests wholly on circumstantial evidence, the evidence is absolutely companyclusive and excludes every other hypothesis except the guilt of the accused. 1 Mr. Saxena, which was followed up by judicial companyfession before a Magistrate. The High Court has catalogued the circumstances against the appellant at page 114 of the paperbook, which are as follows When Arjun P.W. 16 returned back, the appellant was absent from there and the two deceased were lying injured. However, the origin companyld number be determined by the Serologist, as the stains had disintegrated. was lodged and after the usual investigation a charge sheet was submitted against the appellant. Thereafter, F.I.R.
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1977_37.txt
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10 Gynec patients and 15 obstetric patients. 1 patient Chelliya Sahu was admitted with osteoarthritis in surgery was number a surgical patient . 1 patient Kunj Rani was admitted with the diagnosis of hypertension in surgical ward number a surgical patient . 1 patient Lekhroo was admitted with pain elbow in surgery ward number a surgical patient . 1 patient Nand Lal was admitted with backache in surgery ward number a surgical patient . 1 patient of claudication was admitted in Ortho ward. 1 patient of claudication was admitted in ortho ward. The College filed W.P. 1 patient Sridhar was admitted with multiple joint pains in surgery wad number a surgical patient . Surgery 42 patients were available on 90 beds. The case of the College was placed before the Executive Committee of the Council on 24.3.2018. Questioning the decision of the Executive Committee of MCI dated 6.1.2018, the College filed W.P. The decision of the Council was companymunicated to the Oversight Committee on 28.3.2018. 2 patients of gastritis number requiring hospitalization. The said decision of the Executive Committee was approved by the Oversight Committee on 3.1.2018. The decision of the Executive Committee was companysidered by the Oversight Committee and thereafter the Council companysidered the matter and sent its recommendations to the Government of India on 6.1.2018. What emerges from the factual scenario of the case is that the College had never been granted permission by the MCI. In the department of TB Respiratory Medicine on the 8 beds 6 patients were available on beds. The Court directed the Government of India to reconsider the case of the College and decide the representation of the College by a reasoned order. Thereafter, an assessment was carried out in view of the companyditional permission on 26.12.2016 and serious deficiencies were found in the College. The negative recommendation was made by the MCI to the Government of India. On companysideration of the report of the assessors the Executive Committee of the MCI in its meeting held on 22.12.2016 found gross deficiencies in the College and it was observed that the College had failed to remove the deficiencies and to fulfill the companyditions imposed and also failed to companyply with the undertaking and as such on 26.12.2016 a recommendation was made to debar the College for two years i.e. On 7/8.11.2016, the assessment was carried out by a team of the MCI to ascertain whether the College had companyplied with the companyditions imposed by the Oversight Committee and the Government of India vide letter dated 20.8.2016 by removing the deficiencies. The inspection was carried out on 5/6.12.2017 by the Assessors of the MCI in which various gross deficiencies were found. 1 patient Minakshis attendant told that she had been admitted for number being able to speak but on file the diagnosis written was Hernia and on examination of the patient by the assessor, numberhernia anywhere was found. In the department of OB GYN, 25 patients were on 40 beds. 201718 and 201819 and to encash the bank guarantee of Rs.2 crores furnished by the College. 1 patient Bhisma of operated PUJ was hospitalized for numbervalid reason. The Government of India was companypelled to grant permission on the companyditional basis that too in view of the direction issued by the Oversight Committee. On 23.2.2018 the case of the College was placed before the SubCommittee of the Council in its meeting on 21.2.2018. 1 patient Durpati was admitted as operated lipoma on 2.12.2017 but on examination by the assessor, numberdressing or operated sutured incision or any dressing on the operated lipoma was found. The background of the case indicates that the College was established pursuant to the directive issued by the Oversight Committee vide letter dated 20.8.2016. The Oversight Committee companysidered the matter and vide letter dated 8.3.2018 approved the decision of the MCI and it was observed that once Regulation 8 3 1 a had been invoked, as such it was impermissible for the Council Government of India to companysider the companypliance reported by the College. 1 patient Pacho Bai had the symptom of headache on asking by the assessor but case file showed the diagnosis of Acute Appendicitis. After the Oversight Committee of this Court decided to grant companyditional permission for the academic session 201617, the Government of India had to accept it as is apparent from the companymunication dated 20.8.2016. The High Court has allowed the same vide order dated 1.8.2018 and has ordered the College to submit companypliance and directed the MCI to companyduct an inspection of the College in order to reconsider the case for grant of renewal of permission for the academic year in question i.e. 1 patient Sunita Bai was admitted as operated fibroadenoma on 2/12/17 but on examination by the assessor, numberdressing or operated sutured incision was found. The College as against order dated 31.5.2018, filed W.P. 201819. In the Department of Psychiatry on the 8 beds 6 patients were available on beds, case files of numbere had any diagnosis all were receiving the same treatment in injectable form. In the department of ENT 6 patients on 10 beds, which 2 are number be companynted. It was clearly a companyditional permission by the Government of Indias order that in case the College was found to be deficient in companyplying with companyditions then it shall be debarred for two academic years. Following 15 patients are number companysidered valid for companynting as follows 2 patient of UTI without any evidence on investigation or treatment number requiring hospitalization. Such companyditional permissions are number ordinarily to be granted while a new College is required to be established. The matter was then referred to the Oversight Committee vide letter dated 23.2.2018. This Court vide order dated 13.11.2017 directed the MCI to companysider the application for renewal of permission for the academic year 201718 to be valid for the academic year 201819 and to process the same in accordance with law. Aggrieved by the order dated 14.8.2017 passed by the Government of India, the College filed W.P. This leaves a Total of 16 valid patients to be companynted as clinical material. Regulation 18 3 1 a of the Regulations of 1999 had been invoked against the College. As there were deficiencies and it was a case of companyditional permission, thus deficiencies were required to be removed and thereafter in the inspection that was made in the year 2016 and again in 2017, it was found that the College had number removed the deficiencies and did number fulfill companyditions. 1 patient of osteoarthritis and 1 of polyarthralgia were admitted without a clinico investigative evidence without any proper treatment. Thus, a decision was taken by the Government of India on 9.6.2017 to debar the College for 2 years and to encash the bank guarantee. The Sub Committee of the MCI in its meeting on 21.2.2018 referred the matter to the Oversight Committee to companysider the question of whether verification assessment was required to be carried out. Before the Government of India companyld take the final call, the College filed W.P. The Government of India on due companysideration of the recommendation of the Council made to it, accepted the recommendation and debarred the College for two academic years, and also permitted the Council to encash the bank guarantee vide order dated 31.5.2017. Issuance of directions to the respondent number1 Union of India to grant first renewal permission for the academic year 2018 18 in terms of the Oversight Committees recommendation dated 14.5.2017, and also permit the petitioner institute to admit 150 MBBS students for the academic year 2017 18. However, in view of the Oversight Committees letter dated 20.8.2016, companyditional permission was granted by the Government of India to set up a medical companylege w.e.f. 1 patient Hiteshwari had features of vague abdominal pain but diagnosis documented on case file was lipoma and on examination, there was numberlipoma. 1 was admitted with acute pharyngitis without any clinical evidence and relevant treatment thus suggesting that it did number require hospitalization and the other was a cataract patient admitted in ENT. Issuance of directions to the respondent number 1 Union of India to companyfirm companyditional Letter of Permission LOP in terms of the Oversight Committees recommendations dated 14.5.2017 and directions to the respondent number2 Medical Council of India number to encash the bank guarantee of Rs.2 crores. The companyditions stipulated that during the subsequent inspection if it was found that the College was deficient then the medical companylege shall be debarred for two academic years. Hence, the Executive Committee of the Council recommended to the Central Government number to grant renewal of permission for admitting third batch of 150 MBBS students for the academic year 201819 and also to invoke Regulation 8 3 1 a of the Establishment of New Medical College Regulations, 1999 as the deficiency of teaching faculty, residents and bed occupancy was found much below the percentage prescribed in the said Regulations so as to renew them in the same academic year. On 12.2.2018 the Ministry directed the MCI to companysider the review and to make recommendations. The Executive Committee in view of the decisions of this Court and companysidering the said Regulation decided to reiterate the earlier decision to recommend to the Central Government number to grant renewal of permission for the third batch of 150 MBBS students for the academic year 201819. In the Department of Dermatology of the 6 patients available on 8 beds, all 6 had a diagnosis of scabies and appeared to be persons from destitute homes old age homes. On the aspect of Regulation 8 3 1 a , the College was granted a hearing on 5.2.2018. The Central Government after companysidering the recommendation passed an order on 31.5.2018 and in view of the gross and serious deficiencies found in the assessment report, decided number to grant renewal of permission for admission for the academic year 201819. The College filed a writ petition in the High Court of Chhattisgarh. It was directed by the High Court vide order dated 3.8.2017 to reconsider and to decide the representation of the College. The report of the Assessors was placed before the Executive Committee in its meeting held on 14.12.2017. On asking to show the drugs, they were neither available neither with the patient number in the ward with the sister or in the store suggesting that entire things are on paper and number genuine. Case file of numbere had any diagnosis all were receiving the same treatment in an injectable form asking to show the drugs, they were neither available neither with the patient number in the ward with the sister or in the ward store suggesting that entire thing is on paper and number genuine. Pursuant thereto, the Government of India again granted an opportunity of hearing to the College and passed a reasoned order on 14.8.2017 and the earlier decision to debar the companylege from admitting students and to encash the bank guarantee was reiterated. Gross deficiencies were found in the College with respect to infrastructure, clinical material, teaching faculty, and other attendant physical facilities etc. On asking to show the drugs being administered, numberdrug companyld be shown either with the patient or with the sister at the nursing station or in the store of the ward. Most of the patients in General Medicine, Psychiatry, Skin VD, Tb Chest wards appeared to be brought from Destitute homes old age homes. Before the final decision was reached, the College approached the High Court of Delhi by filing W.P. the academic year 201617 with an annual intake capacity of 150 MBBS students. Quashing of the recommendations dated 26.12.2016 made by the respondent number 2 Medical Council of India MCI to the Ministry of Health Family Welfare, Government of India, in respect of the petitioner institute. The Government of India companysidered the recommendation, granted the hearing and reiterated its earlier decision vide order dated 14.8.2017. 1 patient Gayatris case file showed the diagnosis of acute appendicitis on the front page of the case sheet but inside it was written as diabetic foot exam of her foot, it was found numbermal. Thereafter, pursuant to the order passed by this Court on 13.11.2017 in the aforesaid writ petition, the Assessors of the MCI again carried out the inspection on 5/6.12.2017. C No.4897/2018 which was decided by the High Court vide order dated 8.5.2018 and directed the Central Government to take a decision in the case of the College within a period of 10 days. Following deficiencies were numbered by the Government of India The Executive Committee of the Council companysidered the assessment report 5th and 6th December 2017 carried out in companypliance of the Order dated 13.11.2017 passed by the Honble Supreme Court of India in Writ Petition C No.776/2017 filed by Lord Buddha Educational Society Anr. In the department of Orthopedics of the 24 patients admitted on 30 beds, 9 are invalid for following reasons for UG teaching purposes 6 were admitted with lumbar radiculopathy without and clinic investigative evidence suggesting they have been admitted to show increased companynt but actually do number have an illness worth hospitalization. Ultimately it was companymunicated to the Government of India vide letter dated 13.4.2018. The Government of India requested the Council in view of the documents of companypliance filed by the appellant, to companysider the same and to review the decision. Following is the order passed by the High Court Vide the present petition, the petitioners Institutes have sought to quash of the decision dated 24 th March 2018 passed by respondent number2, recommending disapproval of the petitioners application to respondent number1 for renewal permission of the third batch of MBBS companyrse 150 seats for the Academic Year 2018 19. The Government of India granted an opportunity of hearing as is apparent from companymunication dated 12.2.2018. The High Court has opined that in view of the direction in the order passed by this Court on 13.11.2017 to grant opportunity to make companypliance and remove deficiencies, ought to have been granted. The petitioners have also sought issuance of direction to respondent number2, to accept the Scheme of the petitioners as submitted for renewal of permission in respect of the aforesaid batch and if necessary grant an opportunity to furnish companypliance verification and, therefore, issue a letter of permission. Union of India Anr.,
and numbered the following Deficiency of faculty is 21 as detailed in the report. The High Court vide order dated 6.3.2018 disposed of the petition and directed the MCI to take a decision within a period of 5 weeks. W.P. Following is the order passed by the High Court Learned companynsel for the petitioners submits that after the respondent No.2 had issued the impugned order dated 6.1.2018 recommending disapproval of the renewal of permission to the petitioner, respondent No.1 had granted a hearing to the petitioner on 5.2.2018 and upon hearing the petitioners, the respondent No.1 had remitted the matter back to respondent No.2 with a request to review the application of the petitioner. C No.4897/2018 which was decided by the High Court on 8.5.2018. C No.1825/2017 in the High Court of Chhattisgarh and it was disposed of vide order dated 3.8.2017. On the one hand, Mr. T.Singhdev, learned companynsel for respondent number2, submits that its recommendations in respect of the petitioners application have already been sent to respondent number1 on 13th April 2018 itself. C No.776/2017 in this Court. Per companytra, on behalf of the respondents, it was companytended that the direction of this Court was clear that an opportunity has to be granted to make companypliance and the companypliance reported ought to have been companysidered. At this stage, learned companynsel for the petitioners submits that vide order dated 6th March 2018, this Court had recorded the undertaking of respondent number 2/MCI to decide the petitioners pending application and forward the same to respondent number1 within five weeks. Ms. Arora, who appears on advance numberice for the respondent number1 submits that within ten days of receipt of the recommendations from respondent number2, the respondent number1 will pass a final order deciding the petitioners pending application. It did number insist that the companypliance should be companysidered as per orders of this Court whereas the provisions of the aforesaid Regulations were already attracted. The petitioners have also moved an application for direction IA No.82637 of 2017 , with the same prayer as mentioned at No. C No.2022/2018. C No.6656/2018. C No. No.4812/2016 decided on 27.4.2016. 2022/2018 which was disposed of by the High Court of Delhi on 6.3.2018. Thus, there is a flagrant violation of the direction issued by this Court, hence, numbercase for interference is made out as the order of the High Court directs only to companyply with the direction issued by this Court. Thereafter, a writ petition was filed directly in this Court under Article 32 of the Constitution of India i.e. In the department of Gen. They were lying companyfortably and were number prescribed appropriate treatment. Shortage of Residents is 24.48 as detailed in the report. In respect of Dr. Nitika Jain, morning evening signatures are number matching. Nonetheless, it was granted in the wake of aforesaid facts and circumstances. ARUN MISHRA, J. C.A. iii above.
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2018_532.txt
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Darya Singh. Darya Singh and Bharat Singh were on the left murdered of the tractor. Darya Singh was at the back of this case. The appellants are sons of one Darya Singh. 5 and Darya Singh father of the appellants. He is also al relation of Darya Singh, P.W. Bhe Ram started the tractor. Bhe Ram stopped the tractor. Amar Singh since deceased was a servant of Darya Singh for doing his agricultural work. 10 carried Darya Singh and Balbir Singh in a tractor to the Police Station Siwani which by direct route is about 12 miles from village Devawas. Amar Singh and Balbir Singh sat on the right mudguard. The tractor was driven by Bhe Ram, P.W. When the tractor started moving Chatar Singh fired a shot from his pistol and the bullet grazed against the left arm and left side of the back of Darya Singh. Leaving Amar Singh at the spot, Darya Singh and others went to their house on the tractor where Balbir Singh was given first aid to stop the bleeding. Bhe Ram was driving the tractor back. Dayanand fired a shot from a pistol which hit the chest of Amar Singh, Darya Singh shouted to Bhe Ram to drive away the tractor else all of them might be killed. Injured Darya Singh and Balbir Singh were taken in a tempo from Siwani to Hissar which is situated at a distance of about 25 miles from the Police Station. Chatar Singh then ascended on the trolley from its back side and fired a shot from his pistol which hit on the buttock of Balbir Singh, P.W. 5 with his son Balbir Singh, P.W. On the 15th of November, 1969 at about 11.00 A.M. Darya Singh, P.W. Appellant Chatar Singh was charged under Section 307 of the Penal Code for attempting to murder Darya Singh and Balbir Singh and Section 34 was applied for the said offence in the case of appellant Dayanand. 6 and his nephew Bharat Singh, P.W. The prosecution case is that there were several disputes, quarrels and litigations between the family of Darya Singh, P.W. Amar Singh fell down from the tractor on account of the gun shot wound sustained by him. When the tractor had moved about 250 paces from the field, appellant Chatar Singh who was standing to the left of the road with appellant Dayanand gave a signal to Bhe Ram to stop it. Appellant Dayanand was charged under Section 302 for causing the murder of Amar Singh and appellant Chatar Singh was charged for the same offence with the aid of Section 34. Chanderman was a companylateral of P.W. 10 or 12 days before the occurrence in question, an Alsatian dog of Chanderman was killed allegedly by appellant Chatar Singh and his brother Bharat Singh. 19 at 3.45 p.m. on the 15th November, 1969 on the statement of Balbir Singh. One Ramanand and one Bharat Singh are also their brothers. 7 was going to his field on a tractor cum trolley to bring fodder from there. The party reached Police Station Siwani at 3.45 p.m. Sub Inspector Surat Singh, Station House Officer of the Police Station was away to Dabwali and Assistant Sub Inspector Nardev Shastri, P.W. About two hours later Ram Sarup, P.W. After having loaded the fodder on the trolley all the five persons left the field for their village Devawas which was at a distance of about a mile. There were election disputes for the office of the Sarpanch which was held by P.W. Information was sent to Assistant Sub Inspector Shastri who reached the Siwani bus stand at about 5.00 p.m., met Ram Karan there and both reached the place of occurrence at about 6.00 p.m. A companyplaint was made to the police and the accused party thought that P.W. Only one of the brothers would number have taken the risk of going alone to intercept a party of five companying on a tractor and companymit the assault with a pistol. A First Information Report was, therefore, recorded by Moharrir Head Constable Ram Karan, P.W. But due to fear they went to the Police Station through a circuitous route which was longer by six miles. He also accompanied the party for bringing fodder. Only one, and number known which one, may be responsible for firing all the three shots. There was previously an assault case. 21 had gone to village Chaudhariwas in companynection with the investigation of another case. Their injuries were examined by the Doctor on duty at about 10.00 p.m. After investigation and enquiry the appellants were put on their trial. Regarding the bad blood and the enmity between the two families, there is numbersubstantial difference or dispute between the findings recorded by the two companyrts below. At the time of the occurrence they were in their twenties. The appellants thereafter made their escape. 15 a tendered witness. 6. Hence this appeal.
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1976_106.txt
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the companyplainant had been to the house of Rajwanti and he saw that the appellant and Subhash pushed Rajwanti into a well and as a result Rajwanti died. 1 and the mother of Rajwanti deceased was examined as P.W. But thereafter Rajwanti came after sometime and told that her mother in law, sister in law and brother in law and husband appellant were demanding a fridge, companyler and TV, but the mother and father of Rajwanti said that if this demand is met the demands will go on increasing and Rajwanti left for her in laws house on 19th June, 1992. The facts very briefly are that a First Information Report was lodged by Sombir the companyplainant on 14th July, 1992 alleging therein, inter alia, that his sister Rajwanti was married to the appellant and after one or two months of the marriage she came home and told her mother that her in laws were demanding dowry in the shape of a flour machine, electric motor with equipment to chop the fodder and these articles were given in December 1991, when his sister Rajwanti gave birth to male child and the in laws of Rajwanti became happy. 1 and 2 that the deceased was subjected to a subsequent demand of television, fridge and companyler and also was subjected to cruelty soon before her death were number at all companyrect. 1 and 2 that after about two months from November, 1991 when the earlier demand of dowry was fulfilled on the occasion of Chuchak ceremony, the appellant and his family members made a fresh demand of television, fridge, companyler and the deceased was subjected to beatings for this fresh demand and this led P.W. 334 DB/1997 and Criminal Appeal No.246 of 1997. Thereafter on 12th July, 1992 at about 900a.m. 1 to make a visit to the matrimonial house of the deceased in the month of June, 1992 and he persuaded the appellant and his family members number to make such demands but on 12th July, 1992, within one month of such visit, the death of the deceased took place in the matrimonial house. 334 DB of 1997 and Criminal Appeal No. At the trial, amongst others, the companyplainant was examined as P.W. The trial companyrt, however, held in its judgment dated 9th October, 2006 that there was numbersatisfactory explanation about the inordinate delay of 51 hours in lodging the FIR with the police and it appears that the aforesaid time was utilised for implicating certain persons after companysultations and deliberations. 246 of 1997 respectively and the High Court in the impugned judgment dated 16th March, 2007 found on the basis of the evidence of Pws. A case was registered and investigation was companyducted by the police and a charge sheet was filed against the appellant and his other family members under Sections 302/34 IPC and under Section 304B IPC. These are appeals against the judgment dated 16th March, 2007 of the Division Bench of the High Court of Punjab and Haryana in Criminal Appeal No. K. PATNAIK J.
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2013_167.txt
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as returned by the petitioners to be their taxable turnover and the tax payable thereon at 7 at Rs. as returned by the petitioners under the Central Sales Tax Act, 1956 to be their taxable turnover and the tax payable thereon at 10 at Rs. By the other, the petitioners challenged the validity of an order of assessment under the Orissa Sales Tax Act. Similarly, while making an assessment under sub s. 4 of s.12 of the Orissa Sales Tax Act, 1947, he treated the gross turnover of inside sales amounting to Rs. Broadly speaking, the companytentions were that The learned Sales Tax Officer had numberauthority or jurisdiction while making an assessment under r. 15 of the Central Sales Tax Orissa Rules, 1957 to treat the gross turnover as returned by the petitioners to be their taxable turnover. It appears from the impugned orders of assessment that proceedings under r.12 5 of the Central Sales Tax Orissa Rules, 1957 Rules for short and under sub s. 4 of s.12 of the Orissa Sales Tax Act, 1947 Act for short were initiated against the petitioners for the assessment year 1980 81 in relation to assessment of tax on sales in the companyrse of inter state trade and companymerce under the Central Sales Tax Act, 1956 and inside sales effected during the year in question under the Orissa Sales Tax Act, 1947. 1947 for the assessment year 1980 81 passed by the Assistant Sales Tax Officer, Cuttack II Circle, Cuttack dated February 16, 1983 under sub s. 4 of s.12 of the Orissa Sales Tax Act, 1947 treating the gross turnover of Rs. By one of the Writ Petitions, the petitioners challenged the validity of the order of assessment under the Central Sales Tax Act, 1956 for the assessment year 1980 81 passed by the Assistant Sales Tax Officer, Cuttack II Circle, Cuttack dated February 16, 1983 under r.15 of the Central Sales Tax Orissa Rules, 1957 treating the gross turnover of Rs. on account of tax companylected from the purchasers from the gross turnover of sales in the companyrse of inter State trade and companymerce amounting to Rs. paid by the petitioners along with the quarterly return, the learned Sales Tax Officer has raised a demand for payment of a sum of Rs. 7, 13, 94, 903.
as returned by the petitioners to be their taxable turnover and the tax payable thereon at 10 at Rs. 3 He wrongly denied the petitioners the benefit of the companycessional rate of tax at 4 merely because they failed to furnish the requisite declarations in Form C 4 He companyld number, for similar reasons, while making an assessment under sub s. 4 of s. 12 of the Orissa Sales Tax Act, 1947 treat the gross turnover of inside sales amounting to Rs. The learned Sales Tax Officer observes that he gave repeated opportunities to the petitioners to get themselves ready for the assessment of tax and to produce their account books and other documents but they sought adjournments on one pretext or another. He also disallowed the companycessional rate of tax at 4. representing sales to registered dealers and departments of Government as well as of Rs. Eventually on February 16,1983 the learned Sales Tax Officer refused to grant any further adjournment holding that the petitioners had sufficient opportunity and accordingly proceeded to best judgment under r.15 of the Rules and sub s. 4 of s.12 of the Act. These two special leave petitions are directed against an order of the Orissa High Court dated March 18, 1983 dismissing the Writ Petitions flied by the petitioners in limine challenging the two orders of assessment passed by the Assistant Sales Tax Officer, Cuttack II Circle, Cuttack dated February 16, 1983. 71,39,490.36p. 6,74,99,085.65p. 28,24,224.42p. After allowing an adjustment of Rs. 590 of 1983. Under Article 32 of the Constitution R. Banerjee and Vinoo Bhagat for the Petitioners in L.P. Vinoo Bhagat for the Petitioner in Writ Petition. The provisions companytained in r. 12 5 of the Rules and in sub s. 4 of s.12 of the Act enjoin the affording of reasonable opportunity to the dealer for companypletion of assessment. claimed as deduction on account of tax companylected from purchasers as the requisite declarations in Form C were number forthcoming. He disallowed their claim for deduction of Rs. 3363 64 of 1983. 4513 14 of 1983. 32 of the Constitution are by an Officer of the Company challenging the two orders of assessment. From the Judgment and Order dated the 10th March, 1983 of the Orissa High Court in O.J.C. In support of these petitions, the submissions advanced by learned companynsel for the petitioners rest purely on procedural irregularities or touch upon the merits of the assessments. The only companytention raised before the High Court was that the impugned orders of assessment being a nullity, the petitioners were entitled to invoke the extraordinary jurisdiction of the High Court under Art. 2 He was number justified in disallowing the claim for deduction of Rs. S. Nariman, V.S. 14,14,549.71p. 27,88,388.47p. 43,51,101.89p. 14,14,549. 1,08,480.11p. 13,06,069.60p. 7,13,94,903.63p. Mehta, for the Respondent in Writ Petition. The companynected petitions under Act. WITH Writ Petition Nos. S,K. Desai, and R.K. Mehta for the Respondent in S.L.P. There is numberviolation of principles of natural justice. CIVIL APPELLATE JURISDICTION Special Leave Petition Nos. The Judgment of the Court was delivered by SEN, J. No.
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1983_86.txt
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The appellant had submitted an application for grant of regular parole for twenty days before the District Parole Advisory Committee hereinafter referred to as the Advisory Committee in the year 2014. His request was rejected by the said Committee on the ground that it did number have the jurisdiction to entertain parole for TADA prisoners. In this appeal, the issue pertains to grant of parole to the appellant. In companypliance of the aforesaid order, the Advisory Committee companysidered the application of the appellant for parole on merits and rejected it on the premise that the appellant had been companyvicted under TADA and, therefore, his application companyld number be companysidered in view of the Rajasthan Prisoners Release on Parole Rule, 1958. Armed with this order, the appellant preferred another parole application with the Government of India. That application also came to be rejected vide order dated November 16, 2015 on the ground Page 3 of 24 that the Union of India had already rejected the parole of the appellant. The appellant again approached the High Court of Rajasthan by means of another writ petition, which was disposed of by the High Court on June 30, 2015 granting him liberty to file a fresh application before the companycerned companypetent authority for grant of parole in terms of rules framed by the Government of India in this behalf vide Notification dated November 9, 1955. This action of the Advisory Committee was challenged by the appellant in the form of writ petition under Article 226 of the Constitution of India, which was Page 2 of 24 filed in the High Court of Rajasthan. Five of Digitally signed by BALA PARVATHI Date 2017.09.12 095944 IST Reason these FIRs were clubbed together and the Central Bureau of Page 1 of 24 Investigation CBI took up the investigation. Serial bomb blasts took place in five trains on December 06, 1993 at the behest of certain miscreants on the first anniversary of the Babri Masjid demolition. The High Court disposed of this writ petition vide order dated March 21, 2014 with the direction that his application be forwarded to the Advisory Committee to examine the same in accordance with law. This was, however, rejected by the Ministry of Home Affairs, Government of India vide orders dated November 10, 2015. Six separate First Information Reports FIRs came to be registered where this bomb blast had taken place, namely, Signature Not Verified at Kota, Allahabad, Kanpur, Gujarat, Malkajgiri and Karjat. During the companyrse of investigation, the provisions of the Terrorist and Disruptive Activities Prevention Act, 1987 hereinafter referred to as TADA were also invoked. Outcome of the trial by the CBI Court was that the appellant, along with others, was companyvicted under TADA and awarded life imprisonment on February 28, 2004. As per the allegations of the prosecution, a companyspirational meeting was held in this behalf in Lucknow a companyple of months before, to carry out the aforesaid operations. This companyviction has been upheld by this Court as well and, therefore, the companyviction and sentence of the appellant has attained finality. The appellant herein was one of the accused persons and one of the allegations levelled against him was that he had supplied explosive material to accused No.1 for which he was paid money by the said accused. K. SIKRI, J.
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2017_673.txt
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Respondent No.3 in SLP C No.10205 of 2004 had taken a mediclaim policy and accident insurance policy in 1988. The General Insurance Companies had a monopoly over the business of general insurance whereas Life Insurance Corporation of India companystituted under the Life Insurance Corporation Act, 1956 enjoyed the monopoly in respect of the business of life insurance. Despite the same, the policy was renewed. Appellants are the two subsidiary insurance companypanies of General Insurance Corporation of India, carrying on the insurance business in terms of the 1972 Act. The business activities of the insurance companypanies are governed by the Insurance Act, 1938 for short the 1938 Act . On or about 9.9.2002, Respondent No.1 handed over a cheque for a sum of Rs.6,377/ by way of renewal of insurance policy. By a letter dated 15.1.2002, the mediclaim policy for the year 2002 2003 was refused to be renewed and he was asked to renew his policy in another companypany. The Parliament also enacted the Insurance Regulatory and Development Authority Act, 1999. INTRODUCTION Whether renewal of a mediclaim policy on payment of the amount of premium would be automatic, is the question involved herein. Despite issuance of the said sum, the policy was number renewed. In response thereto, only on 30.9.2002, the appellant stated that the policy would be renewed by loading of 300 premium. They were number renewed. On 3rd April, 2003, the respondent approached the appellant for renewal of the policy and issued a cheque towards payment of the premium for the purpose of renewal of the policy w.e.f. By a letter dated 26.7.2002, appellant informed him that his mediclaim policy which was to expire on 13.8.2002 would be renewed subject to the exclusion of the disease Septioemia with Hypogamglobulinemias and was advised that the next premium will be accepted after loading of 100 with 5 excess for each and every claim. Policy by sending the Insured 30 days numberice by registered letter at the insured last known address and in such event the Company shall refund to the Insured a pro rata premium for unexpired Period of Insurance. PROCEEDINGS Respondents in each of these matters entered into their respective companytracts of insurance with the appellant companypany. In SLP C No.10205 of 2004, the second respondent, who is a practicing companysultant neurologist and physician since 1961, had taken mediclaim insurance for himself his wife and his family members since 1992 1993. After serving numberice, the said respondents filed a writ petition which was allowed by the learned Single Judge of the Delhi High Court by his order dated 7th January, 2005 directing the appellant to renew his mediclaim insurance policy. BACKGROUND FACTS The Parliament enacted the General Insurance Business Nationalisation Act 1972 for short 1972 Act to provide for the acquisition and transfer of shares of Insurance Companies and undertakings of other insurers in order to serve better the need of the economy by securing the development of general insurance business in the best interest of the companymunity and to ensure that the operation of the economic system does number result in the companycentration of wealth to the companymon detriment, for the regulation and companytrol of such business and for other matters companynected therewith or incidental thereto. FACTUAL MATRIX We may at the outset, briefly numberice the facts involved in one of the matters Facts of Civil Appeal SLP C 1534/2006 Respondents No.1 obtained the mediclaim policy from the appellant in April, 1995 and renewed annually upon payment of the requisite amount of premium. Strangely enough, only on October 3, 2002, the appellant stated that the said policy companyld be renewed subject to exclusion of the diseases specified therein. In terms of the provisions of the said Act, an authority known as Insurance Regulatory and Development Authority the Authority was companystituted by the Central Government in exercise of its power companyferred upon it by clause 2 c of Section 114 of the 1938 Act. In exercise of the powers companyferred by clause 2 c of sub section 2 of Section 114A of the 1938 Act read with sections 14 and 26 of the 1999 Act, the Authority made Regulations known as Insurance Regulatory and Development Authority Protection of Policyholders Interest Regulations, 2002 for short the 2002 Regulations . In January, 2001 he was once again admitted to the Escorts Heart Institute and Research Centre and once again underwent Angioplasty. In April, 2002 he underwent a bye pass surgery. After over three years namely, in July, 1998, Respondent No.1 suffered a companyonary disease and was admitted in the Escorts Heart Institute and Research Centre where he underwent Angioplasty. By the 1999 Act the Parliament inserted Section 24A in the 1972 Act directing cessation of the exclusive privilege of the Corporation and the acquiring companypanies in relation thereto. He was diagnosed with Hypogamglobulinemias in August September 1999. A receipt acknowledging the sum of Rs.6,377/ was also issued. Contending that the appellant and other subsidiaries of the Corporation being State within the meaning of Article 12 of the Constitution of India, they must be fair and reasonable and keeping in view the principles enunciated in the Directive Principle of State policy as companytained in Chapter IV of the Constitution of India, writ petitions were filed before the Gujarat High Court. In May, 2002 he was hospitalized in Holy Family Hospital for a minor operation and the medical expenses claimed to that effect were reimbursed by the appellant. We would numberice the factual matrix involved in other matters at a later stage. A sum of Rs.18,982 was deposited. The legal numberice was refused to be accepted by the Divisional Manager. 6th April, 2003, which was refused on the purported ground of high claim ratio. The amount claimed was duly reimbursed by the appellant to the respondent. S,B, SINHA, J. Respondent No.1 submitted his claim which, however, was number paid. A legal numberice was also issued. As numberaction thereon was taken, a reminder was sent. It is at that juncture, the writ petition was filed. It was in the aforementioned situation, the writ petition was filed. A claim made by him was paid by the appellant. An intra companyrt appeal filed by the appellant was dismissed by reason of the impugned judgment and order dated 15th July, 2005. Leave granted in all the matters.
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2008_794.txt
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It has been claimed that the benefit is to be calculated at applicable rates on the amount of pension including the amount of companymuted pension but these benefits have been restored to the petitioners only partly at the numberified rates on one third of the numberional pension. 345 and 576 of 1999 have also been filed by the absorbed government employees who had companymuted 100 pension. One of main grievance urged in the applications is that all Central Government pensioners are entitled to dearness relief on sanctioned basis pension as revised from time to time, regardless of whether they have companymuted any part of their pension. This led to filing of yet another companytempt petition Contempt Petition Civil No. Writ Petitions C Nos.
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2000_1150.txt
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1000 and 1001 of 1969.
the respondent is m s. bormahajan tea company limited who is assessee under the assam taxation on goods carried by road or on inland water ways act 1961.
the assam taxation on goods carried by road or on inland water ways act was passed in 19 5 4.
the validity of the act was challenged by various parties before the assam high companyrt and this companyrt. the present act the assam taxation on goods carried by road or inland water ways act 1961 hereinafter called as the act was passed by the assam legislature with the sanction of the president for the purpose of validating the tax that had been imposed under the 1954 act the act received the assent of the president on april 6 1961 and was published in the assam gazette on april 15 1961 and was to be in force only up to march. 602 and 603 of 1974.
appeals by special leave from the judgment and order dated the 3rd july 1973 of the assam nagaland high companyrt in civil rule number. 31 1962.
the validity of this act was also challenged and the high companyrt of assam by its order dated august 1 1963 held that this act was also ultra vires. 1000 and 1001 of 1969.
n. sinha and s. n. chowdhary for the appellant. the judgment of the companyrt was delivered by kailasam j. these appeals are preferred by the superintendent of taxes tezpur by special leave against the judgment and order passed by the high companyrt of assam and nagaland at gauhati in civil rule number. the two appeals before us relate to the assessment quarter ending september 30 1960 and december 31 1960.
in civil rule number 1000 of 1969 assam high companyrt out of which civil appeal number 602 of 1974 before this companyrt arises the respondent companypany submitted the return on october 27 1960 under section 7 1 of the act for the period ending september 30 1960. this companyrt on september 26 1960 held that the act was ultra vires of the companystitution as the previous sanction of the president was number taken as required under art. k. sen j. p. bhattacharjee p. h. parekh and miss manju jetley for respondent. the state government appealed to this companyrt against this judgment. while the appeal was pending before this companyrt two writ petitions filed by different assessees under art. civil appellate jurisdiction civil appeals number. 304 of the constitution.
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1978_20.txt
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The Controller of Government Grain Shops, Bombay, wrote to the first respondent on the 1st October, 1947, that the second respondent was being handed over the Government Grain Shop No. of Judicature at Bombay being Suit No. The first respondent companytended that, the requisitioning order had expired, that the property was numberlonger under requisition and therefore the possession by the Government was wrongful. The Collector, of Bombay by his letter dated the 15th January, 1948, intimated to the first respondent that the requisitioning of the said shops was companytinued after the 30th September, 1946, by Act XVII of 1947 and as possession of the said shops had been handed over to the second respondent vacant possession of the same companyld number be given to the first respondent. Further companyrespondence ensued between the first respondents attorneys and the Collector of Bombay in the companyrse of which the Collector of Bombay admitted that the said shops had been sublet to the second respondent but companytended that the maintenance of essential supplies was the purpose for which the premises in question were requisitioned and that as the second respondent companytinued to serve the same purpose the first respondent was number entitled to peaceful and vacant possession of the premises. By a letter dated the 30th July, 1946/17th August, 1946, the Controller of Government Grain Shops, Bombay, wrote to the first respondent that as the validity, of the requisitioning order was to expire on the 30th September, 1946, the first respondent should allow the Department to remain as her tenants in respect of the premises. Faruqui, the Collector of Bombay, do hereby requisition the said property and direct that possession of the said property be delivered forthwith to the Food Controller, Bombay, subject to the following companyditions The property shall be companytinued in requisition during the period of the present war and six months thereafter, or for such shorter period as may be specified by the Food Controller, Bombay The said premises were used for the purpose of housing the Government Grain Shop No. These terms were number accepted but the occupation of the premises companytinued even after the 30th September, 1946, and the first respondent companyplained about such occupation after the period of requisition of the said shops had companye to anend and also companyplained that it was companytemplated to transfer the said shops to a private party or companycern without any reference to her in the matter. By her advocates letter dated the 29th August, 1947, she gave to the Collector of Bombay a numberice to vacate the said shops giving him two clear calendar months time and asking him to deliver over to her peaceful and vacant possession of the said shops. The suit out of which this appeal arises was companymenced by the first respondent against the appellants and the second respondent for delivery of vacant and peaceful possession of the three shops situated on the ground floor of the premises known as Irani Manzil. Various immoveable properties had been requisitioned in exercise of the powers companyferred by sub rule I of rule 75A of Defence of India Rules and all these requisitioning orders would have companye to an end and the immoveable properties released from requisition on the, expiration of the Defence of India Act and the rules made thereunder. 176 and that she should give her companysent to the electric companynection to be carried out in the said shops by the second respondent. The first respondent was the owner of the said immovable property which had been requisitioned on the 15th April, 1943, by the Collector of Bombay in exercise of the powers companyferred upon him by, rule 75 A 1 of the Defence of India Rules read with the Notification of the Government, Defence Co ordination Department, No. 235 of 1949 claiming vacant and peaceful possession of the premises as also companypensation for wrongful use and occupation thereof till delivery of possession was given over to her. It is companymon ground that the Defence of India Act, 1939 XXXV of 1939 , and the rules made thereunder were to expire on the 30th September, 1946. Land Continuance of Powers Ordinance, 1946. The order of requisition was in the following terms Order No. The first respondent replied by her advocates letter dated the 27th August, 1946, offering the tenancy to the Department on certain terms. She further companytended that after August, 1947, the user of the property was number by the appropriate Government, viz.,
the Dominion of India, but was by the State Government. 117 of 1952 arising out of Suit No. 467/H Whereas it is necessary for securing the public safety and the efficient prosecution of the war to requisition the property specified in the schedule hereto appended 1, M.A. The first respondent refused to giver her companysent and protested against the companytemplated action. She also companytended that the requisitioning order had ceased to be operative by reason of Act IX of 1951. 1 and 2 in the said suit and the second respondent was impleaded as the third defendant. She next companytended that the order was made for a specific purpose and as that purpose numberlonger obtained the order was numberlonger operative. The trial Judge, Mr. Justice Coyajee, upheld all these companytentions of the first respondent and decreed the suit. C. Setalvad, Attorney General for India, and C. K. Daphtary, Solicitor General for India, Porus A. Mehta, with them for the appellants. 1336/OR/1/42 dated the 15th April, 1942. The first respondent therefore filed a suit on the original side of the High Court. 235 of 1949 in the said High Court. The second respondent did number file any written statement number did he companytest the suit. 117 of 1952 raises a short point as to the companystruction of clause 3 of the Requisitioned. Appeal by Special Leave against the Judgment and Decree dated the 8th January, 1953, of the High Court of Judicature at Bombay in Appeal No. This appeal by special leave from a judgment of the High Court of Judicature at Bombay in Appeal No. The suit was companytested by the appellants. M.S.C. A. Palkhivala and S. P. Varma for respondent No. 154 of 1953. The Judgment of the Court was delivered by BHAGWATI J. BHAGWATI J. The appellants were impleaded as defendants Nos. The appellants number being satisfied with that judgment applied for leave to appeal to the Supreme Court, but the High Court rejected that application. The appellants thereupon applied for and obtained special leave under article 136 of the Constitution. The appellants preferred an appeal against that decision and the Court of Appeal companyfirmed the decree passed by the trial. CIVIL APPELLATE JURISDICTION Civil Appeal No. May 14.
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1954_102.txt
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514/91 hi Special Criminal Application No. 909/90 Special Criminal Application No. The following eight petitions under Article 226 of the Constitution are stated to be pending before the High Court of Gujarat Special Criminal Application No.
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1991_566.txt
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Dattoba filed Writ Petition No. Dattoba filed the writ petition challenging this order of the Tribunal. The 3 applicants who claimed grant of occupancy rights over their share of the land produced a companyy of companypromise deed effected during the year 1962 between the applicant Dattoba and the landlord. showed the name of Dattoba as cultivator. Ultimate decision by majority was that each one of the applicants was entitled for grant of occupancy rights in respect of his share in the land. The effective order ultimately was that all the four applicants were granted occupancy rights over the land in question to the extent of their shares. The applicant Dattoba did number adduce any oral evidence to rebut the claims of the 3 applicants. As can be seen from this order, majority of the Members of the Tribunal companycluded that all the four applicants were entitled for occupancy rights in the land in question to the extent of 1/4th share each but the Chairman of the Tribunal did number agree with the majority. Dattoba filed second writ petition challenging the order of the Tribunal companytending that occupancy rights should have been granted exclusively in his favour over the entire land in question alleging irregularities in the companyduct of the enquiry by the Tribunal. 29937/96 was filed by the grandsons of Dattoba as legal heirs challenging the order of the Tribunal dated 23.9.1996 companytending that the occupancy rights should have been granted exclusively to them. The Tribunal accepted the case of the 3 applicants recording that it was satisfied that the 3 applicants were in actual possession of the suit land and were entitled for grant of occupancy rights in respect of their respective shares. Accordingly, the Tribunal granted occupancy rights to all of them by its order dated 20.8.1975 according to their possession over the respective shares of the land. The Tribunal visited the land on 20.8.1975 in presence of all the applicants and made enquiries with the adjacent land owners. After holding re enquiry as directed by the High Court for the third time, the Tribunal by majority companycluded that all the four applicants were entitled for grant of occupancy rights over their share of land. One Dattoba Daji Saheba Desai filed Form No. Baburao Desai, Bishwasrao Desai and Jayawantrao Desi applied for grant of occupancy rights in respect of the same land requesting for grant of occupancy rights over their share of land which they were cultivating since about 15 years after partition in the family properties. Four Members opined to grant of occupancy rights in favour of all the four applicants according to their shares but the Chairman did number agree with them. After remand, the Tribunal by its order dated 23.6.1981 again held that all the 4 applicants were entitled for cultivatory rights to the extent of 1/4th share each. The Tribunal, by a detailed order dated 23.9.1996 by majority, granted occupancy rights in favour of the 4 branches of the applicants to the extent of 1/4th share each as per the boundaries shown in the order of the Tribunal dated 23.6.1981. 3 other applicants namely, Baburao Desai, Vishwasrao Desai and Jayawantrao Desai also made similar applications for grant of occupancy rights in respect of the same land claiming 1/4th share each. The 3 applicants also requested for spot inspection of the suit land by the Tribunal. From the local enquiry and spot inspection, the Tribunal was satisfied that the suit land was in possession of all the 4 applicants and they were cultivating personally their respective shares of land as tenants. After the remand, the Tribunal after hearing the parties by its order dated 23.6.1981 held that these 4 applicants were entitled for cultivatory right to the extent of 1/4th share. The Tribunal, after companyducting enquiry, by order dated 20.8.1975 granted occupancy rights in favour of these 4 persons as regards their respective shares. 7 under Section 48 A of the Karnataka Land Reforms Act, 1961 for short the Act before the Land Tribunal for short the Tribunal , Belgaum, claiming occupancy rights over the land Survey No. Aggrieved by the said order of the Tribunal, Dattoba approached the High Court for the third time by filing a writ petition questioning the validity and companyrectness of the Tribunal. remained in the name of Dattoba, being the manager of the joint family but after partition, each one of them was cultivating personally his respective share of the land. Dattoba, aggrieved by the said order, filed Writ Petition No. The 3 applicants stated that the entries in the R.O.Rs. 18378/1981 for the second time calling in question the validity and companyrectness of the order of the Tribunal dated 23.6.1981 alleging irregularities in the companyduct of the enquiry by the Tribunal. This time also, the High Court set aside the order of the Tribunal and remitted the case to the Tribunal for re enquiry and disposal. The High Court allowed the writ petition, set aside the order of the Tribunal and remanded the case to the Tribunal for fresh disposal. Hence, this appeal by the legal heirs of Dattoba questioning the validity and companyrectness of the impugned order made by the Division Bench. The learned Single Judge of the High Court, on re appreciation of the evidence, allowed the writ petition by his order dated 10.8.1998 holding that the occupancy rights in respect of the said land vest exclusively in Dattobas branch and remaining branches of the family do number have any share in the said land. 5244/1975 before the High Court challenging the companyrectness of the said order of the Tribunal. The facts found in the case are that Dettoba Desai applied for grant of occupancy rights over the entire survey number 43 measuring 2 acres and 23 guntas claiming to be the protected tenant over the said land for over 50 years. The High Court again allowed the writ petition, remitted the case to the Tribunal for re enquiry and disposal. Thus, the order of the Tribunal stood restored. It may be remembered that four Members of the Tribunal were number official Members, they were number members judicially trained. The land in question was item number 4 in the companypromise deed with respect to which it was stated that the said land shall remain in the possession of all the four. and land revenue receipts, other members did number agree. The Tribunal took up the case for the third time after issuing numberices to the parties. No doubt, entries in these R.O.Rs. Writ Petition No. However, he relied on R.O.Rs. Jayavantrao Desai, respondent number 8 in the writ petition, filed Writ Appeal No. 43 measuring 2 acres 23 guntas exclusively to himself. 4310/98 before the Division Bench of the High Court questioning the validity and companyrectness of the order made by the learned Single Judge. In this view, the Division Bench allowed the writ appeal, set aside order of the learned Single Judge and dismissed the writ petition. The landlord did number companytest the case as already stated above. Shivaraj V. Patil J. of 1965 66 and 1973 74.
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2004_586.txt
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As stated earlier, in due companyrse, Jyotirlinga in this name of Lord Visheshwara gained popularity and Avimukteshwara Linga was installed in a companyner of the temple.
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1997_1348.txt
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8 who received it at 10 a.m Mr. Sharma had then proceeded to Umri dispensary and after ascertaining fitness of Meena from Dr. Maharaj W.I and also after ascertaining it himself had recorded her dying declaration Ex. 13 was written at 8.50 a.m. The doctor has further stated that he had informed Police Sub inspector of Umri Police station that Meena was brought to the hospital with burns at 7.20 a.m. and thereafter had also written a letter Ex. for getting her dying declaration recorded. The doctor made a numbere of it in the case papers Ex.14 . The doctor had numberreason to falsely depose against the accused or to prepare false case papers. The evidence of Dr. Meharaj thus receives support from companytemporaneous document. 21 as desired by one Laxman and the Police Patil. 13 to the P.S.I. The police after receiving the same had forwarded the same to the Special Executive Magistrate, Shri Sharma P.W. J The appellant has been companyvicted under Sections 302 and 498A IPC, for causing death of his wife by pouring kerosene over her body and setting her abiaze. The said letter Ex. This suggestion was denied by him. The following Judgment of the Court was delivered NANAVATI. The High Court dismissed the appeal as it did number find any good reason to interfere with the judgment of the trial Court.
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1999_598.txt
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HR 56 6047 with speed and carelessness in the centre of the road, hit the motorcycle of Sandeep Chauhan, as a result of which Sandeep Chauhan was seriously injured and subsequently succumbed to his injuries. HR 56 6047 brought from the front side with high speed and careless and hit the motor cycle going on the side, due to which Sandeep Chauhan received many injuries and due to that injuries and the motor cycle was damaged and the injured Sandeep Chauhan was died to while taking him to the hospital? Whether the claimants are entitled to companypensation. HR 56 6047 between Ram Nagar and Dhandhera. Briefly the facts of this case are as follows 3.1 One Sandeep Chauhan died in an accident on November 26, 2010 due to rash and negligent driving by the driver of a truck bearing registration No. sic Whether the petition of the claimants is companytaminated from the required facts? The parties filed their pleadings before the Tribunal and the following issues were framed Whether on dated 26.11.2010 the motor cycle of the deceased Sandeep Chauhan Chasis number MD2DSPAZZTPE51258, Engine number IBVBTF91396 Model Discover, Time at about 10 PM at Malvia Chowk, then a driver of Truck bearing registration No. The Tribunal directed the respondent Oriental Insurance Co. Ltd. to pay a sum of pic4,28,000/ to the claimant. 3.3 The Tribunal held that on November 26, 2010, Driver Binder Singh while driving Truck No. Sarla Verma vs. Delhi Transport Corporation1 and held that one third share from the numberional income of the deceased should be deducted as his personal expenses to calculate companypensation on the basis of the numberional annual income of the deceased. Being aggrieved by the quantum of companypensation, this appeal has been filed by the appellant claimant. After taking into account all these aspects, Tribunal came to the companyclusion and assessed the companypensation amount at pic4,08,000/ and further granted pic 5,000/ for cremation, pic 5,000/ for loss of estate and pic10,000/ for loss of companysortium and thereby the companypensation amount was determined at pic4,28,000/ and also directed that interest to be paid at the rate of 6 per annum on the total companypensation amount from the date of filing of the petition till the date of decision. If so, to what amount and from whom? 3.4 On the issue of companypensation the Tribunal after taking into account all the facts and materials placed before it, came to the companyclusion that since the claimant companyld number prove that the deceased was getting pic7,000/ per month as salary the Tribunal following the principle enunciated in an order of the Uttarakhand High Court, held that numberional annual income of the deceased was pic36,000/ . sic Whether the motor used while accidence was having insurance, L., Fitness Registration etc. The multiplier of 17 was fixed by the Tribunal companysidering the age of the deceased who was 26 years of age at the time of the accident. and was permitted to use? The claim petition was filed under Section 166 of the Motor Vehicles Act, 1988 claiming companypensation against the respondents. This appeal is directed against the order dated April 16, 2013 passed by the High Court of Uttrakhand affirming the award dated December 3, 2012 passed by the Motor Accidents Claims Tribunal, Haridwar in Motor Accident Claim Petition No.75/2011. 3.2 In the claim petition, the appellant claimant asked for companypensation of pic20,20,000/ along with interest at the rate of 12 per annum from the respondents opposite parties. The issues were also discussed by the Tribunal which further held that accidental vehicle was permitted to be driven with legal and effective documents and driving licenses. The Tribunal also followed the principle laid down in Smt. The High Court dismissed the said appeal on the ground that there was numberillegality in the award passed by the Tribunal. Pinaki Chandra Ghose, J. 3.5 Being aggrieved, an appeal was filed before the High Court. Hence this appeal has been filed. Leave granted.
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2014_116.txt
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The report dated 15.01.2007 of the Jaswant Nagar Police Station, District Etawah, was sent to the Senior Superintendent of Police, Ghaziabad. Thereafter, the Jaswant Nagar Police Station, District Etawah, submitted a report dated 15.01.2007 stating that Criminal Case No.275/2001 under Sections 324/323/504 IPC was registered against the appellant and thereafter the criminal case was disposed of by the Additional Chief Judicial Magistrate, Etawah, on 18.07.2002 and the appellant was acquitted by the Court. on 19.11.2006, the appellant applied for the post of companystable and he submitted an affidavit dated 12.06.2006 to the recruiting authority in the proforma of verification roll. This is an appeal against the order dated 31.08.2009 of the Division Bench of the Allahabad High Court in Special Appeal No.924 of 2009 dismissing the appeal of the appellant against the order of the learned Single Judge in Writ Petition No.40674 of 2007. By order dated 08.08.2007, the Senior Superintendent of Police, Ghaziabad, cancelled the order of selection of the appellant on the ground that he had submitted an affidavit stating wrong facts and companycealing companyrect facts and his selection was irregular and illegal. Along with this report, a companyy of the order dated 18.07.2002 of the Additional Chief Judicial Magistrate was also enclosed. In the affidavit dated 12.06.2006, he made various statements required for the purpose of recruitment and in para 4 of the affidavit he stated that numbercriminal case was registered against him. He was selected and appointed as a male companystable and deputed for training. The appellant challenged the order of the learned Single Judge in Special Appeal No.924 of 2009 but the Division Bench of the High Court did number find any merit in the appeal and dismissed the same by the impugned order dated 31.08.2009. Aggrieved, the appellant filed Writ Petition No.40674 of 2007 under Article 226 of the Constitution before the Allahabad High Court but the learned Single Judge dismissed the writ petition by his order dated 30.08.2007. The facts very briefly are that pursuant to an advertisement issued by the State Government of U.P. K. PATNAIK, J. Leave granted.
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2011_1200.txt
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industrial tribunal cum labour companyrt new delhi in l.c.a. their case was that even though they had been engaged as c grade fitters they were entitled to the salary and allowances payable to b grade fitters since they were doing the same duties as b grade fitters. 391 393 395 406 of 1978.
the judgment of the companyrt was delivered by venkataramlah j. this appeal by special leave is filed by 16 workmen of the small arms factory kanpur against the common order dated 14th february 1979 passed by the central government industrial tribunal cum labour companyrt alipur road delhi in applica tions bearing l.c.a. 389 391 to 393 and 395 to 406 of 1978 filed under section 33 c 2 of the industrial disputes act 1947 hereinafter referred to as the act rejecting their claims. the central government industrial tribunal cum labour court upheld the objection of the management and rejected the applications by its companymon order dated 14th february 1979.
aggrieved by the said companymon order the appellants filed this appeal by special leave. civil appellate jurisdiction civil appeal number 2640 l of 1980 from the judgment and order dated 14.2.1978 of the central govt. number.
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dev
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1988_450.txt
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The appellant made an application under Section 151 of the Code of Civil Procedure to recall his wife and her witness for cross examination explaining under that circumstances his wife and her witness companyld number be cross examined. 5143 of 2002 before the High Court challenging the order passed by the Trial Court dismissing his application filed under Section 151, C.P.C. The appellant filed Civil Revision No. Unfortunately for him, the High Court also dismissed the Civil Revision Petition. The Trial Court dismissed the said application. Hence this appeal. Leave granted.
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2003_336.txt
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The numberination paper were examined by them. These numberination papers related to Shri S. Nagappa One numberination paper Shri G. S. Pathak Seventeen numberination papers Shri Sivashanniugam Two numberination papers Jagannathan Pillai Smt. Manohara Nirmala One numberination paper Holkar Shri B. P. Mahaseth One numberination paper Shri Hari Vishnu Kamath .Two numberination papers I gave the candidates and the others present all facilities for examining the numberination papers of all the candidates delivered to me. The main ground on which this declaration is sought is, that the numberination paper of Dr. Ram Sharan Dass Sakhuja was. The two issues suggested by the petitioner which we propose to discuss are Whether the numberination of Dr. Ram Sharan Dass, Sakchuja has been wrongly rejected on the ground that the numberination paper was number delivered in person Whether the Returning Officer had power to reject the numberination even before the date of scrutiny. The Election Commission issued a numberification under s. 4 appointing August 9, 1969, as the last date for filing numberination for election to the ,office of the Vice President Of India and August 11, 1969, for scrutiny of numberination papers. A number of candidates filed numberination papers and on August 11, 1969, the Returning Officer made a record of proceedings. 71 of the Constitution of India and S. 14 of the Presidential and Vice Presidential Election Act Act XXXI of 1952 . The respondent apart from meeting thus ground has raised a, number of other issues including the issue whether the numberination paper of Dr. Ram Sharan Dass Sakhuja was genuine, and if number, whether the petition is maintainable. The Election Commission appointed Shri B. N. Banerjee, Secretary, Rajya Sabha, as Returning Officer for the election of the Vice President of India. 71 of the Constitution and S. 14 of the Presidential , Vice Presidential Elections Act XXXI of 1952 hereinafter referred to as the Act praying for a declaration that the election of Shri Gopal Swarup Pathak, respondent, to the office of the Vice President of India is void. The learned companynsel for the respondent strongly pressed on us that we should first try this issue suggested by him but as we have companye to the companyclusion that the petition must fail on the ground that the numberination paper of Dr. Ram Sharan Dass Sakliuja was rightly rejected on August 6, 1969, it is number necessary to companysider the other issues that arise out of the pleadings of the parties. 6 of 1969. wrongly rejected by the Returning Officer on August 6, 1969. ORIGINAL JURISDICTION Election Petition No. On 19th or 20th July, 1969, the office of the Vice President of India fell vacant on the resignation of the then incumbent, Shri V. V. Giri. Jagdish Swarup, Solicitor General, L. M. Singhvi and S. P. Nayar, for the Election Commission and Union of India. Sarjoo Prasad, P. Paramegwara Rao and K. C. Dua, for the petitioner. C. Setalvad, N. A. Palkhivala, M. C. Chagla, J. B. Dadachanji, Ravinder Narain and 0. Petition under Art. C. Mathur, for the respondent. This is a petition under Art. The relevant facts for determining these issues may number be set out. The Judgment of the Court was delivered by Sikri, J.
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1969_504.txt
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This retrenchment led to a threat of strike, and so, Macneill Barry Ltd. wrote to the Vendee that for the strike which was the result of retrenchment, the Vendor would number be responsible. They, therefore, wanted the advice of the Vendee immediately as to whether the Vendee desired that the proposed lay off should apply to Subong Tea Estate which was being sold to the Vendee. On the 13th February 1959, Macneill Barry Ltd. wrote to the Vendee that they had received a cheque for Rs. Pending the execution of the companyveyance, on the 17th February, 1959, the Vendee was put in possession of the tea garden. 1 has paid adequate retrenchment companypensation to them. In pursuance of this letter, Mr. Hammond, the Acting Manager of the Vendor Co., handed over possession to the Manager of the Vendee on the 17 February, 1959. In pursuance of these numberices, the eight employees were paid retrenchment companypensation due to them on the 31st August, 1959. 1, M s. Macneill Barry Ltd., who managed the Subong Tea Estate, has transferred the said estate to respondent No. The case made by the Union and the retrenched workmen in substance, was that on the 17th February, 1959, the tea garden had been delivered over to the Vendee and that there after the Vendor had numberright, title or companynection with the said garden and as such, it ceased to be the employer of the employees working in the garden. This companymunication was addressed by the Controller of Licensing to the Vendee on the 4th May, 1959. On the occasion of the retrenchment of the 8 employees in question, respondent No. In accordance with this letter, numberices were served by Mr. Hammond on the 8 workmen companycerned on the 31st August, 1959, and as we have already indicated, these workmen were paid their retrenchment companypensation and their services were terminated. On the Ist September, 1959, the Union representing the said employees, protested against the retrenchment in question. 1,20,000 and thereafter had instructed their Manager telegraphically to deliver possession of the garden to Mr. Gopiram Agarwalla, the Vendees Manager on the 16th February. The industrial dispute which has given rise to this appeal arose between the appellants, the workmen of Subong Tea Estate, and the management of Subong Tea Estate represented by respondents 1 2. 1 had numberauthority to pass the orders of retrenchment. Meanwhile, on the 9th February, 1959, M s. Macneill Barry Ltd. wrote to the Vendee that they proposed to lay off all workers and clerical staff members, other than those required for essential works for a period of 45 days from the 18th February, 1959 and this decision had been taken by them as an economy measure in respect of all the tea gardens under their management. On the 31st August, 1959, Mr. Hammond, the Manager of the Vender Co., served numberices on the 8 employees in question intimating to them that their services would be terminated with effect from the 1st October, 1959. The letter further added that after the said cheque was received, possession would be delivered over to the Manager of the Vendee. The said approval was accorded on the 15th July, 1959, and the companyveyance was actually executed on the 28th December, 1959. And on the 21 st February, 1959, Mr. Hammond reported to the Labour Officer that the new owners had decided number to lay off the workmen of the said garden. This position was disputed by the Vendee and that has ultimately led to the present dispute. The said employees further companyplained that they were companypelled to take numberices of retrenchment and receive the amount of companypensation, and that the acceptance of the said amount by them was without prejudice to their claim for companytinuity of service and to their right to challenge the validity of their retrenchment. The first issue was whether the impugned retrenchment of the 8 workmen was justified the second was whether respondent No. On the 28th December, 1959, the sale deed was eventually executed. That is how the dispute in regard to the impugned retrenchment came to be referred by the Governor of Assam for industrial adjudication to the Industrial Tribunal, Assam, under s. 10 1 d of the Act. They were also informed that retrenchment companypensation under s. 25F of the Act as well as pro rata dues on account of leave wages earned on 31st August, 1959 would be paid to them and their claims for Provident Fund dues would likewise be settled. It was further their case that the impugned retrenchment is invalid and illegal inasmuch as it is number justified under s. 25F of the Industrial Disputes Act, 1947 No. The approval of the Reserve Bank was, however, number received till the 15th July, 1959. 2, M s. Gungaram Tarachand otherwise known as Hindusthan Tea Company. By this sale deed it was agreed that once the companyveyance was companypleted, the transfer was deemed to have taken effect from the 1st January, 1959, and the purchaser had companyenanted by this sale deed that he would be under obligation to every employee or labourer of the tea estate in question except the European management and any other member of the Companys executive staff either to companytinue his services on the same terms and companyditions of service as were applicable to him before the sale of the said tea estate, or to pay him companypensation Prescribed by law, subject to the other companyditions specified in the document. Amongst these 8 workmen, one was a Doctor engaged by the Vendor Co. in its Dispensary, two were Pharmacists in the said Dispensary and the remaining five were members of the clerical staff. The Vendors Manager had also been instructed to deliver the Cash Balance on the same day. Along with this letter, a provisional state ment of account companyering the running expenses and 50 per cent of the value of the Stores, was sent to the Vendee. The appellants, however, companytended that at the relevant date when the 8 workmen were retrenched, respondent No. 2 was their employer, and so, respondent No. The letter further expressed the hope that the Vendor expected to receive a cheque for a total sum of Rs. The said employees were told that they would be paid the salary for the month of September, but would number be required to work. Ghose, for respondent number2. Sankar Bannerjee, S.N. 1 may companysider reasonable with due regard to companypensation already paid to them. Mukherjee and B.N Ghose, for respondent number 1. L. Sen, and Janardan Sharma, for the appellants. December 2, 1963. This agreement was subject to the approval of the Reserve Bank of India. Appeal by special leave from the award date July 5, 1961 of the Industrial Tribunal Assam Reference No. V. Viswanatha Sastri, B.P. 14 of 1947 hereinafter called the Act , and has number been carried out according to the principles prescribed by s. 25G of the said Act. The agreement of transfer between respondent No. Before dealing with the points of law raised in the present appeal by Mr. Sen Gupta on behalf of the appellants, it is necessary to state the material facts in some detail. Four issues were referred to the Tribunal for its adjudication. Maheshwari an P.K. 1,70,000 to companyer the items shown in the accompanying statement. 1 and respondent No. 132 of 1963. These facts are number in dispute. 39 59. Respondent No. The Judgment of the Court was delivered by GAJENDRAGADKAR J. it is this award which is challenged before us by the appellants in the present appeal which has been brought to this Court by special leave. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1963_96.txt
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First of these is filed by Smt. P. Sen, J. These two appeals by special leave are directed against the judgment and order passed by the High Court of Himachal Pradesh dated December 7, 1976.
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1987_192.txt
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4697 of 1968. For the assessment years 1965 66, 1966 67, the Sales tax Officer, Rampur assessed the appellant to sales tax on the turnover of the groundnuts oil manufactured by the appellant and to purchase tax on the turnover of the oil seeds and foodgrains. Aggrieved by that decision, he moved the High Court of Allahabad for a writ of certiorari quashing the levy of purchase tax imposed on him in respect of his purchases of oil seeds. 240 and 241 of 1969. P. Goyal and Sobhag Mal Jain, for the appellant in both the appeals . The appellant unsuccessfully appealed against the assessment orders. M. Singhvi and O. P. Rana, for the respondents in both the appeals . Hence they are companysidered together. There, again it substantially failed. Appeals from the judgment and decree dated December 18, 1968 of the Allahabad High Court in Civil Misc. Thereafter it took up the matter in revision before the revising authority. Hence these appeals. They are by the same appellant and they raise companymon question of law. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. Writ No. The Judgment of the Court was delivered by Hegde, J. These are appeals by certificate.
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1971_436.txt
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they inquired of sher singh as to why they were burning the company dung cakes. respondent dalel put fire to the company dung cakes. he found the heap of company dung burning and police inside the bagichi where he was arrested by the police. p.w.10 who came to the place of occurrence on seeing smoke from the heap of company dung cakes inquired of sher singh as to what was happening. respondent sher singh then brought a tin of kerosene oil and sprinkled it on the heap of the company dung cakes. when the heap of the cow dung cakes was burning they set weeping there while the respondents were scrapping the blood stains on the earth and throwing them to the burning company dung cakes. the death of danna and hukmi is number in dispute. respondents balkar singh and dalel singh are the sons of respondent sher singh. sher singh spread kerosene on the heap of the cakes and dalel set fire to it lighting a match stick. about 1 1/2 hours after sun rise on october 17 1973 he returned to the bagichi where he found the heap of company dung cakes in the enclosure of bagichi burning. he returned home on october 17 1973 and when he reached the bagichi he found the heap of company dung burning and he was arrested by the police there. the defence of respondent sher singh was that his two sons dalel and balkar and the deceased brothers danna and hukmi used to sleep in the bagichi during the night to keep watch over their cattle tethered there. that the dead bodies were burnt on the company dung heap by the side of the bagichi is also number in dispute. thereafter it has further been alleged the accused persons dragged the dead bodies to their nearby heap of company dung cakes. sher singh replied that he had murdered his two brothers and was burning their dead bodies. while p.w. she has further deposed that the respondents including the other miscreants dragged the two dead bodies to the nearby heap of company dung cakes and placed the dead bodies on it. that day namely 17th of october at about 6.00 m. her husband danna along with his brothers hukmi and respondents sher singh came to their bagichi nearby from the house in order to milk cattle. respondent sher singh then along with his sons dalel balkar keni prem and parwana surrounded her husband and her husbands younger brother hukmi in the companyrtyard. the only question for decision is whether danna and hukmi were murdered and their dead bodies were burnt by the respondents as alleged by the prosecution. this was in presence of p.w. 3 and 4 extra judicial companyfession alleged to have been made by respondent sher singh before p.w. she and danna began to scream whereupon the culprits asked her and danna to keep quiet on pain of death and they asked them to sit on one side of the place. on the companytrary the evidence of p.w. ram sarup p.w. the plea of the respondents that they had been elsewhere at the time of the occurrence and returned to the place of occurrence by themselves on october 17 when they were arrested by police is untrue. dalel also gave a blow on the head hukmi who also fell down. they reached the place of occurrence after some time. that field was at a distance of about 1 1/2 miles from their bagichi. w. 4 danni companyroborates p.w. her material allegations in the first information report were that the previous day respondent sher singh and his two younger half brothers namely danna her husband and hukmi had effected a family partition amongst themselves and they started living separately. a short while after the arrival of the witness and the two companystables at the place of occurrence a senior police officer arrived at the place of occurrence. they narrated the occurrence to the villagers and told them as to how her husband and brother in law had been murdered and their dead bodies burnt. police then arrested him. he and bhagtu then left the place. after the departure of the culprits the witness along with p.w. on the way falls village pai at the distance of about 4 5 miles from the place of occurrence she met at village pai a police officer and two companystables to whom she narrated the occurrence. after some time w. 10 jhanda and one bhagtu came to the place of occurrence after the dead bodies were put to fire. police had been there the witness says from october 17 to 20 1973.
this evidence of p.w. her statement was recorded by p.w. 11 lila is that on 21st october 1973 all the accused were produced by lalji the brother of the wife of respondent sher singh in village nand karan majra around 8 a.m. when they were arrested. 3 would go to the place of occurrence from her home when she was in advance pregnancy d that she was number accompanied to the police station by anybody e that numbere of the villagers came to the place of occurrence and f that she and p.w. the defence of respondent dalel was that two days before the date of occurrence he went to his maternal uncle lalji at narwara to borrow a tractor. all this time the culprits were at the place of occurrence scraping the blood stained spots. narman widow of danna deceased submitted the first information report to a.s.i. these discoveries were made in presence of p.w. 10 jhandu and bhagtu then left the place. 12 at village pai. that she had informed any person of the village before leaving for the police station c that it was highly improbable and unnatural that p.w. the witness then left the village for police station at pundri to lodge an offence report. the session judge companyvicted all the three under section 302/34 of the penal companye and sentenced sher singh to death and the other two to imprisonment for life. he returned home on the 17th of october 1973 at about sun set. 4 left for the nearby village. 3 and 4 on the ground a that they were close relations of the two deceased b that p.w. the learned high companyrt as stated above has rejected the evidence of p.w. 12 ram sarup an assistant sub inspector of pundri police station who was at pai. nariman and danni were number present on the spot and had number witnessed the occurrence. to the police station for registering a case. the prosecution relies on the following piece of evidence motive of the murder direct evidence of the alleged eye witnesses p.w. the defence of respondent balkar was that he was a student of 9th class and on 16th of october 1973 he had been to school to witness some sports. as a result the two bodies were charred. to the police station where the case was registered. police after investigation submitted charge sheet and arrested the accused persons. the process of burning took about three hours. on a reference by the sessions judge for the companyfirmation of the sentence of death inflicted on sher singh and appeal filed by the respondents the high court set aside the order of companyviction and sentence and acquitted the respondents. according to them the three brothers were joint in residence mess and cultivation till the date of the occurrence. thus the defence of all the respondents was alibi. on october 16 1973 he and his two deceased brothers were in their fields during the day and in the evening he went to their field where companyton was ripe and he remained there to keep watch over the companyton till next morning. in this case defence did number adduce any evidence to prove the alibi. 4 did number physically attempt to save the two deceased who were respectively their husband and brother. they then changed their blood stained clothes threw them to the fire and put on new clothes and left the place with weapons in hands towards village bhana. b wishes the companyrt to believe that at the time in question he was elsewhere. 12 sent the f.i.r. illustrations a a prosecutes b for theft and wishes the companyrt to believe that b admitted the theft to c. a must prove the admission. when an accused pleads alibi the burden is on him to prove it under section 103 of the evidence act which provides the burden of proof as to any particular fact lies on that person who wishes the companyrt to believe in its existence unless it is provided by any law that the proof of that fact shall lie on any particular person. 3 on the companymission of murder of the two deceased by the respondents and a few others. she was then accompanied home by two constables. they screamed seeing the assaults whereupon they were directed on pain of death to sit in the companyner of the companyrt yard. the material facts may be stated thus on 17th of october 1973 at about 12 a.m. mst. but they remarked that that was a dispute between brothers and they companyld number do anything. only some minumber discrepancies with regard to omissions of details in their statements to the police were brought out. they with the help of some other persons who had gathered there in the mean time started to extinguish the fire by putting buckets of water on it. eventually the accused persons were charged under section 302/34 of the penal companye and tried in the companyrt of sessions. the high companyrt has rejected the evidence of p.ws. he must prove it. all of them thereafter indiscriminately assaulted the two injured persons. 3 on the ground that she did number mention in the f.i.r. 11 lila who was sarpanch of the local panchayat. urmila sirur for the respondents. he passed the following night in village diwali where his sister was married. the accused persons pleaded number guilty to the charges. he however threatened them to mind their own business and said that if they raised any alarm they would be similarly murdered and put to fire. 3 had omitted to mention in the i.r. out of fear they obliged. 11 remains unrebutted. appeal by special leave from the judgment and order dated 2.4.1975 of the punjab and haryana high companyrt in criminal appeal number 1044/74 and murder reference number 50/74. 3 and 4 were cross examined at great length by the defence companynsel but numberhing significant companyld be brought out in order to demolish their basic and substantial evidence given in examination in chief. 10 and recoveries of incriminating articles on disclosure statements alleged to have been made by the respondents. both of them out of fear did as directed. the judgment of the companyrt was delivered by baharul islam j. this appeal by special leave by the state of haryana is directed against the judgment and order of the punjab and haryana high companyrt setting aside the conviction and and sentence passed by the session judge karnal. she followed them in order to fetch milk. let us number turn to and examine the prosecution case and see whether the prosecution has proved the guilt of the accused beyond reasonable doubt. criminal appellate jurisdiction criminal appeal number 320/75. 11 and several others. g. bhagat and r.n. it was seized under seizure memo ex. ultimately the high court found that most probably both smt. both of them died as a result. poddar for the appellant.
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1981_46.txt
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968/72 . 107/72 . 363/72 C.A. 363/72 and C.A. 968/72 , S. K. Dhingra in C.A. 107 968/72 . 968, 970, 107/72 and W.P. 107, 968 to 971 and 1185 of 1972. 362 363 of 1972. 968/72 and B. Dutta, for the petitioners in W.Ps. K. Sinha, S. K. Sinha and B. 1 3 in C.A. M. Singhvi and S. K. Dhingra, for the interveners. V. S. Narasimhachari, for respondent number 7 in C.A. K. Dholakia, for respondent number 6 in C.A. Vinoo Bhagat, for respondent number 4 in C.A. 5, 6, 8 in C.A. 968 of 1972 only and R. N. Sachthey, for the respondents Nos. 362 363 of 1972 and respondents in other appeals. Sardar Bahadur Saharya and Vishnu Bahadur Saharya, for respondent No. 1168 of 1972. Ashok Grover, for respondent number 5 in C.A. General of India, S. N. Prasad in W.P. K. Sen, in W.P. 362/72 , L. M. Singhvi in W.P. In other words the companytention was that as there was inordinate delay in finalizing the acquisition proceedings, the appellants were deprived of the benefit of the appreciation in the value of the property between the, date of the numberification under s. 4 and the date of taking possession of the property. N. Sinha, Sol. The appellants thereupon challenged the validity of proceedings for acquisition before the, High Court of Delhi on the following, grounds 1 that the acquisition was number for public purpose but for companypanies and so the provisions of Part VII of the Act ought to have been companyplied with, 2 since numberpart of the companypensation payable came from the public exchequer, the acquisition was number for a public purpose and 3 that the proceedings for acquisition violated the fundamental right of the, appellants under Article 19 1 f as there was unreasonable delay between the publication of the numberification under s. 4 and the issue of the numberices under s. 9 of the Act with the result that the appellants were deprived of the benefit of the appreciation in value of the property after the date of the numberification under s. 4. A numberification under s. 4 of the Land Acquisition Act hereinafter referred to as the Act was issued on November 13, 1950, stating that an area of 34,070 acres of land was needed for a public purpose, viz.,
the planned development of Delhi. 4 in C.As. 172, 177, 151, 170, 171 and 152 of 1971 respectively. B. Sinha, for respondent Nos. The Civil Appeals arise out of the decision of High Court of Delhi dismissing the writ petitions filed by the appellants challenging the, validity of the proceedings for acquisition of the land in question for planned development of Delhi. The objec tions were civerruled. They approached the High Court with their writ petitions only in 1970 when the numberices under s. 9 were issued to them. Thereafter, in 1970, numberices were issued under s. 9 1 of the, Act requiring the appellants to state their objections, if any, to the assessment of companypensation. 94 of 1971. 970/72 . Nos. Between 1959 and 1961, about six thousand objections were filed under s. 5A of the Act. and appellants in C.As. On March 18, 1966, the declaration under S. 6 of the Act was published in respect of a portion of the area. Appeals by special leave from the judgment and order dated the September 24, 1971 of the Delhi High Court in L.PsAs. In the writ petitions, the validity of the same proceedings is being challenged on certain additional grounds also. Appeal by Special Leave from the judgment and Order dated the 17th April, 1971 of the Delhi High Court in L.P.A. Civil Appeals Nos. ORIGINAL JURISDICTION Writ Petitions Nos. Both the learned Single Judge and the Division Bench of the High Court were of the view that the acquisition was number for companypany. These writ petitions and civil appeals raise companymon questions and they are, therefore, disposed of by a companymon judgment. The Judgment of the Court was delivered by MATHEW, J. Civil Appeal No. No.
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1974_187.txt
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Appellant was a shareholder of S.R.C.M. This finding was given by the CIT A on the ground that right shares were allotted because 20 existing shareholders out of 27 shareholders of the companypany did number subscribe for the rights. Twenty shareholders did number subscribe to the rights issue and companysequently the appellant company allotted them to the remaining existing shareholders. However, according to the CIT A , gift tax proceedings had to be initiated by the Department number against the appellant companypany but it ought to have initiated gift tax proceedings against the existing shareholders who had renounced their rights. 1 On 29.1.1986 the appellant companypany, on the other shareholders number exercising the option given to them to take up the right shares issued by the appellant, allotted them to the seven investment companypanies, who were the shareholders in the appellants companypany. It was held that the entire exercise undertaken by the appellant was to evade payment of wealth tax by the individual shareholders of the appellant company. 10/ at which the shares were allotted was sought to be brought to tax under the said section. Appellant was entitled to apply for 800 equity shares in a fresh issue of capital by the companypany with a option to renounce the same as provided for in Section 81 of the Companies Act, 1956. Aggrieved by the decision of the O., the appellant carried the matter in appeal to CIT A . Ltd Appellant was an assessee. This civil appeal filed by the assessee seeks to challenge judgment and order passed by the Karnataka High Court dated 1.8.2007 in Gift Tax Appeal No. H. KAPADIA, J. Answer to Question No. In this civil appeal we are companycerned with the assessment year 1987 88. In that case, the facts were as follows. Leave granted.
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2008_1624.txt
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Shri Lal Saheb was the brother of the Ruler of the former Indian State of Nagod and he companytended that the Ruler had by a law passed on March 7, 1948 provided for an allowance for him at the rate of Rs. They companyld number reduce the amount of allowance to Shri Lal Saheb fixed by the Ruler of Nagod on March 7, 1948, if he had done so by a law. On March 18, 1948, the Ruler of Nagod along with the Rulers of various neighbouring ruling States formed a new State called the United State of Vindhya Pradesh into which the companyponent States were merged thereby losing their sovereign status. The Rajpramukh the head of the United State and the President of India had passed orders from time to time fixing his allowance at amounts lower than that at which it had been fixed by the Ruler of Nagod on March 7, 1948. Its territories then became the Indian province of Vindhya Pradesh The United State ceased to exist. This appeal arises out of a suit filed on August 10, 1956 by Shri Lal Saheb Bhargavendra Singh, number deceased and represented by his legal representatives, against the Union of India, the State of Vindhya Pradesh, number merged in the State of Madhya Pradesh, and the Collector of Satna, for a declaration that he was entitled to receive an allowance of Rs. Certain events that took place after March 7, 1948 when the allowance was fixed have number to be stated. 650 per month from the Union of India. Thereafter the United State merged in India by an agreement and pursuant thereto the Government of India took over its administration on January 1, 1950. Sen. M. N. Shroff and I. N. Shroff, for the appellants. 650 per month and that law was binding on the defendants who had by an executive order illegally altered the amount of the maintenance. 738 of 1963. The suit was dismissed by the trial Court but was decreed by the High Court of Madhya Pradesh on appeal by the plaintiff. These were, however, executive orders and number laws. S. Pathak and C. P. Lal, for respondents 1 a 1 c .
L. Hathi and R. N. Sachthey, for respondents No. There was another claim but that depended on the declaratory relief claimed and need number, therefore, be referred to further. 105 of 1957. Appeal by special leave from the judgment and decree, dated December 16, 1960 of the Madhya Pradesh High Court in First Appeal No. The Judgment of the Court was delivered by Sarkar, J. It was on this basis that the claim was made. CIVIL APPELLATE JURISDICTION Civil Appeal No. Hence this appeal.
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1965_150.txt
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Respondent No.1 is the main accused and the accusations against him were clearly established. The respondent No.1 and others filed application for bail before the trial companyrt. The trial companyrt had elaborately analyzed the factual position and keeping in view the statement of the eye witness, who clearly implicated the respondent No.1, had rejected the prayer for bail. This appeal is by the informant questioning grant of bail to respondent No. The respondent No.1 and others fled away but they were still firing and had threatened to wipe out the entire family of the deceased. 1 accused had animosity with the deceased and with the intention of causing his death the respondent No.1 accused who was armed with a double barrel gun shot at the deceased. By the impugned order, the prayer for bail has been accepted. There is numberappearance on behalf of respondent No.1 in spite of service of numberice. 1 was clearly implicated by the persons whose statements were recorded during investigation. It is pointed out that the respondent No.1 is implicated in several cases involving heinous crimes and even proceedings under Goonda Act have been initiated. The learned Additional Sessions Judge, Sultanpur rejected the application taking numbere of the fact that the incident had been witnessed by eye witnesses and their statements recorded during investigation clearly implicated the respondent No.1. An application for bail in terms of Section 439 of the companye of Criminal Procedure, 1973 in short the Code was filed by respondent No.1 before the High Court. Factual position, as highlighted by the appellant is as follows On 26.4.2002, the respondent No. According to learned companynsel for the appellant, numberreason has been assigned by the High Court as to why the prayer for bail was accepted, numberwithstanding the fact that respondent No. The informant and her daughter started crying for help hearing which companyvillagers came to the spot. 1 and other in pursuance of their companymon object, surrounded Jamaluddin, husband of the appellant, hereinafter referred to as the deceased while he was companying by scooter along with the appellant and their daughter. Others also participated in the attack. Because of some previous litigations, respondent No. 1 hereinafter referred to as the accused by the impugned judgment passed by a learned Single Judge of the Allahabad High Court, Lucknow Bench. The entire order reads as follows Heard learned companynsel for the parties. The occurrence took place at about 6.00 p.m. and the First Information Report was lodged immediately thereafter. ARIJIT PASAYAT, J. Leave granted.
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2005_873.txt
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By this will Chhangur Sahu left a life interest to his wife in the properties. The caveat was tiled through Shri V.P. It was further claimed that Moonga Devi the widow of Chhangur Sahu was the sole heir and was entitled to claim all the properties. On January 9, 1966 a caveat was filed on behalf of the present appellants, namely, the widow of Chhangur Sahu and his daughter Sumitra Devi. On that date Shri V.P. In the affidavit it was stated that Sumitra Devi along with her mother had been in possession of the properties of Chhangur Sahu since his death and that the will set up by Radha Ballab was number a genuine document and did number companyfer any right or title on him. An affidavit of Sumitra Devi was olso filed alongwith the Caveat. He made numberbequests whatsoever in favour of his daughter Sumitra Devi. It was provided that the executor was to look after the maintenance of Sundari Devi the sister of Radha Ballab and also perform the marriage of her daughter. Chhangur Sahu who died on October 20, 1962 when he was over 87 years of age had a wife and a daughter alive at the time when he executed a will. He was number cross examined by Shri V.P. On October 4, 1966 a letter was sent by the clerk of Shri V.P. After her death Radha Ballab respondent before us, who is stated to be a relation of the testator and who was appointed executor of the will was to get the properties companyered by the will. This is an appeal by special leave from a judgment of the Allahabad High Court in a matter relating to probate of a will dated May 10, 1960 alleged to have been executed by Chhangur Sahu, a resident of Varanasi City, who owned companysiderable moveable and immoveable properties. Mishra Advocate who had apparently been engaged by the mother and the daughter to represent their case. On September 30, 1965 Radha Ballab respondent filed an application for the grant of probate of the aforesaid will in the Allahabad High Court. Mishra made a statement that the deceased was in a sound mental companydition in May 1960 and hence the validity of the will was number being challenged on the ground that the deceased was number in a sound disposing mind. Mishra to one of the appellants. If the parties desire the signatures and thumb marks to be sent to an expert, they should make an application within the above periods On October 3, 1966 Shri V.P. Mishra made a statement that the due execution of the will in question was numberlonger challenged. On that very date the statement of one of the attesting witnesses Sankatha Prasad Singh had been recorded. These letters are reproduced below Allahabad. Mishra on behalf of his clients, namely, the present appellants. The order recorded by Mathur J., on that date states interalia Considering that the deceased died about 2 1/2 years after the execution of the alleged will, there can be numbercontroversy in that the will if, genuine, was executed at a time the deceased was in a sound disposing companydition. The will was attested by two witnesses, Ram Charan and Sankatha Prasad Singh. It appears that numberprevious will was executed by him. On January 17, 1966 an order was made by the High Court companyverting the probate proceedings into a suit which was fixed for January 31, 1966 for framing issues. One month allowed to the parties to file documentary evidence with regard to admitted signatures and thumb marks of the deceased. It was got registered and was entered in the registration book on May 12, 1960. This order was brief order in which after stating what was already been reproduced earlier it was observed that the statement of the Advocate was number based upon incorrect facts. On April 11, 1967 the case was adjourned to July 10, 1967. As it had been made on instructions received by him the parties were bound by it. Grover, J.
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1972_190.txt
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In default, to suffer imprisonment for three years. In default, to suffer imprisonment for three months. In default to suffer imprisonment for three months. The accused Nos.1 to 6 are companyvicted for offence punishable under Section 395 of Indian Penal Code and sentenced to suffer imprisonment for seven years and to pay fine of Rs.1,000/ each. The accused Nos.1 to 6 are companyvicted for offence punishable under Section 397 of Indian Penal Code and sentenced to suffer imprisonment for seven years and to pay fine of Rs.1,000/ each. The accused Nos.1 to 6 are companyvicted for offence punishable under Section 387 of Indian Penal companye read with Section 34 of the Indian Penal Code and sentenced to suffer imprisonment for five years and to pay fine of Rs.1,000/ each. The accused Nos.1 to 6 are companyvicted for offence punishable under Section 342 of Indian Penal Code read with Section 34 of the Indian Penal companye and sentenced to suffer imprisonment for one year. The accused Nos.1 to 6 are companyvicted for offence punishable under Section 3 4 of Maharashtra Control of Organised Crime Act and sentenced to suffer imprisonment for ten years and to pay fine of Rs.5,00,000/ Rupees Five Lacs each. The accused Nos.1 to 6 are companyvicted for offence punishable under Section 3 2 of Maharashtra Control of Organised Crime Act and sentenced to suffer imprisonment for ten years and to pay fine of Rs.5,00,000/ Rupees Five Lacs each. The accused Nos.1 to 6 are companyvicted for offence punishable under Section 3 1 ii of Maharashtra Control of Organised Crime Act and sentenced to suffer imprisonment for ten years and to pay fine of Rs.5,00,000/ Rupees Five lacs each. The relevant portion of the order of sentence passed by the Special Judge reads as under Accused Nos.1 to 6 namely, Sanjay Kisan Mohite, Sudish Maniken, Maniken Nair, Pramod Shankar Jadhav, Santosh Manohar Deshmukh, Chandrakant Balkrishna Shegde and Sharad Hiru Kolambe are companyvicted for offence punishable under Section 364A of Indian Penal Code read with Section 34 of the Indian Penal Code and sentenced to suffer life imprisonment and to pay fine of Rs.1,000/ each. Accused No.7 Avinash Shrikrishna Dugad and accused No.8 Tanaji Nanu Birade are acquitted of all the offences. This appeal challenges the decision dated 17.12.2013 passed by the Signature Not Verified High Court of Bombay in Criminal Appeal No.906 of 2006 affirming the Digitally signed by VISHAL ANAND Date 2018.09.20 companyviction and sentence of the appellant original accused No.6 for offences 164448 IST Reason punishable under the Indian Penal Code IPC, for short as well as the Maharashtra Control of Organised Crime Act, 1999 hereinafter referred to as the MCOC Act . The appellant along with other companyaccused was tried and companyvicted by the Special Judge the MCOC Act Thane in C.O.C. He thus companypleted 14 years of actual sentence on 25.08.2015. The accused persons are entitled for set off under Section 428 of the Criminal P.C. The decision so rendered by the Special Judge was questioned by all the companyvicted accused by filing criminal appeals in the High Court of Bombay. By order dated 04.03.2017 passed by the Government of Maharashtra in exercise of powers companyferred under Sections 432 and 433 of Criminal Procedure Code hereinafter referred to as the Code , the appellant was directed to be released on companypletion of 14 years of actual sentence. The High Court by its judgment and order under appeal set aside the companyviction and sentence of original accused No.5. Since the emphasis in the present appeal was placed on the nature of default sentences passed against the appellant, we companyfine ourselves to bare outline of facts. All the sentences shall run companycurrently. for pretrial detention period. Uday Umesh Lalit, J. It may be mentioned that the appellant was arrested on 26.08.2001 and was never released during the trial as well as during the pendency of the appeal. Delay in filing Special Leave Petition companydoned. Their bail bonds stand cancelled. Special Case No.3 of 2002 vide judgment dated 20.10.2005. It, however, dismissed all the other appeals. Leave granted.
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2018_440.txt
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SAGHIR AHMAD, J. This appeal is directed against the judgment dated 14.12.93 passed by the Central Administrative Tribunal, Chandigarh for short, the Tribunal .
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1998_327.txt
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He companytinued to work in that post till 18 8 1949 when he was reverted to the post of Head Assistant. As a result, the Respondent was reverted to the post of Upper Division Assistant on 15 12 1952. He was companyfirmed in that post on 28 8 1937. 28 8 1956 of the Government had been suspended. He was promoted as Upper Division Assistant and companyfirmed as such on 26 8 1943. Subsequently, by a letter dated 30 10 1956, the Government informed him that the earlier order, had been revised and he should join the post of Upper Division Assistant to which he had been reverted. Deb, joined service as a Lower Division Assistant in the office of the Superintendent of Veterinary Department, Assam, on 1 4 1937. He got further promotion as Head Assistant and was companyfirmed in that post with effect from 20 6 1946. The Director drew up disciplinary proceedings against the Respondent for his disobedience of the Governments order requiring him to join his post and for remaining absent from duty without information. To challenge the order, dated 30 10 1956, of his reversion to the post of Upper Division Assistant, and the order, dated 15 2 1963, by which it was held that he had ceased to be in Government service, the Respondent filed a writ petition under Article 226 of the Constitution in the High Court. The appeal was dismissed on 19 2 1954, and by order dated 28 8 1956, the Respondent was allowed to join as Head Assistant subject to the production of a medical certificate of fitness. After observing that the termination of service under F. R. 18 means that the employees blameworthy, and operates as punishment amounting to dismissal from service, the High Court companycluded that F. R. 18 which permits termination of the service of a permanent Government employees without observance of the requirement of Article 311 2 of the Constitution on a ground other than ordinary or companypulsory superannuation, must be held to be invalid because such a rule companytravenes the Constitutional safeguard provided by that Article. Against this order of reversion, the Respondent unsuccessfully appealed to the State Government. He companytinued to attend his office till 13 9 1956 when he was informed that the operation of the order dt. On 1 9 1956, the Respondent reported for duty and produced a medical certificate of fitness from the Civil Surgeon, Kamrup. AGV7/52/280 dated 15 2 1963, the Respondent was informed that he had ceased to be a Government servant, under F R. 18 of the Assam Fundamental and Subsidiary Rules with effect from 5 9 1961 on account of his companytinuous absence from duty for more than five years. Thereafter on 26 4 1947, he was appointed as Personal Assistant against a newly created temporary post in higher scale. In the meantime on 12 9 1956, the Director called for the explanation of the Respondent for the latters absence without leave since 5 91956. It was further stated in the order that the Respondent would be entitled to such leave as admissible under the rules from the date he proceeded on leave until joining the post of Head Assistant. On 8 11 1951, the Director of Veterinary Department drew up proceedings against the Respondent on certain charges. Late, he did number press his challenge to the order, dated 30 10 1956, and companyfined it only to the order, dated February 15, 1963. S. Sarkaria, J This appeal is directed against the judgment of the High Court of Assam and Nagaland declaring that the termination of the services of the respondent, being violative of Article 311 2 of the Constitution was illegal. The appeal simply drifted till on 20 2 1961, he was informed that the appeal did number he. The State relied on Regulation 13 of the Jodhpur Service Regulations which provided An individual who absents himself without permission or who remains absent without permission for one month or longer after the end of his leave should be companysidered to have sactificed his appointment and may only be reinstated with the sanction of the companypetent authority. The Respondent on 21 1 1953 filed an appeal against the order of his reversion to the State Government. Departmental remedies having failed, he filed a suit challenging his removal from service. The respondent, A.K. Despite this, he was number assigned any duty. Another show cause numberice was issued on 26 11 1957 as to why he be number dismissed from service. He also filed an appeal to the Governor on 20 5 1961. The Respondent submitted a written statement and prayed for a personal hearing. In second appeal by the State, the High Court restored the trial Courts order. The employee came to this Court in appeal by special leave. The Trial Court dismissed his suit The first appellate companyrt accepted his appeal. By a letter No.
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1975_157.txt
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A cadre. There were only cadres in the States. Under these rules cadres were companystituted. Rule 3 of the Indian Administrative Service Cadre Rules provided as follows Constitution of Cadres. Under the Indian Administrative Service Fixation of Cadre Strength Regulations 1955 Assam was to have a total of 117 cadre posts. All cadre posts were to be filled by cadre officers rule 8 , but temporary appointments of number cadre officers to cadre posts were possible under certain circumstances rule 9 . Posts beyond the State cadre limit were only to be found in the Government of India. Rule 4 next provided Strength of Cadres. The cadre so companystituted for a State or a group of States is hereinafter referred to as a State Cadre or, as the case may be, a Joint Cadre. These posts denoted companybined Service between the Central Government and the Assam Government. These rules were known as the Indian Civil Administrative Cadre Rules, 1950. In these rules cadre officer meant an officer belonging to any of these categories specified in rule 4 and cadre post meant any duty post included in the Schedule to the Rules. There shall be companystituted for each State or group of States an Indian Administrative Service Cadre. After 1954 a number of Rules were framed and we are companycerned in this case with the Indian Administrative Service Cadre Rules 1954, Indian Administrative Service Fixation of Cadre Strength Regulations 1955 and Indian Administrative Service Pay Rules 1954. The Indian Administrative Service Cadre Rules 1954 provided as elaborate machinery for getting persons to fill the posts in the Government of India. In Assam there were four such posts. It reads as follows Deputation of cadre officers. By the agreement which formed an annexure to the Indian Civil Administrative Cadre Rules 1950, Assam was to have 20 senior posts under the Provincial Government and 6 senior posts under the Central Government with some provision for direct recruitment posts, junior posts and reserves. Of these, 55 were under the Government of Assam and 22 senior posts were to be under the Central Government. Similarly, the Indian Administrative Service Fixation of Cadre Strength Regulations 1955 provided for these matters. Under the Pay Rules were shown the posts carrying pay above the time scale pay in the Administrative Service under the State Governments. In the Schedule Assam was to have 20 senior posts under the Provincial Government, 6 senior posts under the Central Government and 37 posts for direct recruitment, and junior posts and certain services. A cadre is defined in Fundamental Rule 9 4 as the strength of a service or a part of a service sanctioned as a separate unit. 4,000 for Indian Civil Service men and so on in a downward position There was numberseparate cadre in the Government of India as defined in the Fundamental Rule mentioned above. The posts in the Government of India were held in the ordinary companyrse and were number deputation posts. In rule 4, it was provided that every cadre post shall be filled inter alia by an officer who is a member of the Indian Civil Service. The lower posts in Assam were Secretaries, Additional Secretaries, Joint Secretaries etc. A cadre officer may also be deputed for service under a Municipal Corporation or a Local Body, by the State Government on whose cadre he is borne, or by the Central Government with the companycurrence of the State Government on whose cadre he is borne, as the case may be and an international Organisation, an autonomous body number companytrolled by the Government, or a private body, by the Central Government in companysultation with the State Government on whose cadre he is borne Provided that numbercadre officer shall be deputed to any Organisation or body of the type referred to in item ii of this sub rule except with his companysent. The Central Government shall, at the interval of every three years, re examine the strength and companyposition of each such cadre in companysultation with the State Government or the State Governments companycerned and may make such alterations therein as it deems fit Provided that numberhing in this sub rule shall be deemed to affect the power of the Central Government to alter the strength and companyposition of any cadre at any other time Provided further that the State Government companycerned may add for a period number exceeding one year and with the approval of the Central Government for a further period number exceeding two years, to a State or Joint Cadre one or more posts carrying duties or responsibilities of a like nature to cadre posts. The strength and companyposition of each of the cadres companystituted under rule 3 shall be as determined by regulations made by the Central Government in companysultation with the State Governments in this behalf and until such regulations are made, shall be as in force immediately before the companymencement of these rules. 2,250 p.m. ibid p. 263 As against this the posts carrying pay above the time scale or special pay in addition to pay in the time scale under the Central Government when held by Indian Administrative Service men were Secretaries to the Government of India with a pay of Rs. The Indian Administrative Service was companymon to the Centre and the Provinces. In 1955 he became Joint Secretary to the Government of India and companytinued to hold that post till 1961. officer may, with the companycurrence of the State Government or the State Governments companycerned and the Central Government, be deputed for service under the Central Government, or another State Government or under a companypany, association or body of individuals, whether incorporated or number, which is wholly or substantially owned or companytrolled by the Government. In 1951 he again came to the Government of India as Secretary, Public Service Commission. There were certain reserved posts for leave reserves, deputation reserves, training reserves and finally there were junior posts. It may be pointed out here that permanent post is defined by the Fundamental Rules as a post carrying a definite rate of pay and sanctioned without limit of time and a temporary pose is defined as a post carrying definite rate of pay sanctioned for a limited time and a tenure post means a permanent post which an individual Government servant may number hold for more than a limited period. 312, these services must be companysidered companymon to the Union and the State tinder s. 4 of the All India Services Act 1951 all rules in force immediately before the companymencement of the Act and applicable to an All India Service were companytinued, thus the Indian Civil Administrative Cadre Rules 1950 companytinued to remain in force. In 1947 he went back to Assam where he held the post of Development Commissioner and Chief Secretary. As a result of a companyference between Chief Ministers and the Government of India an All India Administrative Service was companystituted in October 1946. These four were the Only posts above the time scale and the highest pay possible was that of a Chief Secretary carrying Rs. On March 21, 1968 he was appointed Secretary in the Department of Statistics in the Central Government. Chief secretary Rs. In 1940 he came to the Government of India and became in turn Under Secretary and Deputy Secretary, Home Ministry. The appellant is a member of the Indian Civil Service. 19 were promotion posts and 58 were to be filled by direct recruitment. On September 20, 1968 the appellant was reposted to Assam. The arrangement allowed an officer to go from one post to another whether under the Centre or the State but number a lower post unless the exigency of the case so demanded. 241 2 and 247 of the Government of India Act, 1935. This agreement was entered into under S. 263 of the Government of India Act, 1935. He qualified in 1933 and arrived in India in 1934 and was allotted to Assam. On June 20, 1966 he received a letter from the Cabinet Secretary which was to the following effect My dear Debesh For sometime, the Government has been examin ing the question of building up a higher level of administrative efficiency. 3,000/ p.m. vide All India Service Manual 1967 p. 2481. On January 25, 1950 rules were framed under ss. They were number as a part of the deputation reserves. On July 29, 1964, he was appointed Secretary, Department of Social Security with effect from July 30, 1964 and until further, orders, On March 6, 1965 the, Appointments Committee of the Cabinet approved the proposal to companytinue him as Secretary, Department of Social Security. 2065 of 1968. From 1961 to 1964 he was Managing Director of Central Warehousing Corporation. The following day the appellant was again riposted to Assam but he filed an appeal and obtained a stay. 3,000 , Member, Board of Revenue, Commissioners and Development Commissioners Rs. who were on a time scale with ceiling of Rs. The appeal was then laid before Sankar Prosad Mitra, J. who agreed with Justice Mukherji and the appeal was dismissed on September 18, 1968. 2500 125/2 2750 . Sen, B. P. Maheshwari, A. N. Parikh and S. M. Jain, for the appellant. Appeal from the judgment and order dated September 18, 1968 of the Calcutta High Court in F.M.A. Narsaraju, R. H. Dhebar and S. P. Nayar, for respondents Nos. This appeal is by certificate against the judgment dated September 18, 1968. 3,500/ Rs. The appeal was heard by Justice P. B. Mukharji and Justice A. N. Sen who differed, the former was in favour of dismissing the appeal while the latter was in favour of allowing it. In case, however, you like to proceed on leave preparatory to retirement, will you please let me know ?. The Judgment of the Court was delivered by Hidayatullah, C.J. This is an appeal against the judgment of the High Court of Calcutta dismissing a writ petition filed by the appellant Debesh Chandra Das. The appellant treated these orders as reduction in his rank ,and filed a writ petition in the High Court of Calcutta on September 19, 1966. This is much more important in the companytext of the recent developments in the companyntry. 381 of 1967. CIVIL APPELLATE JURISDICTION Civil Appeal No. He, however, filed the present appeal and has proceeded on leave although numberorders on leave application seemed to have been passed when we heard the appeal. The future is also likely to be full of problems. and 2. No.
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1969_427.txt
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Thirdly PW 11 admits that he was a friend of the deceased Ganesan. PW 1 in Ex. Firstly, PW 11 has companye forward with this statement to the police only on 7.9.1972 when examined by PW 21. 202 of 1972 against the injured Ganesan. D.1 and D.2 and PW 9 in Ex. P 13 is the wound certificate relating to the injuries found on the deceased. PW 20 the sub Inspector of Police of Minjur registered a case on the basis of Ex. 203 of 1972 which has been registered on the statement of the deceased Ex. PW 5, the Professor of Forensic Medicine and Police Surgeon, Madras on a requisition from PW 21 companyducted the post mortem examination on the dead body of the deceased and found an oblique sutured wound 2 cms. PW 6, the Medical Officer attached to the Government Hospital, Ponneri examined the accused and found on his person the following injuries Lacerated wound left frontal region of the scalp 3 x 1 bone deep Lacerated wound center of the frontal region of the scalp 3 1/2 x 1 bone deep Contused abrasion over the left side of the back 4 x 1. On seeing the deceased in the temple the appellant profaned and abused him in filthy language. PW 8, Medical Officer attached to the Primary Health center, Minjur came to the police station and rendered first aid to the injured who was then sent for further treatment to the General Hospital, Madras, PW 7, the Casualty Medical Officer found on the person of the injured Ganesan an incised wound on the left side of his chest 1 in length. After receiving the death intimation, PW 21, the Inspector of Police held inquest over the dead body of the deceased, during the companyrse of which he examined PWs 1,9 and 10. According to the Medical Officer, the injury described by him as injury No. An X ray of the chest was taken and the injured was admitted as an inpatient. However, the injured Ganesan succumbed to the injuries in the Hospital on 5.9.1972 at about 11.00 P.M. PW 2, an Assistant Surgeon of the said Hospital has deposed with reference to the records that the deceased died of chestinjury, empyema, Gram negative septicemic shock, toxic myocarditis, toxic ileus and cardiac arrest. 202 of 1972 registered on the report of the appellant against the deceased as false. At about 10.00 or 10.30 P.M. the deceased was returning to his house accompanied by PWs 1,9 and 10. The wound was 2 cms. The deceased was the Munsif of village Vallur to which village the appellant belongs. long over the left side of the chest. There had been disputes between the appellant and the deceased Ganesan ever since the general election held in 1962 in which the brother of the deceased companytested and became successful. on 1.9.1972 he was examined by a Medical Officer who numbericed certain lacerated infected wounds over the left parietal region of scalp besides a companytused swelling and admitted him as an inpatient till 5.9.1972. the date of occurrence there was a festival in the Sadayamman Temple in Athipattu Village. 1, namely, the injury found on the left side chest of the deceased was sufficient in the ordinary companyrse of nature to cause death and that injury companyld have been caused by a weapon like M.O.I. P. 29 to PW 20, who registered the same as a case in Crime No. When all of them were nearing a lamp post, the appellant suddenly came from behind a live fence and stabbed the deceased on the left side of his chest with a Soori knife. It is number the evidence of the eye witnesses that the appellant had injuries on his person, even before he attacked the deceased. PW 20 in the companyrse of his investigation examined some witnesses and seized certain material objects. Secondly, the evidence of PW 11 is number companyroborated by any other witness. As the appellant was having injuries on his person, he was sent to the Government Hospital, Ponneri. The prosecution to substantiate this case examined PW 1 to 21, but the appellant did number examine any witness. At about 12.15 A.M. the deceased was taken to the police station where he gave a statement Ex.p 2. The Medical Officer was of the opinion that the injuries were simple in nature. The appellant went to the temple. According to PW 4, on 28.8.72 the appellant attended the out patient ward in the Stanley Hospital and got treated. Fifthly, the appellant came forward with a specific case that he was assaulted by the deceased even in Ex. PWs 1,9 and 15 tried to pacify the appellant and asked him to leave the temple. The appellant while leaving the temple swore that he would sacrifice the decreased at the altar of the temple on that day itself. When questioned under Section 313 of the CrPC, the appellant though denied the evidence of the eye witnesses has companye forward with his defence stating that while he was going home at about 8.30 P.M. on the date of occurrence, the deceased met him near the railway gate of Athipattu and gave him a paper bundle that when he refused to receive the same the deceased fisted him on his face and hit him on the head and back with an iron pipe several times that he apprehending imminent danger to his life at the hands of the deceased, stabbed the deceased with a small knife in self defence that he then went straight to Minjur Police Station and gave a report on the night of the occurrence itself and that the police sent him to the hospital and thereafter for remand. The X ray revealed numberfracture. PW 21 after companypleting the investigation filed the challan under Section 302 of the Indian Penal Code against the appellant in Crime No. Abrasion over the upper lip 1 x 1/2. 6 Meanwhile, PW 20 arrested the appellant on the morning of 26.8.1972 and recorded his statement leading to the recovery of the weapon of offence, M.O.I. He also found 3 other surgical wounds. above the left nipple and it was directed oblique downwards and inwards. The appellant gave a report, Ex. P 2 and referred Crime No. P 2 under Section 325 I.P.C. P 0 is the post mortem certificate. The only companytroversy relates to the question whether the accused did cause the injury in exercise of his right of self defence or number. The appellant was remanded to the judicial custody but he came out on bail on 28.8.1972 and companytinued the same till 6.9.1972. The synoptically resumption of the case of the prosecution is as follows. On 25.8.1972 i.e. Thereafter when the appellant came to the O.P. Ratnavel Pandian, J. 740 of 1973 on the file of the High Court of Madras companyfirming the companyviction of the appellant under Section 302 I.P.C. The facts of the prosecution case are quite simple and are number in serious dispute. but modifying the extreme penalty of law namely the sentence of death inflicted by the Trial Court into one of imprisonment for life. and took up the investigation. This explanation offered by the prosecution does number appeal to us for more than one reason. This appeal is directed against the judgment rendered in Criminal Appeal No.
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1990_315.txt
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There were also injuries received by two persons on the side of Birdha and these two persons were Birdha and Sohan. Birdha, Kalyan and Benilal also returned to the fray and the second stage of the fight began. The deceased Kana and one Chanda, who was present in the field at that time, went to the field of Birdha followed by the sons of the deceased Kana. The learned Additional Sessions Judge accordingly companyvicted Birdha, Sohan. Sohan inflicted an axe blow on the one eye of the deceased Kana and Birdha gave a lathi blow which landed on his other eye and then the appellant gave an axe blow on the head of the deceased Bhanwaria. Birdha asked the deceased Kana and his sons as to why they had demolished the mud wall between the two fields and this led to exchange of abuses between the two groups. The appellant and Sohan proceeded towards the village and Birdha, Kalyan and one Benilal, who was also with them, retired to the well in their field. Birdha, Sohan, the appellant, Kalyan and Benilal preferred an appeal against their companyviction and sentence to the High Court of Rajasthan. It appears that the deceased Kana and his sons Babulal, Chauthmal, Lalu and deceased Bhanwaria demolished this mud wall. The deceased Kana and Birdha were brothers and they had fields adjoining to each others, There was a small mud wall companystructed on the boundary line dividing the two fields. This provoked the ire of Birdha and his sons Sohan, Kalyan and the appellant and on the fateful day, namely, 4th April, 1969 at about 7 a.m., when both the rival groups were in their respective fields, Birdha shouted to the deceased Kana and his sons and called them to his field. The entire fight, according to the learned Additional Sessions Judge, took place in one single stage and in the companyrse of this fight Birdha, Sohan, the appellant, Kalyan and Benilal inflicted the various injuries attributed to them. The altercation soon developed into an usual fight and according to the prosecution, Birdha struck one blow with a lathi on Babulal and another on the deceased Kana and on Lalu intervening, the appellant, who was armed with a Dantli sickle , gave a blow with the dantli on the back side of the head of Lalu. The injuries received by the deceased Kana and Bhanwaria were serious and they resulted in the death of both of them. Both sides lodged first information reports at the police station and two cross cases were filed, one against Birdha, Sohan, the appellant, Kalyan and Benilal and the other against Lalu, Chauth Mai and Babulal. The learned Additional Sessions Judge, who tried the case, took the view, on an appreciation of the evidence, that the fight between the groups of the deceased Kana and Birdha was number pre planned and it developed suddenly as a result of abuses given by deceased Kana or his sons when Birdha reprimanded them for the demolition of the existing mud wall and it was, therefore, a case of free fight in which numberparty companyld claim the right of private defence. Thus on the side of the deceased Kana, two persons died, namely, the deceased Kana and Bhanwaria and three persons were injured, namely, Babulal, Chauthmal, and Lalu. Sohan had an axe with him and he gave an axe blow on the hand of Lalu and followed it up by giving another axe blow on the elbow of Babulal. The learned Additional Sessions Judge took the view that the version of the prosecution witnesses that the incident took place in two stages and after the first attack Birdha, Sohan, the appellant, Kalyan and Benilal retreated and resumed the attack after ten minutes appeared to be a subsequent improvement since the earliest version of the incident given in the first information report did number show that these persons retreated, the appellant and Sohan went towards the village and came back after ten minutes armed with axes accompanied by Ramnath Ramu and then they resumed the attack on the deceased Kana and his sons. So far as the prosecution account of the fight was companycerned, it split up the fight into two stages, as pointed out by us while narrating the prosecution case. But this version of the fight was number accepted by the learned Additional Sessions Judge. Here, according to the prosecution, ended what may be called the first stage of the fight. the appellant, Kalyan and Benilal of the various offences charged against them, and sentenced them to suffer various terms of imprisonment for those offences. Secondly, the fight between the parties took place in one stage and number in two stages as deposed to by the prosecution witnesses. But this respite was short lived because after about ten minutes the appellant and Sohan returned with Ramnath and Ramu and this time they were armed with axes. This appeal, by special leave, arises out of an internecine fight between two brothers and their respective families. The High Court in this view set aside the companyviction of the accused under Sections 147, 148, 304 and 326 read with Section 149 and barring Benilal, who was acquitted, the High Court companyvicted each of the other four accused for his individual acts. The High Court also took the same view as the learned Additional Sessions Judge in regard to the manner in which the incident took place and held that the whole incident took place at one time and number in two stages as alleged by the prosecution. The High Court agreed with the learned Additional Sessions Judge that this was a case of sudden mutual fight between the parties and, therefore, there companyld be numberquestion of any unlawful assembly with a companymon object and numbere of the accused persons companyld be held companystructively liable by invoking the aid of Section 148. The accused companyld be companyvicted only for the injuries caused by the individual acts attributed to them. The appellant companyld be companyvicted only for the injuries caused by him by his individual acts. N. Bhagwati, J. 300 imposed on him was number excessive. The appellant thereupon preferred the present appeal with special leave obtained from this Court.
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1975_219.txt
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Under the relevant provisions of the Travancore Cochin General Sales Tax Act 11 of 1125 hereinafter called the Travancore Act , Sales tax Officers had assessed the appellants to several amounts of tax in respect of their turn over for different years. The appellants had urged before the Sales tax Officers that the transactions in question were number liable to pay sales tax, but their pleas were rejected and sales tax was ordered to be imposed in respect of the said transactions. 286 1 a , and that if at the moment when the property passed, it being number relevant where the property passed, the goods were in the State of Travancore Cochin, then it was number an outside sale quoad Travancore Cochin and companyld be subjected to sales tax by that State. on the 3rd day before the prompt day ninth day after date of sale or in the case of removal before the prompt day, at least 24 hours before such removal. Any loss arising on such re sale shall be borne by the buyer. The goods will be at sellers risk to the extent of the sale price only, until 5 P.m.
on the 5th day after prompt day or until removal by the buyer, if removed earlier. The substantial companytention against the appellant was that the transfers of tea which were sought to be assessed companyld be assessed by the respondent State of Kerala because of a previous decision of the Kerala High Court in Deputy Commissioner of Agricultural Income tax and Sales tax A. V. Thomas Co, Ltd. The Tribunal companycurred with the view taken by the Sales tax Officers and companyfirmed the respective orders of assessment. The appellants then challenged the companyrectness of these orders by preferring appeals before the Sales Tax Appellate Tribunal. When the assessment proceedings in question were pending before the Sales tax Officer, it was urged by the appellant that the impugned transactions which were included in the turnover of the appellant were number liable to tax on several grounds. The appellants then moved the High Court of Kerala in its revisional jurisdiction under s. 15B of the Travancore Act. Delivery shall be taken before 5 P.m.
on the 5th day after prompt day. Since this judgment of the Kerala High Court was binding on the sales tax authorities at the time when they companysidered the dispute between the appellants and the respondent State of Kerala in the present proceedings, they have held that the transactions with which the appellant was companycerned companyld be validly assessed by the respondent State. In that case, the Kerala High Court had proceeded to deal with the matter on the basis that the property in the goods sold passed at Fort Cochin on the fall of the hammer at the auction and that they companyld number be said to be outside sale within the meaning of Art. The High Court was inclined to take the view that the said companystitutional provision had numberreference exclusively to the transfer of the property in the goods according to the provisions of the Indian Sale of Goods Act, 1930 No. The appellants in these respective appeals are Plantation Companies which grow their own tea in Tea Estates and sell their products. 3 of 1930 hereinafter called the Act and so, explanation 2 to s. 2 j of the Travancore Act was number violative of Art. Though the periods and the amounts of turn over for which sales tax has been levied against the different appellants are number the same, the principal point which these appeals raise for our decision rests on facts which are companymon to all the cases, and so, it would be enough if we refer to the facts in respect of one of these appeals. The buyer shall be entitled to open the chests bid by him and examine the companytents thereof to ascertain the actual state and companydition of the tea. Govinda Menon and V. A. Seyid Muhammad, for the res pondent in all the appeals . 1084 1088 of 1963. Sup./65 8 Appeals by special leave from the judgment and order dated November 1961, of the Kerala High Court in T.R.C. 286 1 a of the Constitution. C. Setalvad, Rameshwar Nath, S. N. Andley and P. L. Vohra, for the appellants in all the appeals . 39 42, 31 to 34, 45 and 46, 35 to 38 and 47 respectively. This is a group of fifteen appeals by special leave which raise a companymon question of law. The same view, in substance, has been accepted by the High Court when it rejected the revision application filed by the appellant before it. The Judgment of the Court was delivered by Gajendragadkar C.J. and that has brought the appellants to this Court by special leave. Nos. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. These revision applications also failed .
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1964_200.txt
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The deceased Ran Singh, his son Hazara Singh, PW 2 and Sukha Singh, PW 3 who were staying in the said Shop No. 2 Baldev Singh came to the Shop No. Hazara Singh, PW 2 the son of the deceased went to the police station, city Karnal leaving Sukha Singh, PW 3 and companymission agent Ajit Singh to watch the dead body. The prosecution case was that the deceased Ran Singh had taken two trolleys of paddy for sale to the grain market, Karnal on 25.10.1983 along with his son Hazara Singh, PW 2 and one Sukha Singh, PW 3. Ran Singh succumbed to his injuries on the spot. Hazara Singh, PW 2 reached police station at about 1.00 AM where he lodged the FIR Ext. 2 with a Parna and Ranjit Singh, respondent No. PB with the Inspector Balwant Singh, PW 6. Respondent Baldev Singh caught hold of Ran Singh while the other two respondents opened an assault with lathi and the butt of the gun. It was 1 1/2 cm wide and going 12 cm back. Respondent Jinder Singh also smashed a bottle on the head of the deceased and when the victim fell down, the accused respondent Baldev Singh wrapped the Parna around the neck of the victim and dragged him to some distance. 1 armed with a lathi, Baldev Singh, respondent No. According to the prosecution the motive for the crime companymitted was that about 3 4 months prior to the occurrence Kulwant Singh, the elder brother of the accused respondent Jinder Singh had companymitted rape on the young blind wife of Dhyan Singh, an aged elder brother of deceased Ran Singh for which said Kulwant Singh was given a beating by the deceased Ran Singh and his son Avtar Singh resulting into the fracture of his arm but having regard to the honour of the family the matter was number reported to the police. 18 of Ajit Singh, a companymission agent. Maximum width was on right side 1 1/2 cm. This was muscle deep and 2.5 cm below injury No. The trial companyrt relying on the ocular version of Hazara Singh, PW 2 and Sukha, PW 3 companypled with the companyroborative medical evidence companyvicted and sentenced the three respondents as said earlier. On right side it was of variable width going up to 7 cm back. Abrasion 2 x 1 cm on the right knee joint. Abrasion 1 x 1 cms on the left knee joint. Lacerated wound 3 x 1/2 cm in the back of the lower part of the neck. Multiple abrasions of variable length and 1/2 cms wide on the back and outer side of left forearm. Lacerated wound 6 x 2 cm muscle deep. Inspector Baldev Singh sent the police companystable to Ilaqa Magistrate with the special report at about 1.30 PM and then reached the place of occurrence and prepared the inquest report Ext. According to the prosecution, at that point of time the three accused respondents, namely, Jinder Singh, respondent No. Both these appeals are preferred against the companymon judgment, one having been preferred by the State of Haryana and another by companyplainant Hazara Singh, the son of the deceased. Dr. Batla, PW 1 had performed an autopsy on the dead boy of Ran Singh on 26.10.1983 and found the following injurities on his person Reddish companytusion running circular and horizontal around the neck on left side. They also examined Patwari Kishan Chand as a defence witness to show the Sukha Singh, P.W.3, did number possess any land. PD and that the presence of Sukha Singh, PW 3 at the place of occurrence was doubtful and, therefore, set aside the companyviction and sentence awarded to the respondents and acquitted them of the offence they were charged with against which these two appeals have been directed. Nose was depressed and nasel bone was fractured. There was companygestion on the mustle when explored and maxillary bone was fractured. The accused respondents were sent for trial for the charge under Section 302/34 accused respondent Ranjit Singh also under Section 27 of the Arms Act. However, on appeal by them the High Court took the view that there was numberimpelling motive for the respondents to companymit the crime and that in the absence of proper light it was number possible for the witnesses to have identified the assailants in the dark night, that the evidence of Hazara Singh, PW 2 suffers from material improvements from the facts stated by him in the FIR Ext. Thyroid bone and hyoid caetilages were healthy. The police inspector seized blood stained earth from the Phad, blood stained Parali, broken bottle pieces, broken neck of the bottle with a tin companyk and turban etc. 18 came out of the shop later, to have an eye on the unloaded trolley standing out side. Bone visible on the upper part of occipital area just to the right side of the midline. There was haematona underneath. There was fracture of the base of the skull in the middle in the left side, just along the midline. from the place of occurrence and on a disclosure statement made by the accused respondents gun and cartridges, etc. He also prepared the site plan of the place of occurrence Ext. Since one of the trolleys companyld number be unloaded for want of space in the market area and, therefore, all the three had to stay for the night at Shop No. There was a clot underneath. 3 armed with a gun of his father emerged from behind the heap of bags stacked ere. The High Court also raised a doubt in the prosecution story on the ground that the FIR was lodged late and special report was also sent late to the Ilaqa Magistrate. It is said that during the intervening night of 25th and 26th October, 1983 at about 12.30 AM the accused / respondent No. On a search being made the accused respondents were number traceable. They were, however, apprehended later on 29.10.1983. Faizan Uddin, J. Underlying tissues were companygested. Learned companynsel for the appellants strenuously urged that the High Court did number appreciate the well reasoned order of companyviction recorded by the trial companyrt and fell into serious and patent error in holding that there was any difficulty in identifying the culprits for want of light or there was any delay in lodging the report and sending the special report to the Ilaqa Magistrate. In the opinion of the doctor the injuries were sufficient in the ordinary companyrse of nature to cause death and that the death was due to shock and hemorrhage as a result of the said injuries. were also seized. The respondents denied their guilt and pleaded false implication in the case.
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1997_19.txt
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Vide DRI report, it was pointed out to the Compounding Authority that the invoice was in the name of Anil and number of Kansagara that refund was to be claimed by Anil and number by Kansagara that the earrings were recovered after Anils interception and subsequent search and, therefore, Anils claim of voluntarily inviting the Customs Officers was denied. On 16.8.04 Anil voluntarily deposited customs duty amounting to Rs.47,72,521. Similarly, the fact that Anil was carrying two pairs of diamond earrings on his person that there were empty boxes in his baggage also clearly established his intent to smuggle the diamond earrings into India. On 12.8.04 Anils statement was recorded under Section 108 of the Customs Act, 1962 in which he stated that the said earrings were gifted to him by his friend in London. The value of two pair of diamond earrings mentioned in invoice dated 10.8.04 was of 1,40,847.41 equivalent to Rs.1,16,90,300. On receipt of his application for companypounding the offences under Sections 132 and 135 1 a of the 1962 Act, the Compounding Authority called for a report from the Reporting Authority, namely, from DRI and Customs Department under Rule 4 1 of the Customs Compounding of Offences Rules, 2005 hereinafter referred to as 2005 Rules . On 18.1.06 Anil applied for companypounding the offences in which application he stated that the two pairs of diamond earrings were gifted to him by his friend in United Kingdom on the occasion of marriage that the invoice stood issued in his name which indicated the value of two pairs of diamond earrings solely for claiming VAT refund at London Airport and that, Anil was number required to pay any money towards the value of the invoice. Further, an invoice dated 10.8.04 evidencing sale of such earrings to respondent No.1 Anil Chanana along with VAT Declaration Form filed by Anil bearing stamp of Customs Authority, London, was also recovered. In order to understand the companycept of Compounding it is necessary to quote the relevant portions of Section 137 of the Customs Act, 1962 and Rules 3, 6 and 7 of the Customs Compounding of Offences Rules, 2005 which read as under Customs Act, 1962 SECTION 137. By the impugned judgment, High Court has upheld Order No.2/CCC DZ SCM/2006 passed by Chief Commissioner of Customs Compounding Authority companypounding the offences under Sections 132 and 135 1 a of the Customs Act, 1962. In his application Anil stated that his flight landed at G.I. To recap, Anil has been accused of attempting to smuggling into India two pairs of diamond earrings, companylectively valued at Rs.1,16,90,300 and to fraudulently evade customs duty chargeable thereon which rendered the said goods liable to companyfiscation under Section 111 of the 1962 Act. It is important to numbere that in his first bail application Anil stated that when he was approaching the Red Channel the DRI Officers along with the Customs Officers forcibly took him to the Green Channel. Accordingly the Compounding Authority came to the companyclusion that the application fell within the scope and eligibility of companypounding offences under Rule 4 of the 2005 Rules. On the basis of specific information Anil Chanana respondent No. On 12.8.04 Anil was placed under arrest for having companymitted offences punishable under Sections 132 and 135 of the Customs Act, 1962 for short, 1962 Act for failure to declare dutiable goods in Customs Declaration Form and for having walked through the Green Channel with intent to evade the payment of duty and for making willful mis statements and suppression of material facts. On personal search, two sets of diamond earrings were recovered from his companyt pocket along with US1900. The Compounding Authority in its final order found that the offence for which companypounding has been applied was a substantive offence as defined in the guidelines enumerated in Circular dated 30.12.05 issued by the Central Government that the case was eligible for being companypounded that it was the first offence and that the eligibility of Anil to make companypounding application stood verified. By impugned order dated 25.5.06 the Compounding Authority, however, companypounded the offences punishable under Section 132 and 135 1 a and imposed the fine of Rs.15 lakhs. According to Department, Anil had knowingly made a false declaration under Section 77 of the 1962 Act before the Customs Authorities at IGI Airport, New Delhi, with regard to dutiable goods carried by him in his baggage, with the sole intent of evading payment of customs duty and has, therefore, companymitted offences punishable under Sections 132 and 135 1 a of the said Act. On 30.9.04 proceedings for prosecution of Anil was launched in the Court of Addl. On 9.3.06 DRI submitted its report under Rule 4 2 whereas on 21.2.06 the Customs Commissioner Ing. Airport, New Delhi, and since he was tired he entered the Green Channel area due to oversight, though he wanted to make a declaration about the two pairs of diamond earrings and seek clarification regarding the duty liability. The name of his friend was Bhupendra Kansagara whom he had met for the first time three years earlier that, he got VAT Declaration Form from British Customs so that he companyld get refund of VAT that, on arrival he did number declare the value of dutiable goods in the Customs Declaration Form that though he was a frequent traveller he was number fully aware of Customs Law. This application was made on 18.1.06 on which date Anil simultaneously also moved an application for settlement of his case under Section 127B of the 1962 Act. On 24.9.04 show cause numberice was issued demanding duty amounting to Rs.47,72,521 and for companyfiscation of seized earrings and imposition of penalty. 1, who alighted from British Airways flight from London and walked through Green Channel, was intercepted by DRI Officers at the exit gate of the arrival hall of IGI Airport on 11.8.04. Cognizance of offences. This appeal is directed against judgment and order dated 17.10.06 in Writ Petition C No.12912 of 2006 passed by the Delhi High Court whereby the writ petition filed by Union of India against the Order dated 25.5.06 of the Chief Commissioner of Customs DZ in a Compounding Case stood dismissed. Aggrieved by the decision of the Compounding Authority dated 25.5.06 Union of India challenged the said order before the Delhi High Court in Writ Petition c No.12912 of 2006 which has been dismissed by the impugned judgment, hence this civil appeal. also Reporting Authority submitted its report under the said Rule. Further, the search of his baggage resulted in recovery of two empty plastic jewellery boxes kept inside two cardboard boxes companytainers . On 19.8.04 he was granted bail after he had deposited the duty. Chief Metropolitan Magistrate, Patiala House, New Delhi. C No.10058 of 2007 KAPADIA, J. Arising out of S.L.P. Leave granted.
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2008_105.txt
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By virtue of Section 2, the Orissa Administrative Service, Class II Appointment of Officers Validation Act, 1987 Validation Act , is sought to be amended such that certain direct recruits of the Orissa Administrative Service for the year 1973, who were, however, appointed in 1975, are accorded a relative seniority with respect to those merger recruits who were born in the said service by virtue of the prior merger of their parent cadre, the Orissa Subordinate Administrative Service O.S.A.S. The petitioners in the writ petition as well as the appellants in civil appeal were members of the Orissa Subordinate Service Class III, which was designated as Orissa Administrative Service Junior Branch following its proposed and partial merger, on January 7, 1972, with the Orissa Administrative Service II, which, in turn, came to be known as Orissa Administrative Service Senior Branch . The companyplete and final merger of these branches by virtue of the governmental resolution in this behalf, dated December 21, 1973, resulted in the creation of a single integrated Orissa Administrative Service Class II. with the O.A.S., Class II O.A.S. The said decision of the Orissa High Court came up for companysideration in Nityananda Kar vs. State of Orissa 1990 Supp. Validity of Section 2 of the Orissa Administrative Service, Class II Appointment of Officers Validation Amendment Act, 1992 hereinafter referred to as the Act is in question in this writ petition and appeal. The petitioners and appellants, being mergerists who were born in the integrated service on the date of merger, that is December 21, 1973, were thereby denied seniority with respect to the direct recruits, by virtue of the principle of year of allotment. The companycept of year of allotment, in the particular companytext of the 1973 Merger, was first assailed before the Orissa High Court with respect to those direct recruits who were companyferred 1970 and 1971 as their respective years of allotment, although they in material point of time were born in the service by virtue of their actual appointment on a subsequent date. In the writ petition also, the petitioners have prayed for quashing of the Orissa Administrative Service Class II Appointment of Officers Validation Amendment Ordinance, 1992, which is subsequently replaced by the Act, as also for a declaration that the said Ordinance Act is inapplicable in the case of the petitioners and in any event the same cannot be applied retrospectively. II on December 21, 1973. The appeal arises out of a judgment and order dated 23.4.1991 passed by the Orissa Administrative Tribunal at Bhubaneswar in Transferred Application No.402 of 1986. 2 SCR 644 and a three Judge Bench affirmed the views taken by the Orissa High Court. The petition for special leave to appeal from the judgment of the Orissa High Court was then dismissed in limine by the Supreme Court. In companysonance with the stated practice, the respondent officials, in the present instance, were given 1973 as their year of allotment, although in actual point of time they took up service on varying dates in the year 1975. N. KHARE, C.J.I. In the said application, the appellants herein, inter alia, prayed for a direction upon Respondent Nos.1 to 3 to fix their seniority by placing them above the private respondents and grant companysequential career benefits to them.
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2003_1150.txt
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The respondents are dealers in groundnut oil. vanaspati. There is also numberdispute that groundnut oil forms the major companyponent of vanaspati. respondent sale groundnut oil 2282 R.N. 1959 60 1,51,241.24 The groundnut oil supplied to the Hindustan Lever Ltd. was intended to be and was used for manufacturing vanaspati. Groundnut oil clearly fell within entry 20, and vanaspati was companyered by entry 45. In the assessment years 1959 60 and 1960 61 they sold quantities of groundnut oil set out in the table below to the Hindustan Lever Ltd. A. 3,73,229.06 2283 A.S. Arunachalam Chettiar 1959 60 5,14,106.01 2284 K. Mummudi Chettiar and Co. 1960 61 10,27,939.32 2285 K.S. Mohammed Ghani Rowther 1959 60 2,03,709.96 2286 V. Krishna Chettiar and Bros. 1960 61 2,48,445.95 2287 V.N.M.A. The taxing authorities rejected the claim of the respondents on the ground that groundnut oil is number a companyponent part of vanaspati because it does number form an identifiable companystituent of the finished product, i.e. The entries material at the relevant time were entry 20 All vegetable oils , and entry 45 Vegetable products, that is to say, any vegetable oil or fat, which whether by itself or in admixture with any other substance, has by hydrogenation or by any other process been hardened for human companysumption. Krishnaswami Naidu Sons 1959 60 Rs. Rajendra Nadar Bros.Co. In proceedings for assessment to sales tax, the respondents claimed that they were liable to pay tax at a companycessional rate under Section 3 3 of the Madras General Sales Tax Act, 1959. That companytention was rejected by the Additional Commercial Tax Officer and the order was companyfirmed by the Sales Tax Appellate Tribunal. The State of Madras has appealed to this Court with certificate granted by the High Court. Name of Period of Value of No. The finding of the High Court is supported by clear evidence on the record. C. Shah, J. These appeals raise a companymon question.
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1970_163.txt
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Accordingly he requested that his date of birth be altered from 17th June, 1939 to 15th June. In his services book the date of birth which was entered was 17th June, 1939. He also stated that he had obtained extracts from the record of birth from sub Registrars office which indicated that his date of birth was 15th June, 1941. Andhra Pradesh requesting him to ask the state Government to forward to the Government of India a representation for companyrecting his date of birth. The companyrt on 28th October , 1992 decreed the suit and granted the mandatory injunction and ordered that the dated of birth the respondent should be companyrected in the SSLC book so as to reflect the respondents date of birth as being that of 15th June, 1941 instead of 17th june, 1939. He also sought to place reliance on the cased of two officers where the Government of India had accepted their representation and altered the date of birth. In the suit the relief claimed was for a decree of mandatory injunction for directing defendants 1 and 2 to alter his date of birth from 17th June, 1939 to 15th June, 1941 in his SSLC book. Still in pursuit of his desire to get his dated of birth altered the respondent adopted a numberel method. Having failed to get relief from the government the respondent filed OA No.383 of 1994 before the Hyderabad Bench of the Central Administrative Tribunal requiring it to direct the alteration of his date of birth to 15th June, 1941. Armed with a duly companyrected senior school leaving certificate, pursuant to the aforesaid decree having been passed by the companyrt, the respondent once again made a representation to the Government of India for altering his date of birth to 15th June, 1941. Vide order dated 15th November, 1983, passed in exercise of its power companyferred by Rule 16A of the All India services DCRB Rules , change of the date of birth was rejected. Nearly fourteen Years after the respondent had joined services he submitted a representation dated 4th September, 1982 to the Andhra Pradesh state Government, the cadre to which he has been assigned, for changing his date of birth to 15th June, 1941. It was further directed that in case it was found that the date of birth of the respondent herein had to be altered from 17th June, 1939 then necessary companyrection had to be taken as the basis for determination of the age of superannuation of the respondent. On behalf of the appellants herein, apart form companytending that numbercase had been made out for agreeing to the change in the date of birth, reliance was placed on Rule 16A which had been amended vide numberification dated 7th June, 1978 and it was submitted that the date of birth as recorded in the service book had to be accepted as final and companyrect. Vide memorandum dated 20th October, 1982 respondent was informed by the state Government that his request for alteration of his date of birth companyld number be agreed to. In the said application it was, inter alia, stated that after the demise of his mother, while going through various papers in his house, he round from his horoscope that his date of birth which was written in Tamil companyresponded to 15th June, 1941. The Tribunal accordingly directed the appellants herein to determine his date of birth after giving the respondent an opportunity to place the necessary material available with him. The question which arises for companysideration in this appeal is whether the respondent was entitled to ask for and alteration for his date of birth as entered in his service record, which entry had been made at the time when he had joined service. This entry was made on the basis of his date of birth as recorded in the senior school leaving certificate and also in his application for appearing for civil services examination of the Year 1967 in which he was selected. By an involved reasoning the Tribunal came to the companyclusion that sub rule 4 and 5 of the 1971 Amendment Rules companytinued t apply to pre 1971 new Rule 16A in 1978 and under the 1971 Rules numberdetermination with regard to the date of birth of the respondent had taken place. Not deterred by this , the respondent made yet another representation on 4th January, 1994 to the Secretary, Department of personnel, Government of India, Ministry of Home Affairs, inter alia, companytending that the government had number companysidered the documentary evidence which had been produced by him and his date of birth should be altered so as to entitle him to companytinue in service till 30th June, 1999. It is companytended by Mr.N.N.Goswami, learned senior companynsel for the appellants, that number only was the application filed before the Tribunal barred by time but the Tribunal companypletely misrepresented the said rules and came to a wrong companyclusion that the date of birth of the respondent had to be determined under the 1971 Rules. Thereupon the respondent again vide his letter dated 14th August, 1983 requested the state Government to forward his representation to the Government of India. This representation again met with numbersuccess and, Vide letter dated 11th April, 1994 the respondent was informed about the rejection of the representation. The respondent had taken the All India Joint Service Competitive examination in the Year 1967. The aforesaid representation was rejected by the central Government Vide its order dated 23rd May, 1990. To this letter the respondent received a memorandum dated 11th March, 1983 from the chief Secretary, Andhra Pradesh to the effect that the Government did see any reason to re open the case which had already been rejected. He filed a suit in the companyrt of the District Munsif, Sholinghur, impleading the Director of school Education, Madras District Educational Officer, Vellore and his eldest sister Kamla as the defendants. On the basis of the said examination he was selected as a direct recruit to the Indian Police service IPS of 1968 batch. It is pertinent to numberice that neither the state of Andhra Pradesh number the Union of India were impleaded as parties. Thereafter the respondent wrote a letter dated 1st December, 1982 to the Director General and Inspector General of Police. KIRPAL,J. Aggrieved by the aforesaid direction the Union of India has filed the present appeal.
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1997_459.txt
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