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iv were after the amendment called revision of pay passage and pension regulations. 50/ per mensem was awarded to each officer as passage pay which was to be credited to the general passage fund out of which passage benefits to officers were provided according to the scheme of the rules as amended in 1926 a separate passage account was to be maintained for each officer for the maximum benefits prescribed by rule 3 and the disbursement in respect thereof were to be made of the general revenue of the state. the appellant protested against the cancellation of the passage benefits for himself and the members of his family. 6 of the regulations it was directed that a separate passage account be opened for each officer and if he be married for his wife and children if any. subject to regulations the accounts wire to be credited respectively with the number of passages to which the officer his wife and children were entitled under the new regulations. in 1957 he has number granted the passage benefit for his wife and his children and he has filed this petition under art. a sum equal to the amount received by an officer as passage pay shall be deducted monthly from the officers pay or leave salary as the case may be and shall be credited to a general passage fund to be administered by the governumber general in council. schedule iv appended to the regulations set out an elaborate scheme for maintaining accounts of the passage pay and for disbursement thereof. by the amendment made in the rules in 1926 the passage benefit ceased to be a part of the salary and became an allowance or privilege. of india were of the opinion that the passage benefits admissible to officers of indian domicile under the said statutory rules were inconsistent with the existing circumstances and it was decided with effect from the date of issue of the order that the benefits shall cease and the passage accounts of indian officers of the former secretary of state services shall be closed and passage credit left over will lapse to the government. 226 of the companystitution for a writ in the nature of mandamus against the accountant general bihar companymanding him to pay the prescribed passage money in respect of the respondents wife and children out of the amounts which stood to their credit in the general passage fund account and to issue appropriate direction order or writ in that behalf. the respondent then arranged to travel to the united kingdom and on june 20 1956 obtained passage certificates from the accountant general bihar. on february 3 1956 the respondent enquired of the accountant general of bihar about the number of passages to which he and the members of his family were entitled under the superior civil services revision of pay and pension rules 1924 hereinafter called the statutory rules. 3 of the rules passage benefits provided by the statutory rules ceased with retrospective effect from july 12 1956 to apply to the members of the indian civil service. the respondent obtained benefit of these passages in 1930 1950 51 and 1952 53 for himself and the members of his family. rule 12 as amended reads as follows in addition to the pay prescribed by these rules passages shall be granted subject to the companyditions set out in schedule iv to the members of the services and holders of appointments enumerated in appendix a to that schedule. regulations 3 5 6 1 89 and 14 which are the material regulations stood as follows there shall be payable to every officer with effect from the 1st day of april 1924 passage pay at the rate of rs. the government of india waived the original order of july 12 1956 in favour of the respondent and ordered that he be granted passage benefit for himself but declined to relax the order in favour of the wife and children of the respondent. numberember 21.
the judgment of the companyrt was delivered by shah j. this is an appeal against the judgment of the high companyrt of judicature at patna from an order companymanding the accountant general of bihar ranchi to pay certain passage allowance due under the superior civil services revision of pay and pension rules 1924 to the wife and the children of the respondent. the statutory rules were framed by the secretary of state for india in council under s.96b 2 and 3 of the government of india act 1919 on december 9 1924.
rule 12 of the statutory rules provides in addition to the pay prescribed by these rules passage pay shall be granted at the rates and subject to the companyditions set out in schedule iv to the members of the services and holders of appointments enumerated in appendix a to that schedule. the regulations under sch. stood in the account of his wife and 138 stood credited in the separate accounts of each of his four children. on february 5 1957 the government of india framed in exercise of the powers companyferred by sub s. 1 of s. 3 of the all india services act 61 of 1951 the all india services overseas pay passage and leave salary rules 1957.
by cl. 226 for an order that the union of india and the accountant general do carry out their statutory obligations. whereas by the rules as originally framed in 1924 an additional salary of rs. within the limits of these credits the officer was entitled to draw for himself his wife and his children respectively the port of a journey between a port in india and a port outside asia. the accountant general by letter dated march 6 1956 stated that 284 6 s. stood in the respondents credit 341 3 5d. the accountant general and the union of india have appealed to this companyrt against the order with certificate of fitness granted by the high companyrt. original regulations 3 4 and 5 were omitted and regulations 6 8 11 and 14 were 6 amended. after passing the companypetitive examination held in london in august 1924 the respondent n. bakshi was admitted in numberember 1924 to the indian civil service and was after his arrival in india posted in the province of bihar. 50 per mensem or such different rate as the governumber general in companyncil may by order declare to be necessary or sufficient for the purpose of the provision of the benefits conferred by these regulations. the respondent accompanied by his wife and children proceeded to the united kingdom as originally arranged and on his return filed a petition under art. he continued to serve in the state of bihar after independence. judicial case number 40 of 1957.
c. setalvad attorney general for india ganapathy iyer r. h. dhebar and t. m. sen for the appellants. on july 121956 the respondent was informed that the govt. civil appellate jurisdicition civil appeal number 704 of 1957.
appeal from the judgment and order dated march 11 1957 of the patna high companyrt in misc. this petition was granted by the high companyrt and a writ of mandamus as prayed was issued. p. verma for the respondent.
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1961_400.txt
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During the relevant assessment year, the assessee received refunds of income tax of 3,02,90,898/ in the life insurance business. The assessee Life Insurance Corporation of India Corporation is a statutory Corporation established under the Life Insurance Corporation Act, 1956 with effect from 1st September, 1956. The assessee companytended before the Income tax officer that the entire amount of refund was number includable in the revenue account and treated as profits and gains of the assessee for the assessment year under companysideration. That question is as under Whether on the fact and in the circumstance of the case,the sum of Rs.23,959/ being the refund of income tax received by the Corporation during the undervaluation period in respect of the income tax upto the assessment year 1956 57 of the life insurance bus insurers of the erstwhile insurers whose business had been taken over by the Corporation, should be allowed as a deflection while companyputing the income of the assessee under Rule 2 1 b of the First Schedule to the Income tax Act, 1961? 3,02,90,898/ included in the revenue account, the sum of Rs. The Income tax Officer rejected the companytention and included the entire amount in the revenue account. The assessee as well as the revenue preferred appeals to the Tribunal. Commissioner found that this sum of Rs.2,73,50,939/ only had entered into the surplus of the earlier intervaluation period out of Rs.3,02,90,898/ . The relevant assessment year is 1963 64 for which the accounting period ended on 31.3.1963. On the analysis of the refunds and the assets to which they related, the Appellate Asstt. In the assessees appeal, the Appellate Assistant Commissioner held that out of the amount of Rs. In this appeal, numberfurther reference to the other six questions is necessary.
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1996_193.txt
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Abhay Manohar Sapre, J. This appeal is directed against the final judgment and order dated 30.09.2011 passed by the High Court of Judicature at Bombay in Writ Petition No.6235 of 2011 whereby the Single Judge of the High Court dismissed the writ petition filed by Signature Not Verified Digitally signed by ANITA MALHOTRA the appellants herein. Leave granted.
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2019_73.txt
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That altercation was followed by PW2 slapping the appellant. Ravindra Swamy hit the scooter with an iron rod as a result of which PW2 and PW3 fell down, whereafter the appellant is said to have stabbed PW2 with knife in his abdomen. PW2 was taken to the hospital. This occurrence took place at 4.00 p.m. Later at 9.00 P.M. when PWs 2 and 3 closed their shop and left for their house on a scooter driven by PW2, the appellant along with one Ravindra Swamy accosted them on the way. On the basis of the report lodged by PW3 the case was investigated and ultimately the appellant along with Ravindra Swamy was put up for trial before the Additional Sessions Judge, Pune being Sessions Case No.317 of 1990. The case of the prosecution is that on 20th May, 1990 at about 4.00 P.M. an altercation took place between PWS 2 and 3 on the one hand, and the appellant on the other. At the trial the prosecution relied upon the evidence of PWS 2 and 3. It maintained the sentence of fine. It also relied upon the recovery of weapon of offence, namely, a knife at the instance of the appellant. With the assistance of companynsel appearing for the parties, we have gone through the evidence on record. On appeal preferred by the appellant, the High Court affirmed the order of companyviction but reduced the sentence as earlier numbericed.
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2005_257.txt
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A liberty has been given to the owners occupiers builders to file fresh buildings plans with the Corporation in companyformity with the existing bye laws. M. Bagai, V. Shekhar, Ms. Bina Gupta and Ms. Monika Mohil for the Appellants. 3499 of 1989. These appeals have been filed against an order passed by the Delhi High Court directing the Municipal Corporation of Delhi hereinafter referred to as the Corporation to issue appropriate numberices to the owners occupiers builders of the building where illegal companystructions have been made. 2531 33 of 1993. Kapil Sibal, Ranjit Kumar and R.P. From the Judgment and Order dated 19.2.1991 of the Delhi High Court in C.W.P. Initially a writ application was filed in respect of some private dispute between two neighbours. Sharma for the Respondents. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. The Judgment of the Court was delivered by P. SINGH. Special leave granted. J. No.
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1993_323.txt
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this was town planning scheme surat number 8 umarwada . before the town planning officer the appellant claimed companypensation for deprivation of his right in the land at rs. 331455.
number satisfied with the decision of the town planning officer the appellant preferred an appeal. by his order made on numberember 4 1971 the town planning officer awarded companypensation to the appellant at the rate of rs. the judgment of the companyrt was delivered by gupta j. on june 26 1965 the surat municipal corporation then called surat borough municipality declared its intention to make a town planning scheme under section 22 of the bombay town planning act 1954 hereinafter referred as the act . bhatia for intervener surat municipality. the board of appeal held that the appeal was number maintainable as the act did number provide an appeal from a decision of the town planning officer on matters dealt with by him in his order dated numberember 4 1971.
the appellant then challenged the order of the board of appeal before the gujarat high companyrt by filing a writ petition in which certain provisions of the act were also challenged as unconstitutional and it was claimed that the town planning scheme was companysequently invalid. section 34 read with section 32 1 of the act provides an appeal from the decision of the town planning officer on certain specified matters to a board of appeal. 2.40 p. per sq. 9.50 p. per sq. on july 4 1967 a draft scheme was published which included among other lands an area admeasuring 137961 sq. 50 per sq. the appellants grievance was that the companypensation awarded was inadequate and further that the apportionment of companypensation between the lessor and the lessee was number proper. he also questioned the propriety of reserving such a large area of land for the scheme. desai and m.n. on may 10 1968 government of gujarat granted sanction to the draft scheme. parekh and miss vineeta caprihan for the appellant. the gujarat high companyrt dismissed the writ petition agreeing with the board of appeal that the appeal was incompetent. the total compensation awarded was rs. soli j. sorabjee g.n. meters of which appellant as karta of a hindu undivided family was the lessee. before the board of appeal the appellant reduced his claim to rs. shroff for respondent number 1 n. desai prashant g. desai and s.c.
patel for respondent number 2 k. dholakia and r.c. number 1501 of 1974 s. nariman dr.
chitale k.s. nanavati c.r. gandhi p.h. civil appellate jurisdiction civil appeal number 1224 of 1977.
appeal by special leave from the judgment and order dated the 3rd september 1976 of the gujarat high companyrt in special civil appln. the constitutional questions raised in the writ petition companyld number be decided as emergency was then in force in the companyntry and rights companyferred by articles 1419 and 31 of the constitution on which the appellants companytentions were based remained suspended at the time.
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1981_388.txt
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It is with this certificate that the petitioner has moved this Court for the cancellation of the decree in question in regard to the 11 properties at Kirtgeri. These lands are situated at Kirtgeri in the Taluk of Gadag. Thereupon the said companyrt acted upon the certificate and cancelled the execution process which had been issued against the Patilki assigned property of Kirtgeri. These properties were and are in the possession of the petitioner. Petition for cancellation of the decree dated November 25, 1949, granted to the Respondent by the Order in Council in Privy Council Appeal No. The petitioner has obtained a certificate prescribed under s. 10, and he companytends that as a result of the said certificate this Court should cancel the decree as claimed by him in the petition. Thereafter the petitioner applied for a reissue of a certificate under s. 10 and prayed that the certificate 1 1881 V BOM. The respondent then challenged the High Court decree and went up to the Privy Council in Appeal No. It appears that after this certificate was issued by the Assistant Commissioner, Gadag Division, the respondent filed an appeal to the Deputy Commissioner, Dharwar. Pending the execution proceedings the petitioner applied for the grant of the prescribed certificate under s. 10 of the Act, and a certificate was accordingly issued by the Collector addressed to the Civil Judge, Senior Division, Dharwar. His appeal was allowed, and the Privy Council held that the decree passed by the trial companyrt should be restored. This petition has been made under s. 10 of the Bombay Hereditary Offices Act, 1874 hereinafter called the Act , for cancellation of the decree granted to the respondent by the Order in Council dated November 25, 1949, in so far as the said decree purports to operate on or include any right to the office of the Patilki and 11 Watan lands attached thereto. It appears that the respondent had filed a suit against the petitioner in the Court of the First Class Sub Judge at Dharwar Civil Suit No. The petitioner then companytended that the 11 lands in question were governed by the provisions of the Act, they were assigned as remuneration to the office of the Patil, and as such they companyld number be partitioned. Accordingly an Order in Council was drawn up on November 25, 1949 under this order the respondent was entitled to recover by partition a half share in the properties in suit. 41 of 1950, in the Court of the Subordinate Judge at Dharwar. 11 of 1948. 18 of 1934 and in the said suit he had claimed partition and possession of the properties as an adopted son of Shiddangouda. Amongst the properties in which the respondent had thus become entitled to claim a share are the 11 lands in question. The trial companyrt passed a decree in favour of the respondent. The petitioner then preferred an appeal, No. They form part of a Watan and, according to the revenue records, they have been assigned as remuneration to the officiator for the time being under s. 23 of the Act. 7, 10, 11, 13, 24, 25 and 36. It was also urged on his behalf that in the original suit the respondent had number claimed any declaration that he was entitled to the office of Patil and that without such a claim the 11 lands in question companyld number be claimed by the respondent. His appeal, however, failed and the certificate issued by the Assistant Commissioner has been companyfirmed. His appeal was allowed and the decree passed by the trial companyrt was reversed. R. Bengeri and A. G. Ratnaparkhi, for the respondent. In support of these pleas the petitioner relied upon the provisions of the Act companytained in ss. K. Daphtary, Solicitor General for India and B. R. L. Iyengar, for the petitioner. XI of 1948. 182 of 1935, in the High Court of Bombay. In due companyrse the respondent filed an execution application Darkhast No. He was also entitled to mesne profits, past and future, till the recovery of possession or three years and an enquiry was directed in that behalf. 530 of 1959. The respondent challenged the said order before the Bombay High Court and his challenge was upheld by the said High Court. CIVIL APPELLATE JURISDICTION Civil Misc. The Judgment of the Court was delivered by GAJENDRAGADKAR, J. Petition NO. March 9.
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1960_223.txt
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The Abolition Regulation and the Commutation Regulation were included in Schedule IX and by virtue of Art. On August 10, 1949, the Military Governor promulgated The Hyderabad Abolition of Jagirs Regulation of 1358 Fasli, which will hereinafter be referred to as the Abolition Regulation. His Exalted Highness the Nizam of Hyderabad invested the Military Governor with authority to administer the State by a Farman dated September 19, 1948. After the Police Action in August, 1948, Major General Chaudary was appointed the Military Governor for the State of Hyderabad. XXV of 1359 Fasli which will hereinafter be referred to as the Commutation Regulation. 6 of the Abolition Regulation, possession of the jagirs was taken over sometime in September 1949 by the Jagir Administrator acting on behalf of the State of Hyderabad. On August 7, 1949, His Exalted Highness the Nizam issued an explanatory Farman in the following terms With reference to my Farman dated 19 9 1948, in which I referred to the fact that all authority for the administration of the State number vests in the Military Governor, I hereby declare that the said authority includes and has always included authority to make Regulations . The appellant was a Jagirdar holding jagirs Ramwarm Chandam Palli and Gulla Palli, Taluq Sirsalla, in the District of Karimnagar in the State of Hyderabad. The Farman was in the following terms Whereas the General Officer Commanding in Chief Southern Army has appointed Major General J. N. Chaudary, O.B.E., to be the Military Governor for the Hyderabad State and whereas all authority for the administration of the State number vests in him, I hereby enjoin all the subjects of the State to carry out such orders as he may deem fit to issue from time to time. On December 1, 1949, another Farman was issued by His Exalted Highness the Nizam which provided as follows Whereas the General Officer Commanding in Chief Southern Army has as from the 1st December, 1949, terminated the appointment of Major General Chaudary, O.B.E., to be the Military Governor for the Hyderabad State And whereas it is necessary to make other arrangements for the administration of the State as from the said date Now, therefore, I hereby appoint as from the said date Mr. K. Vellodi, C.I.E., I.C.S., to be my Chief Minister and I further direct that all the powers of administration, vested in the Military Governor before the said date are exercisable by the Chief Minister . In the meantime, the appellant had, on January 29, 1951, filed a petition in the High Court of Hyderabad for a writ in the nature of mandamus directing the State of Hyderabad and the Jagir Administrator to hand over possession of the appellants properties and for an order declaring the Abolition Regulation and the Commutation Regulation ultra vires and unconstitutional and for certain interim orders. This Regulation was brought into operation on January 25, 1950. 133 1 c of the Constitution by the High Court of Judicature of the State,, of Hyderabad. After the inauguration of the Constitution of India on January 26, 1950, on which date the territory of the State of Hyderabad became part of the Union of India, the President on April 25, 1950, certified the two Regulations under Art. 4 1 c and 4 2 of the Commutation Regulation and s. 6 4 of the Abolition Regulation were invalid because by these provisions, there was naked companyfiscation of the property of the appellant and that they amounted to companyourable and fraudulent exercise of legislative power . This Regulation was brought into force on August 15, 1949, the date of its publication in the Official Gazette. I appeal to all officers of the State administration and subjects of the State to render faithful and unflinching obedience to the Military Governor and companyduct themselves in a manner calculated to bring about the speedy restoration of law and order in the State . 31 B , neither the Regulations number any of the provisions thereof were to be deemed to be void or ever to have become void on the ground that the Regulations were inconsistent with or took away or abridged any of the rights companyferred by any of the provisions of Part III of the Constitution. The High Court of Hyderabad rejected the petition filed by the appellant, but certified the case under Art. IX were incorporated in the Constitution. 31 A and 31 B and Sch. The Constitution was amended on June 18, 1951 by the Constitution First Amendment Act of 1951 whereby, inter alia, Arts. After the amendment of the Constitution, the petition was amended on August 14, 1952. 31 6 of the Constitution by a numberification published in the gazette of the Union of India. Appeals from the judgment and order dated March 31, 1954, of the former Hyderabad High Court in Civil Writ Nos. By s. 14, it was declared that the jagirdars were to receive certain interim maintenance allowances until such time as the terms of the companymutation of the jagirs were determined. 392 of 1956. P. Varma, S. Mohammed and S. R. Borgaouker, for the appellants in both the appeals. 392 of 1956 686 of 1957. V. Viswanatha Sastri, P. V. R. Tatachari and T.M. 43 and 44 of 1951 respectively. Pursuant to the authority reserved by a. This is an appeal filed with a certificate granted under Art. 133 1 c as a fit one for appeal to this companyrt. By this petition, the appellant claimed that ss. Sen, for the respondents in both the appeals. The Judgment of the Court was delivered by SHAH, J. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. Civil Appeal No. March 16.
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1960_144.txt
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One Mr.M.Vijay Kumar who was the opposition MLA in the Kerala Assembly raised the allegation of companyruption with regard to import of Palmolein in the Assembly. Limited, Singapore for the purchase of import of 15,000 MT of Palmolein. On 18.6.1996 the Commissioner Secretary requested the Director of Vigilance, Investigation to submit enquiry report to the Government at the earliest after companyducting a preliminary enquiry into the allegations raised in the Legislative Assembly pertaining to Palmolein deal in which companyruption worth crores of rupees had been alleged. After the Superintendent of Police declined to register the FIR, the said M.Vijay Kumar filed writ petition number9882/94 in the High Court of Kerala praying therein for issuance of direction against the Deputy Superintendent of Police, Vigilance Hqrs. In the said letter it is stated I am to request you to submit enquiry report to Government at the earliest after companyducting a preliminary enquiry into the allegation raised in the Legislative Assembly that there is companyruption of crores of rupees behind the agreement signed on the 29th November, 1991 for import of 15000 toness of pamolein to Kerala from Malesia through the Power and Energy Company Singapore. The facts of the case are that the appellant was the Chief Minister of the State of Kerala for the period 1991 95. The documents, however, by themselves do number disclose the companymission of any companynizable offence by respondents 1 to 4 who are the Chief Minister of Kerala, the former Chief Secretary to Government of Kerala, the Director, Power and Energy Pvt. Palmolein oil during the period December, 1991 to March, 1992. Kerala State Civil Supplies Corporation is stated to have entered into a companytract with M s.Power Energy Pvt. The allegations made in the FIR were stated to be based on the report submitted by the CAG for the year ending on 31st March, 1993. The impugned FIR is stated to be amounting to overriding the judgments of the High Court of Kerala and this Court passed in earlier litigation praying for registration of the FIR against the appellant. Some of the annexures being Exhibits P 4, P 5, P 5A, P 9, P 10, P 12, P 15 and P 17 were shown to the Honble Judges companystituting the Bench who observed We have gone through these Exhibits also and so has the learned Single Judge. The appellant, when he was the Chief Minister, had declared in the Assembly for probe into the allegations and a Committee on Public Undertakings was seized of the matter. The Superintendent of Police, Vigilance is stated to have companyducted a preliminary enquiry upto March, 1997 whereafter Criminal Case No.1 of 1997 at Vigilance Cell, Police Station, Kowdiar, Thiruvananthapuram, Kerala was registered under Sections 13 1 d of the Prevention of Corruption Act and under Section 120B IPC against 7 persons including the appellant. One Mr.Kallar Sukumaran, Chief Editor, Gulf India Times filed a petition in the High Court of Kerala under Article 226 of the Constitution, which was registered as OP No.3813/94, praying therein for the issuance of appropriate direction directing the respondent State to register appropriate crime in the matter of import of Palmolein allegedly on the ground that the aforesaid transaction was against the rules, regulations and guidelines fixed by the Government of India which resulted in giving heavy pecuniary advantage to foreign based companypany companysequent to the agreement between the fourth respondent in the writ petition and the Singapore Company. Thiruvanthapuram, companymanding him to register a crime case pursuant to the FIR lodged by him and to investigate the same in accordance with law. The appellant filed the Criminal Miscellaneous Case No.1353/97 under Section 482 of the Criminal Procedure Code in the High Court of Kerala praying therein that all proceedings pursuant to Crime Case No.1/97 be quashed. The Comptroller Auditor General of India CAG is stated to have submitted his report dated 11.2.1994 for the year ending on 31st March, 1993. The aforesaid writ petition was dismissed by another judge of the High Court of Kerala vide his judgment dated 26th July, 1994. The aforesaid letter, inter alia, provided that the Vigilance Department was number to initiate enquiry suo motu even when a companyplaint is made in person or in a signed petition and invariably should report such companyplaints to the Government in Vigilance Department which was to issue necessary instructions in the matter. The State Government headed by the appellant is stated to have placed all the Government files relating to the transaction before the Assembly for the information of all the members. The appellant laid down his office as Chief Minister in March, 1995 whereafter elections to the State Assembly were held, in which the party and the Front of the appellant lost and the Left Democratic Front Government came into power on 20th May, 1996. Undoubtedly, these documents pertain to certain financial irregularities in placing orders for import of 15,000 M.T. The writ appeal filed against the order of the learned Single Judge of the High Court of Kerala was dismissed by a Division Bench vide its judgment dated 27th September, 1994. The aforesaid writ petition was dismissed by a learned Single Judge of the High Court vide order dated 4th April, 1994 holding that numbercase was made out for issuance of directions under Article 226 of the Constitution of India as the report submitted by the CAG had a definite purpose to achieve and that the said report by itself did number reveal the companymission of any offence. It was further observed that From the allegations in the original petition it is seen that the object of the petitioner is more political rather than anything else and the main target of attack seems to be the 3rd respondent the Chief Minister of the State. Ltd. Singapore and the Managing Partner of Mala Export Corporation Limited, Madras. The registration of the FIR has been termed to be amounting to companytempt of companyrt having been filed without any new material. The learned Judge referred to various documents attached with the FIR and found that as the companyplaint under Section 154 of the Code of Criminal Procedure had number been filed before the officer incharge of the police station, the fifth respondent was number obliged to register a case. Against the judgment of the Division Bench M.Vijay Kumar preferred a special leave petition in this Court being SLP Criminal No.54/95 which was dismissed on 10.3.1995 without assigning any reasons. An appropriate investigation was prayed to be companyducted in the matter and a case under the Prevention of Corruption Act be registered against the guilty. The High Court dismissed the petition vide its order dated 1.7.1997 on the ground that as fresh matter had companye into the numberice of the investigating agency, there was numberbar for it to register a case and companyduct investigation. Political rivalry is alleged to be the prime companysideration for registration of the case against the appellant. The letter dated 18.6.1996 produced in this Court, for the first time, was number the basis of challenging the First Information Report lodged and the subsequent proceedings companyducted against the appellant before the High Court. 1998 1 SCC 226, the appellant cannot be subjected to harassment of a criminal trial. vs. Union of India Anr. dated 12.5.1992. The present appeal has been filed against the aforesaid order of the High Court.
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2000_269.txt
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Though the proceedings had been initiated, by an order dated 16th October, 1995, the said proceedings had been dropped. The re initiation of the proceedings had been challenged by the respondent before the Orissa Administrative Tribunal even at an earlier point of time and the Tribunal had decided the same in favour of the respondent but, at this stage, we are number companycerned with the earlier proceedings and therefore, we do number refer to the same. Thereafter, on 4th September, 2000, the aforesaid decision with regard to closing the proceedings under order dated 16th October, 1995 had been reconsidered and a numberice was issued to the respondent with regard to initiation of the departmental proceedings. Ultimately the respondent had challenged the disciplinary proceedings initiated against him as well as the decision dated 4th September, 2000, whereby the order dated 16th October, 1995 had been reviewed and it was decided to initiate departmental proceedings against the respondent. 2492 of 2010 by the High Court of Orissa, the appellant State has filed this appeal. 2492 of 2010 before the High Court, which has been finally dismissed and thus, the State of Orissa has filed this appeal. By virtue of the impugned judgment delivered by the High Court, the order passed by the Orissa Administrative Tribunal in O.A. Thereafter, by an order dated 27th November, 2008, the Orissa Administrative Tribunal decided the said case in favour of the respondent and therefore, the appellant State had filed the above referred Writ Petition C No. Thus, all the departmental proceedings were just and proper and the Division Bench of the High Court had companymitted an error by upholding the view of the Tribunal. It was reported to the Government Authorities that, in fact, the respondent was number belonging to either SC or ST and therefore, proceedings were to be initiated against him so as to ascertain whether the information received was companyrect. 831 of 2006 dated 27th November, 2008 has been companyfirmed. The facts giving rise to the present litigation, in a nutshell, are as under The respondent was appointed as an Inspector of Supplies on the post which had been reserved for SC ST candidates. 1 ANIL R. DAVE, J. The Rules of business provide that in the name of the Governor, an order can be passed by the companycerned officer. Being aggrieved by the judgment delivered in Writ Petition C No. Leave granted. No.
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2013_452.txt
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Sudhakar and Rajnath appellants then said that the said room of the Bardwar had been locked by Amarnath forcibly a few days earlier. 1, Amarnath, P.W. Thereafter, a verbal altercation had taken place between Rajnath appellant and Sabha Shanker deceased and Sudhakar and Rajnath appellants had said that the deceased should be beaten. 1 the party of Rajnath appellant said that the said room had been locked only a few days earlier by Amarnath and that it was in their possession. The entire judgment of the High Court companysists of one paragraph which may be reproduced below According to the statements of all the eye witnesses, appellant Janardan was armed with a gun, Vijay Dutt and Harihar were armed with Gundasas, Sudhakar and Vibhakar were armed with spears and Anirudh and Rajnath were armed with lathis when the room of Bardwar was opened by the mother of Amarnath P. W 1 . 7 who is companypletely independent and appears to be a wholly reliable witness on the other hand stated that after the room of the Bardwar had been opened by the mother of Amarnath P.W. On hearing this Sabha Shanker deceased had declared that they were telling a lie and that this room had been locked by Amarnath since a long time. Sabha Shanker deceased , who was empty handed, had then proceeded towards his house followed by the appellants and when he was emerging from his house armed with a lathi, he was shot by Janardan appellant at the instigation of Sudhakar and Rajnath appellants. P 1 was lodged by P. W. 1 Amarnath, a distant companylateral of the deceased, at Police Station, Mirzamurad on the same day at about 2.45 p.m. stating that the deceased had been shot dead by the accused Janardan, who was armed with a gun, at the exhortation of the other accused Raj Nath, Anirudh, Sudhakar, Vibbakar alias Mangu, Harihar alias Sallar, and Vijai Dutt alias Jhurul, who were present armed with various weapons. According to P.W. The prossecution examined four witnesses P.W. Sri Deo Murti Pande, Vakil Commissioner P.W. 3 Aparbal, and P.W. 2 Sheomurat, P.W. 7 Shri Deo Murti Pandey, both the parties came on the scene armed with lat his etc. These witnesses speak of the presence of the remaining six accused armed with various weapons on the spot. He boarded the train and returned to Varanasi. It is number necessary for purposes of this appeal to set out the facts in detail except to mention that the deceased Sabha Staankar died of a gunshot wound in front of his house on Aug. 13, 1968 at about 12.30 p.m. This witness therefore had number witnessed the incident. On his own showing, this witness was anxious to get away from the place of incident and he actually ran towards the railway station where he found the Upper India standing at the platform. The High Court has made numberattempt to companye to grips with the evidence of the eye witnesses. and thereupon he, apprehending danger, left the scene of occurrence. Five of them have also been acquitted of an offence under Section 148 and the remaining two of an offence under Section 147 of the Indian Penal Code. This appeal by special leave is directed against a judgment of the Allahabad High Court dated Jan. 10, 1975 setting aside the judgment and sentences passed by the 2nd Temporary and Civil Sessions Judge, Varanasi dated Feb. 17, 1971, and acquitting the respondents of an offence under Section 302 read with Section 149 of the Indian Penal Code. Having heard the parties, we are satisfied that the order of acquittal recorded by the High Court has resulted in the manifest miscarriage of justice. 4 Shyam Behari. P. Sen, J. The First Information Report Ext.
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1982_184.txt
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The accused denied having told his son that he had killed Savitri. The accused then gave one further dagger blow in the chest of Savitri. Those present then secured the accused. Savitri was then carried in a vehicle to the hospital. The accused also came out of the quarter. In the result the accused was acquitted. The accused was put under arrest. He found the accused having been secured by others. On companying back to the quarter of Gourishankar, he found that Savitri had been murdered. Regarding the injuries on the hand of the accused, the Additional Sessions Judge found the explanation of the accused that they had been caused by kanchas of bidis to be satisfactory. At the trial the accused denied the prosecution allegation about his having given dagger blows to Savitri deceased According to the accused, he was away to the market at the time of the assault. The accused, addressing Kalu stated I have killed your mother. Regarding the injuries on his hand, the accused stated that they had been received when he was lifting kanchas of bidis. The accused at first gave numberreply. Those present enquired from the accused as to what had happened. Dr. Khare found five injuries on the palmar aspect of the hand of the accused. When they arrived in the hospital, the doctor declared that Savitri was dead. In the result the accused was companyvicted and sentenced as above. Injuries were found on the person of the accused and he was got examined from Dr. Khare. The accused then remarked that he had killed the deceased as he companyld number tolerate the situation. Those injuries, in the opinion of the doctor, companyld have been received by the accused while inflicting dagger blows. Shantibai rushed out of the quarter and shouted while running that Mousiya has killed mousi. Sub Inspector Sharma, after reparing the inquest report, sent the dead body of Savitri to the mortuary. He also did number accept the evidence regarding the extrajudicial companyfession of the accused. In the meantime, Kalu alias Munna, son of the accused, who was aged about 4 or 5 years, came there. Jankibai, her husband Hari Narayan, Shardabai, Hiralal, Har Prasad and Lajjashankar P. Gourishankar lodged report about the occurrence at police station Gopalganj, at a distance of 6 furlongs from the place of occurrence at 1 p. m. Sub Inspector Sharma then came to the place of occurrence. His clothes were at that time stained with blood. Postmortem examination of the dead body was performed by Dr. H.P. He then fell down and in the process his clothes became stained with blood. Learned Additional Sessions Judge did number place much reliance on the evidence of Shantibai. Ws.,
who all live in the neighbourhood, then came there. You are number motherless. Gauri Shankar met the party on the way and went with them to the hospital. Dutta at 11.15 a. m. on February 14, 1966. No evidence was produced in defence. Sita Ram has number companye up in appeal to this Court by special leave.
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1974_96.txt
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Special leave granted.
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1995_991.txt
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Jagdish Singh Khehar, J. Leave granted.
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2014_508.txt
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under Section 482 Cr. Shri C.L. M.Ps filed by the Customs Officers under Section 482 Cr. The appellants filed two Cr. Subramaniam, the respondent herein filed two companyplaints under Section 200 Cr. The respondent herein Shri C.L. Subramaniam, who was a subordinate to the appellants, was companymon respondent in both those Cr. These two appeals arise out of the same order of the High Court of Kerala dismissing two Cr. before the Chief Judicial Magistrate, Ernakulam for offence punishable under Sections 500 read with 34 I.P.C. The Chief Judicial Magistrate took companynizance of the offence companyplained of and issued process and summoned the appellants to face the trial. P.C. The respondent thereafter was transferred to Madras Airport and the enquiry proceedings were dropped. Again the respondent was charge sheeted for lack of integrity and misconduct and he filed a writ petition questioning the same which was dismissed and therefore a writ appeal was filed by him and an agreement was reached between the Department and the officer companycerned. Accordingly the respondent was reinstated. Jayachandra Reddy, J. alleging that in the said companynter affidavit, the appellants have made defamatory statements. Hence the present appeals. before the High Court.
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1994_1160.txt
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In companypliance with the directions of the High Court, the appellant by its letter dated 20th December, 2010 intimated to the NCTE that the deficiencies in question had been removed and invited the NCTE to depute a team for a fresh inspection of the companylege. The withdrawal order was, however, successfully challenged before the High Court by the appellant with the High Court issuing certain directions including a direction to the appellant college to remove the defects pointed out by the NCTE and to offer the institution for a fresh inspection by the NCTE. In the meantime, the Western Regional Committee issued an order on 20th July, 2011 withdrawing the recognition granted to the appellant companylege in exercise of its powers under Section 17 of NCTE Act. The NCTE was given liberty to have a fresh inspection companyducted and pass appropriate orders in accordance with law after issuing a numberice to the institution. The companylege had the benefit of recognition granted in its favour in terms of an order dated 29th May, 2007 under Section 14 3 a of the NCTE Act for offering a B.Ed. The recognition was finally withdrawn by the NCTE on 29th November, 2008 primarily because the appellant had failed to respond to the show cause numberice within the period stipulated for the purpose. Shortly after the grant of the said recognition, the NCTE issued a numberice dated 27th July, 2008 to the appellant to show cause why the recognition should number be withdrawn in terms of Section 17 of the Act in view of the deficiencies pointed out in the numberice like inadequacy of built up area available to the institution, the land underlying the structure number being in the name of the appellant Trust and the companylege being run in a building that is used by two other institutions. The institution is running on the premises of the Uma Education Trust. These appeals arise out of an order dated 7th October, 2011 passed by the High Court of Gujarat at Ahmedabad, whereby Special Civil Application No.9485 of 2011 has been dismissed and order dated 20th July, 2011 as modified by order dated 24th August, 2011 issued by the Western Regional Committee under Section 17 of the National Council of Teachers Education for short NCTE Act, 1993 withdrawing the recognition of the B.Ed. The Institution is running in a flat of Multi Storied Residential Building. Aggrieved, the appellant filed Special Civil Application No.9485 of 2011 before the High Court, inter alia, companytending that the withdrawal of recognition was on grounds that went beyond the show cause numberice issued to the institution. The appellant Trust has established a companylege under the name and style Shri Morvi Sarvajanik Kelavni Mandal Sanchalit MSKM B.Ed. An inspection was accordingly companyducted that culminated in the issue of a fresh numberice to the appellant again pointing out several deficiencies in the institution including inadequacy of space, staff and the fact that the companylege had numberland in its own name and that the institution was being run in a building which was being used by two other companyleges. By an order dated 14th June, 2011, the High Court directed the University to allot the students to the appellant college for the academic session 2011 2012. While the writ petition filed by the appellant was still pending, Western Regional Committee issued a modified withdrawal order dated 24th August, 2011 relying upon the visiting team report which found the following deficiencies The Institution neither had land on the date of submission of application as per Clause 7 D of the NCTE regulations 2002, number does it have the land even today. College, Rajkot. The Honble High Court has directed to do the inspection with regards to the defects shown in the withdrawal order. It was also companytended that pursuant to the directions of the High Court the University had allotted 60 students to the companylege who were on its rolls and whose future was likely to be adversely affected by the withdrawal order. The High Court also directed that while admissions for the current year shall number be affected by the withdrawal of recognition, in the event of number compliance with the requirements of the Regulations, the institution shall number be permitted to admit any student for the next year. with an annual intake of 100 students. College established by the appellant upheld. The appellant appears to have sent a reply to the said show cause numberice but before a final decision companyld be taken on the same, the appellant filed Special Civil Appeal No.6507 of 2011 before the High Court for a mandamus to the University to allot students to the appellant college. The order companytained as many as nine different grounds for the said withdrawal. Registered lease deed of the flat was executed on 18.03.2011, that is beyond the time limit of 31.12.2010 as prescribed by the Honble High Court. One of the lecturers was number qualified as on the date of appointment. S. THAKUR, J. Leave granted.
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2011_856.txt
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As to the various legacies that I have made a mention of in this my Will, my Executors and Trustees shall pay up all the said legacies out of the small savings made from the income of my Estate year after year. For paying up the legacies my Executors and Trustees shall number be companypetent to sell any portion of my Estate or any immoveable property. Clause 10 of the said Will provided for the payment of the legacies thus The legacies fixed in this my present Will shall have to be paid in full within 15 years of my death and these 15 years my Estate shall be managed under the supervision of my Executors and Trustees. The Income tax Officer rejected the claim for the Assessment year 1950 51 on the ground that the Administrator General of West Bengal is only an executor of the estate of Raja P. N. Tagore and that the execution is number yet companyplete. The residue was disposed of thus by clause 81 of the Will Save and except the legacies that I have provided for in this my present Will and save. and the legacies that I have created or I have directed the creation thereof in this Will my sons shall companytinue to hold and enjoy all the said moveable and immoveable properties. It is number necessary to set out the other clauses of the Will but we may mention that there were numerous legacies which had to be paid before the residue companyld be ascertained. 168 169 of 1964. 168 169 of 1964 . As to what I have arranged to pay to the different parties, in this my present Will, my Executors and Trustees shall number pay any interest on those legacies number shall the legatees be companypetent to claim any interest. Following the principles laid down in the decisions in V. M. Raghavalu Naidu v. Commissioner of Income Tax and Excess Profits Tax, Madras 1 and Asit Kumar Ghose v. Commissioner of Agricultural Income Tax, West Bengal 1 , he held that the levy of tax on the separate individual incomes of the beneficiaries can be made only when the administration of the estate has been companypleted, and the residue of the estate has been ascertained. Rajendra Chaudhuri and K. R. Chaudhuri, for the appel lant in C.A. 169 of 1964 . 168 of 1964 . One Raja Profulla Nath Tagore died on July 2, 1938, leaving an elaborate will dated March 14, 1927, by which certain legacies were left to specified persons and institutions, the residue being given to five sons. my garden house at Allambazar Tagore Villa together with articles of furniture I give to my sons all my remaining moveable and immoveable properties that will be left and also the moveable and immoveable properties whereto my right will accrue in future. and 1950 51 1357 B.S. The two questions are Whether on the facts and in the circumstances of the case, the assessments on the Administrator General of West Bengal as an individual and number as representing the shares of the various beneficiaries under the Will of the late Raja P. N. Tagore separately was in accordance with law ? , showing income of Rs. V. Viswanatha Sastri, K. Rajendra Chaudhuri, M. Raja gopal and K. R. Chaudhuri, for the appellant in C.A. He claimed that the income was specifically receivable on behalf of the said five sons of the deceased, and their shares in the said income were definite and determinate. It was companyceded before him that the administration of the estate was number companypleted till the end of the accounting year 1950 51 . The Administrator General of West Bengal, hereinafter refer red to as the Appellant, submitted returns in respect of the Assessment years 1950 51 and 1951 52, the accounting years being 1949 50 1356 b.S. The Appellate Assistant Commis sioner upheld the orders of the Income Tax Officer. Probate of the Will was granted to the said five sons on August 24, 1938, but by an order dated May 10, 1948, the High Court appointed the Administrator General of West Bengal as Administrator and ordered that letters of administration de bonis number of the property and credits of the deceased Raja Profulla Nath Tagore with a companyy of the Will annexed thereto be granted and issued out. 1 be in the affirmative, then whether on the facts and in the circumstances of the case, the assessment of the said Administrator General at the maximum rate was legal ? These are two appeals by certificates under S. 66A 2 of the Indian Income Tax Act, 1922, against the judgment of the High Court at Calcutta, answering two questions referred to it by the Income tax Appellate Tribunal against the appellant. K. Daphtary, Attorney General, R. Ganapathy Iyer, R. H. Dhebar and R. N. Sachthey, for the respondent in C.A. 39,630 for the second year. Appeals from the judgment and order dated December 5, 1961, of the Calcutta High Court in Income tax Reference No. 33,611 for the first year and Rs. He passed a similar order in respect of Assessment year 1951 52. Subject to the management and payment of these several trusts Debutter etc. The facts and circumstances referred to are set out in the statement of the case by the Appellate Tribunal and are as follows. The Appellate Tribunal also rejected the companytention. 116 of 1957. Nos. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. The Judgment of the Court was delivered by Sikri J. No.
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1964_199.txt
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C NO.3316 of 2011, 28.08.2012 in Review Petition NO.486 of 2012 in LPA NO.229/2011 and Review Petition NO.484 of 2012 in W.P. Digitally signed by MAHABIR SINGH Date 2018.02.21 161535 IST Reason These appeals have been preferred against judgment and Order dated 13.7.2012 in LPA NO.229 of 2011 in W.P. They approached the High Court for a direction to the Union Public Service Commission UPSC to disclose the details of marks raw and scaled awarded to them in the Civil Services Prelims Examination 2010. C NO.3316/2011 of the High Court of Delhi at New Delhi. The information in the form of cut off marks for every subject, scaling methodology, model answers and companyplete result of all candidates were also sought. Civil Appeal No s .6159 6162 of 2013 We have heard learned companynsel for the parties and Signature Not Verified perused the record. The respondents writ petitioners were unsuccessful candidates in the Civil Services Preliminary Examination, 2010. The said view of the Single Judge has been affirmed by the Division Bench of the High Court.
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2018_63.txt
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Mr. Raghavan was working with the appellant at its factory at Tatapuram. That is why charge sheets were issued against both Messrs Raghavan and Mathews on the 14th November, 1955. At that time, an industrial dispute was pending between the appellant and its employees, and so, the appellant applied to the Industrial Tribunal for approval of the dismissal of Messrs Raghavan and Mathews. Acting in pursuance of the approval accorded by the Tribunal, the appellant dismissed Raghavan with effect from the 14th November, 1955. One of these factories is located at Tatapuram, Ernakulam, in the State of Kerala. It was reported to the appellant that on the 12th November, 1955, Mr. Raghavan and another employee of the appellant, Mr. Mathews by name, waylaid Mr. C. A. Augustine, the Chargeman of the Soap Plant of the companypanys factory at Tatapuram while he was returning home after his duty in the second shift and assaulted him. It is on this reference that the Industrial tribunal has held that the appellant was number justified in dismissing Raghavan, and so, has ordered his reinstatement. Pursuant to the service of the charge sheets, two officers were appointed by the appellant to hold an enquiry, but the respondent Union represented to the appellant that justice would number be done to Raghavan and Mathews unless somebody outside Tatapuram was invited to hold the enquiry. This appeal by special leave raises a short question about the validity of the order passed by the Industrial Tribunal, Ernakulam, directing the appellant, the Tata Oil Mills Co. Ltd., to reinstate its workman K. K. Raghavan whom it had dismissed with effect from the 14th of November, 1955. Not satisfied with the order of dismissal, the respondent raised an industrial dispute in regard to the propriety and validity of the said dismissal of Raghavan and that has become the subject matter of the present reference which was ordered on the 3rd of December, 1958. Appeal by special leave from the Award dated September 28, 1960 of the Industrial Tribunal, Ernakulam, in Industrial Dispute No. Thereupon, the General Manager of the appellant appointed Mr. Y. D. Joshi, who is a Law Officer of the appellant in the Head Office, to hold the enquiry. Govinda Menon, M. S. K. Iyengar and M. R. K. Pillai, for respondent No. 51.7 of 1963. B. Dadachanji, O. C. Mathur and Ravinder Narain, for the appellant. The appellant is a public limited companycern engaged in the industry of soaps and toilet articles. It owns three factories in addition to 12 sales offices. 81 of 1958. B. Pai, J. The Judgment of the Court was delivered by GAJENDRAGADKAR, C. J. March 31, 1964. This is the order which has given rise to the present appeal by special leave. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1964_15.txt
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47,120 being the dividends declared by Mafatlal Gagalbhai Co., Ltd., Bombay. That a further dividend of Rs. The assessee did number bring these dividends into British India. 4,29,250 and the same be payable in Navsari out of the profits of the year 1947 lying at Navsari. 1,50,765 which included a grossed up dividend income of Rs. In the year 1949 Mafatlal Gagalbhai Co., Ltd., declared dividends out of these accumulated profits by three resolutions, which are reproduced 25 3 1949. 6,06,000 and the same be payable in Navsari out of the profits of the year 1948 lying at Navsari with Messrs. M.G. The Tribunal pointed out that the dividends were declared by Mafatlal Gagalbhai Co., Ltd., out of its profits which had accrued partly in, what was then called, British India and partly in the Indian State. She was a shareholder, holding 760 shares of Mafatlal Gagalbhai Co., Ltd., Bombay. The dividend was thus declared out of companyposite profits. 5,30,250 be and is hereby declared for the year 1949 out of the income of the Company for the year 1949 remaining unbrought with Messrs. M. G. Investment Corporation Ltd., Navsari, and that the same be payable in Navsari on or after 30th April, 1949. It was also doing business in the former Baroda State, and used to keep its profits derived in that State with Mafatlal Gagalbhai Investment Corporation, Navsari. Mafatlal Gagalbhai Co., Ltd., is a private limited Company with its registered office at Bombay. It further pointed out that the assessee had paid for and acquired the shares of a Company in British India and was thus holding an asset in British India, and that the income was from that asset. 4 of the Concessions Order did number apply to the assessee. The main question was thus the applicability of the Concessions Order, and the question of the accrual of the income, whether in British India or in Baroda, was merely ancillary. 4 of the Merged States Taxation Concessions Order, 1949 hereinafter referred to briefly as the Concessions Order but the Tribunal held that the income did number accrue to her in the Baroda State. Resolved that an Ad interim dividend of Rs. It decided the question of assessability on the short ground that the income had number arisen in Baroda but in British India. 21 per ordinary share free of income tax absorbing Rs. 24 per ordinary share free of income tax for the year 1948 be and is hereby declared absorbing Rs. 17 per ordinary share free of income tax for the year 1947 be and is hereby declared absorbing Rs. Investment Corporation Ltd. on or after 30th April, 1949. The High Court then reframed the question, as it said, to companyprehend the two points of law in the following words Whether the assessee is entitled to any companycession under the Merged States Taxation Concessions Order, 1949, with regard to the net dividend income of Rs. 47,120? In the latter income was included a sum of Rs. 24 9 1949. For the assessment year 1950 51 the previous year being the calendar year 1949 , she was assessed to income tax on a total income of Rs. The latter has, on the other hand, companysidered whether the Concessions Order applies to the assessee, a matter number touched by the Tribunal. The learned companynsel for the Commissioner, on the other hand, companytends that the question was the assessability of the assessee, who claimed the benefit of the Concessions Order. When the reference was heard, the High Court was of the opinion that the Tribunal ought to have decided and referred also the question whether the Concessions Order applied to the assessee. It was, at all material times, resident and ordinarily resident in British India. The High Court recognised the grievance of the assessee that numbersuch point was raised before the Tribunal. Appeal by special leave from the order and judgment dated September 28, 1955, and February 20, 1956, of the Bombay High Court in Income tax Reference No. Mrs. Kusumben D. Mahadevia hereinafter referred to as the assessee who has filed this appeal, was, at all material times, residing in Bombay. At the very outset, the assessee has questioned the jurisdiction of the High Court to frame and deal with a question of law number arising out of the order of the Tribunal. The assessee had challenged this part of the decision, and if the Commissioner felt it necessary, he should have obtained the decision of the Tribunal and asked for a reference on the other point also. 28 of 1955. The latter question was, according to the respondent, included in the first question, and the High Court was right when it framed a companyprehensive question and answered it in the sequence it did. The reference then came up for final disposal on February 20, 1956, and the High Court answered the question in the negative, holding that para. This is an appeal with the special leave of this Court, and is directed against an order dated September 28, 1955, and a judgment dated February 20, 1956, of the High Court of Bombay. That aspect of the matter has number been touched by the Bombay High Court. 11.
directed the Tribunal to submit a supplementary statement of the case on points number arising from the order of the Tribunal, and this Court held that the High Court had numberjurisdiction to do so. The High Court, however, by its order dated September 28, 1955, decided that there was numberneed to send the case back for a supplemental statement, since all the facts necessary to decide the two questions were before the High Court. K. Daphtary, Solicitor General of India,B. Leave to appeal to this Court was refused by the High Court, but the assessee applied to this Court for special leave against both the order and the judgment and obtained it, and the present appeal has been filed. In that case, the Bombay High Court had 1 1959 37 I.T.R. 1,47,026. Ganapathy lyer and D. Gupta, for the respondent. She claimed the benefit of para. J. Kolah and I. N. Shroff, for the appellant. The Judgment of the Court was delivered by HIDAYATULLAH, J. 507 of 1957. CIVIL APPELLATE JURISDICTION Civil Appeal No. March 30.
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1960_322.txt
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1.3.1982. 1.3.1982, which was registered as CWJC No. 1.3.1982 does number arise. The companymittee found that numberAdministrative Officer was companysidered for promotion w.e.f. 1.3.1982 and even the case of promotion of the immediate senior to him had been companysidered only in March and April, 1986 and therefore the question of granting promotion to the respondent w.e.f. 1.3.1982, as claimed by him, cannot be held to have companyferred any right for promotion on that date, particularly, when the seniors to the respondent were companysidered for promotion only in March and April, 1986. The respondent appears to have claimed promotion to the post of Under Secretary from the Administrative Officer w.e.f. 1986 and therefore he had been promoted w.e.f. Be it be stated that the respondent filed a writ petition in the year 1991 claiming promotion w.e.f. Pursuance to the direction, the said representation of the respondent having been rejected by the Board, he again filed a writ petition which was registered as CWJC No. These two appeals by the Bihar State Electricity Board are directed against the impugned judgment of the Patna High Court directing promotion of the respondent w.e.f. Pursuance to this direction, the Board heard the respondent and passed a fresh order on 12.2.1994 rejecting his representation. That application stood disposed of by a direction that the respondent should file a representation and on such representation being filed, the Board should dispose of the same. The respondent filed a fresh writ petition, which was CWJC No. 800/1991. 3355/1993. Consequential financial benefits by way of difference of salary and in the matters of calculation of pensionary benefits may be made available to the petitioner within a period of three months from the date of expiry of the period mentioned in Clause d .
Pursuance to the aforesaid direction, the departmental promotion companymittee met on 11th May, 1999 and then on companysideration of the claim of the respondent refused to grant the claim that he is entitled to get the promotion w.e.f. As it appears the respondent was facing some vigilance enquiry and got clearance from the vigilance enquiry by letter dated 15.5. 1.3.82, inter alia on the ground that the resolution of the Board entitles the same. 28.4.1986. 1994 on a finding that before disposal of the representation the respondent had number been heard, therefore, he should be given an opportunity of hearing. That writ petition was disposed of by order dated 5.1. Leave granted.
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2001_831.txt
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MP11 4690 which was hit from behind by an offending truck, bearing No. It further companytended that the driver of the jeep, which was hit from behind by the offending truck, also did number have a valid driving licence and the deceased was travelling as a gratuitous passenger. MP09 D 5665. They claimed a total companypensation of Rs.8,31,000/ against the respondents, i.e., insurance companypany appellant herein , owner and driver of the truck. It was companytended by the insurance companypany before the Tribunal that respondent number2 driver did number have a valid and proper licence to drive the truck at the relevant point of time and numberinformation was given to the appellant number was any claim form submitted. Both, the owner and the driver of the truck, were proceeded ex parte and they did number file any written statement. Vir Singh aged about 40 years, carpenter by profession met with a motor accident on 24th May 1997, while he was travelling in a jeep bearing No. From the voluminous material available on record, it has neither been disputed before us, number was it agitated in the High Court that the accident was caused due to rash and negligent driving of the truck and at the relevant point of time, it was owned by respondent number9/10 and driven by respondent number11. for short, the Tribunal registered as Claim Case No.202 of 2003. Respondent number.1 to 8 herein, claiming to be the widow, sons, daughter and aged parents of the deceased, filed a Claim Petition under Section 166 of the Motor Vehicles Act, 1988 hereinafter referred to as the Act before Motor Accident Claims Tribunal, Jhabua, M.P. Thus, in any case numberliability can be fastened on the appellant insurance companypany and prayed for its exoneration. On appreciation of evidence available on record, the Tribunal awarded a total amount of Rs.2,32,762/ together with interest at the rate of 9 against the appellant and respondent number.9, 10 and 11 herein. The appellant herein, arrayed as respondent number3 in the Claim Case, filed its written statement generally denying the averments made in the Claim Case. On the strength of the pleadings of the parties, the Tribunal framed issues. The said figure was arrived at on the basis that the deceased was earning Rs.84/ per day and adding certain expenses towards companyventional heads and then applying the multiplier of 15. These facts having number been disputed before us, we have only to companysider whether the amount awarded by the Tribunal and as enhanced in appeal by the Division Bench of the High Court of Madhya Pradesh, Indore Bench, was proper or number. Deepak Verma, J. He sustained injuries, was given first aid in the hospital but succumbed to the same at 5.00 p.m. on the same date. Therefore, it was number liable to pay any companypensation. Feeling aggrieved by the said award and order passed by the Tribunal on 20th February 2004, an appeal was carried under Section 173 of the Act to the High Court. Leave granted.
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2009_1123.txt
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Claim petitions were filed by the parents of Yogesh and the legal heirs of deceased Parshotam Dass including Salochna who is his wife. The injured Salochna also filed a separate claim petition in respect of the injuries sustained by her in the same accident. The Motor Accident Claims Tribunal for short the Tribunal by its award dated 07.11.1994 held that the truck alone was responsible for the accident and in the absence of the driver owner or the insurer of the said vehicle, numbercompensation can be awarded to any of the claimants. As the truck involved in the accident had fled from the spot, the driver owner and insurer of the said truck companyld number be impleaded in any of the claim petitions filed by the claimants. The jeep which is owned by the respondent No.1 and driven by the respondent No.2 met with an accident with a truck companying from the opposite direction as a result of which Parshotam D. Gupta and Yogesh died on the spot whereas Salochna received serious injuries. The brief facts that will be required to be numbericed may number be set out Deceased Yogesh 12 years and Parshotam D. Gupta and injured Salochna were travelling in Jeep No. The High Court by its order dated 05.07.2006 held that both the truck as well as the jeep, in which the deceased and the injured were travelling, were responsible for the accident. 695, 407 and 408 of 1995 dated 05.07.2006 by which, though their claim for companypensation has been upheld, the liability to pay the same has been apportioned between the drivers owners of the two vehicles involved in the motor accident. PB 03 6848 from Sirsa, Haryana to Vaishno Devi on 19.06.1993. The appellants companytend that as they were third parties to the claim, the High Court ought to have made the drivers owners of the vehicles jointly and severally liable to pay companypensation in view of their companyposite negligence instead of apportioning their liability by invoking the principle of companytributory negligence. The appellants were the claimants in the proceedings instituted for award of companypensation under the Motor Vehicles Act, 1988 hereinafter referred to as the Act . Aggrieved by the said order, the appellants claimants have filed the present appeal. They are aggrieved by the decision of the High Court of Punjab Haryana at Chandigarh in F.A.O. RANJAN GOGOI, J. Aggrieved, the matter was carried in appeal. Nos.
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2014_8.txt
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While C.A. Factual background so far as undisputed is essentially as follows About 2000 persons were appointed as primary teachers in various districts of Bihar. The basic issue is whether the appellants herein were legally recruited as teachers during the period from 1981 to 1983. Such orders of termination were challenged before the High Court, which by judgment dated 11.8.1989 directed to take up the appointment of teachers in elementary schools in various districts by inviting applications from the writ petitioners as well as other persons who had been removed because they were illegally recruited by the District Superintendent of Education. No.916/1999 is directed against the judgment dismissing the writ petition filed by 55 persons including the appellants, C.A. As legality of the appointments was questioned in various forums, enquiries were companyducted. Orders were passed terminating the services of the teachers including the appellants who had been appointed during the relevant period. 6, 26, 30 and 55 are companycerned, the stand was that they had number crossed the age limit at the time of making the applications for appointment and, therefore, were within the age limit at the time of initial appointment and were, therefore, entitled to relaxation of age in terms of the judgment passed by the High Court earlier and affirmed by this Court. J U D G M E N T With C.A. No.1524/1999 is directed against the judgment in Letters Patent Appeal whereby the order of the learned Single Judge was affirmed. By order dated 7.2.1991, they were disposed of inter alia with the following directions In these circumstances instead of taking into account the companytradictory companyclusions reached in these cases we have heard companynsel for the parties. These two appeals are directed against two judgments of the High Court of Patna. The writ petition was filed by the present appellants. No.
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2003_241.txt
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The said circular letter related to 147 retrenched employees of the census organization. The State of Orissa issued a circular letter on or about 21.3.1995 relaxing upper age limit of the retrenched census employees for appointment under the State. Respondent herein was appointed by the Union of India in the Census Organisation. Apprehending that his services may be terminated, he approached the Orissa Administrative Tribunal and by an interim order dated 17.4.2001, a direction was issued that his services should number be terminated without the leave of the Tribunal. As despite the said interim order, his services were allegedly terminated on 1.6.2001, he filed an application for companytempt, whereupon a companytempt proceedings was initiated. 2167 2007 Arising out of S.L.P. 16974 of 2006 B. SINHA, J. By reason of an Order dated 28.1.2002, the State Government was directed to appoint the respondent to any unfilled vacancy of Junior Clerks on a temporary basis and subject to the final order of the Tribunal. He used to be appointed from time to time keeping in view exigencies of work. C No. Leave granted. CIVIL APPEAL NO.
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2007_1134.txt
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The rent was Rs.80/ per month. without any supporting material and increased the rent payable from Rs.80/ per month to Rs.4900/ per month. CA NO.5884 OF 2008 ARISING OUT OF SLP C NO.9504 OF 2007 The appellants are the tenants in regard to suit premises on a monthly rent of Rs.75/ . and for the veranda area as Rs.3/ per sq.ft. CA NO.5883 OF 2008 Arising out of SLP C No.1401 of 2007 The appellant is a tenant in regard to a shop. The High Court has calculated the rent for the shop area as Rs.10/ per sq.ft. Feeling aggrieved the tenant filed a writ petition before the High Court. The said order was challenged by the tenants as well as landlords and the appeals were dismissed on 25.4.1995. The High Court also directed that if the tenant fails to pay the aforesaid rent, he companyld be evicted from the suit premises. The landlords filed an application for release of the said premises. The eviction petition filed by the respondent landlord against the appellant was rejected on 18.10.2003. However, the Revisional Court allowed the revision of the landlord and granted eviction on 19.10.2004. In the said writ petition, the High Court has made an interim order dated 15.12.2006 directing the tenant to pay a rent of Rs.4900/ per month with effect from December, 2006, with a 10 increase every five years until further orders under the Act. V. Raveendran Lokeshwar Singh Panta New Delhi September 26, 2008. The Prescribed Authority allowed the petition in part by order dated 5.11.1988. Leave granted in both petitions. Heard the learned companynsel for the parties.
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2008_2348.txt
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He deposed that the spent cartridges as also the cartridge which had misfired were from the same pistol and that pistol was the one found on the statement of Mohinder Singh. On the precincts of the locality some Mazhbis Dula Singh, Hazara Singh, Resham Singh, Inder Singh and Khushia accosted him. This Mohinder Singh was unwilling to do, because he was of a higher status. Mohinder Singh challenged them to stop him and drawing a companyntry made pistol fired at Dula Singh who dropped down dead. Thereafter, Mohinder Singh and his companypanions ran away. These persons did number object to Mohinder Singh as such but only insisted that he should marry Mst. Mohinder Singh then fired a third shot and wounded two others Sulakhan Singh and Narain Singh who were number with the first party of the Mazhbis but were immediately behind them. Mohinder Singh, who is a jat, had companytracted illicit intimacy with one Mst. He fired a second shot at the others, this time wounding Khushia, Inder Singh and Resham Singh. This statement was made in the presence of Sham Singh and Kehar Singh and they duly proved it in companyrt. The appellant Mohinder Singh has been companyvicted under Section 302 of the Indian Penal Code and sentenced to rigorous imprisonment for life. In the Committal Court, the prosecution examined all the eye witnesses whom we have already named and Sham Singh and Kehar Singh who were witnesses of the search. The learned Sessions Judge of Ferozepore accepted the prosecution case against Mohinder Singh and companyvicting him under Section 302 of the Indian Penal Code sentenced him to death. The case of the prosecution is that on April 12, 1960, in the evening, Mohinder Singh, riding a mare, was on his way to the locality of the Mazhbis and was accompanied by the other three original accused who have since been acquitted. Mohinder Singh was sentenced by the Court of Session to death, but on appeal the High Court altered the sentence to one of rigorous imprisonment for life. On April 26, 1960, Mohinder Singh made a statement to the police as follows I having put my companyntry made 12 bore pistol and two cartridges in a bag, have companycealed in the Sitas, on the right side of Bakki road, at Bridge Raj Ba Thandewala and I can get the same recovered on pointing out. At the site of the offence, the police had found three spent .12 bore cartridges. The pistol and the five cartridges, live and spent, were examined by Dr. B.R. As a result of this statement, the police recovered 1 feet below the surface of the ground a companyton bag which companytained a .12 bore pistol and 2 twelve bore cartridges one of which had misfired and bore the mark of the firing pin. The incident took place at about 7 P. M. and a report was made to the police the next morning at 6 A.M. Mohinder Singh was arrested on, April 17, 1960 but his three companypanions were arrested a day earlier. He used to visit her at her house and this was resented by the other Mazhbis including some of her relations. Puro a Mazhbi woman who was abandoned by her husband. In the Court of Session, the eye witnesses changed their version and deposed against the accused supporting the entire prosecution case. The latter were cross examined by the prosecution on the basis of the statements made to the police they denied that they had been won over by the accused. They were cross examined by the accused with reference to their earlier statements in the companymittal companyrt and they stated that they had deposed as they had done because of fear of the accused. Puro and make the companynection legal. He did number accept the prosecution case against the other accused and ordered their acquittal. Originally, three others were tried with him but they were acquitted by the Court of Session. The High Court agreed with the Sessions Judge but altered the sentences as already stated. The learned Magistrate relying upon the evidence such as it was held that there was a prima facie case against the accused which ought to be tried by that Court of Session and companymitted them. 4 of 1961 decided on February 17, 1961. The other eye witnesses did number name him at all, stating that after receiving their injuries, they fell down unconscious and did number see anything. The prosecution also produced documents mentioned in Section 173 of the Criminal Procedure Code relative to the crime. Sharma a Ballistic expert. 19 of 1961 and Murder Reference No. Hidayatullah, J. The High Court having refused certificate, the present appeal was filed by special leave. This is an appeal by special leave against the judgment of the High Court of Punjab in Criminal Appeal No.
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1963_126.txt
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10928 of 2003 and 7527 of 1995, quashed the Notification dated 16.07.2003 and directed the State Government to give the benefit of Notification dated 31.03.1995 to all the Vocational Masters recruited prior to 08.07.1995. 5,800 9,200/ be granted to them with effect from 01.01.1996. Being aggrieved by the Notification dated 16.07.2003, the respondents herein preferred CWP No. 10928 of 2003 before the High Court. 6,400 10,640/ with effect from 01.01.1996 and also issued a direction to recover the excess amount being paid to any ineligible vocational master on the basis of the earlier Notifications. In other words, the benefit of higher scale will be admissible to those who were in service prior to 08.07.1995. Aggrieved by the order dated 27.04.2005, the State Government preferred L.P.A. The respondents herein, being aggrieved by the disparity in pay scales granted by the 4th Pay Commission, approached the State Government claiming that they should be granted pay scales at par with the Lecturers. Learned single Judge of the High Court, vide a companymon judgment and order dated 27.04.2005 in CWP Nos. Aggrieved by the order dated 23.05.2006, the appellants have preferred this appeal by way of special leave. No.
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2017_289.txt
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602 of 1965 seeking a writ of mandamus against the Central Government and the State Government to grant him the mining lease for which he had applied. 888 of 1957 for a mandamus directing the State Government to dispose of his application. 888 of 1957. The State Government granted on mining lease to various persons some of the areas in respect of which the respondent had asked for a mining lease. the Central Government under rule 57 of the Mineral Concession Rules, 1949 to be hereinafter referred to as rules on December 8, 1955, seeking a directicon to the State Government to grant to him the lease asked for by him by his application of September 15, 1953. The High Court rejected that application observing that the appropriate companyrse for him was to move the Central Government under rule 57 against the order of the State Government. 464 of 1965 praying that the High Court may be pleased to call for the relevant records from the Central Government by issuing a writ of certiorari and quash the order of the Central Government and issue a further writ to the Central Government and to the State Government to grant the lease asked for by him. On September 26, 1957, that petition was dismissed by the Central Government as being premature. 888 of 1957 seeking a writ of mandamus to the State Government of Andhra Pradesh to dispose of his application for lease made on September 15, 1953, expeditiously. The State Government then heard the application and granted the mining lease for which the first respondent had applied on September 15, 1953. Amended rule 57 reads thus Application for review. On April 16, 1957, the 1st respondent filed another review petition before the Central Government. 1 Where a State Government passes as under. The Central Government made an order on September 25, 1957, in the review application filed by the first respondent holding that his application was premature and that it was for the State Government to dispose of the application within six months of August 31, 1957. Thereafter the respondent was pressing the State Government to , rant him on lease the remaining areas included in his application. 226 of the Constitution on June 13, 1961 to issue a writ of mandamus to the State Government .to companysider his application for mining lease in preference to that of the 1st respondent as according to him the 1st respondents application should be deemed to have been rejected under rule 57 2 . Your application fo r review is therefore premature at this stage and in case your application for Mining Lease is number disposed of by the State Government within the prescribed period you may apply to the Central Government at the appropriate time. But I am unable to agree that the Central Government was companypetent in exercise of its power of review, against the order of the State Government made in companypliance with the order of Basi Reddy, J. in Writ Petition No. 464 and 602 of 1965. Meanwhile on December 27, 1955, the State Government granted on mining lease 1 acre and 20 cents of land to the appellant from out of the area included in the 1st respondents application. Aggrieved by the above order, the appellant moved the Central Government under rule 57 on July 7, 1961 for review ing the said order. A further amendment to that rule 57 2 was made on August 31, 1957. After the aforementioned order of the Central Government, the 1st respondent moved the High Court of Andhra Pradesh under Art. At the same time rule 57 was also amended. He further requested the Central Government to direct the State Government to stop granting further areas to other appli cants in Appalanarasimhapuram village pending investigation of the matter and pending decision of the Central Goverrunent. The State Government by its order dated May 27, 1961, granted on mining lease to the respondent all the areas for which he had applied an September 15, 1953 less those areas which had been earlier leased out to others. Neither the Central Government number the appellant herein were parties to that petition. 464 of 1965. That sub rule reads Every application under rule 27 shall be disposed of by the State Government within 9 months from the date of receipt of the application. The Central Government by order dated February 15, 1965, allowed the review petition and set aside the grant in favour of the first respondent. Meanwhile on November 21, 1955, the appellant applied for the grant of a mining lease of a portion of the area for which the respondent had earlier submitted his application. 888 of 1957, ,the 1st respondent filed another writ petition on December 16, 1957 seeking the very relief that he had sought in his earlier writ ,petition. It came to the companyclusion that the applications made by the appellant, the 1st respondent as well as others which were pending before the Andhra Pradesh Government should be deemed to have been rejected on the 1st March 1958, in view of rule 57 2 . Thereafter on 15 2 1965, the Central Government allowed the review petition filed by the appellant and set aside the grant made in favour of the 1st respondent on May 27, 1961. Evidently the Central, Government proceeded on the basis that the order of the State Government dated January 9, 1954 granting 57 acres and 20 cents of land to the 1/st respondent, by implication amounted to a rejection of his claim in respect of the other areas. On July 18, 1956, the Central Government dismissed the review petition made by the 1st respondent on December 8, 1955 with these observations Sir, I am directed to refer to your application dated the 8th December, 1955, on the subject and to say that after careful companysideration of the facts stated therein, the Central Government have companye to the companyclusion that there is numbervalid ground for interfering with the decision of the Government of Hyderabad, rejecting your application for grant of mining lease for iron ore in Appanarasimhapuram and Raigudam villages, Khammameth district. 602 of 1965 and the 5th respondent in Writ Petition No. 2753 reads In exercise of the powers companyferred by section 5 of the Mines and Minerals Regulation and Development Act, 1948, the Central Government hereby makes the following further amendment in the Mineral Concession Rules, 1949, namely Provided that any such application pending with the State Government on the 14th September, 1956, and remaining undisposed of on the 24th August, 1957, shall be disposed of by the State Government within six months from the latter date. Meanwhile on September 15, 1956, some of the rules were amended. While making this order, evidently the Central Government had overlooked its earlier order dated July 18, 1956. To that petition he made only the State of Andhra Pradesh as the respondent. Amrutham Kotaiah Naidu, the 1st respondent in these appeals applied for the grant of a mining lease in respect of 915 acres and 18 cents of lands in Appalanarasinmhapuram hamlet of Cheruvumadhavaram in Khammameth Teluqa of Warangal District of the then Hyderbad State, on September 15, 1953. That petition was disposed of by Bhimasankaram J. ,on August 20, 1959, with these observations It is stated by the learned 3rd Government Pleader that the Government is prepared to dispose of the application of the petitioner on the merits without relying upon rule 57 2 of the Mineral Concession Rules, 1949.
in the circumstances the petitioner does number want to press his petition. Granting that the High Court erroneously issued a writ of mandamus directing the State Government to perform its func tions it was, in my judgment, number open to the Central Government in effect to exercise appellate authority over the judgment of the High Court. By order dated November 4, 1958, Basi Reddy, J., observed that r. 57 2 as amended by S.R.O. Aggrieved by that order the 1st respondent filed Writ Petition No. Against that order the appellant moved a review petition. Yours faithfully, Sd G. C. Jerath, Under Secretary to the Government of India. After rule 28 1 anewsub rule 28 1 A was inserted. 888 of 1957, to set aside the order so as in effect to overrule the, judgment of the High Court. During the pendency of the writ petition No. During ,the pendency of that petition the appellant filed Writ Petition No. Your application for revision is, therefore, rejected. The relevant portion of that order reads With reference to your application dated 16th April, 1957, on the above subject, I am directed to invite your attention to this Ministrys numberification No.,
MII 152 26 /57 dated the 21 8 57 companyy enclosed amending the Mineral Concession Rules, 1949. That order is silent as regards the other areas included in his application. The first respondent then moved Petition No. Obviously aggrieved by those grants the respondent moved I.L.R. 2121 of 1969 and respondent No. 226 of the Constitution in Writ Petition No. After production of agreement with the pattedars lease in respect of lands companyprising 57 acres 25 Gunthas was granted to him as per the order of the Director of Mines and Geology dated January 9, 1954. It will be numbericed therefrom that the application for companycessions received by the State Govt. The High Court has allowed the writ petition filed by the 1st respondent and dismissed that of the appellant. prior to the 4th September, 1956 and remaining undisposed of on the 31st August 1957 shall be disposed of by them within six months from the latter date. Ram Reddy and A. V. V. Nair, for respondents Nos. lie companyld, therefore, challenge the companyrectness of the order made by Basi Reddy, No objection companyld be raised against the grant of leave to him to appeal ,on the ground that he was number a party to the Writ Petition No. That petition came tip for hearing before Basi Reddy J. on November 4, 1958.
of granting or refusing the licence, and in case of refusal of recording in writing the reasons for the refusal and of refunding the application fee. 2122 of 1969 . The appellant herein was the petitioner in Writ Petition No. The rule has been accepted by the High Courts in India see The Province of Bombay v. Western India Automobile Associa tion 1 Ponnalagu v. State of Madras 2 and Pullayya v. Nagbhushanam. 2 1 21 and 2122 of 1969. He accepted the petition and issued the mandamus prayed for. Narasaraju, A. Subba Rao and K. R. Sharma, for the appel lant in both the appeals C. Setalvad P. Parameswara Rao, V. Rajagopal Reddy, S, L. Setia and K. C. Dua, for respondent No. Even before that he had moved the Andhra Pradesh High Court under Art. 1953 Mad. 2753 is intended for the benefit of the applicant, and does number relieve the State from per forming the statutory functions imposed on it under rule 17 1 and 17 2 viz. S.R.O. of granting or refusing the licence. These appeals by certificate arise from the companymon judgment of the High Court of Judicature at Andhra Pradesh in Writ Petitions Nos. In my judgment, therefore, Appeal No. Appeals from the judgment and order dated July 18, 1969 of the Andhra Pradesh High Court in W. P. Nos. 2 I.L.R. Hegde, J. A. seyid Muhammad and S. P. Nayar, for respondent No. The Judgment of HEGDE and GROVER, JJ. 1949 Bom. 3 The appellant companyld undoubtedly have been made a party to a petition before the High Court. In this case, it will be companyvenient to formulate the issues arising for decision after setting out the relevant facts. 2121 of 1967 must also fail. 127 F.B. If the order was erroneous it companyld be set aside by an appropriate proceeding before a Division Bench of the High Court or before this Court. The relevant facts may be recalled. 2 in both the appeals . 3 and 4 in C.A. 3 in C.A. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. There will be numberorder as to companyts. 1 in both the appeals . 1962 A.P. The companycerned numberification No. Hence these appeals. No.
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1970_144.txt
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A2 to A6 were in possession of the dangerous weapon Aruval and A3, A5 and A6 were in possession of companyntry made bombs and companymitted companymotion along with A1. Charges were framed against A1 under Section 147 IPC and against A2 to A6 under Section 148 IPC and that in companytinuance of the companymission of the said offence, A1 caught hold of the right hand of Sundaram and said cut and kill him and A4 inflicted cut on the right hand of Sundaram with the aruval and further A2 to A4 inflicted cuts on neck of Sundaram indiscriminately and hence Sundaram died and charges were framed against A1, A2 and A4 under Section 302 IPC and against A3, A5 and A6 under Section 302 IPC read with Section 149 IPC. When the witnesses Annakodi PW 1 , Ayyar PW 2 and Mokkai who saw the falling down of Sundaram, A3, A5 and A6 ran away and with the motive of companymitting the murder, threw the companyntry bombs on them and hence the witnesses Annakodi and Ayyar sustained injuries and charges were framed against A3, A5 and A6 under Section 307 IPC and against A1, A2 and A4 under Section 307 IPC read with Section 149 and during investigation it came to light that A3, A5 and A6 were in possession of companyntry bombs without any valid license and hence charges were framed against A3, A5 and A6 under Section 9 b 1 b of the Indian Explosives Act,1884 in short the Explosives Act . Background facts as highlighted by the prosecution are as follows The Inspector of Police, Usilampatti filed the charge sheet against the accused stating that due to previous enmity A1 to A6 with companymon motive to companymit murder of Sundaram hereinafter referred to as deceased and the witnesses Annakodi PW 1 , Ayyar PW 2 and Mokkai, assembled unlawfully at about 10.45 a.m. on 11.10.89 in front of the tea shop of Raju Raja opposite to Malayandi Theatre Usilampatti on Madurai Usilampatti main road. The accused denied the accusations and were put on trial. On perusal of the records and documents in the case and upon hearing the arguments of the Public Prosecutor and defence companynsel, trial companyrt came to hold that there was sufficient evidence to hold that the accused had companymitted the offences and the charges were framed. 5 and 6 before it and before the trial Court they were accused Nos. Before the trial Court there were six accused persons. The above sentences shall run companycurrently. Dr. ARIJIT PASAYAT, J. The companyviction and the companysequential sentences were challenged before the High Court which as numbered above dismissed the appeal. 5 and 6. In this appeal challenge is to the judgment of a Division Bench of the Madras High Court dismissing the appeal filed by the appellants who were appellant number.
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2008_1343.txt
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The I.T.O. Whether on the facts and in the circumstances of the case, the Appellate Tribunal is justified in holding that the lands are agricultural lands? Whether on the facts and circumstances of the case, the Income tax holding that the Income tax Officer had numberreason to believe that the land was number agricultural and in view of the Andhra Pradesh High companyrts decision in the case of CIT Vs. He sought the sanction of the Commissioner on the ground that the land acquired was number agricultural land as it had number been subjected to agricultural operation and the capital gains thereon were chargeable to income tax. On 4.9.78, the I.T.O. 25,25,240/ was awarded as companypensation by the Land Acquisition officer on 20.11.65. 2,43,934/ was payable as tax and initiated penalty proceedings. The Department approached the Income tax Appellate Tribunal with an appeal but in vain as the Tribunal agreed with the Commissioner and companyfirmed his order. The Revenue applied for reference to the High Court on the following three questions Whether on the facts and circumstances of the case, the Income tax Appellate Tribunal is companyrect in holding that the reassessment proceedings were number valid by companysidering only a part of the Income tax Officers numbere? On appeal by the assessee, the companymissioner of Income tax Appeals held that the T.O. companyld number have had any reason to believe that there was escapement of income as there was numbermaterial whatever at that time to indicate that the lands were number agricultural. The appellant filed a return under Section 139 4 of the Income tax Act hereinafter referred to as the Act On 17.2.72 disclosing the interest on belated payment of companypensation as her income. By a detailed order, the Tribunal rejected the application with reference to Questions 2 3 but referred only the first question by recasting it as follows Whether on the facts and in the circumstances of the case the Appellate Tribunal was right in holding that the reassessment proceedings initiated by the Income tax Officer in this case were number valid in law? of Andhra Pradesh acquired the same under the provisions of the land Acquisition Act. Officer in charge Court of wards versus CWT 72 ITR 552 which was number accepted by the Department? 148 on 21.4.73. The appellant owned certain lands in Nacharam village near Hyderabad. 2,72,136/ including solatium and interest. The High Corut by its judgment dated 1.4.91 answered the question in the negative in favour of the Revenue and against the assessee. initiated proceedings under Section 147 a of the Act for the year ending 31.3.65 in March 1973 and issued a numberice under Sec. The Commissioner allowed the appeal and cancelled the order of assessment under S.147 a . made an order of assessment holding that a sum of Rs. rejected it as invalid as it was filed beyond the period prescribed under S.139 4 of the Act. Srinivasan. On a reference at the instance of the appellant the civil companyrt enhanced the companypensation to Re. The same was affirmed on appeal by the High Court on 16.10.70. A sum of Rs. Aggrieved by this the assessee filed this appeal on Special Leave. The Govt. J.
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1999_943.txt
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Vadadora Police initiated the investigation. The children of the first informant took admission after depositing the admission fee and miscellaneous charges etc. The FIR was lodged on 23.12.2006. Whether the High Court has the requisite jurisdiction to transfer an investigation from one Police Station to another is the companye question involved in these two appeals which arise out of judgment and order dated 28.12.2006 in Special Criminal Appeal Nos.2272 and 2271 of 2006. Appellant lodged a First Information Report before the detective Crime Branch, Police Station, Vadodara City under Sections 406, 420 and 120B of the Indian Penal Code against the respondents. However, their admission was later on cancelled. According to the appellants, the respondent had assured that the child of the first informants would be admitted in their institution and on that pretext, companylected a huge amount from them. No.2258 of 2007 JUDGMENT B. Sinha, J. On 28.12.2006, the High Court passed the impugned order in the following terms Rule. Applications for transfer of investigation were filed before the High Court. Leave granted.
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2008_827.txt
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Jad, Ms. Bina Gupta, Ms. Monika Mohil, Monika Lal, Sunil Dogra, J.H. A threetier fora companyprising the District Forum, the State Commission and the National Commission came to be envisaged under the Act for redressal of grievances of companysumers. Parekh, Sunita Mukherjee, Ms. H. Wahi, V.K.S. Ramalingam, Ms. S. Vasudevan, P.K. Wahi, Kailash Vasudev, Mr. G.K. Gansal, Ms. Indra Makwana, K. Swami, Gopal Singh, Ms. Kamini Jaiswal, Manoj Swarup, S. Kumar, Ms. S. Janani, R.S. the Districts Forums, had number been set up in all the districts in the companyntry except a few. The object of the legislation, as the Preamble of the Act proclaims, is for better protection of the interests of companysumers. The need for companysumer redressal fora was, therefore, increasingly felt. Chari, Ms. Kusum Chaudhary, Gaopal Singh, Ms. Alpna Kirpal, Dushyant A. Dave and V. Krishnamurthy for the appearing parties. Mishra, Vishwajit Singh, Vikrant Yadav, N. Singh, Ms. Sushma, B.K. Nandy, Pramod Swarup, Ms. Indu Malhotra, Ashok Mathur, D.N. Understandably, the therefore legislation was introduced and enacted with companysiderable enthusiasm and fanfare as a path breaking benevolent legislation intended to protect the companysumer from exploitation by unscrupulous manufacturers and traders of companysumer goods. Manohar, Ms. A. Subhashini, B. Parthasarathy, M. Veerappa, S.K. After the companynters were filed by most of the States, except a few, this Court passed an order on January 17, 1990 directing that every district shall have a District Forum with the District Judge of the district as its President. This legislation was enacted for the protection of the interests of the companysumers and for that purpose to provide for the establishment of Consumer Councils and other authorities for the settlement of companysumers disputes and matters companynected therewith. Agnihotri, K. Panda, Pravir Choudhary, S.K. Poti, A.S. Nambiar, Rajeev Dhawan, D. Shourie in person , Anip Sachthey, Chava Badri Nath Babu, Rashmi Dhirwal, B.R. Suri, Aruneswar Gupta, T.V.S.N. The Consumer Protection Act, 1986 Act of 1986 received the assent of the President on December 24, 1986. Nambiar, JR.
Das, S. Sinha and Das, V. Balaji, P.N. Choudhary, Adv. Notices were issued to the Union, the State Governments and the Union Territories requiring them to file companynters indicating the action taken for setting up a District Forum in each district under the Act. Prasad, A.S. Bhasme, K.R. Mukherjee, S.H. The High Courts were also requested to accord appropriate sanction companysent for the functioning of District Judges as Presidents of the District Fora. Parekh, N.K. Sachthey, Dr. N.M Ghatate, P.S. During the last few years preceding the enactment there was in this companyntry a marked awareness among the companysumers of goods that they were number getting their moneys worth and were being exploited by both traders and manufacturers of companysumer goods. The petitioner, companymon cause, a registered society, espousing the cause of members of the public, filed this petition two years after the Act came into force companyplaining that the implementation of the provisions of the Act was sluggish, in that, the machinery for redressing the grievances of the poor companysumers at the base leval i.e. April 15, 1987 and Chapter III from July 1, 1987. The Consumer Protection Rules, 1987 made under Section 30 1 of the Act were also brought into force w.e.f. April 15, 1987. Sahu, P.H. General , K.B. For the sake of brevity these two pieces of legislations shall hereafter be referred to as the Act and the Rules, respectively. Altaf Ahmad, Additional Solicitor General, R.N. The provisions companytained in Chapters 1, II IV were brought into force by the Central Government w.e.f. The President of the National Commission was requested to obtain first hand information from every State U.T. Since different dates companyld be appointed by different States and for different provisions the provisions of the Act did number companye into force on a single date in the entire companyntry. 742 of 1990. The Judgement of the Court was delivered by AHMADI, J. Section 1 3 thereof provided that it shall companye into force on such date as the Central Government will provide by numberification. 1141 of 1988. This was a stop gap arrangement. Similar grievances are made in the second petition also. about full companypliance of the requirements of the statute. CIVIL EXTRAORDINARY JURISDICTION Writ Petition Civil No. WITH Writ Petition Civil No. Under Article 32 of the Constitution of India.
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1993_41.txt
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The plaintiff and the 1st defendant are the companyowners in the suit property. The properties mentioned in the schedule were enjoyed by the plaintiff and the 1st defendant jointly. It is alleged in the plaint that the plaintiff and her father companystituted a Hindu Undivided Family and the suit property is ancestral property in the hands of the 1st defendant. The other defendants number3 to 8 are the alleged purchasers of a part of the suit property from the 1st defendant through the 2nd defendant. The 1st defendant and the plaintiff are having undivided share each in the suit property, being the companyarceners of the Hindu Undivided Family. The relevant portion of the plaint reads as follows The suit property is an ancestral property in the hands of the 1st defendant. More interestingly numberrelief is sought in the suit either against the 1st petitioner herein or the other defendants who are allegedly the vendees of some part of the suit scheduled property. The 1st defendant being the Kartha of the Hindu Undivided Family was looking after the same. The 1st defendant being one of the son of Late Somanathan the Schedule hereunder. It appears from the impugned judgment that the debate before the High Court was whether the suit scheduled property is the self acquired property of the father of the plaintiff or the property belong to the companyarcenery between the plaintiff and her father. According to the plaintiff, the 1st petitioner herein is the erstwhile power of attorney of the father of the plaintiff. Hence the plaintiff is ignoring the same. The suit was filed with the prayer as follows a for partitioning of the properties more fully described in the schedule hereunder and allot share to the plaintiff. There is numberpartition between the plaintiff and is number having any right to alienate the same without the companysent and companycurrence of the plaintiff. He is having only the right to manage the properties. On his death, the properties devolve upon his legal heirs including the 1st defendant. Having made such an allegation, the plaintiff never gave any description or any details of the sale transaction s entered into between the 1st petitioner and the other alleged purchasers of the part of the suit scheduled property through the 2nd petitioner herein. In the background of the abovementioned pleading, the plaintiff made a further allegation that Upon enquiry, the plaintiff came to know that the sale of a part of the suit property to the defendants 3 to 8 are companylusive transactions without any companysideration. Such a prayer is based upon the pleading that the suit scheduled property originally belonged to one Shri S. Somanathan, the grandfather of the plaintiff who according to the plaint died intestate on 16.08.1981. The alleged sale transactions are fraudulent and designed to defeat the right of the plaintiff. No.1097 of 2011 praying that the plaint be rejected on the ground that the suit is a vexatious suit. The relevant portion of the plaint reads as follows The suit properties more fully described hereunder in the schedule belongs to Late Somanathan vide document bearing Registration No.1072/1972 dated 20.03.1972. All the above said sale deeds will number bind the plaintiff in any manner. He died intestate on 16.08.1981. The market value of the property is much more than what is mentioned as price in the sale deeds. The petitioners herein are defendant number.2 and 3 respectively in Original Suit No.300 of 2011 on the file of the Court of District Judge, Coimbatore. b directing the defendants to pay plaintiff the companyt c granting to the plaintiff such other and further reliefs as this Honble Court may deem fit and proper in the circumstances of the case and render justice. The 3rd to 8th defendants are number bonafide purchasers for good companysideration. In the background of such a plaint, the petitioners herein filed I.A. The said suit was filed by the first respondent herein. Subsequently, the properties were partitioned to metes and bounds between the legal heirs vide Partition Deed bearing Registration No.2435/1982, dated 05.06.1982 in the Office of the District Registrar, Coimbatore. The price quoted in the sale deeds are imaginary and very low. She is the daughter of 2nd respondent herein. The alleged transactions were neither in good faith number for valuable companysideration. Aggrieved by the same, the petitioners herein carried the matter by way of a revision to the High Court unsuccessfully. The instant special leave petition is filed by two unsuccessful petitioners before the High Court of Madras in CRP PD No.3342 of 2012 aggrieved by a final order dated 15.11.2012 passed therein. Hence, this SLP. Chelameswar, J. By an order dated 19.06.2002, the trial companyrt dismissed the said application.
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2014_722.txt
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The appeal arises out of a suit brought by the appellant for a declaration that the property in dispute was the private property of his guru Mahant Someshwargiri deceased and as such he was entitled to own and maintain his possessionover that property. Declaration was further sought that defendant was number authorised to register the said property to be endowment property. Prayer was also made that the defendant State be restrained from interfering with the appellants pos session of the property. This is an appeal by special leave by Mahant Narayangiri against the judgment and decree of the Bombay High Court affirming on appeal the decision of the trial Court, whereby the suit filed by the plaintiff appellant, had been dismissed. R. khanna, J.
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1976_123.txt
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were binding on new State of Uttaranchal. Government forwarded the UPPSC recommendations in respect of posts in Hill Cadre to the Government of Uttaranchal. The separate State of Uttaranchal came into existence on 9.11.2000. The UPPSC sent its recommendations to the P. Government on 30.10.2000. On 29.8.2001, Government of Uttaranchal issued the order number to appoint the selected candidates mentioning two reasons that 1 the new reservation policy of the State of Uttaranchal is different from that of U.P. and 2 practical and legal difficulties in such a situation in giving appointments to the candidates recommended by the UPPSC. and 2 there were practical and legal difficulties in such a situation in giving appointments to the candidates recommended by the UPPSC. The High Court took the view that the recommendations made by the UPPSC of the erstwhile State of U.P. Government of Uttaranchal, by order dated 29.8.2001, took a decision number to appoint the candidates selected by the UPPSC pursuant to selections made on 4.1.2000 giving two reasons 1 that the new reservation policy of the State is different from that of the State of U.P. The selected candidates, aggrieved by the same, filed a batch of writ petitions assailing the said order, impleading State of Uttaranchal and its officers, State of Uttar Pradesh and its officers and UPPSC. These appeals are by the State of Uttaranchal assailing the companymon judgment and order dated 6th November, 2001 passed by the Division Bench of the High Court of Uttaranchal. The U.P. Resolution of, the dispute in these appeals depends on the answer to the question whether the selection made by the Uttar Pradesh Public Service Commission, prior to formation of State of Uttaranchal, is binding on the State of Uttaranchal so as to appoint selected candidates to the services in the State of Uttaranchal having due regard to Article 323 2 of the Constitution of India and Section 78 4 of The Uttar Pradesh Reorganisation Act, 2000. Uttar Pradesh Public Service Commission UPPSC published advertisement inviting applications for 544 posts of J.E. U.P. Government forwarded the recommendations on 31.10.2000 to the Chief Engineers Office, Hill Cadre, Almora. Government forwarded the recommendations on 31.10.2000 to the Office of the Chief Engineer, Hill Cadre, Almora. The result of selection was published on 4.1.2000. The Division Bench of the High companyrt, by the companymon impugned judgment allowed the writ petitions and issued direction to the State of Uttaranchal to give appointments to the writ petitioners. Delay companydoned in SLP C No./2003 CC 1629/2003 . Civil Technical 507 Civil 37 Technical . The Governor shall, on receipt of such report, cause a companyy thereof together with a memorandum explaining, as respects the cases, if any, where the advice of the Commission was number accepted, the reasons for such number acceptance to be laid before the State Legislature of the State. J U D G M E N T Shivaraj V. Patil J. Leave granted in all the SLPs.
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2003_345.txt
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of poppy husk. aggrieved against the order of acquittal of the accused appellant the state of punjab preferred an appeal before the high companyrt which was allowed and the accused was companyvicted of the offence punishable under section 15 of the ndps act and sentenced to undergo ri for ten years and to pay a fine of rs.100000/ and in default of payment of fine to further undergo ri for two years. sessions judge sangrur under section 15 of the ndps act 1985.
the trial companyrt acquitted the accused appellant on the ground that the prosecution has failed to establish that the accused appellant was in possession of 90 kgs. this appeal is directed against the judgment and order dated 28.01.2004 of the learned single judge of the high companyrt of punjab haryana whereby the learned single judge has reversed the judgment and order of acquittal recorded by the addl. o r d e r delay companydoned. appeal admitted.
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2008_2534.txt
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The petition was resisted by the Income tax Officer. The Company then moved a petition in this Court for an order quashing and setting aside the order under s. 163 and numberice of demand under s. 156 for the assessment year 1965 66 and for an injunction or prohibition restraining the Income tax Officer from enforcing or implementing the order under s. 163 and the numberice under s. 156 read with s. 210 of the Incometax Act, 1961. On the same day the Income tax Officer issued a numberice of demand under s. 156 read with s. 210 of the Act calling upon the .Company to pay on or before March 1, 1965, advance tax of Rs. 67 of 1965. On February 25, 1965, the Income tax Officer, Companies Circle I 3 , Bombay, directed that for the purpose of the Income tax Act, 1961, the Premier Automobiles Ltd. hereinafter called the Company be treated as an agent of M s Dodge Brothers of United Kingdom a number resident Company. 11,51,235 91 as agent of the foreign principal during the financial year 1964 65. C. Chagla, F.N. Kaka, O.P. Ramachandran and R.N. Malhotra and J.B. Dadachanji, for the petitioner. Sen, T.A. 32 of the Constitution of India for enforcement of the fundamental rights. Petition under Art. Sachthey, for the respondents. ORIGINAL JURISDICTION Writ Petition No. The Judgment of the Court was delivered by Shah, J.
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1968_273.txt
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9623 of 1989, the Commandant, 3rd Battalion, Haryana Armed Police, companysidered the matter again and after detailed examination of the service record of the appellant passed a fresh order on 6.11.1995 holding that the appellant did number deserve to companytinue in service beyond the age of 55 years and that he was rightly retired at the said age. If the companypetent authority once again companyes to the companyclusion that the petitioner did number deserve to companytinue beyond 55 years of age, the petitioner shall number get any other relief. However, it is left open to the companypetent authority to independently examine the record of the petitioner and take a fresh decision as to whether the petitioner should have been retained in service beyond 55 years of age. The appellant then challenged the order dated 6.11.1995 by filing Civil Writ Petition No. In companypliance of the orders passed on 5.5.1995 in Civil Writ Petition No. The appellant, who was a Sub Inspector of Police, was served a numberice dated 8.6.1989 by the Commandant, 3rd Battalion, Haryana Armed Police, by which he was informed that he had attained the age of 55 years on 9.6.1989 and as he was number companysidered fit to be retained in service beyond the said age, he was being given numberice of three months as required under the provisions of Punjab Police Rules 18 1 c read with numbere below therein and Rule 5.32 of C.S.R. 11428 11429 of 1998 were preferred in this Court challenging the orders passed in letters patent appeal and in the review petition and the same were dismissed on 5.11.1999. This appeal, by special leave, has been preferred against the judgment and order dated 5.9.2002 of the High Court of Punjab and Haryana, by which the writ petition preferred by the appellant for quashing the order dated 6.11.1995 companypulsorily retiring the appellant from service was dismissed. 9623 of 1989, which was allowed by a learned Single Judge on 5.5.1995 and the operative part of the order reads as under In the result, the writ petition is allowed only on the ground that the companypetent authority did number apply its mind to the record of the petitioner but acted under the dictates of his superior officer while issuing the impugned numberice and, therefore, the impugned numberice is quashed. on 7.9.1989. The companypetent authority shall take a decision without being influenced by any observation made in this order. The letters patent appeal preferred by the appellant against the aforesaid judgment and order of the learned Single Judge was dismissed by a Division Bench on 20.11.1997 and review petition was also dismissed on 20.3.1998. 6353 of 2000 before the High Court of Punjab and Haryana, which was dismissed by the impugned order dated 5.9.2002 by a Division Bench of the High Court. As already mentioned, this order attained finality as the letters patent appeal, review petition and also the special leave petition preferred against the said order were dismissed. The appellant challenged the aforesaid numberice of companypulsory retirement by filing Civil Writ Petition No. Such decision should be taken by the companypetent authority within three months of the receipt of a companyy of this order. II and accordingly he will be deemed to have retired from service after the expiry of period of numberice i.e. Vol. Thereafter, Special Leave Petition Civil Nos. P. Mathur, J. Leave granted.
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2005_762.txt
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Initially, the case was adjourned since companysequent upon reference doubting companyrectness of Mithilesh Kumar Anr. The companynsel appearing for her informed her had produced damage to the appellant depriving her of the valuable property denuding right, title and interest to claim companypensation in respect of her lands acquired by the Government. The second respondet appears to have field a suit on August 23, 1979 in which he impleaded the appellant as party defendant. Pursuant to numberice issued on November 22, 1988, Mr. Uma Dutta had appeared for the respondent. It is the case of the appellant that the second respondent engaged two advocates, one Mr. Mitter Sain on behalf of himself and other Ram Kishan for the appellant. Thereafter, numbere appeared for the respondent. He sought for and was granted permission to withdraw from the case. Subsequently, he reported on January 6, 1995 that he was instructed number to appear in the matter.
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1996_871.txt
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1,28,923 7 3, as sales of other goods. 73,713 6 0, as sales of goods mentioned in Sechedule I of the Act, and Rs. In the return filed by the appellant, he had claimed exemption on sales of bidis amounting to Rs. 44,153 3 6 was assessed. By that time, the Sales Tax Act was amended making it incumbent upon the appellant to deposit the assessed tax as a companydition precedent to the admission of the appeal. 12,99,389 9 9 on the ground that they were exported from the taxable territories before the companytract for sale was entered into. General Agency, and held a sales tax registration certificate for the period, November 13, 1947 to November 1, 1948.For that period, he filed a return under the Central Provinces and Berar Sales Tax Act, showing a gross turnover of Rs. The case of the appellant for exemption was that he had two godowns for bidis at Ujhani and Haldwani in Uttar Pradesh, which were managed by the Central Bank of India on his behalf, and that the goods were stored at these godowns, and were delivered against orders by the Central Bank of India, who also acted as the appellants bankers. He also paid an advance tax of Rs. The appellant then moved the High Court at Nagpur under Article 226 of the Constitution for a writ of mandamus companypelling the Commissioner to hear and deter mine the appeal, without the deposit of the assessed tax as required by the amendment. This is an appeal with a certificate under Article 132 1 of the Constitution granted by the former High Court at Nagpur. During the companyrse of the hearing, the appellant applied under Article 132 3 for leave to appeal to this Court on the ground that other questions had been wrongly decided. The petition of the appellant was heard with others, in which the companystitutional point was in the forefront. The appellant is the proprietor of a firm called C.P. He made the petition under Articles. When the appellant applied for a certificate to appeal to this Court, he set out the identical grounds which he had relied upon in the original petition. Hidayatullah, J. We shall refer to that petition later. Against the order of assessment, an appeal was filed before the Commissioner.
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1960_160.txt
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1 to 4 had only caused simple injuries to the deceased Umashankar, the provisions of Section 148 and 149 of the Indian Penal Code were number attracted. Arising out of SLP CRL. 2014 OF 2007 B. SINHA, J. The State did number prefer any appeal thereagainst. The companyplainant respondent, however, filed a revision application before the High Court. Leave granted.
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2008_29.txt
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The agreement stipulated that the respondent would manufacture the goods and supply them to Nestles in such quantities as Nestles might specify from time to time subject to a prescribed minimum and maximum, and Nestles was obliged to buy the products so manufactured by the respondent. It entered into a number of agreements with Messrs. Nestles Products India Limited, a subsidiary of a foreign companypany, Messrs. Nestles holdings Limited, to manufacture for and on behalf of Messrs. Nestles Products India Limited hereinafter referred to as Nestles sweetened companydensed milk, soluble companyfee, baby milk food, milk powders and infant cereal foods for sale in India by Nestles under certain trade marks in respect of which the latter was registered as the sole registered user in India. The respondent enjoyed numberinterest in the trade marks and labels and undertook number to sell any of those products to any person other than Nestles. The products were manufactured by the respondent in accordance with detailed quality specifications supplied by Nestles, and the price of the products was determined under the agreements free on rail at Moga or free on lory at factory. The products manufactured by the respondent were subject to excise duty under the said Excises and Salt Act, 1944. The respondent, Messrs. Food Specialities Limited, Moga is a companypany registered under the Indian Companies Act, 1956. 1969, 4420, 4422 to 4424, 4429 to 4436. A. PaIkhivala, Soli J. Sorabjee, Ravinder Narain, M. Ansari and Miss Rainu Walia for the Respondent. Poddar and Miss A. Subhashini for the Appellants. 4497 of 1975. Parasaran, Attorney General of India , R.N. 1723 1736 of 1981 From, the Judgment and Order dated 31.8.1976 of the Punjab and Haryana High Court in Writ Nos. The respondent disputed the value of the goods determined by the excise authorities for the purpose of the levy, and a number of questions were raised in that companytext. This appeal by special leave is directed against the judgment and order dated August 31, 1976 of the High Court of Punjab and haryana allowing a Group of writ petitions filed by the respondent against the levy of excise duty. The companytroversy was processed through the statutory channels provided by the Act and ultimately the respondent filed writ petitions in the High Court. The Judgment of the Court was delivered by PATHAK J. CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
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1985_235.txt
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466 of 2011 titled Baba Global Ltd. vs.Union of India. Baba Global Ltd. was finally disposed of by Order dated 03.09.2013 inter alia by numbering the statement of the learned Additional Solicitor General that Baba Global Ltd. would be exempted from operation of the Plastic Wastes Management and Handling Rules 2011 in short the 2011 Rules . This writ petition is filed with the following prayers Issue writ of mandamus that the exemption companytained under Rule 2 of Plastic Wastes Management Handling Rules, 2011 must be available to the Petitioner to export its Pan Masala, Gutkha and tobacco in multilayered plastic sachet and also in other packages companytaining plastic. Issue writ of Certiorari or any order, writ or direction in the nature of Certiorari quashing the impugned Rules 5 d and 5 g companytained in Plastic Waste Management Handling Rules, 2011 as amended vide numberification dated 02.07.2011 and or Issue a writ of Mandamus or any other appropriate writ, order or direction declaring Rules 5 d and 5 g of the Plastic Wastes Management Handling Rules, 2011 as being violative of Articles 14, 19 1 g of the Constitution and also ultra vires the provisions of the Environment Protection Act, 1986 and Grant such and further orders as may be deemed just and necessary in the facts and circumstances of the present case and in the interest of justice. In Baba Global Ltd. by Order dated 03.09.2013 this Court had taken numbere of sundry undertakings given by the Petitioner therein, the principal one of which was that numberpart of the production would be sold or released in the local market in India. The Petitioner before us has filed a similar Undertaking and has assured the Court that it will abide by all the terms of the Undertaking. 2 When the matter was listed before this Court on 13.10.2015, the following order was passed Learned Senior Counsel appearing for the Petitioner states that the facts that obtain in the present Petition are in pari materia with and materially identical to those which existed in the Writ Petition No. KURIAN,J.
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2016_282.txt
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1267/84. The petitioner has flied an application for companydo nation of delay in filing the special leave petition. It appears from the list of dates that the certified companyy was received by the Collector of Central Excise on 22nd July, 1984 wrongly mentioned as 22nd July, 84 and it was after a period of two months, on 29th September, 1984 that the certified companyy was despatched by the Collector of Central Excise to the Minis try of Finance. There are numbergrounds made out in the application for companydonation of delay and the only material set out in the application is the list of dates as starting from the date of receipt of the certified companyy of the judgment upto the dates of filing of the Special Leave Petition. Datta, ASG. and Ms. S. Relan for the Petitioner. The following Order was delivered This Special Leave Petition has been filed beyond the period prescribed by the Rules for filing a special leave petition. 2448 Of 1985 From the Judgment and Order dated 10.7.84 of the High companyrt of Karnataka at Bangalore in Writ Appeal No. CIVIL APPELLATE JURISDICTION Petition For Special Leave to Appeal Civil No.
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1986_425.txt
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Mr. C.G. Being aggrieved, Mr. C.G. The above two appeals were filed by the Registrar of the High Court of Gujarat and Mr. C.G. Sharma. We heard Mr. L.Nageswara Rao, learned senior companynsel, assisted by Mrs. Wahi, learned companynsel, appearing for the Registrar of the High Court of Gujarat for the State of Gujarat and Mr. Colin Gonsalves, learned senior companynsel, assisted by Mr. Vikram and Mr. Rajesh Pandey, learned companynsel appearing for Mr. C.G. Aggrieved by the findings of the Division Bench in regard to his companytention of deemed companyfirmation, Mr. C.G. Sharma respondent in A.No.4019/2002 and appellant in C.A.No.575/2003 and directed that Mr. C.G.Sharma Shall be entitled to all the companysequential benefits as if the termination order had never been passed. Sharma respectively against the final judgment and order dated 5.9.2001 passed by the High Court of Gujarat at Ahmedabad in Letters Patent Appeal No.1721/1999 in Special Civil Application No.11218/1994 whereby the High Court allowed the Letters Patent Appeal filed by Mr. C.G. During the subsequent period also, the respondent was companymunicated the adverse remarks for the quarters between 15.6.1993 and 15.5.1994 and that the High Court companysidered the respondents overall performance and on 12.9.1994 recommended to the State Government to terminate the respondents services on the ground of unsuitability for the post. The judgment of the learned single Judge suffers from the vice of the number adjudication of the plea that the respondent had been subjected to pick and choose inasmuch as the other officers, who had numberdisposal as per the numberms, were companyfirmed whereas Mr. C.G. Sharma, respondent in C.A.No.4019/2002 was appointed as Civil Judge Junior Division and Judicial Magistrate, First Class on probation for a period of two years vide Government Notification dated 7.6.1991. Sharma filed Civil Appeal No. Aggrieved by the above judgment and final order, the Registrar of the High Court of Gujarat and the State of Gujarat preferred S.L.P. Sharma had been terminated and this point was number companysidered by the learned single Judge. By the order dated 22.9.1994, the respondents services were terminated with immediate effect on account of unsuitability for the post held by him under the recommendations of the High Court. Sharma preferred Letters Patent Appeal assailing the judgment of the learned single Judge on three grounds The first ground was that with the expiry of the period of two years of probation in 1993 when the respondent was allowed to companytinue, he stood automatically companyfirmed and that there was numberquestion of termination of his services without holding any enquiry. 11218 of 1994 on various grounds, more particularly, on the ground that two years period of probation having expired, the respondent must be deemed to have been companyfirmed on the post of Civil Judge Junior Division and, therefore, the respondents services companyld number have been terminated without holding a departmental enquiry. The petition was resisted by the Registrar of the High Court pointing out that the respondents case was examined by the High Court and having regard to the fact that the overall performance of the respondent was number satisfactory, the High Court recommended to the State Government on 12.9.1994 to terminate the respondents services with immediate effect on account of unsuitability for the post held by him and accordingly the State Government issued a Notification terminating the respondents services. It was also submitted that there were adverse remarks in the Confidential Reports which were companymunicated to the respondent and that the period of probation was extended by one year w.e.f. In the result, the Division Bench allowed the appeal filed by the respondent Mr. G. Sharma and set aside the order passed by the learned single Judge by holding that the respondent shall be entitled to all companysequential benefits as if the termination order had never been passed subject to the adjustment of the emoluments drawn by him as an employee of the High Court Staff. It was further companytended that the respondent was originally serving as an Assistant in the Establishment of the High Court and upon termination of his services as a Civil Judge Junior Division and Judicial Magistrate, First Class, he has been taken back by the establishment of the High Court with effect from 27.9.1994. Both these appeals raised companymon question of law about the interpretation of the provisions of sub rule 4 of Rule 5 of the Gujarat Judicial Service Recruitment Rules, 1961 hereinafter referred to as the Rules regarding the power of the Government to extend the period of probation. Hence, Civil Appeal No.4019/2002. 575/2003. 17.6.1993. WITH CIVIL APPEAL NO.575 OF 2003 Dr. AR. C No.22808/2001. However, before the Division Bench, three companytentions were raised by the respondent herein as narrated above and the judgment was delivered on that basis. He joined his duties on 29.6.1991. This Court, after issuing numberice, ordered to maintain the status quo. Lakshmanan, J. Leave was granted on 12.7.2002. Hence both these appeals have been heard together and are being disposed of by a companymon judgment. The said order was challenged in Special Civil Application No.
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2004_1026.txt
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That the Government reconsidered the matter and decided to withdraw the special leave petition is an obvious fact. Why did the Government reconsider the 15 matter and what were the reasons which impelled the Government to change its mind? Permission was therefore sought to withdraw the special leave petition. Sen, JJ on 14th September, 1982, it was represented to the Court that a wireless message had been received instructing the companynsel to withdraw the Special Leave Petition. This special leave petition was filed by the State of Andhra Pradesh against the judgment of the High Court of Andhra Pradesh in all solemnity. Desai and A.P. When it came up for hearing before our Brothers, D.A.
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1982_155.txt
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The evidence of both these witnesses has been accepted by the learned Sessions Judge as well as the High Court and on the basis of this evidence, the learned Sessions Judge and the High Court have arrived at companycurrent findings of fact resulting in he companyviction of the appellant. This appeal, by special leave, is directed against a judgment of the High Court of Gujarat companyfirming the companyviction and sentence recorded against the appellant by the Additional Sessions Judge, Ahmedabad for offences under Sections 419, 420 and 471 of the Indian Penal Code. N. Bhagwati, J.
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1975_232.txt
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In other words for the second relief claimed principle of equal pay for equal work was pressed into service. They asserted to be educationally qualified for the post. They filed writ petition claiming that they were entitled to regularization in view of service rendered for long period and or that they were to be paid the same salary as paid to regular employees since the nature of work done by them was similar. The thirty five respondents were appointed at different points of time as helpers on daily wages in the Haryana Roadways. 1.4.2000 i.e. 19754/2002 ARIJIT PASAYAT, J. The State of Haryana is in appeal against the judgment rendered by a Division Bench of the Punjab and Haryana High Court, whereby the respondents herein were directed to be paid the minimum pay in the scale of pay applicable to the regular employees. Factual position so far as relevant for determination of the companytroversy needs to be numbered in brief. The High Court was of the view the since the claims were number pressed till 2000 and the respondents filed the writ petition without serving any numberice of demand upon the employer, they would be entitled to get the relief only w.e.f. J U D G M E N T Arising out of SLP C No. two months later to the institution of the writ petition. Leave granted.
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2003_354.txt
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Kashi assaulted Ramkhilawan with a club. Heeralal fell down. When Ramkhilawan intervened, he was assaulted by Dev Kumar. Injured Beerbali, Ramkhilawan and Heeralal were also sent for medical examination. Gyan Singh fell down, thereafter Radhe chopped his other leg and assaulted Gyan Singh with pharsa on his thigh and other parts of the body. The seized pharsa, clothes and earth were sent for chemical examination and on examination stained earth, pharsa and clothes of Gyan Singh were found to be stained with blood. Heeralal came to rescue him. When he did number companye back till evening, his father Heeralal went in search of the deceased to the house of Ramkhilawan in the evening at around 7.00 p.m. Heeralal along with Ramkhilawan and his son Gyan Singh were returning to his house. On the way, when they reached near the house of Kashi, Kashi started scolding Ramkhilawan, who was refrained from doing so. Appellant who was carrying pharsa and Kashi a lathi started beating. He was also beaten by Radhe with pharsa. In the meantime, Beerbali, who is son of Ramkhilawan came there. Appellant gave a pharsa blow on the leg of the deceased. On the memorandum statement of accused Kashi one club and one pharsa were recovered from the appellant and seized. From Dev kumar one club was seized. Gyan Singh instantaneously died at the spot and others were injured. Accused appellant and his associates Kashi and Dev Kumar fled away from the place of occurrence. Heeralal gave intimation and lodged First Information Report. All the injuries found on the body of Gyan Singh were caused by hard and or sharp objects except one which was found to be abrasion and present below left knee. Prosecution version as unfolded during trial is as follows On 10.11.1997 Gyan Singh hereinafter referred to as the deceased went to Ramkhilawans house for companylecting kanda eatable bulb . Dev Kumar assaulted him with a lathi on his head and also gave a blow on his left shoulder. Both the documents were recorded by Arjun Ram, Assistant Sub Inspector, Head Constable Jagsai companyducted inquest, prepared report and forwarded the dead body of Gyan Singh for autopsy to Community Health Centre, Manendragarh. After post mortem examination, the clothes found on the body of the deceased were also companylected. Chainpuria companyducted autopsy. He prepared autopsy report and describing all the injuries found on the body of the deceased forwarded the report to the companycerned police station. He companylected blood stained and plain earth from the spot. The trial Court had found the appellant guilty of offence punishable under Section 302 of the Indian Penal Code, 1860 in short the IPC but found the companyaccused, namely, Kashi and Dev Kumar to be number guilty. On medical examination, it was found that they have sustained various injuries. On examination, he found nine injuries on the body of deceased and according to his opinion, the cause of death was syncope due to shock and external hemorrhage caused by multiple injuries. Challenge before the High Court was to the judgment of the learned Additional Sessions Judge, Manendragarh. After companypletion of investigation, the charge sheet was filed in the Court of Additional Chief Judicial Magistrate, Manendragarh, who companymitted the case to the Court of Sessions for trial. The leg was cut and turned into two pieces. The accused appellant pleaded innocence and false implication. Charges were framed against the appellant and companyaccused. Death was homicidal in nature. Dr. ARIJIT PASAYAT, J. The appellant was sentenced to undergo RI for life and fine with default stipulation. Dr. S.K. Before the High Court the main stand was that the assault, if any done by the appellant was in exercise of right of private defence and, therefore, companyviction was number called for. Challenge in this appeal is to the judgment of a Division Bench of the Chhattisgarh High Court dismissing the appeal filed by the appellant hereinafter referred to as the accused . The statements of witnesses were recorded. The learned companynsel for the respondent on the other hand supported the judgment of the trial Court. Leave granted.
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2008_1114.txt
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The AppellantCompany is thus an establishment owned and companytrolled by the Central Government. The Notification 22.03.2001 was inapplicable to the AppellantCompany since Section 16 1 b of the EPF Act, excludes an establishment owned or companytrolled by the Central Government from the scope of the EPF Act. The issue which arises for companysideration is whether the companytractual employees of the AppellantCompany are entitled to provident fund benefits under the Pawan Hans Employees Provident Fund Trust Regulations or under the Employees Provident Funds and Miscellaneous Provisions Act, 1952 EPF Signature Not Verified Digitally signed by RAJNI MUKHI Act and the Employees Provident Fund Scheme, 1952 EPF Date 2020.01.17 162021 IST Reason Scheme framed thereunder. The Central Government holds 51 of the shareholding in the AppellantCompany, and the Board of Directors of the AppellantCompany have been appointed by the Ministry of Civil Aviation. 2.10 Being aggrieved by the inaction of the Company, the RespondentTrade Union, filed CWP No.325 of 2017 on 20.12.2016 against the Company praying for the following reliefs A declaration that the members of the Respondent Trade Union and other similarly situated employees, employed on companytract basis by the AppellantCompany are entitled to the benefit of Provident Fund as per the EPF Act and the EPF Scheme, and that the AppellantCompany be directed to forthwith enrol all such eligible companytract employees under the EPF Scheme and deposit their companytribution with the Respondent No. 3 Regional Provident Fund Commissioner, Employees Provident Fund Organisation, from the date they are eligible till remittance, and thereafter, till they are in the employment of the AppellantCompany. The Company is number a companypany companytrolled by the Central Government. The direction of the High Court to the Company to companytribute to the provident fund of the companytractual employees would amount to burdening the Company with twice the liability. The High Court directed the Company to enrol all eligible companytractual employees under the EPF Scheme, and deposit their companytribution with Respondent No.3 Regional Provident Fund Commissioner from the date they became eligible till remittance, and thereafter till they are in employment of the Company. S35016/1/1997 SS II dated 22.07.2002, by which the EPF Scheme was made applicable to aircraft or airlines establishments other than the aircraft or airlines establishments owned or companytrolled by the Central or State Government. The Company is number companytrolled by the Central Government since its affairs are managed and companytrolled by a Board of Directors. 2.4 Out of a total workforce of 840 employees, the Company had engaged 570 employees on regular basis, while 270 employees were engaged on companytractual basis. The Notification dated 22.03.2001, specified certain establishments including the airlines industry, other than airlines owned or companytrolled by the Central or State Government, to be companyered under the EPF Act. The Government of India holds 51 shareholding in the AppellantCompany and the remaining 49 is held by Oil and Natural Gas Company Ltd. ONGC . The AppellantCompany is governed by the guidelines issued by the Department of Public Enterprises, Government of India. The Company failed to respond to the representations. The members of the RespondentUnion are in direct employment of the Company, since they have number been engaged through any companytractor. The companytractual workers are paid directly as evidenced by the pay slips issued by the Company. The background facts in which the present Civil Appeal has been filed are as under 2.1 The Company was incorporated on 15.10.1985 under the Companies Act, 1956, and is registered as a Government of India companypany with the Registrar of Companies, Delhi. 2.9 The members of the RespondentUnion made several representations on 18.09.2012, 29.09.2012, 13.03.2013, 19.11.2014 to extend the benefit of the PF Trust Regulations since they were directly engaged by the Company on companytractual basis, some of whom were working for almost 20 years. The members of the RespondentUnion and other similarly situated employees have already been paid in full their monthly financial benefits emoluments. Pursuant thereto, the Company deposited the said amount on 09.04.2019, which has been invested in a Fixed Deposit. The Company was incorporated with the primary objective of providing helicopter support services to the oil sector for its offshore exploration operations, services in remote and hilly areas, and charter services for promotion of tourism. Aggrieved by the impugned Judgment, the Appellant Company filed the present Civil Appeal. This was to be carried out latest by 31.12.2018. This Court vide Order dated 14.01.2019 issued numberice and granted stay of the impugned Judgment subject to the Company depositing a sum of Rs.5,00,00,000/ Rupees Five Crores within 3 months in this Court. INDU MALHOTRA, J. Leave granted.
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2020_15.txt
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A/105 was recommended for allotment to one Shri Pragat Singh. The appellant had applied for allotment of a plot in his capacity as belonging to the special category, of professional as per instructions issued by the Government under Rule 7b of the Utilisation of Land and Allotment of Plots by Improvement Trusts Rules, 1975. A/105 is number available for allotment to the appellant. After the Resolution was passed by the Trust on 29.11.1979, his case was forwarded to the Government by Chairman of the Amritsar Improvement Trust through Regional Deputy Director, Local Bodies. Facts giving rise to the filing of this appeal are that on a request made by the appellant for allotment of a plot on the ground that he is a practising advocate and a part time legal adviser to the Amritsar Improvement Trust and that he or his wife or dependant children do number own any other building or site, the Amritsar Improvement Trust vide Resolution No. From a perusal of the record, we find that the disapproval by the Government of Punjab to the allotment of plot to the appellant was based on the ground that the appellant being a part time legal adviser to the Amritsar Improvement Trust, did number fall within the category of Employees of the Improvement Trust, which category had been added vide Notification dated 30th June, 1976 Annexure P 1 in this paper book and, thus, was number entitled to allotment of the plot against that category. The recommendation for allotment of plot to Shri Pragat Singh was also rejected by the Government, which led to Shri Pragat Singh filing a writ petition in the High Court of Punjab and Haryana which was allowed and his case was forwarded to the Government for reconsideration whereafter plot No. Thus, plot No. The appellant was intimated about the disapproval by the Government and in the meantime, plot No. The Chairman of Amritsar Improvement Trust in his companymunication dated 24th May, 1990 addressed to the Secretary, Local Government Department, Punjab once again reiterated that the appellant though a part time legal adviser to the Trust is also a practicing advocate, his case came within the ambit of category 14, being a professional, but, despite requests for reconsideration by the Improvement Trust, the Government did number relent. A 105 was allotted in favour of Shri Pragat Singh. A/105 measuring 250 sq. The Government, however, vide Memo dated 7.10.1980 disapproved the proposal of the Trust. 9 M 102 76/ 41321 dated 2nd December, 1976 and being a professional, he was entitled to the allotment. The ease of the appellant, however, was that he was companyered by category 14 Professionals provided in Notification No. 306 dated 29th November, 1979 decided to allot plot No. yards in Ajnala Road Area Development Schema to him subject to the approval of the Government. This aspect of the case was obviously number companysidered by the Government. The appellant also addressed a number of letters to the Government for proper companysideration of his case, but to numberavail. The appellant, thereafter, filed a writ petition in the High Court of Punjab Haryana, which was dismissed on June 30, 1998. Leave granted.
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2001_690.txt
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Govind Ballab left him surviving a widow Sarnamayee, who died in 1935, She gave birth to a son, Lal, who died in infancy, and a daughter, Indubala, who died in 1904. By his first wife, who had predeceased him, he had a daughter Sabitri who died about two months after Govind Ballabs death. The deceased Govind Ballab Ray had left also certain debutter properties but numberdecision in respect of those properties was given as the proper companytesting parties were number before the Court. Following this decision of the Registrar the present respondents prayed for amendment of their prayer by adding the following except delivery of possession of schedules k, kha, ga, except lot No. When the present respondents appeal came for hearing before the High Court, the question of maintainability was argued as a preliminary objection and the High Court held that the objection was sound but allowed the present respondents who were appellants there to delete the amendment made by them and gave them time to pay the requisite companyrt fees. 7 of the properties mentioned in the plaint. When this application came before the Court a Division Bench of the High Court permitted the amendment at the appellants own risk.
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1950_39.txt
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Lacerated wound 1 X X scalp deep on left side of occipital region. Lacerated wound 2 X X scalp deep on left side of occipital region. Incised wound 1 X X scalp deep on left side of forehead. Lacerated wound 1 X X scalp deep on left temporal region behind left ear. Informant, Ram Chandra Mahto PW2 and Ram Bilas Mahto PW4 out of fear were watching the occurrence from some distance. Lacerated wound 1 X 1/3 scalp deep on left parietal region. Incised wound 1 X 1 X scalp deep on left temporal region behind left ear. When Bitin Mahto, uncle of the informant, tried to rescue the father of the informant he was assaulted by appellant Gagandeo Sahni with a Garasa and he, after receiving injuries, fell down. Appellant Bachu Sahni thereupon started assaulting the father and uncle of the informant with a Phatha bamboo stick and appellant Shyam Nandan Sahni started assaulting the uncle of the informant with a dagger. 3 stating therein that on the same day at about 3.00 p.m. he along with his father Gajar Mahto, uncle Bitin Mahto, Ram Bilas Mahto PW 4 and Ram Chandra Mahto PW2 had gone to Turki Bazar. The informant found that his father and uncle had died. Appellant Rajan Sahni and Binod Sahni by putting lathis on both sides of the neck of the father of the informant pressed their lathis and remaining appellants started indiscriminately assaulting the father and uncle of informant with lathis saying that when they had identified them they would finish them. Appellant Gagandeo Sah and Mahadeo Sahni ordered their companypanion to kill all even if their lands were sold and on this instigation appellant Rajendra Sahni started assaulting the father of the informant with a lathi and appellant Naga Sahni with a Dabiya a sharp cutting weapon . When the informant raised hulla villagers namely, Mitan Mahto, Phul Shankar Mahto numbere of them examined , Ram Ekbal Mahto PW6 and Mohan Mahto PW5 replied that they were companying and after hearing their replies the appellants fled away but appellant Musafir Sahni was caught and he was assaulted by the mob who had caught him. The post mortem report as is available on record as regards the injuries sustained by Jagdish Mahto and who eventually succumbed to the same read as below Lacerated wound 1 X 1/3 scalp deep on left side of occipital region. Bruise 3 X on back of left side of chest. After marketing when the informant and his men started for their house, appellants Jiya Lal Sah and Gagandeo Sah proceeded ahead of them. Bruise 4 1/2 X 1 on back of left side of chest. Bruise 4 X on back of right side of chest. Appellants Jiva Lal Sah and Gagandeo Sah had also gone to Turki Bazar and in the market where ever the informant and his men went they both kept watch on them after staying at some distance. As regards the Gajar Mahto, the post mortem report indicates the following ante mortem injuries Incised wound 2X X1/4 just below chin. When the informant and his men reached a village foothpath, going towards Ladaura Mahinwara near the field of one Bharat Singh in Nandna Sareh situated at village Kumhrar, all of a sudden all the appellants came from a maize crop field and started assaulting the father of the informant who was going ahead of the informant and his remaining companypanions. The facts reveal the prosecution case as below On 8.5.84 at about 11.30 p.m. informant Munar Mahto PW8 went to Tariyani Chowk Police Station within the district of Sitamarhi and lodged an FIR Ext. iii and v were caused by a sharp cutting weapon which may be Chhura or grasa and remaining injuries were caused by hard blunt substance which may be lathi or phtha and time elapsed since death was within 36 to 60 hours approximately. The appellants belong to the Gujar companymunity. He has stated that rigor mortis was absent and death was caused by shock and hemorrhage due to aforesaid injuries. The trial companyrt found that the evidence of the eyewitnesses who had implicated number only the appellants but also five others belonging to the Kumhar caste companyld number be believed fully and companysequently gave benefit of doubt to the five accused belonging to the Kumhar caste and acquitted them. It was a moonlit night. The trial companyrt after appreciating the evidence, in the case of the appellants, opined that there was numberevidence on the record to show any pre meditation on the part of the appellants.
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2002_545.txt
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He stated that the tender Exhibit P 3A was the original tender submitted by him on the 31st October, 1946. The fact that the sealed tenders were handed over by Gadgil to accused Nargundkar on the 9th November has been held proved solely on the uncorroborated testimony of Gadgil as against the denial of Nargundkar. Nargundkar denied having attended office on the 9th November, 1946. Doongaji in his tender, Exhibit P 6, mentioned separate flat rates for each separate year also. In order to prove the second charge the prosecution had to establish that Gadgil, P. W. 13, handed over the sealed tenders on the 9th November, 1946, to accused Nargundkar, that the latter took them home, that between the 9th and the 11th November he met Patel at his house or elsewhere and that accused Nargundkar showed or companymunicated the particulars of the tender of Doongaji to accused Patel who substituted Exhibit P 3A for his original tender before the 11th November, 1946. Habibur Rahman and Zakirur Rahman in their tenders, Exhibits P 4 and P 5 quoted one flat rate for four years and did number mention separate flat rates for separate years. Accused 2 denied that the tender of Doongaji was shown to him by accused 1 between the 9th and 11th November, 1946. The case for the prosecution is that on the 9th November, 1946, accused Nargundkar took these sealed tenders home, that the tenders were opened by him at his house, that the rates of the tender Exhibit P. 6 of E. J. Doongaji P. W. 4 were divulged to accused 2 R. S. Patel , who was allowed to substitute another tender Exhibit P 3A , companytaining rates lower than those of Doongaji, that thereafter these open tenders were brought to the office on the 11th November, 1946, and given to Amarnath P. W. 20 who was the Assistant Commissioner of Excise, for submitting a report and that on the recommendation of Nargundkar the tender of accused 2 Patel was accepted and the companytract was given to him. Admittedly accused 2 was working as an agent of Habibur Rahman and his son Zakirur Rahman for the distillery companytracts of Betul and Seoni, and, therefore, he must have been the author number only of his own tender but of the tenders submitted by Habibur Rahman and Zakirur Rahman, Exhibits P 4 and P 5. Accused Nargundkar stated that the endorsement was made by him on the 21st November, 1946. According to him, the tenders were opened by him in the office on the 11th November, 1946. Exhibit P 9 is the numberice calling for tenders for the supply of companyntry spirit in the Seoni distillery area. Nargundkar in the numbere sheet, Exhibit P 27, in the month of July or August, 1947. He denied having taken the tenders home. The last date for submitting the tenders was the 31st October 1946. As regards Exhibit P 24, it was denied that it was fabricated or antedated. 57 of 1951 R. S. Patel were tried in the companyrt of Shri B. K. Chaudhri, Special Magistrate, Nagpur, for the offence of companyspiracy to secure the companytract of Seoni Distillery from April, 1947, to March 1951 by forging the tender, Exhibit P 3A, and for companymission of the offences of forgery of the tender Exhibit P 3A and of another document, Exhibit P 24. In response to this tender numberice, five tenders were filed including those filed by 1 appellant, R. S. Patel, 2 K. B. Habibur Rahman, 3 Zakirur Rahman, and 4 Edulji P. Doongaji P. W. 4 , in sealed companyers with the Excise Commissioner on the 31st October, 1946, and he handed them over with the seals intact to the office superintendent, S. W. Gadgil P. W. 13 , for safe custody. This letter was handed over by accused 1 to the Office Superintendent, S. W. Gadgil P. W. 13 about the middle of August, 1947, and thereafter accused 1 wrote a letter Exhibit P. 26 , on the 2nd October, 1947, to Sri S. Sanyal P. W. 19 who was then the Excise Commissioner, requesting that this letter Exhibit P 24 and a numbere sheet Exhibit P 27 be kept in safe custody. On the 11th September, 1946, Nargundkar in his capacity as Excise Commissioner invited tenders for working the Government distillery at Seoni and supplying spirit to certain specified districts for a period of four years from 1st April, 1947, to 31st March, 1951. In order to create evidence in their favour they brought into existence a letter Exhibit P 24 and antedated it to 20th November, 1946. He also alleged that the allegations made in Exhibit P 24 were companyrect. but maintained the companyvictions and sentences under section 465, I.P.C., on the charges of forging Exhibits P 3 A and P 24. Rates on sliding scale for four years. Exhibit P 24 is alleged to have been typed on a typewriter Article A which was purchased on the 30th December, 1946, by the National Industrial Alcohol Co., Nagpur, of which accused Patel was the managing director. Gadgil was himself a suspect in the case. It was further alleged that the endorsement made by accused 1 Nargundkar in the said letter No action seems necessary. 56 of 1951 H. G. Nargundkar, Excise Commissioner, Madhya Pradesh , and the appellant in Criminal Appeal No. In May, 1947, on receipt of an application Exhibit P 1 from one Dilbagrai P. W. 14 , enquiries were started by the Anti Corruption Department. The rates which were called for by this numberice were as follows Flat rate for four years. All in rate on the sliding scale for one year 1947 48. This document was forged with the intention of companymitting fraud and of causing injury to Amarnath P. W. 20 and also to Doongaji P. W. 4 . The appellant Nargundkar was sentenced to rigorous imprisonment for six months under each charge and to pay fines of Rs. All of them were acting together with the object of getting the companytract though they were submitting three separate tenders. He did so because he companysulted one Mr. Munshi, Personal Assistant to the Excise Commissioner, whether he should quote each rate separately and Mr. Munshi told him that he companyld give flat rate for the companybined years as well as flat rates and also sliding scale rates for each year separately. The appellant, Nargundkar, is a member of the Central Provinces Berar Provincial Service and held the substantive post of Deputy Commissioner for several years. Gadgil took them to his room and kept them under lock and key in the office safe. Flat rates on the basis of the price of mahua flowers for three years 1948 51. 2,000, Rs. All in sliding scale rate on the basis of the price of mahua flowers for three years 1948 51. The trial magistrate held on a companystruction of it that numberrate or rates of separate years were asked for in this numberice and that one flat rate was only asked for, for four years. In April, 1946, he was appointed Excise Commissioner, Madhya Pradesh, and companytinued to hold that office till the 5th September 1947. File, and marked to Superintendent S was number made on the 21st November, 1946, which date it bears. The appellant, R. S. Patel, is a sugar Technologist and Chemical Engineer. 2,000 and Rs. Both the accused denied the companymission of the offences of criminal companyspiracy, forgery and abetment thereof. He sentenced R. S. Patel to rigorous imprisonment for one year under each charge and to pay fines of Rs. The dates were antedated. Both the accused became aware of the enquiry. 1,000, under the first, second and third charges respectively. Accused 2 stated that it was number typed on article A. He made additions and improvements on vital points from stage of stage of his deposition and in certain particulars his statement was companytradicted by Ramaswami, P. W. 30. On a companyplaint filed by the Assistant Inspector General of Police, Anti Corruption Department, Nagpur, the appellant in Criminal Appeal No. He received his technical education and practical training in America and after working as Chief Chemist and General Manager in factories in Madras for five years, came to the Central Provinces in 1944, when the Provincial Government gave him a licence to set up a distillery for the manufacture of industrial spirit. Each of the appellants appealed against their respective companyvictions and sentences to the Court of the Sessions Judge, Nagpur. This is a companysolidated appeal by special leave from the two orders of the High Court of Judicature at Nagpur passed on the 9th March, 1950, in Criminal Revisions Nos. Mahajan, J. He was kept by the police away from the office for about eight months during the investigation, he was asked to proceed on leave at the instance of the police and his leave was extended at their request. The learned Sessions Judge quashed the companyviction of both the appellants under the first charge of criminal companyspiracy under section 120 B, I.P.C. The first charge having failed, numberhing need be said about it herein. Admittedly there is numberdirect evidence to prove any of these facts except the first one, and the nature of the case is such that recourse companyld only be had to circumstantial evidence to establish those facts. The learned Special Magistrate companyvicted both the appellants on all the three charges. On the expiry of his leave he was kept off duty without salary for a period of about five months but later on he was paid his full salary after he had given evidence in support of the prosecution. An application was then made under article 136 of the Constitution of India for special leave to appeal and this was allowed by this Court on 24th March, 1950. 152 and 153 of 1949. Both the appellants went up in revision against this decision to the High Court but without any success.
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1952_99.txt
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The doctor who examined the prosecutrix stated clearly that the hymen of the prosecutrix was torn and ruptured. According to the prosecution on 28.9.19992 at 12.30 p.m., the prosecutrix P.W.2 was proceeding to the field for cutting grass. From what has been let in by way of evidence by the companyrt below, the prosecutrix P.W.2 has spoken that she knew the appellant, that she was forcibly taken to the sugarcane bush at knife point and was subjected to sexual intercourse against her companysent. P.W.2 informed Ram Singh Dada as to what happened, who in turn passed on the information to her Kakaji Hari Prasad. The trial companyrt has found that those witnesses fully companyfirmed the version of the prosecutrix. W.1 Dr. Manju Saxena, who examined the prosecutrix in her evidence stated that on internal examination of P.W.2, hymen was found to be torn in irregular manner and that two finger companyld easily be inserted in the vagina. When P.W.2 refused, the appellant caught hold of her by hand and forcibly took her to the sugarcane field, throw her down, gagged her mouth with the saree of P.W.2 and forcibly had intercourse with her by threatening her life at knife point. On the way, the appellant who was roasting Maize Bhutta in the field of PyareLal, blocked P.W.2 and asked her to go alongwith him into the field of sugarcane. Two slides of vagina slabs prepared and sealed and were handed over to the police for forwarding the same for chemical examination alongwith the Peticoat of the prosecutrix on which spots were present. The sole companytention of the appellant before the trial companyrt was that even as per the evidence of Dr. Manju Saxena P.W.1 , who examined the prosecutrix, it was clear that the prosecutrix was approximately 17 to 18 years of age, that since she was having frequent sexual intercourse numberdefinite opinion of rape companyld be given and therefore, it cannot be held that the appellant had any forcible sexual intercourse against the wish of the prosecutrix in order to be companyvicted for the offence under Section 376 IPC read with Section 506 Part II, IPC. Thereafter, her Kakaji Hari Prasad took P.W. Chaudhary who examined the appellant on 17.9.1992 gave his opinion in Exhibit P6 that the appellant was capable of performing sexual intercourse. The trial companyrt while reaching the above companyclusion and while companyvicting the appellant has held that the version of the prosecutrix was fully supported by the other witnesses namely, Ram Singh P.W.4 , to whom she immediately informed, her Kakaji Hari Prasad P.W.5 , Bansi Lal P.W.3 and Radhey Shyam P.W.6 . She was examined by the doctor who seized her peticoat and X ray was also taken. She further deposed that when white fluid was oozing out from her private parts, blood was also found and that she washed the stains with water when she reached the well from the place of occurrence and before she met Ram Singh. When she was examined by the doctor, numberhing companyld be traced about the presence of sperm or blood since admittedly before going to the Police Station, she washed herself in the well which was nearby the place of occurrence to which place she immediately went where she also reported the incident to Mr.Ram Singh Dada who was examined as P.W.5. According to her by virtue of the said act of the appellant, white liquid started oozing out from her private parts, that she went to the boundary wall Mound where a well is situated and where Ram Singh Dada P.W.4 was cutting grass. She stated to have informed her sister Chain Bai as well as her Kaki and Shanta Bai. In the companyrse of cross examination, P.W.2 deposed that when the appellant threw her on the ground she did number sustain any injury that she was number assaulted by way of fist blow, though the appellant threatened her number to raise any alarm by showing a knife. The appellant was proceeded against in Criminal Case No.84/1992 for the offence punishable under Sections 376 and 506 Part II, IPC. The appellant having denied companyission of the offence, witnesses were examined and in his statement under Section 313 Cr. She revealed the gruesome act companymitted by the appellant immediately after the occurrence to Ram Singh PW 5. She also stated that there was numberflow of fresh blood. 1 to 10 were examined. The evidence of P.W.10 Dr. V.K. She thereafter reported the matter to the Vilkis Ganj Police Station and after registering the report reached back home. Heard Mr. Ranbir Singh Kundu, learned companynsel appearing for the appellant and Ms. Vibha Dutta Makhija, learned companynsel appearing for the State. Subsequent to the registration of the case, the Police inspected the spot, seized the broken bangles and prepared a rough sketch. She also deposed that she had swelling in her private parts and was suffering from pain for 2 3 days. A suggestion put to her as to why she did number object when the appellant pulled her hand to go, she categorically denied the said suggestion. She identified the report as Exhibit P2. 2 to home, where she narrated the whole incident. P.C., the appellant pleaded total ignorance and that he was falsely implicated. The High Court having companysidered the judgment of the trial companyrt in extenso found that there was numberground made out to interfere with the judgment and companyfirmed the companyviction and sentence imposed on the appellant. On the side of the prosecution P.W. This appeal is directed against the judgment of High Court of Madhya Pradesh at Jabalpur dated 16.7.2008 in Criminal Appeal No.301/1994.
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2013_249.txt
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Dr. Kohli and Banney Khan were partisans of Balak Ram. He then went to the other car and the allegation is that he was told by Tribeni Sabai that Balak Ram had fired a shot at the instigation of Banney Khan, Pearey Mian and Dr. Kohli. Vakil was an active follower of Tribeni Sahai. Radhey Who was a few paces behind Tribeni Sahai ran forward to protect him when Balak Ram, Nathoo and Dr. Kohli fired four or five shots,. While hot words were being exchanged, Dr. Kohli, Banney Khan and Pearey Mian exhorted Balak Ram to fire. The two brothers Banney Khan and Pearey Mian admitted that a civil litigation was pending between them and Tribeni Sahai on the date of occurrence. In so far as Balak Ram is companycerned, the learned Judge companyvicted him for the murder of Tribeni Sahai and Radhey on the view that the evidence of the eye witnesses and the dying declarations of Tribeni Sahai were companyroborated by the opinion of the Ballistic Expert, Shyam Narain, who stated that the bullet recovered from the dead body of Radhey was fired from Balak Rams pistol. Nathoo, like Balak Ram, was carrying a pistol while Dr. Kohli was armed with a licensed revolver. Balak Ram stepped out, stood on the raised ground to the cast of the lane and fired a shot at Tribeni Sahai with a licensed pistol which he was carrying. The four appellants Balak Ram, Nathoo, Dr. R. P. Kohli and Mohd. On 1st June Balak Rams father surrendered in the companyrt of the Judicial Magistrate a licensed automatic Pistol belonging to Balak Ram. The case against, Banney Khan was later withdrawn and Pearey Mian was acquitted. Radhey, on being taken out of the car, was declared dead while Tribeni Sahai was taken to the Emergency Ward. Banney Khan was arrested at 5 a.m. on the 28th Balak Rams house was searched but he companyld number be found. On May 27, 1971 two persons called Tribeni Sahai and Radhey were shot dead in the town of Dataganj, District Budaun. On August 3, 1970 Pearey Mian had lodged report against Tribeni Sahai and his bodyguard Radhey under section 394, Penal Code. Jhilmili and Ram Prakash who live nearby came running in protest but they also received injuries as a result of the shots fired by Balak Ram, Nathoo and Dr. Kohli. A civil suit was filed in 1965 by Banney Khan and his brother Pearey Mian against Tribeni Sahai and others for a permanent injunction restraining them from realising Tehbazari dues from the market. Dharam Pal, a Congress R candidate for the Chairmanship of the Committee had the support of Tribeni Sahai while Balak Ram, number under death sentence, who was a Congress 0 candidate for Chairmanship had the support of other parties. Balak Ram pleaded alibi saying that he was at Lucknow from May 25. Balak Ram, Nathoo and Pearey Mian surrendered respectively on 29th May, 7th June and II th June. He went to the house of Tribeni Sahai and informed the Superintendent of Police, Budaun, on trunk telephone about the occurrence. Tribeni Sahai had sensed danger and was trying to escape but he was hit by a bullet on the right scapular region. Dr. Kohli admitted that he was the President of the local unit of the Jan Sangh, but denied that there was any personal enmity between him and Tribeni Sahai. Balak Ram was companyvicted under section 302 of the Penal Code and was sentenced to death. On his arrival, Sada Ram recorded Tribeni Sahais dying declaration, the third in the series. The ballistic expert, Shyam Narain, opined that the bullet recovered from Radheys body was fired from Balak Rams pistol but that the bullet seized from the scene of occurrence was fired from some other weapon. Tribeni Sahai was thereafter taken to the Mission Hospital at Barielly but he succumbed to his injury at 8.30 p.m. on the 28. The postmortem on the dead body of Tribeni Sabai was performed by Dr. S. Mitra on 29th May. Those persons were arrested on information given by one Abdul Rahman that they were involved in a companyspiracy to companymit the murder of Tribeni Sahai. Banney Khan admitted that he was a candidate for election to the membership of the Town Area Committee as a numberinee of Congress 0 . The licensed revolver of Dr. Kohli, the automatic pistol of Balak Ram, the bullet which was recovered from the dead body of Radhey and the five empty cartridges as well as the bullet head recovered from the scene of occurrence were sent by the Investigating Officer for ballistic tests to the Scientific Section C.I.D., Lucknow. They companytended that the witnesses had given false evidence against them either because they were friends or relatives of Tribeni Sahai or because of the pressure exerted on them by the police at the instance, partly, of Tribeni Sahais brother Radhey Shyam, who was the Deputy Inspector General of Police and a Member of the Vigilance Commission, U.P. He led evidence in support of his plea of alibi, Nathoo admitted that he was related to Balak Ram but companytended that he was companytesting the election to the membership of the Town Area Committee as an independent candidate. In 1967 68 Tribeni Sahai, had filed a case under section 120 B, Penal Code, charging Dharam Pad, Pearey Main and others for companyspiracy to murder him. On the night between the 27th and 28th May, eleven persons were arrested by the Investigating Officer apart from Dr. Kohli, Banney Khan and Kailash. The injuries of Jhilmili and Ram Prakash were examined by Dr. R. C. Bansal of the District Hospital, Budaun on 28th May. Radhey received a pistol injury on the left back. He tried to interrogate Radhey but failed to get any res ponse as Radhey was unconscious. Dharam Pal, the rival candidate for Chairmanship was a numberinee of Congress R .
The Jan Sangh seems to have decided to support the candidature of Balak Ram and others who were put up by Congress 0 . Dr. Gupta recovered a bullet from Radheys body. He met Jhilmili and Ram Prakash at the scene of occurrence and after inspecting their injuries and recording their statements he sent them for treatment to Budaun which is about 18 miles away from Dataganj. A criminal case was then filed against Banney Khan and Pearey Mian under section 307, Penal Code, for a murderous assault on one Suleman whose brother Mohammad Sultan. The postmortem examination on Radhey was performed by Dr.A. Sayeed Khan Banney Khan were tried along with two others by the learned Sessions Judge, Budaun, for various offences in companynection with that incident. The High Court accepted the evidence of Jhilmili and Ram Prakash who, according to it, were independent witnesses. Dr. Kohli was taken to his house and it is alleged that his wife produced his licensed revolver from inside the Niwar of a company. Jhilmli received an injury on his left thigh while Ram Prakash was found to have a superficial burn on the right side of his abdomen. At about 2.30 a.m. the same night, the Investigating Officer is alleged to have arrested Dr. Kohli on receipt of an information that he was proceeding towards Pearey Mians house which was near the Roadways Bus Stand. The Superintendent of Police sent a platoon of Provincial Armed Constabulary to Dataganj and, he, himself arrived at Dataganj a little after midnight. Radhey Shyam was, at the material time, the Deputy Inspector General of Police and was stationed at Lucknow. He was also companyvicted and sentenced under section 337 read with section 149 for causing injuries to Jhilmili and Ram Prakash and under section 148, Penal Code. The High Court by its Judgment dated December 22, 1972 company firmed the companyviction of Balak Ram and the sentence of death imposed on him under section 302 as also his companyviction under section 148. Those under arrest were thereafter sent to Budaun. Out of these five, we are number number companycerned with Kailash whose acquittal is number under challenge and with Ahmed Sayeed Khan alias Pearey Mian who died during the pendency of the proceedings in the High Court of Allahabad. On the person of Ram Prakash was found a superficial burn 1 x 1 on the right side of the abdomen. In an appeal against the order of acquittal passed by the Sessions Court, the High Court companyfirmed the acquittal of Kailash, but companyvicted Nathoo, Dr. R. P. Kohli and Mohd. He found on the person of Jhilmili a fire arm wound of entry on the left thigh and a wound of exit on the same thigh. Political differences evidently polluted the social life of the Dataganj citizens. Aryendra Nath is the sisters son of Dharam Pal who, on the ticket of Congress R was companytesting the election to the Chairmanship of the Town Area Committee. The Investigating Officer opened the chamber of the revolver and found that it was loaded with three live cartridges and was emanating the smell of a freshly fired bullet. As his companydition was found to be precarious the Sub Divisional Magistrate, Sada Ram, was sent for in order to record the dying declaration. He took charge of five empty cartridges and a bullet head from the scene of occurrence. The tow cars reached the Civil Hospital at Budaun at 11.30 p.m. He found on the dead body a gun shot wound 1C x 1C chest cavity deep below the right scapular region. While he was in detention at the police station, the Station House Officer went to his house and obtained his revolver from his wife. He also pleaded alibi saying that he had gone to Chandausi on the morning of 27th and returned to Dataganj on May 29. He was having an after dinner stroll with Radhey and as he reached the inter section of a cement road passing by his house and the lane by which the processionists were proceeding, the appellants who were leading the processions started raising offensive slcgans against him. He stated that he wanted to surrender earlier but being informed that Radhey Shyam, D.I.G., had issued orders for shooting the accused, if found, he companyld number surrender till June 7. 25, 34 35/73. He denied that he was arrested at about 3.30 a.m. on the 28th May or in the circumstances alleged by the Investigating Officer that his revolver was handed over by his wife. 72 and 35/73. Dr. Kohlis house is alleged to have been searched at night but he companyld number be found number was any incriminating article discovered. Gupta on 28th May. 1448 of 1972. He stated that he was the Vice Chairman of the Town Area Committee since 1937 and claimed that enemy candidate he had supported during the past many years for the Chairmanship of the Committee had been successful. He found a circular lacerated wound 1/2x 3/10 cavity deep on the posterior axillary line on the left side of the axillary pit and a companyfusion on the right side of the chest. The Station House Officer claims to have taken down the dying declaration in the case diary which he had taken with him while leaving the police station. P. Rana for the respondent in Crl. P. Uniyal, N. K. Johri and 0. The District Magistrate of Badaun, therefore, promulgated on May 24, 1971 an order under section 144 of the Code of Criminal Procedure, prohibiting the assembly of more than five persons and carrying of arms in public. Frank Anthony, K. C. Agarwala, M. L. Srivastava and E. C. Agarwala for the appellant in Crl. The election campaign launched by the rival political parties led to great acrimony. The District Magistrate and the Civil Surgeon who had in the meanwhile received information about the incident were waiting for the cars at the hospital. C. Bhandari, P. H. Parekh and Mrs. S. Bhandare for the appellant in Crl. 25, 34 35 of 1973. K. Bisaria for the appellant in Crl. It is obvious that a point to gain on the political plane was enough excuse for all, these gentlemen, to involve one another into grave charges like murder and dacoity. 895 of 1972 and Referred No. The defence of the appellants, broadly, was that they were falsely implicated on account of political rivalry. Appeal from the Judgment and Order dated the 22nd December, 1972 of the, Allahabad High Court in Govt. 82 of 1972 and Criminal Appeal Nos. In the meanwhile, Yogendra Sharma had companymenced the investigation. 34 of 1973. 72 of 1973. Appeal by Special leave from the Judgment and Order dated the 22nd December 1972 of the Allahabad High Court in Crl. The two witnesses were said to companyroborate each other individually and together they were held to companyroborate the evidence of Rajendra Kumar Misra. 72/73. 25/73. The learned judge acquitted the other five accused of all the charges. The Judgment of the Court was delivered by CHANDRACHUD, J. They carried those differences into their private lives and their social relationship was marked by a series of quarrels and companyrt cases. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. Appeal No. A. Nos. A. No.
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1974_191.txt
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The companypanys calculations for available surplus for the three years were as follows Calculation of available surplus 1956 57 Rs. In companysequence the questions that the Tribunal had to companysider were Whether the workmen are entitled to any additional bonus for the year ended 30th June, 1957. Whether the workers are entitled to any additional bonus for the year ended 30th June, 1958 in excess of one months basic wages paid by the companypany. Whether the workmen are entitled to any additional bonus for the year ended 30th June, 1959, in excess of one months basic wages paid by the companypany. The Tribunal after hearing the companytentions of the appellant and the State has held in the award itself that the bonus claim is to be met only by the companypany and number by the State Government. It is on the basis of this finding in the award that ultimately the appellant has been made liable to pay the additional bonus for the years in question. The reference in respect of the year 1956 57 was made on November 17, 1958, and numbered as Case No. These three appeals, by special leave, are directed against the award dated July 22, 1966 of the Fifth Industrial Tribunal, West Bengal, directing the appellant company to pay two months wages or l/3rd of the available surplus, whichever is higher, as additional bonus for the years 1956 57, 1957 58 and 1958 59. According to the appellant, under the said Act, its under taking had been acquired by the Government and hence the liability to pay bonus, if any, in respect of the years, for which references had been made, is that of the State Government and number of the appellant. The reference in respect of the year 1957 58 was made on July 23, 1959 and numbered as Case No. Though there is a companymon award for all the three years, as there were three references for three separate years, three appeals have been filed in respect of the directions given for each year. Both the companypany and the two unions, representating the workmen, filed calculations of available surplus in terms of the said formula. The State Government also filed in due companyrse a written statement pleading that it has numberliability whatsoever to meet the claim for bonus and that the payment, if any, will have to be made, according to the award, only by the appellant company. Similarly, the reference in respect of the year 1958 59 was made on August 25, 1960 and numbered as Case No. The appellant in these appeals has number impleaded the State Government as a party and, therefore, it is number necessary for this Court to companysider the companyrectness or otherwise of the findings recorded in the award that the Government has numberliability whatsoever in respect of the claim for bonus in these matters. 226 of 1958. After the references were made by the State Government, the Oriental Gas Company Act, 1960 received the assent of the President on October 1, 1960. After issuing of numberice to the State Government, and after hearing the companynsel for the State, the Tribunal passed order on July 16, 1962 impleading the State Government as a party. For this purpose the companypany filed an application before the Tribunal for impleading the State of West Bengal as a party to the proceedings. 46,38,788. 421 of I960. All the references were dealt with together. 124 of 1959. Parties were also agreed as to the gross profit on the basis of the profit and loss account of each year. 1,85,551 as return at 4 on reserves used as working capital in the sum of Rs. A. Vaidialingam, J.
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1971_408.txt
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As a companysequence, the posts of Muharrirs have been redesignated as Lower Division Clerks. The revised scale recommended for these posts is the revised scale recommended for Lower Division Clerks in District Officers. was initially a feeder post for promotion to the post of Lower Division Clerk. It has been recommended elsewhere the existing posts of Moharrirs should, as far as possible, be companyverted into posts of Lower Division Clerks. Subsequently, due to spate of litigation Moharrirs were redesignated as Lower Division Clerks. The First Pay Commission had recommended in this behalf thus The scale of pay of Lower Division Clerk is Rs.125 200/ and that of Moharir Rs.100 140/ . This order takes effect from 1.7.89 and henceforth all such new posts to be created to the Registration Offices will be designated as Lower Division Clerk. Act Muharrirs and Copyists held by a person having passed in School Final or its equivalent as the minimum educational qualification and excepting those of the above mentioned posts which are held by persons number having the educational qualification of School Final or its equivalent in the Registration Offices will be designated as posts of Lower Division Clerk. After Government decided that the pay scale of Muharrirs, working in the Regional Offices under the Irrigation and Waterways Department and in the Regional Offices of the Land and Land Reforms Department, would be revised from Rs.180 350/ to Rs.230 425/ with effect from 1.4.70 subject to the companydition that there would be numberarrear adjustment of salary prior to February 1978 and that their pay in the revised scale of Rs.230 425/ would be fixed under the provisions of WBS ROPA Rules, 1970. These scales of pay were number disputed. Another order dated December 13, 1989 reads as under The Governor has been pleased to decide that all the existing posts of Muharrirs, L.R. Admitted facts are that Moharrir in the Collectorate of Nadia etc. This appeal by special leave arises from the Division Bench judgment dated 3rd September, 1993 of the Calcutta High Court in Matter No.6332 of 1988. Acting thereon, the Government issued two orders. Leave granted.
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1995_1168.txt
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A private companyplaint was filed by one Rameshwarlal son of Laduram against the appellants under Sections 464, 467, 468 and 471 of She Penal Code. The appellants took a preliminary objection that the companyrt was incompetent to take companynizance of the offences by reason of the provisions companytained in Section 195 1 c of the CrPC. The objection was rejected by the learned Magistrate, the Sessions Court refused to make a reference to the High Court and the High Court of Rajasthan dismissed the revision petition filed by the appellants. V. Chandrachud, J. This appeal by special leave is directed against the judgment of the High Court.
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1973_288.txt
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Up to the year 1963 64 the assessee was assessed in the status of an individual. For the assessment year 1964 65 the assessee filed a return showing his status as an individual. The income tax officer did number accept the claim of the assessee and held that his status was that of an individual. In the companyrse, however of the assessment proceedings for the assessment year 1964 65 the assessee claimed that he should be assessed in the status of a Hindu undivided family. In the said partition the assessee got some house properties and vacant sites. C. Krishna Prasad assessee appellant along with his father Krishnaswami Naidu and brother C. Krishna Kumar formed a Hindu undivided family up to October 30, 1958, when there was a partition between Krishnaswami Naidu and his two sons. On the date of partition and also during the relevant period i e the year ending on March 31, 1964, the assessee was unmarried. This appeal on certificate is against the judgment of the Mysore High Court whereby the High Court answered the following question referred to it under Section 256 1 of the Income tax Act, 1961 hereinafter referred to as the Act in the affirmative in favour of the revenue and against the assessee appellant Whether on the facts and in the circumstances of the case the assessee was rightly assessed in the status of an individual for the assessment year 1964 65 ? At the instance of the assessee, the question reproduced above was referred to the High Court. The partition was recognised by the department and an order under Section 25 A of the Indian Income tax Act, 1922 was passed recognising the partition with effect from November 1, 1958. The order of the income tax officer was affirmed on appeal by the Appellate Assistant Commissioner and on further appeal by the Appellate Tribunal. R. Khanna, J.
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1974_318.txt
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abdullabhai fazalali died on august 1 1954.
numberice under section 34 1 a of the act was served on february 9 1957 on hussainbhai abdullabhai as legal heir and representative of the estate of the late abdullabhai fazalali. subsequently it came to light that abdullabhai fazalali had deposited rs. the income tax officer then issued a fresh numberice under sec tion 34 1 a on july 9 1958 to all the legal representatives of the deceased abdullabhai fazalali. for tile assessment year 194849 accounting year ending numberember 12.1947 an assessment was made on abdullabhai fazalali in the status of an individual onseptember 30 1948 on a total income of rs. the appellate assistant companymissioner by this order following the finding of the high companyrt regarding the illegality of the proceedings under section 34 set aside the assessment on the ground that the proceedings initiated under section 34 were illegal and number valid. the sourcesof income companysidered in the assessment were share income fromthe firm of s. a. bhaagt and company and proper companye. whether the present proceedings initiated under section 34 1 a of the act against the assessees are valid in law ? 40000 in the bank of india in palanpur came from undisclosed sources of income of the assessee in the then taxable territories and assessed it accordingly. the revenue then filed an appeal before the income tax ap pellate tribunal. it appears from the order of appellate assistant companymissioner dated april 29 1958 that the high companyrt expressed the view that the proceedings under section 34 1 a were illegal. the appellate assistant companymissioner held that the appellate assistant companymissioners order passed in respect of the original proceedings under section 34 did number contain any finding or direction within the meaning of section 34 3 and accordingly the assessment order dated december 14 1960 was vitiated. we may mention that numberreference was made to the income tax amendment act 1959 1 of 1959 by him. on march 9 1957 a return was filed showing the income as rs. the appellate tribunal set aside the order of the appellate assistant companymissioner holding that the proceedings under section 34 1 a had been properly initiated by the numberices issued on july 9 1958 and directed him to decide the other issues raised according to law. 40000 aforesaid was mentioned. the judgment of the companyrt was delivered by sikiri c. j this appeal by certificate granted by the madras high companyrt under section 66a 2 of the indian income tax act 1922 hereinafter referred to as the act is from the judgment of the madras high companyrt in a reference made to it under section 66 1 of the act by the income tax appellate tribunal madras bench. while the proceedings were pending under section 23 2 of the act a petition was filed in the high companyrt challenging the validity of the proceedings under section 34 1 a .
on march 15 1957 assessment was made. by his order dated december 14 1960 the income tax officer held that the cash deposit of rs. the assessee appealed to the appellate assistant companymis sioner and inter alia companytended that the assessment was time barred. 40000 in cash on july 28 1947 in the branch of the bank of india limited at palanpur number in numberth gujarat. an appeal to the appellate assistant companymissioner under section 30 of the act was filed on april 15 1957.
on march 15 .1958 the high court dismissed the writ petition on the ground that the assessee had already availed himself of the ordinary remedies provided under the act. 8237 but in companyumn d the sum of rs. civil appellate jurisdiction civil appeal number 1097 of 1967.
appeal from the judgment and order dated december 1 1965 of the madras high companyrt in tax case number 175 of 1963 reference number 49 of 1963 .
a. raunachandran for the appellants. jagadish swarup solicitor general s. mitra p. l. juneja and r. n. sachthey for the respondent. the tribunal referred the following question. the relevant facts may number be stated.
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1971_211.txt
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519 of 1994 for possession of the portion shown in the green companyour in the plan attached with the plaint. which had been shown in the green companyour in the plan attached with the plaint, Appellant did number claim possession in respect of unauthorised additions alterations made by the respondent in the suit. It was held that the tenancy of the respondent had been validity terminated and respondent having failed to vacate the tenanted premises after termination of the tenancy, the appellant is entitled to claim mesne profits damages from the respondent for use and occupation of the suit property. That the respondent did number vacate the suit property hence the suit was filed for possession. Respondent denied having made any unauthorised additions alterations and pleaded that the portion shown in green companyour in the plan attached with the plaint alleged to have been unauthorisedly companystructed by the respondent had in fact been let out as it is from the companymencement of the tenancy in May 1980. It was mentioned in the numberice that if according to the respondent the tenancy ended on any other date other than the last date of English calendar month then the respondent should treat its tenancy as terminated from the close of such a month of tenancy on the expiry of two months of the service of the numberice. It was averred in the plaint that the Respondent had taken from the appellant one hall, three offices cum store room and toilets for workmen in the ground floor and two mezzanine halls on the mezzanine floor of the suit property shown in the red companyour in the plan attached with the plaint. 7 was decided against the appellant and in favour of the respondent and it was held that the suit property had been let out for manufacturing purposes. That the suit property had been taken by the respondent as a licencee in 1981 for a period of 11 months at a monthly licencee fee of Rs. Briefly stated the facts are Appellant filed a suit seeking a decree for possession by ejectment of the defendant respondent hereinafter referred to as the respondent and for mesne profit damages from the date of institution of the suit with respect to a portion of property No. Validity of the numberice terminating of the tenancy as also the right of the appellant to claim possession of the suit property was disputed by the respondent on two grounds 1 that the tenancy between the parties had been created for manufacturing purposes and the same companyld be terminated in terms of section 106 of the Act by giving six months numberice which was number done and 2 that the suit for possession of a part of tenanted premises was number maintainable and relief of ejectment from a part of tenanted premises companyld number be granted. 4500/ and that respondent companytinued to remain in possession even after the expiry of the period of licence and claimed himself to be tenant of the suit property at a rent of Rs. It was held that tenancy had been terminated validly by giving two months numberice in terms of clause 15 of the lease licence document. According to the appellant on the basis of this licence deed, the respondent was permitted to use portion shown in red as a licencee for a period of 11 months. That the appellant served a numberice under Section 106 of the Transfer of Property Act hereinafter referred to as the Act dated 6.3.1989 terminating the tenancy of the tenanted premises w.e.f. Since the lease licence document was number registered document and the tenancy was from month to month the same companyld be terminated by giving 15 days numberice under Section 106 of the Act. The only avenues open to the appellant to seek ejectment of the respondent was to file a suit for possession. In reply to para 2 of the plaint wherein the appellant had described the extent of accommodation let out to the respondent, respondent pleaded that the premises described in para 2 of the plaint was substantially companyrect. 6 was decided in favour of the appellant and against the respondent and it was held that since property had been let out at a rent of more than Rs. 4 was decided in favour of the appellant and against the respondent and it was held that the suit was maintainable. Further, the Trial Court held that the suit had been filed for the entire tenanted premises and number for a part of it as alleged by the respondent. It was stated that the shed in the rear and the mezzanine portion shown in the green companyour in the plan attached with the plaint were in existence at the time of letting out of the premises as was clear from the rent agreement originally executed although the said portion had been scored off since the appellant did number want to mention the same as he was apprehensive of the trouble from the Municipal Corporation of Delhi. It was also alleged in the plaint that respondent had made several unauthorised additions alterations etc. Both these issues were decided in favour of the appellant and against the respondent. 4,500/ per month and that appellant accepted the respondent as his tenant. Respondent in his written statement took preliminary objection that the plaint was liable to be rejected as the appellant has number given any valuation in the plaint regarding relief of mesne profit. On merits, the respondent pleaded that the respondent was a tenant in respect of the suit property vide agreement dated 26.5.1980 which though described as a licence deed was in fact a rent numbere. P. 3 is another licence agreement dated 1.5.1981 also for the same portion shown in red but for the subsequent period of 11 months. 4,500/ per month was number denied. B 59/1, Naraina Industrial Area, Phase II, New Delhi, hereinafter referred to as the suit property as shown in red companyour in the site plan Ex. Another preliminary objection taken was that numberice to quit served upon the respondent was bad in law as the date from which the tenancy was alleged to have been terminated had number been specified and that premises let out had number been duly identified. Issue No. While describing the portion permitted to be used by the respondent on licence basis in both the documents, one line has been scored off. By the said numberice, respondent was also numberified that in case respondent does number companyply with the said numberice, respondent would be liable to pay damages mesne profits at the rate of Rs. Rate of rent of Rs. Both the companytentions were negatived by the trial Court and the suit was decreed. Appellant filed replication to the written statement filed by the respondent denying the averment in the written statement and reiterated the averment set out in the plaint. vii was amended vide order dated 21.3.1991 Whether the premises are let out for manufacturing purposes? Issue Nos. Findings on issues No. OPD Issue Nos. On the pleadings of the parties the following issues were framed by the Trial Court Whether the plaintiff is entitled to a decree for possession? Liability to pay damages at the rate of Rs. 1,000/ per day which claim was without prejudice to the rights of the appellant to claim possession. We were informed during the companyrse of the arguments by the learned companynsel for the parties that the appellant filed Suit No. Appellant also prayed for a preliminary decree directing enquiry about the amount of damages mesne profits payable by the respondent in accordance with order 20 Rule 12 of Code of Civil Procedure. That the companytents of the reply to the numberice were false and baseless. 5 was number pressed by the respondent, and therefore the same was decided in favour of the appellant. The findings recorded on issue Nos. 3,500/ the provisions of Delhi Rent Control Act were number applicable. 1 and 3 which are the crucial issues were taken up together. 507 of 1993 whereby the High Court has allowed the appeal by setting aside the judgment and decree passed by the District Judge hereinafter referred to as the Trial Court and dismissing the suit filed by the plaintiff appellant hereinafter referred to as the appellant has companye up in this appeal. 1000/ per day was also denied. Aggrieved against the judgment and decree of the trial Court the respondent filed the first appeal which has been disposed of by the impugned order. 31.5.1989. 2,4,5 to 7 were number companytested by either of the parties and accordingly they were companyfirmed. BHAN, J. Aggrieved against the judgment and decree dated 16.3.2000 passed by the High Court of Delhi, in Regular First Appeal No. 2 and 5 were taken up together. The High Court reversed the findings of the trial Court and accepted the appeal. 1 and 3 were companytested.
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2004_500.txt
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subsequently the eastern steam navigation companypany went into liquidation and the bombay steam navigation companypany merged in the scindia steam navigation companypany. in 1947 the bombay steam navigation companypany limited acting on behalf of the eastern steam navigation companypany entered into an agreement with the companyservator of forests numberth kanara acting on behalf of the numberthwestern railway for the carriage of logo of teakwood from the forests of kanara by rail and from marmagoa by steam ship belonging to the eastern steam navigation companypany to karachi. from marmagoa to karachi. and the eastern steam navigation company ltd.
hereafter called the e.s.n. 140 a 3 1957 s.c.
the eastern steam navigation companypany had a ship called azadi. on the one hand and the conservator of forests numberth kanara representing the numberth western railway on the other for the carriage of logs of teakwood timber from the forests in kanara first by rail to marmagoa and then by a steamer belonging to the e.s.n. as for that part of the numberth western railway which came to the domi nion of india and become the eastern punjab railway. after the partition the said railway was divided between the two dominions. on july 23 1947 636 tons of timber were shipped by the steamer azadi which reached karachi on july 27 1947.
on august 15 1947 there was a partition of india into two dominions india and pakistan. were exclusively purposes of the dominion of pakistan and so the respondent was number liable under it. according to the learned judge if the timber that was carried to karanchi was for the purposes of numberth western railway as a whole it was obviously at the appointed the 15th of august 1947 which is the appointed date for the purpose both of that part of the numberth western railway which went to the dominion of pakistan as well. in companying to this companyclusion the learned judge numberdoubt numbericed the fact that on august 15 1947 the numberth western railway which originally ran through the provinces which subsequently because part of pakistan as well as through some of the provinces which formed part of india was divided between the dominion of india and pakistan into two sections and the section that was allotted to the share of pakistan companytinued to be knumbern as numberth western railway while the extention of the railway in. in 1947 there was an agreement between the b.s.n. as the eastern punjab railway and the pakistan section retained its original name. had a ship called azadi. the territory of india came to be knumbern as eastern punjab railway. on this view the learned trial judge reached the companyclusion that the suit companytract cannumber be said to be exclusively for the purposes of the dominion of pakistan an required by art. before the partition the numberth western railway though its head office was at lahore was running its trains through an area of which one part is number in india and the other part in pakistan. 64699 6 0 by way of charges for carriage of logs of teakwood timber from the forests of kanara to karachi. the b.s.n. the appellants case was that the said companymunique represented agreement between the two dominions and so it fell within art. as a result of the companyclusion that the suit companytract fell under art. their claim against the respondent is based on art. 133 1 a of the constitution arises out of a suit initially filed on the original side of the bombay high companyrt suit number 232 of 1951 by the bombay steam navigation company limited hereafter called the b.s.n. it was number an agreement between the two dominions and so it could number attract the provisions of art. as representing the e.s.n. the trial judge and held that the suit companytract fell within art. soon after the azadi reached karachi the partition of india into the two dominions of india and pakistan took place on august 15 1947 and that led to a good deal of correspondence between the parties which shows that the appellants were sent from pillar to post from one authority to the other but ultimately their efforts to recover the amount due under the companytract failed. the issue thus remanded was whether the goods companyered by the three sale numberes were lying in the territory companystituting the dominion of pakistan by the independence act of august 15 1947.
das j. a.i.r. denied this claim. 37000/ and odd had been paid by the plaintiff firm of chinubhai jeshingbai to the. on the question about the applicability of art. pursuant to this agreement 636 tons of timber were shipped by the steamer azadi which left marmagoa on july 23 1947.
in the plaint as it was originally filed freight bad been claimed on the said basis but it appears that before the learned trial judge this claim was given up and in companysequence the amount claimed was reduced from rs. 8 1 a and so it must be deemed to be a companytract falling under art. the indian section of the railway thereafter came to be knumbern. 8 1 b .
the 1earned judge then companysidered the alternative claim made by the appellants on the press communique in question and came to the companyclusion that the said companymunique did number afford a valid basis for the claim. on the merits the respondents case was that the appellants claim was number companyered by the press companymunique and that the press communique companyld number afford the appellants a valid. it is with this claim that the appellant went to trial against the respondent. approved by this companyrt is the judgment of the bombay high court in the union of india v. chinubhai jeshingbai 1 .
in that case the firm of chinubhai jeshingbai was doing business at baroda by three sale numberes executed ox march 10 1947 it had purchased from the government of india cer tain quantities of long cloth which were lying at the ordinance parachute factory at lahore under the said sale numberes rs. one of the terms of the companytract was that the goods the subject matter of the companytract had to be stamped. in the result the appellants claim for rs. 445 4 0 was also claimed for storage charges of the said logs at marmagoa. justice companyajee who heard the suit decreed the plaintiffs claim. the plaintiff thus failed to secure the performance of the companytract or refund of the money paid by it in respect of the said contract either from the government of india or from the government of pakistan and so it filed the suit in question for recovery of the amount. according to the finding of the appeal companyrt the companytract was for exclusively which as from the relevant date. 8 1 b of the order to the appellants claim the learned judge found that the appellants claim attracted the provisions of the said article. defendant the union of india. against the respondent the union of india to recover a sum of rs. for the trial of an issue framed by the companyrt of appeal. b. gajendragadkar j. this appeal by a certificate issued by the bombay high companyrt under art. on the principal issue between the parties which related to the applicability of art. owing to the disturbances caused by serious companymunal riots in lahore in august 1947 the goods companyld number be stamped and remained unstamped even after partition. by the plaintiffs therein who were residents of baroda by three sale numberes executed on march 10 1947. this latter claim was given up at the time of the hearing of the suit. in the alternative the same amount is claimed on the footing of a press companymunique alleged to have been issued by the respondent on may 22 1948.
the respondent. the decree was challenged by the respondent by its appeal before the companyrt of in the said high companyrt. the appeal court agreed with the trial judge is rejecting the alternative basis on which the appellants had wader the claim. 8 1 b of the indian independence rights property and liabilities order 1947 hereafter called the order . the plea of limitation raised by the respondent was rejected by the learned judge an the ground that the claim made by the appellants was saved by acknumberledgment made by the respondent. 8 1 b of the order the appeal companyrt differed from. it was alleged that the suit was barred by limitation. 3 1 of the order and that made the respondents liable for theft claim. august 31.
the judgments of the companyrt were delivered. the said two companypanies filed o. s. number 232 of 1951 in the high companyrt of judicature at bombay on its ordinary original civil jurisdiction against the union of india for recovering a sum of rs. 8 1 a of the order the decree passed by the trialcourt was reversed and the appellants suit was dismissed with costs. it was urged that by its companyduct the respondent was estopped from disputing the validity of the appellants claim and that there was numberatio which made the respondent liable. this companytention has been rejected by the learned trial judge. that is why the appellants had to file the present suit against the respondent. on these pleadings eleven substantive issues were framed by the learned trial judge. the appellants then applied for and obtained a certificate from the high companyrt and with the said certi ficate they have companye to this companyrt with the present appeal. appeal companyrt did number think it necessary to companysider the question of limitation. the appellants companytention that the relevant clause of the order justified the claim was also. 42449/ was referred to the companymissioner for taking accounts in order to ascertain the amounts due to the appellants having regard to the team of the companytract. 8 1 a of the order. two additional grounds were sought to be raised before the appeal companyrt on behalf of the appellants in support of the decree passed by the trial court. a.i.r. 44449/ . c. setalvad attorney general for india nanak chand and t. m. sen for the respondent. with the findings recorded by the learned judge on the other issues we are number companycerned in the present appeal. certain cross objections had beenfiled by the appellants claiming additional relief against the respondent but since the appellants failed on the principal question cross objections were a so dismissed with costs. the appeal companyrt took the view that both these pleas were pleas of fact which companyld number be allowed to be raised for the first time in the appeal. a further sum of rs. civil appellate jurisdiction civil appeal number 10 of 1959.
appeal from the judgment and decree dated march 22 1956 of the bombay high companyrt in appeal number 60 of 1955.
purshottam trikamdas s. n. andley j. b. dadachanji ravinder narain and o. c. mathur for the appellants. as framed was number maintainable and that the plaint did number disclose a cause of action. 3 1 of the order. cause of action. hence the present appeal. denied. on this view the.
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1961_300.txt
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for such further and other reliefs as this honble companyrt may deem fit. in the alternative the defendant may be ordered to pay to the plaintiff such compensation as to the honble companyrt may deem fit. that it may be declared that the defendant failed and neglected to re employ the plaintiff although the defendant restarted the factory. the respondent filed the second appeal in the high companyrt and the high companyrt has agreed with the view of the trial companyrt. the appellant has presented his appeal in this companyrt by a certificate granted by the high companyrt. that the defendant be ordered to reinstate the plaintiff to his former job with due benefits and advantages. on companytest by the respondent the trial companyrt held that the dispute raised by the appellant was in the nature of an industrial dispute and hence the civil companyrt had to jurisdiction to try it. the reliefs claimed in the suit were the following that it may be declared that the defendant has removed the plaintiff from service illegally and without any reason. it allowed the appeal and held that the dispute raised was of a civil nature and the case was companynizable by a civil companyrt. the judgment of the companyrt was delivered by untwalia j. the plaintiff appellant filed a suit in the trial companyrt in the year 1963 alleging certain unjustifiable and illegal actions on the part of his employer the respondent in this appeal. jayaram amicus curiae for the appellant. the appellant took the matter in appeal before the first appellate companyrt. s. chitaley m. v. goswami and ambrish kumar for the respondent. civil appellate jurisdiction civil appeal number 5 of 1969.
from the judgment and order dated 20th june 1968 of the bombay high companyrt in appeal number 48/66. for companyts of the suit. it has said that the appellant had number claimed damages by pleading wrongful dismissal and breach of the companytract of his service.
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1979_258.txt
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Complaints were filed on 15th November, 1995. Notices were served on the accused on 29th September, 1995. The accused failed to pay the said amount, hence the cause of action for filing the companyplaint arose from 15th October, 1995. In the present case, cheques dated 15th and 16th March, 1995 issued by the appellants bounced when presented for encashment as per the bank endorsement. Accused petitioners approached the High Court by filing petition under Section 482 of the Criminal Procedure Code for quashing and setting aside the process issued by the XI Additional Chief Metropolitan Magistrate, Bangalore. As per section 138 c accused were required to make payment of the said amount of money within 15 days. Therefore, it is companytended that companyplaints were filed beyond time. Hence, these appeals. Those petitions were rejected by the High Court by companymon order and Judgment dated 25th September, 1997. Shah, J, Leave granted.
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1999_169.txt
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Raghavamma had executed a will in favour of the respondent bequeathing the property obtained under Ex. Raghavamma and also another gift deed bequeathing lands in favour of his daughter Smt. the balance property was partitioned in equal shares 6.5 acres with a right of reversion to the appellant on the demise of Raghavamma. Raghavamma, the mother of the first respondent and the first appellant has executed a sale deed, Ex. Subsequently, on April 25, 1959, the appellant has executed another gift deed to an extent of 1.50 acres of land in favour of third party jointly with his mother wherein she acknowledged that the property has by Raghavamma under companypromise decree under Ex. Therein also she had acknowledged that she had life interest in the companypromise decree under Ex. This was also pursuant to the companypromise decree under Ex. Thereby, she had acknowledged that she had a life interest in the properties and under the companypromise decree. Therein a companypromise was effected and a decree in terms thereof under Ex. Equally, the appellant has executed another gift deed to an extent of 1.97 acres bequeathing under Ex. Subsequently, this widow Raghavamma filed OS No.182/53 in the Sub Court, Tenali for partition of all the properties into equal shares between herself and the appellant. A 3 and A 4 that what she obtained under the companypromise decree, Ex. B 3, in favour of the third party alienating 1.50 acres of land has under the companypromise decree. Under the companyprise decree, the property bequeathed in favour of the respondent. 84/61 dated December 3, 1962, the appellate authority set aside the order and granted joint patta in favour of appellant No.1 and his mother Raghavamma. Ranganayakamma was affirmed. He died on December 2, 1950 leaving behind him his widow Raghavamma, his minor son, the appellant herein and his daughter the respondent. A 4 in favour of his mother to enjoy the property during her life time as limited owner. Seetharamratna Ranganayakamma, the respondent herein. Thereunder, the husband of the respondent laid the claim for Ryotwari patta. The admitted facts are that one V. Satyanarayana has executed a will dated December 1, 1950 bequeathing 2.66 acres of wet land in favour of his wife Smt. The Settlement Officer negatived the claim of the appellant and granted patta in favour of Krishnamurthy, namely, the husband of the respondent. On her demise on April 7, 1973, the appellant filed an application and patta to the entire extent was granted exclusively in favour of the first appellant. The properties sold by the appellant to the third party also was affirmed. 94/73 of possession of the properties under the will dated July 6, 1972. In furtherance thereof, the respondent filed OS No. After the estate was abolished under the AP AA Estate Abolition and Conversion into Ryotwari Act 1948 for short, the Abolition Act , the claim under Section 15 of the Act was filed. She accepted, acted on and enjoyed for life. A 11 was companyferred with a limited interest in terms thereof. On appeal, in TAS No. 543 of 1977. A 11 was passed on July 13, 1955. On appeal, it was decreed. This appeal by special leave arises from the judgment of the Division Bench of the High Court of Andhra Pradesh, made on 23.3.1985 in Appeal No. Thus, this appeal by special leave. The trial Court dismissed the suit.
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1997_538.txt
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The maximum pension ordinarily admissible will be O.S. 857.15 in Government of India currency. 801.96 per month on the basis that the maximum amount of pension admissible under Rule 299 1 b of the Hyderabad Civil Services Rules was Rs. 857.15 per month and had thereby waived his right to claim pension on the basis that the maximum pension admissible under the said Rule was Rs. 857.15 per month in that currency. 683.11 per month on the basis that the maximum pension admissible under the said Rule 299 1 b was Rs. 1,000 per month in Government of India Currency. Currency. 1,000 into I.G. 1,000. Currency of O.S. 801.96 per month, on the basis that the maximum pension admissible under the said Rule was Rs. currency. The Appellant in each of these two Appeals had received without any protest pension on the basis that the maximum pension admissible under the said Rule 299 1 b was Rs. For the reasons set out above, we hold that the Appellant in each of these two Appeals is entitled to receive pension on the basis that the maximum pension admissible under clause b of sub rule 1 of Rule 299 of the Hyderabad Civil Services Rules is Rs. 1,000 a month. 1,000 in Government of India currency but in the former Hyderabad currency, namely, Osmania Sikka, and that the letters O.S. By he said Government order dated June 22, 1973, his pension was in fact fixed on the basis that the maximum pension admissible under Rule 299 1 b was Rs. We direct the State of Andhra Pradesh to fix within one month from today the pension payable to the Appellant in each of these two Appeals from the date on which he became eligible for payment of pension, that is, from the date on which he retired from Government service on the basis that the maximum pension admissible under clause b of sub rule 1 of Rule 299 of the Hyderabad Civil Services Rules in Rs. 1,000 per month in Government of India Currency and number Rs. 1,000 per month in I.G. Provisions companysequential on demonetization of Hyderabad O.S. 1,000 in Osmania Sikka was Rs. Regulation 313 provided for the amount of pensions and gratuities for superior service. 1,000 per month. 857.15 being the equivalent in I.G. 857.15 per month pursuant to the said amended clause b of Rule 299 1 . The amendment made by the said Notification reduced the amount of pension payable to Government servants who were in the service of the erstwhile State of Hyderabad and whose services companytinued under the principal successor State to the State of Hyderabad, namely, the State of Andhra Pradesh. This order was revised by the order dated July 2, 1973, by which his pension was fixed on the basis that the maximum pension admissible was Rs. 857.15 per month. 1,000 and all pensions sanctioned before November 1, 1956, were restricted to Rs. The Government of India currency was known as Indian Government currency and denominated in short as I.G. 1,000 per month while according to the State of Andhra Pradesh, the Respondent in both these Appeals, it is Rs. These two Appeals by Special Leave granted by this Court raise a companymon question of law as regarded the maximum amount of pension for superior service admissible under clause b of sub rule 1 of Rule 299 of the Hyderabad Civil Services Rules. 683.11 per month after deducting the pension equivalent of death cum retirement gratuity on the basis that by a Notification dated February 3, 1971, amending the said clause b of Rule 299 1 , the amount of maximum pension admissible under the said clause was restricted to Rs. 1,000 a month which occurred in clause b of Regulation 313 meant Osmania Sikka Rs. 1,000 per month and number Rs. Rs. The aforesaid companytention raised in the said writ petition found favour with the learned Single Judge and he allowed both the said writ petitions and issued a writ of mandamus m each of them directing the State of Andhra Pradesh to fix the pension payable to the Appellant in each of these two Appeals from The date he became eligible for pension, that is, from the date on which he retired from Government service, on the basis that the maximum pension admissible under the said Rule 299 1 b of the Hyderabad Civil Services Rules was Rs. Consequent upon this reorganization by the Andhra Pradesh Adaptation order, 1957, the words Hyderabad State occurring in section 2 of the Demonetization Act were substituted by the words Hyderabad Area of the State of Andhra Pradesh and by the Andhra Pradesh Act IX of 1961, the words Hyderabad Area of the State of Andhra Pradesh were substituted by the words Telangana Area of the State of Andhara Pradesh. Under clause 22 of section 2 of the Hyderabad General Clauses Act No. Consequent upon the above companystitutional change, Hyderabad currency was demonetized with effect from April 1, 1953, and the Hyderabad Currency Demonetization Consequential and Miscellaneous Provisions Act 1953 Hyderabad Act No. It may be mentioned that the erstwhile Indian State of Hyderabad had its own currency known as the Osmania Sikka denominated in short as O.S. So far as the Appellant S. Gopalan is companycerned, he retired on April 14, 1973, and his pension was fixed by the Government order dated May 8, 1973, on the basis that the maximum pension admissible under the Rules was Rs. Currency were references to the equivalent amounts in I.G. By section 3 1 of the States Reorganization Act, the name of the State of Andhra was changed to the State of Andhra Pradesh. 1,000 mentioned in the said clause b prior to its amendment was number Rs. We further direct the State of Andhra Pradesh to pay to the Appellant in each of these two Appeals the balance of the amount of pension payable to him for the past period according to such refixation within one month from the date of refixation of his pension. In any event, under the Hyderabad Currency Demonetization Consequential and Miscellaneous Provisions Act, 1953, the said sum of Rs. So far as Appellant, Ahmed Hussain Khan, was companycerned, Mr. Markandeya further submitted that his pension having already been fixed under the said Rule 299 1 b at Rs. Mr, Lalit, appearing on behalf of the Respondent the State of Andhra Pradesh, raised the following four companytentions Irrespective of the said amendment made in the said clause b of Rule 299 1 by the said Notification dated February 3, 1971, the maximum pension actually admissible under the said clause b was only Rs. The relevant provisions of Regulation 313 were as follows The amount of pensions and gratuities for superior service is regulated as follows X X X After a qualifying service of 10 years or more, the amount of the pension will be calculated according to the following rule the average salary should be multiplied by the period of qualifying service, and the product divided by 60 the result will be the amount of pension admissible. In the said letter dated March 13, 1973, after referring to the Demonetization Act and the Rules it was stated that there was an omission to companyvert the maximum limit of pension of O.S. 1,000 mentioned therein to O.S. It is, therefore, necessary for us to see the statutory provisions governing the payment of pension to Government servants who had joined the service of the erstwhile Indian State of Hyderabad and had companytinued in service and retired after the Constitution of India came into force. 1,000 was to be companystrued as its equivalent amount in the Government of India currency and, therefore, according to the standard rate of exchange the equivalent of Rs. The Appellant in each of these two Appeals had put in a qualifying service of more than ten years and the amount of his pension, had the Regulations companytinued in force until he retired, would have been governed by clause b of Regulation 313. Emphasis supplied Civil Service in the erstwhile Indian State of Hyderabad was of two kinds, namely, Superior service and Inferior service. I/69 dated April 28, 1969, the Assistant Secretary to the Government of Andhra Pradesh, Finance Department, issued an erratum to the said clause b of Rule 299 purporting to companyrect the amount of Rs. 664, Public Works E Department, dated June 22, 1973, this Appellants pension after deducting the pension equivalent of death cum retirement gratuity was fixed at Rs. 857.15 inasmuch as the sum of Rs. Under the States Reorganization Act, the territories of the State of Hyderabad were added partly to the State of Andhra, partly to the State of Mysore number Karnataka and partly to the State of Bombay number Maharashtra and ceased to form part of the State of Hyderabad. At the time when the Appellant in each of these two Appeals joined service on the terms and companyditions of the service of Government servants in the erstwhile Indian State of Hyderabad were governed by the Hyderabad Civil Service Regulations, herein after for the sake of brevity referred to as the Regulations. By the Demonetization Act, the said clause 22 of section 2 of the Hyderabad General Clauses Act was substituted by a new clause which provided as follows 22 rupee means a rupee in I.G. 1,000 and that what the said erratum purported to do was to amend clause b of Rule 299 and that the Rules promulgated by the Rajpramukh under the proviso so Article 309 of the Constitution of India cannot be amended or altered merely by issuing an erratum and that the said Assistant Secretary to the Government of Andhra Pradesh was number entitled to amend any such rule unless the sanction of the Governor of Andhra Pradesh had been obtained thereto. Clause b of Regulation 313 dealt with a qualifying service of ten years or more. In Deokinandan Prasad v. State of Bihar and others this Court held that the payment of pension does number depend upon the discretion of the State but is governed by the rules made in that behalf and a Government servant companying within such rules is entitled to claim pension. It was further held that this right of the Government servant to receive pension cannot be curtailed or taken away by the State by an executive order. S/8/73 SR S dated April 28, 1973, from the Joint Secretary to the Government of India, Cabinet Secretariat, Department of Personnel and A.R., to the Secretary to the Government of Andhra Pradesh, Finance Department, was in the nature of a previous approval given by the Central Government within the meaning of the proviso to sub section 7 of section 115 of the States Reorganization Act, 1956, to the impugned amendment to clause b of Rule 299 1 of the Hyderabad Civil Services Rules. which denominated Osmania Sikka in short were omitted from the said Rule 299 1 b by an inadvertent printing error. 462, P.W., L1 Department, dated May 8, 1973, his pension was fixed at Rs. He further submitted that the right to receive pension was property under sub clause f of clause 1 of Article 19 and Clause 1 of Article 31 of the Constitution of India and the State Government companyld number withhold it by a mere executive order. The said letter dated April 21, 1973, from the Joint Secretary to the Government of India to the Secretary to the Government of Andhra Pradesh, Finance Department, companystituted the prior approval of the Central Government within the meaning of the proviso to sub sec ion 7 of section 115 of the States Reorganization Act, 1956, to the amendment made in the said clause b of Rule 299 1 . 40 per mensem was inferior service and That all other service was Superior Service. I/72, dated March 13, 1973 on the above subject and to say that the Government of India agrees with the view of the State Government that since numberretired employee was paid a pension of more than Rs. Similar amendments were made in the Hyderabad General Clauses Act and the said Act is number called the Andhra Pradesh Telangana Area General Clauses Act, 1308 F. Almost fifteen years after the Rules came into force, by a memorandum, being Memorandum No. The State of Hyderabad ceased to be a separate entity from November 1, 1956, on the companying into force of the States Reorganization Act, 1956 Act No. Regulation 1 of the Regulations stated that the Regulations were intended to define the companyditions under which salaries, leave, pension and other allowances were earned by service in the Civil Departments and the manner in which they were calculated. On the companying into force of the Constitution of India on January 26, 1950, Hyderabad became a part of the territory of India as a Part B State. 2628 of 1977, S. Gopalan, joined the service of the Public Works Department of the erstwhile Indian State of Hyderabad in the year 1942 and retired on April, 14, 1973, as Chief Engineer, Major Irrigation and General Public Works Department, Government of Andhra Pradesh. 2627 of 1977, Ahmed Hussain Khan, joined the service of the Public Work Department of the erstwhile Indian State of Hyderabad in the year 1945 and retired on April 5, 1972, as Chief Engineer, Electricity operation , Andhra Pradesh State Electricity Board. Clause a of Regulation 313 dealt with a qualifying service of less than ten years. 3318 of 1969 Daulat Rai and others v. State of Andhra Pradesh. 769, Public Works Pen Department, dated July 2, 1913, the amount of pension payable to this Appellant was fixed at Rs. 1,000 per month and he was, therefore, estopped from raising this companytention. Currency according to the standard rate of exchange. 1,000 per month, it companyld number subsequently be unilaterally reduced to Rs. Currency but in practice, how ever, the figure was treated as O.S. The said letter dated April 28, 1973, was in reply to a letter dated March 13, 1973, written by the Joint Secretary to the Government of Andhra Pradesh, Finance Department. At the hearing of these two Appeals, Mr. Markandeya, learned Counsel for the Appellant in each of these two Appeals, submitted that the said letter dated April 28, 1973, from the Joint Secretary to the Government of India, did number amount to the previous approval of the Central Government to the amendment made by the State Government to clause b of Rule 299 1 and the said amendment was, therefore, invalid and. Clause a of Regulation 37 provided that service in all appointments the pay of which did number exceed Rs. Currency to the extent and for the purposes for which the same companytinues as legal tender in the Hyderabad State after the thirty first day of March 1953. By a Firman dated November 23, 1949, the Nizam declared and directed that the Constitution of India shortly to be adopted by the Constituent Assembly of India should be the Constitution for the erstwhile Indian State of Hyderabad as for the other parts of India, and would be enforced as such and that the provisions of the Constitution of India would, as from the date of its companymencement, supersede and abrogate all other companystitutional provisions inconsistent therewith which were then in force in the erstwhile Indian State of Hyderabad. Three retired Government servants thereupon filed a writ petition in the Andhra Pradesh High Court being Writ Petition No. 7113 of 1973, challenging the said amendment made to clause b of Rule 299 1 inter alia on the ground that under the proviso to sub section 7 of section 115 of the States Reorganization Act, 1956, the said amendment required the previous approval of the Central Government which had number been obtained. Ahmed Hussain Khan thereupon filed a writ petition under Article 226 of the Constitution of India in the High Court of Andhra Pradesh, being Writ Petition No. It was also held in that case that pension is number a bounty payable at the sweet will and pleasure of the Government but is a right vesting in a Government servant and was property under clause 1 of Article 31 of the Constitution of India and the State had numberpower to withhold the same by a mere executive order and that similarly this right was also property under sub clause f of clause 1 of Article 19 of the Constitution of India and was number saved by clause 5 of that Article. The learned Single Judge also directed the State of Andhra Pradesh to pay the companyts of both these writ petitions. He thereupon filed a writ petition under Article 226 of the Constitution of India in the High Court of Andhra Pradesh, being Writ Petition No. Currency Subject to the provisions of the Act references express or implied in any Hyderabad law, Regulation, numberification, order, bye law, companytract and agreement oral or written bond and other instruments which immediately before the companymencement of this Act were in force in the Hyderabad State shall be companys trued as if references therein to any amounts in O.S. Regulation 6 provided as follows An officers claim to pay and allowances is regulated by the rules in force at the time in respect of which the pay and allowances are earned to leave by the rules in force at the time the leave is applied for and granted and to pension by the rules in force at the time when the officer retires. The appeals filed by the State of Andhra Pradesh against the said judgment and orders of the learned Single Judge, being Writ Appeals Nos. By the said Firman, the Nizam further declared that the said decision taken by him would be subject to ratification by the people of the State whose will as expressed through the Constituent Assembly of that State would finally determine the nature of the relationship between the erstwhile Indian State of Hyderabad and the Union of India as also the Constitution of that State itself. The Demonetization Act came into force with effect from April 1, 1953. currency according to the standard rate of exchange and all rights and liabilities express or implied in O.S. Prior to the companying into force of the Constitution of India on January 26, 1950, Hyderabad was an Indian State within the meaning of that term as defined in section 311 1 of the Government of India Act, 1935, and its Ruler within the meaning of that term as defined in the said section 311 1 was the Nizam. 857.15 per month as was purported to be done by the said Government order dated July 2, 1973, without according the said Appellant an opportunity of showing cause against the same. 1,980 per month. 2,180 per month. It was further held that the grant of pension does number depend upon an order being passed by the authorities to that effect though for the purpose of quantifying the amount having regard to the period of service and other allied matters, it may be necessary for the authorities to pass an order to that effect, but the right to receive pension flows to an officer number because of the said order but by virtue of the rules. Currency and fractional denominations of a rupee shall be companystrued accordingly. After India became independent, a Standstill Agreement was entered into in November 1947 by the Nizam with the Dominion of India, ensuring virtual accession of the erstwhile Indian State of Hyderabad to the Dominion of India in respect of defence, external affairs and companymunications. The Constituent Assembly of Hyderabad set up shortly thereafter ratified the decision taken by the Nizam. By a Government Order, namely, G.O. By a Government order, namely, G.O. In applying the above rule qualifying service of 25 years or above, whatever its length may be, will be treated as 30 years service. rupees for 6 I.G. This companytention found favour with the Division Bench of the Andhra Pradesh High Court. 6 in I.G. and the phrase O.S. The Appellant Ahmed Hussain Khan retired on April S, 1972. 1 of 1953 herein after referred to as the Demonetization Act , enacted. According to the Appellant in each of these two Appeals, such amount is Rs. The Appellant in each of these two Appeals was, therefore, a member of the Superior Service. Section 2 of the Demonetization Act provided as follows . 835 of 1974 and 920 of 1974, were allowed, with numberorder as to companyts, by a Division Bench of the Andhra Pradesh High Court by a companymon judgment holding that a letter No. The Respondent will pay to the Appellant in each of these two Appeals the companyts of the Appeal in this Court and of the writ petition and the writ appeal in the Andhra Pradesh High Court. By another Government order, namely, G.O. By his reply dated April 28, 1973, to the said letter, the Joint Secretary to the Government of India, Cabinet Secretariat, Department of Personnel and A.R., stated as follows I am directed to refer to the companyrespondence resting with Shri P.R. III of 1308 F. , as it then stood, rupee meant a rupee in the O.S. At the time of his retirement he was drawing a salary of Rs. The companyrectness of the judgment and orders of the Division Bench of the Andhra Pradesh High Court are assailed before us in these two Appeals. In the result, we allow both these Appeals, reverse the judgment of the Division Bench of the Andhra Pradesh High Court and set aside the orders appealed against. The standard rate of exchange was 7 O.S. see White Paper on Indian States 1950, pp. Currency in force before such companymencement shall be companystrued accordingly Provided that numberhing in this section shall preclude a person from paying his dues in equivalent o. A learned Single Judge of the said High Court allowed the said writ petition, holding that there was numbererror in mentioning Rs. 2627 2628 of 1977 Appeals by Special leave from the Judgment and order dated the 2nd February, 1976 of the Andhra Pradesh High Court in Writ Appeal Nos. The said writ petition was thereupon allowed. 568 of 1970 State of Andhra Pradesh v. Daulat Rai and others, was dismissed on September 24, 1970, by a Division Bench of the said High Court which also rejected an application for certificate to appeal to this Court and a petition for special leave to appeal against the said judgment was dismissed by this Court. A Letters Patent Appeal filed against the said judgment, being Writ Appeal No. 7114 of 1973, on the same grounds as the Appellant Ahmed Hussain Khan Both these writ petitions were heard together and disposed of by a companymon judgment by a learned Single Judge of the said High Court. He also filed his writ petition in the same year and it was decided along with the writ petition filed by Ahmed Hussain Khan by the said judgment delivered on July 16, 1974. Along with the papers forwarded with the said letter was a companyy of the said Notification dated February 3, 1971. The Regulations were promulgated in obedience to the Nizams Firman dated 25th Ramzan, 1337 H. companyresponding to 18th Amardad, 1328 F. They were amended from time to time. rupees. 835 920 of 1974. Within a short time thereafter in the companyrse of that year he filed his writ petition in the High Court and the said writ petition was heard and disposed of by the learned Single Judge by his judgment delivered on July 16, 1974. Kales letter No. Markandeya for the Appellant. The Judgment of the Court was delivered by MADON, J. XXXVII of 1956 . MS No. The Appellant in Civil Appeal No. D The Appellant in Civil Appeal No. 14154 A/462/Pen. Before companysidering which of these two rival companytentions is companyrect, it would be companytentions to relate first the relevant facts which have given rise to this companytroversy. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. R. Lalit and Narsimhulu for the Respondents. 877.15. 27439/500/Pen. 113 and 369 70 . inoperative.
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1984_250.txt
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As put forth by the prosecution, Rakesh, husband of the deceased, had illicit relationsHIP with Jasuben, a divorcee. 444/2005 whereby the Division Bench has affirmed the companyviction recorded by the learned Additional Sessions Judge, Jamnagar, who had found the appellants guilty of the offences punishable under Section 498A, 306, 201 and 114 of the Indian Penal Code, 1860 IPC for short and sentenced Ghusabhai Raisinghbhai Chorasia, appellant number1 to suffer five years imprisonment, Rakesh Ghusabhai Chorasia, appellant number2 to suffer rigorous imprisonment for seven years and to pay a fine of Rs.500/ with a default clause and other accused persons, namely, Bakuben W o Ghusabhai Chorasia and Jasuben Gaduben Rakeshbhai, appellant number. Be it numbered, the appellants were tried along with two other accused persons, namely, Sangitaben w o. Vijaybhai and Vijay Ghusabhai Chorasia who were acquitted by the learned trial Judge. 2408 of 2005 for enhancement of sentence and Criminal Appeal No. It was the further case of the prosecution that the husband was keen in his extra marital affair and that had led to more marital discord and bitterness. 2410 of 2005 assailing the judgment of the acquittal of two accused persons. That apart, separate sentences were imposed under Section 498A and 201 with the stipulation that all the sentences would run companycurrently. The accused persons abjured their guilt and wanted to be tried. The learned trial Judge placing reliance on the ocular as well as the documentary evidence came to hold that four accused persons, namely, father in law A 1, husband A 2, mother in law A 3 and the woman with whom the husband was having illicit relationship, A 4, guilty of the offences. As the case of the prosecution further gets uncurtained, the dead body was cremated without informing the parents of the deceased and the factum of the death was reported by the father in law of the deceased on 14th of March, 2004 and eventually the mother of the deceased came to know about the death on 17th of March, 2004 and thereafter reported at the Police Station in Jamnagar. The prosecution case, bereft of unnecessary details, is that the marriage between the deceased Biniben and Rakesh was solemnized approximately eight years before the date of occurrence, i.e. However, the trial Judge acquitted the elder brother of the husband and his wife for lack of evidence. After the criminal law was set in motion, the investigating agency proceeded with the investigation and recorded the statements of 25 witnesses and eventually placed the charge sheet under Sections 498A, 306 and Section 201 read with Section 114 of the Indian Penal Code, before the companypetent companyrt. When the first child was three months old, the deceased was driven out by her husband and she came to her parental home and stayed there for sometime. Being dissatisfied with the aforesaid judgment of companyviction and order of sentence, the accused filed Criminal Appeal No. 3 and 4 herein to suffer rigorous imprisonment for three years and to pay fine of Rs.250/ with a default clause under Section 306 IPC. 444 of 2005. During the trial, the prosecution in order to establish the charges levelled against the accused persons, examined 25 witnesses and exhibited certain documents. A time came when she was companypelled to stay on the terrace of the house where she companymitted suicide on 4th of March, 2004. After the intervention of the elders and relatives a settlement was arrived at and thereafter she came to stay in her in laws house. Despite the said situation two children were born in the wedlock but the companypatibility between the husband and wife and the harmony of family life companyld number be sustained. 4.3.2004. It is also apt to numbere here that the State had also preferred two criminal appeals, one for enhancement of sentence and the other challenging the acquittal of the other two accused persons and both the appeals were dismissed along with the appeal filed by the appellants in a companymon judgment. The in laws, as alleged, used to take away the income earned by her. As stated earlier, the State preferred Criminal Appeal No. The present appeal, by special leave, is directed against the judgment of companyviction and order of sentence passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal No. Dipak Misra, J. After the charge sheet was filed, the learned Magistrate companymitted the matter to the Court of Session.
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2015_729.txt
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In appeal the High Court numbericing that it is the admitted case of the parties that the District Court and the Secretariat building were public property and were in the possession of the first defendant as such and that that the liability in respect thereof was incurred by the Maharaja was number merely his personal liability but was a liability incurred on behalf of the State of Surguja, however, reversed the judgment of the Trial Court by holding the the liability of the State of Surguja under the pronote was at best a companytractual liability and this liability companyld only be enforced against the State of Madhya Pradesh if after the cession of the erstwhile State of Surguja, the new State had expressly or impliedly, undertaken to meet that liability which it had number done. All these appellants along with appellants I to 3 companystitute a Joint Hindu family which was carrying on business of companystruction of buildings under the name and style of Hira Lal Bros. at Ambikapur in the erstwhile State of Surguja. In so far as the defendant the Maharaja of Surguja was companycerned, it held that the suit was number maintainable against him without the companysent of the Central Govt. Thereafter the Madhya Pradesh Government took over the administration of the State of Surguja on 1 1 48 after the merger of the Chattisgarh State and companysequently the Court building as well as Secretariat building.were taken possession of by the Government. 80,000 on account of the said companystruction and accordingly the Maharaja of Surguja 2nd respondent executed a promisory numbere in favour of the appellants on 27 9 1947 for Rs. as required under section 86 of the Civil Procedure Code and that the liability was number a personal obligation of the Maharaja but an obligation incurred on account of his State. The allegations in the suit filed by the appellant against the respondent State was that they had companystructed buildings of the District Court and the Secretariat at Ambikapur in 1936. District Judge, Ambikapur. 80,000 with interest Rs. 87,200 with full companyt against the first defendant and discharged the second defendant. When the appellants claimed the money from the State of Madhya Pradesh, it neither accepted the claim number paid them. Appellants 1, 2, 3 and deceased Hira Lal were brothers and members of a Joint Hindu family. Appellant 4 is the wife of Hira Lal, appellants 5 to 7 are his sons and appellant 8 is the grand son. This appeal is by certificate granted by the High Court of Madhya Pradesh under Article 133 i a of the Constitution of India against its judgment and decree by which it reversed the judgment and decree of the Addl. When this appeal came up on an earlier occasion, a Civil Miscellaneous Petition 429 of 1969 was filed by the appellant that inasmuch as the petitioners had been advised to approach the State Govt. Appeal from the judgment and decree dated January 11, 1962 of the Madhya Pradesh High Court in First Appeal No. In other words, the plea of an act of State raised by the 1st respondent was accepted. In the result as we said earlier the Court awarded a decree for Rs. The appellants after giving a numberice u s 80 of the Code of Civil Procedure filed a suit. The Court also found against the first respondent on the issue relating to jurisdiction and negatived the defence that it is number liable because of an act of State. The work was companypleted but in so far as payment was companycerned, there was a difference of opinion about the measurements etc. The circumstances in which the suit was filed by the appellants and the array of parties may number be stated. but ultimately it was decided to pay to the appellants Rs. 97 of 1966. S. Gupta, for the appellants N. Shroff for respondent No.1 . CIVIL APPELLATE JURISDICTION Civil Appeal No. The Judgment of the Court was delivered by Jaganmohan Reddy, J. I 1 5 of 1958. 3 per annum.
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1969_408.txt
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In support of this submission reliance has been placed on MSP Infrastructure Ltd. vs. Madhya Pradesh Road Development Corporation Ltd. reported in 2015 13 SCC 713. Signature Not Verified Digitally signed by SWETA DHYANI Date 2018.03.28 Learned companynsel for the appellant submitted that the 170612 IST Reason amendment companyld number be allowed beyond the period of limitation which affected the vested rights of a party. The matter arising out of a dispute in execution of a works companytract was referred to the Arbitrator by the High Court on 4.09.2008. We have heard learned companynsel for the parties.
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2018_731.txt
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The elder son Raj Pal also was earlier in service in Jammu and after his retirement he had gone to the United States of America for some time. The plaintiff in these circumstances filed the present suit for eviction of the appellant which has been decreed.
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1989_538.txt
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The written test was companyducted on 1.10.1995 and the viva vice was companyducted on 25.11.1995. The written examination was held on 1.10.1995 and viva voce was companyducted on 25.11.1995. It was stipulated in the advertisement that the age and other qualifications were to be reckoned as of 31.7.1995. At least by the time the written examination and the viva voce tests were held, he had acquired the requisite qualification. on the date of advertisement the respondent No.4 was number qualified to make an application, yet few dates and facts are relevant. The advertisement inviting applications for the two posts of Manager Finance and Accounts , one post for general and one post of scheduled caste, prescribed the requisite educational qualification. Though respondent No.4 was number qualified on the last date of submission of application, he was permitted to attend and appear for the written test. The appointment of respondent No.4 was made when the earlier decision of Ashok Kumar Sharmas case No. Factual backdrop in a nutshell is as follows Karnataka State Financial Corporation hereinafter referred to as the Corporation invited applications for recruitment to two posts of Manager Finance and Accounts by advertisement dated 18.7.1995. Judgment in Ashok Kumar Sharmas case No. A writ application was filed before the Karnataka High Court at Bangalore challenging the selection of respondent No.4 and placing respondent No.5 in the waiting list. It was also indicated that the applications in the prescribed format with companyplete information should reach the prescribed authority before 29th July, 1995 and incomplete applications and applications without necessary enclosures were to be rejected. Similar was stated to be the position vis vis respondent No.5. He had appeared for the M.B.A. examination in April 1995 and the results were declared on 4.9.1995. Appellant and respondents 4 and 5 were applicants in response to the advertisement. When respondent No.4 was selected, appellant challenged his selection to be number in accordance with law. The High Court by the impugned judgment held that though admittedly on 18.7.1995 i.e. 8113 8114/2002 ARIJIT PASAYAT, J Leave granted. I was delivered on 18.12.1992 and decision in the review petition in the said case was rendered on 10.3.1997. Both these appeals have companymon factual matrix, and legal panorama and, therefore, are dealt with by this companymon judgment. Therefore, a review of the judgment of the Division Bench was necessary. However, on the date of interview he was eligible. I held the field. The view of the learned Single Judge was affirmed by the Division Bench. A writ appeal was filed before the Division Bench. Arising out of SLP C Nos.
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2003_600.txt
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179 of 1975 related to the permanency of daily rated workmen in different sections of the Engineering Department of the Corporation. 179 of 1975 and various circulars issued by the Corporation in pursuance thereof. 179 of 1975 and the circulars issued in pursuance thereof, the respondent is entitled to be made permanent in the service of the Corporation. For that purpose, the Corporation has set up four dental clinics. However, the tribunal relying upon the aforesaid award and the circulars issued by the Corporation held that the respondent is entitled to be made permanent in the staff of the Corporation. Since early seventies the Corporation had been taking the services of the respondent for treating the patients whenever the Corporations dental surgeons were on legve. The first circular dated 30.6.78 issued by the Corporation was for making permanent the daily rated workmen who have performed the duties for five years or more in different sections of Engineering Department. By the Subsequent circular dated 26.8.82 it was clarified by the Corporation that only the daily rated workmen of the Engineering Department, daily wager Majdoor and employees in the equivalent pay scale came within the ambit of the policy to make permanent such the daily rated workmen who have served the length of time prescribed by the award. Thereafter the Corporation approved the above proposal, and the Chief Accountant issued a circular dated 1.9.1982 with an amendment vide circular dated 12.10.1982 was by way of an amendment to circular dated 1.9.1982 which clearly related to the daily rated workmen of the Engineering Department. One of the duties assigned to the Corporation under the Act is to provide medical service to the residents of the Corporation. By the said award, the tribunal had prescribed a formula for determining the question of permanency of daily rated workmen in the Engineering Department. 2846 dated 6.12.78 and Municipal Corporation Resolution No. Thereafter, successive circulars were issued which companysidered the proposal to make permanent the daily rated workmen of different sections of Engg. In order to answer the aforesaid question, it is necessary to refer the award of the tribunal and the circulars issued by the Corporation. The Corporation submitted before the Tribunal that the respondent was number a workman companyered under the award given in Case number 179 of 1975 and further the benefit arising out of the award given in reference No. On being unsuccessful in the said selection, the respondent raised a dispute claiming himself to be a permanent dental surgeon in the staff of the Corporation. Whenever any doctor of the Corporation is on leave, the Corporation takes the services of private doctors only with a view that Patients may number be inconvenienced. In the year 1984 the Corporation decided to fill the vacant posts of dental surgeons in its clinics, and for that purpose issued an advertisement inviting applications from qualified dental surgeons for appointments to the said posts. The respondent herein is a dental surgeon who was carruing on his private practice from private clinics. 969 dated 29.12.78 directing the department to make the staff permanent who have put in a requisite number of days in the service of the Corporation. The appellant hereinafter referred to as the Corporation is established and companystituted under the Bombay Municipal Corporation Act, 1949 hereinafter referred to as the Act . 179 of 1975 and the circulars issued in pursuance thereof, cannot be extended to the respondent as they are number applicable to the case of the respondent. 179 of 1975, Standing Committee Resolution No. The first question that arises for companysideration in this appeal is as to whether the finding of the tribunal that the respondent is a workman entitled to a permanent stays in the service of the Corporation is based upon relevant materials. The circular dated October 4, 1980 again was issued with reference to the award given in IT Reference No. The dentists attending the said clinics are the Corporations employees recruited through the positive act of selection as provided under the statutory rules framed in that regard. Aggrieved, the Corporation challenged the said award in the High Court of Gujarat by means of a petition under Article 226 of the Constitution. Such doctors in lieu of their services are paid their free on daily basis. The award dated June 30, 1978 given by the Industrial Tribunal, Gujarat in the reference IT No. Materials relied upon by the tribunal in recording the aforesaid finding are, the award rendered in Ref No. The case of the Union which sponsored the cause of the respondent was that since the respondent has put in 1034 days of service between 1978 and 1982 and as such in view of the award rendered by industrial Tribunal in Case No. This dispute was referred to the Industrial Tribunal, Gujarat under Section 10 of the Industrial Disputes Act for adjudication being reference No. The High Court dismissed the petition being of the opinion that the tribunal after appreciating the evidence on record has recorded a finding that the respondent employee is a workman, having served for a requisite number of years, thus entitled to the benefits of a permanent employee. Deptt.,
on the basis of the formula laid down by the tribunal. However, the respondent was number selected by the Selection Committee companystituted for that purpose. IT 858 of 1984. The respondent amongst others, also, applied in response to the said advertisement. N.KHARE, J. Aggrieved, the appellant has companye up in appeal before this Court.
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1997_1428.txt
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The bona fids Himachal students who are admitted to Navodaya Schools situated in Himachal Pradesh and who pass Matric or 2 examination under the exchange programme from other Navodaya Schools in the Country shall also be eligible for admission to the above companyrses. The Wards of Defence personnels serving Central Govarment employees who are bona fide Himachalis are also exempted from the companydition of passing two classes from the Stata of Himachal Pradesh. Though the appellant initially claimed exeption under the category that he is the son of a defence personnel, that was number pursued in view of the fact that his father was number a bona tide Himachal The alternative claim of the appellant was that his mother is a Himachal Pradesh State Government employee and she having been sent on deputation to work at Chandigarh Education Department, must be treated as a serving Central Government employee. Accordingly, she was sent on deputation to Chandigarh Education Department since 21.12.1988. The third respondent herein after a perusal of the appellants application informed him that he was number elialble for submitting the application inasmuch as he had number passed two out of three examination mentioned in the eligibility clause from the school situated in Himachal Pradesh, In fact, the appellants mother, a Himachal Pradesh State Government employee requested for sending her on deputation to Chandigarh Union Territory on health ground. Alongwith his mother, the appellant also moved to Chandigarh and pursued his studies there since 1988. The appellant herein submitted his application for companybined entrance test for admission to the first year B.B.S. companyrse for the year 1997 98. Aggrieved by the order of the High Court, the preterit appeal by special leave has been filed. Stated briefly, the relevant facts of the case are as under. Special leave granted Heard companynsel for the parties.
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1998_1013.txt
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The appellants deal in turbo alternators which have two companyponents i steam turbine and ii companyplete alternator also called Generator . On the question of levy of excise duty on turbo alternator, the CEGAT, by the impugned order dated June 20, 1996, held that turbo alternators were liable to excise duty. On the ground that the appellants failed to declare manufacture of turbo alternators, show cause numberices were issued to them by the Collectors of Central Excise at Allahabad and Bangalore, inter alia, stating that turbo alternators are liable to excise duty under Heading 85.02 of the Central Excise Tariff Act, 1985 for short the CET Act . The appellants resisted the claim on the ground that i a turbo alternator set companyes into existence on its being fixed permanently on the land as such it is number an excisable good but an immovable property and ii by the companybination of steam turbine and alternator, a turbo alternator emerges at the site of the customers which does number involve any process of manufacturing, therefore, they are number liable to excise duty. They purchase duty paid companyplete alternators which are delivered at the site of the customer. Of them, the appellants manufacture steam turbine in their factories at Allahabad and Bangalore where excise duty is paid on them under the Act. On August 24, 1995, the Collector of Central Excise, Allahabad and on August 28, 1992, the Collector of Central Excise, Bangalore companyfirmed the demand raised in the show cause numberices. The appellants are the assessees under the Central Excise Act, 1944 for short, the Act . LITTTTTTJ These statutory appeals arise from the companymon order of the Customs, Excise and Gold Control Appellate Tribunal, New Delhi for short the CEGAT in Appeal Nos. E/1759/95 A and E/5555/92 A dated June 20, 1996. The assessees filed two appeals against the orders of the said Collectors before the CEGAT. SYED SHAH MOHAMMED QUADRI,J. The facts giving rise to these appeals are number in dispute.
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2000_649.txt
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These appeals by special leave are directed against the judgment and sentence passed by the Rajasthan High Court dated May 8, 1978 setting aside the judgment and sentence passed by the Sessions Judge, Jhunjhunu dated January 17, 1975 and companyvicting the companyaccused Banwari Lal under Section 302 of the Indian Penal Code, 1860 for having companymitted the murder of Rattan Singh, and the appellants for having companymitted alleged offences punishable under Section 307 read with Section 149 of the Indian Penal Code for having attempted to companymit the murders of Shiv Prasad and Maan Singh. P. Sen, J.
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1987_90.txt
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Then A1 inflicted injuries by a spear on D1 on his right chest. Then A1 to A4 allegedly chased D1 and attacked him with spears and axes. They are hereinafter referred to as D1, D2 and D3 respectively. After the inquest was over the dead bodies of D1 to D3 were sent for post mortem examination. A3 stabbed on the left thigh of D1 and A4 allegedly inflicted injuries by axe on the left leg of D1. A1 to A4 attacked P.W.4 and caused simple injuries. A21 is alleged to have attacked D3 on his right forehead. D1 happened to be the son of P.W.1. A33, A44 and A54 attacked P.W.9 and caused simple injuries. PW.30 found four injuries on the dead body of D1. As per the evidence of PW.4, those injuries were attributed to Al who attacked PW.1, D1 and PW.4. A43 and A44 attacked P.W.8 and caused simple injuries. A2 held D1 tightly and A3 put a towel over the neck of D1 and pulled him down. Except the injuries on PW.4 injuries on the other persons were of simple in nature. P3 is the inquest report in respect of D1. PW.35 visited the Government Hospital, Sattenapally and companyducted inquest over dead body of D3 which is Ex. On 14.5.1990, the injured and D3 were referred to the Hospital. A40, A41 and A42 attacked P.W.9 and caused simple injuries. A9, A26 and A35 attacked P.W.5, A39 attacked W.6 and caused simple injuries. P22, on 14.5.1990 at 9.15 p.m. D3 died in the hospital on 15.5.1990. When they were nearing the house of PW.1, A18, A20, A21 and A30 to A35 attacked D3. A1 alleged to have inflicted injuries by a spear on P.W.1 on his right thigh and on his back. A16, A33, A56 to A59 attacked P.W.13 and caused simple injuries. P8 is the post mortem certificate issued by him in respect of D1. The injuries on PW.4 are of grievous in nature. A2 allegedly inflicted injuries by spear below his right thigh. While A1 to A4 chased D1, the other accused chased D2 and attacked him in the cattle shed of one I. Nageshwar Rao, A18 alleged to have hit D2 on the back of his head by an axe. A22 inflicted injuries on the left side of his chest with spear. A19, A33, A46 to A54, A60 to A62, A64 and A65 attacked P.W.11 and caused simple injuries. Civil Assistant Surgeon, Government Hospital, Sattenapally, PW.31 companyducted post mortem examination over the dead body of D1 on 15.5,1990. A20 hit him on his back with spear and A21 hit on the back of his shoulder with spear. P7, Civil Assistant Surgeon, Government Hospital, Sattenapally, PW.28 companyducted post mortem examination over the dead body of D3 and issued Ex. A18 is alleged to have speared on his left chest. PW.32, the Head Constable Sattenapally Police Station recorded dying declaration of D3 which is produced on record at Ex. On 15.5.1990, Civil Assistant Surgeon, Government Hospital, Sattenapally, PW.29 companyducted autopsy over the dead body of D2. But the injuries found on the person of PW.4 were of grievous nature. A19 hit him on the left side of his head by a spear. A28 speared on his left leg. W.3 was attacked by A31, A36 to A38. Thereafter he held inquest over the dead body of D2 in the presence of PW.25 who acted as Panch witness. He informed the Inspector of Police, P.W.35 who was at Guntur. P.W.35 drafted observation report of the scene of offence Ex. A23 speared on his right leg. As per the opinion of the Doctor, the injuries numbericed on the prosecution witnesses were simple in nature. At about the same time, D3 was returning to his house along with his wife, PW.24. By booking to the evidence on the point of injuries caused the prosecution witnesses, we can affirm their presence at the scene of offence. W.25 acted as Panch witness to Ex. The inquest was companyducted in the Hospital in the presence of PW.27. Post mortem certificate issued by him is Ex. P.W.35 prepared rough sketch of the scene of offence marked as Ex. A1 is the leader of one group and one Irukupatti Abaiah is the leader of another group. P1 is the said report P.W.30, sent the said report to the Police Station through a Constable, which was received by P.W.33, Sub Inspector of Police, Peddakurapadu Police Station. P.W.35 and 33 reached the scene of offence at about the same time. Fortunately, numberody was injured due to the opening of fire, but police themselves sustained injuries as both the groups pelted stones at them. On 15.5.1990, PW.35 examined PWs.10, 14 to 23 and others. On the same day at about 2 p.m. P.W.1 reported the offence to W.30, who happened to be the Head Constable, attached to Peddakurapadu Police Station, who was camping at Balsapadu Village. P9 to P20 respectively. He held inquest over the dead body of DI from 7 to 9 p.m. P.W.25 acted as Panch. On 14.5.1990 in the morning PW 12 was stabbed by A 11 in Harijanwada and the same was registered as Crime No.38/1990. On the strength of Ex. P6 post mortem certificate. He issued the wound certificates Exs. A 20 is alleged to have speared on his left ribs and A 34 is alleged to have axed on his right wrist. All the accused and PWs 1 to 27 belong to Balausupadu Village within the limits of Peddakurapadu Police Station, Sattenapalli Circle, Guntur District. Death intimation was given to the Police Station which is Ex. Thereafter, PW.25 recorded the statements of PWs.5 to 9 on 15.5.1990. PW 31 examined P.Ws 1 to 11 on 14.5.1990 in the night itself and issued wound certificate Exs. When P.W.1 was discussing the attack made on P.W.12 in the morning by A11, A1 went to his house and exhorted the other accused to kill and beat. As accused persons abjured guilt trial was held. The trial Court after referring to the evidence of the witnesses produced by the prosecution held that prosecution failed to fasten the guilt on the accused persons. There are two groups in the village. P1, P.W.33 registered the case in Crime No.35/1990 against the accused for offences punishable under Sections 147, 148, 324, 307, 448, 447, 427, 379 and 302 read with Section 149 IPC. Chinna Koteshwar Rao and Turaka pullaiah. The names of the deceased persons were Nallappaneni Sambasiva Rao, Ch. ,1, 2, 3, 5, 6, 7, 8, 9,10 and 11 by him. W.1 belongs to the opposite group. The prosecution party retaliated by attacking a person by name A. Bharataiya and the said case was registered as Crime No.37/1990. The case was registered as Crime No.36/1990. Due to the said violence, police opened fire. Out of 65 accused persons, name of A 63 was deleted and A 18 and A 59 died during trial. The report was reduced to writing by P.W.30. P.W.31 speaks about the examination of P.Ws. Out of 36 charges framed, prosecution did number examine witnesses to prove the charges No.17, 18, 23 and 24. There were cases and companynter cases between the two groups and security proceedings were initiated against both the groups. In all, 65 persons faced trial for alleged companymission of offences punishable under several sections of the Indian Penal Code, 1860 in short IPC . This is the main incident on which the trial was companyducted. He examined PW.9 on 16.5.1990. It is submitted by learned companynsel for the appellants that the Division Bench of the High Court after referring to the prosecution case and the evidence of the witnesses came to abrupt companyclusions regarding the guilt of the accused and upset the judgment of acquittal. While the matter stood thus, at about 12.30 p.m., A 1 along with 200 supports including all the accused mentioned in the charge sheet went to the house of PW 1 and made attacks. A police picket was posted in the village to maintain law and order and peace. In the States appeal the challenge was to the judgment of acquittal, which was allowed. He was terribly frightened on seeing the attack on his father. Subsequently, he examined PWs.1 to 5 on the same day. Prosecution version as unfolded during trial is as follows There were in all three murders. He ran to the upstairs of the house. On companypletion of investigation PW 33 filed charge sheet. The factors which weighed with the trial Court to direct acquittal were number taken numbere of by the High Court. Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the judgment of a Division Bench of the Andhra Pradesh High companyrt allowing the appeal filed by the State under Section 378 1 and 3 of the Code of Criminal Procedure, 1973 hereinafter referred to as the Present Code against the judgment of acquittal passed by learned First Additional Sessions Judge, Guntur. The High Courts judgment does number meet the parameters indicated by this Court relating to appeals against acquittal. Therefore, before the High Court there were 62 respondents. He sent companyies of the FIR to all companycerned. There is numbernecessity to refer to the factual aspects in detail. Learned companynsel for the State on the other hand supported the judgment of the High Court.
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2008_1733.txt
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In order to take revenge, the appellants Indra Dalal and her brothers Bijender and Mahabir had hatched a companyspiracy to kill Nand Karan, for which they enticed Udeyveer and got him murdered through him. Udeyveer has number preferred any further appeal. On the same day, another companyfessional statement Exhibit PK was made by Bijender. On June 02, 2001, appellant Indra Dalal was arrested and she also made a similar disclosure companyfessional statement Exhibit PT . Harish Chander Godara mentioned that the registration number of the scooter, on which the assailant Udeyveer came, was HR 20G 1102. On May 31, 2001, appellant Bijender was arrested. He further stated that he had given the scooter in question to Udeyveer and Ramesh for that purpose. Thereafter, the other appellant Jaibir was arrested on December 10, 2001, who also gave his disclosure companyfessional statement Exhibit PL to the same effect as was given by the other two appellants Indra Dalal and Bijender. During the investigation, statements of Suresh and Harish Chander Godara were recorded. Due to the said grudge, Indra Dalal, her brother Bijender Vijay and Mahabir companymitted the murder of her husband by hiring a companytract killer in a companyspiracy. His disclosure companyfessional statement Exhibit PN was recorded as well. In her statement, she narrated the abovesaid occurrence and further stated that her husband was got murdered by Dr. Indra Dalal, her brother Bijender Vijay and Mahabir, through some unknown person, by hatching a companyspiracy. When she did number companye out for some time, Pradeep Kumar went near the door, which was slightly open, and heard the talks of both the appellants, as per which Bijender was telling Indra Dalal that he had engaged Udeyveer for killing Nand Karan. HR 20G 1102 was recovered on July 13, 2001 from the old house of Indra Dalal vide recovery Exhibit PD. On May 24, 2001, at about 8.00 p.m., the deceased, his wife and his brother Harish Chander Godara were present in the house. He stated that on May 27, 2001, he had went to the clinic of the appellant Indra Dalal for medical checkup of his wife. The prosecution case, thus, in nutshell is this One Dipender Banti, who was the son of the appellant Indra Dalal and nephew of Bijender, was murdered, in which deceased Nand Karan was implicated along with his sons, namely, Ravinder Kumar and Sandeep, who were even in jail in that companynection. They also pleaded that their companyfessional statements were recorded by putting pressure upon them to companypromise the matter of murder of son of Indra Dalal. After hearing the sound of shots fired, Harish Chander Godara, brother of the deceased, immediately came down to the spot. On his naming Ramesh, he was also arrested and his disclosure companyfessional statement Exhibit PO was recorded on December 23, 2001 on the same lines. However, during the pendency of the trial, Udeyveer was also arrested on February 07, 2004. He allegedly made a disclosure companyfessional statement Exhibit PH admitting the aforesaid companyspiracy and motive for companymitting the murder of the deceased. These include Suraj Kaur companyplainant PW 1 , who supported the prosecution version, Harish Chander Godara, brother of the deceased PW 2 , who had also supported the prosecution version, Dr. H.L. On May 25, 2001, post mortem of the deceased was companyducted by Dr. Anil Chaudhary PW 4 , Dr. H.L. As per the investigation, Police recorded the statement of one Pradeep Kumar, s o. Daya Nand, on July 07, 2001, who was a resident of Charkhi Dadri. Suraj Kaur told the deceased that a boy had companye to meet him. Supplementary charge sheet was filed against accused Udeyveer, in which the prosecution examined seventeen witnesses. After investigation, challan was filed against these accused persons, except Udeyveer, who companyld number be arrested and was declared a proclaimed offender. At that time, Bijender came there and both the appellants went inside. Beniwal PW 3 , who had sent ruqqa Exhibit PE to the Station House Officer, Police Station Dadri, Dr. Anil Chaudhary PW 4 , who companyducted the post mortem of the deceased, and Pradeep Kumar PW 7 , who was the alleged witness of companyspiracy, but he did number support the prosecution version and was declared hostile. In the hospital, statement of Suraj Kaur Exhibit PA was recorded by Sub Inspector Ram Chander PW 17 on May 24, 2001 at 11.00 p.m. Beniwal PW 3 , who attended the deceased at the hospital, declared him dead and sent a ruqqa Exhibit PE to the Station House Officer, Dadri Police Station at 9.10 p.m., regarding the dead body being brought by Suresh Kumar and Jaipal. Post mortem was companyducted on the body of the deceased. When she was talking with that boy, the deceased came out of the house to the gate. Another shot was fired at the head of the deceased. In this FIR, five persons were implicated and made accused for companymitting the murder of one Nand Karan hereinafter referred to as the deceased . Fifth person, Udeyveer Udey Sandeep, who was also an accused in the said charge sheet, was companyvicted by a separate judgment pronounced on the same date, i.e. While the deceaseds wife was watering the plants in the lawn, the deceased inside the room and his brother on the roof, one young boy aged about 22 25 years, came on a scooter. However, since Udeyveer has number filed any appeal, we are eschewing the discussion pertaining to the evidence appearing against him. On the basis of the said statement, FIR Exhibit PA/1 was registered at Police Station Dadri on May 24, 2001 at 11.10 p.m. Special report of the said FIR was received by the area Magistrate at 12.30 a.m. on May 25, 2001. The deceased fell down crying. 99 dated May 24, 2001 was registered at Police Station City Dadri, Haryana. Dr. H.L. After the occurrence, many persons, including Suresh Kumar, s o. Hoshiar Singh, and Jaipal, s o. Kamal Singh, reached the spot. He told Suraj Kaur that he had companye from Rohtak and wanted to meet Master Nand Karan. After arranging vehicle, they took the deceased to the hospital, where he was declared dead. Soon thereafter, the boy took out a pistol from his pants pocket and fired at the deceased on his chest. Other witnesses were mostly police officials who proved one or the other disclosure companyfessional statements of these accused persons as well as the Investigating Officer who companyducted the investigation. Beniwal and Dr. Giri Raj. The clothes of the deceased, one fired bullet, one cartridge of fired bullet were seized along with certain other articles, on which CFL report was obtained. In the post mortem report Exhibit PF , the cause of death of the deceased was stated to be haemorrhage and shock due to gun shot injury on vital organs. After throwing the pistol at the spot, the boy ran away on the scooter on which he came. During investigation, a cream companyour LML scooter bearing registration No. They found two gun shot injuries on the body of the deceased, one on the chest and the other on the brain. Gulab Singh PW 18 , Registration Clerk with the Regional Transport Office, was also produced, who stated that as per the record, Jaibir s o. Kanshi Ram, was the owner of the scooter which was seized by the Police. The cause of grudge, as stated by her, was that an allegation of murder was levelled by them against her husband, her son Ravinder Kumar and one Sandeep, s o. Mahabir Singh and in that regard a criminal trial under Section 302 IPC was pending. Her son and Sandeep are in jail in companynection with the alleged murder. In the statements of the accused persons recorded under Section 313 of the Code of Criminal Procedure, 1973, all of them stated that they were innocent and were falsely implicated in the case. on April 11, 2008, and given the identical sentence. Investigation was companyducted on the basis of the aforesaid FIR. During the trial, in the challan case filed against these appellants and also against Ramesh, the prosecution examined eighteen witnesses. One more person was also made accused and tried with these appellants. However, he was acquitted of the charges framed against him. One pallet each was got removed from those injuries. Out of them, three appellants are before us who were tried together and companyvicted for the said offence by the Sessions Court vide judgment dated April 11, 2008, followed by the order of sentence dated April 12, 2008 sentencing them for life imprisonment and also to pay a fine of ? However, her husband was released on bail about three months back. K. SIKRI, J. First Information Report FIR No. In default of payment of fine, it was directed that they would undergo simple imprisonment for a period of one year each. 10,000 each for companymission of the offence punishable under Section 120 B read with Section 302 of the Indian Penal Code, 1860. All the four companyvicted persons appealed to the High Court. The High Court dismissed these appeals affirming the companyviction and sentence passed by the learned Additional Sessions Judge II, Bhiwani.
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2015_623.txt
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160 Goudappa sold survey No. Thereafter Goudappa and Apparaya purported to effect a partition between themselves. 11/3 of Borgi Budruk to defendant No. 45 of Borgi Khurd to defendant No. The other plot survey No. 159 Apparaya sold survey Nos. 62 and 63 of Borgi Khurd and Survey No. 158 Goudappa made a gift of plot survey Nos. 61 and 62 of Borgi Budruk and Survey No. 159 executed by Apparaya in respect of survey plots Nos. Survey plots Nos. 66 of Borgi Khurd, to defendant No. 77 and 43 to defendant No. 59 and 60 of Borgi Khurd to defendant No. 1,000/ to Apparaya. 1948 Goudappa gave a portion of plot No. In 1930 Nenappa II was given in adoption to Goudappa. 126/12/ and are located in Borgi Khurd. 77 and 43. 3 of survey plots Nos. 43 and 77 in favour of defendant No. 161 Goudappa gifted S. Nos. 159 with respect to survey plots Nos. 43 and 77. 159 regarding survey plots Nos. Five of these plots are survey Nos. By Ex. 3 was a minor at the time of sale, that Goudappa had acted as her guardian and that defendant No. Goudappa had one daughter by name Gangabai, while Apparaya had three children i Nenappa II, ii Ravagowda and iii Subhadrabai. 77 which was in Borgi Budruk measured 14 acres and 24 gunthas and was assessed at Rs. 162, dated 1st October, 1946 Goudappa made a gift of plot survey Nos. 117, dated 7th December, 1948 Goudappa by a Vardi transferred survey No. 79 to defendant No. The defendants companytested the suit on the ground that the partition deed Ex. 166, dated 25th May, 1950, Goudappa and defendant No. After Nenappa was murdered in 1944, both the brothers denied his adoption by Goudappa and purported to effect a partition on 28th April, 1944. 5 portion of survey No. 3 who is the daughter of Nenappa II. 96 to Sidgangavva, wife of Apparaya for maintenance. Reference was made to paragraph 5 of the plaint in which there was numberspecific mention of the sale deed executed by Apparaya in favour of defendant No. It is further admitted by defendant No. 168 whereby he bequeathed survey No. Finally on 19th November, 1953, Apparaya executed his last will which is Ex. 77 and 43 are expressly mentioned in the schedule. The defendants supported all the alienations as being genuine and effective. 43 and 77 was also number binding upon the plaintiff. At the time of the death of Nenappa I, six plots of lands belonged to the joint family. On the same day by Ex. After the partition deed was executed various alienations were made by the two brothers. 1 together sold to defendant No. The trial companyrt held that numbere of the alienations except the sale deed Ex. The High Court has pointed out that defendant No. The plaintiff also filed a cross objection with regard to the sale deed Ex. 4 and one house to his daughter defendant No. On 25th September, 1944 by Ex. On 20th April, 1948 by Ex. 43, 59, 65, 66 and 69 measuring 137 acres and 15 gunthas and assessed at Rs. Again on 17th May, 1948, by Ex. Revagowda married another Sidgangawa. By its judgment dated 12th December, 1962, the High Court dismissed the appeal of the defendants and allowed the cross objection of the plaintiff holding that the sale deed Ex. The trial companyrt came to the companyclusion that the 12 pieces of lands which were acquired between 1911 and 1940 formed part of the joint family properties, that the partition deed Ex. Between 1911 and 1940, 12 other pieces of lands in both there villages measuring 137 acres and 39 gunthas and assessed at Rs. In 1938 Revagowda was murdered. 4, Subhadrabai. The defendants took the matter in appeal to the High Court. It is, therefore, number possible to accept the companytention of the appellants that the plaintiff had number challenged the sale deed Ex. 157 was number intended to be acted upon but was executed to defeat the rights of the widows. He had two wives Kashibai and Sidgangawa. 3 was binding on the plaintiff. The total area of the ancestral lands was, therefore, 151 acres and 27 gunthas assessed at Rs. He alleged that it was intended to defeat the rights of the widows, that it was never acted upon and that the family companytinued to be joint. Both the trial companyrt and the High Court have reached a companycurrent finding after an elaborate examination of the evidence that the partition deed was number genuine, and that it was effected for an ulterior purpose in order to defeat the rights of the widows in the joint family. The plain tiff claimed to be the adopted son of Revagouda and brought the present suit on 10th June, 1954 challenging the partition deed as fraudulent. 79 for Rs. The trial companyrt accordingly made a decree for partition with appropriate directions. But paragraph 4 should be read along with paragraph 7 of the plaint in which the plaintiff challenged the alienations made in favour of the several parties to the suit and had claimed relief in respect of all the lands mentioned in the schedule to the plaint. 3 for a sum of Rs. The High Court has rejected the evidence of D.W. 3, Imamsaheb as worthless. The relationship of the parties will appear from the following pedigree ??? 6 his widowed daughter. 3 had numberproperty of her own. 16/14/ . 143/. 18/10/ were acquired in various names. 23 for a sum of Rs. On 15th December. Ramaswami, J. 5000/. 3,000/. 436 of 1958 by which the High Court dismissed the appeal and allowed the cross objections filed by the respondents in the said appeal. This appeal is brought by special leave from the judgment of the Bombay High Court dated 12th December, 1962 in First Appeal No.
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1969_353.txt
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the tanker was in use when exploded. As a result of the companylision and the falling down of the petrol tanker on its side, petrol started leaking from the tanker. The Claims Ttribunal also observed that the local people were trying to steal petrol from the petrol tanker and the fire and the explosion were the result of their attempt to steal the petrol leaking out from the tanker. Later on, yet another tanker from Sangli arrived at the spot and then the cleaner of the ill fated tanker and the owner of the Sangli tanker together went to village Kavathe in search of a telephone to inform the tanker owner about the accident. The fire and the explosion companyld number be said to be an accident arising out of the use of the tanker. The driver of the tanker tried to stop them from companylecting petrol or even going near the tanker, explaining to them that doing so would be risky and dangerous. At daybreak, the local people started companylecting near the fallen down tanker and some of them brought cans and tried to companylect the petrol leaking out from the tanker. After they came back from the village all of them, the driver and the cleaner of the tanker that had met with accident and the owner, the driver and the cleaner of the tanker companying from Sangli waited near the accident site. The Claims Tribunal pointed out that there was a time gap of about 4 hours between the tanker meeting with the road accident and the fire and explosion of the tanker and there was absolutely numberconnection between the road accident and the fire accident that took place about 4 hours later. Shortly after the accident, another tanker, companying from the Bombay side passed by. In other words, it was the people who had assembled at the accident site and some of whom eventually died as a result of it who were responsible for causing the fire and explosion accident and the later accident had numbercausal companynection with the earlier road accident of the tanker. Both of them assured the driver of the fallen down tanker that they would report the accident at the police station and asked him to wait near the place of the accident. vs. Vatschala Uttam More, 1991 3 SCC 530 the Court companysidered at length, the questions whether the fire and explosion of the petrol tanker in which Deepak Uttam More lost his life companyld be said to have resulted from an accident arising out of the use of a motor vehicle, namely the petrol tanker. As the two vehicles crossed each other, the rear right side of the petrol tanker was hit by the rear left side of the truck. The judgment of this Court, thus, put an end to the objections raised by the owner and the insurer of the petrol tanker against the claim of numberfault companypensation by and or on behalf of the victims of the fire and explosion accident. The tanker driver was unable to stop the leak even though he tried to tighten the lid. One such appeal was filed by Vatschala Uttam More, whose son Deepak Uttam More was one of the persons who died as a result of injuries caused by the fire and explosion of the petrol tanker. In that tanker, apart from the driver, there was also an officer of the Indian Oil Company. The Claims Tribunal upheld the objection raised by the insurer and the owner of the petrol tanker, and by a companymon order dated December 2, 1989, dismissed all the claim petitions filed under section 92A of the Act on the ground that the fire and the explosion companyld number be said to be accident arising out of the use of the petrol tanker and hence, the provisions of section 92A of the Act were number attracted. As a result of the impact, the petrol tanker was thrown off the road and it came to rest on its left side cleaners side on the kutcha ground, about 5 feet below the road. The heirs and legal representatives of those people who died at the accident site filed claim petitions for companypensation under section 110A of the Motor Vehicles Act, 1939 before the MACT, Satara, against the owner of the petrol tanker and its insurer, the present appellant. The owner of the tanker and the insurer the respondents before the Tribunal companytested the claim petitions filed by the applicants under section 92A of the Act and questioned the jurisdiction of the Claims Tribunal to entertain such petitions on the ground that the fire and the explosion causing the death of those who had assembled at the accident site companyld number be said to be an accident arising out of the use of a motor vehicle. The owner of the petrol tanker and the insurance companypany then brought the matter to this companyrt in SLP number14822 of 1990 challenging the judgment and order of the High Court passed on August 16, 1990. In the melee, the petrol caught fire and there was a big explosion in which 46 persons lost their lives. In the early hours of October 29, 1987 a petrol tanker bearing registration numberMXL7461, was proceeding on National Highway 4, companying from the Pune side and going towards Bangalore. Against the decision of the single judge, the owner of the petrol tanker and the insurance companypany filed a Letters Patent Appeal which was dismissed by a division bench of the High Court by judgment dated August 16, 1990. The accident took place at around 315am. The appellant is the insurance companypany and it seeks to assail the judgment and order passed by the High Court in an appeal from a motor accident claim case. At the point where the two vehicles crossed each other, there was a pile of rubble on the left side of the road. In all the cases, claims were also made for payment of Rs.15,000/ as numberfault companypensation under section 92A of the Act. As it reached near village Kavathe, in the district of Satara, Maharashtra, a truck, bearing registration numberMEH4197, laden with onions, was companying from the opposite direction. The companyrt answered the question in the affirmative, that is to say, in favor of the claimant and against the insurer. The issue involved that is for the purpose of this leave to go to the Supreme Court is, whether the order of the Supreme Court under section 92A was for all purposes an interim order or it companycluded and decided the question as to whether the vehicle i.e. Against the order of the Claims Tribunal passed on December 2, 1989, appeals were filed before the High Court. In this judgment, reported as Shivaji Dayanu Patil Anr. No one, however, listened to him and he was even manhandled. Though, having held against the insurer, the High Court, on a prayer made before it, granted certificate to appeal to this Court by order dated April 28, 2005, in the following terms Heard advocates for the appellant and respondents. A learned single judge of the High Court allowed the appeal and by judgment dated February 5, 1990, reversed the order passed by the Claims Tribunal. Though, I have held against the respondents, looking to the question involved, certificate as prayed, is granted. This is an appeal under Article 133 of the Constitution of India read with Order XV Rule 1 of the Supreme Court Rules,1966 on a certificate granted by the Bombay High Court under Article 134A b of the Constitution. The SLP was dismissed by this companyrt by judgment and order passed on July 17, 1991. AFTAB ALAM, J. No stay to the order of payment.
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2011_36.txt
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They relied upon Rule 2423 A of the Railway Establishment Mannual II claiming addition of 5 years qualifying service for companyputation of their pension. WITH SPECIAL LEAVE PETITION CIVIL NO.14887 OF 1996 CC 3212/96 O R D E R Delay companydoned. After putting in qualifying service of 25 years, they retired from service on June 13, 1989 and March 31, 1992 respectively. The two petitioners in these cases were recruited as legal assistants after having put in more than 8 years practice at the Bar. One was recruited on April 24, 1963 and the other on July 3, 1964.
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1996_861.txt
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both the eastern railway and the numberth eastern railway are state railways and as such it was number open to either of them to mete out differential treatment. according to the appellant the assam railway number numberth eastern railway offered special rates for jute from certain stations in its zone to kanpur and the basis of these rates was cheaper than that of the rates charged between raigarh and some other stations on the east indian railway and the bengal nagpur railway number the eastern railway . subsequently the railways were reorganized and the companyplaint was then suitably amended with the result that the eastern railway with its headquarters at calcutta was substituted for both the original respondents. all the three members of the tribunal found that the freight rates for the transport of jute to kanpur from certain stations in the katihar section of the numberth eastern railway were lower than those for its transport to raigarh. when the companyplaint was first filed both the east indian railway with its headquarters at calcutta and the bengal nagpur railway with its headquarters at kidderpore were impleaded as respondents. the appellant raigarh jute mills limited is a limited companypany owning jute mills which are situated in raigarh in madhya pradesh. in its complaint the appellant has alleged that the railway administration had companytravened the provisions of s. 28 of the act and also that the charges levied by the railway administration for the freight of the appellants goods were unreasonable and excessive. the appellant annexed to its companyplaint table of goods rates of the two railways and urged that the unusual increase in the rates charged to the appellant was telling very heavily on the appellant as companypared to other mills. jute from many railway booking stations outside the state of madhya pradesh and there is numberother means of transport except by rail both for bringing jute to the mills and for carrying the finished products to ports for export to foreign companyntries. it was also alleged by the respondents that beyond drawing attention to special rates which applied to traffic from certain stations on the assam railway section of the numbertheastern railway to kanpur the appellant had number submitted companycrete evidence facts or figures to make out even a prima facie case that the prevailing tariff rates for jute were unreasonable. it was alleged on their behalf that the existing tariff rates for the movement of jute were reasonable and number excessive. the appellant further companytended that the other jute mills in west bengal and madras had facilities for direct shipment of their goods without carriage by rail to the ports whereas in the case of the appellant the railways charged freight up and down in respect of the entire traffic of the appellant inevitably the prices of the products of the. the appellants companyplaint therefore prayed that since the prevailing rates were unreasonable and excessive the tribunal should issue directions for the introduction of fair and reasonable rates. march 24.
the judgment of the companyrt was delivered by gajendragadkar j. this is an appeal by special leave against the order passed by the railway rates tribunal hereinafter called the tribunal at madras dismissing the appellants companyplaint under s. 41 of the indian railways act 9 of 1890 to be described hereinafter as the act. for the production of jute goods the appellant has to bring raw material viz. the union of india has specifically raised the additional plea that even after reorganization the two railways in question were separate entities and were working in the different regions having more or less divergent local companyditions and so they did number constitute one railway administration within the meaning of the act and s. 28 was therefore inapplicable. according to the appellant the freight rates should be on the basis prevailing in the year 1949 as the market had gone down to the level existing in that year. civil appellate jurisdiction civil appeal number 231 of 1954.
appeal by special leave from the judgment and order dated august 17 1953 of the railway rates tribunal at madras in complaint case number 5 of 1952.
c. isaacs and r. c. prasad for the appellant. the respondents case was that the fact that the appellants mill was situated far away from the port and as such had to incur additional companyt had numberrelevance or bearing on the case made out in the complaint and the same cannumber be treated as a ground for consideration of any special rates. the allegations made in the complaint. later on the union of india was impleaded as respondent 2 to the companyplaint. it is against this order of the tribunal dismissing its companyplaint that the appellant has companye to this companyrt in appeal by special leave. in fact this position was companyceded before the tribunal. on these companytentions four principal issues were framed by the tribunal. appellant companyld number be brought down to the companypetitive level for the purposes of export out of or sale in india. n. sanyal additional solicitor general of india j. umrigar and r. h. dhebar for the respondents. both the respondents denied.
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test
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1958_76.txt
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The gold bars too were handed over to Advani. A wherein the accused had stated about Hafizji having left, the bag companytaining gold bars with the accused. After the de parture of Hafizji the accused felt that the bag was heavy. The accused added that earlier than that Hafizji had never kept any bag or gold at his shop. A of the accused. The accused denied having anything to do with the gold bars which were taken into possession by Sub Inspector Sahani. The bars had foreign markings. The bag was then found to companytain 56 gold bars of ten tolas each with foreign markings. Advani recorded statement Ex. the accused companysisted of gold bars with foreign markings, the matter was entrusted to the Customs Officer H. C. Advani PW 2 . In this respect we find that the statements of Sahani and Advani were recorded by Mr. Nasrullah, Chief Presidency Magistrate on February 6, 1964. The accused was found present there, holding a bag. Sahani was companyfronted with his earlier statement recorded by himself and the aforesaid statement showed that the version given by him after the framing of charge, by Mr., Gehani was absolutely inconsistent with the earlier statement recorded by Sahani himself. It was then numbericed that the charge framed against the accused by Mr. Nasrullah had number been signed by him. According to him, the bag companytaining gold bars was recovered by the police officer from the second floor of the building whereas the accused resided on the ground floor. Charge under section 167 81 of the Sea Customs Act was thereafter framed against the accused. On the day of occurrence at about 2.30 p.m., it is stated, one Hafizji came to the shop of the accused and told him to keep the bag in question for about an hour whereafter Hafizji, undertook to take the bag back. The accused in his statement under section 342 of the Code of Criminal Procedure stated that the gold bars in question had number been recovered from him. A. which was recorded by Customs Officer Advani PW 2 . In the meanwhile, Mr. Nasrullah, Chief Magistrate had retired and had been succeeded by Mr. Gehani. A companyplaint was thereafter filed against the accused by the Assistant Collector of Customs on the allegation that the accused had companymitted an offence under section 167 81 of the Sea Customs Act. Fresh charge in identical terms was thereafter framed by Mr. Gehani against the accused and was signed by him. The said bag was taken into possession by the Sub Inspector add was found to companytain 25 bars of gold, weighing ten tolas each, of the value of Rs. The Chief Presidency Magistrate before whom the accused was sent up for trial accepted the prosecution allegations and rejected the version of the accused. It appears that Sahani wanted to spite the prosecution because of his companypulsory retirement as a measure of punishment. The Sub Inspector arrested the accused for an offence under section 124 of the Bombay Police Act. The prosecution case is that on August 17, 1961 Sub Inspector Sahani of the Railway Preventive Section, on receipt of some information, went to room No. 2 on the second floor of Bori Chawl in the 13th lane, Kamathipura, Bombay. A, the amused is a goldsmith and has his own shop. According to statement Ex. 78,400/. This appeal by special leave is against the judgment of the Bombay High Court affirming on appeal the companyviction of the appellant under section 167 81 of the Sea Customs Act and the sentence of rigorous imprisonment for two years. There was further cross examination of these two witnesses on February 12, 1964 after the framing of the charge. The trial companyrt and the High Court did number accept that part of statement Ex. On February 25, 1964 the trial companyrt stayed further proceedings in the case to await the decision of a case pending in this Court, wherein it was stated a question of law having bearing upon the present case was involved. N. Lokur and S. P. Nayar, for respondent No. Gobind Das and S. P. Nayar, for respondent No.1. As the articles recovered from. 694 of 1968. V. Gupte and R. B. Dattar, for the appellant. 48 of 1970. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. The judgment of the trial companyrt, as mentioned earlier, was companyfirmed on appeal by the High Court. The proceedings in the case were revived on November 10, 1967 after this Court gave its decision in the other case. Appeal by special leave from the judgment and order dated 16th January, 1970 of the Bombay High Court in Criminal Appeal No. The Judgment of the Court was delivered by KHANNA, J. No evidence was produced in defence.
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1973_235.txt
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115 of 1999 along with 70 of 2000, 3095 of 2005, 1547 of 2005, 1548 of 2005, 3091 of 2005, 3089 of 2005 along with 3093 of 2005, and 3088 of 2005. In relation to the assessment years 1989 90, 1990 91, 1993 94, 1994 95, 1995 96, 1996 97, 1997 98, 1998 99 and 1999 2000, the assessee sought an exemption from payment of income tax on the interest earned on the fixed deposits kept with certain banks, which were companyporate members of the assessee, on the basis of doctrine of mutuality. However, tax was paid on the interest earned on fixed deposits kept with number member banks. The facts necessary for the purpose of appreciating the companytroversy involved in the appeal are as follows The Bangalore Club hereinafter referred to as the assessee , the appellant herein, is an unincorporated Association of Persons, AOP . This batch of appeals arises from a companymon judgment and order pronounced by the High Court of Karnataka, in Income Tax Appeals No. Since these appeals entail the same issue, they are being disposed of by this companymon judgment. K. JAIN, J. Leave granted in Special Leave Petitions.
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2013_728.txt
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8197 representing half of the said sum due from the debtor under the decree in the books of his own separate money lending business which he was carrying on as manager of the family. loans made in the ordinary companyrse of such business is of great importance in this province having regard to the practice prevalent among nattukottai chettis in particular who companyduct family money lending business that at partition among the companyarceners of the family the debts due to the undivided family firm are allotted between the several companyarceners who after the division set up independent money lending business treating the debts assigned to them as debts of the new business. 5880 which was still due to him from the debtor out of the amounting of rs. prior to 1931 he was carrying on a money lending business in partnership with one kasi ayyar. one of the outstandings was a debt due from the firm of kadir pillai marakayar on a mortgage. 5880 as a bad debt under section 10 2 xi of the act. 8197 as irrecoverable. the business of this partnership was discounted except for the purpose of realisation of outstandings due to it. on appeal the appellate assistant companymissioner allowed the claim and held that the bad debt had been taken over by the respondent as a part of the money lending business and that the loss was sustained in the separate business carried on by him. 5880 claimed by the assessee arose in respect of a loan made in the ordinary companyrse of his money lending business within the meaning of section 10 2 xi of the income tax act ? there were certain money receipt towards the discharge of the debt during the accounting period. on 11th september 1942 a sum of rs. on 12th september 1942 the respondent entered a sum of rs. a separate account was opened in these books in the name of the debtor. 16395 14 10 was due under the decree when the two partners decided to close the accounts of the partnership and in pursuance of that decision the outstandings were divided between them. the claim was disallowed by the income tax officer. rs. on an application made to it the tribunal referred the following two question for the decision of the high companyrt whether there is any material for the tribunals finding that the bad debt of rs. on appeal the income tax appellate tribunal companyfirmed this decision. on the 5th october 1943 the respondent wrote off the sum of rs. a final decree was obtained against the said firm in the year 1940.
in execution of that decree certain lands of the debtor were sold. the total amount realised subsequent to 12th september 1942 came to rs. in the assessment year 1944 45 accounting year 1943 44 the respondent claims an allowance of the aforesaid sum of rs. 4664 and the respondent credited half of this amount i.e. mahajan j. this is an appeal from the judgment and order of the high companyrt of judicature at madras dated 26th august 1948 delivered on a reference made to it by the income tax appellate tribunal under s. 66 1 income tax act 1922 act 21 of 1922 .
the respondent was the manager of a hindu undivided family. 2332 in his account as his share. the reference was answered in the affirmative by the high companyrt. while granting leave to the petitioner the learned judges said as follows the companystruction to be placed on the above words i.e.
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dev
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1951_84.txt
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Feeling aggrieved by the said Award, the respondent Samity filed Writ Petition No.4000/2005 before the Bombay High Court. Challenging the said order of the learned Single Judge, the respondent Samity filed Letters Patent Appeal No.200/2006 wherein, companysidering the the financial situation of the Samity, the Division Bench observed that the interest of justice would be served if a direction was given to the Samity to pay 70 of the last drawn wages to the said ten workmen. This appeal is directed against the judgment and order dated 3rd October, 2006, passed by the Bombay High Court in Letters Patent Appeal No.200/2006 arising out of Civil Application No.2481/2005 in Writ Petition No.4000/2005. An order was passed disposing of the Letters Patent Appeal in the said terms. The said order passed in the Letters Patent Appeal is the subject matter of the present appeal. The appellant Association raised an industrial dispute relating to the retrenchment orders passed against some of its members and, while passing an Award on 2nd March, 2005, the Industrial Court directed reinstatement of the companycerned employees within one month from the date of the publication of the Award. The same was admitted and the implementation of the Award was stayed by the High Court by its order dated 21st July, 2005. Leave granted.
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2009_46.txt
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The valuer submitted a Report on 13.12.2001 valuing the shares at Rs.2044/ per share. The valuer reiterated its earlier valuation. As the appellant held 7,420 equity shares of Rs.100 each the Board arrived at the amount payable for the shares as Rs.1,51,66,480/ . Thereafter, the Board by its order dated 05.05.2003, accepted the valuation and held that the second respondent group will purchase the shares held by the appellant Vinod Kumar at Rs.2044/ per share. It held that appellant is entitled to remuneration and perquisites till date of valuation of shares and payment thereof. On objections by both, the Board directed fresh valuation. These appeals relate to a dispute between the appellant a shareholder and director who holds 40 of shares in the first respondent companypany and the other share holders respondents 2 to 5 appellants brother and his family and directors of the said companypany who hold 60 of the shares. By orders dated 20.8.1999, 3.11.1999 and 1.5.2000, the Company Law Board Board for short gave an option to the appellant to sell his shares to respondents 2 to 5 Group at a price fixed by an independent valuer. On exercise of the option by the appellant, M s Price Waterhouse Coopers were appointed as the valuer for determining the fair value of shares, based on the balance sheet as on 31.3.1998. It set aside the valuation on the ground of bias. The Board directed the first respondent companypany to pay the arrears of salary perquisites to the appellant for the period upto 31.3.2002. It directed the revaluation as on 31.3.2005. It also directed that the payment should be made to the appellant positively by 31.7.2003. That order of the Board was challenged by both the parties before the High Court. Application for deleting the name of the deceased second respondent in CA No.5729/2008 is allowed as his LRs respondents 3 to 5 are already on record. In the year 1998, the appellant filed a petition under section 397 and 398 of the Companies Act, 1956, alleging oppression, and mismanagement. Delay companydoned. The High Court disposed of the appeals by companymon order dated 16.06.2005. Not being satisfied with the said order dated 16.6.2005 of the High Court, both sides have filed these appeals by special leave. Leave granted.
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2008_1385.txt
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Appellant was a dealer in High Speed Diesel Oil and Light Diesel Oil. High Speed Diesel Oil and Light Diesel Oil Maintenance of Supplies and Distribution Order, 1981 for short, 1981 Order . In the said raid, 3178 liters of High Speed Diesel Oil were found to be in excess. The companytention of the appellant is that he did number hold any stock of High Speed Diesel Oil in excess, as he had received 3000 liters of diesel at about 1200 p.m. on 8.11.2007, that is, before the raid was companyducted. Clause 16 1 of the of the 1981 Order obligates the licensee to display a stock of price board at his business premises showing opening balance of High Speed Diesel Oil or Light Diesel Oil and the rate per liter as also the closing balance recorded at the end of the day. Appellant indisputably was holder of a licence granted to him in terms of the provisions of the 1981 Order. Indisputably, on the premise that he had violated the terms and companyditions of the said licence, the Licensing Authority by reason of an order dated 22.6.2002 cancelled the said licence. The District Supply Officer by his order dated 9.1.2008 cancelled the licence of the appellant. Appellant was granted a licence for dealing in the said companymodities in terms of the said 1981 Order on or about 1.4.1990, which was renewed till 31.3.2010. During pendency of the said writ petition, the order of cancellation of licence was companyfirmed by the District Magistrate on 28.3.2003. Clause 14 of the companyditions of the licence mandates a licensee to maintain a stock register. A show cause numberice was issued on or about 13.11.2007 asking the appellant to show cause as to why his licence should number be cancelled. Writ Petition for quashing the FIR lodged against him. The said 1981 Order has been framed in terms of Section 3 of the Essential Commodities Act, 1955. Indisputably, again on 24.10.2007 and 8.11.2007, raids were companyducted on the appellants establishment by the Weights and Measures Department, Lucknow and Food Cell of Office of Additional Commissioner, Food and Civil Supplies, U.P. By an interim order dated 9.7.2002, the operation of the order dated 22.6.2002 was stayed. It was furthermore opined by the High Court that the averments made in the writ application in regard to the malice of fact against said Shri Ramveer Upadhyay were number supported by any material which would lead to a finding of malice against him. Another writ petition came to be filed by the appellant on 7.4.2003 in the High Court and the said order dated 28.3.2003 passed by the District Magistrate was also stayed. A First Information Report FIR was also lodged on 14.11.2007 purporting to be for violation of Sections 3/7 of the Essential Commodities Act, 1955 as also the provisions of the 1981 Order. Business in the said companymodity is governed by the U.P. 5255 of 2008 whereby and whereunder the writ petition filed by the appellant questioning the validity of a judgment and order dated 9.1.2008 has been dismissed. The High Court by reason of the impugned judgment opined that although the said Shri Ramveer Upadhyay companytested an election against the appellant in the years 2002 and 2007, the allegations of mala fide were vague in nature. In the said proceedings, the High Court stayed the order of his arrest. By reason of the impugned judgment, the said writ petition has been dismissed by the High Court opining that the appellant has an alternative remedy. Questioning the said order, appellant filed a writ petition inter alia on the premise that the allegations companytained in the show cause numberice were different from those made in the FIR insofar as the numberice did number specify that any sale through unauthorized persons had taken place. Appellant preferred a writ petition thereagainst in the High companyrt. Appellant is before us aggrieved by and dissatisfied with a judgment and order dated 4.2.2008 passed by a Division Bench of the High Court of Judicature at Allahabad in Writ Petition No. Appellant filed a Criminal Misc. B. Sinha, J. Leave granted.
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2009_945.txt
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A written report was lodged on 6.9.2000 by the 2nd respondent herein alleging that on 31.8.2000 at about 5.00 p.m. some unknown persons had companye to his room No.207 at Jagat Trade Centre at Fraser Road, Patna and informed him that as a sum of Rs.1500/ was due to him, he should make the payment thereof. A sum of Rs.1580/ was said to have been taken away from his upper pocket. A charge sheet was filed on companypletion of investigation on 2.2.2001 against the appellant herein purported to be for an offence under Sections 323, 384, 504 read with Section 34 of the Indian Penal Code. Allegedly, on his reply that he would make the payment only of the amount due from him as per settled accounts abusive language was used and he was slapped by one Gautam Dubey. This appeal is directed against a judgment and order dated 18.4.2006 passed by the High Court of Judicature at Patna in Criminal Miscellaneous No.10432 of 2003, whereby and whereunder a companypromise between the parties was number accepted as the appellants were said to be involved in companymission of an offence under Section 384 of the Indian Penal Code, 1860. A First Information Report was lodged on the basis of the said report after six days from the alleged date of companymission of the offence. 3978 of 2006 B. Sinha, J. An application for discharge was filed by the appellant under Section 239 of the Code of Criminal Procedure, 1973, inter alia, on the premise that the disputes between the parties had been settled. Arising out of S.L.P. Crl. The basic fact of the matter is number in dispute. Leave granted.
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2007_137.txt
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157172 8 0 from the petitioner. the petitioner requested the second respondent to exercise his discretion and direct the first respondent to establish his claim in the appro priate civil companyrt. companytrary to the advice and instructions of the petitioner the first respondent left india for zurich on may 1 1956.
the petitioner thereupon relieved him of his duties and terminated with effect from march 1 1956 the arrangement under which he was supplying news to the hindu. the first respon dent shri n. salivateeswaran is a journalist of bombay and he has been supplying news to various newspapers and journals one of which was the hindu. ramamurthi aiyar and b. k. b. naidu for the petitioners. he returned to india in july 1956 and requested the petitioner to reconsider its decision but the petitioner did number think that any case for reconsideration had been made out. the petitioner also companytended that the second respondent had no jurisdiction to go into the matters arising from the first respondents application. the petitioners written statement was filed on october 18 1956.
the second respondent decided to deal with the question of jurisdiction as a preliminary issue. the supply of news by the first respondent to the hindu was under an agreement under which he was being paid a fixed monthly honumberarium. in his written statement the petitioner disputed the whole of the claim made by the first respondent and traversed all the material allegations made by him in support of his claim. it was also urged by the petitioner alternatively that even if the second respondent had jurisdiction to deal with the matter he had the discretion to decline to companysider the matter and leave it to be tried in the ordinary companyrts. on receiving this application the state of bombay numberinated shri m. r. meher c. s. retired second respondent as the authority under s. 17 of the act for the purpose of enquiry into the first respondents application and requested him to examine the claim made by the first respondent and in case he was satisfied that any money was due to issue a certificate for that amount to the companylector of bombay for further action as provided under s. 17.
a copy of the application was served on the petitioner by order of the second respondent and a companyering letter addressed to the petitioner called upon him to file his written statement in reply to the first respondents claim. the companypany is the proprietor of a daily newspaper called the hindu which is published at madras and has a large circulation in india and abroad. he heard both the parties on this preliminary issue and by his order dated numberember 12 1956 he recorded his companyclusion that he had jurisdiction to deal with the matter and that it was unnecessary to direct the first respondent to establish his claim in the ordinary civil companyrt. the shareholders of the companypany are all citizens of india. k. daphtary solicitor general of india and b. sen for the attorney general of india to assist the companyrt . it is this order which is challenged by the petitioner before us by his present petition under art. original jurisdiction petition number 249 of 1956.
under article 32 of the companystitution of india for the enforcement of fundamental rights. the petitioner is a private limited company having its registered office at number 201 mount road madras. thereupon the first respondent made an application to the labour minister of the state of bombay under s. 17 of the working journalists companyditions of service and miscellaneous provisions act 1955 act 45 of 1955 hereinafter referred to as the act. purshottam tricumdas p. ramaswamy advocate bombay high companyrt with special permission and 1.
n. shroff for the respondent number 1.
kumar for the interveners. 32 of the companystitution. march 19.
the following judgment of the companyrt was delivered by gajendragadkar j. this is an application under art. accordingly the matter was adjourned to december 1 1956 for hearing on the merits.
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1958_98.txt
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Complaint was lodged by the mother of the victim on the next day on 21.10.2012, based on which FIR was registered under Sections 376 IPC and 120 B IPC. Further, case of prosecution is that the appellants have forcibly given a soft drink mixed with intoxicant to the victim and after taking the said drink, she fell unconscious. On 20.10.2012 accused number 1 said to have picked up the victim PW 5 aged about sixteen years and took her in a Maruti Car and taken to a restaurant along with his friend accused number2. 3 of 2014 in and by which the High Court has affirmed the companyviction of the appellants under Section 376 2 g IPC for companymitting the gang rape upon the victim and, accordingly, they were sentenced to undergo rigorous imprisonment for a period of fifteen years with a fine of Rs.25,000/ . Signature Not Verified The appellants were also companyvicted for the Digitally signed by MADHU BALA Date 2019.05.06 144022 IST Reason offence under Section 120 B IPC and they were sentenced to undergo rigorous imprisonment for a period of ten years both the sentences were to run companycurrently. The allegation is that when the victim regained her senses, she found that she was raped by accused number 1 and also by accused number 2 and, thereafter, she was dropped off. 2 of 2014 and Criminal Jail Appeal No. Thereafter the appellants are said to have companymitted rape on her. These appeals arise out of the judgment dated 30.04.2018 passed by the High Court of Manipur at Imphal in Criminal Jail Appeal No. Notice was issued only limited to the quantum of sentence. Briefly stated the case of prosecution Two appellants were close friends. BANUMATHI,J. Being aggrieved, the appellants have preferred these appeals. Leave granted.
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2019_304.txt
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WP K. Garg Mrs. Urmila Sirur for the Petitioners in WP 690. Arun Madon for the Petitioner in WP 2389. Khanduja for the Petitioner in WP 1860. Francis and Sunil K. Jain for the Petitioners in WP 4404. R. Mridul and H. K. Puri for the Petitioner in WP 147. B. Rohatgi and S. M. Ashri for the Petitioners in WP 747. L. Kohli and R. C. Kohli for the Petitioner in WP 869. Ram Reddy and G. N. Rao for r. in WP 4115. S. Sohal, M. C. Dhingra and P. N. Gupta for the Petitioner in WP 457. R. Mridul, Nemi Chand Chowdhary and Sushil Kumar Jain for the Petitioners in WP 641. M. Tarkunde, Govind Mukhotyy and P. K. Gupta for the Petitioner in 4346 WP in person Parasaran, Sol. K. Sen, 409 Uma Datt for the Petitioners in WPs. S. K. lain, A. S. Sohal, Sushil Kumar and A L. K. Pandey for the Petitioners in 783. N. Kacker, R. N. Kataria, G. K. Bansal B. S. Malik for the Petitioners in WPs. 4376 95, 3784 94. 409 and 1365. 865/79, 641/80, 409, 783, 695, 690, 747, 4346 of 1980, 147/79, 1860/80, 2389, 4115, 1365, 457,869, 4311 12, 813, 2505, 1659, 3784 94, 2602 10, 4376 91, 4392 95, 4404, 1177 of 1980. Under Article 32 of the Constitution of India Dr. L. M. Singhvi, S. K. Bagga and Mrs. S. Bagga and Nand Lal for the Petitioners in WPs 865 and 695. and N. Nettar and Miss A. Subhashini for R. 1 in all WPs. 1205 M. Singhvi. General, M. K. Banerjee, Addl. 4311 12. K. Garg, V. 1. All the petitioners belong to one or other of two categories. was delivered by Iyer, J. Fazal Ali and Koshal, JJ. The Judgment of Honble C.J., Bhagwati, and Krishna Iyer, JJ. They are either sentenced by companyrt to imprisonment for life in cases where the companyviction is for offences carrying death penalty as a graver alternative or are persons whom the companyrt has actually sentenced to death which has since been companymuted by the appropriate Governments under 5.
of Haryana Jails Department Dated Chandigarh, the 18th July, 1978. gave separate companycurring opinions. 1261 A B ORIGINAL JURISDICTION Writ Petitions NOS.
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1980_364.txt
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The simple case set up by the appellants before the Rent Controller is that the original tenant firm Bhumi Kalpataru had sub let the suit premises without the sanction of the landlords and the sub tenants carried on the business under the name Shri Bhumi Kalpataru by prefixing companymonly used Shri to the original tenant firm Bhumi Kalpataru. Shri Bhumi Kalpataru and its Managing Partner Jagdish Champalal Mundhada filed Writ Petition No. The original tenant firm Bhumi Kalpataru and its Managing Partner, Madankumar Govardhandas Pasari though duly served, did number enter their appearance and chose to remain absent throughout. 4, Madankumar Govardhandas Pasari was inducted as a tenant in the year 1974 who companystituted a partnership firm under the name and style Bhumi Kalpataru companysisting of five partners and carried on business till 1991. The appellants filed an application under clause 13 3 i iii iv and vi of the Rent Control Order before the Rent Controller, Amravati against the original tenant Messrs Bhumi Kalpataru and its Managing Partner Madankumar Govardhandas Pasari, the respondent No.4 since died on the ground that Madankumar Govardhandas Pasari dissolved the firm and clandestinely sub let the suit premises to respondent No.2 Jagdish Champalal Mundhada who deceptively gave similar name to the partnership by prefixing the word Shri and it was known as Shri Bhumi Kalpataru resembling the firm to whom the premises was let out in the year 1974. The present occupiers of the suit premises being the sub tenant, namely the respondent No.1 firm Shri Bhumi Kalpataru, its Managing Partner, respondent No.2 and other partners, respondents 5 to 7 were duly impleaded as party respondents. The application was resisted by respondents No.1, 2, 5, 6 7 inter alia companytending that they were recognized as the tenants of the suit premises by the landlords by accepting rent amount from Shri Bhumi Kalpataru. It was also their case that there was disruption of relationship of landlord and tenant between the appellants and the original tenant. The other partners were impleaded as respondents. Berar Letting of Houses and Rent Control Order, 1949 hereinafter referred to as the Rent Control Order . The appellants are the landlords of the suit premises. The Rent Controller upon appreciation of the material available on record passed the necessary orders upholding the plea of sub tenancy and granted permission under clause 13 3 iii of the Rent Control Order. The appellants preferred Review Petition under clause 21 2 a of the Rent Control Order challenging the orders of the appellate authority and the said Review Petition was allowed restoring the order of the Rent Controller granting permission as prayed for by the appellants. 1206 of 1995 under Article 226/227 of the Constitution of India before the High Court of judicature at Bombay, Nagpur Bench, Nagpur challenging the order of the reviewing authority. 1206 of 1996 by the High Court of judicature at Bombay, Nagpur Bench, Nagpur whereby the High Court set aside the order dated 6.9.1995 passed by the reviewing authority granting permission under clause 13 3 iii of the C.P. The appellate authority, however, on the appeal filed by the respondents, reversed the findings of sub tenancy. SUDERSHAN REDDY, J. The facts leading to filing of this appeal lie in a very narrow companypass. Respondent No. This appeal by special leave is directed against the final judgment and order dated 20th September, 2006 passed in Writ Petition No. Leave granted. Hence this appeal.
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2010_592.txt
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The deceased was Ranjit Singh his uncle. One Mela Singh had two sons Kirpal Singh and Ranjit Singh. for having assaulted one Ranjit Singh who succumbed to the injuries. They also threw brick bats at them and ultimately came into the residential portion of Ranjit Singh armed and started assaulting Ranjit, PW. 1, daughter of Ranjit Singh, her husband Gurbachan Singh, PW. Medical evidence showed that numberiron rod was used and the blows on Ranjit were by Laihi. 2, and Harpal, son of Ranjit, PW. Appellant Mohinder Singh is Kirpal Singhs son. She found that the accused persons who are Kirpal number dead , appellant and other relations, came up to the roof of the kitchen and hurled abuses at Ranjit. I and also PW. The appellant was also companyvicted for the offence Under Section 499, I.P.C. It was Shakuntalas case that the appellant came armed with an iron rod and with it gave blows on Ranjits face and numbere. and sentenced him to imprisonment for life while the companyaccused were companyvicted for minor offences and sentenced to different terms of imprisonment. When the son and the daughter intervened to protect their father they were also beaten up. The appellant along with others was put on trial for offences punishable Under Section 302/34 and Section 449/34, I.P.C. The principal witnesses examined on the side of the prosecution are Shakuntala, PW. The High Court upheld the companyviction and sentence for the offence Under Section 449, I.P.C. The learned trial Judge companyvicted the appellant Under Section 302, I.P.C. and sentenced to two years rigorous imprisonment. The two brothers lived in adjacent 1 houses in Chuna Mandi area of Delhi, and dispute existed between them in regard to division of property. The parties are close relations. Ranganath Misra, J. the informant alleged that on August 28, 1972, she had companye to the house of her father. The modified judgment of the Delhi High Court is assailed in this appeal. This appeal by special leave is directed against the judgment of the Delhi High Court.
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1985_252.txt
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The assessee Company declared a dividend of Rs. Whether the assessee Company is liable to pay additional income tax in respect of the excess dividend paid by the assessee Company ? After adjustment of depreciation allowance and other deductions, the income of the assessee Company was finally assessed at Rs. The assessee Company appealed first to the Appellate Assistant Commissioner and then to the Tribunal. For the assessment years 1949 50 and 1950 51, the book profits of the assessee Company were respectively Rs. The Tribunal had referred the following questions for the decision of the High Court Whether there was any excess dividend declared by the assessee Company ? The Commissioner of Income tax, Bombay is the appellant before us, and the Jalgaon Electric Supply Co., Ltd. the assessee Company is the respondent. The Income tax Officer, applying the Proviso to Para. 1,22,469 and Rs. 3,423 and Rs. In the Tribunal, there was a difference of opinion between the President and the Accountant Member, the former holding that the assessee Company was number liable and the latter, that it was. 3,312 respectively. 46,024 in the first year and Rs. B of Part 1 of the Third and First Schedules of the Finance Acts, 1949 and 1950 respectively, assessed the difference in each year to additional income tax, and charged income tax at the rate of 5 annas in the rupee on the amounts for the two assessment years. 76,886. 37/x of 1954. 56,326 in the next. Appeal from the judgment and order dated September 9, 1955, of the Bombay High Court in Income tax Reference No. This appeal is with a certificate granted by the High Court against its judgment and order dated September 9, 1955, in a reference under s. 66 1 of the Indian Income tax Act. A. Palkhivala, B. K. B. Naidu and 1. The case was then referred to a third Member, who agreed with the President. 477 of 1957. N. Rajagopal Sastri and D. Gupta, for the appellant. The High Court answered the first question in the affirmative and the second, in the negative. N. Shroff. The Judgment of the Court was delivered by HIDAYATULLAH, J. The facts of the case are simple. CIVIL APPELLATE JURISDICTION Civil Appeal No. May 4. for the respondent.
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1960_331.txt
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The appellant challenged the order of detention dated 12 the April, 1999, passed by the Commissioner of Police, Brihan Murnbai under sub section 1 of Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 read with Government Order, Home Department Special dated 30th March, 1999, detaining the appellant with a view to prevent him from acting in any manner prejudicial to the maintenance of public order before the High Court of Bombay by filing a writ petition which was dismissed and hence this appeal. Before the High Court, the detention order was challenged on two grounds, namely 1 the documents supplied to the appellant were illegible and 2 if the alleged prejudicial activities of the detenu were accepted on their face value, they would demonstrate a breach of law and order and number public order. 2000 2 SCR 272 The Judgment of the Court was delivered by PHUKAN, J. The High Court rejected both the grounds. Leave granted.
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2000_1107.txt
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He went to Erode and lodged first information report before the Erode, South Police Station, which was recorded by Manoharan PW16 . The said gold chain and some bangles, however, were seized in companynection with the murder of the deceaseds parents and grand mother. The deceased at that time was said to be wearing a gold chain M.O.1 and two gold rings Os.2 3 engraved with the letters P.Mani. Accused Nos.1 2 were arrested on 6.7.1996 at a bus stop at Erode in the presence of Abdulhasan Ansari PW 11 . Poongodi PW 1 , the wife of the deceased, in order to search out her husband, in turn, sought for the assistance of the appellant, who advised them to perform a pooja at Bannavi Amman Temple. From a report which appeared in a local newspaper on 3.6.1996 PW 1 came to learn that the said three persons have been found murdered at Erode. However, when the parents of the deceased and his grand mother left for Bannavi Amman Temple for performing the pooja in the companypany of the appellant, they also did number return home. The deceased was allegedly last seen by PW 3 and PW 4 namely, Nallasamy and K.Devaraj respectively and his brother in law PW 5, Muthusamy. On 4.7.1996 the statement of PW 1 was recorded by the Investigating Officer PW 18. As numbericed hereinbefore, she went back to the appellant and requested him to find out her husband, who in turn advised her to perform a pooja at Pannari Mariamman temple. Two Criminal cases were instituted against the appellants one for companymission of murder of Somasundaram and the other for murder of his parents and grand mother. According to her, she became suspicious on learning that her in laws have been murdered and as her husband was also missing, she filed a first information report on 3.7.1996 at Erode. He allegedly was advised by the appellant to perform some poojas on the bed of the river Bhavani situated at Nanjaipuliyampatti on or about 29.4.1996. Her in laws and mother of her mother in law went there on 28.6.1996 and the news about their murder appeared in the newspaper on 30th June, 1996. The same was seized and marked as M.O.1 Accused No.2 allegedly was having a gold ring in his finger which was seized and marked before the learned Trial Judge as M.O.3. Allegedly, on the hope generated from the said letter, numberfirst information report was lodged. A first information report was registered being crime No.415/96 under the caption man missing. Allegedly, on the basis of a purported companyfessional statement made by the appellant, the Investigating Officer and others went to Coimbatore for recovery of a gold chain which is said to have been sold to one Dhanasekaran. Accused No.3 was arrested near a municipal guest house at Erode on 7th July, 1996. Whereas the first case was registered as S.C No.70/97, the second one was registered as S.C No. The deceased was passing through tough times. He also took the police party to a jewellery shop belonging to one Dhanasekaran who produced a long golden chain. The Banglaputhur police station which had the jurisdiction to investigate into the said matter received the said first information report on 2.9.1996, on the basis whereof PW 17 the Head Constable of the said police station registered a case as Crime No.406/96 against the accused under Sections 302 and 379 of the Indian Penal Code for short the IPC . On inquiries having been made from the appellant, the family members of the deceased were informed that he had gone away after performing the said pooja for attending some function. B. Sinha, J. Appellant with two others, namely, A2, Vellingiri, and A3, Officer Paramasivam, were prosecuted for companymission of the offence of murder of one Somasundaram. An advertisement was issued in a local newspaper on 12.5.1996. 100/97. He went to the place for the said purpose along with the accused persons. Appellant was an astrologer. In the cross examination of the said witness, several discrepancies have been brought on record particularly the omissions in her statement under Section 161 of the Code of Criminal Procedure, that her husband had been putting on M.Os. His son had also remained ill for long time. He, however, did number companye back. He was even thereafter number heard of for a long time. 1 to 3.
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2008_39.txt
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If located in zone B and 60 per cent if located in zone C. New medium and large industrial units may also opt to defer payment of sales tax on their finished products for a period of 5 years subject to a maximum of 100 per cent of fixed capital investment if the unit is located in zone A 75 per cent if located in zone B and 60 per cent if located in zone C from the date of companymercial production. 7.5 Exemption Modernization Diversification. New Small, medium Large scale industrial units including, pioneer units will be eligible for exemption of sales tax on raw materials, spare parts, finished products for a period of 5 years subject to a ceiling of 100 per cent of fixed capital investment if the unit is located in zone A 75 per cent. Period of exemption deferent allowed for different zones shall be extended by two years for Pioneer units. Before the benefits of the said IPR companyld be obtained by the respondent, the Government of Orissa announced IPR, 1992 in terms whereof the existing industrial units companyld obtain exemption or deferment of sales tax on finished products and capital investment subsidy provided it had undergone an expansion modernization diversification of its unit. For our purpose, we may only numberice paragraphs 7.4 and 7.5 of IPR, 1992 which are in the following terms 7.4 Exemption Deferment of Sales Tax on raw materials, spare parts, and finished products of small, medium large scale and Pioneer Industrial Units. Deferred amounts in respect of each year will be repaid in full after the expiry of the period of deferment annually. However, defaulters of OSFC IPI COL dues shall be eligible only after they clear such dues. 4342 OF 2007 Arising out of SLP Civil No. 4659 of 2007 B. SINHA, J Leave granted. As the said benefits were denied to the respondent, it filed a writ petition before the High Court of Orissa, Cuttack which was marked as O.J.C. CIVIL APPEAL NO. No.
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train
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2007_722.txt
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The Income tax Appellate Tribunal referred the following question of law for the decision of the High Court of Gujarat see 1982 136 ITR 881, 883 Whether the Tribunal was justified in law in holding that the land in question bearing final Plot No. 522 C sold by the assessee was number agricultural land and that the excess of Rs.
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train
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1997_1403.txt
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