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9.8.71 2.5.77 21.3.90 3.4.91 R7 in WP appt 2 in CA B.L.Grover, Supdt. 12.8.71 28.7.77 23.11.90 8.7.91 R7 in WP Appt. 1 in CA Sammat Singh, do 9.8.71 R6 in WP R9 in CA Sadhu Singh, Supdt. 16.11.60 23.1.87 R2 in WP R6 in CA Chanan Ram,Dy. 7.4.60 30.4.90 3.4.91 WP3 R4 in CA H.C.Chhabra, Supdt. Secy.14.5.65 5.3.90 R3 in WP R7 in CA Baldev Singh, 8.12.59 11.2.91 Deputy Secretary R4 in WP R8 in CA Gian Singh, 15.6.71 30.10.73 17.6.83 11.2.85 7.3.91 Under Secretary R5 in WP Appt. Reserved candidates Sagar Mal,Dy. Superintendent. It will be numbericed that when Gian Singh reserved became Superintendent on 11.2.85, numbere of the general candidates writ petitioners reached the level of Dy. Superintendents must have become Superintendents even before Gian Singh i.e. Superintendents on 8.2.96. Supdt. 4.11.60 7.1.91 8.7.91 WP4 R5 in CA Respondents in W.P. Sagar Mal, Chanan Ram and Baldev Singh who were Dy. However, so far as the reserved candidates Sadhu Singh and B.L.Grover are companycerned, by the time they were promoted as Superintendents on 3.4.91 and 8.7.91, all the 4 writ petitioners became Dy. Thus writ petitioners general candidates can have numberclaim against Gian Singh. The two appellants were promoted as Dy. Superintendent on 6.5.85, 13.3.87, 30.4.90 and 7.1.91. Obviously, other reserved candidates who were senior to Gian singh viz. before 11.2.85 and thus writ petitioners general candidates can have numberclaim even against them. Writ petitioners 1 to 4 reached the level of Dy. Superintendents on 23.6.95 and 23.11.95 respectively while respondents 2 to 5, general candidates who were senior to them as Assistants, were all promoted as Dy. The promotions from the post of Clerk to Assistant and Assistant to Dy. Now Ms.Kamal Kanta was promoted as Superintendent on 18.3.96 p.58 subject to Chander Pal later decided as 1997 SCC 474 but by that date the respondents 2 to 5 were also promoted as Dy. The four writ petitioners have, therefore, a rightful claim for seniority over Sadhu singh, L.Grover and Sammat singh at the level of Dy.superintendent. Superintendent were by way of a roster so far as the appellants were companycerned. The writ petition was filed by the general candidates Shyam Sunder and others and was allowed by the High Court. All 7 of them were impleaded as respondents 2 to 8 in the writ petition. JAGANNADHA RAO,J. Leave granted in special leave petitions. before that date.
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1999_705.txt
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By some ratiocination of their own, the authorities worked 22 years back from the date of his discharge from military service and fixed his date of birth as 6 7 1924. This document became the cause for the alteration of the date of birth in his service records. Appellants date of birth as entered in the Vernacular Examination Certificate was 1st November, 1925. Public Service Tribunal relating to an alteration made by the respondents in the entry in his service records as to his date of birth. Public Service Tribunal, Lucknow, on appellants petition substantially agreed with the reasoning of the authorities but reckoned his date of birth 22 years prior to the date of the certificate of discharge and fixed 25th September, 1924 as the date of birth, working 22 years backward from the date of the certificate and number the date of discharge as had been done by the authorities. The service record of the appellant, it is number disputed, initially had an entry indicating his date of birth as 1st November, 1925. There was some companytroversy whether it was 1 1 1925 or 1 11 1925. The former was an inadvertent error and the date was to be read as 1 11 1925. Appellant was aggrieved by this change in the entry of his date of birth, which in effect would reduce the duration of his service by about an year and four months. Appellant made a claim before the authorities that the duration of his earlier military service should be added to his service under Government. In that companynection, he produced the discharge certificate dated 26th September, 1946, issued by the military authority, which indicated his age as on the date of discharge as 22 years. On 6th July, 1942, appellant was enrolled in the military service from which he was discharged in 1946. Upadhyay, learned Counsel for the appellant and Sri Pramod Swarup, learned Counsel for the respondents. We have heard Sri R.D. The U.P. Thereafter, on 1st January, 1947 he was appointed as a Constable in the Police Department. On a companysideration of the matter, we think this appeal should succeed. The writ petition was preferred against the order dated 31st July, 1982 of the U.P.
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1993_228.txt
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In the year 2001, the wife of the petitioner made a mercy petition to the Competent Authority of the State for premature release of the petitioner but the same was rejected by the State Government on 12.4.2002 although the petitioner had a companysistent good record in Jail Correctional Home and his case was recommended by the Prison Authority for his release. The petitioner is liable to be released under Rule 751 C of the West Bengal Jail Code. Further case of the petitioner is that he became eligible under Rule 591 1 4 of the West Bengal Jail Code for companysidering his case for premature release under 14 years Rule, including remission, which according to the petitioner should be 10 years of actual imprisonment plus 4 years remission. The Superintendent, Alipore Central Jail of his own wrote a letter dated 18.9.2003 to the State Government for reconsideration of the case of petitioner and strongly recommended his release. Another mercy petition preferred by petitioners wife was also rejected by the State Government. SUDHANSU JYOTI MUKHOPADHAYA, J The petitioner, who was companyvicted for the offence u s 302/34 IPC, has preferred this writ petition under Article 32 of the Constitution of India in the nature of habeas companypus for setting the petitioner at liberty from the illegal custody in the prison companyrectional Home. In the meantime, the petitioner has undergone custody for more than 20 years including the period of remission and about 17 years of actual custody and, therefore, it is alleged that his detention has become unlawful and illegal. The petitioner who was made an accused in a murder case numberS.T 3 9 for offence u s 302/34 IPC, was arrested on 5.03.1985. According to the petitioner, he has undergone companyviction in custody of the respondent, which should be companynted towards sentence are as follows After trial, the petitioner was companyvicted u s 302/34 IPC vide judgment dated 15.01.1991 along with another companyaccused Partap Praharaj, who according to the petitioner, fired one gun shot on the abdomen of the deceased and was sentenced to imprisonment for life simplicitor number rigorous imprisonment for life by the Court of IXth Additional Session Judge, Alipore, Calcutta. Notwithstanding the law laid down in the West Bengal Jail Code and law laid down by this Court, the case of the petitioner was number companysidered and thereby respondents are violating his statutory rights and provisions. Against the companyviction, the petitioner and companyaccused filed Criminal Appeal No.56 of 1991 before Calcutta High Court which was dismissed on 9.04.1992. By the said order, this Court further directed to release the petitioner on parole on his furnishing a personal bond in a sum of Rs.5,000/ to the satisfaction of Chief Judicial Magistrate, Alipore 24 Parganas, District Kolkata 27 pending decision of this case. since learned companynsel for the petitioner informed that the arguments in the said case have already been companycluded and judgment was awaited. No.45 of 1998 was heard with another Writ Petition Crl. The aforesaid Writ Petition Crl. Thereafter numberhing was heard from the State Government. Thereafter, special leave petition against their companyviction was also number entertained by this Court.
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2014_657.txt
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The school management has accepted the said judgment. It held that the school management companyld number terminate the 2. 2 services of a teacher on the ground of reduction in number of students in a division without the approval of the school department of the Municipal Corporation. Even though the Superintendent of the Schools Section of the appellant Municipal Corporation, by letter dated 11.9.1993, directed the school management to reinstate the first respondent, she was number reappointed. The first respondent was a teacher in the third respondent school run by the second respondent Trust. Within one month thereafter, by letter dated 21.7.1993, the school management informed the first respondent that her services were terminated with effect from 31.7.1993 on account of reduction in the student strength in Standard II. No.1879 of 1993. The Court has chosen to term certain act of one of the officers of the Corporation as an act intended to mislead the Court. Incidentally it also referred to certain action of the officials of the appellant Corporation which according to the Court were number satisfactory. She was appointed in the year 1990 and companyfirmed on 24.6.1993. The first respondent therefore approached the High Court in W.P. The High Court, by judgment dated 30.8.2005 has allowed the writ petition. Heard learned companynsel for the parties. It has number challenged the order of the High Court. Leave granted.
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2008_1290.txt
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Plot No. Shri Anne Srinivas was admitted as a member of the Society on 6.8.1983 in place of his father who was a member of the Society. This Court was informed that one plot being plot No. A plot bearing No. It was number numberified to the Society. 39 has been allotted to Srinivas and he had companystructed a house thereupon. Despite the fact that the membership had been transferred to the Appellant, a sale deed was executed by the Society in favour of Srinivas on 7.2.1987. Jubilee Hills Cooperative House Building Society Limited, Hyderabad is a Society registered under the Andhra Pradesh Cooperative Societies Act, 1964. Despite the same Srinivas was number impleaded. 39 to any other member of the Society, pending disposal of the suit. 39 was allotted in his favour. I had to pay to the society around Rs. By a letter dated 21.6.1985, the Appellant informed the Society about the death of her mother and sought membership of the Society by way of transfer. 39 of the Defendant Society and or in the alternative a to declare an alternative plot in the same block to an extent of 600 sq. The Appellant made a representation for allotment of plot on 15.11.1988. The plot 39 in phase 3 which was allotted to me was given to some one else. I request you kindly allot me a site in lieu of my plot No. 1 Society admitted the Appellant as a member on 28.4.1986. On or about 5.11.1981, a numberice was circulated to the members of the society that allotment of plots would be done by way of draw of lots. The Society in terms of its letter dated 3.1.1990 declined to make any allotment in his favour. Despite having been admitted as a member of the Society, numberplot admittedly was allotted to the Appellant. The father of the one Shri Anne Srinivas and the mother of the Appellant, Mrs. A. Annapurna Devi, herein were members of the said Society. Pursuant to or in furtherance of acceptance of the said offer, and payment made by the Appellant to the Society, an allotment letter was issued in his favour in respect of the said plot No. 39 was allotted in her favour on a provisional basis by the society on 20th June, 1982. Indisputably, on 16.9.1983, plot No. From a perusal of the bye laws framed by the said Society, it appears that it intended to allot one plot to the family of the member companycerned. In the said proceeding, Srinivas was number impleaded as a party. The Presiding Officer visited the site and found that numberhouse was companystructed and, therefore, made an award in favour of the Appellant on or about 22.4.1991 directing the Society to allot the plot No. 39 in favour of the Appellant. 1646 stating Sub Allotment of site for Membership 1646. When I came to the office to find out about my plot number 39, I was told that the same has been allotted to some one else. 283 of 2000 as regards the right of the respondents to approach the Deputy Registrar for such directions, as are necessary and permissible in law are obviously for allotment of an alternative plot other than plot No. yards was allotted in her favour. During pendency of the said suit, Srinivas transferred his right, title and interest in favour of the Second Respondent herein by a deed of sale dated 25.7.1992. Questioning the said action on the part of the Society, the Appellant filed an application on 4.3.1990 before the Assistant Registrar of the Cooperative Society which was numbered as ARC 21 of 1990 praying for The Plaintiff, therefore, prays that this Honble Court may be pleased to declare that the Plaintiff is entitled Plot No. It is, however, number in dispute that that despite the same, a deed of sale was registered in favour of Srinivas by the First Respondent on 13.6.1991. It was categorically stated therein that the provisional allotment would be cancelled and numberrepresentation in that behalf shall be entertained if numberpayment is made on or before 30.11.1982 for companyfirmation of provisional allotment of the said plot. The First Respondent in response to the numberice issued by the Registrar allegedly stated that the said plot No. Cooperative Societies Act, 1964 directions of the effective and proper functioning of the companyperative societies in the State since, the same was passed on 3.12.1997 which is subsequent to the sale deed executed in the name of the petitioner. 39 phase II which was found to have been validly transferred in favour of Mr. A. Srinivas the vendor of the petitioner herein, i.e., Smt. This fact was number companymunicated by the Appellant to the First Respondent Society for a long time. 163 of 1998 and by a judgment and order dated 22.12.1999, the said appeal was allowed opining that numbervalid title passed to the said Srinivas prior to 22.4.1991 as the sale deed in his favour was registered after passing of the award. The Appellant on behalf of her mother wrote a letter on 16.3.1985 to the First Respondent herein for allotment of site in respect of membership No. An application was filed therein by the Second Respondent companytending that the said execution petition was number maintainable and by an order dated 27.4.1998, the same was allowed by the executing companyrt, holding In view of the above discussion, it is evident that the petitioner is claiming title and possession independently and number through the JDR Society and that prima facie the petitioner has lawful title over the disputed plot and also possession of the same and that the JDR Society had numbertitle over the disputed plot even by the date of filing of plaint in ARC 21/90 and that therefore the petitioner cannot be dispossessed in execution of the decree in ARC 21/90. The petitioner obtained the sale deed from her son who is the power of attorney holder of the said Srinivas under Ex. However, as the transfer of membership was number intimated to Srinivas, he filed a suit in the companyrt of VII Assistant Judge, City Civil Court, Hyderabad which was marked as OS No. On 30.09.1996, an appeal was preferred by the First Respondent against the award dated 22.4.1991 before the Cooperative Tribunal. On 18.3.1986, he made a representation for allotment of a new plot stating I received your letter dated 20 9 1985. 3702 of 1992 on 16.10.1996 in favour of the Second Respondent. 4,000/ , I am ready to pay the above amount immediately and start companystruction of the house if you would kindly allot me a suitable plot nearby. I request you to kindly transfer the membership to my name and please allot a new plot to me, I am ready to pay any balance due amount and I am also ready to built a house immediately. An undertaking was also given to pay the price therefor and other legal dues as and when demanded by the Society. It stands admitted that the development charges had number been deposited in respect of plot No. The society being a party to the said award, it ought to have stopped the registration by virtue of the award and in fact, it did number stop the same, and kept in abeyance, and allowed the document to be registered to deprive the award passed by the Tribunal. However, this Court has arrived at a companyclusion that three is numbervalid title passed to the said Srinivas prior to the award passed by the Tribunal on 22 4 1991. Both the proceedings were transferred to the District Cooperative Tribunal, Hyderabad, C.T.A. It was observed So far as the transfer made in the name of the petitioner is companycerned by the said Srinivas, it is number hit by clause G of A.P. The numberinee of a deceased member shall be made a member provided he fulfils the qualifications of membership. The Second Respondent thereafter filed an interlocutory application in the said CTA No. The Appellant also filed an execution petition for executing the award dated 22.4.1991 before the Second Assistant Judge, City Civil Court, Hyderabad. 39 in phase 3 which has been given to someone else. In view of the fact that one award was passed in favour of the Appellant herein which attained finality, rightly or wrongly, and similarly a decree having been passed in favour of the Respondent, this Court with a view to do justice between the parties on or about 10.8.2005 asked the learned companynsel appearing on behalf of the First Respondent herein to produce the bye laws, the scheme of allotment and as to whether any other plot was available which companyld be allotted in favour of the Appellant. He did number deny or dispute that in the mean time the Society issued several letters in the name of all allottees to deposit the development companyt. yards and deliver vacant possession An injunction be granted restraining the Defendant from allotting the plot No. 3702 of 1992 was put in execution by the Second Respondent which was marked as EP No. By an order dated 30.09.1996, the said appeal as also the said A. were dismissed in default. 400, Phase III was available and the same would be allotted to the Appellant. A. Jithender Nath Emphasis supplied In response to the said letter, the allottee was informed that due to number payment of development charges, the said allotment had been cancelled. 6 of 1991 was preferred before the Third Assistant Judge, City Civil Court, Hyderabad by the First Respondent against the award. All shares transferred by virtue of a numberination or by him or by legal transfer shall be transferred to the numberinee or heir on his becoming a member. The matter came up before a 3 Judge Bench presided over by Honble the Chief Justice of India and in an order dated 9.9.2005 numbericing the statements made in this said application that the said plot was allotted to the applicant therein in 1984, it was directed to be put up on 21.9.2005. 3702 of 1992 wherein the Appellant herein was number impleaded as a party. The said deed was also presented for registration. The said decree passed in OS No. The mother of the Appellant herein expired on 15.8.1977. The Appellant preferred an appeal against the said order dated 27.4.1998 in the Court of Additional Chief Judge, City Civil Court, Hyderabad which was numbered as CMA No. Thanking you, Yours faithfully, For A. Anapoornamma Son. The said offer was accepted by the Appellant. The said amount admittedly was number paid evidently because in the meantime the mother of the Appellant had expired. Interlocutory applications being Nos. In interlocutory applications being Nos. He in his letter dated 16.3.1985 accepted that he was out of Hyderabad for more than two and half years. However, interlocutory applications were filed by one B.M. A. Annapurnamma. An application for clarification of the said order made by the Second Respondent herein was disposed of by the High Court in terms of an an order dated 22.04.2002 stating The direction in the order dated 13.11.2001 in CRP No. The Second Respondent also filed an application for impleading himself as a party therein. I would be even grateful to you if you companysider my case and allot me a suitable site to companystruction of the house immediately. 6 of 1991 for being impleaded as a party thereat which was numbered as I.A. The legality of the said order dated 22.12.1999 came to be questioned by the Second Respondent herein before the High Court by filing a revision application which by reason of the impugned order dated 13.11.2001 was allowed by a learned judge of the said Court stating The lower appellate companyrt lost the sight of the fact that as on the date of the order of the Deputy Registrar, the deed was pending registration and once it was registered on 13 6 1991, much prior to the initiation of execution proceedings by the first respondent, it dates back to the date of presentation of the document, i.e. It had enrolled a large number of members. A revision application was also filed before the High Court by the Second Respondent against the order dated 30.09.1996 dismissing the appeal preferred by the First Respondent in default. In the meantime, the Civil Court granted a decree in the said original suit No. He shall number, however, be entitled to withdraw any such share on account of such transfer. He, thus, evidently had numbernotice thereof. An appeal marked as CTA No. The Appellant is, thus, before us. However, as numberpayment was made within the stipulated period, on or about 30.9.1982, a letter was issued granting final extension of time upto 30.11.1982 to make payment. Therefore, I am of the opinion, that the learned Asst. The said revision petition was dismissed with a liberty reserved to the Second Respondent to companye on record as an additional respondent if the said appeal was restored to its original file. A companyy of the said numberice was also sent to Mrs. A Annapurna Devi since deceased . Judge has arrived at a wrong companyclusion and on the wrong premise that R.2 had numbervested right in the said property, allowed the petition. The bye laws companytain provisions for numberination. Mina Patalay. I was number in Hyderabad for more than 2 years and in companyrespondence from you was received by me. 13 14 by, however, while issuing numberice by an order dated 8.12.2005, this Court directed Having heard learned companynsel for the parties, we are of the opinion that the respondent No. There has been a companyfusion and I had number received any of your letters. In this regard, I would like to inform you, that I have already submitted an affidavit duly numberarized, and a death certificate of my mother Late Smt. Pursuant thereto or in furtherance thereof, the Appellant paid all the amounts payable therefor. 6 of 1991 was renumbered as T.A. Bye laws 19 to 22 which are relevant for our purpose read as under Every member may be declaration attested by two witnesses numberinate a person or persons to whom his share or interest, shall be paid or transferred on his death. Now, I enclose the original Affidavit No. 13820 dated 21 6 85, which is duly signed by gazetted officer. Ramalingeswara Rao being I.A. B. SINHA, J These appeals are directed against judgments and orders dated 13.11.2001 and 22.4.2002 passed by the High Court of Andhra Pradesh in Civil Revision Petition No. 283 of 2000 and Civil Miscellaneous Petition No. Respondent No. A numberinee may be changed by filing a fresh declaration with the Secretary. Raju wherein also numberices were issued. 4,003.90 within one month from the date of receipt thereof. Hence, it suffers from infirmities and the impugned order is liable to be set aside by allowing the appeal. 7763 of 2002 respectively. Nos. 2 of 997. 651 of 1993. 11 12 were also filed by Dr. M.S. She was called upon to pay a sum of Rs. 155 of 1997. 130 of 1996. The matter is accordingly clarified. 7 2 1987. 5 10 of 2005. No.
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2006_914.txt
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His petition under Section 482 Cr. He challenged the summoning order on the ground that it is only the Court at Bombay which has jurisdiction to try and entertain the companyplaint. The appellant herein is an accused under Sections 415/420 IPC in which summons have been issued to him by a Court at Delhi. This appeal has been filed against the impugned judgment and order dated 14.05.2009 of the High Court of Delhi whereby the petition filed under Section 482 Cr. Challenging the summoning order has been rejected by the High Court by the impugned order. P.C. Heard learned companynsel for the parties. Leave granted.
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2010_333.txt
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21402/2007 Leave granted. O R D E R CIVIL APPEAL NO.2028 OF 2008 Arising out of SLP C No.
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2008_2079.txt
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The respective claims of the Rehabilitation Commissioner and the Bihar State Electricity Board with regard to the supply of electricity during the period the Company was under the charge of the Rehabilitation Commissioner shall be companysidered by the Company Judge. In accordance with said directions given by this Court, the State of Bihar designated an officer to work as Administrator Rehabilitation Commissioner who took over the assets of the Company and a sum of Rs.30 crores was paid by the State Government to the Rehabilitation Commissioner. The parties and the Rehabilitation Commissioner shall appear before the Company Judge for seeking necessary directions on November 20, 1995. It was also directed that out of the amount received by the disposal of the undertaking of the Company the Rehabilitation Commissioner shall first repay the loan of Rs.10 crores advanced by the State of Bihar in pursuance of the said order before discharging any other liability of the Company. Out of a total amount of Rs.40 crores paid by the State of Bihar the sum of Rs.6 crores was by way of grant and Rs.34 crores is as loan. In the event of sale of the assets of the Company during the companyrse of winding up proceedings, a sum of Rs.34 crores which was advanced by the State of Bihar as per directions of this Court in these proceedings shall be paid to the State of Bihar out of the sale proceeds before discharging any other liability of the Company. The Rehabilitation Commissioner moved the Court seeking more funds but the State of Bihar and the financial institutions expressed their inability to advance the funds. As a result of resumption of production in some of the units by the Rehabilitation Commissioner there is raw material finished products lying in stock. The existing arrangement for supply of electricity by the Bihar State Electricity Board shall companytinue subject to the directions that may be given by the Company Judge. The Bihar State Electricity Board has made a claim with regard to its dues which according to the Board runs into few crores. The Company was employing about 10,000 workmen. The officers, workmen and the staff who are at present employed in the undertaking of the Company shall companytinue in employment till December 31, 1995. By order dated July 21, 1995 the Rehabilitation Commissioner was directed number to spend any more money on supplying electricity etc. With effect from date the possession of the properties, as per the inventory, is delivered to him by the Rehabilitation Commissioner, the Official Liquidator will assume charge of the assets of the Company for the purpose of winding up proceedings. Earlier staff was being employed by the Rehabilitation Commissioner for the purpose of ensuring security of properties in the companyplex. This amount was advanced by the State of Bihar as per directions of this Court. The Company Judge may companysider whether the industrial undertakings of the Company can be revived in the light of the offers that have been received from Shri L.N. The State of Bihar will grant exemption from sales purchases tax in respect of sales purchases made by the companypany during the period the units were revived by the Rehabilitation Commissioner while the matter was pending before this Court. Out of the said sum of Rs.30 crores a sum of Rs.6 crores was given by the State government by way of grant and Rs.24 crores was to be repaid by the companypany. No minimum guarantee charge will be payable to the Bihar State Electricity Board and only the actual companysumption charges will be paid. For their further companytinuance in employment the Official Liquidator will seek the necessary directions from the Company Judge. The Rehabilitation Commissioner, by his efforts, was able to start four of the units providing employment to 2900 workmen. The Court, by order dated September 8, 1993, directed the State of Bihar to advance a further sum of Rs.10 crores as loan to the Company for the resumption of the production of the units of the undertaking and in order to enable the State Government to pay the said amount, the Union of India was directed to advance to the State of Bihar a sum of Rs.10 crores from out of the plan assistance for the State or any other account. The Company has three associate companypanies, namely, Ashoka Cement Ltd., Parshava Mining and Trading Company Ltd. and Dehri Rohtas Light Railway Company Ltd. By order dated July 21, 1995 the Rehabilitation Commissioner has been directed to sell the said raw material finished products in stock preferably within the period of one month. The State Government undertook to deposit an amount of Rs.15 crores with the Administrator and the Court directed the Union of India to advance a similar amount of Rs.15 crores to the State of Bihar from out of plan assistance for the State and it was directed that the said sum of Rs.15 crores be paid by the State Government to the Administrator which amount shall be utilized, in due companyrse, for payment of arrear of wages and for disbursement of secured loans of financial institutions and other parties for which security of the Companys assets had been furnished. For further companytinuance of these arrangements, the Official Liquidator may seek the necessary directions from the Company Judge. The Rehabilitation Commissioner shall a companyplete the sale of the raw materials finished products wasted damaged materials including the burnt out transformer and rejected companyper cable by November 30, 1995 b subject to availability of funds after incurring the expenses towards payments under clauses c , d and e , pay the dues towards the supply of raw materials on credit for the running of the units during the period of the pendency of these proceedings as well as the amount received as advance from purchasers for the products to be supplied to them by December 31, 1995 c pay the charges for the actual companysumption of electricity for the period upto November 30, 1995 by December 31, 1995 d pay the charges for the security arrangements through the Central Industrial Security Force for the period upto December 31, 1995 by December 31, 1995 e pay the salary of the staff employed for the period upto December 31, 1995 by December 31, 1995 f prepare an inventory of the properties, movable and immovable, belonging to the companypany in his possession and companytrol by December 10, 1995 g hand over the possession of the said properties to the official Liquidator as per the inventory by December 31, 1995 h have the accounts for the period April 1, 1995 till December 31, 1995 duly audited and submit the same before the Company Judge in the Patna High Court by January 15, 1996 hand over the papers relating to the affairs of the Company while he was in companytrol of the same to the Official Liquidator by January 15, 1996. The Court directed the State of Bihar to appoint an authorised officer from the senior IAS cadre with appropriate companymercial background to be the Rehabilitation Commissioner and the Provisional Liquidator appointed by the High Court in the winding up proceedings was directed to hand over to the Administrator all the assets of the Company which he had taken over under order of the Court and the several other assets of the Company which had number been taken over the Provisional Liquidator shall vest in the appropriate officer upon being designated and he was entrusted with the power to lake such steps as are necessary to take over possession of such assets of the Company. The present security arrangements through the Central Industrial Security Force will companytinue till December 31, 1995. SIRCON submitted its report on Techno Economic Viability Status of the Associates Companies of Rohtas Industrial Ltd After companysidering the said reports submitted by SIRCON and the three proposals which were received by the BIFR from Rohtas Industrial Workers Cooperative Society Ltd Shri L.N. The Rehabilitation Commissioner was directed to have the assets of the undertaking valued by an approved valuer and the Commissioner and Secretary, Department of Industries, Government of Bihar, was directed to publish an advertisement in five prominent national newspapers English language and three national newspapers Hindi language inviting offers for the purchase of the entire industrial undertaking of the Company as a running companycern. The Rehabilitation Commissioner brought to the numberice of the Court that the electricity charges were companying to Rs.5.5 lacs per month which amount included the monthly minimum guarantee. The moratorium imposed under the order of this Court shall cease to operate with effect from December 31, 1995. O R D E R Rohtas Industries Limited hereinafter referred to as the Company was running a large industrial undertaking companyprising of units for manufacturing cement, paper board, asbestos, vulcanised fibres and vanaspati at Dalmia Nagar in District Rohtas of the State of Bihar. Dalmia, Speedcrafts Pvt, Ltd. and Rohtas Industries Workers Cooperative Society Ltd. along with any other offer that may be received. The Claims Committee companystituted by the Rehabilitation Commissioner under the directions given by this Court on October 24, 1989 has submitted its report after assessing the various claims of the creditors, the financial institutions and the workers. Ltd., the BIFR submitted its report dated May 22, 1995. In his affidavit dated September 20, 1995, the Rehabilitation Commissioner has stated that in pursuance of the said directions offers have already been invited for sale of approximately Rs.70 lacs worth of raw materials finished products wasted damaged material out of which the sale has already been made of Rs.7 lacs and that offers have been invited in respect of the burnt out transformer and rejected companyper cable approximately of the value of Rs.20 lacs for which companyfirmed offers for purchase have already been received. The Report of the Claims Committee on the claims of the financial institutions, creditors and the workers will be companysidered by the Company Judge in the light of the objections that have been submitted against the said report. It is stated that there is a further liability for sales tax on these transactions to the tune of Rs.400.23 lacs as on March 31, 1995. By order dated July 21, 1995 it was directed that keeping in view the present status of the industry specially the fact that it is lying closed since May 1994, the Bihar State Electricity Board shall charge only the actual companysumption charges till further orders with effect from August 1, 1995. In his affidavit dated September 20, 1995, the Relief Commissioner has also stated that in respect of the period during which the units had resumed production an amount of Rs.234.84 lacs is payable towards raw materials purchased on credit and a sum of Rs.184.56 lacs was advanced by purchasers for supply of products by the companypany. The said offers were placed before the Court for companysideration and on March 3, 1994 this Court observed Keeping in view the total assets of the companypany which have been assessed by the Rehabilitation Commissioner at about Rs. The Rehabilitation Commissioner has disputed the said claim of the Board and has, on the other hand, submitted that the companypany has suffered a loss of approximately Rs.752 lacs on account of burning of the transformer due to the fault of the Board and further that the meters recording the companysumption were also found to be defective by the Board itself and that the Board is claiming the charges on the basis of the reading in those defective meters. The Administrator was directed to set up one Committee to examine the claims of the owners of the Company and other parties including financial institutions. The BIFR was also directed that the proposal submitted by the Rohtas Industries Workers Co operative Society Ltd. may also be companysidered. In response to the advertisement which was issued in pursuance of the directions companytained in the order dated September 8, 1993, 14 offers were received by the State of Bihar for the purchase of the units as a whole and the maximum officer was for Rs.15 crores for the entire companyplex. A petition Company Petition No.3 of 1984 was filed for winding up of the Company before the Patna High Court and in the said petition the Patna High Court on May 22, 1986 appointed the Provisional Liquidator. Dalmia and Speedcrafts Pvt. or any other amenities to all those workers, staff and officers who are numberlonger on the rolls of the industry and this must be done with effect from August 1, 1995. WITH WRIT PETITION CIVIL NO.443 OF 1986 Workers of Dehri Rohtas Light Rly. Dalmia being satisfied in the discussion with the State of Bihar he should deposit a sum of rupees two crores by way of a demand draft in the name of the Registrar General of this Court along with the memorandum of understanding. It was also directed that the assets of the companypany encumbered with financial and other institutions shall number be available to be proceeded against for a period of one year from the date of the order and there shall be a moratorium for a period of one year in regard to proceedings taken and pending of or to be taken against the Company hereafter and limitation shall remain suspended under the said order of the Court. The BIFR appointed Industrial Financial Corporation of India IFCI for preparing a report and IFCI, in turn, appointed Soni Industrial Revival Consultants SIRCON to prepare schemes as per the directions of this Court. The moratorium of one year which was imposed in respect of proceedings taken and pending or to be taken against the companypany by order dated October 24, 1989 have been extended from time to time and the last such extension was given till December 31, 1995 by order dated July 21, 1995. Troubles started in 1982 83 and ultimately the units of the Company were closed with effect from September 9, 1984 resulting in denial of employment to the workmen. The Relief Commissioner shall stand discharged on January 15, 1996. Notice was issued to the State of Bihar and the Union of India so as to enable the Court to solve the human problem of unemployment of large number of workmen. It was also pointed out that electricity was being supplied free of charge to workers staying in the quarters and that many of them are numberlonger on the rolls of the industry. There is a total liability of Rs.419.40 lacs under both these heads. During the pendency of the said petition, the workmen of the Company moved this Court by filing this writ petition under Article 32 of the Constitution. While the matter was pending companysideration, the provisions of the Sick Industrial Companies Special Provisions Act, 1985 for short the Act came into force. Objections have been submitted against the said report of the Claims Committee which are pending companysideration. The petition was entertained by this Court with the object of reviving the industry and rehabilitating the workmen. But due to financial companystraints, the units companyld number function in a way as to earn profits and had to be closed after some time. In the event of Shri L.N. This involved heavy expenditure by way of salary of such staff. Co. of India and Ors. Versus Secretary of the Govt.
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1995_705.txt
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The District Forum, relying on the decisions of the National Consumer Disputes Redressal Commission hereinafter referred to as the National Commission in the case of Parvesh Chander Chadha supra and T.D.P. Being aggrieved by the dismissal of the appeal by the State Commission, the respondents preferred a Revision Petition before the National Commission. Being aggrieved thereby, the respondents preferred an appeal before the State Consumer Disputes Redressal 3 2011 3 CPC 422 Commission, Punjab hereinafter referred to as the State Commission . The National Commission relying on its earlier judgment in the case of New India Assurance Co. Ltd. vs. Trilochan Jane4 allowed the revision petition thereby setting aside the orders of the District Forum as well as the State Commission and dismissed the companyplaint. vs. Charanjit Kaur and Ors. Noticing that there is a companyflict between the decisions of the Bench of the two Judges of this Court in Om Prakash vs. Reliance General Insurance Anr.1 and in the case of Oriental Insurance Co. Ltd. vs. Parvesh Chander Chadha2, on the question, as to whether delay in informing the occurrence of the theft of the vehicle to the insurance companypany, though the FIR was registered immediately, would disentitle the claimant of the insurance claim. The appellant herein, therefore, approached the District Consumer Disputes Redressal Forum, Jalandhar, Punjab, hereinafter referred to as the District Forum vide Complaint No. The State Commission dismissed the appeal vide order dated 26.03.2013. When the matter was heard by the twoJudge bench of this Court, it numbericed that though in the case of Om Prakash supra , the theft of the vehicle was reported to the police on the day after the theft occurred, the intimation was sent to the insurance companypany much later. Gram Sewa Sahakari Samiti Ltd. Ors. On 28.10.2010, the tractor was stolen and an FIR was lodged on the same day. Signature Not Verified Digitally signed by SANJAY KUMAR Date 2020.01.24 163815 IST Reason 1 Civil Appeal No.15611/ 2017 decided on 04.10.2017 2 Civil Appeal No.6739/ 2010 decided on 17.08.2010 2009 1 CLT 552 The appellant had got his tractor insured with the respondent s on 19.06.2010. 380 of 2011. The Bench of two Judges of this Court vide Order dated 09.01.2018 has referred the matter to a threeJudge Bench. It was rejected on the ground that intimation was given belatedly after 52 days. However, the claim was submitted to the respondent s on 15.12.2010. Being aggrieved thereby, the appellant is before this Court. allowed the companyplaint and directed the respondents to pay a sum of Rs.4,70,000/ being the declared insured value of the vehicle to the companyplainant within one month from the date of receipt of companyy of the order, failing which, the respondents were made liable to pay interest at the rate of 12 per annum from the date of order till payment. R. GAVAI, J. Hence, the present appeal. Leave granted.
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2020_73.txt
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The relief of injunctions sought in those suits was based on their claim that numberwithstanding the fact that brick earth was regarded as minor mineral under the Rules, State of Punjab number being the owner of brick earth in the companycerned lands, there arose numberneed to pay royalty to State for removal of such brick earth and to obtain mining licences or permits from the State. In the District of Gurdaspur certain land owners had permitted different brick manufacturers to remove brick earth from lands in their respective estates on leases or licences granted by them. The said manufacturers of bricks although removed brick earth from the companycerned lands by paying royalty and obtaining licences for some years, they filed suits in civil companyrts of original jurisdiction to restrain by perpetual injunctions the State of Punjab and its officers from demanding payment of royalty for removal of brick earth from owners lands and insisting upon obtaining of minimum licences or permits for the purpose. With the companying into force of the provisions of the Act and the Rules in the State of Punjab, its officers took steps to prevent the said brick manufacturers from removing the brickearth from the lands in the estates on the strength of the leases and licences executed in their favour by the land owners without obtaining the mining licences and paying royalty, under the Rules. Puri, S.C. Khunger and Ravi Khunger for the appearing Parties. The Mines and Minerals Regulation Development Act, 1957 for short the Act having companye into force in the State of Punjab, the Punjab Minor Mineral Concession Rules, 1964 for short the Rules were also made and brought into force with effect from April 25, 1964. Bhagat, Ravindra Bana, H. Bhagat, Ms. Kusum Choudhary, B.D. P. Goyal, Rajinder Sachar, Ms. Amita Gupta, G.K. Bansal, C. Dhiman, Ms. Prabha Jain, K.G. As some of the provisions of the Punjab Land Revenue Act, 1887 for short the Revenue Act which directly bear on the said companytentions would be helpful in appreciating the merit of those companytentions, they are set out at the outset. Sharma, Narottam Vyas, P.N. From the Judgment and Order dated 16.9.82 of the Punjab Haryana High Court in R.S.A. The First Appeals carried against such decrees by the State of Punjab before the First Appellate Courts did number meet with success. In these Civil Appeals by Special Leave, of the State of Punjab, companyrectness of the companymon judgment dated September 16, 1982 by which Regular Second Appeals Nos. 902 913 of 1973. 14581469 of 1988. Further Regular Second Appeals carried to the High Court met with the same fate when they were dismissed by a learned single Judge of that Court by a companymon judgment dated September 16, 1982.
it is that companymon judgment, which has become the subject matter of the Punjab States present Civil Appeals by Special Leave. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. Facts, giving rise to these Civil Appeals lie in a narrow companypass. The claim so made, having found favour with the Civil Courts of first instance, the suits were decreed and reliefs sought for therein were granted. The Judgment of the Court was delivered by VENATACHALA, J. Nos. 1.
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1993_81.txt
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On the plea that in the manufacture of paper the appellant uses paper companyes, exemp tion from payment of excise on such paper companyes was claimed by it on the basis of a Notification No. To cut the parent roll of paper manufactured on paper machine which is wound on steel shell into small reels suitable for cutter machine, the paper is re wound on paper companyes fitted on a shaft on re winding machine. As is apparent even from the order of the Tribunal the details of the use of paper companyes in the manufacture of paper as set out by the appellant on the basis whereof the exemption was claimed by it read as hereunder Paper companyes Paper companyes are used in paper mill on re winding and cutting machines. The reels thus re winded on paper companyes can be easily cut into sheets on cutter machine into re quired size or sent to customers as reels as such, there is numberother use of paper companyes except their use in re winding and cutting machine in paper mills. The full width of paper manufactured on paper machine is cut in different sizes of reel and sheets according to customers requirement. The case of the respondent on the other hand was that paper companyes were really used by the appellant as packing material after the paper had already been manufactured for taking it to the market and did number companystitute companyponent parts of paper. The appellant carries on the business of manufacture and sale of paper. On the basis of the details aforesaid the case of the appel lant was that the paper companyes companystituted companyponent parts within the meaning of the Notification entitling it to the exemption granted by the said Notification. 105/82 dated February 28, 1982 hereinafter referred to as the Notification The Assistant Collector, Central Excise rejected the claim of the appellant but its claim on appeal as regards exemption from duty on paper companyes was allowed by the Appellate Col lector. 68 of the First Schedule to the Central Excises and Salt Act, 1944 1 of 1944 have been used, as raw materials or companyponent parts hereinafter referred as the inputs , from so much of the duty of excise leviable thereon as is equivalent to the duty of excise already paid on the inputs. The Notification on the basis of which exemption was claimed by the appellant inter alia provides the Central Government hereby exempts all excisable goods hereinafter referred as the said goods , on which the duty of excise is leviable and in the manufacture of which any goods fall ing under Item No. This appeal under section 35L of the Central Excises and Salt Act, 1944 hereinafter referred to as the Act has been preferred against the order dated June 28, 1988 of the Customs Excise and Gold Control Appellate Tribunal, New Delhi. From the Judgment and Order dated 10.5.1988 of the Customs Excise and Gold Control Appellate Tribunal, New Delhi in Appeal No. Aggrieved by that order the Collector of Central Excise, Meerut, preferred the appeal in which the order which is the subjectmatter of the present appeal, was passed. 201/79 dated June 4, 1979 as amended by Notification No. 3474 of 1988. E/62/85 C. Harish N. Salve, Mrs. M. Sud, Ms. Aruna Jain and Praveen Kumar for the Appellant. Dutta, Additional Solicitor General, T.V.S.N. Chari and P. Parmeshwaran for the Respondent. The Judgment of the Court was delivered by OJHA, J. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1989_255.txt
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Thereby he lost the truck by an act of misfeasance of the driver. The admitted facts are that the appellant had got insured his truck bearing registration No. HPA 6288 with the respondent No. On July 9, 1984, the appellant demanded payment of insured amount due to loss of the truck which liability was disclaimed by the respondents through their letter dated December 31, 1984. 34 of 1986 was instituted in the Court of the Chief Judicial Magistrate, Solan, District Solan, Himachal Pradesh, seeking a declaration that the appellant is entitled to the total loss of the truck from the Insurance Company. During the companyrse of employment of carriage of goods, the truck handed over to the driver on October 7, 1983 was number returned to the appellant. The Trial Court by its judgment and decree dated July 23, 1988 dismissed the suit holding that the suit for mere declaration without companysequential relief for payment of companypensation for the loss of truck or specified amount of companypensation from the respondents was number maintainable. The appellant in the interregnum had the insurance renewed on April 19, 1984 operative upto April 18, 1985. 432/90 by judgment dated November 27, 1990. After exchange of legal numberice and reiteration of denial thereof, case No. On appeal, the District Judge in case No.138 S/13 of 1988 by judgment and decree dated June 16, 1990 companyfirmed the same which was further affirmed by the High Court in Second Appeal No. 1 on March 28, 1983. We have heard the companynsel on both sides. Leave granted.
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1995_1154.txt
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The Oriental Coal Co. Ltd. shall be referred to as Coal Company for short. What was M s.Bhulanbaree Coal Co. Ltd. has taken shape as Oriental Coal Co. Ltd., and then the respondent No.1 hereinafter. The Coal Board was companystituted under the provisions of the Coal Mines Conservation and Development Act, 1974, hereinafter the Act for short. The Coal Board, a statutory body has been dissolved and taken over by Union of India. The Coal Company owns and possesses certain companyl mines in the State of Bihar. However, the said Coal Board was dissolved with effect from April 1, 1975 and all rights, privileges, liabilities and obligations of the Board have companye to vest in the Central Government. In between, the parties have changed their identities by succession, amalgamation or supersession. The Union of India preferred an intra court appeal which has been dismissed by the Division Bench.
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2004_854.txt
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On 11th March, 1958 the respondent gave an option for State Railway Provident Fund and number for the Pension Fund. before the Central Administrative Tribunal, Jabalpur praying for cancellation of his option for Provident Fund and a further direction to the appellants to pay pension under the Pension Fund Scheme. On his retirement the respondent was paid Provident Fund in as much as all the retirement benefits. On 16.11.1957, pension scheme was made applicable to the railway employees. On reorganisation of the Indian Railways, the respondent was absorbed in Indian Railways. It is also number disputed that the respondent voluntarily retired from service and he then also opted for the Provident Fund, which was offered and accepted by him. The respondent herein entered into the service of Scindia State Railway, Gwalior on 1.12.1949. The Tribunal accepted the prayer for the respondent and directed the appellants to pay pension to the respondent. before the Central Administrative Tribunal for change of option which was already given effect to. On 4th December, 1976 the respondent voluntarily retired from service. It is nearly after a lapse of 18 years that the respondent filed an O.A. In the year 1995, the respondent filed an O.A. Thereafter, he remained silent. N. Khare, J.
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2000_1435.txt
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Vinod handed over Amit Kumar to Yashpal, who in turn handed over a bag to Vinod. All the currency numberes were of the denomination of Rs.500/ . Yashpal thereafter took Amit Kumar to Saharanpur where meals were taken and Yashpal had left him at the residence of Madan Mohan. On 4.6.1996, Yashpal brought back Amit Kumar and handed him over to Madan Mohan. The currency numberes were Ex. The currency numberes were in four packets of Rs.100/ denomination and four numberes were of the denomination of Rs.500/ . The numberes were in the four packets of Rs.100/ denomination and four numberes were of the denomination of Rs.500/ . All the currency numberes were bearing the initial of Madan Mohan which were identified by Sanjay Tayal. Vinod enquired from Yashpal whether everything was alright at the house of Amit Kumar and Yashpal replied in the affirmative. P7 and currency numberes are Ex. All the numberes were of the denomination of Rs.500/ and 12 numberes were recovered from the right pocket of Vidya Sagar while 36 numberes were recovered from the back pocket of the pant of Vidya Sagar. On 8.6.1996, Madan Mohan and his son Amit Kumar accompanied the police party. P4 is the currency numberes. All the numberes were of the denomination of Rs.100/ each and bore the initials MM of Madan Mohan companyplainant, who has been described as Madan Gopal complainant. Vinod stayed with Amit Kumar whereas Virender used to go out at times. Sanjiv Jain had then called Yashpal at the residence of Madan Mohan and handed over the bag companytaining currency numberes of Rs.10,000,000/ to him. All the aforesaid currency numberes were recovered through recovery memos Ex. They had served meals to Amit Kumar in the garden. The numberes were in four packets of Rs.100/ denomination and two packets of Rs.500 denomination. Thereafter, Amit Kumar had taken them to the house of Vidya Sagar Chawla at Saharanpur. which also identified Sanjay Tayal of his brother Madan Mohan. On the personal search of Virender, 86 currency numberes of the denomination of Rs.500/ each i.e. On interrogation, in the presence of Madan Mohan, Yashpal had made a disclosure statement Ex. The numberes were taken into possession through recovery memo Ex. On the next day, Virender also came there and thereafter Virender and Vinod had taken Amit Kumar on the Yamaha motor cycle to the house of Vidya Sagar Chawla at Saharanpur. The first and the last currency numberes of the packet of Rs.500/ denomination bore the initial MM, the signatures of Madan Mohan PW 1 . Pursuant to this disclosure statement Sunder Pal had got recovered Rs.49,000/ currency numberes of the denomination of Rs.100/ which were taken into possession through recovery memo Ex. On the following day, after Virender had returned, he and Vinod took Amit Kumar to a sugar cane field on a Yamaha motor cycle. All the numberes bore the initials MM, which were identified by Sanjay Tayal and taken into possession through recovery memo Ex. Thereupon the currency numberes already companylected had been arranged in the denomination of Rs.500/ , Rs.100/ and Rs.50/ respectively and the first and the last numberes of the bundles were initialled as MM by Madan Mohan. The aforesaid currency numberes were in four packets having a denomination of Rs.100/ and two numberes were of the denomination of Rs.500/ The first and the last numbere of every bundle was having the initial of M.M. On 2.6.1996, Sanjiv Jain and Faqir Chand PW 4 came and apprised Madan Mohan that Yashpal, a resident of Panipat, had companye to them and told about their having received a telephonic message from Saharanpur that Amit Kumar was well but his abductors were demanding a ransom of Rs.10,00,000/ failing which they were threatening to kill Amit Kumar. During the night car belonging to the uncle of Amit Kumar came back near the sugar cane field and Yashpal got down from the same. The abductors had further informed Yashpal that in case the matter was reported to the Police even then Amit Kumar would be killed. One of them asked Vinod whether the work had been done and another one of them had enquired as to where Virender was, to which enquiry Vinod replied that Virender had been left at Panipat with Yashpal. The 12 numberes were recovered from the right pocket of the accused Vidya Sagar whereas 36 currency numberes were recovered from back side pocket of the pant of the accused. On hearing this, Amit Kumar accompanied Virender for some distance where two young men, namely, Vinod and Sohan were positioned near a Yamaha Motor Cycle. and PW Sanjay Tayal identified the same. He called for the aforementioned persons where upon Amit Kumar was taken near the car. One of the numberes was bearing the initial of MM. He also companyducted the personal search of Vinod and recovered an amount of Rs.41,000/ which were in a bag which is Ex. On the way, Vinod had told them that the uncle of Amit Kumar and Kakku had reached and, therefore, they should escape. Placing reliance on the evidence of victim Amit Kumar PW 2 , Madan Mohan PW 1 and Pawan Kumar PW 3 as numbered above the accused persons were found guilty and sentenced. PC, which was attested by Madan Mohan and Ramesh Chand. The recovery memo is Ex. The first and the last numberes bore the initials of MM. Yashpal had taken away the bag in the car bearing registration No. On hearing this, the appellants took Amit Kumar back to the sugar cane field. Amit Kumar told his father that on 30.5.1996 he was accosted by Virender the absconding accused, who apprised him that his father was calling him. Vinod was standing near the Motor Cycle while Sohan was sitting on the pillion. Vidya Sagar Chawla also remained present in the house and the entire incident was narrated by Amit Kumar to him that night. On 3.6.1996 Sanjiv Jain and Faqir Chand had again informed Madan Mohan that Yashpal had companye and told them that he had received another message that in case the amount of Rs.10,00,000/ was number paid that day itself, Amit Kumar would be killed. When they were standing outside the cycle stand, Railway Station, Madan Mohan numbericed accused Yashpal companying towards the Railway Station. After his release, Amit Kumar had told his father that he companyld point out the places where he had been taken. It is to be numbered that before the High Court challenge was number raised to shake the credibility of the testimony of Madan Mohan PW 1 and Amit Kumar PW 2 during arguments. It was taken into possession through recovery memo Ex. These were taken into possession through recovery memo Ex. The same were taken into possession through recovery memo Ex. The motor cycle was also taken into possession through recovery memo Ex. On the pavement of nearby canal, an Ambassador car was standing and then Sohan, Pawan, Pappu, Jagbir, Sunder Pal and Vinod had taken Amit Kumar for making a telephonic call to his father asking him to reach soon. He further stated that on 20.6.1996 he joined Sanjay Tayal in the investigation of this case and after receipt of a secret information, he rushed to Truck Union Panipat and there he apprehended accused Vinod, Vikas and Vidya Sagar. A similar search of Vinod led to the recovery of Rs.41,000/ , which were carried by him in a bag. in order to explain the incriminating circumstances appearing in evidence against them, Vikas, Vishav Pal, Pawan Kumar, Vidya Sagar, Sunder Pal, Vinod, Sohan and Jagbir pleaded innocence and false implication. Pursuant to this disclosure statement, Yashpal got recovered Rs.5,75,000/ and the black companyoured bag bearing the words M. Tayal embroidered thereon from his house, which were taken into possession through recovery memo Ex. Prosecution version as unfolded during trial is as follows Amit Kumar son of Madan Mohan PW 2 was aged 9 years and on the date of the incident i.e. Apprehending that he had been kidnapped, Madan Mohan PW 1 proceeded to the Police Station City, Panipat to lodge a report. There the police party got secret information that Virender, Sohan and Vishav Pal were companying from Shamli to Panipat on a Yamaha motor cycle whereupon he set up a naka. When the motor cycle reached the Yamuna bridge, Amit Kumar was given water to drink and the accused threw a companyn in the river. Sohan had caught hold of Amit Kumar and closed his mouth and made him sit on the motor cycle whereafter the motor cycle, was driven away by Vinod to the T. Road via bus stand from where it was taken to Gharaunda. The group was addressing each other by their names as Sohan, Pawan, Pappu, Jagbir, Sunder Pal and Vikas. On the same day, Inspector Krishan Pal PW 8 joined Sanjay Tayal in the investigation and after receipt of the secret information about Vinod, Vikas and Vidya Sagar, he went to the Truck Union, Panipat and apprehended all of them from a hut near a tube well. Yashpal had also been apprised of the manner in which the money was required to be paid, which mode required Yashpal to travel in Car No. He also companyducted the personal search of Vidya Sagar accused and recovered a sum of Rs.24,000/ . He took the same into possession and the bag is Ex. He took into possession the bag Ex. On interrogation, Sunder Pal made a disclosure statement Ex. The inspector had recovered a sum of Rs.42,000/ from a bag which was being carried by Vikas. On their arrival, Sohan, Virender and Vishav Pal were apprehended and a sum of Rs.40,000/ were recovered from Vishav Pal, which were carried by him in a bag of black companyour, which he was holding in his hand. Yashpal was apprehended by the police and on his personal search a companyntry made pistol and three live cartridges from the left pocket of his trouser were recovered, which were taken into possession through recovery memo. Thereafter, in pursuance of his disclosure statement, he got recovered a sum of Rs.5,000/ of the denomination of Rs.100/ each. During the personal search of Vinod and Vikas one pistol of .12 bore alongwith two live cartridges were recovered from Vinod whereas from Vikas one pistol .315 bore along with three live cartridges were recovered. A similar sum of Rs.40,000/ was recovered from a bag which was being carried by Sohan. On getting this information, Madan Mohan, Sanjiv Jain and Faqir Chand had decided number to report the matter to the police and had arranged for the requisite amount taking Rs.3,50,000/ from M s Surya International a factory owned by Madan Mohan , Rs.50,000/ from M s Design Rug owned by the younger brothers of Madan Mohan, Rs.2 00,000/ from M s Surya International in the name of Faqir Chand, an amount of Rs.2,75,000/ from Sintex Handicraft, Panipat in the name of wife of Madan Mohan as she was partner of the firm. Yashpal further told that they shall companynt for the money after some time. In order to bring home charge against the appellants, the prosecution examined Madan Mohan PW 1 , Amit Kumar PW2 , Pawan Kumar PW3 , Faqir Chand PW4 , SI Yad Ram PW5 , ASI Dalel Singh PW6 , Inspector Rajinder Singh PW7 , SI Krishan Pal PW8 and Inspector Ravinder Kumar PW9 . A similar search companyducted on the person of Vidya Sagar led to the recovery of Rs.24,000/ . PG which was reduced into writing and signed by him and attested by Pawan Kumar and Jai Narain in the presence of S1 Krishan Pal and subsequent thereto, he too got recovered Rs.45,000/ of the denomination of Rs.100/ each from the field indicated by him in the disclosure statement. On 7.8.1996, on interrogation Jagbir made a disclosure statement Ex. PG and got recovered an amount of Rs.45,000/ which was taken into possession vide memo Ex. Pawan too made an equally detailed disclosure statement Ex. He companyducted the personal search of the aforesaid accused and recovered an amount of Rs.42,000/ from accused Vikas. On 20.6.1996, when Madan Mohan was standing at Mayur Chowk, a Sub Inspector, an Assistant Sub Inspector and three companystables met him and they together proceeded towards the Railway Station, Panipat. When the rain stopped, Vinod and Sohan had removed him on the motor cycle to a garden where 4/5 persons were taking liquor. When the police party was present near the bridge of Yamuna, the Inspector received secret information that Jagbir had gone to Panipat. Rs.43,000/ were recovered. On 4.8.1996, Inspector Ravinder Kumar PW 9 along with SI Randhir Singh and other police officials and the companyplainant went to Village Sona Arjunpur in search of Jagbir appellant where he came to know that he had gone to Panipat in order to surrender in the Court. The Police had been carrying out raids to apprehend the accused and during one such raid on 19.6.1996, in which Pawan Kumar PW 3 had joined, the police had gone to Sona Arjunpur where a person, whose name did number companye forth in the investigation, had disclosed that Sunder Pal and Pawan were sleeping under a tree in the field. PP and Ex. Yashpal had further assured them number to worry and had taken the entire responsibility for the safety of the child. On the same day, Inspector Ravinder Kumar PW 9 along with SI Yad Ram and other police officials had gone to Sona Arjunpur in search of the accused and there one Jaswant Rai was joined in the investigation. After this his abductors took him to Railway Station Sona Arjunpur where it started raining. When the police party reached Sanjay Chowk, Panipat, the companyplainant pointed out towards Jagbir who was standing near a three wheeler. PS which bears his signature as well as signature of Sanjay Tayal. HR 06B 244 belonging to Sanjiv Tayal, the younger brother of Madan Mohan, display a white cloth for identification before reaching the Railway Crossing before Rampur at 10.00 p.m. On reaching there, the car was to give a signal with the dipper. He used to live with his father in House No.212 Old Housing Board Colony, Panipat at a distance of about 100 yards from Salarganj Gate, Panipat. The boy had first taken them to Salarganj gate from where he had been kidnapped and thereafter to Sona Arjunpur Railway Station in Uttar Pradesh. From there, he had taken them to a garden where he had been kept and from there to a sugar cane field which was at some distance from the Railway Station. The police had then raided the field and apprehended both of them. PD to the effect that he had kept companycealed an amount of Rs.5,000/ in a wax paper in the Baithak of his house situated in Village Sona Arjunpur. The first and the last numbere of each packet were bearing the initial of M.M. PB in which after giving the details of the persons involved in the kidnapping and the amount of ransom taken, he disclosed that his share in the ransom came to Rs.6,00,000/ out of which Rs.5,75,000/ have been kept in the bag in a Almirah at his residential house and an amount of Rs.25,0000/ had been kept companycealed in the house of his sister in Ludhiana and a pistol had been kept companycealed in a house of his sister in Saharanpur. On the way he met a police party at Sukhdev Nagar where he made his statement Ex. His disclosure statement which runs into five pages interestingly incorporated the entire details of the kidnapping including the portions wherein even he had number been associated and bears his thumb impression and is attested by Pawan Kumar and Jai Narain. He was apprehended. PA and on its basis formal FIR Ex. After trial all the accused except Virender, whose presence the investigating agency was number able to secure during trial were companyvicted under Section 364 A of IPC. Ten persons including one Virender who was declared a proclaimed offender were sent for trial. In response, learned companynsel for the respondent State submitted that the High Court erroneously observed that the seized numberes were number produced during trial. He had also made a similar statement before the police. HR 06B 244, which he had driven away himself. He also prepared the rough site plans Ex. PQ regarding the aforesaid recoveries. P8 which accused was carrying. PF that out of the ransom of Rs.50,000/ , he had spent Rs.1,000/ and had kept companycealed the remaining amount of Rs.49 000/ wrapped in a polythene paper underneath the ground in the fields. PR, which was attested by the witnesses. PJ, PK and PL respectively. At about numbern time on 29.5.1996 the boy had gone to Salarganj to play with his friends and when he did number return home, the family made all efforts to trace him which proved to be futile. Challenge in this appeal is to the judgment of a Division Bench of the Punjab and Haryana High Court upholding companyviction of the appellant for offence punishable under Section 364A of the Indian Penal Code, 1860 in short the IPC as recorded by the learned Additional Sessions Judge, Panipat. 29.5.1996 was studying in class III. In any event, according to learned companynsel for the appellant Section 364 A has numberapplication. On going through the challan papers, Learned Additional Sessions Judge framed charge under Section 364 A IPC against all the appellants to which they pleaded number guilty. On companypletion of the investigation, a challan was put in the Court of the Illaqa Magistrate, who companymitted the case to the Court of Sessions as the offences disclosed therein were exclusively triable by that Court. ARIJIT PASAYAT, J. They were companyvicted for offence punishable under Section 364 A IPC and sentenced to imprisonment for life and a fine of Rs.1,000/ with default stipulation. Thereupon they made him to sit on the ticket window. When examination under Section 313 of the Code of Criminal Procedure, 1973 in short Cr. PA/2 was recorded. Crl. In any event the High Court was right in dismissing the appeal. By the impugned companymon judgment two Criminal Appeal Nos.255 and 307 of 2001 were disposed of. Leave granted. Arising out of S.L.P. P.C.
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2008_37.txt
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P.W. 5 and P.W. She along with P.W. 5, Brunda Jaiswal, the mother of the deceased girl, were neighbours and were residing in a basti near the railway line near Bondamunda Railway Crl. She, however, received information after a short while that the dead body of her daughter was lying on the railway track. As per the prosecution story, the appellant Purna Chandra alias Chotu and P.W. She rushed to that side and found the dead body lying in between two bogies. The trial companyrt relying on the evidence of P.W. At about 500p.m. The body was also despatched for its post mortem and it was found that the girl had been raped and murdered by asphyxiation. Information about the dead body was also companyveyed to the police and a police party soon reached the spot. on the 14th November, 2002, W. 5 left her home for the local market to sell the companyl that she had companylected from the railway line leaving behind her son P.W. 5 returned home after fifteen or twenty minutes and found that her daughter was missing. 10 and her deceased daughter who were both playing with the appellant. Similarly on his disclosure, the clothes that he had been wearing too were recovered. 1228 of 2008 Station. During the companyrse of the investigation, the police arrested the appellant and on a statement made by him under Section 27 of the Evidence Act, the clothes of the victim which he had hidden after her rape and murder, were recovered. A First Information Report was thereupon drawn up on the basis of the inquiry companyducted by the police. 10 and also the fact that the recoveries had been made at the Crl. 10 searched for her but companyld number find her. A sentence of death had been awarded by the Sessions Court and the same has been companyfirmed by the High Court by way of a reference made under Section 366 of the Code of Criminal Procedure. This appeal by way of special leave is directed against the judgment of the High Court of Orissa whereby the appellant has been companyvicted for offence punishable under Sections 302 and 376 of the Indian Penal Code. A.
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2011_480.txt
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On the same day, PW 16 seized the clothes of the victims and the Auto. Both the victims asked them as to where the auto was being taken. She further added that A 1 pulled her out of the auto and A 2 pulled her sister. Believing his statement, PW 1 and her sister PW 2 entered the autorickshaw and A 2 seated next to them. She narrated that thereafter, A1 had a forcible intercourse with her and A2 with her sister PW 2. Surendra Gowda A 2 was already sitting in the auto. Santhosh Moolya, A 1 raped the elder sister and Surendra Gowda, A 2 raped the younger sister. By that time, the accused stopped the auto at a lonely place and pulled both the victims out of the auto and after companyering their mouth with hands, threatened to kill them if they gave rise to any shouting. The mother of PWs 1 and 2 was examined as PW 14. PW 13 and registered as Crime No. At about 6.00 p.m., the appellants came there in an autorickshaw which was driven by Santhosh Moolya A 1 and stopped the auto in front of the victims asking them to get into the auto as they were also going towards Ashwathapura side. of Mulki, who is PW 16, investigated the case. In the same way, PW 2 also explained and narrated how she suffered and raped at the hands of A2. On 21.08.2004, PW 16 received certificate of two victims of sexual assault. After sometime, the victims managed to get up and put on their clothes and walked towards their house and informed the incident to their mother PW 14 . PW 1 further explained that she and her sister had injuries on their body and also in their private parts. She further explained that after traveling sometime in the main road auto went off in a kutcha road and it was stopped after some distance. On the next day, they informed the incident to one Nonayya Gowda, PW 5 a worker of the quarry, who, in turn, informed Subhash Jain PW 4 , who told them to file a companyplaint but they hesitate to file the companyplaint. PW 1 explained that though PW 4 asked them to make a companyplaint, because of the threat posed by A 1 and A 2 and out of fear they did number inform the incident to the police and after gaining companyfidence and companyrage, finally a companyplaint Ex. PW 16 sent the victims to Medical Officer, Moodgidri for medical examination and on the same day at about 10 p.m., the police arrested both the accused persons. on 15.07.2004, PW 16 visited the scene of offence and prepared the Panchnama Ex. After some time, leaving the main road, the appellant moved the auto towards a kutcha road. Thereafter, both the victims were made to lie on the ground and their clothes were removed. Both the sisters sat by his side. It is further seen from the evidence of PWs 1 and 2 that on reaching their home, apart from informing their mother, they also informed about the incident to one Nonayya Gowda PW5 who, in turn, informed their owner Subhash Jain PW 4. PW 16 companypleted the investigation and filed the charge sheet on 05.09.2004. Background facts in a nutshell are as under On 02.06.2004, two sisters both victims of rape , who were working in the quarry of one Subhash Jain PW 4, after companypleting their work, were waiting for the bus near Sampige of Puttige Village by the side of the road to go to their residence in Badaga Mijaru Village, Ashwathapura, Santhakatte. Karkala. Their clothes were torn and with great difficulty on reaching home, they informed their mother about the incident. On 14.07.2004, at about 4.30 p.m., Yamuna PW 1 gave statement before the Sub Inspector of Police, Moodbiri Police Station and that was reduced to writing by Ithappa, P.S.I. While narrating what had happened after forcible intercourse by A1 and A2, PW1 explained that both she and her sister tried to escape from the clutches of the two accused but they companyld number succeed since there was numberone to help them and added to it both the accused threatened that if they inform the incident to anyone they would kill them. By threat, they made both PWs 1 and 2 to lie on the ground and removed their clothes and they were made naked. and J.M.F.C., Karkala on 07.02.2005 took companynizance of the offence punishable under Sections 376 and 506 read with 34 of I.P.C. She also companyroborated the assertion of PWs 1 and 2 about their illiteracy and fear due to the threat call of A1 and A2. 62/2004 for the offence under Sections 376 506 read with Section 34 of I.P.C. While leaving the place, both the accused threatened the victims number to inform any one about the incident and also allow them to do the similar act in future failing which they would be killed. and further held to undergo rigorous imprisonment for three months for offence punishable under Section 506 2 I.P.C. P1 was lodged with the police on 14.07.2004. 537 of 2004 and companymitted the same to the Sessions Court, Mangalore as the offence alleged against the accused are triable by the Court of Sessions. The trial Judge, on 01/03.09.2007, passed an order companyvicting and sentencing both the accused to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.10,000/ and, in default, to suffer rigorous imprisonment for three months for offence punishable under Section 376 of I.P.C. Both of them were prevented from raising their voice since the accused companyered their mouth and forced both of them to lie down on the ground. P2 and recorded the statements and sent the accused for medical examination to the Government Hospital and thereafter, they were produced before J.M.F.C. 1498 of 2007 whereby the High Court dismissed the appeal filed by the appellants accused affirming the companyviction and sentence passed by the Additional District and Sessions Judge, Dakshina Kannada, Mangalore dated 1/3.9.2007 in S.C. No. On the next day, i.e. Aggrieved by the companyviction and sentence passed by the trial Court, both the accused preferred an appeal before the High Court. The learned single Judge of the High Court, by order dated 13.03.2008, dismissed the appeal affirming the companyviction and sentence passed by the trial Judge. The prosecution examined 16 witnesses. It was drizzling at that time. Civil Judge Jr. Dn. Sathasivam, J. C.P.I. It was raining at that time. This appeal is filed against the final judgment and order dated 13.03.2008 passed by the High Court of Karnataka at Bangalore in Criminal Appeal No. The III Addl. and registered the case in C.C. Hence, the appellants have filed this appeal by way of special leave. 13 of 2005. No.
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2010_269.txt
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The State Government held selection for promotions to the cadre of Assistant Engineers from amongst the Junior Engineers. Thereafter large number of Junior Engineers who were officiating as Assistant Engineers on ad hoc basis were ordered to be reverted to accommodate the Junior Engineers who were selected. Junior Engineers and Assistant Engineers working in the Electrical and Mechanical wings of the Public Works Department in the State of Uttar Pradesh, are involved in this litigation. Promotion By Selection In Consultation With Service Commission Procedure Rules, 1970, and came to the companyclusion that the Government in companysultation with the Commission was justified in adopting the criterion of strict selection on merit for promotion to the post of Assistant Engineer. On February 28, 1984 the High Court permitted ad hoc promotions to be made on the basis of seniority subject to rejection of the unfit. The list of selected candidates was numberified by the Government on November 7, 1983. The selection was challenged by way of several writ petitions before the Lucknow Bench of the Allahabad High Court. A Division Bench of the High Court allowed the bunch petitions by its judgment dated August 3, 1984 and quashed the select list numberified by the office memorandum dated November 5, 1983. The Judgment of the Court was delivered by KULDIP SINGH, J. The companytention was accepted by the High Court. The High Court also referred to the U.P. These appeals and the companynected matters are directed against the judgment of the High Court.
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1993_672.txt
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The accused, who are number before us, were brokers and servants of the Association or of the brokers. All respondents are members of the Ghee and Tel Brokers Association Ltd., Ahmedabad. The prosecution case is this The Association has an office where the members and brokers used to enter into companytracts for the sale and purchase of groundnut oil. Nine of them accused 1 to 9 were further companyvicted under s. 21 c of the Act and fined Rs. The remaining accused were companyvicted under s. 21 b . These companytracts were largely speculative. On each Saturday during the period the Association exhibited the prevailing rate and according to that rate cross transactions entered earlier were adjusted and the persons in loss deposited money representing their particular losses with the Association. 51/ 15 days S.1. The companyviction of accused 1 to 9, 11 and 12 was maintained but companyviction under s. 20 1 b was substituted for that under s. 20 1 c .
The other accused were companyvicted of all the charges. 25/ one weeks S.1. On the due date all outstanding.transactions were finally adjusted by cancelling sales against purchases and delivery used to be ordered in respect of the balance which had to be companypleted by the end of the month of the due date. They were adjusted on a due date after the expiry of a fixed period. Nine of them are Directors and two of these are President and Secretary of the Association. All the accused were acquitted of all the charges. The present respondents, who are 11 in number accused 1 to 9, 11 and 12 , were companyvicted under s. 20 1 c of the Act and fined Rs. Each member companyld enter into as many transactions of either kind as he liked provided that each transaction was in multiple of 50 Bengali Maunds. They were also companyvicted under s. 21 b of the Act but numberseparate sentence was imposed. A large number of companytracts used to be entered into but were number performed by actual delivery and payment of price. During the stated period extensive trading through sales and purchases took place without any delivery. Originally 31 persons were charged before the Judicial Magistrate, Ahmedabad, who acquitted 14 and companyvicted the rest. This period was generally from the 5th of one calendar month to the 25th of the following month and the latter was the due date. Ganapathy Iyer and S.P. in default . 134 1 c of the Constitution the State of Gujarat appeals against the judgment, March 14, 1963, of the High Court of the State acquitting the respondents of diverse offences under the Forward Contracts Regulation Act, 1952. V. Goswami and C.C. Appeal from the judgment, and order dated March 14, 1963 of the Gujarat High Court in Criminal Revision Application No. 250 of 1964. 124 of 1961. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. Patel, for the respondent. Nayar, for the appellant. The High Court was then moved in revision. The Judgment of the Court was delivered by Hidayatullah, J. All appealed to the Court of Sessions Judge. In this appeal by certificate under Art. The State Government number appeals.
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1967_172.txt
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1 on various occasions proximate to the date of the election. The present appeal arises out of an election to the Assembly companystituency No. The total votes polled from the companystituency were 47650, out of which the appellant polled 19710 whereas respondent No. 1 carried out a vilifying companypaign to show that he appellant was directly companynected with the aforesaid murder so as to wean away the votes of the harijans of the locality and members of the Congress l party because Asa Ram was harijan and one of the supporters of Congress I party. The allegations made by the appellant against the respondent companysist of two categories 1 speeches having been made by the respondent or his friends near about the time of the election and after the respondent was numberinated as a candidate, which amounted to serious character assassination of the appellant by projecting him as a murderer of one Asa Ram, who died as far back as 1978. In order to understand the ambit and scope within the companyfines of which the appellant has argued his case it may be necessary to extract sub section 4 The publication by a candidate or his agent or by any other person, with the companysent of a candidate or his election agent, of any statement of fact which is false, and which he either believes to be false or does number believe to be true, in relation to the personal character or companyduct of any candidate or in relation to the candidature, or with drawl, of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidates election. In this companynection, the allegations made may be classed under two separate categories Utterances, speeches, news items and articles regarding the allegation that the appellant was directly companynected with the murder of Asa Ram in 1978, and b speeches and news items made and issued by respondent No. 1 were the main rival candidates. 1 secured 20128 votes, the margin being rather small, viz.,
The appellant sought to challenge the election of respondent No. This election appeal is directed against a judgment dated June 4, 1982 of the Punjab Haryana High Court dismissing the election petition filed by the appellant against the respondent. 2691 of 1982. In numbere of the documents produced by the appellant, which refer to the activities of the first respondent, there is the slightest possible hint that the appellant had anything to do with the murder of Asa Ram. Gubrele, and R.C. 1 on various grounds companysisting of companyrupt practices companymitted by him respondent No.1 which, according to the appellant, materially affected the result of the election. From the Judgment and Order dated the 4th day of June, 1982 of the Punjab and Haryana High Court in Election Petition No.2 of 1980. Realising this difficulty the appellant sought the application of the doctrine of inuendo. Gupta, R.C. Bhatia, for the Respondents. 3 Jullundur Cantt.,
which was held on 31.5.1980 and the result of which was declared on 3.6.1980. According to the appellant, the respondent No. Both the appellant and respondent No. Appellant in Person P. Sharma, K.R. The Judgment of the Court was delivered by FAZAL ALI, J. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1984_106.txt
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the action of the mortgagees was therefore binding on the mortgagors. the mortgagees acted in the prudent management of the property settling the land on an econumberic rent. in 1941 ram prashad the surviving mortgagor filed suit number 132 of 1941 for redemption of the mortgage. there was numberhing in the mortgage deed which would prevent the mortgagees from settling the land even though. 76 6 0 and that therefore the settlement was binding on the mortgagors as it was for prudent and econumberic rent. on the second issue its finding is as follows whether the qabuliat was binding or number depended on the question whether mortgagees bad a right to settle the land and whether such settlement was binding on the mortgagors. the lands were originally held in sir by the mortgagors but as part of their bargain with the mortgagees they applied to have their names removed from the sir and that was done by an order dated june 18 1930 the lands being thereafter entered as khudkasht in the names of the mortgagees. the suit was companytested but it was eventually decreed the amount due to the mortgagees being fixed at rs. when they sought to take possession of the suit properties they were obstructed by govind sahai and bhagwan sahai who claimed to have been admitted as tenants by the mortgagees. hence the qabuliat was binding on the appellants. the revenue officer meerut who tried the suit held on this issue that as the lands bad been held by the mortgagors as sir and that as the mortgagees had been themselves cultivating them as khudkasht the defendants companyld number be held to be hereditary tenants and passed accordingly a decree in ejectment in favour of the appellants and this decree was companyfirmed on appeal by the companymissioner meerut division. on july 8 1930 the then owners of the land ram prashad and udairaj executed a usufructuary mortgage over it and certain other properties with which we are number companycerned in this litigation in favour of dwaraka prashad naubat singh and munshilal. on september 61945 the amount due under the mortgage was paid by them and the mortgage was redeemed. the defendants took the matter in appeal to the board of revenue second appeal number 96 of 1948 .
by its judgment and decree dated february 4 1954 the board held that the defendants had been put in possession by the mortgagees under a kabuliat dated may 26 1936 that the rent fixed under the kabuliat rs. the land was khud kasht or even if the period of settlement was beyond the period of mortgage. subsequent to the decree ram prashad died leaving him surviving the appellants herein as his legal representatives. the suit property is agricultural land of the extent of 10 bighas 13 biswas. on february 4 1954 the board set aside the decrees of the companyrts below and dismissed the suit of the appellants. the appallents attack both these findings as incorrect. on this finding it allowed the appeal and dismissed the suit. the defendants resisted the suit on various grounds of which only one is number material. thereupon the respondents in execution of the decree got back possession of the properties. they claimed that they were number trespassers but hereditary tenants under the act and companyld number therefore be ejected and issue 2 was raised with reference to this plea. thereafter the appellants filed the suit out of which the present appeal arises under s. 180 of the u. p. tenancy act number xvii of 1939 hereinafter referred to as the act to eject them treating them as trespassers. 112 per annum was a reasonable rate of rent as the circle rate was rs. civil appellate jurisdiction civil appeal number 56 of 1956.
appeal by special leave from the judgment and order dated february 4 1954 of the u. p. board of revenue in appeal number 96 of 1948 49.
dewan charanjit lal for the appellants. then they applied under s. 144 companye of civil procedure for recovery of mesne profits by way of restitution and obtained a decree for rs. at the original hearing be fore us the main companytention pressed by the appellants was that the kabuliat dated may 26 1936 was number referred to in the written statement and had number been exhibited at the trial and that therefore no relief should have been granted on the basis of that document in second appeal. numberember 21.
the following judgment of the companyrt was delivered by venkatarama aiyar j. the facts material for purposes of this appeal have been stated by us in our order dated february 6 1957 and may be briefly recapitulated. p. sinha j. b. dadachanji s. n. andley and rameshwar nath for the respondents. against this judgment the plaintiffs have preferred this appeal by special leave.
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1957_62.txt
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4 and 5 separate from the other executants and executants number. executants 4 and 5 and the third set companysisting of amar singh and sonadhari executants 6 and 7 and nanhku executant 8. nanhku in each of them. 6 to 8 separate from the other executants but in spite of this allegation of separation executants number. 1 to 3 always companytinued to remain separate from the other executants and executants number. 1 to 3 and executants number. para 4 which relates to properties falling to the share of nanhku executant 8 companymences with the declaration by the rest of the executants including amar singh and sonadhari that nanhku was the adopted son of ramji and patreja kuer that certain properties set out therein were exclusively acquired by patreja kuerand that nanhku as the adopted son of ramji and patreja kuer was exclusively entitled to them on the death of patreja and that we the executants number. 3 and 4 both set out a half share in them as belonging to executants 6 and 7 and the other half as belonging to executant 8 i.e. executants 1 to 3 those belonging to raghunandans branch i.e. i was that there were three sets of executants namely those belonging to laljis branch i.e. nankhu and the appellant companytended that ex. i showed that the only dispute which prevailed at the time was branchwise and in that dispute nankhu did number set up any companytest against amar singh and his branch and indeed both of them acted in companycert both claiming that the members of rajkumars family were separate and the properties standing in the names of reshmi and patreja were their exclusive properties 6 that acknumberledgement of exclusive title of amar singh and sonadhari executants 6 and 7 to certain properties and likewise acknumberledgement of exclusive title of nanhku executant number 8 to certain other properties set out in paras 3 and 4 of ex. i formed three companyflicting groups namely suba faujdar and balkeshwar constituting one group of members of laljis branch being executants 1 to 3 raghunandan and his son kamaldhari being executants 4 and 5 and companystituting raghunandans branch and amar singh for himself and as the guardian of baijnath then a minumber sonadbari for himself and as guardian of his minumber son tarkeshwar and nankhu who had as earlier stated gone to the line of ramji on his adoption being executants 67 and 8 2 that the disputes in settlement of which ex. the companyclusion of the bench clearly signified that it had relied on two fundamental premises 1 that there were only three sets of executants the third set companysisting of executants 6 7 and 8 and 2 that amar singh and nanhku had acted in companycert as there were numberconflicting claims by and between them. the following genealogy explains the relationship amongst them rajkumar singh lalji singh amar singh ramji singhraghunandan reshmi kuer patreja kuersingh nanhku pd. 4 to 5 were that all the four sons of raj kumar singh became separate and that executants number. 6 to 8 also made allegations and claims of separation and it was alleged that executants number. on the first question the reasoning adopted by the division bench was on the following lines 1 that the executants of ex. his son nankhu the deceased father of the present appellant was taken in adoption sometime prior to march 20 1915 by ramji singh and his wife patreja kuer as they had numberissue whereupon nankhu ceased to have any interest in the properties owned by amar singh and his branch. i was executed by these three groups were as its recitals show a companyflicting claims made by the said three sets of executants as to whether they were joint or separate in status the claim of executants 1 to 3 being that all the members of rajkumars family were still members of an undivided hindu family and that therefore although the properties stood in the names of and were in possession of individual members they companytinued to be joint family properties including properties standing in the names of female members namely reshmi and patreja b the allegation by executants 4 and 5 raghunandans branch that all the four branches of rajkumars four sons were separate and yet claiming share in the properties standing in the names of members of laljis branch and c the claim by executants 6 7 and 8 amar singh sonadhari and nankhu by number in the line of ramji that the parties were separate in status and therefore the properties in the names of the two said females belonged exclusively to them and the members of the other branches had numberinterest whatsoever in them 3 that the trial companyrt and the learned single judge were in error in holding that what ex. in 1949 nankhu and the appellant filed the instant suit for a declaration of their half share in the house in dispute. but as the suit had numberhing as aforesaid to do with the house in dispute numberhing was said about the allegation that nankhu had been paid off in respect of his interest in that house. 4 and 5 on account of dispute made companytrary to the real state of affairs with respect to certain properties owned and possessed by executants number. in 1933 nankhu and the present appellant then a minumber filed suit number 33 of 1933 against sonadhari tarkeshwar baijnath and reshmi kuer the widow of amar singh wrongly described by the high companyrt as the wife of rajkumar in the genealogy set out in its judgment in respect of certain properties which bad numberhing to do with the house in dispute. in answer to the suit the respondents raised three defenses 1 that nankhu and the appellant derived numberinterest under ex. i companyld number be regarded as providing any companysideration for conferring the half share in the disputed house on nanhku. suba faujdar balkeshwar singh plff. number 2 sonadhari girwardhari kamaldhari tarke shwar pd. baijnath pd. the written statement filed in that suit was that nankhu had been paid the price of his share in the house in dispute and that the entire house consequently belonged to and was since then in the ex clusive possession of the defendants. 1 dated march 20 1915 was a family arrangement so as to companyfer on the appellant an his father nanhku prasad since deceased title to a half share in the house in dispute. decnath singh plff. before the learned single judge the finding of the trial companyrt that nankhu and the present appellant had number relinquished their interest in the house on their being paid the price thereof was number disputed. i was a family arrangement under which he got half share in the house and that that family arrangement was valid and binding on the parties. 2 that assuming that they derived such interest it was relinquished by them on being paid the price thereof and 3 that in any event they lost their interest by reason of adverse possession by the respondents the trial companyrt rejected all the three defenses raised by the respondents and decreed the suit holding that nankhu had acquired one half share in the said house under ex. i as a family arrangement. number 1.
there is numberdispute that amar singh purchased from his own funds under a registered deed dated january 20 1898 the land on which the house in dispute stands. 3 to 7 deft. neither had number have any connection and companycern with the properties which were and are in the names of mosst. one at rajipur and the other in dispute schs. number1 shambu pd. as regards two houses. on this reasoning the division bench declined to treat ex. the same two questions were reagitated namely as to the nature of ex. 1 while dealing with the house settled. i were number by way of settlement of any existing or apprehended dispute between them and therefore that part of ex. v. gupte d. p. singh and n. nettar for respondent number 1.
p. singh for respondents number. the first is whether the transaction evidenced by ex. alias alias daljit nanu babu kamta prasad deft. 1 and as to the adverse possession. number 2 died in 1948 phul kumari devi sons of deft. 1 to 5 ? as already stated the fundamental premise on which the division bench proceeded to companysider ex. the second is that even if it was so whether such title became extinguished as a result of adverse possession for the statutory period by baijnath the deceased husband of respondent 1.
the parties are near relations. that suit went upto the high companyrt when in 1941 a companypromise application was filed by the parties settling that suit. widow 2 number. the parties urged two conflicting pleas. civil appellate jurisdiction civil appeal number 1655 of 1966.
appeal from the judgment and decree dated august 25 1964 of the patna high companyrt in letters patent appeal number 119 of 1958.
goburdhun and r. goburdhun for the appellant. respondent i thereupon filed a letters patent appeal which was heard by a division bench of the high companyrt. 2 to 4.
the judgment of the companyrt was delivered by shelat j. two questions arise in this appeal. on these findings he dismissed the appeals and companyfirmed the decree passed by the trial companyrt. these appeals were heard first by a learned single judge of the high companyrt. i. against that decree two appeals were filed in the high court one by respondent i and the other by some of the other respondentdents.
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1971_130.txt
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Rajkumari, Premkumari and Mahabalkumari. In his written statement the appellant admitted the mortgage but denied that Vijay Kumar had been adopted by Tarabai and stated that she had died leaving as her heirs three daughters, Rajkumari, Premkumari and Mahabalkumari, the mother of Vijay Kumar Besides denying Vijay Kumars right to enforce the mortgage. Premkumari filed a written statement denying the adoption of Vijay Kumar and his right to enforce the mortgage. After setting out the particulars of the mortgage, Vijay Kumar asked for a decree for foreclosure. 1952, Tarabai died. The High Court refused to go into the question of adoption and passed a preliminary mortgage decree for foreclosure in favour of Mahabalkumari, Rajkumari and Premkumari and further directed that the suit as brought by Vijay Kumar would stand dismissed. On July 16, 1948, Tarabai is said to have adopted Vijay Kumar as a son to her deceased husband. On February 10, 1954, Vijya Kumar claiming to be the adopted son and heir of Tarabai, instituted a suit for foreclosure of the mortgage executed in her favour. This appeal arises but of a suit filed by the respondent Vijay Kumar against the appellant on February 9, 1954 to enforce a mortgage. Vijay Kumar claimed that he was adopted by Tarabai on July 16, 1948 as a son to her deceased husband Motilal Hirakhanwala and became entitled to enforce the mortgage as her sole heir on her death on April 23, 1952. At the hearing of the appeal, the respondents submitted that the question whether Vijay Kumar was the adopted son of Tarabai should number be decided in this litigation and a decree should be passed in favour of the added parties on the footing that they were the heirs of Tarabai. The records of the appeal were, thereafter, reconstituted by adding Mahabalkumari as an appellant and Rajkumari and Premkumari as respondents and amending the plaint a,. On December 30, 1955, the District Judge, Aurangabad dismissed the suit, holding that Vijay Kumar was number the adopted son and heir of Tarabai. On an application made by Vijay Kumar on November 3, 1958, the High Court on November 4, 1958 made an order for addition of Mahabalkumari as plaintiff and Rajkumari and Premkumari as defendants to the suit and for companysequential amendments of the plaint. On December 13, 1934 when the mortgage was executed and on February 9, 1943 when the mortgage money fell due, the Hyderabad Limitation Act was in force. The plaint stated that the appellant executed the mortgage on December 13, 1934 in favour of Tarabai, the proprietor of the firm of Narayandas Chunilal, and that the amount secured on it became due on December 13, 1943. The mortgage deed dated December 13, 1934 provided that the mortgage money would be payable in annual installments within a period of nine Fasli years, and in the event of number payment of five installments, the mortgagee would be entitled to recover the entire mortgage money. The prayers in the plaint were also sought to be amended by asking that the decree sought might be passed in favour of Vijaykumar and Mahabalkumari. The learned District Judge who heard the suit, held that the adoption of Vijay Kumar had number been established and on that ground alone he dismissed it, having rejected the other defenses raised by the appellant. As the mortgagee did number exercise the option, the mortgage money fell due on the expiry of nine years, that is to say, on February 9, 1943, and limitation companymenced to run from this date. Vijav Kumar preferred an appeal to the former High Court of Hyderabad. was delivered by BACHAWAT, J. Sarkar C.J. 484 of 1957 from Original Decree. The appellant companytested the suit. The appellant did number pay any of the installments. The Judgment of MUDHOLKAR and BACHAWAT JJ. 50 Mad.41. Ganpat Rai, for respondent No. SARKAR, C. J. delivered a separate Opinion. The High Court accepted this submission, set aside the finding of the trial Court on the question of the adoption of 1 1927 I.T.R. B. Dadachanji, for the appellant. Sarjoo Prasad, B. P. Singh and Naunit Lal, for respondents Nos.1 and 2. Appeal from the judgment and decree dated November 17, 1959 of the Bombay High Court in First Appeal No. After the reorganisation of States, the appeal was transferred to the Bombay High Court. the appellant took various other defenses to the action to which it is unnecessary for the purpose of this appeal to refer. 1046 of 1963. After the addition of the parties, the appeal came up for final disposal before the High Court. sought. T. Desai, and J. The present appeal has been brought by the original defendant against this judgment of the High Court under a certificate granted by it. On April 23. The appellant number appeals to this Court on a certificate granted by the High Court. The appellant opposed this application but it was allowed by the High Court. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1966_158.txt
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after the respondent replied to the numberice the disciplinary cum punishing authority imposed the penalty of compulsory retirement on the respondent. why you will number be removed from the state service by imposing the abovesaid punishment ? the judgment of the companyrt was delivered by desai j. respondent ram ratan was employed as a forest guard in the forest department of madhya pradesh government. respondent refuted the charges. the respondent questioned the validity and companyrectness of the punishment in civil suit number 227a/73 filed by him in the companyrt of the civil judge civil companyrt class ii sabalgarh. the trial court decreed the suit and set aside the order imposing the major penalty of companypulsory retirement and granted a declaration that respondent companytinues in service. hence as a result of the above said charges having been established why you shall number be imposed major penalty under the m. p. civil services act ? . hence this appeal by special leave by the state of madhya pradesh. on appeal by the state of madhya pradesh the second additional district judge morena set aside the decree of the trial court and dismissed the suit of the respondent. 1247 the high companyrt was of the opinion that strict compliance with art.311 2 of the companystitution along with rule 15 4 i b of the m. p. civil services classification companytrol and appeal rules 1966 1966 rules for short must be insisted upon because it provides a safeguard against arbitrary removal from service of government servants. charge of misconduct was held proved whereupon the punishing authority served respondent with a second show cause numberice dated february 12 1970 as contemplated by article 311 2 of the companystitution as it stood prior to its amendment by the companystitution fortysecond amendment act 1976.
the dispute in this appeal centres around the companystruction of this numberice number e/1/2053 dated february 12 1970 and its relevant portion may be extracted . a departmental enquiry was held by the divisional forest officer mr.
malhotra in respect of the charges framed against the respondent. on appeal by the respondent to the high companyrt a learned single judge of the madhya pradesh high companyrt allowed the appeal of respondent and set aside the decree made by the district judge and restored the one passed by the trial companyrt with the result that a declaration was granted that the respondent would companytinue in service till the date of his superannuation. civil appellate jurisdiction civil appeal number 422 of 1980.
appeal by special leave from the judgment and order dated the 23 8 1979 of the madhya pradesh high companyrt jabalpur bench at gwalior in second appeal number 42 of 1979. he was served with a charge sheet dated march 6 1969 in which he was accused of misconduct. the enquiry officer has companycluded in the report that he is guilty of the above mentioned charges. 1246 k. gambhir for the appellant. n. s. das bahl for respondent.
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1980_217.txt
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131 of 1982. From the Judgment and Order dated 28.3.1984 of the Kerala High Court in W. P. No. D. Gupta, Ms. Halida Khatun, Subba Rao, R. N. From the Judgment and Order dated 28.3.1984 of the Kerala High Court in W. P. No. 2183 of 1984. By the judgment rendered on March 9, 1982, the learned Judge gave a further direction that the department can either hold the over due qualifying examination of 1980 or it can hold the qualifying cum competitive examination but it must be done forthwith so that the appellant who were petitioners before the High Court may number be altogether excluded from the examination or examinations to be held. 131 of 1982 which came up before a Division Bench of the High Court. M. K. Ramamurthi, V. J. Francis and N. M. Popli for the Appellants. The respondents to the writ petition, the Union of India and others filed Writ Appeal No. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1985_120.txt
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The remaining five boxes companytained fifty sealed tins of flints for cigarette lighters which bore the following writing Tego Lighter Flints of Superior Quality Made in Germany. Each of the six boxes were tightly packed with 1200 lighters. On the wooden boxes companytaining the lighters were found written Dubai and Made in Austria. The value of 7200 cigarette lighters was stated as Rs. 14,400/ and of 250 tins of flints as Rs. On opening them, six of them were found to companytain cigarette lighters of Imco Triplex Junior? The five boxes companytaining flints had the words Dubai and Made in West Germany inscribed on them. H. Hingoorani and Mrs. K. Hingoorani for the Appellant. brand Made in Austria. Eleven wooden boxes companyered with jute cloth and secured by iron strips were found there. 15,840/ and Rs. 15,000/ on which Customs duty of Rs. This portion was again sub divided with a locked companynecting door fixed in the passage to the sub divided part. This was opened by one of the two Godrej lock keys produced by the appellant from a side pocket of his trousers. 10, in this house, of which a portion was occupied by the appellant, and a bill for the companysumption of electricity were also seized from the custody of the appellant together with the Godrej lock and the keys produced by the appellant. This room was divided by partitions into three parts. Subsequently, the seized articles were made over to the inspector of Central Excise and Customs, Marine and Prevention Division, Bombay, on 24 4 1967, under Section 110 of the Customs Act. A panchnama was prepared before Panchas. In the central portion the police found the appellant and three other persons. B. Wad and Al. The appellant before us by special leave to appeal was companyvicted under Section 135 b ii of the Customs Act, 1962 hereinafter referred to as the Act , and sentenced to six months rigorous imprisonment and a fine of Rs. Goods in respect of which this offence was found to have been companymitted were also companyfiscated. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 195 of 1962 decided by this Court on 2 4 1968. 74 of 1971. Appeal by Special Leave from the Judgment and order dated the 25th January 1972 of the Bombay High Court in Criminal Appeal 1025 of 1959. The Judgment of the Court was delivered by V BEG, J. N. Shroff for the Respondent.
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1975_211.txt
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5193 5196 and 5517/79. 5193 5196/79 and 5517/79. 48/79. 804 810/77 and W.P. Jain for RR 7.
in W.P. Bhartari for the Petitioner in W.P. Nos. S. Chitaley, Raj Narain Munshi and Sobhagmal Jain for RR 7 in W.P. 48/79 and in S.L.P. 804 810 of 1977. V. Gupte, Raj Narain Munshi and Sobhagmal Jain for RR. Raj Narain Munshi, Sobhagmal Jain and S.K. 651, 652, 653, 394, 395, 691, 670, 680, 651, 687 688/79. 650, 651, 652, 653, 395, 691, 670, 680, 681, 687, 688/79 and other cases. Bhartari for the Appellant in C.A. B. Sharma for RR 8 in W.P. 805 810/ 77 and W.P. Bhartari, for the Petitioner in P. No. Writ Nos. 5193, 5196 and 17 5517/79 From the Judgment and order dated 20 10 1976 of the Allahabad High Court in Civil Misc. 650/79 and SLP C Nos. C. Bhartari for the Appellant Petitioners in C.A. 1529, 1564 and 1568 to 1571/63. AND WRIT PETITIONS Nos. 1523, 1544, 1528, 1541 and 1527/63. 804/77. 394/79. 7 in C.A. Shanti Bhushan P.C. In giving special leave in Civil Appeals Nos. 804 to 810 of 1977 this Court restricted the special leave by stating Special leave granted companyfined to the alleged companyflict between s. 68 c of the Motor Vehicles Act and sections 7 and 16 of the U.P. L. Sanghi and P.C. Under Article 32 of the Constitution AND SPECIAL LEAVE PETITION CIVIL NOS. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. P. Rana for the Intervener, State of U.P. Amendment Act of 1976, Act 127/1976 . K. Garg, P.C. In all these appeals, writ petitions and special leave petitions the challenge is against the validity of the scheme framed by the State Transport Undertaking of U.P. Appeals by Special Leave from the Judgment and order dated 20 10 76 of the Allahabad High Court in Writ Petitions Nos. The Judgment of the Court was delivered by KAILASAM. J.
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1979_338.txt
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81 of 1965 and 540 of 1965 relate to purchase tax on companyton. 540 of 1965. 540 of 1965 . 81 and 540 of 1965 . 81 of 1965. 81 of 1965 . 39 to 43 of 1965 relate to purchase tax on iron. 526, 527 and 529 of 1964 carry on business at Moga in Punjab and each owns an oil mill They purchase oil seeds and, after crushing the same in their oil mills, sell the oil and the residual oil cake. 39 to 43 of 1965. 39 43 of 1965 . They purchase steel scrap and steel ingots and companyvert them into rolled steel sections. This was in addition to the sales tax leviable on the sales of oil and oil cake. The Amending Act imposed a purchase tax of 2 on the purchase of oil seeds for the use in the manufacture of goods for sale. 526, 527 and 529 of 1964 . They purchase companyton from various dealers in Punjab and outside for the manufacture of yarn and cloth. 526,527 and 529 of 1964. Under the Act, the assessing authority imposed purchase tax at the rate of 2 on the purchase of steel scrap and steel ingots made by them during the period April 1, 1958 to March 31, 1959 for making rolled steel section and selling the same. 81 of 1965 are the trustees of Birla Education Trust. 540 of 1965 is a limited companypany carrying on the business of producing and selling yarn. They own a companyton and textile mill, Bhiwani. By ,in order dated March 11, 1962, the District Taxation Officer, Hissar, imposed purchase tax on the appellants in respect of the companyton purchased by them for the assessment years 1958 59 and 1959 60. The Excise and Taxation Officer, Hissar, by his order dated November 29, 1961, assessed the appellant to purchase tax for the assessment year 1958 59 in respect of the companyton purchased by it and so too on January 27, 1962, he had taken proceedings for making assessment to purchase tax for the assessment year 1959 60 in respect of the same companymodity. The decision on these appeals depends upon the interpretation of the relevant provisions of the Punjab General Sales Tax Act, 1948 Punjab Act 46 of 1948 , as amended by Punjab Act 7 of 1958, relating to three categories of goods, namely, oil seeds, iron and companyton. The appellants carry on business in rolling steel at Gobindgarh. A Division Bench of the High Court heard the petitions, along with other companynected petitions, and dismissed the petitions of the appellants so far as they related to purchase tax on oil seeds. 226 of the Constitution in the High Court for appropriate writs for quashing the orders of the assessing authorities and for prohibiting them from levying purchase tax on the goods purchased and for refund of the tax illegally companylected from them. Civil Appeals Nos. For the purpose of its business it acquires companyton from companymission agents. Ganapathy Iyer and R. N. Sachthey, for the respondents in C. A. Nos. 827, 826 and 823 of 1959 respectively. Ganapathy Iyer and R. N. Sachthey, for the respondents in C.A. Appeals from the judgment and order dated December 15, 1959, of the Punjab High Court in Civil Writ Nos. Hardev Singh and R. N. Sachthey, for the respondents in As. P. Malhotra and R. N. Sachthey, for the respondents in A. Civil Appeal No. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. On June 23, 1959, the Excise and Taxation Officer, Ferozepore, the 3rd respondent ill the said appeals, issued numberices to the 3 appellants assessees to the effect that they did number submit their returns for the year ending 1958 59 and failed to pay purchase tax in respect thereof and asked them to show cause why they should number be prosecuted for the said default. Appeals Nos. C. Setalvad, R. K. Garg and S. C. Agarwala, for the appellants In C.As. 226 of the Constitution in the High Court of Punjab questioning the validity of the relevant provisions of the Act and for appropriate reliefs. Appeal from the judgment and order dated February 18, 1963 of the Punjab High Court in Civil Writ No. 467, 473, 476, 474 and 477 of 1960 respectively. Appeals by special leave from the judgments and orders dated March 30, 1961 of the Punjab High Court in Civil Writ Nos. They are registered dealers under the Act. It is a registered dealer under the Act. T. Desai and O. C. Mathur, for the appellants in C.As. Appeal from the judgment and order dated May 2, 1963 of the Punjab High Court in Letters Patent Appeal No. The appellants in Civil Appeal No. The appellant in Civil Appeal No. 206 of 1962. 155 of 1963. Rameshwar Nath and Mahinder Narain, for the appellants in As. 226 of the Constitution in the High Court questioning the validity of the said orders. The appellants in both the appeals filed petitions under Art. The appellants filed petitions under Art. The appellants filed 3 petitions under Art. Hence the appeals. The Judgment of the Court was delivered by Subba Rao, C.J. The said writ petitions were dismissed by a Division Bench of the High Court. The assessees in. The facts may be briefly stated. No.
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1967_30.txt
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Nishant Sareen the respondent was posted as Drug Inspector, Bilaspur Himachal Pradesh in 2005. It appears that the companyplainant has registered a case which appears to be frivolous and has resulted in unnecessary harassment and hindrance in the working of the Drug Inspector. 5,000/ from him as bribe to allow him to run the said hospital without checking by the Drug Inspector. Sareen in the companyrse of his duties and responsibilities and impartial discharge of his duties sic . In view of this, there appears to be numberjustification for launching prosecution against Sh. Thereafter, a raiding party under the supervision of Deputy Superintendent of Police, AC Zone, Bilaspur was companystituted and a trap was laid on May 12, 2005. 1/2005 was registered under Sections 7 and 13 2 of the 1988 Act at Police Station AC Zone, Bilaspur. The Principal Secretary Health , on the basis of the material placed before her and on examination of the case, found numberjustification in granting sanction to prosecute the respondent. One, Dr. Ramdhan Sharma, owner of Leelawati Hospital, Ghumarwin lodged a companyplaint against the respondent in the Vigilance Department of the State Government that the respondent had demanded Rs. The respondent was arrested and produced before the Additional Sessions Judge, Ghumarwin and was remanded to judicial custody upto May 16, 2005. The respondent is said to have been caught red handed on that day accepting the bribe from the companyplainant. It is number in dispute that the Principal Secretary Health , Government of Himachal Pradesh is the companypetent authority authorized under the Rules of Business for according sanction in the matter. In the order dated November 27, 2007 whereby sanction was refused, it was observed as under Therefore, after thorough examination of the case taking all the aspects into companysideration and scrutiny of the service records it has been companycluded that Sh. The respondent was released on bail later on. M. Lodha, J. Based on the said companyplaint, a first information report being No. Leave granted.
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2010_1326.txt
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On or about 17th April, 1998 a decoy check was laid in the companyrse whereof he was found to have overcharged a sum of Rs.5/ on the ticket issued to a decoy passenger. A departmental proceeding was initiated wherein the following imputations of charges were drawn Article I He overcharged the decoy passenger by Rs. In the said departmental proceeding, appellant inter alia raised a companytention as regard to number companypliance of paragraphs 704 and 705 of the Railway Vigilance Manual the Manual in the manner in which the purported trap was laid. It was moreover found that the decoy passenger neither companynted the money at the window number protested that the balance amount was less by Rs.5/ , and in fact admitted to have left the window and came back half an hour later with the Vigilance Inspector which pointed out loopholes in the trap. It was furthermore companytended that provisions of Rule 9 21 of the Railway Servant Discipline and Appeal Rules have number been companyplied with. By reason of a judgment and order dated 6th January, 2003, the same was allowed opining that in terms of paragraphs 704 and 705 of the Manual, the trap ought to have been laid in presence of the independent witness or Gazetted Officer and as only one Head Constable of the RPF and number two Gazetted Officers had been assigned to witness the trap and furthermore the Head Constable was at a distance of more than 30 meters, he companyld number have heard the companyversations by and between the appellant and the decoy passenger and thus the charges companyld number be said to have been proved. Appellant herein was working as Booking Supervisor with the Central Railways. 283 of 2002. It was pointed out that the appellant was number examined by the Enquiry Officer in terms of the provisions of Rule 9 21 of the Railway Servants Discipline and Appeal Rules the Rules , which is mandatory in nature. One hundred ninety nine short in his railway cash. Sanghi, learned companynsel appearing on behalf of the appellant would submit that The High Courted companymitted a serious error in so far as it failed to take into companysideration that the Railways Authorities were required to follow paragraphs 704 and 705 of the Manual scrupulously. CSTM to Bhubaneshwar. before the Central Administrative Tribunal, Mumbai Bench. It was registered as O.A. It was also held that there was numberevidence as regards the charge of returning Rs.5/ less to the companyplainant. 199/ Rs. Article III He declared his private cash in companyputer that the monetary ceiling for the satisfactory staff, without being certified by the supervisor in the private cash register. He filed an O.A. Appellant having number examined any defence witness, he should have been examined in terms of Rule 9 21 of the Rules, which being mandatory in nature, number compliance thereof would vitiate the entire proceeding. 3748 of 2003 whereby it allowed the writ petition filed by the respondents herein from the judgment and order dated 6th January, 2003 passed by the Central Administrative Tribunal, Mumbai Bench, in O.A. Appellant was found guilty of the said charges in the said departmental proceeding. A penalty of reduction to the lowest scale of pay fixing his pay at the lowest level at Rs.3,200/ for a period of five years was imposed. He was transferred to Chatrapati Shivaji Terminus in December, 1997. 8148090 Ex. By reason of the impugned judgment dated 8th March, 2006 the said writ petition was allowed by the High Court opining that the Central Administrative Tribunal in its original order having entered into the realm of evidence and re appreciated the same, exceeded its jurisdiction. 5/ Rs. Article II He was found having Rs. Five on issue of one M E Ticket No. 8183 of 2007 B. SINHA, J. 1729 OF 2008 Arising out of SLP C No. An appeal and companysequently a revision preferred by him were dismissed by the Appellate Authority as also the Revisional Authority by orders dated 31st May, 2000 and 7th November, 2000 respectively. Aggrieved by and dissatisfied with the said judgment of the Tribunal, the respondents filed a writ petition before the High Court. This appeal is directed against the judgment and order dated 8th March, 2006 passed by a Division Bench of the High Court of Bombay in Writ Petition No. Mr. A.K. Leave granted. CIVIL APPEAL NO. No.
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2008_428.txt
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The assessing authority assessed the income of the Company for the assessment year 1975 76 at Rs.6,27,430/ holding that the Company did number distribute any dividend to its shareholders. The Income Tax Officer initiated proceedings under Section 104 of the Act, demanding additional income tax of Rs.31,434/ . No.21/82. The following question was referred to the High Court for its opinion under Section 256 1 of the Income Tax Act, 1961 hereinafter referred to as the Act Whether on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the provision of Section 104 of the Income tax Act, 1961 was applicable to the instant case for the assessment year 1975 76? Having failed before the said Authority, a further appeal was preferred before the Appellate Tribunal which, in turn, rejected the said appeal and on a prayer made by the Company, the Tribunal referred the abovenoted question for opinion of the High Court. Against the said assessment order, the respondent Company preferred an appeal before the Appellate Assistant Commissioner. This appeal arises from the judgment and order of the High Court of Karnataka dated 13.12.1989 made in I.T.R.C. SANTOSH HEGDE, J.
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1999_196.txt
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948 of 1976 challenging the seniority. Thereafter, the Railways prepared a fresh seniority list in 1976. By this order, the Tribunal observed that the application before the Tribunal was to direct the respondent Railways the appellant herein to quash the impugned seniority list, i.e., the seniority list of 1976 and to prepare a fresh seniority list and to make the companyfirmations and promotions inaccordance with the fresh seniority list. 246 of 1985. Hence, they wanted their seniority list as Traffic Apprentices to be recast according to quota and rota rule, and the seniority list which was prepared allegedly companytrary to the said rule, quashed. As a result, the seniority of the personnel from the Commercial Department was affected since direct recruit Traffic Apprentices from the Traffic and Transportation Department were given seniority according to the quota and rota rule from 1954 onwards. It appears that this seniority list took care of the grievances only of the employees who were parties to the petition. Against the said seniority list, therefore, some of the Traffic Apprentices filed a writ petition being Writ Petition No. 246 of 1985 Writ Petition No. 948 of 1976 was against the senior ity list of 1976 and since that seniority list was supersed ed by 1983 list which the Tribunal observed was in pursuance of the High Courts directions, numberhing survived in the grievance of the applicants there viz.,
Chadha and others in that application . 17 of 1987 in T. 246 of 1985. The companybined seniority list which was prepared in 1983 of Class III posts for promotion to Class II posts was finalised in March 1987 and was made the basis of the postponed selection to Class II service as per orders of the Tribunal and panel was issued on 13.3.1987. 246 of 1985 filed a companytempt petition being CCP No. Thereafter, on the basis of orders passed by the Tribunal on 9.12.1987, the Traffic Apprentices who became eligible for promotion in the first batch after revision of seniority were companysidered by a Review Departmen tal Promotion Committee and interpolated in. The grievance of the petitioners in TA No. 360 of 1988 and 936 of 1989 respectively, challenging the new seniority list, and also on the ground that they were number parties to the earlier proceedings. It appears that the respondents grievance in the writ petition filed before the Delhi High Court was that their seniority in the cadre of Relieving Transportation Assistants was number companyrectly fixed according to the quota rule of 2575, either because the quota rule was number ob served properly or the unfilled vacancies in the 25 per cent quota reserved for them were number carried forward from 1954 onwards. 246 of 1985 by order dated June 25, 1986. However, the applicants, Chadha and others in TA No. the Class II panels of 1972 73 and 1975 76. It further appears that according to the statement made on behalf of the appellant Railways, the Railways had already worked out the promotions upto and inclusive of Class II posts by 14th February, 1988. 17 of 1987 before the Tribunal making a grievance that full effect had number been given to the judgment dated June 25, 1986 of the Tribunal in TA No. That writ petition was trans ferred to the Tribunal and numbered as T.A. From the Judgment and Order dated 14.9.1988 of the Central Administrative Tribunal, Delhi in C.C.P. Subodh Markandeya, W.A. Saxena, officers belonging to the Commercial Department approached the Tribunal by their applications Nos. The appeal is filed by the General Manager, Northern Railways against the decision dated 14th September, 1988 of the Central Administrative Tribunal, New Delhi. This quota had to be carried forward in case of shortfall in any particular year, and the remaining 75 per cent of the vacancies were earmarked for promotion to other departmental officials who were called rankers. In the second panel, KN Saxena stands selected. After both the sources of recruitment merged in the scale of Rs.200 300/Rs.250 300, a single unified cadre known as Relieving Transportation Assist ants stood companystituted. Nomani, G. Seshagiri Rao, A.K. Raina, Mrs. Chitra Markandeya, G.D. Gupta and Ashok K. Mahajan for the Respondents. Rao, T.C. On that application, the Tribunal passed the impugned order of September 14, 1988, which is the subject matter of the present appeal. Against this decision the Railways preferred a special leave petition which was dismissed. Anil Dev Singh, C.V.S. Hence, M s. P. Chowdhary and K.N. Sharma and B.K Pershad for the Appellant. 220 of 1972 decided on July 30, 1975. The Judgment of the Court was delivered by SAWANT, J. 2013 of 1990. The Division Bench in Letters Patent Appeal No. CIVIL APPELLATE JURISDICTION Civil Appeal No. Two additional facts need be stated. Leave granted. No.
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1990_145.txt
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The property was acquired in 1953. The Government was in possession of the property until the Government decided to acquire the property in the year 1953. numberice under section 7 of the 1952 Act to acquire the property. The Government thereafter offered to the appellants a sum of 2.47,990/ as a valuation of the property acquired. 18,00,000/ as the valuation. Under section 8 1 of the 1952 Act the Government appointed the District Judge, Patna as the sole Arbitrator to determine the amount of companypensation payable to the appellants in respect of the property. The Arbitrator held that in view of the provisions companytained in sections 23 and 24 of the 1952 Act the Provisions of section 8 3 b of the 1952 Act would apply for determination of companypensation payable for acquisition of the property. The appellants mother purchased the property known as the Crove situate on Station Road at Patna on 18 September, 1944. Section II of the 1952 Act provided for such appeal. This appeal is by special leave from the judgment dated 13 January, 1961 of the High Court at Patna dismissing the appeal filed by the appellants against the award dated 25, May, 1956 of the Arbitrator under the Requisitioning and Acquisition of Immovable Property Act, 1952 hereinafter referred to as the 1952 Act . Sarjoo Prasad, K. K. Sinha, Nand Kishore Prasad, S. K. Sinha and B. The appellants preferred an appeal against award of the Arbitrator. The appellants mother thereafter made a trust deed in the year 946 in respect of the property in favour of the appellants. The property was requisitioned by the, Government of India with effect, from 17 July, 1942 under Rule 75 A of the Defence of India Rules. 198 of 1956. 1025 of 1967. Appeal by special leave from the judgment and decree dated January 13, 1961 of the Patna High Court in Appeal from Ori ginal Order No. B. Sinha, for the appellants. The Central Government gave. P. Nayar, for respondents Nos. The appellants claimed Rs. 1 and 2 The Judgment of the Court was delivered by Ray, J. Civil Appeal No. CIVIL APPELLATE JURISDICTION.
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1972_347.txt
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2 and 3 and envelopes Exts. 2 and 3 along with the envelopes Exts. The two letters Exts. Regarding the letters Exts. Both the letters, like Exts. The letters and the envelopes were taken into possession vide memo Ext. On 1 6 1985, Brijesh Chand, PW 2, brother of Yogesh Chand Maheshwari, Advocate, PW 1, found a threatening letter in an envelope at the door of his house. He denied to have written any letter as also the recovery of the letters and the envelopes from his possession. 27 and 28 alleged to have been found by Brijesh Chand PW 2 , the accused is granted benefit of doubt as Brijesh Chand PW 2 and Yogesh Chand Maheshwari PW 1 have stated that these were number the letters which were received by Brijesh Chand PW 2 at his house. He handed over the same to PW 1. The specimen writings along with the recovered letters and envelopes were sent to the Government Handwriting Expert, Shri Prakash Chand Pathak, PW 3 for examination. From the pocket of the shirt of the appellant, two envelopes, Exts. 22 by the other handwriting expert. The said letters and envelopes are in the handwriting of the accused as is evident from the expert evidence and other material circumstances on record. A companyplaint was lodged with the Superintendent of Police, Muzaffarnagar by PW 1 with regard to the first threatening letter on 2 6 1985 and with regard to the second threatening letter on 5 6 1985 at PS Meerapur. 2 and 3, were threatening letters. 4 and 25 companytaining two letters, Exts. Four days later, on 5 6 1985, he found yet another threatening letter in an envelope at the door of his house which also was handed over by him to PW 1. 22, the letters were written in the handwriting of Neeraj Kumar, accused. Magendra Pal Singh, PW 9, Station House Officer, P.S. Meerapur started investigation from 6 6 1985 onwards. He also handed over the opinion of Handwriting Expert, Brij Pal Singh, Ext. Ka 2, the expert opined that the disputed writings tallied with the specimen writing of the appellant but did number tally with the specimen writing of Neeraj Kumar, who as already numbericed was stated to be the author of Exts. The fact that SO Magendra Pal Singh PW 9 and Sub Inspector Vinod Kumar Verma PW 8 are police witnesses would be numberground to discard their testimony specially when their testimony finds companyroboration by other circumstances discussed above. During the investigation, the specimen writings of the appellant and Neeraj Kumar were obtained by the Sub Divisional Magistrate, on a request from the Investigating Officer, on 22 6 1985. 1, 26, 4 and 25 were recovered from the possession of the accused by the police officers on 6 6 1985 when he was arrested in front of his house. 2 and 3 vide Ext. Formal case was registered by Yograj, Head Constable PW 1. 22, to the police. During the investigation, he got information through an informant that the appellant Amarjit Singh Bunty had a hand in sending those letters and that the said Amarjit Singh was present at his house. On the basis of the information, SHO Magendra Pal Singh along with SI Vinod Kumar Verma, PW 8 and other police officials went to the house of the appellant and as soon as the appellant came out of the house, he was arrested by the police party at about 8.00 a.m. From the search of the appellant, one companyntry made pistol and three cartridges were recovered. He stated that he had been arrested during the night at about 12.00 or 1.00 a.m. and made to write some letters by the police at their dictation. Vide report Ext. According to Ext. 27 and 28 were handed over to the police along with the companyplaint. Inspector Ram Chander Verma, PW 4, who had taken over the investigation under orders of the Superintendent of Police, submitted charge sheet against the appellant on 4 7 1987. He denied that he had any link with any institute or organisation advocating establishment of Khalistan or was in any other manner companynected with any terrorist activity. 1 and 26 were also recovered. The appellant was tried for an offence under Section 4 of the Terrorist Disruptive Activities Prevention Act, 1985, by the learned Sessions Judge, Meerut and vide judgment dated 7 6 1989, he was companyvicted for the said offence and sentenced to undergo rigorous imprisonment for five years. The prosecution examined 9 witnesses to companynect the appellant with the crime. After the companyclusion of the prosecution evidence, the appellant in his statement under Section 313 CrPC pleaded number guilty and denied the prosecution allegations against him. They were put in a parcel which was sealed at the spot. We have heard learned companynsel for the parties and examined the record.
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1996_87.txt
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No.1311 of 2003. The State of Bihar, the Director General of Police of Bihar and others were made party respondents. He stated in the application that the transfers and postings of the officers of Bihar Police Service were done arbitrarily in violation of guiding principles framed by the Home Department of Government of Bihar. The appellant claimed in the application that he was the President of Bihar Police Seva Sangh, a service association of members of Bihar Police Service. On 14/08/2003 the High Court directed the Director General of Police to make a list of officers from the Station House Officers upto the Additional Director General of Police, of those who have remained in their station for more than four years. 1311 of 2003 by Bihar Vyavsayik Sangharsh Morcha and another raising several issues relating to law and order problem in the State of Bihar. He wanted his writ application to be companysidered out of turn on the ground that it was companycerning transfers and postings of police officers. It is this that made him intervene in C.W.J.C. He further stated that his application should be heard along with the C.W.J.C. Relevant paragraphs from the High Courts order companyld be quoted The companyrt suggests the following measures as an ad interim exercise Let the Director General Police make out a list of officers from the Station House Officer upto the Additional Director General of Police, of those who have remained in their station for more than four years. No.12225 of 1999 against the State of Bihar for an order directing the respondents to implement the said guiding principles. The appellant referred to a Writ Application filed by him being C.W.J.C. It is clear from several orders that the High Court has passed in this matter that while dealing with the question of law and order situation in Bihar, the High Court was looking into the State Governments policy of postings and transfer of police officers, obviously because that has a direct bearing on efficiency and rectitude of the police officers. In December, 2003, the appellant, who was holding the post of Deputy Superintendent of Police, Crime Investigation Department CID , Bihar, filed an intervention application being I.A.No.5588 of 2003. The appellant wanted his writ application pending in the Patna High Court to be heard with C.W.J.C. Officers who have remained at one station for over four years must see a posting out within six weeks from today. The High Court even recorded the statement of the Advocate General that certain transfers of police officers are being effected. This dossier is to be supported with information from service record as to which officer throughout their career has remained at which station and for how long. He, therefore, prayed that he may be impleaded in C.W.J.C. This is evident from the first paragraph of his intervention application where he has referred to the order passed by the High Court directing the respondents to submit a list of officers who have number been removed from their station for more than four years. The petitioner inter alia sought direction to the respondents to take measures to stop exploitation of shopkeepers, dealers, artisans, labourers and industrial units by officers and police personnel. The writ petitioners disrupted the proceedings by using very offensive, intemperate and abusive language at a high pitch. He stated that the said writ application has been pending in the High Court for last four years during which the government has tried to victimize him mala fide. Admittedly, the appellant is posted at Patna for several years. One of the petitioners stated that the Judges should be jailed by initiating proceedings against them and threw footwear at the Judges. The High Court, therefore, called for the record, perused the appellants application and found out that it mainly related to his own transfer. The appellant was unhappy and disturbed about the task undertaken by the High Court. The High Court has further observed that the appellant baited the companyrt. A petition was filed in public interest in the Patna High Court being W.J.C. The petitioners stood by what they had said and done in the Court. The issues raised inter alia were whether the respondents were duty bound to provide safe and healthy atmosphere for the proper development of the State or number and whether the inaction of the respondents was violative of fundamental rights guaranteed under Articles 19 and 20 of the Constitution of India. RANJANA PRAKASH DESAI, J. The High Court issued numberices to the respondents pursuant to which they filed affidavits. No.
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2014_136.txt
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463 of 1959 on June 24, 1959. 95 of 1959. Sometime before June 23, 1959, the Department applied for permits in accordance with the scheme while the petitioners had applied for renewal of their permits. They were granted renewal of these permits up to March 31, 1959. 315 of 1959 but this petition was dismissed on June 1, 1959. The Regional Transport Authority on the application of the Mysore Government Road Transport Department hereinafter termed the Department issued in favour of the Department permits on June 23, 1959, and rejected the application of the other operators, the petitioners. The Regional Transport Authority, Bangalore hereinafter called the Authority issued permits to the Department and rejected the renewal applications of the petitioners on June 23, 1959. A fresh draft scheme was published on January 22, 1959, and after the Chief Minister had heard objections against it, it was approved on April 15, 1959, and was published on April 23, 1959. The petitioners then applied to the High Court of Mysore by a writ petition challenging the issue of permits to the Department and the refusal of renewal to, them. In order, however, to avoid inconvenience to the public temporary permits were granted to the petitioners after March 31, 1959, for a period of four months or up to the time the Mysore Government Road Transport Department hereinafter called the Department was granted permits under s. 68F, whichever was earlier. The scheme was finally approved and published on April 23,1959. 75 were transport operators in the Anekal pocket in the State of Mysore. The present petition was filed on August 3, 1959. They held stage carriage permits for various routes which were expiring on March 31, 1958. This petition was disposed of by the High Court on July 14, 1959, and it was held that the grant of permits to the Department was invalid and the rejection of the renewal applications of the petitioners was incorrect but the High Court dismissed this petition on the ground that the relief to which the petitioners were entitled, in view of these findings, would be shortlived. On August 28, 1958, the proposed scheme under Chapter IV A of the Motor Vehicles Act, 1939, as amended by Act 100 of 1956 which for the sake of companyvenience will hereinafter be termed the Act was published as a draft scheme. In the meantime, steps were taken to formulate an approved scheme under Chapter IV A of the Motor Vehicles Act, No. It was approved on October 24, 1958, but on its being challenged in the High Court of Mysore, it was quashed on December 3, 1958. The fresh scheme was also challenged in the High Court of Mysore in Civil Writ Petition No. IV of 1939, hereinafter called the Act . WANCHOO J. The Judgment of Sinha, C.J., Imam, Wanchoo and Das Gupta, JJ. K. Daphtary, Solicitor General of India and B. R. L. Iyengar, for the petitioners. was delivered by Wanchoo, J. Kapur, J. delivered a separate judgment. N. Sanyal, Additional Solicitor General of India,R. This petition under Art. Gopalakrishnan and T. M. Sen, for respondents Nos. Against this decision the peti tioners applied to the High Court for a certificate for appeal to this Court but the matter is still pending in the High Court. This order was challenged in the High Court by Civil Writ Petition No. ORIGINAL JURISDICTION Petition No. November 6. 1 and 2.
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1959_173.txt
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Subsequetly the Insurance Company obtained the sanction of the Advocate General of Bombay under s. 107 of the Indian Insurance Act and filed a companyplaint in the Court of the Judicial Magistrate, Poona, on January 18, 1955, against the two respondents charging each of them with an offence under s. 105 of the Indian Insurance Act. Both the respondents were thereupon prosecuted for an offence under s. 409 of the Indian Penal Code and also for an offence under s. 105 of the Indian Insurance Act in Criminal Case 82 of 1953. The learned Magistrate overruled this plea on the ground that the acquittal of the respondents was number on the merits of the case, but for lack of sanction under s. 107 of the Indian Insurance Act which rendered the Magistrate without jurisdiction to entertain the companyplaint. The reason for the latter order was the finding of the learned Sessions Judge that the sanction required by s. 107 of the Indian Insurance Act which was a prerequisite for the initiation of the prosecution under s. 105 had number been obtained before the companyplaint in respect thereof had beed filed. The two respondents S. L. Apte and Miss Dwarkabai Bhat were respectively the Managing Director, and the Managing Director of the Womens department, of an insurance Company by name The Long Life Insurance Company which had its headquarters at Poona. The respondents thereupon filed appeals to the Court of the Sessions Judge, Poona and the learned Sessions Judge, by his order dated May 3, 1954, while companyfirming the companyviction and sentence on the respondents under s. 409 of the Indian Penal Code set aside their companyviction under s. 105 of the Indian Insurance Act. 95,000 had from time to time been withdrawn from the companypany by the first respondent with the assistance and sanction of the second respondent, professedly for the expenses of the companypany. The companyviction and sentence under s. 409 of the Indian Penal Code which had been affirmed by the Sessions Judge in both the cases have number become final. Thereupon the two respondents made an application before the Magistrate on March 22, 1955, praying that the companyplaint against them may be dismissed as being barred by s. 403 1 of the Criminal Procedure Code, by reason of their previous companyviction by the Magistrate for the same offence under the Insurance Act and their acquittal in respect thereof by the Sessions Judge, pleading in addition that when the companyviction by the Magistrate stood, they had even undergone a portion of the sentence imposed. S. Bindra, for the respondents Amicus curiae . But finally the Magistrate acquitted the respondents on the ground that Art. The second respondent as Manaaing Director also acted under another power of attorney executed by the companypany in her favour in or about June, 1942, and by virtue thereof she was assisting the first respondent in main taining the accounts of the companypany. The learned Magistrate companyvicted and sentenced both the respondents for both the offences with which they were charged. The State of Bombay thereupon filed an appeal to the High Court under s. 417 of the Criminal Procedure Code. 1258 of 1955. A power of attorney had been executed by the companypany in favour of the first respondent in June, 1942, under which he was vested with the power, companytrol and possession inter alia of the moneys belonging to the companypany with a view to have them invested in proper securities. 20 2 of the Constitution and s. 26 of the General Clauses Act were a bar to their companyviction and punishment. Among the papers of the companypany was a voucher dated August 9, 1952, evidencing the withdrawal of this amount by the first respondent and signed by him and this also bore the signature of the second respondent in token of her sanction. The respondents, however, companyld furnish numberproper account of the legitimate expenses of the companypany for which the amount was purported to be taken. 55,000 were shown as cash balances with the first respondent. Further enquiries made by the Directors showed that moneys aggregating to over Rs. The Magistrate took the case on file and directed the issue of process. While the respondents were thus functioning, an audit companyducted in 1952 disclosed that companysiderable sums of money amounting to over Rs. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 134 1 of the Constitution granted by the High Court of Bombay, principally raises for companysideration the application and scope of Art. R. Khanna and R. H. Dhebar, for the appellant. This appeal on a certificate under Art. Appeal from the judgment and order dated March 2, 1956, of the Bombay High Court in Cr. 63 of 1957. The following Judgment of the Court was delivered by AYYANGAR, J. The facts necessary for the appreciation of the points involved in this appeal are few and may be briefly stated. December 9. The trial was then proceeded with and evidence was led. A. No.
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1960_67.txt
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469 and 470 of 1972. 469 of 1972 both in the Youth Majlis and Muslim Majlis, was arrested on June 3, 1972 when he had organised in the City of Aligarh a procession in defiance of the order issued under S. 144, Cr. You dis closed there that the Youth Majlis was fully prepared to meet any situation on companymunal basis and pleaded for funds for Youth Majlis. You participated in a meeting addressed by Shri Afaq Ahmed, Organiser, Youth Majlis, P. On 12 7 1971 you stressed upon members of .Youth Majlis to organise branches of Youth Majlis in each Mohalla. Jail, Aligarh. 470 of 1972 Abdul Bari Kairanvi, petitioner in this writ petition, an associate of Masood Alam Petitioner in W.P. number 469 of 1972 and Abdul Bari Kairanvi v. Union of India W.P. under M. Aligarh Order dated 25 6 1972. His detention was companyfirmed on August 30, 1972. You attended a private meeting of Muslim Majlis on 11 1 1971 at the residence of Dr. Hanif in Mohalla Rasalganj, Aligarh. 469 of 1972 In writ petition number 469 of 1972 we made a short order on December 20, 1972 directing the release of Masood Alam unless he was required in some other case, reserving our reasons for his release to be given later. A fresh order of detention was also passed on June 25, 1972. The petitioner had made his representation on July 15/24, 1972 through the District Magistrate who forwarded it to the Government on July 29, 1972. You are hereby informed that you are released on 25 6 1972 at 23.50 hrs. The grounds of his detention which were duly served on him under s. 8 of the Act read as under That you are a member of the Executive of the Muslim Majlis. You went to Allahabad to participate, in the Youth Majlis Camp orga nised there from 23 to 26 6 71 and were made Naib Ala, U.P. His case was sent to the Advisory Board on July 13, 1972 and the Board companyveyed its decision on August 18/21, 1972. You attended the meeting held at your residence on 29 10 71 wherein training programme of Youth Majlis in use of knife and aiming by air gun was discussed. The order of release mentioned in this para has reference to the, order dated June 25, 1972 when the petitioner was supposed to have been released from his detention because of number approval of his detention by the State Government. under s. 3 1 of the Act and was served on the petitioner on June 26, 1972 at about 3.30 p.m. 470 of 1972 , have been heard together and are being disposed of by a companymon judgment. Aligarh Order dated 25 6 1972 on account of number receipt of approval from State, Government but you were detained in Jail as under trial under Rules 107/117, Cr. On June 14, 1972 an order was made by the District Magistrate for the petitioners detention under s. 3 1 a i and ii of the Act as amended by the Defence of India Act 42 of 1971. According to para 22 of the Writ Petition, the companytents of which are number companytroverted, as expressly stated in para 12 of the companynter affidavit, on June 26, 1972 at about 12 numbern the following order was served on the petitioner Sub Release under Maintenance of Internal Security Act on 25 6 1972 at 23.50 hrs. 469 and for respondent Nos. The general ,atmosphere of companymunal tension prevailing in that city ultimately culminated in the unfortunate companymunal riots on June 5, 1972. P.C. Orders for his release were issued by the District Magistrate under the Maintenance of Internal Security Act but he companytinued to be in Jail under the above sections of the Cr. That you have extra territorial loyalties and are, therefore, a threat to security of India which is evidenced from the following instances You visited Pakistan and returned from there on 29 4 1971 and participated in a meeting addressed by Shri Afaq Ahmad, Organiser Youth Majljs, U.P. In this meeting you disclosed that you had developed many companytacts in Pakistan and that people there had given you enough money for the help of Muslims in Aligarh. and the, order of detention was also served on him by the District Magistrate on the same date. It reads Whereas the Governor of Uttar Pradesh is satisfied with respect to Sri Masood Alam son of late Sri Baboo Ayoob resident of Mohalla Bani Israilan, Aligarh City, that with a view to preventing him from acting in any manner prejudicial to the security of the State and the maintenance of public order, it is necessary so to order NOW THEREFORE, in exercise of the powers companyferred by sub section 1 of section 3 of the Maintenance of Internal Security Act, 1971 number 26 of 1.971 , the Governor is hereby pleased to direct that the said Sri Masood Alam shall be detained under subclause ii of clause a of sub section 1 of subsection 3 of the said Act in the District Jail, Aligarh in the custody of the Superintendent of the said Jail. You attended a meeting on 20 10 1971 held at your residence wherein Abdul Bari Qairanvi asked the volunteers to remain vigilant and prepared in view of Indo Pak armies. In this companynection it is numbereworthy that according to the return of the State of Uttar Pradesh as averred in para27 r of the companynter affidavit of Shri R. K. Kaul, Special Secre tary, the petitioner was arrested on 15th June 1972 under section 107/117/151, Cr. 32 of the Constitution for writs in the nature of habeas companypus Masood Alam v. Union of India ors. W.P. On behalf of the petitioner both the aforesaid, orders of detention are assailed before us. The first companytention pressed by Mr. Bashir Ahmad, appearing for the petitioner relates to the earlier order of detention. By order of the Governor, Sd . Bashir Ahmad, K. L. Hathi, Manzar Ul Islam and P. C. Kapur, for the petitioners. 223 in W.P. You on 16 7 1971 along with Abdul Bari Qairanvi and Mohammad Obed were numbericed criticising Government of Indias policy towards Bangla Desh and accused Government of India and Indian Press of carrying on a false, propaganda. This order was made by the Governor of U.P. 2 to 6 in W.P. You also remarked Hamari kom hamesha se talwar key saye me pali hai and as such numbersacrifice was too grave for this occasion. Sd Superintendent, Distt. The arrest was made under S. 188, I.P.C. P. Uniyal and O. P. Rana, for respondents Nos. and he was actually produced before the Additional District Magistrate on the very day of his arrest. Writ Petition No. K. KAUL Special Secretary. facing each other to meet the situation which might result therefrom. He has tried to assail that order with the object of showing mala fides of the detaining authority in making ,the second order. No. ORIGINAL JURISDICTION Writ Petitions Nos. D. Sharma and R. N. Sachthey, for respondent No. You may inform your relations or lawyer if you want to arrange your bail. The Judgment of the Court was delivered by DUA, J. vide D.M. These two petitions under Art.
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1973_8.txt
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Thenceforth the property came to be known as Laxman Maharaj Math. Haribhat Maharaj founder of the Math Ramakrishna Purshottam Bhanu Maharaj Hari Bhanu Maharaj Sitaram Bhanu Shriram Appellant Maharaj Bhanu Power of Attorney Maharaj Agent 1 In the year 1835 A.D. S.Y. 1891 Haribhat Maharaj built a Samadhi for his maternal uncle Laxman Maharaj, who was a brahmchari and an ascetic. On the death of Haribhat Maharaj, his descendents built a Samadhi for him also adjoin the Mandir. the main property known as Laxman Maharaj Math and its adjunct known as Nagarkhana on the other side of the road. One Haribhat Maharaj is the propositus of the appellant, and his brothers. As the Charity Commissioner has held that both the items form part and parcel of the Math and companystitute a single unit we will refer to both the items under the companymon name of Laxman Maharaj Math. As per the genealogy table furnished by the appellant, he and his brothers are the descendents of Haribhat Maharaj in the fifth generation. Though numbermember of the public appeared at the inquiry to claim that the Math is a public trust, the Assistant Charity Commissioner rendered a finding that the Math is a public trust within the meaning of the Act. This appeal by certificate is directed against a judgment of the High Court of Gujarat reversing the judgment of the Assistant Judge, Baroda and restoring the finding of the Charity Commissioner that a property known as Laxman Maharaj Math is a public trust and number the private property of the appellant herein. In front of the Samadhi he also built a Mandir with the idols of Ram, Laxman and Janki installed on a Sinhasan. Thereupon a reference was made under Section 72 of the Act and the Assistant Judge, Baroda set aside the finding and held that the Math is the private property of the appellant. The property is also alternatively referred to as Ramji Mandir. The finding was companyfirmed by the Charity Commissioner in the appeal preferred to him. When the Bombay Public Trusts Act, 1950 hereinafter referred to as the Act was enacted the appellant Filed an application under Section 18, though the Math was a private institution, by way of abundant caution, to secure a declaration in that behalf in order to avoid any companyplications at a later period. It companysists of two items viz. Natarajan, J.
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1986_192.txt
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He had prior to that filed representation for crossing his efficiency bar. Therefore, the Tribunal ought to have drawn adverse entries and directed that the petitioner was entitled to cross the efficiency bar and he also companytended that sealed companyer procedure as is invoked that direction should also be companysidered for the crossing of the efficiency bar and kept pending when the departmental enquiry was pending against him. It is companytended by the learned companynsel for the petitioner that when he was reinstated into service the efficiency bar was required to be companysidered after taking into account his subsequent record. had companysidered his case for efficiency bar and found him number fit and, therefore, he is number entitled to the relief. When the petitioner challenged the same in O.A. On appeal, the Department directed that the punishment be treated partly as suspension and partly as in service by proceedings dated February 16, 1979. 7 28 EIII/91 that all pending cases should be companysidered to bring them on par with the scale of pay recommended by the 4th Pay Commission, the petitioner had given a representation but the same was number companysidered even direction given to produce the record was number followed. The admitted position is that the petitioner after his promotion as Assistant Engineer in Telecom Engineering Service Group B on April 16, 1979 was kept under suspension and disciplinary proceedings were initiated against him. After reinstatement, the petitioner retired from service on attaining superannuation on May 31, 1992. What was stated was adverse entries for the year 1979 80, 1980 81, 1981 82. No.978/92 of the CAT, Principal Bench, New Delhi. 1690/90, by order dated February 14, 1992, the same was allowed and direction was given to treat him as on duty for all purposes including pay and allowances. There was numberreconsideration in the light of the direction issued by the Ministry in the letter dated September 18, 1991 in O.M. On June 30, 1986, punishment was imposed by way of companypulsory retirement. In the impugned order, the Tribunal has held that the D.P.C. Delay companydoned. This Special Leave Petition has been filed against the order dated February 15, 1996 made in O.A. The same came to be challenged by way of an appeal. Thus, this special leave petition. No.
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1996_1235.txt
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He took up foreign assignment with Subya General Hospital at Saudi Arabia. The appellant filed his companynter in the companytempt proceedings. 2452 of 1992 before the High Court of Jammu Kashmir at Srinagar inter alia seeking ad hoc promotion to the post of Associate Professor with effect from 14 3 1989. In March 1993 for number implementing this order companytempt proceedings were initiated by the respondent. The companytempt proceedings were adjourned to 27 9 1993 and it was directed that the appellant be present in the companyrt on the said date. I also passed an interim order directing the State Government and the appellant herein to grant ad hoc promotion to the respondent to the post of Associate Professor. 15573 of 1993 has companye to be preferred. It was made clear that this period of deputation on foreign assignment companyld number be companynted as against teaching experience. It was urged in the writ petition that promotions granted to various other persons were arbitrary and he had been denied such a promotion despite having requisite experience. 134 HME dated 25 2 1986, he was, promoted as Assistant Professor on ad hoc basis. Besides, a detailed companynter was also filed in the writ petition in which it was stated that the claim of the respondent for promotion was misconceived since such a promotion to the post of Associate Professor under the relevant rule was required to be made by the Public Service Commission or by Departmental Promotion Committee. The further companytention was that it was wrong on the part of the Government in number companynting period of foreign assignment as against his teaching experience. The learned Judge declined to accept the unqualified apology tendered by the appellant till the order dated 21 9 1992 was implemented and the appellant purged himself of companytempt. On 8 3 1993 the High Court issued numberice on the companytempt petition and called upon the appellant to implement the order dated 21 9 1992. When the companytemp proceedings came up for hearing on 1 9 1993, the learned Judge passed are order directing issue of number bailable warrants and framed rule in the said companytempt petition. On 13 9 1993, the appellant was personally present in the companyrt. Against the order dated 1 9 1993 referred to above, SLP No. The respondent was companyfirmed on the post of Assistant Professor with retrospective effect from 25 1 1987. He was in Saudi Arabia for a period of 2 years and 10 months. 304 HME dated 7 4 1989. On 21 9 1992, the High Court issued numberice on the writ petition. It was directed that he will be entitled to companynt the said deputation towards increments and other service benefits. The learned Judge also directed the Government Advocate Additional Advocate General, representing the appellant, should number appear on behalf of the appellant in the said companytempt petition to defend him and on the companytrary should assist the companyrt. The said period was treated as on deputation without pay and allowances. Thereafter his services as such came to be regularised on the basis of the recommendation of the Public Service Commission as per Government Order No. The respondent was appointed as Lecturer in the Faculty of Medicine, Medical College, Srinagar, under Order No. By Government Order No. He filed Writ Petition No. 197 ME of 1981. Aggrieved by this order, SLP No. Special leave granted in both SLPS. The Judgment of the Court was delivered by MOHAN, J. The short facts are as under.
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1994_261.txt
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316 317/99 The two appeals C.A.Nos. 316 317/99 have been preferred by the general candidates of Punjab against the judgment of the Punjab Haryana High Court in CWPs 10756 of 1997 and 10759 of 1997 dated 8.10.1998. The array of the parties shows that the writ petitioners Head Masters Head Mistresses reserved category were all working as Head Masters in 1997 while the number official respondents general candidates were working as Senior Lecturer Principal or as Deputy District Education Officers. C.A.Nos. The officers here belong to the Punjab Education Department and the companytest is for the post of Principals governed by the Punjab Education Service School and Inspection Cadre Class II Rules, 1976. No.10756/97 was filed by Ms. Gurbachan Kaur and 6 others Head Mistresses all belonging to the reserved category praying for a writ of certiorari to quash the promotion order dated 3.7.97 and for a mandamus seeking promotion of the said writ petitioners as Principals. No.10759 of 1997 was filed by Charan singh and 9 others Head Masters all belonging to the reserved category for similar relief and also for promoting the writ petitioners in the place of the opposite party. 10759/97. Under Rule 10 of the Class II Rules, the posts of Principal, Deputy District Education Officers, Senior Lecturers etc. The appellant Jatinder Pal Singh in CA No.316 of 1999 was a respondent in C.W.P. Similarly, C.W.P. We shall also deal with certain companytempt applications and other Interlocutary applications. In this judgment we shall deal with certain appeals relating to officers of the State of Punjab. We shall also deal with Interlocutory Applications Nos. They impleaded the appellants general candidates as respondents in the writ petition. Today, we have delivered judgment in IAs 1 to 3 filed in Ajit Singh by the State of Punjab C.As. 10 12/98 filed by the Railways and IAs 4 6 by the Union of India. are to be filled up by promotion in respect of 75 and 25 by direct recruitment. The facts of these two Civil Appeals are as follows C.W.P. The general candidates have companye up in appeal because the High Court has followed Jagdish Lal. So far as this department is companycerned, the relevant rules are as follows. JAGANNADHA RAO,J. I.
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1999_695.txt
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6595, 6602 6603 and 6601 of 2005 Markandey Katju, J. 1532 OF 2005 With Civil Appeal Nos. Mathur, J. which I have perused. The facts of the case have been stated in the judgment of my learned brother Honble A.K. CIVIL APPEAL NO.
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2007_679.txt
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yuvraj arminder singh and princess rupinder kumari are individual assessees being assessed to wealth tax under the wealth tax act 1957 hereinafter called the act . in the three wealth tax references number. as regards the former the two assessment years are 1964 65 and 1965 66 for which the respective valuation dates 31.3.1964 and 31.3.1965 whereas the assessment year in the case of princess rupinder kumari is 1965 66 for which the valuation date 18 31.3.1965.
the two assessees had purchased one annuity policy each and they claimed exemption in respect of the value of each policy in each ones assessment to wealth tax under 8.
aggrieved by the orders passed by the wealth tax officer the assessees preferred appeals to the appellate assistant companymissioner who allowed their appeals holding them to be entitled to exemption under s. 5 1 vi as according to him annuity policies were covered by the term any policy of insurance used in the said sub section. this view of the appellate assistant commissioner was companyfirmed by the income tax appellate tribunal in appeals preferred by the revenue. the facts giving rise to the question are briefly these. civil appellate jurisdiction civil appeals number.
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1985_264.txt
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Goharbai. Goharbai through her brother Gangadas Binani to the effect that she was the sole her of the deceased. Goharbai was the sole heir of the estate of Megh raj Kothari and whether she was prepared to admit her claim. 1 but to Gangadas Benani the brother of her mother who was the widow of the deceased. The following genealogical table shows the relationship of the parties Routhmull Bulakidas Kothari d Mathura Bai widow Pannalal Kothari d Meghraj d Kissengopal Chunilal Heerall Kanhaiyalal Gohurbai widow Girdharilal alleged lunatic since 1944 adopted by Meghraj but adoption number proved. Mathurabai. Meghraj Kothari died on April 18, 1953 in Calcutta. 1 was supported by Gangadas Benani for grant being made to her subject to the right of residence and maintenance of Smt. Gopal Har Godal Gopidevi daughter Girdharilal alleged adoptedson. Goharbai, her mother, was insane a right be reserved for her to apply for grant of letters of administration in the event of her gaming sanity bat that her right to maintenance and residence be declared to from a charge upon the assets of the deceased A special citation was issued to the appellants Chumlal, Heeralal and Kanhaiyalal and respondents Shri Gopal and Hargopal. This is an appeal by certificate from a judgment of the Calcutta High Court arising out of an original suit filed by the respondent for grant of letters of administration to the estate of her father late Meghraj Kothari. 1 for grant of letters of administration in her favour. A special citation was also issued to one Smt. Upon receipt of the special citation the appellants and respondent Shri Gopal entered caveats and Smt. 1 whether she was willing to admit that Smt. She claimed to be the sole heir and legal representative of the deceased and it was stated in her application that since Smt. Gopi Devi Mimani filed a petition in the High Court for an order that letters of administration to the estate of the deceased be granted to her having effect throughout the Union of India. An affidavit was filed on behalf of Smt. Mathurabai opposed the said application of respondent No. The matter remained pending till May 1962 when P. C. Mahk, J., made an order granting letters df administration to the estate of the deceased number to respondent No. but adoption number proved. The real person who would get companyplete companytrol of the estate would be her husband who was hostile to the appellants. Secondly she was an illiterate person and was incapable of managing any property. A direction, was made issuing a limited grant to respondent No. In May 1953 respondent No. Learned Judges Constituting the division bench enquired from the companynsel for respondent No. On February 17, 1964 an affidavit was allowed to be filed by to that effect. The appellants preferred an appeal which was disposed of in February 1964. This is how the division bench of the High Court dealt with the matter. Grover, J. However, the prayer of respondent No.
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1969_330.txt
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On the submission that the parties have subsequently entered into a companypromise, the de facto companyplainant was added as a party.
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2018_420.txt
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The other was an allegation of companyrupt practice of bribery with reference to Bagicha Singh Chakiwala. S. Lehna Singh, PW. The disturbance to the meeting is said to have been caused by a group of people companysisting of Gurdial Singh, Hardial Singh, Rachhpal Singh, Kulwant Singh and Gurnam Singh. On this Bagicha Singh agreed to poll all the votes of his family and also assured that he would help respondent No. 10 and Milkha Singh, PW, 11 while information relating to the Bagicha Singh episode was obtained from Darshan Singh, PW. 1 visited villaged Chola Sahib and there while requesting for votes, he went to the house of Mistri Bagicha Singh Chakiwala and asked him for his vote and votes of other family members and friends. On this the people started running for shelter and a shot fired by Gurdial Singh hit Daya Singh son of Isher Singh on his forehead who fell down and the shots fired by the others hit Piara Singh son of Inder Singh, Kehar Sing son 1079 of Gujjar Singh and Kewal Singh son of Surain Singh. 2 and S. Lehna Singh and in favour of Respondent No. The evidence in regard to both the incidents Gandiwind meeting and Bagicha Singh episode mainly companysisted of oral statements of witnesses. Bagicha Singh is alleged to have told the appellant that if he got the same removed he would get the votes of himself, members of the family as also of his brotherhood. 1087 The demand of Rs.944 as per the estimate had been raised, P.W.6 has said that the demand was against Bagicha Singh and the deposit has been made and the receipt in the name of Bagicha Singh has been prepared. 1 has received more than 200 votes by companymitting this companyrupt practice and the election of respondent No. 2, S. Lehna Singh Tur and others and suddenly started firing. Appellant was declared elected with 26980 votes while respondent 3 Ranjit Singh lost with 26739 votes. At about the same time the villagers were companylecting for a meeting at the place known as Hadur Shah and that meeting was to be addressed by S. Lehna Singh Tur, M.P. When Piara Singh son of Inder Singh, Daya Singh son of Ishar Singh requested them number to do it and tried to stop them, they got into a rage and started hurling abuses at respondent No. We shall, therefore, number proceed to examine the material with reference to the Bagicha Singh episode. 1 came out of the house of Gurdial Singh. At the trial, Hardial Singh, election petitioner I was examined as PW.5. On this Bagicha Singh said that respondent No 2 had also companye to him and we had put our problem to him also but he had said 1085 that he would help them get the wires shifted after the election. Appellant with his supporters in the companyrse of canvassing is said to have companytacted Bagicha Singh on May 28, 1980, at his village Chola Sahib and asked for votes of his and members of his family. 30 M. when S. Lehna Singh Tur reached at the meeting, these persons started shouting slogans against respondent No. 1 and caused obstruction in the proceedings of the Jalsa and did number allow S. Lehna Singh Tur to speak. 1 in getting the votes of his brotherhood as well. The Akali Party had organised a meeting in the village to make election propaganda for respondent No. Verification of the election petition indicated that the allegation in paragraph 5 was true to the information received from Gurmukh Singh, PW. and the deposit receipt in regard to Bagicha Singh episode do number throw any companyclusive light inasmuch as they lack the material aspect of companyrelating the appellant with the events. It is the admitted position that the Akali candidate S. Ranjit Singh was number to, and did number, companye to the meeting. 1 by the companymission of this companyrupt practice, the respondent No. 1 has been materially affected and but for the votes obtained by respondent No. Several other allegations were made in paragraphs 6, 7 and 10 of the election petition relating to threats to electors of Gandiwind on May 20, 1980, after the meeting was disturbed, improper reception of votes, reception of void votes, terrorisation of the voters at the booth on the day of polling, etc. 1 said that he would get the needful done before the election and pay the expenses also. Bagicha Singh was alleged to have told the appellant that uncovered electric wires were dangerously passing over his house and despite his best of efforts he has number been able to get them removed and the sum being demanded for their removal was beyond his means. 1 said that he would get the needful done and they should number bother about the expenses involved in case they promised him the votes of his brotherhood. Shanti Bhushan, Jitendra Sharma, Manjit Singh Khaira and Ms. Deepa Bhushan for the Respondent. The relevant allegations in support of this plea are to be found in paragraph 5 of the election petition. The learned single Judge before whom the election petition came up for trial accepted the evidence of the election petitioners and held that both the companyrupt practices had been companymitted by the appellant himself or through others with his companysent and were companyered by ss. The relevant particulars of the allegation are companytained in paragraphs 8 and 9 of the election petition. The election of the appellant was challenged on two allegations of companyrupt practice in the main, namely, disturbing a meeting of the Akali Party at a place called Hadur Shah in Village Gandiwind on May 20, 1980, where the appellants supporters allegedly used fire arms and fatally injured one and otherwise inflicted injuries on many others. 1 is guilty of having companymitted the companyrupt practice of bribery as defined under section 123, sub sections A B of the Act and his election is liable to be declared void under section 100 of the Act on the ground of this companymission of this companyrupt practice of bribery. The election petition was filed by two voters of the companystituency respondents 1 and 2 . 1980 the respondent No. Election was held on May 31, 1980, and the result was declared the following day. On reaching the meeting place, they stood by at one side of the Jalsa. 7 who was a sitting Member of the Lok Sabha was to address that meeting. 1 told them number to allow the meeting to proceed at any companyt and himself stayed behind. Respondent 1 PW. Appellant promised to get the needful done and approached the Punjab State Electricity Board employees and on putting pressure, got the same done on May 30, 1980, one day before the poll. There is evidence, and Mr. Sibal for the appellant did number dispute the position, that the meeting so companyvened was disturbed. 4 of 1980. 463 of 1982 From the Judgment and Order dated the 21st January, 1982 of the Punjab and Haryana High Court in Election Petition No. It is also the companymon case of both the parties that the appellant who was another companytesting candidate also did number companye to the place of the meeting. 1 approached the Punjab State Electricity Board Employees companycerned and put pressure on them and also get the amount deposited and the wires were removed on 30. This appeal under section 116 A of the Representation of the People Act, 1951 Act for short , is directed against the judgment of the Punjab Haryana High Court setting aside the election of the appellant to the Punjab Legislative Assembly from Constituency No. On this the respondent No. The respondent No. 25 known as Naushehra Pannuan Assembly Constituency. 3 and PW. P.W.6 is the S.D.O. Others who were armed with 12 bore guns also fired their arms and with pellets companying from their firearms many were injured. All the aforesaid persons kept on firing shots which were returned by some people. Respondent 3 was, however, number examined as a witness. At about 2 P.M. the aforesaid persons armed with fire arms except respondent No. and respondent No. Then the respondent No. That the respondent No. During this some others belonging to the village had also companylected around him. Some documents, such as the FIR, injury reports, etc. The appellant had in his written statement denied the allegations in so far as they implicated him with the incidents. but the same do number seem to be 1065 relevant as the High Court has number relied on the same number in the companyrse of hearing of this appeal have those allegations been pressed into service. L. Sibbal, D.N. Lahiri for the Appellant. He was number there at the relevant time and has candidly admitted that he was number personally aware of anything. 5 was admittedly the companynting agent of respondent 3. That an old pending matter where numberaction was being taken has been done too quickly is number open to doubt. Mishra and K.K. He examined himself and led other evidence to support his stand. The Judgment of the Court was delivered by 1064 RANGANATH MISRA, J. who has produced some of the papers and has spoken about events with reference to the record. They canvassed two more house and thereafter I left them. 4 was the organiser. At about 2. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1984_269.txt
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on receipt of the bills the government of india used to draw cheques on the reserve bank of india bombay in favour of the assessee and used to send them by post to the assessee at indore. on receipt of the cheques the assessee used to credit the companytroller of sup plies in its books with the amount of the cheques and then used to deposit the cheques in their account with the imperial bank of india indore and thereupon the bank used to credit the assessee in the aforesaid account with the amount of the cheques. indore and the freight from indore would be borne by the government of india. the assessee used to make out bills in the prescribed form. cheques on the reserve bank of india bombay were encashed. the receipt clause in the completed bill used to be in the following terms please pay by cheque to self on a bank at indore. the assessee supplied goods to the indian stores department government of india under purchase orders placed by the latter with the assessee at indore. duplicate companyies of the purchase orders signed on behalf of the assessee at indore used to be sent to the government of india in british india. the bills with the signed receipts of the assessee then used to be sent to the companytroller of supplies new delhi after the latter was debited with the amounts of the bills in the books of the assessee. the goods used to be inspected at indore by an inspecting officer of the government and the inspection certificates were issued at indore. the receipt clause in the bill used to be signed in advance on behalf of the assessee on a one anna stamp. during the relevant accounting years the assessee was a numberresident. it carried on the business of manufacturing textile goods at indore then situated in an indian state and had offices at indore and bombay. the goods used to be despatched by railway from indore station and the railway receipts used to be made out in the name of a representative of the government. 0 was one of the terms on which all the goods were supplied by the assessee. by its order dated march 13 1953 the appellate tribunal negatived this companytention and held that the amounts of the cheques were received by it at indore. clause 9 of the bulk purchase order was in these terms payment unless otherwise agreed between the parties payment for the delivery of the stores will be made on submission of bills in the prescribed form in accordance with the instructions given in the acceptance of tender by cheque on a government treasury in british india or on a branch in british india of the reserve bank of india or the imperial bank of india transacting government business. 116 which the assessee was required to submit to the goverment of india department of supply companytained inter alia the following receipt clause received payment one anna please pay by cheque receipt stamp on to self on bank original only bank treasury contractors at signature companytractors signature. the assessee number appeals to this companyrt on a certificate granted by the bombay high companyrt. the majority of the judges held that the cheques were received by the assessee through its agent the post office in british india and the revenue authorities were entitled to urge this companytention for the first time in the high court. the question is whether on these facts the profits of the assessee a number resident in respect of the supplies were received by the assessee in british india and therefore taxable under s. 4 1 a of the indian income tax act 1922.
before the appellate tribunal and at all stages of the assessment proceedings the companytention of the revenue authorities wag that the profits were received at bombay where the. in its order dated march 4 1955 the tribunal referred to the decision of this companyrt in companymissioner of income tax v. kirloskar bros.
limited 1 decided on april 19 1954 and stated that on the facts of the case a companytention might arise that the assessee had requested the government to send the cheque by post and the post office as the agent of the assessee had received the cheques in british india but the tribunal pointed out that this companytention had number been raised before it. j. c. shah j. answered the question referred to the high companyrt in the affirmative whereas s. t. desai j. answered it in the negative. the matter then went before the third judge k. t. desai j. who agreed with j. shah j. and answered the question in the affirmative. on the application of the companymissioner of income tax central bombay under s. 66 1 of the indian income tax act 1922 the tribunal by its order dated march 4 1955 referred the following question of law to the bombay high companyrt whether the assessee companypany is liable to pay tax in the taxable territories on the ground that the sale proceeds which included the profit element therein were received in the taxable territories ? the judgment of the companyrt was delivered by bachawat j. these appeals arise out of proceedings for assessment of income tax of the appellant companypany hereinafter referred to as the assessee for the assessment years 1943 44 1944 45 1945 46 1946 47 1947 48 and 1948 49 the relevant accounting years being the calendar years 1942 1943 1944 1945 1946 and 1947 respectively. the reference under s. 66 1 was heard by a division bench of the bombay high companyrt companysisting of j. c. shah and t. desai jj. from the judgment of k. t. desai j. it appears that in the high companyrt both parties agreed that the aforesaid cl. 10061011 of 1963.
appeal from the judgment and order dated september 25 1959 of the bombay high companyrt in income tax reference number 36 of 1955.
s. pathak b. dutta r. j. kolah and j. b. dadachanji for the appellant. 13 and 14 with regard to payment were as follows if payment is desired to be made to the company tractors bankers or other parties the endorsement must be completed on the bill form w.s.b. there were two types of purchase orders namely 1 purchasewar order and 2 bulk purchase order. one of the companyditions of the companytract was that the delivery would be f.o.r. niren de addl. instructions number. solicitor general gopal singh and n. sachthey for the respondent. civil appellate jurisdiction civil appeals number.
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1965_219.txt
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Feeling aggrieved, the appellant approached the High Court of Kerala at Ernakulam by way of criminal revision petition, being Criminal Revision Petition No.3075/2011. This appeal, by special leave, arises from order dated 10 th February, 2012 passed by the High Court of Kerala at Ernakulam in Criminal Revision Petition No.3075/2011. The appellant was companyvicted by the Judicial First Class MagistrateII, Ottappalam, for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and was sentenced to undergo simple imprisonment for 3 months and to pay a companypensation of Rs.2,45,000/ to the companyplainant Signature Not Verified Digitally signed by CHETAN KUMAR Date 2018.02.19 172453 IST Reason under Section 357 3 of the Code of Criminal Procedure, 1973, vide his order dated 30 th March, 2010 passed in Summary Trial No.69/2008. Assailing the judgment of companyviction and order of sentence passed by the Judicial First Class MagistrateII, Ottappalam, the appellant filed an appeal before the Court of Additional Sessions Judge, Palakkad Division at Ottapalam, which came to be dismissed on 5 th August, 2011. The High Court companyfirmed the order of companyviction and sentence passed by the Trial Court and as companyfirmed by the lower Appellate Court whilst dismissing the criminal revision petition on 10 th February, 2012. In default of payment of companypensation, the appellant was directed to undergo further simple imprisonment of 15 days. Aggrieved by the said order passed by the High Court, the appellant has approached this Court by way of special leave petition. M. Khanwilkar, J.
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2018_938.txt
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They are The date of possession of the flat was 23.2.1987. The annual rent of these flats would be Rs.16,800/ x 12 Rs. Neither the Saket Properties number the respondent intimated the Corporation of the said allotment or delivery of possession. The flats have been given on rent in March, 1987 Rs.16,800/ per month. The order dated August 30, 1990 recites the following facts Though call letters dated July 11, 1990 and August 10, 1990 were sent to the tax payer, numberone had attended the office number were any documents produced The flats were purchased by the tax payer from Saket Properties Private Limited the original owner and the possession of the flats was offered to the respondent on April 1, 1985. On July 11, 1990, the Deputy assistant Assessor and Collectors, M.C.D. On August 30, 1990, the Deputy Assistant Assessor and Collector made the order of assessment. Saket Properties Private Limited companystructed a multi storeyed building on Plot No.21, Yusuf Sarai Community Center, New Delhi. The respondent accepted the allotment and paid a sum of Rs.2,35,000/ by way of earnest money to Saket Properties. 1.4.1985 which has erroneously been mentioned in the order and attested photo state companyy of the possession letter is enclosed. issued a call letter for hearing of the objection under Section 126 of the Municipal Corporation act, 1957 to the respondent requesting him to attend the office in companynection with the finalisation of the rental value of the aforesaid flats. The matter pertains to assessment of property tax. On August 10, 1990, another numberice was issued by the said officer to the respondent to attend the office on 17 August 1990 alongwith necessary documents and evidence. Rs.3,37,800/ as mentioned in the assessment order. The respondent replied on July 17, 1990 stating that Sri K.K. On February 23, 1986, says the respondent, possession of the said flats was handed over to and accepted by them Annexure R 2. Flats Nos.302, 303 and 305 on the third floor of the said building were allotted to the respondent Trigon Investment and Trading Private Limited under a letter of allotment dated February 29, 1984 Annexure R 1 subject to the terms and companyditions mentioned therein. On receiving the aforesaid assessment order, the respondent addressed a letter dated September 17, 1990 to the assessing officer asking for rectification of the said order. Attested companyy Photo stat of the rent receipt for the month of May, 1989 is enclosed. This appeal is preferred by the Municipal Corporation of Delhi Corporation against the judgment and order of the Delhi High Court dismissing the writ petition filed by it. Ms.Madhu Tewatia, learned companynsel for the appellant Corporation, submits that the problem arising herein is a companymon one and the decisions of the nature questioned herein are resulting in loss of substantial revenue legitimately due to the Corporation and, therefore, the questions arising herein must be decided by this Court authoritatively to serve as a guidance to the authorities under the Delhi Municipal Corporation Act, 1957 Act. It is also the admitted case of the parties that so far numbersale deed s has been executed and or registered in respect of the said flats as appears to be the general position and practice obtaining in Delhi. The letter requested that the assessment order may be rectified in the light of the above facts. 2,01,600 and number? Two grounds were mentioned in the letter. Accordingly, the liability of payment of property tax by the respondent is fixed from April 1, 1985 as per the terms of the agreement entered into between the builder promoter and the respondent. Dwivedi, its authorised representative, is being deputed to represent the case and to discuss the matter and provide necessary information to the officer. P. JEEVAN REDDY,J. Billing shall be done on the above basis. This is an admitted fact. Heard companynsel for both the parties. Leave granted.
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1996_554.txt
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Accused No. Srui and accused No. 1989/1996 against accused No. 6 and accused No. Ltd. and accused No. It is further the case of the companyplainant, that accused No. 506 of 2001 on the file of the Honble XI ACJ, CCC, Hyderabad. 58 of 2001 on the file of the Honble XI ACJ, CCC, Hyderabad. It is further the case of the companyplainant in the companyplaint, that her brother accused No. 277 of 2000 on the file of the Honble XI ACJ, CCC, Hyderabad. 337 of 2002 on the file of the Honble XI ACJ, CCC, Hyderabad. 239 of 2004 on the file of the Honble XI ACJ, CCC, Hyderabad. 3107/2008 permitting accused No. O.S. 6047/2013 was filed by accused No. 8743/2013 was filed by accused No. 3, Abid Rasool Khan. 5 HPCL and its officers, accused No. Further, it is the case, that accused No. 5 HPCL whereas, accused Nos. It is further averred by her that after the death of her father, accused No. 1989 of 1996 against accused No. 6064/2013 came to be filed by accused No. 6609/2013 came to be filed by accused No. 7, Khaja Mohiuddin and accused No. The companyplainant had filed a private companyplaint against nine persons including accused No. It is submitted that the companytinuation of criminal proceedings against accused No. 9156 of 2017 filed by M. Srikanth, the original accused No. 9 are the employees officers of accused No. It was the case of the companyplainant, that upon death of her father, Afzaluddin Hassan, the said property was inherited by her as well as her three sisters and accused No. 351102 at Narayanaguda, Hyderabad, originally belonged to Afzaluddin Hassan, the father of the companyplainant, who died on 28.05.1996. Being aggrieved by the dismissal of his petition, accused No. 3, Abid Rasool Khan was the Managing Director. 3, Abid Rasool Khan, was the Managing Director. 1403 of 1999 against M s Banjara Construction Pvt. 4, so also the original companyplainant, being aggrieved by the impugned Order by which the petitions of accused Nos. 1, Akramuddin Hasan, who had falsely created a will in Urdu purported to be executed by their paternal grandmother, Khairunnisa Begum Saheba, in favour of their parents Afzaluddin Hassan and Liaquathunnisa Begum for their lifetime and vested remainder to accused No. 4 to sublease the said land in favour of accused No. 3 and O.S. Criminal Petition No. 4 companyld number have been distinguished from the case as against accused Nos. Afzaluddin Hassan, possessed the same upon death of his mother, Khairunnisa Begum Saheba as per the oral gift dated 12.12.1966 and deed of companyfirmation of the said oral gift. The companyplainants sisters had filed O.S. It is further averred in the companyplaint, that her father had entered into a development agreement on 25.05.1989 with M s Banjara Construction Company Pvt. 4 has been impleaded as a partydefendant in O.S. 91609161 of 2017 at the instance of the original companyplainant challenge that part of the order vide which the single Judge of the High Court has quashed the companyplaint qua accused Nos. 5, 6, 7, 8 and 9. By the impugned Order, the High Court allowed the Criminal Petitions of all the applicants except accused Nos. It is the case of the companyplainant, that the said will is registered and said to have been executed on 02.04.1950. 1 had also created another forged and fabricated document styled as deed of companyfirmation Hiba Bil Musha dated 08.03.1990 vide which the property is orally gifted to accused No. It is further averred by her that, thereafter, she came to know about the existence of a document thereby assigning the rights by M s Banjara Construction Company Pvt. 311/2010 of P.S., Central Crime Station, Hyderabad. 4, M. Srikanth, who is the appellant in the criminal appeal arising out of SLP Crl. Crl. 5, Hindustan Petroleum Corporation Ltd. HPCL . With regard to the said cause of action, the companyplainant had also filed Original Suit No. 1 was number the sole beneficiary by inheritance and that the property had devolved upon the companyplainant and her sisters. No. With respect to the said transaction, two original suits were already filed, one by the companyplainant and another by her sisters. 5, 6, 7, 8 and 9 have been allowed, have approached this Court. For the said incident another companyplaint vide Crime No. 9, R. Umapathi. 506 of 2001 only on 30.10.2009. 1, posing himself to be the owner of the premises, on the basis of the alleged oral will and deed of companyfirmation, created a registered lease on 01.12.2008, bearing document No. 177/1996, came to be registered for the offence punishable under Sections 418 and 420 read with Section 120B of the IPC against seven persons including M s Banjara Construction Company Pvt. The criminal appeal arising out of S.L.P. The criminal appeals arising out of S.L.P. 6, S.K. 3 and 4. The allegations in the said companyplaint in a nutshell is that the house bearing No. On the basis of the said companyplaint, the Chief Metropolitan Magistrate directed the registration of an FIR on 24.11.2010. It appears, that various criminal petitions came to be filed before the High Court. Ltd., there is numberreference with regard to the other proceedings. 1 and their sisters so also the other parties. However, the same was cancelled during his lifetime. 1, her brother. 9156/2017. The facts, in brief, giving rise to the present appeals are as under The parties are referred to herein as they are arrayed in the original companyplaint. R. GAVAI, J. 7 and 8 are the attesting witnesses. for quashing the proceedings in Crime No. 8, G. V. Prasad. 4 also ought to have been quashed. Both these appeals arise out of the companymon Judgment Signature Not Verified and Order passed by the single Judge of High Court of Digitally signed by SANJAY KUMAR Date 2019.10.21 Judicature at Hyderabad for the State of Telangana and the 163044 IST Reason State of Andhra Pradesh dated 01.06.2017. 3 in the present case. 4, challenges that part of the order by which the single Judge of the High Court has rejected his application under Section 482 of the Cr. 1 on 29.08.1989 and also handed over physical possession thereof. 3 and others for permanent injunction. Ltd. Leave granted in both the Special Leave Petitions. P.C.
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2019_657.txt
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was temporary but had been made permanent on december 31 1963.
this companyfirmation was published in the assam gazette dated may 1 1964.
the accountant general of assam and nagaland took objection to this order of companyfirmation. d. jain and a. r. bar thakur for the advocate general for the state of nagaland. p. rana for the advocate general for the. by letter dated december 21 1964 the registrar of the high companyrt informed the accountant general that the government had been moved to amend r. 5 iv of the assam judicial service junior rules 1954.
by a letter dated may 1 1965 the state government informed the high companyrt regretting its inability to take up the question of the amendment of r. 5 iv at this stage. thereupon the respondent number 1 was informed by the high companyrt by its letter dated july 20 1965 that the accountant general had refused to accept his companyfirmation. the judgment of the companyrt was delivered by roy j. this is an appeal by special leave against the judg ment and order dated september 12 1966 in civil rule number 381 of 1965 of the high companyrt of assam and nagaland. it was alleged that the companyfirmation companyld only be made by the governumber and number by the high companyrt. v. rangwn for the advocate general for the state of tamil nadu. l500sup.ci4/72 k. chatterjee and g. s. chatterjee for the advocate general for the state of west bengal. c. chopra for the registrar madras high companyrt. 226 of the companystitution filed by the respondent s. n. sen.
the facts shortly are as follows respondent number 1 s. n. sen was initially appointed as an extra assistant companymissioner by the governumber of assam on december 21 1950.
thereafter he opted for judicial service and was appointed munsiff by the governumber of assam with effect from january 1 1955.
he was companyfirmed in the post of munsiff in assam judicial service junior grade 11 with effect from december 8 1956.
on or about december 15 1961 respondent number 1 was promoted to act as the additional sub judge cachar and he took charge on december 22 1961.
the high companyrt of assam and nagaland companyfirmed the appointment of respondent number 1 in the judicial service junior grade i with effect from march 1 1964 against the post of sub judge number 2 gauhati this post of sub judge number 2 gauhati. lal narain sinha advocate general for the state of bihar p. singh s. c. agarwala r. k. garg and v. j. francis for the the registrar patna high companyrt. and b. r. agarwala for the registrar bom bay high companyrt appellate side. it appears that some companyrespondence went on between the high court and the accountant general. civil appellate jurisdiction civil appeal number 1061 of 1967.
appeal by special leave from the judgment and order dated september 12 1966 of the assam and nagaland high companyrt in civil rule number 381 of 1965.
k. sen naunit lal and s. n. choudhury for the appellants. on june 15 1965 the accountant general informed the high court that as the government had number amended the rules the order of companyfirmation companymunicated in the high companyrts numberification dated may 1 1964 was number in order. on september 12 1966 the high companyrt allowed the petition. and the other by s. k. dutta j. the high companyrt refused certificate but on july 21 1967 this companyrt granted special leave to appeal. m. singhvi and u. p. singh for the state of bihar. by this judgment a division bench of the high companyrt allowed the petition under art. porus a. mehta. state of u.p. respondent number 1 thereupon filed a writ petition in the high court. there were two judgments one by mehrotra c.j.
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1971_466.txt
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It was further stated in this letter that with this offer half acre of plot at Rs. This letter further stipulated that the provisional letter of allotment will number give any legal right of allotment unless the final allotment letter is issued. 359 which had been allotted to the respondent was changed to two plots measuring half acres each and renumbered as Plot Nos. 374 375 had been wrongly mentioned in the provisional letter of allotment dated 5.11.1986 and that the respondents case for allotment of alternative plot of one acre had been companysidered and approved but the plot number would be intimated shortly. Vide letter dated 14.1.1989, a companyditional acceptance was companyveyed by the respondent whereby he had stated that he accepted the half acre of plot but he reserve the right to claim further half acre of plot. Vide letter dated 14.1.1989 the respondent companyveyed his acceptance of half acre plot and observed as follows However, 1 accept 1/2 acre plot as desired by you in the letter dated 5.1.1989 mentioned above at the original rates, but reserve the right to claim further 1/2 acre plot. emphasis added In response to the aforesaid provisional letter of allotment dated 24.2.1989, the respondent wrote a letter dated 4.3.1989 in which it was stated as follows Offer of half acre plot Nos. metre. In the present case even though in the letter dated 27.12.1984 the respondent had been offered a plot of land measuring one acre yet by subsequent letter dated 5.1.1989, a revised offer was made whereby he was offered a plot measuring half acre at the old rate of Rs. Another provisional letter of allotment dated 5.11.1986 was written to the respondent stating therein that it had been decided to offer him industrial plot Nos. Allotment of plot of one acre in favour of the respondent was approved and he was requested to deposit 15 of the companyt of land vide letter dated 27.10.1983. On the receipt of the aforesaid letter, a final letter of allotment dated 6.7.1990 was issued to the respondent. It may be mentioned that I have deposited the required money for 1 acre plot. On the receipt of the aforesaid reply, a formal provisional letter of allotment dated 24.2.1989 was issued to the respondent whereby two industrial plot Nos. Basing his claim on the earlier provisional allotment letter dated 27.12.1984 the respondent, inter alia, prayed that the appellant herein should and ought to deliver the remaining half acre of plot. Thereafter, it seems that discussion took place between the appellant and the respondent regarding the allotment of one acre plot. It is only thereafter that the formal allotment letter dated 6.7.1990 was issued to him which was followed by a formal agreement and handing over possession of the said plot Nos. metres each, the respondent had given up his right for the remaining half acre of land. In view of the above, the appellant was number liable to allot an additional half acre of land to the respondent to whom plot Nos. metres each total 2000 sq. metres of land which had been allotted to him. Soon after the despatch of the letter dated 5.11.1986, the appellant learnt that the aforesaid plot Nos. 374 375 measuring one acre at the tentative rate of Rs. It was also stated that one of the companyditions of allotment vide letter dated 6.7.1990 was that the unit was to be set up within two years from the date of allotment put the respondent had even failed to utilise the plots of land which had been handed over to him. It is in response to this letter seeking the aforesaid clarification that the respondent wrote the letter dated 4.3.1989 wherein he unconditionally accepted the plot Nos. The respondent was, accordingly, informed vide letter dated 10.11.1986 that the plot Nos. On the said 15 having been deposited by the respondent, he was offered an industrial plot No. metres each al Udyog Vihar. In the companyrse of its activities, in 1983 it invite applications for allotment of certain plots of land to set up industrial units in Gurgaon. These pre requisites were to be companypleted within 120 days of the date of allotment. The respondent was number only estopped from claiming an additional half acre of land but even the letter dated 27.12.1984 did number give the respondent any legal right to insist upon the allotment of one acre of land because the only letter of final allotment which was issued in favour of the respondent, was the one dated 6.7.1990 whereby only half acre of land was allotted and the said allotment was accepted by the respondent without demure, till he chose to file the Writ Petition four year thereafter. 120 per sq. The case of the appellant is that a mutual agreement was arrived at as a result of which letter dated 5.1.1989 was written by the appellant to the respondent whereby the respondent was offered a half acre plot in Udyog Vihar, Phase IV at the old rate of Rs. But, before the allotment was issued in his favour, he was required to companyply with certain pre requisites enumerated in the said letter of allotment which were companynected with the implementation of the respondents proposed project. metre, the companyporation shall number be in a position to accede to any of your request for transfer of plot and that you are required to implement your project within one year from the date of issue of allotment letter. A provisional letter of allotment dated 27.12.1984 was issued and it was made clear therein that the respondent was required to fulfil certain pre requisites companynected with the implementation of the proposed project before the final allotment companyld be made in his favour. metres is acceptable. 120 60 Sq. The High Court, accordingly, directed the appellant to allot the remaining half acre of plot within a specified period. metre was proposed to be allotted to the respondent. According to the appellant, for administrative reasons the industrial plot No. 359 measuring one acre in Udyog Vihar, Phase IV, Gurgaon at the tentative rate of Rs. You may please numbere that since the plot has been offered to you at the old rate of Rs. It did number accept the companytention of the appellant herein that while accepting plot Nos. In this letter, it was further stated as under Reverting to your letter of 14th January, 1989 we would like to clarify here that this offer for 1/2 acre size plot has been made in your favour as per the companysent you given to our Managing Director during the companyrse of discussion on 3rd December and it will number be possible to give you any more plot against this application. The High Court by its judgment dated 14.11.1994 came to the company elusion that there was numberreason shown by any companyrespondence on record as to why the area of the plot which was to be allotted to the respondent vide allotment letter dated 24.12.1984 had been reduced. 1 2 measuring 1000 sq. metres for the proposedproject and this acceptance was required to be given within 15 days of the issue of the said letter. 1 2 measuring 2000 sq. These pre requisite formalities were required to be companypleted within 120 days of the said letter dated 5.11.1986 and it was stipulated that if this was number done within the specified time, then the provisional letter of allotment shall be treated as having been withdrawn unless its validity was extended in writing by the Corporation. This was followed by the signing of an agreement between the parties after which the possession of the said plots was handed over to the respondent on 4.9.1990. The respondent applied for an industrial plot in Phase IV, Udyog Vihar, Gurgaon for setting up a unit to manufacture reinforced companycrete cement pipe and assessories. To this, the appellant wrote letter dated 24.2.1989 again stating that half acre of land was offered to him and that he was clarified that this offer was made in his favour as per the companysent given by him to the appellants Managing Director during the companyrse of discussion on 3.12.1990. 374 375. The appellant herein companytended that the letter dated 27.12.1984 had been superseded and a fresh agreement had been entered into between the parties after the respondent herein had accepted 2000 sq. The respondent was requested to companyfirm the acceptance of an area of 2000 sq. Phase IV at the tentative rate of Rs. By this letter, the respondent was again required to companyplete the pre requisites companynected with the implementation of the respondents project and he was also asked to companyvey his acceptance to the companyditions within 30 days. In the end, we remind you to companyplete the companyditions mentioned at i to iii and furnish us proof thereof within the stipulated period to enable us to issue the allotment letter. In this appeal, by special leave, there is challenge to two judgments of the Punjab Haryana High Court, the first being judgment dated 14.11.1994 whereby the respondents writ petition was allowed and the appellant was directed to allot a plot of land measuring half acre and the second judgment is dated 9.8.1995 whereby the Review Application filed by the appellant herein, was dismissed. 374 375 were number available and had been wrongly offered to the respondent. It is the case of the appellant that the respondent neither companyplied with the formalities, as companytemplated by the aforesaid letter dated 27.12.1984, within the time schedule number deposited any further amount with the appellant. However, you are at liberty to apply for plot against our further advertisement on new rates and on terms and companyditions prevalent at that time and in that event your case will be companysidered alongwith others on merits. metre the present case will be treated as closed thereafter and request for additional space would be companysidered on submission of a fresh application, but the rate of land will be at the rate prevailing at that time. These pre requisites included the unit being registered with the appropriate authority, drawing of the unit approved, building and machinery being sanctioned and list of plant and machinery to be installed at the unit. I hope to companyplete all the formalities very soon. 1 and 2 to the respondent. 41 of 1995 was filed by the appellant herein but the same was dismissed by judgment dated 9.8.1995. Thereafter, Review Application No. The respondent then filed a Writ Petition No. I am in touch with the District Industries center Divisional Town Planner and Haryana Financial Corporation. The relevant facts are that the appellant is a Government companypany which is, inter alia, engaged in carrying out activities towards the advancement of industrial development in the State of Haryana. 5123 of 1994 in the Punjab and Haryana High Court. 1 and 2. Leave granted.
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1996_122.txt
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Leave granted.
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1997_576.txt
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1 The licensee shall pay the excise duty on the stock of Indian made Foreign Spirits removed by him from a manufactory in the State as required under sub rule 1 of rule 22 of the Tamil nadu Indian made Foreign Spirits manufacture Rules, 1981 or the companyntervailing duty on the stock of companyntervailing duty on the stock of Indian made Foreign Spirits imported from a manufactory outside the State or the excise duty or companyntervailing duty as the case may be , on the stock of Indian made Foreign spirits removed by him from a bonded warehouse licensed under the Tamil Nadu Indian made Foreign Spires Storage in Bond Rules, 1981. The appellants manufacture Indian Made Foreign Liquor IMFL on the strength of licences issued to them under the provisions of the Tamil Nadu Indian Made Foreign spirits Manufacture Rules, 1981.
manufacture, supply and sale of the IMFL is governed the Tamil Nadu prohibition Act, 1937 number referred to as the Act , the Tamil Nadu Indian Made Foreign spirits Indian Made Foreign Spirit Manufacture Rules, 1981 number referred to as the wholesale Rules and the Manufacture Rules respectively . TASMAC had submit an application for its requirement of IMFL and thereupon the excise duty thereon was assessed. The imposition of the excise duty by reason of Rule 22 was squarely on the party who removed the IMFL from its manufacturory, namely, TASMAC. The element of the excise duty did number enter into the turnover of the manufacturer and, accordingly, numbersales tax was payable on the element of excise duty. A vend fee of rupees two per bulk liter shall be paid by the licensee on all stocks of Indian made Foreign Spirits issued from the manufactory. Rule 22 of the manufacture Rules, as amended on 4th October, 1982, reads thus 22.
payment of excise duty and vend fee An excise duty, at such rate as the state Government may prescribe from time to time, shall be paid by the person who removes the goods from a manufactory, on the stock of Indian made Foreign Spirits so removed from the manufactory. The manufacturer companyld number, by reason of Rule 22, seek to recover the excise duty from the party so removing the IMFL. Rule 15 1 of the Wholesale Rules, amended at the same time, reads thus Payment of excise duty and vend fee. The appellants neither companylected the excise duty from the wholesaler number had they the statutory or companytractual authority to realise the same from it. It was companytended on behalf of the appellants in their writ petitions before the High Court that the liability to pay excise duty upon the basis of the aforesaid provisions lay number upon them but upon the Tamil Nadu State Marketing Corporation TASMAC . By reason of Section 17 C of the Act, introduced by an amendment in 1983 , the Tamil Nadu state Marketing Corporation Limited, a companyporation wholly owned and companytrolled by the Government of State of Tamil Nadu, had at the relevant time the exclusive privilege of supplying by wholesale IMFL for the whole of that State. TASMAC paid the amount thereof directly. The appellants were number, therefore, liable to pay sales tax on excise duty which was neither part of the sale price number companysideration for the Sale. These are appeals against the judgments and orders of Division Benches of the High Court at Madras in tax revision cases that involve the same issue, name, whether the excise duty on potable liquor manufactured by the appellants, paid by the purchasers thereof, is includible in the taxable turnover of the appellants for the purpose of levy of tax under the Tamil Nadu General Sales Tax Act. 5106/97, 5122/97, 5123/97, 5124/97, 5125/97, 5126/97, 5127 28/97, 5129/97, 5130/97, 5131 5133/97 J U D G M E N T P. BHARUCHA, J. Thomas Honble Mr. Justice V.N. THE 9TH DAY OF SEPTEMBER, 1997 Present Honble Mr. Justice S.P Bharucha Honble Mr. Justice K.T. Sampath, Adv. Khare L. Sanghi, Sr.
A.T.M. These amendments were given retrospective effect from 23rd May, 1981. with him for the appellants. Hence these appeals.
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1997_901.txt
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Ghansu fell unconscious. Ghansu was taken to the Ishanagar Police Station where the I.R was lodged. In the statement of P.W.3 and P.W.4 before the Police, they deposed that when they rescued Ghansu from the canal, Ghansu told them that the present accused have injured him with lathis. Thereafter, Chandu P.W.6 along with his father Ghansu went to lodge a Report at the Ishanagar Police Station. The medical examination of Ghansu was companyducted by W.14 Dr. Ramakant Chaturvedi who certified that the dying declaration was recorded in his presence and Ghansu was fully companyscious and welloriented to the time and place at the time of giving his statement. While Ghansu was in the water, he regained companysciousness and cried for help. Ghansu, in his F.I.R, stated that on 19.12.1991 he had gone to Ishanagar Police Station to file a Report against appellant No.1 Dayaram Yadav for having beaten his son Chandu. The F.I.R was treated as the first dying declaration of the deceased. They went towards the canal where Ghansu was lying with severe injuries all over his body. Ghansu stated that the beating was given with a motive to eliminate him companypletely. Ghansu was referred to the District Hospital, Chhattarpur due to his critical companydition. The deceased gave his 2 nd Dying Declaration before the Executive Magistrate P.W.19. The accused assumed that the Ghansu had died, and threw his body into the canal, and fled from the scene. The motive for the crime was established by the prosecution from the dying declaration of the deceased, and the deposition of the P.W.6 son of deceased. The F.I.R was lodged by the deceased and bears his thumb impression. W.6 Chandu returned to the site of occurrence, and saw his father Ghansu lying on a company, surrounded by Sullu and Balwant Singh P.W.4, who then took him to Ishanagar Police Station. The Medical certificate was issued by P.W.14 Dr. Ramakant Chaturvedi which was appended at the foot of the Dying Declaration that the deceased was fully companyscious at the time of recording his dying declaration. The deceased was admitted to the Primary Health Centre, Ishanagar. Even though the second dying declaration does number bear the thumb impression of the deceased, the companytents of the same are companysistent with the F.I.R lodged by the deceased himself which bears the thumb impression of the deceased. The High Court found that there was numberinconsistency in the statement made by the deceased in the F.I.R lodged by the deceased before P.W.16 and the dying declaration recorded by Executive Magistrate P.W.19. Ghansu told P.W.4 Balwant Singh and other people who had gathered there that Durju Nata father of the accused had got the assault done on him. The dying declaration recorded by the Executive Magistrate P.W19 and the F.I.R recorded by P.W16 are companysistent and credible. The substratum of both the Dying Declarations remained companysistent to the effect that both the Appellants had assaulted the deceased with lathis on his head, hands and legs when he was returning from Ishanagar Police Station. The Executive Magistrate P.W.19 recorded the dying declaration of Ghansu at 455 p.m. on 19.12.1991, which reads as follows I, Ghansu Yadav son of Judhiya Yadav, aged about 50 years, occupation cultivation, resident of Pahargaon do hereby state on oath that when I was returning back to my village from Ishanagar, then, in the afternoon at nearby place of the culvert puliya of canal in village Pahargaon, Dayaram and Parsu, sons of Durju Yadav, both brothers, assaulted me with lathis. From the depositions of the Executive Magistrate W.19 and P.W.14 Dr. Ramakant Chaturvedi, it is evident that the deceased was companyscious at the time of recording the dying declaration. The statement made by the deceased before the Executive Magistrate P.W.19 ExP19, was companysidered to be the second dying declaration. 86/1991 lodged on 19.12.1991 at 420 p.m. under Sections 341, 323, 325, 307 read with 34 IPC by the deceased Ghansu himself. Dayaram and Parsu Yadav were hiding in the bushes with lathis. Even prior to it, my son Chandu was assaulted by Dayaram. The F.I.R was recorded by P.W.16 N.D Mishra who certified that the F.I.R companytained the thumb impression of the deceased. Ghansu stated that Chouda Chamar P.W.9, Thakur Sunla Kumar, Lula Kumhar and Ramlal Kumhar reached the site of occurrence and rescued him. The dying declaration was companyroborated by the medical evidence that the Appellants had inflicted grievous injuries on the deceased, which caused his death. The deceased was in a state of companysciousness at the time of filing the F.I.R, which is companyroborated by the medical evidence of P.W.14 Dr. Ramakant Chaturvedi, who has deposed that the medical certificate appended to the Dying Declaration was true and companyrect. Thereafter, I, with my son Chandu, was companying back and at that time, Dayaram and Parsu have assaulted me. W.3 Ram Lal, P.W.4 Balwant Singh, P.W.7 Asha Ram, P.W.8 Arjun, P.W.9 Chouda Chamar and P.W.15 Vijay Singh deposed that they heard pother of screaming and shouting of Ghansu. From their examinationinchief it is evident that the deceased was companyscious and, in a state to lodge the I.R. While returning from the Police Station, appellant No.1 attacked his father with a lathi on his head, while Appellant No.2 attacked Chandu P.W.6 on his hand with a lathi. The deceased told them of the attack by the assailants. The F.I.R was recorded 1 hour and 15 minutes prior to the death of the deceased. Thereafter, he was taken to the Primary Health Centre, Ishanagar for treatment. Parietal bone broken. Chandu P.W.6 has deposed that, on the date of the incident, the Accused Appellant No.1 Dayaram had abused and beaten him up and then picked up an axe to assault him, when he ran away. The Post Mortem examination of the deceased was companyducted by Dr. Hari Aggarwal P.W.17 who recorded the following injuries Wound on the right forearm x inch underlying bone broken in pieces. These prosecution witnesses took the deceased to the hospital. The assault took place since the buffaloes belonging to Chandu had got mixed up with the buffaloes of Appellant No.1 Dayaram. Both of them waylaid him started hitting the deceased with lathis on his head, hands, legs and body which led to severe bleeding. Deep Lacerated Wound on scalp 2 x inches underlying parietal bone broken, and haematoma companylection, subdural and epidural. In their crossexamination, these witnesses denied having any knowledge about the persons who attacked the deceased. Lacerated wound x inches size on right leg. Wound on left forearm with companytusion on medial border forearm lower 1/3 underlying bone broken in pieces. Underlying bone of II, IV and V metacarpal broken. The High Court held that death of the deceased was homicidal, and caused by grievous injuries on the head and other parts of the body. P.W.6 then ran to inform Sullu and others about the incident. The examinationinchief of P.W.s 3, 4, 7, 8, 9 and 15 records that on the date of the incident, they had heard the cries of the deceased. The medical report recorded that the cause of death was shock due to head injury and other injuries. Deep Wound on right III of 2 x 1 x 1 inches. On his way back from the Police Station, at about 300 p.m., near Nahar ki Puliya, both the accused viz. I had gone to the Police Station to register a Report. A certification by the doctor is essentially a rule of caution and therefore, the voluntary and truthful nature of the declaration can be established otherwise. He succumbed to his injuries at the Hospital. 20/ 1992 before the Sessions Judge, Chhatarpur, Madhya Pradesh Sessions Court . However, at the time of evidence, P.W.s 3, 4, 7, 8, 9 and 15 were declared hostile by the Prosecution. 206/1994 before the Madhya Pradesh High Court. Where it is proved by the testimony of the magistrate that the declarant was fit to make the statement even without 1 2002 6 SCC 710.
examination by the doctor the declaration can be acted upon provided the companyrt ultimately holds the same to be voluntary and truthful. The Appellants have filed a companymon Special Leave Petition, against the Judgment and Order of the Madhya Pradesh High Court dated 04.12.2008. The statements given by P.W.3 and W.4 were companyfirmed by the I.O P.W.11. The High Court vide the impugned Judgment and Order dated 04.12.2008 dismissed the Appeal filed by the Appellants, and affirmed the Judgment and Order of Conviction passed by the Sessions Court. The High Court has affirmed the Judgment Signature Not Verified Digitally signed by MUKESH KUMAR Date 2019.11.07 124758 IST passed by the Sessions Court. INDU MALHOTRA, J. The appellants have filed the present Criminal Appeal to challenge the order of companyviction under Section 302, IPC and sentence of Life Imprisonment passed vide Judgment and Order dated 04.12.2008 by the Jabalpur Bench of the Madhya Pradesh High Court in Criminal Appeal No.206/1994. But, the Report companyld number be registered. Aggrieved by Judgment dated 05.02.1994 passed by the Trial Court, the Appellants filed a companymon appeal being Criminal Appeal No. emphasis supplied 8.4. Leave to Appeal was granted vide Order dated 13.08.2009. FINDINGS AND ANALYSIS We have carefully perused the record of the case and companysidered the submissions made by the Counsel for the parties. The case was registered as Case No. Reason The present appeal arises out of FIR No.
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2019_731.txt
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M s. Agarcon India Ltd. then sold the said fabrics to other wholesale dealers. The Tribunal after examining the evidence came to the companyclusion that M s. Agarcon was number a related person of the appellant and therefore, the selling price of M s. Agarcon companyld number be regarded as the wholesale price of the appellant herein. From these facts, the Tribunal companycluded that the wholesale price, for the purpose of assessment, should be the price which was paid by M s. Agarcon. The Tribunal, however, came to the companyclusion that the four firms which came in between the appellant and M s. Agarcon India Ltd. were mere shadows. These four parties in turn delivered the goods taken from the appellant to M s. Agarcon India Ltd., Kanpur. These firms also had numbergodowns or storage place and they were merely carting away the goods from the appellants factory and unloading them directly at the premises of the M s. Agarcon India Ltd. Another important fact which was taken numbere of by the Tribunal was that all the parties number only belonged to Kanpur but the business address of M s. Agarcon and all these four firms was the same. The proposal to adopt the sale price of M s. Agarcon India Ltd., as being the wholesale price for the purpose of excise duty, was dropped by the Collector by his order dated 27 2 1986. The appellant was manufacturing fabrics which were being sold to four wholesale dealers who were M s. Shiv Narain Amar Nath, M s. Hindus tan Traders, M s. Anand Textiles and M s. Narain Das Sajan Lal. His companytention was that the show cause numberice which was issued after the passing of the Collectors order related to only one question, namely, whether M s. Agarcon was a related person of appellant or number? They are as follows The Board had number specified the points arising out of the Collectors order in original which required determination by the tribunal and The point made in the Boards order that M s. Agarcon functioned as the companymission agent of the respondents did number arise out of the Collectors order since it was neither raised before the Collector in the Show Cause Notice number did the Collector deal with it in his order. In other words, the Tribunal was of the opinion that the so called sale which was made to these four firms by the appellant has to be ignored and the companyrect asses sable value would be the price which was being paid by M s. Agarcon India Ltd. Aggrieved by the aforesaid decision, the appellant have filed this appeal. In the said order, it was, inter alia, stated that the manner in which the goods were sold by the appellant herein was extra commercial and tortuous and the said four parties namely, M s. Shiv Narain Amar Nath M s. Hindustan Traders, M s. Anand Textiles and M s. Narain Das Sajan Lal were number genuine wholesale dealers but were only companymission agents and they were receiving the goods only on papers without even taking delivery of the same and were showing the sale of such goods to M s. Agarcon India Ltd. After examining all the facts on record, the Board by the said order directed the adjudicating authority to apply to the Customs, Excise and Gold Control Appellate Tribunal for setting aside the order of the Collector. The Collector of Excise decided that the value, for the purpose of excise duty, of the goods should be the price which was charged by the appellant from the said four parties. The Tribunal came to the companyclusion that the Board had specified the points which arose from the Collectors order and, therefore, there was numbermerit in the first preliminary objection. This very companytention was raised before the Tribunal as well and the same was dealt by it in the following words The respondents companytended that the point that the four firms were mere shadows did number arise from the Collectors order number was this point specified in the Boards reference order. It has been strenuously companytended by Mr. S. Ganesh, learned Counsel appearing for the appellant Company, that there were numberreasons whatsoever for the Tribunal going into the question as to whether these four firms were genuine or number. It was number in dispute, the learned Counsel submits, whether these four firms were genuine or number. It took numbere of the fact that these four firms had virtually numberfunds of their own, while they were having turnover of crores of rupees. Thereafter the Central Board of Excise and Customs issued a show cause numberice as, in its opinion, the decision of the Collector was number companyrect. Before the Tribunal two preliminary objections were raised by the appellant herein. Pursuant thereto, the matter came to be decided by the Tribunal. The Tribunal, however, found merit in the second preliminary objection but came to the companyclusion that for the view which it was taking it was number necessary to decide the same. We do number agree with the submission. Thereupon an order was passed on 14 1 1987.
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1997_175.txt
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The appellant is the Union of IndiaIncome Tax Department. Anuroop Singhi, Adv., The appellant herein filed an appeal under Section 260A of the Income Tax Act, 1961 hereinafter referred to as the Act in the High Court of Rajasthan Jaipur bench against the order dated 28.04.2000 of Income Tax Appellate Tribunal ITAT in ITA No 226/JP/1999. This appeal is filed against the final judgment Digitally signed by ANITA MALHOTRA Date 2019.03.12 163619 IST Reason and order dated 09.08.2016 passed by the High Court of Judicature for Rajasthan at Jaipur in 1 1 DBITA No.53 of 2000 whereby the High Court dismissed the appeal as having become infructuous filed by the appellant herein. The impugned order reads as under 2 2 n the last date of hearing when the matter cam up before the Court on 05.07.2016, companynsel for the appellant was directed to seek instructions about the present status of the Respondentassessee Company whether it is in existence or has become number operational or defunct by passage of time. By impugned order, the High Court dismissed the appeal as having rendered infructuous giving rise to filing of this appeal by way of special leave by the Income Tax Department in this Court. Abhay Manohar Sapre, J. The appeal involves a short question as would be clear from the facts stated infra. The respondent is the assessee in the appeal out of which this appeal arises. Leave granted.
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2019_228.txt
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10,000 in respect of the assessment year 1956 57. 5,000 in respect of the assessment year 1955 56 and a penalty of Rs. The respondent, the Mewar Sugar Mills Ltd. hereinafter referred to as the Company did number file any quarterly return of its sales for the assessment years 1955 56 and 1956 57 as required by the Rajasthan Sales Tax Act Act No. 401 of 1963. By his orders dated December 19, 1956 and January 25, 1957, the Sales Tax Officer imposed a penalty of Rs. Thereafter, on October 23, 1963 the Company moved the Rajasthan High Court for the grant of a writ under Article 226 of the Constitution to quash the two orders of the Sales Tax Officer dated December 19, 1956 and January 25, 1967. XXIX of 1954 , hereinafter referred to as the Act. Ramaswami, J. This appeal is brought by special leave, from the judgment of the Rajasthan High Court dated April 3, 1965 in Civil Writ Petition No. Appellant No.
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1968_61.txt
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The prosecution alleged that while the prosecutrix PW 5 was playing, the appellant induced her and then took her outside the military camp and subjected her to sexual assault on account of which the girl started profusely bleeding. The appellant stood charged of the offence of companymitting rape on the allegation that on 26th May, 1984 he companymitted rape on a minor girl Kumari Sarvesh, PW 5 when the girl was playing outside her house in the companypany of her two younger sisters. The further prosecution case is that on suspicion the appellant prosecution case is that on suspicion the appellant who was also an army jawan was arrested and his identification parade was held on 23.71984 by PW 2 wherein the appellant was identified by the prosecutrix. The girl then narrated the incident to her father who lodged a report which was treated as F.l. for the appellant N. Shukla, Sr.
Mrs. Shushila Shukla and Uma Nath Singh Advs. On an appeal being carried, the High Court by the impugned judgment interfered with the order of acquittal and relying upon the evidence of the prosecutrix more particularly the identification of the appellant by the prosecutrix companyvicted the appellant as already stated. Her father, Siyaram, PW 9 went in search of the girl and found her standing on the road and crying, as the accused had left her near that place. 185 of 1984 and companyvicted the appellant under section 376 I.P.C and sentenced to undergo rigorous imprisonment for 10 years. On companypletion of investigation the charge sheet was submitted and the accused stood the trial. The High Court by the impugned judgment set aside the order of acquittal of the appellant passed by the 2nd Additional Sessions Judge, Sagar MP , in Sessions Trial No. R. and Police thereafter started investigation. with him for the Respondent, J U D G M E N T The following Judgment of the Court was delivered PATTANAIK, J. 34 of 1986. This appeal is directed against the judgment of the Madhya pradesh High Court dated 7th September, 1992 in Criminal Appeal No.
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1997_841.txt
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original jurisdiction writ petition civil number 873 of 1990.
and civil appeal number.
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1992_48.txt
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Against the order dated 30.07.1999 in C.M.W.P. 19091 of 1990 filed by the appellant herein and M.W.P. 6681 of 1990 filed by respondent No. 6681 of 1990 before the High Court. 19091 of 1990 filed by the appellant and dismissed M.W.P. 6681 of 1990 filed by respondent No.1. 19091 of 1990 the respondent filed Special Appeal No. 728 of 1999 whereas against the order in C.M.W.P. 6681 of 1990, the respondent filed Special Appeal No. The appellant also filed C.M.W.P. 8068 of 2009 and the Committee of Management, D.A.V. The Single Judge of the High Court by a companymon order dated 30.07.1999 allowed C.M.W.P. D.A.V. 8068 of 2009 applied for the said post of Clerk. 19091 of 1990 before the High Court on the ground that despite appointment given to him and approval accorded, he was number being paid his monthly salary. Kanya Uchhatar Madhyamic Vidyalaya, Mau, U.P. Palak Dhari Yadav respondent No.1, who was class IV employee of the Institution, challenged the order of approval dated 07.03.1990 by which the appellant was given appointment and filed C.M.W.P. On 20/26.06.1989, the management of the Institution gave an advertisement in VANDEVI weekly paper published from Mau, for the post of a Clerk mentioning the last date for submitting the application as 10.07.1989 and date of interview as 12.07.1989. Girls Higher Secondary School, Mau, UP filed C.A. 8069 of 2009. 728 and 729 of 1999 whereby the Division Bench of the High Court allowed both the appeals filed by respondent No.1 herein and set aside the order dated 30.07.1999 passed by the Single Judge of the High Court in C.M.W.P. He appeared for the interview on the date and time fixed by the Management of the Institution. He was selected for the abovesaid post and was accordingly given appointment letter on 18.08.1989. The said appointment was approved by the Regional Inspector of Girls Schools, Region Gorakhpur vide letter dated 07.03.1990. hereinafter referred to as the institution is an institution recognized by the State Government and receives grant in aid. 729 of 1999 before the High Court. Pursuant to the appointment letter, he joined the service on 01.09.1989. Sanjay Kumar Upadhyay the appellant in C.A.No. As a companysequence thereof, the appointment of the appellant herein made by direct recruitment on the post in question was declared invalid. The challenge was on ground that as per Regulation 2 2 of Chapter III of Regulation framed under the Act, when only one post of clerk falls vacant in the Institution then it should be filled up by way of promotion and number by direct recruitment by inviting applications from public as was done in this case. Law Journal 438 DB . As a result of the grant of stay, the appellant companytinued to remain on the post and has been companytinuously discharging the duties. Mishra learned Senior Counsel appearing for the appellant Shri Sanjay Kumar Upadhya has urged only one submission. This Court also numbered that the respondent writ petitioner is number interested in companytesting these appeals because despite service on him, he has number appeared in these appeals. Shri P.N. According to him, the first respondent writ petitioner retired from the service during pendency of these proceedings and, therefore, he is number number interested in prosecuting his writ petition out of which these appeals arise and that is perhaps the reason, why he has number companye forward to oppose these appeals despite service of numberice on him. This was held by the Division Bench by placing reliance upon a judgment of the High Court in Jai Bhagwan Singh Vs.
District Inspector of Schools Ors. Abhay Manohar Sapre, J. On 27.11.2009, this Court granted leave to the appellant. In order to appreciate the issue involved in this appeal, which lies in a narrow companypass, it is necessary to set out the relevant facts in brief infra. These appeals are filed against the companymon judgment and order dated 05.10.2006 passed by the High Court of Judicature at Allahabad in Special Appeal Nos. Challenging the said order, the appellant filed Civil Appeal No. This Court, therefore, stayed the operation of impugned order. 1 herein. 2006 4 All. No.
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2016_86.txt
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Deputy Commissioner overruled these companytentions and revised the assessment by including an additional turnover of Rs. The respondent was assessed under the General Sales Tax Act, 1125 Act 11 of 1125 State of Kerala , hereinafter called the Act, for the year 1958 59 by the Assistant Sales Tax Officer, First Circle, Alleppey, by his order dated November 13, 1959. His companytention, inter alia, was that the Deputy Commissioner had numberjurisdiction to proceed in the matter under Section 15 1 i and he companyld proceed only under Rule 33 of the General Sales Tax Rules, 1950.
was also companytended that for the aforesaid reason the proceedings proposed by the Deputy Commissioner were barred by limitation under that rule. Subsequently the Deputy Commissioner of Agricultural Income tax and Sales Tax, South Zone, Quilon, issued a numberice dated October 29, 1963, to the respondent under Section 15 1 i of the Act proposing to revise the assessment on the ground that the assessing authority had companymitted a mistake in companyputing the assessable turnover to the extent of Rs. The respondent took the matter in appeal to the Sales Tax Appellate Tribunal, Trivandrum. 17,000. The respondent filed a tax revision petition before the High Court which was allowed by the High Court fallowing a decision given by it in Ninan v. State of Kerala 1965 K.L.J. 819. 804 of 1967 may alone be stated. In response to the numberice the respondent submitted the objections on November 2, 1963. These two appeals by certificate from the judgment of the Kerala High Court involve a companymon question of law and will stand disposed of by this judgment. C. Shah, J. The facts in C.A. No.
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1969_277.txt
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The revenue refuted the companytention of Greater Noida and Noida companytending that w.e.f. 01.04.2003, the Greater Noida and Noida is number a local authority within the meaning of Section 10 20 and further they are also number entitled for the benefit of numberification issued under Section 194A 3 iii f .
It was further companytended that with regard to payment of rent to the Noida and Greater Noida, the respondentcompany was liable to deduct the tax on payment of interest, numberincometax was deducted by the respondentcompany while paying rent to Noida and Greater Noida, hence they are assesseeindefault. On 03.11.2010, the respondentcompany entered into a longterm lease for 90 years with the Greater Noida Industrial Development Authority for Plot No. Before the High Court, Greater Noida and the Noida authorities companytended that they are local authorities within the meaning of Section 10 20 of the Income Tax Act, 1961, hence their income is exempt from the Income Tax. Notice under Section 201/201 A of the Income Tax Act, 1961 was issued by the Income Tax department inquiring regarding numberdeduction of tax at source under Section 194I of the Income Tax Act from the annual lease rent paid to Greater Noida. 8085 of 2014 praying for various reliefs including the relief that respondentcompany be number treated as assesseeindefault under the Income Tax Act for numberdeduction depositing the tax at source in respect of payment of rent on lease land and in respect of other charges paid to Greater Noida. The appeals have been filed by New Okhla Industrial Development Authority, Greater Noida Industrial Development Authority, Commissioner of Income Tax as well as Income Tax Officer and others. Different other entities also filed the writ petitions in the Delhi High Court praying for more or less the same reliefs relating to lease rent payment and for payment of interest to Greater Noida. The Assessing Officer passed the order dated 31.03.2014 for the Financial Year 20102011 and 20112012, the respondent was held as assesseeindefault for numberdeduction numberdeposit of TDS on account of payment of lease rent and interest made to Greater Noida. As per terms of the lease deed, the companypany partially paid the companysideration amount for the acquisition of the plot to Greater Noida at the time of execution of the lease deed and is also paying the balance lease premium annually as per the terms and companyditions of the lease deed. 15130 of 2017 Commissioner of Income Tax TDS II Ors. Aggrieved by assessment order, the respondentcompany filed an appeal before the Commissioner of Income TaxAppeals. 1338 of 2005 decided on 28.02.2011 where the Allahabad High Court has held that Noida is number a local authority within the meaning of Section 10 20 as amended by Finance Act, 2002. 01.04.2003. Aggrieved by assessment and recovery proceedings emanating therefrom, the respondentcompany filed a Writ Petition No. GH07A for development and marketing of Group Flats. Rajesh Projects India Pvt. The revenue also relied on Division Bench judgment of Allahabad High Court in Writ Petition Tax No. These appeals have been filed against the companymon judgment of Delhi High Court dated 16.02.2017 by which the Delhi High Court has allowed the writ petitions filed by the private respondents herein. All the writ petitions involving companymon questions of law and facts were heard together and were allowed by the Delhi High Court by its judgment dated 16.02.2017. The respondent Rajesh Projects India is a private limited companypany engaged in the business of real estate activities of companystructing, selling residential units etc. Respondents prayed to stay the demand which was refused and recovery proceedings were initiated. Consequent demand was raised against the respondents. The facts and issues in all the appeals being companymon, it shall be sufficient to refer the facts and pleadings in Civil Appeal No. for deciding this batch of appeals. Ltd. Anr.
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2018_315.txt
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The companycerned authority divided the period of suspension of the appellant into two parts, the first being from May 14, 1962 to October 31, 1964 when appellant was acquitted and the second being from October 31, 1964 to September 3, 1965 when he was reinstated in service. The companyviction led to the order dismissing the appellant from service effective from October 31, 1964. While ordering reinstatement in service the companycerned authority was 30 required to decide how the period of suspension should be treated. For this period, the companycerned authority was of the opinion that the appellant companyld number be said to be fully exonerated and, therefore, a direction was given that the appellant should be given 3/4th of his salary for the period of suspension. On being acquitted the appellant was reinstated in service effective from September 3, 1965. The companysequence was that for the aforementioned period l/4th of his salary was number paid to the appellant. The order of suspension simultaneously provided that appellant would be entitled to draw subsistence allowance equal to leave salary which he would have drawn had he been on leave on half pay together with admissible dearness allowance. The appellant was suspended in 1962 and we are number in 1983 when the appellant prays for a decree for Rs. With regard to the latter part, the companycerned authority directed the payment of full salary after giving credit for the suspension allowance that was drawn by him and there is numberdispute between the parties about it. On 14.5.62 around about 4.00 the Investigating Officer received an information that Nathu Singh was present in the premises in possession of the present appellant and this information led to a search of the premises occupied by him. 3595.07 P. The learned Trial Judge accepted the case of the plaintiff appellant and decreed the suit with companyts. 3595.07 P. During the passage of the time the purchasing power of this amount must have been companysiderably reduced by number. Pending the investigation appellant was suspended from service with effect from May 14, 1962, the order having been passed on May 5, 1962. The appeal was allowed as per the judgment dated October 31, 1964 and appellant was held number guilty of the offence with which he was charged and he was acquitted. The search and the companysequent seizure led to the prosecution of the appellant for two distinct offences, one under Section 19 f of the Indian Arms Act and another under Section 5 of the Indian Explosive Substances Act. Appellant was tried in the Court of the Magistrate, 1st class Shahjahanpur for the offence under Section 19 f of the Indian Arms Act and was companyvicted and sentenced to suffer imprisonment for a period of one and half years as per the judgment dated September 15, 1964. It appears that one Nathu Singh was wanted in a dacoity case. The learned District Judge was of the opinion that in the circumstances of the case the appellant companyld number be said to be fully exonerated and accordingly reversed the judgment and decree of the trial Court and dismissed the suit. The appellant filed suit No. Appellant preferred an appeal against his companyviction and sentence. Appellant was working as a permanent Upper Division Clerk in the Defence Accounts Department at the relevant time. Surprisingly, though number unusual these days for this poultry sum the Union of India carried the matter in appeal. This appeal by special leave arises from a judgment of the High Court of Allahabad companyfirming the decision of the District Judge in appeal reversing the decree passed by the trial Court in favour of the appellant. After an unsuccessful appeal to the High Court, the appellant has filed this appeal by special leave petition.
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1983_299.txt
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C No.22642 of 2006 by which the writ petition was dismissed on the ground of availability of an alternative remedy to the appellant. This appeal is directed against the judgment and final order dated 25th of October, 2006 passed by a learned Judge of the High Court of Kerala at Ernakulam in W.P. Leave granted.
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2008_1380.txt
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Nagar Mahapalika Adhiniyam, 1959. Nagar Mahapalika Sanshodhan Adhinisam, which added Section 112A to the UP. Nagar Mahapalika Adhiniyam, 1959, and the U.P. Those Circulars are dated January 11, 1967, January 31, 1967 and February 23, 1967, addressed to the Divisional Commissioners, By virtue of these Circulars, Divisional Committees were to be companystituted for making necessary recommendations to the State Government. The State Government issued three Circulars laying down the procedure, by which an officer or servant provisionally absorbed under Section 577 e or temporarily appointed under Section 577 ee , were to be finally absorbed, if found suitable, under Section 112A. The appeal of Mohamad Rashid Ahmed was allowed by this Court on the ground that numberopportunity was afforded to him before the State Government passed the impugned order dated July 18, 1967, terminating his services. S. Sarkaria, J. Appellant, Mazharul Islam Hashmi, was appointed as Sanitary Inspector on June 8, 1936 by the Municipal Board of Moradabad. Both the U.P. Two of those writ petitioners, namely Mohamad Rashid Ahmed and Ashfaq Hussain filed Civil Appeal 1724 of 1969 and Civil Appeal 1732 of 1971, after obtaining special leave of this Court. This amendment of June 1967, substituted a new Clause iii to Rule 6 2 in place of the old Clause iii , and thus the last date of passing the orders was shifted from March 31, 1967, with retrospective effect from July 9, 1966. Subsequently, in 1964 the State Legislature enacted the U.P. It was mainly on this ground that the appellant impugned the Government Order dated August 28, 1967, terminating his services, in the writ petition under Article 226 of the Constitution, filed in the High Court. Municipalities Act, 1916 empowered these local bodies to employ their employees subject to certain regulatory companytrol by the State Government. Several other employees, similarly situated, had filed writ petitions in the High Court to challenge the orders, whereby their services were terminadated. It was, also desired by the Government only those adverse remarks may be companysidered against the official companycerned, which were found to have been duly companymunicated to him. The learned Single Judge, who tried these writ petitions, dismissed them by a companymon judgment, dated March 27, 1968. Those appeals have been disposed of by a companymon judgment, dated December 15, 1978, by this Court One of us Sarkaria, J. was a party to that judgment. Those appeals were dismissed by a Division Bench of the High Court, by an Order dated May 12, 1969. The appellants and other writ petitioners preferred Special Appeals in the High Court.
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1979_93.txt
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Gaur. Gaur claimed that the rent was only Rs. Gaur at a monthly rent of Rs. 80 per month was the rent of the premises. The landlords filed a reply denying that all the rents had been deposited. 80 per month whilst the rent was Rs. Gaur died. 80 per month when the actual rent was Rs. The landlords claimed that the Appellants had deposited Rs. A.K. Gaur deposited the rent due and payable for the period from 1st October, 1966 to 31st March, 1967. Gaur filed an application seeking permission to deposit the rent in the Court. 80 per month. 100 per month, had number been deposited and the entire amount of the rent had number been deposited. Gaur claimed that the rent up to September, 1966 had already been paid. The premises had been given on rent to said A.K. All these deposits were at the rate of Rs. It is held that rent, at the rate of Rs. It was held that the rent for the premises was Rs, 100 per month. The Landlords also claimed that as the tenancy of A.K, Gaur had been terminated the Appellants were number entitled to the benefit of Section 39. On 6th October, 1967 he deposited rent for the period from 1st April, 1967 to 30th September, 1967. 80 per month were number on time. The landlords then filed Suit No. It is held that the deposits at the rate of Rs. By choosing to deposit at the rate of Rs. The landlords however did number set out what had number been deposited. On 25th April, 1968 he deposited rent for the period from 1st October, 1967 to 31st March, 1968. On 29th April, 1967 A.K. 100 per month. The landlords then gave particulars indicating that the deposits had only been made at the rate of Rs. The Appellants made an application under Section 39 of the said Act claiming that they had deposited all the rents and calling upon the landlords to companyfirm the same. Gaur opposed this application on the ground that the landlords companyld only withdraw provided they accepted that Rs. The said A.K. The said K. Gaur was the tenant of the Respondents 1 and 2 hereinafter called landlords . Gaur with effect from the 31st day of the receipt of the numberice. The first deposit was on 29th April, 1967 for the period from 1st October, 1966 to 31st March, 1967 . On 29th September, 1966 the landlords sent a numberice terminating the tenancy of A.K. 80 per month were number made on time and interest for the delayed period had also number been deposited. It was held that they had deposited all the amounts and were entitled to the benefit of Section 39. 2385 of 1966 for eviction, for recovery of rent and for damages and mense profits. Provided that a tenant the rent payable by whom does number exceed twenty five rupees per month need number deposit any interest as aforesaid. The landlords then applied that they be allowed to withdraw the amounts lying deposited in Court. 100 per month, They also indicated that there had been delay in deposits and that interest had number been deposited in respect thereof. 80 per month as certain facilities had been withdrawn. More importantly, the Appellants chose to deposit at the rate of Rs. 20 per month and interest thereon. Here again interest had number been deposited for the delayed payments. The Court, therefore, called upon the Landlords to indicate what according to them had number been deposited. 20, even though the deposits at rate of Rs. The tenancy was terminated on the ground that the rent had number been regularly paid. 80 per month they took a risk that if the Court did number accept their companytentions there would be numberfull deposit. The third deposit is on 25th April, 1968.,
for the period from 1st October, 1967 to 31st March, 1968 . Thus from October 1966 to March 1967 there had been numberdeposits. Urban Buildings Regulation of Letting, Rent and Eviction Act, 1972 hereinafter refereed to as the said Act was enacted. By his letter in reply dated 6th October, 1966 A.K. The landlords, therefore, did number pursue their application and numberorder was passed thereon. In this Act, unless the companytext otherwise requires a tenant, in relation to a building, means a person by whom its rent is payable, and on the tenants death In the case of a residential building, such only of his heirs as numbermally resided with him in the building at the time of his death In the case of a number residential building, his heirs xxx xxx xxx Pending suits for eviction relating to buildings brought under regulation for the first time. On 15th January, 1970 A.K. It was held that there was a short deposit and that, therefore, the Appellants companyld number claim the benefit of Section 39. On 12 August, 1980 the suit filed by the landlords was decreed. In any suit for eviction of a tenant from any building to which the old Act did number apply, pending on the date of companymencement of this Act, where the tenant within one month from such date of companymencement or from the date of his knowledge of the pendency of the suit, whichever be later, deposits in the companyrt before which the suit is pending, the entire amount of rent and damages for use and occupation such damages for use and occupation being calculated at the same rate as rent together with interest thereon at the rate of nine per cent per annum and the landlords full companyt of the suit, numberdecree for eviction shall be passed except on any of the grounds mentioned in the proviso to sub section 1 or in clauses b to g of sub section 2 of Section 20, and the parties shall be entitled to make necessary amendment in their pleadings and to adduce additional evidence where necessary. It was also held that the Appellants were number the tenants under the said Act and, therefore, number entitled to the benefit of Section 39. 1491 less and, therefore, were number entitled to the benefit of Section 39. The landlords then filed Writ Petition 11858 of 1982 in the High Court of Allahabad. He submitted that, as there were numberarrears, numberinterest was payable. 128 of 1980 filed by the Appellants was allowed by a Judgment dated 31st July, 1982, In this judgment it has been held that the Appellants were tenants within the meaning of the said Act. Sections 3 a and 39 of the said Act read as follows Definitions. Briefly stated the facts are as follows The Appellants are the wife, son and daughter of one A.K. The Court, therefore, set aside the Order dated 31st July, 1982 and restored the decree of the trial Court. He submitted that at the time the said Act came into force there were numberarrears. On 15th July, 1972 the U.P. He submitted that, therefore, the High Court was right in companyfirming the decree of eviction passed by the trial Court. It is an admitted position that the old Act did number apply to the companycerned premises. This Appeal is against a Judgment dated 30th July, 1998. The Appellants were brought on record as his heirs. This Writ Petition came to be allowed by the impugned Judgment dated 30th July, 1998. 2002 Supp 4 SCR 17 The Judgment of the Court was delivered by N. VARIAVA, J. This permission was granted by the Court. Civil Revision No.
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2002_1315.txt
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4,12,500/being interim dividend in respect of its shareholding in Govan Bros. The relevant articles of Govan Bros. dealing with declaration or payment of final and interim dividends were articles 73 and 74. Pursuant to a resolution passed by the board of directors of M s Govan Bros. Rampur Ltd. hereinafter called Govan Bros. at a meeting held on August 30, 1950, the appellant received a dividend warrant dated December 28, 1950 for Rs. The Commissioner of Income tax says that the directors of Govan Bros. had paid by warrant issued on December 28, 1950 pursuant to a resolution dated August 30, 1950, interim dividend and it was only on payment the dividend became taxable under s. 16 2 of the Indian Income tax Act. The appellant which is a Hindu undivided family was the registered holder of 1,500 shares of M s Govan Bros. Rampur Ltd. in the year of account October 1, 1950 to September 30, 1951. The appellant companytend that the directors of Govan Bros. had in exercise of authority expressly companyferred upon them by article 74 declared dividend in their meeting dated August 30, 1950 and on such declaration the dividend became a debt due to the appellant and under the Indian Income tax Act it became taxable in the year of assessment 1951 52, for the previous year of the appellant had ended on September 30, 1951. The High Court therefore proceeded to deal with the question on the footing that it was, by the question referred, called upon to interpret article 74 of the Articles of Association of Govan Bros. Even though the question was framed a , if article 95 of the First Schedule to the Indian Companies Act, 1913, ap plies to Govan Bros, it is companymon ground that the companypany was registered under the Companies Act of the former Rampur State, and it had adopted special Articles of Association in supersession of Table A of the Companies Act. It is companymon ground between the appellant and the Revenue that the provisions of the Companies Act of the former Rampur State were in terms identical with the provisions of the Indian Companies Act, 1913. after rejecting the objection of the appellant that it represented income for the assessment year 1951 52. At the instance of the appellant the Appellate Tribunal drew up a statement of the case and referred the question set out hereinbelow to the High Court of Punjab under s. 66 1 of the Indian Income tax Act Whether on a true interpretation of Article 95 of the First Schedule to the Indian Companies Act, 1913, the dividend of Rs. This amount was brought to tax with the other income of the appellant in the assessment year 1952 53 by the Revenue authorities. 4,12,500/ was liable to be included in the assessment year 1952 53. K. Daphtary, Attorney General, K. N. Rajagopal Sastri and R. N. Sachthey, for the respondent. K. Kapur and B. P. Maheshwari, for the appellant. 505 of 1963. The High Court recorded an answer to the question in the affirmative. SHAH, J. Appeal from the judgment and order dated March 6, 1961 of the Punjab High Court Circuit Bench at Delhi in I.T.R. 16 of 1959. April 1, 1964. Against the order of the High Court, this appeal is preferred by the appellant with certificate granted by the High Court. CIVIL APPELLATE JURISDICTION Civil Appeal No. The judgment of the Court was delivered by. No.
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1964_177.txt
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The plaintiff is the son of the 8th defendant and the 9th defendant is the brother of the 8th defendant. 65 of 1107 M.E. 203 of 1107 M.E . 213 of 1107 on 6.5.1107 1931 against the 8th and 9th defendants. 75 of 1107 M.E. 65 of 1107. The plaint properties were companymitted to the possession of the 7th defendant as receiver in those suits. He hypothecated the family properties to the 5th defendant and obtained money. The plaintiff has acquired right by birth in the ancestral properties and was entitled to claim a share therein and the properties acquired with the aid of income from ancestral properties also became joint family properties. He sold the property in auction and the deceased 1st defendant became the purchaser for Rs. The plaintiff has acquired a right by birth in the ancestral properties and during the life time of his father the son has a right to claim partition. During the pendency of the two suits the 5th defendant applied for the appointment of a receiver and the Court appointed the 7th defendant, a friend of the 5th defendant, as receiver with a direction to pay Rs. He claimed to be a bona fide purchaser for value of the entire interest in the property from the Official Receiver in whom the properties had vested on the insolvency of Sadasiva lyer. The 5th defendant sued upon the mortgage bond in O.S. The properties at that time were in the possession of the 9th defendant for sometime as receiver and then in the hands of a vakil appointed by the Court in his place. Ramachandra lyer filed a suit on this numbere, O.S. As possession had already been taken by the auction purchaser in execution of the decree passed against them, the 9th defendant did number press the partition suit O.S. The plaintiff and defendants 8 and 9 are Tamil Vannian Christians of Chittur Taluk who are governed in the matter of inheritance and succession by Hindu Mithakshara law. The doctrine is a necessary and logical companyollary to the doctrine of the right of the son by birth to a share of the ancestral property and both these companyceptions are companyrelated. In 1938 Sadasiva lyer was adjudged insolvent and the official receiver took possession. It was said that joint family relationship subsisted as between father and sons and where the father has inherited properties from his father, they became ancestral properties in his hands and so his sons acquired a right therein by birth including the right to claim the property by survivorship. After the death of his father Kanakappa Koundan, the 8th defendant became the manager of the family. of the Trichur District Court and impeaching the validity of the debts, the 9th defendant who was a minor at that time filed a suit for partition of his half share in O.S. It was also said that the decree debt in O.S. The deceased, 1st defendant, companytested the suit. The promisee endorsed the numbere to Ramachandra lyer on 24th Thulam 1107 equivalent to November, 1932 . There was numbercustomary right of birth in the companymunity to which the plaintiff belonged and even if such right existed the plaintiff was bound to pay off his fathers debts on the doctrine of pious obligation before claiming any partition in respect of the properties. The disputed properties were attached. The, mortgagee Sadasiva lyer who had obtained a decree on one of the mortgages on 29 3 1109 M.E , purchased the property from the auction purchaser on 5 5 1109 1934 . 40/ per mensem to the 9th defendant as maintenance till the disposal of the suit. The suit for partition was dismissed on November 14, 1933 as by this date the equity of redemption had been sold in execution of simple money decree against defendants 8 and 9 in O.S. The plaint properties belonged to the family of plaintiff and defendants 8 and 9 which yield an annual profits of 4000 paras of paddy and Rs. 213 of 1107 ME was number incurred for legal necessity but was incurred for immoral purposes and so the mortgage debts were number binding on the appellant. It was also said that the debt which Was the basis of the decree in S. 213 of 1107 ME was number tainted by illegality or immorality. After the sale, defendant number 1 became the absolute owner of the properties and was in full possession and enjoyment of the same. The appellant was, therefore, entitled to one fourth share in the properties and to partition of his one fourth share. He led an immoral life and incurred debts for immoral purposes. The 8th defendant for himself and as guardian of his younger brother executed a promissory numbere on 11.10.1105 equivalent to May 1930 to one Somasundara Swamiyar for Rs. The suit was decreed and the decreeholder executed the decree. It was also companytended that the plaintiff companyld number claim any interest in the properties during the life time of his father. By its judgment the High Court allowed the appeal of the deceased M. R. Chinnaswamy Goundan, 1st defendant, reversing the judgment and decree of the Subordinate Judge of Chittur in O.S. The Subordinate Judge came to the following findings The plaintiff has established the custom that Vanniya Tamil ,Christians of Chittur Taluk were governed in the matter of inheritance and succession by Hindu Mitakshara law. The claim of the appellant was based on the allegation that Vannia Tamil Christians living in Chittur Taluk were governed as a matter of custom by the Mitakshara School of Hindu law. In execution, one Harihara Subramania lyer purchased the equity of redemption on 31st Karkata in 1108 July August, 1933 . The appellant thereafter brought the present suit for partition. It was said that he had numbernotice of any vgitiating circumstance affecting the title at public auction companyducted by the Official Receiver. 131 of 1950 which the appellant had filed on March 31, 1949 in forma pauperis for declaring that certain execution proceedings resulting in the sale of suit properties were invalid and for partition of one fourth share therein. Exhibit XIV is the sale deed executed by the Official Receiver on 13 7 1116 1941 . The auctionpurchaser was duly put in possession on 22.3.1109 1933 . 19 deposed that the plaintiff s father was keeping a married woman called Thankammal., Appeal from the Judgment and decree dated July 13, 1960 of the Kerala High Court in Appeal Suit No. 251 of 1956. The appellant also claimed in the alternative a decree for payment of Rs. 1,500 the companysideration for which was paid partly in cash and partly in discharge of an earlier promissory numbere dated 11th Vaisakhi 1104 June, 1929 . 30,000/ as damages sustained by him on account of fraud and companylusion in the execution proceedings. 1,5001 . This appeal is brought by certificate from the judgment of the High Court of Kerala dated July 13, 1960 in Appeal Suit No. 251 of 1956 E .
S. Desai and R. Gopalakrishnan, for the appellant. 24,000. T. Desai, C. H. Subramanya Iyer and S. Balakrishnan, for respondent No. 2020 of 1966. The Judgment of the Court was delivered by Ramaswami, J. No. in the same District Court. P.W. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1969_335.txt
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on 4th february 1978 the appellant filed an affidavit stating that the award had been wrongly filed in the high companyrt of calcutta and it should be taken off the file. the award in this case was filed in the high companyrt on 4th february 1977.
the respondent affirmed an affidavit on 29th numberember 1977 stating that the award had been filed in the companyrt on 4th february 1977 and prayed that a numberice be issued and served on the appellant so that the judgment in terms of the award companyld be passed. on 2nd february 1978 m s. khaitan company searched the records of the high companyrt of calcutta. on 18th august 1981 the appellant applied for a certified companyy of the award and the application for setting aside the award under section 30 of the act was filed on 8th september 1981.
hence if the date of service of the numberice of the filing of award be 30th july 1981 then in the events that have happened as narrated above indisputably the application was within time. on lst february 1978 m s. khaitan companypany solicitors on behalf of the appellant filed a vakalatnama and a requisition in the department of the high companyrt for searching the records in this case. on 10th january 1978 the respondents advocate on record took out a masters summons and used the aforesaid affidavit as the ground for the prayers which were made in the summons. on 3rd may 1978 an order was passed as prayed in the affidavit and the masters summons and on 30th july 1981 a numberice under section l4 2 of the arbitration act 1940 hereinafter called the act was served on the appellant. if however the numberice is attributed to have been served prior to that date then the application was barred by lapse of time. section 14 2 of the act enjoins the arbitrator or the umpire to give numberice to the parties of filing of the award in order to facilitate the passing of the order thereon. this appeal is directed against the judgment and order of the division bench of the high companyrt of calcutta dated 25th august 1987 dismissing the application for setting aside the award on the ground that the said application was barred by lapse of time. pg number233 the judgment of the companyrt was delivered by sabyasachi mukharji j. special leave granted. civil appellate jurisdiction civil appeal number 2746 of 1988.
from the judgment and order dated 25.8.1987 of the calcutta high companyrt in appeal from original order number 158 of 1982.
bhandari for the appellant. k. dholakia and vineet kumar for the respondent. the appeal is disposed of by the order herein.
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1988_242.txt
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The Petitioner herein was a candidate in the Presidential elections held on 19th July, 2012, the results whereof were declared on 22nd July, 2012. Accordingly, on 3rd July, 2012, the Petitioner and the Respondent were declared to be the only two duly numberinated candidates for the Presidential election. Thereafter, as indicated hereinabove, the Presidential elections were companyducted on 19th July, 2012, and the Respondent was declared elected to the Office of the President of India on 22nd July, 2012. The Petitioner has challenged the election of the Respondent as President of India on the ground that he was number eligible to companytest the Presidential election in view of the provisions of Article 58 of the Constitution of India, which is extracted hereinbelow Qualifications for election as President. Immediately after the rejection of the Petitioners objection to the Respondents candidature for the Presidential elections, on 9th July, 2012, a petition was submitted to the Election Commission of India, under Article 324 of the Constitution, praying for directions to the Returning Officer to re scrutinize the numberination papers of the Respondent and to decide the matter afresh after hearing the Petitioner. The Election Commission rejected the said petition as number being maintainable before the Election Commission, since all disputes relating to Presidential elections companyld be inquired into and decided only by this Court. It appears that at the time of scrutiny of the numberination papers on 2nd July, 2012, an objection to that effect had been raised before the Returning Officer by the Petitioners authorized representative, who urged that the numberination papers of the Respondent were liable to be rejected. The matter was, thereafter, companysidered by the Returning Officer at the time of scrutiny of the numberination papers on 3rd July, 2012, when the Petitioners representative even questioned the genuineness of the resignation letter submitted by the Respondent to the President of the Council of the Institute, Prof. M.G.K. Having companysidered the submissions made on behalf of the parties, the Returning Officer, by his order dated 3rd July, 2012, rejected the Petitioners objections as well as the objections raised by Shri Charan Lal Sahu, and accepted the Respondents numberination papers. Thereafter, on 3rd July, 2012, a written reply was submitted on behalf of the Respondent to the objections raised by the Petitioner before the Returning Officer, along with a companyy of a resignation letter dated 20th June, 2012, whereby the Respondent claimed to have resigned from the Chairmanship of the Institute. Aggrieved by the decision of the Returning Officer in accepting the numberination papers of the Respondent as being valid, the Petitioner has questioned the election of the Respondent as the President of India under Article 71 of the Constitution read with Order XXXIX of the Supreme Court Rules, 1966, and, in particular, Rule 13 thereof. The Respondent received votes of the value of 7,13,763 and was declared elected to the Office of the President of India. 1 No person shall be eligible for election as President unless he a is a citizen of India, b has companypleted the age of thirty five years, and c is qualified for election as a member of the House of the People. The Petitioner and the Respondent were the only two duly numberinated candidates. On the other hand, the Petitioner received votes of the value of 3,15,987. A reply was also filed on behalf of the Respondent to the objections raised by Shri Charan Lal Sahu. In response to the said submission, the representative of the Respondent sought two days time to file a reply to the objections raised by the Petitioner. Menon.
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2012_564.txt
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78 of 1993 seeking the removal of the third respondent as sole arbitrator. 237 of 1975 against K and the appellant for perpetual injunction restraining them from companymitting the acts of waste. B 1 from Narayanan Nair and Chennan. It was only on July 9, 1990, he filed an arbitration petition for removal of the arbitrator. K alienated the property in 1972 by a registered sale deed in favour of Narayanan Nair and Chennan. The first respondent filed Arbitration Petition No. He also prayed for removal of Respondent 3 as arbitrator. 151 of 1972 in the District Munsif Court to restrain K from alienating the properties and companymitting acts of waste. 31 of 1976 by K was dismissed under Ex. OF MAHARASHTRA v. MOTIRAM BUDHARMAL Mohan, J. The first respondent invoked the arbitration clause in the agreement. Therefore, on April 15, 1993, the first respondent filed another Arbitration Petition No. The appellant, being number a party to the earlier suit, when he was companymitting acts of waste, the respondent filed O.S. The suit was decreed under Ex. Respondent 1 M s Motiram Budharmal is a From the Judgment and Order dated June 14, 1993 of the Bombay High Court of Judicature in Arbitration Petition No. A 2, dated November 18, 1975 decreed the suit holding that K had numberright to alienate the lands and permanent injunction was issued restraining him from companymitting acts of waste. On this petition, the High Court passed the impugned order on June 14, 1993 directing the removal of third respondent as sole arbitrator and appointed an Advocate of the High Court as arbitrator in his place. The respondent filed O.S. Tile respondent filed O.S. Kutty Ammna executed Udambadi settlement deed on May 19, 1961 giving life estate to her husband Krishnan Nair, for short K, and vested remainder in favour of the respondent. On June 30, 1984, the work was companypleted. Pending the suit, the appellant purchased the suit property on April 7, 1975 under Ex. After a gap of nearly 2 1/2 years on May 15, 1990, the first respondent issued numberice requesting Respondent 3 to proceed with the arbitration alleging that if this was number done, proceedings for revocation of his authority and or for his removal would be adopted. Thereafter, the first respondent by a letter dated October 15, 1987 protested and alleged bias against Respondent 3. On receipt of this letter, the first respondent stated that since the letter was received only on May 15, 1992, it was number possible to attend the meeting. 78 of 1993 partnership firm carrying on business as builders and companytractors. The work was number companypleted by the first respondent within that date. On June 29, 1987, the first respondent wrote to the appellants Executive Engineer alleging breach on the part of the appellant. On February 8, 1982, the appellant firm issued work order to the first respondent for companystruction of E type building in Sector 10, Vashi, New Bombay. However, the letter erroneously stated that the meeting was to take place on February 17, 1992. The third respondent informed the parties that he proposes to enter upon reference and fixed the meeting on February 17, 1992. It was stipulated that the work should be companypleted by August 7, 1983. The trial companyrt, by its judgment and decree, Ex. The trial companyrt by judgment and decree dated October 14, 1986, decreed the suit and granted mesne profits. Respondent 3 is a Chief Engineer of the appellant companypany. It was companytested by second respondent stating that claims put forth were number arbitrable. A 4 on June 9, 1978. A 5, on October 22, 198 1. 125 of 1990 in the Bombay High Court. The companyflict of judicial opinion among the High Courts in interpretation of Explanation VIII to Section II of the Code of Civil Procedure, as introduced by the Code of Civil Procedure Amendment Act, 1976, is to be resolved in this appeal. The Judgment of the Court was delivered by MOHAN, J. The appellant is a government companypany being wholly owned by the Government of Maharashtra. He also put forth various claims. The Judgment of the Court was delivered by RAMASWAMY, J. 61 of 1982 in the Court of Subordinate Judge for declaration of his title and possession against the appellant. Therein the validity of the appellants title was left open. It is the companyrectness of this order, which has been questioned in this appeal. She died in the year 197 1. Leave granted. The appeal in A.S. No. Thus this appeal by special leave. No.
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1993_482.txt
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destination price, there were different retention prices for cement relating to the producers. Accordingly, the Tariff Commission recommended different retention prices for the manufacturers of cement. The cement was to be distributed to companysumers at uniform f.o.r. The Cement Controller replaced the Cement Allocation and Co ordinating Organisation. The Tariff Commission, after a companyprehensive review, submitted its report on 26.8.1961, and recommended the fixation of different retention prices for different groups of cement producers. destination price all over India. Thereafter, the cement industry sought a further revi sion of the prices and the industry accepted in principle that there should be one uniform retention price or ex factory price in place of the three tier system, though the claim of the industry was that the uniform price be fixed at Rs.96 instead of Rs.93. The Central Government then issued the Cement Control Amendment Order, 1969 on 14.4.1969 effec tive from 16.4.1969 by which the Cement Control Order, 1967 was amended and in respect of all cement manufacturers, except M s. Travancore Cement Limited, Kottayam, a uniform retention price of Rs. Under this Order, the threetier retention price system was companytinued and the retention prices fixed for the three groups were specified in the Schedule as Rs.90.50, Rs.93.50 and Rs.96. The price payable by the State Trading Corporation to the producer was, however, the retention price or ex works or ex factory price fixed by the Government. Both the appellants fell under the category for which the retention price specified in the Schedule was Rs.96. 2193 of 1972 Chettinad Cement Corporation Ltd. v. Union of India, companytended that the impugned Order made in 1969 fixing a uniform retention price for all three categories of cement producers treats unequals as equals. The Central Government decided on discontrol of cement w.e.f. He argued that the fixation of three different retention prices earlier was based on the Tariff Commis sions Report on the postulate that different .producers were differently situated with different companyt of production and therefore, the fixation of different retention prices for them was reasonable. 1.1.1966, but the cement industry imposed a system of self regulation and set up an unofficial body known as Cement Allocation and Coordinating Organisation. This price included a freight companyponent. The Central Govern ment from time to time permitted increase in the retention prices so fixed. In the report, it was numbericed that fixation of ex works price for individual cement producers had brought stagnation in the cement industry due to lack of companypetition and incentive amongst producers to reduce the companyt of production, improve the operational efficiency and increase the output. The Government generally ac cepted the recommendations and passed the Cement Control Order, 1961, fixing three different retention prices for three different groups of manufacturers. Pursuant to representation by the cement industry for revision in the prices, the Second Tariff Commission was set up by the Government to examine the question. Even though the companysumer price was one uniform f.o.r. Under this Cement Control Order, the system of uniform companysumer price was preserved and freight equalisation was maintained by requir ing the manufacturer to either companytribute or draw from the cement regulation account set up under clause 9 of the Order. In case of a new unit companymencing production, the Government fixed suitable retention price for it on the basis of companyt of production. and ex factory prices for a period of three years from July 1958, under the Cement Control Order, 1958. He next companytended that increase in the companyt of production being the real cause for re fixation of a higher price, the exercise purports to be under Clause 12 of the Cement Control Order, 1967, which does number permit fixation of the same price for all producers in spite of the difference in their companyt of production, particularly when the Schedule to the order initially specified different prices for them. The arrangement made in 1856 was that the entire quantity of cement produced by all producers was acquired by the State Trading Corporation which distributed it throughout the companyntry at a uniform price on f.o.r. 2193 of 1972 a newly born unit in infancy has suffered by this companymon treatment because there are several features which distinguish the Chettinad Cement Corporation Ltd. from the other units, fixation of the same price for this appellant is discrimina tory, particularly when a distinction was made in the case of M s. Travancore Cement Ltd., Kottayam, for which a higher retention price was fixed. The appellants filed writ petitions in the Madras High Court challenging the fixation of a uniform retention price of Rs. Cement has been a company trolled company modity for a long time and its production, distribution and price were regulated by Cement Control Orders issued by the Central Government from time to time in exercise of the powers companyferred under the Industries Development Regula tion Act, 1951. He also companytended that on the finding of the High Court that the Chettinad Cement Corporation Ltd. appellant in Civil Appeal No. A cement regulation account was also established to which a manufac turer would either companytribute or draw from depending on the actual freight incurred. The Cement Control Order, 1967 was passed under Section 18G and Section 25 of the Industries Development Regulation Act, 1951, to be effective from 1.1.1968. These were the lowest companyt group, the high companyt group, and those whose companyt of produc tion was in between the other two groups. In accordance with the recommendations of the First Tariff Commission in 1958, the Central Government fixed f.o.r. Pursuant to the representation made by various manufac turers, the Central Government enquired into the increase in the companyt of production since 1.1.1966. The Tariff Commission, after a companyprehensive study, submitted its report on 26.8.1961. In companysultation with the companycerned authorities, it was estimated that the weight ed average increase in the companyt of production since 1.1.1966 was Rs7 per tonne. Shri Parasaran, therefore, company tended that atleast in the case of this appellant, discrimi nation is proved on the basis of the High Courts finding of fact and a direction for re fixation of a reasonable price for this appellant would be justified. It was observed that instead of reward ing efficiency, it had promoted a tendency to inflate companyts which facilitated increase in the margin of profit to the producer. 100 per tonne was fixed. The Tariff Commission ultimately grouped the various units under three broad categories on the basis of return on the capital employed. This system was number found workable and the Central Government decided to re impose companytrol. L. Sanghi, K. Parasaran, S. Krishnamurthy Iyer, K.K. Sharma, Mrs. Sushma Suri and Ms. Sushma Manchanda for the Respondents. Kakar, C.V. Subba Rao, R. Aggarwala, T.C. Venugopal, D.N. C. Mahajan, Gobind Das, N.L. Mishra and Ms. Lira Goswami for the Appel lants. Shri K. Parasaran, learned companynsel for the appellant in the Civil Appeal No. Shri G.L. As earlier stated, the challenge was rejected by a Single Judge and thereafter, a Division Bench of the High Court, Hence, these appeals by a certificate granted by the High Court under the unamended Article 133 1 of the Constitution of India, The challenge before us in these appeals is based only on Article 14 of the Constitution. From the Judgment and Decree dated 23.4.1971 of the Madras High Court in Writ Appeal Nos. Sanghi, learned companynsel for the appellant in Civil Appeal No. 100 per tonne in this manner on the ground that it violated Articles 14 and 19 1 g of the Constitution. 2 192/93 of 1972. The appellants writ petitions were dismissed by a companymon judgment dated 18.12.1969 by a learned Single Judge of the High Court and thereafter, the writ appeals were dismissed by a Division Bench of the High Court on 23.4.1971. Both these appeals are against the companymon judgment of the Madras High Court hereinafter referred to as the High Court by a certificate under Article 133 1 of the Constitution prior to its amendment. The Judgment of the Court was delivered by VERMA, J. 155 and 157 of 1970. basis. CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
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1990_267.txt
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the assessee is a licensee of an electricity undertaking. in the year of account the assessee gave 229 new companynections and received rs. in the year of account april 1 1947march 31 1948 the assessee received rs. with certificate granted under s. 66a 2 of the income tax act this appeal is preferred by the hoshiarpur electric supply companypany hereinafter referred to as the assessee. december 6.
the judgment of the companyrt was delivered by shah j. the income tax appellate tribunal delhi bench stated under s. 66 1 of the indian income tax act the following question for decision of the high companyrt of judicature at chandigarh whether the assessees receipts from companysumers for laying service lines that is number distributing mains were trading receipts and whether the profit element therein viz. hardyal hardy and d. gupta for the respondent. civil appellate jurisdiction civil appeal number 328 of 1960.
appeal from the order dated march 4 1958 of the punjab high companyrt chandigarh in civil reference number 29 of 1952.
v. viswanatha sastri r. ganapathy iyer and gopalakrishnan for the appellant.
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1960_176.txt
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but companyvicted them under s. 477A read with s. 34 I.P.C. within companynizance of J.M.F.C., Baroda. The appeal against the order of acquittal on the charge under s. 477 A read with s. 34 I.P.C. The learned Sessions Judge acquitted them of the charges under s. 477 A read with s. 34 I.P.C. and within companynizance M.F.C., Baroda. They were as follows I, Chandrakant T. Mashla, Judicial Magistrate 2nd Court, Baroda hereby charge you Amritlal Ratilal Mehta Gajanan Bhikhabhai Gandhi both of Baroda as follows That both of you Amritlal Ratilal Mehta and Gajanan Bhikhabhai Gandhi on or about 21 12 65, at Baroda cheated the Central Excise Department, Baroda in furtherance of companymon intention to cheat the Government of excise duty of Rs. The learned Judicial First Class Magistrate, Baroda who tried the case acquitted both the accused of the charge under s. 420 read with s. 34 I.P.S. The State of Gujarat filed two appeals, the first against the order of acquittal recorded by the learned Judicial First Class Magistrate, Baroda on the charge under s. 420 read with s. 34 I.P.C., and the second against the order of acquittal recorded by the learned Extra Additional Sessions Judge, Baroda on the charge under s. 477 A read with s. 34 I.P.C. The appeal against the order of acquittal on the charge under s. 420 read with s. 34 P.C. And also that both of you at about the same time and place in furtherance of companymon intention in your capacity is employees of M s. Joyto Ltd. Baroda willfully and with an intention to defraud the Central Excise Department, Baroda made false entries in the gate passes as mentioned above belonging to your employer and thereby companymitted an offence punishable u s 477 A, r w. Section 34 I.P.C. The two accused preferred an appeal to the Extra Additional Sessions Judge, Baroda. And thereby direct that you both be tried for the above offences by 2nd Court, J.M.F.C., Baroda. 614193, 614194, 614196 respectively without payment of Central Excise duty on the dutiable parts namely Rotors Numbers 41 40 42 which were manufactured by M s. Joyto Ltd., Company Baroda and were replaced by the said companypany in the above Electric Motors and thereby got the clearance of the above Electric Motors without payment of Central Excise Duty, causing thereby wrongful loss of Rs 11450/ to the Central Excise department and thereby both of you companymitted offence punishable u s. 420 read with s. 34 of I.P.C. 2 stating therein Repaired Motor with our replacing statore or Rotor and thereby dishonestly induced the Central Excise Inspector to allow the clearance of Electric Motor Nos. was allowed on 27/28 2 73 by J.M. Sheth, J. and the two accused were sentenced to pay fines of Rs. The learned Sessions Judge found that the gate passes were prepared by the accused under a mistake and that the worst that companyld be said against the two accused was that they acted inadvertently or negligently. The learned Sessions Judge took the view that the expression intend to defraud denoted some element of dishonesty and that the appellants acted neither willfully number with the intent to defraud the Government. 11450/ Eleven thousand four hundred and fifty by dishonestly making false declaration in gate passes numbers 105, 104, 103, all dated 21 12 65 which were prepared and written by accused No. 300/ and 500/ respectively. 500/ respectively. 731/71. It is against this judgment of J.M. Frank Anthony and K.L. H. Dhebar, Miss Pratiloha Pandit and M.N. was dismissed summarily on 13 3 72 by M. Sheth and A.A. Dave, JJ. and sentenced them to pay fines of Rs. 100/ and Rs. 1 and signed by accused No. Sheth, J. that the present appeal has been preferred by special leave of this Court. To appreciate the question posed in the present appeal, it is necessary to set out in full the two charges framed against the two appellants. Appeal by Special Leave from the Judgment and Order dated 27/28 2 73 of the Gujarat High Court in Criminal Appeal No. 222 of 1973. The question about the binding force of a finding at an earlier stage would depend on the question as to what the allegations were, what facts were required to be proved and what findings were arrived at. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. Hathi for the Appellant. The Judgment of the Court was delivered by CHINNAPPA REDDY, J. Shroff for the Respondent. also.
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1979_413.txt
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This altercation arose out of an irrigation dispute while Gulzar Singh was trying to divert water on his land on 26 6 1971. Five other accused who had been companyvicted by the Sessions Judge were acquitted by the High Court.
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1979_35.txt
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The Respondents filed a classification list classifying Himtaj oil as Ayurvedic medicine under subheading 3003.30. A show cause numberice was issued to them as to why their oil should number be classified as perfumed hair oil under subheading 3305.10. Briefly stated the facts are as follows The Respondents are manufacturing a product known as Himtaj oil. A study report of the Institute of Postgraduate Education and Research in Ayurved, Calcutta on Himtaj oil which classified this oil as an Ayurvedic product which relieved pain in headaches and migraine and also provided relief against dandruff. A re testing Report of the Chief Chemist, New Delhi which stated that numberAyurvedic perfumery companyld be detected in Himtaj oil SSI Registration Certificate obtained by the Respondents for manufacturing Ayurvedic oil under a drug licence. The Assistant Collector accepted the Respondents case that their oil fell under subheading 3003.30. A letter issued by the Superintendent of Ayurvedic Department, Benaras which stated that the product was an Ayurvedic medicine. A report prepared by the Range Officer, based on market inquires companyducted by him with dealers, wholesalers retailers, customers chemists and druggist, which showed that all treated Himtaj oil as an Ayurvedic Medicament. On board along with this Appeal were a number of other Appeals which related to classification of Bhanphool oil. The Commissioner Appeals held that there was numberevidence to show that the companymon man used the product as a medicine. For so holding the Assistant Collector inter alia relied on the following material Drug licence issued by the Drug Controller. The Commissioner Appeals held that there was numberevidence to prove that the product was being ordinarily prescribed by medical practitioners or that it was used to deal with a specific disease. Against the decision of the Assistant Collector the Revenue filed an appeal to the Commissioner Appeals . Against the Order dated 10th July 1997 the Respondents filed an Appeal to CEGAT. By his order dated 10th July, 1997 the Commissioner Appeals allowed the appeal of the Revenue. Hence this appeal by the Revenue. The Respondents replied to the show cause numberice. By the impugned order CEGAT has allowed the Appeal. 19th May 2000 passed by Customs, Excise and Gold Control Appellate Tribunal, Calcutta. 2003 3 SCR 1041 The Judgment of the Court was delivered by N. VARIAVA J. This appeal is against the Judgment dt.
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2003_255.txt
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2098/94. 94 and while they were working, they were refused payment of the full wages. 1 91 wear engaged as companytract labour by Bhagwat Prasad Choudhury, Respondent No. Rao, learned companynsel appearing for the appellant companytends that the arrears of wages are number wages under Section 21 of the Contract Labour Regulation and Abolition Act, 1973 and that, therefore, the appellant is number liable to make the payment to the respondents. Ultimately, the Division Bench has directed by the impugned judgment that the appellant shall be liable to pay the arrears of the balance of the amount of the wages. Shri V.P. As a companysequence, they laid claim for payment of the amount. This appeal by special leave arises from the judgment of the Division Bench of the High Court of Calcutta passed on September 6, 1995 in FMAT No. The undisputed facts are that respondent Nos. Leave granted.
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1997_502.txt
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North Ram Nareesh Sarma South Tularam Talukdar East Road West Kiron Sarma. The lands in suit and other lands belong to one Durga Malakar. Schedule Ka of the plaint was described as under SCHEDULE Ka Land measuring 1 Bigha 2 katha with a revenue of Rs. 57 Old/368 new of Pathsala town, Mauza Uttar bajali, within the following boundaries North Kiron Sarma South Kiron Sarma East Andhu Kalita West Road. Patta No. 1.12 in dag 1660 new /476 old of the same patta within following boundaries North Hari Prasad South Nripen Sarma East Andhu Kalita West Arabinda Sarma/ Dag No. Land measuring 2 Katha 16 lechas revenue Rs. He is the paternal uncle of the plaintiffs father Nareswar Malakar. 2.24 paise in dag 1628 new /548 old of K.P. Total land measuring 2 Bigha 4 Katha 2 lecha in the two pattas in the suit land. 1628 new , 548 old measuring an area of 1 Bigha 2 Katha as also Patta No. 254 new /91 old and 4 Katha 6 lechas revenue Rs. 1.12 Paise in dage 883 of K.P. Arvinda Sarma allegedly entered into a deed of exchange of land with the said Hemchandra, grandfather of the respondent herein pursuant whereto the grandfather allegedly came in possession of the lands in question. The dispute between the parties revolves on the execution of a will by Durga Malakar in favour of the plaintiffs on 8.10.1958 and execution of a purported Deed of Gift dated 5.5.1958, which was in the name of his wife Gandhari. In the said suit the following prayers were made That the plaintiffs possession of the land in schedule Ka be companyfirmed on declaration of their title thereto and on declaration of the principal defendants unlawful possession null and void that necessary precept be issued to the S.D.C., Bajali Circle, for effecting mutation of the land in Schedule Ka in favour of the plaintiffs on the basis of the probate and their long term possession That a perpetual prohibitory injunction be issued, restraining the principal defendants from causing hindrance to the possession of the land in Schedule Ka. The plaintiffs therefore filed a suit in the Court of Munsif, Barpeta, which was registered as title suit No. The learned Trial judge decreed the suit inter alia on the premise that Gandhari did number have any legal right to companyvey the suit land in favour of the said Hemchandra Malakar and companysequently the defendants respondents did number derive any right, title and interest pursuant to and in furtherance of the said Deed of Sale or the Deed of Exchange executed in the year 1960. Whether the suit is barred by limitation? The plaintiffs appellants did. 111/1966. 1660/476. The names of the respondents were entered into the revenue records of rights. We may at this juncture numberice that the plaintiffs filed an application for grant of probate in their favour which was allowed by order dated 20th November, 1973. The High Court formulated the following substantial question of law Whether the findings of the lower Appellate Court are vitiated by erroneous interpreting and misleading of the exhibits? O R D E R The plaintiffs are before us questioning the companyrectness or otherwise of the judgment and order dated 21.8.1998 passed by a learned Single Judge of the High Court of Assam, whereby and whereunder the second appeal preferred by the appellant against a judgment and order dated 23.5.1988 passed by the Assistant District Judge, Barpeta, in Title Appeal No. 46/1986, was dismissed. To what relief, if any, the parties are entitled? The defendants respondents did number prefer any appeal against the said findings before the High Court. The basic fact of the matter is number in dispute.
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2006_761.txt
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Bail Application No.34595 of 2010. Charge sheet has been filed against all of them on 8th December, 2010, under Sections 120B, 417, 420, 468, 471 IPC and 132 and 135 of the Customs Act, P.S.C.B.I.Ghaziabad. This appeal is directed against the judgment and order dated 13th January, 2011, passed by the Allahabad High Court, rejecting the petitioners prayer for grant of bail in Crl. There are three accused in this case.
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2011_1242.txt
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There was lights on the dhaba and the truck was visible to me due to light of dhaba. The truck was standing just opposite the dhaba on the other side of the road. I was standing at the distance about 70 ft.
from the truck because there was road between me and the truck. I have number seen the car before the accident, and only seen after the accident. Due to the accident the car was damaged extensively. I have heard the voice sound caused by the accident only then I numbericed at the car struck against the truck. I was able to see the truck at that time. The relevant portion of his crossexamination reads thus We were standing on Dhaba on duty with our motorcycle. The driver of the Car and a lady sitting by his side, died at the spot. Two children, who were on the rear seat of car were also injured. Nos.1179, 1180, 1181, 1182, 1183, 1318, 1452, 4596, 4597 4598 of 2013, whereby the High Court modified the award passed by the Motor Accident Claims Tribunal, Yamuna Nagar, Jagadhari, on the finding that it was a case of companytributory negligence and Signature Not Verified resultantly held that the claimants injured were entitled to Digitally signed by SUBHASH CHANDER Date 2018.02.09 142723 IST Reason only 50 of the total companypensation awarded to them including the enhanced companypensation. Further, the Tribunal also adverted to the legal presumption against the driver of the Gas Tanker of having parked his vehicle in a negligent manner in the middle of the road. There was numberfog at that time. The Site Plan Ext. emphasis supplied The said witness was crossexamined by the respondents. M. Khanwilkar, J. These appeals take exception to the judgment and order dated 1st February, 2016 passed by the High Court of Punjab and Haryana at Chandigarh in F.A.O.
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2018_68.txt
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No.2682/2004, C.A. 2696/2004, C.A. No.2686/2004, C.A. No.2670/2004, C.A. No.2688/2004, C.A. No.2679/2004, C.A. No.2693/2004, C.A. No.2690/2004, C.A. No.2678/2004, C.A. No.2694/2004, C.A. No.2699/2004, C.A. No.2685/2004, C.A. No.2687/2004, C.A. No.2711/2004, and C.A. The area had number been declared as companytrolled area under the Development Act. With A. No.2684/2004, C.A. No.2681/2004, A. No.2695/2004, C.A. No.2698/2004, A. No.2697/2004, C.A. No.2683/2004, A. No.2689/2004, C.A. No.2680/2004, A. No.2692/2004, C.A. The Development Act, 1963 came into force on 30.11.1963. Road in companytravention of Section 6 of the Development Act that he had also companytravened Sections 8 and 10 of the Development Act and that he had used the land in companytravention of Section 7 1 of the Development Act. The said numberice brought to the numberice of the appellant that he was putting up the companystruction in a companytrolled area under the Development Act that he had laid out an access to the Grant Trunk Road G.T. Section 2 1 of the Development Act, 1963 defined agriculture. It was an Act to prevent haphazard, sub standard development along scheduled roads and in companytrolled areas in the State of Punjab. The appellant filed an appeal before the Tribunal companystituted under the Development Act, 1963. On 8.7.2002, the District Town Planner, Sonepat, exercising the powers of the Director, Town and Country Planning, Haryana, issued a numberice to the appellant under Section 12 2 of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 hereinafter referred to as the Development Act calling upon the appellant to stop further companystruction and to appear in his office and to show cause why he should number be ordered to restore the land to its original state, which was in the companytrolled area of Sonepat in terms of the Development Act. No.2294 of 2003 will govern all the cases and hence may be treated as the main case. His substantive defence was that there was numbernotice of publication of the Development plan of companytrolled area till that date, in the official gazette, and he companyld number be found guilty of violation of Sections 4 and 5 of the Development Act. The case of the appellant, as indicated earlier, was treated as the main writ petition and the High Court, on a companysideration of the relevant provisions of the Development Act, 1963 in the light of the steps taken under the Development Act, 1963 and the facts obtaining in the case, and the arguments raised, dismissed the writ petition affirming the order of the tribunal. The numberice called upon the appellant to stop further companystruction and to remove the unauthorized companystruction and restore the land to its original companydition. The appellant was ready and willing to pay the companyversion charges, if any, under Section 7 of the Development Act. The High Court acceded to this request and answered the main points in CWP No.2294 of 2003. Civil Writ Petition No.2294 of 2003 was heard along with a number of other writ petitions filed by persons similarly situated and was treated as the main case. The Director, Town and Country Planner Department, therefore, called upon the appellant to remove his unauthorized companystruction and restore the land to its original companydition. The tribunal, on a companysideration of the relevant aspects, came to the companyclusion that the Director, Town and Country Planning Department was justified in passing the order since there had been a clear violation of the provisions of the Development Act, 1963 by the appellant and others. He also raised a companytention that he was being treated with discrimination, since there were other companystructions belonging to the government and others in the locality, presumably violating the provisions of the Development Act and numbersteps were taken against those companystructions. The authority, by order dated 23.7.2002, rejected the companytentions of the appellant and found that the provisions of the Development Act had been violated by the appellant. The land was agricultural land. He did number seek any permission for putting the land to a use different from agriculture, or for putting up the companystruction. CIVIL APPEAL NO.2697 OF 2004 The petitioner in Civil Writ Petition No.2294 of 2003 on the file of the High Court of Punjab and Haryana is the appellant in this Appeal. Before the High Court, it was the companymon case of the parties in the various writ petitions that the facts and the position in law in all the cases were typical of the facts and law arising in Civil Writ Petition CWP No.2294 of 2003 and that the decision in C.W.P. Though various companytentions were raised in the petition for special leave to appeal in this Court, the main argument that was pressed before us was that the requirement of Section 4 2 was mandatory and so long as that mandate had number been companyplied with, the numberification of the declaration under Section 4 1 of the Act numberifying the areas as companytrolled areas remained incohate in spite of it being published in the Gazette and that any companystruction made in a so called companytrolled area companyld number be objected to, if the companystruction was prior to the date of publication of the numberification in two newspapers other than in English language. He has number given the details regarding the companystruction or the time of companystruction. Applying the decision, the other writ petitions were also dismissed. The present appeal arising from the main judgment was treated as the main appeal. Finding against the case of the writ petitioner, the writ petition was dismissed. The appellant filed a reply dated 16.7.2002, to the show cause numberice claiming that the Dhaba had been companystructed outside 30 meters from the road reserve and even if a part of it fell within 30 meters, the dispute was pending before the tribunal created under the Development Act. This appeal, challenges the main decision rendered by the High Court of Punjab and Haryana and the companynected appeals challenge the decisions in the respective writ petitions filed by the appellants therein. The appellant herein purchased an extent of land companyprising Killa No.172/9/1 2 17 , 10/1 1 8 in the revenue estate of village Murthal, Tehsil Sonepat adjoining the Grand Trunk Road G.T. It also companysidered the scope of Sections 3, 4, 7, 8 and 12 of the Act in the light of the other relevant provisions and came to the companyclusion that on the companying into force of the Act on 30.11.1963, the restrictions imposed by Section 3 1 , Section 7 and Section 8 came into effect. It also dismissed the companynected writ petitions filed by others. On facts, it also found that the purchases and companystructions were after the publications in the newspapers themselves. Subsequently, by the Haryana Adaptation of Laws Order 1968, the Act was adapted by the State of Haryana and extended to the whole of that State. On the argument based on the mandatory nature of the requirement under Section 4 2 of the Act, the High Court held that there was companypliance with the requirement and there was numbertime limit as such fixed for companypliance with the said requirement. The Appeal challenges the decision of the High Court dismissing the writ petition. The appellant claimed that he companystructed what he calls a Dhaba in the land in the same year. The appellant and the others challenged the orders of the Tribunal before the High Court in various writ petitions. The questions arising for decision being companymon, the decision in this appeal would govern the various cases heard along with it, in addition to the peculiar facts situation prevailing in some of them. Thus, the orders of the Original Authority as affirmed by the Tribunal were upheld. Thus, the appeal filed by the appellant and the companynected appeals were dismissed. No.2712/2004 K. BALASUBRAMANYAN, J. Road as per sale deed dated 30.10.1986. The appeal was heard along with various other appeals. Appeals were filed against those decisions also. The appeals were heard together. No.
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2004_745.txt
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The income Tax Officer rejected the application for registration on the ground that the partnership having been formed in violation of clause VI of the General Licence Conditions Prescribed by the Madhya Pradesh Excise Rules is illegal and cannot, therefore, claim registration under the Income Tax Act. Madhya Pradesh v. Sheonarayan Harnarayan 1973 Tax Law Reporter 1186 1975 100 T.R.213 and Commissioner of Income Tax, Madhya Pradesh v. Pagoda Hotel and Restaurant 1974 93 I.T.R.2710. Biharilal Jaiswal entered into a Partnership with ten other persons to companyduct the business under the said licence. A licence for retail sale of companyntry spirit under supply system in form C.S.No.3 of the Madhya Pradesh Excise Rules, 1960 was obtained by Biharilal Jaiswal in respect of twenty two out stall shops in Tehsil Sarangarh, District Raigarh in the public auction held in January, 1968. The assessee had requested the High Court to direct the Tribunal to state the following question of law for its opinion Whether on the facts and in the circumstances of the case, the applicant companyld be refused registration under section 185 of the Income tax Act, 1961 on the ground that its companystitution was illegal for breach of the provisions of clause VI of the General Licence Conditions made under the Excise Rules, although numberaction was taken by the Collector for cancellation of the licence under clause 14 of the Licence in Form C.S.3, inspite of written intimation, dated 27.4.1967 about its companystitution. An application for grant of registration to the said firm under Sections 184 and 185 of the Act was filed in Formell. On appeal, the Appellate Assistant Commissioner directed the Income Tax Officer to grant registration as prayed for, against which order the Revenue appealed to the Tribunal. These appeals are preferred against the judgment and order of the Madhya Pradesh High Court rejecting the applications filed by the assesside under Section 256 2 of the Income Tax Act, 1961. The licence was effective for the period companymencing on April 1, 1968 and ending with March 31, 1969. The High Court rejected the applications on the ground that the question sought to be raised by the assessee was companycluded against it by two decisions of that Court, viz.,
Commissioner of Income Tax. The partnership is evidenced by the deed dated August 30, 1968. P. JEEVAN REDDY,J.
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1995_776.txt
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the appellant plaintiff is a merchant who settled in africa and was carrying on business in kampala in uganda. 1295 of 1966 49 and 50 of 1967.
k. dholakia and r.c. the judgment of the companyrt was delivered by sen j. this appeal by special leave from a judgment of the gujarat high companyrt involves the question of comparative hardship under s. 13 2 of the bombay rent hotel and lodging house rates companytrol act 1947 for brevity the act. bhatia for the appellant. civil appellate jurisdiction civil appeal number 1006 of 1971 appeal by special leave from the judgment and order dated the 23rd september 1970 of the gujarat high companyrt in r.a.
number. v. goswami for the respondent. first as to the facts.
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1981_208.txt
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C in which the appellants reserved their right to recover the balance amount due from the Prince of Berar. 9,99,940/ with interest and companyt from Mir Nawab Himayatalikban Azamjah, who was then known as the Prince of Berar, being the eldest son of the Nizam of Hyderabad. C and this receipt ran in the following terms Received from the Controller General of Accounts and Audit, Hyderabad Government, the sum of Rs.8,75,000/ Rupees eight lacs and seventy five thousand only in full and final payment of the balance of rupees twenty lacs allowed by the Government in respect of my claims under the pronote dated 15 February 1948 passed by the Prince of Berar in my fovour, reserving however my right to recover the balance amount due to me under the said pronote from the Prince of Berar. On February 14, 1950, a receipt was passed by the appellants for the sum of Rs.8,75,000/ Ex. This was for a sum of Rs.27,79,078 2 0 and on this document Kapurch and Godha, one of the appellants recorded received payment in full. Thereupon, the appellants discharged all the previous promotes and on each one of them recorded a satisfaction of full payment. Then, on August 14, 1950, the appellants served through their solicitors a numberice on the respondent asking him to make payment of the balance of Rs.9,99,940/ with interest at ten per cent. On September 27, 1949, a sum of Rs.1 1,25,000/ was paid to the appellants. The relevant authorities refused, however, to make payment on the receipt Ex. C. Setalvad, Attorney General of India, S. R. Vakil, H. Bhabha, J. The suit was tried by Coyajee, J. R. L. lyengar, for the appellants. The respondent number having paid the amount a suit was instituted on February 5, 1951, in the High Court of Bombay for recovery of the amount. B. Dadachanji, O. C. Mathur and Ravindra Narain, for the respondent, 1962. Hyderabad and he was present before the Committee on more than one occasion when the claim of the appellants was companysidered. This is an appeal on a certificate granted by the High Court of Bombay under s. 110 of the Code of Civil Procedure, and arises put of a suit which the appellants had brought for recovery of Rs. 52 of 60. Appeal from the judgment and decree dated April 15, 1958, of the Bombay High Court in Appeal No. The principal issue for trial was issue No. The Judgment of the Court was delivered by K. DAS, J. The circumstances in which the appeal has arisen are these. 25 of 1957. April 12. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1962_327.txt
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I FURTHER AWARD AND ADJUDGE that the Charter ers do bear and pay their own and the Owners companyts of the Reference the latter to be taxed in the event of disagreement and that the Charterers do bear and pay the companyt of this my Final Award which I hereby tax and settle at E4,684 including my disbursements. As mentioned hereinbefore, the arbitrator awarded the companyt of reference to be taxed in the event of disagreement. The respondent paid only the principal sum and failed and neglected to pay any interest on it and the appellants companyt of reference to arbitration and the companyt of the award. Clause 40 a of the charter party provided that the charter shall be companystrued and the relations between the parties shall be determined in accordance with the English Law. During the pendency of the said appeal in the High Court the appellants companyts of reference to arbitration as awarded by the arbitrator were taxed because of the failure of the parties to agree and the taxed amount was Pound 10,901.45 by the Taxing Master of the Supreme Court of Judicature, England. Provided always that if in the first instance the Owners shall have paid the said companyt of this my Award, then they shall be entitled to an immediate refund from the Charterers of the sum so paid. Pursuant to section 20 of the English Arbitration Act, 1950 a sum directed to be paid by the award shall carry interest as from the date of the award at the same rate as the judg ment date. The Division Bench held that at the time when the petition was filed, there had been numberagreement upon or reference for taxing of such companyts, and as such it appears that the application to have the companyts taxed was made only after the appeal was filed. Clause 40 b of the charter party provided that any dispute arising under the charter party shall be decided by the English Courts but that either party may elect, in writing, to have the dispute referred to the arbitration of a single arbitrator in London in accordance with the English Arbi tration Act, 1950. ,
Disputes and differences arose between the parties, and they appointed one Mr. Robert William Reed of the Baltic Exchange and of 28, Reddons Road, Beckenham, Kent BR 3 ILZ to be the sole arbitrator. The award is enforceable under the Foreign Awards Recognition Enforcement Act, 1961 hereinafter called the Act . The learned Single Judge of the High Court by his judgment and order dated 21st February, 1983 decreed in favour of the appellant and di rected the respondent to pay interest and companyts of the award so awarded by the arbitrator and also companyt of the petition. The arbitrator made his award on 28th July, 1982 which companytained, inter alia, as follows I AWARD AND ADJUDGE that the Charterers do forthwith pay the Owners the sum of U.S. 291,822.00 United States Dollars two hundred and ninetyone thousand eight hundred and twenty two only together with interest at the rate of 15 per cent per annum as from 20th June, 1980, to the date of this my Final Award in full and final settlement of the matters at issue in the Reference. The learned Judge, however, rejected the appellants prayer for the companyt of reference to arbitration, and also rejected the applicants prayer that in the alternative liberty should be reserved in respect of the said prayer. No order companyld be made directing the respondent to make payment to the appellant of the companyts so taxed. The appellant had chartered their vessel KRISTEL to the respondent for carrying oil from Arabian Gulf to India under a charter party, dated 30th November, 1979. The parties appeared before the arbitrator represented by their respective Solicitors and companynsel. The Division Bench held that if the appellant was entitled to file a fresh petition for such companyts, it might adopt such proceedings. By judgment dated 12th October, 1987, the Division Bench of the High Court dismissed the respondents cross objections, and held that the only point related to the refusal of the learned Single Judge to grant liberty to the appellant to file a separate petition upon the companyts of the reference to arbitration being quantified. It appears that from 8th June, 1982 the interest rate on judgment debt in England was 14 per annum. 244 of 1983. The appellant filed an application under the Act in the High Court of Bombay, inter alia, companytending for the judgment be pronounced and a decree to be passed according to the award in favour of the appellant. Before the Division Bench, cross objections had been filed on behalf of the respondent. The said prayer was made orally but was refused by the learned Single Judge because as he observed that he saw numberreason to re serve such liberty, as the appellant had number taken any steps. Aggrieved by the said judgment and order dated 21st February, 1983 the appellant preferred an appeal before the Division Bench of the High Court. This is an appeal from the judgment and order dated October 12, 1987 of the Division Bench of the High Court of Bombay. S. Vaidyanathan, S.R. 3838 of 1989. Bhat and K.V. A taxation certificate dated 19th December, 1984 was issued and the same was pro duced at the time of hearing of the appeal before the Divi sion Bench. 1987 of the Bombay High Court in Appeal No. From the Judgment and Order dated 12.10. Aggrieved thereby, the appellant has companye up before this Court. The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J. Mohan for the Appellant. S. Ganesh for the Respondent. CIVIL APPELLATE JURISDICTION Civil Appeal No. Special leave granted.
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1989_302.txt
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Amarjit PW 2 . Dewan Singh PW 4 . Harbhajan Singh was attracted by such shout of Amarjit. The accused Manmohan Singh was found companying down from the first floor by the staircase when Amarjit Singh returned from the shop of the gas agent by number finding Manmohan Singh in the said shop of the agent. Paranjit also informed Narinder PW 3 that on 22.1.1989, when Dewan Singh was away and Amarjit had gone to the shop of a gas agent as requested by Manmohan, Manmohan went to the house of Dewan Singh and looted revolver, cash and other articles after killing Ratan Kaur. Manmohan Singh preferred Criminal Appeal No. Paranjit Singh preferred Criminal Appeal No. At about 10.00 A.M. the accused Manmohan Singh came to the flour mill which was being run by Paranjit Singh in the ground floor of their house at Amritsar and requested Paranjit to accompany the accused No. PGC and Paranjit signed the same. 1 Manmohan Singh the appellant herein and accused No. 1 Manmohan Singh was directed to go there and wait for him. Manmohan Singh then told Paranjit that his uncle Dewan Singh was in possession of a revolver and he would be able to get the said revolver along with some cash and gold ornaments. On 22.4.1989 Dewan Singh had gone to village Ghanaake for cultivating wheat crop and Amarjit and Ratan Kaur were in their house. Ratan Singh PW 12 who had repaired Rolex watch of Dewan Singh and charged Rs. When Amarjit Singh had informed him on the third occasion that he would shortly go there and the accused Manmohan Singh should wait in the said shop, the accused Manmohan Singh did number go to the shop and waited for the opportunity to enter the house in the absence of Amarjit and Diwan and companymit the crime. Amarjit also told Paranjit that on finding proper opportunity, he would get revolver, ornaments and cash by sending Dewan and Amarjit away from their house and by killing Ratan Kaur if necessary. Harbhajan Singh was asked by Amarjit to guard his mothers dead body and Amarjit wanted to lodge FIR. On 1.5.89 Paranjit was interrogated by Gian Singh and Paranjit Singh made a disclosure statement to the effect that he had companycealed gold ornaments wrapped in a white chabra in his house. Narinder Singh PW 3 . At the instance of Paranjit, two gold bangles Ext. Manmohan immediately left the place. After waiting for about an hour at the shop of gas agency, Amarjit returned to his home and found Manmohan Singh companying down by the stairs from the residential portion of their house. Amarjit then came down the stairs by raising alarm that Manmohan had killed his mother and companymitted theft in their house. Onkar Singh PW 16 . 2 Paranjit Singh went to the house of Narinder Singh PW 3 and told him that 20/25 days ego he had companyspired with Manmohan Singh that they would extort money and other articles provided they companyld get a revolver. Manmohan Singh appeared to be nervous by seeing Amarjit Singh and by giving false excuse about his number going to the shop, he had hurriedly left the place. The learned Sessions Judge on companysidering the evidences adduced in the case including the extra judicial companyfession of Paranjit Singh and recovery of various articles stolen from the house of Dewan Singh from the possession of the accused came to the finding that Paranjit Singh and Manmohan Singh hatched a companyspiracy to kill Ratan Kaur and take possession of revolver and other valuables from the house of the deceased and Manmohan ultimately killed Ratan Kaur and looted the cash, jewellery and other valuable articles. Gian Singh PW 15 . The prosecution case in short is that the deceased Ratan Kaur used to reside in her house at Batala Road, Amritsar with her husband Dewan Singh PW 4 and son Amarjit Singh PW 2 . Amarjit numbericed that Manmohan was then carrying a bundle wrapped in white sheet in his right hand. Dewan Singh reached home and his son Amarjit apprised him of the said incident of murder and theft. Kulwinder Singh PW 13 , Gian Singh PW 15 and S.I. 1 appeared to be nervous on seeing Amarjit and on enquiry made by Amarjit as to why he had number gone to the gas agent, Manmohan Singh told him that he got busy with his friends, and started eating and drinking with them. Rattan Singh PW 12 . Mohinder Singh Virdi PW 8 . Thereafter, Narinder had taken Paranjit to A.S.I. 1600/ Ext. The High Court has upheld companyvictions and sentences passed against the appellant Manmohan Singh. P 23 on which the name of Dewan Singh was written, were found. On the pretext of giving assistance to him for obtaining a gas companynection by going to the shop of the agent of the gas, he made attempts to take Amarjit Singh to the said shop. Amarjit went to stairs and found all articles in their home scattered on the floor. P 20 given to him for repairing by Dewan Singh and had also paid Rs. Surender Singh the Naib Tahsildar held identification of the said seized articles and Dewan Singh identified the said articles. Kulwinder polished gold ornaments Ext. Amarjit also numbericed some blood stains on the said sheet. On way he met SI Onkar Nath and made the statement which was rendered in writing and Amarjit Singh signed such statement forming FIR Ext. Amarjit immediately checked the house hold articles and found that a revolver of 32 bore bearing No. 1 again came at about 3 P.M. for the said purpose and Paranjit told accused No. In companynection with the murder of Ratan Kaur in her house on 22.4.1989 at Batala Road in Amritsar, accused No. After some time, Amarjit after closing his flour mill had gone to the said gas agency but he did number see accused No. P l1 and P 12, gold necklace Ext. P 7 and P 8 , pair of tobas Ext. DW3/A in Punjab Kesari dated 26.4.1989 to the effect that Manmohan Singh had killed his fathers a sister for the sake of cash and jewellery and escaped with revolver used for killing. P 24/116 and small diary Ext. He found his mother Ratan Kaur lying dead on the mattress. During investigation, the police also recorded the statement of Mohinder Singh Virdi who had repaired camera Ext. Fresh blood was companying out of the injury on the head of Ratan Kaur. Vikram, an employee of Punjab Gas Service was examined as DW 4 to prove that gas companynection in favour of Trilok Singh. Onkar Nath and other police officials were proceeding to Verka bypass from Majitha Chowk for investigation of the case and reached Sun Nallah in village Mustafabad, the accused Manmohan Singh was found companying down the bank of Nallah. 1 Manmohan Singh was also tried before the designated companyrt for offence under Section 5 of TADA Act and under Section 25 Arms Act. P 7 , two ear rings Ext. P 20 , one wrist watch Ext. P 22 , currency numberes Ext. A dupatta was found tied around the neck of Ratan Kaur with a knot. P 9 and P 10 were recovered and seized vide memo Ext. 90/ vide receipt Ext. Such disclosure statement was reduced in writing Ext. 65/ for such repair against receipt Ext. PC was also examined by the police, Kulwinder Singh goldsmith PW 13 was also examined by the police. The Naib Tahsildar submitted his report Ext. Such articles were seized vide recovery memo Ext. Thereafter, Dewan Singh checked up the articles in the house and found that two bangles of gold, two gold tobas, two pairs of ear rings, kodak camera, one Rolex wrist watch and his burse companytaining Rs. 115/ as repairing charges against receipt Ext. Accused No. 1 to the shop of a gas agency near Bus Stand in order to help him in getting gas companynection. A 61515 along with two live cartridges Ext. The said accused No. 1 that he would go to gas agency directly after finishing his work and the accused No. On behalf of the accused Chanchal Manohar Singh, Senior Correspondent Indian Express Chandigarh DW 1 was examined to prove a news item that a middle aged women Ratan Kaur was strangulated to death by some assailants in her residence in Kashmir Avenue in Amritsar City. P 6 to P 14 against payment of Rs. On 1.5.1989 the accused No. 1600/ were also missing from the house. 7,000/ , two gold sets weighing about 9 tobas were missing from the house. On 23.4.1989, post mortem examination was held by Dr. Sonal PW 1 and in his report, he indicated that Ratan Kaur had died due to asphyxia on account of strangulation and she also suffered head injury. ASI Parshotam Lal PW 14 . The prosecution examined a number of witnesses including Dr. Sonal PW 1 . P 21 and one purse companytaining Rs. A61515 with 16 live cartridges of the same bore were missing. Paramjit being busy with his works in flour mill, companyld number then accompany him. Ravinder Kapila, a representative of Hind Samachar Ltd was examined as DW 3 to prove a report Ex. 266 DB of 1993 against his companyviction and sentence. 16 and 16 , one camera Ex. 3 Gopal Nagar, Majitha Road, Amritsar was issued on 27.2.1984 and thereafter numberconnection was issued in favour of the said person. Parveen Puri, Advertisement Manager of Daily Ajit, Jallandhar was examined as DW 2 to prove similar news item. 247 DB of 1993 arising out of judgment dated 15.6.1993 passed by the learned Sessions Judge, Amritsar in Sessions Case No. Both the accused denied the companyrectness of the evidence adduced against them in their statements under Section 313 of the CrPC and asserted that they were innocent but falsely implicated. 1 again came at 1 P.M. but Paramjit companyld number go even then. 277 SB of 1993 against companyviction under Section 25 Arms Act before the Punjab and Haryana High Court. He also found that a sum of Rs. PF by acknowledging the companyrectness of the statement. 277 88 of 1993 directed against the judgment dated 15.6.1993 passed by the Designated Court companyvicting the appellant under Section 25 of the Arms Act. Therefore, the companyviction and sentences passed against him are wholly justified and numberinterference is called for against such companyviction and sentence. A blood stained lock which was put on an iron box was lying near the dead body. PB and the dead body was sent for post mortem examination. When the S.I. All the said appeals were disposed of by a companymon judgment dated 17.4.1994. 1 there. The police thereafter visited the spot and prepared inquest report Ex. These appeals are directed against judgment dated 17.4.1994 passed by the Division Bench of Punjab and Haryana High Court in Criminal Appeal No. 80 of 1989 renumbered as 354 of 1992 and in Criminal Appeal No.
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1997_82.txt
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It transpires that the respondent, a companyductor under the UP. B. Pattanaik, J. Leave granted.
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2000_513.txt
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Pathak, CJI.
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1989_548.txt
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prior to 2.2.84 when Raghubinder Nath died. Acres 9 Units of land were declared surplus. Thereafter, on 24.3.82, the Collector allotted the surplus land to Jagat Ram and thereupon Jagat Ram deposited the sum of Rs.5900/ . On 2.2.84, the original landowner Raghubinder Nath died and the mutation was said to have been sanctioned on 16.1.86 in favour of the appellants. When the above proceedings were pending, the Collector, Gurdaspur, appears to have allotted the surplus land, as declared, to Late Jagat Ram on 24.3.82. The revision filed by Raghubinder Nath before the Financial Commissioner against the order passed by the Commissioner came to be disposed of on 10.3.83 with a direction that the landowner should be given an opportunity of selecting permissible area and the allottee accommodated elsewhere on an equivalent land. Late Raghubinder Nath, who was said to be a big landowner, was governed by the provisions of the Punjab Security of Land Tenures Act, 1953 hereinafter referred to as the Land Tenures Act . Aggrieved against the said proceedings, the heirs of the Raghubinder Nath approached the High Court unsuccessfully. Pursuant to the order dated 10.3.83 passed by the Financial Commissioner, the Collector Agrarian pursued the matter further and by his proceedings dated 10.6.86 came to the companyclusion that the heirs of Late Raghubinder Nath were entitled to reserve the area for themselves in accordance with the provisions of the Punjab Land Reforms Act, 1972 hereinafter referred to as the Land Reforms Act and that the total land holding of Raghubinder Nath worked out to 43 Std. Acres 9 Units plus 9 Std. The remaining area of the landowner was held to be his reserved area. As against the said proceedings, Jagat Ram filed an appeal before the Commissioner. In the meanwhile, on 29.9.80 the Collector Agrarian, Gurdaspur, passed an order declaring 3 Standard Acres and 9 Units to be the surplus area. Since Raghubinder Nath died leaving seven legal heirs, there is numbersurplus land with them and companysequently the allotment made in favour of Jagat Ram was number only held bad but stood cancelled and he has to be accommodated elsewhere in terms of the directions of the Financial Commissioner dated 10.3.83. The allottee Jagat Ram was also held to have number proved his possession of the lands. Acres 2 Units 33 Std. After companysolidation, the area in the hands of the landowner seem to have increased to 35 Std. The Naib Tehsildar Agrarian was directed to put up a proposal for allotment of alternative land equivalent to the area to be given to Jagat Ram. Pursuant to the allotment so made, on 30.3.82 Jagat Ram was said to have deposited Rs.5,900/ . By a proceeding dated 30.6.60 in exercise of the powers of the Collector under Sections 3 and 4 of the Land Tenures Act, the ceiling area of the said landowner came to be determined and an extent of 3 Standard Acres and 9 Units were declared as surplus. Acres 10 Units and thereafter on 29.9.80 the extent of 3 Std. Thereupon, the legal heirs of Jagat Ram pursued the matter before the Financial Commissioner by filing a revision and his legal heirs companytinued the same on account of his death. The predecessor in interest of the appellants late Raghubinder Nath was companysidered to be a big landholder and by an order dated 30.6.60, the ceiling was fixed in respect of his holding and after ignoring the sales claimed to have been made after 15.4.53 the appointed date for purposes of the 1953 Land Tenures Act an extent of 3 Std. The first respondent State also affirmed the factual position that the area in question was declared surplus and utilised during the life time of the big landholder Raghubinder Nath and, therefore, the appellants have numberrights whatsoever to be vindicated and companysequently the appeal only merited rejection. In doing so, the revisional authority was of the view that the Revenue Officers are bound to give an opportunity to a landowner of being heard and selecting his permissible area under Section 24 A 2 of the Land Tenures Act, after companysolidation proceedings, if the land declared surplus had number been utilised by them. During pendency of the same, Jagat Ram died on 2.10.86 and the legal representatives were brought on record on 13.1.87. On 31.3.76, the Collector Agrarian, Gurdaspur, after companypletion of the companysolidation proceedings in the area, passed an order declaring that there is numberarea left surplus and ordered the case to be filed. If the land had been transferred, the landowner should have produced companyies of the khasra girdawaris of the crop subsequent to the execution of the sale deed dated 2.5.54. Since this has number been done, the transfer of the land as claimed by the landowner has been rightly disallowed by the learned Collector and endorsed by the learned Commissioner. While matter stood thus, the predecessor in interest of respondents 2 and 3, Late Jagat Ram, to whom 20 kanal and 13 marlas were said to have been given on lease even prior to 1953, filed a suit for declaration that he, being a tenant, is eligible for the allotment of the surplus area measuring about 56 kanal and 4 marlas with a companysequential direction to the Collector, Gurdaspur, to allot the surplus land to him. Acres 9 Units was once again declared surplus by specifying the items of lands also viz.,
Khasra Nos.86 R/13 6K 4M , 1461/2 0 15M , 1461/3 1K 17M 1462 20K 12M total measuring 29 K 9 Marlas 3 Standard Acres 9 Units. By the proceedings dated 1.8.90, the revision petition was allowed and the orders of the Commissioner dated 16.5.88 came to be set aside holding that the declaration of the surplus area in the year 1960/1980 held the field and was never set aside and that Jagat Ram, the allottee, having deposited the purchase amount on 30.3.82 in the Treasury, became the owner of the land on such deposit. Acres 8 Units sold already . The appellants, who are the legal representatives of the original landholder Raghubinder Nath and were unsuccessful before the High Court, have companye up before this Court against the order dated 20.8.91 of the Division Bench of the Punjab and Haryana High Court in Civil Writ Petition No.3062 of 1991, declining to interfere with the order dated 1.8.90 passed by the Financial Commissioner Appeals . No doubt, to these proceedings the landowner was number impleaded as a party but only the State, represented by the Collector, was made a party. When the said plaintiff filed the Execution Petition No.5 of 1980, the learned Subordinate Judge adverted to the fact that the legal heirs of Raghubinder Nath have filed an appeal against the order of the Collector and inasmuch as the matter has been stayed, the vesting cannot take effect and the allotment order companyld number be issued at that stage. The challenge was further pursued before the Financial Commissioner by means of a Revision Petition. It is only in view of all these, the learned companynsel on either side companycentrated at the time of hearing before us on the basic question as to whether the lands declared surplus companyld be said to have been utilised even during the life time of the landholder viz. This transfer as claimed has number been accepted as bona fide by the learned Collector. The Financial Commissioner specifically recorded a finding about the lack of bona fide in the sale claimed to have been made by the landholder in 1954 in the following terms The petitioner has however, failed to prove his bona fides regarding the land transferred by him in 1954. This appeal came to be dismissed on 16.5.88 on the ground that the area declared surplus did number vest in the State under Section 8 of the Act for want of numberice as required under Section 9 1 of the Act. This order was challenged by the original landholder on an appeal before the Commissioner, Jalandhar Division, but the same came to be dismissed on 10.2.82. On that view, the execution proceedings were held to be premature and companysequently dismissed on 1.11.81. It is interesting to numberice that even the revisional authority did number approve of the bona fide nature of the transfers said to have been effected in 1954 and adversely companymented upon the omission to produce companyies of the Khasra girdawaris for the period subsequent to the execution Sale Deed dated 2.5.54. The said suit came to be decreed on 7.11.79, ex parte. F.C., Punjab 1972 PLJ 319 on which strong reliance was placed for the appellants may number be of any assistance in this case. Raju, J. Hence, this appeal. The decision in Bhagat Gobind Singh vs.
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2000_437.txt
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3,600/ in the companyrt by way of rent for the period from May, 1982 to October, 1982 by tender No. Udaipur by his judgment dated July 2, 1987 on the view that the appellant companyld number be held to be a defaulter in the payment of rent since he had deposited the rent for the months of May, 1982 to October, 1982 in the companyrt on 29th October, 1982 before the rent for six months fell due. The learned Single Judge rejected the companytention urged on behalf of the appellant that the cause of action had number arisen on November 1,1982 because the rent for the month of October companyld have been paid by November 15 and that on November 1, 1982 the rent for five months only was due and number for six months. the 15th of next following month, but it was only a facility provided to the tenant to pay the rent by that date and it does number mean that the rent for the month of October had number become due on November 1,1982. On December 20, 1982 the respondents filed a second suit Suit No.169 of 1983 which has given rise to this appeal in the companyrt of District Judge at Udaipur for the eviction of the appellant on the ground that he has defaulted for the second time in payment of rent, inasmuch as he had number paid the rent for six months from May 1, 1982. The case of the appellant was that he had paid the rent for five months from May, 1982 to September, 1982 in cash to the respondents and 10 days later on October 21, 1982 when he went to them for companylecting the receipt for the said payment, they refused to give the said receipt and returned the amount which was paid by the appellant to the respondents by way of rent. The said suit was companytested by the appellant, who denied that he had companymitted a second default in payment of rent for six months. The appellant claims that thereupon on October 22, 1982, he submitted an application under Section 19 A of the Act in the companyrt of Munsiff South , Udaipur narrating the aforesaid facts and seeking permission of the companyrt to deposit the rent for the months of May to October, 1982 in the companyrt and that after obtaining the permission of the companyrt, the appellant on October 29, 1982 deposited the sum of Rs. Under Section 13 1 a of the Act, the tenant can be evicted from the premises if he has neither paid number tendered the amount of rent due from him for six months. The learned single Judge has held that the rent for a particular month becomes due as soon as the month ends and under the provisions of the Act it was made payable by a particular date, i.e. This appeal by the tenant arises out of a suit for eviction filed by the respondents under the provisions of the Rajasthan Premises Control of Rent Eviction Act, 1950 hereinafter referred to as the Act . Shri Rajinder Sachar, the learned Senior Counsel appearing for the appellant, has, in the first place, invited out attention to para 6 of the plaint, wherein the respondents have stated That the cause of action for the suit arose on 1.11.1982 when the rent of six months became outstanding. The respondent landlords had filed a suit Suit No.117 of 1981 against the appellant for his eviction on the ground of default in the payment of rent and protection under Section 13 6 of the Act was given to the appellant in those proceedings. It relates to a shop situated at Udaipur in Rajasthan. 1711 dated October 29, 1982 and that the numberice of application submitted by the appellant under Section 19 A of the Act had been issued to the respondents. The submission of Shri Sachar is that in view of Clause e of Rule 1 of Order VII of the Code of Civil Procedure, it was incumbent upon the respondents to set out in the plaint the facts companystituting the cause of action and when it arose and as per the said requirement the respondents, in para 6 of the plaint, have indicated that the cause of action arose on November 1,1982. The said suit of the respondents was dismissed by the Additional District Judge No.1. District Judge in the High Court of Rajasthan. The said appeal was allowed by a learned Single Judge of the High Court by his judgment dated January 25, 1989. The special appeal filed by the appellant against the said judgment of the learned Single Judge was dismissed by the Division Bench of the High Court by the impugned judgment dated March 8, 1989. The respondents filed an appeal against the said judgment of the Addl. Hence, this appeal. C. AGRAWAL, J Leave granted.
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1995_1189.txt
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The appellant Baijnath was a license, owning a gun. PW 23 opined that the said pellets companyld have been fired from the gun of Baijnath. 100/79 is preferred by one Baijnath who stands companyvicted Under Section 302 I.P.C. During the companyrse of the investigation Baijnath was arrested on 2 7 73. 99/79 is preferred by one Kedar Nath who stands companyvicted Under Section 201 I.P.C. The trial Court found the appellant Baijnath guilty of the offence under Sections 302 and 201, I.P.C. His gun was seized and sent for examination to the ballistic expert PW 23 to examine whether the flattered lead pellets recovered from near the dead body companyld have been fired by the gun of Baijnath. The trial Court further companyvicted Kedar Nath under Section 201, I.P.C. and also Under Section 201 I.P.C. The case of prosecution is that on the information given by this Baijnath the deed body was recovered which was in a highly de composed and beyond identification. Some cloth pieces were also seized pursuant to the statement given by this Baijnath along with some parts of the cycle. The investigation proceeded on the strength of the report given by PW 24 and on the basis of information of PW 1 who is said to have obtained that information from an undisclosed informant. Appellant, Kedar Nath was arrested on 31 5 73 and in pursuance of his statement, certain cloths, said to have been carried by the deceased were recovered. and sentenced him. Thereafter on a tip off, a companystable PW 1 attached to the companycerned Police Station made in entry in the first information report. and sentenced to undergo imprisonment for life and three years respectively. and sentenced to undergo three years rigorous imprisonment whereas Criminal Appeal No. Therefore, on 15 5 73 his brother made a companyplaint before the police. and companyvicted him as afore mentioned which companyviction and sentence were companyfirmed by the High Court. A search was also number fruitful. Appeal No.
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1990_489.txt
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Hazura Singh was found to have been won over. The murder was alleged to have been seen by Nihal Kaur, Harmit Kaur and Hazura Singh. Hazura Singh remained at Gholia Khurd. Hazura Singh had also land at Jalalabad. Hara Singh is alleged to have been informed about the incident by Hazura Singh. The prosecution case was as follows Gurdit Singh and Hazura Singh, Hazura Singh married twice. On 10 September, 1967 Hazura Singh, Nihal Kaur and the deceased and his wife Harmit Kaur went to Gholia Khurd in order to pack the luggage of Hazura Singh. By Nihal Kaur Hazura Singh had two sons, the deceased Bharpur Singh and Mangal Singh and a daughter. The appellant quarrelled with his father Hazura Singh. Hazura Singh went to Jalalabad with the intention of shifting to that place. By the other wife Narinder Kaur Hazura Singh had one son the appellant and four daughters. Hara Singh was disbelieved. The Sessions Judge found the untruthfulness of Nihal Kaur and Harmit Kaur who claimed to have been present at the time of the occurrence. Three years before the date of occurrence which was 11 September, 1967 Nihal Kaur with her son Bharpur Singh and his wife Harmit Kaur and her other son Mangal Singh shifted to Jalalabad. The Sessions Judge disbelieved Nihal Kaur and Harmit Kaur in regard to their evidence and came to the companyclusion that they were number present. Harmit Kaur made an application under Section 439 of the CrPC and asked for retrial on the ground that the Sessions Judge had number taken into companysideration the statement of Hazura Singh made under Section 164 of the CrPC. The High Court passed the order on a revision application under Section 489 of the CrPC made by Harmit Kaur widow of the deceased Bharpur Singh. The trial companyrt found that Hazura Singhs evidence was unacceptable and he was number a truthful witness and he had asked his brother Hara Singh number to give truthful evidence. The first information report was found by the Sessions Judge number to be a truthful statement inspite of the fact that Hazura Singh repudiated having of his own accord made the first information report. Thereafter Narinder Kaur, the mother of the appellant died. Parties went to eat at the house of Hara Singh and returned at about 11 P.M. At about 5 A.M. on 11 September, 1967 the appellant is alleged to have murdered his brother Bharpur Singh. The family lived at a place called Gholia Khurd and cultivated land. The land at Jalalbad was given on Batai. The High Court held that the Sessions Judge erred in number taking into companysideration the statement and directed retrial. There was a first information report Exhibit P. 3. The appellant started drinking. This is an appeal by special leave against the judgment dated 20 March, 1970 of the High Court of Punjab and Haryana setting aside the acquittal of the appellant. N. Ray, J. There was some dispute.
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1971_511.txt
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You have links with hardcore extremists like Balbir Singh S o Bhan Singh, Mohinder Singh alias Pappi etc. During the companyrse of time you developed intimacy with one Mohinder Singh alias Pappi a hardcore extremist terrorist, who had earlier been involved in a murderous assault and was arrested by ASI Ishar Dutt Sharma Now SI the then I C Police Post Miran Sahib as a result of which Mohinder Singh alias Pappi was much humiliated and pledged to take revenge. During the month of December, 1985, you had gone to Delhi with your truck where you met with your associated Mohinder Singh alias Pappi who introduced you to one Balbir Singh S o Bhan Singh R o Kurukshetra, Haryana, a hardcore extremist terrorist and an active member of AISSF. The latter has stated that the detain was admitted in Central Jail, Jammu on February 15, 1988 in companypliance with the detention order through J.K. Anand, Inspector CID, Jammu. Accordingly, you along with Mohinder Singh and Pappi Ranjit Singh and Gurdev Singh attacked and caused serious injuries to Ishar Dutt, SI on 24.11.1985 who has become permanently crippled for the whole of his life. He was arrested on February 15, 1988 by J.K. Anand, Inspector CID, Jammu. The grounds of detention are as under You started indulging in the terrorist activities right from your childhood. The order of detention dated January 7, 1988 was made by the District Magistrate, Jammu. Thereafter, you along with Mohinder Singh and Balbir Singh hatched a companyspiracy to loot a bank in order to procure money and to manage their bail in the attempt to murder case registered against you and others. It is companyroborated by the affidavit of Assistant Superintendent Central Jail Jammu. Pura on 27.11.1986 in which you alongwith Balbir Singh were apprehended by the local people and handed over to police. As a result of the companyspiracy hatched, you alongwith Balbir Singh made an unsuccessful attempt to loot the cash from the Cashier of Co operative Bank, R.S. The order of detention was passed on January 7, 1988. In this writ petition under Article 32 of the Constitution, the detention of Swaran Singh, the petitioner under Section 8 of the Jammu and Kashmir Public Safety Act, 1978 the Act has been challenged. As such it was felt necessary to detain you under PSA of 1978 for the security of the State, for a period of 24 months so as to prevent you from companytinuing the nefarious activities Sd Ghanshyam IAS, District Magistrate, Jammu 4 Counsel for the petitioner first companytended that the activities attributed to the detenu are companycerned with two districts Jammu and Kathua The order of detention issued by the District Magistrate, Jammu is therefore, illegal since it ought to have been issued by the Divisional Commissioner of the Division or by the State Government Our attention was drawn to Section 8 2 of the Act But we do number find any sustenance therefrom to the companytention urged Section 8 2 does number state that in inter district, activities the Divisional Commissioner alone is companypetent to pass an order of detention. You have also been introduced to numberorious Pak Smugglers Agents through whom you procure arms and ammunition which was to be used in terrorist disruptive activities. Power to detain has been companyferred on the Divisional Commissioner as we las the District Magistrate. He has filed an affidavit stating that he arrested the petitioner on February 15, 1988. It was also stated that he himself served the grounds of detention upon petitioner in Urdu language on February 18, 1988 and explained the companytents to lives these averment. 4 deals in detail other similar activities of the petitioner. There then, the order reads Your above narrated activities are quite prejudicial and detrimental to the security of the State. At the stage of 16 years, you companymitted a double murder in the year 1978 in which you were companyvicted for life imprisonment by the Session Court, Kathua. The petitioner was number arrested on that day. Your remaining at large was a companystant security threat for the State. You are still facing the said attempt to murder case. Jagannatha Shetty, J. You were released from Judicial custody on 16.12.1987. After your acquittal you went to Nepal and learnt driving and came back in the year 1984. You were later on acquitted by the honble High Court of J K State in the year 1979. 3 Ground No.
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1988_389.txt
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The personnel were given an option to choose either Risk Hardship Allowance or Special Duty Allowance. The Government examined the proposal and clarified that the personnel who were getting Risk Hardship Allowance were number eligible for Special Duty Allowance being a companypensatory allowance. A clarification was sought on the drawal of Risk Hardship Allowance by the Shashatra Seema Bal SSB on 13.12.2010 as to whether the employees posted in the North Eastern region were entitled for Risk Hardship based allowance along with Special Duty Allowance. The said allowance was extended to personnel working in Assam Rifles on 02.02.1989. Consequently, the Director General Assam Rifles passed an order on 12.05.2011 informing the personnel that Special Duty Allowance which was being paid along with Risk Hardship Allowance would be stopped w.e.f. The only ground on which the Writ Petitions were allowed was that the Special Duty Allowance was given to the personnel by a Presidential sanction whereas its withdrawal was by an order passed by the Director General of Assam Rifles. A Single Judge of the Guwahati High Court set aside the order dated 12.05.2011 and directed the authorities number to stop the payment of Special Duty Allowance until a suitable modification of the numberification dated 16.04.2009 is made. By office memorandum dated 14.12.1983, the Government of India introduced payment of Special Duty Allowance to Central Government civilian employees who were posted to any station in the North Eastern region. The Respondents filed Writ Petitions challenging the order dated 12.05.2011 issued by the Director General of Assam Rifles which were allowed by a learned Single Judge of the Guwahati High Court. The said order dated 12.05.2011 was challenged by the Respondents in Writ Petition No.147 of 2011 and Writ Petition No. 01.06.2011. A Division Bench of the Guwahati High Court affirmed the said judgment of the learned Single Judge. 133 of 2011. The Appeals filed against this Signature Not Verified Digitally signed by SANJAY KUMAR Date 2017.08.17 order were dismissed by a Division Bench. Aggrieved, the 161823 IST Reason Union of India and others have filed these Civil Appeals. NAGESWARA RAO, J. The judgment of the Division Bench of High Court is assailed in these appeals. Leave granted.
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2017_319.txt
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M1 and M2. M2 and M1 respectively. It is stated in the award that the respondent worked between 22.9.79 and 21.8.80 and from 11.8.81 to 30.6.82 as only an apprentice as per Exbts. It was pointed out that between the periods 11.8.81 to 10.12.81 and 11.12.81 to 30.6.82 the respondent had been an apprentice as per Exbts. The respondent had signed Exbts. M1 and M2 that the appellant was number obliged to give job to the respondent after the companypletion of apprenticeship. M1 and M2 after carefully going through the terms and companyditions companytained in them. It was admitted that the respondent had been appointed as an apprentice between 10.9.79 and 22.9.80 at the request of his father who was already serving in the appellant factory. Manager, had admitted that the respondent worked as a Co ordinator with the appellant which is clear from Exbts W7 and W8. The companytesting respondent claimed that he was appointed as an apprentice by the appellant from 10.9.79 to 21.9.80. After the lock out was over, the respondent worked as General Clerk in the assembly shop of the appellant from 9.2.81 to 30.6.82. The Labour Court had also numbericed that the respondent had neither been employed by a companypetent authority number was he paid salary. 523/97. There was numberappointment letter issued to the respondent and numbermaterial was placed before the Labour Court to show that any salary was paid to the respondent at any time apart from the stifund of Rs.250/ per month. He was paid a monthly stifund of Rs. Annexures M1 and M2 companytained a clause that after the expiry of the training period, the appellant companypany shall number be under obligation to give employment to the respondent. It is clear from companydition number 5 in Exbts. There was numberevidence on record to indicate that either GPF or ESI were deducted from the salary of the respondent as he was number being paid any salary. It was stated that neither the respondent was employed by any companypetent authority in the establishment of the appellant number he had been paid salary. He was given Rs.250/ per month from 22.9.80 to 30.6.82 and when he demanded salary for the period between 1.7.82 to April, 1983 he was told that his case had been recommended for approval of the higher officers. 250/ during the apprenticeship period. It was his further case that he had companytinuously worked from 9.2.81 to 15.4.83. As regards the presumption to be drawn under Section 103 of the Act, the Labour Court observed that such a presumption was put to an end by the facts of the case as the respondent was number given any appointment letter he was neither paid any salary or wages and that the master and servant relationship did number exist between the parties. It also held that presumption that companyld be raised under Section 103 of the Factories Act, 1948 for short the Act stood rebutted as numberappointment letter was given to the respondent he was neither paid any salary or wages and that the relationship of master and servant did number exist between the appellant and the respondent. The learned companynsel for the appellant urged that the Division Bench of the High Court failed to see that the respondent was only an apprentice for short period in two spells that too with a clear understanding that the appellant was number bound or obliged to give him job in the establishment he was only taken as apprentice at the request and persuasion of his father to train him, who was already an employee in the appellant factory he was only paid stifund of Rs. 250/ per month neither there was any appointment order issued number any salary was paid to the respondent by the appellant the documents placed on record clearly show that he was only an apprentice and the letters relied on by him given by the officer, who was number the appointing authority, companytained only recommendations. W 6 Annexure R1/8 produced in this appeal written by the respondent himself shows that his services came to an end on 30.6.82. After the expiry of the said period, he was on regular service between 22.9.80 to 21.12.80. The Labour Court in the award, on analysis and appreciation of the evidence brought before it, refused to grant any relief to the respondent. Manager to the Vice President of the appellant factory and argued that the respondent was regularly employed by the appellant. In view of the companyclusions arrived at, the Labour Court passed the award holding that the respondent was number entitled to any relief from the appellant. May be, the respondent did number give up training and companytinued working as a Co ordinator in anticipation of being provided employment as his father was also an employee in the factory. As there was lock out in the factory from 7.10.80 to 8.2.81, he was asked by the appellant number to companye for work. These two letters revealed that he had recommended for the appointment of the respondent. If number, what relief the labourer was entitled? It was also numbericed that the respondent was neither under any companypulsory obligation to undergo training number he companyld be companypelled to do so. Thereafter he worked in the vacancy of Shri K.G. He laid stress on the two letters dated 22.1.83 and 7.5.83 written by one Shri S.G.Goyal, Dy. Shri Goyal, the Dy. The Labour Court after companysidering the rival companytentions, in the light of the evidence brought on record, held that the respondent was number a workman. The learned companynsel added that the presumption raised by the Division Bench under Section 103 of the Act was clearly erroneous and the said provision has numberapplication to the case of the respondent. It may be added here that the letter Exbt. Under the circumstances, according to the learned Senior Counsel, the learned Single Judge of the High Court was right in quashing the award passed by the Labour Court and granting relief. i 884 L.C/83 dated 1.2.84 to decide whether the termination of service of labourer Shri Virendra Kumar by the Manager, CIMCO Limited, Bharatpur, was proper and legal? The learned Single Judge did number find any good ground to disturb the award passed by the Labour Court, exercising jurisdiction under Article 226 of the Constitution of India. The respondent challenged the validity and companyrectness of the said award in the High Court of Rajasthan in S.B. Civil Appeal No. S.P.I. 1384/87. He was told by the appellant orally number to companye for work from 16.6.1983 on the ground that his services were already terminated. The Division Bench of the High Court by the impugned order dated 3.12.97 allowed the appeal, set aside the order of the learned Single Judge and allowed the writ petition quashing the award of the Labour Court. The respondent took up the matter in appeal in D.B. The appellant resisted the claim of the respondent by filing written statement. Venkatesan till April, 1983. Consequently, the writ petition was dismissed on 6.3.97. Hence this appeal is brought before us by the appellant. Hence he was entitled to become permanent worker. Shivaraj V. Patil,J. At the instance of the respondent, the State Government referred the dispute under Section 10 1 of the Industrial Disputes Act, 1947 vide Notification No. 4501 of 1998 is directed against the order dated 3 12 1997 made by the High Court of Rajasthan in D.B. Briefly stated, the facts, which are necessary and relevant for the disposal of this appeal, are the following. Civil Writ Petition No.
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2000_602.txt
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The firm was reconstituted by admitting Shri Shivkishan Aggarwal as partner in place of the retiring partner. The companyplainant claims to be a partner of M s. Chandmal Gangabishan, a firm registered under the Partnership Act and carrying on business of Bhujia and other allied products with the trade mark HALDIRAM BHUJIAWALA. Upon scrutiny it appeared that the signatures, purporting to be of Gangabishan Aggarwal and Moolchand Aggarwal were also number genuine and had been forged besides her signatures. 1 to 4 have brought into existence the self forged deed of dissolution for their personal gains and to the detriment of the partners of the firm of M s. Chandmal Gangabishan. Rameshwar Aggarwal retired from the firm in the year 1958. An application for registration of trademark of HALDIRAM BHUJIAWALA and Logo HRB was filed with the appropriate authority by all the partners on 29th December, 1972. They started using the brand name HALDIRAM BHUJIAWALA in the year 1965. According to the averments made in the companyplaint, the partnership business was initially companymenced in the year 1956 with four partners, namely, Ganga Bishan Agarwal, Moolchand Agarwal, Rameshwarlal Agarwal and Satidas Agarwal. When Ashok Kumar Aggarwal handed over to the appellant a xerox companyy of the deed of dissolution, she was shocked to know that her signatures had been forged. The appellant was admitted as a partner of the said firm on 31st October, 1969. Opposition proceedings were companymenced at the instance of one Madanlal on 12th January, 1976 which was rejected on 16.4.1980 and the trademark was registered on 27th January, 1981 in the name of the firm, of which the appellant was a partner. He disclosed that the said injunction had been granted against him on the ground that the partnership of which the appellant was also a partner stood dissolved on 16.11.1974. She informed her son of number having signed any deed of dissolution of the partnership. The appellant alleged that when in the first week of June, 1999 she went to Delhi to attend her ailing son Ashok Kumar Aggarwal, found him to be suffering from serious metal depression on account of serious nervous breakdown. The trial Magistrate received the companyplaint on 21st January, 2000 and fixed the next date on 7th February, 2000 for examination of the companyplainant and her witnesses in terms of Section 200 of the Code of Criminal Procedure. After recording their statement, the case was adjourned and ultimately the Trial Magistrate, vide his order dated 5.4.2000, found that the appellant had made cut a prima facie case under Section 465, 467, 468, 471 and 120B of the Indian Penal Code against all the accused persons and, therefore, issued summons for their presence on the next date fixed for 19th June, 2000. In para 22 of the companyplaint, the appellant catalogued a number of instances allegedly showing the forgery by the respondents. Aggrieved by the impugned order of the High Court quashing her companyplaint and the order of the Magistrate issuing the process against the respondents for the offences under Section 465, 468, 471 and 120B of the Indian Penal Code, the appellant has approached this Court by way of this appeal for setting aside the order of the High Court with direction to the Magistrate for proceeding with the companyplaint in accordance with law. On request of the appellant, the case was adjourned to 10th March, 2000 when she appeared before the Magistrate along with her three witnesses out of whom one was hand writing expert. She referred to number of circumstances in her companyplaint to show that the forgery had been companymitted by the respondent accused. Instead of appearing before the Trial Magistrate and companytesting the case, the respondents chose to approach the High Court by way of a petition under Section 482 of the Code of Criminal Procedure praying for quashing of the proceedings initiated and process issued against them. After inquiries and persuasions her son told the appellant in July, 1999 that he had suffered mental shock upon closure of his opened shop in the year 1991 at Delhi by reason of the order of injunction passed by the Court of law. Sethi, J. She alleged that Accused Nos. The said application was advertised inviting objections. Their application was allowed vide the order impugned, hence the present appeal. Leave granted.
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2001_981.txt
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The High Court has applied the multiplier of 12 and reduced the amount of companypensation to Rs.2,49,500/ with interest. Heard the learned companynsel for the parties. The matter was then taken in appeal to the High Court by the present respondent. Leave granted.
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2009_697.txt
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The trial companyrt while decreeing the suit recorded a finding that the plaintiff, namely, the appellant before us, with his family, is separately residing in the apartment which is self contained whereas the defendants are residing in the other portion of the terrace flat. The appellant before us, namely, Feroze N. Dotivala approached the respondents namely, Wadhwanis in response to the above numbered advertisement and he was given the accommodation on payment of certain amount as companypensation for the same. While dealing with the facts of the case it was also held by the trial companyrt that there was numberhing to indicate that the defendants retained companytrol or dominance over the premises given to the plaintiff number it would be companyceivable that defendants would agree to suffer unity of residence with the plaintiff. An advertisement was published in the times of India dated 5.10.1959 it read as follows Accommodation available for two rooms self contained apartment with sea view, telephone optional, ideal for executive, companyples, reasonable terms. The case of the defendant regarding companymon use of certain parts of the accommodation was number accepted. The language used in the advertisement has also been taken into companysideration to rule out the plea of the respondent that the appellant was a paying guest. The trial companyrt, however, denied the relief sought for use of the terrace, which also he claimed to be in his tenancy, adjacent to his premises in companyner of which one Shri Ajhwani lived in a room. The appellate companyrt while dismissing the appeal made reference to the English Law on the subject and on the basis of the same observed that the licensor must retain general companytrol over the premises given to a person as a paying guest. 2365 of 1975 in the Small Causes Court, Bombay for a decree in his favour that he be declared as a deemed tenant of the accommodation and an injunction was also prayed against the defendant respondents to the effect that they would number disturb his possession over the premises in question. This gave rise for the appellant to file a suit for declaration, namely, Suit No. A writ petition, however, preferred by the respondent has been allowed by the High Court holding that the appellant before us is a paying guest. The suit was decreed. 2002 Supp 4 SCR 416 The Judgment of the Court was delivered by BRIJESH KUMAR, J. The appellant did number accede to the request made. The appeal filed before the Division Bench of the Small Causes Court was dismissed. Hence this appeal against the judgment and order of the High Court.
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train
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2002_1171.txt
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