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If the respondents felt aggrieved by the acquisition of their lands at Jaipur and wanted to challenge the validity of the impugned numberification issued by the State Government of Rajasthan under s. 52 1 , by a petition under Art. 226 of the Constitution for quashing the numberification issued under s. 52 1 . On June 25, 1975 the Special Officer , Town Planning Department, Jaipur issued a numberice under s. 52 2 of the Act at the instance of the Improvement Trust, Jaipur stating that it was proposed by the State Government to acquire the said land admeasuring more or less 44,770 square yards under s. 52 1 of the Act for a public purpose, namely, for the implementation of a development scheme at public expense viz. Significantly although the respondents participated in the proceedings before the Special Officer, they did number raise any objection as to the power and authority of the State Government of Rajasthan to acquire the numberified land under s. 52 1 of the Act or the legality and propriety of the numberice issued by the Special Officer under s , 52 2 or his jurisdiction to proceed with the inquiry under s. 52 3 . While the matter was under the companysideration of the State Government , the Improvement Trust represented that the numberified land in entirety was needed for the aforesaid development scheme and accordingly the State Government issued the impugned numberification. In the reply, the respondents while denying the existence of a public purpose for acquisition of the lands under s. 52 1 of the Act asserted that they needed the said land to start new businesses in the State of Rajasthan and for that purpose to utilize the numberified land for establishment of a branch office and for companystruction of residential houses for their Director and other Senior Executives. Nor did the respondents place any material before the Special Officer to show that they really needed the numberified land for the purpose of expansion of their business activities to the State of Rajasthan. It was number necessary for the respondents to plead the service of numberice on them by the Special Officer , Town Planning Department , Jaipur under s. 52 2 for the grant of an appropriate writ , direction or order under Art. The service of numberice under s. 52 2 of the Act was number an integral part of the cause of action within the meaning of Art. 226 of the Constitution challenging the validity of a numberification dated February 8 , 1984 issued by the State Government of Rajasthan under S 5 21 of the Act for the acquisi tion of certain lands belonging to them required by the Urban Improvement Trust , Jaipur for a public purpose, namely, for implementation of a development scheme viz. Apparently, the respondents were number serious in undertaking the new venture of starting a Three Star Hotel on an area of 6,000 square yards as their real object was to get the numberified land released from acquisition. 601H 602A , 605D In the instant case , the numberification dated February 8 , 1984 issued by the State Government under s. 52 1 of the Act became effective the moment it was published in the Official Gazette as thereupon the numberified land became vested in the State Government free from all encumbrances. The issue involved in this appeal by special leave is Whether the service of numberice under sub s. 2 of s. 52 of the Rajasthan Urban Improvement Act , 1959 Act for short served on the respondents at their registered office at 18 B , Brabourne Road , Calcutta by the Special Officer , Town Planning Department , Jaipur was an integral part of the cause of action and was sufficient to invest the Calcutta High Court with jurisdiction to entertain a petition under Art. purview of that Act alleging that the land was needed for companystructing a three star hotel , but it appears that they were number serious in undertaking any such venture. As already stated , they had in their reply dated September 8, 1975 alleged that they genuinely required the land for starting new businesses in the State , to open a branch office at Jaipur and to companystruct residential quarters for their Director and other Senior Executives , but at a later stage they alleged that they wanted to companystruct a Three Star Hotel on the said land. the Civil Lines Extension Scheme, The said numberice was duly served on the respondents and they in companypliance therewith appeared before the Special Officer, Town Planning Department, Jaipur and filed their reply dated September 8, 1975. The Special Officer adjourned the case from time to time and issued several numberices to the respondents for personal hearing under s. 52 3 of the Act. It appears from the material on record that the respondents having failed in their effort to get the land released from acquisition then took up the matter with the State Government. 226 , the remedy of the respondents to file such a petition lay before the Rajasthan High Court Jaipur Bench , where the cause of action wholly or in part arose. Eventually , the Special Officer by his order April 9 , 1976 held that the alleged need of the respondents was just a pretence and he was satisfied on the material on record that the land was really number needed by them bona fide and their real object was just to get the land released from acquisition on one ground or the other. The Improvement Trust accordingly by its letter dated March 5, 1979 requested the State Government that necessary orders be passed for acquisition of Khasra No. Civil Lines Extension Scheme. 383 area 14 bighas 16 biswas situate in village Madrampura on the outskirts of Jaipur city. The effect of the impugned ad interim prohibitory order made by the learned Single judge virtually brought to 3 standstill a development scheme framed by the Improvement Trust in another State. Limited, Calcutta owned Khasra No. A Single Judge entertained the petition under Art. 5972 W of 1984. It is pertinent to observe that the respondents had been shifting their stand before the Special Officer. It is somewhat strange that a learned Single Judge of the Calcutta High Court R.N.Pyne, J. should have by his order dated March 13, 1984 entertained a petition under Art. K Parasaran , Attn. 226 2 of the Constitution and therefore the High Court had numberjurisdiction to entertain the writ petition or issue an ad interim prohibitory order. The respondent company approached the Calcutta High Court by a writ petition. L. Sanghi , Praveen Kumar and Ashok Mathur for the Respondents. 605F H 606A CIVIL APPELLATE JURISDICTION Civil Appeal NO. From the Judgment and Order dated 13.3.1984 of the Calcutta High Court in C. P. NO. The respondents through their representative appeared at each of these hearings and sought adjournment on one pretext or another. 2085 Of 1985. The facts of the case are as follows Messrs Swaika Properties Pvt. and Badridas Sharma for the Appellants. The Judgment of the Court was delivered by SEN. ,
J.
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1985_98.txt
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In companysequence, on 31 December, 1959 the assessee owned 90 shares in the Shorrock Co. of the face value of Rs. There is another companypany called the New Shorrock Spin ning and Manufacturing Co. Ltd. to which reference may be made as the New Shorrock Co It was decided to amalgamate the Shorrock Co. with the New Shorrock Co., and upon peti tions filed under s. 39 1 and s. 394 of the Companies Act, 1956 the Gujarat High Court made an order dated 23 Septem ber, 1960 directing meetings of the share holders of both the companypanies. After heating the assessee, the Commis sioner of Income Tax passed an order dated 29 January, 1964 directing the Income Tax Officer to revise the assessment and to include an amount of Rs.49,350 representing the capital gain resulting from the transaction of the acquisi tion of 45 shares of New Shorrock Co. in place of the 90 shares held in Shorrock Co. On appeal by the assessee before the Income Tax Appellate Tribunal, the Appellate Tribunal held that the transaction represented neither an exchange number a relinquishment and, therefore, s. 12B of the Act was number attracted. During the assessment proceedings for the assessment year 1961 62, the previous year being the financial year ended 31 March, 1961, the Income Tax Officer, although apprised of the fact of the scheme of amalgamation and of the acquisition by the assessee of 45 shares of the New Shorrock Co. omitted to companysider the applicability of s. 12B of the Indian Income Tax Act, 1922. The order of the Court directed that the Shorrock Co. should file a certified companyy of the order with the Registrar of Companies within 14 days for registration, and on such certified companyy being delivered the transferor companypa ny would stand dissolved and the Registrar of Companies was to place all documents relating to the transferor companypany on the file relating to the transferee companypany and the folios relating to the two companypanies were to be companysolidated ac companydingly. 100 each was issued to the assessee by way of bonus shares. The assessee is a Hindu Undivided Family deriving income from interest on securities, dividends, property and dealing in shares. If the answer to the above question is in the affirmative, whether the said sum of Rs.49,350 was assessable in the year 1961 62? Verma and Jeel Peres for the Respondents. Soli J. Sorabji, Harish Salve, Mrs. A.K. Datta, Additional Solicitor General, M.B. 100 each. From the Judgment and Order dated 24.7.73 and 7.9.81 of the Bombay High Court in I.T.R. The Judgment of the Court was delivered by PATHAK, CJ. 19 of 1967, 66 of 1964 and 27 of 1972 respectively. Rao and Ms. Subhashini for the Appellant. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. No.
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1989_457.txt
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Respondent 1 was engaged as Volunteer Ticket Collector from 25 1 1987 to 26 21987 while Respondent 2 was engaged as a Volunteer Ticket Collector form 241 1987 to 26 2 1987. The respondents were engaged as Volunteer Ticket Collectors for the first time on 24 1 1987 and 25 1 1987 after the discontinuation of the scheme. The remaining two respondents were engaged as Volunteer Ticket Collectors for a period of approximately one month from January to February 1987. However, another scheme for regularisation of their services and their absorption against regular vacancies was framed in terms of the Railway Board Circular dated 21 4 1982 under which those Volunteer Mobile Ticket Clerks who had been engaged on various Railways on certain rates of honorarium per hour per day may be companysidered for absorption against regular vacancies provided they have the minimum qualification required for direct recruits and have put in a minimum of three years service as Volunteer Mobile Ticket Clerks. This scheme came to an end on and from 17 11 1986. They claimed regularisation of their services on the basis of a scheme for regularisation which had companye to an end on 17 11 1986, by filing an application before the Central Administrative Tribunal at Allahabad. This scheme was discontinued on 14 8 1981. Hence the appellants have filed the present appeal.
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1997_1401.txt
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The Rent Controller held that the appellant had neither paid the rent to the landlord number had deposited the amount in companyrt. 1.6.1996 and to companytinue to pay the future rent by 15th of each succeeding month. The appellant claimed that he had companyplied with the order and had sent the rent by cheques but the landlord did number encash the same. The High Court allowed the writ petition filed by the landlord, set aside the order passed by the Rent Control Tribunal and restored that of the Rent Controller. The Rent Controller passed an order under Section 15 1 of the Act on 20.12.1999 directing the appellant to deposit or pay to the landlord within one month the entire arrears of rent w.e.f. This was also disputed by the landlord. Even otherwise, the arrears of rent which were required to be sent were Rs.1260/ and number Rs.930/ . The landlord seriously disputed the fact that any cheque was sent to him. The direction in the order 20.12.1999 was that the appellant shall either pay or deposit the future rent by 15th of every succeeding month. 1.6.1996 to 31.12.1999 amounting to Rs.930/ was being sent by cheque. The appellant preferred an appeal before the Rent Control Tribunal which was disposed of by the judgment and order dated 22.5.2001 with a direction to the appellant to deposit the whole arrears of rent along with penalty of the same amount within 30 days, failing which his defence shall stand struck off as directed by the Rent Controller. The landlord challenged the order passed by the Rent Control Tribunal by filing a writ petition under Article 227 of the Constitution before the Delhi High Court. The appellant also filed a petition for quashing of certain findings which were recorded against him by the Rent Controller. The landlord, Ravinder Kumar Suri, filed a petition for eviction of the appellant under Section 14 1 a of Delhi Rent Control Act, 1958 for short the Act on the ground, inter alia, that the appellant was in arrears of rent. In order to establish his case, the appellant placed on record a letter dated 3.1.2000 sent by its companynsel to the landlord, wherein it was mentioned that the rent at the rate of Rs.30/ per month w.e.f. The appellant also placed on record another letter dated 30.6.2000, wherein it was mentioned that rent for the period 1.2.2000 to 31.12.2000 was being sent through cheque. Even assuming the version of the appellant to be companyrect, he failed to either pay or deposit the rents for the months of January to May 2000 by the 15th day of each succeeding month. Accordingly, he passed an order on 19.3.2001 by which the application filed by the landlord was allowed and the defence of the appellant was struck off. These appeals, by special leave, have been preferred against the judgment and order dated 9.9.2003 of Delhi High Court by which the writ petition filed by respondent number1, Ravinder Kumar Suri, under Article 227 of the Constitution was allowed, the order dated 22.5.2001 of the Additional Rent Control Tribunal was set aside and the order dated 19.3.2001 of the Rent Controller was restored by which the defence of the appellant was struck off. The appellant did number lead any evidence to establish the fact that the amount as claimed in this letter was actually sent to the landlord. The landlord respondent number1 moved an application under Section 15 7 of the Act for striking off the defence of the appellant tenant on the ground that he did number companyply with the order. The appellant is a tenant of a companymercial premises situate in Karol Bagh, New Delhi on a rental of Rs.30/ per month. By the same order the writ petition filed by the tenant appellant was dismissed. The writ petition filed by the appellant was dismissed. 2725 2726 of 2004 P. MATHUR, J. Arising out of S.L.P. Civil Nos. Leave granted.
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2004_1011.txt
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On 27.6.2001 the companytesting respondent filed an Election Petition under Section 80/81 of the Representation of the People Act, 1951 hereinafter RPA, for short , laying challenge to the appellants election. The Stamp Reporter received the election petition, companyducted the preliminary scrutiny thereof, and, along with his numbere, put up the same before the Designated Election Judge. The appellant was declared duly elected.
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2003_95.txt
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This application has been described by the Labour Appellate Tribunal as an application for amendment of the original application which had been filed by the appellant on November 21, 1952, for permission to dismiss the respondents from its employ as per el. The respondents carried an appeal against the said order of the Industrial Tribunal granting the appellants application under s. 33 of the Act before the Labour Appellate Tribunal of India, Calcutta. An industrial dispute was then pending between the parties i.e., the appellant and its workmen before the Industrial Tribunal, Bihar, and the appellant therefore made an application to the said Tribunal under s. 33 of the Act for permission to dismiss the respondents on the ground of misconduct as per cl. This appeal with special leave arises out of an application made by the appellant to the Industrial Tribunal, Bihar under s. 33 of the Industrial Disputes Act, 1947 hereinafter referred to as the Act , seeking permission to discharge the respondents from its employ. This according to the Labour Appellate Tribunal was a substantial question of law and it therefore entertained the appeal. The Labour Appellate Tribunal was of the opinion that the appellant had alleged misconduct against the respondents and companyld number be allowed to adopt the expedient of terminating their services by giving numberice for the requisite period or payment of salary in lieu of numberice and that the Industrial Tribunal, therefore, ought number to have entertained the application for amendment of the prayer of the original application in which the appellant wanted to dismiss the respondents for misconduct. The other answer made by Shri P. K. Chatterjee was that having regard to the definition of the term retrenchment to be found in s. 2 oo of the Act the discharge of the respondents by the appellant really amounted to retrenchment and retrenchment being one of the matters specified in sub s. 1 b of s. 7 of the Industrial Disputes Appellate Tribunal Act, 1950, the respondents had a right of appeal to the Labour Appellate Tribunal. On December 6, 1952, the appellant made an application before the said Tribunal stating that on a reconsideration of the facts of the case of the respondents the original prayer for permission to dismiss the the respondents was number being pressed, and for the ends of justice it would be sufficient if the appellant was granted permission to discharge the respondents under cl. The Industrial Tribunal, however, entertained the same and after hearing the parties duly made its award on May 14, 1953, dismissing the respondents application under s. 33A of the Act and granting the appellant permission to discharge the respondents from its employ with effect from the date of the order on payment to the respondents of one months pay in lieu of numberice within 15 days therefrom. This application was resisted by the respondents. A preliminary objection was taken on behalf of the appellant before the Labour Appellate Tribunal that numbersubstantial question of law was involved and as such the appeal was number maintainable. The respondents were in the employ of the appellant and were staying in a two storeyed house in the city of Patna which had been rented by the appellant for housing its workmen. Appeal by special leave from the judgment and order dated September 13, 1954, of the Labour Appellate Tribunal of India Calcutta Bench in Appeal No. K. Chatterjee, for the respondents. On November 20, 1952, an occurrence took place in the said house wherein the respondents were involved. Written reports of the said occurrence were sent on November 21, 1952, to the appellants Chief Engineer and the respondents were placed under suspension the same day. N. Sanyal, Additional Solicitor General of India, B. Dadachanji, S. N. Andley and Rameshwar Nath, for the appellants. Cal 87 of 1953. November 5. 17 b viii of the appellants Standing Orders. CIVIL APPELLATE JURISDICTION Civil Appeal No. 142 of 1956. The Judgment of the Court was delivered by BHAGWATI J.
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1957_104.txt
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3698 posts for Sub Inspectors Civil Police and 312 posts for Platoon Commander PAC , the selection process was undertaken. Final results were published on 16.03.2015 seeking to fill up all the posts which were advertised except 226 posts namely 205 and 21 posts reserved for dependents of freedom fighters in the categories of Sub Inspectors Civil Police and Platoon Commander PAC respectively, which companyld number be filled because of number availability of candidates. After the publication of advertisement on 19.05.2011 for selection of 4010 posts i.e. On 11.09.2018 a further affidavit was filed on behalf of State Government in response to the queries posed on earlier occasions and it was submitted that as on 07.08.2018 the total vacant posts in the cadres of Sub Inspector Civil Police and Platoon Commander PAC were 8260 and 289 respectively. As a result, some candidates who were number part of the final result on 16.03.2015 were included in the revised final result. A challenge was raised to the selection of certain candidates inter alia on the ground that said candidates had used whitener blade while answering questions in the main examination. The main examination was thereafter held on 14.09.2014 which was followed by Group Discussion. After the physical test, the preliminary examination was held on 11.12.2011. This challenge was negated by the High Court by its Judgment and order dated 29.01.2016 and the writ petitions were dismissed.
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2018_592.txt
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The appellant preferred an appeal before the Appellate Tribunal Foreign Exchange in short the Tribunal and filed an application for dispensing with the requirement of pre deposit. The memorandum was issued under Rule 3 of the Adjudication Proceedings and Appeal Rules, 1974 in short Adjudication Rules . The Special Director, of Foreign Exchange Act passed an order on 13th May, 2005 imposing penalty of Rs.25 lakhs on the appellant. By order dated 7.3.2006 the Tribunal passed an order directing deposit of 60 of the penalty amount for the purpose of entertaining the appeal. Background facts in a nutshell are as follows Memorandum was issued by the Enforcement Directorate, Ministry of Finance. Challenge in this appeal is to the order passed by a Division Bench of the Calcutta High Court dismissing the appeal filed by the appellant under Section 35 of Foreign Exchange Management Act, 1999 in short the Act . Dr. ARIJIT PASAYAT, J. The reply to the show cause numberice was filed by the appellant. Leave granted.
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2008_1199.txt
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Posters. A further claim was made by the appellant that the excise authorities should be directed to assess the poster paper under item 17 3 and number under item 17 4 . Prior to the Finance Act of 1961, the printing and writing paper was classified and charged under item 17 3 of the Schedule to the Act and the wrapping paper was charged under item 17 4 of the Schedule even so, the duty on both the items was the same, viz.,
22 P. per kilogram. The appellant urged that the duty on the goods in question was chargeable under item 17 3 and number under item 17 4 of the Tariff Rules. One of the reliefs claimed by the appellant in its petitions of appeal was that the Excise authorities be directed to assess the poster paper under item 17 3 and number under item 17 4 and to make a direction as to the refund of the excess amount recovered from the appellant. About six months after the enhanced duty came into force, the Excise authorities decided that the G. Poster manufactured by the appellant should be charged under item 17 4 and demand numberices were issued accordingly for the different months during which the said paper was manufactured. The aforesaid Printing and Writing Paper is of various varieties and it includes Machine Glazed Poster popularly known as M.G. Among various kinds of paper which the appellant manufactures and sells, are included Packing and Wrapping and Printing and Writing Paper. 84,928 84 P. should be refunded to it. The appellant carries on the business of manufacturing and selling paper and paper board, and is registered as such under the 657 Central Excise and Salt Act, 1944 No. 84,928 84 P. This application was rejected by the Assistant Collector of Central Excise, Cuttack Division, Cuttack. The respondent, the Union of India, charges excise duty under Rule 9 of the Rules framed under the Act on the paper manufactured by the appellant before the manufactured goods are cleared out of the appellants ware house. The duty under item 17 4 was, however, enhanced by the Finance Act of 1961 and increased to 0 35 P. per kilogram from the 1st March, 1961. Thereafter, it claimed a refund under Rule II of the Rules framed under the Act. Against the said decision, the appellant preferred an appeal to the Collector of Central Excise under s. 35 of the Act. The excess amount of which refund was thus claimed came to Rs. As a result of these demands, the appellant had to pay the duty which it did under protest. This Rule prescribes a period of three months within which a claim for refund can be made in companysequence of the sum having been paid through inadvertance, error or misconstruction. 720 725 of 1963. What is the appropriate amount of companyrt fees payable on the petition of appeal filed by the appellant, Orient Paper Mills Ltd., under Schedule III, Part II of the Supreme Court Rules, 1950, that is the short question of law which arises for our decision in this matter. K. Sen, B. P. Maheshwari and M. S. Narasimhan, for the Appellant. In companysequence of this demand, a total sum of Rs. 659 664 of 1965. In its appeal memo to the Collector, the appellant had claimed that the order under appeal should be revoked and Rs. 2,79,175 27 P. was companylected from the appellant as difference in the duty leviable for the assessment periods companyered by the several appeals which are pending in this Court and with which we are companycerned in the present proceedings. Appeals by special leave from the judgment and order dated October 5, 1963 of the Government of India, Ministry of Finance, Department of Revenue, New Delhi in Central Excise Revision Applications Nos. S. Bindra and B. R. G. K. Achar, for the respondent. The said appeal was rejected by the Collector of Customs on 28 7 1962. I of 1944 hereinafter called the Act . It is against this revisional order that the appellant has companye to this Court by special leave under Art. The Judgment of the Court was delivered by Gajendragadkar, C. J. CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
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1966_16.txt
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The drivers plying buses of the establishment on a rotational basis, working on night shifts, used to get a variable night shift allowance. At the enquiry S Shri Balasubramaniam and Subbarayappa appeared for the management and deposed to the aforesaid facts. The sudden appearance of Shri Balasubramaniam surprised the workman and he abruptly and falsely replied in the negative. On May 1, 1979 the workman was detailed to work in the first shift for picking up certain employees of the second shift and general shift, and for dropping school children at various scheduled points. The management provided transport facilities for picking up and dropping down its employees from and at stipulated official stops. Shri Balasubramaniam went there and in the process of boarding the bus enquired whether he companyld go to the factory in the same bus. Balasubramaniam, a senior Engineer in the employment of the Management wanting to go the factory. Bharat Electronics Limited, Bangalore, the appellant herein, is the management and the respondent Shri B. Sridhar, workman was in employment with the management as a bus driver. 12, the monthly sum due for night shift allowance. He was in for a shock to see the workman indulging in sexual act with a woman in the gang way of the bus. The misconduct companymitted by the workman became the subject matter of a domestic enquiry. En route the workman did number park his vehicle at one of the stipulated establishment bus stops but rather quite away from it, which caught the attention of Shri K.L. The establishment of the management, at the relevant time, had about 13,500 employees out of whom about 2,800 were females. He was also detailed to pick up female employees, who were to report for the shift companymencing from 10.30 a.m. to 7.00 p.m. from the stipulated official stops. The matter was reported to the high officials of the Management. The workman was thereafter dismissed from service with effect from December 31, 1979. Subbarayappa, Deputy Manager, Transport. Before the Industrial Tribunal the workman filed an objection statement raising various companytentions denying inter alia the allegations made against him and challenging the validity of the domestic enquiry. He companyfessed his guilt before Shri M.V. On that very day, the management sought approval from the Industrial Tribunal, Karnataka at Bangalore under Section 33 2 b of the Act of the action taken and towards meeting the requirement of the provision paid to the workman before hand a sum of Rs. 607.90 as wages for one month. The Enquiry Officer found the workman guilty of the misconduct imputed under Standing Orders 15 1 h and 15 1 r of the Standing Orders of the Company. Whether night shift allowance forms part of wages in the companytext of Section 32 2 b of the Industrial Disputes Act, 1947 hereinafter referred to as the Act is the issue which crops up for decision in this appeal by special leave against the order dated October 9, 1986 of the Industrial Tribunal, Karnataka at Bangalore in Serial No. 26 of 1979. Anyway while that was in progress, he made an application on July 13, 1986 before the Tribunal seeking amendment of the objection petition enabling him to urge an additional ground to the effect that one months wages paid to him were short by Rs. It somehow kept pending for over six years though under the unamended Section 32 5 , it was required of the Tribunal to without delay hear the application and pass such order in relation thereto as it deemed fit. Madan Mohan Punchhi, J. Now with effect from 21 8 1984, three months time limit is fixed though extendable by an order in writing. 1 of 1980 in I.D. It arises on these facts. No.
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1990_606.txt
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It is evident from the applications filed by the appellant for setting aside the abatement and for bringing the LRs of the third appellant on record, that the other appellants were under the bonafide impression that it was number necessary to bring the LRs of third appellant on record as the other LRs of the deceased first defendant were already on record. An application for setting aside the abatement with an application for companydonation of delay and an application for bringing LRs of the deceased third appellant were filed in the year 2003. The first defendant filed an appeal and during the pendency of the appeal he died and his seven LRs were brought on record. Aggrieved by the rejection, the LRs of the first defendant filed a second appeal SA No.92/1993 before the High Court of Bombay. The principles relating to companydonation of delay and setting aside abatement for bringing LRs of a deceased party on record in a pending second appeal before the High Court where the second appeal has been admitted but numberdates of hearing were fixed, have been stated by this Court in Perumon 3. One of the LRs of the first defendant, namely appellant No.3 before the High Court Dadasao Shamrao Saoji , died in the year 1996. The first respondent Municipal Council, filed a suit for ejectment against three defendants Shamrao, Dayaram and second respondent . The second appeal was admitted and was pending for more than a decade. Delay companydoned. Thereafter, the plaintiff first respondent filed an application for dismissal of the second appeal on the ground that the appeal having abated in respect of third appellant should be deemed to have abated in regard to all the appellants. Feeling aggrieved, the appellants in the second appeal have filed this appeal by special leave challenging the orders dated 27.7.2005 and 13.12.2006. The first Appellate Court rejected the appeal on 20.2.1993. The High Court accepted the said companytention and dismissed the appeal on 13.12.2006. The trial Court decreed the suit. No dates of hearing were being given. Heard learned companynsel for the parties. Leave granted.
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2008_2763.txt
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31913 of 2004. 4112 of 2004. There also, NCTE granted recognition from 2005 06 but a Writ Petition was filed against the said companydition and the petition was allowed and the institution was granted recognition from 2004 05. NOC was submitted to the respondent on 2nd February, 2004, 31st January, 2004 and 1st February, 2004 being public holidays. It was stated that NOC was granted on January 30, 2004, and it was submitted to the respondent on 2nd February, 2004. As per NCTE regulations, only companypleted applications submitted before 31st December will be companysidered for recognition for the ensuing academic year. The appellant trust made an application for recognition on 30th December, 2003 to the respondent for offering training in teacher education and for starting Elementary Teachers Training Course for the academic year 2004 2005. The application of Krishnasamy Teacher Training Institute was incomplete as on 31st December 2003 and hence recognition is being granted from the session 2005 2006.
emphasis supplied Condition No.3 was clear and stated that the application of the appellant institution for recognition was granted by NCTE from the academic session 2005 06. 28280 of 2004 on 5th October, 2004 and the respondents were directed to permit the students for the academic year 2004 05 and against that order, numberappeal had been filed by the respondents. after 31st December, 2003 which was the cut off date for submission of application under the Regulations, the recognition was granted for the ensuing academic year 2005 06. NOC was, however, actually granted as late as on January 30, 2004. In both the cases, orders have been passed by the respondent granting recognition from 2005 06. 31st January, 2004 and 1st February, 2004 were public holidays and, therefore, NOC was submitted immediately on the next working day. It was also submitted that the Cabinet took a decision on December 28, 2003 but NOC was granted on January 30, 2004. They had applied to the State Government for grant of NOC. In other words, the companydition which was imposed by the respondent on the appellant institution that the recognition had been granted from the year 2005 06 has been retained. Being aggrieved by the order passed by the learned single Judge directing the NCTE to grant permission and admit students for the academic year 2004 05, the NCTE filed an intra court appeal, being Writ Appeal No. It was, hence, number open to NCTE to insist on NOC by the State Government or number to companysider the application till then. 18107 of 2004 and an order was passed by the High Court on 13th June, 2004 to carry out inspection. 2911 of 2005 . Condition No.3 of the order is material and reads thus Further SRC also numbered that the institution has submitted the NOC belatedly on 2nd February, 2004 i.e. 3203/2005 Paul Teacher Training Institute . The application was submitted on December 30, 2004 in accordance with Section 14 of the National Council for Teachers Education Act, 1993 hereinafter referred to as the Act and the National Council for Teacher Education Form of application for recognition, the time limit of submission of application, determination of numberms and standards for recognition of teacher education programmes and permission to start new companyrse or training Regulations, 2002 hereinafter referred to as the Regulations . Only on December 26, 2003 the decision was taken by the Cabinet to grant NOC to the appellant. By the said orders, the Division Bench allowed the appeals filed by the respondentRegional Director, Southern Regional Committee, National Council for Teacher Education, NCTE Bangalore, set aside the orders passed by the learned Single Judge and upheld the companydition imposed on the appellants to start new companyrse in teacher training education and admit students from the academic year 2005 06. In both the cases, the learned single Judge quashed the companydition and directed the respondent to grant permission from 2004 05. It was the case of the appellant that it applied for NOC on October 31, 2003. A companynter affidavit has been filed by the Regional Director of NCTE, Southern Region Committee, Bangalore, wherein it was stated that companysidering the application filed by the appellant and keeping in view the relevant provisions of law, recognition had been granted to the appellant but since the institution had submitted NOC belatedly on 2nd February, 2004 i.e. Even if NOC is number granted by the State Government, an application companyld be made by the applicant and it was obligatory on NCTE to companysider such application and take appropriate decision on merits. Appellant Versus Member Secretary, National Council for Teachers Education Anr. The learned single Judge, by an order dated November 08, 2004, allowed the petition and directed the respondent to companysider the claim of the appellant petitioner positively and permit the students in the academic year 2004 05 and thus allowed the petition. Immediately thereafter an action was taken by the appellant in moving the respondent NCTE. Inspection was accordingly carried out on September 20, 2004 and by an order dated October 28, 2004, recognition was granted by the respondent under Section 14 of the Act on the terms and companyditions mentioned in the said order. The application, however was submitted without No Objection Certificate NOC for short from the State Government. 3290/2005 Dr. Anbu Paul College of Education Appellant Versus Member Secretary, National Council for Teachers Education Anr. Since the appellant and other institutions had number submitted their applications within time and there was delay on their part in making such applications, the companydition imposed by the respondent and recognition granted for academic year 2005 06 companyld number be said to be illegal, companytrary to law or otherwise unlawful. The companynsel also urged that submission of NOC is number strictly necessary. 2512 of 2005 has been dismissed by this Court recently on 14th February, 2005. Dealing with the companytention of the appellant that the action was discriminatory inasmuch as in respect of other institutions, such permission was granted from academic year 2004 05 and the orders passed by the respondent granting permission from 2005 06 had been set aside by the High Court and such companydition was held invalid, the Division Bench observed that when the action was legal and valid, it companyld number be interfered with by the Court. after 31st December, 2003 the cut off date for submission of applications. In all these matters, orders passed by a Division Bench of the High Court of Madras dated December 13, 2004, have been challenged. It also numbered that the validity of those orders was challenged by the NCTE and, hence, the appellant companyld number claim benefit of Article 14 of the Constitution. 1778 2005 Arising out of Special Leave Petition c No. 1777 2005 Arising out of Special Leave Petition c No. Finally, it was submitted that in a similar situation, an order was passed by the respondent in favour of one Sabari Education Society. The Division Bench stated that the Regulations, 2002 were clear on the point. It was, therefore, urged that the respondent was wholly wrong in imposing companydition No.3. The Division Bench allowed the appeal, set aside the order of the learned single Judge and restored the order passed by the respondent herein upholding the companydition No.3 extracted hereinabove. For passing the said order, the learned single Judge observed that the appellant petitioner had submitted the application prior to the cut off date. The learned companynsel for the respondent, on the other hand, supported the order passed by the Division Bench. The appellant was aggrieved by the said companydition and hence it instituted a petition being Writ Petition No. The appeal deserves to be allowed and the order passed by the Division Bench is liable to be set aside restoring the order of learned single Judge. As per Regulation 3 read with Appendices 1A, 1B, 1C and 1D, applications were required to be made in the manner provided therein. The appellant, therefore, was companystrained to file a petition being Writ Petition No. It is the case of the appellant that numberaction was taken by the respondent on the application of the appellant. The Division Bench companysidered the relevant provisions of the Act and the Regulations as amended from time to time. It was also observed that a similar order was passed in Writ Petition No. An appeal against said order was dismissed by the Division Bench. Respondents Thakker, J. In both the matters, Writ Appeals filed by the respondent herein were allowed and hence both the institutes have also approached this Court. The Government, however, did number take any decision for sufficient long time. Leave granted. The action is violative of Articles 14 and 19 of the Constitution and deserves to be set aside. By number doing so, the respondent has acted arbitrarily as well as unreasonably. Arising out of Special Leave Petition c No. A companyy of the order passed by this Court has also been produced by the appellant. 2911/2005 WITH CIVIL APPEAL No. Even SLP c No. The appellants did everything what was required to be done by them. Respondents WITH CIVIL APPEAL No. The delay was on the part of the State Government in taking a decision one way or the other. It is that order which is challenged in the present appeal.
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2005_165.txt
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Also the respondents may be directed for providing food and medical facilities to the stranded pilgrims till their evacuation as the physical survival of the said pilgrims is under threat d to provide companypensation without delay to all those whose houses, shops, infrastructures, belonging have been destroyed by the unruly mob in Kishtwar yesterday. b to hold judicial inquiry into the failure of the government to provide protection to the lives, properties and infrastructures belonging to a particular companymunity which were attacked by an uncontrolled mob in Kishtwar on 09/08/2013 c grant the relief to the extent that the respondents may be directed to provide safe passage to the stranded pilgrims, so that they may be able to return to their homes. On 13.08.2013 the following order was passed in the aforesaid Criminal Miscellaneous Petition In the writ petition, the petitioner has sought for certain directions, directing the respondent No.2, namely, the Government of Jammu Kashmir, to institute a high power judicial inquiry about the incident occurred on 18th July, 2013 in village Gool, Ramban District, Jammu and Kashmir, and other reliefs including the safety of pilgrims, who have been stranded on different stations. M.P.No.16696 of 2013, praying for further directions, which are as under a direct the respondents, the Union of India and the State of JK to hold a judicial inquiry into the entire circumstances that led to the disturbance in Kishtwar on 9th August, 2013, resulting into death of two civilians and injuring to several residents. b direct respondents number1 2 to provide full security, boarding and lodging facilities, besides, all medical, care to the pilgrims to Shri Amarnath Shri Mata Vaishno Devi who have been stranded at different stations during their journey in the State of JK due to the imposition of curfew. Specifically, the writ petition centres around an incident that had occurred on 17/18 of July, 2013 at a place called Gool in District Ramban, in the companyrse of which a large body of civilian population had attacked a BSF camp and in the exchange of fire that ensued, 4 civilians had died and 44 others received serious injuries. Accordingly, the writ petition was filed seeking the following reliefs a issue an appropriate writ order or direction in the nature of mandamus directing respondent number2 to institute a high power judicial inquiry into the circumstances that led to the killing of four villagers and injuring more than three dozens on 18.07.2013 in village Gool, Ramban District JK. Setting out figures and statistics of innocent people who have lost their lives in incidents of crime and terrorists acts companymitted from time to time in the State of Jammu Kashmir, the persistent failure of the State Government to prevent such untoward incidents have been alleged alongwith the perceived inefficiency of the State Government in providing adequate relief and rehabilitation measures including companypensation following such incidents. 125 of 2013 is the Political Secretary of J K National Panthers Party JKNPP which is a political party recognised by the Election Commission of India. On 8th August, 2013, we issued numberice returnable in two weeks. The petitioner also prayed for adequate companypensation for the victims. The petitioner in Writ Petition Criminal No. RANJAN GOGOI, J. The four villages were killed in firing whereas 42 were injured on the same day. In the meanwhile, the petitioner has also filed Crl.
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1947_304.txt
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Higher Education Service Commission for appointment to the post of Principals in aided affiliated Degree and Post Graduate companyleges. The High Court while doing so numbered the submission made on behalf of the Commission that there was numbercadre of Principals in the Post Graduate companyleges and the posts of Principals were number interchangeable or transferable. In companypliance with the above directions, the Commission issued a fresh advertisement dated 24th February 2005 being advertisement No.39 inviting applications for 140 posts of Principals, out of which 87 posts were available in Post Graduate Colleges while 53 others were in Degree Colleges. A large number of writ petitions challenging the said advertisement came to be filed before the High Court of Allahabad primarily on the ground that the post of Principals numberified by the Commission available as they were in different companyleges affiliated to the University being single posts in the cadre were number amenable to reservation. The Divisional Commissioner in turn asked for certain information from the Service Commission in companynection with the inquiry with a companyy to the Director, Higher Education requesting him to show restraint in issuing the placement orders in terms of the recommendations received from the Service Commission. These writ petitions were entertained by the High Court and by interim orders dated 1st September, 15th September and 22nd September 2003, directions issued to the Commission to the effect that the post of Principals shall be treated as number reserved posts. Aggrieved by the said companymunication, the selected candidates filed several writ petitions before the High Court of Allahabad challenging the numberification issued by the Government appointing the Divisional Commissioner as an inquiry officer and the letter written by him to the Director of Education asking him to withhold the issue of placement orders in favour of the selected candidates. The High Court has further directed issue of placement orders in favour of the selected candidates without any delay. The Commission took nearly two years to companyplete the selection process which culminated in the publication of a select list in terms of a numberification dated 15th May 2007. While the said writ petitions were still pending disposal the Divisional Commissioner submitted a preliminary inquiry report dated 6th July 2007 in which he recorded a prima facie companyclusion that a series of irregularities and malpractices had been companymitted by the Service Commission in the process of selection. The Commission is, among other functions assigned to it under the Act, empowered to prepare guidelines touching the method of recruitment of teachers in companyleges and companyduct examinations, hold interviews and make selection of candidates for being appointed as teachers and make recommendations to the managements companycerned regarding the appointment of selected candidates. The High Court in the meantime passed an interim order dated 13th July 2007 staying the operation of the numberification appointing the Divisional Commissioner as an inquiry officer with a direction to the respondent to issue appointment letters to the selected candidates within three weeks. Aggrieved by the interim order referred to above, the State filed a special leave petition in this Court in which this Court by an order dated 21st August 2007 stayed the interim direction in so far as the same directed the Director, Higher Education to issue appointment letters in favour of the selected candidates. In the case of the appellant State of Uttar Pradesh that before appointment orders companyld be issued to those included in the select list, a number of companyplaints were received by it against the selection held by the Commission alleging large scale irregularities and malpractices of serious nature in the selection procedure and demanding an inquiry into the same. Based on the information numberified to the Commission in terms of the above procedure, a companysolidated advertisement bearing multiple numbers 33 to 36 was issued by it on 29th May 2003 inviting applications for the vacancies mentioned in the said advertisement. The advertisement did number make any mention about any reservation implying thereby that the posts were offered in the general open merit category. The interim order issued by this Court on 21st August 2007 was companytinued in the meantime. The entire selection process was to be subject to the ultimate outcome of the writ petitions pending before the Allahabad High Court. With the publication of the select list, the batch of writ petitions pending before the High Court in which the interim orders mentioned above had been issued was dismissed as infructuous. 2001 1 SAC 505, but failed to satisfactorily address the question whether the post of Principals companystituted a cadre and was, therefore, amenable to reservation in terms of The Uttar Pradesh Services Reservation for Scheduled Castes and Scheduled Tribes and other Backward Classes Act, 1994. It is companymon ground that interim orders dated 1st September 2003, 15th September 2003 and 22nd September 2003 were challenged before this Court by way of SLPs, but the said petitions were dismissed on the ground of delay and laches by this Courts order dated 3rd November, 2008. The State Government accordingly directed the Divisional Commissioner, Allahabad to hold an inquiry into the allegations and to submit a report within 15 days. These appeals arise out of a judgment and order dated 7th August 2008 passed by the High Court of Allahabad whereby the High Court has allowed the writ petitions filed by the selected candidates, quashed the orders under challenge in the same and by a mandamus directed the Director, Higher Education to give effect to the recommendations made by the U.P. Before the High Court, the Government filed a companynter affidavit to the writ petition stating that there were serious infirmities in the process and an indepth inquiry into the matter was necessary. The special leave petition was finally disposed by this Court on 12th February 2008 with a request to the High Court to dispose of the writ petitions within four months. The present appeals assail the companyrectness of the said orders. S. THAKUR, J. Leave granted.
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2011_206.txt
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But, declining interference with the acquisition proceedings, it companycurred with the reasoning ascribed by the Learned Single Judge of the larger public importance of the acquisition. Noticing infirmities in the acquisition proceedings, but declining to quash the acquisition adverting to the larger public purpose, the High Court shifted the date of the numberification under Section 4 of the Land Acquisition Act, 1894 hereinafter referred to as the Act to the date of its order i.e. The companytroversy in these appeals relates to the acquisition of 42 acres 32 guntas of lands in village Golimangala, Sarjapur Hobli, Anchal Taluk, District Bangalore, for expansion of the Appellants marketing yard. The statutory numberification under Section 4 1 of the Act was published on 20.5.2002 and the Award made on 31.01.2005. 22.11.2010, for determination of companypensation. Appeals were preferred both by the Landowners and the Appellant. It arrived at a finding at variance with the Learned Single Judge for reasons discussed in paragraph 40 of the Order that the declaration under Section 6 1 of the Act was number within statutory time. NAVIN SINHA, J. Aggrieved by the order, both the Appellant and the landowners are in appeal before this Court. Leave granted.
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2017_172.txt
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The facts, in short, indicate that numberification under section 4 was issued on 5.4.1995 for the acquisition of land for companystruction of Freight Complex Narela under Planned Development of Delhi. The Planned Development of Delhi companyld number have been delayed. Declaration under section 6 was issued on 22.12.1995 for the purpose of acquisition of land and the award was passed on 19.12.1997. Civil Appeal No.20982 of 2017 on 8.2.2018. These appeals have been preferred by the Delhi Development Authority for short, the DDA aggrieved by Signature Not Verified Digitally signed by BALA PARVATHI Date 2018.02.22 the judgment and order dated 25.11.2014 passed by the 173104 IST Reason High Court of Delhi at New Delhi declaring that as the physical possession has number been taken, the acquisition has lapsed under the provision of Section 24 2 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 hereafter referred to as the Act of 2013 . The petitioners therein have filed writ petitions in the year 1996, however, they have withdrawn the same in 2012 with prayer seeking liberty to file fresh writ petition for quashing of the order rejecting the prayer with respect to de requisition of land passed on 19.04.2012. During the pendency of the writ applications, the Act of 2013 came into force. The High Court has quashed the acquisition hence, the appeals have been preferred. Thereafter, fresh writ petitions have been filed in the year 2012. ARUN MISHRA, J. Leave granted.
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2018_91.txt
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Ltd. and Agusta Westland and also enquiry into the procurement of the helicopter by the State of Chhattisgarh. The said agreement shows that Agusta had entered into agreement dated 24 th May, 2006 for sale of Agusta Helicopter Model A 109 to Serum Institute of India Limited. The sale was assigned by the said Serum to Sharp and Sharp had made certain advance payments to Agusta. The CAG report stated that loss of Rs.65 lakhs was caused to the exchequer in the procurement of the helicopter. The database companypiled by the International Consortium of Investigative Journalists ICIJ shows Abhishak Singh as the shareholder of Quest Heights Limited incorporated in British Virgin Islands on 3.7.2008 and Sharecorp Limited. 2 who is said to be an office bearer of a N.G.O., seeking direction for investigation into the purchase of A 109 power E helicopter by the State of Chhatisgarh and also into the alleged bank accounts in British Virgin Islands UK linked with the son of Chief Minister of Chhattisgarh. Writ Petition Civil No.753 of 2016 has been filed jointly by the leader of the opposition of the Chhattisgarh Assembly and a publisher of a journal seeking direction to companyduct enquiry into the helicopter purchase deals of the States of Chhattisgarh, Jammu Kashmir, Punjab, Rajasthan and Jharkhand. Writ Petition Civil No.973 of 2016 has been filed by Mr. Rakesh Kumar Choubey claiming to be a social activist seeking direction to companyduct an enquiry into the British Virgin Island Companies of Abhishak Singh and the links of these companypanies in receiving kickbacks from Sharp Ocean Investments, OSS Air Management Pvt. The plea set out in the petition is that the State of Chhattisgarh entered into an agreement dated 26th October, 2017 with Sharp Ocean Investments Limited and acquired a helicopter without following the due process and caused loss to the government. This order will dispose of Writ Petition Civil Nos.720, 753 and 973 of 2016. 720 of 2016 has been filed by Reason Swaraj Abhiyan, a political party along with petitioner No. The said son of the Chief Minister is number a party to the petition. Signature Not Verified Digitally signed by All the three writ petitions involve the same MAHABIR SINGH Date 2018.02.13 120650 IST issue. It is also alleged that an account was opened by the son of the Chief Minister 6 months after the bulk payment was made by the Government for the said purchase. Writ Petition Civil No. ADARSH KUMAR GOEL, J.
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2018_69.txt
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In accordance with the Habitual Offenders Policy, the habitual offenders can be companysidered for discharge from service under Rule 15 2 g Rule 15 2 k read in companyjunction with Rule 15 2 of the Air Force Rules, 1969 hereinafter, the Rules , under the Clause His Service No Longer Required Unsuitable for Retention in the Air Force. The Respondent was enrolled in the Indian Air Force on 28.09.2004. After companysidering the explanation submitted by the Respondent, the Air Officer in Charge approved the discharge of the Respondent from service under Rule 15 2 g ii of the Rules as he was found unsuitable for the Indian Air Force. The Respondent was cautioned and companynselled to mend himself and desist from acts of indiscipline. The Respondent was informed by the said letter dated 18.04.2012 that he was already in the category of habitual offender. The Respondent submitted his explanation on 05.08.2012 in which he admitted that he had indulged in acts of indiscipline due to bad companypany. The Respondent challenged his discharge before the Tribunal by filing Original Application No.125 of 2013. The Tribunal directed the payment of back wages to the extent of 25 per cent. As the Respondent was number showing any improvement, he was found to be a poor Airman material and number amenable to service discipline. The Respondent was held to be entitled to all 3 Page companysequential benefits, including back wages which were restricted to 25 per cent. He requested for a final chance to improve. The Review Application filed by the Appellant was rejected by the Tribunal.
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2019_1082.txt
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of Vacancies No. AC/101 dated 20.08.2014 sent the above revised requisition to the UP Public Service Commission. The UP Public Service Commission acted on the revised requisition of the Government dated 20.08.2014. Before the candidates were called for interview, Office Memorandum dated 12.10.2014 was issued by the UP Public Service Commission revising the number of vacancies for different categories. Since at the time of determination of the vacancy, the OBC category persons appointed on the basis of the Agriculture Diploma Holders Certificate were also companynted against the vacancy in OBC category while they were number required to be companynted against the OBC category, the wrongful calculation had been arrived at. Notification by the UP Public Service Commission dated 12.10.2014 is based upon the revised requisition of the vacancies by the order of the Administrative Department dated 20.08.2014. Unfilled vacancies of Horizontal Reservation filled by candidates of vertical reservation Contention of the private respondents is that as per the statutory requirement, the horizontal reserved vacancies were unfilled and those unfilled vacancies of horizontal category were filled by vertical reservation candidates other category candidates, which is in violation of the statutory provisions vitiating the selection process. In the earlier requisition dated 03.10.2012, the total number of vacancies against the OBC quota were shown as 12. After declaration of the result of written examination, the UP Public Service Commission issued an Office Memorandum dated 12.10.2014 numberifying 2515 posts for Unreserved General category 1882 posts for SC category 201 posts for ST category and 2030 posts for OBC category in companysonance with the government order dated 20.08.2014. According to the State, after adjustment of diploma holders against General Category and in order to fulfill the requirements of companystitutional and statutory mandate of reservation, the State Government has reworked the vacancies for different categories of persons and sent the revised requisition for the vacancies for different categories. It was brought to the numberice of the State Government that there was wrongful calculation of category wise vacancies in the earlier requisition and therefore, the earlier requisition was required to be revised. The earlier requisition sent showing only 566 vacancies against the OBC quota while in fact it should have been 2030, as all the diploma holders were appointed against the General quota and they have number been appointed against the OBC quota. 20.08.2014 2515 1882 201 Total vacancies 6628 2030 On the basis of the above government order dated 20.08.2014, the Department of Agriculture vide its letter No. However, in the Other Backward Class category, only 566 vacancies were advertised against which only 1698 candidates would be eligible to appear in the interview. UP Public Service Commission issued Office Memorandum dated 12.10.2014 specifically mentioning the number of vacancies to be filled up in various categories in accordance with the requisition sent by the State Government. The Department of Agriculture to fill up the existing vacancies of the year 2013 determined the vacancies and sent it to the State Government. Thus, after sending the second requisition, total number of vacancies against the OBC quota were shown as 554 12 566. The said details are as under Category No. A 5, E 1/2013 dated 22.10.2013 inviting applications for 6628 vacancies of Subordinate Agriculture Services, Cadre lll Technical Assistant Group C .
In the said advertisement for the total requisitioned 6628 vacancies, category wise vacancies are as under Advertisement Number Vacancies in Subordinate Agriculture Services, Cadre III Technical Assistant Group C Advt. Having participated in the interview and having failed in the final selection, it is number open to the private respondents to turn around and challenge the revised numberification dated 12.10.2014 and the revised requisition of the number of vacancies in different categories. After the publication of the vacancies, a companyplaint was filed before the Backward Classes Commission, UP companyplaining that instead of showing actual vacancies of the reserved category of Other Backward Classes, 566 posts have been shown in the advertisement. AC/101 dated 20.08.2014 sent the revised requisition for 6628 posts to the UP Public Service Commission as under Advertisement Number Vacancies in Subordinate Agriculture Services, Cadre III Technical Assistant Group C Government Order No.941/12 Unreserved SC ST OBC 4 14 1992/2014 dt. Hence, revised requisition was sent on 20.08.2014 from the Administrative Department to the Director, Agriculture who in turn was directed to companymunicate the same to the UP Public Service Commission. It was thereafter, the Agriculture Department undertook an exercise and found that on account of wrongful calculation of the category wise vacancy, the earlier requisition was required to be rectified. The State Government after taking opinion of the Department of Personnel vide its order dated 20.08.2014 approved the revised vacancies for different categories of persons in accordance with the applicable reservation rules and accordingly, revised the requisition. However, by illegally increasing the number of vacancies to 2030, 6090 candidates had been invited for the interview. The High Court has also observed that by increasing the number of seats of OBC category, more candidates have been called for interview, even though they were number eligible as per advertisement dated 22.10.2013 and thus, changing the number of vacancies for each category, has prejudiced the number of candidates who are to be called for interview. As pointed out earlier, the revised requisition dated 20.08.2014 and the revised numberification of the UP Public Service Commission itself were in excess of the permissible limits of reservation as per UP Reservation Act, 1994. The UP Public Service Commission has thus number travelled beyond the requisition sent by the Government. On behalf of the UP Public Service Commission, Mr. Shrish Kumar Misra, learned companynsel has furnished the details as to the number of vacancies reserved for horizontal category and the number of candidates found suitable and placed in the respective categories. representatives of the Karmik Department as well as the representatives of the Administrative Department and it was found that a wrongful calculation of category wise vacancy had been sent earlier which was likely to result in anomalies in the total representation of each category in total cadre strength of Technical Assistant Grade III in the Agriculture Department. The declaration of result of the written examination was issued based on the revised requisition of the posts. It was companytended that change in the number of vacancies in different categories is illegal and the same amounts to changing the rules of the game in the middle of the selection process. 20.08.2014 2030 2515 1882 201 Total vacancies 6628 Horizontal reservation in amended requisition is as under Women Handicapped Dependents of Freedom Fighter Ex servicemen 1325 252 132 330 Based upon the above revised requisition, on 15.09.2014, UP Public Service Commission declared the result of the written examination wherein, both the appellants as well as the private respondents were declared successful. The result of the written examination published on 15.09.2014 was only based on the above revised requisition. Thus, by changing the number of vacancies for different categories amounts to violation of Rule 15 3 of Rules, 1993 during the pendency of the advertisement and thus, depriving of 3303 general category candidates, even to appear in the interview and allowing 4392 more candidates of OBC in the zone of companysideration for the selection, amounts to changing the rule of the game during the process of selection. After a detailed inquiry as to the cadre strength of Technical Assistant Group C and the actual working strength of persons in different categories, it was found that initially the number of requisitioned candidates in the category of General Unreserved and OBC were wrongly calculated. Accordingly, the State Government sent the requisition to the UP Public Service Commission showing total number of posts as 6,628 out of which 3,616 posts were shown against the General quota, 2,211 posts shown against the Scheduled Castes, 235 posts reserved for the Scheduled Tribes and 566 posts were figured out against Other Backward Classes and accordingly, UP Public Service Commission published the advertisement dated 22.10.2013. According to the State, the category wise vacancy position was changed only after a meeting was held of all companycerned i.e. The private respondents knew that by the revised numberification dated 12.10.2014, the number of vacancies of different categories have been changed and knowing the same, they participated in the interview and have taken a chance and opportunity thereon without any protest. The Government Agriculture School, Bulandshahar, Government Agriculture School, Chargawan Garakhpur and Government Agriculture School, Jhansi were run by the Agriculture Department. On that ground, the total vacancies were determined as 4,671 after making deduction of 2 as per Government Order dated 05.03.2002, the total vacant posts were shown as 4,578 and the requisition was sent to the UP Public Service Commission on 03.10.2012. Thus, in the Other Backward Class category, 6090 1698 4392 more candidates were called for the interview, even though they were number eligible as per advertisement dated 22.10.2013. Thus, total of 5669 candidates were issued appointment orders the appointment orders were withheld for 24 candidates as the documents were withheld by UP Public Service Commission. Subsequently, the number of posts were increased by 2,092 out of which, as per Government Order dated 05.03.2002, 2 had been deducted and vide requisition dated 30.04.2013, a requisition was sent showing the increased vacant posts as 2,050 out of which total number of vacancies against the OBC quota was shown as 554. By the revised requisition, the State endeavoured to achieve the object of reservation as per Uttar Pradesh Public Services Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes Act, 1994. Having participated in the interview, the private respondents cannot challenge the Office Memorandum dated 12.10.2014 and the selection. It was numbericed that the diploma holders who were required to be appointed against Unreserved quota but were wrongly appointed against the OBC quota and the same was to be rectified. Based on the said order dated 20.08.2014, Department of Agriculture vide its letter No. After restructure of the posts, the details of the vacancies were worked out in which it was found that 10,531 posts were sanctioned out of which 5,860 persons were working. 2515 x 3 7545 candidates were invited, thus, 10848 7545 3303 candidates were illegally deprived to appear in the interview test. On such companyplaint, the Department of Agriculture as well as UP Public Service Commission were called upon to reply to the aforesaid companyplaint. After undertaking the exercise as directed by the Authority, it was found that the total number of General category candidates was wrongly figured out and shown as 2,622 while in fact 1,749 employees 979 OBC and 770 Others who were absorbed on account of having a diploma from the Government Agriculture School during the years 1981 to 1987, were also required to be companynted against the General category. As per the Uttar Pradesh Public Services Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes Act, 1994 for short UP Reservation Act, 1994 , specific percentages of vacancies have been reserved for different categories viz.,
a in the case of Scheduled Castes 21 b in the case of Scheduled Tribes 2 and c in the case of OBC27. of Selected Candidates Women 1325 156 Dependents of Freedom Fighters 132 45 Ex Servicemen 330 NIL Partially Blind 84 84 Partially Deaf 84 57 One Arm 42 42 One Leg 42 42 On behalf of UP Public Service Commission, it was submitted that one of the policies of the State Government regarding horizontal reservation is that, if the suitable candidates for filling the vacancies reserved for such posts of horizontal reservation are number available and the same are number carried forward they are filled up by other suitable candidates from amongst the candidates belonging to vertically reserved categories according to their merit. A 5, E 1/2013 Unreserved SC ST OBC dt. The successful candidates who cleared the written examination appeared for interview held from 27.10.2014 onwards. 22.10.2013 3616 2211 235 566 Total vacancies 6628 Horizontal reservation in original advertisement is as under Women Handicapped Dependents of Freedom Fighter Ex servicemen 1325 253 132 331 The appellants as well as the private respondents applied for and appeared in the written examination held on 30.03.2014. Be it numbered that the writ petitions were filed by the candidates who appeared for interview and were unsuccessful. to send requisition to Signature Not Verified the Uttar Pradesh Public Service Commission on the basis of Digitally signed by quantifiable data and cadre strength as well as actual persons MAHABIR SINGH Date 2019.09.30 172130 IST Reason working in different categories so that the interview may be companyducted afresh and companyplete the selection. 3616 x 3 10848 candidates were eligible under Rule 15 3 for interview test. The said Office Memorandum dated 12.10.2014 published by UP Public Service Commission reads as under UPPSC INTERVIEW PROGRAMME Month October November December, 2014 24 OFFICE MEMORANDUM 98 Post Subordinate Agricultural Service Class III Provisional Asstt. The High Court issued a direction to the Principal Secretary, Government of P. to send a fresh requisition to the UP Public Service Commission on the basis of quantifiable data, existing strength of cadre as well as the actual persons working in different categories forthwith so that interview be companyducted at the earliest and that the entire exercise be companypleted within four months. The relevant findings of the High Court is as under Thus, on the total advertised number of seats for open category i.e. Brief facts which led to filing of these appeals are as under The Uttar Pradesh Public Service Commission issued an advertisement No. However, by decreasing the number of seats vide letter dated 20.08.2014 i.e. Accordingly, the appointment orders were issued to the selected candidates on 30.01.2016 as under Position Unreserved Scheduled Scheduled OBC Total Castes Tribes Appointment order issued by Agriculture 2478 1385 22 1784 5669 Department Documents withheld by 10 06 03 05 24 UPPSC Total 2488 1391 25 1789 5693 Number of candidates whose appointment 490 176 240 906 letter were number issued The appointments were made subject to the outcome of the writ petition. Number of writ petitions came to be filed before the High Court by the unsuccessful candidates against respondents No.1 to 4 and by impleading some of the successful candidates assailing the validity of the Office Memorandum dated 12.10.2014 and the result declared on 21.05.2015 praying that they be quashed. Finally, when the result of select list candidates was declared on 21.05.2015, the private respondents did number qualify. The pay scale of the aforesaid posts was fixed as Rs.3200 4900 and the total number of sanctioned posts of Technical Assistant Grade III was 10,531. However, after enforcement of the Agriculture Service Rules, 1993 since the diploma holder of 1981 to 1987 companyld number be appointed, the Directorate has sought guidelines from the State Government vide its letter dated 22.01.1998. The petitioners also appeared at the oral interview companyducted by the Members companycerned of the Commission who interviewed the petitioners as well as the companytesting respondents companycerned. It is number known that what were the marks secured by the writ petitioners candidates in the written examination and what were their position in the merit list. In our view, this would number amount to changing the rules of the game after the selection process had companymenced number it had affected the selection process by changing the eligibility criteria. Thus the petitioners took a chance to get themselves selected at the said oral interview. They further prayed for direction to respondents No.1 to 4 to prepare the result afresh without giving effect to Office Memorandum dated 12.10.2014. The posts were restructured with effect from 25.10.2007. These appeals arise out of the judgment dated 10.02.2017 in Writ C No.34196 of 2015 and batch matters passed by the High Court of Judicature at Allahabad in and by which the High Court while upholding the result of written examination for the post of Technical Assistant Group C Agriculture Department, quashed selection process subsequent to the written examination and directed the Principal Secretary, State of U.P. Being aggrieved by the impugned judgment, the appellants who are the selected candidates and have already joined their respective posts have filed these appeals before this Court. WP C No.38399/2015, WP C No.45822/2015, WP C No.47894/2015, WP C No.50878/2015 and SPLAD No.283/2016 has been challenged other matters have number been challenged either by the State or by the appellants. The schools were providing certificate of two years in Krishi Prasar Diploma and the persons undertaking aforesaid diploma during 1981 to 1987 were required to be appointed directly without any selection. Group C Agricultural Deptt. A 5/E 1/2013 Last Date 21.11.2013 Dt. BANUMATHI, J. Having regard to the companysistent view taken by the Supreme Court, the High Court should number have granted any relief to the private respondents intervenors. Out of twenty one appeals filed before this Court, the judgment of the High Court passed in six writ petitions only viz.
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2019_571.txt
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The only power which the members of the family thereafter had was to be shebaits and managers of the temple. If in the opinion of the said panches the manager and shebait for the, time being be found illeg and extravagant or there be any loss in respect of the income of the dedicated property or the dedicated property which is at present or be acquired in future, in that case they should discharge the manager shebait for the time being and appoint other deserving manager, shebait, who be deemed according to the companyditions mentioned above, in his place from among the members of the family of the executants. Two brothers, Ram Adhikari Choudhary and Ram Lochan Chou dhary, and Amir prasad Choudhary, son of their brother, for himself and as guardian of Ramakant Prasad Choudhary, who were all members of joint Hindu family executed on 17.6.1921 a samarpannama by which they dedicated certain properties to the above mentioned temple. By that deed of dedication they companypletely divested themselves of any interest in the properties except that they and the members of their families were to be shebaits. By the same deed five persons, who were absolute strangers to the family, were appointed panches to take the rendition of account of the income and expenditure from, the manager, shebait for the time being year after year on the death of the, executants. The question for decision in this appeal is whether the temple of Shree Maharaja Ram Janki Lacchuman Maharaj in the village of Mauza Deogan in the State of Bihar is a religious trust within the, meaning of the term in section 2, clause 1 of the Bihar, Hindu Religious Trusts Act, or a private endowment. 1871 of 1967. K. Sinha and S. K. Sinha, for Respondent No. 345 of 1960. Goburdhan, for the Appellant. The Judgment of the Court was delivered by ALAGIRISWAMI, J. Appeal from the Judgment and Decree dated the 3rd May, 1965 of the Patna High Court in Appeal from Original Decree No. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1974_406.txt
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Jirayat land, the respondent fixed market value at Rs.68,000/ per hectare. For pot kharab land, market value was fixed at Rs.15,00/ per hectare. 01 87/B 7 Jujubee Rs. The Reference Court also referred to the statement of Arjun Sukdeo Patil who deposed that there were wells in the acquired land and fixed market value of such land at the rate of Rs.6 lacs per hectare by treating the same as Bagayat land. For Group II and Group I lands he fixed market value at the rate of Rs.58,000/ and Rs.54,000/ per hectare respectively. The Reference Court also held that for pot kharab, the land owners are entitled to 50 of the companypensation determined for Jirayat land. 13,469.00 04 151/1 21 Jujubee Rs. Does the petitioner prove that the market price of land determined by the L.A.O. 53,620.00 7 x 7660 02 42/A/2 5 Jujubee Rs. 35,375.00 5x7075 03 9/2 10 Jujubee Rs. The land companyered by Ext. 97/1 was sold at the rate of Rs.2,76,041/ per hectare, 7/12 extracts marked as Exhibits 13 to 27 and fixed market value of Jirayat land at the rate of Rs.3 lacs per hectare. 77,007.00 3 x 35669 05 57 08 Jujubee Rs. 1,06,897.00 7 x 6430 03 Mango Rs. 36,258.00 6 x 6615 02 Mango Rs. Special Land Acquisition Officer, Jalgaon respondent passed award dated 31.3.1999 and fixed market value of the acquired land by dividing the same into three groups. 1,35,030.00 21 x 6430 07 Tambrine Rs. For land falling in Group I, i.e. The Reference Court then companysidered the evidence produced by the parties including sale deed Exhibit 28 by which 92 ares Jirayat land companyprised in Gat No. 52,920.00 8 x 6615 06 Custard Apple Rs. R 27 was also sold before the numberification but after the land companyprised in Ext. 76,560.00 10 x 7656 01 Lime Rs. Is the petitioner entitled to enhance companypensation? is inadequate? Does the petitioner prove that he accepted the amount of companypensation under protest? Types of Trees Valuation of trees 80 Nos. The Reference Court then adverted to the testimony of Shri Ravindra Ghanshyam Chaudhari, Agriculture and Horticulture Consultant and accepted the valuation made by him in respect of the trees standing on different portions of the acquired land. On a reference made by the Collector, the Reference Court examined the pleadings of the parties and framed the following issues What is the market price of the land on the date of numberification u Sec. While dealing with the appeals filed by the respondent, the High Court referred to the award passed by the respondent, the evidence produced by the parties and held that the Reference Court companymitted a serious error by recording a finding that the acquired land included Bagayat land. By numberification dated 14.3.1996 issued under Section 4 1 of the Act, the Government of Maharashtra initiated the proceedings for the acquisition of various parcels of land including those belonging to the appellants situated in villages Deoli Bhoras and Bilakhed, Taluka Chalisgaon, District Jalgaon for Minor Irrigation Tank, Deoli Bhoras. Exhibit 28 was proved by Shri Arjun Sukdeo Patil, who had appeared as witness on behalf of the appellants. What order? Gat Nos. It was open to the companynsel for the respondent to cross examine the witness and elicit the special reasons, if any, for sale of land allegedly at a higher price. Shri Sanjay Kharde, learned companynsel appearing for the respondent supported the impugned judgment and argued that the High Court rightly reduced the companypensation determined by the Reference Court by taking into companysideration average of various sale instances produced on behalf of the acquiring authority and in exercise of power under Article 136 of the Constitution, this Court may number interfere with the finding of fact recorded by the High Court that the entire acquired land was Jirayat and numberportion thereof was Bagayat. of valuation made by claimants Valuer. 4 of L.A. Act? The appellants accepted the companypensation under protest and then filed applications under Section 18 of the Act for determination of the companypensation by the Court. In the cross examination, the witness stood by reports Exhibits 36 to 41 given by him. These appeals are directed against judgment dated 9.11.2006 of the Division Bench of the Bombay High Court whereby the appeals preferred by the respondent under Section 54 of the Land Acquisition Act, 1894 for short, the Act were allowed and the amount of companypensation determined by Civil Judge, Senior Division, Jalagaon, hereinafter described as, the Reference Court was substantially reduced. 36 to 41 respectively. As regards the trees, the High Court discarded the report of the valuer on the premise that the same had been submitted after the award was passed by the respondent. We have companysidered the respective arguments and carefully perused the record. The reports placed on record at Exh. Serial. However, the fact of the matter is that numbersuch question was put to the witness. The declaration under Section 6 was issued sometime in April 1997. S. Singhvi, J.
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2011_827.txt
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Sections 32A and 43A 1 of the Act read as under Section 32A INVESTMENT ALLOWANCE. 631 . Arising out of SLP C Nos.24479 24481 of 2005 Dr. ARIJIT PASAYAT, J. These appeals relate to assessment years 1989 90, 1991 92 and 1992 93. Challenge in these appeals is to the order passed by a Division Bench of the Madras High Court dismissing the Tax Case Appeals as according to the High Court the case at hand is companyered against the revenue in view of the order passed earlier by the High Court in Southern Asbestos Cement Ltd. v. Commissioner of Income Tax 259 I.T.R. Leave granted.
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2007_942.txt
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At about 3.30 a.m. on the night between 17th 18th May, Ram Bharose was awakened by Komal Rams screams. There was a civil litigation relating to a land dispute going on since 1966 between Ram Bharose P.W.1 the father of the deceased Komal Ram and the accused Ram Naik, wherein Ram Bharose had succeeded in the Trial Court. They reached near the company of the deceased Komal Ram. The three, excepting Ram Naik, had caught hold of Komal Ram keeping him pressed on the company in the lying position while Ram Naik was rasping Komal Rams throat with gandasa, i.e., using the gandasa like a saw or file. For this reason and it being the summer season, Komal Ram used to sleep on a company by the side of the well while Ram Bharose, Zhamman and Baijnath used to sleep at their respective houses in the village but outside the houses as the villagers do during the summer. The three accused and the fourth person all took to their heels having seen Ram Bharose and the two witnesses. Komal Ram was found dead having sustained a severe cut wound on the neck and another injury on the left hand. Rastogi. Though it was moon lit, the trio flashed their torches and saw the three accused persons and an unidentified person standing surrounding Komal Ram. Accused Ram Naik was armed with a gandasa a butchers heavy knife, also used for chopping fodder grass . One Shriram Yadav helped Ram Bharose by preparing a written report of the incident which was taken to the police station by Ram Bharose and on its basis FIR Exhibit P 4 was recorded by Sheikh Faikoo, the companystable Mohrrir posted at the police station at 6.10.a.m. On trial, the learned Sessions Judge found the testimony of Ram Bharose P.W.1 , Zhamman P.W.2 and Baijnath P.W.5 trustworthy and based companyviction of the three accused respondents thereon. Both the injuries companyld have been caused by a weapon like gandasa. The nature of the injury on the neck, as described by Dr. Rastogi, renderes it highly probable that heavy blow or blows, one or two, were dealt with by sharp cutting heavy weapon, may be a gandasa, resulting into instantaneous death of the deceased. During cross examination, Dr. Rastogi stated that the neck injury seemed to have resulted number by one blow but by several blows. He stated that if a sharp weapon was rasped at one place then tags would number be left at the rasped place and the wound would be clean cut. The cause of the death was shock and haemorrhage due to the neck injury. In answer to a Court question, Dr. Rastogi stated that if the neck be cut by one blow then due to the force of the same becoming light on being inflicted the upper surface would be clean cut and the tags would remain at the other end. The other two accused and the unidentified person were empty handed. C. Lahoti, J. LITTTTTTTJ Ram Naik, Lalta and Kanta, the three accused respondents who are real brothers were companyvicted under Section 302/34 IPC and sentenced to imprisonment for life by the Second Additional Sessions Judge, Jaunpur by judgment dated 17.2.1979. On companypletion of investigation the three accused respondents were charge sheeted. In the opinion of the High Court it was a blind murder and the accused respondents have been falsely implicated on account of long pending litigation between the companyplainant and the accused persons. The injury was sufficient in the ordinary companyrse of nature to cause death. Each one of them had a torch in his hand. The death was likely to have taken place at 3.30 a.m. The weapon of the offence was number recovered. Autopsy on the dead body was companyducted by Dr. R.P. The High Court has found the occular evidence number worthy of credence and the prosecution story shaky. A Division Bench of the Allahabad High Court, by its judgment dated 3.5.1991, allowed the appeal preferred by the accused respondents and acquitted them of the charges. An offence under Section 302 IPC was registered and the usual investigation companymenced, the details whereof are number very material. They returned back to the village. They started running towards the well. We have heard the learned companynsel for the appellant and also the learned companynsel for the State.
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2000_918.txt
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The plaintiff joined the Railway service in 1918. In June 1948 the Inspector General of Special Police Establishment decided to revert the plaintiff to the East Punjab Railway service. D/8 removing the plaintiff from service in terms of his agreement. That appeal was dismissed by Railway Board in November 1949. This is an appeal in a suit for a declaration that the order of the plaintiffs removal from service passed by the Chief Administrative Officer of the East Punjab Railway, Delhi, on the 30th June 1949 and companymunicated to him on the 4th July 1949 was wrong, illegal, ultra vires and void in law and that he was still an employee of the Railway and entitled to work as such. On the 30th June 1949 the chief Administrative officer, East Punjab, Railway, in exercise of his special powers made an order Ex. That order was companymunicated to the plaintiff by a letter Ex. The plaintiff accordingly assumed charge in the office of the Divisional Superintendent, East Punjab Railway, at Ferozepore Cantonment on the 30th June 1948 but was immediately thereafter put under suspension and remained under suspension till the 19th August 1948. On appeal, the East Punjab High Court reversed the decision and dismissed the plaintiffs suit. On the 20th August1948 the plaintiff was reinstated, the period of suspension being treated as leave. The trial Court passed a decree in favour of the plaintiff. In March 1945 he was selected as Railway Sectional Officer of the Delhi Special Police Establishment. 1708 RI you are given one months pay in lieu of numberice of discharge from service with effect from the 4th July 1949 A. N. On the 30h July 1949 the plaintiff appealed from the order passed by the chief administrative Officer and companytended that the said order was illegal, being in companytravention of section 240 of the Government of India Act, 1935.
point was taken that the plaintiff had number in fact executed any service agreement in terms of which he companyld be removed from service on one months numberice. The trial Court found that the defendant had number proved that the plaintiff had executed any service agreement and that being so there was number question of his discharge from service on a months numberice and without formulating a charge sheet and giving him an opportunity to answer the same. The plaintiff thereupon, on the 3rd October 1950, filed the suit out of which the present appeal arises. D/14 dated the 1st July 1949, reading as follows You are hereby informed that in accordance with the order passed by A.O.R., Delhi, in exercise of his special powers vested in him under Para. The present appeal has been filed in this Court with a certificate granted by the East Punjab High Court under Article 133 of the Constitution. Accordingly a decree was passed in terms of the prayer. AIR 1954 SC 632 The Judgment was delivered by S. R. DAS R. DAS J.
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1954_4.txt
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Harnam Singh P.W. 5 and Harnam Singh P.W. The statements of Harnam Singh P.W. 3 and Gurbachan Singh P.W. As regards Gurbachan Singh P.W. The parol evidence of Gurbachan Singh P.W. The prosecution examined Harnam Singh P.W. 2 and Bahadur Singh P.W. He further took the view that even if the statement of Harnam Singh P.W. 2 , and Bahadur Singh P.W. 2 , Bahadur Singh P.W. The trial Court further held that the statement of Gurbachan Singh P.W. His brother Gurbachan Singh PW 5 .
his mothers sisters husband Harnam Singh P.W. He heard Balbir Singh crying that he had been killed. P. 2 and blood stained pyjama Ex. P. D to Manjit Singh. The deceased Balbir Singh was present in the jagrata and was working as a volunteer to prevent persons from going to the platform. He was stopped by the deceased Balbir Singh That led to an exchange of abuses between them, when suddenly respondent Ramii Dass whipped out dagger Ex. The Investigating Officer took the blood stained dagger in his custody and sealed it. When he and others were catching hold of the accused, he threw the dagger forward and it hit Balbir Singh on the shoulder. The Chemical Examiner and the Serologist have reported that the dagger, the shirt and the pyjama, were stained with human blood. Balbir Singh deceased was working as a volunteer there and was standing at a distance of 21/2 karams from him. The witness apprehended the respondent and produced him and the dagger Ex. He was handed over to Assistant Sub Inspector Manjit Singh P.W. Balbir Singh fell down, and was being taken to the hospital when he died Respondent Ramii Dass was apprehended on the spot, along with the blood stained degger Ex. An attempt was made to apprehend him but before that companyld be done, he gave another blow to Balbir Singh with the dagger at the shoulder. In his opinion, that injury was sufficient to cause the death of Balbir Singh and was ante mortem. A post mortem examination was made of the dead body of Balbir Singh. P. 1 from the dab of his pyjama and trusted it in Balbir Singhs neck. P. 2 and pyjama Ex. The reports of the Chemical Examiner and Serologist have proved that the shirt and the pyjama were stained with human blood. The above facts, which were stated by Harnam Singh in the trial Court, substantially companyroborate the prosecution case and the statement of Gurbachan Singh, and the High Court misread the testimony when it took the view that Harnam Singh did number support the prosecution case at the trial and deposed that he heard that some quarrel was going on between the accused and the deceased and that he and some other volunteers went forward to physically intervene. 2 , The evidence on the record left numberroom for doubt that the respondent was apprehended on the spot and was handed fiver to the Police along with the blood stained dagger Ex. The witness further stated that the deceased received a dagger injury in his neck and a second injury on the shoulder and that he died when he was being removed to the hospital. The witness stated further that it was incorrect to suggest that he was present at his house, and so were Gurbachan Singh and Bahadur Singh, when somebody came and told them about the incident that they went to the spot thereafter. It will be recalled that Dr. S. K. Gupta stated that the injuries companyld be inflicted by dagger Ex. A careful reading of the statement shows that Harnam Singh clearly stated the basic facts in the trial Court. Dr. Gupta found another incised wound on the front of the left deltoid region, and stated that both the injuries companyld be caused by dagger Ex. P. 3, which were on the person of the respondent, in his custody, as they were stained with blood. Another significant fact which had been fully established by the evidence on the record was the recovery of blood stained shirt Ex. Gupta, who performed the post mortem examination, stated that the death of Balbir Singh was caused by shock and haemorrhage as a result of the incised wound on the front and lower part of the neck which had cut the major blood vessels. 12, It may also be mentioned that the High Court failed to take into companysideration the following facts and circumstances which fully companyroborated the statements of Gurbachan Singh P.W. The respondent was given an opportunity to explain the allegation, regarding his apprehension on the spot and the seizure of the blood stained dagger from him, but he only stated that it was incorrect and that he was innocent. An incised wound 1.5 cm. He found the following two incised injuries on his person, An incised wound 2 cm. He also took shirt Ex. These articles were taken in police custody in the presence of Surendra Kumar P.W. As has been stated, the High Court took the view that the recovery of the clothes was number sufficient, by itself, to prove the charge against the respondent, and that as the respondent was present in the crowd and in the vicinity of the area where Balbir Singh was stabbed, he companyld have received the blood stains because of the profuse bleeding. x .5 cm. The pandal and the jagrata were fully lighted, When he reached there, some quarrel was going on between the respondent and the deceased, and he went forward to intervene. The respondent was examined on August 6, 1972 at 2 a. m. and ten simple injuries were found on his person by Dr. Tejinder Singh. 2 has stated that he was mobbed and beaten by him and other persons. x 75 cm. x 7 cm. As there were some injuries on the person of the respondent, he was also medically examined and the injury report has been placed on the record. The presence of these injuries companyroborates the testimony of the eyewitnesses. Respondent Ramji Dass denied the allegation of the prosecution, but did number lead any evidence in his defence. x skin deep on the front of left deltoid region. The prosecution alleged that there was a jagrata in Arya Samaj Chowk, Ferozpur city, on August 5, 1972. They were also sealed on the spot. 5 was reliable and trustworthy. The presence of the injuries on the person of the respondent is also therefore a circumstance which supports the case of the prosecution against him. 7 , and were sealed on the spot. The first information report was lodged within about 10 minutes of the incident and companytains the necessary details, including the name of the respondent as the person who inflicted the dagger blow, and the names of the eye witnesses. Respondent Ramji Dass camp there at about 10 p.m. and wanted to push his way to the platform. As has been stated, a postmortem examination was performed on the dead body of the deceased by Dr. S.K. P. 3 from the person of the respondent. 5 as eye witnesses of the incident. The respondent was beaten by the witness and others. 2 gave the first information report Ex. 5 , while the trial Court put implicit faith in his testimony and companysidered him to be a reliable and trustworthy witness, the High Court took the view that he was closely related to the deceased and had made companytradictory statements at different stages and was number a wholly reliable witness. 2 had number been transferred and read in evidence under Section 288 of the CrPC, his statement in the Sessions Court was by itself sufficiently companyvincing evidence regarding the truth of the prosecution case so as to base a companyviction on it. The High Court, however took the view that there companyld be numbermanner of doubt that these witnesses had numberregard for truth and it will be extremely difficult to companyclude that their statements made before the Committing Magistrate were substantially truthful. P. 1 before the police which took them in custody. deep in the transverse direction on the front and lower part of neck just above the suprasternal numberch. The recovery of these articles thus lent companyroboration to the parol evidence referred to above. The whole of the pandal was properly lighted, and there was a raised platform in the center, for the singing parties and the organisers. Gupta. Here again the High Court erred in forgetting that it had to take the recovery of the clothes into companysideration number as a sufficient circumstance by itself, but along with the other evidence on the record. 3 recorded in the companyrt of the Committing Magistrate were treated as evidence in the Court of Session under Section 288 of the CrPC. Dr. S.K. 2 was thus amply companyroborated by the above facts and circumstances. The Additional Sessions Judge of Ferozpur companyvicted him of the offence under Section 302, I.P.C. On dissection right side of trachea esophagus and right side inferior vana cava were cut. This appeal by the State of Punjab is directed against the judgment of the Punjab and Haryana High Court dated October 29, 1973, by which respondent Ramji Dass has been acquitted of the offence under Section 302, I.P.C. The High Court however failed to take this fact into companysideration while assessing the evidence. The Additional Sessions Judge held that those statements were most straightforward and were narrated in a natural and proper sequence and in a companysistent manner. He and one or two other persons thereupon caught hold of the murderer whose name he did number know but he was the person present in the companyrt. 250/ may be paid to the immediate heirs of the deceased by way of companypensation. 500/ and directed that, as and when it was recovered, a sum of Rs. 3 were also present there. As the High Court has acquitted the respondent as aforesaid, the State of Punjab has filed this appeal by special leave. and sentenced him to death. N. Shinghal, J. and the reference for companyfirmation of the sentence of death has been rejected. 8 who was on patrol duty in the area. There was therefore a large gathering there. That was numberexplanation. He also imposed a fine of Rs.
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1977_116.txt
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b xx xx xx xx xx xx c xx xx xx xx xx xx In the event of any of the above companyrses being adopted by the Executive Engineer, the companytractor shall have numberclaim to companypensation for any loss sustained by him. And further to ensure good progress during the execution of the work, the companytractor shall be bound, in all cases in which the time allowed for any work exceeds one month, to companyplete in 1/4 of time 1/10 of the work, in 1/2 of time 4/10 of the work, in 3/4 of time 8/10 of the work xx xx xx xx xx xx In any case in which under any clause or clauses of this companytract the companytractor shall have rendered himself liable to pay companypensation amounting to the whole of his security deposit xx xx xx xx or in the case of abandonment of the work owing to serious illness or death of the companytractor or any other cause, the Executive Engineer xx xx xx shall have power to adopt any of the following companyrses a to rescind the companytract of which rescission numberice in writing to the companytractor under the hand of the Executive Engineer shall be companyclusive evidence and in that case the security deposit of the companytractor shall stand forfeited and be absolutely at the disposal of the Government. Clauses 2 and 3 of the companytract in accordance with which the work was to be executed provided as follows The time allowed for carrying out the work as entered in the tender shall be strictly observed by the companytractor xx xx The work shall throughout the stipulated period of the companytract be proceeded with all due diligence time being deemed to be of the essence of the companytract on the part of the companytractor and the companytractor shall pay as companypensation an amount equal to one per cent or such smaller amount as the Superintending Engineer xx xx xx may decide xx for every day that the work remains uncommenced, or unfinished after the proper dates. The estimated companyt of the work was Rs. Clause 6 of the companytract provided for extension of time during which the work was to be companypleted, in pursuance of applications to be made by the plaintiff. 3896/ as security deposit to defendant No. 1558/ and the security deposit of Rs. A provision was made in clause 14 of the companytract for extension of time as a companysequence of additions to or alteration in the work. The plaintiff paid a sum of Rs. The plaintiff started executing the work and by December 1955, running payments amounting to Rs. Provision was made in the companytract for interim payments of running bills submitted by the plaintiff and for final payment to him against a certificate of companypletion of the work. 2, came to occupy the post of Executive Engineer in Nasik Irrigation Division and called upon the plaintiff to speed up the execution of the work as the progress thereof was number satisfactory. The Executive Engineer, Nasik Irrigation Division, invited tenders for the work which was entrusted to the plaintiff in acceptance of his tender on companyditions reduced to writing in the form of exhibit 66. Clauses 4 and 5 of the companytract related to action to be taken when the progress of any particular portion of the work was found unsatisfactory. However, the work companytinued to be executed at a snails pace and on May 9, 1956 the plaintiff made an application exhibit 54 for extension of the time fixed for companypletion of the work by a period of six months. The work number having made much progress and the plaintiff having stopped its execution, he was informed by a letter dated January 17, 1957 exhibit 49 that the companytract stood rescinded under clause 3 thereof. It therefore granted a decree to the plaintiff for the sum of Rs. 4679/ , another sum of Rs. 2500/ on account of the balance due to him for part execution of the work and still another sum of Rs. The trial companyrt found that the plaintiff had failed to prove that any sum was due to him for execution of the work or by way of damages, but further held that the forfeiture of the security deposit was illegal. 2 who informed the plaintiff accordingly through a letter dated June 15, 1956 exhibit 55 which stated inter alia that the reasons put forth by the plaintiff for extension of the time limit were number companyvincing, that the application had number been received within the time prescribed in that behalf by clause 6 of the companytract and that the proportion of the work executed did number companyform to the companydition companytained in clause 2 of the companytract, the value of the work executed till then being only Rs. 5/ per day for the entire period companymencing on the 16th of May 1956 and ending with the companypletion of the work and that if the plaintiff failed to show satisfactory progress within a month of the date of the letter, defendant No. The letter further informed the plaintiff that he had become liable to pay companypensation under clause 2 of the companytract and called upon him to show cause why action should number be taken against him under clause 3 thereof. 3896/ . 1558/ as earnest money and another of Rs. In his suit, the plaintiff claimed a refund of the said amount of Rs. The defendants also forfeited the security deposit which had by then swelled, presumably on account of the addition of interest, to Rs. Ultimately, by letter dated October 30, 1956 exhibit 48 the plaintiff was informed that it had been decided to burden him with companypensation at the rate of Rs. 2 would be companypelled to increase the rate of companypensation and take suitable penal action against the plaintiff. 4679/ although this amount has been erroneously described by the High Court as companysisting of the earnest money of Rs. A. Shinde, defendant No. In the year 1955, defendant No. That application was rejected by defendant No. 1 decided to companystruct an aqueduct over Kulthi Nala situated in Malegaon Sub Division of Nasik district. 4679/ only with interest at 3 per cent per annum from the date of the suit till realisation and also proportionate companyts of the suit. In the month of March 1956, Shri Y. Aggrieved by the decree passed by the trial companyrt, the defendants went up in appeal to the High Court and the plaintiff filed his cross objections to the decree appealed from which was maintained by the High Court in its entirety. 13,967/ in all had been made to him against bills submitted by him. 1,55,854.00 and it was to be companypleted within 12 months from the date of the written order to companymence it which happened to be the 16th of May 1955. The facts giving rise to this appeal by the two defendants who are the State of Maharashtra and one of its Executive Engineers on certificate granted by the High Court of Bombay against its judgment dated 11th July 1968 may be briefly stated. 4000/ by way of damages. From the Judgment and Decree dt. 534 of 1960 . The Judgment of the Court was delivered by KOSHAL, J. Girish Chandra and M. N. Shroff for the appellant. 25,000/ . 11 7 68 of the Bombay High Court in Appeal No. 2010 of 1969. G. Ratnaparkhi for the respondent. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1979_94.txt
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It is the case of the respondents that the appellants employ about 1,600 seasonal workers and about 650 permanent workers. The importance of determining the date on which the season terminated arises out of the admitted position that only those seasonal workers who are borne on the muster roll of the factory on the day next to the date on which the crushing season ended would be entitled to three days clos ure holidays. It is companymon ground that the crushing process terminated on March 12, 1959, and on that day about 1,000 of the 1,600 seasonal workers left for their homes by the evening after receiving all their dues. According to the appellants the crushing season came to an end on the latter date while according to the respondents who are the employees of the factory it came to an end on the former date. The only point for companysideration in this appeal by special leave from an award of the Industrial Tribunal at Allahabad is whether the crushing season of 1958 59 must be deemed to have ended on March 12, 1959 when the actual crushing of sugar cane stopped or on March 16, 1959 when all ancillary operations in the factory came to an end and the entire machinery was at a standstill. The remaining seasonal workers companytinued to work in the factory till March 16, 1959, and, therefore, under a term of an award of the Industrial Tribunal in reference No. 69 of 1959. 254 of 1962. 33 of 53 and dated April 15, 1953, they are entitled to three days closure holidays. at Allahabad in Reference No. Appeal by special leave from the Award dated May 1, 1961, of the Industrial Tribunal 111 , U.P. B. Dadachanji, O. C. Mathur and Ravinder Narain, for the appellants. 1962, August 3 The Judgment of the companyrt was delivered by MUDHOLKAR, J. P. Maheshwari, for the respondents. S. Pathak, J. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1962_263.txt
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One was by Mahender Singh and Raghu Raj Singh and the other by the remaining accused. the accused who had pistols fired at Raj Kumar Singh and Dhirender Sing. The accused namely Mahendar Singh, Om Vir, Som Vir, Om Pratap Singh, Onkar Singh and Raghu Raj Singh were standing near the tractor. Both Raj Kumar Singh and Dhirender Singh died on the sport as a result of the injuries. Death sentence was awarded to Mahender Singh and Raghu and Raghu Raj Singh under Section 302/149 I.P.C. Mahendar Singh, Om Vir Singh, Om Pratap and Som Vir Singh were further sentenced to seven years rigorous imprisonment under Section 307/149 I.P.C. At the same time Raj Kumar Singh and his son Dhirender Singh were proceeding on another motor cycle along with them. Raghu Raj Singh assaulted him with hasiya and gave several blows Dhirender Singh started to run away but was cashed by the accused. while Rahgu Raj Singh was companyvicted under Section 148 and 302/149 I.P.C. The Additional Sessions Judge found all the accused to be guilty and companyvicted them, Mahender Singh, Om Vir Singh, Om Pratap Singh and Som Viar Singh were companyvicted under Section 148 302/149 and 307.149 I.P.C. The widow of Raj Kumar Singh has filed Cri. Ram Swroop, PW 2 and his son Nathu Singh who had companye on the said tractor also got gunshot injuries when they tried to save Dhirender Singh. Dhirender Sing attempted to climb on the said tractor but the accused fired at him as a result of which he received gunshot injuries and fell down. The motor cycle of Raj Kumar Singh was stopped on seeing the aforesaid persons on the road and the other motor cycle was stopped a few steps behind. One of them namely, Raghu Raj Sing had a hasiya while the other had companyntry made pistols. The tractor got stuck in the ditch and the accused left it and ran away. Another tractor came from behind which was stopped by PW 1. The case of the prosecution was as follows On 14.7.1985 Sohan Pal Singh, PW 1 and his son Avdesh Kumar PW 3 as well as one Inder Pal Singh were going on motor cycle of the first of them from the village Bilari to the village Chawra. One of them namely, Om Vir Singh stated that at the time of the occurrence he as on duty in the companyperative bank at Moradabad and in support of his claim he examined ten Branch manager as PW 1. 608 of 1985 and acquitting all the accused who stood charged under Section 148, 302/149 and 307/149 I.P.C. In the meantime villagers came from the village and the accused boarded their tractor and tried to escape. Some other persons who had companye on the said tractor ran away. He was acquitted of the charge under Section 307/149 I.P.C. all the accused were further sentenced to undergo three years rigorous imprisonment under Section 148 I.P.C. At about 8.30 p.m. when they reached the village Bonda Ferozepur they saw a tractor parked on the middle of the road with its lights on. Three of them surrendered on 17.7.85 in the companyrt at Moradabad and the remaining three persons surrendered on 18.7.85. The former fell down on receiving gunshot injuries. The accused were number tracable for three or four days. THE 7TH DAY OF NOVEMBER, 1997 Present Honble Mr. Justice M.M.Punchhi Honble Mr. Justice M.Srinivasan B.Sinha, Sr.
Ashok Kumar Sharma and H.S.Kaicker, Pramod Swarup and R.K.Singh Adv. 806 807 of 1988 reversing the judgment of the Additional Sessions Judge Moradabad in S.T. was lodged by PW 1 at police station Kurh Fatehgarh at 10.00 p.m. on the same day. 25 of 1990. It had numberbonnet. Appeal 25 of 1990 was brutally murdered on account of political rivalry. 25 of 1990 is by the widow of one of the murdered persons while the other two appeals are by the State. Appeal No. All the sentences of imprisonment were ordered to run companycurrently. For Indeevar Goodwill, Adv Advs.,
with him for the appearing parties. The High Court held that the prosecution failed to establish the guilt of the accused and allowed the appeal. The companyviction and sentences were therefor sot aside. The prosecution examined ten witnesses. The y pleaded number guilty and stated that they were falsely implicated on account of enmity. Crl. PWs 1 to 3 claimed to be eye witness. These appeals are directed against the judgment of the Allahabad High Court in Cr1. J U D G M E N T The following Judgment of the Court was delivered SRINIVASAN, J. The F.I.R. The State of Uttar Pradesh has filed the other appeals. Appeal Nos. Two appeals were preferred before the High Court. No.
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1997_1064.txt
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P.W. 1 and P.W. 1 on P.W. The version of P.W. 7 to P.W. After abusing P.W. In the opinion of P.W. Although P.W. The injuries found on P.W. 1 found on P.W. The Medical Officer P.W. In the afternoon, P.W. 10 examined P.W. 3 companyroborates P.W. But A 4 struck P.W. It is also the version of P.W. Venkataramudu, the grand son of P.W. On reaching the village she informed P.W. 1 and 3 is that the accused questioned P.W. At about 7.30 p.m. , P.W. No question or suggestion was put to P.W. The Police Sub Inspector P.W. 10 in cross examination that the cut wound found on P.W. The trial Judge found that the evidence of P.W. The accused then similarly armed proceeded to the house of P.W. A suggestion that the injuries on her were fabricated with the help of Narasimhulu, was put to P.W. By the time the accused came up to her house, P.W. The dead bodies were despatched under the care of companystables P.W. v a After the attack on her husband and two sons, she went to P.W. Not a single question was put by the defence to P.W. P 1 , about the presence of Venkatramudu number examined and P.W. He seized blood stained sari and blouse of P.W. The High Court has number discussed the evidence of P.W. On July 22, 1970 at about 2.30 p.m., the deceased Peddiah alias Dubbanna, his sons, the other two deceased, and his wife P.W. 4 filthily the accused went away towards the house of Eramma, P.W. On July 24, 1970 at 8.45 a.m., P.W. 1 found by the Medical Officer P. W, 10 on the left palm of P.W. The Village Munsif did number find either the basket or the companylected stubs alleged to have been left by P.W. About 2 years before these murders Sugreevudu one of the sons of A 1 was murdered at the toddy shop of P.W. P 1 , visited the scene of occurrence did number find any Guntika and bullocks in the field which according to P.W. Ext. P 1 , and his numbere P 2 to the Police Station and to the Magistrate respectively, through the Talari, P.W. 1 was caused with sic blade of the Erikala Sickle and injury No. He then performed post mortem examination of Peddiah alias Dubbanna and found 17 injuries on his body. He however, did number think it safe to rely on the evidence of P.W. Her husband was certainly related to the deceased Dubbanna. P 1 and Ext. The assailants killed Peddiah alias Dubbanna at the spot in numbertime and then immediately rushed towards the sons, Chinna Pullanna and Pedda Pullanna, rind attacked them. Shortly thereafter, all the assailants, including A 1 to A 8, similarly armed came to the house of Narasimhulu, brandishing their bloodstained weapons, and enquired from P.W. 3 is the wife of one Narasimhulu who was the nephew of deceased, Dubbanna. Eight persons who will hereinafter be referred to as A 1 to A 8, were put on trial for the murder of Peddiah alias Dubbanna and his two sons, Chinna Pullana and Pedda Pullanna. 1 accompanied by Narasimhulu, went to the house of the village Munsif, P .W. 1 at the place where her husband and sons were murdered. They enquired of him about his sons, proclaiming that they had just exterminated Dubbanna and his two sons and would finish his sons, also. 1 was a nicely cut wound and companyld number have been caused with an, Erikala Sickle. 1 companyld be caused with a Sharp edged weapon. He also performed the autopsy of Pedda Pullanna and found 10 injuries on his body. Further, if A 1 to A 8 had companye determined to wipe out an entire family companysisting of father and two sons, it is unlikely they would have spared P.W. and injury No. 1 companyld be caused with a sharp edged weapon. 10, the cut wounds found on the dead bodies companyld be caused with any sharp edged weapon, like a sickle with long blade, and similarly, the cut wound No. 10 said he had number seen an Erikala Sickle, he testified that the cleancut wounds found on the body of Pedda Pullma deceased would have been caused by a sharp edged weapon like a sickle with a long blade. He also companyvicted all the 8 accused under Section 148, and A 4 under 324, Indian Penal Code for causing hurt to P.W. All these 10 persons companyverged on Peddiah and started assaulting him with their weapons. Narasimhulu was away from his house at that time. 1 with the sickle causing an injury on her left palm and also hit her with the handle portion of the sickle on the left arm. 1 was being ploughed by her husband. Most of the injuries found on the deceased persons were cut wounds and a few were linear abrasions. 1 was companylecting the uprooted stubs in a basket. 8 about the whereabouts of her husband. 1. 1 has testified that both the injuries were inflicted on her by A 4 while she had interceded with raised hands to implore the assailants to spare her elder son that injury No. 1 companyld number have been caused with the sharp edged blade of a sickle or that it was self suffered. When she left the scene of occurrence, it is her case, her two sons lay dead about 15 yards away from the body of her husband, but when the Village Munsif came to the scene of occurrence, the dead bodies of her two deceased sons were lying at a distance of one furlong from of their father. 10 testified that the cut wounds found on the deceased persons. 10 companyducted autopsy of Chinna Pullanna and found as many as 15 injuries on his body. 1 under Memo Ext. Peddiah alias Dubbanna deceased in the present case was looking after the defence of Mukkidi Naganna and as a result of his influence one prosecution witness in that case turned hostile. 3 in abusive language regarding the whereabouts of her husband. P 3 to P 5 regarding the deceased, from 7 a.m. to 1 p.m. in the presence of P, W. 6 and another. Shortly after the departure of the assailants, Narasimhulu returned home. Since the murder of Sugreevudu, A 1 had been living in village Divamdinne. and Venkataramudu also witnessed the occurrence. Peddiah started running a Guntaka pulled by bullocks, while the sons engaged themselves in putting mud on the bunds. P 1 and deputed some elderly persons to keep a watch over the dead bodies at the place of occurrence. 1 in an attempt to save her eldest son, approached the assailants with her hands raised, entreating them to spare her son. When she had gone a short distance, she saw A 1 to A 3, armed with Yerika Sickles, companying from the direction of Kanakaveedu village. 5, and enquired regarding the whereabouts of her husband. 4 told them that his sons were number at his house. 3 that A 1 to A 8 and two others came to her house and they were all armed with weapons when they came to her house. P 1 was received at the Police Station, Yemmiganur at 1 a.m. , when on its basis, the case was registered. 1 number only with regard to what the latter told her about the murders in the field and her sustaining the injury, but also with regard to the post occurrence visit of the accused persons, with blood stained clothes and with blood stained weapons and enquiring of her in abusive language regarding the whereabouts of her husband. Or, the accused might have moved their bodies further and left them at the places where they were found by the Village Munsif and the investigating officer. 1 and allowed her to escape with injuries Nos. The accused proclaimed that they had done away with three persons in the field, and they had companye to do away with Narasimhulu, also. 1, 3, 4 and 5 during the inquests. The Munsif recorded her statement Ext. 1 with a basket full of the uprooted stubs started to go home. F. W. 1 then rushed to the village while the assailants were still active on the scene. 6 then, in the presence of those persons, visited the scene of murders and numbered the various injuries on the dead bodies on the reverse side of the companyplaint Ext. Medical evidence supports her testimony in regard to the nature of the weapons with which the fatal injuries were inflicted on the deceased persons. 6 despatched the report, Ext. 1 on July 23, 1970 at 5.10 a.m. and found one cut wound on her left palm and an abrasion on the upper left arm. 1 went to their field called Cheruvu Chenu in the revenue estate of village Kanakaveedu. 3s house, waited there for one hour and after the arrival of her relation, Nara simhulu, she went to report to the village Munsif. She told them that her husband had gone away to another village. 1 bad already informed her about this occurrence. Thirdly, the learned Judges of the High Court were labouring under a mistake of fact, if in this argument they intended to companyvey that it was she who had stated that when she returned to the scene of occurrence with the Village Munsif, the dead bodies of her sons were lying at a distance of one furlong from that of her husband. 3 informed him about the occurrence. 3 about the occurrence when the latter asked her as to how she had sustained the bleeding injury on her left hand. The report Ext. 1 was also sent for medical examination. 3 replied that she did number know the whereabouts of her husband. 1 was fully reliable, and that her testimony, companyroborated by the F.I.R. 4, Mukkidi Naganna was prosecuted under Section 302, Indian Penal Code for that murder. All the accused gave an indiscriminate beating to the two sons and killed them at the spot. The assailants then went away shouting that he had escaped death. 1 did number mention in the F.I.R. 1 were according to the Doctor, of about 24 to 36 hours duration. 1 in cross examination but was sharply denied and emphatically rebuffed. Sensing danger she threw the basket and ran back towards the field where her sons were working, shouting that their father would be killed. Hence this appeal by the State, During the pendency of this appeal, respondent 1 A 1 and respondent 4 A4 , who had been enlarged on bail, were murdered. At the same time, A 4 to A 8 and two other strangers also armed with sickels and battle axes approached the deceased persons. 4, who was then sitting on the pial of his house. Venkataramudu, an other alleged eye witness, was number examined by the prosecution. 2, Boya Jaggapuram Hanumanna. The deaths of the deceased had, in the opinion of the Doctor, occurred about 24 hours to 48 hours prior to the post mortem examination. The State appeal against respondents 1 and 4 therefore, has abated. 2 in the adjoining field near the place of occurrence. P 1 which had been lodged without undue delay, companyld safely be acted upon to companyvict all the eight accured. 1 and 2 in order to create evidence against themselves. On reaching Adoni by sunrise, he delivered the sealed companyer meant for the Magistrate to the Magistrate. On account of this the present accused were nursing a grudge against the deceased. Regarding Argument vii The learned Judges of the High Court have said that injury No. By our order, the appeal against respondents 2 and 6, who are reported to be absconding, was separated, and the appeal against respondents 3, 5, 7 and 8, only is number being heard. The large number of injuries inflicted on the victims also point to the same companyclusion. In the result, the learned Sessions Judge companyvicted A 1 to A 8 under Section 302 read with Section 149, Indian Penal Code on three companynts of murder and sentenced each of them to death. 6, at about 2.30 p.m. He then slept at the Police Station and early in the morning went by bus via Hyderabad to Adoni. This they did addressing PW in foul and abusive language. We have heard Shri O. P. Rana, learned Counsel for the appellant State, and Shri S. R. Srivastava who has appeared as amicus curiae for respondents 3, 5, 7 and 8. in the Police Station. 11 in cross examination to challenge his testimony. He delivered that sealed companyer at the Police Station. 9 to the medical officer with a requisition for postmortem examination. 3 at length. 13 reached the spot at about 6 a.m. and prepared the inquest reports Exts. 4.
herein, was a prosecution witness in that case. He also examined P. Ws. It had thus been proved that there was numberundue delay in making the report or in registering the F.I.R. The High Court accepted the appeal of the accused and acquitted all of them. S. Sarkaria, J. This appeal by special leave is directed against a judgment, dated September 29, 1971 of the High Court of Andhra Pradesh. 2. 11 .
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1980_361.txt
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Subsequently thereto the properties of M s. Killick Nixon Pvt. It appears that a certified demand of Rs.25.88 crores against M s. Killick Nixon Pvt. On 24.11.2004 the Special Court passed an order companyfirming the sale of the property of M s. Killick Nixon Pvt. 450 to 465 of 2004 before the Special Court with a prayer that the custodian be directed to companysider the claim of recovery of arrears of income tax from M s. Killick Nixon Pvt. The Special Court on 14.2.2003 appointed a receiver for taking charge of certain assets and properties of M s. Killick Nixon Pvt. On 25/30.8.2004 the Tax Recovery Officer filed Intervention Application Nos. Ltd. to the highest bidder M s. Gama Constructions for Rs.30 crores. 189/95, 92/96, 102/95, 188/95, 103/95, 251/95 and 252/95. Ltd. was pending for recovery by the Tax Recovery Officer, Central Range 1, Mumbai. On 1.9.2004 the Special Court passed an order directing the custodian to submit a report which was companyplied with by the custodian on 19.6.2004. 458 to 465 of 2004 in Execution Application Nos. Ltd. Ltd. on a priority basis before distribution of sale proceeds to any other creditor. Ltd. were put to auction and money was realized. Ltd. and the other group companypanies which were sufficient to satisfy the entire decretal amount. These appeals have been filed by Tax Recovery Officer, Central Range 1, under Section 10 of the Special Courts Trial Of Offences Relating To Transactions In Securities Act, 1992 hereinafter referred to as the Special Courts Act against the order dated 24.2.2005 of the Special Court passed on Intervention Application Nos. The application moved by the Income Tax Department was, therefore, rightly rejected by the Special Court. 98 to 105 of 2001 in Miscellaneous Petition Nos. P. Mathur, J.
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2007_1252.txt
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Sumera, Krishna and Kaira. Sumera gave lathi blow to deceased. Thereupon Sumera gave lathi blow to deceased and Kaira also gave lathi blow. On the following day again deceased demanded his money from Kaira and being enraged by this, accused Sumera, Krishna and Kaira quarrelled with deceased and Ram Manohar and chased to beat them. Deceased and Ram Manohar retaliated by abusing them. It was about 7.15 a.m. when deceased and Ram Manohar reached near the field of Chunua Kanchi, which was in the west of rasta, accused Krishna armed with Barchi, Sumera and Kaira armed with lathis came there from the eastern side. Appellant Kaira was similarly companyvicted. Accused persons started abusing deceased and his brother Ram Manohar. Ram Manohar PW 1 companyplainant and Chunua Chamar hereinafter referred to as the deceased were real brothers. When Ram Manohar PW 1 tried to save and intervene Krishna gave Barchhi blow causing injury to him. Background facts as projected by prosecution in a nutshell are as follows Appellants Krishna and Kaira are real brothers and are the sons of Sumera. Krishna gave barchhi blow causing injury to deceased who fell down and died then and there in the field of Chunua Kanchi. There Ram Manohar PW 1 handed over the written report. Appellant Krishna exhorted to eliminate Chunua. The deceased and Ram Manohar somehow managed to escape themselves by running away. When Shiv Baran Singh PW 2 tried to intervene, appellant Kaira gave lathi blow which hit him causing injury to his hand. Appellant Kaira borrowed Rs.350/ from deceased about 5 month prior to the occurrence, i.e. From the house of Shripal, deceased and Ram Manohar came to their house and without taking breakfast both of them proceeded to police outpost Chilla. 8.7.1980, deceased alongwith Ram Manohar PW 1 in the morning after attending the call of nature went to Shripal Kori for seeking his advice as what should be done in the matter. Accused Sumera who was companyvicted for offences punishable under Section 302, 307, 323 read with Section 34 IPC has died. Tindwari, District Banda and are neighbours. Ram Pyari PW 3 , wife of deceased also followed them. 8th July, 1980, about 7.15 a.m. Two days prior to the occurrence deceased demanded his money from Kaira, who number only refused to return the money but also denied to have borrowed any money from the deceased. of the case who was Incharge of the police out post, took up investigation, recorded the statements of injured Ram Manohar P.W.l and injured Shiv Baran Singh PW 2 and sent them for medical examination to district hospital Banda. Rampyari near the dead body, after getting report drafted from Dasharath, Ram Manohar P.W.1 accompanied by Shiv Baran Singh PW 2 injured and, other village persons, proceeded to the police out post Chilla, P. S. Tindwari, District Banda which was about 18 or 20 kms. on 8.7.1980, under Sections 302, 307, 504 IPC against all the three accused i.e. All the three accused persons preferred an appeal but since the appellant Sumera died during the pendency of the appeal, appeal was held to have abated so far as he is companycerned. Om Shankar Shukla PW 6 , I.0. Shripal advised him number to fight, but to lodge a companyplaint with the police. from the village Piprendha. Though he was found guilty of offence punishable under Section 323 IPC read with Section 34 IPC numberseparate sentence was awarded to him. learned IInd Additional Judge, Banda by his judgment dated 25.3.1981 found the appellant Krishna guilty of offence punishable under Section 302 of the Indian Penal Code, 1860 in short the IPC and Section 307 and sentenced him to undergo RI for life and seven years respectively for the aforesaid offences. Both the parties are residents of the same village Piprenda, P.S. On the hue and cry Surajpal, Arjun and many other villagers companylected there. Charges were framed and the accused persons faced trial. On the fateful day i.e. Sentence of imprisonment for life, three years and six months were respectively imposed for the above said offences. 3403 of 2006 Dr. ARIJIT PASAYAT, J. Placing reliance on the evidence of the witnesses, the trial Court recorded the companyviction and imposed sentence. On the basis of written report a case crime number 123 of 1980 was registered at 8.45 am. The trial Court i.e. 835 OF 2007 Arising out of SLP Crl. After the investigation was companypleted, charge sheet was filed. Leaving Smt. In support of the appeal, learned companynsel for the appellants submitted that the High Court has erroneously held that the right of private defence was number exercised by the appellants. Challenge in this appeal is to the judgment of a Division Bench of the Allahabad High Court dismissing the appeal filed by the appellants. Leave granted. CRIMINAL APPEAL NO.
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2007_542.txt
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In the year 1975 ICAR restricted its services and companystituted a service known as Agricultural Research Service ARS for short . It is the case of the ICAR that pursuant to the formation of ARS the scientists working under it were required to furnish bio data for induction in ARS and that the respondent did number furnish his bio data till 30th September 1980, the last date for submitting the bio data, in response to guidelines of ICAR as a result of which he was number companysidered for induction into ARS. In the meantime an order came to be passed by President of ICAR on 16th July 1985 companytinuing the respondent on a permanent basis in ICAR excluding his post from ARS. As this was number made available by the ICAR to him he moved the Tribunal by an application. The ICAR by an order dated 9th March 1989 adopted UGC Pay Scales for the ARS scientists with effect from 1.1.86 as per the decision of the Government of India. On 6th March 1967 the respondent opted for the service of ICAR and he was absorbed in its service and was given substantive appointment with effect from 1st December 1966. It appears that subsequently when UGC pay scales were introduced for ARS scientists holding different grades from S to S 3, the respondent who was all throughout companytinuing as Head of the Department had second thought and submitted his option on 20th August 1988 for induction in ARS. B. Majmudar, J. Indian Council of Agricultural Research ICAR for short through its Director General has moved this appeal on special leave against the judgment and order rendered by Central Administrative Tribunal. The respondent was initially selected by the Union Public Service Commission on the post of Plant Physiologist in the year 1960 and accordingly joined the Agricultural Department of Government of India on 1st October 1960 at Central Arid Zone Research Institute, Jodhpur, Rajasthan. This service was companystituted with effect from 1st October 1975 and the rules regulating the Constitution of the service were also framed by the appellant. On 9th April 1975 the respondent was selected for the post of Head of Division of Soil Water Relationship which was subsequently reorganised and re designated as Division of Arable Copying System. Jodhpur Bench, Jodhpur in Original Application filed by the respondent herein. 1800 2000/ . Respondent was given a time scale of Rs. In order to appreciate the grievance of the appellant a few introductory facts are required to be numbered at the outset. The said application, as numbered earlier, came to be granted by the Tribunal by the impugned order which is challenged by the appellant in this appeal. The said order was number challenged by the respondent at any time thereafter.
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1997_541.txt
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The prosecution further proved that Bherun had gone to Hindas with a servant to attend to his fields there. Bherun tried hard to avoid being dragged inside the house and clung desperately to the door jamb but Anda and Roopla struck him on his hands with their sticks to make him release his hold. One Bherun son of Girdhari Jat was assaulted by a number of persons and received numerous injuries. When Bherun was admitted in the hospital he was bleeding profusely from his injuries and the right tibia which was fractured at two places was splintered and the broken ends were protruding. Prosecution proved satisfactorily that Bherun and his father Girdhari were on inimical terms with the appellants and that certain criminal proceedings were going on between them. At the site of other injuries muscle tags were protruding out of the wounds. 1 and Roopla appellant No. The opinion of Mr. Sablok on the cause of death was In my opinion the cause of death is shock and Syncope due to multiple injuries. They and the other accused, dragged him inside the house and beat him severely. There were as many as sixteen lacerated wounds on the arms and legs and a hematoma on the right forehead and a big bruise on the middle of the chest. He was on his way to the fields, when he passed the house of Bhagu one of the original accused but since acquitted and was caught hold of by Anda appellant No. His cries attracted the neighbours and one of them Moda P. W. 8 attempted a rescue but was beaten off. The incident took place on June 29, 1961, at about 5 or 5 30 a.m. at a village called Hindas. 2 and was assaulted. In our opinion, leave was number granted on the latter point which does number present any difficulty at all but on the question whether the companyviction for murder is justifiable. The appellants were charged in the alternative and numberquestion of a new charge arises. The evidence, proving the presence and participation of these appellants in the assault has been companycurrently accepted by the High Court and the Sessions Judge and the findings on this part of the case must be companysidered as established. Special leave was granted to the appellants limited to the question whether Section 302 read with Section 34 was applicable to the facts of the case. He died as a result on the same day.
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1965_113.txt
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Parmeshwar Sao fell down. Lakhan Sao told Baldeo Chauhan to shoot Parmeshwar Sao. Kishori Sao raised an alarm. Kishori Sao told PW2, PW 3 and PW 4 that Lakhan Sao had caught hold of the deceased and that Baldeo Chauhan had shot Parmeshwar Sao being ordered to do so by Lakhan Sao. Kishori Sao was operating the threshing machine and his brother, Parmeshwar Sao was bringing the wheat bundles from the khalihan to the threshing machine. The spot was identified by PW PW 8 inspected the spot and found that it was on the land of Chamru Sao and that Kishori Sao had his khalihan there. Kishori Sao, PW 6 and Bishun Sao PW 3 and others took the body of the deceased to the police station. He put down the lantern when suddenly Lakhan Sao came out from behind the wheat bundles with a pistol in his hand and grabbed Parmeshwar Sao around the waist from behind. According to learned companynsel appearing for Lakhan Sao, if Lakhan Sao had a pistol, he would have fired it himself. Baldeo Chauhan shot Parmeshwar Sao in the right upper part of his chest. Parmeshwar Saos wife, Sarda Devi PW 2 , Saho Devi PW 4 , the mother of Kishori Sao and Parmeshwar Sao , Bishun Sao PW 3 , their uncle and others came running to the spot. It is the case of the prosecution that on the night of 22nd March 1987, Kishori Sao PW 6 along with his brother, Parmeshwar Sao were threshing wheat in their khalihan in village Gangti, P.S. He also found that the house of Kishori Sao and Prameshwar Sao was situated to the south east of the place of occurrence at a distance of about 50 yards. At about 11.30 p.m. to 12.00 p.m. when Parmeshwar Sao went to bring wheat bundles for threshing, he took a lantern with him. Bishun Sao saw the appellants running away while he was companying to the spot. It is number improbable that Lakhan Sao had to catch hold of Parmeshwar so that Baldeo Chauhan would number miss hitting him. Wheat bundles were stocked on the numberth east companyner of the khalihan. The seizure list, which was prepared by him, was signed by Kishori Sao and Chando Paswan Ext. On the south of the wheat bundles he found blood stains on the wheat bundles and on the ground. He found that wheat bundles were kept on the numberth east companyner of the khalihan. According to the prosecution, the motive for the two appellants to kill Prameshwar Sao was different. The appellants had companycealed themselves behind the wheat bundles. Parmeshwar was still breathing. Although the trial Court found PW 3s statement that he was at his khalihan when he heard the halla, the Trial Court said that it may be that he might have seen the accused running while he was companying to the khalihan of Kishori Sao, PW 6. Kishori Sao saw the incident but before he companyld run to his brothers aid, the accused had fled away carrying their pistols, towards the east. The wheat bundles were at a height of 5 ft.
On the numberth of these wheat bundles, he found Newari or straw ropes where he suspected the appellants hid themselves. He seized the blood stained soil and the blood stained wheat bundles. The Sub Inspector found that the threshing machine was situated 25 yards west of the wheat bundles. As far as PW 6 himself is companycerned, both the Courts have found his evidence to be companysistent and natural and companyroborated by the evidence of PW 2 and PW 3. The Sub Inspector PW 8 prepared an inquest report Ext. It was further submitted that the evidence of PW 6, the only eye witness, was improbable. The Additional Sessions Judge had in fact accepted the evidence number only of PW 6 but also the evidence of PW 3 who had claimed that he had seen the accused running away. Pakribarawan, District Nawadah. The body of the deceased was sent to the Sadar Hospital, Nawadah. He found the wounds companynected with each other. uncle of the informant is companycerned, his statement is true that he had seen the accused appellants running away, but his statement that he was in his own khalihan nearby, has number been substantiated. The High Court also said, So far as PW 3, i.e. The appellants produced three witnesses, namely, Bhikhari Chauhan DW 1 , Chando Paswan DW 2 and Latan Chauhan DW 3 , all of whom claimed that they had number heard the sound of the shot but that they had companye to the place of occurrence but did number see the appellants. The prosecution apart from the formal witnesses, examined five witnesses and tendered PW 4, the deceaseds mother for cross examination. The post mortem examination was companyducted on the body of the deceased by Dr. P. Singh PW 5 . There was scorching on the first wound. 2 recorded two wounds on the body, namely, a wound being a wound of entry, over the upper part of the right side of the chest in the first inter companytal space and the second, a wound of exit, on the right side of the back of chest in the 4th inter companytal space. The First Information Report Ext. The postmortems report Ext. It was opined that the death has been caused by fire arm which companyld be a pistol. The time and place of the occurrence was established number only by the prosecution witnesses but also by the three defence witnesses produced on behalf of the appellants. PWs 2 and 3 companyroborated this at the trial. The Sub Inspector then left for the site where he arrived at 3.45 a.m. RUMA PAL, J. These appeals have been preferred from the decision of the Patna High Court dated 9th January 1998 dismissing the appeals filed by the appellants against their companyviction and sentence by the Additional Sessions Judge, Nawadah under Sections 302/34 of the Indian Penal Code IPC and Section 27 of the Arms Act. Significantly, learned companynsel for the appellants did number rely on the evidence of the defence witnesses at the time of the hearing of the appeal in the High Court. At the trial, the appellants claimed that they were number guilty and were falsely implicated. The appellants appealed before the High Court at Patna. The appellants were sentenced to life imprisonment for the charges under Sections 302 and 302/34 IPC and three years rigorous imprisonment for the offence under Section 27 of the Arms Act. 1 was recorded at 1.30 a.m. that night in which the facts numbered above were recorded. It took them an hour and a quarter to reach there. The sentences were directed to run companycurrently. He was put into a rickshaw to be taken to the hospital but he died as soon as they reached the main road. Other members of the village had gathered by this time.
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2000_1209.txt
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Deoman was married to one Dulari. Deoman slapped Sukhdei on her face and threatened that he would smash her face. Deoman was tried for the murder of Sukhdei before the Court of Session at Gyanpur. The lands gifted to Dulari and the lands of Sukhdei were cultivated by Mahabir, uncle of Deoman. In the evening of June 18, 1958, Deoman borrowed a gandasa Ex. According to the case of the prosecution, in the evening of June 18, 1958, there was an altercation between Deoman and Sukhdei. Mahabir and Deoman entered into negotiations for the sale of some of these lands situated at village Anandadih, but Sukhdei refused to agree to the proposed sale. Deoman absconded immediately thereafter and was number to be found at Anandadih on June 19, 1958. The trial Judge, on a companysideration of the evidence led by the prosecution, held the following facts proved In the evening of June 18, 1958, there was an altercation between Sukhdei and Deoman over the proposed transfer of lands in village Anandadih and in the companyrse of the altercation, Deoman slapped Sukhdei and threatened her that he would smash her mouth face . Sukhdei gifted certain agricultural lands inherited by her from her father to Dulari. That on June 21, 1958, Deoman, in the presence of the investigating officer and two witnesses, offered to hand over the gandasa which he said he had thrown into a tank, and thereafter he led the officer and the witnesses to the tank at Anandadih and in their presence waded into the tank and fetched the gandasa Ex. Early in the morning of June 19, Deoman made a murderous assault with a gandasa which was borrowed by him from one Mahesh upon Sukhdei who was sleeping in the companyrtyard near her house and killed her on the spot and thereafter, he threw the gandasa into the village tank, washed himself and absconded from the village. Dularis parents had died in her infancy and she was brought up by Sukhdei, her companysin. Before day break on June 19, 1958, Deoman was seen by a witness for the prosecution hurrying towards the tank and shortly thereafter he was seen by another witness taking his bath in the tank. The Civil and Sessions Judge, Gyanpur, companyvicted Deoman Upadhyaya respondent to this appeal of intentionally causing the death of one Sukhdei in the early hours of June 19, 1958, at village Anandadih, District Varanasi, and sentenced him to death subject to companyfirmation by the High Court. On June 21, he offered to hand over the gandasa which he said, he had thrown in the village tank, and in the presence of the investigating officer and certain witnesses, he waded into the tank and took out a gandasa, which, on examination by the Serologist, was found to be stained with human blood. This gandasa was found by the Chemical Examiner and Serologist to be stained with human blood. He was arrested in the afternoon of the 20th near the village Manapur. 1 from one Mahesh. Shah, J. The reference was heard by M. C. Desai, B. Mukherjee and A. P. Srivastava, JJ. Against that order of acquittal, the State of Uttar Pradesh has appealed to this companyrt with a certificate granted by the High Court. The order of companyviction and sentence was set aside by the High Court of Judicature at Allahabad. 1 out of the water.
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1960_194.txt
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1500/ month. 1500/ per month? 1500/ per month. It was stated that the rate of rent is only Rs. The rate of rent was claimed as Rs. 250/ per month. 1 in favour of the appellant that rate of rent is Rs.1500/ per month. As numbered above, the case of the plaintiff was that the rate of rent is Rs. 250/ per month in place of Rs. 1, which issue was whether the respondent is tenant in the disputed shop of the plaintiff for the rate of rent, a sum of Rs. The respondent has number filed any documentary evidence to oppose the above fact which it can be proved that the rent of the above disputed shop is equaled to Rs. It clearly proves from the statements of the above witnesses and the documentary evidence available on record that any written agreement regarding the rent of the questioned property has neither been made between the parties number filed any rent receipt by the respondent against the payment of rent though it is accepted by both the parties that the plaintiff himself used to companye at shop for the companylection of rent and the respondent used to acknowledge the entry of this payment of rent in his diary at the shop. 1500/ per month The findings recorded by the Trial Court were based on evidence brought on record. It was stated that the plaintiff has already received the rent for the month of August, 2001 but he did number issue any receipt. 1500/ per month with interest within one month from the date of receipt of this numberice and the tenancy be terminated and shall be treated as terminate after passing above prescribed period. 50/ per day. Appellant has stopped to receive the companylection of rent from September, 2001. A numberice dated 07.09.2001 was issued that respondent has number paid the rent of above mentioned shop from December, 2000 till present date. Notice was given to pay the whole outstanding rent with interest within one month from the receipt of the numberice, failing which tenancy shall be treated as terminated. After prescribed period damages at the rate of Rs. 250/ per month and since October 1994, he is carrying on business of clothe. Trial Court framed an additional issue on 20.01.2009 which is to the following effect Whether the plaintiff has waived to oppose for eviction in his numberice dated 07.09.2001? Trial Court has further drawn an adverse inference against respondent that he had number produced the diary in which acknowledgment of the entry of the payment of rent was made by the appellant. The respondent is carrying on business of clothe merchant in the shop as tenant. The basis of judgment of the High Court in setting aside the judgment of the Trial Court is the reversal of the findings regarding rate of rent. Other issues were also decided in favour of the appellant, companysequently, the Trial Court passed a decree of eviction against the respondent tenant with balance amount of payment of rent and damages at the rate of Rs. 32 of 2001 in the Court of Additional District Judge praying for recovery of rent with companypensation and expenses and any other relief. You should pay the expenses of numberice for sum of Rs. This fact cannot be proved by the respondent therefore, after analyzing the above facts, I am of the view that there is number present any ground to disbelieve the statement of the plaintiff in which he stated the rent was equaled for sum of Rs. 50/ per day were also claimed. Notice after setting out facts and claim in last paragraph states as follows Therefore, you are hereby given the numberice that you should pay the whole outstanding rent of my client from December 2000 to till today at the rate of Rs. The numberice clearly companytemplated the termination of the tenancy after expiry of one month. You shall also be liable to pay the companypensation at the rate of Rs. The numberice dated 07.09.2001 brought on record by the appellant as Annexure P.1. Parties led their evidences before the Trial Court including the documentary evidences. Trial Court had already framed Issue No. The respondent should have produced the above diary, which was important documentary evidence and having under the possession of the respondent and the signatures of the plaintiff were also taken in this diary, therefore, the adverse presumption shall be taken against respondent u s 114 of the Evidence Act due to having number to produce the above diary. 32 of 2010 by which judgment High Court has allowed the Revision and set aside the order passed by the Judge, Small Causes Court directing the eviction of the respondent tenant with recovery of rent and damages. Trial Court after companysidering the evidences of the parties decided issue No. An application for amendment was filed by appellant for adding a prayer that the plaintiff may be given possession of disputed shop which is stated in the list of property annexed at the end of the plaint after evicting the respondent from the above shop. 1250/ for the period of September, 2001 to January, 2002 at the rate of Rs.250/ per month through money order which was denied, stating that it is denied to accept due to this amount is less than the actual amount. 50/ per day to my client after passing the above limitation and the suit will be filed against you before the companypetent companyrt, for which you will be sole responsible for all the companyts and expenses. 1,20,000/ wherefor numberreceipt was issued by the landlord to the revisionist. The second companyy of this numberice is being forwarded to you through U.P.C. Trial Court by order dated 13.05.2004 framed ten issues. If yes, whether the required relief added by the plaintiff is barred to the limitation as stated in the additional companynter statement. Additional companynter statement was filed by the respondent. 46 Adarsh Gram Chauhan Market, Yatra Bus Station, Rishikesh. The Revision filed by the respondent was under Section 25 of the Provincial Small Cause Courts Act, 1887 hereinafter referred to as Act, 1887 . As numberice was number replied, the appellant filed a Small Causes Case No. Brief facts of the case, necessary to be numbered for deciding this appeal are Signature Not Verified Digitally signed by ASHWANI KUMAR Date 2017.12.11 180629 IST Reason The appellant is the owner of Shop No. It is relevant to numbere that the High Court in its judgment has numbered the arguments of revisionists regarding number decision of the additional issues. A reference to Evaluation List for the period 2004 2009 by the Executive Officer, Nagar Palika, Rishikesh vide document No. You are informed hereby that the companyy of this numberice has been put into custody at my office for further need. 96Ga was also mentioned. Aggrieved by the above said judgment, the respondent filed a Revision before the High Court. This appeal has been filed against the judgment dated 26.08.2014 of High Court of Uttarakhand in Civil Revision No. High Court also allowed three weeks time to respondent to file amended written statement. Respondent pleaded that premises is companyered by U.P. ASHOK BHUSHAN, J. We have companysidered the submissions of the learned companynsel for both the parties and perused the record. The landlord aggrieved by the judgment has companye up in this appeal. 500/ . Post. 13 of 1972. Act No.
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2017_791.txt
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After the reference cases were finalized and disposed of in the year 1997, the Board deposited the enhanced companypensation with interest, but did number promptly serve the demand numberices on the allottees for payment of the difference between the tentative price and the final price with interest and it was only in the year 1999 that the Board served the numberices on the allottees to pay the said difference with interest at the rate of 15 per annum. The learned Single Judge, however, found that individual account statements giving the relevant details and calculations of the amounts demanded had number been served on the allottees and held that this was on account of the lethargy of the officials of the Board and, therefore, the Board was number entitled to any interest on the differential amount from the allottees for the period from 1997 till the date of service of individual account statements on the allottees. The allottees then filed Writ Petitions before the Kerala High Court and the learned Single Judge passed orders refusing to interfere with the claim of interest on the enhanced amounts of companypensation on the differential amount till 1997 when the references were finally disposed of by the Court and the Board deposited the enhanced companypensation with interest. While the dispute in regard to quantum of companypensation was pending, the Board entered into agreements of sale with various allottees of the plots of land during the years 1988 1990 and made a provision therein that the Board shall be entitled to re fix the final price of the property agreed to be sold to the allottees taking into account inter alia the enhanced companypensation awarded by the Courts and Tribunals and that the decision of the Board in fixing the revised price of the property shall be companyclusive and final. In the impugned judgments and orders, the Division Bench of the High Court agreed with the view taken by the learned Single Judge that the Board was number entitled to claim any interest and that too at the rate of 15 per annum for the period from the date of deposit of enhanced companypensation in 1997 till the date of service of the individual account statements saying that the Board cannot punish the allottees for its own lethargies. The facts very briefly are that in the years 1984 and 1985 land was acquired for allotment of plots under the Chevayur Housing Scheme and the Nellikode Housing Scheme respectively undertaken by the Kerala State Housing Board for short the Board . Aggrieved, the Board is in appeal before us. It was also expressly agreed in the agreements of sale that after finalization of the price of the property agreed to be sold by the Board, the allottee shall pay to the Board together with interest at the rate of 15 per annum, the difference between the tentative price fixed and the price finally fixed for the property by the Board within thirty days of the date of a registered numberice demanding the payment thereof or in such quarterly installments over a period number exceeding two years to be determined by the Board. C No.21817 of 2008 is against the order 13.06.2008 in Writ Appeal No.1940 of 2008 disposing of the Writ Appeal in terms of the judgment dated 28.02.2006 in Writ Appeal No.1760 of 2004. C No.21478 of 2008 is against the order dated 13.06.2008 in Writ Appeal No.1968 of 2007 disposing of the Writ Appeal in terms of the judgment dated 28.02.2006 in Writ Appeal No.1760 of 2004. C No.10580 of 2006 is against the judgment dated 28.02.2006 in Writ Appeal No.1760 of 2004 of the Division Bench of the Kerala High Court. Aggrieved by the orders of the learned Single Judge, the Board filed Writ Appeals before the Division Bench of the Kerala High Court and by the impugned judgments and orders the Division Bench dismissed the appeals. Civil Appeal arising out of S.L.P. The landowners did number accept the companypensation offered for the acquired land and sought a reference to the Civil Court under Section 18 of the Land Acquisition Act, 1894. These three appeals are being disposed of by this companymon order as companymon questions of fact and law arise in the appeals. K. PATNAIK, J. Leave granted.
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2011_710.txt
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properties mentioned as Items No.1 to 6 and 2 properties mentioned as Items No.7 and 8, which were standing in the name of appellant. The companypetent authority divided the properties in two parts 1 standing in the name of detenue i.e. Item Nos. On 4.2.2000 the matter was heard qua Items No.7 and 8 which were standing in the name of the appellant and the appeal was dismissed on 8.2.2000. Thereafter, in exercise of powers companyferred under sub section 1 of Section 6 of the SAFEMA, companypetent authority issued numberice dated 31.12.1996 to Suresh Manoharlal Jumani and his wife Smt. 1 to 6 which were in the name of detenue, the Tribunal directed that as the detenue has number filed the appeal, the appeal was number maintainable and the companynsel should companyfine his arguments only in respect of Items No.7 and 8. Notice to the appellant was issued as two properties were standing in her name and as she was companysidered to be companyered by the provisions of Section 2 2 c of the SAFEMA. By order dated 5.1.2000, with regard to the forfeited property, i.e. After giving opportunity of hearing and of producing relevant material evidence, companypetent authority by order dated 23.8.1999 held that the properties mentioned therein stood forfeited to the Central Government under Section 7 of the SAFEMA free from all encumbrances. Before dealing with the companytentions, facts in nutshell are that the Government of India issued detention order dated 16.11.1995 under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 hereinafter referred to as the COFEPOSA against one Suresh Manoharlal Jumani, resident of Khar West , Mumbai. That order was challenged before the Appellate Tribunal for the forfeited property at New Delhi by filing appeal under Section 12. 40/BOM/99 for reviewing the order on the ground that the appellant was having interest in Items No.1 to 6 as she had vested right of maintenance from her husband and his properties, and, therefore, she was person aggrieved. That companytention was negatived by the Tribunal by order dated 22.2.2000. It appears that the order of detention was number implemented as he was absconding. However, his detention order is neither revoked number quashed by any companyrt of companypetent jurisdiction. 653 of 2000 challenging the order passed by the Tribunal. The High Court of Bombay by order dated 6.2.2000 dismissed Crl. Thereafter, appellant preferred Miscellaneous Petition No. Hence, this appeal. Writ Petition No.
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2001_347.txt
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2789 of 1958. The Tribunal upheld the preliminary objection and recorded its companyclusion that it had numberjurisdiction to adjudicate upon the dispute as it was number an industrial dispute. They urged that the profession followed by them was number an industry within the meaning of the Act, and so the dispute raised against them by the appellants was number an industrial dispute within the meaning of the Act the companytention was that the dispute number being an industrial dispute under the Act, the reference made by the Government was incompetent and so, the Tribunal had numberjurisdiction to adjudicate upon this dispute. This appeal arises out of a dispute between the appellants, the National Union of Commercial Employees Anr, and the respondents Pereira, Fazalbhoy and Desai who companystitute an Attorneys firm by name M s. Pereira Fazalbhoy Co. Thereafter, the State Government referred the dispute in regard to the bonus for the two years 1956 and 1957 for adjudication before an Industrial tribunal under section 12 5 of the Industrial Disputes Act No. 2789 of 1958 filed under Articles 226 and 227 of the Constitution. As the parties companyld number agree, the dispute was taken before the Conciliation Officer. These demands related to bonus for the years 195556 and 1956 57 and to certain other matters. Before the Tribunal, the respondents raised a preliminary objection. The Conciliation Officer also failed to bring about a settlement and so he submitted his failure report to the Government of Bombay. S. R. Chari and K. R. Choudhuri, for the appellants. It appears that in August, 1957 the appellant wrote to the respondent firm setting forth certain demands on behalf of its employees. 2 and 4 and the Intervener The Bombay Incorporated Law Society . The order thus passed by the Tribunal was challenged by the appellants before the High Court at Bombay by special Civil Application No. T. Desai, and V. J. APPeal from the judgment and order dated November 20, 1958, of the Bombay High Court in Special Civil Application No. Merchant, for respondents Nos. 14 of 1947 hereinafter called the Act . February 13, The Judgment of the Court was delivered by GAJENDRAGADKAR, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. 24 of 1961.
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1962_104.txt
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This appeal is against the Judgment of the Customs, Excise and Gold Control Appellate Tribunal dated 27th May, 1996.
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2004_176.txt
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C No.8182 of 2007 Leave granted. O R D E R Arising out of S.L.P.
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2008_2124.txt
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On reference the learned Additional District Judge enhanced the companypensation from Rs 330 per marla to Rs 700. Based on this, the fixation of Rs 700 per marla was upheld. 447 of 1982 land. The sale companysideration thereunder was Rs 700. The Land Acquisition Collector awarded companypensation at the rate of Rs 330 per marla besides solatium at the rate of 15 per cent and interest at the rate of 6 per cent from November 4, 1978 to the date of actual payment. The other sale deed R 6 dated August 16, 1978 relates to the sale of 2 and a half marlas of land for Rs 1000. A 6 dated January 14, 1977 companyers 7 marlas of land situated at a distance of about 50 yards from the suit land. A 6 and R 6 would provide the necessary data. The respondent, State of Punjab issued a numberification under Section 4 on October 4, 1978 for acquisition of land measuring 284 kanals and 9 marlas situated in the Revenue Estate of Village Daulatpur, Pathankot. 447 of 1982 to the High Court of Punjab and Haryana. These civil appeals raise the question of award of companypensation under the Land Acquisition Act of 1894 hereinafter referred to as the Act . The public purpose of acquisition was for companystruction of godowns by the Central Warehousing Corporation. The learned Single Judge was of the view that two sale deeds Exhs. To such of those claimants like the appellants who had received the amount of companypensation as per the award without any protest, this enhancement was denied. The area companyered by the sale deed lies at a distance of just 20 feet from the suit From the Judgment and Order dated 9 7 1984 of the Punjab and Haryana High Court in Regular First Appeal No. Thereupon, the appellants preferred Regular First Appeal No. Not being satisfied with the same, the appellants preferred application for references under Section 18 of the Act. The Judgment of the Court was delivered by MOHAN, J. In this view, he dismissed the appeal.
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1994_214.txt
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yards and land in Sy. Therefore the lands in Sy. 82/p of Bowenpally and an extent of 842 Sq. yards or 8772 sq. 94 of 2003 dated 13.06.2003 of Government land in Sy. 94 of 2003 dated 13.06.2003 Government lands in Sy. 1240/ per sq. 82 of Bowenpally village to an extent of 7728 sq. 82 of Bowenpally, but also encroached an extent of 842 sq. 94 of 2003 dated 13.06.2003 in Sy. 20/ per sq. No.157/1 to an extent of 2763 sq. total 10491 sq. metres were inam lands. Prayer of the appellant for regularization of the land was rejected by the State by an order dated 06.12.1999. The land encroached by the respondent is surveyed by the Mandal Revenue Officer through Mandal Surveyor and found that the respondent number only encroached 6946 sq. 94 of 2003 dated 13.06.,2003 in Sy. 157/1 situate in Village Thokatta appurtenant to Trimulgherry Mandal, Hyderabad, admeasuring 7788 sq. 82 situate in village Bowenpally and Survey No. No.157/1P of Thokatta Village. Evict the respondent from the application scheduled land. 157/1 of Thokatta Village as shown in the sketch. A numberice under the Andhra Pradesh Land Encroachment Act, 1905 was issued on it on 27.04.1987, wherein the companypany was described as an encroacher of the land in question. The application schedule land is valuable land abutting Highway and it is required for public purpose. Facts The land bearing Survey No. The companypany companystructed workshop and companypound wall of an extent of 6946 Sq. A writ petition filed thereagainst by the appellant before the Andhra Pradesh High Court, which was marked as Writ Petition No. It is number in dispute that only recently, namely, on 03.08.2007, the said prayer of the appellant for regularization of the land has been rejected. Only because the appellant had filed an application for regularization of the said land, the same by itself companyld number be a ground to arrive at a finding that it had an intention to grab the said land as far back as in the year 1985. The said lands vested in the State of Andhra Pradesh upon companying into force of the Andhra Pradesh Telangana Area Abolition of Inams Act, 1955 for short, the 1955 Act with effect from 20.07.1955. 5954 of 1987, so as to enable the Government to examine the issue of regularization of the possession, subject of companyrse, to the payment of the market value of the land. One of the reliefs prayed for therein, inter alia, was to declare that the appellant was a land grabber. One B. Ramender Reddy and several others were claiming ownership of the said lands purported to have acquired title of the Inamdars. Interpretation and or application of the provisions of the Andhra Pradesh Land Grabbing Prohibition Act, 1982 for short, the Act is involved in this appeal which arises out of a judgment and order dated 30.04.2007 passed by the High Court of Andhra Pradesh in Writ Petition Civil No. meters per month from 1985 for the wrongful possession of the land in question. A writ petition was filed thereagainst which was dismissed. Aggrieved by and dissatisfied therewith, the appellant filed another writ application before the Andhra Pradesh High Court, which was marked as Writ Petition No. In response thereto, the appellant was asked to withdraw his writ petition, being Writ Petition No. is recommended for regularization on payment of Market value Rs. Questioning the legality of the said numberice, a writ application was filed by the appellant, which was marked as Writ Petition No. 5954 of 1987. yards i.e. Amended as per orders passed in I.A. On or about 30.07.2001, inter alia, on the premise that the aforementioned order dated 06.12.1999 was number a speaking one, while allowing the writ petition No. Appellant, however, did number withdraw the said writ application. Ramender Reddy, however, transferred his purported right, title and interest in the said lands by reason of two registered deeds of sale dated 03.01.1985 and 05.01.1985 in favour of the appellant, which is a companypany registered and incorporated under the Companies Act, 1956. 15 of 2000 directing the State Government to pass a speaking order on the appellants application for regularization in the light of the recommendations made by the Collector as also the Commissioner, the State Government having failed to do so, the learned Special Judge should number have adjudicated upon the issue of land grabbing in the said proceeding. Despite the fact that Ramender Reddy had already transferred his right, title and interest in favour of the appellant company by reason of the aforementioned deeds of sale, he along with some others, who were also claiming similar rights, filed writ petitions before the Andhra Pradesh High Court being Writ Petitions Nos. The said writ petitions were dismissed by reason of a judgment and order dated 06.03.1987 by a learned Single Judge of the said Court opining that in view of Section 3 1 of the 1955 Act the lands in question had vested in the State. Despite the order dated 30.07.2001, passed by a learned Single Judge of the Andhra Pradesh High Court in W.P Civil No. yard in the year 1993. The said writ petition was dismissed by the High Court by a judgment and order dated 04.06.1996, holding As the vendor of the Petitioner have sic failed to get occupancy certificate in their favour, the Petitioner who is claiming under its vendor cannot obtain any relief in this writ petition. The writ petition therefore fails, and is accordingly dismissed. During the pendency of the said proceedings, the First Respondent herein initiated a proceeding in terms of Section 8 1 of the Act before the Special Court, praying, inter alia, for the following reliefs Declare that the respondent is land grabber. yard for the years 1991 92 and between Rs. This Court while companysidering the appeal preferred by the land grabber, inter alia, held The Special Tribunal has only civil jurisdiction and the Code of Civil Procedure is applicable to the proceedings before it, whereas the Special Court has both the Civil as well as criminal jurisdiction to which the provisions of both the Code of Civil Procedure and Code of Criminal Procedure would apply. The Respondent illegally encroached the application scheduled property and companystrued sheds and running Mechanical workshop for vehicles. yard in favour of the M s Mahalaxmi Motor Private Limited in relaxation of ban orders issued in O.Ms. 15 of 2000, the High Court remitted the matter to the State Government for companysideration of the appellants prayer for regularization afresh having regard to the recommendations of the Collector dated 22.10.1994 and that of the Commissioner dated 30.09.1997 within a period of two months. Appellant, however, despite knowledge of the said judgment and order dated 06.03.1987 allegedly made huge investments by raising companystruction thereupon. Appellant filed its written statement in the said proceeding, companytending that the provisions of the said Act were number applicable. Award companyt of this petition. The application filed in that behalf was rejected by the Collector. Even a Special Leave Petition preferred thereagainst has been dismissed by this Court. 2.7.1990. Limited changed its name as Jublee Honda Motors. 780/ to Rs. A sketch map showing the same was annexed thereto. 8734 to 8737 of 1983 etc. 15 of 2000. The said judgment attained finality. 634 Revenue Ann III Department dt. They sought for the grant of occupancy certificate from the State. Thus, number only the history of litigation but also area of encroachment was stated. 15920 of 2004. Civil No. 9148 of 2007 B. SINHA, J Leave granted. Award companypensation of Rs. However, the Petitioner is granted six weeks time for obtaining appropriate orders from the companycerned authorities. Thus, the very document relied by the respondent herein under Ex. The Special Court exercises both the original and appellate jurisdictions as well as companyrt of sessions for all practical purposes. Arising out of S.L.P. No.
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2007_799.txt
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The bus ferried passengers from Burhanpur at 630 AM and reached Indore at about 1100 AM. The deceased was required to drive the public bus daily, ferrying passengers from Indore to Burhanpur and back from Burhanpur to Indore. He met an accidental death on 18.07.2010 at the Burhanpur bus stand while companying down the roof of the bus of which he was a driver, after eating his meal. It is number the case of the respondent that the deceased was at liberty to proceed home and return at leisure the next morning after parking the bus at the Burhanpur bus stand at night. He fell off the roof of the bus accidentally and died. If the deceased would have gone home every day after parking the bus and returned the next morning, the efficiency of the timing of the bus service facility to the travelling public would definitely have been affected, dependant on the arrival of the deceased at the bus stand from his house. The return journey would companymence from Indore at 300 PM and terminate at Burhanpur on or after 730PM. The route timings of the bus required the deceased to be readily available with the bus so that the passenger service being provided by respondent number 1 remained efficient and was number affected. The deceased, aged around 42 years, was the driver of the public bus belonging to respondent number1. The salary of the deceased at the time of death was determined by the Tribunal at Rs.4,275/ per month while dismissing the claim case. Undertaking, Bombay vs. Mrs. Agnes, 1964 3 SCR 930. The facts of the case adequately reflect numberional extension of the duty, relying on General Manager, B.E.S.T. The travelling time in one direction was approximately 5 hours, according to PW2. NAVIN SINHA, J. Leave granted.
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2019_1111.txt
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Under the said threat and companyrcion, Afroz went to the village of Yunus and thereafter the police arrested Yunus. He also told that Yunus was hospitalized at the ESI Hospital. The statements of the police officials who went to arrest Yunus were recorded by the Sub Divisional Magistrate on 5.8.1999. The appellant who was at Mumbai immediately came to Delhi and learnt that his brother Yunus had died while he was in police custody. Brief facts which are necessary to dispose of this appeal are recapitulated as under In the intervening night at about 1.00 am on 4/5.8.1999, the appellant received a telephonic call from one Afroz who is a friend of the deceased Yunus, the elder brother of the appellant, and was told that on 4.8.1999 the police took Yunus to the police station Okhla Industrial Area and that he also accompanied Yunus to the police station. It is further stated in the appeal that Yunus was in good health and he died in the police custody indicating that he did number die of natural death. Anees Yunus was a registered Bad Character of Bundle A the register which is maintained for the persons who are under companystant and active surveillance of police station P.S. It is also submitted that respondent number5 Sub Inspector of Police Mukesh Walia had approached Afroz, a friend of Yunus and threatened to implicate him in a false case under the Narcotic Drugs Psychotropic Substances Act, 1985 unless he helped the police in nabbing Yunus. Yasin had filed a writ petition before the Delhi High Court seeking directions to handover the investigation to the Central Bureau of Investigation into the death of his elder brother Yunus alias Anees who died on 4.8.1999 in police custody of the police station Okhla Industrial Area, New Delhi. The postmortem examination was companyducted on the body of the deceased Yunus at the All India Institute of Medical Sciences AIIMS on 6.8.1999 and thereafter his dead body was handed over to the appellant in the presence of other relatives of the appellant. In the light of above, I am of the companysidered opinion that Anees Yunus died due to heart ailment which is explained by doctors in details and categorically opined that the deceased had high risk of sudden death with or without provocation and thus a natural death. Afroz was also put to cross examination about the infliction of the injuries. The Sub Divisional Magistrate has made a companyprehensive inquiry. In this regard the panel of doctors who had companyducted the postmortem was examined separately and the police team and eye witnesses. On the same day a Board of Doctors was companystituted for the postmortem, which companyprised the following doctors Dr. O.P. Bhardwaj, Assistant Professor, Forensic Medicine and Toxicology, All India Institute of Medical Sciences AIIMS . Murti, Associate Professor, Department of Forensic Medicine and Toxicology, All India Institute of Medical Sciences AIIMS . According to the Board of Doctors, both the said injuries were simple in nature. The police team, who brought the deceased from district Gurgaon to Delhi after arresting him were quite bonafide in their action and performed lawful duties arresting the deceased. The appellant further prayed for a direction to the station house officer of the police station Okhla Industrial Area to register a case under section 302 IPC against the delinquent officer s .
The High Court in the impugned order after perusing the report of the Sub Divisional Magistrate and the report of the Board of Doctors who companyducted postmortem examination of the deceased and came to the companyclusion that the death of the appellants brother was caused due to cardiac arrhythmias and the petition was disposed of. The Board of Doctors further examined the injuries and came to the companyclusion that all injuries present over the body were antemortem, recent in duration and were caused by blunt force. Okhla Industrial Area wanted in as many as 10 cases. Dr. Alexander Khaka, Specialist for Medicines, Safdarjung Hospital. It is also incorporated in the appeal that the inquiry was also companyducted by the Sub Divisional Magistrate, Kalkaji, South District, New Delhi under section 176 Cr. The statements of a large number of police official were also recorded. The statements of the relatives of the deceased were recorded. All injuries were simple in nature and were insufficient to cause death individually as well as companylectively in ordinary companyrse of nature. The Sub Divisional Magistrate after companyprehensive inquiry arrived at the following companyclusion After perusal of the entire evidence on record, along with the opinion of the experts Board of Doctors , the following points were companye to the numberice. The cause of injuries were explained by them that the accused put resistance at the time of his arrest and in the process the injuries were inflicted which are number willingly, were number sufficient to cause death. It was submitted that immediately after the incident, on 5.8.1999 at 10.00 am, the information was sent to the Chairman, National Human Rights Commission and the companyies of the same were sent to the District Magistrate, Delhi and the Deputy Commissioner South regarding the custodial death. Dr. D.N. Dalveer Bhandari, J. This appeal is directed against the judgment of the Division Bench of the Delhi High Court passed in Criminal Writ Petition No.917 of 1999 on 28.9.2001. The appellant Mohd. The appellant being aggrieved by the impugned judgment of the High Court has preferred this appeal. P.C.
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2009_1002.txt
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PW 3 has also identified A 7 Adam Gafoor Shaikh Adam Toofani in a test identification parade companyducted on 30.3.1995. The version of PW 3 is further supported by another eye witness PW 4 Selwaraj Naikar who also identified A 7 Adam Gafoor Shaikh Adam Toofani in the companyrt as well as in a test identification parade. While dealing with the case of A 7 Adam Gafoor Shaikh Adam Toofani, we may record here that learned Counsel for the appellant frankly companyceded that he is number disputing the fact that Amar Bhaskar Suvarna was shot dead in front of Trishna Restaurant around 8.15 p.m. on 24.2.1994. A 1 Mohmed Aslam Sheru Mohd. On 24.2.1994 at 8.15 p.m. one Amar Bhaskar Suvarna was shot dead in front of Trishna Restaurant at Kala Gohda near the High Court of Mumbai . Regarding A 1 Mohmed Aslam Sheru Mohd. Then PW 3 Cyrus was also present. In that statement the deceased was number able to state the particulars of the assailants, but he did state that he was then in the companypany of PW 3 Cyrus. So, the limited question to be companysidered is whether A 7 was one of the assailants who shot him dead. PW 3 said in companyrt pointing to A 7 that he is one of the persons who shot at the deceased It is unnecessary to mention the name of the other persons who shot him as the companyviction passed against the other persons has number been at all challenged in appeals . The designated companyrt found that one of the assailants who fired the firearm at the deceased was A 7 and accordingly he was companyvicted under Section 302 of the Indian Penal Code besides other offences. A 1 was arrested on 6.10.1994 and on the strength of the information elicited from him one semi automatic US Carbine magazine along with 113 cartridges were recovered from his own house at Mumbai. If so, the decisive importance of the testimony of PW 3 need number be described in so many words. Confessional statements were recorded under Section 15 of the TADA from both the appellants. The testimony of the above two eyewitnesses was believed by the TADA Court and their evidence had been relied on. Hasan has been companyvicted under Section 5 of the Terrorist and Disruptive Activities Prevention Act, 1987 hereinafter referred to as the TADA besides under Sections 25 1 A and 25 1B a of the Arms Act. A designated companyrt companyvicted these two appellants, who were arraigned in that companyrt as A 1 and A 7, along with other accused for different offences. A 7 was arrested in March, 1995. Commissioner of Police, CID Intelligence, Mumbai . The case was initiated on the state ment recorded from the deceased which became a dying declaration under Section 32 of the Indian Evidence Act. He was sentenced to undergo rigorous imprisonment for 10 years under the first two companynts each, besides fine, with a direction that sentence of imprisonment under each companynt will run companycurrently. He filed Criminal Appeal No.
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2000_408.txt
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H. KAPADIA, CJI Leave granted.
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2010_910.txt
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Madi Devi PW 1 , Smt. Madi Devi PW 1 and her aunt Smt. Ram Maya Devi PW 2 . Madi Devi PW 1 , who witnessed the murder of the deceased along with PW 2. Ram Maya Devi PW 2 , Smt. Madi Devi PW 1 and Ram Maya Devi PW 2 in their statements of evidence, which is sufficient to show that numbere of said witnesses companyld have been available on the spot at the time of the incident. The Trial Court companyvicted the appellant for the offences punishable under Section 302 of IPC and Section 4/25 of the Arms Act, 1959 and he was awarded the sentence of life imprisonment with a fine of Rs.20,000/ for the offence punishable under Section 302 IPC and sentence of two years rigorous imprisonment with fine of Rs.10,000/ for the offence punishable under Section 4/25 of the Arms Act, 1959. Ram Maya Devi PW 2 supported the version of PW The deposition of the said witnesses and other prosecution witnesses were found to be reliable and trustworthy by the Trial Court, upon which the High Court also gave a companycurrent finding. Shanti Devi PW 3 , Jotar Das PW 4 and Ramesh PW 8 as all were the members of same family and it was natural for these interested witnesses who have stated a companycocted version against the appellant in order to save the main assailant Ramesh PW 8 , who actually attacked the two victims i.e., the deceased and the appellant, in his outrage against the deceased. The Trial Court appears to have ignored the appellants version that it was PW 8, who actually used khukri to attack the appellant but unfortunately the deceased came in between as a companysequence of which she received fatal injuries which resulted in her death. Madi Devi PW 1 , who is an eye witness to the entire incident of murder, has clearly narrated the whole incident in her examination in chief evidence before the Trial Court and also successfully identified the accused in the Court. 16 of 2009, companyvicting the appellant herein for the offence punishable under Section 302 of Indian Penal Code, 1860 for short IPC and Section 4/25 of the Arms Act, 1959 and sentenced him to life imprisonment with a fine of Rs.20,000/ for the offence punishable under Section 302 of IPC and two years rigorous imprisonment with a fine of Rs.10,000/ for the offence punishable under Section 4/25 of the Arms Act, 1959. The matter was investigated by the investigation officer and the charge sheet was filed against the appellant for the offences punishable under Sections 302 and 309 of IPC and under Section 4/25 of the Arms Act, 1959. It was further companytended by him that the plea of the appellant that PW 8 used khukri against him but the deceased came in between as a result of which, she received fatal injuries which caused her death is totally untenable as the appellant has number made any effort at all to give any evidence before the Trial Court in support of the said plea and number even bothered to offer himself for examination to adduce evidence in support of his defence before the Trial Court. On 11.03.2009, it is alleged that at about 11.30 AM the appellant reached Vartyakhund, through jungle where the deceased was cutting grass along with her grandmother Smt. Thereafter, he hit himself with the same khukri below his naval and fell unconscious. The said attack resulted into the death of the deceased and serious injuries caused to the appellant. Brief facts are stated hereunder to appreciate the rival legal companytentions urged on behalf of the parties On 11.03.2009 companyplainant Jotar Das submitted a written companyplaint to Naib Tehsildar, Jakhnidhar, District Tehri Garhwal, Uttarakhand regarding the murder of his daughter, Kumari Kusum hereinafter referred to as deceased . After reaching there the appellant attacked the deceased with a khukri a sharp edged weapon , at the left side below her heart, as a result of which she died on the spot. Both the sentences imposed upon him for the abovesaid offences were to run companycurrently. He further companytended that the High Court has failed to appreciate that the Trial Court erred in using the part of statement of the appellant made under Section 313 of the Code of Criminal Procedure, 1973 about the injury caused to him by khukri while ignoring the rest of the statement regarding the assault being made by Ramesh, the brother of the deceased upon him. This information of murder was given to the companyplainant by his mother Smt. The above sentence was imposed upon the appellant for the offences referred to supra were to run companycurrently. Mr. A.S. Pundir, learned Amicus Curiae for the appellant companytended that the High Court has gravely erred in placing reliance on the depositions of Smt. 153 of 2010 by the High Court of Uttarakhand at Nainital whereby it affirmed the judgment and order dated 10.6.2010 passed by the District Sessions Court, Tehri Garhwal, New Tehri for short the the Trial Court in Sessions Case No. Therefore, the High Court was right in companycurring with the judgment of the Trial Court. Therefore, the companycurrent findings of fact recorded by the High Court on the charge framed against appellant in exercise of its appellate jurisdiction and upheld the Trial Courts decision, which is erroneous in law as the same is without proper re appraisal of the evidence. The High Court upheld the decision of the Trial Court holding that numberattempt was made by the appellant to establish his plea. The companyclusion arrived at by the High Court in companycurring with the findings of the Trial Court on the charges levelled against the appellant are based on proper appreciation of evidence is number sustainable in law for the reason that the High Court has number re appraised the evidence on record while arriving at such companyclusion. He further submitted that there is lot of inconsistency in respect of the time of occurrence of incident that was stated by Smt. In the said companyplaint it was stated by him that a proposal for the marriage of the deceased was made by the appellant about 4 months back from the date of the said written companyplaint. The Trial Court has paid little heed to this aspect of the matter while passing its judgment and order of companyviction and awarding sentence upon the appellant. He further urged that the companyrts below have erred in number numbericing the companycocted case set up by the prosecution against the appellant which is most unnatural. Aggrieved by the decision of the Trial Court, the appellant filed an appeal before the High Court urging various grounds and prayed for setting aside the judgment and order passed by the Trial Court and acquit him of the charges framed against him. On the other hand, Mr. Ashutosh Kumar Sharma learned companynsel for the respondent State sought to justify the companycurrent findings of fact recorded in the impugned judgment and order by the High Court companytending that Smt. 02/2009 was registered against the appellant. The appellant used to visit the house of the companyplainant but he refused to give his daughter in marriage to the appellant after hearing companyplaints about his activities. The impugned judgment and order passed by the High Court is neither a well reasoned order number based on a careful re appraisal of the evidence on record. On this ground itself the impugned judgment and order of the High Court is required to be set aside by this Court in exercise of its appellate jurisdiction. On the basis of the written companyplaint, FIR in Crime Case No. Therefore, the same does number need interference by this Court in exercise of its appellate jurisdiction. The first Appellate Court is required in law to examine the case of the appellant with reference to the ground urged in the appeal. GOPALA GOWDA, J. This criminal appeal by special leave is directed against the impugned judgment and order dated 3.7.2013 passed in Crl. Hence, this appeal. Leave granted. A. No.
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2015_461.txt
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Kozhikode under Section 15 of the Kerala Agriculturists Debt Relief Act, 1970 for full settlement of his debts. The original appellant filed Original Petition No. The applicant in Original Petition No. The sole debt was due to the first respondent only . They are situate in Kozhikode Taluk. Layout Upstairs Thadasam Road 4th Cross Sachin Coimbatore 641 002 Vijaya Narayandas, New Road, West Hill, Calicut 5 Kerala . One Sunderads Narayandas and Vijaya Narandas filed an application to get themselves impleaded as the legal representaives of the petitioner in the special leave petition. Stating that he is an agriculturist companying under the purview of the Kerala Act 11 of 1970, he prayed for full settlement of his debts as provided under Section 15 of the Act. Respondents 1 and 2 in Original Petition No. Pending the special leave petition, the applicant and the second respondent in Original Petition No. The original appellant is liable to pay Rs.1,20,000/ to the first respondent and Rs.57,000/ to the second respondent. 1 of 1976, Subordinate Judges companyrt, Kozhikode, filed the special leave petition. It was put in execution in the Kerala Court. 488/83 before the Bombay High Court and obtained a decree against the original appellant. According to him, he has two items of immovable properties in Kerala shown in the schedule of the petition. It further found and, in our opinion, companyrectly, that there is numbersufficient evidence on record to prove that there is any outstanding debt due to the second respondent. 1 of 1976 are the respondents in the special leave petition. The said Sunderdas Naravandas, one of the heirs, also died on 5.7.1993. But in the opinion of the High Court, a debt which arose out of the suit filed in Bombay High Court and decree obtained from the said companyrt on the basis of mortgage deed, executed by the original appellant, cannot be companysidered to be a debt within the meaning of Section 2 4 of the Act. 1 of 1976 died. Item one is residential property and item two is a Paramba, adjacent to it. Stating these facts an application was made to implead the following persons as legal representatives Rahul 30/D, P.K.P. This appeal is filed against the judgment of the High Court of Kerala, rendered in MFA No. 1 of 1976 before Subordinate Judges Court. It is thereafter the original appellant filed the special leave and the above appeal has companye up for hearing. On this basis, the High Court allowed the appeal filed by the first respondent and dismissed the application filed by the original appellant by judgment dated 5.5.1988. Paripoornan. It was further brought to the numberice of this Court at the time of hearing that the said persons are also the legal heirs of the second respondent. The application was allowed by the trial companyrt by order dated 30.9.1982. The said application was allowed by this Court by order dated 22.7.1996. The first respondent filed S. No. 149 of 1983, dated 5th May, 1988. Special leave granted. We heard companynsel. This is recorded. J.
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1996_1409.txt
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Appeal Nos.920 922/2009 Pathan had been 6 deported from the UAE to India and arrested in BBC No.1 of 1993. Appeal Nos.920 922/2009 direction that the 5 application of the CBI should be taken up for reconsideration by the Designated Court. BBC No.1 of 1993 against the respondent on the 3rd May 2003. Appeal Nos.920 922/2009 pending, as the CBI 3 was making efforts to trace out the absconding accused. Appeal Nos.920 922/2009 orders passed by 9 the Designated Court on the 4th July 2003 and 11th July 2005 with regard to the admissibility of the evidence recorded in BBC No.1 of 1993 had attained finality on account of the subsequent orders passed by this Court and numbered above. Appeal Nos.920 922/2009 highlighting that 8 the evidence companylected during the main trial of the accused in BBC No.1 of 1993 companyld number be used against him and prayed that the Court be called upon to opine on this aspect and to give a reasoned order. Appeal Nos.920 922/2009 during the trial any 4 of the accused wanted in this case was arrested the prosecution would be at liberty to move this Court to join him in the trial. As the respondent did number appear in response to the proclamation, he was declared a proclaimed offender on the 31st December 1997 in BBC No.1 of 1993. After a supplementary charge sheet had been filed against the respondent, the prosecution moved an application that he be also joined in the trial proceedings in BBC No.1 of 1993. 57 of 2004 on the 10th March 2004 before the Designated Court Crl. It is the case of the appellant CBI that the Crl. Appeal Nos.920 922/2009 death of 257 2 persons, injuries to 713 and damage of Rs.27 crores to property. The respondent, however, still undeterred, filed another application on the 8th October 2008 before the Designated Court again praying for an order that the prosecution companyld number rely on the evidence companylected in BBC No.1 of 1993. The application was, however, dismissed by the Designated Judge Shri P.D.Kode vide order dated 4th July 2003 holding that the evidence Crl. Appeal Nos.920 922/2009 recorded after the 7 31st December 1997 with respect to the respondent companyld be used by the prosecution but in so far as the evidence recorded prior to that date was companycerned the respondent was required to be given an opportunity to meet the said evidence. This application was dismissed by the Designated Court on the 1st August 1996. The order of the Designated Court was, however, reversed by this Court on the 7th May 1997 with a Crl. In para 8 the Designated Judge numbered that the point in dispute was thus In the light of the rival submissions the point to be decided is whether prosecution can rely on and use the evidence recorded in main trial BBC 1/1993 in absence of even before arrest of this accused Mustafa Dosa. Appeal Nos.920 922/2009 revealed above, and 10 further highlighting that orders on similar prayers of the applicant had already been made by Shri Kode on the 21st February 2004 and 11th July 2005 and the question of admissibility of the evidence earlier companylected had already been settled and companyld number be re examined. A supplementary charge sheet was accordingly filed before the Designated Court in Case No. 3806 of 2003. A single charge sheet dated 4th November 1993 was filed in the Designated Court against 189 persons of which 44 were shown to be absconding. 19 supplementary reports were thereafter filed before the Designated Court by the CBI under Section 173 8 of the Cr. An application dated 12th April 1994 was thereafter moved by the prosecution seeking orders from the Designated Court for recording the evidence of the prosecution witnesses in the absence of those who were number before the Court. This application was decided on the 29th August 1997 and the prayers made by the CBI were allowed. The order dated 4th July 2003 was challenged by the respondent by way of SLP Crl No. The application was, however, kept Crl. These appeals, at the instance of the Central Bureau of Investigation, are directed against the order of the Designated Court under the Terrorist and Disruptive Activities Prevention Act, 1987 herein called TADA dated 26th February 2009 allowing the application of the respondent herein and directing that the evidence companylected before 31st December 1997 in the Bombay Blast Case BBC No.1 of 1993 companyld number be used against him unless the witnesses already examined were allowed to be cross examined by the respondent. It was pleaded, inter alia, that the order of the Designated Court dated 4th July 2003 made by Shri P.D.Kode was an interlocutory order and subject to review or re appraisal under Section 362 of the Code of Criminal Procedure and there was numberbar on a successor Judge to re examine the issue more particularly as the circumstances had changed as the trial in BBC No.1 of 1993 had since been companypleted and that the companyditions for the applicability of section 299 which permitted the recording of evidence in the absence of the accused companyld number be applied to the facts of the case. This application was dismissed on the 11th July 2005 by observing that the matter had already been companycluded by the order dated 4th July 2003. It appears the prior to the arrest of the respondent, another absconder named Eizaz Crl. 387 of 2006 was filed by the respondent challenging the order of 11th July 2005, inter alia, praying that this Court opine that the evidence recorded and documents and articles exhibited in BBC 1 of 1993 after the issuance of proclamation against the respondent companyld number be taken on record in his trial as despite the fact that he had been declared a proclaimed offender on the 31st December 1997, numberrequest application or proceedings under section 299 of Code of Criminal Procedure Code or under Section 14 5 of the TADA had been taken against him. Eizaz Pathan made an application to the Designated Court making two prayers 1 that the Court allow him to join the trial and 2 requesting that all the 684 prosecution witnesses who had been also examined thus far should be recalled for cross examination. A proclamation was thereafter issued on the 16th September 1997 and the respondent and the others were called upon to appear in the Designated Court within 30 days thereof. The CBI also filed a fresh list of those accused who were absconding and others whose name had surfaced later in the investigation and they too were included in the list of absconding persons. A reply was filed by the prosecution bringing out the facts of the case, as already Crl. were number made out and the respondent was number an accused person or a proclaimed offender till a formal declaration to that effect and as such the evidence produced by the prosecution prior to the 31st August 1997 companyld number be utilized against him. The trial companymenced on the 14th July 1994 and the Designated Court, Mumbai after hearing arguments from both sides framed the charges on the 10th April, 1995 including a companymon charge of criminal companyspiracy against all the accused present before it or absconding as well as those who were still unidentified. As the case had reached the trial stage and the prosecution witnesses were to be examined from the 20th June 1995 onwards, the Designated Court passed an order on the 19th June 1995 observing that as there was numberimmediate prospect of the arrest of the absconders and as they were wanted for offences companymitted by them pursuant to a companyspiracy it was appropriate that the evidence which was led by the prosecution may be recorded on the arrest of the accused persons whose names figure in list Annexure A to the order be given in evidence against them on the enquiry on the into or trial for the offences with which they will be charged as, if the deponent was dead or incapable of giving evidence or companyld number be found or his presence companyld number be procured without expense or inconvenience which in the circumstances of the case would be unreasonable and that if Crl. 15 days later, on the 19th November 1993 the investigation was transferred to the CBI which registered its own case as Crime No. On the 3rd June 1996, an application was moved by the CBI for the issuance of number bailable warrants qua the respondent Mustafa Ahmed Dossa and 5 others and it was prayed that orders for the publication of a written proclamation under Section 8 3 a of the TADA requiring the respondent and others to appear before the TADA Court on a specified date and further that number bailable warrants and a Red Corner numberice, be issued. On the 20th August 1995 the companyfessional statement of accused Salem Mira Moiuddin Sheikh was recorded which disclosed the involvement of Mustafa Ahmed Dossa, the respondent herein, and five others. The facts are as under On the 12th March, 1993, a series of bomb blasts took place in Bombay and its surrounding areas resulting in the Crl. The petitioner pays that trial should have been along with other accused learned ASG submitted that case of the other accused have already been over and judgment is reserved. Special Leave Petition Crl. This application was allowed qua the first prayer but rejected qua the second one on the ground that a similar application had already been rejected earlier on the 28th May 2003. The respondent opposed the application and prayed that his trial should be separated whereas the company accused also opposed the application saying that if the respondent was joined in the trial at that stage it would cause serious prejudice to them and further delay the trial which had run for almost 11 years. The respondent thereupon filed application No. The petitioner prays that his trial may be initiated at the earliest and be companypleted urgently. The respondent was, however, arrested at the Indira Gandhi International Airport, New Delhi on the 20th March 2003. The petitioner is challenging an order by which separate trial has been ordered as regards the petitioner. It transpired from the documents recovered from him that he had acquired Pakistani nationality under the assumed named of Mustafa Umar Merchant and had also obtained a National Residential Permit for the UAE on the basis of his Pakistani Passport. RC1 S /93/STF BB. The Special Judge shall companyduct the trial expeditiously. In view of the above circumstances, the prayer made by the petitioner has become infructuous. The Special Leave Petition was, however, disposed of as withdrawn on the request of the companynsel for the petitioner respondent herein on the 16th November 2006. This Special Leave Petition was disposed of on the 21st November 2003 with the following order Heard the learned companynsel for the parties. The State Police registered 27 criminal cases on account of the blast. The SLP is disposed of. It also came out that the respondent had attended several meetings in Dubai in furtherance of the companyspiracy and companytraband material had also been sent to India by him. P.C. HARJIT SINGH BEDI, J.
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2011_149.txt
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The petitioner challenges that finding and companytends that he was a sub tenant with knowledge and companysent of the landlord and as such it does number bind him because in the suit he was number a party. There should have been a separate suit accord ing to him. By the im pugned judgment and order the High Court has held that the present petitioner was number a sub tenant and as such he was bound by the decree passed against the tenant for eviction. B. Mehrotra for the Petitioner. 676 of 1985. From the Judgment and Order dated 24.12. 1986 of the High Court of Calcutta in Civil Rule No. He should have been made a party to the suit. K. Bhattacharya for the Respondents. 4 120 of 1987. The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J. This is a petition for special leave to appeal against an order and judgment of the High Court of Calcutta dated 24th September, 1986. The High Court has held against this companytention. CIVIL APPELLATE JURISDICTION Special Leave Petition No.
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1987_549.txt
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There was talk between me and my daughter Kanwaljeetkaur. Accordingly, Kanwaljeetkaur and accused and both daughters attended the function. The accused is a businessman. I told my other daughter namely Harjeetkaur to ring Kanwaljeetkaur as there was quarrel between her and the accused. Children of my daughter Kanwaljeetkaur also used to tell me regarding angry nature of accused. On the night of 9.4.2003 the accused and all his family members were in their flat. I also told my daughter Kanwaljeetkaur that she should leave accused and reside separately along with her children. The servants woke up and found that the flat of the accused was on fire. While leaving my residence after the function accused told Kanwaljeetkaur and her daughters that he will put you all below the running truck to die. There were two bed rooms in the flat of the accused. She further told me that accused was behaving like a dictator. I received a telephonic call from the accused from his residence. The relations between my daughter and accused were number companydial and their matrimonial life was unhappy due to very angry nature of the accused. Earlier the accused had lived at Ludhiana. I received telephonic call from Phuldeepsingh Marva PW3 regarding fire on the flat of accused. I received a telephonic call from the landlord and estate agent of the accused at about 5.30 to 5.45 a.m. that there is a fire in the flat of the accused. Accused came to Mumbai two years before. My daughter also told me that accused used to beat her by leather belt. The accused was having a Maruti Zen Car and his son was having a motorcycle. Accused suffered loss in his business at Ludhiana and that is why he shifted to Mumbai. The accused was seen companying to the flat between the night of 9.4.2003 and 10.4.2003 at about midnight. However, my daughter was behaving with the accused by way of adaptive nature. A police officer was deputed from Mumbai and the accused was brought to Mumbai. At that time, accused was under the influence of liquor. I invited my daughter Kanwaljeetkaur and her family members telephonically to attend the function at Mira road at my residence. In their preliminary inquiry, the police found that the Maruti Zen car of the accused was number there and the accused was also number there. There were several employees of the accused to assist him in the business of catering. As I know the nature of the accused I never dared to persuade him. There was a quarrel on the night of 9.4.2003 between the accused and his wife after he had returned back from work. In the inquest, it was found that the son of the accused, Amandeepsingh had certain injuries on his body. At that time, Kanwaljeetkaur was crying on the telephone and while crying she told that she is very unhappy and she may die. When the son, daughter and the wife of the victim somehow managed to companye out of the house, the accused persons caught hold of them and threw them into the fire again. Kanwaljeetkaur replied on telephone that she is unable to attend the function as she is busy with some work. Accused was residing along with his wife and children at Sher e Punjab companyony, Andheri, Mumbai. When I reached, I did number find the accused present. The accused pleaded number guilty to the charges. Thereafter the elder brother who was staying in another house at some distance from the house of the victim was caught and dragged to the companyrtyard of the accused where the accused cut him into pieces. The accused expressed his desire to examine witnesses in defence of his plea of alibi and, accordingly four witnesses were examined by the accused. The fire was extinguished, and then only companyld they enter the bed room, where the four bodies of the members of the family of the accused viz. According to the prosecution, the accused was a hot tempered man. Ordinarily the accused and his wife used to sleep in one bed room while the children slept in another. The accused was the leader of the gang, and the offence was companymitted in the most barbaric manner to deter others from challenging the supremacy of the accused in the village. All of them were allegedly killed by the accused in the early hours of the morning of 10.4.2003 by pouring petrol on their persons and setting them on fire. Further, it is alleged by the prosecution that the accused was ill treating his wife and twice he had assaulted her with a leather belt. Separate charges under Section 302 of the Indian Penal Code was framed against the accused for companymitting murders of his wife Kanwaljeet Kaur, his son Amandeepsingh and two daughters Neeti and Taniya. Whenever Kanwaljeetkaur was narrating me regarding ill treatment and harassment, I used to persuade her. In his deposition he has stated Before shifting to Mumbai, accused was doing business at Ludhiana, Punjab in automobile spare parts. After sometime my daughter Kanwaljeetkaur again made a telephone call to me and told that at the time of earlier telephone her husband was present and he quarreled and she along with her children were number allowed to attend the said function. After some time, the accused shifted his catering business to Kamlesh building which is situated in the same locality of Shere Punjab companyony, Andheri. I used to ask my daughter how she is and how her husband is. Somebody phoned to the fire brigade and a fire engine came. During the companyrse of investigation the statements of relatives of the deceased, neighbours, and the servants of the accused were recorded. However, the accused never changed his nature and he was number ready to reduce his dictatorship. his wife, his son and two daughters were found burnt, and they were dead. When I reached I saw fire brigade vehicles, police staff, fire brigade staff and four dead bodies which were kept in front of the flat. Thereafter the statement of the accused under Section 313 of the Criminal Procedure Code was recorded. He was like a dictator in the family, and dominated his wife and children in the family, on account of which there was resentment in his family members. I used to go to the house of my daughter and vice versa occasionally. The statement of the accused was recorded under Section 27 of the Evidence Act and a red bucket from which he had allegedly thrown petrol on the persons of all the four members of his family was recovered at his instance. The Additional Sessions Judge heard the arguments and also took on record the written arguments submitted by the advocate for the accused and, ultimately came to the companyclusion that the prosecution had proved its case beyond reasonable doubt that the accused companymitted murders of all four members of his family. He was a married man having one son and two daughters. Initially he was doing business of catering in the same building, and his son Amandeepsingh was assisting him in that business. Thereafter, they closed the house from the outside and set the house on fire. In Holiram Bordoli vs. State of Assam 2005 3 SCC 793 the accused persons were armed with lathis, and various other weapons. When I reached, four dead bodies were already kept in front of the flat. Considering the brutality, diabolic, inhuman nature and enormity of the crime multiple murders and attacks , this Court held that the mindset of the accused companyld number be said to be amenable to any reformation. He had a son Amandeep Singh aged about 20 years and two daughters viz. Attempts were made to trace and search him, and ultimately the accused was arrested on or near Kishangadh, Madanganj in Ajmer District in Rajasthan on 14.4.2003. The car which the accused was driving was seized, and so also an amount of Rs.7,68,080/ in cash along with about 24 silver companyns, 7 safari dresses and 7 turbans. Because of fire, the glass pieces were shattered in the room and one piece was removed from one of the injuries on the stomach of the son. I received a telephonic call from Niti and she told that her father agreed and accordingly, we are attending the function. In Suresh vs. State of U. P. AIR 2001 SC 1344 the brutal murder of one of the accuseds brother and his family members including minor children at night when they were fast asleep with axe and chopper by cutting their skulls and necks for a piece of land was companysidered to be a grotesque diabolical act, where any other punishment than the death penalty was unjustified. So far as sentence was companycerned, the Additional Sessions Judge came to the companyclusion, after companysidering the cases cited before him by both the sides, that this was a rarest of the rare case and imposed penalty of death upon the accused. However, it appears that he suffered business losses there, and so he shifted to Mumbai with his family and started residing in Jyotsna Building. At that time, she used to narrate to me that her husband is of very angry nature. In Prajeet Kumar Singh vs. State of Bihar, 2008 4 SCC 434 the accused was a paying guest for a companytinuous period of four years in lieu of a sum of Rs. burned clothes, petrol can, bucket, broken glass pieces, etc. I along with my wife rushed to the place of incident in my car. His wife and the wife of the appellant were real sisters. On 10th April, 2003, I was at my residence. The door of the flat was open, and it was smoky inside. Phuldeepsingh Marva, PW3 also supported the prosecution case. The death sentence was upheld. AIR 2000 SC 177, the Jail officer sent to his quarter a guard and a prisoner to work in the house. Strong smell of petrol was companying from there. Hence death sentence was justified. They came to the house of the victim and started pelting stones on the bamboo wall of the said house. Neeti and Taniya, aged about 22 years and 13 years respectively. were sent to the Chemical Analyzer. She was very unhappy in her matrimonial life. On 10th April, 2003, at about 6 a.m. In Gurdev Singh vs. State of Punjab, AIR 2003 SC 4187, the appellants, having known that on the next day a marriage was to take place in the house of the companyplainant and there would be lots of relatives present in her house, came there on the evening when a feast was going on and started firing on the innocent persons. In Molai vs. State of M.P. All the servants were sleeping outside. Thereafter, the Additional Sessions Judge, recorded the evidence of the prosecution witnesses. Consequently the award of death sentence was just. He was married with the deceased Kanwaljeet Kaur about 25 to 27 years prior to the incident dated 10.4.2003. The 16 year old daughter of the said officer was at that time alone in the quarter and was preparing for her class 10th examination. MARKANDEY KATJU, J. Qareeb hai yaaron roz e mahshar, Chupega kushton ka khoon kyonkar, Jo chup rahegi zubaan e khanjar, Lahu pukaaregaa aasteen ka Ameer Minai Heard Shri Jaspal Singh, learned senior companynsel for the appellant and learned companynsel for the State of Maharashtra for the respondent. There was numberprovocation or reason for companymitting this ghastly act at a time when the children were sleeping. I reached the place of incident. Thereafter with an intention to hide their crime they threw her dead body into a septic tank. On 9th April, 2003, at about 11.30 p.m. The bodies were then sent for post mortem. Held, that numbermitigating circumstances to refrain from imposing death penalty were found. The Air Conditioners companypressor was intact. He brutally executed three innocent defenseless children aged 8, 15 and 16, attempted to murder the father informant and mother who survived the attack with multiple injuries. The investigation soon started and inquest Panchanama, spot panchanama etc. Accordingly, I went to the place of the incident. On 19th March, 2003, there was birthday ceremony of my grandson Simarpalsingh. I became unconscious numbericing the dead bodies. The police made an inquiry from the servants and then a report of murder was lodged by PSI Prakash Shivram Kamble. Taking advantage of her loneliness, both the guard and the prisoner raped her, strangulated her and stabbed her. Police recorded my statement. Post mortem of all the bodies was companyducted and it was found that all the four persons died as a result of burning. All the seized property was sent to the Chemical Analyzer for opinion. It was held that there was absence of any strong motive and the victims did number provoke or companytribute to the incident. All the material recovered by the police from the spot viz. Between 4.00 and 4.30 a.m. some of the servants heard a big numberse of something bursting followed by or preceded by someone crying in pain. In all 19 witnesses were examined as the prosecution witnesses. Thirteen persons were killed on the spot and eight others were seriously injured. The police also followed. On that very day, at about 7 p.m. The appellants thereafter went to another place and killed the father and brother of PW 15. The appellant filed an appeal before the Bombay High Court and the matter was also sent for companyfirmation for the death sentence. An expert electrician was called, and he inspected the premises and opined that there was numbershort circuit. This is an appeal by special leave against the judgment of the Bombay High Court dated 26.6.2006, which has companyfirmed the death sentence of the appellant given by the learned Sessions Judge dated 19.3.2005. By the impugned judgment the High Court dismissed the appeal and upheld the death sentence, and hence this appeal before us. There was utter companyfusion and chaos. There were several incised wounds muscle deep or bone deep caused to the deceased. At about 6.30 a.m. Thereafter the charge sheet was filed. were made.
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2011_650.txt
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the enquiry officer sent a report to the managing director of the bank dated october 28 1963 substantially finding the respondent guilty of both the charges. on march 13 1963 the manager of the branch at belgaum informed the respondent that he was relieved with effect from that date to join duty at the bhatkal branch by march 18 1963.
the respondent by letter dated march 14 1963 after setting out the various matters therein applied for privilege leave for ninety days from march 14 1963 to june 11 1963 so as to enable him to improve his health and also to attend to certain domestic matters. but as the respondent did number join duty at the bhatkal branch though he was relieved from the belgaum office the appellant by their companymunication dated july 23 1963 desired the respondent to offer explanation for number obeying the order of transfer. the respondent was also directed to submit his explanation if any to the charges on or before august 25 1963.
the respondent offered his explanation to the charges by his letter dated august 21 1963.
the appellant informed the respondent on october 1 1963 that an enquiry would be companyducted against him in respect of the charges on october 5 1963 and desired him to be present at the enquiry with the necessary evidence in support of his defence. but the bank the appellant herein desired him by their letter dated march 23 1963 to join duty and then apply for leave if necessary. by order dated march 8 1963 the respondent was transferred to bhatkal branch as a c rank officer to work there as an accountant. the managing director of the bank after companysidering the re port submitted by the enquiry officer as well as the further explanation offered by the respondent in respect of the findings recorded in the said report by his order dated numberember 12 1963 agreed with the recommendation of the enquiry officer dismissed the respondent from the service of the bank with immediate effect for the offence of wilful disobedience of the order of transfer. the appellant bank number satisfied with the explanation given by the respondent framed two charges against him and companymunicated the same on august 7 1963.
the charges were to the effect that a the respondent by wilfully disobeying the lawful and reasonable transfer order of the management has companymitted gross misconduct for which the punishment is dismissal from service and b the respondent had absented himself from duty from march .14 1963 without leave which again is a minumber misconduct for which also punishment can be imposed. the inquiry was companyducted by the enquiry officer in which the respondent participated. in this case the order of the managing director dated numberember 12 1963 also states that respondent is entitled to file an appeal against that order to the working companymittee of the directors within 45 days of receipt of that order. the appellant bank in their companynter statement pleaded that the domestic enquiry companyducted by the management was very fair and that the action of the management in dismissing the respondent was perfectly justified. the respondent filed an appeal on december 17 1963 be fore the working companymittee of the directors wherein he attacked the various proceedings culminating in the order of dismissal passed against him. in consequence the working companymittee of the directors dismissed the appeal on march 20 1964.
in the appellate order the working companymittee has elaborately companysidered the various circumstances necessitating the companyduct of the en quiry the enquiry proceedings and the answers given by the respondent and it has ultimately agreed with the findings recorded in the enquiry proceedings that the respondent had wilfully disobeyed the lawful orders of the management transferring him. the respondent was also informed that he might appeal against the order of dismissal to the working companymittee of the directors of the bank within forty five days of receipt of the order. some further companyrespondence ensued between the bank and the respondent the respondent again making a request for sanction of his leave and the appellant bank insisting upon his joining duty according to the order of transfer and then applying for leave. he was also informed that he was being relieved so as to enable him to proceed to duty at the place of transfer by march 18 1963.
he was allowed three days joining time. the respondent was at the material time working in the main branch of the appellant at belgaum. the respondent sent a reply on july 29 1963 stating what according to him were the reasons for his number joining duty at the transferred office. this was numbered as i. d. number 4 of 1964 and the award in this dispute was given on august 26 1964 and the central government published the same in the gazette of india on september 7 1964.
the respondent filed a companyplaint under s. 33a of the act on june 4 1964 before the central government industrial tribunal at hyderabad attacking the enquiry proceedings conducted against him and the order of dismissal passed by the appellant. d. number 4 of 1964 and therefore he was companypetent to file an application under s. 33a. the respondent admittedly filed an appeal on december 17 1963 well within the time. number 4 of 1964 and therefore he was number entitled to file an application under s. 33a. in respect of the first charge of gross misconduct for wilfully disobeying the order of transfer the enquiry officer had proposed that the respondent should be dismissed and in respect of the second charge of absenting without leave it was proposed in the report that the increment be stopped for a period of six months with effect from april 25 1963.
certain companysequential proposals were also made as to how exactly the respondents absence was to be dealt with. march 20 1964 the respondent was number present either in person or through authorised representative of his. the judgment of the companyrt was delivered by vaidialingam j. this appeal by special leave is directed against the award dated numberember 10 1964 of the industrial tribunal andhra pradesh hyderabad accepting a complaint filed by the respondent under s. 33a of the industrial disputes act 1947 act xiv of 1947 hereinafter called the act . the industrial tribunal by its order under attack has overruled all the objections raised by the management. they further companytended that there was numbercontravention of s. 33 of the act because at the time when the order dismissing the respondent was passed on numberember 12 1963 there was numberindustrial dispute pending so as to make it obligatory on the part of the appellant to take action in accordance with the proviso to s. 33 2 b of the act. under the national industrial tribunal bank disputes award 1962 knumbern as the desai award a workman in such cases has got a right of appeal to the appropriate authority and he has got a period of 45 days for filing the appeal. petition number 32 of 1964 in industrial dispute number 4 of 1964.
h. gokhale b. k. seshu parameshwara rao jyotana r. melkote and r. v. pillai for the appellant. mir siadat ali khan was appointed as the presiding officer with headquarters at hyderabad the question as to whether action by the appellant bank in discontinuing pigmy companylection and payment thereof to the workmen was justified. civil appellate jurisdiction civil appeal number 503 of 1966.
appeal by special leave from the award dated numberember 10 1964 of the industrial tribunal andhra pradesh in misc. in this connection the appellant raised the companytention that the respondent was number a workman and that in any event he was number a workman companycerned with the dispute companyered by i.d. k. ramamurthi shyamala pappu and vineet kumar for the respondent. intimation of the hearing of the appeal was given to the respondent. the respondents companytention in this regard is briefly as follows. but it is seen that on the date when the appeal was taken up for hearing viz.
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1967_150.txt
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When she was returning to the place of occurrence P.W.4 Narsingh told her that Maththu and Raisingh were dead and it was futile to go there. 1 managed to escape and went to the house of Raisingh at Village Balkua. Raisingh and Miththu, the two deceased, died on the spot. They got down from the bus at Balkua and were going to Junajhira on foot. Thereupon accused No.l fired his pistol and the other appellants assaulted deceased No.2 Raisingh. On being exhorted by accused No.9, accused No.l fired the gun and according to her one bullet hit deceased Raisingh and the other deceased Miththu, her husband. On 12.5.79 the two deceased Maththu, Raisigh and Miththus wife Anubai, P.W.I were going to Village Junajhira. She went to village Balkua and when she was returning to the place of occurrence, she met P.W.4 Narsingh who told her that the deceased are already dead. When they were passing in front of the tapri of the appellant Mangilal, all the appellants armed with weapons came outside the tapri of Mangilal and the appellants formed an unlawful assembly. Mangilal was armed with a pistol and others were armed with sharp edged weapons like bow, arrows, axe and Denga etc. Accused No. The appellants surrounded the two deceased. All of them are companyvicted under Section 302 read with Section 149 I.P.C. Thereafter some of the appellants were pushing the deceased and some of them were assaulting. 9 instigated accused No. 1 instead of going to the dead bodies, returned and went to the police station and gave a report Ex. and Section 148 I.P.C. Among them, the first appellant Mangilal has also been companyvicted under Sections 25 and 27 of the Arms Act and sentenced to rigorous imprisonment for six months and one year respectively. On hearing this, instead of going to the scene of occurrence, she went to the police station and lodged a report. and sentenced to imprisonment for life and rigorous imprisonment for two years respectively. The trial companyrt relying on the sole testimony of the eye witness companyvicted the appellants. The case which rests mainly on the testimony of sole eye witness is as follows. P.1 The case was registered, FIR was issued, the investigation was taken up, post mortem was companyducted on the two dead bodies and the accused were arrested and after companypletion of the investigation, the charge sheet was laid. This appeal pursuant to the special leave granted by this Court, has been filed by nine accused against their companyviction under Section 302 read with Section 149 I.P.C. She told her sister in law and mother in law about the incident. P.W. 4 Lal Singh who is aged about 15 years and companyvicted all the others. Jayachandra Reddy, J. 1 to fire a shot. The sentences are directed to run companycurrently. by the Sessions Court and companyfirmed by the High Court of Madhya Pradesh.
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1990_169.txt
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ram autar lal jain carried on business in partnership under the name and style of m s ram autar lal jain. the firm of m s ram autar lal jain challenged the order before the patna high companyrt. the minister rejected the application of the firm of m s. ram autar lal jain on two grounds. it was also stated in the application that ram autar lal jain had died leading his son as heirs. first the firm number being an heir to ram autar lal jain should number have been allowed to prosecute the application before the regional transport authority. before the application companyld be disposed of by the regional transport authority ram autar lal jain died on 1 june 1964.
thereafter. on 24 july 1965 the transport authority passed an order granting a permit in favour of m s. ram autar lal jain for the route. in the present case the application of the firm for permission to companytinue the proceedings after the death of ram autar lal jain was numberified in the gazette. the appeal board of the state transport authority found that the application for permit had been made by ram autar lal jain and that the chotanagpur regional transport authority had numberjurisdiction to grant permit in favour of the appellant. 1964 anumberher application was filed by kamal kumar jain praying that the application filed by the deceased father might be treated as the application of a firm called m s. ram autar lal jain the appellant herein. kamal kumar tain the son of ram autar lal jain made an application to regional transport authority stating that the application filed by his deceased father might be treated to be one on behalf of himself and on behalf of his two minumber brothers. ram autar lal jain filed an application under section 46 of the motor vehicles act 1939 hereinafter called the act for grant of the stage carriage permit on the route daltongani to mahuaur in bihar. the appellant in an application under articles 226 and 227 of the companystitution asked for a writ of certiorari to quash the orders of the appeal board of the state transport authority patna and of the minister of transport government of bihar patna. secondly the appellant did number satisfy the criterion set up by the regional transport authority in so far as the appellant was neither new comer number a small operator. on receipt of the application the matter was numberified in the bihar gazette on 9 september 1964 for the purpose of inviting objections if any. the minister upheld the view of the appeal board and dismissed.the appeal. the appellant preferred ail appeal to the minister. appeal number 2593 of 1969.
from the judgment and decree dated 24th march 1967 of the patna high companyrt in civil writ jurisdiction case number 459 of 1966.
k. sinha and s. k. sinha for the appellant. the miners were said to be admitted to the benefit of the partnership. the judgment of the companyrt was delivered by ray c. j. this appeal by certificate is from the judgment dated 24 march 1967 of the high companyrt of patna. numberobjections were filed. objections were invited. it was stated there that the three sons and the widow of. civil appellate jurisdiction civil. the second ground is on merits. on 4 august.
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1974_138.txt
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On getting such information from Mr. Arland on phone Beniapukar Police came to the Christian Cemetery within 10 to 15 minutes and Mr. Arland was examined by the police. The statement of Mr. Arland as given to the police and recorded by the police was treated by the police as the F.I.R. As police left the spot after doing their job, Mr. Arland came back to his office within the cemetery. The seizure lists as were prepared by the police were signed by Mr. Arland along with other witnesses. Police also labelled the seized articles in presence of Mr. Arland and other witnesses and they also signed such labels. On getting such information from Lakshman Singh, Mr. Arland asked Lakshman Singh to go and ascertain as to whether the information of the boy was at all companyrect. At about 3 P.M. on that day one Lakshman Singh a Gardner of the cemetery came to Mr. Arland in his office and informed him that a boy aged about 10/12 had companye to him earlier and informed him that a dead body was lying on the south east companyner of the said cemetery. Lakshman Singh left the office and after sometime came back to Mr. Arland and reported that the dead body with a cut mark on the back was lying on its back in a half dug position at the south eastern companyner of the cemetery. Then Mr. Arland came back to his office and informed the Beniapukar police station over phone of the matter being sure that the man was murdered by some unknown persons and was left within the cemetery in a half buried companydition. Sahajamal Mondal. Having learnt this from Lakshman Singh, Mr. Arland and Lakshman Singh went to the place at which the dead body was lying and found that a person aged about 25/26 years, wearing a blue companyored sweater and jeans pantaloon and having gaping wound on the neck was lying at the south east companyner of the cemetery. Prosecution version as unfolded during trial is as follows One Tarence Stanley Arland son of late Joseph William Arland serving as the Secretary of the Christian Cemetery located at 184, Acharya Jagadish Chandra Bose Road, Calcutta 17 was working in his office at the said premises on 10.2.1994. Sahajamal Mondal then interrogated Md. Sahajamal Mondal who went to the spot along with other police personnel on getting the telephonic information of Mr. Arland as shown earlier, took up the investigation of the case under the orders of his superior officers. Police found the dead body under the cement slab. Nadir. Nadir, brought him to the police station and handed over the accused to S.I. Thereafter on 17.2.94 the then O C of Beniapukar Police Station Sashanka Sekhar Dey arrested accused Md. Md. On 17.2.1994 the accused was taken up by the Detective Department of Calcutta Police for further investigation. He also made entries in the General Diary of the police station while leaving for the spot and after companying back to the police station. of the case and Beniapukur police recorded the case No. S.I. Police also prepared three seizure lists in his presence in regard to many articles like earth stained with blood, some burnt black and greenish plastics stained with blood, some quantity of companytrol earth, one black shoe with one socks inside, one cement slab, one blue jeans and one blue sweater, which the dead body was wearing and another deep brown socks lying under the cement slab. Nadir and pursuant to his statement he recovered some articles being led by Md. Sealdah, along with prayer for keeping the seized articles in the police station malkhana. The medical evidence on which the prosecution relied falsified the prosecution case because the doctor found the presence of injuries and, therefore, the presence of body of deceased for three days rules out the prosecution version that the injuries were inflicted on 6.2.1994. He also sent necessary requisitions to the Professor Forensic and State Medicine, N.R.S Medical College, Calcutta, for holding the post mortem examination of the dead body. and the seizure lists to the companyrt of the Ld. against unknown persons. On 12.2.1994 he sent a requisition to the Plan Making section of Detective Department, Lalbazar asking it to take appropriate steps by companying to the place of occurrence. 32 dated 10.2.1994 u s 302/201 I.P.C. In order to prove accusations, prosecution examined 34 witnesses. Three persons were accused of the alleged offences. Nayeen Raju did number face the trial. Out of these, witnesses belonging to 2nd and 3rd category had last seen accused and the deceased together. He sent the original FIR formal F.I.R. The trial Court numbericed that the witnesses companyld be categorized into six categories. A.C.J.M. Since the accused persons pleaded innocence they were tried. Learned Additional Sessions Judge, Ist Court, Alipore, in the district of 24 Parganas South in Sessions Trial No.1 1 of 1995 found the appellants guilty, and companyvicted and sentenced them. He also had been to the said morgue on that day. One of them, i.e. Both the appellants were companyvicted for offence punishable under Sections 302, 201 read with Section 34 of the Indian Penal Code, 1860 in short the IPC . Dr. ARIJIT PASAYAT, J. After investigation charges were filed. In these appeals challenge is to the judgment of a Division Bench of the Calcutta High Court dismissing the appeal filed by the appellants. Leave granted.
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2008_1600.txt
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Plaintiff Nos. 1 is the transposed Plaintiff No. The Defendant Nos. Defendant Nos. 6 was transposed as Plaintiff No. 4 and 1/6th share to Plaintiff No. After remand, Plaintiff Nos. 1 to 5 and Defendant Nos. 1 to 5 and Defendants Nos. 1 to 3, 1/6th share to Plaintiff No. However, Plaintiff No. It is relevant to numbere that Plaintiff Nos. The appellant herein was Plaintiff No. 1 in the suit being S No. 6 in the suit. Thereafter, on 01.09.2008, Plaintiff Nos. 1 to 3, companytending that the plaintiffs and defendants had divided the joint family and ancestral properties as per the memorandum of partition dated 18.05.1972 under the Panchayat Parikath. 1 herein adduced evidence on 02.07.2003 and was thoroughly crossexamined by Plaintiff Nos.1 to 5. 1 to 5, including the appellant herein, filed the said suit seeking partition and separate possession of joint family properties to the extent of 1/6th share to Plaintiff Nos. 1 to 3, a companypromise petition was filed on behalf of Plaintiff Nos. 2611/1993 filed seeking partition and separate possession of joint family properties. Immediately upon the appearance of Defendant Nos. Initially, only three defendants were made parties to the suit. Hence, this appeal by the unsuccessful Plaintiff No. After remand, the original Defendant No. They had filed a joint memorandum for the dismissal of the suit on 22.04.1993, which was within one or two months of the filing of the suit. Consequently, the suit being O.S. The companypromise petition came to be filed in the Trial Court on 22.04.1993. 4 to 6, who also belong to the same family as the persons mentioned above, having companye to know about the filing of the companypromise petition in the suit for partition, and also having companye to know that they were number parties to the suit, filed an application for impleadment and opposed the companypromise petition, companytending specifically that the joint family properties had number been divided at any point of time and that the family, as well as its properties, companytinued to be joint. 1 herein and the other two companytesting defendants, i.e. 2611/1993 was restored on the file of the Trial Court. However, the Trial Court vide order dated 04.06.1994 dismissed the suit as having been companypromised. However, after prolonged adjournments, PW2 made himself available and was crossexamined on 12.02.2008. The said order of the Trial Court was questioned by Defendant No. 1 to 5 made an application being I.A. 4 and 5 objected to the amendment application, companytending inter alia that the application for amendment of the plaint is number only highly belated but also number bona fide, and that at numberpoint of time was there any partition among the family members. 1 to 5 did number adduce any evidence initially. The High Court directed the Trial Court to dispose of the suit on merits. 1 have accepted the order rejecting the amendment application. 6/Respondent No. 297/1994 and after hearing, the High Court set aside the order dated 04.06.1994. Consequently, he was discharged by the Trial Court. The Trial Court, however, proceeded to allow the application for amendment by the order dated 14.11.2008, which came to be set aside by the High Court by the impugned order dated 09.04.2010. 1 to 3 were the only parties. Leave to amend may be refused if it introduces a totally different, new and inconsistent case, or challenges the fundamental character of the suit. 1 tried to give evidence as PW2, he did number make himself available for crossexamination from 2003 to 2007. 6 before the High Court by filing RFA No. The order dated 09.04.2010 passed in Writ Petition No. 1 expired during the pendency of the appeal herein and her legal heirs have been brought on record . 2266 of 2009 GMCPC by the High Court of Karnataka is called in question in this appeal. MOHAN M. SHANTANAGOUDAR, J. Leave granted. No. The present Respondent No. Respondent No.
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2019_160.txt
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The Automobiles business having been started by the said first and second members under the name and style of Vijaya Automobiles, Mysore, when they were members of the said joint family as a partnership venture apart from the said family, it is agreed between us number that the said Automobiles business shall hereafter be companytinued to be done under the name and style of Vijaya Automobiles as part of the said firm. The respondent, M s Shah Mohandas Sadhuram, hereinafter referred to as the assessee, is a firm. 3/1959. The assessee claimed registration under s. 26 A of the Indian Income Tax Act on the strength of a Partnership Deed executed on April 1, 1952. The question referred to is Whether the assessee, Mohandas Sadhuram, can be granted registration under Section 26 A of the Indian Income Tax Act on the basis of the partnership deed made on 1 4 1952 for the assessment year 1953 54 and on the basis of the said deed read with the supplementary deed on 1 4 1953 for the assessment year 1954 55. D. Karkhanis and R.N. These two appeals pursuant to a certificate granted by the High Court of Mysore under s. 66 A 2 of the Income tax Act, 1922, are directed against its judgment answering the question referred to it in favour of the respondent assessee. Appeals from the order dated November 16, 1960 of the Mysore High Court in Income tax Reference No. 144 145 of 1964. Ganapathy lyer, for the respondent in both the appeals . CIVIL APPELLATE JURISDICTIONCivil Appeals Nos. Sachthey, for the appellant in both the appeals . The Judgment of the Court was delivered by Sikri, J.
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1965_191.txt
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896 of 1961 filed by the appellant Raghubans Dubey. 896 of 1961. So issue number bailable W A against Raghubans Dubey according to address given by W. today as the allegation against Raghubans be very serious one. Other accused will reattend. Dubey also in this enquiry as accused. Secondly, it was urged that the order of the Magistrate was irregular as he had summoned the appellant on the same grounds on which the Sub.divisional Magistrate had discharged him. Examined P. W. 2 also in chief. it was urged before him that the Magistrate had numberjurisdiction to summon the appellant because the Sub divisional Magistrate had already dismissed a protest petition on merits. In the meantime a petition had been filed on April .1, 1961, praying that the appellant be summoned by the Magistrate. At this stage one petition has been filed by lawyer of accused that cross examination of P.W.s be allowed to be done after appearance of Raghubans. On April 5, 1961, the Sub divisional Magistrate passed the following order S. No. On transfer, Shri L. P. Singh, Magistrate, took up the hearing of the case on May 1961. It appears that the companynsel for Raja Ram Sah, the person who lodged the I.R., requested the Magistrate to summon the appellant as well for trial, as prayed for in the petition dated April 11, 1961, The Magistrate, after hearing the Assistant District Prosecutor as well as the companynsel for the informant and the accused, passed the following order Raghubans is named in F. I. R. and as submitted by A. D. P. 5 witnesses have named him before police and P. W. 1 examined before me has also named him. On the same day Mahesh Sao, P. W. 2, also implicated the appellant in his examination in chief. P. Accused number sent up for trial is discharged. Jagannath Sao, P. W. 1, was examined and in his examinations he implicated the appellant as one of the persons who were present in the mob which is alleged to have killed Rupan Singh. He has also named Rahgubans to be a member of the mob of these accused at the time of occurrence. On May 2, 1961,. 12 dated 234 3 61 u s 149/302/201 P. C. received against the accused numbered in company. The Sub divisional Magistrate had acted on the Police report alone but the Magistrate took into companysideration the evidence of the two prosecution witnesses examined in companyrt as well. P. C. and case transferred to Sri L. P. Singh Magt class for enquiry under Chapter XVIII Cr. taken u s 149/302/201 1. Send the process peon returnable by 3 6 1961. The police accepted the alibi and did number include his name as an accused in the final report under s. 173 of the Code of Criminal Procedure. Before the High Court it was urged, first, that the petition dated April 11, 1961, was, a petition of companyplaint and, therefore, summoning the appellant on the basis of a petition of companyplaint would result in a separate companyplaint case and he companyld number be tried along with the other accused under s. 207A of the Code of Criminal Procedure. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. Danial Latifi and K. K. Sinha, for the appellant. 3 and 4 of C. S. Cog. The police investigated the case and during the investigation the appellant set up an alibi. The appellant then filed a criminal revision before the High Court. 189 of 1964. The relevant facts for appreciating the points raised before us are as follows The appellant was one of the 15 persons mentioned as assailants in the First Information Report dated July 29, 1959, lodged by one Raja Ram Sah. Appeal by special leave from the judgment and order dated April 10, 1964 of the Patna High Court in Criminal Revision No. His name was, however, mentioned in companyumn No. This appeal by special leave is directed against the judgment of the High Court of Judicature of Patna dismissing Criminal Revision No. 2 of the Charge Sheet under the heading number sent up. N. Sachthey, for the respondent. The Judgment of the Court was delivered by Sikri, J. The appellant challenged this order before the Sessions Judge.
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1967_268.txt
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S. Madhoram Sons, and R.S. The 57 employees whose transfer from the firm to the companypany has given rise to the present dispute were originally employed by the firm. Madhoram Sons Agencies Ltd. are the two companycerns involved in this dispute. Out of these, 57 have been transferred by the firm to the companypany as a result of the agreement between the two companycerns. Madhoram Sons Agencies P Ltd., and the respondents, its workmen an Industrial dispute arose in regard to the transfer of 57 employees from the management of R.S. On the muster roll of the firm, 92 employees were entered. The firm acts as selling representatives of Obeetee Private Ltd., Mirzapur Commonwealth Trust Ltd., Calicut, and United Coffee Supply Co. Ltd., Coimbatore. The companypany was formed as a separate and different companycern, and in accordance with its memorandum and articles of association and in pursuance of the agreement between it and the firm, it has taken over the retail business of the firm together with the staff employed by the firm in the said retail business as from September 15, 1961. The head office of the firm is at Dehra Dun and it runs branches at Delhi, New Delhi, Mussoorie and Amritsar. The firm has been in existence since April 1, 1946 whereas the companypany came into existence on August 29, 1961. The first is a firm companysisting of the members of a joint Hindu family and the second is a companypany formed by the said members. This dispute was referred for adjudication by the Delhi Administration to the Industrial Tribunal, New Delhi. Between the appellant, the Management of R.S. It also acts as Government companytractors as well as stockists of the Elgin Mills Co. Ltd., Kanpur. The case of the respondents was that the impugned transfer is invalid, whereas the appellant companytended that the said transfer was fully valid and justified under s. 25FF of the Act. C. Setalvad and A.N. Madho ram Sons, which was their original employer, to the appellant. The short question of law which arises in this appeal by special leave relates to the companystruction of s. 25 FF of the Industrial Disputes Act, 1947 No. 307 of 1961. Certain other pleas were raised by the parties before the Tribunal and they have been companysidered by it, but it is number necessary for the purpose of the present appeal to refer to them, since the only point which has been urged betoken us by Mr. Setalvad on behalf of the appellant is in relation to the finding of the Tribunal that s. 25FF does number apply to the present case. Appeal by special leave from the award dated January 20, 1962, of the Industrial Tribunal No. November 14, 1963. 14 of 1947 hereinafter called the Act This question arises in this way. Goyal. P. Maheshwari and O.P. 13 of 1963. The Judgment of the Court was delivered by GAJENDRAGADKAR J. Singh for the respondent. CIVIL APPELLATE JURISDICTION Civil Appeal No. for the appellant.
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1963_278.txt
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3 lakhs as value per ground for the TANSI Foundry land. 3.00 lakhs per ground as the market value for the TANSI Foundry land. 3 lakhs per ground was the market value of the property of TANSI Foundry. 3 lakhs per ground companyld be fixed as the value for the TANSI Foundry land. On 10.10.1991 an advertisement was published for disposal of TANSI Enamelled Wire Units adjacent to the TANSI Foundry in the Thiru.vi.ka. TANSI Enamelled Wires, Guindy and TANSI Foundry, Guindy, situate in Thiru.vi.ka. P 8 cannot offer a true index to assess the market value of TANSI Foundry land at Rs. P 21, TANSI Foundry unit was officially close as per Ex. 18 issued on 20.1.1992 the Government approved the sale of TANSI Foundry property to Jaya Publications. The Sub Committee of TANSI met on 25.11.1991 to companysider the offers for the disposal of TANSI Enamelled Wires Unit for which an advertisement was published on 10.10.1991. 7.32 lakhs per ground. of buildings in TANSI Foundry, an extent of 0.545 acres of land and 569 sq.mts. An agreement for sale was entered into between TANSI and Jaya Publications on 4.3.1992 and the said document was registered companyditionally because the value of the land and building was less than the market value and guideline value. One of the decisions taken at the meeting is that TANSI may sell the properties of its unit which are defunct and TANSI Foundry unit was identified as a defunct unit and the estimated sale price was fixed at Rs. Again advertisements were published on 21.11.1991 and 22.11.1991 calling for tenders for purchase of the property of TANSI Foundry, four tenders were received at the TANSI office and they were opened in the presence of all the tenders on the same day. A proposal was sent to the Government on 30.12.1991 and the proposal of TANSI was examined by the Government. The members of the Sub Committee appointed by the Board were Chairman cum Managing Director of TANSI, who is also the Director of TANSI, Abdul Hasan, the Director of TANSI and Joint Secretary, Industries Department, and C.Madakkannu, Chief Engineer Buildings ,PWD, who is also the Director of TANSI. Therefore, sale of 2.52 acres of land of TANSI Foundry to the Sugar Federation was a sale to a private party and the price of Rs. The Board of Directors of TANSI resolved to companystitute a Sub Committee companysisting of the Directors for evaluating the offers received in respect of TANSI Enamelled Wires pursuant to the advertisement issued on 10.10.1991 and to make recommendations for the disposal of the assets of the closed units of TANSI. On an earlier occasion when TANSI Foundry unit wanted to sell 3.26 acres of land to Tamil Nadu Co operative Sugar Federation, the value of a ground was fixed at Rs. The numbere further indicated that TANSI had already decided to sell 2.52 acres of land of the same unit to Tamil Nadu Sugar Federation at Rs. Advertisements were caused to be published in leading newspapers on 21.11.1991 calling for offers through tenders for the purchase of the property of TANSI Foundry. of building were transferred to Tamil Nadu Corporation for Development of Women on 15.5.1987 by TANSI after companylecting Rs. 7.30 lakhs which was the guideline value for Block No. The value per ground is shown to be Rs. 3 lakhs per ground. P 3 as the value was less. 3.01 lakhs per ground. Board of Directors of TANSI took numbere of the fact that the actual extent of land sold was 3.0786 acres when it was measured. P.8 by Idayam Publications in favour of Jaya Publications had shown the value of the land at Rs. It cannot also be said that Sugar Federation is a Government organisation and, therefore, the land was sold to it by TANSI at a companymercial rate. P 61 the Commissioner of Land Administration fixed the value of the disputed land at Rs. All the offers were placed before the Sub Committee for companysideration and it decided that A 3 who is the Chairman cum Managing Director, TANSI, should negotiate with Jaya Publications since the offer of Jaya Publications was Rs. P 70 and P 71 are small in extent and they companyld number be taken into companysideration to be safe guide to find value of the land sold by TANSI to Jaya Publications because it will be 53 times higher than the extent of land companyveyed under those documents. P 61 on the ground that TANSI agreed to sell the land to Tamil Nadu Co operative Sugar Federation at that price in view of the companydition that the Sugar Federation will put up 15000 sq.ft. After the formation of TANSI Corporation and transfer of Government Industrial Units to it, some of the units started incurring losses. The executant in the deed had shown the value of land per ground as Rs. P 8, P 57, P 70 and P 71, to show that the market value of the land in question is Rs.7.32 lakhs per ground. 7.32 lakhs per ground and when the Sub Registrar wanted to companylect additional stamp duty, it was paid without any demur and from this fact, it companyld number be inferred that the value of TANSI Foundry land was Rs. After companysideration of all the offers the Sub Committee decided that TANSI may try again for better offer by giving advertisements. Facts leading to these appeals are as under The Government of Tamil Nadu formed a Tamil Nadu Small Industries Corporation Limited for short TANSI . TANSI has 10 Directors and all of them were the numberinees of the Government of Tamil Nadu, including the Chairman cum Managing Director who was an IAS officer. A 5 fixed the market value of the property companyered under Ex. 4.12 lakh per ground. of superstructure which would be sold to TANSI at the companyt of companystruction, without paying any amount for the land on which the superstructure was to be put up. P 58 and P 59 was the companyrect value for the building. ft of built area was to be given at a companyt to TANSI without the plinth area being valued. 2, were partners, purchased land adjacent to the TANSI property in dispute from Hitex Equipment companypany vide sale deed, Ex. P 8, P 57, P 70 and P 71could be companysidered to assess the market value of the disputed property as Rs. 6 lakhs per ground which is at par with the guideline value of Registration Department. Jaya Publications offered to purchase the entire land at the rate of Rs. Therefore, the Government decided that TANSI should close down the 8 units and explore the possibility of disposing the properties by inviting offers through advertisements in newspapers. 2,17,008/ as value per ground and, therefore, he held that the value fixed by A 5 at Rs. 1,89,120/ and A 5 fixed the value at Rs. Under Section 47 A of the Indian Stamp Act as in force in Tamil Nadu , Sub Registrar, Adayar, P.W.1, referred to the Special Deputy Collector Stamps A 5 for fixing the market value of the TANSI Foundry land by his proceedings Ex. D 20, the Collector had fixed the value of the property, Ex. of land in Block No. 3 lakhs. P 70 and P 71 indicated that Rs. P 8 which was only Rs. P 8, P 57, P 70 and P 71 were number taken into companysideration by A 5 when he fixed the value for disputed property at Rs. On 14.10.1991 a meeting was held under the chairmanship of the Chief Minister J. Jayalalitha for the review of the performance of the TANSI and A 4 Minister for Rural Industries, A 3 Chairman cum Managing Director of TANSI, W. 11 Chief Secretary, P.W. The land companyprised in Exs. 3 lakhs per ground offered by the Sugar Federation companyld be taken into companysideration for reflecting the market value of the property in question. 3.01 lakhs offered by Jaya Publications companyld be companysidered reasonable. 3.01 lakhs per ground for the entire land and it offered to purchase the superstructure and machinery at Rs. 7.32 lakhs per ground 270 sq. The properties, therefore, became a dead investment and interest was being paid by TANSI on loans borrowed from the banks. P 68 at Rs. 4 lakhs and odd per ground and putting it against the accused by stating that the market value of the property in question is Rs. 1,33,333 per ground while SIDCO offered to purchase the land at Rs. 16 Secretary, Finance Department attended the said meeting and several decisions were taken for the revival of TANSI. 3 lakhs per ground but in the companyrse of his proceedings Ex. the land purchased by Jaya Publications was 3/4 km. D 20 as the Collector had fixed the price per ground for the property at Rs. 3 lakhs per ground in the front portion and about Rs. 3 lakhs per ground and, therefore, the price of Rs. The Collector of Madras and the Commissioner of Land Reforms looked into the matter and held that an amount of Rs.3 lakhs per ground is the market value of the land in question. 12.21 lakhs. P 8, P 57, P 70 and P 71 as the properties companyveyed under the said sale deeds were smaller in extent. 19.20 lakhs was offered by the highest bidder for the building and that heavy structures available at TANSI Foundry may be useful for a heavy engineering workshop and for a buyer who does number intend to put up a heavy engineering workshop, the value is only numberional and at best is only a scrap value. The trial Judge rejected the value of land indicated in Ex. 2,07,984/ per ground and on being referred under Section 47 A of the Stamp Act, A 5 fixed the value of the land at Rs. The said sale deed did number show that the value was Rs. Regarding the charge against A3, who was the Chairman cum Managing Director of TANSI from 1.8.1991 to 10.7.1992, we have to bear in mind certain facts. The Board companysidered the matter and it was numbericed that the value offered for the land by the highest bidder was Rs. Therefore, the price offered by the respondents and accepted by TANSI cannot be termed to be number a fair price in regard to the properties in question going by the state of evidence on record. On 29.9.1991 Jaya Publications again purchased another adjacent land from Idhayam Publications vide sale deed Ex. P. 57, at the assessed market value of Rs. In Ex. The High Court also gave importance to the history of the efforts on the part of TANSI to bring the properties to sale and its failure to obtain the reasonable price at the earlier floated tenders. P 61 who also fixed Rs. 8 lakhs per ground would be the value but those documents involve transfer of a running business. Industrial Estate, it was marginally higher than the value fixed by the Collector under Ex. It is the admitted case of the prosecution that Jaya Publications offered Rs. There were certain numberings made therein that the rate of 3 lakhs per ground was much lower than the guideline value of Rs. 3 lakhs per ground, it companyld be seen that the lands companyprised in these documents were number companyparable and did number reflect the true value of the property in dispute. P 13 is the offer of Aban Constructions and Ex. Industrial Estate, the value of one sq.feet was Rs. of land was sold which is about two ground. 2,78,184/ per ground and number at Rs. 7.30 lakhs per ground as mentioned by Registration Department. Jaya Publications, in turn, was informed of the decision of the Government by Ex. The executant had valued the land at Rs. 2,78,184/ per ground. 3 lakhs per ground for the property in dispute companyld number be stated to be an under valuation. The matter was statutorily referred to A 5 for fixing the market value of the property and thereafter A 5 fixed the market value of the property after taking into companysideration the relevant factors. It was also decided that TANSI must identify more such properties for sale and can send a proposal to the Government along with all details and topography sketches recommending the sale and that the vacant sites available for the running units can be plotted out into industrial lots for selling them at market value with a view to raise some resources. 3 lakhs per ground after numberice to the companycerned parties. The offers of Ashwini Plastic and ENCOFED were recommended to the Government after the approval of the Board, but the Government did number give approval on the ground that it will be more advantageous to TANSI to call for fresh tenders after parcelling out the land into industrial plots in accordance with the Madras Metropolitan Development Authority rules and regulations. The question of valuation was referred under Section 47 A of the Stamp Act and A 5 fixed the value of the property at Rs. 3 lakhs per ground fixed by the Collector, Madras and Commissioner of Land Administration companyld be relied upon. of land was transferred. 3.01 lakhs and that though it was much lower than Rs. That assessment of the Collector was accepted by the Commissioner of Land Administration as per Ex. 3 lakhs by the Collector, Madras. P 68 was referred under Section 47 A of the Stamp Act and A 5 was number bound by the guidelines while assessing the value of the property and that he need number even accept the value mentioned in Ex. 4,78,488/ per ground. 6 lakhs though the property was situate within Block No. 3,12,613 per ground based on the sale of a vacant land in S.No. The decision to accept the offer of Jaya Publications was that of the Board and number of A 3 alone. It is strongly companytended that the recommendation of Rs.3 lakhs per ground in respect of a transaction to be entered into with Tamil Nadu Sugar Cooperative Federation is stated number to offer a good guide for fixing the value of the properties in the present case. P 70, 71 and 8 were number the companyparable sales and further it was seen from the evidence that the land companyveyed under Ex. A 5, who was the Special Deputy Collector Stamps , was only performing his statutory duty and fixed the value of the properties in question at Rs.3 lakhs per ground after numberice to the companycerned parties. PW 8 the General Manager and Company Secretary of TANSI admitted that all the decisions were taken by the Sub Committee and numberdecision was taken independently by any individual and A 3 followed the decision of the Sub Committee, which was approved by the Board. D 20 and Ex. ENCOFED offered to purchase 2000 sq.mts of land at rate of Rs. This exclusion of the plinth area has number been established and, on the other hand, the TANSI Board had passed a resolution number to go in for office space due to financial companystraints but the price per ground was number altered in any manner. P 29 is the offer of Jaya Publications in which J. Jayalalitha, A 1 and Sasikala, A 2 are partners. away from Grand South Trunk road and King Institute was at the eastern boundary of the land in the industrial estate and the land value was only Rs. D 20 which is a letter written by the Collector to the Commissioner of Land Administration to the effect that the maximum sale value in the village in Block No.5 of Thiru.vi.ka. The effort of the prosecution to show that the actual sale when made to the Tamil Nadu Sugar Cooperative Federation was at a far higher price than Rs.3 lakhs per ground since 15000 sq. 832 can never be made viable whatever measures to be adopted to achieve the objects for which they were set up in the public sector and therefore their companytinuance will cause a drain on the finance of TANSI. 5 of Adayar Village which are the properties in dispute. A 5, Special Deputy Collector Stamps , only performed statutory duty in fixing the value of the property in question at Rs. The argument of Sri Andhyarujina and Shri Natarajan is that officers had proceeded initially on the basis that the land in question had a Guideline Value of Rs.7.32 lakhs per ground and hence the same companystituted a benchmark. Therefore, he held that Ex D 20, which was accepted by the Commissioner of Land Administration under Ex. In such cases the companyrts have always held that the best price obtained through open tender is an index of the market value of the property. As regards P.57, which was a sale deed in favour of Jaya Publications in respect of 5658 sq.ft. D 10 and even for that property A 5 had fixed Rs. Industrial Estate and requesting to furnish the guidelines price of the lands situate in Block No. The sale of land to Jaya Publications is a companylective decision of the Board and number of any individual, the price on which the land was to be sold and the price on which the buildings were to be sold were decided by the Board of Directors to which the Government gave approval and thus there was numberindependent assignment to A 3 in deciding the matter number did he suppress any document by number placing them before the Board of Directors. Sub Registrar, Adayar replied Ex. Industrial Estate was Rs. However, Tamil Nadu Co operative Sugar Federation purchased the entire property without putting up a superstructure at the rate of Rs. 1,77,325/ per ground, but it offered to purchase only 1.72 acres and number the entire property. 19.20 lakhs and other bidders quoted less. The sale deed executed on 22.9.1991 Ex. 2 lakhs per ground in the extreme numberth because of the threat of inundation of river Adayar during flood season. There is a big difference of amount of more than 4 crores between the value assessed by the PW 19, the Design Engineer and the value fixed by the Chief Engineer. He referred to Ex. Aban Constructions offered to purchase the landed property at the rate of Rs. P 6 shows that A 5 had taken into companysideration several verdicts of the Madras High Court which say that the guideline was number final and it was only a preliminary exercise to find out the real market value of a particular property and he also companypared the other sales and then arrived at the value. 3.01 lakhs per ground, and that the exact extent of the land to be sold companyld be measured at the time of handing over and the exact amount companyld be companylected and the building measuring 2698 sq. The price of one square meter of land had been mentioned in that quotation as Rs. By letter Ex. Tamil Nadu Small Industries Development Corporation SIDCO also submitted a tender. These three sale deeds related to the sale of property falling within Block No. He further stated that in the adjoining property in Block No. Therefore, there was numberevidence to show that A 3 acted against the decision to favour Jaya Publications. Indeed, Exs. Therefore, members of the Board recommended to the Government selling a portion of the land of about 2.98 acres at the rate of Rs. P 68 is a deed registered on 31.5.1991 by which an extent of 5538.5 sq.ft. P 6 had referred to this document but only made a factual error in stating that the property was sold to SIDCO. 1,350/ per sq.mt.,
that is, Rs. Industries and other two tenders given by other companypanies were placed before the Sub Committee and it passed a resolution calling for a report regarding the guideline price of the land and a report from the Public Works Department regarding the value of the buildings. They did number companytain any details as to how the value had been finally arrived at Rs.53,12,354/ of the building. P 61, companyld number be companyrect basis to say that Rs. Out of the total extent of 5.535 acres of land and 3267 sq.mts. 472 of 1993 in the High Court of Madras relief is sought for setting aside the sale deeds executed in favour of Jaya Publications and Sasi Enterprises on the ground that the sale deeds are invalid documents and for resumption of land by the Government. 6 of Adayar village and the properties companyered by the said documents were smaller in extent. It companyld be seen from Ex. P. 6, he fixed Rs. On 30.4.1990 Jaya Publications, an unregistered partnership firm in which J.Jayalalitha, Accused No. Article 77 a 4 provides that the Board shall number dispose of the land transferred to the Company by the Government other than to Tamil Nadu Government Departments Undertakings Boards or Government of India Departments Undertakings Board without the previous written approval of the Government. P 22 is the quotation given by R.R. P 8 was close to 100 feet road and the extent was also smaller as is in the case of Ex. Advertisements were issued on 31.8.1988 for disposal of the remaining extent of land and building and four offers were received. companyld be sold at a companyt of Rs. 502/ per sq.mt. In the Memorandum of Association it is stated that the said companypany is formed to take over from the Government of Tamil Nadu any of their production and or servicing units with the rights and liabilities of the Government of Tamil Nadu so far as they relate to such units. 6 of Adayar village. P 36 with which a draft sale agreement for getting N.O.C. He recommended that the rate of Rs. D 20 was number made on the basis of sale being to a Government Corporation but on the basis of the independent data relating to sales of land in the neighbouring blocks. D 10 which is a sale deed by which an extent of 6695 sq.ft. A letter was addressed by the Managing Director A 3 to the Sub Registrar, Adayar P.W. D 15 is the offer of ENCOFED. 1442 of 1991 was number the sale to SIDCO. Since the maximum extent being 2.78 acres which was companyveyed under Ex. If that was so, the same should have been produced by the prosecution and in the absence of production of those numberes, forming part of evidence is difficult to accept that the value mentioned in Exs. 6 at Adayar village was sold on 12.10.1990. P 30 are the Minutes of the meeting of the Sub Committee and the same were initiated by P.W. In answer to the companytention that Exs. 1,62,93,150 which worked out to Rs. 305/ , which worked out to Rs. It is companyrectly assessed by the High Court that the price ranged between Rs.76,344 to Rs.4,78,484/ per ground. It was also taken into companysideration that Rs. 1850, which works out to Rs. Further, the file was marked to Minister Rural Industries , Minister for Finance and Chief Minister. 17 of 1996 Ex. Similarly Government can also appoint a Chairman and Vice Chairman of the Board. The tender given by R.R. It was a Federation formed by several companyoperative societies which were registered under the Tamil Nadu Co operative Societies Act and it companyld number be treated as a Government Organisation. By proceedings dated 7.12.1992, Ex. 1.5 crore, but without any land valuation report on record. The High Court took numbere of the fact that Tamil Nadu Sugar Cooperative Federation is number a Governmental organisation to which a companycession has been shown on that basis. 1 intimating that they want to dispose of land in Thiru. Hence, it stands on the same footing as Ex. In pursuance of the G.O., Ex. Contrary to what is stated by the prosecution, the valuation in Ex. P 4 is a letter addressed by way of answer to his subordinate setting out the guidelines. Industries and two other companypanies submitted tenders for purchase. P 75 is the First Information Report in the said crime. D 21, PW 1 himself admitted that Exs. In respect of any proposal or decision of the Board reserved for the approval of the Government numberaction shall be taken by the Company until approval to the same has been obtained. 1442 of 1991, which was referred under Section 47 A of the Stamp Act, was sale by Wazir Begum to Capro Industries and through this transaction an extent of 5393 sq.ft. D 39 that there was numberguideline value for survey numbers 86, 87, 88, 90, 91 Part, 92 Part and 93 Part, in Block No. It is stated that the markings to other Ministers were cancelled by the Minister Rural Industries . Article 79 empowers the Government to appoint and remove the Managing Director. Industrial Estate. On 6.11.1991 Government directed all public sector undertakings to obtain prior approval of the Government in respect of all tenders for works, equipment, etc and all purchases whether by open tender or by limited tender enquiries etc. 6 of Thiru.vi.ka. Industries. The resolution was unanimously adopted and signed by the Managing Director and other seven Directors. At the time of the present transaction, the borrowings extended to Rs.1.87 crores and had to pay Rs.18 lakhs of interest per annum and, therefore, it was number possible to companytend that bringing the properties in question for sale was imprudent number it companyld be demonstrated that the advertisement did number give sufficient particulars or that the tender forms were number made freely available or that anyone of the bidders was pressurized into number bidding or bidding for a lower amount or that a cartel had been formed or that the bidding in open tender was vitiated in any manner whatsoever. Industrial Estate were two of the units among the eight identified as the units incurring losses mentioned in the said G.O. 1,82,13,150/ which is the highest of all the four bids and they should take up the matter with the Board by a numbere in circulation for a decision regarding the disposal of the property. The Minister for Finance approved the proposal on 14.1.1992. Article 72 of Articles of Association empowers the Government to appoint all the Directors with the power to remove any Director from time to time. It was in respect of a small extent situate in block No.6 of Adyar Village. Pursuant to this advertisement R.R. In fact, PW.1 admitted that they are number companyparable sales. On 30th September, 1985 the Government decided that eight units mentioned in the O.Ms. It was registered under the Companies Act, 1956 as a Government Company. In the general elections held on 13.5.1991 for the Tamil Nadu Legislative Assembly AIADMK party came to power and Jayalalitha, accused No. 1350 on June 16, 1968 which was revised from time to time and clause 2 b thereto provides that a Minister shall refrain from buying from, or selling to, the Government any immovable property except where such property is companypulsorily acquired by the Government in the usual companyrse and refrain from starting, or joining, any business. 8 and A 3. If the value of the properties is determined, as stated above, the view taken by the High Court in respect of the various charges under Sections 13 1 c , d , 13 2 of the Prevention of Corruption Act and under Sections 409 and 120 B IPC would stand to reason. 14 Secretary Industries Department and P.W. 1, became the Chief Minister. The Chairman can reserve for the approval of the Government any proposals or decisions of the Board in respect of any of the matters regarding a increase or reduction of the capital of the Company b loan granted by the Company or giving of a guarantee or any other financial assistance to any person or companycern c winding up of the Company and d any other matter which in the opinion of the Chairman be of such importance as to be reserved for the approval of the Government. It is important to numbere that Block Nos. The entire shares, namely, 100 of the shares of the said Corporation, were held by the government. 1, and Sasikala, Accused No. 5 at Alandur. A 5 took into account the fact that in the vast extent of about 2 to 3 sq.kms. Each of these documents was accompanied by Form No.1A wherein the parties acquiesced in the claim for the payment of excess stamp duty. In view of several companyplaints and on the basis of media reports, the Government referred the matter to C.B.C.I.D. Each of these documents was accompanied by Form 1 A wherein the parties acquiesced in the claim for payment of excess stamp duty. 16/7 of Alandur village. Subsequently, the same was modified by the Chief Engineer by bringing it down to Rs.53,12,354/ . A Code of Conduct for Ministers was brought into force by O.Ms. The Government also exercises the power to issue directives or instructions as it may deem fit in regard to finances and the companyduct of the business and affairs of the Company and the Directors shall duly companyply with and give effect to such directives or instructions. 6 of Thiru. from the Income Tax Department, was enclosed. Against the decision of the High Court in the said appeals, the State Government number having filed any petitions or appeals, a private party is permitted to file these appeals by special leave. Investigation was taken up by P.W.27 and two cases were registered as Special C.C. RAJENDRA BABU, J. on which a crime came to be registered in crime No. 1 to 6 and the fall out thereof unfolding against currents and cross currents of political vicissitudes. As regards the charge under Section 169 IPC, the findings of the Trial Court are affirmed by the High Court. 4 of 1997 and Special C.C. The vendor is Paramount Pollution Control Limited. 19.20,200/ . 99,984/ . No. We are number companycerned with this writ petition in these proceedings. The High Court by a judgment pronounced on 4.12.2001 allowed Criminal Appeals by acquitting all the accused and dismissing the State appeal. In Writ Petition No. 13 of 1997 against the respondents. These two sets of criminal appeals arise out of two criminal cases filed against Respondents Nos. P. 33. By O. Ms. No. yards.
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2003_1169.txt
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The land acquisition references were decided on 29 9 1970. Since a companypany for whom land is being acquired has the same right as a local authority under Section 50 2 , whatever has been said with regard to a local authority would apply to a companypany too. Added thereto was the question of the impact of the Land Acquisition Amendment Act, 1984 whereunder enhanced rate of solatium was grantable as also enhanced rate of interest. On 14 12 1965, possession of the land was taken. In an appeal by the person having an interest in land seeking enhancement of the amount of companypensation awarded by the reference companyrt, the local authority should be impleaded as a party and is entitled to be served numberice of the said appeal. In the event of enhancement of the amount of companypensation by the reference companyrt if the Government does number file an appeal, the local authority can file an appeal against the award in the High Court after obtaining leave of the companyrt. Notification under Section 6 was issued on 18 11 1965. Notification under Section 4 of the Act was issued on 20 7 1965. Vide order dated 23 2 1990, a two Judge Bench of this Court referred this appeal to be heard and disposed of by a three Judge Bench because of an apparent companyflict in some decisions of this Court with regard to the companypetence of a companypany to file appeal, or to maintain a petition of appeal, for whose benefit, the land may have been acquired under the provisions of the Land Acquisition Act, 1894. The appellant Company passed on the bargain to Modipon Ltd. way back on 8 11 1968. The award came later on 14 7 1967. First appeals filed by the landowners in the Allahabad High Court in 1974 were decided on 12 9 1985. This would apply to an appeal in the High Court as well as in this Court.
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1998_305.txt
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As per these bye laws FAR was changed from 2.0 to 1.75. 1,19,25,720/ for execution of the sale deed on 18.12.1996. JMC on 22.2.1997 approved the building plans subject to FAR 1.75 only as per 1996 Bye laws as against FAR 2.0 permitted by the auction numberice and the companyveyance deed. The sale deed companyld number be executed in favour of the appellants as the appellants did number furnish the stamp paper on which the sale deed was to be executed. On 28.10.1997, the appellants wrote a letter to the Minister for Urban Development, Government of Rajasthan, for intervening in the appellants favour in their dispute with the JMC which was number allowing FAR 2.0 as promised in the terms of auction and the sale deed. Term of the auction numberice that Floor Area Ratio for short FAR would be 2.00 was also repeated in the sale deed. 2 as per Auction companyditions. All companysequent actions taken by either of the parties pursuant to the auction and the sale deed were invalidated and the appellants were declared entitled to be restituted to the original position as it existed prior to the date of auction and execution of the sale deed. On 22.10.1997 the Chief Secretary wrote to the Urban Development and Housing Department recommending the case of the appellants for grant of FAR 2.0 instead of FAR 1.75 in companypliance with the companyditions of the auction. In the auction numberice property was described as free hold and ceiling free. Consequently, the learned Single Judge declared that the auction sale held on 21.12.1994 and the companysequent sale deed dated 7.1.1997 were null and void having numberlegal sanctity. No change companyld be effected thereafter on any pretext whatsoever in regard to the reducing the FAR from 2.0 to 1.75. It was also companytended that the reliefs claimed pertained to the companycluded companytract with regard to the sale of property culminated by execution of the sale deed. Appellants submitted their building plans as per FAR 2.00. Sale deed companyld number be executed in favour of the appellants as the appellants did number furnish the stamp papers. It was held that the sale of land by way of auction was neither statutory number by way of grant. 1 issued advertisement for auction of Dr. Helligs Bungalow, which was scheduled to be held, according to the auction numberification on 21.12.1994. It was also stipulated that for any companystruction on the land, plans will have to be submitted for sanction to the JMC and all the standards regarding companystruction shall be applicable as per the numberms of the JMC. On the date on which the companytract was entered into, i.e., the date on which auction went in favour of the appellantss there was numbermisrepresentation even as alleged by the appellants since the FAR on that date was 2.0. Road, Jaipur. The terms and companyditions for the auction were also provided in the advertisement. Thereafter, the sale deed was executed and registered on 7.01.1997 and immediately thereafter the possession was delivered. Thereafter, the sale deed was executed and registered on 7.01.1997 and immediately thereafter possession was delivered to the appellants. On 10.10.97, after getting the land exempted from ceiling, the Company wrote to the JMC to re examine the case and allow FAR 2.0 on the appellants re submitting the plans for approval or in the alternative to advise the General Administration Department to refund the proportionate amount companysequent upon the reduction in the FAR. 9.3.3 of the 1996 Regulations the FAR was reduced to 1.75 instead of 2.00 as provided by the Bye laws of 1989. Consequently, the respondents were directed to refund to the appellants, the payments received by the respective respondents, pursuant to any term of the auction dated 21.12.1994 which included the entire sale companysiderations as mentioned in the sale deed dated 7.1.1997 along with all other payments made to the respondents by the appellants towards stamp duty, registration charges, land and building taxes etc. It was stipulated that the exemption was being granted subject to the terms and companyditions stated in the companyveyance deed dated 7.1.1997 and that it companyld be used only for the purposes set out in the companyveyance deed. The appellants did number deposit the amount as per schedule of payment set out in the auction numberice. The entire sale companysideration amounting to Rs. b declare that the Regulations of 1996 were number applicable to the petitioner and the same cannot be enforced against the petitioner by the Municipal Corporation, Jaipur or JDA in view of the sale deed dated 7th Jan., 1997.
c declare that the sale deed being a government grant was number required to be registered and numberstamp duty was required to be paid and companysequently the petitioner is entitled to the refund of the stamp duty and the registration charges. In the meantime the FAR was changed by virtue of a change in the law. To refund proportionate charges on all above for the reduced F.A.R. 1,48,79,887/ towards map approval charges. The appellants thereafter applied for sanction of plans for putting up companystruction on the property and the Planning Cell of the Jaipur Municipal Corporation for short the JMC demanded a deposit of Rs. To refund the whole amount with interest, the registration companyt, the maps approval charges, the L.B.T. After repeated letters including the letter dated 21.05.1996 the appellants submitted the requisite stamp duty and registration charges amounting to Rs. The rights and the obligations as incorporated in the sale deed were statutory in character as regards the rights and obligation of the parties. Request made to the respondent on 18.12.1996 for execution of the companyveyance deed despite having knowledge of the reduction of the FAR clearly shows that the plea of misrepresentation or mistake on account of change of FAR is number made out on the admitted facts. from 2 to 1.75 i.e. It was also directed that the JMC shall refund all payments made by the appellants towards building map approval charges, additional companystructed area charges, licence fee, inspection charges, etc. The appellants by their letter dated 18.12.1996, i.e., after the reduction of the FAR requested the respondent to execute the companyveyance. Appellants also wrote a letter to the Chief Minister on 17.11.1997 for intervention in the matter and for ordering the Secretary, Urban Development and Housing to clear the plans with FAR 2.0 as a special case urgently. The companyt and expenses for registration of patta, stamp duty and all other incidental expenses were to be borne by the purchaser. for the road widening parking of companymercial vehicle free of charges. Learned Single Judge rejected the preliminary objections regarding the maintainability of the petition and declared that the sale deed was statutory in nature. In the advertisement the property was described as free hold, ceiling free, vacant, crest jewel property known as Dr. Helligs Bungalow 10,400 sq. The appellants were persuaded to make the bid as a result of such misrepresentation by the Government in the auction numberice. In the premises aforesaid the writ petition of the petitioner may kindly be allowed with companyts and by an appropriate writ, order or direction, the Honble Court may be pleased to a declare that on account of the reasons set out herein and the order dated 9th September, 1997 passed by the Municipal Corporation, referring to approve maps upto 2.0 FAR the companytract of sale of the property described in this petition vide sale deed dated 7th Jan., 1997 stands frustrated or has become impossible of performance or invalid rendering the sale deed dated 7th Jan., 1997 void. The companyt and expenses for registration of patta, stamp duty and all other incidental expenses were also to be borne by the purchaser. The FAR was changed by virtue of change in law, which companyld number have been envisaged at the time the companytract was entered into. The 1989 Bye laws were changed by Bye laws of 1996 which came into force w.e.f. 1 decided to dispose of by public auction two prime properties situated in the heart of Jaipur City. One of the properties was known as Dr. Helligs Bungalow, near Khasa Kothi State Hotel, M.I. 2.0 No of floors B G 4 Maximum permissible 16.76 Mtrs. Road, Jaipur and the other was a plot of land situated near Khasa Kothi known as the site of Food Craft Institute building on M.I. The companytract was frustrated. 195/98 against the State of Rajasthan, Jaipur Development Authority, Jaipur Municipal Corporation amongst others, who were officers of the State Government, claiming the following reliefs. 99,75,100/ amount payable to the appellants representing the companystruction on the land was worked out by the Committee at 8,97,75,903/ . He will be given the benefit in terms of FAR, which is calculated on the basis of original plot size. with interest 18 per annum calculated from the date of receipt of such amount by the respective respondents till the date of actual refund to the appellants. along with interest 18 per annum from the date of receipt of said payments by the appellants till the date of actual refund to the appellants. As directed by the learned Single Judge, a Valuation Committee was companystituted by the State Government and the value of the companystruction as per PWD rates was assessed at Rs. The revised building Bye laws came into force w.e.f. 83,562.72 P. towards the amount of interest was paid by demand draft dated 21.08.1995. charges etc. The action of the State in number acting upon the assurance given amounted to a fraud, which invalidated the sale. 83,562.72 P. towards amount of interest was made by demand draft dated 26.09.1995. for future road widening parking companymercial vehicle. 12.5 all above charges. Other parameters of this plot size have been approved by JDA and are given as under Coverage 62.5 F.A.R. Height Parking provision IPCU per 200 sq. On 18.12.1997 again, a companymunication was addressed by the appellants to the Chief Secretary giving the following three proposals A to instruct Jaipur Nagar Nigam to allow A.R. These charges were deposited under protest by the appellants. The companystruction work on the plot should be companymenced with in one year from the date of handing over of possession of the land and the building. These facts demonstrate that delay in the execution of the companyveyance was principally on account of the reasons attributable to the appellants. As this clause has given rise to the companytroversy on which lengthy arguments have been addressed, the same is reproduced below for reference That the sale, gift or any transfer of the plot will number be closed without prior approval of the State Government. As there was a delay in making the payment as per schedule the appellants accepted their liability to pay interest for the delayed payment. The payment was number made as per schedule given above. Total amount paid was Rs. No petition companyld be entertained for either specifically enforcing the companytract or and for companypensation for breach of companytract. 1 had sold the property as free from ceiling limit and therefore, there was numberneed to file a return. As regards the damages claimed by the appellants for the incomplete companystruction which by that time had been raised upto 9 stories which was held to be under companypulsion , it was directed that it would be advisable that the State of Rajasthan companystitutes an expert Committee companysisting of the Chief Engineer PWD and Director, Town Planning Department or any other officer having expertise to assess the value at the PWD rates and value the companystruction on the site and after such valuation made by the Committee, the amount assessed be refunded to the appellants within forty five days of the assessment. The permitted use of the property was shown as hotel companymercial companyplex hotel cum commercial companyplex. Station Front towards roads. On 11.8.1997, the companypetent authority granted exemption to the appellants on certain companyditions. After deducting 10 amount, i.e., Rs. From this amount, 10 was deducted by the Committee as companytractors profit, which was included in the analysis of BSR rates. That the relief being claimed was based on breach of companytract and the writ petition was number the appropriate remedy for redressal of such grievances. 5190 of 2001 BHAN, J. Aggrieved by the judgment and order of the Division Bench of Rajasthan at Jaipur in setting side the order of the Single Judge, thereby, dismissing the writ petition filed by the appellants, the present appeals have been filed. shall be auctioned with the companydition that the successful bidder shall have to surrender a strip of land measuring 6.2 sq. 7,8,9,10,12 and 13 relate to the companytroversies involved in this litigation and are reproduced hereunder Land measuring 1,400 sq. On 3.5.1997 the Competent Authority issued a numberice under Section 8 3 of the Ceiling Act enclosing a draft statement as to vacant land. As numberdecision was taken, the appellants filed S.B.Civil Writ Petition No. of built up area Set backs Front towards 15 mtrs. 1 to the appellants were by way of grant. The appellants also submitted the return in the prescribed form with a companyering letter dated 19.4.1997. d direct the respondents jointly and severally to pay to the petitioner a sum of Rs.5102.94 lakhs alongwith future interest 18.5 per annum. 19,56,76,000/ was paid on 16.5.1995. It was also stated in this letter that if numberresponse was received to the proposals in writing within fifteen days, the appellants shall go to the companyrt of law for redressal of their grievances. As the explanation was number accepted by the companypetent authority, the appellants applied for exemption under Section 20 of the Act. A.R. Subsequently both the Chief Justice and the other Judge were, in due companyrse, succeeded by new incumbents to those offices. The State of Rajasthan hereinafter referred to as the Respondent No. Chief Justice set aside the award while the other Judge held that the matter required to be remitted to the arbitrator for re determining the quantum of damages. Aggrieved by the aforesaid order of the learned Single Judge, appeals were preferred before the Division Bench which were accepted. As three separate appeals were filed by the respondents before the Division Bench against the order of the Single Judge the appellants have filed three separate appeals. 5189 and CA No. Apart from companytesting on merits, preliminary objections were raised regarding maintainability of the petition on the ground that declaratory relief claimed companyld number be granted in the writ jurisdiction. The companyrt thereafter by its order dated 29th September 1995 directed the matter to be placed before the incoming Chief Justice Judge. In the said case the appellants therein was appointed as organising agent for lotteries of the Respondent State. Appellants therein got an arbitrator appointed under Section 8 of the Arbitration Act, 1940. Simultaneously, application filed under Section 20 of the Act for exemption was processed. He accepted the findings to the companytrary recorded by the Division Bench in this regard. That the highly disputed questions of fact were involved which companyld number be adjudicated without adducing evidence. This application was dismissed by the Division Bench as number maintainable in view of the reference made by the Division Bench. 19,86,77,273/ . 9,97,51,003/ . All the three appeals have been filed by the same set of appellants and against the same judgment. The new Judge fixed the date of hearing and before him the appellants filed an application opposing the hearing of the appeal in view of section 98 2 CPC. With CA No. Any other appropriate writ order or direction which may be companysidered just and proper in the facts and circumstances of the case may kindly also be issued in favour of the Petitioners. Last installment of Rs. In the present case we are companycerned with the first property only. Vide Regulation No. Subsequently, disputes arose which led to termination of the agency by the State. 28.6.1996. It was a grant as well. On issuance of numberice the respondents put in appearance and filed their replies. Claims and companynter claims were filed and evidence adduced by the parties before the Arbitrator. Such disputed questions of fact companyld number be adjudicated by the High Court in exercise of its extra ordinary jurisdiction under Article 226 of the Constitution of India. This was in challenge in the High Court of Sikkim where there were only two Judges. Respondent No. They are taken up for disposal by a companymon order. yards . Condition Nos.
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2003_846.txt
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When the deceased was brought Jawahar PW 14 had seen the accused persons. Each of the accused persons denied allegations. But his statement was that the blood on the floor was cleaned by the accused persons. These accused police officers forged the Rojnamacha report to companyceal the crime by recording that they received an information that some person was lying in the Nala bed and the said person was intoxicated badly. D 3 was recorded on 26.6.1984 by which time he claimed to have known the names of all the accused persons. As name of deceased was disclosed by these persons, around 1.30 A.M. after mid night the accused persons went to the house of deceased from where he was brought to the Police Station. Police. Therefore, the evidence of PW 12 and PW 14 are number sufficient to fasten guilt on the accused persons. In relation to a scooter theft, Mahesh Sharma and Rajkumar Sharma PW 12 were brought to Police Station, Shahjahanabad. The Trial Court after recording the evidence and hearing the parties found each of the accused persons guilty and sentenced them. of Police, Bhopal wrote a letter to the District Magistrate and also sent a letter to the Inspector General of Police for getting the matter investigated through some independent agency. Thereafter to extort companyfession the deceased was badly beaten as a result of which he died. It is further stated that the police took his signatures when his statement was recorded for the first time. This witness claimed that he had suffered severed injuries. The trial Court companyvicted each of the accused persons for offences punishable under Sections 304 Part I, 330 and 201 of the Indian Penal Code, 1860 in short the IPC sentencing each to undergo RI for 7 years, 3 years and 2 years respectively. On basis of said letters, the District Magistrate got the matter enquired through the C.I.D. As the witnesses and public at large raised hues and cries, the then Supdt. D 3 did number companytain any signature. But one significant aspect can number be lost sight of. Being aggrieved by the said judgment, companyviction and sentence, the accused appellants have filed appeal before the High Court. The trial was companyducted by learned II Additional Sessions Judge, Bhopal. Statements were recorded the medical reports were obtained documents were seized panchnamas were prepared and on companypletion of the investigation, the charge sheet was filed in the companycerned companyrt. He admitted that he had number made any grievance to the Magistrate before whom he was produced after his arrest. All the sentences were directed to run companycurrently. He also accepted that the alleged injuries were number bleeding. The appellants filed appeals before the Madhya Pradesh High Court. By the impugned judgment the High Court dismissed the appeals.
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2004_672.txt
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10955 10971 of 2016. 5769 5785 of 2012 reiterated its view that once the sale invoice was issued and the sale price was companylected along with the tax, the aggregate of such sales companystituted the total turnover and the tax was payable on the taxable turnover. The instant adjudicative pursuit is to disinter the statutory intendment lodged in Rule 3 2 c in particular of the Karnataka Value Added Tax Rules, 2005 for short, hereinafter to be referred to as the Rules so as to facilitate the determination of taxable turnover as defined in Section 2 34 of the Karnataka Value Added Tax Act, 2003 for short, hereinafter to be referred to as the Act in interface with Section 30 of the Act and Rule 31 of the Rules. The Civil Appeal 10971 10978 of 2016, with Samsung India Electronics Ltd. as the appellant, also present the same debate. Though the assessment for the tax period April, 2006 to October, 2006 was companycluded by the Deputy Commissioner of Commercial Taxes Audit 4 LDU, Bangalore on 29.01.2007, the Assessing Authority disallowed the claim of deduction towards discounts on the ground that the same were number revealed at the time of issuance of tax invoices, though credit numberes were issued at the end of the month companycerned. As the above rendition was founded on the verdict under scrutiny in the previous batch of appeals where M s Southern Motors figures as the appellant, and the issue seeking adjudication is companymon, all these appeals with the aforenoted marginal factual variations have been analogously heard. The appeals filed by the appellant assessee before the Commissioner of Commercial Taxes Appeals , DVOI III, Bangalore though came to be dismissed, it succeeded before the jurisdictional Tribunal, whereafter the Revenue took the challenge to the High Court. By the decision impugned herein, the High Court relying on its earlier decision in M s Southern Motors vs. State of Karnataka and Ors. AMITAVA ROY, J. The appellant, the assessee is as well a registered dealer under the Act and engaged in the business of electronic goods and I.T. The appellant having unsuccessfully challenged these rectification orders before the High Court, in both the tiers, has invoked this Courts jurisdiction under Article 136 of the Constitution of India for redress. The above facts pertain to the Civil Appeal Nos. We have heard Mr. Dhruv Mehta, learned senior companynsel for the appellant in Civil Appeal Nos. rendered in Writ Appeal Nos. products.
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2017_2.txt
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The ship owners have to approach the MSTC and obtain a certificate from the Corporation with respect to the value of the ship proposed to be scrapped. The numberification read thus Exemption to ocean going vessels other than vessels imported to be broken up Ocean going vessels other than vessels imported to be broken up, are exempt from the payment of Customs duty leviable thereon. For this purpose, the ship owners will have to approach MSTC and obtain a certificate from them regarding the current import price of similar vessels imported by them. No import duty was levied on the import of these ships in view of the aforesaid exemption numberification. The ship owners have accordingly filed these civil appeals. The substituted proviso reads thus Provided that the duty of Customs shall be levied on the vessel if it is broken up as if it were then imported to be broken up. For this purpose, the ship owners should approach the Customs Authorities for taking inventory of moveable gears and stores on the vessels and then a local invoice should be prepared. The MSTC shall also issue a No Objection Certificate for the sale of Indian Flag Vessels by the ship owners to the prospective buyers subject to the following companyditions The ship owners shall be deemed to be the importers and the entire liability to pay the customs duty on the vessel shall rest sic Bills of Entry and undertake to companylect a sum representing the estimated amount of duty determined by the Customs Authorities in lieu of the customs duty leviable on the ship before affecting delivery of the vessel The owner shall deposit the sum companylected from the buyer with the Custom House on account of the ship sold After the sum companylected from the buyers has been deposited with the Custom House and an evidence to the effect produced to the MSTC, NOC will be issued by the MSTC for giving delivery of the vessel for scrapping and The Custom House thereafter shall assess the bill of entry and adjust the deposit already available with them towards the duty chargeable on the vessel and permit clearance. Ship owners therein relied upon the decision in Jalyan Udyog and asked their writ petitions to be allowed on that basis. The last voyage undertaken by these ships was in February 1982. 14 of 1985, decided on April 22, 1987 that the value of the ships be assessed on the basis that the said ships were imported in the year 1968 for the purpose of breaking up and that the value of the ships be determined in accordance with Section 14 1 a of the Customs Act, 1962. In addition to this, movable gears and stores on the vessels, which are to be sold with the vessels, are to be assessed on merits on their appraised value. 1 Jalyan Udyog v.Union of India, 1987 32 ELT 697 Bom Provided that any such vessel subsequently broken up shall be chargeable with the duty which would be payable on her if she were imported to be broken up. COLLECTOR OF CUSTOMS, COLLECTOR OF CUSTOMS CORRESP. So far as the factual aspect is companycerned, it would be sufficient if we refer to the facts in Jalyan Udyog1 The facts in the other appeals are substantially the same only the dates differ On April 24, 1968 the Chairman of the Shipping Corporation of India wrote to the Government of India seeking its permission to purchase two second hand ships for operating between India and the Gulf and other destinations as ocean going vessels passenger ships . The respondents ship owners wrote to the Customs Authorities repeatedly asserting that the public numberice aforesaid has numberapplication to them inasmuch as the said ships were imported long prior to the companystitution of the Metal Scrap Trading Corporation and the issuance of the public numberice aforesaid. In August 1983, the second respondent decided to scrap these ships but since the permission of the Director General of Shipping was required for scrapping, it sought such permission from the Director General of Shipping. The Division Bench held that he said ships were imported in the year 1968 and number in the year 1983 or 1984 and, therefore, the value and the rate relevant for the purpose of levying duty is the value and the rate prevailing in the year 1968. On September 12, 1984 the second respondent sold the said ships to the first respondent, M s Jalyan Udyog, a partnership firm registered under the Indian Partnership Act. In substance they were a the respondents in the writ petition be directed to levy basic customs duty and auxiliary duty at the rate prevailing on and at the value at which the said two ships were purchased by the Shipping Corporation of India in August September, 1968 and number at the rate and on the value prevailing on the date of their scrapping breaking and b the requirements of obtaining the Valuation Certificate and a No Objection Certificate from the MSTC is number necessary in their case. The case of the importers, however, was that the rate of duty should be the rate prevailing on July 11, 1981 when the vessel had actually arrived and registered in the port of Bombay. The later Division Bench distinguished the decision in Jalyan Udyog1 and held in favour of the Union of India. Accordingly, two second hand ocean going vessels were purchased which arrived at the Bombay Port on August 14, 1968. In April May 1983 both these ships were laid up in the Bombay harbour inasmuch as they had become obsolete and unfit to ply i.e. On March 1, 1984 the Collector of Customs, Bombay issued a public numberice prescribing the procedure for assessment of the value of Indian Flag Vessels meant for scrapping and other allied matters. The vessel then left Bombay for Karachi for unloading other cargo intended for that port and then came back to Bombay on July 23, 1981. After the decision in Jalyan Udyog1, a batch of writ petitions were placed for disposal before another Division Bench. 2326 of 1984 filed by Jalyan Udyog1 was allowed by the Division Bench on October 9, 1987 applying the principle of the decision rendered by a Full Bench of that Court in Apar Private Limited v. Union of India2 and another unreported decision of a Division Bench Vishal Gomantak Shipping Corporation v. Union of India.3 The Division Bench held that inasmuch as MSTC was number the canalising agency in regard to ships imported prior to 1978, the authorities cannot insist upon the production of No Objection Certificate from the said Corporation for the purpose of grant of approval for disposal of ships for scrapping under section 42 1 of the Merchant Shipping Act. Vijay Vaibhav and were operated as oceangoing vessels till 1980, in which year they were sold to Vijaya Lines Private Limited. Rest of the appeals arise from a companymon judgment of another Division Bench of the Bombay High Court dismissing the writ petitions filed by the ship owners. Vijaya Lines operated them for sometime as ocean going vessels and then sold them in the year 1982 to the second respondent herein viz.,
West Asia Shipping Company Private Limited, a companypany incorporated in India. The customs authorities imposed duty on the import of edible oil 150 which was the rate prevailing on July 31, 1981. Their companytention was that the vessel had actually entered the territorial waters of India on July 11, 1981 and, therefore, that is the date of import of goods relevant for the rate of duty. Along with the writ petition, the respondents filed a miscellaneous application for an interim direction permitting them to crap break the said ships on payment of the admitted duty. In the Register of Inward Entry, the date of arrival of the vessel was recorded as July 23, 1981 and ,entry inward granted and registered as July 31, 1981. 1104 of 1990, preferred by the Union of India, arises from the judgment of a Division Bench of the Bombay High Court allowing the writ petition filed by M s Jalyan Udyog and M s West Asia Shipping Co. P Ltd. the respondents in this appeal. On October 1, 1983 permission for scrapping was accorded. The matters arise under the Customs Act, 1962. 1104 of 1990 Union of India v. Ialyar Udyog the second respondent viz.,
West Asia Shipping Private Limited has number been served and that only the first respondent was served and was represented. DEPTT.BOMBAY BOMBAY A/1384. 2326 of 1984. They were registered in India in the same year as M.V. On June 1, 1968 the Government of India accorded the permission. Writ Petition No. The Bench directed 1985 2 ELT 644 Bom Writ Petition No. Vijay Jiwan and M.V. In the year 1958, the Central Government issued a numberification exemption numberification being Notification No. the Central Government substituted the proviso in the above said numberification. N S 1486/83 Pt. Accordingly, the writ petitions were dismissed. 262 Cus. 162 Cus. Not getting a favourable response, they approached the Bombay High Court by way of a writ petition being W.P. M S 1459/83 J Pt. An interim direction was granted as prayed for on companydition of paying the admitted duty and furnishing bank guarantee for the disputed amount. ATTESTED sd sd M. REGE K. SRINIVASAN ASSTI7. By a numberification dated October 16, 1965 Notification No. As many as twelve reliefs were sought in the writ petition. The mere fact that a berth was number available for it on the earlier occasion on account of which it had to leave the port and companye back, they said, is number material. number seaworthy . 2074 of 1993. A doubt was raised whether the said appeal can be heard without effecting service upon the second respondent. The Judgment of the Court was delivered by P. JEEVAN REDDY, J. When these appeals came up for hearing, it was pointed out by the office that in Civil Appeal No. Leave granted in SLP C No. Civil Appeal No. F. No. No.
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1993_495.txt
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The appeal and the revision filed by them were dismissed, hence this appeal by special leave.
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2002_357.txt
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management of the affairs of the society is entrusted by the memorandum of association to an executive companymittee companysisting of six office bearers seven members elected at the general meeting of the society and two numberinees of the settlors of certain buildings in which the companylege is companyducted and it is provided by the memorandum that numberone who is number a member of the society can become or remain an office bearer or member of the executive companymittee. shah j. the appellant a society registered under the societies registration act 21 of 1860 companyducts an educational institution styled dwarka prasad girls intermediate companylege at allahabad. writ number 2892 of 1960.
gopinath kunzru d. d. verma s. s. khanduja and ganpat rai for the appellant. l. misra advocate general uttar pradesh c b. agarwala atiqur rehman and o. p. rana for the respondents. civil appellate jurisdiction civil appeal number 6 of 1965.
appeal by special leave from the judgment and order dated may 1 1962 of the allahabad high companyrt in civil misc.
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1966_4.txt
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OF 2013 D.NO.7309/2013 We have heard learned companynsel for the parties to the lis.
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2013_308.txt
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The Balmiki Caste is one of the castes declared to be a Scheduled Caste under the Constitution Scheduled Castes Order, 1950. One Jai Ram Sarup, a member of the Chamar caste, which is one of the Scheduled Castes, was also a candidate for the seat, and he raised the objection that the appellant was number a Balmiki by caste, and that he was therefore number qualified to stand for election to the re served Constituency. On 5 11 1951 the appellant signed two numberination papers, each companytaining the following declaration I hereby declare that I am a member of the Balmiki Caste which has been declared to be a Scheduled Caste in the State of Punjab. The proviso to section 33 3 of the Representation of the People Act XLIII of 1951 , omitting what is number material, enacts that in a companystituency where any seat is reserved for the Scheduled Castes, numbercandidate shall be deemed to be qualified to be chosen to fill that seat unless his numberi nation paper is accompanied by a declaration verified in the prescribed manner that the candidate is a member of the Scheduled Castes for which the seat has been so reserved and the declaration specifies the particular caste of which the candidate is a member and also the area in relation to which such caste is one of the Scheduled Castes. The above declaration was made on solemn affirmation before the First Class Magistrate, Karnal, and the numberination paper with the above declaration were filed before the District Magistrate, Karnal, who was the returning officer. He therein alleged that the declaration made by the appellant that he belonged to the Balmiki caste was false, that, in fact, be was born a Muslim and had been companyverted to Hinduism, and that therefore in the interests of justice and for safeguarding the interests of the Scheduled Castes, proceedings should be taken for his prosecution. On the other hand, I was born in Balmiki Hindu family. The appellant was a candidate for election to the House of the People from the Karnal Reserved Constituency during the last General Elections. Schedule If companytains the form of numberination paper to be used, with the terms in which the declaration is to be made by the candidate and verified by the Magistrate. Rule 6 of the Election Rules provides that the declaration referred to in the above proviso shall be verified by the candidate on oath or solemn affirmation before a Magistrate. Acting on the declaration afore 1015 said, the returning officer overruled the objection, and accepted the numberination paper of the appellant as valid. On 27 8 1952 Jai Ram Sarup filed the application out of which the present appeal arises, under sections 476 and 195 of the Code of Criminal Procedure before the District Magistrate, who functioned as the returning officer. 355 of 1952. The District Magistrate held an enquiry in which one Prith Singh Azad, President of the Depressed Classes, Delhi, gave evidence that the appellant was a Muslim of the name of Khaliq Sadiq, that in 1938 he applied to the Suddhi Sabha to be companyverted to Hinduism, that be was so companyverted, and that thereafter he came to be known as Virindar Kumar. Against this order, the appellant preferred an appeal to the Court of the Sessions Judge, Karnal, who dismissed the same on the ground that the returning officer was number a Court,, that the proceedings before 1016 him did number fall under section 476, and that there fore numberappeal lay under section 476 B. On 17 9 1952 the Magistrate passed an order that there was a prima facie case for taking action, and on 29 9 1952 he filed a companyplaint before the First Class Magistrate, Karnal, charging the appellant with offences under sections 181, 182 and 193 of the Indian Penal Code. In cross examination, he stated that the appellant bad admitted before him that he was a Muslim by birth. 86 of 1953 arising out of the Judgment and Order dated the 7th January 1953 of the Court of Sessions Judge, Karnal in Criminal Appeal No. The applicant, Jai Ram Sarup, also produced ten letters stated to be in the handwriting of the appellant in proof of the above facts. The appellant took the matter in revision before the High Court, Punjab, and that was heard by Harnam Singh, J., who held, differing from the Sessions Judge, that the returning officer was a Court, and that his order was therefore appealable. At the polling, the appellant got the majority of votes, and on 6 3 1952 he was declared duly elected. He added that he bad two Muslim wives living at the time of the companyversion. C. Chatterjee, Vir Sen Sawhney and Rajinder Narain, with him for the appellant. In his companynter affidavit the appellant stated I am number a Muhammadan by birth. Appeal by special leave from the Judgment and 0rder dated the 10th June 1953 of the Punjab High Court at Simla in Criminal Revision No. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. Gopal Singh and P. G. Gokhale, for the respondent. I am a Hindu. 1014 1955. The Judgment of the Court was delivered by VENKATARAMA AYYAR J. 62 of 1954. November 24. It is against this order that the present appeal by special leave is directed.
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1955_114.txt
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The Chief Administrator allowed her appeal and reduced the amount forfeited. The respondent filed an appeal before the Chief Administrator companytending only that the amount forfeited is high and that it should be reduced and the balance refunded to her. After deducting the amount forfeited, the amount deposited by them was refunded in full on 25 4 1979. The respondent accordingly took back her amount minus the forfeited amount, in December 1976. The Chief Administrator, however, reduced, the amount of forfeiture from 10 to 2 1/2. A revision preferred against the Chief Administrators order was dismissed by the Chief Commissioner on 1 1 1979. Having taken back the amount, they companyld number have agitated their right to the plot by filing companysecutive review petitions before the Chief Commissioner or by filing writ petition seeking restoration of the plot. Having obtained the refund of their amount, the respondents filed a review petition before the Chief Commissioner seeking review of his order dated 1 1 1979. Pursuant to the show cause numberice, the respondent appeared and expressed her inability to pay the amount, whereupon the lease in her favour was cancelled and an amount of 10 of the premium amount forfeited. 3394 of 1992 for a direction to the respondents to implement the alleged policy of the Chandigarh Administration to restore the plot by charging a forfeiture amount of 5. Instead of paying the amount within the time prescribed, the respondents queried how the amount of Rs 1.02 lakhs directed to be deposited by the Chief Commissioner in his order dated 9 5 1985 was arrived at. The respondents then applied to the Estate Officer for refund of the amount paid by them. Not only the lease was cancelled but they had acquiesced in it by taking back the money 2 Be that as it may, when their second review petition was allowed by the Chief Commissioner permitting them to pay the entire amount within sixty days, the respondents failed to avail of the said companycession. The respondents then filed yet another petition, styling it as a mercy petition, before the advisor to the Administrator which too was dismissed. The respondents preferred an appeal to the Chief Administrator against the said action which was dismissed on 2 5 1978. In our opinion, the writ petition companyld number have been allowed by the High Court for more than one reason, viz.,
They also took back the amount deposited by them minus the amount forfeited. Be that as it may, they failed to companyply with the order of the Chief Commissioner, with the result that the second review petition filed by them also stood dismissed. Having failed in the High Court, the respondents approached the Estate Officer yet again to settle their case in the light of an alleged policy of the Government to restore the plots to defaulters by charging forfeiture amount of 5. A review petition filed by the respondents was dismissed by the Court on 29 7 1991. The Chief Commissioner directed that the plot shall be restored to the respondents provided they make the entire payment within sixty days from the date of his order. He directed that in default of such payment, the review petition shall stand dismissed, vide Chief Commissioners order dated 9 5 1985. Even a review petition filed by the respondents was rejected by the High Court. The writ petition has been allowed by the High Court on 14 10 1993 on the ground that inasmuch as in another case pertaining to Smt Prakash Rani, the Administrator had restored the plot to her even after her writ petition was dismissed by the High Court, the respondents must also be restored the plot on the same terms. A second review petition, however, met with success. The respondents defaulted in paying the same whereupon the Estate Officer issued a numberice to show cause as to why the lease in their favour be number cancelled. After giving due opportunity to the respondents, the lease was cancelled, at the same time forfeiting a sum of Rs 3450 representing 10 of the premium. They also challenged the cancellation of lease effected in the year 1977 in this writ petition. An auction was held by the Chandigarh Administration on 29 9 1975 wherein the respondents were the highest bidders in respect of a plot admeasuring 338 sq. The respondents deposited 25 of the money immediately. A showcause numberice was issued to her proposing to cancel the lease in her favour. The High Court recorded the respondents offer and directed them to bring a draft for the full amount on the next day of the hearing. This happened in the year 1985 3 Their writ petition filed in the year 1990 WP No. in Sector 31 A, Chandigarh for a sum of Rs 34,500. Seventeen years later, she filed the writ petition in the Punjab and Haryana High Court, being CWP No. After all this, the respondents approached the High Court once again with WP C No. The respondents produced a draft in a sum of Rs 1,72,402.56p before the Court on 15 1 1991 which was kept in safe custody of the Registrar. This appeal is preferred against the judgment of the Punjab and Haryana High Court allowing the writ petition filed by the respondents, Jagjit Singh and Jaswant Singh. The right sold in auction was the leasehold for ninetynine years. They deposited a sum of rupees two lakhs purporting to be under the orders of the High Court. This request was rejected by the Estate Officer on 18 12 1991. It was dismissed on 10 1 1980. The facts leading to the filing of the writ petition are number in dispute and may be stated. 7760 of 1993, from which this appeal arises, challenging the order of cancellation dated 30 3 1976. The balance companysideration was payable in three equal instalments, the first of which fell due on 27 9 1976. Indeed, they speak for themselves. An allotment letter was issued on 27 11 1975. 11609 of 1994 Leave granted. The Judgment of the Court was delivered by P. JEEVAN REDDY, J. SLP C No. Heard companynsel for the parties.
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1995_978.txt
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1989 was in fact served on the three detenus on 21st numberember 1989.
i.e. 1989 the detenus were informed that the sponsoring authority was requested to supply the companyies of search authorisations to the detenus. on the night of 4th october 1989 for being carried to hongkong. on 12th october 1989 he wrote a letter retracting his statement made on 5th october 1989.
however in his further statement recorded on 19th october 1989 he admitted that his signature was obtained on the letter of 12th october 1989 without disclosing the contents thereof to him and that his earlier statement of 5th october 1989 was both voluntary and companyrect. both of them also signed letters dated 12th october 1989 retracting their statements made under section 108 of the customs act 1962 on 5th october 1989.
however in their subsequent statement of 19th october 1989 they admitted that they were number aware of the companytents of the letter of 12th october 1989.
they further admitted that what they had disclosed on 5th october 1989 was both voluntary and companyrect. this was done on 21st numberember 1989 thus the time taken between 10th and 21st numberember. on 4th october 1989 they were given an tick ets for travel to dubai and 100 capsules each companytaining foreign currency. they swallowed the capsules and left by taxi for the airport in the early hours of 5th october 1989.
they too were given a paper companytaining some scribbling in arabic by mohideen and rahim. the grounds of detention dated 10th numberember 1989 were also served on the three the same day. 1989 the detenus had requested for the supply of companyies of the decla rations made by them before the customs authorities at the bombay airport before boarding their respective flights and for companyies of the search warrants mentioned in the grounds of detention. bombay on 6th october 1989.
they were taken on remand by the police for investigation. shahul hameed the other two had preferred applications for bail which were kept for hearing initially on 27th october 1989 but the date was later extended upto 16th numberember 1989.
their companyaccused kasim was arrested on 6th october. between 10th and 21st numberember 1989 there were five holidays on 11th 12th 13th 18th 19th. it was stated that the detenus needed these documents for the purpose of making a representation. shahul hameed gani asiam 2 haja mohideen shahul hameed asarudeen and naina mohammed raja mohd. it was firstly companytended that the detenus had made representations on 18th december 1989 which were rejected by the companymunication dated 30th january 1990 after an inumberdinate delay. 5th october 1989.
m. shahul hameed disclosed that his companysin kasim owner of a film companypany at madras had offered him a sum of rs.4000 for smuggling diamonds etc. zafar were intercepted by the officers of department of revenue intelligence on 5th october 1989 at the sahar international airport bombay as they were suspected to be involved in smuggling activities. to hongkong. by the memorandum of 14th february 1990 the detenus were informed that the deputy director of revenue intelligence. inciden tally the statement of retraction was rejected by the deputy director of revenue intelligence on 20th october 1989.
the other two persons whose statements were also record ed on 5th october 1989 disclosed that they were both work ing at a tea shop in madras and knew mohideen and rahim who too were working with them. 30th and 31st december 1989 were number working days. on 19th october 1989 he too had preferred a bail application which was kept pending as the investigation was in progress. the representations dated 18th decem ber 1989 were delivered to the jail authorities on 20th december 1989.
the jail authorities despatched them by registered post. this declaration was served on the detenus within the time allowed by law. the representations were received by the cofeposa unit on 28th december 1989.
on the very next day i.e 29th december 1989 they were forwarded to the sponsor ing authority for companyments. shahul hameed were removed and were found to companytain diamonds and precious stones weighing about 905.70 carats and 77.37 carats respectively. 23rd 24th and 25th of december 1989 were number working days. in response to the same the detenus were supplied copies of the search warrants but number companyies of the declara tions made to the customs officers at the airport. these writ petitions were numbered 66 67 and 68 of 1990.
four companytentions were raised before the high companyrt namely 1 since the detenus were in custody their detention was unwarranted 2 the detaining authority had betrayed numberapplication of mind by describing the offence with which the detenus were charged as bail able 3 the representation of the detenus dated 18th december 1989 had number been disposed of promptly and there was inumberdinate delay and 4 the authorities had failed to supply certain crucial documents called for by the detenus thereby depriving them of the opportunity of making an effective representation. it is further companyplained that this delay had resulted in depriving the detenus of their valuable right to make an effective representation against the impugned detention orders. 1989 and was produced before the additional chief metropolitan magistrate egmore madras. rahim had suggested that they would be paid rs.2000 each if they were willing to smuggle foreign currency to dubai by swallowing capsules companytaining the same. shahul hameed was to board flight number cx 750 to hongkong while the other two were to proceed to dubai by emirate flight number e 5 10 on that day. as soon as the translations were ready and received by the department the police autho rities were directed on 20th numberember 1989 to execute the detention orders. the said mohideen and rahim arranged for his passport and ticket and gave him two roll wrapped in balloons companytaining diamonds etc. to be carried to hongkong. the capsules were extracted from their persons and the currency was recovered and attached under a panchnama. exclud ing 5 holidays was only of six days during which all the documents were got translated in tamil language and were served on the detenus along with grounds of detention. their statements of retraction were also rejected by the deputy director of revenue intelligence on 20th october 1989.
all the three aforesaid persons were produced before the learned additional chief metropolitan magistrate esplanade. on his agreeing he was trained and was sent to bombay with one mohammad who was to introduce him to mohideen and rahim who were supposed to entrust him with the diamonds etc. the other two persons were found to have swallowed 100 capsules each companytaining foreign currency of the total value of rs.699930. thereafter the additional secretary to the government of india in the ministry of finance department of revenue made a declara tion companycerning the three detenus dated 20th december 1989 under sub section 1 of section 9 of the act after record ing a satisfaction that they were likely to smuggle goods out of and through bombay airport. this order of detention though passed on 10th numberember. as per the training he had received he companycealed these bal loons in his rectum before leaving for the airport to catch the flight to hongkong. in the course of his interrogation he admitted the recovery and seizure of diamonds and precious stones and also gave the description of kasim and rahim. bombay. the wives of all the three detenus filed separate habeas companypus writ petitions under article 226 of the companystitution in the high companyrt of bombay on 19th january. in addition to the same foreign currency of the value of rs. the said diamonds and precious stones valued at about rs.70 lacs were attached under a panchnama. since the period of remand was extended from rime to time in the case of all the aforesaid four persons finally upto 16th numberember 1989 the bail applications were also fixed for hearing on that date. in the meantime on 10th numberember 1989 the joint secretary to the government of india in the ministry of finance department of revenue passed an order under sub section 1 of section 3 of the companyservation of foreign exchange and prevention of smuggling activities act. two balloon companyered rolls secreted in the rectum of m.m. they were escorted to the office of directorate of revenue intelligence waldorf companyaba bombay where they were interrogated. in addition thereto foreign currency of the value of rs. barring m.m. bombay was requested to supply the documents asked for by the deronus. on interrogation it was found that m.m. 1466.50 was also found on their person during their search and the same too was attached and seized. while rejecting their representation by the memorandum of 18th january. 73 1732 733 of 1990.
besides filing the said special leave petitions under article 136 of the company stitution the wives of the detenus have also filed separate writ petitions criminal number. while they were waiting to catch their flight they were intercepted as stated earlier. on their agreeing they too were trained and were then taken to bombay where they were lodged in vimi lodge at bhindi bazar. 1974 hereinafter called the act directing the detention of all the three persons with a view to preventing him from smuggling goods. his passport was also seized. their passports were also seized. the said three persons were searched. 10706 was also recovered and attached. in addition to the same he was given a paper on which something was scribbled in arabic. similarly 6th and 7th january 1990 were number working days. the judgment of the companyrt was delivered by ahmadi j.three persons namely 1 m.m. accordingly he came to bombay with the said moham mad and was duly introduced to the aforesaid two persons at a fiat in chembur where he stayed. all the aforesaid three persons belonged to village namboothalai of district ramnath tamilnadu. 757759 760 of 1990 under article 32 of the companystitution of india. he too was taken on remand. an area highly vulnerable to smuggling within the meaning of explanation 1 to that section. their state ments were recorded on the same day i.e. after a lapse of about 11 days. all the three petitions came up for hearing before a division bench of the high companyrt on 21st march 1990.
the said dismissal has led to the filing of special leave petitions criminal number. the services of a professional trans lator were requisitioned. the learned companynsel for the petitioners raised several contentions including the companytentions negatived by the high court of bombay. devarajan and v. krishnamurthy for the petitioners. criminal appellate jurisdiction writ petition crimi nal number. kapil sibal additional solicitor general and a subba rao for the respondents. they were directed to be detained in the central prison. thereupon.
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1990_634.txt
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The appellant representing Patni Jamat made an application on 12.11.1951 to the Mamlatdar for grant of occupancy certificate in support of Survey Nos.314 and 316 of the land for use of Kabristan etc. The trial Court in Suit No.151/66 decreed the suit granting declaration that all the Jamats are jointly entitled to use the property for Kabristan etc. In Jamnagar alias Nawanagar in Saurashtra Region of the Gujarat State, there are four sets of Muslims by name,Gujarati Aab, Sidi and Patni. The Mamlatdar granted the certificate. Subsequently, on representation made by other Jamats, their names also came to be included and that had given rise to the endless litigation culminating in this case. Perpetual injunction was granted against the appellant for interfering with the companymon use. In LPA, the Division Bench under the impugned judgment, restored the decree of the trial Court. This appeal by special leave arises from the judgment and order of the Division Bench of the Gujarat High Court made on February 12, 1976 in LPA No.67/74. On appeal and second appeal, the trial Court decree stood reversed. Thus, this companytroversy.
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1996_1825.txt
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Bitter relationship between the employer and the employee has resulted in a large number of litigations unfortunately and inevitably creating an atmosphere of distrust. In most of the cases, the employer companyplains of misconduct by the employed companycerned while the employee usually plead victimization. The respondent employee, on the other hand, alleged that the order of dismissal was the outcome of victimization. It was pointed out in the order of dismissal that it would number be practicable to hold an enquiry before directing dismissal. Alleging that he assaulted a senior officer and along with others ransacked the office creating chaotic companydition, an order of dismissal was passed on 7.12.1983. Talwar. The respondent hereinafter referred to as the employee was appointed on a probation basis in May, 1981. He took a stand in the writ petition filed before the Delhi High Court that because of union activities, he had become an eyesore of the management, and the order of dismissal without holding an enquiry was violative of law and was at variance with the requirements of Article 311 2 of the Constitution of India. His appointment was on temporary basis and he was number companyfirmed even after the initial period of probation. The present case is numberexception. Starting point of the companytroversy was about two decades back. The order was passed in respect of two employees, the present appellant and one Mr. V.K. 2003 2 SCR 387 The Judgment of the Court was delivered by ARIJIT PASAYAT, J. 1950 in short the Constitution . On the alleged date of incident, information was lodged with police.
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2003_73.txt
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The assessee carried on the business of mining and sale of silica sand. From the facts found by the Tribunal it appears that there was a companytract for packing PG NO 687 the silica sand in gunny bags and packing charges had been realised on the basis of mt. The sales tax authorities as well as the Tribunal held that the assessee was liable to pay sales tax on the packing charges that he had received from the purchaser. The question was whether the sales tax companyld be charged from the assessee in respect of packing charges received by the assessee from the purchaser. tons though these were separately shown and were added up with the price of the silica sand and on the total sales tax was charged. 1982 of the Allahabad High Court in Sales Tax Revision No. The decision was rendered in a revision by the assessee which was directed against the order of the Sales Tax Tribunal. 42 of 1982. 2456 of 1986. C. Manchanda and Ashok K. Srivastava for the Appellant. The Judgment of the Court was delivered by SABYASACHl MUKHARJI, J. From the Judgment and Order dated 12.7. CIVIL APPELLATE JURISDICTlON Civil Appeal No. The year involved is the assessment year 1974 75. This is an appeal by leave from the judgment and order of the High Court of Allahabad, dated 12th July, 1982.
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1988_462.txt
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Pinto appellant No. Pinto original defendant No. The partition suit was companypromised between the plaintiff and all the defendants except Pinto. This decree was made on February 11, 1955 and one companysolidated decree against all the defendants was framed in which the decrees against defendant No. 12 A resisted the plaintiffs suit assailing the mortgage decree. At that time the mortgage decree in favour of defendant No. 1122 house sold by Pinto to Beopari respondent No. It appears that the mortgaged property was sold but it did number fetch sufficient funds to satisfy the full claim under the mortgage decree with the result that Pinto secured a personal decree against Hajratsab and in execution of that decree sought to sell certain properties belonging to the estate of Mirsab. in respect of the plaintiffs l/5th share in the three properties. The said mortgage decree was stated to have been obtained by defendant No. 3547 to 3549 A houses let by Pinto, appellant No. The Civil Judge, Senior Division, Dharwar to whose Court the suit was transferred sometime in 1948 took the view that even though Pinto was number a party to the companypromise between the plaintiff and the other defendants the companypromise was number unfair and there being numberequity in favour of Pinto who had purchased the right, title and interest of Hajaratsab in the suit property subject to the result of the suit, a decree should be passed in terms of the companypromise against all the defendants including Pinto. The High Court was quite clearly of the opinion that the plaintiff had secured a decree against the appellant in respect of the three properties mentioned in the decree and it was observed that the appellant had numbergrievance as regards any of the reliefs granted to the plaintiff by that decree. It was also observed that the decree between the plaintiff and the other defendants should be in terms of the earlier companypromise as already ordered. Defendant No. The remaining properties described as lot No. These properties are described by the parties as lot No. 12 against Hajaratsab, defendant No. It appears that an attempt was made there to raise some points in respect of properties other than the three properties which were the subject matter of the decree appealed from. 2 and property No. According to that sale certificate Pinto was declared as purchaser of the right, title and interest of Hajratsab in the various properties described therein. On objection to the sale in execution of the personal decree being raised by the plaintiff, the Court made an order that the properties sought to be proceeded against be sold but the sale would be subject to the result of the partition suit. On November 16, 1942 a sale certificate in respect thereof was issued in favour of Pinto. 12 was being executed and an injunction restraining him from executing the decree and from taking possession of the property was also sought. The suit was Instituted by her for partition by metes and bounds and for possession of her share in the property left by her grandfather Mirsab. In this appeal we are only companycerned with the mortgage decree obtained by one L.B. The Bench, after an exhaustive discussion, also held that there was a merger of the provisions of the decree of 1949 in the decree passed in 1955. An appeal was preferred against this decree by the appellant and a learned single Judge of the Bombay High Court on July 26, 1954 set aside the decree as against Pinto and remanded the case back to the trial Court with the direction that the suit be proceeded with in accordance with law. The present companytroversy arises out of execution proceedings in respect of decree in a partition suit instituted by one Sahebbi, a member of a Muslim family. It was in companysequence assumed, and very properly, that the decree companycerning the properties in lot 1 which were allotted to the plaintiff and against which there was numberappeal, remained unaffected by anything that was said by the High Court of Bombay. After remand the trial Judge held that the plaintiff was entitled to l/5th share in the three properties which alone were the subject matter of the companytroversy after remand. 12 and after his death, defendant No. Against this judgment and decree the appellant preferred an appeal to the High Court of Mysore at Bangalore. 12 A and the other defendants were distinctly specified. The present companytroversy arises out of the proceedings in respect of the execution of the decree dated February 11, 1955 affirmed by the Mysore High Court and it is companymon ground that number the companytroversy is companyfined to the properties described as G.T.S. It was companymon ground during the arguments before us that the decree of the Civil Judge allotting the properties in lot 1 to the plaintiff remained Intact and operative even after the decision of the High Court of Bombay In appeal. After disposal of the appeal by the Mysore High Court the, execution proceedings were revived and the appellant urged in the executing companyrt that the Bombay High Court had set aside the entire companypromise decree as against him with the result that although his appeal to that Court was only companyfined to three items of property he was entitled to ignore the companypromise decree dated November 16, 1949 against him even in regard to the other properties in respect of which he had number appealed. 45/4 of Krishnapuram village and in G.T.S. A Bench of that Court dismissed the appeal on June 30, 1964, In the companyrse of the judgment it was observed Although the judgment of the High Court of Bombay stated that the decree in so far as it affects Pinto was set aside and the suit was remitted to the Civil Judge for being disposed of according to law in the light of the observations made in the judgment of the High Court, when the matter went back to the Civil Judge it was assumed, and in my opinion very rightly, that what was set aside by the High Court of Bombay was only that part of the decree by which the properties in lot 2 were allotted to the plaintiff. 104/4 of Gabbur village in R.S. This plea was rejected with the observation that there was numberdispute after remand as regards the disputed properties viz.,
G.T.S. The partition and possession of the two pieces of land were to be effected through the Collector and that of the site in Hubli through a companymissioner to be appointed by the Court in the proceedings for passing the final decree. The suit for partition was initially instituted in forma pauperis in 1939. 12 in the suit on whose death A.J. deceased Plaintiff In the plaint reference was made to some alienations, which, it was pleaded, were number binding on the plaintiff. 1 in this Court was impleaded as defendant No. 1 in respect of some land situated in Gabbur village of Rubli taluk and R.S. ORDER Issue warrant under Order 21, Rule 35 of the Civil Procedure Code for actual possession of the disputed properties to the plaintiff. It was further directed that in the proclamation of sale the fact of the pendency of the partition suit be also mentioned. The appellant was also to pay l/4th of the companyrt fee claimed by the plaintiff against him. Isamohiddin Abdul Karim Shajadbi Saheb Bl 2nd Defdt. 901 and 902 of 1966 are directed against the judgments and orders of the Mysore High Court at Bangalore dated June 30,1964 and October 30, 1964 respectively. 3540 of Hubli. 12A, 12 B and 12 C have to be overruled. It was appealed against in the Mysore High Court but without success. The appellant was to pay the past and future mesne profits from the date of the cause of action mentioned in the plaint till the date of the decree or till the delivery of possession, whichever might be earlier, at the rate to be determined under Order 20, Rule 12, C.P.C. The original order of 30th June, 1964 and the order declining review dated 30th October, 1964 are the subject matter of the present appeals. 3rd Defdt. The Collector was directed to effect the partition in the two pieces of land so as number to companyflict with the Bombay Prevention of Fragmentation and Consolidation of Holdings Act No. That sale, it seems, was held sometime in 1942. In other words the, appellant claimed that he stood in the same position in which he was immediately before the companypromise. She was held entitled to claim 1/5th share from the present appellant in R.S. 48/1 situated at Krishnapur. By means of the judgment and order dated October 30, 1964 the High Court rejected applications for review of its order dated June 30, 1964. That, that is the companyrect interpretation to be placed on the terms of the order of remand made by the High Court of Bombay was number disputed before us by any one. 1 to Dawood Mirza, appellant No. 12 A in his capacity as legal representative of the deceased. 902 of 1966 was number pressed by the learned Counsel for the appellant with the result that that appeal must be dismissed. LXII of 1947. Civil Appeal No. A Bench of that Court on December 13, 1961 dismissed the appeal. But the High Court did number companysider it necessary to go into those points in that appeal, leaving them to be decided if and when an occasion arose later. This order is dated 19th December, 1963. 2 also claimed by the appellant are number in dispute in this appeal. D. Dua, J. No. Nos. We make numberorder as to companyts in that appeal. These two civil appeals by special leave Nos. The following order is passed.
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1971_43.txt
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In the present Special Leave Petition, the petitioner challenges the impugned judgment and final order dated 12.3.2012 passed by the High Court of Chhattisgarh in Writ Appeal No. K. SIKRI, J.
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2013_623.txt
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the board was of the view that the interest of manubhai in the shares had already fallen into possession and full enjoyment only was deferred. the board also held that the accumulated unused income falling to the share of each beneficiary passed according to the numbermal law of succession on his death before he attained the age of twenty five years and since there had been change in the person beneficially interested before and after death the value of shares was liable to be added to the estate of manubhai on his death. the deputy controller of estate duty by order dated august 26 1959 brought the interest of manubhai in the settlement to tax in the hands of his brother mahendra on the footing that it was vested in possession in manubhai and was chargeable to estate duty under s. 5 of the estate duty act 34 of 1953.
the order of the deputy companytroller was companyfirmed in appeal to the central board of revenue. the judgment of the companyrt was delivered by shah j. under a deed of trust dated june 26 1941 one rambhai patel settled under a deed subject to certain terms and companyditions 80 shares of the central companyton trading company uganda limited for the advancement and maintenance of his son manubhai and an equal number of shares for the benefit of his son mahendra manubhai died on june 7 1954 when he was a minumber and unmarried. the board rejected the argument that the interest enjoyed by the deceased was number an interest in property but only an ancillary right and further held that manubhai was entitled to the half share of the income from the date of the deed of trust and the deed provided for the disposition of the companypus only in the event of premature death while the deceaseds heirs would be entitled to the savings from the income upto the date of death. the trustees shall stand possessed of the said shares. until each of the said beneficiaries shall companyplete the age of 25 years and until the said time out of the profits arising therefrom to apply either the whole or part thereof as the said trustees may deem fit and proper in the maintenance and advancement of the said beneficiaries. t. desai a. n. kirpal and r. n. sachthey for the respondent. civil appellate jurisdiction civil appeal number 1067 of 1965.
appeal from the judgment and order dated october 28 1963 of the gujarat high companyrt in estate duty reference number 1 of 1963.
k. sen g. l. sanghi and b. r. agarwala for the appellant. the high companyrt recorded an affirmative answer to that question. against that order with certificate granted by the high companyrt this appeal has been preferred.
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test
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1966_216.txt
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The Tribunal came to the companyclusion that since cellulose acetate scrap did number fall within any of the clauses of Tariff Item 15 A it was liable to duty under the residuary Item 68 only. The additional duty was charged on the goods under Item 15 A 1 of the Central Excise Tariff then in force. The assessees companytention that the goods companyld number be classified under Tariff Item 15 A 1 was accepted by the Collector Appeals and the Tribunal. 1746 52 of 1988 The respondent imported cellulose acetate scrap from U.S.A. and cleared the same for home companysumption on payment of customs duty including additional duty companyntervailing duty . Since Tariff Item 15 A 1 or 2 did number companyer this scrap in question, the Collector Appeals as well as the Tribunal were right in reaching the companyclusion that the goods in question were liable to be classified under Tariff Item 68 We have in Civil Appeals Nos. It is number necessary for us to traverse the further companyrse of the proceeding except to state that when the matter reached the Tribunal the question for decision was whether the goods in question were liable to additional duty under Tariff Item 15 A 1 or 15 A 2 or the residuary Item 68. prior to 1 3 1982 when Explanation III was added to Tariff Item 15 A. However, the companytention of the respondent was that at best it companyld be classified under Item 15 A 2 and if so classified the goods would be exempt from payment of duty by virtue of Notification No. 2045 of 1989 The respondent imported cellulose acetate scrap between 16 10 1981 and 9 12 1981, i.e. The assessee thereafter made an application for refund of the additional duty recovered in the said companysignment on the plea that the goods in question were wrongly classified under Entry 15 A 1 and, therefore, the additional duty was also wrongly recovered. 1746 52 of 1988 upheld the companytention of the respondent in this behalf and affirmed the view taken by the Collector Appeals as well as the Tribunal. The Assistant Collector of Customs rejected this application. 228 of 1976 dated 2 8 1976. In CAs Nos.
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1995_685.txt
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each of the opium were taken. The remaining opium was found to be 7.10 Kgs. The samples and the remaining opium were sealed and taken into possession by the police party. Shri Dinesh Partap Singh, Assistant Superintendent of Police, was summoned to the spot by the Investigating Officer and in his presence, Amarjit Singh, Inspector P.W.3 searched the plastic bag of the appellant and the substance companytained therein was found to be opium. The prosecution examined Manjinder Singh, Constable W.1 , Jagdish Singh, Head Constable P.W.2 , Amarjit Singh, Inspector P.W.3 , Dinesh Partap Singh, Assistant Superintendent of Police P.W.4 and Dalip Singh, Sub Inspector P.W.5 . When the police party reached near the culvert of minor in the area of village Ambe Majra, the police party spotted the appellant who was companying on foot, from the side of Ambe Majra carrying a plastic bag in his right hand. The police party apprehended the appellant, being suspicious of him. However, ultimately companysidering that there had been companycurrent findings of fact against the appellant by the two companyrts, he primarily submitted that as the opium recovered from the appellant weighing 7.10 kgs. After companypletion of investigation and on receipt of the report from the Forensic Science Laboratory, companyfirming the companytents of the sample to be of opium, a charge sheet was filed against him for the offence punishable under Section 18 of the NDPS Act. In the meantime, Ashok Kumar, an independent witness also came to the spot and joined the police party. On seeing the police, the appellant turned to the left side of the road. Facts and circumstances giving rise to this appeal are that on 4.7.2003, a police party was proceeding from Focal Point, Mandi Gobindgarh to G.T. 56.96 gms.,
the quantity was below the companymercial quantity, however, more than the minimum quantity prescribed under the Notification issued in this respect, the maximum sentence awarded by the companyrt was unwarranted. Ashok Kumar, an independent witness was number examined by the prosecution, as he had been won over by the appellant. companytained 0.8 morphine, i.e. Two samples of 10 gms. 72T/5.9.03/7.10.04, by which the appellant stood companyvicted for the offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 hereinafter called as NDPS Act and was sentenced to undergo RI for 10 years and to pay a fine of Rs.1,00,000/ in default whereof, to undergo further RI for 6 months. In his statement under Section 313 of the Code of Criminal Procedure, 1973, the appellant stated that the prosecution case was false he had been taken by the police from his house and Rs.6,000/ had been snatched from him he was number physically fit even to walk as he had met with an accident in 1999. The appellant was apprised of his right of being searched in the presence of a Gazetted Officer and in that respect his statement was recorded. 510/ was found with the appellant the arrest memo of the accused was prepared and he was formally arrested. 1711 SB/2005, by which the High Court has affirmed the judgment and order dated 2.9.2005 passed by learned Special Judge, Fatehgarh Sahib, in Sessions Case No. The Trial Court after scrutinising the evidence held that the appellant was guilty of the offences charged with and was awarded the sentences as mentioned hereinabove. The appellant also examined 6 witnesses in his defence. Shri R.S. Road on patrol duty in a government vehicle. This criminal appeal has been preferred against the judgment and order dated 19.5.2010 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. A formal FIR was registered against the appellant on personal search, an amount of Rs. Being aggrieved, he preferred an appeal before the High Court which has been dismissed by the impugned judgment and order dated 19.5.2010. CHAUHAN, J. Suri, learned senior companynsel appearing for the appellant at an initial stage raised a large number of factual and legal issues. He did number plead guilty to the charges and claimed trial. Hence, this appeal. Dr. B.S. Leave granted.
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2011_1175.txt
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The assessee thereafter requested the DGSD to furnish the import recommendation certificate to enable it to import the material as Carbamite was a strategic material which also required an export permit to be granted by the West Germany Government to the assessees principal. The assessee in its tender mentioned the name of M s. Chemiches Werk Lowi, West Germany as the supplier and from whom the materials were to be imported for which necessary import recommendation certificate was to be provided by the DGSD for the value of the material to be imported. The DGSD issued the import recommendation certificate in favour of the assessee for procuring the aforesaid material from West Germany and recommended that the import licence might be issued as per particular. Against the said order of the DGSD, the Controller Import Trade Control issued licence as requested for. In the Bill of lading the name of assessee was shown as a party to be numberified and the General Manager, Cordite Factory Aruvankadu was described as the companysignee of Carbamite. the DGSD had also furnished end use certificate to the effect that Carbamite be allowed to be imported by the Indian Government as it was intended for companysumption in India and number re exported or re utilised for any purpose other than companysumption by the Government factory. After the goods were supplied to DGSD, the assessee claimed exemption before the Sale Tax Officer from levy of sales tax as, according to it, the supply under the companytract was as sale in companyrse of import of the goods into India. One of the companyditions of the licence was that the goods imported shall be utilised or disposed of in the manner stipulated in DGSD letter dated June 17, 1971 and the imported materials shall number be utilised or disposed of in any other manner. The DGSD accepted the tender of the assessee vide letter dated May 29, 1991 subject, inter alia, to the companydition that the companytract would be governed by the companyditions of the companytract as companytained in form DGSD 68 revised including clause 24 thereof as amended upto date. After the companysignment arrived, the same was forward to the companysignee named in the companytract, viz.,
Cordite Factory, Aruvankadu. it was also a companydition that the companytracted material was to be inspected by the Chief Inspector, C.I.M.S., Kirkee, Pune at Bombay Port and the General Manager, Cordite Factory, Aruvankadu was mentioned as the indentor. This plea of the assessee was rejected by the Sale Tax Officer and the same was upheld in appeal. 23.50 per kg. At the instance of the assessee, the tribunal referred three question to the High Court at Bombay for answer. The total price quoted in the tender was Rs. F.O.R. Bombay and the full break up thereof was disclosed therein.
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1997_1456.txt
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They pray for leave to companypound the offence. Although the offence under Section 326 of the Code is number compoundable, learned Counsel for the parties submit that through the intervention of well wishers the parties who are from the same locality have reconciled their differences to preserve amity and good relations. Learned Counsel for the parties heard on the application made under Section 320 of the CrPC, 1973 for leave to companypound the offence. The appellant has been companyvicted under Section 326 of the Indian Penal Code, 1860and sentenced to undergo rigorous imprisonment for a period of one year. 2 herein after an altercation near the pan shop owned by him. The appellant stabbed D. Narsinga Rao, respondent No. P. Sen, J. Special leave granted.
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1987_173.txt
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Anand Singh Bisht was a Naik in the Border Security Force. 1072 of 1985 arising out of a writ Petition for a writ of habeas companyous made by the respondent Anand Singh Bisht is under challenge in this appeal. The respondent Anand Singh Bisht moved the hadeas companypus petition before the Calcutta High Court inter alia companytending that as he had undergone pre trial detention by the Border Security Force authorities for about one year he was entitled to set off his sentence of one years rigorous imprisonment under section 428 of the Code of Criminal Procedure and he should, therefore, be forthwith released from detention. In execution of such sentence, he was lodged in the Bernampur Central jail. Accordingly, an order was passed on 30th September, 1985 to release the respondent from detention. The judgment dated 30th September, 1985 passed by the Division Bench of the Calcutta High Court in Criminal Misc. Against the said decision of the High Court of Calcutta, the Union of India has Preferred the instant appeal. Case No.
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1996_974.txt
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IT 316 of 1972. The appellant pleaded before the Tribunal that the strike was illegals a reference was pending in respect of Bobhate and therefore the discharge of its workers by the appellant was in order and approval should be granted. On 25th August, 1972 the appellants dismissed three other workers, Dastoor, Shome and Soman after an enquiry and this led to a strike in the appellants factory. Towards the end of October 1972 the Company discharged about 312 of its employees and filed 12 applications before the Industrial Tribunal for approval such discharge on the ground that a reference was pending before it. 16331644 of 1973 Appeals by special leave from the order dated the 30th August, 1973 of the Industrial Tribunal, Maharashtra in Application No. On 14th August, 1972 the Government of Maharashtra made a reference to the Labour Court under section 10 1 c of the Industrial Disputes Act in respect of the dismissal by the appellant of one of its employees S. Bobhate. S. Desai, S. T. Desai, Naunit Lai, D. H. Buch and Lalita Kohli, for the respondents In appeal No. S. Chitale, A. K. Seti, P. D. Damania and B. R. Agarwala, or the appellant. 1633, 1635 38 1640 43 and respondent number 1 and 2 in Appeal No. On August 30, 1973 the Tribunal rejected all the applications for approval and these appeals have been file, in pursuance of a Special Leave granted by this Court. The question that arises in the appeals is the implication of section 2A of the Industrial Disputes Act. 1634, respondent number 1 in appeals Nos. 1639 and respondents number 1 3 in Civil Appeal No. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. The Judgment of the Court was delivered by ALAGIRISWAMI, J.
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1975_458.txt
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The assessee manufactures block board. Stay having been refused in that appeal, the Revenue refunded to the assessee the duty that it had paid. The Assistant Commissioner did number accept that classification he classified it under Tariff Entry 4408.90 attracting excise duty, which the assessee paid. The assessee then filed an appeal before the Tribunal. It submitted a classification list classifying block board under Tariff Entry 4410.90 attracting nil rate of duty. The assessee companytended that the Revenues claim for repayment of the refund was barred by limitation. On 22nd June and 26th August, 1995, the Revenue called upon the assessee to repay the amounts which had been refunded as aforesaid, referring to the undertaking that the assessee had given. Thereupon the assessee preferred appeals to the Tribunal, the order whereon is the subject matter of these appeals. The Revenue is in appeal against an order of the Customs, Excise and Gold Control Appellate Tribunal. The respondents appeal against such classification was dismissed. The Revenue preferred an appeal to this Court. In respect thereof, the respondent gave an undertaking that the amounts refunded would be repaid within seven days in the event of this Court reversing the Tribunals order. This having been rejected, appeals were filed, which the Commissioner Appeals dismissed.
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2002_995.txt
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1133/65. Pramod Swarup and R. Sathish for the Respondent. 446 of 1969. P. Bhatt and Girish Chandra for the Appellant. The stakes are number high in this appeal it is valued at Rs. Appeal by Special Leave from the Judgment and Order dated 1 4 66 of the Allahabad High Court in S.A. No. CIVIL APPELLATE JURISDICTION Civil Appeal No. The Judgment of the Court was delivered by GUPTA, J.
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1979_390.txt
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25FFF of the Industrial Disputes Act. Respondent raised an industrial dispute and the appropriate Government by the order dated May 30, 1968 referred the industrial dispute for adjudication to the Industrial Tribunal. A Division Bench of Delhi High Court held that the reference made by the appropriate Government required the Industrial Tribunal to companysider whether the retrenchment was illegal or unjustified and therefore it was implicit in the reference itself that it was a case of retrenchment, validity of which to be examined in the reference and therefore it was number open to the learned Single Judge to change the base of the reference and to companye to the companyclusion that the case was one of closure of the industrial undertaking governed by Sec. By the award dated February 25, 1969.
the Industrial Tribunal held that the retrenchment of the respondent was illegal and unjustified and gave a declaration that he companytinues to be in service of the appellant company and is entitled to his wages till he is lawfully retrenched. Approaching the matter from this angle, the Division Bench set aside the decision of the learned Single Judge and restored the award made by the Industrial Tribunal. A learned Single Judge held that as the Delhi office of the appellant companypany was closed, the case of the respondent would be governed by Sec. 25FFF being termination companysequent upon closure, and therefore payment of companypensation was number a companydition precedent and the termination of service was valid, The learned Judge accordingly set aside the award and remitted the matter to the Tribunal to decide what directions, if any, are necessary in respect of retrenchment of the respondent in the light of the discussion in the judgment Respondent preferred Letters Patent Appeal No. The numberice reads as under Due to the reduction in the volume of business of the Company as a result of the recession in sic services will number be required by the companypany after the 14th October, 1967, and this may be treated as statutory numberice of one month of termination of your service. 25 of 1970 against the decision of the learned Single Judge. 1741 of 1980. The reference was companyched in the following language. The letter of appointment inter alia provided that the respondent may be posted any where in India or abroad as per the requirements of the companypany and it was signed by its Zonal Manager, Central Zone, Delhi. 25 of 1970. Ganpule and Mrs. V.D. From the Judgment and Order dated 16th January, 1980 of the High Court of Delhi at New Delhi, in Letters Patent Appeal No. Respondent companytinued to serve in that capacity when on September 14, 1967, he was served with a numberice terminating his services. Your leave shall run companycurrently with the numberice period, and you may avail of leave due to you, if any, during the numberice period. Appellant company challenged the award in Civil Writ No. Personnel Section at Head Office have been advised to settle your dues, and you may write to them in the matter. 462 of 1969 filed by it in the High Court of Delhi. R. Lalit, V.N. Jitendra Sharma for the Respondent. The Judgment of the Court was delivered by DESAI, J. Respondent Shri Niranjan Dass was employed as a Senior Clerk by the appellant company as per the appointment order companytained in the letter dated April 10, 1962. Should it be possible for us to offer you a job at any of our works sites at a later date, we shall make you a fresh offer at that time. Hence this appeal by the companypany by special leave. Khanna for the Appellant. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1983_328.txt
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The appellant obtained 36 marks in the Upadhyay examination but in the Praveshika examination he obtained 43.63. If such higher marks obtained in Praveshika examination is companysidered along with the marks obtained in Shastri examination being 61.60, the appellant must be held to have obtained an average of 52.6 marks. examination. He has number been selected by the respondents on the ground that the average marks obtained by him in the qualifying examination was less than 52.3 which was the lowest average on the basis of which appointments had been given. Therefore, if the appointments had been given on the basis of lowest average marks of 52.3, the appellant was entitled to be appointed having secured higher percentage than 52.3. Hence, the marks in Praveshika examination being higher according to Note under Clause b of Rule 6, the said higher marks should be taken into account for calculating the percentage. It, however, appears that the appellant has passed Praveshika and also Upadhyay examinations being equivalent to Higher Secondary and he has also passed the Shastri examination being equivalent to B. Ed. Heard learned companynsel for the parties. Leave granted.
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1997_1284.txt
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he was prosecuted under s. 299 1 of the act read with rule 1 of the rules for assessment and companylection of toll tax. the respondent owns a truck. the respondent denied his liability to pay the tax. 67 8 0.
in revision the high companyrt set aside the companyviction and acquitted the accused. the sub divisional magistrate companyvicted him under the said section and directed him to pay a fine of rs. the municipality by special leave has preferred this appeal.
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dev
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1959_112.txt
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After remand, the Arbitrator companysidered the matter and passed the award on February 14, 2001. The appellants filed objections against the award dated February 14, 2001. On August 12, 1998, the Arbitrator passed the award. The objections were accepted by the High Court to the extent that the reasons were number given by the Arbitrator and, accordingly, the matter was sent back to the Arbitrator for giving reasons in support of the award. from the date of the award dated February 14, 2001 till the date of actual payment to the respondent. The respondent, however, started execution of the Award dated February 14, 2001 by filing Execution Petition on August 12, 2008. The appellants filed objections to the Execution Petition. As per the terms of the companytract, the Arbitrator was appointed to adjudicate the claims of the respondent and companynter claims of the appellants. They also deposited the entire amount due under the award before the High Court on May 24, 2001. Aggrieved thereby, the appellants filed objections under Section 34 3 of the Arbitrator and Conciliation Act, 1996 for short the Act . The objections filed by the appellants were ultimately rejected by the single Judge of the High Court on February 26, 2008. 11 of 1989 90 companycerning companystruction of residential companyplex at Shimla, certain disputes arose. Pursuant to the agreement between the parties being agreement No. M. LODHA,J. Against this order, intra companyrt appeal is said to be pending. Leave granted.
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2012_138.txt
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Jatav PW 20 and Dr. Bharat Singh PW 21 . Radha Mehra PW 1 , Ms. Chitra Mehra PW 6 and Chaman Mehra PW 26 , two neighbours, namely Rajesh PW 19 and Amit Grover PW 24 , Investigating Officer C.L. Raj Rani Mehra PW 7 , her sisters and brother, Smt. The police submitted challan under Sections 304B/306/498A read with Section 34 IPC against the appellant, his brothers Suresh Seth and Naresh Seth and mother Janak Seth. Shri Naresh Tandon, brother in law of the deceased who was present at the site told Shri Jatav that the deceased had been subjected to harassment and torture by her husband and in laws. Raj Rani Mehra mother of the deceased , who had also reached the house of the appellant and on that basis a case was registered under Sections 304B/306/498A read with Section 34 IPC. They also denied the allegation of having subjected the deceased to harassment and torture for dowry. Shri C.L. Their testimony has been substantially supported by PW 14 Rakesh Malhotra. He found the following injuries on the body of the deceased One ligature mark around the neck placed above the thyroid cartilage which was present all around the neck. On the next day, Dr. Bharat Singh PW 21 companyducted post mortem. Jatav, Sub Inspector of Police visited the spot and found the dead body of Rama in a room on the second floor of the house. He too stated that the deceased was subjected to beating by her husband and she had suffered injury on her head. Both the sisters narrated that when they met the deceased, she was weeping and her eyes were swollen. On receipt of an anonymous call information that son of Kuldeep Seth the appellant herein has murdered his wife in his house situated at Gali No.8, Multani Dhanda, Paharganj. The facts The appellant was married to Rama on 2.12.1984. The prosecution examined as many as 26 witnesses including the mother of the deceased, Smt. One lenier abrasion was present on the right knee joint size two and half inches x two and ten inches. He also found one piece of printed cloth chunni near the dead body and another piece which was tied with the ceiling fan. Dr. Bharat Singh opined that the cause of death was asphyxia caused due to hanging. The width of the ligature was all along except near the right side of the ear where it was irregular and was wider upto 1. Skin was abraded. Colour was light brown. She died on 22.11.1986. In their statements under Section 313 Code of Criminal Procedure for short the Code , all the accused denied their involvement in the death of Rama. Base was depressed. The learned Additional Sessions Judge framed charge under Section 304B read with Section 34 IPC. The Sub Divisional Magistrate recorded the statement of Smt.
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2008_1176.txt
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While the appellant was transporting the companysignment in a truck, there was an accident and the monoblock pumps were damaged. In the circumstances, the appellant returned the 198 damaged monoblock pumps to the respondent No.3. The respondents No.1 and 2, therefore, did number take delivery of the 198 damaged monoblock pumps at Gwalior. The appellant filed a revision but by the impugned order dated 18.02.2003 the National Consumer Disputes Redressal Commission dismissed the revision. Aggrieved, the appellant filed appeal No.202 of 1999 before the Madhya Pradesh State Consumer Disputes Redressal Commission, Bhopal, and the State Consumer Disputes Redressal Commission in its order dated 07.10.1999 held that there was numberlegal infirmity in the order of the District Consumer Disputes Redressal Forum, Gwalior, awarding the sum of Rs.3,60,131/ but took the view that levy of interest 18 per annum was penal and instead directed the appellant to pay interest 12 per annum on the amount of Rs.3,60,131/ from the date of filing of the companyplaint 02.03.1998 till the date of payment. The facts very briefly are that the respondent No.3 booked a companysignment of monoblock pumps with the appellant for transportation from Coimbatore to respondents No.1 and 2 at Gwalior in March, 1997. The respondents No.1 and 2 then filed Complaint No.101 of 1998 before the Consumer Disputes Redressal Forum, Gwalior, and their case in the companyplaint was that they had paid the price of the companysignment to respondent No.3 and were entitled to Rs.3,61,131/ towards the price of the monoblock pumps and damages of Rs.70,000/ , loss of profit Rs.14,000/ as well as companyt of Rs.5,000/ and interest 18 per annum on the amount claimed by them. The District Consumer Disputes Forum, therefore, awarded a sum of Rs.3,60,131/ along with interest 18 per annum from 01.04.1997 till the date of payment and Rs.500/ as companynsel fee and further sum of Rs.500/ as companyt of the case. This is an appeal by way of special leave under Article 136 of the Constitution against the order dated 18.02.2003 of the National Consumers Disputes Redressal Commission in Revision Petition No.371 of 2000. The District Consumer Disputes Redressal Forum, in its order dated 27.01.1999, held that the appellant as a companymon carrier was the insurer of the goods in transit and if the goods have been damaged, the appellant was liable to respondents No.1 and 2 for negligence. The appellant resisted the claim companytending that the claim was number maintainable under the Consumer Protection Act, 1986 for short the Act . K. PATNAIK, J.
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2011_1146.txt
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The Tribunal has held that Carbonised Adding Machine Rolls were classifiable under Tariff Item 17 2 but Carbon Paper was classifiable under Tariff Item 68 of the erstwhile Central Excise Tariff. It had submitted a classification list on 1 9 1979 stating that the products were classifiable under Tariff Item 68 of the erstwhile Central Excise Tariff. The respondent is the manufacturer of Carbon Paper and Carbonised Adding Machine Rolls. As regards the classification of Carbon Paper, the matter number stands companycluded by the judgment of this Court in CCE v. Krishna Carbon Paper Co., wherein this Court has laid down that Carbon Paper is classifiable under Tariff Item 17 2 of the erstwhile Central Excise Tariff. The said approval granted by the Assistant Collector was subsequently rescinded and a show cause numberice dated 29 12 1979 was issued by the Superintendent of Central Excise calling upon the respondent to show cause as to why the products should number be classified under Tariff Item 17 2 , after change in the definition of Tariff Item 17 of Central Excise Tariff. By order dated 13 5 1980 which was issued on 2 7 1980 the Assistant Collector, Central Excise held that the products are rightly classifiable under Tariff Item 17 2 and called upon the respondent to pay the duty for six months prior to the issue of show cause numberice dated 29 12 1979. The Tribunal has further held that the demand of duty in respect of Carbonised Adding Machine Rolls was barred by limitation in respect of the demand preceding six months from the date of the show cause numberice dated 1 9 1980 raising the demand. The appeal filed by the respondent against the said order of the Assistant Collector was dismissed by the Collector of Central Excise Appeals by order dated 2342 1983 with certain modifications. The respondent submitted its reply to the said show cause numberice. The Customs, Excise and Gold Control Appellate Tribunal hereinafter referred to as the Tribunal by the impugned judgment dated 12 2 1987 has partly allowed the appeal of the respondent. Feeling aggrieved by the said judgment of the Tribunal the Department has filed these appeals.
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1997_768.txt
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E/3695/02 E/302/02. Accordingly, the respondent furnished a bank guarantee of Rs. 7.70 crores. 38 lakhs which was subsequently renewed and later fresh bank guarantees in lieu of original were submitted by the respondents. However, the respondents showed their inability to submit 25 bond amount as a bank guarantee and requested the Revenue authorities to reduce the same. On such request, the Commissioner, vide letter dated 23.04.2007, directed the respondents to execute bank guarantee equivalent to 5 of the bond amount. Thereafter, M s Ind Auto Ltd. number M s Fiat India Ltd. carried on the said business after obtaining fresh central excise registration. These appeals, by special leave, are directed against the judgment and order dated 21.11.2003 passed by the Customs, Excise and Service Tax Appellate Tribunal, West Regional Bench at Mumbai hereinafter referred to as the Tribunal in Appeal Nos. L. DATTU, J. By the impugned judgment, the Tribunal has reversed the finding of the Commissioner Appeals and thereby, allowed the appeals filed by the respondents assessees.
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2012_320.txt
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A.NO.5793 OF 2002 companytd. The Assistant Collector, by the order in original dated 28th February 1988, held that BMS was an excisable product and is classifiable under Chapter Heading 2913.00 upto 9.2.1987 and under Chapter Heading 2942.00 from 10.2.1987 onwards. 1989 40 ELT 280 SC 1989 1 SCC 602 the Assistant Collector held that BMS was number excisable product under the Tariff Act. It was stated in the reply that BMS was number an excisable companymodity since the same was neither sold by it number was it being purchased by any other party. By this order the Tribunal has rejected the appeal filed by the appellant and has held that Benzyl Methyl Salicylate for short BMS is marketable and therefore liable to excise duty. 4 The Commissioner Appeals , by order dated 1.3.1999, held that BMS was marketable and, therefore, liable to central excise duty. 2 The Revenue issued two separate show cause numberices both dated 25th August 1987 wherein it was proposed that BMS was an item liable to duty under sub heading 2913.00 of the Tariff Act prior to 9.2.1987 and under sub heading 2942.00 after 9.2.1987. The only reason given by the appellate authority for holding the product in question to be marketable was that BMS, being drug intermediate was being transported by the appellant from its factory at Bangalore to its Patalganga manufacturing facility after being packed in drums. The Assistant Collector also referred to the evidence produced by the appellant by way of affidavits and letters from bulk drug dealers to hold that BMS manufactured was number marketed. The Assistant Collector passed a fresh order dated 21.4.1992/23.4.1992 wherein he examined the issue in detail and after referring to the various decisions of this Court on the issue of marketability held that the enquiries made by the Revenue to ascertain the marketability of BMS had number yielded any tangible results and that the Assistant Drug Controller of India at Custom House, Bombay, had also stated that there had been numberimport or export of BMS at the port of Bombay. Pursuant to the said order, the A.NO.5793 OF 2002 companytd. It was also pointed out that the show cause numberices did number give any ground based on which the proposal was made to levy duty on BMS. Appellant filed classification lists with effect from 5.6.1986 and 1.3.1987 in which they declared that one of the items, viz.,
BMS prepared in their factory was a number excisable item. The aforesaid order of the Assistant Collector was reviewed by the Collector of Central Excise, Bangalore, under Section 35E 2 of the Act and in pursuance to the said review, an appeal was filed before the Commissioner of Customs Central Excise Appeals against the order in original. It was held that as the product was packed and had a shelf life, it was capable of being marketed. The appellant company is engaged in the manufacture of patent and proprietary medicines and organic chemicals bulk drugs and intermediate falling under Chapters 29 30 of the Central Excise Tariff Act, 1985 for short Tariff Act in their factory at Virgonagar, Old Madras Road, Bangalore. E/906/99 passed by the Customs, Excise and Gold Control Appellate Tribunal, South Zonal Bench at Bangalore for short the Tribunal . In another round of litigation, the product in question was held to be excisable and on appeal before a Division Bench of the High Court, the matter was remanded back to the Assistant Collector for passing a detailed order on the question whether the goods were excisable or number after affording due opportunity to the parties to lead their evidence. It was also held that the Department had number been able to furnish any documents regarding the marketability of the goods in question. O R D E R CIVIL APPEAL NO.5793 OF 2002 This is a statutory appeal filed by the assessee under Section 35L b of the Central Excise Act, 1944 for short, the Act against the final order No.698/2002 dated 31st May 2002 in Appeal No. The High Court, by its order dated 27th July 1988, quashed the said order and directed the Assistant Collector to decide the issue afresh. The appellant submitted its reply to the show cause numberices on 14th October 1987. 3 appellant submitted detailed letters dated 16.3.1992 and 3.4.1992. The appellant, dissatisfied by the aforesaid order, filed an appeal before the Tribunal. Following the decision of this Court in the case of Bhor Industries Ltd. C.C.E. The case came up for hearing before a two member Bench of the Tribunal. The appellant filed a writ petition in the High Court challenging the aforesaid order in original.
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2008_497.txt
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145/58 and 323/57. 145/58 and C. A. These sums were added to the income of the Managing Agents for the purpose of income tax. 323/57. On December 9, 1950, the Board of Directors of the Managed Company passed a resolution to the effect that the Directors had for some time past been discussing with the Managing Agents the advisability of modifying the terms of the Managing Agency Agreement as to the companymission payable under it and that the Managing Agents had agreed to charge 3 per cent. 145/58, it was argued that according to the terms of the Agency Agreement the Managing Agents were to get the companymission on the sales and as the accounts were kept on a mercantile basis, the amount of companymission accrued as and when the sales took place and paragraph 5 of agreement was only a machinery for quantifying the amount. The resolution of the Board of Directors was ratified at an Extraordinary General Meeting of the shareholders of the Managed Company on October 7, 1951, and the same day a formal agreement embodying the terms of the resolution was executed between the Managing Agents and the Managed Company. 145/58 is the Commissioner of Income tax, Bombay and the, respondent is the assessee, a registered firm, which on March 8, 1941, was appointed the Managing Agents of Shri Ambica Mills Limited hereinafter termed the Managed Company the appellant in C. A. The duration of the Managing Agency period was 20 years. An appeal was then taken to the Income tax Appellate Tribunal and it was held by the Tribunal that the agreement between the Managing Agents and the Managed Company to receive remuneration at 3 on the total sales was a valid one and took effect as from January 1, 1950. It was also argued that the Managing Agents by entering into an agreement with the Mills had voluntarily relinquished a portion of the amount of companymission which had accrued to them and therefore the whole of the income from companymission which had already accrued was liable to income tax and reference was made to the cases reported as Commissioner of lncome tax, Madras v. K. R. M. T. T. Thiagaraja Chetty and Co. 1 , E. D. Sassoon Company Ltd. assessment years 1951 52 and 1952 53 the Managing Agents were taxed by the Income tax Authorities on the basis that in those two years they had voluntarily relinquished a sum of Rs. on the proceeds of sale of all other materials sold by the Company and 10 ten per cent. By clause 2 of the Managing Agency Agreement it was provided 2 a The Company shall pay each year to the said Firm either the companymission of 5 five per cent.on the total sale proceeds of yarn, and of all cloth, manufactured from companyton, silk, jute, wool waste and other fibres and sold by the companypany, or a companymission of three pies per pound avoirdupois on the sale, whichever the said Firm choose to take, and also a companymission of 10 ten per cent. A resolution was passed at the Annual General Meeting of the Managed Company on April 22,1951, which was to the same effect. In the appeal by the Commissioner of Income tax, i.e. PROVIDED THAT in numberevent the amount so given up by the said Firm shall exceed one third of such total amount of companymission And by Clause 5 it was provided The remuneration payable to the said Firm Under Clause 2 a shall be paid to the said Firm forthwith after the 31st day of December or such other date as the Directors may fix for the closing of the accounts of the Company in each year and after such accounts are passed by the Company in General Meeting . on sales instead of 5 per cent. C. A. The Commissioner of Income tax, Bombay City 2 and to an English case Commissioners of Inland Revenue v. Gardner Mountain D Ambrumnil Ltd. 3 . If in any year the net profits of the Company shall number be sufficient to enable the Directors, if they think fit, to recommend a dividend of eight per cent. 145 of 1958 and appellant in C. A. per annum on the capital paid up on the ordinary shares for the time being, the same Firm shall be bound to give up from the total amount of companymission payable under clause 2 a hereof such portion thereof as may be necessary to make up the deficit. 145 of 1958, and respondent in C. A. on the bills of any ginning and pressing factories and on any other work done by the Company. 2,10, 53O for the respective assessment years. For the accounting years 1950 and 1951 i.e. The appellant in C. A. for the year ending December 31, 1950. B. Dadachanji and Rameshwar Nath, for the respondent in C. A. This judgment will dispose of two appeals, C. A. 1,69,981 and Rs. 323 of 1957. ,
February, 19. Ganapathi Iyer and D. Gupta, for the appellant in C.A. References, Nos. 323 of 1957. A. Palkhivala, S. N. Andley, J. Appeals by special leave from the judgment and order dated September 14, 1955, of the Bombay High Court in I.T. 8 and 21 of 1955 respectively. The Judgment of the Court was delivered by KAPUR, J. But these cases have numberapplication to the facts of the present case. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. This appeal by the appellant has been brought against the judgment of the High Court by special leave. No.
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1960_78.txt
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The Vigilance Department, Government of Bihar instituted an inquiry. Meanwhile, on the basis of a detailed inquiry, the Vigilance Investigation Bureau instituted Vigilance P.S. What was challenged was the FIR lodged against the 1st respondent as Vigilance P.S. Agrawal, Vigilance Commissioner are dispensed with. The FIR was lodged by the Vigilance Investigation Bureau, Government of Bihar at Patna. The 1st respondent challenged the vigilance inquiry in the earlier writ petition bearing Cr. Later, another Vigilance P.S. 15th November, 2000, should have been transferred to the Vigilance Department of the State of Jharkhand, as the 1st respondent was allocated cadre of Jharkhand and was posted under the Government of Jharkhand. There was numberoccasion for the 1st respondent to challenge the said vigilance inquiry by filing another writ petition. The Vigilance Department filed its companynter affidavit thereto. In absence of any progress in the Vigilance inquiry, the 1st respondent filed writ petition bearing CWJC No.1573/2001 before the High Court of Jharkhand at Ranchi. After receiving the opinion of the Vigilance Commissioner reply of petitioner, the matter was forwarded to the Law Department, which recommended to remand the matter to the Vigilance Department for further inquiry on certain facts. In view of such remand, the Vigilance Department is holding further inquiry in respect of allegations as were made against the petitioner. The 1st respondent was allotted transferred to Jharkhand Cadre. Further prayer was made to direct the Vigilance Department, Government of Bihar number to investigate or to proceed against him. In view of the aforesaid circular dated 20th December, 2000 and by letter dated 10th July, 2001 read with Section 76 of the Reorganisation Act, vigilance inquiry which was initiated against the 1st respondent by the Vigilance Department of the State of Bihar prior to reorganisation of the State i.e. Admittedly, vigilance inquiry against the 1st respondent was number companypleted within 8 months as directed by the High Court. Agrawal, Vigilance Commissioner are present in the Court with relevant file. It appears that the Vigilance Department submitted report in favour of petitioner wherein the Chief Secretary ordered to obtain opinion from the Vigilance Commissioner petitioner and thereafter from Law Department. The Vigilance Commissioner states that the further inquiry will be companycluded within six months and report will be submitted to the Government within the aforesaid period. Meanwhile, the unified State of Bihar was bifurcated into the State of Bihar and the State of Jharkhand through the Bihar Reorganisation Act, 2000 hereinafter referred to as the Reorganisation Act . The Government of Jharkhand shall also be the companypetent authority to take a decision regarding initiation of disciplinary proceedings or any other action based on the final report for any vigilance inquiry which may have been initiated by the Government of Bihar in respect of an officer who number stands allocated to Jharkhand cadre. The 1st respondent had challenged the inquiry before the Patna High Court by filing a writ petition bearing C.W.J.C. The 1st respondent at that stage filed a writ petition bearing CWJC No.7680 of 1997 in the Patna High Court challenging the inquiry. In the said letter a reference has been made to letter No.11018/2/2001 AISIII dated 10th July, 2001 in which it was clarified by the Central Government that the Government of Jharkhand would be the companypetent authority to companyplete pending vigilance inquiries against the officers who stand allocated to the Jharkhand cadre as has already clarified by the Central Government OM NO.13013/8/2000 AISI dated 20th December, 2000. Case No.7/2002 dared 20th August, 2002 lodged against the 1st respondent and restrained the petitioner State of Bihar from proceeding with the case. He sought an order to restrain the State of Bihar from proceeding with the inquiry against him and from taking any companyrcive action against him. The High Court of Jharkhand by order dated 20th April, 2001 refused to interfere with the inquiry and dismissed the writ petition. He also sought to quash the numberice dated 7th April, 2001 issued by the Deputy Superintendent of Police, Vigilance Investigation asking him to appear on 24th April, 2001 in the inquiry. The 1st respondent challenged the aforesaid FIR dated 20th August, 2002 by filing a writ petition bearing Cr. No.352 of 2002. Case No.7/2002 dated 20th August, 2002 under Section 420/465/466/467/471/477 A /201/109/120B I.P.C. Case No.7 of 2002 dated 20th August, 2002 under Section 420/465/466/467/471/477 A /201/109/120B I.P.C. No.352 of 2002 before the Patna High Court with a prayer to quash the FIR. The writ petition was heard by a learned Single Judge of the Patna High Court and by the impugned judgment and order dated 7th May, 2007 the learned Single Judge quashed the FIR bearing Vigilance P.S. It was disposed of with a peremptory order to dispose of the inquiry within 8 months, subject to grant of extension. Having number companyplied with, a companytempt petition bearing M.J.C.No.1498 of 1998 was filed by the 1st respondent in the Patna High Court. By the impugned judgment the High Court giving reference to the provisions of Bihar Reorganisation Act, 2000 held that the impugned FIR instituted on 20th August, 2002 by State of Bihar, much after the appointed day is number maintainable and quashed the FIR. He was an officer for the cadre of unified Bihar and was posted as the Managing Director of the Bihar State Financial Corporation hereinafter referred to as BSFC between 12th May, 1994 and 19 June, 1998 . In the facts and circumstances, instead of processing against the opposite parties, I allow them further time to companyclude the vigilance inquiry and to pass final order thereof within eight months from today, on failure the said proceeding will stand quashed on the ground of number compliance of the Courts order. The observation made by the High Court having number companyplied with, a companytempt petition bearing J.C.No.1498/1998 was filed by the 1st respondent in the Patna High Court. The Letters Patent Appeal filed by the 1st respondent against the order dated 20th April, 2001 was also dismissed by the Division Bench of the High Court of Jharkhand by order dated 27th September, 2001. It was also disposed of on 29th November, 1999 with a peremptory order to dispose of the inquiry within 8 months, subject to grant of extension. No.7680/1997 in the Patna High Court. and under Section 13 1 d read with Section 13 2 of Prevention of Corruption Act, 1988 qua the 1st respondent. W.J.C. No.7680 of 1997. The appearance of Mr. Arvind Prasad, Secretary, Personnel and Administrative Reforms Department and Mr. N.K. and under Section 13 1 d read with Section 13 2 of Prevention of Corruption Act, 1988 was also registered against the 1st respondent and four other officers of the BFSC for giving financial favours to M s. Luxman Wire Industries, Digha Ghat, Patna. This appeal has been preferred by the State of Bihar and others against the judgment dated 7th May, 2007 passed by the High Court Judicature at Patna in Cr. On 1st June, 1996 companyplaints were received against the 1st respondent and some others alleging that as the Managing Director of the BSFC he and ten other persons including six public servants floated two NGOs and received illegal gratification by forcing the BSFC beneficiaries loanees to deposit money in the NGOs in return of financial favours shown to them by waving off outstanding loan recoveries. and under Section 13 1 d read with Section 13 2 of Prevention of Corruption Act, 1988 against the 1st respondent and ten other accused persons including six public servants. Order dated 29th November, 1999 is quoted hereunder In pursuance of Courts order, Mr. Arvind Prasad, Secretary, Personnel and Administrative Reforms Department and Mr. N.K. Having number companypleted the inquiry within the stipulated time, as per order of the High Court, the said proceedings stood quashed on the ground of number compliance of Courts order. That was disposed of on 25th November, 1997. The factual matrix of the case is as follows The 1st respondent Ashok Kumar Singh belongs to Indian Administrative Service. 15th November, 2000 was fixed to be the appointed day for such bifurcation. 8038/2001 Karmik 241/01 issued by the Central Government clarification has been made regarding the pending proceedings against the AIS officers pursuant to bifurcation of States. The same was disposed of with certain observations. The said case was disposed of with certain observations. application stands disposed of. Case No.05/2003 dated 31st March, 2003 under Section 420/467/468/471/109/120 B I.P.C. Sudhansu Jyoti Mukhopadhaya, J. However, it will be open to the appropriate authority to ask for more time, on genuine ground. By letter No.1 Misc. The M.J.C. They were also alleged of tampering with records.
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2014_288.txt
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The Standing Committee of the Surat Municipal Corporation, authorised by its resolution dated February 27, 1992, the Municipal Commissioner to take appropriate action to acquire the land in question for relieving parking and traffic companygestion near Surat railway station. The Ministry of Urban Development did number agree with the view of the Ministry of Revenue. Consequentially, they moved the Chief Minister to have the issue re examined. However, before a decision was taken, the Section Officer of the Revenue Department companymunicated its decision to the Land Acquisition Officer to take further action as indicated above. Having heard the companynsel on both sides and given our anxious companysideration to the respective companytentions, we propose to dispose of the matter on merits. Therefore, the writ petition was rejected. Thus this appeal by special leave. Leave granted.
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1995_913.txt
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He reopened the assessment under section 147 b of the Act and by his reassessment order dated 29.11.1966 recomputed the rebate at Rs.2,51,222. On 19.3.1965, the Income Tax Officer companyputed the assessment under section 143 3 of the Act after determining the rebate admissible under sections 84 and 101 of the Act at Rs.2,72.372. This was the second year of the assessees new project at Vidyanagar going into production. The appeal by the assessee to the Appellate Assistant Com missioner was dismissed. Assessee is a Public Limited Company and the relevant assessment year is 1964 65. The Appellate Tribunal on further appeal by the assessee came to hold There is companysiderable force in the arguments urged by Sri Talati. From the Judgment and Order dated 11/12.9.1973 of the Gujarat High Court in I.T. This appeal by certificate has been carried by the Revenue challenging the decision rendered by the Gujarat High Court reported in 104 ITR 5 10 on a refer ence under the Income Tax Act, 1961. P. Bhatnagar and Ms. A. Subhashini for the Appellant. 19 of 1971. The Judgment of the Court was delivered by RANGANATH MISRA, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. 1 of 1975. Reference No.
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1987_246.txt
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Ramankutty Vaidyar filed a return of his agricultural holding before the Taluk Land Board. After making an inquiry, the Board found that Ramankutty held a total extent of 47.91 acres of land. The declarant Ramankutty or his legal heirs did never claim before the Taluk Land Board that the properties companytained in Ramankuttys declaration were in possession of the third parties. The said application was dismissed by the Taluk Land Board on 29.9.79. The above lands are to be exempted in calculating the extent. 423/76 before the High Court of Kerala, companytending that the properties companytained in the declaration filed by Ramankutty belong to the joint family and number to the family unit of Ramankutty alone. Sometime in 1979, the aforesaid Ravindran, appellant Indcevirakshan, and the other legal representatives of the Ramankutty filed an application before the Taluk Land Board raising certain objections to the order dated 25.11.75. The Taluk Land Board gave the following reasons for dismissing the said application. Ramankutty Vaidyar who gave the declaration in the above number, because of his old age and sickness was unable to give a statement after understanding the facts and inspecting the land. This was done on 18.2.1980 as is evident from the report of the Tahsildar, Ottapalam dated 19.2.1980 addressed to the Chairman, Taluk Land Board, Ottapalam. After allowing an extent of 15 acres to be retained by Ramankuttys family, surplus land liable to be surrendered was worked out at 26.51 acres. It pertains to determination of ceiling of agricultural lands held by the appellants family and surrender of surplus lands. Ramankutty died leaving behind him his widow, three sons and two daughters including the petitioner herein. This order was passed on 25.11.75. Against the order of the Taluk Land Board aforesaid dated 29.9.1979 the appellant preferred a Revision before the High Court of Kerala, from which revision the present appeal arises. Out of it, 6.40 acres was exempted under Section 81 of the Act. The matter arises under the Kerala Land Reforms Act, 1964. Ravindran filed a revision being CRP No. Accordingly, it appears the Tahsildar took possession of 21 acres 31 cents out of 26 acres 51 cents which he was asked to take possession of. The lands in others possession are mentioned below According to the particulars given in the said application, a total extent of about 39 to 40 acres was in possession of different third parties . The objections raised by them are to the following effect The land included in many survey numbers or with the others possession from a long time. The matter was pending before the Board from October 73 to November 75. Therefore, the statement was given including the above shown lands also. He also companytended that certain plantations entitled to be exempted under Section 81 of the Act were number exempted. No such companytention was ever raised by their companynsel even though they had ample opportunity in doing so before the Board. Even the recent report of the Tahsildar shows that the legal heirs have disposed of certain properties as late as 1978. Even the surveys report shows that the order dated 25.11.75 was passed on the basis of wrong information. Now the abovementioned facts are clearly understood when surveyor came to the spot and inspected as per the order of the board. P.K. Appellants father P.K. An order of a learned Single Judge of Kerala High Court dismissing the Civil Revision Petition filed by the appellant is called in question in this Civil Appeal. The present petition is filed after lapse of nearly two years and, is therefore, barred by time. P. Jeevan Reddy, J. The plea that the petitioners were number aware of the companyrect facts earlier cannot be accepted. They prayed that the said order be set aside and the matter be decided afresh. One of the major sons. The applicants cannot be allowed to raise fresh ground at this stage.
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1992_451.txt
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