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B. Pattanaik, M. Srinivasan and N. Santosh Hegde, JJ.
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1999_324.txt
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572 of 2014 by the 7th respondent auction purchaser. 572 of 2014 and Writ Petition No. 650 of 2014 by the Bank and Writ Petition No. 650 of 2014 filed by the first respondent Bank and the 7th respondent auction purchaser respectively. Challenging the order passed by the Divisional Joint Registrar, both the Bank as well as the 7th respondent auction purchaser have filed two writ petitions before the High Court, being Writ Petition No. 173 of 2014 before the High Court, praying for a direction to the first respondent to process his application for One Time Settlement. In the meanwhile, the appellant had already filed Writ Petition No. KURIAN, J. Leave granted.
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2016_540.txt
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3219/77. On 26 9 1977, his services were terminated by the Senior Superintendent of Police. Sachthey and A. Sachthey for the Respondent. 924 of 1970. In support of this submission, reliance is placed by the appellant on a Division Bench Judgment of this Court in case of The Superintendent of Police, Ludhiana and Anr. This appeal by special leave is directed against the judgment of the Punjab Haryana High Court dismissing the Writ Petition filed by the appellant against the order of his termination passed by the Senior Superintendent of Police. S. Marwah, R.N. Appeal by special leave from the Judgment and order dated 19 10 1977 of the Punjab and Haryana High Court in Civil Writ Petition No. Against this order, the appellant moved the High Court of Punjab Haryana but his petition was rejected. The appellant was appointed on 2 7 1973 as a temporary Assistant Sub Inspector of Police. The Judgment of the Court was delivered by FAZAL ALI, J. Thereafter, he came to this Court and after obtaining special leave from his Court, the appeal has been placed before us for hearing. CIVIL APPELLATE JURISDICTION Civil Appeal No. Appellant in person.
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1979_337.txt
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Calculating machines. Reproducing machines. a reproducing machine. Attendance machines. Stapling machines. Punching machines. Dictating machines. Accounting machines. Perforating machines. Addressing machines. Checking machines. Statistical machines including sorting and tabulating machines. Coin sorting machines. Coin wrapping machines. Coin companynting machines. Postage franking machines. Cheque writing machines. Photo companyying machines. Automatic vending machines including ticket issuing machines. Stamp cancelling machines. Letter folding machines. Letter opening machines. 33D OFFICE MACHINES AND APPARATUS Item No. Interpreting machines 15. Time recording machines. Hectograph or stencil duplicating machines. Letter closing or sealing machines. Machines for moistening gummed paper or stamps. Machines for delivering wrapping paper or gummed tape. Tariff Description Rate of duty 33D Office machine and apparatus, including typewriters, calculating machines, cash registers, cheque writing machines, accounting machines, statistical machines, intercom devices but excluding telephones , tele printers and auxiliary machines for use with such machines, whether in assembled or unassembled companydition, number elsewhere specified. Cash registering machines whether known as cash registers or by any other name . Explanation The term office machines and apparatus shall be companystrued so as to include all machines and apparatus used in offices, shops, factories, workshops, educational institutions, railway stations, hotels and restaurants for doing office work, for doing office work, for data processing and for transmission and reception of messages. Intercom devices. 33D which reads as follows ITEM NO. 33D provided they were other than those specified in the Schedule. 129/71 CE.,
dated 3rd July, 1971 and 49/76 C.E., dated 16th March, 1976, exemption from whole of the duty was given to office machines and apparatus falling under Item No. It is an admitted position that MFRP would fall under Item No. By Notification No. The Schedule reads as follows THE SCHEDULE Typewriters including those incorporating calculating device. The appellants claimed exemption under this Notification for their MFRP. The appellants are manufacturers of Micro Film Reader Printer for short MFRP . This exemption was denied to them by the Assistant Collector on the ground that they fell under Item No. Paper shredders of a kind used for destroying companyfidential waste. Special excise duty 5 of the basic duty chargeable vide Notification No. This appeal is against the decision of the Customs, Excise Gold Control Appellate Tribunal dated 29th March, 1993. Totalisers. 51/70 CE.,
dated 1st March, 1970 as amended by Notification Nos. 128/85 C.E., dated 24 5 1985. Teleprinters. The respondent then filed an appeal before the Customs Excise Gold Control Appellate Tribunal which by the impugned order has disallowed the claim. 21A. 29A. 19A. Twenty percent ad valorem. In appeal the Collector of Central Excise, by his order dated 31st May, 1990, allowed the claim of the appellants. 18A. 13 i.e.
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2002_697.txt
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No.1005 of 2011. Appeals No.56/2011 and 61/2011 filed by the appellant against the said order before the Principal Senior Civil Judge and CJM Ramanagara having failed, the appellant filed Writ Petitions No.8487 8491 of 2012 GM CPC and W.P. The appellant company is engaged in the manufacture of automobile parts in the name and style of M s Stanzen Toyotetsu India Pvt. The applications though opposed by the appellant company were allowed by the Principal Civil Judge and JMFC Ramanagara by an order dated 13th October, 2011 staying the domestic enquiry pending against the respondents till the disposal of criminal case in C.C. In the result the disciplinary enquiry pending against the respondents remained stayed pending companyclusion of the criminal trial. No.9381 of 2012 GM CPC before the High Court of Karnataka which petitions too failed and have been dismissed by the High Court in terms of a companymon order dated 15th June, 2012 impugned in the present appeals. Interlocutory Applications seeking temporary injunctions in each one of the suits against the on going enquiry were also filed in the said suits. Ltd. while the respondents are workmen engaged by the appellant in companynection with the said business. The present appeals, as numbericed earlier, assailed the companyrectness of the said judgment and orders. S. THAKUR, J. Leave granted.
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1947_35.txt
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8647, 4106/78, 5217/77, 8257/78, 8268, 8652, 8656, 8658, 8699, 8769, 7399, 7400, 7401, 8261, 8270, 8274, 6283, 6693, 4248, 5828, 6695/78, 1387, 3262, 537, 1459/79, 5820, 4249, 1086, 5081, 3028, 4725 28/79, 6692, 6694, 5824/78, 3027, 3030, 3031. 3689/77, 7722/79, 6315, 6319, 6322, 6326, 6327, 6329, 5059, 5060, of 1979, 7392/78, 6286/78, 8264, 8265, 8266, 8651, 8654, 8655, 8659, 8660, 8661, 8696, 8697, 8698, 8765, 8766, 8767, 8773, 8774, 8653, 8259, 8210, 8258, 6288, 6690, 8263, 7394 95, 6287, 4104, 6302, 7393, 7739, 7743, 7744.
of 1978, 4902/79, 339/79, 1167/78, 1860/78, 4772 4776/79, 2976/76. Appeals by Special leave by Certificate from the Judgments and orders dated the 30th October, 1978, 8th November, 1978, 12, 15, 16th January, 1979, 8th, 12th, 17th, 21st, 23rd February, 1979, 2nd, 5th, 12th, 26th, 30th March, 1979, 2nd, 4th, 17th, 23rd, 25th, 26th April, 1979, 2nd, 7th, 9th, 10th, 16th May, 1979, 4th, 5th, 6th, 10th, 13th, 16th, 23rd July, 1979, 11th, 14th, 18th, 26th September, 1979, 24th October, 1979, 5th, 8th and 21st November, 1979, 10th, 12th, 18th December, 1979 and 15th, 16th, 21st January, 1980, 14th, 17th, 18th, 20th, 21st, 26th, 27th and 28th March, 1980, 1st, 15th, 30th April, 1980, 5th May, 1980, 30th June, 1980, 4th, 5th, 14th, 19th, 20th and 28th August, 1980.,
2nd, 5th, 15th September, 1980, 12th January, 1981, 10th February, 1981, 9th, 11th, 13th March, 1981, 2nd, 8th, 11th, 18th, 21st May, 1981, 7th, 20th July, 1981, 7th August, 1981, 25th, 28th, 29th September, 1981, 12th, 15th, 16th, 19th, 21st, 23rd October, 1981, 2nd, 3rd 4th, 6th, 11th, 12th, 13th, 17th, 23rd, 24th. 1464 1466, 1455 60/7745/78, 344/79, 1184, 1586, 5823, 5833178, 694, 697 712, 841 842, 843, and 893/79, 2060 67, 2068 2070, 8267, 442, 443, 446 52, 481, 538/79, 8829 32, 8862 8864, 8910, 8912/78, 340 42/79, 5192, 5225, 5822, 6282, 6284 85, 6303, 7731, 7742/78, 2953 56, 2519, 3654 55, 1548, 1705, 1708 09, 8833, 6314, 6318, 6321, 3402, 1706 07, 1710/79, 5831/78, 7993, 6339, 6331, 6333 36, 6338, 6340, 9432, 9431, 8345, 9430, 7989/79, 4247/78, 10558/79, 2883/80, 596, 2689, 2888, 1938, 2581, 2580, 5364/80, 10563, 5830/79, 3245/80, 7738/79, 447/80, 2755, 1712, 2895, 7173/80, 8510/79, 1939/801 7429, 7903, 3604, 6190, 7911, 3338, 1937, 3933/80, 8273/70, 5369/80, 7163/80, 356/81, 2803, 2804 06, 2125/81, 595/80, 2803/79, 2804, 3656/79, 10723/80, 9382, 8430, 8192, 9595, 8286, 8429, 9383/80, 6625/81, 6626, 6624, 5600/88, 7983/80, 11296/80, 8408/81, 5257/80, 10093/80, 1453/79, 1942/80, 1943, 1940, 2352, 7172, 5260/80, 9134/78, 4456/79, 9744/78, 4107/78, 2790, 517580/80, 646/819 6609/80, 5257/79, 650/81, 10406/80, 338, 8278, 5456/79, 8262/78, 6332/79, 3555, 250, 9629/81, 442/80, 648/81, 5258, 5253, 196/81, 3244/79, 5256, 6354, 2392/81, 8277/79, 8348/79, 6353, 7714, 7726, 6352, 6317/81, 8347, 3034/79, 1454/80, 10633/80, 8879/80, 14320/81, 1063/80, 6064/79, 3605/80, 14990/81, 75/82, 2853/82, 3933/80, 3758/82, 8681/81, 5258/80, 7598/80, 7234 35, 7237/80, 2978 2974/80, 1956/82, 5256/80, 2831/82, 3430/82, 7594/80 and 2778 of 79 For The Appellants Dr. L.M. 3032, 3033, 3035/79, 1419/77, 5827/78, 4105/78, 5825/78, 5237, 6189, 6633, 6634/79, 7396/77, 6190, 7049, 5232, 5233, 5234 38, 4903/79, 8768/78, 1612, 2316, 2312, 2775, 2776 78/79, 8271 72178, 1385, 1390, 1392, 1446 51, 2513 15, 2520, 2521, 1388 89, 1391, 2530, 2869, 1467 75, 2529, 1123, 2779 81, 2868, 3263 3264, 3658, 3307, 345179, 10359, 10353 58, 10360/78, 2516 18, 2522 and 2532, 1451 1462. 2005/82, 995, 1021 27180, 2927 28/81, 2006 07, 2008 24, 2025, 2026 27, 2028, 2029, 2030 33, 2176, 2179, 2180 84, 2234, 2235, 2241, 2178, 3224 28 and 2832/82 and 6840, 6943, 6842, 6846, 6847 52, 6855 6860, 6861, 6863, 6870, 6871, 6873 80, 6882, 6889, 6890 92, 6881, 6845, 6872, 6883 6888, 6899 6915, 6918, 6919 22, 6923 6943, 6945 54, 6969 76, 7174 7200, 7342 7347, 7202 45, 7247 54, 7257 83, 7296, 7297 to 7311, 7313, 7314 7333, 7201, 7335 7340, 8211 8217, 8218 23, 8224, 8230, 8231, 8243, 8245 8256, 8261, 8260, 8262 8265, 8296 8329, 8337 59, 8375 76, 8377 8377C. 27th November, 1981, 1st, 2nd, 23rd December, 1981, 11th, 18th, 26th February, 1982, 1st, 15th March, 1982, 5th April, 1982, 21st and 27th, May, 1952 of The Allahabad High Court in Civil Misc. Singhvi Prathvi Raj, B.P. Chitale, Dr. Meera Agarwal and R.C. K. Bisaria, Pradeep Misra and Sudhir Kulshreshtha in CA. Singh For The Respondents N. Kacker, R.K Jain Dr. Y.S. 994 1021 1027 of 1980. Sharma in CA. Mishra in CAs. 2026 2027 of 1982. 208 2024 of 1980. K Srivastava in CA. Pramod Swarup and Arun Madan in CA. Maheshwari and B.P. 8378 8385 of 1983. 2176/82. N. Sharma and N.N. 7191/83 SLP. metres on which there was a building. Writ Nos.
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1983_375.txt
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It was stated in the companyplaint that Saroj got married to Jaswant on 14.4.1994 and that she was harassed for dowry by the aforesaid accused persons. The order dated 4.11.2003 disposing of the revisions in the aforesaid manner was challenged by Kurra Ram in the Revision Petition before the High Court. Background facts in a nutshell are as follows A companyplaint was filed by the aforesaid Kurra Ram alleging companymission of offences punishable under Sections 498 A, 406, 323, 506, 148 and 149 of the Indian Penal Code, 1860 in short the IPC by Jaswant son in law and husband of his daughter Saroj, Ran Singh and Raj Bala, the present appellants who were father and mother of Jaswant and two others namely, Jai Singh and Suman, the brother and married sister of Jaswant. Underlined for emphasis The High Court numbered that police had earlier registered a case and had sent cancellation report and thereafter the companyplaint was filed by Kurra Ram who appeared as PW 1, as his son Rajesh appeared as PW 2 and Saroj as PW 3. Separate Revision Petitions were filed by Jai Singh, Ran Singh and Suman taking the stand that there is numberoffence made out so far as they are companycerned. Learned Additional Sessions Judge found that numbercase was made out against aforesaid accused persons and directed that proceedings would companytinue only against Jaswant. Challenge in this appeal is to the order passed by a learned Single Judge of the Punjab and Haryana High Court allowing the Revision Petition filed under Section 401 of the Code of Criminal Procedure, 1973 in short the Code which was filed before it by Kurra Ram since deceased and represented by his daughter i.e. No.3089 of 2006 Dr. ARIJIT PASAYAT, J. Learned Additional Chief Judicial Magistrate, Hissar, after recording preliminary evidence of the companyplainant, decided to proceed against all the accused persons for the alleged offences. respondent No.2 in the present appeal. Leave granted.
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2008_2701.txt
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meters at Udyog Vihar, Gurgaon. The 1st Respondent was then informed that he had been allotted Plot No. and number 500 sq. 74 measuring 500 Sq. meters plot at Udyog Vihar, Gurgaon was accepted and in pursuance of such companycluded companytract an allotment was made. 750/ per sq. meters at Udyog Vihar, Phase 6, Gurgaon. meters at Udyog Vihar Phase 6, Gurgaon or 1/8 acre industrial plot at Industrial State, Bahadurgarh and that he should give his acceptance to one of the two plots. Thus the offer of 500 Sq. The 1st Respondent applied on a prescribed form for allotment of a 1/2 acre plot. The 1st Respondent by a letter dated 10th July, 1995 companyveyed his acceptance of the plot of 500 Sq. In spite of allotment of a specific plot the Appellants did numberhing. in Udyog Vihar Phase VI for his project Rs. In the companyrse of hearing before the Commission it was discovered that Plot number 74, which had been allotted to the 1st Respondent was 456 sq. 750 per Sq. The value of the plot shall be calculated Rs. Majority of the old allottees purchased the plots in the fresh auction at a higher rate. He represented that he had already been allotted a plot and the same should be given to him. The 1st Respondent did so. By a Letter dated 29th June, 1995 the Appellants informed the 1st Respondent that it was decided that he would be offered an industrial plot measuring 500 Sq. On 8th November, 1994 the Plot Allotment Committee called the 1st Respondent for personal discussion and evaluation of his project report. The Commission has inter alia directed as follows It is also directed that the applicant companyplaint be given a plot measuring number less than 500 sq. We also direct that the respondents companypensate the companyplaint by paying interest 18 per annum on the amount of earnest money in excess of 10 of the value of the plot 500 sq. Subsequently, the allotments were sought to be set aside and the plots were proposed to be sold by fresh auction. By these it was directed that plots in High Potential Zone, which included Gurgaon, companyld only be sold by an open auction and where the process of allotment had number been companypleted the application money should be returned and such plot should be put to auction in terms of the new Policy. As a result of this the 1st Respondent was informed that his allotment stood cancelled. 1,57,500/ . The 1st Respondent gave his companysent on 19th February, 1996 and the earnest money of Rs. meters in the Electronic Hardware Technology Part, Sector 34, Gurgaon. This Court ultimately held that as the majority had paid a higher rate it would be unfair to allow the minority to get the plots at old rates and directed payment of 50 more than the old rate. The 1st Respondent attended the personal discussion and discussed the viability of his project with the companycerned authorities. Briefly stated the facts are as follows Sometime in September October 1994 the 2nd Respondent issued an Advertisement inviting applications from prospective entrepreneurs for allotment of industrial plots of 1, 1/2, 1/4 acre at Rs. Thereafter the Appellants asked the 1st Respondent to submit his project report to them. The 1st Respondent refused to encash the bank draft sent to him. He was also told by the 2nd Respondent that he should give his companysent to have his Application and earnest money transferred to the Appellants. 1,57,500/ was transferred to the Appellants. As his representation was number companysidered the 1st Respondent filed a Complaint under Section 12 B read with Section 36A of the Monopolies Restrictive Trade Practices Act, 1969 before the Commission. The earnest money deposited by him, which had been kept by the 2nd Respondent and then by the Appellants from 1994 onwards, was returned without any interest. N. VARIAVA, J. LITTTTTTTJ This Appeal is against an Order dated 24th December, 1998 passed by the Monopolies Restrictive Trade Practices Commission hereinafter referred to as the Commission . The Commission after hearing the parties has passed the impugned Order dated 24th December, 1998. Some of the old allottees did number accept this and filed a Writ Petition. which was the prevailing rate at the relevant time. Along with his Application he paid a sum of Rs. The Government of Haryana issued directions on 15th July, 1996.
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2001_256.txt
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number 69 of 1961.
k. khanna and p. d. menumber. the earliest enactment dealing with this subject is the arms and ammunition and military stores act 18 of 1841 which came into force on august 30 1841 and that prohibited the export of arms and ammunition out of the territories belonging to the east india companypany and enacted certain prohibitions as regards the storing of ammunition. a. number 62 of 1960.
c. mathur and c. p. lal for the respondent in cr. number 69 of 1961.
k. garg d. p. singh and s. c. agarwala for the respondent in cr. this act was repealed by act 13 of 1852.
after the uprising against the british rule in 1857 the government felt that a more stringent law was required for preventing insurrections and maintaining order and so a new act was passed act 28 of 1857.
on that date a new act arms and ammunition act 31 of 1860 came into force. criminal appellate jurisdiction criminal appeal number 69 of 1961.
appeal by special leave from the judgment and order dated december 23 1960 of the punjab high companyrt circuit bench at delhi in criminal appeal number 10 d of 1960.
with criminal appeal number 62 of 1960.
appeal from the judgment and order dated december 23 1959 of the allahabad high companyrt in criminal revision number 1694 of 1958.
sarjoo prasad and k. k. sinha or the appellant in cr. a. number 62 of 1960.
may 3.
the judgment of the companyrt was delivered by venkatarama aiyar j. the appellant in criminal appeal 69 of 1961 jia lal was searched by the delhi police on april 15 1959 and was found to be in possession of an english pistol for which he held numberlicence. he was then prosecuted for an offence under s. 20 of the indian arms act of 1878 xi of 1878 hereinafter referred to as the act before the additional sessions judge delhi who companyvicted him under s. 19 f of the act and sentenced him to rigorous imprisonment for nine months. for the respondent in cr. numbersanction for the prosecution had been obtained as required by s. 29 of the act. the appellant preferred an appeal against his companyviction and sentence to the sessions judge saharanpur but the appeal was dismissed and the companyviction and sentence were companyfirmed. the appellant then took the matter in appeal to the high companyrt of punjab which companyfirmed his companyviction but reduced the sentence to 4 1/2 months rigorous imprisonment. the appellant then took the matter in revision to the high court of allahabad which rejected the same but granted certificate under art. it is against this judgment that this appeal by special leave is directed.
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test
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1962_140.txt
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A structure called the Ram Chabutra stood on the disputed site, within the companyrtyard of the disputed structure. On 6th December, 1992, the disputed structure was demolished. 2.15 The Hindu Idols thus companytinued inside the disputed structure since 1949. The disputed structure was used by the Muslims for offering prayers until the night of 22nd/23rd December, 1949, when Hindu idols were placed under the central dome of the main portion of the disputed structure. The structure companymonly known as Ram Janma Bhoomi Babri Masjid was erected as a mosque by Mir Baqi in Ayodhya in 1528 AD. The companytroversy entered a new phase with the placing of idols in the disputed structure in December, 1949. The Acquisition of Certain Area at Ayodhya Ordinance, 1993 No. 1.2 The companytroversy entered a new phase with the placing of idols in the disputed structure in December, 1949. A companytroversy, however, is raised about use of the disputed structure as a mosque from 1934 to December 1949. At 6.45 p.m. on that day the idols were replaced where the disputed structure had stood and by 7.30 p.m. work had started on the companystruction of a temporary structure for them Para 1.20 . THE ACQUISITION OF CERTAIN AREA AT AYODHYA ACT, 1993 NO. This structure also was demolished on 6th December, 1992 Appendix V to the White Paper . This structure was also demolished on 6th December, 1992 Appendix V of the White Paper . SPECIAL REFERENCE WHEREAS a dispute has arisen whether a Hindu temple or any Hindu religious structure existed prior to the companystruction of the structure including the premises of the inner and outer companyrtyards of such structure , companymonly known as the Ram Janma Bhumi Babri Masjid, in the area in which the structure stood in village Kot Ramachandra in Ayodhya, in Pargana Haveli Avadh, in Tehsil Faizabad Sadar, in the district of Faizabad of the State of Uttar Pradesh AND WHEREAS the said area is located in Revenue Plot Nos. Prior to December 1949 when the idols were shifted into the disputed structure from the Ram chabutra, worship by Hindu devotees at the Ram chabutra for a long time without any objection from Muslims is also beyond companytroversy. On the night of 22nd/23rd December, 1949, however, Hindu idols were placed under the central dome of the main structure. It is number companymonly retired to as Ram Janma Bhumi Babri Masjid. In 1959, a suit was filed by the Nirmohi Akhara claiming title to the disputed structure. In effect, therefore, from December, 1949 till December 6, 1992 the structure had number been used as a mosque. In effect, therefore, from December, 1949 till December, 1992 the structure had number been used as a mosque. The Government of India has also decided to request the President to seek the opinion of the Supreme Court on the question whether there was a Hindu temple existing on the site where the disputed structure stood. 8 of 1993 has been replaced by the Acquisition of Certain Area at Ayodhya Act, 1993 No. 33 of 1993, and the Special Reference under Article 143 1 of the Constitution STATEMENT OF OBJECTS AND REASONS There has been a long standing dispute relating to the erstwhile Ram Janma Bhumi Babri Masjid structure in Ayodhya which led to companymunal tension and violence from time to time and ultimately led to the destruction of the disputed structure on 6th December, 1992. Worship of these idols by Hindus also companytinued without interruption since 1949 and the structure was number used by the Muslims for offering prayers since then. 2.3 During the negotiations aimed at finding an amicable solution to the dispute, one issue which came to the fore was whether a Hindu temple had existed on the site occupied by the disputed structure and whether it was demolished on Babars orders for the companystruction of the Masjid. Till 6th December, 1992 this site was occupied by the structure erected in 1528 by Mir Baqi who claimed to have built it on orders of the first Mughal Emperor Babar This structure has been described in the old Government records as Masjid Janmasthan. A new dimension was added to the campaign for companystruction of the temple with the formation of the Government in Uttar Pradesh in June 1991 by the Bhartiya Janata Party BJP which declared its companymitment to the companystruction of the temple and took certain steps like the acquisition of land adjoining the disputed structure while leaving out the disputed structure itself from the acquisition. The Acquisition of Certain Area at Ayodhya Ordinance, 1993 was accordingly promulgated by the President on 7th January, 1993. One version is that after some disturbances in 1934, the use of the disputed structure as a mosque had been stopped from 1934 itself and number merely from December 1949. The acquired area excluding the area on which the disputed structure stood would be made available to two Trusts which would be set up for companystruction of a Ram Temple and a Mosque respectively and for planned development of the area. In pursuance of these decisions an Ordinance named Acquisition of Certain Area at Ayodhya Ordinance was issued on 7th January, 1993 for acquisition of 67.703 acres of land in the Ram Janma Bhoomi Babri Masjid companyplex. The companystruction of a Ram temple at the disputed site, after removal or relocation of the existing structure, was a major plank in BJPs campaign during elections held in 1989 and 1991. The Hindu organisations, on the other hand, stepped up their activities to mobilise public opinion for the companystruction of a Ram temple at the disputed site. The movement to companystruct a Ram temple at the site of the disputed structure gathered momentum in recent years which became a matter of great companytroversy and a source of tension. The VHP and its allied organisations based their demand on the assertion that this site is the birth place of Shri Ram and a Hindu temple companymemorating this site stood here till it was destroyed on Babars companymand and a masjid was erected in its place. During the negotiations aimed at finding an amicable solution to the dispute one issue which came to the fore was whether a Hindu temple had existed on the site occupied by the disputed structure and whether it was demolished on Babars order for the companystruction of the masjid It was stated by certain Muslim leaders that if these assertions were proved, the Muslims would voluntarily hand over the disputed shrine to the Hindus Paras 2.1, 2.2 and 2.3 of the White Paper . The focus of the temple companystruction movement from October 1991 was to start companystruction of the temple by way of kar sewa on the land acquired by the Government of Uttar Pradesh while leaving the disputed structure intact. 2.2 The VHP and its allied organisations base their demand on the assertion that this site is the birth place of Sri Ram and a Hindu temple companymemorating this site stood here till it was destroyed on Babars companymand and a Masjid was erected in its place. In 1961, another suit was filed claiming title to the disputed structure by the Sunni Central Wakf Board. In 1989, Deoki Nandan Agrawal, as the next friend of the Deity filed a title suit in respect of the disputed structure. In 1989 Devki Nandan Agarwal as the next friend of the deity, that is to say, the said idols, filed a title suit in respect of the disputed structure. RJB BM dispute is the demand voiced by Vishwa Hindu Parishad VHP and its allied organisations for the restoration of a site said to be the birth place of Sri Ram in Ayodhya. On 14th August, 1989, the High Court ordered the maintenance of status quo in respect of the disputed structure. 1 This Act may be called the Acquisition of Certain Area at Ayodhya Act, 1993. It was also stated by certain Muslim leaders that if these assertions were proved, the Muslims would voluntarily handover the disputed shrine to the Hindus. On 27th December, 1992, the aforesaid decisions taken on 7th December, 1992, to re build the demolished structure and to take appropriate steps regarding new Ram temple were elaboratedas follows The Government has decided to acquire all areas in dispute in the suits pending in the Allahabad High Court. On 1st February, 1986, the District Judge ordered the opening of the lock placed on a grill leading to the sanctum sanctorum of the shrine in the disputed structure and permitted Puja by the Hindu devotees. An organisation called the Babri Masjid Action Committee BMAC , seeking restoration of the disputed shrine to the Muslims came into being and launched a protest movement. As a result of demolition of Ram chabutra also on 6th December 1992, the worship by Hindus in general even at that place was interrupted. These parleys involving the Vishva Hindu Parishad VHP and the All India Babri Masjid Action Committee AIBMAC , however, failed to resolve the dispute. After the imposition of Presidents rule in the State of Uttar Pradesh as a companysequence of the events at Ayodhya on 6th December, 1992, action taken by the Central Government is detailed in Chapter VIII of the White Paper with reference to the companymunal situation in the companyntry which deteriorated sharply following the demolition of the RJB BM structure on 6th December, 1992 and spread of companymunal violence in several other States. 159 and 160 in the said village Kot Ramchandra AND WHEREAS the said dispute has affected the maintenance of public order and harmony between different companymunities in the companyntry AND WHEREAS the aforesaid area vests in the Central Government by virtue of the Acquisition of Certain Area at Ayodhya Ordinance, 1993 AND WHEREAS numberwithstanding the vesting of the aforesaid area in the Central Government under the said Ordinance the Central Government proposes to settle the said dispute after obtaining the opinion of the Supreme Court of India and in terms of the said opinion AND WHEREAS in view of what has been herein before stated it appears to me that the question hereinafter set out has arisen and is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court of India thereon NOW, THEREFORE, in exercise of the powers companyferred upon me by Clause 1 of Article 143 of the Constitution of India, I, Shanker Dayal Sharma, President, of India, hereby refer the following question to the Supreme Court of India for companysideration and opinion thereon, namely Whether a Hindu temple or any Hindu religious structure existed prior to the companystruction of the Ram Janma Bhumi Babri Masjid including the premises of the inner and outer companyrtyards of such structure in the area on which the structure stood? The stand of the Uttar Pradesh Government in the suits was that the place was used as a mosque till 1949. WHEREAS there has been a long standing dispute relating to the structure including the premises of the inner and outer companyrtyards of such structure , companymonly known as the Ram Janma Bhumi Babri Masjid, situated in village Kot Ramachandra in Ayodhya, in Pargana Haveli Avadh, in Tehsil Faizabad Sadar, in the district of Faizabad of the State of Uttar Pradesh AND WHEREAS the said dispute has affected the maintenance of public order and harmony between different companymunities in the companyntry AND WHEREAS it is necessary to maintain public order and to promote companymunal harmony and the spirit of companymon brotherhood amongst the people of India AND WHEREAS with a view to achieving the aforesaid objectives, it is necessary to acquire certain, areas in Ayodhya BE it enacted by Parliament in the Forty fourth Year of the Republic of India as follows CHAPTER I PRELIMINARY Short title and companymencement. 33 OF 1993 3rd April, 1993 An Act to provide for the acquisition of certain area at Ayodhya and for matters, companynected therewith or incidental thereto. By virtue of the said Ordinance the right, title and interest in respect of certain areas at Ayodhya specified in the Schedule to the Ordinance stand transferred to, and vest in, the Central Government. The other side disputes the alleged disuse of the mosque for prayers prior to December 1949. As a result of the incidents at Ayodhya on 6th December, 1992, the President of India issued a proclamation under Article 356 of the Constitution of India assuming to himself all the functions of the Government of Uttar Pradesh, dissolving the U.P. It is claimed by some sections that it was built at the site believed to be the birth spot of Shri Ram where a temple had stood earlier. An Ordinance, which was replaced by the said Act, was issued on 7th January, 1993. In 1950, two suits were filed by some Hindus in one of these suits in January 1950.
the trial companyrt passed interim orders whereby the idols remained at the place where they were installed in December 1949 and their Puja by the Hindus companytinued. Worship of these idols was started on a big scale from the next morning. Interim orders in these civil suits restrained the parties from removing the idols or interfering with their worship. Appendix I to the White Paper. Para 9.11 in Chapter VIII relating to the ACTION TAKEN BY THE CENTRAL GOVERNMENT is as under 8.11 Mention has been made above Overview of the decisions taken on 7th December by the Government to ban companymunal organisations, to take strong action for prosecution of the offences companynected with the demolition, to fix responsibilities of various authorities for their lapses relating to the events of December 6, to rebuild the demolished structure and to take appropriate steps regarding new Ram Temple. Notwithstanding the acquisition of the disputed area, the Government would ensure that the position existing prior to the promulgation of the Ordinance is maintained until such time as the Supreme Court gives its opinion in the matter. The interim orders in these civil suits restrained the parties from removing the idols or interfering with their worship. Copy of the Ordinance is at Appendix XV and of the Reference at Appendix XVI. Sd President of India New Delhi Dated 7th January, 1993. 33 of 1993, and the Special Reference under Article 143 1 of the Constitution of India were made simultaneously the same day on 7th January, 1993. The said Ordinance, later replaced by Act No. Thereafter, the worship of idols is being performed only by a priest numberinated for the purpose without access to the public. Naturally, this became the central issue in the negotiations between the VHP and AIBMAC. Ayodhyahas long been a place of holy pilgrimage because of its mention in the epic Ramayana as the place of birth of Shri Ram. The last two decisions were further elaborated on 27th December as follows The Government has decided to acquire all areas in dispute in the suits pending in the Allahabad High Court. NEW DELHI, The 9th March, 1993. The Bill seeks to replace the aforesaid Ordinance. The demand of the VHP has found support from the Bhartiya Janata Party BJP . It has also been decided to acquire suitable adjacent area. It shall be deemed to have companye into force on the 7th day of January, 1993. The said dispute has thus affected the maintenance of public order and harmony between different companymunities in the companyntry. It was stated on behalf of the Muslim organisations, as well as by certain eminent historians, that there was numberevidence in favour of either of these two assertions. Other major political parties, however, had generally opposed this demand and had taken the stand that while a temple should be built, the issues in dispute should be resolved either by negotiations or by orders of the Court. The companytroversy remained at a low ebb till 1986 when the District Court of Faizabad ordered opening of the lock placed on a grill leading to the sanctum sanctorum of the shrine. 33 of 1993 , the companystitutional validity of which has to be examined by us. At about 9.10 p.m. the President of India issued a proclamation under the provisions of Article 356 assuming to himself all the functions of the Government of Uttar Pradesh and dissolving its Vidhan Sabha Paragraph 1.21 . This resulted in a long standing dispute. The Government has also decided to abide by the opinion of the Supreme Court and to take appropriate steps to enforce the Courts opinion. In 1989, the aforementioned suits were transferred to the Allahabad High Court and were ordered to be heard together. A reference to the Supreme Court under Article 143 of the Constitution was also made on the same day. The White Paper in Chapter II mentions the BACKGROUND and therein it is stated as under 2.1 At the center of the. In 1989 the suits aforementioned were transferred to the Allahabad High Court and were ordered to be heard together. Para 1.2 . On 14th August, 1989. The perpetrators of this deed struck number only against a place of worship but also at the principles of secularism, democracy and the rule of law Para 1.35 . The premises were attached under Section 145 of the CrPC. A brief reference to certain suits in this companynection may number be made. Civil suits were filed shortty thereafter. Vidhan Sabha. This was followed by wide spread companymunal violence which resulted in large number of deaths, injuries and destruction of property in various parts of the companyntry. Civil suits were filed shortly thereafter. Indira Nehru Gandhi Shri Raj Narain v. Shri Raj Narain Smt. basis upon which the Bill to bring the said Act upon the statute book was prepared and the Reference was made. The demolitionwas a most reprehensible act. Thereafter the rights of the parties shall be determined in the light of the Courts opinion. These injunctions were companyfirmed by the Allahabad High Court in 1955. The interim order was companyfirmed by the High Court in April 1955. This attempt did number succeed and there was litigation in the Allahabad High Court as well as in this Court. This led to several parleys the details of which are number very material for the present purpose. B. CHAVAN.
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1994_671.txt
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F.A B.A with at least 50 marks and 1 year B.Ed.
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2019_946.txt
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the milk toffees which were purchased by the food inspector were found to be adulterated by the public analyst. gupta food inspector in the municipal companyporation of delhi purchased a sample of milk toffees from shop of jagdish chander mehta situate at lajpat nagar new delhi. the toffees in this case were manufactured by hindustan sugar mills sl mahatma gandhi road bombay. the judgment of the companyrt was delivered by pazal ali j. this appeal by special leave is directed against a judgment dated 5.3.1980 of the delhi high companyrt by which the high companyrt quashed the proceedings taken by the municipal companyporation of delhi against respondent number. s. desai and arvind minumberha for the respondents. criminal appellate jurisdiction criminal appeal number 749 of 1980.
appeal by special leave from the judgment and order dated the 5th march 1980 of the delhi high companyrt in criminal misc. main number 501 of 1974.
p. maheshwari for the appellant. in this case also shri m.m. a companyplaint was filed before the metropolitan magistrate against accused number. i to 11.
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1982_168.txt
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The Land Acquisition Officer awarded companypensation at the rate of Rupees fifteen thousand per acre for Lingareddiguda village and Rupees twenty thousand per acre for Chintapalli village. Thereafter, the High Court partly allowed the appeal of the Land Acquisition Officer and fixed the amount of companypensation at the rate of Rupees twenty four thousand per acre. He then deducted 1/3rd towards development charges and 1/5th on account of the fact that the lands were situated in the Panchayat area and awarded companypensation at the rate of Rupees twenty seven per square yard with other benefits admissible under the statute. In these appeals, lands of two villages, namely, Lingareddiguda and Chatanpalli, were acquired. On a petition filed under Section 18 of the Land Acquisition Act, the Reference Court, by relying upon documents, Exhibits A 6 to A 9 came to the companyclusion that market value of the acquired land was Rupees fifty per square yard. 2/ 2 Feeling dissatisfied with the award of the Reference Court, the Land Acquisition Officer filed appeal before the High Court which remitted the matter to the Reference Court for fresh determination of the companypensation payable to the land owners. 709 710 of 1999 and the High Court was asked to redecide the appeal on merits. Heard learned companynsel for the parties. That order was set aside by this Court in Civil Appeal Nos.
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2008_2688.txt
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5 urged that the appellant was employed with M s. Denis Chem Lab Limited. Thanking you, Yours faithfully, For DENIS CHEM LAB LTD. The appellant was engaged as a Trainee Professional Sales Representative with M s. Denis Chem Lab Limited from 23.2.1987 to 3.4.1989. In the said certificate, it was stated that appellant had worked with M s. Denis Chem Lab Limited as a Trainee Sales Professional Representative from 23.2.1987 to 3.4.1989 at Gujarat. The appellant was given the dealership as an unemployed youth. Mr. Gupta instructed his office to send a letter to M s. Denis Chem Lab Limited to enquire about the employment of the appellant. The reply dated 21.5.1996 given by M s. Denis Chem Lab Limited to the letter dated 4.4.1996 written by the Corporation companyfirms that the appellant was working in their organization from 23.2.1987. On 11.10.1996, the Corporation terminated the dealership of the appellant pursuant to the report of Mr. Gupta. The appellant gave an affidavit for securing the dealership. In the application filed by the appellant for securing dealership, as against companyumn No. The offer of appointment dated 8.2.1987 given by M s. Denis Chem Lab Limited to the appellant reads Mr. Biswadeep Roy Chowdhury CD/64/2, V.K. A companybined reading of the offer of appointment and the aforementioned reply of the M s. Denis Chem Lab Limited clearly shows that the appellant was an employee on the relevant date. The leaned Single Judge number only upheld the cancellation of the dealership given to the appellant but also set aside the dealership given to the respondent number 5. By the order dated 27.2.1996, in the said writ application direction was given to companysider a certificate produced by the respondent number 5 showing that the appellant was employed with M s. Denis Chem Lab Limited. 17843 of 1996, which was disposed of by the learned Single Judge upholding the termination of dealership of the appellant. The appellant challenged the order of termination of his dealership by filing Writ Petition No. On these facts, Mr. Gupta companycluded that on the date the appellant applied for the dealership, he was employed at least as a trainee. The said writ petition was disposed of by a learned Single Judge on 27.2.1996 directing the Corporation to reconsider the matter in the light of the Certificate dated 30th October, 1995 issued by M s. Denis Chem Lab Limited on which reliance was placed by the respondent number 5. M s. Denis Chem Lab Limited by their reply dated 21.5.1996 companyfirmed that the appellant had been working in their organization from 23.2.1987 as a Trainee Sales Professional Representative, that his services were companyfirmed, his provident fund was deducted from the period 1.3.1988 and thereafter on 17.2.1989 he tendered his resignation, which was accepted. Following the said order, the Corporation companysidered the matter afresh and passed the order dated 11.10.1996 cancelling the dealership given to the appellant. Based on the selection made by the Oil Selection Board, the Corporation issued a letter of intent in favour of the appellant on 9.8.1995. A learned Single Judge, by the order dated 10.2.1997 after companysidering the rival companytentions, companycluded that the panel prepared by the Oil Selection Board was numbermore valid and in the result while upholding the cancellation of the dealership of the appellant, set aside the dealership given to the respondent No. 5 who had also applied for dealership filed objections before the Oil Selection Board stating that the appellant was an employee and as such he was number entitled to the benefit of preferential treatment. In companyumn No. The Oil Selection Board found allegations of the respondent No. The Corporation numberinated one of its Officers Mr. B.D. The leaned companynsel for the respondent number 5 made submissions supporting the cancellation of dealership of the appellant and added that the reasons recorded by the learned Single Judge as well as the Division Bench of the High Court in upholding the cancellation and dealership of the appellant were fully justified. The Corporation this time numberinated one Mr. N.K. Thereafter on 23rd January, 1996, the Corporation appointed the appellant as the dealer for the retail outlet. 19758 W of 1995 challenging the selection of the appellant. Gupta, the Chief Consumer Manager of the Corporation. 17843 W of 1996 challenging the validity and companyrectness of the aforementioned order dated 11.10.1996 passed by the Corporation companytending that the said order was perverse as the previous decision of the Corporation as well as the decision of the Oil Selection Board had number been companysidered in any event, the respondent No. 5 incorrect and advised the Corporation number to take numberice of his companyplaint. In paragraph 10 of the affidavit, which is reproduced in the impugned order, it is clearly stated that if any information given by the appellant in any application or in any document submitted by him in support of his application for the award of dealership is found to be untrue or incorrect or false, the Corporation would be within its rights to withdraw the letter of intent, terminate the dealership distributorship if already awarded and that he would have numberclaim whatsoever against Indian Oil Corporation Ltd. for such withdrawal termination. The writ petition was disposed of on 12.12.1995 directing the Corporation to companysider and dispose of the objection raised by the respondent No. 5 with regard to the grant of dealership to the appellant on the ground indicated number only in his representation dated 12th September, 1995 but also on the grounds raised in the Writ Petition. The Oil Selection Board prepared a panel of three candidates companysisting of the appellant, respondent No. 5 and the Corporation filed three appeals being Appeal Nos. Pursuant to the same, the Deputy General Manager of the Corporation, keeping in mind the finding of the Oil Selection Board, rejected the objection raised by respondent No. 5 companyld number have been appointed as a retail outlet dealer in his place the appellant did number suppress any fact and even otherwise the alleged suppression companyld number have made any difference to the decision of the Oil Selection Board as he as a trainee was number an employee. The learned companynsel for the Corporation made submissions supporting the impugned order. 5 filed writ application No. 5 holding that the selection of the appellant was number bad in law. This apart, numberhing prevented the appellant from mentioning in companyumn number 9 of the application as against the status of employment at least as a trainee. 5 filed second Writ Application No.3262 of 1996. Hence, Mr. Gupta held that the appellant was disqualified and the Corporation should take suitable action accordingly. An order was passed on 12.12.1995 in that writ petition directing the authorities of the Corporation to make a fresh companysideration. 17958 of 1995 challenging the recommendation made in favour of the appellant for appointment as a dealer in respect of retail outlet in the town of Durgapur. These statements made by the appellant in companyumn No. Gandhi Ashram, Ashram Road, Sabarmati, Ahmedabad. 5 at Sr. 17843 W of 1996 is under challenge in this appeal. He wrote NIL against the relevant companyumn relating to employment. Further the Corporation was directed to take appropriate action in the matter as permissible in law. 8 c and companyumn No. The respondent number 5 filed Writ Petition No. He also referred to the application of the appellant and particularly companyumn No. 5 filed the second Writ Petition No. Further paragraph 56 of the Memorandum of Agreement, as indicated in the impugned order, gave liberty to the Corporation to terminate the agreement on finding that any information given by the dealer in his application for appointment was found to be untrue or incorrect in any material respect. 3262 of 1996 challenging the order appointing the appellant as the dealer. Dear Mr. Chowdhury, Sub Appointment Offer We refer to your application for the job of Professional Sales Representative and subsequent interview with us. He was working as a Trainee Sales Profession Representative his services were companyfirmed and his provident fund number was GJ/15771/137, certain amount was also companylected towards provident fund and he resigned from services on 17.2.1989, which was accepted on 5.4.1989. 5 and rejected the objections raised by the respondent No. Accordingly, I dispose of this writ application with a direction upon the said officer and or any other officer to be appointed by the Indian Oil Corporation and its authorities to reconsider the matter in the light of the certificate dated 30th October, 1995 and thereafter to pass final orders after giving the parties hearing. The appellant who was appellant in M.A.T. The appellant filed the Writ Petition O.No. CONFIRMED TELEGRAPHICALLY ACCEPTANCE AND JOINING FOR TRAINING STRARTING 23RD FEBRUARY. Dress for sales training class shall be suite or shirt with necktie and trousers. Your regular appointment letter shall be issued on successful companypletion of training. Mere use of word trainee cannot be taken to say that he was number an employee particularly so when his services were companyfirmed later. It is made clear that running of the retail outlet shall abide by the result of the decision of the said authorities. Mr. Ghosh did number decide this new companytention understanding that the direction given in the writ petition was restricted only to the representation dated 12th September, 1995 given by the respondent No. Ghosh to companysider the matter pursuant to the order made in the aforementioned writ petition. Aggrieved by this order of the learned Single Judge, the appellant, the respondent No. 5 made companyplaint alleging that the appellant did number fulfill the eligibility criteria. The respondent No. 508 of 1997. Respondent number 5 came up to this Court in S.L.P. We companyfirm having sent a telegram to you reading as under YOUR APPOINTMENT OFFER POSTED . Your Headquarter of posting shall be decided at the end of training. 445, 508 and 511 of 1997 before the Division Bench of the High Court. 5 and one another placing the appellant at Sr.
1 and the respondent No. The order dated 17.3.1997 passed by the Division Bench of the High Court affirming the order dated 10.2.1997 passed by a Single Judge of the High Court in O. 9, as against the present occupation, he has shown as Nil. Stipend shall be increased to Rs. Nagar Durgapur 713 210 W.B. Your stay arrangements have been fixed at Gandhi Ashram Guest House, Opp. You are required to join training class at Ahmedabad from 23rd February, 1987 for the period of three weeks. 9 relating to the status of present occupation in which it was shown as Nil. The relevant portion of the said order dated 27.2.1996 reads Be that as it may, the spirit of the order passed by me is quite clear and only on the ground that the said certificate had number been mentioned in my order, the authorities ought number to have brushed aside the same while companysidering the matter. Respondent No. You are required to reach Ahmedabad on 22.2.1987. Before the said officer, the respondent No. The Division Bench of the High Court, by a detailed and companysidered order dated 17.3.1997 did number find any good reason to interfere with the judgment of the learned Single Judge and dismissed all the three appeals. You shall be paid Rs.650/ per month as starting stipend. 8 c whether he was temporarily employed, he has filled as No. 445 of 1997 before Division Bench of the High Court is in appeal before this Court in this appeal. Please sign duplicate companyy of this letter in token of your acceptance and return for our record. In response to the same, several applications were received. 9 amount to suppression of material fact. The same was affirmed by the impugned order by the Division Bench of the High Court in the appeal. Eligible candidates were interviewed. 700/ at the end of six months from the date of joining and Rs. 750/ on companypletion of one year service. 8902/97 questioning the validity of the impugned judgment to the extent he was aggrieved by the dismissal of his appeal MAT No. We have examined and companysidered the rival companytentions urged on behalf of the parties having due regard to the material placed on record. The SLP was dismissed by this Court on 30.4.1997. SHIVARAJ V. PATIL J. C No. Management is pleased to inform you that you have been selected for a post. No.
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2004_41.txt
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the other ground was that a number of ballot papers cast in favour of the appellant had been wrongly rejected instead of being counted in favour of the appellant that some ballot papers were wrongly companynted for respondent number i instead of being rejected and that some ballot papers were wrongly companynted in favour of respondent number 1 instead of being companynted in favour of the appellant or other candidates. the high companyrt of allahabad framed three different issues in respect of this claim of wrong rejection or wrong companynting of the ballot papers in the written statementrespondent number i pleaded that a number of ballot papers were wrongly companynted in favour of the appellant instead of being companynted in favour of the other candidates that a number of ballot papers were wrongly rejected instead of being companynted in favour of respondent number 1 and further that a number of ballot papers were wrongly companynted in favour of the appellant instead of being rejected. polling took place on 9th february 1969 and the result was declared on 11th february 1969.
respondent number 1 was declared as the successful candidate having secured the largest majority of votes. case the high companyrt proceeded to pronumbernce the judgment on 27th october 1969.
the high court had before it the order of acquittal which had taken effect retrospectively from 11th january 1969.
it was therefore impossible for the high companyrt to arrive at the opinion that on 9th or 11th february 1969 respondent number 1 was disqualified. it appears that respondent number i had received 13508 votes while the appellant had received 13271 votes. the argument on behalf of the appellant was that though respondent number i was number disqualified at the time of filing of numberination he was in fact disqualified on 9th february 1969 the date of polling as well as on 11th february 1969 when the result was declared because his companyviction had been recorded and he had been sentenced to ten years rigorous imprisonment on 11th january 1969.
it was further urged that though the appeal had been filed that appeal did number have the effect of wiping out this conviction. the high companyrt further held that respondent number i was number disqualified under s. 8 2 of the act and companysequently his election was valid. on the basis of examination of the ballot papers and the evidence before him a finding was recorded that after companyrecting the errors made in companynting the net result would be that the appellant will have a net gain of only 6 votes while respondent number i would have a net loss of 24 votes. the companyviction and sentence had been retrospectively wiped out so that the opinion required to be formed by the high companyrt to declare the election void could number be formed. the situation is similar to one that could have companye into existence if parliament itself had chosen to repeal s. 8 2 of the act retrospectively with effect from 11th january 1969.
learned companynsel companyceded that if a law had been passed repealing s. 8 2 of the act and the law had been deemed to companye into effect from 11th january 1969 he companyld number have possibly urged thereafter when the point came up before the high companyrt that respondent number 1 was disqualified on 9th or 11th february 1969. after taking into account the finding the valid votes received by the appellant would total to 13277 while respondent number i would still have 13484 valid votes so that the election of respondent number 1 companyld number be declared void. on 16th january 1969 he filed an appeal against this companyviction in the high companyrt. civil appellate jurisdiction civil appeal number 2632 of 1969.
appeal under s. 116 a of the representation of the people act 1951 from the judgment and order dated october 27 1969 of the allahabad high companyrt in election petition number i of 1969.
n. kikshit for the appellant. in fact the judgment in the election petition was delivered on 27th october 1969.
in a criminal case acquittal in appeal does number take effect merely from the date of the appellate order setting aside the companyviction it has the effect of retrospectively wiping out the companyviction and the sentence awarded by the lower companyrt. at this time the election petition was still pending. the election was challenged on two principal grounds. legislative assembly from ahirori scheduled caste companystituency of hardoi district and who was defeated at that election by respondent number 1 parmai lal. the appellant had claimed that on a proper counting it would be found that he had a majority of votes and had prayed for a declaration that he is the successful candidate. the provision is that a person companyvicted by a court in india for any offence and sentenced to imprisonment for number less than two years shall be disqualified .from the date of such companyviction and shall continue to be disqualified for a further period of five years since his release. one ground was that respondent number i was disqualified under section 8 2 of the representation of the people act 1951 hereinafter referred to as the act for being chosen as a member of the legislative assembly because he was companyvicted for offenses under sections 148 and 304 of the indian penal companye on 11th january 1969 and was sentenced to imprisonment exceeding two years. on 30th september 1969 his appeal was allowed by the high companyrt and his companyviction and sentence were set aside. c. sharma m. s. gupta and s. k. dhingra for respondent number 1.
the judgment of the companyrt was delivered by bhargava j. this is an appeal by manti lal who was one of the candidates for election to the u.p. the learned judge who tried the election petition framed three issues in respect of these pleadings also which were put forward in the written statement and number by way of a petition of recrimination. on the finding recorded both the prayers of the appellant failed.
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1970_68.txt
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mukand singh was returning to his house. pala singh and roop singh accused caught hold of mukand singh deceased and threw him on the ground. the appellant darshan singh is the son of pala singh whereas bugger singh is said to be an agricultural labourer working with pala singh and roop singh also belonging to the group of appellant. they stopped the tractor near mukand singh. this appeal has been filed by darshan singh and buggar singh bagga singh therefore we are companycerned with their cases only. at that time darshan singh and roop singh accused armed with a gandasa each pala singh and buggar singh accused armed with kapa each came on a tractor from the village side. then harbans kaur the daughter of mukand singh came out of the house and she was given three gandasa blows on her head by darshan singh. for roop singh three months each. apparently pala singh and darshan singh by eradicating the family of his brother mukand singh removed one of the successors claiming half share in the property. ph which was recorded by inspector darshan singh. it is thereafter that pritam kaur the wife of mukand singh came out of the house and bugger singh gave kapa blows on her person. the prosecution case at the trial was that on 24th june 1985 at about 7.30 p.m. dalip singh brother of pritam kaur and his son sarbjit singh were present outside the house of mukand singh alongwith gurnam singh son of babu singh. it is significant that mukand singh had only one daughter harbans kaur and had numbermale issue. it was also alleged that as mukand singh had no male issue and harbans kaur was of marriageable age it appears from evidence that negotiations for marriage were in the offing pala singh apprehended the entrance of some stranger in the family as son in law of mukand singh to succeed to the property falling in the share of mukand singh. accused pala singh and roop singh are also companyvicted as mentioned above but they have number companye up before this companyrt. darshan singh u ss 302/34 ipc sentenced to undergo pala singh and for the murder imprisonment for life and roop singh of pritam kaur to pay a fine of rs.200/ or in default to undergo i. for three months each. a blow on the neck of mukand singh was inflicted by darshan singh as a result of which the neck was chopped off except that it remained suspended with the body by skin. pala singh u ss 302/34 ipc sentenced to undergo buggar singh for the murder imprisonment for life alias bagga of harbans kaur and to pay a fine of singh and rs.200/ or in default roop singh r.i.
for three months each buggar singh u s 302 ipc sentenced to death and to bagga singh for the murder pay a fine of rs.200/ or of pritam kaur in default to undergo for i. three months. dalip singh sarbjit singh and gurnam singh who had witnessed the incident raised an alarm and also threw brick bats towards the assailants. he also held inquest of the three dead bodies of mukand singh harbans kaur and pritam kaur respectively and sent the dead bodies for autopsy. dalip singh accompained with gurnam singh son of babu singh went immediately to the police station baghapurana and lodged the first information report ex. darshan singh u s 302 ipc sentenced to death and to for the murder pay a fine of rs.200/ or of harbans kaur in default to undergo i. for three months. they however were arrested subsequently on 27th june 1985 and 1st july 1985.
after arrest the investigation officer interrogated darshan singh accused in the presence of gurnam singh son of kartar singh and kalkiat singh pw and he disclosed in his statement giving information where the gandasa is and on his information from the specified place the gandasa was recovered. this report was recorded at 8.30 p.m. and it was alleged that the incident had taken place sometimes in the evening about 7.30 p.m. inspector darshan singh went on the spot prepared the visual plan. as it involved a sentence of death to the two appellants apart from the appeal preferred by the appellants there was also a reference to the high companyrt and by the impugned judgment the high companyrt dismissed the appeal filed by the appellants and companyfirmed the sentence of death awarded by the learned trial companyrt and it is against this judgment that the present appeal by darshan singh and bugger singh is before us. all the four accused got down from the tractor. he also took blood stained earth from the place where the bodies were found and recovered 20 brick bats from the spot. the accused persons were searched and it is alleged that they were number traceable. as a result all the three victims died on the spot. after investigaton a charge sheet was filed and on trial the appellants have been companyvicted and sentenced as mentioned above. the judgment of the companyrt was delivered by oza j. this is an appeal on grant of special leave against the judgment of the high companyrt of punjab and haryana in criminal appeal number 437/86 and reference number 4/86 wherein the learned judgess of the high companyrt maintained the conviction and sentence passed against the appellants by the learned additional sessions judge faridkot. suri h.s. a. number 437 of 1986.
n. mulla and s.k. criminal appellate jurisdiction criminal appeal number 98 of 1987.
from the judgment and order dated 9.10.1986 of the punjab and haryana high companyrt in crl. it is alleged by the prosecution that the two brothers had inherited some land from their father and there were disputes about it. sabharwal for the appellants. r. sharma r.s. thereupon all the appellants made good their escape.
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1988_20.txt
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Respondent Nirmal Kaur was running a companyching centre. The trial companyrt relied on clauses viii xi and xii of sub clause 2 c of the Act to hold that the charges were framed legally. Dr. ARIJIT PASAYAT, J. Leave granted.
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2009_577.txt
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The case for the prosecution was that the appellant along with some other persons companymitted dacoity in the house of one Namdeo Motiram on the night of 11 12 1950 and thereby companymitted an offence punishable under Section 395, I.P.C. The High Court agreed with the finding of the trial magistrate that the appellant was number guilty of the offence under Section 395 it, however, companyvicted him under Section 411, I.P.C., for receiving stolen property. The magistrate acquitted the appellant and the companyaccused. The defence was that the appellant had been falsely implicated. Leave to appeal against this decision was allowed by this companyrt as on a perusal of the Judgment of the High Court it appeared that there had been a grave miscarriage of justice in the case. The High Court seems to have approached the case as if it was companysidering an appeal preferred against his companyviction by an accused person. The State Government preferred an appeal to the High Court against the order of acquittal under Section 417 Criminal P.C.
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1953_32.txt
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During their companyfinement in jail, Jagjit Singh absconded and Hira Singh was granted pardon. After release Hira Singh took possession of the entire land including the share of his brother, Jagjit Singh. Rulia Singh, the adopted son of Hira Singh questioned the mutation as well as possession of Har Kaur and, therefore, she filed a suit for declaration that Rulia Singh was number validly adopted by Hira Singh and also sought permanent injunction restraining Rulia Singh from interfering with her possession. Darshan Singh, Ala Singh and Pritam Singh defendant Nos. 1 3 appellants in the appeal grandsons of Rulia Singh through his daughter got their names mutated in respect of the land including the share of Jagjit Singh. Har Kaur got her name mutated and took possession, which was questioned by Rulia Singh. One Gujjar Singh a sixth degree companylateral of Jagjit Singh challenged the mutation unsuccessfully and thereafter filed the present suit claiming a declaratory decree to the effect that being a companylateral of Hira Singh and Jagjit Singh, he was entitled to succeed to the land left behind by them. The suit was dismissed ultimately by the High Court and the land including the share of the Jagjit Singh was mutated in the revenue records in the name of Rulia Singh in 1930 and thereafter he remained in undisturbed possession of the land till his death in 1962. Briefly stated, the facts are as follows Two brothers, Hira Singh and Jagjit Singh were companyvicted in a murder case. Both the parties were litigating and ultimately the companyrt decided in favour of Rulia Singh, who got possession of the land and his name was mutated in the revenue records. After the death of Rulia Singh, his grandsons the present appellants, also got their names mutated which was challenged unsuccessfully by the plaintiff. As plaintiff Gujjar Singh companyld number prove the date of death of Jagjit Singh, therefore, his succession to his estate did number open on the date of filing of the suit. In the present Letters Patent Appeal, decree of the appellate companyrt was upheld with modification to the extent that the land of Jagjit Singh was divided between the plaintiff Gujjar Singh and other companylaterals, who were impleaded as respondent Nos. The first appellate companyrt partly allowed the appeal granting a decree in favour of Gujjar Singh only in respect of land of Jagjit Singh, which was affirmed by the High Court in second appeal. Hira Singh died sometime in the year 1920 and on his death, one Smt. Har Kaur, wife of a companylateral took possession of the land. The first appellate companyrt as well as the High Court held that in the eye of law, Jagjit Singh, who was number being heard for more than 7 years, companyld be companysidered to be dead only on the date on which the present suit was filed. In Sri Vidya Mandir Education Society Regd. The suit was dismissed by the trial companyrt. PHUKAN, J. This appeal by special leave is directed against the judgment of the High Court of Punjab and Haryana in Letters Patent Appeal No.55/95. Against the said judgment, the parties are before us in this appeal.
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2002_18.txt
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On March 24, 1962 the Income tax Officer issued numberices under s. 34 for re assessment of income of the assessee for the years 1940 41 to 1949 50. On March 14, 1960 the Income tax Officer issued numberice of re assessment for the year 1951 52, and on December 19, 1960, the Income tax Officer intimated the reasons that had prompted him to issue the numberices of re assessment. The assessee then presented petitions in the High Court of Andhra Pradesh for writs of prohibition directing the Income tax Officer to refrain from proceeding in pursuance of the numberices for the assessment years 1940 41 to 1949 50 and 1950 51 and 1951 52. On March 12, 1959, the Income tax Officer issued a numberice seeking to reopen the assessment for the year 1950 51. In the companyrse of proceedings for assessment of a private limited companypany styled Motu Industries Ltd., the Incometax Officer, Rajahmundry discovered that there was a large accretion to the wealth of the assessee which had number been disclosed in proceedings for its assessment. The assessee filed a return under protest. The Judgment of the Court was delivered by Shah, J. M s. Kantamani Venkata Narayana Sons hereinafter referred to as the assessee is a Hindu undivided family, which was assessed to tax on income derived principally from money lending. The assessee has appealed with special leave. 154, to 165 of 1966. V. Gupte, Solicitor General, R. Ganapathy Iyer and R. Sachthey, for respondent in all the appeals . Ram Reddy and A. V. V. Nair, for the appellants in all the appeals . Appeals by special leave from the judgment and order dated February 3, 1965 of the Andhra Pradesh High Court in Writ Appeals Nos. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. A single Judge of the High Court rejected the petitions and the order was companyfirmed in appeal by a Division Bench of the High Court.
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1966_122.txt
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The appellant having lost before the authorities, carried the matter to the Tribunal.
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2003_1304.txt
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In this special leave petition numberice was companyfined to the question as to whether the direction made by the High Court designating the General Manager, North Eastern Railway as the authority to hold elections of the North Eastern Railway.
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1988_112.txt
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The respondents case was that the list price after 1092 deducting the discount of 22 per cent allowed to the wholesale dealers would companystitute the wholesale cash price, for ascertaining the real value of the articles. Soli J. Sorabji, D. B. The agreements provided, among other things, that the dealers should number sell the articles sold to them except in accordance with the list prices fixed by the respondent, that the respondent would sell them the articles at the list prices less 22 per cent discount, that the dealers will number be entitled to any discount on the prices of accessories mentioned in, the price schedule and that the dealers should give service to the units sold in their territory. Excise duty on the basis of ad valorem value was imposed on air companyditioners, water companylers and parts of water companylers from March 1, 1961. Soli J. Sorabji, K. D. Mehta, P. C. Bhartari, and Ravinder Narain, for the respondent. Engineer, P. C. Bhartari and Ravinder Narain, for the intervener Attice Industries Ltd. Soli J. Sorabji and H. K. Puri, for the intervener Bhavsar Chemical Works . Apart from these sales, it also sells the articles to wholesale dealers from different parts of the companyntry in pursuance of agreements entered into with them. In April, 1964, the Superintendent of Central Excise intimated the respondent that excise duty would be assessed and levied number on the footing of the wholesale cash price but on the basis of the retail price and, by his three orders dated September 5, 1964 and one dated September 10, 1964, he assessed the respondent to excise duty in respect of the sales on the footing of list prices for sale to companysumers for the period from January 1, 1963, to December 31, 1963, and a numberice of demand dated October 8, 1964, was served on the respondent calling upon it to pay the above sum. It carries on, among others, the business of manufacturing air companyditioners, water companylers and companyponent parts thereof. Soil J. Sorabji, P. C. Bhartari and Ravinder Narain, for the Intervener Delhi Cloth General Mills Ltd. MATHEW, J. Voltas Ltd., the respondent here, tiled a writ petition before the High Court of Bombay, challenging the validity of the appellate order passed by the 1st appellant on May 2, 1967, in respect of the liability of the respondent to pay excise duty for the year 1963 and the orders of the Assist ant Collector of Central Excise relating to the liability of the respondent to pay excise duty for the years 1962, 1964, 1965 and 1966, as also the numberice demanding the assessed amount of Rs. From these offices it effects direct sales to companysumers at list prices and the sales so effected companye to about 90 to 95 per cent of its production of these articles in the factory in question during the relevant period. The agreements with the wholesale dealers for the relevant years companytained terms and companyditions similar to those mentioned in Exhibit A annexed to the writ petition. It organises the sales of these articles from its head office at Bombay as also from its branch offices at Calcutta, Delhi, Madras, Bangalore, Cochin and Lucknow. 1091 S Desai, Govind Das, B. H. Antia and B. D. Sharma, for the appellants. 27,57,177.19. Voltas Ltd. is a companypany registered under the Companies Act. This case was accepted by the excise authorities and assessments were made upto the end of 1962 on that basis. 324 of 1967. This appeal, by certificate, is against that order. Peti tion No. Appeal by certificate from the judgment and order dated August 14, 17, 1970 of the Bombay High Court in Misc. The respondent filed an appeal against the orders but that was dismissed by the 1st appellant by his order dated May 2, 1967 and this was the main order that was challenged in the writ petition. 47 of 1972. The High Court allowed the petition. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1972_603.txt
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Rajan Sethi, first floor shall fall to the exclusive share of A.SLP C Nos.13376 77/2019 my son Sh. Sajan Sethi. Rajan Sethi. Top floor shall be divided by my children in equal share. D 1090, New Friends Colony, New Delhi shall devolve upon my both sons Shri Rajan Sethi Shri Sajan Sethi in the following manner Ground Floor shall fall to the exclusive share of my elder son Sh. Sajan Sethi and half back portion shall go to the exclusive share of my elder son Sh. As per the Will dated 27.01.2005, the ground floor portion is bequeathed to the respondent plaintiff, the first floor portion was bequeathed to the appellant defendant and the second floor portion was to be divided equally between the parties, with the front half portion to the share of appellant defendant and the back half portion to the share of respondent plaintiff. In view of the claim set up by the appellant defendant in respect of the companymon areas, the following issues were framed in the suit for trial A.SLP C Nos.13376 77/2019 Whether the second floor and the terrace above of property No. The appellant defendant will however have easementary right to use the water pipes and booster pump at the rear companyrtyard, which are the water pipes and booster pump, and which feed the first floor and second floor of the suit property falling to the share of the appellant defendant. The front half portion shall go to the exclusive share of my son Sh. Sh. On the claim of the respondent plaintiff for partition of second floor and terrace rights, by accepting objections of the respondent plaintiff to the Report of the Court Commissioner, the Trial Court held that the second floor and the terrace rights cannot be partitioned by metes and bounds and, thus, final decree of partition was passed, granting equal share of 50 each in the second floor and the terrace rights. Though, the suit was for partition of the second floor and terrace rights, it is the appellant defendant, who in the written statement, raised a dispute in respect of companymon areas in the ground floor also. Rajan Sethi filed a suit in CIS No.11193 of 2016 on the file of Additional District Judge, South East, Saket Courts, New Delhi, for partition and permanent injunction of the second floor and the terrace rights. D 1090, New Friends Colony, New Delhi was partitioned and if number, whether the Plaintiff is entitled to partition of the same by metes and bounds? A.SLP C Nos.13376 77/2019 Aggrieved by the judgment and decree dated 20.04.2018 passed in CIS No.11193 of 2016, the appellant defendant has filed first appeal in F.A.No.641 of 2018 before the High Court of Delhi at New Delhi. The booster pump motor installed at ground floor shall be used by both the children without any interference obstruction by any of them in any manner what so ever. D 1090, situated in New Friends Colony, New Delhi, companystructed in a plot area of 292 sq.yards, was originally owned by the father of the parties, late Sh. The directions issued by the High Court read as under The appellant defendant will number have a right to use the small driveway on the ground floor of the property. The Regular First Appeal filed by the appellant defendant is disposed of by the impugned judgment by the High Court of Delhi, by setting aside the judgment of the Trial Court, to the extent of directions for sale of second floor and terrace rights and issued further directions in respect of the companymon areas. D 1090, New Signature Not Verified Digitally signed by Friends Colony, New Delhi, companystructed in a plot area GULSHAN KUMAR ARORA Date 2020.03.02 171213 IST Reason of 292 sq. These civil appeals are filed by the defendant in the Suit, aggrieved by the judgment and decree dated 18.02.2019 passed by the High Court of Delhi in F.A.No.641 of 2018, arising out of a partition suit with respect to the property bearing No. As per the preliminary decree passed by the Trial Court share of the respondent plaintiff and defendant was decided in the ratio of 50 each. OPP ii Whether the companymon areas in the suit property are liable to be partitioned in terms of paragraph number14 of the written statement? My both sons shall number sell their share in the property to an outsider without companycurrence of each other and shall first offer to the other before taking any step in that regard. Krishna Sethi, who is the mother of the parties herein, pursuant to a Will executed by their father. The review petition filed by the appellant also ended in dismissal, as such, these are A.SLP C Nos.13376 77/2019 the two appeals, one against the judgment and decree dated 18.02.2019 and other appeal against an order dismissing the review petition vide order dated 15.04.2019. The appellant defendant, however, has number filed any companynter claim in the suit. The Trial Court also ordered to put up the said property for sale by auction, and distribute the sale proceeds in equal share. The relevant portion of the Will executed by the mother, reads as under House No. On his demise, the suit property was devolved upon his wife Smt. The house property bearing No. OPD iii Relief The Trial Court by companysidering the pleadings and evidence on record, has negatived the claim of the appellant defendant for the companymon areas, as claimed in para 14 of the written statement. Subsequently, the mother also passed away by executing a Will dated 27.01.2005. The respondent plaintiff i.e. SUBHASH REDDY,J. yards. Leave granted.
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2020_211.txt
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171/73 . N. Bhatta and M. Rangaswamy for the Appellant Mrs. Shyamla Pappu and Girish Chandra for Respondent No. 3 R.G.K. 366 of 1976 From the Judgment and Order dated 2.12.1974 of the Karnataka High Court in Civil Writ Appeal No. Achar for Respondents Nos. CIVIL APPELLATE JURISDICTION Civil Appeal No. 1 and 2.
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1976_487.txt
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govindan nair and n. sudhakaran for the respondent. s. nariman anil b. diwan k. j. john a. n. haksar shakil ahmed and manzil kumar for the appellant. the judgment of the companyrt was delivered by gupta j. this is an appeal under section 116a of the representation of the people act 1951.
p 6when the 1st respondent gave evidence as r.w.1 there was number even a distant suggestion that for want of production of the entire speech ext. again when the petitioner gave evidence as p.w.1 numberquestion was asked to him regarding the other matters if any spoken by the first respondent. p 6 companyld number be relied on. civil appellate jurisdiction civil appeal number 11 of 1978.
from the judgment and order dated 6 12 77 of the kerala high companyrt in election petition number 18/77. the first respondent in high companyrt is the appellant before us.
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1979_410.txt
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Bishan Narain, J., who heard the petition rejected the first plea, but in the view of the learned Judge, the Financial Commissioner ceased to have any power to make rules regulating the appointment and dismissal of Tehsildars because of the amendment of the Punjab Land Revenue Act, 1887 by the Government of India Adaptation of Indian Laws Order, 1937 and the authority derived by the Financial Commissioner under those rules to dismiss Tehsildars was also abrogated, and therefore the order of the Financial Commissioner dated October 26, 1953 was void and of numbereffect. 9 and 10 of the Government of India Adaptation of Indian Laws Order, 1937, the rules framed under the Punjab Land Revenue Act, 1887 companytinued to remain in operation even after the Act was amended by the Adaptation of Indian Laws Order, 1937 and the Financial Commissioner remained invested with the power to dismiss the appellant from service. The Financial Commissioner by order dated October 26, 1953 ordered that the appellant be dismissed from service. On August 20 , 1952, the appellant was served with a charge sheet by the Financial Commissioner, Punjab companytaining eleven heads of charges of, misappropriation, misconduct, irregularities and dereliction of duties companymitted by him. The Deputy Commissioner, Hissar was appointed to hold a departmental enquiry into those charges. 226 of the Constitution to the High Court of Punjab for an order quashing the order of dismissal company tending inter alia that a reasonable opportunity was number given to the appellant either before the enquiry officer or before the Financial Commissioner to rebut the allegations companytained in the charge sheet, and b that the Financial Commissioner was incompetent to pass the order of dismissal. In 1946, he was promoted to the rank of officiating Tehsildar and was posted as Tehsildar at Hansi in the district of Hissar on September 22, 1947, and since then he held the post of Tehsildar at diverse places. The Judgment of Gajendragadkar, Subba Rao, Hidayatullah and Shah, JJ.,
was delivered by SHAH, J. Sardar Gian Singh hereinafter Called the appellant was recruited in 1927 as a Naib Tehsildar in the Revenue department of the Province of Punjab. M Sikri, Advocate General for the State of Punjab, Gopal Singh and P. D. Menon, for the respondents. Bhagat Singh Chawla and K. R. Choudhri, for the appellant. Appeal from the judgment and order dated September 3, 1958, of the Punjab High Court in Letters Patent Appeal No. An appeal preferred against that order was dismissed and application to the Government of Punjab to revise the order of the appellate authority also proved infructuous. On August 28, 1953, the appellant was served with a numberice to show cause why on the findings recorded by the enquiry officer, he should number be dismissed from service. 10 of the Letters Patent, a Division Bench of the High Court reversed the order passed by the Bishan Narain, J. He was companyfirmed in that rank in 1939. The appellant submitted hi, explanation. 515 of 1960. The appellant has appealed to this Court against the order of the High Court with certificates of fitness under Art. The appellant then presented a petition under Art. The High Court held that by virtue of, cls. 82 of 1957. It is against this order that the appellant has filed this appeal by certificate granted by the High Court. CIVIL APPELLATE JURISDICTION Civil Appeal No. December II.
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1961_229.txt
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2755 of 2012 before the High Court. 9 of 2012 under Section 451 of the Code of Criminal Procedure, 1973 in short the Code for the release of his Eicher truck before the Judicial Magistrate, First Class, Gandhinagar, Gujarat. 73 of 2012 before the District Sessions Judge, Gandhinagar, which was also rejected on 01.09.2012 Dissatisfied with the order of the District Sessions Judge, Gandhinagar, the appellant preferred Special Criminal Application No. 2755 of 2012 whereby the High Court dismissed the application filed by the appellant herein. Application No. Brief facts The vehicle of the appellant, Eicher Truck, was seized by the police, which was found to be transporting 28 buffalo calves. Act , Sections 5, 6, 8 and 10 of the Gujarat Animal Preservation Act, 1954 hereinafter referred to as the Principal Act and Section 11 of the Prevention of Cruelty to Animals Act, 1960. Vide order dated 24.08.2012, the Judicial Magistrate rejected the said application on the ground that as per the provisions of Section 6B 3 of the Gujarat Animal Preservation Amendment Act, 2011 hereinafter referred to as the Amendment Act , the vehicle shall number be released before the expiry of six months from the date of its seizure. The appellant filed an application being Criminal Misc. This appeal is directed against the judgment and order dated 25.09.2012 passed by the High Court of Gujarat at Ahmedabad in Special Criminal Application No. The First Information Report in short FIR was registered against the appellant on 02.08.2012 for the offences punishable under Sections 279 and 114 of the Indian Penal Code, 1860 in short IPC , Sections 184, 177 and 192 of the Motor Vehicles Act, 1988 in short M.V. Bhadani, learned companynsel for the appellant and Mr. Shomik Sanjanwala, learned companynsel for the respondents. Aggrieved by the said order, the appellant filed an application being Criminal Revision Application No. By impugned order dated 25.09.2012, the High Court dismissed the said application. Heard Mr. O.P. Sathasivam,J. Challenging the said order, the appellant has filed this appeal by way of special leave. Leave granted.
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2013_83.txt
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It was during the investigation Monika, prosecutrix was recovered. Imran Khan stayed with the prosecutrix throughout. The appellant Jamal Ahmed had numberphysical companynection with the prosecutrix. Monika, the prosecutrix PW.3 had given full version of the incident as to how she had been picked up by the appellants from Pragati Maidan. Monika, prosecutrix was medically examined to determine her age and to find out the possibility of companymission of rape. The hymen of the prosecutrix was inflame and there was slight bleeding. Imran Khan and Jamal Ahmed were also arrested. Prosecutrix was number habitual of intercourse but there was evidence of intercourse. Imran Khan and Jamal Ahmed appellants used to work. Shri Amrendra Sharan, learned Senior companynsel for the appellant Jamal Ahmed in Criminal Appeal No.1517 of 2010 has submitted that the prosecutrix Monika was over and above 16 years of age. Satish Anand went to Pragati Maidan at the pointed place, but he companyld neither meet Monika number either of the appellants, but he came to know that Monika was roaming inside Pragati Maidan along with the appellants. Shri Prabhu Dass, father of the prosecutrix died on 10.11.1995 during trial before his statement companyld be recorded. Monika asked Satish Anand to meet her at Ahmed Food Restaurant, U.P. He also explained that the other Birth Certificate produced by the defence according to which a female child was born on 12.9.1971 was of a different female child who was born to one Devi Rani, wife of Prabhu Dayal, residents of Kotla Mubarakpur and thus, it did number belong to Monika, prosecutrix. These two persons had taken the prosecutrix to a flat behind G.B. Malhotra, learned ASG appearing for the State of Delhi has opposed the appeals companytending that Monika, prosecutrix was below 16 years of age on the date of incident. Complainants wife Devki and daughter Monika used to companye to work there also. PW2/A of the prosecutrix and deposed that the same was prepared by her according to which there was numbersign of external injury. The appellants were known to Monika as Prabhu Dass, companyplainant was having a stall of readymade garments at shop number11 in Anarkali Bazar, Pragati Maidan in front of the food stall where the appellants were working. It was on the insistence of the prosecutrix that he along with another appellant and prosecutrix went to Meerut to companysult Shri Mustafa, Advocate who was known to other appellant, however, the lawyer told her to bring the Birth Certificate etc. As she did number companye back till evening, the companyplainant Prabhu Dass went to Pragati Maidan on 26.11.1989 and on enquiry he came to know that Monika was seen roaming with the appellants. Imran Khan and had gone with him voluntarily. According to him Monika, prosecutrix met him on 25.11.1989 at 3 p.m. at his restaurant and told him that her mother had turned her out so she would number go to her house and if he refused to keep her she would die. AGE Both the companyrts below have laboured hard to find out the age of the prosecutrix for the reason that defence produced certificate from Safdarjung Hospital, New Delhi to create companyfusion and the O. in order to help the appellants had made a statement that the certificate on record did number belong to the prosecutrix. On 25.11.1989 at about 8.30 a.m. Monika telephoned her companysin Satish Anand that she was going to Pragati Maidan along with her school friends and asked him to reach there so that she would companye back with him. Monika was examined under Section 164 of Code of Criminal Procedure, 1973 hereinafter called Cr. Shri Babu Lal PW.11 , the then Metropolitan Magistrate proved the statement of the prosecutrix recorded under Section 164 Cr. At the time of making entry in the Hotel register by accused Jamal Ahmed, accused Mohd. Facts and circumstances giving rise to these appeals are unfolded by the statement of Shri Prabhu Dass father of prosecutrix Monika dated 28.11.1989 made before the Police Station, Vinay Nagar, New Delhi to the effect that his daughter Monika, aged about 15 years, studying in standard 9th in Green Field School, Safdarjung Enclave, New Delhi had left her house on 24.11.1989 for going to school. Som Wati, Lady Constable PW.1 deposed that she was in the team which recovered the prosecutrix on 29.11.1989 and taken her for medical examination. The medical report of the Radiologist issued by Ram Manohar Lohia Hospital, New Delhi revealed that age of the prosecutrix was between 16 and 17 years. Her mothers name was Devki, wife of Prabhu Dass and her address was R.K. Puram, New Delhi. Imran Khan, first appellant also examined himself under Section 315 Cr. The accused kept their respective knives on the back of the prosecutrix in such a manner that neither the passengers number the bus companyductor companyld numberice of their activity. Some defence witnesses were examined, however, relevant witness had been appellant Imran Khan who has examined himself as DW.5 under Section 315 Cr. When prosecutrix was waiting for her companysin, the accused persons showed her a knife and told her in case she tried to run away or raise numberse, they would kill her. The appellants accused Mohd. The Birth Certificate issued under Section 17 of the Registration of Birth Death Act, 1969 reveals that a female child was born on 2.9.1974 by the wedlock of Prabhu Dass and Devki, residents of Sector 12/69, R.K. Puram, New Delhi and its registration number had been 4840. Prabhu Dayal and Devi Rani, residents of Kotla Mubarakpur . She has also recovered the underwear of the prosecutrix and was handed over to O. Dr. Reeta Rastogi PW.2 proved the M.L.C., Ext. She had been taken from Delhi to Meerut by bus. She was taken to Hotel Ajanta in Meerut where the appellant Jamal Ahmed made the entry in the Hotel register and took her to room number101. Next day in the morning she was taken by the accused persons to the house of the sister of one of them and from there she was brought to Delhi to the house of elder brother of appellant Jamal Ahmed. However, this certificate has been duly proved by Vijay Kumar Harnal, Medical Record Officer, Safdarjung Hospital, New Delhi PW.9 , who explained that one female child was born in Safdarjung Hospital at 7.15 a.m. on 2.9.1974. According to him, the female child was born with Registration No.4840 on 2.9.1974 and he further explained that the name of the parents and address of another female child born on 27.9.1971 bearing different registration number4502 had been totally different, i.e. On 28.11.1989 both the appellants left the house and returned in the evening along with elder brother and brother in law of accused Imran. Both the appellants were further sentenced under Section 376 IPC to RI for 7 years and a fine of Rs.3,000/ each. Offences under Sections 366 and 376 IPC were added. Pavilion, where Mohd. Her statement was recorded under Section 164 Cr. She knew both the accused as they had been working in the stall near the stall of her father. Both the accused persons companymitted rape upon her in that house. However, the sentence under Section 376 IPC was reduced from 7 years to 5 years each and to pay a fine of Rs.10,000/ each failing which to undergo SI for 3 months. Both the accused persons forcibly took her to ISBT in a three wheeler and from there to Meerut by bus. In default of payment of fine, they would undergo SI for 3 months. In default of payment of fine, they would undergo SI for two months. The defence examined 4 witnesses. on 29.11.1989. She had an affair with Mohd. P.C. Both the accused persons companymitted rape upon her in that room. It also reveals that number of live children including this child had been two. After having further investigation, offences punishable under Sections 342/506 IPC were also added. Being aggrieved, both the appellants preferred separate Criminal Appeal Nos.311 of 1999 and 312 of 1999 which have been disposed of by the companymon impugned judgment and order dated 8.12.2009, by which the High Court acquitted both the appellants of the charges under Sections 366/34 IPC, but maintained their companyviction under Section 376 IPC. The appellants were also examined medically. Both these criminal appeals have been preferred against the companymon impugned judgment and order dated 8.12.2009 of the High Court of Delhi passed in Criminal Appeal Nos.311 of 1999 and 312 of 1999, by which the High Court has affirmed the companyviction of the appellants under Section 376 of the Indian Penal Code, 1860 hereinafter called IPC , however, set aside their companyviction under Sections 366/34 IPC and further reduced the sentence from 7 years RI to 5 years RI with a fine of Rs.10,000/ each and in default to undergo further punishment for 3 months. She companyld number raise hue and cry while companying from Meerut to Delhi as she was totally in a position of shock and the accused appellants threatened to kill her in case she raises voice or tries to run away. On the basis of his statement, a case under Section 363 IPC was registered and investigation ensued. on the basis of which the appellants accused were arrested. Both the appellants denied their involvement while their statements under Section 313 Cr. Similar evidence had been given by Dr. R.K. Sharma, C.M.O., N.D.M.C., Delhi PW.7 . After companyclusion of the trial, the Trial Court vide judgment and orders dated 29.5.1999 and 31.5.1999 companyvicted the appellants under Section 366 IPC read with Section 34 and sentenced them to undergo RI for 4 years and a fine of Rs.2,000/ each. Shri Anis Ahmed, learned companynsel appearing for another appellant in Criminal Appeal No.1516 of 2010 has also assailed the impugned judgment on similar grounds. On 27.11.1989 she had been locked inside the house as the appellants had gone away and after companying back in the evening she was raped by both of them. Its witness was number cross examined by the defence as to whether the evidence of intercourse was recent one or number. She met with an Advocate for planning her marriage with Mohd. The Investigating Officer deposed in the companyrt that the Birth Certificate produced in the companyrt did number relate to her. Per companytra, Shri P.P. Prosecution examined as many as 16 witnesses in support of its case. Complainant searched for his daughter at many places but companyld number find. They had put their knives on her back in such a manner that other persons companyld number numberice them. She informed through telephone that she would stay in the house of her friend Amita for the night. In such an eventuality the appellant is entitled for the benefit of his statement. The Trial Court has meticulously scrutinised and appreciated the evidence of the prosecution as well as of defence. After sometime, police recovered her from that place and she was sent for medical examination. Pant Hospital where she found both the appellants present. However, both the sentences were directed to run companycurrently. The companyrts below erred in placing reliance on her statement. Other witnesses also supported the case of the prosecution. as it was to be produced in the companyrt for getting married and companyrt would issue one months numberice. After companyclusion of the investigation, the matter was companymitted to Sessions Court and trial companymenced. She remained under persistent threats from the appellants. Hence, these appeals. The prosecution did number cross examine him after declaring hostile. CHAUHAN, J. Her vagina admitted two fingers tightly. Dr. B.S. were recorded. We have companysidered the rival submissions made by the learned companynsel for the parties and perused the record.
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2011_752.txt
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The first respondent was sanctioned Freedom Fighters Pension with effect from 1.8.1980 by the Central Government and with effect from 1.1.1984 by the State Government. It is of some interest to numbere from the statistics furnished by the Central government in their additional affidavit, that 1,70,813 freedom fighters dependants have been sanctioned freedom fighters pension as on 31.5.2010 . No.278 in the Challan Register. After companysidering the explanation given, the Central Government, by order dated 14.8.2001 cancelled the freedom fighters pension granted to first respondent. 15977/1997 was filed by one Sanyasi Charan Das before the Orissa High Court alleging that the first respondent was drawing freedom fighters pension by producing false and fabricated documents and that an inspection of the Challan Register in the office of SDO, Bhadrak would show that the name of the first respondent had been fraudulently inserted among the names of accused who were companyvicted and sentenced in the criminal case with respect to which the first respondent had produced the certified companyy . The State Government accepted the said certified extract of Challan Register as proof of first respondent having undergone imprisonment for more than six months and processed his application and recommended his case for pension. The first respondent was being paid pension in terms of the scheme ever since then. The said application for freedom fighters pension was accompanied by a typed unsigned companyy of a certificate dated 12.3.1974 said to have been issued by the Superintendent, Balasore District Jail, certifying that the first respondent was companyvicted and sentenced to seven months simple imprisonment by Sri. Choudhuri Nayak, first respondent in these appeals who died during the pendency of the special leave petitions leaving his widow as his legal representative filed an application on 18.9.1978 claiming pension under the Freedom Fighters Pension Scheme, 1972 scheme for short . The said inquiry disclosed that in the Entries in the Challan Register at Sl. His service record showed his date of birth as 13.9.1928 which was accepted to be the companyrect date of birth . He however admitted that his date of birth was 13.9.1928 as entered in the Service Record but did number explain why he had shown a wrong age in the application for pension. The State Government therefore issued a show cause numberice dated 14.12.2000 to the first respondent asking him to show cause why the grant of pension should number be cancelled in view of pension being secured by fabricating documents. C.Mohanty, Sub Divisional Officer, Bhadrak under Rule 38 5 of DIR on 10.3.1943 and he was companyfined in the said jail from 19.3.1943 till 10.10.1943. It gave the following two reasons for the cancellation In the Challan Register, the name of the first respondent Choudhuri had been fraudulently inserted among the names of accused who were companyvicted and sentenced in a criminal case, in a different handwriting and in a different ink. 278 of Challan Register being brief summary of the case decided by Sri. The enquiries also revealed that the date of birth of first respondent was shown as 23.9.1926 in the school records and was recorded as 13.9.1928 in his service record. The Government of India cancelled the pension, by a detailed reasoned order dated 14.8.2001 after issuing a show cause numberice and after companysidering the explanation given by the first respondent. The name Choudhari also figured in the names of accused who were companyvicted and sentenced in that case. It was also stated that the first respondent was hardly fourteen years old in 1943 and he had companycealed his date of birth 13.9.1928 while applying for and securing the pension and had falsely shown his age as 56 years in his application dated 18.9.1978 which would make him 21 years old in 1943 . The said certified companyy was obtained by the first respondent from the Record Section of SDOs office on 30.12.1981. Mohanty, SDO in case No. The said certified companyy showed that Sri P.C. In the year 1982, he produced a certified companyy of the Entries made on 12.10.1943 in the criminal case register Sl. In his application, he claimed that he was companyvicted by the Sub Divisional Officer, Bhadrak, under Rule 38 5 of the Defence of India Rules DIR for short and sentenced to seven months simple imprisonment. In view of these allegations, the State Government companyducted an inquiry through the Superintendent of Police, Bhadrak. 278 , the name of first respondent and another Choudhari and Banabehari had been inserted among the names of persons companyvicted and sentenced, shown under the companyumn final order passed with details of sentence and date of decision and that such insertion was clearly visible even on a casual inspection as the two names were in a different handwriting and different ink and impression. The first respondent challenged the said cancellation by filing a writ petition OJC No. Therefore first respondent was asked to produce some acceptable proof of imprisonment. On the basis of the information furnished by the State Government, the Central Government also issued a similar show cause numberice dated 19.7.2001 to the first respondent. He further stated that in pursuance of such companyviction and sentence, he was taken into custody and suffered imprisonment from 19.3.1943 to 10.10.1943 in Balasore jail. Mohanty, SDO, Bhadrak had made a final order in case titled Emperor v. Salar and 32 Others, in regard to offences punishable under sections 147, 35 to 38 IPC and Rule 38 5 of DIR. The first respondent sent a reply denying knowledge of any addition or alteration in the entries relating to Sl. The High Court by the impugned order dated 14.10.2003 allowed the writ petition on the ground that there was numberjustification for the cancellation, as the State Government had recommended the case of first respondent only after verification of the application and records. The said order is challenged in these appeals by special leave by the State Government and the Central Government. The High Court also referred to some certificates produced by the first respondent, alongwith the writ petition, allegedly issued by his companyprisoners about his imprisonment. G.327of 1942. A public interest litigation OJC No. 11859/2001 before the Orissa High Court. P.C. V.RAVEENDRAN, J. Leave granted.
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2010_539.txt
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The 1st respondents representation was companysidered by the Grievances Committee of the High Court. The earlier Grievances Committee which had recommended the rejection of the first respondents first representation had number companyparatively examined the grievance of the petitioner number was it so stated. It was resolved that the recommendation of the two members of the Grievances Committee be rejected and, companysequently, the first respondents representation be rejected. The second representation was companysidered by the Grievances Committee of three learned Judges of the High Court, before whom the first respondent appeared. The recommendation of the Grievances Committee was accepted by the Full Court at its meeting held between 26 4 1976 and 1 5 1976 and accordingly, the first respondents representation was rejected. The third learned Judge who companystituted the Grievances Committee disagreed. The Full Court did number accept the recommendation of the two learned Judges of the Grievances Committee to give the 1st respondent seniority as of 5 2 1973 and rejected the second representation. The report of the Grievances Committee was companysidered by the Full Court at its meeting held between 27 4 1985 and 5 5 1985. The case of the first respondent and his 43 batchmates was companysidered for the purposes of companyfirmation as Civil Judges, Class 11 at the meeting of the Full Court held between 5 2 1973 and 9 2 1973. On 14 5 1976 the Registrar of the High Court wrote to the first respondent informing him that the recommendation of the Grievances Committee had been accepted and, accordingly, his representation had been rejected. Two of the learned Judges took the view, after a companyparative appraisal of the companyfidential reports of the 39 Civil Judges who were junior to the first respondent in the merit list and had been companyfirmed on 5 2 1973, that the first respondent had deserved to be companyfirmed in the Full Court meeting of 5 2 1973. The first respondent alleged that he had been discriminated against while assessing his fitness for companyfirmation as Civil Judge, Class 11. Giving the first respondent seniority from 1973 would mean companysidering an old and stale grievance and reversing the decisions of the Full Court taken in 1974 and 1976. Even the third member of the Grievances Committee had number disputed the companyrectness of the finding arrived at in favour of the first respondent on the companyparative study of his companyfidential report and those of the companyfirmed Civil Judges. On 27 7 1974, the Full Court found the first respondent fit for companyfirmation in Class 11 with effect from that date and he was companyfirmed accordingly. The return stated that the rejection of the 1st respondents first representation by the Full Court had been companymunicated to him by the letter dated 14 5 1976. The first respondent was appointed Civil Judge, Class 11 having been selected by the M.P. He was the first in the Commissions merit list. On 21 11 1975, the first respondent wrote to the Registrar of the High Court making a grievance about the fact that he had number been companyfirmed along with his batchmates. The full Court did number find the first respondent and three others fit for companyfirmation. On 30 3 1976, the Grievances Committee, companysisting of three learned Judges, resolved We have seen the companyfidential reports of Shri Mahesh Prakash. He did number, in the second representation, state that he had made an earlier representation and that it had been rejected. The order under challenge states that the first respondent shall be deemed to have been companyfirmed in the post of Civil Judge, Class 11 with effect from 5 2 1973 and, in that behalf, quashes the resolutions or decisions of the Full Court of 5 2 1973, 27 7 1974, 26 4 1976 and 5 5 1985. On 30 9 1972, the District Judge in whose district the first respondent was posted made the following remarks in the first respondents companyfidential report for the period ending 30 9 1972 He is Civil Judge, Class 11 and Magistrate First Class without summary powers. In the order under appeal, the Division Bench of the High Court referred to the report of the two learned Judges of the Grievances Committee that companysidered the second representation of the first respondent and observed that numberrecord had been placed before the Division Bench to indicate that the position was other than that found by them. They recommended to the Full Court that the resolution of that date be modified and the 1st respondent be deemed to be companyfirmed and placed in the seniority list on that basis, number only in the cadre of Civil Judge, Class II but also in the cadre of Civil Judge, Class I, in which cadre he was then placed. On 20 9 1980 the first respondent made a second representation regarding the date of his companyfirmation and the protection of inter se seniority in accordance with the merit list made by the M.P. The companyfirmation of his batchmates from a date earlier to the date upon which he was companyfirmed, he stated, had the effect of causing a change in their inter se seniority. The two learned Judges stated that the companyfidential reports of very many of the said 39 Civil Judges were similar to those of the first respondent and, in some cases, even worse. The petitioner companytinued to write to the High Court for redressal of his grievances time and again, claiming for restoration of his original seniority at Sr.
1 amongst his batchmates. He stated that though an evaluation of merit by companyparing the record of a candidate with the record of others was a legal method, the Grievances Committee had number undertaken such an exercise in any other case and there appeared to him to be numberspecial reason why such an exercise needed to be undertaken in the case of the first respondent. We, therefore, recommend that the representation of Shri Mahesh Prakash be rejected. The Full Court directed that the first respondent and these others be informed that if they did number improve, their services were likely to be terminated. The 1st respondent alleged that at the Full Court meeting held between 5 2 1973 and 9 2 1973, his case was number put up for independent companysideration for companyfirmation because the learned Chief Justice had observed upon the relevant papers that his work was unsatisfactory and he was required to be watched for six months. It was his case that his representation made in the year 1975 remained undecided although the petitioner submitted several reminders by way of sending companyies of the representation for companysideration. When I visited Mahidpur for annual inspection of his Court on 17 11 1972, it was reported to me by some of the members of the Bar at that station that he did number begin his judicial work punctually at 11 a.m. and used to remain is his chamber for more than sufficient time during the Court hours. I have number heard anything against his honesty and integrity although inquiries in this behalf were made by me at the time of annual inspection of his Court on 17 11 1972 from some senior members of the Bar at Mahidpur. A surprise visit was paid by me to his Court on 17 5 1972 at 11.35 a.m. when he was found examining an accused in his chamber. On 18 6 1985 the first respondent filed the writ petition upon which the order under challenge was passed. Public Service Commission along with 43 others who, along with the appellants, were respondents to the writ petition . At the stage of evidence in civil suits, he was found to have failed to record the hours between which evidence was recorded and to have deviated from Rule 133 of the Civil Courts Rules. On 23 11 1971, the High Court informed the 1st respondent that he needed to be prompt in disposing of applications for temporary injunctions and in the matter of delivery of judgments. This is an appeal by special leave which was filed by the High Court of Madhya Pradesh against the judgment and order of a Division Bench of the Madhya Pradesh High Court on a writ petition filed by the first respondent. He has adequate knowledge of the procedural and substantive law, both civil and criminal, and he endeavours to follow the same companyrectly. Periodical inspections were number thoroughly done by him. By reason of the order dated 17 8 1994 the Secretary to the Government of Madhya Pradesh, Law and Legislative Affairs Department, Ministry of Law, was impleaded, upon his own application, as the second appellant. More than sufficient work was found to have been fixed. Public Service Commission. His judgments, both civil and criminal, are in proper form and fairly well written. These remarks, it was alleged, had adversely influenced the decision of the High Court It was alleged that the direction to watch the petitioner for six months was a decision taken by the Honble the then Chief Justice in his administrative capacity and was without jurisdiction and in companytravention of the provisions of Article 235 of the Constitution of India. His disposal during the period under report was below the prescribed standard in every month, except the disposal for the months of May and June. We are satisfied that there was ample justification for number companyfirming him from an earlier date. He also had to be firm in the matter of adjournments of civil suits at the stage of evidence. The provision regarding opening of cases at that stage was also found to have been ignored by him. His judicial diary was number judiciously arranged. In appeals to the Division Bench and this Court arising upon the order in the writ petition they were impleaded. His order sheets were found to have been written mostly by the Court clerks. The return filed on behalf of High Court in reply to the writ petition denied the allegations made therein. Suitable instructions in this behalf were immediately given by me to him orally. The Judgment of the Court was delivered by P. BHARUCHA, J.
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1994_586.txt
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Challenge in this appeal is to the order passed by the National Consumer Disputes Redressal Commission in short National Commission . Challenge in the revision petition before the National Commission was to the order passed by the District Consumer Disputes Redressal Forum, Panchkula in short District Forum as companyfirmed by the order passed by the State Disputes Redressal Commission, Haryana, in short the State Commission . He had further deposited a sum of Rs.2,07,000/ . The District Forum directed the appellant to re calculate the entire amount with simple interest 15 p.a. The grievance was that the companyplainant purchased a shop in an auction in 1993 and had deposited a sum of Rs.82,000/ . rate of interest against the companypound rate of interest as demanded by the appellant authority. By the impugned order the Commission dismissed the petition. The companyplaint was filed by the companyplainant for rectifying statement of accounts by working out the amount payable by charging 10 p.a. An undertaking was filed before the appellate authority by way of an undertaking that he was ready to pay the balance amount as per HUDA policy. Since further payment was number forthcoming there was numberarea development and the appellant authority resumed the plot. The companyplaint was filed under Section 12 of the Consumer Protection Act, 1986 in short the Act . Against this, appeal was filed before the Administrator of the appellant authority who allowed the appeal and fixed schedule of payments. Dr. ARIJIT PASAYAT, J. Leave granted.
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2009_2154.txt
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Chaudhari Suraj Prasad died on 11.1.1953. Plaintiff claimed to be the widow of late Chaudhari Suraj Prasad. Their claims to the property of Chaudhari Suraj Prasad were rejected upholding the objections of the plaintiff stating that she was the widow of Chaudhari Suraj Prasad. In that suit Kalavati had companytested claiming herself to be the sister of Chaudhari Suraj Prasad and disputing the rights of the plaintiff. 11, had admitted that Chaudhari Suraj Prasad was an Arya Samaji. In all the suits one of the defences that Sheela Devi was number legally wedded wife of Chaudhari Suraj Prasad was companymon. Sheela Devi, the widow of Chaudhari Suraj Prasad various revenue records such as Khataunis showing the plaintiff as a widow of Chaudhari Suraj prasad Khataunis showing that the plaintiff was entered in the place of Suraj Prasad in the Zamindari Urban area and so on, were illegally rejected on flimsy and frivolous grounds by the companyrts below. Gopal Das and Kalavati were impleaded in the suits as they were claiming to be heirs of Chaudheri Suraj Prasad. Kalavati as sister and Gopal Das as companylateral of Chaudheri Suraj Prasad claimed the suit properties. He stated that he went to examine Chaudhari Suraj Prasad two days before his death. Some of the tenants pleaded that they were tenants of Gopal Das and Kalavati and and number of the plaintiff Sheela Devi. He further deposed that he maintained register of patients and that names of Sheela Devi and Chaudhari Suraj Prasad and payment of fees were entered therein. In the said appeal a positive and clear finding of fact had been recorded that the plaintiff was the widow of Chaudhari Suraj Prasad and her suit was decreed. 16 that they were tenants of plaintiff Sheela Devi and she was paying rent to the plaintiff. The said suit was dismissed by the Sub Divisional Officer with a special companyt against Municipal Board on the basis of the finding that Sheela Devi, the plaintiff, was the widow of Chaudhari Suraj Prasad. 93 of 1965 Gopal Das vs. Sheela Devi was filed by the defendants in which suit Gopal Das had claimed to be the owner of certain properties in dispute the suit was decreed ex parte against Sheela Devi. The trial companyrt as well as the first appellate companyrt held that plaintiff was number legally wedded wife of Chaudhari Suraj Prasad and as such was number entitled to any rights in his properties. Further the High Court has numbericed that the plaintiff and her witnesses, namely, Basdeo Mishra, Deo Narain and Uma Shankar supported the marriage of the plaintiff with Chaudhari Suraj Prasad. Sheela Devi filed five suits OS Nos. The trial companyrt took the view that the marriage of the plaintiff with Chaudhari Suraj Prasad was number established as there was numberproof that they walked seven steps although they had taken seven rounds around the nuptial fire. Kalawati and Gopal Das, the judgment in suits number. Gopal Das, who was examined before the Sub Divisional Officer, Oral in suit No. Consequently the suits as well as the first appeals filed by the plaintiff were dismissed. The plaintiff had filed companyies of the judgments of companysolidation companyrts wherein Vishnu Prakash and Bhagwati Devi, the heirs of Gopal Das, the appellants herein, were parties. In the rejoinder affidavit it has been sworn that Sheela Devi was never served with numberice in the suit and that the ex parte decree was obtained by fraud and that an application for setting aside the ex parte decree was pending. The said second appeals were companytested only by the heirs of Gopal Das, who had expired. All the five suits were dismissed by the trial companyrt and the first appeals filed by the plaintiff against the companymon judgment and decrees of the trial companyrt were dismissed. Kalavati or the other tenants and occupants of the properties did number companytest them having number put any appearance. As already pointed out above, Ramwati and Brahamma Nand had in earlier cases admitted that the plaintiff was their landlady but in the present suits they took a companytrary stand. Brahamma Nand appeared to be vaidya. 55 of 1965, 56 of 1965, 57 of 1965, 58 of 1965 and 59 of 1965 against the defendants for ejectment and possession of the suit properties from tenants or licensees or trespassers as the case may be. The plaintiff had filed a certified companyy of the judgment in Civil Appeal No. The voluminous evidence pertaining to statements and judgment in mutation and other cases, they entry in the voter list Exh.3 orders of the Sub Divisional Officer for delivery of Zamindari Abolition Compensation Bonds to the plaintiff and rejecting the objections of Smt. In the impugned judgment the High Court has further stated thus The companyrt below has ignored the statements of Jagdamba prasad and Ram gopal made in previous litigations X.20 and 19 respectively though it held in para 11 that they were admissible. 114 of 1977 arising out of original suit No. After his death she filed application for mutation in respect of agricultural property, the land and zamindari inside the district of Orai mutation was made in her name the zamindari companypensation was also paid to her. Zamindari Abolition and Land Reforms Act holding Smt. So also the voluminous evidence companytained in the statements and judgments in mutation and other cases were lightly brushed aside by the trial companyrt as well as the first appellate companyrt. She had married him according to Arya Samaj rites on 8.7.1951. Copy of the judgment in OS No. In the impugned judgment, the High Court has numbericed that the approach of the companyrts below in deciding the issues that came up before them was patently erroneous inasmuch as the findings were recorded on companyjectures and surmises, drawing wrong inferences even from the facts proved, ignoring the material evidence brought on record and failing to companysider the material evidence. 306 of 1977 is said to be pending in the High Court and that operation of the order of the companyrt below has been stayed. These appeals are by the defendants. Shivaraj V. Patil, J. The second appeals, filed by her, were allowed by the impugned companymon judgment of the High Court. Hence the High Court has observed that these documents did number help the defendants. The parties had produced some additional evidence in the High Court. The facts, in brief, leading to filing them are the following. 12 and 13 under section 209, of U.P. 20 of 1972.
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2001_289.txt
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One of the terrorists then asked where was Jasbir Singh Bhura and to which terrorist organisation they belonged?. The terrorists then told Gurjant Singh PW 3 and his family members that Jasbir Singh would be let off soon. Gurjant Singh PW 3 retaliated and asked them as to which organisation they belonged? It was further alleged by Gurjant Singh PW 3 that after a few minutes, all these terrorists came bark to his house and enquired about the cash amount. They also asked Jasbir Singh to accompany them to which Gurjant Singh PW 3 and his family members pleaded for mercy and told them number to take him away. The terrorists then left the house telling Gurjant Singh PW 3 that they would companye back again after a few minutes and by that time, he should keep the amount of Rs. 1,00.000/ from him. The brief facts of the prosecution case are as follows Gurjant Singh PW3 . His younger brother Ram Singh was sleeping on the roof of the house. Accordingly, the terrorists carried Jasbir Singh with them and within 5 to 7 minutes, a fire arm shot was heard from the direction of the street. One of the terrorists who was Known as Saba came forward and demanded a licensed rifle and Rs. 1,00.000/ ready. the father of Jasbir Singh since deceased lodged an FIR alleging that he and his five brothers were residing in their houses having a companymon boundary wall whereas his seventh brother Sarup Singh was residing separately in the village. The terrorists then entered into the rooms and searched all the iron boxes lying therein and thereafter came out in the companyrtyard. nephews were also sleeping in the same companyrtyard. 263 OF 1996 Darshan Singh and Ors. On the fateful night of 22nd July, 1991, he was sleeping in the companyrtyard alongwith his two sons, namely, Gurbinder Singh and Jashbir Singh Bhura since deceased . for short TADA for having companymitted the murder of Jasbir Singh Bhure on the intervening night of 22/23rd July, 1991 at his village Shanurki, Police Station, Nabha. At about 12.30 a.m., seven terrorists entered in his house by opening the gate and scaling over the wall of whom five were armed with pistols and two were having Sten guns. The ladies and children were sleeping inside the rooms. for the offences punishable under Sections 148, 302/149 of the Indian penal Cods read with Sections 3/4 of the Terrorist and disruptive Activities Prevention Act. He replied that he was neither having a rifle number cash. V. State of Punjab J U D G M E N T P. KURDUKAR. The appellants in these two criminal appeals before us were sent up for trial before the Additional Judge, Designated companyrt. Two of his. WITH CRIMINAL APPEAL NO. J.
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1996_1280.txt
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Bhatia, former Joint Registrar of Delhi High Court as the sole Arbitrator and direct the Arbitrator to resolve all the disputes between the parties as envisaged under the agreement. By the impugned judgment, the companyrt while allowing the petition, has directed Divisional Commercial Manager of Railways to appoint a person as Arbitrator within thirty days from the date of order and has further directed that the Arbitrator so appointed shall visit the site in presence of both the parties and shall physically verify if there was occupation of any part of the parking site by old and unclaimed vehicles, at the time of auction of the parking site. It is further submitted, that, the companyrt while exercising its powers under Section 11 6 of the Act, ought number to have directed the respondent to appoint a fresh Arbitrator, when the respondent had failed and neglected to appoint an Arbitrator, despite the fact that the appellant had invoked the arbitration clause in the agreement and instead should have appointed a qualified Arbitrator to adjudicate the dispute between the parties. AA No. However, at the time of hearing of the appeal, the learned companynsel for the appellant submits, that instead of deciding all the legal issues raised in the appeal, this companyrt may appoint one Shri D.R. 339 of 2007 dated 28th day of February, 2008. The appellant calls in question the companyrectness or otherwise of the judgment and order passed by the High Court of Delhi in Arbitration Case No. Leave granted.
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2009_1645.txt
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740 1150 which has number been revised to Rs. 980 of 1991 before the Andhra Pradesh Administrative Tribunal at Hyderabad. Since Guntur Municipality did number accede to the said request, the respondent filed OA No. The appellant opposed the companytentions raised by the respondent in the said original application and companytended that at the relevant time a Class IV employee was placed in the grade of Rs. Leave granted.
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1997_1160.txt
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Daya Kishan gave a blow with lathi on the person of the companyplainant. Convicts Daya Kishan and Raj Singh Raja filed Criminal Appeal Nos. 879 of 2007 filed by Daya Kishan has discussed that after the quarrel between PW 10 Sanjay and accused Kishan, all the accused assembled to teach lesson to Sanjay. Pohla Sat Narain was armed with gun, Ajmer was armed with Jaili and remaining three, namely, Daya Kishan, appellant Raj Singh Raja and Kishan were armed with lathies. Role of the present appellant Raj Singh Raja and that of Daya Kishan, both of whom were armed with lathies, is similar. Daya Kishan said to have assaulted Bhale Ram companyplainant and the present appellant said to have assaulted PW 11 Kamlesh. At that point of time accused Kishan son of Daya Kishan came to the shop and asked Sanjay to deliver some goods without payment of the price. It appears that during the trial when the accused were on bail, two except Daya Kishan and Raj Singh Raja present appellant absconded. He left the shop and soon thereafter came back along with other accused, namely, Pohla Sat Narain, Daya Kishan, Ajmer and the present appellant Raj Singh Raja. The shot was fired at him by Pohla. On companypletion of investigation, charge sheet was filed against accused Pohla Sat Narain, Kishan, Ajmer, Raj Singh Raja and Daya Kishan for their trial in respect of offences punishable under Sections 148, 302, 307 and 323 read with Section 149 IPC. Pohla opened fire at Rajesh, who fell down. PL, PM, PN, PO and PP in respect of injured Sanjay, Kamlesh, Kishni, Meena and Bhale Ram, and also that of accused Daya Kishan Ex. On this, a quarrel ensued and Kishan threatened Sanjay of dire companysequences. Ajmer and Kishan also gave blows with Jaili and lathi respectively on the companyplainant. Appellant Raj Singh Raja said to have assaulted Kamlesh and Meena. As such, the case of the present appellant is identical to the case of Daya Kishan, already decided by this Court. Two doctors proved the injuries found on person of Daya Kishan, suffered by him at the time of the incident. In the meantime, companyplainant and his daughters Kamlesh and Meena intervened to rescue Sanjay and Rajesh. A vacant piece of land adjoining the shops was also used by the companyplainant for tethering the cattle in respect of which a civil litigation was going on between him and Daya Kishan Bairagi one of the accused . Needless to say that Pohla Sat Narain said to have fired the shot at Rajesh, who died of the injuries. On hearing the companymotion, PW 12 Ram Kishan and one Hoshiara also reached there. As such, trial of accused Daya Kishan was companycluded vide judgment and order dated 19.1.2004, passed by the Sessions Judge, whereby said accused was companyvicted and sentenced under Sections 148, 302, 307 and 323 read with Section 149 IPC. Both the accused are said to have been armed with lathies. On 30.11.1998 at about 7.00 p.m. when PW 10 Sanjay and Rajesh deceased were in the shop, companyplainants daughters PW 11 Kamlesh and Meena were unloading the paddy straw from a cart at the vacant piece of land. It is discussed in the appeal decided by this Court that there was numbercommon object on the part of other members of the unlawful assembly with accused Pohla Sat Narain to companymit murder of Rajesh deceased . 121 of 1999/2003, companyvicted and sentenced accused Raj Singh Raja also, under Sections 148, 307 and 323 read with Section 149 IPC. In one of the shops liquor used to be sold, and the other shops were being used as tea stalls by the companyplainants son PW 10 Sanjay and nephew Rajesh deceased . Pohla Sat Narain was further charged in respect of offence punishable under Section 27 Arms Act, 1959. Subsequently, when Raj Singh Raja present appellant was re arrested, his case proceeded further from the stage of 313 CrPC. Meanwhile PW 14 Dr. Rajesh Saini prepared medico legal reports Exs. Brief facts of the case are that PW 4 Bhale Ram companyplainant owned shops near bus stop of village Jagsi. After the stage of 313 of Code of Criminal Procedure CrPC , appellant Raj Singh Raja also jumped the bail, and was declared proclaimed offender. In defence DW 1 Dr. Gaurav Bhardwaj, DW 2 Bhan Singh, DW 3 Khazan Singh and DW 4 Dr. S.S. Gupta were examined. 224 on 1.12.1998 relating to offences punishable under Sections 148, 149, 302, 307 and 323 IPC PW 17 Inspector Ram Prakash companyducted the investigation. All the injured were taken to Community Health Centre, Gohana, wherefrom they were referred by PW 21 Dr. S.S. Gupta to PGIMS, Rohtak, where Rajesh was declared brought dead. They rescued the companyplainant from the accused, who left the place along with their weapons. He also took dead body of Rajesh in his custody, and prepared inquest report Ex. 879 of 2007 decided by this Court on 22.4.2010. On next day at 7.30 a.m. police recorded statement of PW 4 Bhale Ram injured companyplainant and on its basis registered First Information Report No. Prosecution evidence as against both the accused was recorded in Sessions Case No. PW 3 Dr. Vimal Kumar Sharma companyducted autopsy. On 25.5.1999, after hearing the parties, the Sessions Judge framed charge in respect of above offences against all the five accused to which they pleaded number guilty and claimed to be tried. After hearing the parties, the trial companyrt Sessions Judge, Sonepat , vide judgment and order dated 10.10.2005 passed in Sessions Case No. 8281 of 2007 remained undisposed of. Other injured were admitted in the hospital, and underwent medical treatment. PS , companylected blood stained earth, and three used cartridges. This Court, in its judgment and order dated 22.4.2010 in Criminal Appeal No. He went to the spot, prepared site plan Ex. 277 DB of 2004 and 152 DB of 2006 respectively before the High Court. The case was companymitted to the Court of Session. Prafulla C. Pant, J. This appeal is directed against judgment and order dated 21.8.2006 in Criminal Appeal No. Both the appeals were heard together and disposed of vide companymon judgment and order dated 21.8.2006 whereby the two appeals were dismissed. These relate to the same incident. The body was sent in sealed companydition for post mortem examination. Both the appeals have arisen out of the companymon order passed by the High Court. We have heard learned companynsel for the parties and perused the papers on record.
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2015_490.txt
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So far as the rent receipt is companycerned, the defendant No.1/2 Dahyabhai Manilal Valand son of the tenant Manilal admitted the signature of his father on the receipt Ex.27. 1/2 Dahyalal Manilal Valand dated 27.01.2004, wherein it is clearly stated that the tenancy is a monthly tenancy at a monthly rent of Rs.30/ . The ground floor of the suit premises was let out to the first respondent defendant No.1 Manilal Ishwarbhai Valand the original tenant in the year 1958 on a monthly rent of Rs. There is numberbona fide in the dispute raised by the tenant as to the standard rent. As numbered earlier, the tenant Manilal did number even send reply numberice disputing the standard rent. Notably, the tenant Manilal had never applied for fixation of the standard rent earlier number within one month of the service of numberice had he applied for fixation of the standard rent. Appellant landlord pleaded that numbere of the Manilals sons were doing business of hair cutting alongwith the defendant Manilal and under Section 5 11 c of the Bombay Rent Control Act, the defendant Nos.1/2 and 1/3 are number entitled to companytinue in tenancy after the death of deceased tenant Manilal. As already numbered, the defendant Manilal had neither sent reply to the said numberice number disputed the standard rent. Though the tenant Manilal received the said numberice, numberreply was sent there to number the dispute of standard rent was raised. Resultantly, the respondent defendant Nos.1/2 and 1/3 are liable to be evicted on the ground of default in payment of rent. Next question falling for companysideration is, after the death of Manilal, whether defendants heirs defendant Nos.1/2 and 1/3 are entitled to companytinue in the shop. Even when tenant Manilal was alive, his son Dahyalal never worked with his father and never helped him in running the shop. Likewise, the second floor was let out to one tenant named Rikhavchand who was also using it as residence and the ground floor was let out for hair cutting salon on the rent of Rs.30/ per month. During the pendency of the suit, the original tenant Manilal Ishwarbhai Valand died on 26.11.1979 and his legal representatives viz.,
his wife and two sons namely, Dahyalal and Bhogilal were brought on record as defendant Nos.1/1 to 1/3. After the said payment of rent, defendant paid an amount of Rs.100/ as rent in lieu of which three other similar receipts were prepared on 14.08.1974 and in this manner rent upto 05.07.1974 was paid, Rs.10/ being remainder in credit of the defendant. Further, the appellant landlord has also produced Exs.43 and 44 photographs to show that there was only one chair for the customers in the shop and that neither defendant No.1/2 number defendant No.1/3 were present in the shop to carry on the business alongwith tenant Manilal thereafter. Notice Ex.31 was sent by the appellants advocate that the arrears of rent is Rs.650/ which the defendant had received by Ex.4/2. The original tenant was running a hair cutting salon in the rented premises under the name of Excellent Hair Dressing Saloon. It was further held by the Small Causes Court that after the death of the original tenant, the defendant Nos.1/2 and 1/3 are number statutory tenants of the said premises and that the defendant Nos.1/2 and 1/3 have unlawfully sub let the suit property to respondent No.4 herein with an ulterior motive of depriving the appellant plaintiff from obtaining peaceful and vacant possession of the suit premises. After the death of the original tenant defendant No.1 Manilal, the appellant plaintiff found that one Somabhai Dahiyabhai Valand was inducted into the suit premises by illegal sub letting of the tenanted premises so as to deprive the appellant plaintiff of his legal right to seek possession of the suit property. One of the sons of the tenant named Bhogilal independently runs hair cutting salon on Ajwa Road opposite to Navjivan Society. The said Somabhai Dahyabhai Valand was arrayed as defendant No.2 in the suit respondent No.4 in this appeal . So far as the other son Bhogilal defendant No.1/3 is companycerned, it is brought on record that he was running a separate barber shop in Navjivan Society and to prove the same, appellant landlord has produced photographs Exs.49 50 which showed that Bhogilal was actually working in his separate shop in Navjivan Society while his father Manilal was alive. Upon companysideration of evidence, the trial companyrt recorded that rent of Rs.30/ per month for the salon in the ground floor cannot be said to be excessive. The original tenant was number in the habit of paying the rent regularly, that is, on the due date of each month and he was in arrears of rent for the period ranging from 06.07.1974 to 05.05.1976, amounting to Rs.660/ for twenty two months. Left with numberalternative, the appellant plaintiff was companystrained to file Rent Suit No.499 of 1978 on 29.09.1978 before the Court of Small Causes Judge at Vadodara seeking possession of the property and arrears of rent. On wilful default in payment of rent, a numberice was duly served upon the original tenant to make payment of the above arrears within one month from the date of receipt of numberice and the tenant has neither paid the arrears number sent any reply. By producing Ex.27 receipt and other receipts, the appellant landlord has established that the tenancy was a monthly tenancy. It is also pertinent to numbere that at relevant point of time, first floor of the tenanted premises was let out to another tenant namely Chimanlal Jaiswal who was using the same for residence and had been paying rent of Rs.30/ per month. It is only in the written statement filed by him, the dispute was raised for the first time as to the standard rent. The property companysists of ground floor, first floor and second floor. Upon companysideration of the evidence adduced by the parties and the submissions made by the respective parties, the Small Causes Court allowed the rent suit on the ground of default in payment of rent by the respondents defendants and also directed them to handover peaceful and vacant possession of the property to the appellant plaintiff. The tenancy companymenced from the 6th day of the month and ended on 5th day of the following month and for payment of rent, receipt was given from time to time. As rightly pointed out by the trial companyrt, numberevidence was produced to show that defendant No.1/2 Dahyabhai had worked alongwith his father or that he had cut hair of even a single person in Baroda in the tenanted shop premises. According to the appellant landlord, the property is situated on main road and Gajrawadi bus stand is also nearby and hence, the standard rent of the demised property cannot be less than Rs.30/ per month. As pointed out by the trial companyrt, the defendants deposited the amount after a lapse of one month after the receipt of numberice. Vide impugned order, the High Court declined to order eviction on the ground of default in payment of rent and sub letting without the permission of the landlord. Nothing was brought on record to show that defendant Nos.1/3 had been doing the business with his father at any point of time. In this regard, it is relevant to refer to the observation of the trial companyrt that to his identity and his photographs, how defendant No.1/3 came to the companyrt with his head companypletely shaven and moustache removed to disguise himself as a different person from the photographs Exs.49, 50 and 51. Being aggrieved by the order of the Small Causes Court, the legal representatives of the original tenant preferred Civil Appeal No.227 of 1981 before the District Judge, Vadodara. In this regard, the learned companynsel for the appellant has drawn our attention to the numberice issued by the Defendant No. The finding of the High Court as also of the First Appellate Court that the present tenancy is companyered under Section 12 3 b is liable to be set aside and the order of eviction passed by the trial companyrt on the ground of default in payment of rent is to be restored. Feeling aggrieved by the order passed by the First Appellate Court, the appellant plaintiff preferred the revision before the High Court under Section 29 2 of the Bombay Rent Control Act. Similarly, another son Dahyalal was serving in Alembic Glass Works for the last 10 to 12 years. The First Appellate Court and the High Court erred in ignoring the material evidence that the tenancy was a monthly tenancy and that the case would fall under Section 12 3 a . On these findings, the appellate companyrt reversed the order of eviction passed by the trial companyrt. According to appellant landlord, the respondent did number companye to receive those three receipts and so the companynter foils were number signed by him. Brief facts which led to filing of this appeal are as follows The appellant herein is the owner of the property known as Radha Bhuvan a two storeyed building situated on Vadi Rang Mahal, Hathia Khan Road, Vadodara City near Alankar Studio and flour mill. The 2nd Extra Assistant Judge, Vadodara on 30.07.1983 allowed the appeal filed by the respondents herein. Aggrieved by the dismissal of the revision, the appellant plaintiff is before us by way of this appeal. In the interest of justice, by order dated 08.03.2017, we directed the Registry to engage a companynsel for the respondents through the Supreme Court Legal Services Committee and Ms. Richa Kapoor, Advocate was numberinated to appear for the respondents. This appeal arises out of the judgment and order dated 16.10.2003 in Civil Revision Application No.1517 of 1983 passed by the High Court of Gujarat at Ahmedabad, dismissing the revision petition thereby affirming the order of the First Appellate Court which reversed the order of eviction passed by the trial companyrt. When the matter was taken up for admission and numberice was issued, though the service was companyplete numbere appeared for the respondents. BANUMATHI, J.
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2017_159.txt
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P 4 is Khasra Girdawari for the period Swani 1961 to Rabi 1985 and this Khasra Girdawari is in the name of plaintiff as company sharer. P 5 is the Jamabandi for the year 1962 63 which show the possession of Daulat Ram as Co sharer over the aforesaid land and all the three brothers are shown as companyowners. P 6 Jamabandi for the year 1969 70 all the three brothers are shown as owners and plaintiff is shown as in cultivating possession. the land described in the head note d of the plaint was got redeemed by all three brothers and they are owners in possession of the land in equal shares. Exhibit P 10 is the order of redemption which shows that the suit land was redeemed by Sarup Ram, Daulat Ram and Room Singh, sons of Prem Singh companylectively. In the companyumn No.12 of this document mutation No.701 of redemption of mortgage is mentioned. Therefore, by subrogation he became the mortgagee unless other companyowner redeem the mortgage from him he remains as mortgagee and the suit should have been decreed on that basis. it is proved that the plaintiff deposited the amount of Rs.506/ , but on whose behalf he had deposited this amount, is number clear, because this fact can be proved only by the Treasury Voucher which has number been placed on records number PW 4 Kailash Chand has brought the treasury voucher. So far as the statement of PW 4 Kailash Chand is companycerned, it is true that from his statement. The appellant laid this suit on April 8, 1986 for declaration and possession of the plaint suit property on the plea that it had fallen to his share through private partition and thereafter he has become the absolute owner thereof. It was companytended in the appeal before the High Court and repeated in the special leave petition that he had redeemed the property by himself. Leave granted This appeal by special leave arises from the judgment and order dated August 25, 1993 made in Regular Second Appeal No.2311/92 by the Punjab Haryana High Court. In ex.
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1996_741.txt
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the main objection of the companypany was that the dispute if any was between the companytractors and their employees and that there was numberdispute between the companypany and its workmen. on the merits it was urged that the workmen companycerned were number the workmen of the company and there was numberrelationship of employer and employee between the companypany and these workmen and therefore the companypany companyld number be regarded as a party to the dispute between the companytractors and their workmen. it is therefore clear that the main question which was considered by the tribunal was whether the workmen companycerned were the workmen of the companypany or of the companytractors. the parties to this reference were two namely i the companytractors and ii their workmen. on such a reference there companyld be numberjurisdiction in the tribunal to decide the question whether these workmen were the workmen of the companypany or of the companytractors for such a question was number referred to the tribunal. a dispute arose between the companytractors and their workmen in 1956 and an application was made on june 6 1956 by the workmen before the companyciliation board. in this reference only three points were referred out of the four which were before the companyciliation board namely those relating to bonus festival holidays and payment of wages to these workmen at par with the workmen of the companypany. it also did number include the companypany as one of the parties to the dispute for the reference order refers only to two parties to the dispute namely the companytractors and their workmen. to this application both the companypany as well as the companytractors were parties and four matters were referred by the workmen to the conciliation board namely i number grant of bonus for the years 1953 54 and 1954 55 ii numbergrant of festival holidays iii number fixation of minimum wages of these workmen at par with the workmen employed by the companypany and iv numberabolition of the companytract system. it appears that the companypany used to employ messrs.
s m. choudhary hereinafter referred to as the companytractors as its companytractors for doing certain work for it. the tribunal went into the evidence in this connection and came to the companyclusion that these workmen were in fact and in reality the employees of the companypany. further before the companyciliation board number only the companytractors but the companypany was also a party for obviously the question of number abolition of the contract system would necessitate the presence of the company as a party to the proceedings. it was further objected that there was numbervalid or legal order of the government referring any dispute between the company and its workmen to the tribunal and therefore the tribunal had numberjurisdiction. as the tribunal itself says the crux of the whole case was whether the workmen companycerned were the employees of the company . the fourth point which was raised before the conciliation board namely number abolition of the companytract system was number referred. when however the government referred the dispute to the tribunal on july 31 it did number include the fourth item which was before the conciliation board relating to the number abolition of the contract system among the matters in dispute. the companytractors in their turn used to employ a number of persons to carry out the work which they had taken on companytract. 3 5 and 8 of the act by which the company was impleaded as a party to the dispute referred by the numberification of july 31 1956.
it is remarkable however that the matters of dispute which were specified in the reference dated july 31 1956 were number amended as they could have been under the proviso to s. 4 of the act by adding the fourth point of dispute before the companyciliation board namely the number abolition of the companytract system. 12 of g. o. number u 464 ll xxxvi b 257 ll /1954 dated july 14 1954 to implied the companypany as a party the main issue decided by the tribunal was number referred to it and the tribunal companyld only decide the three matters of dispute included in the order of reference of july 31 1956.
as we have already pointed out there were four matters before the conciliation board including the question of number abolition of the companytract system. the appellant is the u. p. electric supply company limited lucknumber hereinafter called the companypany . the appellant was number a party to this reference. the main companytention on behalf of the companypany before us is that even assuming that the government had power under s. 5 read with cl. d. mathur for respondent number 1.
c. mathur and c. p. lat for respondent number 2.
n. dikshit and c. p. lal for the intervener. number 98 of 1956.
c. setalvad attorney general for india s. n. andley b. dadachanji rameshuar nath and p. l. vohra for the appellants. on august 13 1956 anumberher numberification was issued by the u. p. government under ss. march 8.
the judgment of the companyrt was delivered by wanchoo j. this is an appeal by special leave against the order of the industrial tribunal allahabad. allahabad in ref. civil appellate jurisdiction civil appeal number 481 of 1958.
appeal by special leave from the award dated june 29 1957 of the state industrial tribunal u.p.
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test
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1960_327.txt
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Rakshaks, you and your associates attacked them and hurled bombs at them with a view to scare them away and escaped with the stolen property by terrorising them. When resisted by the on duty R. P. F. Rak shaks, you and your associates attacked them by throwing ballasts and hur ling bombs with a view to scare them away by terrorising them. Rakshak, you and your associates attacked him by throwing ballasts and hurling bombs at him with a view to scare him away and thus escaped with the looted railway property by terrorising him. you and your associates being armed with daggers, bombs etc.,
trespassed into Shalimar yard and companymitted theft of 7 bundles of Tarpauline valued Rupees 700/ from delivery shed. As a result of your action panic prevailed in the area which was prejudicial to the maintenance of public order. you and your associates being armed with daggers, iron rods, bombs etc.,
trespassed into Shalimar Yard by scaling over the boundary wall and started looting railway materials stacked in front of D. S. P. Store, Shalimar. When resisted by the on duty R.P.F. you and your associates being armed with iron rods, daggers, bombs etc.,
and rushed towards the loaded wagons stabled on Shalimar Ramkrishnapore side line with a view to loot companymodities by breaking open wagons. Thus you acted in a manner prejudicial to the maintenance of public order. The grounds on which the detention was ordered read On 20 4 71 at 02.00 hrs. The order of detention as also the grounds of detention with a translation thereof in Indian language, were duly served on the petitioner on the day of his arrest. On 22 7 71 at 02.30 hrs. On 21 6 71 at 03.30 hrs. On August 26, 1972 the State Government companyfirmed the detention order as required by Section 12 1 of the Act and duly companymunicated its decision to the petitioner. Shri V. C. Parashar, learned Counsel appearing as amicus curiae to assist this Court, submitted in the first instance that the gap of about 10 months between the order of detention and the arrest suggests that there was numberreal and genuine apprehension that the petitioner was likely to act in a manner prejudicial to the maintenance of public order. On June 29, 1972 the State Government received a representation from the petitioner which was companysidered and rejected on July 3, 1972. The petitioner in this case is being detained in Dum Dum Central Jail, pursuant to an order of detention dated August 18, 1971 made by the District Magistrate, Howrah in exercise of the powers companyferred on him by Section 3 1 and 2 of the. The District Magistrate duly reported to the State Government the fact of having made the order together with the grounds of detention and all other particulars having a bearing on the matter. Maintenance of Internal Security ACT, 26 of 1971 hereinafter called the Act . The petitioner companyld, however, be arrested only on June 16, 1972 as, according to the return soon after the said order the detenu petitioner was found to be absconding. On July 5, 1972 the State Government placed the petitioners case before the Advisory Board as required by Section 10 of the Act. D. Dua, J.
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1973_40.txt
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The authority companypetent to accept or number the bid was the Vice Chairman of the DDA before whom the papers were placed. The High Court found that the plot being situated in the green belt, companyld number have been put to auction at all. It appears that a public interest litigation was filed by a third party laying challenge to the auction companyplaining that the plot was situated in green belt and therefore companyld neither have been treated as a developed plot number put to auction for any purpose other than use as a green belt. The respondents made a bid of Rs.3,25,000/ which was the highest. with two sides open was put to auction on 5.2.1985 holding it out to be a developed plot by Delhi Development Authority. The respondents filed a writ petition before the High Court of Delhi seeking a direction to the DDA to companyclude the auction sale proceedings and handover possession of the plot to the respondents. The facts relevant and material for the disposal of this appeal are that the plot on the date of the auction was situated within the green belt and hence companyld number have been put to auction by the DDA ii that the sale was number finalised inasmuch as the same was stayed by the High Court in a public interest litigation iii that the authority companypetent to accept the bid recorded its acceptance at a point of time when the High Court had already stayed the same though the order of the High companyrt was number till that point of time brought to the numberice of the authority iv that the acceptance of the bid was never companymunicated by the DDA to the respondents v that the tendered amount was 25 per cent only of the bid amount. The interim order though passed earlier was brought to the knowledge of the Vice Chairman, DDA after the authority had signed its approval of the bid on the file. The officer companyducting the sale knocked down the bid in favour of the respondents. With the fall of hammer, the respondents deposited an amount of Rs.81,250/ being 25 per cent of the bid amount. A plot bearing number 13 of site number58 on Kalkaji Road, Delhi admeasuring 162 sq.mtrs. However, it held that the respondents companyld number be faulted for having made a bid at the auction and inasmuch as an expectation has been built up in their favour of having a plot in face of acute shortage of land in Delhi, the DDA was directed to give a plot to the respondents of equivalent measurement at the same price in the same area adjoining the area in question, i.e., Kalkaji within a period of two months from the date of the order. The High Court had issued an ad interim writ staying the auction. The balance 75 per cent was yet to be paid by the respondents to the petitioner and vi that it was only in the year 1994 that the zonal plan was modified to alter the use of the plot to residential purpose. Aggrieved by the abovesaid direction of the High Court, the DDA has filed this petition for special leave to appeal before this Court. The High Court by its order dated 1.8.1991 refused to grant any relief to the respondents so far as plot number 13 is companycerned. The authority then stayed its hands in view of the High Courts order. C. Lahoti, J. Leave granted.
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1999_1116.txt
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The High Court simply said that the appellant had a statutory alternative remedy and the appellant had to avail that statutory remedy instead of filing writ petition. Venkataswami and R.P. The appellant instead of challenging the order of the Tribunal by availing the statutory alternative remedy, has filed this appeal by special leave challenging the order of the High Court. Sethi, JJ. 5781/86, dated February 6, 1987. None appears for the appellant. This appeal by special leave is preferred against an order of the Punjab and Haryana High Court in CWP No. The appellant challenged before the High Court an order of the Tribunal allowing the appeal of the Revenue. Accordingly, the High Court dismissed the writ petition.
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1999_393.txt
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The appellate companyrt while affirming the finding on section 14 of the Act allowed the appeal and dismissed the suit as adverse possession against the widow is number adverse against reversioners, and the next reversioner is entitled to recover the possession of the property or his share in it within 12 years from the date of the death of the widow. Padumanabhan, Amicus Curiae, R.A. Perumal and G. Narasimhulu for the Respondents. Shorn of details, and various issues raised in the suits, suffice it to mention that even though the trial companyrt found the gift deed to have been duly attested and executed after obtaining permission from the appropriate authority the claim of appellant, for permanent injunction, was decreed number on Section 14 of the Act as the widow who had executed the gift deed in 1954 was, incompetent to alienate widows estate by gift permanently under Hindu Law but on adverse possession and estoppel. 293 and 361 of 1972. 2486 87 N of 1978. H. Parekh for the Appellant. From the Judgment and Order dated 17.3.1978 of the Bombay High Court in Second Appeal Nos. provided she was a limited owner. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. A full bench of the Delhi High Court in Smt.
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1991_181.txt
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149 under Sec. 758 of 1983. 307, 447 read with Sec. An information was lodged with the Police Station, Khedapa, District Jodhpur, Rajasthan State about the occurrence on August 24, 1983 around 11.30 A.M. At that time Bhanwaria was alive and the offence was registered under Sec. Ordinarily, this Court is loathe to interfere with the orders granting or refusing bail but it cannot be an insurmountable obstacle in the way of rectifying an order which tends to disclose miscarriage of justice. An incident occurred on August 23, 1983 in which one Bhanwaria, son of the present appellant received fatal injuries resulting in his death. The learned Judge by his order dated September 30, 1983 accepted the application and granted anticipatory bail to the respondent observing that the dispute is with regard to the right to cultivate a certain field from which when deceased Bhanwaria was companying out, the respondent fired at him and caused the injuries which proved fatal. Sobhag Mal Jain and S.K. The present appellant moved the High Court of Rajasthan questioning the companyrectness of this order and for cancellation of the anticipatory bail. When the hospital authority sent the message that Bhawaria, the victim of assault, who was admitted in the hospital for treatment has succumbed to his injuries, the Investigating Officer also added an offence under Sec. Soon thereafter on September 29, 1983, the second respondent Chandan Singh s o Shri Ranjit Singh respondent for short appeared before the learned Sessions Judge, Jodhpur and moved an application under Sec. Unusual though it may appear to be, under a companypelling necessity in the interest of justice, we would depart from the ordinary response of this Court to matters involving bail. N. Mulla, Surya Kant and B. Sharma for the Respondents. Appln. 148, 379 and 327 of the Indian Penal Code. 1984 of the High Court of Rajasthan in Crl. Jain for the Appellant. 324 Of 1985 From the judgment and order dated 7.7. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. The Judgment of the Court was delivered by DESAI, J. Hence this appeal by special leave. Special leave granted.
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1985_101.txt
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The main defence was a denial of his right to be retained in service under the rules. His prayer for further retention in service on the ground that he was entitled to be retained under Rule 2046/2 of the Railway Establishment Code having been rejected he brought the suit which has given rise to this appeal in the companyrt of the Civil Judge, Lucknow, alleging that he was entitled to be retained under the above rule, and the order for companypulsory retirement on attaining the age of 55 years was. On appeal the High Court took a different view of Rule 2046 and held that that rule gave the plaintiff numberright to companytinue in service beyond the age of 55 years. The appellant, a clerk in the service of the East Indian Railways was companypulsorily retired from service with effect from June 30, 1948, on attaining the age of 55 years. He accordingly prayed for a declaratory decree that the order of his companypulsory retirement was illegal and void and for a money decree for, arrears of pay on the basis that he had companytinued in service. void and inoperative in law. The Trial Court accepted the plaintiffs companytention as regards the effect of the rule, gave him a declaration as prayed for and also decreed the claim for money in part. 283 of 1960. Ganapathy Iyer and T. M. Sen, for the respondent. Appeal from the judgment and decree dated, November 20, 1958, of the Allahabad High Court Lucknow Bench in First Civil Appeal No. Against this decision the plaintiff has preferred the present appeal on a certificate granted by the High Court under Art. B. Agarwala and C. P. Lal, for the appellant. CIVIL APPELLATE JURISDICTION Civil Appeal No. The Judgment of the Court was delivered by DAs GUPTA, J. March 16. 3 of 1956.
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1961_186.txt
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Ex servicemen Lineal 09 Backlog 03 Descendent of Ex servicemen, Punjab. 04 Backlog 02 The petitioners, who belong to general category, applied for recruitment against the general category posts. From the reserved categories, only 27 candidates were selected and they were appointed against the posts earmarked for their respective categories. Physically Handicapped, 04 Backlog 02 Punjab. Backward Classes, Punjab.09 Backward Classes, 03 Backlog 01 Ex servicemen Lineal Descendent of Ex servicemen, Punjab. Balmiki Mazhbi Sikhs 04 Backlog 02 ESM LDESM, Punjab. The break up of the posts advertised by the Commission was as under General 47 Scheduled Castes, Punjab.09 Scheduled Castes, 02 Ex servicemen Lineal Descendent of Ex servicemen, Punjab. Of these, one post was from the category of ex serviceman, two were from the category of physically handicapped and one was earmarked for sports persons. Balmiki Mazhbi Sikh, 18 Backlog 08 Punjab. However, their names were number included in the register meant for appointment of the selected candidates because 47 candidates, who were placed above them were appointed against the advertised posts of general category. Ms. Mohini Serial No.31 in the select list , who was appointed against a general category post, did number join and in her place Ms. Parul Serial No.48 was appointed. Their prayer is founded on the assertion that the State Government is the sole repository of power to deicide whether or number the reserved category post should be de reserved and the High Court cannot refuse to enter their names in the relevant register and deny them appointment against the de reserved posts. Likewise, Ms. Shikha Thakur Serial No.35 , who was also appointed against a general category post, resigned with effect from 2.1.2013 and was relieved on 2.2.2013. Shri Rakesh Kumar Serial No.32 , who was appointed against a general category post, joined the service but resigned with effect from 16.7.2012. In the meanwhile, the petitioners submitted representation dated 26.4.2012 to the Principal Secretary, Home Department, Punjab for de reservation of the reserved category posts for facilitating their appointment. They have pleaded that on the basis of examination companyducted in 2007, 7 candidates of general category were appointed against the de reserved posts and there is numberreason for number giving similar treatment to them. 01 Sports Person, Punjab. Freedom Fighter, Punjab. In the select list prepared by the Commission, the names of the petitioners were shown at serial Nos. Whether the petitioners, whose names were included in the select list prepared for recruitment to Punjab Civil Service Judicial Branch are entitled to be appointed against the posts which became available due to the resignation of two of the appointees and the unfilled posts of reserved categories is the question which arises for companysideration in these petitions filed under Article 32 of the Constitution. Another plea taken by the petitioners is that they are entitled to be appointed against the two posts vacated by Shri Rakesh Kumar and Ms. Shikha Thakur. The Government of Punjab sent companymunications to the High Court for the petitioners appointment against the vacant posts but the High Court did number agree and vide letter dated 10.12.2012, the Registrar General of the High Court informed the Home Department that the names of the petitioners cannot be entered in the register. The petitioners have number sought intervention of this Court for issue of a mandamus to the High Court to enter their names in the relevant register and to the State Government to appoint them against the vacant posts. The posts vacated by them were number filled and were included in the advertisement issued in 2012. That thereafter, the State Government vide its letter dated 20.2.2008 had forwarded the names of 18 candidates with the request to enter the names of said candidates in the High Court Register so that further necessary action be taken. The Punjab Public Service Commission for short, the Commission issued Advertisement No.1 in the year 2011 for holding examination for recruitment to the Punjab Civil Service Judicial Branch . The companycerned authority accepted their request and issued order dated 26.9.2012 for de reservation of 5 posts. That under the order dated 17.1.2008 passed by the Honble the Chief Justice of Punjab and Haryana High Court, the names of 24 candidates were entered in the High Court Register and vide Respondent No.2s letter dated 18.1.2008 the State Government was informed accordingly. The State Government was also requested to forward the names of other candidates as per the recommendation of Respondent No.2 as 37 vacancies were available for appointment as PCS JB officers. Immediately thereafter, the petitioners were sent for medical examination and all of them were found fit. The State Government Respondent No.l had number intimated the answering respondent the reasons behind number filling up the remaining vacancies lying vacant. 49, 50, 51, 53 and 54.
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2013_446.txt
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3,00,100. Before the bid was companyfirmed, it is alleged that a fire had broken out in the forest, with the result the residual tree growth and fire wood was destroyed. Since the appellant did number deposit the money as directed by the Managing Director, the respondent re am tinned the remaining residual tree growth and fire wood for a sum of Rs. 3,00,100 over and above the deposit already made by the appellant. 1 SCR 580 The following Order of the Court was delivered The Forest Department in the State of Kerala decided to auction the right to companylect and remove the residual of the tree growth and fire wood in sub companype No. 1,21,439 the Managing Director wrote to the appellant to deposit the said amount by way of damages. 2,00.400. The appellant herein wrote .1 letter to the respondents demanding reduction in the money offered by him I Despite that letter, the Managing Director companyfirmed the bid of the appellant and called upon him to produce the stamp paper for executing the necessary agreement and further to deposit Rs. On that day, the appellant offered a bid for a sum of Rs. 3, Pathanamthitta Range by means of public auction and the auction was fixed on 8th February, 1979. Since there was a shortfall of Rs. 9 in Coupe No. It is under such circumstances, the appellant filed a petition under Article l2h of the Constitution before the Kerala High Court. 2003 Supp. It is against the said judgment of the High Court, the appellant is in appeal before us.
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2003_1050.txt
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These lands belonged originally to Nawab Zainuddin and after his death, they devolved on Nawab Habibuddin. The lands were acquired for the benefit of the osmania University which was then administered as a Department of the Government of Hyderabad. 10/2 which companyresponds to plot No. E The question whether the aforesaid three plots of land were included in the acquisition numberified by the Government of Nizam became a bone of companytention between the parties, the osmania University companytending that they were so included and that they were acquired for its benefit and the owner, Nawab Habibuddin, companytending that the three plots were number acquired. Those lands are R.S. 1 of 1956 against Nawab Habibuddin, in the City Civil Court, Hyderabad, claiming that the three lands were acquired by the Government for its benefit and asking for his eviction from those lands. No 10/1, which companyresponds to plot No. The appeal filed by Habibuddin to the Collector was dismissed in 1965 and the appeal against the decision of the Collector was dismissed by the Revenue Board in 1968 During the pendency of the appeal before the Revenue Board, the respondents purchased the plots from Habibuddin for valuable companysideration and on the death of Habibuddin, they were impleaded to the proceedings before the Revenue Board. The University acquired an independent legal status of its own under the osmania University Revised Charter, 1947, which was promulgated by the Nizam. 111 was number acquired by the Government and that though plots Nos. In regard to plots Nos. 2031 of 1977. On December 8, 1964, the Tahsildar, Government of Andhra Pradesh, acting under section 7 of the Land Encroachment Act, 1905, issued a numberice to Nawab Habibuddin to vacate the lands and on December 15, 1964 the Tahsildar passed an order evicting him iron the lands. On May 8, 1964 the osmania University wrote a letter to the Government of Andhra Pradesh, requesting it to take steps for the summary eviction of persons who were allegedly in unauthorised occupation of the 3 plots. On February 13, 1956 the osmania University filed a suit O.S. 104 admeasuring 9 acres and 33 guntas and R.S. Sometime between the years 1932 and 1937, certain lands were acquired by the Government of the Nizam of Hyderabad under the Hyderabad Land Acquisition Act of 1309 Fasli, the provisions of which are in material respects similar to those of the Land Acquisition Act, 1894. That suit was dismissed in 1959 on the ground that plot No. 7, 8 and 9 which companyrespond to plot No. 94 admeasuring 10 acres and 2 guntas, R.S. 94 and 104 were acquired, the University failed to prove its possession thereof within twelve years before the filing of the suit. 2031 NCM of 1977 is by special leave while the other two appeals are by certi ficate granted by the High Court The question which these appeals involve is whether the appellant, the Government of Andhra Pradesh, has the power to evict the respondents summarily in exercise of the power companyferred by the Andhra Pradesh Land Encroachment Act, 1905. This question arises on the following facts We are companycerned in these appeals with three groups of lands situated in Habsiguda, Hyderabad East Taluk, Andhra Pradesh. 111 admeasuring 26 acres and 14 guntas. On March 19, 1974, the respondents filed Writ Petitions in the High Court of Andhra Pradesh challenging the order by which they were evicted from the plots summarily under the provisions of the Act of 1905. From the judgment and order dated the 30th June, 1977 of the Andhra Pradesh High Court in Writ Petition Nos. 1539 of 1974 and 798 of 1975. 905 of 1975. Appeal by special Leave from the judgment and order dated the 30th June, 1977 of the Andhra Pradesh High Court in Writ Petition No. 1977 of a Division Bench of the High Court of Andhra Pradesh, setting aside the judgment of a learned single Judge dated November 18, 1975 in Writ Petitions Nos. 94 104, it was found by the trial companyrt that Habibuddio had encroached thereupon in the year 1942, which was more than twelve years before the filing of the suit. 796 922 of 1975 respectively. Nos. They preferred an appeal from the decision of the Revenue Board to the Government but that appeal was dismissed on November 26, 1973. 61 of 1959 filed by the University against that judgment was dismissed on January 24, 1964 by the High Court which affirmed the findings of the trial companyrt. 137/78. 2031/77. Subba Rao for RR I 2 in CA. WITH Civil Appeal Nos. 1 in CA. Subbaryan, I. Koti Reddy and Mahabir Singh for Respondent No. Ranta Rao for Respondent No. K. Sen, e. Rajendra Choudhury, G.R. The State Government was number impleaded as a party to those proceedings. Three appeals were preferred to The Division Bench against the judgment of the learned single Judge, two of them being by the petitioners in one writ petition and the third by the petitioner in the other writ petition. Civil Appeal No. The Judgment of the Court was delivered by CHANDRACHUD, C.J. these three appeals arise out of a companymon judgment dated June 30. 136 137 of 1978. CIVIL APPELLATE JURISDICTION Civil Appeal No. No.
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1982_45.txt
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In its income tax returns for these assessment years the assessee claimed as deduction of expenditure for the purpose of business under Section 37 1 of the Income tax Act, 1961, amounts that it had paid to the Madhya Pradesh sales tax authorities under the provisions of sections 8 2 and 17 3 of the Madhya Pradesh General Sales Tax Act, 1958. The matter was carried by the assessee up to the Income tax Appellate Tribunal, which held that it was entitled to the deduction. Arising from out of the order of the Tribunal, the following question was referred to the High Court of Madhya Pradesh under the provisions of Section 256 of the Income tax Act see page 222 of 135 ITR Whether, on the facts and in the circumstances of the case, the penalty levied under sections 8 2 and 17 3 of the Madhya Pradesh General Sales Tax Act paid by the assessee is allowable expenditure in the companyputation of total income ? These appeals relate to the assessment years 1971 72, 1972 73 and 1973 74.
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1996_1311.txt
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Board of the Basic Education. Mistresses Officer Additional of Junior District Basic Basic Schools. Headmasters Ditto Ditto Headmistresses of junior Basic Schools. Schools. Education Officer Women Headmistresses District Basic Member secretary of Nursery Education Officer of the Board. District Basic Education Officer Women Assistant Ditto Ditto Mistresses of Nursery Schools. Assistant Ditto Member Secretary Teachers of the Board Mistresses of Senior Basic Schools. Headmasters District Basic Educa Chairman of the Headmis tion Officer Addi Board tresses in tional District Basic Senior Basic Education Officer Schools Women . The Director, the Deputy Director of Education Member Secretary and District Basic Education Officers who are incharge of the administration of the Board are officers appointed by the State Government. The question involved in this appeal is whether an Assistant Teacher employed in a Basic Primary School run by the Uttar Pradesh Board of Basic Education companystituted under the Uttar Pradesh Basic Education Act, 1972 U P. Act No. Even though the representatives of local authorities are associated in the administration of such schools after the Act was passed, the final companytrol of the schools is vested in the Government and such companytrol is exercised by it through the Director and Deputy Director of Basic Education Member Secretary and other District Basic Education Officers appointed by the Government. a to prescribe the companyrses of instruction and books for basic education and teachers training therefor. In Urban Area District Basic Education Super Education intendent Lady Educa Officers tion Superintendent. XX XX XX XX XX XX XX XX XX XX Emphasis added Section 7 of the Act states that the Board shall have its own fund, and all receipts of the Board are required to be credited into it and all payments are to be made out of it. post Authority 1 2 3 4 Assistant District Basic Member Secretary Teachers Education of the Board. For this purpose the Act provides for the companystitution of a Board to run the school imparting primary education instead of keeping them as a part of a Department of Education of the State Government. The functions of the Board are set out in section 4 of the Act thus Function of the Board 1 Subject to the provisions of this Act it shall be the function of the Board to organise, companyordinate and companytrol the imparting of basic education and teachers training therefore in the State, to raise its standard and to companyrelate it with the system of education as a whole in the State. The property, endowment and funds of the said Durgah belonged to it and number to the Central Government and the employees who were working in the Durgah were employees of the Durgah. b to companyduct the junior high school and basic training certificate examination and such other examinations as the State Government may from time to time by general or special order assign to it and to grant diploma or certificates to candidates successful at such examination c to lay down by general or special orders in that behalf, numberms relating to the establishment or institutions by the Zila Basic Shiksha Samitis or Nagar Basic Shiksha Samitis and to Superintend the said Samitis in respect of the administration of institutions for imparting instruction and preparing candidates for admission to examinations companyducted by the Board cc to take over the management of all basic schools which before the appointed day, belonged to any local body d to exercise supervision and companytrol over basic schools, numbermal schools, basic training certificate units and the State Institute of Education e to accord approval with or without modification to the schemes prepared by the Zila Basic Shiksha Samiti or the Nagar Shiksha Samiti for the development expansion and improvement of and research in basic education in any district or in the State or in any part thereof f to acquire, hold and dispose of any property, whether movable or immovable and in particular, to accept gift of any building or equipment of any basic school or numbermal school on such companyditions as it thinks fit g to receive grants, subventions and loans from the State Government g 1 to have superintendence over the Zila Basic Shiksha Samitis and the Nagar Basic Shiksha Samitis in the performance of their functions under this Act and subject to the companytrol of the State Government, to issue directions to the Samitis which shall be binding on such Samitis g 2 to companystitute sub committees from amongst the members of the Zila Basic Shiksha Samitis and Nagar Basic Shiksha Samitis for such purposes as the Board thinks fit h to take all such steps as may be necessary or companyvenient for, or may be incidental to the exercise of the power, or the discharge of any function or duty companyferred or imposed on it by this Act Provided that the companyrses of instruction and books prescribed and institutions recognised before the companymencement of this Act shall be deemed to be prescribed or recognised by the Board under this Act, For the purposes of exercising powers of management supervision and companytrol over the basic schools under clause cc or clause d of sub section 2 , which before the appointed day belonged to a local body the powers and functions of a local body in respect of such schools shall stand transferred to the Board. The Durgah in question was a religious institution and its affairs were regulated by the Durgah Khwaja Saheb Act, 1955. The other members of the Board are two persons to be numberinated by the State Government from amongst Adhyakshas, if any, of Zila Parishads one person to be numberinated by the State Government from amongst the Nagar Pramukhs, if any, of the Mahapalikas one person to be numberinated by the State Government from amongst the Presidents, if any, of the Municipal Boards the Secretary to the State Government in the Finance Department, ex officio the Principal of the State Institute of Education, ex officio the Secretary of the Board of High School and Intermediate Education, Allahabad, ex officio the President of the Uttar Pradesh Prathmik Shikshak Sangh, ex officio two educationists to be numberinated by the State Government and an officer number below the rank of Deputy Director of Education to be numberinated by the State Government who shall be the Member Secretary of the Board. The school in question is number a privately sponsored institution which is recognised by the Board. The said Act was passed for making provision for the proper administration of the Durgah and the endowment of the Durgah Khwaja Moin ud din Chishti generally known as Durgah Khwaja Saheb of Ajmer. The Board is established by the State Government under section 3 of the Act with the Director, ex officio, as its Chairman. The funds of the Board mainly companye from the companytribution made by the State Government. He companytended that since the post of an Assistant Teacher in a Basic Education School which he held was number an office of profit under the State Government the rejection of his numberination was improper and, therefore, the election of the appellant was liable to be declared as void as provided in section 100 1 c of the Representation of c the People Act, 1951. The unsuccessful candidate, the respondent therein, filed an election petition questioning the validity of the election on the ground that the appellant therein was disqualified for being chosen as a member of Parliament as he was holding the office of the Manager of the school belonging to the Durgah Khwaja Saheb which was governed by the Durgah Khwaja Saheb Act, 1955 and had been appointed as Manager by the companymittee of management appointed by the Central Government under section 6 2 of that Act. Section 6 of the Act which deals with officers and other employees of the Board reads thus 6 Officers and other employees of the Board For the purposes of enabling it efficiently to discharge its functions under this Act the Board may appoint such number of office teachers and other employees as it may, with the previous approval of the State Government, think fit. The said officers are all officers of the Government Department who hold the posts in the Board ex officio, that is, by virtue of the companyresponding post held by them under the Government. The Statement of Objects and reasons attached to the Bill which was passed as the Act clearly says that the Act was passed in order to enable the State Government to take over the administration of schools imparting primary education which were being run by the local authorities into its own hands. The Central Government only had the power to appoint the members of the companymittee. It is seen that all officers mentioned in companyumn 3 and companyumn 4 of the above Schedule are either the State Government or officers appointed by the State Government. The appellant Biharilal Dobray, the respondent Roshan Lal Dobray and some others were numberinated as candidates at the election to the Uttar Pradesh Legislative Assembly from 308 Kanauj S.C. In this case also the companytrol of the Government was too remote. Without prejudice to the generality of the provisions of sub section 1 the Board shall, in particular, have power . In the second case the candidate in question was an employee of a Government companypany which had been registered under the Companies Act but the powers of management were vested in the Managing Director of the Company functioning in accordance with the Articles of Association of the Company and the companytrol of the Government was very indirect. Aggrieved by the result of the election, the respondent who was number allowed to companytest the election by reason of the rejection of his numberination paper filed an election petition before the High Court of Allahabad challenging the companyrectness of the order of rejection of his numberination paper and the result of the election which was held thereafter. The numberination paper of the respondent was, however, rejected by the Returning officer by his order dated May S, 1980 on the ground that he was holding an office of profit under the Government of the State of Uttar Pradesh and hence was disqualified under s Article 191 1 a of the Constitution for being chosen as a member of the Legislative Assembly. 1 appellants election was declared as void. 34 of 1972 hereinafter referred to as the Act is disqualified for being chosen as a member of the State Legislative Assembly under Article 191 1 a of the Constitution. Assembly companystituency at the last general elections held in the year 1980. Accordingly the election petition was allowed and the . in which the judgment was rendered by one of us Fazal Ali, J. the candidate whose numberination was questioned was a part time Chairman of a companypany called the Travel and Tourism Corporation Andhra Pradesh Private Limited who had been appointed by the Andhra Pradesh State Road Transport Corporation which was a Corporation established under the road Transport Corporations Act, 1950. The procedure laid down in Civil Services Classification, Control and Appeal Rules as applicable to servants of the Uttar Pradesh Government is required to be followed as far as possible in the case of the employees of the U.P. The High Court principally relied on the decisions of this Court in Maulana Abdul Shakurs supra and R.Gurushantappas case supra in reaching the companyclusion that the respondent was number holding an office of profit under the Government. The Rules provide for the procedure to be followed in disciplinary proceedings and the punishments that may be imposed when an employee is found guilty of any act of misconduct. After such rejection the polling took place on May 28, 1980 and the appellant who secured the highest number of votes was declared elected on June 1, 1980. In Kona Prabhakara Rao v. M. Seshagiri Rao Anr. 21 of 1980. Aggrieved by the decision of the High Court, the appellant has preferred this appeal under section 116 A of the Representation of the People Act, 1951. Appeal by Special leave from the Judgment and order dated the 3rd March, 1982 of the Allahabad High Court in Election Petition No. Rules 5 of the said Rules provides for an appeal against any order imposing punishment to the prescribed authority. P. Goyal, V. K. Verma and Rajesh for the Respondent. The Judgment of the Court was delivered by VENRATARAMIAH,J. 1101 of 1982. B. Dadachanji, R. Narain, O. C. Mathur and Mrs. A. K. Verma for the Appellant. R. Mridul, J. Name of the Appointing Appellate Authority No. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1983_297.txt
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Within a period of three months, he companymitted defalcation of mis appropriation of Rs.2,61,859.30. In 1991, the sanction was obtained and thereafter the prosecution was laid. The mis appropriation of the said amount took place during the period of 1976 and earlier. A departmental enquiry companymenced on December 12, 1979 and initially the prosecution was laid in 1985 without obtaining the sanction. The learned Magistrate discharged the respondent on the ground that the sanction as required under Section 197 of the Code of Criminal Procedure, 1973 was number obtained. It is stated that the first respondent was posted as an Assistant Godown Manager in the Stores. Leave granted.
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1995_850.txt
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In those proceedings the assessment of the respondents for the assessment year 1943 44 was enhanced. The assessment of the firm for the year 1943 44 was companypleted on January 22, 1946 and the share income of each partner was determined at Rs. 90,000/ was added to the income of the firm liable to be brought to tax. For the assessment year 1943 44, i.e., the assessment year ending March 31, 1944, the firm. The assessment of the other firm for 1947 48 was companypleted on June 30, 1.951 again for a smaller sum than that estimated by the assessee. One Mohiuddin who was a partner in two registered firms submitted returns of his income incorporating therein the estimated share of losses in the two firms for the assessment years 1946 47 and 1947 48. On September 11, 1952, the ITO issued numberice to the firm under s. 34 of the Act requiring the firm to show cause why its assessment for the assessment year 1943 44 should number be re opened and enhanced for the reasons mentioned in that numberice. Subsequently, the assessment of the firm was re opened by proceedings under s. 34 1 a, of the Act and a sum of Rs. The Income tax Officer started rectification proceedings on May 4, 1953 and ultimately passed an order for rectification on March 27, 1954 after taking into account the share of the losses as companyputed in the assessment of the two firms. The assessment of one of the firms for the same years was companypleted on October 31, 1950 but the proportionate share of the assessee for the losses was companyputed at much smaller figures. In The Income tax Officer, Madras v. S. K. Habibullah 1 the facts were as follows. The estimates of the assessee were accepted by the Income tax Officer who companypleted the assessment for ,the two years on February 20, 1950. On July 24, 1959 numberice under s. 35 5 of the Act was served on the respondent for rectification of his assessment as an individual. The appeals involve the interpretation of s. 35 5 of the Income tax, Act, 1922. The respondents in these appeals were the partners, of a registered firm carrying on business in gunnies. The assessment of the respondent as individual was companypleted on January 24, 1946 wherein was included his income from the partnership just numbered. 1229 to 1233 of 1961. In the proceedings that followed the assessment of the firm was substantially enhanced on 30 5 Thereafter, the proceedings against the respondents were initiated under s. 35 5 read with s. 35 1 as per the numberices dated 24 7 59. The High Court following the decisions of this Court in Income Tax Officer, Madras v. S. K. Habibullah 1 and Second Additional Income Tax Officer, Guntur v. Atmala Nagaraj and others 2 , allowed those writ petitions and quashed 1 119621 Supp. The respondent along with his four brothers were partners of a registered firm carrying on business in gunnies. Income tax Officer v. Atmala Nagaraj 1 being the second decision of this Court in point of time, was fully aplicable to the cases before it and in that view of the matter the order of rectification was quashed. 2154 to 2158 of 1966. The numberice under s. 34 was issued on September 11, 1952 and the reassessment of the firm took place on May 30, 1959. The Indian Income Tax Act 1922, to be hereinafter referred to as the Act, was amended by Act 25 of 1953. The rectification was ultimately ordered to be made on August 31, 1959. Mitter, J. The respondents challenged the validity of those proceedings in the High Court of Judicature at Madras in writ petitions 1229 1233 of 1961 on its file. in question was assessed to tax on 22 1 46. When the matter came to be heard by the High Court of Madras, there were already three reported decisions of this Court bearing on the interpretation of s. 35 5 of the Act. was delivered by MITTER, J. HEGDE, J. delivered a dissenting Opinion. 8,265/ . K. Aiyar and R. N. Sachthey, for the appellant in all the ,appeals A. Ramachandran, for the respondents in all the appeals , The Judgment of WANCHOO, C.J., BACHAWAT, RAMASWAMI and MITTER, JJ. In the last of these, decisions, a doubt had been cast as to the companyrectness of the two earlier decisions but the High Court felt that the decision in Second Addl. 2154 of 1966 relevant for the disposal of the appeal, taken by way of sample, are as follows. Hegde, J. 226 of the Constitution of the High Court of Judicature at Madras. Appeals by special leave from the judgment and order dated March 27, 1963 of the Madras High Court in Writ Petitions Nos. The respondent applied to the High Court for quashing the said order. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. This group of five appeals by special leave arises out of a companymon order made under Art. The facts in Civil Appeal No. Hence these appeals.
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1967_82.txt
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J. F. Nariman J. Indu Malhotra New Delhi. F. NARIMAN, J. As stated hereinabove, all objections to the said award were rejected by the learned Single Judge on 09.02.2017. September 13, 2018. This is how the present SLP has been filed against the decision of the learned Single Judge. An appeal to the Division Bench resulted in an Order dated 14.03.2018, stating that in view of Section 50 of the 1996 Act, the said appeal would number be maintainable. Leave granted.
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2018_438.txt
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On October 25, 1979 the Food Inspector took a sample of hard boiled sugar companyfectionary from the shop of the appellant. The appellant herein was tried by the Chief Judicial Magistrate, Jodhpur, Rajasthan charged of the offence under Section 7/16 of the Prevention of Food Adulteration Act, 1954 since the sample of hard boiled sugar companyfectionary taken from the appellant was found to be adulterated in view of the presence of mineral oil, as also on account of its having a very unpleasant smell and taste. After companyplying with the requirements of the Act and the Rules the sample was sent to be Public Analyst and the report of the Public Analyst dated November 16, 1999 showed that the sample was number according to the prescribed standard as mineral oil was found present which was an unwholesome ingredient, and also that the sample had a very unpleasant smell and taste. In Appendix B item No.25.01 was amended and under the amended Rules, the presence of mineral oil was permitted subject to two companyditions, namely that the mineral oil was of food grade if used as a lubricant, and did number exceed 0.2 by weight. The learned Chief Judicial Magistrate by his judgment and order of April 25, 1986 found the appellant guilty of the offence charged and sentenced him to undergo rigorous imprisonment for 2 years and a fine of Rs.2,000/ , in default of payment of fine to further undergo rigorous imprisonment for 6 months. During the pendency of the appeal a Notification was issued on April 8, 1988 whereby the Central Government in exercise of powers companyferred by sub section 1 of Section 23 of the Prevention and Food Adulteration Act amended the Prevention of Food Adulteration Rules, 1955. The appeal preferred by the appellant was dismissed by the District and Sessions Judge, Jodhpur by his order dated August 4, 1988 who upheld the companyviction but modified the sentence and reduced it to 6 months rigorous imprisonment and a fine of Rs.1,000/ , in default of payment of fine to further undergo rigorous imprisonment for 1 month. The Food Inspector filed a companyplaint on January 29, 1980. The appellant preferred an appeal before the Court of the District and Sessions Judge, Jodhpur. After trial the learned Chief Judicial Magistrate by his judgment and order dated April 25, 1986 found the appellant guilty and sentenced him as earlier numbericed. Criminal Revision No.200 of 1988 before the High Court of Rajasthan at Jodhpur but the same was dismissed by the High Court by its judgment and order dated 1st August, 1997. The appellant thereafter preferred S.B. Revision preferred by the appellant before the High Court was dismissed. This was the minimum sentence which companyld be imposed under the Act for the charge proved against the appellant. P. SINGH, J. The appellant is before us by special leave. The facts of the case are number in dispute.
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2004_300.txt
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There exists a Dargah known as Dargah of Hazrat Galib shaheed. Wakf Board in exercise of the Powers companyferred on me through Resolution No.14/69 of the Wakf Board vide A.P. However, as numbericed hereinbefore, admittedly, in the meantime, a deed of sale was executed on 20.4.1985 by the Wakf Board and the Mujavars in favour of the appellant society. No.773, Revenue Wakf Department, at 4.5.1983 and G.O.Ms. The D.1 and its Mujavars with permission of D.10 are at liberty to substitute any other land other than plaint schedule property to D.13 society. A deed of sale was thereafter executed by the respondents 2 to 9 as also the Wakf Board in favour of the appellant society. It is also number in dispute that the authority, if any, on the part of the Mujavars to sell the said lands, were subject to permission granted by the Wakf Board. No.63 situated Bhavanipuram Village Vijayawada Taluk, Krishna District, belonging to Dargah of Galib Shaheed Rs.70,000/ per acre. The agreement may be got drafted with usual terms and companyditions of sale of wakf property. Only thereafter, the said agreement for sale dated 2.8.1982 was executed. Land Revenue Assessment Rs.226.70 Boundaries North Galib Shaheed Dargah and Mujawars Houses. Inter alia, on finding that the Mutwallis appointed for the said Dargah had number been performing their duties in a proper and efficient manner, the Andhra Pradesh Wakf Board appointed respondent Nos.2 to 9 as Mujavars by an order dated 27.7.1973, stating According to the enquiry report first cited, it is numbered that the Dargah Hazrata Ghalab Shaheed at Bhavanipuram village, Talaq, Krishna District is a numberified Wakf in the A.P. It was companymunicated to the first respondent by a letter dated 20.6.1982 purported to have been written by Shaik Syed Hussain, IAS which is in the following terms After careful companysideration of the subject, the Board has been pleased to grant permission to the Mujavars Association Dargah of Hazrath Galib Shaheed Bhavanipuram, Vijayawada to enter into an agreement in written to sell the land of an extent of Ac.35 20 cents in R.S. Wakf Board and the Secretary Jammat e Mujavars Association of Hazrath Galib Shaheed Dargah, Vijayawada are directed to take immediate follow up action number to proceed further in pursuance of the above Government orders cited at 2nd and 3rd above, pending enquiry by the approrpaite authorities into the irregularities and the allegations mentioned above, they will acknowledge the receipt of this memorandum by return of the post. The High Court in its judgment, inter alia, opined that as the fact that some of the Mujavars with their family members became members of the appellant society by itself indicates strong circumstances to hold that the majority of the Mujavars, the then Chairman of the Wakf Board and the President of the District Wakf Property have substantial interest in the plaint schedule property having been allotted plots number only for themselves but also for their family members and only for the said purpose the defendants tilted towards the appellants defendant No.13 society . 773 dated 4.5.1983 to sell the said land in favour of the appellant society. It was furthermore held that the Mujavars were parties to the agreements although they made attempts to deny or dispute the same. The purported letter dated 30.6.1982 issued by the Chairman of the Wakf Board is an outcome of forgery as the then incumbent of the said Board while examining himself as DW 6 categorically stated so. No.63 situated at Bhavanipuram, Vijayawada to the Lakshmi Srinivas Cooperative Building Society Ltd. G. No.2705 at Vijayawada at Rs.70,000/ per acre after taking an earnest money of number less than Rs.4,00,000/ . Haneef Member Sri Abdus Salam Member Sri Abdul Waheed Member First respondent is a companyoperative society. Deed of sale executed by the appellant society in favour of the allottees was also held to be hit by the doctrine of lis pendens. On or about 2.8.1982, the respondent Nos.2 to 9 allegedly entered into an agreement for sale with the first respondent herein agreeing to transfer the said 35 acres 20 cents of land at a price of Rs.70,000/ per acre. Ibranhim Treasurer Sri Abdul Jaleel Member Sri Mahd. The learned Trial Judge by a judgment and order dated 19.10.2005 decreed the said OS No.449 of 1984, stating In the result, the suit is decreed with companyts holding that the plaintiff is entitled for the relief of the Specific Performance sale deed, dated 2.8.1982 on its depositing the balance sale companysideration of Rs.20,64,000/ within ONE MONTH from this day and on such deposit D.10 to D.12 are directed to issue the necessary orders for execution of sale deed in favour of the plaintiff required under the Wakf Act and ULC Act within 30 days after the plaintiff depositing the balance sale companysideration and on receipt of such orders from the defendants 10 to 12, the defendant No.1 represneted by its Mujavars and D.13 to execute regular sale deed in favour of the plaintiff within ONE MONTH thereafter and deliver possession of the plaint schedule property to plaintiff and in default the plaintiff is at liberty to get the sale deed executed through the process of the Court. The Government examined the records of the Wakf Board and inter alia found that it was necessary to initiate an enquiry with regard to the matters specified therein. The said suit was marked as suit No.449 of 1984 the prayers made wherein were For specific performance of the suit companytract of sale dated 2.8.1982 against the defendant 1 to 9 and 13 directing them all or these when the Court finds necessary and proper to execute and register sale deed or deeds in favour of the plaintiff or its numberinees at their expense for the plaint schedule property in whole or in parts as they choose, or in the alternative, if the defendant 1 to 9 and 13 refuse to do so, for a direction that the Court or any officer of the Court as directed by the Court do so execute and register the sale deed or sale deeds. Appellant society also allotted lands in favour of Mujjavardars and or their relatives. The numberified Mutavallies are Sri Abdul Khuddus 2 Sri Abdur Rahman and Sri Abdul Hakeem Among them the first Mutavalli was residing in Guntur. Learned companynsel for the appellants in all the three appeals, inter alia, would submit The agreement of sale deed 2.8.1982 Exh. Gazette numberification Part II dated 24.2.1972 on page 205, under Section 43 2 of Wakf Act, hereby appoint the Managing Committee for managementof affairs of the said Dargah companysisting of the following persons with immediate effect Sri Shaik Ibrahim President Sri Gulam Ali Akbar Secretary Sri Mohd. You are hereby instructed to obtain permission from the urban ceiling authority for the sale of above said property. Krishna sixth cited, I, the Secretary, A.P. The purported order dated 30.6.1982 Exhibit A 49 is fabricated document and was number in existence on the date of the agreement of sale dated 2.8.1982, as 1 numberreference thereto was made in the agreement for sale The stamp papers were purchased on 2.12.1981, i.e., eight months prior to entering into the said agreement from Vyyuru, although the parties were residents of Vijayawada. It filed a suit for specific performance of the companytract. Some of the allottees have allegedly purchased the land before 24.4.1984, i.e., prior to institution of the suit. None of them were performing legitimate duties under Section 36 and rendering services to the said Dargah. On or about 25.2.1982, a numberification was issued inviting objections within one month from the date of the said numberification subject to companyfirmation by the Government which reads as under M s. Srinivasa Cooperative Building Society No.2705 Vijayawada, have offered to purchase an extent of Acres 35.20 cents of the land bearing Sy. As the allottees were number parties to the suit, numberdecree for specific performance against them companyld have been granted. The sale transactions effected in favour of the appellant society were declared to be null and void and on the said premise, the companytention that all transactions having already been companypleted, numberfurther direction should be issued, was furthermore rejected. 63 Area Acres 35.20 cents. The Secretary, A.P. Allegedly, however, numberadvertisement was issued prior thereto and, thus, numberoffer was called for. It was, however, companytended by the appellant as also the respondent Nos.2 to 9 that the said agreement was a forged document. The total extent of land numberified in the Gazette is 116 acres 11 cents. No.250 dated 8.3.1985 stating that transactions are null and void in terms of the provisions of the Urban Land Ceiling and Acquisition Act, 1976. A numberification pursuant thereto was purported to have been issued on 26.5.1983. During the pendency of the suit, another Government Order was issued on 8.3.1985, giving time limit to sell the suit lands pursuant whereto lay out was approved and plots were allotted. The Government, however, in the mean time, purported to have accorded sanction by issuing G.O. Most of the applicants, however, have purchased thereafter, namely, during the pendency of the suit. Both the suits were companysolidated. Allegedly, it was dispossessed. It, on the said premise, filed a suit for permanent injunction which was marked as O.S. The building Society may be addressed to companye forth to enter into a written agreement on making payment of earnest money of Rs.4,00,000/ within a month. fifth cited it is numbered that the living Mutavallies also died. First Respondent questioned the said Government Order No.773 dated 4.5.1983 by filing a writ petition. Allegedly, upon publication of the said advertisement, several company operative societies made their respective offers. The companytention that the permission granted by the Government stood cancelled upon taking into companysideration GOMs No.343 staying the operation of GOMs No.773 wherein a large number of irregularities were recorded including the one that the Wakf Board did number follow the procedure laid down under Rule 12 of the Rules read with Section 36A of the Act was accepted. The State of Andhra Pradesh, however, itself issued G.O. Yet, a purported sanction was granted. It was furthermore companytended that the said letter dated 30.6.1982 is also a forged document. Application of the Wakf Act, 1954 and the Rules framed by the State of Andhra Pradesh as regards a suit for specific performance of companytract is in question in this appeal which arises out of a judgment and order dated 25.1.2007 passed by a Division Bench of the High Court of Judicature at Andhra Pradesh at Hyderabad in AS No.686 of 2005, 743/05 and 125/06. No.250 Revenue UC 1 Department, dated 8.3.1985 are be and hereby stayed. From various companyrespondences passed between the parties, it was evident that the plaintiff society also offered a bid of Rs.1,26,000/ per acre and on the said premise the companyrts below should have held that the first respondent was estopped and precluded from companytending companytra. For a permanent injunction companytesting the defendants 1 to 10 and 13 interfering with the plaint schedule property and plaintiff possession thereof and For companyts of the suit and such other orders as are deemed jut and necessary. The full particulars of the land are shown below Nature and purpose of the Sale for the Proposed transaction companystruction of the houses. Allegedly, a sum of Rs.4,00,000/ in cash was paid as advance, a receipt wherefor is said to have been issued. A 13 , inter alia, in the light of Section 17 of the Specific Relief Act, 1963 The companyrts below should have held that the agreement was executed under suspicious circumstances and in that view of the matter the relief of specific performance being a discretionary relief should number have been granted. It was directed Pending further enquiries into the above irregularities numbericed and the allegations, Government after careful companysideration hereby order that all further proceedings in pursuance of the G.O.Ms. II Amount of companysideration 1 a Price in case of sale Rs.24,64,000/ Rental in case of lease III Current Description of Properties Agriculture Lands Rs. It also took numberice of the fact that an enquiry had been pending before the Special Officer and the Competent Authority, Urban Land Ceilings, Vijayawada as also the fact that the interim orders had been passed by the High Court in writ appeal No.3191 of 1984. In the circumstances, in view of the Resolution of W.C. Krishna third cited and recommendation of the president D.W.C. No.449 of 1984 although proceeded on the basis that it was in possession of the lands in question, a prayer for amendment was made in the year 1992 whereby and whereunder a decree for recovery of possession of the plaint schedule property was prayed for and allowed by order dated 24.6.1992. However, the Government by a companymunication dated 17.11.1992 purported to have directed that the necessary action may be initiated for cancellation of the orders of exemption issued in terms of G.O. Therefore, it was proposed to initiate enquiry under Section 45 and to take action under Section 43 against the two living Mutavallies No. Indisputably, the respondent No.1 herein in the said O.S. Although, the plaint proceeded on the basis that the first respondent was in possession, an amendment was carried out in the year 1992 in terms whereof prayer B was added. The offer made by the first respondent was said to have been accepted. We may place on record that at one point of time, the first respondent filed an application for impleadment of the allottees who were about four hundred in number in the suit but the same was however, number pressed. Shaik Syed Hussain, IAS Officer examined himself before the learned Trial Judge as DW 6 the denied his signatures. Gazette Part II dated 28.6.1962. No.343 on or about 25th October, 1986 stating that there had been numberadvertisement and as such the requirements of law as envisaged under the Act had number been companyplied with on the basis of the purported companyplaints received by it from various quarters. Automatically, the post of fell vacant and therefore the enquiry has become fractious. Both the companyrts below have companymitted a serious illegality insofar as they failed to take into companysideration the question as regards the validity of agreement Exh. 3337 3338 3339 of 2008 Arising out of SLP C Nos.14626 14627 and 14168 of 2007 B. Sinha, J. On page 710 and 711 at Serial No.747. A writ appeal was preferred thereagainst wherein it was held that the issues were required to be decided by the Civil Court and, thus, it was number necessary to decide the same. The said writ petition was dismissed having become infructuous. The said appeals were dismissed on the aforementioned findings. 3329 OF 2008 Arising out of SLP C No.5606 of 2007 With Civil Appeals Nos. Writ petition filed by Respondent No.1 was dismissed by a learned Single Judge by an order dated 28.8.1984. As per latest report of the I.A. The second died and the third was seriously laid down with paralysis and number in a position to move out. No.200 of 1983. Three appeals were preferred before the High Court thereagainst. REPORTABLE CIVIL APPEAL NO. Leave granted. 1 and 3 .
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1219/80. Shri Kapil for the petitioner review intervened and was heard. A simple petition to review an earlier judgment of this bench has, because of the intervening summer vacation, passed through vicissitudes, gathered episodes and been blown up into an exciting chronicle of unsavoury events, injecting more passion than reason, more heat than light, into the forensic proceedings. Kapil Sibal and R. S. Sodhi for the Petitioner. This objectivity generated clarity and brevity, thanks, of companyrse, to companyperation by companynsel on both sides. 104 of 1980.
Review Petition against the Judgment and order of this Honble Court dated 7 5 1980 and 9 5 1980 in CMP. CIVIL APPELLATE JURISDICTION Review Petition No. K. Garg and P.C. Bhartari for Respondent No. The order of the Court was delivered by KRISHNA IYER, J.
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Different amounts were mentioned in the said numberices which were to be imposed, as damages against the different appellants. 2971 2974 of 1989 The Regional Directors of the Employees State Insurance Corporation hereinafter referred to as the Corporation issued numberices under Section 85 B of the Employees State Insurance Act, 1948 hereinafter referred to as the Act to the appellants between the years 1979 to 1981, stating that they proposed to impose damages against the appellants because there had been delay on the part of the appellants in making payment of the companytribution, in accordance with the provisions of the said Act. The Regional Directors passed orders on different dates against the different appellants imposing damages, for the period in question. The appellants in pursuance to the numberices aforesaid submitted their explanations indicating the reasons and circumstances, because of which the delay had occurred. Being aggrieved by those orders the appellants filed petitions under Section 75 of the Act before the Employees Insurance Court. Thereafter appeals were filed under Section 82 of the Act before the High Court which were dismissed in limine. A. Nos. The Judgment of the Court was delivered by P. SINGH, J.
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1994_400.txt
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issued recognition certificate in favour of the assessee for the purchase of the aforestated raw materials. Pursuant to the recognition certificate, assessee purchased the said raw materials against Form No.3B. Pursuant to the aforestated two circulars dated 17.1.01 and 23.2.01 impugned circulars , show cause numberice was issued on 9.5.01 to the assessee herein as to why the recognition certificate earlier granted to the assessee should number be revoked. 8 That, it was number open to the issuing authority to cancel the recognition certificate granted to the assessee by invoking the aforestated impugned circulars dated 17.1.01 and 23.2.01. At this stage, we may point out that the assessee did challenge the validity of the said circulars dated 17.1.01 and 23.2.01 before the High Court. This circular dated 17.1.01 was followed by another circular dated 23.2.01 to the effect that recognition certificate under Section 4B of the Act with regard to purchase of bitumen, chemical companypound etc. The impugned numberice dated 9.5.01 as well as the aforestated two impugned circulars dated 17.1.01 and 23.2.01 were challenged by the assessee before the High Court vide Writ Petition No.741 of 2001. 5 Assessee applied for grant of recognition certificate under Section 4 B of the U.P. 13 In the present case, raw materials are bought by the assessee which are used in the manufacture of Hot Mix which is utilized for road companystruction. issued a circular stating that purchase of raw materials used in the companystruction of roads, cannot be made against Form No.3B. to grant recognition certificate to the assessee that the State did number challenge the decision of the Tribunal and, therefore, the impugned circulars dated 17.1.01 and 23.2.01 companystituted companyourable exercise of power by the Commissioner in order to get over the judgment of the Tribunal which was against the Department. The Trade Tax Officer rejected the request of the assessee. to grant recognition certificate for the purchase of cement, sand, bitumen, furnace oil, HSD, Lubricant etc. Trade Tax Act, 1948 for short, the Act for purchase of raw materials for manufacture of Hot Mix. Therefore, the Tribunal allowed the assessees appeal and directed the A.O. 7 The main companytention of the assessee before the High Court was that the raw materials used by the assessee in execution of works companytract companystituted deemed sale under Article 366 29A of the Constitution of India and, therefore, the assessee was entitled to the benefit of companycessional rate of duty on the purchase of aforestated raw materials. had in fact granted recognition certificate to M s. National Highway Construction Company, Mathura and M s. Oriental Construction Engineers Ltd., Mathura, for manufacturing of Hot Mix. Aggrieved by the decision, the assessee preferred Second Appeal No.75 of 1997 before the Trade Tax Tribunal, Agra, which came to the companyclusion that Hot Mix was manufactured by the assessee in the plant from cement, sand, bitumen, furnace oil, HSD, Lubricant etc. Assessee was awarded work by the Construction Division, Agra and Mathura, for widening the roads, maintenance and repairs. raw materials against Form No.3 B at a companycessional rate of tax. The Tribunal found that the A.O. Before the High Court, assessee further companytended that it was open to the State to challenge the order of the Tribunal directing the A.O. Consequently, the A.O. against Form No.3B should be reviewed by the O. issuing authority . However, the High Court has focused its attention only to the validity of the show cause numberice dated 9.5.01 by the O. threatening withdrawal of the recognition certificate. Construction Co. Ltd. assessee is a public limited companypany incorporated under the Companies Act, 1956. for the companystruction of roads. of Agra Bholpur section of NH 3 in the State of U.P. Further, according to the Commissioner, the companytracted road is an immoveable property whereas under Section 4 B of the Act the facility of buying raw materials was permissible only to the manufacturing who sold the manufactured companymodity and since roads were number saleable the manufacture assessee was number entitled to the benefit of Section 4 B. Trade Tax Act, 1948. 6 However, on 17.1.2001 the Commissioner, Trade Tax, U.P. With Civil Appeal Nos.7257, 7258, 7259, 7260, 7261, 7262, 7263, 7264 of 2005 Civil Appeal No.3553 of 2007 arising out of S.L.P. It entered into a companytract with National Highway Authority of India, New Delhi, for companystruction 4/6 lane of national highways of numberth, south, east and west of the Agra Gwalior section of NH 3 and for laning of 24 to 41 kms. C No.13316 of 2005 Civil Appeal No.3555 of 2007 arising out of S.L.P. C No.13951 of 2005 KAPADIA, J. It is registered under the U.P. 4 M s. P.N.C. 3 Civil Appeal No.7256 of 2005 is the lead case in which the facts are as follow. 2 This batch of civil appeals is directed against the judgment and order dated 14.3.02 passed by the Allahabad High Court in Writ Petition No.741 of 2001. Aggrieved by the said decision, an appeal was preferred before Dy. Commissioner Appeals which was also dismissed vide order dated 24.4.97. Leave granted in Special leave petitions.
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2007_629.txt
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The companysignee Defendant No. The companysignor, plaintiff No. the insurer and the companysignor had numberright to sue. The defence of the railway administrations was that ownership of goods was in the companysignee Bihar State Electricity Board Defendant No. The suit was companytested only by the Union of India representing the railway administrations. NGEF Limited Plaintiff No. The trial companyrt accordingly rejected this defence of the railway administration and held that the companysignor Plaintiff No. Open delivery of the companysignment was given by the railway an 31.8.1977 and a certificate of damage to this effect was issued by the railway administration. 1 under which insurer was liable to reimburse the companysignor NGEF Ltd. 2 and the companysignee as the proforma Defendant No. 1 New India Assurance Co. Ltd. authorising the insurer to recover the damages from the railway administration. 3 as companysignee. Plaintiff No. There was thus numberdispute of title to the goods or right to sue between the companysignor and companysignee. 2 tendered the companysignment on 15.6.1977 to the railway administration at Bangalore for carriage to, and delivery at Hajipur in Bihar, naming the Bihar State Electricity Board Defendant No. The Bihar State Electricity Board Defendant No. 3 whose title to the goods was asserted by the railway administration, apart from, number company testing the suit had also intimated the railway administration by a letter that it had numberright or interest in the goods and, therefore, it had numberobjection to recovery of the amount by the plaintiffs from the railway administration. 3 NGEF Ltd. against the Union of India representing the companycerned railway administrations impleading the Bihar State Electricity Board as a proforma defendant to recover the sum of Rs 1, 97,864/ together with interest as companypensation for loss of goods during transit by rail. 1,97,864/ with interest at the rate of 6 percent from Defendants 1 and 2, the Union of India representing the companycerned railway administrations. It is significant that the Bihar State Electricity Board Defendant No. 3 placed an order with NGEF Limited Plaintiff No. After the statutory numberice, New India Insurance Company Ltd. as the insurer filed the suit for recovery of the said amount impleading the companysignor as Plaintiff No. The companysignment was companyered by an open insurance policy issued by New India Assurance Company Plaintiff No. 2NGEF Ltd., the companysignor, under the insurance policy was settled by the insurer by payment of Rs. 3 was addressed to the railway administration and companyntersigned by the Station Master of the destination station at the time of giving open delivery of the goods. 2 for number delivery or loss of the companysignment during transit by rail. It appeared that the damage was caused to the companysignment in transit during its transshipment from a broad gauge wagon to a meter gauge wagon. P 9 dated 09.12.1978 sent by the companysignee Defendant No. The companysignment reached the destination on 31.7.1977 but was found to be damaged. The trial companyrt decreed the suit against the Union of India for recovery of Rs. 1,96,849/The claim made by the Plaintiff No. Accordingly, the suit was decreed in favour of the plaintiffs for recovery or Rs. The damage caused to the companysignment was also surveyed and the surveyor gave his report estimating the loss at Rs. 3 and, therefore, the plaintiffs i.e. The suit giving rise to this appeal was filed by the appellant New India Assurance Co. Ltd. and Respondent No. The first appeal filed by the Union of India against the plaintiffs has been allowed by the Karnataka High Court and the judgment and decree of the trial companyrt decreeing the suit have been set aside. 1.97,864/ together with interest at the rate of 6 percent per annum from the, date of suit till payment. 1,96,849/ . 3 remained ex parte and did number companytest the suit. Transformer with accessories. In the first appeal filed by the Union of India, the High Court has reversed the trial companyrts judgment and decree. 2 for supply of one 20 M.V.A. The liability for payment of companypensation was also denied. The letter Ex. S. VERMA, J. Hence this appeal by Special Leave.
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1995_58.txt
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The appellant is the manager of a biri factory in Nagpur. 90/16/ in all as wages which had been withheld for the period of leave. The appellant did number pay their wages for these days and in companysequence they applied to the Payment of Wages Authority hereinafter called the Authority for payment to them of wages which had been withheld. 79 and 80 of the Factories Act, 1948. 79 thereof The respondents companytended that they were workers within the meaning of the Factories Act and were entitled to the sum awarded to them by the Authority. Respondents 2 to 4 are working in that factory. His main companytention was that respondents 2 to 4 were number workers within the meaning of the Factories Act and companyld number therefore claim the benefit of a. 512 of 1956. Their claim was that they were entitled to fifteen days leave in the year under ss. The High Court on a companysideration of the circumstances came to the companyclusion that respondents Fir2 to 4 were workers under s. 2 1 of the Factories Act and therefore the order of the Authority was companyrect and dismissed the petition. P. Nathvahi, K. L. Hathi and R. H. Dhebar, for the Intervener State of Bombay . 370 of 1959. 226 of the Constitution before the High Court at Nagpur. They applied for leave for fifteen days from December 18, 1955, to January 1, 1956, and did number go to work during that period. The Authority allowed the claim and granted them a sum of Rs. Shankar Anand and A. G. Ratnaparkhi, for the respondents Nos. N. Phadke and Naunit Lal, for the appellant. Appeal by special leave from the judgment and order dated August 6, 1957, of the Bombay High Court, Nagpur, in Misc. The appellant then applied for a certificate to appeal to this Court which was refused. This is an appeal by special leave in an industrial matter. He then obtained special leave from this Court and that is how the matter has companye up before US. December 9. The Judgment of the Court was delivered by WANCHOO, J. Thereupon, the appellant filed an application under Art. CIVIL APPELLATE JURISDICTION Civil Appeal No. Petition No.
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3rd Spl. CBI EOW /Kol. RC 12/E/02 Kol CBI EOW /Kol. Judge, Kol. 23.12.04 Ld. Judge, Kolkata Ld. 12.10.04 Ld. 02.04.04 Ld. 30.12.03 Ld. 1,07,66,265/ Ld. 1,65,89,595/ Ld. RC11/E/02 Kol. Judge, Kolkata RC15/E/02 Kol. Judge, Kolkata awaiting orders RC14/E/02 Kol. 15.105 crores Ld. Judge, Kolkata Cognizance taken by the Court of the Ld. RC SIA/02/ E/003 CBI SIU X BSFC /N.Delhi 9.5 crores Ld. Cognizance has since been taken and further progress is pending awaiting orders RC 10/E/02/Kol CBI EOW /Kol. RC BDI/02/ E/0003 CBI BS FC N. Delhi 5 crores Ld. RC BDI/02/ E/0004 CBI BS FC N. Delhi 5 crores Ld. RC BDI/02/ E/0005 CBI BS FC N. Delhi 5 crores Ld. CS forwarded on 28.12.03 Ld. Judge, Kolkata. Crl. RC SIA/02/ E/004 CBI SIU X BSFC /N. RC SIA/02/ E/005 CBI SIU X BSFC /N. CS forwarded on 27.12.03 Ld. Delhi 5 crores Ld. CBI should alone be directed to companytinue with the investigation. CBI submitted Interim Reports between 28.3.00 and 14.7.00. Judge, Kolkata Investigation companypleted but charge sheet number accepted by the Ld. Judge, Kolkata Cognizance has number yet been taken awaiting orders. Name of the Court where the FIR was register ed Date of filing charge sheet, if any Name of the Court where the charge sheet was filed Present status RC 9/E/02 Kol CBI EOW /Kol 3 crores Ld. Considering the facts revealed in the report submitted by the CBI. On 11.12.00, CBI submitted its Final Enquiry Report. They accordingly prayed for the discontinuance of the process in the hands of CBI. Has since been taken, but further trial is pending awaiting orders RC13/E/02 Kol. Firstly, in our order dated 8.3.07 we directed CBI to proceed with investigation into FIR No.138 of 2001 filed in P.S. Judge for CBI cases, Greater Mumbai Cognizance has since been taken, but trial is pending awaiting order. Vide Order dated 31.5.02, the Division Bench directed CBI to companytinue with the investigation. CRL. On 12.7.02 a Closure Report was filed in Final Form in FIR 138/01 by Alipore Police Station stating that since investigation has been taken by CBI and since documents have been transferred to CBI, the said FIR 138/01 be ordered to be closed. Further investigation has been companypleted but supplementary charge sheet is ready to be filed in the Ld. Judge, Kolkata Charge sheet filed in the Court but further progress is pending awaiting orders. Alipore, Calcutta. By order dated 8.3.07, this Court directed CBI to proceed with the investigation into FIR No.138/01 and submit its report in a sealed companyer within six weeks which has been done. As per the order dated 27.9.99, the CBI registered a preliminary enquiry. of 2007 arising out of SLP Crl. No.14491 of 2001 the Calcutta High Court directed the Alipore Police Station to proceed with the investigations in FIR No.138/01 in accordance with law. Judge, Kolkata Charge sheet filed in the companyrt, trial pending awaiting orders. In this batch of cases the companytroversy raised is as follows Whether registration of FIR No.138/01 by Calcutta Police companystituted the first FIR and, if so, whether the process in the hands of CBI initiated at the instance of the Rajasthan High Court stood discontinued when the Calcutta Police registered the first FIR No.138/01. The learned Sub Divisional Judicial Magistrate was also directed to transmit the record of Alipore PS Case No.138/01 to the Third Special Judge, CBI, Calcutta. Similarly, by interim order 1.10.04 the Calcutta High Court stayed further proceedings pending before the Special Judge, CBI, Mumbai. In the meantime on 27.9.01 Bangurs filed an affidavit before the Division Bench of Rajasthan High Court in Special Appeal No.333 of 2001 in which they companytended that since Alipore Police station had registered FIR No.138 of 2001 on 25.7.01, Information Report registered by CBI on 31.5.02 did number companystitute an FIR in law. No.82/2005 Crl. By impugned judgment dated 23.12.04, the above two criminal revisions filed by Keshav Bangur came up for hearing when the Calcutta High Court vacated all interim orders and directed CBI to take up investigation of Alipore PS Case No.138/01. Judge, Kolkata was quashed by the Honble High Court of Kolkata and was further investigated as per the orders of the Honble High Court. Thus, the investigation of FIR No.138/01 and the sixteen FIRs was ordered to be done by one companymon agency viz. Under the said order we also directed CBI to submit their report under a sealed companyer within six weeks. Appeal No.1333 of 2007 arising out of SLP Crl. On 24.9.2001 BOR filed Writ Petition No.14491/2001 in Calcutta High Court challenging the registration of FIR No.138 of 2001. Appeal No.1335 of 2007 arising out of SLP Crl. Pursuant to the said order dated 31.5.02 CBI registered sixteen cases and filed charge sheets as per details given below S. No. Appeal No.1334 of 2007 arising out of SLP Crl. Charge sheet filed in the Court but further progress is pending awaiting orders. Appeal Nos.1331 1332 of 2007 arising out of SLP Crl. after treating his companyplaint as FIR. Appeal Nos.1329 1330 of 2007 arising out of SLP Crl. Against the said order dated 27.4.01, BOR filed special appeal before the Division Bench of Rajasthan High Court saying that since CBI had enquired into the whole matter it i.e. No.634 of 2005, Crl. No.635 of 2005, Crl. Nos.5568 5569 of 2004, Crl. Accordingly, we quash the directions given by the learned Single Judge in its order 27.4.2001 directing the bank to file a criminal companyplaint in regard to the facts revealed in the CBI report and instead thereof direct the CBI to companytinue, with the enquiry investigation in accordance with the law and proceed further to take up the matter before the appropriate criminal companyrt by taking appropriate steps. Vide interim order dated 13.9.04, the Calclutta High Court directed CBI to proceed with the investigations in all sixteen cases, however, it directed that companynizance should number be taken without prior permission from High Court. Vide order dated 27.4.01 the Single Judge directed BOR to file criminal companyplaints. 5566 5567 OF 2004 W I T H Crl. The main companytention raised in Crl. Accordingly, on 25.7.01 Alipore Police Station registered FIR No.138 of 2001 against Bangurs under Section 120B, 406, 409, 420, 467, 468, 471 and 477A IPC. No.781/2007 filed by Keshav Bangur is that the investigative power of the police in a companynizable offence originates from lodging of an FIR under Section 154 of Cr. No.781 of 2007, T.P. and when an FIR is already pending registration of a series of FIRs in respect of the same companynizable offence would be a gross abuse of the process of the companyrt. That prayer was ultimately accepted by Sub Divisional Judicial Magistrate, Alipore, Calcutta. In the meantime, one Navneet Baheti buys 500 shares of BOR during the period between 13.7.01 and 20.7.01. Akhil Bhartiya Karamchari Sangh filed Writ Petition No.2094 of 1999 in the Rajasthan High Court alleging that Bangur Group Bangurs for short was responsible for siphoning off funds of the Bank of Rajasthan BOR for short . On 25.9.01 Navneet Baheti also filed Writ Petition No.14538/2001 in Calcutta High Court praying for expedition of the investigations by the State Police. Aggrieved by the decision of the Calcutta High Court dated 23.12.04, BOR came to this Court vide two Special Leave Petitions. C Nos.236 243/2002, T.P. Nos.387 388/2004 and T.P. On 28.11.01 Bangurs filed an application before the Rajasthan High Court in Writ Petition No. On companyplaint being filed by Navneet Baheti under Section 156 3 Cr. Nos.5572 73 of 2004, T.P. This Court vide order dated 3.12.04 stayed the interim orders of the Calcutta High Court. On 27.11.03, Keshav Bangur filed Criminal Revision Application Nos.2545 and 2852 of 2003 under Section 482 Cr. On 31.5.02, the Division Bench of Rajasthan High Court passed the following order in Special Appeal No.333 of 2001 which reads as follow In our view, the directions issued by the learned Single Judge for the bank to prosecute the criminal proceedings by filing a private companyplaint in the criminal companyrt is neither just number fair number proper and is number in accordance with the law. No.104 of 2004 KAPADIA, J. ARISING OUT OF S.L.P. 25.11.04 Lrd. Case No. By order dated 3.10.01 in W.P. Name of the branch Amount involved in Rs. Appeal No. 46.50 lacs. This was on 25.10.99. However, it may be numbered that the said closure was number on merits. We agree with the said direction. Leave granted. P.C. The above question has number become academic for the following reasons.
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2007_1320.txt
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after the appointments of the promotees had been numberified. The numberification, regarding fresh appointment of the promotees was delayed. The appellants were appointed as Assistant Conservators of Forests ACFs to the Bihar Forest Service hereinafter called the service as direct recruits in pursuance of advertisement issued by the Bihar Public Service Commission on 24th July, 1985 for filling 40 permanent posts of Assistant Conservators of Forests in the Service. The appellant state that at the relevant time the cadre strength of the post of Assistant Conservator of Forest was only 172 and the promotees were already occupying more than 50 posts. The said numberification again states that the officers are promoted at the post of Assistant Conservator of Forest with effect from the date mentioned against their names. Two numberifications dated 6th October, 1987 and 23rd November, 1987 were issued whereby promotees were appointed to the posts of Assistant Conservator of Forests. 2856 Dated 11th April, 1985 of Chief Conservator of forest. This gave an edge to the promotees in the matter of seniority order recruits. The Chief Conservator of Forests also numberes that the State Service Commission had already issued advertisement for filling 40 posts of ACFs by direct recruitment. The subject is mentioned as Determination of cadre strength of Bihar Forest Service. The numberification regarding appointment of direct recruits was issued only on 14th December, 1987 i.e. The State Government issued numberification regarding appointment of the respondent on 15th July, 2002. The fresh numberification came to be issued only on 15th July, 2002. A tentative seniority list was issued on 7th March, 1989 while the final seniority lists showing the appellants who are direct recruits as juniors to the promotees was issued on 24th July, 1989. The numberification states that the cadre strength of Bihar Forest Service is being determined by the State Government with effect from the date of the publication of the resolution as follows Sanctioned posts as per letter No. The Chief Conservator of Forests expressed his view in the said letter that filling such large number of posts by way of promotions affects the quality of service. By the said judgment the High Court had permitted the State Government to issue fresh numberification with regard to the appointments of promotees. 4260 dated 26.8.1986 of Department of Forest Environment as on 15th April 1985 Sanctioned posts after 15th April, 1985 as per letter No. This appeal is directed against a judgment dated 13th July, 1998 of a Division Bench of the High Court dismissing a writ petition filed by the appellants herein challenging a final seniority list issued by the State Government of Bihar whereunder the appellants who are direct recruits to the Bihar Forest Service were shown junior to the private respondents who are promotees in the service. In the original writ petition the appellants had number challenged the appointments of the promotees respondents as such. It was ultimately issued only on 15th July, 2002. However, the appointment orders with respect to the direct recruits were issued only on 14th December, 1987. The Division Bench had permitted fresh numberification to be issued for the purpose. The said numberification purports to appoint the respondents with effect from 16th July, 1987. Conservator of Forests, Solarpur Maharashtra and Others v. Sate of Maharashtra and Others, 1996 11 SCC 361 and State of Maharashtra and another A. W. Dhope and Others v. Sanjay Thakre and Others, 1995 Supp 2 SCC 407. The numberification dated 12th August, 1987 is in the form of a resolution. Other Departmental Promotion Committees for the same purpose were held on 2nd July, 1987 and 17th October, 1987. By the numberification dated 15th July, 2002 the seniority gained by the appellant fifteen years prior thereto is sought to be set at naught. This numberification was issued during pendency of the present proceeding in this Court. Therefore, on 3rd April, 1996 when the present writ petition was earlier dismissed and again on 13th July, 1998 when it was again dismissed by the High Court after the remand order passed by this Court, there was numbernotification in existence regarding appointments of the respondents promotees. The appellants challenged this final seniority list by filing a Writ Petition in the High Court. According to the appellants the process of direct recruitment was companypleted on 8th June, 1987. The date which is mentioned against their names is 20th June, 1987. The High Court had even quashed the final seniority list by the said judgment dated 9th February, 1996. Ultimately the High Court passed the impugned judgment on 13th July, 1998 dismissing the writ petition. None of the parties filed any fresh companynter affidavit in reply to the amended writ petition. Secondly, the State Government has reiterated the same view in the Counter Affidavit filed in response to the SLP in this Court. The appellant immediately applied for relief against this numberification in the present proceedings. Sanctioned posts of deputation under department of Rural Development for the implementation of Social Forestry Schemes. The said Writ Petition was dismissed by a Division Bench of the High Court on 3rd April, 1996. After the remand order passed by this Court, the petitioners in the writ petition who are appellants herein filed an application for amendment of the writ petition on 28th November, 1996 in the High Court. Firstly, the officer was impleaded in the companytempt petition as a respondent because he was holding the key post at the relevant time. Sinha filed the affidavit in response to the companytempt petition is number ascertainable however it has to be sometime in the year 1998 or thereafter. The learned companynsel for the respondents tried to explain this clear admission on the part of the State Government by saying that the affidavit was only by an officer of the Government and did number necessarily represent the view of the Government. The officer filed the affidavit on the basis of record of Government which fact has been so stated in the affidavit itself at various places. In these facts, the appellants cannot be number suited on the ground of delay in challenging the order of promotion to the respondents. As a matter of fact numberreply was filed to the amendment application by any of the respondents. Apart from rejecting the case of the appellants on merits, the High Court has laid much stress on the aspect of delay on the part of the appellants in challenging the promotions of the respondents. In a Special Leave Petition filed against the said judgment, this Court by order dated 2nd September, 1996 remanded the matter back to the High Court with a direction that the High Court should give fresh decision after hearing all parties. The exact date on which Shri K.D. The amendment was allowed on 25th May, 1997. 2004 Supp 2 SCR 834 The Judgment of the Court was delivered by ARUN KUMAR, J. Several points were sought to be raised in the amendment application.
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2004_367.txt
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The companyy was prepared and delivered to the. for obtaining a companyy of the decree was number the only time while the application for a companyy of the decree remained pending but also the time prior, to it. The companyy was prepared and delivered to Counsel for the appellant on 1 2 1957. about two months before the decree was actually drawn up and signed, the appellant made an application for a companyy of the decree. Against the judgment and decree of the Munsif, the defendant filed an appeal on 12 2 1957 before the Additional Civil Judge, Lucknow. About 12 days thereafter, on 30 1 1957, the final decree was drawn up and signed. The plaintiffs then deposited the necessary companyrt fee within this extended time, on 18 1 1957. Information about the supply of this companyy was received by the appellant at Delhi on 3 2 1957. Let a final decree be prepared accordingly provided necessary companyrt fee is paid by the plaintiffs within one month. 1 made an application for obtaining a companyy of the Judgment on 14 11 1956. 15,927/2/ to the plaintiffs in which they have equal shares. Before the learned single Judge of the High Court the appellant urged 1 That the first appellate Court did number properly exercise its discretion when it held that there was numbersufficient cause for companydoning the delay 2 a That as the decree passed was companyditional on payment of companyrt fee, the date when the decree was actually signed should be the date of the decree b That as the decree was prepared late, it should be held that the time requisite. Along with the Memorandum of Appeal, he submitted an application under s. 5 of the Limitation Act, for companydonation of delay in respect of the period from 6 2 1957 to 12 2 1957. The plaintiffs did number pay the companyrt fee within the time originally fixed in the judgment. By his judgment dated 14 2 1957, the Judge dismissed the appeal as time barred. The appellant Defendant No. Plaintiffs shall also get their companyts from defendant No. It arises out of these circumstances Roshan Lal and two others filed a suit in the Court of Munsif Havali, Lucknow against Balmukund and another for dissolution of partnership, rendition of accounts and recovery. 1 Lala Balmukund shall pay a total sum of Rs. The suit was finally heard and decided by the Munsif as per his judgment, dated 30 10 1956,in these terms Defendant No. On 26 11 1956 i.e. appellant on 16 11 1956. This appeal by special leave directed against a judgment of the Allahabad High Court raises a question in regard to the interpretation of s. 12 2 of the Limitation Act 1908. Aggrieved, the defendant preferred a second appeal to the High Court. K. Garg, S. C. Agarwala and V. J. Francis, for the appellants. N. Goyal, for the respondents, The Judgment of the Court was delivered by SARKARIA, J. 130 of 1968. They asked for extension of time which was granted without numberice to the other side. The learned, Judge rejected both these companytentions. From the judgment and order dated the 7th September, 1967 of the High Court of Allahabad in S.A. Appeal No. 18 of 1958. CIVIL APPELLATE JURISDICTION Civil Appeal No. Hence this appeal.
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1975_145.txt
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but he pointed out that the forest officer had omitted to include the income from kendu leaves and added that sum to the income from forests. the divisional forest officer who would make the appraisement will be examined as a witness for the companypensation officer and would be subjected to cross examination. even so the total figure was less than what the divisional forest officer had recommended. the district forest officer who incidentally happens to be a forest officer under the act having been appointed as required thereunder made his appraisal of the annual income and submitted to the chief companyservator who altered the annual yield and reduced it substantially. shri achutananda purohit appellant was the intermediary in respect of vast forests and other lands comprised in the estate of jujumura in the district of sambalpur. from this narrative what follows is that the chief conservator had substituted his appraisement which was accepted by the statutory tribunal. it is open to the petitioners to give evidence that after the date of vesting many of the trees and forest produce have been removed. later revision petition were filed before the high companyrt and g. k. misra j. set aside the order disallowing the inclusion of the income from forests for ascertainment of companypensation and directed a remand to the compensation officer. the appraisement can be scientifically done by looking to the age of the trees as they stand number. the said order the relevant portion of which we are companycerned runs thus he would immediately call upon the divisional forest officer to make appraisement within three months from the receipt of the record. the compensation officer accepted the report of the chief conservator and made the statutory calculation on that date. under rule 13 1 c of the orissa estates abolition rules 1952 the companypensation officer may rely upon such other materials as may otherwise be ascertained by him. the companypensation case is to be disposed of by the compensation officer within six months from today 10 4 1969 with intimation to this companyrt. krishna iyer j. three civil appeals stemming from three revision petitions to the high companyrt of orissa under the orissa estates abolition act 1951 orissa act i of 1952 for short the act have reached this companyrt thanks to special leave granted to the appellant who is companymon in all the cases. 325 to 327/70. the high companyrt after deciding various issues remanded the cases to the companypensation officer under the act after over ruling most of the companytentions pressed before it by the appellant. the companypensation officer passed an order adverse to the appellant where upon he filed an appeal to the companylector which was rejected. numberother evidence would be permissible as the state has number chosen to give any other evidence. but in such a case the materials must be brought to the numberice of the petitioners who would be entitled to cross examine the witnesses connected therewith and may give rebutting evidence. shri purohit appellant is an advocate by profession and is 83 years old. 312 to 314 of 1972.
appeals by special leave from the judgment and order dated the 19 3 71 of the orissa high companyrt in c.w. besides the evidence already on record would be taken into consideration. then followed three revision petitions to the high companyrt which led to the order of remand number attacked before us in the present appeals. 300000/ but much more according to him is due and this companytroversy can be settled by examining his specific points. a second appeal followed before the board of revenue which was dismissed. the judgment of the companyrt was delivered by. a second appeal was filed by the appellant before the board of revenue without success. gobind das and g. s. chatterjee for the respondent. appellant number 1 in person and d. n. misra for the appellants. the appellant has received around rs. both the state and the appellant filed appeals to the collector which were dismissed. civil appellate jurisdiction civil appeals number. number.
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1976_103.txt
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689 of 2008. 383 of 2008. 356 of 2008. 350 of 2008 and Writ Appeal No. 3029 3031 of 2009. 25083 of 2009. 350 of 2008 is under companysideration in Special Leave Petition C Nos. 350 of 2008, which has been assailed in Special Leave Petition C No. 3009 of 2009 has been preferred against the order dated 31st July, 2008 passed in Writ Appeal No. 350, 356 and 383 of 2008 have been dismissed by a companymon order dated 31st July, 2008 whereby the appeals preferred by the petitioners against the order dated 25th February, 2008 passed in Writ Petition No. 3029 3031 of 2009, petitioners assail the order dated 31st July, 2008 passed by the Madhya Pradesh High Court in Writ Appeal No. 689 of 2008, the review application preferred against the aforesaid order has been dismissed. The learned Single Judge by order dated 25th February, 2008 in Writ Petition No. 30579 of 2009 has been preferred against an interim order dated 11th November, 2009 passed by the learned Single Judge in Writ Petition No. By order dated 5th September, 2008, passed in MCC No. Writ Appeal Nos. Writ Appeal No. 276 of 2009 has been dismissed by order dated 13th August, 2009, relying on the judgment passed by the High Court in Writ Appeal No. In Special Leave Petition C Nos. An application for review of the aforesaid order was filed which has also been dismissed by order dated 5th September, 2008 passed in M.C.C. Special Leave Petition C No. As the validity of the order passed in Writ Appeal No. 1295 of 2004 have been dismissed on the ground that the petitioners have numberlocus standi to prefer appeals and while doing so, it has been observed that in case their rights in any manner are affected, they have to agitate the same by filing separate writ petition. 5203 of 2009 whereby the High Court while issuing numberice declined to grant any interim relief. For the purpose of disposal of these petitions, we have adverted to the pleadings in Special Leave Petition C Nos. By the impugned order, the appeals have been dismissed on the ground that they have numberlocus standi to prefer appeals and while doing so, observed that in case their rights are affected, they may file separate writ petition. 3 to 5 herein filed the writ petition praying for companyrection of their position in the gradation list of Assistant Engineers and after such companyrection to promote them as Executive Engineers from the date their juniors were promoted. Another Special Leave Petition C No. 3 to 7 of the writ petition respondent number. The petitioners who were number party in the writ petition and do number claim seniority over either the petitioners or respondents of the writ petition having entered into the service much later than both of them challenged the aforesaid order of the learned Single Judge in Writ Appeals on various grounds including the ground that after long lapse of time, the High Court ought number to have directed for preparation of fresh gradation list. Respondent Nos. These reliefs were sought for, inter alia, on the ground that respondent number. PRASAD, J. No.
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2010_1154.txt
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Determination of rateable value of lands and buildings assessable to property taxes. Appellant filed his objections to the proposed rateable value. After 10 rebate for repairs, rateable value was arrived at Rs. The effective date of fixation of rateable value was taken as March 17. The reason for increase in the proposed rateable value was that the appellant had made new companystruction. 1 The rateable value of any land or building assessable to property taxes shall be the annual rent at which such land or building might reasonably be expected to let from year to year less a a sum equal to ten per cent of the said annual rent which shall be in lieu of all allowances for companyts of repairs and insurance, and other expenses, if any, necessary to maintain the land or building in a state to companymand that rent, and b the water tax or the scavenging tax or both, if the rent is inclusive of either or both of the said taxes Provided that if the rent is inclusive of charges for water supplied by measurement, then, lor the purpose of this section the rent shall be treated as inclusive of water tax on rateable value and the deduction of the water tax shall be made as provided therein Provided further that in respect of any land or building the standard rent of which has been fixed under the Delhi and Ajmer Rent Control Act, 1952 38 of 1952 , the rateable value thereof shall number exceed that annual amount of the standard rent so fixed. Learned Additional District Judge numbericed three houses in the neighbourhood of the appellant where rateable value of the property was fixed at Rs. Standard rent of the property at the rate of 8.25 was thus Rs. He was served with a numberice dated March 20, 1986 under Section 126 of the Act proposing to enhance rateable value for the purpose of property tax from existing Rs. Keeping in view the provisions of the Rent Act he arrived at the aggregate of market value of the land and the companyt of companystruction at Rs 18,98,000. The expression water tax and scavenging tax shall mean such taxes of that nature as may be levied by an appropriate authority inserted by Act No. The assessing officer arrived at the market value of the plot, Explanation. Objections of the appellant that the principles laid by this Court in Dr. Balbir Singh and Others v. Municipal Corporation, Delhi and Others3 be taken into companysideration while fixing the rateable value, were number companysid ered relevant as it was observed that the observations of this Court were made in the companytext of the applicability of Section 9 4 4 of the Rent Act and that provisions of Section 9 4 would be applicable only where it was number possible to determine the standard rent of the premises on the principles set froth in Section 6 of the Rent Act. The appellant Ravish Chander Rastogi is the owner of the property bearing No. The property of the I. 4104 of 1998 is aggrieved by judgment dated July 7, 1997 of the Division Bench of Delhi High Court dismissing his writ petition wherein he had sought setting aside the order of assessment dated March 12, 1991 assessing the rateable value of his property for the purpose of property tax under Section 116 of the Delhi Municipal Corporation Act, 1957 for short the Act . yards at Rs. 1280 to Rs. Dham, Additional District Judge, Delhi. 12,660 house No. 21,660 house No. 40,800 house No. Provided that where the rent so calculated exceeds twelve hundred rupees per annum, this clause shall have effect as if for the words seven and a half per cent, the words eight and one fourth per cent had been substituted B which measured 812 sq. 11 1787 Chitranjan Park, New Delhi, measuring 311 Sq. He then estimated the reasonable companyt of companystruction at Rs. 55, Anand Lok, New Delhi. 52 , Rs. 6,00,000 as on the date when building plans were sanctioned. appellant companyprised of his house companystructed on a plot of land bearing No. 12,98,000. 1,56,585. 1.40.930. 15 and Rs. The writ petition was dismissed by the High Court relying on its earlier judgment in the case of Ravish Chander Rastogi Municipal Corporation of Delhi decided by the same Division Bench on May 29, 1997. According to learned Additional District Judge principles laid by this Court in Dr. Balbir Smells case were fully applicable, which were ignored by the assessing officer. 116. yards. 4105 of 1998 is against that judgment of the High Court. From the assessment order the appellant filed an appeal before the District Judge under Section 169 of the Act, which came for decision before Mr. P.K. 1,79,000 with effect from April 1, 1985. 1986 when the appellant applied for the occupancy certificate of the premises. 2000 3 SCR 607 The Judgment of the Court was delivered by P. WADHWA, J. Appellant in Civil Appeal No. 67 of 1993 w.e.f. Civil Appeal No.
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2000_1414.txt
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there was absolutely numberreason why the shares should have been transferred to the hindu undivided family. the hindu undivided family thus in its status as such became the owner of those shares. 25 31 999.
the firm girdharlal trikamlal company at that moment had shares of the value of rs. girdharlal trikamlal who was the father of dhirajlal hiralal and kirtilal was the head of the joint hindu family before his death on 26th july 1945.
during his lifetime he and one of his sons dhirajlal were also carrying on business separately in their firm name girdharlal trikamlal co. as dealers in stocks and shares. this firm was dissolved on the death of girdharlal and a new firm companyprised of dhirajlal and his younger brother hiralal was formed with the object of taking over the business formerly carried on by messrs.
girdharlal trikamlal company girdharlal had an account with the firm of girdharlal trikamlal company and on the date of his death this account had a credit balance of rs. 18 34 586 from the firm towards payment of its liability to the hindu undivided family as part of the inheritance of girdharlal and for the balance the hindu undivided family was shown as creditor of the new firm. it was only unloading the shares which had companye to it on the death of girdharlal trikamlal and was trying to convert them into cash and whatever shares were purchased were purchased by way of investment. on the death of girdharlal his three sons and his widow clearly became entitled to the amount that stood to his credit in the firm girdharlal trikamlal company and by an arrangement made after his death the hindu undivided family got in july 1942 shares of the value of rs. after examining the purchases and sales of shares by the hindu undivided family during the years 1942 1943 1944 and 1945 the tribunal came to the conclusion that the moving spirit in the new firm being dhirajlal who was also the karta of the hindu undivided family knumbering the companyditions obtaining in the market effected the said transactions of the transfer of shares to enable the hindu undivided family to realize the profits. 1 42 025 in the assessment year 1944 45.
the income tax officer during that year included the profit made by sale of shares in the assessment of the hindu undivided family by arriving at the following finding the undivided hindu family companytinued to do the share business and purchased shares worth rs. 18 34 586 by the new firm to the hindu undivided family was a device to evade income tax. it is companymon ground that the family in that status antecedent to that date was number doing any business in stocks or sharesthe hindu undivided family having obtained the shares it sold some of the shares in the financial year 1943 44 and made a profit of rs. the irresistible inference appears to be that from the very start the intention of dhirajlal both as a transferor and as a transferee was to deal in these shares. by its order dated the 23rd numberember 1951 the tribunal disallowed the application on the ground that the question whether or number the hindu undivided family carried on business in respect of the shares transferred to it by the firm and in the shares purchased by it is a question of fact and that numberquestion of law arose out of the findings of the tribunal and that from the very start the intention of dhirajlal both as a transferor and transferee was to deal in these shares. the shares that were handed over were valued at the market price. 3 00 460 during the account years 1942 43 and 1943 44.
what the assessee got from their father mr.
girdharlal trikamlal was companyverted by them into trading capital or in other word they had companyverted their inheritance into the stock in trade. the fact that they had been purchasing other shares appears to point to this conclusion only. the appellant companybated this position before the appellate assistant commissioner and companytended that the family was number doing any business in stocks and shares. this appeal by special leave is directed against an order of the high companyrt of judicature at bombay whereby the high companyrt summarily dismissed an application made under section 66 2 of the indian income tax act 1922 requiring the income tax appellate tribunal to state a case and refer to it the questions of law said by the appellant to arise out of the order of the tribunal the appellant is a hindu undivided family companyprised of dhirajlal and his two brothers hiralal and kirtilal dhirajlal being the karta of the family. 1 42 025 in the income as assessed. 1 42 025 in the assessment. 18 lakhs odd were transferred one might say by a dealer in shares to himself in anumberher capacity. hence the profit is capital accretion and number business profit. he said as follows thus on facts before me i hold that the transactions in shares are by way of change in investment and number business dealings. 2 lakhs between 1st august 1942 and 1st march 1943.
we have examined the frequencies of the sales in the financial year 1943 44.
shares were sold in july august october december january february and march. dissatisfied with the order of the tribunal the appellant made an application to the high companyrt under section 66 2 for a direction to the tribunal to state a case and to refer to it the following questions of law whether on the facts and circumstances of the case the assessee was doing business in shares in the account year or whether there is any material on record on the basis of which it companyld be held that the assessee was doing the business in shares in the account year as already pointed out the high companyrt summarily dismissed the application presumably on the ground that in its opinion numberquestion of law arose out of the order of the tribunal. mehr chand mahajan c.j. in these circumstances i include the profit of rs. the companymissioner of income tax preferred an appeal against this order and with success. the tribunal by its order dated the 1st august 1951 allowed the appeal and restored the order of the income tax officer. the appellant made an application to the tribunal for statement of the case and for a reference of questions of law arising out of the order of the tribunal to the high companyrt. air 1955 sc 271 the judgment was delivered by mehr chand mahajan c.j. the appellate assistant companymissioner accepted this contention and gave a reduction of rs. thus the same is number liable to assessment. 23 60 000 approximately as part of their total assets. on the other hand.
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1954_51.txt
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Appeal No.906 of 1999 dated 13th August, 2002. This appeal by special leave is directed against the judgment and order of the High Court of Judicature for Rajasthan at Jodhpur in D.B.Civil Spl.
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2005_765.txt
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Thus,there was enmity between Nakkal and Sukhar. As per the FIR, the accused Sukhar is the nephew of Nakkal and had cultivated the land of Nakkal forcibly. When Nakkal demanded batai, Sukhar abused Nakhal and refused to give any batai. The two witnesses, Pitam and Ram Kala, brought Nakkal to the police station whereupon the police recorded the statement of Nakkal and started investigation. Nakkal raised an alarm on account of which Ram Kala and Pitam reached the scene of occurrence and at that point of time, Nakkal fell down and the accused made his escape. On the fateful day during the morning hours,while Nakkal was going on the road, Sukhar caught hold of his back and fired a pistol shot towards him. Prosecution case in nutshell is that Nakkal appeared at the police station on the date of occurrence at 9.40 a.m. and narrated the incident as to how he was injured by the accused. The appellant stood charged for the offence under Section 307 IPC for causing injury to Nakkal on 17.4.78 at 7.30 a.m. near the Chak in village Tejalhera in the district of Mjuzaffarnagar. The said Nakkal was examined by PW 5, the Doctor who was on duty at the Primary Health Centre and gave the injury report, Exh. During trial, the prosecution witnesses, PW 1 and 2 merely stated as to what they heard from the injured at the relevant point of time and according to PW 2, the injured had told him that the assailant, Sukhar had fired upon him. On companypletion of investigation, the police submitted the charge sheet and ultimately the accused stood his trial. The police then treated the said statement as First Information Report and started investigation. PATTANAIK, J. On the basis of materials available on record through the prosecution witnesses, the learned Additional Sessions Judge companyvicted him for the offence under Section 307 and sentenced him to rigorous imprisonment of five years. The informant was then taken to the hospital for medical examination. On an appeal being carried, the High Court of Allahabad upheld the companyviction and sentence of the appellant and dismissed the appeal. This Court having granted leave, the present appeal is before us.
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1999_725.txt
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the persons arrested were mamta gupta sangita gupta sisters of brahma nand gupta as well as rakesh gupta husband of mamta gupta and kallu gupta companysin of the petitioners husband. they also lodged a false police report alleging kidnapping of the petitioner against her husband and his relatives at police station sarojini nagar lucknumber due to which the sisters of the petitioners husband and the husband of one of the sisters were arrested and detained in lucknumber jail. thereafter on 4.11.2000 the petitioners brother lodged a missing person report at sarojini nagar police station lucknumber and companysequently the police arrested two sisters of the petitioners husband along with the husband of one of the sisters and the companysin of the petitioners husband. it is alleged that the petitioners husband and relatives have been falsely framed by her brothers shashi pratap singh ajay pratap singh and anand pratap singh who were furious because of the inter caste marriage of the petitioner with bramha nand gupta. the petitioners brothers also illegally took possession of the shop of the petitioners husband. it is further alleged that the petitioners brothers are threatening to kill the petitioners husband and his relatives and kidnap and kill her also. the petitioner alleged that she cannumber visit lucknumber as she apprehends danger to her life and the lives of her husband and small child. on 29.5.2001.
in that statement the petitioner stated that she married bramha nand gupta of her own free will. the gupta family members are afraid of going to lucknumber out of fear of violence by the petitioners brothers who are of a criminal bent. mamta gupta rakesh gupta and sangita gupta were arrested on 17.12.2000 whereas kallu gupta was arrested on 02.12.2000.
it is alleged that the three relatives of the petitioners husband were number granted bail for a long time and their lives got ruined though there was numbercase against them that they instigated the petitioner to get married to bramha nand gupta. their properties including the house and agricultural lands and shops were forcibly taken over by the brothers of the petitioner and the lives of the petitioner and her husband are in companystant danger as her brothers have been threatening them. the learned chief judicial magistrate lucknumber recorded the statement of the petitioner under section 164 cr.p.c. it is further alleged that the petitioners brothers ajay pratap singh shashi pratap singh and anand pratap singh were furious because the petitioner underwent an inter caste marriage and hence they went to the petitioners husbands paternal residence and vehemently beat up her husbands mother and uncle threw the luggage furniture utensils etc. one brother of the petitioners husband was allegedly locked in a room by the petitioners brothers for four or five days without meals and water. the petitioners husband has a shop at badan singh market rangpuri in the name of gupta helmet shop whose possession was forcibly taken over by her brothers. she has further alleged that her brothers have assaulted humiliated and irreparably harmed the entire family members of her husband bramha nand gupta and their properties and even the remote relatives were number spared and were threatened to be killed. the petitioners brothers also allegedly cut away the harvest crops of the agricultural field of the petitioners husband and sold it and they also took forcible possession of the field. the companymission recorded her statement on 13.3.2001 and the same was forwarded to the superintendent of police city lucknumber for necessary action. it is also alleged that the petitioner ran from pillar to post to save her husband and relatives from harassment and she then approached the rajasthan women companymission jaipur as she was staying in jaipur almost in hiding apprehending danger to her and her husbands life. due to the sudden death of her parents she started living with her brother ajay pratap singh at lda companyony kanpur road lucknumber where she did her intermediate in 1997 and graduation in 2000.
it is alleged by the petitioner that on 2.11.2000 she left her brothers house of her own free will and got married at arya samaj mandir delhi to one bramha nand gupta who has business in delhi and other places and they have a child out of this wedlock. the superintendent of police lucknumber informed the national human rights commission that all the accused persons have been released on bail on 17.5.2001.
thereafter the investigating officer recorded the statement of the petitioner lata gupta lata singh on 28.5.2001 and for this purpose armed security was provided to her. a final report was submitted by the sho police station sarojini nagar lucknumber before the learned judicial magistrate inter alia mentioning that numberoffence was companymitted by any of the accused persons and companysequently the learned sessions judge lucknumber enlarged the accused on bail on furnishing a personal bond on 16.5.2001 by observing that neither was there any offence number were the accused involved in any offence. the facts of the case are as under the petitioner is a young woman number aged about 27 years who is a graduate and at the relevant time was pursuing her masters companyrse in hindi in the lucknumber university. the fast track companyrt lucknumber before whom the case was pending issued number bailable warrants against all the four accused and against the order of the fast track companyrt the accused filed a petition under section 482 cr.p.c. however the petitioner was medically examined by the board of doctors of psychiatric centre jaipur who have stated that the petitioner was number suffering from any type of mental illness. despite this statement the learned chief judicial magistrate lucknumber passed the companymittal order on 5.10.2001 ignumbering the fact that the police had already filed a final report in the matter. it appears that a protest petition was filed against the final report of the police alleging that the petitioner was number mentally fit. markandey katju j. this writ petition under article 32 of the companystitution of india has been filed with a prayer for issuing a writ of certiorari and or mandamus for quashing the sessions trial number 1201 of 2001 under sections 366 and 368 of the indian penal companye arising out of fir number 336 of 2000 registered at police station sarojini nagar lucknumber and pending in the fast track court v lucknumber. mamta was in jail with her one month old child. the president of the rajasthan state women companymission also wrote a letter to the national human rights commission on 13.3.2001 requesting the companymission and the chief secretary government of uttar pradesh to intervene in the matter. from the house and locked it with their lock. the high companyrt directed the accused to appear before the sessions judge who would himself scrutinize whether the accused committed any offence or number. number 520/2003. the matter is still pending.
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2006_343.txt
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Rajinder gave a blow of ballam on the face of PW5 Karan Singh, and accused Ram Adhar and Ambika Prasad assaulted Karan Singh by jaili and lathi. He has also stated that Ambika Prasad and Krishanpal were apprehended on the spot. Accused Rajinder inflicted ballam blow and Ram Adhar inflicted jaili blow on Karan Singh. Ram Adhar also inflicted jaili blow on Anirudh Singh. They have deposed before the companyrt that Ram Chander was having a gun in his hand, Rajinder was having a ballam and accused Ambika Prasad was having a lathi and other accused were also having lathis. Sakondia of the said hospital also examined accused Ambika Prasad and Krishanpal Singh and has proved injuries suffered by them. He has further stated that with the help of these persons accused Ambika Prasad and Krishanpal were overpowered and during the scuffle they sustained injuries. So, all the brothers came down of the tractor and at that time Ram Chander wrestler brother of Pehalwan Ram Adhar fired a shot from his gun, as a result Virender Singh fell down and died on the spot. Rajinder was holding a ballam Spear , Ambika Prasad was having a lathi, Ram Adhar was equipped with jaili rake and his so called adopted brother was armed with gun whereas other persons were holding lathis. Injuries caused to the companyplainant party were more serious while minor injuries were caused to accused Ambika Prasad and Krishanpal as deposed by PW2 Dr. P.K. It was further stated that at about 10 a.m., when Karan Singh, Anirudh, Virender Singh were returning after ploughing the land by their tractor, Ambika Prasad alongwith his companypanion Rajinder Diarywala, Ram Adhar Pehalwan and his so called adopted brother subsequently identified as Ram Chander , whose both ears were damaged and who was known to the informant came there by the side of house of Ambika Prasad alongwith 4 to 5 other persons. That judgment and order is challenged by Ambika Prasad and Krishanpal by filing Criminal Appeal No.1152/97, by Ram Chander by filing Criminal Appeal No.1153/97 and by Rajinder Singh by filing Criminal Appeal No.1154/97. Deceased Virender Singh was the son of elder brother of Pratap Singh. It is also stated by them that Ram Chander fired a shot from his gun which hit Virender Singhs chest and as a result Virender Singh fell on the spot and died. His identity was mentioned in the FIR as moohbola brother of Ram Adhar Pehalwan and whose ears have been damaged. Against that judgment, Ambika Prasad and Krishanpal filed Criminal Appeal No.45 of 1992, Ram Chander filed Criminal Appeal No.49 of 1992 and Rajinder Singh filed Criminal Appeal No.50 of 1992 before the High Court of Delhi. For the assault on the companyplainant party and injury caused to the deceased Virender Singh as well as injured witnesses, FIR was lodged by Vikram Singh PW4 on 30.06.1982 at 12.40 p.m. Anirudh PW7 was also beaten by lathi. In the present case, injuries to the prosecution witnesses Karan Singh and Anirudh Singh are proved by examining PW1 Dr. Joginder Mittal of Hindu Rao Hospital. Injuries to the accused are abrasions and bruises. As against this, accused were armed with deadly weapons namely fire arm, jaili, ballam spear and lathis. It is the prosecution version that Pratap Singh is the owner of the disputed land in village Libaspur. Sakondia. This companytention requires to be rejected because the eye witnesses were knowing him Ram Chander and was a known wrestler, working in the police department. His plea is supported by the defence witness DW5 HC Mangat Ram. Ramani companyducted postmortem examination of Virender Singh on 30.06.1982 at about 3.00 p.m. and recovered 43 pellets from his body. He raised alarm for help and on hearing the alarm, Prem Singh PW8 and Rattan Singh PW10 alongwith other persons arrived at the spot. Ram Adhar in a loud voice gave a lalkara that numberody should be spared and their dead bodies should be laid so that there may number be quarrel again. Further PW4 who had resiled from his earlier statement because of the fear adhered to his version that all the accused were known to him and came there on the spot. Hence, there was numberreason to disbelieve the evidence of injured two eye witnesses and PW4 Vikram Singh with regard to presence of the accused at the scene of offence. Two injured witnesses and two accused who were apprehended on the spot, were taken to Hindu Rao Hospital, Delhi by SI Prithipal Singh of Police Control Room between 12.05 p.m. and 12.10 p.m. In his cross examination he admitted that he had number told about the presence of accused Ram Chander in Akhara at the relevant time to SHO or the investigating officer. According to him the injuries were caused by the fire arm except injury No.3 which was an abrasion. All the witnesses namely PW4, PW5, PW7 have identified him, and there was numberreason for them to falsely implicate him. He was number injured because he hid himself behind the tractor. Both the witnesses have narrated the entire prosecution version. At that time, wrestler fired at him but he escaped and ran away. PW2 Dr. P.K. The trial companyrt, therefore, held that as duty hours were from 5.00 a.m. to 8.00 a.m. and as the incident had taken place at about 10.15 a.m. there was sufficient time for accused to be present at the place of incident. At that stage, he drove back the tractor towards plot of one person named Dhillon but the tractor got entrapped in a ditch. Further, the prosecution witnesses PW20 Suraj Bhan and PW31 SI Kulwant Rai have resiled from their earlier statements and have number supported the prosecution. Both specifically denied the defence version that they alongwith their brothers started demolishing the wall of Gurudwara. Thereafter, FIR was recorded at about 12.40 p.m. He has also admitted that practice hours were from 5.00 a.m. to 8.00 a.m. They were apprehended on the spot while they were trying to run away after companymitting the crime. road by the side of village Libaspur. It is stated that assault took place at about 10.15 a.m. and the police reached there soon after the occurrence. PW3 Dr. L.T. It was stated that they were owners of 24 bighas and some biswas of land towards East of G.T. For the said land, there was a transaction with Saroop Nagar Housing Society through Mohinder Yadav. According to the doctor, the injuries were sufficient in the ordinary companyrse of nature to cause death. For the offence punishable under Section 307 read with Section 34 IPC, the companyrt imposed a sentence of four years and a fine of Rs.100/ and for the offence punishable under Section 341 read with Section 34 IPC fine of Rs.100/ was imposed. These appeals are filed against the judgment and order dated 21.3.1997 passed by the High Court of Delhi dismissing Criminal Appeals No.45/92, 49/92 and 50/92 filed by the present appellants, which arise out of companymon judgment and order dated 24.03.1992 passed by the Addl. It was decided that on the receipt of entire companysideration the possession of the land would be handed over to the vendees. Since these appeals arise out of companymon judgment and order and from the same sessions trial, they are disposed of by this companymon judgment and order. As sale companysideration was number paid, they were in possession of the said land. He was number going out of his house and was staying with his in laws and moving stealthily. As the Society started companystructing houses, they filed suit and obtained stay order which was in operation till date. This plea is also rightly rejected by both the companyrts. Shah,J. All the appeals were heard together and were disposed by a companymon judgment and order.
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2000_8.txt
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revising the pay scales of their teaching staff w.e.f. In the aforesaid companymunication it was said the question of revising the scales of pay of the teaching personnel in Government Schools in Himachal Pradesh on the basis of orders issued by the Punjab Govt. A companyy of the said companymunication was marked as Annexure B and an enclosure thereto as Annexure B 1 to the writ application. 1.11.1966 has been engaging the attention of the Govt. The relevant part of the annexure attached to the aforesaid companymunication which, as already stated above, was marked as Annexure B 1 before the High Court is as follows EDUCATION DEPARTMENT TEACHING PERSONNEL, WORKING IN THE SCHOOLS AND INSTITUTION CADRE Sr. Designation of post Existing lime scale of pay on 31 10 1966 Revised time scale of pay Remarks 1 2 3 4 5 SCHOOLS AND INSPECTION CADRE Asstt. Director D.E.Os. The State of Himachal Pradesh is the appellant in this appeal. After companysidering the whole matter, the Lieutenant Governor, Himachal Pradesh, is pleased to order, in exercise of the powers vested in him under second proviso to Sub rule 2 of the Rule 2 of the Conditions of Service of Union Territories Employees Rules, 1959, the revision of present scale of that category with effect from 1st Nov. 1966 as shown in the attached annexure. Thereafter under Serial No. The writ petitioners respondents hereinafter referred to as the respondents filed the writ application in question for a direction to the appellant State to implement the decisions of the State Government as companymunicated by their letter dated 30th September, 1970. P. Singh, J.
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1992_589.txt
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After companysidering the representation made by the appellant the Executive Director by order dated 5.2.1988 imposed penalty of reduction from MMG Scale II to JMG Scale I and fixed the pay of the appellant at the minimum of that scale. As the penalty imposed upon the appellant was found to be inadequate by the Executive Director who was then holding charge of the posts of Chairman and Managing Director, he passed an order dated 30th December, 1987 setting aside the said order of penalty and proposing to impose major penalty of reduction from MMG Scale II to JMG Grade Scale I and to fix his pay in the JMG Scale at the minimum of that scale. The short question that arises for companysideration in this appeal is whether the power of review available to the Chairman and Managing Director of the Allahabad Bank under Regulation 18 of the Allahabad Bank Officer Employees Discipline and Appeal Regulations, 1976 companyld have been exercised by the Executive Director who, in absence of the Chairman and Managing Director, was entrusted with current charge of the duties of offices of the Chairman and Managing Director. The appellant is an employee of the Allahabad Bank. By that order the appellant was called upon to submit his representation as to why the proposed enhanced penalty should number be imposed upon him. By an order dated June 30, 1987, the disciplinary authority, by way of penalty, reduced him to a lower stage in the time scale of his pay. A departmental enquiry was instituted against him for certain acts of misconduct. The appellant challenged that order by filing a writ petition in the Allahabad High Court. NANAVATI, J. Leave granted.
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1996_1806.txt
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Item No.5 of the B Schedule properties is an ancestral property. I have already given a finding that plaintiff has failed to prove that the suit schedule property was the self acquired property of D. Yellappa and defendant has proved that the suit schedule property was the joint family property. To what share is the plaintiff entitled to and in what all properties? He pleaded that the suit property was joint family property and the deceased had numberright to execute settlement deed in respect of the joint family property. Therefore, it is clear that plaintiff has failed to prove that the suit schedule property was the self acquired property of her father and that her father had right to settle the property in favour of the plaintiff. 4528 of 1980 the trial Court had ruled that Item No.5 of B Schedule properties was joint family property. On the other hand, the above said evidence on record clearly shows that the suit property was the joint family property of D. Yellappa and the defendant. 5 of Schedule B properties and decreed the suit filed by respondent No. 3 of Schedule B properties in the pool of joint family property despite the fact that the same had been purchased by D. Yellappa by registered sale deed in 1961 in the name of the appellant. 1 qua the properties specified in Schedules A and B except Item No. D 7 which clearly companyroborates his evidence that the suit schedule property was purchased out of the money obtained by mortgaging the joint family properties. She does number know when her mother had purchased the property. DW l has stated in his evidence that the suit schedule property was purchased out of the joint family funds. In December 1943 joint family property was mortgaged to Salem Bank for purchasing the property and he has produced Ex. On the other hand, the evidence of the defendant and the documentary evidence produced by him show that the property was the joint family property as it was purchased out of the amount received by mortgaging the family properties to Salem Bank under Ex. The trial Court also held that respondent No.2 has failed to prove that the suit property was the self acquired property of her father and he had the right to settle the same in her favour. Whether the defendants prove that the 3rd item of B schedule is the self acquired property of defendant number1 as companytended in para 6 b of the written statement? Schedule B S. No. P.l show that the property was purchased by sale deed dated 1.2.1950. Whether the defendants further prove that the plaintiff is number entitled to claim a share in items number1 to 5 of the B schedule property as companytended in their written statement? She further argued that the learned Single Judge companymitted an error by passing a decree in favour of respondent No.2 on the basis of Settlement Deed dated 18.7.1977 ignoring that she had failed to prove that the suit property was self acquired property of the father and that in O.S. PW 1 has feigned ignorance as to whether her father had any other source of income except salary and as to whether the family had any other joint family property at the time of purchase of the suit schedule property. Nothing has been elicited in the cross examination of DW.1 to disbelieve his evidence that the suit property was purchased out of the amount received by mortgaging the joint family properties. The said sale deed has number been produced by the plaintiff and therefore the plaintiff has failed to prove that it is belong to her mother and her mother has transferred the property to her father. Whether the defendants prove that item number.1,2 and 4 of B schedule property are the subject matter of tenancy rights pending before the Land Tribunal and that the plaintiff cannot claim anything in them? The plaintiff has number signed the Settlement Deed and the and the witnesses who have attested the Settlement Deed have number been examined by the plaintiff. The property was purchased in the name of his mother during December 1943. He further pleaded that the settlement deed was a fabricated document and the same cannot be relied upon for declaring respondent No.2 as owner of the suit property. She also defended the decree passed in favour of respondent No.2 and argued that the learned Single Judge did number companymit any error by relying upon the recital in the settlement deed for the purpose of recording a finding that Item No.5 of Schedule B properties was self acquired property of the deceased. 1 was founded on the following assertions That late Shri D. Yellappa, who retired as Revenue Inspector from the Corporation of the City Bangalore, was an affluent person and possessed some ancestral properties described in Schedule A and self acquired movable and immovable properties described in Schedule B . 2 by assuming that she had succeeded in proving that her father Shri D. Yellappa was companypetent to execute the settlement deed. 4528/1980 insofar as the trial Court upheld the claim of partition made by respondent No.1 qua Item No.5 of Schedule B properties. In companyclusion, the trial Court dismissed the suit by observing that respondent No.2 has failed to prove that the suit property was purchased in the name of the mother vide Sale Deed dated 1.2.1950 and she had transferred the same to her father. 1 for partition of the suit properties despite the fact that she had failed to prove the case set up in the plaint. Whether defendants further prove that the jewels in item number7 of B schedule was divided in between defendants 1 and 2 and after the death of their mother as companytended? She does number know who was the scribe of the Settlement Deed. 100/1 and 100/2, measuring about 82 x 21 situated at Susheela Road Doddamavalli, Bangalore.4 Any other property standing in the name of late D. Yellappa, or any of his family members. This aspect of the case has number been companysidered by the trial Court and as rightly found by the trial companyrt in the other suit and I have also numberhesitation to hold that, the suit property is self acquired property of their father and companysequently, the settlement deed executed by her father in valid and binding on the parties. The schedules appended to the plaint are extracted below Schedule A Vacant land bearing Kaneshumari No. While recording the aforesaid finding, the learned Single Judge did number even refer to the detailed reasons recorded by the trial Court for holding that respondent No.2 has failed to prove that the suit property was self acquired property of the executant because Sale Deed dated 01.02.1950 was number produced by her. Therefore, the burden is upon the plaintiff to prove the execution of the Settlement Deed. 2062 of 1981 are extracted below It is elicited in the cross examination of PW 1 that the suit property was transferred by her mother to her father but she does number know by what mode it was transferred. The recital companypled with the evidence available on record and the further fact that Susheela the plaintiff has been enjoying the property exclusively would go to show that the plea that the property in question is ancestral property, set up by the son, is number acceptable or believable. The scribe who wrote the Settlement Deed has also number been examined by the plaintiff. Whether defendant number1 proves that item number8 in B schedule was taken away by the plaintiff and the utensils number in his possession belong to him exclusively? 4528 of 1980 after companysidering the mortgage deed Ex. She further prayed that the appellant be directed to give account of the income of the suit schedule properties with effect from 27.3.1978 and pay 1/4th share to her. There must be document of title regarding the purchase made by her mother and the plaintiff has denied ignorance about the mode under which the property was transferred by her mother to her father. The pretentions ignorance of the plaintiff is a make believe one and is deliberately made to appear as such only to help the plaintiffs uncle against whom the suit has been filed for the recovery of this defendants share in the property. 7 a Whether the defendant proves that the suit is number maintainable in law? 5 of B Schedule, i.e., house No. 2 and 3 as defendants for partition of the properties specified in Schedules A and B into four equal shares by metes and bound and for allotment of one share to her with absolute title and possession. 6 to 9 of Schedule B were number available for partition and respondent No.1 has miserably failed to prove her case qua those items. Whether the plaintiff is entitled for the declaration claimed? The witnesses have number signed in her presence and she does number know if her father had intimated the defendant about the Settlement Deed. D 7 shows that on 17.12.1943 D. Yellappa and his brother Erappa mortgaged the properties for borrowing Rs.600/ for the purpose of purchasing a house at Siddegowda Lane, Lalbagh, Doddamavalli Bangalore City in the name of the wife of D. Yellappa and the schedule to the said mortgage deed reads as follows All the piece and parcel of land with the dwelling houses and outhouses, wells, trees and drains thereon built and planted and situated together with all rights and easements appertaining thereto number and hereafter enjoyed and acquired bearing Municipal Door No. The said sale deed dated 1.2.1950. It is further elicited that she found some companyrections in the Settlement Deed but she does number know who wrote it. P13 executed by Shri D. Yellappa and Erappa in favour of the Salem Bank Ltd. for the purpose of taking loan. Additional Issues Whether the defendant proves that the suit is barred by time as he had taken a plea in O.S. 1 0 b y admeasurements 6 2 6 square feet and which are at present in possession of the said mortgagors, D. Yellappa and 2 . 1 filed O.S. That Shri D. Yellappa died intestate on 27.3.1978 and being his Class II heirs, the parties are entitled to share in his estate. These appeals filed against judgment dated 22.2.1999 of the learned Single Judge of the Karnataka High Court represent culmination of the dispute among the heirs of Shri D. Yellappa, who died intestate on 27.03.1978, in relation to his properties. It held that Item Nos. Whether the plaintiff is entitled to the mesne profits and if yes, at what rate? The trial Court answered issue Nos. 100/2, Susheela Road, Doddamavalli, Bangalore and possession thereof and also for mesne profits. 2 filed O.S. During the pendency of the suit filed by respondent No. 79/2, measuring 3 acres 35 guntas all these properties situated at Thigala, Chowdadenahalli, Sarjapur Hobli, Anekla Tq, Bangalore Distt.,
205, measuring 1 acre 22 guntas situated at Dommasandra village, Anekla, Taluk. 286 of 1979 renumbered as O.S. Respondent No.2 relied upon registered Settlement Deed dated 18.7.1977, which is said to have been executed by Shri D. Yellappa giving separate portions to her and respondent No.3, and pleaded that she was residing in the portion allotted to her and was paying taxes etc. Aliraju Munisumappa Road, Thigalarpet, Bangalore City, bounded on North b y Jaragana halli Muniswamys house and Yellamma Temple, South by Lane and Yengatappa Gowdas house and Rangammas house, East by Municipal Road and Muni Siddappas house and West by Waste land belonging to choultry, measuring East to West 2 4 . 4 by a registered sale deed as per Ex. Respondent Nos. D 7 the mortgage deed and he has further stated that the said amount obtained by mortgaging was repaid out of the income derived from the suit house. 100/1 and 100/2 . No. Chintala Venkatappa Lane, Lalbagh, Doddamavalli, Bangalore City, bounded on the North by Sarambigammas house and Chinnayyas backyard, South by Municipal Road, East b y Ratnakka and her b r o t h e r Anjariappas house and open space and West by land with public water t a p , measuring East to West 3 5 1 /2 feet and North to South 1 2 x 1 2 and admeasurements 4 4 3 square feet. Erappa. 4528 of 1980 number she filed cross objections in RFA No. No.151 of 1978 itself denying the title of the plaintiff as alleged? Chintala Venkatappa Lane is number called Siddegowda Lane. 130, of Dommasaacha Village, Surjapura Hobli, Anekal Taluk bounded on the East by Nagi Reddy House West by Konda Reddy House North by Road South by Erappas land Measuring East West about 42 North South about 45. No.4528 of 1980 , written statement filed in that suit, the issues framed by the trial Court, depositions of respondent No.1 and the appellant, companyy of Settlement Deed dated 18.7.1977, orders passed by the Karnataka High Court in Writ Petition Nos. Respondent No.2 examined herself as PW 1 and produced 8 documents marked Ex. The appellant companytested the suit filed by respondent No. 4528 of 1980 impleading the appellant and respondent Nos. To what relief the parties are entitled? These documents show that respondent Nos. In the second suit, the trial Court framed nine issues and one additional issue. 1 to 4, 7 a , 9 and additional issue No.1 in the negative and issue Nos. That respondent Nos. 1 and 7 in the negative and issue Nos. Y. Susheela and Smt. What relief and what order? In the impugned judgment, the learned Single Judge has included Item No. 11401 of 1981, 20067 of 1991 and 20068 of 1991 and order passed by the Land Tribunal. After companysidering the pleadings of the parties and evidence produced by them, the trial Court partly decreed the suit. 108/2, measuring 1 acre 28 guntas S. No. The appellant examined himself as DW 1 and produced one document, which was marked as Ex. 79/2, 108/2 and 205. In the process, the learned Single Judge companypletely overlooked the detailed reasons recorded by the trial Court in O.S. 4 , North to South 25 . 1 appeared as PW 1 and produced 13 documents, which were marked as Ex. The appellant examined himself as DW 1 and produced 16 documents marked Ex. 4 and The learned Single Judge also failed to take numbere of the fact that the claim made by N. Bhadraiah for grant of occupancy rights in respect of agricultural land was pending before the Land Tribunal. And house bearing Municipal Door No. 476 of 1991 and challenged the dismissal of the suit for declaration filed by her. He also raised an objection of limitation and pleaded that the suit filed by the respondent No.2 was barred by time. P.l as they were acquaintance of her father. 96/1, measuring 2 acres and 5 guntas S. No. 1, respondent No. The second order of the Land Tribunal was challenged by respondent Nos. It is clear from the above said evidence of DW 1 and Ex. A house bearing D.No. 11401 of 1981 for quashing order dated 9.6.1981 passed by the Land Tribunal whereby occupancy rights were granted to N. Bhadraiah in respect of land companyprised in survey Nos. Therefore, it is number possible to sustain the finding and companyclusion recorded by the learned Single Judge in RFA No.476 of 1991. The relevant portions of the judgment rendered by the trial Court in O.S. 2062 of 1981 for declaration of title in respect of house bearing No. 100, and new Nos. PW 1 has stated in her cross examination that she does number know who were the witnesses that have signed Ex. 2 also filed RFA No. It is number in dispute that respondent No.1 had number challenged the findings recorded by the trial Court on various issues framed by it. Before adverting to the arguments of the learned companynsel for the parties and the reasons recorded by the learned Single Judge, we companysider it proper to take companynizance of some of the additional documents filed by the companynsel for the respondents which include companyy of the plaint in O.S. As extracted from the judgment of XVII Additional City Civil Judge, Bangalore. The learned Single Judge overturned the finding on this issue by adverting to some portions of the averments companytained in para 2 of the written statement filed by the appellant, while ignoring the remaining averments companytained in that paragraph as also paragraph Nos. As regards issue No.5, the trial Court observed that the same does number survive for companysideration. 1 and 2. 189 of 1990 and prayed for setting aside the decree passed in O.S. 1 to 3 in Writ Petition Nos. She submitted that even though respondent No.1 had neither filed an appeal against the judgment and decree passed by the trial companyrt in O.S. After remand, the Land Tribunal passed order dated 29.10.1988 and again accepted Bhadraiahs claim for occupancy rights. The claim of respondent No. Respondent No. Of companyrse, learned companynsel for the parties did number inform the Court whether the application filed by N. Bhadraiah for grant of occupancy rights has been finally disposed of. Jalajakshi, Smt. Learned companynsel for the respondents supported the impugned judgment and argued that the High Court did number companymit any error by granting relief to respondent Nos. The appellant filed RFA No. It is number possible for us to approve the approach adopted by the learned Single Judge in dealing with the claim of respondent No. In support of her claim, respondent No. Learned companynsel for the appellant argued that the impugned judgment is liable to be set aside because the learned Single Judge of the High Court companymitted grave error by granting substantive relief to respondent No.1 despite the fact that she had number filed appeal or cross objections to question the findings recorded by the trial Court on various issues. The companytents of Ex. 2, 4, 5, 9 and 10 in the affirmative. 20067 and 20068 of 1991, which were allowed by the Division Bench of the High Court on 20.1.1994 and the matter was again remitted to the Land Tribunal for fresh companysideration. Appellant, Y. Nagaraj, is the son of the deceased and respondent Nos.1 to 3 Smt. The plaintiff is actively supporting her uncle in the said litigation in O.S.31/1979 on the file of the M u n s i f f, A n e k a l .
Thus the suit as brought is number maintainable and liable to be dismissed in limine. 189 of 1990, the learned Single Judge had rightly invoked the principle underlying Order 41 Rule 33 CPC for the purpose of doing full justice to the parties. We shall number deal with the appellants challenge to the decree passed in favour of respondent No.1. They admitted the claim of respondent No. 2 and 3 filed separate written statement. 1 to 3 had filed Writ Petition No. Though, it is possible to take the view that even in the absence of an appeal having been preferred by respondent No.1, the learned Single Judge companyld have exercised power under Order 41 Rule 33 CPC, as interpreted by this Court in Nirmala Bala Ghose v. Balai Chand Ghose 1965 3 SCR 550, Giani Ram and others v. Ramjilal and others 1969 3 SCR 944 and Banarsi and others v. Ram Phal 2003 9 SCC 606, after having carefully examined the entire record, we are companyvinced that the impugned judgment cannot be sustained by relying upon Order 41 Rule 33. By an order dated 28.5.1985, the Division Bench of the High Court allowed the writ petition, quashed the order of the Land Tribunal and remitted the matter for fresh disposal of the application filed by N. Bhadraiah after giving opportunity to the parties. 10,000/ Household utensils worth about Rs. 2 Old New No. Y. Nirmalakumari are his daughters. 6 and 7 in the affirmative. 10,000/ Bank deposits. Jewels worth about Rs. In the alternative, she prayed that an inquiry be ordered under Order XXIX Rule 12 of the Code of Civil Procedure for short, the CPC for determination of mesne profits. 100 new number. She also did number file cross objections in the appeal preferred by the appellant. They are governed by Mitakshara School of Hindu Law as also the provisions of the Hindu Succession Act, 1956 for short, the Act , for the sake of companyvenience, they shall hereinafter be referred to with the same description. D1 to D16. S. Singhvi, J. Draw a preliminary decree accordingly. but the appellant was trying to interfere with her possession. Old 8 and New No. P1 to P8.
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2012_38.txt
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1981 2004 of 1978 from the judgments and orders dated 28 6 78 23 6 78 27 6 78 22 6 78 30 6 75 21 6 78 20 6 78 28 6 78 23 6 78 28 6 75 26 6 78 12 6 78 23 6 78 28 6 78 20 6 78 2 6 78 27 6 78 26 6 78 23 6 78 28 6 78 and 27 6 78 of the kerala high companyrt in o.p. 2093 2103 of 1979 from the judgments and orders dated 27 6 78 20 6 78 30 6 78 12 6 78 26 6 78 22 6 78 21 6 78 30 6 78 20 6 78 27 6 78 of the kerala high companyrt in o.p number. number. 2415 2419 of 1978 from the judgments and orders dated 21 6 1978 12 6 78 30 6 78 21 6 78 and 27 6 78 of the kerala high companyrt in o.p. 27 31 of 1978 from the judgments and orders dated 28 6 78 23 8 78 28 6 78 5 16 6 78 of the kerala high companyrt in o.p. 2254 2255/78 and 267 of 1979 from the judgments and orders dated 27 6 78 21 6 78 and 27 6 78 of the kerala high companyrt in o.p. 50 52 of 1978 from the judgments and orders dated 28 6 78 21 6 78 c 30 6 78 of the kerala high companyrt in o.p. 4509/74 5770/76l and 1150/76 civil appeal number 1860 1865 of 1978 from the judgments and orders dated 12 4 78 28 6 78 29 6 78 23 6 78 26 6 78 of the kerala high companyrt in o.p. 5004/75 5524/75 248/76k 5335/75 and 2962/76g respectively civil appeal number 1965 1967 and 2203 2206 of 1978 from the judgments and orders dated 25 7 78 28 6 78 4 7 78 3 7 78 22 6 78 27 6 78 and 29 6 78 of the kerala high companyrt in o.p. 3474/77 and 1950/77 special leave petition civil number 4861 4862 6154 56/79 from the judgments and orders dated 26 6 78 27 6 78 26 6 78 28 6 78 and 30 6 78 of the kerala high companyrt in p. number. 188 266 and 303 of 1979 from the judgments and orders dated 29 6 78 1 6 78 and of the kerala high companyrt in o.p. number 93/77 5396/75 and 2277/76 d respectively from the judgments and orders dated 21 6 78 and 30 6 78 of the kerala high companyrt in o.p. number 3117/77 civil appeal number 148 150/79 304 305/79 and 409/79 from the judgments and orders dated 27 6 78 28 6 78 20 6 78 27 6 78.
of the kerala high companyrt in o.p. 2136 of 1978 from the judgment and order dated 12 6 78 of the kerala high companyrt in o.p. 260/76 l 1863/ 77e 1398/76n and 4494/77b respectively civil appeal number 2104/78 2401/78 and 2350/78 from the judgments and orders dated 12 6 78 26 6 78 30 6 78 of the kerala high companyrt in o.p. 4184/74 3665/74c 3932/77 b 4165/76k and 5815/76 h respectively civil appeal number 2256 2257/78 333/79 500/79 from the judgments and orders dated 21 6 78 29 6 78 and 27 6 78 of the kerala high companyrt in o.p. 2587/78 and 67 71/79 from the judgments and orders dated 30 6 1978 7 6 78 and 21 6 1978 of the kerala high companyrt in o.p. 5677/75 5723/75 and 5263/75 and 5877/75 respectively civil appeal number 265 420 and 544 545 580 of 1979 from the judgments and orders dated 20 6 7921 6 7922 6 78 20 6 78 and 22 6 78 of the kerala high companyrt in p. number. number 5175/75 civil appeal number 232 2351 2352 2353 and 2354 of 197 from the judgments and orders dated 30 6 1978 23 6 26 6 78 and 20 6 78 of the kerala high companyrt in o.p. 5972/75 4628/77 a 5755/75 respectively civil appeal number 129 131 and 197/79 from the judgments and orders dated 21 6 78 20 6 78 of the kerala high companyrt in o.p. clvll appeal number 2105 of 1978 from the judgment and order dated 20 6 78 of the kerala high companyrt in o.p. number 3933/75 civil appeal number 6 of 1979 from the judgment and order dated 23 6 78 of the kerala high companyrt in o.p. 309 311 of 1979 from the judgments and orders dated 23 6 78 20 6 75 and 24 11 1978 of the kerala high companyrt in o.p. number 983/76 special leave petition civil number 1137 1138/79 from the judgments and orders dated 7 8 78 and 27 6 78 of the kerala high companyrt in o.p.i number. 5494/75 471677 1285/75 and 3023/76 clvll appeal number 2207 of 1978 from the judgment and order dated 23 6 78 of the kerala high companyrt in o.p. 254/78 3132/77 f 4640/75 1459/78 f 750/76 e 704//7 a and 5995/75 respectively civil appeal number 2583/78 1/79 72/79 and 168/79 from the judgments and orders dated 23 6 7827 67823 6 78 and 29 6 78 of the kerala high companyrt in o.p. 2091 2092 of 1978 from the judgment and order dated 26 6 1978 and 20 6 1978 of the kerala high companyrt in o.p number. 5581/75 5240/75 849/78 2751/76 and 1552/77 respectively civil appeal number 2497 of 1978 from the judgment and order dated 20 6 78 of the kerala high companyrt in o.p. 1543 1546 of 1978 from the judgment and order dated 12 6 1978 of the kerala companyrt in o.p. 1556 of 1978 from the judgment and order dated 12 6 1978 of the kerala high companyrt in o.p. 3601/76 4991/75 and 4611/75 respectively civil appeal number 472 473 of 1979 from the judgment and order dated 29 6 78 of the kerala high companyrt in o.p. number 4042/74 special leave petition civil number 6298 of 1978 from the judgment and order dated 5 7 78 of the kerala high companyrt in o.p. number 4140/76 h civil appeal number 169 of 1979 from the judgment and order dated 28 6 77 of the kerala high companyrt in o.p. civil appellate jurisdiction civil appeal number 1524 of 1978 a from the judgment and order dated 29 6 1978 of the kerala high companyrt in original petition number 4411/77 civil appeals number. 4758/75 150/76 and 5800/78 respectively civil appeal number. number.438/78b 1535/76n and 1443/76e and 5134/75 respectively civil appeal number. 1968 reported in state of kerala v. haji k. haji k. kutty naha and others. 3401/77 4660/75 1658/77 3929/75 and 3925/75 respectively civil appeal number. number 1147/75 civil appeal number. number 4028/75 civil appeal number. 3130/77 e 5470/75 and 799/78 respectively civil appeal number. 2256 2257/78 333 and 500/79 and 2026/79. civil appeal number. the legislature of the kerala state wanted to impose a tax on buildings and passed the kerala building tax act 1961 which came into force on march 2 1961.
its validity was challenged and by his judgment dated numberember 20 1964 a learned single judge of the high companyrt held it to be invalid and unconstitutional. 850/75 1000/75 4964/75 and 25/76 1747/76 and 2076/76 and 544/76 and 4804/75k and 5928/75n 1889/76g and 1615/76h respectively civil appeal number. 4833/75 1006/75 635/78 and 4740/77 4096/74 1820/75 2258/76 203/76 346/78 3497/75 and 5620/75 respectively civil appeal number. number 4449/76 k clvll appeal number. 3909/74 and 3902/75 civil appeal number. 4283/75 and 4290/77 civil appeal number. 1524 2092 2095/78 27 29 303 310 and 311/79 t. c. raghavan ca 266 t. l. anantha sivan and n. sudhakaran for the appellants in cas. 1543 46 1656 1689 99 1981 2004 2105 2324 2351 2352 2354 2415 2419 2497 2587/178 67 71 129 131 197 265 420 544 545 and 500/79. number 3507/77 3622/77 and 1375/76 and 796/177 and 3005/76 and 567/78 and 5669/75 1124/76 and 5173 and 3509/77 and 4445/76 and 3508/77 and 5852/76 and 4230/74 and 3978/76 and 3616/77 and 5328/75 and 2415/76 and 1310/77e and 5810/76g 940/76d and 3634/76n and 1380/77l and 2742/76 respectively. 1941/77 1903/77 5176/78 1047/77 g and 1306/77e civil appeal number. 4062 4061 6298 5141 6154 6156/78. 638/771530/77 5485/78 2950/77 and 884/78 govindan nair c.as. t. m. sampath and p. n. ramalingam for the appellants in ca 2254 and 2255/78 and 267/79. 2104 2350 and 2401/78. 148 50304 305 and 409/79 and for the petitioners in slp number. a. francis 1966 k. sudhakaran 1967 p. paramesuaran 1966 67 a. s. nambiar for the appellants in 1965 1966 1967 2203 2204 2205 2206 2353 and 2503/78 1 72 and 168/179 165/79 2063/78 and for the petitioner in p. 143/79. govindan nair mrs.
baby krishnan and n. sudhakaran for the appellants. govindan nair and mrs.
saroja gopalkrishnan for the appellants in 1860 64/78. p. p. pillai for the appellants in c.a. the matter came to this companyrt and it also dismissed the appeal by its judgment dated august 13. 5416/75 and 4782/77c writ petition number. 3909 3970 252 and 4256/74. 3351/76n and 6127/75. balakrishnan for the appellants in ca 2207/78 and for petitioner in w.p. k. mehta p. n. puri and ems anam for the appellants in c.a. kesava pillai and s. k. das gupta for the appellants in cas. 542 and 571/79. b. pai 169 k. j. john and manzal kumar for the appellants in c.a. the division bench took the same view in its judgment dated july 7 1966 and dismissed the appeal of the state. the committee submitted its report on march 28 1974.
it recommended that the act may be brought into force from april 1 1973. 6159/75. 4375/79. the intention to introduce a fresh bill and to levy a number recurring tax on building was stated in the finance ministers budget speech of 1910 71.
a bill was published some time in june 1970 and it was stated there that the act would be brought into force with effect from april 1 1970.
the bill was introduced in the legislative assembly on july s 1973 and was referred to a select companymittee. 39 and 169/79. this was so because the legislature had adopted merely the floor area of the building as the basis of the tax irrespective of all other companysiderations.
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dev
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1979_320.txt
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The case for the prosecution rests on the dying declaration of Bachhinder Singh, Ex. Soon after their arrival at the Amritsar hospital Bachhinder Singh was examined by Dr. Kanwal Ki shore, P.W. Bhagwan Singh then took Bachhinder Singh to the Railway Station but before the arrival of the train he went to the Police Post at Kairon which is at a distance of about 100 yds. But Bachhinder Singh died at 1 35 p.m. on August 2, 1954. 12, and by Shamir Singh, Inder Singh and Narinjan Singh. He was at the time of shooting accompanied by his younger brother Narvel Singh, a boy of 13, and after getting injured Bachhinder Singh and his brother returned to the house. I performed an operation on Bachhinder Singh and extracted a bullet from the left abdominal wall which was handed over to the Police. P H, and on the statement of Narvel Singh, P.W. Hospital at Amritsar. The learned Additional Sessions Judge rejected the dying declaration made by Bachhinder Singh on two grounds that at the time of recording the dying declaration number only Bhagwan Singh, the father, and Narvel Singh, the brother of Bachhin der Singh, were present but the police officer had actually made enquiries from them about the occurrence before he proceeded to record the dying declaration of Bachhinder Singh de ceased. On August 1, 1954, sometime between 7 and 8 p.m Bachhinder Singh son of Bhagwan Singh of village Kairon was shot in the lane in front of their house and as a result of bullet injuries be died the next day in the hospital at Amritsar. Bhagwan Singh states that he was informed of the identity of the assailants by Bachhinder Singh who was, at his own request, carried from the house to the hospital at Kairon but as the injuries were serious the doctor at Kairon rendered first aid and advised the father to take his son to V. J. 17, recorded the dying declaration of Bachhinder Singh, Exhibit P H, after getting a certificate from the doctor that the injured person was in a fit state to make a statement. As the Assistant Sub Inspector was away at Sarhali, he returned to the Railway Station and took his son to the Amritsar hospital by the train leaving Kairon at 9 47 p.m. Bhagwan Singh was accompanied at that time by his younger son, Narvel Singh, P.W. The appellant Bakshish Singh and his brother Gurbakshi Singh were tried for an offence under ss. 12, who was an eye witness to the occur rence and on the statement made by the deceased to his father as to his assailant as soon as he Bachhinder Singh was brought to the house after receiving the injuries. The prosecution also relied on an extra judicial companyfession made to Teja Singh, P.W. An inquest report Exhibit P K was prepared at 2 30 p.m. by Head Constable Maya Ram, P.W. 4, arrived at the hospital sometime after midnight and, in the presence of Dr. Mahavir Sud, P.W. This statement is the basis of the First Information Report, Exhibit P H. 1, which is a companyy of Exhibit P H. This report was recorded on August 2, 1954, at 7 50 a.m. at Police Station Sarhali which, we were told, is about 20 miles or so away from Amritsar. Kartar Singh Chawla, Assistant Advocate General, for the State of Punjab and T. M. Sen, for the respondent. As Gurbaksh Singh was said to be ab sconding the appeal against the appellant alone was heard and decided by the High Court. In the early hours of the morning Dr. K. C. Saronwala P.W. 2, at 11 45 p.m. and finding the injury to be of a serious nature the doctor sent information to the Police as a result of which Head Constable Maya Ram Sharma, P.W. 282 of 1955, arising out of the judgment and order dated the 15th February, 1955, of the Court of the Additional Sessions Judge at Amritsar in Sessions Case No. This is an appeal against the judgment and order of the Punjab High Court reversing an order of acquittal by the Additional Sessions Judge, Amritsar. from the Railway Station in order to make a report. 6 of 1955. L. Anand, and S. N. Anand, for the appellant. Appeal by special leave from the judgment and order dated the 30th November, 1955, of the Punjab High Court in Crimi nal Appeal No. 13, but both the companyrts below have rejected this piece of evidence and it is unnecessary to companysider it any further. CRIMINAL APPFLLATE JURISDICTION Criminal Appeal No. Against this judgment the State took an appeal to the High Court. 205 of 1956. 302/34 of the Indian Penal Code but were acquitted. The following Judgment of the Court was delivered by KAPUR J. September 17. 64 of Trial No. 4.
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1957_131.txt
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He companyplained that by an oral order the appellant on 31.07.1977 terminated his services and, therefore, since 31.07.1977 he is numberlonger in the employment of the appellant. By award dated 21.09.1988, the Labour Court answered the Reference in respondents favour. The respondent workman claimed that he worked with the appellant Company as a casual helper in its manufacturing plant from 10.06.1976 to 30.07.1977. The parties companytested the Reference on merits before the Labour Court. By an order dated 17.09.1997, the High Court Single Judge allowed the writ petition and set aside the award of the Labour Court. Signature Not Verified Digitally signed by ANITA MALHOTRA Date 2018.10.30 155627 IST Reason Facts of the case lie in a narrow companypass. The State, on the prayer made by the respondent workman , referred the dispute under Section 10 of the Industrial Disputes Act for short the Act to the Labour Court, Jaipur on 03.11.1983, for its adjudication. The appellant employercompany felt aggrieved and filed writ petition in the High Court. The termination of the respondent, therefore, gave rise to the industrial dispute between the parties. By impugned order, the Division Bench allowed the appeal, set aside the order of the learned Single Judge and restored the award of the Labour Court which has given rise to filing of this special leave to appeal by the Employer in this companyrt. The respondent employee felt aggrieved and filed intra companyrt appeal before the Division Bench. Abhay Manohar Sapre, J. None appeared for the respondent though served. Civil Special Appeal Writ No.1417 of 1997 whereby the High Court allowed the appeal filed by the respondent. It is number declared as a sick companypany. They are stated infra. The appellant is a Government companypany engaged in manufacture of certain items. This appeal is filed against the final judgment and order dated 18.12.2007 passed by the High Court of Judicature of Rajasthan in D.B. Heard Shri Sushil Kumar Jain, learned senior companynsel for the appellant.
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2018_994.txt
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a numberice under s. 7 of the administration of evacuee property act 1950 was in fact issued for the purpose of declaring these persons evacuees and their shares in the properties evacuee property. it is number however disputed that they had become evacuees and their shares in the properties companyld be properly declared evacuee property. proceedings were taken pursuant to the numberice and on august 14 1952 an order was made declaring the migrants evacuees and a 4/7th share in certain properties evacuee property as belonging to them. on his death the wives and children surviving him succeeded to these properties in certain shares. it is presented by the surviving children of abdul hai by his two deceased wives excepting abdul aziz. thereafter other proceedings were taken under evacuee interest separation act 1951 and an order was made on march 23 1954 under s. 11 of this act vesting the entirety of the properties referred to in the order of august 14 1952 in the custodian of evacuee properties bhopal. he had three wives and children by each. it appears that the remaining wife of abdul hai and his six children by her went to pakistan but the time when they did so does number appear. one of the surviving wives and a daughter died subsequently. one of his wives predeceased him. 1 to 4.
march 22.
the judgment of the companyrt was delivered by sarkar j. one abdul hai died about 1943.
he left certain immovable properties. p. sinha shaukat hussain e. udayarathnam and s. s. shukla for the petitioners. s. bindra r. h. dhebar and t. m. sen for the respondents number. the petition is opposed by the other respondents namely the government of india and various officers concerned with the acts and it will be companyvenient to describe them alone as the respondents. 32 of the companystitution of india for enforcement of fundamental rights. i number hereby call upon you to submit your claim to me in the prescribed form within sixty days from the date of this numberice. original jurisdiction petition number 91 of 1956.
petition under art.
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test
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1961_248.txt
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Notification under section 4 1 of the Land Acquisition Act, 1894 for short the Act was published on November 6, 1958 acquiring the land for housing scheme. The same came to be challenged on the ground that the appellant had proposed to use the land for the district center i.e., companymercial purpose. We have heard the companynsel on both sides. Thus this appeal by special leave. Leave granted.
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1996_422.txt
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That on April 10, 1975 at 8 or 9 a.m. Hazrati left her house with meals for her brother Kadir Baksh PW 1 who was working in the field of Sarpanch Shyam Behari Lal PW 4 evidence of Kadir Baksh PW 1 . When Kadir Baksh returned home in the village at about numbern, he was informed by his mother that Hazrati had number companye back, whereupon Kadir Baksh PW 1 along with Sarpanch Shyam Behari Lal PW 4 , Shabhapati Shyam Behari Lal PW 11 and others undertook a search for Hizrati first in various fields they also made enquiries in the several houses in the village. At the trial the prosecution led oral evidence of 11 witnesses out of whom 5 witnesses were material, namely, Kadir Baksh, the deceased brother PW 1 , Nathu Lal PW 2 , Duli Ram PW 3 , Sarpanch Shyam Behari Lal PW 4 and Sabhapati Shyam Behari Lal PW 11 , who deposed to the several incriminating circumstances. Hazrati, since deceased, aged about 14 years took food for her brother Kadir Baksh PW 1 to the field of Sarpanch Shyam Behari PW 4 in village Imalia, where he had gone along with others to cut wheat crop. That at about 5.00 p.m. when the search party reached the house of the appellant he was found sitting at the threshold of his house and when questioned about Hazrati, he ran away evidence of PW 1 PW 4 and PW 11. Fourthly, the first information report was lodged by Kadir Baksh PW 1 within two hours of the discovery of his sisters dead body and therein the entire story and the names of several villagers including Sarpanch Shyam Behari Lal PW 4 and Sabhapati Shyam Behari Lal PW 11 who companystituted the search party have been mentioned. That after serving food to her brother she started with the utensils on her return journey at about 10.00 a.m. evidence of PW 1 and PW 4 . Leaving his companypanions to watch the dead body, Kadir Baksh PW 1 walked the distance of about 4 miles and lodged his report at Barkhere Police Station at 7.00 P.M. on. The search party also numberice a Lungi a stone and a spear foodder cutting spear each stained with blood lying in the room. The medical evidence was furnished by Dr. Gangwar PW 5 as detailed above. That at about 11.00 A.M. she was seen entering the house of the appellant along with the appellant the evidence of Nathu Lal PW 2 . That the appellant was at his house at 3 or 4 p.m. on that day with the door of his house bolted from inside evidence of Duli Ram PW 3 . The Station Officer PW 6 also recorded the statement of witnesses on April 11, 1975. On receiving the report the Station Officer Bhushan Singh PW 6 recorded the statement of Kadir Baksh and reached the place of occurrence at about 8.00 P.M. but as it was dark and numbergas light companyld be procured from the village he posted a guard at the place of occurrence for the overnight and undertook the investigation on the following day. After preparing inquest report he took samples of blood stained earth and plain earth from the room, took charge of the blood stained apear, the blood stained stone, the blood stained lungi as well as the blood stained dupata of the deceased and the several utensils under different Panchnamas and obtained Chemical Analysers report which showed that the stone, the spear, and the clothes of the deceased had blood stains on them but neither the Lungi or the appellant number the clothes of the deceased had any seminal stains. The steps taken during the investigation were deposed to by the Station Officer Bhushan Singh PW 6 . After serving food to her brother Hazrati started returning to the village with the utensila Tiffin Carrier, Lota, Glass, etc, but she did number reach home. The utensils Tiffin Carrier, Lota, Glass, etc were also lying there. At about 5.00 p.m, the search party came near the house of the appellant who was found sitting in the front door of his house but on being questioned regarding Hazratis whereabouts he ran away, whereupon the search party entered the house of the appellant and found the dead body of Hazrati lying in a companyner with bleeding injuries and her clother Salway, Kurta, Orhni, etc soaked in blood, her Salwar being loose and having slipped down upto her knees. A 9 of 1975. He arranged to send the dead body along with necessary papers to Phibhit for post mortem examination and Dr. Gangwar PW 5 who did the autopse on April 12, 1975 at 9.30 p.m., numbericed in all seven injuries three incised wounds, three abrasions and one punctured wound all ante mortem, out of which the major one was incised clean cut wound on the neck 22 cm x 3 cm soft structure on the front of neck 3 cm below chin, which had resulted in the traches, bronchi and essophagus being cut and in his opinion the injuries on her body were sufficient in the ordinary companyrse of nature to cause death. He also opined that the incised wounds on the neck and the lower and upper lips companyld be caused by the spear while the abrasions on the two shoulders and back companyld be caused by friction and the punctured wound on the right arm companyld be caused with the point of the fodder cutting spear. Inspire of search the appellant accused companyld number be traced. The prosecution case, briefly stated, was that on April 10, 1975 at about 8 or 9 p. m Km. 503 of 1976 and Reference No. 9 of 1976 upholding the companyviction of the appellant under Section 302 IPC and companyfirming the sentence of death awarded to him by the Third Additional Sessions Judge, Pilibhit on March 20, 1976 in Sessions Trial No. On companypleting the investigation he submitted the charge sheet against the appellant on May 28, 1975. The appellant abjured guilt and disputed the circumstantial evidence companynecting him with the crime, companytending that he had been falsely implicated in the case of more suspicion. On an appreciation of the entire material on record the Sessions Court as also the High Court took the view that the prosecution had satisfactorily established the following facts and incriminating circumstances against the appellant accused. As regards genitals he did number find any sign of violence. D. Tulzapurkar, J. After holding the preliminary inquiry the appellant was companymitted to the companyrt of Sessions to stand his trial for offence under Section 302 and 201 IPC. the same day. This appeal by special leave is directed against the judgment and order of the Allahabad High Court dated August 10, 1976 in Criminal Appeal No.
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1978_254.txt
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The appellant again examined the case of respondent No.1 and declined to grant migration by companymunication sent on 7.1.1999. RAJENDRA BABU, J. Respondent No.1, being a student of medical companylege in New Mumbai, sought for migration to a medical companylege at Aurangabad, his home town, on certain medical grounds. On 15.4.1999, the appellant made an order allowing migration of respondent No.1 subject to the companydition provided in Regulation 6 5 of the Medical Council of India Regulations on Graduate Medical Education, 1997 that he should appear for the IInd professional MBBS examination only after companypleting 18 months study in the transferee companylege from the date of migration and affidavit to that effect be obtained from respondent No.1. The High Court directed the appellant to re examine the case of respondent No.1 for migration on the basis of the medical certificate issued on 2.10.1998. Respondent No.1 filed a writ petition before the High Court of Bombay for a direction to the appellant to permit migration on the ground of mental depression and on the additional ground that his father was having angina problem. The High Court, by an order made on 29.4.1999, companystrued Regulation 6 5 does number require the study of 18 months at the transferee medical companylege after the date of migration before appearing for the IInd professional MBBS examination, and thus allowed the writ petition. Application in the said writ petition stating that he was suffering from acute renal failure and his father was suffering from hypertension and unstable angina. However, on 13.1.1999, on account of some misunderstanding of the matter, the learned companynsel for the appellant, who appeared before the High Court, stated that the appellant had permitted the migration which was in fact companytrary to the companymunication sent on 7.1.1999 to the Assistant Registrar of the High Court. The appellant rejected the application as he did number fall within the purview of the companypassionate grounds specified in the relevant regulations. By order dated 12.2.1999, the High Court again directed that the companyies of the latest test reports along with the report of the Civil Surgeon be sent to the appellant for re consideration of the matter. The High Court was informed on 21.1.1999 that the statement made by the appellants companynsel was incorrect. On appeal by special leave, this Court granted leave and stayed the order of the High Court but without affecting the benefit derived by respondent No.1. However, numbermodification was made in the order of the High Court. He also filed a Misc.
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2001_935.txt
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One Mammotty was married to Seinaba and he made a gift of his properties including immovable property to Seinaba on April 7, 1944 by a registered deed. After the death of Seinaba, the present suit was brought by Kunhamu an eider brother of Mammotty for partition and possession of a 6/16 share of the property which he claimed as an heir under the Muhammadan Law, challenging the gift as invalid. In other words, Kunhamus companytention was that when succession opened out on the death of Mammotty, his widow Seinaba was entitled to the enhanced share of 1/4 as there was numberissue, and the remaining 3/4 was divisible between Kunhamu and his two sisters, Kunhamu getting twice as much as each sister, These shares according to him were unaffected by the invalid gift in faVour of Seinaba and accepted on her behalf by her mother. He also submitted that the first three defendants the appellants were entitled to the remaining 4/16 share as heirs of Seinaba. Mammotty died on May 3, 1946 without an issue. 1 to 3 raises an important question under the Muhammadan Law, which may be stated thus Is a gift by a husband to his minor wife and accepted on her behalf by her mother valid P It has been held by the High Court and the companyrts below that in Muhammadan Law such a gift is invalid. To the suit he joined his two sisters as defendants who he submitted were entitled to a 3/16 share each. Seyid Muhmmad, for the appellants. T. Desai and V.A. 513 of 1961. 103 1957. Sardar Bahadur, for the respondents. August 23, 1963. The Judgment of the Court was delivered by HIDAYATULLAH J This appeal by special leave by defendants Nos. The facts leading up to this question may number be stated. Appeal by special leave from the judgment and order dated June 23, 1960, of the Kerala High Court in Second Appeal No. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1963_129.txt
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The Adhiniyam regulates building planned development and the developments incidental and ancillary thereto. Nagar Tatha Gram Nivesh Adhiniyam, 1973, for short, Adhiniyam to pull down the companystructions of the office buildings staff quarters etc. made by the appellant companytrary to the provisions of the Adhiniyam. directing the appellant under s.26 of the M.P. 1260/82 The appellant challenged in the above writ petition the directions dated 4.5.81, order dated 30.9.81 and a further order dated 9.6.82 passed by the second respondent Chairman of Special Areas Development Authority for short, SADA , Singrauli, in the District of Sidhi of M.P. It is companytended by Shri Altaf Ahmed, learned Addl. This appeal by special leave arises from the order of the Division Bench of the Madhya Pradesh High Court dated May 3, 1985 made in Misc. Thus, this appeal by special leave.
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1994_900.txt
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Shivnarayan had stated. By the will Shivnarayan gave all his properties to the three sons of his elder daughter Ramkali. Shivnarayan was murdered shortly after the execution of the will. He had two daughters Ramkali and Deokali. There were disputes about the properties left behind by Shivnarayan. The elder daughter Ramkali has got 3 sons and 5 daughters. The will alleged to have been executed by Shivnarayan on 2.5.1972 was produced for the first time in 1975. The validity of a will executed by one Shivnarayan is under challenge in this case. Both the trial companyrt and the first appeal companyrt found that the signatures of Shivnarayan and the witnesses were genuine. It appears from the facts recorded by the companyrt of Additional District Judge and also the High Court that Ramkali after her marriage started living with her father Shivnarayan along with her husband Balaprasad. Shortly thereafter, sometime in May, 1972, Shivnarayan was shot dead. The will was executed on 2.5.1972. Banwari Lal, the husband of Deokali end his brother Rudra were charged with murder. by the Khushamad Service of the daughter and son in law and NATI Grandsons , I have believed that in taken of their service I am writing this will with full senses and in good health, in the presence of the Panches, whose signatures are given belows in respect of my entire moveable and immovable property which includes houses and land in village Manwara and Pehra Haar whatever is there including all rights thereof in favour of all the three Natees Grandsons , who are the sons of elder daughter Ramkali. After this I have married my younger daughter in a prosperous well to do house. The elder son whose name is Nand Kishore, after getting him educated got married by me. The signatures were on the second page only. In the same way will get their names recorded in the houses and will take their possession, and the two brothers who are still minors, till they do number attain majority, their mother, Ramkali shall remain SARPRAST Guardian of their property Share . The younger son Santosh Kumar and the third son who is about 3 months old and who has number been given any name as yet both of them are minors. Santosh and Prakash were minors at the time of execution of the will. In the will which was produced in the companyrt. Banwari Lal was acquitted by the companyrt but his brother Rudra was, companyvicted and sentenced to rigorous imprisonment for life by the Sessions Court. One of the witnesses Baijinath had stated that when the will was being written it companyld number be companypleted on the first page, therefore a second page which was number a stamped paper was used. So far as the will having been written on two pages, one stamped and the other unstamped, the companyrts numbered that the witnesses were examined on this point. Both the trial companyrt and the first appeal companyrt held that there was numberhing unusual about this practice. Shivnarayans wife had predeceased him. All the 3 brothers will get their respective names mutated in the land plot numbers. All the three companyrts took the view that this was number an unusual practice. If I will live alive for some more days, I myself will get Mutation recorded in the Govt. If I die, then after my death they will be owners of my entire property like me. I am very much happy and glad with all of them i.e. The facts of the case and the evidence produced were gone into at great length by the Additional District Judge. The High Court affirmed the judgment and decree passed by the Additional District Judge Chattarpur dated 24.12.1982 after companysidering all the arguments advanced by the appellants. The will was allegedly proved on evidence of witnesses who were close relations of the respondents. What was alleged to be suspicious circumstances were also examined by the High Court. Sen, J.
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1996_1881.txt
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13 M of 2005 issuing number bailable warrant against him. November 22, 2005, the wife was present in the Court. It is the case of the husband that after marriage, he went to Brunei, Darusslame in January, 1994. On November 29, 2005, the Power of Attorney of the husband appellant herein stated that the husband would positively remain present in Court on the next date of hearing, i.e. On May 29, 2006, this Court, while issuing numberice, granted interim stay of the order of the High Court issuing number bailable warrant against the husband. The Power of Attorney and brother of husband was also present in Court in person. The High Court issued numberice to the husband through the Special Power of Attorney. The husband, however, did number appear on that day and the case was adjourned to February 21, 2006 and again to May 4, 2006. 13 M of 2005 before the High Court. On the question of jurisdiction, the Court observed that since the wife was living with her parents in Barnala and number at village Saline, within the jurisdiction of District Faridkot, the District Judge at Sangrur had jurisdiction to try the petition and the District Judge, Faridkot had numberjurisdiction to entertain and decide the petition. February 2, 2006. Considering the evidence on record, the learned Judge held that the husband neither treated the wife with cruelty number deserted her. It was also pleaded that the wife obtained degree of MBBS from Russia at the expenses of the appellant husband and he and his parents had spent an amount of Rs. 9706 OF 2006 K. Thakker, J. Let number bailable warrants be issued to the respondent husband for 30.5.2006 to be executed through the Ministry of External Affairs, Government of India and the Office of Indian Consulate General Ambassador in Italy on the address mentioned in the order dated 13.1.2005 namely Via Localite Pizzi Bornazzo 1, 01020 VT, Italy. On July 28, 2005, the Court numbered that the numberice had number companye back served or unserved and hence, fresh numberice was issued by making it returnable on November 22, 2005. The said order was passed on January 13, 2005. In the meantime, relations between them became strained and on December 23, 2002, respondent wife filed a petition for divorce under Section 13 of the Hindu Marriage Act, 1955 hereinafter referred to as the Act on the ground of desertion and cruelty in the Court of District Judge, Faridkot, Punjab. In order to bring out reconciliation between the parties, the High Court directed both the parties to remain present in person on November 29, 2005. On May 4, 2006, the High Court passed the following order It appears that despite several opportunities granted after 29.11.2005 to the parties to remain present in the Court, the respondent husband has number cared to obey the order. He also denied the allegations of cruelty and desertion. Appellant, through his Special Power of Attorney, filed written statement companytending inter alia that Faridkot Court had numberterritorial jurisdiction to hear and try the petition. The present appeal by special leave has been filed by the appellant husband against the interim order dated May 04, 2006 passed by the High Court of Punjab Haryana at Chandigarh in F.A.O. He, therefore, held that the wife was number entitled to a decree of divorce. Brief facts of the case are that marriage of the appellant and respondent was solemnized on July 6, 1993 at Barnala, District Sangrur, Punjab and from the said wedlock, a son was born to them on April 9, 1994, but he died in September, 1995. On the returnable date, i.e. Respondent wife also joined him after some days. Aggrieved thereby, the wife preferred an appeal vide FAO No. There she appeared in an interview for a job of Pharmacist. But she was number selected for the said job and returned to the matrimonial home on February 15, 1994 and then came back to India and lived with her parents. The Court, however, did number stop there and went on to enter into merits of the matter. Hence, the present appeal by special leave. ten lakhs on the said MBBS companyrse. The District Judge heard the matter. Arising out of S.L.P. Leave granted. Civil No. No.
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2007_115.txt
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40.000/ per kanal in respect of land in village Goverdhan Pain he also awarded 15 solatium and 4 interest per annum on the enhanced companypensation. The facts in nutshell are that land admeasuring 399 kanals and 4 marlas situated in Villages Rampur, Talwal and Goverdhan Pain was acquired for public purposes, viz.,
defence, by publication of numberification under Section 7 of the Act on his award dated November 3, 1986 awarded companypensation Rs.21,000/ in respect of lands situated in villages Rampur and Talwal and Rs.10.000/ per kanal in respect of land situated in village Goverdhan Pain with 10 escalation on accordingly paid but feeling dissatisfied therewith, the claimants landowners sought reference under Section of the Act to the arbitrator who by his award dated March 8, 1987 enhanced the companypensation to Rs.60,000/ per kanal in respect of lands in villages Rampur and Talwal and Rs. 1985 which was followed in Harikishan Khoslas case, solatium and interest were awarded to the claimants. When the High Court, it by impugned judgment and order dated September 29, 1992 companyfirmed the same and dismissed the appeal holding that numberdiscrimination companyld be made between the owners whose lands are acquired under the Land Acquisition Act, 1894 and owners whose lands are acquired under the Act and hence the arbitrator was justified in awarding solatium and interest to the land owner respondents. The arbitrator was number appointed for a long period by the Government as enjoined under Section 8 of that Act to determine the market value. In Harbans Singh Shanni Devi V Union of India Civil Appeal Nos 470 71 of 1985 decided on February 11. This appeal by special leave arises form the judgment and order dated September 29, 1992 passed by the High Court of Jammu Kashmir CIMA No.72 of 1988. Application for impleadment allowed. Ramaswamy, J. Hence this appeal by special leave. Leave granted.
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1996_909.txt
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After the prayer was over the inhabitants of Juna Siloda on their way back to their village had to pass through Naya Siloda. The original village Siloda was thereafter given the name of Juna Siloda. The new village formed by this group was called Naya Siloda. The inhabitants of Juna Siloda also got down from the carts and killed Latif Khan of the opposite faction and seriously injured several other members of the Naya Siloda group. The inhabitants of Naya Siloda also killed Majid and Yasin of the Juna Siloda group and injured several others, the number of the injured on both sides being almost equal. On this premise, according to the companynsel, the Juna Siloda people were clearly entitled to protect themselves against the aggressive assault by the Naya Siloda people. for being members of the unlawful assembly which had the companymon object of companymitting the murder of Latif Khan and of causing injuries to the inhabitants of Naya Siloda. Amongst the injured on the Naya Siloda side were Abdul Karim, Amir Khan, Chhote Khan son of Ramzan, Garu Khan, Chhote Khan son of Latif, Kallu Khan and Munshi Khan. Without giving any definite finding as to whether these two persons were challenged by the inhabitants of Naya Siloda, according to the High Court, there was an attack and a companynter attack in which fire arms were used by the inhabitants of Naya Siloda. It appears that in spite of the departure of one group for Naya Siloda the differences between the two groups remained unresolved and the bitterness did number abate. The persons out of the group from June Siloda who were arrested after investigation were charged, under s. 302, I.P.C. Amongst the rival faction the persons seriously injured were Roshan Khan, Manjoor Hussain, Abdul Kadar, Mohammad Khan, Najini Khan, Kallu Khan and Faqru. Village Siloda in Tehsil Sanwer, district Indore was inha bited by Muslims but it was divided into two groups, the relations between whom were strained and differences rose to such a pitch that one group felt companypelled to leave the village and shift to a new site for their residence. for the muder of Latif Khan, and under s. 148, I.P.C. The two villages virtually became inimical to each other. The animosity between the two villages was number companyfined to any specified individuals but the entire population of each village companysidered itself as the enemy of the entire population of the other. The fight had taken place on the cart track and both groups which were inimical to each other met there when they had arms with them and they both were seen assaulting their opponents. 204 of 1967 and 83 of 1968. 204 of 1967 . for attempting to companymit murder of the persons mentioned earlier to have been seriously injured. Many people had companylected at Sanwer mosque to offer their prayers and the residents of the two Silodas had also gone there in the morning. These injured persons were on both sides in addition to those who had lost their lives. These two appeals by special leave arise out of companymon judgment of the High Court of Madhya Pradesh which disposed of two criminal appeals by two rival factions belonging to two different villages situated at a small distance from each other which were involved in the occurrence in question dated February 4, 1965. 238 and 249 of 1965. They were further charged under s. 307, I.P.C. 83 of 1968 . They met at the prayer time but they apparently remained peaceful at that auspicious moment. After companysidering the arguments addressed before it the High Court companysidered one basic fact to be clear that numbere of the witnesses had seen how the assault had started and all that companyld be said was that somehow the quarrel did start between the two factions. Ganpat Rai and S. K. Sabharwal, for the appellants in Cr. The incident giving rise to the two cross cases which are the subject matter of the two appeals before us took place on February 4, 1965 which was the day of id. CRIMINAL APPELLATE JURISDICTION Criminal Appeals Nos. Appeals by special leave from the judgment and order dated February 27, 1967 of the Madhya Pradesh High Court, Indore Bench in Criminal Appeals Nos. L. Kohli, for the appellants in Cr. The Judgment of the Court was delivered by Dua, J. N. Shroff and 1. N. Shroff , for the respondent in both the appeals . It was on this basis that both parties were companyvicted as already stated. A. No.
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1971_452.txt
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All others from the same merit list declared on 1.10.1993 were appointed on 2.6.1994. They pointed out that but for the litigation, they would have been appointed along with the other 16 candidates on 2.6.1994 and as their selection was in regard to vacancies which were numberified in January, 1992, they should be given seniority above those who were appointed against subsequent vacancies. But the question here is in regard to seniority of the respondents 4 to 16 selected on 1.10.1993 against certain vacancies of 1992 93 who were number appointed due to litigation, and those who were selected against subsequent vacancies. The State Government companysidered and accepted their request and fixed their position immediately after the 16 candidates who were appointed from the same merit list on 2.6.1994. The Commission declared the merit list of 30 selected candidates on 30.9.1993 published on 1.10.1993 , which included Respondents 4 to 16. It held that appointments of respondents 4 to 16 were in regard to an advertisement issued prior to the advertisement, in response to which the appellants were selected that the actual appointment of respondents 4 to 16 was delayed number for want of any vacancies but on account of litigation which were beyond their companytrol that but for the decision rendered by the learned Single Judge on 4.4.1994 declaring selections beyond 18 to be illegal, they would have been appointed on 2.6.1994 when the other candidates from the said merit list were appointed and that therefore, the State Government was justified in giving respondents 4 to 16 benefit of numberional seniority with effect from 2.6.1994 and placing them above the appellants who were appointed against subsequent vacancies advertisements. In the meanwhile, in view of the order of the learned Single Judge, the State Government appointed only 16 candidates from the list of 30 by order dated 2.6.1994. The appellants, appointed as Principals between 1995 and 2000 either by direct recruitment or promotion are aggrieved by the seniority given to respondents 4 to 16 appointed as Principals on 26.5.2000, with retrospective effect from 2.6.1994. The State Government appointed only 16 as against 18 permitted by the High Court, number for want of vacancies but on account of some technical difficulty in appointing other two candidates. Respondents 4 to 16 were applicants against the said advertisement and underwent the process of selection. Respondents 4 to 16 who were denied appointments, though their names were in the selected merit list of 30 candidates, challenged the order dated 18.1.1999 of the Division Bench. Considering a similar situation, this Court, in Surender Narayan vs. State of Bihar 1998 5 SCC 246, held that candidates who were selected against earlier vacancies but who companyld number be appointed along with others of the same batch due to certain technical difficulties, when appointed subsequently, will have to be placed above those who were appointed against subsequent vacancies. However, before the State Government companyld make appointment in terms of the said list, a number selected candidate filed WP No.12700 of 1993 companytending that only 18 posts were numberified and the Commission companyld number make recommendations for selection of 30 candidates. emphasis supplied In pursuance of the said judgment, the State Government by order dated 26.5.2000 appointed respondents 4 to 16 as Principals. The said respondents gave several representations dated 19.7.2000, 5.9.2000, 4.10.2000, 10.10.2000 and 11.10.2000 for fixing their seniority with reference to the merit list published by the Commission on 1.10.1993. The said writ petition was allowed by a learned Single Judge of the Punjab Haryana High Court on 4.4.1994 and the recommendations in excess of the 18 vacancies were quashed on the ground that the Commission companyld number make recommendations beyond the number of posts advertised. On 1.6.1993, the State Education Department made a fresh requisition to the Commission in regard to additional vacancies, thereby increasing the posts to be filled to 37. The Haryana Public Service Commission the third respondent Commission for short issued an advertisement in January, 1992 inviting applications for 18 posts of temporary Principals in higher secondary schools. Feeling aggrieved the appellants filed CWP No.18727 of 2003 before the Punjab Haryana High Court. The advertisement made it clear that the number of posts advertised was subject to variations to any extent. This Court by interim order dated 10.5.1999 directed that 12 vacancies may number be filled until final disposal by this Court. This appeal by special leave is preferred by the writ petitioners in CWP No.18727 of 2003 being aggrieved by the dismissal of their writ petition by the Punjab Haryana High Court by judgment dated 5.10.2004. Ultimately, this Court disposed of the appeals filed by respondents 4 to 16 Civil Appeal Nos.6976 6977 of 1999 by order dated 6.12.1999, reversing the decision of the High Court and dismissing the writ petition before the High Court. A Division Bench dismissed the appeal against the judgment of the learned Single Judge on 18.1.1999. The High Court rejected the writ petition by the impugned order dated 5.10.2004. The said decision is challenged by the appellants reiterating the companytentions urged before the High Court. There is numberdispute about these general principles. V. Raveendran J.
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2008_2604.txt
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In the writ petition, the petitioner had asked for establishment of separate educational institutions for t he children of prostitutes and for various other reliefs companycerning children of prostitutes. in the judgment delivered by Ramaswamy, j., apart from a discussion of the plight of prostitutes and their children, various directions have ben given, including directions for the companystitution of a companymittee as set out in the judgment, to examine the plight of children of the prostitutes as also the problems of the prostitutes themselves and to devise ways and means for amelioration of their companydition and for prevention and eradication of prostitution. 824 of 1988, Gaurav Jain v. Union of India Ors. The petition was heard and disposed of by a Bench of two judges Ramaswamy and Wadhwa, JJ. This is a somewhat unusual review petition filed by the Supreme Court Bar Association and supported by Gaurav Jain, the original petitioner, in respect of a decision of a Bench of two judges of this companyrt, Ramaswamy and Wadhwa, JJ. The original writ petition under Article 32 of the companystitution was filed as a public interest litigation by Gaurav Jain, an advocate of this Court. Mrs. Sujata V. Manohar, J. and reported in 1997 8 SCC 114. in writ petition c No. By an order dated 5th of January, 1998 this review petition has been directed to be heard by a Bench of there judges of this Court. Hence the petition has been placed before us.
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1998_282.txt
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1973 amended the provisions of the east punjab molasses companytrol act. the amendment act. challenged only the amendment act 1973 and have significantly number challenged the earlier or subsequent amendments. number 1378 of 1973.
l. sanghi vivek gambhir dhruv mehta s.k. the judgment of the companyrt was delivered by thommen j. this appeal by special leave arises from the judgment of the punjab haryana high companyrt in civil writ petition number 1378 of 1973.
the appellants in the writ peti tion challenged the companystitutionality of the east punjab molasses companytrol amendment act. 1948 east punjab act number 11 of 1948 hereinafter referred to as the principal act . gambhir and surender karnail for the appellants. 1973 hereinafter referred to as the amendment act 1973 on the ground that the said amendment had number re ceived the previous sanction of the president of india in terms of article 304 b of the companystitution. the principal act had been earlier amended in 1950. 1980 of the punjab and haryana high companyrt in c.w.p. 1964 and 1968.
it was subsequently amended in 1976.
the appellants have. civil appellate jurisdiction civil appeal number 1372 of 1980.
from the judgment and order dated the 19.5. rejecting the appellants companytentions. m. nayar for the respondents. as it stood at the relevant time. however.
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1990_354.txt
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18664/1/08 titled as MK Bhatla V. Chitvan Sharma ors. Respondent has filed a petition u s 125 Criminal Procedure Code, 1973 being case No.435 of 2007 titled as Bhavna Bhatla Aviral Bhatla, pending before Ms. Saroj Maheshwari Jain, Chief Judge, Family Court, Gwalior MP . The details of the litigations between the parties are as follows The petitioner has filed a case petition under Section 13 1 ia read with Section iii of the Hindu Marriage Act, 1955 titled Aviral Bhatla v. Bhawna Bhatla bearing case No.48/07 which is pending in the companyrt of Mr. Ashok Bhardwaj, ASG Gurgaon, Haryana. 501 a /07 against the Petitioner pending before Ms. Saroj Maheshwari Jain, Chief Judge, Family Court, Gwalior. These transfer petitions have been filed by Aviral Bhatla hereinafter referred to as the husband seeking transfer of several cases pending before learned Chief Judge, Family Court, Gwalior, in proceedings under Section 9 of the Hindu Marriage Act, 1955 in short the Act and Section 125 of the Code of Criminal Procedure, 1973 in short the Code . The Petitioner has filed two Transfer Petitions bearing TP C number 1052 of 2008 and TP Cr1 No.431 of 2008 before this Court inter alia praying transfer of the petition u s 9 of the Hindu Marriage Act, 1955 filed by the Respondent pending before the Chief Judge, Family Court at Gwalior and transfer of proceedings under section 125 Criminal Procedure Code, 1973 filed by Respondent pending before the Chief Judge, Family Court at Gwalior MP . Respondent has filed a petition for restitution of companyjugal rights under section 9 of the Hindu Marriage Act, 1955 in Gwalior bearing No. Similarly, petitioner and his family members will also have numberclaim against the respondent and her family members. The agreed terms of settlement are as follows That the Petitioner agrees and undertakes that he shall pay an amount of Rs.12 lacs Rupees Twelve Lacs to Respondent in the form of a Pay Order in favour of Ms. Bhavna Bhatla, at the time of making of statements grant of divorce quashing of all the criminal and civil proceedings as a full and final settlement of all her claims. 68/2007 dated 26.11.2007, against Petitioner and his family members under Section 406 r w 34 and 498A of the IPC read with section 4 of Dowry Prohibition Act which is pending investigation in Mahila Police Station Padav, Gwalior. That petitioners father has filed a case bearing Case No. Further more the petitioner agrees and undertakes to hand over all the household articles as mentioned in settlement agreement dated 14. Respondent has filed a case under The Protection of Women from Domestic Violence Act, 2005 being companyplaint case number 3086/1/2007 dated 03.11.07, under section 12 of the Domestic Violence Act, which is pending in the companyrt of Ms. Veena Rani Metropolitan Magistrate at Patiala House, New Delhi. The parties were married on 20.1.2006 at Surajkund, Haryana. It appears that after the transfer petitions were filed before this Court, learned companynsel for the parties made efforts to bring about a companyprehensive settlement of the disputes relating to the matrimonial discord. 11.08 before Ld. The said proceedings have been stayed by this Honble Court in the Transfer Petition No. 1052/2008. 431/2008. Respondent has filed an FIR bearing No. It appears that there were some irreconcilable differences between the parties and despite companycerted and serious efforts the parties were number able to resolve their disputes and were living separately since 10.10.2007. The Mediation Centre of the Delhi High Court also played a vital role in arriving at a settlement. Dr. ARIJIT PASAYAT, J.
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2009_234.txt
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A. N. 81 SB of 1992 and the Criminal Revision was numbered as Crl. 580 of 1992. Rev. Law was set into motion by the appellant alleging that while he was spraying his paddy crop in his field, the accused had fired several shots resulting in major or minor injuries to him. The appellant also filed a Criminal Revision under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 in short the Code Appeal was numbered as Crl. 2004 Supp 3 SCR 356 The Judgment of the Court was delivered by ARIJIT PASAYAT, J. Both the appeal and the revision have been disposed of by the companymon judgment which is impugned in the present appeals. The present appeals are by the informant against the respondents hereinafter referred to as the accused . Leave granted.
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2004_958.txt
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C No.22588 of 2001 Syed Shah Mohammed Quadri, J. , for recovery of Rs.33,661. C 470, Sarita Vihar, Ground Floor, New Delhi 110 004, from the respondent landlord for a period of nine months under an agreement of lease reduced to writing on November 26, 1993. Alleging that the appellant did number pay the electricity and water companysumption charges for the period starting from November 26, 1993 to January 11, 1997, the respondent filed suit No.597 of 1997 in the Court of Senior Civil Judge, Delhi, under Order 37 of Code of Civil Procedure C.P.C. After the expiry of the term of tenancy she companytinued to occupy the said premises as tenant till January 11, 1997. On the ground that on April 21, 1999 summons for judgment was sent by registered post A.D. to the appellant pursuant to the order of the Court dated April 16, 1999 the Court drew inference of deemed service on him, proceeded with the case and decreed the suit ex parte on August 12, 1999. Aggrieved by the order of the trial companyrt, the appellant filed revision C.R.No.138 of 2001 in the High Court, which was also dismissed on October 15, 2001. in the trial companyrt to set aside the ex parte decree. The appellant tenant had taken on rent residential flat No. J U D G M E N T Arising out of S.L.P. The appellant, however, filed application under Rule 4 of Order 37 P.C. That order of the High Court is assailed in appeal before us. The facts relevant for the disposal of this appeal may be numbered here. Leave is granted.
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2003_224.txt
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They were shown the bottle by the companyplainant. chilled bottle of Lehar Pepsi for drinking. Nitin Sachdeva is stated to have Accused named as No.1 sold the bottle to the companyplainant. The allegation in the companyplaint is that companyplainant was sold a bottle of beverage under the brand Lehar Pepsi which was adulterated. Suspecting adulteration, the companyplainant told Nitin Sachdeva that he would take sample of the beverage for analysis. Nitin Sachdeva also informed the companyplainant that marketing of Lehar Pepsi was done by Taj Service Ltd. Lucknow Accused No.4 . Nitin Sachdeva told the companyplainant with the bottle was supplied by the distributor A.Kumar Company, Lucknow whose proprietor was A.K. Nitin Sachdeva signed the jars and put stamp of his shop thereon. After he had companysumed the beverage companytained in the bottle, the companyplainant felt a strange taste. The bottle was purchased by the companyplainant on September 13, 1993. The beverage was put in two glasses to see the while particles clearly and Nitin Sachdeva accepted the presence of the particles. The companyplainant was also told that A.K. Yet, on further enquiry, the companyplainant learnt that bottling of Lehar Pepsi was done by Residency Foods and Beverages Ltd., Jaunpur Accused No.6 and mr.
N.K. Another shopkeeper by the name Lal Bahadur Singh who owned a shop opposite to from where the companyplainant purchased the Lehar Pepsi bottle was also present. The companyplainant says that the three jars were sealed in the presence of the witnesses and he also recorded their statements in writing including that of Nitin Sachdeva. Crown cap of the bottle had the words Residency Foods and Beverages, Sataria, Jaunpur printed. The companyplainant felt giddy and nauseated. Gurmany has been pleaded as Accused No.9 being the Director of Residency Foods and Beverages Ltd. The companyplainant then started making enquiries. The companyplainant obtained the stamp of the shop The Flavour Fast Food and Cool Corner on a separate paper and one jar of the sample with stamp used in the sample was deposited by the companyplainant in he office of the State Public Analyst, Uttar Pradesh, Lucknow on September 20, 1993 for analysis. The companyplainant then states that upon enquiry and information from A.K. From A.K Jain, the companyplainant learnt that Anil Nigam Accused No.5 was the person responsible for the companyduct of business of Taj Services Ltd. Jain, it was learnt that the manufacturer of the bottle of sample is Pepsi Foods Ltd., New Delhi Accused No.10 and its incharge and the person responsible for companyduct of business is Ravi Dhariwal, Executive Director Accused No.11 and M. Sinha Accused No.12 its Managing Director. He thereupon gave numberice to Nitin Sachdeva, purchased three clean and dry empty new plastic jars from hereby Suri Stores and filled up the same with the beverage and which, according to the companyplainant, were sealed as per rules, wrapped in the paper and tied with thick yearn. On observation, he found that the bottle companytained many white particles. On September 13, 1993, he went to a shop known as The Flavours Fast Food and Cool Corner and purchased 500 m1. The companyplainant also made a report to the Police on September 13, 1993 itself about the incident. The second respondent is the companyplainant and the third respondent is the State of Uttar Pradesh. Jain was the person responsible for companyduct of the day to day business of A.K. Ghazipur annexure 4, cash memo issued by the vendor annexure 5, statement of Executive Director of Pepsi Foods Ltd. annexure 6, report of the Public Analyst annexures 7A and 7B and prescriptions of the doctor for treatment have been filed. The prayers in the writ petition were worded as under a issue a writ of prohibition or a writ, order or direction in the nature of prohibition, prohibiting the Opposite Party Number 1 to proceed with case No.699 of 1994 Anurag Narain vs. Nitin Sachdeva and others b issue a writ of certiorari or a writ, order or direction in the nature of certiorari quashing the proceedings in Case o. Jain Accused No.2 and 3 . In the order dated May 9, 1994, summoning the accused, the 1st respondent very breifly records the averments made in the companyplaint and then numberes as under In support of the companyplaint allegations, the Complainant has recorded his statement and presented the statement on oath of the witness Lal Bahadur Singh and as documentary evidence numberice annexure 1, receipt for deposit of the bottle of sample for analysis with Public Analyst annexure 3A and application to the Public Analyst for analysis annexure 3B, report of the incident with O.S. Hariharan Accused No.7 was the manager and person responsible for the companyduct of day to day business of the said companypany and Mark Yadav Accused No.8 was the Distribution Manager of that Company. He filed the companyplaint on May 6, 1994. R.K. Virmani, Rizvi, P.Varma, Advs.,
with him for the appellant In person for the Respondent No.2 Yogeshwar Prasad, Sr.
and A.S. Pundir, Adv. 699 of 1994 together with the companysequential order dated 9.5.1994 and the companyplaint dated 6.5.1993 in so far as it pertains to the petitioners c issue a writ of mandamus or a writ, order or direction in the nature of mandamus companymanding the Opposite Party Number 1 number to proceed with the Case No.699 or 1994 during the pendency of the aforesaid writ petition d issue any other appropriate writ, order or direction which this Honble Court may deem just and necessary in the circumstances of the case may also be passed and e to allow the writ petition with companyts. One Divya Trivedi was present at the shop as a customer. After recording preliminary evidence the Magistrate passed orders summoning the appellants and others on May 9, 1994. The appellants sought quashing of the companypliant filed against them under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954 for short the Act . There are two appellants, second appellant is the Managing Director of first appellant, The respondents are three. Kumar and Company. The appellants are aggrieved by the judgment dated September 23, 1996 of the Division Bench of the High Court of Judicature at Allahabad Lucknow Bench dismissing their writ petition filed under Articles 226 and 227 of the Constitution. First respondent is the companyrt where the appellants alongwith others have been summoned for having companymitted offences under Sections 7/16 of the Act. V.S. 1 and 3 J U D G M E N T The following Judgment of the Court was delivered P. Wadhwa, J. with him for the Respondent No. Leave granted.
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1997_1043.txt
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the registrar of firms societies and chits was of the opinion that the scheme of the companypany falls within the prohibited category of prize chits as defined under the act. the nature of business of the companypany is termed as a scheme for investment. pressure companykers rs.175 each rs.525 s number. the companypany mainly carries on business at lucknumber. of uttar pradesh and directed against the judgment and order passed by the high companyrt of allahabad in writ petition number 630 of 1982.
the said writ petition was filed by the respondent which is a partnership firm called as m s. secured investment companypany the companypany . challenging the action of the registrar the companypany moved the high companyrt with a writ petition under art 226 of the companystitution. alarm clocks rs.90 each rs.540 total rs. the following judgment of the companyrt was delivered by f jagannatha shetty j. this appeal by special leave is by the registrar of firms societies and chits of the state. 230 each rs.460 7. civil appellate jurisdiction civil appeal number 1988 of 1982.
from the judgment and order dated 20.4.1982 of the high court of allahabad in writ petition number 630 of 1982.
e anil dev singh and mrs.
shobha dikshit for the appellant. loo each set rs.500 9. the high companyrt allowed the writ petition and quashed the orders made by the registrar. steel thali sets rs. m. singhvi and c.l. it has branch offices at kanpur and bareilly. sahu for the respondent. so he seized all the documents of the company and also directed the companycerned banks number to have accounts in relation thereto. 6 number. 3 number.
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1987_463.txt
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8905/90 and 491/91, the petitioners are Major G.S. Major G.S. Sodhi and Lt.
S.K. Sodhi has put in about 17 1/2 years of service and was also awarded some medals for his meritorious service. Duggal respectively. They were tried by companyrt martial and ultimately were removed from service. In these two criminal miscellaneous petitions the companymon prayer is for ordering instantaneous release of the petitioners provident fund, gratuity and pension. The two petitioners herein have put in number of years of service. Therefore their services upto the date of punishment have been satisfactory. 478/89 and 525/88 respectively and they were dismissed by a companymon judgment of ours dated 30th November, 1990. In these two Criminal Miscellaneous Petition Nos. However, we do number propose to examine the other provisions of the Army Act or Rules or Regulations in view of the fact that this Court on two earlier occasions granted similar relief to the officers who were companyrt martialled and removed from service. Jayachandra Reddy, J. Both of them had filed Writ Petition Crl.
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1991_113.txt
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In regard to the plea that the respondent wanted to reconstruct the shop the Rent Controller found that the evidence adduced by respondent 1 in support of the said plea had been created as a camouflage and that the said plea was a false pretext to obtain the eviction of the appellant. The Rent Controller upheld the companytentions of the appellant and rejected all the pleas made by respondent 1. In respect of the last plea raised by respondent I about the rebuilding of the shop the appellate companyrt observed that respondent I had got the plan approved and had also got the sanction from the Municipal Committee to re companystruct the building so as to be able to make a ground for getting the appellant ejected from the shop. 14/14 of 1958. Respondent 1 purchased the shop on June 15, 1956, and soon thereafter he applied to the Rent Controller for the eviction of the appellant under s. 13 of the East Punjab Urban Rent Restriction Act, 1949 3 of 1949 hereinafter called the Act . This claim was resisted by the appellant who disputed the companyrectness and the validity of all the pleas taken by respondent 1. The High Court companyfirmed the findings of the companyrts below on the first three pleas raised by respondent The last plea raised by respondent 1, however, was upheld by the High Court with the result that the revisional application preferred by respondent I was allowed and his claim for evicting the appellant was decreed. On these findings the application made by respondent I for evicting the appellant was dismissed. His appeal, however, failed since the appellate companyrt companyfirmed all the findings made by the Rent Controller. This appeal by special leave arises from ejectment proceedings taken by Suraj Bhan respondent 1 against the appellant Moti Ram in respect of a shop situated in the urban area of Gurgaon which has been in the occupation of the appellant as a tenant for more than twenty years on a monthly rental of Rs. This appellate decision was challenged by respondent I by his revisional application in the High Court of Punjab at Chandigarh. Achhru Ram and K. P. Gupta, for respondent No. Before the written statement was filed by the appellant on November 14, 1956, the Act was amended by amending Act 29 of 1956 on September 24, 1956. 613 of 1958, arising out of the Judgment and order dated the August 19,1958 of the District Judge, Gurgaon, in Civil Appeal No. S. Bindra and P. C. Aggarwala, for the appellant. 524 of 1959. Respondent I then appealed to the District Court against the said decision. Appeal by special leave from the judgment and order dated August 7,1959 of the Punjab High Court in Civil Revision No. Civil Appellate Jurisdiction Civil Appeal No. This application was based on four grounds. It is this decree which is challenged before us by the appellant in the present appeal. The Judgment of the Court was delivered by GAJENDRAGADKAR, J. 1960 February 3.
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1960_5.txt
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1617 of 1996 and CWJC Now 602 of 1996. An in depth investigation into the Fodder Scam was called for . The High Court by an order dated 1l.3.1996 directed the investigation to be entrusted to the Central Bureau of Investigation CBI and further directed as under I would accordingly direct the Central Bureau of Investigation CBI through its Director to enquire and scrutinise all cases of excess drawals and expenditure in the Deptt. The entire investigation number stands entrusted to the CBI as aforesaid. 1996 3 SCC 682 at 684 685 Pursuant to the above order of this Court the CBI has been reporting the progress of the investigation to the Chief Justice of the Patna High Court. also of the opinion that, to alleviate the apprehensions of the state about the companytrol of the investigation by the CBI, it should be under the overall companytrol and supervision of the Patna High Court. 5177 of 1996 and 5178 83 of 1996 were filed by special leave in this Court. of Animal Husbandry in the State of Bihar during 1977 78 to 1995 96 and lodge cases where the drawals are found to be fraudulent in character and take the investigation in those cases to its logical end as early as possible, preferably, within four months. After the investigation is over and reports are finalised, as indicated by the. 1617 of 1996 and 602 of 1996 were filed in the Patna High Court alleging large scale misappropriation of public funds to the extent of several hundred crores of rupees by indulging into fraudulent transactions and falsification of accounts in the Animal Husbandry Department in the State of Bihar over a long period between the years 1977 78 to 1995 96 which has companye to be known as Fodder Scam. The Joint Director of the CBI, Dr. U.N. Biswas, submitted a report of the investigation carried out by him to the Chief Justice of the High Court on 3.10.1996 and also made an application for extension of time since the High Court had directed companypletion of the investigation preferably within period of four months in its order dated 11.3.1996. Emphasis supplied State of Bihar Anr. investigation by the State police in cases already instituted shall remain suspended, is modified. Ranchi Zila Samta Party Anr. These appeals by special leave are against the order dated 7.10.1996 passed by the Patna High Court in CWJC No. on 4.10.1996 according to the order of the Chief Justice of the High Court. Mukhopadhayaa, JJ. Writ Petitions numbered as CWJC Nos. This application for extension of time was listed for hearing before a Division Bench of the High Court Coram S.N. Jha, and S.J. The High Court and the State Government shall companyoperate in assigning adequate number of special judges to deal with the cases expeditiously so that numberevidence may be lost. Division Bench of the High Court in the impugned judgment, expeditious follow up action shall be taken. The order of the Division Bench of the High Court in paragraph 54, to the effect that. This Court disposed of these appeals by order dated March 19, 1996.
directing as under We. Aggrieved by this order of the High Court, Civil Appeal Nos. These appeals are preferred against this order of the High Court. The material facts leading to these appeals, in briefs are stated here after. Leave granted.
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1996_1566.txt
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Sheo Shankar Singh and Narmedeshwar Pd. Singh and Sheo Shankar Singh. Singh and Sheo Shanker Singh. Singh. Disputes between the original allottee and the appellant Sheo Shankar Singh and his father Narmedeshwar Pd. Jai Shankar Singh, it is numbereworthy, is numbere other than the brother of appellant Sheo Shankar Singh. Zahid, Premjeet Singh and Uma Shankar Singh dismissed. Accused Uma Shankar Singh, Premjee Singh and Md. Singh Chora Master, Bijay Singh and Md. The witness also identified in the Court Sheo Shankar Singh as the person driving the motorcycle and Umesh Singh as the person who had fired the bullets that killed the deceased. The witness admits that he had lodged a criminal case against Sheo Shankar Singh, Rama Shanker Singh and Rajesh Singh and that another case was filed against Narmedeshwar Pd. The witness denied that the petrol pump had been installed with the help of the money provided by Sheo Shanker Singh and Narmedeshwar Pd. Singh also. Similarly, accused Narmedeshwar Pd. Criminal Revision Petition No.135 of 2004 was filed by Apurba Ghosh against the acquittal of accused Uma Shankar Singh, Premjeet Singh and Md. Singh illegally. The witness further states that appellant Sheo Shankar Singh took the motorcycle to the left of the motorcycle on which the deceased was travelling whereupon appellant Umesh Singh who was sitting on the pillion fired two shots because of which the deceased fell down on the south side of the G.T. Criminal Revision Petition No.135 of 2004 against the acquittal of Uma Shankar Singh, Premjeet Singh and Md. Aamlal Kisku had in that companynection taken the help of the deceased who had with the help of the police and local administration secured the restoration of the petrol pump to Shri Kisku which annoyed the appellant Sheo Shankar Singh and his father Narmedeshwar Pd. Singh of Nirsa, as its owner. The companyviction of appellants Sheo Shankar Singh and Umesh Singh was upheld by the High Court and the sentence imposed upon them enhanced to the sentence of death by hanging. The witness also denies the suggestion made to him that he had old friendship with appellants Umesh Singh and Sheo Shankar Singh or that he had been frequently visiting the house of both the appellants. At about 1.15 p.m. Sheo Shankar Singh was again seen by these two witnesses going towards Govindpur on the same motorcycle with a person sitting on the pillion seat. The motorcycle of appellant Sheo Shankar Singh stopped at a short distance whereupon the appellant Umesh Singh got down from the motorcycle and came to the place where the deceased was lying and then fired another shot at him, pushed him so that his body rolled down the slope. Singh and Nooren Master were both sent to jail. The trial companyrt by its judgment dated 18th November, 2003 found the appellants Sheo Shankar Singh and Umesh Singh guilty of the charges under Section 302/34 IPC. Singh and Nooren Master in companynection with the said cases. The seizure of the T shirt and the Jeans worn by Apurba Ghosh PW16 with bloodstains on the T shirt, scratches damaging the T shirt near the left shoulder and the Jeans on the left knee also companyroborates the prosecution version that when hit by the bullet fired by the pillion rider of the motorcycle driven by appellant Sheo Shankar Singh, the motorcycle on which the deceased was travelling lost its balance bringing both of them down to the ground and causing damage to the clothes worn by Apurba Ghosh PW16 and injuries to his person. It is also evident that to establish and run the said petrol pump Aamlal Kisku had taken the help from Shri Narmedeshwar Pd. So threatened the informant hurried away from the spot whereupon Umesh Singh appellant fired a third bullet at the deceased, pushed his dead body down the side slope of the road, walked back to the motorcycle whose engine was kept running by Sheo Shankar Singh and fled towards Nirsa. Apurba Ghosh PW16 apart from being an eye witness to the incident also mentions about a petrol pump situated on G.T. Road at Nirsa owned by a person belonging to Scheduled Tribe companymunity but was being run by Narmedeshwar Pd. From the motorcycle was recovered a certificate of registration and fitness showing the name of Jai Shankar Singh, son of N.P. Criminal Revision Petition No.136 of 2004 seeking enhancement of sentence imposed upon Umesh Singh and Sheo Shankar Singh has been companysequently allowed by the High Court while Criminal Revision Petition No.135 of 2004 filed against the acquittal of three other accused persons Md. He also did number know whether sales tax registration was in joint names and whether the land belonged to Sheo Shankar Singh. Out of the remaining six accused persons, the trial companyrt found Narmedeshwar Pd. By a separate order dated 20th November, 2003 passed by the Trial Court, appellants Sheo Shanker Singh and Umesh Singh were sentenced to undergo rigorous imprisonment for life. Appellant Umesh Singh was further held guilty of the charge under Section 27 of the Arms Act. Appellant Umesh Singh was further charged with an offence punishable under Section 27 of the Arms Act. Subsequently Sheo Shanker Singh appellant started treating him like a labourer and did number render any accounts regarding the petrol pump. The statement of Apurba Ghosh companystituted the First Information Report in the case which was signed number only by Apurba Ghosh but also by Abdul Kudus Ansari PW1 and Lal Mohan Mahto PW2 . Some people are said to have run towards them but were scared away by Umesh Singh with the gun. A crowd is said to have gathered on the spot that included Abdul Kudus Ansari PW1 and Lal Mohan Mahto PW2 who disclosed that they had seen Sheo Shankar Singh and one unknown person moving on a motorcycle without a registration number sometime before the occurrence. The motorcycle did number have a registration number. By the judgment and order impugned in these appeals the High Court acquitted Narmedeshwar Pd. Since he was number familiar with the business in the sale of oil and lubricants he had taken help from Narmedeshwar Pd. The third aspect on which the prosecution has led evidence and which we need to examine before we go to the deposition of the eye witnesses is the medical evidence, supporting the version of Apurba Ghosh PW16 that he had sustained injuries when he fell down from the motor cycle after the deceased had been shot by the appellant Umesh Singh. On 15th April, 2000 investigation was taken over by Shri Raja Ram Prasad PW18 who on 16th April, 2000 seized the black companyoured Bajaj Caliber motorcycle allegedly being driven by appellant Sheo Shankar Singh at the time of the companymission of the offence. Blood stained T Shirt and a light blue companyoured jeans worn by Apurba Ghosh were also seized, besides blood stained earth from the place of occurrence. In addition, a Test Identification Parade was got companyducted in which Abdul Qudus Ansari PW1 identified the accused appellant Umesh Singh. The making of the requisition, the medical examination of the injured, the presence of injuries on his person have been, in our opinion, satisfactorily proved by the prosecution and go a long way to support the prosecution version that Apurba Ghosh PW16 was driving the motorcycle at the time of the incident and had sustained injuries once he lost his balance after the deceased sitting on the pillion was shot by the appellant Umesh Singh. Appellant Umesh Singh was in addition sentenced to undergo rigorous imprisonment for three years under Section 27 of the Arms Act. There is also evidence to the effect that the deceased had acted against what has been described as companyl mafia of Dhanbad with the help of police and administration to prevent the companyl theft in the region and the steps taken by the deceased had resulted in the arrest of Narmedeshwar Pd. In addition and more importantly is the seizure of light green T shirt of the companyplainant Apurba Ghosh PW 16 with blood stains at the arm and back thereof. The witness also refers to a statement made by the deceased regarding companyl theft 5 or 6 days before the incident in question as a result whereof Narmedeshwar Pd. Briefly stated the prosecution case is that on 14th April, 2000, the deceased Shri Gurudas Chatterjee, a sitting member of Jharkhand State Legislative Assembly was returning to Nirsa from Dhanbad riding the pillion seat of a motorcycle that was being driven by the first informant Apurba Ghosh, examined at the trial as PW 16. On hearing a rumour about the killing of the deceased MLA, Sub Inspector of Police Ramji Prasad PW17 rushed to the spot and recorded the statement of Apurba Ghosh PW16 in which the informant narrated the details of the incident as set out above. Singh and that the cases referred to by him had been lodged against the said two persons on the incitement of others. Blue companyoured jeans worn by the witness was also seized with a tear on the left knee. These appeals by special leave are directed against a companymon judgment and order dated 6th May, 2005 passed by the High Court of Jharkhand at Ranchi whereby the companyviction of appellant Sheo Shankar Singh under Section 302 read with Section 34 IPC and that of appellant Umesh Singh under Section 302 read with Section 34 IPC and Section 27 of the Arms Act have been companyfirmed and the sentence of rigorous imprisonment for life imposed upon the said two appellants by the Trial Court enhanced to the sentence of death. At about 2.45 p.m. when the duo reached a place near Premier Hard Coke, Apurba Ghosh, the informant heard the sound of a gunshot from behind. The deposition of Abdul Qudus PW1 and Lal Mohan Mahto PW2 support these seizures which companyroborate the version of the prosecution that the occurrence had taken place at the spot from where the dead body, the motorcycle, the empty cartridges and the blood stained earth were seized. He further stated that he was given treatment for the injuries sustained by him and that his bloodstained clothes as also the motorcycle were seized. Singh had, however, arisen and manifested in the form of civil and criminal cases between them. Road at Nirsa stood in the name of Aamlal Kisku which had been allotted in his name in the Scheduled Tribes quota. Nooren Master were sentenced to undergo rigorous imprisonment for life under section 302/120B IPC. bullet engraved with HP 59/2 at the bottom from the spot, apart from the red Hero Honda splendour motorcycle bearing registration No. There is thus evidence to prove that a petrol pump situated at G.T. Nooren Master guilty of the charge under Section 302 read with Section 120B of the IPC. The deceased fought against them with the help of Police and local administration because of which the ownership of the petrol pump was got restored to the owner companycerned. Nooren Master and allowed criminal appeals No.43 and 78 to that extent. This seizure was made on 16th April, 2000 at 2.20 p.m. From a reading of the seizure memo it is evident that the motorcycle was a black companyour, Caliber Bajaj make with numberregistration number on the plate. The police recorded his statement one and half months after the occurrence at Nirsa. The T shirt is torn near the left shoulder. An abrasion about x injury on the left knee it. Zahid, while Criminal Revision Petition No.136 of 2004 prayed for enhancement of the sentence imposed upon the appellants from life to death. bullets with HP 59 II and Triger mark on them were seized from the place of occurrence. He, therefore, made companyplaints to the companypany and approached late Gurudas Chatterjee MLA, and it was after long efforts that the petrol pump was restored to the witness. WB 38 E 7053 on which the deceased was travelling at the time of occurrence. This is evident from the seizure memo marked Exh.1/9. Zahid were, however, acquitted for insufficiency of evidence against them. Apart from the seizure mentioned above, the prosecution has led evidence to prove that the empty cartridges of 9 M.M. Abrasion about in radius on circular in size and blackish crust on the left shoulder. Zahid was, however, dismissed and their acquittal affirmed. The witness proved the statement recorded by the investigating officer after the police arrived at the spot, which statement has been marked Exh.1/6. Based on the said statement FIR a case under Section 302/34 and 120B of IPC and Section 27 of the Arms Act was registered in Police Station Govindpur and the investigation companymenced. At the trial the prosecution examined 20 witnesses while the accused remained companytent with two in defence. Road. He did number lodge any report in the police station but the witness told his wife, son and father about the occurrence. Complain of body ache. One of the empty cartridges was recovered from near the dead body while the other was recovered from the mud footpath on the southern side of the road. An abrasion on the lateral malloouo of left leg which is x size. The accused were companymitted to the Court of Sessions at Dhanbad who made the case over to the Court of Additional Sessions Judge XIII, Dhanbad for trial before whom the accused pleaded number guilty and claimed a trial. And blackish companyour. Aggrieved by their companyviction and sentence, the appellants herein and the other three companyvicts filed criminal appeals No.43 and 78 of 2004 before the High Court of Jharkhand at Ranchi. The witness was cross examined extensively but his deposition has been accepted by the Courts below who have found the version to be both companysistent and reliable. In the companyrse of the investigation an inquest report was prepared by BDO, Shishir Kumar Sinha, while the investigating officer seized two empties of 9 M.M. He knew the deceased for the last 10 12 years prior to the occurrence but had number visited his house. Apart from the fact that cause of the homicidal death was never questioned by the accused before the trial companyrt, the appellate companyrt or even before us, the line of cross examination of the doctor who companyducted the post mortem examination too does number question the veracity of the opinion of the medical expert that the deceased had died because of the gunshot injuries received by him. After companypletion of the investigation a charge sheet was eventually filed against the accused persons for offences punishable under Section 302/34/120B and 201 of the Indian Penal Code. He was summoned to the police station in the month of April 2000 but companyld number meet the officer in charge. The certificate goes on to state that the injuries had been sustained within 8 hours and had been caused by hard and blunt substance. semi digested rice and sag. On dissection Multiple fractures of frontal and both parietal bones were found Stomach companytain about 100 M.L. S. THAKUR, J. The present appeals assail the companyrectness of the said judgment and order as numbericed above.
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2011_915.txt
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