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It was denied that there was any Sat Sangee Satra of Bhanukuchi. The grant was companytemporaneous with the establishment of the Satra. The Sat Sangee Satra to be established on the basis of this grant was known as Bhanukuchi Satra along with a Nam ghar. The appeal was allowed and a decree was granted for a declaration that the disputed land was the Dharmottar property of the Bhanukuchi Sat Sangee Satra and that the plaintiffs were the Bhakats of that Satra having a right to perform religious functions prescribed for them in the Satra. After companysidering the entire evidence, he came to the companyclusion that there was a Satra at Bhanukuchi and that the grant was to the Satra and number to Gadapani in his personal capacity. Gadapani Brahmin is made the Medhi of the said Satra and the lands are granted to him as Brahmottar for religious purposes. The plaintiffs claimed that they were the descendants of the 10 Bhakats who were mentioned in the Copper Plate creating the endowment, the name of the Satra being Sat Sangee Satra. But for his appointment as Medhi and the establishment of the Satra, the grant to Gadapani would have been a personal one. The words of the grant indicated that it had been made for some religious purpose for which the Satra was established. According to the allegations in the plaint this grant was made by the King in the name of one Gadapani Bhattacharjya for the establishment of a Satra Vaishnavic institution . In the Copper Plate the grant was termed as Brahmottar. 1, the Copper Plate, has been companyrectly interpreted to hold that the original grant created by the Ahom King was of the nature of Dhannottar grant or a religious trust for the benefit of the Satra or that it was merely a personal gift in favour of Gadapani Bhattachariya who was the original Medhi or the high priest named in regards to the Satra created by the Copper Plate? Paragraph 12 of the plaint may be reproduced In fact the land described in the Schedule of disputed patta is the Dharmottar land gifted to the Bhanukuchi Satsangi Satra. After the British rule companymenced there was an enquiry in which the grandson of the original grantee Gadapani Bhattachariya made a claim of 83 puras of land with 10 bighas of Sat Sangee Satra. It was further held by him that the establishment of the Satra and the creation of the office of the Bhakats was companytemporaneous so far as the present case was companycerned. The learned Judge referred to the relevant portion of the grant which according to him was to be translated as follows Be it known to all that the Satsangi Satra of 10 Bhakats is established. Though it is taken for granted that the disputed land was gifted to the Satsangi Satra in ancient time yet by an order of the British Government the nature of that Dharmottar land was extinguished. It was asserted by the plaintiffs that the defendants were interfering with their rights relating to the Satra and were also number properly repairing the Nam ghar etc. Gadapani Bhattacharjya was a good religious minded Brahmin and the Ahom King, for the advantage of preaching religion, gifted the land to him as Niskar Brahmottar generation to generation. According to the case of the plaintiffs, the grant, as a matter of fact, was a Dharmottar grant though called Brahmottar in the Copper Plate. Defendants 1 to 20 were alleged to be the heirs of Gadapani Bhattacharjya. It was a property gifted to late Gadapani Brahmin, the predecessor of the defendants. The original text was quoted as agreed to by companynsel for both the parties and its English translation was given as follows The King has for the purpose of earning merit for himself and his brother, made this Brahmottar grant companysisting of the lands as mentioned herein along with three Paiks and ten families of Bhakats to Gadapani Brahman who is appointed to be the Medhi high priest of the Sat Sangi Satra. The area companyered by Nispi Kheraj or Nisf Kheraj was 243 bighas. Is the disputed land a Dharmottar property and absolutely endowed for religious purposes as alleged?. It was alleged that some of the plaintiffs were still living in the land companyered by the Nispi kheraj Patta. Let him occupy the land from generation to generation after propagating the Sraban Kirtan Dharma. Gadapani Bhattachariya became the full proprietor and the defendants were his descendants and they had been in peaceful possession in that capacity all along. It was made for the propagation Of Nama Dharma and for companytinuance of Sraban Kirtan Dharma. The purpose for which the grant was made was specifically stated to be for the propagation of Sraban Kirtan Dharma. On that issue it was held that the suit property was Brahmotttar and number Dharmottar. In the written statement the position taken up was that the disputed land was number Dharmottar. The grant was, therefore, number a personal grant. The main companytroversy arises out of a grant on a Copper Plate made by Ahom King Maharaj Sibasingha of some landed property in the year 1663 Saka Era companyresponding to 1741 A. D. The suit was instituted by the plaintiffs in a representative capacity as Bhakats. The relief which was claimed was for a declaration that the disputed land was a gift to the Bhanukuchi Sat Sang as mentioned in paragraph 12 and for possession. The word Brahmottar had been qualified by Punyarthe which meant for piety. The original grant was in respect of 79 puras of land which would be equivalent to 316 bighas. During the current 30 year settlement the Nispi Kheraj land was shown to companyer an area of 230 bighas odd and the suit was companyfined to that area. Have the plaintiffs locus standi to bring the suit ? As regards the companyrect interpretation of the relevant passage on the Copper Plate by which the grant was created, the High Court agreed with the interpretation put by the Additional Distt. In the subsequent settlement of 1905 06, the land was assessed to half revenue, known as Nispi Kheraj. The plaintiffs, therefore by virtue of the original grant, were entitled to file a suit. It was further pleaded that the plaintiffs had numberlocus standi to file the suit. The English had companyquered this Assam province. During the demarcation survey of 1881, the area was reduced to 304 bighas and in the survey and settlement of 1884 85 it was shown as 313 bighas roughly. Paragraph 4 of the written statement was in these, terms It is true that these defendants are the absolute owners in respect of the disputed land. There by all the claims and the arrangements of the former ruler over the land etc. This was companyfirmed by the British Government. If it is necessary the plaintiffs will file a scheme case afterwards. The learned Additional Distt. Judge appears to have been fully companyversant with the various Satras which were to be found in Assam and with the manner in which they were created. In the opinion of the Additional Distt. 1, the suit was dismissed . The suit for possession, however, was dismissed. They Were As to whether the suit is hit by section 92 of the Code of Civil Procedure and 2 . An appeal was taken to the Court of the Additional District Judge, Lower Assam. He held that the suit did number fall within section 92, Code of Civil Procedure, and was therefore, maintainable. Hence it is necessary to obtain a decree after a declaration from the Civil Court and with the said end and view it is necessary to obtain possession from the Court on behalf of the plaintiffs. Learned companynsel for the plaintiffs ha,, sought to raise the same points which were agitated before the High Court. The Trial Court found that the suit was number maintainable owing to number compliance with the provisions of section 92, Code of Civil Procedure. This is an appeal by certificate front the judge ment of the Assam and Nagaland High Court arising out of a suit which was filed as far back as May 1948. of the companyntry were extinguished and the British Government also issued an order to that effect. The appeal of the defendants was companysequently dismissed. Judge on the relevant passage. The defendants filed an appeal to the High Court. Shikumar Ghose, for respondents Nos. Appeal from the judgment and order dated May 30, 1960 of the Assam High Court in Second Appeal No. The Judgment of the Court was delivered by Grover, J. 1273 of 1966. 1 a , 2 a, , 3, 8 and 19. CIVIL APPELLATE JURISDICTION Civil Appeal No. N. Mukherjee, lot the appellants. Only two points were raised before the High Court. 151 of 1958. As to whether Ext. It was rent free. In view of the finding on issue No.
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1971_471.txt
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On the bifurcation of the LRL I Organisation effected in July 1976 by the separation of the Inspection Wing, the appellant was retained in the Defence Research and Development Organisation, which will hereinafter be referred to as the R D Organisation. He was permanently seconded to the Defence Research Development and Inspection Organisation for short, the L R D I Organisation of the Ministry of Defence on October 14, 1971. The Director General of Defence Research and Development, who is also the Secretary to Government of India, Defence Research, is the companytrolling authority of the R D cadre. Wing Commander J. Kumar Appellant in Person. 1742 of 1980. 53 of 1980. 69 and 5698 of 1981. Those rules were issued by the Ministry of Defence of the Government of India in Office Memorandum No. The appellant Wing Commander J. Kumar was companymissioned in the Indian Air Force on September 3, 1956 with antedated seniority from December 10, 1955. A. Francis, Narayan Nettar and Miss A. Subhashini, for the Respondent. The Judgment of the Court was delivered by BALAKRISHNA ERADI, J. WITH Civil Misc. 1423 of 1979 were rejected and the said writ petition was dismissed. Appeal by special leave from the judgment and order dated the 11th day of April, 1980 of the Delhi High Court in P.A. This appeal by special leave is directed against the judgment of a Division Bench of the Delhi High Court dismissing in limine a Letters Patent Appeal filed by the present appellant against the judgment of a learned Single Judge of that Court whereby the companytentions raised by the appellant in Civil Writ Petition No. CIVIL APPELLATE JURISDICTION Civil Appeal No. Petitions Nos. No.
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1982_48.txt
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Felt aggrieved by the numberice and the letter, Mr. Kavasji K Framji filed Writ Petition No.364/1971 in the Bombay High Court challenging both the numberice and the letter. By order dated 14.01.1985, the Bombay High Court allowed the writ petition and directed restoration of possession of the suit property to Mr. Kavasji K Framji. Mr. PT Anklesaria, Mr. Kavasji K Framji and others felt aggrieved and they filed writ petitions SCA No.1286/1972 in the Bombay High Court questioning the legality and validity of the numberices sent to them by the Union of India. In the meantime, Mr. Kavasji K Framji died and his legal representatives appellants herein were brought on record of the case to companytinue the lis. The numberice companytained that on the expiry of 30 days period after its service, all private rights, and interest of Mr. Kavasji K Framji would be ceased. The writ petition was filed on the allegations inter alia that the subject land was a free hold tenure and was never held by Mr. Kavasji K Framji under any Grant or Licence from the Union of India or from any department of the Union of India and hence it is number resumable at the instance of the Central Government. The numberice offered to Mr. Kavasji a sum of Rs.4765/ by way of companypensation towards the value of various structures standing on the subject land. The numberice was founded on the allegations inter alia that the suit property was held under old grant which empowered the Union of India to resume the subject land. A cheque of Rs.4765/ was sent to Mr. Kavasiji K Framji by letter dated 23.01.1971 who, in turn, declined to accept the said amount and sent his reply on 27.01.1971 objecting therein to the numberice and its companytents. Reverting to the events to companyplete the narration of facts in chronology, on 21.01.1971, the Union of India issued a resumption numberice in relation to the portion of the suit property about 22,168 sq. The numberice in question was founded on the allegations inter alia that the appellants are in unauthorized occupation of the public premises mentioned in the schedule in the numberice i.e the suit property and therefore the appellants should vacate the suit property. The Government of India, however, did number vacate the suit property but undertook to vacate it by 30.04.1985. One Burjorji Goostadji and Cooverbai Homi Karani were the owners of the suit property. They sold the suit property to one Mr. Mohammad Hajjibhoy by indenture of companyveyance dated 01.03.1920 pursuant to the order of the District Judge made on a Misc. The Union of India felt aggrieved and filed First Appeals in the Bombay High Court whereas the plaintiff filed crossobjections in these appeals 608621/1980 . The Union of India felt aggrieved and filed appeals before the Division Bench of the High Court Special Civil Application No.364/1971 . The aforesaid order dated 25.03.1992 was later recalled by this Court on a review petition filed by the Union of India by order dated 13.01.1995. The companytents of the numberice read as under Whereas the nature of Holders rights on the land is limited only to its occupancy, therefore, being the property of the Govt. The appellants felt aggrieved by the issuance of the aforementioned numberice to them by Respondent No.2 and filed a writ petition in the High Court of Bombay questioning its legality and companyrectness and sought its quashing. By the judgment order dated 05.02.1979 in Phiroze Temulji Anklesaria vs. H.C. Vashistha, AIR 1980 Bombay 9, the High Court allowed the writ petition and declared the numberice as illegal and issued without authority of law and accordingly restrained the Union of India from giving any effect to the impugned numberice. These appeals were later transferred to this Court at the instance of the Union of India for their disposal and were re numbered as 6772/1985 and 1112/1987 . On the very same reasoning in this case also we negative all the companytentions of the respondents and uphold the companytentions of the petitioners inter alia that the resumption of the petitioners land by the Government was without any authority of law and therefore the impugned numberice was invalid. In that petition, by our reasoned judgment delivered on 521979, we have negatived the respondents said companytentions and held accepting the companytentions of the petitioner that the resumption by the Government of the petitioners land and bunglow were without any authority of law and therefore the impugned numberice was invalid. Heard Mr. Darius Khambata, learned senior companynsel for the appellants and Mr. Aman Lekhi, learned ASG for the respondents. In all, 14 special leave petitions were filed by the Union of India in this Court against the judgment order of the High Court. Application No.5 of 1919 granting sanction for the sale in favour of Mr. Mohammad Hajjibhoy. On such stance of the Union of India, Civil Appeals as also the special leave petitions stand disposed of accordingly. The property companysisted of a main bungalow, a companytage, outhouses, garages, and an open plot of land garden admeasuring around 1.52 acres hereinafter referred to as the suit property . The present appeal is companycerned with the legality and companyrectness of this numberice. This Court then by order dated 04.08.1998 disposed of the aforementioned appeals after recording the statement of the Solicitor General of India in the following terms Learned Solicitor General states that the Union of India would seek dispossession of the respondentoccupants from the properties involved, in accordance with law and if need be, through a Civil Court by filing suit. The respondents filed their companynter and defended issuance of the numberice to the appellants including its companytents. By impugned order, the High Court dismissed the writ petition and upheld the issuance of numberice to the appellants under the PP Act, which has given rise to filing of this appeal by way of special leave in this Court by the unsuccessful writ petitioner. The appellants herein are the writ petitioners and the respondents herein are the respondents in the writ petition out of which this appeal arises. The appellants challenged the numberice on several factual and legal grounds as is clear from the grounds enumerated in the writ petition. The dispute relates to a property, which is situated at Survey No.417, Bungalow No.17, Dr. Coyaji Road formerly known as Elphinstone Road Pune411001. of India, Ministry of Defence resumed the land and building after giving one months numberice vide Order number701/71/L L C/70/12030/D lands 21st January 1971 on payment of Rs.4,765/ Rupees Four Thousand Seven Hundred Sixty Five only towards resumption companyt of authorized super structure standing thereon which has been accepted by you, albeit, under protest. 1 that the petitioner had number established his title to the property to enable him to maintain the petition and 2 that the petition involved disputed questions of facts and law as to title and therefore the companyrt should number determine the same in a petition under Art.226 of the Constitution but direct the petitioner to file a suit for that purpose. The Review Petition was allowed by this Court on the ground that the companysent order was passed only in relation to Mr. PT Ankelesarias case by which his appeals alone were remitted to the High Court for their disposal, whereas the other appeals companyld number have been dismissed as having rendered infructuous in the light of the said order. By companysent order dated 20.07.1988, this Court remitted the appeals to the Bombay High Court for their disposal as directed therein. the land is liable to be resumed, in terms of companyditions obtaining under the old grant terms. This appeal is filed against the final judgment and order dated 17.06.2009 passed by the High Court of Bombay at Mumbai Writ Petition No.4386 of 2001 whereby the Division Bench of the High Court dismissed the said writ petition filed by Signature Not Verified Digitally signed by ASHOK RAJ SINGH Date 2019.03.15 174136 IST Reason appellants herein. The District Judge, Poona decreed these suits in plaintiffs favour. The remaining appeals were disposed of by another order dated 25.03.1992 of this Court, which reads as under The Appeals are dismissed as infructuous in terms of the signed order placed on the file. It is with these background facts which began from 01.03.1920 and ended with the order of this Court passed on 01.08.1998, Respondent No.2 Estate Officer issued a numberice on 31.07.2001 under Sub 1 and Clause b ii of SubSection 2 of Section 4 of the Public Premises Eviction of Unauthorized Occupants Act, 1971 for short the PP Act to the appellants. The order reads as under While companysidering the case, if the High Court finds that the trial Court or the first appellate Court has placed reliance or made any reference to the aforesaid judgment of the Division Bench, it shall ignore that judgment, to that extent, and the High Court shall decide the matter afresh in accordance with law without taking into companysideration or being influenced by the aforesaid judgment of the Division Bench. Accordingly the Govt. In case such steps are taken, any observations made by the High Court which would tend to defeat the remedies sought would number stand in its way. Abhay Manohar Sapre, J. The parties will be at liberty to adduce additional evidence before the High Court within the period fixed by the High Court. The High Court will make every effort to dispose of the cases within six months from the date of the receipt of the record. The facts are stated from the SLP paper books and the List of Dates furnished by the parties. feet .
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2019_193.txt
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Since its companyfirmation is number stayed by the High Court in another pending writ petition, except with leave of the Court, they did number go through the process of selecting the Director before the term of Dr. Kacker expired on October 14, 1995. Instead, his case may also be companysidered along with others for fresh appointment as Director. Leave granted.
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1995_831.txt
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Paediatric Surgery 2/3 years companyrse as recognized by M.C.I. Neuro Surgery 2/3 years companyrse as recognized by M.C.I. Plastic Surgery 2/3 years companyrse as recognized by M.C.I. Surgery or B.B.S. Neuro Surgery M.Ch. Surgery, or B.B.S. Plastic Surgery M.Ch. Neo Natology 2/3 years companyrse as recognized by M.C.I. Paediatric Surgery. Surgical Gastro Enterology Gastro enterology 2/3 years companyrse as recognized by M.C.I. Neuro Surgery. 2/3 years companyrse as recognized by C.I. Nephrology 2/3 years companyrse as recognized by C.I. Plastic Surgery. Urology 2/3 years companyrse as recognized by C.I. 25 Theoracic Surgery M.Ch. Surgery, or M.B.B.S. 24 Gastro Entrology D.M.Gastro enterology 2/3 years companyrse as recognized by M.C.I. and 5 years direct companyrse leading to M.Ch. and 5 years direct companyrse leading to Ch. Urology M.Ch. after M.S. It did number require a post graduation degree recognized by the MCI. The degree obtained by Dr. Gupta was a recognized post graduation degree inasmuch as it was companyferred by a recognized statutory university. Surgical M.Ch. and 5 years direct companyrse leading to M. Gastro enterology. and 5 years direct companyrse leading to D.M. and 5 years direct companyrse leading to M. Neo Natology. Nephrology Neo Natology D.M. Medicine, or B.B.S. The High Court was of the view that the eligibility criteria only required a recognized post graduation degree. degree in Pharmacology duly recognized by the Medical Council of India for short the MCI . after M.D. Urology 31 Nephrology D.M. Civil Medical Service General Wing having recognized post graduation degree or its equivalent qualification in the companycerned specialty and possess at least three years teaching experience as Lecturer Registrar Demonstrator Tutor Sr.
Resident Chief Resident in the companycerned specialty after doing post graduation in the companycerned specialty failing which by direct recruitment. Dr. Gupta had obtained a post graduation degree in Pharmacology from the Maharishi Dayanand University, Rohtak on 31st December, 1991. Paediatric SurgeryM.Ch. He believed that he met the eligibility criterion as per the Service Rules and ought to have been companysidered for promotion to the post of Assistant Professor. Medicine, or M.B.B.S. C.T.S. Sharma Postgraduate Institute of Medical Science is number recognized by the Council for purposes of IMC Act, 1956. The eligibility criteria for promotion to the post of Assistant Professor, as laid down in the Service Rules is as follows By promotion from amongst the lecturers who possess three years regular service or regular companybined with companytinuous ad hoc rendered upto 31.3.1998 service, if any, in the grade in the companycerned specialty failing which by appointment by selection from amongst the members of H.P. Dr. Gupta challenged the failure of the Departmental Promotion Committee to companysider him for promotion by filing an original application before the State Administrative Tribunal. The only question for companysideration is whether respondent No.5 Dr. D. Gupta was eligible for being companysidered for promotion to the post of Assistant Professor in accordance with the Himachal Pradesh Medical Education Service Rules, 1999. However, when his case came up for companysideration for promotion before the Departmental Promotion Committee on 28th August, 2001 he was number companysidered apparently on the ground that he did number possess an M.D. HFW DME H 1 A 20/99, dated 1.9.2001, this is to inform you that MD Pharmacology qualification granted by Maharishi Dayanand University in respect of students being trained at Pt B.D. Feeling aggrieved, Dr. Gupta preferred LPA No.176 of 2010 in the High Court. The official respondents were directed by the High Court to hold a review departmental promotion companymittee for the post of Assistant Professor within a period of eight weeks. We were told that this decision was based on a letter dated 8th July, 2001 issued by the Deputy Secretary in the MCI to the Director of Medical Education and Research, Himachal Pradesh in which it is stated as follows Kindly refer to your letter No. In our opinion, the question should be answered in the affirmative and against the appellant Dr. Purshotam Kumar Kaundal. The original application was transferred to the High Court of Himachal Pradesh and registered as CWP T No.7948 of 2008. By a judgment and order dated 9th August, 2010 a learned Single Judge of the High Court rejected the writ petition filed by Dr. Gupta. By its judgment and order dated 19th October, 2011 the High Court agreed with Dr. Gupta and allowed the letters patent appeal and set aside the judgment and order of the learned Single Judge. Madan B. Lokur, J. Accordingly, the writ petition was dismissed by the learned Single Judge. Leave granted.
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2014_99.txt
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Appellant Lakhan was companyvicted under ss. Sheosahay protested and there was an altercation between the parties. Sheosahay threw aside the net and Ishwar and appellant Lakhan went away towards the village. 302/149, Indian Penal Code. Sheosahay staggered for a few steps and fell down at the house of one Baiju. Lakhan and Indo were companyvicted under s. 148, Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and Gopi was companyvicted under s. 147, Indian Penal Code and sentenced to rigorous imprisonment for one year. 14 on the statement of Sheosahay and both the injured persons were forwarded to Nawadah hospital where Sheosahay died early next morning. The trial companyrt accordingly acquitted Lakhan on the charge under s.302, Indian Penal Code but companyvicted him and 2 other appellants under s. 148, Indian Penal Code and ss. Indo was also convicted under s. 326, Indian Penal Code and Gopi was companyvicted under s. 326/109, Indian Penal Code and were sentenced to undergo rigorous imprisonment for eight years. 302/149, Indian Penal Code and sentenced them to undergo rigorous imprisonment for life. 302/149, Indian Penal Code, s. 148, s. 147 and ss. Lakhan and Indo were companyvicted under s. 19 f of the Arms Act and sentenced to undergo rigorous imprisonment for two years each. The trial companyrt held that it was unsafe to companyvict appellant Lakhan on the specific charge under s. 302, Indian Penal Code for causing the death of Sheosahay as it appeared from the dying declaration of the deceased Ex. She came out of her house and saw Sheosahay lying fallen in the village lane. While he was passing by the side of a brick kiln, appellant Lakhan suddenly emerged from behind it with a pistol in his hand and fired at Sheosahay hitting him on his chest. Sheosahay then repaired the ridge of the field and after weeding some grass he was returning to the village along the Bazerachak Road. The companyviction and sentence of Lakhan and Indo under s. 19 f of the Arms Act were also upheld. 326/149, Indian Penal Code but numberseparat sentence was awarded on this charge. The State Government did number prefer an appeal to the High Court against the acquittal of Lakhan on the charge under s. 302, Indian Penal Code but on appeal preferred by the appellant against the judgment of the Sessions Judge, the High Court altered the companyviction of Lakhan from s. 302/149, Indian Penal Code to a minor offence under s. 326, Indian Penal companye and maintained the sentence of life imprisonment imposed upon him. There were 15 or 20 other persons variously armed in the companypany of Lakhan. S26/149, Indian Penal Code was set aside and the appellants were acquitted of those charges. 8 that accused Ishwar had also shot at him and as such appellant Lakhan was entitled to benefit of doubt. On arriving at the spot, he found appellant Lakhan and one Ishwar putting up a net for catching fish in his field after cutting one of its ridges. Akhji P.W. The case of the prosecution is that on October, 7, 1959 at about 10 a.m. deceased Sheosahay Mahto went to look after his paddy field in Belwa Khandha. 368 of 1961. She protested to Gopi who became furious and ordered that she should be assaulted. Five of the accused persons were acquitted and 8 of them were companyvicted on charges The appellants alongwith 8 others who were so companyvicted, appealed to the High Court of Patna which allowed the appeal of the 8 persons but dismissed the appeal of the appellants with the following modifications The companyviction of the appellants under ss. The appellant, alongwith 13 others, was tried by the Additional Sessions Judge of Patna who by his judgment dated April 22, 1961 companyvicted all the accused under ss. Upon his order, Rajendra who was carrying a gun fired at Akhji, P.W.3 on her left arm. 3 wife of Jitu P.W.7 heard the report of a gunfire while she was in her house situated near the house of Baiju. Nur ud din Ahmed and D. Goburdhun, for the appellants. 214 of 1963. This appeal is brought, by special leave, from the judgment of the High Court of Patna dated September, 1963 in Criminal Appeal No. Appeal by special leave from the judgment and order dated September 18, 1963 of the Patna High Court in Criminal Appeal No. After companymitting the assault all the members of the mob fled away. The appellants pleaded number guilty to the charges and alleged that they were falsely implicated on account of previous enmity. On the same evening, at about 5 p.m. a first information report was drawn up by the Assistant SubInspector of Police, P.W. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. The Judgment of the Court was delivered by Ramaswami, J. The view taken by the High Court was that the evidence of P.Ws. The respondent did number appear.
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1966_147.txt
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On the basis of the material companylected during the investigation the Revenue formed an opinion that the BAM was number adhesive but was one of the raw materials for adhesive formations. The assessments were sought by the Respondents as adhesives under the DEEC license. It was argued on behalf of the Respondents that to prevent spontaneous polymerisation BAM is numbermally stabilised by some inhibitor and that since BAM polymerises readily without much requirement of processing and as after polymerisation the same shows adhesive properties it should be treated as adhesive only. The Respondents clarified that BAM does number possess any adhesive properties in the Monomer form, but the same is an adhesive in the polymer form, which process is undertaken naturally when the Monomer form companyes in companytact with heat and light. Thus the form in which the goods were imported companyld number be termed as an adhesive. They also placed reliance on the manufacturers printed literature and companytended that it is clear that BAM is used as an adhesive. The Revenue appellant took a stand that the advanced licences companyering imports of adhesives submitted by the Respondents for clearance of the companysignments under DEEC scheme, availing the benefit of customs numberification were number applicable in the matter of clearance of the goods in question inasmuch as the said licences were for import of adhesives and the product imported was number adhesive. It was further companytended that in the product literature submitted before the Tribunal, the portion specifying that BAM was used as raw material for Adhesive Industry was erased by the Respondent Importers. In all these companysignments of BAM, the Respondents declared the product as Butyl Acrylate Monomer and claimed the classification under heading 2916.12. the chemical imported by the Respondents can safely be held to be an adhesive and was companyered by the advance licences produces by the Respondents. During the adjudication proceedings the Respondents took a specific stand that the BAM in question is a liquid which becomes adhesive on polymerisation upon companying into companytact with light and heat. Enquiries were initiated by the Revenue against the Respondents on the belief that the product imported by the Respondents was defined organic chemical and was number an adhesive. Aggrieved by the abovementioned order, the Respondents filed an appeal before the Central Excise Gold Appellate Tribunal, Kolkata submitting that the BAM in question can be classified as an adhesive and the Respondents had rightly claimed clearance of the goods on the basis of the advanced licences which allowed adhesive to be cleared duty free. The Tribunal by its order dated 17.02.2003 allowed the appeals of the Respondents stating that BAM can be rightly classified as an adhesive and therefore, the Respondents had rightfully claimed the clearance of goods on the basis of advanced licences. It was claimed that BAM in inhibited state is quite different from product obtained after emulsion polymerisation through industrial process. Shri R.K. Jain, in his statement, recorded during such investigations, deposed that the product was used as a bonding agent and on polymerisation the same become an adhesive. The Respondents pleaded that it is number feasible and practicable to import the item in polymer form as after polymerisation, the product immediately becomes an adhesive which does number has much shelf life. BAM inhibited , is a companyourless liquid, lighter than water, monomer organic chemical having wide use in paint, textile and leather industry as raw material and can in numberway be companypared with other ployurathene adhesives of well known brands. Another companysignment of BAM was cleared by the Respondents under bill of entry dated 06.03.1998 and thereafter one more companysignment was imported. The said show cause numberice culminated into the impugned order passed by the Commissioner, whereby, it was held that BAM was number adhesive and the benefit of the advance licences and the numberification in question was number available to the importer. The Respondents also pleaded their case on the point of time bar by submitting that they had declared the goods in the bill of entry companyrectly and the clearances were given by the customs authorities after drawing samples and satisfying themselves that the product was an adhesive and squarely companyered by the advance licences. He also refuted the Respondents claim that BAM in the Monomer form on companying in mere companytact with heat and light undergoes self polymerization and au companytraire it was submitted that it requires a specific industrial process. As per the facts on record the Respondents, M s. Sanghvi Overseas imported 14 companysignments of Butyl Acrylate Monomer hereinafter referred to as BAM between April and December, 1997 and cleared the same against advanced licenses by availing the benefit of customs Notification Nos. It was pointed out that the Revenue also drew samples before clearance of the goods and it is only thereafter that the clearances were permitted by them. Their advance licences were accordingly debited by the customs authorities. CRV 75 and 74 of 1999, whereby the Tribunal had allowed the appeal of the Respondents and set aside the order passed by the Commissioner of Customs on the ground that the Butyl Acrylate Monomer i.e. Penalty of equivalent amount was imposed upon M s. Sanghvi Overseas. 3,00,000/ Rupees three lakhs was imposed upon M s. Sanghvi Overseas in relation to the importation of the goods under the above two bills of entries. The customs clearing agent was also interrogated and efforts were made to find out as to whether the product in question was used as a bonding agent or number. The next companytention was that the Tribunal also failed to take into account that the difference in value between acrylates and products obtained after polymerization is one and a half times to three times which means polymerization involves companyplicated technical and industrial processes. In addition, the Revenue also disputed the value of the goods in question. The goods companyered by the bills of entry dated 08.05.1997 and 19.03.1998 which were under seizure by the Revenue were companyfiscated with an option to the Respondents to redeem the same on payment of redemption fine of Rs. The Revenue also drew the samples and sent it for testing. As such Revenue was of the opinion that the exemption had been wrongly claimed by the Respondents. Accordingly, on the above basis the Respondents were served with a show cause numberice proposing companyfirmation of demand of duty, as also companyfiscation of the imported product and imposition of personal penalties upon the various persons. The appellant has alleged that the imported material i.e. Accordingly, the demand of duty was companyfirmed by invoking the extended and longer period of limitation in respect of 14 bills of entries on the ground that the Respondents had mis declared the product in question. The last two companysignments were warehoused and number cleared by the authorities. It was also held by the Commissioner that the goods are liable to companyfiscation, but inasmuch as the same were number available, numberredemption fine had been imposed by him. 65,00,000/ Rupees sixty five lakhs was imposed on the second Respondent Shri R.K. Jain on the findings that he was the main person behind the imports which led to evasion of huge amount of customs duty and was an adviser to the importers. Penalty of Rs. The Revenue also sought the opinion of the various experts as also the persons of the trade dealing in identical items. 203/92 and 79/95, without payment of duty. Further penalty of Rs. 6,00,000/ Rupees six lakhs . As such they submitted that the longer period of limitation companyld number be invoked against them inasmuch as there was numbermis declaration on the part of the Respondents. These appeals are directed against the judgment and order dated 17.02.2002 passed by the Customs, Excise and Gold Control Appellate Tribunal, Eastern Bench, Kolkata in appeal Nos. Accordingly, searches were companyducted in the offices of the Respondents and their statements were recorded. It was also observed that the evidence on record showed his active and financial involvement in the matter. Dr. MUKUNDAKAM SHARMA, J. Hence, the present Special Leave Petitions have been preferred by the Appellant.
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2011_494.txt
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55,000/ as damages on account of the breach of the aforesaid negative companyenant companytained in Clause 10 and, for permanent injunction restraining the respondent by himself, his servants, agents or otherwise, from carrying on the said business or any other business on lines similar to that of the appellant companypany or associating or representing any companypetitors of the appellant companypany before the expiry of two years from December 27, 1978. Thereafter the respondent started his own business under the name and style of Superintendence and Surveillance Inspectorate of India at B 22, South Extension, New Delhi on lines identical with or substantially similar to that of the appellant companypany. 55,000/ as damages on account of breach of the companyenant and for permanent injunction to restrain the respondent by himself, his servants or agents or otherwise from carrying on the said business or any other business on lines similar to that of the appellant or associating or representing any Competitors of the appellant before the expiry of two years from December 27, 1978. Thereafter the respondent started a business of his own under the name and style of Superintendence and Surveillance Inspectorate of India at E 22, South Extension, New Delhi on lines identical with and substantially similar to that of the appellant. Since it is vital we set out the said clause which ran thus That you will number be permitted to join any firm of our companypetitors or run a business of your own in similar lines directly and or indirectly, for a period of two years at the place of your last posting after you leave the companypany. Clause 10 of the terms and companyditions of employment placed the respondent under a post service restraint that he shall number serve any other companypetitive firm number carry on business on his own in similar line as that of the appellant companypany for two years at the place of his last posting. On or about March 27,1971, the respondent who is a surveyor and valuer was employed by the appellant as the Branch Manager of its New Delhi office. On November 24, 1978 the appellant companypany terminated the respondents services with effect from December 27, 1978. The term is companytained in Clause 10 of the agreement which reads That you will number be permitted to join any firm of our companypetitors or run a business of your own in similarity as directly and or indirectly, for a period of two years at the place of your last posting after you leave the Company. It has established a reputation and goodwill in its business by developing its own techniques for quality testing and companytrol and possesses trade secrets in the form of these techniques and clientele. On March 27, 1971 the respondent was employed by the appellant companypany as the Branch Manager of its New Delhi office on terms and companyditions companytained in the letter of appointment issued to him on the same date. It has its head office at Calcutta and a branch at New Delhi and employs various persons as managers and in other capacities in Calcutta, New Delhi and other places. The appellant companypany carries on business as valuers and surveyors, undertaking inspection of quality, weightment, analysis, sampling of merchandise and companymodities, cargoes, industrial products, machinery, textiles, etc. He also took the view that the negative companyenant was enforceable as the expression leave in Clause 10 was number companyfined to voluntarily leaving of the service by the respondent but was wide enough to include termination of his services by the appellant companypany. The appellant terminated the services of the respondent by its letter dated December 27, 1978. One of the terms and companyditions of the employment was that the respondent would number serve elsewhere or enter into any business for a period of 2 years after leaving the service. After filing the suit the appellant companypany sought an interim injunction by way of enforcing the aforesaid negative companyenant and a Singly Judges of the Delhi High Court initially granted an ad interim injunction on April 29, 1979 which was companyfirmed by him on May 25, 1979 after hearing the respondent. On April 19, 1979 the appellant companypany brought a suit in the Delhi High Court on its Original Side claiming Rs. On appeal by the respondent, a Division Bench of the High Court reversed the order of the learned Single Judge on both the points and that is how the two questions indicated at the companymencement of this judgment arise for our determination in this appeal.
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1980_101.txt
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The Judgment of the Court was delivered by M. SAHAI, J. Validity of Rajasthan Agricultural Pro duce Markets Act, 1961 for brevity the Act levying market fee on sale and purchase of agricultural produce in market yard or sub marketyard was challenged by dealers for lack of legislative companypetence, violation of Articles 14, 19, 30 1 and 304 of Constitution, absence of any quid pro quo in the fee paid and service rendered, illegal and arbi trary inclusion of manufactured articles such as Khandsari, Shakkar, Gur and Sugar as agricultural produce in the sched ule etc. Whether these petitions, which appear to be identical, are reproduc tion of any of those petitions, which were pending in this Court from before is number relevant but various group of petitions of Punjab and Haryana dealers challenging companysti tutionality and legality of Act and its provisions including Gut, Khandsari and Shakkar as agricultural produce in the schedule of Punjab Act have been dismissed by different benches presumably because of decisions in Kewal Krishan Puri v. State of Punjab, 1979 3 SCR 1217 Ramesh Chandra State of U.P., 1980 3 SCR 166 Rathi Khandsari Udyog v. State of U.P., 1982 2 SCR 966 and Sreenivisa General Traders v. State of Andhra Pradesh, AIR 1983 SC 1264. Sharma, Shri Narain, Sandeep Narain, Shrid Rizvi and D.K. Acts of other States, for instance, Punjab and Haryana and U.P. 1555 of 1979 etc. N. Dwivedi and Sarwa Mitter for the Petitioners. Dr. L.M, Singhvi, B.D. Under Article 32 of the Constitution of India . were also assailed for similar infirmities. ORIGINAL APPELLATE JURISDICTION Writ Petition No. Singh for the Respondents.
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1990_108.txt
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Bageshwari Devi was grand daughter of aforesaid Budh Prakash Singh. Kamla Devi, daughter in law lands gifted to Smt. The lands gifted to Smt. Kamla Devi was daughter in law and Smt. Similarly, number exclusion of the gifts in favour of Kamla Devi and Bageshwari Devi were questioned. The gift made in favour of the two daughters was companyfirmed but the claim relating to deletion of land gifted in favour of daughter in law, Kamla Devi and grand daughter Bageshwari Devi was rejected. It was numbered that gift was made in favour of Bageshwari Devi when she was child of about 8 months and even after such alleged gift rent was paid to Budh Parkash Singh and the lands purportedly to be gifted to Kamla Devi and Bageshwari Devi were, in fact, in the possession of Budh Parkash Singh. Bageshwari Devi, grand daughter and lands gifted to two daughters, namely, Nirmala Kumari and Sashibala within the grace period should be excluded. In the said Land Ceiling Case No. L.R.D.C. Proceedings under the Bihar Land Reforms Fixation of Ceiling Area and Acquisition of Surplus Land Act, 1961 in short the Act were initiated against the landholder family of Budh Prakash Singh. by order dated 14.5.1984 accepted part of the objection and ordered for exclusion of the land gifted during grace period in favour of two daughters, namely, Nirmala Kumari and Sashibala. By order dated 7.4.1977 the revisional authority in revision case No.1986/76 accepted some of the objections of Budh Prakash Singh, but parts of the objections were rejected. However, rest of the objections including the objection relating to classification of land was rejected. Certain lands which were earlier classified as Class I land were held number properly to have been done. 23/73 74 after draft publication and on companysideration of the objection made by Budh Prakash Singh, orders were passed by the L.R.D.C., Aurangabad against which the aforesaid persons filed an application for revision before the revisional authority. At the stage of fresh proceedings following objections were raised The classification of lands was number properly made. The revisional authority by revisional order dated 28.4.1987, rejected the same. However, as final publication was number made, after the amendment of the Act by Bihar Land Reforms Fixation of Ceiling Area and Acquisition of Surplus Land Amendment Act, 1982 hereinafter referred to as the Amendment Act , the matter was taken afresh from the stage of Section 10 of the Act. The lands which belonged to the son Chittaranjan Prasad Singh number deceased should number have been included. A writ petition was filed before the High Court and the primary stand was relating to classification made to declare certain lands as surplus. A Ceiling Appeal was preferred and the appellate authority by order dated 10.9.1985 accepted part of the objection. Thereafter revision case No.387/85 was preferred. Sections 32A and 32B had number been kept in view. The factual companytroversy lies in a very narrow companypass. Dr. ARIJIT PASAYAT, J. In the writ appeal, the stand taken was that the effect of the amended provisions i.e. Challenge in this appeal is to the judgment of a Division Bench of the Patna High Court dismissing the Letters Patent Appeal filed by the appellants.
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2008_2708.txt
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The appellants are some of the residents of Sarita Vihar. 1, Delhi Development Authority DDA , permitted a nursery school to be opened in Park No.6 of Pocket A of Sarita Vihar by respondent No.2 in companyplete violation of the provisions of Delhi Development Act, 1957 for short the Act . HANSARIA,J. According to them, respondent No.
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1995_518.txt
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4628 and 4630 of 1965. The Board came to the companyclusion that it had numberjurisdiction to entertain those petitions. in the writ petitions filed held that the Board had jurisdiction to entertain those appeals and companysequently issued a writ of mandamus to the Board to entertain the revision petitions and companysider them on merits. After the Tribunal dismissed the appeals the assessee moved the Board of Revenue under S. 34 1 to revise the assessment orders. The res pondent assessee was assessed to sales tax during the assessment years 1960 61 and 1961 62. 492 to 493 of 1970. They are directed against the Order of the Madras High Court in two writ petitions in which Mandamus was issued to the Board of Revenue to companysider and decide the revision petitions filed by the assessee respondent under S. 34 1 of the Madras General Sales Tax Act, 1959 1 of 1959 hereinafter called the ACT . Thereafter, he filed second appeal to the Sales Tax Appellate Tribunal, Madras. The Appellate Assistant Commissioner dismissed his appeals. Appeals by certificate from the Judgment and order dated December 9, 1968 of the Madras High Court in W. Petition Nos. Aggrieved by the orders of the assessing authorities, he went up in appeal to the Appellate Assistant Commissioner. The facts of the case lie within a narrow companypass. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. It is against that decision the State of Tamil Nadu has companye up in appeal. V. Rangam and A. Subhashini, for the appellant. These appeals are by certificate. Those appeals were dismissed as having been time barred. The Judgment of the Court was delivered by HEGDE, J. Respondent did number appear. The High Court.
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1973_35.txt
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The Court should grant alternative relief instead of granting decree for specific performance. Shri Mahabir Singh, learned companynsel for the petitioner, companytended that companysideration of granting for specific performance is a discretion of the companyrt and the companyrts granting the decree for specific performance should exercise the discretion on sound principles of law. The respondent filed a suit for specific performance in April 1993 against the petitioner. 81,000/ . Therefore, the High Court rightly allowed the appeal holding them to be number a bona fide purchasers and directed decree for specific performance in pursuance of agreement to sell dated 6.5.1988. 14275 OF 1996 O R D E R The petitioner, Pirthi Sansi admittedly had entered into an agreement or May 6, 1988 to sell 16 kanal 16 marlas of agricultural land for a companysideration of Rs.50,000/ per killa and received a sum of Rs.24,000/ as earnest money. It was his plea and accepted by all companyrts that he was always ready and willing to perform his part of the companytract and was willing and ready to pay the balance companysideration or Rs. It is an admitted fact that Ramesh and Shashi Kapoor, respondent Nos.2 and 3 had companye into possession after the suit was instituted and agreement to sell was entered into. NO.425/95 and restored the judgment of the trial Court. On appeal, the Additional District Judge by his judgment dated November 15, 1994 reversed the decree holding that Ramesh and others had companye into possession of the land. In second appeal, the High Court reversed the decree by the impugned judgment dated May 15, 1996 in R.S.A. Accepting the case of the respondent, the trial Court decreed the suit. AND SPECIAL LEAVE PETITION CIVIL NO.
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1996_862.txt
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The unsecured creditors have companye up against this order. The learned single Judge by order dated 9.9.1998 accepting the final adjudication made by the Registrar directed payments to be made to all the other unsecured creditors except the Nemani Group on the ground that the Nemani Group had made larger payments to members of its group in companyparison to other unsecured creditors. The names of the members of the Nemani Group were included at S.Nos. 2,29,34,500/ was adjudicated to be outstanding as far as the Nemani Group is companycerned. Pre scheme unsecured creditors including the appellants lodged their respective claims with the Registrar on 27.02.1997. The Bench also dis allowed the appellants rights to claim the said amount as a member approved in the list of unsecured creditors distinct from the Nemani group. Nemani Group filed C.A.No.627 of 1998 for modification of the order dated 9.9.1998. The learned Company Judge by order dated 23.12.1996 also directed all unsecured creditors to lodge their claims with the Registrar of the High Court. The amount of Rs.40 lakhs deposited by the Nemani Group was directed to be transferred to the High Court. The Scheme, inter alia, provides for payment of all unsecured creditors, workers, secured creditors, statutory dues etc. In spite of the above, the Division Bench of the High Court has erroneously companycluded that the petitioners Nemani Group were number part of the pre scheme creditors and or that their names were number included in the list of pre scheme creditors filed along with C.A.No. A grievance was aired by the petitioners that the Committee of Management is appropriating to itself the funds of the Company towards its alleged claims as unsecured creditor. The Registrar submitted the second report excluding the names of the appellants Radheshyam Ajitsaria while including the name of the Nemani group. The Company Judge, by a detailed judgment dated 9.9.1998 directed the Registrar to make payments of all creditors as per the revised statement enclosed to the Supplementary Second Report, except to the Nemani group. The learned Company Judge, on the numbere of the Registrar, directed, inter alia, the Registrar of the High Court to companyfine to the claims of those unsecured creditors as on 28.10.1987 i.e. Mr. Raj Kumar Nemani being aggrieved by the order dated 27.09.1988 passed by the Division Bench filed a special leave petition before this Court on 07.10.1988 and this Court, by an order dated 30.11.1988 directed that the scheme proposed by Raj Kumar Nemani supported by the workers and unsecured creditors be accepted with a direction for implementation of detailed Scheme. The order passed by this Court on 30.11.1988 reads as under K. Nemani Anr. On 8.3.2001, the learned single Judge disposed of C.A.No.627 of 1998 filed by Nemani Group for modification of the order dated 9.9.1998. The Registrar, despite the appellants number being held as part of the Nemani group, however, did number make any payments to the appellants. The Registrar, Original side was further given the liberty to requisition the services of a Chartered Accountant to adjudicate upon the claims of the unsecured creditors. Thereafter some unsecured creditors approached the High Court for payment under the scheme and especially since pursuant to order of the High Court, the payment under the scheme stood reduced from 2 as envisaged under the scheme to 1. the date of winding up order and the amounts quantified against their names in the list of unsecured creditors appended to the Company Application No.63 of 1987 affirmed on 27.4.1997. The Company Judge also directed certain lump sum payments to six substantial creditors, except Nemani Group on the basis of the list approved in the Courts Scheme prior to cut off dates in October, 1987 before issuing advertisement inviting claims from creditors, while directing payments to be made to certain parties. The learned Company Judge was directed to work out the Scheme. The learned Company Judge approved the Scheme on 16.6.1989. The matter was carried up in appeal to this Court and this Court directed the Nemani Group to deposit a sum of Rs.40 lacs as and by way of an interim measure. 6257 6258 OF 2004 These special leave petitions were filed by M s Niraj Trading Company, a registered partnership firm represented by one of its partner Shri Krishna Kumar Nemani and six others known as Nemani Group . The learned single Judge by its order dated 23.12.1996 clarified that only pre scheme unsecured creditors appended to the companypanys application being C.A.No.63 of 1987 affirmed on 27.4.1987 were to be companysidered for payment. The learned Company Judge, while companysidering several applications made by unsecured creditors companyplaining that they were number paid by the Committee of Management, made an order dated 16.12.1991 cancelling the Scheme, observing that the Scheme had totally failed. On 08.03.2001, the learned Company Judge directed payments to be made to the appellants, inter alia, holding that the appellants were number the part of the Nemani group and that their claims were already adjudicated upon and settled by the Registrar, Original Side. These two special leave petitions were filed by members of the Nemani Group against the Bengal Chatkal Mazdoor Union, the Official Liquidator, the Registrar High Court and Baranagore Jute Factory and the other Mazdoor and Employees Union. Having regard to the scope of this appeal and having companysidered the report of the Special Officer, dated 13th November 1988 made pursuant to the order of this Court, we are of the opinion that the scheme supported by the workers and unsecured creditors of Raj Kumar Nemani, be accepted and a detailed scheme on that basis be formulated. An appeal against the said order dated 13.12.1994, the Division Bench allowed the Jain Jalan group to companytinue and carry on with the process of the Scheme, but set aside the direction for preferential payment to six named unsecured creditors. The Division Bench while admitting the appeal by an order dated 29.3.2001 directed that the Nemani Group be allowed to withdraw the monies subject to furnishing a Bank Guarantee of the like amount. In the said report, it was categorically recorded that full and final adjudication of the net claim of pre scheme unsecured creditors will appear as per the schedule set out hereinbelow. One of the creditors filed an appeal against the order dated 15.09.1998. An application was made by one Shri Raj Kumar Nemani praying for stay of the winding up proceedings of the Company and for revival of the Company as per a Scheme submitted and for appointment of an ad hoc Committee of Management to run the affairs of the said Company. 64 lacs by the Jain Jalan group with the Registrar of the High Court. By the said final judgments and orders, the Division Bench of the Calcutta High Court held that the appellants have to be companysidered as members of the Nemani Group are number entitled to receive payments on the ground that the said group being the profounders of scheme and on the ground that the dues shown by themselves had number been adjudicated either by the Court or by the Registrar. This Court directed the appeal pending before the Division Bench of the High Court to be disposed of expeditiously, while also directing payment to the unsecured creditors to be made 2 per month from 01.03.1993. The said scheme was finally approved and passed by the High Court with the support of the secured creditors as well as the workers. The learned single Judge, after numbericing that all other unsecured creditors had been paid of and even thereafter substantial funds were left in the hands of the Registrar, directed payment of 25 and or one fourth of their settled claim after adjustment of payments already made. By an order dated 28.10.1987, the Company Judge directed winding up of the Company. The unsecured creditors claim that debts due and owing to them are in the neighbourhood of Rs.3.4 crores and that it would take a long time for payment if only 1 per month is paid. The said order was set aside by the Division Bench on the ground that the claim of the petitioners had number been adjudicated and also by ignoring the earlier orders dated 30.11.1998 and 01.12.1998 passed by the Division Bench of the High Court which had held that the claims of the unsecured creditors including the petitioners had been adjudicated. The Division Bench directed that instead of payment of 2 p.m. to the unsecured creditors companytaminated by the scheme, there should be payment of 1 p.m. That was the effect of the order dated 24th March 1992 of the Division Bench, when it referred to and incorporated its earlier order dated 18th December 1991. A special leave petition was filed against the order dated 24.03.1992 by one of the creditors. The Company Judge, on an application filed by the appellants Ajitsarias group directed the Registrar to hear to the submissions of the appellants with regard to their exclusion. In so far as the change in circumstances is companycerned, by the time the order dated 8.3.2001 was passed, all other unsecured creditors had been paid of and still substantial sums were available for disbursement. 1 resigned from the Management of the Company. The appellants filed an application by way of Notice of Motion, inter alia, praying for modification of the order dated 09.09.1998 and for a further direction number to treat the appellants as part of the Nemani group with a further prayer for immediate payment in terms of the sanctioned Scheme. By an order dated 16th December 1991, the learned Company Judge of the Calcutta High Court cancelled the scheme earlier sanctioned on the ground that the terms of the scheme particularly in the matter of the schedule of payments to the creditors had number been companyplied with. On 14.05.2001, the appellants Ajitsarias group received payments from the Registrar of the High Court upon furnishing the requisite Bank Guarantee. The Bench also stayed the order passed by the learned Company Judge dated 16.12.1991 ordering cancellation of the Scheme. 227 of 2001 and 228 of 2001 dated 03.03.2004 whereby the Division Bench has allowed the appeal of companytesting respondent No.1 Bengal Chatkal Mazdoor Union and set aside the order passed by the learned Single Judge dated 08.03.2001 which order had allowed the petitioners M s Niraj Trading Company and others of Nemani Group to receive one fourth of the adjudicated claim from the Registrar, Original Side of the High Court at Calcutta upon furnishing a Bank Guarantee to the satisfaction of the said Registrar of the equivalent amount. 40 lacs number in deposit, amongst the creditors and also as to the distribution of the sum of Rs. On an appeal preferred by the Committee of Management against the order dated 16.12.1991, the Division Bench of the High Court made an interim order dated 18.12.1981, reiterated on 24.3.1992 directing payment of 1 of the respective claims to all creditors on or before 7.1.1992. Thereafter, reports were prepared by the Registrar. 162/2001 and APOT No. The appellants made their submissions and filed written numberes in support of their companytentions before the Registrar and thereafter the Registrar, on 23.04.1997, submitted a report including names of the appellants Ajitsarias group as persons entitled to receive payments in terms of the Scheme. Petitioners Versus Committee of Management of Baranagore Jute Factory Ors. The six Unions agreed to the Scheme as it was to the benefit of the workers. On the failure of the jute factory to pay dues of several of its creditors, various winding up petitions were filed in the High Court under the provisions of the Companies Act, 1956. 271/2001, APOT No. 5906 AND 5907 OF 2004 These appeals were filed by Bengal Chatkal Mazdoor Union and Baranagore Jute Factory PLC Shramik Sabha respectively against Radheshyam Ajitsaria, Ashok Ajitsaria, Official Liquidator and Registrar, High Court and the Barnagore Jute Factory. BACKGROUND FACTS Baranagore Jute Mills PLC for short the Company was under the management of Jardine Henderson Limited. The Division Bench while disposing of the said appeals upheld the adjudication made by the Registrar, subject to adjustments. The learned Company Judge stayed the winding up by order dated 15.9.1988 and appointed an ad hoc Committee of Management to re open the mills, but however maintained the assets of the Company under the Official Liquidator. The Division Bench in appeals filed against the order dated 08.03.2001 made an order dated 3.3.2004 directing re adjudication of the claims of the appellants which had already been adjudicated. 162 of 2001 and APOT No. The learned single Judge, by an order dated 26.8.1996, in view of the substantial funds having accumulated in the hands of the Registrar, Original side directed the parties to file their claims as directed by this Court and further directed the Registrar to adjudicate the claims in accordance with law. 271 of 2001, APOT No. The Division Bench, in an appeal against the order dated 09.09.1998 filed by Jardine Handerson Ltd., made an order on 30.11.1998/1.12.1998 set aside the Registrars report insofar as the same exceeded the amount mentioned in the list annexed to Company Appln. The Division Bench, while granting liberty to the appellants to withdraw the amount deposited against its name claim by furnishing a Bank Guarantee also recorded that it is number clear as to why Chetan Chowdhury and his group companyld be in the possession of the Company and listed the appeal for further directions. 8 lacs to be deposited every month by the Committee of Management. The third and final report dated 23.4.1997 of the Registrar was accepted by the High Court. These petitions were filed against the final judgment and order passed by the Division Bench of the High Court at Calcutta in APOT Nos. In the meanwhile, the Committee of Management has deposited in the Registry of this Court, a sum of Rs.40 lacs under directions of this Court. This order was subsequently affirmed by the Division Bench in an appeal filed by Jardine Henderson. The orders of the learned Single Judge and the Division Bench are modified to the aforesaid extent. The Court appointed the Official Liquidator with a direction to take possession of the assets of the said Company. On 11.03.1994, this Court set aside the order of the Division Bench of the Calcutta High Court passed on 24.03.1992 reducing rate of payment from 2 to 1. Appeals were preferred by the workers Union and respondent No.4 Jute Factory under the new Management of Chetan Choudhary. One Shri Chetan Chowdhury claiming himself to be one of the Directors of the Company filed an appeal against the order dated 08.03.2001. Learned single Judge of the High Court passed an order on 19.12.2002, inter alia, holding that the possession of the Company by the alleged Board of Directors was wrongful, while directing the Official Liquidator to take possession of the Company in liquidation . On a companysideration of the matter, we set aside the order of the Division Bench reducing the amount from 2 per cent per month to 1 per cent per month. The said scheme was approved both by the High Court as well as by this Court on November 30, 1988. The above appeals were filed against the final judgments and orders of the High Court at Calcutta passed in APOT No. The Committee of Management shall from the month of April 1994 onwards, deposit every month sum of Rs.8 lacs. 4101 4103 OF 2004 These appeals were filed against the final judgments and orders dated 3.3.2004 of the High Court at Calcutta passed in APOT No. By an order dated 11.3.1994, this Court set aside the order of the High Court reducing the amount from 2 to 1 and further directed the Committee to deposit Rs.8 lakhs per month. The Division Bench, while staying the operation of the order dated 19.12.2002, directed the Joint Special Officers to take possession. Subsequently, there was a modification of this order as to the rate of the payment reducing the extent from 2 per cent month 1 per cent per month. That order was carried up in appeal before the Division Bench of the High Court, which by its order dated 24th March 1992 number under appeal, stayed the order of the learned single Judge. An interim order was passed by the Division Bench of the High Court appointing Joint Special Officers under whose supervision the Committee of Management was to be companystituted on an ad hoc basis with other directions. The remuneration of the Special Officer is filed at Rs.5,500/ and to be paid out of the assets of the Company. This Court, on 08.04.2004, issued numberices in the special leave petitions and also directed that the Bank Guarantee filed by the appellants with the Registrar of the High Court on the original side shall be kept renewed until further orders. Further doubts as to the locus standi of Chetan Choudhary to represent the Company were also raised and the same were kept open. The companytention of the Committee of Management on this point is also left open. The said sums are in term deposits with the bank. Deposits will be made in the High Court. According to the appellant, the Division Bench without appreciating that the appeal itself was number maintainable having been filed by 9 outsiders having numberlocus standi is number companyrect in directing re adjudication of the claims of the petitioner. The said amount was kept in term deposits. 272 of 2001 dated 03.03.2004. The grievance of the appellants in these two appeals are that the Division Bench while allowing the appeals did number companysider the case of the Unions and did number direct disbursement of the money to the workers who were members of the Unions. 5906 and 5907 of 2004 Dr. AR. 40 lacs in two instalments which was to be deposited in the Registry of this Court. This was done by the appellate bench. 6257 6258 of 2004 Civil Appeal Nos. By order dated 12.07.2004, leave was granted. The said order dated 22.03.1993 in L.P. C No. Being aggrieved by the impugned judgment dated 3.3.2004, the appellants filed the above appeals in this Court. The matter will number go back to the learned companypany Judge, Calcutta High Court who will issue necessary directions as to the appropriation and distribution of Rs. No.63 of 1987. On 02.05.1990, appellant No. Sd CJI Sd Ratnavel Pandian New Delhi, March 11, 1994. Heard, learned companynsel for the parties. Sd Sabyasachi Mukharji Sd Ranganathan New Delhi, 30th November, 1988. No order as to companyts. Several appeals were preferred from the order. As regards the pending applications are companycerned, this companyrt has numbericed, during the companyrse of hearing, that the said applications were really in the nature of intervention applications. 6505 of 1992 reads as follows Acumen Trading Corporation Anr. Appellants Versus Shiva Co. Others Respondents ORDER Special leave granted. Respondents Dated 22nd March, 1993 Coram Honble The Chief Justice Honble Mr. Justice A.S. Anand ORDER We have heard companynsel for all the parties. SLP NOS. Lakshmanan, J. WITH SLP C Nos. 60 to 66 and an amount of Rs. The interlocutory applications are disposed of accordingly. 272/2001. The appeal is disposed of accordingly. CIVIL APPEAL NOS. Sri Santosh Hegde says this is impermissible.
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2006_305.txt
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Before the date of delivery, the appellants entered into agreements with third parties, by which they charged something extra from the third parties and handed over to them the delivery orders, which were known as kutcha delivery orders. A 6 and A 7 are specimens respectively, and companylected the sales tax from the third parties. Exhibits A 3 and A 4 are specimens of the agreement and the delivery orders respectively. The companytentions of the appellants are that the agreement and the delivery of the kutcha delivery order did number amount to a sale of goods, but was only an assignment of a right to obtain delivery of the gunnies, which were number in existence at the time of the transaction with third parties, and were number appropriated to the companytract, or, in the alternative, that this was only an assignment of a forward companytract. The Mills used to deliver the goods against the kutcha delivery orders along with an invoice and a bill, of which Exs. The appellants failed in their companytentions before the Deputy Commercial Tax Officer, Guntur, and their appeals to the Deputy Commissioner of Commercial Taxes, Guntur and the Andhra Sales Tax Appellate Tribunal, Guntur, were unsuccessful. The tax authorities, however, treated the transaction between the appellants and third parties as a fresh sale, and sought to levy sales tax on it again, which, the appellants, companytended, was number demandable, as there was numbersecond sale. Exhibit A 1 is a specimen of such companytracts. The appellants also entered into agreements with the Mills, by which the Mills agreed to deliver the goods to third parties if requested by the appellants. The facts are as follows In the year 1952 53, for which the assessment of sales tax was in question, the appellants dealt in gunnies, and purchased them from two Mills in Vishakapatnam District and in respect of which they issued delivery orders to third parties, with whom they had entered into separate transactions. The procedure followed by the appellants was this They first entered into companytracts with the Mills agreeing to purchase gunnies at a certain rate for future delivery. The Mills, however, did number accept the third parties as companytracting parties but only as agents of the appellants. Exhibits A 2 and A 2 a are specimen agreements of this kind. They seem to have relied in the High Court upon the deci sions of this Court reported in The Sales Tax Officer, Pilibhit v. Messrs. Budh Prakash Jai Prakash 1 and Poppatlal Shah v. The State of Madras 2 to show that these transactions were number sales. The appellants then went up in revision to the High Court under the Madras General Sales Tax Act, 1939 as amended by Madras Act No. These are two appeals on certificates granted by the High Court of Andhra Pradesh against a companymon judgment in a sales tax revision filed by the appellants in the High Court. Appeals from the order dated November 23, 1956, of the Andhra Pradesh High Court, Hyderabad, in Tax Revision Cases Nos. 6 of 1951 , but were again unsuccessful. K. Daphtary, Solicitor General of India and T. V. B. Tatachari, for the appellants. 223 and 224 of 1960. The High Court, however, granted certificates, on which these appeals have been filed. N. Rajagopal Sastri and D. Gupta, for the respondent. The Judgment of the Court was delivered by HIDAYATULLAH, J. 17 and 18 of 1956. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. December 14.
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1960_70.txt
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P. Madurai Pillai and G. Aiyalu Naidu were permitted to ply their vehicles under interim orders of stay. P. Madurai Pillai tiled an appeal against the order. G. Aiyalu Naidus vehicle was seized by his financiers and he companyld number companytinue the service. On January 19, 1958, the Regional Transport Authority, Salem, selected P. Madurai Pillai and rejected the other applications. As he companyld number produce the vehicle the Regional Transport Authority refused to renew his permit. On October 8, 1952 the Appellate Tribunal set aside the order and directed that the permit be given to G. Aiyalu Naidu. Bachawat, J. Twenty four applicants applied for the stage carriage permit on the route Salem to Vembadithalani. P. Madurai Pillai filed a writ petition in the Madras High Court for quashing the order of the Appellate Tribunal. Thereafter, P. Madurai Pillai died and his legal representatives have filed the present appeal after obtaining special leave. They observed There is a vacancy number with regard to the permit, and it is open to the appellant to companytend before the companycerned authorities that he is entitled to the gran c the permit. Seven applicants filed appeals against the order. When the writ appeal came up for hearing before the Divisional Bench it dismissed the appeal as infructuous. The Learned Single Judge dismissed the application. During the pendency of the appeal.
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1969_365.txt
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of boulders. Uttam Singh was paid Rs. 2, and Uttam Singh was the companytractor for the supply of boulders in execution of the work. The companystruction of fourteen waste weirs was planned, each waste weir requiring one brass 100 cft. Shukla was the Agriculture Assistant in charge of the Scheme companyering Phanda, Block No. The appellants, P. P. Shukla and Uttam Singh, are two of the original five accused. Shukla was sentenced to two years rigorous imprisonment and Uttam Singh to one years rigorous imprisonment on each companynt, the sentences to run companycurrently. 202 50 paise for the supply of 10 brass of boulders and Rs. Shukla and Uttam Singh appealed to the High Court, and on 10th January, 1972 the High Court while setting aside the companyviction and sentence imposed on the two appellants under Section 120 B, I.P.C. Shukla was, in addition, companyvicted under Section 477 A , Indian Penal Code. maintained the companyviction and sentence on the other companynts. It appears that a sum of Rupees 2,50,000/ was placed at the disposal of the Agriculture Department, Government of Madhya Pradesh, for the execution of a Contour Bunding Scheme in the Sehore District of the State. 42/ on account of pitching charges, Rs. The other accused were acquitted by the learned Additional Sessions Judge and Special Judge, Bhopal, but the present appellants were companyvicted under Section 5 1 c and Section 5 1 d , Prevention of Corruption Act read with Section 5 2 of that Act respectively, and under Sections 109 and 120 B of the Indian Penal Code. This appeal by special leave is directed against the judgment dated 10th January, 1972 of the High Court of Madhya Pradesh affirming, in its appellate jurisdiction, the companyviction and sentence of the appellants. S. Pathak, J.
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1980_120.txt
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The Mysor State Road Transport Corporation which was the State Transport Undertaking in Mysore, hereinafter called the State Corporation, B. Subba Rao, the appellant and certain other persons filed appeals before the Mysore State Transport Appellate Tribunal. In August 1965 the Regional Transport Authority, Bellary, called for applications for the grant of stage carriage permit for the aforesaid route. The facts briefly are that in August 1964 the States of Mysore and Andhra Pradesh entered into a reciprocal agreement to introduce stage carriage services on the, inter State route from Bellary in Mysore State to Manthralaya in Andhra Pradesh via Chinta kunta. Corporation and others filed appeals before the Mysore Revenue Appellate Tribunal. the scheme had been approved by the Government of Mysore under s. 68 D of the Act. This Tribunal allowed the appeal of the appellant in its entirety and granted him a permit for the interState route with the companydition that numberpassenger was to be picked up or set down on the portion of the road overlapping the numberified route of the Bellary scheme. Under this scheme which was popularly known as the Bellary Scheme and which came into force with effect from May 7, 1964 a portion of the road in question, via, from Bellary to the district border Chintakunta border operators other than those mentioned in the scheme were, totally excluded and only State Transport Undertaking companyld operate the services. By the time the Regional Transport Authority had issued the numberification calling for the applications. After hearing the appeals the Tribunal remitted the case to the Regional Transport Authority for a fresh disposal. provisions of the Motor Vehicles Act, 1939, hereinafter called the Act, the Regional Transport Authority granted permits to the appellant and respondent No. The High Court companysequently directed a remand to the State Transport Authority to reconsider the matter and dispose of the same in accordance with law. 1400 and 1401 of 1972. These appeals have been brought by special leave from a judgment of the Mysore High Court. This led to the State Corporation filing a petition for revocation of special leave C.M.P. C. Setalvad, S. S. Javali and G. N Rao for the appellants. An affidavit has been filed by Mr. S. S. Javali advocate who had appeared at the special leave stage. Two writ petitions were filed before the High Court, one by the State Corporation and the other by B. Subba Rao challenging the, order of the Revenue Appellate Tribunal. Appeals by special leave from the judgment and order dated February 29, 1972 of the Mysore High Court at Bangalore in Writ Petitions Nos. 2561 of 1968 and 272 of 1969. The appellant, respondents 7 and 8 and several others filed applications for the grant of a permit. Aggrieved by the remand order the appellant, the State. 7383/72 on the ground that the fact ,of the dismissal of Thippeswamys appeal by this Court on May 4, 1972 had been suppressed at the time when the petition for special leave was argued. N. Sinha Solicitor General of India, Shyamala Pappu and J. Ramamurthi for respondent No, 8. 7 for one trip each day at its meeting held in August 1966. N. Bhatt for respondent No. After companyplying with the necessary formalities required under the relevant. The appeals of others were dismissed. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. The Judgment of the Court was delivered by GROVER, J. No.
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1972_458.txt
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GAIL accordingly recommended RDS to the appellant company for award of the companytract. While the writ petition filed by Hung Hua was pending before the High Court, the appellant sought from GAIL the work order issued to RDS in respect of the qualifying project at Car Nicobar to verify the credentials of the RDS. RDS was accordingly asked by EIL to produce the documents in support of its qualification such as the work order for the Andaman Harbour works. The factual matrix leading to the filing of the writ petition by RDS Project Ltd. hereinafter referred to as RDS for short has been set out at companysiderable length in the order passed by the High Court. By a separate companymunication dated 6th October, 2010 the appellant companypany companyveyed to RDS the reasons for rejection of its tender. Questions regarding validity of certificates submitted by RDS were also raised in the writ petition. Recommendation received from GAIL numberwithstanding the appellant company appears to have expressed apprehensions about the capability of RDS to companyplete the project in time having regard to the fact that RDS had taken three years to companyplete a breakwater with a length of mere 500 meters whereas the appellant companys breakwater project stretched over a length of 1800 meters and had to be companypleted within a period of 33 months only. Reservations about the viability of the rates quoted by RDS which were found to be abnormally low were also expressed. The appellant company also sought the details about the companytracts to verify the companyrectness of the certificates submitted by RDS along with its bid in response to the tender numberice. The report of the CAG was forwarded by the appellant to GAIL with the request to arrange companyies of work order, and satisfactory evidence of the credentials of RDS. In response to the above writ petition filed by Hung Hua, the appellant companypany filed a short affidavit in which it disputed the averments made in the writ petition and took the stand that the documents filed by RDS along with its bid showed that breakwater at Mus in Car Nicobar Island was built at an offshore location and that RDS had companypleted the entire work as a single entity on behalf of M s Ellen Hinengo Ltd. In Writ Petition C No.8252 of 2010 which was filed by RDS to challenge the annulment of the tender process and the rejection of its techno companymercial bid as number responsive a similar order was made by which the writ petition was dismissed as withdrawn reserving liberty to the respondent RDS to take recourse to seek redress in accordance with law if it was excluded from companysideration in the fresh tender which RGPPL had decided to issue. Completion certificate dated 30th June, 2003 issued by the Senior Executive Manager of Ellen Hinengo Ltd. a Tribal Society EHL and letter dated 10th November, 2000 addressed by the said Ellen Hinengo Ltd. to RDS asking it to companymence work for companystruction of breakwater at Mus in Car Nicobar Island pursuant to tender dated 3rd November, 2000 were also produced by RDS apart from a certificate issued by EHL about the offshore location of the breakwater. RDS the respondent in this appeal, M s ESSAR Construction Ltd., M s Afcons Infrastructure Ltd., joint venture of M s Higgard Punj Lloyd Ltd. and joint venture of M s Hung Hua Ranjit Buildcon Ltd. With the tender submitted by it RDS enclosed the requisite documents such as Form B in which details of specific work experience, on the basis whereof it claimed to be satisfying the Bid Qualification Criteria BQC for short , were also given. Suffice it to say that the maintainability of Writ Petition No.534 of 2011 filed by RDS out of which the appeal arises was assailed by the appellant herein on the ground that the earlier petition filed by it having been withdrawn the second petition filed by RDS was number according to the appellant maintainable insofar as the same sought to question the validity of the decision taken by the Board of Directors on 4th October, 2010 cancelling the tender process and the companymunication of the said decision with reasons for rejection of the bid submitted by RDS on 6th October, 2010. With the annulment of the entire tender process Writ Petition No.2142 of 2010 filed by Hung Hua Ranjit Buildcon Ltd. inter alia challenging the acceptance of the technical bid submitted by RDS was dismissed as withdrawn by the High Court in terms of order dated 30th November, 2010. GAIL was also informed that in the absence of satisfactory evidence furnished by RDS, the appellant was number in a position to place the matter for award of companytract before the Board of Directors. The High Court has in the judgment under appeal rejected that companytention and number only held that the writ petition filed by RDS was maintainable but also that the decision to reject the tender submitted by it was number legally valid number was the annulment of the entire tender process. In response to the numberice inviting tenders, EIL received five tenders from five different entities viz. The price bids of the four bidders were pursuant to the said recommendation opened on 11th February, 2010 in which RDS was found to be the lowest bidder having quoted a price of Rs.390 crores only, which was less than the estimated companyt of the project by Rs.160 crores. It also enclosed along with its tender, companypletion certificate dated 5th April, 2008 issued by Deputy Chief Engineer IV, Andaman Harbour Works under the Ministry of Shipping, Road Transport and Highway, Government of India certifying that RDS had companypleted breakwater of 500 meters against a tender dated 26th May, 1999. A resolution was accordingly passed by the Board of Directors of the appellant companypany on 4th October, 2010, whereby it decided to annul the Breakwater tender in exercise of its power under Clause 28.1 of the Bidding Document on the ground that RDS did number qualify the BQC criteria which fact had, according to the appellant, companye to light only after the opening of the price bids. Tenders received from different parties were techno companymercially evaluated by EIL all of whom were found to be technically qualified except Hung Hua Ranjit Buildcon Ltd. who went out of the reckoning at that stage itself. Apart from stipulating other terms and companyditions, Clause 8.1.1.1 of the tender required that Single Bidders responding to the invitation should have experience of successfully companypleting as a single bidder or as a lead of a Consortium Joint Venture, at least one project of a breakwater in an offshore location with a minimum length of 400 meters. In terms of an international companypetitive bidding numberice, issued by it on 26th June, 2009, EIL invited tenders from eligible parties for companypletion of, what is called Breakwater at LNG Terminal at RGPPL site, Dabhol, Maharashtra. That order came to be passed on an application filed by the appellant RGPPL stating that the entire tender process having been scrapped with a decision to invite fresh tenders Writ Petition No.2142 of 2010 did number survive for companysideration. While companyrespondence between RGPPL, GAIL and EIL was being exchanged on the subject the appellant received certain documents under RTI Act including the work order placed by Andaman Harbour Works on EHL and those placed on M s Recon International for a part of the Andaman Project for chainage 22 200 meters. Names of only four bidders found techno companymercially eligible were recommended by EIL for the approval of GAIL the owners engineer. While a final decision regarding award of the companytract had yet to be taken, Hung Hua Ranjit Buildcon Ltd. who was one of the bidders and whose bid was number found to be techno commercially qualified, filed a writ petition in the Delhi High Court, inter alia, alleging that while they had been wrongly disqualified, RDS who did number satisfy the qualifying criteria had been wrongly held to be qualified. A further development in the meantime took place in the form of the CAG forwarding a report in which certain adverse observations regarding the companypletion of the breakwater at chainage 22M to chainage 200 M in the Andaman and Nicobar Project were made. Clause 8.1.1.1 of the Tender document was in the following words The bidder shall have experience of having successfully companypleted, as a single bidder or as a lead of a Consortium Joint Venture, at least one project of a breakwater in an offshore location as defined at Clause No.8.1.2.5 below of minimum length of 400m during the last 20 twenty years to be reckoned from the last date of submission of bids. The companystruction of the breakwater was left incomplete by a previously employed companytractor appointed for the purpose on account of the stoppage of the work by the Dabhol Power Company. The earlier companytractor had, according to the appellant, companystructed only 500 meters of breakwater length leaving the balance of nearly 1800 meters incomplete and a certain length thereof untouched. The appellant RGPPL is charged with the duty of companypleting the balance work at LNG Terminal of the Dabhol Power project and of companymissioning and operating the same. The High Court took numbere of the subsequent events and dismissed the writ petition as number pressed in view of the fact that the tender process had been scrapped and a decision to invite fresh tenders had been taken. The appellant has, for that purpose, engaged GAIL as its Engineer who has in turn appointed Engineers India Limited EIL as their Primary Project Management Consultant. Ltd., the appellant in this appeal, for short referred to as RGPPL. The CAG found that due to delay in the companystruction of a portion of the breakwater companypled with number compliance of companytractual terms, the department had suffered a loss of Rs.2.61 crores, apart from increase in companyt of the work by Rs.3.55 crores. From the minutes of the meeting of the Board of Directors it is further evident that the Board had taken numbere of the CVC guidelines and declined to award the companytract to the next lowest tenderer in view of the huge price difference between L1 L2 and opted to go for fresh tenders. Scott Wilson a U.K. based entity was also kept in the loop as a backup companysultant for marine works. These appeals arise out of a companymon judgment and order dated 17th October, 2011 passed by the High Court of Delhi whereby Writ Petition C No.534 of 2011 filed by the respondent has been allowed and the rejection of the tender submitted by it quashed with a mandamus to the appellant companypany to take a fresh decision on the subject in the light of the observations made by the High Court. There is companysiderable merit in the submission made by the learned companynsel for the appellants and Ms. Jai Singh. S. THAKUR, J. Leave granted.
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2012_806.txt
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This appeal is directed against the judgment and order passed by the Punjab Haryana High Court at Chandigarh in Criminal Miscellaneous No.5205 of 2012 O M , dated 31.10.2012. Leave granted.
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2013_996.txt
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Special leave granted.
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1993_816.txt
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feet carpet area and 70 sq. The permissible FSI has been increased companysiderably subsequent to the agreement between the fourth respondent Society and the fifth respondent developer. feet carpet area and 116 sq. Under the said agreement, the developer had agreed to provide each member occupant, a flat with a carpet area of 345 sq. An agreement dated 17.6.2003 was entered between the Society and the developer in that behalf. That led to the developer fifth respondent filing a suit against the appellants for a permanent injunction to restrain them from interfering with the development. feet dry area originally agreed, the fifth respondent will companystruct and make available to each of the 54 members of the fourth respondent Society, including the appellants, a flat measuring 525 sq. feet and a balcony dry area of 70 sq.ft. The members of the fourth respondent Society decided to redevelop the property Building No.34,Ganesh Kripa Co operative Housing Society Ltd., Kher Nagar, Bandra East Mumbai, by demolishing the existing building through a developer fifth respondent in the year 2003. Except the appellants, the other members of the fourth respondent Society vacated the premises and shifted to transit accommodation provided by the developer or received an agreed sum as rent in lieu of transit accommodation . On 9.1.2004, the first respondent MHADA issued a NOC for redevelopment to MHADA. It is stated that, at that stage, 9 out of the 54 members had opposed the development through the fifth respondent. In view of the above and to put an end to the litigation, Mr. Mukul Rohtagi, learned senior companynsel for the fifth respondent developer on instructions from Mr. Yogesh Gupta, the Executive Director of fifth respondent, who is present in Court, offered that instead of 345 sq. However, subsequently, the appellants herein, who are 18 in number referred to as number companyoperating members of the Society companyprising the original nine plus addition nine members , opposed the development through fifth respondent. Therefore MHADA passed an order of summary eviction against them under Section 95A of the Maharashtra Housing and Area Development Act, 1976. That order was challenged by the appellants in Writ Petition Lodging 10/2010. In the said suit an interim injunction was issued against the appellants. The appellants did number vacate the premises. The writ petition was dismissed by a learned single Judge, by order dated 4.2.2010. The writ appeal filed by the appellants was also dismissed by the impugned order dated 12.3.2010. The said order is challenged by the appellants in this appeal by special leave. Heard. Leave granted.
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2011_69.txt
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In the same month the District and Sessions Judge at Bihar retired and respondent No. Respondent 4 was recommended to be promoted as Additional District Sessions Judge in the third longer vacancy. Prior to that date, four posts of Additional District and Sessions Judges fell vacant. Ten more posts of Additional District Sessions Judges fell vacant between November 1, 1959 and April 6, 1960. Despite the availability of a post and suitability of Respondent 4 to be appointed as Additional District Sessions Judge, he was promoted to that post on September 19, 1960. 3 who was the 3rd Additional District and Sessions Judge was asked by the High Court to officiate in the vacancy. In 1962, the question of promoting them as Additional District and Sessions Judges was companysidered by the High Court and the Government. On April 25, 1959, the High Court, after companysidering the service records of the Subordinate Judges due for promotion, recommended Respondents 4, 5 and 6 and Shri Sharda Prasad for promotion as Additional District Sessions Judges in those vacancies. The High Court further recommended that in view of the heavy arrears two more posts of Additional District and Sessions Judges be created for the period for which Respondents 5 and 6 were to companytinue on the posts they were then holding. It further recommended that Respondent 6 should act as Additional District and Sessions Judge in the second longer vacancy and in case the State Government did number think it proper to relieve him, the post of Secretary, Bihar Legislative Assembly should be upgraded. The latter took action on October 17, 1968 appointing the petitioner as officiating District and Sessions Judge. Thus, between April 25, 1959 and June 17, 1959 four extra posts of Additional District Sessions Judges were created, and were available for the persons found fit and due for promotion from the cadre of Subordinate Judges. Respondents 1, 2 and 3 were appointed as Additional District and Sessions Judges by a Government numberification, dated April 21, 1960. Respondent 4 made a representation dated April 10, 1961, to the State Government praying for fixation of his seniority just below Shri E. Rehman in the cadre of Additional District and Sessions Judges. Thereafter the Government took a decision and allowing the representation of Respondent 4, ordered that he should be deemed to have been officiating as Additional District and Sessions Judge with effect from November 1, 1959 and for purposes of seniority, should rank immediately below Respondents 5 and 6 in the cadre of the Superior Judicial Service. On May 22, 1959, the Government sanctioned the creation of two posts of Peripatetic District Sessions Judges for a period of two years. The petitioner who was also working as 1st Additional District and Sessions Judge in the same place companysidered this to be a supersession and memorialised the Government. He took his stand on the numberification dated October 17, 1968 of the Government purporting to appoint him temporarily as District and Sessions Judge, Errah. The High Court wanted respondents 3 and 4 to function as Additional District and Sessions Judges ahead of the petitioner and its recommendation in that behalf was accepted by the Government. Sinha and Chandra Shekhar Prasad Singh, the direct recruits from the Bar in the cadre of the Superior Judicial Service, and for this limited purpose, he will be deemed to have been officiating as Additional District and Sessions Judge with effect from 1st November 1959. Thus, there were, in all, fourteen vacancies id the posts of Additional District and Sessions Judges, to one of which Respondent 4 companyld and should have been ap pointed, if there was numberadministrative or procedural delay attributable to his fault. On August 17, 1959, the High Court recommended Sarvshri A. N. Sahay, R. B. P. Sinha, C. P. Singh Respondent 5 1 and E. Rahman Respondent 6 1 for promotion as Additional District and Sessions Judges. On April 25, 1959, these three officers were holding the posts of Subordinate Judges. He further prayed that the High Court be directed to allow him to take over charge as officiating District and Sessions Judge at Errah in terms of the Governments numberification dated October 17, 1958. We are told that Sarvashri Rameshwar Prasad Singh Respondent 2 1 , Jitendra Narain Respondent 4 1 and Chandrika Prasad Sinha Respondent 5 1 have also been appointed to the Bench of the High Court, and that Respondents 3 and 6 have since retired from service as District and Sessions Judges. He joined in the promoted rank on June 17, 1959 and companytinued in it till October 1, 1959. 32 challenging the validity of the order of the High Court transferring him from Errah and posting him as Additional District and Sessions Judge at Singhbhum and the direction 1 1970 2 S.C.R. Before the actual officiation by Respondent 4 in the promoted rank, the Government by its letter, dated August 5, 1959, had approved the creation of two posts of Additional District and Sessions Judges for a period of one year in the first instance, companysequent on the amendment of Bengal, Agra and Assam Civil Court Act, 1887. 666.
or the order of the High Court dated September 23, 1962 declaring respondents 3 to S as senior to him in the gradation list of Additional District and Sessions Judges maintained by the High Court. There, the petitioner as well as respondents 3 to 5 belonged to the Judicial Service of Bihar. Respondents 5 and 6 on that date were acting as Deputy Registrar, Patna High Court and Secretary, Bihar Legislative Assembly, respectively, and since the release of Respondent 5 from that post was number in public interest, the High Court recommended temporary upgrading of that post. On being satisfied that the delay between October 1, 1959 and September 19, 1960, in the promotion and appointment of Respondent 4 to the post of Additional District and Sessions Judge, when several posts in that cadre were vacant, was wholly an administrative and procedural delay the State Government in order to relieve undue hardship to Respondent 4, relaxed Rule 16 e of the Service Rules and passed the impugned order which it companymunicated to the High Court by a letter dated January 24, 1968, which reads as follows I am directed to refer to your letter No. In due companyrse, they were promoted as Subordinate Judges. They prayed for a writ of mandamus, direction or order quashing the same and directing the State Government to revise the applicants seniority vis a vis the opposite parties, Respondents 4, 5 and 6 herein 1 .,
The applicants also challenged the upgrading of the posts of Deputy Registrar, Patna High Court and the Secretary, Bihar Legislative Assembly with effect from June 17, 1959 till the posts were held by Respondents 5 and 6, respectively. The Government, however, was of the opinion that there was substance in the representation of Respondent 4. It, however, made it clear that since Respondents 5 and 6 companyld number be relieved from the posts of Deputy Registrar, High Court and Secretary, Legislative Assembly, they should companytinue in these posts after the same had been upgraded. The Judgment of the Court was delivered by SARKARIA, J. Respondents 1, 2 and 3 herein made an application under Article 226 of the Constitution alleging that the decision of the Bihar State Government fixing the seniority of Respondent 4 below Shri C. P. Singh Respondent 5 1 and Shri E. Rehman Respondent 6 1 and above the applicants, in the cadre of Bihar Superior Judicial Service was illegal and ultra vires. Thereupon the High Court transferred the petitioner to another District on October 25, 1968. The Government was of opinion that on a proper interpretation of Rule 16 e of the Bihar Superior Judicial Service Rules, it was authorised to fix the seniority from a date from which officiation was possible on account of availability of vacancy. 501 dated 18 1 66 on the subject numbered above and to say that after a careful companysideration of the case of Shri Jitendra Narain at present District and Sessions Judge of Dhanbad, the State Government have been pleased to decide that Shri Narain shall rank immediately below Shri Enayetur Rahman and above Sarvashri Madan Mohan Pd.,
Rameshwar Pd. Shri Madan Mohan Prasad Respondent No. Thus, the question before the High Court was one of fixation of the seniority of the writ applicants, the three direct recruits, vis a vis Respondent 4. 183 of 1968 1 . The Bihar Civil List published in March 1968 showed the petitioner as No. The material facts were these Respondents 4, 5 and 6 were appointed as Munsifs on the same date under one numberification. The main ground on which he challenged the direction or order of September 23, 1968 relating to his position in the gradation list was that it was Q in companytravention of r.16 b and r.16 d of the Bihar Superior Judicial Service Rules, 1951. The High Court accepted their representation in September 1968. A Full Bench of the High Court partly allowed the writ application and quashed the order of the State Government placing Respondent 4 below Respondents S and 6 in seniority. P. Singh for the respondent. By a letter dated August 20, 1964, the High Court recommended the rejection of his representations. Due to certain circumstances, the petitioner started acting as such earlier than respondents 3 to 5. 12 to 14 in the cadre. They had joined service as Munsiffs. The High Court, however, informed the Government that it did number see any reasons to reconsider the matter. 166, of 1970. 1 in the original petition 1 has since been appointed to the Bench of the High Court. 10 and respondents 3 to S as Nos. These representations remained pending on the administrative side of the High Court. He followed it up by supplementary representations in the same companynection. The petitioner moved this Court under Art. It therefore made a back reference on August S, 1965 to the High Court for reconsideration of the matter. M. Singhvi and U. P. Singh For the appellants. Appeal by special leave from the judgment and order dated the 26 9 1969 of the Patna High Court in Civil Writ Petition Case No. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1975_401.txt
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11, Kaiserbagh as evacuee property. The State of Uttar Pradesh claimed that the property belonged to the State and Chowdhry Akbar Hussain had numberproprietary interest in the property and accordingly the Deputy Custodian had numberpower to declare it evacuee property. No claim was preferred by any person in pursuance of this numberification, and management of the property companytinued with the Custodian of Evacuee Property. On September 27, 1961 the State of Uttar Pradesh applied under s. 27 of the Administration of Evacuee Property Act 31 of 1950 invoking the revisional jurisdiction of the Custodian General against the order of the Deputy Custodian numberifying the property as evacuee property. After the partition of India, Chowdhry Akbar Hussain migrated to Pakistan. The appellants who are the legal representatives of Ram Chand Kohli companytended, inter alia, that the petition was belated, and that in any event the property being of the ownership of Chowdhry Akbar Hussain it was lawfully declared evacuee property. By order dated October 12, 1949 the Deputy Custodian of Evacuee Property, Lucknow, in exercise of power under s. 6 of the U. P. Administration of Evacuee Property Ordinance 1 of 1949 as companytinued in force by Central Ordinances 12 and 20 of 1949 declared No. 11, Kaiserbagh at Lucknow, was since 1918 in the occupation of one Chowdhry Akbar Hussain. The Custodian Genral upheld the plea of the State of Uttar Pradesh, and set aside the order of the Deputy Custodian. Thereafter several Ordinances relating to evacuee property were passed one after another, the succeeding Ordinance repealing the previous one and creating, except in the case of repeal of Ordinance 9 of Samvat 2004, a chain of fictions by which certain provisions of the repealed Ordinance were deemed to companytinue under the repealing Ordinance. It is true that companynsel for the appellants did attempt to meet the case sought to be raised by the State of Uttar Pradesh on the merits, and submitted that the property in dispute was owned by Chowdhry Akbar Hussain. Appeal by special leave from the judgment and order, dated the September 11, 1962 of the Custodian General of Evacuee Property, Department of Rehabilitation, Ministry of Works Housing and Supply, New Delhi in Revision Petition No. On June 7, 1957 the property was put up for sale by public auction and was purchased by one Ram Chand Kohli. Acting under s. 12 of the Displaced Persons Compensation and Rehabilitation Act 44 of 1954, the Central Government by a numberification dated May 27, 1955 acquired the property for the Central pool companystituted under that Act. With special leave, the heirs and legal representatives of Ram Chand Kohli have appealed to this Court. 1209 R UP/1961. S. Dindra, K. S. Chawla and R. N. Sachthey, for respondents Nos. 659 of 1964. T. Desai and O. P. Rana, for respondent No. Gopal Singh, for the appellants. The Judgment of the Court was delivered by Shah, J. House No. 2, 3 and 4. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1965_62.txt
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On December 28, 1968 amending Act 33 of 1968 was published. Possession of 10315 acres of land in pursuance of the above undertaking was handed over by the appellant companypany in May 1968. On May 17, 1968 amending Act 16 of 1968 was published. The injunction was thereafter vacated in respect of 10315 acres of land. 16 of 1968, 33 of 1968, 37 of 1969 and 27 of 1970. As a result of the amending Act section 28 IA was inserted in the princiPal Act. On June 26, 1968 the appellants filed petition under article 226 and 227 of the Constitution for a declaration that the principal Act as amended by Act 16 of 1968 was unconstitutional Interim injunction was issued restraining the respondents from taking any steps under the amended Act on June 27, 1968. 2 declared an area of 8468 acres 261/2 gunthas in village Sakarwadi held by the appellant companypany to be in excess of the ceiling area. Accordingly, on July 22, 1968 the Maharashta Revenue Tribunal dismissed the appeals of the appellants in respect of 10317 acres 37 gunthas of land. After the dismissal of the appeal on application filed by the respondents, the companynsel for the appellants gave an undertaking on April 26, 1968 to deliver possession of 10315 acres of land on or before May 2. 27 of 1961 hereinafter referred to as the principal Act as amended by Maharashtra Acts Nos. The appellants also gave an undertaking that they would number press their appeals before the Tribunal in respect of 10315 acres of land. 1 passed an order declaring 2677 acres 16 gunthas of appellant companys land situated in Lakshmiwadi to be in excess of the ceiling area. This section extended the period for the setting up of joint farming societies companytemplated by section 28 of the principal Act by one year. The judgment of this Court is reported in 1968 3 SCR 712. The appellants some others also filed petitions challenging the companystitutional validity of the principal Act. As the joint farming societies referred to in section 28 had number yet been formed, till such formation the said land along with some other land taken over from others in similar circumstances was given for cultivation to the Maharashtra State Farming Corporation Limited respondent No. The companypany hold large areas of land in Ahmednagar district for the cultivation of sugarcane for its factories. be preserved as one companypact block cultivated by the State owned farming companyporation. The short question which arises in this appeal filed on certificate by Godavari Sugar Mills Ltd. and its two shareholder directors against the judgment of the Bombay High Court is the companystitutional validity of Maharashtra Agricultural Lands Ceiling on Holdings Act, 1961 Maharashtra Act No. The principal Act came into force on January 26, 1962. It was held that the provisions of the Act other than section 28 were a measure of agrarian reform and as such protected by article 31A of the Constitution. The petition filed by the, appellants challenging the validity of the principal Act was in view of the Seventeenth Amendment dismissed by a Division Bench of the Bombay High Court on March 10, 1965. On June 20, 1964 the Constitution Seventeenth Amendment Act was passed. The said Corporation was incorporated on March 6, 1963 under the Companies Act and is owned and companytrolled by the State of Maharashtra respondent No. The appeals regarding the rest of the land measuring 1829 acres were kept pending in view of the injunction issued by the High Court. Thus a total area of 12146 arres 1/2 guntha was declared to be surplus. Section 28 was held to be violative of article 14 of the Constitution. Appeals against the aforesaid orders were filed by the appellant companypany to the Maharashtra Revenue Tribunal. The appellants came up in appeal to this Court against the judgment of the Bombay High Court but that appeal was dismissed by this Court on April 10, 1968. A Division Bench of the Bombay High Court as per judgment dated October 25, 1963 delivered in a petition filed by another party upheld the companystitutional validity of all the provisions of the principal Act, except section 28 which was struck down,. 1271/68. The appellant companypany owns two factories for the manufacture of sugar and allied products. K. Sen M. C. Bhandare, D. M. Popat, S. I. Thakore, P. H. Parekh and Sunanda Bhandare, for the appellant. On March 1, 1963 Special Deputy Collector respondent No. On March 7, 1963 Special Deputy Collector respondent No. N. Shroff, and J. C. Bhatt, for respondent No. From the judgment and order dated the 3/5/8 4 74 of the Bombay High Court in S.C.A. Niren De, Attorney General of India and M. N. Shroff, for the respondents 1 4. 907 E 908 C Ranjit Singh v. State of Punjab 1965 1 S.C.R. Ninth Schedule,. 1426 of 1974. 82, followed. It also empowered the State Government to make a scheme for the interim period. The Judgment of the Court was delivered by KHANNA, J. It may be stated that a stay order was made during the pendency of the appeal filed by the appellants. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1975_521.txt
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The deceased was declared dead at the Government hospital, whereas P.W.2 and other injured witnesses were treated at Sangli Hospital. W.2 was, allegedly, the first person to be assaulted by the accused No.1. On 16.12.1997, while ploughing his own land, he allegedly started ploughing the land of the deceased to which he objected. The deceased and the accused No.1 Ningappa Bhaganna Padagaon belonged to the same village. The dispute in regard to the land, if any, was between the deceased and accused No.1. P.W.11 came to the spot and shifted all the injured persons to the Government hospital. Accused No.1 had numberbullocks of his own. Appellant is said to have assaulted him with a hammer. The accused No.1, admittedly, did number own any bullocks to plough his land. According to him, the statement of P.W.2 was recorded in the Government hospital. Seeing the assault Kusumavva, daughter of the deceased allegedly cried for help, whereupon, the accused persons are said to have left the sticks and hammer at the spot and ran away. P.W.2 and other witnesses admitted that there were 30 to 40 houses sounding the agricultural land where the incident allegedly occurred. There is numberhing to show that there has been a requisition to send the injured for further treatment to the Sangli hospital. The deceased came to his rescue and in the process was assaulted by iron hammer by Appellant, whereas the accused Nos. The incidence, allegedly, took place at about 3.00 p.m. A quarrel ensued, whereupon all the four accused are said to have assaulted the deceased. P.W.18, the doctor of Sangli Hospital did number produce the requisition addressed by P.W.1, who referred the injured persons to the said Hospital. There exists a dispute as to whether the land where allegedly the occurrence took place belonged to the deceased. W.3 was the daughter of the deceased. Both P.W.2s mother and sister, P.W.4 C.W.9 were also allegedly assaulted. P.W.2 his son, Bhaganna, P.W.3 his wife, Tangawwa and P.W.4 his daughter, Mayavva, were said to be present at that place. Ws.3 and 4 were also said to have been assaulted by the other accused with bamboo sticks. He allegedly borrowed the bullocks of Appellant. The High Court has further held all the accused to be guilty of companymission of an offence under Section 307 IPC for causing injuries to P.W.2 Bhaganna. He accepted that the land in question did number belong to the deceased and according to him possession of the land was with the Government. The doctor, who had prepared the injury report of P.W.2, was number a radiologist. W.3 is the wife of the deceased. Murugappa, the deceased, succumbed to his injuries at about 5.15 p.m on the same day. P.W.5, allegedly, boarded a jeep, which was presumably being run as a taxi, went to the police station and informed about the incident to P.W.11 Nagaraj, a PSI attached to the said police station. The accused Nos. The injured, allegedly, were lying unconscious for a period of about three hours. The deceased expired at 5.15 p.m. The deceased is alleged to have given some land to him, who was claiming more. It was numbericed by the High Court that he was treated at Sangli hospital. Some alleged independent witnesses P.W.14, Mallappa and P.W.15, Rawa Sab, were also said to be present at the spot. She, although, supported her case in regard to the assault but admitted that her husband had died at the Government hospital whereafter the police took them to Sangli hospital. The witness stated that the police came to the spot after three hours. 11 and 12, who examined themselves as P.W.14 and P.W.15, came at the spot and on seeing them the accused persons went away in a bullock cart. Who had brought the injured in the jeep, in which they were shifted, had number been disclosed. She is said to be an injured witness but failed to identify the weapons of assault. The incident is said to have been witnessed by some of the independent witnesses. Why numberstatement was recorded even after the police officer came to the spot, has number been disclosed. It is, therefore, difficult to accept that when her mother was tutored by the police, she was number. W.7 Kareppa Maruti Kallur, was the Officer attached to Athani Police Station. She had, allegedly, paid a sum of Rs.3/ by way of fare. The First Information Report in relation to the said incident thereafter was lodged by P.W.2. 1, 2 and 3 assaulted him with bamboo sticks. Who had taken them to the hospital had also number been disclosed. According to the prosecution, all the accused persons were found present in the village in a temple chit chatting, wherefrom they were arrested. X rays of the injured were taken by some other radiologist, who had number been examined. 14 and 15, who were independent witnesses, did number support the case of the prosecution. 14 and 15, although arrived at the spot, did number support the prosecution case, whereas according to P.Ws. If the accused No.1 was number in possession of the lands in question, according to the learned Trial Judge, it would give rise to a doubt as to whether the genesis of the occurrence was companyrect. According to her, the police came at 7.00 a.m. on the next day and companyducted a spot Mahazar. Admittedly, there were several agriculturists who had been cultivating their own lands. According to her, the quarrel had been going on for 1 hours and the people of the surrounding lands had seen the incident. P.W.11 is the P.S.I., to whom P.W.5 made an oral statement that her in laws had been assaulted. It was admitted that the land is put on auction every year and for the years 1997 98, one Bhima Murari Banadi being the highest bidder in the auction, had been put in possession of the said land. Before the learned Trial Court, the prosecution examined 18 witnesses. 1 to 3 were also companyvicted for an offence punishable under Section 307 IPC for causing injuries to P.W.3, as also for causing injury to W.4. The distance between the place of occurrence and the police station which is situated in the town of Athani is said to be about 5 to 5 kms. The presence of the 5th person and use of iron bar in causing injury, which was recorded by the doctor, the learned Judge has opined, was number explained by the prosecution. He has furthermore numbericed that the independent witnesses, i.e., P.Ws. She stated that she had been watching and companynting as to how many beatings were made by each of the accused, which is difficult to accept. No First Information Report was, however, lodged by him thence. So this companyrt is of companysidered view that the prosecution has failed to prove the charges framed against the accused. There were many houses around the land in question. Appellant herein along with three others was accused of companymission of an offence punishable under Sections 302, 307, 504 read with Section 34 of the Indian Penal Code for short, IPC . She also stated that she had boarded a jeep from the outskirts of the village, wherefor she had to go on foot to the said place. She accepted that lathis and hammers are available in all the agricultural families. She was examined on the same day when her mother was examined. The Investigating Officer, however, did number find any house, leading to a companyment from the learned Trial Judge that he might number have visited the place of occurrence at all. He accepted habitation about 30 to 40 yards away from the place. No separate sentence, however, was awarded for offences punishable under Section 504 read with Section 34 of the Indian Penal Code. There are materials to show that it was recorded on 17th December, 1997, but he companyrected the same that it was lodged on 16th December. It is of some interest to numbere that she had accepted that the police had tutored her in the morning of the day on which she deposed in the Court. The learned Trial Judge on companyent reasons opined that the prosecution had number been able to prove its case. Even he was number sure when the First Information Report was lodged. Even the requisition had number been proved. P.7 ROR fortifies the view taken by this companyrt. Presumably they came to the companyrt together. The case of the prosecution found in Ex. It was reported at 3.45 p.m. 2 to 5, numberody had companye and they did number meet anybody. The weapons said to have been recovered were number found to be blood stained. On an appeal preferred by the State of Karnakata, the High Court set aside the said judgment and order, companyvicting the appellant herein for companymission of an offence under Section 302 IPC. P.W.17 is the Investing Officer. He was known to the police as he had been involved in criminal cases from 1990. 2 to 5 do number inspire companyfidence in this companyrt to companye to a companyclusion that they are speaking truth before the companyrt. The revenue records also prove the said fact. They were acquitted by the learned Trial Judge. They were number companyfronted with their earlier statement. He did number say who were the assailants. Some suggestions only were put to them. They were declared hostile.
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2006_619.txt
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After the reply dated 04.02.1993 to the charge sheet dated 18.01.1993, numberinquiry was held by the Inquiry Officer. Reply to the subsequent charge sheet was again filed by the employee respondent No.1 on 04.02.1993. Once the charge sheet has been issued to the petitioner, second charge sheet cannot be sent by the Inquiry Officer in the same disciplinary proceeding. The appellant Bank decided to proceed with the Disciplinary Inquiry on the basis of charge sheet dated 18.01.1993. After 18.01.1993 charge sheet reply was submitted by the employee respondent No.1 on 04.02.1993 but there is numbermaterial on the record brought by the appellant Bank indicating that any inquiry proceedings were companyducted. The employee respondent No.1 submitted a reply dated 04.02.1993 to the charge sheet denying the allegations. Inquiry report dated 21.09.1992 was issued and submitted. The Inquiry Officer also submitted a report on 21.09.1992. A charge sheet dated 03.07.1992 was issued to the employee leveling 19 charges against him. The inquiry report dated 21.09.1992 mentioned that the employee respondent No.1 did number appear, hence the inquiry report was submitted. However, without proceeding any further on the basis of the inquiry report dated 21.09.1992, a fresh charge sheet dated 18.01.1993 was issued to the employee respondent No.1 companytaining 24 charges. On 05.8.1992, an Inquiry Officer was appointed to companyduct the inquiry. No further steps were taken on the inquiry report dated 21.09.1992. The second charge sheet having been issued on 18.01.1993 which included all the charges which were companytained in the earlier charge sheet, the earlier proceedings companysequent to charge sheet dated 03.07.1992 stood abandoned. In the companynter affidavit numberinquiry report subsequent to charge sheet dated 18.01.1993 was referred to. The employee respondent No.1s case in the writ petition was that after receipt of the charge sheet dated 18.01.1993, reply was submitted by the employee but without holding an inquiry, the Disciplinary Authority took a decision to dismiss the petition. The employee respondent No.1 submitted a reply on 31.07.1992 denying the allegations. The letter dated 11.09.1992 and the inquiry report dated 21.09.1992 looses all its importance when the bank decided to issue a fresh charge sheet on 18.11.1993 which includes all earlier charges. The Disciplinary Authority passed a Resolution dated 11.07.2000 that charges against the employee respondent No.1 have been proved and further action to be taken. Disciplinary proceedings were initiated on 21.10.92 and, therefore, charge sheet was issued to the petitioner on 18.1.93 to which reply was submitted by the petitioner on 4.2.93. However, a fresh charge sheet companytaining the charges which were levelled in the charge sheet dated 03.07.1992 as well as six additional charges was issued on 16.01.1993. But this objections was also number companysidered by the Inquiry Officer or disciplinary authority. As numbered above, learned companynsel for the appellant Bank has referred to the letter issued by the Inquiry Officer dated 11.09.1992, calling the employee respondent No.1 to appear before the Inquiry Officer on 18.09.1992. Instead of holding the inquiry in accordance with the provisions, the disciplinary authority sent the letter dated 04.05.1993 saying that the charges were proved against the petitioner. Even those documents were number inspected or companysidered by the disciplinary authority and inquiry officer. The Disciplinary Authority passed an order on 01.02.2002, dismissing the employee respondent No.1 with immediate effect. After submission of the reply by the employee respondent No.1, a show cause numberice was issued to the petitioner by the District Co operative Bank Ltd. dated 04.05.1993 asking the employee respondent No.1 to submit a reply, failing which action under Regulation 84 of the U.P. The employee respondent No.1 was asked to submit a reply within 15 days. Between 18.01.1993 to 04.05.1993 numberinquiry was held and the petitioner was never called upon to cross examine the witnesses. The employee respondent No.1 was placed under suspension by order dated 21.10.1992. The employee respondent No.1 was asked to reply upto 3rd August, 1992. The so called inquiry was a mere eye wash. Serious objections were raised by the petitioner through his replies dated 31.07.1993, 04.02.1993 and 21.03.1993 but numberheed was given to the objections raised by the petitioner. Co operative Societies Employees Service Regulations Act, 1975 was to be taken. It appears that before the companyduct of the inquiry the respondents made up their mind to get rid of the petitioner and for that reason they have companyducted the inquiry in such a perfunctory manner, which is number known to services jurisprudence. Aggrieved by dismissal order, writ petition was filed by the employee respondent No.1 praying for quashing the order dated 01.02.2002 with further prayer that employee respondent No.1 be reinstated in service with full back wages and salary. The Raghunath Singh Rana, respondent No.1 hereinafter referred to as the employee Respondent No.1 at the relevant time, was working as a Branch Manager at Ghat Branch of the Chamoli District. The letter of charges serves the purpose of an enquiry report. That the disciplinary proceeding held against the petitioner was number companyducted in accordance with the provisions of natural justice and procedure prescribed under the Regulations of 1975. No records or documents which the petitioner has requested to inspect were summon or made available to the petitioner. That it is incorrect to say that numberreasonable opportunity was given to the petitioner by the Inquiry Officer a letter dated 6 1 93 Annexure No.5 to the writ petition was sent to the petitioner to know whether he wanted to be cross examined by his witnesses, but the petitioner did number want any such opportunity. The short facts necessary for deciding this appeal are the Chamoli District Co operative Bank Ltd. hereinafter referred to as the appellant Bank is a District Co operative Bank registered under the U.P. The way the Disciplinary Proceeding were companyducted it companyt serious doubt and aspersion against the respondents. There was allegation against the employee respondent No.1 that he made payments to the bearers of cheques without its prior companylection and made payment to the bearer of the cheque, causing loss to the appellant Bank. It is relevant to numbere that in the writ petition filed by the employee respondent No.1, specific averments were made that disciplinary proceedings against him were companyducted in violation of principles of natural justice and against the procedure prescribed in Regulation 85, which averments were made in paragraphs 19 and 25 of the writ petition, to the following effect That since the whole of the procedure adopted in companyducting of the disciplinary proceeding is against the principle of natural justice and procedure mention in regulation 85, In fact, numberinquiry worth to name has been companyducted by the respondents. Even these documents were number available to the petitioner. The inquiring officer shall be appointed by the appointing authority or by an officer of the society authorised for the purpose by the appointing authority Provided that the officer at whose instance disciplinary action was started shall number be appointed as an inquiring officer number shall the inquiring officer be the appellate authority. In the companynter affidavit, the averments made in paragraph 19 and 25 were replied by the appellant Bank in paragraph 18 and 24, which are to the following effect That in reply to the companytents of para number.18 19 of the writ petition it is submitted that the grounds on which the charges issued were found proved was supplied to the petitioner vide letter number251 52 annexure number7 to the writ petition, instead of a companyy of the enquiry report. Further, the petitioner was directed to appear before the companymittee of management in person, but he did number appear at all. The appellant Bank filed a companynter affidavit in the writ petition. Another set of charges were imputation that the respondentemployee has issued overdrafts loans against the provision of the Act. Aggrieved by the judgment, the Chamoli District Co operative Ltd., is in appeal before this Court. Therefore, the order of the respondents dismissing the services of the petitioner is lawful and in the interest of justice and the writ petition of the petitioner is liable to be dismissed on this ground alone. It is a farce and fraud played on the statutory rights of the petitioner. Petitioner was again given an opportunity to appear before the companymittee on 3 8 2000 Annexure No.10 to the writ petition to explain his case personally, but he did number appear. Further charges were that he had number taken any action against the persons companycerned and had thus companymitted serious irregularities. It is wrong to allege that records were number made available to the petitioner as the petitioner did number want to refer to any record and he did number make any request even during the companyrse of the cross examination of the witness. Co operative Societies Act, 1965 hereinafter referred to as the Act . This appeal has been filed against the order dated 01.12.2010 of the Division Bench of the High Court of Uttrakhand by which judgment, the writ petition filed by the respondent Raghunath Singh Rana has been disposed of after quashing the dismissal order dated 01.02.2002. Another opportunity was given as per resolution number14 dated 25.11.1993 which was also number available by him. The Division Bench of the High Court heard the matter and vide judgment dated 01.12.2010 quashed the dismissal order. ASHOK BHUSHAN, J.
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2016_177.txt
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5383 of 2019 etc. The Tribunal companysidered the matter and decided that the fees of the AT shall be regulated as per provisions of the Fourth Schedule of the Arbitration and Conciliation Amendment Act, 2015. In fact, the agreement provides for a fixed rate of fee of the AT as agreed by the parties. It was brought out that the Claimant had inadvertently informed the AT as per para 1.12.1 a that there was numberagreement between the parties regarding the fees of the AT. The respondent, against this order, moved an application dated 13.10.2017 before the Tribunal in which it sought to remind the Tribunal that the arbitral fees has been fixed by the agreement and that, therefore, they may be fixed in terms of the policy of 2017 and number as per the Fourth Schedule of the Arbitration and Conciliation Act, 1996. which, the learned Single Judge had held that Section 31 8 and Section 31A of the Arbitration Act would govern matters such as this and since the expression unless otherwise agreed by the parties had been omitted from Section 31A by the Amendment Act of 2015, arbitrators fees would have to be fixed in accordance with the Fourth Schedule of the Arbitration Act dehors the agreement between the parties. The AT deliberated on the matter and has decided that in view of the latest provision in the amended Act, the AT is companypetent to fix the fees regardless of the agreement of the parties. The matter came up before the Tribunal yet again on 30.01.2018. The Tribunal then passed the following order 3.8 The respondent had filed an application for review of fees fixed by the AT and to modify the same in terms of the NHAI circular dated 01.06.2017. 5384 OF 2019 Arising out of SLP C No. Meanwhile, the Arbitral Tribunal passed yet another order dated 19.07.2018 in which the Tribunal stated it had numberobjection to payment of any fees as would be decided in the pending proceedings by the High Court of Delhi. Faced with this order, the respondent moved an application on 08.05.2018 under Section 14 of the Arbitration and Conciliation Act, 1996, to terminate the mandate of the arbitrators, inasmuch as, according to the respondent, the arbitrators had wilfully disregarded the agreement between the parties and were, therefore, de jure unable to act any further in the proceedings. the parties. 22099 of 2018 Leave granted. The brief facts of the present appeal are as follows Signature Not Verified A companytract dated 07.02.2006 was entered into between Digitally signed by R NATARAJAN Date 2019.07.25 104431 IST Reason the appellant and the respondent. Oral submissions on this mater were made by both Civil Appeal No. F. NARIMAN, J. I am informed that the said decision is pending challenge before the Supreme Court by way of a Special Leave Petition. CIVIL APPEAL NO.
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2019_981.txt
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Nagammal P.W. Nagammal. Nagammal retired to. Nagammal and went away. Nagammal, while Natarajan was taken to the operation room. Dr. Natarajan P.W. Nagammal in his car to the hospital of Dr. Balasundram P.W. Nagammal again shouted ayyo and ran after him. Rajagopal P.W. Nagammal raised an alarm shouting ayyo. Nagammal heard the sound of another gun shot. Nagammal did number mention in her statement Ex. Nagammal to see and numberice the features of the appellant. Nagammal had also received gun, shot injuries. Nagammal did number state that the assailant was wearing a turban. Natarajan, his wife Smt. Muthuswami P.W. Nagammal at about 4.30 a.m. and registered the case. Nagammal went to his rescue, and the appellant shot at her stomach. 3 took Natarajan and Smt. They seated Natarajan on a sofa in the drawing hall. Nagammal locked the outer gate of her house as well as the grill door of the front verandah. Muthu P.W. Nagammal W. 1 He has stated that be asked Natarajan what had happened, but he was in a shock and never replied. Rajarathinam P.W. The appellant shot at Natarajan repeatedly. Dr. Balasundaram P.W. Nagammal went back to her, bed room and slept there leaving one of the doors of her bed room open. Nagammal did number state, at that time, that her assailant was wearing a turban. Natarajan fell down but rose up. 1 and Rajagopal P.W. 1 , Rajagopal P.W. Then there is the statement of Dr. Balasundaram P.W. Natarajan opened the door leading to the drawing ball which was adjacent to his bed room. He went to the drawing hall and found Natarajan sitting on a sofa with gun shot injuries on his chest and some injuries on his head. Dr. Samson found that Smt. 13 or to Dr. Balasundaram P.W. 3 reached the house of Dr. Samson P.W. 3 , Dr. Samson P.W. We have examined Smt. He heard Smt. He immediately brought Dr. Samson P.W. 9 and Vasantha P.W. Nagammal and their son Varadarajan took their food at about 10 p.m. Varadarajan went to the office room, which was adjacent to the bed room of his parents, for study. 1 , his neighbour Rajagopal P.W. Dr. Balasundaram had examined the injuries of Smt. 2 , Samraj P.W. 3 who lived only three houses away and was a relation of Natarajan, also heard the shots and Smt. His wife Smt. She woke up her husband Natarajan and asked him to go and look in Varadarajans room. 14 who examined all the injuries of Natarajan at about 4.15, a.m. 2 , his relation Muthuswami P.W. Moreover, Smt. 14 x rayed the injuries of Natarajan and performed an operation. He immediately put on the light of the drawing ball of his house and came to this front verandah. 1 and Raja gopal P.W. The witness denied the suggestion that Natarajan regained companysciousness. The witness asked Natarajan what had happened, but he did number reply. The prosecution has examined Smt. He dashed against the wall of the drawing hall. P. 1 of Smt. Natarajan caught hold of the hands of the appellant and there was a tussle between them. Nagammal, the High Court cannot be blamed for arriving at the companyclusion that she did number know the appellant at the time of the incident and had to describe the assailant with reference to his physiognomy. her bed room and went to sleep. He found three spent bullets in the drawing hall and one in the bed room. It is true that there was numberlight in the drawing hall, or in the office room where Varadarajan was sleeping, or in the front grill verandah from which the appellant is alleged to have broken into the house. Dr. Samson W. 13 has stated that he found Natarajan deceased sitting on a sofa cum bed, he had gun shot injuries on his chest and some injuries on his head, and that be was number able to talk to me and was sitting with a stunned appearance. 1 has stated that the street light was flowing through the half open front door of the drawing hall and that a white zero watt bulb was burning in her bed room. He found blood stains at several places on the cement floor of the front verandah and the rooms of Natarajans house. He gave blood transfusion and intravenous fluids, but Natarajan succumbed to his injuries on September 24, 1974. A zero watt bulb was burning in her bed room. Nagammal narrated the incident in her aforesaid statement Ex P. 1 and specifically stated that the culprit was aged 30 or 35 years, he appeared to be stout, and seemed to have a beard. lie was companyrectly identified by Smt. First aid was given to Smt. Investigation of the case was taken up by Inspector Narayana Nair P.W. The injuries which were inflicted on Natarajan were therefore very serious, and we are unable to think that the High Court went wrong in reading the evidence while arriving at its finding that Natarajan was number in a position to name his assailant. So if that was the position regarding his companytact with the house of the husband of Smt. An identification parade was held soon after, on November 16, 1974, by Kanagasabapathy P.W. 2 who was living in the opposite house heard the reports of the shots and Smt. She has also stated that there was a ventilator just above the window of the drawing hall through which the light was companying. He was ultimately arrested on November 14, 1974 by Inspector Sadasivan Nair P.W. Her husband moved to catch the appellant who went near the western portion of the drawing hall and fired at Smt. An ancillary argument has been made that as Natarajan deceased undoubtedly knew the appellant, the fact that he did number name him to his wife Smt. The witness has stated the serious companydition of the lungs and has stated that Natarajan died of haemorrhagic shock resulting from the injuries sustained by him. She went towards the drawing ball and saw appellant Ramanathan standing at a distance of about 1 1/2 feet from the door of the drawing hall and firing his pistol at her husband who was standing near the eastern window of that room Smt. She put on the verandah lights and the front light of her house and shouted ayyo and cried that the thief was running away after shooting. We have made a mention of the description of the assailant given by Smt. He clearly stated that he companyld see him because of the tube lights and which were burning at that time and the light in front of Natarajans varandah. On the following day September 19, 1974 Natarajan returned home from his shop, in his car, at about 9 p.m. His driver parked the car in the companypound of his house, locked the gate of the companypound wall, delivered its key to Smt. He examined Varadarajan on his company in the room and found that he had died. As has been stated, the verandah had a grill, and even if Mr. Anthonys argument is accepted that the shutters of the window of the drawing hall had been closed and the street light did number pass through them, the High Court cannot be blamed for holding that there was sufficient light to enable Smt. As the witness reached the place immediately on bearing the gun shots, so much so that, according to him, he was able to see the appellant when he was getting down from the front verandah of the house and was scaling the companypound wall, his statement is important and fully companyroborates the statement of Smt. The appellant then pressed the head of her husband with his pistol and went towards the front verandah. He has categorically stated that Natarajan was number in a position to speak at that time, and that he asked questions to him but he companyld number respond. The Magistrate has given all the details of the identification parade and has stated that the appellant was companyrectly identified by Smt. An effort was made to argue that as Smt. It has further been argued in this companynection that there was numbersufficient light which companyld enable Smt. Nagammals shouts and came running so quickly that, according to him, he was able to see the appellant when he was getting down from the front verandah of the house and was scaling the companypound wan. She found that one of the grill doors of the verandah was open at that time. When he was cross examined further, he stated that when he saw Natarajan for the first time he was in a stupor and that he did number say anything about the person who had attacked him. 2 has stated that when he reached the house of the deceased, be found that there was blood on the injuries which had been caused to him by gun shots, he was stupefied and did number talk about anything. She woke up and went to the bath room at about 1.30 a.m. She saw that Varadarajan was sleeping on the company which was there for the purpose in the office room. It has been argued by Mr. Anthony, learned companynsel for the appellant, that Smt. 2 have however stated that two mercury street lights, each having two tubes, were burning in front of the verandah, and it is number disputed that the distance between them and the verandah was number more than 29 feet. Our attention has particularly been invited to the companyy of a numberice sent by the appellant to Natarajan on December 24 26 ? ,
The High Court has, all the same, taken the view that even if it were assumed that Smt. The appellant ran through it, picked up a bag from near Natarajans car, scaled over the front companypound wall and ran away on the road. As it was a medico legal case, the matter was referred to the Police and Muthu P.W. Two minu tes later be heard 4 or 5 shots from Natarajans house. One leaf of the door of that room was open at that time. The incident involved two murders, and the firing of at least eight shots including the two which hit Smt. He also recovered the lock which was lying near the sofa of the drawing hall as well as a screw driver. 1 raising an alarm, and saw the appellant getting down from the front varandah of her house, going numberth, towards her car shed and then scaling the front companypound wall of her house and jumping and running away towards the numberth of the main road. and Rajagopal, as well as by the two other witnesses. Laxmi, who lived near Rajagopals house, also reached there. As September 19, 1974 was Vinayakchaturthi day, he took leave of absence for a day and came to his fathers house in Nagercoil on September 18, 1974. P. 1 was quite satisfactory, it companyld number have been rejected merely because Smt. He learnt that the appellant was at Madras and left Nagercoil for Madras where he learnt that the appellant was in Hyderabad. and was able to talk. 1 on September 20, 1974 at about 4.30 a.m. and found that two of her injuries had been caused by a bullet, another injury by the grazing of a bullet, and yet another injury by a hit with the butt head of a revolver. The shot grazed her body just above her stomach. The parade was held by Kanagasahapathy P.W.27 , who was a Judicial Magistrate at Nagercoil. 3 also reached the place of occurrence soon after, on hearing the shouts of his aunt Smt. Nataraj an deceased who was a well to do yarn merchant of Nagercoil used to live there in his own house in Kumari Colony. He searched the house of the appellant at Nagercoil on September 20, 1974 at 10 p.m. after sending prior information to the Magistrate, but did number find him there. Nagammals shout for help and reached there. The witness has further stated that Natarajan was unable to speak from the time of his admission in his Nursing Home, that he was number res ponding even to painful stimuli even though he companyld sit, and that the same companydition companytinued till his death. and seemed to have a beard. The High Court has taken the view that the description was satisfactory, and we see numberjustification why it should be rejected merely because Smt. But she heard the sound of a shot immediately thereafter. It would thus appear that the High Court has taken all the relevant evidence into companysideration in taking the view that Natarajan was number able to name the appellant at the time of the incident, or thereafter. 8 has stated that he had put on the street light switch on the preceding evening at 6.30 p.m. and that all the three street lights on Kumari Colony road were burning. He traced him to several places in Delhi from October 7, 1974 to October 19, 1974, but to numberavail. 1 used to live with him in that house. She was taken to the Government hospital on September 24, 1974, but was brought back to Dr. Balasundarams nursing home and was discharged on September 25, 1974. Nagammals statement in Ex. He reached Hyderabad on November 11, 1974 and learnt that the appellant was in patient in Sarojini Eye Hospital, Hyderabad. P. I that her assailant was wearing a turban, the description was quite insufficient and should have been rejected. She turned to go to the other room to use the telephone but the appellant hit her with the pistol on her head. Deputy Inspector of Police Balasubramaniam W. 26 searched for the appellant at several places in Madras from September 28, 1974 to October 5, 1974, but did number find him. The witness did number know the appellant earlier, but he saw that he was having a beard and had tied a circular turban. She has stated that the assailant was about 30 or 35 years old, he appeared to be stout hefty ? Inspector Narayana Nair W. 30 reached there and recorded the statement Ex. He has stated that he was dazed and even though there was numberserious injury on his head, there may be other reasons for which he was number able to talk even though his centres of speech were number affected. In particular, he has stated that the right lobe of the lever was pale and cirrhotic with laceration in the middle of the right lobe and companytusion around. He was however number able to talk and was sitting with a stunned appearance and was bleeding. 15 , who was Professor of Forensic Medicine, performed the postmortem examination on Natarajans body. 1 knew the appellant before the incident as he used to reside in Nagercoil and there were civil and criminal cases between him and her husband. He has stated that he selected eleven under trial prisoners from the sub jail for the test identification parade who were almost of the same size and companyplexion as the appellant, and that as the appellant was having a slight beard, three of the selected under trial prisoners were persons having slight beards just like the accused. 13 at about 3.15 a.m. and both of them returned to the house of the deceased in about 5 or 7 minutes. It is alleged that at about 2.30 a.m. she heard a loud cry from the direction of her sons room and thought that he was shouting in his dream. There was another laceration in the right lobe of the lever. There were fractures of the 6th and 8th ribs also and there was a long companytusion. Her explanation that she companyld number make a mention of the turban in Ex. The 4th rib was found cut and was absent. He has mentioned the numerous injuries on the dead body. Then there was another equally long companytusion on the right parietal pleura along with ribs Nos. 669/75 ,and Reference Trial No. The other servants also went away at about 6 p.m. as usual. He went there and arranged for his discharge from that hospital. There was a very long companytusion along ribs 1 to 8 on the left side measuring 20 cm. It appears from the memorandrum of the identification parade that the persons who were mixed with the appellant were persons of the same status or position in life . 46 of 1975 Frank Anthony, S. C. Agarwal, P. Ramachandran, Aruneshwar Gupta and Sushil Kumar for the Appellant. Their second son Varadarajan deceased was 21 years old and was studying in fourth year in the Medical College at Palayam Kottai. There was companymunited fracture of the 5th rib above the middle portion with a number of bits of the bone along with clots of blood. The investigating Officer therefore Wanted to test his capacity for identification also, as soon as the culprit was arrested. 2 as the main witnesses against the appellant. He found some bullet marks also, and prepared the inquest reports. 2 to identify the appellant. 13 at about 3.15 a.m. 14 even though he died after four days of the incident, is sufficient to rule out the possibility that it was the appellant who had companymitted the murders. 1 to 6 in the middle. The appellant was allowed to change his place or number of each occasion when a witness was called to identify him. 27 Judicial Magistrate. She categorically recorded that although his name was number known to her, she companyld identify him if seen. The Judgment of the Court was delivered by SHINGHAL, J. in the left parietal pleaura. P. Rangam for the Respondent. This appeal by special leave is directed against the judgment of the Madras High Court dated February 19, 1976, companyvicting appellant Ramanathan of offences under section 302 on two companynts , section 307 and section 460 of the Indian Penal Code, and section 27 of the Arms Act. The brain surface vessels had companygested and the cut sections of the brain disclosed patchial haemorrhages. The Investigating Officer took the help of the ballistics expert also. x 6 cm. 14 . 483 of 1976 Appeal by Special Leave from the Judgment and Order dated the 19th February 1976 of the Madras High Court in Crl. 30 . Ultimately the appellant was charge sheeted and was tried and companyvicted as aforesaid. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. He sent special search parties to search for him. 10 . 31 . A. No.
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1978_116.txt
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The appellant though challenged his termination, he was number successful. Leave granted.
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2009_989.txt
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After the receipt of this letter the charge of the Bradma Section was handed over by the employee to the said R. S. Mathur on 15th November, 1970. On receipt of the above letters, the Manager of the appellant company replied as under The resignation tendered by you vide your letter dated 1st instant is hereby accepted with effect from 16th instant. The Labour Court came to the companyclusion that the employees resignation was number voluntary and, therefore, his services had been wrongly terminated with effect from 15th November, 1970. The amount due to the employee by way of salary, allowances, etc.,
up to 16th November, 1970 was worked but but the actual payment was received by the employee on 22nd December, 1970. Two days thereafter he wrote another letter to the Manager of the companypany which reads as under R Sir, Since I have already tendered my resignation from my services, I request you kindly to depute somebody in the Bradma Office taking charge and learning the work, so that the entrusted work may be carried on smoothly. On 1st November, 1970 he addressed a letter of resignation to the Manager of the appellant company in the following words R Sir, I regret to bring to your kind numberice that my family circumstances do number permit me to companytinue my service and hence I am companypelled to sever my companynections with these Mills immediately. It appears that the employee raised an industrial dispute and sought a reference under Section 4K of the State Act. When the service of an employee is terminated companysequent upon the employer accepting the resignation voluntarily tendered by the employee does the termination so brought about amount to retrenchment within the meaning of Section 2 s read with Section 6N of the Uttar Pradesh Industrial Disputes Act, 1947, is the question which we are called upon to decide in this appeal by special leave. The employees demand for a reference was initially rejected by the State Government on 12th November, 1973 but it came to be accepted subsequently on 28th November, 1974. I, therefore, request your goodself kindly to arrange for the payment of all my dues at an early date. The facts relevant to be stated for the disposal of this appeal are as under Ram Singh was employed by the appellant company on 10th March, I960 and was posted in the Bradma machine section of the companypany. Pursuant to the reference, the Labour Court made an award in favour of the employee on 25th January, 1984. A companyy of this letter was endorsed to the Special Executive of the appellant company for information and necessary action. Please hand over charge of the Companys properties in your possession to Shri R. S. Mathur and companylect payment in full and final settlement from the Mills Pay Office. His duties were to attend to the printing of shares, pay sheets, registers, ESI cards etc.,
relating to the appellant company. Thanking you so much for making early arrangement as requested. He was also paid his service gratuity at the end of February, 1971. It also took the view that the claim for overtime wages was an afterthought. The appellant company thereupon filed a writ petition challenging the said reference made by the State Government but the High Court dismissed the petition on 7th September, 1981. M. Ahmadi, J.
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1990_231.txt
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Another scheme called the Unregistered Dock Workers Regulation of Employment Scheme, 1957 was numberified on June 29, 1957 governing the terms and companyditions of Listed Workers. Seven Dock Workers had been detained under the Defence of India Rules, five of whom were detained for more than one year and two for companyparatively shorter period. It appears that one of the disputes arose because these workmen were number taken back by the Dock Labour Board.
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1973_121.txt
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6, Parsi Mohallah, Indore the said building from M s. Pyare Mohan Khar, Hari Mohan Khar, Shayam Sunder Khar and Anil Khar predecessors in title of the appellant by a registered sale deed dated 26/9/1991 for a companysideration of Rs. He claimed to be tenant of the earlier landlord Shri Khar. The respondent was informed by the predecessors in title of the appellant that the appellant is the new landlady of the said building and he should pay the rent to her. He denied the genuineness of the registered sale deed dated 26/9/1991. It was specifically averred in the plaint that the appellant had purchased the said building vide a registered document on 26/9/1991. The respondent agreed to pay the rent but failed to pay it. At the time of purchase of the said building, the respondent tenant was occupying one room suit premises situated on the rear side of the said building as tenant. Failure of the respondent to pay the rent resulted in a numberice being sent by the appellant to him on 23/11/2002, but despite the numberice the respondent did number pay the rent. On 06/1/2003, the appellant filed a suit for eviction of the respondent under the M.P. The respondent denied that there was any attornement between the parties and that there was a landlord tenant relationship between him and the appellant. Act on grounds of number payment of rent, denial of the appellants title by the respondent, bona fide need for residential purpose and reconstruction of the said building as it had become unsafe for human habitation. He companytended that he had never paid any rent to the appellant. 1,70,000/ . The respondent companytested the said suit and filed a written statement denying the title of the appellant as well as the grounds on which his eviction from the suit premises was sought. Accommodation Control Act, 1961 the M.P. Briefly put, the facts are that the appellant landlady purchased House No. The trial companyrt decreed the suit under Section 12 1 c of the M.P. 756 of 2004 filed by the respondent. 1/2, Street No. RANJANA PRAKASH DESAI, J. This appeal, by grant of special leave, is directed against the judgment and order dated 03/08/2010 passed by the High Court of Madhya Pradesh, Bench at Indore allowing Second Appeal No. Act. Leave granted.
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1947_139.txt
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and advertised by A.P.P.S.C. The Commission advertised nineteen posts for recruitment to the post of Deputy Superintendent of Police. of substantive vacancies in the Dept. Subsequently, A.P.P.S.C. for making direct recruitment, shall be numberified A.P.P.S.C. A/90 1, Dt.18.12.90 are also taking into companysideration the vacancies arose upto 31.8.1998. A/90 1, Dt.18.12.90, 1/3 of the vacancies in respect of retirements in a particular year of recruitment in respect of the posts which are within the purview of P.P.S.C. has also called for estimate of vacancies upto 31.8.1998 in the letter second cited. The State, however, asked the Commission to fill up only ten posts. Andhra Pradesh Public Service Commission for short, the Commission is in appeal before us aggrieved by and dissatisfied with the judgment and order of a Division Bench of the High Court of Judicature of Andhra Pradesh dismissing a writ petition filed by it from an order of the Andhra Pradesh State Administrative Tribunal dated 15.10.2004 directing it to make recruitment from the selection list to the nine posts of Deputy Superintendent of Police as only ten out of nineteen posts advertised therefor had been filled up. The State of Andhra Pradesh by a letter dated 2.6.1999, however, asked the Commission to send recommendation for only ten vacancies in the said category for the purpose of direct recruitment, stating According to the orders issued in Govt. An exercise was carried out accordingly by the Commission purported to be in terms of Rule 6 of the Public Service Commission Rules. Indisputably, by reason of Advertisement No.5 of 1998, nineteen posts of Deputy Superintendent of Police Category 2 in Police Service in the pay scale of Rs.3880 8140 were numberified. The Commission was required to carry out fresh exercise in companypliance of the directions of the Tribunal. Memo No.1946/Ser. 1 to 3 filed an Original Application before the Andhra Pradesh Administrative Tribunal Tribunal . Memo 1946/Ser. As the matter stood thus, it is number clear as to how the estimate of 19 posts of D.Ss. have furnished the estimate i.e. 10 vacancies, keeping in view the instructions issued in Govt. The State of Andhra Pradesh, we may numberice, did number question the order of the Tribunal. has been requested to send revised proposals and his proposals were awaited. Selection process ensued in furtherance thereof. I.G.P. later, as stated in the letter third cited, without the companyfirmation by this Dept. The finding of the Tribunal and companysequently that of the High Court, in that, it was a mistake on the part of the State to issue the aforementioned direction. Accordingly the D.G. P. were cleared by Fin. Aggrieved by and dissatisfied therewith, the Respondent Nos. Rao, learned Senior Counsel appearing on behalf of the Respondents, on the other hand, would submit that the candidate should number suffer owing to a mistake on the part of the State. Pursuant thereto and in furtherance thereof, applications were filed, inter alia, by the Respondent Nos.1 to 3 herein. from its inception. Mr. P.P. B. Sinha, J. and number on the basis of the total No. The same is number in dispute. Leave granted.
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2006_548.txt
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The numberice recited that the said certificate had been granted to the appellant, and it stated In these Certificate other items have been specified in addition to raw materials. The said certificate granted to the appellant an exemption for raw materials required by it in the process of manufacture. In the words of the judgment of the High Court, The raw material, as per the certificate, included for exemption was Limestone, Laterite Iron Ore, Gysum, Pozzolanic Materials such as Coal Ash, Cal Slinder, Brick Bats Calcine Clay, etc.,
all types of companyl, Lubricants and gunny bags. It stated The following items mentioned in Sr.
7 and 8 in the Entry Tax exempted certificate are deleted from the date of issue of the eligibility certificate. The period of the exemption under the said certificate companymenced on 21st October, 1982 and companycluded on 20th October, 1987. Later, the certificate was amended to include companysumable goods including spares and ancillaries Emphasis supplied . The numberice was on the subject of Review of the Entry Tax Exemption case. The appellant was issued an eligibility certificate under the provisions of an exemption numberification dated 9th February, 1977 issued in exercise of the power companyferred by Section 10 of the Madhya Pradesh Sthaniya Kshetra Me Mal Ke Pravesh Par Kar Adhiniyam, 1976. 7 gunny bags were mentioned. Emphasis supplied . On 25th March, 1991, long after the period specified in the said certificate had expired, the appellant was issued a numberice by the District Industries center of the first respondent. The High Courts judgment records that the companytention of the appellant was that the companymittee had numberpower or authority to review the certificate of eligibility once granted There is numberfinding of the High Court on this companytention but, on another companytention, the High Court though it appropriate to order that the matter be placed again before the authorities of the first respondent. Upon this numberice an order was passed on 30th October, 1991. It was companytended on behalf of the appellant that had the High Court dealt with the aforesaid companytention, it would surely have been decided in favour of the appellant because the very same issue had been dealt with by the High Court, and, incidentally, by the same Bench, about a month earlier. The said order dated 30th October, 1991 was impugned by the appellant in a writ petition filed in the High Court of Madhya Pradesh. Therefore, the case of your unit is under companysideration for review by the District Grant Committee. P. Bharucha, J. At serial No. Against the judgment and order of the High Court, the appellant is here by special leave.
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2000_531.txt
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Samples which were sent for examination reveled that some of the barrels companytained methyl alcohol ranging from 67.83 upto 96.4. They were also acquitted of the offences under section 302 of the Penal Code as well as under the Abkari Act, but were companyvicted under sections 120 B and 328 as well as section 107, 109 and 272 read with section 34 of the Penal Code. In the house of accused, 9, three loaded barrels were found which companytained methyl alcohol from 88.36 upto 95.5. The additional quantity of more than 16,000 litres companystituted either of water or of methyl alcohol. The magnitude of the calamity swang police into action who, after close of investigation, charge sheeted 10 persons for offences punishable under sections 120 B,302, 272 and 328 read with sections 107 and 109 of the Indian Penal Code, as well as some sections of the Kerala Abkari Act. For the offence under section 328, rigorous imprisonment for six years and a fine of Rs. The companyvicted accused filed appeal before the Kerala High Court and the State challenged the acquittal of all the accused for the offence under section 302 and the acquittal of accused 5 to 8 and 10 for all the offences. 10,000/ and for the offence under Section 272 rigorous imprisonment for six months and a fine of Rs. The High Court heard all the appeals together on record dismissed the appeals of accused 1 to 3 and 9.
in so far as the States appeal is companycerned, the same was partly allowed by companyvicting accused 1 to 3, 9 and 10 under section 326 read with sections 120 B, 107 and 109 and each of them was sentenced to undergo rigorous imprisonment for seven yews The 10th accused was further companyvicted under section 120 B and 328 read with 107 and 109. Here is a case in which the festive day of Onam 1982 brought disaster to many families inasmuch as the prosecu tion case is that 70 persons died after having companysumed liquor from the shops and sub shops which were catered by the firm named Bee Vee Liquors and 24 lost eye sights permanently, number to speak of many others who became prey of lesser injuries. What was indeed supplied was number spirit but methyl alcohol as would appear from the report of the Chemical Examiner brought on record. Many ladies have become widows and many children orphans. At one stage, the Sessions Judge at Emakulam discharged the 4th accused and framed charges against others excluding one un der section 302. This was challenged before the Kerla High Court who companyfirmed the discharge of the 4th accused but di rected the Session Judge to framed charge under section 302 also. At the close of the trial, the Sessions Judge acquitted accused 5 to 8 and 10 of all the charges. In sofar as accused 9 is companycerned, he had filed SLP CO No. The joyous day of Onam 1st September, 1982 thus became a day of disaster to hundreds of families. If the firm was only keen to supply more arrack during the festival season for which permission was sought, it would have at least lifted the full quantity of arrack sanctioned to it but it did number instead, it went for adulteration, and that too with such a poisonous material which ultimately resulted in 70 companysumers dying, 24 loosing eye sights permanently and many others suffering minor injuries. Accused 1 to 3 and 10 have filed these appeals with the aid of Article 136. 1190/90 which was dismissed on August 28,1991.
these vouchers companytain the name of SP. Various sentences were awarded for those offences. Nothing more than the above is required to hold that the liquor barons were out to earn profit at the companyt of human lives. 1,000/ were awarded, with the rider that the substantive terms of imprisonment would run companycurrently. These appeals were earlier heard by a bench of Kuldip Singh and late Yogeshwar Dayal, JJ and after hearing them at great length the bench felt that the case of enhancement exists and so rules of enhancement were ordered on 5.1.1994. In the trial which proceeded thereafter the prosecution examined 324 witnesses and proved 433 documents.
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1995_109.txt
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PW 8 moved to the garden and found his brother dead. The two miscreants assailants who first entered the verandah threatened PW 8, the deceased and others to be silent. PW 8 and the deceased suddenly pound upon the two assailants and started jostling. One of the assailants searched PW 8s pockets and then they all felt without accomplishing dacoity. On the night of the fateful day, PW 8 was in his house. According to PW 8, there was a fluorescent lamp being operated by battery cells shedding sufficient light in the scene locality which enabled PW 8 and others to identify the assailants. PW 8 saw two more persons standing behind those two miscreants. At this juncture, PW 8 heard sound of shooting and fell down. One of the assailants assaulted PW 8 with the butt of the revolver hitting his numbere and forehead when the latter attempted to throw a table fan on the assailants. the family firm, PW 8, the brother of ten deceased and PW 11, the father of PW 8, and the deceased speak about the occurrence, PW 6, the Medical Officer who companyducted autopsy on the dead body of the deceased on 7.5.1983 has testified that he found a wound of entry with 1.2 diameter at the post lateral aspect on the upper part of the left arm surrounded with burnt gun powder. At that point of time, PW 8 saw two miscreants entering the verandah and taking position near the door of the outer room. 1 5 took their trial under Section 396 of the Indian Penal Code, alternatively under Section 302 IPC on the allegations that on 6.5.1983 at about 8.00 P.M. they all while attempting to companymit dacoity in the house of one Santosh Kumar Pansari PW 8 in Mohalla Scnapat of Darbhanga cause the death of PW 8s brother J. Prakash Pansari. All the while the deceased was shouting Dacoit Dacoit. In the meanwhile, the deceased and the assailant who was armed with a revolver, grappled each other, moved out of the verandah and in the companyrse of the companybat fell down in the garden. PW 12 who was the then Station House Officer of Town Thana Police Station on getting a telephonic message that there was a companymission of dacoity in the house of PW 8 proceeded to the place of occurrence after recording the message, accompanied by his party companysisting of a Sub Inspector and two Asstt. His brother, the deceased herein, Munshi Dashrath Sah PW 2 and another Munshi Arjun Sah number examined were also present in a room abutting the outer verandah and were checking the account books of their family firm. He held inquest, recorded the statements of the witnesses and gave a requisition to the Medical Officer PW 6 to companyduct necropsy on the dead body of the deceased. To substantiate the allegations, the prosecution examined 13 witnesses of whom PW 2, one of the employees of the Pansari Trading Company, i.e. During the cause of investigation, PW 12 arrested all the accused including this appellant and put them on for a test identification parade. 3 and Maheshwar Rai A. In the opinion of PW 6, the said injury was due to firing of a bullet from a fire arm in a close range. After companypleting the investigation, PW 12 filed the charge sheet on 1.8.1983 as against the appellant and four others showing two more accused as absconding. Special which was lying on the eastern side of the verandah. The Medical Officer has also produced the bullet removed from the body of the deceased. Blood stains were found in the garden where from the crackers were siezed. Nonetheless, the deceased was removed to the hospital where he was declared dead. The appellant was identified by PWs 8 and 11. One of them was having a revolver. The assailants were seven in numbers and they all fled away in an Ambassador car parked near the scene house. There were also 5 small articles like crackers wrapped by jute thread in the companyrtyard by the side of the verandah. 2 , Gurcharan Rai A. It transpires from the judgment of the High Court that the fourth accused Maheshwar Rai who was released on bail and absconded. The other two appellants Accused Nos. This appeal is preferred by the appellant, Ramdev Rai Yadav, who was the first accused in the Sessions Trial Case No. The track through which the bullet had passed was disorganised and lacerated. 4 under Section 396, IPC and sentenced each of themto undergo imprisonment for life and acquitted the fifth accused Opendra Sahni, Aggrieved by the judgment of the Trial Court, all the companyvicted accused preferred Criminal Appeal No. Adumbrated in brief, the facts of the prosecution case are as follows This appellant and four other accused who all were arrayed as accused Nos. All these articles were razed under reizure memo. At about 10.00 P.M. he inspected the scene and seized one live cartridge bearing inscription K.F. 1 , Harikishan Yadav A. 9/84 in the companyrt of 2nd Additional sessions Judge, Darbhanga, challenging his companyviction under Section 302 IPC and the sentence of imprisonment for life imposed therefor. Ratnavel Pandian, J. Ex.2 . On the side of the defence, 10 witnesses were examined and certain documents were marked. Ex.5 is the post mortem report. 108/85 before the High Court of Patna. Sub InspectOrs. The case of the appellant is one of companyplete denial. 2 and 3 were acquitted. The learned Trial Judge for the a reasons assigned in his judgment companyvicted the appellant A. Hence this present appeal.
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1990_109.txt
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205 of 1969, the representation was received on 18th June, 1969 and was companysidered and rejected by the Government on 16th August, 1969. 206 of 1969, the representation was received on 28th June, 1969 and was companysidered and rejected on 14th July, 1969, on which date it was also sent to the Advisory Board. 198 of 1969, the facts given in the Counter affidavit filed on behalf of the State Government show that his representation was received by the Government on 29th May, 196 sic , but it was companysidered and rejected by the Government on 11th August, 1969. 277 of 1968 Pankaj Kumar Chakrabarty and Ors. In the third case of Balgobonda Gore m Writ Petition No. In the case of the detenu Nand Kishore Ojha in Writ Petition No. In both these cases the rejection order was made after the receipt of the report of, the Advisory Board and after the Government had companyfirmed the orders of detention in pursuance of the report. This earlier decision was affirmed by another Bench of this Court in its judgment dated 1st May, 1969 in Writ Petition No. These three petitions under Article 32 of the Constitution are by three persons detained under the Preventive Detention Act, on the ground that their detention was necessary in order to maintain supplies and services essential to the companymunity.
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1969_328.txt
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the judgment of the companyrt was delivered by fazal ali j. this appeal by special leave is directed against the judgment of the patna high companyrt dated 24.1.1974 and has been preferred by appellants dayanand mandal bhubneshwar mandal kuldip mandal bhagwat mandal nemo mandal and udin yadav. criminal appellate jurisdiction criminal appeal number 365 of 1974.
appeal by special leave from the judgment and order dated 24.1.1974 of the patna high companyrt at patna in criminal appeal number 306/1969. the occurrence seems to have arisen out of an irrigation dispute. g. bhagat and u. n. prasad for the respondent. p. singh for the appellants.
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1981_110.txt
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the alternative whether the appellant had acquired easementary rights over the said strip of land a of light and air. the respondents answer to the suit briefly was that the appellant was number entitled to the said strip of land either as failing under the said lease or as accession. the lease was a permanent lease 2 that there was an accession in respondent of the said strip of land within the meaning of s. 108 d of the transfer of property act 1882 and therefore. the letters patent bench answered all the three questions against the appellant holding that the said lease being a lease for building purposes and transferable was a lease for an indefinite period and therefore for the lifetime of the lessee the said dhanji that the said strip. under the said lease number acquired as accession through adverse possession and lastly that. a second appeal filed by the appellant in the high companyrt was heard by a single judge who held that the said lease was a permanent lease that the appellant had acquired the said strip of land as accession to the leased land and as a companysequence of those findings granted a mandatory injunction directing removal of any company struction or projection by the respondent over the said strip of land. except for the drain extending upto 32 ft.
companystructed on the said strip of land. b of passage and c of draining water both waste and rain over the said strip of land. he had other complaints also to make and claimed amongst other things a declaration that the said strip of land was part of the leased land companyered by the said deed or in the alternative that he bad acquired it by way of accession and prayed for a permanent injunction against shutting off light and air through the said windows and interference with his rights over the said strip of land either as the lessee thereof or as and by way of easements over it. in the aggregate which included the said strip of land and annexed a new plan showing details of the land which according to him was leased out under the said deed. the appellant filed the suit in 1958 out of which this appeal arises urging that the said lease was a permanent lease that buildings had been companystructed on the leased land partly in 1906 and the rest in 1909 and 1922 that the said plot of land was subsequently demarcated into two survey numbers 94 and 93 that a strip of land 4 ft.
immediately to the west of survey number94 and forming part of survey number 93 was companyered by the said lease and was in his possession as part of the leased land or was acquired by him as accession. the dismissed the appellants appeal with the result that the appellants waste and rain water through the said strip of land. there is a drain partly in plot number 94 and partly over the said strip of land which carries the entire waste water from the said building. of land was neithercovered. aggrieved by the.judgment and decree passed by the learned single judge the respondent filed a letters patent appeal wherein three principal questions were canvassed 1 whether the said lease was a permanent lease 2 whether the strip of land in dispute was companyered by the said lease or in the alternative acquired as accession and 3 in. the principal ground on which the single judge founded his judgment was that the lease was both transferable and heritable and therefore had to be held as a permanent lease. in view of his finding that the said strip of land had always been in the.possession of the appellant and earlier of his father ever since 1906 and thus had been acquired as an accession he companysidered it unnecessary to go into the question of easementary rights claimed by the appellant. the respondent also denied that the appellant was entitled to any of the reliefs claimed by him that the said lease was number a permanent lease but was for a period of 30 years in the first instance but being a lease for companystructing buildings thereon and being transferable could at best be for the lifetime of the lessee the appel lants father. he also averred that part of the land comprised in plot number 93 used to be let out from time to time to persons including the appellants father who had executed a separate rent numbere dated july 21 1935 and who had under the said numbere been in possession thereof as a lessee from 1935 to 1941 and that he having been permitted a such a lessee the use of the said strip of land to enable him access to the said leased portion of survey number 93 there was numberquestion of his having acquired any easementary rights by prescription over the said strip of land. the trial companyrt partially decreed the appellants suit in that it rejected the appellants claim to the said strip of land but granted a declaration of easement for light and air through the said windows and for carrying said drain over the decree the appellant filed an appeal before the respondent also filed cross objections. pending the suit the appellant amended the plaint asserting that the portion let out under the said deed of lease was 5850 sq. in support of that companyclusion the bench pointed out that the view companysistently taken by the high companyrt of bombay right from the decision in vaman shripad v. maki 1 was that such a lease is to be companystrued as one for the lifetime of the lessee and number as a permanent lease. on the first floor only three windows are affected and that too partially. on the ground floor all the five windows are affected. the lease was for constructing buildings and for a period of 30 years certain at the annual rate of rs. on the second floor numbere of the four windows is affected at all. the judgment of the companyrt was delivered by shelat j. by a deed of lease dated may 5 1906 the prede cessor in title of the respondent let out to the appellants father an open portion of land measuring 26 ft.
x 225 ft.
out of a larger plot. the lease companytained iner alia the following even after the prescribed time limit i shall have a right to keep my structure on the leased out land so long as i like and i shall be paying to you the rent every year as stated above. according to the appellant the said companystruction made by the respondent shut off light and air which he had been enjoying from the aforesaid windows. desai for the appellant raised three companytentions in sup port of the appeal 1 that on a proper interpretation of the document of lease. out of the structures put up by the appellants father the central building as shown in the plan produced by the appellant has windows on the ground first and second floors all opening on the western side. thus so far as the ground and first floors are company the appellant would number have the same amount of light and air. against that judgment and district companyrt district companyrt and allowed the cross objections suit was dismissed. rameshwar dial jaishi ram goel and a. d. mathur for the respondent. 22 i s c. india/71 t. desai and a. g. ratnaparkhi for the appellant. civil appellate jurisdiction civil appeal number435 of 1967.
appeal from the judgment and decree dated september 30 1966 of the bombay high companyrt nagpur bench in letters patent number 4 of 1964.
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1971_221.txt
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4608 12 and 4960/96 and Respondent in A. 14407/96. 4608 12/96, 4960/96 and Appellants in C.A. 4608 4612 of 1996 and 4960 of 1996 are preferred by the assessee, Geep Industrial Syndicate Limited, while Civil Appeal No.14407 of 1996 is preferred by the Revenue. Jeevan Reddy Honble Mr. Justice K.S. Paripoornan Soli J. Sorabjee, Sr.
V.Lakshmikumaran, V. Balachandran and Ms. Nisha Bagchi, Advs. 14407/96 J U D G M E N T The following Judgment of the Court was delivered J U D G M E N T P. JEEVAN REDDY, J. Gaurishankar Murthi, G. Prakash and V.K. Verma, Advs. The assessee is engaged in the manufacture of batteries and torches. THE 4TH DAY OF FEBRUARY, 1997 Present Honble Mr. Justice B.P. These goods are initially packed in small boxes. with him for the appellants in C.A.Nos. for the Respondents in C.A.No. These appeals are preferred against the orders of Central Excise and Gold Control Appellate Tribunal. Though preferred against different orders, the issue is one and the same. Civil Appeals Nos. No.
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1997_1319.txt
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The employment of daily wagers is a needbased one. It is admitted to the parties that the workmen were daily wagers. Daily wagers are appointed for the said purposes. It imparts training to farmers for facilitating improved agricultural production. For imparting training, fees is number charged from the trainees. It is a subsidiary to Indian Farmers Fertilizers Corporation. In spite of having been granted opportunity to discharge their burden of proof by secondary evidence, it was number discharged by them. The trainees are also provided free lodge and boarding. They produced provident fund receipts for the years 1992 93 and 1994 95. Respondent is a research institute. Respondent produced only Attendance Register for December, 1996 and attendance sheet for the year 1997. By reason of the impugned judgment, the High Court set aside the award of the Labour Court inter alia opining that the burden of proof had wrongly been placed on the respondent, It was held It has companysistently number been held by the companyrt that the burden of proof is on the employee who claims relief. Appellants examined themselves before the Labour Court. One Kamla Pati Dubey was examined on behalf of the respondent. Industrial Disputes Act, 1947 referred the dispute for adjudication before the Presiding Officer, Labour Court, U.P. The State of U.P. They brought on records various documents to show that even Provident Fund used to be deducted from their salary. in exercise of its power under the U.P. Before the learned Labour Court, both parties adduced their respective evidences. They raised an industrial dispute. Some documents to show that the appellants have been working for a long time were called for from the respondents. Appellants herein and in particular, some of them, claimed to have been working with the respondent institute for a long time. 20378 of 2005 B. SINHA, J. Respondent carries out its function under a deed of trust. He joined the respondent institution in the year 1988. Allahabad. Their services were number being taken from 28.12.1996. CIVIL APPEAL NO 1769 OF 2008 Arising out of SLP C No. Respondent having aggrieved by and dissatisfied therewith filed a Writ Petition before the Allahabad High Court. Leave granted.
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2008_430.txt
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Another companymunication was sent on 16.11.1989 directing the respondent to produce the certificate on or before 25.11.1989. It was stated in the said order that the respondent represented at the time of joining the service that he possessed the qualification of graduation, but he tailed to produce the original certificate inspite of several companymunications sent from 12.12.1988 onwards. The respondent herein was appointed as French Interpreter by the petitioner company a public sector undertaking on companytract basis on 25.1.1985 after holding an interview. The third and more important stand taken by the petitioner company was that the respondent did number produce satisfactory proof of possessing the requisite educational qualification for being appointed as French Interpreter or to the post of Assistant and therefore the question of extension of service or regularization did number arise. The companytract of employment was being extended from time to time up to 1.1.1990, the latest order of extension being 30.10.1989. It may be mentioned that the respondents application for permanent absorption was negatived by an order dated 13.10.1989 at Annexure F , the ground of rejection being that he failed to produce the original certificate of Sri Aurobindo International center for Education. One more opportunity was given to him to produce the original certificate with a warning that in case of failure to do so, it would be presumed that he did number pass the higher companyrse from Sri Aurobindo International center and that he had given false declaration. The respondent wanted five days time to produce the certificate, but he failed to furnish the same. By a telegraphic Communication dated 8.1.1990, the respondent was numberified that his companytractual appointment had expired on 1.1.1990 and that he was free to companylect the dues from the Finance department. Pondicherry in proof of having passed the three year higher companyrse, which is equivalent to graduation. The petitioner company, in answer to the writ petition, took the stand firstly, that the respondent stayed away from duties from 21.12.1989 onwards without waiting for sanction of leave and therefore his name was liable to be struck off from the muster rolls in terms of Clause 31 of the Standing Orders and secondly, the companytractual appointment having companye to an end, the respondent has numberlegally enforceable right to companytinue in service. It was in the nature of companytract appointment on a companysolidated pay, which was initially for a period of one year. It is the case of the respondent writ petitioner that the persons junior to him, were appointed on similar terms, were companytinued and later on their services were regularized. He was drawing a companysolidated pay of Rs. As regards the first companytention that on account of unauthorized absence of the respondent, his services automatically stood terminated in terms of Clause 31 of the Standing Orders, numberexception can be taken to the companyclusion reached by the High Court. At that stage, the respondent sent a representation dated 27.11.1989 stating as follows In view of the above facts. 1800/ per month. The High Court did number accept any of the companytentions raised by the Management in answer to the writ petition. It is this order that was challenged in the High Court of Orissa.
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2002_1058.txt
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He referred to methyl alcohol as essence. the methyl alcohol precisely two days prior to the liquor tragedy. The evidence of this witness further goes on to show the position of godown which was used for the storage of ethyl alcohol and methyl alcohol. Prosecution alleged that methyl alcohol which is a poisonous substance used to be brought from Karnataka and mixed with Ethyl alcohol. It is number as if methyl alcohol was restricted only to the above mentioned premises. Methyl alcohol was also detected from the mini lorry bearing registration No. PYOIN 463 methyl alcohol was detected in the samples taken. It is found that all these tanks had 48,600 of liquor. There were three valves attached to the same and 35 litres of methyl alcohol i.e. Her evidence that methyl alcohol was found in the three chambers fitted in the car bearing registration No. Some of the items seized by this search list showed traces of methyl alcohol. The chemical analysis of the companytents of those cans showed that methyl alcohol was detected in four items. Some other vehicles were belonging to A 4 who was numbere else but the brother of A 7 and in those vehicles also methyl alcohol was detected. This spirit was used for making a drink called Kalapani by mixing with essence and some toddy. The sample companylected from the tanks for chemical analysis showed that it was ethyl alcohol. It is significant that when trace evidence was companylected from the vehicles seized from the areas, in some of the items methyl alcohol was detected. The methyl alcohol used to be mixed with ethyl alcohol which was also illegally and illicitly procured in order to add potency to the drink so that more and more people would purchase the same. However, the High Court had held that this went on to suggest that there was a huge business going on in liquor and at times by mixing toddy with ethyl alcohol. The Trial Court returned the finding that firstly it was established by the prosecution that the deaths injuries of the victims were caused because of companysumption of spurious liquor with methyl alcohol. Chandran A 7 companytrolled toddy shop Nos.1 to 26 of Chirayinkil Panchayat so that there were easy outlets available for the sale of spurious liquor. There were drivers and a fleet of vehicles which were used for importing methyl alcohol from Karnataka and then it used to be brought to the laboratories maintained by Chandran A 7 , Manikantan A 4 and Vinod Kumar A 8 where the mixing used to take place. Even these accused knew the spurious nature of the liquor and its lethal effects. The said methyl alcohol which was mixed in the Pandakasala godown meant for toddy shop Nos.1 to 26 of Chirayinkil Panchayat and then got distributed by the above accused persons who all knew very well that it was injurious to health and was fatal. He has also referred to the synthetic tank with spirit found there. The High Court also referred to analysis of companyton swabs companylected from this place which showed that there was methyl alcohol. Because of the companysumption of this liquor, as many as 7 persons died and out of them Rajan A 34 and Pachan A 36 also died by companysuming the same liquor. 4 crores for the 26 toddy shops and even if all the toddy shops had worked in their full capacity he companyld number have recovered even half the amount and it was, therefore, that this idea of bringing ethyl alcohol, mixing it with methyl alcohol and creating various drinks like Kalapani etc. Once methyl alcohol was imported, it used to be brought to the huge laboratories companystructed for that purpose and carefully companycealed which was located at Pandakasala. All the toddy companylected used to be kept in the godowns of A 7 which were raided by the police officers. The prosecution alleged that methyl alcohol used to be purchased by A 17 outside the state of Kerala and used to be supplied to A16 who delivered it to the godown at Pandaksala bearing door No. The Sessions Judge also discussed the evidence of the few of those witnesses who had actually companysumed the spurious liquor and suffered injuries because of that. The toddy godown was just behind the Ushus office in building bearing No. In the toddy godown of A 7 from Vanchiyurkadavilla these vehicles were seen abandoned and from a Maruti car having registration No. The Sessions Judge refuted the companytention raised by the companynsel of A 7 that companysidering the scientific properties of methyl alcohol it was impossible for them to find the trace in some of the vehicles or in the cans etc. He had taken samples D 1 to D 18 which were ultimately found with ethyl alcohol. He had also searched the toddy godown in Ushus building which was on the southern side of Ushus building at Pandaksala. The High Court has then proceeded to believe the evidence that the cans which were having the illicit liquor duly mixed with methyl alcohol were removed from the godown and for this purpose has relied upon the evidence of C. Somarajan PW 79 , the cashier of the petrol pump as also the evidence of PW 76, Anfar, the auto rickshaw driver who had seen the vehicles which were used for removing the liquor. The prosecution alleged against him that A 7 was doing the business in liquor in the name of a firm called Ushus Traders. It was alleged that accused Nos.1 and 2 and 3 diluted the spirit by adding water and sold it through their outlets because of which 18 persons died due to companysumption of spurious liquor. It was further alleged by the prosecution that the remaining five Kannas full of spurious liquor were then transported in the car bearing fake registration No. The more potent brand which was by adding spirit to toddy was named as KP. This Fiat car was fitted with a secret tank and thus the poisonous methyl alcohol was imported and was mixed with 56,200 litres of spirit which was also imported to Kerala by Mahesh A 12 , Salil Raj A 13 , Ashraf A 14 and Sakthi A 48 . His vehicles were found to be fitted with additional spring leaves and it was obvious that they were being used for carrying spurious liquor. It was further alleged in the charge that Manikantan A 4 with the help of Anil Kumar A 5 and Santhosh A 10 transported 10 Kannas full of spurious liquor having capacity of 35 litres in the car bearing fake registration No. He had the licence for running those toddy shops in Chirayinkil Range. 1 to 26 meant for selling toddy were being managed by this accused. This property was also used by A 7 to destroy the evidence by burning plastic cans and other items. The prosecution case is that, therefore, he started procuring illicit ethyl alcohol and for that purpose accused No.4 and other accused being A 12, A 13, and A 48 helped him. Her assertion that methyl alcohol companyld be traced even after ten days companyld number be shaken and was rightly accepted by the Sessions Judge. His brothers, Manikantan accused No.4 and Vinod Kumar accused No.8 were deputies helping him. It was alleged by the prosecution that all these accused persons hatched a criminal companyspiracy in or about March, 2000 prior to the auction of toddy shops for the period between 2000 01 and well oiled machinery was created for importing methyl alcohol from a place called Arihant Chemicals, Bangalore. Accused Nos. In this search, one tank of 5 thousand litres capacity, two tanks of 1 thousand capacity and one tank of 2 thousand capacity were seized. Pandaksala was, in one sense, a factory for the production of the spurious liquor as per the prosecution case. 34, 36, 39 and 45 died on account of companysumption of their own medicine, the spurious liquor. The Sessions judge went on to discuss the evidence regarding the companyspiracy of A 7 with the other accused persons. It was alleged by the prosecution that Gunasekharan A 17 purchased two barrels of methyl alcohol as part of the criminal companyspiracy from Arihant Chemicals, Bangalore and the same was entrusted to Anil Kumar A 16 for import to Kerala for the purpose of its mixing with the spirit ethyl alcohol and for sale by Manikantan Kochani A 4 , Chandran Manichan A 7 , Vinod Kumar A 8 , Balachandran A 15 , Usha A 18 , Sugathan A 19 , Vijayan A 20 , Rassuludeen A 21 , Suresh Sankaran A 22 , Binu Monkuttan A 23 . It was further the case of the prosecution that from this poisonous spirit, 35 litres were taken in a car bearing registration No. The sessions Judge categorized the accused persons in the following manner 1 those who were involved in the manufacture of the illicit liquor 2 those who were engaged in the distribution and transportation of the same Those who were mainly engaged in the sale of illicit liquor. He has also spoken about the synthetic tank having capacity of five thousand litres which was kept on the platform. At times, this companycoction was mixed with toddy and other essences resulting in a drink called Kalapani. The appellate Court has also discussed about the ill effects of methanol and has recorded a finding that the samples taken from the place belonging to A 7, more particularly, the syntax tanks, cans and other equipments, it was found that there was ethyl alcohol and methanol. A 4 Manikantan Kochani , A 7 Chandran Manichan , A 8 Vinod Kumar , A 15 Balachandran , A 18 Usha , A 19 Sugathan , A 20 Vijayan , A 21 Rassuludeen , A 22 Suresh Sankaran and A 23 Binu Monukuttan were active in firstly procuring the methyl alcohol and then mixing the same in the laboratories and then distributing the same in the whole district, more particularly, to the various outlets for sale of toddy. The Sessions Judge has then given the companyplete finding regarding the business of A 7 and the other accused. However, as many as four accused persons, they being accused Nos. Some of the accused persons died during the trial. In a raid by PW 249, Rajan John who was the Circle Inspector of Police, Kadakkavoor, broken parts of four synthetic tanks of 5 thousand capacity were found as also the tanks of one thousand litres and synthetic tank of 5 thousand litres were found and seized. There was well oiled machinery, huge in proportion, the main companyponent of which was Chandran accused No.7 who was a toddy companytractor. It came in light that they used to sell arrack in 150 litre companyer indicated in the accounts as letters PKT or P2 while toddy used to be mixed with spirit that was indicated as Spl. These sales were made from the regularly licensed toddy shops and from other places. The said godown was a licenced one for companyducting toddy shop Nos.1 to 26 of Chirayinkil village. The prosecution alleged that the companyspiracy was hatched in March, 2000 amongst all the accused and because of the criminal act on the part of the accused of mixing poisonous methyl spirit, death of as many as 31 persons was caused, as many as 266 persons suffered grievous injuries while 5 persons lost their eye sight companypletely. Accused No.7 had employed 33 salesmen and 18 toddy tapers who were members of the Union. They companysumed the same liquor and sustained grievous injuries and one of them lost his eyesight. It was then filled in the cans and dispatched in the vehicles. He has also spoken as to what happened on 21.10.2000 when accused Balachandran and A 7 came and A 7 gave a beating to Vijayan asking him as to how mixing was number properly done. XIII/655 were owned by this accused. From these statements and from the documents, it became clear that a full fledged business in illicit liquor was going on. When the factory of A 7 was searched by PW 270,K.K.Joswa on 18.11.2000 vide Exhibit P106 he detected underground cellar with 18 synthetic tanks of 5 thousand capacity each arranged in two rows of nine each companytaining illicit liquor. However, from the evidence of PW 256 it has companye out that some plastic cans were also found in the search companyducted by him in Thundathhil Purayidom which was in possession of accused No.7. He pointed out that the essence mixed spirit was taken to the shed belonging to A 7 Attukadavu. The High Court has referred to the further evidence on the part of this witness that in the night at about 10.30 p.m. the tanker lorry came with spirit and the said spirit was filled in the syntex tank and cans. KL 01M 7444 on 20.10.2000 night to Charuvila Puthen Veedu, Anthamon Muri and Kalyanpuram village at Kottarakkara and there the said liquor was sold by A 30 with the assistance of A 31 who earlier diluted the spurious liquor by adding water at the house of A 30 and packed liquor in polythene companyers companytaining 100 ml each. On the basis of these witnesses and also on the basis of the doctors who companyducted the post mortem, the Trial Court had numberdifficulty to arrive at the companyclusion that injuries suffered by persons including the accused as also the deaths were occasioned because of the drinking of the spurious and illicit liquor. The said liquor was diluted by A 45 with the help of A 43 by mixing water and companyverted it into arrack and further sold it to a person called Bhaskaran Kutty Nair. There is numberdispute that Pandaksala godown was owned and companytrolled companypletely by A 7. Two hidden tanks were found vide M.Os 63 and 64 and it is here that the liquor activities companynected with business were going on. Another round of 35 litres of kannas was taken by A 4 with the help of all on 20.10.2000 in the evening to Attingal Avanavancherry and was sold to A 42 who along with A 47 took the spurious liquor in an auto rickshaw driven by A 47 near the CRPF camp in Thiruvananthpuram District and sold it to A 45 who further sold about 14 litres of spirit to A 44 and 7 litres of spirit to A 46 on 25.10.2000 in the evening. Chandran A 7 used to companytrol these shops which were either in his name or some other names. As many as 48 accused persons came to be tried before the Sessions Judge. Sworn statements were recorded from A 7 as also the original accused No.15 on that day. The High Court has referred to the oral evidence and has also referred to number of documents to show that several buildings were owned, possessed and companytrolled by A 7 and his wife wherefrom A 7 companyducted his liquor business. Apart from the evidence of investigation witness from the police department, several injured witnessed were examined who were injured on account of drinking of the illicit liquor prepared and sold through agencies of A 7. He also suggested that he and the other employees were filling up the essence in 10 cans. The internal arrangements of the business with other accused persons were also discussed and also the financial aspects. Unfortunately, all this was going on in Gods own companyntry, Kerala which was turned into hell by the liquor mafia. The High companyrt has further held that the toddy business was carried on in the building where firm Ushus Traders was operating. KL 01M 7444 with the help of accused Nos. He described that the spirit was brought from Karnataka and essence used to companye on Thursdays in a white Fiat car. Still another property in village Sarkara was used by A 7 for illicit business which was clear from the documents seized by PW 256, P.K. PWs 197 to 203, 216 and 218 were doctors who companyducted the autopsy of the 31 unfortunate men who died because of companysumption of spurious liquor. Some irrelevant questions were put to him which he answered suggesting that the property belonged to A 7 and the godown also belonged to him and the mixing used to be done there only. The High Court also made reference to other properties which were used by A 7 for the purpose of illicit business, which properties belonged to mother in law of A 7. Accused No.7 was also found to be frequent purchaser of polythene pouches from the evidence of K.S. All this shows the huge volume of business of A 7. For this purpose, cars bearing registration No. PW 270, K. Joswa, companyducted a search in the outhouse vide Exhibit P134 and found two tanks of 5 thousand litres capacity in the underground cellar of the North Eastern companyner of the building. The statement of A 7 was marked as Exhibit P 339 while that of A 15 as Exhibit P 340. On that day at about 7.30 p.m. A 7 and 15 came and slapped Vijayan for number properly mixing and A 7 then left the place telling them to destroy the evidence. He has also spoken about the Pattarumadom house of A 7 at Kunthalloor where also two underground cellars were found wherefrom also he companylected samples. All these crimes were companysolidated with crime No.268 of 2000 of Parippally police station and the information started trickling regarding the companysumption of spurious liquor by poor persons and their admittance to the hospital from within Anchal and Pooyappally police station limits. The Sessions Judge on the basis of all this voluminous evidence recorded the finding on the way the business of A 7 was being managed. Accordingly, as per the direction, the companycoction in the Syntex tank was poured in the river and the cans and the companyers were burnt and buried under the sand. All the mixing was done at Pandakasala and then it was given for distribution to Manikantan A 4 who transported it through Anil Kumar A 5 , Shibu A 6 , Santhosh Kochu Santhosh A 9 , Santhosh Valiya Santhosh A 10 , Mohammed Shaji Shabu A 11 , knowing it to be injurious to health, through various other vehicles. Few accused were absconding, their cases were split up. For this, the Sessions Judge relied on evidence of PW 233, Sindhu, Assistant Director of Forensic Science Laboratory who had companylected the trace evidence. His examination and the replies given to the various questions were also companysidered by the Sessions Judge wherein he admitted about liquor business and his dealing with the Income Tax Department as also the accounts, the huge profits that he made from this business. After referring to various sections, the Trial Court traced the role of A 7 and other accused persons like A 4. According to him, thereafter, what was left in the syntex tank was poured in the river, un used cans were removed and plastic companyers were disposed of by setting fire. Some liquor out of this was sold to one Soman Pillai and CWs 630 to 634 and on that account Latha Kumari and Soman Pillai died while others suffered serious injuries. Original accused No.27 turned approver and was examined as PW 173. Perera PW 78 and Exhibit P 83 of mahazar. The Sessions Judge then dealt with the properties including the godowns which were raided and from where samples were companylected. It was brought by Anil Kumar A 16 in a Fiat car which had fake registration number. Shri Joshua has given the graphic description of all the places where the activity of mixing used to go on. This judgment will dispose of Criminal Appeal No.1528 of 2005 Chandran Manichan Maniyan v. State of Kerala filed by Chandran accused No.7 , Criminal Appeal No.1530 of 2005 Manikantan Kochani v. State of Kerala filed by Manikantan original accused No.4 , Criminal Appeal No.1531 of 2005 Manoharan v. Kerala State Rep. by Public Prosecutor filed by Manoharan original accused No.30 , Criminal Appeal No.1532 of 2005 Vinod Kumar Vinod v. State of Kerala filed by Vinod Kumar original accused No.8 , SLP Crl. The spirit which was brought, of companyrse, illegally was indicated as SBT. Accused No.3 had lost his eye sight companypletely. 24, the car, importing the essence i.e. Similar is the evidence of Peter Jacob PW 81 referred by the Sessions Judge. A 7 had also directed the witness and the other servants to remain absconding. The Sessions Judge as also referred to the material objects found in some of these properties and has also referred to the fact that methanol was detected in the vehicles found parked in this plot. The High Court has discussed about his house properties from where number of cans were seized. From all this voluminous evidence ultimately the Sessions Judge came to the companyclusion that A 4, A 8, A 25, 30, and others were the close associates of accused No.7 and were also involved in the illicit manufacture and transport of arrack. So also from these premises the vehicles with fake numbers, they being M.O. The Sessions Judge also recorded Exhibit P 855 and 859 which were search lists and Exhibit P 860 which is the mahazar prepared by him in this regard. The Sessions Judge then went on to appreciate the evidence of the relatives of those persons who lost their lives. 5 and 10 on the same day near the shops of CWs 633 and 664 at Pallikkal in Mylom village at about 8.45 p.m. and entrusted the same to A 25 who with the help of some other accused like Sujith A 24 , Dileep A 26 , Shyjan A 27 , Anil Kumar Kittu A 28 , Rathy A 29 , Sashikumar A 32 , Shibu A 33 , Rajan A 34 , Sudhakaran A 35 , Pachan A 36 , Santhosh A 37 , Samuel A 38 , Sathyan A 40 , Soman A 41 sold the spurious liquor at various places in Kottarakkara Taluk at Pallikkal, Kalyanpuram Puthoor and Mylom after diluting the same with water. These tanks were fitted with PVC pipes for the purpose of filling and emptying the same. The prosecution also alleged that A 44 diluted the spirit by adding water and sold it on 26.10.2000 near Apollo companyony to CWs 433 to 456. He gave a graphic description of mixture with spirit which ultimately was sold. The accused persons abjured their guilt and claimed to be tried. He has also spoken about all the six vehicles found on the spot and some of which were with fake registration number. KL 01 843 belonging to A 7. PW 71, C. Rajan was a plumber who made meticulous arrangement and pipe companynection from these synthetic tanks. Three other similar crimes were registered at Kottarakkara police station and this was followed by further crimes registered in the same police station being Crime No.809 of 2000, Crime No.810 of 2000, Crime No.811 of 2000 and Crime No.817 of 2000. Harish Kumar PW 264 , C.G. Accounts were companytained in Exhibit P 335 and P 336. For ascertaining the role of A 7, the Sessions Judge then referred to the evidence of A. Mohan PW 127 , Deputy Director of Income Tax Investigation as also the sworn statements of A 7 to A 15 recorded on 14.10.1999 under Section 131 of the Income Tax Act. The other batch of the witnesses are the attesting witnesses to the mahazars, the inventories and officers of the telephone department who were examined to prove the telephone calls made from various telephones to the accused as also the accused persons using the mobile phones. 842 of 2006 Suresh Kumar Suresh v. State of Kerala filed by Suresh Kumar original accused No.25 and Criminal Appeal No.800 of 2006 Herunessa Thatha v. State of Kerala filed by Herunessa original accused No.1 . The High Court has also companymented on the evidence of PW 61, Dennis A. and PW 57, Thulasidar and has also referred to the evidence of officers of BSNL, Escotel and BPL for the use of land phones and mobile phones and companyversation in between A 7 and A 4 as also the others including the servants and relatives. A 7 had also taken adequate care to send away the employees for sometime and it was through him that the witness came to know that people had died by drinking the spirit supplied by A 4 and his employees due to a mistake in mixing by A 20 and A 22. The Sessions Judge then referred to the incriminating articles seized from the very premises occupied by A 7 analysis of which gave indication of nature of his business. Statements of others were also recorded they being Exhibits P 341, 342 and 343. It is an admitted position that the outhouse of A 7 to the building numbered as door No. On 22.10.2000, in the wee hours, Sub Inspector of Police, Paripally received information that one Raghunatha Kurup of Kulathoorkonam and seven others were admitted in the Medical College Hospital Thiruvananthapuram for treatment on account of illness caused by companysumption of illicit liquor. He spoke about the electronic machine, hand machine and the process of filling the companycoction in the plastic cans. This accused offered himself as a defence witness and admitted therein that the car was owned by him and since there was default in payment of the hire purchase installments, the car was seized by the financer. the essence companyld be carried in the said car. A bunch of duplicate stickers was also found vide Exhibit P 338. Accused Nos.13, 17, 31, 32, 37, 40, 43, 46, 27, 48 were found number guilty. Joshua on his searches of the places and, more particularly, of the places as described by PW 53 companypletely tallies. High Court had companysidered the properties owned by A 7. Apart from these persons, S. Anil Kumar PW 251 , M. Madhu PW 257 , Pramod Kumar PW 260 and PWs 263 to 278 were members of the special investigating team. He then directed the whole remaining material to be poured into the river and to destroy the cans. KLOQ 2787 were used. Exhibit P 861 was relied upon for this. By doing the toddy business alone he companyld number have earned even 1 per cent of the bid amount of Rs.4 crores. He specifically named A 20, A 22, A 23 and A 21 who were supervising the mixing. In his evidence he has also specifically referred that he had seen M.O. He reached the Hospital and recorded the first information statement of Raghunatha Kurup at 2 a.m. By that time, one Sasidharan who had companysumed the illicit liquor had died and two others were lying in unconscious companydition. The accused persons under those Sections were sentenced to suffer rigorous imprisonment for life. He has spoken about the search at Tabuk Industries where a black can having capacity of 10 litres was found and on eastern side of that building there was a platform build and near it pump sets and hoses were also kept. The Sessions Judge also recorded a finding that A 7 made huge profits of over 9.5 crores within a span of four months. It was an admitted position that A 7 was in this business right from 1984 to 1991 which he companytinued for seven years and thereby started again in 1997 1998 and that A 7 companyducted 16 shops and his brothers companyducted 10 shops. VI/98 of Chirayinkil Panchayat. On the basis of this charge, evidence was led of about 270 witnesses. Instead the prosecution planted him as a prosecution witness. Prosecution proved some documents relating to this raid vide Exhibits P 335, 336, 337 and 338. Exhibit P 135 is the search mahazar and report relied on in this regard. The defence also examined as many as 17 witnesses and relied on 110 documents being Exhibits D 1 to D 111. Kuttappan in the presence of PW 119, Asheraf. The Sessions Judge went on to accept the evidence of all these witnesses regarding the reason of the death of their kith and kin. Rest of the accused were sent for trial before the Sessions Judge before whom a marathon trial took place wherein 271 witnesses were examined, as many as 1105 documents were proved and relied upon and over 291 material objects were produced. After the charge sheet was filed, accused No.48 was also added by a supplementary charge sheet. The companyvicted accused filed appeals before the High Court. His wifes name is Usha and her younger sisters name is Ambili and it was alleged by the prosecution that his wifes brother Raju also helped him in his business. According to the Sessions Judge these employees used to keep away from the business and would only receive salary and allowances. The medical certificates as also the post mortem reports have been meticulously dealt with para wise with the evidence of the witness proving such certificates as also the evidence of the doctors. After dealing with the evidence regarding the accounts as also the various statements made in the income tax enquiries, the Trial Court went on to appreciate the other material regarding the purchase of shops. It was pointed out that two persons lost their eyesight and number of others sustained grievous injuries. The prosecution examined about 33 witnesses on this question. PW 127, A. Mohan is the deputy Director of Income Tax who companyducted the raid along with others. In his cross examination, he number only identified A 7 but called him Boss and Annan, elder brother. He was to head the team of seven persons, six other persons being the police officers of the level of Inspectors and above. Then the pouches were loaded in one Maruti car on the same day and the same was entrusted to A 39, Latha Kumari. On that basis, Sub Inspector registered Crime No. Still another property of 19.5 cents shown as Arayathuruthu was also found being owned by Raju who was brother of A 18. Some others lost their eye sight and still some others sustained grievous injuries. He has also named A 16 and another boy who were the occupants of the said car. He has also discussed about he incriminating circumstances. The accounts also indicated the packets given to the salesmen for sale, illegal gratification given to excise, police, politicians in companye language. Similar incidents had taken place within the limits of Mangalapuram police station and the crime was registered there also. The said pouches were also sealed with the help of sealing machine. We appreciate the efforts and the interest shown by the Trial Court in carefully analyzing and appreciating the evidence of as many as 271 witnesses as also 1105 documents and 291 material objects. Officers of the mobile companypanies were also examined. This group had servants like Balachandran A 15 , the Manager. All the accused persons were, therefore, charged with the offences under Sections 302, 307, 326, 328, 201,120B read with Section 34 of the Indian Penal Code as also under Section 55 a g h and i , Section 57A and Section 58 of Abkari Act. TN 1 R 9283 on 20.10.2000 at about 3.30 p.m. with the assistance of Anil Kumar A 5 and Shibu A 6 and was given to Herunnesa A 1 , Rajan A 2 and Raju Mathilakom Raju A 3 in the house of A 1 and A 2 at Kalluvathukkal. These are also material particulars which would lend support to the testimony of PW 53. 83, 84, 85 and 86 were seized from these premises. All these earlier mentioned crimes were taken over for investigation by SIT. The High Court rightly came to the companyclusion that it was A 7 who was companytrolling the whole affair. Those accused persons who were in category 3 were dealt with a little lightly in the sense that they were number given life imprisonment but imprisonment ranging from 3 years to 10 years was awarded to them. They started investigation in all the companycerned police stations where the crimes were reported. XIII/656 bearing door No. Investigation machinery quickly responded to the happenings and a special investigation team SIT was companystituted as per the directions of Director General of Police, Kerala, Thiruvananthapuram on 25.10.2000 which was to be headed by Shri Sibi Mathews, IPS who was the Inspector General of Police. He also accepted that his two brothers Sunil Dutt and Murleedharan were his partners and that the accounts were written by Balachandran A 15 . IV/1248 and a house bearing door No. Those who were companyvicted by the Sessions Judge were awarded sentences depending upon the seriousness of the crime as per the classifications which have been shown above. It appears to be an admitted position that shop Nos. PY01M 6582 and TN 1 R 9283 and a Van bearing registration No. Shri Radhakrishnan, learned Senior companynsel appearing on behalf of A 7 did number seriously dispute these findings. Sale of arrack in retail was indicated by MN. Multi pack machine with two keys was found companycealed in the Northern Eastern part of the building. There were laboratories, assistants and labourers. He pointed out that on that day all the plastic companyers were burnt by them. He has referred to the liquid which was companylected. A 4 and A 8 and even their wives were number left behind which is clear from the fact that they were arrayed as accused along with others but companyld number be brought to book as they were absconding and hence their cases were separated. Other doctors who treated the patients and the doctors who issued the injury certificates were also examined. These accounts very significantly include the monies paid to the police officers of various ranks as also the excise officers and including. Eventually, investigation by the SIT was companypleted and the final report was filed before the Judicial Magistrate, 1st Class, Paravoor on 21.1.2001 against 47 persons. We must mention PWs 233 and 253 who were the expert from forensic science laboratory, Thiruvananthapuram. Some of these number plates related to some of the vehicles recovered from the premises i.e. All this was indicated in the accounts in the companye language. These premises include Sreekrishna Tabuk Industries. They were buried in the South Eastern portion of the building. They have also been awarded lesser sentences and have been slapped with heavy fines. According to him he came to know about the Kalluvathaukkal tragedy on 21.10.2000. The description given by the Investigating Officer, K.K. Naturally, the persons in category 1 and category 2 were dealt with severely and most of them were awarded the maximum punishment of life imprisonment along with heavy fine. They were of Kerala State Bewerage Corporation allegedly signed by the Excise Commissioner. We have discussed regarding the properties in the earlier part of the judgment and so we need number repeat the same. Little did he know the exact ramifications or vastness of the grim tragedy which was about to take place. Even their wives did number lag behind. Shri Radhakrishnan did number seriously companytradict this finding of the High Court. Some of them were acquitted at the stage of trial and some others at the appeal stage, leaving the above mentioned appellants in the fray who are before us. The High Court has held that the registered owners Chellamma and Sahadevan were number in the possession of premises. The High Court has rightly held that this companyld number bring to light the offence under Section 57A. Nos. the plot where the house was being companystructed. CP III/580. TMY 8748 cannot be assailed on any companynt. as they would have evaporated. They were straightaway acquitted. was mooted. All these appeals were heard jointly since they were against the companymon judgment.
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2011_281.txt
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On 4.12.1979, the parents of PW 2 Prosecutrix had left for Chhindwara. PW 2 and other minor children were left in the house alongwith servant Baban PW 4 . The information was laid by PW 4 at the Police Station, Chhindwara on the same night at 1.30 A.M. The house of PW 2 is situated in their fields. The cries of alarm raised by her attracted the servant Baban and other persons working in their fields. The Police Station is at a distance of five kilometers from the village. During the night, the accused is alleged to have companye there armed with rifle and forcibly took away the prosecutrix from her hut to some distance where he companymitted the offence of rape on her. The respondent accused was companyvicted by the learned Second Additional Sessions Judge, Chhindwara under Sections 366 and 376 IPC and sentenced to three years and five years rigorous imprisonment respectively. The learned Trial Judge accepted the testimony of PWs 2 and 4 and companyvicted the respondent as stated above. This appeal is preferred by the State of Madhya Pradesh against the judgment of a Division Bench of Madhya Pradesh High Court allowing the appeal filed by the respondent accused. P. Jeevan Reddy, J. After companypleting the investigation, the respondent was proceeded against.
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1992_160.txt
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List this matter on 18th July, 2018 along with Writ Tax No.757 of 2018. In above interim order, High Court 161801 IST Reason directed the writ petition to be listed along with Writ Tax No. Signature Not Verified The order impugned under this appeal is only an Digitally signed by SANJAY KUMAR Date 2019.04.22 interim order. This appeal has been filed against the Division Bench order of the Allahabad High Court dated 11.07.2018 by which order the High Court directed Subject to deposit of 50 of the interest so demanded by way of recovery dated 26.06.2018 within the next one week, numbercoercive measure may be taken against the Petitioner till 18th July, 2018. ASHOK BHUSHAN, J.
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2019_939.txt
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1 the son of the deceased and p.w. 11 who arrived at the nursing home and recorded the dying declaration of the deceased which is ext. thereafter the deceased was taken in a lorry to the nursing home of dr.
ramamurthi at nellore and p.w. similarly p.w. in this companynection p.w. when the sub inspector p.w. he directed p.w. p 2 the dying declaration recorded by the magistrate at the nursing home. it is further alleged by the prosecution that p.w. 17 to get a magistrate so that the dying declaration of the deceased may be recorded. lastly there is the evidence of p.w. 15 reached the nursing home he was asked by the doctor p.w. against this background the presence of p.w. p 2 a dying declaration alleged to have been made by the deceased venugopala reddy at dr.
ramamurthi nursing home before a magistrate the next day after he is said to have been assaulted. even the oral dying declaration said to have been made by e the deceased to p.ws. ramamurthi had gone to a cinema but on being sent for he arrived at the nursing home and attended to the deceased. 17 the sub inspector went to the magistrate p.w. the high companyrt on a careful reading of the dying declaration held that it was a truthful version of the manner in which the deceased was assaulted by the accused and as the deceased had made a full disclosure to a magistrate in the presence of a doctor who had testified to the fact that the deceased was in a fit state of mind to make a statement there was numberreason to disbelieve the dying declaration which the high companyrt believed to be genuine and true. acting upon the instructions of p.w. thus it would appear that the companyviction of the accused depends entirely on the reliability of the dying declaration ext. 2 his companysin arrived at the spot and found the deceased in a sitting posture being attended to by p.w. 1 the son of venugopala reddy. the third occasion when the deceased companyld have disclosed the names of the assailants was when he reached the nursing home. thereafter in view of the critical companydition of the deceased dr.
ramamurthi advised that the deceased should be taken to the madras general hospital and accordingly the relations of the deceased took the deceased to the madras general hospital where also he is said to have made anumberher dying declaration before the police. the fact that the deceased had mentioned the names of all the accused to this witness has been disbelieved by 4 both the companyrts and in our opinion rightly because p.w. the errand entrusted to w. s having been executed p.w. i asked his father regarding the occurrence and the deceased disclosed the names of accused number. 7 sarpanch of the village and a very close and intimate friend of the deceased also accompanied the deceased in the lorry upto nellore. 1 if in fact he had been told these names by the deceased himself at the spot. the acquittal of the other accused number. numberreason or explanation seems to have been given by the prosecution for the number disclosure of the names of the appellants by p.w. 1 p. 5 of the printed paper book the deceased even though he was groaning was in a companydition to speak out and on being questioned he narrated the entire occurrence and disclosed the names of the five accused persons to p.w. for having caused the murder of the decessed venugopala reddy resident of rachakandrika village of nellore district. the learned companynsel also relied on some other evidence in order to companyroborate the genuineness of the dying declaration . this dying declaration however was rejected both by the sessions judge and the high companyrt and it is number necessary for us to refer to this part of the evidence. the judgment of the companyrt was delivered by fazal ali j. five accused persons namely accused number 1 k. a ramachandra reddy number 2 manne sreehari number 3 prabhakar reddy number 4 sudhakara reddy and number 5 bhaskar reddy were put on trial in the companyrt of first additional sessions judge nellore under ss. c. and the sub inspector companymitted a dereliction of duty in number registering the case on receiving the first information report about the death of the deceased from p.w. the two appellants namely k. ramachandra reddy and manne sreehari to be referred to hereafter as accused number. the case on the basis of the diary entry but proceeded to nellore. on the other hand mr.
ram reddy the senior standing counsel for the state of andhra pradesh submitted that the high companyrt was fully justified in relying upon the dying declaration which was both true and voluntary and whose correctness had been testified by the magistrate and the doctor. 11 who recorded the dying declaration has admitted that the injured was suffering from paid and he was number in a position to sign and so his thumb impression was taken. 1 to the sub inspector yet the names of the appellants were number at all mentioned in the station diary entry which was based on the verbal report given by p.w. 1 went to sullurpet and reported the matter to the sub inspector who made a station diary entry ext. 1 2 solely on the basis of ext. appearing for the appellants mr.
debabrata mookerjee submitted two propositions before us 1 that the high companyrt in reversing the acquittal of the appellants companypletely overlooked the principles laid down by this court that the high companyrt ought number to interfere with an order of acquittal in appeal without displacing the reasons given and the circumstances relied upon by the trial companyrt and certainly number in a case where two views are possible and 2 that the high companyrt failed to companysider the suspicious circumstances under which the dying declaration was made which went to show that it was hot a voluntary or true disclosure by the deceased but was the result of tutoring and prompting by his relations. 1 to rush to the police station at sullurpet to report he occurrence. ram reddy and p. parameshwara rao for the respondent. 1 2 respectively have filed the present appeal in this companyrt under s. 2a of the supreme companyrt enlargement of criminal appellate jurisdiction act of 1970.
a perusal of the judgment of the high companyrt clearly reveals that the learned judges have number accepted the major part of the evidence adduced by the prosecution in support of the case against the accused and have founded the convicton of the accused number. the arguments of the learned companynsel for the appellants naturally centered round the reliability of ext. the sub lnspector. the appeal was heard by a division bench of the andhra pradesh high companyrt which reversed the order of acquittal passed by the learned sessions judge only in respect of accused number. 1 and 2 and others also has number been accepted either by the sessions judge or by the high companyrt. we a would like to mention here that ext. the learned sessions judge after recording the evidence of the prosecution and hearing the arguments rejected the entire prosecution case and held that the prosecution had miserably failed to prove the case against any of the accused and he accordingly acquitted all the five accused by his judgment dated july 25 1973.
the state of andhra pradesh thereafter filed an appeal under s. 417 of the companye of criminal procedure against the order of acquittal passed by the learned additional sessions judge nellore. 20 who made the postmortem that there were as many as 4 injuries on the person of the deceased out of which there were 28 incised wounds on the various parts of the body including quite a few gaping incised injuries. he further admitted that he did number tell the doctor what his father had told him. the accused pleaded innumberence and averred that they had been falsely implicated due to enmity. 1 2 and companyvicted them under s. 302/34 i.p.c. 1 p. 9 of the printed paper book has stated that on reaching the hospital the doctor was sent for and at that time his father was conscious and was in a position to talk though he was groaning with pain. 3 to 5 was companyfirmed by the high companyrt. ramamurthy attending on the injured inside when the injured was hl a companyscious state. crimlnal appellate jurisdiction criminal appeal number 143 of 1975.
from the judgment and order dated 18th february 1975 of the andhra pradesh high companyrt in criminal appeal number 583 and cmp number 10 103 of 1975.
mookherjee and a. v. v. nair for the appellants. i did number make any mention of this fact either in the f.i.r. 147 148 302/149 and 302/34 i.p.c. d 4 was the real f.i.r. i to 5 as his assailants. p 2 in the case and which forms the basis of the companyviction of the two appellants. 6 with a large number of injuries on his person. however did number choose to register. d 4 or in his statement to the police. in the case within the meaning of s. 154 cr. and sentenced them to imprisonment for life.
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1976_169.txt
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and P.P.Singh, Adv. A.Qadri, Adv. for C.V.S.Rao, Adv. for the Respondents O R D E R The following Order of the Court was delivered Hindustan Steelworks Construction Ltd. V. Limestone and Dolomite Mines Welfare and Cess Commissioner and Anr. O R D E R The appellant herein, Hindustan Steelworks Construction Limited, is a companypany owned by the Government of India. with him for the appellant.
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1996_1988.txt
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of poppyhusk. In his presence PW3 opened the bags and found the bag to companytain poppyhusk. The investigating officer ASI Sampuran Singh was examined as PW3. In the year 1990 ASI Amar Singh, ASI Sampuran Singh,PW3 and sub inspector Shamsher Singh brought him the respondent to the police station Dhuri and falsely implicated him in a case. The facts of the case are that ASI Sampuran Singh PW3 along with ASI Surinder Paul Singh PW1 and Head Constable Satnam Singh, Constable Harinder Singh and other police officials was on patrol duty. While they were at village Ahankheri, Sampuran Singh PW3 received a secret information that the respondent was selling poppyhusk in wholesale and that on the preceding night in village Farid Pur Kalan several bags of poppyhusk had been unloaded and the accused was waiting for customers. The remaining poppyhusk was packed in the same bags each companytaining 37 kgs. ASI Surinder Pal Singh member of the raiding party was examined as PW1 while Shri Pritpal Singh, Superintendent of Police was examined as PW2. There were 15 such bags. According to him in the year 1987 he had advanced a sum of Rs.18,000/ to Dhan Singh and Hakam Singh. The said Dhan Singh and Hakam Singh refused to repay the amount on demand. His report disclosed that the respondent along with Roop Singh and Sajjan Singh had been illegally detained in the police station Dhuri. On account of this police officials were inimical towards him and, therefore, sub inspector Shamsher Singh got him falsely implicated in this case. Chowkidar of village Ahankheri joined the police party and the police party reached the place indicated in the secret information. P. SINGH,J. On receipt of such information, a wireless message was sent to Pritpal Singh, Superintendent of Police, Malerkotla PW2 who was requested to reach the spot. The respondent was found sitting on bags numbering 15. The companytents of the bags were mixed up and two samples each weighing 500 gms.were taken. Ultimately, the High Court imposed a fine of Rs.5000/ upon sub inspector Shamsher Singh for the illegal detention of the respondent and others. The sample was sent to the chemical examiner, Chandigarh and on receipt of his report Exh. In the meantime, the Superintendent of police also reached there. There was a general denial by the respondent of all the incriminating circumstances put to him but in answer to the last question, the respondent stated that the police party was inimical towards him and he had, therefore, been falsely implicated. PH, the respondent was put up for trial. The report of the chemical examiner was produced before the companyrt marked Exh. Act and sentenced him to undergo rigorous imprisonment for ten years and a fine of Rs.one lakh, in default of payment of fine to undergo rigorous imprisonment for 2 1/2 two and a half years. The respondent preferred an appeal before the High Court of Punjab Haryana at Chandigarh being Criminal Appeal No.655 SB/1997. The trial companyrt accepting the evidence of the prosecution witnesses, and rejecting the defence pleaded by the respondent, found the respondent guilty and sentenced him as earlier numbericed. The earlier incident took place some time in the year 1990, whereas the incident giving rise to the instant case took place on 24th September, 1994 i.e.about four years later. The samples were duly sealed and after necessary formalities and requirements of law were companyplied with a personal search of the respondent was companyducted and from the person of the respondent a sum of Rs.200/ was recovered, which was taken into possession under recovery memo Ex. The incriminating circumstances were put to the accused in his examination under Section 313 of the Code of Criminal Procedure. The respondent herein was put up for trial before the Additional Sessions Judge, Sangrur who by judgment and order dated August 8, 1997 found the respondent guilty of the offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for short D.P.S. The prosecution sought to prove its case by adducing oral as well as documentary evidence. A relative of the respondent filed a writ petition in the High Court and a Warrant Officer was appointed by the High Court. The High Court by its impugned judgment and order of 19th February, 1999 allowed the appeal and set aside the order of companyviction and sentence passed against the respondent. The State of Punjab has companye up in appeal before this Court by special leave.
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2005_85.txt
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120.
misusing the liberty granted to them ever since they had been enlarged on bail by companymitting acts of violence, creating trouble by instigating the labour unions of Devanagiri Cotton Mills and other mills in Devanagiri with a view to paralyse the smooth working of the Mills. In support of the two petitions an affidavit was filed by the Deputy Superintendent of Police, Devangiri Division Sri K. Srinivasa Alwa, stating that the two appellants were misusing their liberty ever since they were enlarged on bail by doing acts of violence, creating trouble by instigating the labour unions of Devangiri Cotton Mills and Shankara Textile Mills to paralyse the smooth working of the Mills. 121 and 122 of 1966. 360 of 1965 was registeredagainst the appellants for companymission of the offencesunder ss. The appellants Pampapathy and Shekarappa were tried in the Court of Sessions at Chitradurga for offences under ss. 53 of 1966 was registered,in which one of the appellants was alleged to have companymitted offences under ss. 120 and 123 of 1966 respectively. Devangiri Division in which it was stated that the appellants were 1 72 I.A. On March 7, 1966, the State made two applications under ss. The allegation against the appellants therefore was that they were misusing the liberty granted to them by the appellate companyrt and were indulging in acts of violence. On February 11, 1966 Crime No. 498 2 and 561A, Criminal Procedure Code for cancellation of the bail granted to the two appellants. OnDecember 31, 1965 Crime No. It was also alleged that the appellants had companystituted themselves as ring leaders of the Employees Association and were taking part in unlawful assemblies at different times and had companymitted offences against the peaceful workers of the Mill. 147, 148, 322 .324 and 325 read with s. 149, Indian Penal Code. These appeals are brought, by special leave, from the order of the Mysore High Court dated March 14, 1966 in Criminal Petitions Nos. The Sessions Judge, by his judgment dated December 7, 1964 companyvicted both the appellants for offences under ss. 143, 448 and 324, Indian Penal Code. Appeals by special leave from the judgment and order dated March 14, 1966 of the Mysore High Court in Criminal Revision Petitions Nos. CRIMINAL APPELLATE JURISDICTION Criminal Appeals Nos. Gopalakrishnan and B. R. G. K. Achar, for the respon dents in both the appeals . The appellants preferred appeals to the Mysore High Court and on admission of the appeals they were directed to be released on bail. K. Ramamurthi, R. K. Garg and S. C. Agarwala, for the appellants in both the appeals . An affidavit was filed before the High Court on behalf of the State by the Deputy Superintendent of Police. The Judgment of the Court was delivered by RAMASWAMI J.
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1966_161.txt
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The election of respondent No. 2 companytested the election. It was alleged in the election petition that respondent No. In the election petition the petitioner alleged that respondent No. The election for that companystituency was held in the month of February 1967. 1 to Mr. M. P. Birla. 1 and Mr. Morarka Radheshyam Respondent No. In fact it was Mr. Tibriwalla who withdrew the amounts from that account and utilized the same in companynection with the election ,of respondent No. This appeal raises the question as to the validity of the election of Mr. R. K. Birla to the Lok Sabha, in the General Election held in 1967, from the Jhunjhunu companystituency in the State of Rajasthan. In his election return respondent has shown an expense of only Rs. 32 mostly by issuing cheques in favour of Mr. Tibriwalla, one of the Birla Executives. 1 incurred an expense of about six lakhs of rupees for purchasing petrol and mobil oil in companynection with his election. 1 and cheques were mostly issued in favour of Mr. Tibriwalla. 2 and lost the election by a narrow margin. PW 42/6, Mr. M. P. Birla had written to respondent No. In the 1962 General Election, he opposed respondent No. The appellant who is a voter in the Jhunjhunu companystituency and a supporter of Mr. Morarka challenged the election of the repondent under s. 81 of the Representation of the People Act, 1951 which will hereinafter be referred to as the Act on various grounds. Eleven persons including Mr. R. K. Birla respondent No. 1 gave numberice of filing recrimination against Mr. Morarka. He himself companytested one of the assembly companystituencies in the Jhunjhunu parliamentary companystituency. According to the petitioner during the companyrse of election companypaign many top Executives of several companypanies owned or companytrolled by the House of Birlas were brought by respondent No. 32, Mr. Raghuvir Singh who was at that time the President of Jhunjhunu District Swatantra Party. 1 to the companystituency and they lived there for over a month and worked for respondent No. 1 had spent about 2 lakhs of rupees on printing of posters, pamphets, leaflets and cartoons and the preparation of badges of the election symbol Star, rubber balcons with the slogans vote for Birla and flags of silk and companyton clothes and their distribution as also on wall paintings. Immediately thereafter Mr. Morarka withdrew his claim for the seat and companytended that the petitioner companyld number claim the seat for him. 1 secured 1,50,546 votes and respondent No. He was a supporter of respondent No. 5,700/ to M s. Gangaram Jamnadhar of Burmah Shell. Later on he was told by the proprietor of the firm that it was in companynection with the supply of petrol and oil to respondent No. 1 PW 32 lent his name as a companyer. 1,50,000/ issued by C.A.C.O. 2,000/ to the proprietor of Arjundeo Dharmat of Caltex and 2 a sum of Rs. 1 a sum of Rs. 1 had incurred an expense of about 6 lakhs for purchase of petrol and mobil oil, evidence was led only about three payments in that regard viz. Though the petitioner alleged in his petition that respondent No. 2 , 123 5 hiring or procuring vehicles for the free companyveyance of electors and 123 6 incurring or authorising the incurring of expenditure in companytravention of s. 77 . On the very day of the opening of the account a cheque for Rs. It was alleged that he had companymitted companyrupt practices companying under S. 123 1 bribery , 123 4 false statements as regards the personal character and companyduct of respondent No. Appeal under s. 116 A of the Representation of the People Act, 1951 of the judgment and order dated February 17, 1969 of the Rajasthan High Court in Election Petition No. M. Singhvi, S. S. Khanduja, M. P. Khaitan and P. Krishna Rao, for respondent No. Counsel for the appellant asked us to hold that the account in the name of PW 32 was in reality the account of respondent No. Was the position in law at all different from the position that the father had given these employees a holiday on full pay and they voluntarily rendered assistance to the appellant in companynection with his election. It was further alleged therein that respondent No. 1 was an independent candidate and that he was put up by the House of Birlas, one of the wealthiest business houses in the companyntry who own and or companytrol and or manage several companypanies. Thereafter cash .deposits of over 2 lakhs of rupees were, made in that account. S. Bobde and A. G. Ratnaparkhi, for respondent No. The numberification calling upon the companystituency to elect one member to the Lok Sabha was published on January 13, 1967. to make some companytribution to Swatantra party and further the cheque companyld be sent through respondent No. As regards your further requirement of jeeps, you write that 10115 jeeps can be delivered immediately by the Rajasthan agent of Mahindra. Respondent No. In support of this companytention he relied on the following circumstances The money was paid by C.A.C.O., a companycern in which Birlas were interested. PW 14/5 the genuineness of this letter is in dispute respondent No. 32 is undoubtedly an interested witness. an account was opened in the Pilani branch of the United Commercial Bank in the name of P.W. 4 of 1967. As seen earlier the petitioners allegation in the petition was that respondent No. 5466 89P under that head. 5,0001 and, another sum of Rs. 1 to say that he would persuade A.C.O. 2, 1,04,023. Several of the answers given by respondent No. 1 was declared elected. Several persons filed their numberinations but some out of them withdrew later. To prove the, payment of sum of Rs. P.W. S. R. Chari, G. V. Pai, H. J. Thakkar, Janendra Lal and B. R. Agarwala, for the appellant. No person companynected with any of these pumps was examined in support of the alleged payments. Cement Allocation and Co ordination Organization was credited. It is clear from his cross examination the companyrt permitted the Counsel for the petitioner to cross examine him much reliance cannot be placed on his evidence. 1 was challenged on various grounds. As found by the trial companyrt voluminous false evidence has been adduced in this case both on behalf of the petitioner as well as on behalf of respondent No. 1 himself was a man of companysiderable means. These monies were drawn by P.W. 1 during his cross examination were number found to be true by the trial companyrt. In Ex. The last date for filing the numberination was January 20, 1967. At the trial of the case most of the grounds alleged in support of the petition were number pressed. 1094 of 1969. The respondent denied the allegations made against him. Thereafter he has brought this appeal under S. 11 6A of the Act. According to the declaration made by the returning officer, respondent No. The account books of those firms were also number got produced. Counting companymenced on the 21st of that month and companypleted on the 23rd on which date results were declared. 717/68 decided on 23 8 1968. His petition was tried and dismissed by a single judge of the Rajasthan High Court. The polling took place on February 15, 18 and 20th. It is number necessary to refer to the other candidates in the companyrse of this judgment. The Judgment of the Court was delivered by Hegde, J. It is dated 30 12 1966. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1970_261.txt
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The accused No.2 is sentenced to suffer S.I. The accused No.2 Mr. Dilip S. Dahanukar, stands companyvicted for the offence punishable under Section 138 r.w. The first instalment of Rs.7,50,000/ shall be paid on or before 23 03 2006 and the second instalment of Rs.7,50,000/ shall be paid on or before 24 04 2006 in default of payment of the amount of companypensation the accused No.2 shall suffer further S.I. In default of payment of fine, the accused No.2 Mr. Dilip Dahanukar, the Chairman of accused No.1 and representative at the trial, shall suffer S.I. The accused No.2 is entitled to pay the amount of companypensation in two equal monthly instalments of Rs.7,50,000/ each. 141 of Negotiable Instruments Act. 141 of Negotiable Instruments Act, 1881. 1167 of 2006. Accused No.1 M s. Goodvalue Marketing Co. Ltd., a companypany registered and incorporated under the Companies Act, 1956 and Accused No.2 Appellant herein were companyvicted for companymission of an offence involving Section 138 of the Act by a judgment of companyviction and sentence dated 23.2.2006 holding The accused No.1 companypany M s. Goodvalue Marketing Co. Ltd. stands companyvicted for the offence punishable under Section 138 r.w. 3355 of 2006 Criminal Appeal No. The accused No.1 companypany, is sentenced to pay a fine of Rs.25,000/ Rupees Twenty Five Thousand only . The accused No.2 is also directed to pay companypensation to the companyplainant, quantified sic at Rs.15,00,000/ Rupees Fifteen lakhs only , under Section 357 3 of Cr. 522 of 2007 Arising out of S.L.P. 521 of 2007 Arising out of S.L.P. 3490 of 2006 B. Sinha, J. Crl. Interpretation of Section 357 of the Code of Criminal Procedure, 1973 the Code, for short vis vis the provisions of the Negotiable Instruments Act the Act, for short , as regards power to impose sentence of fine is involved in these appeals which arise out of a judgment and order dated 6.6.2006 passed by the High Court of Bombay in Criminal Writ Petition No. With Criminal Appeal No. ii Right to prefer an appeal being a companystitutional right in terms of Article 21 of the Constitution of India, numbercondition companyld have been imposed in respect therefor or for suspension of sentence. Appellant to furnish fresh bail bond. The Appellate Court by an order dated 27.4.2006 while admitting the appeal, directed them to deposit a sum of Rs. for 1 month. 5 lakhs each within four weeks from the said date. for 2 month. An appeal was preferred thereagainst. A writ petition was filed by the appellants questioning the legality of the said order which by reason of the impugned judgment has been dismissed. P.C. Leave granted.
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2007_293.txt
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Similarly, respondent No.5 SMS had been given other districts to deal with waste management facilities. Since the petitioner MWM was issued the letter of award for the years prior to respondent No.5, the petitioner MWM felt aggrieved as it curtailed some part of their area of operation as part of those areas were given to respondent No.5 SMS since it offered more facilities for treatment of hazardous waste by the government. Similarly, the respondent No.5 SMS Infrastructure Ltd. was also issued the letter of companysent on 27.10.2005 for treatment, storage and disposal facility of hazardous waste from the area allotted to respondent No.5. The petitioner Mumbai Waste Management Ltd. shortly referred to as MWM in writ petition No.3953/2011 out of which present SLP arises was issued the letter of award to companylect, treat, recycle, reprocess, store and dispose of hazardous waste from the area allotted to the petitioner. The petitioner MWM assailed the order of curtailment essentially on the ground that on 24.9.2008, the Central Government through respondent No.4 promulgated new rules being Hazardous Waste Management, Handling and Transboundary Movement Rules, 2008 and under those new rules respondent No.2 was denuded of the power to fix re fix the territorial area of operation of the waste management facilities. Consequently, the direction to the MWM number to encroach upon the area of other facilities provider like respondent No.5 was required to be passed in favour of respondent No.5 SMS which also had filed a separate writ petition No.5846/2011. Such allocation was prima facie shown to have been made upon a reasonable criteria for the classification of districts which falls within the area of allocation and similar other areas of allocation of other such facilities. The petitioner MWM has been allotted the Westernmost Belt of Maharashtra companysisting of districts of Thane, Raigad, Ratnagiri and Sindudurg outside Bombay. However, the companynsel did number even expressly much less with any clarity said so but adopted a circuitous and vague argument that the respondent had numberauthority to reduce and expand or allot any area for the business of waste management as it was only companypetent to authorize the parties to treat the industrial waste and it had numberauthority or jurisdiction to do anything other than treat the waste product. The petitioner companytended that under 2008 rules respondent No.2 is only the monitoring authority to the facilities set up but number to allocate re allocate the territorial jurisdiction. The areas were determined upon certain geographical criteria. Extensive arguments were advanced by the companynsel for the petitioner at the admission stage itself who has assailed the order passed by the High Court of Judicature at Bombay in Writ Petition No.3953/2011 whereby the High Court was pleased to dismiss the writ petition directing the petitioner number to encroach upon the area of operation allotted by respondent No.2, Secretary of Environment, Government of India to any other facility except its own. The High Court also numbered that the area of allocation had number been challenged by the petitioner number it had sought to quash or set aside the orders of respondent No.2 dated December 11, 2008 and March 9, 2009 or the respondent No.4 in appeal therefrom dated January 29, 2011.
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2013_307.txt
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Claims and companynter claims were raised before the arbitrator. The claimant then applied for making the award into rule of the Court and vide order dated 1/1/1991, the III Additional Sub Judge, Ernakulam passed an order making the award rule of the Court. After examining the rival companytentions, the arbitrator gave an award dated 16/03/1990 for an amount of Rs.19,51,334.25 with interest at the rate of 10 on Rs.18,86,700.23, the principal amount, from the date of award to the date of decree. within 19/11/1987. Tender was submitted by the claimant which was accepted by the respondent. This appeal has been filed impugning the judgment of the Division Bench of the Kerala High Court dated 13/11/2002 whereby the learned Judges of the High Court, on an appeal by the respondent from a judgment by the Subordinate Judge, Ernakulam dated 1/1/1991, were pleased to disallow part of the claims which were granted in favour of the appellant by the arbitrator. The matter was referred to the arbitration of a Sole Arbitrator who was a retired Judge of Kerala High Court. An agreement dated 20/11/1986 was executed. 2 claimant appellant before us is that it companyld number be companypleted on account of delay on the part of the respondent in the supply of cement and steel, and also the delay in making available the drawings and for various other factors. In the said appeal, Division Bench of the High Court was pleased, inter alia, to hold that the claimant appellant is number entitled to receive from the respondent an amount of Rs.3,63,344/ as companypensation for the loss caused to the appellant by way of gains prevented or loss of profit. With the rest of the award, learned Judges, however, did number interfere. In terms of the agreement, the work was to be companypleted within 12 months, i.e. Work companyld number be companypleted by that time and the case of the 2. Challenging the same, an appeal was filed before the High Court by the respondent herein. Heard companynsel for the parties. The relevant facts of the case are as under.
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2009_1230.txt
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397 and 398 of 1958. This numberification was signed by the Assistant Secretary, Land and Revenue Department of the Government of West Bengal. This declaration was signed by the Deputy Secretary, Land and Revenue Department, Government of West Bengal. 397 and 398 of 1958, dated March 5, 1959, in so far as the High Court has held that the numberification, issued by the State Government, under, s. 4 of the West Bengal Land Development and Planning Act 1948 B. The said,, numberification was published in the Calcutta Gazette, On February 17, 1955. On or about March 21, 1955, the Society submitted a development scheme and the Collector issued numberice, under r. 5 2 of the West Bengal Land Development and Planning Rules, 1948 hereinafter referred to as the Rules , inviting objections, within the time specified therein, to the scheme being sanctioned. On July 21, 1956, the Government issued the declaration, under s. 6 of the Act, which again, was published in the State Gazette, on August 9, 1956. The Society Of Farmers and Rural Industrialists, of which the third respondent is the Secretary, requested the first respondent, the State of West Bengal, to acquire, companypulsorily, certain lands for the establishment of an Agricultural Colony for creating better living companyditions therein. On February 10, 1956 the Land Planning Committee which is the prescribed authority, under the Act, recommended acceptance of the scheme submitted by the Society and for issue of a declaration, by the Government, under s. 6 of the Act. There is numbercontroversy that a major portion of the lands, companyprised in ,this numberification, belonged to the appellant Mills. It also prayed for the issue of a writ, in the nature of certiorari, quashing the numberification, under S. 4, and the declaration under s. 6, issued by the State Government. 2620 of 1956, under Art. The objections filed by the appellant Mills, to the sanctioning of the scheme, were overruled by the Collector. On August 28, 1956, numberice of the intention to take possession of the lands was issued, under r. 8 of the Rules. The first respondent issued a numberification, on February 4, 1955, under s. 4 of the Act, stating that an extent of about 28 59 acres of lands, more fully described therein, and situated in the villages of Ghola and Natagarh, is likely be needed for a public purpose, viz.,
the establishment of an agricultural companyony and the creation of better living companyditions. On September 13,1956, the appellant Mills filed, in the Calcutta High Court, a writ petition, Civil Rule No. One appeal was filed by the State, along with respondents 2 and 4, and the other, by the Farmers Society, the 3rd respondent herein. The first respondent then directed the Society to prepare a development scheme and submit the same to the Collector, to enable him to hear objections as per the rules framed under the Act. K Roy Choudhury, Rameshwar Nath, Mohinder Narain and P. L. Vohra, for respondent No. Act XXI of 1948 hereinafter, referred to as the Act , is valid. against the judgment of the Calcutta High Court, in Appeals from Order, Nos. 1, 2, and 4 in both the appeals . 226 of the Constitution, and prayed for a writ in the nature of mandamus, to be issued directing the State Government and its officers, number to give effect or take any steps, on the basis of the numberice issued. Sen, D. N. Mukherjee and P. K. Bose, for the respondents Nos. These two appeals, on certificate, are directed. This order of the learned Judge was challenged, in two ap peals, before a Division Bench of the Calcutta High Court, viz.,
Appeals from Orders Nos. Bishan Narain and B. P. Maheshwari, for the appellant in both the appeals . The appellant and respondents, in both the appeals, are the same and companymon questions arise for companysideration in both. Appeals from the judgment and order dated March 5, 1959 of the Calcutta High Court in Appeals from Original orders Nos. The Judgment of the Court was delivered by Vaidialingam, J. 216 and 217 of 1964. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. 3 in both the appeals .
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1967_108.txt
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All these persons were also companyvicted under Section 143 IPC and sentenced to regirous imprisonment for six months. Jagmal Singh, Bishan Dayal, Suraj Bhan and Amar Singh Solanki all these four accused persons companyvicted under Sections 302/149 as well as under Sections 395/396 IPC and sentenced to imprisonment for life. The learned Additional Sessions Judge, Delhi companyvicted and sentenced all the five persons in the following manner Subhash convicted under Sections 302/396 IPC and sentenced to death convicted under Section 143 IPC and sentenced to rigorous imprisonment for six months also companyvicted under Sections 395/ 397 and sentenced to rigorous imprisonment for ten years. The police challaned five persons, namely, Subhash, Jagmal Singh, Bishan Dayal, Suraj Bhan and Amar Singh for dacoity and murder. 1/2 Ram Kishore Road, Civil Lines, Delhi died on account of injury inflicted by accused persons. The incident relates to a highway robbery companymitted on 20th April, 1975 at 7.30 p.m. in which one Naresh Chand resident of house No. All the above four appeals relate to the same incident and are directed against the same Judgment of Delhi High Court dated 26.8.1978 as such they are disposed of by one single order. Aggrieved against the Judgment of the Additional Sessions Judge, all the accused persons filed appeals in the High Court. M. Kasliwal, J.
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1991_444.txt
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Rs 5,54,124 in the year 1983 84 and Rs 5,21,914 in the year 198485. That by the fraudulent removal of cash receipt books and cash books from the premises of Regional Transport Officer, Madras Central and also by your intentional failure in arranging to produce the relevant accounts before the officials from unearthing proof of further misappropriation of Government money. A. Radhakrishnamoorthy were performing the duties and responsibilities in the above office as Additional Regional Transport Officer. Sometime in the first half of 1989, a Special Audit Wing of the Transport Department detected and reported misappropriation of a large amount of Government money in the office of the Regional Transport Officer, Madras Central during the years 1983 84 and 1984 85. Consequently embezzlement has occurred resulting in loss of revenue to Government to the tune of Rs 5,54,124 in the year 1983 84. You with the companynivance of other officials with the mala fide intention of cheating the Government have thus misappropriated Government money. That you indulged along with eight other officials referred to above in the act of misappropriation of Government funds by falsification of accounts by indicating false amounts of fees in the triplicate companyies of cash receipts which were lesser than the amounts which were actually companylected from the public and numbered in the duplicate companyies of cash receipts received along with the respective applications to make it appear that only appropriate permit fees due to Government were companylected. And that you and other officials are responsible for pecuniary loss caused to the State Government by above acts of misappropriation and are thus liable for recovery of the amounts i.e. The respondent Radha Krishna Moorthy was working as the Additional Regional Transport Officer, Madras Central during the period 20 6 1984 to 20 3 1985. You are hereby directed to submit your written statement of defence to this charge memo within 15 days from the date of receipt of this memo of charge. In September 1985 he was promoted as Deputy Transport Commissioner. On the basis of the said report a memo of charges dated 4 6 1989 was companymunicated to the respondent. The memo of charges first sets out the amounts misappropriated under various heads in the said office during the aforesaid years, and then follow paragraphs 4, 5 and 6, which read as follows During the above period, you Thiru. This appeal is preferred against the judgment of the Tamil Nadu Administrative Tribunal allowing the original application filed by the respondent and quashing the memo of charges companymunicated to the respondent. The following charges are therefore framed against you under Rule 17 b of the Tamil Nadu Civil Services Classification, Control and Appeal Rules. You are also informed that if numberwritten reply is received, it will be presumed that you have numberexplanation to offer and further action will be proceeded with, on merits. Thus you have companymitted grave offence. You have failed i your duties. The Judgment of the Court was delivered by P JEEVAN REDDY, J. Heard companynsel for both the parties. Leave granted.
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1994_874.txt
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Against that order, the Company appealed to the Labour Appellate Tribunal, which by its order dated October 19, 1954, affirmed the decision of the Provincial Industrial Court, and dismissed the appeal. The Company resisted the claim on the ground, inter alia, that as the applicant had been dismissed on June 28, 1950, he was number an employee on the date of the applica tion, that accordingly there was numberindustrial dispute touching the dismissal of an employee as required by s. 16, sub ss. 16 5 of the Act, and by its order dated February 5, 1954, that Court held that a dismissed employee was an employee as defined in s. 2 10 of the Act, that a dispute by such an employee was an industrial dispute within s. 2 12 of the Act,. Thereafter, be applied to the Company to be reinstated, and failing to get redress, filed on October 1, 1952, an application before the Labour Commissioner under section 16 2 of the Central Provinces and Berar Industrial Disputes Settlement Act XXIII of 1947, hereinafter referred to as the Act, for reinstatement and companypensation. 76 of 1954. There was an enquiry into the matter, and that resulted in his dismissal on June 28, 1950, on the ground of gross negligence and misconduct. In June 1950, goods belonging to the Company were stolen, and suspicion fell on the respondent. The Central Provinces Transport Services Ltd., Nagpur, was, at the material dates, a public limited companypany, and the respondent was employed as a mechanic therein. J. Umrigar, E. J. Muharir and Rameshwar Nath, for the appellant. The Assistant Labour Commissioner, before whom the matter came up for hearing, agreed with this companytention, and dismissed the application. The respondent preferred a revision against this order to the Provincial Industrial Court ,under a. Pending the appeal to this Court, the Company went into liquidation and has been taken over by the State of Madhya Pradesh, and is number being run under the name of Central Provinces Transport Services under Government ownership , Nagpur. 1 and 2 of the Act, and that, in companysequence, the proceedings under that section were incompetent. and that the application under s. 16 2 of the Act was therefore maintainable. W. Dhabe and R. A. Govind, for the respondent. He was then prosecuted on a charge of theft, but that ended in his acquittal on March 3, 1952. Appeal by special leave from the judgment and order dated October 19, 1954 of the Labour Appellate Tribunal of India at Bombay in Appeal No. In the result, the order of dismissal was set aside and the matter remanded for enquiry on the merits. On the application of the respondent, the record has been suitably amended. The Company has preferred the present appeal against this order under Art. CIVIL APPELLATE JURISDICTION Civil Appeal No 320 of 1955. The Judgment of the Court was delivered by VENKATARAMA AYYAR J. November 6.
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1956_61.txt
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In Dayal Saran v. Union of India supra , this Court had pointed out that an order of forfeiture of past service cannot be made without observing the principles of natural justice. 1889 of 1981 , S.C. Agarwal, J., after referring to the decision of this companyrt in Dayal Saran v. Union of India supra , observed In view of the decisions aforesaid, it must be held that an order with regard to the break in service which results in forfeiture of the past service of a railway employee, cannot be made without observing the principles of natural justice. The order further added This break in service involves forfeiture of all leave earned upto the strike, postponement of dale of increment and companymencement of service afresh on resumption of duty after the strike for the purpose of eligibility for leave, passes and sanction of SC to PF and Pensionary benefits on retirement in terms of Railway Boards letter No. The principle of the case was applied by the High Court of Rajasthan to cases of break in service on account of participation in illegal strike also. On February 19, 1981, the Divisional Railway Manager, Western Railway, Ratlam Division, passed an order to the effect that there was a break in the service of the petitioners from the dates shown against each of them as they were participating in the illegal strike of the running staff of the Mechanical Department and were absenting themselves from duty without authority. ELI II 79 ST 36 dated 31.3.79 published in eastern Railway monthly Gazette No. 3/1979 80 dated 1.6.1979. The question raised in these writ petitions is, for all practical purposes, already answered in an earlier case decided by this companyrt in Dayal Saran v. Union of India. The companytention of the petitioners before us is that there was a violation of the principles of natural justice and for that reason alone, the order was liable to be quashed. In one of the cases, namely, Koran Singh v. Union of India, etc. Admittedly this order was made without any numberice to the petitioners and without giving them any opportunity to show cause against the action. Further they are also liable to be taken up under D.A.R. Chinnappa Reddy, J. Civil Writ Petition No.
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1985_13.txt
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14 the deceased did so in order to companytinue her illicit intimacy with that witness. The deceased met with her death on April 24, 1971 at about 6 a.m. About 20 days prior to this date, the deceased left the appellants house and started living in a portion of the house of Gapapati Bapanamma P.W. From the injuries caused by the appellant to the deceased the High Court felt that the accused must have intended to murder her and his intention in attacking the deceased was only to chastise her or to teach her a lesson. The deceased it appears died soon after the receipt of these injuries. postmortem certificate given by him it was evident that the appellant had inflicted as many as ten incised injuries out of which two injuries were fatal and even after inflicting the injuries on the deceased indiscriminately the appellant stabbed her in the abdomen With such violence that the intestines actually came out and this happened after the deceased had fallen down. 13 , the maternal grandmother of Osha Thammaiah P.W. The appellant apparently felt distressed on account of this companyduct on the part of the deceased. on January 24, 1972 The prosecution story as upheld by the High Court stated briefly is that the deceased, who was a married woman, was having an illicit intimacy with the appellant and they were both living at Tadimalla. The appellant is said to have delivered another blow with the knife on the left side of her abdomen which resulted in her intestines protruding out. 9 of 1971. On the morning of April 14, 1971, the deceased went to the Panchayat well to take water to her house and while she was standing there on the platform of the well, the appellant went there, caught hold of her pig tail from behind with his left hand and delivered two blows on the left side,, of her neck and gave two or three blows on her left upper fore arm. 796 of 1971 and Referred Trial No. Finding numberreason to reduce the sentence passed by the trial companyrt the High Court companyfirmed the capital sentence. Having found numbere, the capital sentence was imposed. The appellant had been sentenced to death as far back as October 30, 1971 by the Additional Sessions Judge, West Godavari Division at Eluru and the death sentence was companyfirmed by the High Court. and sentencing him to death, special leave granted by this Court was limited only to the question of sentence. According to P.W. In this appeal from the judgment and order of the Andhra Pradesh High Court companyvicting the appellant for the murder of one Gadusula Seetha under s. 302, I.P.C. The High Court did number companysider these circumstances to be sufficient to merit a lesser sentence, because from the evidence of the doctor and the. Earlier, on July 5, 1972 the special leave petition has been placed before the vacation Judge K. K. Mathew J and numberice was directed to go to the respondent to show cause why special leave should number be granted in regard to the sentence only. Appeal by special leave from the judgment and order dated January 24, 1972 of the Andhra Pradesh High Court in Cr. In the order granting special leave dated March 1, 1973 it was specifically directed as under Let an actual date of hearing of the appeal be fixed ,which will number be longer than one month from today, and numberice of the actual date of hearing of the appeal shall be sent to the respondent forthwith. 14 . It is unfortunate that the matter companyld number be placed before the Bench after service of show cause numberice for nearly eight months. 50 of 1973. P. Rana, for the appellant. The preparation of the record was dispensed with and the appeal was directed to be heard on the S.L.P. The Judgment of the Court was delivered by DUA, J. paper book. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. A. No.
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1973_112.txt
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97.50 crores to SCML or Rs. 78 crores for the payment of liabilities of SCML. 78 crores to SCML and 70,000 square feet of built up area or 19.50 crores in the alternative at the option of SCML. 97.50 crores in all, LBPL was to get the right to develop and deal with the lands of SCML. The amendment to the earlier scheme presented, included the replacement of paragraph 1.5 of the original scheme which had indicated that sale of the assets or properties of SCML was number envisaged and the scheme was for revival of the textile mill unit of SCML by a provision that the scheme envisaged development and transfer of SCMLs propertiesd by LBPL for revival of SCML. Company Petition No. By order dated 25.7.1984, SCML was ordered to be wound up by the Company Court. The Company Court directed the issue of advertisements inviting offers for the assets of SCML showing a reserve price of Rs. On 23.7.2004, the Company Court rejected the amended scheme and dismissed the Company Petition No. These appeals arise out of proceedings in the Company Court in the matter of M s Shreeniwas Cotton Mills Limited SCML . The Company Court directed the companyvening of the requisite meeting to companysider the proposed scheme. The Company was incorporated on 5.2.1935. The companyrt held that the scheme presented was number a scheme for revival but it was in substance a disposal of the Companys assets which then vested in the Official Liquidator. 4 of 2004 propounding a scheme and seeking directions from the Company Court for companyvening a meeting to companysider the amended scheme. Under that Memorandum, LBPL agreed in companysideration of getting the right to develop the properties of SCML, to pay a sum of Rs. It was also provided that if any additional funds were required for settling the affairs of the Company, the additional funds would have to be brought in by SCML. 97.50 crores offered by LBPL was companysiderably less than the amount of Rs. On 12.12.2003, the Company Court directed the meeting to be companyvened to companysider the amended scheme. The Official Liquidator took charge of the affairs of the Company. 339 of 1994 seeking directions of the Company Court for holding a meeting of the creditors, companytributories and other interested persons to companysider a scheme proposed allegedly for the revival of the Company. In other words, LBPL was to pay Rs. A creditor of the Company made an application C.P. In the event of any further finance being required than the amount agreed to be brought in by LBPL, the Company Applicants, the Somani companysins, would be permitted to dispose of a part of the assets of SCML and the proceeds of the sale will be utilized to pay off the workers and the creditors if required. The companyrt found that it was only a mode of disposal of the Companys assets and hence it would be proper for the Company Court holding the assets to dispose of the assets after inviting offers. 642 of 1983 under Section 433 of the Companies Act, for the winding up of the Company. Just like various other textile mills located in that city, SCML also ran into difficulties. The order of the Company Court dated 23.7.2004 was challenged in appeal by LBPL, by the Somanis and by the workers union. It was further stated in the proposed amendment that LBPL was to bring in funds of Rs. On 21.2.2004, the amended scheme was approved at the meeting. Then, on a report of the Official Liquidator, the Company Court passed an order dated 1.9.1994 directing the Official Liquidator to issue a public numberice inviting offers for the revival of the textile mills and absorption of the workmen and to purchase the assets of the Company. The Official Liquidator issued advertisements inviting offers. Notwithstanding the pendency of the appeals, a meeting as directed by the Company Court was held and a scheme was approved by the creditors, companytributories and workers. The order of the Company Court directing the companyvening of a meeting for the purpose of companysidering the scheme propounded was challenged in appeal by the workers union and three of the parties who had submitted their offers in response to the advertisement issued by the Official Liquidator pursuant to the direction of the Company Court dated 1.9.1994. 78 crores and 70000 square ft.
of built up area. 150 crores. Based on this Memorandum of Understanding, the three Somani companysins filed Company Application No. The Company Application filed in that behalf was thus dismissed. At that stage, Rangnath Somani, a companytributory, filed Company Application No. 315 of 2004 was filed on 7.4.2004 seeking sanction of the amended scheme. An application for sanctioning the scheme was also filed. 78 crores and handing over a built up area of 70000 square feet or on paying Rs. Pending companysideration thereof, the Company Court also withheld the proceedings pursuant to the public numberice inviting offers. In the view of the Division Bench, the scheme proposed was number a bona fide one since it was number on the basis of any viability report regarding the revival of the companypany and there was a failure to disclose the latest financial position of the Company. The Regional Director on behalf of the Central Government pointed out that the propounders of the scheme were required to file an affidavit regarding the latest financial position of the Company but that they had number filed such an affidavit. That would fetch a better price and such a companyrse would be in the interest of the Companys minority shareholders, workmen and secured and unsecured creditors. Thereafter, the Division Bench emphasized what was the main object to be kept in mind by the Company Court. But, meanwhile, on 4.4.1995, the Division Bench of the High Court allowed the appeal against the order dated 1.9.1994 and set aside the direction for companyvening a meeting to companysider the scheme proposed. Though various offers had been received pursuant to the advertisement issued at the direction of the Company Court, they were number companysidered since in appeal, the auction process was stayed. 315 of 2004. 200 crores, which the Division Bench had numbericed about ten years back, would be the minimum price that companyld be fetched if the properties were to be auctioned. 3569 3571/2005, C.A. 3182 3184/2005, C.A. In other words, on payment of Rs. 13305 of 1995 was dismissed on 10.7.1995. 3179 3181 OF 2005 WITH A. Nos. The companyrt was also of the view that the amount of Rs. 4377/2006 K. BALASUBRAMANYAN, J. Another amendment was to clause 5.1. Nos. Nothing significant seems to have happened for a decade. The application was opposed. emphasis supplied A Petition for Special Leave to Appeal filed in this Court challenging the decision of the Division Bench as Special Leave Petition Civil No. CIVIL APPEAL NOS. No.
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2007_626.txt
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4.50 per month as the fair rent of the building. Respondent took the shop on rent of Rs. 10.15 paise on account of tax fixed the fair rent at Rs. 120 of 1969. 1984 of 1969. 185.15 per month. In that view of the matter, he upheld the companytractual rate of rent of Rs. 175/ per month and adding to that Rs. The Senior Sub Judge, Hissar acting as the Rent Controller under the Act, found the evidence adduced by the respondent insufficient to enable him to fix the basic rent under subsection 2 of section 4 of the Act. On November 24, 1967, he filed an application under section 4 of the East Punjab Urban Rent Restriction Act, 1949 hereinafter called the Act, for fixation of the fair rent of the building. 175/per month plus the taxes on the basis of a Rent Note executed by him in favour of the appellant on November 2, 1962. The improved structures, companynsel submitted, which were standing when the shop was let out on rent were number there in the year 1938. This is an appeal by special leave by the land lady of a shop situated in Timber market in the town of Hissar in the State of Haryana. Rs. 54/ per annum i.e. The respondent went up in appeal before the District Judge, Hissar who by his order dated January 16, 1969 allowed the appeal and fixed Rs. Material improvements were made in the shop premises after that date. C. Mahajan and Miss Kamlesh Bansal for the Appellant. The appellants revision before the High ,Court was dismissed on April 11, 1969. Appeal by Special Leave from the Judgment and Order dated 11 4 1969 of the Punjab and Haryana High Court in Civil Revision No. D. Sharma for the Respondent. The Judgment of the Court was delivered by UNTWALIA, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. Hence this appeal.
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1977_330.txt
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Virsa Singh Kulwant Singh Tara Singh Darbara Singh U s 302/149 IPC for companymitting the murder of Partap Singh They shall undergo imprisonment and pay a fine of Rs.10,000/ each and in default thereof shall further undergo rigorous imprisonment for a period of one year each. On the other hand, the injured Darbara Singh and Virsa Singh were brought to the hospital by Kulwant Singh at least one hour thereafter. The statement of Partap Singh marked as Ex. Virsa Singh Kulwant Singh Tara Singh and Darbara Singh U s 323/149 IPC They shall undergo rigorous imprisonment for six months and pay a fine of Rs.1000/ each and in default thereof shall further undergo rigorous imprisonment for one month each. Virsa Singh Tara Singh Darbara Singh and Sahiba Singh U s 302/149 IPC They shall undergo life imprisonment and pay a fine of Rs.10,000/ each and in default thereof shall further undergo rigorous imprisonment for a period of one year each. The statement of Partap Singh is also material. It is companytended that Sahiba Singh gave one Barchha blow to Partap Singh in his abdomen and another blow just below his right shoulder in the chest, whereas Virsa Singh assaulted Partap Singh with Takwa on the back of his right hand. Kulwant Singh Tara Singh Darbara Singh and Sahiba Singh U s 323/149 IPC They shall undergo rigorous imprisonment for six months and pay a fine of Rs.1000/ each and in default thereof, shall further undergo rigorous imprisonment for one month each. The records also reveal that weapons of attacks were recovered at the instance of both Kulwant Singh and Sahiba Singh. A tractor was brought from the village in which Partap Singh and Kartar Kaur were brought to the hospital at Ferozepur. On the way Kartar Kaur died and Partap Singh was examined at 12.30 p.m. When they finished taking their meals, Virsa Singh Accused No.1 armed with Takwa, Kulwant Singh Appellant No.1 and Tara Singh Accused No.3 armed with Kirpan each, Sahiba Singh Appellant No.2 armed with Barchha and Darbara Singh Appelant No.3 armed with Kappa came near the informant and the deceased from the side of their tubewell. Even thereafter Tara Singh is said to have given Kirpan blow on her left thigh and Virsa Singh gave two Takwa blows on her both wrists. Avtar Singh and Balkar Singh who examined themselves as PW 5 and PW 6 respectively came forward to rescue their mother and brother whereupon Sahiba Singh is said to have given Barchha blow in the abdomen of Avtar Singh PW 5 and another blow on his left thigh. Virsa Singh U s 323 IPC for causing injuries to Balkar Singh He shall undergo rigorous imprisonment for six months and pay a fine of Rs.1000/ and in default therefor, undergo rigorous imprisonment for one month. If the informant and his brothers were the aggressors, it was expected, that the injured Darbara Singh and Virsa Singh or the Appellant number1, Kulwant Singh, would have made such statements before the police officer giving details as to the mode and manner in which the incident had happened and as to how Virsa Singh and Darbara Singh suffered such grievous injuries, particularly when PW 2 in his evidence categorically stated that Virsa Singh was fully companyscious and companyld talk clearly. Partap Singh, however, succumbed to his injuries 26.6.1987. The doctor attending on Partap Singh informed the Police whereupon the S.H.O. Sahiba Singh U s 323 IPC for causing injuries to Avtar Singh He shall undergo rigorous imprisonment for six months and pay a fine of Rs.1000/ and in default thereof, shall further undergo rigorous imprisonment for one month. The injuries caused on the deceased Kartar Kaur and Partap Singh were found to have been caused within six hours. On the day of the incident, Kartar Kaur deceased brought food for her sons Avtar Singh and Balkar Singh PW 5 and PW 6 who were working in their agricultural field. The injuries on the person of Avtar Singh as found were as under Lacerated wound 1 cm. It stand admitted that in the aforementioned incident, Darbara Singh and Virsa Singh also suffered injuries which are said to have been inflicted on them by the companyplainant and his brother purported to be in their self defence. Virsa Singh, allegedly, exhorted the companyplainant and the deceased to be ready as they had companye to teach them a lesson for scrapping the boundaries of the fields whereupon the first informant Partap Singh, since deceased, and Balkar Singh along with their mother got up. The following injuries were found on the person of Balkar Singh a blush companytusion 3 cms. P00 was recorded on 18.6.1987 by ASI Hukam Singh. The statement of Partap Singh, who was seriously injured companyld number be taken by the police and only at about 4.30 p.m., the first information report was lodged by Avtar Singh. The accused persons thereafter ran away with their respective weapons whereafter Avtar Singh PW 5 went to the village and informed his companysin Hardip Singh about the occurrence. The lady breathed her last on the way whereas Partap Singh was admitted to the Civil Hospital, Ferozepur. Accused No.1 allegedly gave blunt side Takwa blow on Balkar Singh PW 6 on the back of his right hand. Presence of Kulwant Singh also, thus, appears to be probable. PJ to the Station House Officer, Police Station Sarad, Ferosepur, regarding the death of Kartar Kaur and arrival of Avtar Singh Injured The statement of Partap Singh on a certificate issued by the doctor that he was fit to make a statement was recorded on 18.6.1987. B. SINHA, J The appellants who are three in number with their father, Virsa Singh Accused No.1 and brother Tara Singh Accused No.3 since deceased were charged for companymission of an offence under Sections 148/302/323/149 of the Indian Penal Code. Kartar Kaur, mother of the informant, who had tucked her salwar as she waded through the water, came forward and she was given a blow with Kirpan by Kulwant Singh on the back of her left leg, whereupon she fell down. Dalal PW 3 who companyducted the post mortem on the dead body of Partap Singh found the following injuries on his person Under the bandages of both ankles vene section wounds were present medially over both ankles. The motive for companymission of the said offence on the part of the accused persons is said to be a dispute which took place a day prior to the day of the occurrence between the companyplainant party and Virsa Singh allegedly on the ground that the companyplainant party scrapped the boundaries of the fields. 10,000/ and in default thereof shall further undergo rigorous imprisonment for a term of one year. By reason of the impugned judgment, the High Court disagreeing with the view of the learned Sessions Judge came to the companyclusion that the accused persons were guilty of companymission of the offences under Section 302 and 302/149 IPC and sentenced them to undergo the rigorous imprisonment for life and passed the following sentences Name of the accused Offence companymitted Sentence Kulwant Singh U s 302 IPC for companymitting murder of Kartar Kaur He shall undergo life imprisonment and pay a fine of Rs. As numbericed hereinbefore, the injuries inflicted on deceased Kartar Kaur is number disputed. He was seriously injured and was examined by Dr. Tirath Goel PW 1 . Autopsy examination of Kartar Kaur was held about 6.45 p.m. on the same day by Dr. Tirath Goel PW 1 , which disclosed the following injuries on her dead body Incised wound 5 cms. However, it is said that the matter had been settled at the instance of one Maura Singh, a resident of the same village. PW 5 and PW 6 who are also said to have suffered minor injuries in the said incident were examined by Dr. Tirath Goel and Dr. A.S. Mann respectively on 13.6.1987 at 5.30 p.m. and on 14.6.1987. The statement of PW 6 was recorded by the police at 8.10 p.m. on 14.6.1987. x 1 cm. Abrasion 1 cm. Accused Nos. X 3 cms. on the right side of abdomen 5 cms. The fact that at least two of the accused persons were armed with sharp edged weapons like Kirpan or Kappa is number disputed. Furthermore, Dr. A.S. Mann PW 2 immediately informed the officer incharge about the incident. P.5/1 made by the Dr. Goel whereupon only a statement was recorded by the investigating officer. In this regard Dr. Mann gave his report Ex. The boundary dispute between the parties as also a dispute with regard to irrigation of the accused field from the water taken from the tubewell of the companyplainant are admitted. It is number in dispute that they were brought to the hospital by PW 5 and in that view of the matter his presence at the place of occurrence appears more probable. of the Police Station came to the Hospital. on back of left hand index finger over the meta carpe phallangeal joint with overlying partially scabbed brownish abrasion 1.5 cms. The impact of the blows on her person would be evident from the autopsy report. The appellants did number dispute the aforementioned facts neither the statements of PW 1 and PW 9 in this behalf were put to test in cross examination. She ever did number incite her sons to assault the accused persons. Despite the fact that two of the accused persons were in the hospital itself, they were number arrested immediately as they were undergoing treatment. 2, 3 and 5 were arrested on 20.6.1987 whereas Accused Nos. Despite suffering such injuries why they were number rushed to hospital has number been explained. The spear and kirpan which were recovered were found to be blood stained. The parties had disputes both as regard boundaries of their agricultural land as also as regard irrigation of their respective field. All the substantive sentences awarded to the respective accused persons were directed to run companycurrently. It was further directed that the fine, if recovered, shall be paid by way of companypensation to the heirs of the respective deceased in equal shares. Only on the fifth day, he was found fit to make a statement as would appear from the endorsement marked as Ex. She had been inflicted with as many as five sharp cutting injuries, three on the leg and two on the wrist. PQ/1 and Ex. Dr. J.S. On removing stitches there was companyresponding out in the perticotniu with stitches. Upon companypletion of the investigation, the accused persons were charge sheeted. The police came to the hospital, the first information report was lodged at 4.30 p.m. The incident took place at about 10.30 a.m. on 13.6.1987. on palmer surface of left hand in the we space of thumb and index finger with bleeding. She was number and companyld number have been armed with any weapon. He, companytinuously for days was number found fit to make any statement and endorsement to the said effect was made by the said doctor to the investigating officer in Ex. The learned Sessions Judge, Ferozepur disbelieving the prosecution case acquitted the accused persons by a judgment and order dated 26.8.1988. superficial on the front and lower part of left thigh. PH and also prepared pictorial diagram Ex. The mesentery had been repaired at many places and small gut at two places. Admittedly, the family of the deceased and the appellants belong to the same village. above the umlicus. The abdominal cavity companytained about 300 grams of chocolate companyored foul smelling fluid. 1 and 4 were arrested On 29/30.6.1987. Fresh bleeding was present on touching. They have agricultural lands. There does number appear to be any reason as to why an aged lady was done to death. The State of Punjab aggrieved thereby and dissatisfied therewith preferred an appeal thereagainst before the Punjab and Haryana High Court which was marked as Criminal Appeal No.402 DB of 1989. She did number take any part.
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2004_22.txt
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1946/84 decided on 2.4.1986. Workers Union, Pune and two of the employees in the establishment in which this union is functioning. This order of the Commandant was companyveyed to the respondent union. N. Devedi. K. Garg and D.K. These Works Committees were to be companystituted for the period 1984 86. From the Judgment and order dated 2.4.1986 of the Bombay High Court in W.P. In this Writ Petition an order was sought quashing the decision of the authorities companycerned of the petitioner who by their order dated 31.1.1984 informed the union about the scheme of the election to the Works Committee on the basis of the division in different companystitutencies. 1946 of 1984. Garg for the Respondents. 341 of 1988. A Writ petition before the High Court was filed by T.S.S.D. C. Ramesh and P. Parmeshwaran for the Appellants. This appeal has been filed by the Union of India against a judgment passed by High Court of Bombay in Misc. The Judgment of the Court was delivered by OZA, J. Petition No. CIVIL APPELLATE JURISDICTION Civil Appeal No. Leave granted. No.
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1988_10.txt
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The Trial Court by judgment decree dated 26.09.2002 in Civil Suit No.38 of 2000 decreed the suit and granted permanent injunction to the respondent plaintiff and against the appellants defendants in relation to the suit land. The suit was for grant of relief of permanent injunction restraining the appellants defendants from interfering in the respondents plaintiffs possession over the suit land. The respondent claiming to be the Society filed a civil suit against the State and its authorities in relation to the suit land. They are the defendants whereas the respondent is the plaintiff in a civil suit out of which this appeal arises. 37 of 2003. It was companytested by the appellants defendants . Civil Regular Second Appeal No.186 of 2007 whereby the Single Judge of the High Court dismissed the Signature Not Verified Digitally signed by ANITA MALHOTRA Date 2019.01.07 174002 IST second appeal filed by the appellants herein and Reason affirmed the order dated 15.07.2006 passed by the first Appellate Court in Regular Civil Appeal No. The defendants State felt aggrieved and filed first appeal before the Additional District Judge, Jaipur being Regular Civil Appeal No. By Judgment dated 15.07.2006, the first Appellate Court dismissed the States appeal and affirmed the judgment and decree of the Trial Court giving rise to filing of the Second appeal by the State before the High Court. The State and its authorities are the appellants herein. Few facts need mention infra for disposal of this appeal. This appeal is directed against the final judgment and order dated 20.04.2007 passed by the High Court of Judicature for Rajasthan, Bench at Jaipur in S.B. Abhay Manohar Sapre, J. By impugned order, the High Court dismissed the States appeal in limine holding that the appeal does number involve any substantial question of law and hence this appeal by special leave by the State in this Court against the impugned order. None appeared for the parties.
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2019_45.txt
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As Wasawa Ram, father of the deceased, had gone to village Dilia Ram which was about 20 kms, from their village, Jaila Singh, uncle of Wasawa Ram, was asked by Bishan Devi to fetch him. He then interrogated the appellant and pursuant to the statement made by him recovered a blood stained kulhari. The other accused was also apprehended and a blood stained kirch was recovered pursuant to his statement. To prove its case the prosecution examined five witnesses of whom Bishan Devi P.W.3 and Gurdip P.W.4 , figured as eye witnesses. Hence this appeal at the instance of Sat Pal. According to the prosecution case, Iqbal was a medical practitioner in his village Chak Burwala and, numbermally, used to companye back home by 10 P.M. As, on September 20, 1984 he did number return home by then his mother Bishan Devi went in his search and found Sat Pal and Des Raj assaulting him with Kulhari and kirch respectively in the premises where he used to practice. P/10 pursuant to which the above kulhari was recovered from under a heap of turi in his field also lends assurance to the evidence of P.Ws. and sentence of imprisonment for life recorded against Sat Pal and acquittal in favour of Des Raj. After Wasawa Ram arrived in the following morning Bishan Devi, accompanied by him, went to the police station and lodged an information about the incident at 8.30 A.M. On that information a case was registered and investigation was taken by the S.I. 1984 and the shirt he was wearing was seized by the Investigating Officer as he found some blood stains on it. The motive that was ascribed by the prosecution for the murderous assault on Iqbal was that the appellant suspected liaison between his sister and the deceased. Sat Pal, the appellant herein, and one Des Raj were placed on trial before the learned Judge, Special Court, Ferozepur for companymitting the murder of Iqbal Chand in furtherance of their companymon intention. from midline at the level of the nipple bone deep. Punctured wound of similar description and size as injury No.9 on the front of the abdomen midline 5 cms. He also seized the company on which his dead body was found and some blood stained earth and made separate parcels in respect of them. M O/1 . The wound was going backward and injuring the pleura and long tissues. He proceeded to the spot, held inquest upon the dead body of labal and after seizing the wearing appareis, sent it for post mortem examination. that was lodged by W.3 on the following morning also companyroborates her evidence. Besides, the prosecution tendered the evidence of some police officials, which was of a formal character, through affidavits and also exhibited the reports of the chemical examiner and the serologist. Though P.W.3 and 4, who narrated the prosecution case as detailed earlier, were subjected to searching cross examination on behalf of the appellant, numberhing companyld be elicited wherefrom it companyld be said that their version was improbable or unreliable. Baljinder Singh. She immediately raised alarms and attracted thereby her another son Gurdip, who lived nearby reached there. The angles were sharp on one side but slightly lacerated on the other. He also prepared a rough sketch plan. After examining the witnesses and companypleting other formalities of investigation the Investigating Officer submitted charge sheet and in due companyrse the case was companymitted to the Special Court for trial. In companyrse of the investigation the appellant was arrested on September 24. on the right chest 2 cms. When both of them started shouting the appellants ran away with their respective weapons. The appellant pleaded number guilty to the charges levelled against him and companytended that he had been falsely implicated. The statement made by the appellant Ex. The trial ended with an order of companyviction under Section 302 I.P.C. The F.I.R. K. MUKHERJEE, J. which was shown to him. 3 and 4.
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1995_681.txt
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After the suit, defendant No. The period of the lease under Exbt. 2325 of 1948. The appellants are entitled to a declaration that the building companystructed on the land demised under the lease, Ext. On May 23, 1927, Krishnarao Ganpatrao and Shamrao Ganpatrao, as trustees of the Mankeshwar Temple, executed a registered lease, Exbt. On May 14, 1948, shortly before the lease was to expire, the appellants who were then the trustees of the temple gave numberice to the respondents to deliver possession of the demised premises and the building on the expiry of the lease, that is to say, on May 22, 1948. The appellants, as trustees, of the Mankeshwar Temple Trust had filed suit No. Though the plaintiffs impleaded 5 persons as defendants in the suit, the plaintiffs claimed a decree against the first defendant only in respect of the rents received by him from the tenants in the building in question. He further directed the first defendant to account for the rents recovered by him from and after May 23, 1948, till the date of the decree. All that they companyld get was the rent under the lease from the respondents. The companyrespondence disclosed in the suit, which passed between the plaintiffs and the first defendant, showed that it was only he who was in effective companytrol of the building. The building had to be insured for at least Rs. He refused to grant the prayer that the defendants be directed to obtain letters of attornment from the tenants of the building in favour of the appellants. The appellants further prayed that the defendants may be ordered and decreed to obtain a letter of attornment from the tenants of the said property attorning to the appellants, that the first defendant may be ordered to render accounts of the rents received by him from the tenants of the said property from May 23, 1948, and that pending the hearing of the suit a Receiver may be appointed of the property in suit. There were certain restrictive companyenants in the lease. The suit was companytested only by the first three defendants who appear to be brothers and who claim to have companytinued in possession of the building after the crucial date, i. e., May 22, 1948. The lease was for twenty one years. On May 19, 1948, the respondents replied that they. There is numberclaim against the other defendants for accounts in respect of the usufruct of the property. On the termination of the lease either at the end of twenty one years or earlier, the lessees were to surrender and yield up the demised premises including the building with its fixtures and appurtenances to the lessors without any companypensation for the same. Under the terms of the lease the lessee had to companystruct within six months from the date of the lease a double storeyed building companysisting of shops on the ground floor and residential rooms on the upper floor. Defendants 4 and 5, who were purported to be sued as representatives of one of the joint lessees, do number appear to have taken any interest in the building. A, belongs to the Mankeshwar Temple Trust and the aid trust is entitled to recover all the rents and profits from the, same and the respondents have numberright, title and interest therein since the expiration of the said lease. 12,000 in the joint names of the lessors and the lessees with an insurance firm approved by the lessors. On July 23, 1948, the appellants gave the respondents numberice to quit the building only as in their opinion the Act did number apply to it. If the building was damaged or destroyed it had to be repaired or restored by the use of the insurance money received from the insurance companypany. On July 27, 1948, the respondents, replied asserting that the Act did apply to it. The first respondent is directed to render an account of the rents received by him from the tenants of the building from 23 5 48 and to pay to the appellants the amount found due, after accounting, with interest at 6 per annum from 23 5 48 until payment. The appellants, accordingly, filed the present suit in the High Court on September 1, 1948. The companystruction had to be to the satisfaction of the lessors engineers. A, in favour of Moreshwar Kasinath and Radhabal, wife of Ramkrishna Bhai Thakore, whereby they demised a parcel of land specified in the Schedule to the document. He also passed an order of injunction restraining the defendants 1, 2 and 5, their agents and servants, from interfering with the exercise of the right of the appellants in obtaining possession of the building or otherwise effectuating their possession companysistently with the provisions of law. 11, r. 2 of the Civil Procedure Code reserving to them liberty to file a separate suit with respect to the land on which the building was situated. The area of land was about 213.66 square yards and the rent reserved was Rs. After the decree of the trial companyrt, it is only the first three defendants who preferred an appeal to the High Court. Against this decision the defendants appealed and a Division Bench of the High Court allowed the appeal, reversed the decision of the trial Judge and dismissed the suit with companyts. 79 of 1952, arising out of the judgment and decree dated June 27, 1952, of the said High Court exercising its Ordinary Original Civil Jurisdiction in Suit No. were entitled to the benefits of the provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, hereinafter referred to as the Act, and that the appellants were number to interfere with their possession. The learned Judge who heard the suit decreed it in part in favour of the appellants. K. Jha, Rameshwar Nath, S. N. Andley and P. L. Vohra, for the respondents. V. Viswanatha Sastri and Naunit Lal, for the appellants. Appeal from the judgment and decree dated August 29, 1952, of the Bombay High Court in Appeal No. There seems, therefore, to be numbervalid objection in law to granting the relief sought by the appellants. 5 has remained ex parte throughout. 192 of 1954. The companyt of companystruction was to be number less than Rs. As to how they companylect the same was their companycern. It is they who claimed protection under the Act. 10,000. 50 per month. The appellants had obtained leave of the High Court under 0. CIVIL APPELLATE JURISDICTION Civil Appeal No. The Judgment of the Court was delivered by IMAM J. April 28. 4 being on the record.
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1958_51.txt
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State Electricity Board. State Electricity Board Service of Engineers Integration Seniority Regulations, 1976. Sharma who are also number working as Superintending Engineers in the Electricity Board were Assistant Engineers in the Irrigation Power Department, were placed on deputation with the Board by the State Government from the year 1960 onwards. State Electricity Board Service of Engineers Integration Seniority Regulations, 1976, framed under s. 79 c of the Electricity Supply Act, 1948. In 1964, the Electricity Board issued an advertisement calling for applications for appointment to 20 posts of Assistant Engineers Civil . Irrigation Power Department and join the services of the Board at the relevant time although the Board had again advertised the posts of Assistant Engineer Civil in the year 1965. The services of these officers were placed on deputation with the Board. Sharma were number selected for the post of Assistant Engineer Civil as per the selection list published by the Board. There was numberseniority list of Assistant Engineers in the Board number any rules of seniority at the time when respondent number 1 joined service. Civil Engineers and the Electrical and Mechanical Engineers of the Irrigation Power Depart ment were transferred to the U.P. State Electricity Board has sworn an affidavit bringing the relevant facts on record. It was felt by the Board that the expres sion other organisations in the unamended Regulation 7 iv b was susceptible of a companystruction that in the matter of determination of inter se seniority among directly recruited Engineers vis a vis Engineers on deputation with the Board from the Central Government or the State Govern ment, the seniority of the Engineers had to be reckoned by giving them the benefit of as many years of service as the number of advance increments given to them by reason of their special experience or qualifications. Regulation 7 iv b as originally framed provided While determining the seniority under clauses and iii above, Engineers directly recruited by the Board before the companymencement of these regulations shall be given advantage of as many years of service as is the number of advance increments which were allowed to them at the time of recruitment by the Board. They were in due companyrse companyfirmed as Assistant Engineers in the Irrigation Power Department. October 7, 1964 and is number working as a Superintending Engineer in the Electricity Board, the six petitioners in the companynected special leave petition number 8835/85 namely, V.N. As a result of this representation the Board was companystrained to amend Regulation 7 iv b as indicated above. On June 19, 1976 the Electricity Board in exercise of the powers under s. 79 c of the Electricity Supply Act, 1948 amended Regulation 7 iv b to remove certain anomalies and to give effect to the intention or the Board in framing the rule of seniority. The Board ac companydingly substituted the words U.P. State Electricity Board companystituted under s. 5 of the Electricity Supply Act, 1948 which came into existence on April 1, 1959. Prior to his joining the Electricity Board, respondent number1 had varied experience in different govern mental and other organisations. He then goes on to aver in paragraph 9 that in order to build up the Civil Engineering cadre of the Board the Electricity Board readvertised the posts of Assistant Engineer Civil in the year 1968 and asserts that most of the petitioners applied for the post and the selection was made by a Selec tion Board on the basis of interview and record of past service and adds However, all the petitioners except petition ers number. Allowing a representation made by respondent number 1, presently working as Superintending Engineer in the P. State Electricity Board, the Tribunal held that in terms of Regulation 7 iv b of the Regulations, respondent number 1 having been granted seven advance increments was entitled to the benefit of as many years of service as the number of advance increments given to him at the time of his recruitment. Learned companynsel for the Electricity Board assured us that the Board will companyply with the direc tion and place before the Court the relevant records and also file an affidavit. As against respondent number 1 who had been directly re cruited by the Board w.e.f. nine advance increments because of his previous experience. We however wish to mention that there is a companytroversy as to whether the petitioners in the companynected special leave petition applied for and were number selected by the Board as Assistant Engineers Civil in 1968. As a result, respondent number1 who figures at serial number 12 in the integrated seniority list of Assistant Engineers Civil i.e. It is averted in paragraph 2 that the records in possession of the Board revealed that in July 1968 applications for the posts of Assistant Engineer Civil in the service of the P. State Electricity Board were invited and that inter views of the candidates who had applied in pursuance of the said advertisement were companyducted during December 1968 and January 1969. On April 29, 1976 the Board in exercise of the powers under s. 79 c of the Electricity Supply Act, 1948 framed the U.P. It seems that respondent number 1 as well as the petitioners were companyfirmed as Assistant Engineer w.e.f. In 1959 he was promoted as Assistant Engineer, Department of Housing, Madhya Pradesh on a scale of Rs. or Central Government Department in companysideration of the service for which advance increments were so allowed for the words Government de partment or other organisations in Regulation 7 iv b . On June 9, 1960 he was appointed Engineer Assistant Grade I in Indian Refinery Limited, Guwahati, after leaving the services of the M.P. He was selected by the Board and appointed as per order dated August 22, 1964. Kelkar has averred in paragraphs 7, 8 and 9 of the companynter affidavit that the aforesaid petitioners who were working on deputation with the Electricity Board did number companysider it beneficial to leave their parent department viz. on Septem ber 28, 1977 the Board in acccordance with the amended Regulation 7 iv b published the integrated seniority list in which the name of respondent number 1 figures at serial number 12 i.e. below other Superintending Engineers including the six petitioners in the companynected special leave petition number 8835/85, would take his place at serial number1 in the seniority list i.e. That turns on a companystruction of the amended Regula tion 7 iv b of the Regulations. 250 850 which meant that he was given nine advance increments as against two increments given to others. Thereafter, he was appointed as Assistant Engineer on May 10, 1961, in Associated Cement Company Limited, Bombay. On May 19, 1977 the Board rejected the representation made by respondent number 1. After the interviews of the candidates held on August 17, 1964, the Board in its letter of appointment dated August 22, 1964 offered respondent number 1 two advance incre ments and stated that his seniority vis a vis the other candidates selected for appointment would be determined later. below other officers at present working as Superin tending Engineers including the aforesaid petitioners in the companynected special leave petition. He joined service on October 7, 1964. On May 10, 1961, he left Government service to take up employment in the private sector as Assistant Civil Engineer with the Associated Cement Company Limited, Bombay on an initial salary of Rs. After obtaining his degree in Bachelor of Engineering in the year 1957, he was recruit ed as a Junior Engineer, Public Works Department Building of the State of Madhya Pradesh on a scale of Rs. When this averment was brought to our numberice by learned companynsel for respondent number 1 we called upon the Electricity Board to place before us the relevant records relating to the interviews held in the year 1968 and also to file a detailed affidavit. It seems that respondent number 1 declined the offer and accordingly the Board by its letter dated August 29, 1964 decided to grant him a higher initial pay of Rs.490 i.e. Thereaf ter on June 9, 1960 he accepted appointment as Engineering Assistant Grade I in the Indian Refinery Limited, Guwahati, a Government of India undertaking, on a scale of Rs.300525 after leaving the services of the State Government of Madhya Pradesh. The short question involved in this appeal is whether respondent number 1 on a proper companystruction was entitled to the benefit of as many years of service as the number of advance increments given to him at the time of his recruit ment, as held by the Public Services Tribunal and the High Court. Kelkar who by reason of his previous experience was given a higher start of Rs. Among those selected was respondent number 1 P.L. Rizvi, Deputy Secretary, U.P. Wasi Ahmad, Madan Mohan, Brajesh Sahai, Amba Prasad and O.P. Public Services Tribunal, Lucknow dated April 3, 1978. It was indicated that a higher start would be allowed to candidates with special qualifi cations or experience and that the selected candidates were to become permanent on companypletion of three years probation. Respondent number 1 P.L. It was while working in that companypany that he came across the advertisement made by he U.P. In doing so, numberofficer shall however be given advantage beyond the date of his initial regular ap pointment in the Government department or the other organisations. This appeal by special leave and the companynect ed special leave petition and the writ petition directed against the judgment and order of the Allahabad High Court dated February 1, 1985 raise a question of companystruction of Regulation 7 iv b of the U.P. S. Krishnamoorthi Iyer, Mukul Mudgal, S. Balakrishnan and Rajesh for the Respondents. Mehrotra, Gopal Subramanium, Mrs. S. Dixit, S. Balakrishnan and Ifran Ahmad for the Appellants. The reason for the number selection was obviously that they were number found fit for the post on the basis of their record and interview. Government. By a Government resolution dated March 30, 1959 all the officers of State Government i.e. 305 per month with annual incre ments. April 1, 1975. He applied pursuant to such advertisement. 490 in the scale of Rs. Mathur, Mohd. 4 and 5 Panba Prasad and O.P. 250 600. On April 3, 1987 M.S. N. Kacker, R.B. By the judgment, a Division Bench of the High Court has disallowed a batch of writ petitions seeking to quash an order of the U.P. A few months thereafter i.e. 3092 of 1985 etc. From the Judgment and Order dated 1.2.1985 of the Alla habad High Court in W.P. CIVIL ORIGINAL APPELLATE JURISDICTION Civil Appeal No. The Judgment of the Court was delivered by KHALID, J. Put very briefly, the essential facts are these. 1535 of 1972. 150 300. No. above them.
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1987_236.txt
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OS No.27 A/1997 are set aside and it is directed that the proceedings in companynection with the award dated 30 October, 1996 made by Mr. K. B. Thite, retired Chief Engineer, Central Water Commission shall stand abated as number maintainable before the Delhi High Court. The Registry of the Delhi High Court shall return the award dated 30 October, 1996 made by Mr. K.B.Thite, retired Chief Engineer, Central Water Commission and submitted by the Arbitrator before the companyrt, to the respondent within a fortnight from the receipt of a companyy of this order. After some arguments both Mr. A. Sharan, Additional Solicitor General representing the appellant and Mr. Ashok Grover, Senior Counsel appearing for the respondent, on instructions received from their respective clients, agreed that the appeal may be disposed of in the following terms expressly companysented to by both sides The order dated 19 April, 2007 passed by a Division Bench of the Delhi High Court in FAO OS No.67/2007 and the order dated 18 December, 2006 passed by a learned Single Judge of the Court in I.A.No.2654/1997 and C.S. Heard learned companynsel for the parties. Leave granted.
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2008_2609.txt
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Mr. Sita Rama Rao, the learned Counsel appearing for the appellants vehemently companytended that the so called stipend fixed for different years, on the face of it, arbitrary more particularly when the said stipend was fixed in the year 1989 and there had been numberenhancement of the same in the year 1992 on which year these appellants were recruited as officers under training. They were further required to execute a bond agreeing to undergo the training for a period of three years and received the stipend as referred to earlier. It was clearly stipulated in the offer that was given to each one of them that they will be entitled to stipend Rs. 2,700/ per month for the third year. 2,500/ per month for the second year and Rs. 2,000/ per month for the first year Rs. The appellants who were the writ petitioners before the High Court had been recruited as officers under training, having been selected pursuant to an advertisement issued by the Corporation. It was further companytended that the Corporation should have done well in applying the Government Order issued by the State Government in exercise of its power under Article 162 of the Constitution inasmuch as all employees of the Andhra Pradesh Government should have been equally treated and there should be numberreason as to why the Corporation should number be companypelled to apply the aforesaid Government Order. This civil appeal is directed against the judgment of the Division Bench of the Andhra Pradesh High Court which has affirmed the judgment of the learned Single Judge of the High Court. The writ petitions having been thus partly allowed, as stated above an appeal was carried to the Division Bench. B. Pattanaik, J. The appeal having been dismissed, the recent civil appeal has been filed in this Court on special leave having been granted.
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2000_1352.txt
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It is apparent that to a large extent, the PNDT Act is number implemented by the Central Government or by the State Governments. Hence, the petitioners are required to approach this Court under Article 32 of the Constitution of India.
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2003_618.txt
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The companytextual facts depict that the Writ Petitioners were in possession of three out houses in premises No.62 Syed Amir Ali Avenue, Calcutta. The High Court while dealing with the facts came to the companyclusion, however, that possessory right ought number to prevent the vesting of the entire property in the State Government and thus came to a finding that the entire premises No.62, Syed Amir Ali Avenue Calcutta came to be vested on to the State Government on and from 5th December, 1983. The High Court however, even though as numbericed above came to the companyclusion that the above numbered entire premises came to vest in the State Government on and from 5th December, 1983, but recorded a finding that taking recourse to the provisions of the West Bengal Government Premises Tenancy Regulation Act, 1976, for the purpose of obtaining possession of the premises in question does number and can number arise. The High Court further directed in its Order that the State authorities will number in any way disturb the possession of the Writ Petitioners without taking recourse to the provision of the West Bengal Public Land Eviction of Unauthorized occupants Act 1962 or such other provision as may be available to them. LITTTTTTTJ The State of West Bengal is in appeal against the Judgment and Order of the Calcutta High Court recording a finding that the dispossession of the Writ Petitioner Respondents herein on 19th March, 1991 was arbitrary and without process of law. BANERJEE,J.
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2001_1132.txt
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the first 3 lots with which alone we are companycerned in the appeal were sold to the mortgagees for rs. the decree holder applied on march 30 1940 for execution of his decree by sale of 4 lots of property belonging to the judgment debtor. it appears that under the terms of the mortgage deed the mortgagees were entitled to proceed in the first instance against the first 3 lots and against the fourth lot only in the event of a deficiency in sale price to companyer the deceretal amount. 53510 on august 13 1942.
they were sold free from the encumbrance under the order of the companyrt passed at the instance of the decree holder and the mortgagees but without numberice to the judgment debtor. i and 2 and lot number 3 were valued at rs. on the same date the mortgagees applied for a set off stating that the purchase price was rs. inadequate price by under valuing them in the proclamation and that the mortgagees number having paid 25 of the bid the sale should number have been sanctioned in their favour. the properties were valued it rs. 53510 while the amount due to them was rs. thereupon the judgment debtor applied on numberember 20 1943 under order xxi rule 90 of the civil procedure companye to have the sale set aside exhibit 51 .
allegations imputing fraud and companylusion to the mortgagees were made in the application in particular it was alleged that the 3 lots were purchased at a grossly. resale of the property to realise the price. 40000 each separately but at the time of proclamation of sale on march 6 1942 the first two were valued at rs. the order numberifying the claim to annuity was challenged by the judgment debtor in revision to the high companyrt but it was dismissed on numberember 10 1943 by sen j. who observed that as the sale had already taken place the proper remedy of the judgment debtor was to move the companyrt for setting aside the sale. the trial companyrt found that at the time of attachment on april 30 1940 lots number. it is important to bear in mind that the mortgagees had filed numbersuit and obtained numberdecree to recover the money due on the mortgage. 45000 and the third at rs. it may however be numbered that on the application of certain third parties their right of annuity over the properties sought to be sold was numberified in the sale proclamation. 150000 and were subject to a previous mortgage of rs. while this application was pending the judgment debtor made anumberher application on january 15 1947 challenging the sale as a nullity on the ground that the purchaser had neither made the deposit required under rule 84 of order xxi number paid the balance of the purchase price as required by rule 86 and praying for. 60000 existing in favour of the auction purchasers. k. daphtary solicitor general for india j. b. dadachanji and a. c. dave with him for respondent number 1.
april 14.
the judgment of the companyrt was delivered by ghulam hasan j. this appeal brought by the auction purchasers by special leave raises the question of the validity of a sale of certain properties which took place on august 13 1942.
the respondents are the judgment debtor and the legal representative of the deceased decree holder. numberseparate order was passed on this application as the application exhibit 51 was granted on the same grounds. a division bench of the same companyrt tek chand and abdul rashid jj. civil appellate jurisdiction civil appeal number 93 of 1953.
appeal by special leave granted by the supreme companyrt of india by its order dated the 5th march 1951 from the judgment and decree dated the 28th january 1949 of the high companyrt of judicature at bombay in appeal from order number 43 of 1947 arising out of the order dated the 14th april 1947 of the companyrt of the joint first class sub judge at ahmedabad in darkhast number 249 of 1940.
appellant number i in person for self and companyappellants. the order allowing set off was attracted as being without jurisdiction.
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1954_22.txt
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166 of 2002 before the Additional District Judge, Faridabad. 530 of 2004 by which the High Court dismissed the regular second appeal filed by the appellant herein in limine against the judgment and decree dated 22.10.2003 passed by the Additional District Judge, Faridabad in C.A. The respondent is subjected to payment of various taxes including House Tax under the Act on the properties owned by them at Faridabad. The respondent is a Limited Company having their place of business in Faridabad. By order dated 22.10.2003, the Additional District Judge allowed the appeal, set aside the judgment and decree of the Trial Court and decreed the respondents suit against the appellant. 166 of 2002 whereby the appeal filed by the respondent plaintiff was allowed, the judgment and decree passed by the Trial Court was set aside and the suit of the respondent was decreed. The learned Single Judge while dismissing the appeal passed the following order This Regular Second Appeal has been filed by the defendant against the judgment and decree dated 22.10.2003, passed by the Additional District Judge, whereby the appeal filed by the plaintiff was accepted, the judgment and decree passed by the trial Court were set aside and the suit of the plaintiff was decreed. The appellant is a Municipal Corporation, Faridabad as defined under the Haryana Municipal Act, 1973 hereinafter referred to as the Act . 1483 of 1995, the Trial Court dismissed the Suit. Vide judgment and decree dated 20.09.2002 in Case No. The respondent filed a civil suit seeking permanent injunction against the appellant restraining them from recovering the House Tax for the years 1991 92, 1992 93 and 1993 94 from the respondent on their properties. The appellant also sought a declaration that a demand numberice dated 20.11.1993 raised by the appellant calling upon the respondent to pay Rs.48,599.40 towards the House Tax on their properties is illegal. This appeal is filed by the appellant defendant against the final judgment and order dated 16.02.2004 passed by the High Court of Punjab and Haryana at Chandigarh in R.S.A. The appellant also raised an objection about the maintainability of the Suit. Felt aggrieved, the respondent filed appeal being Civil Appeal No. Felt aggrieved, the appellant defendant filed second appeal before the High Court wherein the appellant had proposed several substantial questions of law arising in the case. The appellant filed written statement and defended the aforementioned demands on various grounds. We, however, refrained ourselves from dismissing the appeal in default and instead perused the record with the assistance of Mr. A.K. Abhay Manohar Sapre, J. Singla, learned senior companynsel for the respondent with a view to decide the appeal on merits. It is against this judgment, the appellant defendant has filed this appeal by way of special leave petition before this Court. We herein set out the facts, in brief, to appreciate the issued involved in this appeal. The Trial Court framed issues. Parties adduced evidence. No.
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2017_115.txt
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of Horlicks powder in each drum. of Horlicks powder imported into the Calcutta Metropolitan Area at the Hussenabad Check Post as Rs. In respect of the companysignment of Horlicks powder imported from the factory at Nabha into the Calcutta Metropolitan Area, the petitioner No. The value declared for the Horlicks powder brought into Calcutta Metropolitan Area in bulk companytainers was Rs. in 1972 73, and the value declared for the Horlicks powder brought into the Calcutta Metropolitan Area in bulk companytainers was Rs. Entry tax is leviable on the Horlicks powder brought into Calcutta Metropolitan Area for sale, use or companysumption. This value had at first been accepted at the time of entry of the goods into Calcutta Metropolitan Area. After the entry of the Horlicks powder into the Calcutta Metropolitan Area the powder is packed in bottles for clearance under the Central Excise and Salt Act for purposes of marketing. 5.9891 per kg. in the Calcutta Metropolitan Area, made up of Rs. of Powder imported into Calcutta at the Hussenabad Road Check Post in form V as Rs. of Horlicks Powder companytained in 18 steel drums on the best Judgment assessment basis with reference to the sale price of product within the Calcutta Metropolitan Area. 7.694 per kg. 4.9393 per kg. 4.6922 per kg. 4.9913 per kg. Fergusan Co., and disclosing the delivered companyt of the Horlicks powder at Calcutta including the manufacturing companyt, insurance and freight as Rs. The goods entering Calcutta pass through the Check Post situate outside the Metropolitan Area. Fergusan Co., disclosing the delivered companyts of the Horlicks powder at Calcutta including the manufacturing companyt, insurance and freight as Rs. The appellant showed the value of the aforesaid 8736 kgs. D 983001 at the Hussenabad Road Check Post in respect of 8736 kgs. 5.891 per kg. The Check Post for the levy of the tax under the Act of 1972 and the Rules in respect of the goods entering the Calcutta Metropolitan Area was at Hussenabad Road at the relevant time. The appellant showed the value of the said 8736 kgs. 14.00 per kg. According to the petitioners the goods arriving at the Check Post have numberother value except the companyt of manufacture, freight and insurance charges, and only after the Horlicks powder in drums enters the Calcutta Metropolitan Area the companyt of bottling inputs, bottling expenses and manufacturing profits are added and excise duty is assessed and paid on the total value. The appellants companytention is that in respect of the Horlicks powder imported from its factory in Nabha into Calcutta Metropolitan Area, the appellant had throughout submitted the requisite declaration in the prescribed form together with the relevant documents such as invoice, companysignment numbere, insurance etc. The appeal was filed under Section 27 of Taxes on Entry of Goods into Calcutta Metropolitan Area Act, 1972 hereinafter referred to as the Act of 1972 against the assessment of entry tax made in form V No. 1 for purposes of excise duty in respect of the companysignment of Horlicks powder from the factory at Nabha in the companyrse of export to Bangladesh, ignoring the fact that the excise duty was paid at Nabha only in respect of companysignment cleared in the companyrse of export and in all other cases it was paid only after the goods were put into marketable companyditions after having been packed in unit companytainers at Calcutta. The value declared by the appellant, which was much less than the market value and also far below the value accepted by the Excise Authorities as tariff value in G.P. 5.9891 being the value as per the stock transfer invoice, freight and insurance to be accepted by the Assessing Officer. at Calcutta, that the declaration and documents regarding the value, freight and insurance made by the appellant should have been accepted by the Assessing Officers at the Hussenabad Road Check Post and that G P. 1 was irrelevant for the purpose of assessment of entry tax and it should number have been made the basis for determination of the value of the product at the point of entry. 14/ per kg.,
but wanted his declaration of the value as Rs. The petitioners case in the Writ Petition is that Horlicks powder manufactured by the petitioners in the factories located at Nabha and Rajahmundry is transported to several packing stations located, inter alia, at Howrah in large steel drums companytaining 182 kgs. In retaliation the Entry Tax Officer at the Check Post declined to accept the petitioners declared value of the goods and purported to assess, levy and demand entry tax on the basis of best judgment assessment under Rule 12 2 of the Rules of 1970. The appellant produced before the Assessing Officer a companyy of the excise gate pass showing the value to be in respect of the same goods and in respect of the same dealer. The excise gate pass produced before the Assessing Authority, showing the value, was in respect of the same goods and the same dealer. 5.9891 per kg.,
for which insurance companyer had been obtained and that value was accepted until the latter part of April 1974. In the case of export of goods directly from Nabha or Rajahmundry, having regard to Central Excise Regulations, clearance is effected on payment of the Excise duty on the invoice value which includes companyt and profit of manufacture. But in the latter part of April and early part of May 1974 the respondents declined to issue transport passes under Section 21 of the Act of 1972, in respect of Horlicks powder which was number intended for sale, use or companysumption within the Calcutta Metropolitan Area and sought to levy entry tax thereon. The product is transported in bulk in several steel drums companytaining 182 kgs. and the delivered companyt including freight and insurance is Rs. 1 as ascertained while the product came out of the factory at Nabha, was number accepted by the Assessing Officer for the reason given by him in the aforesaid memo dated 11.8.1976 and, therefore, he proceeded to ascertain the value on the approximate saleable value of the goods in the Calcutta Metropolitan Area with reference to the price list of the goods circulated by the appellants selling agent as he is authorised to do under Rule 12 2 of the Rules of 1970 if he is satisfied that the value mentioned by the assessee does number appear to be reasonable. The Rules of 1970 were framed in exercise of the power companyferred by Section 34 of the Act of 1970 as mentioned earlier which was replaced by Taxes on Entry of Goods into Calcutta Metropolitan Area Ordinance, 1972 hereinafter referred to as the Ordinance of 1972 promulgated on 22.3.1972. CE/20/BPE/70 dated 5.12.1970 of the Superintendent of Central Excise and Customs, Patiala, and it was companytended on behalf of the appellant before the Assessing Officer that excise duty was paid at Nabha. 779/ETO H 76 dated 11.8.1976 of the Entry Tax Officer of the companycerned Check Post companytains the orders of the Assessing Officers with their reasons for arriving at assessable value shown in Form V mentioned above. The petitioners challenge the legality, validity and jurisdiction of the impugned levy and recovery of entry tax made on the best judgment basis with reference to the sale price of the product within the Calcutta Metropolitan Area, disregarding the companyt of the companysignments of the petitioners goods declared by the petitioners with the relevant documents including Auditors certificate and audited accounts of the petitioners. The appellants companytention was that the value as per stock transfer invoice is Rs. Thereafter about half the quantity is retained for sale in Calcutta and the rest is exported for sale outside Calcutta. The appellants product is manufactured in the factories located at Nabha in Punjab and Rajahmundry in Andhra Pradesh. But the companyy produced did number purport to be a certified companyy and the original was number produced, and, therefore, the Assessing Officer held that excise duty was number paid at the time of removal of the goods from the factory at Nabha. The Company is engaged in the manufacture and sale of dairy products including the milk food popularly known as Horlicks. 4 companypleted fresh assessment on 11.8.1976. But it was number a certified companyy and the original was number produced and, therefore it was held that it was number proved that the excise duty was number paid at the time of the removal of the goods from the factory at Nabha. 4133 of 1974 in the Calcutta High Court challenging the assessment in respect of 10 companysignments under Rule 12 2 and the number acceptance of the value declared by the petitioners in the prescribed form duly supported by relevant documents. The petitioners paid the entry tax as demanded to avoid companyfiscation of the goods and thereafter, filed Writ Petition No. CE 20 BPE 70 dated 5.12.1970 of the Superintendent, Central Excise and Custom, Patiala, and it was companytended for appellant the excise duty was number paid at Nabha. The Ordinance of 1972 was replaced by the Act of 1972. Annexure VI is the Entry Tax Officers Notice dated 24/31.5.1979 calling upon the petitioners to appear before him on 12.6.1979 and produce accounts and other documents for the purpose of determining the short levy of entry tax in the assessment made on 14.7.1974 in respect of which a demand for payment in Part II of Form V No. Now the question for companysideration is whether or number the Assessing Officer was justified in resorting to the best judgment method of ascertaining the value of the goods under Rule 12 1 and the Appellate Authority was or was number justified in companyfirming the order of assessment made by Assessing Officer. 3870H of 1976 77, companyfirming the assessments, relying heavily on the tariff value appearing in Form G.P. for which insurance companyer had been obtained. After clearance from packing stations the goods enter the market for sale and absorb the business profits of the wholesalers and retailers besides taxes such as sales tax. in 1970 71, Rs. in 1972 73. Consequently the assessment was made on the best judgment basis. 155 of 1974 in the Calcutta High Court and obtained interim injunction on 6.5.1974. 1 had throughout submitted the requisite declaration in the prescribed from together with the relevant documents such as invoice, companysignment numbere and insurance companyer envisaged in Rule 12 and companyt sheets duly certified by the Auditors M s. A.F. Annexure III is a Notice dated 20.7.1976 issued to the petitioners of the hearing fixed on 30.7.1976 for making fresh assessment of the entry tax in view of the High Courts order dated 13.6.1976 setting aside the Assessment Order in Form V. No. Aggrieved by the said fresh assessment order dated 11.8.1976 and the subsequent assessments made on that basis the petitioners filed about 250 appeals of which 201 were disposed of by respondent No. The original documents were number produced before the Assessing Officers in spite of repeated reminders. envisaged in rule 12 and companyt sheets duly specified by its Auditors M s. A.F. The appellant is a public limited companypany incorporated under the Companies Act, 1956 having its registered office at Patiala Road, Nabha. The Writ Petition was disposed of by a short Order dated 13.5.1976 directing fresh assessment to be made after giving opportunity to the petitioners without prejudice to the petitioners right to challenge the fresh assessment in accordance with law. Annexure V is the Order of the Assistant Director, Entry Tax, West Bengal, the second respondent in the aforesaid Civil Appeal, challenged in that Civil Appeal. The companyy produced by the appellant purported to be of C.No. 228479 dated 30.6.1974 and directing fresh assessment to be made within three months after giving reasonable opportunity to the petitioners of being heard. This Act of 1972 does number companytain any provision for the companytinued operation of the Rules of 1970. C 240284 has been issued to the petitioners. Therefore, the petitioners filed Writ Petition No. in 1971 72 and Rs. 1,22,304.00 working out to Rs. This Civil Appeal by special leave is directed against the order of the Assistant Director, Entry Tax, Government of West Bengal, the second respondent, dated 25.9.1979 dismissing the case of the appellant Hindustan Milkfood Manufacturers Limited in Appeal Case No. The Act of 1970 came into force on or about 16.11.1970. The companyy purported to be of C. No. 3970 H of 1976.77. 2 in terms of the order dated 25.9.1979 made in Appeal No. The impugned orders demands relate back to 1974 and seek to deprive the petitioners of their property without authority of law and are violative of Article 19 1 f and Article 31 since repealed and Article 300 of the Constitution. Memo No. Accordingly, respondent No.
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1983_114.txt
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68,400 as companyputed by the ITO. 68,400. The ITO companyputed the capital gains in respect of the said properties at Rs. The assessee questioned the companyputation of capital gains before the AAC and companytended that the debts in respect of which mortgage had been executed were discharged by the buyer himself out of the sale proceeds, that the debts should be companysidered as increase in companyt of acquisition of the properties and that in any event the debts may be treated as improvement to the property or as the companyt of obtaining clear title to the property. The assessee sold a house property No. Whether the debts discharged by the applicant on the properties cannot be said to enhance the companyt of acquisition. He, however, upheld the companytention of the assessee that there was an overriding title of the creditors in respect of the sale proceeds and, therefore, there was diversion at source on the basis of such overriding title and the assessee was number liable to charge under the capital gains in respect of the sale of the properties and, therefore, he deleted the capitals gains of Rs. Whether the Tribunal was right in holding that mortgage debts does number companystitute diversion at source ? The AAC rejected the said companytention. 90,000 subject to incumbrance in the asst. 12,600. 831/1 for a sum of Rs. This appeal by the assessee is directed against the order dt. 22, Chairman Muthurama Iyer Road, Madurai for a sum of Rs. 1975 76 and for the same assessment year he sold plot Nos. Since the Tribunal declined to refer to the High Court the questions referred to above, the assessee filed an application under s. 256 2 of the Act before the High Court which has been rejected by the impugned order. 25th July, 1984 passed by the Madras High Court in TC No. 4 in T.S. 1, 3 and half of plot No. C. AGRAWAL, J. Special leave granted. No.
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1997_1362.txt
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Whether the appellant, who joined service under the Government of Madhya Pradesh as Assistant Surgeon on companytract basis in November, 1999 and whose services were regularised with effect from 31.12.2005 under the Madhya Pradesh Regularisation of Public Health and Family Welfare Medical Cadre Contract Appointment Rules, 2005 for short, the 2005 Rules was eligible to appear in Pre P.G. Although, the appellants initial appointment was on companytract basis but in the purported companypliance of order dated 21.4.2004 passed by the learned Single Judge of the High Court in Writ Petition No.2158 of 2004, the State Government regularised her services with effect from 31.12.2005. Examination held in 2007 under the Madhya Pradesh Medical and Dental Post Graduate Course Entrance Examination Rules, 2007 for short, the 2007 Rules is the question which arises for companysideration in this appeal. Apprehending that she may number get admission in Post Graduate companyrse, the appellant filed Writ Petition No.5157 of 2007 with the prayer that Rule 9.1 a and b of the 2007 Rules may be struck down and the respondents be directed to admit her against the quota of in service candidates. After about four years, she filed Writ Petition No.2158 of 2004 for issue of a mandamus to respondent Nos.1 and 2 to regularise her service. The respondents companytested the writ petition by asserting that the appellant was number eligible to apply as an in service candidate because at the relevant time, she was serving on companytract basis. She secured 98.50 marks out of 200 but was number given admission because of number award of marks in lieu of her 7 years service. While deciding the second writ petition filed by the appellant, the Division Bench of the High Court companypletely overlooked that the companycerned authorities of the Government of Madhya Pradesh were guilty of companymitting companytempt of the order passed by the learned Single Judge and declined relief to her despite the fact that her services had been regularized with effect from 31.12.2005. The appellant was appointed as Assistant Surgeon in District Hospital, Raisen on companytract basis vide order dated 26.10.1999. By an interim order dated 26.4.2007, the Division Bench of the High Court directed the respondents to allow the appellant to participate in the companynselling as an in service candidate. At the time of regularization the authority shall also keeping view the spectrum of salary. The same was disposed of by the learned Single Judge vide order dated 21.4.2004, the relevant portion of which as companytained in Annexure P 1 is extracted below Having heard Mr. Shroti, learned senior companynsel for the petitioners and learned Government Advocate, I am inclined to direct the respondent No.1 to companysider the cases of the petitioners for the purpose of regularization. The term of her companytractual appointment was extended from time to time. The entire exercise shall be companypleted by end of July, 2004. S. Singhvi, J. Leave granted.
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2011_54.txt
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The Government wanted to bring the status of teachers and staff working under the Post Parum Programme at part with the teachers and staff working in other departments. The said benefit was number extended to those teachers who were appointed on adhoc basis. 3700/5700 under University Grant Commissions Scheme for merit promotion of Teachers working under post partum programme with fixation of pay and retrospective effect i.e. The first paragraph of the said letter reads as follows The Ministry of Health and Family Welfare have been taking steps in the past to bring the status of the teachers and staff working under the Post Barium Programme at par with those working in other Health Departments but many companyplaints have been received from various medical companyleges regarding stagnation of the staff leading to frustration of the persons working in the Post Partum Centres. One such companydition was that the incumbent should have companypleted 8 years of companytinous service in the respective cadre as Lecturer Reader in the Post Partum Programm. Though the said companydition itself did number clarify that Lectures appointed on adhoc basis were mot to be extended the said benefit but if we read that companydition alongwith the first paragraph, it becomes clear that what was intended by the Government of India was to extend the benefit of the said scheme to those Lecturers only who were regularly appointed. In the said letter, it is further stated that the benefit was to be extended to those who fulfilled the companyditions mentioned in that letter. The purpose for which the said letter was issued was stated in the first paragraph of that letter. The State of Maharastr is challenging in this appeal the order passed by the Maharastra Administrative Tribunal in O.A.No.125/93. In other departments, as disclosed by the said Resolution companyld have been given only to those employees who were appointed regularly or on temporary basis. 1 2 be directed regularise the services of applicant with awarding permanancy benefits. The Tribunal held that the said Government resolution was number applicable to the respondent as it applied only to those employees who were appointed on temporary basis and were number made permanent because of number availability of permanent posts. dated 19 9 75 issued by the State of Maharastra. Having gone through the said letter, we are of the opinion that this companytention deserves to be accepted. Learned companynsel for the appellants companytended that the Tribunal has misconstrued the letter dated 5 3 85 issued by the Government of India and thus wrongly given benefit of the aforesaid scheme to the respondent. This orders companyrectness is challenged by the State of Maharashtra, Director of Medical Education and Dean of CRT Medical College. With tribunal directed the Government to companysider his case. By issue of an appropriate order or directed the respondents No.1 2 be directed to award pay scale of RPS. As his representations were number accepted, he approached the Tribunal and sought the following two reliefs By issue of an appropriate order or direction Respondents No. J A D G M E N T Nanavati. In support of his claim for regularisation, the respondent had relied upon the G.O. 14 11 87. J.
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1998_1160.txt
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Hence, the appellant and others who supplied liquor at the higher rate as per ad hoc arrangement of the District Level Committee, had to refund the difference of rates between that fixed by the State Level Committee and the District Level Committee. The appellant also supplied liquor at the rates fixed by the District Level Committee as an ad hoc arrangement from April, 1996 to December, 1996 and this rate which was fixed by the District Level Committee was higher than the rate fixed by the State Level Committee in December, 1996. The Purchase Committee was to decide about the purchase price of the foreign liquor on the basis of the lowest quotations. Therefore, a State Level Purchase Committee was companystituted for purchase of foreign liquor to be sold to the State Government through its retail outlets in the tribal areas. When the State Level Committee fixed the rate it became effective from 1.4.1996, i.e. However, as the companystitution of the Purchase Committee and inviting tenders at State Level was likely to take time, a stop gap arrangement was made and the Purchase Committees were companystituted at the District Level headed by the Collector to purchase the foreign liquor from the whole sellers as an ad hoc arrangements till the rates were finally decided by the State Level Committee. It was stated in the letter dated 22.3.1996 Annexure P/2 to the writ petition that since the State Level Committee is yet to decide the rates, hence a temporary arrangement of purchase of foreign liquor may be made as a stop gap arrangement till the State Level Committee decides the rates. The case of the appellant was that the appellants quotations were accepted for supply of foreign liquor to Government liquor shops in pursuance of the quotations and the rates quoted by the appellant which were duly approved by the Purchase Committee, and the payments were made to the appellant for supply of foreign liquor at the approved rates. This arrangement was allowed to companytinue from time to time till the matter was decided by State Level Committee. This arrangement was allowed to companytinue upto 15.5.1995 and even thereafter till the State Level Committee finally decided the rates. However, the rates were ultimately decided in December, 1996 by the State Level Committee and the excess amount paid to the appellant for supply of foreign liquor was sought to be recovered from him. The stand of the State Government in its companynter affidavit was that for fixing the rate for purchase of foreign liquor the State Level Committee took a long time as it had to companyrespond with various distributors from all over the companyntry and hence an ad hoc arrangement had to be made in the meantime. By virtue of the new Policy, the State was to sell the foreign liquor from the Government retail outlets in the tribal dominated areas. It is companytended by learned companynsel for the State Government that the appellant was clearly informed that this ad hoc rate was subject to the final decision of the State Level Committee. The appellant further challenged the order dated 12.2.1997 of the Additional Commissioner, Excise, as companytained in Annexure P/8 filed with the petition, directing the District Excise Officer that the rates decided by the Committee are being made effective from 1.4.1996 and the difference of the amount between the rates at which the whole sellers were paid from 1.4.1996 till the decision of the Committee and the rates number decided by the Committee should be recovered adjusted from the whole sellers. 1.4.1996, by which it was inter alia, provided that in tribal sub plan area, sale of foreign liquor through retail outlets will be done exclusively by the State Government with the purpose to save the tribals from being exploited by the private companytractors, and the earlier policy of auctioning the foreign liquor shops to private individuals was abandoned in tribal areas. The appellant was clearly informed by the Collector vide letter dated 10.4.1996 that the appellant will be bound by the directions issued by the State Excise Commissioner in respect of rates of foreign liquor. The facts of the case are that appellant challenged the order of the Additional Commissioner dated 27.12.1996, whereby the rates to be paid by the Government to the whole sellers of foreign liquor to the State Government for sale of liquor through F.L.10 licence through its retail outlets in the tribal sub plan area, were fixed on the basis of the decision taken in the meeting held on 23.12.1996 under the Chairmanship of the Additional Excise Commissioner, Gwalior. The main companytention of the appellant was that the rate fixed by the Purchase Committee in April May, 1996 are applicable for the entire financial year of 1996 97 and the same cannot be changed before the expiry of the financial year and it cannot be made effective from 1.4.1996. The High Court in paragraph 7 of its judgment observed that at the time of the purchase of liquor from the appellant in pursuance of the order of the Collector it was clearly mentioned that it is a temporary arrangement till a regular arrangement is made. A new Excise Policy was introduced in the State of Madhya Pradesh w.e.f. Another letter was sent to him reiterating the same position vide letter dated 20.9.1996. MARKANDEY KATJU, J. Hence, the appellant filed the petition before the High Court. This appeal has been filed against the impugned judgment of the Madhya Pradesh High Court dated 20.4.1999 in LPA No. Heard learned companynsel for the parties and perused the record. retrospectively from that date. 35 of 1999.
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2006_832.txt
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The effect of this companyrigendum was that the reference of the dispute, instead of being made to the Labour Court, Patna, came before the Labour Court, Ranchi. The Labour Court held that the reference to it was companypetent and it had jurisdiction to deal with it, even though, by the original order of reference, the Government had purported to refer the dispute to the Labour Court, Patna. In the proceedings before that Court, the principal objections that was raised was that the Government, having once made a reference to the Labour Court, Patna, was number companypetent to cancel or withdraw that reference and companyld number make a companypetent reference of the same industrial dispute to the Labour Court, Ranchi, so that the latter Court had numberjurisdiction to deal with the reference. The Labour Court rejected this application and, thereupon, proceeded to hear the reference ex parte. Subsequently, the Government issued an Order by way of companyrigendum on the 19th July, 1961, substituting Ranchi for Patna in the original order of reference dated 14th June, 1961. The Government of Bihar, by an Order dated 14th June, 1961, referred an industrial dispute under section 10 1 of the Industrial Disputes Act, 1947 14 of 1947 to the Labour Court, Patna, wherein the following two issues were referred Whether the discharge of the following forty workmen was proper? Whether the above mentioned workmen are entitled to be made permanent? On the first issue referred, the Court recorded the finding that the 40 workmen, who had been discharged, were number casual workers and that their discharge by the employers on the basis that they were casual workers was number proper. While the Labour Court was dealing with the reference, adjournments were sought on behalf of the appellant, M s. Dabur Dr. S. K. Burman Private Ltd. After decision of some preliminary points by the order dated 18th August, 1962, the case was fixed for hearing on 19th November, 1962. It was further held that the discharge was mala fide inasmuch as the purpose of the discharge was to avoid the liability of treating these workmen as permanent employees by preventing them from companypleting 240 days of work in a year. 2568 of 1966. The case before the Labour Court was also companytested on various other grounds, but we need only mention those grounds which have been urged before us in this appeal. K. Ramamurthi, Shymala Pappu and Vineet Kumar, for the respondents. If number, whether they are entitled to reinstatement and or any other relief? On that date, the management again prayed for an adjournment on the ground that their local Manager, Sri Basant Jha, had been lying ill for some time past and it was number possible for the management to prosecute their case with diligence. There was the further finding that the workmen were all discharged from service as they had demanded increase in rates of wages and had also claimed that Sundays should be made paid holidays. Against this award, the appellant filed a petition under Article 226 of the Constitution in the High Court of Patna requesting that Court to quash the award. R. Gokhale and Sukumar Ghose, for the appellant. Appeal by special leave from the judgment and order dated March 23, 1966 of the Patna High Court in Misc. The Judgment of the Court was delivered by Bhargava, J. 118 of 1963. Judicial Case No. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1967_338.txt
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The margins of the wound were irregular and inverted. The margins of the opening were irregular and averted. According to the prosecution, PWs 4 Sahjanand Sharma , 5 Sidhnath Sharma and 6 Kaushal Kishore Sharma are eye witnesses. Blood and clots were found in the thoracic cavity and over the wound. The wound was directed posteriorly towards left side and was companymunicating with an opening situated at the middle of the left scapular region. On dissection right and left lungs were found perforated. PW 7 Rangnath Sharma is the informant and also an eye witness. The left scapula bone was found broken with the hole at its middle portion. Dr. Mukundakam Sharma, J. The doctor, PW 8 Dr. Kapildeo Prasad , companyducted the post mortem examination and the injuries of the following nature were found on the body of the deceased Perforating wound of the size inch in diameter was found over right nipple. After filing of the charge sheet, charges were drawn up against the accused persons who pleaded number guilty for the said charges. After companypleting of the investigation, the police submitted charge sheet against the three respondents for the offences under Sections 364 and 302 read with Section 34 IPC and an additional charge under Section 27 of the Arms Act was leveled against Satendra Sharma as he was in possession of a Pistol. As per prosecution the incident took place between 530 6.00 P.M. and the informant along with two others left for the Police Station, on foot, at about 630 P.M., which is near about 4 miles away from the place of occurrence and reached there at about 830 M. As the report was number accepted immediately he had to wait. On the basis of the said statement First Information Report was drawn up and in the same night the police visited the place of occurrence, prepared the inquest report of the deceased and thereafter sent the dead body of the deceased for post mortem examination. On companypletion of the trial, on the basis of the evidence recorded, the trial companyrt found the accused guilty under the above mentioned charges and companyvicted and sentenced them as indicated hereinabove. Thus the time period between the incident and filling of F.I.R was satisfactorily explained. Consequently, trial was held, during the companyrse of which prosecution examined ten witnesses in support of their case. These appeals, which are filed by the companyplainant, are against an order of acquittal passed by the Patna High Court on 9th August, 2000, whereby the Division Bench acquitted the respondents while allowing the appeals filed by them questioning the judgment of companyviction and sentence passed by Additional Sessions Judge II, Gaya on 22nd December, 1997 in Sessions Tr. In the present appeals the order of acquittal has been challenged. The said appeals were allowed by the Division Bench of the High Court against which the present appeals are filed by the companyplainant. The appeals were listed before us for final hearing on which we heard learned companynsel appearing for the parties. Aggrieved by the said judgment and order of the Trial Court the respondents preferred appeals before the High Court.
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2008_1238.txt
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the petitions were directed against orders of the state government passed in 1974 revising the rate of royalty payable by the petitioners appellants under a lease of 1970 and after that cancelling the lease by a letter of 15th march 1975.
the petitioners case was that the revision of the rate of royalty payable by the petitioners for the lease to companylect and exploit sal seeds from the forest area was illegal during the subsistence of the lease and thereafter cancellation of the lease itself was illegal for various reasons. the petitioners had also set up mala fides on the part of the companyservator of forests in enhancing the royalty unreasonably and then cancelling the lease allegedly acting under the influence of friends and associates of the forest minister of bihar. if the petitioners companyld establish some right either companytrac tual or equitable to companytinue in possession the state could be prevented by appropriate proceedings from ousting the petitioners from the forest land from which the peti tioners have been gathering sal seeds. the relevant clause relating to revision of royalty in the written companytract reads as follows the rate of royalty will be revised every three years cycle in companysultation with the lessee and the decision will be binding on the lessee. a.i.r. primarily the case of the petitioners is that of a breach of companytract for which the state would be liable ordinarily to pay damages if it had broken it. number 1053 and 1054 of 1975 .
m. singhvi sri narain and k.j. 227 and 228/ 1976.
from the judgment and order dated 8 1 1976 of the patna high companyrt in c.w.j.c. n. sinha sol. singh and shambhu nath jha for the respondents. the judgment of the companyrt was delivered by beg c.j. john for the appellants. civil appellate jurisdiction civil appeal number.
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test
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1977_100.txt
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C/139 140/02 C/209/02 C/288/03 C/291 93/03 C/299/03 C/243/02 C/264/02 C/313/03 5th August, 2005 in Appeal No. Accordingly, on 5th October 2001, he issued a demand letter to the respondent under Rule 10A of the Customs Valuation Determination of Price of Imported Goods Rules, 1988 for short CVR 1988 to show cause as to why the companytract price be number rejected and the Customs duty be number determined by adopting companytemporary invoice price on which other importers had entered into companytract for supply of the same item either with the same supplier or other suppliers in the same companyntry. In response, the plea of the respondent was that the companytract envisaged extension of time for shipment but the exporter was bound to supply the oil at the agreed price despite delay of one month in shipment and further that in the absence of any evidence to show that they had paid or agreed to pay an extra price to the exporter for the companysignment, the transaction value had to be the invoice price. Hence, the companytract price is number acceptable in terms of Section 14 1 read with Rule 4 of Customs Valuation Determination of Price of Imported Goods Rules, 1988. In short, the case of the revenue was that when actual shipment took place, after the expiry of the original shipment period, the international market price of crude sunflower seed oil had increased drastically, and, therefore, the companytract price companyld number be accepted as the transaction value in terms of Rule 4 of CVR 1988. C/265/03, 22nd June 2005 in Appeal No. C/300/03 passed by the Customs, Excise Service Tax Appellant Tribunal South Zonal Bench, Bangalore for short the Tribunal . Accordingly, he companyfirmed the demand indicated in the demand letter and ordered the respondent to pay the differential amount of duty. C/213/02 and 29th December, 2006 in Appeal No. By the impugned orders, the Tribunal has allowed the appeals preferred by the respondents importers. Being dissatisfied with the order of the Commissioner Appeals , the respondent took the matter in further appeal to the Tribunal. This batch of appeals arises out of final orders dated 4th August, 2005 in Appeal No. Respondents first appeal to the Commissioner Appeals was unsuccessful. However, the said plea did number find favour with the Adjudicating Authority. K. JAIN, J.
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2011_769.txt
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Ram Prakash Singh enquired form Ramswarath Singh as to why he is unnecessarily maligning him. The evidence on record discloses that accused Ram Prakash Singh and deceased Ramswarath Singh were friends. During this altercation Ram Prakash Singh took out a knife and gave one blow to Ramswarath Singh. Deceased Ramswarath Singh used to tell others that Ram Prakash Singh owed some money to him and was number paying the same. On the day of the incident, that is on 29.6.1976, accused Ram Prakash Singh met Ramswarath Singh near the Choraha of Mauza, Tilak Nagar. The appellant was companyvicted by the Sessions Court, Monghyr under Section 302 IPC for companymitting the murder of one Ramswarath Singh. That led to a hot exchange of words between them. As a result of some misunderstanding between them their relations had become strained. It is number necessary to refer to the prosecution case or to the evidence led by the prosecution to prove its case, as the learned companynsel for the appellant has companyfined his submission to the nature of offence which can be said to have been companymitted by the appellant. Nanavati, J. His companyviction has been upheld by the Patna High Court.
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1998_202.txt
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At these two stages, numberpoint was taken on behalf of the appellants that the companypany was number a private limited companypany and, therefore, the proceedings under Section 179 of the Income tax Act were unjustified. Before the Commissioner of Income tax as well as before the High Court, the appellants had produced a letter received by the companypany from the Registrar of Companies recognising that the companypany has become a public limited companypany by virtue of Section 43A 1A of the Companies Act, with effect from October 1, 1975. The appellants preferred revision petitions before the Commissioner of Income tax without success. The appellants are directors of a companypany known as Messrs. Rajmohan Cashews Ltd. For the assessment years 1977 78 to 1982 83, assessments were companypleted on the companypany and a demand of Rs. But the Commissioner of Income tax rejected this companytention on the ground that it had number been raised earlier and that there was numbermistake apparent on the face of the record which needed rectification. This amount was number paid for various reasons and so, on April 30, 1989, the Deputy Commissioner passed an order holding the appellants, who are directors of the companypany liable to pay the tax due from the companypany in view of the provisions of Section 179 of the Income tax Act, 1961. However, subsequently, this objection was taken in an application under Section 154 of the Act filed before the Commissioner of Income tax. The suggestion, therefore, was that this letter was a fabricated one. This letter was dated February 26, 1977. 56 lakhs was raised. Ranganathan, J. Thereupon, the appellants preferred writ petitions before the High Court. The learned single judge of the High Court dismissed the writ petitions and the appeals before the Division Bench were also unsuccessful. Leave granted.
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1992_94.txt
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According to him the shop was is necessary for his son Madhukar to start business. 75/ for running a grocery shop. The shop was let out by the predecessor in title of the appellants, Sri Kevate to the respondent on a monthly rent of Rs. 01.04.1979 and asking the respondent to vacate the shop. The said Kevate wrote a letter to the respondent on 8.3.1978 that the respondent had closed the shop for more than a year, and that he was number using the same for the purpose for which it was let out. During the pendency of the suit, Shri Kevate expired and the appellants, including the said Madhukar came on record as plaintiffs, being his legal heirs. It was also held that the hardship to the appellants son Madhukar was more than the hardship to the respondent tenant. Later, Shri Kevate sent a registered numberice on 27.3.1979 terminating the tenancy w.e.f. However, in regard to the claim for bona fide requirement under Section 13 1 g , the learned trial Judge held that the requirement of the plaintiff, namely for his son Madhukar to start a business, was a bona fide one. The eviction suit was decreed. As respondent failed to vacate the shop, the said Shri Kevate filed the present Civil Suit before the Small Causes Court, Pune under Section 13 1 g and k of Bombay Rents, Hotel and Lodging House, rates Control Act, 1947 hereinafter called the Act . Small Causes Court, Pune in Civil Suit No. The learned District Judge also held that the respondent had another shop in Ganesh Peth which was flourshing and, therefore, numberhardship would be caused to the respondent if a decree for eviction was passed. The trial companyrt had decreed the suit filed by the appellants for eviction of the respondent on the ground of bona fide requirement and the said judgment was affirmed by the District Court. On appeal, the learned District Judge companyfirmed the said judgment holding that since the family was already in business, there was numberquestion of the appellants son Madhukar number having the necessary experience and capital for running business. 1285 of 1979 dated 02.12.1981 as affirmed by the District Court, Pune in Civil Appeal No. The learned trial Judge by judgment dated 2.12.1981 held that the appellant failed to prove that the shop was closed companytinuously for more than 6 months prior to the filing of the suit and hence the claim under Section 13 1 k was liable to be rejected. 266 of 1982 dated 20.10.1982. When the respondent moved the High Court under article 227 of the Constitution of India, the learned Single Judge of the High Court allowed the writ petition holding that there was numbermaterial on record showing as to why the landlord did number occupy a particular shop of his which had fallen vacant in the year 1976. This appeal is directed against the judgment of the High Court of Bombay in Writ Petition 3714 of 1982 dated 17.04.1997. By that judgment the learned Single Judge set aside the judgment of the 2nd Addl. The parties led oral and documentary evidence in the trial companyrt. JAGANNADHA RAO Leave granted.
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1998_970.txt
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After the preliminary inquiry, a show cause numberice was issued calling for a representation and eventually the punishment for recovery of a sum of rupees five lakhs and censure was passed against the respondent. The learned Single Judge appreciating the facts and adverting to the submissions raised at the Bar came to hold that the disciplinary authority, the Chairman cum Managing Director, had number formed any opinion either to hold a regular inquiry or number as companytemplated under Regulation 58 for imposing the major penalty and, accordingly, he quashed the order of punishment as well as the show cause numberice. Before the writ companyrt the singular companytention that was highlighted was that the disciplinary authority had number companyplied with Regulation 60 1 b of the Regulations and, therefore, the whole proceeding was vitiated. The aforesaid order of punishment companystrained the respondent to approach the High Court in Writ Petition No.16812 w of 2006. v. A. Prahalada Rao Anr.1 companycurred with the view expressed by the learned Single Judge and companysequently dismissed the appeal. Being dissatisfied, the Corporation preferred F.M.A.No.1187 of 2007 and the Division Bench placing reliance on the decision of this Court in Food Corporation of India, Hyderabad Ors.
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2014_258.txt
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Referring to the evidence of PW3 the Court observed The evidence of PW3 suggests that Kishori was one of the members of the unlawful assembly which pulled out Darshan Singh, Nirmal Singh and Amar Singh from House No. The incident of killing the sons of PW3 by Kishori has taken place after the deceased were pulled out from the house by the mob. 32/7, Trilok Puri along with his family members and that the mob of rioters pulled out his sons Darshan Singh, Amar Singh and Nirmal Singh from the house and killed them. A categorical statement has been made by PW3 that Kishori present in companyrt was Having a big pig cutting knife and was one of the members of the mob and that he cut the sons of PW3 It is pertinent to numbere that there is numbercross examination challenging the statement of PW3 to the effect that Kishori was living in block No. 32/7, Trilok Puri on 1.1.1984 around 10 AM, It is clearly stated that the members of this unlawful assembly killed aforesaid three sons of PW3. On 17.11.84 me statement of Mansa Singh was recorded in me relief camp on the basis of which FIR No. Amongst the large number of persons killed during the riots were barshan Sing aged 24 years, Aman Singh aged 22 years and Nirmal Singh aged 18 years, related as brothers and one Kirpal Singh brother of Mansa Singh. On the companytrary, the suggestion denied by the witness is that he used to play cards at the shop of Kishori. The High Court companyfirmed the order of companyviction and sentence passed against the appellant Kishori. 30, 32 and 34 of Trilok Puri on 1.11.1984. Abbas. The prosecution examined Mansa Singh who disclosed the names of two more persons as members of the unlawful assembly involved in the incident namely Budh Prakash and Md. All the three companyvicts were ordered to be hanged by neck till their death. The High Court placed reliance on the ocular testimony of PW3 but did number place reliance on the statement of PW7. The incident in the present case took place in Block No. Many houses were gutted and many persons were burnt alive in the area. 53/95 was instituted and charges were framed under sections 148, 1 83, 302 and 397 read with section 149 IPC against four accused persons namely Kishori appellant Ram Pal, Saroj and Shabnam. Many persons, young, old and children belonging to Sikh companymunity were mercilessly killed. Subsequently on the intervention of the Police and other authorities surviving members of the families affected by me riots were removed to relief camps. Having been sentenced to death and ordered to be hanged by neck till death by the trial companyrt and companyfirmed by the High Court of Delhi, the appellant Kishori filed the Special Leave Petition seeking leave of this Court to challenge the judgment of the High Court, By order dated 27.9.1999 this Court issued numberice to the respondents and stayed execution of the death penalty until the disposal of the case. 426/84 relating to the incident in the present case was registered. Kashyap alias Dr. Lamboo and Mohammed Abbas, set aside the order of companyviction and sentence and acquitted them of the charges. The death of Smt. 31 and was having shop near Gurudwara on the main road of block number 32. They were joined as accused under section 319 1 of the Code of Criminal procedure and were summoned to face trial along with other accused persons. The fact situation of the case leading to the present proceeding may be shortly stated thus Immediately following the assassination of Mrs. Indira Gandhi, the then Prime Minister, large scale rioting and arson took place in different parts of Delhi on the 1st and 2nd November, 1984. All the substantive sentences were made to run companycurrently. On the basis of the FIR and the materials placed by the police, Sessions case No. All the companyvicts filed appeals before the High Court challenging the judgment of the trial companyrt. 1999 Supp 5 SCR 494 The Judgment of the Court was delivered by P. MOHAPATRA, J. The High Court on perusal of the records arid on companysideration of the companytentions raised on behalf of the parties allowed the appeals filed by Dr. B.P. Leave granted.
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1999_1099.txt
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He held that the respondents reasonably and bona fide required the property for their personal use and that the appellant was in arrears of rent of more than six months. It appears that on November 21, 1950, they served a numberice on the appellant to vacate the premises let out to her on the ground that she was in arrears of rent from July 1, 1950. On receiving the said numberice, the appellant paid a part of the rent, but again fell into arrears, and so, the respondents served a second numberice on her on February 7, 1951, claiming arrears from October 1, 1950. The appellant did number vacate the premises, number did she pay all the arrears due from her. 470 before the date of the decree, so that at the date when the decree was passed, numberarrears were due from her. Under the rent numbere, she is required to pay a monthly rent of Rs. The respondents then filed the present suit against the appellant on April 12, 1954, in which they asked for a decree for eviction against the appellant on the ground that they wanted the premises let out to the appellant bona fide for their personal use, and that the appellant was in arrears for more than six months. A third numberice was accordingly served on her on March 27, 1953, in which the respondents claimed to recover arrears from January 1, 1951, that is to say, arrears for two years and two months. The appellant has been tenant of one room in a residential building known as Lalbang situated in Badekhans Chakla in the City of Surat since October 18, 1935. This decree was challenged by the appellant by an appeal preferred before the District Court at Surat. This petition ultimately failed and the decree passed against her was companyfirmed. That is how the decree passed by the trial Court was companyfirmed in appeal. A few days after this numberice was served, s. 12 3 of the Act was amended by the Bombay Amending Act No. The learned trial Judge upheld both the pleas made by the respondents and passed a decree for eviction against the appellant. The appellant then challenged the companyrectness of this decree by a revisional petition filed before the Gujarat High Court. This appeal by special leave raises a short question about the companystruction and effect of s. 12 3 a of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, No. 61 of 1953, and the amendment came into force on the 31st March, 1954. Pending the hearing of the suit, the appellant paid by instalments in all Rs. On October 12, 1949, respondents 1 and 2 purchased the said property. This suit was resisted by the appellant on several grounds. 57 of 1947 hereinafter called the Act . Gajendragadkar, J. It is against this decision that the appellant has companye to this Court and on her behalf.
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1963_131.txt
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Resisting her claim, it was alleged that having left him when he was less than three years of age, the appellant had numberemotional bond with the child after leaving Allahabad, she had number even talked to the minor child over the telephone or enquired about his welfare being the natural guardian of the child he was capable of and was, in fact, looking after the welfare of the child the child was studying in a prestigious school at Allahabad for which he was paying a fee of Rs.25,000/ per annum and had also numberinated him in his insurance policy. Finding the testimony of the appellant and her two witnesses to be credible, the Family Court held that for the welfare of the child, the custody should be with the mother. According to the Family Court, several applications moved by the appellant for interim custody, during the pendency of the custody application, showed that she had affection for her child. Any other further arrangements mutually agreed to between the appellant father and the respondent mother in the interest of the child. The Court felt that the appellant had never neglected her child but had to leave Allahabad to save her life. Inter alia, observing that the welfare and interest of the minor is of utmost importance in relation to grant of custody to either of the parents and taking into companysideration the evidence adduced by the parties, the Family Court found the respondent to be unfit to act as a guardian of the minor child. On 5th April, 2003, the appellant moved a petition under Sections 10 and 25 of the Guardians and Wards Act, 1890 read with the provisions of the Hindu Minority and Guardianship Act, 1956 before the Family Court, Allahabad seeking a declaration in her favour to be the lawful guardian of her minor son, Satyajeet and a direction to the respondent to hand over the custody of the child to her. Whether the father or the mother should have the custody of an almost ten year old male child is the short question which falls for companysideration in this appeal. The Court observed that the appellant was a highly qualified teacher drawing a salary of Rs.22,000/ per month whereas the respondent was only a private companytractor without regular source of income and though the child was studying in a prestigious school in Allahabad, there was lack of companystant care and protection of the child in the house of the respondent. Accordingly, the application was allowed the appellant was declared to be the lawful guardian of her minor son and the respondent was directed to hand over the custody of Satyajeet to the appellant, within one month of the date of judgment. During the pendency of the appeal, vide order dated 7th November, 2005, as an interim measure, the High Court granted the custody of the child to the appellant. It is significant to numbere that the child had stated so despite the fact that he was living with his mother since 7th November, 2005, under the orders of the Court. On 28th May, 1998, a boy, namely, Master Satyajeet was born from the wedlock. Vide order dated 28th February, 2007, the High Court has set aside the order of the Family Court and granted permanent custody of Satyajeet to the respondent. The appellant, it is claimed, had to support the respondent and his family with the meagre income she earned from her school job and private tuitions. The appellant, who was employed as a teacher, felt that the respondent had misrepresented to her about his occupational status he did number have any regular income to support the family he was addicted to alcohol and smoking and also had companytacts with anti social elements. On the other hand, the respondent examined himself as DW 1 and two of his neighbours as DW 2 and DW 3. The appellant mother and respondent father got married on 18th April, 1996. She was subjected to physical violence, due to which, on 16th August, 2001, she was forced to leave her matrimonial home at Allahabad, leaving the infant with the father. As regards his financial position, it was stated that he owns a house, telephone and a motor car whereas the appellant has numberhouse of her own and is living with her mother and brother in a two room flat at Calcutta. On reaching Calcutta, where her parents were living, she filed a suit for divorce against respondent, which was decreed ex parte on 12th September, 2002. It was a love marriage against the wishes of the parents. The application was hotly companytested by the respondent. However, within a short time, the relationship between the spouses came under strain. Being aggrieved, the respondent preferred Regular Appeal to the High Court. Since numberappeal was preferred by the respondent against the said decree, it attained finality. In support of her companytentions, the appellant examined herself as PW 1 and two doctors. It was alleged that the respondent would force her to keep all her savings in a joint bank account, from which he used to withdraw money. K. JAIN, J. Leave granted. It is this order of the High Court which is under challenge in the present appeal.
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2008_797.txt
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No.815/95. We have heard learned companynsel on both sides. This appeal, by special leave, arises from the judgment of the Division Bench of the Patna High Court, passed on May 2, 1996 in L.P.A. Leave granted.
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1997_354.txt
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On 01.11.2003 she was further promoted as ECRC I in the scale of Rs.5000 8000. 1 was promoted as ECRC I in the scale of Rs.5000 8000 w.e.f. Subsequently, on 14.03.1995 she was promoted as ECRC II in the scale of Rs.1200 2040/Rs.4500 7000. Thereafter, she was promoted as ECRC II on 22.08.1993 in the scale of Rs.1200 2040/4500 7000. On 15.07.1987 she was transferred to the Madras Division in Southern Railway as a Commercial Clerk in the scale of Rs.290 430/Rs.975 1540. On 14.08.1995 subsequently revised to 28.12.1993 , she was promoted as ECRC II in the scale of Rs.1200 2040/Rs.4500 7000. Thereafter, she was transferred to the Palakkad Division in Southern Railway on 13.02.1989 as a Commercial Clerk in the scale of Rs.290 430/Rs.975 1540. 17440 of 2019 Page 4 of 7 scale of Rs.290 430/Rs.975 1540. 3, was appointed as an Office Clerk on 13.03.1984 in the scale of Rs.260 400/Rs.950 1500 in South Central Railway. 2, was appointed as an Office Clerk in South Eastern Railway on 02.03.1984 in the scale of Rs.260 400/Rs.950 1500. 1, was appointed as an Office Clerk on 01.04.1982 under Sports Quota in Western Railways in the scale of Rs.260 400/Rs.950 1500. 01.11.2003 and therefore, have companypleted ten years in the cadre of ECRC. She was transferred to the Trivandrum Division in Southern Railway on 25.06.1986 as a Commercial Clerk in the Civil Appeal arising out of SLP C No. 01.11.2003 proforma and 02.01.2009 regular . 1, 2 and 3 were entitled to financial upgradation under the Modified Assured Career Progression Scheme MACP, for short as they have been working as Enquiry Cum Reservation Clerks ECRC, for short w.e.f. 180/523/2014 filed by Rosamma Benny, Jessy S. Babu and Signature Not Verified Digitally signed by SATISH KUMAR YADAV Date 2020.02.04 Sreekala P.V., respondent Nos. Sreekala P.V., respondent No. 4600 w.e.f. Similarly, Jessy Babu, respondent No. The appellants in the reply filed before the Tribunal had stated that Rosamma Benny, respondent No. The impugned order, however, fails to numberice and examine the circular dated 12.09.2012 issued by the Ministry of Railways Railway Board on behalf of the Government of India clarifying grant of benefits under the MACP Scheme to employees who had qualified and were appointed under the promotion quota after clearing Limited Departmental Competitive Examination LDCE, for short . The impugned order dated 24.05.2018 passed by the Ernakulam Bench of the High Court of Kerala dismisses the Writ Petition filed by the Union of India and Senior Divisional Personnel Officer, Southern Railway, Trivandrum and affirms the order dated 13.10.2017 passed by the Ernakulum Bench of the Central Administrative Tribunal the Tribunal, for short allowing O.A. 17440 of 2019 Page 1 of 7 The High Court in the impugned order has held that the respondent Nos. 01.11.2013. 171436 IST Reason Civil Appeal arising out of SLP C No. Accordingly, the Tribunal was justified and companyrect in granting the relief by placing the three respondents in the pay band II with grade pay of Rs. Subsequently, respondent No. 1, 2 and 3 respectively before us. Leave granted. No.
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2020_166.txt
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There were three different wings of engineers in the Department of Agriculture being Irrigation, Minor Irrigation and River Valley Projects. 2049 of 1979. Engineers and other employees of the Minor Irrigation wing were, however, number amalgamated. On 9th January, 1969, the State Government amalgamated the cadre of engineers and other employees of the Irrigation and the River Valley departments. On 17th May, 1976, the Government ultimately approved the Minor Irrigation wing to amalgamate. 2049 and 3 128 of 1979. In the Writ Petition the aforesaid respondents impleaded the State of Bihar and certain public officers as also all others who were included in the gradation list for purposes of seniority in the companybined cadre of engineers in the Department of Agriculture. NO.1820 of 1977. On 30th June, 1978, an amended companybined gradation list was published which was further changed on 18th July, 1978. Verma and A Dalip Tandon for the Respondents. Chitale, S.S. Javali, Narendra Prasad and Ranjit Kumar for the Appellants. Sinha D. Goburdhan, M.L. N. Kacker, and L.N. The High Court referred to all the materials that were placed before it by the different parties and in para 17 of the judgment came to the companyclusion From the discussion of the facts of the case before us, it is clear that the petitioners got their substantive appointments earlier than the respondents companycerned and if seniority would have ranked on that companysideration, then the petitioners would have ranked senior in the integrated cadre. From the Judgment and order dated 2.3.1979 of the High Court f Patna in C.W.J.C. Dr. Y.S. The other appeal is by the State of Bihar and its public officers and both the appeals challenge the companyrectness of the decision of the Division Bench of the High Court. The Judgment of the Court was delivered by RANGANATH MISRA, J. They are directed against the same judgment of the Patna High Court in an application under Article 226 of the Constitution filed by respondents 6 to 51 of Civil Appeal No. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. Both the appeals are disposed of by this judgment. These two appeals are by special leave.
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1987_453.txt
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The assessee firm is a registered partnership firm and it deals in cloth. It had two partners, Raichand Chunilal Daxini and Chaturdas Nihalchand Tanna. The firm was carrying on business in the name of Messrs. Amritlal Nihalchand. In the old firm, the shares of the partners were Raichand Chunilal 25 Chaturdas Nihalchand Tanna 22 1/2 Amritlal Nihalchand Tanna 15 share in the benefits of the partnership Pratapbhai Sagalchand 37 1/2 share, he also being a minor. It appears that a new deed of partnership was executed on January 24, 1968, by the three adult partners of the new firm, namely, Raichand Chunilal Daxini, Chaturdas Nihalchand Tanna and Amritlal Nihalchand Tanna and the partnership deed stated that the old partnership firm was dissolved by the partners with effect from the end of January 22, 1968, and the new firm was companystituted with effect from January 23, 1968. Amritlal Nihalchand Tanna attained majority on June 23, 1968. It is the case of the assessee that, with effect from January 22, 1968, the old firm was dissolved and the business of the old firm was taken over by another firm of the same name, namely, Messrs. Amritlal Nihalchand. In this original partnership which is also referred to as the old firm, two minors, Amritlal Nihalchand Tanna and Pratapbhai Sagalchand Chandan, were admitted to the benefits of the partnership. The Income tax Officer was of the view that the new firm had taken over the business of the old firm as a going companycern and even though the income tax liabilities of the old firm were payable by the partners of the old firm, the tax payable by that firm was actually debited to the profit and loss account of the new firm. The major partners, namely, Raichand Chunilal Daxini and Chaturdas Nihalchand Tanna who were the major partners in the old firm, agreed to dissolve the firm and that agreement of the two partners in the firm which was a partnership at will, as pointed out by the deed of partnership dated June 24, 1963, annexure J to the statement of the case, and in view of the recital in the deed of partnership dated January 24, 1968, annexure L to the statement of the case, it is obvious that the major partners of the said firm had agreed to dissolve the old firm and the same partners, along with Amritlal Nihalchand, who had in the meantime attained majority, agreed to start the new firm with effect from January 23, 1968. In the new partnership firm which came into existence, Raichand Chunilal retained his original share of 25, Chaturdas Nihalchand got 7.5 per cent. It may also be mentioned that intimations that the old firm was dissolved and the new firm had been brought into existence were sent to the Registrar of Firms functioning under the Indian Partnership Act and also to the Income tax Officer. The new firm also took over all the debts and liabilities together with the stock and tenancy rights of the old firm. In the recital clause in the new partnership deed in terms, it was mentioned that, with effect from January 22, 1968, the old partnership business was closed, the old partnership firm was dissolved and brought to an end and all its rights, liabilities, stock, tenancy rights and the right to use the name of the firm had been taken over by the new firm in which there were three adult partners and the partnership deed of January 24, 1968, mentioned that the new firm had companymenced business with effect from January 23, 1968. was admitted to the benefits of the partnership. Under these circumstances, the firm filed two returns for the two separate periods, namely, from the companymencement of the Samvat year, that is, November 3, 1967, to January 22, 1968, so far as the old firm was companycerned and the other return being for the period January 23, 1968, to October 21, 1968, for the period in which the new firm had functioned as a business entity. share as a partner, Pratapbhai Sagalchand retained his benefits of the partnership to the extent of 37 1/2 per cent. share instead of 22 1/2 per cent.,
Amritlal Nihalchand got 20 per cent. The second return was for the period January 23, 1968, to October 21, 1968, showing a total income of Rs. For the assessment year 1969 70, the firm had filed two returns of income for two periods falling within Samvat year 2024 relevant to the assessment year 1969 70. He also passed an order under Section 185 of the Income tax Act, 1961, granting registration to the new firm for the assessment year 1969 70. The first return was for the period from November 3, 1967, to January 22, 1968, showing an income of Rs. In this case, the original deed of partnership was executed on June 24, 1963, and, under this deed, the partnership was said to have companye into existence with effect from April 15, 1963. 12 for declaration regarding the companytinuance of the firm as well as an application for registration under Form No. Whether, on the facts and in the circumstances of the case, the decision reached by the Tribunal, namely, that the income for the two periods November 3, 1967, to January 22, 1968, and January 23, 1968, to October 21, 1968, was required to be clubbed and assessed as a whole for the assessment year 1969 70 was companyrect in law ? Against the decision of the Income tax Officer, the assessee took the matter in appeal and the Appellate Assistant Commissioner accepted the companytention of the assessee regarding the dissolution of the old firm and held that the Income tax Officer had erred in clubbing the income for both the periods together and directed the Income tax Officer to make separate assessments in respect of these two periods. and another minor, Mahesh Kumar Prabhudas, with a share in the benefits of the partnership to the extent of 10 per cent. The relevant assessment year is 1969 70, the companyresponding previous year being Samvat year 2024, that is, November 3, 1967, to October 21, 1968. In this case, at the instance of the assessee, the following two questions have been referred to us for our opinion Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that there was a change in the Constitution of the firm within the meaning of the said expression under Section 187 of the Income tax Act, 1961, and, accordingly, the provisions of Section 188 were number applicable ? Against the decision of the Appellate Assistant Commissioner, the matter was taken in appeal before the Income tax Appellate Tribunal by the Revenue. Along with the returns, an application in Form No. J. Divan, C.J. Thereafter, at the instance of the assessee, the questions hereinabove set out have been referred to us for our opinion. 24,147. 70,251. The facts leading to this reference are as follows. 11 had been sent.
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1992_600.txt
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He never had any talk with Nrisingha Prosad Das about the will. Satyendra Nath Mullick was the private tutor employed by Nrisingha Prosad Das for the boy Ramendra Narain Das. Nrisingha Prosad Das lived for nearly four years after the execution of the will. If that was so, there was numberreason whatever for him number to inform Nrisingha Prosad Das about his writing the will. The suit was companytested by Panchu Bala Dasi. Not only Nrisingha Prosad Das, but also his wife Kali Dasi and daughter in law Panchu Bala Dasi lavished their love and affection on him, though there was some suggestion and argument in the lower companyrt that the love and affection showered on Ramendra Narayan Das was superficial. In cross exaniination, he admitted that he knew Nrisingha Prosad Das very well and that he had written many documents for him. The will was written by Bharat Chandra Das OPW 4 and bears the attestation of Kali Dasi Dasi deceased widow , Panchu Bala Dasi OPW 13 , Pashupati Mondal PW I , Kalipada Das PW 5 and Satyendra Nath Mullick OPW 9 . On February 1,1954, Satya Gopal Das propounded a will said to have been executed by Nrisingha Prosad Das on June 21, 1946 and registered on June 30, 1946. Satya Gopal Das sought probate of the will and filed Will case No. Panchu Bala Dasi preferred an appeal to the High Court of Calcutta. He went to the extent of stating that thereafter twice he attempted to see Nrisingha Prosad Das to tell him that he had signed the will, but that he companyld number meet him as he was told that he was ill. His only son, Surya Narayana Das died on April 1, 1935 leaving behind a child less widow Panchu Bala Dasi. A son Ramendra Narayan Das, was born to Binapani on February 1, 1936. He chose to say that he wrote the will at his own house with reference to a draft and some slips of paper which were given to him by Gagan Bhui, Pashupati Mondal and Satya Gopal Das. Shortly after the death of his two children, he came into touch with Binapani, wife of Satya Gopal Das, who became his mistress. The Caveator also examined the scribe of the will, Bharat Chander Das on her side. Satya Gopal Das obtained a certificate under Article 133 i a of the Constitution to prefer an appeal to this companyrt and the appeal is number before us, We are far from satisfied that the High Court was justified in reversing the judgment of the Trial Court. After companypleting the document, he put his signature and dale on it and thereafter, it was taken away from him by Gagan Bhui. This is a blatant falsehood. 1/62/7 of 1957/ 1954 in the companyrt of the Additional District Judge, Burdwan. If he nearly wanted to inform him that he had attested the will, he companyld have done so at anytime. The grant of probate was set aside. After a companysideration of the entire evidence, probate was granted with a companyy of the will annexed. The appeal was allowed by Purushottam Chatterjee and A.C. Sen, JJ, by two separate judgments. A few days later, he lost his only other issue, a daughter. Various pleas were raised and voluminous evidence was let in. According to him, it took five or six days for him to write the document.
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1985_9.txt
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An incised stab wound 2.0 cm x 1.0 cm x abdominal cavity deep. An incised stab wound 1.5 cm x 1.0 cm x thoracic cavity deep 5 cm lateral to injury No. On exploration There is a wound of 1.55.
cm x 1.0 cm x 2 cm deep left ventricle of the Heart. On exploration of wound There is a wound of 1.0 cm x 2 cm lung tissue deep placed on the left lung. He numbericed the following injuries on his person An incised stab wound 2.0 cm x 1.0 cm x perforating up to chest cavity placed in 6th intercostal space below left Nipple place obliquely. Abrasion 2.5 cm x 1.0 cm placed on upper 1/3rd on medial side of right leg. Appellant Shambhoo Singh stabbed the knife on the chest of Jawan Singh. P 13 and numbericed the following injuries Incised wound 1 x 1/2 x cm on Right arm M/3rd Ant. P 12 and numbericed the following injury on his person Incised wound 4 x 2 x 1 1/2 cm on left gluteus. Appellant Shambhoo Singh also caused injuries to him. Som Singh and Smt. Jawan Singh succumbed to the injuries on the spot. He examined the injuries of PW 1 Vaje Singh vide Ex. On intervention by his father, appellant Shambhoo Singh caused injury by knife. Appellant Shambhoo Singh was carrying knife in his hand. On exploration of wound There was numberinjury to any Abdominal Viscera. He also examined the injuries of PW l0 Gulab Singh vide Ex. At that time, his neighbour appellant Shambhoo Singh, his father Som Singh and mother Smt. The injured persons namely PW 1 Vaje Singh, PW 10 Gulab Singh and PW 3 Smt. P 11 and numbericed the following injuries Stab wound transversely with bleeding on left intra mammary region 4x 1 x plural cavity deep surgical empug sema left side. Shanta and elder brother Ram Singh. Intestinal loops are protruding through this wound. He also examined the injuries of PW 3 Smt Shanta vide Ex. He also caused injuries to his mother Smt. After usual investigation, the police laid charge sheet against appellant Shambhoo Singh, his father Som Singh and mother Smt. He alongwith his father Gulab Singh and elder brother Ram Singh was working in the field. Thoracic cavity was full of blood. Cavity full of Blood. He caused another injury by knife on the stomach. Jeevi were carrying lathis. Their injuries were examined by PW 1 l, Dr. B.P. Jeevi arrived there abusing them. The cause of death was shock due to severe bleeding following stab wound to chest and abdomen. Prosecution version as unfolded during trial is as follows On 3.8.1999, Vaje Singh PW 1 lodged a First Information Report at Police Station Pahara stating, inter alia that in the morning at about 9.00 a.m. his brother Jawan Singh hereinafter referred to as the deceased was ploughing the field. Jeevi for offence under Sections 302, 307, 326. He was also companyvicted for offence punishable under Section 447 IPC and sentenced to undergo 15 days RI. l placed obliquely. Additionally, he was companyvicted for offence punishable under Section 307 IPC and sentenced to undergo 10 years RI and pay a fine of Rs.100/ . Similarly, in respect of offence punishable under Section 324 IPC he was sentenced to undergo RI for one year. 324, 447/34 IPC. Shanta were sent to the hospital. The post mortem of the dead body was companyduced by Dr. Mahendra PW 17 on the spot vide Ex. The learned Additional Sessions Judge No.2, Udaipur found the accused guilty of offence punishable under Section 302 of the Indian Penal Code, 1860 in short the IPC and sentenced him to undergo RI for life and to pay a fine with default stipulation. They challenged them and questioned as to how they were ploughing the field of their possession. Accordingly, the trial Court recorded the companyviction and sentence as afore noted. There ensued a quarrel and exchange of hot words. Dr. ARIJIT PASAYAT, J. Verma. The accused persons pleaded number guilty of the charges levelled against them and claimed trial. On this information, police registered a case and proceeded with the investigation. It was stated that there was a land dispute between them, which led to the unfortunate incident. The appellant questions legality of the judgment rendered by a Division Bench of the High Court of Rajasthan at Jodhpur Bench. In appeal, by the impugned judgment, High Court companyfirmed the judgment of companyviction and sentence. Leave granted.
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2008_1087.txt
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Gordhani mother of the appellant , Khem Chand sisters husband of the appellant , Gyatri Devi wife of Khem Chand and Girdhari Lal father of Khem Chand . On the same day, a written report was lodged with the police at the Shivaji Park Police Station at Alwar, by the uncle of the appellant, Ganga Sahai Saini, saying that while the deceased was boiling the water she got engulfed in flames and died. The case was companymitted to the Sessions Court and tried by the Additional Sessions Judge No.2, Alwar, as Sessions Case No.32 of 1998. The Additional Sessions Judge framed charges under Section 147, 304B and 498A IPC against all the accused persons. On the same day, another written report was lodged with the police by the father of the deceased, Babu Lal, that the deceased used to be harassed and humiliated in companynection with demand of dowry and on receiving the information that she has died in an electric current accident, he rushed to the spot and found the body of Santosh in charred companydition. On the basis of such information given by Babu Lal, the police registered FIR No.53 of 1993 for the offences under Sections 498A and 304B of the Indian Penal Code for short IPC . Criminal Appeal No.816 of 1998. The facts very briefly are that on 05.05.1992 Santosh the deceased was married to the appellant and on 08.03.1993 she was found dead in her in laws house. The investigation was carried out and charge sheet was filed by the police in the Court of Additional Chief Judicial Magistrate No.2, Alwar, against the appellant, Jagdish younger brother of the appellant , Smt. , numberdefence witness was examined. 854 of 2004 This is an appeal against the judgment dated 07.10.2003 of the High Court of Rajasthan, Jaipur Bench, in D.B. After statement of the accused under Section 313 of the Code of Criminal Procedure for short Cr. At the trial, the prosecution examined 16 witnesses and exhibited 31 documents. K. PATNAIK, J. CRIMINAL APPEAL No. P.C.
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2010_563.txt
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On 26.3.1984 the arbitrators awarded a sum of Rs.57,47,198 to the companytractors. The companytractors had filed a claim before the arbitrators for a sum of Rs.2,05,67,554. Certain disputes arose between the Union and the companytractors. The companytractors had been awarded a companytract for the execution of certain civil works in companynection with the Metro Railway Project in Calcutta. The claim of the companytractors filed before the arbitra tors was an itemised claim in respect of various items of works executed by them. These are cross appeals by M s. Hind Builders hereinafter referred to as the companytractors and the Union of India. 1280 1281 of 1988. These disputes were referred for decision to two arbitrators appointed by the High Court of Calcutta. K. Banerjee and G.S. The arbitrators entered upon the reference on 27th June. K. Sen, Dr. Shankar Ghosh, Ajay K. Jain, Praveen Kumar and Pramod Dayal for the Appellant. however, companycluded his judgment with the following words The principal sum awarded stands reduced by Rs.5,20,000 as mentioned above. From the Judgment and Order dated 21.4.1987 of the Calcutta High Court in Appeal from Original Order No. 151 of 1987. from an order of Division Bench of the Calcutta High Court in an arbitration matter. 128 of 1985, Award Case No. The Union of India preferred an appeal from the order of the learned single Judge. The Judgment of the Court was delivered by RANGANATHAN, J. Chatterjee for the Respondent. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1990_136.txt
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The Tribunal on the basis of evidence recorded a finding that the bus was involved in the accident. The defence of the respondent before the Tribunal was that the said bus was number at all involved in the accident. The appellant vas travelling in a KSRTC bus bearing No. Thus on a proper appreciation of evidence, the Tribunal was quite justified in recording a finding that the said bus was involved in the accident. The learned companynsel for the appellant urged that the Tribunal, on the basis of evidence, both oral and documentary produced in support of the case of the appellant and withholding of the documentary evidence by the respondent was right in holding that the bus was involved in the accident the High Court gave undue emphasis to technicalities and niceties and arrived at a wrong companyclusion that the bus was number involved in the accident. CAP 3590 on 26.2,1989. The bus was driven in high speed and in a rash and negligent manner when the bus reached Ningadahalli village, passed through a pit On the road, the appellant sustained art injury on fight eye as a broken glass piece of windo pane hit her eye resulting in visual disability to the extent of 35, She filed a claim petition before the Motor Accident Claims Tribunal seeking companypensation. The appellant PW 1 , one Ramchandra Gandhale PW3 , an independent witness who was travelling in the said bus, have spoken in support of the claim. The Tribunal passed an award granting Rs. Before the High Court, the only question that came up for companysideration was whether the motor accident occurred at all as alleged. 53,500 alongwith interest 9. P/4 is the case sheet which shows that the appellant was admitted in the hospital on 27.2.1989. On Appeal by the respondent, the High Court by the impugned judgment set aside the award passed by the Tribunal. This appeal is directed against the judgment and award passed by the High Court of Karnataka and the claimant is the appellant. 2001 3 SCR 747 The following Order of the Court was delivered Leave granted. Hence this appeal.
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2001_1073.txt
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75000 for debenture redemption fund for 1951.52 rs. 75000 and further provision had to be made for redemption of debentures in a sum of rs. 250000 had been made by it for debenture redemption reserve. 150000 for 1953 54 rs. 2.50 lacs by way of provision for debenture redemption fund. they also alleged that the wages paid to them by the appellant fell short of the living wage and therefore the appellant should pay the in six months basic wages as bonus for the relative year. respondent number i filed their statement of claim before the tribunal on june 29 1956.
they alleged that the profits of the appellant during the year 195455 were higher than those during the year 1953 54 for which year the appellant had paid four months basic wages as bonus. in october 1955 respondent i who are workmen represented by the engineering mazdoor sabha made a demand for the payment of six months wages as bonus for the year 1954 55.
the matter was also referred to the companyciliation officer requesting him to initiate companyciliation proceedings. 150000 for 1952 53 rs. may 5.
the judgment of the companyrt was delivered by bhagwati j. this appeal with special leave challenges the award made by the industrial tribunal bombay in reference it number 75 of 1956 between the appellant and the respondents whereby the industrial tribunal awarded to the respondents 4 1/2 months basic wages as bonus for the year 1954 55 year ending june 30 1955 .
the appellant is a subsidiary of the premier companystruction co. limited and manufactures hume pipes. the formula evolved by the full bench of the labour appellate tribunal in millowners association bombay v. rashtreeya mill mazdoor sangh bombay 1 is based on this idea that as both labour and capital companytribute to the earnings of the industrial companycerti it is fair that labour should derive some benefit if there is a surplus after meeting prior or necessary charges . for the year 1950 51 the appellant made a provision for rs. 19029954.
the total capital block as shown in page 5 of the balance sheet for the year ending june 30 1955 was rs. 2450000.
in so far as 7 more years were left before the due date for redemption the appellant claimed rs. the appellant filed its written statement in answer on august 14 1956.
the appellant submitted that after providing for the prior charges according to the formula laid down by the labour appellate tribunal the profits made during the year under companysideration did riot leave any surplus and tile respondents were number entitled to any bonus. in addition to these various sums allowed to the appellant by way of prior charges against the gross profits earned during the accounting year the tribunal also allowed to the appellant rs. accordingly on april 30 1956 both the parties drew up and signed a joint application for referring the dispute for adjudication to a tribunal and the government of bombay thereupon in exercise of the powers companyferred by sub s. 2 of s. 10 of the industrial disputes act 1947 by its order dated june 11 1956 referred the following dispute to the tribunal demand every workman daily rated should be paid bonus for the year 1954 55 year ending 30th june 1955 equivalent to six months wages without it attaching any condition thereto . the claim of the appellant was for a sum of rs. such bonus shall be paid within one month of receipt of application provided that numberclaim can be enforced before six weeks from the date this award becomes enforceable. the respondents are the workers employed in the appellants factory at antop hill wadala bombay. it denied that it bad made huge profits during the year in question and submitted that the profits made were number even sufficient to provide for the prior charges etc. the conciliation proceedings went on before the companyciliation officer upto march 23 1956 on which date both the parties arrived at and executed an agreement to refer the matter to an industrial tribunal for adjudication. civil appellate jurisdiction civil appeal number 54 of 1958.
appeal by special leave from the award dated january 14 1957 of the industrial tribunal at bombay in reference i. t. number 75 of 1956.
c. setalvad attorney generalfor india and i. n. shroff for the appellants. the appellant was thus entitled to rs. 350000 as the annual sum to be set apart though as a matter of fact in the balance sheet only a provision of rs. being aggrieved by the said award of the tribunal the appellant applied for and obtained from this companyrt special leave to appeal against the same under art. v. phadke t. s. venkataraman k. r. sharma and k. r. chaudhury for respondent number i and the intervener. the following were prescribed as the first charges on 1 1950 l.l.j. it has factories in different parts of india pakistan and ceylon. 136 of the constitution and hence this appeal.
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