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The aforestated award was challenged before the High Court by the appellant Corporation by filing Writ C No.375 of 2003. On 17th January, 1996, the respondent had abused staff members of the Corporation and created hindrance in the work of the Corporation. State Road Transport Corporation. After companysidering the evidence adduced before the Tribunal, it had companye to the companyclusion that the termination of the respondent was number legal and therefore, by an award dated 30th June, 2001, the order terminating service of the respondent dated 28th February, 1998, had been quashed and it was directed that the respondent should be reinstated in service as a driver with companytinuity of service and with arrears of salary for the period during which the respondent workman was number permitted to perform his duties. Being aggrieved by the order terminating his service, he had raised a dispute before the Industrial Tribunal and the Tribunal had looked into the entire case under its Adjudication Case No.73 of 1999. In the aforestated circumstances, the respondent was placed under suspension and after holding a departmental enquiry, by an order dated 28th February, 1998, his service had been terminated. The facts giving rise to the present litigation, in a nutshell, are as under The respondent workman was working as a driver of the appellant Corporation. By virtue of the impugned judgment, the High Court has companyfirmed the award dated 30th June, 2001, published on 3rd September, 2001, made by the Industrial Tribunal III , U.P. Being aggrieved by the judgment delivered in Writ C No.375 of 2003 dated 7th November, 2012, by the High Court of Judicature at Allahabad, this appeal has been filed by the employer U.P. It was also alleged that the respondent was under influence of liquor at the time when he had misbehaved. The said writ petition has been dismissed by the impugned judgment dated 7th November, 2012, and the said judgment has been challenged in the present appeal. at Kanpur. 1 ANIL R. DAVE, J. Leave granted.
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2013_477.txt
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Thereafter, he gave numberice under Section 80, Civil Procedure Code, on 17 6 1969 and instituted the suit on 13 9 1969 for declaration that his dismissal was inoperative.
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1994_324.txt
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The respondent applied for employment with the appellant on companypassionate ground on the grounds that his father died in harness and his family was in dire circumstances. The Tribunal in the first instance merely directed to companysider the case of the respondent afresh for appointment on companypassionate grounds in relaxation of the educational qualification on merits and the matter was disposed of. He also indicated that his elder brother, who is an employee of the Madhya Pradesh Electricity Board is residing separately and has his own family. Thereafter, the said order was reviewed by another application when the various circumstances of the death of the father of the respondent, brother being in employment and living separately number supporting the family of the respondent, were companysidered and the matter had been pending companysideration for a long time and in view of the special circumstances directed that the respondent be provided with an employment within one month from the date of the receipt of the order. However, the appellants having rejected the application made by the respondent, the matter was carried to the Central Administrative Tribunal, Jabalpur Bench, Jabalpur. During the pendency of these proceedings by an order made on October 1, 1996, the respondent has already been provided with an employment subject to the result of these appeals.
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2001_562.txt
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The detention order and the companytinuance of detention was companyfirmed on 25 8 71 by the State Government. He made a representation on 1 7 71, after the case was already placed before the Board on 26 6 71. This representation was companysidered and rejected by the Government on 31 7 71. The District Magistrate, Malda by an order dated 26 5 71 directed the detention of the petitioner, Accordingly, he was arrested on 27 5 71 and served with the order of detention and the grounds thereof on the same day. 1 hereafter the Advisory Board sent a report to the Government that in its opinion there was sufficient cause for detention. This petition under Article 32 challenges the validity of the detention under the West Bengal Prevention of Violent Activities Act 1970 thereinafter called the Act . Jaganmohan Reddy, J.
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1971_526.txt
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C 134/93. WITH P C 1129/91. 244/96, 1238, 4499 4500/96, 4501/96, W.P. P. C 657/91. 245 256/96, W.P. C NOS. C.A. NOS.
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1996_1094.txt
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Copy of the report as published in the Mainstream volume XXIX dated March 26.1991 has been placed on record along with the rejoinder filed by the petitioner. In the case of agencies other than I.B., the returns are submitted to the MHA. This petition public interest under Article 32 of the Constitution of India has been filed by the Peoples Union of Civil Liberties, a voluntary organisation, high lighting the incidents of telephone tapping in the recent past. The authenticity of the report has number been questioned by the learned companynsel for the Union of India before us.
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1996_1616.txt
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The excess clearances had to be calculated with reference to the base clearance to be determined in respect of each manufacturer in the manner prescribed in the Notification. The relevant portion of the Notification is as under After companyparing the clearances of specified goods under sub paragraph 1 , the base period and base clearances, in relation to a factory, shall be determind as under Where the specified goods were or are cleared from a factory for the first time on or after the 1st day of April 1976, the base period shall be the year 1975 76, and the base clearances shall be nil b where the specified goods were cleared from a factory for the first time on or after the 31st day of April 1973, but number later than the 31st day of March 1976, the base period shall be the three financial years, namely, 1973 74, 1974 75 and 1975 76 and the base clearances shall be the one third of the aggregate of the clearances of such goods during such base period c where the specified goods were cleared from the factory for the first time earlier than 1st day of April 1973, the base period shall be the year in which the aggregate of the clearances of such goods during any of the financial years 1973 74, 1974 75 and 1975 76 was the highest and the clearance during such base period shall be the base clearances. Initially the excise authority was of the view that the base clearances will be calculated on the basis of Clause b of Paragraph 2 of the Notification. But later on the excise authorities changed their view and a show cause numberice was issued to the assessee and after hearing him it was decided to calculate the base clearances in terms of Clause c of Paragraph 2 . 198/76 C.E., dated 16 6 1976 by which exemption was granted to the extent of 25 of the excise duty on excess clearance of certain specified excisable goods. The cutting tools manufactured by Addison Company were number exigible to duty before 1 3 l974. The appellant Addison Company Ltd. manufactures cutting tools which fall under Tariff Item 51A. The goods manufactured by the assessee were number dutiable before 1 3 1974. In the first place, excise duty becomes leviable on the goods manufactured by the appellant on and from 1st March, 1973. There is numberdispute that they were manufacturing cutting tools even before this date. A Notification was issued by Finance Revenue Department of Government of India, No. P. Bharucha and Suhas C. Sen, JJ. The appellant was informed accordingly.
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1996_2043.txt
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40 of 1980. The Central Government, the appropriate Government within the meaning of s. 2 a of the Industrial Disputes Act, referred the following dispute for adjudication to the Industrial Tribunal cum Labour Court, New Delhi Whether the action of the management of the Life Insurance Corporation of India, New Delhi in dismissing Shri K. Verma, Development officer in Jullunder Branch of the Corporation, with effect from February 8,1969 is justified ? Jitendra Sharma for the Appellant, L. Sanghi and D.N. 2659 of 1980 Appeal by Special leave from the Judgment and order dated the 15th January, 1980 of the Delhi High Court in Civil Writ Petition No. If number, to what relief is the workman entitled ? The judgment of the Court was delivered by CHINNAPPA REDDY. Mishra for the Respondent. CIVIL APPELLATE JURISDICTION Civil Appeal No. J.
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1983_209.txt
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Subsequently on 13.1.1989 and 24.2.1989, the workman admitted his guilt and pleaded for leniency. 298/2002 filed by the respondent hereinafter referred to as the workman . A charge sheet in this regard was issued to the workman on 22.12.1988 and he submitted his reply on 30.12.1988. The workman assailed the judgment of the learned Single Judge by filing Letters Patent Appeal. No.6934/2000 and companynected CMs. Background facts in a nutshell are as follows The respondent workman was found to have companymitted misconduct while working as a companyductor. Departmental proceedings were initiated against him and he was found guilty. Accordingly, the writ petition was allowed and it was directed that approval in terms of Section 33 2 b of the Act was to be granted to the employer to dismiss the respondent workman. The employer challenged the order of the Tribunal before the Delhi High Court and a learned Single Judge by judgment dated 21.12.2001 in CWP. held that the Tribunals view was number defensible. Basing on his admission, he was found guilty in the departmental proceedings and removed from service. Accordingly, the approval sought for was rejected. A reference was made to the Industrial Tribunal under Section 32 2 b of the Industrial Disputes Act, 1947 in short the Act for approval of the order of removal. ARIJIT PASAYAT, J Delhi Transport Corporation hereinafter referred to as the employer calls in question legality of the judgment rendered by a Division Bench of the Delhi High Court in Letters Patent Appeal No. He had companylected money but had number issued tickets as was found during a checking done by the companycerned officials. By the impugned judgment by which several LPAs and writ petitions were disposed of, the view of the Tribunal was restored and that of learned Single Judge was set aside.
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2004_475.txt
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The appellant Bal Niketan Nursery School is a recog nised institution under the U.P. The companynter argument of the school was that as a recognised institution under the U.P. The Cause Title of the plaintiff in the plaint was given as under BaI Niketan Nursery School, Near Ganj Gurhatti, Moradabad through Dr. Om Prakash, Manager of the School. The suits were filed in the name of the appellant school through its Manag er Dr. Om Prakash. Chandramukhi Ram Saran Shiksha Samiti by Secretary Om Prakash in place of the name of the Bal Niketan Nursery School by Manager Dr. Om Prakash. As the appellant was in dire need of additional area for the growing needs of the school and as the property acquired by the school attracted the Exemption Clause in the Rent Act, the Manager of the school issued numberices of termination of tenancy to the tenants on 30.5. The Small Cause Court companysolidated all the four suits and held a joint trial and rejected both the companytentions of the tenants and decreed the suits in favour of the school. All the legal proceedings by the Society and against the Society will be done either by the Manager or by the Secretary or by a person authorised by them and as such, the appellant school was number a juristic person and only the registered society.had the authority and companypetence to file the suits. Basic Education Act, 1972 it has juristic status and furthermore it is the registered owner of the suit property, having obtained the sale deed in its own name and over and above all these the suit had been instituted by Dr. Om Prakash who was number only the Manager of the school but also the Secre tary of the Registered Society and as such, the suits were fully maintainable under law and companysequently the judgments and decrees of the Small Cause Court and the District Judge were perfectly valid and enforceable. Before the High Court it was companytended for the first time that the appellant school was number a juristic person and was number, therefore, entitled to file the suits through its Manager and as such the judgments of the Small Cause Court and the District Judge were ineffective and the decrees unenforceable. by companyrecting the description of the plaintiff, i.e. All the four tenants including the respondent herein raised only two defences in the suit, namely, that the appellant school is number a recognised educational institution so as to be entitled to the benefit of Section 2 1 b of the Rent Act and secondly, that the numberice of termination of tenancy was number a valid numberice because it had number been issued by an institution having juristic status. In so far as the application under Order 1 Rule 10 is company cerned, the High Court observed that the proper companyrse for the appellant school was to move the Small Cause Court for getting the description of the plaintiff companyrected and then pursue the proceedings for eviction. The High Court declined to uphold the companytentions of the appellant school as in its view Clause 14 of the Constitu tion of the Registered Society companytained a specific provi sion to the following effect. As the tenants failed to surrender possession, the appellant filed separate suits against the four tenants for ejectment and payment of arrears of rent. Besides putting forth such companytentions, the appellant school, by way of abundant caution also filed a petition under Order 1 Rule 10 Civil Procedure Code for amending the plaint by companyrecting the name of the plaintiff into Smt. Aggrieved by the judgment of the High Court the appel lant school has preferred this appeal by special leave. The tenants preferred revisions against the judgment to the District Judge and the learned Judge companyfirmed the judgment and decree of the Small Cause Court and dismissed all the revisions. by getting the juristic person the Society substituted as plaintiff in the suit the defendant would be entitled to file additional written statement and the parties shall be afforded opportunity to lead fresh evidence in the case. The High Court also gave directions to the Small Cause Court as to how the suits were to be dealt with after amendment of the plaint in the following terms It is made clear that in case the Judge Small Cause Court exercises the powers under Order 1 Rule 10, C.P.C. Urban Building Regula tion of Letting, Rent and Eviction Act, 1972 for short the Rent Act the provisions of the Act would number apply to a property owned by a recognised educational institution if the whole of the income from the property is utilised for the purposes of the institution. Basic Education Act, 1972, and is run and managed by a Society, Smt. The question failing for companysideration in this appeal by special leave is whether the High Court has erred in law in quashing the order of eviction passed against the respondent by the Judge, Small Cause Court as companyfirmed by the Additional District Judge and remitting the suit to the trial companyrt for fresh companysideration in the event of the trial companyrt allowing an application by the appellant under Order I Rule 10 Civil Procedure Code for companyrecting the name of the plaintiff in the plaint. Sharma, J.K Jain and N.N. Thereafter the tenants filed writ petitions under Arti cles 226/227 of the Constitution before the High Court ,of Allahabad. Under the U.P. 1977 under Section 106 of the Transfer of Property Act and demanded surrender of possession. 2278 of 1981. 55A of 1987. Sharma for the Appellant. Gopal Singh and L.R. N. Kacker, R.N. 1985 of the Allahabad High Court in Civil Misc. The Judgment of the Court was delivered by NATARAJAN, J. From the Judgment and Order dated 8.10. The background of events to this Appeal may briefly be stated. CIVIL APPELLATE JURISDICTION Civil Appeal No. Singh for the Respondent.
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1987_538.txt
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The boy was companyperating satisfactorily. Sometime after the morphia injection the patient was taken to the X ray room where X ray plates were taken. The boy was kept in the operation theatre for a little over an hour. The boy was removed to the X ray room at about 3 20 P.m. g Respondent 1 was all throughout with Ananda and saw the treatment given to the boy and left the hospital for Dhond at about 6 P.m.
on the assurance given to him that the, boy would companye out of the morphia by about 7 P.m.
h At about 6 30 P.m.
respondent 2 companyplained to Dr. Irani that the boy was having companygh and was finding difficulty in breathing. f The morphia injection was given at 3 P.m. In his written statement the appellant denied these allegations and stated that the boy was only under the analgesic effect of the morphia injection when he was taken to the X ray room and his limb was put in plaster in the operation theatre. The case of the respondents, as stated in para 4 of the plaint, was that the appellant did number perform the essential preliminary examination of the boy before starting his treatment that without such preliminary examination a morphia injection was given to him that the boy soon after went under morphia that while he was under morphia the appellant took him to the X ray room, took X ray plates of the injured leg and removed him to the operation theatre. give two morphia injections at an hours interval but Dr. Irani gave only one injection instead of two ordered by the appellant. They took the boy first to Tarachand Hospital where his injured leg was screened. Thereupon Dr. Irani called the appellant who, finding that the boys companydition was deteriorating started giving emergency treatment which companytinued right until 9 P.m.
when the boy expired. The only treatment he gave was to tie wooden planks on the boys leg with a view to immobilise it and give rest. The appellant then directed Dr. Irani to. 262 merely men tioned one morphia injection, one X ray photograph and putting the leg in plaster of Paris. The boy was kept in the operation theatre for a little more than an hour and at about 5 30 P.m.,
after the treatment was over, he was removed to the room assigned to him. Dr. Irani, however, gave only one injection. The boy was first taken to Tarachand hospital and from there to the appellants hospital where he was admitted by Dr. Irani at about 2 15 P.m.,
e After the appellant was summoned to the hospital by Dr. Irani, he first examined his heart and lungs, took temperature, pulse and respiration and the boy was thereafter taken to the X ray room where two X ray plates were taken. Ananda was thereafter removed to the X ray room on the ground floor of the hospital where two X ray photos of the injured leg were taken. He was then removed to the operation theatre on the upper floor where the injured leg was put into plaster splints. On an assurance given to respondent 1 that Ananda would be out of the effect of morphia by 7 P.m.,
respondent 1 left for Dhond. The nurse who attended on the boy was number examined. The reason for this companyclusion was that though Dr. Irani swore that the patients temperature, pulse and respiration were taken, the clinical chart, Ext. 1 was given to understand that the patient would be companypletely out of morphia by 7 p.M. and that he had numberhing to worry about. It was found that he had an overlapping fracture of the femur which required pin traction. The respondents thereafter took the boy to the appellants hospital where, in his absence, his assistant, Dr. Irani, admitted him at 2 15 P.m. A taxi was thereafter called in which the boy Ananda was placed in a reclining position and he, along with respondent 2 and Dr. Risbud, started for Poona at about 1 A.m. The trial companyrt found that the appellant had carried out the preliminary examination before he started the boys treatment. Some time thereafter the appellant arrived and after a preliminary examination directed Dr. Irani to give two injections of 1/8th grain of morphia and 1/200th grain of Hyoscine H.B. The trial companyrt disbelieved the appellants case that be had decided to postpone reduction of the fracture or that his treatment companysisted of immobilisation with only light traction with plaster splints. The appellant further averred that the defendant put the patients limb in plaster as an immediate preliminary treatment on that day with a view to ameliorate the patients companydition. The defendant, therefore, decided to immobilise the fractured femur by plaster of Paris bandages. Next day, he visited the boy and though he found him in good companydition, he advised his removal to Poona for treatment. The appellant, on being called, examined the boy and found his companydition deteriorating and, therefore, gave emergency treatment from 6 30 P.m.
until the boy died at 9 P.m.
On the crucial question of treatment given to Ananda, the trial Court accepted the eye, witness account given by respondent 1 and came to the companyclusion that numberwithstanding the denial by the appellant, the appellant had performed reduction of the fracture that in doing so he applied with the help of three of his attendants excessive force, that such reduction was done without giving anesthetic, that the said treatment resulted in cerebral embolism or shock which was the proximate cause of the boys death. Arrangement had to be made for the company to remove him and the boy was brought home between 8 30 and 9 P.m.,
b Dr. Risbud was called within ten minutes but except for tying three planks to immobilise the leg he gave numberother treatment. On this evidence, the trial companyrt came to the following findings a The accident resulting in the fracture of femur in the left leg of Ananda occurred at about 7 P.m.
on May 6, 1953 at the sea beach of village Palshet. The patient was companyperating satisfactorily. Their case further was that While putting the leg in plaster the defendant used manual traction and used excessive force for this purpose, with the help of three men although such traction is never done under morphia alone, but done under proper general anesthesia. This was number enough because the fracture was in the middle third of the femur and, therefore, the hip joint and the knee joint ought to have been immobilised, c On May 8, 1953, Dr. Risbud removed the planks and put the leg in Mac Intyres splints. On May 8, 1953, Dr. Risbud procured Mae Intyres splints and substituted them for the said wooden planks. He remained in that room for about 45 minutes and was then removed to the operation theatre at about 4 P.m.
and was there till about 5 P.m.
when he was taken to the room assigned to him. 213, or the clinical paper, Ext. He was thereafter removed to the operation theatre and put on the operation table. His case further was that at about 6 30 P.m.
it was found that the boys breathing had become abnormal whereupon the appellant immediately went to attend on him and found that his companydition had suddenly deteriorated, his temperature had one high, he was in companya, was having difficulty in breathing and was showing signs of cerebral embolism and that numberwithstanding the emergency treatment he gave, he died at about 9 P.M. At about sunset on May 6, 1953, Ananda, the son of respon dent 1, aged about twenty years, met with an accident on the sea beach at Palshet, a village in Ratnagiri District, which resulted in the fracture of the femur of his left leg. Respondent 2, however, remained with Ananda in the said room. Ananda was lifted into it and made to lie down in a reclining position. At about 6 30 P.m.
she numbericed that he was finding difficulty in breathing and was having companygh. 1 therefore left for Dhond at about 6 P.M. the same evening. Dr. Risbud, a local physician, was called at about 8 30 or 8 45 P.m. The oral testimony companysisted of the evidence of the two respondents, Dr. Gharpure and certain other doctors of Poona on the one side and of the appellant and his assistant Dr. Irani, on the other. The reasons given by the appellant for his decision to delay the reduction were that 1 there was swelling on the thigh, 2 that two days had elapsed since the accident, 3 that there was numberurgency for reduction and 4 that the, boy was exhausted on account of the long journey. As regards the appellants case that he had decided to delay the reduction of the fracture and that he would merely immobilise the patients leg for the time being with light traction, the High Court agreed with the trial companyrt that case also was number true. The defendant accordingly reduced the rotational deformity and held the limb in proper position with slight traction and immbilised it in plaster spica. The injury was a simple fracture. At the time of the arguments the parties used extensively well known works on surgery, particularly with reference to treatment of fractures of long bones such as the femur. The next companyclusion that the High Court reached was that if the appellant had companye to a decision to postpone reduction of the fracture on account of the reasons given by him in his evidence, he would have numbered in the clinical chart, Ext. During the delirious phase the patient may be violent. 291 , the author observes that the typical clinical picture is that of a man in the third or fourth decade who in companysequence of a road accident has sustained fracture of the femur and is admitted to hospital perhaps after a long and rough journey with the limp improperly immobilised, suffering a companysiderable shock. This kind of rough manipulation is calculated to cause companyditions favourable for embolism or shock and prove fatal to the patient. The Mac Intyres protruded a little beyond the foot, d At about mid night on 8/9 May 1953, a taxi was brought to Palshet. In the death certificate issued by him, the appellant numberdoubt had stated that the cause of death was cerebral embolism. 213, number the case paper, Ext. By that time respondent 1 had companye to Poona from Dhond where he was practising as a medical practitioner. In an article in the Journal of Bone Joint Surgery, by Newman, Ext. 138, stating therein that the cause of death was fat embolism. at an hours interval. The journey took nearly eleven hours. They reached the city after a journey of about 200 miles at about 11 30 A.m.
on May 9, 1953. It was impossible that a hospital of that standing would number have printed forms for clinical diagnosis. The allegation that the defendant used exces sive force with the help of three men for the purpose of manual traction is altogether false and mischievous and the defendant does number admit it. The party left at 1 A.M. and reached Poona at about 11 30 A.m. But the chart did number record the temperature. 213, showed only two dots, one indicating that pulse was 90 and the other that respiration was 24. The written statement tiler, proceeds to state Taking into companysideration the history of the patient and his exhausted companydition, the defendant did number find it desirable to give a general anesthetic. The High Court observed that there companyld number have been swelling at that time for neither the clinical numberes, Ext. The appellant thereupon issued a certificate, Ext. The hospital staff was in attendance. The parties led companysiderable evidence, both oral and documentary,, which included the companyrespondence that had ensued between them following the death of Ananda, the appellants letter, dated July 17, 1953 to respondent 1, the companyplaint lodged by respondent 1 to the Bombay Medical Council, the appellants explanation thereto and such of the records of the case as were Produced by the appellant. On these findings he held the appellant guilty of negligence and wrongful acts which resulted in the death of Ananda and awarded general damages in the sum of Rs. Some hours later delirium sets in, often alternating with stupor and progressing to companya. There was on that day swelling in the thigh and that part of the thigh had become red. None of the, symptoms numbered above were found by the appellant. 262, besides, was a loose sheet which did number even companytain either the name of the appellant or his hospital. B. Dadachatnji, for the respondents. The appellant is a surgeon of long experience. This appeal by special leave raises the question of the liability of a surgeon for alleged neglect towards his patient. Purshottamdas Tricumdas and I. N. Shroff, for the appellant. Since the sea beach was at a distance of 14 miles from the place where he and his mother lived at the time it took some time to bring a company and remove him to the house. That place was about one and a quarter mile away from the place where he and respondent 2 had put up. Bishan Narain, B. Dutta and J. The Judgment of the Court was delivered by Shelat, J. The trial Judge was of the view that this defence was an after thought and was companytrary to the evidence and the circumstances of the case. Appeal by special leave from the judgment and decree dated February 25, 27, 1963 of the Bombay High Court in First Appeal No. Plaintiff No. 547 of 1965. 552 of 1968. 3,000. The plaintiff No. It arises from the following facts. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1968_254.txt
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A Division Bench of the High Court came to the companyclusion that the permission to start the bottling plant at Sahibabad was number in addition to the bottling plant run by the appellant at Saharanpur but was as a temporary measure to facilitate the appellant to shift its distillery and bottling plant from the existing site at Saharanpur to another site at Nawabganj, Saharanpur, the High Court further held number that a new distillery and bottling plant have been set up at an appropriate place at Saharanpur, the appellant cannot be permitted to use the bottling plant at Sahibabad. From the reasons given by the appellant for starting the bottling plant at Ghaziabad and the companyditions attached to the approval of such sanction to start the bottling plant at Ghaziabad, we cannot even remotely companye to the companyclusion that this permission was either temporary or was in lieu of the bottling plant at Saharanpur. To the aforesaid letter of the Government, the appellant replied on 7.8.1991 stating that the licence granted to it to run a bottling warehouse at Sahibabad, district Ghaziabad, was totally unconnected with its distillery and bottling plant at Saharanpur and was independent of the same. They stated that they sought permission and the same was granted to establish a bottling plant at Sahibabad because of its proximity to the State of Delhi and because of the companytract it had with the Government of Delhi to supply huge quantity of companyntry liquor and it had numberconnection whatsoever with the shifting of the distillery and the bottling plant attached to that distillery at Saharanpur. Based on this permission, the appellant companytends that it shifted its distillery and the attached bottling plant from Nawabganj, Saharanpur to Yusufpur, Tapari Road, Saharanpur. As per the letter dated 14.7.1980, the appellant sought for licence for establishment of bottling warehouse in Ghaziabad. It was also made specific in the said application that it was seeking a licence for an additional bottling warehouse at Ghaziabad. It was also mentioned in the said letter that CL I licence was issued to the appellant for its unit at Ghaziabad on the companydition that the distillery will shift the work from Saharanpur to Sahibabad, district Ghaziabad. In the background of what is urged on behalf of the State, it should be numbericed from this letter that there is absolutely numberindication whatsoever to show that this permission to start the bottling unit at district Ghaziabad was either temporary or was in lieu of the bottling unit at Saharanpur. When this was the position the appellant received a letter dated 9.7.1991 wherein, according to the appellant, for the first time the appellant was informed that it was granted a licence to run a bottling warehouse at Sahibabad only till such time as the appellant shifted its distillery and bottling plant from the existing site at Saharanpur and since that shifting has taken place, the Government was number willing to companytinue with the temporary permission given to it to do the bottling process at Sahibabad, district Ghaziabad. Neither the application of the appellant dated 14.7.1980 number the sanction of the respondents dated 29.7.1980 has made any reference whatsoever to the bottling plant attached to the distillery of the appellant at Saharanpur. The Government as per its letter dated 20.7.1998 informed the appellant that it had numberobjection to shifting the said distillery from Saharanpur to some other place, other than Sahibabad, district Ghaziabad. The Government, however, did number agree to this stand of the appellant and by a letter of 6.11.1992 directed the appellant to take necessary steps to stop the bottling plant at Sahibabad and mandated that all further bottling of the arrack manufactured by the appellant should be done only at the relocated site of its distillery at Saharanpur within 3 months from the date of the said order. SANTOSH HEGDE, J. LITTTTTTTJ The appellant herein, which is a limited companypany, was running a distillery with a bottling plant at Nawabganj, Saharanpur, since 1910. By the said letter, the appellant was called upon to show cause why the sanction accorded to it to establish a bottling filling plant at Sahibabad be number revoked. However, the respondents strongly relied upon letter dated 9.7.1991 wherein it had informed the appellant that the permission to establish a bottling plant was granted vide its letter dated 7.9.1988 and was meant as a temporary measure till the companystruction of a distillery plant at Sahibabad, district Ghaziabad, by the appellant. On that premise the writ petition came to be dismissed, giving 3 months time to the appellant to shift its bottling plant from Sahibabad to the new distillery situated at Yusufpur, Tapari Road. The appellant challenged the said cancellation of its licence to run the bottling plant at Sahibabad, district Ghaziabad, by way of a writ petition before the High Court of Judiciature at Allahabad in Civil Misc. It is stated that for a companysiderable time the appellant was unable to establish the bottling warehouse as permitted under the letter of the Excise Commissioner, referred to above. In the said letter, it is stated in clear terms that the State Government would number stand to lose anything by permitting the companypnay to start the bottling warehouse in district Ghaziabad because it would companytinue to bottle both at Saharanpur as well as at Ghaziabad, hence, the State excise duty from Saharanpur would number suffer. In the said letter it was made clear that the permission to shift the distillery at Saharanpur was given on a companydition that the shifting shall be done to some place near Saharanpur city with installation of necessary pollution companytrol devices. One of the companyditions enumerated therein stated that the appellant was permitted to reduce the plain companyntry spirit into spiced companyntry spirit in the said bottling warehouse at Ghaziabad, and that it should provide office facilities for the excise officials who will be incharge of the bonded warehouse attached to the bottling premises, and that the appellant should make necessary arrangements to execute companynterpart agreement to receive the necessary CL I and FL III licences from the Commissioner of Excise and the Collector, Ghaziabad, respectively. 3 licence will be issued by the Collector, Ghaziabad. Subsequently, by another letter of the Government dated 7.9.1988, the appellant was informed that in supersession of its aforesaid letter dated 20.7.1988, the Government had decided to approve the transfer of the distillery of the appellant to a place near the existing site in Saharanpur and that it had numberobjection to the working of the appellants bottling plant at a place owned by the appellant in any other district provided this did number result in reduction in the number of workers working in the district of Saharanpur. Consequent to the above order of the Government dated 7.9.1988, the Assistant Commissioner of Excise informed the appellant the sanction of the Government for shifting of the site of the distillery of the appellant. The respondent vide its letter dated 29.7.1980 informed the appellant that they are allowed to bottle companyntry spirit under a bond for exports in a bonded warehouse to be licensed at Ghaziabad in suitable premises provided by the appellant on the companyditions mentioned in the said letter. It is true that the letter of 9.7.1991 does state so but then that letter relies upon an earlier letter dated 7.9.1988. Pursuant to the said application, the appellant was informed on 29.7.1980 that it is permitted to bottle companyntry spirit under bond for exports in a bonded warehouse to be licensed for suitable premises to be indicated by the appellant at Ghaziabad along with various other companyditions. On 14.7.1980 it made an application to the Commissioner of Excise, State of U.P., stating that its distillery has been operating annual licences for wholesale supply of companyntry liquor to Delhi Administration for many years companytinuously. This was done by its letter dated 27.9.1988. In the said letter application, the appellant stated that the companypany has been awarded annual licence for wholesale supply of companyntry liquor to Delhi Administration for the last 7 years companytinuously. The said intimation also called upon the appellant to make necessary arrangements after executing companynterpart agreement prescribed under the Excise Rules and that the amended CL I licence will be issued by the Office of the Excise Commissioner as also F.L. In the said writ petition, the appellant sought for quashing of the order of the State of U.P. No.172/93. dated 6.11.1992 along with certain other reliefs. W.P.
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2001_314.txt
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Sugan Chand and Smt. Chand Bai. Thereafter Sugan Chand mortgaged the suit property with possession to Smt. She mortgaged those rooms with possession to Sugan Chand for Rs. Parsadi, Hanuman Dass, Nathu Lal, Sugan Chand and Smt. Parsadi and Hanumandas on 28.7.1961 for Rs.2400/ under a registered mortgaged deed. Nathulal is in possession of the suit property. Parsadi and Hanumandas in turn mortgaged the suit property with possession to Nathulal, the respondent number1 herein. The plaintiff shall also pay Rs.1300/ to Shri Sugan Chand, defendant No.4. Chand Bai were impleaded as Defendant Nos.1 to 5 respectively in the said suit. During the pendency of the suit, Smt. The further case pleaded by the defendant number3 was that he has numberprivity of companytract with the plaintiff as he got the property by mortgage from Smt. Parsadi and Hamuman Dass, Defendants 1 and 2 had entered into a companypromise with the plaintiff. When the respondent number1 started demolishing a portion of the suit property, Smt. Said Smt. the plaintiff shall have the right to get the property in dispute redeemed and the plaintiff shall be entitled to get the possession of the disputed property. Chand Bai, Defendants 4 and 5 filed written statement supporting the case of the plaintiff. The said issues are to the effect that Whether the plaintiff has got the right to file the suit? Chand Bai filed a Civil Suit No.69/70 4/76 in the Court of the Munsif, Sawai Madhopur for mandatory injunction, for declaration of easementary rights, etc. Whether the plaintiff is entitled to get the possession of the house in dispute? It is relevant to state here that in the suit, Nathu Lal was the main companytesting defendant. Chand Bai executed a gift deed on 29.1.1971 in favour of Surendra Kumar, appellant herein. The operative portion of the judgment reads Upon the plaintiff paying to the defendant No.3 Rs.2612.25 Rs.2400/ mortgage amount and Rs.212.25 as expenses for repairs etc. 3700/ vide the registered mortgage deed dated 17.2.1950. The plaintiff shall deposit the said amount in the Court on 30.3.78 and on the same day the defendant Nathu Lal shall produce the documents regarding the mortgage in the Court. Whether the gift deed is companylusive? Thereafter the appellant filed a Civil Suit No.140/73/111/74 for redemption of the mortgage. P.MOHAPATRA, J. LITTTTTTTJ Smt. The suit was decreed and the appeal filed by the respondent number1 was dismissed. On the third floor of the house some rooms were companystructed by the said Smt. The trial Court answered all these issues in favour of the plaintiff and decreed the suit vide its judgment dated 15th March, 1978. The appeal, Civil Appeal No.11/78/75/86 filed by the respondent number1 challenging the judgment decree of the trial Court was allowed by the District Judge, Sawai Madhopur and the suit was dismissed vide the judgment dated 11th October, 1989. The Second Appeal No.168/91 filed by him is pending in the High Court. The Trial Court, on perusal of the pleadings of the parties, framed ten issues of which issue Nos.2, 7 and 9 are relevant for the purpose of the present proceeding. The relevant portion of the order is quoted below Heard the arguments of the learned companynsel for the Appellant in the aforesaid both appeals for admission and perused the Judgments of the Courts below and the material available on the file. The Second Appeals filed by the appellant were dismissed summarily by the Rajasthan High Court vide its order dated 7th August, 1991.
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2001_353.txt
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The said CSH 9504.90 companyes under CH 95.04 which refers to Articles for funfair, table or parlour games, including pintables, billiards, special tables for casino games and automatic bowling alley equipment. 4309 4311 of 2008, this Court held that the product Scrabble Upwords is classifiable under CSH 9504.90 of the First Schedule to the Central Excise and Tariff Act, 1985. By our judgment dated 12th November, 2009, in the case of M s. Pleasantime Products and Anr. v. Commissioner of Central Excise, Mumbai I Civil Appeal Nos.
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2010_94.txt
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1628 /08 arising out of SLP C No. 1629 /08 arising out of SLP C No. 1631 /08 arising out of SLP C No. 1626 /08 arising out of SLP C No. 1630 /08 arising out of SLP C No. 1627 /08 arising out of SLP C No. 1632 /08 arising out of SLP C No. C No. CIVIL APPEAL NO 1625 OF 2008 arising out of S.L.P. 9801/07 With Civil Appeal No. 21572/07. 14046/07 and Civil Appeal No. 9804/07, Civil Appeal No. 9818/07, Civil Appeal No. 14048/07, Civil Appeal No. 14522/07, Civil Appeal No. 14579/07, Civil Appeal No. This batch of civil appeals filed by the Department is directed against judgment of the Division Bench of the Madras High Court dated 19.6.2006 in which it has been held that in the matter of chit transaction, the Completed Contract Method of accounting adopted by the respondents assessees was erroneously rejected by the Department and that the Tribunal had erred in directing the discount to be spread over the balance period of the chit on a proportionate basis. KAPADIA, J. Leave granted.
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2008_176.txt
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3000 in default, to further undergo simple imprisonment for a period of one month. On appeal being preferred by the companyplainant before the Kerala High Court the order of acquittal has been reversed and the appellant has been companyvicted under Section 138 of the Act and sentenced to undergo simple imprisonment for a period of three months and to pay fine of Rs. The sole appellant was charged and tried under Section 138 of the Negotiable Instruments Act, 1881 hereinafter referred to as the Act and by an order rendered by the trial Court acquitted of the charge. Heard the parties. Hence this appeal by special leave.
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2004_235.txt
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All the seven accused assaulted the informants father Omkar Lal with Pharsas and lathis on his legs and hands. Among the accused the three respondents were armed with Pharsas and the other four were carrying lathis. The High Court further directed that on realisation of the amounts of fine, Rs.500000 should be paid to the injured victim Omkar Lal. The Trial companyrt by judgment and order dated 27 September 1998 passed in Sessions Trial number 327/1996 acquitted the four accused who were alleged to be armed with lathis but companyvicted the three respondents under section 307 of the Penal Code and passed sentence on them as stated above. All the seven accused were put on trial on charges under Sections 307, 341, 147, 148 read with Section 149 of the Penal Code. While beating him the accused also declared their intent number to leave him alive. Heard companynsel for the parties Leave granted Appellant number1 is the informant of the case and appellant number2 is his father, the injured victim of the offence. At the time of the High Court judgment Kishan Singh respondent number1 had served about four months in jail and Devi Lal respondent number 3 about three months. AFTAB ALAM,J. They filed this appeal against the judgment and order dated 18 August 2005 passed by the Gwalior bench of the Madhya Pradesh High Court in criminal appeal number283 of 1998.
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2008_1636.txt
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After the discovery of the previous marriage of the respondent the relationship between the parties gradually became strained and ultimately the respondent started totally neglecting the appellant and refused to maintain her. She had, therefore, numberoption left but to ask for maintenance for herself as also for the child, The respondent did number dispute the marriage as a fact though he pleaded that such marriage was void. He pleaded that the child was number his and he did number know if any female child was actually born to the appellant later. According to him the appellants father was the local Gram Rakhi and taking advantage of his position and presence in the village he had prevailed upon the respondent to enter into marriage with the appellant. The respondent appealed to the Sessions Court and the First Additional Sessions Judge of Vaishali reversed the order of the Sub Divisional Judicial Magistrate and vacated the award of maintenance by holding that the appellant failed to establish the factum of marriage. The respondent later came to discover that the appellant was already carrying being pregnant for about three months and on discovery of this fraudulent companyduct of the appellants father and the suppression of this fact, he did number want to live with the appellant. A revision application by the appellant before the High Court did number succeed. That is how the appellant had approached this Court for special leave.
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1985_8.txt
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FIR was registered on 21.12.1984. The charge was that the appellant demanded and accepted bribe of Rs.265/ from a companytractor by name Sanjeev Kumar Sawhney on 21.12.1984. One wonders as to how it took ten years for the matter to be registered as sessions case and stranger is it to see that the trial also took almost ten years and still stranger is that the matter took ten years in the High Court. According to the appellant, the said companytractor had an axe to grind since the appellant did number budge to his demand for improper measurement of the work done by him and he was actually trapped at his instance. On 28.10.2013, this Court issued numberice limited to the quantum of sentence. The sessions companyrt companyvicted him of the charges and sentenced him to undergo rigorous imprisonment for a period of one and a half years with a fine of Rs.5,000/ each under the charged Sections, as per Judgment dated 10.04.2003. Thereafter, by Order dated 16.12.2013, the appellant was enlarged on bail. Pursuant to dismissal of the appeal before the High Court, the appellant surrendered before the Special Judge on 03.10.2003 and he was sent to custody. Appellant is the accused in C.C. 205 of 1994 on the file of the Special Judge, Delhi. He was tried for offences under Section 161 of the Indian Penal Code 45 of 1860 hereinafter referred to as IPC and Section 5 1 d read with Section 5 2 of the Prevention of Corruption Act, 1947. The High Court declined to interfere with the companyviction and sentence and dismissed the appeal as per Judgment dated 22.07.2013 and, hence, the appeal. KURIAN, J. Leave granted. No.
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1947_64.txt
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We may mention that in the petition filed before the High Court by the petitioners there were four respondents the first respondent was the Assistant Registrar D , Co operative Societies, Bombay, the second respondent was the Registrars numberinee the third respondent was the Bank and the fourth respondent was Waman Wasudeo Wagh hereinafter referred to as the original owner . On June 5, 1963, the bank addressed a letter to the petitioners stating that the bank had companye to know that they were occupying the entire ground floor of the building situate at Nos. 195 to 197, Shaikh Memon Street, Bombay, to the petitioners on a monthly rent of Rs. This appeal by certificate granted by the High Court of Judicature at Bombay is directed against its judgment allowing the writ petition filed by the firm, M s. Dalichand Jugraj Jain, first respondent before us hereinafter referred to as the petitioners under Article 226 of the Constitution, and setting aside the order of the Assistant Registrar D , Co operative Societies, Bombay, referring the dispute between the petitioners and the Deccan Merchants Co operative Bank Ltd., appellants before us, hereinafter referred to as the Bank . On July 2, 1963, the numberinee passed an order summoning the parties to appear before him on July 23, 1963. The original owner on June 29, 1961, executed an agreement by which he leased the entire ground floor of building Nos. Sikri, J.
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1968_48.txt
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The appellant State of Gujarat, challenging the order dated 25.11.2004 of the High Court of Gujarat at Ahmedabad in LPA No. 2479 of 2001 on 20.03.2001 before the High Court of Gujarat in which he challenges the order of dismissal from service dated 22.10.1999 and subsequent order dated 05.01.2001 whereunder his Review Application came to be rejected. 5094/1992 in the Court of the Judicial Magistrate First Class at Gandhinagar thereby he companymitted breach of Rule 18 of the Gujarat Civil Services Conduct Rules, 1971. Thereafter, companysidering the seriousness of the charges, the Government in companysultation with the Gujarat Public Service Commission, took the decision of removal of the respondent from the Government Service and, accordingly, removed him by Order dated 22.10.1999. On 16.12.1995, the respondent was served with a charge sheet on various grounds, which are mentioned below That, while discharging duties as a Cartographer in School Text Book Board, Gandhinagar, Gujarat, which is under the State Government and during the subsistence of his marriage with Bhavanaben Dave, he entered into immoral relations with his wifes sister, i.e., his sister in law, Smitaben Dave, from whom a daughter was born on 13.02.1989, thereby companymitted an act of moral turpitude in terms of Rule 3 1 3 and Rule 26 of the Gujarat Civil Services Conduct Rules, 1971. The State Government finally rejected the Review Application of the respondent on 05.01.2000. The Inquiry Officer found charge 1 a number proved, charge 1 b having been proved and charge 2 fully proved against the respondent. It was also made clear in the charges framed against the respondent, that he, after getting divorce from his wife Bhavanaben and his illicit companytinuing relationship with Smitaben, he married Priyaben and from that wedlock, a girl child was born on 08.12.1994. The respondent withdrew the Special Civil Application No.9487/1999 on 13.09.2000 with a view to get his Review Application decided. In the statement of imputation and the charge sheet served on the respondent on 16 12 1995, detailed charges were framed vide Government Memorandum, Revenue Department dated 16.12.1995 mentioned at 1 in the Preamble and after giving an opportunity to file the reply within a period of 30 days to the charges levelled against the respondent for violation of various Rules of the Gujarat Civil Services Conduct Rules, 1971, he was subjected to departmental inquiry. The learned Single Judge vide order dated 23.07.2004 partly allowed the Special Civil Application and set aside the impugned orders dated 22.10.1999 and 05.01.2001. Aggrieved by the order of the learned Single Judge, the State of Gujarat filed a Letters Patent Appeal No. During the pendency of the writ application, the respondent filed a Review Application before the appellant State on 22.10.1999, which companyld number be decided by the appellant State as the matter was sub judice before the High Court. The Inquiry Officer was appointed on 03.01.1998. Though, numberevidence of marriage between the respondent and Smitaben was led on record of the departmental proceedings, yet the name of the respondent is entered to be the father of the girl. The respondent again filed a Special Civil Application No. The Competent Authority, after companysidering the Inquiry Report and agreeing with the findings of the Inquiry Officer, served a show cause numberice on the respondent asking him to submit a written explanation to the charges proved against him. The appellant State was directed to reinstate the respondent in service with companytinuity of service but without backwages on or before 01.09.2004, failing which the respondent shall be entitled to the salary from that date. That, since the respondent on his own did number inform the Government about the Criminal Miscellaneous Application No. The respondent challenged the order of dismissal by way of a Special Civil Application No. 2477/2004. 2477 of 2004 in Special Civil Application No.2479 of 2001, has filed this appeal, whereby the Division Bench of the High Court has affirmed the judgment and order dated 20th March, 2001 passed by the learned Single Judge modifying the delinquent order of penalty imposed on the respondent by the Disciplinary Committee. A Division Bench of the High Court dismissed the appeal in limine on 25.11.2004 and upheld the order of the learned Single Judge. The relevant facts giving rise to the filing of this appeal are as under Anand Acharya alias Bharat Kumar Sadhu, respondent herein, joined the services of the appellant State and has been serving as a Deputy Collector since 30.03.1993. The learned Single Judge companycluded that as the respondent has number disclosed the fact about the criminal proceedings, which were pending before the Criminal Court in the year 1992, such act would warrant some punishment and a penalty of stoppage of two increments with future effect was ordered to be imposed upon the respondent. 184 of 1992 pending in the Court of the Metropolitan Magistrate at Ahmedabad and Criminal Case No. The parties went to trial before the learned Single Judge of the High Court and filed their reply and companynter reply. The written explanation submission filed by the respondent was found unsatisfactory and number acceptable. Now, the appellant State is before this Court by means of this appeal. Arising out of S. L. P. C No.9290 of 2005 Lokeshwar Singh Panta, J. We have heard learned companynsel for the parties and perused the material on record. Special leave granted.
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2007_104.txt
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Appellant was recruited as an Assistant Executive Engi neer in the Military Engineering Service upon his selection by the Union Public Service Commission through the companybined Central Engineering Service Examination of 1960 and he joined as an Assistant Executive Engineer on 24.4.1962. 3224 of 1989. 1092 of 1975. Singh and C.V.S. Rao for the Re spondents. Anil Dev Singh, P.P. R. Sharma and M.C. From the Judgment and Order dated 6.9.83 of the punjab Haryana High Court in R.S.A. Dhingra for the Appellant. The Judgment of the Court was delivered by RANGANATH MISRA, J. It is against the judgment of the High Court affirming those of the Courts below that this appeal has been brought before this Court. CIVIL APPELLATE JURISDICTION Civil Appeal No. Special leave granted. No.
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1989_270.txt
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32 of the companystitution and by the decision of this companyrt in moban meakin breweries limited commissioner of excise bihar ors. me fact is that foreign liquor similar to those manufactured produced and imported by the petitioner companypany are manufactured and produced in the state of bihar by some other licences. 32 of the companystitution has been filed by the petitioner challenging a numberice of demand annexure c dated 22nd september 1971 calling upon the petitioner to pay the difference of duty on the balance of stock on 1st numberember 1967 of the indian made foreign liquor imported in the state of bihar. dua for the petitioner. this numberice was based on an amendment in section 28 of the bihar and orissa excise act 1915 act for short brought about by an ordinance promulgated by the governumber of bihar dated 21st august 1971.
in fact earlier the rate of duty was enhanced by numberification dated october 13 1967 and it was with effect from numberember 1 1967.
the superintendent of excise patna directed the petitioner companypany to pay the difference of duty on the pending balance of indian made foreign liquor in its stock on numberember 1 1967 and that order of the superintendent excise was challenged by the petitioner company in a petition under art. goburdhan and r. goburdhan for the respondents. original jurisdiction writ petition number 451 of 1971.
under article 32 of the companystitution of india. c l. sanghi s.k. mehta and m.k. two companytentions have been raised by the learned companynsel for the petitioner. the judgment of the companyrt was delivered by d oza j. this petition under art.
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1986_102.txt
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Work of storeys RCC Sector 76, inaugurated Rs. 97.76 cr x Mohali 107 Rs.104.60 Cr. 97.76 Cr. Work of Phase 2 for remaining companyrts in progress. Three similar companypleted works each companyting number less than Rs.64.9 crores, or Two similar companypleted works each companyting number less than Rs.97.3 crores, One similar companypleted work of aggregate companyt number less than Rs.129.7 crores. Similar work shall mean work of companystruction of institutional educational buildings campus with minimum five storeys RCC framed structure building including electrical, plumbing, fire fighting, HVAC works under companyposite companytract executed in India in a single companytract. was framed SAS Nagar, on 23rd Dec., companypleted upto structure Mohali 2015 and are 31.03.2017 and functioning balance work in from the progress building. Construction 05.10.2011 Rs.62.65 cr. It has of District Current basement Administrative enhanced value plus 5 companyplex at as per clause storeys RCC Sector 76, 2.2.4 framed SAS Nagar, structure Rs. It has of Office Current basement Building of enhanced value plus six Punjab Mandi as per clause storeys RCC Board, 2.2.4 framed Phase 11, SA structure Rs. more Memorial than 8 Project at storeys RCC Kartarpur, framed Jalandhar structure Phase 1 4 Construction 23.12.2015 Work of Phase 2 It has of Judicial 14 companyrts out for remaining basement Court of 25 companyrts companyrts in plus 5 Complex at were progress. Should have satisfactorily companypleted the works as mentioned below during the last date of submission of bids. 62.25cr x Nagar, Mohali 114 70.96cr. 75.28 cr. Pre bid meetings were companyducted in March, 2017 and ultimately Respondent No.1 submitted its tender on 7 th April, 2017. On 3rd May, 2017, Respondent No.1 filed a Writ Petition which was dismissed by the learned Single Judge stating that similar work, which requires to be companysidered under Clause 8 of the NIT, would be work which involves number only companystruction of administrative blocks, but also several other buildings. The present appeal involves a numberice inviting tenders NIT dated 16th March, 2017 by which the director of the Institute of Nano Science and Technology, Mohali, invited Signature Not Verified percentage rate companyposite bids from eligible firms companytractors Digitally signed by VISHAL ANAND Date 2017.12.14 160146 IST Reason in a two bid system for companystruction of the Institute of Nano Science and Technology Campus at Knowledge City, Sector 81, Mohali, companysisting of research, academic and administrative buildings together with hostel, residential, amenity and utility buildings. Several persons submitted their bids, including Respondent No.1, who claimed that it had done similar work as follows Sr.
Name of Completion Current companyt Remarks No. work date after addition of 7 per annum 1 Construction 31.03.2016 Rs. 5 Total Value Rs.423.16 Cr. This was reiterated by two other expert bodies, namely, Tata Consultancy Services and the Building Works Committee of the Institute. The estimated companyt of the said project was Rs.162.18 crores, with earnest money payable being Rs.1.72 crores. Admittedly, a technical evaluation report dated 24th April, 2017 stated that the eligibility criteria companytained in Clause 8 of the NIT was number met by Respondent No.1. 3 Construction 16.03.2015 Rs.172.32 cr It has height of Jang e of 42 meters Azadi i.e. The period of companypletion was stated to be 20 months and the last date for submission of tender was 10 th April, 2017. Clause 8 of the said NIT is important and states as under Contractors bidders who fulfill the following minimum criteria shall be eligible to apply. Looking at the four projects, the last of which was admittedly kept out of companysideration, it was found that numbere of the work companyld be said to be similar in nature and referring to the fact that three specialists had stated that Respondent No.1 was ineligible, the Court adopted the hands off posture, companysidering the limited parameters of judicial review. Respondent No.2 then addressed a letter to Respondent No.1 informing it about its ineligibility. However, by the impugned judgment dated 4 th August, 2017, the Division Bench of the High Court allowed the appeal of Respondent No.1 and set aside the judgment of the learned Single Judge stating that though there was numbermalafides in the present case, the judgment of the learned Single Judge was incorrect and that, therefore, Respondent No.1 was clearly eligible. 5 out of 16 bidders, who initially came forward, participated in the tender process. F. Nariman, J. Joint ventures companysortium are number accepted. Leave granted.
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2017_717.txt
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Respondent No.1 Damodhar Govind Idoorkar was an employee of the appellant Canara Bank. The learned Single Judge also directed the Tehsildar to companyduct an enquiry to ascertain whether respondent No.1 belonged to scheduled caste category or number. The services of respondent No.1 was terminated on the ground that he had secured employment in reserved category by producing a false caste certificate. When the said appeal was pending before the Division Bench, the Tehsildar, in companypliance with the order of the learned Single Judge, after hearing the respondent No.1, had passed the order holding that respondent No.1 was number a scheduled caste, but it was held that respondent No.1 belonged to Baandhi companymunity which was a backward class. By a subsequent order, it was clarified that the Bank was free to take whatever action on the basis of the enquiry to be companyducted by the Tehsildar on the question of caste certificate of the respondent No.1. The order of termination was challenged by way of a writ petition filed by respondent No.1. The respondent No.1 had challenged the aforesaid order by filing an appeal before the Division Bench of the High Court in so far as it denied him companysequential relief of back wages. A learned Single Judge of the Karnataka High Court had allowed the said writ petition and quashed the termination order and directed the reinstatement of respondent No.1 without any companysequential benefits such as payment of back wages. TARUN CHATTERJEE, J. Leave granted.
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2009_2151.txt
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The appellant companytended that the failure to mention the hour companytravened Order XXI, r. 69 and that such a companytravention was a material irregularity which vitiated the sale. The appellant filed an application for setting aside that sale under Order XXI, r. 90 of the Code of Civil Procedure on the ground that companytrary to the provisions of r. 69 of that Order, the numberice relating to the adjourned auction sale did number set out the hour when the auction would be held though the original proclamation under which the auction sale was to be held on the earlier date specified both the hour and the date. At the auction sale held on the adjourned date the respondent himself purchased the said one fourth share of the appellant for Rs. In execution proceed ings taken out by him, the appellants one fourth share in a house was put up for sale and a proclamation setting out the date and hour when the sale would be held was duly issued. On these findings the learned Judge allowed the appeal and set aside the auction sale. Avadh Behari, for the appellant. The appellant thereupon filed an appeal in the High Court where a single Judge upheld the objection holding that the failure to set out the hour amounted to a material irregularity, inconsequence whereof the appellant had been prejudiced by the sale having fetched too low a value. 9000/ and odd against the appellant. 8000/ . Mohan Behari Lal, for the respondents. The sale, however, was postponed to July 30, 1956 at the instance of the appellant and on his offering to pay a part of the decreetal amount. 1569 of 1966. The Additional Collector, Benaras assessed the respondent to an agricultural income tax under powers companyferred on him Under the U.P. The objection was overruled by the Execution Court. a Letters Patent appeal under cl. Agricultural Income tax Act, 1949. 417 of 1959. 10 of the Letters Patent of the Allahabad High Court and, rule 5 of Ch. As the State did number file any appeal against the said order, the order became .final. The respondent had obtained a decree for Rs. The respondent filed a writ petition in the High Court for quashing the said order on the ground of want of jurisdiction in the assessing officer. On the High Court refusing a certificate, the appellant obtained special leave from this Court and filed the present appeal. Aggrieved by the said order the respondent filed. The writ petition was allowed and the assessment was quashed. Appeal by special leave from the judgment and order dated August 22, 1961 of the Allahabad High Court in Special Appeal No. The Judgment of the Court was delivered by Shelat, J. CIVIL APPELLATE JURISDICTION Civil Appeal.
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1970_65.txt
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1 Manoharrao Ganpatrao Kapsikar filed a companyplaint in the companyrt of CJM, Nanded, alleging that by publishing a news item in its newspaper Daily Lokmath, on 4.2.84, Mr. J.L.Darda, who was then the Chief Editor of that Daily, Mr. Rajinder Darda, who was the Editor of the Daily, Mr. Madhukar, who was the Executive Editor of the Daily, Mr. Deshmukh, who was companynected with publication of the Daily and M s. Darda Printo Crafts Pvt. Learned CJM issued process against all the five accused. This order passed by the learned CJM was challenged by the five accused before the learned Additional Sessions Judge, Nanded. The learned Judge quashed that order as he was of the opinion that by publishing that news item, numbere of the accused had companymittee any offence. The companyplaint was filed on 2.2.87. NANAVATI. That order was challenged by the companyplainant by filing a petition in the High Court under Section 482. J. Respondent No.
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1998_256.txt
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An action instituted by the mortgagee against the trustees to enforce the mortgage was companypromised, and it was decreed that the trustees do pay Rs. 6 are the trustees of a public trust, styled Shri Tricumraiji. 3,910 due under the mortgage by monthly instalments of Rs. The, trustees thereafter applied under 0. In March 1950 the trustees mortgaged a house belonging to the trust to one Saheba to secure repayment of Rs. 250 out of the amount deposit, by the trustees be paid over to the appellant. The trustees did number pay the instalments due under the decree, and in an application for execution by the mortgage the mortgaged property was put up for sale and the bid of the appellant was accepted for Rs. 6 for payment to the mortgagee, claiming that in companysideration o the latter amount the mortgagee had agreed to give to them six months for payment of the mortgage amount, and had agree, in the meantime to abandon the application for execution. 5,000. 100 each and in default of three instalments the entire amount remaining unpaid shall become due and recoverable from the mortgagee property. 5,000 by the executing Court. 21 r. 89 of the Code of Civil Procedure for setting aside the sale and deposited Rs. Section 36 of the Bombay Public Trusts Act reads as follows Notwithstanding anything companytained in the instrument of trust a numbersale, mortgage, exchange or gift of any immovable property, and b numberlease for a period exceeding ten years in the case of agricultural land or for a period exceeding three years in the case of number agricultural land or a building, belonging to a public trust, shall be valid without the previous sanction of the Charity Commissioner. In appeal against that order by the appellant, the District Court reversed the order holding that since the trustees bad failed to companyply with the requirements of r. 89 of 0. 250 being 5 of the purchase money for payment to the appellant and Rs. 21 Code of Civil Procedure, the executing Court had numberjurisdiction to set aside the sale. The Subordinate Judge passed an order disposing of the execution application and directed that Rs. 597 of 1961. S. K. Sastri, S. P. Nayar for R. H. Dhebar, for respondent No. 500 of 1965. Appeal by special leave from the judgment and order dated February 5114, 1963 of the Gujarat High Court in Civil Revision Application No. V. Goswami, for respondents Nos. CIVIL APPELLATE JURISDICTION Civil Appeal No. The Judgment of the Court was delivered by Shah, J. Respondents 1 to 4 and respondent No. Against that order, this appeal has been preferred with special leave. 1 to 3.
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1967_68.txt
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The Industrial Disputes Act was passed in 1947 and was brought into force on April 1, 1947. The proceedings were companymenced by an application to the Second Labour Court, Bombay under s. 33C 1 of the Industrial Disputes Act, 1947 Act XIV of 1947 . Berar Industrial Disputes Settlement Act 23 of 1947 came into force on June 2, 1947 but only the first section was then brought into force. Berar Industrial Disputes Settlement Act, 1947 and, secondly, that the application under s. 33C, in any event, was incompetent. The Second Labour Court held against the Mills on both the grounds. The Mills attempted to establish that the dispute companyld number be tried under the Central Act but only under the P. Berar Act and further that even if the Central Act applied the calculation of the amount companyld number be made under s. 33C of the Industrial Disputes Act as that required proceedings other than those companytemplated by that section. The Mills objected on various grounds including firstly that the Second Labour Court had numberjurisdiction to hear the case as the dispute fell to be tried under the C.P. The C.P. In this appeal by certificate against the judgment of the Bombay High Court dated August 25, 1962 the appellant is the Sawatram Ramprasad Mills Co., Ltd., Akola and the respondents two of the workmen of the Mills. It may be pointed out here that there were similar applications for company pensation for lay off by the other workmen of the Mills and on this preliminary point they were all heard together. Later, the remaining sections were brought into force by a numberification dated November 20, 1947 in all industries except the Textile Industry. The respondents are claiming from the Mills companypensation for lay off from March 5, 1960 to October 22, 1960. W. Dhabe and A. G. Ratnaparkhi, for the intervener. 76 5 S. Bobde G. L. Sanghi and Sardar Bahadur, for the appellant. 525 of 1964. Appeal from the judgment and order dated August 25, 1962 of the Bombay High Court Nagpur Bench at Nagpur in Special Civil Application No. 360 of 1961. Janardan Sharma for respondent No. The Judgment of the Court was delivered by Hidayatullah, J. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1965_142.txt
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The applicants are four brothers holding land in village Banat, tahsil Kairana, District Muzaffarnagar. XXIV of 1956 and No. A numberification was issued under section 4 of the Act in respect of 223 villages in tahsil Kairana, declaring that the State Government had decided to make a scheme of companysolidation in that area. XXVI of 1954, No. V of 1954 , as amended by U.P. This petition under Article 32 of the Constitution challenges the companystitutionality of the Uttar Pradesh Consolidation of Holdings Act, U.P. The petitioners went in appeal to the Settlement Officer Consolidation , which was decided in August 1957. XIII of 1955, No. XX of 1955, No. XVI of 1957, hereinafter called the Act . Objections to these proposals were filed by the petitioners and others, which were decided in April 1956. Wanchoo, J. Acts No. It was thereafter that the present petition was filed in this Court.
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1958_40.txt
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The respondent filed a rejoinder denying that the said premises were the endowed property or that the said property was a part of punyamurthulavari Choultry. 7974 of 1979. The appellant asserted that the said premises were number the individual property of the original respondent but trust property. The appellant in his companynter to the eviction petition, inter alia, alleged that the said property in which the said premises were situated was the absolute endowed property of punyamurthula vari Choultry of which the original respondent was the de facto trustee and that the original respondent had numberper sonal or proprietary interest in the said property. The Rent Controller passed a decree for eviction on the ground that the bona fide requirement of the landlord respondent was made out and also on the ground that the appellant tenant had denied the title of respondent landlord which denial was number bona fide. He asserted that the said property belonged to the said Choul try and that the original respondent had numbermanner of right to evict the appellant on the ground of personal use and occupation. The respondent submitted that the appellant had denied his title and, as the said denial was number bona fide, the appellant was liable to be evicted also on the ground of denial of title of the landlord. The respondent filed an eviction petition against the appellant on the ground of bona fide requirement as he wanted to set up his eldest son in business by start ing a photo studio in the said premises. According to the original respondent who will hereinafter be referred to as the respondent he was the owner of the building in which the said premises situated and hence, the owner of the said premises. P. 22 and Machavaram Venkate Narayana Rao v. Sarvepalli Narayane Rao Sarada and another, 1978 1 R.C.J. He asserted that he was the absolute owner of the said property which was purchased by his father under a registered sale deed dated 29th June, 1908. Rao, V.A. Setharamaiah, P.K. 2732 of 1980. Nagaraja for the Respondents. The appellant disputed the companyrectness of the said claim. The appellant is carrying on business in the name and style of Sri Panduranga Engineering Company. Babu and K.R. V. Rangam for the Appellant. The appellant preferred an appeal against the said decision to the Appellate Authority. From the Judgment and Order dated 25.8.1980 of the Andhra Pradesh High Court in C.R.P. Against this decision, the appellant preferred a revision petition to the High Court. 368, relied upon. This is an appeal by Special Leave against the judgment of a learned Single Judge of the Andhra Pradesh High Court in Civil Revision Petition No. The Judgment of the Court was delivered by KANIA, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. No.
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1989_291.txt
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The OPSC refused to companycur with the ad hoc appointments of these 49 Junior Teachers. By a letter dated 4th September, 1979, the Chairman of the OPSC had offered himself to be the Chairman of the Selection Board but numberSelection Board was companystituted under the 1979 Rules. In all, 49 candidates came to be appointed as Junior Teachers on ad hoc basis by the Government. Despite 1973 Rules having been repealed, the Selection Board appointed on 3rd August, 1979 under the repealed Rules was allowed to make the selections. These Rules provided that appointment to the posts of Junior Teachers shall be made through a Selection Board by recruitment from amongst the Assistant Surgeons with at least one years experience as such, in companysultation with the Orissa Public Service Commission hereinafter referred to as OPSC . According to Government, as many posts of Junior Teachers remained vacant for long time, the Chief Minister passed orders on 27th January, 1980 to fill up those posts by ad hoc appointments without companystituting a Selection Board under 1979 Rules. This led to the enactment of the Validating Act by which all the 49 Junior teachers appointed on ad hoc basis by the Government were deemed to have been validly and regularly appointed in the service from the date of their appointment as such. The Selection Board as per 1979 was, however, never companystituted. A clarification in this regard was sought by OPSC by its letter dated 24th March, 1982 wherein the OPSC had specifically sought for an explanation in regard to the circumstances under which a member of the OPSC was number associated in the Selection Board meetings held on 04th July, 1980 and 10th November, 1980. Rule 3 f defined Selection Board to mean a Selection Board appointed by the State Government to select persons for appointment to the Junior or Senior teaching posts and shall companysist of the Principals of Medical Colleges in the State and such others as may be numberinated by the Government. The 1973 Rules came to be repealed by another set of Rules dated 13th August, 1979 made under proviso to Article 309 of the Constitution, called The Orissa Medical Education Service Recruitment Rules, 1979 for short, 1979 Rules . On 24th September, 1973, the Orissa Medical Health Services Recruitment and Promotion to Teaching Posts in the Medical Colleges Rules, 1973 hereinafter referred to as the 1973 Rules were framed under proviso to Article 309 of the Constitution. On 9th February, 1982, the recommendations of the Selection Board companystituted under the 1973 Rules, were referred to the OPSC along with the entire list of 145 candidates who had applied for the post pursuant to the advertisement dated 20th September, 1979. After obtaining orders of the Chief Minister on 4th August, 1980, orders were issued by the State Government to the selected candidates appointing them as Junior Teachers on ad hoc basis. In the interest of teaching it was companysidered absolutely necessary to fill up the said posts on ad hoc basis immediately. As such it was decided to fill up the available vacancies by way of ad hoc appointments after screening the bio data of the eligible candidates at the Government level. The present appeal by special leave is directed against the judgment dated 6th August, 2001 passed by the Orissa High Court declining to set aside order of Orissa Administrative Tribunal whereby Orissa Medical Education Service Appointment of Junior Teachers Validation Act, 1993 for short, the Validating Act has been declared as ultra vires the Constitution of India. In reply dated 20th September, 1982 to the above letter, the Secretary to the Government of Orissa, Health and Family Welfare Department did number clarify the abovementioned query and vaguely stated that A large number of Junior Teaching posts in different discipline were lying vacant in the three Medical Colleges and their attached hospitals of the State. Some appointments were also made on 11th November, 1980. With CA Nos.8058, 8059, 8061 8062, 8063, 8064, 8065, 8066, of 2003, Contempt Petition C No.419 of 2002, CA Nos.8060 of 2003, 3015 16 of 2004 and SLP C Nos.13861 862 of 2004 K. Sabharwal, J. The Administrative Tribunal by its order dated 30th November, 1998 declared the Validating Act ultra vires and inoperative. The factual background which gives rise to the present companytroversy is narrated as follows.
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2004_574.txt
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9.6.1986 there were altercations between the accused persons and the deceased, his brother Lekhram and father Ramlal. When Ramlal and Lekhram went to save him, the accused persons ran towards them threateningly. Accused Janku enquired from the deceased as to why they were cutting the tree. Accused Sunder is the nephew of accused Gapoo. Said tree was cut by the family members of Ramlal PW 1 a day prior to the incident for which deceased had altercation with the accused persons. Ramlal and Lekhram fled away from the place of incident, and returned later on with the other villagers. Accused Gapoo Yadav is the father of accused Janku, Kewal and Mangal Singh. Factual scenario as described by the prosecution is essentially as follows Lekhram PW 2 and Gopal hereinafter referred to as the deceased were sons of Ramlal PW 1 . Though, initially the tree was in possession of Ramlal, after measurement he parted with possession thereof. On the basis of the said measurement, it was found that land belonging to accused Mangal Singh was in the possession of Ramlal PW 1 and over the said land a berry tree existed. Deceased claimed that he had number cut the tree. Lekhram responded that it was cut three days prior to the incident as the tree belonged to them and was planted by their family members. On the request made by Ramlal PW 1 , measurement of the land was done by the revenue authority. Deceased, the witnesses and the accused belonged to the same village and there was land dispute between them. They took the deceased who was then grasping for breath on a company to Maharajpur Police Station. This led to altercations and scuffles amongst them and the accused persons assaulted deceased, which resulted a fracture of his leg. P 1 recorded by Dr. Chaturvedi PW 3 . Accused persons pleaded innocence and claimed false implication. He was sent for treatment and was examined by Dr. R.K. Chaturvedi PW 3 . Later on, deceased took his last breath on 10.6.1986 at 2.00 a.m. Dr. Chaturvedi sent the intimation of death to the Police Station. Information was given by the deceased to the police at 8.45 p.m. His dying declaration was recorded. On companysideration of the evidence on record, the Trial Court found that the accused persons were guilty and accordingly companyvicted and sentenced them as aforenoted. Appellants hereinafter referred to as the accused by their respective names question legality of the judgment of the Madhya Pradesh High Court dated 18.4.2001, upholding their companyviction for offences punishable under Sections 148 and 302 read with Section 149 of the Indian Penal Code, 1860 in short the IPC and the sentence of rigorous imprisonment for three years and fine of Rs.2,000/ with default stipulation, and imprisonment for life and fine of Rs.5,000/ with default stipulation respectively. NO.4782/2002 ARIJIT PASAYAT J. On the date of incident i.e. The case was companymitted to the Court of Sessions, and finally charges were framed under Sections 148 and 302 read with Section 149 IPC. It is to be numbered that apart from the evidence of the two eye witnesses, reliance was also placed on the dying declaration Ex. In appeal, the companyviction and companysequential sentences imposed were upheld. Though, in support of the appeal learned companynsel for the appellants attacked the findings recorded, ultimately he companyfined his arguments to the question relating to nature of the offence. J U D G M E N T Arising out of SLP CRL. On examination he found 7 injuries on his body. Leave granted.
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2003_1233.txt
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Bofors hereinafter referred to as Bofors to provide representation services to it in India with regard to supply of arms and ammunition to Indian Government. Bofors of Sweden Bofors , 3 M s. International Military Services IMS of U.K. and 4 M s. Voest Alpine of Austria. Similarly, he or his companycern was number entitled to enter into negotiations with Government of India on behalf of Bofors or to companymit or to bind Bofors to any agreement or arrangement with the Government of India but as stated supra, he was to render administrative companysultancy services to BofOrs. According to the respondent, at numberstage he or any of his companycerns was made agent of BofOrs. However, in January 1986, Bofors and Anatronic General Corporation Private Ltd. for short AGC promoted by the respondent entered into a companysultancy agreement in 1986 with Bofors in respect of its business in India. H.S. Chawla, H.S. on 13th August, 1990 Shri H.S. This issue created furore both in the Lok Sabha and the Rajya Sabha. Inspite of the report of the JPC, the allegations of malpractices in the deal with Bofors, payments of kickbacks and receipt of illegal gratification were persistently reiterated and the matter was relentlessly agitated. This news item was refuted by Bofors denying the allegations of paying any kickbacks to Indian politicians or officials in respect of the deals. The related companytract for supply of the gun package towed and other related agreements companytracts were companycluded, approved and signed on 24th March 1986 with BofOrs. Bofors of Sweden for further negotiations were accepted by the Negotiating Committee which, however, felt that the choice between the two was open and it would depend on a companybination of technical and financial companysiderations. The said Report of the JPC was presented to Lok Sabha on 26th April, 1988 and then laid on the table of the Rajya Sabha on the same day. Several issues were raised by the Members of both houses number only with regard to the alleged kickbacks paid by Bofors for winning the companytract but also about the quality and suitability of the gun selected for procurement. Bofors, Sweden, 2 Shri Chadha alias Win Chadha, S o Shri Assa Nand, President of M s. Anatronic General Corporation Anatomic General Companies Ltd., C/4, Main Market, Vasant Vihar, New Delhi and Shri G.P. A demand was made by the Members of both Houses Lok Sabha and Rajya Sabha to make a probe into the matter by a Parliamentary Committee. It is further averred in the First Information Report that even in the letter dated 3.10.86 sent to the Swedish National Bank, Bofors had referred to some of the payments to Svenska Inc. and the companye name Mont Blane as companymission payments and that the payment to M s. Morcsco Moineao SA Pitco, Geneva was deposited by Bofors in three companye name accounts, namely, Lotus in Suissee Bank Corporation, 2 Rue de law Confederatio 1204, Geneva Tulip in Manufacturers Hannover Trust Company, 84 Rue du Rhone, 1204, Geneva and Mont Blane in Credit Suissee, 2 Place Belle Air, 1204, Geneva and that these payments to companye name accounts are without mentioning or disclosing the payers names. The then Prime Minister after having the discussion about this matter with the Leaders of the opposition parties on 17th June, 1987 decided to request to the Speaker of the Lok Sabha and the Chairman of the Rajya Sabha to set up a Joint Parliamentary Committee for short JPC . Chaudhary on 18th August 1990 holding that he has numberlocus standi. Finally, the order was placed by the Government of India to Bofors on 24th March, 1986 for the supply of 410 numbers 400 plus 10 free of 155 mm Field Howitzer 77 B gun system spare guns vide companytract No. As both the Speaker and the Chairman declined to set up the JPC on their own motion, on 29th June, 1987 the then Minister for Defence Shri K.C. Aggarwal dismissed the petition of Shri H.S. On 12th March 1986, the Negotiating Committee recommended that a letter of intent might be issued to Bofors to the effect that the Government of India would be willing to award the companytract to them subject to the companydition of being satisfied on all aspects of the purchase, licensed production, credit and other arrangements. Accordingly, the JPC was companystituted on 28th August, 1987 to make a probe into the above allegations. Thereafter, the CBI submitted another application to the Special Judge on 16th August, 1990 praying for issuance of an amended letter rogatory to the companypetent judicial authority in the Confederation of Switzerland. Pant moved a motion in the Lok Sabha for appointment of the JPC, and added in justification of the Constitution of the same that The Government has numberhing to hide. After the registration of the case, the Director, CBI by his letter dated 23rd January, 1990 followed by another letter dated 26th January, 1990 requested the companycerned authority in Switzerland for freezing blocking certain bank accounts said to be relevant to the case, on which the Federal Department of Justice and Police, Switzerland moved a Geneva and a Zurich Judge who froze certain bank accounts on 29th January, 1990. It may be recalled that H.S. Pant, the then Minister of Defence made a suo moto statement in the Lok Sabha stating inter alia, that the Government of India did number employ any representative agent for the companytract and added that for administrative services, e.g. A similar statement was also made by the Minister of State for Defence in the Rajya Sabha on 21st April 1987. Chowdhary . By that time, Shri V.S. The Special Judge, Shri V.S. It was, however, pointed out that the relevant accounts would remain frozen till 28th February, 1990 and that further necessary assistance would be rendered only on receipt of the letter rogatory from a companypetent judicial authority in India. Jain, Special Judge, Delhi to issue a letter rogatory request to Switzerland urgently for getting the necessary assistance so that the investigation can be companyducted in Switzerland lest very important and relevant evidence would remain uncollected and the cause of justice would be frustrated. When the matter stood thus, on 4th June, 1987, the Swedish Embassy in India forwarded a companyy of the report dated 1st June, 1987 of the Swedish National Audit Bureau SNAB for short with a numbere to the Ministry of External Affairs, Government of India, stating that what is made available to the Government of India was only one part of the report of the SNAB but number the report in its entirety and the rest was withheld by the Government of Sweden on the bank secrecy requirement. Chawla who by his order dated 19th December, 1990 dismissed the revision petition holding that H.S. On 20th April 1987, Shri K.C. The then Deputy Chief of the Army Staff told the companymittee that the French gun was the best and the Swedish gun was the second best and that if the price difference was marginal, they should go for the former, The recommendations of the Army Headquarters to shortlist only M s. Sofma of France and M s. A.B. The Ministry of Defence, Government of India approved in August 1980 a proposal forwarded by Army Headquarters recommending, interalia, the introduction of 155 mm calibre medium guns both towed and self propelled to meet its defence operational requirements. 12 of 1990 before the Special Judge seeking certain prayers inclusive of number to issue letter rogatory on the request of the CBI unless the allegations against the named persons are established and that numberrequest for freezing bank account be made to Swiss Government etc. Thereafter, members of the Negotiating Committee requested the Army Headquarters to give their recommendations of the guns acceptable to them taking into account the technical aspects, delivery schedule etc. The Government of India also issued a statement on 17tb April 1987 itself denying the allegations of payments of alleged kickbacks. Aggarwal, Special Judge, Delhi, be number quashed. Thereafter, on 22nd January, 1990 the Superintendent of Police, CBI DSPE ACU IV, New Delhi registered the impugned First Information Report in Crime No. Then the Special Judge for the reasons mentioned in his order issued 1 Note of companypliance and 2 Amended Letter rogatory on August 21, 1990. In May 1984, a Negotiating Committee companyprising of the Defence Secretary as the Chairman, Secretary DPS , Scientific Adviser to Raksha Mantri i.e. The choice for purchasing the said guns was short listed in December, 1982 to 1 M s. Sofma of France, 2 M s. A.B. The summary of the observations of SNAB is extracted in the Report of Joint Parliamentary Committee . On 2nd February, 1990, the second appellant C.B.I. It appears that though the Examining Magistrate of Geneva decided on 26th March, 1990 to accept the letter of request, on a challnege by two of the affected parties, the Criminal Court of Canton of Geneva held that the request for mutual judicial assistance presented by India did number in its form satisfy the requirement of Article 28 of the Federal Act on International Mutual Assistance in Criminal Matters for short IMAC and sent back the letter rogatory for companypliance of certain procedural formalities. Again the then Minister for Defence made the assurance based on the statement of the then Prime Minister. 501/91 knocking down the very registration of the First Information Report and all the proceedings arising thereon including the issue of letters rogatory in the second round of the bout of this litigation. The JPC submitted its Report on 22nd April, 1988 with its companyclusions and also with the dissenting numbere of one of its members. Secretary, Research and Development , Secretary Expenditure , Additional Secretary, Department of Economic Affairs, Financial Adviser, Defence Services and the Deputy Chief of Army Staff as Members was companystituted for detailed negotiations with the various suppliers. requested Shri R.C. In April 1984, the Cabinet Committee on Political Affairs CCPA for short approved the proposal for procurement of 155 mm guns along with certain related equipments and ammunition at a total estimated companyt of Rs. Chowdhary challenging the order of the learned Single Judge, Justice M.K. Offers were also invited from the ammunition manufacturers. Chowdhary did number have any locus standi to challenge the veracity of the First Information Report and the proceedings arising thereon and quashed the show cause numberice issued to the CBI and the State. hotel bookings, transportation, forwarding of letters, telexes etc.,
they use the services of a local firm. This Court by its Order dated 27th August, 1991 allowed the appeal of the Union of India and quashed the suo moto action of the High Court but reserved the reasons to be given later on vide Janata Dal v. H.S. RC 1 A /90/ACU IV dated 22.1.90 pending in the Court of Shri V.S. Chawla of the High Court of Delhi dated 19th December, 1990 dismissing his petition on the ground that he has numberlocus standi to file his petition and a few other appeals preferred by the Union of India and some political parties which had been seriously litigated before this Court on the earlier occasion and resulted in the pronouncement of an order dated 27th August 1991, giving only the companyclusions and the final judgment on 28th August 1992 vide Janta Dal v. H.S. Chawla taking suo moto companynizance and issuing numberice calling upon the CBI and the State to show cause as to why the proceedings initiated on the strength of the FIR be number quashed. The said order reads thus In the result, the application of the CBI is allowed to the extent that a request to companyduct the necessary investigation and to companylect necessary evidence which can be companylected in Switzerland and to the extent directed in this order shall be made to the Competent Judicial Authorities of the Confederation of Switzerland through the Ministry of External Affairs, Government of India subject to the filing of the requisite paper undertaking required by the Swiss Law and assurance for reciprocity. Chaudhary preferred an appeal challenging the findings of the High Court that he had numberlocus standi and the appellant herein Union of India and several political parties such as Janata Dal, Communist Party of India Marxist and Indian Congress Socialist preferred appeals canvassing the companyrectness of the order of Justice M.K. It may be numbered that the said Report did number disclose the names of the recipients of the kickbacks. Hinduja, New Zealand House, Hay Market, London SW 1. In the meanwhile, there was a change in the Government. After the offers were received from the aforesaid four firms, technical and companymercial negotiations were held with all the said firms and thereafter revised offers were invited and the same were received on 1st September. Chowdhary the decisions of which were rendered by this Bench. The respondent, namely, W.N. and clearly indicate their preference from amongst the acceptable guns. Three ammunition manufacturers were also called in the middle of January 1986. The companymercial, companytractual and technical aspects of purchase and licence production were negotiated with the said two firms. Chaudhary had numberlocus standi to present the revision but took suo moto companynizance of the matter in exercise of powers vested on him under Sections 397 and 401 read with Section 482 of the Criminal Procedure Code and directed the issuance of show cause numberice to the CBI and the State calling them as to why the proceedings initiated on the filing of FIR No. The Government wants to get at the truth and that is why this Committee has been set up. Chadha who is number residing at Dubai in United Arab Emirates UAE had his first agreement in 1978 with M s. A.B. The above two shortlisted firms were called for negotiation in the middle of December 1985. The Special Judge after hearing the prosecution allowed the application by his order dated 5th February, 1990. Aggarwal assumed charge as Special Judge in place of Shri R.C. RC 1 A /90/ACU IV under Section 120 B read with Sections 161, 162, 163, 164 and 165 A of the Indian Penal Code read with Sections 5 2 , 5 1 d and 5 2 /5 1 c of the Presentation of Corruption Act, 1947 read with Sections 409, 420, 468 and 471 of the Indian Penal Code against 14 accused of whom three are named, they being 1 Shri Martin Ardbo, former President of M s. A.B. In the final judgment, this Court companyfined the question only with regard to the scope and object of public interest litigation and the suo moto exercise and inherent powers of the High Court and ultimately held that H.S. Thereafter, this Bench rendered its final judgment on 28th August, 1992 giving the reasons in justificatioin of its earlier order. On being aggrieved by the order of Justice M.K. After seeking certain clarifications from the aforesaid firms with a view to evaluate the offers of all the companypetitions, all the four firms submitted fresh companymercial offers on 10th May 1985. The then Defence Minister added that if any evidence is produced involving violations of the law, the matter will be thoroughly investigated and the guilty, whoever they may be punished. Chaudhary filed a criminal revision before the High Court of Delhi which came up for hearing before Justice M.K. Chowdhary, an Advocate claiming to be the General Secretary of an Organisation named as Rashtriya Jan Parishad as a public interest litigant filed Criminal Miscellaneous Case No. Nonetheless, to assimilate the companytroversial issues both legal and factual involved, we would like to give a terse sketch, shorn of the detailed facts of the case, as borne out from the records, which has given rise to this appeal. The rest of the 11 accused are stated in general as Direetors employees holders beneficiaries of account companye and public servants of the Government of India. 6 9 /84/D GS IV for a total amount of SEK 8410.66 million Swedish Kroners equivalent to amount Rs. Ratnavel Pandian, J. It was also prayed to have the proceedings on this application in camera since the proceedings arising thereon involve sensitive aspects. The synoptical resumption of the case of the prosecution leading to the initiation of the proceedings inclusive of the organic synthesis of the events and the circumstances veering the case have been encapsulated and presented in the order and judgment of this Court rendered in the first round of the batch of appeals. 1437.72 crores. The above appeal is preferred before this Court challenging the judgment of the High Court of Delhi dated 2nd September 1992 rendered in Criminal Writ No. The first round of the litigation came before this Court on an appeal preferred by Sh. The terms of the said representation services agreement were extended from time to time until the end of 1985. 1600 crores. One independent writ petition was also filed for the same relief as sought for by the political parties. Jain. It was at this relevant time i.e.
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1992_550.txt
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The appellant Abdul Rashid was found to be in companypany with the companyaccused Mohd.
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2001_46.txt
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Ltd. An assessment order under the Bombay Sales Tax Act is appealable under s.55 of the Act, and we may mention only that when the order is made by the Sales Tax Officer an appeal lies to the Assistant Commissioner, if the order is made by the Assistant Commissioner an appeal goes to the Commissioner and if it has been made by the Commissioner or Deputy Commissioner or Additional Commissioner an appeal lies before the Tribunal. The appellant objected to the exercise of revisional power by the Deputy Commissioner during the pendency of the appeals before the Tribunal. a of sub s. 1 of s. 57 of the Bombay Sales Tax Act, 1959, an appellate order passed by the Assistant Commissioner when the assessees second appeal against that order is pending before the Maharashtra Sales Tax Tribunal. The only point pressed by the appellant before the High Court was that the Commissioner of Sales Tax companyld number exercise his revisional power against the appellate order of the Assistant Commissioner when a second appeal against that order was pending before the Tribunal. On 12th September, 1975 the Deputy Commissioner rejected the objection. a of sub s. 1 of s. 55 of the Act to the Assistant Commissioner. By a companymon order dated 29th September, 1973 the Assistant Commissioner reduced the quantum of the turnover and, companysequently, the tax liability to Rs. This appeal by special leave raises the important question whether the Commissioner of Sales Tax can revise under cl. 73,198.62 and a penalty of Rs. 30,494.67 and the penalty to Rs. 16,447.33 and penalty of Rs. 11,745.71 for the first period and a tax liability of Rs. The two assessment orders were apparently made under s.33 of the Bombay Sales Tax Act, 1959. 81,745.71 and levied a penalty of Rs. At the same time, the Tribunal adjourned the two second appeals filed by the appellant against the appellate orders dated 29th September, 1973 passed by the Assistant Commissioner. During the pendency of the appeals before the Tribunal, the Deputy Commissioner, Nagpur issued two numberices to the appellant on 24th April, 1974 requiring it to show cause why the appellate orders dated 29th September, 1973 passed by the Assistant Commissioner should number be revised under s. 57 of the Act. The appellant is a partnership firm, carrying on the business of manufacturing and selling vegetable The Sales Tax Officer estimated the turnover for the calendar year 1971 and made an order dated 26th March, 1973 levying Sales Tax at Rs. Not fully satisfied by the relief granted, the appellant proceeded in second appeal to the Maharashtra Sales Tax Tribunal on 8th December, 1973. On the same date, another assessment order was made for the first six months of the year 1972, where again on the basis of an estimate the Sales Tax Officer companyputed the tax Rs. The appellant filed a writ petition in the High Court of Bombay against the order of the Deputy Commissioner dated 12th September 1975 rejecting its preliminary objection and also against the order passed by the Tribunal on 27th October, 1977 dismissing his appeals, as well as the numberices issued by the Deputy Commissioner on 24th April, 1974 in the purported exercise of his revisional power. Against the assessment and penalty orders for the two periods, the appellant appealed under cl. 238 of 1978. The High Court turned down the plea by its order dated 5th July, 1978, observing that it was always open to the Commissioner to interfere in revision with an order prejudicial to the Revenue numberwithstanding that such order may be already under appeal before the Tribunal. 5,572.26 for the second period. Against the order of rejection the appellant filed two appeals before the Tribunal, and by its order dated 27th October, 1977 the Tribunal dismissed the appeals. 36,197.64. 37,572.26. 1968 of 1978. S. Desai, P.H. Appeal by special leave from the judgment and order dated 22nd/23rd June/5th July 1978 of the High Court of Bombay Nagpur Bench in Special Civil Application No. Parekh, C.B. Verma Miss Caprihan for the Appellant. Singh, B.L. H. Dhebar M.N. CIVIL APPELLATE JURISDICTION Civil Appeal No. The Judgment of the Court was delivered by PATHAK, J. Shroff for the Respondent.
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1981_212.txt
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PRATIVADI NE BOARD, KISI KO LAGANE NAHIN DIYA HAl APITU SWAM LAGAYA HAl. PRATIVADI SWAM NE VAH BOARD LAGAYA HAl TATHA APNA SADHARAN VAVASAYE KARTE HUVE LAGAYA HAl. Hindi Original YEH KI BOARD JO VIVADGRAST DUKAN JO KI PRATIVADI KE PASS VADI KI AUR SE KIRAYE PAR HAl, KI CHHAT PAR LAG RAHA HAl VAH VIGYAPAN ADVERTISEMENT KA BOARD HAI JISKO PRATIVADI NE VADI KI ANUMATI PRAPAT KIYE BINA ADVERTIS ING AGENCY KO LAGANE DE DIYA HAl JISKA KI PRATIVADI KO SWATEY KOYEE ADHIKAR NAHIN HAl. Hindi Original VAD PATRA KE PAIRA 5 KE LIYE NIVEDAN HAI KE PRATIVADI NE EK SIGN BOARD VADGRAST DUKAN KI CHHAT PAR LAGAYA HAl PAR YEH MITHYA HAl KI DUKAN KI ATHVA CHHAT KI DIWAR ATHVA FARSH MAIN ANGLE LAGAYE HO VAH SIGN BOARD BINA DUKAN KI DIWARON ATHVA CHHAT KE FARSH KO KISI BHANTI HANI PAHUCHAE HUVE LAGAYA GAYA HAl. Hindi Original YEH KI PARTIVADI KE KO BINA VADI SE POCCHHE DUKAN KI CHHAT PAR ADVERTISING AGENCY KO BOARD LAGANE DENE KA KOYEE ADHIKAR NAHIN HAI. VAH PRATIVADI KE POORAN BHUGTI BHOG MAIN HAl. VADI KO KOYEE SWATAV NAHIN HAl KI VAH MITHYA ADHARO PAR DUKAN KHALI KARVAYE NA TO PARTIVADI NE KOYEE CHOOK KI HAl, KIRAYA DENE MAIN UAR NA HI USNE DUKAN PAR KISI KO BOARD LAGANE DIYA HAl AUR NA HI KOYEE MUKTI BHOG KIRAYE LI HUEE SAMPATI KA PARTIVADI KE KISI BHI BHAG KA KISI KO BHI HYA HAl. Hindi Original VAD PATRA KA PAIRA 8 SAVIKAR NAHIN HAl. IS SIGN BOARD LAGANE MAIN VADI KO LIKHIT ANUMATI LENA AVASHAK NAHIN THA, VIASE VADI KE PURAN GYAN MAIN YEH BOARD LAGAYA THA TATHA AISA KARNE MAIN VADI NE KABHI APATTI NAHIN UTHAYEE, ARTHAT VADI KI AWAKRITI NAHI HAI. Hindi Original VAD PATRA KA PAIRA 9 SARVATHA ASWIKAR HAl. TATHA VADGRAST DUKAN KA PANE SADHARAN VAVSAYE MAIN HI UPYOG KAR RAHA HAl AVAM SADHI KAR KAR RAHA HAI. GADA NAHIN GAYA HAI. 2, one board of the defendant was fixed in the name of Sharan Optician on the disputed shop and above it there was advertisement board which was of a tractor and fixed in front of the roof. Paragraph 8 as reads as under In English The defendant has numberright to place the Board of the Advertising Agency on the roof of the shop without permission of the plaintiff. Paragraph 5 of the Written Statement reads as follows In English With regard to paragraph 5 of the Plaint the defendant states that the Defendant had displayed a sign board on the roof of the disputed shop but it is false to state that any angle has been fixed or embedded on the wall of the shop or of the roof or on the floor of the roof. The board of his shop was fixed below the front of his shop in the name of Sharan Optician, the photo of which is Ex. The said Board is affixed in cement pillars should be pot and for affix ing the said boards neither the roof number the walls of the shop were dug The Board is affixed permanently and I advertise the business of parties and get its payment. The sign board has been placed without damaging the walls or the floor of the roof in any manner whatsoever. I have number parted with possession of any portion of the roof of the shop to anyone. In putting up this sign board, there was numbernecessity of obtaining written permission of the plaintiff. The High Court in the judgment under appeal has numbered that the plaintiff appellant had number disputed that the advertise ment board was installed on the roof of the shop. The respondent had filed the suit for eviction of the ten ant appellant on three grounds, namely, i that the tenant appellant had parted with possession of the roof of the said shop room by putting up an advertisement board by putting up such advertisement board, fixing the same on the roof of the said shop room with iron angles, the appellant had caused material alteration to the premises and iii the appellant had defaulted in payment of rent. From the said evidence it would appear, he had stated, inter alia, as follows I have affixed the Board on this shop for advertisement. 1500 for 3 years for advertisement out of which painting of Board, writing expenditure was mine. The expenses towards the painting and fixing the board and writing were met by him. He asserted that he was also running the business of advertisement by way of display of various advertisements hoardings boards at various places in the city of Udaipur. On remand, the trial companyrt held that the appel lant had caused material alteration by fixing the board on. However, a photograph of the board was pro duced by the plaintiff and the same was marked as Ex. By the judgment and decree dated 20th March, 1987 the learned District Judge allowed the said appeal holding, inter alia, that by displaying the advertisement board the appellant had number caused any material alteration of the premises and display of such advertisements hoardings did number amount to parting with possession of the roof of the premises. In the said shop the appellant carried on the business of opticals. Accordingly, a decree was passed against the appellant for causing material alteration and for parting with the possession of the roof but numberdecree was passed by the trial companyrt on ground of default because the said default was held by the learned Trial Judge to be the first default. Paragraph 9 of the Written Statement is as follows In English The defendant denies all the allegations in paragraph 9 of the Plaint. The angles have number been embedded. After the case was remanded, the trial companyrt directed the plaintiff to appear before the companyrt and to subject himself to cross examination by the defendant and also to produce his evidence, if any. In 1974, I advertised for Bhatia at the Board in which I have written that I have zeator I have strength, a picture tractor was also made there I used to take Rs. The English translation of the said evidence of the defendant appellant was filed on behalf of the appellant at the heating of this appeal. In particular the defendant states that the plaintiff has numberright to bring the present suit of eviction which has been filed on false grounds. As the plaintiff neither submitted himself for further cross examination number produced any other evidence or witness in support of the plaint the defendant led defence evidence and got himself examined. On or about 20th April 1978, the trial companyrt decreed the suit on the ground of default in payment of rent, material alter ation and subletting. The appellant preferred an appeal before the learned District Judge, Udaipur, who remanded the case back to the trial companyrt for trial on all the three issues, on the ground that the appellant had number been al lowed to cross examine the respondent or to adduce evidence in defence. In spite of several opportunities the plaintiff did number appear before the Court and submit himself to cross examination. Against the decree of the trial companyrt, the first appeal was filed before the learned District Judge and as stated hereinbefore, at the final hearing of the appeal, the first Appellate Court held that the defendant was number given adequate opportunity to either cross examine the plaintiff or to adduce his evidence and on that ground the order of remand was made. The appellant is the tenant in the suit premises. After recording the said evidence, the trial companyrt recorded that the companynsel for the defendant was absent and thereupon closed the case, without, however, entering into the question as to why the endorsement was made. In respect of default, on an analysis of the dates of payment it was held that there was numberdefault in payment of rent for six months. The plaintiff respondent preferred an appeal before the High Court. The appellant thereafter filed first appeal against the said judgment and decree passed by the trial companyrt on 9th Novem ber, 1984. Tapas Ray, S.K. 2747 of 1988. The case of the appellant was that though the appellant had taken the premises on rent on the basis of oral tenancy on 1st August, 1971, the rent note in fact was executed on 30th May, 1972. From the Judgment and Order dated 23.2.1988 of the Rajasthan High Court in S.B. This fact is undisput ed. Mrs. Rani Chhabra for the Respondent. Jain and P. Agarwal for the Appellant. The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J. 77 of 1987. This appeal by special leave is against the judgment and order of the Division Bench of the High Court of Rajasthan dated 23rd February, 1988. CIVIL APPELLATE JURISDICTION Civil Appeal No. Civil Second Appeal No.
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1989_56.txt
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The Appellant assessee manufactures namkeens like aloo bhujia, chholey masala, roasted peanuts and moongfali masala mazedar. It is the case of the Department that chholey masala and aloo bhujia fall under Chapter 21, but number roasted peanuts and moongfali masala mazedar. It is the case of the Department that roasted peanuts and moongfali masala mazedar are the two items which do number fall under Heading 21.08. Prior to the above dates, they were in the business of manufacturing chholey masala and aloo bhujia. Therefore, in the present civil appeals there is numberdispute regarding chholey masala and aloo bhujia. They relied upon Heading 21.08 which refers to namkeens such as bhujia and chabena. The Appellant started production of two out of four items abovementioned, namely, roasted peanuts and moongfali masala mazedar only in July and September, 1997 respectively. Appellant claims that all the four items fall under Heading 21.08 as Namkeen. In that declaration classification with effect from 1.3.1997, they declared all the above items as namkeens. 4/97 C.E. dated 1.3.1997. It is the case of the Department that Chapter 21 deals with Miscellaneous Edible Preparations. 1459 60/2002 KAPADIA, J. The Appellant claims that accordingly all the four items are exempted vide Notification No. 8595 8596/2001 These civil appeals are filed by the assessee under section 35L of the Central Excise Act, 1944 against decision dated 10.9.2001 passed by CEGAT. With Civil Appeal Nos. Civil Appeal Nos.
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2007_257.txt
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B. Pattanaik and Umesh C. Banerjee, JJ. Leave granted.
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1999_278.txt
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The Sales Tax Officer accepted the claim under the State Sales Tax Act but rejected the claim under the Central Sales Tax Act. 5073 75185. During the assessment years relevant to the period of the two years from the date of companymencement of production at the Kerala Factory, the appellant claimed exemption number only from the State sales tax by virtue of the aforesaid numberification and agreement but also from Central Sales Tax under and by virtue of sub section 2A of Section 8 of the Central Sales Tax Act. The relevant portion of the agreement reads thus The Government of Kerala, with a view to help the project to tide over the difficulties in the initial stages and to establish itself, agree to exempt the turnover relating to the sale, of the products by the companyporation from the payment of sales tax for a period of two years from the date of starting of production of the newsprint. The appeals preferred by the appellant to the Appellate Assistant Commissioner and the Sales Tax Appellate Tribunal were dismissed whereupon it approached the High Court by way of revisions under Section 41 of the State Sales Tax Act. 507375/1985 From the Judgment and Order dated 9.9.1985 of the Kerala High Court in T.R.C. Manohar and C.N. The appellant Hindustan Paper Corporation Limited entered into an agreement with the Government of Kerala in the year, 1974 reiterating the said exemption. S. Nambiar, Mrs. Shanta Vasudevan, P.K. Sreekumar for the Appellants. Nos. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. Civil Appeal Nos. P. JEEVAN REDDY, J. 29, 30 and 31 of 1985. Hence, these appeals. The Judgment of the Court was delivered by.
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1993_201.txt
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With the enactment of Punjab New Mandi Township Development and Regulation Act 1960 for short Mandi Township Act powers have been companyferred on the State Government to create and declare new Market Mandi Townships. According to them, they have been doing business at the old market areas in those localities for over fifty years and the State Government have declared such places as market area as per the provisions of Punjab Agricultural Produce Markets Act 1961 For short the Market Act . Appellants in one appeal are dealers at Guru Har Sahai and appellants in the other appeals are dealers at Talwandi. Appellants are dealers in food grains having their business places at two certain localities in Ferozepur District Punjab . Those areas attained much development with many facilities due to increased governmental activities. 2506 07 of 1998 Arising out of SLP Civil Nos. 17058 59 of 1997 J U D G M E N T Thomas J. WITH CIVIL APPEAL Nos. Hence these appeals. Leave granted.
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1998_1091.txt
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The trial companyrt granted an interlocutory injunction in favour of the appellants in a suit filed by it for perpetual injunction to restrain the respondent defendant from using the expression Super Cup for marketing the tea sold by it. In appeal, the Division Bench has admitted the respondents appeal and stayed the operation of the interlocutory injunction granted by the trial companyrt. Shri Jaitley, learned companynsel for the respondent, made numberattempt to support the basis of the order made by the Division Bench but he added that the companyclusion reached by the Division Bench is companyrect and can be supported on the basis of ample material on the record. Having heard the learned companynsel for the parties, we find that the reason given by the Division Bench for its companyclusion, even if companyrect, is against the settled principles in a matter of this kind. Ordinarily, special leave would number have been granted to appeal against an interlocutory order but the nature of the order in the present case is such that it has great significance and, therefore, we companysidered it appropriate to grant special leave in the matter. Leave granted. Hence, this appeal by special leave.
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1997_1540.txt
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On 7.8.1951 the suit was decreed in terms of an agreement, the relevant parts of which we are setting out below That the parties Keshav Prasad Goenka of the first part Mannalal Goenka and Ratanlal Goenka of the second part and Madhav Prasad Goenka of the third part would carry on the business of Commission Agents under the firm name of Sadhuram Tularam with branches at various places under different names and styles as heretofore and the said parties would each have one third share therein and would execute and enter into a partnership for the purpose. 3059 of 1948 for dissolution of the partnership. 10,52,301/ 11/8 pies or such sum as should be finally ascertained and entered the parties as members of the firm of Sadhuram Tularam with its branches would within three months from the date of the passing of the decree mentioned in the agreement sell and transfer to Madhav Prasad Goenka or his numberinee, Sree Goenka Mills at Shivpur, District Benaras and house properties being premises No. Four persons, including the first respondent, founded a partnership under the name of Sadhuram Tularam. Various sums of money were credited and debited to my account in the said partnership since 7th August 1951 and also after 4th September 1951. The first respondent filed a reply affidavit the relevant portion of which reads With reference to paragraphs 16 and 17 of the said affidavit I say that subsequent to the said agreement dated 7th August 1951 the business of the said firm of Sadhuram Tularam was companytinued. They were also the managing agents of the private limited companypanies, Shree Radhakissen Cotton Mills Co. Ltd., and Goenka Properties Ltd. On the death of one of the partners in 1940, his son the first respondent, became a partner of the firm. Diverse sums of money were also credited in to the said account of the plaintiff since the 7th August, 1951. 11, Gyan bapika Fatak in the city of Benaras at or for the price of Rs. There are large sums number due from the said firm to me. Pending the suit a sum of Rs. 3059 of 1948 without recourse to a fresh suit treating these presents as the decree binding upon the parties. 2 That in further part liquidation of the sum of Rs. 9,09,500/ was adjusted by transferring certain properties to the first respondent. I emphatically deny that I have overdrawn my account as alleged or at all. In September 1948 the first respondent filed suit No. This appeal by certificate is against the judgment of the Division Bench of the Calcutta High Court dismissing the appellants appeal against the judgment of a learned Single Judge who upheld the right of the first respondent to execute a companypromise decree. Alagiriswami, J. The facts relating to the matter may be set out in a short companypass.
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1973_139.txt
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Prakashi Devi was examined as PW 1. An FIR was registered on 23.3.1996 on the statement of one Prakashi Devi. Prakashi Devi, and thereby companymitted an offence punishable under section 452 IPC within my companynizance. Both PW1 and PW2 stated that the house of the accused was at a distance of 15 16 houses from the house of Prakashi Devi that the accused had never companye into their house earlier that their family and the accused were number on visiting terms with each other even during functions, marriages or death, though they were on visiting terms with others in the village. She stated that on the night of 22/23.3.1996, while she and her daughter in law Sheela Devi were sleeping in her house, around 11.30 PM, the appellant jumped over the front wall of her house and broke the bulbs and ran away that at that time, numbermale member was present in the house except the children that around 00.30 AM the appellant again came into her house and touched her daughter in law Sheela Devi who woke up and raised an alarm and that the appellant immediately ran away. She reiterated what was recorded in the FIR, that the appellant came into the house around 11.30 PM and broke the bulbs, that he came again around 00.30 AM and touched her daughter in law Sheela Devi and when her daughter in law woke up and raised an alarm, the appellant ran away. In her cross examination, Prakashi Devi stated that she has five sons that only her husband and one son named Mahavir were staying with her that the other four sons were married and were number staying with her that on that night, her husband was away in the fields and her son Mahavir was also number present in the house. Secondly on the same date, time and place, you assaulted and used criminal force against abovenamed Prakashi Devi with intent to outrage her modesty and thereby companymitted an offence punishable under section 354 IPC and within my companynizance. It was elicited in her cross examination that the accused did number go towards her mother in law number say anything to her mother in law that she used to companye to the village where her in laws were residing, only when her husband came home and that the house of her father in law was surrounded by the houses of his brothers and their sons. The accused examined a witness Ex Sarpanch of the village as DW 1 and he stated that there was a quarrel between the accused and companyplainants son Surinder about a water companyrse and subsequently he came to know that the quarrel was companyverted into a false case against the accused by registering a false allegation that the accused had outraged the modesty of a woman. PW 2 also stated that she did number know the particulars of the dispute between the accused and her in laws. On that basis, the following charge was framed by the Judicial Magistrate, First Class, Karnal, against the appellant That on 23.3.1996, after having made preparation for causing hurt or assault, you companymitted house trespass into the house of Smt. The learned Magistrate by judgment dated 2.2.2001, held the accused guilty of offences under sections 452 and 354 Cr. The appeal filed by the accused was dismissed by the Addl. PC and sentenced him for rigorous imprisonment for six months and a fine of Rs.1,000/ in default thereof simple imprisonment for one month. The investigating officer was examined as PW 3. emphasis supplied When the said charged was read over and explained to the appellant, he pleaded number guilty to the said charge and claimed trial. The police investigated into the said companyplaint and submitted a report under Section 173 of the Code of Criminal Procedure for short the Code . And I hereby direct that you be tried on the above said charge by this companyrt. V. RAVEENDRAN J., Leave granted.
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2010_641.txt
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Learned companynsel for the appellant attacked the said dying declaration by pointing out to the evidence of the Doctor to show that the deceased companyld number have been in a fit companydition to make the said dying declaration because even according to medical evidence there was hardly any pulse to show that the deceased was in a fit companydition to make the dying declaration. Having heard the learned companynsel for the parties, we numberice that what is left of the prosecution case against the appellant is only the dying declaration of deceased Shamim. PW 3 Dr. Choubey and PW 8 Deputy Collector P. Srivastav, who recorded the dying declaration of the deceased as per Ex. However, it came to the companyclusion that the prosecution has established the involvement of the appellant herein in the death of the deceased Shamim, primarily relying upon the dying declaration Ex. He also companytended that the circumstances in which the dying declaration came into existence were highly suspicious, hence, numberconviction companyld have been based on this document. The High Court, in appeal, also refused to place any reliance on the evidence of the so called eye witnesses as well as PW 4 who lodged the companyplaint, but accepted the dying declaration of the deceased made to PW 3 Doctor and PW 8 Deputy Collector before whom the said declaration was made, as also recovery of a sword at the instance of the appellant, hence, dismissed his appeal. P.5 among other evidence. Ms. Geetanjali Mohan, learned companynsel appearing for the State of M.P., however, companytended that, so far as the appellant is companycerned, even if the oral evidence adduced on behalf of the prosecution is number acceptable, the dying declaration being unexceptionable, which named the appellant specifically cannot be rejected so as to give benefit to the appellant. Then from behind I was assaulted by sword and farsi because of which I started bleeding. 159 of 1984 on a charge under Section 302 IPC and in the alternate under Section 302 read with Section 149 IPC for having caused the death of one Shamim on 10th of March, 1984 around 9.45 p.m. The prosecution in support of its case has examined PW 6 Ballu, as eye witness to the incident, PW 2 Bhai Abdul Rashid who having companye to know of that incident lodged a companyplaint as per Ex. He also companytended that the recovery of the sword purportedly to be at the instance of the appellant is a make believe story and identity of the appellant number having been established beyond doubt by the prosecution, he is entitled for atleast benefit of doubt. The prosecution case, in brief, is that on 10th of March, 1984, at about 9.30 p.m., the appellant along with six other persons caused as may as 23 injuries on Shamim, companysequent to which he died. P.5 and companyvicted the appellant, as stated above. 100 was demanded from me and on refusal Bhuppan slapped me. The appellant is represented by Shri Anip Sachthey, learned Advocate of this Court who is appointed as an Amicus Curiae and the respondent by Ms. Geetanjali Mohan. The trial companyrt after companysidering the material on record refused to place any reliance on most part of the prosecution evidence. The appellant herein and five others were sent for trial before the First Additional Sessions Judge, Sagar M.P. The learned Sessions Judge while acquitting five of the accused persons companyvicted the appellant herein of an offence under Section 302 and sentenced to undergo R.I. for life. in Sessions Trial No. Santosh Hegde, J. 225 of 1988. Assaulted about 1 1/2 2 hours back. Thereafter, Police came and they took me in the vehicle. Being aggrieved by the said judgment and companyviction, the appellant has preferred this appeal. The said appeal came to be dismissed by the judgment of the High Court dated 9th of March, 1999. The appellant preferred an appeal before the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No. 4 5 persons were with them. I ran.
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2002_147.txt
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Round Bars by using old and re rollable cut pieces of bars, plates, angles, etc.,
purchased from the open market or directly from the manufacturers or from ship breakers. The appellant is engaged in manufacture of M.S. The matter was carried in appeal to the Tribunal.
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2003_817.txt
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Pandambeli is an ancient tarwad in Amini Island and admittedly became extinct in 1906. The plaintiff s definite assertion in the plaint is that the Pattakkal tarwad is an undivided branch of Pandambeli tarwad of which Kandamgalam was another branch and as such on the extinction of the latter tarwad Pattakkal tarwad of which the plaintiff is a member is the sole surviving undivided unit of the original Pandambeli tarwad and its thus entitled to succeed to all the properties and the assets of Kandangalam by rights of reversion. If Pattakkal was a companylateral branch of Pandambeli they should have been the first to be companysulted before companyverting tarwad properties into separate properties. As a matter of fact Pandambeli people had number recognised Pattakkal as a branch of that tarwad and that Pattakkal people never claimed to be so and much less as having an interest in the properties given to Pattakkal Beeashabi by the Pandambeli Karanvan when she came from Androth after the damages caused at Androth due to floods. Later in 1958 the Kandangalam branch became extinct. Members of the Tarawad families emigrated to the Malabar Islands and founded families there. Thus the extinct idiyyakal family at Kavarathi was a branch of the Pondambelli family, while the Arenakada and Pudiyedan families are branches of the existence Ameni family of pudian. So also the Pattakal family at Androth is a branch of the Pondambelli, and the Manmel Tarawad of Kalpani is a branch of the Trupekal family. D4, that Abdul Kader Musaliar of Pandambeli moved another petition in 1905 for permission to companyvert some tarwad properties of Pandambeli into his Veliyasha properties and Kandanglam Kunbi Pakki and Radukkiyam Ammutty objected to that but numberody sought the companycurrence of the Pattakkal people. Before proceeding with the matter any further on the factual score, be it numbered that the submissions of the parties were companyfined to three specific issues raised in the matters i whether Pattakkal is a branch of Pandambeli tarwad ii if so, can they claim properties of Kandangalam branch which stands extinct in 1958 and iii when a divided branch becomes extinct who companyld be the heirs to inherit its property obtained from the companymon and parent tarwad. The plaintiff appellant herein, a member of the Patakkal tarwad, instituted an action before the Tahsildar, being the authority to decide civil disputes in the Lakshadeep Islands claiming his entitlement to the properties of Kandangalam tarwad on the extinction of the said tarwad and prayed for recovery of possession. The Ameni Tarawad families will intermarry with these related families and also with the Karanavar class on the Malabar islands but number with other classes. The dispute relates to certain properties which belonged to a tarwad called Kandangalam which became extinct on the death of its last member in the year 1958. On chetalat Kiltan and Kadamath, with the exception of one family at Kiltan the people are all Melacheries who have migrated either form Ameni or from the companyst. One family at Kiltan which emigrated from Agathi many generations ago is number regarded as Melacheri and always holds the Khaziship of the island. On these numberthern islands those Melacheries who can read the Koran are styled Mukris and do number climb trees. Their superior standing is number recognised by the Ameni islanders and when they visit that island, they have to companyform to the custom regarding Melacheri dress. The Melacheries were the landless tree climbers. Islands in terms of the provisions of Laccadive, Minicoy and Amindivi Islands Civil Courts Regulation, 1965 came over to the file of the High Court at Kerala and the appeal registered AS No. The Kudiyatis were originally the tenant class. These appeals by the grant of special leave arising out of the judgments of Kerala High Court focus enforcement of certain ancient customs prevalent in the Lakshadweep Territory. The judgment as available on record companytains a detailed analysis of the practice and proeedure also as regards the entitlement of the parties. In its judgment the High Court set aside the order of the Tehsildar and the matter was however remitted to the Sub Court Kavaratti for fresh disposal on merits. A brief reference to the factual matrix, would also be companyvenient and useful at this juncture. Incidentally, this particular litigation has a chequered career. The Tehsildar dismissed the suit in the year 1963 and an appeal before the Appellate Authority, namely Development Officer of the L.M. It is also seen from Ext. 1999 Supp 5 SCR 371 The Judgment of the Court was delivered by BANERJEE, J. Being aggrieved, however, the matter came up before the High Court in appeal and the High Court also did lend its companycurrence with the findings of the learned Subordinate Judge and dismissed the appeal without any interference and hence these appeals before this Court. 409 of 1968 was allowed by the High Court by its judgment dated 20th July, 1973. A.
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1999_896.txt
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Skefko India Bearing Co. Ltd. hereinafter to as the Skefko, appellant in C.A.Nos. Replies to the said show cause numberice were submitted by Mirah Exports as well as Skefko. Punjab Bearing Traders were appointed as one such canvasser by Skefko. Skefko filed its reply to the said show cause numberice. In July and September, 1982 Mirah Exports companytacted Skefko for purchase of approximately 15 lakh pieces of ball bearings from SKF from Italy Germany. The entire negotiations for purchasing the said goods were carried out by Mirah Exports, 24 companysignments of ball bearings were imported by Mirah Exports from SKF Italy and SKF Germany and the balance quantities were imported by Skefko in the months of November, 1982 and January, 1983. After further investigation a show cause numberice dated May 31, 1984 was issued to i Skefko ii Mirah Exports iii Punjab Bearing Traders and iv the clearing agents of Mirah Exports. Clearance was sought against 22 import licences held by Mirah Exports. The said show cause numberice was based primarily on the price list for the year 1981 82 that was finished by the Central Office of the Oversees Suppliers to Skefko since the invoice value of the goods imported by Mirah Exports was 48.7 of the prices mentioned in the said price list. In addition to this Skefko book orders on their won behalf for stock and sale in India. Skefko, in their reply to the show cause numberice, submitted that Mirah Exports were number required to pay any amount over and above the invoice prices the prices charged in the invoice were in companysonance with the pricing policy of the companypany the exchange rate difference had caused variation of approx. Ltd. hereinafter referred to as Mirah Exports, appellant in C.A.No. Skefko had also imported ball bearings on the basis of import licence issued in its favour under invoice dated May 20, 1983 from SKF Germany and under Invoices dated March 17, 1983 and April 29, 1983 from SKF Italy. In pursuance of the orders dated June 7, 1985 passed by the Central Board of Excise Customs, the Collector of Customs presented three appeals against Skefko, Mirah Exports and Punjab Bearing Traders against the order of the Addl. Feeling aggrieved by the aforesaid orders of the Collector of customs, Skefko filed four appeals No. In the said show cause numberice it was stated that by undervaluing, Mirah Exports had misdeclared the value for bearings number. had also imported companyparable quantities of similar bearings at the same or lesser prices as those of Mirah Exports and the mere fact that the prices charged to buyers through Punjab Bearing Traders is as low as 48.7 of the price list does number prove anything by itself. Canvassers and Skefko, who import in even greater bulk or the purposes of only trading, and may secure even lower price, particularly if they generated additional volumes of sales. On or about June 22, 1983, pursuant to certain information, the officers of the Enforcement Directorate carried out search at the premises in Bombay of i Skefko ii Associated Bearings Co. Ltd. and iii Shri Kishan Chand, the President of Skefko. The Addl. They also act as intending agents for marketing of imported ball bearings for and on behalf of AB SKF, Sweden. The Bills of Entry in respect of 24 companysignments imported by Mirah Exports were submitted to the companylector of Customs, Bombay in the months of November, 1982 and January, 1983 and the same were numbered. Ball bearings of various types are manufactured by AB SKF in Sweden and by their subsidiary companypanies in U.K., Germany, France and Italy. The Tribunal has dismissed the appeals filled by Skefko against the orders of the companylector of Customs dated December 5, 1986 and march 20, 1987 but has allowed the appeals filed by the Collector of Customs against the order of the Addl. Collector of Customs in his order dated April 16, 1985 the said documents show that 20 discount is allowed to the original equipment manufacturers who import for fitment in their manufactured products and for this build up inventories with sizeable orders after securing favorable prices between various companypetitors but as regards canvassers and Skefko, who import in even greater bulk for the purposes of only trading, the policy envisaged that they may even secure lower price particularly if they generated additional volumes of sales. The matter of discount to be given on the prices indicated in the price list is actually mentioned in other documents that were seized during the search. Mirah Exports, in their reply to the said show cause numberice, stated that they were number aware of any price list in use by Skefko since the quantity being imported was about 5 lakh pieces of each type reduced prices had been given by the suppliers the imports by M s Crompton Greaves, Mahindra Mahindra and jay Engineering Works, who had been importing quantities from 10.000 to 50,000 pieces, had been at similar prices and that even the Government undertakings like BHEL, Hindustan Tele Printers and other public limited companypanies had been offered discounts ranging from 50 to 70 and the invoice prices were favorable companyparable with similar bearings from other companyntries like USSR, Romania Czechoslavakia and Japan. In addition M s Rajkumar Co. had imported one companysignment of bearing of SKF brand part No. 1030 34/94, are importers of ball and roller bearings. Collector found that apart from Mirah Exports, a number of other importers, viz.,
Skefko, Amul Engg.,
Works, Delhi, Jayaveer Forge, Davangere, Ajay Trading Co., Delhi, Ramgopal Lachmi Narayan, Bombay, Sanmukh Engineering Industries, etc. Original Equipment manufactures OEMs who import for fitment in their manufactured products and for this build up inventories with sizeable orders after securing favorable prices between various companypetitors and in view of their sizeable orders and the companypetition involved, the sales policy allowed upto 20 discounts on quantity upon the prices of the said price list iii. Collector before the Tribunal. 27 over their prices in 1981 82 for US Dollar when companypared with the exchange rate applicable to DM and the local agent have a discount upto 20 and for any higher discount, prices had to be accepted for each import by the supplier. Collector of Customs dated April 16, 1985. Skefko book orders from different types of customers which can be classified into three categories a Original Equipment Manufacturers OEM b Replacement user also described as Actual Users Aus and c Dealers who import for stock and sale. The said documents include the various letters and telexes received from SKF Oversees Bearings Division, Sweden which indicate the new pricing policy of the foreign supplier. Collector of Customs has found that the appellants herein. In the said orders the Collector of Customs took a view companytrary to that taken by the Addl. They raise the question whether there was undervaluation for the purpose of levy of customs duty under Section 14 of the Customs Act, 1962 hereinafter referred to as the Act in the invoices of the various companysignments of ball bearings which were imported by the appellants. Separate show cause numberices dated January 30, 1984 February 3, 1984, march 29, 1984 and October 21,1986 were issued by the Collector of Customs, Bombay in respect of the said imports. It was claimed that the price list was recovered during the companyrse of search that was companyducted by officers of the Enforcement Directorate on or about June 22, 1983. Ball bearings companyld only be imported against an import licence and in order to secure a large volume of orders, agents were required to companytact the licence holders and secure their orders for the purpose of companysolidating these orders into one large order. The Tribunal has directed the revenue authorities to fix the value as mentioned in price list No. Collector of Customs by his order dated April 16, 1986 discharged the numberice since the charges set out in the show cause numberice failed and directed that the companysignments in question be assessed on their invoice value. As pointed out by the Addl. During the said search certain documents were sebed by the Enforcement Directorate. The documents seized during the search and seizure that were produced by the appellants before the customs authorities genuineness of which was accepted by the Addl. that was companyducted by the officers of the enforcement Directorate on or about June 22, 1983. NU 209 under invoice dated July 31, 1984. Collector in his order dated April 16, 1985. On the basis of the said show cause numberices separate orders dated March 20.1987 were passed in respect of the show cause numberices dated January 30, 1984, February 3, 1984 and march 29, 1984 and order dated December 5, 1986 was passed in respect of the show cause numberice dated October 21,1986. 8102 dated February 15, 1981 less 20 discount. This policy was aimed at a more aggressive marketing objective and envisaged discounts even over 20 but on the approval of the sellers on a case by case basis, on reference to them . C/1473/87 A, C/2426/87 A, C/2435/87 A and C/2472/87 A before the Tribunal. particularly during the personal hearing, had led substantial evidence to chronologically show that despite the said price list there was a development of a new sales and pricing policy for number only India but the world over, after exchange of numerous companyrespondences and personal discussions during visits of representatives of the seller and that this policy distinguished between following categories of buyers on logical companymercial grounds Replacement users who order small lots at infrequent intervals ii. Collector held that since the documents which had been referred by the appellants to evidence the existence of the said policy were valid and acceptable since they were from amongst those which were seized by the Enforcement Directorate and on some of which even the department had based its case. C/1925/85A, C/1926/85A and C/1927/85A. These appeals have been filed against the judgment of the Customs Excise Gold Control Appellate Tribunal hereinafter referred to as the Tribunal dated September 4, 1989. 47/90, is a private limited companypany incorporated under the companypanies Act, 1956, carrying on business as importers, exporters and manufacturers representative at Bombay. Feeling aggrieved by the said decision of the Tribunal, the appellants have filed these appeals. 1030 34/90 J U D G M E N T C.AGRAWAL, J. All the 7 appeals have been disposed of by the Tribunal by the impugned judgment date September 4, 1989. The said appeals were registered as Appeal Nos. WITH CIVIL APPEAL Nos.
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1998_1043.txt
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The idea of H. E. H. the Nizam was that the plaintiff would be a great asset in the field of Unani medicine in the State of Hyderabad. H. E. H. the Nizam also promised to give sufficient grant to the Dawakhana when the question of reorganisation of Dawakhana was decided. On 1st Safar 1355 H, the Chief Secretary wrote to the plaintiff that E. H. the Nizam would inaugurate the plaintiffs factory to be called Mukzanul Advia Majeediya. On June 15, 1948, the Secretary to Government, Medical Department, submitted an Arazdasht to H. E. H. the Nizam for information. The terms of the agreement are companytained in the proposals as modified by H. E. H. the Nizam in the Firman dated July 2, 1945. It is companymon case that H. E. H. the, Nizam visited Delhi in or about 1936 and there he happened to meet the plain tiff and invited him to Hyderabad. The plaintiff accordingly went to Hyderabad and started his Dawakhana. 500 to the plaintiff till 1953. 50,000 was sent to the plaintiff and he was asked to send the book Tohfa e Osmania. 50,000 had been paid to the plaintiff but the balance had remained outstanding. The plaintiff had been working with the late famous Hakim Ajmal Khan Saheb. Is the Plaintiff entitled to any amounts or damages and if so to what extent? On 26th II Jami 1361 H, H. E. H. the Nizam issued an Order suggesting that something be done for Hakeem An war Ahmed who had suffered loss on ac companynt of dearness of Articles etc. Is the defendant Government entitled to receive the amounts paid to the Plaintiff. The plaintiff filed a suit for the recovery of O.S. The appeal is by the plaintiffs legal representatives. The suggestions were companyveyed to the plaintiff and he was asked to submit his own proposals for the companysideration of the Committee. It seems to us that the Government definitely entered into an agreement with the plaintiff. In this Order H. E. H. the Nizam also suggested that a Committee be appointed companystituting one member of the Finance Department, the other from the Military Department and the third from the Nazim Medical Service and this Committee be Ordered to submit its report within one month to the companycerned department in the Council companysidering all the aspects how to save this Makhasan from the devastations of time. H. E. H. finally companycluded Finally I think it necessary to say some thing more that is, this person is an expert in the art of medicine from the period of the late Hakim Ajmal Khan who had full companyfidence in his work and numberdoubt the medicines prepared by him are rare and unavailable in our days which were prepared in specified medical way. On April 6, 1948, the plaintiff wrote to the Secretary to the Government, Medical Department, suggesting that the cash companypensation which was to be paid to him be increased. 1,40,000 on the al legation that the defendant, the Hyderabad State Government had agreed to take over a companycern being run by the plaintiff and a book of prescriptions named Tohfa e Osmania, and in pursuance of that agreement Rs. In a meeting on August 19, 1942, the Committee decided that a companypany should be floated and the name of the proposed companypany would be Magzen Majeedia Advia Limited. 50,000 and a salary of Rs. On August 3, 1945, the plaintiff sent the book in a sealed companyer. It appears that one Syed Ahmed Mohiuddin was appointed Managing Director of the proposed limited companypany and in this Arazdasht it was suggested that he be relieved of the post. On June 15, 1948, the plaintiff wrote saying that Moulvi Syed Ahmed Mohiuddin, Managing Director, Maksan Adviya Majeedia Limited had number obtained any formal charge because the Company had number taken any separate existence till then. If so to what extent? Rs. The High Court, as mentioned earlier, dismissed the plaintiffs suit in toto and decreed the companynter claim of the defendant. In this he submitted that the companyditions were number favourable for companyverting the Magzan Advia Majeedia into a limited factory and the matter may be postponed for the present and the status quo maintained. 50,000, the money which had been already paid in pursuance of the alleged agreement. In pursuance of this directive the Committee met on July 29, 1942, and suggested a certain scheme. He suggested that the entire companypensation may be paid in cash. 500 per month to Answer Ahmad by the Government? On June 25, 1953, the Secretary to Government, Medical and Health Department, directed that 1 steps to recover the sum of Rs. This appeal by certificate granted by the High Court of Andhra Pradesh is directed against its judgment and decree setting aside the decree passed by the Trial Court and dismissing the suit filed by the plaintiff, Hakim Mir Anwar Ahmed, number deceased. He also wanted the companypensation for the medicines and the goodwill to be revised. The defendant companytinued to pay the allowance of Rs. The Trial Court had framed a number of issues but we are only companycerned with issues 6, 7 and 8, which are to the following effect Was there a companypleted and companycluded companytract enforceable under law and has the Plaintiff any cause of action? These sug suggestions were further modified in a meeting dated July 31, 1942. The State Government made a companynter claim and prayed for a decree for O.S. 70,000 and dismissed the companynter claim preferred by the defendant. Nizams grand son was known as Majeedi Pasha. However, numberhing further happened regarding the floating of the companypany. He further claimed arrears of allowance which was due to him under the agreement. The Trial Court passed a decree for a sum of O. S. Rs. What is the effect on this case of payment of a lump sum of Rs. Arrangements were made for the inauguration and the list of persons to be invited settled. The relevant facts for the deter mination of these issues are as follows. M. Sikri, J.
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1969_346.txt
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Both the companyplainant and PW2 were at their respective flats. PW2 crawled to the bedroom and from there she screamed for her mami PW1 , the companyplainant. The companyplainant helped PW2 to wear the clothes to companyer herself up. She opened the door from outside and PW2 opened the door from inside. He shifted his wife, PW2 in a car. At about 3.30 p.m., PW2 gave a call through the window to the companyplainant addressing as mami mami. Immediately the companyplainant rushed to the flat of PW2, which was on the 3rd floor and numbericed that the door was bolted from outside. The maid servant went to the gallery of her flat and told the companyplainant that she saw that blood was smeared on the face of PW2. Even thereafter, he kept inflicting blows on PW2. On the way, PW2 disclosed to the companyplainant that at about 2.00 to 2.15 p.m. one young boy came to her flat. PW2 threw the purse companytaining gold ornaments in front of him. PW2 displayed wisdom and bravery and received the injuries on her back. Hearing the sound, the companyplainant sent her maid servant Chingu to see as to why PW2 was calling for her. PW2 and her husband Jaydeep Patil, PW8, along with the deceased their grandmother were living in the same building in Flat No.301 since 31st August, 2007. PW2, according to her statement, moved with great difficulty to unbolt the door from inside when the companyplainant and her maid servant had companye. The companyplainant called up PW8. The companyplaint was lodged by Sumitra Ramesh Birajdar, PW1, maternal aunt of Shubhada Jaydeep Patil, PW2, who was resident of Flat No. Thereupon the accused started assaulting both, PW2 and her mother in law, the deceased with a sickle like weapon. Thereafter, the companyplainant went inside the bed room, she saw the deceased, mother in law of PW2, lying in a pool of blood. On 11th September, 2007, the police even went to get information from PW2 in the hospital. He also snatched the Mangalsutra from PW2 and her gold chain but did number stop the assault. The young boy said that he was a mechanic and was sent by sahib Jaydeep Patil to repair the car on which PW2 told him that their car was number out of order and asked the young boy to go back. He closed the door of the flat from inside. Jaydeep Patil, PW8 was serving in the ICICI Bank. According to the statement of PW13, Rajendra Sawant, he had murdered both the ladies which shows that he came out of the house thinking that both, the deceased and PW2, had died. The companyplainant, without any loss of time, gave a call to Jaydeep Patil, PW8, on his mobile and narrated the companydition of the house. Upon this, the accused became more aggressive and asked PW2 to remove her clothes and companymitted rape on her under the threat of further assault. When PW2 was taken to Bharti Vidyapeeth Hospital, they advised to refer her to Ruby Hall Clinic and, thus, PW2 was shifted to that clinic at about 5.30 p.m., where she was operated upon immediately and was in the ICU upto 18th September, 2007 and she was discharged on 28th September, 2007. Blood was lying everywhere in the flat. When he demanded more cash and jewellery, PW2 even offered him to search the entire house and take away what he wanted and requested him to spare them. The door was opened by her mother in law, the deceased. He then went to the bathroom, cleaned himself and fled from the flat and bolted the door from outside. PW2 was in her 5th month of pregnancy and, therefore, tried her best to avoid any injury on her stomach and, in fact, suffered all the injuries on her back. Having received the information from PW1, the companyplainant, Police had companymenced its investigation. The incident took place on 10th September, 2007 when the companyplainant was at her house. When she tried to companytact her husband on mobile phone, the said young boy snatched away the mobile from her. After the arrest of the accused, recovery of the articles, viz.,
the gold ornaments, mobile phone, clothes of the accused as well as the weapon used, was effected. The inquest panchnama of the body of the deceased, Shalini Jadhav, was drawn as Exhibit 45 on 10th September, 2007. The deceased was at the house of the companyplainant till about 11.30 a.m. when she left saying that she had to arrange her baggage as she wanted to go to Pandharpur. Further, the case of the prosecution is that the said young man assaulted the deceased a number of times and while she was on the ground and the accused demanded the ornaments on the person of the deceased. D 202, Purple Castle Society, Chintamaninagar, Bibwewadi, Pune. She stated that deceased Shalini Uddahaurao Jadhav was her close relative. At that time, he inflicted blows on the hands of the deceased by the weapon after which she fell down. The Police traced the native place of the accused, Awasari Khurd in Ambegaon Taluka and found that his name was Sandesh Kailas Abhang. The accused further demanded for jewellery and cash that was lying in the house, which probably was his main object. Ultimately, he gave the last fatal blow with the kukri the weapon he was carrying on the neck of the deceased resulting in her immediate death. At about 9.45 a.m., the deceased had companye to her house while she was going to temple. In furtherance to the information received, the accused was arrested from his house in Awasari Khurd Village and was taken into custody. Within 15 to 20 minutes, PW8 reached the house. He companylected them but at this stage when the deceased made some movement on the floor, he gave her another fatal blow on the neck which ultimately resulted in her death. The post mortem report, Exhibit 40, was prepared and signed by PW7, Dr. Milind Sharad Wable. On the basis of the description given by her, PW12, Girish Anant Charwad, had prepared the sketch of the accused which was widely circulated including publication in the local newspapers. The Police brought the dog squad as well as photographer, PW11, to the place of offence. It may be numbericed at this stage that the Trial Court has dealt with the extra judicial companyfession made by the accused to his friend, Rajendra Baban Sawant, PW13, at great length and found that his statement Exhibit 59 recorded under Section 164 of the Code of Criminal Procedure, 1973 for short, the Code fully companyroborated the case of the prosecution. When the Police party went there and made inquiries, the suspect was number traced. PW16, Ashok Shelke, the Inspector from the Crime Branch got an information that the suspect was residing at upper Indira Nagar area. They proceeded towards Bharati Vidyapeeth Hospital. However, there was numberreason for PW13 to make any false statement or for the Trial Court to disbelieve the same. She also gave a call to her husband. The Investigating Officer, after recording the statement of witnesses and companylecting other evidence, filed the charge sheet, Exhibit 4, before the Court of companypetent jurisdiction. The learned companynsel appearing for the appellant, the sole accused, at the very outset stated that the appellant does number wish to challenge the order of companyviction but is only companytending that the present case does number fall under the category of rarest of the rare case where penalty of death companyld be imposed upon the accused. Her neck had also been slit. Swatanter Kumar, J. The High Court by a detailed judgment companyfirmed the death sentence as well as dismissed the appeal filed by the accused, giving rise to filing of the present appeal. Thus, the companytroversy in the present appeal before this Court falls within a narrow companypass. The wrist of her left hand and four fingers of her right hand were mercilessly amputated. The present appeal is directed against the judgment of companyviction and order of sentence passed by a Division Bench of the High Court of Judicature at Bombay dated 23rd, 24th and 25th March, 2011 awarding death penalty to the present appellant. Police was also informed and it reached the spot. In order to examine the sustainability of the submission raised on behalf of the appellant, it is necessary for the Court to refer in brief to the case of the prosecution and the evidence on record. She resisted the attack to the extent it was possible for her in order to survive and protect the child in her womb from any harm. The appellant companymitted a companyd blooded murder and his companyduct was that of a brutal person. The appellant challenged the companyrectness of the judgment of companyviction and order of sentence before the High Court by filing a Regular Criminal Appeal being Criminal Appeal No.7 of 2011. They tried to resist his act. The prosecution examined as many as 18 witnesses. The articles recovered were sent for chemical analysis and report thereof is filed on record.
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2012_534.txt
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Under the said agreement, the appellant paid a refundable security deposit of Rs.6.5 crores to Capstone and RV Appliances at the rate of Rs.3.25 crores for each flat . Capstone and RV Appliances had borrowed loans from SBI Home Finance Ltd., the first respondent herein, for short SBI under two loan agreements dated 3.12.1994 by securing the said two flats in favour of SBI. On the same day 5.4.1996 a tripartite deposit agreement was entered among RV Appliances and Capstone as the first party, appellant as the second party and SBI as the third party. Under two leave and licence agreements dated 5.4.1996, Capstone and RV Appliances permitted the appellant to use their respective flats, for the term 1.9.1996 to 31.8.1999. Each licence agreement was signed, in addition to the licensor and licensee, by the other flat owner that is RV Appliances in respect of agreement relating to 9A and Capstone in respect of agreement relating to 9B and SBI as companyfirming parties 1 and 2. As there was numberconfirmation from Capstone and RV Appliances that they would refund the sum of Rs.6.5 crores, the appellant wrote a further letter dated 26.8.1999 stating that it would companytinue to occupy the flats if the security deposit was number refunded. Ltd. respondent No.3 herein, for short RV Appliances are the owners of flat No.9A and 9B respectively situated at Brighton, Napien Sea Road, Mumbai. The said application was resisted by the SBI. The claim of the SBI was for enforcement of the charge mortgage over flat No.9A and realization of the sale proceeds therefrom, which was specifically mentioned as a dispute which was arbitrable. By letter dated 4.8.1999, appellant informed Capstone and RV Appliances that it was number interested in exercising the option to renew the licences on expiry of the leave and licence agreements on 31.8.1999 and called upon the licensors to refund the security deposit of Rs.6.5 crores, assuring that it would vacate and deliver up the licensed flats on receipt of the deposit amount. The appellant companytends that the parties to the suit were all parties to the deposit agreement companytaining the arbitration agreement. A learned single Judge of the High Court by impugned order dated 7.3.2002 dismissed the application holding as follows Clause 16 of the deposit agreement arbitration agreement did number companyer the dispute which is the subject matter of the claim by SBI against its borrowers Capstone and RV Appliances and therefore, it was number open to the appellant to request the companyrt to refer the parties to arbitration. The appellant informed SBI and BIFR about it by endorsing companyies of the said letters to them. On a numberice of motion taken out by SBI seeking interim relief, the High Court issued the following order on 25.11.1999 The Defendant No.2 shall companytinue to occupy Flat No.9A and garages Nos. In or about July 1997 a reference was made by RV Appliances to the Board of Industrial and Financial Reconstruction BIFR for short under the Sick Industrial Companies Special Provisions Act, 1985 and in pursuance of it, flat 9B was taken over by the official liquidator. As the loan amount due by RV Appliances was number repaid, SBI filed a mortgage suit Suit No.6397/1999 in the High Court of Bombay on 28.10.1999 against Capstone first defendant , appellant second defendant , and RV Appliances defendant No.3 in regard to the mortgaged property flat No.9A for the following reliefs a for a declaration that the 1st defendant as mortgagor was due in a sum of Rs.8,46,10,731/ with further interest on the principal sum at the rate of Rs.16.5 per annum and additional interest for delayed payment at the rate of 2 per month from 1st September, 1999 till payment or realization b for a declaration that the amount and interest mentioned in prayer a above is secured in favour of the plaintiffs by a valid and subsisting mortgage of flat No.9A and three garages suit premises c for a direction to the first defendant to pay to the plaintiff the amount and interest in prayer a by such date as may be fixed by the Court for redemption of the mortgage and in the event of the first defendant failing to make payment by that date, the suit premises be sold by and under the orders and directions of the Court in enforcement and realization of the mortgage thereon and the net realization thereof be paid over to the plaintiff in or towards satisfaction of its claim herein d for a personal decree against the first defendant to the extent of any deficiency in sale realization e that the second defendant be ordered to vacate the suit premises and hand over possession thereof to the plaintiff to enable the plaintiff effectively to enforce and realize its security thereon. The arbitration proceedings shall be held at Mumbai. The arbitration proceedings shall be governed by the Arbitration and Conciliation Ordinance 1996 or the enactment, re enactment or amendment thereof. 45 to 47 situate at Brighton, 68D, Napean Sea Road, Mumbai but shall number create any third party right or interest of any nature whatsoever in the said flat number shall hand over possession of the said flat to defendant No.1 or 3 till further order. Not only filing of the written statement in a suit, but filing of any statement, application, affidavit filed by a defendant prior to the filing of the written statement will be companystrued as submission of a statement on the substance of the dispute, if by filing such statement application affidavit, the defendant shows his intention to submit himself to the jurisdiction of the companyrt and waive his right to seek reference to arbitration. The suit was filed on 28.10.1999. The detailed companynter affidavit dated 15.12.1999 filed by the appellant, in regard to the numberice of motion for temporary injunction, amounted to submission of the first statement on the substance of the dispute, before filing the application under section 8 of the Act and therefore the appellant lost the right to seek reference to arbitration. The appellant filed the companynter affidavit opposing the application for temporary injunction on 15.12.1999. Having regard to the clear mandate under section 8 of the Act, the companyrt ought to have referred the parties to arbitration. But filing of a reply by a defendant, to an application for temporary injunction attachment before judgment appointment of Receiver, cannot be companysidered as submission of a statement on the substance of the dispute, as that is done to avoid an interim order being made against him. The scope of section 8 of the Arbitration and Conciliation Act, 1996 Act, for short arises for companysideration in this appeal by special leave. This companyrt while granting leave on 28.8.2002 stayed the further proceedings in the suit. The application under section 8 of the Act was filed on 10.10.2001 nearly 20 months thereafter, during which period the appellant had subjected itself to the jurisdiction of the High Court. V.RAVEENDRAN, J. The said order is challenged in this appeal by special leave.
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2011_274.txt
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The informant Ajit Singh PW.1 and Baljit Singh PW.2 have admitted that they were present at the place of occurrence. The other injured persons, namely, Ajit Singh PW.1 , Baljit Singh PW.2 and Hardayal Singh were examined medically. On the same day in the evening at 5.45 P.M., the companyplainant Ajit Singh PW.1 , his father Inderjit Singh and brothers Surender Singh, Saranjit Singh alongwith Satwant Singh and Gurmit Singh went to drop Hardayal Singh at his residence in Matkawali Gali. Thus, companyplainants father Inderjit Singh, his brothers Surender Singh and Saranjit Singh, died on the spot and companyplainant Ajit Singh PW.1 , his brother Baljit Singh PW.2 and his grand father Hardayal Singh got injured. Lacerated wound 1 cm x 1 cm right side chest, 6 cm above right nipple. Injury Reports Ajit Singh PW.1 was medically examined and his injuries report Ex. Ajit Singh PW.1 and Baljit Singh PW.2 in their respective depositions have admitted their presence at the place of incident and admitted to suffering those injuries. The postmortem report of Surender Singh Ex. Lacerated wound 10 cm x 6 cm left abdomen lateral side. Lacerated wound 1 cm x 1 cm over right shoulder, margins inverted, circular. Lacerated wound 1 cm x 1 cm right side of lower abdomen 6 cm lateral to umbilicus, circular, margins inverted. The incident was witnessed by Gurmit Singh PW.3 , Satwant Singh PW.4 and companysins of companyplainant Ajit Singh PW.1 , Rajinder Kumar PW.5 , Harpal Singh PW.6 and Hira Lal PW.7 . 28 reads as under Lacerated would 12 cm x 14 cm right side abdomen 6 cm above and lateral to umbilicus and 10 cm below right nipple, margins crushed and multiple firearm injuries measuring 1 cm x 1 cm around the lacerated wound, margins inverted, muscle deep. The postmortem report of Inderjeet Singh Ex. Postmortem Reports The postmortem report of Sharanjeet Singh Ex. Multiple lacerated wounds measuring 1 cm x 1 cm over left chest around nipple some are cavity deep and some skin deep. Multiple firearm injuries measuring 1 cm x 1 cm in an area of 12 cm x 16 cm over middle of back, margins inverted, cavity deep, pellets and plastic companyk recovered wound of entering . 29 reads as under Lacerated wound 1 cm x 1.5 cm left side chest oval in shape, margins inverted 6 cm above left nipple, cavity deep. Satwant Singh PW.4 deposed matter had been companypromised in the Panchayat. Baljit Singh PW.2 was also an injured witness, and was also medically examined. The other witnesses Gurmit Singh PW.3 , Satwant Singh PW.4 , Rajinder Kumar PW.5 , Harpal Singh PW.6 and Hira Lal PW.7 had even denied their presence on the spot. The facts and circumstances giving rise to this case are that an FIR was lodged on 27.4.2000 at 6.40 P.M. with Police Station, Rudrapur, by companyplainant Ajit Singh PW.1 alleging that his grand father Hardayal Singh had given certain shares in his immovable properties to his three sons, namely, Gopal Singh, Joginder Singh and Mahender Singh and denied a share to his father Inderjit Singh and uncle Paramjit Singh, the appellant. and deposed that it was the companyplainant, Ajit Singh PW.1 , who had stated that the appellant had caused three deaths and injuries to 3 other family members. Complainant Ajit Singh PW.1 in his deposition, admitted his presence at the place of occurrence and also that he had suffered injuries in the same incident, however, he had denied the participation of the appellant in the crime. The appellant misbehaved with his father Hardayal Singh and brother Inderjit Singh and threatened them with dire companysequences, at the office of the Sub Registrar at Kichcha. He had further stated that Ajit Singh PW.1 had pointed towards the place of occurrence and on the basis of the same he prepared the site plan, Ex. I had deposited this gun with a dealer at Rampur. Harpal Singh PW.6 deposed that he had reached the place of occurrence after the companymission of the offence. He admitted his presence on the spot and admitted that he had suffered injuries. It is pertinent to mention here that injured Hardayal Singh companyld number be examined as he died of cancer during the trial. The appellant, Paramjeet Singh, had pointed out, from the distance of about 90 paces, the agency of the arms dealer. Shri Rajan Tyagi, Investigating Officer PW.8 , had proved the statements of all the witnesses recorded by him under Section 161 Cr. On being cross examined by the public prosecutor, he furnished the explanation for changing his stand, stating that he had named the appellant for the killing of Inderjit Singh, Surender Singh and Saranjit Singh and causing injuries to three others including the companyplainant at the behest of the members of the crowd present there, whereas he had number seen the appellant firing at the spot. The statement recorded by the Investigating Officer under Section 161 Cr. He also admitted that he was medically examined. However, he had admitted that he was medically examined. P.C., which was recorded by the Investigating Officer, Rajan Tyagi PW.8 . In their statements under Section 161 Cr. When they were alighting from the car, the appellant Paramjit Singh and two or three of his associates were sitting there. During the investigation on 4.5.2000, the Investigating Officer recovered the licensed Gun of the appellant, on the disclosure made by appellant himself, from an Arms Dealer at Rampur and the recovery memo and site plan of the place of recovery was prepared. The appellant had fraudulently sold a plot at Rudrapur and to prevent him from repeating such act, appellants father Hardayal Singh executed a General Power of Attorney, as well as a Will, dated 27.04.2000 in respect of one of his properties in favour of the companyplainants father, Inderjit Singh and thus, the appellant became annoyed. Sales Arms Ammunition Dealer, Railway Station, Rampur. So, it was the appellant at whose behest the gun was recovered. He named the appellant responsible for the crime while making a statement under Section 161 Cr. They suffered injuries but denied the involvement of the appellant in the crime altogether. He has further deposed that at 1.30 P.M. on 4th May, 2000 at the instance of a secret informer, the appellant, Paramjeet Singh, was arrested and the appellant had companyfessed his crime and had told him that the appellant had deposited his licensed gun with M s J.B. He had also admitted that FIR Ex. The Investigating Officer recovered and prepared the Seizure Memos of plain soil, blood soaked soil, three empty cartridges and a turban. The Investigating Officer PW.8 went alongwith the appellant and other police personnel to Rampur railway station for the recovery of the gun used in the offence. using the FIR as a substantial piece of evidence and recovery of 12 Bore Gun from an Arms Dealer at Rampur on the disclosure of the appellant and held the appellant guilty. The other eye witnesses even denied their presence at the place of occurrence itself. No witness was examined to prove that the material companylected by the Investigating Officer had been placed in safe custody in the Malkhana the Register maintained by the arms dealer at Rampur had number been produced before the companyrt number had the arms dealer been examined. In his cross examination, he was companyfronted with his statement recorded under Section 161 Cr. The said witness admitted that he had recovered empty cartridges and other materials from the place of occurrence including the piece of cloth, blood soiled earth and ordinary soil. they have also admitted that they suffered the aforesaid injuries at the hands of the appellant. P.C. He had supported the postmortem report, that postmortems of the dead bodies were companyducted on 27th April, 2000, which was recorded in the case diary. The crime had been companymitted against the society State and number only against the family and therefore, the pardon accorded by the family and Panchayat has numbersignificance in such a heinous crime. In such a fact situation, where all the witnesses had been won over by the appellant, as the family had pardoned the appellant, the case otherwise stood proved by circumstantial evidence. P.C., wherein he had named the appellant as the person who had companymitted the crime. He also admitted that in the document Ex. The empty cartridges and recovered Gun were sent to the Forensic Science Laboratory, Agra and other materials e.g., blood soaked soil and the clothes etc. He denied the suggestion that there was a companypromise in the family and because of that he had been falsely deposing to save the appellant. None of the said eye witnesses supported the case of the prosecution in spite of the fact that all of them had named the appellant as an assailant in their respective statements made under Section 161 Cr. He had also denied the suggestion that he was deposing falsely because of the companypromise in the family. Such an unwarranted attitude on the part of the witnesses disentitles any benefit to the appellant, who has companymitted a heinous crime. He admitted that there was a dispute in the family on the issue of sharing the immovable property, but he deposed that the appellant did number cause three deaths or injuries to three others. The postmortem reports of 3 persons, who died in the incident, are part of the record and speak for themselves. In spite of the extensive cross examination of Shri Rajan Tyagi, Investigating Officer PW.8 , the defence companyld number make out anything which may discredit his deposition. Panchayat had pardoned Pamma accused. He had admitted his signatures on the said statements. Per companytra, Shri Sunil Kumar Singh, learned companynsel appearing for the State of Uttarakhand has vehemently opposed the appeal companytending that appellant had been found guilty of companymitting murder of 3 members of his own family and injuring 3 other family members. The dead bodies of the aforesaid three persons were recovered vide Panchnama and postmortems were companyducted on the bodies of all the three deceased on 28.4.2000 in the Base Hospital, Haldwani. The prosecution examined 8 witnesses to substantiate its case before the trial Court. None of the relevant incriminating pieces of circumstantial evidence had been put to the appellant by the companyrt while examining him under Section 313 Cr. P.C., and the appellant companyld number explain his whereabouts at the time of occurrence of the incident. The case of the prosecution has duly been supported by the medical evidence as well as the other material companylected by the Investigating Officer during the investigation. The matter had been companypromised in the Panchayat. K 1, he had stated that the appellant had companymitted the offence. In spite of the fact that a companypromise by Panchayat was number proved before the trial Court, it had been used against the appellant. The Investigating Officer companypleted the investigation and submitted the charge sheet against the appellant. All relevant questions had been put to the appellant under Section 313 Cr. The witnesses i.e. The appellant, with an intention to kill them, started firing. They alighted from the jeep and the appellant walked towards it and got recovered the gun which was lying in an almirah of the said shop and identified the same. More so, numbermotive or genesis of occurrence companyld be established on the record of the case. The companyrts below companymitted an error in accepting the inadmissible evidence e.g., companyfession before Police official companytents of statement recorded under Section 161 of Code of Criminal Procedure, 1973 hereinafter called Cr. However, he did number support the case of the prosecution when he was examined in the companyrt. Out of 8 witnesses, 7 turned hostile. The case should be examined from another angle also. The medical report companyroborated the case of the prosecution. The trial Court as well as the High Court erred in companyvicting the appellant as numbere of the alleged pieces of circumstantial evidence companyld be proved by the prosecution. of the deceased were also sent to FSL, Agra for chemical analysis. He denied the charges and claimed trial. K 1 was lodged by him and the same had been in his handwriting. Hence, this appeal. The companyrts below have rightly companyvicted the appellant. has been in companysonance with his version made in the FIR. After companyclusion of the trial, the learned Sessions Court vide its judgment and order dated 9.8.2001 found the appellant guilty of the offences punishable under Sections 302 and 307 IPC and awarded the sentences mentioned hereinabove. Being aggrieved, the appellant preferred Criminal Appeal No.1767 of 2001 before the High Court of Uttarakhand at Nainital which has been dismissed vide impugned judgment and order dated 30.4.2004. present both upper and lower limbs. R.M. We have companysidered the rival submissions made by the learned companynsel for the parties and perused the record.
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2010_625.txt
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Excluding the land so transferred, the land remaining in the hands of the petitioner is admittedly below the ceiling prescribed under the Act. The petitioner is admittedly in personal cultivation of his land, which, excluding that sold to his wife, is below the ceiling prescribed under the Act. It amended the Pepsu Tenancy and Agricultural Lands Act, 1955. On January 14,1959 the Punjab Legislature passed Pepsu Tenancy and Agricultural Land Amendment Act, 1959, Act III of 1959 . In the year 1956 he transferred one half of the said land in favour of his wife Shrimati Charanjeet Kaur. By the amendment Chapter 4 A was added to the earlier Act and also a ceiling was imposed on land under personal cultivation. The facts may be briefly stated The petitioner owned land measuring about 284 bighas situated in village Narinderpura. Under the said amending Act, numbertransfer or other disposition of land effected after August 21, 1956, except in favour of persons mentioned thereunder, shall affect the right of the State Government under the Act to the surplus area to which it would be entitled but for such transfer or dispositions Relying upon that section and including in the total area held by the petitioner the land transferred by him in favour of his wife the Special Collector, Chandigarh, on May 31, 1962, served a draft statement on the petitioner holding that certain extent of land was surplus area. On October 30, 1956, Act XV of 1956 was passed by the Legislature of the Patiala and East Punjab Union. P. Bhandari and R. Gopalakrishnan, for the petitioner. 32 of the Constitution of India for en forcement of fundamental rights. The petitioner, questioning the order of the Collector on various grounds, filed this petition for the enforcement of his fundamental rights. Gopal Singh and R. N. Sachthey, for respondents Nos.1 and 3. N. Sachthey, for respondent No. Petition under Art. This is a petition under Art. 110 of 1966. The Judgment of the Court was delivered by SubbaRao, C.J. ORIGINAL JURISDICTION Writ Petition No.
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1967_12.txt
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Accused Sabbir forbade Wilayat from digging the soil but Wilayat companytinued digging the soil. Thereupon a scuffle ensued between accused Sabbir and deceased Wilayat. They found that Wilayat had died on the spot. Injured Rahmat and deceased Wilayat were also residents of this very village. On hearing such reply, the appellant told Wilayat that he would see Wilayat on the spot. On sustaining injuries, Wilayat fell down in the mud. When scuffle was so going on, the accused Sabbir asked the appellant to kill Wilayat by saying as to what he was looking at. The accused Sabbir was arrested from the spot. From the place which is near to the field of the appellant, deceased Wilayat used to dig and take earth from the pond. When they reached the pond, they saw that their brother Wilayat was digging earth in the pond from 10 to 12 paces away from the field of the appellant. They also numbericed that Rahmat who had attempted to rescue his brother Wilayat was also assaulted by the appellant with knife as a result of which Rahmat had fallen down. On receipt of the knife blow, Wilayat immediately turned. Deceased Wilayat, after taking a spade, went towards the pond for bringing soil at about 5.45 a.m. After some time, Chhote came out from his house and witnessed that deceased Sabbir and the appellant were going speedily towards the pond. Chhote was also accompanied by his brother Rahmat. Thereupon deceased Wilayat replied the appellant and his father that their field was upto the palm tree whereas pond was companymon for the villagers and he would bring soil from the pond even on that day. On that day, in the morning at about 5.00 a.m., Rahmat, with his deceased brother Wilayat and Chhote went for offering prayers in a mosque. The appellant and his father stopped Wilayat and Rahmat and told that they had taken earth from the place near their field and if earth was again taken from the same place, they would be appropriately dealt with. Between the pond and the field of the appellant, there is a palm tree. As Chhote saw the appellant and his father going speedily towards the pond, he decided to go to the place where his deceased brother Wilayat was digging the earth to see that numberhing untoward happened to him. After offering Namaz, they came out from the mosque at about 5.30 a.m. Rahmat and his brother Chhote were residing in the same house and the house of deceased Wilayat was situated leaving one house from their house. Rahmat tried to catch hold of the appellant but the appellant inflicted injuries by knife on Rahmat also. Yasin with others had caught hold of the legs of Sabbir and, therefore, Sabbir had also fallen down and dashed with another palm tree and sustained superficial injuries. Thereupon, the appellant inflicted another injury by knife on left side of chest of Wilayat from the front side. This was number approved by Sabbir who was father of the appellant and he used to object to the digging of soil from the pond on the ground that the field belonging to him would get damaged. During the pendency of the said appeal, Sabbir, who was father of the appellant, expired. Because of the hubbub created by the incident, Ms. Banu Begum, Pattu Wilayat, Mohd. In the village, there is a Panchayat pond. Accused Sabbir had also made attempt to flee from the place of incident but Md. Thereafter, those people who had gathered near the place of incident had tied Sabbir with the tree. As far as injuries sustained by accused Sabbir are companycerned, it was mentioned by this witness in cross examination that both the injuries sustained by Sabbir companyld have been caused by only one dash with any blunt object. The Investigating Officer went to the place of incident and held inquest on the dead body of Wilayat in the presence of Panchas. On the companytrary, the evidence shows that the appellant and his father had gone to the place where deceased was digging earth and accused Sabbir had picked up quarrel with him. The field of the appellant is located on the southern side of the pond. The appellant in Criminal Appeal No.757 of 2005 with his father Sabbir, son of Ilahi Bux was charged for companymission of offences punishable under Section 302 read with Section 34 Indian Penal Code IPC and Section 307 read with Section 34 IPC for causing death of Wilayat and attempting to companymit murder of Rahmat. Chhote also tried to catch hold of the appellant but accused Sabbir caught hold of companylar of the shirt of Chhote and in the meantime the appellant made his escape good from the place of incident. On this, the appellant who was already armed with a knife, took out the same from his pants pocket and gave one blow on the back of Wilayat. Injured Rahmat was referred to hospital for treatment. A fair reading of the testimony of the medical officer makes it abundantly clear that the accused Sabbir had sustained two superficial injuries when he had hit the palm tree whereas the injury sustained by the appellant was self inflicted one. The boundary of the field belonging to the appellant is extended upto the said palm tree after which the boundary of the pond begins. On appreciation of the evidence adduced by the prosecution, the learned Judge held that it was proved by the prosecution beyond reasonable doubt that the deceased Wilayat had died a homicidal death. The evidence on record does number indicate that any assault was mounted either on the appellant or his father by the deceased or injured Rahmat. The said pond is meant for companymon use of all the villagers. A cart was summoned at the place of incident and Chhote along with injured Rahmat had gone to Kichha where he had met Sayed Mohammed Saleem who had reduced the information into writing. During the pendency of the appeal, the father of the appellant, i.e., Sabbir expired and, therefore, the case of the appellant alone was companysidered by the Division Bench of the High Court of Uttaranchal at Nainital. The appellant with his father was residing near the mosque. The people of the village used to take earth from the said pond for maintenance of their houses and other household purposes. After hearing the appellant and his father as well as learned Additional Public Prosecutor and the defence companynsel, the appellant was sentenced to life imprisonment for companymission of offence punishable under Section 302 as well as R.I. for ten years for companymission of offence punishable under Section 307 IPC whereas his father Sabbir was sentenced to life imprisonment for companymission of offence punishable under Section 302 read with Section 34 IPC and R.I. for seven years for companymission of offence punishable under Section 307 read with Section 34 IPC. On the western side of the pond, there is a house of one Sagir and on the west side of the said house, there is a passage whereas on the west side of the passage there is abadi of the village. Accordingly, the appellant and his father were companyvicted. In their further statements, the appellant and his father pleaded that they were innocent. The charge was read over and explained to the appellant and his father. The medical Officer, after looking to the spade, answered that its sharpness was number such so as to cause injury sustained by the appellant. Kichha, District Nainital. The length of the pond from east to west is about 40 to 50 paces whereas its width from numberth to south is about 25 to 30 paces. Feeling aggrieved, the appellant and his father preferred Criminal Appeal No.1034 of 2001 in the High Court of Uttaranchal at Nainital. reached the place of incident. This medical officer was cross examined on behalf of the appellant and a suggestion was made to him that the injury sustained by the appellant companyld have been caused by a sharp side of the spade. Feeling aggrieved, the appellant and his father preferred Criminal Appeal No.1034 of 2001. The medical officer was further questioned by the learned companynsel for the appellant and it was replied by him that if the spade had been used to cause injury to the appellant, it would have caused an abrasion and number the incised wound. Thereafter, the appellant and his father were heard on the question of sentence. After explaining the difference between incised wound and an abrasion, namely, that incised wound companytains edge and also intermediary tissue and all those are clean cut whereas in case of an abrasion, skin tissues slough superficially, it was mentioned by the medical officer that Exhibit I was number that sharp so as to cause incised wound sustained by the appellant. Therefore, the prosecution examined witnesses and produced documents to prove its case against the appellant and his father. After the companyplaint was scribed, Chhote had put his thumb mark thereon and went to the Police Station. The High Court also found the appellant guilty for companymission of offence under Section 308 IPC and sentenced him to R.I. for two years and fine of Rs.1,000/ in default I. for three months. Accordingly, the High Court companyvicted the appellant under Section 308 IPC and sentenced him to R.I. for two years and a fine of Rs.1,000/ in default R.I. for three months by judgment dated December 24, 2004. The appellant is resident of Village Darauki Madhaia, P.S. Incriminating articles were seized from the place of incident. The Division Bench of the High Court, by judgment dated December 24, 2004, held the appellant guilty for companymission of offence of culpable homicide number amounting to murder punishable under Section 304 Part I IPC and sentenced him to undergo R.I. for 10 years and a fine of Rs.5,000/ in default R.I. for one year. The High Court found that there was numberenmity between the parties number there was premeditation between the appellant and his father for companymitting the crime. The testimony of Dr. Yogesh Mishra further makes it very clear that on the same day he had also examined the appellant and found following injury Incised wound 3 cm x 0.5 cm x skin deep present on the right palm on middle side 6 cm above ulnar styloid process. Yasin, Bafati Shah etc. It was suggested to the medical officer that Exhibit I, spade, before it was opened in the companyrt was kept at different places for a period of about 1 years and, therefore, its edge might have become blunt, but this suggestion was emphatically denied by him. After recording of evidence of the prosecution witnesses was over, the learned Judge explained to the appellant and his father the circumstances appearing against them in the evidence of prosecution and recorded their further statements as required by Section 313 of the Code of Criminal Procedure, 1973. The incident in question took place on October 13, 1980. Feeling aggrieved, the appellant has filed Criminal Appeal No.757 of 2005 by Special Leave. Thereafter, the three brothers came to their respective houses. The appellant was also arrested on the same day. Therefore, feeling aggrieved by the said acquittal, the State of Uttaranchal has filed Criminal Appeal No.758 of 2005 by Special Leave. Both the appeals arise out of the companymon judgment dated December 24, 2004 rendered by the Division Bench of the High Court of Uttaranchal at Nainital. After investigation was over and chargesheet was submitted, the case was companymitted to the Court of learned Sessions Judge, Nainital for trial. Therefore, the appeal filed by the appellant was companysidered by the High Court. His companydition was precarious and, therefore, his statement companyld number be recorded. He also made arrangement for sending the dead body of the deceased to hospital for post mortem examination. However, numberwitness was examined by any of them in support of their defence that they were innocent. At the Police Station, the companyplaint was presented. M. PANCHAL, J. This Court has heard learned companynsel for the parties at length and companysidered the documents forming part of the appeal as well as original record summoned from the Trial Court. He recorded the statements of those persons who were found to be companyversant with the facts of the case. Both of them pleaded number guilty to the same. The facts emerging from the record of the case lie in narrow companypass. The above judgment has given rise to the two appeals.
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2010_264.txt
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The accused Reechoo A 5 shot an arrow which hit Kal Singh P 10 in his back and the accused Naval Singh A 8 also shot an arrow which hit Resala PW 12 . The accused Chatariya A 3 shot an arrow which hit on the right shoulder of the companyplainant. The accused persons started shooting arrows and pelting stones. The accused Laxman A 1 shot an arrow which hit the deceased and on sustaining the injuries the deceased fell down and died immediately. On the way the accused Laxman A1 , Chatarsingh A3 , Bashiy A7 , Raisingh A9 , Navalsingh A8 , Reechoo A5 , Nakoo, Bathalya A6 Bhomalya A2 and Kishan A4 stopped Chastar and Gulab in the field of Remsingh situated on the backside of the house of Navadiya at about 11 M. Gulab ran away from the spot and told the villagers that the accused persons have stopped the deceased and were assaulting him. On hearing this the companyplainant Anar Singh PW 1 , Kal Singh PW 10 , Resala PW 12 and other persons of the village went running to the place of incident. Chhattariya A3 , Richhu A5 and Nawal Singh A8 were companyvicted under Section 324 IPC. When deceased fell down, the accused run away. The companyplainant was having old enmity with the accused persons, due to this reason the accused persons companymitted murder of the deceased who was nephew of the companyplainant, and he also sustained injuries. Chastar hereinafter referred to as deceased and Gulab Singh PW9 had gone Gadaghat to take the food grain, and were companying back to the house after taking the food grains from the bullock cart. The High Court allowed the appeal so far as it relates to Bhoomaliya A2 , Kishan A4 , Bathilaya A6 , Banshiya A7 and Rai Singh A9 and acquitted them of all charges. One of the accused who faced trial along with 9 others had died during the trial. The companyplainant Anar Singh reported the incident on the same day in writing at the police station, which is Ext. The accused are described as per their number during trial. Placing reliance on the evidence of eye witnesses, the Trial Court found the accused persons guilty and companyvicted and sentenced as numbered supra. Initially 9 persons had faced trial for alleged companymission of offences punishable under Sections 148, 302 and 324 read with Section 149 IPC. Prosecution version in a nutshell is as follows On 12.3.1993 there was the festival of Rangpanchami. After investigation the charge sheet was filed in the companyrt of the Judicial Magistrate, First Class, Khargon under Sections 147, 148, 149, 302 and 324 I.P.C., which was registered as Criminal Case No.380/93. In order to establish its accusations prosecution mainly rested on the evidence of PWs 1, 9, 10 and 12 who were stated to be eye witnesses. 1471 of 2006 ARIJIT PASAYAT, J. Appellant calls in question legality of the judgment rendered by a Division Bench of the Madhya Pradesh High Court, Indore Bench. Crl. Arising out of S.L.P. Three others i.e. Case was transferred to the Sessions Court. Leave granted.
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2006_554.txt
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O R D E R CIVIL APPEAL NO 1638 OF 2008 Arising out of SLP C No.20263 of 2006 Leave granted. At the time of issuance of numberice on 14th of December, 2006, this Court passed the following order Counsel for the petitioners, who are the legal representatives of the purchaser from the plaintiff in the suit and who have been found guilty of the breach of the order of injunction states that the petitioners shall restore possession to the Receive of the portion which was injuncted from being occupied and which was vacated by Punjab National Bank. This appeal is preferred against the final judgment and order dated 31st of August, 2006 passed by the High Court of Judicature at Jabalpur, Madhya Pradesh, in Civil Revision No.1479, dismissing the civil revision with companyts quantified at Rs.3,000/ .
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2008_307.txt
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1 opened the assault by giving a stick blow on the head of Sadashiv and he was immediately followed by respondent No. Murtaza Fazal Ali, J. This appeal by special leave is directed against the judgment of the Bombay High Court dated 5 4 1973.
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1980_22.txt
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The defendants as plaintiffs in O.S.No.397 of 1976 had averred that on 18.5.1976 their father had executed a Will wherein the oral partition effected in 1962 was reiterated. According to the defendants, their father had, all along, acted in terms of the companypromise decree passed in OS No.397 of 1976. The plaintiff had filed the suit OS No.99 of 1995 out of which the present appeal has arisen seeking a declaration that the decree dated 16.8.1976 passed in OS No.397 of 1976 by the learned Munsiff, Mangalore was obtained by the defendants 1 and 2 plaintiffs in that suit by fraud and companylusion designed to defeat the provisions of the Urban Land Ceiling Act, 1976. 397 of 1976, the same was amicably resolved, as evident from the companypromise decree dated 16.8.1976. OS No.397 of 1976 was companypromised and a decree was passed on 16.8.1976 to the effect that the defendants 1 and 2 and their father were the absolute owners of the property divided partitioned in the year 1962 described as Schedule A, B and C properties respectively companysisting of 42, 42 and 47 cents of land respectively. According to the plaintiff, O.S.No.397 of 1976 was instituted by the defendants 1 and 2 claiming that in the year 1962 an oral partition was effected between her father and defendants 1 and 2 dividing the aforesaid property in more or less equal proportions i.e. According to the plaintiff, she and her elder sister defendant No.3 were number made parties to the suit and the same was instituted by the defendant Nos. The execution of the Will dated 18.5.1976 the filing of the suit by the defendants OS No.397/76 and the passing of the companypromise decree dated 18.07.1976, in view of the close proximity of time to each other, were held to be relevant facts leaning in favour of the version put forward by the plaintiff and casting a serious doubt on the bona fides of the defendants in filing OS No.397/76, so as to warrant the companyclusion that the decree in the said suit was intended to overcome the effect of the Urban Land Ceiling Act on the suit property. In fact, he had sold a part of the Schedule C property that had devolved on him under the companypromise decree and in the sale deed it was again recited that he was the absolute owner of the property, companyveyed by the said sale deed, under the companypromise decree dated 16.8.1976. However, as their father had subsequently denied the oral partition of the property made in the year 1962, the aforesaid OS No.397 of 1976 was filed by the defendants 1 and 2 seeking the relief of declaration of their ownership etc. Therefore, the properties belonging to the father of the plaintiff companyld number have been divided partitioned without giving the plaintiff her share therein. According to the plaintiff, numberoral partition was made in the year 1962 as claimed and the Will dated 18.5.1976 had number been probated or registered so as to have any legal effect. In the plaint filed in OS No.99 of 1995 the plaintiff had stated that the father of the plaintiff and defendants, one Anthony Pais, inherited land measuring 96 cents and 47 cents companyered by Survey No.124 and 127 respectively situated in 90 A Boloor Village, Mangalore. Aggrieved, the plaintiff filed an appeal before the learned District Judge, Mangalore who allowed the same and decreed the suit of the plaintiff. The substituted appellants hereinafter referred to as the plaintiffs are the legal heirs of the plaintiff who had died during the pendency of the present appeal. In the written statement filed by the defendants 1 and 2, it was companytended that after the partition was effected in the year 1962, their father had number disowned the same and in fact by the Will dated 18.5.1976 had re affirmed the said oral partition. D 1 by the father and the testimony of DW 1 would go to show that the companypromise decree was given due effect. The learned trial companyrt further held that the companypromise decree was number required to be registered in view of the fact that the decree was only declaratory of the shares of the parties made as far back as in the year 1962. The respondents 1 and 2 Defendants 1 and 2 are the brothers of the deceased plaintiff whereas respondent Nos. to defeat the provisions of the original Urban Land Ceiling Act, 1976. It is against the aforesaid judgment and decree dated 30.6.2005 that the present appeal had been filed by the plaintiff who died during the pendency of the appeal and has been substituted by her legal heirs. 42, 42 and 47 cents respectively. In these circumstances, the learned trial companyrt came to the companyclusion that the validity of the companypromise decree cannot be doubted on the grounds urged. As the plaintiff had numberpre existing right to the said property, she companyld number have questioned the division of the same made in the year 1962. The learned trial companyrt also took numbere of the fact that after the companypromise decree was passed, its authenticity and genuineness had number been questioned by the father of the parties and the facts subsequent thereto, i.e. The learned trial companyrt dismissed the suit by its judgment and decree dated 22.7.1997 holding that the property having devolved on the father from his mother it was open for him to divide the same amongst his children, as he desired. A second appeal before the High Court of Karnataka was instituted by defendants 1 and 2 which was allowed by the impugned order dated 30.6.2005 reversing the decree passed in favour of the plaintiff by the learned First Appellate Court. 3 i and ii are the legal heirs of the original defendant No.3 who is the elder sister of the parties. It was further stated that though there was a dispute that led to the filing of the OS No. Both the substantial questions of law framed by the High Court are interconnected inasmuch as the answer to either revolves around the legal validity of the companypromise decree dated 16.08.1976. The learned trial companyrt also came to the companyclusion that the evidence of PW1, husband of the plaintiff, clearly demonstrated that there were four buildings on the suit land prior to the year 1968 and, therefore, the provisions of the Urban Land Ceiling Act were number applicable to the suit property. The suit was dismissed by the learned trial companyrt. In the second appeal, the High Court following the two substantial questions of law for its determination Whether the lower appellate companyrt is right in holding that the companypromise arrived at was liable to set aside without going into the question that plaintiff had locus stand to question the companypromise? It was, therefore, prayed that the said decree be declared as null and void. It was claimed that the companycept of joint family property is alien to the parties who are Christians by faith. 1 and 2 with an oblique purpose i.e. execution of the sale deed Ext. RANJAN GOGOI, J. The facts essential for an effective adjudication of the present appeal may be briefly numbered at this stage.
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2014_454.txt
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PW 1 ran to the house of PW 6 to inform him. Then PW 1 and PW 3 stepped back. PW 7/A was registered by PW 7 Head Constable . Sunita PW 11 , the daughter of his brother Kartar Singh PW 5 for household job and PW 11 stayed in the house of the deceased. Santosh PW 4 , PW 6 presented about 30 tolas of gold ornaments worth about Rs.10,000 to PW 4. PW 4 on her first visit to the house of PW 6 brought all the ornaments and stayed there for 6 months. On 25.5.75 the deceased rebuked PW 4 and asked her to bring the ornaments from her parents, but PW 4 expressed her helplessness. On the way PW 11 met PW 3 at some distance but despite enquiry by PW 3, PW 11 companyld number give any reply and she was dumb sticken. At this point of time PW 11 escaped from the scene house and went to the house of her father PW 5 to inform him. In the meanwhile PW 5 on being informed by PW 11 came to the scene house along with Pws 1,3,and 6. PW 17 after making his endorsement Ex. On 29.5.75 PW 17 arrested both the appellants. By that time, PW 3 came by the side of the house of the deceased. As PW 4 had gone to her parents house, the deceased brought Km. So PW 11 became panicky and kept silent. PW 11 questioned both the appellants as to what they were doping to which the appellants threatened PW 11 saying that she would also be killed if she uttered any word. PW 1/B before PW 17, the Sub Inspector of Police of Punjabi Bagh who was at the relevant time was incharge of Shakurbasti Police Station also. PW 11 was sleeping in the verandah adjoining the outer companyrt yard. PWs 1 and 6 went to the police station of Shakurbasti where PW 1 gave the report Ex. Though PW 4 went to her parents house many times to fetch the ornaments she was number successful. Then appellant Mahesh Chander dragged the deceased inside the house while appellant Mohinder Singh kept on hitting the deceased with that pestle. On 27.5.75 at about 8.00 p.m. the appellant Mohinder Singh who is numbere other than the brother of PW 4 came to house of deceased along with his friend appellant Mahesh Chander. So under the pressure of her husband, PW 4 went to her parents house on 25.5.75 at about 3.00 a.m. to get back the ornaments. PW 1, a neighbour of the deceased who had earlier seen the deceased and both the appellants lying on different companys in the front companyrt yard of the house of the deceased and who was sleeping on the terrace of his house heard the voice of the deceased MAR DIYA, BACHAO, BACHAO by about 3.30 a.m. From the upstairs of his terrace he saw the appellant Mahesh dragging the deceased inside the house and appellant Mohinder Singh beating the deceased with the wooden pestle Ex. The other witnesses were formal witnesses and PW 17 was the investigating officer. The deceased persistently asked his wife PW 4 to bring back the ornaments telling her that her father and brother had intended to grab the same. After companypleting the investigation PW 17 laid the charge sheet. The facts of the case briefly stated are as follows The deceased Hanumant Singh was the son of Harkishan Singh PW 6 . At about 3.15 a.m. on the intervening night of 27/28.5.75 PW 11 was woke up and found the appellant Mahesh Chander sitting over the deceased and securing him firmly. PW 17 accompanied by PWs 1 and 6, went to the scene place and recorded the statements of PWs 3,5,6, and 11. PW 2 the police Surgeon performed necropsy on the dead body of the deceased and numbered as many as 9 injuries, of which injury Nos. PW 17/A, to the report, dispatched the same for registration of a case to the companycerned Punjabi Bagh Police Station where the I.R. The deceased shouted MAR DIYA, MAR DIYA, BACHAO BACHAO Being killed, being killed, save me, save me . Then she went to her parents house wearing all those ornaments but left them with her father Dhani Ram and brother Mohinder Singh and all the ornaments were never returned by her father and brother. While so, appellant Mohinder Singh gave a blow with a wooden pestle Moosal on the head of the deceased resulting in bleeding injuries. Thereafter all the four namely, PWs 1,3,5 and 6 entered the house and found the deceased dead. At the time of the marriage of the deceased with Smt. The prosecution examined PWs 1,3, and 11 as eyewitnesses to the occurrence. The deceased and these two appellants took their bed in the outer companyrt yard. The appellant Mahesh Chander explained his refusal to take part in the identification parade stating that he did so as his face was never muffled and that the PWs saw him in the police station. P8 from the front companyrt yard and the blood stained wooden moosal Ex. An identification parade was arranged but the appellant Mahesh refused to participate in the parade. Ex. He prepared a rough site plan and held inquest over the dead body of the deceased. Both PWs 1 and 3 shouted at the appellants to which both the appellants threatened the witnesses if they tried to intervene. Shreepal Singh, NP for the intervener. 38/75 on the charge that on 28.5.1975 at about 3.30 a.m. in Pitam Pura within the jurisdiction of Punjabi Bagh Police Station both appellants in furtherance of their companymon intention companymitted murder of Hanumant Singh, the deceased herein and thereby companymitted an offence punishable under Section 302 read with 34 IPC. The appellants examined PWs 1 to 6 on their side to prove the strained relationship between the parties and the arrest of the appellants in the office of the Electricity Board, Gurgaon. PWs5 and 6 were examined to speak about the appellants running away from the scene after the companymission of the crime. When they were at a distance of 8 to 10 paces, they saw the appellants running towards Shakurbasti. P1 from near the dead body. 5,7 and 9 were fractures and injury No.6 was a companytusion. Tapas Ray, Kailash Vasdev and Ms. A Ssubhsashinsi NP for the Respondent. 1 to 3 were lacerated wounds, injury Nos. Injury No.4 was a bruise over the tip of right shoulder. He seized the blood stained earth from 5 different spots under the recovery memo Ex PW2/B 13. CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos.432 628 of 1979. He also recovered some human hair Ex. Sharma for the Appellants. He sent the dead body for post mortem examination. N. Mulla, Uma Dutta and B.D. A.No.323 of 1976. He summoned the crime team and got the place of occurrence photographed. Feeling aggrieved by the judgement of the Trial Court both the appellants preferred Criminal Appeal No. The appellants when examined under Section 313 of the Code of Criminal Procedure, denied their companyplicity with the offence in question though admitted the relationship. These two appellants were accused Nos. 323/76 before the High Court which for the reasons assigned, affirmed the judgement of the Trial Court and dismissed the appeal as being devoid of merits. The learned Trial Judge, accepting the case of the prosecution companyvicted both the appellants under Section 302 read with Section 34 IPC and sentenced them to undergo imprisonment for life. The Judgment of the Court was delivered by RATNAVEL PANDIAN, J. 2 and 1 respectively before the 8th Additional Sessions Judge and they took their trial in Sessions Case No. The bones at various places were broken. From the Judgment and Order dated 4.5.1979 of the Delhi High Court in Crl. The above appeals by special leave under Article 136 of the Constitution of India are directed against the companyrectness and legality of the judgment dated 4th May, 1979 of the High Court of Delhi in Criminal Appeal No.323/76. Hence these two appeals.
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1991_160.txt
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Virendra Varma R.W. 7 and Virendra Singh R.W. The numberification fixed March 1, 1971, for the poll in the Aligarh and Koil segments and March 3, 1971 in the Iglas, Khair and Chandaus segments. 3 , Yogendra Pal Singh and Virendra Varma R.W. to take place in Aligarh and Koil on March 1, 1971.
and in Iglas, Khair and Chandaus on March 3, 1971. 1 and Prakash Vir Shastri, Virendra Varma, Raghunath Singh and Ram Prasad Deshmukh in Khair, Chandaus and Iglas between 7 3 1971 and 9 3 1971 as detailed in para 30 of the petition ? 9 Whether Virendra Varma and Raghunath Singh appealed to Jat voters to vote for respondent No. 6 of 1971. 1s election agent Yogendra Pal Singh and Virendra Varma and Charan Singh appealed to Jat and Thakur voters at Iglas on 7 3 1971 number to vote for the petitioner as he was a Muslim and number to allow Muslim, Jatav and Brahmin voters to vote as detailed in para 34 of the petition Issue No. 5 Whether Pooran Singh Malan respondent No. He examined Gajendra Singh P.W. 14 , Jodh Pal Singh R.W. 16 and Govardhan Singh P.W. This companystituency companysists of five Assembly companystituencies namely, 376 Aligarh, 377 Koil, 378 Iglas, 379 Khair and 380 Chandaus. 24 , Ombir Singh P.W. 19 , Kishan Singh P.W. A meeting was also held, according to the appellant, in the village of Beswa on 8 3 1971 at 12.30 P.M. at which Pooran Singh Malan, Yogendra Pal Singh and Virendra Varma are said to have made objectionable speeches. The appellant examined Bed Vir Singh P.W. March 15, 1971 The date before, which the election shall be companypleted. 25 , Chetanya Raj Singh P.W. candidate, Shiv Kumar Shastri Respondent No.1 to the, Lok Sabha from the 76 Aligarh Parliamentary companystituency in the general elections held in March 1971. in Aligarh and Koil was companypleted peacefully on March 1, 1971 and the appellant obtained the highest number of votes as will appear from the chart given below 367 377 378 379 380 City Koil Iglas Khair Chandaus Total Sarva Shri Amar Singh 205 559 603 760 868 3,995 Jagdish Gandhi 500 1,291 1,114 1,103 927 4,937 Pooran Singh Malan 18,385 4,165 310 337 386 23,583 Mohd. Yunus Saleem 44,422 25,228 17,134 19,372 18,030 124,186 Virpal Singh 622 1,240 1,026 1,254 1,320 5,462 Shiv Kumar Shastri 4,719 16,260 42,281 53,240 43,012 180,313 Saheb Singh 558 3,170 1,653 1,671 3,076 6,958 On March 2, 1971 a companymunal riot between Hindus and Muslims took place in Aligarh city and as a result of this the Election Commission on receipt of reports of the local authorities at Aligarh postponed the poll in the remaining segments from March 3, 1971 to March 9, 1971. Issue No. 18 and Ram Das Singh P.W. Various dates between March 1, 1971 and March 5, 1971 For holding the poll in different companystituencies in Uttar Pradesh. 11 Whether at the same meeting mentioned in para 34 Yogendra Pal Singh falsely stated that the petitioner was a Razakar of Hyderabad and had instigated the Aligarh riots ? The appellants witnesses with regard to this meeting are Raj Kumar Singh P.W. 1 and the other persons named in paragraph 30 of the petition and the statement of further particulars made speeches in Khair, Chandaus and Iglas Tehsils alleging that the petitioner was responsible for companymunal riots in Aligarh and other placer,, which statements were known by them to be false ? 17 to establish the allegations with regard to the speeches made by Mahendra Singh R.W. 1 and Kalyan Singh, M. L.A. appealed to Hindu voters in Gordha village on 7 3 1971 number to vote for the petitioner because he was a Muslim as detailed in para 29 of the petition and whether similar appeals were made to voters by respondent No. Another petition was also filed by the appellant on 18th November, 1971, for examination of Pooran Singh Malan respondent No. 1, to promise number to vote for the petitioner but to vote for respondent No. 11 and Raghunath Prasad Sharma R.W. 2 withdrew from the election on 6th March and asked his supporters to vote instead for respondent No. 2 Whether the order of the Election Commission adjourning the poll from 3rd March to 9th March was without jurisdiction and illegal ? 1 on the ground that he was the candidate of a party led by Shri Charan Singh as detailed in para 30 of the petition ? As will appear from the above chart, during the poll this time on March 9, 1971, the first respondent obtained a very high percentage of votes with the result that he was declared elected. 7 Whether voters were induced by threats offered by Hukum Singh, the polling agent of respondent No. Mere were seven candidates on the run for the election from this companystituency. The poll was scheduled. 2, to withdraw his candidature so that Hindu votes may number be divided and a Muslim candidate may number win the election. There was also another meeting at Gabhana Village at 11.00 A.M. on 8 3 1971 at which speeches were said to have been made by the first respondent and Prakash Vir Shastri, General Secretary of the B.K.D. From the judgment and order dated the 21st December, 1971, of the Allahabad High Court in Election Petition No. Evidence was led by the appellant with regard to this meeting by examining Radha Raman Dhwaj Prasad Singh W. 21 and Harcharan Lal P.W. To refute allegations made by these witnesses, the, first respondent examined himself R.W. 1 as detailed in paragraph 28 of the petition ? 28 and Brij Lal Sharma P.W. Yunus Saleem, the defeated Congress R candidate, is against the judgment of the Allahabad High Court wherein he challenges the election of the B.K.D. 26 and Dev Dutta Bhardwaj P.W. The Chief Election Commissioner has been impleaded as a respondent in this appeal. The 2nd respondent, although a Samyukt Socialist Party candidate SSP , was sponsored by the four parties alliance companysisting of Jan Sangh, Swatantra, Congress led by Shri Nijalingappa, and Samyukt Socialist Party. 8A Whether respondent No. 8 Whether respondent No. The High Court rejected the prayer on the ground that his name did number figure in the list of witnesses supplied on 9th November, 1971. This election appeal under section 116A of the Representation of the People Act, 1951 briefly the Act by the appellant, Mohd. 12 Whether respondent No. 1 has companymitted companyrupt practices as defined in clauses 1 , 2 , 3 , 3A and 4 of section 123 of the Representation of the People Act ? 10 Whether respondent No. The appellant alleges several companyrupt practices in his election petition before the High Court and also raises certain question of law. Hardyal Hardy, S. S. Khanduja and S. K. Dhingra, for respondent No. The first respondent also produced rebutting evidence with regard to each of these alleged meetings. If so, was this done as a result of inducements offered at the instance of respondent No. The High Court has repelled the companytentions of the appellant We are number companycerned in this appeal with the following issues Issue No. The polling. Solicitor General of India and M. N. Shroff, for the respondent number 2. 7 . 2 as a witness. 9 denied the allegations. The Judgment of the Court was delivered by GOSWAMI, J. 282 of 1972. 29 . Subba Rao and J. B. Dadachanji for the appellant. N. Sinha. 12 . CIVIL APPELLATE JURISDICTION Civil Appeal No. 31 . 22 .
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1974_85.txt
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That application was deemed to have been rejected on the ground that on 21/26 11 1991 the assessee was asked to remove the goods on 18th December, 1991. Again, the assessee asked for extension of period for warehousing. On 23rd December, 1991, however, the Department asked assessee to clear the goods. Admittedly in the present appeals, goods were sent to the bonded warehouse on 3 9 1991 for a period of three months, so the period of bonded warehouse was to expire on 2 12 1991. It is the companytention of the assessee that it sought extension of period by filing application on 18th November, 1991. C/1663/92 B passed by the Customs, Excise and Gold Control Appellate Tribunal, New Delhi, the assessee has preferred these appeals. Against that judgment and order passed by the Collector of Customs, the Department preferred the aforesaid appeal before the Tribunal. It is admitted fact that in April, 1992 final assessment order was passed by the Assistant Collector, Customs Department number granting benefit of the numberifications. Against that order appeal preferred by the assessee before the Collector of Customs Appeals , was allowed and benefit of exemption numberifications was granted on the basis of the Boards circular dated 12 7 1989. That appeal was allowed by the Tribunal relying upon the decision rendered by this Court in Kesoram Rayon v. Collector of Customs, Calcutta . Thereafter on 1st March, 1992, another numberification was issued exempting auxiliary duty. The appellant did number remove the goods. Thereafter on 16th January, 1992 the Government issued a numberification reducing rate of duty. On 21st January, 1992 the appellant filed the bill of entry. Being aggrieved and dissatisfied by the judgments and orders dated 9th May, 2000 and 10th August, 2000 in Appeal No. Heard the learned companynsel for the parties.
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2003_1007.txt
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for INDIAN AIRLINES CORPORATION. Both the Courts found on the evidence that the appellant used to make trunk calls whenever he was on duty from the Indian Airlines Corporation office at Jaipur for the release of seats and that he would call for and receive trunk call charges from intending passengers. Gupta, Incharge of the Office of the Indian Airlines Corporation at Jaipur that the appellant had companylected Rs. 184.90 towards trunk telephone charges but actually deposited with the Airlines Corporation a sum of Rs. A typical sample of the receipts given by him on behalf of the Airlines Corporation is Exhibit 40 which is as follows INDIAN AIRLINES CORPORATION NEW DELHI. The modus operendi followed by him, it is alleged, was that he would demand a higher amount for Trunk Call charges than were likely to be incurred and he would issue a companyrect receipt for those amounts on behalf of the Airlines Corporation but after making the trunk call, he would alter the companynter foil with the actual amount of trunk call charges. As it happens, when the quota of seats allotted to Jaipur is full, intending travellers who request for accommodation would be required to pay trunk telephone charges for enabling the Airlines Corporation to obtain release of seats from quotas allotted to other centers. 250/ under section 409, I.P.C. The practice of the Airlines was to companylect the approximate charges and issue a receipt therefore and if a seat was available, the reservation would be companyfirmed and accommodation given to the passengers if seats companyld be released from other centers for Jaipur. The appellant was employed as a Traffic Assistant in the Indain Airlines Corporations office at Jaipur and his duty was to make reservations of the passengers intending to go by air and issue tickets. 354577 Station Jaipur. The accused denied having companylected the amounts or of having issued the receipts and further stated that whatever amounts were companylected by him were paid in the office of the Airlines everyday. 23.40 for proposed trunk call charges from the Agency but made numbercall and numberseat was allotted to the passenger of the Mercury Travel Agency even though one was available and that seat was given by B. S. Gupta to someone else. 250/ under section 5 2 read with sections 5 1 c and 5 1 d of the Act. Singh ofthe Mercury Travel Agency, Jaipur companyplained to B.S. 250/ to Rs. Received with thanks from M s. M Travels, Jaipur sum of Rupees Twenty three and forty nP, being the amount T Call charges to Udaipur and AMD for re lease of seat. and section 5 2 read with section 5 1 c and d of the Act and sentenced to rigorous imprisonment of 18 months and a fine of Rs. and section 5 2 read with section 5 1 c of the Act, but reduced the fine for each of the offences from Rs. B. S. Gupta questioned the appellant who then made a companyfession of his having companylected the amount but number having made a call. Thereafter on 15 1 1964 another Special Judge charged him on two companynts, namely, under section 5 2 read with section 5 1 c and section 5 2 read with section 5 1 w of the Act. The appellant who was incharge of these arrangements between 16 2 62 and 30 8 62, companylected Rs. The accused was initially charged on three companynts, firstly, under section 5 2 read with section 5 1 c of the Prevention of Corruption Act 1947 hereinafter referred to as the Act , secondly, under section 409, I.P.C., and thirdly, under section 477A, I.P.C. 23.40 On 31 8 62, one M.D. After the trial, the appellant was, however, companyvicted under section 409, I.P.C. and 18 months rigorous imprisonment, and a fine of Rs. The High Court, however, thought that the Special Judge had number recorded any companyviction under section 5 1 d of the Act and in that view companyfirmed the companyviction and sentence of the appellant of 18 months rigorous imprisonment on each of the companynts, namely, under section 409, I.P.C. 44.91 and misappropriated the balance of Rs. On the same day he would make a daily return showing the actual amounts and deposit them with the Cashier. Date 30 8 62. The sentences on both these companynts were, directed to run companycurrently. 139.99. Sd Cashier. S. R. Chari and S. B. Wad, for the appellant. After making this companyfession he immediately resigned his job. 101 of 1969. B. Mehta, for the respondent. 558 of 1966. 150/ . Appeal by special leave from the judgment and order dated April 16, 1969 of the Rajasthan High Court in S. B. The Judgment of the Court was delivered by Jaganmohan Reddy, J. Criminal Appeal No. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. A preliminary inquiry was companyducted by the Area Manager who thereafter lodged the First Information Report. This is an appeal by special leave against the judgment of the Rajasthan High Court.
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1972_77.txt
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In Atma Ram Properties the tenant, having lost before the Rent Controller preferred an appeal before the Rent Control Tribunal. 12,050/ per month in place of the companytractual monthly rent of Rs. Of late, orders are companying to this Court where, in cases arising from ejectment proceedings, the High Courts, with a view to strike a balance between the companypeting interests of the landlord and the tenant, pass interim orders asking the tenant to pay to the landlord or deposit in companyrt, as monthly rent, certain sum fixed by it that, according to the High Court, should be the reasonable market rent for the tenanted premises , far in excess of the existing monthly rent. The landlord challenged the orders passed by the two authorities under the Rent Control Act in a writ petition filed before the Allahabad High Court and while admitting the writ petition the Court gave an interim direction to the tenant to pay rent at the rate of Rs. The Court further directed that if the rent fixed by it was number paid for two companysecutive months the landlord companyld evict the tenant by companyrcive means taking the aid of police. The landlords application for eviction of the tenant on grounds of personal necessity was turned down by the prescribed authority. The effect of the order of the High Court was that during the pendency of the appeal before the Tribunal the tenant would companytinue to remain in occupation of the suit premises on payment of an amount equivalent to the companytractual rate of rent. But the respondents maintain that the Court has been very liberal with the appellant and the amount of monthly deposit fixed by the companyrt is far less than the current market rent in that area. In Niyas Ahmed Khan, the position was quite different. It may be stated at the outset that just a little scrutiny revealed that there was numberconflict between Atma Ram Properties and Niyas Ahmad Khan. In a suit filed by the respondent landlord for recovery of possession of the demised premises the appellant entered into a companypromise and agreed to vacate the premises by a certain date on certain terms regarding rent etc. The appellant did number vacate the premises as agreed and the decree was put to execution. The appellant was an advocate and thus belonged to a scheduled class of tenants whose dwellings enjoyed special protection under the East Punjab Rent Restriction Act, 1949. Against the High Court order the landlord came to this Court in appeal. The appellant is in occupation of the suit premises since 1966. 1233/3730 of 1986 on grounds of i default in payment of taxes and water charges as stipulated under section 13 3 a and ii reasonable and bona fide need of the landlords, respondents 1 to 3 for their own use and occupation in terms of section 13 1 g of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 the Bombay Rent Act or the Act hereinafter . Shortly thereafter the area of application of the East Punjab Rent Restriction Act, 1949 was extended and with effect from November4, 1992 it came to apply to Chandigarh where the rented property was situated . The appellant suffered a decree of ejectment passed by the Court of Small Causes on June 30, 2003 in RAE R Suit No. In this case, while it was at the threshold, it was stated before this Court that two of its Division Bench decisions, one in Atma Ram Properties P Ltd. vs. Federal Motors P Ltd, 2005 1 SCC 705 and the other in Niyas Ahmad Khan vs. Mahmood Rahmat Ullah Khan, 2008 7 SCC 539 had taken companyflicting views on the companyrectness of such orders passed by the High Court. 5,40,000/ every month companymencing from the date of the decree passed by the trial companyrt. 515.35/ per month. Later on, after hearing the parties the Court stayed the execution of the decree by order dated October 14, 2008 subject, however, to the companydition that the appellant would deposit a sum of Rs. The Court, however, did number allow the landlords to take away the money but further directed that the deposits would be ad hoc and subject to further order in the revision or in any other appropriate proceeding. 5236.58/ , besides water charges at the rate of Rs. 11,050 sq. C No.7361 of 2005 seeking to challenge the orders of ejectment. The Government of Maharashtra, the appellant before us, is in occupation of an area of 9000 sq. The decree was passed on October 9, 1972. The appellant then moved the High Court in Civil Revision Application No.78 of 2007 challenging the orders of its ejectment. The High Court admitted the Civil Revision on December 10, 2007 and issued rule on interim relief regarding stay of execution of the decree. The suit premises, used for housing the office of the Registrar Co operative Societies is situate at Fort, opposite GPO, near S.T. The Court directed that the amount in arrears should be deposited by January 10, 2009 and from that date the future deposits for every month should be made by the tenth of the next succeeding month. The tenant challenged the companydition attached to the stay order before the High Court in a petition filed under Article 227 of the Constitution of India. Coming number to the second set of decisions, the case of Mani Subrat Jain arose from an order of the appellants eviction in execution of a decree made against him. The appellant finds the companydition on which stay is granted highly onerous. Respondents 1 to 3 purchased it under a deed of assignment dated May 5, 1982 and stepped into the shoes of the landlord. as per the affidavit in reply filed by the appellant companyprising the sixth floor of a building on a monthly rental of Rs. The Court passed a companysent decree on the basis of the agreement entered into by the parties. Its appeal No.752/2003 against the decree was dismissed by the Division Bench of the Small Causes Court by judgment and order dated April 28, 2005. The High Court allowed the writ petition and set aside the companydition imposed by the Tribunal. This Court allowed the appeal, set aside the High Court order and restored the order passed by the Tribunal. It, accordingly, disposed of the writ petition by order dated March 15, 2007 leaving it open to the appellant to file a civil revision application as provided under section 35F 2 of the Act. It also directed the office to invest the amount s , in case deposited by the appellant, in a nationalized bank, initially for a period of one year and then for further periods of one year each. At that time the building belonged to the Maharaja of Travancore. The Bombay High Court declined to entertain it on the ground that the appellant had a remedy available to it under the Act itself. The deposits made in the Court were number permitted to be withdrawn by any of the parties until the appeal was finally decided. The appellant initially filed a writ petition W.P. AFTAB ALAM, J. The order of the prescribed authority was companyfirmed by the appellate authority. The case was, accordingly, directed to be placed before a three Judge Bench and that is how it came to be heard before us. 150/ . Railway Station in the heart of the city of Mumbai. Leave granted.
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2009_1081.txt
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original jurisdiction writ petition number 522 of 1974.
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test
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1975_11.txt
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907 909/74. 908 909/74. 907 909/74 for rr. 1354 1355/75. 907, 908 and 909 of 1974 are by the State of Kerala and the Land Board, Trivan drum. 90.7 909 are M.T.J. 1354 and 1355 of 1975 are by petitioners who had. in CAs. M. Abdul, Advocate Genera1 for the State of Kerala, and K.M. 1355/75 Appeal by Special Leave from the Judgment and Order dated 19 6 75 of the Kerala High Court in C.R.P. 949/74. 18541855/75. 1354/75 Appeal by Special Leave from the Judgment and Order dated 9 7 75 of the Kerala High Court in C.R.P. Miss Lily Thomas for the Respondents in CAs. 611/74. 375 377/73 respectively. Nos. Civil Appeals Nos. applied for revision of the orders of the Taluk Land Board, Ala thur, dated June 11, 1974 and April 27, 1974. They are directed against a companymon judgment of the Kerala High Court dated July 27, 1973. Appeals by Special Leave from the Judgment and Order dated 27 3 73 of the Kerala High Court in O.P. The State of Kerala feels aggrieved because the High Court has taken the view that the transfers made between September 15, 1963 and January 1, 1970 had to be recognised and Kayal lands companyprised therein excluded in reckoning the ceiling area and the excess lands to be surrendered after January 1, 1970. K. Nair for the Appellants in CAs. Pillai for the Appel lants in. S. Krishnamoorthy lyer and P.K. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. Josephs children. High Court dismissed the revision petitions by two separate judgments dated July 9, 1975 and June 18, 1975. CIVIL APPEAL No. The appellants in the three appeals Nos. The Judgment of the Court was delivered by SHINGHAL, J. All the appeals are by special leave. No.
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1976_227.txt
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The appellant is aggrieved by his order of reversion dated 09.08.2007 from the post of Bill Clerk to that of Khalasi. NAVIN SINHA, J. The appellant had passed the departmental examination in service. Leave granted.
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2019_849.txt
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Chitale as arbitrator while filing the arbitration agreement. The State approached the District Judge to set aside the award, inter alia, on the ground that the arbitrators had number decided the question of the liability of the State to reimburse the claim due to escalation of wages which was one of the matters referred to the arbitrators. As the arbitrators had calculated the amount taking the labour companyponents as 35 per cent, the finding of the arbitrator was held to be based on wrong basis. In these circumstances the aforesaid question was referred for determination by the two named arbitrators. By a speaking order the arbitrators required the State to pay to the claimant a sum of Rs 236 lakhs with simple interest 12 per cent. After the reference was entered into by the arbitrators the appellant claimed a sum of Rs 3,42,69,847 on the aforesaid companynt. Though the actual wages paid by the appellant on account of the increased rates came to Rs 245 lakhs, but as the earlier award was for Rs 236 lakhs this was the amount which came to be awarded by the arbitrators. I A/87 by which an earlier award had companye to be remitted to the arbitrator for reconsideration keeping in view the legal arguments advanced. Kathuria as arbitrator, it approached the companyrt to direct the State to file the arbitration agreement and to make an order of reference. The District Judge by his order dated July 21, 1988 set aside the award being of the view that the arbitrator did number at all companysider whether the State was liable to reimburse. The State admitted that the companytractor was liable to pay the increased wages under the Minimum Wages Act, but took a stand in paragraph 12 of its companynter that the claimant was number entitled to the increased amount on account of revision of wages and denied its liability to reimburse. The appellants averment was that after the companytract was entered into, minimum wages were raised by the State and the appellant was required to pay wages accordingly. After the matter was taken up again by the arbitrators, the State brought to their numberice that as per the aforesaid remand order they were required to decide the question whether the State was liable to pay escalation amount in the light of the agreement. The revision of the wages upset all the calculations as extra amount had to be paid on this companynt. The arbitrators, however, by order dated November 20, 1986 awarded a sum of Rs 236 lakhs with simple interest 12 per cent to the claimant appellant. The first award owes its origin to the following question referred for determination by the two arbitrators named in the order of the District Judge passed on April 12, 1985 Whether the State is number liable to reimburse to the applicant Rs 3,42,69,847.00 for the period August 7, 1979 to August 31, 1984 on account of difference in wages. Kathuria. The Superintending Engineer rejected the claim of reimbursement on the ground of numberescalation clause in the companytract, whereupon the appellant called upon the Superintending Engineer to appoint an arbitrator on behalf of the State. The District Judge took the view that the difference in wages was required to be calculated on actual basis unless the parties agreed upon some other formula for calculation. This is what finds place in paragraph 3 of the submissions made before the arbitrators, a companyy of which is at p. 226 of Volume 11. The appellant impugns the judgment of the High Court of Madhya Pradesh by which it has upheld the order of the District Judge, Jabalpur, setting aside the award of the arbitrators in exercise of power companyferred by Section 30 a of the Arbitration Act, 1940, hereinafter the Act. Goel had stepped into the shoes of Brigadier D.R. The rates quoted by the appellant, however, related to wages as were prevalent at the time when the tender was invited. The District Judge took the view that the whole award was number required to be set aside and remitted the same as companytemplated under Section 16 1 c of the Act. The appellant carried the matter in appeal to the Madhya Pradesh High Court which held in the impugned judgment that the arbitrators ought to have given their finding insofar as primary question of liability was companycerned which, however, was number done. That application was based on the terms of the agreement entered into by the appellant with the State of Madhya Pradesh relating to companystruction of Bargi Masonry Dam. When the matter came to be taken up by the District Judge the main companytention advanced was, however, relating to quantum of award, as it would appear from paragraph 5 of the order of the District Judge passed on May 6, 1987. The award to be set aside was one which had companye to be passed following the order of the District Judge dated May 6, 1987 in Civil Suit No. This number having been done and the appellant having appointed one Brigadier D.R. It may be stated that by the time the award was passed one Shri K.C. One of the terms of the agreement as incorporated in clause 4.3.29 2 provided for settlement of dispute arising out of companytract by arbitration. The attack on this score was on the ground that the arbitration companyld number have calculated the amount on the task basis of the sub contractor and piece workers. Not only this, it even named one Shri V.M. The numberapplicant did number oppose indeed it filed numberreply. This is what appears from the States petition filed on January 23, 1987 under Section 30 of the Act. Some defect was also found on the question of quantification. The reference was made on an application made by the appellant under Section 20 1 of the Act. In the remand proceedings the appellant brought further materials on record and also examined some witnesses. Something was also said about interest. The Judgment of the Court was delivered by HANSARIA, J.
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1994_96.txt
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A.Nos. At that stage, appellants herein filed a writ petition before the High Court challenging the Admission Rules to Medical, Engineering and Dental companyleges for the year 1996 97 whereby the companyleges run by Bharati Vidyapeeth were included in the admission proposed to be companytrolled by the CET authority. Thereafter, the High Court adverted to the decisions of this Court in Kumari Nivedita Jains case and Ajay Kumar Singhs case. This Court granted an interim order on 19.5.1997 to the following effect which is companytinuing till today We are informed that the examination process has already began as early as February, 1997. Thereafter, they decided to keep themselves outside the scope of the State authority. The High Court after companysidering various arguments of the learned companynsel appearing on either side dismissed the writ petition. With C.A. 1 herein . Nos. Hence, this appeal by special leave.
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2004_89.txt
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On March 23, 1988 the Tamil Nadu Government approved a panel of six Regional Transport Officers including the four appellants before us for the purpose of temporary promotion to the cadre of Deputy Transport Commissioners. The writ petitions were transferred to the Tamil Nadu Administrative Tribunal. They were excluded from the panel either on account of disciplinary proceedings initiated or criminal case pending against them In view of pendency of such proceedings, the Government had decided to overlook their promotions as Deputy Transport Commissioner. This appeal is directed against the judgment of the Tamil Nadu Administrative Tribunal which allowed the appeals of respondents 3 to 5 and quashed the temporary promotions of the appellants 2 to 4 as Deputy Transport Commissioners. The said respondents preferred writ petitions before the High Court of Madras questioning the exclusion of their names in the approved panel and seeking direction to include their names therein. Respondents 3 to 5 who are seniors to the appellants were, however, number included in the panel. Heard companynsel on both sides. Special leave granted.
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1989_337.txt
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Labh Singh was the deceased. Labh Singh fell on the ground. Labh Singh got up and chased me. Charan Singh then struck a blow with his kassia on Labh Singhs head. Labh Singh gave kirpan blow on me which I warded off by raising my kassia. Zail Singh and Ujagar Singh raised an alarm but both the accused lifted Labh Singh and took him inside their house. A lalkara was raised by Charan Singh that Labh Singh would number be permitted to escape. Thereupon Surjan Singh aimed a takwa blow on the head of Labh Singh who warded it off with his left hand. Charan Singh, who had been admittedly injured by Labh Singh and others in the past, at the spur of the moment formed a companymon intention with Surjan Singh to cause grievous injury to Labh Singh. I then gave a kassia blow to Labh Singh as a result of which, he fell down to the ground. Thereafter Labh Singh was carried further and the door was chained from inside. When they were near the doorway of the house the accused struck Labh Singh again with their respective weapons. The two eye witnesses stated about both the accused dragging Labh Singh to their house after Charan Singh had struck the deceased with the kassia on the head. On August 26, 1967.
after taking liquor in the house of Piara Singh PW 4 , Labh Singh, Zail Singh PW 2 and Ujagar Singh PW 3 were returning home at about 10.00 P.M. Labh Singh was ahead of the other two and when he reached near the house of the accused, Charan Singh armed with a kasaia, and Surjan Singh armed with a takwa were standing near their house. About eight or nine years before the occurrence there was a criminal case against Labh Singh and two others on account of causing hurt to accused Charan Singh. Surjan Singh had two companytusions and one abrasion while Charan Singh had three companytusions and two abrasions. When I reached near my house, I found Labh Singh deceased standing near the heaps of manure, while he was under the influence of liquor. My brother Surjan Singh was number with me at the spot. I was then having the kassia Ex. Py where the latter was asked to examine the injuries of accused Charan Singh and to report if they were self inflicted. Both the trial Court and the High Court accepted the evidence of the eye witnesses, namely, Zail Singh and Ujagar Singh. While the trial Court companyvicted the accused under Section 302/34, the High Court altered the companyviction to Section 326/34 observing as follows On the other hand the totality of the circumstances shows that when Labh Singh intoxicated with liquor came in front of the house of the accused persons he said something objectionable. He came inside my house and aimed a kirpan blow at me, but I gave him more blows. Both the accused had injuries on their person. Even the deceaseds son, Harbhajan Singh PW 6 stated that there was numberdispute between his father and the accused since that companypromise. He was armed with a kirpan. The prosecution wants to explain these injuries through the evidence of Hakam Singh, Sub Inspector of Police PW 9 who stated that the accused offered resistance when they were arrested and at that time they received some injuries. I ran to my house. The accused were arrested the following evening. P4 with me. He also raised a lalkara. These injuries were simple and were said to be received about 8 hours prior to their examination on August 27, 1967, at 10.15 P.M. I then left for my tubewell. The learned defence companynsel, however, draws our attention to a letter from this officer to the Medical Officer Ext. That case, however, was companypromised. The above briefly is the prosecution case.
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1975_369.txt
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The said Contingent Bill was returned by the Controller of Defence Accounts CDA Meerut with certain objections. During this period Captain Chhabra submitted a Contingent Bill dated September 25, 1975 for Rs.16,280 for winter liveries of the depot civilian chowkidars and sweepers. Thereupon the appellant submitted a fresh Contingent Bill dated December 25, 1975 for a sum of Rs.7029.57. In view of the difference in the amounts mentioned in the two Contingent Bills, the CDA reported the matter to the headquarters for investigation and a Court of Enquiry blamed the appellant for certain lapses. The respondents had issued bills for Rs.50,219/ from 16.11.1982 to January 15, 1983 for Rs.20873/ for January 16, 1983 to March 15, 1983 to November 15, 1982. The said report of the Court of Enquiry was companysidered by the General Officer Commanding, M.P., Bihar and Orissa Area, who, on January 7, 1977 recommended that severe displeasure to be recorded of the General Officer Commanding in Chief of the Central Commandk be awarded to the appellant. No.800/91. The General Officer Commanding in Chief, Central Command did number agree with the said opinion and by order dated August 26, 1977, directed that disciplinary action taken against the appellant for the lapses. In view of the aforesaid order passed by the General Officer Commanding in Chief, Central Command, a charge sheet dated July 20, 1978, companytaining three charges was served on the appellant and it was directed that he be tried by General Court Martial. P 3 dated December 19, 1989 giving some rebate on one bill only and companyfirmed the rest of the demand. The arbitrator after giving due companysideration to the dispute made the award, Exh. When the appellant filed the suit, an objection was raised of the availability of the remedy under Section 7B of the Indian Telegraph Act, 1985 for short, the Act. The civil Court referred the matter to the arbitrator. When the appellant filed the writ petition, the High Court of Delhi in the impugned order affirmed the award of the arbitrator. Thus this appeal by special leave against the order dated March 13, 1991 made in W.P. Leave granted.
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1995_981.txt
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A number of employees who were allowed to retire from the Bank pursuant to scheme called State Bank of Patiala Voluntary Retirement Scheme, 2000 herein after referred to as the Scheme introduced by Circular dated 20th January, 2001, and had companypleted more than 19 and years of service, in whose favour pension was number released by the Bank in accordance with the State Bank of Patiala Employees Pension Regulations, 1995 hereinafter referred to as the Regulations, 1995 . They moved before the High Court for direction to the Bank and its authorities to release pension in their favour in accordance with the Scheme. No.172 of 2010 and directed to pay pension in their favour. All these appeals have been preferred by the State Bank of Patiala hereinafter referred to as Bank against different judgments and orders passed by Punjab and Haryana High Court at Chandigarh but since companymon issues were involved they were heard together and disposed of by the impugned companymon judgment. Against the respective judgments Bank filed different LPAs which were also dismissed by different orders in view of the judgment dated 9th January, 2009. iii Pension or Banks companytribution to Provident Fund as the case may be as per rules applicable on the relevant date on the basis of actual years of service rendered. Against the judgments which have followed the earlier decision, the rest of the civil appeals have been preferred by the Bank. Against the said order the Bank preferred LPA No.312 of 2008 before the Division Bench, which by the impugned judgment dated 9th January, 2009 dismissed the LPA and affirmed the order passed by the learned Single Judge. Some other similarly situated employees who had companypleted more than 19 and years of service and retired persons to Voluntary Retirement Scheme also preferred similar writ petitions which were allowed. Sudhansu Jyoti Mukhopadhaya, J. By one of the judgments dated 22nd October, 2008, learned Single Judge of the High Court allowed the writ petitions preferred by some of the aggrieved employees respondents in C.A.
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2014_652.txt
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PW 1 suppressed the injuries caused to the appellant by the deceased and his companypanions. The deceased was unarmed. 1, PW. This injury, was attributed by the appellant in the criminal companyplaint filed by him to PW 7 and the deceased. The assertion of the appellant that the deceased came armed with a chopper with which he caused an injury to the deceased, was manifestly false. Injury No. Mohanchandran PW 1 , the brother of the deceased, was studying for the B.Sc. This means, the appellant received this injury only after he had caused the fatal injury to the deceased. On hearing this challenge, PW 1 and she deceased quickened their pace. The appellant then succeeded snatching the chopper from the deceased. The deceased and his brother, PW 1, came to the bus stop, where they learnt from their friends about their beating The deceased then slapped the appellant and a scuffle ensued. In his examination under Section 313, Criminal Procedure Code, the appellant states that PW 1 and PW 7, the deceased and some others attacked him PW 7 hit him with an iron rod on the head, while Vijyachandran struck bins, on the head with a chopper. Even after infliction of this fatal injury, the appellant was poised for striking the deceased further, when this was foiled by the intervention of PW 7. There was numbermutual exchange of blows between the appellant and the deceased. The deceased was empty handed. Similarly, the injuries found on the back and chest of the deceased were caused with a stabbing weapon, Thus, the deceased being unarmed, did number and companyld number cause any injury to the appellant. The appellant was about to stab him again, when PW 7, who was nearby, picked up an iron rod from near the Statute and hit the appellant on the head. On receiving the blow, the deceased turned round. On the basis of that statement, a cross case under Section 324, 323 read with 34, Penal Code, was registered against PW 1, PW 7 and the deceased. He further stated that when the appellant was about to strike the deceased again, a fair complexioned boy, meaning PW 7 hit the appellant on the head, The evidence of PW 2, hit any way shaken in cross examination. The deceased and his companypanions, including PW 7, must have tome armed to wreak Vengeance upon the appellant on account of the beating by the latter to their friends and the exchange of blows with the appellant on the 5th March 1970 The explanation given by PW 7 that he picked up the iron rod from a companypound near the place of occurrence was false. The appellant and his companypanions ran after them and gave blows with their hands On receiving the blows, the deceased and his brother ran south pursued by the appellant and his companypanions. The deceased staggered further 7 or 8 paces and fell down. Apart from PW 1 the occurrence was witnessed by PW 2, whose shop was situated close to the scene of occurrence. It was further alleged that when the companyplainant was lying on the ground, the deceased stabbed him on the head with a weapon which locked like a chopper. Further, PW 2 was an independent and natural witness. In particular, it was alleged that PW 1 had fisted the companyplaintant with a folded knife while PW 7 kicked him in the abdomen falling him to the ground. Dr. G. Gopinathan PW 12 who had examined the injuries of the appellant on March 13, 1970, found two injuries on the person of the appellant. He reached close on the heels of the deceased and stabbed him in the back. Secondly, it was argued that the appellant had inflicted the injuries, if at all, on the deceased in the exercise of his right of private defence. On March 5, 1970, the appellant who was original accused 1, and one Perumal who was original accused 2, gave a beating to Ramchandran, and Suseelan, friends of the deceased. After being manhandled by the companypanions of the appellant, the deceased and his brother had turned tail and taken to their heals, Dagger in hard, the appellant chased the fleeing victim, and first stabbed him in the back. Support for this companytention was sought from the following circumstances The deceased and his brother PW 1, were residing in Pattah at a distance of about 2 or 3 miles from the place of occurrence. Since the doctor did number numbere that there was a cut on the outer table of the skull, the greater probability was that this injury had been caused with an iron rod and number with a chopper or other cutting weapon, After the receipt of this stunning injury on the head, the appellant, must have, temporarily at least, lost the capacity to cause any injury to anybody. He did number stop there and followed up with a stab on the left side of the chest of the deceased, with great force. Moreover, as already observed, the nature of the skull fracture underneath the injury as numbered by the medical witness, shows that the injury on the head of the appellant was number caused with a cutting weapon but with a blunt weapon like an iron rod. After that beating, both the assailants were waiting for a bus at the Statue Bus Stop near the University College. The assault on the deceased by the appellant was deliberate and pressed with determination, when the victim was fleeing for his life. He phoned to the City Control Room from the shop of PW 2 for rendering necessary assistance to the deceased who lay injured on the spot. Mr Harindra Nath, learned companynsel for the appellant, firstly, tried to companytend that the evidence of the alleged eye witnesses, namely, P.W, 1 PW 2 and PW 7 was number worthy of credence. The deceased and his brother, PW 1, alighted from a bus at the University College Bus Stop and proceeded south along the main road towards the Indian Coffee House, where their friends, one Radhakrishnan, had invited them to tea to celebrate the latters appointment in the Syndicate Bank When the deceased and his brother came near the Spencer Junction, the appellant shouted that he was waiting for them, adding whether they had become so bold as to companye from their house there to the main road to settle matters. The appellant proclaimed that he would see that the deceased did number beat any person any more. Medical evidence shows that the appellants had sustained a grevious injury on the head involving fracture of the outer table of the skull. In his earlier statement, PW 7 stated that he had picked up the lion rod from the companypound of the Accountant Generals Office whereas in his subsequent statement he deposed to have found it lying near the Statue. He had numberaxe of his own to grind against the appellant The stabbing of the deceased took place at a distance of 30 40 feet only in front of his shop He testified that on hearing the companymotion, he came out into the verandah and saw the appellant, dagger in hand, chasing the deceased, and then giving him the first blow on the buck and the next on the chest. The appellant companyld produce that Chopper before the police. 1, 6 and 7 and Suseelan as his assailants. One motive for the occurence, mentioned in the companyplaint, was that the accused named by him harboured hostility on account of a previous quarrel that took place on March 5 1970, when PWs 1 and 7 and the deceased had harassed the companyplainant and exchanged blows. P 15 a regarding the injuries sustained by him. 12 opined that it companyld be caused with an iron rod or ever with a sharp weapon. Thereupon, the appellant and his companypanions flad from the place toward the numberth. The facts of the prosecution case, as found by the Court below, are as under Shahul Hameed, the appellant herein, was a Class IV employee in the Accountant Generals Office, Trivandrum Vijayachandran, the deceased, who had studied upto the predegree companyrse, was residing at Pettdh, about 2 or 3 miles away from the city of Trivandrum. The second injury found by him was a healed abrasion on the left side of chest. Within five minutes, the Police van arrived and removed Vijayachandran to the Medical College Hospital while PW 1 went to the Cantonment Police Station, 300 metres away, and ledged the First Information Report Ex P 1 at 7.00 p.m The deceased was examined on his arrival in the Hospital at 7.45 p.m. and was declared dead by the doctor. His evidence with regard the place where he found the rod was companytradictory. 2 was evidently caused with a blunt weapon. He left companysiderable doubt regarding the manner in which the first accused sustained injuries. Two days thereafter on March 7, 1970 at about 7.00 p m., the appellant and his three companyaccused were standing at the bus stop called Spencer Junction near south eastern gate of the University College. The companyplaint was to the effect, that those accused persons, including the deceaeed, formed an unlawful assembly in furtherance of the companymon object of which on March 7, 1970, they made a companyceited assault on the companyplaintant when he was about to cross the road for going to the India Coffee House. PW 7, also supported the prosecution story in ail material details, Court below have accepted his evidence and we see numberreason to take a different view. ,
Penal Code was companyverted into one under Section 302, Penal Code, with a sentence of imprisonment for life. The appellant and accused 2 and 3 were arrested on March 13, 1970, while the 4th accused was arrested later. The outer table of the skull was found fractured. The appellant then stabbed him again with sufficient force on the left chest below the nipple. The explanation given by them, that they had been invited there by one Radhakrishnan to take tea at the Coffee House, was false because to such person was present any where near the scene for incident. His evidence was companyroborated by the F I R. which was lodged by him with great promptitude at the Cantonment Police Station, 300 metres away, when he had numbertime to spin out a false story. After investigation, the Police referred the cross case white in the other case, the appellant and his companypanions were charge sheeted to stand their trial to respect of various offences, including that of she murder of Vijayanchandran. 7 at the spot and his participation in the occurrence was thus number denied by the appellant. This defect in the bone was felt at the base of the injury and pus was present in the wound. Several persons companylected there, Then the companyplainant escaped and ran south to the Cantonment Police Station and gave an information. Just after the occurrence, the Mayor passed that way. After a careful examination of the entire evidence.,
Issac J set aside the acquittal of the appellant on the murder charge, and companyvicted him under Section 302, Penal Code and sentenced him to imprisonment for life. He would acquit accused 2 to 4, also. The appellant was carrying the dagger M C. 1 . On account of this difference of opinion, the companynected appeals were placed before Issac J. for decision, under Section 429, Criminal Procedure Code. One was an infected wound on the left side of the head. The appellant also filed a private companyplaint Ex P.19 , wherein he named nine persons, including PWs. The appellant disowned the statement Ex P15/A on the basis of which the Police had registered the cross case. Aggrieved by the acquittal of the appellant on the charge of murder, the State preferred an appeal to the High Court, The Division Bench, who heard the appeal, was divided in its opinion According to Narayana Pillai J., the acquittal of the appellant on the capital charge deserved to be reversed and companyverted into the under Section 302, Penal Code On the point of sentence, he would award death penalty to the appellant, V. Kualid J., in his dissenting judgment held that the prosecution witnesses were unreliable and it was number safe to accept the prosecution evidence as wholly true. After his arrest, the appellant is said to have made a statement Ex. This appeal by special leave is directed against a judgment, dated July 28, J972, of the High Court of Kerala, whereby the appellants companyviction under Section 299 1 Section 304? He would therefore accord the benefit of doubt to the first accused and acquit him of the murder charge. The Police took his signatures on several blank sheets and detained him in the Police Station till March 13,1970. They had numbergood reason to companye to the place of occurrence at that time. Nor was the said Radhakrishnan examined. S. Sarkaria, J. degree companyrse, at the relevant time. The by standers interceded and separated them. He adopted the reasons given by Kbalid J in his dissenting opinion. Both the cases were tried separately but companycurrently. The presence of P.W. He did numberhing of the kind. Hence this appeal by special leave.
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1979_299.txt
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the respondent number 2 herein shyam companyperative housing society limited is companystituted under the provisions of the maharashtra companyperative societies act 1960 as a tenant companypartnership type housing society to which regulations in form a apply viz. rukibai n. bhavnani claiming to be a co partner tenant member of the society and as such holder of flat number 52 brought proceedings against the appellant before the district deputy registrar companyperative societies bombay under s. 91 1 of the act for his eviction and for recovery of arrears of companypensation and mesne profits impleading the society as opponent number 3.
on receipt of the claim under s. 91 1 the assistant registrar companyperative societies issued numberice to the appellant for the purpose of satisfying himself that a dispute under that section existed. admittedly his occupation of the flat was number as a tenant but as a licensee. the society companytinues to be governed by regulations in form a ever since they were adopted by it after approval by the registrar of companyperative societies in 1950.
the respondent number 1 rukibai n. bhavnani is a companypartner tenant member of flat number 52 in building number 5 a in the housing companyony knumbern as shyam niwas situate at warden road bombay. regulations relating to tenancies to be granted by the society to members in respect of houses held by the society. these proceedings were stayed pending adjudication of the dispute by the assistant registrar. the assistant registrar in the meanwhile proceeded with the inquiry and after holding that such a dispute exist he referred the case to the registrars numberinee for adjudication. when the registrars numberinee returned the papers the registrar assigned the case to a retired district judge as an officer on special duty to adjudicate upon the dispute under s. 91 of the act as by then the old system of such adjudication by the registrars numberinees had been replaced by the appointment of officers on special duty. the appellant did number challenge the decision of the assistant registrar. by this time the system of officers on special duty was again replaced number by the setting up of companyperative companyrts. the appellant however did number appear before the assistant registrar who was seized with the matter but instead filed an application before the companyrt of small causes bombay for fixing standard rent of the flat in dispute. after the termination of the agreement of leave and licence the appellant had numberright to remain in occupation of the flat. during the stage of of evidence respondent number 2 applied for and obtained leave to be transposed as a disputant as the bombay high companyrt took the view that unless the society was a disputant the registrar would have numberjurisdiction to proceed under s. 91 1 of the act. the appellant number having questioned the judgment of the high court the order of the tribunal allowing transposition of the respondent number 2 society as a companydisputant has attained a finality which cannumber number be upset. the officer on special duty by his order dated august 27 1973 rejected the application for transposition made by respondent number 2.
thereupon respondent number 2 preferred a revision before the maharashtra companyperative societies tribunal which by its order dated february 8 1974 allowed its application for transposition as a companydisputant. the respondent number 1 inducted the appellant in flat number 52 under an agreement of leave and licence dated numberember 28 1961.
the respondent number 1 and the appellant accordingly applied to the society on december 8 1961 for accepting the appellant to be a numberinal member. the respondent number 2 society passed a resolution number 90 on december 15 1961 accepting the appellant as a numberinal member. the appellant having failed in his suit for declaration of his alleged status of a tenant brought in the companyrt of small causes cannumber be permitted to reagitate the same question in these proceedings. it owns and manages two housing companyonies knumbern as shyam niwas and navik niwas at warden road bombay. it appears that when the proceedings before the numberinee were about to end he returned the papers to the registrar as he did number want to proceed further in the matter. in august 1977 there was a change of the judge of the companyperative companyrt and the appellant repeated his prayer for a de numbero trial but this application of his also rejected. before the registrars numberinee the appellant filed his written statement and thereafter evidence of the parties was recorded. after the dismissal of the writ petition the proceedings initiated by respondent number 1 were assigned to a judge of the companyperative court maharashtra. before the officer on special duty the appellant made a demand for a de numbero trial which was granted. again the evidence of both the parties was recorded and the matter reached the stage of argument but in the meanwhile in april 1970 the appellant brought a suit in the companyrt of small causes bombay for a declaration that he was a tenant of respondent number 3 in respect of the flat in dispute and obtained a temporary injunction restraining respondent number 1 from proceeding with her case before the officer on special duty. the respondent number 2 society by its resolution dated december 15 1961 issued the shares applied for in their joint names and also admitted the appellant as a numberinal member for the purpose of occupying the flat. that apart the appellant brought a suit before the companyrt of small causes seeking a declaration that it was a tenant duly protected by the rent act and the agreement of leave and licence was only a companyourable transaction. after the dismissal of the suit brought by the appellant the proceedings before the officer on special duty were revived in 1972.
meanwhile the case had been assigned to anumberher officer on special duty a retired presidency magistrate for adjudication. the appellant failed to companyply with the demand and has remained in unauthorised occupation of the flat for all these years. there was a determined effort to question the legality and propriety of the order passed by the maharashtra state cooperative tribunal allowing the application for transposition made by respondent number 2 society but we did number permit the appellant to do so for obvious reasons. the suit was heard on merits and was dismissed by the companyrt of small causes in july 1972.
aggrieved by that decision the appellant preferred an appeal before the appellate bench of the small causes companyrt but that appeal also was dismissed. the finding that he was number a tenant but had only the status of a licensee operates as res judicata between the parties. thus the proceedings before the officer on special duty remained stayed till april 1972 when the suit filed by the appellant in the court of small causes bombay was dismissed both on merits as well as on the ground that it was barred by limitation. again the appellant asked for a de numbero trial but in view of the provisions of s. 91 a 4 his application was rejected respondent number 1 was however resummoned for further cross examination and thereafter the appellants evidence was recorded. before him the appellant again demanded a de numbero trial which was granted and therefore evidence had to be recorded afresh. the question whether or number the appellant was a licensee of the fiat or a tenant thereof was directly and substantially in issue between the parties in that suit. against the award the appellant filed an appeal before the companyperative appellate companyrt but it was dismissed in january 1979.
thereafter the appellant filed a writ petition in the high companyrt in february 1979 and it was dismissed in march 1981 by a learned single judge. after termination of the agreement in may 1965 the respondent number 1 smt. ramasesh and manu iyanger for the appellant. before him the original plaint was amended making necessary averments with respondent number 2 as a companydisputant. civil appellate jurisdiction civil appeal number 1843 of 1981.
appeal by special leave from the judgment and order dated the 21st april 1981 of the bombay high companyrt in appeal number 168 of 1981.
h. advani p.r. the leave and licence agreement executed by the respondent number 1 was renewed from time to time and the last agreement was executed on january 10 1965 the term of which was to expire on february 28 1965.
by her numberice dated march 31 1965 the respondent number 1 called upon the appellant to vacate the premises as his occupation of the premises had become unlawful after termination of the licence. the judgment of the companyrt was delivered by sen j. this appeal by special leave directed against the judgment of the bombay high companyrt dated april 21 1981 raises a question of some importance. panwani and girish chandra for the respondents. the appellant had challenged the impugned order of the tribunal by a writ petition in the high companyrt and eventually failed. the appellant unsuccessfully preferred a letters patent appeal which was dismissed by a division bench on april 21 1981.
there are three questions to be determined in the appeal. n. kackar v.k. the appellant tried to assail the order of the tribunal by a writ petition but a division bench of the high companyrt by its judgment dated january 9 1976 declined to interfere. the material facts giving rise to this appeal are as follows.
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dev
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1982_70.txt
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It was in companyformity with the Master Plan of 1991 in the Master Plan of 2021 the width of the road is kept 60 meters. The Master Plan was prepared under the provisions of M.P. The matter arises out of Bhopal Municipal Corporation and Indore Municipal Corporation. They were aware of the proposed width of the road. On 1.1.2008 Master Plan, 2021 had been numberified in which AB Road has been proposed as 60 to 75 meters. At that time the width of the road was 54 mtrs. As per appellants BRTS companyridor is being undertaken on a portion of Agra Bombay Road AB Road . As per Bhopal Development Plan, 2005 which was numberified in the year 1995, the proposed width of the road is 66 mtrs. The Development Plan Master Plan was prepared as per the provisions of section 18 after inviting objections, suggestions. Plan was duly approved by the State Government and the routes were numberified as per Plan by the State Transport Authority. It was averred that there is numberprovision under the Act of 1973 of vesting of land on publication of Master Plan Development Plan, particularly the land belonging to private landowners. It was described as Major City Road in the development plan, 1991 which was prepared and numberified in the year 1975. The action taken by the Municipal Corporations of Bhopal and Indore under section 305 of Madhya Pradesh Municipal Corporation Act, 1956 hereinafter referred to as the Act of 1956 has been questioned. At the relevant time AB Road MR I was proposed to be as 40 50 mtrs. None of the appellants had raised objection when the development plan was prepared. They were required to keep the land for widening of road in question. It was also pointed out that number a separate bye pass road has been taken out for AB Road. Accordingly, the landowners submitted their lay out leaving requisite land from the centre of the road for widening of road. The State Government through Municipal Corporation, Bhopal as a numberal agency decided to develop Bus Rapid Transit System Corridor for short BRTS companyridor on the stretch of around 8 kms. At the same time it was provided that for future the width of said road would be 60 to 75 meters. For BRTS companyridor survey was undertaken by the Expert Committee of the Central Government namely Urban Mass Transit Council of Bhopal City. On that basis Municipal Corporation had granted permission to appellants. On 26.5.2007 a numberice was issued for demolition of certain structure for the purpose of widening of road. Aggrieved thereby, writ appeals were filed by Bhopal Municipal Corporation which have been allowed by the impugned judgment and order dated 9.5.2016 by a Division Bench of the High Court of M.P. With respect to Bhopal the facts are being narrated from the matter in between A.K. Initially, the writ petitions were filed by the appellants before a Single Bench in the year 2014 questioning the action initiated by the Municipal Corporation on the ground that such an action was impermissible under the provisions of section 305 of the Act of 1956. The appellants are land holders in between Misroad to Ampree Chouraha. The development permission was granted by the companypetent authority under the Act of 1973 as per the provisions companytained in section 13 1 b and Rule 21 1 framed under the Bhopal Vikas Adhiniyam, 1984 since repealed with effect from April, 2012. Nagar Tatha Gram Nivesh Adhiniyam, 1973 Town Country Planning Act hereinafter referred to as the Act of 1973. The Single Bench at Jabalpur had allowed the writ application and held that the land be acquired under the provisions of the Act of 2013. For betterment of public transport system 225 low floor buses were also sanctioned by Sanctioning and Monitoring Committee of the Central Government. It was finalized and published as per provisions companytained in section 19 4 . The acquisition has to be made under the provisions companytained in sections 8, 11 and 16 of the Act of 2013. Presently only 1.25 lakh passengers are getting the services of low floor buses. Pali Ors. State Government has numberpower to reduce quantum of companypensation prescribed under the Act of 2013. The appellants at the stage of the final hearing of writ appeals before the High Court filed fresh writ petition amended writ petition for questioning the vires of the provisions companytained in sections 305 and 306 of the Act of 1956. The appellants have raised the companystruction of their building as per the companyditions mentioned in the map sanctioned by the authority under the Act of 1973. v. State of M.P. The appeals arise out of judgment and order dated 9.5.2016 passed by the High Court of Madhya Pradesh at Jabalpur and as against order dated 30.9.2010 passed by the Division Bench of the High Court of Madhya Pradesh at Indore thereby affirming the judgment and order passed by the learned Single Judge. Ors. ARUN MISHRA, J. Leave granted.
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2016_408.txt
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For the purpose of clause vii an industrial undertaking means an industrial undertaking which manufactures or produces for sale or use in the manufacture or production of other goods but does number include an undertaking which manufactures or produces any kind of food and drinks, meant ordinarily for companysumption on the premises of the undertaking and a new industrial undertaking means any such industrial undertaking which a is number formed by the splitting up or the reconstruction a business or undertaking already in existence in the State or b is number formed by transfer to a new business or undertaking of a building, machinery or plant previously used in the State for any industrial purpose, of such value in relation to total investments, as the State Government may, by numberification in the Official Gazette, specify or c is number an expansion of the existing business or undertaking in the State. According to the case of the respondent, the new kiln set up in 1969 was a new industrial undertaking as companytemplated by Section 3 2 vii b of the Act and as such was entitled to exemption from levy of electricity duty. Electricity duty shall number be leviable on the units of energy companysumed to vi for motive power and lighting in respect of premises used by an industrial undertaking for industrial purpose, until the expiry of the following period, that is to say a in the case of an industrial undertaking which generates energy for its own use, ten years from the date of the companymencement of the Bombay Electricity Duty Gujarat Second Amendment Act, 1961 hereinafter referred to as the companymencement date or the date of starting the generation of such energy, whichever is later b in the case of a new industrial undertaking established on or after 1st May, 1960, which does number generate energy for its own use, five years from the companymencement date or the date on which the industrial undertaking companymences for the first time manufacture or production of goods, whichever is later Provided that numberindustrial undertaking shall be entitled to exemption from payment of electricity duty under this clause, unless it has obtained a certificate regarding eligibility for such exemption in prescribed form by making an application therefore in prescribed form and within prescribed period to such officer as the State government may, by numberification in the Official Gazette, specify. It was held by the Collector that installation of new unit and other machinery companyld number be companysidered as a new industrial undertaking, particularly, in view of the fact that the respondent was making use of the existing mills, crushers, belts, cranes, packing plants etc. The respondent installed a new kiln alongwith separate silos, lepol and numberulizers, companyl mill and cement mill. The Collector of Electricity Duty rejected the said application on 16th September, 1971. The unit was using existing idle capacity of crushers, cranes, packing machines, companyl mills, and raw mills. The respondent made an application on August 4, 1971 as envisaged under Section 3 2 vii b read with Rule 11 of the Bombay Electricity Duty Gujarat Rules, 1968 for obtaining eligibility certificate for exemption from levy of electricity duty. The Collector also relied on statement made by the respondent in its application under Rule 11 to the effect that it had made a substantial expansion of the existing undertaking. By August 1969 the respondent installed further machinery in a new building erected within the same premises to further increase its production capacity. The reference was answered by the Collector of Electricity Duty vide order dated 29th August, 1975 rejecting the claim of the respondent. The respondent added one more kiln in 1965 and increased its production capacity to 1000 metric tones. This appeal is directed against a judgment dated 29th November, 1990 of the Gujarat High Court allowing a Writ Petition filed by the respondent seeking exemption from levy of electricity duty and for quashing the orders of the authorities under the Bombay Electricity Duty Act, 1958 hereinafter referred to as Act whereby exemption had been denied to the respondent. It installed a manufacturing plant in the year 1960 with a capacity of producing 660 metric tones of clinker per day. Briefly the facts are that the respondent is engaged in manufacture of portland cement. This unit started manufacturing cement on 24 June, 1971. As per the procedure prescribed under the Act, the respondent sought a reference to the statutory authority. The Joint Secretary to the Industry, Mines Power Department, Government of Gujarat, disposed of the statutory appeal vide order dated 22nd March, 1978. The respondent filed an appeal against the said order of the Collector. The appeal was dismissed and the findings recorded by the Collector were affirmed. The respondent challenged these decisions by way of a writ petition filed in the Gujarat High Court. ARUN KUMAR, J. The State Government has filed the present appeal against the said judgment of the High Court. Explanation 1.
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2003_921.txt
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After termination of his services, the appellant raised an industrial dispute. His retention on companytract basis shall firm the performance in the job assigned to him. 14737 of 2003 was dismissed by a Division Bench summarily. 383 of 2000. Such appointments were made during paddy seasons. He will have to join the duty within 100 days from the date of issue of this order failing which the engagement will stand cancelled automatically. One of the disputes related to the total number of days of work companypleted by the workman in twelve months prior to the date of termination of his services. The Government of Haryana made a reference thereof purported to be in exercise of its jurisdiction under Section 10 1 c of Industrial Disputes Act, 1947 herein after referred to as the Act to the Industrial Tribunal cum Labour Court, Panipat. The respondent was appointed on companytractual basis as an Arrival Record Clerk. 11804 of 2004 B. SINHA, J Leave granted. Arising out of SLP C No. It was registered as Reference No. Both parties filed their respective written statements before the Labour Court. The appellant is, thus, before us.
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2006_83.txt
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The respondents in this appeal moved a companytempt petition in the High Court on 13th October, 2003 with a prayer to initiate appropriate companytempt proceedings against the appellant for making deliberate and willful derogatory, defamatory and filthy statements against Justice Amitava Lala which were widely published in the newspapers and electronic media. The appellant was accordingly served with the companytempt petition together with all annexures and enclosures including the affidavit of the first respondent filed in support of the companytempt petition. This order was followed by rule requiring the appellant herein to show cause why he should number be companymitted to prison or otherwise penalized or dealt with for making deliberate and willful derogatory, defamatory and filthy statements against a sitting Judge of this Court Honble Justice Amitava Lala, as well making such derogatory, defamatory and filthy languages sic remarks and statements in front sic of the Press, Electronic Media and open meeting regarding the order dated 29th September, 2003 passed by Justice Amitava Lala. Thereafter, various TV news channels and editors of newspapers were added as parties to the companytempt proceedings. These companyments were widely reported and published in various newspapers on 5.10.2003. The companytempt petition was duly supported by an affidavit as required and solemnly affirmed by the first respondent. In the meanwhile, a Division Bench of the Calcutta High Court stayed all the directions issued by the learned Single Judge on 29th September, 2003 in the companytempt proceedings companycerning the regulation of traffic and processions public meetings. The learned Judge in the said companytempt proceedings initiated by him suo motu issued as many as twelve directions guidelines with respect to traffic regulations and holding of processions meetings in the city of Kolkata. The Committee made a companyprehensive examination of the law and problems relating to companytempt of Court in the light of the position obtaining in our own companyntry and various foreign companyntries. The appellant also raised the issue of maintainability of the companytempt petition since the motion was moved without the companysent in writing of the Advocate General. They have accordingly prayed to initiate companytempt proceedings against the appellants under Sections 2 a , 2 b , 2 c and 2 d or any other applicable Sections of the Contempt of Courts Act, 1971 and to put him behind the bars and also to saddle him with fine They have also prayed for award of companyts and other incidental charges in companynection with the companytempt application. In their petition, the respondents pleaded that the derogatory, defamatory and companytumacious statements and remarks made by the appellant companystitute a straight and direct attack upon a sitting High Court Judge and the same has number only lowered the dignity of the sitting High Court Judge but also total judicial system of the companyntry. The recommendations which the Committee made took numbere of the importance given to freedom of speech in the Constitution and of the need for safeguarding the status and dignity of Courts and interests of administration of justice. The Court vide its order dated 7th November, 2003 expressly kept open the question of maintainability of the petition. The appellant was required to be personally present on 7th November, 2003 before the Court. In the affidavit, it is specifically stated that the statements, companyments and averments made in paragraph Nos. The recommendations of the Committee have been generally accepted by Government after companysidering the views expressed on those recommendations by the State Governments, the Supreme Court and the High Courts. The appellant herein is alleged to have number only criticized the order but also made certain adverse companyments against the Judge who passed the said order. A Division Bench of the Calcutta High Court vide its order dated 17th October, 2003 passed the following order Heard. 1 to 4, 6 and 8 are true to his knowledge. The decision was rendered prior to the Act companying into force. Hence this appeal.
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2010_564.txt
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The appellant Municipal Corporation in its return filed before the learned Single Judge took the stand that the tariff under Category R is exclusively meant for premises used as private residential premises and tariff under Category C is meant for all number industrial premises and a guest house maintained by a companymercial undertaking even for occupation of its employees cannot companye within Category R and therefore rightly they have been charged in accordance with the tariff meant for Category C. The learned Single Judge on companysideration of the relevant provisions of the tariff came to the companyclusion that Category R is restricted to premises used as private residence and by a fixed category for example a family whose occupation is permanent or at least of a duration dependent on factors such as length of service or posting at a place etc. The Division Bench by the impugned Judgment came to the companyclusion that since the companypany is using the premises as guest house without any intention to make profit and it is number the business of the companypany to run a guest house, it must be held that the premises is exclusively used for its own purpose and accordingly tariff rate meant for Category R should apply. The facts are number in dispute namely the respondents industries had got their guest houses in Bombay and the Municipal Corporation of Bombay treating the premises falling under Category C under the Bombay Electricity Duty Act raised a bill for payment of electricity duty. 539 of 1981 and 1606 of 1983 respectively. The respondents being aggrieved by the aforesaid judgment of the learned Single Judge preferred appeals to the Division Bench. These appeals by special leave are directed against the judgment of the division bench of Bombay High Court dated 8.2.1993 arising out of writ petition number. The respondents being aggrieved by the said billing filed writ petition in the . B. Pattanaik, J.
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1996_1805.txt
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It was held that the insurer was liable to pay the companypensation. The vehicle was the subject matter of insurance with the insurer and, therefore, it was claimed that the insurer was liable to pay the companypensation as the risk of the driver was companyered under the policy. The insurer had challenged the award passed by the Commissioner for Workmen Compensation hereinafter referred to as the Commissioner in respect of the death of a driver. Insurer filed an appeal before the High Court. But the vehicle was taken by the deceased in the companyrse of employment at the behest of the present appellant to the temple. When the vehicle reached Gurugunta, the deceased went to the pond and while taking bath at a pit, he had slipped and fell down and had drowned and breathed his last. Background facts in a nutshell are as follows The appellant was the owner of the vehicle of which the deceased was employed as a driver. He left Siraguppa to go to Gurugunta Amreshwara Temple alongwith certain passengers as per the directions of the present appellant. The Claim Petition was filed taking the stand that the death of the deceased had occurred during the companyrse of and within the employment under the appellant. Respondent No.2 filed a Claim Petition inter alia stating as follows Her husband Veeresh Kumar hereinafter referred to as the deceased was working as a driver in a truck bearing No. KA 34 1183. The Commissioner, Bellary by his order dated 11.7.2002 allowed the petition and determined the companypensation payable at Rs.2,20,046/ with 12 interest. Challenge in this appeal is to the judgment of a learned Single Judge of the Karnataka High Court allowing the Miscellaneous First Appeal filed under Section 30 1 of the Workmen Compensation Act, 1923 in short the Act filed by respondent No.1 hereinafter referred to as the insurer . In support of the appeal, learned companynsel for the appellant submitted that the death had number been occasioned during and in companyrse of employment. Dr. ARIJIT PASAYAT, J. Leave granted.
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2009_1547.txt
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the labour companyrt considered the preliminary objection of the employer that there was numberindustrial dispute because the service of the petitioner had companye to an end automatically on the expiry of the period of companytract. before the labour companyrt the case of the employer was that the services of the petition stood terminated automatically with effect from december 1 1976 on attaining the age of superannuation that is to say the age of 60 years. thereafter it seems that he was offered fresh employment as an assistant editor for a period of twelve months under a companytract. in august 1976 he was transferred to calcutta as an assistant editor. 136 of the constitution against the award dated april 27 1981 of the second labour companyrt west bengal. thereafter he was re employed the employment being distinct and apart from the employment which ceased on december 1 1976.
accordingly the labour companyrt refused the relief of reinstatement claimed by the petitioner and observed that the case companyld number be treated as one of retrenchment. dhingra for the petitioner. the petitioner was appointed to the post of sub editor in the employment of m s jugantar limited in april 18 1960.
in the following month he was transferred to delhi as a special companyrespondent. on the expiry of the period of twelve months he raised a dispute alleging that his service had been wrongly terminated with effect from december 1 1976 and that he was entitled to companytinue in service. the government of west bengal referred the dispute to the second labour companyrt under section 10 of the industrial disputes act 1947 for adjudication on the issue whether the termination of the service of the petitioner was justified and to what relief was he entitled. he accepted the employment on that basis. the objection although described as a preliminary objection involved the very question which the labour companyrt was called upon to decide in the reference. k. ramamurthy santosh chatterjee and m.c. mukherjee and santosh mukherjee for the respondents. om companypleting 60 years of age he was served with a numberice of retirement dated numberember 6 1976 informing him that he stood retired with affect from december 1 1976.
he was paid and he willingly received his dues on account of gratuity and provident fund following such retirement. civil appellate jurisdiction special leave petition civil number 7299 of 1981.
from the judgment and order dated the 27th april 1981 of the companyrt of second labour west bengal in case number viii c 3/1979. the order of the companyrt was delivered by pathak j. the petitioner shri binumber kumar chatterjee prays for special leave to appeal under art. choudhary d.n. k. sen n.r. two companytentions have been raised before us by learned counsel for the petitioner.
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test
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1983_102.txt
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PW 6 bandaged the wound of Unnikrishnan. P1 on the body of Unnikrishnan deceased. PW 6 returned to the companyrtyard of the house of PW 1 along with Unnikrishnan. Unnikrishnan companylapsed on the spot and uttered that he was finished. He stated that he went with PW 1 and when they reached in front of the house of PW 1, the appellant and Unnikrishnan again started hurling abuses against each other and in the process Unnikrishnan pulled the companylar of the shirt of the appellant who in retaliation stabbed Unnikrishnan in his abdomen with a knife and as a result thereof Unnikrishnan uttered that he was finished. Unnikrishnan then proceeded to his house and the appellant went towards the house of PW 6. PW 1 informed Velayudhan PW 2 , the younger brother of Unnikrishnan about the incident who arrived at the spot where Unnikrishnan was lying on the embankment by the side of the road. The appellant is alleged to have stabbed Unnikrishnan in his abdomen with knife MO.1 . He carried the injured Unnikrishnan with the help of PW 1 and laid him on the raised portion in front of the house of PW 1. PW 6 intervened and separated them and at that time he saw Unnikrishnan companylapsing on the road and uttered that he was stabbed by Raman. PW 6 intervened and separated them. PW 2, the brother of injured Unnikrishnan, was also called at the spot. It is number in dispute that Unnikrishnan Bapputty died because of knife injuries caused to him. It is his evidence that on the day of occurrence at about 8.00 p.m. when he was chatting with PW 1 by the side of the road, the appellant came there and in front of the house of Unnikrishnan, the appellant and Unnikrishnan indulged in a wordy quarrel. Intestine of injured Unnikrishnan had been protruded through the wound and he bandaged the said wound. PW 11 and PW 12 recorded the statements of the witnesses. He along with PW 6 carried injured Unnikrishnan and laid him on the raised portion near his house and thereafter he informed PW 2, the brother of the deceased, about the incident. The appellant alleged to have uttered abusive language against Unnikrishnan who in retaliation pulled the appellants shirt companylar. PW 2 and others took Unnikrishnan to the District Hospital, Manjeri, where the Casualty Medical Officer examined him but he was declared dead. PW 6 advised both of them to go to their respective houses. He stated that Unnikrishnan came back from his house to the place of occurrence and he was holding a knife in his hand and suddenly held his neck. Brief facts, which led to the trial of the accused, are as follows Raman appellant herein, Narayanan PW 1 , Nadi PW 6 and Unnikrishnan Bapputty deceased were living at Edayattur, District Mambarakunnu. PW 1 deposed that on the day of occurrence he was in the kitchen of his house, he heard a companymotion outside and when came out on the road side, he numbericed the appellant and Unnikrishnan quarrelling with each other. The testimony of PW 6 is companysistent and companyvincing which finds companyroboration from the evidence of PW 1 and the medical evidence of the doctor. Further investigation was companyducted by D. Rajan PW 11 and Majeed PW 12 , both Circle Inspectors. On 21.04.2000 at about 800 p.m., PW 1 and PW 6 were chatting by the side of the road when they heard the appellant and the deceased indulging in wordy quarrel. The evidence of PW 6 has number been shattered or impeached by the appellant. He and PW 1 intervened and separated them who were locked in a push and pull war. He pleaded that on the day of occurrence when he was going to his house, the deceased took quarrel with him and it was PW 6 who intervened and separated them. The trial companyrt found a prima facie case against the appellant and, accordingly, charged him for the murder of Unnikrishnan. PW 10 visited the place of occurrence and prepared scene cum seizure mahazar Ext. PW 6 is the eye witness of the occurrence who has given the entire description of the incident in the First Information Report Ext. P4 came to be registered by Abdulla PW 9 , Sub Inspector. PW 13, Dr. Cyriyac Jose in the post mortem Report has given the details of the injuries numbericed in the abdomen of the deceased. PW 6 went to Melattur Police Station and made statement on the basis of which First Information Report Ext. PW 6 has given truthful narration of the events leading to the unfortunate death of the deceased at the hands of the appellant. He sent the body of the deceased to the Medical College Hospital, where Dr. Cyriyac Jose PW 13 companyducted post mortem examination. After registering the case, K. Manoharakumar, Circle Inspector PW 10 went to the Hospital and companyducted Inquest Report Ext. The evidence of this witness companyroborates the presence of PW 6 on the spot, whose evidence has been found sufficient, companyent and companyvincing by the companyrts below. At the instance of the appellant, knife MO 1 was recovered. P7 , PW 12 filed a charge sheet against the appellant for an offence punishable under Section 302, IPC. A scuffle ensued between them, in which the knife accidentally struck into the abdomen of the deceased. He has also number disputed the recovery of knife MO 1 . He also stated that the appellant ran away from the scene of occurrence with the knife. In the opinion of the doctor, the injuries found on the body of the deceased companyld be caused by knife MO 1 . The appellant has number disputed the presence of PWs 1 and 6 on the scene of the occurrence. P8 and report of chemical analysis Ext. He arrested the appellant and the clothes MO 4 worn by him were taken into possession under Seizure Mahazar Ext. On receipt of post mortem report Ext. The prosecution has proved the recovery of knife from the possession of the appellant at his instance. He pleaded that due to fear he ran away from the scene of occurrence. The Investigating Officer seized clothes MO2 of the deceased. They took the injured to the hospital where he was declared dead by the doctor. P2 , recovered blood stained soil and stones MO 3 . P4 , which has been companyroborated by him in his deposition before the Court. We have heard Mr. Radha Shyam Jena, Advocate for the appellant, and Mr. R. Sathish, Advocate for the respondent State and with their assistance examined the material on record. The learned trial Judge, on analysis of the entire oral and documentary evidence on record, found the appellant guilty of the offence punishable under Section 302 IPC and accordingly sentenced him as aforesaid. During trial of the case, the prosecution examined as many as 13 witnesses. Lokeshwar Singh Panta, J. Being aggrieved, the appellant filed an appeal before the High Court, which came to be dismissed by a Division Bench. Appellant has filed this appeal against the judgment and order dated 21.11.2005 passed by a Division Bench of the High Court of Kerala at Ernakulam in Criminal Appeal No.60/2004 C companyfirming the companyviction and sentence of imprisonment for life in respect of an offence punishable under Section 302 of the Indian Penal Code for short IPC and a fine of Rs.15,000/ with a default stipulation of simple imprisonment for one year awarded by the Fast Track Court No. The appellant in his statement recorded under Section 313 of the Code of Criminal Procedure denied his involvement in the companymission of the crime. Hence, the appellant has filed this appeal by special leave questioning the companyrectness and legality of the judgment of the High Court. This Court on 15.02.2008 issued numberice to the respondent limited to the question of sentence. Leave granted.
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2008_1239.txt
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1010 1011/73 2552 2559/72 and 2/73. 2552 2559/72 179 180/74 2/73 2684/ 72 1022/73. 363/69 and for the appellants in cas. 363/69. 929 30/73. 927/73 and 179 80/74. 3551 52 3564 3567 4056 57/ 70 3967 668/70 3934/70 3960/70 and 496/71 respectively. s. ramamurthy and b. r. agarwala for the appellant in ca 1022/73. d. sharma for the appellant in ca 2684/72. 3826 3827/70. 929 930 of 1973.
from the judgment and order dated the 11th august 1971 of the madras high companyrt in w.p. s. gopalakrishnan for the appellant in cas. s. ramamurthy and d. n. gupta for the appellant in cas. number 293 of 1971.
jayaram for the petitioners in wp. 1010 1011 of 1973.
from the judgment and order dated the 6th april 1972 of the madras high companyrt in w.p. and civil appeal number 967 of 1971.
from the judgment and order dated 19th august 1971 of the madras high companyrt in wp number 4469/70. from the judgment and order dated 11th august 1971 of madras high companyrt in w.p. syed mohammed and k. m. k. nair for respondent in wp. govind swaminadhan advocate general for the state of tamil nadu a. v. rangam k. venkataaswami and miss a. subhashini for respondent in all the appeals. the appellants filed writ petitions before the high companyrt of madras challenging the validity of the tamil nadu additional sales tax act act number 14 of 1970 1970 hereinafter referred to as the act on the ground that the state legislature has numbercompetence to enact it that its provisions violated their fundamental rights under article 19 1 f 19 1 g and article 14 of the companystitution. original jurisdiction writ petition number 363 of 1969.
petition under article 32 of the companystitution of india. the judgment of the companyrt was delivered by mathew j. the question raised in the civil appeals are sub stantially the same as those raised in the writ petition. number. with civil appeals number. and civil appeals number. and civil appeal number.
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dev
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1974_120.txt
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stated The Principal of the College when the work had to be carried out reported that the work may be done after the monsoon was over. The tender was then accepted by the Executive Engineer and a Selection Notice was issued to the appellant on March 31, 1967 in which it was, inter alia, stated that the facilities for carrying out the work will be given as soon as you start the work. It was wrong that the appellant had companylected any materials at the site to start the work. During the period of the Engineers strike from 11 8 67 to 5 10 67 also there was numberhing on record to show that the petitioner Appellant had approached either the Administrative Officer or work Superintendent or instructions to start the work and as soon as No Work Programme was over, the Assistant Engineer issued a numberice by registered post to the appellant on 9 10 67, directing him to start the work on or before 13 10 67. On April 17, 1.968, the Executive Engineer sent a Notice Ex. The appellant submitted a tender, dated March 8, 1967, for doing this work. The period of six months for carrying out the work expired before the Engineers strike came to an end. P 8 , canceling the companytract and informing the appellant that the work is being arranged at your risk and loss through other agencies after declaring you as a defaulter and debarring you from taking further companytract under the Division. A formal agreement was executed on April 26, 1967, by the appellant and the Executive Engineer. On October 27, 1967, the appellant wrote a letter to the Executive Engineer Respondent 1 , requesting for release from the companytract. However, the Executive Engineer finally companymunicated his order,. The appellant alleged that inspite of his request, the Executive Engineer and his assistants Respondents 2 to 4 took numbersteps to hand over the building in order to enable him to start the work. p 1 , agreeing to reduced rates of certain items of the work, on the companydition that as soon as the Selection Notice is issued the building should be got vacated to facilitate the starting of the work. The, Executive Engneer, P.W.D. Emphasis supplied To challenge this order of the Executive Engineer, debarring the appellant from taking further companytract under the Division, a Writ Petition O.P. In the above circumstances I request that I may kindly be released from the above agreement of work and the security may be released. The appellant however admitted in this letter that the building in question was made available to him for executing the work in October 1967. The companytractor did number take any steps to companymence the work, but sent a reply, dated 27 10 67, requesting that he be released from the companytract. On April 20, 1968, a letter was received from the appellant, claiming higher rates to execute the work. Emphasis supplied The appellant, on May 20, 1968, sent a reply asserting that he companymitted numberdefault that he had companylected the required wooden materials necessary for starting the work, immediately after the execution of the agreement, and that the delay in starting the work was only due to the delay in handing over the building to him. rhe repair work companyld companymence only after the removal of the electric wirings, and such removal wag number done upto July 10, 1967. 2448 of 1968. P 6 to the appellant, which reads as follows The fulfilment of the undertaking given by the department to give facilities to carry out the work as soon as you start the work was number even necessitated as you have failed even to companymence the work as per the terms of the companytract You are, therefore, requested to show cause within seven days from the date of this numberice why the work may number be arranged otherwise at your risk and loss, through other agencies after debarring you as a defaulter and making good the loss that may accrue to the department, from your subsisting companytracts in this Division. In the meantime, the Engineers strike supervened, in which Respondents 1 to 4 participated. The companypletion period a per the tender for the work, i.e., 6 months is over. He has been executing major building companytracts. This appeal by special leave directed against a Division Bench judgment of the Kerala High Court raises a question with regard to the validity of an order dated June 20, 1968 whereby the Executive Engineer debarred the appellant from taking any further companytract under the Buildings Roads Division, Ernakulam. P 8 of the Executive Engineer, was ultra vires, illegal and unconstitutional as it violated the appellants fundamental rights guaranteed under Article 19 1 f and g of the Constitution. On November 22, 1967, the Principal of the College, wrote that all arrangements to vacate the building had been made. Ernakulam Respondent No. 1 invited tenders for ,executing certain repairs to the English and Mathematics Blocks of the Maharaja College at Ernakulam. dated June 20, 1968 Ex. In response to a letter from Respondent 1, the appellant sent his companysent letter, dated March 27, 1967 Ex. C. Raghavan, Sardar Bahadur Saharya Vishnu Bahadur Saharya for the appellant. 1968 2 Kerala Page 1, I dismiss the Writ Petition. 182 of 1968 before a Division Bench of the High Court. He further maintained that Respondent I was number right in holding the appellant a defaulter number had he any power or jurisdiction to black list or rebar the appellant from taking further companytracts in Ernakulam Division. Respondent 1 thereupon sent one more numberice by registered post to the petitioner appellant on December 8, 1967, but the latter wilfully refused to accept the same. 2869 of 1968 under Article 226 of the Constitution was filed by the appellant in the Kerala High Court. In the alternative, he requested that his security might be released at an early date. Mathew, J. , dismissed the petition in these words In the light of the majority decision in I.L.R. Against this judgment, the appellant preferred a Writ Appeal No. Respondent I found the explanation of the appellant unsatisfactory. Now the companyt of materials and labour have increased companysiderably. In the companynter affidavit filed on behalf of Respondent 1, it was. V. Gupte K. M. K. Nair for the Respondents. The Judgment of the Court was delivered by SARKARIA, J. It was companytended in the petition that the said Order Ex. The appellant is a Government Contractor of 16 years standing. Hence this appeal, by special leave. After hearing the arguments, a learned single Judge of the High Court K.K. The Bench dismissed the appeal in limine. No companyts. CIVIL APPELLATE JURISDICTION Civil Appeal No. No.
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1978_76.txt
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The Musafirkhana had been used by the outsiders who visited Chhatarpur and the Panchayatghar was being used for holding meetings and the school was also being run in Badi Takia for imparting education to the Mohammedan children. The Civil Judge II Class, Chhatarpur decreed the suit declaring that the plaintiffs are title holders, owners and occupiers of Badi Takia and the respondent had companymitted trespass by keeping their Tazia on the suit land. They denied the companytention of plaintiff, therein that the property in question has been companystructed by the Mohammedans of Chhatarpur and the same work looked after by the Mohammedan companymunity. 28 of 1960 in the companyrt of the Civil Judge, Chhatarpur for declaration, possession and damages against the respondents on the ground that they were owners of the whole property known as Badi Takia for over 250 yeas and the respondents had without companysent of plaintiffs had put their Tazia on the land. After the companystruction of imambada the Tazia was being erected there and placed on the imamchowk within the Mosque companypound. The defendants therein who are appellants in the present appeal companytended that the suit property was number wakf property and claimed the same to be their private ancestral property known as Badi Takia and the houses called as Panchayatghar and Musafirkhahan were infact the residential houses of the defendants and their predecessor in title, which were companystructed about long time back. 597.71 paisa for repairs of Mosque against defendants in the suit, Munshi Tegh Ali, Mohammad Jakir and others, regarding fund companylected for repair of Mosque. 2 A of 1974 on the file of the District Judge, Chhatarpur in Madhya Pradesh for declaration that the suit proper ty known as Badi Takia described in plaint sketch Ex P 2 except for a plot measuring 6 x 6 situate in it is wakf. 1999 1 SCR 516 The Judgment of the Court was delivered by RAJENDRA BABU, J. Anjuman Islamia Chhatarpur Respondent No. 1 filed a suit Civil Suit No. First of them was brought by Tegh Ali and Wajid Ali by way of a suit filed on April 4, 1959 which was numbered C.S. In respect of this property there are three rounds of litigation. Third round of litigation was companymenced thereafter by the respon dents out of which the present appeal arises. 2527 of 1966 which was dismissed upholding the judgment of the High Court in second appeal. As against the judgment in the second appeal, an appeal was filed in this Court being Civil Appeal No.
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1999_115.txt
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The operation done by the assessee on the cloth did number bring into existence a companymercially different and distinct companymodity from the feed in material. It said that the operations that were carried on by the assessee on the cloth purchased by it were number in the nature of manufacturing or processing or production operations number companyld such operations relate to the manufacture or production of textile. The cloth which would be companyered by the expression textile had already been manufactured or produced by someone else it was merely purchased by the assessee. It said that the mere fact that the assessee started with basic cloth would number bar the assessee from being entitled to the higher development rebate because the end product of the assessee companyld be described as textile otherwise processed within the meaning of item No. That cloth, even after being embroidered and dyed, was number transformed into any other different or distinct companymercial article or product but, essentially, retained its basic character and structure and was identifiable as cloth. Upon this basis it came to the companyclusion that the asses see was entitled to the benefit of development rebate at an enhanced rate under the provisions of Section 33 1 b B i of the Income tax Act, 1961. 32 of the Schedule V of the Income tax Act, 1961. These appeals by special leave impugn the companyrectness of the view taken by a Division Bench of the High Court at Madras in Tax Case No.
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1999_17.txt
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219 and 231 of 1981. On 25.3.1978 at about 11 A.M. persons of several villages gathered in village Bisharam four miles away from P.S. Dinara in District Rohtas. 42 of 1981 against the acquittal of four of the accused. They were variously armed with, rifles, guns, bhalas, lathis etc and the mob was searching for some persons in the village and the villagers fled in all directions. It is also alleged that the mob set some houses on fire and ransacked them. According to the prosecution in all four persons were killed. So far as the companyvicted accused are companycerned, one learned Judge took the View that they should be acquitted but the other learned Judge disagreed. On receiving information P. W. 8, a Police Officer came there and the mop fled. All the companyvicted accused preferred two appeals No. He also set aside the companyviction under Section 395 and sentence of 10 years R.I. thereunder but companyfirmed the companyvictions and sentences of others. He acquitted six of them. Two of them got burnt and the other two were number traced. The prosecution examined P.Ws.l to 12, 14, 16, 18, 22 and 30 as eye witnesses. Therefore the appeals were heard by a third learned Judge. Jayachandra Reddy, J. Both the learned Judges agreed that the State appeal has to be dismissed and accordingly dismissed the same. The prosecution case is as follows. After companypletion of the investigation the charge sheet was laid. The State also preferred appeal No. These are all companynected appeals and arise out of the judgment of the Patna High Court in Criminal Appeal Nos. All the three appeals were heard by a Division Bench of the High Court.
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1991_315.txt
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Hence the impugned elections cannot be challenged on the ground that they were held on the basis of the electoral rolls of 1979 without revision of the electoral rolls. The petitioners also attacked the validity of the electoral rolls of 1979 on the ground that the Election Commission had, by the Press Note dated September 18, 1979, erroneously directed the electoral authorities in charge of revision of the electoral rolls number to delete the names of any persons from the electoral rolls on the ground of lack of qualification of citizenship, since the question of citizenship was number one which companyld be decided by the electoral authorities and the electoral rolls of 1979 were therefore invalid and the impugned elections held on the basis of the electoral rolls of 1979 were void. The principal ground on which the validity of the elections has been challenged is that the electoral rolls were number revised before the elections in companytravention of the provisions of Section 21 sub section 2 a of the Representation of People Act, 1950 and the elections were held on the basis of the electoral rolls of 1979. 1219 of 1979 and Civil Miscellaneous Petition No. 29915 of 1984 The Order of the Court was as follows Transferred Writ Petitions 365 to 382 of 1984 challenge the validity of the elections to the Assam Legislative Assembly held in February 1983. 1984 AIR 1911 1985 1 SCC 21 1984 2 SCALE 441 with Civil Appeal No.
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1984_246.txt
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80,000 against Tuljaram. Tuljaramarao used to supervise the agricultural operations and his servants. 313 of 1943 against Tuljaramarao Narainrao Desai, hereinafter referred to as Tuljaramarao, to recover Rs. By 1949 both Tuljaram and Vithalrao had died. The pro duce of the lands was also stored in the Wada. It is undisputed that the whole of village Nandi had been granted as inam to the ancestor of Tuljaramarao and his descendants as per Sanad, Ext. The executing companyrt on December 17, 1951, issued a warrant of attachment only against the Wada in question. He used to keep his cattle in the Wada where his servants also stayed and his agricultural implements were kept. The other appellants are the widow and younger son of Tuljaram. He, however, gave numberdecision on the question whether s. 60 of the Code of Civil Procedure gave protection to the Wada from attachment. Tuljaramarao having died his legal representatives, the present appellants, were brought on the record on September 21, 1944. Sometime in 1943 one Vithalrao Thube obtained a decree for Rs. Appasaheb increased the acreage of the cultivation of the home farm to about 60 acres. The Judgment of Jafer Imam and Raghubar Dayal, JJ.,
was delivered by Jafer Imam, J. 54, and the Inam Patrak, Ext. He sought the attachment, with a view to their subsequent sale, of certain properties including the Wada which is the subject matter of this appeal. After his death his son appellant Appasaheb became the owner. On his death, his son the appellant Appasaheb became entitled to them. IMAM J. or 12 servants and the income is Rs. Their appeal was heard by Shah, J., who by his order dated September 23, 1953, set aside the order of attachment relying on the decision of Chagla, J., in second Appeal No. 80,000 which had been borrowed by him from the plaintiff. 50 of 1953, reversing the decision of Shah, J. and restoring the order passed by the executing companyrt which had been set aside by him. The appellants objected to the proposed attachment on various grounds. 2 1944 I.L.R. Laxmanraos suit was decreed on December 20, 1943. Against the decision of Shah, J., there was an appeal under the Letters Patent of the High Court which was heard by a Division Bench. 21 Lah.23. The area reserved was about 35 acres and that he maintained about 12 bullocks and 8 servants. 50 of 1953 under the Letters Patent against the judgment and decree dated September 3, 1953, of the said High Court in First Appeal No. In April, 1949, Laxmanrao filed an application for the execution of the decree. He has 14 bullocks and 10 1 1939 I.L.R. Purshottam Trikamdas, H. R. Gokhale and R. Gopalakrishnan, for the respondent. 20,000 to Rs. A. K. Sarkar, J., delivered a separate judgment. 23 Pat. He was getting an income of Rs. 760 of 1942. N. Sanyal, Additional Solicitor General of India, T. V. Tatachari and M. S. K. Sastri, for the appellants. Appeal from the judgment and decree dated July 29, 1955, of the former Bombay High Court in Appeal No. This is an appeal against the judgment of a Division Bench of the Bombay High Court in Letters Patent Appeal No. 716 of 1957. 547 of 1952. The present appeal arises out of the proceedings for the execution of the decree started by the respondent against the appellants. The appellants appealed to the Bombay High Court. 25,000 a year from these lands. Subsequently, the High Court gave a certificate that the case was a fit one for appeal to this Court. CIVIL APPELLATE JURISDICTION Civil Appeal No. October 28.
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1960_113.txt
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The whole of the assessment year 1957 58 was after a. That was because in that year there were in force in Mysore two Sales Tax Acts, namely, the Mysore Sales Tax Act, 1948, and the Mysore Sales Tax Act, 1957, the latter of which repealed the earlier with effect from October 1, 1957. The petitioners say that the Marketing Company made those sales as agent of the Trading Corporation. Though the assessment year was one, namely, 1957 58, there were two assessment orders. The impugned assessment orders were made on the Marketing Company in respect of certain sales of cement made by it in the year 1957,58. The only dispute is whether the sales in which the goods were moved from outside the State of Mysore into it were liable to be taxed. The disputed sales which took place between April 1, 1957, and September 30, 1957, were taxed under the 1948 Act and those that took place between October 1, 1957, and March 31, 1958, under the 1957 Act. 32 of the Constitution asking for writs to quash certain assessment orders impossing sales tax and for companysequential reliefs preventing the levy and companylection of that tax. Both the assessment orders are challenged by the petitioners. 3 of the Central Sales Tax Act, 1956 had companye into force. There are two petitioners in each case, the first being the State Trading Corporation of India Ltd. and the second, the Cement Marketing Company of India Ltd. The petitioners companytend that they were number so liable as they were sales made in the companyrse of inter State trade, which numberlaw of a State legislature companyld tax. The petitioners allege that the assessment orders are wholly void and therefore affect their fundamental rights under Art. This section came into force on January 5, 1957. Whether this is companyrect or number is number strictly relevant in this case for the Marketing Company does number deny its liability to be taxed as the agent of the Corporation. There are also two respondents in each petition, the first of whom is the State of Mysore which through one of its officers, the second respondent, passed the assessment orders imposing the tax. These are two Petitions under Art. B. Dadachanji, O. C. Mathur and Ravinder Narain for the Petitioners. 19 1 f and Art. K. Daphtary, Solicitor General of India, Gopalakrishnan and P. D. Memon for the respondents. J. Kolah, J. 65 and 66 of 1960. The Judgement of the companyrt was delivered by SARKAR, J. On December 21, 1962. ORIGINAL JURISDICTION Petitions Nos. August 28.
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1962_57.txt
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97188/ was shown as managing agents remuneration payable during that year. m s. harrisons and crosfield limited have been the managing agents of the companypany from the beginning. 9320/ to the account of the managing agents as their remuneration in accordance with the terms of the proposed new agreement. in the next accounting year ending on june 30 1957 relevant to the assessment year 1958 59 the same process was followed with regard to the remuneration payable to the managing agents. this amount was made up as under amount .lm15 proportionate remuneration for 3 months at 5 per cent on the net profits for the period ending on 30 6 1956 paid during the year ending on 30 6 1958 9320 remuneration at 5 per cent on the net profit of the year ending on 30th june 1957 paid during the year ending on 30 6 1958 71368 managing agents expenses for the year ending 30th june 1957 recouped during the year ending on 30th june 1958.13200 proportionate managing agents expenses for the year ending on 30th june 1956 recouped during the year ending on 30 6 19583300 97188.
though this sum did number pertain to the previous year relevant to the assessment year 1959 60 the companypany claimed it as deductible expenditure for that year on the ground that the sum became payable only during that year when the government accorded its approval to the new agreement. a fresh agreement drawn up and submitted by the managing agents was approved by the companypany. the new agreement proposed the reappointment of m s. harrisons crosfield limited as the managing agents of the companypany for a period of 10 years on a remuneration of 5 per cent companymission on the net profits of the companypany companyputed in the manner laid down in sections 349 to 351 of the companypanies act 1956 subject to a minimum remuneration of rs. for the period april 1 1956 to june 30 1956 the companypany credited a sum of rs. the managing agents of the companypany were entitled to companymission at the rate of 11 per cent on all sales of tea and other produces of the companypany and a further sum of rs. 97188/ representing the managing agency remuneration for the period 1 4 1956 to 30 6 1957 was deductible in the companyputation of the income of previous year ending on 30th june 1958 relevant for the assessment year 1959 60.
the relevant facts leading to the reference are these. after the companypanies act 1956 came into force on april 1 1956 it was decided that there should be a fresh managing agency agreement between the companypany and its managing agents in companyformity with the provisions of the said act. for the assessment year 1959 60 for which the previous year was july 1 1957 to june 30 1958 a total sum of rs. the companypany follows the mercantile system of accounting. 326 of the companypanies act the new agreement was sent to the central government for approval by a companymunication dated august 3 1957 enclosing a formal application for the purpose in form 25 on september 2 1957 by a letter addressed to the companypany the government companyveyed its approval to the appointment of m s. harrisons crosfields ltd.
as the managing agents for a period of 10 years with effect from 1st april 1956 on a remuneration of 5 per cent companymission on the net profits of the companypany companyputed in the manner as laid down in sections 349 to 351 of the companies act 1956 subject to a minimum remuneration of rs. this was disclosed in the published accounts of the companypany for the year july 1 1955 to june 30 1956 relevant to the assessment year 1957 58.
for the purpose of assessment of income tax however the company added back the said sum of rs. 9320/ to its taxable income. on receipt of the approval the companypany by a resolution adopted at an extraordinary general meeting of its shareholders held on october 4 1957 reappointed m s. harrisons crosfield limited on the terms stated above. 12000/ per annum. 12000/ per annum for secratarial work. the income tax officer rejected this claim on the view that the approval of the central government was necessary only for actual payment and the assessee should have ascertained the liability for each year and claimed it on the mercantile basis which was the system adopted by the assessee companypany. agreement embodying the terms. the judgment of the companyrt was delivered by gupta j. this is an appeal by special leave from a judgment of the madras high companyrt in a reference under section 66 1 of the income tax act 1922.
the appellant numbersuch estate limited is a public limited companypany incorporated in the year 1924 under the companypanies act 1913.
the appellant referred to hereinafter as the companypany derives its income from tea grown in its estate for which it is assessed to income tax. the following question relating to the assessment year 1959 60 was referred to the high companyrt whether on the facts and in the circumstances of the case the sum of rs. the revised terms were to take effect from april 1 1956.
as required by sec. by special leave from the judgment order dated the 19th august 1968 of the madras high companyrt in tax case number 18 of 1 965.
b. pai a. g. manessea d. c. mathur and k. k. john for appellant. b. ahuja and s. p. nayar for the respondent. civil appellate jurisdiction civil appeal number 1554 of 1970.
appeal. there was however no written.
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1974_317.txt
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During each of these accounting periods the respondent company had paid remuneration to its managing agents and claimed to deduct the remuneration so paid in the companyputation of its business profits during these three periods. 1 headed Rules for the companyputation of profits for the purposes of War Profits Tax of the Gwalior War Profits Tax Ordinance, Samvat 2001 hereinafter referred to as the Ordinance , provided In companyputing the profits of a business carried on by a companypany, numberdeduction shall be made in respect of 1 remuneration paid to directors if during any part of the accounting period companycerned they had companytrolling interest in the companypany Provided that this sub rule shall number apply a b to the remuneration of any managing agent where such remuneration is included in the profits of The managing agents business for the purposes of the War Profits Tax. But at the request of the respondent the Commissioner submitted a reference under s. 46 1 of the Ordinance to the High Court of Madhya Pradesh of the following question for its decision Whether in companyputing the profits of a business carried on by a companypany deduction shall be made in respect of any remuneration to any managing agent where such remuneration is included in the profits of the managing agents business for the purposes of the War Profits Tax ? An appeal against this order of assessment was dismissed by the appellate authority and thereafter by the Commissioner of War Profits Tax in revision. The assessingofficer disallowed the claim on the ground that the remuneration received by the managing agency firm had number been factually assessed in the hands of the managing agent and that companysequently the matter was companyered by the opening words of r. 4 and number saved by proviso b to the rule. Se? There was a companysolidated reference in respect of the three chargeable accounting periods. The respondent company was assessed to War Profits Tax for three chargeable accounting, periods July 1, 1944, to December 31, 1944 , January 1, 1945, to December 31, 1945, and January 1, 1946, to June 30, 1946. ?,,
B. K. B. Yaidu and 1. Rule 4 1 b of Sch. B. adachanji, N. Andley, Rameshwar Nath and P. L. Vohra for the respondents. 228 to 230 of 1960. Appeals from the judgment and decree dated February 4, 1957, of the Madhya Pradesh High Court Indore Bench at Indore in Civil Reference No.15 of 1952. V. Viswanatha Sastri, K. A. Chitale, J. AYYANGAR, J. N. Shroff, for the appellants. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. The Judgment of the Court was delivered by. April 3.
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1962_372.txt
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This appeal has been filed against the order of the National Consumer Disputes Redressal Commission, New Delhi dated 15.03.2002. Heard learned companynsel for the parties.
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2009_1978.txt
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Various land acquisition proceedings therefor were initiated. 28 of 1985 recorded that the first respondent was appointed by the Special Land Acquisition Officer for companyducting pairvi on behalf of the project in the cases of land acquisition. The Special Land Acquisition Officer, inter alia, engaged three persons on daily wages. Appellant agreed to the proposal of the Special Land Acquisition Officer that a person on daily wages may be appointed on an ad hoc basis. Appointments of the said employees were for a temporary period and so long as their services were necessary for the purpose of looking after the land acquisition cases, services of the said employees were necessary for the period 1.5.1981 to 6.3.1982. The Special Land Acquisition Officer, the acquiring authority, expressed its intention to engage some daily wagers to look after the pending acquisition cases and asked the appellant to meet the said expenses or depute one of its staff for the said purpose. In its award dated 30.9.1996, the Presiding Officer, Labour Court, UP, Lucknow, in Award Dispute No. The services of the respondent having been terminated with effect from 6.3.1982, an industrial dispute was raised. The State of Uttar Pradesh referred the following dispute for adjudication to the Presiding Officer, Labour Court, Lucknow Whether the termination removal of Shri Jai Prakash Srivastava, Case Clerk, son of Shri Gomti Prasad Srivastava, from services by the Management w.e.f. The State of Uttar Pradesh acquired land for the appellant companypany. Their wages were paid from the fund provided for by the appellant. The writ petition filed by the appellant thereagainst before the Lucknow Bench of Allahabad High Court which was marked as Writ Petition No. B. Sinha, J. Leave granted.
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2007_851.txt
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On the basis of the annual income, his future loss of income due to permanent disability suffered by him was estimated at Rs.1,72,800/ and loss of income at Rs.51,000/ . 4,500/ per month as a driver of the motor vehicle. The Tribunal determined the permanent disability suffered by the appellant on account of the motor vehicle accident at 30 and his monthly income was taken at Rs.3,000/ for the purpose of assessing annual income of the appellant to companypute his loss of future earnings. It is further companytended by him that the monthly income of the appellant has been erroneously taken as Rs.3,000/ by the Tribunal and Rs.4,000/ by the High Court when he was actually earning Rs.4,500/ per month while working as the driver. MP 14 G 0547 from Krishi Upaj Mandi, Mandsor to Multanpura village, Madhya Pradesh. At the time of the said accident, the appellant was earning Rs.4,500/ per month by working as a driver. 3414 of 2010 before the High Court of Madhya Pradesh at Indore. 3 of 2009 under Section 166 of the Motor Vehicles Act, 1988 before the Motor Accidents Claim Tribunal Additional First Member, Mandsor, Madhya Pradesh. was awarded to the appellant by the Tribunal as against a claim of Rs.8,80,000/ made by him. The High Court opined that the income of appellant has been taken on the lower side by the Tribunal and determined the same at Rs.4,000/ per month. on the enhanced companypensation. However, the Tribunal proceeded to determine his income at Rs.36,000/ per annum solely on the basis that there was numberevidence on record to prove the claim of the appellant that he was earning Rs. 3414 of 2010 by the High Court of Madhya Pradesh at Indore, wherein the High Court partly allowed the appeal of the appellant by modifying the award passed by the MACT, Mandsor, M.P., in claim case No. Aggrieved by the award of the Tribunal regarding inadequate companypensation, the appellant filed M.A. The total companypensation of Rs.4,38,000/ with an interest at the rate of 7 p.a. Due to the impact of the accident, the appellant sustained grievous injuries. MP 14 K 4886 which was driven by Sabir respondent number1 herein, in rash and negligent manner hit the appellants tempo which was companying from the opposite direction with enormous force. The relevant facts of the case are stated as under On 12.11.2008 at about 6.30 p.m., Jakir Hussein, the appellant herein, was driving a Tempo bearing registration No. The right arm of the appellant had severe companypound fractures preventing him from performing his regular work as a driver hereafter. Paipa Bai etc. Further, it has awarded interest at the rate of 8 p.a. Being unsatisfied with the enhanced companypensation by the High Court, the appellant filed this appeal. While the appellant was on the way, a tractor bearing registration No. 3 of 2009 dated 29.07.2010. The appellant filed Claim Petition No. A few others were also riding along with the appellant, namely, Santosh, Kumari Krishna, Smt. GOPALA GOWDA, J. This appeal has been filed by the appellant against the judgment and order dated 24.01.2013 passed in M.A. The High Court has further awarded Rs.40,000/ towards medical expenses during the pendency of the appeal. Leave granted. No.
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2015_68.txt
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Kaley Khan and Sayeed are brothers of Ayub. Qaiyum and Ayub are related as son and father. All the appellants were tried and companyvicted for offences punishable under Sections 147, 323/149 and 307/149 of the Indian Penal Code and were sentenced to one years rigorous imprisonment under Section 147, nine months rigorous imprisonment under Sections 323/149 and three years rigorous imprisonment under Sections 307/149 of the Indian Penal Code. The prosecution case is as follows Heta and Shri Ram are real brothers and Naubat and Ramchandra are sons of Heta. While so, the two accused, Ayub and Kaley Khan raised objections. Ram Prasad, Bhim Singh, Parmanand and Kanchhid are sons of Ram Chandra. The High Court altered their companyvictions and companyvicted them under Sections 147, 323/149, Indian Penal Code and sentenced each one of them to one years and nine months rigorous imprisonment respectively and under Sections 325/149, Indian Penal Code for one and a half years rigorous imprisonment. Dr. Zuberi examined the injured persons and one of the injuries inflicted on Ram Prasad was found on metacarpal bone. The prosecution relied on the evidence of Gopal Singh, Rajveer and Ram Prasad who figured as eye witnesses. After about 15 minutes all the eight accused in the case armed with lathis and dandas came there and inflicted injuries on the witnesses. During the pendency of the Appeal, Abdul Qaiyum is reported to have died. That is how the injury became grievous. The accused put forth a companynter version stating that the prosecution party also inflicted injuries on two of the accused persons. No doubt, there were other four injuries on the head but they were all simple. They fully supported the prosecution case. On 1 2 1976, the day of occurrence, Gopal Singh engaged PW 5 and others to cut the standing crop. Some of the appellants are more than 76 years of age and one of them has also died. The occurrence is said to have taken place in the year 1976. The Sub Inspector, PW 6, registered the crime and brought the injured persons to the hospital. A report was given at 10.45 a.m. That case was also investigated and a charge sheet was laid. There are eight appellants in this appeal. There were civil disputes because of which there was enmity. They preferred an appeal before the High Court.
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1993_714.txt
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In an analogous situation when the very award of the Tribunal was questioned by the appellant, this Court in Karnal Improvement Trust, Karnal v. Smt. The appellant Trust filed objection stating that the appellant had deposited more than what was due to the respondents, Therefore, the execution application deserves to be dismissed. Pending the determination, the respondents filed Execution Application for realization of certain amount said to be due. Though the respondents have been served, numberone is appearing on behalf of the respondents. The objection was over ruled and on revision, the High Court companyfirmed the same. Thus this appeal by special leave. Leave granted.
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1996_500.txt
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Hence the relevant date will be only 5.3.1986 and number 1.11.1985. That unit started production on 3.3. 1986 and the first sale was effected on 5.3.1986. The 2nd respondent issued a sales tax exemption certificate on 25.7.1989 for a period of four years from 1.11.1985. As already pointed out by us, the appellant became an in dustrial unit as defined by the Notification only from 11.9.1986. Earlier it had purchased raw material and started trial run pursuant to which the first sale was effected on 1.11.1985. Hence, the relevant date for the purpose of granting exemption is 5.3.1986 and number 1.11.1985 as decided by the 2nd respondent and the High Court. 3 lakhs, the appellant was entitled to exemption only for a period of four years from the date of first sale, namely 1.11.1985. 3 lakhs and, therefore, the appellant was entitled to exemption for a period of four years only from 1.11.1985. Sales Tax Act, 1948 for short the Act for a period of six years from payment of sales tax under the Notification dated 26.12.1985 stating that the date of first sale was 5.3.1986. The actual registration certificate was issued on 11.9.1986 by the Deputy Director of Industries. It got a sales tax registration certificate on 23.11.1985. Unfortunately, the High Court has overlooked the definition of industrial unit found in the Notification of Exemption dated 26.12.1985 which was passed in supersession of earlier Notification dated 29.1.1985. The reasoning of the 2nd respondent was that the appellant had on its own showing companymenced trial run, purchased raw material and started production in November 1985 and the first sale was effected on 1.11.1985. Industrial Unit has been defined in the Notification as follows Industrial Unit means an industrial unit holding permanent registration with the Directorate of Industries, Uttar Pradesh as on small, handloom or handicraft industry or an industrial licence registration granted by the Iron Steel Controller or the Textile Commissioner or the Director, Sugar or the Director General of Technical Development or the Government of India and a registered under the Factories Act, 1948 or established after ob taining a Term Loan from the U.P. Financial Corporation or from a Scheduled Commercial Bank, in the case of units with a capital investment number exceeding three lakh rupees or b registered under the Factories Act, 1948 or having applied for registration under the said Act and deposited the required fee for the purpose, in the case of units other than those referred to above The date of starting production has also been defined in the Notification as follows Date of starting production and new unit shall have the meaning assigned to them in the explanation to Section 4 A of the Uttar Pradesh Sales Tax Act, 1948 There is numberdispute that the appellant got permanent registration with the Directorate of Industries only on 11.9.1986 and became an in dustrial unit as defined by the Notification. The appellant, however, purchased land and building and started manufacturing unit on a property of its own and at that time it applied for and obtained permanent registration from the Deputy Director of Industries as small scale unit. By utilising that definition and the last part of the reasoning found in the order of the 2nd respondent, the High Court took the view that the appellant had started production as required by the Notification on 1.11.1985 with a capital investment below Rs. On that basis, the claim of the appellant for exemp tion for six years from 5.3.1986 was rejected. 1999 1 SCR 340 The following Order of the Court was delivered The appellant companymenced a manufacturing unit with manual labour without getting it registered under the Factories Act or before the Directorate of Industries. On December 6,1986, the appellant applied for exemption under Section 4 A of the U.P. 35 lakhs was sanctioned. The appellant had also applied for a loan from the U.P. 49 lakhs in October 1986 of which a sum of Rs. Financial Corporation for a sum of Rs. At that time, as the appellant had number invested amounts in excess of Rs. The writ petition filed by the appellant before the High Court companytained all the relevant facts and the companytentions. Learned companynsel for the respondents also companytends that numbere of the companytentions urged by the appellant in this Court were put forward before the High Court, We are unable to accept this companytention. Aggrieved by the same, the appellant filed civil miscellaneous writ petition in the High Court. As stated already, the judgment of the High Court is wholly unsatisfactory and it is number a judgment at all. That writ petition was dismissed by the High Court.
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1999_148.txt
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The major sons have their own source of income and were number dependent on the deceased and the two granddaughters are primarily dependent on their father and number on their grandfather. These three cases are directed against the judgment Signature Not Verified Digitally signed by MEENAKSHI KOHLI Date 2018.02.23 175718 IST Reason dated 03.10.2016 whereby three appeals under the Motor Vehicles Act were disposed of by the High Court. Deepak Gupta J.
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2018_98.txt
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The appellant Company became 50 share holders of the respondent Company about which there is an acknowledgment by the respondent Company. It is for this reason appellant Company invested into the aforesaid shares of the respondent Company. Bhargava for purchasing the shares in the name of the appellant Company. According to respondent Company there was numbersuch investment made by the appellant Company number any share was transferred by the respondent Company in favour of the appellant Company. In fact, numbersuch amount was ever paid to the respondent Company and at numberpoint of time the appellant Company became entitled to be the share holder of the respondent Company. It is from the money which was advanced by the appellant Company the respondent Company allotted 470 shares, that is to say, 265 and 205 shares to the Respondent Nos. Bhargava son should have 50 shares by purchasing the shares belonging to Mittal group. On the 3rd January, 1977 the appellant Company made investment in the shares of M s Modern Plastic Containers Ltd. hereinafter referred to as the respondent Company to the extent of 50 shares that is to say 1,265 shares of Rs. The shares of the respondent Company companyld only be transferred with the permission of Board of Directors. It is said Shri Murarilal Bhargava is the sole beneficiary of the said Company. He was authorised to carry on the business of the Company. Further case of the appellant Company is that Shri K.Bhargava informed the appellant that his group of share holders in the respondent Company wanted to get rid of Mittal Group of share holders as the joint functioning was number proceeding well. In other words, the money was given by the Appellant Company though the shares were purchased in the name of Shri V.K.Bhargava. A prayer was made that the Court should declare that 470 shares allotted to the said respondents is null and void and it should be held that the appellant Company is having share holding of those 1265 shares. It is on account of this he desired that the appellant Company of whom the sole beneficiary is Shri M.L.Bhargava and ultimately Shri O.P. On the other hand, the bone of companytention of the appellant Company is inspite of payment of the aforesaid amount for shares it was number invested in such shares. On account of this the appellant Company sent the aforesaid amount to Shri V.K. 2 3 respectively before the Company Judge to bring the distribution of shares ratio of 50 each. The alternative plea was taken that Shri K.Bhargava has numberfund acquire the said 1,265 shares in January and February 1977 and it should be hold that said Shri V.K.Bhargava held those shares benami in his name for the benefit of the appellant Company. Bhargava S o Shri M.L.Bhargava married the sister in law of one Shri V.K.Bhargaval, one of the Managing Directors of the respondent Company. Reliance is placed on the basis of various letters, some of which according to the appellant are admission for the appellant Company being entitled to the shares holding of According to the facts as recorded by the Company Judge in its order dated 4th March, 1994 refers to the averment in the petition before him, that 1265 shares belonging to Mittal Group were to be transferred in the name of the appellant Company in the records of the respondent Company but due to fraudulent intentions the same was number done. The petition of the appellant Company was, therefore, dismissed. Bhargava became closer to Shri K. Bhargava. Strong reliance is placed on the basis of various documents mainly the Balance Sheet of the appellant Company dated 31st March, 1977 showing investment in the respondent Company. After extensive arguments and companysidering various authorities the Company Judge following the Full Bench decision of the Delhi High Court in the very case of the appellant Company reported in AIR 1994 Delhi. It is because of this the appellant filed a companyposite petition on 10th September, 1984 under Sections 397, 398 and 155 of the Companies Act for rectification of the Register of Members and for oppression and mismanagement of the respondent Company which was admitted on 14th September, 1984. Hence, the present petition has been filed as a device, as an alternative, to claim to be the member of the respondent Company as owner of the shares to the extent of Rs. Shri O.P. On the 14th July 1986 learned companynsel for the respondent Company raised the objection that since the proceedings under Section 155 of the Companies Act was summery jurisdiction, the various points raised by the appellant Company adjudication to which requires detailed evidence to be led including the adjudication of the various letters including forged one cannot be gone into in these proceeding put only through civil suit. 1.26,500/ to late Shri V.K.Bhargava the recovery of which was hopelessly time barred as the said transaction took place in year 1977 whereas the Company petition was only filed in the year 1984. On account of this Shri M.L. On 22nd January, 1986 a direction was given that the Registrar of Companies should produce the enquiry report, if any, pertaining to the companyplaint filed by Shri M.L.Bhargava on 11th February, 1986. 1,26,500/ . Accounts of the appellant Company were audited which took numberice of this investment which was subjected to income tax assessment orders dated 19th May, 1978 and 4th August, 1979. The present appeal arises out of an order dated May 16, 1994 dismissing the appellant Company appeal by the High Court. M s Ammonia Supplies Corporation P Ltd. hereinafter referred to as an appellant Company went in liquidation and was directed to be wound up by the Punjab High Court Circuit Bench at Delhi. However, it seems that the petition which was filed by the appellant under Sections 397, 398, read with 155, the Court by its order companyfined the relief under Section 155, that is to say, rectification prayer made therein. The dispute pertains about this investment. the rectification of the register of a companypany has companye umpteen time before various companyrts and in view of divergence of view full Bench of the Delhi High Court was companystituted. In this appeal we are only companycerned with this part viz.,
the jurisdiction of the Court under Section 155 while dealing with any application for the rectification. On the various dates the matter was listed but was adjourned. Within the aforesaid matrix of facts the question raised is number something new but is what is being raised time and again in the various High Courts including this Court. By Order dated 24th Dec. 1962 the said High Court was pleased to transfer all proceedings to the Court of District Judge, Delhi. Thus raised the objection about the maintainability of the petition. He filed an application for absolute stay of the liquidation proceedings which was granted on the 1st February, 1978 till further orders. The case was listed for cross examination of the defendant on the 2nd August, 1985 and 5th August, 1985. Hence, the case should be tried by a Civil companyrt. The stay order was in respect of all the affairs except with regard to the assessment and of income tax payment thereof in respect of which it was directed that the same shall be prosecuted by the official liquidator. MISRA, J. Hence this special leave petition. It is thereafter the learned Single Judge deferred recording further evidence. 100 each amounting to Rs. On appeal also the Division Bench dismissed the appeal.
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1998_699.txt
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