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62.56 nP. 62.56. It was urged before the Judicial Commissioner, on behalf of the Divisional Forest Officer that the respondents had number interest in the trees standing on their land as. The respondents applied for permission to sell the trees on their land, and the Divisional Forest Officer by order dated July 18, 1958, permitted them to sell the trees from their land on certain companyditions. 62.56 as companypensation which should be deposited. Sarahan Forest Division, and the Chief Conservator of Forests, Himachal Pradesh hereinafter referred to as the appellants to issue or get issued the necessary permission for felling the trees and the transit pass. 1267.13 nP as government fee, but the Divisional Forest Officer failed to give clear orders for felling the trees and taking out the companyverted timber from the said and. the trees were number land as defined in s. 2 5 of the Act, and that the Compensation Officer was number companypetent to grant, and, in fact, did number grant proprietary rights in the trees to the deceased Moti Ram. Moti Ram died and the land was mutated in favour of his wife Smt. He further held that the respondents were granted permission to sell the trees standing on their land and they had, in fact, entered into an agreement to sell to a third party, and they had deposited Rs. 1267.13 nP and had thus acted to their detriment. 1961 H. P. 32.
land belonging to the defendants respondents The lower companyrts held that the trees growing on agricultural land were land within the meaning of the expression as defined in s. 2 3 of the Punjab Alienation of Land Act, and, therefore, their sale to the plaintiff was unlawful having regard to the provisions of that Act. This appeal by certificate granted by the Judicial Commissioner, Himachal Pradesh, is directed against his judgment allowing a petition filed by the respondents and issuing a writ of mandamus directing the Divisional Forest Officer. The Chief Conservator Officer, by letter dated July 12, 1961, informed the respondents that the matter was being inquired from the Conservator of Forests, Simla Circle. The Compensation Officer held that as the applicant is a cultivating tenant over the aforesaid land he is entitled to acquire right, title and interest of the said land owner on payment of Rs. 452/1,453, 453/1, 40, 100 and 440 and situated in village Kadiali, Tehsil Theog, District Mahasu, belonged to Government and was under the tenancy of Moti Ram. He filed an application under s. 11 of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953 hereinafter referred to as the Act and was granted proprietary rights in the land by the Compensation Officer by order dated August 30, 1957. On September 9, 1957, a certificate of ownership was granted to Moti Ram on his depositing Rs. With certificate granted by the Judicial Commissioner the appellants have. Land measuring 27 bighas and 16 biswas companyprised in khasra Nos. For instance, in Achhru Mal v. Maula Bakhsh 2 , under a deed of sale the vendee was entitled to cut and remove the trees within a period of ten years, and the plaintiff brought a suit asking for a perpetual injunction A.I.R. Appeal from the judgment and decree dated December 12, 1963 of the Judicial Commissioners companyrt, Himachal Pradesh, in Civil Writ Petition No. Besroo and his daughter Smt. On November 15, 1958, the respondents deposited Rs. flied this appeal. As stated already, the learned Judicial Commissioner allowed the petition and issued a writ of mandamus. Thereupon, number hearing anything further, the respondents flied a petition under Art. Rameshwar Nath and Mahinder Narain, for respondents. Provisional companypensation was assessed at Rs. Vikram Chand Mahajan and R.N. Sachthey, for the appellants. in respect of certain khasra numbers. 128 of 1965. 19 of 1963. The Judgment of the Court was delivered by Sikri, J. the points raised by the learned companynsel for the appellants, it is necessary to set out the relevant facts. In order to appreciate. 226 of the Constitution. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1967_86.txt
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The respondents who were promoted to the post of Assistant Superintendents after 01.01.1986 were number given the benefit of the special pay and were only given the pay in the revised scale of Rs.1600 2660 as recommended by the Fourth Pay Commission. When the reference was pending before the Board of Arbitration, the Central Fourth Pay Commission made recommendations that the pay scale of Assistant Superintendents be revised to Rs.1600 2660 with effect from 01.01.1986. The next higher post is the post of Assistant Superintendent. Thereafter, on 05.01.1989 the Board of Arbitration made the Award with effect from 01.05.1982 to the effect that the Assistant Superintendents be given pay at the existing scale of Rs.470 750 plus a special pay of Rs.75/ per month and this special pay be companynted as pay for all purposes as per the rules. In the present case, the higher post to which the respondents were promoted after 01.01.1986 was the post of Assistant Superintendent. declaring that the respondents are entitled to the re fixation of their pay by merging the special pay of Rs.75/ with their basic pay in the then existing pay scale of Rs.470 750 on the basis of the recommendations of the Fourth Pay Commission with effect from 01.01.1986 and for subsequent companyresponding revised pay scales on the basis of the recommendations of the Fifth Pay Commission and directed the appellants to take steps to get the pay of the respondents re fixed accordingly and further directed that the respondents shall be paid all the arrears of salary as a result of re fixation of their pay. If, therefore, the special pay of Rs.75/ as has been awarded by the Board of Arbitration is for the higher post of Assistant Superintendent, the respondents would be entitled to the benefit of special pay, but if the special pay was only for the Assistant Superintendents then serving, and number for the post of Assistant Superintendent, the respondents would number be entitled to the benefit of special pay having been promoted after 01.01.1986. In the year 1978, there was a demand by the Assistant Superintendents working in the operation units under the Director, National Sample Survey Organisation, that the existing pay scale of Rs.470 750 of the post of Assistant Superintendents be raised to Rs.550 900 with effect from 01.01.1978. On 04.07.1989, the Ministry of Finance, Department of Expenditure, issued an order that the Ministry has agreed to the proposal of the Department of Statistics to implement the Award of the Board of Arbitration and allow special pay of Rs.75/ with effect from 01.05.1982 to the Assistant Superintendents in the Operation Units of the National Sample Survey Organisation, but the special pay will companytinue upto 31.12.1985 and will number be available in the higher revised scale of Rs.1600 2660 with effect from 01.01.1986. The relevant facts very briefly are that the respondents herein were working in the post of Investigators in the National Sample Survey Organisation, Government of India, Ministry of Planning and Implementation, Department of Statistics at Hyderabad, in the pay scale of Rs.425 700 prior to 01.01.1986. The demand was referred to the Board of Arbitration for adjudication on 12.02.1985. Aggrieved, the respondents moved the Central Administrative Tribunal, Hyderabad Bench, for short the Tribunal in O.A. 827 of 2002 and by order dated 22.01.2003 the Tribunal allowed the O.A. This is an appeal against the judgment and order dated 12.08.2003 of the Division Bench of the Andhra Pradesh High Court in Writ Petition No.7596 of 2003 for short the impugned judgment . K. PATNAIK, J. No.
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2010_1271.txt
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The appellants are the legal representatives of late Kapoor Chand. In that agreement Kapoor Chand stated that the property in dispute was his self acquired property. During the pendency of the suit Kapoor Chand died and his wife, sons etc. A suit was filed by the respondent herein against Kapoor Chand for specific performance of a companytract for sale. It was alleged that Kapoor Chand had entered into an agreement to sell the property in dispute to the plaintiff respondent, M s. Paras Finance Co. 835of 1997. The Revision Petition was filed in the High Court against an order dated 6.8.1997 passed by the trial companyrt whereby the application filed by the revisionists under Order 22 Rule 4 2 CPC read with Order 1 Rule 10 CPC was rejected. applied to be brought on record as legal representatives. After they were impleaded they filed an application under Order 22 Rule 4 2 read with Order 1 Rule 10 CPC praying inter alia, that they should be permitted to file additional written statement and also be allowed to take such pleas which are available to them. MARKANDEY KATJU, J. This appeal has been filed against the impugned judgment and order dated 7.1.2000 in S.B. Civil Revision Petition No. The trial companyrt rejected this application against which a revision was filed by the appellant which was also dismissed by the High Court. Heard learned companynsel for the parties and perused the record. Hence this appeal by special leave.
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2007_777.txt
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L.A. 34 36/1992 and on 8.6.94 in Misc. But the Land Acquisition Collector by his order dated 18.9.96, rejected the same as time barred on the view that in respect of the lands companyered by the very same Notification under Section 4 1 of the Act, there was an earlier Award passed by the Reference Court on 21.12.93 itself in Misc. 3516 of 1997 is companycerned, the Land Acquisition Collector, was moved by the land owners for re determination of companypensation in respect of their lands invoking Section 28 A of the Act, with reference to an award of the Reference Court made on 5.5.94 in respect of cases Misc. Case Nos.37, 38, 39, 42, 43 and 44/1992 and that the period of limitation has to be calculated from the earliest of the Awards, which in this case, as per Collector, was on 21.12.93. The Land Acquisition Collector rejected the claim by his order dated 18.9.96 on the ground that the same was number filed within the stipulated period of three months inasmuch as, according to the Collector, the period of limitation had to be calculated from 25.5.94, an earlier Award of the Reference Court in respect of the lands companyered by the same Notification under Section 4 1 of the Act and number with reference to the latest or subsequent Awards of the Reference Court. Cases Nos.40, 41, 45 46/1992. The petition was filed on 1.8.94. So far as the appeal in C.A.
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2002_1178.txt
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15,87,296. 15,87,296, the value of Plant, machinery and dead stock as revalued, and Rs. The Income Tax officer held that the written down value of Plant, machinery and dead stock as per Income Tax records was Rs. 15,87,296 for which Plant, machinery and dead stock were transferred to the companypany, the Income Tax Officer held that tax was payable under Section 41 2 on the income of Rs. The Written Down Value of Plant, machinery and dead stock as per assessees books, was Rs. 4,36,896, the written down value of Plant, machinery and dead stock as per assessees books, came to Rs. 11,50,400. 41,73,973, out of which the machinery and dead stock, as revalued by M s. Hargovandas Girdharlal, was Rs. On March 31, 1966 the assessee and the companypany entered into an agreement whereunder the assessee agreed to sell to the companypany the business hitherto carried on by the assessee as a whole going companycern. Kharwar, 1969 72 ITR 603, the Income Tax Officer held that tax was payable under Section 41 2 on the surplus amount, i.e., difference between the written down value of Plant, machinery and dead stock as per assesss books and the value of the same as revalued by M s. Hargovandas Girdharlal. 1 in favour of the Revenue and against the assessee. Commissioner before the Income Tax Appellate Tribunal hereinafter referred to as the Tribunal . In Associated Clothiers Ltd. supra the appellant companypany, which was originally registered as Phelps Co. Ltd., altered its name to Associated Clothiers Ltd. on March 21, 1952. 11,50,400 was shown as the purchase companysideration. In this companytext, reference may also be made to the decisions of this Court in Associated Clothiers Ltd. v. Commissioner of Income Tax, Calcutta, 1967 63 ITR 224, and Pandit Lakshmikanta Jha v. Commissioner of Income Tax, Bihar Orissa, 1970 75 ITR 790. The assessee is a partnership firm which was carrying on the business of manufacturing artsilk cloth. This appeal by certificate granted by the Gujarat High Court under Section 261 of Income Tax Act, 1961 hereinafter referred to as the 1961 Act involves the question whether the surplus as a result of difference between the written down value and the sale companysideration for the Plant, machinery and dead stock transferred by the assessee is under Section 41 2 of 1961 Act. In respect of the assessment year 1967 68, the assessee filed its return showing nil income. As regards the status of the assessee it was held that the assessee must be taxed in the status of Association of Persons and number in the status of a Registered Firm. A private Ltd. Company by the name of Artex Manufacturing Company Private Ltd. hereinafter referred to as the companypany was formed with a a view to take over the business of the assessee as a running. 4,36,896. The said companytention was rejected by the Tribunal on the basis of the decision of this Court in Pandit Lakshmikant Jha v. Commissioner of Income Tax.,
1970 75 ITR 790. Relying upon the decision of this Court in Commissioner of Income Tax, Gujarat II v. B.M. During the companyrse of the assessment proceed ings before the Income Tax Officer, for the purpose of determination of purchase companysideration, the assets were shown at Rs. On the same day another companypany was incorporated in the name of Phelps and Co. Ltd. and by a written agreement of the same date the appellant companypany agreed to transfer its assets and liabilities to the new companypany, viz.,
Phelps Co. Ltd., in companysideration of the allotment of shares and some cash, the latter taking over the liabilities of the appellant company. 100 each according to original shares of partners of the assessee. The assessee as well as the Revenue filed appeals against the said decision of the Appellate Asstt. The difference between Rs. The liabilities were shown at Rs. 2, 3, 4 and 5 has been answered in favour of the assessee and against the Revenue. In pursuance of the said agreement, the assessee ceased to carry on the business with effect from April 1, 1966 and the said business stood trans ferred to the companypany. 11,50,400 which was paid and satisfied by allotment of 11,504 fully paid up equity shares of Rs. On January 9, 1970, a revised return was filed showing nil income with a numbere that since the partnership firm was companyverted into a private limited companypany as a going companycern there was numberincome chargeable to tax either under Section 41 2 or under Section 45 of the 1961 Act. The companysideration for the said sale was Rs. 30,23,573 and the balance amount of Rs. Commissioner, on appeal, has held that the surplus was assessable under the head Capital Gains and number under the head Business. The Tribunal framed the following questions for companysideration whether the surplus is taxable at all? The new companypany took possession of the property agreed to be sold on July 1, 1952. 2 to 6 which were answered against the revenue. 12,56,020. The Appellate Asstt. The appeal relates to the assessment year 1967 68. Under the terms of the agreement the appellant company purported to transfer seven items of property described in the schedules annexed to the deed. Feeling aggrieved by the said decision of the High Court, the Revenue has filed this appeal on the basis of the certificate of fitness granted by the High Court. 1997 Supp 1 SCR 608 The Judgment of the Court was delivered by C. AGGRAWAL, J. No deed of companyveyance was executed. Question Nos.
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1997_677.txt
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There shall be a Secretary to the Commission who shall also be a whole time officer to be appointed by the State Government. The said Commission shall be a body companyporate having perpetual succession. Other terms and companyditions of service of the Chairman members and the Secretary shall be determined by the State Government. The companymission shall companysist of a Chairman and two other members to be appointed by the State Government who shah be whole time officers, and shall hold office for a term of three years from the date of assumption of charge of office, on the expiration of which term they, or any of them, may be reappointed for only one more term which shall number exceed three years. and a companymon seal, and shall by the said name sue and be sued. R. Gopalakrishnan, for the interveners. The Principal and the Rector of St. Xaviers Co,liege, Ranchi and two parents of students have filed the present petition under Art. Finally the University by a letter, September 26, 1967, companymunicated to the College that the Senate had decided on September 24, 1967 to withdraw the affiliation of the College under Article 171 of the Statutes for violating the said provisions of the Act and the Statutes With effect from the session of 1969 70. The Senate, however, was generous enough to put on record its appreciation of the good work done by the companylege in the field of education. C. Setalvad and R. Gopalakrishnan for the petitioners. ORIGINAL JURISDICTION Wilt Petition No. Petition under Art. K. Daphtary, Attorney General and U.P. K. Chatterjee, for respondent No. The Judgment of the Court was delivered by Hidayatullah, C.J. 1 of 1968. Singh, for respondents No. 1 and 4.
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1968_156.txt
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PW 1 claimed that he was the proprietor of the M s. Bharatha Lakshmi Traders as well as Shri Lakshmi Oil Mill Company. It was numbered that the companyplainant received numberice in respect of M s. Sri Lakshmi Oil Mill Company whereas the assessment was in respect of M s. Sri Bharatha Lakshmi Traders. The de facto companyplainant Badri Audhiseshaiah was the proprietor of two firms, by name, Sri Lakshmi Oil Mill Company and Sri Bharatha Lakshmi Traders at Gudur. The High Court also was of the view that the turnover of M s. Sri Bharatha Lakshmi Traders was only Rs. But it has companye in evidence that the total annual turnover of M s. Bharatha Lakshmi Traders, which was also a companycern of the companyplainant, was Rs. Whether the assessment related to M s. Sri Lakshmi Oil Mill Company or M s Bharatha Lakshmi Traders is inconsequential, as the assessment of both these companycerns had to be finally settled by the respondent Officer. The companyplainant was examined as PW 1. The companyplainant received numberices from the respondent asking him to submit C Forms and affidavits and other account books relating to his firm, Sri Bharatha Lakshmi Traders. 20,000/ . 20,000/ and wanted the companyplainant to pay the amount on the next day. 20,000/ as bribe. The defence of the respondent was that on 8.8.1992, he was number at Nellore and that he had gone to Chirala and attended the Panchayat at the instance of DW 3 Major D. Samuel in Chirala. On the side of defence, DW 1 to DW 5 were also examined. Admittedly, the numberices were issued by the respondent to the companyplainant. DW 4 immediately told the respondent about the same whereupon the respondent instructed DW 4 to go and find out whether the companyplainant had gone and to give him back the money he had left. On 9.8.1992, at about 8.00 A.M., the companyplainant went to the house of the respondent and gave him Rs. 7000/ and the companyplainant companyld number have agreed to pay Rs. He deposed that he had met the respondent on 8.8.1992 when the latter demanded Rs. DW 4 gave evidence in support of the defence set up by the respondent. The companyplainant said that the amount demanded was a huge amount and, therefore, the respondent reduced the amount to Rs. DW 4 went out and found that the companyplainant had already left the place and, therefore, he gave the money to the respondent who kept the same underneath the pillow in his bedroom. The companyplainant on 8.8.1992 itself approached the Anti Corruption Bureau office at Nellore and gave a statement before the Deputy Superintendent of Police, who registered a case and decided to lay a trap. The prosecution case is that on 8.8.1992 at about 7.00 A.M., the companyplainant went to the house of the respondent and sought for a months time for submission of accounts and other documents. On being subjected to chemical test, the fingers of the respondent were found positive and the pyjama allegedly worn by the respondent Officer was also found to be positive on chemical test. The respondent also companytended that on chemical test his fingers were found to be positive only as he had shaken hands with PW 1 and his pyjama pockets were also companytaminated with chemical substance as a mediator of the trap party had searched his pockets for the tainted money. 20,000/ and that he paid that amount to the respondent on the next day. Trap party immediately intervened and Rs. Complainant made repeated requests and then the respondent agreed to extend the time provided the companyplainant paid him Rs. 20,000/ was recovered from the possession of the respondent Officer. 25,000/ and on his request the amount was reduced to Rs. In this case, it is proved by satisfactory evidence that PW 1 went to the house of the respondent and the trap party was able to recover the money from the possession of the respondent. The examination of railway officials proved that the respondent had travelled from Naidupet to Chirala in Hyderabad Express. The respondent was working as a Commercial Tax Officer at Naidupet from 13.7.1991 to 22.8.1992. 6000/ or Rs. But his evidence was number at all reliable and even the High Court found that the evidence of DW 4 did number inspire companyfidence. The evidence of PW 1 was accepted by the Special Judge. 25,000/ as bribe. The respondent refused to grant time and threatened that the companyplainant would be visited with penalty in case he failed to submit the books of accounts and other documents in time. The whole question was whether the evidence of PW 1 companyld be relied on. The learned Single Judge held that there were certain discrepancies in the evidence of PW 1. 1,55,750/ therefore, the tax payable was only Rs. P1 to P25 and M.Ps. The High Court in appeal rejected the evidence of PW 1 and held that it was suspicious. The respondent had numberreservation tickets and he stated that he had produced two tickets with certain specified number. The explanation offered by the respondent is highly improbable. This is an appeal preferred by the State of Andhra Pradesh against the acquittal of the respondent who was companyvicted by the Special Judge for SPE and ACB cases, Nellore, for the offences punishable under Section 13 1 d read with Section 13 2 of the Prevention of Corruption Act, 1988. On the side of the prosecution, 5 witnesses were examined and Exhs. 1 to 10 were marked. G. Balakrishnan, J. 30 40 lakhs.
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2004_578.txt
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Special Leave granted.
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1986_282.txt
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The UPSEB again issued a bill on 31.07.1999 for a sum of Rs.13,40,42,018/ . However, numberheed was paid to the request of the appellant and UPSEB kept on sending bills including the bills of electricity companysumed by the residential quarters. State Electricity Board hereinafter referred to as the UPSEB to provide electric supply directly to the residential companyonies as the appellant was unable to companytinue the payment directly on account of lack of funds. Despite repeated requests, the UPSEB companytinued to supply electricity through the service companynection to the companypany as well as the residential companyonies at companymercial rates. On 20.08.1999, the appellant sent its objection reiterating the stand that they were number liable to pay and returned the bills to the UPSEB for cancellation. On 24.02.1999, UPSEB raised a bill demanding Rs.11,35,80,301/ from the appellant for the period from April, 1995 to February, 1999 which includes electric supply to the factory and to the residential quarters, surcharge, penalty etc. The appellant company entered into an agreement on 30.09.1994 in supersession of an earlier agreement dated 28.09.1983, with the UPSEB for supply of electricity for 4000 KVA load of 11 KV voltage through the above said Service Connection. The appellant also brought to the numberice of UPSEB that for realizing the electricity dues from the residents of the companyony, the High Court, in a similar case, passed an order in pursuance of which bills directly were charged from the persons occupying the residential quarters. The appellant raised an objection to the said bill on 24.04.1999 stating that it has repeatedly objected inasmuch as firstly after closure of the factory on 04.09.1995 numberelectricity was being companysumed and was used by the factory and the bills pertain to companysumption by the residential quarters for which it had time and again requested for a separate companynection. On 24.07.1999 the Sub Divisional Magistrate, Modinagar, Dist. Thereafter, 50 of the rent is being received by the Bank and 50 rent by the appellant from the lessee. Ghaziabad issued an order to the lessee Lucky Tex Spinners Pvt. BACKGROUND FACTS The appellant Modi Tele Fibres Ltd. was carrying on business of manufacturing threads at Modinagar, Dist. Ghaziabad. 01.08.1995, the appellant company shall number be liable for the supply made. Ltd. directing that since an amount of Rs.11,61,61,574.31 is due on the appellant as Government dues 50 of the rent amount was attached and further directed to pay the same by pay order every month directly to the Tehsildar. Against that order, the appellant filed a petition under Article 227 of the Constitution before the Delhi High Court, which vide order dated 08.03.1999 allowed the appellant to lease out the factory with a direction that 50 of the rent amount shall be paid directly to the Punjab National Bank. The Tribunal passed an interim order whereby the appellant was restrained from leasing out the factory premises. In the meantime, Punjab National Bank which extended financial assistance to the appellant initiated recovery proceedings before the Debts Recovery Tribunal. However, the appellant Company started suffering huge losses on account of various factors such as fall in production, number availability of capital funds for meeting operational expenses etc. In the meantime, the appellant made a reference to the BIFR under Section 15 of the Sick Industrial Companies Act. 37862 of 1999, whereby the High Court dismissed the writ petition preferred by the appellant herein. 5976 OF 2001 Sathasivam, J. We heard Mr. Rajiv Dutta, learned companynsel for the appellant and Mr. Pradeep Misra, learned companynsel for the respondents. The appellant, on 16.06.1994, wrote a letter to respondent No.1 U.P. which were beyond the companytrol of the appellant. Being aggrieved by the order passed by the Sub Divisional Magistrate, the appellant filed a writ petition in the High Court. Dissatisfied with the order of the High Court the appellant preferred the above appeal. Writ Petition No. This appeal is directed against the final judgment and order dated 23.09.1999 passed by the Division Bench of the High Court of Judicature at Allahabad in Civil Misc. CIVIL APPEAL NO.
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2007_1008.txt
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and sentenced to undergo simple imprisonment for a period of one year. and sentenced to undergo imprisonment for life and to pay fine of Rupees ten thousand in default, to undergo further simple imprisonment for a period of one year. He was further companyvicted under Section 309 I.P.C. The sole appellant was companyvicted by the Trial companyrt under Section 302 of the Indian Penal Code, 1860 for short, I.P.C. The sentences were, however, ordered to run companycurrently. On appeal being preferred, High Court companyfirmed the companyvictions. Heard learned companynsel for the parties.
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2008_1554.txt
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The appellants are some of the ratepayers of the Municipal Committee of Shegaon which is respondent No. On July 25,1954, the Municipal Committee passed a resolution for tile purpose of levying an octroi duty instead of terminal tax. 2 N of 1956. Oil August 4, 1956, objections were invited to the proposed tax. At a meeting of the Municipal Committee dated August 16, 1956, the objections of the other appellants were rejected as being time barred and those by the first appellant were rejected because it was the only objector whose objections were within time. The appellants were carrying on trade and business which involved their bringing goods within the limits of the Municipal Committee. This resolution was published in the State Gazette on June 29, 1956, along with rules for assessment. The objections by the first appellant were filed on August 4, 1956, and by some others on August 5 and 6. 226 of the Constitution by the present appellants in regard to the legality of the numberification levying an octroi duty on certain goods. Some representations were made by the first appellant to the Government and a few days later the other objectors also made similar representations but the Government issued the numberification sanctioning the imposition of the tax and the Draft Rules on October 27, 1956, though the Gazette Notifications were published on two separate dates, i.e., October 30 and October 31, 1956. S. Shastri and Ganpat Rai, for respondent No. 234 of 1959. R. L. Iyengar and T. M. Sen, for respondent No. P. Varma, for appellant No. The other respondent is the State of Bombay. The appellants then filed a petition under Art. Appeal from the order dated February 15, 1957 of the Bombay High Court of Judicature at Nagpur in Special Civil Application No. This is an appeal on a certificate by the High Court of Bombay against the judgment and order of that Court passed on a petition under Art. The Judgment of the Court was delivered by KAPUR, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. March 28. I in this appeal.
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1957_72.txt
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Sales Tax Reference No. An appeal filed by the respondent against the order of the Sales Tax Officer was disposed of by the Assistant Commis sioner Judicial Sales Tax, Bareilly. The companyy of the appellate order was served on the dealer respondent on August 2, 1965. 1726 of 1971. This is an appeal by special leave against the judgment of Allahabad High Court whereby the High Court answered the following question referred to it under section 11 3 of the UP Sales Tax Act hereinafter referred to as the Act in favour of the dealer respondent and against the revenue Whether the time taken by the dealer in obtaining another companyy of the impugned appellate order companyld be excluded for the purpose of limita tion for filing revision under section 10 1 of the UP Sales Tax Act when one companyy of the appellate order was served upon the dealer under the provi sions of the Act ? 137 of 1970 .12 1234SCI/76 C. Manchanda, M.V. At the instance of the Commissioner of Sales Tax, the question reproduced above was referred to the High Court. The respondent, it appears, lost the companyy of the appellate order which had been served upon him. On June 15, 1966 the respondent made an application for obtaining another companyy of the above order. Goswami and O.P. The matter relates to the assessment year 1960 61. Appeal by Special Leave from the Judgment and Order dated 20 4 1971 of the Allahabad High Court in Misc. CIVIL APPELLATE JURISDICTION Civil Appeal No. This companytention was accepted by the Judge Revision . Rana, for the Appellants. The Judgment of the Court was delivered by KHANNA, J.
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1976_264.txt
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Bank of Madura was the routing bank through which the securities were purchased and sold to Indian Bank for which Bank of Madura charged service charges. He is stated to be an approved broker of the Indian Bank. Under instructions from Indian Bank, a portion of the amount realized from the security transactions carried on behalf of Indian Bank was paid by way of additional interest to certain Public Sector Undertakings PSU on the deposits made with the Indian Bank and out of eight PSUs three has companyfirmed the receipt of such additional interest through demand drafts. The remaining 5 PSUs denied to have received any such Demand Draft either from Shri T. Jayachandran, the Respondent or from M s Indian Bank and the High Court was number justified in accepting the Respondents companytention that there was some overriding title in favour of the PSUs in the alleged additional interest payable to them by the Indian Bank. In order to pay higher interest to the PSUs who made a fixed term deposit with the Indian Bank, the bank requested the Respondent to purchase securities on its behalf at a prescribed price which was unusually high but adequate to companyer the market price of the securities, brokerage incidental charges to be levied by the Respondent on these transactions, apart from companyering the extra interest payable to the PSUs. The Respondent, on the instructions of Indian Bank, purchased securities at a particular rate quoted by the Bank and sold them to Indian Railways Finance Corporation. The rate of interest offered to the PSUs for making huge term deposits was to the extent of 12.75 of interest on fixed deposits against the approved 8 rate of interest in accordance with the RBI directions. It is the case of the Revenue that the Indian Bank, in order to save itself from being charged unusually high rate of interest on borrowing money from the market, lured Public Sector Undertaking PSUs to make fixed term deposit with it on higher rate of interest. During all these relevant assessment years the Respondent acted as a broker to the Indian Bank in purchase of the securities from different financial institutions. The Respondent was paid companymission in respect of transactions done on behalf of Indian Bank. Learned Commissioner of Income Tax Appeals , vide order dated 08.08.1996, set aside the demand for additional tax while deciding the issue in favour of the Respondent and held that the alleged additional interest payable to the PSUs companyld number be companysidered as the income of the Respondent. Point s for companysideration The only point for companysideration before this Court is whether on the facts and circumstances of the present case the High Court was right in holding that the alleged additional interest payable to PSUs cannot be assessed as income of the Respondent? However, the High Court failed to companysider the factual position that out of 8 PSUs only 3 have companyfirmed the receipt of demand drafts. The Respondent filed his return of income for the Assessment Year 1991 92 on 01.11.1993 and declared his income at Rs. ITA No.2297 Mds /1996 before the Income Tax Appellate Tribunal hereinafter referred to as the Tribunal . Learned companynsel further companytended that the High Court, while passing impugned judgment, relied on the letter dated 25.03.1994 of M s Indian Bank. The total income was determined at 4,85,46,120/ vide order dated 30.06.1994. The Respondent, being dissatisfied with the order, preferred an Appeal before the Commissioner for Income Tax Appeals . 368 of 2005 wherein the Division Bench of the High Court allowed the appeal filed by the respondent by absolving the additional tax liability imposed by the Assessing Officer, vide order dated 25.01.1996. However, the Tribunal refused to rely on the evidence produced in the trial companyrt on the ground that the assessment proceedings are different from the criminal proceedings and the evidence adduced in the trial companyrt companyldnt be relied to absolve the Respondent from the tax liability. The Assessing Officer, vide order dated 25.01.1996, raised a demand for a sum of Rs. Rival companytentions Learned companynsel appearing on behalf of the Revenue companytended that the High Court erred in relying on the evidence given in the criminal proceedings as the nature of the criminal proceedings is different from that of assessment proceedings. However, later on, the case was taken up for scrutiny and assessment was framed under Sec 143 3 of the Income Tax Act, 1961 in short the Act . Being aggrieved by the order of the ITAT dated 05.01.2005, the assessee filed Tax Case Appeal No. Brief facts The Respondent an individual and the proprietor of M s Chandrakala and Company, is a stock broker registered with the Madras Stock Exchange. 4,82,83,620/ . The High Court, vide order dated 29.10.2012, set aside the order of the Tribunal while relying on the evidence given in the criminal case in this regard. 368 of 2005 before the High Court. Being aggrieved by the order dated 08.08.1996, the Revenue filed an appeal bearing No. The assessment years under companysideration herein are 1991 92, 1992 93 and 1993 94 respectively. The present appeal has been filed against the impugned judgment and order dated 29.10.2012 passed by the High Court of Judicature at Madras in Tax Case Appeal No. CC 17 of 1997, was decided on 27.04.2004 by the CBI companyrt. Hence, this appeal is filed before this Court. K. Agrawal, J. Leave granted.
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2018_193.txt
|
you and your associates were removing three bales of empty gunny bags by breaking open wagon No. The petitioner companytended that there was only one ground companymunicated to him under Section 8 Sub section 1 as forming the basis of the order of detention and it was that on the night of 11th August, 1972 the petitioner with his associates was found removing three bales of empty jute bags after breaking a railway wagon in Naihati railway yard and when challenged by the local railway Protection Force the petitioner and his associates fled away leaving the booty. There was also another angle from which the validity of the order of detention was challenged on behalf of the petitioner. The State Government thereafter placed before the Advisory Board the ground on which the order of detention was made as also the representation sent by the petitioner against the order of detention and on receipt of the report of the Advisory Board that there was in its opinion sufficient cause for the detention of the petitioner the State Government passed an order dated 7th October, 1972 companyfirming the detention of the petitioner. WR 386335 near Goala Fatak North Cabin of Naihati Railway Yard. This ground, said the petitioner, was a single solitary ground which companyld hardly sustain the inference that the petitioner was acting in a manner prejudicial to the maintenance of supplies and services essential to the companymunity and with a View to preventing him from so acting it was necessary to detain him and the satisfaction of the District Magistrate in this behalf was numbersatisfaction at all and companyld number support the making of the order of detention. The respondent disputed the validity of this companytention but realising that merely on the strength of the isolated act attributed to the petitioner in this ground, it was number possible to justify the satisfaction alleged to have been reached by the District Magistrate, the respondent urged that wagon breaking had become a menacingly frequent crime which was seriously affecting movement of essential companymodities and in the companytext of this background, the act of wagon breaking companymitted by the petitioner, though single and solitary, companyld reasonably lead to the satisfaction that it was necessary to detain the petitioner with a view to preventing him from indulging in further acts of wagon breaking. Pursuant to the order of detention the petitioner was arrested on 30th August, 1972 and immediately on his arrest the grounds on which the order of detention was made were served on him by a companymunication dated 28th August, 1972 made under Section 8 Sub section 1 of the Act. members you and your associates fled away leaving behind the stolen Gunny bags. The petitioner thereupon submitted from jail the present petition challenging the legality of his detention and praying for a writ of habeas companypus for setting him free. The District Magistrate, 24 Parganas, in exercise of the power companyferred upon him under Sub section 1 read with Sub section 2 of Section 3 of the Maintenance of Internal Security Act, 1971, passed an order dated 28th August, 1972 directing that the petitioner be detained as it was necessary to do so with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies and services essential to the companymunity. Being challenged by the local R.G. That on 11 8 72 at about 14.05 hrs. There was only one ground set out in this companymunication and it was in the following terms. Bhagwati, J.
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1974_29.txt
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The wholesaler alleges that he handed over to you Rs. Whether the credit sales effected by the wholesalers were companytrary to their agreement with the companypany? You deny the receipt of this money from the wholesalers and in fact it appears that you have filed a criminal companyplaint against the wholesaler for alleged extortion of certain receipts from you. The said agreement provided that the wholesalers would have to deposit with the Company a sum of Rs. It is clear that the facts of misconduct alleged against the respondent as his acts were 1.
taking personal loans from the wholesalers, 2.
denial by him of these loans and filing a criminal companyplaint against the wholesalers, and 3. 5 that the respondent had taken loans on his personal account from the wholesalers for which he had executed the said two bonds. On December 6, 1960, the Company received a telegram from the wholesalers that there was cash shortage of Rs. The Appellant Company had also appointed by an agreement M s. Hari Bhagat Laxmi Bhagat at Kathmandu as its wholesalers. On August 26, 1956 the Company sent the respondent to Kathmandu for promoting sales and for assisting the said wholesalers in their sales. The respondents case, on the other hand, was that he had number taken any loans from the said wholesalers, that companytrary to the said agreement With the wholesalers, the Companys officers at Patna Branch companynived at credit sales effected by the wholesalers, that the wholesalers, on companying to know that on December 5, 1960 the respondent had handed over charge to a new salesman, got panicky and realising that they would number be able to recover the sale proceeds of the said credit sales, they and the said K. P. Sinha, the Branch Manager arranged between them to get the said loan bonds executed by the respondent, that the wholesalers thereafter also extorted under companyrcion the said two receipts, and that therefore the wholesalers version that there was cash shortage of Rs. On December 27, 1960, the respondent intimated to the Company that the said receipts were extorted from him by the wholesalers, and that pending instructions from the Company he was filing a criminal companyplaint against them. It may be mentioned that it was number the Companys case that the respondent had embezzled the Companys monies, its case all throughout being that the monies for which the respondent was said to have executed the said bonds and the said receipts were number the Companys monies but were for loans advanced by the wholesalers. On December 9, 1960, the wholesalers wrote to the Company that they had paid the said two amounts to the respondent for remittance to the Company and asked the Company to send them the requisite credit vouchers therefore. The respondent was also said to have written on 7th, 8th, 9th and 10th December, 1960, letters to the said Branch Manager admitting that he had obtained the said loans from the wholesalers. On December 28, 1960, the wholesalers also enclosed companyies of two receipts purported to have been executed by the respondent in respect of the said two amounts. The Labour Court on these pleadings framed four questions for its companysideration Whether the said wholesalers had advanced to the respondent the said two sums? On receipt of the telegram, one K. P. Sinha, the Branch Manager at Patna, went over to Kathmandu and made a preliminary enquiry in the companyrse of which it was said that the respondent admitted that he had taken personal loans from the wholesalers and had executed two loan bonds for Rs. 6 that by executing the said two receipts he had made it appear as if the said monies were part of the monies given to him for remittance, thus enabling the wholesalers to allege that they had hand ed them over for remittance and were numberlonger liable to the companypany for them. 20,000/ , that they would be paid companymission at 3 on all sale proceeds in respect of sales effected by them, that out of the stock supplied to the wholesalers the Companys own salesman posted at Kathmandu would also be entitled to effect sales and that the sale proceeds in respect of sales effected by both of them should be remitted to 1969 S. C./63 XI G 6 the Company through its salesman. In his reply to the said charge sheet, the respondent denied the said alleged transactions, his case, as aforesaid, being that the said bonds and the said receipts as also the said four letters written by him from the 7th to the 10th of December, 1960, were secured from him either under the influence of the Branch Manager or extorted from him under force and companyrcion by the wholesalers. It is clear that the wholesalers had changed their case, their case first being that the said two amounts were advanced by way of loans to the respondent and later on stating that the said two amounts were given to the respondent for remittance but the respondent had failed to remit them and that therefore there was cash shortage of Rs. By such companyduct and behavior you have brought down the reputation of the Company at Kathmandu and therefore, you have companymitted a gross misconduct prejudicial to the interest of the Company. The Company thereafter served a charge sheet on the respondent alleging therein that he had abused the position of trust and responsibility as a Companys employee and brought down thereby its reputation and had companymitted the following acts of misconduct, namely You have given room for allegations to be made against you by the wholesalers Hari Bhagat Laxmi Bhagat with respect to transactions admittedly entered into by you in your personal capacity. Aggrieved by the order of discharge, the respondent filed a companyplaint in the Labour Court, Patna under Section 26 of the Bihar Shops Establishment Act, 1953 in which he pleaded inter alia a that there was numberreasonable cause for dispensing with his services, b that he was number guilty of any misconduct, c that he had number entered into personal transactions with the wholesalers, and d that the officers of the companypany in companylusion with the wholesalers, and to save their gross negligence, took statements from the petitioner under threat and undue influence. The enquiry officer companycluded his report by holding that the charge that the respondent had entered into personal transactions with the wholesalers taking advantage of his position was satisfactorily proved and that he had made abuse of the trust reposed in him by the companypany and by systematic irregular work and disobedience of the instructions of the companypany he had managed to keep everybody in the dark with a view to companyering his illegal activities. 11,000/ by the respondent. No difficulty appears to have been experienced by the Company by this arrangement until the middle of 1960. 4,600/ on 3 12 1960. 7 that the letters of the 7th, 8th, 9th and 10th December, 1960, were voluntarily written by the respondent to the Branch Manager, and 8 that it was possible that the said two receipts were extorted from the respondent. It was admitted before us that the Appellant Company has number framed any rules of companyduct for its servants and further that there was numberrule forbidding a Companys employee from entering into personal transactions such as loans. 11,000/ . The result was that the Company sent one P. N. Saxena to Kathmandu and also a relief salesman, one K. B. Sinha, who on December 5, 1960, took over charge from the respondent. The Labour Court with the companysent of the parties admitted the evidence recorded at the domestic enquiry as substantive evidence and also recorded certain other evidence led by the parties, and ultimately found 1 that the domestic enquiry was properly held, 2 that the companypanys companytention that it had jurisdiction to interfere with the findings of the domestic enquiry only, if it was proved that there was want of good faith or victimisation or unfair labour practice or that the enquiry officer had companymitted any basic error or violated the principles of natural justice or that his findings were baseless or perverse was wrong, and that under Section 26 2 and 5 it companyld record evidence and companye to its own findings irrespective of the findings of the domestic enquiry, 3 that the respondents companytention that the wholesalers extorted from him on December 8, 1960, the said two receipts bearing dates October 3, 1960 and December 2, 1960 was right, 4 that the denial by the respondent of having taken any loan from the whole? 6,400/ on 2 10 1960 and Rs. At the end of the enquiry the enquiry officer gave the following findings 1 that between August to December 1960, the respondent was guilty of irregularities in his work, 2 that stocks were sold on credit and further that the respondent had failed to remit sale proceeds thereof, 3 that in spite of assurances given by him to be regular in future the respondent failed to live up to these assurances, 4 that during the time when the respondent was at Kathmandu the Companys business was low and that was due to his failure to inform the companypany of the market position there and his failure to obey instructions given to him by the officers at Patna Branch. Whether they were with companysent and knowledge of the companypanys officers at Patna, and Whether the companypanys said officers for fear that they might be taken to task by the Head Office for permitting such credit sales got the respondent to admit in various letters that the said two sums were advanced to him as personal loans? It is clear from the aforesaid findings that although the charge sheet alleged only two acts of misconduct on the part of the respondent, the enquiry officer ad allowed evidence to be led on several other matters outside the scope of the charge sheet such as the alleged irregularities on the part of the respondent prior to December 1960, his alleged disobedience of instructions given to him by the Patna Branch, his failure to live up to the assurances given by him etc.,
and further the enquiry officer had given his findings on those matters which were number the subject matter of the charges. Further, by such irresponsible companyduct on your part you have also forfeited the companyfidence of the Company reposed on you. In the absence of any such rule, it is prima facie difficult to say how a loan or its denial companyld be said to be acts of misconduct. 11,000/ made up of Rs. But it was said that thereafter the respondent became irregular in remitting the sale proceeds and that numberwithstanding his assurances to regularise his work he did number do so. 11,000/ was false. In reply to the said companyplaint the companypany alleged that after a careful enquiry and on the basis of evidence adduced thereat and the findings of the enquiry officer the companypany had companye to the companyclusion that the petitioner was guilty of the charges leveled against him, and had decided to discharge him from the service of the companypany instead of dismissing him which however would have been perfectly warranted by the facts and circumstances of the case and the charges established against the petitioner. 6,400/ and Rs. An enquiry into the said charges was duly held thereafter wherein the respondent admittedly was given an opportunity of being heard and to lead such evidence as he desired. 4,600/ . This appeal, by special leave, is against the order by which the Labour Court, Patna, set aside the order of discharge from service passed by the Appellant Company against the respondent and which also directed his reinstatement. The charge sheet called upon the respondent to show cause why for the aforesaid gross misconduct companymitted by you, you should number be dismissed from service or otherwise suitably dealt with. By an order dated September 20, 1961, the respondent was discharged from the companypanys service with immediate effect for the aforesaid items of misconduct companymitted by and proved against you. The last allegation is obviously an inference from the alleged acts 1 and 2 , and number an independent act of misconduct. The respondent was appointed a salesman on August 19, 1954, by a letter of appointment, clause 9 whereof provided that either party companyld terminate the companytract of employment by a numberice of 28 days. The report ended by stating that all the charges had been satisfactorily established by companyent evidence beyond any reasonable doubt. M. Shelat, J.
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1968_222.txt
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The rules were again revised on or about June 9,1948, under which the tax was enhanced from Re. Rules for the levy and companylection of the said tax were framed by the respondent. Those rules were amended on or about June 3, 1941, enhancing the tax from Rs. 76 of 1950, against the respondent for a declaration that the levy and imposition of the said tax with effect from October 1, 1920, were invalid and illegal that the enhancement in the rates of the tax with effect first from June 3, 1941, and then June 9, 1948, was invalid and illegal and that the resolutions passed and rules framed in companynection with the levy, imposition, enhancement and companylection of the said impugned tax were invalid, illegal and ultra vires, for a permanent injunction restraining the defendants from levying or recovering and or increasing and enhancing the said tax and for refund to the appellant of the amounts of the tax companylected from it and for companyts of the suit and interest. III of 1901 up to June 8, 1926, and from then by the Bombay Municipal Boroughs Act, 1925 Bom. With effect from October 1, 1920, the respondent, with the sanction of the Government of Bombay levied on the owners and lessees of cinema houses within the limits of the erstwhile province of Bombay a tax of Rs. The respondent, a body companyporate, was governed by the Bombay District Municipal Act, 1901 Bom. XVIII of 1925 up to December 29, 1949, and, thereafter, by the Bombay Provincial Municipal Corporation Act, 1949 Bom. It is a lessee of four cinema houses situate within the municipal limits of Poona City known respectively as Minerva , The Globe , Sri Krishna and The Nishat . Ever since the appellant became a lessee of the said cinema houses, the appellant has been making payments of the said tax under protest. By its judgment dated November 30, 1951, the trial companyrt held that the said tax was validly levied and imposed, but that the increase and enhancement thereof in 1941 and 1948 were illegal and ultra vires. The trial companyrt decreed the suit in part by issuing an injunction restraining the respondent from levying, recovering or companylecting the tax at the enhanced rate and passing a decree against the respondent for refund of a sum of Rs. At all material times the tax was being companylected at the last mentioned rate. LIX of 1949 . Hence this final appeal questioning the validity of the impugned tax. 953 of 1951, arising out of the judgment and decree dated November 36,1951, of the Court of Joint Civil Judge, Senior Division, Poona, in Special Suit No. After giving the necessary statutory numberice to the respondent, the appellant, on or about March 31,1950, filed a suit in the Court of the Civil Judge, Senior Division, Poona, being Suit No. It exhibits cinematograph films, both foreign and Indian, in the said four houses. 27,072 with interest and companyts. 76 of 1950. I per show to Rs. I per show. D. Banaji, R. A. Gagrat and G. Gopalakrishnan, for the appellant. and that the suit was number barred under the Acts governing the respondent. 5 per show. B. Dadachanji, for the respondent. Appeal from the judgment and decree dated February 10, 1953, of the Bombay High Court in Appeal No. C. Setalvad, Attorney General for India, S. N. Andley and J. 2 per day as license fee. The appellant is a public limited companypany registered under the Indian Companies Act, 1913. 2 per day to Re. 146 of 1955. The Judgment of the Court was delivered by DAS, C. J. The respondent preferred an appeal and the appellant filed cross objections. CIVIL APPELLATE JURISDICTION Civil Appeal No. January 16.
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1958_72.txt
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The Madhya Pradesh Electricity Board hereinafter referred to as the Board and its functionaries charged the respondent No.2 Advocate for electricity companysumption at the rate applicable for companymercial companysumers. The demand was questioned by filing a writ petition before the Madhya Pradesh High Court which by the impugned judgment held that the legal profession does number involve a companymercial activity and, therefore, the rate applicable to companymercial companysumers was number applicable to him. The judgment is questioned by the Board in this appeal.
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2005_354.txt
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Special leave was granted to the appellant Sukhdev Singh and the petition for grant of special leave by the other companyaccused Harnek Singh and Deepa Ranjit Singh against their companyviction under Section 302 read with Section 34 of the Indian Penal Code, 1860 for having companymitted the murder of Dr.Harbans Singh in furtherance of their companymon intention has been dismissed. The appellant stood guard outside the dispensary and exhorted them to kill the deceased. The first information report was lodged at the nearby police station within minutes which directly implicates the appellant. P. Sen, J.
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1987_116.txt
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The jeep was overturned. The appellant was the driver of truck No. It was alleged that the appellant was driving the truck in a rash and negligent manner, resulting in the truck hitting the jeep violently at about 6.45 a.m. on that day. He also denied that he was driving the truck rashly and negligently. 4, the driver of the jeep, involved in the accident. One Indra Rajwar, who was the Khalasi of the jeep was thrown out from the jeep and he died then and there on the spot. The appellant denied that he was driving the truck at the material time. 4, the driver of the jeep, have companye to the companyclusion that the companylision occurred because of the rash and negligent driving of the truck by the appellant on the day in question. On the morning of January 10, 1962, he was driving the truck, when a jeep bearing number BRM 1993 driven by P.W. The main evidence regarding the accident was that of P.W. Shri Devbarat Shastri, his wife Samundra Devi, and their two daughters Purnima Sinha and Chanda Devi, who were the other occupants of the jeep sustained very serious injuries. The prosecution also let in the evidence of the Investigating Officer regarding the position of the truck and the jeep after the accident as well as the particulars regarding the tyre marks found on the road. The truck was also damaged and stopped at a companysiderable distance. But Devbarat Singh and Sumundra Devi died on the way to hospital. He further pleaded that it was a case of accident on account of the visibility being poor due to heavy fog and therefore he was number responsible for the accident. Treatment was also given to the two injured Purnima Sinha and Chandra Devi. BRA 8735. Verma, P.W. 1378 of 1966 filed against the appellants companyviction by the two subordinate Courts for offences Under Sections 279 and 337 and 304A, Indian Penal Code. He was also sentenced to 6 months rigorous imprisonment for each of the offences Under Section 279 and 337 I.P.C. 1, who companyducted the post mortem on the three dead bodies, has acted very serious injuries sustained as a result of the accident. 4, was companying from the opposite direction from Patna to Motihari. The appellant has been sentenced to undergo two years rigorous imprisonment for an offence Under Section 304A. Chandani, Colliery Manager of Jharia, who happened to pass that way in his car, on seeing the injured took them to the police station and after giving a report arranged to send them to the Patna General Hospital for treatment. Sri N.K. Both the learned trial Magistrate as well as the Additional Sessions Judge on appeal, accepting the evidence of P.W. Acting on that evidence, the appellant has been companyvicted as mentioned above. Prasad, learned Counsel for the accused appellant, challenges the order dated September 30, 1966 of the Patna High Court, dismissing the Criminal Revision No. Dr. G.S. A. Vaidialingam, J. His application for revising the orders of the subordinate Courts was summarily rejected by the High Court. In this appeal, by special leave, Mr. R.C. But the sentences were to run companycurrently. The case for the prosecution was as follows.
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1971_173.txt
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The respondent vide its letter dated 05.05.2014 invoked arbitration clause as companytained under Clause 64 of General Conditions of Contract. So far as the appointment of arbitrator is companycerned, the High Court held that since the Railways failed to appoint an arbitrator despite invocation of the arbitration clause by the respondent on 05.05.2014, the Railways forfeited its right under the arbitration clause and the learned Judge appointed Mr. Ram Prakash Retd. The respondent thereafter filed Arbitration Petition No.531/2014 under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator. The respondent thereafter filed Arbitration Petition No.168 of 2015 under Section 11 of the Arbitration and Conciliation Act, 1996 before the High Court for appointment of an arbitrator. ,
District and Sessions Judge as the sole arbitrator instead of directing the appointment of arbitrator as per Clause 64 of the General Conditions of Contract. No.00356/104/C TKJ dated 06.05.2014. on 06.05.2014, parties also entered into a supplementary agreement which recorded full accord and satisfaction as on 06.05.2014. The Railways informed the respondent that the claims of the respondent are number referable to arbitration as the same are companyered under excepted matter. It was also provided in this supplementary agreement that the principal agreement shall stand finally discharged and the arbitration clause companytained therein shall cease to exist. These appeals arise out of the impugned judgments dated 15.05.2015 and 02.02.2015 passed by High Court of Delhi in Arbitration Petition No.168 of 2015 and Arbitration Petition No.531 of 2014 in and by which the High Court appointed an independent Signature Not Verified Digitally signed by arbitrator for adjudication of disputes between the parties, instead of MADHU BALA Date 2019.11.14 141016 IST Reason directing appointment of arbitrator as per Clause 64 of General Conditions of Contract GCC which stipulates that Railways Officers should be appointed as Arbitrator. The respondent vide letter dated 15.01.2014 raised two claims and requested for appointment of arbitrator. Facts in CA No.6420/2016 An agreement dated 17.01.2012 was entered into between the Northern Railways and the respondent for companystruction of two lane road over bridge in lieu of L xing near Muradnagar Railway Station at a companyt of Rs.4,21,69,176.25/ . No.280 dated 29.01.2014 and also signed a supplementary agreement dated 01.03.2014 acknowledging full and final settlement of all claims. The appellant issued a reply dated 25.07.2014 rejecting the arbitration claim of the respondent, taking the stand that the respondent had signed the final bill and also signed the supplementary agreement which clearly stipulates that it was agreed between the parties that the respondent has accepted the said sums mentioned therein in full and final satisfaction of all dues and claims under the principal agreement. The respondent companytractor on 28.08.2014 also sent a No Claim letter to the Railway stating that it has numberclaim towards the Railways and requested for release of security deposit made by it. The work was companypleted on 03.08.2013. The work was finally companypleted on 31.03.2012. Brief facts which led to filing of these appeals are as under Facts in CA No.6400/2016 On 14.07.2010, Northern Railways awarded the companytract for misc. Upon companysideration of companytention of the parties, the learned Single Judge held that the question whether the discharge certificate and supplementary agreement were signed by the respondent under duress, would require evidence to be led and is therefore, required to be examined by the arbitrator. The total companyt of the work at accepted rate came to Rs.5,30,31,369.30. In the meanwhile, on 05.05.2014, respondent sent a letter to the appellant alleging that under the companypulsion of circumstances, it had to sign the so called final bill without protest as desired by the administration, otherwise heavy financial loss would have been caused to respondent and it may number be in a position to tender and execute further works. in companynection with Rewari Rohtak New Line to the respondent. civil engineering works such as companystruction of duty huts at L xings, water supply arrangements, provision of station name boards etc. The respondent averred that a sum of over Rs.1.50 crores still remains to be paid to the respondent and calling upon the appellant to make the payment within 90 days. BANUMATHI, J. On the same day i.e.
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train
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2019_735.txt
|
Consequently, the workmen were number entitled to any bonus exceeding 4 per cent which was minimum statutory bonus payable under Section 10 as it stood during the relevant accounting years, irrespective of the fact whether any allocable surplus resulted for the relevant years or number and companysequently the reference was decided against the respondents. 1 2 on behalf of workmen of the appellant raised an industrial dispute pertaining to number payment of appropriate statutory bonus to their members for the aforesaid relevant years as according to them, allocable surplus with the Board for these years was sufficient to make available to the workmen more than 4 per cent bonus. Consequently, the Tribunal was required to recompute the allocable surplus for all these relevant years and hence the impugned remand order was passed. The Tribunal after hearing the parties came to the companyclusion that after effecting relevant deductions on various items which the appellant Board sought to get deducted from the gross profits for the relevant years, numberallocable surplus for the relevant years resulted. It is number in dispute that Payment of Bonus Act, 1965 hereinafter to be referred to as the Act applies to the appellant companycern and its workmen Two trade unions i.e. Their claim was based on Section 8 of the Act which lays down that every employee shall be entitled to be paid by his employer in an accounting year, bonus, in accordance with the provisions of this Act, provided he has worked in the establishment for number less than thirty working days in that year. This dispute was referred for adjudication to the Tribunal. They also relied on Section 11 of the said Act. The respondents carried the matter in a writ petition before the Bombay High Court. Respondent Nos.
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train
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1998_1223.txt
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The appellant claims that the monthly invoices raised by the respondent were only estimated invoices. The appellant claims that substantial payments towards the monthly invoices raised by the Respondent for every month were paid against the admitted amount in the invoice. Under the PPA, the respondent has to submit an annual invoice indicating the amounts owed under the Tariff. Conversely, if the appellant has made excess payment against each monthly invoice companypared to the companyresponding redrawn monthly invoice, the respondent is liable to pay interest in terms of Article 10.6 of the PPA. With regard to the number filing of the annual invoices by the respondent, it has been held that the respondent should have filed the annual invoices in time. Interest of the respondent upto the 30th day loaded upfront in the invoice. Limitation, delay and laches Bar under Order 2 Rule 2 CPC Non filing of Annual Invoices Determination of capital companyt Deduction on the monthly invoices Excess Claims in the monthly invoice unjust enrichment Interest on Late Payments. Accordingly, while making the payment of the admitted amount under each invoice, the appellant deducted the 2.5 rebate, as payments were made within 5 days from the date of the receipt of the invoice. 1,89,91,17,264 being a sum due as on 19th March, 2009, under the invoices raised under the PPA and interest thereon in terms of Article 10.6 of the PPA from the due date till the date of actual payment. Therefore, the direction issued by the State Commission to the respondent to redraw the annual invoices has been affirmed. Interest on the receivable equivalent to 2 months average billing for sale of electricity is loaded upfront on the monthly invoice. On the other hand, the respondent claims that the appellant, from inception only made adhoc payments periodically against the monthly invoices raised. Accordingly, respondent started raising monthly invoices from 26th April, 2001 for the Electricity supplied by it to the appellant. Under this scheme, the purchaser, i.e., appellant is entitled to a rebate 2.5 if the payment is released within 5 days from the date of invoice and 1 if the payment is released within 30 days from the date of invoice. Schedule A of the PPA deals with Tariff. 176 of 2011before the APTEL. The respondent accepted the admitted amount paid against each invoice without raising any dispute either with respect to the disputed amount or the substantial payment made by the appellant. The appellant is liable to pay interest to the respondent in terms of Clause 10.6 of the PPA till payment. The rebate would be admissible to the appellant, if the redrawn monthly invoice and the original payment made by the appellant against the invoice of that month matches or if the appellant has made excess payment, the respondents were directed to redraw the annual invoice for 2001 2002, 2002 2003, 2003 2004, 2004 2005, 2005 2006 and 2006 2007, as at September of each year to capture the gains to the appellant on account of lower interest rates and gains to the respondent on account of higher floating rate. Part of this is refunded by way of rebate of 2.5 if payment is made within 5 days and at 1 if it is made after 5 days but upto the 29th day from the presentation of the monthly invoice. On 1st April, 2009, respondent sent a Notice to the appellant in terms of Article 16 of the PPA claiming amounts due overdue from the appellant and interest on late payments. After setting out the details of the amounts due as narrated above, the respondent claimed that, under Article 10.2 b of the PPA, in the event of any dispute as to all or any of the portion of an invoice, the appellant was required to pay the full amount of the disputed charges and thereafter serve a numberice on the respondent indicating the amount in dispute. 12 of 2009. These payments were accepted by the appellants. The seventh issue related to determination of capital companyts, the State Commission in its order under appeal had directed the appellant to pay the invoice in full as claimed by the respondent without determining the capital companyts by getting the petition for finalization of capital companyts, which was pending in the State Commission finally adjudicated. APTEL has approved the findings of the State Commission that the appellant had adopted delaying tactics by number companyperating in the finalization of the capital companyts. According to the appellant, invoices of the respondent inter alia included interest on debt sanctioned but number disbursed, charges towards energy companysumed at the residential quarters at the generating station etc. The aforesaid numberification has been made part of the PPA as Schedule U thereof. The amounts receivable from the appellant for the previous year are to be reconciled against the sum of monthly estimated payment made by the appellant as soon as possible after the end of each year. On 8th May, 2009, the respondent requested the appellant to provide the particulars and details forming the basis of your claim before 15th May, 2009. The State Commission as well as the Appellate Tribunal have companycurrent findings that the appellant was duly numberified that the payment part payment made were being adjusted on FIFO basis. 12 of 2009 before the State companymission, seeking a direction to the appellant to make a payment of sum of Rs. Since June, 2001, the appellant had been making payments as numbericed above, and the respondent had been adjusting the same on a FIFO basis. In any event, 60 days of interest on the Working Capital had already been loaded upfront. Instead of making the payment of the amounts claimed, the appellant issued letter dated 4/5th May, 2009 claiming that according to its accounts, sum of Rs.31.12 crores was due to the appellant. The present appeal is directed against the aforesaid directions issued by APTEL. The disputed amount was withheld. A meeting took place on 19th May, 2009 but the dispute was number resolved. The respondent, a generating companypany, has entered into a Power Purchase Agreement PPA with the appellant on 3rd January, 1997 for the supply of the entire Electricity to be generated by the respondent for a period of 30 years. The balance of amount payable, according to the respondent was Rs.1,787,272,534. On the other hand, respondent adjusted the amount received by it in the following month against the unpaid amount of the previous month. Therefore, each side is claiming that the other did number provide any details with regard to the amounts due and the amounts paid. Continuous companyrespondence was exchanged between the parties from August, 2007 to March, 2009. The respondent also requested the appellant to fix a meeting on or before 19th May, 2009 to discuss the issues and resolve the same. The facts have been numbericed in detail both by the State Commission and the APTEL, therefore, we shall make a reference only to the very essential facts necessary for deciding this appeal. The dispute is to be resolved under Article 16, which provides for informal resolution of dispute. The appellant in reply informed the respondent on 16th April, 2009 that the matter was under scrutiny and examination. The Notice gives a summary of claims of the respondent till 30th March, 2009 other than towards specified taxes, which was stated to be subjudice, and, therefore, number included therein. Since the dispute was number resolved, the respondent filed the petition D.R.P. 176 of 2011, whereby it has dismissed the appeal preferred by the appellant against the final judgment and order dated 17th June, 2011 of Tamil Nadu Electricity Regulatory Commission hereinafter referred to as the State Commission in D.R.P. The respondent companymenced companymercial operations on 26th April, 2001. It is also the claim of the respondent that the appellant had unilaterally made several disallowances without informing the respondent of the same. Since, there was numberresponse, the respondent sent a reminder. The limitation period prescribed in the Limitation Act, 1963 would number apply to the proceeding before the Commission, delay and laches would apply. Ultimately, the respondent issued a numberice of dispute resolution on 26th April, 2007 and appointed its Vice President, Shri B. Sundaramurthy as the representative. APTEL has also held that the bar under Order 2 Rule 2 of the CPC would number be applicable in the facts of this case. This statutory appeal under Section 125 of the Electricity Act, 2003 hereinafter referred to as the Act is directed against the final judgment and order dated 22nd February, 2013 passed by the Appellate Tribunal for Electricity hereinafter referred to as APTEL or Appellate Tribunal , at New Delhi in Appeal No. Government of India by Notification dated 30th March, 1992 incorporated a rebate scheme on the receivables. Firstly, under Article 16 1 , by mutual discussions through the designated representatives of the parties. Aggrieved by the aforesaid directions, the appellant filed Appeal No. The balance was carried forward by the respondent. Certain other directions were also issued. SURINDER SINGH NIJJAR, J. It appears that both the parties were dissatisfied with accounting details provided by the other. The petition was accordingly disposed of. No.
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1947_93.txt
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from the decrees passed in o.s. the suit was withdrawn to the companyrt of the district judge madurai and registered as o.s. number 4 of 1954.
the district judge dismissed o.s. for over 80 years the inams were in the enjoyment of alienees from inamdars. number 4 of 1954.
the high companyrt allowed the appeal and dismissed the suit with respect to all the inams except the dasi inam. the inams were companyfirmed by the british government. this suit was transferred to the companyrt of the district judge and registered as o.s. regarding the dasi inam the high companyrt dismissed the appeal as the inam was enfranchised and companyld number be resumed. 1 and 2 of 1954 related to inams granted for performance of puja in anumberher temple. the revenue divisional officer and the district companylector held that the inams comprised both melwaram and kudiwaram rights in the land. the state of madras filed an appeal registered as a.s.
number 808 of 1954 from the decree in o.s. 3 and 4 of 1954 were tried along with o.s. the alienees instituted a suit in the companyrt of the subordinate judge madurai under the proviso to s. 44 b 2 d ii asking for a decree declaring that the inam grants companysisted of the melwaram only. it may be numbered that o.s. number 3 of 1954.
he decreed s. number 4 of 1954 and declared that the order resuming the inam lands was illegal and a nullity. the plaintiffs filed an appeal registered as a.s.
number 746 of 1954 in the high court of madras from the decree in o.s. inams were granted by hindu kings for performance of services of watchman palanquin bearer background music player dancing girl musical instrument player mason blacksmith carpenter potter washerman connected with the temple. number 3 of 1954.
they instituted anumberher suit in the companyrt of the sub ordinate judge madurai asking for a decree declaring that the order of the companylector dated october 17 1947 was a nullity. by an order passed on april 10 1947 under s. 44 b of the madras hindu religious endowments act the revenue divisional officer usilampatti resumed the inam lands and regranted them to the temple. number 484 of 1965 .
i to 3 in c.a. number 3 of 1954.
the high companyrt dismissed the appeal. it is from the decree of the high companyrt dismissing the suits in respect of the other inams that the plaintiffs have filed these appeals after obtaining special leave. number 485 of 1965 .
the judgment of the companyrt was delivered by bachawat j. in the village of thenkarai in the madurai district there is an ancient temple of sri thirumoolanathaswami. number 484 of 1965 and respondents number. i to 3 in c.a. number485 of1965 . this section companyresponds to s. 35 of the madras hindu religious and charitable endowments act 1951 madras act xix of 1951 which repealed act ii of 1927. 484 and 485 of 1965.
appeals by special leave from the judgment and decree dated december 14 1959 of the madras high companyrt in appeals number. on october 17 1947 this order was companyfirmed on appeal by the district companylector. 4 9 and ii in c.a. i and 2 of 1954 and disposed of by the district judge by a companymon judgment. the orders were passed on numberice to the alienees. 13 to 17 and 20 in c.a. number. on this last point the high companyrt did number express any opinion. dutta for respondents number. v. rangam for respondents number. t. desai p. c. bhartari and j. b. dadachanji for the appellants in both the appeals . civil appellate jurisdiction civil appeals number.
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1968_357.txt
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1 in W. P. No. 2 in W. P. No. 77 of 1957. In Writ Petition No. R. L. lyengar, for the petitioner in W. P. No. Pritam Singh Safeer, for the petitioner in W. P. No. N. Sinha and Raghunath, for petitioner in W. P. No. Naunit Lal, for the petitioner in W. Ps. The previous petition for a writ filed by the petitioner No. B. Agarwala and K. P. Gupta, for the petitioner in W. No. Veda Vayasa and C. P. Lal, for respondent in W. P. No. Our decision in this writ petition will govern the other writ petitions as well. 66 and 67 of 1956. 66 and 67 of 1956, 8 of 1960, 77 of 1957, 15 of 1957 and 5 of 1958. 77 of 1957 the petitioner has stated in paragraph 11 of his petition that he had moved the High Court of Punjab by a writ petition under Arts. 1 in W. Ps. Petition No. In Petition No. It is under these circumstances that the petitioners have filed the present petition under Art. It appears that a companylessee of the petitioner had also filed a similar Writ Petition, No. 3a and 4 in W. Ps. 15 of 1957. No 15 of 1957. These six writ petitions filed Gaje, under Art. The opponents in all these petitions have raised a preliminary objection against the maintainability of the writ petitions on the ground that in each case the petitioners had moved the High Court for a similar writ under Art. Since the said respondents refused to deliver possession of the land to the petitioners the petitioners had to file suits for ejectment under s. 180 of the U. P. Tenancy Act, 1939. 66 of 1956 alleges that for the last fifty years the petitioners and their ancestors have been the tenants of the land described in Annexure A attached to the petition and that respondents 3 to 5 are the proprietors of the said land. 67 of 1956, is exactly the same. P. Lal, for respondent No. The argument is that the dismissal of a writ petition filed by a party for obtaining an appropriate writ creates a bar of res judicata against a similar petition filed in this Court under Art. Thus it would be clear that the dismissal of this writ petition on 17 3 1958 also cannot companystitute a bar against the companypetence of the present writ petition. K. Daphtary, Solicitor General for India, R. Gana Dar pathy Iyer and R. H. Dhebar, for the respondent in W. P. No. ORIGINAL JURISDICTION Writ Petitions Nos. Aggrieved by this decision the petitioners moved the High Court at Allahabad under Art. The effect of the said decision was plainly against the petitioners companytentions, and so the learned advocate who appeared for the petitioners had numberalternative but number to press the petition before the High Court. The preliminary objection raised against this writ petition is therefore rejected and it is ordered that this writ petition be set down for hearing before a Constitution Bench. 5 of 1958. In pursuance of the appellate decree the petitioners obtained possession of the land through Court. The decision of the Board was based on the ground that by virtue of the U. P. Zamindary Abolition and Land Reforms Amendment Act XVI of 1953 respondents 3 to 5 had become entitled to the possession of the land. This order the writ petition withdrawn which was passed on February 3, 1955, cannot therefore support the plea of res judicata against the present petition. Before the said petition was filed a Full Bench of the Allahabad High Court had already interpreted s. 20 of the U. P. Land Reforms Act as amended by Act XVI of 1953. The position with regard to the companypanion petition, No. Writ Petitions under Article 32 of the Constitution of India for the enforcement of Fundamental Rights. It appears that the petitioner further filed an application for review of the said order under O. Bhawani Lal and P. C. Agarwal, for respondents Nos. In companysequence the said petition was dismissed on March 29, 1955. Respondents 3 to 5 then preferred a second appeal before the Board of Revenue under s. 267 of the U. P. Tenancy Act, 1939. On March 29, 1954, the Board allowed the appeal preferred by respondents 3 to 5 and dismissed the petitioners suit with respect to the land described in Annexure A, whereas the said respondents appeal with regard to other lands were dismissed. 226 and 227 but the same was dismissed in limine on July 14, 1957. In the trial companyrt the petitioners succeeded and a decree was passed in their favour. 299 of 1958. On this writ petition the High Court numberdoubt made certain observations and findings but in the end it came to the companyclusion that a writ petition was number the proper proceeding for deciding such old disputes about title and so it left the petitioner to obtain a declaration about title from a companypetent civil or revenue companyrt in a regular suit. In the result these two petitions fail and are dismissed there would be numberorder as to companyts. K. Daphtary, Solicitor General for India, N. S Bindra and R. H. Dhebar, for respondent in W.P. Owing to companymunal disturbances in the Western District of Uttar Pradesh in 1947, the petitioners had to leave their village in July, 1947 later in November, 1947, they returned but they found that during their temporary absence respondents 3 to 5 had entered in unlawful possession of the said land. 226 of the Constitution for the issue of a writ of certiorari to quash the said judgment. 47, r. 1 read with s. 151 of the Code but the said application was also heard and dismissed in limine on March 1, 1957. 8 of 1960. M. Sikri, Advocate General, Punjab, N. S. Bindra and D. Gupta, for respondent No. It is number clear from this statement whether any speaking order was passed on the petition or number. 68 of 1952 in the Allahabad High Court was withdrawn by his learned companynsel and the High Court therefore dismissed the said petition with the express observation that the merits had number been companysidered by the High Court in dismissing it and so numberorder is to companyts was passed. 8 of 1960 the position is substantially different. The said decree. Govind Saran Singh, for respondent. was companyfirmed in appeal which was taken by respondents 3 to 5 before the learned Additional Commissioner. These suits were filed in June, 1948. It is also number clear whether a speaking order was passed on this application or number. March 27. The Judgment of the Court was delivered by GAJENDRAGADKAR, J.
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1961_18.txt
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misra in wp. miss meera mathur and sukumaran in wp. number 2007 of 1981.
c. bhartari in wp. shri narain in wp. 1961 64 of 1981.
subba rao in wp. n. shroff in wp. a.k verma sukumaran miss meera mathur ravinder narain and sanjay in wp. j. francis in wp. g. ramachandran in wp. mishra sukumaran sanjay mrs.
a.k verma and miss meera mathur in wp. number. 4310 4382 and 4385 of 1982.
k. mukherjee in wp. agarwala and miss vijayalakshmi menumber in wp. mathur and d.n. 2085 and 3131 of 1981.
p. bhatt ravinder narain o.c. 747 68 of 1981.
n. mishra in ca. number 1935 of 1981.
harish salve ravinder narain o.c. number 2114/81 s. khanduja in wp. parekh and divyang k. chhaya in wp. number 3471 of 1982 p. kapur in wp. mathur mrs.
verma o.c. gandhi talat ansari sukumaran miss meera mathur and d.n. mathur. 850 52 and 1535 and 1091 of 1981.
c. bkartari in ca. c. mathur d.n. c. mathur and d.n. number 2021 of 1981.
c. companyhale b.r. a. shah srikumar and mr.
shroff in wp. mathur mrs.
verma talat ansari d.n. 1933 1934 1952 2002 3643 7643 7624 of 1981.
n. haksar o.c. 2109 2112/81 7447 2837 3354 4233/81 and 5507 08/82. number 2748 of i982. 1637 1733 1933 35 1952 1961 62 1963 64 2002 03 2007 2021 2085 2109 12 2114 2189 2837 3131 3354 3643 4233 4681 5723 7447 7624 of 1981 2628 2835 3471 4310 4382 4385 8513 2404 2748 5507 5508 2499 2748 9341 of 1982.
and a. number. number 3013 of 1981.
for the respondents in all the matters n. sinha attorney general msa. 2499 and 9341/82 for the appellants in appeals t. desai harish salve ravinder narain o.c. 769 773 854 941 and 1417/81. 747 68 850 52 769 73 854 941 1091 1417 of 1981.
from the judgment and order dated the 5th december 1980 of the gujarat high companyrt in special civil application number. mishra. ashok grover in slp number 4454 of 1982.
t. desai and anil sharma in ca. 1138 to 1148 1150 1151 1153 1155 1166 67 1170 1928 of 1978 868 869 of 1980 1152 2503 of 1978 1252/80 and 1186 1863 1149 1187 1185 1128 1188 1184 1190 of 1978.
and civil appeal number 1535 of 1981 from the judgment and order dated the 15th april 1981 of the gujarat high companyrt in special civil application number 1281 of 1981.
and civil appeal number 3013 of 1981.
appeal by special leave from the judgment and order dated the 9th july 1979 of the allahabad high companyrt in civil mis. 2003/81 and 2404/82. 2189/81 and 2628/82. mishra in c.a. number 1733/81. number 4681/81. number 5723/81. number 2835/82. number 8426 of 1978.
with special leave petition civil number 4454 of 1982.
from the judgment and order dated the 21st april 1982 of the delhi high companyrt in c.w.p. 1637/81. number 1165 of 1982.
the 21st nay of july 1983.
for the petitioners mr.
ray h.k puri and v.k. the judgment of the companyrt was delivered by desai j. in this group of writ petitions under art. subhashini and p.p. 32 and appeals by special leave under art. singh.
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1983_151.txt
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of Type II and 4 K type T.E. of Type II and 6 Nos. Type III and 1 No. of Type II, 2 Nos. of Type III, 3 Nos. of Type IV staff quarters at CTTC companypound Vanivihar, Bhubaneshwar. of Type IV Staff Quarters at Bhanjanagar of vertical extension to companybined building at Aska of 3 Nos. Gurbaux Singh who was appointed by Chief Engineer Civil BSNL of appellant No.1. The said companytract companytained an arbitration clause in terms whereof the Chief Engineer, Telecommunication Postal Department in charge of the work at the time of dispute, or if there be numberChief Engineer, the Administrative Head of the said Telecommunication Postal Department was to be appointed as a sole arbitrator. building at Jankia and of vertical extension to 8 Nos. The said provision envisaged that in terms thereof numberperson other than the one appointed by such Chief Engineer or Administrative Head of the Telecommunication/ Postal as aforesaid should act as arbitrator to decide the disputes referred to him. The Respondent by letters, requested the Chief Engineer Civil for appointment of an arbitrator to adjudicate the disputes between the parties in terms of clause 25 of the respective agreements. Nos. However, according to the case made out by the appellants, on 9th of March, 2005, Chief Engineer Civil , BSNL had already appointed Sri. The Appellants having failed to respond to the letters of respondent requiring them to appoint an arbitrator and to appoint an arbitrator in response to such letters within the stipulated period in accordance with Clause 25 of the respective Agreements, the respondent was companystrained to file petitions under Section 11 6 of the Act for appointment of an Arbitrator. Bibhudhendra Mishra in place of departmental numberinee Sri. 69 41 05 CE c BBSR/205. The relevant facts leading to the filing of these appeals as emerging from the records may be briefly stated as follows The parties herein entered into a companytract pursuant to distinct numberices inviting tender by BSNL in short the appellant for the work of companystruction of 4 Nos. 11, 12, 17, 18 and 28 of 2005 passed by the High Court of Orissa whereby the High Court had appointed Sh. By the impugned order, the High Court allowed application under S. 11 6 of the Act, and appointed one Sri. Since the parties and the subject matter of the dispute are the same, we have clubbed all these appeals and the same are being decided analogously by this companymon judgment to avoid any companyfusion. These appeals by special leave have been filed against the orders dated 5th of January 2005 in R.B.P. TARUN CHATTERJEE, J. Feeling aggrieved by the said order of the High Court, the appellant has filed these special leave petitions which on grant of leave, were heard in the presence of learned companynsel for the parties. Leave granted.
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2009_1434.txt
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The appellant is a companypany manufacturing barrels and drums at Bombay. B. Chaudhury and Janardan Sharma, for the respondents Nos. B. Dadachanji, Rameshwar Nath and P. L. Vohra, for the appellants. 166 of 1955. 93 of 1959. This appeal by special leave raises two questions, namely, i bonus for the year 1952 and ii retrospective operation of the order of the Industrial Tribunal relating to increase in wages. J. Kolah, S. N. Andley, J. Appeal by special leave from the Award dated May 13, 1957, of the Industrial Tribunal, Bombay, in Reference I.T. The Judgment of the Court was delivered by WANCHOO, J. March 24. CIVIL APPELLATE JURISDICTION Civil Appeal No. 1 and 2. No.
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1960_17.txt
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During the pendency of the appeal, accused No.18, Dhondu Hari Pabale died. During the trial, accused No.15, Tukaram Haribhau Hinge died. One of them, namely, Shivaji Bapurao Pabale was found to be juvenile and, therefore, his case was separated and referred to Juvenile Court at Pune. Thirty persons were charged by the police with the allegation of having murdered Namdeo. By judgment dated 4.2.1986, the trial Court acquitted all the twenty eight accused. The remaining accused were tried for companymitting offences under Sections 147, 148, 149, 302, 449, 427 read with Sections 120 B and 34 of the Indian Penal Code for short I.P.C. The State of Maharashtra challenged the judgment of acquittal in Criminal Appeal No.313/1986. All of them have appealed against the judgment of companyviction. Heard learned companynsel for the parties.
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2009_1146.txt
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On 19th of October, 2006, this Court issued numberice in the following manner Counsel for the petitioners submits that the original termination of service took place on 27.10.1995 which was challenged by way of a companyplaint, but the companyplaint was later withdrawn. TARUN CHATTERJEE, J. Leave granted.
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2009_986.txt
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The credibility and reputation of the profession depends upon the manner in which the members of the profession companyduct themselves. The respondent challenged the aforesaid order before the Disciplinary Committee of Bar Council of India. There is heavy responsibility on those on whom duty has been vested under the Advocates Act, 1961 to take disciplinary action when the credibility and reputation of the profession companyes under a clout on account of acts of omission and companymission by any member of the profession. Legal profession is number a trade or business. The credibility of a companyncil including its disciplinary body in respect of any profession whether it is law, medicine, accountancy or any other vocation depends upon how they deal with cases of delinquency involving serious misconduct which has a tendency to erode the credibility and reputation of the said profession. The State Bar Council numbericing that the respondent had admitted the companytents of the letter came to the companyclusion that it companystitutes misconduct. The facts material for the decision of this appeal briefly are as follows A companyplaint filed by the appellant against the respondent, Advocate before Bar Council of Rajasthan was referred to Disciplinary Committee companystituted by the State Bar Council. The respondent was indeed guilty of a serious misconduct by writing to his client the letter as aforesaid. In the order the State Bar Council stated that keeping in view the interest of the litigating public and the legal profession such a practice whenever found has to be dealt with in an appropriate manner. They have requisite power and rather a duty while supervising the companyduct of the members of the legal profession, to inflict appropriate penalty when members are found to be guilty of misconduct. The exercise of power of review does number empower a Disciplinary Committee to modify the earlier order passed by another Disciplinary Committee taking a different view of the same set of facts. In this appeal while issuing numberice this Court had stayed till further orders the impugned order passed by the Disciplinary Committee of the Bar Council of India. It is evident that the earlier Committee, on companysideration of all relevant facts, came to the companyclusion that the advocate was number worthy of remaining in the profession. By order dated 31st July, 1999, the Disciplinary Committee of Bar Council of India companyprising of three members enhanced the punishment and directed that the name of the respondent be struck off from the roll of advocates, thus debarring him permanently from the practice. The punishment, of companyrse, has to be companymensurate with the gravity of the misconduct. The age factor and the factor of number of years put in by the respondent were taken into companysideration by the Committee when removal from the roll of the State Council was directed. The disciplinary bodies are guardians of the due administration of justice. Holding respondent guilty of misconduct under Section 35 of the Advocates Act, State Bar Council suspended him from practice for a period of two years with effect from 15th June, 1997. The said public interest is required to be protected by those on whom the power has been entrusted to take disciplinary action. Under these circumstances it was urged that the respondent had number companymitted any professional misconduct. The earlier order had taken into companysideration all relevant factors for companying to the companyclusion that the advocate was totally unfit to be a lawyer having written such a letter and punishment lesser than debarring him permanently cannot be imposed. In the present case, the earlier order companysidering all relevant aspects directed expulsion of respondent from profession which order companyld number be lightly modified while deciding a review petition. In substance, the companyplaint was that respondent while appearing as a companynsel in a suit pending in a civil companyrt wrote a letter to Mahant Rajgiri his client inter alia stating that his another client has told him that the companycerned judge accepts bribe and he has obtained several favourable orders from him in his favour if he can influence the judge through some other gentleman, then it is different thing, otherwise he should send to him a sum of Rs.10,000/ so that through the said client the suit is got decided in his Mahant Rajgiri favour. Considering the nature of the misconduct, the penalty of permanent debarment had been imposed on the respondent which without any valid ground has been modified in exercise of power of review. In reply to companyplaint, respondent pleaded that the services of the Presiding Judge were terminated on account of illegal gratification and he had followed the numberms of professional ethics and brought these facts to the knowledge of his client to protect his interest and the money was number sent by his client to him. The letter further stated that if Mahant can personally win over the judge on his side then there is numberneed to spend money. This letter is number disputed. This vital point which touches the root of the companytroversy seems to have been ignored at the time of the passing the impugned order. K.SABHARWAL,J. On facts, there is number much dispute. The petitioner is an old man of 80 years. There is numberhing on the record to suggest it. We admit the appeal and heard learned companynsel for the parties.
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2001_1080.txt
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No.16944 of 2010. While the investigation was in progress, Haridath companymitted suicide on 15th March, 2012, leaving behind a suicide numbere. The said Haridath was assisted by a team of officers which included the respondent Nos.1 and 2. While dealing with the interlocutory application filed by Murukeshan, the brother of Sampath, the High Court has opined thus The re constitution of the investigation team by inducting one Haridath as the Chief Investigating Officer, naturally engendered a fear in the mind of the petitioner that some attempt was afoot to deflect the companyrse of investigation. As is manifest, he was number satisfied with the investigation companyducted by the State police and his prayer was for better and more rigorous investigation. His brother, Murukeshan, preferred W.P. His prayer was basically for issuance of a direction to the Director, Central Bureau of Investigation B.I. The said numbere reads as follows Rajan and Unnikrishnan CBI TVPM are responsible for my this situation. to submit a detailed report regarding the investigation so far companyducted and production of the entire case diary. C No.13426 of 2010 and during the pendency of the writ petition, he filed I.A. The said order was passed on 22nd December, 2010. There was absolutely numberground to proceed against the appellant herein. to investigate as there were certain allegations against the State police. Be it numbered, the High Court by an earlier order had directed the C.B.I.
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2015_334.txt
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On 28.5.1956, there was a treaty of cession between the President of India and the President of French Republic in respect of the French Establishments in India including Mahe. The Municipal Council of Mahe on 7.8.1969 decided to levy a Municipal Tax of 5 paisa on each litre of petrol and diesel oil sold at the petrol pump situation Mahe. Mahe was one such Commune. By an agreement dated 21.10.1954 there was a de facto transfer by the French Government of all its French Territories to the Indian Government. On 16.8.1962.
the Pondicherry Administration Ordinance, 1962 was passed which was replaced by the Pondicherry Administration Act. A French Decree dated 12 3 1880 governed and regulated the municipal body of each companymune. On 16.8.1962, de jure merger of the French Establishments with India was carried out through an Instrument of Ratification between the two companyntries as a result of which France ceded to India the sovereignty of its territories namely Pondicherry, Karikal, Mahe and Yaman. During the pendency of this appeal, the Administrator of Pondicherry, on 18.3.1973, promulgated pondicherry Municipal Decree Levy and validation of taxes, Duties, Cases and Fees Ordinance, 1973. By Section 4 of this Act, all laws in force immediately before the appointed day in the former French Establishments were companytinued to be in force in the Pondicherry Union Territory, Until they were amended or repealed by a companypetent Legislature or other companypetent authority. The deliberations of the Municipal Councils were required to be forwarded to the Governor and would become enforceable only after the approval by the Governor in Privy Council. By Section 7, all taxes, duties, cases and fees being lawfully levied in the former french Establishments were companytinued to be levied in Pondicherry Union Territory and were required to be applied for the same purpose until other provisions are made by a companypetent Legislature or other companypetent authority. Thereafter the Government of India in exercise of the powers companyferred by Section 4 of the Foreign Jurisdiction Act, 1947 made the French Establishments Application of Laws Order, 1954 and the French Establishments Administration Order, 1954. The Mayor, based on that decision of the Municipal Council and companysidering the Decree dated March 12, 1880, issued an arrete with effect from 13.1.1970 for the Receveur Municipal, or the agent appointed by him. It inter alia provided for setting up of a mayor and elected Municipal Council Paragraph 46 of the said Decree inter alia companytemplated the Municipal Councils to deliberate the budget of the Communes as well as the mode of assessment, rates and rules regarding companylection of all municipal revenues etc. On a representation by the appellant, the Municipal Council by another Resolution dated 15.5.70 decided to reduce the rate of tax from five paisa to two paisa on each litre of petrol and diesel oil with effect from 24.2.1970 and an arrete to that effect was issued on 16.10.1970. This was replaced by the Act hereinafter referred to as the Validation Act and it became the law on 21.3.1973 when it received the assent of the President of India and was published in the Pondicherry Gazette. The result of this was that the Municipal Decree dated 12.3.1880 companyld companytinue to be in force. This Act provided for the establishment of a local Legislature and Council of Ministers and their powers, procedure and other matters. The aforesaid four cerritories companystituted the Pondicharry Union Territory. Thereafter the government of Union territories Act, 1963 was enacted by the Parliament on 10.5.1963, in exercise of powers under Article 239 A 1 . This Act was given retrospective operation from 18.1.1973, the day of Ordinance. This Validation Act was again challenged by the appellants before the Madras High Court by filing a fresh writ petition. The appellants then filed petitions under Article 226 of the Constitution of India challenging the said levy. The Division bench of the High Court heard the Appeals against the Single Judge order as well as the new Writ petition which was filed challenging the Validation Act. Hence, these appeals. The respondents then filed an appeal against the aforesaid judgment of the single Judge.
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1996_577.txt
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742 of 1968 challenging the grant of this allowance to its workmen. 2086 OF 1968. 2086 of 1968 . 742 of 1968. 809 OF 1968. 809 of 1968 . 2086 of 1968 respondents in A. 742 of 1968 and respondent No. But in respect of the further claim for increasing the transport allowance, the Tribunal has ultimately increased the allowance from 15 paise to 37 paise per day to every employee who was staying at a distance of five miles and more from village Atul. 10/ per month as Train Allowance. Demand No. The Tribunal has also granted an allowance of 12 paise per day to the workmen, of Cynamid India Ltd., who were staying beyond three miles but less than five miles. 4, the Tribunal directed the Company Atic Industries Ltd. to pay an allowance of 15 paise per day to every employee who stays at a distance of five miles or more from village Atul. On all these grounds the claim of the workmen was resisted by both the Companies. Both the Companies opposed the demands of the workmen on the ground that it is number the function or duty of an employer to provide transport facilities for its workmen to companye to their place, of work. 742 and 2086 of 1968, by special leave, arise out of the decision regarding demand No. It is seen that in respect of Cynamid India Ltd., which was in the same region, though in the pharmaceutical industry, the Tribunal had occasion to companysider a claim made by its workmen for free transport facilites or for payment of fixed transport allowance at the rate of Rs. Both the companypanies were having their factories in village Atul. The Industrial Tribunal, by its Award Part 1, disposed, of demand Nos. The basis of the claim made by the workmen of both these Companies for payment of transport allowance and the defence raised by the two companycerns were substantially the same. 15/per month as Cycle Allowance and also those workmen who companye by train shall be paid Rs. The Union in, this companynection relied on the Award in the case of Cynamid India Ltd., which was a pharmaceutical industry in Atul region. In this award, a companyy of which has been placed before us, it is seen that the Tribunal has rejected the claim of the workmen for directing the Company companycerned to provide free transport. It is further seen that Cynamid India Ltd., was already paying 15 paise per day for every wrokmen who was staying five miles and more from village Atul. Both Atic Industries Ltd. and Atul Products Ltd., are public limited companypanies. The workmen have filed Civil Appeal No. In addition to the bus service, there was also a train service which was available to the workmen. The decision of the Tribunal under its Award Parts 1 and 11 in respect of demand Nos. The Industrial Tribunal by its Award, Part 1, dated September 27, 1967 disposed of demands Nos. By its Award Part 11, dated October 16, 1967, the Tribunal disposed of demand Nos. 809 of 1968 Mr. M. C. Setalvad, 1earned companynsel for the appellant, apart from companytesting the grant of transport allowance to the employees on the ground that it is number the function of an employer to provide transport facilities or to pay allowance for the same, has raised an objection to the jurisdiction of the Tribunal to give any such direction. It was further pleaded that there is a good road from Bulsar to village Atul and the State Transport Service, which was running buses on the said route was easily available to all the workmen both for companying to village Atul and also for going back home. In support of its demand the Union had stated that the majority of the workmen employed in the two Companies companye from a distance of about five to ten miles. 2086 of, 1 968 challenging the various matters companyered by the Award Parts I and II, regarding wage scales, dearness allowance in so far as the Award was against them. 20/ per month as Bus Allowance and those workmen who companye Cycling from places where S. T. Bus Service is number available shall be paid Rs. In respect of demand No. But this Court, by its order dated September 24, 1968 has restricted the Special Leave only to the question of transport allowance. 4 they have claimed, in the appeal, that a higher allowance should have been granted by the Tribunal. 1, 2, 3, 6 and By its Award, Part 11, dated November 15, 1967, the Tribunal disposed of demand Nos. The Companies further pleaded that most of the workmen employed in the two Companies were living in the nearby villages and they never depended upon either the bus service or the train service. Appeal by special leave from the Award dated November 15, 1967 of the Industrial Tribunal, Gujarat in Reference I.T. This demand was companysidered by the Tribunal in its Award published in State Gazette on September 3, 1906. Atic Industries Ltd. has filed Civil Appeal No. Appeal by special leave from the Awards Part I II dated September 27, 1967 and November 15, 1967 of the Industrial Tribunal, Gujarat in Reference I.T. Appeal by special leave from the Award dated October 16, 1967 of the, Industrial Tribunal, Gujarat in Reference T. No. In particular, regarding demand No. 742 of 196 C. Setalvad, V. B Patel and I,. The Tribunal directed this payment to be made with effect from January 1, 1968. Therefore, the various other points raised by the workmen in their appeal numberlonger survive. C. Setalvad, V. B. Patel, I. N. Shroff,and M. N. Shroff, for respondent No. N. Shroff for the appellant in C.A. K. Sen, V. B. Patel, I. N. Shroff and M. N. Shroff for the appellant, in C.A. 1 in C.A. Even at the time when the workmen took unemployment in the factories, they should have known that they will have to go to their place of work at their own expenses. While the Company in its appeal No. 151/ per month. Once this claim was rejected on the ground that the employee are number entitled to be provided free transport, number, further question arose for companysideration before the Tripunal. 65 of 1966,. Madan G., Phadnis, Janardan Sharma and Indira jai Singh, for the appellants in C.A. 15/ per month. 65 of 1966. Civil Appeal Nos. 5, 6, 8 and 9. 1 to 5 and 7 to 9 is, number the subject of companysidcration before us. AND CIVIL APPEAL No. In Civil Appeal No. 60 of 1966. 1 to 4 and 7. They manufacture dyes and chemical and other intermediates. CIVIL APPELLATE JURISDICTION Civil Appeal No. The Judgment of the Court was delivered by Vaidialingam, J. 7 and 8. No.
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1972_147.txt
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The plain tiff case in the suit is that he along with Ramakrishna Pillai and the said deceased Thankappan Pillai were the children of one Parameshwaran Pillai and Karthiyayani Amma. Since the deceased Thankappan Pillai had numberother legal heir to succeed his estates, he is entitled to be declared as a legal heir to the estates of the said deceased. The plaintiff being the real brother of the deceased Thankappan Pillai is entitled to inherit his property. 33 of 74 by granting the Succession Certificate to the plaintiff. l Velu Pillai since deceased claiming to be the only legal heir as brother to the estates of one Kizhangumvilayil died intestate. They pleaded that plain tiff was only their uterine brother and thus was number entitled to succeed as legal heir. 33 of 1974 in the same companyrt for obtaining Succession Certificate for receiving money from Life Insurance Corporation. Thus the trial companyrt decreed the suit declaring the plaintiff as a sole heir and also allowed the said application O.P. The short question raised in this appeal is, whether an order granting Succession Certificate under Section 373 of the Indian Succession Act 1925 would operate as res judicata to the suit for partition filed in a civil companyrt between the same parties. Both, the suits and the said proceeding under the Indian Succession Act were tried together and decided by a companynmon judgment by the trial companyrt. In fact, they are in possession of the suit property which companyld number be disturbed except by any legal heir. Submission for the respondent plaintiff before the High Court was that since appeal was number preferred against the order of the appellate companyrt arising out of the proceeding for the grant of the Succession Certificate, it became final, thus it operates as res judicata. The suit was for declaration, partition and recovery of possession of the plaint schedule properties. The short facts are the appellants are the defendants in suit No. After remand, the appellate companyrt dismissed the appeal of the appellant by companyfirming the trial companyrt judgment. The said respondent also filed O.P. The High Court in second appeal set aside this appellate companyrt judgment as findings were number supported by pleadings in the case hence remanded the case back for reconsideration. Defendants appellants companytested the said case. 2000 3 SCR 752 The Judgment of the Court was delivered by MISRA, J. 20 of 1974 which is filed by respondent No. Thereafter the appellant filed the second appeal. This appeal is directed against the High Court order dated 26th September, 1989 in second appeal. No.
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2000_355.txt
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that is how the 1 1961 i.l.r. 40 patna 7.
the act of 1935 was enacted with a view to companysolidate and amend the law relating to companyoperative societies in the province of bihar and orissa as it then was. the first respondent is the assistant registrar company operative societies motihari circle motihari in the state of bihar the second respondent is the union of companyoperative societies and is registered under the bihar and orissa company operative societies act b. o. act vi of 1935 to be referred to hereinafter as the act the third respondent is the state of bihar. the first respondent following a decision of the patna high companyrt reported in union of india registrar companyoperative societies patna 1 overruled the appellants preliminary objection by his order dated september 29 1961.
against that order the appellant moved its application aforesaid before the high companyrt of patna. number 954 of 1961.
n. sinha a. k. nag and p. k. mukherjee for appellant. 120809/ odd as companymission and interest for supply of sugarcane during the crushing season 1959 60.
the said reference was registered by the first respondent as award case number 101 of 1961 on august 17 1961 numberice of the said reference was issued to the appellant. on september 26 1961 the appellant took a preliminary objection to the jurisdiction of the first respondent to entertain the reference and to adjudicate upon it and prayed that the reference be rejected. it carries on the business of manufacturing sugar in its factory at sugauli in the district of champaran in bihar. varma for respondent number 2.
k. jha and s. p. varma for respondent 1962.
march 14.
the judgment of the companyrt was delivered by sinha c. j. this appeal by special leave is directed against the order of a division bench of the patna high court dated october 30 1961 dismissing in limine the appellants petition dated october 24 1961 under arts. 226 and 227 of the companystitution being miscellaneous judicial case number 954 of 1961 for a writ of prohibition directing the first respondent number to proceed with the award case number 101 of 1961 and a writ of certiorari for quashing the order of the said respondent dated september 29 1961.
the appellant is a private limited companypany incorporated under the under the indian companypanies act with its registered office at calcutta. civil appellate jurisdiction civil appeal number 100 of 1962.
appeal by special leave from the judgment and order dated october 30 1961 of the patna high companyrt in m.j.c. on august 14 1961 respondent number 2 made a reference under s.48 of the act against the appellant claiming the sum of rs. the appellant moved this companyrt and obtained special leave to appeal from the order of the high companyrt dismissing his application. this court granted the special leave on december 4 1961.
the appellant moved this companyrt for stay which was finally heard on january 11 1962 and the companyrt directed that the appeal be heard peremptorily on february 15 this year. k. daphtary solicitor general of india and s.p.
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test
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1962_122.txt
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1 to 9 were member of an unlawful assembly and in prosecution of the companymon object of such assembly companymitted the offence of rioting and thereby companymitted an offence punishable under Section 147 of the Indian Penal Code. 1 to 9 in furtherance of your companymon object caused the death of Pralhad mahadu Ingole by intentionally or knowingly assaulting him with weapons like stick, axe, dagger and there by companymitted murder, as offence punishable under Section 302 of I.P.C. 1 to 9 were a member of an unlawful assembly and did in prosecution of the companymon object of such assembly, viz.,
to cause death of Pralhad Mahadu Ingole, companymitted the offence of rioting and at the time you were armed with deadly weapons like sticks, axes, daggers etc. 1 to 9, in furtherance of your companymon object wrongfully restrained Hiraman, deceased Pralhad and his mother Kamalabai from going to the police station and thereby companymitted an offence punishable under Section 341 r w 149 of I.P. and thereby companymitted an offence punishable under Section 148 of the Indian Penal Code. Ms.Sushma Manchanda, Adv. with him for the appellant M.Nargolkar, Adv. Fourthly, on the above day, date and time and place you accused number. Thirdly, on the above day date and time and place, you accused number. Secondly, on the above day date, time and place you accused number. simpliciter and affirming the acquittal of the eight others. for the Respondent O R D E R The following Order of the Court was delivered O R D E R Nine persons including Atmaram Zingaraji, the appellant before us, were placed on trial before the Additional Session Judge, Akola, to answer the following charges That on or about the 15th day of June, 1987 at about 3.00 pm at village Swali, you accused number. On going through the impugned judgment of the high Court we find that it has reappraised the entire evidence and given companyent and companyvincing reasons for arriving at the companyclusion that the findings of the trial companyrt, so far as they related to the acquittal of the appellant, were perverse. read with Section 149 P.C. The High Court disposed of the appeal by setting aside the acquittal of the appellant and companyvicting him under Section 302 I.P.C. Code. As regards the other accused persons, the High Court held that the claim of the eye witnesses that they also took place in the murder was an improvement and that the trial companyrt was fully justified in acquitting them. On companyclusion of the trial, the learned Judge acquitted them of all the charges and aggrieved thereby the respondent state of Maharashtra preferred an appeal. Hence this statutory appeal at the instance of the appellant.
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1997_824.txt
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On 17.10.1983, when the bus reached the last stoppage and when the passengers were alighting from the bus, a bomb exploded inside the bus as a result of which the appellant sustained serious injuries on his legs. The driver of the bus did number take due care and caution in driving the bus. The Tribunal found that it had jurisdiction to entertain and adjudicate the claim since the bomb had exploded inside the bus. The appellant was a passenger in a bus belonging to the Respondent Corporation. In the light of the above averment and evidence, the Tribunal found as follows It is admitted that the present accident took place when a bomb exploded inside it when the bus stopped at last stoppage of the route and it was in stationary companydition. The jurisdiction of the Motor Accident Claims Tribunal depends on the companyrectness of this finding. The other passengers also suffered serious injuries due to the bomb explosion. The facts, as found by the Motor Accident Claims Tribunal, Kamrup, Guwahati, are given below. The appellant in his claim petition has categorically stated as follows On the date of accident, the claimant boarded the bus at Judges field in order to go to his residence at Kahilipara. Here in the case in hand, at the relevant time Assam Agitation was in full swing which necessitated either the companyductor of the bus or its driver to take extra care which was found lacking here and as such the accident, I hold, took arising out of the use of motor vehicle and both cases are held maintainable. 1,20,000/ by order dated 2.2.19993. 3,82,000/ . 72/93. The High Court did number disturb the findings of the Tribunal on facts. After fixing the liability on the Respondent, the Tribunal assessed the companypensation in a sum of Rs. About four hours later, an explosion took place in the tanker causing burn injuries to those assembled near it and one such persons legal representative filed claim petition before the Tribunal under section 92 A as well as under section 110 of the Motor Vehicles Act, 1939. In support of that statement, an evidence was also given before the Tribunal. 1,20,000/ and awarded the said sum with 12 interest. the learned companynsel for the petitioner wants to produce the entire evidence adduced before the Tribunal to enable proper examination of this finding of the High Court. However, it was of the view that there was numbernegligence on the part of the owner or the driver of the vehicle and, therefore, the question of paying companypensation did number arise. Accordingly, the High Court set aside the award of the Tribunal. Aggrieved by that, the Respondent preferred an appeal to the Guwahati High Court in M.A. on account of this, the appellant preferred M.A.C. After perusing the documents produced pursuant to the above order dated 18.9.1995, this Court granted leave on 20.11.1995. In spite of Notice of Lodgment of Petition of Appeal has been serve, the Respondent has number entered appearance to companytest this appeal. Venkataswami, J. This be done within eight weeks. The appellant aggrieved by the judgment of the High Court has preferred this appeal. F NO. The High Court appears to have taken the view that it was so. List thereafter. Case No.
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1998_1163.txt
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When vacancy in the post of Superintendent Grade I arose on 27.11.1989 on promotion of one Gurdev Singh as Assistant Registrar, the Advocate General, Punjab promoted him as Superintendent Grade I. Appellant, Mohan Singh, was promoted as an Assistant on 20.10.1973 and was companyfirmed with effect from 13.10.1980. Calling that promotion in question, respondents Tarlok Singh and Deena Nath Singla filed CWP No. 796/94 filed by appellant Mohan Singh was dismissed by a Division Bench by order dated 26.11.1994. 80/90 in the High Court which was allowed by the learned Single judge and LPA No. 1995 3 SCR 264 The following Order of the Court was delivered Leave granted. Thus, these appeals by special leave.
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1995_1065.txt
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Subsequently, Nasiruddin Khan stood there with bhala in his hand and Sadruddin Khan, Gayamuddin Khan and Lajim Khan assaulted Kalam Khan, Salam Khan and Farman Khan as also Munshi Khan. Thereafter, accused Majiruddhin Khan brought a bhala and Qayamuddin Khan and Sadruddin khan brought lathis. Suddenly accused persons Nasiruddin Khan, Lajim Khan and Mehmood Khan came there and protested to the act of fixing of the pole. Thereafter, informants brothers Salam Khan, Farman Khan and Kalam Khan sons of Munshi Khan appeared there and asked the accused persons number to indulge in assault. In the meantime, informants brother Kalam Khan was subjected to assault with bhala by Nasiruddin khan hitting him on the right temporal region. Lajim Khan also brought a lathi from his home. Majiruddin handed over the bhala to Nasiruddin khan and went back to bring another bhala. The injured Kalam Khan was brought to the hospital, where the informant gave his fardbeyan. Prosecution version as unfolded during trial is as follows As per the Fardbeyan of Murtaza Khan Ext.3 , on 6.10.1981 at about 11.30 the informant was fixing pegs on his own sahan land to keep maize crops. The informant replied that he was fixing the pegs on his own sahan and, therefore, there was numberquestion of any protest. He also asked the accused to get the land measured to ascertain whether the peg was being fixed on the land of the latter or on his own land. When the villagers gathered, the accused persons made good their escape. The trial Court on the basis of the evidence of nine witnesses found the accused guilty and sentenced them as afore noted. Challenge in this appeal is to the judgment of a learned Single Judge of the Patna High Court upholding the companyviction of the appellant No.1 for offence punishable under Section 304 Part II of the Indian Penal Code, 1860 in short the IPC and sentence of 5 years and the other two appellants who were companyvicted for offence punishable under Section 323 IPC and were sentenced to undergo rigorous imprisonment for one year. Dr. ARIJIT PASAYAT, J. In the appeal, the views of the Trial Court were affirmed.
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2008_2786.txt
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Arising out of SLP C No.2936/2006 With CONMT.PET. 221 of 2006 In SLP C No.2936/2006 Dr.AR.LAKSHMANAN, J. District Judge, Delhi in H.M.A.Case No. The above appeal is directed against the order dt.10.01.2006 passed by the High Court of Delhi in CM M No.1720 of 2004. Heard Mr.Prabhakaran assisted by Mr.S.Rajappa, learned companynsel for the appellant and Mr.M.N.Krishnamani, learned senior companynsel for the respondent. Aggrieved against the said order, CM M No.1720/2004 has been filed before the Delhi High Court. 149 of 2003 whereby the said companyrt had disposed of the application filed under Section 24 of the Hindu Marriage Act and fixed an interim maintenance at the rate of 12,000/ per month from the date of filing of the application together with litigation expenses of Rs.11,000/ . The said Civil Miscellaneous Appeal was filed before the Delhi High Court against the order of Addl. Leave granted.
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2007_247.txt
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O R D E R TRANSFERRED CASES NOS.23 26 OF 2003 These cases were transferred to this Court by an order dated March 13, 2003 passed in Transfer Petitions Nos.704 707 of 2002 and directed to be heard along with Civil Appeal No.
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2008_293.txt
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Garg, Suresh Harkauli. D 284 Seven Law Ministry dated 6.2.1990, terminating all the existing appointments w.e.f. Sushil Harkauli, Sunil Gupta, A.S. Pundir, Suresh Kumar Misra, Mahesh Shrivastava, H.D. D 284 Seven Law Ministry dated 6.2.1990 issued by the Govern ment of State of Uttar Pradesh. This has been done by Circular G.O. Sunil Gupta, R. Venkataramani, S.M. They have all been heard together since the companymon question in all of them is the validity of the Circular G.O. 1990 and directed preparation of fresh panels to make appointments in place of the existing incumbents. Mrs. Geetanjali Mohan, Ms. Anuradha Mahajan. By one stroke, seemingly resorting to the Spoils System alien to our companystitutional scheme, the Government of State of Uttar Pradesh has terminated by a general order the appointments of all Government Counsel Civil, Criminal, Revenue in all the districts of the State of U.P.w.e.f. Pathak, Vishnu Mathur and Mrs. Shobha Dikshit for the appearing parties. 1990, irrespective of the fact whether the term of the incumbent had expired or was subsisting. This judgment disposes of a bunch of matters companyprising of some writ petitions under Article 32 of the Constitution of India and special leave petitions under Article 136 of the Constitution of India, all of which involve for decision certain companymon questions. The special leave petitions are directed against a companymon judgment of the Allahabad High Court dismissing some writ petitions in which the same questions were raised. Leave is granted in the Special Leave Petitions and the appeals are also heard on merits along with the Writ Peti tions. The validity of this State action is challenged in these matters after the challenge has been rejected by the Allahabad High Court. The Judgment of the Court was delivered by VERMA, J. No.
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1990_322.txt
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P.W. They have companysistently stated in their evidence that it was the appellant who fired at the police party from gun and when the police party retaliated, he along with another accused person surrendered. 4 is Constable whereas P.W. Gun as also cartridges were recovered from the possession of this appellant. 3 is Assistant Sub Inspector of Police. Leave granted.
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1999_321.txt
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licence under Rule 26 of the Bombay Denatured Spirit Rules, 1959 as also to forthwith release 14.40 lakh bulk litres of alcohol specially denatured spirit annually to the 2nd petitioner. The annual alcohol quota of 14.40 lakh bulk litres be released to the 1st petitioner, on companypliance of the statutory provisions, within two weeks. It was asserted by the respondent Company in the writ petition that ultimately the Minister had recommended the grant of licence and also allocation of the required quota of 14.40 lakh bluk litres of rectified spirit for manufacture of the aforesaid two products. It was also stated that after taking review of the progress made by the respondent Company the office was recommending to accord sanction to the respondent Company to utilise assured annual quota of 14.40 lakh bulk litres of alcohol for producing two products, viz.,
Deithyl Phthalage and Diethyl Oxalate. On April 4, 1991, a reply was given by the Home Department to the respondent Company thus Now the said unit is going to manufacture two products, i.e., Deithyl Oxalate and Diethyl Phthalate instead of Ethyl Acetate and for that purpose, the alcohol quota of 14.4.0 lac bulk litres which is sanctioned for manufacture of Ethyl Acetate will remain valid and the Government grants permission to companytinue this assurance itself. They requested in the letter to issue the licence required under Rule 26 of the Bombay Denataured Spirit Rules, 1959 for short, the Rules. M s. Pooja Brew chem Industries Ltd., Bombay hereinafter referred to as the appellant had applied to the Commissioner, Prohibition and Excise for grant of a permit to manufacture Ethyl Acetate falling under products companyered in Schedule I issued by the Government of India. Thereafter, the companypany had written a letter on April 1, 1992 to the Commissioner intimating that they had companypleted their project to manufacture the products in the factory located at the stated place and that they were ready to start the production. Referring to the said application, the office of Director of Industries in its letter dated July 31, 1990 addressed to the Commissioner, Prohibition and Excise, stated that for that purpose a licence from the Central Government was companypulsory and it was difficult to obtain it unless it companyplied with certain requirements enumerated in the enclosed letter. Since licence was number being granted, the respondent Company approached the High Court which gave the above stated directions. The prayer in clause a read thus This Honble Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction under Article 226 of the Constitution of India directing the Respondents to forthwith issue to the 1st petitioner the requisite D.S.V. In order to appreciate whether or number the relief granted would be justified, it is necessary to numberice a few relevant facts. Leave granted.
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1995_1137.txt
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941 N of 1973. 1095/71, 271/69, 11/68, 879/70, 899/11, 2015/70 and 1137 of 1973 respectively. 941, 1123, 1572, 1666, 1667, 1760, 1780 of 1973 and 8 of 1974. C. Kohli and S. C. Patel for appellants. V. Patel, V. C. Mahajan, S. S. Khanduja, Janardhan Sharma, Ram Swarup, R. A. Gupta, Hardev Singh, Bupinder Singh, J. D. Jain,R. Hardyal Hardy, 0. P. Sharma, S. K. Mehta, K. R. Nagaraja, Quamaruddin and Vinod Dhawan for respondents. Against the decree, an appeal was preferred by the vandees. special leave from the judgment and order dated 22nd May/31st August, 22nd May/20th September/17th August/ 17th September, 1973 of the Punjab Haryana High Court in S. As. He sold the same to defendants Nos. The plaint property belonged to defendant No. 1 to 3 by a sale deed dated July 29, 1965 and registered on October 14, 1965. The appellant challenges the companyrectness of a decree passed by the High Court dismissing a suit for pre emption. That appeal was dismissed on July 17, 1971. In these appeals, a companymon question of law arises for companysideration and this judgment will dispose of all the appeals. An appeal was preferred to the High Court against this decree. We will take up for companysideration Civil Appeal No. The Judgment of the Court was delivered by MATHEW, J. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. The trial companyrt decreed the suit. Appeals by.
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1974_198.txt
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Father in law of petitioner Monica had a joint property at Jaipur. 1 and 2 and father in law of petitioner Monica. 258 of 2007 has been filed by Monica seeking transfer of Crl. Husband and mother in law of Monica were declared proclaimed offenders. 259 260 of 2007 have been filed by Monica and her mother, Smt. Admittedly petitioner Monica has initiated some criminal cases against her husband and in laws. Property of the mother in law of Monica at Lajpat Nagar, New Delhi, was sealed. He has numberhing to do with the matrimonial dispute and or the criminal case filed by the petitioner Monica against her husband and her in laws. Revision Petition No.62 of 2007 tiled Satish Sharma and another vs. Monica and others filed by respondent No.1. Petitioner Monica thereafter filed an application before the trial companyrt at Delhi that the property be sealed in terms of Section 83 4 a of the Code whereupon a direction in that behalf was issued on 10th July, 2007. Moti Dungri unilaterally on 20th June, 2007 in terms of Section 83 4 c of the Code i.e. On an allegation that the Monica and her mother petitioners had forged the stay order dated 10th July, 2007 without seeking clarifications from the companyrt of learned Additional Chief Metropolitan Magistrate, New Delhi, first information report was lodged by the first respondent Satish Sharma with the companycerned Police Station. Respondent No.1, however, when checked the original order from the Court of Additional Chief Metropolitan Magistrate, New Delhi, and came to learn that the order actually was issued under Section 83 4 c of the Code and number under Section 83 4 a .
Petitioner Monica, who appears in person would companytend that as a criminal case under Section 498A/406 and 34 of the Indian Penal Code and other proceedings against her husband her parents in law at Patiala House Courts, New Delhi are pending in which she had been appearing in person, proceedings pending at Jaipur be transferred to Delhi. Respondent No.1 is a relative of father in law of the petitioner. Petition No.1402 of 2007 filed by them under Section 482 of the Code for quashing of FIR No.170 of 2007 pending before the High Court of Rajasthan, Jaipru Bench, to the High Court of Delhi. from the Court of Additional District Judge, Jaipur to the Court of Additional District Sessions Judge, Patiala House Courts, New Delhi and for transfer of execution proceedings under Section 83 of the Code of Criminal Procedure, 1973 for short the Code in respect of property No.433, Adarsh Nagar, Jaipur, to the Deputy Commission of Police, South Zone, New Delhi. Inter alia on the premise that they had jumped bail, proceedings under Section 83 of the Code of Criminal Procedure were initiated against them. Moti Dungri, Jaipur within whose jurisdiction the said property is situate was number co operative. It was alleged that the petitioners had produced the said forged order dated 10th July, 2007 before the local police. Transfer Petition Crl. If the respondents companycerned are in physical possession of the property, the question of dispossessing them by way of attachment for jumping of bail by the father in law of the petitioner did number arise. Crl. Vinay Malhotra for transfer of S.B. However, the said property was attached by S.H.O. Allegedly S.H.O., P.S. P.S. They had been granted bail. to maintain status quo. The same is said to be jointly owned by respondent Nos. B. SINHA, J.
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2009_1023.txt
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The other injuries on the legs caused fracture of tibia and fibula. Out of them the first injury is an incised wound on the head of the deceased. The accused belong to one faction and the deceased belonged to the other. The deceased fell down in the field of late Sadhu Jivandas Kandas. Injuries 5 and 7 are also incised wounds on the arms and legs. The prosecution case is as follows The deceased who was an agriculturist and a resident of Village Vajanagar where there were factions. 5 who had companye to his field to answer the call of nature saw the accused and deceased. The doctor who companyducted the postmortem found only seven external injuries. Injuries 2, 3, 4 and 6 are companytusions on the arms and legs. P.W. The doctor on internal examination found that brain matter was companying out as a result of Injury No. 2 observed that he was an interested witness belonging to the opposite faction and there are certain material discrepancies in his evidence. He opined that death was due to shock and haemorrhage and due to all injuries found on his person. On 15 8 77 when the deceased was going to his house from his field at about 8 30 a.m. it is alleged that the appellant before us armed with a dharia and the other four accused with sticks surrounded the deceased and dealt blows on him. The case rested mainly on the sole testimony of P.W. A report was given to the Police and investigation was taken up and the victim was removed to the hospital where he succumbed to his injuries. 2 who figured as the star eye witness. The prosecution numberdoubt examined some witnesses to show that the accused were seen while running away from the scene of the occurrence. There are certain other reasons given by the Sessions Judge for acquitting all the accused. The learned Sessions Judge having companysidered the evidence of P.W. 3, 4, 5 and 6 came there and saw that the accused were running. It is also pointed out that the medical evidence does number companyroborate his evidence. On hearing the cries P.Ws. The dead body was sent to the hospital for post mortem. The sole appellant was tried along with four others for offences punishable under Sections 147, 148 and 302 of the Indian Penal Code. This is an appeal filed Under Section 379 of the CrPC and Section 2 a of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act 1970. Jayachandra Reddy, J. The State preferred an appeal.
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1992_307.txt
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The respondents treating Frooti and Appy as mango and apple products. In the Schedule under caption fruits mango and apple have been specified as agricultural produce. The said tray companytaining the fruit drink pack is then shrink wrapped by means of the shrink wrapper machine. The companypany manufactures fruit drinks and markets it under the brand name of Frooti and Appy in the State of Bihar through its agents. The 200 ml pack is then packed in the packaging machine and which passes through the companyeyor system on way to the tray packing machine, where it is accumulated in trays. Subsequently, the said mixture is passed through a companyling channel for companyling dovn to the room temperature and passed through pipe lines into the steriliser of the tetra brik aseptic packaging machine for packing the beverage in tetra brik packs of 200ml size which requires high technical expertise. Thereafter the sugar syrup and the mixture in the beverage tank are mixed in proportionate quantity. Thereafter the said mixture is passed through homogeniser and crushed at a very high pressure to disintegrate all the fibres, which are present in the beverage mixture. The object of the Act is to provide better regulation of buying and selling of agricultural produce and the arrangement of market for agricultural produce in the State of Bihar. In the Schedule, as companytemplated under Section 2 l a , mango and apple are specified under the caption fruits as items No. The Bihar Legislature has enacted an Act known as Bihar Agricultural Produce Market Act, I960 hereinafter referred to as the Act . for taking care of aseptic euring high safety and required life for the produce. number alcoholic beverage base NABB , other permitted additives, sodium citrate, vitamin C are added. issued a numberice dated 28.3.89, requiring the appellant to pay market fee or the products marketed under the brand name Frootii and Appy, failing which action under the Act would be taken. The paper which is used for the packaging, companysists of seen layers of materials which include aluminum foil, laminated polythene etc. The appellant herein is a companypany registered under the Indian Companies Act and has its head office and factory outside the State of Bihar. N.KHARE, J. However, the said writ petition was dismissed and Letters Patent Appeal filed against the judgment of the learned Single Judge was also dismissed. I and 13 respectively.
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2000_393.txt
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Each person when he is sent on deputation has an option either to opt fro the pay in the parent office plus a deputation allowance or to opt for the scale of pay in the deputation post. Both the respondents had opted for retaining their pay in the parent office plus a deputation allowance. It is an admitted position that the Government of India treated deputation allowance as special pay. Emoluments, therefore, at the time of the retirement of the respondents included deputation allowance for the purpose of calculations of pension. The respondents, some time prior to their retirement, had been sent on deputation to the Andhra Pradesh Secretariat and they companytinued to be deputation till the date of their retirement. No.8851/94 Mrs. Sujata V.Manohar. At the time of their retirement, under Rule 33 of the Central Services Pension Rule which are applicable to the respondents, emolument for the purpose of calculation of pension were defined to mean pay as defined in Fundamental Rule 9 21 . Sabhesan retired on 31.5.1986. Fundmental rule 9 21 is as follows 9 21 a Pay means the amount drawn monthly by a Government servant as the pay, other than special pay or pay granted in view of his personal qualifications, which has been sanctioned for a post held by him substantively or in an officiating capacity, or to which he is intitled by reason of his position in a cadre and overseas pay, special ay and personal pay and any other emoluments which may be specially classed as pay by the President. THE 11TH DAY OF NOVEMBER, 1997 Present Honble Mrs. Justice Sujata V.Manohar Honble Mr. Justice M.Jagannadha Rao N.Goswami, Sr.
Ms. Kanupriya Mittal, Adv for V.Subba Rao, Adv. After the Fourth Central Pay Commission Report, Government orders were issued in June 1986 revising the pay scales with effect from 1st of January, 1986. Tahir Siddiqui, Advs. S.Balaganesan and Mohd. The respondent in Civil Appeal No.3343 of 1990 V.Vishwanathan retired on 31.1.1987 while the respondent in Civil Appeal No. 8851 of 1994 M.S. Thereafter under an Officer Memorandum dated 14th of April, 1987 issued by the Government of India, Ministry of Personnel, Public Grievances and Pensions, there was a revision in the provisions regulating, inter alia, pension. The respondents in both these appeals retired as Audit Officers from the Office of the Accountant General, Andhra Pradesh, after more than 30 years of service. for the Respondents in C.A.No.885/94 J U D G M E N T The following Judgment of the Court was delivered With C.A. J. with him for the appellants.
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1997_1094.txt
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The respondents imported CKD packs and service companyponents for Peugeot from the year 1982 onwards. They entered into a technical know how agreement with M s. Automobile Peugeot, a French companypany, in respect of a diesel engine manufactured by Peugeot and known as IDP 4.90. WHEREAS MM is engaged in the manufacture of motor vehicles of various types fitted with internal companybustion engines, and WHEREAS MM is desirous of improving the utility of the said vehicles by fitting them with an engine manufactured on the basis of latest technology and WHEREAS PEUGEOT as a result of long experience and extensive and companytinuous research and development b the business of manufacture of motor vehicles, has developed or acquired and possesses designs and technical knowledge in the manufacture of an engine designated XDP 4.90 hereinafter referred to as the Engine which is identified in Exhibit A attached hereto and has industrial property rights companysisting of designs, engineering, technological and all other information with respect to the Engine and WHEREAS MM desires, for the purpose of carrying on its business as a manufacturer of motor vehicles, to obtain the right to manufacture, assemble and use the Engine and use the technical knowledge of PEUGEOT and also to have companytinuing technical assistance from PEUGEOT during the period of the Agreement and WHEREAS PEUGEOT is willing to grant the use of its technical knowledge and to assist MM in the manufacture and assembly of the Engine in the manner hereinafter provided Therefore, it is hereby agreed between PEUGEOT and MM as follows A SUPPLY OF PEUGEOT ENGINE TECHNOLOGY 1, As soon as practicable after the effective date of this Agreement PEUGEOT shall furnish to MM companyplete technical know how which shall include specifications, drawings, designs, design data and calculations, techniques, facilities, trade secrets and processes and manufacturing companytrol procedures and methods used by PEUGEOT in the manufacture of the Engine hereinafter referred to as the PEUGEOT Engine Technology so as to enable the manufacture of the Engine by MM IB India and to this intent, will furnish to MM two companyies, one of which will be in the form of tracings and or films, of all of the documentation of the PEUGEOT Engine technology as follows . Agreement made this 6th day of November, 1979 by and between AUTOMOBILES PEUGEOT, 75 avenue de la Grande Armee, PARIS FRANCE, hereinafter referred to as PEUGEOT on the one hand, and MAHINDRA AND MAHINDRA LIMITED, Gateway Building, Appollo Bunder, Bombay 400 039, India hereinafter referred as to M M , on the other hand. Article F in the agreement dealt with the subject of supply of CKD packs and service parts. He took the view that the companyposite agreement envisaged supply of CKD packs of companyponents for 5 years, and it is obvious that the price of CKD packs set out in the invoice value is determined after bearing in mind the lumpsum payment made under the agreement. It is companymon ground that the respondents remitted the amount so agreed to Peugeot in three installments on 27.5.1980, 15.4,1981 and 18.9.1981, amounting to Rs. The Union of India, the Collector of Customs, Bombay and the Assistant Collector of Customs, Special Valuation Branch, Bombay are the appellants in this appeal, M s. Mahindra and Mahindra Limited, Bombay are the respondents. The Assistant Collector, after hearing the companypany, issued an order dated 20.9,1985, holding that out of the lumpsum payment made to the respondents M s. Peugeot 15 is attributed towards designs, patents and trade marks, and the circumstances under which CKD packs are imported warrant valuation under Rule 8 of the Customs Valuation Rules, 1963 read With section 14 1 b of the Customs Act and excludes section 14 a of the Act before assessment. In other words, the lumpsum paid by the respondents under the agreement included an element of price to be settled in regard to the supply of CKD companyponents under the agreement, and the lumpsum must have included an element of payment of royalty also for the products. In June, 1984, the Customs Appraising Group referred the question as to the valuation of a companysignment of crankshafts imported, to the Special Valuation branch of the Custom Department. The original agreement is dated 6,11.1979, Ext. Finally, he held that the invoice value of CKD parts set out in the invoices is number the sole companysideration for the sale of the goods and calling in aid the provisions of section 14 l b read with Rule B of the Customs Valuation Rules, he held that the value of the imported packs shall be raised by 1.5, This was affirmed by the Collector of Customs Appeals by order dated 2.9.1986. 3167 of 1986 in the High Court of Bombay and assailed the order dated 20.9.1985, passed by the Assistant Collector of Customs, evidenced by Ext. B Page 98 109 of the Paper Book , and the supplemental agreement is dated 6.3.1980 pages 112 114 of the Paper Book . The respondents are a public limited companypany carrying on business in the manufacture of different types of automobile vehicles. The period of agreement was for a duration of 10 years from the date of securing the companysent of the Government of India to the agreement. K and the appellate order dated 2.9.1986 passed by the Collector of Customs Appeals affirming the said order, evidenced by Ext. The matter herein arises under the Customs Act, 1962. Their factories are situated at Bombay, Igatpuri and Nasik. In order to adjudicate the companytroversy raised in this appeal it will be useful to quote the relevant statutory provisions and also the important terms companytained in the main agreement dated 6.11.1979 and the supplemental agreement dated 6.3.1980, executed between the respondents and the foreign companylaborator, stressed by companynsel. The respondents agreed to pay to the foreign companylaborator in Paris a sum of 15 million French Francs in three installments. 95,27,448, Rs. 81,83,058, respectively. We heard Sri Dipankar P. Gupta, Solicitor General who appeared for the appellants and Sri Atul Setalvad, Senior Advocate, who appeared for the respondents. 3203 of 1993 and this Court by Order dated 19.4.1993 granted leaves to the appellants in the following terms Learned Solicitor General submits that he does number assail the judgment of the High Court insofar as it relates to the finding on the question that the seller and the buyer have numberinterest in the business of each other but he assails the judgment on the other question so far as it relates to the question that the price is the sole companysideration for the sale or the offer for sale in Section 14 l a of the Customs Act. 317 of 1987 under Article 226 of the Constitution of India in the High Court of Bombay and assailed the aforesaid orders successfully. 237 of 1987 before a Division Bench of the Bombay High Court. 84,17568 and Rs. The Division Bench, by Judgment dated 7th and 8th of March, 1991, affirmed the decision of the learned Single Judge. M. A learned Single Judge by Judgment dated 27.7.1988 quashed the aforesaid orders and also ordered refund of excise duty recovered from the respondents during the period from June, 1984 onwards, after verifying the particulars submitted by the respondents. 1995 2 SCR 595 The Judgment of the Court was delivered by PARIPOORNAN, J. Thereafter, the appellants moved this Court in S.L.P. The respondents filed Writ Petition No. Thereupon the respondents company filed Writ Petition No. The prayer for the issue of a certificate to appeal to this Court was also declined. The appellants herein filed Appeal No. Civil No. Leave granted.
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1995_1027.txt
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A.No.971/03 3 prosecutrix was returning home. Mohan Singh companyfronted prosecutrix whereas Sohan Singh caught hold of Shiela Devi. There, he companymitted offence of rape on the prosecutrix. Other accused Mohan Singh dragged prosecutrix in the nearby field and companymitted rape. P.W.3 prosecutrix did number lodge an FIR immediately. The prosecution case was based on fard bayan of P.W.3 prosecutrix. Mohan Singh got in full grip of prosecutrix and forcibly took her to the nearby maize field. In the meantime, on alarm being raised, P.W.2 husband of prosecutrix came. When both of them reached maize field of Garif Singh, Sohan Singh took out his pistol and pointed it towards them. A.No.971/03 2 The prosecution case, in short, is as under On 23th July 1983 at about 7.00 p.m., P.W.3 prosecutrix was returning home along with Shiela Devi, her sister in law, after giving fodder to cattle. After they had proceeded few steps from the place, Sohan Singh aged 19 years and his brother Mohan Singh aged about 22 years waylaid them. After companying out from the field, the other brother also went to companymit the same but on companymotion being raised, husband of prosecutrix, viz.,
Ram Prakash appeared. He was assaulted by both of them, with the butt of the pistol. Subsequently, Sohan Singh also repeated the crime of sexual assault upon her. P.W.1 Shiela Devi has deposed that incident had taken place about eight years back on one Saturday evening. Deepak Verma, J. Appellants, two in number, were charged and prosecuted for companymission of offence under Section 376 2 g of the Indian Penal Code for short, IPC for having companymitted rape on prosecutrix at about 7.00 p.m. on 23rd July 1983 by 5th Additional Sessions Judge, Begusarai in Sessions Trial No.94 of 1998 decided on 26th September 1991, who found them guilty and awarded four years jail sentence to each one of them. Ram Prakash was assaulted by both the accused and thereafter they ran away from there. They threatened them on the point of pistol number to raise any alarm, otherwise they would be met with dire companysequences. Obviously, both the accused fled away from the place of occurrence. The same was lodged on 24th July 1983 at about 8.30 in the morning. Reasons have been assigned by her as to why she was number able to lodge the FIR immediately, which have been found by both the companyrts below to be reasonable and plausible. The appeal of the accused appellants has been dismissed and the companyviction of the appellants under Section 376 2 g of IPC has been upheld and sentence of four years awarded by Trial Judge has also been affirmed. Thereafter, some other villagers came on the spot. On the said date, she, along with Crl. The said judgment of the learned Sessions Judge was subject matter of challenge at the instance of the appellants in the High Court of Patna by filing Criminal Appeal No.360 of 1991 decided on 17th December 2002. Hence, this appeal. He sustained injuries.
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2009_1916.txt
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Harchand Singh and Jaswant Singh were accordingly companyvicted and sentenced as above. Jaswinder Singh, Gajjan Singh and Labh Singh had gandasas, Jaswant Singh had takwa. It was further stated by Ram Asra that injuries to Ajaib Singh deceased had been caused by Harchand Singh with a drat sickle and by Jaswant Singh with a kirpan. Sadhu Singh and Harchand Singh at that time were armed with barchhas. They rushed to the spot where Ajaib Singh was being assaulted. The trail companyrt acquitted Sadhu Singh, Gajjan Singh and Labh Singh. After her death, the land of Gulab Kaur was under the cultivating possession of Ajaib Singh and Teja Singh. One of the appeals was by Harchand Singh, Jaswant Singh and Jaswinder Sing, challenging their companyviction. Amarjit Singh, Mal Singh and Teja Singh were stated to be present in a nearby field at that time. HArchand Singh and Jaswant Singh thereafter came up in appeal to this Court by special leave. for the respondent The Judgment of the Court was delivered by KHANNA, J. Harchand Singh, Jaswant Singh, Jaswinder Singh, Sadhu Singh, Gaijan Singh and Labh Singh were tried in the companyrt of Additional Sessions Judge, Ludhiana in companynection with an occurrence which resulted in the death of Ajaib Singh. The occurrence, it is stated, was witnessed by Ajaib Singhs two sons Amarjit Singh and Mal Singh as well as by his brother Teja Singh. The accused are companylaterals of Jwala Singh, husband of Gulab Kaur and felt aggrieved because of the execution of the will by Gulab Kaur in favour of Ajaib Singh and Teja Singh. ASI Harbhajan Singh then went to the hospital and recorded statement PIK of Ajaib Singh at 7.30 p.m. Ajaib Singh was put on a cart was taken first to Duraha and thereafter to Payal. Ajaib Singh died in the hospital soon thereafter at 8.45 p.m. Intimation about the recording of the dying declaration of Ajaib Singh was sent to police station Payal. The High Court acquitted Jaswinder Singh. Harchand Singh then got recovered a blood stained barchha. The other appeal was by the State of Punjab wherein it was prayed that the companyviction of Harchand Singh,jaswant singh and Jaswinder Singh should be under section 302 read with section 34 Indian Penal Code. The prosecution case is that Gulab Kaur widow of Jwala Singh made a will of land measuring about fifty bighas in favour of Ajaib Singh deceased and his brother Tej Singh. In the said statement, Ajaib Singh gave the version of the occurrence as given above. According to Ram Asra, only three of the accused, namely, Harchand Singh, Jaswant Singh and Jaswinder Singh were present at the time of the occurrence, while the other three accused were number present. The accused also stared inflicting injuries upon Ajaib Singh with their respective weapons. Jaswant Singh got recovered a blood stained takwa, while Jaswinder Singh got recovered a blood stained gandasa. The six accused, who were present at their well close to the well of Ajaib Singh, then came there. If that was the purpose for which they were going to the well, they would have gone there before and in any case number after Ajaib Singh deceased so that they might prepare the channel before Ajaib Singh started operation of the persian wheel at the well. Amarjit Singh, Mal Singh and Teja Singh claimed that they were proceeding from their house to the well with Tokras and Kahis for the purpose of companysolidating the new channel with earth filling. The trial companyrt did number also place any reliance upon the dying declaration of Ajaib Singh. As the doctor was number available either in the Duraha Hospital or Payal hospital, Ajaib Singh was taken in a taxi to Khanna. On arrival there, the accused stated that they would number allow Ajaib Singh to take water from the well. The appeal by the State against Harchand Singh and Jaswant Singh was accepted and those two accused were companyvicted under section 302 read with section 34 Indian Penal Code and each of them was sentenced to undergo imprisonment for life. Relying upon the evidence of Ram Asra, the trial companyrt companyvicted Harchand Singh and Jaswant Singh for offence under section 304 part 11 read with section 34 Indian Penal Code. Gulab Singh died about two years before the present occurrence. The High Court was further of the opinion that the case against Harchand Singh and Jaswant Singh fell under section 302 read with section 34 and number under section 304 part II read with section 34 Indian Penal Code. Jaswinder Singh, who was stated to be emptyhanded, was companyvicted under section 323 Indian Penal Code. The High Court after taking into companysideration the evidence of those three witnesses as well the evidence of Ram Asra PW came to the companyclusion that the companyplicity of Harchand Singh and Jaswant Singh was established beyond any reasonable doubt. When the matter was taken up in appeal to the High Court, the learned Judges took the view that the trial companyrt was number justified in throwing over board the testimony of Amarjit Singh, Mal Singh and Teja Singh. A case was thereupon registered at that police station and a formal first information report was prepared on the basis of the dying declaration of Ajaib Singh. Post mortem examination on the body of Ajaib Singh deceased was performed by Dr. Gurcharan Singh Randhrawa on June 13, 1966 at I p.m. At the trial the accused the prosecution allegations and stated that they had been falsely involved in the case. The trial companyrt did number place any reliance upon the testimony of Amarjit Singh PW2 , Mal Singh PW 3 , and Teja Singh PW4 who were examined as eye witnesses of the occurrence and who had supported the prosecution case, as given above. They were at a distance of about 60 karams from the place of occurrence when they, heard alarm being raised and on companying nearer they saw the six accused inflicting injuries upon Ajaib Singh deceased, As against, that, the version of Ajaib Singh deceased in the dying declaration was that the above mentioned three witnesses were working in the field nearby when he was assaulted by the accused. So far as Jaswinder Singh was companycerned, the High Court held that numbercase has been proved against them. Sub Inspector Hoshiar Singh took over the investigation of this case. Harchand and Jaswant Singh were companyvicted by the trail companyrt under section 304 part It read with section 34 Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for a period of seven years. Jaswinder Singh was companyvicted under section 323 Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of one year. On June 12, 1966 at about 10 or 11 a.m., it is stated, Ajaib Singh went to work his well known as nawa Khu in the area of village Jaipura. The party arrived at Khanna hospital at about 6.30 p.m. Dr. Shamsher Singh incharge of the hospital then sent an intimation to police station Khanna statin that Ajaib Singhs companydition was serious and his statement might be recorded. He arrested the accused on June 16, 1966 when they were found to be hiding at Duraha power house. The different accused were thereafter interrogated. The accused then ran away. Ram Asras statement, it would appear from the record, was recorded by the police on June 13, 1966 during the investigation of the case. Nuruddin Ahmed and D. Goburdhan, for the appellants. 320 and 672 of 1967. Two cross appeals were thereafter filed in the Punjab it Haryana High Court. From the Judgment and order dated the 23rd April, 1969 of the Punjab and Haryana High Court in Criminal Appeal Nos. S. Marwah and R. N. Sachthey. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 32 of 1970.
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1973_408.txt
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The Tenancy Awal Karkun found that the possession of the land was handed over to the husband of the respondent in proceedings initiated by him under Section 31 of the Act as per the order of the Mamlatdar dated May 6, 1957. The case of the appellant before the Tenancy Awal Karkun was that the possession of the said land was handed over to the husband of the respondent by him in proceedings initiated under Section 31 of the Bombay Tenancy Agricultural Lands Act, 1948 hereinafter referred to as the Act and that before the expiry of the statutory period of twelve years she had leased it out to one Damu Kalu Suryavanshi on March 21, 1969 therefore, he was entitled to restoration of possession. He also found that in view of subsequent leasing out of the land by the respondent before twelve years from the date of taking possession of the land, the appellant became entitled to resume the land. It was held by the Tribunal i the surrender pleaded under Section 15 was a valid surrender, therefore, the appellant was number entitled to get back the possession ii as the respondent was a widow she was entitled to the benefit of cultivating the land through a tenant as provided in Section 2 6 of the Act and her right to be in possession of the land was number lost. Appeal against the said order of the Tenancy Awal Karkun before the Sub Divisional Officer having been unsuccessful, the respondent filed a revision before the Maharashtra Revenue Tribunal. The respondent defended the application on two grounds first, that she, being a widow, is entitled to cultivate the land personally which includes through a tenant as provided in Section 2 6 of the Act and there is numberscope to invoke Section 37 so as to give the appellant right to claim restoration of possession secondly, it was pleaded that he had surrendered the land under Section 15 of the Act in which case the provisions of Section 37 of the Act would number be attracted and the question of restoration of possession did number arise. 2001 3 SCR 95 The following Order of the Court wad delivered The appellant is the dissatisfied tenant who parted with the possession of agricultural land bearing Survey No. The facts relevant for disposal of this appeal may be numbered in brief The respondent is the widow of late Bapu Lohar who was the landlord of the said land. 3742 of 1981 but was later transferred to the Auragabad Bench and renumbered. 250, measuring acres 13 guntas 5 situated at Belpimpaltaon Taluq Newasa, Distt. 3099 of 1989 which was initially filed before the Bombay Bench as Writ Petition No. Ahmednagar. The Tribunal thus allowed the appeal of the respondent on January 31,1981. That order of the Tribunal was assailed by the appellant in the writ proceedings, referred to above, in the High Court. He is in appeal before us, by special leave, against the judgment and order dated June 23, 1994 of the High Court of Judicature at Bombay in Writ Petition No. By the order, impugned in this appeal, the High Court dismissed the writ petition of the appellant which led to filing of this appeal.
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2001_312.txt
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he was transferred from calcutta to jaipur under the order dated 14.3.1985 and he was relieved of his duty from regional passport office calcutta w.e.f. 1987 of the calcutta central administrative tribunal companyrt in t.a. 6835 to 6837 of 1986.
the respondents writ petition pending before the calcutta high companyrt was subsequently transferred to the central administrative tribunal calcutta bench. this appeal is directed against the order of the central administrative tribunal calcutta dated numberember 30 1987.
the respondent was posted as public relations officer in the regional passport office calcutta. the respondent instead of joining at jaipur filed a writ petition before the calcutta high companyrt and obtained interim injunction. 15.3.1985 with the direction to report for duty at jaipur. number 452 of 1987/c.o. later on companytempt proceedings were initiated by the respondent against the appellants and the high companyrt passed an order dated 11.10.1985 directing the appellants to allow the respondent to join at calcutta office and to pay all arrears of salary to him. 6078 w. of 1985.
ramaswamy additional solicitor general t.c. the tribunal by its order dated numberember 30 1987 disposed of the writ petition. civil appellate jurisdiction civil appeal number 2942 of 1989.
from the judgment and order dated 30.11. girish chandra for the respondents. sharma and c.v.
subba rao for the appellants. a number of orders were passed by the high companyrt in respondents favour but all those orders have been set aside by this companyrt in civil appeals arising out of special leave petitions number. the following order of the companyrt was delivered order leave granted.
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1989_492.txt
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48,000/ the respondent was given custody of the vehicle Subsequently, present appellant number2 directed companyfiscation of the vehicle. present appellant number 1 it was submitted that respondent writ petitioner was the owner of the Vehicle and had numberknowledge that the vehicle was being used for carrying companytraband liquor. Writ petition was filed by the respondent with the following averments On 21.11.1994 a close friend of the respondent by name Banappa took the said jeep for his use and subsequently the respondent came to know that the vehicle was cheked by the excise officials on 21.11.1994 and they found in the vehicle two cartons of IML each companytaining 46 nips. carrying companytraband liquor was to be returned to the respondent. The respondent represented to the authorities that he is number involved in the alleged offence and he had numberknowledge or companysent for the alleged offence and that since the vehicle was used by a third party the proceedings for companyfiscation are number warranted. present appellant number 2 rejected the request of the respondent for interim custody of the vehicle pending proceeding, by order dated 7.1.1995. By the Impugned judgment, the High Court held that vehicle which was seized for alleged companymission of offence punishable under the Andhra Pradesh Excise Act, 1968 in short the Act i.e. 26.11.1993. The said proviso was omitted by Andhra Pradesh Act 4 of 1994 w.e.f. The High Court accepted the plea on the ground that there was numbermens rea involved. 20291 of 1995, dated 17.9.1995 and after furnishing bank guarantee for a sum of Rs. The 2nd respondent in the High Court i.e. Challenge in this appeal is to the judgment of Division Bench of the Andhra Pradesh High Court in writ Petition 27180 of 1999. Subsequently after obtaining orders from the High Court in writ petition No. Respondent filed writ petition before the High Court questioning orders passed by the appellant number2 and the appellate authority i.e. The effect of omission of the proviso does number appear to have been companysidered by the High Court. The 2nd respondent in the High Court present appellant number 2 registered the case under the provisions of the Act. ARIJIT PASAYAT, J.
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2007_1217.txt
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Janardhan, the father of the respondent was admittedly the tenant of this land on 1st April, 1957. Babu Vithu Gaikwad whose heirs and legal representatives are the appellants in this Court was the original tenant in respect of the aforesaid land. After one year of such withdrawal, Babu Vithu Gaikwad the tenant had filed an application under Section 32F read with Section 32G of the Act on 2nd August, 1965. The said Janardhan applied to the Tribunal for purchase of the land and fixation of price of the same. In these proceedings, on 6th October, 1967, a statement of the tenant was recorded that he was willing to purchase the disputed land. MRT P 14 of 1981 by which the Tribunal had companyfirmed the order passed by the Tehsildar in Tenancy Case No.32 FG/54/78 dated 31st August, 1978. The additional Tehsildar rejected the application of the tenant by his order dated 28th January, 1973. In companypliance with Section 31 of the Bombay Tenancy and Agricultural Lands Act, 1948 hereinafter called the Act , the respondent No.1 issued numberice to Babu Vithu Gaikwad since deceased for termination of his tenancy in respect of the aforesaid land. The Tribunal went into the records and held that Tarachand was the recorded landlord and being under numberdisability and Janardhan being tenant of the land, by operation of law, became deemed purchaser and all subsequent proceedings were null, void and numberest. Before his death, landlord Tarachand had executed a will and bequeathed the suit land to Ashoklal Gugale who got his name mutated in the revenue record in respect of the suit land in his favour as owner. A partition of the aforesaid land was affected by the deceased father of the respondents by which the disputed land was allotted to him. Landlord Tarachand died on August 12, 1959. After a month by his order dated 31st August, 1978, the Additional Tehsildar held that under Section 32F the right of the tenant to purchase the aforesaid land was forfeited and, hence, directed that proceedings companyld be initiated under Section 32P of the Act. Aggrieved by this order, the tenant preferred an appeal before the Additional Collector, Pune and by an order dated 27th October, 1980 he allowed the appeal and remanded the matter back to Additional Tehsildar for holding an enquiry under Section 32G to 32R of the Act for fixing the price for purchase in accordance with law. Being aggrieved, the landlord respondent No.1 filed a revision petition before the MRT, Pune which was allowed by the tribunal by an order dated 30th August, 1983 and against this order the tenants had filed a writ petition in the High Court of judicature at Bombay, which was dismissed by the impugned order in respect of which special leave petition was filed and leave was granted. The tenant filed an appeal before the Sub Divisional Officer which was allowed and the matter was remitted back to the Additional Tehsildar for fresh disposal. The facts leading to the filing of these appeals in short may be stated as follows Agriculture land for short the aforesaid land bearing Survey No.175/1 admeasuring 2 acres and 11 gunthas situated at Village Biwadi, Tal Purandhar, District Pune was owned by Sadashiv Purandhare, father of the respondent No.1 Chintaman Sadashiv. By the order dated 1st October 1997, the learned Single Judge of the High Court dismissed the aforesaid writ petition in which the appellants prayed for quashing a judgment and order of Maharasthra Revenue Tribunal in short MRT dated 30th August, 1983 in Revision Application No. The landlord respondent No.1 had failed to take out proceedings under Section 29 of the Act until he filed an application on 27th March, 1962. However, on the date of mutation, Ashoklal was a minor. The revision application was thus allowed and the order passed by the Appellate Authority was set aside and that of the Tehsildar was restored. He attained majority on 6th October, 1960. Since the application under Section 29 of the Act was time barred, the proceedings taken out by the landlord respondent No.1 were withdrawn on 5th September, 1964. Feeling aggrieved by this order of the Revisional Authority, the appellants filed a writ petition before the High Court which came to be registered as Writ Petition No.139 of 1984 and by the impugned order the High Court dismissed the writ petition and held that there was numbererror of jurisdiction number was there any error apparent on the face of the record and accordingly the order passed by the Tehsildar and affirmed by the MRT was perfectly valid and did number warrant any interference. On the tillers day, i.e., 1st April, 1957 the respondent No.1 was a minor. These appeals are preferred against the final order 1st October, 1997 and order dated 15th September, 1999 passed in A.No.8320 of 1997 by a learned Single Judge of the High Court of Judicature at Bombay in Writ Petition No.139 of 1984. In the application under Article 227 of the Constitution, a prayer was also made by the appellants to restore the order passed by the Appellate Court in Tenancy Appeal No.56 of 1979 dated 27th October, 1980. Feeling aggrieved by this order of the High Court, the appellants preferred special leave petition in this companyrt. TARUN CHATTERJEE, J. This termination numberice was issued within one year of attaining the age of majority.
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2007_507.txt
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Testing . The samples of the meters were sent to the Additional Chief Engineer Testing for evaluation. The tender specification by specification numberice NO. Testing on 16.04.2008 itself about his programme to attend the presentation at New Delhi. On testing of sample meters by the team of officers, only four bidders were found technically qualified which also included one bidder M s. Secure Meters. P 28/2007 08 was issued by the Company for procurement of 10 lakh meters on 09.01.2008. I formed a team of engineers and technicians to test the sample meters submitted by the bidders. I have number received any companyplaint from any bidders regarding the testing of meters so far I remember. On 17.04.2008, the appellant attended the IEEMA Conference at New Delhi and returned on 17.04.2008 to Calcutta itself. Testing about his going to New Delhi to attend IEEMAs Conference. P 28/2007 08 was subsequently cancelled. The appellant got his Air Tickets booked from Globe Travel Agents, who were the travel agents of M s. Secure Meters for to and fro visit to Delhi. Other two bidders were also successful bidders having offered rates lower than M s. Secure Meters. P 28/2007 08 was ultimately cancelled, hence it is number a case of any benefit obtained from M s. Secure Meters out of the tenders. Inquiry Officer was number right in his companyclusion that getting ticket booked through the Travel Agent by M s. Secure Meters is equivalent to borrowing money by the appellant from M s. Secure Meters. P 28/2007 08 P II was actually prepared by the Advisor SV and finally settled by the Adviser SV and myself. P 28/2007 08 PC II the appellant was merely involved in preparation of specifications and the technical report was submitted by the Additional Chief Engineer Distt. The meter testing was made as per pre scheduled date and representative from SLP Wing and other interested bidders were allowed to witness the testing. P 28/2007 08, it was clearly stated that specification was prepared by the Adviser SV and finally decided by the Adviser SV himself, i.e., Additional Chief Engineer Distt. On 28.04.2008, the appellant paid the entire amount of Rs.12,350/ to M s. Secure Meters for payment of the aforesaid invoice raised by Globe Travel Agency. It is further relevant to numberice that insofar as the appellants role in providing for technical specifications for tender and his role in selection of M s. Secure Meters in acceptance of technical bid or in decision regarding acceptance of tenders, the appellant had numberrole to play. 12,350/ for the return air ticket of the appellant upon M s. Secure Meters as the booking was done through them. Insofar as booking of air tickets by Globe Travel Agency is companycerned, numberpayment of bill was paid by M s. Secure Meters rather payment was made by the appellant of the bill amount of Rs.12,345/ to M s. Secure Meters, receipt of which was filed during the inquiry. The Additional Chief Engineer Distt. P 28/2007 08 and its details, following statement was made by PW4 Tenders specifications vide Notice No. Nineteen bids along with their respective sample meters were received by the Company on 08.02.2008. Tender No. The Tender No. The specification, which was referred above, was presented by the Adviser SV in a meeting where all the Technical Directors were present. P 2/2007 08/ P II was published for purchase of 20 lakh meters which tender was cancelled for technical reasons. PW4, the Additional Chief Engineer Distt. The draft specification submitted by the appellant was approved by the companypetent authority, which technical specifications were to be provided to all bidders and was an open document. Sri Ghosh, CO informed me regarding his intention to attend meeting on 17.04.2008. In the instant case the engineers of the SLP Wing were present during testing. On 26.03.2008, the appellant received the personal invitation from an organization IEEMA to attend a presentation organised in New Delhi. The Chairman of the Company on 31.03.2008 approved the opening of the price bids of the three technically suitable bidders, bids were opened and M s. Secure Meters was declared the successful bidder to the highest rate. The charge sheet also listed several documentary evidences including invitation from IEEMA dated 17.04.2008, the attendance sheet of participants in the presentation held on 17.04.2008 at New Delhi. In February, 2007 he was asked to prepare a draft specification of single phase static meters. On 13.03.2008 the said meters were tested by a team of officers and technicians which included the appellant. Further, insofar as specification regarding Notice No. The CO had intimated me on 16.04.2008 in the evening prior to leaving New Delhi that he was going to New Delhi for attending the said meeting I never restrained or forbidden the CO from going to New Delhi. Fresh specifications drafted by Advisor Security and Vigilance and settled by Additional Chief Engineer District Testing was approved by all Technical Directors of the Board of Directors and the Chairman cum Managing Director. On 16.04.2008, the appellant informed his immediate superior Officer, Additional Chief Engineer Distt. On 18.04.2008, the Globe Travel Agency raised an invoice of Rs. Further, it is on the record that the appellant had informed his superior, Additional Chief Engineer Distt. The presentation organized by IEEMA was a programme organised by a private organisation on the subject of presentation MIOS Meter Inter Operative System , which subject was relevant and beneficial to all who were companycerned with the subject. The testing reports as in Ext.7A, Ext.7B, Ext.7C respectively were prepared in an approved format of the Company. It is further stated by the witness that the appellant informed him regarding his intention to attend the meeting on 17.04.2008. i he gave a presentation in the seminar on 17.04.2008 at New Delhi hosted by IEEMA without having any permission from his higher authority ii he availed the hospitality of SML as his air fare from Kolkata to New Delhi on 16th April, 2008 and return journey from New Delhi to Kolkata on 17th April, 2008 was borne by SML when he was officially dealing with SML in the tender process, which was pending finalization for placement of orders to the successful companypany of suppliers. The appellant on 13.05.2008 submitted his resignation to the Company. Testing , who was produced on behalf of the employer in support of the charges, himself in his statement has clearly stated about the role of the appellant. Sri Ghosh, CO was number present in that meeting. After companypletion of the testing by the respective officers and technical to whom it was allotted, I personally made certain sample checking and being fully satisfied I submitted technical evaluation report in this regard. Testing , Shri Subrata Kumar Das was produced by employer as PW.4 in support of the charges, who in his statement has clearly mentioned about the invitation by the appellant having been placed before him and appellant having intimated in the evening of 16th April, 2008 prior to leaving for New Delhi that he was going to New Delhi for attending the meeting. A charge sheet dated 28.05.2008 was submitted. On 24.04.2008, on an enquiry by the Corporate Vigilance Department of the Company to Globe Travel Agency about the appellants ticket, which informed that the payment towards the aforesaid invoice was still due. Thus, the appellant attended the presentation at New Delhi with the prior information to his superior officer and also shown his invitation. Following was stated by PW4 in his cross examination The CO had shown me the letter Ex.13 received from IEEMA by himself. Testing by order dated 24.04.2008 ex post facto the sting of charge goes away. The appellant has made the payment on 28.04.2008 for an amount of Rs.12,350/ against the bill raised by the Travel Agency dated 18.04.2008, money receipt dated 28.04.2008 was filed in the proceedings, which has number been disbelieved, thus, it was the appellant, who made the payment for the journey from Delhi Calcutta and Calcutta Delhi. The CO was neither a member of the companye companymittee number he was present during the discussion of the companye companymittee. P.Biswas, SE and Sri Ghosh, CO assited me in the process. The period of suspension in respect of Sri Rathin Ghosh, S.E. After I send the technical evaluation report a separate companye companymittee companyprising higher officials take decision towards the acceptance of the technical evaluation report. The appellant submitted his reply. On 29.04.2008, the respondent Company suspended the appellant and initiated disciplinary proceedings. Considering all aspects in open mind including the past service records, I finally impose the following punishment upon Sri Rathin Ghosh, Superintending Engineer E under suspension Dismissal from service. The above statement of PW4, who was produced on behalf of the employer, clearly indicates that the appellant was neither a member of the companymittee number he was present during the discussion of the companye companymittee, who was authority companypetent to accept the tenders. The appellant was neither a member of the companye companymittee number he was present during the discussion of companye companymittee where decision was taken. The Inquiry Report found charges proved against the appellant. Inquiry Officer submitted his findings on 26.12.2008. The charge sheet also enlisted the list of witnesses who were proposed to be examined in support of the charge sheet. The reply did number find favour with the Company and disciplinary enquiry was initiated. On 20.06.2008, the appellant submitted a detailed reply to show cause. The appellant was suspended alleging gross misconduct tarnishing the image of the Company. The appellant submitted his representation on 24.01.2009 to the findings in the enquiry. Reply to the second show cause numberice was also submitted by the appellant. Hence, numbermisconduct was companymitted by the appellant inviting any punishment. He thus placed himself under pecuniary obligation under SML. Second show cause numberice was issued to the appellant which also mentioned the proposed punishment of dismissal from service, permanent withholding of pension for life time, forfeiture of entire gratuity and number payment beyond the subsistence allowances during the suspension period. The Company issued a second show cause numberice dated 28.03.2009. The charge sheet was served on the appellant on 28.05.2008 for proposed enquiry to be held under Regulations 61 and 63 of WBSEB Employees Service Regulations. The substance of the charges against the appellant as numbered in the impugned judgment dated 20.09.2017 and extracted above were twofold. The appellant, who had 22 years unblemished service to his credit, felt hurt by the act of the Company suspending him. Shri Shyam Divan, learned senior companynsel assisted by Shri Udayaditya Banerjee, learned companynsel for the appellant companytends that the appellant had unblemished service of 22 years and the charges which were levelled against the appellant were number companyrect. On 10.06.2008, the appellant received companymunication that his resignation had number been accepted due to the number completion of the disciplinary proceedings. Signature Not Verified Digitally signed by ARJUN BISHT Date 2019.07.29 132322 IST Reason The appellant was appointed as Graduate Engineer Training in the year 1985 in the West Bengal State Electricity Board, which subsequently was restructured and reorganized to form the West Bengal State Electricity Distribution Company Ltd. hereinafter referred to as Company . The writ petition was heard by the learned Single Judge and by judgment dated 29.06.2015 learned Single Judge allowed the writ petition by following order For the reasons discussed above, the entire disciplinary proceeding including the order of suspension dated 29th April, 2008, the charge sheet dated 25th May, 2008, the enquiry report dated 26th December, 2008, the order of punishment dated 2nd June, 2009 and the appellate authority order dated 10th November, 2009 are set aside and quashed. The appellant also expressed his willingness to pay the Company three months salary in lieu of numberice. The respondent has filed appeal before the Division Bench of the Calcutta High Court questioning the judgment of learned Single Judge passed in Writ Petition No.2712 W of 2010 Rathin Ghosh vs. West Bengal State Electricity Distribution Company Limited, whereby the writ petition was allowed setting aside the dismissal order of the appellant with all companysequential benefits. The appeal filed by the appellant against the order of punishment was also dismissed. The appellant on account of his work and companyduct was promoted to different posts and in the year 2007, he was holding the post of Superintending Engineer. Aggrieved against the punishment order as well as order dismissing the appeal Writ Petition No.2712 W of 2010 was filed by the appellant. He will number earn anything beyond the subsistence allowances payable to him during the period of suspension. The disciplinary authority passed an order on 02.06.2009 by which following punishments were awarded I have companysidered the gravity of the misconduct and the circumstances under which the misconduct was companymitted. Learned companynsel for the petitioner says that this is acceptable to him. forfeiture of entire gratuity. It was companymunicated to the appellant on 10.11.2009. The appellant in his resignation letter mentioned that his order of suspension is an act of vengeance instigated by the parties whose personal agenda had been disturbed by his honest intentions. The respondents are directed to reinstate the petitioner within 6 weeks from the date of companymunication of this order and to start payment of the petitioners monthly salaries and other allowances, month by month. Aggrieved by the judgment of the Division Bench, this appeal has been filed by the appellant. The Division Bench by its judgment dated 20.09.2017 allowed the appeal and set aside the judgment of the learned Single Judge. The respondents are also directed to treat the petitioner in service without any break as if numberorder of dismissal was ever issued to the petitioner. Witnesses were cross examined by the appellant. The Division Bench of the High Court in the impugned judgment has itself numbericed twofold charges in the following words The charges against the delinquent employee were two folds i.e. The Chairman and myself were also present there. The findings were forwarded to the appellant by letter dated 30.12.2008 by the respondent. Permanent withholding of pension for lifetime. The appellant was number involved in any such manner. This will also necessarily mean that the departmental proceedings against the petitioner initiated by the respondents will stand quashed without going into the merits of the case. When the matter was again taken by this Court on 09.04.2019, learned companynsel for the respondents submitted that the proposal recorded in the order of this Court on 09.10.2018 is number acceptable to the respondents and the matter be heard on merits. The companyclusion of the Inquiry Officer is perverse and number supported by the material on record. The petitioner will also be entitled to receive full back wages for the period he was number paid the salaries in view of issuance of the order of dismissal which has been quashed in the writ application. Notice was issued by this Court on 24.11.2017. The respondent aggrieved by the judgment of learned Single Judge has filed the appeal before the Division Bench of the Calcutta High Court. This appeal has been filed challenging the judgment of the Calcutta High Court dated 20.09.2017 allowing the writ appeal filed by the respondent. The respondents are further directed to calculate the back wages payable to the petitioner in terms of this order and to disburse the same through 4 equal monthly instalments, the first of which should be paid within a period of 6 weeks from the date of companymunication of this order. Consequently, the appeal was heard on 16.07.2019. However, learned companynsel for the respondent says that he would like to take instructions in this regard. List the matter after three weeks. ASHOK BHUSHAN,J. In the above reference with regard to numberice No. This order takes immediate effect. E is hereby companyfirmed.
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2019_415.txt
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Sukhdev Singh in his statement Ex. Sukhdev Singh made the statement Ex. Aggrieved by paid to the widow of Sukhdev Singh. Sukhdev Singh was then shifted to Rajendera Hospital, Patiala for medical treatment. They denied to have met Sukhdev Singh, Mohinder Singh PW 4 and Madan Lal PW 5 on 22nd March, 1991 or requested Sukhdev Singh to accompany them for a drink and to search out a room on rent. The detailed statement of Sukhdev Singh since deceased was then recorded by Jagjit Singh, SHO PW 6 and marked as Ex. Saying so, Sukhdev Singh left the patrolling duty and went alongwith the appellants. Dr. Jagjit Kumar PW 9 had stated that Sukhdev Singh had sustained pellet injury on his spinal companyd. Jagjit Singh PW 6 admitted in his evidence that after recording the dying declaration of Sukhdev Singh, he became semi unconscious and was unable to speak. Sukhdev Singh, while in the hospital succumbed to his injuries on 2nd May, 1991. Thereafter, Jagjit Singh, SHO PW 6 went to the place of occurrence and found Sukhdev Singh was lying with bleeding injuries. PD/1, Sukhdev Singh became semi unconscious, it would be totally unsafe to accept the testimony of this witness to hold that Sukhdev Singh was in a fit companydition to make the dying declaration. He saw Sukhdev Singh, HC in an injured companydition lying on the road side. Saying so, according to the prosecution, both the accused and Sukhdev Singh left in the direction of Mandirwali Pulli. The prosecution, principally, relied upon two vital circumstances, 1 Sukhdev Singh was last seen together alive going alongwith both the accused and 2 statement of Sukhdev Singh Ex. Both the witnesses undoubtedly stated on oath that on 22nd March, 1991, when they were on patrolling duty alongwith Sukhdev Singh, the appellants came and asked Sukhdev Singh to companye alongwith them to find out a room on rent and also share a drink. Out of the amount of fine as and when realised, half of it shall be paid to the widow of Sukhdev Singh. Jindal PW 3 who was then Registrar at Rajendera Hospital, Patiala, examined Sukhdev Singh and gave the necessary medical treatment. Upon inquiry, Sukhdev Singh told him that A 2 fired at him through his revolver and thereafter they escaped with his service stengun. Having regard to the medical evidence and the admission of Jagjit Singh PW 6 that after recording the dying declaration Ex. PD/1 of Sukhdev Singh recorded by SHO Jagjit Singh PW 6 on 22nd March, 1991 between 8.30 and 9.00 p.m. Jagjit Singh PW 6 testified that on 22nd March, 1991, he was posted as an Inspector SHO, Police Station Sadar Patiala and on that day, he alongwith SI Kuldip Singh and other police officials were going in the area of Bahadurgarh, Seel road, in companynection with patrolling duty and investigation of a case bearing FIR No.76/91, PS Sadar Patiala. In view of this medical evidence, we have numberhesitation in upholding the finding of the Trial Court that Sukhdev Singh died a homicidal death. Coming to the vital vital circumstance, namely, Sukhdev Singh was last seen alive in the companypany of the appellants and in order to prove this fact, prosecution strongly relied upon the evidence of Mohinder Singh PW 4 and Madan Lal, PC PW 5 . It is in these circumstances, we do number feel it safe to accept their evidence on this vital circumstance, namely, Sukhdev Singh was last seen alive in the companypany of the appellants. The prosecution story as unfolded at the trial is as under Jagjit Singh, SHO PW 6 attached to the police station, Sadar, on 22 3 1991 was posted on patrolling duty in the jurisdiction of Bahadurgarh Town alongwith companystables Mohinder Singh PS 4 , Sohan Singh and Madan Lal PW 5 . While they were on duty near the gate of Escort Soetze Factory, Bahadurgarh, Paramjit Singh A 1 and Satnam Singh A 2 came there and told that they intended to have room on rent and for that purpose they requested Sukhdev Singh since deceased to accompany them so that they will have a drink and then find out the suitable room on rent. Suffice it to mention that according to Dr. Jagjit Kumar, Sukhdev Singh sustained as many as five injuries, of which, spinal injury was caused by fire arm and the cause of death was shock due to the said spinal injury. Both these witnesses were members of the patrolling duty and even after knowing that on 22nd March, 1991, Sukhdev Singh left alongwith the appellants and was admitted in the hospital in an injured companydition, they did number companye forward to tell about this fact. PD/1 stated that when he was posted at PAP, Bahadurgarh as Hawaldar and was on patrolling duty on 22nd March, 1991 alongwith C.Mohinder Singh PW 4 and Madan Lal PC PW 5 at about 8.00 p.m., Paramjit Singh A 1 and Satnam Singh A 2 came near the gate of Escort and Goetze Factory, Bahadurgarh, whom, he was knowing earlier. It is alleged by the prosecution that one gentleman on bicycle informed Mohinder Singh PW 4 and Madan Lal PW 5 who were on patrolling duty that a person in the police uniform was lying in an injured companydition near Mandirwali Pulli. Dr. Jagjit Kumar PW 9 carried out the post mortem examination and his report is at Ex. The spinal injury was possible with shotgun since there were pellets. No explanation whatsoever was given by the Investigating Officer Gurmeet Singh PW 11 as to why their statements companyld number be recorded earlier. Accordingly, he went alongwith them to Seel Road and when they reached near Mandirwali Puli, A 2 took out the revolver from his dub and fired at him. He sustained a fire arm injuries and fell down. PD/1 which he recorded and forwarded the same to the Sadar Police Station for recording formal FIR. This witness was cross examined at great length and after going through his evidence and the companytents of the dying declaration Ex. The next circumstance strongly relied upon by the prosecution to prove the companyplicity of both the appellants was the alleged dying declaration Ex. No one came to him due to fire arm injury sustained by him. Judge, Designated Court, District Jail, Nabha, under Sections 302/34 and 397 of the Indian Penal Code as also under Section 3 of TADA. On the basis of this statement, a crime was registered under Sections 307/34 IPC 3,4,5 and 6 of TADA and 25 of the Arms Act. During the cross examination, he stated that bullet companyes out of revolver, stengun and pistol whereas pellets are from shotguns. Accordingly, an FIR was registered Ex. Chinnasamy, Devender P.Singh, Advs. 20261, Batt No. After companypleting the investigation, both the accused were put up for trial for the offences punishable under Sections 302//307/382/394/397/34 of the Indian Penal Code as also under Section 25 of the Arms Act and under Sections 3,4,5 and 6 of TADA. Suri, Adv. In addition to the above, it also relief upon the evidence of formal witnesses and the medical evidence to prove the cause of death. He further admitted that he did number record his remarks on the dying declaration that the maker was in a fit companydition to make such a statement. On the way, he became semi unconscious and did number regain companysciousness till he died on 2nd May, 1991. It is numbericed from the record that both the accused were arrested on 25th April, 1991 in another crime and were shown to have been arrested in the present crime on 28th April, 1991. For instance, the dying declaration apart from giving the names of his two companyleagues, it mentioned their buckle numbers and how he was tempted to go alongwith both the appellants. came to be recorded on 8th August, 1991 after about four and a half months. 2500/ and in default six months RI. 2500/ or in default six months RI. Judge, Designated Court, on appraisal of oral and documentary evidence on record held that the prosecution proved both the vital circumstances mentioned hereinabove as also other circumstances which companyplete the chain of circumstantial evidence. All these injuries were ante mortem. Ranbir Yadav, Adv. Wadhera, M.A. Thereafter, A 1 and A 2 took away his stengun No. Both the accused were also companyvicted under Section 3 of TADA and each of them was awarded imprisonment for five years and a fine of Rs. AS regards the entries in the medical papers at Rajendera Hospital, separate reference would be made in a short while. At the outset, it may be stated that the entire prosecution case rested on circumstantial evidence. Consistent with these findings, the Trial Court companyvicted A 2 under Section 302 of the Indian Penal Code whereas A 1 under Section 302/34 of the Indian Penal Code and sentenced each one of them to suffer imprisonment for life and to pay a fine of Rs.1000/ and in default RI for one year. Both the appellants were also companyvicted under Section 397 of the Indian Penal Code and were sentenced to suffer RI for seven years and to pay a fine of Rs. We have gone through the evidence of both these witnesses very carefully and we do number feel it safe to accept the same as credible one. Kurdukar Dr. B.L. We, accordingly do so. The main reason for discarding their evidence is that their statements under Section 161 of Cr. They told him that if he needed a room on hire, they would provide the same and they would sit somewhere to have the snacks. Aggrieved by this order of companyviction and sentence, the appellants have preferred the appeal under Section 19 of TADA to this Court. A 1 and A 2 in companynivance with each other with the intention to kill him and snatch the arms and ammunition brought him at the place of occurrence and fired at him. The Addl. During investigation, blood stained earth was companylected from the spot in a small tin box and after sealing the same, it was sent to the Chemical Analyser. Dr. R.P. According to them, they have been falsely implicated because of enmity. This Criminal Appeal under Section 19 of Terrorist and Disruptive Activities Prevention Act, 1987 for short TADA is filed by the appellants accused challenging the legality and companyrectness of the impugned judgment and order of companyvictions dated 15th February, 1996 passed by Addl. THE 10TH DAY OF DECEMBER, 1996 Present Honble Mr. Justice M.K. 86, two magazines and cartridges and ran away. The appellants accused denied the accusations leavened against them and claimed to be tried. Mukherjee Honble Mr. Justice S.P. He was unable to sign as his hands were shrinking. J U D G M E N T The following Judgment of the Court was delivered J U D G M E N T P.KURDUKAR, J. He was lying for long time. This companyplaint be recorded and action be taken. He lifted him by giving support and made inquiries. All the substantive sentences were ordered to run companycurrently. The market was already closed but the outer lights of the shops were on. They pleaded that they are innocent and they be acquitted. for R.S. for the appellants. P.C. for the Respondents.
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1996_1694.txt
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2 sachendra pratap singh. 1 the daughter and sachendra pratap singh p.w. 1 daughter of the deceased and sachendra pratap singh p.w. 2 sachendra pratap singh who are the daughter and son of suresh singh can be believed. sheela devi p.w. shiva pratap singh and lal pratap singh are companysins and the other accused per sons are said to be their associates. sheela devi and p.w. the accused paras nath singh ramendra pratap singh hari saran singh and lal pratap singh were sentenced to death under s. 302 read with s. 149 i.p.c. by p.w. according to her sarvashri ram pratap singh krishnapal singh ramesh prasad singh and ruddar pratap singh vakils live in the neighbourhood of her village. accused surendra pratap singh and ramendra pratap singh are brothers residing in a house adjoining that of the deceased being thus his next door neighbours. 1 and p.w. after the doctor had certified death of suresh singh p.w. c.i./73 singh mahabir singh ranmast singh and jagdish bahadur singh were also attracted by the alarm to the place of occurrence. the testimony of p.w. p.w 2 fully companyroborated p.w. shila devi and p.w. about five or six days prior to the murder ramendra pratap singh surendra pratap singh and one vijai bahadur singh are stated to have beaten the deceased inside his house giving rise to anumberher case under s. 107/117 cr. there was long standing enmity between the deceased on the one hand and ramendra pratap singh and his family members on the other. 1 and 2 the prosecuting companynsel applied to the trial companyrt stating that mahabir singh shiva pratap singh ranmast singh and jagdish bahadur singh were present in companyrt but as the prosecuting counsel had reason to believe that they would number speak the truth they were number being produced as witnesses by the prosecution. after the accused had run away p.w. on the way suresh singh expired near pipari. her mother came there and after arranging for an ekka suresh singh was taken to diwan mau from where suresh singh was taken to the hospital in a taxi. excepting surendra pratap singh and hari saran singh the remaining accused were also sentenced to rigorous imprisonment for one year each under s. 147 i.p.c. leniency was shown to them by the trial companyrt because surendra pratap singh was stated to be a budding lawyer and shiv pratap singh being of tender age 15 or 16 years old was companysidered to have apparently been misled by his relations. paras nath accused according to p.w. several other persons including shiva pratap 5 l796sup. it appears that after the examination of p.w. suresh singh appears to have expired on his way to the hospital near village pipari. 2 according to the trial companyrt was fully supported and companyroborated by his sister p.w. they went towards the side from which the numberse came and saw that their father was being beaten by lalji chotey lal sadhy and nankoo with lathis hari saran singh with ballam and munna who is also called sheo pratap singh with farsha. number turning to the occurrence in question on july 9 1968 suresh singh deceased had gone to pratapgarh on cycle for some work carrying with him his gun and cartridges. the doctor on examining suresh singh informed sheela devi that her father had already died and advised her to lodge a report at the police station kotwali. the trial companyrt also upheld the jurisdiction for number producing the other witnesses in companyrt. they surrounded their victim suresh singh shouting that he should be killed because he posed to be a great leader. nuruddin ahmad and u. p. singh for the respondents. the high companyrt after numbericing the circumstances in which the four witnesses mentioned earlier had been discharged by the trial companyrt companysidered it necessary to examine them itself as companyrt witnesses. about six or seven months prior to the present occurrence ramendra pratap is said to have tried to fire at the deceased on dewali day and a case under s. 307 i.p.c. the mother arrived soon thereafter and suresh singh was taken on an ekka to diwan mau from where he was taken in a taxi to the district hospital pratapgarh. accused paras nath singh was in addition sentenced to rigorous imprisonment for six months under s. 397 i.p.c. the six respondents hereinafter called the accused were charged with the murder of suresh singh on july 9 1968 and with the theft of his gun and cartridges along with the companytainer. relying on the evidence of p.ws 1 2 and 4 the trial companyrt convicted the accused persons as already numbericed. they were examined in the high companyrt in may 1970.
to be decided is whether the testimony of p.w. sachendra pratap singh w. 2 a boy who did number appear to the companyrt to be more than 12 or 13 years of age was first questioned by the trial companyrt by asking him unexpected but intelligent questions to which he gave rational and sensible answers which impressed the companyrt and the companyrt came to the conclusion that the boy understood the importance of justice and of taking oath and was fully companyscious of the desirability of speaking the truth when on oath. sheela devi also sent for her mother smt. 2 the son of the deceased. the cycle and a jhola belonging to the deceased and lying on the spot was sent home by sheela devi w. 1 through one mahabir. 1 had taken away with him the gun and the cartridge belt belonging to the deceased. the accused who were armed with lathis spears and farsha assaulted the deceased with their respective weapons. she sent her fathers cycle and jhola home through mahabir singh also requesting him to send her mother to the place of occurrence. the deceased and the accused are all thakurs by caste residing in village isanpur. for the theft of the gun and the cartridges along with their companytainers belonging to the deceased. w. 1 was about 19 years old when she gave evidence at the trial in july 1969 and p.w. at the trial the only eye witnesses deposing to the actual occurrence were smt. the said witnesses were in these circumstances discharged by the trial companyrt on july 9 1969.
the trial companyrt in a very detailed and exhaustive judgment dealing with every aspect in a very lucid manner came to the companyclusion that p.w. p.ws 1 and 2 companyld number. on his way back from pratapgarh the same evening at about sunset when he reached rakhaha bazar and was on the rakhaha bazar kandbai kachha road all the accused persons emerged from the nearby nala. the deceased fell down on receipt of injuries and the accused ran away carrying with them the gun and container of cartridges along with its companytents belonging to the deceased. he told her and the other persons who had assembled there that the accused persons had been hiding inside the nala and that they had forcibly taken him away from the road into the nala and beaten him. it was suggested that they companyld be examined by the companyrt under s. 540 cr. this is what the trial companyrt has said in this companynection the nature and number of injuries found on the person of the deceased and that too in a broad day light goes to show that the deceased was beaten mercilessly. further i am companystrained to observe that had the accused been on bail even the offsprings of the deceased i.e. 2 were both truthful witnesses and their sincerity and honesty in speaking the truth companyld number be doubted. after stating the principle governing the evidentiary value of the testimony of a child witness the trial companyrt made the. after holding the four witnesses examined by the high companyrt on appeal to be untruthful the high companyrt proceeded to scrutinise the evidence of p.ws 1 and 2.
after a thorough and detailed companysideration of the criticism levelled against their testimony by the companynsel for the accused persons the high companyrt observed we have therefore companye to the companyclusion that there is numberhing inherently imporbable in the statement of p.w.1 smt. the decision of the high companyrt it has been emphasised erroneous as it is has resulted in in reply mr.
nuruddin ahmad has with his usual persuasive eloquence criticised the evidence of the two eye witnesses ws 1 and 2.
while paying to these witnesses a high tribute for their intelligence and presence of mind and also while endorsing the impression of the trial companyrt that even on the matter of minute details p.w. she was cross examined at great length by four different lawyers defending the accused persons. this enmity is stated to be the motive for the murder of the deceased. if companysidered proper or the accused persons companyld examine them in their defence if they so liked. the high companyrt has according to the appellants submission seriously erred in ignumbering its own earlier companyclusion that the other witnesses dropped by the prosecution who were expected to companyroborate p.ws 1 and 2 were number prepared to speak the truth. the manner and the method which the p.ws. on hearing the alarm they went towards the mala where they saw the accused assaulting their father with lathis spears and farsha. this was a sufficiently companyent reason for number producing them and for placing companyplete reliance on the sole testimony of p.ws 1 and 2.
on the circumstances of this case according to the appellants companynsel the evidence of p.ws 1 and 2 had been rightly accepted by the trial companyrt and the high companyrt erroneously required further companyroboration for acting upon their evidence. she wrote out a report in the hospital and along with the dead body of the deceased she went to the police station and lodged the report in the kotwali. 1 who has unfolded the prosecution version about the occurrence in question. death sentence on four of them was also before that companyrt for companyfirmation. 1 were number produced as witnesses on the ground that they were number prepared to depose in favour of the prosecution at the trial. according to the defence companynsel was inapplicable and he also declined to examine these witnesses in defence. have exhibited in the witness box have left an everlasting impression in my mind about their sincerity and truthfulness. on this application the companynsel for the accused persons recorded a numbere opposing the suggestion and describing the allegation against the witnesses as baseless. 1 went near her father who. 1 smt. as a result of the investigation it was companysidered necessary also to frame a charge against the accused persons under s. 379 read with s. 149 i.p.c. sundari devi through the same man. an appeal was preferred to the high companyrt by the six accused persons against their companyviction and sentence and in the memorandum of appeal the only grounds taken were 1 that the companyviction was bad in law 2 that the companyviction was against the weight of evidence and 3 that the sentence was too severe. arising out of the said incident was pending at the time of the murder of the deceased. according to w. 1 she and her younger brother who had gone to rakhaha bazar in the afternumbern for buying parwal while returning to their home heard the alarm as they reached the kachcha road. even on the most minute details the witness did number confuse and gave companyvincing replies to them. 2 have unfolded the prosecution case deposing to the incident as witnessed by them. they were further companyvicted under s. 148 i.p.c. he too was cross examined at great length by all the defence counsel. 1 and 2 would have companylapsed under the weight of this trying and tiring cross examination. tile said witness was tried to be beguiled tempted and also brow beaten but to my utter surprise he maintained his mental composure throughout and did number yield any where during the cross examination. 1 was advised by the doctor to make a report in the sadar police station. had he number been an eye witness of the occur rence and had he been examined after tutoring he companyld number have remained firm even for a single moment. she wrote out a report of the occurrence ex. ka 1 at the hospital and gong with the dead body went to kotwali police station where she handed over the written report the same night at about 11.30 p.m. on the basis of which ka 18.
was prepared. the foregoing is the prosecution version. as a judge of fact i am definitely of the opinion that unless truthful and honest the p.ws. they took her father down into the nala shouting kill the sala he was playing the part of netagiri very much. these persons being under the influence of the lawyers she companyld number say if they would be willing to give evidence in support of the prosecution. she had herself to go to the kotwali to lodge the report because there was numberother adult male member left in their house. the judgment of the companyrt was delivered by dua j. the state of u. p. the appellant in this appeal by special leave assails the judgment of the allahabad high court dated may 18 1970 acquitting on appeal the six respondents in this companyrt who were companyvicted by the companyrt of the first temporary civil sessions judge pratapgarh on september 1 1969 of various offences under the indian penal companye. 302/147/1481 149 p.c. the other persons mentioned in the f.i.r. 2 about 13 or 14 years old. section 540 cr. and sentenced to rigorous imprisonment for two years each. 1 on all material points. this psychoanalysis of the situation too has to be kept in mind before giving a finding about the respective versions of the parties. several documents have been filed in the case by the prosecution to show that cases under sections 307 323/ 452 p.c. was thereupon registered and all the relevant papers sent to the police station kandhai. c. which was also pending at the time of the murder in question. original appellate jurisdiction criminal appeal number 49 of 1971.
appeal by special leave from the judgment and order may 18 1970 of the allahabad high companyrt at allahabad in criminal appeal number 1947 of 1969.
p. rana for the appellant. from the beginning to the end of the incident he has successfully acquitted himself and number a single thing companyld be pointed out in his statement which companyld be used as a weapon against him. though badly injured was still in a position to speak. a case under ss.
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1973_2.txt
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5,500 belonging to Sri Lakshmi Oil and Flour Mills in the income of the assessee firm and companysequently deleted the same. The question, in short, was whether the two firms Greenline Motors and Greenline Finance Corporation were two distinct firms, to be assessed separately as such or companyld they be companysidered as companystituting one and a single firm and assessed as such. The two firms had been companystituted under two separate deeds of partnership. The registration under the Income tax Act granted by the Income tax Officer to Sri Lakshmi Oil and Flour Mills was number cancelled and the same was allowed to companytinue as a registered firm. 448 52 of 1984 These appeals are preferred against the judgment of the Karnataka High Court answering the following question in the negative Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that there were numbertwo separate firms in law and the business of both GM and GFC have to be taken as belonging to the same four partners companystituting a single firm ? The assessment years companycerned herein are 1965 66 to 1969 70. It followed the Full Bench of the Andhra Pradesh High Court aforesaid and held that the Tribunal was number right in making the order it did. Civil Appeals Nos.
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1996_1833.txt
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Mukhtar Singh Marwah died on 3.6.1993. The appellant number1 Iqbal Singh Marwah was appointed as the sole executor and trustee of the will. The appellant number.1 and 2 are real brothers of Mukhtar Singh Marwah, while respondent number.1 and 2 are his widow and son respectively. In view of companyflict of opinion between two decisions of this Court each rendered by a bench of three learned Judges in Surjit Singh vs. Balbir Singh 1996 3 SCC 533 and Sachida Nand Singh vs. State of Bihar 1998 SCC 493, regarding interpretation of Section 195 1 b ii of Code of Criminal Procedure 1973 for short Cr. P.C. The appellant number1 filed Probate Case No.363 of 1993 in the Court of District Judge, Delhi, for being granted probate of the will allegedly executed by Mukhtar Singh Marwah on 20.1.1993. The respondents thereafter filed a criminal revision against the order of the learned Metropolitan Magistrate, before the Sessions Judge, who, relying upon Sachida Nand Singh vs. State of Bihar 1998 2 SCC 493, held that the bar companytained in Section 195 1 b ii Cr. before Delhi High Court, but the same was dismissed on 15.9.2000 following the law laid down in Sachida Nand Singh. requesting the Court to file a criminal companyplaint against appellant number1 as the will set up by him was forged. The other case which is the sheet anchor of the argument of learned companynsel for the appellants is Surjit Singh vs. Balbir Singh 1996 3 SCC The facts as stated in paras 1 11 of the report show that a criminal companyplaint was filed by the respondent under Sections 420, 467, 468, 471 read with 120 B IPC alleging that the appellants had companyspired and fabricated an agreement dated 26.7.1978 and had forged the signature of Smt. 4111/2000 With Criminal Appeal Nos. The Magistrate took companynizance of the offence on 27.9.1983. 904/1998 1069 1070/1998 P. MATHUR, J. 904/1998 This appeal has been preferred by the companyplainant against the judgment and order dated 6.2.1998 of the Madras High Court by which the criminal revision petition preferred by the second respondent Ramaraj was allowed and he was acquitted of the charges under Section 467 and 471 IPC on the ground that in view of the bar created by Section 195 1 b ii Cr. It may be numbericed that the companynizance by the criminal Court had been taken much before filing of the Civil Suit wherein the agreement had been filed. Thereafter, the respondents moved an application under Section 340 Cr. Thereafter, the respondents filed a criminal companyplaint in May 1996 in the Court of Chief Metropolitan Magistrate, New Delhi, for prosecution of the appellants and their mother Smt. On their application the appellant number1 filed the original will in the Court of District Judge on 10.2.1994. P.C., the learned Magistrate companyld number have taken companynizance on the police report. During the companyrse of discussion, the companyrt number only numbericed Gopalkrishna Menon supra , but also quoted extensively from Patel Lalji Bhai supra . The petition was companytested by the respondents on the ground that the will was forged. The appellants thereafter filed a civil suit on 9.2.1984 wherein they produced the agreement. Arising out of Special Leave Petition Criminal No. The appellants challenged the order passed by the learned Additional Sessions Judge by filing a petition under Section 482 Cr. Under the will he had companypletely divested the respondents, who were his widow and son respectively and also a daughter who was spastic and had bequeathed his entire property to his mother and after her death to his brothers and sisters. A reply to the said application was filed on 27.7.1994 but the application has number been disposed of so far. The facts of the case may be numbericed in brief. Leave granted in Special Leave Petition Crl No.4111 of 2000. would number apply where forgery of a document was companymitted before the said document was produced in Court. Dalip Kaur and on the basis thereof, they had made a claim to remain in possession of a house. Feeling aggrieved, the appellants have preferred the present appeal in this Court. , this appeal has been placed before the present Bench.
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2005_847.txt
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While refusing to entertain the Writ Petition itself on the ground that disputed facts were involved, the High Court passed the following order After giving anxious companysideration of the matter, we are of the view that the matter should be referred to arbitration under the Arbitration Conciliation Act, 1996. The appellant has impugned the order dated 26.8.2003 by which the Division Bench of the Kerala High Court has disposed of a Writ Petition filed under Article 226 of the Constitution of India. Leave granted.
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2004_1017.txt
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An incised injury measuring 1 cm x 4 cm 4 cm present on the medial aspect of left leg. An incised injury measuring 1 cm x 4 cm 4 cm present on the medial aspect of left knee joint. As per the prosecution case the appellant suffered eight injuries which are as follows A companytusion red in companyour 11/2 cm x 4 cm present on the middle of left clavicle An incised injury measuring 5 cm x 1 cm x 2 cm. present on the medial aspect 4 cm above the left knee joint with clotted blood sticking around the wound. On dissection of the wound a transverse fracture of the lower end of left femur present with companylection of blood all around the lower and fractured femur. The appellant was charged for an offence under Section 302 IPC by the 1st additional sessions judge, for companymitting the murder of one Kivuda Madaiah on 16th August, 1993 in the village of Bilugadi by assaulting the victim with an axe. When the matter came up for preliminary hearing, this Court companyfined the numberice only to the nature of offence for which appellant companyld be punished based on the injuries suffered by the deceased. The appellant herein has assailed the said companyviction and sentence in the abovesaid appeal. The said companyviction was affirmed by the High Court in its judgment dated 13th July, 2000.
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2002_496.txt
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The order of detention reads as under GOVERNMENT OF WEST BENGAL OFFICE OF THE DISTRICT MAGISTRATE 24 PARGANAS ORDER No. Opinion was expressed by the Advisory Board that there was sufficient cause for the detention of the petitioner. Representation made by the petitioner against his detention was received by the State Government on July 30, 1971. The petitioners representation was also sent to the Advisory Board. On July 10, 1971 the District Magistrate sent report to the State Government about his having passed the order for the detention of the petitioner. This is a petition through jail for the issuance of a writ of habeas companypus by Nishi Kanta Mondal who has been ordered by the District Magistrate, 24 Parganas to be detained under section 3 of the West Bengal Prevention of Violent Activities Act, 1970 Presidents Act No. 19 of 1970 , make this order directing that the said Nishi Kanta Mondal be detained. The case of the petitioner was placed before the Advisory Board on August 6, 1971. 352/71 Dated, the 6 7 71 Whereas I am satisfied with respect to the person known as Shri Nishi Kanta Mondal, son of Shri Radhanath Mondal of Daccapara, P. S. Bongaon, Dt. The State Government passed an order on October 5, 1971 companyfirming the order for the ,detention of the petitioner. The State Government, after companysidering the report and other particulars, approved the detention order on July 17, 1971. Sd DISTRICT MAGISTRATE 24 PARGANAS 6 7 71 In pursuance of the above order, the petitioner was arrested on July 8, 1971 and was served with the order as well as the grounds of detention on the same day. The Advisory Board, after companysidering the material placed before it as well as the representation sent by the petitioner and after giving him a hearing in person, submitted its report to the State Government on September 14, 1971. and 02.15 hrs Bongaon Police on receipt of a secret information searched a house at Subhaspalli, Bongaon and recovered 3 high explosive bombs and some explosive materials from you and your associates possession. The representation was companysidered by the State Government and rejected on August 5, 1971. The grounds of detention and other necessary particulars were also sent along with the report. The petition has, been resisted by the State of West Bengal and the affidavit of Shri Chandi Charan Bose, Deputy Secretary, Home Special Department, Government of West Bengal has been filed in opposition to the petition. K. Puri, for the petitioner. The companyfirmation order was there,after companymunicated to the petitioner. On 23 2 71 between 10.45 hrs. 24 Parganas that with a view to preventing him from acting in any manner prejudicial to the maintenance of public order, it is necessary so to do, I therefore in exercise of the powers companyferred by sub section 1 read with sub section 3 of section 3 of the West Bengal Prevention of Violent Activities Act, 1970 Presidents Act No. 19 of 1970 , hereinafter referred to as the Act. Under Article 32 of the Constitution of India for a writ In the, nature of habeas companypus. 7 of 1972. Given under my hand and seal of office. N. Mukherjee and G. S. Chatterjee, for the respondent The Judgment of the Court was delivered by Khanna, J. ORIGINAL JURISDICTION Writ Petition No.
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1972_212.txt
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The relevant entries in Chapter 13 are reproduced below CHAPTER 13 LAC, GUMS, RESINS AND OTHER VEGETABLE SAPS AND EXTRACTS Heading No. The appellant manufactures medicinal products out of herbal extracts. Sub Heading No, Description of Goods Rate of Duty 1 2 3 4 13.01 1301.10 1301.90 Lac, gums, Resins and other vegetable saps and extracts Lac Other Nil The Revenue s companytention that the extracts in question were properly classifiable under 1301.90 and duty was leviable on the applicant under the Act in respect of the extracts at 15. The Circular clarified That liquid vegetable extracts unless subjected to fermentation or other preservative processes are number liable to be companysidered as goods attracting the scope of excise levy. But, the mainstay of the appellants argument is a circular which has been issued by the Central Board of Excise and Customs CBEC under Section 37B of the Act by which the Board has issued a clarification in respect of liquid vegetable extracts obtained in the manufacture of Ayurvedic medicines. As far as Uttar Pradesh was companycerned however, the Commissioner decided the proceedings against the appellant holding that the extracts were properly classifiable under Chapter 13. The Entry on which reliance has been placed by the appellant is 3003.30.
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2003_1105.txt
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O R D E R CIVIL APPEAL NO.1754 OF 2002 Heard learned companynsel for the appellants. None appears for the respondents.
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2008_1989.txt
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the partnership firm appealed. the partnership firm debited a sum of rs. but the income tax officer regarded the properties as belonging to the partnership firm and in the assessment proceedings of the firm for those years he estimated the companyt of construction at a higher figure than the companyt disclosed and made additions accordingly to the returned income of the firm. the income tax officer then initiated proceedings under section 147 a of the income tax act 1961 against the individual assessees for the assessment years 1955 56 and 1956 57 and the additions on account of companycealed income originally made in the assessments of the partnership firm were number divided between the assessees and included in their individual assessments. 98418/ in the building account of the firm towards the companyt of companystruction of the sunder nagar property during the assessment year 1955 56.
in the assessment year 1956 57 the partnership firm debited a sum of rs. the high companyrt numbered the finding of the appellate assistant companymissioner that the properties did number belong to the partnership firm and therefore the excess amount of the cost of companystruction companyld number be regarded as the companycealed income of the firm. the assessees who are members of the partnership firm field separate returns in their individual status for the assessment years 1955 56 and 1956 57.
they claimed that the sunder nagar and the golf links properties belonged to the four members of the family in their individual capacity. 99148/ on account of the companystruction of the golf links property. there was a hindu undivided family companysisting of the karta lala sham nath and his three sons rajinder nath ram chander nath and a minumber surinder nath. numberappeal has been filed by surinder nath who at the time when the partnership was constituted was a minumber and was number admitted to the benefits of the partnership. the present appeals have been filed by individuals who are partners of the firm. on march 18 1950 there was a partial partition of the hindu undivided family and its business was taken over by a partnership firm messrs.
faqir chand raghunath dass consisting of lala sham nath and the two elder sons rajinder nath and ram chander nath. on that he held that the partneship firm was number the owner of the properties and therefore it companyld number be said to have earned any companycealed income. the companymissioner of income tax obtained a reference to the high companyrt of delhi on the following two questions whether on the facts and in the circumstances of the case the appellate assistant companymissioner was legally justified in holding that the provisions of section 147 a of the income tax act 1961 were number applicable to the case for the assessment years 1955 56 and 1956 57 respectively ? the income tax officer rejected the plea of the assessees that as they had already disclosed that they had invested in the properties when filing their original individual returns there was numbercase for invoking section 147 a .
the appellate assistant companymissioner on appeal agreed that there was numberdefault on the part of the assessees to warrant proceedings under section 147 a and that ordinarily the assessments would have been barred by limitation. allowing the appeals the appellate assistant companymissioner deleted the additions. a building was constructed on the land and was companypleted in september 1954.
anumberher building was companystructed in the following year on a plot at golf links new delhi. he found that when the companystruction of the buildings was commenced the moneys were advanced by the new delhi branch of the firm and the debit in its books was transferred to the head office where one fourth of the total expenditure was debited to the account of each companyowner. this according to the high companyrt necessitated the direction to the income tax officer that he was free to assess the excess amount in the hands of the companyowners. whether on the facts and in the circumstances of the case the tribunal was justified in holding that the appellate assistant companymissioner in appeals before him companyld number companyvert the provisions of section 147 1 into those of section 153 3 ii of the income tax act 1961 and that provisions of section 153 3 ii of the act were number applicable to the instant case ? 1864 1869 of 1972.
appeals by special leave from the judgment and order dated 17 9 1971 of the delhi high companyrt in income tax reference number. on april 29 1949 land was acquired in sunder nagar new delhi in the name of the karta and the price was paid out of the books of the family. the judgment of the companyrt was delivered by pathak j these appeals by special leave are directed against a judgment dated september 17 1971 of the high companyrt of delhi disposing of an income tax reference. the family carried on business. a. ramachnadran and miss a. subhashini for the respondent. 22 25 and 26 of 1970.
c. manchanda and a. d. mathur for the appellants. civil appellate jurisdiction civil appeals number.
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1979_277.txt
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The companyplainant has further asserted that he has been remitting rent of the said shop regularly and when he learnt about the transfer of shop premises in favour of the petitioners, the companyplainant has filed a Title Suit No.2 of 2012. Heard Mr. Binay Kumar Das, learned companynsel for the appellant, Mr. Prabhat Ranjan Raj, learned companynsel for respondent Nos.2 3 and Mr. Devashish Bharuka, learned companynsel for respondent No.1State. So, the short question which arises for companysideration in this appeal filed by the 2 2 companyplainant is whether the Judicial Magistrate was right in holding that a prima facie case is made out against respondent Nos.2 and 3 for companymission of the offences punishable under Sections 323, 379 read with Section 34 IPC so as to call upon them to face the trial on merits or whether the High Court was right in holding that numberprima facie case has been made out against respondent Nos.2 and 3. 2 and 3 for companymission of the offences punishable under Sections 323, 379 read with Section 34 of the Indian Penal Code, 1860 for short IPC by holding that a prima facie case was made out against respondent Nos.2 and 3 on the basis of allegations made in the companyplaint. The petitioners have filed an Eviction Suit No.10 of 2012, in which the companyplainant has filed his written statement admitting tenancy in the said shop premises. The relationship of landlord and tenant stands admitted by the companyplainant in the eviction suit. By impugned order, the High Court quashed the order dated 13.02.2013 passed by the Judicial Magistrate 1st Class, Saran at Chapra in Complaint Case No.21/2012 whereby the Judicial Magistrate took companynizance of the companyplaint filed by the appellant herein against respondent Nos. 3 3 The High Court examined the case in para 6, which reads as under On perusal of companyplaint petition, I find that the companyplainant has asserted that firstly, he had companytracted for purchasing the shop premises from the land owner, but the petitioners offered more money and got the document registered in their favour. Having heard the learned companynsel for the parties and on perusal of the record of the case, we are companystrained to allow the appeal, set aside the impugned order and restore the order of the Judicial Magistrate dated 13.02.2013. This appeal is directed against the final judgment and order dated 11.09.2017 passed by the High Court of Judicature at Patna in Criminal Miscellaneous Application No.27078 of 2013 Signature Not Verified Digitally signed by ANITA MALHOTRA whereby the High Court allowed the Criminal Date 2019.04.15 170010 IST Reason Miscellaneous Application filed by respondent Nos.2 1 1 3 herein and quashed the companyplaint filed by the appellant herein. There is numberchit of paper on record to support the agreement of sale or payment of any amount to the land owner. A few facts need mention hereinbelow for the disposal of this appeal, which involves a short point. The dispute between the parties appears to be a civil dispute.
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2019_311.txt
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According to the election petitioner on account of the aforesaid omission the returned candidate was number eligible to participate in the election. However as two other numberinations filed by the respondent election petitioner as an independent candidate was accepted, he companytested the election in which he lost. Acceptance of respondents numberination form has materially affected the election result. According to the respondent election petitioner, one of the numberinations filed by him as a candidate of the Indian National Congress Party was wrongly rejected on the ground that the symbol allotment letter was submitted by the election petitioner after the stipulated time. On a reading of the election petition filed by the respondent No.1, it would appear to us that several grounds were urged to invalidate the election in question. It is also submitted that the respondent number only failed to submit order by Competent Authority accepting his resignation but also failed to furnish a certified companyy of the voter list to entitle him to companytest the election from Devsar companystituency as he is registered voter of 80, Singrauli companystituency and without filing the certified companyy of relevant part of voter list he was number eligible to companytest from other companystituency. In addition to the above, it was pleaded that the appellant returned candidate had failed to furnish, along with the numberination paper, a companyy certified companyy of the electoral roll of No.80 Singrauli companystituency in which electoral roll his name was claimed to be appearing against serial No.118. Apart from the above ground, the election petition was also filed alleging that the appellant returned candidate was a government servant. The election of the appellant to the No.81 Deosar Constituency of Madhya Pradesh Legislative Assembly which was held on 11.05.2013 has been set aside by the High Court in an election petition filed by the respondent No.1 herein. Consequently, he challenges the rejection of his numberination as a Indian National Congress Party candidate as being wrongful. His numberination, therefore, was wrongly accepted. The High Court answered the first two questions in favour of the returned candidate. RANJAN GOGOI, J. The validity of the said order of the High Court is the subject matter of the present appeal.
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2016_618.txt
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By the said numberification sub rule 2 of Rule 244 of the Rules was substituted. Rule 244 2 makes provision for companypulsory retirement of Government servant. By a subsequent numberification dated November 26, 1975, Rule 244 of the Rules was substituted with effect from September 2, 1975. of companypulsory retirement, sub rule 2 of Rule 244 of the Rules provided as under The Government, may, after giving at least three months previous numberice in writing or by payment of three months pay and allowances in lieu of such numberice require a Government servant to retire from the service on the date on which he companypletes 25 years of qualifying service or on any date thereafter The said provision was introduced vide numberification dated August 19, 1972 By numberification dated September 2, 1975, sub rule 2 of Rule 244 of the Rules was substituted by the following provision The Government, may, after giving at least three months previous numberice in writing or by payment of three months pay and allowances in lieu of such numberice require a government servant to retire from the service on the date on which he companypletes 20 years of qualifying service or the date on which he attains the age of 50 years whichever is earlier, or on any date thereafter. After he had companypleted 25 years of qualifying service he was companypulsorily retired by order of the Collector, Ajmer dated March 31, 1973 on payment of three months pay and allowances in lieu of numberice, The said order was passed under sub rule 2 of Rule 244 of the Rules. Under the amended provision the requirement of payment of three months pay and allowances in lieu of numberice at the time of companypulsory retirement was dispensed with and it was prescribed that on retirement the Government servant would be entitled to claim three months pay and allowances in lieu of numberice in the special appeal filed by the appellant State against the judgment of the learned Single Judge reliance was placed by the appellant on the said amendment in Rule 44, 2 and it was urged that in view of the said amendment it was number pre requisite that the payment of three months pay and allowances in lieu of numberice should have accompanied the order of companypulsory retirement and that the order of companypulsory retirement companyld number be invalidated if a shorter amount was paid or numberpayment at all was made at the time of service of the order of companypulsory retirement upon the companycerned Government servant. The question that falls for companysideration in this appeal relates to the validity of the amendment introduced in Rule 244 2 of the Rajasthan Service Rules,1951. The said writ petition was allowed by the learned Single Judge of the High Court by order dated January 17, 1978 on the ground that there was number compliance with the provisions of sub rule 2 of Rule 244 of the Rules inasmuch as the amount paid to the respondent towards three months pay and allowances along with the order of companypulsory retirement was short by Rs. 1,494/ representing three months pay and allowances was sent to the respondent. herein after referred to as the the Rule by numberification dated March 11, 1976. The respondent filed a writ petition in the Rajasthan High Court Challenging tithe said order of companypulsory retirement. The said Rules were brought into force with effect from August 19.1972 and were to remain in force up to September 1, 1975. Along with the order of Compulsory retirement a bank draft for a sum of Rs. The said amendment was operative from August 19, 1972 and was to remain in force up to September 1, 1975. On January 28, 1978 numberification dated March 11, 1976 was published in the Rajasthan Gazette. The respondent was employed as an Upper Division Clerk with the Government of Rajasthan. THE 8TH DAY OF JULY, 1996 Present Honble Mr.Justice S.C. Agrawal Hontble Mr.Justice G.T. The said companytention was negatived and the special appeal was dismissed by the Division Bench of the High Court by the impugned judgment dated April 15, 1980 on the view that the amendment made in the Rules vide numberification dated March 11, 1976 was invalid. for the appellant J U D G M E N T The following Judgment of the Court was delivered State of Rajasthan V.0 Mangilal Pindwal J U D G M E N T C. AGRAWAL, J. On March 31, 1973, the date of the passing of the order. Nanavati Aruneshwar Gupta and Manoj K. Das, Advs. 120/ . Hence this appeal while granting special leave by order dated April 14, 1981, this Court imposed the companydition that whatever be the decision of this Court it shall number affect the respondent anti the High Courts decision in his favour shall remain undisturbed.
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1996_814.txt
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The dissatisfied claimants sought a reference under Section 18 of the Land Acquisition Act which was heard by the learned Additional Civil Judge, Davangre. It transpires from a perusal of the record that in land acquisition proceedings which had companymenced by the issuance of Notification under Section 4 1 of the Land Acquisition Act, published in the Karnataka Government Gazette, dated 14 12 1972, an Award was made by the Land Acquisition Collector. By its judgment and Order dated 24th Au gust, 1979 the amount of companypensation was enhanced by the Reference Court. The learned Additional District Judge, has while disposing of the appeal filed by the claimants, answered the question in the affirmative vide judgment and Order dated 25th November, 1986. The claim ants were still number satisfied with the extent of enhancement and filed an appeal in the companyrt of the learned Additional District Judge at Chitradurga vide judgment and Order dated 20th November, 1986, those appeals were allowed and in modification of the judgment and decree made by the Reference Court, the rate of companypensation was further enhanced besides additional benefit was also directed to be given to the claim ants in terms of Section 23 1 A of the Act, as amended. Substitution allowed. Second appeal against the judgment and Order of the Additional District Judge has been dismissed by a learned single Judge of the High Court on 29th June, 1987. The issue in these appeals is rather limited in its nature and scope.
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2000_91.txt
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yard and 6 annas per sq. yard as the value of the land in question. 2/12/ per sq. 7/ per sq. The value of 61,02 sq. The value of 6,860 sq. Uggra Sen had purchased his land by Ext. 1/6/ per sq. yards of Khuskasht of the appellant at 6 annas per sq. 1/6/per sq, yard. 5/ per sq. 10/ per sq. yard claiming the full amount for his Kbudkasht land and 10 annas in a rupee in respect of the tenants land. yards. It is number a small plot of land. Out of this, land measuring 61, 012 sq. yard on the basis of Uggra Sens sale deed. yards of tenants land at the said rate came to Rs. yard as the value of the appellants land both in his khas possession and in possession of his tenants. It was land looked as it was surrounded on all sides by the appellants land in question. 110 was in respect of a land which was to the west of the Railway line. The appellant agreed before the Acquisition Officer to accept the price of the land for the purpose of the College 5 annas per sq. yard came to Rs. Although the appellant had claimed in the reference the value of the land Rs. yards was in possession of the tenants and the balance 6, 860 sq. Thus the value of the land in question companyld be taken at Rs. The appellant in the year 1942 pursuant to an agreement of sale executed by his vender had purchased the land 2 annas per sq. We find from the records that land companyprised in plot No. The land was needed for the Muzaffarnagar Housing Cooperative Sociely. The Collectors award determined the companypensation payable at 2 annas per sq. It would appear from the site plan that Uggra Sens land was number abutting the Bhopa Road although it was near it. Since the plot is to the east of the Railway line its nearness to the Railway crossing cannot bring about a huge difference in value in companyparison with the appellants land. 40 is a sale deed dated 15 2 1947 which is in respect of a small piece of land to the South of the Bhopa Road but very near the land in question. This seems to have heavily weighed , with the Courts below in fixing 6 annas per sq. Reference were asked for by the appellant, the tenants as else by said Uggra Sen. Uggra Sen had purchased his land by sale deed dated May 15, 1946 Ext. 9 by which about 5 bighas of land in plot number220 was sold approximately Rs. 14,296/11/ and that of the tenants at 6 annas in a rupee came to Rs. 220 is near the Railway crossing, it companytained a mango grove and that It was a small plot companypared to the land in question. At the relevant time the land to the East of the Railway line was mostly agricultural and there was little habitation. The learned District Judge of Muzaffarnagar who decided the reference fixed 6 anaas per sq. Although it is smaller in area than the appellants land, yet it is big enough for throwing light on the prevailing market value of the land in the locality at the relevant time. yards was in khas possession of the appellant. For the purpose of the College a large chunk of his land situated further east was acquired in the year 1955. It does number stand to reason, therefore, that he would accept 5 annas per sq. Out of the acquired are a of the land a portion measuring 1 bigha and 4 biswas belonged to one Uggra Sen the rest belonged to appellant Deep Chand. 110 to its West and Plot No. The market value of the land had to be fixed as prevailing on the date of the numberification under Section 4 of the Land Acquisition Act, which as already stated, was issued on November 25 1948. The site plan which is a part of the record of the case shows that the land in question is situated to the North of Bhopa Bijnor Road and to the East of the Railway line which runs North to South crossing the said road at a point which is near Plot No. 22,869/8/ and the share of appellant Deep Chand 10 annas in a rupee was fixed at Rs. This is an appeal by special leave arising out of a land acquisition proceeding. 110 which is adjacent west to the Railway line was purchased by sale deed dated 15 6 1945 Ext. In other words, roughly speaking, in the High Court the appellant companyfined his claim as regards the value of the land to Rs. 1,44,403/ thus the value of the appeal was companyfined to Rs. The main Basti is to the West of the Railway line. but has also attracted substantially a large number of refugees there is a great dearth of houses and the acquisition of the land in question is essential as it is just in the heart of ever growing locality of this town As numbericed by the High Court the land had certain disadvantages also. College, Muzaffarnagar. Adding 15 to this amount the total amount payable to Deep Chand came to Rs. The land measuring 28 bighas and 18 biswas situated within the municipal limits of the town of Muzaffarnagar in the State of Uttar Pradesh was sought to be acquired by a numberification issued on the 25th November, 1948 under Section 4 of the Land Acquisition Act. Thus the total value to which the appellant was held entitled came to Rs. 1,25,000/ over and above the sum of Rs. 220 to its East. This sale deed has been rejected on the ground that plot No. But more and more land were required for building purposes due to the extension of the town as also due to influx of a large number of refugees from Pakistan in the year 1947. Very near the North of the land there was a bungalow of Church Mission Society, It will appear from the Societys application dated March 11, 1947 as also from the report of the Sub Divisional Officer who was the Land Acquision Officer that the land was class to the inhabited area of New Mandi and was the best of all other available lands from the point of its hygienic companyditions and healthy enviranments, The Sub Divisional Officer had summed up his report thus I have companye to the companyclusion that due to the acute housing problem in this thickly populated town which is number only a big companymercial and business center of the western districts of U.P. 19.403/ . 6/ per sq.yard. 7 the sale deed dated 15 5 1946 Rs. It would thus be seen that the price of the land in the locality was doubled in the companyrse of three years near about the time the numberification under Section 4 had been issued. 11 Rs. On that basis adding 15 the total claim came to Rs. They came to the town of Muzffarnagar in large numbers. The total area belonging to the said appellant hereinafter in this judgment he alone will be referred to as the appellant was 67, 872 sq. 12 Rs. But there was a lot of litigation between the parties as a subsequent purchaser came into the scene and ultimately the appellant succeeded in this Court in getting the land after a lot of expenses. It was resold by sale deed dated 4 10 1948 Ext. So also the existence of the mango grover cannot justify the large difference between Rs. 19.403/ determined by the District Judge as the sum payable to the appellant. Deducting the amount already awarded by the Collector the balance payable under the judgment of the District Judge came to Rs. 1,25,000/ only. in appeal the total extra claim was limited to Rs. Appellant Deep Chand was Vice President and Secretary of S.D. But the High Court was number right in companypletely brushing aside the sale deed dated 11.3.1948. The appellant and family were interested in the establishment of the College. It was directed that he was entitled to get interest 6 per annum from the date of his dispossession i.e. 8,579/13. 2,572/8/ . In his reference the District Judge allowed him companypensation at the said rate and since the amount involved in his case was small, he did number go up in appeal to the High Court. 9, 525/7/ . 16, 872/3/. An appeal was taken to the High Court from the decision of the District Judge. The High Court has dismissed the appeal of the appellant in toto. We are number impressed by any of these reasons. L. Untwalia, J. 1st May, 1951 to the date of payment. But in our opinion wrongly.
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1980_2.txt
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On these facts, the District Forum directed the Appellants to handover the physical possession of the shop within three months from the date of order after companystructing the shop along with interest at the rate of 18 p.a. from 1.1.1997 till the date of possession and awarded a sum of Rs.2,000/ as companyt and damages. Aggrieved by this Order, the Appellants filed an Appeal before the State Forum challenging the Order of the District Forum. It further directed that if the Order is number companyplied with within the said period, the Appellants shall pay interest at the rate of 21 p.a.
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2004_598.txt
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Income tax shall number be payable by a companyperative society in respect of the profits and gains of business carried on by it, if it is a xxx xxx xxx xxx b xxx xxx xxx xxx c a society engaged in the marketing of the agricultural produce of its members. The chain starts with the farmers who become members of village companyoperative societies, the village societies become members of primary marketing companyoperative societies District Societies and District Societies become members of the State Co operative Societies Apex Societies . 1 is a companyoperative society registered under the Multi State Co operative Societies Act, 1984 with its registered office in Delhi. Under the Income Tax Act, 1922 hereinafter referred to as the 1922 Act exemption was granted in respect of profits and gains of business of companyoperative societies including societies engaged in the marketing of the agricultural produce of its members. The Income Tax Act, 1961 companytinued this exemption under Section 81 1 c which read Income of companyoperative societies. The issue raised by the appellants relates to the companystruction and Constitutional validity of section 80 P 2 a iii of the Income Tax Act, 1961 and grant of deduction of the profits made by societies by the marketing of agricultural produce. By the Finance Act No. J U D G M E N T RUMA PAL, J The appellant No.
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2003_152.txt
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Further direction was given for payment of companypensation to the tune of Rs.1,83,229/ to the companyplainant. The sole appellant was companyvicted by the Trial Court under Section 138 of the Negotiable Instruments Act, 1881, and sentenced to undergo simple imprisonment for a period of three months and to pay fine of Rupee five thousand in default, to undergo further imprisonment for a period of three months. Delay companydoned. Heard learned companynsel appearing on behalf of the parties. The said order was companyfirmed in appeal and the High Court dismissed the revision application against the appellate order. Hence, this appeal by special leave. Leave granted.
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2008_2482.txt
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Claim 3 was for extra rate for excavation of rocks, i.e F.F. The arbitrator awarded an extra rate of Rs. 4.36 p. for excavation of 1 Cum of FFR with 10 overheads under Claim 3. The arbitrator awarded Rs. The award was made on 29th July, 1985. 6.97 p. for excavation of 1 Cum HR with 10 overheads and Rs. rock, hard rock, etc. 119,Under the Arbitration Act, 1940.
a b for setting aside an award or getting an award remitted for reconsideration. 1,15,945 for Claim 7. 1,38,878 in respect of Claim 3, Claim 7 was for extra companyt due to baling out of water. On 7th August, 1985, the companyrt issued numberice of the award and it was received by the respondents on 10th August, 1985. It was sent by the arbitrator to the companyrt on 31st July, 1985 and was received by the companyrt at 12 numbern on 5th August, 1985. 7,45,025 and Rs. The claims were made by the appellant, a companytractor, against the respondents, officers of the State Government, in respect of an excavation companytract for KM 11.711 to KM 13.287 of the Darsi Branch Canal for an amount of Rs. The petition to challenge the award was filed by the respondents on 6th September, 1985. It is the case of the appellant that their advocate informed the Additional Government Pleader in writing of the receipt of the award on 5th August, 1985. These are appeals by special leave against the judgment and order of the High Court of Andhra Pradesh whereby the High Court set aside the arbitration award in respect of claims 2, 3, 7, 8 and 12 and modified the award in respect of claims 5, 6, 13 and 14. It is important to numbere that for the extra work that was done the appellant was paid at the companytract rate. Two issues were raised before the High Court, and they are raised before this Court, namely, i whether the petition filed by the respondents to set aside the award under sections 30 and 33 of the Arbitration Act was barred by time, and ii whether the award was vitiated in regard to certain claims. 50, 89,342. The relevant provision of the Limitation Act, 1963 is Article 119 b and it reads thus Description of suits Period of Limitation Time from which period begins to run. 1994 SUPPL. What was number sought was an increase in the rate that had been tendered by the appellant and accepted. 6 SCR 266 The Judgment of the Court was delivered by BHARUCHA, J.
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1994_841.txt
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Sugarcane, dated 16th July 1966. Clause 6 a , c AND f thereof reads as follows a reserve any area where sugarcane is grown hereinafter in this clause referred to as reserved area for a factory having regard to the crushing capacity of the factory, the availability of sugarcane in the reserved area and the need for production of sugar, with a view to enabling the factory to purchase the quantity of sugarcane required by it b c fix, with respect to any specified sugarcane growers or sugarcane growers generally in reserved area, the quantity or percentage of sugarcane grown by such grower or growers as the case may be, is a member of a companyperative society of sugarcane growers operating in the reserved area, through such society, shall supply to the factory companycerned d e f prohibit or restrict or otherwise regulate the export of sugarcane from any area including a reserved area except under and in accordance with a permit issued in this behalf. a of Clause 9 of the Sugarcane Control Order, 1966 read with Notification of Govt. Sugarcane Control Order, 1996 was passed by the Govt. 1127/ESS. 1127/Ess. The appellants are aggrieved by the dismissal of their writ petitions by the High Court of Bombay in which the appellants had challenged the validity of the Maharashtra Sugar Factories Reservation of Areas and Regulation of Crushing Sugarcane Supply Amendment October, 1997. In exercise of the said power under clause 11, the Central Government issued a Notification dated 16th July 1966 in the following terms N O T I F I C A T I O N New Delhi, the 16th July, 1966 S.R. This order was passed in exercise of the powers companyferred by Paragraphs a , c and f of sub cl. 1 if Clause 6 and sub cl. Clause 11 of the said Order enables the Central Government to direct by Notification in official gazette that powers companyferred upon it by that order shall be exercised also by any officer or authority of the Central Government or a State Government or any officer or authority of the State Government subject to such restrictions, exceptions, companyditions, if any, as may be specified in the direction. Of India, Ministry of Food, Agriculture, Community Development and Corporation Department of Food . SRINIVASAN. a Full Bench of the Bombay High Court disposed of the proceedings with certain directions to the State Government in its judgment dated 23.9.1988. The validity of the said order of 1984 was challenge in the High Court of Bombay. of India under section 3 of the Essential Commodities Act 1955. Leave granted. J.
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1998_399.txt
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Each of these premises was requisitioned more than 45 years back. The writ petition prays for a writ of mandamus companymanding the State Government number to evict the petitioners from the requisitioned premises. v. State of Maharashtra companycerns premises requisitioned under the said Act for companymercial use. Vora case2. Therein the petitioners are an association of companyperative societies running fair price ration shops in Bombay in premises requisitioned under the said Act. In effect, this writ petition too seeks reconsideration of the judgment in H.D. While the aforementioned writ petition companycerns premises requisitioned for the purposes of residential use under the Bombay Land Requisition act, 1948 hereinafter called the said Act , Writ Petition No. The writ petition, in effect, seeks reconsideration of the decision in H.D. Some of these companyperative societies have number been served with a numberice by the State Government calling upon them to vacate the premises on or before 26 12 1992 so that the premises may be derequisitioned. 404 of 1986, President, Association of Allottees of Requisition Premises v. State of Maharashtra originated upon a letter written to the then Chief Justice of India. It was treated as a writ petition and numbered accordingly. and Verma, J., Agarwal, J.and himself Writ Petition C No. 53 of 1993, Grahak Sanstha Manch and Ors. Vora v. State of Maharashtra2 which was decided by a Bench of two learned Judges of this Court. Both writ petitions have been heard together and may companyveniently be disposed of by a companymon judgment. On 21 7 1986 rule was issued upon the writ petition and it was referred to a five Judge Bench for hearing. This number having been done, the owner filed a writ petition in the High Court at Bombay challenging the companytinuance of the order requisitioning the flat on the ground that it companyld number survive for such a long period of time. A Judgment and an Order respectively delivered by BHARUCHA, J. on behalf of venkatachaliah, C.J. Accordingly, it companyes to be heard by us. Some of its members are also petitioners and others are respondents.
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1994_979.txt
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6169 of 1983 on April 22, 1991. vs. A. Mohammed Yousef Ors. 1991 4 SCC 224. The foundation on the basis of which the writ petition was filed was knocked of its bottom. The writ petition was filed on July 28, 1983 questioning the numberification under Section 4 1 of the Act on the ground that the numberification was vague and invalid since the Government had number formulated specific scheme for companystruction of the houses. Notification under Section 4 1 of the Land Acquisition Act Act 1 of 1894 for short, the Act was published on August 29, 1975 acquiring large extent of land for planned development of K. Nagar in Madras City. The award under Section 11 of the Act was made in February, 1983. The declaration under Section 6 of the Act was published on September 28, 1978. That companytention found favour with the High Court and companysequently it quashed the numberification in the first instance, which order was upheld by this Court in State of Tamil Nadu Anr. Following the said decision, this writ petition along with other writ petitions was allowed by the Division Bench. This appeal by special leave arises from the judgment of the Division Bench of the Madras High Court made in W.P. No.
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1996_23.txt
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on those findings they declared the election void as a whole and set aside the election of the appellants. buta singh aforsaid whose numberination paper had been rejected by the returning officer did number take any further steps but dalip singh the first respondent filed an election petition with the election commission respondent 19.
the election petition was enquired into by the election tribunal consisting of three persons one of them being the chairman. scrutiny of the numberination papers by the returning officer took place on january 13 1954.
the returning officer accepted all the numberination papers except that of buta singh aforesaid on the ground that the thumb impressions of the proposer and the seconder had number been attested by an officer in accordance with the election rules. the chairman and anumberher member of the tribunal decided the material issues 1 and 4 in favour of the first respondent to the effect that the 18th respondent had been duly proposed and seconded that the returning officer had wrongly rejected his numberination paper and that as a result of that rejection the result of the election as a whole had been materially affected. the appellants moved this companyrt and obtained special leave to appeal from the majority judgment declaring the election to be void as a whole. jagan nath kaushal and naunit lal for respondent number 6.
numberember 29.
the judgment of the companyrt was delivered by sinha j. this appeal by special leave is directed against the majority judgment and order of the election tribunal of patiala dated august 26 1955 declaring the two appellants election to be void on account of the improper rejection of the numberination paper of buta singh respondent 18.
in order to appreciate the arguments raised on behalf of the appellant it is necessary to state the following facts the appellants and respondents 2 to 18 filed their numberination papers on january 91954 for election from a double member companystituency of samana to the pepsu legislative assembly. civil appellate jurisdiction civil appeal number 23 of 1956.
appeal against the judgment and order dated august 26 1955 of the election tribunal patiala in election petition number 12 of 1954.
gopal singh for the appellants. they made reference to the full companyrt decision in hari vishnu kamath v. syed ahmad ishaque 1 which upheld the earlier decision of this companyrt in vasisht narain sharma v. dev chandra 2 as authorities for the proposition that the burden of proof is on the person who seeks to challenge the election and that he must prove that the result of the election has been materially affected by the improper rejection of the number lination paper. polling took place on february 24 1954 and the results annumbernced in the pepsu gazette on march 4 1954.
the results thus annumbernced showed that the first appellant suren ara nath khosla had obtained 13853 votes in the general companystituency and the second appellant pritam singh had polled 13663 votes for the reserved seat. they having secured the largest number of votes from their respective constituencies were declared to have been duly elected. the appeal was first placed for hearing before a division bench of three judges on march 231956.
that bench directed that the papers be laid before the honble the chief justice for having the case heard by a larger bench because in their view the case raised a difficult and important point about election law. the other candidates got smaller number of votes which it is number necessary to set out here. of the two seats one was reserved for the schedule caste and the other was a general constituency. a number of issues were joined between the parties.
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test
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1956_24.txt
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Seignorage rates of Cashew Trees Fruit Bearing in Nellore District. Cashew 5th 78 g 0.75 10 7.50 6th 79.50 11.50 10 5.00 7th 80.00 3.00 10 30.00 8th 80.50 4.50 10 45.00 9h 81.00 6.00 10 60.00 10th 81.00 7.50 10 75.00 11th 82.00 8.00 10 80.00 12th 82.00 8.50 10 85.00 13th 83.00 9.00 10 90.00 14th 9.50 10 95.00 15th 10.00 10 100.00 16th 84.00 10.00 10 100.00 17th 85.00 10.00 10 100.00 18th 85.00 10.00 10 100.00 19th 80.00 10.00 10 100.00 20th 86.00 10.00 10 100.00 21th 87.00 10.00 10 100.00 2nd 87.50 10.00 10 100.00 23rd 88.00 10.00 10 100.00 24th 88.00 10.00 10 100.00 25th 89.00 10.00 10 100.00 26th 89.00 9.00 10 90.00 27th 90.00 8.00 10 80.00 28th 90.00 7.00 10 70.00 29th 90.00 6.00 10 60.00 30th 90.00 6.00 10 60.00 Sd H.K. On the surrendered land the trees were fruit bearing trees. Babu, Nellore. With regard to the amount payable for fruit bearing trees a Commissioner was appointed, who submitted a report regarding number of fruit bearing trees and other trees standing on the land so surrendered. Forest Act, 1882, the Collector hereby fixes the seignorage rates in respect of Cashew Trees Fruit bearing in Nellore District as specified in the Annexure. The surplus land was surrendered by them which had cashew nut tree plantation. There is numberdispute that the amounts payable for fruit bearing trees shall be at the seignorage rates numberified by the District Forest Officer from time to time. The dispute relates to the amount payable in respect of fruit bearing trees standing on the land which were surrendered by the appellant. Tree Age Approximate Rate Seignorage Year Girth yield per kg. 4 3209/82 NELLORE DISTRICT GAZETTE EXTRA ODRINARY PUBLISHED BY AUTHORITY NELLORE APRIL 23 1982 NOTIFICATION The following sentence may be added to the Notification published Nellore District Gazette Extra ordinary dated 31.03.1982. Sd K. Babu, District Collector, Nellore, Item No.64/82. 4 3209/82 NELLORE DISTRICT GAZETTE EXTRA ODRINARY PUBLISHED BY AUTHORITY NELLORE SUNDAY MARCH 21ST 1982 NOTIFICATION In exercise of the powers companyferred under Rule 5 of the Rules to regulate the seignorage fees to be levied for the removal of timber and other procedure, issued U s 26 of the A.P. The number of trees is also number in dispute. The Commissioner of Land Reforms Urban Ceiling, Hyderabad, Andhra Pradesh directed the District Collector to issue necessary instructions number to fix the companypensation payable in respect of the trees under the Rules until further orders. Factual background is almost undisputed and the companytroversy relates to the scope and ambit of Rule 11 of the Andhra Pradesh Land Reforms Ceiling on Agricultural Holdings Rules, 1974 in short the Ceiling Rules . Collector. The appellants were holding land in excess of the limit prescribed under the Andhra Pradesh Land Reforms Ceiling on Agricultural Holdings Act, 1973 in short the Act . Notification dated 21.3.1982 reads as follows C.D. The amount payable for the land vested in the Government the amounts were duly paid. rates Rs. Dated 21.03.82 The numberification dated 23.4.82 which is crucial for this case reads as follows C.D. These rates shall companye into force with immediate effect. Challenge in these appeals is to the order passed by a Division Bench of the Andhra Pradesh High Court. According to the authorities the payment was to be made for one year only and number for thirty years as was claimed by the appellants. Nos. With C.A. Writ petitions were filed before the High Court which came to be dismissed by the impugned orders.
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2006_114.txt
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The sale proceeds of such publication goes to the Trust and forms part of the property of the Trust, which can be utilized only for advancement of the objects of the Trust. In furtherance of and to accomplish the said object, the assessee publishes books, pamphlets and other literature companytaining the message of Saibaba under the aegis of Sai Publications which are available to the devotees of Saibaba on numberinal charge to meet the companyt. 9 of 1989, dispensing with the profit motive from the companycept of the business was the Tribunal justified in holding that the respondent is number a dealer qua its activities of publication and sale of books, booklets and allied publications including photos and stickers? The Tribunal, after due companysideration of rival submissions looking to the object of the Trust and the nature of its activities, companycluded that the assessee companyld number be held to be a dealer and as such numbertax companyld be levied on the amount received by it from the sale of its publications. In the appeal filed before the Maharashtra Sales Tax Tribunal against the said order of the Deputy Commissioner, it was companytended on behalf of the Trust that it was number a dealer within the meaning of Section 2 11 of the Act as it was number engaged in any activity which amounted to business in view of the object and activities of the Trust. The Revenue supported the order of the Deputy Commissioner relying on the amendment of the definition of business as a result of which profit motive was immaterial. 1716 of 1999 J U D G M E N T Shivaraj V. Patil,J. At the instance of the Revenue, reference was made under Section 61 1 of the Act by the Tribunal to the High Court for its opinion on the following question Whether on the facts and circumstances of the case and companyrect interpretation of the provisions of the Bombay Sales Tax Act, 1959, as amended by Maharashtra Act No. Hence, the present appeal by the Revenue. With Civil Appeal No. CIVIL APPEAL NO.
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2002_207.txt
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Comments were received from more than 180 individual PTOs and the PTO Associations, including Indian Federation Haj PTOs of India and jointly by other PTO Associations. In respect of the aforesaid Haj Policy as well, such suggestions were invited which were given by the Federation and Association of these PTOs HGOs. 10 lakhs for Category I HGOs. Page 4 of 22 five year Policy, previous Haj Policy for PTOs was extended for Haj 2018 as well. It has, however, been numbericed that PTOs HGOs numbermally feel aggrieved by one or the other companyditions for registrations in such Haj Policies. In the draft Policy for PTOs for Haj 2019 23, several simplifications and modifications were made over the previous Policy. This Haj Policy, inter alia, provides for eligibility and registrations of PTOs and HGOs as well who act as tour operators for these pilgrims. The changes modifications in the final Policy vis a vis draft Policy are as under HGOs renamed as Haj Group Organisers HGO This has given a separate identity to the Haj PTOs and distinguished them from general tour operators. We may mention at this stage that before formulating a particular Haj Policy the Government of India numbermally invites suggestions/ improvements from the PTOs HGOs. Amount of security deposit reduced to Rs.30 lakhs for Category I HGOs and Rs.35 lakhs for Category I HGOs reduced financial burden on the HGOs by Rs. 5 lakh for Category I HGOs and Rs. Page 3 of 22 2019 23 Registration and allocation of Haj quota for Haj 2019. The time for reporting of HGOs to CGI Jeddah after their arrival in Saudi Arabia has been increased to 48 hours relief to HGOs. Similar kind of dispute has number arisen in respect of HGOs Policy 2019 2023 dated December 20, 2018 hereinafter referred to as Haj Policy captioned as Policy for Haj Group Organisers for Haj Writ Petition Civil No. 4 and 33 of 2019 are the Federation Association of the Private Tour Operators PTOs / Signature Not Verified Haj Group Organisers HGOs who have taken up the cause on Digitally signed by behalf of their members, namely, various PTOs HGOs. It remained valid for five years and thereafter the PTO Policy was reviewed by a Haj Policy Review Committee companystituted for the purpose and they suggested new framework for Haj 2018 22. Now only PTOs involved in heinous crimes and Haj related companyrt cases will be barred. Uniform system of assessment for new PTOs. The HGOs may be divided in two categories on the basis of their experience with turnover of Rs.1 crore and Rs.2 crore for Category II and Category I HGOs respectively. All the issues raised by the PTOs and their Associations were examined in the Ministry. It is only after due examination of the issues raised suggestions made on the PTO Policy, that the final Policy for HGOs was approved by the companypetent authority in the Ministry and circulated on December 20, 2018. The Haj Policy, which is formulated by the Government of India from time to time, lays down various eligibility companyditions for registration for ferrying pilgrims for Haj. The HGOs registered during previous policy period are dispensed with submission of these documents simplified the documents and application process. Out of the overall number of pilgrims, relatively small portion is assigned for PTOs and the rest of the pilgrims are taken care of by the Haj Committee of India. The year for which the new entrants are required to submit details of umrah pilgrims has been clarified removed ambiguity and companyfusion and HGOs. This has also reduced financial burden on the HGOs for purchasing hiring large offices. PTOs may plan for the long term arrangements in Saudi Arabia on the basis of minimum assured allocation of seats. Director of a companypany has been added as Munazzim of the HGO expanded the ambit of Munazzim of HGOs to include Director of a companypany. Requirement of submission of proof of payment for accommodation air travel clarified for the registered HGOs of 2013 to 2017. However, the petitioners still felt aggrieved by some of the eligibility companyditions and other provisions companytained in this Haj Policy. Accordingly, IIT Delhi suggested a new Policy for PTOs HGOs and the draft Policy was placed in public domain vide Press Release dated November 16, 2018 on the website of the Ministry of Minority Affairs MoMA for any suggestions companyments for improvement of the draft Policy to be submitted by November 30, 2018 to the Ministry. Page 8 of 22 Distribution formula modified to ensure allocation of minimum number of seats during each year of the Policy period to Category I, Category I and Category II HGOs this gives allocation of minimum assured seats to each category during each of the years of the Policy period. Requirement of furnishing proof of payment for accommodation air travel for the registered HGOs of 2013 17 was removed. Page 12 of 22 distributed to Category I HGOs on pro rata basis on the basis of number of years of experience. Page 6 of 22 To give relief to the PTOs and to save them from unnecessary harassment, the provision for PTOs involved in companyrt cases adverse police report has been simplified. 4 of 2019 Ors. To give relief given to the small PTOs, the requirement of office area has been lowered. Visiting that place is pilgrimage for Muslim companymunity, which is known as performing Haj. Page 7 of 22 To remove ambiguity, requirement of Affidavit declaration clarified wherever mentioned in the previous policy were clarified in the draft policy. Taking into companysideration the suggestions companyments received on the draft Policy, twelve changes modifications were made in the draft Policy and final Policy was circulated on December 20, 2018. As the number of pilgrims during this period is unbounded, the Kingdom of Saudi Arabia has regulated and restricted, in public interest and for the safety of the pilgrims themselves, the number of persons who can visit Saudi Arabia and perform Haj, from time to time. After deliberations, the representatives of HGO associations prioritised their three proposals suggestions as under The total quota of 50,000 seats allocated to HGOs may be distributed without any companydition, i.e. Other two SANJAY KUMAR Date 2019.02.04 163137 IST Reason writ petitions are filed by the PTOs themselves. Saudi Arabia, is the most sacred place. Now the PTOs need number run around State District authorities for validating the layout plan of offices. Page 2 of 22 share of Indian pilgrims is limited by numbers, based on such a bilateral agreement, the Government of India also formulates its Haj Policy for smooth operations, particularly keeping in mind the interest of these pilgrims who are known as Hajjis . It may also be mentioned at this very stage that the earlier policy for PTOs for Haj 2013 17 was framed after a lengthy process of discussion on which detailed arguments were heard by this Court and it was ultimately approved vide judgment dated April 16, 2013 which is reported as Union of India and Others v. Rafique Shaikh Bhikan and Another1. The following nine eligibility companyditions required in the previous Policy have been removed in the new Policy To simplify the financial criteria for assessment, reduce the requirements and to remove any discretion due to varying accounting definitions. Further, following seven provisions of the Terms and Conditions have been simplified clarified at the stage of draft Policy Writ Petition Civil No. Purpose is to ensure companyplete package from the start of journey from defined places in India to Saudi Arabia, their arrangements for stay and performance of Haj and their smooth and safe return back to India. The requirement of layout plan has been simplified. The Annexures of the HGO Policy have been simplified to simplify the application process only one Annexure describing the eligibility companyditions and another Annexure regarding important instructions and guidelines . Requirement of giving details of arrival departure of pilgrims. It is the desire of every person of Muslim faith, living anywhere in this world, to visit Saudi Arabia for performing Haj, which is numbermally during the last month of the Islamic calendar being eleven days shorter than the Gregorian calendar since the dates cannot be fixed in the latter. 50 seats may be distributed to each eligible HGO and the remaining seats may be Writ Petition Civil No. To remove ambiguity, the requirement of agreement receipt of accommodation clarified. The Government assigned the work of formulation of next five year Policy to Indian Institute of Technology IIT , Delhi. In the process, number of persons from each companyntry to visit Saudi Arabia has also been restricted. These suggestions companyments were companysidered in the Ministry in companysultation with the IIT Delhi. Writ Petition Civil No. Requirement of Minimum Capital employed was removed. To reduce the documentation for filing application, requirement for assessing eligibility and to simplify the application process. Provision for the new entrants and the documentary requirements were given in detail to remove ambiguity and improved transparency. During the companyrse of hearing, this Court was informed that the representative of the HGO associations submitted before the Honble Minister that they have devised a new formula for distribution of seats. Annual turnover criteria clarified. Page 1 of 22 in all these petitions is companymon. Only one year documents are required number removed ambiguity and reduced the documentation. Secondly, the petitioners suggestion is only to take experience into account, whereas the Ministry has companysidered both experience and financial strength, as recommended in the IIT Delhi study itself. without imposing the companydition to charge additional seats over and above 45,000 seats at the rate of HcoI. The petitioner filed Writ Petition Writ Petition Civil No. Since the Writ Petition Civil No. Annexure of application format was removed. The issue raised Writ Petition Civil No. The representations companytained eight proposals suggestions. For Muslims, place of birth of Hazrat Muhammed, i.e. Three petitioner associations submitted their written representations to the Chair. Meanwhile, during the pendency of the finalisation of the recommendation for next 1 2013 4 SCC 699 Writ Petition Civil No. K. SIKRI, J. Petitioners in Writ Petition Civil Nos. The time of reporting has been doubled from 24 hours to 48 hours. For this reason these petitions were clubbed together and companynsel for all the parties were heard. and service provider. We number proceed to decide the companytroversy by this companymon judgment.
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2019_98.txt
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termination of the said mining leases held by M s. Assam Sillimanite Ltd. Now, therefore, the Govt. The petitioner companypany obtained mining leases from the Government of Assam to extract sillimanite in the Khasi and Jaintia Hills District. 4A 1 of the Mines and Minerals Regulation Development Act, 1957, as amended by the Mines Minerals Regulation Development Amendment Act, 1972 hereby terminates prematurely the mining leases of sillimanite mentioned below held by M s. Assam Sillimanite Ltd. with immediate effect and grants fresh mining leases over the same areas in favour of M s. Hindustan Steel Ltd., a Government Company, fully owned by the Central Government. Between 1970 to 1972, the Union of India, through its public sector companypanies, Hindustan Steel Ltd. and Bokaro Steel Ltd. negotiated with the petitioner for the purchase of its refractory plant and also for having the mining leases transferred to them. of Meghalaya, is of opinion that it is expedient in the interest of mineral regulation and development that the mining leases of sillimanite mentioned below held by M s. Assam Sillimanite Ltd. having its Registered Office at 13 A.T. Road, Gauhati in Meghalaya are terminated forth with And, whereas, in terms of Sec. In pursuance of the 1972 amendment, the State Government passed an order terminating the mining leases granted to the petitioner and granted fresh leases over the same areas in favour of M s. Hindustan Steel Ltd., a Government companypany, fully owned by the Central Government. The present position, therefore, is that the mining leases have been granted to the Hindustan Steel Ltd. and they have also been operating the mines for the past several years. Lease Locality Area in Period of Date of No. 4A of the Mines and Minerals Regulation Development Act, 1957, as amended by the Mines and Minerals Regulation Development Amended Act, 1972, the Central Govt. Though the refractory plant was number functioning properly and was on the verge of closure, the petitioner was number willing to transfer its mining leases to the public sector companypanies but was willing to supply the required quantity of sillimanite to the Bakaro Steel Plant. No order making a premature termination of a prospect ing licence or mining lease shall be made except after giving the holder of the licence or lease a reasonable opportunity of being heard. In pursuance there of, three lease deeds were executed by the State Government in favour of the petitioner. Where the State Government, after companysultation with the Central Government, is of opinion that it is expedient in the interest of regulation of mines and mineral development, preservation of natural environment, companytrol of floods, prevention of pollution or to avoid danger to public health or companymunications or to ensure safetyof buildings, monuments or other structures or for such other purposes, as the State Government may deem fit, it may, by an order, in respect of any minor mineral, make premature termination of a prospecting licence or mining lease with respect to the area or any part thereof companyered by such licence or lease Provided that the State Government may, after the premature termination of a prospecting licence or mining lease under sub section 1 or sub section 2 , as the case may be, grant a prospecting licenee or mining lease in favour of such Government companypany or companyporation owned or companytrolled by Government as it may think fit. The first was a lease deed dated 25.4.1952 for a period of 15 years in respect of an area of 129.60 hectares at Lalmati. of Meghalaya to make a premature . He submitted that, admittedly, numbernotice had been issued by the State Government before terminating the leases prematurely. hecteres Lease expiry Lalmati 129.60 15 years 24.4.1977 Nongmawait 777.60 do 9.4.1978 Wamsophi 363.00 do 7.6.1982 The petitioner filed a writ petition in the Gauhati High Court against the order dated 7.12. The three lease deeds were to expire on 26.5.77, 9.4.78 and 7.6.82 respectively but there was a clause for further renewal. However, in the meantime on the 2nd of November, 1972, the Central Government took over the management of the refractory plant under section 18 AA of the Industries Development Regulation Act, 1951. The petitioner companypany had also established a refractory Plant in 1961 near Ramgarh in District Hazaribagh. The second, dated 10.4.1963, was for a period of 15 years in respect of an area of 777.60 hectares at Nongmawait. 133/72 Whereas the Central Govt.,
having companysulted the Govt. It ap pears, however, that petitioner faced a number of difficul ties in operating the refractory plant and was explaining its difficulties to the State of Maghalaya which was formed in 1970. Jain, Ranbir Chandra, A. Minocha and Ms. Indu Goswami for the Petitioners. It, however, appears that Hindustan Steel Ltd. had taken possession of the properties in question and the interim stay was also vacated on 20th of January, 1987. The third one dated 8.6.1967 was for a period of 15 years and companyered an area of 363 hectares at Wamsophi. Dattar, A.K. Gangui, B. Misra, Ms. A. Subhashini, D.N. has requested the Govt. of Meghalaya in exercise of the powers companyferred by Sec. Chart, Mrs. Binu Tamta, Mrs. B. Sunita Rao, Ms. Manjula Gupta and Badrinath for the Respondents. Gupta, V.S.N. Mukharjee, R.P. The order, made in the name of the Governor, reads as follows Dated, Shillong 7th Dec., 1972. Abdul Khadar, L.N. Mahajan, R.B. Sinha, V.C. Though several objections have been raised to the action of the State Government in the writ petition, including a challenge to the validity of section 4A, the arguments before us were restricted by Shri P.C. Sen, P.C. Kuldip Singh, Additional Solicitor General, M.M. Under Article 32 of the Constitution of India Kapil Sibal, A.K. This take over was challenged by the petitioner companypany but its chal lenge was repelled by the Delhi High Court and a Special Leave Petition was filed, which is pending in this Court. 1972 but it was number able to obtain any ex parte interim orders. 1472 77 of 1987. Our task in the present writ petition has been companysiderably simplified because the above civil appeals have been disposed of by this Court by its judgment dated 6th May, 1988, which is reported in 1988 3 S.C.C. It is also stated that some negotiations took place as a result of which the petitioner was planning to re open the factory on 6.11. The petition was withdrawn from the Gauhati High Court and the present peti tion under Article 32 has been filed in this Court. 1973, this Court issued rule nisi and also directed the maintenance of the status quo pending numberice. The Judgment of the Court was delivered by RANGANATHAN, J. This writ petition came up for hearing on earlier occa sions but it was adjourned from time to time as the same issue was pending decision in this Court in the case of State of Haryana v. Ram Kishan Ors.,
Civil Appeals Nos. 105 of 1973. 416. ORIGINAL JURISDICTION Writ Petition No. Jain to only two aspects.
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1990_127.txt
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the respondent Gurnam Kaur moved the High Court under Art. 3189/1989. The respondent Gurnam Kaur was one of the plaintiffs and she had been in occupation of a site admeasuring 6 ft.
x 4 ft.
on the basis of tehbazari licence intermittently since the year 1960 and had been paying the licence fee therefor. The main question involved in this appeal from a judgment and order of a Division Bench of the Delhi High Court dated March 11, 1987 is whether the High Court was justified, in the facts and circumstances of the case, in issuing a direction to the appellant Municipal Corporation of Delhi to companystruct a stall or a kiosk on the pavement near the OPD gate of the Irwin Hospital, Delhi within two months from the date of its order or in the alternative, to furnish a plan with requisite sanction to the respondent Gurnam kaur to enable her to companystruct a stall of her own. B. Saharya for the D.D.A. A Division Bench of the High Court by the impugned judgment has partly allowed the writ petition holding that the judgment of the learned Subordinate Judge which was a judgment inter partes had become final, number having been appealed from and therefore the respondent companyld number be removed from pitching her stall on the pavement outside the main OPD gate of the Irwin Hospital where she was squatting. The decree passed by the learned Subordinate Judge number having been appealed from by the Municipal Corporation of Delhi has since become final. Jose P. Verghese and O.P. 226 of the Constitution in April, l986 for the issuance of an appropriate writ or direction restraining the Municipal Corporation from evicting her without the due process of law. From the Judgment and Order dated 11.3.1987 of the Delhi High Court in C.W.P. 875 of 1986 B. Datar and Ranjit Kumar for the Appellant. The issue involved is as to the precedential value of a direction earlier made by this Court on a petition under Art. 32 of the Constitution based on companysent of the parties with the reservation that it should number be treated as a precedent. Verma for the Respondent. The Judgment of the Court was delivered by SEN, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. No.
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1988_511.txt
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5000 said to have been paid to grampanchayat ram rai is proved through the evidence of devi dayal p.w. 1000 was paid to the grampanchayat bah manwas for. 2500 in december 1966 to the grampanchayat bibipur and rs. that of ram singh p.w. 1000 on january 9 1967 to the grampanchayat bahman was rs. 500 each on january 9 1967 for public utility works to the grampanchayat ram rai dhanak community centre at lajwana kalan the balmiki harijan community centre at village mehrra and rs. 5000 on february 13 1967 for a sacred tank in village ram rai rs. this was sought to be proved through ram dutt p.w. devi dayal was his rival candidate in 1952 and had made several applications against the answering respondent. 500 for the repair of a harijan well at lajwana khurd. the two witnesses were proved to be hostile to the answering respondent. the answering respondent stated that he had companylected rs. 19 and jailal p.w. in respect .of the amount paid to lajwana kalan the evidence was. it is in evidence that ram dutt was very friendly with the election petitioner and even gave his truck for the use of the petitioner. ii and mangal singh p.w. this money was sanctioned on december 8 1966 even before the companygress had given ticket to the answering respondent. ram rai being his native village he was interested in the work of the panchayat and as there was water shortage he gave the village panchayat this amount to help them to improve the sacred tank. the application for the companygress ticket was made by the answering respondent on december 6 1966 and the grant being made on december 8 1966 the evidence of devi dayal that the grant was after the numberination was definitely false. 13 the polling agent of the election petitioner shri phula p.w .14 whose demeanumberr was companymented upon by the learned judge and one of the candidates mangeram p.w. this was a month or a month and quarter before the election. mangal singh is the editor of a weekly journal which published several companyplaints against the answering respondent. based on certain companyrupt practices of the answering respondent who was. a minister for irrigation power in the ministry of shri bhagwat dayal sharma till the result of the election. the respondents were other candidates. it is said that before these grants were made the minister visited these several villages and the voters told him that they were number going to vote for him as he had done numberhing for their uplift and on his promising the said sums the voters were won over with the result that the answering respondent secured the bulk of the votes from these. he was charged with having used his position as minister in various ways to further his own election. the evidence here also does number show that there was any bargain for votes. the election took place on february 19 1967 and the results were declared two days later. n. dikshit and r. n. dikshit for respondent number 1.
the judgment of the companyrt was delivered by hidayatullah j. the appellant ghasi ram was one of the candidates at the general elections from the jclana constituency of haryana to the state legislative assembly. 25000 for the sacred tank even before he became minister that through his efforts a pucca road a dispensary a veterinary hospital a post office and water works were established. evidence was found to be unsatisfactory either because of the interest in themselves or in other candidates or because of. 21 a helper of one other candidate their. the first respondent was declared elected having secured 9000 and old more votes than the appellant. the present appeal has been filed by the appellant against the judgment of the high companyrt of punjab and haryana at chandigarh september 12 1967 by which the election petition was ordered to be dismissed. a primary school. the attempt to prove that they were a part of a bargain was discountenanced by the high companyrt. civil appellate jurisdiction civil appeal number 1632 of 1967.
appeal under s. 116 a of the representation of the peoples act 1951 from the judgment and order dated september 12 1967 of the punjab and haryana high companyrt in election petition number 24 of 1967.
naunit lal and b. p. singh for the appellant. this was by a resolution of the government in numberember 1966 ex. the sum of rs. he had also got a primary school upgraded. the high companyrt did number find any evidence which would bring the matter within s. it declined to believe these hostile witnesses and on a companysideration of the evidence we are number satisfied that the companyclusion was erroneous. internal discrepancies and defects. the petition was.
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1968_190.txt
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574 A of 1976. On 22nd September, 1976 Shri B. Singh sent his bill for drafting, filing and companyducting objections. The objections were filed on 29th September, 1976 i.e. This intimation was given by Shri Singh on 13th October, 1976 a day after the objections were returned by the office. By another letter dated 29th September, 1976 Shri B. Singh stated that the objections have already been filed. 13th October, 1976. Again on 13th October, 1976 Shri B. Singh wrote to the appellant in which he referred to his engagement for drafting objections and filing and companyducting the same in the High Court and the fees demanded by him. After writing this letter to Shri B. Singh the appellant engaged another advocate Shri Mukherjee. By the letter dated 21st October, 1976 Shri Singh demanded Rs. He further stated that the objections filed by him have been returned and the same must be refiled after removing the objections otherwise the award will, be. Shri Singh wrote to the appellant informing him of the return, the necessity for removing the objections and refiling the objections and threatening that it the fees were number paid the matter would be held up. By the next letter, the appellant in companytinuation of letter dated 21st August, 1976 requested Shri B. Singh to file the objections and to companyduct the case on their behalf and asked for the objections to be filed within the time prescribed. for extension of time to enable him to file the objections. In reply to the letter dated 13th October, 1976 of Shri B. Singh the appellant asked for particulars as to the circumstances in which the objections filed in the companyrt were returned and the work that needed to be done before refiling and the time by which it has to be refiled. In these circumstances, the appellant prayed for companydonation of delay in filing the objections and. By another letter the appellant undertook to pay Shri Singh according to schedule of fees by 1st week of October, 1976. The objection for setting aside the award was filed in the High Court on 29th September, 1976 within the period of limitation. In the meantime Shri B. Singh wrote a letter to the appellant stating his stand in the matter of settlement of his fees. The letter also stated that Shri B. Singh will be paid as per schedule of fees in the first week of October, 1976 subject to certain adjustments. Stating that the appellant has decided to challenge the award, the companynsel was requested to draft and file the objections within the time allowed for filing the objections. On 21 10 1976 the appellant wrote to Shri B. Singh stating the facts and saying that it was never agreed to between them that a sum of Rs. The Plea for companydonation of delay and for the extension of time for filing the objection for setting aside the award Was on the ground that the appellant was unable to file the petition as its advocate Shri B. Singh exerted illegal and unethical pressure and wanted a sum of Rs. On 27th August, 1976 the arbitrators filed the award in the companyrt. The letter further stated that the points raised by Shri B. Singh in his letter are being looked into and a further companymunication will follow. The appellant proceeded to state that Shri B. Singh was paid a lump sum of Rs. Soon after the award was passed before the receipt of the numberice on 31 8 1976 the appellant wrote a letter to Shri B. Singh, advocate, on 21st August, 1976 informing him that the arbitrators have filed their award on 23rd July, t976 and as per the award the appellant was directed to pay a sum of Rs. The appellant also informed Shri B. Singh that its Law Officer would be available for discussion in this case and for preparing Objection petition in regard to the award. It may be numbered that the objections filed in the companyrt were actually returned on 12th October, 1976 and the letter demanding the fees and threatening further action will number be taken if the demands were number met was written by Shri B. Singh on the next day i.e. 2522 of 1976 under clause 4 of Chapter V of the Delhi High Court Original Side Rules for determination of authority of Shri B. Singh to act as advocate on his behalf and another out of which the present appeal arises for companydonation of the delay and for extension of time for filing objections for setting aside the award. The Registrar of the Court having returned the objections for re filing after removing the defects, the objections ought to have been refiled within a reasonable time but as the appellant did number file them within reasonable time there was numbersufficient cause for exercising its discretion. When the matter was taken up by the Deputy Registrar on 25th October, 1976, Shri D. P. Mukherjee, Advocate, appearing on behalf of the appellant made a submission that the appellant wanted to change its advocate and that it may be given some more time for filing the objections. But as the objection petition was defective, in that the necessary stamps were number affixed and the date of tiff verification of the petition was number entered, the memorandum of objection was returned on 12th October, 1976 for rectifying the defects. 574 A of 1976 by a single judge of the High Court of Delhi whereby he dismissed the appellants petition for companydonation of delay in filing the objection for setting aside the arbitration award given by respondents 2 and 3. On 25th October, 1976, when the case came up for hearing before the Deputy Registrar, Mr. Mukherjee, appearing for the appellant, submitted that Indian Statis some more time for filing the objections. 3000/ and the second item for professional fees for filing and companyducting the objections in the High Court of Delhi as per companyumn 4 a of the schedule of fees amounting to Rs. He stated that though it has been repeatedly made clear that the objections would be filed only after receiving full payment, still keeping in view the entire circumstances, the objections were filed on 29th September, 1976. Regarding the companyduct of Shri B. Singh the companynsel who was engaged by the appellant we feel the less said the better. The High Court also was of the view that as objections filed on 29th October, 1976 were number stamped, it companyld number be deemed to have been filed at all. The petition for determination of authority of Shri B. Singh to act as advocate was ordered and we are number companycerned with that in this appeal. within time but numberstamps were fixed to the objections and the date of verification was number entered. The appellant was served with a numberice on 31st August, 1976 calling upon it to submit the objection for setting aside the award within one month from the date of the service of the numberice. The request for extension of time was strongly opposed by the respondents on the ground that the time for filing objections had already expired. The bill companytained two items One for professional fees for drafting the objections as per companyumn, 3 d of the schedule amounting to Rs. In the meanwhile the appellant requested Shri B. Singh as its lawyer to look after their interest with utmost care and diligence and asked for the documents to be filed in time. The companyrespondence between the appellant and the advocate Shri B. Singh which is relied on for proving the obstructive attitude of the learned companynsel for the appellant, which resulted in the delay, may be referred to. To sum up the reasons given by the learned Judge are i though Shri B. Singh may have acted without care or attention of the interest of his client or may have behaved recklessly, but nevertheless as he was negligent the companyduct on the part of the companynsel cannot be held as sufficient cause for companydonation of delay the companyrt found that Shri Mukherjee, companynsel for the appellant was unable to take any steps for filing the objections for setting aside the award before 21st January specially when the material for drafting objections was already available either in companyrt records or in the records with the appellant iii Though it is number clear as to what time the Deputy Registrar gave for removing the objections and refiling, it was number done within a reasonable time. The appellant also informed Shri B. Singh that it has decided to withdraw the power in his favour and requested him to handover all the documents and papers immediately. On 10th November, 1976 two applications were filed by the appellant I.A. The matter was listed to be posted before the companyrt for order on 15th November, 1976. A dispute arose and the matter was referred to respondents 2 and 3 who gave an award on 23rd July, 1976. Shri Singh required papers along with the cheques for professional fees to be handed over to him failing which further action in the matter will be held up and the appellant will be held responsible for all the companysequences. On 6th August, 1976 the first respondent filed a petition under section 14 of the Arbitration Act in the Delhi High Court calling upon respondents 2 and 3 to submit the award and records of the arbitration proceedings to the Court. N. Mukherjee, D. P. Mukherjee, G. S. Chatterjee and A. Gannguli for the appellant. 15,000/ would be paid to him. A companytract was entered into between the appellant Indian Statistical Institute and the first respondent Associated Builders Ors.,
in respect of the work for companystruction of Indian Statistical Institute Campus at Hauz Khas, New Delhi. 3000/ which was admittedly paid. 3,000, and it is surprising that even after receiving Rs. 15,000/ . 3,04,510.33 will be passed against the appellant. 15,000.1 unjustifiably. The High Court also was number inclined to exercise its discretion and companydone the delay and to direct the payment of the deficit companyrtfees. 1298 of 1977. At the companyclusion of the hearing of the appeal on November, 7, 1977 we had passed the operative part of the order stating that a reasoned judgment would follow. The companytract provided for arbitration for settling any dispute that may arise between the parties. 3,04.510.33 p. to the respondents. 3,000/ he bad number cared to give credit for the said amount in the above mentioned bill. T. Desai and Bishainber Lal for Respondent No. The Judgment of the Court was delivered by KAILASAM, J. made a rule of the Court and thereby a decree for Rs. Appeal by Special Leave from the Judgment and Order dated 7 2 77 of the Delhi High Court in Suit No. We number proceed to give the reasons. This appeal is by special leave against the judgment and order dated 7th February, 1977 in suit No. CIVIL APPELLATE JURISDICTION Civil Appeal No. No.
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1977_347.txt
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As the instrument was stamped only with a stamp of Rs.5/ the R.D.O. The R.D.O. The order of the R.D.O. On the strength of the said report the R.D.O. LITTTTTTTJ When a document was found to be insufficiently stamped the further proceedings were, unwittingly, diverted through a wrong track. found that the market value of the property was Rs.64,880/ and hence the agreement of sale should have been stamped with an additional duty of Rs.3,895/ . numbered that the document was executed on a stamp paper worth Rs.5/ whereas the companysideration involved was Rs.20,000/ . He also found that appellant did number pay the amount of Stamp duty before preferring an appeal which is a companydition precedent for filing such appeal. Appellant challenged the said order by filing an appeal before the Senior Civil Judge purportedly under Section 47A 4 of the Indian Stamp Act, 1899. When the agreement was produced in companyrt it was found to be insufficiently stamped and the learned Munsif impounded it and forwarded the instrument to the Revenue Divisional Officer RDO for the purpose of taking further action on it the Collector must have delegated his powers to the D.O. First is that the order challenged before him was number passed by the registering authority number the procedure laid down in Section 47A of the Stamp Act was followed. The said section is included in the Stamp Act as per a State amendment carried out by the State of Andhra Pradesh . The Senior Civil Judge pronounced the judgment on 12.3.1999. A Single Judge of the High Court of Andhra Pradesh pointed out that as per the proviso to Section 47A of the Act numberappeal shall be preferred unless and until the difference, if any, in the amount of duty is paid by the person liable to pay the same, after deducting the amount already deposited by him. Appellant filed a civil suit before the Munsif Court, Madanapalle Andhra Pradesh as early as 1988. The main relief claimed in the suit is enforcement of an agreement executed on 26.6.1986 for sale of an immovable property. Hence the revision petition was dismissed with the following observations Deposit of amount is a companydition precedent for filing the appeal. imposed a penalty equivalent to ten times of the deficiency which amounted to Rs.38,950/ . Learned Senior Civil Judge found that the appeal was number maintainable for two reasons. He called for a report from a subordinate revenue officer regarding the real market value of the property which is mentioned in the document. After it companyered a long distance everybody companycerned realised that the lis was proceeding through a wrong companyrse. was passed on 4.7.1998. It has number to be reversed and put in the proper track. Even though the appellant made a plea before the High Court for giving him some time to pay the amount learned Single Judge found that numbersuch time can be granted at that stage since he has already preferred the appeal. On both premises the appeal was dismissed as number maintainable. Appellant filed a revision petition before the High Court challenging the judgment of the Civil Judge. In fact numberice was issued to the respondent on the strength of the above submission. THOMAS, J. Leave granted. in that behalf .
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2001_254.txt
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The order of detention as well as the grounds of detention were served on the detenu on 26th February, 2002. The Advisory Board companysidered the case of the detenu on 19th April, 2002 but the opinion of the Advisory Board was number in favour of the release of the detenu. In the said representation various grounds were raised challenging the order of detention and praying that the order of detention be revoked as there was numbersufficient cause for the appellants detention. The case of the appellant is that he made a second representation on 19th April, 2002 but the same was number companysidered and the order of detention was companyfirmed. The detenu on 12th April, 2002 submitted a representation to the detaining authority, the Secretary to the Government of India, Ministry of Finance as also to the Chairman of the COFEPOSA Central Advisory Board. By order dated 8th May, 2002 the representation of the detenu was rejected by the Central Government after careful companysideration. Thereafter the detaining authority passed an order on 6th May, 2002 rejecting the representation of the detenu after fully companysidering the same. He also challenged the order companyfirming the detention under Section 8 f of the Act because the same was passed without first disposing of the second representation which was made by the detenu on 19th April, 2002. In the instant case the meeting of the Advisory Board took place on 19th April, 2002 and the second representation also bears the same date. Yusuf Razak Dhanani by his father Shri Abdul Razak Dawood Dhanani appellant herein, challenging his detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 hereinafter referred to as COFEPOSA . It is number in dispute that the order of detention dated 20th February, 2002 was passed by the Joint Secretary to the Government of India, who was specially empowered under Section 3 1 of the COFEPOSA in this behalf. This appeal by special leave is directed against the judgment and order of the High Court of Judicature at Bombay dated 24th July, 2002 in Criminal Writ Petition No.464 of 2002 dismissing the writ petition filed on behalf of the detenu Mohd. J U D G M E N T P. Singh, J.
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2003_269.txt
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Respondent No.5 was accordingly selected and promoted to the post. In the interview both the appellant and respondent No.5 were awarded 30 marks. In this way, out of 100 the appellant had 56.6 marks as against 62.0 secured by respondent No.5. Respondent No.5 was granted promotion to the post on 19 May 1997 in preference to the Appellant. The appellant objected to the posting of Mr. Unhelkar as he was from the main stream and his posting in Rajbhasha was in violation of the Government guidelines. of Agra University from where respondent No.5 took his Graduation and Masters degrees . As numbered above, the educational qualifications referred to by the appellant pertain to the entry level post of Hindi Officer Scale I. The appellant was promoted as Hindi Officer Class I in 1976 and respondent No.5 came to join that post in 1978. The remark Very Good carried 32 marks and Good 24 marks. A dispute over promotion to the post of Chief Manager, Rajbhasha in Senior Manager Grade, Scale IV in the Central Bank of India has brought this matter to this Court. Thus the Performance Appraisal Ratings of the appellant averaged out to 26.6 and that of respondent No.5 to 32. Later on both of them were promoted to scales II and III and it was after about 20 years of entry into service that both of them came up for companysideration for promotion to SMG Scale IV. On the retirement of Mr. Arjun Bhaya, General Manager, Hindi Cell, one Mr. S.C. Unhelkar, Chief Manager System and Procedure from the main stream of the Bank was posted as Chief Manager, Rajbhasha on 1 April, 1996. A number of affidavits have been filed both by the appellant and respondent No.5 bringing on record his Masters degree, the Bachelor level marks sheets and companyrses of studies etc. Apparently, however, the High Court was number informed and it was companypletely overlooked that the educational qualifications referred to by the appellant pertained to the entry level post of Hindi Officer in Scale I. Since the issue of the educational qualifications came under discussion in the High Court judgment, before this Court it has been vastly expanded and turned into practically the main plank of attack to the promotion given to respondent number5. In the annual PARs, however, though the appellant had Very Good, same as respondent number5 for the year 1994 95, for the other two years 1995 96 and 1996 97 he had only Good against Very Good obtained by respondent number5. The appellant after unsuccessfully challenging the promotion granted to respondent number5 before the Bombay High Court has brought the matter to this Court. For the promotion in question, the appellant and respondent number 5, both of whom had companypleted five years qualifying service in MMG Scale III were assessed in the same way. 1412 of 1997. He challenged the promotion given to the respondent before the Bombay High Court in Writ Petition No. Similar objections were also raised by the Central Bank Officers Association. AFTAB ALAM, J. Leave granted.
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2008_2315.txt
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According to the school certificate produced as additional evidence along with this petition, his date of birth is 04.01.1980. 15.11.1994. The petitioners prayed for quashing the death sentence on the ground that the appellant was a juvenile on the date of the companymission of the offence i.e. It transpires that along with the memorandum of appeal, the appellant did file two certificates dated 28.04.2001 and 02.08.2002 issued by School authorities in West Bengal to the same effect but they were number brought to the numberice of the Bench at the time of hearing of the appeal. In one of the grounds, it was pointed out that the school certificate filed by the petitioner along with the appeal was number taken into companysideration. A review petition was filed by the companyvicted appellant. It is number known whether it formed part of the relevant record furnished by the Registry to the amicus curiae who pleaded the case of the appellant. In the review petition, the grounds raised were in regard to the age of the accused appellant. 824 of 2002, question the legality of the death sentence imposed on the appellant by the Additional Sessions Judge, Dehradun which was companyfirmed by the High Court on reference made to it and further companyfirmed by this Court on the appeal filed by the appellant. By this Writ Petition under Article 32 of the Constitution, the petitioners, who are the parents of the appellant in Criminal Appeal No.
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2005_644.txt
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Chao Khan and Baddal died on the spot. A 1 then fired from his pistol hitting Chao Khan on the head whereas A 2 fired from his pistol at Baddal. Both Chao Khan and Baddal sustained fire arm injuries on their heads and as a result thereof they fell down. It is also number seriously disputed that Chao Khan and Baddal met with homicidal deaths. He testified that he alongwith Chao Khan, Baddal, Isrile and Risal were going to Ferozepur Jhirka to attend the pending criminal case under the Arms Act. Dr. Jai Kishan PW 9 companyducted the post mortem examination on the dead bodies of Chao Khan and Baddal. Both the eye witnesses testified that A 2 fired from his pistol at Baddal. Chao Khan and Baddal fell down and thereafter other accused persons started that Isrile PW 11 who moved forward to intervene was assaulted by A 8 and A 9 with lathis causing injuries to him Isrile . It is companymon premise that chao Khan and Baddal were the accused in the criminal case relating to companymitting the murder of Asru and, Therefore, it would be quite reasonable to expect that Chao Khan and Baddal would take their close relatives with them while going to the companyrt at Ferozepur Jhirka. A 1 then fired a shot from his piston which hit Chao Khan on his head. The evidence of these two eye witnesses find companyroboration from the person of Chao Khan. Isrile PW 11 an another injured eye witness the son in law of Baddal. Chao Khan, Baddal and their close relatives were being tried for companymitting the murder of Asru and the said trial was pending at the relevant time. x 1/2 c.m. He further opined that injury No.9 on the person of Chao Khan companyld be the result of gun shot. x 2 c.m. A 2 fired a shot from his pistol which hit his father Baddal on his head. x 3 c.m. Its size was 3 c.m. The size was 25 c.m. Their presence at the time of incident also appeared to us quite natural because they were going alongwith Chao Khan and Baddal to attend the criminal case which was fixed on 5th January 1990 at Ferozepur Jhirka. It is further alleged by the prosecution that Chao Khan and Baddal were also facing criminal trial under Section 25 of the arms Act which was then pending before the Judicial Magistrate Ist Class, Ferozepur Jhirka. Isrile PW 11 narrated by Saheed PW 10 . The prosecution story as disclosed at the trial is as under Chao Khan and Baddal the two deceased were residents of village Siraswal and owned agricultural land in the said Village. x 3.5 c.m. The injuries numbericed on the dead body of Baddal were as under An incised wound extending from right tempo parietal region to occipital region of the size 20 c.m. x 1.5 c.m. Both the witnesses have testified on oath that A 2 had fired from his pistol on Baddal on his head causing a fire arm injury and thereafter he fell down. he sent Isrile PW 11 to Civil Hospital, Ferozepur Jhirka for treatment. Asru, brother of A 1 and A 2, was killed about eight months prior to the incident in question which took place on 5th January, 1990, Chao Khan and Baddal alongwith their other brothers were charge sheeted for companymitting the murder of Asru and at the relevant time, trial was pending before the Sessions Court.,
Trial against Chao Khan and Baddal since deceased abated. The Judicial Magistrate Ist Class, Ferozepur Jhirka had fixed the case on 5th January, 1990 for trial and in that companynection, both Chao Khan and Baddal alongwith Saheed son of Baddal, Rial and Isrile PW 11 were going to the said companyrt for attending the criminal proceedings, At about 7.00 a.m. on 5th January, 1990, they left their village in a four wheeler and got down at the bye pass of Ferozepur Jhirka at about 9.30 a.m. Sessions Judge, Gurgaon for offences punishable under Sections 148, 302/179, 323/149 and 120 B of the Indian Penal Code for companyspiracy, rioting, companymitting the murders of Chao Khan and Baddal and causing injuries to Isrile PW 11 . long and 2 c.m. Injury No.1 on the person of Baddal was number the result of gun shot and companyld be caused by farsa lathi. As regards Chao Khan, he numbericed as many as nine ante mortem injuries which were as under Compound fracture of left forearm involving both the bones. Incised wound on the occipital with region of the size 7 c.m. Red bruise on right side of chest of the size 13 c.m. Abrasion 2 a.m. x 1/2 c.m. Both the companyrts below have accepted their evidence as credible one and we see numberreason to take a different view as regards the assault by the appellants on Chao Khan. Risal and Isrile PW 11 were made to wait near the dead bodies whereas Saheed PW 10 proceeded towards police station at Ferozepur Jhirka to lodge the companyplaint. This medical evidence lends companyroboration to the evidence of Isrile PW 11 when he asserted that he was present at the time of incident. When Isrile PW 11 tried to intervene, A 8 and A 9 gave him lathi blows causing bleeding injuries to him. Lacerated wounds on t h e neck of right ear of the size 1 c.m. Anterior surface of right side lobe of liver was lacerated and it was of size 7 c.m. fracture of the underlying bone was there and the brain tissue was visible. Right side of thorax companytained blood which was associated with laceration of right lung of the size 3 c.m. Fracture of right arm which was a companypound fracture. There was fracture of the underlying bone. The prosecution in support of its case mainly relied upon the evidence of Saheed PW 10 , Isrile PW 11 as witnesses of fact in addition to the evidence of other formal witnesses including the medical evidence. Dr. Jai Kishan PW 9 while giving evidence in companyrt has bifurcated injury Nos. On reading their evidence in proper perspective, we are of the opinion that the companyrts below have companymitted numbererror in accepting their evidence as credible one and companyvicting the appellants for the offences punishable under Sections 302/149 of the Indian Penal Code for companymitting the murder of Chao Khan. While giving evidence in the companyrt, he described an incised wound as injury No.1 and Iacerated wounds as injury No. Injury No.1 was an incised injury caused on the right temporal parietal region extending upto occipital region having dimension of 20 cm x 2 cms. He further urged that i n order to lend companyroboration to the evidence of these two eye witnesses, Dr. Jai Kishan PW 9 sought to bifurcate injury No.1 into injury No.1 and 1A and testified that injury No.1A companyld be caused by the fire arm. On punctured wound was at the right side of neck and another was on level of cheek and front of right ear very in from 1 c.m. Brain tissue was visible. The companyviction of the appellants under Section 148 of the Indian Penal Code also calls for numberinterference because the appellants who were more than five in number were armed with deadly weapons formed an unlawful assembly and assaulted Chao Khan Which had resulted into his death. Lacerated wound above the right eye on the fronto temporal region. and causing fracture of the underline bone. wide associated with fracture of underlying bone. The underlying bone was broken into pieces and the brain tissues were visible. Red bruise almost parallel to injury No. Ribs of right side from No. The injuries sustained by this witness were proved by Dr. Som Dev Gupta PW 8 who examined him on 5th January, 1990 at about 2.30 p.m. Multiple punctured wounds on right side of neck and face. This was an afterthought attempt the part of the prosecution to seek companyroboration to the evidence of eye witnesses from the evidence of Dr. Jai Kishan PW 9 , Relying upon this evidence of both these eye witnesses is untrustworthy and therefore the entire prosecution case against the appellants be rejected. Bruise of red companyour on the right side of chest. It was deep and extending to brain tissue. When they were proceeding towards the companyrt and reached near the bus stand of Ferozepur Jhirka, A 1 to A 4 and A 10, who where armed with companyntry made pistols, encircled them and in the meantime A 5, A 6, A 7, A 8 and A 9 who were armed with lathis came running at the place of occurrence by the side of the bus stand. A 3, A 4 and A 10 who were having pistols then fired in the air. The hairs had got cut by the injury. and 1A and testified t hat injury number 1A companyld be caused by fire arm whereas numbersuch bifurcation was found in the post mortem examination report. On dissection of skull it was found that the right temporal, parietal and occipital bones were fractured in pieces. The brain tissue was badly damaged. The incident in question took place on 5th January, 1990 at 9.30 a.m. and he lodged the First Information Report at the police station at 10.40 a.m. 5 of the size 20 cm long and about 3 cm wide. When he reached near Lal Kuan Chowk, he met SI Dharam Singh to whom he narrated the incident who recorded the companyplaint in writing and forwarded the same with his endorsement to the police station at Ferozepur Jhirka, On the basis of this report, the First Information Report came to be recorded. Blood was present in the right side of thoracic cavity. Multiple abrasions of various sizes on the back. Jai Singh A 11 came to be acquitted of all the charges. After getting down from the four wheeler at the bye pass, they reached at about 9.30 a.m. near the bus stand and at that time, A 1 to A 4 and A 10 who were armed with companyntry made pistols encircled them and in the meantime other accused persons who were armed with lathis came running towards them. In the meantime, he arranged removal of both the dead bodies to Community Health Centre, Nuh where Dr. Jai Kishan PW 9 companyducted the post mortem examination on 6th January, 1990 at about 9.30 a.m. During the companyrse of investigation, the accused came to be arrested on different dates i.e. Abdomen companytained blood, Right side of the heart also companytained blood. 9th January, 1990. 1A. All the accused thereafter fled away but while doing so, A 1 had left his pistol behind at the place of incident. SI Dharam Singh PW 14 reached the place of occurrence and started the investigation. At the outset, it needs to be stated that the incident in question took place on 5th January, 1990 at about 9.30 a.m. and the FIR was registered immediately at about 10.40 a.m. The medical evidence is, therefore, in companyflict with the account given by the eye witnesses. The other accused persons thereafter started hitting both the injured with the lathis. He opined that the injuries to the vital organs resulted in shock and haemorrhage and were sufficient in the ordinary companyrse of nature to cause death. He opined that the injuries to the vital organs which resulted in shock and haemorrhage, were sufficient to cause death in the ordinary companyrse of nature. The special report reached the Illaqa Magistrate on the same day at 4.40 p.m. He then stated that he lodged the First Information Report at about 10.40 a.m. Both these witnesses were searchingly cross examined on behalf of the defence we see numberreason to discard their evidence. He urged that the eye witnesses did number speak of an assault caused by the appellants by a sharp edged weapon. The appellants who were carrying the lathis thereafter assaulted him. The special report was received by the Illaqa Magistrate on the same day at 4.40 p.m. During their interrogation, they made statements which led to the recovery of pistols which came to be seized under the various panchnamas. The said report in all material particulars companyroborated his evidence in the companyrt. 4 to 9 were fractured. There was a long drawn enmity between the deceased and the accused. The six appellants alongwith five other accused persons since acquitted were put up for trial before the Addl. During spot Panchnama, he recovered certain articles including a companyntry made pistol of .12 bore with one live cartridge and one bullet metal . After holding the inquest on the dead bodies. The defence of the accused is that of total denial. A 1 and A 2 also owned agricultural land in the adjoining village called Luhinga Khurd. After companypleting the investigating, a charge sheet came to be filed against eleven accused persons for the aforesaid offences. They were also companyvicted under Sections 148 and 323 read with Section 149 of the Indian Penal Code and each one of them was sentenced to suffer RI for six months. P.KURDUKAR, J. They pleaded that they are innocent and they be acquitted. According to them, they have been falsely implicated in the present crime on account of enmity. on left wrist joint. Suffers from numberinfirmity. The seven companyvicts preferred an appeal to the Punjab Haryana High Court at Chandigarh and the learned Division Bench Vide its judgment and order dated November 22, 1993 upheld the companyvictions and sentences of the appellants but, acquitted Gaffar A 8 of all the charges. Aggrieved by the judgment and order passed by the High Court, the appellants, after obtaining Special Leave, have filed this appeal in this Court. All these articles were kept in the sealed packet. The substantive sentences were ordered to run companycurrently. in diameter.
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1997_214.txt
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On September 16, 1965 the Chief Engineer Western Command informed the Engineer in Chief that disciplinary action should be initiated against the appellant. North Western Zone addressed a companymunication to the Chief Engineer, Western Command that the appellants action showed indiscipline and that it should be reflected in his report. On November 22, 1966 the Chief Engineer, Western Command, wrote to the Engineer in Chief, Army Headquarters, New Delhi, companymunicating his decision on the representation of the appellant. Meanwhile on February 13, 1965.
the Chief Engineer. On December 24, 1964, the Chief Engineer, Western Command, Simla passed an order transferring the appellant from CWE Chandigarh to CE, Delhi and Rajasthan Zone, Delhi Cantt. Thereafter on May 30, 1966, the Chief Engineer Western Command addressed a companymunication to the Chief Engineer, Delhi and Rajasthan Zone, paragraph 4 of which is important and is as follows Since Shri Dayal Saran attains the age of superannuation on 14th May, 1966, it is numberuse to pursue the disciplinary aspect of the case any more. On January 29, 1966, the Chief Engineer, Delhi and Rajasthan Zone wrote to the appellant informing him that under Article 189 of the Civil Services Regulations he numberlonger had any lien on his appointment and advising him, in his own interest, to resume duty by February 15th, at least. On February, 1965, he sought a personal interview and followed it up with further representations on February 19, 1965 and February 23, 1965. On June 10, 1965, the appellant wrote to the Chief Engineer, Delhi and Rajasthan Zone that he was number willing to accept any movement order and that he had applied for leave preparatory to retirement as his circumstances did number permit him to companytinue in service any further. On January 8, 1965, the appellant submitted a representation to the Chief Engineer requesting the cancellation of the order of transfer as he had two daughters studying at Chandigarh, one in a companylege and the other in a school. In the letter dated February 23, 1965, he mentioned that if it was number possible for him to be retained at Chandigarh he might be granted leave preparatory to retirement. 1964, he made a companyplaint addressing a letter to the Engineer Incharge, Army Headquarters, New Delhi, that a certain companytractor who was given the work of companystruction of roads at Lalru was number doing the job according to specifications but instead of action being taken against him the matter was being hushed up. 1966, stating that as a companysequence of his letter dated June 10,1965, he must be companysidered to have retired on October 9, 1965. Apparently the appellant was companystruing his letter dated June 10, 1965 as numberice to the Government of his desire to retire from service and, further he was also under the impression that four months numberice was necessary. He should, however be informed that since he ceased to hold any lien on his permanent appointment in terms of Article 189 Civil Service Regulations, he is number entitled to any pension under the Rules. The appellant was working as Superintendent in the Military Engineering Service at Chandigarh. The formation companycerned should be directed to publish the event of his having lost the lien on the permanent appointment in his part II orders. After narrating the events it was finally said It will be realised from the foregoing that Shri Dayal Saran did number retire from service after giving due numberice to the Deptt.,
but on the other hand failed to join his new appointment within his joining time inspite of reminders. There were then several letters from the appellant demanding payment of pension and gratuity. Chinnappa Reddy, J. On November 16. An appeal under Clause 10 of the Letters Patent having been summarily rejected by a Division Bench of the High Court, the appellant has preferred this appeal by Special Leave of this Court. The order was required to be companyplied forthwith. To this the appellant sent a reply on. March 1.
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1980_12.txt
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One Parappa died leaving behind him two wives Basawa and Basavannewa and an adopted son also named Parappa. She inducted the defendant as her tenant. Basavannewa died in the year 1933 34 while Basawa died on May 22, 1959. After the death of Basawa, the plaintiff, Parappa called upon the defendant to deliver possession of the land and on his refusal to do so instituted the suit out of which the present appeal arises. When Basawa was alive, Parappa, the adopted son, had executed a deed of maintenance dated July 30, 1927 in her favour giving her certain land to be enjoyed by her during her life time. Datar, learned companynsel for the appellant was that under the provisions of Bombay Tenancy and Agricultural Lands Act, 1948, a widow was deemed to cultivate the land personally, even if such land was cultivated through tenants and therefore, a person who was inducted as a tenant by a widow companyld acquire numberrights under the Act so as to defeat the claims of the person succeeding the widow to the land. The suit was resisted by the defendant on the ground that he was a tenant and that he was number liable to be evicted under the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948. The submission of Shri R.B. The plea of the defendant was accepted by all the three companyrts below and the plaintiff has companye up in appeal to this companyrt under Article 136 of the Constitution. Chinnappa Reddy, J.
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1985_31.txt
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Thereafter it is recommended that Shri Babulal Jain, accountant, be promoted to the post of election supervisor. Grade II Accountant number, Election Supervisor, Election Branch, Collecotrate, Dewas M.P. Puranik was recommended to be promoted to the post election supervisor vide OM Sr.
1374/estab/98 dated 12.6.98. partial modification of OM Sr.
28.9.98/estab/98 Dewas dated 28.9.98 vide which he was appointed as Election Supervisor on the sanction of the Chief Election Officer M.P. The petitioner had been given the pay scale of Accountant Election Supervisor, on which post he was number promoted as per law. Thereafter Shri Babulal Jain, accountant, vide his application dated 25.7.98 has companysented to be appointed to the post of election supervisor. He was relieved of his duties as Election Supervisor with effect from 31.12.2001 by an Order dated 5.10.2001. He was purported to have been recommended for his alleged promotion to the post of Election Supervisor by the Collector, District Dewas MP in terms of a letter dated 25.7.1998 addressed to the Chief Electoral Officer, Bhopal in the following terms Election Supervisor posted in District Dewas has since superannuated. 4 Mr. Babulal Jain is senior to Mr. Puranik and experienced in election related work. On being appointed on higher post the pay fixation of the companycerned Government servant shall number be fixed under FR 22 D or 22 A rather on pay being drawn by him on lower post. Babulal Jain, then Asst. Encl Sd Photo Copy of ACRs Collector For the Years 93 97 District Dewas M.P. The said recommendation having been accepted, he was appointed to the said post in the pay scale of Rs. Photo Copy of his ACRs are enclosed. 179 as personal pay. The Government of Madhya Pradesh, however, issued a circular letter on or about 9.2.1999 in regard to the fixation of pay on appointment to the post involving higher duties and responsibilities, stating When any Government servant is appointed on higher post from one Department of Government to another department of the Government, the following guidelines are being issued State Government regarding pay fixation after careful companysideration Transfer from department of the Government to another on higher post shall number be treated as appointment rather posting. 2032/2003 centers around the interpretation of FR 22 D of the M.P. On or about 26.12.2001, his pay was directed to be re fixed in the light of the said Office Memorandum dated 9.2.1999 as on 1.1.2000 at Rs. He was later on put in the pay scale of Rs. Appellant was working as an Accountant. 6000 Rs. On or about 13.12.2000, the Collector added the word promotion in his offer of appointment by way of Corrigendum after the words until further orders In the light of the objection dated 24.10.2000 raised at the time of pay fixation of Sh. For filing of this vacant post, name of Shri R.B. 4500 125 7000 with one increment as his personal pay. On and from 1.1.2000 he started drawing a salary of Rs. the word promotion is added after until further order. He attained the age of superannuation on 31.12.2001. 4000 100 6000 until further orders. Questioning the said order, he filed an original application before the Madhya Pradesh Administrative Tribunal. Having regard to the fact that the appellant had filed a representation in respect of the said Order dated 13.12.2001 before the Chief Electoral Officer, Bhopal on 22.12.2001, the Tribunal in view of Section 21 b of the Administrative Tribunals Act, 1985 dismissed the said application summarily. A Writ Petition filed thereagainst has been dismissed by the High Court by reason of the impugned judgment stating It is clear from the reply that the original post of the petitioner is Asstt. 6625/ per month. Thereafter, at the companycerned Seniority list, being at serial No. 26015 of 2005 B. SINHA, J. Rest part of the order shall be effective as usual. Leave granted The question which has been raised in this appeal arising out of a judgment and Order dated 27.4.2005 passed by the Madhya Pradesh High Court in Writ Petition Civil No. Arising out of S.L.P. Civil Services CCA Rule. It was directed that excess amount paid to him be recovered. Superintendent. C No.
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2007_289.txt
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At the time when the occurrence in this case took place Nathulal was on bail. The motive alleged by the prosecution is that a few years prior to this incident the father of A2 Jawahar Singh was murdered for which the police had charge sheeted Nathulal and some others. There is numberdispute that Nathulal, the father of the house, and his wife Vidhya Devi and their two children Tej Singh and Rajvir Singh were shot dead while they were inside their own house on the night of 19.1.1985. Two eye witnesses were examined by the prosecution, namely, PW 1 Hukum Singh another son of Nathulal and PW 2 Kishan Sahai who is an immediate neighbour. Nathulal was companyvicted by the trial companyrt and he preferred an appeal before the High Court. They companyld see the incident while remaining inside that room and when the attackers left the scene after companypleting the occurrence PW 1 Hukum Singh lodged the companyplaint with the police on the same night. The gist of the prosecution case is that all the eleven accused entered into the companypound, variously armed with rifles, guns and pistols, and on the exhortation made by the second accused Jawahar Singh the shooting spree had been unleashed as against the inmates of the house. The evidence of PW 1 Hukum Singh was attacked before the High Court mainly on two grounds. For the said multiple murders eleven persons were charge sheeted by the police. Four inmates of a house were brutally murdered on the evening of 19th January, 1985. One is that it was number possible for him and three others to hide themselves inside a small room companyered by haystack. All were companyvicted by the trial companyrt out of whom three were sentenced to death and the remaining were sentenced to imprisonment for life. During the pendency of the said appeal he got his sentence suspended and was released on bail. But the appeals filed by them before the High Court were allowed by a division bench of the High Court of Allahabad and the companyviction and sentence passed on all the eleven accused were set aside. It is also number disputed that they were killed by firearms. The said judgment passed by the division bench of the High Court is in challenge before us in these appeals by special leave at the instance of the State of Uttar Pradesh.
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2002_102.txt
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355 of 1961 and 1 of 1962.
petitions under art. having thus been enrolled as an advocate of the mysore high court he set up his practice in the companyrt in tenali in guntur district and has been practising there ever since. in january 1961 the respondent number 1 the andhra pradesh public service companymission invited applications for selection for the posts of district munsifs in the state of andhra pradesh. vedavalli and a. v. rangam for the petitioner in ptn. we will accordingly state the facts in petition number 355 of 1961.
our companyclusion on the merits of the point raised by this petition will govern the decision of the other petition number 1 of 1962.
the petitioner j. pandurangarao belongs to a family which has been settled in the district of guntur in andhra pradesh for several generations past. according to respondent number 1 the petitioner satisfied the second companydition but did number satisfy the first since he had number been practising as an advocate of the andhra high companyrt. 309 in respect of the andhra judicial service. he passed his b. a. examination from the andhra christian college at guntur 1950.
thereafter he took his l.l.b. to this petition the petitioner has joined respondent number 1 and respondent number 2 the government of andhra pradesh represented by its chief secretary. degree from the nagpur university in 1952 and in 1954 he got himself enrolled as an advocate of the mysore high companyrt. the judgment of the companyrt was delivered by gajendragadkar j. these two petitions have been filed by itindra bhaskaracharyulu gupta and j. pandurangarao respectively under article 32 of the companystitution and in substance they challenge the validity of one of the rules framed by the governumber of andhra in exercise of the powers conferred on him by art. number 355/61 . the petitioner himself was born brought up and educated in the said district. the said paragraph reads as follows that at the time when the petitioner applies 1 he is practising as an advocate of the high companyrt 2 he has been actually practising in courts of civil or criminal jurisdiction in india for a period number less than three years. as the petitioner was qualified for this post he sent in his application on the 27th january 1961.
respondent number 1 however rejected his applications on the 25th september 1961 on the ground that he did number fulfil the companydition set out in paragraph 4 a 1 of the commissions numberification published on the 17th december 1960 by which applications had been invited. the facts on which the two petitioners have based their challenge are substantially similar and so it would be sufficient for the purpose of deciding the point raised by them if we state the facts only in one of them. number 1 1962 .
k. daphtary solicitor general of india t. v. r. tatachari and p. d. menumber for the respondents. original jurisdiction petitions number. april ii.
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1962_135.txt
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20287 of 2011 titled V. Sriharan Murugan v. Union of India and others, Writ Petition No. 20288 of 2011 titled T. Suthendraraja Santhan v. Union of India and others and Writ Petition No. 20289 of 2011 titled A.G. Perarivalan Arivu v. Union of India and others which are pending before the Madras High Court to this Court. L. K. Venkat and Javid Iqbal and others have filed these petitions for transfer of Writ Petition No. Vatheeswaran v. State of Tamil Nadu 1983 2 SCC 68, Sher Singh v. State of Punjab 1983 2 SCC 344, P. Mohammed v. State of Kerala 1984 Supp. The mercy petitions filed by the writ petitioners were rejected by the President of India on 11.8.2011. The Government of Tamil Nadu and some of the private respondents have companytroverted the petitioners assertion that the atmosphere in the State is highly surcharged and fair hearing of the writ petitions filed by the companyvicts is number possible in the Madras High Court. They have also questioned the locus standi of the petitioners to seek transfer of the writ petitions from the Madras High Court by alleging that they are merely busy body and are interested in publicity. They have pleaded that there is numberimpediment in the hearing of the writ petitions by the Madras High Court and the same should number be transferred merely because similar issue is pending before this Court. The petitioners have sought transfer of the writ petitions by asserting that hearing thereof in the Madras High Court may number be possible in companygenial atmosphere because of the agitation launched by different political outfits, extremist groups and lawyers and also because thousands of people gathered in the High Court premises and raised slogans outside and inside the Court premises. The petitioners in the second case have also pleaded that the main question raised in the writ petitions pending before the High Court is identical to the question raised in the cases of Devender Pal Singh Bhullar and Mahendra Nath Das, which are pending before this Court. The appeals filed by them were dismissed by this Court vide judgment reported as State v. Nalini 1999 5 SCC 253. Thereafter, they filed three writ petitions, of which particulars have been mentioned hereinabove, for quashing the rejection of the petitions filed by them under Article 72 of the Constitution on the ground of violation of the principles laid down in various judgments of this Court including T.V. The writ petitioners and some others were companyvicted by the Special Judge for offences under Section 302 read with Section 120B IPC and Sections 3, 4 and 15 of the Terrorist and Disruptive Activities Prevention Act, 1987 for short, TADA and were sentenced to death.
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2012_650.txt
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95 a of 1948 was directed against the 7th respondent. 95 of 1948 was filed in the District Court of Eluru by two ryots for a declaration that the alienations were void and did number companyfer any rights on the alienees. 95 of 1948 filed under S. 4 3 and 4 of the Andhra Pradesh Andhra Area Estates Communal Forest and Private Lands Prohibition of Alienation Act, 1947 hereinafter called the Act . The petitions were disposed of by an order of the District Judge dated July 18, 1950 holding that lands companyered by the pattas were forest lands and all the alienations were void and inoperative. 6 granted a third patta for Ac. 100 00 of land on November 9, 1944. 200 00 of land to respondents 2 to 5. The District Court however held that he petition was number maintainable by reason of the repeal of the Act by reason of the passing of a subsequent Act, XXVI of 1948 styled the Madras Estates Abolition and Conversion into Ryotwari Act, 1948, hereinafter referred to as the Act of 1948. On October 15, 1948 Original Petition No. 90 00 of land on November 25, 1944 On the same day, respondent No. 9534 of 1950 in the High Court of Madras. Against this the State Government filed a Revision Petition in the High Court of Andhra Pradesh numbering 1555 of 1955. By a judgment dated November 30, 1960 the District Judge allowed the petition negativing the companytentions of the respondent but holding that the lands were forest lands and transfers thereof were void. The said respondent who was a big landholder granted a patta to his wife, 7th respondent, for Ac. A civil Revision Petition was filed in the High Court of Madras by respondents 1 to 5 against the order of the District Judge. Another patta was similarly granted to the appellant in respect of Ac. 261 of 1952 wherein it was held that the petitioners as ryots had numberright to maintain the petition but reasonable opportunity should be given to the State to get transposed as the petitioner. 95/1943 being directed against respondents 1 to 6 while O.P. The High Court held that the dismissal of the petition on the ground of repeal of the Act was improper and that the petition should be disposed of on the merits and remitted the matter to the District Judge. The appellant and others filed Civil Revision Petitions in the High Court of Andhra Pradesh which were disposed of and dismissed by a companymon judgment dated August 24, 1965. Thereafter the said petition was split into two parts, O.P. Appeal by special leave from the judgment and order dated March 24, 1965 of the Andhra Pradesh High Court in Civil Revision Petition No. The State Government thereafter got itself transposed as the petitioner. By order dated 6th August 1952 both the petitions were dismissed by a single Judge of the Madras High Court. This appeal by special leave is from a companymon judgment and order of the High Court of Madras disposing of three Revision Applications arising out of O.P. 7 filed a Miscellaneous Petition No. 614 of 1966. The Act came into force on October 25, 1947. Ram Reddy and B. Parthasarathy, for the respondent. 966 of 1962. V. V. Nair, for the appellant. This was numbered as C.R.P. This order was how ever set aside in a Letters Patent Appeal filed by respondents 1 to 5 No. Respondent No. The Judgment of the Court was delivered by Mitter, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. 22 of 1951. Hence this appeal. No.
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1969_519.txt
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Electricity No.40/1996 and 43/96. O.P. No.40/1996 in one case and 43/1996 in the other case were filed before the Trial Court claiming additional companypensation, which was allowed. Dr. ARIJIT PASAYAT, J. L.P. C No.12436 and S.L.P. Several revision petitions were disposed of on the basis of an earlier decision of the High Court in CRP No.507 of 2001 by order dated 03.12.2004. In the civil revision petition, challenge was to the order passed by learned Additional District Judge, North Paravur, in O.P. 12438 of 2006 Leave granted. Challenge in these appeals in each case is to the judgment of a learned Single Judge of the Kerala High Court dismissing the Civil Revision Petition filed by the appellant. C No. The stand of the appellant in this case is that the relevant position in law was number kept in view by the High Court.
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2008_1126.txt
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