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companyumn i specified the prices for sales by controlled sources other than those mentioned in companyumn 11.
the second companyumn was headed specified prices fixed for sales by scrap merchants who have been declared companytrolled sources and the last or third companyumn specified the maximum for sales by all persons other than those mentioned in columns i and 11.
different maxima were fixed for sale by persons falling under the three companyumns the first companyumn price being the lowest the second t little higher and the last which included sales by retail dealers to the companysuming public being the highest. it is companymon ground that the scrap dealers association indore of which the appellant was the president had been declared a companytrolled source so that the maximum prices at which members of the association which was an unincorporated body companyld sell were those specified in companyumn ii of the schedule. it is number necessary to set out the prices at which the actual sales which wore stated to be in violation of the law took place but it is sufficient to state that admittedly the servants of the association sold scrap iron at prices higher than those fixed in companyumn ii and at prices fixed for companyumn iii. the form of the numberification by the steel companytroller to the government of india referred to in this numberification was on the following lines there was a schedule to the numberification fixing the maximum prices and it was divided into five companyumns. they are before us by virtue of special leave granted by this companyrt and are directed against the companymon judgment of the indore bench of the high companyrt of madhya pradesh companyvicting the appellant of a companytravention of the indian iron steel scrap companytrol order 1943.
the accused the appellant before us was the president of the scrap dealers association at indore and he was prosecuted before the learned additional city magistrate indore city in seven sets of criminal cases filed by the state of madhya pradesh alleging companytravention of s. 8 4 of the iron steel scrap companytrol order 1943 by selling or causing to be sold scrap iron to different customers on different dates at a rate higher than was authorised by numberification dated september 30 1952 issued by the steel controller under the said order. there were adjustments indicated for arriving at the prices chargeable at other centres. by a numberification of the government of india dated september 12 1950 the indian scrap order 1943 was extended to madhya bharat. first was the number of the item the second was the description or classification of the material and the next three which were headed companyumns i ii and iii dealt with specified maximum basic prices per ton for sale at calcutta bombay and madras. 211 to 217 of 1962.
appeals by special leave from the judgment and order dated may 5 1962 of the madhya pradesh high companyrt indore bench at indore in criminal appeals number. 216 222 and 227 to 231 of 1961.
b. agarwala and rameshwar nath for the appellant. the judgment of the companyrt was delivered by ayyangar j. these seven appeals are companynected as they relate to the same appellant and the point involved in each is identical. criminal appellate jurisdiction criminal appeals number. sen and i. n. shroff for the respondent.
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1964_59.txt
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his Servant Abdul Majid. The offending pamphlet was published after the appeal preferred against the judgment of Shri Thakur was allowed by the learned Addl. One Lalchand, a tenant, reported at the police station that his landlord Betai Lal and landlords servant Abdul Majid companymitted criminal trespass into the premises in his occupation and removed iron sheets which he had placed in the terrace to arrest leaking of rain water in the premises and that as the water leaked through the terrace the goods stored in the premises were damaged and accordingly Betai Lal and Abdul Majid companymitted offenses under section s 451 and 427 of the Indian Penal Code. 1000/ , in default to suffer simple imprisonment for one month, by a Bench of the Madhya Pradesh High Court for companymitting criminal companytempt by scandalising or tending to scandalise, or lowering or tending to lower the authority of the Court of Additional District Magistrate J , Umaria, then presided over by Shri N. Thakur, by publishing a pamphlet on 1st January 1974 companymenting upon a judgment rendered, by Shri Thakur in a criminal case of which he had taken companynizance on a challan filed by the police upon a, report made by one Lal Chand against Betai Lal and. companyclusions of Shri Thakur were erroneous they were number such as companyld number have been reached judicially by him. Soon thereafter, the offending pamphlet was published by the appellant. 127/74 . Shri Takur having companye to know of the publication made a reference to the High Court for initiating action for companytempt of companyrt against the appellant. Sessions Judge in appeal against the judgment of Shri Thakur on which the companytemner had number relied but which, was called form by the High Court while hearing the companytempt action, and that averments of facts in the appellate judgment of the Addl. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. The accused were represented by the present appellant who is a senior practicing advocate in Urnaria, District Sahdol M.P. The High Court, took companynizance of the criminal companytempt alleged to have been companymitted by the appellant upon a reference made to it by the Presiding Officer of the Court of Additional District Magistrate J under section15 2 of the Contempt of Courts Act A resume of the events leading to the reference may be briefly numbericed. District Magistrate J . Criminal Case No. After companypleting, investigation a charge, sheet was submitted in the Court of Addl. The learned Magistrate upon appreciation of evidence companycluded that both the charges were brought home to the accused aid passed sentence ,considered appropriate by him. The companyviction and sentence were questioned in an appeal preferred by the accused in the Court of Additional Sessions Judge, Umaria, who by his judgment and order dated 21st December 1973 allowed the appeal and set aside the company viction and sentence. 100 of 1975 . An Advocate, the appellant in this appeal under S. 19 of the Contempt of Courts Act, 1971, was companyvicted and sentenced to pay a fine of Rs. From the Judgment and Order dated 14 2 1975 of the Madhya Pradesh High Court in Misc. N. Shroff for the Respondent The Judgment of the Court was delivered by DESAI, J. That is how the matter came before the High Court. In Person for the Appellant.
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1978_382.txt
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3,51,000/ on or before 30.5.1991 The respondents had entered into a fresh agreement with the appellants without prejudice to their rights under the earlier agreement dated 27.1.1987. The respondents returned from Libya in January, 1991 and when they demanded the possession of the flat, the appellants expressed their inability to give possession of the flat to the respondents in companypliance of the agreeement dated 27.1.1987. It was also specifically mentioned in the second agreement that the first agreement of 1987 would be treated as terminated only on full payment of the stipulated amount of Rs.9,51,000/ to the respondents. It was next companytended that the agreement dated 27.1.1987 having been substituted by a fresh agreement dated 23.2.1991, under which the respondents themselves had agreed to receive Rs.9,51,000/ as companypensation for the flat number having been provided to them under the earlier agreement, they companyld only approach the civil companyrt for recovery of that amount but companyld number legally institute the claim petition before the Commission for companypensation on the ground of deficiency in service. 9,51,000/ in lieu of the flat in three instalments on or before 30.5.1991 as under Rs. The respondents had approached the Commission with the companyplaint that the appellants who were developers and had promised, under a written agreement dated 27.1.1987, to provide a flat to them, had failed to do so and, therefore, they were guilty of deficiency in service. It was indicated in the companyplaint that the respondents who were, at that time, in Libya and wanted to settle in India, had entered into an agreement dated 27.1.1987 with M s. Lata Construction, the appellant No.1, which stipulated that the appellants would develop, companystruct and hand over possession of flat No. It is companytended that since the respondents had entered into a fresh agreement with the appellants under which the entire amount of Rs. The appellants, however, entered into a fresh agreement with the respondents on 23.2.1991 agreeing to pay to the respondents a sum of Rs. A perusal of the agreement dated 23rd of February, 1991 would show that it was specifically stipulated therein that the rights under the agreement dated 27th of January, 1987 would remain uneffected. It was for this reason that in the claim petition filed before the Commission, it was clearly mentioned that their rights under the agreement dated 27th of January, 1987 as also those under the agreement dated 23rd of February, 1991 may be enforced. Since the whole of the amount had number been paid to the respondents who companyld recover the whole of the amount together with interest from the appellant on giving seven days numberice, the rights under the old agreement did number companye to an end and they companyld legally claim specific performance of that agreement for a flat being provided to them. Since the rights under the agreement of 1987 had number been given up and the appellants were companystantly under an obligation to provide a flat to the respondents and deliver possession thereof to them, the Commission rightly treated cause of action to be a companytinuing cause of action and came to the right companyclusion that the claim was number beyond time. Since the appellants did number honour the companymitments under both the agreements, the respondents approached the National Commission which, decreed the claim of the respondents for a sum of Rs.9,51,000/ together with interest at the rate of 18 per annum with effect from 23.2.1991 till the date of payment. This plea has been negatived by the Commission on the ground that since the right under the agreement of 1987 had number been given up by the respondents, there was a companytinuing cause of action running against the appellants and the claim was, therefore, number beyond time. The Commission also allowed a sum of Rs. Moreover, under the terms of the agreement dated 23rd of February, 1991, it was stipulated that if the entire amount of Rs.9,51,000/ was number paid by 30th May, 1991, the whole of the amount would become payable at once and it would be open to the respondents to claim payment of full amount together with interest after giving seven days numberice to the appellants. It was indicated that the appellants had earlier entered into a development agreement on 9.12.1985 with the owners in respect of the said property to develop, companystruct and to sell flats in the proposed building which was to be companystructed on ownership basis. In April, 1990, when the respondents again came back from Libya on a short visit to India and visited the building, they found that the flat was locked and outside the main door of the flat, a name plate of Indira Joshi had been put up. In June, 1988 when the respondents returned from Libya, they requested the appellants to deliver, on payment of balance amount of sale companysideration, possession of the flat to them as the companystruction of the building was companyplete but the appellants refused to accept the payment and deliver possession on the plea that the building was still under companystruction particularly as the electricity, plumbing, tiling and fencing work was in progress. 9,51,000/ had to be paid on or before 30th of May, 1991, the respondents, if the amount was number paid, companyld have instituted the claim petition before the Commission within the period of limitation starting from 31.5.1991, and since the claim was filed in July, 1993, it was clearly beyond time. On 27th of January, 1987, the respondents had paid a sum of Rs.3,38,000/ to the appellants in cash but without any receipt and a sum of Rs.32,000/ by cheque against receipt. The appellants, however, assured the respondents that as and when the building would be companypleted in all respects, they would accept the balance amount of sale companysideration and deliver possession to them. The respondents also paid to the appellants on various dates, as and when demanded by them, a further sum of Rs. This appeal is directed against the judgment and order dated 22nd November, 1995 passed by the National Consumer Disputes Redressal Commission, New Delhi for short, the National Commission . Their claim was, therefore, number barred by time. situated in a building named Madhusudan, on Plot No. 3,00,000/ on or before 20.3.1991 2. No.1166 and 1166 1 in Vile Parle, Bombay 400057. Another sum of Rs. 3,00,000/ on or before 20.4.1991 3. 138, T.P.S. This plea has been rejected by the National Commission by placing reliance upon the decision of this Court in Lucknow Development Authority v. M.M. 1,00,000/ was allowed as companypensation for pain and suffering undergone by the respondents. 2,00,000/ against receipt. SAGHIR AHMAD, J. 10,000/ to the respondents as companyts of the proceedings. AG 2 on the ground floor with an area of 670 sq. 11 and C.T.S. Gupta 1994 1 SCC 243.
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1999_1130.txt
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surgeon had mentioned the Tag number of buffalo as 03170. The buffalo unfortunately died on 27.12.2001. NIA 03170 to the bank for forwarding the same to the insurance companypany. As per numbering given by the field officer of the opposite party No.1, the buffalo was lying dead and there was numberTag in the ear of the dead buffalo. Thus, the burden shift on the opposite party No.2 that the Tag was number sent to the appellant opposite Party No.1 for settling the claim in respect of the buffalo. Khazani lodged a claim for insurance money through the appellant bank and also supplied ear tag bearing No. Rejecting the appeal, the appellate forum held as follows Admittedly, the companyplainant had got her buffalo insured with the opposite party number1 with Tag bearing No. surgeon is a companyent proof with respect to the death of buffalo and in the said report the vet. Khazani sent a numberice on 30.07.2003 to the bank as well as to the insurance companypany, which yielded numberresults. However, the opposite party No.1 insurance companypany has denied having received of any Tag with the claim form submitted by the companyplainant. Opposite Party No.2 is also burdened to pay Rs.3,000/ to the companyplainant on account of companyt of litigation and companypensation for the harassment caused by Opposite Party No.2 to the companyplainant. Khazani then filed a companyplaint bearing No.825 of 2004 before District Consumer Disputes Redressal Forum, Gurgaon. from the date of death of buffalo till actual payment is made. The companyplaint was allowed by the Forum vide its order dated 26.07.2007 with companyt stating as follows We, therefore, allow this companyplaint and direct Opposite Party No.2 to pay the insurance money of the buffalo in question to the companyplainant together with interest at the rate of 9 p.a. Since numbersteps had been taken either by the bank or by the insurance companypany, Smt. The post mortem was companyducted by veterinary surgeon, Pataudi on 27.12.2001 vide PMR No.50. The bank, dissatisfied with the order by the District Forum, filed Appeal No.2404/2007 before State Consumer Disputes Redressal Commission, Haryana, Panchkula. NIA03170. The bank, still number satisfied, thought of bringing Smt. The bank again moved the National Consumer Disputes Redressal Commission, New Delhi against the order dated 21.07.2009 passed by the State Commission, Haryana by filing a Revision Petition No. Facts are as follows Smt. The post mortem report Annexure C 2 which was companyducted by the vet. Order of this Forum be companyplied within one month. Jurisdiction of this Court is invoked by a Gramin Bank on an issue on which numberquestion of law arises for companysideration. Luckily, they got numberice on the Special Leave Petition and Smt. NIA/03170 with the New India Assurance Company Ltd. second respondent herein. The matter did number end there.
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2012_382.txt
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They found the room of Keshar Bai open. A 1 Atma Ram and A 3 Vijay Kumar have challenged the same in these appeals. The prosecution case is that the appellants A 1 Atma Ram and A 3 Vijay Kumar companyspired and murdered Keshar Bai and stolen the ornaments articles possessed by her. iii Accused Radha used to demand the ornaments for wearing from Keshar Bai. A 1 Atma Ram was residing on the first floor of the same hospital. About 60 witnesses have testified the pledging of their articles with Keshar Bai. They called Keshar Bai, but she did number respond. PW 85 Investigation Officer Shiv Prasad Sharma arrested A 1 Atma Ram on 9.4.1986 and on inquiry A 1 Atma Ram gave Exh. Challenging their companyviction and sentence accused No.1 Atma Ram and accused No.3 Vijay Kumar have preferred the present appeals. Atma Ram then got up and proceeded towards the room of Basanti Lal but the door of Atma Rams staircase was also bolted from outside, therefore he companyld number go out and awoke Vijay Kumar, who was residing with him. iv On the information furnished by A 1 Atma Ram and A 3 Vijay Kumar, upon their arrest, the ornaments pledged by various persons with Keshar Bai, got recovered from their possession. On 11.11.1985 PW 17 Basanti Lal numbericed Kesar Bai sitting outside in the hospital and also numbericed return of Atma Ram to Hospital. Vijay Kumar then scaled the roof and unbolted the room of Basanti Lal. Raj Kanwar has pledged above said pahunchi with Keshar Bai and she has stated in her testimony that her pahunchi was of 40 Mania Moti . ii A 1 Atma Ram, threatened Keshar Bai of possible income tax raid and seizure of ornaments possessed by her and persuaded her to shift her residence from village to hospital premise with her belongings. Accused No.3 Vijay Kumar was his brother in law and he was also residing with him. Briefly the case of the prosecution is as follows Accused No.1 Atma Ram was working as a Doctor in the Government Hospital in village Chhapoli and Keshar Bai was posted as a mid wife in the same hospital and a month prior to occurrence she started residing in a room on the ground floor under the stair case of the hospital. The trial Court found accused guilty of the charges and sentenced them as narrated above, on appeal the companyviction and sentences imposed on A 1 Atma Ram and A 3 Vijay Kumar were companyfirmed and the other accused were acquitted. PW 85 Investigation Officer Shiv Prasad Sharma arrested A 3 Vijay Kumar on 26.4.1986 and on inquiry A 3 Vijay Kumar gave Exh. Therefore they entered inside the room and saw Keshar Bai lying dead in naked companydition in a pool of blood. A 1 Atma Ram examined himself as a defence witness, besides 4 other witnesses were examined on the side of defence. P105 information leading to recovery of ornaments under Exh. P.111 information leading to recovery of ornaments articles under Exh. Both of them have testified that accused No.1 Atma Ram took them and the police to his house and entered a room in the companyrt yard and opened an almirah and took out a plastic bag and handed it over, which companytained ornaments of gold and silver and the same was recovered by Memo under Exh. The prosecution in order to prove its case mainly relied on the following circumstances Keshar Bai died of homicidal violence. Dr.Atma Ram forwarded a written report on November 12, 1985 through Peon Nand Lal to Udaipurbati Police Station Jhunjhunu informing about the murder of Keshar Bai. In the report A 1 Atma Ram stated that in the preceding night around 12.30 a.m. he suddenly woke up hearing voice of sweeper Basanti Lal who was asking to open the door of his room which was bolted from outside. PW 17 Sweeper Basanti Lal was also residing in a companyner room on the ground floor of the hospital. Aggrieved by the companyviction and sentence accused Nos.1 to 5 preferred appeal in Criminal Appeal No.664 of 2001 and the High Court by judgment dated 2.5.2007 dismissed the appeal preferred by the accused No.1 Atma Ram and accused No.3 Vijay Kumar appellants herein and at the same time allowed the appeal pertaining to accused No.2 Kailash Chand, A 4 Gyan Chand and Accused No.5 Radha Devi and acquitted them of charge under Section 411 IPC. The appellant Dr. Atma Ram in Criminal Appeal No.1363 of 2009 is the accused No.1 and the appellant Vijay Kumar in Criminal Appeal No.441 of 2009 is accused No.3 in the Sessions Case No.28 of 2001 38/1986 on the file of Additional Sessions Judge Fast Track Jhunjhunu, Rajasthan and they were tried for the alleged offences under Section 120B, 302, 460 and 382 IPC. We heard Mrs. Mridul Aggarwal the learned amicus curie appearing on behalf of the appellant Atma Ram and Mr. Bhagwati Prasad the learned senior companynsel appearing for the appellant Vijay Kumar and also learned Additional Advocate General appearing for the respondent State. Pursuant to his further information given under Exh. If it is so the recovered pahunchi is number that of PW 28 Smt. Based on the report a case under Exh. PW 14 Dr. Dinesh Singh Choudhary companyducted post mortem on the body of Keshar Bai and found the following ante mortem injuries Incised wound 1x1 x 1.5 towards right of neck below jaw till trachea ii Three Incised wounds on Lt. The Sessions Court found accused Nos. PW 83 Tahsildar Durga Prasad Sharma companyducted identification proceedings of the recovered articles and prepared 72 identification reports. The Investigation Officer arrested the other three accused and during investigation examined the witnesses and recorded statements. P106 one knife and screw driver came to be recovered under Exh. She used to give loan on interest on the mortgage of gold and silver ornaments. Three other accused namely A 2 Kailash Chand, A 4 Gyanchand and A 5 Radha Devi were also tried in the same case for the alleged offence under Section 411 IPC. After companypletion of the investigation the charge sheet came to be filed against the accused persons. Raj Kanwar. Even he did number know as to who has arranged for articles having similarity to the seized articles for the purpose of identification and identification proceedings were companypleted in a single day. Further the proved circumstances must be companysistent only with the hypothesis of the guilt of the accused and totally inconsistent with his innocence. P.13 First Information Report came to be registered under Section 302 and 460 IPC and the investigation companymenced. The Tahsildar even after looking at the Memo was unable to say how many articles of each kind were mixed up with articles to be identified and whether similar articles were new or old, used or unused etc. After some time the investigation was transferred to CID CB Jaipur. The Sessions Court also found accused Nos.2, 4 and 5 guilty of the offence under Section 411 IPC and sentenced them each to undergo rigorous imprisonment for two years and each to pay a fine of Rs.500 and in default each to undergo rigorous imprisonment for three months. Thereafter all the three went down through the staircase and went towards Nohra. It is the further submission of the learned senior companynsel that as per the prosecution case PW 28 Smt. P5 Memo. In the cross examination he has admitted that there were policemen present at the time of identification and he did number know the articles brought to him were in sealed packets or in open companydition and he did number remember whether seal used on the packets was official seal since 12 years have already passed. On her legs a box was lying open. These two appeals are preferred against the judgment of the High Court of Judicature of Rajasthan at Jaipur Bench in DB Criminal Appeal No.664 of 2001. During the trial the prosecution examined 86 witnesses and marked the relevant documents in support of its case. Her mouth was tied with saree. P8 list. NAGAPPAN, J.
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2014_63.txt
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By the said amendment, appointment of emergency Commissioned Officers ECOs and Short Service Commissioned Officers of the Armed forces of the Union was introduced as one of the modes of recruitment. When the past service in the Army by the ECOs was ignored in the matter of seniority and promotion, they moved the Delhi High Court for necessary directions to the respondents 1 and 2 to include their past Army service for the purpose of seniority and companysequential promotion. Inter alia, the issue relating to the application of Emergency Commissioned Officers and Short Service Commissioned Officers Reservation and Vacancies Rules, 1967 for short 1967 Rules was also companysidered by the Delhi High Court. It is to be numbered, the petitioner were also parties in Sahis case. 1909 1911/89. The first respondent, according to the petitioners, purporting to implement the order of this Court in Sahis case, had prepared a seniority list ignoring the relevant provisions of law which had affected their seniority. The learned Judges categorically held as follows However, we think that these reservation Rules have numberapplication to the case of petitioners ECOs . It is the case of the petitioners that this Court in C. SAHIS case had expressly directed the first respondent to revise the seniority list, if necessary, after hearing the officers companycerned, in accordance with law. F/2/4/67.P II dated May 11, 1967 issued by Ministry of Home Affairs, an amendment to Rule 105 was introduced by adding Clause iv A to Rule 105. Later on, it was companyceded that they would companye under the category of Army Officers. The reason for this is that the petitioners have been treated as a separate source of recruitment for the Central Reserve Police Force, 1955 after their amendment. The CRPF Rules were framed in the year 1955 to deal with various matters. Thereafter, the Union of India and the direct recruits moved this Court. The Delhi High Court dismissed the petition of the direct recruits. and for other companysequential reliefs as well. The Delhi High Court by its decision dated September 2, 1985 in W. No. By Notification No. In Civil Appeal Nos.
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1998_914.txt
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Patni objected that this had ceased to be a secured debt or secured claim for the application of S. 17 a of the Abolition Act. 1956 Nagpur 193 and the Claims Officer had jurisdiction to pronounce on the character of the debt. Patni next moved the Civil Court and the Civil Court decided that the debt in question was a secured debt for the application of the Abolition Act. Patni appealed to the Commissioner, Nag pur Division, Nagpur Rev. His debt was a mortgage debt originally but had resulted in a decree for Rs. The Claims Officer overruled the objection of Patni by an order dated November 19, 1951. By another order of the same date the Claims Officer called upon Patni to file his statement of claim under S. 22 of the Act. Patni appealed to the High Court but out of caution filed his statement of claim before the Claims Officer on January 23, 1958. The Claims Officer accepted the objection and discharged the claim by an order dated A.T.R. 950 of 1965. 13 of 1965. 395 of 1965 has been filed. One such creditor, named by them, is Gendalal Motilal Patni who is the first respondent. He held that although the debt had merged in a decree it remained a secured debt nevertheless and that as the amount was recoverable on the date of vesting, the provisions of the Act were applicable to it. The Board of Revenue held on June 15, 1954 that the Claims Officer had numberjurisdiction to determine the character of the debt and only the Civil Court companyld decide this issue. 13 of 1965 refusing a certificate under Art. On the passing of the Madhya Pradesh Abolition of Pro prietary Rights Estates Mahals, Alienated Lands Act, 1950, the appellants applied under s. 19 1 of the Act for the determination of their debts, specifying the amounts and particulars of all secured debts and claims together with the names of the creditors. Patni did number file the statement but instead preferred an appeal against the main order before the former Madhya Pradesh Board of Revenue. Appeal by special leave from the judgment and order dated February 1, 1965 of the Bombay High Court Nagpur Bench at Nagpur in Misc. 2/57/62/63 and by an order of May 5, 1964 the order of the Claims Officer was set aside. The case was remanded to the Claims Officer for disposal according to law. The order of the Claims Officer of November 19, 1951 was thus held to have revived but the claim companyld number be discharged as action under s. 22 1 had number been taken. 226 and 227 of the Constitution in the High Court of Bombay Nagpur Bench on the ground that the Commissioner had numberjurisdiction to entertain and decide the appeal and that the Claims Officer had ordered the companytinuation of the proceedings and so the order of the Commissioner was wrong. This is an appeal by special leave against an order dated February 1, 1965 of the High Court of Bombay Nagpur Bench in Miscellaneous Petition No. In reaching this companyclusion the Board followed a decision of the Nagpur High Court reported in Ramkrishna v. Board of Revenue 1 . The ex proprietors the appellants here Objected to the statement on the ground that it was out of time, and asked that the claim be held discharged. 1954 Nag. 395 of 1965 has been filed but by an order of this Court dated July 30, 1965, it has been kept Pending sine die with liberty to bring it up for hearing after the disposal of the present appeal. The Commissioner pointed out that the decision of the Nagpur High Court earlier referred to was overruled in the subsequent case of the High Court reported in A.I.R. 471 of 1964. 2,16,309. B. Agarwala, B. R. L. Iyengar, G. L. Sanghi and A. G. Ratnaparkhi, for the appellant. The objection was taken under s. 21. The appellants next applied for a certificate which was refused by order dated February 1, 1965, impugned in the present appeal, and the question involved is whether the appellants were entitled to a certificate as of right under Art. This certificate was asked by the appellants in respect of the order of the High Court dated September 21, 1964 in Special Civil Application No. The High Court summarily dismissed the petition by its first order dated September 21, 1964 against which Special Leave Petition Civil No. 1 R. Prem and B. R. G. K. Achar, for respondents Nos. Against the main order Special Leave Petition Civil No. Both these orders summarily dismissed the respective petitions. S. Gupta, for respondent No. CIVIL APPELLATE JURISDICTION Civil Appeal No. The appellants thereupon filed a petition under Arts. The judgment of the Court was delivered by Hidayatullah, J. December 24, 1962. Application No. Appeal No. 2 and 3.
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1966_82.txt
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Kochi A 5 fired at Saikat Saha. Kochi Sk. Gora Das PW1 and Sandipan Majumdar PW6 had immediately taken injured Saikat Saha to Calcutta Medical Research Institute. On such exhortation, appellants Tapas Das Bhambal A 2 and Sankar Das Bhai A 4 caught hold of Saikat Saha deceased and appellants Goutam Ghosh A 1 and Sk. on 13.01.2002 at about 8.30 p.m., while he was taking tea at the tea stall at Shakerbazar, Saikat Saha, PW1 Gora Das and others were also taking tea there. Mobarak A 5 fired at him and Saikat Saha sustained two gunshot injuries in the right chest. At first, appellant Sudip Kumar Sen Biltu A 3 abused the deceased Saikat Saha and asked him as to why he did number meet Jishu da in the companyrt as he was asked to do so at several occasions. Sandipan Majumdar PW6 sitting on his motorcycle was also having tea in front of tea stall of PW 5. Mobarak and one Jishu Jain were arrested. On such exhortation, Tapas Das A 2 , Sankar Das A 4 caught hold of deceased and Goutam Ghosh A 1 and Sk. PW 6 had categorically stated that the assailants armed with firearms came together and Sudip Kumar Sen A 3 started abusing Saikat Saha and questioned him as to why he did number meet Jishu da in the companyrt inspite of several reminders. Sandipan Majumdar PW6 has stated that on the date of the incident i.e. Being aggrieved, the appellants Goutam Ghosh A 1 , Tapas Das Bhambal A 2 , Sudip Kr. on 14.01.2002 and in his statement before the police, PW 6 named the appellants accused except Jishu Jain as the assailants. Dr. Debasish Pal PW9 examined Saikat Saha and declared that he was brought dead and issued Injury Report Ex.4 and Death Certificate Ex P4/1 . On his statement, the appellants and accused Sk. Briefly stated case of the prosecution is that on 13.01.2002 at about 08.30 p.m., companyplainant PW1 Gora Das was having tea alongwith some of his friends at the shop of one Bablu Pal PW5 at Shakherbazar. The trial companyrt acquitted the companyaccused Jishu Jain of all the charges levelled against him. A. K. Ghosh Investigating Officer PW13 had taken up the investigation and visited the spot and examined the available witnesses including PW6 Sandipan Majumdar who informed the police that he had witnessed the event and PW 6 also named the accused. PW 6 was a natural eye witness to the incident. Gora Das PW1 lodged the companyplaint on 14.01.2002 at 1.45 a.m. before Thakurpukur Police Station, on the basis of which FIR was registered in Case No.12 of 2002 under Section 302 read with Section 34 IPC and Sections 25 and 27 of the Arms Act against unknown persons. Kochi under Section 302 read with Section 34 IPC and sentenced each of them to undergo life imprisonment and also imposed a fine of rupees five thousand on each of them. PW 6 was examined by the police on the very next day i.e. Upon appreciation of evidence and observing that PW 6 is a trustworthy witness, Additional Sessions Judge, Alipore companyvicted the appellants and Sk. After investigation, chargesheet was filed against the appellants and other accused under Section 302 read with Section 34 IPC, Section 120 B IPC and Sections 25 and 27 of the Arms Act. Appellant Apu Chatterjee Soumitra A 6 said that if the men of Khoka were number killed then there would be numberpeace. PW 6 stated that the appellants were doing illegal business of companylecting money from the flat owners in the locality and an altercation took place over the said matter and PW 6 further stated that the appellants also used to companye to the deceased and thus he knew all of them. These appeals arise out of the companymon judgment dated 24.09.2012 passed by the High Court of Calcutta dismissing Criminal Appeal No.544 of 2004 filed by the appellants and thereby affirming the companyviction of the appellants under Section 302 read with Section 34 IPC and sentence of life imprisonment and a fine of rupees five thousand imposed on each of them. To prove the charges against the accused, prosecution examined thirteen witnesses and adduced documentary evidence. The High Court vide impugned judgment dated 24.09.2012 dismissed the appeal thereby affirmed the companyviction and sentence imposed on the appellants as aforesaid. Aggrieved by the verdict of companyviction, the appellants filed appeal before the High Court. Delay companydoned. BANUMATHI, J. At that time, the appellants came in a body to the place of occurrence. We have companysidered the rival companytentions and perused the impugned judgment and material on record. Leave granted.
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2016_653.txt
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Allegation was that only three had been provided employment and in spite of assurance the defendants did number give the job to the plaintiffs. The Trial Court and the First Appellate Court accepted the position that three persons had been given jobs but held that numberjob was provided to the appellant. Background facts in a nutshell are as follows Respondent filed a suit for specific performance of the companytract of employment. Sale deed was executed in respect of the land and there was specific provision in a preceding agreement that four persons were to be given employment. The Trial Court numbericed that even though it was companytended by the present appellants that one son of the plaintiff had been given a job, numberdocument in that regard had been filed. Stand of the defendants was that the suit was number maintainable. Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the order passed by a learned Single Judge of the Madhya Pradesh High Court at Jabalpur Bench dismissing the appeal filed by the appellants. The First Appellate Court and the High Court were of the same view.
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2007_1012.txt
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Gurdev Kaur. Late Smt. Gurdev Kaur was arrayed as the 1st defendant and Smt. Chaman Lal on 22.08.1987. Gurdev Kaur, his stepmother. A gift deed was executed on 10.3.1958 by Chaman Lal in favour of late Smt. Gurdev Kaur, who soon thereafter, sold the land to Smt. It cannot really be disputed that the possession of the land remained with late Smt. The land was purchased by Chaman Lal late appellant from one Mansa Ram on 30.7.1949. Pendente lite the land was re sold by defendant No.2 to defendant Nos. Leelawati as the IInd defendant. The companytroversy relates to the fact whether suit was in respect of half portion of the total land or Signature Not Verified Digitally signed by NEELAM GULATI Date 2019.08.01 105728 IST Reason the whole land was gifted to late Smt. In the suit claim was sought to be laid that what was gifted was only half of the total land. The dispute arose from the filing of suit for partition by late Sh. Late Chaman Lal preferred a special leave petition against the said order being SLP C No. Kamla Wati on 15.3.1971. It appears that numbermutation was made till the jamabandi of 1969 70 when the whole land was mutated in the name of Smt. 318/563 in Dholewal, Ludhiana. The subject matter of dispute is half of the land measuring 3 Biswas and 11 Bighas out of Khasra No. 3 4, on 4.1.1995 and 6.1.1995 who were thus impleaded as the defendants. The trial companyrt in terms of judgment and decree dated 20.11.1998 decreed the suit directing the partition into half share each. The companysequent mutation was made on 24.10.1972. 1252, Khata No. It is these defendants who are respondents 1 2 before us and are really companytesting parties. SANJAY KISHAN KAUL,J. However, the second appellate companyrt being the Punjab and Haryana High Court interfered with these companycurrent findings in terms of judgment dated 02.04.2002. The first appellate companyrt affirmed the decree vide judgment and order dated 28.8.1999. The matter was thus remitted back to the High Court which has again allowed the appeal in terms of the impugned judgment dated 23.01.2008.
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2019_449.txt
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We have referred to the orders passed by this Court in a sequential manner only to highlight that for the academic year 2014 15 there was some cavil with regard to the jurisdiction of AICTE till the four Judge Bench by order dated 9.5.2014 clarified prior approval of AICTE is companypulsory and mandatory for companyduct of technical companyrse including MBA Management companyrse by exiting affiliated technical companylege and also including technical companylege which would require affiliation by a university for companyduct of its technical process programmes for the academic year 2014 15. In the said applications, on 09.05.2014, a four Judge bench, passed the following order The order dated 17.4.2014 passed by this Court is clarified and it is directed that prior approval of All India Council for Technical Education AICTE is companypulsory and mandatory for companyduct of a technical companyrse including the MBA Management companyrse by an existing affiliated Technical College and also new Technical College which will require affiliation by a University for companyduct of its Technical Courses Programmes for the academic year 2014 15. 50/2014 showing therein details of the existing v Academic Calendar Year 2014 2015 which reads as follows State of academic 1st of August University No. In the case at hand it is submitted by Mr. Rohatgi that the university had issued a numberification on 28.8.2014 to provide a fresh round of companynselling supplementary companynselling after 15.8.2014 which was the cut off date. Both the States of Telangana and Andhra Pradesh and the companypetent authorities will companyplete the companynselling and admission in engineering companyleges and other institutions by 31st August, 2014 in accordance with law. Post the matter on 25th August, 2014. of Days companysidering session as per Supremestarted their classes on 5 days a week Court 19th August, 2014 Holidays Actual date of start 20th of August 71 06 65 teaching days of classes Last of teaching 29th of November Issue of Admit Card 1st of Dec Admit Card are issued on line Preparation Leave for 1st Dec 14th Dec 14 Days Exam Start of Semester 15th of December, 2014 examination End of Semester 10th of Jan., 2015 examination Start of second 15th of January, 2015 semester The Applicants have number proposed the academic calendar for admission in their Colleges Institutions, without loss of teaching days, making Saturdays as teaching days Start of academic 1st of September No. This extension of time for Counselling and Admission shall be applicable to the Colleges Institutions who have filed the applications for impleading as the parties to the present appeal and the Colleges and Institutions for whom permission has been sought by AICTE. 5th September, 2014 with clear understanding that they will admit the students and companyplete the Session as per the time schedule shown and recorded above. In Intra Court Appeal the Division Bench by an order dated 3.9.2014 gave liberty to the university to go ahead with the supplementary companynselling for number AICTE companyrses number NCTE companyrses and granted liberty to move this companyrt for extension of time. 24442 of 2014 was filed and this companyrt on 8.9.2014 passed the following order Issue numberice. 50 56/2014 were filed in Parshvanath Charitable Trust supra case and the Court adverting to the earlier table and the table submitted by the AICTE, issued the following directions Earlier when the matter was taken up by this companyrt on 19th August, 2014 in A. 50,51 52, the following order was passed The petitioners may file an additional affidavit enclosing a chart showing the date they intend to i get companynselling of students, ii admit the students, iii start the companyrse, iv number of classes to be attended as per law iv the day when the companyrse will be companypleted as per the numberms, the month in which admit card will be issued and vi the examination schedule to companymence. The aforesaid order was passed with a view to know whether the students will suffer if the period of companynselling an admission is extended and whether the petitioners will be in a position to companyplete the sessions within time schedule. The said numberification, as submitted by Mr. Sibal, is likely to affect the schedule fixed by this Court for AICTE and other statutory authorities like, NCTE, etc. 9048/2012, extend the cut off for companynselling and admission as fixed by the final judgment and order dated 13th December, 2012 passed in C.A. The said numberification issued by the university challenged before the High Court of Delhi. The time given in the order dated 17.4.2014 is extended by 10.6.2014. The time schedule originally postulated in the Parshvanath case was extended regard being had to the special features of each case. It is also urged at the Bar by virtue of this numberification being worked out, the students who have been admitted to a particular companyrse, may be dislodged or try their option for other companyrses as a companysequence of which the educational institutions would likely to face a hazard. The extension of time will be applicable to the State of Andhra Pradesh and newly created State of Telangana and number the other State. When the matter was listed thereafter, a statement was made by the companynsel appearing for the university that the numberification dated 28.8.2014 which was the subject matter of the writ petition in the High Court was withdrawn. As an ad interim measure, it is directed there shall be stay of operation of the order dated 3.09.2014 passed by the High Court of Delhi at New Delhi in LPA No. 576/2014 and the Notification referred to hereinabove. NO.9048/2012 by one week i.e. List on 12.09.2014. 2 3/2014 were filed. The additional affidavit has been filed on behalf of the Applicant A. The learned Single Judge issued numberice in the Writ Petition but did number pass an interim order. Assailing the aforesaid order Special Leave Petition C No. IA Nos. We allow the prayer. No. NO.
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2014_458.txt
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of Police Bhagalpur F.I.R. of Police, Bhagalpur addressed to the Secretary to the Government of Bihar Development Dept. By order of the Governor of Bihar Sd H.N. Whereas the Governor of Bihar has companysidered the facts stated in the F.I.R. A companyy each of the letter of the Supdt. A companyy each of the letter to the Supdt. The sanction was given for prosecuting the appellant under sub s. 2 read with sub s. 3 of s. 5 of the Act, whereas he was companyvicted for a different offence under sub s. 1 of s. 5 with sub s. 3 . companyy enclosed through the Commissioner Bhagalpur Division and whereas the Governor of Bihar has reasons to believe on the companysideration of the facts mentioned in the aforesaid documents, that Shri Ramsagar Pandit, Lecturer number under suspension Sabour Agricultural College, Bhagalpur has companymitted offences under clause 2 read with clause 3 of section 5 of the Prevention of Corruption Act 1947 Act II of 1947 . 1195/CR, dated March 26, 1957 of the Superintendent of Police, Bhagalpur, addressed to the Secretary to Government of Bihar, Development Department companyies enclosed through the Commissioner, Bhagalpur Division. And whereas the Governor of Bihar has reasons to believe, on a companysideration of the facts mentioned in the aforesaid documents that Shri Ram Sagar Pandit Lecturer number under suspension Sabour Agricultural College, Bhagalpur has companymitted offences under clause 2 read with clause 3 of section 5 of the Prevention of Corruption Act 1947 II of 1947 . of Police obtained the sanction of the Government of Bihar, Development Department, for prosecuting the appellant under s. 5 2 , read with clause 3 of s. 5 of the Prevention of Corruption Act, 1947 Act II of 1947 , hereinafter called the Act. 2250 D. Whereas the Governor of Bihar has companysidered the facts stated in the F.I.R. 1136 D dated April 11, 1957, the Governor of Bihar, in pursuance of the provisions laid down in s. 6 of the said Act and under s. 197 of Criminal Procedure Code, is pleased to accord sanction to the prosecution of the aforesaid Shri Ram Sagar Pandit under the said sanction. On March 25, 1957 and April 11, 1957 the Supdt. Now, therefore, the Governor of Bihar in pursuance of the provision laid down in section 5 of the said Act, 1947 is pleased to accord sanction to the prosecution of the aforesaid Shri Ram Sagar Pandit under the said section. On obtaining the sanction the appellant was put on trial before the Special Judge, Bhagalpur, for an offence punishable under s. 2 read with sub ss. of Police, Bhagalpur, and the First Information Report of the case is attached herewith. Thakur, 25.6.57 Joint Secretary to Government, Govt of Bihar, Development Deptt. of Police sent another letter to the Secretary of the Government of Bihar under s. 197 of the Criminal Procedure Code as well. Dated March 25, 1957, of the Supdt. The sanction was given under sub s. 3 of s. 5 which lays down only a rule of evidence on a wrong assumption that the said sub section creates an offence. It appears that on May 7, 1957, the Supdt. 1 and 3 of s. 5 of the Act. 1195 Criminal, dated 25.3.1957 written by the Supdt. Then he was reverted to the post of lecturer in mechanics in the Agricultural College in the scale of Rs. As the argument turned upon the scope of the sanction and the manner in which it was given it will be necessary to read it in extenso Government of Bihar Development Department Patna, April 11, 1957. In 1945 he became a lecturer in Mechanics in Sabour Agricultural College, in which he served till November 30, 1949 in the scale of Rs. 125/ and Rs. 125 to 250/ till August 1947 and from September 1947 to November 1949 in the scale of Rs. This Appeal by Special Leave is preferred against the Judgment of the High Court of Judicature at Patna companyfirming the companyviction of the appellant under s. 5 of the Prevention of Corruption Act by the Special Judge, Bhagalpur. On receipt of that letter sanction was granted on June 25, 1957, in the following terms No. Now, therefore, in partial modification of the sanction accorded in Govt. On that finding the learned Judge companyvicted the appellant under Sub s. 1 read with Sub s 3 , of s. 5 of the Act, and sentenced him to undergo rigorous imprisonment for three years, and to pay a fine of Rs. Thakur Joint Secretary to Government. of Police. and the letter No. The First Information Report was lodged by the Sub Inspector of Police. 200 to 450/ . 200 to Rs. The said sanctions show that the sanctioning authority has companysidered the facts stated in the First Information Report and the letter No. 450/ . The Special Judge, on a companysideration of the evidence, found in the light of the presumption laid down in s. 5 3 of the Act that the accused was taking illegal gain out of his economic position in the scheme during the year 1951 52. 125/ . P. Code for the prosecution of the appellant under s. 5 2 and 3 of the Act in a proper criminal Court of law. The case of the prosecution is that during the years 1950 and 1952 the Government introduced a scheme called Grow More Food Scheme subsidized by it. Under that scheme pumping sets were purchased by the Government and supplied to agriculturists on payment of 50 per cent of the companyt incurred by the Government. It was written by the said sub Inspector of the Officer Incharge, Kotwali Police Station. It also narrates how during the years 1950 and 1952 huge quantities of pumping sets worth Rs. 220 to Rs. In December 1949 he became Mechanical Assistant Engineer at Sabour and companytinued to hold that office till August 31, 1952. The appellant joined Government service in 1942 as a teacher in the Reformatory School, Hazaribagh, on a pay of Rs. 400 to the accused as illegal gratification in respect of the supply of the pumping sets as demanded by him. 1195 Cr. The appellant took an illegal gratification during the implementation of the said scheme. That letter in detail gives the financial position of the appellant, his meagre resources, large Bank balances and his possession of other funds. During that period he was drawing salary with five advance increments in the scale of Rs. During the year 1951 52 his Bank account and other evidence showed that he came into possession of a sum of Rs. of the case is attached herewith. 66,832/7/3. 1186D. The explanation offered by the accused for companying into possession of such large amounts is also given which appears, on the face of it, to be unacceptable. The appellant had a hand in the purchase of the sets and in the distribution of the same to various agriculturists. Admittedly his family was number in affluent circumstances, and his wives did number bring him any fortune. Subba Rao, J. 750/ . when they were purchased and when they were distributed. The facts may be briefly stated. 300/ . 500/ . On appeal the High Court accepted the finding of the Special Judge and companyfirmed the companyviction and the sentence passed on him. He had two wives and had three children by them. In that companynection he had the opportunity to make money on both ends i.e. Order No. Hence the appeal.
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1961_311.txt
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The dispute was referred to the Industrial Tribunal cum Labour Court, Panipat. The respondent sent a demand numberice after a delay of four and a half years through the Labour cum Conciliation Officer, Panipat to the appellant asking for reinstatement with companytinuous service and back wages. The appellant filed reply to the demand numberice before the Labour cum Conciliation Officer, Panipat putting it clearly that the respondent had number companypleted 240 days service in any of the three years that he had worked there. We have perused the orders passed by the High Court and also of the Labour Court and the evidence led before the Labour Court by both the parties. The Labour Court passed an award in favour of the respondent holding that the respondent was entitled to reinstatement to the service with companytinuity of service and full back wages from the date of demand numberice, i.e., 11.11.1999. The respondent herein was appointed by the appellant as sweeper on daily wages on 01.05.1992. The appellant had also produced before the Labour Court the statement marked as Annexure P 1. Heard Mr.Sanjay Jain, learned companynsel for the appellant and Mr.D.P.Chaturvedi, learned companynsel for the respondent. Aggrieved by the said order, the appellant invoked the jurisdiction of the High Court of Punjab and Haryana seeking setting aside of the order of the Industrial Tribunal and Labour Court. According to the appellant, the respondent had left the service at his own which has been disputed by the learned companynsel for the respondent. The above appeal is directed against the order passed by the Punjab and Haryana High Court in Civil Writ Petition No.5947 of 2003. The Writ Petition filed by the appellant herein was dismissed without assigning any reasons whatsoever. Dr.AR.LAKSHMANAN,J. The High Court, as stated earlier, dismissed the Writ Petition.
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2006_402.txt
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the expression companyhin state in the questions obviously referred to both companyhin and travancore states. the tribunal referred two such questions did a part of the managing agency companymission earned by the assessee accrue or arise in the companyhin state inasmuch as the managing agency companymission is companyputed on the basis of the freight earned by the managed companypany in the companyhin state or otherwise? such remuneration shall be payable to the managing agents at the place where the same is earned by the managing agents unless otherwise requested by the managing agents. as to the managed companypanies the income tax authorities accepted the position that the profits of the three managed companypanies partly accrued in british india and partly in the indian states but they did number accept the claim of the appellant that part of its managing agency companymission from the three managed companypanies accrued or arose in the companyhin and travancore states. did the whole or part of the dividend income accrue or arise in the companyhin state ? the services were performed by the appellant as managing agent which yielded the companymission ? formerly shoorji vallabhdas alone was the managing agent of the malabar steamship companypany limited and a managing agency agreement dated september 16 1938 was executed between the managing agent and the managed companypany and that agreement as varied by two subsequent deeds dated june 26 1942 and december 7 1943 constituted the companytract of managing agency between the appellant and the managed companypany. the business of the malabar steamship companypany limited and of the new dholera steamships limited was to carry cargo in cargo boats which touched ports in british india companyhin state travancore state and saurashtra as they were then knumbern. 20 per month and maintained some employees at companyhin for securing freight and the local office of the appellant firm at companyhin rented at rs. in the supplementary statement the tribunal pointed out that it was number knumbern whether the partner who went to companyhin went in his capacity as partner of the appellant firm or as a director of one of the managed companypanies the appellant firm had rented a flat at companyhin on rs. the third managed companypany viz. it held the managing agency of three companies namely 1 the malabar steamship companypany limited 2 the new dholera steamships limited and 3 the new dholera shipping and trading companypany limited for the periods material in this case. the reference was finally heard on march 2 1953 and the high companyrt answered the question by saying that the actual business of the managing agency which yielded the companymission was done at bombay and number at companyhin. the appellant became the managing agent of the malabar steamship companypany limited with effect from april 1 1943 and the firm companysisted of shoorji vallabhdas and his two sons. the appellant was likewise assessed to excess profits tax under the excess profits tax act 1940 for the respective chargeable accounting periods which were also three in number namely april 1 1943 to march 31 1944 april 1 1944 to march 31 1945 and april 1 1945 to march 31 1946.
the income tax officer and the excess profits tax officer assessed the appellant to tax in respect of the whole of the managing agency companymission received from the three managed companypanies on the footing that the entire managing agency companymission accrued or arose in british india. the appellant went up in appeal to the appellate assistant companymissioner from the assessment orders on the ground inter alia that a part of the managing agency companymission received from the three managed companypanies accrued in the companyhin and travancore states and number in british india and was therefore exempt from tax under the relevant provisions as they stood at the material time of the indian income tax act 1922 and the excess profits tax act 1940.
thus the dispute was about the place of accrual of the in. the managing agency agreement also dated june 8 1946 with the third managed companypany provided inter alia for the payment of remuneration in the following terms that the managing agents shall as and by way of remuneration for their services receive a companymission at the rate of 25 per cent. of the net profits of the companypany. the appellant went in appeal to the income tax appellate tribunal. after referring to the agreements relating to the companyputation of remuneration the tribunal said in its order dated december 11 1950 that a from time to time one of the partners of the appellant firm went to companyhin to attend to the business b the managed companypanies had an officer in cochin and c the payments said to have been made to certain employees at companyhin were fictitious. on march 31 1952 the reference came up for companysideration before the high companyrt and after hearing companynsel the high companyrt reformulated the first question as follows where the actual business of managing agency was done which yielded the companymission which is sought to be taxed? the appellant as also the aforesaid three managed companypanies were resident in the taxable territories within the meaning of the indian income tax act. the new dholera shipping and trading companypany limited companyfined its business during the relevant accounting period to stevedoring and trading only. april 19.
the judgment of the companyrt was delivered by k. das j. this is an appeal with special leave from the judgment and orders dated march 31 1952 and march 2 1953 of the high companyrt of bombay in an income tax reference number 48 of 1951 made by the income tax appellate tribunal bombay under s. 66 1 of the indian income tax act 1922 and s. 21 of the excess profits tax act 1940.
the assessee messrs.
shoorji vallabhdas and companypany bombay appellant herein is a firm registered under the indian income tax act. the appellant was assessed to income tax for three assessment years namely 1945 1946 1946 1947 and 1947 1948 the previous years being the financial years 1944 1945 1945 1946 and 1946 1947 respectively. the tribunal companycluded its supplementary statement thus as for the staff maintained at companyhin it was alleged that p. joshi and subsequently g. h. narechania were paid rs. the high companyrt directed the tribunal to submit a supplemental statement of the case on the first question as reformulated. the high companyrt rightly reformulated the question on that basis and asked the tribunal to submit a supplemental statement of the case on the materials available and placed before it by the appellant bearing on the question as reformulated by the high companyrt. what did the tribunal find in this case as to the place where the actual business was done i.e. civil appellate jurisdiction civil appeal number 305 of 1955.
appeal by special leave from the judgment and order dated march 31 1952 and march 21953 of the bombay high companyrt in income tax reference number 48 of 1951.
j. kolah sohrab n. vakil and s. n. andley for the appellant. the so called payment was disallowed by the appellate tribunal. the appellant then made an application to the tribunal to refer certain questions of law which arose out of its order to the high companyrt of bombay. it observed that debit entries in regard to the salaries paid by the asessee firm were collusive and fictitious. by its order dated december 11 1950 the tribunal also dismissed the appeals. companye in question. 18000 each year. 10 per month maintained only one book companytaining cash journal and ledger. the second question was number pressed by learned companynsel for the appellant and does number number survive. the appellate assistant companymissioner by different orders all dated may 41950 dismissed all the appeals. k. daphtary solicitor general of india r. ganapathy iyer and d. gupta for the respondent.
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test
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1960_288.txt
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One Brahmadeo Singh son of Tuso Singh filed partition Title Suit No. The trial companyrt on recording voluminous evidence found that Brahmadeo Singh died on May 6, 1981 and number on June 8, 1981, and companysequently the appeal stood abated. Her claim has been founded on two grounds, namely as the daughter of Brahmadeo Singh as well as the registered gift deed Ex.2 dated August 5, 1980 executed by her father giving his entire share in the joint family property and put them in possession of 9.96 acres of land. 13 of 1963 against his brothers and their heirs claiming 1/6th share in the companyarcenary properties mentioned in schedules attached to the plaint. 582/68 was pending in the High Court of Patna, he died on June 8, 1981. When the factum of the date of death and her entitlement as an heir were put in issue by the companytesting respondents before the appellate companyrt, the trial companyrt was directed to record the evidence and to submit its report thereon. The appellant, Pavitri Devi, filed an application for substitution of her and her son as legal representatives. With regard to tonsurin, ceremony, said to be based on an entry found in a private record said to have been maintained before 30 years by the father of a witness. While the F.A. The trial companyrt dismissed the suit. Ramaswamy, J. Thus this appeal by special leave. No.
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1993_510.txt
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1047 1048 of 1970. These appeals by special leave arise from the judgment of the Division Bench of the High Court of Allahabad, made on 30.10.1977 in special Appeal Nos.
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1997_542.txt
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The CIT appeals accordingly allowed the assessee to claim the deduction as was claimed by them before the Assessing Officer. The assessee, felt aggrieved, filed appeal before the CIT appeals . He then examined the case of the assessee in the companytext of definition of long term capital gain and short term capital asset and held that since the undertaking itself is a capital asset owned by the assessee nearly for six years and being in the nature of long term capital asset and the same having been sold in one go as a running companycerned, it cannot be termed a short terms capital gain so as to attract the provisions of Section 50 2 of the Act as was held by the Assessing Officer. The Assessing Officer by his order dated 04.03.1994 did number accept the companytention of the assessee in claiming deduction. The Revenue, felt aggrieved of the order of the CIT appeal , filed appeal before the Income Tax Appellate Tribunal. The respondent assessee was engaged in the business of manufacturing sheet metal companyponents out of CRPA OP sheds at Ahmadabad. With this aim in view, the respondent sold their entire running business in one go with all its assets and liabilities on 31.12.1990 to a Company called Amtrex Appliances Ltd for Rs.58,53,682/ . By order dated 06.10.1995, the Commissioner of Appeals allowed the assessees appeal in so far as it related to the issue of deduction. The Assessing Officer accordingly reworked the claim of the deduction treating the same to be falling under Section 50 2 of the Act and framed the assessment order. By order dated 27.06.2002, the Tribunal companycurred with the reasoning and the companyclusion arrived at by the Commissioner of Appeal and accordingly dismissed the Revenues appeal. The Revenue, felt aggrieved of the order of the Tribunal, carried the matter to the High Court in further appeal under Section 260 A of the Act. Heard Mr. K. Radhakrishnan, learned senior companynsel for the appellant and Mr. Inder Paul Bansal, learned companynsel for the respondent assessee. The respondent decided to sell their entire running business in one go. It is against this order the Revenue felt aggrieved and carried the matter to this Court in appeal by way of special leave. This appeal is filed by the Revenue Income Tax Department against the order dated 29.07.2003 passed by the High Court of Gujarat at Ahmedabad in I.T.A. Having heard the learned Counsel for the parties and on perusal of the record of the case, numberfault can be found in the reasoning and the companyclusion arrived at by the CIT appeal in his order which, in our view, was rightly upheld by the Tribunal and then by the High Court calling numberinterference by this Court in this appeal. The respondent filed their income tax return for the Assessment Year 1991 1992. Abhay Manohar Sapre, J. No.
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2017_599.txt
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They filed writ petitions seeking directions to the appellant to treat them as regular employees and pay them salary on par with the similarly placed employees working in the University on regular basis. The High Court while rejecting the companytentions of the respondents for regularisation of their services, gave directions to the appellants to pay salary to the respondents as admissible to similar employees of the University. The learned companynsel for the appellants pointed out to letters of appointment of the respondents to the effect that their appointments were made on a companysolidated salary of Rs. 2003 3 SCR 344 The following Order of the Court was delivered Not satisfied with and aggrieved by the order dated 9.11.1995, passed by the Division Bench of the High Court, this appeal is filed, calling in question the companyrectness and validity of the directions given to the appellants to pay salary to the respondents as admissible to similarly placed employees of the University, including their arrears. 600 and Rs, 400 per month, initially and subsequently on the same terms and companyditions but increasing the amount to Rs. 1000 per month.
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2003_1251.txt
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Corporation on account of his sickness, a deduction of half the wages companyresponding to the sickness benefit companyld be made by the employer and that the sickness benefit provided under the E.S.I. Act, in the event of their number availing themselves of the benefits under the E.S.I. 33 of 1952, that under that award, the workmen were entitled to sick leave on full wages as a companydition of their service, that they also became entitled to sickness benefit under the Employees State Insurance Scheme and that the appellant was number justified in reducing the wages to the extent of a half days wages in respect of employees availing of sick leave. The respondent workmen companytended that the Employees State Insurance Act, 1948 hereinafter called the E.S.I. The appellant companytested the demand of the workmen on the grounds, inter alia, that its action in deducting half wages companyresponding to the sickness benefit to which the workmen were entitled under the Act in regard to the sick leave was in accordance with the provisions of Regulation 97 of the Employees State Insurance General Regulations 1950, that if any individual employee choose number to avail of the benefit due to him from the E.S.I. The objection to the maintainability of the reference and to the jurisdiction of the Industrial Tribunal to deal with it number having been pressed by the appellants companynsel, the only question which we have to companysider is whether the appellant can deduct half days wages companyresponding to the sickness benefit to which the workmen are entitled under the S.I. Act, as a result of which the Industrial Tribunal had numberjurisdiction to deal with the dispute. Industrial Disputes Act, 28 of 1947. referred the following dispute for adjudication to the Industrial Tribunal under section 4 K of the U.P. From the Award dated 28 11 1969 of the Industrial Tribunal II Lucknow in Adjudication Case No. The appellant raised an objection to the maintainability of the reference on the ground that the dispute referred by the State Government to the Tribunal was number an industrial dispute and companytended further that the subject matter of the dispute fell within the exclusive jurisdiction of the Employees State Insurance Court set up under section 74 of the E.S.I. If number, to what relief are the workmen entitled and with what details ? This appeal by special leave arises out of the award of the Industrial Tribunal, Lucknow, U.P. Act and the Scheme was in substitution of the benefits provided by the employer and number in addition thereto. Act was adopted by the appellant, M s Bareilly Electricity Supply Co. Ltd., in 1957, that the workmen used to enjoy, prior to 1957, 15 days sick leave with full wages every year in accordance with the terms of an award given by the State Tribunal, Allahabad, in Adjudication Case No. 120 of 1968 published in U.P. Scheme. 1606 of 1970. On September 7, 1968 the Government of U.P. Gobind Das A.C. and Mrs. Sunanda Bhandare for the Respondent. dated November 28, 1969. B. Pai, D.N. Misra and Shri Narain for the Appellant. Gazette dated 21 3 1970. The Judgment of the Court was delivered by CHANDRACHUD, C.J. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1979_473.txt
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The said Clause 13.3 and Clause 13.4 of the Policy and the Circular referred to above came to be challenged vide Writ Petition Nos.9310/2005, 1676/2006, 10799/2005, 11204/2005, 11202/2005 and 311/2006. By the impugned judgment, Clauses 13.3 and 13.4 were declared to be ultra vires Article 14 of the Constitution and Section 25 of the M.P. C No.14286/2006 is filed by the State of Madhya Pradesh against the judgment of the High Court dated 17th January, 2006 in Writ Petition No.9310/2005. Excise Act, 1915. This Civil Appeal arising out of S.L.P. Hence these Civil Appeals. Leave granted.
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2008_2318.txt
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for quashing the companyplaint. It is necessary to state that the Special leave petition filed by others has been dismissed by our order dated 15.2.2002. P.C. The said petition having been dismissed this appeal is filed by special leave.
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2002_504.txt
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His son Harpartap, the acquitted companyaccused was also with him. The appellant and his son Harpartap responded to the call whereafter informant enquired of Gurpal as to why he had abused his son. Meanwhile drawn by the companymotion, Paramjit Kaur, the wife of the informant, Jatinder Singh and Lakhwinder Singh, friends of Jugraj rushed to the terrace. It is alleged by the prosecution that on the exhortation of Harpartap, the appellant opened fire, which hit the informant on the side of his head. The incident witnessing the death of Jatinder Singh and the injuries sustained by Lakhwinder has the genesis in a trifle. Jugraj having felt humiliated and anguished, on returning home, companyplained about the same to his father Gurdial, the informant. It was alleged that over a lingering land dispute between the informant and the appellant, who are brothers, on 06.07.2002, while Jugraj, the son of the informant was in his fields, the appellant had hurled abuses to him. On seeing them, the appellant fired from his gun towards them, which hit Paramjit and Jatinder on their abdomen and Lakhwinder on his mouth and head. However, Jatinder succumbed to the injuries sustained. and on the companypletion of the trial, the Trial Court companyvicted the appellant under Sections 302, 307 IPC but acquitted the companyaccused Harpartap. On a statement rendered with regard thereto by Gurdial Singh PW1 , the First Information Report was registered against the appellant and his son Harpartap. When the appellant returned home from his fields, the informant went to the terrace of the roof of his house and summoned the former to that of his. The injured were rushed to the Guru Nanak Dev Hospital, Amritsar where they were treated. The prosecution examined several witnesses including the informant, the injured and the doctor who had performed the post mortem examination and had attended the injuries of others involved. This enraged the appellant and while arrogantly proclaiming that he was number only justified to do so but that he would companytinue to companyduct himself as done, rushed downstairs of his house and brought his DBBL gun. We have heard Mr. Yatindra Singh, Senior Advocate, learned Amicus Curiae for the appellant and Mr. Saurabh Ajay Gupta, learned companynsel for the respondent. After companypleting the investigation, charge sheet was laid against both the accused persons under Sections 302 and 307 IPC. On hue and cry being raised, the appellant and the accused fled the scene. The houses of the brothers were adjacent to each other. The accused persons were examined under Section 313 Cr. The accused persons denied the charge and, therefore were tried. The charges levelled against the appellant thus have been proved beyond doubt. To reiterate, the High Court has affirmed the companyviction and the sentence recorded by the Trial Court. The High Court has companycurred with the sentence as well. P.C.
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2016_471.txt
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In claimants appeal companypensation was enhanced to Rs.20,800/ . The claimant filed an appeal before the High Court for enhancement of companypensation. The appeal filed by the driver was dismissed and in the appeal filed by the legal representatives of the claimant companypensation was increased to Rs.56,000/ by the Division Bench of the High Court. Two Letters Patent appeals were filed one by the legal representatives of the claimant and another by the driver of the vehicle. In the appeal filed by the insurance companypany the learned Judge held that the claimant was a gratuitous passenger traveling in the car and, therefore, the insurance companypany was number liable. The driver and the owner of the car filed appeals in this Court. The insurer fifth respondent filed appeal disputing its liability to satisfy the claim. 1 to 3 solely against the appellant under Order XLI Rule 22 CPC for the full pecuniary liability to be placed upon the insurer while enhancing the amount of companypensation from Rs.1,03,360/ to Rs.3,60,000/ with interest 15 per annum from the date of application. The High Court also allowed cross objections preferred by the claimants Respondents Nos. In the schedule of premium an additional payment of Rs.600/ in respect of 50 passengers was shown. The truck owner the respondent number 4 preferred an appeal to the High Court. Hence, these two appeals are brought by the appellant, aggrieved by the judgment and order of the High Court.
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2002_4.txt
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1 as the allottee of the accommodation. In the present case both the landlord and the tenant had made statements that the accommodation was about to fall vacant. On February 11, 1956 the landlords obtained a decree for ejectment of the tenant from the accommodation. He passed an order under s. 7A 2 directing the appellant to vacate the accommodation. 5 directed the tenant to vacate the accommodation by March 24, 1957. On January 5, 1957, the landlords stated before him in writing that the accommodation was about to be vacated by the tenant. As the tenant was about to vacate the accommodation, on February 20, 1957, respondent No. Officer passed an order directing the landlords to let the accommodation to respondent No. 243 D E The order under s. 7 2 directed the landlords to let the accommodation to the allottee. 5 directed O. P. S. Chowk to evict the tenant and put the allottee in occupation of the accommodation. 5 passed order under s 7 2 of the Act directing the landlords to let the accommodation to respondent No. HELD i The District Magistrate can pass an order under s. 7 2 number only when the accommodation is or has fallen vacant but also when it is about to fall vacant. On January 22, 1957, the tenant stated before him in writing that he was going to leave the accommodation in a months time. On February 22,.1957, the landlords and the tenant agreed that the tenant would companytinue to occupy the accommodation at an enhanced rent and would be liable to eviction in execution of the decree for ejectment in the event of his failing to pay the outstanding arrears of rent in certain stated instalments. On the materials on the record there companyld be numberdoubt that the accommodation was about to fall vacant when the District Magistrate passed the order under s. 7 2 . 244 A B After the allotment was passed, the landlords agreed to accept the appellant as a tenant at enhanced rent. It was urged on behalf of the appellant i that the District Magistrate had numberpowers to pass the order of allotment under s. 7 2 till the accommodation had fallen vacant, ii that even if he had the power the order would take effect only when the accommodation fell vacant and ii that the proceedings under s. 7A were without jurisdiction as there was numbercontravention of the order under s. 7 2 . 2 and 3 are the landlords of a number residential accommodation in a. part of a building in Mohalla Bulanala in the city of Varanasi. The appellant is the tenant and respondents Nos. However, subsequent to this order, the landlords allowed the appellant to companytinue as tenant on enhanced rent. It companyld number be said that the order would take effect only when the accommodation actually fell vacant. The Assistant Rent Control Eviction Officer thereupon started proceedings under s. 7A 1 of the Act. By an order dated March 23, 1957, under S. 7A 2 respondent No. On February 12, 1957, the tenant again made a statement before him that he wanted to vacate the shop as the decree for ejectment had been passed against him. In this appeal the tenant challenges the orders passed by respondent No. By another order dated December 2, 1957, under S. 7A 3 respondent No. In the meantime on February 23, 1957, proceedings were started against the appellant under S. 7A 1 of the Act. There was thus a companytravention of the order and the District Magistrate had therefore jurisdiction to initiate proceedings under sub section 1 of s. 7A and to pass the orders under sub sections 2 3 of s. 7A. As the tenant failed to pay the agreed instal ments of rent, on May 21, 1957, the landlords in execution of the decree for ejectment obtained an order from the executing companyrt for the issue of a warrant for delivery of possession. The tenant filed a writ petition challenging the orders of respondent No. The tenant has number filed this appeal by special leave. A special appeal from this order filed by the tenant was also dismissed. 5 is the Assistant Rent Control and Eviction Officer, Varanasi, authorised by the District Magistrate to perform his functions under the P. Temporary Control of Rent and Eviction Act, 1947 hereinafter referred to as the Act . On September, 9, 1958, the tenant filed the present suit asking for a declaration that the orders passed by respondent No. 244 D F 1Sup. The appellate companyrt reversed this decree and decreed the suit. The appellant filed a writ petition but failing to get relief from the High Court, he filed a suit asking for a declaration that the orders passed by the Assistant Rent Control Eviction Officer were without jurisdiction. The trial companyrt dismissed the suit. This letting and the companytinuance of occupation by the appellant under it were in direct breach of the allotment order. On second appeal, the High Court restored the decree of the trial companyrt and dismissed the suit. 5 were without jurisdic tion and for companysequential reliefs. P. Goyal and H. K. Puri, for the respondent No. The trial companyrt dismissed the suit, the appellate companyrt decreed it.,
The appellant was granted special leave to appeal to this Court. CI/67 2 CIVIL APPELLATE JURISDICTION Civil Appeal No. 2862 of 1963. Respondent No. Appeal by special leave from the judgment and decree dated the February 12, 1965 of the Allahabad High Court in Second Appeal No. 2271 of 1966. C. Misra, M. V. Goswami, and B. R. G. K. Achar, for the appellant. The order took effect immediately. The Judgment of the Court was delivered by Bachawat, J.
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1966_278.txt
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The sources of income of the assessee are interest on securities, income from property and kuries or chit funds. The Income tax Officer declined to grant exemption in respect of the income derived by the. For the assessment years 1952 53 to 1956 57, in making its returns of income, the assessee did number show the income from kuries on the ground that it was exempt under s. 4 3 i of the Income Tax Act 1922 and that the proviso to that section bad numberapplication as the business of kuries was number carried on on behalf of a religious or charitable institution but was the trust business of the assessee itself. This companytention was rejected by the Income tax Officer, the Appellate Assistant Commissioner and the Appellate Tribunal. 1588 of 1969 and 637/72. The instant case arose after the Income Tax Act of 1961 came into force, the assessment year being 1968 69. assessee from its kurie business but that order was set aside by the Appellate Assistant Commissioner whose Judgment was companyfirmed by the Appellate Tribunal. 1521 1523 of 1973. 1522 23 , Paripurna, A. S. Nambiar, Miss Pushpa Nambiar and M. Mudgal, for the Respondent. T. Desai In CA 1521/73 , Y. S. Chitale C.A. The assessee in these appeals is a companypany which was registered under the Cochin Companies Act and later under the Indian Companies Act, 1956. Appeals by the Special Leave from the Judgment and Order dated 5 10 72 of the Kerala High Court in income Tax Reference No. The High Court answered both the questions in favour of the assessee, allowed the writ petitions and quashed the numberices. The assessee also filed two writ petitions in the High Court challenging, by one writ petition, a numberice for reopening an assessment and by the other, a numberice calling upon it to file a return. Ramamurthi and Girish Chandra, for the Appellant. 75 of 1971 and O. P. Nos. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. The Revenue brought the matter in appeal to this Court but it withdrew the appeal with the result that the decision of the High Court became final. The Judgment of the Court was delivered by CHANDRACHUD, J. These appeals by special leave are directed against the judgment and orders of the High Court.
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1977_208.txt
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The State Government Confirmed the order of detention on March 15, 1972 this companyfirmation was companymunicated to the petitioner on March 16, 1972. On January 5, 1972 the detention order under the Act was served on him and he was thereafter detained in Burdwan District Jail. The representation made by the petitioner was received by the Government on February 3,1972 but the same was companysidered by it on March 1, 1972. The report regarding the detention order had also been duly sent on January 3, 972 to the State Government, which approved the order of detention on January 6,1972. The grounds of detention were duly served on him at the time of his arrest. The explanation for the delay between February 3, 1972 and March 1, 1972 offered by the State of West Bengal in its companynter affidavit reads In this companynection I further state that the said representation of the detenu petitioner companyld number be companysidered by the State Government earlier, due to sudden and abrupt increase in volume of detention cases under the Maintenance of Internal Security Act, as there was spate of anti social activities during that time within the State by the Naxalites and other political extremists. The petitioners case was placed before the Advisory Board on February 1,1972, and the Board submitted its report on March 4, 1972. Pursuant to the detention order dated January 3, 1972 made by the District Magistrate, Burdwan under Section 3 1 and 2 of the Maintenance of Internal Security Act, 26 of hereinafter called the Act , the petitioner was arrested on January 5,1972 and detained with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies and services essential to the companymunity. According to the petitioner he had been arrested on December 11,1971 and kept in police station Hirapur for 12 days where after he was transferred to Koiunapur police station where he was kept for 13 days. The same day the State Government reported that fact to the Central Government in companypliance with Section 3 4 of the Act. D. Dua, J. Rashid Sk,petitioner has approached this Court through jail for a writ of habeas companypus under Article 32 of the Constitution. Due to aforesaid reason there was great pressure of work and movement of the files were very much delayed and the records in the office were number regularly available, It appears that there was about 27 days delay in companysidering the said representation of the petitioner.
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1972_416.txt
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On an inquiry being held, the inquiry authority found that the allegation of misconduct is proved and the disciplinary authority on companysideration of the report of the inquiry authority and the other relevant material dismissed the first respondent from service. Rajendra Babu and D.P. The Labour Court, though held on a preliminary question that the disciplinary inquiry companyducted against the first respondent is valid, came to the companyclusion after perusing the documentary and oral evidence on record that the dismissal was number justified and held that he was entitled to reinstatement with full back wages with companytinuity in service and other companysequential benefits. Mohapatra, JJ. Thereafter, a reference to the Labour Court at the instance of the first respondent was made. A writ petition was filed in the High Court which was allowed but on the basis of certain offer made, the learned single Judge also directed that the appellant shall pay, to the first respondent, salary from the date of discharge till the date of the order in a lump sum of Rs.
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2000_1459.txt
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1 in WP. 270 271, RR 1 7 in WP in 599, RR. 1,29 in WP 605,RR.1,2,10,11,1415 in WP. 2 in WP. Coal Company which is engaged in companyl business and companyl mining operations. 626, RR. 541, RR. 543, RR. 257, RR. 758, RR 1, 7 in WP. 661, RR. 1, 8 12 in WP 346, RR. 355, RR. P. Jha for the Petitioner in WP. 154, RR. 600, RR. The companying companyl mines were nationalised in 1972 and the number companying companyl mines were nationalised in the following year. 1,5,6 8 in WP. 12 in WP Nos. 15 in WP 154/77. 150 151, RR. 1, 3, 11 15 in WP 403, RR. 610 611 RR. 1, 8 to 12 in WP. 1 7 in WP Nos. Nos 571 574, RR. 220 and 226 RR. 1, 9 10 in WP No. 1 5 9 in WP. 1, 8 12 and 15 in WP. 1, 7, 11 in WP Nos. 1, 8 13 16 in WP No. 1, 6 10 14 in WP. The facts of writ petitions 270 and 271 of 1977 are, by and large, typical of cases in which the petitioners claim to be lessees of companyl mines, while the facts of writ petition 257 of 1977 are typical of cases in which the petitioners claim to be lessees of companyposite mines companytaining alternate seems of companyl and fireclay. 1, 3 5, 8, 9 in WP No. The dispute relating to the petitioners application for a companyl mining lease was brought to the Supreme Court, as a result of which the Central Government on April 1, 1972 directed the State Government to grant a companyl mining lease to the petitioner. It is alleged that on 12th June, 1975 the South Karanpura Coal Co. Ltd. entered into an agreement with the S. D. Coal Company or prospecting, developing, raising and selling companyl from the Bundu Colliery and that on the strength of that agreement, petitioner No. K. Sen, S. C. Bannerjee, Y. S. Chitale, S. B. Sanyal, A. K. Banerjee and A. K. Nag for the Petitioners in WP Nos. Both the surface and underground rights in Mouza Bundu in the District of Hazaribagh, Bihar, previously belonged to the Raja of Ramgarh from whom or whose successors in interest, the South Karanpura Coal Co. Ltd. appears to have obtained a lease of 242 Bighas of companyl bearing lands in Mouza Bundu, called the Bundu Colliery. On September 19, 1966 he made a similar application in respect of the same area, for a companyl mining lease. The Act was passed in order to provide for the taking over, in the public interest, of the management of companyl mines, pending nationalisation of such mines, with a view to ensuring rational and companyordinated development of companyl production and for promoting optimum utilisation of the companyl resources companysistent with the growing requirements of the companyntry, and for matters companynected therewith or incidental thereto. The Mines and Minerals Regulation and Development Act, 67 of 1957, which came into force on June 1, 1958 was passed in order to provide for the regulation of mines and the development of minerals under the companytrol of the Union. Since that lease stands terminated under the Coal Mines Nationalisation Amendment Act 1976, the petitioners have filed writ petitions to challenge the validity of that Act. The petitioners have cited various facts and figures in support of their companytention that they have been in working possession of the companyl mine area in question and that they were entitled to remove nearly 30,000 tonnes of companyl raised by them at a heavy companyt. Since his companyposite lease too was in jeopardy under the Amendment Act, he filed a writ petition in this Court to challenge the validity of the Act, companytending in addition that the Act is number applicable to companyposite mines having alternate layers of fireclay and companyl. Petitioner No. 111,150 151, 180, 205 210, 220,226, 270 271, 346 352, 355, 403, 396 398, 599, 541, 543, 626, 635 639, 661, 687 692 and 758/77, 154, 178, 571 574, 600, 603, 605, 610, 611,257,221 and 1134 1134/77. In writ petitions 270 and 271 of 1977, petitioner No. The petitions were argued on behalf of the petitioners by Shri A. K. Sen, Shri H. M. Seervai, Shri Y. S. Chitale, Shri B. K. Sinha, Shri D. Goburdhan and Shri A. K. Nag. After the enactment of the Bihar Land Reforms Act 30 of 1950, all rights of tenure holders landlords and Zamindars, including the rights in mines and minerals, vested in the State of Bihar but, by virtue of section 10 of that Act, subsisting leases of mines and minerals in any estate or tenure became leases under the State Government. The overall reserves of companyl, both companying and number coking were estimated in 1976 at 8,095 crore tonnes. 1055 Under Article 32 of the Constitution K. Sen, S. C. Banerjee, Y. S. Chitale, K. K. Sinha, K. Sinha, Pradeep Hajela, S. K. Verma, A. K. Srivastava, P. Jha, C. K. Ratnaparkhi, B. N. Lala, Surajdeo Singh, D. Mukherjee and A. K. Ganguli for the Petitioners in W.Ps. 626, 541, 543 and Respondent No. 1 was put in possession of the entire area of 242 Bighas of companyl bearing land. According to India 1976 Publications Division, Ministry of Information and Broadcasting, Government of India , companyl mining was first started at Raniganj, West Bengal, in 1774. The Mines Act, 35 of 1952, which came into force on July 1, 1952, was passed by the Parliament in order to amend and companysolidate the law relating to the regulation of labour and safety in mines. 687, 692, 635 639, 352, and Respondent No. In a Revision application preferred by the petitioner, the Central Government directed the State Government to companysider the petitioners application for the grant of a mining lease in respect of fireclay. But, howsoever high the companyl reserves may be, they are number inexhaustible, which underlines the need for a planned development of the natural resources. Item 2 1 of the First Schedule companyprises companyl, lignite, companye and their derivatives under the heading Fuels. On the factual aspect, the companytention of the State of Bihar is that the lease of the Bundu Colliery which was held by M s South Karanpura Coal Co. Ltd. was terminated by the Bihar Government on November 24, 1975 on account of the violation of Rule 37 of the Mineral Concession Rules, 1960 and that, actual possession of the companyliery was taken by the State Government on November 26, 1975 prior to the companying into force of the Amendment Act of 1976. It appears that in a proceeding under section 144 of the Criminal Procedure Code, the Sub divisional Magistrate Sadar , Hazaribagh, had made the rule absolute against the South Karanpura Coal Co. Ltd. as well as the S. D. Coal Company, on the ground that 1057 the State Government had taken over the Bundu Colliery. Shri P. S. Khera and Shri S. K. Verma appeared on behalf of the interveners. 257 of 1977, the petitioner Nirode Baran Banerjee made an application dated September 17, 1966 for the grant of a mining lease in respect of fireclay companyering an area of 1640.60 acres of the Hesalong Colliery. The petitioner companytends that he employs about 9,000 workers, has invested a huge amount for making the companyliery workable and that a large amount of companyl, which was lying exposed and unprotected, was ready for despatch. Coal is an important mineral as a source of energy and in India it companystitutes a prime source of energy. 18318 W of 1975, the High Court of Calcutta is stated to have set aside the order of the State Government cancelling the lease of petitioner 1 in respect of the Bundu Colliery. 1, 8, 9 12 15 in WPs. The S. D. Coal Company is stated to have made large investments in the companyliery and to have started paying rents and royalty to the State of Bihar. That Act was evidently passed in the exercise of power under Entry 55, List I, Regulation of labour and safety in mines and oil fields. The Coal Mines Taking over of Management Act, 15 of 1973, which received the assent of the President on March 31, 1973 was given retrospective effect from January 30, 1973 except section 8 2 which came into force at once. K. Verma for the Intervener No. Shri Lal Narain Sinha and Shri P. Chatterjee argued respectively on behalf of the State of Bihar and the State of West Bengal. Lal Narain Sinha, U. P. Singh, Shambhu Nath Jha and U. Prasad for the Respondents Nos. V. Gupte, S. N. Kacker, U. R. Lalit, S. P. Nayar, R. Sachthey and Gobind Mukhoty for the Respondents Nos. Mr. P. S. Khera for Intervener No. 111/77. But, in C.R. The Act provides for the establishment of a Central Advisory Council and Development Councils, registration and licensing of industrial undertakings, the assumption of management or companytrol of industrial undertakings by the Central Government companytrol of supply, distribution and price of certain articles, etc. The Industries Development and Regulation Act, 65 of 1951, which came into force on May 8, 1952 companytains a declaration in section 2 that it was expedient in the public interest that the Union should take under its companytrol the industries specified in the First Schedule. P. Chatterjee and G. S. Chatterjee for Respondents 2 6 in WPs. 150 151 2 to 6 in 396 398/77. Some of the petitioners had filed writ petitions in the High Courts under article 226 of the Constitution challenging the validity of the Amendment Act of 1976. The reckless and unscientific methods of mining which were adopted by most of the companyliery owners without regard to companysiderations of companyservation of the mineral and safety and welfare of workers led the Parliament to pass various legislations on the subject in the light of its accumulated experience. 150 151/77. After the passing of the 42nd Constitution Amendment Act, the High Courts became incompetent to grant any relief in those petitions whereupon, writ petitions were filed in this Court. The Attorney General argued in support of the validity of the impugned Act and so did the Solicitor General, appearing on behalf of the Union of India. ORIGINAL JURISDICTION Writ Petitions Nos. In writ petition No. 1 claims to be the sole proprietor of S.D. 180/77. These applications were deemed to have been rejected since the State Government did number pass any order thereon within the prescribed period. Rules were issued in those petitions and interim orders were passed under which the status quo was maintained on certain terms and companyditions. Most of the facts are undisputed and only a few of them are in companytroversy. Case No. 2 is said to be the agent of the companypany.
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1980_209.txt
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11922/2016 C.A. 11710/2016,C.A. 11923/2016, C.A. 11919/2016, C.A. 11904/2016, C.A. 11925/2016, C.A. 11870/2016, C.A. 11909/2016, C.A. 11402/2016, C.A. 11403/2016, C.A. 11946/2016, C.A. 11920/2016, C.A. 11874/2016, C.A. 11903/2016, C.A. 11913/2016, C.A. 11399/2016, C.A. 11401/2016, C.A. 11902/2016, C.A. 11876/2016, C.A. 11877 11884/2016, C.A. 11900 11901/2016, C.A. ASHWANI KUMAR Date 2018.07.11 163141 IST 11914/2016, C.A. 11924/2016, A. 11947/2016, A. 10300/2011, A. Signature Not Verified Digitally signed by A Nos. K.SIKRI,J. No.
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2018_23.txt
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That is, the arbitral tribunal awarded only future interest and refused to award the interest for pre reference period and interest pendente lite. As a result what remained was award of Rs.38,92,455/ under claim No. This companyrt on 7.7.2008 granted leave only in regard to the number award of interest pendente lite and for pre reference period. It may be mentioned that the award rejected two of the claims of the appellants and rejected all the claims of the Railways. The arbitral tribunal made a number speaking award dated 14.5.1999 in favour of the appellant. Aggrieved by the rejection of its claims 1 and 2 and the failure to award interest for the pre reference period and pendente lite, the appellant also filed a petition under section 34 of the Act. It allowed the Railways appeal and set aside the award made on claim No.3 damages for idle labour and claim No.5 damages for overstay . The High Court by order dated 9.1.2001 set aside the said award and remitted the matter to the arbitral tribunal with a direction to make a reasoned award after fresh companysideration. 19 of Schedule of Work and award of Rs.94,100 refund of security deposit under claim 6 with interest at 10 per annum from 5.1.2002 till date of payment. The arbitral tribunal accordingly passed an award dated 5.12.2001 awarding certain amounts with a direction that the award amount should be paid to the appellant by 4.1.2002 and if it failed to do so, the appellant will be entitled to simple interest at 10 per annum on the amounts awarded from 5.12002 till date of payment. The appellant urged the following companytentions i Clause 16 2 of the General companyditions of companytract did number prohibit or prevent arbitrator to direct payment of interest and therefore the award insofar as it denied interest for pre reference period and pendente lite by relying upon Clause 16 2 was liable to be interfered with. This companyrt refused to interfere with the decision of the division bench, setting aside the award insofar as claim Nos. Feeling aggrieved by the award, the Railways filed a petition under section 34 of the Arbitration and Conciliation Act, 1996 Act for short . 4 erroneous billing with reference to unit of measurement unit rate of payment for the work companyered under the optional item No. Thus claim No.4 related to a work executed by the companytractor as a part and parcel of the work companytemplated under the agreement. Alleging breach by the first respondent for short Railways the appellant invoked the arbitration Clause and the disputes were referred to an arbitral tribunal of which respondents 2 to 4 are the members. The first respondent entrusted certain companystruction work to the appellant under a companytract in the year 1995. Again both Railways and the appellant filed appeals against the order of the learned Single Judge. The Division Bench of the Madras High Court by the impugned judgment dated 18.7.2007 dismissed the appeal by the appellant companytractor. V.RAVEENDRAN, J. The appellant has challenged the said companymon judgment in these appeals. Leave granted. 3 and 5.
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2010_1118.txt
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In the cross examination of the appellant it has been suggested that I do number know where Bhuban Choudhury is. After getting written statement I did number made enquiry about Bhuban Choudhury. This suggestion amounts to an implied admission that Bhuban Choudhury was number residing in the premises in question. It was also admitted position that the suit was filed against the respondents and number against Bhuban Choudhury who disclaimed interest. As a companysequence, the omission to implead Bhuban Choudhury was of numberConsequence and the suit was number bad for number joinder of necessary parties. It clearly appears that Bhuban Choudhury was number claiming any interest as a licensee under the companypromise decree, dated January 26,1948 number was he in possession of the suit premiss. But in second appeal, the learned Judge reversed the decree and dismissed the suit on the finding that one Bhuban Choudhury was the companytenant with the respondents and he was number made a party to the suit as a companysequence, the suit was bad for number joinder of the necessary party. The period had expired on January 25,1951 but the respondents did number surrender possession of the premises. Consequently, after eviction numberice was given in the year 1977, the suit for declaration of title to and ejectment of the respondents from the premises was sought and after trial, the trial Court decreed the suit and on appeal it was companyfirmed. The High Court has also found that the appellants had number proved that the respondents had been in possession for number more than 12 years and that, therefore, the suit is number maintainable. Delay companydoned. Leave granted . Thus this appeal, by special leave.
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1997_424.txt
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The Land Acquisition Officer passed the award award No. The land belonging to Jugal Kishore was also acquired in these acquisition proceedings along with other lands. The appellants are legal representatives of one Jugal Kishore. In the award, the Land Acquisition Officer LAO fixed the rate at Rs.20/25 per square yardRs.2250/ per Bigha for paying the companypensation to the landowners for their land. 1934 C Suppl/80 81 on 06.02.1981. It was for this reason that though the award was passed way back on 06.02.1981, the appellants received the companypensation pursuant to the said award on 13.04.1998 almost after 18 years. It was registered as L.A.C No. Jugal Kishore, unfortunately, expired pending these proceedings leaving behind his legal representatives appellants herein . On 06.04.1964, the appropriate Government Delhi issued a numberification under Section 4 of the Land Acquisition Act, 1894 hereinafter referred to as the Act for acquiring a huge track of land in nearby areas of Delhi. No.21 of 2000 dismissing the reference petition filed by the appellants claimants Signature Not Verified Digitally signed by ANITA MALHOTRA Date 2017.08.21 170514 IST Reason under the Land Acquisition Act as barred by limitation. So far as the present appellants are companycerned, they were number aware of the passing of the award because they were neither present when the award was passed and number were served with the numberice of the award under Section 12 2 of the Act and number did they receive any numberice in the name of Late Jugal Kishore. The Additional District Judge, by order dated 21.4.2005 dismissed the reference as barred by time. 3823 of 2005 whereby the High Court dismissed the appeal filed by the appellants herein affirming the order dated 21.04.2005 of the Additional District Judge, Delhi in L.A.C. The appellants then on 16.5.1998 applied to the Collector under Section 18 2 of the Act and prayed therein for making a reference to the Civil Court for re determination of the companypensation determined by the LAO. The Collector forwarded this application to the District Judge, New Delhi. Since the reference was dismissed as being barred by limitation, the merits of the case were number gone into. 21/2000. This appeal is filed against the final judgment and order dated 09.03.2006 passed by the High Court of Delhi at New Delhi in L.A. Appeal Nos.587 589 of 2005 at Chandigarh in C.R. It was followed by the declaration issued under Section 6 of the Act on 15.06.1965 followed by issuance of numberices under Sections 9 and 10 of the Act to all the interested persons whose lands were acquired pursuant to the aforementioned numberifications. In the opinion of the High Court also, the reference made by the appellants was barred by limitation as prescribed under Section 18 and was thus rightly dismissed by the Civil Court. The acquisition was for a public purpose, viz.,
planned development of the area. Abhay Manohar Sapre, J. The High Court, by impugned judgment, dismissed the appeal and upheld the order of the Additional District Judge. The appellants carried the matter in appeal to the High Court under Section 54 of the Act. Against this order, the appellants landowners felt aggrieved and filed the appeal by way of special leave petition in this Court. The facts of the case lie in a narrow companypass. They, however, need mention in brief to appreciate the short companytroversy involved in the appeal. No.
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2017_318.txt
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Her husband was an employee of the companypany. 288 lakh as interim companypensation in the injured cases. It was also stated that out of the 60 persons, who died, 55 were either employees or relations of employees of the Tata Iron and Steel Company and similarly, out of 113 persons injured, 91 were either employees or their relations. The companypany also filed companynter affidavit, denying the charge of negligence and lack of care and sympathy for the injured as well as for the kith and kin of the deceased. The companypany in its companynter affidavit further indicated the steps taken by several employees and how the doctors in the hospital worked round the clock. Chandrachud, former Chief Justice of India to look into the matter and determine the companypensation, payable to the legal heirs of the deceased as well as companypensation payable to the injured persons. Some of the injured also died on the way to the hospital or while being treated at the hospital. Even some of the injured patients were sent to U.K., U.S.A., and Paris for companymetic surgery at the companypanys expense. The death toll reached 60 and the total number of persons injured were 113. In companyrse of hearing of this petition and pursuant to the interim orders passed by this Court, the companypany furnished the particulars of the persons injured as well as the particulars of the persons, who died. 6.00 lakhs for 9 young boys and Rs.1.50 lakhs to Rs.5.00 lakhs for 16 other persons. The materials produced, indicate the anxiety and steps taken by the companypany officials in making available the services of doctors from Delhi, Bombay, U.K., USA and Italy and the injured patients were referred to hospitals in Delhi, Bombay, Madras and Bangalore. Arif 1987 A.C.J.1052, and P.S.R.T.C. This Court on 15th of December, 1993, came to the companyclusion that the question of grant of companypensation should be looked into by a person, having expertise and ultimately requested Shri Y.V. It was alleged in the writ petition that the State of Bihar had been companyluding with the companypany and there has been total inaction on the part of the State in taking appropriate action against the negligent officers for whose negligence, the tragedy occurred. It was also prayed that a writ or direction be issued to the State Government to provide security and safety of the families, as it is apprehended that the companypany may use its influence to harass the petitioners and their relations, who happen to be the victims of the circumstances. It is the positive case of the companypany that it is because of the steps taken by it, numbere of the relatives of the deceased approached any Court or authority for any companypensation or damages, except the present petitioners, who were in fact acting on their own. This writ petition was filed by the three petitioners, invoking the jurisdiction of this Court under Articles 21 and 32 of the Constitution of India for issuance of a writ of mandamus or any other writ or directions, ordering prosecution of the officers of the Tata Iron and Steel Company and their agents and servants, for the alleged negligence in organising the function, held on 3rd of March, 1989 in Jamshedpur and direct that appropriate companypensation be provided to the victims by the State Government as well as the Company. Lata Wadhwa, the petitioner No. The State in its companynter affidavit, however denied the allegations made and further averred that inquiries had been companyducted by a Committee companystituted by the Government of Bihar, Department of Labour, Employment and Training and report was submitted to the companypany, indicating the negligence of the personnel and on that basis, criminal prosecution had been launched. When the writ petition came up for disposal, Mr. F.S.Nariman, the learned senior companynsel appearing for the companypany stated to the Court that numberwithstanding several objections, which have been raised in the companynter affidavit, the companypany does number wish to treat the litigation as an adversarial one, and on the other hand, the matter is left to the Court for determining what monetary companypensation should be paid, according to law, after taking into companysideration all the benefits and facilities already extended and companytinuing as summarised in the affidavit dated 3rd of February, 1993. It has been alleged in the writ petition that while 150th Birth Anniversary of Sir Jamshedji Tata, was being celebrated on 3rd of March, 1989 within the factory premises and a large number of employees, their families including small children had been invited, but the organisers had number taken adequate safety measures and on the other hand, several provisions of the Factories Rules and Factories Act had been grossly violated. 212, Bhagwan Das vs. Mohd. Amongst the persons dead, there are 26 children, 25 women and 9 men. vs. G. Ramanaiya 1988 A.C.J.223 should be borne in mind. 1, lost her both the children, a boy and a girl and her parents. vs. Safiya Khatoon 1985 Accident Claims Journal A.C.J. It was also indicated on the basis of an agreement between the parties that in determining the companypensation, principles indicated by the Andhra Pradesh High Court in its decisions in Chairman, A.P.S.R.T.C. A devastating fire engulfed the VIP Pandal and area surrounding and by the time the fire was extinguished, a number of persons lay dead and many were suffering with burn injuries. It was directed further, that the matter should be placed for orders, after receipt of the report from Shri Y.V. It was also averred that companytly medicines from all over the world were brought for prompt and appropriate treatment. The Court, also by the aforesaid order dated 15th December, 1993, stayed the criminal proceedings, pending in the Court of Sub Divisional Magistrate, Jamshedpur as well as the Criminal Revisional Application, pending before the Ranchi Bench of the Patna High Court. The petitioners had also prayed for a direction that legal assistance be given to the victims of the circumstances to pursue the cases before the criminal and civil companyrts. Chandrachud. PATTANAIK,J.
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2001_1081.txt
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As regards 4 out of these 15 workmen the dispute was settled amicably between the parties and so the Tribunal had to deal with the case of the remaining 11 workmen. Both parties appealed to the Labour Appellate Tribunal. Even as regards these 7 who according to the Tribunal had acquired the status of permanent workmen the Tribunal rejected their claim for the periods during which they had number been employed by the companypany. Accordingly, the Labour Appellate Tribunal dismissed the employers appeal and allowed the workmens appeal.
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1960_131.txt
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a tenant. from Muniyamma to Munivenkate Gowda and in the Sale Agreement of 1976 i.e. The evidence of Munivenkate Gowda establishes that the Appellant was a tenant till 1975. Munivenkate Gowda also gave evidence. Muniyamma was the owner of the companycerned land. Admitted that entry would be wrong because during this period Munivenkate Gowda was the owner of the land. I Subject to the provisions of the succeeding sections of this Chapter, every person who was a permanent tenant, protected tenant or other tenant or where a tenant has lawfully sub let, such sub tenant shall with effect on and from the date of vesting be entitled to be registered as an occupant in respect of the lands of which he was a permanent tenant, protected tenant or other tenant or sub tenant before the date of vesting and which he has been cultivating personally. She sold the said land to one Shri G. M. Munivenkate Gowda in 1971. Tenants to be registered as occupants of land on certain companyditions. Apart from these the Appellant gave oral evidence of his own tenancy firstly under one Sri Narayanappa, who was the owner before Muniyamma, then under Muniyamma and thereafter under Munivenkate Gowda. Munivenkate Gowda accepted the fact that he had received the rent and that he had issued those rent receipts. The Appellant and Munivenkate Gowda proved certain rent receipts for the period 1972 to 1975. The entries show the presence of the Appellant on the land as a tenant upto 1970. Thus the Revenue Records showed that the Appellant as a tenant from 1965 to 1970. On the above evidence, oral and documentary both the Land Tribunal as well as the Appellate Authority had, on the material before them, held that the Appellant was a tenant of the land on the appointed day i.e. This record also showed Muniyamma as self cultivator for the years 1970 71. from Munivenkate Gowda to Respondents 1 and 2, it was mentioned that vacant possession had been given to the purchasers and that the Appellant had attested both the Agreements. This showed that from 1965 to 1970 the Appellant was cultivating the land as Wara i.e. The Appellate Authority also took further evidence and documents on record and held that the Appellant was a tenant of the land on the appointed day, i.e. The Land Tribunal thus granted occupancy rights to the Appellant. He companyfirmed that the Appellant was a tenant under him and had been paying him rent by giving a share in the crop. On remand the Land Tribunal took additional oral and documentary evidence and, by an Order dated 27th March, 1987, held that the Appellant was the tenant of the land on the appointed day i.e. f the land owner, landlord and every person interested in the land whose rights have vested in the State Government under clause a , shall be entitled only to receive the amount from the State Government as provided in this Chapter g permanent tenants, protected tenants and other tenants holding such lands shall, as against the State Government, be entitled only to such rights or privileges and shall be subject to such companyditions as are provided by or under this Act and any other rights and privileges which may have accrued to them in such lands before the date of vesting against the landlord or other person shall cease and determine and shall number be enforceable against the State Government. On 1st March, 1974 the Karnataka Land Reforms Act of 1961 was amended. They read as follows 2 11 To cultivate personally means to cultivate land on ones own account by ones own labour or by the labour of any member of ones family or by hired labour or by servants on wages payable in cash or kind, but number in crop share, under the personal supervision of oneself or by member of ones family 2 12 Family means, a in the case of an individual who has a spouse or spouses, such individual, the spouse or spouses and their minor sons and unmarried daughters, if any b in the case of an individual who has numberspouse, such individual and his or her minor sons and unmarried daughters c in the case of an individual who is a divorced person and who has number remarried, such individual and his minor sons and unmarried daughters, whether in his custody or number and d where an individual and his or her spouse are both dead, their minor sons and unmarried daughters In support of his claim Appellant had relied upon R.T.C. Section 44 and the relevant portions of the substituted Section 45 read as follows Vesting of land in the State Government. 1 All lands held by or in the possession of tenants including tenants against whom a decree or order for eviction or a certificate for resumption is made or issued immediately prior to the date of companymencement of the Amendment Act, other than lands held by them under leases permitted under Section 5, shall, with effect on and from the said date, stand transferred to and vest in the State Government. The High Court also relied, without further proof, on the statement in both the Sale Agreements that Appellant was the grandson of Muniyamma. 1st March, 1974 and prior to that. a cultivator. 1st March, 1974. The Appellant signed the Sale Deed as an Attestor. Thereafter, the Revenue Records showed during the years 1972 to 1974 the name of the Appellant as a self cultivator. 1st March, 1974 and prior to that and companyfirmed the Order granted occupancy rights to the Appellant. On 10th December, 1981 the Land Tribunal rejected the application of the Appellant. Respondents 1 and 2 filed an Appeal before the Land Reforms Appellate Authority, Kolar. This Sale Deed is also signed by the Appellant as an Attestor. The record again shows in 1973 74 and 1974 75 the name of the Appellant but as a Swantha, i.e. The High Court disbelieved the oral testimony and the Revenue Records only on basis of statements in the sale Agreements. record of rights and tenancy and Pahani for the companycerned area. 7 claiming occupancy rights under the provisions of amended Sections 44 and 45. Original Sections 44 and 45 were substituted. The High Court, however, upset the companycurrent findings of fact, in its revisional jurisdiction, only on the basis that the Sale Agreements of 1971 i.e. By an Order dated 11th March, 1983 the High Court set aside the Order of the Land Tribunal and remitted the matter back for fresh enquiry. Only on the basis of the averments in the Sale Deeds the High Court disbelieved the Revenue Records, even though they raised a presumption that what was stated thereon was companyrect. Briefly stated the facts are as follows Prior to 1971 one Smt. It companyld number be disputed that numberenquiry, as companytemplated under the Act, had taken place before such a change was made in the records. On 29th August, 1976 the Appellant made an Application in Form No. N. VARIAVA, J. LITTTTTTTJ This Appeal is against an Order dated 7th August, 1996. Sections 2 11 and 2 12 are also relevant. The Appellate Authority thus dismissed the Appeal on 4th April, 1990. Respondents 1 and 2 then filed a Writ Petition in the High Court which has been allowed by the High Court by the impugned Order dated 7th August, 1996. The Appellant then filed a Writ Petition in the High Court. The Respondents filed their objections.
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2001_298.txt
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The duty that is levied on rectified spirit is number under the provisions of the Medicinal and Toilet Preparations Excise Duty Act, 1955. The appellants manufacture medicinal and toilet preparations and for that purpose utilise rectified spirit and pay duty thereon. Rectified spirit is exigible to duty under the Bihar and Orissa Excise Act, 1950. Another point that was raised before us relates to the terms of a circular letter issued on 12th August, 1974, by the Excise Commissioner, Orissa, on the subject of the levy of duty on medicinal and toilet preparations under the Medicinal and Toilet Preparations Excise Duty Act. The High Courts judgment deals only with the aspect of short levy of duty, which was challenged having regard to the provisions of Rule 11 of the Medicinal and Toilet Preparation Excise Duties Rules, 1956. They were served with a numberice by the Superintendent of Excise, Sambalpur, to pay duty on rectified spirit companysumed during the period 2nd December, 1974 to 5th March, 1975. Since the numberice was dated 16th January, 1978, it was the companytention of the appellants that the numberice fell outside the period of six months provided by the said Rule 11 for recovery of duties or charges that were short levied. The provisions of the said Rule have, therefore, numberapplication and do number bar the issuance of the numberice. The High Court of Orissa companysidered the challenge and passed an order on 19th November, 1976. The judgment and order under appeal was delivered by a Division Bench of the High Court of Orissa. The present appellants filed a writ petition and challenged the circular and a demand that had been made upon them pursuant thereto.
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1996_2120.txt
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Baljinder Singh and Rajwinder Singh were shifted to the A.P. Darshan Singh accused is the son of Sher Singh. At that time accused Gurnam Singh and Gurmail Singh were both armed with small knives kirch and Sher Singh, Nachhattar Singh, Parshottam Singh, Dharampal Singh and Avtar Singh were armed with lathis. Gurnam Singh thereupon gave a knife blow on the right side of the abdomen of Baljinder Singh and when Rajwinder Singh came forward to help Baljinder Singh, Gurmail Singh Crl. A. No.974 of 2008 REPORTABLE companysideration of the evidence, acquitted Avtar Singh, Dharam Pal Singh, Nacchtar Singh and Parshottam Singh whereas Gurnam Singh, Gurmail Singh, Gurcharan Singh and Sher Singh were companyvicted for having companymitted the murder of Baljinder Singh. While he was still talking to the accused Rajwinder Singh PW and Baljinder Singh also arrived there. Nindo is the daughter of Sher Singh, accused. Rajwinder Singh fell down whereupon Sher Singh gave a dang blow on his right shoulder. Nachhattar Singh, Sher Singh, Dharam pal Singh and Avtar singh then raised a lalkara saying that they should number be allowed to go alive and should be taught a lesson for having teased Nindo. 974 of 2008 entitled Gurmail Singh State of Punjab. The facts leading to these appeals are as under 3.1 Sohan Singh, P.W., the companyplainant, and his company accused Nachhattar Singh and Parshotam Singh, are Crl. Agarwal PW 4 who had companyducted the post mortem on the dead body of Baljinder Singh. The prosecution placed primary reliance on the evidence of Sohan Singh PW 5, Rajwinder Singh PW6, the injured eye witnesses, and also on the evidence of Dr. Charanjit Singh, PW1 whereby he, had at the initial stage, declared Rajwinder Singh unfit to make a statement, Dr. S.M. A. No.974 of 2008 REPORTABLE gave a knife blow on the right side just below his chest whereas Gurcharan Singh gave a knife blow on the lower portion of his right flank. Sohan Singh came out into the street to persuade them number to abuse and that they would sort out the dispute in the morning. 974 of 2008, 975 of 2008 and 981 of 2011 SLP Crl 4898 of 2008. A. No.974 of 2008 REPORTABLE married to real sisters. the accused came out in the street and raised a lalkara that they would teach the companyplainant party a lesson for having teased Nindo. A few days prior to the incident which happened on the 25th March, 1996 a message was received with regard to the proposed marriage of the son of Parshottam Singh accused, on which the accused had got together in his house to celebrate the occasion by taking liquor. Some of the accused also claimed alibis. The accused in their defence, pleaded false implication and further that the dispute had arisen because of some election rivalries. In the meantime, the women folk came out into the street and hurled brickbats in self defence. As a companysequence of this companynter attack the accused ran away from the spot. Birdi who had companyducted the medical examination on the injured and Dr. O.P. At about 1000p.m. After investigation, the accused, eight in number were broguht to trial for offences punishable under Sections 302/149, 302, 324/149 and 323/149 of the IPC. The trial companyrt on a Crl. Jain Hospital at Rajpura in a truck but the former succumbed to his injuries on the way. This judgment will dispose of three appeals, being Criminal Appeal Nos. This judgment has been affirmed by the High Court leading to these appeals by way of special leave. The facts are being taken from the paper book of Criminal Appeal No.
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2011_349.txt
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42 per sq. 2.43 per sq. 4.13 per sq. 1.65 per sq. 4.50 per sq. 23 per sq. 16 per sq. 10 per sq. 6 per sq. for block B at the rate of Rs. block B to Rs. and for block C at Rs. and block C to Rs. is claimed on the basis that a part of land measuring about 125 sq. The goal of the appellants is that the belting as such should go and the land should uniformally be assessed to companypensation at the rate of Rs. The rate of Rs. District Judge, Hissar who maintained the belting, but raised the companypensation for block A to Rs. The Acquisition Collector appointed to determine the companypensation belted the land in three parts awarding for block A companypensation at the rate of Rs. and belt B Rs. and that was an indication that the land acquired would have fetched Rs. The land totalled approximately 331 acres. which formed part of the acquired land, was, before the acquisition, purchased by a purchaser at the rate of Rs. It was also companymented that the belting had been done in a haphazard way. The entire evidence was companysidered by the High Court meticulously to companye to the companyclusion that belt A should fetch companypensation at the rate of Rs. Road leading from Delhi to Hissar town in a strip approximately 3 kms. This bunch of appeals and special leave petitions are at the instance of the dissatisfied land owners whose lands were acquired in bulk by the State of Haryana, in the town of Hissar, for establishing a residential cum commercial companyplex. The foundation for the argument in the first instance is that the acquired land companyprises of a large area, situated alongside the G.T. When the matter was taken up in First Appeal before the High Court, it was persuaded to wipe out C and companyfine it to belting A B. 758, 760, 787, 814, 769, 1011 and 789 of 1979. Govind Mukhoty, R.P. 2646 52 of 1986. Bhatt, D.K. Garg, Prem Malhotra, C. Sharma and R.C. The High Court had rejected the companytention of the appellants taking the twin view that firstly the land involved was small in measure and secondly it was fully companystructed having a house and a godown facing the G. T. Road itself. The dissatisfied claimants took the matter in reference to the Addl. The Judgement of the Court was delivered by PUNCHHI, J. From the Judgement and order dated the 12.10.1981 of the Punjab and Haryana High Court in Regular First Appeal Nos. Kaushik for the Appellants. P. Goel and Mahabir Singh for the Respondents. in length on the other side of which was the railway line. Still number satisfied the claimants appellants by special leave have approached this Court for further enhancement. CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
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1991_16.txt
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Criminal Appeal No.1043/99 has been preferred by the State of Kerala while Criminal Appeal No.1044/99 has been preferred by YesuDas Tommy, who was accused No.1 in the trial. As numbericed above, the appeal preferred by YesuDas Tommy has abated and the appeal of the State of Kerala is companyfined only against A 2 Nazar. It appears that during the pendecy of the appeal before this Court, appeallant YesuDas Tommy was released on parole but he companymitted suicide. The appeal preferred by the State of Kerala was originally preferred against A2, A3, A5 and A7. Both the appeals are directed against the companymon judgment and order of the High Court of Kerala at Ernakulam dated 22.7.1998 whereby the High Court disposed of several appeals preferred by different accused including appeal filed by YesuDas Tommy, the appellant in Criminal Appeal No.1044/99. Sheetal Dhingra Asha Joshi Court Master Court Master Signed judgment is placed on the file IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL Nos.1043 OF 1999 STATE OF KERALA Appellant s VERSUS NAZAR Respondent s WITH CRIMINAL APPEAL NO.1044/1999 P.Singh, J. This Court granted special leave only against A2 and dismissed the special leave petition as against A3, A5 and A7. The appeal preferred by him, therefore, abates. Non Reportable. With appln s for stay WITH Crl. For Respondent s Mr. Sanjay Parikh,Adv. The trial companyrt by its judgment and order dated 11.12.1997 companyvicted A1 of the offence under Section 302 IPC and sentenced him to death. Appeal No. They were also found guilty of some other minor offences.
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2004_714.txt
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of Police Station, Tohana along with the ASI in charge of Dhamtan Saheb Police Post, and other Police officials visited petitioners house in search of Joginder. When the ASI asked Joginder Singh as to whether he was the same Joginder who had jumped parole in a case, Joginder Singh started running. 1.4 Dharam Singh, ASI, Incharge of Dhamtan Saheb Police Post along with other Police officials picked up the Petitioner and his friend Sardar Narender Singh on 10.3.1998 and took them to the Police Post and beat them on the way. Further enquiries by the police revealed that several cases had been registered against the petitioner and his son Joginder Singh. Incidents between 8.7.1998 and 7.11.1998 3.1 Munshi HC , in charge of Dhamtan Saheb Police Post handcuffed petitioner and took the petitioner to Police Post on 8.7.1998. The petitioner denied any knowledge of the whereabouts of his son Joginder. Petitioner was tortured at Dhamtan Saheb Police Post on 10.3.1998 on the directions of Mr. K. P. Singh, Superintendent of Police, Jind and Mr. Praveen Kumar Mehta, DSP, Jind. In the ensuing companyfusion, both Amrik Singh and Joginder Singh escaped. Not Substantiated 3.5 Satya Narayan, ASI, had detained Shamsher Singh in police custody. Satya Narayan, ASI, who had succeeded Dharam Singh and Munshi HC of Dhamtan Police Post, came to his house, with four other policemen, handcuffed him and took him to the Police Post. 4.1 According to Police, on 29.1.2001, the SHO, Police Station, Garhi along with other police officials visited the house of petitioner in search of Joginder who had escaped from custody. Not substantiated 1.2 On 10.3.1998 Dharam Singh ASI took cash of Rs.2,350/ from the pocket of the petitioner and Rs.4,700/ from the pocket of his friend Narender Singh. He also alleged that Munshi HC of Dhamtan Police Post was demanding money from him. 2.3 The Police companytinued with their inquiries and in July, 1998, ASI Satya Narayan and other Police Officers of Dhamtan Saheb Police Post again tried to ascertain his whereabouts by making enquiries with the petitioner and his relatives friends. They only alleged that they apprehended harassment and torture by Police. PROLOGUE According to Police On 10.3.1998, at about 10 a.m. Dharam Singh ASI, Police Post Dhamtan Saheb Narwana Tehsil, Jind District , along with Police companystables Ramesh Chand, Jaldhir Singh and Baljit Singh , while patrolling near Dhamtan Saheb Bus Stand, received information that one Joginder Singh son of petitioner and his associates were companyspiring in his house, to apply pressure on some tender bidders. Thereafter, the petitioner was taken back to the Police Post. 9.5 In the letter petition, the petitioner alleged that he had told police that he was number on good terms with his son Joginder Singh, that he had already disowned him and the family was having numberconnection with Joginder. Substantiated 3.2 Satya Narayan, ASI, harassed petitioner between 8.7.1998 and 7.11.1998. When they reached the Police Post, P. Singh, Superintendent of Police as also the Deputy Superintendent of Police, Narwana, were present. It is further alleged by the police that on 13.2.2001, Joginder and his associates murdered two residents of Tohana. In the meantime, the Police party which had gone to the house of Joginder, in search of him, did number find him and brought his father Sube Singh Petitioner to the Police Station. Because of such police harassment and torture, when he was released he and his younger son Gurmail Singh fled from his house. Not substantiated 1.3 Dharam Singh, ASI, took away the licensed gun, cartridges and jewellery from the house of petitioner, on 10.3.1998. Picking up of Rattan Singh a few days after 10.3.1998 is established. The pillion rider gave his name as Joginder Singh, a Palledar at Tohana. When the Police party chased him, Joginder Singh turned back, whipped out a pistol and fired at them. The case of Petitioner is that he and or his relatives were harassed, illegally companyfined, or tortured, to find out the whereabouts of Joginder. The Letter re alleged torture and illegal detention The petitioner sent an undated letter to this Court received on 19.11.1998 wherein he alleged that ASI Dharam Singh, In charge of Dhamtan Saheb Police Post, along with some Police Officers, came to his house on 10.3.1998 at about 11 a.m, to enquire about the whereabouts of his son Joginder and that when he informed them that he was number aware of it, they started beating him. When ASI Dharam Singh informed them that the persons brought were the father, mother and sisters of Joginder, the S.P. After inquiries, the petitioner was released. 4.2 The petitioner filed an affidavit dated 22.2.2001 before this Court on 3.3.2001 alleging interrogation by Police on 26.1.2001 and 29.1.2001 in regard to escape of his son Joginder from Police custody. Substantiated 3.6 Satya Narayan, ASI, tortured Shamsher Singh and took Rs.500/ to release him. Substantiated only to the extent that Gurmel Singh was picked up on 22.6.01 by police party and wrongfully companyfined at PS City, Jind. In this companynection, FIR No.112 dated 10.3.1998 under Section 302/307/352/186 IPC was registered in P.S., Garhi, against Joginder Singh and Amrik Singh. The alleged Second Round of Harassment Joginder was arrested in June, 1999 by Punjab Police. In that companynection, petitioner and his brother were taken to Police Station Tohana on 14.2.2001 for inquiries and were released on the same day. Then the police took him back to his house and ransacked the house. On 25.1.2001, when he was being taken to Ferozepur Court from Ambala jail, Joginder escaped from police custody. Incident on 10.3.1998 1.1. Petitioner was arrested on 10.3.1998 and taken to Police Station Garhi on 11.3.1998 where he was illegally detained for 10 days and beaten during first 5 days. The Munshi, Dhamtan Police Post kept him in a wooden Shikanza for 5 days and he was number allowed to sleep. In his affidavit dated 31.8.2001 filed in this case on 1.10.2001 , petitioner reiterates that he has disowned his son Joginder and alleges that he did number have any companytact with him and that in spite of it, the police were companytinuously harassing him and his family members seeking information about the whereabouts of Joginder and raiding his house and his relatives houses to find out whether Joginder was hiding there. Not Substantiated 3.4 Satya Narayan ASI took 10 kg. The CBI has companycluded that some of the allegations of the petitioner were substantiated while several others were number substantiated. According to police, the SDM and the Chairman of Zila Parishad, Jind, were also present at the Police Post at that time. Rattan Singh alias Ratna brother in law of petitioner was picket up on 10.3.1998 and kept illegally at P.S. Then he was taken to Jind. Dilbag Singh, No.59/Jind HC Balbir Singh No.450/Jind Const. The said report, however, companyfirmed that petitioner and his brother were called to the Police Station companyple of times for interrogation regarding the whereabouts of Joginder. He prayed for a direction to the Police to stop the atrocities and torture. Thereafter, the Police took him, his wife and two minor daughters forcibly to the Police Post, through the bazaar. Substantiated 3.3 Satya Narayan, ASI, demanded money from the petitioner and took money from petitioner, for fuel for the vehicle used to companyduct raids. Substantiated 1.5 Om Prakash H.C., PS, Garhi and Dilbag Singh, Sentry, beat petitioner on 11.3.1998. 3.1 On 8.7.1998, the petitioner returned to his house. He was companyfined at PS City, Jind and tortured. On receiving information of the death of companystable, the SP and the DSP rushed to the hospital and later, went to the Dhamtan Saheb Police Post. Note However, in the writ petition filed by Rattan Singh and petitioner on 24.3.1998 in the Punjab Haryana High Court, it is alleged that petitioner and Rattan Singh were kept in illegal companyfinement from 10.3.1998 to 13.3.1998 and again from 15.3.1998 to 16.3.1998. Dhoop Singh No.704/Jind Const. After three days he was again taken back to Dhamtan Post and kept there for 2 days. He was tortured in the Police Post by the ASI and Head Constable Munshi by thrashing him thrice, each time companytinuously for 15 minutes. Garhi and tortured for 2 days. Detention of petitioner at S. Garhi for some days was substantiated by an oral evidence of accused in an Excise Case Amarinder Singh . The petitioner published a numberice in Dainik Tribune dated 6.8.1998 that he had disowned his son Joginder and was number responsible for his actions. A further affidavit was filed by the petitioner on 1.10.2001 wherein he alleged that his younger son Gurmail Singh was forcibly taken from his sisters house on 22.6.2001 and tortured. On 24.6.2001, petitioners younger son Gurmail Singh was arrested for possessing illegal arms. 4.3 On 22.6.01, Gurmel Singh, younger son of petitioner was picked up by Constables Mukesh Kumar and Dhup Singh in a vehicle driven by Constable Dharampal . He also alleged that the Police forced him to bring money for the vehicles to companyduct raids to catch his son, Joginder and he was forced to accompany them on such raids and was put in wooden Shikanza at Tulvan Thana. He also alleged that on 14.2.2001 he and his brother Narsi were handcuffed and taken to Tohana Police Station and interrogated and released on 15.2.2001. When the police party proceeded towards Joginder Singhs house, they saw two young men companying from the opposite side, on a motorcycle. When the petitioner stated that he was number aware of his sons whereabouts, the S.P. He submitted a report dated 10.3.2001 stating that the allegations of the petitioner relating to police torture, illegal detention, harassment to wife and daughters, and removal of cash licensed weapon jewellery were number substantiated. The criminal case against the Police officers, we are informed, is under progress. Not substantiated by any independent witness. Joginder was declared as proclaimed offender by order dated 12.6.1998 of S.D.J.M., Narwana. No.416/1998 in the Punjab Haryana High Court on 24.3.1998 alleging harassment, torture and illegal detention for three days from 10.3.1998 to 13.3.1998 and again for a day 15.3.1998 to 16.3.1998 and prayed for action against the companycerned Police Officers and for a judicial enquiry. On seeing the Police party, the motorcycle suddenly turned back. Thereafter, he was released with a companydition to visit the Police Post everyday in the morning and evening. He even published a numberice in Dainik Tribune in August, 1998 stating that he has numberconnection with his son Joginder. Mohinder Singh 825/Jind by then HC The Deputy Superintendent of Police, Narwana, filed an affidavit dated 1.11.2002 companyfirming that FIR was lodged and that he was investigating into the matter. Though his wife and daughters were sent back to the house, he was illegally detained in Police custody for a day and then taken to P.S. He also prayed for a thorough inquiry into the atrocities and torture companymitted by the Police and imposition of punishment to those who were responsible. of Desi Ghee from petitioners brother Narsi. The SP made some enquiries with the petitioner and left. 2.1 The petitioner along with his brother in law Rattan Singh filed P. Crl. There is numberallegation of any torture at all. The motorcyclist gave his name as Amrik Singh. Dharam Pal No.4/Jind Const. Baljit Singh, one of the Constables, was hit and companylapsed. In regard to alleged torture, the statement of Gurmel Singh alone is available without companyroboration . He was again arrested on 16.3.1998, tortured for 4 days and released on 20.3.1998. 3.2 The Petitioner alleged that his friends and relatives who wanted to meet him, when he was being illegally detained, were number permitted to meet him and they were also tortured. The ASI asked the motorcyclist and the pillion rider to identify themselves. The ASI took him inside and beat him for about 10 minutes and brought him back before the SP again. Preliminary Inquiry Report of CBI The findings companytained in the report of CBI are summarized below Allegations by Petitioner and his relatives Finding by C.B.I. Jind filed a detailed reply affidavit dated 11.8.2001. The State of Haryana and its Director General of Police, were arrayed as respondents 1 and 2 and the six Police Officers referred to in the letter petition were arrayed as respondent Nos.3 to 8. On suspicion, the Police party gave chase and stopped the motorcycle near a petrol pump. 3.3 He alleged that in view of such torture, he was forced to leave his house and remain outside. When he begged that he should be released, he was informed that he was being taken for the raids on the instructions of Ranbir Sharma, S.P., Jind, and that without the permission of the S.P., he companyld number be released. This brought forth a further affidavit dated 20.11.2001 from the S.P., Jind, by way of reply denying the allegations. 2.2 The petitioner went underground for a few months. Garhi where he was kept for 10 days and during the first 5 days of such detention, he was regularly beaten. An undated letter from the petitioner, received by this Court on 19.11.1998, alleging illegal detention, custodial torture and harassment to family members was registered as a writ petition under Article 32 of the Constitution of India. In view of it, the State got the matter inquired into by Dr. John V. George, Inspector General of Police, Law Order , Haryana. 5.4 The SP, Jind, by affidavit dated 9.6.2003 informed this Court that the charge sheet was filed in the Court of Ilaka Magistrate, Narwana, and that the case was fixed for 18.7.2003 for framing of charge. 3.4 The letter of the petitioner was registered as a writ petition and Rule was issued on 11.1.1999. Mukesh Kumar No.99/Jind Const. Not being satisfied with the said report, this Court on 17.10.2001 directed the CBI to inquire into the matter with reference to the allegations made in the letter as also the subsequent affidavits filed by the petitioner and his relatives and the reply affidavits filed by the respondents. The findings in the said report are arrived at, on the basis of the allegations made in the affidavits filed before this Court, and the statements made by the petitioner, his family members and others nearly 100 witnesses before the Inquiry Officer. The S.P. Sudarshan Kumar No.811/Jind Const. 4.4 Yad Ram, Inspector, when he was SHO, PS Alewa forcibly picked up one Ramphal on 26.7.01 and harassed him when Ramphals house was raided on 29.7.01. 5.1 The CBI held a preliminary inquiry and submitted the report of the Inquiry Officer A.K. became furious and ordered his men to remove his moustache, whereupon Dharam Singh sat on his chest with three policemen pressing his hands and feet and plucked his moustache. Before his arrest, he was allegedly involved in two robberies registered on 19.3.1999 with PS, City Yamunanagar, and on 21.3.1999 with PS, Indri, Karnal District . They were again called for inquiries on the next day. PROCEEDINGS IN THIS COURT Not being satisfied with the reply affidavit filed on behalf of the State, in regard to the letter petition, this Court on 9.11.2000 directed the Chief Secretary of the State of Haryana to file a detailed affidavit in regard to the steps taken on the allegations made by the petitioner. On 13.9.2000, this Court appointed Mr. S. Muralidhar, Advocate, as Amicus Curiae, to assist the Court. After a few hours of interrogation they were released . Again, they started beating him, searched his pockets and took away Rs.2,350 which he was carrying. Thereafter, when the matter came up on 4.8.2003, the amicus curiae again submitted that companypensation should be awarded. Ohri, ASP under companyer of its letter dated 22.7.2002. He sought companypensation for himself and his wife and daughters for the social, physical and financial loss, and return of his licensed gun, gold ornaments and other belongings. 5.2 On 16.9.2002, this Court directed that the State Government to take appropriate action on the report of the CBI. Again in February, 2001 after the double murder, the S.I. If the enquiry or action taken by the companycerned department was found to be number satisfactory, to direct an inquiry by an independent agency, usually the Central Bureau of Investigation. When he requested for water, he was forced to drink hot water with salt. By then, his wife and daughters were made to sit in an uncomfortable posture as students are made to sit in schools by way of punishment . The High Court by order dated 27.4.1998 disposed of the petition with an observation that petitioners may file a criminal companyplaint in a companypetent companyrt. While adjourning the case, this Court observed that the question of awarding any companypensation at that stage, did number arise. 5.5 Thereafter, arguments on the question as to whether companypensation should be awarded or number were heard on 6.10.2005 and written arguments were submitted by the Amicus Curiae and the State on 19.10.2005 and 16.11.2005 respectively. V. RAVEENDRAN, J. 5.3 On 11.11.2002, this Court numbered that the FIR was registered and an appropriate chargesheet would be filed by the State in due companyrse, and that the officers companycerned have been suspended posted outside the district. He was beaten with sticks on the way. The injured Constable succumbed to the bullet injuries. This Court directed hearing on the limited question as to whether companypensation should be awarded or number. directed that they may be brought to companyrect mental attitude. The criminal companyrt was also directed to expedite the trial.
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2006_76.txt
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24.7.1996. The applicant projected before the Tribunal that her husband on being found incapacitated was made to retire from service on 6.7.1996 and he died soon thereafter on 24.7.1996 and therefore, the widow is entitled to family pension. 18 B /2010 before the Tribunal praying for fixation of pay of late Sagar Naik and for disbursal of his accrued financial benefits with effect from 1.1.1996 until he was retired on 6.7.1996 on being mentally incapacitated. The applicant also prayed for sanction of family pension from the date of death of her husband i.e. She also tried to make out a case for grant of invalid pension in favour of her late husband.
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2019_798.txt
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the salt is manufactured outside the municipal limits. the appellant is running a salt manufacturing works at jaffrabad called nawabsidi mohmad khan salt works. the major portion of the salt works is situate out of the municipal limits. 7289 6 0 as arrears of octroi. these two suits were decreed the companyrt declaring that the salt manufactured by the appellant companypany is number liable to octroi duty. the appellant paid under protest and filed the suit out of which this appeal arises before the civil judge gohilwad district bhavnagar against the respondent for a declaration that the salt manufactured by the appellant at its salt works at jaffrabad and exported uncrushed and or crushed was number liable to octroi duty and that the goods passing through municipal limits from the salt works are number liable to octroi duty and for an injunction restraining the respondent from recovering an amount of rs. the company had companystructed salt works grinding mills trolly tracks and a jetty at e port site. 7289 6 0 and for a further injunction restraining the municipality from hindering or obstructing the free passage of salt and goods and for the refund of rs. the appellate companyrt while dismissing the appeals and companyfirming the decree of the trial companyrt observed that the perpetual injunction granted by the trial companyrt would number apply to the salt entering the octroi limits for companysumption or use for the factory situated within the octroi limits of the municipality. the grinding mills and the part of the trolly track leading to jetty companye within the municipal limits of the respondent jaffrabad municipality. the judgment of the companyrt was delivered by kailasam j. these two civil appeals are by the kathiawar industries limited by special leave against the judgment of the gujarat high companyrt holding that the appellants are liable to pay octroi duty on uncrushed salt which is brought by the appellant to the factory situate within the octroi limits and crushed there. a bench of the high companyrt allowed the appeals except to the extent of companyfirming the declaration that uncrushed salt of the appellant companypany which is directly sent from the stacking ground to the jetty is number liable to octroi provided the plaintiff companypany followed the prescribed rules and formalities. the municipality preferred appeals. the municipality preferred two second appeals to the high companyrt of gujarat at ahmedabad. the municipality by a numberice dated 3 1 1955 demanded from the appellant rs. against the judgment of the high companyrt the plaintiff companypany has preferred these two appeals. 1271 14 o paid under protest. 2330 2331 of 1969.
appeals by special leave from the judgment and order dated 17/ 18 1 69 of the gujarat high companyrt in second appeal number 187 and 857/61. the appellant also filed anumberher suit for the refund of rs. the court also granted an injunction as prayed for. s. parihar and i. n. shroff for the appellant. j. john for the respondent. civil appellate jurisdiction civil appeal number.
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1979_285.txt
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The numberification in the first instance exempts from tax sales of medicines and pharmaceutical preparations. b if the manufacturer of medicines and pharmaceutical preparations manufactured in Uttar Pradesh sells them. and at the point of sale by the manufacturer of medicines manufactured by him within the State. a if the importer of medicines and pharmaceutical preparations manufactured outside the State sells them, and under cl. The High Court held that the respondent was number a manufacturer of medicines and pharmaceutical preparations within the meaning of the numberification. It then proceeds to withdraw the exemption in respect of two classes of sales of medicines and pharmaceutical preparations, i sale by an importer of medicines etc.,
imported from outside the State and ii sale by a manufacturer of medicines etc.,
manufactured in the State. The tax levied in respect of the excepted categories is a single point tax it may be levied when medicines and pharmaceutical preparations manufactured in the State of Uttar Pradesh are sold by the manufacturer. The Revenue authorities, however, held that when in his dispensary medicines and pharmaceutical preparations as prescribed by him were mixed, the process of mixing resulted in manufacture of medicines, by him as a manufacturer. The Sales Tax Officer being of the view that the dispensing of medicines, according to the prescriptions issued by the respondent, amounted to manufacture of medicines within the meaning of the numberification No. The Judge Revisions Sales Tax, U.P., Lucknow, referred the following question to the High Court of Allahabad for opinion Whether the preparation of medicines on prescriptions of the applicant amounted to a manufacture of medicines and pharmaceutical preparations within the meaning of numberification No. The scheme therefore is to levy sales tax at one point only, viz.,
at the point of sale by the importer in respect of medicines imported by him into the State,. 3504/X dated 10th May, 1956, and whether the applicant was assessable to tax on the turnover of the medicines so dispensed ? The respondent is a medical practitioner and in the performance of his professional duties he examines patients, advises them and prescribes medicines which are issued from his dispensary. Sales Tax Act, 1948, makes every dealer liable to pay in each assessment year a tax at a certain rate on the turnover. The order was companyfirmed in appeal by the Judge Appeals and was further companyfirmed by the Judge Revisions Sales Tax. Exemption granted by the numberification ceases to apply under cl. The sole question which falls to be deterrained in this appeal is whether by virtue of the numberification, the respondent is exempt from liability to pay tax. Against the answer recorded by the High Court, the Commissioner of Sales Tax, P., has appealed to this Court with special leave. On May 10, 1965, the Governor of Uttar Pradesh issued a numberification No. The expression manufacture has in ordinary acceptation a wide companynotation it means making of articles, or material companymercially different from the basic companyponents, by physical labour or mechanical process and a manufacturer is a person by whom or under whose direction and companytrol the articles or materials are made. Appeal by special leave from the judgment and decree dated April 1, 1963 of the Allahabad High Court in Sales tax Reference No. B.Agarwala and O.P. 12,943 for the year 1956 57. P. Goyal and Sobhag Mal Jain, for the respondent. 2458 of 1966. 391 of 1959. Rana, for the appellant. S.T. The Judgment of the Court was delivered by Shah, J. Section 3 of the U.P. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1968_55.txt
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in 1956 the income tax officer started proceedings under section 35 of the income tax act for the rectification of the assessment. the income tax officer karaikudi overlooked this fact and did number add penal interest to the tax leviable. penal interest under section 18 a 8 of the income tax act. numbernumberice was sent to either brother and the income tax officer ordered the levy of penal interest as follows on chockalingam 1951 52 rs. chockalingam and meyyappan are the sons of one meyyappa chettiar. the appellants had number paid advance tax according to their own estimate of the income for these two years and they were liable to penal interest under section 18a 8 of the income tax act. before the high companyrt it was companytended by the department that there was a patent failure on the part of the income tax officer to add penal interest to the tax which he companyld rectify under section 35 as an error apparent from the record. as there was numberfurther remedy the appellants filed four petitions under article 226 of the constitution challenging the orders of the income tax officer and the companymissioner of income tax on the ground that they were opposed to the principles of natural justice. they were informed by the income tax officer by a letter dated april 9 1956 that their applications were rejected. 13391 7 0 1952 53 rs. each of the appellants had filed two such petitions for the assessment years 1951 52 and 1952 53 in respect of which they were ordered to pay. october 12.
the judgment of the companyrt was delivered by hidayatullah j. these are four appeals filed by two brothers chockalingam and meyyappan against a companymon judgment of the high companyrt of madras dated september 30 1958 by which the high companyrt dismissed four petitions under article 226 of the companystitution filed by them. gopal singhr. the judgment of the high court was given effect to after 1953 and the assessments for the years 1951 52 and 1952 53 made on the brothers as individuals were companypleted on july 11 1953 and august 30 1954 respectively for the two years. 501 502 514 and 515 of 1956.
n. rajagopal sastri and m. s. k. ayyanqar for the appellants. 8281/ ii. at first the assessment was on the hindu undivided family but by an order of the high court dated december 5 1949 a partial partition in the family was recognized from the assessment years 1940 41.
it is number necessary to narrate the events that transpired after the decision of the high companyrt. 37 to 40 of 1962.
appeals from the judgment and order dated september 301958 of the madras high companyrt in writ petitions number. the high companyrt certified the cases as fit for appeal to this companyrt and hence the present appeals. n. sachthey and p. d. menumber for the respondents. civil appellate jurisdiction civil appeals number. the facts are these.
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1962_71.txt
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Defendant No. Defendants Nos. Does the suit abate by reason of Act XI of 1964 ? 23 of 1977 and defendant No. Are number the defendants entitled to protection under the Madras Buildings Lease and Rent Control Act, 1960, as amended by Act 23 of 1973 ? Did the suit building companye within the purview of the Act and did late Seetharama Rao become a tenant as defined in the Act, on the companying into force of the Tamil Nadu Act XI of 1964 ? 4 that the defendants were number entitled to protection under the Madras Buildings Lease and Rent Control Act, 1960 on issue No. Whether defendants 2 to 10 are entitled to protection against eviction from the suit property by virtue of the Act as amended by the Tamil Nadu Act 23 of 1973 ? Whether the tenancy came to an end upon the death of Seetharama Rao ? Whether the suit instituted by the plaintiff abated in view of section 3 of the Tamil Nadu Act XI of 1964 ? The Division Bench held that the status of the defendant, Seetharama Rao from March 1, 1964 was that of a trespasser and he was liable to pay profits or damages for use and occupation to the plaintiff that the defendant, Seetharama Rao was number entitled to the benefit of the principal Act by the companying into force of the Amending Act as the building itself was outside the scope of the principal Act and even if the building was within its scope, he was number a tenant as defined in the principal Act that section 3 of the Amending Act did number apply to the suit in question and hence it did number abate on June 10, 1964 and that after the death of the defendant, Seetharama Rao, defendants 2 to 10 were number entitled to the protection against eviction under the principal Act as amended by the Tamil Nadu Act No. XVIII of 1960 hereinafter referred to as the principal Act was amended by the Tamil Nadu Buildings Lease and Rent Control Amendment Act, 1964 Act No. The aforesaid order was replaced by the Madras Buildings Lease and Rent Control Act. The principal companytention urged in support of the appeal before us was that the suit having abated on the companying into force of the Amending Act, it was number open to the trial companyrt to treat the proceedings before it as a new suit instituted after the death of the defendant, Seetharama Rao against defendants Nos. The defendant filed his written statement on May 2, 1964 before the City Civil Court. 2 to 10 on the ground that after the death of the original defendant No. The defendant, however, companytinued to be in possession of the building by paying the rent every month. 2 to 10 who had been appointed executors an administrators were impleaded as legal representatives of the defendant who was shown as defendant No. The plaintiff issued a numberice to the defendant terminating the tenancy with effect from the expiry of February 29, 1964 and as the building was number governed by the principal Act at that point of time, he instituted a suit in Civil Suit No. Whether the defendants have numberlegal interest in the premises and companysequently liable to be rejected ? 1, they were number entitled to companytinue in possession of the building as statutory tenants and the plaintiff was entitled to a decree against them in that very suit. On the companying into force of the Madras Non residential Buildings Rent Control order in 1946, the defendant became a statutory tenant of the said building and fair rent in respect of it was fixed under that order in the year 1946 at Rs. The agreed h period of lease expired in July, 1943 but the defendant companytinued to be in possession of the building as a tenant holding over. Has the plaintiff given proper numberice of termination of the suit premises ? On June 10, 1964, the Amending Act came into force. It arises in the following circumstances Haji Mohamed Hussain Sait, the father of the plaintiff, Haji Abdulla Sait was the owner of a building situated in the city of Madras. The question involved in this case is whether a suit for ejectment filed in respect of any number residential building or part thereof pending before any companyrt on the date on which the Tamil Nadu Buildings Lease and Rent Control Act, 1960 Act No. 730 of 1964 on the file of the City Civil Court, Madras on March 2, 1964 for eviction and for damages at the rate of Rs. On August 13, 1965, the defendant filed an additional written statement before the City Civil Court raising the plea that the suit had actually abated by virtue of section 3 of the Amending Act. Accordingly, it dismissed the appeal filed by defendant No. In July, 1973, the plaintiff sought an amendment of the plaint praying for relief against defendants Nos. to an end upon the death of K. Seethararma Rao ? After the amendment of the plaint, fresh written statements were filed by defendants Nos. To what reliefs are the parties entitled ? In the companyrse of its judgment, the Division Bench formulated the following points for its companysideration What was the status of late Seetharama Rao after the termination of the tenancy whether he was a trespasser or a tenant holding over or a tenant at sufferance ? The two civil revision petitions filed by the defendant against the order passed on August 3,.1965 by the City Civil Court and the Appeal Suit No. The plaintiff in his appeal questioned the decree of the trial companyrt only to the extent it granted a period of three years to the defendants to deliver possession of the premises. On the death of the landlord Haji Mohamed Hussain Sait in 1955, under a partition amongst his heirs the plaintiff became the owner of the building. XI of 1964 hereinafter referred to as the Amending Act companyld have been proceeded with after that date. 266 of 1965 on the file of the High Court of Madras against the order of the City Civil Court dated December 4, 1964. 1949 which was also applicable to the said building. He leased it out in favour of the defendant, K. Seetharama Rao under a lease deed dated July 8, 1940 for the purpose of Running a restaurant known as Modern Cafe in it for a period of three years with effect from July 15, 1940 on a monthly rent of Rs. 2 to 10 raising several pleas including the pleas which had already been raised in the written statements filed by defendant No. Aggrieved by the decree passed by the Division Bench, defendants 2 to 4 and 10 have filed the above appeal by special leave in this Court. The protection which the defendant was enjoying under the Act of 1949 came to an end on the passing of the principal Act by virtue of section 35 thereof which repealed the Act of 1949 and section 30 iii thereof which provided that numberhing companytained in the principal Act was applicable to any number residential building, the rental value of which on the date of the companymencement of the principal Act as entered in the property tax assessment book of the municipal companyncil, district board, panchayat or panchayat union companyncil or the Corporation of Madras exceeded Rs. 1 before the City Civil Court. On the basis of the pleadings, the trial companyrt framed the following issues Is the suit maintainable ? Aggrieved by the decree passed by the trial Court, the plaintiff filed O.S.A. By an order dated July 20, 1970 made by the High Court, defendants Nos. 218 of 1965. The above companytention was based on the definition of the expression tenant in section 2 8 of the principal Act as it stood then. Both the above applications were allowed by the City Civil Court on August 3, 1965. 2 filed O.S.A 75 of 1977 on the file of the High Court of Madras. 2 to 10 and to pass a decree. 266 of 1965 filed by the plaintiff against the order of the City Civil Court dated December 4, 1964 were disposed of by a Division Bench of the High Court of Madras by a companymon order on June 28, 1972, the relevant part or which read as follows It is seen from the foregoing dates that at the time of the dismissal of the suit, the lower companyrt had numberjurisdiction to deal with suit and in that view the companynsel appearing on both sides represent that the order dismissing the suit as having abated may be set aside and the suit may be tried on the original side of this Court. In the meanwhile, on an application made under section 24 of the Code of Civil Procedure by the plaintiff, the suit was withdrawn to the file of the High Court and it was renumbered as C.S. Whether the tenancy came. 2 to 10 were, however, allowed three years time to deliver vacant possession of the premises. the present suit was number affected by the said provision. He also filed two revision petitions against the order passed by the City Civil Court allowing the two applications on August 3, 1965. In order to provide relief to such tenants and to ensure that the interests of trade and industries do number suffer by demands of landlords for unreasonable and exorbitant rents. Appeal by Special Leave from the Judgment and order dated 1 2 1979 of the Madras High Court in O.S.A. Chidambaram, Shakeel Ahmed, M.N. 23 of 1973. Swaminathan, A.C. Muthana, M. Subramaniam, K. Rajendra Chowdhary and N.N. 2 in his appeal questioned the entire decree. On the basis of the findings recorded by him, the learned trial Judge passed a decree for possession and damages for use and occupation. The appeal filed by the plaintiff was also dismissed as a period of 2.6 years out of the period of three years time granted by the trial companyrt had expired by the time the judgment in appeal was delivered. CIVIL APPELLATE JURISDICTION Civil Appeal No. 75/77. The quantum of damages was directed to be determined under order 20, Rule 12 of the Code of Civil Procedure. 1,680/ per month. V. Gupte and V. N. Ganpule for Respondent 2, 4 6. At the companyclusion of the trial, the learned Judge held on issue No. 1172 of 1979. 950/ . 6000/ per month. 400/ per mensem. Both the appeals came up for hearing before a Division Bench of the High Court. The Judgment of the Court was delivered by VENKATARAMIAH, J. Krishnamani and A. Malik for Respondent No. Sivam for the Appellant. He also filed an appeal in A.S. No. 1 thereafter . No.
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1979_362.txt
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gurdit singh and pal singh asked the assailants number to beat tara singh. gurdit singh father of ranjit singh gurdit singhs anumberher son pal singh and pal singhs son balbir singh also came out of their house on hearing the alarm raised by tara singh. dalip singh the accused caught hold of pal singh from behind which enabled nihal singh to give a blow to him. gurdit singh died on the spot and pal singh a little time thereafter. the takwa in the hand of pal singh fell down from his hand and thereupon his father gurdit singh seized the same and attempted to use it against the appellants pritam singh gave a dang blow to gurdit singh on his head. pal singh used his takwa in self defence against darshan singh appellant 4 whereupon harbans singh appellant 5 gave a blow with his takwa to pal singh and the latter fell down. harbans singh and darshan singh also did likewise. thereafter darshan singh and pritam singh appellant 2 belaboured pal singh with their takwa when the latter was lying on the ground. dalip singh appellant 3 caught hold of pal singh from behind and nihal singh appellant 1 aimed a dang blow at pal singhs head. accused 5 gave a takwa blow to him and after gurdit singh fell down accused 4 gave a soti blow to him. 2 saudagar singh w. 3 and balbir singh p.w. the said act of dalip singh and the immediate blow given to pal singh by nihal singh followed by the subsequent blows by the other accused leave numberscope for the argument of private defence. 2 stated that the deceased gurdit singh gave a takwa blow on the head of nihal singh the doctors examination did number disclose that there was any injury on the head of nihal singh but there was only an abration xi on the back of his left thumb b while p.w. pal singh was carrying a take away in his hand. 3 stated that deceased gurdit singh had used takwa against dalip singh the doctor was number in a position to state the nature of the weapon with which the injury found on him was inflicted. 4 and by balwant singh sarpanch p.w. at that time ranjit singh who was watering his cattle at a nearby well asked them number to beat tara singh. tara singh also raised an alarm when he was being pursued by the appellants. the prosecution case may be briefly stated on december 23 1959 the 5 appellants formed themselves into an unlawful assembly and in pursuance of their companymon object caused the death of gurdit singh and his son pal singh. at about sunset time on that date the five appellants were present in the haveli of banta singh the father of nihal singh appellant 1.
when tara singh was proceeding towards his house the 5 appellants armed with deadly weapons came out of the haveli and chased him for the purpose of assaulting him. 4 dalip singh number having been found with any weapon his name should have been falsely introduced by the prosecution. the prosecution story was deposed to by three eye witnesses ranjit singh p.w. it is therefore obvious that all the accused were armed with deadly weapons and that as soon as tara singh came they rushed at him and when the deceased came to rescue him they companyjointly used those weapons and gave them serious injuries which ended in their immediate death. 3 a while p.w. this companyrt in sanwat singh v. state of rajasthan 1 laid down the following principles governing the mode of disposing of an appeal against an order of acquittal made by a. subordinate companyrt the foregoing discussion yields the following results 1 .
an appellate companyrt has. 1 the lady doctor has stated that the likely duration between the injuries inflicted on the two deceased persons and their death was about 4 or 5 hours this circumstance companytradicts the evidence that they succumbed to the injuries soon after they were injured c the distance between the village of occurrence and the police station mallan wala is about 61 miles and therefore p.w. the lady doctors description may be accepted as more accurate. may 10 1963.the judgment of subba rao and mudholkar jj. the appellants were committed to the sessions to meet the aforesaid charges. was delivered by subba rao j. dayal j. delivered a separate opinion. on appeal the high companyrt on a review of the entire evidence came to a different companyclusion it held that the learned additional sessions judge was companypletely wrong in discrediting the prosecution witnesses and on that find ia 2 s c india/64 ing. the learned additional sessions judge on a companysideration of the evidence came to the companyclusion that the prosecution had failed to prove their case beyond all manner of doubt against any of the accused and on that finding acquitted all of them. subba rao j. the appeal by special leave is directed against the judgment of the high companyrt of judicature for punjab at chandigarh setting aside that of the second additional sessions judge ferozepore acquitting the 5 appellants of the charges under s. 148 and ss. 2 who gave the first information report should have reached the police station at the latest at about 9 p.m. but as a matter of fact the report was lodged at about 12.45 a.m. on december 24 1959. the appellants pleaded number guilty to the charges and stated that they were all implicated because of enmity. it companyvicted the appellants .and sentenced them as aforesaid. criminal appellate jurisdiction criminal appeal number 53 of 1962.
appeal by special leave from the judgment and order dated january 9 1961 of the punjab high companyrt in criminal appeal number 1018 of 1960.
ranganadham chetty and k. l. arora for the appellants. k. khanna and p. d. menumber for the respondent. 302/149 of the indian penal code and companyvicting them under the said sections and sentencing each of them to rigorous imprisonment for life and one year respectively. hence the appeal.
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1963_168.txt
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The appellant had entrusted to the respondent 147 bales of raw wools worth Rs.51.48 lakhs as carriers for transportation to Cawnpore Woolen Mills. The appellant entrusted taking of delivery of the possession of the goods to the carriers respondent who laid the suit on July 1, 1994 and interim mandatory injunction was sought for and was granted. We have heard learned companynsel on both sides. Leave granted. Thus, this appeal by special leave.
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1996_2168.txt
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Baljit Singh and Dilbagh Singh knocked at the door of the room where Gurpreet Kaur and Kans Kaur were sleeping and then at the door of the Joginder Singhs room. Baljit Singh was married to Sukhwinder Kaur, daughter of Joginder Singh PW 2 and Kans Kaur. The death of Kans Kaur and injuries suffered by Avtar Singh and Joginder Singh is number in dispute. The death of Kans Kaur and the injuries sustained by Joginder Singh and Avtar Singh is number disputed. The evidence of Gurpreet Kaur find supports from the evidence of Joginder Singh and Avtar Singh also. Dilbagh Singh was also identified in the test identification parade by both Gurpreet Kaur and Avtar Singh. A similar recovery was made from Baljit Singh and Dilbagh Singh. Gurpreet Kaur PW1 was sleeping with her mother Kans Kaur, deceased. Baljit Singh was armed with self loading rifle and the Appellant and Dilbagh Singh were armed with .303 rifles. from Fatuwal. Thereafter, they broke down the door of the room where Gurpreet Kaur was sleeping and dragged Kans Kaur out. While Sukhwinder Kaur, Inderjit Kaur and Sarabjit Singh were sleeping in a third room. The said Baljit Singh, Dilbagh Singh as also the Appellant herein were companystables. The injuries on the person of Avtar Singh and Joginder Singh were proved by Dr. Rana Verma. Joginder Singh was sleeping in another room. Joginder Singh was examined by Dr. D.S. Avtar Singh was examined by Dr. D.S. Avtar Singh, a companysin of Gurpreet Kaur also reached the companyrtyard by scaling over the wall. Before the learned Trial Judge, the prosecution examined Gurpreet Kaur, PW1, Joginder Singh, PW2 and Avtar Singh, PW3. The Appellants posting with Baljit Singh at the nake set up at Fatuwal is number disputed. B. SINHA, J The Appellant herein with one Dilbagh Singh and Baljit Singh were tried and companyvicted for companymission of offence of house breaking by night, to companymit murder of Kans Kaur for attempts on the lives of Joginder Singh and Avtar Singh and also for the illegal use of their fire arms. Both the Trial Court as also the High Court accepted the evidence of Gurpreet Kaur, PW1, Joginder Singh, PW2 and Avtar Singh, PW3. Despite pleas from Sukhwinder Kaur and her two sisters number to kill their mother, they fired shots at Kans Kaur. The short question which has been raised in this appeal on behalf of the Appellant is that the prosecution has number proved any motive on the part of the Appellant herein and numberreason has been assigned as to why the Appellant being a companystable would accompany Baljit Singh for companymitting the murder of Kans Kaur and cause injuries to Joginder Singh and Avtar Singh. On hearing the voice of Joginder Singh, they broke down the door with the butts of their rifles and fired at him. Baljit Singh was also arrested on the same date whereas Dilbagh Singh surrendered before Judicial Magistrate on 19th March, 1995. Dr. Gurpal Singh, PW4 performed autopsy and submitted a report therefor Nachhatarpal Singh, PW 14, as numbericed hereinbefore, was a helper of the vehicle wherein the Appellant, Dilbagh Singh and Baljeet Singh travelled from Fatuwal to Kot Budha. During the post mortem the following injuries were found on the person of Kans Kaur by Dr. Gurpal Singh, PW4 Lacerated penetrating wound 3/4x 3 cm on the left and lateral part of left mammary gland, 3 cm lateral of left nipple. Nachhatarpal Singh was also found to be a trust worthy witness to prove that the three accused used the vehicle wherein they travelled from Fatuwal to Kot Budha. Oozing of blood present from the wound. The animosity by and between Baljit Singh and family of his wife also stands fully established. Both the companyrts, furthermore, accepted the evidence of Nachhatarpal Singh, PW14 to the effect that he had transported the three accused from Fatuwal to Kot Budha. Nagpal and he was found to have suffered the following injuries A lacerated wound 0.8 cm x .08 cm in size with inverted margins over lower part of left chest on anterior aspect. Lacerated penetrating wound x cm on the lower part of neck and upper part of chest just 1 cm below trachial numberch. Nagpal and he was found to have suffered the following injuries A lacerated wound 0.8 cm x 0.7 cm in size, with inverted margins on lower part of right glutal region. They were found guilty and were sentenced to undergo imprisonment for life for the murder of Kans Kaur and lesser sentences for the other offences. In the First Information Report, it has categorically been stated that Baljit Singh was accompanied by two other persons in police uniform and all of them were armed with rifles. A grooved lacerated wound with skin loss 4 cm x 0.9 cm in size over right portion of occipital region of scalp. Nachhatarpal Singh PW 14 was working as a helper in a vehicle bearing registration No. Oozing of blood present from the wound which is skin deep. A lacerated wound 0.5 cm x .03 cm in size with skin loss over lower half of outer bone of right pinna external ear . Baljit Singh tried to forcibly take away Sukhwinder Kaur on a few occasions but her parents did number permit her to go with him whereupon Panchayat intervened resulting in execution of a purported agreement of informal divorce. Lacerated wound 1 x cm on the back of right chest just below posterial axillary fold in the middle of scapula. Issuance of fire arms and ammunitions to all them was proved by Head Constable, Gurmail Singh PW16 . When the said vehicle reached Fatuwal, allegedly the accused stopped the same and asked the driver to take him and other accused persons to Kot Budha. Margins were inverted. Lacerated penetrating wound 2 x 1 cm on the medial side of left mammary gland, margins were everted, the bullet was passing through left breast fat. Issuance of a .303 rifle with cartridges which had been issued to him by the authorities is also number in dispute. The arms and ammunition recovered were sent to a ballistic expert and it was opined that two of the cartridges had been fired from one of the .303 rifles and two from the other and five from the 7.62 MM rifle SLR . The prosecution also examined Inspector Dharam Singh to prove the absence of the three accused from duty from 11 P.M. on 20th February, 1995. Although a plea of breach of procedures as regard holding of test identification parade was raised by Dilbagh Singh, numbersuch plea was taken by the Appellant herein. It is number in dispute that the said rifles were issued to the accused persons with ammunition. All of them were deputed on patrol duty at a naka set up at Fatuwal, GT Road. Nine cartridges were recovered from the place of occurrence and the report of the ballistic expert established that the same had been fired from the rifles issued to the accused. Kot Budha is situated at a distance of 45 Kms. The Appellants companyplicity in the offence has been proved by Inspector Dharam Singh, PW 15 who was the SHO of the Beas Police Station who categorically stated that all the three accused were found missing. He along with the driver, Paramjit Singh of the said vehicle was on his way back to Jalandhar from Jandiala Guru after unloading paper. On dissection of chest injury No. On reaching the informants Joginder Singhs house, they scaled over the wall of the companyrt yard. Margins were inverted and blackening was number present. Owing to alleged demand of dowry, Sukhwinder Kaur came back to her parents from her matrimonial home which gave rise to strained relationship between the parties . The wound over left size of abdomen is number visible as its view has been obstructed by viscera companying out hence its size type cannot be described. It was also proved beyond reasonable doubt that they were issued official rifles which were used in the incident. 3 bullet was passing through upper part of chest injuring right lung, right pleural cavity and lung cavity was full of blood and the bullet was companying out posterially as injury No. The Appellant made a companyfession leading to recovery of a service rifle having .303 bore along with 10 live cartridges from the bank of river Beas. A shot was fired at him by the Appellant herein. Stomach large parts of small large intestines are protending sic protruding out of abdomen through its left side along with oozing of blood. The pillow, shoe and blood stained earth companylected from the place of occurrence were also found to have been stained with human blood. All the three accused at that time were in police uniform. Specialist for injuries 1 2. Their duty hours were between 8 P.M. on 20th February, 1995 to 8 A.M. on 21st February, 1995. The learned Trial Judge as also the High Court laid emphasis on the evidence of issuance of fire arms to the three accused and their absence from duty at about the time when the incident occurred. It has also been established that the Appellant together with two companyaccused were found missing from the place of his duty at 11 P.M. by their superior officers wherefor a report had been entered in the daily register at 11.30 P.M. on 20th February, 1995. The three accused thereafter ran away. It is number in dispute that the Appellant herein was arrested on 18th March, 1995. Expert advice of surgical Ortho. The companytention of the Appellant herein before the Trial Court was that he having number been named in the First Information Report, the prosecution cannot be said to have proved its case against him beyond all reasonable doubt. Probing number done. The learned Trial Judge found the Appellant and other two companyaccused guilty of companymission of the said offences. It was further submitted that the Appellant was number identified by anybody. PB 08 4886. The appeals preferred by all the accused including the Appellant herein were dismissed by the High Court by reason of the impugned judgment. It is true that in the First Information Report, the name of the Appellant was number mentioned. Evidence of the eye witnesses including the injured witnesses having been accepted by the two companyrts and as numberhing was pointed out by the learned companynsel appearing on behalf of the Appellant as to why the said findings should be disturbed by us, we accept the same. 4 described above. All the sentences were directed to run companycurrently.
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2005_797.txt
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The last order of appointment on N.M.R. basis as a Typist with effect from 12.7.1982. Thereafter without any rhyme or reason, he was again kept in N.M.R. Factual background in a nutshell is as under The case of the appellant was that he was appointed as Junior Typist on N.M.R. basis by the respondent with effect from 12.7.1982. The respondents case before the Labour Court was that the appellant was working on N.M.R. Thereafter he was allowed to companytinue from 29.6.1986 to 25.9.1986 and further from 27.9.1986 to 24.12.1986. He was appointed for a specific period on daily wage basis. The companytractual period of engagement ended on 3.5.1989 and there was numberrenewal thereafter. basis was issued to him on 28.4.1989. On its expiry on 15.11.1983 another appointment order was issued on 5.12.1983 for a fixed period giving effect from 16.11.1983. The High Court accepted the stand of the respondent Corporation that the appointment of the writ petitioner appellant herein was on N.M.R. Thereafter, he was allowed to companytinue without any break till 11.8.1989. On companysideration of the representation for further engagement and having regard to the requirement, he was engaged again and again on daily wage basis for specific period. on payment of Rs.10/ per day for a period of 90 days from 1.12.1985 to 28.2.1986. basis for a fixed period of time on the basis of payment at different rates. Later he was appointed on ad hoc basis in the usual scale of pay of Rs.255 5 285 EB 7 306 12 390/ with effect from 23.7.1985. All of a sudden another order was issued appointing him for 44 days with effect from 1.10.1983. Alleging that refusal of work beyond 11.8.1989 amounting to retrenchment, he raised dispute giving rise to the above reference. Thereafter, he was allowed to companytinue for about 8 months. Thereafter, his service automatically ceased and it is number a case of retrenchment. Thereafter numberfurther extension was given. Case No.90 of 1994 which directed the appellant Corporation to reinstate the present appellant with full back wages. ARIJIT PASAYAT, J. Appellant calls in question legality of the judgment rendered by a Division Bench of the Orissa High Court setting aside the award of Labour Court, Bhubaneswar dated 29.10.1997 passed in I.D. He companytinued in the said post for more than one year.
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2005_892.txt
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1100 1900 was to be given to Inspector of Factories, Inspector of Boiler and Electrical Inspector. Thus, the Service came to companysist of number only the Inspector of Factories, stricto sensu, but Inspector of Factories Chemical and Medical Inspector of Factories. The post higher to the Inspector being that of Deputy Inspector, then Joint Chief Inspector and finally Chief Inspector. The West Bengal Factories Service hereinafter the Service presently has three types of Inspectors of Factories. One of the disputes raised by Inspector of Factories Chemical relates to their pay scales. By that G.O., the scale of pay of Inspector of Factories was made Rs. The Service as companystituted in 1959 had 27 posts of Inspector of Factories in the pay scale of Rs. In the Present appeals, though we are companycerned with the service companyditions of Inspector of Factories Chemical , there is numberdispute that out decision shall apply equally to the Medical Inspector of Factories. After this decision of the Government, the Chief Inspector of Factories issued an order dated 12.5.1989 fixing the pay of Shri Tapas Chakravorty, one of the Inspectors of Factories earlier in the Chemical wing as Rs.1100. The Government, however, did number accept the recommendation qua Inspector of Factories. These rules laid down the method of recruitment, qualifications for direct recruitment and the only promotional post made available was that of Deputy Chief Inspector of Factories Chemical . The matter relating to pay scale of the aforesaid Inspectors came to be agitated by West Bengal Factories Service Association in the wake of State Pay Commissions recommendations of 1980. It may also be stated that by Notification dated 10.8.1987 recruitment rules were framed in exercise of aforesaid power for filling up the posts of Medical Inspector of Factories in the Service. Such Inspectors are needed by the State Governments to carry out the functions assigned to the former by section 9 of the Factories Act, 1948. According to these Inspectors, though while companystituting their cadre and giving appointments to them the scale mentioned was Rs. In the wake of the Bhopal gas tragedy, a need was felt by the State to have a Chemical Wing, and so, a separate cadre of Inspector of Factories Chemical was created by Notification dated 26.6.1986 with its own recruitment rules framed in exercise of the power companyferred by the proviso to Article 309 of the Constitution. On the strength of the Governments order of 7.4.1989, some of the Inspectors of the Chemical wing approached Calcutta High Court seeking a direction to the State to make and publish a companymon gradation list in respect of all the three categories of Inspectors and to provide equal opportunity of promotion. 7257/83 with the prayer that scale NO. To companyplete the necessary facts, it may be stated that the Government in the Labour Department issued letter dated 25.9.1990 to the Chief Inspector of Factories In charge stating that as advised by Finance Law Cell Department, it is requested number to implement the Departments order of 7.4.1989 regarding change of numberenclature. As per the recommendations of that Pay Commission, scale No. 1100 1900 with effect from 1.4.1981. Section 8 of this Act has empowered the State Governments to appoint such persons as possess the prescribed qualification to be Inspectors and the Government may assign to them such local limits as it may think fit. 932 GE dated 7.4.1989, numberdistinction in the companydition of service in the three cadres is permissible. dated 6.8.1988 with the companycurrence of Finance Law Cell Department O.No. The State Government thereafter issued G.O. The States appeal was dismissed by the Letters Patent Bench of the High Court which, however, made the scale available to all with effect from 1.4.1981. 678/88 dated 28.7.1988. It had its own promotional channel. A perusal of this order shows that this fixation had been done in terms of Labour Departments aforesaid order of 6.8.1988. 660 1600. HANSARIA. On appeal being preferred by the State, the Letters Patent Bench dismissed the appeal. 392 of 1987 by the State, by order dated January 28, 1988, the appeal was dismissed by stating that having regard to the special features of the case numberground for interference was found. This led the aforesaid Association to approach the Calcutta High Court in Writ Petition No. G.L. On this Court being approached in Civil Appeal No. 18 Rs. A learned single Judge allowed the prayer. J.
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1995_446.txt
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The Industrial Tribunal passed an award directing regularization of the workers. In Civil Appeal No SLP c No.23495/2012, the reference reads as follows Whether the claim of ONGC Contractual Mazdoor Sangha Lakwa regarding regularization of services of their members who are working as companytractual workers in ONGC Ltd. at Lakwa is justified? There are two set of references before the Industrial Tribunal. If so, to what relief they are entitled? v. National Union Waterfront Workers Ors., If so, to what relief, the workmen are entitled? The appellants are before this Court, aggrieved by the judgment of the Division Bench of the High Court remitting an industrial dispute to the Industrial Tribunal. However, the Division Bench took the view that the matter needs a fresh look by the Industrial Tribunal in the light of the decision in Steel Authority of India Ltd. Ors. KURIAN, J. The same was upheld by the learned Single Judge. Leave granted.
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2018_956.txt
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Aggrieved by these judgments and decrees the State of Andhra Pradesh preferred appeals to the High Court at Hyderabad which were allowed on the ground that is the supplies of rice were made by the appellants before the Rice Andhra Pradesh Price Control Third Amendment order, 1964, they were entitled only to the price specified in the Schedule to the Rice Andhra Pradesh Price Control order, 1963. Clause 2 of the order ran thus In the Rice Andhra Pradesh Price Control order, 1963, in Schedule I, for the varieties of rice and the maximum prices thereafter, the following shall be substituted namely Varieties or rice maximum price per quintal. 52.25 per quintal as fixed by the Rice Andhra Pradesh Price Control Third Amendment order, 1964 dated March 23, 1964. on March 23, 1964, the Central Government issued the Rice Andhra Pradesh Price Control Third Amendment order, 1964. 46.89 per quintal the rate specified in the Rice Andhra Pradesh Price Control order, 1963, dated December 19, 1963 or at the enhanced rate of Rs. As the representations made by them did number evoke a favourable response, they filed suits in the Court of the Subordinate Judge, Machilipatnam for recovery of the difference between the companytrolled prices specified in the Rice Andhra Pradesh Price Control order, 1963, dated December 19, 1963 and Rice Andhra Pradesh Price Control Third Amendment order, 1964. By means of the Rice Andhra Pradesh Price Control Second Amendment order, 1964, dated March 20, 1964, the Central Government amended sub clause 1 of clause 2 of the Rice Andhra Pradesh Price Control order, 1963 and ordained that in the said sub clause for the words the Schedule, the words and figures schedule I shall be substituted. 766 of 1968, 18 of 1969, 779 of 1968, 780 of 1968, 782 of 1968, 783 of 1971, 784 of 1968 and 785 of 1968 raise a simple but an interesting question namely, whether for the supplies of rice made by the appellants in January and February, 1964, they are to be paid price according to the rate specified in the Rice Andhra Pradesh Price Control Third Amendment order, 1964 dated March 23, 1964 or according to the rate specified in the Rice Andhra Pradesh Price Control order as it stood in 1963. The question arises in the following circumstances The appellants are millers and carry on the business of paddy and rice in the State of Andhra Pradesh. The said Schedule inter alia provided that Akkulu rice would be sold at Rs. On December 19, 1963, the Central Government in exercise of the power companyferred on it by section 3 of the Act made an order called the Rice Andhra Pradesh Price Control order, 1963, which extended to the districts of Krishna, West Godavari, East Godavari, Guntur, Nizamabad, Warangal and Nellore in the State of Andhra Pradesh. Clause 2 of the order provided that the maximum prices at which the varieties of rice specified in companyumn 1 of the Schedule to that order were to be sold in wholesale quantities would be as specified in the companyresponding entries in companyumn 2 of the said Schedule. In companypliance with the requisitions served on them by the requisitioning authority of the State of Andhra Pradesh, the appellants sold various quantities of that variety of rice to the Government of that State from January 26, 1964, to February 21, 1964, and were paid at the aforesaid rate of Rs. Districts other than Nellore Akulu 52 25 On the issue of this order, the appellants made representations to the Government of Andhra Pradesh requesting that for the aforesaid supplies of Akkulu rice made by them from January 26 to February 21, 1964, they should also be paid at the enhanced price of Rs. 46.89 per quintal. 52.25 per quintal. On July 31, 1959, the Governor of Andhra Pradesh in exercise of the powers companyferred on him by section 3 of the Essential Commodities Act, 1955 Central Act X of 1955 hereinafter referred to as the Act made an order called the Andhra Pradesh Rice Procurement Levy order, 1959 clause 3 of the order required every dealer and every miller to sell to the State Government on requisition served on him by the requisitioning authority at the companytrolled price a 40 percent of the quantity of rice held in stock by him at the companymencement of the order and b 40 percent of the total quantity of rice purchased by him every day beginning with the companymencement of the order. 805, 806 and 972 to 977 of 1973 by certificate from the judgments and decrees of the High Court of Andhra Pradesh in Appeals Nos. 766 of 1968, 18 of 1969, 779, 780, 782 to 785 of 1968, respectively. 805, 806 and 972 977 of 1973 From the judgment and decree dated the 8th June 1971 and 23rd November 1971 respectively of the High Court of Andhra Pradesh at Hyderabad in Appeal Suit Nos. S. Nariman, J. V. K. Gurunathan, T. V. Narasimhan Murty and A. Subha Rao, for the appellants. Ram Reddy and P. P. Rao, for the respondents. Dissatisfied with these judgments and decrees, the appellants applied for certificate under Article 133 1 a of the Constitution which was granted to them. This batch of Appeals Nos. The Judgment of the Court was delivered by JASWANT SINGH, J. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. The suits filed by them were decreed by that Court.
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1976_75.txt
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One of the pleas taken by them was that the land, on which the building stood, belonged to Veeraragava Perumal and Visweswara temple and, therefore, the question of the landlord reconstructing any building over the land did number arise. The building was about 30 years old by the year 1989.
feet by way of rent in respect of the existing accommodation, the question of reconstructing the building for the purpose of augmenting earnings of the landlord, and that too after spending Rs.6 lakhs, did number arise. However, during cross examination, he admitted that the front portion of the building was companyered with cement sheets and back portion was companyered with tiles. There was also some un constructed portion of the property lying at the back. However, this plea did number find favour with the Controller and, at the stage of appeal, the plea was specifically given up by the tenants. The landlord has filed these five appeals by special leave. Five tenants preferred civil revision petitions before the High Court.
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2002_993.txt
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apropos the speculation business of the assessee the income tax officer determined a loss of rs. in apportioning the assessees income amongst its partners under section 67 of the income tax act 1961 hereinafter referred to as the act he also apportioned the losses in speculation business in 1273 the two assessment years 1964 65 and 1965 66.
the profit in speculation business as companyputed for the assessment year 1966 67 was also apportioned by the income tax officer amongst the partners. the assessee companytended before the income tax officer that the losses in the speculation business companyld number be apportioned between the partners but should be carried forward and set off against the profit in the said business made in the assessment year 1966 67.
the income tax officer rejected this companytention. 1274 in the case of kantilal nathuchand supra the question for company sideration was whether on a true interpretation of the various provisions of the indian income tax act 1922 speculation losses of the assessee firm for the assessment years 1958 59 and 1959 60 should be set off against its speculation profit in its assessment for the assessment year 1960 61. apart from its regular trade ill various commodities the assessee was also carrying on a business in speculation. but the appellate assistant companymissioner in appeal following the decision of this companyrt in companymissioner of income tax gujarat v. kantilal nathuchand samt accepted the assessees stand. civil appeals 2716 2718 of 1972 relate to the assessment years 1964 65 1965 66 and 1966 67.
the assessee appellant is a registered firm carrying on business at several places in the state of kerala. the decision of the high companyrt is reported in d. kevasia company v. companymissioner of income tax kerala. on being asked by the assessee to state a case and make a reference to the high companyrt the tribunal referred the following question of law for its opinion whether on the facts and in the circumstances of the case and on a true interpretation of the various provisions of the income tax act 1961 the tribunal was companyrect in holding that a registered firm was number entitled to have its losses in speculation business carried forward for set off against future profits in speculation business. 136264/ for the assessment years 1964 65 1965 66 and 1966 67 respectively. the tribunal pointed out the distinction between the provisions of section 24 of the income tax act 1922 under which the case of kantilal nathuchand supra had been decided and those of sections 73 and 75 of the 1961 act. 40510/ a loss of rs. the department took the matter in second appeal before the income tax appellate tribunal. 27l6 27l8 of 1972 appeals by special leave from the judgment and order dated the 14 7 1972 of the kerala high companyrt in income tax reference number. 598/ and a profit of rs. the high companyrt of kerala on a companysideration of the relevant provisions of the act companytained in chapter vi has answered the reference in favour of the revenue and against the assessee. the judgment of the companyrt was delivered by untwalia j. these six appeals have been heard together as a companymon question of law in relation to the assessment of the same assessee arises in them. civil appeals 2716 to 2718 of 1972 have been filed in this court by special leave. 365 367 of 1978.
from the judgment and order dated the 24th may 1977 of the kerala high companyrt in i.t.r. identical questions arose in respect of the assessment years 1967 68 1968 69 and 1969 70.
the high companyrt answered the references made in respect of those three years also against the assessee by its judgment and order dated the 24th may 1977.
civil appeals 365 to 367 of 1978 have been preferred from the said decision of the high companyrt. 55 56 and 57 of 1975 l. nain and mrs.
saroja gopalakrishnan for the appellant in all the appeals. 100 101 and 102 of 1970 with civil appeal number. civil appellate jurisdiction civil appeals number. j. francis s. p. nayar and miss a. subhashini for respondent in all the appeals. it therefore allowed the departments appeal. number.
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1979_241.txt
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it was stated that shri baldev raj bindra and sat pal bindra are the sons of the original appellant since deceased. it was companytended that the petition was number maintainable because of number joinder of shri baldev raj bindra and sat pal bindra. the other ground was the ground of eviction claimed by the landlord for subletting assignment or parting with the possession of the premises in question by the tenant hl favour of his sons baldev raj and sat pal bindra. the said tenant was in exclusive possession of the premises and was carrying on his business therein with which it was stated baldev raj and sat pal had numberconcern. the tenant had numberconcern with the business carried on in the demised premises and the tenant had retired. the landlord in his deposition had stated that since 1st july 1971 baldev raj and satpal were running their business in the name of m s. bindra tent house in partnership and they were in possession of the premises in question. 13 the landlord had denied the suggestion that the said jagan nath was in possession of the premises and his sons had been helping him from the very beginning. the tenancy in question started on 1st january 1962.
it appears that on 7th numberember 1967 numberice was addressed to shri baldev raj describing him as sole proprietor of m s bindra tent house new delhi for eviction. the tenant tendered the rent to the landlord by money order for an amount of rs.450 which he refused to accept. there was an increase in rent in july 1970.
the respondent herein filed the petition against the appellant herein jagan nath under section 14 1 a and 14 1 b of the delhi rent companytrol act 1958 hereinafter called the act for eviction of the appellant from the premises companysisting of one room forming part of premises number n 80 kirti nagar new delhi as the appellant herein had number paid rent with effect from 1st may 1975 till 30th april 1977 at the rate of rs.75 per month despite service of the demand numberice dated 8th january 1976.
it was the further case of the respondent herein that the appellant had after 9th june 1962 sublet assigned or otherwise parted with possession of the premises to shri baldev raj bindra and sat pal bindra without the companysent in writing of the respondent landlord. they are the sons of the tenant since deceased and had companystituted a hindu undivided family. the petition of the landlord on the ground of number payment of rent was therefore dismissed. the judgement of the companyrt was delivered by sabyasachi mukharji j. this appeal by special leave is directed against the judgement and order of the high companyrt of delhi dated 29th august 1984.
one jagan nath since deceased was the original tenant of the premises in question. the landlord had produced on the record one statement made by the appellant herein jagan nath before the income tax officer photostat companyy of which is exhibit a.w. no demand numberice was ever served upon the tenant. the tenant in his cross examination had stated that he had sent partnership document and form ii to the income tax department. his sons have been substituted. number 40 of 1984.
rajinder sachhar and mrs.
rani chhabra for the appellants. the suit was filed before the additional rent companytroller and the same was companytested on various grounds. we are of the opinion that the rent tribunal was therefore right in refusing the amendment on the basis of the aforesaid principle. the tribunal on an analysis of evidence and facts came to the companyclusion that there was numbermerit in the appeal and dismissed the appeal and affirmed the eviction order. k. ganguli and e.m.s. civil appellate jurisdiction civil appeal number 1127 of 1985.
from the judgment and order dated 29.8.84 of the delhi high companyrt in s.a.o. the high companyrt on an analysis of the evidence and relevant authorities came to the companyclusion that there was numbersubstantial question of law and dismissed the second appeal. anam for the respondents. he died during the pendency of this appeal here. hence this appeal.
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1988_177.txt
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Orders passed by the Disciplinary Authority shall be companymunicated to the municipal officer or other municipal employee who shall also be supplied with a companyy of the report of the Inquiring Authority and where the Disciplinary Authority is number the Inquiring Authority, a statement of its findings together with brief reasons for disagreement, if any, with the findings of the Inquiring Authority, unless they have already been supplied to him. Regulation 8 The Disciplinary Authority, shall, if it is number the Inquiring Authority, companysider the record of inquiry and record its findings on each charge. of the opinion that any of the penalties specified in regulation 6 should be imposed, it shall a furnish to the municipal officer or other municipal employee a companyy of the report of the Inquiring Authority and, where the Disciplinary Authority is number the Inquiring Authority, a statement of its findings together with brief reasons for disagreement, if any, with the findings of the Inquiring Authority and, b give him a numberice stating the action proposed to. If the Disciplinary Authority, having regard to its findings on the charges, is. of regulation 7 of the Regulations appears to be due to the. Aggrieved by this order, the appellant preferred an appeal to the Commissioner of the Corporation on August 29, 1969, under regulation 11 of the Delhi Munici pal Corporation Service Control and Appeal Regulations, 1959 hereinafter referred to as the Regulations Which was rejected by the Commissioner on September 13, 1969. 179 of 1972 in the High Court of Delhi challenging the order dated July 30, 1969 of the Deputy Commissioner, Education, as well as the order of the Appellate Authority dated January 5, 1972. By order dated July 30, 1968, the Deputy Commissioner, rejected the representation of the appellant and imposed the penalty of dismissal from service upon him. On receipt of the report and perusal thereof, the Deputy Commissioner, Education of the Corporation passed the following order on May 20, 1969 I have gone through the report of the Inquiry Officer and agree with his findings. Under section 92 of the Delhi Municipal Corporation Act, 1957, the petitioner companyld be appointed only by the Commissioner and under section 95 of the said Act, he should be the dismissing authority. On October 5, 1967, the Education Officer suspended the appellant. The High Court allowed the petition on the ground that the order of the Appellate Authority was made in violation of the re quirements of regulation 15 of the Regulations and directed the Appellate Authority to dispose of the appeal afresh on merits keeping in view all the facts and circumstances of the case as also the requirements of Regulation 15 of the Regulation. The dismissing order was made by the Deputy Commissioner as delegatee i.e. 2471 of 1972. 118 225, in the Primary School, Northern Railway Colony II run by the Education Department of the Municipal Corporation of Delhi, with effect from October 1, 1958. as exercising the powers of the Commissioner. In the present case, however, the Commissioner had by numberification under section 491 of the said Act, delegated his power to the Deputy Commissioner under Circular NO. On September 6, 1967, Dhan Raj made a written companyplaint to the Education Officer of the Corporation, a companyy of which he endorsed to the Head Master of the School, alleging therein that the appellant bad sensually misbehaved with his son, Surinder Kumar in the School Premises during the recess time on 2nd and 4th September, 1967. While disposing of the writ petition, the learned Judge added that if the appellant still felt ag grieved by the decision of the Appellate Authority he would be at liberty in appropriate proceedings number only to chal lenge the order of the Appellate Authority but the order of the disciplinary authority as well. 1032 of 1969 in the High Court of Delhi challenging the aforesaid order of his dismissal from service. On August 28, 1964, he was transferred to the Senior Basic Middle School of the Corporation in Panna Mamirpur, Narela 11. It was number the case of the appellant in the petition filed, by him under Article 226 of the Consti tution that since his appointment as an Assistant Teacher was actually made by the Commissioner, the Deputy Commis sioner was. The Commissioner, therefore, companyld number sit in appeal on such an order. NAndley, B.P. Any such officer or employee may appeal against the order imposing upon him any of those penalties to the authority specified in companyumn 4 of the said Schedule. Rohatagi, V.K. I propose to impose the penalty of dismissal from service which shall be a disqualification for future employment on the respondent. On July 11, 1969, the appellant submitted his representation in reply to the show cause numberice. On April 15, 1968, the Assistant Education Officer, Rural North Zone, was directed by his superior to prepare a charge sheet against the appellant whereupon a charge sheet was drawn up and served on the latter on November 16, 1968. Kashyap, for the Appellant. The omission to make the aforesaid averments in the writ petition regarding the incompetence of the Deputy Commis sioner to pass the impugned order of dismissal from service and invalidity. In September, 1967, he was assigned the work of teaching certain subjects to both the sections of Class V. In section A of Class V, there was at that time a student named Surinder Kumar, son of Dhan Raj. The Inquiry Officer has held the charge of companymitting an immoral act with a student of Class V, levelled against Shri Tara Chand Khatri, A T Respondent as proved. Consequent upon the passing of this order, a numberice was issued to the appellant requiring him to show cause why the penalty of dismissal from service be number imposed on him. Therefore, the Director of Inquiries, who was deputed to enquire into the matter proceeded to hold the enquiry and on companysideration of the evidence adduced before him, he submitted a report on May 20, 1969, holding that the charge levelled against the appellant had been established. On October 11, 1971, the appellant filed Civil Writ Petition No. Such an act on the part of a teacher is most unbecoming, serious and reprehensible. one who rejected the appellants appeal on the former occasion heard the appe llant at companysiderable length but rejected the appeal by an elaborate order dated January 5, 1972. Only the Standing Committee of the Corporation companyld have heard the appeal. This appeal by special leave is di rected against the judgment and order dated March 28, 1972 of the High Court of Delhi dismissing in limine the writ petition filed by the appellant herein. K. Ramamurthi, K.B. Maheshwari and Suresh Sethi, for the Respondents. 179/72. He was companyfirmed on the said post on September 30, 1959. This petition was, as already stated, summarily dismissed without the issue of a numberice to the respondents. Appeal by Special Leave from the Judgment and Order dated the 28th March 1972 of the Delhi High Court in Civil Writ No. case, respondent No. 68 170, which was subsequently revised to Rs. number companypetent to dismiss him from service. 4 1 /8 Law Corp. 1 dated 7.4.1958. The appellant thereupon filed writ petition No. The facts essential for the purpose of this appeal are The appellant was appointed as an Assistant Teacher on temporary basis in the pay scale of Rs. VI of the petition and may be reproduced below for facility of reference Because in any. The Judgment of the Court was delivered by JASWANT SINGH, J. Jain and M.M. CIVIL APPELLATE JURISDICTION Civil Appeal No. The appellant then made an application to the High Court for leave to appeal to this Court but the same was also rejected. 3 has numberjurisdiction to hear the appeal. What was asserted by him at that stage is companytained in ground No.
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1976_383.txt
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The pay scales of the Lecturers and Professors was Rs. The revised pay scales of the Lecturers and Professors was fixed at Rs. The respondents herein were holding the post of Lecturers and professors in the University. The interpretation of the Rules arose in the companytext of a writ petition filed by the Lecturers and Professors of the Berhampur University Teachers Association in the High Court of Orissa. By the aforesaid Rules, which came into force on 1st January, 1986, the scales of pay of the Lecturers and Professors were sought to be revised. immediately prior to 1st January, 1986, the professors were getting Rs. 2588 of 1991 took a view that while fixing the emoluments of the Teachers of the University under the UGC scales, an additional increment is to be given at the initial stage. 700 1600 and Rs. 2003 Supp 5 SCR 492 The following Order of the Court was delivered Interpretation of Rules 8 1 a and b of the orissa Revised Scales of Pay Rules, 1985 for short the Rules , purported to have been framed under Article 309 of the Constitution of India, falls for companysideration in these appeals which arises out of the judgment and order dated 19th November, 1996. 1500 2500 respectively. However, another Division Bench in O.J.C. At the time when the aforesaid writ petition was filed, a Division Bench of the High Court of Orissa in O.J.C. On the relevant date i.e. No.
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2003_805.txt
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Lakshamania. It is claimed by the Appellants that Ram Charan Sonar and his brother Swaroop Sonar were already staying in the suit property with Narayan Sonar. It was claimed that Ram Charan Sonar and Swaroop Sonar had perfected title by adverse possession. In this suit 1st Defendant was the son of Ram Charan Sonar. The 2nd Defendant was the grandson of Swaroop Sonar. On 12th September 1916 Ram Charan Sonar and Swaroop Sonar executed a mortgage in favour of one Hanuman. Lakshamania widow of Narayan Sonar mortgaged two houses and twenty trees in favour of Ram Charan Sonar. Thus as far back as in 1914/1915 Ram Charan Sonar and Swaroop Sonar set up a title adverse to the estate. To be remembered that Swaroop Sonar was number a mortgagee under the mortgage deed of 1902. In this Suit Ram Charan Sonar and Swaroop Sonar had averred, in their written statement, that the suit property had companye to them under an oral Will by Shri Narayan. 8 who is the son of Ram Charan Sonar along with Appellant No. The Trial Court also gave a finding that the predecessors in title of the 1st Respondent had full knowledge of the transactions of mortgage and sale by Ram Charan Sonar and his brother Swaroop Sonar. 9 who is the son of Swaroop Sonar sold the southern house to Ramraj and Lakshman. Also, as indicated above, Swaroop Sonar was number a mortgagee. One Shri Bharat Sonar, claiming to the heir of Smt. It was also claimed that the old houses had fallen down and Ram Charan Sonar and Swaroop Sonar had, to knowledge of all, companystructed new houses on the land and were occupying those as owners. The first Appellant Court found, on a proper appreciation of evidence, that Ram Charan Sonar and Swaroop Sonar had been making claims to be owners of the property, ever since the death of Lakshamania, and that numberheir of Lakshamania had refuted this claim. This Suit was also dismissed on the ground that Shri Bharat Sonar was number an heir of Smt. On 26th October, 1942 Ram Charan Sonar sold a part of the other house which for sake of companyvenience is called the numberthern house to one Ram Charan Teli. Laxmina. Mantorani gave evidence and stated on oath that some of the predecessors in title of the 1st Respondent were number heirs of Lakshamania. Suit No. Laxmina, filed Suit No. The first Appellate Court also numbered that the predecessors in title of the 1st Respondent had number stepped into the witness box to prove that they were related to Lakshamania. The main defences were that the persons from whom 1st Respondent got title were number heirs of Lakshamania and that they had numberright to transfer the equity of redemption. To be numbered that the question whether or number the predecessors in title of the 1st Respondent were heirs of Smt Laxmina was purely a question of fact. Ramraj and Lakshman were given a right to redeem the mortgage from Hanuman. Thus the 1st Respondent and her predecessors had knowledge of this sale. Lakshamania died on 3rd November, 1908. Laxmina, sold their equity of redemption to the 1st Respondent. Mantorani and she had deposed that some of the predecessors in title of the 1st Respondent were number related. 85 of 1959 against Hanuman for redemption of the mortgage. Piyari was number an heir of Shri Narayan or of Smt. The mortgagee Hanuman was put in possession of the southern house as a mortgagee. This Suit was dismissed on the ground that Smt. Ram Raj and Laxman filed Suit No. The Trial Court numbered that numbere of the admitted heirs of Lakshamania had, in spite of knowledge of such claims, made any protest or filed a suit. It was numbered by the Trial Court that the predecessor in title were party defendants in the Suit and yet numbere had stepped into the witness box in order to prove that they were the heirs. Hanuman was made Defendant No. Both the Courts below had given companycurrent findings that it was number proved that the predecessors in title of the 1st Respondent were related to Smt. The first Appellate Court thus held that it was number proved that the predecessors in title of the 1st Respondent were related to Smt. That Suit was companypromised and on the basis of the companypromise a decree for redemption was passed against Hanuman and in favour of Ram Raj and Lakshman. In this Suit objections were sought to be taken by some of the predecessors in title of the present Respondent No. The Trial Court numbered that in the mortgage deed and the sale deed executed by the brothers and then by Defendants 1 and 2 they had claimed themselves to be owners. The Trial Court held, on proper appreciation of evidence, that it had number been proved by the 1st Respondent or on her behalf that her predecessors in title were heirs of Smt. One Smt. one Smt. 1st March 1960 and 21st March 1960 Sita Ram, Ganesh, Bechni, Rajwanti, Bhoju and Bhuwel, claiming to be the heirs of Smt. The said Smt. We have seen the sale deed. The Trial Court also held that Ram Charan Teli as well as Ramraj and Lakshman were bona fide purchasers for value without numberice. It was further claimed that the suit was barred by limitation. This sale property. Piyari, claiming to be the nearest heir of the husband of Smt. The Trial Court held that the 1st Respondent had acquired numberright, title or interest in the suit property and was number entitled to claim redemption. Ramraj and Lakshman were Defendants 4 and 5 respectively. was also on the footing that the sellers were owners of the On 20th December, 1954 Ram Charan Teli sold the house to Lakhan and Mahavir Kandu. The mortgagee filed a suit for specific performance of the Agreement to Sell and for setting aside the subsequent Sale Deed. The Trial Court held that the suit was barred by limitation. The first Appellant Court also held that the Suit was time barred so far as the Mortgage Deed of 12th September, 1916 and the Sale Deed of 26th October, 1942 were companycerned. 3 of 1961, for redemption of mortgage. By two sale deeds dt. Sita Ram, Ganesh, Bechni, Rajwanti, Bhoju and Bhuwel were Defendants 8 to 13 respectively. 17 of 1914 making a claim to the suit property. before the registration of the subsequent sale deeds, Respondent No. 328 of 1908 and made a claim to the suit property. On 25th February 1963 two further sale deeds companyfirming the earlier two sale deeds were executed. The mortgage was for a sum of Rs. This mortgage was in respect of one of the houses which for sake of companyvenience is called the southern house . The High Court disbelieves evidence of Smt. It was for them to aver and prove that their knowledge was within 12 years of the suit. This Suit was dismissed by the Trial Court on 20th March, 1967. He had already claimed ownership of this property in suit No, 17 of 1914. This was refused and, therefore, the 1st Respondent filed the present Suit, i.e. The first Appellate Court numbered that the only family member who gave evidence was Smt. 1 demanded redemption of the mortgage executed as far back as on 30th August, 1902. 1st Respondent then filed Second Appeal No. The Sale Deed was registered on 15th January, 1949. In an additional written statement filed by Defendants 1 to 4 it was also companytended that on the date the suit was filed the Plaintiff had numbertitle as the earlier sale deeds were invalid and that the subsequent sale deeds of 25th March 1963 did number cure the defect. The first Appellate Court numbericed that the Sale Deed dated 26th October, 1942 was for a sum of Rs. Thus an interest in excess of the interest of the mortgagee was being created. The first Appellate Court also held that the documents relied upon by the 1st Respondent viz Ex. Briefly stated the facts are as follows On 30th August 1902 Smt. The first Appellant Court held that the Suit against the purchasers was barred by Article 134 of the Limitation Act. 26th October 1942. On 25th August, 1930 family members of Sundarji, who had in the meantime died, entered into an Agreement to Sell the two shops and certain other property to the mortgagee. The mortgage was for a fixed period of 10 years. 800/ which created an interest in excess of the one held by the alleged mortgagee. Lakhan and Mahavir Khandu were Defendants 5 and 6 respectively. The documents relied upon are Exs. The Trial Court numbered that an admitted relative i.e. Being aggrieved by this Judgment 1st Respondent filed Civil Appeal No. After having entered into such an Agreement to Sell the family members of Sundarji sold the said shops to one Lalji Jetha and Kanji Jetha on 10th September, 1930. The Trial Court took numbere of the fact that some documents had been relied upon to prove the relationship. Cross objections have been filed by the 1st Respondent against directions in the impugned Judgment to have ascertained, amongst others, the state of the different parts or portions of the suit property and improvements made therein and their value. That it was purely a question of fact was also numbered by the High Court. The transferee Defendants also took up defence under Section 41 of the Transfer of Property Act. 20 and 21 were documents in which Sitaram described himself as son of Paltan. 20, Ex. They were put in possession of the house. The Trial Court, which was the best judge of her testimony and demeanor, believed her testimony. It was for them to aver and prove that they had numberknowledge of the nature of this transaction. Both the Courts below had rightly numbered that these parties had chosen number to step into the witness box. 20, 21 and Exs. 2100 of 1973 wherein the High Court has proceeded to appreciate evidence and on questions, purely of fact, overruled companycurrent findings of facts by two Courts below. 2100 of 1973. Seven written statements were filed by the various sets of Defendants. Now he was mortgaging as owner. 21 and Ex. With these findings the Civil Appeal was dismissed on 20th March, 1967. 22 would number establish relationship as the persons who companyld give the best evidence had been available and had number stepped into the witness box. Both the Courts below had companysidered the documents. Both the Courts below had number excluded the documents from companysideration. On 4th October 1960 i.e. For purposes of this Appeal we do number need to reproduce or deal with all the defences. The justification sought to be given by the Judge that there was an error of law in excluding documents from companysideration is patently wrong. Thus the rights of the mortgagor to redeem within the period of 10 years was being affected. A large number of defences were taken up. 149 of 1967. On 4th December, 1948 Appellant No. N. VARIAVA,J. These were got registered. It went to the root of the case. LITTTTTTTJ This Appeal is against an Order dated 13th July 1982 in a Second Appeal No.
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2000_1273.txt
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550 950 Scientists S I Rs. 700 1300 Scientists s II Rs. 1100 1600 Scientists s III Rs. it was thereafter that recommendations to implement UGC pay package for Scientists were adopted. In the meantime revised pay scales of Scientists were introduced replacing the old Scheme of assessment by new Career Assessment Scheme of the UGC w.e.f. Thus the placement of the scientists in UGC revised scales was to be done strictly as per the position scale held by the scientist companycerned as on December 31, 1985. Pay Scale ation pay Scale UOC Scientist 550 25 750 Experimental 1740 60 Enumerato S O EB 30 900 Scientists 2700 EB Document 75 3000 Scientist 700 40 Scientist 2200 75 Lecturer S I 900 EB 2800 EB 40 1100 100 4000 50 1300 Scientist 1100 50 Scientist 3000 100 Lecturer S 2 with 1600 Sr. The appellant introduced Agricultural Research Service with effect from October 1, 1975 and the relevant grades and pay scales of scientists working with it on December 31, 1985 were as under Grade Pay Scale Scientists S Rs. The posts will stand created for this purpose by upgrading the number of posts of scientists Senior Scientists in the respective Institute ICAR headquarters. The respondent was claiming UGC pay scales w.e.f. The respondent should have become eligible for grant of next higher grade of Scientist S II in 1987. Now, number only the pay scales were revised but the Scientists were also given new designation and were brought at par of UGC as below Grade Exstring New Design Revised Designation No. January 1, 1986 according to his position of Scientist S 1 as on December 31, 1985. In the case of Scientist, the question remained pending because there were representations from them for implementation of the UGC pay package as per recommendations of Dr. N.V. Rao Committee. The old assessment scheme ceased to operate after December 31, 1985 and the benefit of that old scheme was admissible to the scientists up to that date and number thereafter. It was submitted by the appellant before the Tribunal that, numberdoubt, under the old scheme the respondent would have become eligible for assessment for promotion to the next higher grade on companypletion of five years of service as Scientist Grade S 1 on January 12, 1987 but, however, as a result of the adoption of UGC pay package by the appellant the old Scheme of assessment was replaced with the new Career Advancement Scheme of UGC w.e.f. January 1, 1986. 1500 2000 Respondent was appointed as Scientist S 1 by order dated January B, 1982 and he joined this post on January 13, 1982 in the pay scale of Rs. January 1, 1986 as per UGC pay pattern and on the other hand was companytending that the Career Advancement Scheme, under which he got the revised pay Scale circulated on October 28, 1991, never operated from January 1, 1986. It was submitted that scientists with the appellant had been allowed UGC pay package as per the decision of the Government of India, Ministry of Finance, Department of Expenditure and that was to be applied without alteration. January 1, 1986, which is as under Entry Grade Rs. Tribunal directed the appellant to companysider the case of the respondent for promotion to the higher grade of Scientist senior scale from the year 1987 on the basis of five yearly assessment scheme in existence at that time and if found fit to promote him and to fix his pay in the revised scale of pay introduced as per proceedings dated March 9, 1989 nationally and to make him actual payment in that scale on the basis of above fixation from January 13, 1990 when he was actually promoted to that grade. The appellant issued orders on March 9, 1989 and it was mentioned that it was decided with the approval of the Government of India, Ministry of Finance Department of Expenditure , to revise the pay scales of the Scientists in various grades w.e.f. Scale 3500 125 Sr.
January 1, 1986 is the date when the recommendations of Fourth Pay Commission were implemented. Scientists were asked to give their option to draw salary in the revised scales in writing in the form prescribed within three months from the issue of the letter dated March 9, 1989.
stood modified w.e.f. Therefore, as per the option given by the respondent he was placed in the pay scale of Rs. 2000 3500 Existing Selection Grade Rs. Old Scheme ceased to operate after December 31, 1985. The respondent gave his option to be companyered under the new Scheme by his letter dated June 8, 1989 but it was with the rider that the option was subject to the clarification in regard to his career advancement after companysideration of the five yearly assessment which was in year in the year 1987 when he became eligible for companysideration for the next higher grade. Some of the relevant rules prescribing the procedure to be followed for promotion are as under Suitability for promotion to the next Higher Grade will be adjudged by the Departmental Promotion Committee to be companystituted at the Institute level with the following companyposition Chairman to be numberinated by the ASRB. The new Career Advancement Scheme had companye into effect by Office Memorandum dated October 28, 1991 with retrospective effect from January 1, 1986 as stated earlier. It is aggrieved by the judgment dated August 26, 1996 of the Central Administrative Tribunal, Hyderabad Tribunal for short allowing the petition of the respondent, a scientist working with the appellant. on the basis of a five yearly assessment. There are several streams of people working in ICAR, the appellant, and the number technical staff who opted for the replacement scales recommended by the Fourth Pay Commission, were given the benefits from January 1, 1986 and they drew their arrears. 2200 4000 w.e.f. Relying on the earlier rules as applicable, the respondent submitted that a vested right for promotion had been acquired by him and that me same companyld number be taken away by introduction of a new scheme and it was submitted that the option given by the respondent for acceptance of new pay scales from January 1, 1986 was companyditional and that option companyld number have been accepted by the appellant without reference to the companyditions companytained therein. 3700 5000 New Grade After 12 years Scale with at least 4 years Introduced in Selection Grade 20 of APS Subject to identification of posts The Memorandum also stated that necessary amendments in the rules were being carried out and these were introduced by numberification dated November 22, 1988. 700 1300. DDG companycerned with the Institute or his numberinee. Director of the Institute or his numberinee. January 1, 1986 and that companyprehensive instructions in this regard would be issued shortly. In suppression of earlier procedure new procedure was prescribed for promotion. January 1, 1986, take away the vested rights already companyferred on the respondent? One Expert to be numberinated by DG, ICAR. The recommendations made by the DPC shall be submitted by the Director of the companycerned Institute to ICAR fr seeking the approval of the companypetent authority. With reference to this para 16 the appellant took further decision as envisaged therein and issued modified Career Advancement Scheme on October 28, 1991. Relevant service rules at the time of appointment of the respondent provided for assessment, promotion etc. There were certain objections made against the recommendations of Dr. N.V. Rao Committee and another Committee with Dr. M.G.K. 3000 4500 Existing After 8 years 20 of APS Junior Administrative Rs. The recommendation of the DPC shall numbermally be made within a year of companypletion of requisite years of service and promotion if awarded will take place from a date following the date of companypletion of prescribed years of service. On July 18, 1987 respondent was asked to submit his five yearly assessment for the period 1982 87 which he submitted but numberaction was taken thereon. This Committee had seven members and had made certain recommendations. for the appellant Dr. Aparna Bhardwaj, Rajesh Tyagi, Praveen Jain, Advs. The appellant is a society registered under the Societies Registration Act and is engaged in the research of agriculture, animal husbandry, institutes in different parts of the companyntry. Menon as Chairman was companystituted. Respondent went on study leave from September 13, 1989 to November 30, 1993. Detailed instructions were issued. for the Respondents J U D G M E N T The following Judgment of the companyrt was delivered Wadhwa, J. Leave granted.
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1998_283.txt
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The appellant is daughter of Pritam Kaur and Khushi Ram was living with Pritam Kaur in her house and Pritam Kaur was serving him. Khushi Ram executed a Will in favour of Gian Kaur and appointed her as his Mukhtiar e am. Both Gian Kaur and Khushi Ram opened a joint account in a Bank and out of love and affection Khushi Ram subsequently executed a Will dated 12.4.1990 in favour of the appellant plaintiff. The shares of the sons were partitioned by the Revenue Authorities as early as on 30.4.1990 and share of Khushi Ram was separated from Raghubir Singh each getting 16 kanals. It was also the companytention of the defendant that Khushi Ram was a saintly person and wanted to donate land to a religious institution. Labhu, an agriculturist of village Sarhola Mundia, Tehsil District Jalandhar, Punjab had three sons, namely, Khusi Ram, Raghubir Singh and Kashmir Singh and a daughter called Pritam Kaur. After the withdrawal of the aforesaid suit, the filing of the present suit for declaration and permanent injunction became necessary as the defendant threatened to dispossess the plaintiff from the suit property. That suit was withdrawn on 1.12.1993 without any permission of the Court to file a fresh a suit. Before the trial Court, the stand of the defendant was that the property is a Joint Hindu Family property and the plaintiff has numbercause of action to file the suit. Even after a companypromise was arrived at between the parties on 2.10.1991, the defendant brought a suit for declaration challenging the Will. By the judgment under appeal, the Honble High Court reversed the judgment and decree of the Court below and held that the suit for declaration that the plaintiff is the owner in possession of land measuring 16 kanals situated in village Ajnoha, is number maintainable. The plaintiff is in appeal before this Court. Subsequently, relations between them became strained and he cancelled his Will and his Power of Attorney. GANGULY, J This appeal is directed against the judgment and order dated 26.08.2002 of the Punjab and Haryana High Court in Regular Second Appeal No.1806 of 2000. The material facts of the case are as under.
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2011_140.txt
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It was a Self Financing Housing Registration Scheme. Registrants under the Scheme were entitled to apply therefor. The Scheme was closed. Respondent floated a scheme known as Fifth Self Financing Housing Registration Scheme, 1982 for short the Scheme . Despite the same allegedly they had been allotted Category III flats. The Brochure issued for enforcing the said Scheme is a self contained document. Indisputably, the Scheme was an independent one. The Central Government in a situation of this nature was entitled to formulate a Scheme for the left out registrants. In the public numberice, it was categorically stated that the registrants of the said scheme who had number applied for an allotment in that release would number be eligible to apply again for allotment. They asked their names to be included in the VI and VI A Self Financing Schemes which were issued later on. It was further stated that in the case registrants of 5th SFS did number avail of this opportunity or if they surrendered allotment allocation after being successful, they shall be deemed to have opted out of the scheme and action shall be taken to refund their registration money. As a large number of flats had been vacant, as would appear from the statement made by the Vice Chairman of the respondent on 8.11.2002 by reason of allotment of the flats, numberody else would be prejudiced. On what ground, we do number know, flats were allotted in their favour. Appellants were number successful therein and, thus, were unable to get flats in locality of their choice. Indisputably, despite the fact that the appellants were number successful in obtaining the flats by reason of draw of lots and despite the fact that they did number respond to the numberice issued by the respondent, those cases had number been companysidered in the year 1994. Other similar schemes following the same were also wholly independent of each other. 5th SFS onwards/2000/SFS, dated the 15th May, 2000 from Shri Arvind Kumar, the then Commissioner Housing , on the subject numbered above, and to state that the matter pertaining to giving one more opportunity to the left out registrants of 5th and subsequent Self Financing Schemes was discussed in the Chamber of UDM with VC, DDA some time back. After discussion, it was agreed that instead of a general scheme, VC, DDA would companyer the pending petitioners, especially, the hard cases under the OTA quota. Another application was filed by them before the Permanent Lok Adalat for number companypliance of orders of Ministry of Urban Development despite availability of flats. A companyplaint was filed by the appellants before the Consumer Disputes Redressal District Forum II on or about 16.01.1995 inter alia for a direction upon the respondent herein that their registration should number be cancelled and they should be companysidered in future draw of lots till they companyld be allotted flats in the locality of their choice. However, with a view to give a chance to those who were number successful in the lots on the earlier occasions, a public numberice was issued in some newspapers on 8.12.1993 for release of about 3000 flats which included some built and ready built ones situated in Kondli Gharoli. For the purpose of allotment of flats, lots were drawn on various occasions, viz.,
in June, 1987, November, 1987, March, 1989, July, 1990, January, 1991, January, 1993. By an order dated 25.11.1999, the National Commission dismissed the revision petition filed by the appellants herein relying inter alia on Clause 16 of the Brochure wherein it had categorically been stated that DDA reserves the right to withdraw the Scheme at any time. Allegedly, the Joint Secretary DL by reason of a letter dated 24.08.2000 addressed to the Vice Chairman of Delhi Development Authority directed as under I am directed to refer to D.O. Appellants herein thereafter filed a revision application before the National Consumer Disputes Redressal Commission. The authorities of the respondent having participated in the meeting with the Minister of Urban Development, pursuant whereto the said letter dated 24.08.2000 was issued, the respondent was bound to implement the same in view of the principles of Legitimate Expectation and Promissory Estoppel. Appellants herein pursuant to an advertisement issued in this behalf registered themselves their registration numbers being 13463, 16602 and 13464. The Central Government, having regard to Section 41 read with Section 56 2 r of the Act, companyld direct allotment of flats from out of turn quota keeping in view the cases of the appellants who were three in number, as falling in the category of hard cases. By a judgment and order dated 24.07.1995, the said application was allowed holding that the action of the respondent in number companysidering the cases of the appellants for allotment through the process of draw of lots amounted to unfair trade practice, apart from being unilateral and unjustified. Respondent is an authority created under the Delhi Development Act, 1957 for short the Act . They having failed to deposit the amount as far back in 1994 cannot number be permitted to claim an equitable right despite their unsuccessful attempt before the Forums created under the Consumer Protection Act, 1985. Although the appellants were number successful in their attempt to obtain any remedy on the judicial side, they purported to approach the Ministry of Urban Affairs in 1997. Aggrieved by and dissatisfied therewith, the respondent preferred an appeal before the State Consumer Disputes Redressal Commission, New Delhi and by an order dated 30.11.1998 allowed the said appeal and set aside the order of the District Forum. Mr. Ram Prakash, representing the appellants, in support of this appeal inter alia would submit As in the Brochure, a policy of reservation was provided, the High Court companymitted a serious illegality in opining that numberlegal right accrued in their favour in terms of the said letter dated 24.08.2000. Letters Patent Appeal preferred thereagainst by the appellants being LPA No. Appellants did number respond to the said numberice. The Act was enacted to provide for the development of Delhi according to plan and for matters companynected therewith or ancillary thereto. By an order dated 20.03.2006, the said petition was dismissed. letter No. A review application filed thereagainst also stand dismissed. During pendency of the said application, they approached the Finance Member and Chairman of the respondent to place their case before the out of companyrt settlement companymittee. 652 654 of 2006 has also been dismissed by reason of the impugned judgment dated 25.04.2006. Respondent did number agree thereto. 19633 35 of 2005. A Special Leave Petition preferred thereagainst was dismissed. F.1 Misc. Thereafter, a writ petition was filed before the Delhi High Court which was marked as Civil Writ No. 1322 of 2007 B. SINHA, J Leave granted. They were asked to make deposits. They were called upon to pay the price specified therefor and to take delivery thereof. Arising out of SLP Civil No. They declined to do so. They made certain representations.
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2007_960.txt
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The Board had given order for filling up the posts as per the percentage for Scheduled Castes an Schaduled Tribes. The Scheduled Castes and Scheduled Tribes employees should be adjudged by the Departmental Promotion companymittee separately in regard to their fitness. On April 30, 1984, the respondent Board passed a Resolution that in Article 16 4 and Article 335 of the Constitution provision has been made for backward classes for appointment and, therefore, their should be numberdifficulty in providing reservation in appointment to posts to give the benefit to the backward classes and that the percentage of reservation as is kept in the Government service would be applicable to the Corporation. As per the orders of the Board, for every type of recruitment at every stage or service or place, a separate roster register, as per the prescribed format, is to be Kept. In paragraph 4 of the Resolution, it was stated that these orders would take effect from January 1, 1976.
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1996_1693.txt
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It is also number suggested that the respondents accepted the terms set out in annexures P/1 and P/2 under mistake. It is number companytested that an Instruction by the Education Department was issued in pursuance of which the appointments of the respondents in question were made as part time lecturers. In pursuance of certain Instructions issued by the Director, Education Department of the State of Punjab in 1990, each of the respondents was offered a post, as per annexures P/1 and P/2 respectively, of part time lecturer on the specific companydition that he companyld be relieved at any time without numberice, and that the payment would be made at the rate indicated therein on hourly basis. On 26.2.1991 the respondents filed the writ petition CWP No. Notice was issued to the respondents asking them to get ready for final disposal of the case, and accordingly they have filed their companynter affidavit followed by further affidavits by the parties. Meanwhile the petitioners will get their salary for the period of the vacation. The respondents accepted the offers, and were appointed accordingly. Lalit Mohan Sharma, J. This special leave petition is directed against the order of the High Court dated 4.4.1991 disposing of a writ petition filed by the present two respondents. Special leave is granted.
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1991_433.txt
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98/2 and 98/3. 98/3 is 7 acres and 10 guntas. 98/2 measuring 6 acres 30 guntas was given to Dawalsab Agasimani and RS No. 98/2 and the plaintiff is the owner in possession of 7 acres in RS No. 98/2 measuring 6 acres 30 guntas since 1973. 98/2 measuring 7 acres fallen to the share of defendant and RS No. 98/3 measuring 7 acres 10 guntas was given to father of the defendant. 98/3 measuring 7 acres fallen to the share of the plaintiff. The defendant got the extent of his land entered as 7 acres instead 6 acres 30 guntas. 93/3 measuring 7 acres and 10 guntas situate at Palikoppa in Hubli. 98/2 was allotted to the share of defendants father. Though the suit property measuring 7 acres 10 guntas, there was an entry in the record of rights to the extent of 7 acres and 30 guntas. Right from the date of partition in the year 1973, defendant is cultivating the land measuring 6 acres 30 guntas and the plaintiff is cultivating the land measuring 7 acres and 10 guntas. 98/1 measuring 6 acres 30 guntas was given to Nabisab A Agasimani, RS No. 98/2 also came to the share of defendants father. Though variations were made in the record of rights, the plaintiff companytinued to enjoy 7 acres and 10 guntas, whereas the defendant is in actual possession of only 6 acres and 30 guntas. The plaintiff, by filing an application to the Revenue Authority, got it rectified as 7 acres 10 guntas. In short, according to the defendant, he has been the owner in possession of 7 acres in RS No. 98/2 and 98/3 were equally divided between two brothers i.e. 98/3 of Palikoppa village. Defendant resisted the suit, inter alia, companytending in his written statement that the plaintiff has wrongly described the property as 7 acres and 10 guntas. It was further stated that subsequently Dawalsab Agasimani to whom RS No. The trial Judge, after framing necessary issues and companysidering the relevant materials, decreed the suit declaring the plaintiff as the absolute owner of suit property measuring 7 acres 10 guntas in RS No. grandfather of the plaintiff and father of the defendant and each got 7 acres to their share, the same was intimated to the village accountant and on that basis entry was made. 242 of 2001 modifying the judgment and decree in part that the plaintiff is owner and in possession only to an extent of 7.00 acres of land. The defendant is the owner and in possession of R.S. BRIEF FACTS Mahaboobsab Modinsab Agasimani, plaintiff in O.S. On the side of the defendant, his son has been examined as DW.1 and one Dawalsab Agasimani as DW.2 apart from marking Ex. Both the trial Court as well as the First Appellate Court discussed the issue in detail and rightly came to the companyclusion that the plaintiff is the absolute owner of 7.10 acres and number 7 acres as alleged and erroneously companycluded by the High Court. 98/2 was allotted, given up his claim in respect of that land and thus the said RS No. Since the defendant started denying the title of the plaintiff to the entire extent, the plaintiff companystrained to file the suit for declaration of his title. The High Court, by impugned judgment dated 08.07.2005, modified the judgment and decree of the Courts below and held that the plaintiff is owner in possession only to an extent of 7.00 acres. Questioning the modified decree to the extent of 10 guntas, the plaintiff, after obtaining special leave, has filed the present appeal. 98 originally belonged to the father of the defendant, Hasansab and his brothers. In this way, defendant and his brothers became the joint owners of RS No. Subsequently, father of the plaintiff and others got their shares entered vide ME No. In that partition, RS No. P1 the extent of RS No. 781 was illegal and number binding on the plaintiff. The appellant plaintiff filed the said suit for declaration declaring him as the absolute owner of the suit property bearing RS. According to the plaintiff, he is the owner and in possession of the suit property which came to the share of his father in the year 1973 in their family adjustment among the brothers. On the above pleadings, plaintiff himself was examined as PW. During 1973, there was an oral partition of RS No. As per the oral partition, RS No. The same has number been challenged by the defendant so far. This entry made by the Revenue Authority was illegal and without the knowledge of the plaintiff. No. Therefore, RS No. 98 and accordingly M.E. Aggrieved by the aforesaid judgment and decree of the trial Court, the defendant preferred Regular Appeal No. Not satisfied with the judgment and decree of both the Courts below, the unsuccessful defendant filed Regular Second Appeal No. In this way, M.E. Accordingly, M.E. D 11 as number admissible since the same was number properly proved by the defendant. Subsequently, all the five sons of Hasansab partitioned these properties in the year 1985. D 11 and more particularly when DW.2 who was examined to prove Ex. 192/87 was illegal and companytrary to the provisions of the Karnataka Land Revenue Code. 712 came to be certified on 20.01.1985. 242 of 2001 before the High Court of Karnataka at Bangalore under Section 100 CPC. Like that of the trial Court, the First Appellate Court raised a doubt about the factum of 1985 partition. 1 and one Lalsab as PW.2 apart from exhibiting documents, namely, Ex. The Appellate Court also companycluded that as per Ex. In the light of the factual companyclusion arrived by the trial Court as well as the First Appellate Court analyzing the oral and documentary evidence, we are of the view that the High Court has companymitted an error in interfering on a question of fact which was number permissible under Section 100 CPC vide P. Chandrasekharan and Others vs. S. Kanakarajan and Others, 2007 5 SCC 669 and Basayya I. Mathad vs. Rudrayya S. Mathad in Civil Appeal No. 480 came to be certified. 600 came to be made on 01.05.1980. The High Court proceeded on the basis that it was during 1985 as per arrangement in Ex. RS.No. In other words, the High Court based its reliance as per Ex. District Judge, Dharwad. Therefore, the order made by the ADLR in PH No. The First Appellate Court, after framing necessary points for companysideration, accepted the findings rendered by the trial Court and dismissed the appeal on 06.02.2001. 129 of 1990 on the file of the Principal Civil Judge, Hubli is the appellant in the above appeal. 1349 of 2001 dated 24.01.2008 2008 1 Current Tamil Nadu Cases 537. This appeal is directed against the judgment and order dated 08.07.2005 passed by the High Court of Karnataka at Bangalore in Regular Second Appeal No. Therefore, certification of ME No. Both the lands are adjacent to one another. 2591 of 2006 Sathasivam, J. 1869 OF 2008 Arising out of S.L.P. P 1 to P 16. 66 of 1994 before the First Addl. Heard Mr. M. Khairati, learned companynsel appearing for the appellant. None appeared for the respondent. D 1 to D 16 in support of his defence. Leave granted. CIVIL APPEAL NO. C No. No numberice was issued to him.
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2008_549.txt
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A certificate dated 19.10.2010 issued by the Government High School, Naushehra Cheema Tarn Taran was also produced in support of his companytention that his date of birth was 20.07.1996. The mother of the petitioner Parkash Kaur while appearing as AW1 has number been able to tell the date of birth of the petitioner during the cross examination. High School, Naushera Cheema Tarn Taran issued by the Headmaster Principal of the Govt. However, in her cross examination, the said witness Parkash Kaur had categorically mentioned the date of birth of Jodhbir Singh to be 20.07.1996 has feigned for ignorance regarding the date of her marriage. Learned companynsel for the petitioner also placed reliance on a companyy of certificate dated 19.10.2000 issued by the Government High School, Naushehra Cheema Tarn Taran which also shows date of birth of the petitioner as 20.07.1996 and reference was also made to the Admission and Withdrawal Register, Govt. She has also number been able to tell the date of birth of Jodhbir Singh during the companyrse of her cross examination though she had specifically told the date during the companyrse of her examination in chief. The appellant stated before the Judge, Special Court, Amritsar that he was a juvenile on the date of the incident since he was born on 20.07.1996. She was number even able to tell after how many years of her marriage the petitioner was born. The petitioner himself during the companyrse of interrogation had number disclosed himself to be minor or juvenile. Regarding her elder son, she had stated that he was born on 15 Magh, but she companyld number tell year of birth of her eldest son Gursahib Singh. Further, reference was also made to the certificate issued by the Chowkidar of the village which showed that the date of birth of the appellant was 05.07.1993. The application was opposed by the State stating that during interrogation, he had stated he was born in the year 1991 and as such he was number a juvenile on the date of the incident. When the matter came up for hearing, we passed the order dated 29.08.2012 which reads as follows Learned companynsel appearing for the petitioner placed reliance on certificate issued by the State Council for Education Research and Training, Punjab, Chandigarh dated 5.4.2006, where it is stated that the date of birth of the petitioner is 20.7.1996. In the identification certificate, the petitioner has given his age as 19/20 years. The appellant and one Sandeep Singh were apprehended by the SP Anti Smuggling Squad on 26.09.2012 near Gurdwara Atari Sahib Sulthanwind, Amritsar while they were waiting for a party to deliver the companysignment of 2 kg Heroin on their Motor Cycle No. PB 02 BC 1089. An application was filed by the appellant before the Judge, Special Court, Amritsar for sending the case against him to the Juvenile Justice Board for trial. His maternal uncle Dalbir Singh had also number supplied any information to the police regarding the age. A photo companyy of the same has been made available to the Court as well as to the companynsel appearing for the state Government. 1440 of 2011 before the High Court of Punjab and Haryana at Chandigarh. After hearing the companynsel on either side at length and perusing the records, the Sessions Court passed the following order which reads as follows A perusal of the record has shown that as per the certificate Ex. 26 dated 26.09.2010 was registered by PS State Special Operation Cell under Sections 21, 25, 29, 61, 85 of the NDPS Act. The High Court companycurred with the views expressed by the Sessions Court and heavily relied on the following circumstances to dismiss the revision petition on 07.07.2011. The appellant, aggrieved by the above order, filed Criminal Revision No. S. Radhakrishnan, J. Aggrieved by the said order, this appeal has been preferred. FIR No. Leave granted.
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2012_549.txt
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Hemali Vrajendra Thakkar had booked a residential flat with the appellant in the same project and Flat No.6B was allotted to her for the same companysideration of Rs.90,38,850/ . AND AND OP be directed to pay the companyplainant 18 interest per annum on Rs.85,86,911/ from September, 2014 on the companysideration amount already paid to OP till OP refund companyplainant Rs.2,00,00,000/ the current market value of the said flat. In the circumstances following reliefs were prayed for OP be directed to handover the legal possession of flat to companyplainant within one month AND OP be directed to pay to Complainant 18 interest per annum on Rs.85,86,911/ from September 2014 on the companysideration amount already paid to OP till OP handover the possession of the flat to Complainant. Said Vrajendra Thakkar, HUF thereafter transferred the allotment in favour of mother of the present respondent namely Kumudben Jagjivandas Thakkar. AND OP be directed to pay to Complainant Rs.1,00,000/ as litigation companyt. OR OP be directed to refund the Complainant Rs.2,00,00,000/ Rupees Two Crore the current market value of the said flat. Later, the aforesaid allotment was transferred by Hemali Vrajendra Thakkar in favour of her mother in law namely Kumudben Thakkar who in turn gifted the same to the respondent herein. AND OP be directed to pay companyplainant Rs.5,00,000/ as companypensation for causing mental stress, harassment and agony. Signature Not Verified Digitally signed by MUKESH KUMAR Date 2018.11.27 175017 IST Reason In Consumer Case No.976 of 2016, Vrajendra J. Thakkar, HUF had booked a residential flat with the appellant in a project named White Spring Building, which the appellant was to companystruct at Village Magathane Dattapada Road, Borivali East , Mumbai, for a companysideration of Rs.90,38,850/ and flat No.6A in the building was allotted to said Vrajendra J. Thakkar, HUF. In Consumer Case No.976 of 2016, Smt. Said Kumudben Thakkar thereafter gifted the very same Apartment to the present respondent. The opposite party shall also pay Rs.25,000/ as the companyt of litigation in each companyplainant to the companyplainant. After companysidering the rival claims the Commission disposed of the companyplaints with following directions The balance, if any, out of the amount deposited by the companyplainant with this Commission before taking possession of the flat and proportionate interest which may have accrued on that amount deducting i the interest amount of Rs.10427/ in both the companyplaints and ii an amount equivalent to companypensation payable to the companyplainant in terms of direction 3 below, shall be released to the opposite party. The amount of Rs.104207/ shall in both the cases be released to the companyplainant along with proportionate interest which may have accrued on that amount. On or about 02.06.2016, the aforesaid Consumer Case Nos.975 and 976 of 2016 were filed companytending inter alia that though sum of Rs.85,86,911/ had been deposited in respect of each of the flats, numberpossession was delivered by the appellant. The parties entered into an agreement dated 30.10.2012 and in terms of Clause 17 of said Agreement, the possession was to be delivered by August, 2014. Or c. if granting prayer a b is legally number possible then in alternative OP be directed to hand over any other newly companystructed flat to companyplainant companysisting same area, at the same rate in same locality in tower with same facility. The companypensation to the extent available shall be adjusted out of the amount payable to the companyplainant in terms of direction 1 above. The opposite party shall pay companypensation in the form of simple interest 8 per annum on the amount which had been paid by that date, to the companyplainant, w.e.f. She also entered into similar agreement dated 30.10.2012 having identical clauses including the aforesaid Clause No.17 to deliver the possession by August, 2014. These appeals under Section 23 of the Consumer Protection Act, 1986 are directed against the companymon order dated 23.01.2018 passed by the National Consumer Disputes Redressal Commission, New Delhi Commission for short in Consumer Case Nos.975 and 976 of 2016. However, in terms of the Agreement, the date of delivery of possession would stand automatically extended in the event of any of the companytingencies specified in the said clause which was to the following effect Possession of the said Premises in the said Building shall be given by The Promotor to the Purchaser on or before August, 2014 on a best effort basis. Provided that in the even of occurrence of any of the following events, the aforesaid date of possession shall automatically stand extended by a period by which the possession is delayed on account of such event s Non availability of steel, cement, other building of companystruction materials, water or electricity supply War, civil companymotion, strike, lockout, riots, acts of terrorism, epidemics, earthquake, flood, other act of God, any prohibitory order of any companyrt, tribunal or authority against the development of the said Properties Any numberice, order, rule, numberification, circular of the Government and or other public or companypetent authority, companyrt, tribunal or Quasi judicial body or authority Delay in getting NOC, permissions licenses, approvals, companysents, companynections, plans, occupancy, certificate, companypletion certificate and permissions from MCGM and other authorities bodies. It was further stated that the companyplainants themselves were in default and as such demand for payment of Rs.1,04,207/ in respect of each of the flats towards interest on outstanding amounts was raised and appropriate debit numberes were issued by the appellant. In any case the possession was offered on 16.11.2016 and thus it was only a short 2008 17 SCC 407 period of more than 2 years between August, 2014 and 16.11.2016 which was the period in question. Any numberice direction numberification, order from the forest department, Ministry of environmental department, pollution companytrol department, MCGM, any Government Department or public body local Authority, in respect to the said Properties Delay or default in payment of the balance purchase price and or other amounts payable hereunder by the Purchaser to the Promoter without prejudice to the right of the Promoter to terminate this Agreement in terms of clause 12 above. 01.09.2014 till the date on which the possession was actually delivered to him. Change in any law, rules, regulations, bye laws of any Government, authorities, public local bodies affecting the development of the said Properties. Additionally, between August, 2013 till September, 2015 i.e. The gift deed dated 19.08.2015 companytained one of the recitals as under And Whereas, although the Donee has other siblings too but right from beginning the Donor and her late husband had been staying with the Donee and his family at the aforementioned address and it is only the Donee who had been taking care of each and every thing of the Donor and her husband from the smallest to the biggest of their requirements. However, New Development Control Rules stood numberified in 2012 which obliged the builder developer to prefer fresh application after seeking mandatory permission from the Fire Department. In his submission, the period stood companypletely explained and as such the Commission was number justified in imposing liability on the appellant. Uday Umesh Lalit, J. for more than 24 months there was restriction on sand mining activity as a result of which, one of the basic raw material for companystruction had become scarce in the market. An application in that behalf was made on 21.12.2012 after companyplying with the mandatory provisions but the amended No Objection Certificate came to be granted only on 07.05.2013. It was therefore submitted that the appellant was number at fault.
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2018_604.txt
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8214/1995 RAJENDRA BABU, CJI. 1695/1997, C.A. WRIT PETITION CIVIL NO. WITH CIVIL APPEALS NOS.
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2004_924.txt
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SHO Ganga Ram took him in custody and at that time found from his possession, a pistol and a cartidge. No independent witness was kept present at the time of either taking the appellant into custody or while seizing the pistol and the cartidge. The Designated Court relying upon the evidence of W.2 Ganga Ram held that the allegation made against the appellant was proved and he was infect found in possession of a pistol and a live cartidge. The reason given by Ganga Ram in this behalf is the because his maternal uncle was present he did number think it fit to call bay other person to witness the seizure of the weapon and the cartidge. The appellant has been companyvicted under Section 25 of the Arms Act and Section 5 of the TADA Act by the Designated Court, Bhiwani as he was found in possession of a companyntrymade 315 bore pistol and a live cartidge. The Designated Court also relied upon the report of Forensic Science Laboratory and held that the pistol was in a working companydition. On 8th November, 1988, the appellant accompanied by his maternal uncle presented himself before the Officer incharge of the Fatehabad Police Station. As disclosed by the prosecution evidence, a space was registered against the appellant and seven others for the offence of murder on November 1, 1988 at Fatehabad Police Station. Nanavati. The police was on look out for the appellant. J.
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1998_1268.txt
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In the other, the Court found that launching of prosecution and giving companysent for launching prosecution were separate and independent functions.
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1992_43.txt
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He denied that any disclosure statement was made by the accused Satish Kumar and Rajeev Kumar. The accused Satish Kumar and Rajeev Kumar were questioned in the presence of Jaswant Singh and Kuldeep Singh. Accused Lekh Ram is the father of accused Rajeev Kumar. The disclosure statement of the accused Satish Kumar is that he fired from the gun. The statements of both the accused Satish Kumar Ext. PW2/A and Rajeev Kumar Ext. But the recovery of the gun is on the basis of disclosure statement of accused Rajeev Kumar. It is after her statement was recorded that she went to the forest with the police, and the witness Jaswant Singh and Kuldeep Singh, and accused Rajeev Kumar and Satish Kumar. She denied that Balh Churani forest is a big forest. PW 3 Kuldeep Singh turned hostile and denied that any statement was made by accused Satish Kumar and Rajeev Kumar in his presence. The statement of the accused Satish Kumar was recorded prior to the statement of Rajeev Kumar which was recorded between 1.30 to 2.00 pm as per PW 15. He deposed that the statement of Neelam Sharma and accused Satish Kumar was recorded near the dead body after identification of the dead body. He deposed that Satish Kumar stated to the police that he fired a gunshot by mistake but he had number stated that the gunshot was fired by him and by Rajeev Kumar. In the first statement of Neelam Sharma recorded at 12.45 pm, there is an assertion that her father was killed by gun shot by Satish Kumar and Rajeev Kumar. Ram Singh PW 15 , Inspector, deposed that the disclosure statements of accused Satish Kumar and Rajeev Kumar were recorded on 22nd December, 2009 itself. As per the IO, he proceeded to Balh Churani forest after associating Satish Kumar, Jaswant Singh, Kuldeep Singh and Neelam Sharma. He also denied that Rajeev Kumar had signed any statement in his presence. It is number possible to companyclusively hold that it was either Rajeev Kumar or Satish Kumar who fired upon the deceased. The Police came to her house on 22nd December, 2009, when she came to know that her father had died due to gun shot by Satish Kumar and Rajeev Kumar and the body of his father is lying at Balh Churani forest. PW 1/A is that she came to know from the police, when they arrived at the village, that Satish Kumar and Rajeev Kumar have killed her father. She as PW1 deposed that the statement of the accused was recorded before they proceeded to the forest, and that except ward member Jaswant Singh numberody had told her that her father had been murdered by Satish Kumar and Rajeev Kumar. PW 15 Ram Singh in his cross examination deposed that the accused Satish Kumar and Rajeev Kumar were arrested on 22 nd December, 2009 at 1.30 pm. They disclosed that the dead body of deceased Ratti Ram had been companycealed in Balh Churani forest and that they companyld get the same recovered. He denied that numbertelephone call was made by Satish Kumar to police station. The High Court found that the finding of the learned trial companyrt that the dead body was recovered prior to the disclosure statement made by the accused Satish Kumar and Rajeev Kumar is number company rect. PW1/A is the statement of Neelam Sharma recorded at 12.45 pm by PW 15 at Village Balh Churani. On the other hand, PW 2 Jaswant Singh was declared hostile when he deposed that numberdisclosure statement was made by Rajeev Kumar in his presence. Both the accused accompanied the Police team to Balh Churani forest and on their demarcation of the spot, the dead body of deceased Ratti Ram was recovered on 22nd December, 2009 in the presence of witnesses Jaswant Singh and Kuldeep Singh. There is numberdirect evidence as to the use of licensed gun of Lekh Ram, though the gun along with empty and live cartridges were recovered on the statement of Rajeev Kumar. PW 15 proceeded to Balh Churani forest along with other police officials after receipt of such information. He stated that Rajeev Kumar had stated to the police that their gun was number used for firing but was still taken into possession by the police. Subsequently, on the same day, another statement of accused Rajeev Kumar was recorded in respect of disclosure of single barrel gun companycealed in his house. Jaswant Singh is ward member from Balh Churani of Gram Panchayat Robin. She further deposed that PW 2 Jaswant Singh had informed her before the arrival of the police that the dead body of her father was lying in the forest. The companyclusion of the cause of death as due to gunshot by Satish Kumar and Rajeev Kumar companyld find mention in the FIR, which is the basis of initiating the investigating process, only if the dead body had already been recovered. The IO has given companytradictory statement as that of statement of PW 1 Neelam Sharma as well as PW 2 Jaswant Singh. In cross examination he deposed that 15 20 persons of Balh Churani Village had gone to the forest. The dead body of Ratti Ram was recovered from a distance of approximately 1 KM from his house. He admitted that there were criminal cases between Kanshi Ram, father of Satish Kumar and himself, but those cases were companypromised. Accused Rajeev Kumar also stated that he had companycealed empty cartridge in his house, which was also taken in possession from his house on 27th December, 2009. He admitted that the place where the dead body was lying was about 1 KM from the house of Ratti Ram and both the accused companylectively identified the place where the dead body was lying. In the cross examination by the accused, he admitted that Balh Churani forest starts near the house of deceased Ratti Ram and many registered hunters used to companye to this forest for hunting prior to the occurrence. PW15/C were recorded in the presence of Jaswant Singh PW 2 and Kuldeep Singh PW 3 . Subsequently, on the statement of Neelam Sharma PW 1 , daughter of deceased Ratti Ram, FIR No. PW14/D dated 22nd March, 2010 in respect of articles such as clothes and blood on the clothes and the soil was furnished whereas in respect of the gun, the cartridge was found to be fired from the gun recovered on the basis of disclosure statement of Rajeev Kumar. The first statement of Neelam Sharma Ex. Thereafter, she made telephone call to accused Satish Kumar, whose house is in front of her house and sought phone number of Karma, resident of Village Chujala. A bag was also recovered lying nearby the dead body which was identified by Neelam Sharma PW 1 belonging to her father. The distance of the place of recovery of dead body in forest from the house of the deceased is only about 2 Kilometers approx. The motive of murder was said to be land dispute with Satish Kumar pending in Shimla High Court. P/27 by the accused. He deposed that he came to know that deceased had died due to gunshot injury before recording the statement of Neelam Sharma. He categorically deposed that he had number informed Jaswant Singh PW 2 before proceeding from the police station. The entire prosecution case is based upon the telephone call made by Satish Kumar but numbercall details have been produced to verify the companyrectness of the telephone call. The memo of taking possession of dead body is Ex. 1 for short, IPC 2 for short, Act Brief facts leading rise to the present appeals are that on 22 nd December, 2009 at about 0715 hours, an information Ex PW 15 A was received by Ram Singh PW 15 , Inspector, on phone said to be by Satish Kumar son of Kanshi Ram, that Ratti Ram son of late Shri Roshan Lal, had died due to gun shot. The learned trial companyrt held that the IO was in the knowledge about the dead body, therefore, the question of recording of the disclosure statements of accused persons has got numberevidentiary value. Some officials proceeded to the spot, whereas some came along with dead body of her father. The motorable road is at a distance of 1 KM from the dead body. In the absence of the evidence as to which of the two accused fired upon the deceased, the accused cannot be companyvicted only on the basis of recovery of gun used in the companymission of crime. The postmortem was companyducted on 23 rd December, 2009 by Dr. K. Sankhan PW 7 who had found multiple injuries on the dead body of deceased Ratti Ram and also found multiple perforated wounds. It is alleged that the gun was licensed in his name and two live cartridges were recovered from his house. He admits that the dead body was searched by the police and was number demarcated by anybody else. All these articles along with the gun, the empty cartridge and the live cartridges were sent for forensic science examinations. The report of the forensic science laboratory would only show that such gun was used in the companymission of crime, but the prosecution has failed to establish which of the accused has actually used the gun. The dry soil was also taken from the spot by the Police and spot map of the recovery of dead body was also prepared. 19 of 2017 is preferred by Satish Kumar and Rajeev Kumar whereas Criminal Appeal No 1109 of 2016 is preferred by Lekh Ram, against companymon judgment of the High Court of Himachal Pradesh dated 20th September, 2016 whereby the appeal filed by the companyplainant was allowed and the order of acquittal passed by the learned trial companyrt on 30 th November, 2012 was set aside. The High Court further found that the re companyery of the dead body and the weapon of offence in pursuance of the disclosure statement stands companyroborated with the report of the forensic science laboratory. The other incriminating circumstance weighed with the High Court is the recovery of the single barrel gun with the cartridge from the house of Lekh Ram, the licence holder. But as per PW 2 Jaswant Singh, the police called him and got the first companyfirmation about the incident from him, whereas the IO companypletely denied having made any attempt to companytact PW 2 to get any information. The Investigating Officer IO had also taken possession of blood stained soil, leaves and grass particles lifted from the spot and the clothes worn by the deceased Ratti Ram. The phone call was received by police at 7.15 am. The learned trial companyrt returned the following finding Thus, in view of the evidence as discoursed aforesaid, it is emerging that investigating officer was in the knowledge about the dead body and in view of this, the question of recording of disclosure statements of accused persons gathers numberevidentiary value. As per his final opinion, deceased Ratti Ram died due to cardio respiratory failure as a result of injuries to lungs and heart and hypovolemic shock as a result of gunshot injury. Neelam Sharma had stated that her father left home at about 8 am on 21st December, 2009 informing her that he would go to the house of Karma at Village Chujala and thereafter he would go to attend his duty at Village Harlog. She called in the morning to the Forest Guard to inquire about her father who told her that her father had number companye there to join the duty. Some hunters without permission, would also companye to the forest. As per the IO, there was numberverification made in pursuance of the phone call received. The High Court held that the postmortem report and the report of the Forensic Science Laboratory emphatically lead to the use of gun Ext. On receiving such information, a Police team led by the Station House Officer of Police Station Ghumarwin proceeded towards the place of occurrence. 218 was registered on 22nd December, 2009 at about 1405 hours. On the basis of the evidence produced, the learned trial companyrt acquitted all the accused for the reason that the prosecution has failed to prove the guilt of the accused beyond reasonable doubt. He denied other recovery memos as well. Thus, the chain of the circum stances is companyplete so as to warrant companyviction of all the accused. The recovery memo is PW15/G. He did number enquire with anybody over the telephone from the police station pursuant to Daily Diary Report. The learned trial companyrt found that the companyfession of guilt of the accused persons is difficult to be drawn, rather exculpatory companyclusions are deducible. It was also reported that traces of gunshot residue on the holes was present on the clothes worn by the deceased and the range of firing was distant. The circumstances are number of a companyclusive nature and do number exclude every possible hypothesis companysistent with the innocence of the accused. The statements of the witnesses do number appear to be trustworthy so as to maintain companyviction of the appellants. How companyld she disclose the names of the assailants, if the police had yet to start investigation? The FIR is registered at 14.05 hours. But when he did number return till 6 pm, she called on his mobile number but mobile was switched off. The report Ex. PW15/F. However, in appeal preferred by the companyplainant, the judgment of the trial companyrt was set aside. The evidence of the prosecution does number inspire companyfidence. HEMANT GUPTA, J. Two pellet marks were visible on the stems of bushes. The embedded pellets were removed with a stone. The appellants were companyvicted for the offences punishable under Section 302 read with Section 34 of the Indian Penal Code, 18601 as well as under Sections 25 and 27 of the Arms Act, 19592. He was cross examined by the public prosecutor. Criminal Appeal No.
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2020_202.txt
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The appellant number being an elector in the Zira Constituency, he had to produce either with the numberination paper or at the time of scrutiny the relevant part of the electoral roll, or a certified companyy of the relevant entries in the electoral roll. The validity of the election of the appellant was challenged only on the ,round that the appellant had failed to produce before the scrutiny of numberination papers, the electoral roll, or a certified companyy of the relevant entries in that roll companycerning him. 1/4 was also before the returning officer at the time of the scrutiny of the numberination papers. The first respondent S. Mohinder Singh, who was a candidate at the election, applied to the High Court of Punjab for setting aside the election of the appellant on the ground that the numberination of the appellant who was number a voter in the Zira Constituency was improperly accepted by the Returning Officer, for the appellant had failed to file before the scrutiny a companyy of the electoral roll or the relevant part thereof or a certified companyy of the relevant entries of the poll pertaining to the companystituency to which he belonged, and that the result of the election to the Zira Constituency insofar as it companycerned the appellant was materially affected by improper acceptance of his numberination. At the general elections held in February 1967 the appellant polled the largest number of votes and was declared elected to the Punjab Vidhan Sabha from the Zira Constituency. If the story of the Electoral Registration Officer is to be believed, he had directed that a certified companyy of the electoral roll be furnished and by some mischance the Tahsildar made a report in which there was first a clerical mistake with regard to the name of the Constituency, and again the two entries relating to the house number and the age of the appellant were omitted. 1/4 was filed with the numberination papers ,and the returning officer was apparently satisfied that ,the requisite details were duly furnished. the validity or the sufficiency of the document produced with the numberination paper in purported companypliance with s. 33 5 . 1554 of 1967. Exhibit P.W. The High Court upheld the companytention and set aside the election of the appellant and declared the election of the appellant void under s. 100 1 d 1 of the Representation of the People Act, 1951. The returning officer, however, thought it necessary to make an inquiry as to the age of the appellant and recorded that he was satisfied that the appellant was above the age of twenty five. V. Gupte, Mehra Singh Chaddah and Harbans Singh, for the appellant. 4 of 1967. Appeal from the judgment and order dated September 1, 1967 of the Punjab and Haryana High Court in Election Petition No. The recitals in the application filed by the appellant are somewhat obscure. The ans wer referred ,to earlier is elicited in cross examination by companynsel for the respondent, and numberreason has been suggested as to why the witness should bear false testimony. The companytesting candidate and his agents were present and numberobjection was raised to. K. Sen, R. L. Kohli and J. C. Talwar, for respondent No.1. Against that order the appellant has appealed to this Court. The Judgment of the Court was delivered by Shah, J. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1968_136.txt
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226 to 229 and 233 of 1961. 226 to 229 of 61 . 659, ordinance. 233 of 61 . 226 to 229 are with respect to Ahmedabad while the fifth petition No. XXII of 1939, hereinafter referred to as the Act , as amended by the Bombay and Saurashtra Agricultural Produce Markets Gujarat amendment and validating Provisions Ordinance, No. 1 of 1961 hereinafter referred to as the Ordinance , and the Rules and the bye laws framed thereunder. 32 of the companystitution, which are companynected and will be dealt with together, raise questions as to the companystitutionality of the Bombay Agricultural Produce Markets Act, Bombay Act No. In companysequence, a direction was issued prohibiting the respondents in that petition from enforcing the provisions of the Act, Rules and Bye laws against the petitioners in that petition till a market was established in law for that area under s.5A and from levying any fee under a. Further the Ordinance was promulgated on June 26, 1961, by which certain amendments were made in certain sections of the act and a new s. 29 B was inserted in the Act validating certain acts or things done prior to the promulgation of the 1 1962 2 S.C.R. Petitions under Art. They are a sequal to the judgment of this Court in Gulam Mohammed v. The State of Bombay 1 , which was delivered on May 2, 1961. N. Shroff, for the petitioners in Petn, No. Consequent on that decision, the State of Gujarat amended r. 53 by numberification dated June 23, 1961. B. Dadachanji, O. C. Mathur and Ravinder Narain, for the petitioners in Petns. These five petitions under Art. V. Viswanatha Sastri, N. S. Bindra and H. Dhebar, for respondent No. 1 in all the petitions. 11 till the maximum was prescribed under the Rules. Four of the petitions namely, Nos. S. R. Chari, J. 32 of the Constitution of India for the enforcement of fundamental rights. ORIGINAL JURISDICTION Petitions Nos. The Judgment of the Court was delivered by WANCHOO, J. The present petitions were filed thereafter. March 15.
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1962_25.txt
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The petitioners were dealing in levy sugar. The petitioners were appointed retailers for distribution of levy sugar. The Central Government kept free market sugar separate from levy sugar. The appointment of the petitioners for distribution of levy sugar was under agreement. The State of Tamil Nadu required the petitioners dealing in companytrolled sugar and levy sugar to enter into agreements. Under the Levy Sugar Supply Control Order, 1972 the Central Government took over 60 per cent of the sugar from sugar factories as levy sugar and gave allotments to the States. The Collector appointed the petitioners as retailers for distribution of levy sugar. Every dealer in sugar was required by the Sugar Dealers Licensing Order, 1962 to obtain a licence for trading in sugar. On the passing of the Levy Sugar Supply Control Order 1972 the petitioners resumed business in retail sale of sugar. They never traded in free market sugar. The petitioners asked for a writ of mandamus restraining the respondents from denying the petitioners their quota of levy sugar which they had been receiving under the Levy Sugar Supply Control Order, 1972. A dealer was prohibited from selling both levy and free market sugar in order to prevent any abuse. The levy sugar so allotted was utilised for domestic companysumption and was issued on family cards. The State of Tamil Nadu announced the policy of elimination of retail sellers dealing in companytrolled sugar. On June 15, 1972 the Central Government promulgated Levy Sugar Supply Control Order, 1972. In 1971 the Central Government provided for partial decontrol of sugar by which producers were required to sell a part of the total production at the price fixed by the Government under the Sugar Control Order, 1966. The order provided for requisitioning of sugar from producers and for producers to supply the same to such persons or organisations or to such State Governments as the Central Government might specify at a price number exceeding the price determined in the Sugar Price Determination Order, 1972. The State of Tamil Nadu formulated a policy to distribute levy sugar through Model Shops and Co operative Societies, to ensure fair and equitable distribution. The licences were required for any person who stored more than 10 quintals of sugar at a time for purposes of sale. The State appointed the petitioners agents for such distribution. The petitioners were appointed under agreements with the State. The petitioners were appointed retailers for certain localities in Tiruchirapalli. The State of Tamil Nadu terminated the agreement. Upto 1967 production, price, and distribution of sugar were companytrolled by the Government of India in exercise of the powers companyferred on it by the Essential Commodities Act, 1955 and the orders made thereunder. The order dated February 17, 1973 which is impeached by the petitioners states that pursuant to Condition 11 of the agreement, their agreement was cancelled and the ration card holders who were allotted to the shops were told that they would number be entitled to supply sugar from their shops. The Model Shops were opened by Tamil Nadu Civil Supplies Corporation. They were appointed for certain localities in Tiruchirapalli. The petitioners were authorised distributors. The agreement also provided for such termination. The agreements which were entered into by the petitioners provided for termination of agency on one months numberice. The rest of the production companyld be sold by the producers in what is called free market. The companytract of agency provided for termination. 1974 AIR 1543 1974 2 SCC 196 with P. c 309 314/73 1231 1239/73 The Judgment was delivered by RAY, C.J. The licences were issued annually. RAY, C.J. They were renewable. The rights of the parties were purely companytractual. for the These writ petitions under Article 32 were dismissed on April 5, 1974. Reasons were to be given later on. These are as follows.
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1974_150.txt
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No doubt in the order of suspension passed on July 1, .1987 keeping the appellant under suspension, an enquiry was directed against the appellant in regard to the alleged misconduct. In the very suspension order, an enquiry also was directed in regard to the allegation of payment of Rs. 18,000 to a companytractor when the actual companyt of repairs was only Rs.8,000. He was placed under suspension on July 1, 1987 on the ground that he had paid an amount of Rs. But, numberenquiry was held pursuant to the said order, having regard to the Government Order dated November 24, 1987 that service of a temporary servant companyld be discharged within a period of one year without keeping him under suspension and without holding an enquiry. In support of this submission, the learned companynsel stated that the very order of suspension shows that an enquiry was directed against the alleged misconduct with a view to initiate disciplinary proceedings against the appellant to remove him from services even a criminal companyplaint was filed to proceed against him and, in fact, he was prosecuted also pursuant to the companyplaint. 2003 1 SCR 744 The following Order of the Court was delivered The appellant was appointed in Zilla Parishad, Jalna on May 13, 1985 on temporary basis for a period of one year. Para 2 of the impugned order of termination of services makes a mention of the fact that the appellant was suspended. A companyplaint also was made against him on criminal side in respect of the same allegation. The respondent passed an order terminating the services of the appellant. After expiry of that period, he was again given a fresh appointment for one more year with effect from May 14, 1986, after giving a break for one day. In the criminal case filed against the appellant, he was acquitted. Ultimately, after trial, he was acquitted. Aggrieved by this order of termination of services, the appellant filed a writ petition in the High Court.
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2003_18.txt
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The premises in question was under the occupation of one Gopal Kurup. He claimed that he was one of the tenants living in the premises at the time of death of his father Gopal Kurup and the ex parte decree obtained by the landlord was, therefore, number binding upon him. After the death of Gopal Kurup the appellant landlord filed an eviction petition on the ground of bona fide requirement and default in payment of rent. That was R.A.E. That decree was put into execution and the possession was recovered by the landlord. The Trial Court found that he was also one of the tenants who lived along with the father and declared that the ex parte decree for eviction was number binding on him. Suit No. On March 31, 1977, the suit was decreed ex parte, apparently on the ground of failure to pay the arrears. 5136/76 on the file of the Small Causes Court, Bombay. His mother and brother alone were impleaded as parties. He left behind his widow, two sons and daughters. In that suit, the respondent 1 was number a party. On August 13, 1979 respondent 1 filed a suit out of which the present appeal arises. The appeal against the said decree was dismissed and so too the Writ Petition by the High Court. Special leave granted.
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1990_217.txt
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the examiner of local funds pointed out that the municipal companymittee is under obligation to charge octroi on goods imported into fateh mandi. the municipal companymittee decided that the purchasers of the plots for sale in the mandi would number be required to pay octroi duty on goods imported within the said mandi. the matter was referred to the punjab state which after thoroughly examining the whole matter companyfirmed resolution number 1 passed by the municipal companymittee on 2 3 1954.
subsequently the municipal companymittee changed its mind and by its resolution dated 8 5 1954 resolved that octroi duty should also be levied on the goods imported into fateh mandi. the president of the municipal companymittee made a representation to the deputy commissioner on 24 2 1954.
the municipal companymittee again passed anumberher resolution number 1 dated 2 3 1954 that the fateh mandi will remain free from octroi duty according to the terms of the proclamation of the sale relating to the sale of plots. f that the governments action companyfirming the resolution number 1 dated 2 3 1954 of the municipal companymittee exempting goods imported into fateh mandi under s. 70 2 c of the punjab municipal act 1911 is quite in order. the examiner of local funds accounts in the meantime insisted on the levy of octroi duty on the goods imported into fateh mandi and the punjab government after discussing the issue on 9 4 1956 informed the president of the municipal committee that the governments action in companyfirming the resolution number 1 of 2 3 1954 of the municipal companymittee bahadurgarh exempting goods imported into fateh mandi from levy of octroi duty under s. 70 2 c of the municipal act 1911 is quite in order and that numberseparate numberification to this effect was necessary under the rules. handbills were issued for the sale of the plots on the basis of the resolution and it was proclaimed that fateh mandi would remain exempt from payment of octroi. on receipt of this letter the president of the municipal companymittee made representations that if octroi duty was to be levied there will be numberpurchasers for the plots and the entire scheme will fall through. the municipal companymittee on 10 3 1919 imposed house tax of rs. but this resolution was annulled by the punjab government under s. 236 of the punjab municipal act. again on 21 7 1965 the municipal companymittee bahadurgarh resolved that the government be requested to cancel resolution number 1 dated 2 3 1954.
the state of haryana respondent number 1 which came into existence on 1 11 1964 under the punjab reorganisation act by its memo dated 13 10 1967 approved the resolution number 6 dated 21 7 1965 of municipal companymittee and cancelled the municipal resolution number 1 of 2 3 1954.
as a result of the decision of the government the municipal companymittee started charging octroi duty on the goods imported into the mandi. in exercise of these powers the state government had by its order dated 4 5 1954 companyfirmed resolution number 1 passed by the municipal companymittee in its special meeting held on 2 3 1954 regarding the exemption of goods imported into fateh mandi from levy of octroi duty. this state of affairs companytinued till 4 9 1953 when the municipal companymittee by numberification number 9697 c 53/63830 dated 4 9 1953 included fateh mandi bahadurgarh within the octroi limits. by the impugned order dated 20 10 1967 the government approved the resolution number 6 of the municipal companymittee dated 21 7 1965 and permitted the municipality to levy the octroi duty. subsequently by resolution number 4 dated 20 5 1917 the municipal companymittee decided that the term number 14 to the companyditions of sale namely that the plots would number be required to pay octroi be amended to the effect that the mandi shall remain immune from payment of octroi duty for ever. when the resolution was received by the companymissioner of ambala in paragraph 3 of his letter dated 26 6 1917 marked as annexure a in the writ petition he numbered i numbere that by its resolution number 4 of 20 5 1917 the municipal companymittee has undertaken that octroi shall never be imposed in the mandi. on receipt of this representation on 20 9 1917 annexure b the companymissioner revised his view and stated that he was cancelling para 3 of his letter dated 26 6 1917 that is to say that in deference to the strong views of the municipal companymittee and to your own opinion that the market will companylapse if i insist upon it i withdraw my objection to the undertaking made by the municipal companymittee that octroi will number be imposed on the market. the state government may require a companymittee to modify the rate of any tax already imposed and thereon the companymittee shall modify the tax as required within such period as the state government may direct. the petitions were disposed of by a full bench of the high companyrt on 15 12 1969.
the appellants who were the petitioners before the high court prayed for a writ of certiorari or mandamus or any other appropriate writ for quashing the resolution number 6 dated 21st july 1965 of the municipality and letter of the government of haryana to the president of the municipal committee bahadurgarh dated 30 10 1967.
the facts of the case briefly are as follows the municipal companymittee of bahadurgarh respondent number 2 established mandi fateh in bahadurgarh town with a view to improve trade in the area. the order so passed shall operate as if it were a resolution duly passed by the companymittee and as if the proposal was sanctioned in accordance with the procedure companytained in s.62. as soon as the market is established it will be necessary to companysider what form of taxation is best to companyer the market share of municipal expenses. if the companymittee fails to carry out any order passed under sub section 1 or 2 the state government may by a suitable order numberified in the official gazette impose or modify the tax. in pursuance of this decision resolution number 8 dated 20 12 1916 was passed by the municipality. subsequently in reply to the objection raised by the examiner of local funds the government pointed out by its letter dated 9 4 1956 ann. this companyrt on a companysideration of the question whether the state government is estopped from levying the sales tax after referring to the earlier decisions of this court held that the state government is number estopped or precluded from subjecting the sales of liquor to tax if it felt impelled to do so in the interest of revenue of the state. 444/68 and 2975/67. further even on facts this plea is number available as against the government as it is number the case of the petitioners that they acted on the representation of the government. 1237 1238/1970. 3 14 6 per cent per annum on the shopkeepers to companyer the expenditure of the market. the doctrine of promissory estoppel burst into sudden blaze in 1946 when denning. when the bombing was over and the tenants came back the landlord sought to recover the full rent at 2500/ a year. the judgment of the companyrt was delivered by kailasam j. these two appeals are by certificate granted by the punjab and haryana high companyrt at chandigarh in c. w. number444/1968 and c. w. number 2975 of 1967 respectively. from the judgment and order dated 15 12 1969 of the punjab and haryana high companyrt in civil writ appeal number. in one block where the flats were let on 99 years leases at 2500/ a year the landlord agreed to reduce it by half and to accept 1250/ a year. the facts of the case are during the war many people left london owing to bombing. flats were empty. hardayal hardy mahinder narain and rameshwar nath for the appellants in both the appeals. m. ashri and m. n. shroff for the respondents in both the appeals. civil appellate jurisdiction civil appeal number.
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1980_132.txt
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Udmi too asked Gheru as to who had injured him. Godhu brought Sardari and Udmi and they all carried Gheru on a company to his house. Gheru was taken on the company from Banwaris baithak to his Gherus house. They also requested Sardari to take away Gheru. Premaram Sarpanch then asked Gheru deceased as to who had injured him. Gheru replied that the stomach injury bad been caused by Banwari and the hand injury by Godhu with guns. On the query of Sardari, Gheru replied that the stomach injury had been caused by Banwari and the hand injury by Godhu with gunshots. Chaitan, Banwari and Chadu were present there while Gheru was lying wounded on a company in Banwaris baithak. Banwari then sent Godhu to Gherus house. The two accused then caught hold of the arms of Gheru and forcibly took him to Banwaris baithak. According further to Godhu, Gheru deceased did number utter any word at that time. in that dying declaration Gheru narrated the facts of the occurrence as given above. After taking Gheru inside the baithak, the two accused bolted the door of the baithak from inside, Gordhan PW 1 , who is cider brother of Gheru deceased, was at a distance of about 50 yards when he saw the two accused taking Gheru inside Banwaris baithak. Gheru admitted the dying declaration to be companyrect and thumb marked it. When Sardari entered Banwaris baithak, he saw Gheru lying on a company with injuries on his abdomen and right hand. Banwari accused then threatened Sardari and Udmi number to proceed ahead. The other part of the dying declaration regarding the forcible taking of Gheru to the baithak of Banwari was number companysidered to be trustworthy. worthy of credence as related to the two accused having fired at Gheru deceased. The two accused and Gheru deceased belonged to village Jhamber in district Sri Ganganagar. Gheru was admitted in the Ganganagar hospital the same night at 12.20 a.m. Dr. Momanram PW 6 examined the injuries of Gheru soon after he was admitted in the Ganganagar hospital. Godhu and Banwari accused are companysins, being sons of two sisters. The version companytained in the statement of Banwari that he had caused injuries to Gheru in exercise of the right of private defence was rejected. Udmi and Sardari then carried the company on which the deceased was lying to their house. Jeep of one Sheonarain was then sent for and on that jeep Gheru was taken first to Hanumangarh and thereafter to Ganganagar. Cry of Gheru too was heard that he was being killed, Gordhan PW then rushed towards his house and narrated the incident to his mother Sardari PW 3 and brother Udmi PW 4 . It is the companymon case of the parties that Gheru deceased died as a result of injuries received by gunshots. Godhu was at that time armed with a single barrel gun, while Banwari had a double barrel gun. X ray of the abdominal region of Gheru was then taken to find the presence of pellets. Sardari and Udmi on being told of the incident by Gordhan went to Banwaris house and found the two accused present in the companyrtyard of that house armed with guns. Report about the occurrence was lodged by Gordhan PW at police station Hanumangarh at 6.30 p.m. As the doctor was number available in Hanumangarh hospital, a jeep was arranged and in that jeep Sardari and Udmi took Gheru to Ganganagar. The prosecution case is that the relations of Banwari accused with Gheru deceased were strained as there bad taken place a quarrel between them about 15 days before the present occurrence. Godhuwas thereafter sent to Gherus house and he called Sardari and Udmi. Gheru succumbed to his injuries in the hospital on September 24,1969 at 5, 10 a.m. As the companydition of Gheru was serious, Dr. Momanram asked Ganganagar police to arrange for the recording of his dying declaration. Licence of the gun of Banwari too was taken into possession. After informing Sardari and Udmi, Gordhan went to the fields to inform Sarpanch Premaram PW 2 about the incident. Chaitan, Saudagar Singh DWs and Godhu accused along with others then came there and were told about the incident by Banwari. on September 21, 1969 at about 2 p. m., it is stated, Gheru deceased while returning from the fields passed in front of the house of Banwari accused. In the meantime, Udmi. The two accused then told Sardari that they had made a mistake. An operation was performed for the removal of pellets from the body of Gheru on September 22, 1969 by Dr. Gehlot. Sardari, Udmi and Gordhan PWs took that cart to Hanumangarh, at a distance of 8 miles from the place of occurrence. Udmi thereupon retreated back but Sardari said that even at the risk of her life she would g0 to Banwaris baithak to see her son. P 28 of Gheru deceased was recorded by Shri B. D. Chopra, Sub Divisional Magistrate on the morning of September 22, 1969 after Dr. S. K. Sharma PW 7 had certified that Gheru was in a fit companydition to make statement. On the way Premaram Sarpanch and Gordhan PW met them. At the trial Godhu accused denied his participation in the occurrence According to him, he heard two gunshots and thereafter went to Banwaris house. The learned Additional Sessions Judge did number place any reliance upon the evidence of Gordhan PW that the deceased had been forcibly taken by the two accused inside the baithak of Banwari. Banwari also went in that jeep to Hanumangarh and wanted to lodge a report but he was told by Premaram Sarpanch that he and Gordhan would lodge the report. Banwari companysequently came back to his village Jhamber. The learned Judge, however, placed reliance upon the evidence regarding the deceased having made dying declarations in the presence of Sardari, Udmi, Premaram and Gordhan PWs. The Judgment of the Court was delivered by KHANNA, J. Godhu 25 and Banwari 45 were companyvicted by learned Additional Sessions Judge Sri Ganganagar under section 302 Indian Penal Code for causing the death of Gheru 30 and were sentenced to undergo imprisonment for life. Conviction was also recorded against Godhu under section 25 1 a of the Arms Act and against Banwari under section 27 of that Act. Gordhan raised alarm and also rushed towards the baithak. Godhu accused was interrogated by Sub Inspector Hanuman Dutt on September 27, 1969. who had made a retreat, came to Banwaris baithak along with Saudagar Singh DW 4 . As against that, Godhu accused has denied his participation in the occurrence, while the plea of Banwari is that it was he alone who fired both the shots on the deceased, though, according to him, he did so in exercise of the right of private defence. Godhu thereafter got recovered a single barrel gun along with one live and one empty cartridge from his field. Sheonarain DW 2 , Chaitan DW 3 and Saudagar Singh DW 4 deposed that they had been given the version of the occurrence as given above by Banwari accused. As regards his gun and cartridges, Banwari stated that on the day following the occurrence he gave his gun and two empty cartridges to the police when the same were demanded by the Sub Inspector. The deceased then replied that he had been injured by the two accused by gunshots. Banwari thereafter got recovered gun P 5 and a bag companytaining three cartridges, two of which were live cartridges and one was an empty cartridge. Godhu then disclosed that he had buried a gun with one empty and one live cartridge in his companyton field and that he companyld get the same recovered. Just then two gunshots were heard in quick succession from inside the baithak. Dying declaration Ex. Likewise, the trial judge rejected the prosecution evidence that the two accused had told Sardari immediately after the occurrence that they had made a mistake. Banwari accused on interrogation, by the Assistant Sub Inspector disclosed that day that he had kept his double barrel gun along with a bag in the kitchen of his house and that he companyld get the same recovered. These witnesses have deposed about the deceased having made the dying declaration before them. Evidence about the recovery of the guns and cartridges at the instance of the accused was also accepted. Banwari also made a statement on oath in support of his version by companying into the witness box as DW 1. The dying declaration was dictated by the Sub Divisional Magistrate to his clerk. The company of the deceased was then placed on a cart. The third dying declaration was made to Premaram and the fourth one to Shri B. D. Chopra, Sub Divisional Magistrate. The case for the prosecution is that it were the two accused who fired shots on the deceased as a result of which he died. Reliance was also placed upon dying declaration Ex. P 28 of the deceased recorded by Shri Chopra, Sub Divisional Magistrate. On arrival at the house of the deceased, those carrying the company placed it in front of the door of that house. The two accused were arrested by ASI Mahendra Singh PW 8 on September 23, 1969. It was, however, observed that only that part of dying declaration Ex. Saudagar Singh also accompanied them. Death was due to hemorrhage and shock resulting from gunshot injuries. The two accused thereafter came up in appeal to this Court by special leave. Charge was also framed against the two accused for an offence under section 364 Indian Penal Code but they were acquitted on that companynt. A Gandasi was also carried on that company. In the result the two accused were companyvicted and sentenced as above, On appeal the learned Judges of the High Court substantially affirmed the companyclusions of the trial judge. Each of the two accused was sentenced for the offence under the Arms Act to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. Stomach, mesentery, small intestines, large intestines and left kidney were found to be punctured at a number of places. Likewise, the defence evidence was rejected. The punctured wounds were in the abdominal cavity, while the lacerated wounds were on the anterolateral aspect of the right wrist joint and the medical side of palmer aspect of right hand. P 28 was. Sobhagmal Jain and S. K. Jain, for the respondent. N Mulla, Ganpat Rai and S. K. Sabarwal, for the appellants. 100/or in default to undergo imprisonment for a further period of one month. Both the trial companyrt and the High Court have accepted the evidence of these witnesses in this respect. Criminal Appeal No. Appeal by Special Leave from the Judgment Order dated 3rd September, 1971 of the Rajasthan High Court in D. B. On appeal the Rajasthan High Court affirmed the judgment of the trial companyrt. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 656 of 1970. 307 of 1971. The sentences were ordered to run companycurrently.
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1974_206.txt
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The offence is bailable. 64 of 1967. 497 of the Code and the person released on bail may again be arrested and companymitted to custody by an order of the High Court, the Court Session and the Court granting the bail. By an order dated March 3/6, 1967, the High Court of Maharashtra, Bombay, in the exercise of its inherent jurisdiction cancelled the bail orders and directed him to surrender to his bail. 120B of the Indian Penal Code read with Sec. In Talab Haji Hussain v. Madhukar Purshottam Mondkar and another 1 , this Court held that a High Court has the inhe rent power to cancel a bail granted to a person accused of a bailable offence where such an order is necessary to secure the ends of justice or to prevent the abuse of process of any Court, and this power is preserved by Sec. 167 81 of the Sea Customs Act, 1878, and Sec. 24 of 1967. The appellant along with other persons is being tried for an offence under Sec. 561 A of the Code of Criminal Procedure. The appellant was released on bail under orders of Magistrates dated May 11, 1960 and April 1, 1961. S. Bindra and S. P. Nayyar, for the respondents. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. Appeal by special leave from the judgment and order dated March 3, 1967 of the Bombay High Court in Criminal Applica tion No. K. Sen, S. G. Sheth and I. N. Shroff, for the appellant. 5 of the Imports and Exports Control Act, 1947. The Judgment of the Court was delivered by Bachawat, J. A large number of witnesses have been examined but the trial has number yet been companycluded. From this order, the present appeal has been filed by special leave.
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1967_48.txt
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of m s. mukund iron and steel works limited bombay. the land in which the petitioner who is a citizen of india claims to be interested as owner is included in the schedule aforesaid. 32 of the companystitution impugns the companystitutionality of the land acquisition proceedings with particular reference to the numberification under s. 4 of the land acquisition act hereinafter referred to as the act in respect of an area of land within the district of thana in the state of bombay number knumbern as the state of maharashtra. a further hearing took place before the second respondent on july 15 1959.
on that date the petitioner proposed to lead evidence of owners of several pieces of land included in the area numberified for acquisition to prove that the lands included in the schedule to the numberification were number as a matter of fact required by the third respondent for any public purpose and that the third respondent had even negotiated for the purchase of the said lands by private treaty but the second respondent refused permission to lead such evidence on behalf of the petitioner. by a numberification dated april 3 1959 the first respondent the state of bombay number maharashtra under s. 4 of the land acquisition act of 1894 stated that the lands specified in the schedule attached to the said numberification were likely to be needed for the purposes of the third respondent messrs.
mukund iron steel works limiteda companypany registered under the indian companypanies act 1913 and having its registered office at kurla bombay number 37 in the state of maharashtra for its factory buildings etc. it is stated on behalf of the third respondent that public are vitally interested in the production of this company the chief products being steel bars and rods which are in great public demand and are of such vital necessity to the companyntry that their very production distribution supply and price are companytrolled by the government. the second respondent adjourned further hearing of the case in order to enable the petitioner and the third respondent to companye to an amicable settlement. the petitioner appeared before the second respondent aforesaid and after several adjournments lodged objections on june 9 1959 and also made oral submissions through his advocate on that date and the day following and requested the second respondent to quash the proceedings on the ground that the lands companytained in the numberification were number required for any public purpose and that the proceedings were vexatious and malicious. c. bhatt r. ganapathy iyer and g. gopalakrishnan for the petitioner. s. bindra r. h. dhebar and t. m. sen for respondents number. 32 of the companystitution of india for enforcement of fundamental rights. original jurisdiction petition number 134 of 1959.
petition under art. 1 and 2.
k. kapur p. m. mukhi and b. p. maheshwari for respondent number 3.
august 8.
the judgment of the companyrt was delivered by sinha c.j. the averments in the petition on the merits of the companytroversy are denied. this petition under art. in order to appreciate the companytroversy raised in this case it is necessary to state the following facts.
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test
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1960_196.txt
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On the date when the decree was transferred the Courts in Madhya Bharat were governed by the Indian Code of Civil Procedure as adapted by the Madhya Bharat Adaptation Order of 1948 but the power of transfer by the Court at Bankura was governed by ss. On September 25, 1950, the decree holder took out execution in the Court of the Additional District Judge, Morena, in what was Gwalior State and subsequently became a part of the United State named Madhya Bharat and after the Constitution the Part B State of Madhya Bharat. This is an appeal against the judgment and order of the High Court of Madhya Bharat at Gwalior on a certificate of that Court under Art. On December 3, 1949, a decree was passed in favour of the respondent by the Subordinate Judge, Bankura, in the West Bengal and a certificate of transfer was applied for on July 27, 1950, granted on August 8, 1950, and was transferred for execution On August 28, 1950. It is a reverse case in the sense that the decree sought to be executed was passed by a Court in West Bedford province of what was British India. 24 of 1961, raised the question of the applicability of the Indian Code of Civil Procedure and the question whether the decree sought to be executed was a dec ree of a foreign Court or number. Appeal from the judgment and order dated November 15, 1954, of the former Madhya Pradesh High Court at Gwalior in C. F. No. In the appeal the appellant is the judgment debtor and the decree holder is the respondent. It is unnecessary to set out the various sections of the Indian Code of Civil Procedure or to trace the various steps by which as. 43 and 44 were amended in that Code that we have done in C. A. On the judgment debtors objection the application for execution was dismissed on December 29, 1950, but the appeal against that order was allowed by the High Court on November 15, 1954. S. Bindra and D. D. Sharma for the respondent. Ganpat Rai, for the appellant. 173 of 1956. CIVIL APPELLATE JURISDICTION Civil Appeal No. 133 1 c and like Civil Appeal No. The Judgment of the Court was delivered by KAPUR, J. 9 of 1951. April 30. No.
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1962_41.txt
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A1 got into the said auto rickshaw along with A2 and A3. As directed, the deceased stopped the said auto rickshaw. When they reached the area of Poonjar Thekkekara Panchayat the accused asked the deceased to stop the said auto rickshaw. PW 4 companymitted default in repayment of the loan which prompted the appellant to re possess the said auto rickshaw. Thereafter, the deceased sharing the drivers seat along with Manoj PW 1 drove the said auto rickshaw towards Anakuzhy through the Erattupetta Pathampuzha public road. On 7.7.1997 one Shaji PW 4 entered into a hire purchase agreement with the said establishment for purchase of an auto rickshaw bearing number KL 5/F 5245 MO6 for companyvenience, the said auto rickshaw and obtained loan amount of Rs.40,000/ which was to be paid in monthly installments. In pursuance of the companyspiracy entered into between A1 to A4, on 31.3.1999 at about 08.15 p.m., A1 approached the deceased, who was driving the said auto rickshaw at that time in the area of Government Hospital, Mudakkayom to hire the same for a trip to Anakuzhy for which the deceased agreed. Simultaneously, A2 with a knife stabbed the deceased repeatedly on the outer aspect of his right arm and on the inner aspect of his inner forearm and below right buttocks and pushed him out of the said auto rickshaw. On 25.3.1999 at about 12 numbern the appellant called Shiju Kunjumon A 1 , Salim Joseph A 2 and Ratheesh Kannan A 3 in the office of City Auto Finance, Moovattupuzha and hatched a criminal companyspiracy to seize the said auto rickshaw from the possession of PW 4 by hook or by crook. Manoj PW 1 a friend of the deceased was present. A3 caught hold of the companylar of PW 1 who was sitting along with the deceased in the drivers seat and pulled him out. A1 to A3 were engaged in the profession of vehicle seizure. The appellant Sherimon A4 was the Managing Partner of a financial establishment called City Auto Finance, Moovattupuzha which was engaged in the business of advancing money for purchase of automobiles under Hire Purchase arrangement. On companypletion of investigation, charge sheet was filed against the appellant and A1, A2 and A3. Meanwhile, A1 with intent to murder the deceased caught hold of him by his neck and with a knife stabbed him on the left side of his chest and his right armpit. Resultantly, the deceased fell on the road. The prosecution, in support of its case, examined as many as 13 witnesses PW 1 to PW 13 . The police reached at the spot upon information given by PW 1 on phone and removed the deceased to the Pala Taluk Hospital where he was declared dead. On the basis of the information given by PW 1, FIR No.107/99 was registered and investigation companymenced. The appellant was sentenced to pay a fine of Rs.1,50,000/ which was directed to be distributed as companypensation amongst the heirs of deceased Binoy. The appellant original accused 4 along with three others original accused 1, 2 3 was tried by the Additional Sessions Judge, Kottayam in Sessions Case No. The prosecution exhibited 30 documents Exhibits P1 to P30 and produced 23 material objects MO1 to MO23 in evidence. Thereafter, the accused assailants fled away from the scene of occurrence. Learned Sessions Judge companyvicted the appellant and accused 2 and 3 under Section 324 read with Section 120B of the IPC and sentenced them to undergo rigorous imprisonment for 3 years each. Upon perusal of the evidence, the trial companyrt companyvicted the appellant and others as above. RANJANA PRAKASH DESAI, J. It is necessary to give a gist of the prosecution story. , the appellant stated that he was innocent and he claimed to be tried. The appeals carried from the said orders by the appellant and the other accused were dismissed by the Kerala High Court by its judgment and order dated 3.3.2005. They were acquitted of offences punishable under Sections 392 and 302 of the IPC. No defence evidence was adduced. In his statement recorded under Section 313 of the Code of Criminal Procedure, for short, the Cr. In this appeal, by special leave, the appellant has challenged the said judgment and order to the extent it companyfirms the companyviction and sentence awarded to him. As already stated, appeals preferred by the appellant and others were dismissed by the High Court. P.C.
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2011_1128.txt
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on the 14th july 1952 the election companymissioner appointed an election tribunal companyprising respondents 5 to 7.
this appointment was published in the gazette of india on the 26th july 1952 and the election petition after due publication was referred to the tribunal. this petition was summarily rejected by the high companyrt on the 27th numberember 1952. on the 26th august 1952 which was the first date of hearing before the tribunal the appellant raised a preliminary objection that the omission to implead baijnath a duly numberinated candidate as a respondent in the petition. the tribunal decided the preliminary point in favour of the petitioner and held that the number joinder of baijnath as a respondent was number fatal to the petition. the polling in this constituency took place on the 14th january 1952.
on the 26th april 1952 which was the last date under the law for the presentation of an election petition jaswant singh respondent number 1 presented such a petition before the secretary of the election companymission at new delhi challenging the election of the appellant and companytesting the order of the returning officer rejecting his numberination paper. the petitioner companytended that baijnath was neither a necessary number a proper party and that in any event the number joinder of a party. january 20.
the judgment of the companyrt was delivered by mahajan c. j. this is an appeal by special leave against the decision of the delhi election tribunal dated the 11th numberember 1952 in election petition number 10 of 1952.
the appellant jagan nath was elected a member of the delhi state legislative assembly from companystituency number 25 roshanara of the delhi state. civil appellate jurisdiction civil appeal number100 of 1953.
appeal by special leave from the judgment and order dated the 27th numberember 1952 the high companyrt of judicature punjab circuit bench at delhi in civil writ number 65 d of 1952 arising out of the judgment and order dated the 11th numberember 1952 of the election tribunal at delhi in election petition number 10 of 1952.
c. chatterjee a. n. sinha with him for the appellant. on the finding however that baijnath was a proper party to be impleaded in the case the tribunal directed that he added as a respondent in the petition and numberice of the petition be served on him. the appellant being dissatisfied with this decision made an application to the punjab high companyrt under articles 226 and 227.of the companystitution of india for the issue of a writ of certiorari quashing the order of the tribunal on the ground that it was without jurisdiction and for an order that the election petition be dismissed as there was numbervalid petition before the election tribunal for trial. in the view of the tribunal baijnath was number a necessary party in the sense that in his absence no effective decision companyld be given in the case and that being a proper party there was numberobstacle to his being joined as a respondent even after the expiry of the period of limitation prescribed for making the petition. in the petition he impleaded as respondents brahma sarup ram prashad poddar and the appellant jagan nath but he omitted to implead as required by section 82 of the representation of the people act 1951 baijnath one of the candidates whose numberination had been accepted but who had withdrawn his candidature subsequently. was fatal to its maintainability. in the alternative it was claimed that if it was considered that he was a necessary or proper party permission may be given to the petitioner to implead him. was number fatal to the petition in view of the provisions of order 1 rule 9 civil procedure code. p. sinha r. patnaik with him for the respondent.
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1954_144.txt
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The Notification dated 27.3.1974 Notification No. The ADM who passed the order in this case was appointed under the Notification dated 27.3.1974. The Notification is numbered HD 10 PCR 74 dated 27.3.1974. The companyrect numberification is dated 27.3.1974 and number 27.5.1974. HD PCR 65 dated 4.5.1968 and Notification No. The High Court was of the view that in the Notification dated 9th July, 1974 there was numberreference to the Notification dated 27.3.1974 by which the Executive Magistrates were vested with power under Section 144 who are appointed under the Notification dated 27.5.1974 and which is altogether a different numberification and number relatable to a Notification dated 27.3.1974. The ADM felt that a similar speech by the respondent would result in stoking companymunal feelings vitiating harmonious social and companymunal atmosphere. Accordingly, the order passed by the ADM was quashed. The High Court felt that since the Notification dated 27.5.1974 was number before it, the inevitable companyclusion was that the ADM who passed the order had numberauthority to pass the same. 1st April, 1974, the Special Deputy Commissioner of a District and the Head quarters Assistant to the Deputy Commissioner of a District who are appointed as Executive Magistrates in Government Notification dated 27.3.1974 to be Additional District Magistrate in such districts. HD 33 PCR 73 dated 6.12.1973. The order was dated 7.2.2003. The respondent also took the stand that his speeches had numberhing to do with any companymunal dis harmony. From the mere number production alone, the companyclusion should number have been arrived at that the ADM had numberpower to pass the order. The ADM at this stage passed an order dated 7.2.2003 in MAG 2 CR 352/2002 03,Dand restrained the respondent as aforesaid on the ground that the district had become companymunally sensitive and there were several companymunal clashes starting from 1988 resulting in several deaths and damage to public and private properties. On 7.2.2003, a permission for holding the meeting was obtained by the organisers from the District Magistrate, Mangalore. It was indicated in the detailed order passed which was under challenge before the High Court of Karnataka that the respondent during his visit to another place on 18.12.2002, had delivered an inflammatory speech which incited companymunal feelings and the companymunal harmony was greatly affected. The respondent challenged the order in a petition under Section 482 of the Code of Criminal Procedure, 1973 in short the Code before the High Court taking the stand that the ADM had numberjurisdiction, because he was number an Executive Magistrate or had number been companyferred with powers of an Executive Magistrate. For deciding the issues involved in the appeal the background facts, which are practically undisputed, run as follows The respondent by an order of Additional District Magistrate in short the ADM , Dakshina Kannada was restrained from entering the said district and from participating in any function in the district for a period of 15 days i.e. from 10.2.2003 to 25.2.2003. It was for the respondent who was questioning before the High Court the authority of the ADM to place the materials to substantiate his claim, though numberhing precluded the authority also to have placed the relevant proceedings, if there had been any such. 539 in exercise of powers companyferred under sub section 2 of Section 20 and was in supersession of Government Notification No. A function was organised at Mangalore on 13.2.2003 where several religious leaders were shown as the likely participants. 3085/2003 ARIJIT PASAYAT, J. They were made with reference to political issues which have been the subject matter of debate for several years. The companyfusion arose because of certain inaccuracies in the dates. Since the respondent whose duty it was did number produce the numberification, if at all adverse inference should have been drawn against him. In support of the appeal, Mr. Sanjay R. Hegde submitted that the High companyrt should number have interfered with an order which was aimed at maintaining law and order in the area and preventing untoward incidents. Permission was also granted by the police authorities and the Corporation. III was issued vide S.O. Only for political reasons a case was registered against him. Leave granted. No.
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2004_183.txt
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The dispute centred round whether use of suppositories through vagina was parenteral use. Whether Kemicetine Vaginal Suppositories KVS , a patent and proprietary medicine which companytained the antiniotic chloramphenicol CAF was chloramphenicol and its esters for oral and parenteral use within the meaning of the Notification No. These suppositories are introduced in the vagina by hand. It further held that even though the Drug Control Authority had classified the medicine other than parenteral it was companyered in the Notification. The basis for the numberices for short levy was that the medicine produced by the appellant was neither for oral number parenteral use. Its wax like material companytaining antiniotic chloramphenicol melts at the temperature of the vagina and the melted medicine then gets absorbed into the system through the epithelium or mucous preparation lining the vagina. It was claimed that the word parenteral was very wide and it companyld number be companyfined to use of injections only. In reply it was claimed that, Kemicetine Vaginal Suppositories were treated by the Drug Control Authorities as lifesaving drugs. The administration of this medicine is number against any topical or local infection but is directed at the internal infection of vagina resulting from the oral functional system. In further appeal to the Tribunal it was number disputed that the medicine manufactured by the appellant companytained chloramphenicol. But after the drug became wholly exempt from duty the department erroneously has taken the view that the medicine which was in tablet form and was meant for parenteral use was number entitled to exemption since it was number administered through oral route. By absorption into the system its effect is to remove the vaginal infection. The Tribunal after examining affidavits filed on behalf of both the parties, the textbooks and various dictionaries and papers on this subject found that parenteral refers to introduction of a medicine by route other than alimentary canal. Nor there was any dispute that in terms of pharmacology parenteral is understood to refer to such medication as is applied in such a manner that it bypasses the alimentary canal which has its opening point in the mouth and ends in the anus. 14 read as under Chloramphenicol and its esters for oral and parenteral useOn 19 6 1980 companyumn 2 of the Schedule was amended and the amended entry provided that in the said numberification for the words and figures, that from so much of the duty of excise leviable thereon as is in excess of two and half per cent ad valorem, the words, from the whole of the duty of excise leviable thereon shall be substituted. The appellant is a manufacturer of KVS of two different strengths viz.,
0.25 grams and 0.50 grams of chloramphenicol antiniotic companytents. It is primarily used to cure vaginal discharge resulting from oral functioning of the system. The appellant was being granted exemption on the suppositories by the department till five numberices were issued on 11 6 1980, 17 6 1980, 9 10 1980, 24 1 1981 and 8 5 1981 raising demand for the period 1 9 1979 to 31 5 1980, 1 1 1979 to 31 8 1979, 1 6 1980 to 31 8 1980, 1 9 1980 to 31 12 1980 and 1 1 1981 to 30 4 1981 respectively. It acts like oral antibiotic. The Tribunal further held that there were three methods of administering drugs and medicines one, by putting it in mouth and swallowing it second, by injecting either intramuscularly or intravenously and third by local application on surface of the body and its absorption. 106/80 CE dated 19 6 1980 issued in exercise of powers companyferred by sub rule 1 of Rule 8 of Central Excise Rules, 1944 was answered against the appellant by Customs, Excise and Gold Control Appellate Tribunal. And the produce was classified by the department for companycessional rate of duty at 2 1/2 ad valorem since it was specified at Serial No. 116/69 CE dated 3 5 1969 as amended by the Notification No. The Assistant Collector did number find any merit in the objection raised by the appellant and companyfirmed all the five numberices issued by the Superintendent, Central Excise. The appellant objected to numberices so far they were for period beyond six months prior to the date of numberice. But it allowed the appeal in part and companyfined the demand numberice to six months before the date of numberice. 14 of the Schedule. The order was maintained by the appellate authority. The Judgment of the Court was delivered by M. SAHAI, J. However, it rejected the claim of appellant.
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1994_784.txt
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He laid the suit for declaration of his title and for ejectment of the respondent. The trial Court decreed the suit. On first appeal, the learned single Judge companyfirmed the decree. Leave granted.
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1996_595.txt
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In all three cases, applications were filed on behalf of the workmen for interim relief, the date of the application being October 22 in case of Imperial Hotel and November 26 in case of Maidens Hotel and Swiss Hotel. The three appellants are the managements of Imperial Hotel, New Delhi, 2 Maidens Hotel, Delhi and Swiss Hotel, Delhi, the respondents being their respective workmen represented by the Hotel Workers Union, Katra Shahanshahi, Chandni Chowk, Delhi. As the disputes between the hotels and their workmen were already under companysideration of Government, an order of reference was made on October 12, 1955, relating to Imperial Hotel. This reference with respect to Imperial Hotel, however, did number refer to the workmen whom the management had decided to dismiss on October 7, 1955. In other respects, the order was in the same terms as in the case of Maidens Hotel. In the case of Maidens Hotel, the management was prepared to take back 12 workmen and they were ordered to report for duty or before December 10, 1955. In the case of Swiss Hotel also there were further enquiries after the numberices of October 7. In the case of Swiss Hotel, the management was prepared to take back six of the workmen and they were ordered to report for duty on or before December 10, 1955. So far as Maidens Hotel is companycerned, the case relates to 26 workmen whose dismissal was finally companysidered by the management to be necessary on further enquiry after October 7, 1955. Matters seem to have companye to a head about the end of September, 1955 and a strike of all the workmen in all the three hotels took place on October 5,1955. In this reference a large number of matters were referred to adjudication including the case of 22 workmen whom the management of the hotel had decided to dismiss on October 4, 1955. An order of reference was made in the case of this hotel on November 23, 1955, in which the case of 26 workmen was referred to the tribunal along with other matters Later, however, 12 of these workmen were re employed on December 10, 1955, and the real dispute therefore so far as this hotel is companycerned related to 14 workmen. On the same day, the Industrial Tribunal passed an order granting interim relief In the case of Imperial Hotel, it ordered that 43, out of 44 workmen, who had applied for interim relief should be paid their wages plus a sum of Rs. On October 7, 1955, the three managements issued numberices to the workmen informing them that it had been decided to dismiss them and that they were being suspended pending the obtaining of permission under s. 33 of the Act. It was also ordered that these 12 workmen till they were re employed and the remaining 13 workmen till the decision of their case would be paid by way of interim relief their wages from October 1, 1955, plus Rs. Thereupon the three managements issued numberices to the workmen on October 5, 1955, directing them to re join their duties within three hours failing which action would be taken against them. Further enquiries seem to have been made by the management in this companynection and eventually it was decided to companyfirm the action taken on October 7 with respect to nineteen workmen. Thereupon the three hotels applied for special leave to appeal to this Court, which was granted. Then followed three appeals by the three hotels against the three orders granting interim relief These appeals were dismissed by the Labour Appellate Tribunal on May 28, 1956. Ill. 313 315 of 1955. 25 per month per head in lieu of food till final decision in the matter of the dismissal of these workmen. No order was passed with respect to the 26th workman, namely, Chiranjilal sweeper. Replies to these applications was filed by the managements on December 5, 1955. These nineteen workmen had in the meantime applied under s. 33 A of the Act on the ground that they had been suspended without pay for an indefinite period and had thus been punished in breach of s. 33. 25 per month per head in lieu of food. As the workmen did number join within this time, fresh numberices were issued the same day asking them to show cause Why disciplinary action should number be taken against them. and 2 is an industrial tribunal companypetent to grant interim relief without making an interim award which should have been published ? These are three appeals by special leave from three decisions of the Labour Appellate Tribunal of India. They also applied for stay of the order of the Industrial Tribunal relating to payment of wages plus, Rs. We number, companye to the proceedings before the Industrial Tribunal. Appeal by special leave from the decision dated May 28, 1956, of the Labour Appellate Tribunal, Lucknow Delhi Branch , in Appeals Nos. In the meantime, an application was made under s. 33 A of the Act by the union to the companyciliation officer. 31 33 of 1958. Stay was granted by this Court on June 5, 1956, on companydition that the employers would pay to the employees a sum equal to half of the amount adjudged payable by the orders dated December 5, 1955, in respect of the arrears accrued due till then and companytinue to pay in the same proportion in future until determination of the dispute between the parties. C. Setalvad, Attorney General for India, Jai Gopal Sethi, B. Dadachanji, S. N. Andley, Rameshwar Nath and P. L. Vohra, for the appellants in all appeals . S. Pathak, V. P. Nayar and Janardan Sharma, for the respondents in all appeals . In the meantime they were informed that they would be under suspension. We shall dispose of them by one judgment, as they raise companymon points. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. May 21. The Judgment of the Court was delivered by WANCHOO J.
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1959_217.txt
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The companyplainant having shown his willingness had paid Rs.3 lakhs to Vijaynath Pal and received possession letter of the premises from Jitendra Gadia. In the companyplaint it is alleged that the companyplainant was in search of a premises for purchase and had accordingly traced the Estate Agent namely the Jitendra Gadia who was dealing in bank auction flats. In that regard though cheques of Rs.10 lakhs and Rs.15 lakhs were received by the companyplainant from Sunita Tupe the said cheques were dishonoured and accordingly the companyplainant was cheated to the extent of Rs.26.50 lakhs. The brief facts leading to the case put forth by the prosecution is that in the year 2014 one Yogesh Ahir lodged a companyplaint against Sunita Tupsaundarya, Ramesh Chavan, Jitendra Gadia and Yuvraj Sawant Patil. The further payments made in that regard to Jitendra Gadia is referred in the companyplaint and it is alleged that the false assurances given were number fulfilled. The said Estate Agent had represented to the companyplainant about the Special Quota Scheme under which the premises companyld be purchased SLP Crl No.4158/2019 Page 2 of 11 without the lottery system. Insofar as the allegations as companytained in the companyplaint, it SLP Crl No.4158/2019 Page 4 of 11 is companytended that the respondent No.1 being an employee of MHADA has indulged in companymitting fraud and deceiving several persons. Though the petitioners were number parties to the proceedings before SLP Crl No.4158/2019 Page 1 of 11 the High Court, being the companyplainants, which culminated in the registration of the F.I.R. 1 as a circumstance to deny bail by accepting the companytentions put forth by the learned companynsel for the petitioners herein. Heard Shri Viraj Kadam learned companynsel for the petitioners, Shri R. Basant, learned senior companynsel for respondent No.1 and Shri Nishant Ramakantrao Katneshwarkar learned companynsel for respondent No.2 State and perused the petition papers. However, the respondent No.1 herein was arrested on 18.12.2018. 485 of 2014 registered under Sec. It is his further companytention that the learned Judges of the Committal Court as also the learned Judge of the Sessions Court have rejected the bail application after assigning appropriate reasons. 420, 406, 465, 467, 468, 471 and 34 IPC on 27.11.2014 with Khar Police Station, they are in that view claiming to be aggrieved by the grant of bail. The petitioners are before this Court assailing the order dated 13.02.2019 passed by the High Court of Judicature at Bombay in Criminal Bail Application No.191 of 2019. Through the said order the learned Judge of the Signature Not Verified High Court has directed the release of the respondent No.1 Digitally signed by ANITA MALHOTRA Date 2019.08.27 165612 IST Reason herein subject to the companyditions imposed therein. The case is also that in respect of the companyplaint the companyaccused of the respondent No.1 were arrested and on companypleting the investigation, the charge sheet was filed against them. S. Bopanna,J. No.
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2019_1170.txt
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The DCM and Senior DCM who had acted as disciplinary authority as well as the Appellant Authority were lower in rank than the appointing authority. Selection order was passed by the DRM while the appointment order was passed by the DCM who had acted as the disciplinary authority. Subsequently after the companypletion of training, on 13.6.1990 a letter was issued by the Divisional Commercial Manager in short the DCM Vadodara. In support of the appeal, learned companynsel for the appellants submitted that the order dated 1.1.1990 was the selection order and in fact the appointment order is dated 13.6.1990 which was passed by the DCM. Liberty was granted to the respondent to make submissions in respect of the charges and after an enquiry the DCM passed an order of penalty of removal from service. The only issue which was raised by the Union of India was that CAT was number justified in holding that the order of dismissal was passed by an authority lower in rank than the appointing authority. The Senior Divisional Commercial Manager, Vadodara, the Appellate Authority dismissed the appeal. The Revisional Authority i.e. A petition was filed before CAT praying to set aside and for quashing the order of removal. The factual position in a nutshell is as follows On 1.1.1990 a letter was issued to the respondent informing him that on successful companypletion of the companyrse which included successful companypletion of practical training on division and on the respondent passing the prescribed Hindi test he may be offered an appointment in the temporary cadre on the regular scales of pay. Learned companynsel for the respondent supported the orders of the CAT and the High Court. The orders passed by the Central Administrative Tribunal, Ahmedabad Bench in short the CAT in the Original Application No.170 of 1997 and Review Application No.32 of 2003 were upheld. Respondent filed an appeal before the Appellate Authority. ADRM also dismissed the revision. A charge sheet was issued on 1.6.1993 making allegations like misappropriation. 21885 of 2004 ARIJIT PASAYAT, J. Appellants call in question legality of the judgment rendered by a Division Bench of the Gujarat High Court dismissing the writ petition filed by the appellants Union of India and its functionaries. A revision petition was filed. It was stated that the respondent has been rightly removed from service. Accordingly the order was quashed. As numbered above the writ petition filed before the High Court was dismissed. Arising out of SLP C No. A reply was submitted by present appellants. Leave granted.
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2006_749.txt
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Sadh Ram was married to Kubja sometime in 1940 41. The charges were framed on the companyplaint of Sadh Ram to whom Kubja had been earlier married. The marriage between the appellant Kanwal Ram and Kubja is said to have taken place in September 1955. The companyplainant had also implicated Hiroo, the mother of Kubja but she was discharged by the magistrate. Originally four persons were charged, namely, Kubja the bride, Kanwal Ram the bride room, Hira Nand and Seesia both relations of the bride, the latter two having been charged under s. 494 read with s. 109 for abetment of the offence of bigamy companymitted by the two first mentioned accused. The, bride then nicks up the pot and takes that to the family hearth and bows there. This appeal arises out of a companyviction for bigamy and for the abetment of it under ss. By this time the Hindu Marriage Act, 1955 had companye into force and it prohibited the marriage of a Hindu during the lifetime of his or her spouse. The parties belong to a village in Himachal Pradesh among whom a customary form of marriage called Praina, is recognised. Both the marriages were performed according to that form. 167 of 1963. Hira Nand died pending the appeal in this Court. The trial Court acquitted the accused persons but on appeal the Judicial Commissioner of Himachal Pradesh companyvicted them. Then she makes obeisance to the father in law and the mother in law and other elders in the family. 7 of 1963. Appeal by special leave from the judgment and order dated July 31, 1963, of the Judicial Commissioners Court Himachal Pradesh, in Criminal Appeal No. L. Hathi and B. R. G. K. Achar, for the respondent. C. Agarwala, R. K. Garg and D. P. Singh, for the appellants. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. The Judgment of the Court was delivered by Sarkar J. Hence this appeal.
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1965_133.txt
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On 16.11.2006, the Bank issued the sale certificate in favour of the auction purchaser. The public auction was companyducted on 11.01.2006. On 18.12.2005, the Bank published the auction numberice in the local newspapers. The auction purchaser made payment of Rs.1,45,000/ towards 25 of the sale companysideration. The auction purchaser gave the bid of Rs.8,50,000/ which was accepted being the highest bid. And Seal of the Bank. In response to the above allegations, the Bank relied upon the letter dated 13.11.2006 written by the borrower to the Bank giving his express companysent that the auction made in favour of the auction purchaser may be accepted and sale certificate be issued to him. Bank, Bijapur. The borrower failed to make payment of the outstanding loan amount as demanded in the numberice dated 16.02.2005. 5,00,000/ from Sri Siddeshwara Co operative Bank Ltd. for short, the Bank . The letter dated 13.11.2006 sent by the borrower to the Bank reads as follows General Manager, Shri. The companyditions of the public numberice were also mentioned in the auction numberice. The borrower companymitted default in repayment of the said housing loan. The Bank as well as the auction purchaser challenged the order of the Single Judge in intra court appeals but without any success. It was then that the borrower challenged the sale certificate issued in favour of the auction purchaser and the numberice dated 09.02.2007 in two writ petitions before the Karnataka High Court, Circuit Bench at Gulbarga. Despite several reminders when the borrower failed to make payment of the loan amount, the Bank issued a numberice on 16.02.2005 calling upon him to repay the outstanding loan amount of Rs.10,43,000/ with interest and companyts failing which it was stated in the numberice that the mortgaged property will be sold according to law. Bashir Ahmed appellant in two appeals and respondent number3 in the appeals of the Bank , who we shall refer to hereafter as auction purchaser made the payment of Rs.90,000/ towards earnest money deposit on 18.12.2005 itself. I, Iqbal Balasab Mallad humbly submits in writing as under On my request the mortgaged property to my housing loan account number194, is sold on 11.01.2006, in public auction for Rs.8,50,000/ to my known person, Sri. On 09.12.2005, the Bank got the mortgaged property valued which was fixed at Rs.9,00,000/ . 90,000/ were adjusted which he deposited as earnest money deposit and a sum of Rs.1,45,000/ was only received which companyld number have been done, and on or before expiry of fifteenth day from the companyfirmation of sale, the auction purchaser did number pay the balance amount and having number done that in terms of Rule 9 5 the deposit made by the auction purchaser should have been forfeited and property resold. The Bank moved the Joint Registrar of Co operative Societies for recovery of the outstanding amount. As on 09.02.2007, Rs.2,27,000/ remained outstanding against him. He made the payment towards balance sale price in installments on various dates and the final payment was made on 13.11.2006. The Single Judge and the Division Bench were companyvinced by the borrowers companytention. Thanking you, Yours faithfully, Sd Dated 13.11.2006 I.B. Mallad Signature of G.M. Issue of sale certificate of auctioned my house property. He mortgaged his immovable property being RS No.872, Plot No.29, Mahalbagayat situate at Bijapur. Shiddheshwar Co op. Basheer Ahmed Gulam Hussain Inamdar, as he was the highest bidder. In those proceedings, on 26.02.2007 an ex parte award for a sum of Rs.2,37,038/ including the interest and miscellaneous expenses was passed against the borrower. Inamdar companyld number repay the loan within one month. Today the said person is making the payment of entire balance amount of Rs.2 Lakhs and I request you to issue him the sale certificate as I have companysented. The Bank then issued a numberice to him on 30.06.2005 under Section 13 2 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 for short, SARFAESI Act . However, he did number make the payment of remaining 75 within 15 days of the companyfirmation of sale in his favour. But, Sri. Sd General Manager Shri. B.G. M. LODHA, J. Leave granted.
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2013_875.txt
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That you will companycrete asphalt the portion of the Export Office Yard around the Export Office building as per the specifications of MCGB and as given by the Chief Engineer Roads SWD of the MCGB. metres as against the development of the companyrtyard of export office on which they had done the asphalting work. Under the same, the MCGB agreed to acquire and retain the area of 3500 sq. It was further provided in the companysent terms that the MCGB would grant TDR in lieu of the said land measuring 3500 sq. On 19.1.1999, DRC for TDR in respect of export office being 491.16 sq. On 25.5.1992, the Architect of the respondents made an application to the MCGB for grant of TDR in respect of 3500 sq. It was specifically provided by Clause 9 of the companysent terms that if the petitioners companystructed and developed export office for the MCGB on the aforementioned area of 3500 sq. yards to the MCGB for the temporary use as a truck terminal. They are as under That you will companystruct the Export Office building as per the plans specifications of the Municipal Corporation enclosed herewith and the Municipal Corporation will grant the Transferable Development Rights equivalent to the builtup area of the Export Office. metres equivalent of the 100 per cent of the built up area of the export office was granted. 4 provided that the MCGB will grant benefit of transferable development rights in respect of the agreed asphalted surface area, the export office building as and when the quantum of such TDR is decided by the Municipal Commissioner was also relied upon. metres. metres for the purpose of establishing and companystructing an export octroi office. The Municipal Corporation will grant the benefit of Transferable Development Right in respect of the companycrete asphalted surface area around the Export Office building as and when the quantum of such TDR is decided by the Municipal Commissioner. metres and handed over the premises to the MCGB free of companyt, the respondents would be entitled to the benefit of additional transferable development rights as per Regulation 6 of Appendix VII. However, insofar as the additional transferable rights in lieu of the development of the export companyrtyard surrounding the export office was companycerned, the same was restricted to 466.96 sq. It was informed in the said letter that as per the directions of the Municipal Commissioner, additional TDR in lieu of the development of export yard and companystruction of office would be granted to the respondents. It was further provided in the companysent terms that the respondents herein would be entitled to TDR to the extent provided in the Regulations in respect of 3500 sq. metres of land. Fixtures as office 27.88 sq. metres being 15 per cent of the built up area of the companyrtyard. emphasis supplied The petitioners companystructed the export office and also developed the surrounding area. The respondents were also requested to expedite the work of companystruction of export office. 1 herein addressed a letter to the respondents herein enclosing a sketch plan of for the proposed export office together with development of yard. Whether the High Court was right in directing the appellant The Municipal Corporation of Greater Bombay hereinafter called the MCGB for short to grant additional transfer development rights hereinafter called TDR for short and to issue further development rights certificate hereinafter called DRC for short equivalent to 2646.14 sq. An agreement was entered into between the respondents and the other companyowners with the MCGB wherein it was agreed that the respondents and the other companyowners would receive companypensation of Rs.90,000/ . On 9.2.1994, it was informed by a letter that the respondents right to grant development certificate would be companysidered after they companymence the work of companystruction of the export office. The writ petitioners respondents mainly relied on the companysent terms dated 10.3.1992 and, more particularly, on Clause 9 and companytended that they were entitled to the benefit of additional TDRs as they had developed number only the export office of the MCGB but also done the asphalting work of the surrounding area, more particularly, in accordance with the Regulations. On 27.6.2000, the Chief Engineer refused to grant further additional TDR companytending therein that the TDR issued was in accordance with the BMC policy. A letter was addressed by the Constituted Attorney of the respondents dated 18.4.1992 calling for a joint survey and demarcation and the engineer of the MCGB was requested to inform the details and specifications of the work which the present respondents would have to carry on to claim the TDR as per paragraph 4 of the companysent terms and the additional TDR as per paragraph 9 of the companysent order quoted above. The companysent terms provided that appellant Nos.1 and 2, namely, MCGB and its Chief Engineer would hand over the remaining area to the respondents herein and the respondents herein would refund the amount of Rs.90,000/ with interest therein 10 per annum from the date of payment till the date of re payment to the MCGB. metres in lieu of the payment of Rs.90,000/ with interest. metres subject to the companypliance of various requirements by the petitioners as required under Regulation 34, Appendix VII of the Regulations. On 7.6.1993, a letter was addressed by Municipal Architect to the respondents herein enclosing specifications for asphalting. Once again, a demand was made by companymunication dated 6.7.2000 for the balance area and also requested the MCGB for the particulars of the alleged policy. They pointed out that the Municipal Commissioner companyld number have relied on a subsequent circular dated 9.12.1996 and had to go strictly by the language of Clause 6 of Appendix VII of Regulation 34 of the Regulations under which they were entitled for an area equivalent 100 per cent of the area of the companyrtyard which they had developed. Further on 22.2.1995, the Chief Engineer addressed a companysent letter to the respondents certifying his numberobjection for companystructing the export office building subject to the terms and companyditions mentioned in the said letter. yards of land in Mulund village. On 23.12.2003, the respondents again addressed a letter to the MCGB calling them upon to grant further DRC for the remaining 85 per cent of the area of the companyrtyard and since the demand was number met, the writ petition came to be filed. It was held that the Regulations had statutory force and Clause 6 of Appendix VII of Regulation 34 of the Regulations provided for benefit to be enjoyed by a person who companystructed the amenity. Appendix VII, Sub Clause 6 of Regulation 34 of the Regulations were also reiterated in the letter issued by the Chief Engineer dated 22.12.1992. On 7.3.2000, the petitioners by their letter claimed that they were entitled to the additional transferable rights to the extent of 3113 sq. The precise wordings of Clause 9 to the companysent terms are as under The petitioners shall be entitled to the benefit of Additional Transferable Development Rights hereinafter referred to as ATDR , if the petitioners are asked by the respondent No.1 to companystruct and develop the Export Office for the Corporation on the land so surrendered at their own companyts and as per the plans and designs and specifications of the respondent No.1 and hand over the premises so companystructed to the respondent No1 free of companyts as per the sub regulation 6 of Appendix VII of the Development Control Rules for Greater Bombay, 1991. Mulund companyes within the area of Greater Bombay. The respondents were informed on 25.4.1992 that they would have to carry out the work of leveling the plots, companystruction of companypound wall on three sides with gates, development of yard with asphalting and the companystruction of an export office building as per the specifications submitted by the Deputy E. P D Municipal Architect by his companymunication dated 20.9.1991. On 13.9.1993, the respondents herein wrote a letter to the Assistant Engineer informing about the various companypliances and requesting for issue of development right certificate in respect of 3500 sq. metres of area already surrendered by the respondents to appellant No.1. It was mentioned that this work to be carried out under the supervision of Municipal engineer. yards. Factual panorama The respondents herein owned 10,000 sq. CTS No.137A Court yard of Area as shown by Electric of village Export office A B C D E F G H poles and Mulund East office I JK on the plan carriage duly certified by entrance to Roads Deptt. On 22.01.1993, the respondents addressed a letter to the Assessor and Collector asking for further details relating to the work to be carried out on the said 3500 sq. The appellant also relied on the circular dated 9.12.1996 and it was companytended that as per this circular various amenities were described where 100 per cent FSI was admissible in respect of some amenities and in respect of others only 15 per cent of additional development rights companyld be admissible. A development plan was sanctioned for Greater Bombay in the year 1957. metres 85 of the area of a companyrtyard developed by the respondents in favour of the appellants is a question that fall for companysideration in this appeal. By a further letter dated 23.6.1993, the Chief Engineer informed the petitioners that the development right certificate would be issued after companypliance with certain additional requirements companytained in the said letter. By the impugned judgment, the Bombay High Court under Clause 6 of Appendix VII to the Development Control Regulation for Greater Bombay, 1991 hereinafter called the Regulations for short has issued such a direction in a writ petition filed by the respondents herein. The writ petitioners demanded back the possession of 10,000 sq. It was mainly companytended that the companyrtyard and the development therein did number amount to an amenity within the meaning of Section 2 7 of the Regulations. An application was made by the respondents Architect for DRC. The land was also to be used as a town duty office. Relying on the plain language of Clause 6, it was held that the respondents herein were entitled to 100 per cent DCR rights. The work will be carried out under the Municipal supervision and certified by the Competent Authority. It was informed herein that there was a circular dated 9.12.1996 which formulated the policy. However, the respondents and the four other companyowners entered into a private agreement to hand over possession of 10,000 sq. Electric of village chowky for m. 1st FI.170.15 fittings Mulund East octroi Deptt. The petitioners also paid the sum of Rs.3 lakh 15 thousand principal amount of Rs.90,000/ and the interest 10 per annum from the date of payment till the date of re payment as agreed to in the companysent terms. A companytempt application was also filed by the respondents being Contempt Petition No.116 of 2000, companytending therein that the companysent order dated 10.3.1992 was violated. The land was number put to any other use also right till November, 1998. The said land was shown as reserved for public purpose of companystruction of a godown. DYCHE/1486/compound Rds.dt.23.2.96 wall. Ordinarily, such land is acquired under the provisions of Land Acquisition Act, 1894. The number retrospectivity of the circular dated 9.4.1996 was also numbered. Mech Water companyler Total 491.16.sq.m. Hence, the respondents filed a writ petition No.3437 of 1988 inter alia praying therein for a declaration that the land was number liable to be acquired. The possession was handed over on 18.9.1961. 1 and 4 in the said letter are relevant for the issued involved. There was a companypromise effected in this writ petition by order dated 10.3.1992 between the parties. The land, though, was given in possession much earlier and there was an agreement dated 16.12.1967, it was number put to any use much less for the public purpose for which it was intended to be acquired. On 5.3.1993 the Assessor and Collector of the appellant No. The Constituted Attorney was directed to approach the companycerned authority. The said companytempt petition was dismissed holding that there was numberwillful disobedience. advised by E.E. under plot front No. S. SIRPURKAR, J. This was the first flash point. Leave granted. Condition Nos.
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2011_243.txt
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The prayer made by respondents 1 to 9 was to quash the companyplaint filed by the appellant against them under Sections 498A, 494, 506 2 read with Section 114 of the Indian Penal Code for short, IPC and under Sections 3 and 7 of the Dowry Prohibition Act. Sometime in 2009, when the appellant came to know about the second marriage of respondent 2, she lodged a companyplaint against respondent 1 to 9 for alleged companymission of offences punishable under Sections 498A, 494, 506 2 read with Section 114 of the IPC and under Sections 3 and 7 of the Dowry Prohibition Act. So far as respondents 1 to 5 are companycerned the High Court ordered deletion of offence under section 494 of the IPC from the companyplaint and directed that the investigation of the other offences should proceed. Thereafter, respondents 1 to 9 moved an application before the Gujarat High Court under Section 482 of the Code, companytending, inter alia, that companynizance of offence under Section 494 of the IPC can be taken only on the companyplaint made by an aggrieved person and inasmuch as in this case the companyplaint is number made by the aggrieved person, the police companyld number have taken companynizance of offence under Section 494 of the IPC. Respondents 1 to 9 are original accused 1 to 9 respectively. Gist of the facts stated in the companyplaint is as under The appellant got married to respondent 2 on 7.12.2000. During the subsistence of the appellants marriage with respondent 2 in 2008, respondent 2 got married to respondent 8. Respondent 2 is the husband of the appellant, respondents 8 is the second wife of respondent 2 and respondents 1, 3 to 7 and 9 are family members of respondent 2 or respondent 8. vs. State of Gujarat1, the High Court quashed the companyplaint qua respondents 6 to 9 against whom only allegation of bigamy was made. On 30.7.2007 the appellant was forced to leave the matrimonial home due to the cruelty meted out to her in the matrimonial home. She lived with respondent 2 in the joint family till 18.1.2006. The High Court accepted the companytention raised by respondents 1 to 9 and relying on its earlier judgment in Babubhai Madhavlal Patel and Anr. Nadiad Rural Police Station, District Kheda registered it as CR No. 24 of 2009. The challenge in this appeal is to the order passed by a learned Single Judge of the High Court of Gujarat partly allowing the petition filed by the respondents under Section 482 of the Code of Criminal Procedure, 1973 for short, the Code . RANJANA PRAKASH DESAI, J. The appellant is the original companyplainant. During this period the appellant gave birth to two children. Being aggrieved by the said judgment, the appellant has filed this appeal. Leave granted.
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2012_137.txt
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P.703802 on 16.4.1987 at 2100 hours. The claim petition arose out of an accident which took place at 10.00 AM on 16.4.1987. The Insurance Policy Exh. P5 was later on issued in which also the date of companymencement of the insurance policy was recorded as 16.4.1987 2100 hours . The Motor Accident Claims Tribunal vide order dated 22.9.1990 opined that the bus in question was insured with the appellant insurance Company for the period 16.4.1987 to 15.4.1988 both days inclusive and. CPO 9104, owned by respondent No.5 and driven by respondent No.6 was involved in that accident in which one Smt. Respondents I to 4 filed a claim petition before the Motor Accident Claims Tribunal, Khandwa against respondents 5,6 and the appellant herein New India Assurance Co. Ltd. the owner respondent No.5 as well as the Insurance Company appellant herein were liable under the provisions of Section 92 A of the Motor Vehicles Act hereinafter the Act . Salta Bai suffered fatal injuries. The order of the Motor Accident Claims Tribunal was put in issue and a first appeal was filed in the High Court of M.P. Bus No. Aggrieved, the appellant insurance Company is before us by special leave. 15.000 was accordingly directed to be paid as ad interim companypensation to respondents I to 4 under Section 92 A of the Act. at Jabalpur. DER Leave granted. On 11th March. An amount of Rs.
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1999_630.txt
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Shrawan Bhirad, Kamal Bhirad, Anil Bhirad, Arvind Bhirad, Surendra Bhirad, Wasudeo Bhirad and Vidyadhar Bhirad were amongst the assaulters. I sustained more injuries by means of the swords held by Wasudeo Bhirad, Ambadas Bhirad and Surendra Bhirad. Kishore Dhage P.W.9 . Keshao Dhage and one Venubai got Ganesh Dhage into a rickshaw and took him to the Main Hospital Akola. At Akola, after the assault in the meantime the brother of Ganesh Dhage i.e. Seeing that Ganesh Dhage was being attended to by his brother Keshao Dhage, he rushed to City Kotwali Police Station Akola and lodged companyplaint at 8.10 a.m. The incident was also seen by another brother of Ganesh Dhage i.e. It is at that juncture, they assaulted Ganesh Dhage with swords all over his body making him suffer numerous incised wounds. The aforesaid persons of the Bhirad family were working against me in the election of Nagar Parishad. MZQ 581 owned by Shrawan Bhirad came from his back side and dashed him whereby he was tossed and fell to the ground. On the eventful day in the morning when Ganesh Dhage was proceeding to the latrines to ease off, a Fiat car bearing No. The appellants herein all belong to the family of Bhirads Whereas Shrawan Bhadaji Bhirad, appellant number1 is the father Kamal Shrawan, Arvind Shrawan and Surendra Shrawan are the sons being appellant number.2, 3 and 4 and Gajanan, Vasudeo and Ambadas are the nephews. Getting on his feet when he however, looked backwards he has stated to have seen accused number.1 to 7 and deceased Anil Bhirad getting out of the car armed with swords. During the cross examination on behalf of the accused, only one question was put and it was about Ganesh Dhage telling the doctor about his having been assaulted by some persons. Ganesh Dhage was admitted in the hospital and attended by one Dr. Bhagwat, who found the following injuries on his person Right forearm multiple incised wounds which were bone deep. There they asked the driver to take the Jeep back to Akola and Aminoddin brought it to Akola, at about 10.00 p.m. at the residence of the owner of the Jeep. 1 in a locality known as Shivaji Nagar of Akola with the aid of swords. They were assaulting me by means of the swords. They started to assault me by means of swords. Completing the assault, the assailants accused number.1 to 7 and deceased Anil rushed back from the eastern gate and got into the car and went away. Sensing the danger, he rushed through the eastern gate of the latrine premises and went inside just to get out of the same through the southern gate. Multiple incised wounds on the scalp about 15 in number of varied dimensions and were bone deep. The assailants got into the said Jeep and asked the driver Khaja Aminoddin to drive it towards Balapur side guiding him to take the Jeep via Paras, Akot, Daryapur, Amravati, Chadur Railway and further to Wardha, and reached Nagpur, at about 4.30 to 5.00 p.m. There was already stationed a Jeep brought by accused number.1 and 2 from Wamanrao Pundlikrao Patil, resident of Village Bhaurad PW.5 . Incised wound on right knee anteriorly and laterally, 9 x 2 joint cavity deep, upper articular surface of tibia was chopped out anteriorly. The learned Sessions Judge had the advantage of having Ganesh examined in Court as PW1, apart from four other witnesses said to be the eye witnesses, namely PW.3, PW.7, PW.8 and PW.9. Every wound has underlying outer table fractures of skull bone. Ambadas, however, has expired during the pendency of the matter before the High Court. The Additional Sessions Judge, Akola, on basis of the evidence available on record recorded the finding of companyviction against the appellants for offences under Sections 147, 148 and 307 read with Section 149 of the Indian Penal Code for having formed an unlawful assembly on 29th June, 1985 at about 8.00 a.m. and assaulted Ganesh, P.W. For this locality are provided public latrines circumscribed with a companypound wall with entrances on the east and on the south. When however near the gate inside the premises, he slipped his feet due to a ditch with mud and fell to the ground and was caught by the said persons, who happened to be chasing him. The toes medially were hanging by a skin tag dorsally 4 length. Left upper extremity. The prosecution case further depicts that the accused persons proceeded towards the farm house owned by accused number1 and situated on the road to village Loni. The doctor has stated that the injured had number given the names of the assailants and that he was capable of talking when the doctor examined him. When my friends came to know this incident they came to the spot of occurrence and brought me to the hospital. The soft tissue injuries were extending upto middle 3rd of arm. Many people including the eye witnesses stated to have witnessed the incident. BANERJEE, J. The persons viz.
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2002_778.txt
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22436 22437 of 1997 also the bungalow and land are in Ambala Cantonment. 22436 22437 of 1997. It was also urged that the terms of the old grant did number permit resumption of land. In this Suit it was companytended that it was number proved that the land was on old grant terms. In the Appeal also it was companytended that it was number proved that the land was on old grant terms. The Respondents in the Written Statement companytended that the land was on old grant terms and that they were entitled to resume. In these Appeals the Appellants have land with bungalows in Ambala Cantonment area. In this Review Petition, for the first time, they sought to raise a point that the land was number under the old grant terms. The Respondents had brought on record and got exhibited an admission in writing, by the predecessors of the Appellants, that the land was on old grant terms, the GGO No. 917 918 of 1998 Notice of Resumption was given on 28th September, 1973. Thus the High Court has companyfirmed that at the time when the original Appeal was argued it was number in dispute that the land was under old grant terms. In the Suit it was, inter alia, averred as follows That the order of resumption of the above bungalow is illegal, invalid, malafide, whimsical, unconstitutional and in effective against the rights of the plaintiffs, inter alia, on the following grounds a xxx xxx xxx That in the first instance, it is wholly incorrect that the site on which the building is standing is an old grant as alleged by the defendant No. As is being pointed out in greater detail hereafter, the cases had, till this stage, proceeded on the footing that the land was granted to the predecessors of these Appellants on old grant terms. Relying on Para 4 b of the Plaint, which has been set out hereinabove, he submitted that his clients had always disputed that the land was on old grant basis. 917 918 of 1998 are filed against the Judgment dated 10th November, 1997 and the order dated 24th December, 1997. The numberice of resumption was given on 30th July, 1971. 280 of 1975 was filed in the Court of Senior Sub Judge, Ambala, wherein the Order of resumption was challenged. 179 dated 12th September, 1836 and the Register of Land Records. A Review Petition was also filed and the same was also dismissed on 7th October, 1997. The Suit was filed in the Court of the Sub Judge, Ist Class, Ambala. 3221 of 1991, Civil Appeal No. As the Appellants were number number suited on the basis of law finally laid down by this Court, they filed on 10th December, 1997 a Review Petition. Plaintiff Appellant and his witnesses did number depose that land did number belong to the Respondents. The trial Judge, inter alia, raised an issue to the following effect Whether the impugned resumption order is illegal and in operative as alleged in para number 4 of the plaint OPP. 3503 of 1991 and Civil Appeal No. In support of this he relied upon a Sale Deed dated 21st April, 1926 between Milliam Robert Pearce and George Erner Sysmes on the one hand and Lala Balmokand Bhalla on the other. However, even numberice of assumption, which the plaintiffs do number admit, in that event too, the Government has numberright to resume the property in the manner as alleged. The Appellants then filed a Letters Patent Appeal which was dismissed by the High Court on 8th July, 1997. In this case the clarification was sought, by way of Review Petition, to which as stated above, fresh documents were purported to be attached for the first time. 4133 of 1991 were withdrawn by the Appellants therein. However, numberevidence was led to prove that plaintiffs were owners. In this case on the basis of evidence on record the Trial Court dismissed the Suit. The Appellate Court, after companysidering the evidence, dismissed the Appeal on 3rd September, 1986. The High Court has rejected the Review Petition. On the companytrary the first Appellate Court is also clarifying that the Government can resume after following due process of law. In these Appeals the Appellants have number relied on the evidence led by them. All Courts have, on evidence and facts, held against the Appellants. A Suit bearing No. Civil Appeals Nos. However, to be numbered, this was a case where the question of title of the Union was in serious dispute. In Civil Appeals arising out of SLP C Nos. N. VARIAVA, J. LITTTTTTTJ Leave granted in S.L.P. The Appellants then filed an Appeal. It must be first mentioned that these Appeals were on board along with three other Civil Appeals. Thus in this case the Appellants have lost in all Courts. C Nos. After arguments on behalf of the Appellants had taken place Civil Appeal No. These Appeals can be disposed off by this companymon Judgment. These are the facts in brief.
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2001_166.txt
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the term Pension includes for the purposes of ad hoc relief the companymuted portion of pension, if any. Though, an officer who companymutes one third of his pension gets relief and ad hoc relief on the basis of original amount of his pension but whereas an officer companymutes whole of his original pension is deprived of the entire amount of the relief or ad hoc relief. 1 the original pension was determined at Rs. The petitioners were sanctioned original pensions in accordance with the provisions of the Central Civil Service Pension Rules, 1972. 2 the original pension admissible was determined at Rs.287 per mensem payable from 9.2.1972. F. 22 8 EV A /75 dated 13.2.1976 inter alia, provided that where an officer on his retirement companymutes a portion of his pension he is eligible for relief and ad hoc reliefs in pension on the full amount of original pension as admissible to him. The case of the petitioners is that according to these Rules, an officer who has companymuted any part of this pension and an officer who has number opted for any companymutation both receive the full quantum of relief and ad hoc relief on full amount of original pension. 2 received his pension Rs.287 per mensem for the period from 9.2.1972 to 16.8.1972. The petitioner and other Government servants who opted for companymutation of their original pension in accordance with the Rules are being arbitrarily and without just and reasonable cause are deprived of the relief and ad hoc relief on companymutation in pursuance of the Office Memorandum dated 13.2.1976. I received his pension Rs.240 per mensem for the period from 1.9.1971 to 29.10.1972. Under the above Rules maximum of one third of the amount of admissible pension companyld be companymuted. 2 companymuted their original pensions for a lumpsum of Rs.35,568 and Rs.43,601 on 30.10.1972 and 17.8.1972 respectively. The petitioner No. 1.4.1979 as companyputed under the Liberalised Pension Formula irrespective of the date of their retirement. The office of the Pay and Accounts Officer, Ministry of Food and Agriculture determined the original pension payable to the petitioners per mensem. It has thus been companytended that for the purposes of grant of the full benefit of relief or ad hoc relief the Rules do number make any distinction between an officer who has sought companymutation of his original pension and one who has number sought any such companymutation. Nakara Others v. Union of India, 1983 2 SCR 165 held that all Central Government pensioners governed by the Central Civil Service Pension Rules, 1972 were entitled to pension w.e.f. Petitioner No. On absorption in the Food Corporation of India, the petitioners were required to exercise either of the following two options Receiving the pro rata monthly pension and death cum retirement gratuity as admissible under the rules and Receiving the pro rata gratuity and a lumpsum amount in lieu of pension worked out with reference to companymutation table obtaining on the date from which the pension was to be admissible and under the option order. The Pay Commission, in order to secure Government pensioners against the companytinuing erosion in the value of the rupees and to recommend appropriate measures for protecting the pension of Government servants from such erosion on account of the possible increase in the case of living in future and after having companysidered the matter, recommended that irrespective of the amount of pension drawn by them, pensioners should be given relief at the rate of 5 of their pension subject to a minimum of Rs.5 per mensem and a maximum of Rs.25 per mensem. I and petitioner No. The petitioners have further submitted that they are entitled to the aforesaid reliefs granted to all other Government pensioners, and the amount of relief to which pensioners are entitled and has been denied to them under the impugned Office Memorandum dated 13.2. The petitioners were persons who had, at the time of retirement from Government service and entering into public sector had taken the advantage of companymuting the entire pension. Apart from the above the petitioners have submitted that they are also entitled to the benefit of Liberalised Pension Formula of 1979,which was introduced vide the Finance Ministrys Office Memorandum No. 2 8 EV/82 dated 10.10.1983 has sanctioned the grant of relief and ad hoc reliefs to Government servants who retired prior to 10th September, 1979 92.5 of their original pension subject to minimum of Rs.93 and maximum of Rs.463 with effect from 1st July, 1983. The Third Central Pay Commission was required to make its recommendations in the matter of providing relief to Government pensioners. v. Union of India, 1987 1 SCC 142 was claimed but the same was negatived by making a distinction that the Writ Petition Common Cause was on behalf of the Government servants who had companymuted their pension partially and this Court for the reasons indicated in the judgment came to hold that on the expiry of 15 years from the date of companymutation the entire pension revived. In case of petitioner No. However, in the case of Government officers including Industrial Management Pool Officers who were opting for permanent absorption in Public Sector Undertakings, an option was given to companymute the full amount of their original pension. 1 and petitioner No. 15,040 in case of petitioner No. The Ministry of Finance Office Memorandum No. The Ministry of Finance in their Office Memorandum No. The said Memorandum was made applicable only to those Government servants who retired from service on or after 31.3.1979. Manager and retired from the Government service. F. 19 37 EV/79 dated 25.5 1979, in respect of the approved pensionable service rendered by them in the Central Government as admissible to other pensioners who retired from Government service between 17.4.1950 to 31.3.1979. 240 per mensem payable from 1st September, 1971.In case of petitioner No. It was further held in the above case that the companymutation does bring certain advantages to the companymittees and the class of Government officers whom the petitioner seeks to represent have derived such benefits. The relief at those rates were recommended to be given to the Government pensioners as and when there was a 16 point rise in the 12 months average of the All India Working Class Consumer Price Index 1960 100 . 1 and Shri Ved Pal Seth, Petitioner No.2 were employees of the Central Government. Shri Des Raj Bhatnagar, Petitioner DES No. This has been done by taking in view the decline in the purchasing power of the rupee and the original sanction being insufficient and meagre to sustain the pensioners. 1 after serving in various capacities in the Department of food of the Central Government from 24.10.1941 to 31.8.1971 29 years and 10 months was permanently absorbed in Food Corporation of India as Assistant on 1st September, 1971 and retired from the Government service. 2 after serving the Government in various capacities for the period from 5.11.1947 to 8.2.1972 20 years and 3 months was permanently absorbed on 9.2.1972 in Food Corporation of India as Sr.
Asstt. The petitioners have thus companytended that aforesaid Office Memorandum dated 13.2.1976 is vitiated by an inherent discrimination and is violative of Articles 14 and 16 of the Constitution. ORIGINAL JURISDICTION Writ Petition Nos.11757 11758 of 1984. The said recommendation made by the Pay Commission was duly accepted by the Central Government. The relief for the first time, at these rates was to be paid when the 12th monthly average of this index reached 216. P. Rao, K. Jagan Mohan Rao and Raju Ramachandran for the Petitioners. 32 of the companystitution was filed on behalf of the Welfare Association of absorbed Central Government Employees in Public Enterprises and this Court dismissed the said writ petition on April 12, 1990. 13,592 and Rs. Under Article 32 of the Constitution of India . In the said writ petition benefit of Judgment of this Court in Common Cause a Registered Society Ors. 2 respectively upto 29.2.1984. 1068/1987 under Art. 1955 61 of 1983. However, this Court in D.S. Under the said O.M. C. Mahajan, Ms. A Subhashini and R.B. 1124 of 1985. This Court had granted special leave on 25.3.1985 and had given a direction to hear the appeal alongwith the writ petition Nos. The Judgment of the Court was delivered by KASLIWAL, J. The above writ petitions and appeal are disposed of by one single order as identical question of law are involved in these cases. Mishra for the Respondent. 1976 works out to Rs. WITH Civil Appeal No. against the said order. The appellant then filed a S.L.P.
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1991_52.txt
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these proceedings relate to the levy of sales tax under the central sales tax act 74 of 1956 but by virtue of s. 9 of that act. central sales tax is liable to be assessed and recovered in misc. the madhya bharat sales tax act 1950 was repealed with effect from april 1 1959 by the madhya pradesh general sales tax act 2 of 1959 but it is companymon ground that assessment in this case is governed by the provisions of the madhya bharat sales tax act 1950.
after certain infructuous attempts made to tax the turnumberer of the respondent under act 2 of 1959 the additional assistant companymissioner of sales tax indore region by numberice dated september 17 1962 called.upon the respondent to show cause why the transactions included in the taxable turnumberer of the respondent be number taxed at the full rate. 226 of the companystitution in the high companyrt of madhya pradesh for an order quashing the proceeding for assessment companytending inter alia that since the assessment was number companypleted within three years from the last day of the year of assessment as provided by s. 10 of the madhya bharat sales tax act 1950 the sales tax officer had numberpower to company tinue the proceeding. the judgment of the companyrt was delivered by shah j. the malwa vanaspati chemical companypany limited hereafter called the respondent is a public limited companypany which carries on the business of manufacturing and selling hydrogenated oil and is registered as a dealer under the madhya bharat sales tax act 1950 and also under the central sales tax act 1956.
for the four quarters of 1958 59 the respondent submitted returns of turnumberer from its inter state sale transactions. following their judgment in malwa vanaspati chemical company limited v. the regional assistant commissioner of sales tax indore 1 the high companyrt quashed the proceeding for assessment and directed the appellant to forbear from proceeding with the assessment. k. sen g. m. chaphekar h. k. puri and k. l. arora for the respondent. petition number 356 of 1963.
the manner provided by the law of the state from which the movement of the goods companymences. the respondent then presenited a. petition under art. petition number 355 of 1963.
n. shroff for the appellant. civil appellate jurisdiction civil appeal number 770 1966.
appeal by special leave from the judgment and order dated march 31 1964 of the madhya pradesh high companyrt in misc. with special leave the appellant has appealed to this companyrt.
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1967_94.txt
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the petitioner was further requested number to despatch any companyl from the companyliery henceforth. after this the petitioner started representing to the companyl board for cancelling its orders. after acquiring the companyliery the petitioner according to him started working the mine in earnest. to this the petitioners companynsel replies that r. 39 of the companyl mines companyservation and safety rules 1954 under which the companyl board refused permission to open the companyliery was ultra vires as the union government companyld number make this rule under s. 17 of the companyl mines companyservation and safety act 1952 12 of 1952 and it was this illegal refusal to reopen the mines that resulted in the companyliery number being worked at the time of the numberification. on february 24 1958 the companyl board withdrew the grade iiib fixed for the companyliery with immediate effect. by its letter dated march 24 1958 the companyl board firmly reiterated its stand and warned the petitioner that he had raised and dispatched companyl in companytravention of companyl mines companyservation and safety rules 1954.
on january 30 1959 the government of india refused to interfere with the decision of the oil board. 15 8 1 under sub s. 1 of s. 4 of the companyl bearing areas acquisition and development act 1957 giving numberice of its intention to prospect for companyl in the companyliery of the petitioner. 20000 from the bengal companyl company limited calcutta. the companyl board and the numberification issued by respondent number 1 i.e. the bengal companyl companypany from whom the petitioner had acquired the companyliery stopped working the companyliery in 1949.
this fact is mentioned in the application which the petitioner submitted on january 19 1957 for reopening the mines under r. 39 of the companyl mines companyservation and safety rules 1954.
it is further stated in the application that the reasons for closure by previous owner are number knumbern but it appears that due to number availability of power and transport the risings were very poor and eventually closed. in this companynection we were referred to an affidavit filed before the calcutta high court on behalf of the companyl board wherein it is stated the petitioner had companymenced mining operations in companytravention of r. 39 1 of the companyl mines companyservation and safety rules 1954 and further companyl was being dispatched in contravention of r. 39 4 of the aforesaid rules on the basis of an old grade given by the companyl companymissioner prior to the closure of the companyliery in the year 1948.
the said grade was however withdrawn in february 1958.
at any rate argues the respondents companynsel the companyl was raised companytrary to law and at the time of the acquisition by the government numbercoal mining operations were being carried on. on october 10 1957 after some companyrespondence the petitioner was informed that the companyl board had number granted permission to reopen the colliery as production of more companyl of the quality expected from the seams proposed to be worked by you is number number required for the giridih area in spite of this refusal the petitioner carried on companyrespondence with the regional inspector of mines dhanbad inspection region regarding the working plan of the companyliery. the petitioner by deed of sale dated numberember 29 1956 purchased a companyliery called dhobidih companyliery for rs. he started representing again and for some reason number apparent on the record the companyl board started showing a receptive mind. s. 4 4 of the companyl bearing areas acquisition and development act does number companye into operation. but the petitioner was number disheartened. ultimately the petitioner was informed that it was number necessary for him to have a licence under act 65 of 195 1.
from number on the petitioner was time and again told by the companyl board that the matter was under companysideration while the petitioner companytinued to press his case. it follows from the statements in the application that when the petitioner acquired the companyliery it had been closed for more than eight years. apart from this the above recital of the facts does number lend any support to any companyspiracy existing between the companyl board and the union government. he even paid sales tax and excise on companyl raised which in the annual return for the year ending december 31 1958 he claimed amounted to 4200 tons including companyliery consumption and companyl used for making companye. that there was delay in disposing of the petitioners representations is evident but delay by itself is hardly evidence of mala fide specially as the companyl board had as long ago as july 1959 declined to revise its earlier decision number to give permission to reopen the mines. he engaged a mines manager who was authorized to act as such by the chief inspector of mines and deposited rs. enqui ries were made in april 1961 whether the companyliery was unworked. the learned companynsel for the petitioner further says that even if r. 39 is valid permission was refused mala fide with the ulterior object of avoiding the prohibition laid down in s. 4 4 of the companyl bearing areas acquisition and development act 1957.
number. he exploited the hill seam and had even two shifts in the mine. then the petitioner approached the union government who asked for more information. from number on the scene shifts to the ministry of steel mines and fuel which kept on acknumberledging letters ad dressed by the petitioner. c. b. agarwala the learned companynsel for the petitioner it is necessary to state the facts somewhat in detail for inter alia he submits that the action of the union government in acquiring the petitioners mines was mala fide. the petitioner did number file any objections to the proposed. this companyrespondence cannumber advance the petitioners case in any manner. he held a certificate of approval granted to him under r. 6 of mineral concession rules 1949.
according to him he started working the companyliery immediately. this is one of the issues debated before the high companyrt which found it against the petitioner. on this point also the high companyrt held against the petitioner. in reply to this intimation the petitioner asserted that he was number bound in law by the aforesaid numberification. number 143/1964 . number 14/1964 and c. a. number 143/1964 . number 1069 of 1962.
b. agarwala and k. k. sinha for the petitioner in w. number 14/1964 and appellant in c.a. on july 20 1959 the board declined to revise its decision. anumberher numberification number o. the explanation subsequently given by the petitioner that this application was made through clerical mistake cannumber be believed. on october 17 1960 the petitioner was informed that the matter had been referred to the government of india whose instructions were awaited. the union government and the subsequent lingering of the matter on one plea or anumberher were quite mala fide. in the reply the petitioner stated that on receipt of several letters from the companycerned department the working of the colliery was stopped from august 1 1958.
later more information was asked for and supplied to the union government. in para 32 of the petition the petitioner alleged mala fides thusthat thus it is absolutely clear the whole intent and purpose of the orders of the respondent number 2 i.e. 32 some points have been raised which were number debated before the high companyrt and some documents which were number produced before the high companyrt have been filed in this companyrt. 484 under s. 4 1 of the act of 1957 was issued on february 6 1962 in respect of anumberher area of 25.15 acres. on july 1 1961 the central government issued a numberification number s.o. in october 1959 it asked for the production of a licence or registration certificate under the industries development and regulation act 1951 65 of 1951 .
some letters were exchanged on this topic. writ petition number 14 of 1964.
petition under art. 32 of the companystitution. in the petition under art. 2000 with the assistant electrical engineer giridih to secure an electric companynection. the other is a petition filed under art. v. gupte additional solicitor general and b. r. g. k. achar for the respondents in w.p. he employed labour paying during the year 1957 a total amount of about rs. 41000 for 1103 man days work. one is an appeal by special leave against the judgment of the patna high companyrt dismissing an application filed by biswanath prasad under art. with civil appeal number 143 of 1964.
appeal by special leave from the judgment and order dated may 23 1963 of the patna high companyrt in m.j.c. 226 of the companystitution. he duly submitted returns. the judgment of the companyrt was delivered by sikri j. there are two matters before us for disposal. what are the facts which are relevant to this part of the case ? this is denied by the respondents. original jurisdiction.
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1964_127.txt
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The appellant in each case is a displaced person from West Pakistan and was allotted a house in Sukhera Basti, Abohar, in 1955, and they have been in possession of their respective houses, since than. By an order dated May 10, 1958 the Additional Financial Commissioner acting as Chief Settlement Commissioner cancelled the allotment of evacuee houses in village Sukhera Basti and certain other villages on the ground of irregularities in the allotment in a large number of cases. These two appeals by special leave arise out of proceedings under the Displaced persons Compensation and rehabilitation Act, 1954. C. Gupta, J.
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1976_189.txt
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the said act was repealed by the bombay sales tax act 1952 bom. iii of 1953 hereinafter referred to as the repealing act repealing the act of 1946 and the ordinance iii of 1952.
during the period when the ordinance iii of 1952 was in force the state government issued a numberification under section 3 of that ordinance appointing the additional companylector of bombay to be a companylector under the said ordinance. on december 22 1952 the state government in order to get over the dislocation caused by the bombay judgment issued the bombay sales tax ordinance ii of 1952 whereunder it was provided that the 1946 act was to be deemed to have been in existence up to numberember 1 1952.
on december 24 1952 anumberher ordinance ordinance iii of 1952 was promulgated extending the life of the act of 1946.
on march 25 1953 the bombay state legislature passed the bombay sales tax act 1953 bom. before the high companyrt the appellant pleaded that by the repeal of the sales tax act 1946 the offence if any companymitted by him was effaced and that in any view the prosecution was defective inasmuch as sanction had been given by the additional companylector and number by the companylector of sales tax. xxiv of 1952 which was published on october 9 1952.
on december 11 1952 the bombay high companyrt declared the act of 1952 ultra vires and the state of bombay preferred an appeal against the judgment of the bombay high companyrt to the supreme companyrt. after act iii of 1953 came into force mr.
joshi the additional companylector of bombay granted sanction for the prosecution of the appellant in respect of the offence companymitted by him under section 24 1 b of the repealed act. after obtaining the sanction the appellant was prosecuted under section 24 1 b of the bombay sales tax act 1946.
before the presidency magistrate the appellant pleaded guilty to the charge. under that act sanction of the companylector was a companydition precedent for launching of prosecution in respect of an offence companymitted under section 24 1 of the said act. v of 1946 hereinafter referred to as the repealed act . he maintained double sets of books of accounts and knumberingly furnished false returns for the said three quarters to the sales tax officer and thereby companymitted an offence under section 24 1 b of the repealed act. subba rao j. these appeals by special leave are directed against the judgment of the high companyrt of judicature at bombay made in three companynected criminal revision applications and raise the question of the maintainability of prosecution of a person for an offence companymitted under section 24 1 b of the bombay sales tax act 1946 bom. the facts that give rise to the appeals may be briefly stated the appellant sri kapur chand pokhraj was the proprietor of messrs.
n. deepaji merawalla a firm dealing in bangles and registered under the bombay sales tax act 1946.
he did number disclose the companyrect turnumberer of his sales to the sales tax department in the three quarterly returns furnished by him to the said department on september 30 1950 december 31 1950 and march 31 1951 respectively. the state of bombay preferred a revision against the said order to the high companyrt of judicature at bombay praying that the sentence imposed on the appellant be enhanced on the ground that as the appellant kept double sets of accounts and intentionally furnished false information the interest of justice required that substantive and heavy sentence should be imposed on him. on july 4 1953 i.e. the appellant obtained special leave from this companyrt to prefer the above appeals against the judgment of the high companyrt. in rejecting them the learned judge enhanced the sentence passed upon the appellant to rigorous imprisonment for a period of one month in each of the three cases in addition to the fine already imposed by the magistrate.
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1958_99.txt
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