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The claim raised by the workmen excluding clerical staff was numbered as Ref. I. T. No. 40 of 1956, while that made by the clerical staff was numbered as Ref. This claim was made separately by the workmen excluding the members of the clerical staff as well as by the clerical staff and the two claims thus made were referred by the Bombay Government to the Industrial Tribu nal for its adjudication. Its business is to manufacture and sell oxygen and acetylene. 40 44 of 1956. 44 of 1956. L. Dudhia and I. N. Shroff, for respondent No. H. Buch and I. N. Shroff, for respondent No. T. No. This appeal by special leave arises from a bonus dispute between the Indian Oxygen Acetylene Co., Private Ltd., hereafter called the appellant and its workmen, the relevant years for the bonus claim being 1952 53 and 1953 54. Both categories of workmen will hereafter be described as the respondents in this judgment. 753 of 1957. Appeal by Special Leave from the Judgment and Order dated the 6th October, 1956, of the Industrial Tribunal, Bombay, in Reference I. T. Nos. Janardhan Sharma and B. P. Maheshwari, for the Intervener. B. Dadachanji and S. N. Andley, for the appellant. K. Daphtary, Solicitor General of India, N. A. Palkhivala, J. The appellant is a private limited companypany incorporated in 1935 and it has its head office at Calcutta. The Judgment of the Court was delivered by 1004 GAJENDRAGADKAR, J. CIVIL APPELLATE, JURISDICTION Civil Appeal No. May 5.
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1959_27.txt
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The Baby Mill, the Banbury Mill and the Dual Auto Mills were manned by the workmen belonging to Union No. Eleven of these workmen belonged to what is known as the Dual Auto Mill and the twelfth was working on what is described as the Baby Mill. The suspended workmen included these twelve workmen and ten others as already stated. These workmen and several others stopped work from January 21, 1960 and they were placed under suspension on 25/27th January. The workmen were dismissed after a domestic enquiry companymenced on February 4, 1960 which was carried on exparte because these workmen did number choose to be present. Ten other workmen were also dismissed but they were taken back on the intercession of the Government of Bengal. The workmen were again and again requested and ultimately on 25/27th January they were called to the office so that they companyld be served with charge sheets. The Tribunal blamed the Company for companytributing to the strike by its refusal to shift Raghunandan Das from his place of work. By that award the Tribunal set aside the dismissal from service of twelve workmen of the Company and ordered their reinstatement with companytinuity of service but awarded only 25 per cent of the back wages etc. VIII 197 of 1960. 4145, except one Raghunandan Das, Check No. The Dunlop Rubber Co. Ltd. was granted on January 21, 1963 special leave to appeal against the award of the Third Industrial Tribunal, West Bengal dated September 29, 1962. which was being resisted by the Company. The Tribunal held that the enquiry was number proper and some of the witnesses were re examined before the Tribunal whose verdict was against the Company and hence this appeal. Appeal by special leave from the Award dated the September 29, 1962 of the Third Industrial Tribunal in Case No. They declined to accepted the charge sheets and were there and then placed under suspension. This dispute was referred by the Government of West Bengal on July 20, 1960 under s. 10 of the Industrial Disputes Act, 1947. 464 of 1964. C. Chatterjee, D. L. Sen Gupta and Janardan Sharma, for the respondent. V. Viswanatha Sastri, Anand Prakash and D. N. Gupta, for the appellant. during the period they were out of employment treating the period as leave. The Judgment of the Court was delivered by Hidayatullah, J. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1964_149.txt
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The wages of the canteen workers have to be reimbursed by the appellant. These factors were summarised as The canteen has been there since the inception of the appellants factory. It is averred in the petition that the canteen is maintained for the benefit of the workmen employed in the factory and the respondent has direct companytrol over them. All of them were appointed by the companytractor and therefore, they were the employees of the companytractor. The workmen have been employed for long years and despite a change of companytractors the workers have companytinued to be employed in the canteen. Contractor though shown as a companytractor has numbercontrol over the management, administration and functioning of the canteen. Admittedly, the appellants are working in the statutory canteen run by the respondent through companytractor in its factory at Haldia, District Midnapore, West Bengal. The supervision and companytrol on the canteen is exercised by the appellant through its authorised officer, as can be seen from the various clauses of the companytract between the appellant and the companytractor. Aggrieved against this, the appellants filed the writ applications in the High Court companytending therein that the factory of the respondent where the workmen are employed is governed by the provisions of Indian Factories Act, 1948 for short the Factories Act and the canteen where the said workman are employed is a statutory canteen established by the respondent as required under the provisions of the Act. Respondent was treating the appellants as the employees of the companytractor. The companytractor is numberhing but an agent or a manager of the appellant, who works companypletely under the supervision, companytrol and directions of the appellant. No.6274 W of 1990. The workmen have the protection of companytinuous employment in the establishment. The Single Judge had allowed the writ application filed by the appellants and directed the Indian Oil Corporation Limited, Haldia Oil Refinary hereinafter referred to as the respondent to absorb the appellants in its service and regularise their services. No.4310 of 1998. Respondents in their written statement denied that the appellants were its employees or they were entitled to be regularised as such. By the impugned order the Division Bench has set aside the judgment and order of the Single Judge of the same High Court in O. No.6266 W of 1990 with C.O. None of the appellants was appointed by the respondents. Division Bench has set aside the aforesaid direction given by the learned Single Judge and held that the appellants were neither entitled to be absorbed number regularised in the service of the respondent. The premises, furniture, fixture, fuel, electricity, utensils etc. This appeal by grant of leave is directed against the judgment dated 31.03.2000 passed by the Division Bench of the High Court of Calcutta at Calcutta in M.A.T. Short facts of the case are as under Two sets of writ applications were filed in the High Court of Calcutta involving companymon question of law and fact, both of them were taken up together by the Single Judge and disposed of by the companymon judgment. have been provided for by the appellant. BHAN, J.
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2005_203.txt
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The cases of the GDMOs appointed on ad hoc basis in Phase I were referred to the UPSC for its recommendations for the purpose of regularization. The recommendations of the UPSC were companymunicated to the Municipal Corporation of Delhi on 27.06.1991. While the aforesaid writ petition was pending, the Municipal Corporation of Delhi sent the cases of the GDMOs appointed in Phase II to the UPSC for its recommendations for regularization of the incumbents. Aggrieved by their regularization with effect from the date of the recommendation of the UPSC, the GDMOs appointed in the Phase I approached this Court under Article 32 of the Constitution claiming regularization from the date of their initial appointments. This had led the GDMOs appointed in Phase II to file a writ petition Writ Petition C No. The UPSC refused to companysider any of the cases on the ground that the 10 GDMOs appointed in Phase I, who were found by it to be unfit, had number been dismissed from service. Under the said Regulations appointment in the post of GDMO Grade II is required to be made through the UPSC. The UPSC approved 63 cases while holding 10 candidates to be unfit for regularization. Accordingly, by order dated 17.08.1992 the Municipal Corporation regularized the services of the 63 GDMOs recommended by the UPSC with effect from the date of recommendation i.e. In what may be again companyveniently referred to as the Phase II, between 1986 1989, another 69 number of GDMOs were appointed on ad hoc basis on terms similar to the appointments made in Phase I. Between 1982 and 1986 for companyvenience may be referred to as the Phase I 82 GDMOs were appointed on ad hoc basis for an initial term of six months which was subsequently extended from time to time. 27.06.1991. Both sets of appointments were number through the UPSC but were made on the basis of a selection held by a Specially Constituted Selection Committee. They are aggrieved by the denial of their claim to regularization with effect from the dates of their initial appointments. The appellants are General Duty Medical Officers GDMO Grade II who were appointed on ad hoc basis between 1986 and 1989. The post of GDMO Grade II is a Group A post governed by the Delhi Municipal Corporation Health Service Recruitment Regulations, 1982 hereinafter referred to as the Regulations . Regularization granted from the date of the recommendations of the Union Public Service companymission for short UPSC , namely, 24.07.1998 as approved by the High Court of Delhi by means of the impugned order dated 05.07.2011 has been called into question in the present appeal. 1550/1996 before the Delhi High Court. RANJAN GOGOI, J. Leave granted. The relevant facts are as follows.
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2014_790.txt
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six of the items which were mortgaged were released from the burden of the mortgages. on august 25 1933 parisa chougule executed exhibit 92 anumberher deed of mortgage in favour of the same mortgagee for a sum of rs. parisa chougule died on june 15 1934 leaving behind him three sons bhupal an adult and anna and dhanpal minumbers. out of the ten items of land which were mortgaged only four were sold and the remaining six items were released from the burden of the mortgages. on august 31 1951 dhanpal third son of parisa became a major. 131 and executed a simple mortgage exhibit 91 in respect of the very ten items of land companyered by exhibit 92.
on may 1 1935 bhupal purporting to act as the manager of the joint family and the guardian of his minumber brother executed a deed of sale exhibit 90 in favour of ganesh dattatraya kulkarni in respect of four out of the ten items of land mortgaged under exhibits 93 92 and 91.
the companysideration for the sale was rs. 1000 in respect of ten items of land including the land previously mortgaged under exhibit 93.
both the mortgages were possessory mortgages but it appears from evidence that the land was leased back to the mortgagor for a stipulated rent. the judgment of the companyrt was delivered by chinnappa reddy j. on april 15 1930 parisa chougule executed exhibit 93 a deed of mortgage in favour of ganesh dattatraya kulkarni father of the appellants for a sum of rs. on september 23 1946 anna second son of parisa became a major. 1600 in respect of single item of land. 3050 for the sale was inadequate as the lands were worth about rs. on july 11 1934 bhupal borrowed a further sum of rs. 1600 rs. 200 received in cash by bhupal on the date of sale. 1000 and rs. the family was also relieved from the burden of paying rent to the mortgagee under the lease deed. 1232 and 1214/1961. 3050 and was made up of the amounts of rs. on august 27 1953 anna and dhanpal filed the suit out of which this appeal arises for a declaration that the sale deed dated may 1 1935 was number for legal necessity and number for the benefit of the estate and therefore number binding on them. surely all this was for the benefit of the family. the first plaintiff as well as the second defendant preferred second appeals to the high companyrt. the legal representatives of the second defendant have preferred these appeals after obtaining special leave from this companyrt under article 136 of the companystitution. s. desai r. b. datar and lalit bhardwaj and naveen sinha for the appellants. the high companyrt allowed the appeal filed by the first plaintiff and dismissed the appeal filed by the second defendant. v. tambwaker for the respondent. 216 217 of 1970.
appeals by special leave from the judgment and order dated 3 12 1968 of the bombay high companyrt in second appeal number. they also prayed that joint possession of their two third share may be given to them. civil appelate jurisdiction civil appeal number.
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1980_27.txt
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The leading judgment was delivered by D.S Mathur, J with whom Mohd Hamid Hussain, J companycurred. Murtaza Fazal Ali, J This appeal by special leave is directed against a division bench judgment of the Allahabad High Court dt.10 10.73 setting aside the companyviction and sentence imposed by the trial Court on the respondents and acquitting them of the charges framed against them.
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1979_369.txt
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Baijabai PW 8 . Baijabai P.W 8 is their mother. Baijabai also went into a spoon. The deceased Devidas had three brothers, namely, Purbha, Jaiwanta and Ananda. Just at this juncture, Devidas deceased returned home. rence, Devidas and Ananda were living together, while his other brothers were residing separately. At this juncture, Tatya, accused 2, who was present at the door of his premises, asked Baijabai to hold her tongue. Ananda also fell unconscious. He questioned Tatya, accused 2, why he was quarreling with his mother? Ananda PW 9 and Jaiwanta PW 10 , both the companyrts below have found the appellant guilty of murder. On receiving the blows dealt by the appellant, Devidas dropped dead at the spot. On October 7, 1972, at about 7.45 P.M., Shrimati Baijabai PW 8 returned home from the field. Ananda PW 9 came to the rescue of his brother, but the appellant hit him with the axe, while his companypanious assaulted him with sticks. Her shebuffelow browsed the vegetable creepers of Jaijabai. He and accused 4 were carrying sticks, while the appellant accused 1 was armed with an axe. The mother of the deceased tried to intervence the assailants dealt blows to her also. Accused 3 picked up a quarrel with Bajabai. The appellant then suddenly urged a head and gave three blows to Devidas, two with the blunt side and one with the sharp side of the weapon on the head. Accused 2, and 4 also, used their sticks against the deceased. The facts are as follows Accused 1, 2 and 5 are the sons of accused 4 while accused 3 is the wife of Munjaji. They all resided in village Wadi Buzrug. Some sharp words were exchanged between these two womena. The assailants then bolted away. On the basis of the testimony rendered by the injured witnesses, namely, Smt. This appeal by special leave is directed against a judgment, dated April 23, 1976, of the Bombay High Court, whereby the companyviction of the appellant by the Additional Sessions Judge, Nanded, for an offence under Section 302, Penal Code, with a sentence of life imprisonment, was upheld. S. Sarkaria, J. At the time of occur.
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1978_137.txt
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9.2 and Bari Lui at K.M. 6307 of 1995. 8 to K.M. 31.5.1986. 9.8 and also the companystruction of drainage crossings at Chhoti Lui at K.M. The work was to be started on 1.12.1979 and was to be companypleted latest by 31.5.1982. The work entrusted to the respondent contractor was for excavation of Khara Power Channel from K.M. Interest pendente lite was also allowed at 15 per cent and 6 per cent interest was allowed on the amounts found due from the date of the award to the date of actual payment or date of decree whichever was earlier. The arbitrator awarded interest on the amounts found due by him to the respondent at the rate of 15 per cent from 16.11.1983, that is, the date on which the claimant had sought for reference, to 5.1.1988 on different items. The cross appeal is filed by the respondent Harish Chanra Co. in Civil Appeal No.7643 if 1995 who has felt aggrieved by the modification regarding rate of interest as ordered by the High Court in the impugned judgment to the extent it reduced interest from 15 per cent per annum as awarded by the trial companyrt from the date of decree till payment to 6 per cent. The learned Trail Judge Civil Judge, Dehradun, after hearing the parties, by order dated 11th March, 1993 made the award rule of the companyrt and further directed that the claimant shall be entitled to get the ordinary interest of 15.5 per cent per annum on the amount of award with effect from the date of the order upto the satisfaction of the decree. Time was extended and still he did number companyplete and left the work incomplete on 31.5.1986. That required the State to get the work companypleted through other agencies which resulted in incurring of additional companyt by the State in companypleting the said work. The Chief Engineer, Yamuna Valley Projects, Irrigation Department, Dehradun responded to the said letter of the respondent and referred the claims Nos. 7643 of 1995, the appellant State of U.P. It is the case of the appellant State that the respondent contractor did number companyplete the work within the specified time, that is, by 31.5.1982. The said award was sought to be made rule of the companyrt by the respondent. 1, 2, 4 8, 13, 15 and 16 companytained in the claimants aforesaid letter for arbitration to the sole arbitrator Chief Engineer, Irrigation Department of the State. After hearing the parties, the arbitrator rendered his award dated 24th February, 1992. The appellant State raised various objections to the award being made rule of the companyrt. Disputes arose between the parties in companynection with the work which was carried on by the respondent before the aforesaid date, i.e. On 26th October, 1979 an agreement was entered into between the Superintending Engineer, Irrigation Construction Circle, Dehradun on behalf of the appellant State on the one hand and M s. Harish Chandra Co., New Delhi respondent herein on the other. It appears that the respondent issued a letter dated 16.11.1983 regarding various claims put forward in the said letter and seeking arbitration of the said disputes as per the clause companytained in the Special Conditions of the Contract. 9.6. has brought in challenge the aforesaid order of the High Court dismissing its appeal against the award decree passed by the learned Trial Judge subject to a slight modification in favour of the appellant State to which we will make a reference while companysidering the cross appeal arising out of S.L.P. MAJMUDAR, J. Leave granted in S.L.P. C No. A few facts leading to the companytroversy in question may be stated at the outset. We have heard learned senior companynsel for the parties in these two appeals. Both these appeals by special leave arise out of one and the same judgment rendered by the High Court of Judicature at Allahabad. In Civil Appeal No.
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1998_860.txt
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478 of 1989 filed by the petitioner Major G.S. Sodhi has filed this companytempt petition. 478 of 1989 and Criminal MP No. 525 of 1988 filed by Lt.
S.K. 525 of 1988 with a companymon prayer seeking an order for release of their provident fund, gratuity and pension. 8905 of 1990 Writ Petition Criminal No. Duggal. On the ground that the said order has number been companyplied with, Major G.S. Sodhi was dismissed by our order dated 30 11 1990. Sodhi has been paid all his retirement benefits as per the orders of this Court. In the companynter affidavit filed on behalf of the respondent it is stated that pending the above review petition filed by the respondent, the petitioner Major G.S. 3 of 1991 in WP Crl. and therefore the present companytempt petition has been filed. By our order dated 19 3 1991 we directed the respondent namely Union of India to pay the entire provident fund, gratuity and pension as per the rules to each of them within three months from the date of the said order. Along with the said writ petition, we also dismissed another Writ Petition Criminal No. The Judgment of the Court was delivered by JAYACHANDRA REDDY, J. CP No.
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1994_233.txt
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2,500 in favour of Achutaramaraju. As a statement of fact, this was number accurate, because the purchase by Achutaramaraju was only of 81 acres 45 cents belonging to Kumara and the re maining properties companytinued to be held by Rangaraju, and Achutaramaraju was only a mortgagee thereof under Exhibit A. 2,000 over all the 218 acres belonging to them in favour of Achutaramaraju. On 29 8 1920 Kumara sold the 81 acres 45 cents belonging to him and companyprised in the mortgages aforesaid to Achutaramaraju for Rs. On 4 6 1910 Kumara again created a mortgage over 81 acres 45 cents belonging to him, Exhibit Q 1 for Rs. On 19 8 1908 Kumara executed a simple mortgage, Exhibit Q, over 81 acres 45 cents belonging to him for Rs. On 19 7 1909 both Rangaraju and Kumara executed a mortgage, Exhibit A, for Rs. On 14 12 1911 Achutaramaraju executed a mortgage for Rs. 14,000 in favour of one Merla Agastayya, Exhibit C, over the properties which he held in full ownership as companysharer, and also the mortgage right which he held over the properties belonging to Rangaraju and Kumara under the three mortgage deeds, Exhibits Q, A and Q 1. The District Judge of East Godavari to whom this issue was referred, held that the decree directed the sale of only the mortgage rights of Achutaramaraju under Exhibit A. and that the sale of the properties themselves was number in accordance with the decree. 11,000 as per Exhibit G, and thereby the two deeds, Exhibits Q and Q 1 became companypletely discharged and Exhibit A to the extent of the half share of Kumara. In the plaint, it was alleged that the properties companyprised in the mortgage deed, Exhibit C, companysisted of the properties belonging to the mortgagors in full ownership as companysharers and also of the mortgage right under Exhibits Q, A and Q 1. Kumara was impleaded as the 14th defendant and Rangaraju and his son as defendants 15 and 16. Meanwhile, 163 acres 18 cents out of the properties mortgaged under Exhibit A, of which 81 acres 86 1/2 cents belonged to Rangaraju, were brought to sale on the 14th and 15th April 1936, and purchased by the decree holder himself. Achutaramaraju, the mortgagor, and the members of his family were defendants I to 4 in that suit. The position then was that Achutaramaraju became the owner of 81 acres 45 cents out of the properties mortgaged under Exhibit A, and companytinued to be a simple mortgagee as regards the rest of them to the extent of half the amount due therein. One of these shares of the extent of about 218 acres was, at the material dates, held in companymon by two brothers, Rangaraju and Kumara, the former owning 136 acres 45 cents and the latter 81 acres 45 cents. There were the further allegations that defendants 14 to 16 were impleaded as parties because they were in possession of the properties, and that they were the predecessors in title in respect of the properties which were mortgaged under Exhibits Q, A and Q 1. 25 of 1927 on its true companystruction directed a sale only of the mortgage rights which Achutaramaraju had over the A schedule properties, and that the sale of the properties themselves in execution of that decree was in excess of what the decree bad directed.,
and was therefore void, and that the plaintiffs were accordingly entitled to recover possession of those properties ignoring the sale. 99 of 1934 praying for the sale of the hypotheca including the properties mentioned in Exhibit A. 268 of 1936 in the District Munsifs companyrt, Rajahmundry for a declaration that the decree in O.S. 25 of 1927 was obtained by suppressing service of summons, and was therefore void and companyld number affect their title to 136 acres 45 cents which were mortgaged under Exhibit A. But before possession was taken, on 14 12 1936 Rangaraju and his sons instituted O.S. On 20 1 1924 the representatives of Merla Agastayya assigned their interests in the mortgage, Exhibit C, to the present appellant, who instituted O.S. Then there was an allegation that defendants I to 4 had themselves purchased the mortgaged properties towards discharge of the first defendants mortgage debts. 1,000 in favour of Nallapparaju, who with his undivided brother, Achutaramaraju, held a share in the two parcels of land aforesaid in Kalavacherla and Nandarada. All these lands measuring 543 acres 65 cents were purchased by five companysharers on 5 6 1888 under two sale deeds, Exhibits P and P 1. By virtue of section 70 of the Transfer of Property Act, the sale under Exhibit G would enure for the benefit of the mortgagee, Merla Agastayya, being an accession to the interest of his mortgagor. 25 of 1927 had been obtained fraudulently, and that the decree holder was number entitled to execute the decree as against their pro perties. This is an appeal by special leave against the judgment of the Madras High Court in a second appeal which reversed the companycurrent judgments of the companyrts below, and granted a decree in favour of the respondents for partition and possession of 126 acres 33 cents out of a parcel of land of the extent of 503 acres 18 cents in the village of Kalavacherla and of 10 acres 12 cents out of a parcel of land of the extent of 40 acres 47 cents in the village of Nandarada, with mesne profits, past and future. No. Then there was the general prayer for the sale of the properties. There, for the first time the companytention was pressed that the decree in O.S. In his written statement, the appellant denied that the decree in O.S. Defendants 15 and 16 then intervened, and filed an objection to their being sold on the ground that the mortgage had been discharged in 1923, and that the exparte decree against them had been obtained fraudulently. 39 of 1939 on the file of the District Court, East Godavari for a declaration that the decree in 0. 1826 of 1945 from Original Decree dated the 16th March, 1945, of the Court of District Judge, East Godavari at Rajahmundry in A.S. No. The suit was transferred to the companyrt of the Subordinate Judge of Rajahmundry, and was numbered as O.S. He also pleaded that as he had purchased the properties in execution of the decree and obtained possession thereof, the suit which was one for a bare declaration that the decree was void and inexecutable was number maintainable. The mortgagors, defendants 1 to 4, entered into a companypromise with the plaintiff, while defendants 14 to 16 remained expert. The sale was companyfirmed on 26 6 1936, and possession taken on 15 12 1936. On this finding, the second appeal came up for final disposal before Satyanarayana Rao, J. who agreed with the District Judge that the sale of the properties was number authorised by the decree, and was therefore void. Thereupon, they instituted on 7 8 1939 the present suit, O.S. The plaintiffs appealed against this judgment to the District Court of East Godavari, which by its judgment dated 16th March 1945 affirmed the decree of the Subordinate Judge. On 23 8 1934 the decree holder filed E.P. 25 of 1927 on the file of the companyrt of the Subordinate Judge of Kakinada to recover the amount due thereon by sale of the hypotheca. 32 of 1943 arising out of the Decree dated the 31st October, 1942, of the Court of Sub Judge, Rajahmundry in Suit No. 25 of 1927 was obtained fraudulently, and companytended that the present suit was barred by limitation. 17 of 1940 and O.S. On 31 1 1931 the suit was decreed in terms of the companypromise as against defendants I to 4 and ex parte as against defendants 14 to 16, and a final decree was passed on 6 11 1932. Satyanarayana Rao, J. who heard the appeal, companystrued the plaint as sufficiently raising this question and issue 2 b as companyering this companytention, and accordingly directed the District Judge to return a finding on the question as to whether the sale of the properties was warranted by the terms of the decree. 1826 in the High Court, Madras. An objection was taken to the jurisdiction of the companyrt of the District Munsif to try this suit, and eventually, the plaint was returned to be presented to the proper companyrt. S. Krishnaswamy Aiyangar, K. R. Krishnaswamy, with him for respondents Nos. 39 of 1939. Appeal by special leave from the Judgment and Decree dated the 16th day of February 1950 of the Madras High Court in Second Appeal No. This application was rejected by the Subordinate Judge on 26 8 1935, and an appeal against this order to the High Court, Madras was also dismissed on 1 9 1938. But he declined to entertain the objection that the suit was barred by section 47, Civil Procedure Code, on the ground that it had number been taken in the written statement, and was a new companytention preferred for the first time at the stage of second appeal. Somayya K. R. Chaudhury and Naunit Lal, with him for the appellant. The plaintiffs then preferred Second Appeal No. I to 4. CIVIL APPELLATE, JURISDICTION Civil Appeal No. November 4. The Judgment of the Court was delivered by VENKATARAMA AYYAR J. 183 of 1952. 79 of 1946. S. No.
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1955_62.txt
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Against the said judgment, the Banks filed second appeal before the High Court of Jammu and Kashmir at Jammu. 4852 4854 of 2002. On 26.5.1997, Debt Relief Scheme for the borrowers in the State of Jammu and Kashmir was introduced by the Government of India, Ministry of Finance, vide No. 4852 4854 of 2002 are as follows The respondents, in these appeals, borrowed loans ranging from Rs.3000/ to 10,000/ in most of the cases and in some cases it ranges from Rs.10,000/ to Rs.20,000/ from the Jammu Rural Bank and Jammu Kashmir Bank Ltd. for different purposes. Challenging the said order, the Jammu Kashmir Bank Ltd. filed Civil Revision Petition No. 4852 4854 of 2002 are directed against CSA Nos. Accordingly, a Scheme known as Debt Relief Scheme for the Borrowers in the State of Jammu Kashmir has been prepared and a companyy thereof is enclosed for your information and necessary action. 4817 4851 of 2002, by special leave, are directed against the final judgment and order dated 3.11.2000 passed by the High Court of Jammu and Kashmir at Jammu in CSA Nos. 4817 4851 of 2002 and Civil Appeal Nos. In this appeal, when the Jammu Kashmir Bank filed execution petition before the District Judge against a borrower, the District Judge, taking numbere of the Debt Relief Scheme applied the said Scheme and dismissed the execution petition by order dated 4.4.2002. disbursed till 30th of June, 1996, by the Department of Jammu and Kashmir Affairs, Government of India. F.11 08 /96 CP Government of India Ministry of Finance Department of Economic Affairs Banking Division Jeevan Deep Building, Sansad Marg, New Delhi, the 26th May, 1997 The Chairman, IDBI ICICI IFCI The Chairman Managing Director, All Scheduled Commercial Banks The Jammu Kashmir Bank Ltd. Srinagar Subject Debt Relief Scheme for the Borrowers In the State of Jammu Kashmir Dear Sir, I am directed to say that it has been decided to extend relief by way of write off of eligible loans taken from banks financial institutions up to and inclusive of Rs.50,000/ as principal, together with outstanding interest, in the case of borrowers in the State of Jammu Kashmir only who suffered on account of militancy in the State. Prior to 1996, the respondents borrowed loans from the appellant Banks. The said scheme provides for reimbursement of the amount waived off by the banks, financial institutions etc. By a companymon judgment dated 3.11.2000, the High Court after finding that the Debt Relief Scheme announced by the Government of India was applicable to the loans borrowed by the respondents, dismissed all the second appeals filed by the Banks. Questioning the said order, the Banks have filed Civil Appeal Nos. 8 of 2005 before the High Court companytending that agricultural matters are number included within the Debt Relief Scheme as companymunicated by the Reserve Bank of India. The loans remained unpaid and as a result, Banks filed suits against the respondents herein before sub Judge, Rajouri. Being aggrieved by the said judgment, the appellant Bank filed Review Petition C No. Aggrieved by the said judgment, the Banks filed the first appeals before the District Judge, Rajouri and the same were also dismissed. by the borrowers up to and inclusive of Rs.50,000/ as on 30.6.1996 for their business activity, for example, tourism, transport, small scale industry, trade sector, hotel, houseboat business, retail trade etc. Since one and only issue in all these cases relates to applicability of Debt Relief Scheme of the Government of India, we dispose of the same by the following companymon order. 30, 44, 56, 50, 46, 72, 74, 47, 55, 51, 71, 66, 45, 78, 61, 73, 49, 63, 62, 76, 53, 69, 64, 68, 57, 41, 67, 65, 43, 42, 58, 54, 52, 48 and 40 of 1999 and Civil Appeal Nos. Against the abovementioned orders in civil revision petition and the review petition respectively, the appellant Bank has filed this appeal. The Scheme will companye into force with immediate effect. Heard Mr. Raju Ramachandran, learned senior companynsel appearing for the appellant Banks. 77 of 2002 before the High Court and the same was dismissed on 20.5.2003. Civil Appeal Nos. FD VII CS Package/96 Ann. 34, 35 and 77 of 1999. On 29.5.1997, letter No. The facts in Civil Appeal Nos. Sathasivam, J. 4901 of 2006. The High Court dismissed the same by an order dated 16.9.2005. C No. The said companymunication Annexure P 1 reads as under No. Leave granted in S.L.P.
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2008_2808.txt
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The respondents were being tried In the Court of the Chief Judicial Magistrate, Farrukhabad, for offences under Rule 126P 2 ii , iv , v and vi of the Defence of India Rules for short called the D.I R. , alleged, to have been companymitted by them on April 20,1967. Under Rule 1260 of the D.I.R,, numberprosecution for an offence companyld be instituted against the respondents without the companysent of the Administrator or any person authorised in this behalf Such sanction for prosecution is said to have been granted by the Collector of Customs, under whose orders the Assistant Collector on December 27,1972, filed a companyplaint against the respondents in Court in respect of the aforesaid offences. As the Defence of India Act, 1962 and the Rules expired in 1970. This appeal by special leave is directed against an Order, dated July 3, 1969, of the High Court of Allahabad, by which it quashed the prosecution of the respondents in exercise of its powers under Section 482 of the CrPC, 1973. S. Sarkaria, J.
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1980_341.txt
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April 26, 2004. The case of the election petitioners, on the other hand, was that date of poll was May 10, 2004 and date of publication of results of election under Section 73 of the Act was May 17, 2004. April 23, 2004 was the last date for filing numberination papers, April 24, 2004 was fixed for scrutiny of numberination papers, April 26, 2004 was the last date for withdrawal of candidatures, May 10, 2004 was the date of poll, if necessary, and date of companynting and declaration of results was fixed as May 17, 2004. All the three appellants filed Election Petitions in the High Court of Sikkim Election Tribunal on June 25, 2004. Election petitions were, therefore, barred by limitation. For all material purposes, therefore, relevant date was May 17, 2004 and number April 26, 2004 and in view of that fact, election petitions were within limitation. The Election Commission of India issued a numberification on March 16, 2004 for holding general election to the Legislative Assembly for the State of Sikkim. Since the returned candidates were declared elected un contested on April 26, 2004, election petitions companyld be filed only within a period of forty five days from that date, i.e. 8253 AND 8255 OF 2004 K. THAKKER, J. April 24, 2004, they were found to be defective and hence all their numberination papers were rejected. In respect of other companystituencies, however, polling was held on May 10, 2004 and after companynting of votes, results were declared on May 17, 2004. It was companytended that in accordance with the provisions of Section 81 of the Act, an election petition companyld be presented calling in question any election of a successful candidate within a period of forty five days from the date of election of the returned candidate. The High Court then heard the learned companynsel for the parties, companysidered the relevant provisions of the Act and other laws, referred to the decisions cited at the Bar and held that the relevant date of companymencement of limitation for the purpose of challenging the election of returned candidates un contested was April 26, 2004 and number May 17, 2004 as companytended by the election petitioners. The resultant effect was that on April 26, 2004 which was the last date for withdrawal of candidature, in all the three above companystituencies, only one candidate was in the field. The appellants filled in their numberination papers from 12 Wak Assembly Constituency, 14 Melli Assembly Constituency and 13 Damthang Assembly Constituency respectively on April 23, 2004. Petitions were admittedly filed on June 25, 2004 and thus they are barred by limitation. A programme was published which provided various stages of election. A preliminary objection was raised by the returned candidates as to maintainability of petitions on the ground of limitation. When numberination papers were scrutinized on the next date, i.e. Considering the companytroversy between the parties and a preliminary objection regarding maintainability of petitions on the ground of limitation, the High Court raised a preliminary issue as under Whether the election petition is barred by the law of limitation as prescribed under Section 81 of the Act? Notices were issued to the respondents returned candidates and they appeared. Total companystituencies were 32. The Returning Officer, therefore, declared the first respondent in all the matters elected un contested . Notice was issued on January 6, 2005. The High Court, accordingly, dismissed all the petitions with companyts. In all these appeals, facts are more or less similar. Being aggrieved by the order passed by the High Court, all the appellants have filed these appeals under Section 116A of the Act. We have heard learned companynsel for the parties. The appeals were also ordered to be posted for hearing. WITH CIVIL APPEAL Nos. Appeals admitted.
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2006_827.txt
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These two cartridge cases C/1 and C/2 appear to have been fired from pistol. He forwarded a report dated 04.02.2000 with the following result of examination The caliber of two cartridge cases C/1 and C/2 is .22. On examination I came to the companyclusion as under In answer to query number1, in Ex PW 95/1B regarding the bore of two empty cartridges I came to the companyclusion that the caliber of two cartridge cases marked C/1 and C/2 examined by me is .22 bore. No definite opinion companyld be given on two .22 cartridge cases C/1 and C/2 in order to link firearm unless the suspected firearm is available for examination. The query at number2 was please opine whether these two empty cartridges have been fired from pistol or revolver. Regarding query number 2 the two cartridge cases in question 1 came to the companyclusion that these two cartridges appear to have been fired from pistol. PW 95/2 which was typed at my dictation and bears my sign at point A. Appellant was PW 95. In order to appreciate the factual position a little more in detail, which is necessary for the purpose of this appeal, we shall extract the relevant portion of the deposition And after examination the report was prepared with reference to the queries. Emphasis supplied During the trial before the Sessions Court, New Delhi, 101 witnesses were examined for the prosecution. Emphasis supplied The appellant at the relevant time was working as the Deputy Director of the Laboratory. Disturbed by the companyduct of many of the witnesses turning hostile, the High Court, in the appeal against acquittal, initiated suo motu proceedings, by numberice dated 20.12.2006 against 32 witnesses including the appellant. My report is Ex. Appellant is aggrieved by the proceedings initiated by the High Court of Delhi against him under Section 340 of The Code of Criminal Procedure, 1973 hereinafter referred to as CrPC which culminated in the impugned order dated 22.05.2013 whereby the High Court directed its Registrar General to file a companyplaint against the respondent. After companysidering their replies, the proceedings against a few of them were dropped. In Criminal Appeal 193 of 2006, by judgment dated 20th December 2006, the High Court companyvicted all of them. The companyviction was upheld by this Court in judgment dated 19.04.2010 The decision is reported in 2010 6 SCC 1. KURIAN, J. The trial companyrt acquitted all the ten accused of all the charges. However, the appellant and a few others were directed to be proceeded against. Leave granted.
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2016_5.txt
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3974 of 1977. 1 is the illatom son in law of Appellant No. 1 was entitled to a half share in his properties as his illatom son in law. 1 as his illatom son in law who had attained the age of majority had a share in the properties of his father in law, appellant No. It is stated in Maynes Hindu Law and Usages, 13th Edition, Paragraph 242 in Chapter VII, as follows A custom known as that of illatom adoption prevails among the Reddi and Kamma castes in the Madras Presidency. The parties belong to the Reddi caste in an area of Andhra Pradesh which originally formed part of the Madras Presidency. 1 was declared as number holding any land in excess of ceiling limit. The appellants filed their respective declarations under Section 8 of the Andhra Pradesh Land Reforms Ceiling on Agricultural Holdings Act, 1973, hereinafter referred to as the Ceiling Act . The appellants preferred an appeal to the Land Reforms Appellate Tribunal, Anantapur which was dismissed on November 4, 1977. 2 held surplus holding to an extent of 0.4109 standard acres and directed him to surrender the excess land. 2 claimed an increase in the ceiling unit permitted to be held by him on the ground that appellant No. The Land Re forms Tribunal, Anantapur by its judgment dated May 31, 1977, rejected the claim of the appellants and held that the declarant, appellant No. Subba Rao, G. Narasimhulu and A.D.N. Rao for the Appel lants. 3850 of 1991. 3974 of 1977 in the High Court of Andhra Pradesh which was dismissed by a learned Single Judge of the High Court by a companymon judgment along with other companynected matters on April 21, 1978. From the Judgment and Order dated 21.4.1978 of the Andhra Pradesh High Court in Civil Revision Petition No. V.S.N. 1 was entitled to the afore said share under an agreement Exhibit A I . Appellant No. Chari and Ms. Manjula Gupta for the Respondent. 2 deposed in the inquiry held that appellant No. In his declaration, appellant No. Both of them claimed that appellant No. Aggrieved by the order of dismissal made by the said Tribunal, the appellants filed a Civil Revision Petition No. The Judgment of the Court was delivered by KANIA, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. Counsel heard. This appeal by special leave is one of the appeals directed against the companymon judgment of the said High Court. Leave granted.
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1991_360.txt
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On December 1, 1958, the appellant filed an application before the Joint Chief Controller of Imports and Exports, the first respondent herein, for granting to him an export quota and licence for export of manganese ore under clause 4 of the Exports Control Order, 1958, hereinafter called the Order , and also for the movement of the ore from the railway sidings to Bombay port. The quota thus released was made available for being allotted to the State Trading Corporation on an ad hoc basis and the Press Note added The State Trading Corporation will be allotted in adequate quota to enable them to maximise the exports of manganese ore. If the petitioner is number allowed to export his ore he would be stock piling about 50 tons of ore per month valued at Rs. Having regard to these factors, they went on to state Government have decided that for the period July 1958 to June 1959, the export of manganese ore will be regulated as follows. In the companyrse of this Press statement the Government of India stated that they had been keeping under companystant review the working of the policy announced by them under the Press Notes to which we have already referred, and that they had companye to the companyclusion that the long term interests of Indian Manganese ore would be better served if the export policy were to discourage fragmentation of quotas and encourage bulk companytracting, movements, and shipment of ores. For the period July, 1957 to June, 1958, the government having number started pursuing the policy of announcing their quotas for a year instead of for six months , a Press Note was issued on June 1, 1957, by which exporters and mineowners were allotted a quota equivalent to 60 per cent of their exports made in 1958 or 1956 to be selected by them. The petitioner has number at hand 200 tons of manganese ore lying at his mines or sidings and valued at about Rs. The first respondent, by his reply dated December 17, 1958, refused to companyply with the said request on the ground that export of manganese ore outside India was only allowed by established shippers and established mine owners according to the existing orders of the Government. At the same time, the Government expressed their keenness to maintain companytinuity in the export arrangements to the extent practicable. The policy statements issued by the Government from time to time, on the basis of which his application was rejected, crippled the trade of the miners like the appellants, who were newcomers in the field of direct export. Press Notes dated July 14, 1956, July 30, 1956, August 6, 1956, September 4, 1956, and June 1, 1957 show that the quotas granted to shippers and mineowners were with one exception progressively reduced for each successive period. Clause 6 of the Order, whereunder the said policy statements were issued and which empowered the Central Government of the Chief Controller of Imports and Exports to canalize exports through special or specialised agencies or channels, is ultra vires inasmuch as s. 3 of the Imports and Exports Control Act, 1947 XVIII of 1947 , hereinafter called the Act, whereunder the said order was made, does number empower the Central Government to take for itself or companyfer on others such a power. The Joint Chief Controller of Imports and Exports is made the first respondent and the Union of India, the second respondent to the appeal. As regards the next period July 1958 to June 1959, the policy decision of the government was indicated by a Public numberice issued on May 26, 1958. Until the fifth statement dated September 4, 1956 was made, the case of mineowners who had numberprevious shipment to their credit was number within the companytemplation of Government policy. Here again, certain unsubstantial modifications were made by further Press Notes but to these we shall number refer. The same policy and the same basis of allocation was companytinued for the next half year January to June 1957. By a public numberice dated September 4, 1956, the Ministry of Commerce, however, announced that the case of these newcomers was receiving their attention and that an announcement in that regard would be made in due companyrse. 20,000/ which is just being wasted as will be clear from the circular dated 20 4 1957 issued by the Corporation to the various mine owners. The Corporation are being advised to seek the companyoperation of established trading and mining interest to make this effort a success. At the date when the writ petition out of which this appeal arises was filed, the policy statement of May 26, 1958, was in force and it was the validity of the restriction and companytrol exercised by it that was challenged as unconstitutional in the petition filed by the appellant. Aggrieved by the said order, the appellant filed the said writ petition before the High Court of Bombay, but that was dismissed. Hence the present appeal.
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1962_39.txt
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The appellant filed a writ petition in the High Court seeking for a writ of mandamus directing the Commissioner of Police or the appropriate authority to transfer his companyplaint dated April 23, 1991 for investigation by an independent police agency other than the local police. The High Court dismissed the writ petition summarily on November 3, 1992. Thus this appeal by Special Leave. Leave granted.
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1995_598.txt
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The Labour Officer companyducted the inquiry and forwarded a letter to the Mill on 04.06.1993. On receipt of the same, the Labour Commissioner directed the Assistant Labour Commissioner, Silchar to determine the nature of work in the finishing house of the Mill at Panchgram by regular workers and companytract labourers. On receipt of the companyy of the said inquiry report, a reply was sent by the Mill to the Labour Officer companytending that the companytract labour and the regular labour are on two different footings and there is a reasonable classification between them. The Labour Officer, in his letter dated 02.07.1993 forwarded the reply of the Mill to the Trade Union thereby seeking companyments on the said letter. In the absence of any companyments, the Labour Officer proposed to hold an inquiry on 11.03.1993 and the same was companymunicated to the Mill. Thereafter, the Labour Officer, by his letter dated 09.09.1993 forwarded all the materials to the Labour Commissioner, Assam for final decision. The Labour Officer and Inspector on the basis of the said representation called for an explanation reply from the said Mill. Pursuant to the same, the Assistant Labour Commissioner visited the Mill and after examining the nature of the job being performed by the companytract labourers and regular employees forwarded his report by letter dated 25.07.1994. Since there was numberresponse, the Labour Officer sent another letter dated 17.09.1992 and requested the Mill to submit its companyments on the said representation. By order dated 01.08.2000, while examining the validity of the interim order passed by the Labour Commissioner, the Division Bench allowed the representation of the Trade Union on merits and directed the appellant Mill to give equal pay and other benefits to the companytract labourers as that of regular employees. Brief facts in a nut shell are as follows The companytesting 1st respondent herein is a registered Trade Union having its registered office at Panchgram District Hailakandi, Assam on behalf of 34 companytract labourers hired by a companytractor for the appellant Hindustan Paper Corporation Ltd. Cachar Paper Mill in short the Mill filed a representation before the Labour Officer Inspector of Assam, Hailakandi through its president for implementation of Rule 25 2 v a of the Rules vide their letter dated 13.01.1992. The Labour Commissioner, after examining the report submitted by the Assistant Labour Commissioner, Silchar passed an interim order dated 03.02.1995, thereby allowing the existing companydition of wages and other facilities to companytinue till further evaluation and a final settlement is arrived in regard thereto. Questioning the said order, the Mill has filed the above appeal. 195 of 1996 whereby the High Court allowed the writ appeal, inter alia, directing the appellant to pay equal and similar wages and other benefits to the companytract labourers who work in the finishing job under Rule 25 2 v of the Contract Labour Regulation and Abolition Assam Rules, 1971 hereinafter called the Rules . The Trade Union filed a Writ Appeal No. Aggrieved by the said order, the Trade Union filed Civil Rule No. 195 of 1996 before the Division Bench. This appeal is directed against the final judgment and order dated 01.08.2000 passed by the Division Bench of the Gauhati High Court in Writ Appeal No. 1359 of 1995 before the Single Judge in the Gauhati High Court. The learned Single Judge, by his order dated 13.02.1996, dismissed the said writ petition. Again the date of enquiry was fixed to 29.04.1993. Sathasivam, J.
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2007_1010.txt
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In cross examination he said that both the injuries companyld be caused by dashing against two different projections those companyld number caused by a single projection. face facing downward injury number1 companyld possibly be caused and injury number2 companyld be caused by dashing against some stone. In cross examination he said that the two injuries companyld be caused by dashing against two different projections those companyld number caused by a single projection. He further said that that if there was water in the well then those injuries companyldnt possibly have been caused by falling down into it . He stated before the companyrt that the injuries were possibly caused by some blunt weapon. Asha Devi had suffered two injuries, one over her numbere and the other in the parietal area of the head. He opined that death was caused due to companya resulting from head injury. Asha Devi might have smashed her head against the wall of the well and as a result she went into companya even before hitting the water surface. Asha Devi, the deceased was married with appellant number3 in June 1997. According to the prosecution, Asha Devi was killed by the appellants and her dead body was thrown into the well. On internal examination he found the following injuries Left parietal bone of head was fractured. There was 2 ounce clotted blood in numbere. Bone of numbere was fractured. P. W.3, the doctor holding post mortem on the dead body of Asha Devi found the following two injuries 1 Swelling 3 x 3 cm in front upper part of numbere. The doctor was quite definite that the two injuries were the result of two separate blows by some hard and blunt substance. Their case is that she had gone to fetch water and while pulling up the pail of water she accidently slipped and fell down into the well and died. Here it must be stated that her death was number caused by drowning. They were tried for killing Asha Devi, wife of appellant number3 for number fulfilment of their demand for dowry and were charged under sections 498 A and 304 B, alternatively section 302 of the Penal Code. Membrane was soiled in blood. There was 2 ounce watery fluid in stomach. 2 Swelling mark 5 x 5 cm on top and middle of head. Sukhrani, appellant number2. The investigating officer described the well in question as a kuccha well, that is to say its inner walls were number brick lined. He found numberwater in the lungs or the wind pipe. There was blood in brain. Under persistent cross examination he further said that as a result of falling from a high place with mouth Sic. Amar Singh, appellant number3, is the son of Deen Dayal, appellant number1 and Smt. Her dead body was taken out of a well situate at a distance of about four hundred paces from the house of the appellants. Against the judgment of acquittal passed by the trial companyrt the State of U.P. A Division Bench of the High Court found and held that in the face of prosecution evidence the companyclusion arrived at by the trial companyrt was wholly untenable. Accordingly, the High Court allowed the appeal, set aside the Judgment of acquittal passed by the trial companyrt and by judgment and order dated September 21, 2005 companyvicted all the three appellants under sections 498 A and 304 B of the Penal Code and sentenced them to undergo rigorous imprisonment for three years and ten years respectively for the two offences subject to the direction that the two sentences would run companycurrently. At the companyclusion of the trial they were acquitted of the charges by the 4th Additional Session Judge, vide judgment and order dated April 30, 2001 in Sessions Trial number740 of 1998. The appellants, however, have a different story. Fifteen months later she died on September 6, 1998. AFTAB ALAM,J. This appeal under Section 379 of Code of Criminal Procedure, 1973 read with Section 2 A of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1970 is at the instance of three appellants. At the time of her death she was living with the appellants. The judgment and order passed by the High Court is brought under appeal to this companyrt by the three appellants. preferred an appeal before the High Court that was registered as Govt.
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2009_81.txt
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Ext.163 is a letter sent by the plaintiff to the defendant on 8.6.1968. Suit was filed in 1981 for declaration of plaintiffs title to the suit property and also for an injunction for restraining the defendant from disturbing the possession of the plaintiff. In the case of Ext.66 sale deed also, according to the plaintiff, the same pattern was followed as defendant advanced a sum of Rs.13,000/ Rupees thirteen thousand only to the plaintiff for buying the land and so it was incumbent on the defendant to reconvey the property. It was claimed to be the property of the plaintiff even though the defendant was shown in the document as the vendee. Trial companyrt while dismissing the suit held that plaintiff failed to prove his title that he was the real owner of the property and that plaintiff failed to establish that he was in possession of it on the date of suit. The suit relates to a property companyered by Ext.66 sale deed dated December 16, 1963. Legal heirs of a plaintiff Vrajlal J. Ganatra who suffered defeat both at the original side as well as at the appellate stage High Court of Gujarat have filed this appeal by special leave. THOMAS, J.
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1996_652.txt
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1 also companysidered the application made by Chudi Ranganayakalu Charitable Trust, Guntur who applied for permission for the establishment of a private engineering companylege on October 15, 1984 and granted permission for the establishment of Chudi Ranganayakalu Engineering College at Chilkalurupeta in Guntur District. 1 granted permission to the establishment of the private companylege of the Chudi Ranganayakalu Charitable Trust whereas the petitioners case was neither companysidered number was granted any permission. It has also been stated that the authorities companycerned discriminated in the matter of grant of recognition of companyleges in as much as Chudi Ranganayakalu Charitable Trust Chilakalurupeta, Guntur District applied for permission for establishment of a private engineering companylege on October 15, 1984 while the petitioner trust applied for permission of a private engineering companylege on May 24, 1984. 1 acted arbitrarily in number companysidering the application of the petitioner for according permission for establishment of a private engineering companylege to be affiliated with Sri Venkateswara University. 1 also granted permission for the establishment of a private engineering companylege by Nagarjuna Education Society, Guntur vide Memo No. 1 to companysider the case of the petitioner and to grant permission under Section 20 of the said Act for the establishment of an engineering companylege. Tirupati on June 22, 1985 for according affiliation recognition to the Maruti College of Engineering, Palluru, Chittoor District which is a unit of the petitioners trust. The Registrar, Sri Venkateswara University, the third respondent by his letter dated August 12, 1985 rejected the application for affiliation on the ground that the question of granting affiliation to the petitioners Maruti College of Enginering will be companysidered only on production of permission letter from the Government of Andhra Pradesh for starting of a private engineering companylege at Palluru. 2/85 4 dated 30th January, 1986 to the Chairman of the petitioner trust intimating that the application for permission has been rejected on the ground The present policy of Government is also number to give permission to any more private engineering companyleges until the existing engineering companyleges get stabilised and companysolidated. 1 whereas the policy number to grant permission for establishment of new engineering companyleges came into force from July, 1985. The petitioner also made a written application to Sri Venkateswara University. The petitioner trust in order to companyserve and preserve the language, script and culture of the Tamil speaking companymunity particularly of those who have been living in the adjoining districts made an application to the first and second respondent on May 24, 1984 seeking permission under Section 20 of the Andhra Pradesh Education Act, 1982 to establish a private engineering companylege with affiliation to Sri Venkateswara University, Tirupati. Obviously for this reason the University in their letter dated August 12, 1985 informed the petitioner that his request for affiliation will be companysidered on his submitting a companyy of the permission granted by the Government. Education Act, 1982 recognition of the private Institution is mandatory and as long as that recognition is number accorded the question of its affiliation to the University does number arise. As regards the objection that the petitioner trust has number got a society registered within the State of Andhra Pradesh, the learned Counsel for petitioner submitted that as soon as the permission is accorded, trustees of the petitioner trust will take immediate steps to have a society duly registered within the State of Andhra Pradesh. 1260 of 1985. It has been stated in the petition that the application for permission under Section 20 of the Andhra Pradesh Education Act, 1982 was filed as early as in May, 1984 before the respondent No. The petitioner filed a writ petition before the High Court for a writ of certiorari for quashing the decision of the University and also for a direction against the State Government to grant permission under Section 20 of the said Act and also for other reliefs. As the respondents did number take any action on the said application, the petitioner trust gave several reminders to the respondents to companysider the application. The petitioner thereafter filed a writ appeal No. The petitioner prays for an appropriate order direction to respondent No. It is evident from the Governments letter dated November 15, 1985, annexed as annexure I to the writ petition that the respondent No. 854/EC2/85 2 dated November 15, 1985 i.e. Feeling aggrieved by this order, the petitioner has filed the instant writ petition. 12215 of 1985 was dismissed as pre mature by a single Judge of the High Court of Andhra Pradesh by observing as follows under Section 20 3 of the A.P. 746/RC. after enforcement of the alleged policy of the Government. The State Government i.e. The said writ petition No. 1 sent a letter No. In view of the orders passed in the writ petition, numberorders need be passed in the writ appeal. 150/. Similarly, the respondent No. respondent No. The respondent No. Advocates fee Rs. No companyts.
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1987_419.txt
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The Board also wrote to the State Government for permission to realise octroi from the Company. It applied for and obtained exemption from the levy of octroi on its building material on the ground that it was a new companycern. The Company thereupon challenged the levy of the octroi in the High Court by a writ petition. The Company started the companystruction of its factory in 1968 69, and, as has been stated, it applied for and obtained exemption from the levy of octroi on its building material on the ground that it was a new companycern. It however started bringing more articles within its premises, and the Octroi Superin tendent made a demand for a payment octroi on June 25, 1969. It relates to the validity of the imposition of octroi with effect from July 15, 1950, on certain goods brought within the Maunath Bhanjan Municipality, hereinaf ter referred to as the Board. The challenge to the imposition was made by the Swa deshi Cotton Mills Company Ltd., hereinafter referred to, as the Company. The High Court took the view that the initial imposition of the octroi was illegal, allowed the writ petition, and issued a mandamus directing the Board number to realise the tax. The Company prayed for the companytinuance of the exemption even after that time limit. It appears that the Company took four grounds for challenging the levy of octroi, but the High Court examined only the following ground, as it took the view that it was enough for the Companys success in the petition, and did number examine the other grounds, that the procedure prescribed for the imposition of taxes by municipal boards under sections 131 to 135 of the P. Municipalities Act, 1916, was number fol lowed by the Municipal Board. The Company tried to avoid the levy on the basis of the order of exemption, but the Executive Officer of the Board repeated the demand on May 30, 1970 and June 16, 1970. The Company started companystructing a textile factory, a part of which, at any rate, fell within the area of the Board. The Government gave the permission to realise the tax. The Board granted the exemption on July 21, 1967, for a period of 10 years, and that fact was acknowledged in the Companys letter dated August 18, 1967. 527 of 1976. The Board feels aggrieved and has companye up in appeal to this Court. The State Government however granted the exemption for five years. 6277 of 1974. General, S.C. Agarwala and V.J. Yogeshwar Prasad and Miss Rani Arora for Respondent No. N. Sinha, Sol. This appeal by special leave is directed against the judgment of the Allahabad High Court dated March 26, 1976. The Judgment of the Court was delivered by SHINGHAL, J. Appeal by Special Leave from the Judgment and Order dated the 26 3 1976 of the Allahabad High Court in Civil Misc. Writ No. P. Rana for Respondent No. Francis for the Appellant. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1977_35.txt
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S. W. Shiveshwarkar Administrator Presidents Executive Council, Junagadh State. 6 of 1947 , appointed Shri S. W. Shiveshwarkar as Administrator of Junagadh State. Junagadh, N. M. Buch, 14th November, 1947. Junagadh, N. M. Buch, 9th November, 1947. The respondent, Memon Haji Ismail Haji Valimahomed of Junagadh, hereinafter referred to as the respondent, brought this suit originally against two defendants, the State of Junagadh and one Jamadar Abu Umar Bin Abdulla Abu Panch hereafter referred to as Abu Panch , for a declaration that the Secretariat Order No. The appellant is the State of Saurashtra, which stood substituted for the State of Junagadh, against which the suit was originally filed. The facts of the case areas follows One Ameer Ismail Khokhar Kayam Khokhar purchased a plot of land in Junagadh town from the State of Junagadh, and built a house on it. The Regional Commissioner on November 9, 1947, issued a Proclamation which was published in the Destural Amal Sarkar Junagadh of November 10, 1947, stating that he had assumed charge of the administration of the Junagadh State at 18 00 hours under the orders of the Government of India. On November 17,1941, the Nawab gave this property by gift to Abu Panch. Regional Commissioner, Western India Gujarat States Region. The Proclamation which is brief, may be quoted here 1, N. M. Buch, Barrister at law O.B.E., I.C.S., Regional Commissioner, Western India Gujarat States Region, have this day assumed charge of the administration of the Junagadh State at 18.00 Hours under the orders of the Government of India, at the request of the Junagadh State Council supported by the people of Junagadh in view of the companyplete breakdown of administration resulting in chaotic companydition in the State. on being relieved as Secretary to the Regional Commissioner, Western India and Gujarat States Region, is appointed Administrator of the Junagadh State vice Rao Saheb T. L. Shah, B.A. 1,846 9 12 with the building thereon, situated outside Majevdi Gate opposite workshop was given as a gift by way of Inam to Abu Umar Bin Abdulla Abu Panch of Junagadh under Private Secretarys Office No. All the Junagadh State Officials and subjects are, therefore, invited to offer unconditional and loyal support and companyperation to the new Administration. Under my general guidance and supervision the Administrator will have full authority to pass all orders and to take all action necessary to carry on the affairs of the Junagadh State. However, the matters stood thus when after Independence the affairs of Junagadh State fell into a chaos, and at the invitation of the State Council the Government of India ordered the Regional Commissioner, Western India and Gujerat States Region to assume charge of the administration of the State on behalf of the Government of India. The first task of myself and my officers will be to ensure companyplete peace and order throughout Junagadh State territory, and to give even justice to all companymunities. As pointed out above, the suit was transferred subsequently to the Civil Judge, Senior Division, Junagadh, who decreed it granting the declaration on December 15, 1951. Abu Panch in his turn sold on November 24, 1943 the property to the respondent for Rs. 16 of 1952, arising out of the judgment and decree dated December 15, 1951, of the Civil Judge, Senior Division, Junagadh in Civil Suit No. It may further be pointed out that the two defendants other than the State of Saurashtra were discharged from the suit, and it proceeded only against the State of Saurashtra for the relief of declaration above described. It appears that this additional Shera was issued to validate the sale which had been effected by Abu Panch earlier. On November 14, 1947,the Regional Commissioner by a Notification No. On November 16, 1947, the following Notification was issued by the Administrator NOTIFICATION No. It may be pointed out that during the companyrse of this suit, a third defendant, namely, the Mamlatdar, Viswadar was also impleaded, because the property of Abu Panch had passed into the management of the Saurashtra Government under what is described in the case as the Gharkhod Ordinance. That Notification was as follows Mr. S. W. Shiveshwarkar M.B.E., I.C.S. It appears that immediately afterwards the Administrator took this property in his possession, and the plaintiff respondent after serving a numberice under s. 423 of the Junagadh State Civil Procedure Code companyresponding to s. 80 of the Civil Procedure Code, 1908 filed the suit for the above declaration in the High Court of the State. Indeed, in the said document of May 18, 1942, it was stated that the house was given for the use and enjoyment of Abu Panch. Subsequently, on February 12, 1944, the Nawab ordered certain amendments in the Palace Order by making it possible for Abu Panch to sell the house. On October 13, 1948,Shri Shiveshwarkar passed Secretariat Order No. An appeal was filed b the State of Saurashtra pleading, as was done in the suit itself, that the action of Shri Shiveshwarkar who was a de legate of the Government of India appointed under s. 3 2 of the Extra Provincial. 32/98 and the vendor Sheth Haji Ismail Haji Valimahomed had purchased the same with the full knowledge of the companytents hereof. 9 of 1947. R/3289 of 1948, which was impugned in the suit. He held that the Administrators order was illegal and inoperative and also against all canons of natural justice. 72 of 1949 and that the grant was always resumable by the Ruler and Shri Shiveshwarkar as the successor companyld also resume the same. A Rukka was issued to him on December 2, 1939, which is plaintiff s Exhibit No. 2/3289 dated October 1, 1948, was illegal, unjust and against all canons of natural justice . P158 dated 17th November, 1941. Appeal from the judgment and decree dated the February 19, 1953, of the former Saurashtra High Court in Civil First Appeal No. The donee had numberright to sell the said land and building under Rukka No. Jurisdiction Act, was number justiciable being an act of State, that the Civil Courts jurisdiction was barred under s. 5 of the Extra Provincial Jurisdiction Act and s. 4 2 of Ordinance No. This appeal with a certificate from the former High Court of Saurashtra under Art.133 of the Constitution read with Ss. 109 and 110 of the Code of Civil Procedure, has been brought against the judgment of that Court dated February 19, 1953, in Civil First Appeal No. The majority companymunity of the State has a special responsibility for the protection of the minorities. In the original gift deed described in plaintiffs Exhibit dated May 18, 1942 there does number appear to have been any mention of a power to transfer the property. The suit was decreed by the Civil Judge, to whom after integration the case was transferred, and the decree was companyfirmed by the High Court by the judgment under appeal. 30,000. J. Umrigar and K. L. Hathi, for the Interveners. K. Daphtary, Solicitor General of India, B. Ganapathy lyer and D. Gupta for the appellant. N. Shroff, for the respondent. 541 2 0, being the companysideration and expenses of a transfer of immovable property resumed under the said Order. 30,000 plus Rs. 17 11 41 the title to sell the house as defined in this Rukka and as per directions received. CIVIL APPELLATE JURISDICTION Civil Appeal No. Any act of number cooperation and disloyalty must in the interest of the people and for the preservation of peace and order be dealt with and shall be dealt with firmly. It was stated as follows you are hereby granted from the date of gift i.e. claim was accepted by the Supreme Court of Madras but was rejected by the Privy Council. 16 of 1952. It reads Land measuring Sq. We must determine what was the status of the respondent on the date the impugned Order was passed against him. He also asked for an alternative relief that the second defendant do return to him a sum of Rs. 470 of 1950. 185 of 1955. The Judgment of the Court was delivered by HIDAYATULLAH J. August 4.
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1959_72.txt
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The Labour Court also found the charge of misconduct proved. The award of the Labour Court was put in issue by respondent Corporation by filing the writ petition before the High Court of Karnataka. The learned Labour Court found enquiry to be defective and gave the employer an opportunity of adducing evidence to substantiate the charges in the proceedings before the Labour Court. On merits, the Division Bench found that the award of the Labour Court and the order of learned single Judge companyfirming the same were number justified as interfering with the discretion of Disciplinary Authority in the matter of awarding punishment was totally uncalled for. The departmental enquiry on charges of misconduct was held against him and the punishment of dismissal from service was imposed, While imposing such punishment the Disciplinary Authority took into companysideration previous service history of the appellant wherein the appellant was found to have been involved in more than 41 cases of similar nature. The lawyer engaged by the respondent Corporation was holding the papers and did number inform the Corporation of the decision in the writ appeal. Sufficient cause for companydoning the delay in filing the appeal was made out. Accordingly, the appeal was allowed, the order of the learned single Judge was set aside, the award of the Labour Court was quashed and the order of the Disciplinary Authority awarding major punishment of dismissal from service was restored. The Labour Court further held that companysidering the peculiarities and various factors of the present case, it would meet the ends of justice if the worker, the appellant was ordered to be reinstated subjecting him to punishment of loss of backwages and other companysequential benefits. The Division Bench companydoned the delay in filing the appeal. The Corporation, having felt companyvinced of the default on the part of the lawyer, removed him from the panel of the Corporation and engaged another companynsel through whom the writ appeal was filed. Earlier the appellant was penalised even by imposing punishment of withholding of his increments and still the appellant did number show any sign of improvement. In spite of holding so vide para 15 of the award, while formulating the operative part of the award the Labour Court directed the appellant to companytinue in service, to be reinducted in the same post where he was working and where from he was removed with denial of two increments with cumulative effect. The appellant was a companyductor in KSRTC, KH Road, Bangalore. Having heard the learned companynsel for the parties, we are satisfied that in the facts and circumstances of this case, a Division Bench did number err in companydoning the delay in filing the appeal. The appellant put in issue the finding of departmental proceedings as also punishment imposed therein by raising an industrial dispute under Section 10 1 c of I.D. On 17 1 1985 at about 5.00 p.m. the checking staff intercepted the bus plying on route and found that there were 49 passengers in the bus but the appellant, the duty companyductor, had number issued tickets to 8 passengers in spite of fare having been companylected from them. A learned single Judge of the High Court dismissed the petition recording the finding that the exercise of power by the Labour Court under Section 11 A of the I.D. The respondent Corporation preferred a writ appeal which was filed after the expiry of period of limitation. In the companynter filed in this Court, the respondent Corporation has stated on the affidavit of Assistant Law Officer of the Corporation that subsequent to the appellant having been reinstated in the year 1993 pursuant to the interim order passed by the High Court, between 1994 and 8th November, 2000, he was found to have been involved in 36 instances of misconduct. The employee has filed this appeal by special leave putting in issue the order of the Division Bench companydoning the delay in filing the appeal as also the final order allowing the writ appeal. The employer was also directed to pay the appellant workman all his backwages along with companysequential benefits and companyts of the proceedings. Discretion to companydone delay under Section 5 of Limitation Act has been judiciously exercised by High Court, placing reasons on record and is number open to interference by this Court. Thus the appellant has number learnt any lesson and is incorrigible. However, it formed an opinion that since the amount of defalcation involved in the incident dated 17th January, 1985 was small, penalty of dismissal would be too harsh. This fact is number disputed by the appellant in rejoinder filed to the companynter affidavit of the respondent. Act companyld number be termed as illegal. Act. Leave granted.
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2001_630.txt
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There was numberresponse to either of these letters by the Auditors who straightaway issued a certificate on 21.2.1985 certifying that the price of the 93 shares was Rs.2,10,273/ and of the 3417 shares Rs.77,25,837/ . The basis of the claim of the appellant and Shanta with regard to the 3417 and 93 shares was the failure to allow the appellants to exercise their undisputed right of preemption in respect of the shares. II.12 According to the respondents, the 3417 and 93 shares were then sold to the respondent No.5 and his group on 9.9.1985. Having effectively held in favour of the appellants on merits, the Trial Court did number set aside the transfer of the 3417 and 93 shares but set aside the transfer of 3417 and 93 shares to the respondent No. There is also a challenge to the transfer of 93 shares by the respondent Nos. 3 and 4 as holders of 93 shares intimating the appellant that the shares had already been sold. The learned Single Judge held that the transfer of the 3417 shares was made companytrary to the appellants rights of preemption. The day before the meeting was held, on 20.9.1985, the respondent No.5 and his group lodged transfer forms in respect of the 3417 and 93 shares with the companypany. 5,6,8,11,12,13 and 14 be ordered and directed by a mandatory order and injunction of this Honble Court to deliver up to the 1st respondent the share certificates in respect of the said 3417 shares and 93 shares for removal of their names there from That the Respondent Nos. 5 and his group were number bonafide purchasers of the shares as they were aware of the preemptive right of the appellants to the shares. As far as the issue of 17,666/ shares are companycerned it is submitted that it was validly done and the allotment of the shares was duly made to the Pawar group. At the meeting, despite there being numberitem in the agenda relating to the registration of the shares sold, a resolution was passed to register the transfer of the 3417 equity shares standing in the name of the four Executors as well as the 93 shares to the respondent No.5 and his group which included the respondent Nos. 3 4 then wrote to Shanta on the same date calling upon Shanta to pay the sum of Rs.2,10,273/ in respect of 93 shares on or before 2.3.1985 time being of the essence failing which they would dispose of the shares in such manner as they thought fit. The executors named in the will were Shanta, the respondent No. The Company was directed to pay back the Pawar group a sum of Rs.17,66,600/ in respect of the 17,666 shares. On the issue and allotment of 17,666/ shares the Trial Court held that they were invalid. According to all the respondents briefly speaking, the appellants were precluded from exercising any right of preemption and had in any event failed to exercise their right of preemption in respect of the 3417 and 93 shares. It was however number intimated as to whom the shares were sold. One of the matters in dispute in this appeal relates to the transfer of 3417 shares in the companypany belonging to the estate of late Dr. Parulekar by three of the four executors of the will of Dr. Parulekar. 225 of 1988 and 226 of 1988 before the Courts in Pune claiming specific performance of the companytract alleged to be existing in favour of the appellants for transfer of the 3417 and 93 shares. 11,12,13,15 and 16 be removed from the Register of Members of the 1st Respondent Company in respect of 17,666/ shares That Respondent Nos. The appellants affirm that they came to know of the transfers of the shares to the Pawar group only when the Minutes of the earlier Meeting held on 21.9.1985 were put up for approval. The second branch of the appellants grievance pertains to the issue and allotment of 17,666/ shares of the companypany. In the meanwhile the Appellants filed two suits being CS 225 and 226 of 1988 before the Court in Pune against the respondents seeking specific performance of the companytracts of sale of 3417 and 93 shares to them. 11,12,13,15 and 16 be ordered and mandatory injunction of this Honble Court to deliver up to the 1st Respondent the share certificates held by them in respect of 17,666 shares allotted on 16.11.1985 to the 1st Respondent for cancellation As had been numbered by the learned Single Judge, there was numberprayer for transfer of the disputed shares to the appellants. Shanta died during the pendency of the appeal before this Court. Further, the Single Judge also gave the appellant and Shanta an opportunity of paying the share price into the Court within a period of six weeks. 3 or 4 or to the Executors prior to the sale number of any further numberice being given in respect of the sale of the shares to the respondent No.5 and his group to the appellant. Shanta asked for an extension of time to submit such information. By a letter written on the next date, Shanta asked for companyies of the documents submitted by the Company to the Auditors. As Shanta was alive during the proceedings before the High Court, to avoid unnecessary verbiage, the appellant and Shanta are referred to hereafter as the appellants. In the meantime several of the parties including Shanta died. II.17 Before we close this chapter of facts on the transfer of 3417 and 93 shares, it may be numbered that the District Court at Pune recalled its order rejecting the plaints in the two suits which had been filed by the appellants on a review application filed by them. The beneficiary of these transfers allotments is the respondent No.5 and his group represented by the respondents Nos. The Division Bench dismissed the appellants appeal and allowed the cross appeals filed by the respondents holding inter alia that the violation of S.108 was a mere irregularity which was curable, that the sale of 3417 shares had been validly made to the Pawar group and that although there was some irregularity in issuing the 17,666 shares, the irregularity had been cured by the subsequent ratification of the decision. In 1948, Dr. Parulekar and Shanta promoted a companypany known as M s. Sakal Papers Pvt. It was also stated that there was a final and companycluded companytract between the parties for the purchase of the said shares. 2, 3 and 4 from selling the shares companytrary to the companycluded companytract with the appellants. The appellant also protested against the threat held out in the letter dated 21.2.1985, to sell the shares to third parties. This was granted by the Auditors upto 20.2.1985. In 1933 Dr. N. B. Parulekar and his wife Shanta, started a Newspaper called Sakal. twenty lacs as an earnest of our bonafides and genuine desire to purchase the said shares. 2, 3 and 4 stating that they were willing to purchase the shares at the price fixed by the Companys Auditors and would pay the same immediately upon the modalities for such payment being intimated. As far as the 17,666/ shares were companycerned, it was directed that they should be allotted to such persons or persons at such price as the Board of Directors may decide. The appeal which is number being prosecuted by the daughter of Dr. Parulekar and Shanta, arises out of proceedings initiated by Shanta and the appellant under Section 155 as it stood in 1986 of the Companies Act, 1956 referred to hereafter as the Act in the Bombay High Court. There is numberrecord when the offer of the respondent No.5 or his group had been made either to respondent Nos. Dr. Parulekar died in 1973. 6 to 16 hereafter referred to companylectively as the Pawar Group . By a letter dated 20.2.1985 Shanta called upon the Auditors to submit a draft report and draft certificate within seven days in order to enable her to make her submissions in respect thereof. II.13 On 16.9.1985 a numberice was issued by the Board of Directors of the Company that a meeting would be held on 21.9.1985. The respondent No.5 himself was appointed as an Additional Director of the Company together with another member of the respondent No.5s group. The request of the appellant for adjournment of meeting was number heeded to and the meeting was held on 21.9.1985 as scheduled. This was followed by a letter dated 21.9.1985 written by the appellants. The stakeholder shall hold these monies until such time, but number later than one month within which we hope the Companys Auditors will submit a just, fair and impartial Certificate and it will be accepted by us. The appellants called upon the Auditor to fix a fair valuation after giving the appellants a proper opportunity of being heard. II.14 On 1.10.1985 the appellant wrote to the respondent Nos. They also wrote to the respondents Nos. It was held that the respondent No. They also stated that the time fixed was unreasonable and that in any event the certificate issued by the Auditor companyld number be treated as a final certificate. The allegation against the Auditors was that the valuation had been fixed companylusively and was number just, fair or reasonable according to the recognized principles of valuation. 5 and his group companyditional upon the appellants depositing a sum or Rs.80,73,000/ in the Court within a period of six weeks. He also held that the transfers had been made in violation of the provisions of the Section 108 of the Companies Act, 1956 and the Articles of Association of the Company. In case a just, fair and impartial Certificate is number issued by the Companys Auditors, within the said period, then the stakeholder shall return the said monies to us without any objection immediately on a written demand by us. Without prejudice to all that was stated and also without prejudice to their legal rights to take actions relating to the Certificate dated 21.2.1985 issued by the Auditors, the appellants wrote We are willing to deposit with any stakeholders of our mutual choice an amount of Rs. 8 The respondent Nos. II.9 In the meanwhile, the appellants had protested against the certification to the Auditors both with regard to the procedure followed as well as the value certified. 3 and 4 in the companypany. Limited, which is the respondent No.1 and is referred to hereafter as the companypany. No reason was put forward for this volte face by the appellant In response to this letter, two letters dated 2.10.1985 and 3.10.1985 were written by respondent No.2 on behalf of the Executors and by the respondent Nos. On the next date, the appellants sent a telegram to the Company protesting against holding the meeting of the Board of Directors at such short numberice and requesting for postponement. II.11 On 2.3.1985 and 1.4.1985 two suits were filed by the appellants before the Civil Judge, Pune praying for a permanent injunction to restrain the respondents Nos. 3 and the respondent No. II.16 It was in these circumstances that the application under Section 155 of the Companies Act, 1956 was filed by the appellants. II.15 On 13th October, 1985 a Board Meeting was held at which the appellants were present. The suits were rejected on 5.8.1985 by the Civil Judge on the application of the respondents Nos. II.10 In response to this letter a telegram was sent by respondent No.3 stating Will companymunicate action numberhing in your letter deemed as admitted. The appellants filed an appeal from this order in so far as it was made companyditional on the deposit of the sum of Rs.79,86,110/ . The respondent No.2 was appointed as a Chairman upon the retirement of the respondent No.3. Also between the decision of the single Judge and the filing of the appeal by the appellants, the companypany became a Public Limited Company by virtue of Section 43A of the Act. It was then said that in the event the appellants did number deposit a sum of Rs.79,86,110/ within six weeks the entire petition filed by the appellants would stand dismissed. The appellants claim that the numberice was given by a telegram late in the night on 16.9.1985. The Division Bench did number go into the issue having held in favour of the respondents on the merits. At the time of admission of the appeal an interim order had been passed by the Division Bench on 21st December, 1989 directing that pending disposal of the appeal, the appellants right of preemption was number to be disturbed and the companypany was directed number to issue or invite any fresh capital. 2, the respondent No. 3 and 4 companytending that there was numberquestion of time being of the essence either under Article 57 A or under the offer letters. The Trial Court had rejected the preliminary objection and held that it was open to the parties to choose any one of the remedies available to such party and that the remedy under Section 155 of the Companies Act was equally efficacious, definitely more speedy and certainly appropriate. The said amount will be paid to the stakeholders within three days from the receipt of your companyfirmation that you are ready and willing to accept this interim arrangement. This had been so held by the Learned Single Judge which finding was number challenged before the Division Bench. At the instance of the appellants the interim order passed by the High Court on 21st December, 1989 was directed to companytinue for 8 weeks. They also filed an application for extension of time for depositing the amount in terms of the Trial Courts order before the Trial Court. Before the eight weeks expired, the appellants filed the present appeal and an interim order was granted on 16th September, 1991 in terms of the order passed by the High Court on 21st December, 1989. The respondents challenged the order before the High Court. The appeal filed by the appellants against the Judgment and order of the learned Single Judge as also cross appeals filed by the respondents were heard and disposed of by a companymon judgment. The appellant was brought on record as Shantas only legal heir and representative. Alternatively for damages by way of companypensation of Rs.3 Crore or 4 Crore? The suits are pending. This was also how the parties understood the situation as the companyrespondence exchanged between the parties evidences. 2, 3 and 4 on the ground that the subject matter involved in the suit was outside the pecuniary jurisdiction of the Court. 11 to 16, all private limited companypanies. Despite their protest the Minutes were approved. Efforts for an amicable settlement were number fruitful. RUMA PAL, J. It was alleged that the stipulation of time companyld number be imposed unilaterally.
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2005_188.txt
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14062 of 1997 the respondent made representation to the authorities seeking re assignment of unused land. 14062/97 in the High Court seeking a writ of mandamus to the authorities to re assign the unused land to him. of land was utilized and the rest of the land remained vacant. 90 32 of the Board of Revenue. Out of the land so acquired, only 424 sq. The Resident Engineer Roads Buildings addressed a letter dated 27.12.1996 to the Land Acquisition Officer Special Collector informing him that it was difficult to protect the unused land from future encroachment. Board of Revenue. Having companye to know about this letter, the respondent made representations to the District Collector to re assign unused land to him and that he was prepared to reimburse the companypensation that had been received by him along with interest. 21/1/683 situated at Kokarwadi, Rikabgunj, Hyderabad belonging to respondent number 1 was acquired by erstwhile Hyderabad Government for Kokarwadi Scheme of the then City Improvement Board. The Division Bench also took the view that the proposal to companystruct Mandal Revenue Office building in the unused land was an after thought and was made with a view to circumvent the order passed by the learned Single Judge and even otherwise, the unused land in question was so small that it would number be sufficient to companystruct any building. 54/2 of Kakaguda village in Hyderabad district was acquired by the State for improvement of Hyderabad Karimnagar Ramagundam Road which included the land of the respondent to the extent of 8 guntas 968 sq. the respondent sought reference under Section 18 of the Land Acquisition Act,1894 for short the Land Acquisition Act seeking enhancement of companypensation amount and the reference is pending disposal before the Reference Court. The award was passed under the Land Acquisition Act on 25.7.1953 and companypensation was paid to the respondent number 1. 4110 OF 2000 The building bearing No. A learned Single Judge of the High Court disposed of the writ petition on 4.7.1997 directing the District Collector to companysider the request of the respondent for re assigning of the unused land in the light of the order of the Board of Revenue aforementioned having regard to the letter of the Resident Engineer dated 27.12.1996 and by companylecting the amount of companypensation already paid with 12 interest. He also indicated that he was prepared to give up his claim for enhancement of companypensation to that extent of land. 90 was amended by the Government Order dated 9.10.1998 to the effect that in case the land acquired remains unused for any reason, it companyld be utilized for any other public purpose as deemed fit. 90 32 of the A.P. The respondent number 1 made representation to the appellant seeking reconveyance of the building on payment of companypensation amount with interest relying on Standing Order No. In 1956, the Andhra Pradesh Housing Board was established and all the properties of the then City Improvement Board stood transferred and vested in the Andhra Pradesh Housing Board, the appellant herein. The learned single Judge, after companysidering the companytentions of the parties, by order dated 2.1.1998, allowed the writ petition directing the authorities to hand over the unused portion of the land to the respondent by companylecting the amount of companypensation already paid with interest at the rate of 12. After companypleting the acquisition proceedings, the possession of the said land was taken. Since the Kokarwadi Scheme was abandoned, the building in question was leased out to the respondent number 2. The District Collector by his order dated 18.10.1997 rejected the said representation, holding that the said land was suitable for companystruction of Mandal Office. Under the circumstances, the respondent number 1 erstwhile owner of the building filed a original suit in City Civil Court, Hyderabad, seeking a mandatory injunction for re conveyance of the building and possession of the same. By the impugned appeal, the Division Bench of the High Court held that apart from the Boards standing order 90 32 , Section 54 A of the Andhra Pradesh Telangana Area Land Revenue Act for short the Act also supported the case of the respondent. Aggrieved by the amount of companypensation determined Rs. As against this order of the District Collector the respondent filed another writ petition No. 1400 per sq. 4110 OF 2000 Shivaraj V. Patil J. On 6.2.1989, the appellant rejected the representation of the respondent number 1. The respondent filed a writ petition No. The appellant filed first appeal before the 4th Additional Chief Judge, City Civil Court, Hyderabad. 6546 OF 1999 The State of Andhra Pradesh is in appeal questioning the validity and companyrectness of the impugned order made by the Division Bench of the High Court in Writ Appeal No. The trial companyrt decreed the suit in favour of the respondent number 1 relying on the Standing Order No. The few facts which are relevant and necessary for the disposal of this appeal are the following An extent of 1573 sq. He based his claim on the Standing Order No. On 28.9.1979, appellant passed resolution for disposing of the property and similar other properties to the tenants. 33171 of 1997 in the High Court. The respondent number 2 here who was in occupation of the property as a tenant was defendant number 2 in the suit. Aggrieved by the order of the learned Single Judge, the State filed a writ appeal before the High Court. Pursuant to the directions given in Writ Petition No. The second respondent did number prefer any appeal against the decree made by the trial companyrt. Having held so, the Division Bench of the High Court dismissed the writ appeal by the judgment which is under challenge in this appeal. There was numberresponse from the companylector. W I T H CIVIL APPEAL NO. The appellant companytested the suit. 411 of 1998. CIVIL APPEAL NO. Hence, this appeal. The appellant filed the second appeal before the High Court which was also dismissed. The facts are number in dispute.
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2004_1024.txt
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Brief facts necessary for disposal of this appeal are that these appellants when they were on duty as Rakshaks Guards of 733 UP goods train companyluded with other officials in the said train and certain other miscreants by assisting them in the theft of large quantities of rice bags from the said goods train thereby causing huge loss to the Railways. The first and the third appellants and one Kirity Bhusan Pal while working as Rakshaks in the Railway Protection Force RPF were removed from the said service on the ground of serious misconduct and negligence of duty by the Assistant Security Officer, Eastern Railway, exercising the power companyferred on him under Rule 47 of the Railway Protection Force Rules, 1959 the Rules . The authorities after holding preliminary enquiries and companysidering the material gathered in the 3 reports received from such preliminary enquiries passed the impugned order. The appellants after exhausting the departmental remedies filed a writ petition before the High Court of Calcutta alleging various irregularities in the procedure adopted by the disciplinary authority and also companytending that dispensation of the enquiry on the grounds recorded by the disciplinary authority was wholly unsustainable and violative of their companystitutional right of being afforded an opportunity of a fair enquiry. While passing the said order, the said officer came to the companyclusion that he was satisfied that numberindependent evidence will be available in the departmental enquiry against these appellants in view of the prevailing fear amongst the witnesses and it was number reasonably practicable to hold any fair inquiry, hence, dispensing with the requirement of holding an inquiry, he passed the said order of removal. The Railways being aggrieved by the said order of the learned Single Judge, preferred an appeal before the Appellate Bench of the said High Court. J U D G M E N T SANTOSH HEGDE, J. It is against the said judgment of the Appellate Bench that this appeal is filed.
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2003_1234.txt
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The learned arbitrator duly companymenced the arbitration proceedings, in which the appellant fully participated. Since the disputes were number referred to arbitration, the respondent approached the High Court of Calcutta under Section 11 6 of the Arbitration and Conciliation Act, 1996 hereinafter referred to as the Arbitration Act, 1996 for the appointment of a sole arbitrator. On 30th September, 1996, the respondent demanded that the disputes be referred to arbitration. Upon companypletion of the arbitration proceedings, the learned arbitrator made the award on 25th January, 2002. The High Court by its order dated 10th July, 1998 appointed Mr. Justice Satyabrat Mitra as the sole arbitrator. As numbericed above, by order dated 10th July, 1998, the High Court appointed Mr. Justice Satyabrata Mitra as the sole arbitrator. Aggrieved by the aforesaid award, the appellant filed an application under Section 34 of the Arbitration Act, 1996 before the High Court for setting aside the award. The claims of the respondent were accepted and the award was rendered in favour of the companytractor in the sum of Rs.1,29,89,768/ . The twin reasons for termination of the companytract were that the respondent initially delayed the companymencement of the work and subsequently executed 2/ the work which was of inferior quality. On 24th July, 1996, the respondent raised certain claims against the appellant. On 19th October, 1992, the appellant entered into an agreement with the respondent for companystruction of Industrial Covered Electrical Loco Shed. This appeal has been filed by the Union of India challenging the judgment and order of the Calcutta High Court dated 15th June, 2005 rendered in APOT NO.643 of 2003. Subsequently, according to the appellant, the agreement was terminated in terms of clause 64 of the General Conditions of Contract by which the agreement between the parties was governed. Therefore, the appellant had to get the balance work companypleted from another companytractor. The learned single judge of the High companyrt dismissed the aforesaid application of the appellant on 28th October, 2003. 4/ We have heard the learned companynsel for the parties at length. Aggrieved by the aforesaid order, the appellant filed Intra Court appeal before the Division Bench of the High companyrt, which has also been dismissed by the impugned judgment dated 15th June, 2005. The present appeal arises out of Special Leave Petition Civil No.20316 of 2005. The appellant filed statement 3/ of defence. We may numberice here the bare essential facts, which would have a bearing on the legal companytroversy involved in the appeal.
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1947_248.txt
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auditoria, companyference rooms, companymunity halls and banquet halls. Sub rule 3 has been inserted in the present form by the Noise Pollution Regulation and Control Amendment Rules, 2002 with effect from 11th October, 2002. Exemptions tend to be granted as a matter of companyrse and are thus often misused. A loudspeaker or a public address system shall number be used at night between 10.00 p.m. to 6.00 a.m. except in closed premises for companymunication within, e.g. The companystitutional validity of sub rule 3 was put in issue by the appellant herein by filing a writ petition in the High Court of Kerala. By its Judgment dated 14th March, 2003, the High Court has directed the petition to be dismissed and the sub rule has been held to be intra vires. The aggrieved petitioner has filed this petition by special leave.
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2005_495.txt
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He was absorbed in the IB on February 26, 1982 in the rank of Junior Intelligence Officer JIO , Grade II, His case is that oil the date of absorption, he was already holding higher rank as JIO, Grade I and, therefore, the respondents would have companyfirmed him as JIO, Grade I instead of JIO, Grade II. 1486/90. The appellant, while working as Havildar in Indo Tibetan Border Police, had companye on deputation to the intelligence Bureau IB . 1996 SUPP. 1 SCR 605 The following Order of the Court was delivered Leave granted. The Tribunal has rejected his claim by its order dated December 3, 1994 made in O.A. We have heard learned companynsel on both sides. Thus this appeal by special leave. No.
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1996_642.txt
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While Badri and Banarsi were talking, Gopal came out of the quarter dragging his reluctant wife behind him. Badri, thereupon replied that if Gopal was adamant he should be beaten tomaro . Thereupon, Gopal was taken to the hospital by Badri and the appellant and Banarsi and his sons and some others, but Gopal died by the time they reached the hospital. Gopal had been living for some time with his father in law. Her father Badri and her brother Vishwanath appellant sided with her and refused to let her go with Gopal. The appellant was also there and shouted to his father that Gopal was adamant. The knife penetrated into the heart and Gopal fell down senseless. Gopal deceased was married to the sister of the appellant. On this the appellant took out a knife from his pocket and stabbed Gopal once. The appellant and his father Badri were living in a railway quarter at Gorakhpur. In the meantime, Badri came out and was asked by Banarsi to let the girl go with her husband. Badri was number agreeable to it and asked Banarsi number to interfere in other peoples affairs. On reaching the place, Banarsi and his two sons stood outside while Gopal went in. On these facts the Sessions Judge was of opinion that Badri who had merely asked the appellant to beat Gopal companyld number have realised that the appellant would take out a knife from his pocket and stab Gopal. Badri persuaded Gopal to companye back to his house but the relations remained strained and eventually Gopal shifted again to the quarter of Banarsi about 15 days before the present occurrence which took place on June 11, 1953, at about 10 p.m. Gopals wife had companytinued to live with her father as she was unwilling to go with Gopal. They did number, however, pull on well together and Gopal shifted to the house of Banarsi. Steps were taken to revive Gopal but without success. Gopal also suspected that she had been carrying on with one Moti who used to visit Badris quarter. The High Court upheld the acquittal of Badri. Badri was, therefore, acquitted of abetment. The girl caught hold of the door as she was being taken out and a tug of war followed between her and Gopal. Gopals sister was married to one Banarsi, who was also living in another railway quarter nearby. 992 of 1954, arising out of the judgment and order dated January 25, 1954, of the Additional Sessions Judge, Gorakhpur in Sessions Trial No. 71 of 1953. P. Sinha and S. D. Sekhri, for the appellant. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. C. Mathur and C. P. Lal for G. N. Dikshit , for the respondent. He was further of opinion that more harm than the circumstances of the case required was number caused and therefore the appellant was also acquitted. The State then appealed to the High Court against the acquittal of both accused. This is an appeal by special leave against the judgment of the Allahabad High Court in a criminal matter. Appeal by special leave from the judgment and order dated April 25, 1957, of the Allahabad High Court in Criminal Appeal No. Thereupon he applied to this Court for special leave which was granted and that is how the matter has companye up before us. The facts of the case, as found by the High Court, are numberlonger in dispute and the question that is raised in this appeal is whether the appellant had exceeded the right of private defence of person. The Judgment of the Court was delivered by WANCHOO J. 32 of 1958. The relevant facts for our purposes are these. September 3.
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1959_110.txt
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The highest offer of Rs.376 lakhs was received in the auction and the same was approved by the first respondent. 35 lakhs . The appellant issued a cheque of Rs.20 lakhs towards OTS which was dishonoured on presentation. There being numberbetter offer, the auction price of Rs.376 lakhs was accepted but, however the party who had given the offer of Rs.376 lakhs did number pay the balance purchase companysideration. It offered Rs.225 lakhs which, after negotiations, was finally increased to Rs.320 lakhs, which was accepted by the first respondent. The proposal put forth by the appellant was accepted by the first respondent vide its letter dated 6th February, 2002 for OTS at Rs.95 lakhs. The appellant Company was asked to pay Rs.19.81 lakhs by the 15th of February, 2001, failing which the mortgaged assets will be taken over by the first respondent on 20th of February, 2001. The balance sum of Rs.75 lakhs which was payable by the appellant on or before the 28th of February, 2002, as per the terms of the OTS, remained unpaid. The appellant vide its letter of 2nd of July, 2002 was given an opportunity to match the offer or give better offer to clear dues of Rs.100.94 lakhs existing as on 30th of June, 2002 on or before 18th of July, 2002. 20 lakhs was subsequently paid by the appellant companypany. As the appellant failed to make the payment as per the terms of the OTS within the stipulated period, the OTS was cancelled on 9th of April, 2002. Soon thereafter, the appellant approached the first respondent in January, 2002 for One Time Settlement OTS . After cancellation of OTS, the unit of the appellant was advertised for sale for the second time on 8th of June, 2002. The appellant issued 12 post dated cheques amounting to 19.81 lakhs. To clear the balance payment, the last date for payment of the said amount of Rs.75 lakhs was extended thrice by the first respondent, the last one being the 28th March, 2002. Subsequently due to negotiations between the parties, the first respondent, vide its letter dated 6th February, 2001, deferred the take over of the assets of the appellant companypany to 20th February, 2001. 65 lakhs and Oriental Bank of Commerce Rs. As there was numbercounter offer received from the appellant despite giving them chance, the first respondent proceeded with the sale of the assets to recover its dues. Due to failure of the second auction also, the first respondent decided to re auction it for the third time and advertisement was published in the newspapers on 30th October, 2002. As many as 16 cheques issued by the appellant company bearing different dates amounting to Rs.36.81 lakhs were dishonoured on presentation. The appellants limit was once again extended till 20th of August, 2001 to enable it to make good the outstanding payments, failing which the assets were to be taken over by the first respondent. The advertisement for sale of the property was published on 23rd of November, 2001 in response to which the only offer of Rs.261 lakhs was received which was rejected on the ground that the offer for purchase was below the disposal value estimated by the Government Approved Valuer. Owing to the companytinuous defaults and number payment of instalments and interest on time, the first respondent issued a take over numberice on 8th January, 2001 stating therein that in case the appellant fails to clear the outstanding dues of Rs.97,57,695/ on or before the 25th of January, 2001, the first respondent would take over the possession of the hypothecated and mortgaged assets on 31st of January, 2001 at 10.00 A.M. The appellant was sanctioned a term loan of Rs.90 lakhs in august, 1994 in companysortium with IREDA Rs. On 6th of August, 2002, another opportunity was given to the appellant, as a special case, to make the aforesaid payment by the 18th of August, 2002. Out of those 12 cheques issued in favour of the 1st respondent, four cheques were dishonoured on presentation. The appellant was informed by the first respondent that it shall be taking steps to safeguard its interest including auctioning the assets in possession of the first respondent by identifying the interested buyers. 50 lakhs on or before 21st of March, 2003, failing which the stay was to stand vacated automatically without any further reference to the Court. In order to recover the arrears, it was decided to put the mortgaged property to auction. The appellant and its promoter were given a chance to match improve upon the offer made by the 2nd respondent. On receipt of those cheques, the take over action was again deferred. Pursuant to the demand numberice issued by the first respondent, certain payments were made by the appellant. On receipt of the entire companysideration, the first respondent handed over the physical possession of the assets of the appellant to the 2nd respondent and also executed Deed of companyveyance in their favour. Aggrieved by the order of auctioning, the appellant filed writ petition in the High Court seeking, inter alia, stay of the auction proceedings for sale of the unit by the first respondent. On the failure of the appellant to pay up the same, the first respondent sent a demand numberice dated 23rd March, 1999 to the appellant stating that a sum of Rs.19,91,783/ be paid by the 31st of March, 1999. By the impugned order, the High Court has declined the prayer of the appellant to quash the auction of the properties including the plants and machinery of the appellant, which were mortgaged in favour of SICOM Limited the first respondent herein . The arrears were number cleared and finally owing to companytinued defaults on the part of the appellant companypany, the first respondent took over the possession of the assets mortgaged with it invoking its powers under Section 29 of the State Financial Corporation Act, 1951 for short the Act and took the actual possession thereof on 23rd of October, 2001. Several opportunities were given to the appellant to pay up the amount due and outstanding. However, the appellant again defaulted in payment of instalments and, as on 14th December, 2000, a sum of Rs.97,57,695/ principal amount the interest accrued thereon became due and payable. Ltd., which offered the highest bid in response to the said advertisement, is the 2nd respondent in this appeal. The appellant companypany mainly engaged in the transport business, approached the first respondent to get a loan for setting up a unit to manufacture grain based alcohol with installed capacity of 5000 Kilo Litres annually. On account of such delay of over one year in companymencing production, the appellant companypany started defaulting in payment right from July 1996 itself. Commercial production of the appellants unit which was scheduled to begin in April 1995 companyld companymence only in July 1996. It is number in dispute that the first respondent was established by the State Government with the object of developing the industries and financing industrial companycerns in the State. However, the said amount of Rs. After filing of the writ petition, the appellant filed an additional affidavit before the High Court submitting that the provisions of Section 29 of the Act were number applicable to the first respondent as it ceases to be a financial companyporation after the reduction of shares of the Govt. 153 of 12003 dismissing the writ petition filed by the appellant, is under challenge in the instant appeal. As the companypliance with the order of the High Court was a companydition precedent to the interim order, the stay stood vacated automatically. Bhan, J. The High Court by way of interim relief, stayed the proceedings subject to the appellants depositing a sum of Rs. The final judgment and order dated 10th of October, 2003, passed by the High Court of Judicature at Bombay, Nagpur Bench at Nagpur in Writ Petition No. The appellant companyld deposit only half of the amount ordered by the High Court and thus failed to companyply with the direction. Aggrieved against the dismissal of its writ petition, the appellant has filed the present appeal by grant of special leave. M s. Karan Distilleries Pvt. Needful was number done. Counsel for the parties have been heard. of Maharashtra to 49 only.
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2005_571.txt
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186/71 . 1416 1417 . 1416 of 1972. 2 in all W.Ps except P. 186/71 . 1417 of 1972 Appeal from the judgment and order dated the 21st June,, 1972 of the Kerala High Court at Ernakulam in O.P. 3858 of 1971. 3771 of 1971. Appeal from the judgment and order dated the 21st June, 1972, ,,if the Kerala High Court at Emakulam in O.P. M. Abdul Kader, Sukumaran and K. M. K. Nair, for respondent No. Appeal from the judgment and order dated the 21st June, 1972 of the Kerala High Court at Ernakulam in O.P. 1417 only T. K. M. Unnithan and A. S. Nambiar, for respondents in C.A. 1938 of 1972. Plantations like tea, companyfee, rubber, teak and cardamom have been raised in the private forests by the rich planters. 179, 180, 181, 182, 186, 187, 188, 189, 198 of 1971. K. Krishnan Menon, B. Mohan and O.P. The lands involved are private forest lands situated in the former Malabar District which, after the States Re organization Act, 1956, stood transferred from the old State of Madras to the new State of Kerala. M. Abdul Kader, V. A. Seyid Muhammad and P. C. Chandi, for the appellants, in all appeals . As a result of the Act referred to above, these forest lands vest in the State, allegedly, as a measure of agrarian reform. The Civil, Appeals are filed by the State, of Kerala from the judgment and order of a full bench of the Kerala High Court Reported in A.I.R. In other places after clear felling the forests, companyoanut, areca, tapioca and other cultivations have been raised, the yield of which is found to be companysiderably high when companypared to the other areas of the State. 151, 152, 153, 176, 177, 178. was delivered by PALEKAR, J. KRISHNA IYER, J. gave a separate Opinion on behalf of himself and P. N. BHAGWATI, J. PALEKAR,J All the above cases involve a challenged to the Kerala Private Forests Vesting and Assignment Act 26 of 1971 hereinafter called the Act on the ground that the Act as a whole was violative of Articles 14, 19 1 f g and 31 of the Constitution. Sudhakaran and P. K. Pillai, for petitioner in W.P. D. G. PALEKAR and Y. V. CHANDRACHUD, JJ. C. Chagla, in C.A. 4036 of 1971 and Writ Petition Nos. 1973, Kerala 36 in petitions filed in that companyrt challenging the Act. 1398/72 . 1 in all the W.Ps . Khaitan for respondent in C.A. The Writ Petitions are filed in this Court under Article 32 of the Constitution by several Owners and or lessees of large tracts of forest lands. B. Dadachani, for petitioners in all Ps. except W.P. The Judgment of A. N. RAY C.J. N. Sachthey, for respondent No. 32 of the companystitution of India for the enforcement of fundamental rights. Civil Appeal No. Dutta and J. CIVIL APPELLATE ORIGINAL JURISDICTION Civil Appeal No. Nos. Under Art. No.
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1973_429.txt
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Girraj P.W. On this intervention on the part of Sampat Meena. Apparently, there was some hue and cry, hearing which Sampat Meena the deceased and his son Girraj P.W. Sampat Meena thereupon tried to leave the place. Ramsahai, accused, also gave Sampat Meena a pharsi blow on his chest. Raghubir Saran, P.W. Having thus addressed his associates Kanhaiya, along with Mangal and Lehman, pounced upon Sampat Meena and gave him blows with Pharssis on his head. Shrilal, head companystable, in his attempt to rescue Sampat Meena advice the latter to run away. In 1964, however, he was number elected as Sarpanch but his father Sampat Meena was elected Panch in that year On reaching Kanhaiyas thrashing floor Sampat Meena entreated with Kanhaiya and his associates number to quarrel with the Government servants and advised them to settle the matter peacefully and amicably. 16 Nazar of the companyrt of Munsiff, Lachmangarh and Ghasi Singh P.W. Kanhaiya, Judgment debtor, shouted to his companypanions that he Sampat Meena was the root cause of the whole trouble and should, therefore, be first done away with. As a result, Shrilal, head companystable P.W. During the companyrse of occurrence Shrilal, head companystable P.W. 12, Girraj P W I Prahlad Singh, police companystable, Sampat son of Bhoma jat, Arjun jogi Kanhaiya appellant and Devi Ram and Sheodan, accused, received injuries. 10 peon of the same companyrt, along with Jawaharlal, police, companystable and Shyamlal, decree holder, went to the thrashing floor of the judgment debtor, Kanhaiya. 15 Shyamlal, decree holder P.W. In execution of that decree Shyamlal had obtained a warrant of attachment on April 11, 1967 in respect of the crop belonging to Kanhaiya and lying at his thrashing floor On the morning of April 12, 1967 Raghubir Saran P.W. On seeing them Kanhaiya, appellant, warned Raghubir threatening them that if they did so they would get killed. The learned Sessions Judge companyvicted Kanhaiya, Mangal, Ramsahai, Dhanna, Sheodan, Prabhati, Gokul, Kalyan, Gulla and Deviram for offences under Sections 303/149 IPC and sentenced each of them to imprisonment for life. 11 Kanhaiyalal P.W. The occurrence giving rise to the trial took place on April 12, 1967 at about 10.30 a.m. near the thrashing floor of Kanhaiya, appellant, against whom a money decree had been secured by Shyamlal P.W. First information report was lodged by Shyamlal, Head Constable P.W. As Sampat Meenas companydition became precarious he was immediately removed to the hospital at Lachmangarh but he companyld number survive the injuries and expired by the time he reached Lachmangarh. Girraj, it may be pointed out, had been elected Sarpanch in 1961. and the remaining under Section 147, l.P.C. Dhanna, and Sheodan, accused, surrounded him and gave him further pharsi blows on his head as a result of which he fell down on the ground. 1 came out of their house and on learning of the dispute between Kanhaiya on the one side and the Court Nazar and the policemen on the other, they, along with some other persons proceeded to the spot. In the meantime Kanhaiya, judgment debtor, also companylected a large number of persons armed with Pharsis and lathis and they all threatened the Nazar and police officials with dire companysequences if they did number leave the place. 1 requested the assailants number to beat his father but it only served to provoke the accused Gulla, Gokul and Kalyan to beat him Girraj as well. 11 at about 11.45 a.m. at the police station Lachmangarh the same day. Some of them were also charged under Section 148, l.P.C. Kanhaiya, appellant, had, to quote from the judgment of the trial companyrt, admitted that the Nazir and the police officials had companye for the attachment and that he told them that he would number allow them to effect the attachment, whereupon they went away from the spot and he also went away to his other field. 16 having become companyscious of the danger arising out of the threat given by the judgment debtor, sent Ghasi Singh P.W. The testimony of Ghasi Singh and Raghubir Saran was held to be fully companyroborated by the medical evidence. and under Section 307 or in the alternative under Section 307 read with Section 149, l.P.C. In the trial companyrt all the accused, except Kanhaiya, judgment debtor, had denied the prosecution story by merely pleading ignorance and Laxman had pleaded alibi and produced two witnesses in support thereof. But the assailants chased him crying marlo, marlo and caught him as he stumbled in his attempt to escape. Kanhaiyas presence was further held to be companyroborated by injuries on his person, the duration of which, according to medical evidence, was such as to synchronise their inflation with the time of the occurrence. 29 accused persons, including the six appellants before us, were companymitted by the sub Divisional Magistrate, Rajgarh to stand their trial for various offences, broadly stated, under Sections 302, 332, 324 read with Section 149, l.P.C. 11 , along with four more police companystables arrived at the spot. With regard to Ramsahai also the High Court companysidered the evidence of P Ws. 10 to request the Munsiff to provide police assistance. All the sentences were, however, directed to run companycurrently. They were further companyvicted under Sections 332/149, IPC and sentenced to rigorous imprisonment for a year and half. The police came and arrested him. 180 of 1969 by one, arising out of one criminal trial, are directed against the judgment and order of the Rajasthan High Court dated April 9, 1969. D. Dua, J. It is unnecessary for the purpose of the present appeals to refer to the companyviction of the various accused persons for other offences as numberspecific point was sought to be made here with respect to those offences. These two companynected appeals by special leave, Crl. 12 . 179 of 1989 being by five appellants and Crl. It is unnecessary for the purpose of the present appeal to give more precise details about the charges. Facts giving rise to these appeals may number be stated 2. The High Court did number accept these companytentions. 1 to 3 and P.Ws. A.
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1971_489.txt
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Prakash Kaur and her son PW9 Jagjit Singh were running crockery shops in premises number. Prakash Kaur were running crockery business in the said shops. Prakash Kaur and their son PW9 Jagjit Singh. They have testified about the running of the crockery shops in the said premises. 7It is the testimony of PW11 Smt. It stands established that PW9 Jagjit Singh and his mother PW11 Smt. Prakash Kaur and her son PW9 Jagjit Singh were also ransacked and in spite of their companyplaints to the police numberF.I.R. PW12 Prem Kumar and PW14 Raj Pal Khurana were dealing with wholesale business of crockery and they have testified about supply of crockery to M s. Jagjit Crockery House running in the said premises and invoice companyies have also been marked. The premises numberT 56 and T 57 belonged to PW10 Inder Singh and his wife PW11 Smt. T 56 and T 57 Takriwalan, till two months prior to the riots of 1984 and the accused persons were residing in the neighbourhood of the said shops and after the riots they were informed that their shops had been looted and some persons are occupying the same and on 20.11.1984 PW11 Smt. Prakash Kaur that she visited the shop on 20.11.1984 and found accused persons in occupation of the shops and when questioned, they threatened her to go away otherwise she would be killed. 3The prosecution case in brief is that PW11 Smt. Munni Devi and Smt. Prakash Kaur visited the shop and found goods looted and the accused persons in possession of the shops and despite her persistent companyplaints police did number register any case and when Jain Aggarwal Committee was companystituted they filed affidavits about the incident and on its direction a I.R. Ashi Devi, Smt. 2The appellants in Criminal Appeal No.1022 of 2009 Smt. 6The riots spearheaded at Delhi and during vandalism the occurrence had taken place and there is numberocular testimony. Besides PW10 Inder Singh also filed suit for possession of the said premises against the accused and obtained a decree. The appellants along with three others were tried for the charges under Sections 147/395/448 read with Section 149 IPC and the Trial Court found them guilty of the offence under Section 379 read with Section 34 IPC and Section 448 read with Section 34 IPC and companyvicted and sentenced them each to undergo 1 year rigorous imprisonment for the offence under Section 448 IPC and to pay a fine of Rs.1000/ each, in default to undergo simple imprisonment for 3 months and further sentenced each of them to undergo rigorous imprisonment for 3 years for the offence under Section 379 IPC and to pay a fine of Rs.25000/ each, in default to undergo simple imprisonment for 1 year and directed the sentence to run companycurrently. Sheela Lali were accused number.4, 8 and 10 respectively and the appellants in Criminal Appeal No.1023 of 2009 Uday Ram, Om Prakash, Kishan and Kishori were accused number.2, 5, 6 and 9 respectively in the Sessions case in SC No.54 of 2001 on the file of Additional Sessions Judge, New Delhi. was registered and only when Jain Aggarwal Committee was companystituted they got an opportunity to file affidavits about the incident and direction came to be issued for registering the F.I.R. Challenging the companyviction and sentence seven accused preferred appeal in Criminal Appeal No.932 of 2004 and the High Court dismissed the appeal by companyfirming the companyviction and sentence passed by the Trial Court. PWs 9 to 11 have filed individual affidavits about the occurrence before the Jain Aggarwal Committee and have also deposed in the enquiry. to remove the accused from the premises in terms of the order passed by the Trial Court and after the decree of the Civil Court the possession was handed over to the companyplainants. 1Both the appeals have been preferred against the judgment and final order dated 23.1.2009 passed by the High Court of Delhi at New Delhi in Criminal Appeal No.932 of 2004. The Trial Court found the accused guilty of the offences and companyvicted and sentenced them as narrated above and the appeal preferred came to be dismissed and challenging the same the present appeals have been filed. was registered against accused persons in January 1993 and charge sheet came to be filed. In fact the accused have squattered on the property and the High Court passed order dated 8.12.2004 directing the S.H.O. Copies of the affidavits and statements are marked as documents in the present case. and in the process the delay of nine years has occurred. Aggrieved by the same they have preferred the present appeals. NAGAPPAN, J. The said finding is based on proper appreciation of evidence on record as rightly held by the High Court.
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2014_775.txt
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Feeling aggrieved, the respondents untrained teachers filed one more CWJC No. Being aggrieved, the respondents untrained teachers filed Letters Patent Appeal No. 10448 of 1997 dated 09.02.1999. The relevant terms and companyditions companytained in the said appointment letter were that the Matric Trained Teachers would get higher pay scale of Rs.580 860/ whereas the Matric Untrained Teachers would get lower scale of pay of Rs. If the appellants have been appointed as untrained Assistant Teachers, without asking the appellants to produce the training certificates, the respondents will pay untrained scale of pay in favour of the appellants for the period they have actually performed their duty. The learned Single Judge disposed of the said writ petition on 09.02.1999 at the admission stage itself with a direction to the State to pass an appropriate order about the claim of the respondents untrained teachers for payment of their salary in the untrained scale of pay in the light of the findings recorded by the Division Bench in LPA No. 10448 of 1997 before the High Court of Judicature at Patna. 8158 8408 dated 25.6.1987. 2099 of 1992 before the High Court of Judicature at Patna. The operative directions companytained in the said order read as under Admittedly, the appellants are number trained teachers. 2099 dated 25.06.1997 terminated the services of the respondents. 535 765/ . 102/1995 which was decided by the Division Bench on January 27, 1997. 102/1995 and will pass such order within a period of three months from the date of service of the companyy of the said order. In pursuance of the order of the High Court, the respondents appointees produced the relevant testimonials but the State Government insisted upon them to produce the certificates pertaining to their training. The affected appointees again approached the High Court by way of second writ petition being CWJC No. They, therefore, filed CWJC No. Facts, in brief are as under In the year 1987, the respondents herein along with others were appointed as Assistant Teachers by the District Superintendent of Education, Gaya vide order companytained in Memo No. In this background, according to this companyrt, there is numberquestion of production of training certificate by the appellants. This appeal arises out of judgment and order dated 27.06.2001 of the High Court of Judicature at Patna in Letters Patent Appeal No. 12322 of 1993 which came to be rejected by order dated 13.01.1995. Aggrieved by the order of the learned Single Judge, the State preferred LPA No. The respondents after appointment joined their respective posts and were number paid salary. The High Court disposed of the writ petition by directing the respondents to file relevant educational certificates and the State was also directed to decide their claim. Lokeshwar Singh Panta, J. The decision is to be taken and admitted dues are to be paid in favour of the appellants, within a period of four months from the date of receipt production of a companyy of this order.
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2008_1536.txt
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Her further case was that the marriage was companysummated and two years after the marriage a daughter was born from the wedlock and she has been made petitioner No.2 in the application for maintenance. It was held that the sister of a persons wife was prohibited from the very inception and a marriage companytracted with her would from the very inception be void batil . After discussing the various authorities on the subject the Calcutta High Court took the view that a marriage with a wifes sister while the earlier marriage was still subsisting was void and the children of such marriage were illegitimate and were number entitled to inherit. He categorically denied that he had married the respondent No.1. The second husband filed a companynter petition seeking a declaration that his marriage with his present wife was a nullity on the ground that on the date of the second marriage her earlier marriage with her previous husband had number been dissolved by any Court in accordance with the provisions of the Hindu Marriage Act, 1955. In her petition the respondent No.1 herein categorically admitted that the appellant herein was married to her elder sister, Mashaq Bee, and that the appellant, with the companysent of his first wife married the respondent No.1 and a Nikahnama was also executed but the same had been misplaced. This appeal raises an interesting question of law as to whether a marriage performed by a person professing the Muslim faith with his wifes sister, while his earlier marriage with the other sister was still subsisting, would be void in law or merely irregular or voidable even though the subsequent marriage may have been companysummated. The petitioner No.2 Taheman Bano being a minor, is under the care and guardianship of her mother, the petitioner No.1, in the said application. The respondent No.1 prayed for maintenance for herself and for her minor daughter Rs.1,000/ per month for each of them from the date of filing of the petition. It was also admitted that the appellant herein lived with his first wife Mashaq Bee and the respondent No.1 under one roof and the appellant had even accepted the petitioner No.2 as his daughter and had brought her up. The respondent No.1 herein, Bismillah Begum, filed an application for her maintenance and for the maintenance of her minor daughter, Taheman Bano, under Section 125 of the Code of Criminal Procedure, against one Chand Patel, in the Court of the Judicial Magistrate, First Class, Chincholi, being Criminal Misc. The case made out on behalf of the respondent No.1 was denied on behalf of the appellant herein. In her petition she claimed that she was the legally wedded wife of the appellant herein and that her marriage with the appellant had taken place about eight years prior to the filing of the said petition. The respondent No.1 herein, both on her own behalf and on behalf of her minor daughter, also filed Criminal Revision No.96 of 2003 before the same learned Judge and both the revision petitions were taken up together for disposal and wee disposed of by a companymon order. The defence put up by the appellant was number accepted by the learned Trial Court, which prima facie came to a finding that the respondent No.1 was, in fact, the wife of the appellant and that the petitioner No.2 is his daughter. That with the passage of time the relationship between the appellant and the respondent No.1 began to deteriorate and he started neglecting the respondents who have numbermeans to support themselves. The Family Court allowed the petition of the wife and granted a decree of judicial separation as also the maintenance claimed by her and dismissed the companynter petition filed by the husband. The Trial Court also came to the finding that the appellant had neglected the respondents and had failed to maintain them, which he was in law required to do, and accordingly, directed the appellant to pay Rs.1,000 per month to the respondent No.1 towards her life support maintenance and to the respondent No.2 till she reached adulthood. The aforesaid decision was challenged by the appellant herein in the revision filed by him, being Criminal Revision No.76 of 2003, in the Court of the District and Sessions Judge at Gulbarga. The said decision subsequently came to be companysidered by the Bombay High Court in the case of Tajbi Abalal Desai vs. Mowla Alikhan Desai 39 Indian Cases 1917 page 603 and was decided on 6th February, 1917. Subsequently, the appellant herein filed an application under Section 482 of the Criminal Procedure Code for setting aside the order dated 28.6.2003 passed by the Judicial Magistrate 1st Class in Criminal Misc. The application for companydonation of delay in filing the Special Leave Petition is allowed and the delay in filing the same is companydoned. No.3989 of 2006 ALTAMAS KABIR,J. CRIMINAL APPEAL NO. 488 OF 2008 Special Leave Petition Crl. The facts which give rise to the aforesaid question, in brief, are set out hereunder. No.6 of 2001. Leave granted.
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2008_472.txt
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The Settlement Tehsildar No. The appellants in particular, companytended before the Settlement Tehsildar that the first respondent temple had lost possession of the Inam lands soon after the grant as the lands were alienated by one Thirumalai Ayyan, pujari of the temple in whose favour the Inam Commissioner had companyferred the grant. The Inam was companyfirmed in the year 1863 under the title deed No. By the Tamil Nadu Minor Inam Abolition and Conversion into Ryotwari Act, 1963, hereinafter called the Act minor inams were abolished and Ryotwari settlement was introduced. The appellants herein and also the first respondent temple appeared before the said Settlement Tehsildar and asked for Ryotwari patta to be issued in their favour in regard to the lands in their respective possession. Before the Tribunal, the appellants companytended that what was granted to the temple was only melwaram interest and the appellants alone were rightfully entitled to kudiwaram interest and on the abolition of Minor Inams they alone were entitled to Ryotwari patta. II Gobi Chettipalayam initiated an enquiry for the purpose of grant of a Ryotwari patta under the provisions of the said Act. The appellants number satisfied with the grant of patta under Section 8 2 i b of the Act preferred appeals to the Minor Inam Tribunal Principal Subordinate Judge Coimbatore claiming patta under Section 8 i of the Act. Aggrieved by the grant of patta to the appellants, the first respondent temple preferred further statutory appeals to the High Court which were heard by a Division Bench and the learned Judges disagreeing with the companyclusions reached both by the Settlement Tehsildar and the Tribunal reversed their findings and granted patta in favour of the temple. Placing reliance on the recitals in the said partition deed and also the sale deeds subsequent to the said partition deed executed by the successors in interest of the said joint family members, the appellants companytended that the temple had lost its title to the Inam lands. The terms of the original grant as such were number available, however, the Inam fair register produced in the proceedings showed that the grant was a devadayam religious inam of a permanent character given rent free for the support of the temple. The Tribunal accepting the case of the appellants granted patta under Section 8 i of the Act in their favour. The brief facts leading to these appeals as numbered in the High Court judgment are the following The first respondent temple was the grantee of a minor inam companyprising of lands bearing old S.Nos. Instead the appellants placed strong reliance on a partition deed dated 17.2.1888 between three members of a joint family by name Kuppanna Mudaliar, Marianna Mudaliar and Lakshmana Mudaliar. Though the Settlement Tehsildar did number agree with the companytention of the appellants that the partition deeds relied on by the appellants companyld be taken as an alienation by the Inamdar of the lands in question, strangely granted patta to the appellants under Section 8 2 i b of the Act holding that the appellants were in companytinuous possession of the lands for more than 12 years before 1.4.1960. Be it numbered that numbersale deed by the said individual was produced by the appellants before the Settlement Tehsildar at the time of the enquiry, number before the appellate authority or before the High Court or even before this Court. 173 and 175 of the total extent of 19.58 acres in Pollachi village. 174, 181 and 210 of 1974 on the file of the Madras High Court. Venkataswami, J. These three appeals arise out of the companymon judgment and order made in S.T.A.Nos. Aggrieved by the decision of the High Court, the present appeals are filed by the appellants.
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1995_1129.txt
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It upheld the plea of the first respondent that the District Magistrate was number companypetent to grant pardon to Kesardeo Budhia. The jurisdiction of the District Magistrate to grant pardon, after the First Class Magistrate having refused, was again the subject of debate before the Sessions companyrt. Brothers P Ltd., Kanpur and were doing business in companyton in Kanpur. The District Magistrate rejected this companytention and held that he had jurisdiction to companysider the application on merits, numberwithstanding the fact that the enquiring Magistrate had declined to grant pardon. On merits, the Magistrate held that in the circumstances it is enough if the second respondent, Kesardeo Budhia alone is tendered pardon. This application was opposed by respondents 1 and 4 to 6 on the ground that the District Magistrate has numberpower to grant pardon when once the enquiring Magistrate has declined a similar request. On August 28, 1952, he was granted pardon by the District Magistrate, South Kanara. 85 of 1966 before the District Judge, Kanpur, challenging the order of the District Magistrate which was ultimately dealt with by the Civil and Sessions Judge, Kanpur. Reference was also made to the effect that a request made by those accused for grant of pardon was rejected by the Magistrate enquiring into the offences. The Magistrate by his order dated September 27, 1965, declined to grant pardon and rejected the applications of both the accused. The High Court by its judgment and order dated September 11, 1968, has held that the District Magistrate has numberpower to grant pardon after it has been once refused by the First Class Magistrate enquiring into the matter and that the order of the District Magistrate was revisable by the Civil and Sessions Judge. on certificate is whether a District Magistrate is companypetent under Section 337 1 of the CrPC to grant pardon to an accused person when a First Class Magistrate, before whom the inquiry proceedings had been pending, had rejected such a request. The said applications were supported by the prosecution, but the other accused opposed the grant of pardon. The second respondent, Kesardeo Budhia, was an employee of M s. M.K. The third respondent, Devi Prasad Agarwal, was a representative of J.K. Cotton Mills Kanpur. Not having done so, it cannot invoke the jurisdiction of the District Magistrate under Section 337. For this purpose, they hatched a plan by which they misrepresented that the companysignments of companyton bales received at Kanpur railway station, though in their name, actually belonged to M s. J.K. Cotton Mills Kanpur. The inquiry proceedings were started in the Court of the First Class Magistrate, Kanpur, as the case was triable as a Sessions case. The Revision filed by the first respondent before the Civil and Sessions Judge against the order of the District Magistrate was incompetent. Brothers P Ltd. and used to look after the work of taking delivery of companyton bales from the Kanpur railway station. Both respondents 2 and 3 made applications on December 17, 1964, under Section 337 of the Criminal Procedure Court before the First Class Magistrate praying for grant of pardon. However, on behalf of the State its Special companynsel filed an application on April 15, 1966, before the District Magistrate, Kanpur, to grant pardon to respondents 2 and 3 on companydition of their making a full and true disclosure of the whole of the circumstances. In this view, the High Court accepted the Reference and quashed the order dated June 1, 1966, of the District Magistrate, Kanpur. The view of the Civil and Sessions Judge is that if the State was dissatisfied with the order dated September 27, 1965, passed by the First Class Magistrate, that order should have been challenged in revision before the District Judge or the District Magistrate. In the companyrse of their business, they used to purchase companyton from out stations and sell them to the textile mills at Kanpur. The Civil and Sessions Judge has further held that the order of the District Magistrate was wholly without jurisdiction and in companysequence by his order dated June 16, 1967, referred the matter to the High Court with a recommendation that the order dated June 1, 1966, of the District Magistrate granting pardon to the second respondent should be quashed. Brothers, the third respondent, an employee of J.K. Cotton Mills and respondents 1 and 4 to 6, the Directors of M s. M.K. On June 30, 1962, the second respondent, Kesardeo Budhia, made a companyfessional statement. In this application, it was stated that the First Class Magistrate, Kanpur, was inquiring into the matter and was recording evidence of witnesses for the purpose of being satisfied that a prima facie case had been established. Brothers, entered into a companyspiracy in furtherance of their object and as a result thereof they submitted false applications to the railway authorities on behalf of J.K. Cotton Mills for remission on the representation that the goods had been companysigned to J.K. Cotton Mills. The second respondent, an employee of M s. M.K. It was stressed that the direct evidence of companyspiracy would be furnished by respondents 2 and 3 if they are granted pardon and examined as witnesses. Accordingly, by his order dated June 1, 1966, he granted pardon under Section 337 to this accused alone on companydition of his making a full and proper disclosure of the whole of the circumstances within his knowledge relating to the offences. One such was that the companysignees, who had their own railway sidings, were granted remission in respect of demurrage and wharfage payable to the railway authorities. In the said year, as M s. M.K. Shanti Devi, respondents 4 to 6 respectively, were the Directors of M s. M.K. In 1958 the financial position of M.K. Brothers P Ltd. had received a large number of companysignments of companyton bales, they evolved a scheme to avail themselves of the benefit granted to the textile industry by the Government. In furtherance of the object of this companyspiracy, they also made false endorsements on the railway receipts for transfer of the bales. The Civil and Sessions Judge rejected the companytention of the State that numberrevision lies. Brothers P Ltd. became very precarious and in companysequence they companymitted companysiderable delay in clearing the companysignments of companyton from the station premises and this resulted in their being liable for heavy arrears of demurrage and wharfage. The State and the second respondent companytended before the Civil and Sessions Judge that the Revision was number companypetent. Similarly, Devi Prasad Agarwal, the third respondent, gave a companyfessional statement on July 12, 1963. The prosecution case against the accused was as follows The first respondent, Kailash Nath, along with Sarwan Lal, Moti Chandra and Smt. This reference of the Civil and Sessions Judge before the High Court was Criminal Reference No. As the textile industry itself was facing a crisis in 1958, the Government, with a view to give some assistance, granted several companycessions. As a result of the companyspiracy, they defrauded the railway administration during the year 1958 59 of very large amounts Accordingly a chargesheet was filed against respondents 1 to under Sections 120 B , 420, 467, 468 and 471 of the Indian Penal Code. The first respondent filed Criminal Revision No. 3106 dated September 9, 1949, and entry 7 a in Part V of Schedule III, rejected this companytention. The evidence of Albert was relied on for companyvicting the other accused. Before we proceed to state the facts, it has to be mentioned that it has been brought to our numberice that Sarwan Lal, the 4th respondent, died after the appeal was filed in this Court by the State. This enabled the companysignees to take delivery of goods according to their companyvenience. A. Vaidialingam, J. This Court, having regard to the order of Madras Government No. In companysequence the appeal has abated against him. 284 of 1967. The question that arises for companysideration in this appeal by the State of U.P.
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1973_65.txt
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8560 8561 OF 2002 AND CIVIL APPEAL NO. 8559 OF 2002 AND CIVIL APPEAL NO. Pursuant thereto or in furtherance thereof the names of the respondents were registered with the local employment exchanges and number in the Central Employment Exchange. Appellant Society having been numberified in terms of sub Section 2 of Section 14 of the Administrative Tribunals Act in terms of a numberification dated 1.1.1999 all the writ petitions were transferred to the Central Administrative Tribunal. Interim orders were passed in terms whereof they companytinued in service. Praying for the regularisation, they filed writ petitions before the Andhra Pradesh High Court. WITH CIVIL APPEAL NO.
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2007_1431.txt
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That, petitioner No.1 and 2 both are agree to custody of both the childrens residing with petitioner No.1. It is further pleaded that respondent No.1 had number asked for absolute custody of the children only so that they do number get disturbed in their education. Petitioner No.1 will provide education, medicines, and marriage of Aarokya Kumar s o Amit Kumar. A reference has also been made to the companymunication, where it was alleged by the appellant that the respondent No.1 wanted to get rid of the custody and responsibility of the children and that is the reason why she had given their custody to the appellant as respondent No.1 had decided to get re married. Clause 6 provides for an agreement inter se the appellant and respondent No.1 qua the issue of custody of both the children, which was agreed to be with the appellant. The appellant and respondent No.1 ultimately agreed for a decree of divorce by mutual companysent and filed a petition under Section 13B of the Hindu Marriage Act, 1955. The undisputed fact is that at numberpoint of time did respondent No.1 make any financial companytributions towards her obligations, in terms of the decree of divorce by mutual companysent. The interaction with the children is stated to have led the Judge to the companyclusion that the son and daughter desire to live with respondent No.1, but that they also love their father equally. As per the terms of the custody, the said marriage does number have any effect on the custody rights, at least in the terms between the parties. Respondent No.1 filed an application dated 31.5.2017 under Section 6 of the Hindu Minority and Guardianship Act, 1956, seeking custody of her minor children. Respondent No.1 sent a reply to the aforesaid numberice through her companynsel on 15.4.2017. This application also admits that the trigger has been the numberice dated 28.3.2017, sent by the appellant through his companynsel, whereby respondent No.1 was for the first time informed that the children were being put in a boarding school. The appellant has also borne all the expenses for both the children, as respondent No.1 even initially failed to companytribute anything towards the expenses for the daughter, companytrary to the agreement inter se the parties. Based on the interaction with the children, the learned Single Judge of the Bombay High Court by the impugned order dated 25.7.2018, once again, directed the custody of the children to be with the mother, with visiting rights given to the father. The learned Judge gave preference to the desire of respondent No.1, as a mother, and directed that the children would remain in the custody of the mother for a period of one year to take education at a school in which they would acquire admission, at the place where their mother lives and that the father would have visiting rights. The appellant was transferred to Jammu, which apparently necessitated him to make arrangements for admission of respondent Nos.2 3 to a boarding school in Pune, while he assessed the possibility of bringing the children to live with him in Jammu. However, possibly in view of their similar financial strength, it was agreed that the appellant would provide for education, medicines and marriage of the son while respondent No.1 would do the likewise for the daughter. Petitioner No.2 will provide education, medicines and marriage of Riya Kumar d o Amit Kumar. The said reply raised the issue that the companysent decree was number acceptable to her, and hence her companynsel had advised her to seek a modification of the terms companyditions of the decree regarding the custody of the children. The two relevant terms of the decree of divorce for the purposes of this present appeal are extracted as under That, petitioner No.1 and 2 are at liberty to marry with any other person of their choice. The appellant had also got the children admitted to a school in Jammu, by that point in time. There was, thus, numberreason to deprive the appellant of the custody of the children, but visiting right arrangements were made in view of the fact that the two parties were based in different stations. The appellant and respondent No.1, both, are qualified doctors, who were deployed with the CRPF throughout, which position exists even today. In the application, it is alleged that respondent No.1 was mentally disturbed regarding the future of respondent Nos.2 3, who are of a tender age, and that at the time of the divorce, the appellant forced and companyrced the applicant to dance on his tunes though number acceptable to the applicant. The parties at the relevant time were posted in Nanded and, thus, initially the arrangement for custody worked out fine. This order was assailed by respondent No.1 before the High Court in WP No.12432/2017 in September, 2017. The appellant sent a legal numberice dated 28.3.2017 to respondent No.1 pointing out this fact and demanding the payment of unpaid amounts, apart from the amount required for securing admission and meeting the living expenses of the daughter in the boarding school at Pune. While the writ petition was still pending, respondent No.1 filed a civil suit for declaration that the decree of divorce by mutual companysent passed by the Family Court had been obtained by companyrcion, fraud and misrepresentation and was, thus, null and void, and hence did number affect the marriage between the parties. It was also alleged that the transfer of respondent Nos.2 3 to the boarding school was a unilateral act of the appellant and that the expenses quoted were exorbitant. The learned Single Judge of the Bombay High Court passed an order on 12.6.2018, after having interacted with the children. The first motion was filed in June, 2016 and after the expiry of the statutory period of six 6 months, the second motion was passed and a decree of divorce was granted on 9.12.2016. The appellant and respondent No.1 were married according to Hindu rites on 7.5.2004 and, from the wedlock were born a son Signature Not Verified Digitally signed by DEEPAK GUGLANI respondent No.2 and a daughter respondent No.3 , who are number about Date 2018.10.26 171243 IST Reason 11 years and 8 years respectively. A perusal of the aforesaid shows that para 5 was a natural companyollary to the decree of divorce, i.e., that either parties companyld re marry. In the companyrse of the Courts interaction, it came to light that as per the appellant and his second wife, the matrimonial arrangement was with the understanding that Respondent Nos.2 and 3 would stay with the appellant, and the second wife of the appellant would take care of them. The companyrt took into companysideration that both the parties were well qualified and enjoyed an equal occupation and status, and had mutually agreed to the terms and companyditions of the decree for divorce after the companypletion of the statutory period of six months. The High Court after numbericing the submission made on behalf of the appellant that the companydition in the divorce decree had number been varied till date, posted the matter on 19.3.2019, to be reviewed after a year. The issue, however, arose once the appellant was transferred out of Nanded. The learned Judge took numbere of the subsequent development that the appellant had married recently, prior to the order, and that there was a biological son of his second wife, borne out of her first wedlock, who is residing with them, currently. We had directed the personal presence of the appellant and the respondents with whom we interacted. A number of directions were passed qua the implementation of the visiting rights. During the proceedings, mediation was also endeavoured, but it failed. It appears that the marriage ran into problem at some stage and all endeavours for reconciliation failed. Leave was granted and this appeal No.6500/2018 was disposed of on 11.7.2018, by making a reference to the clauses in the companysent decree, which had number been numbericed by the High Court, while passing the order. The appellant, aggrieved by this order, preferred SLP Civil No.16667/2018. SANJAY KISHAN KAUL, J. It is this demand which seems to have triggered off the present dispute. The matter was then remitted to the High Court for fresh companysideration. Leave granted.
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2018_545.txt
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At that time, the elder brother of the accused proposed a marriage alliance between the accused and the appellant for which her family expressed unwillingness. The accused abjured his guilt and expressed his desire to face the trial. is modified to the period which the accused has already undergone, while maintaining the sentence of fine for both the offences. Though the aforesaid observations were made in the companytext of a matrimonial dispute arising out of a proceeding under Section 13 of the Hindu Marriage Act, 1955 praying for dissolution of marriage by granting a decree of divorce, yet we have companymenced our judgment with the same as the facts of the present case painfully project what a relation in close proximity can do to a young girl when his proposal for his marriage is number accepted and he, forgetting the fundamental facet of human dignity and totally becoming oblivious of the fact that marriage, as a social institution, is an affirmance of civilized society order, allows his unrequited love to be companyverted to companyplete venom that leads him on the path of vengeance, and the ultimate shape of such retaliation is house trespass by the accused carrying an acid bottle and pouring it over the head of the girl, the appellant herein. Being grieved by the judgment of companyviction and order of sentence, the accused respondent had preferred Criminal Appeal No. The relationship has to companyform to the social numberms as well. While dealing with the quantum of sentence, the learned Judge opined thus However, the sentence of imprisonment imposed by the trial Court for the offence under Section 326 I.P.C. The prosecution, in order to establish the charges against the accused, examined 12 witnesses and got marked Ex. 15 of 2006 before the Sessions Judge, Vizianagaram which was later on transferred to the High Court and registered as Transferred Criminal Appeal No. 1052 of 2013. 1731 of 2007 under Section 377 1 CrPC before the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh for enhancement of sentence. On the basis of the statement of the injured, an FIR under Sections 448 and 307 of the Indian Penal Code IPC was registered at police station Vallampudi. The injuries sustained by the victim informant required long treatment and eventually after recording the statements of the witnesses, companylecting various materials from the spot and taking other aspects into companysideration of the crime, the investigating agency filed the charge sheet for the offences that were originally registered under the FIR before the companypetent companyrt which, in turn, companymitted the matter to the Court of Session, Vizianagaram. Thereafter, she along with her brother went to his native place Sompuram. The defence chose number to examine any witness. The appellant, after obtaining permission of this Court, filed the special leave petition which we entertained for the simon pure reason it has been asserted that the period of custody suffered by the accused is 30 days. D 1, was marked. Both the appeals were heard together by the learned Single Judge who companycurred with the view taken by the learned trial judge as regards the companyviction. It may be numbered that on behalf of the defence, one document Ex. The State preferred Criminal Appeal No. The necessary facts.
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2017_53.txt
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C. Mittal Amicus Curiae for the Appellant. 273 of 1976 and death Reference No. 70 of 1979. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. The appellant was companyvicted by the learned Additional Sessions Judge, Alipore, for the murder of his son and sentenced to death. At the last hearing we granted special leave to appeal on the question of sentence. Appeal by Special Leave from the Judgment and order dated 1 2 1978 of the Calcutta High Court in Criminal Appeal No.
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1979_75.txt
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The respondent plaintiff filed a suit against the appellant defendant praying for the grant of mandatory and prohibitory injunction seeking eviction allegedly on the ground of his being a licensee. 1999 Supp 5 SCR 271 The Judgment of the Court was delivered by SETHI, J. Heard. Leave granted.
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1999_848.txt
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14,95,826 by splitting up its income into 2 heads interest on securities and business income . 23,62,815 and under the head business income there was a loss of Rs. Before the Income tax Officer the assessee made its claim on the basis that it was a part of the business of the Bank to deal in securities and that numberdistinction should be made between income from securities and income from business for the purpose of set off under s. 24 . For the assessment year its assessable income was companyputed by the Income Tax Officer at Rs. 3,21,929 which was companyputed by setting off the business loss against interest on securities . Interest on securities in the year of assessment was Rs. The matter was then taken to the Income tax Appellate Tribunal where again the companytention was repeated that the business of the assessee companyld number be split up into two heads under interest on securities and banking business. The assessee is a Bank carrying on banking business. After making the necessary adjust ments and deducting the business loss from Interest on securities , the net income was determined at Rs. 14,95,826. How the question was specifically raised before the Income Tax Officer and the Appellate Assist. Whether in the circumstances of this case, the assessee was entitled under the first proviso to s. 8 of the Income tax Act to deduct any interest on money borrowed and utilised for investment in tax free securities. The Income tax Officer was of the opinion that, as there was a loss under the head business its claim companyld number be sustained and hence it companyld number be set off under s. 24 2 of the Act. ant Commissioner and also before the Income Tax Appellate Tribunal has already been mentioned. It also claimed that it carried on only one business, namely banking as defined by s. 277F of the Indian Companies Act in the companyrse of which the Bank has to receive money on deposits and invest such deposits in securities, loans and advances and therefore holdings of securities by it companyld number be treated as its separate business. In the previous year there was a loss of Rs. The assessee who is the appellant before us claims that in the companyputation of its profits for the assessment year under review 1945 46 , it is entitled to set off the carried over loss of the previous year against the profits of the year of assessment under s. 24 2 of the Act. To the third point raised by companynsel for the assessee that even if interest on securities falls under s. 8 of the Act and number under s. 10 the assessee is entitled to Yet a set off under s. 24 2 of the Act, companynsel for the Revenue has taken the objection that this plea is number available to the appellant because it was number placed before the Income Tax Appellate Tribunal for being referred to the High Court number was it raised before the High Court. They afford a companyplete companye for each class of income, dealing with allowances and exemptions, with the mode of assessment, and with the officials whose duty it is to make the assessments. Appeal from the judgment and order dated, May 18, 1953, of the Calcutta High Court in Income tax Reference No. 8,86,972. B. Dadachanji, S. Andley Rameshwar Nath and P. L. Vohra, for the appellant. A. Palkhivala, P. D. Himatsingka, J. A, B, C E over its own subject matter is companyfirmed by reference to the Sections and Rules which respectively regulate them in the Act of 1842. N. Joshi and R. H. Dhebar, for the respondent. 161 of 1954. 72 of 1951. The High Court answered all the questions in the negative. CIVIL APPELLATE JURISDICTION Civil Appeal No. May 23.
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1957_78.txt
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Succession certificate dated 19th February, 2009 was issued by the District Judge, Jaipur jointly in favour of GD and DR Group. GD executed transfer deed dated 27th April, 2009 in favour of DR Group. She accepted validity of Will dated 23rd June, 1996 executed in favour of GD by LMJS but companytested the succession certificate. Urvashi Devi, grand daughter of husband of GD from another wife UD Group filed application for impleadment stating that the succession certificate was a nullity. It was her further case that DR Group had numberright of succession in view of Will dated 23rd June, 1996 and they were also number heirs of GD as LMJS was adopted in another family. She also executed Will dated 10th May, 2009 in favour of DR Group. Suit No.32 of 2010 was also filed by the UD Group before the District Judge, Jaipur, raising the dispute of succession to the estate of GD. UD Group was in numbermanner companynected with those proceedings. In the said application, all the issues raised by the UD Group were examined prima facie, including validity of succession certificate dated 19th February, 2009. Vide letter dated 15th July, 2009, DR Group claimed transmission and transfer of shares in their favour on the basis of succession certificate dated 19th February, 2009 issued by the District and Sessions Judge, Jaipur Civil , transfer deed dated 27th April, 2009 executed by their grand mother Gayitri Devi GD along with revalidation of the letter issued by the Registrar of Companies. He died on 05th February, 1997 leaving behind a Will dated 23rd June, 1996 in favour of his mother Gayatri Devi GD . Urvashi Devi, Prithvi Raj and Jai Singh also sought transfer of shares in their favour claiming as heirs of GD. It was submitted that GD companyld number enter into any settlement companytrary to the Will dated 23rd June, 1996. She died on 29th September, 2009. Further stand was that since at the instance of GD, proceedings were stayed, succession certificate companyld number be granted even at her instance. As regards Suit filed by UD Group challenging order dated 19th February, 2009, interim application for stay of order dated 19th February, 2009 was dismissed on 28th July, 2011. Further companytention was that she died intestate on 29th September, 2009 and that DG has been disinherited by LMJS in his Will dated 23rd June, 1996. Her Will dated 10th May, 2009 was also companytested. It was also submitted that the settlement which was the basis of succession certificate was number genuine. Section 370 of Succession Act was also invoked. The application having number been accepted by the Company, the DR Group filed appeals before the Company Law Board CLB , New Delhi. Stay granted by the High Court was in a petition seeking companysolidation of a probate case and succession certificate. Writ Petition No.7524 of 2008 wherein order dated 20th August, 2008 was passed itself was got disposed of as infructuous on 18th January, 2011 in view of order dated 19th February, 2009. As numbered Supra, the appeals filed by the respondent group are infructuous they have supported the order of the CLB, their prayer in the appeal that the shares register be rectified in their favour as necessarily to be dismissed as even as per their own statement, they do number have any document to support their submission that they are entitled to the rectification of the member register qua these shares of Jagat Singh in their favour. The application was dismissed by detailed order dated 28th July, 2011. In the said suit, CMA No.20 of 2010 was filed under Order XXXIX Rules 1 and 2 CPC, for temporary injunction. ADARSH KUMAR GOEL, J. Ltd. Leave granted.
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2015_397.txt
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23737 of 2005, is widow of one Ram Niwas who was appointed as a project casual labour on 8.11.1979. Those casual workers who have worked for 360 days on 31.12.83 but less than 3 years have been ordered to be companysidered as temporary employees from 01.01.1986. Ram Niwas expired on 29.12.1988. As a result of such deliberations, the Ministry of Railways have number decided in principle that casual labour employed on projects also known as project casual labour may be treated as temporary on companypletion of 360 days of companytinuous employment. Therefore, the following casual workers are eligible to be companysidered as temporary employees but they will be appointed only after their selection by the selection companymittee. The particular of the employee is as under. The Ministry have decided further as under These orders will companyer Casual labour on projects who are in service as on January 1, 1984 and Casual labour on projects who, though number in service on January 1, 1984, had been in service on Railways earlier and had already companypleted the above prescribed period 360 days of companytinuous employment or will companyplete the said prescribed period of companytinuous employment on re engagement in future. Name Date of Birth Date of first appoint ment Total Service days on 31.12.83 Date for being companysidered Temporary employees 15. The Railway Administration in terms of the said scheme during pendency of the said Writ petition issued an Office Order the relevant portion whereof reads as under Under instruction given in the above referred letter of Head Office those Casual Workers who have companypleted 3 years on 01.01.1984 but less than 5 years and who have worked for more than 1095 days have been ordered to be companysidered as Temporary employees from 01.01.1985. 5317 of 2004 and dated 25.4.2005 in D.B. The said application was rejected by an Order dated 23.4.2003 stating Ref Your Application Letter dated 5.3.2005 Your application for grant of family pension has been examined and found that as per Railway Rules, Pension is number admissible to substitute temporary employees. The employee was number expired while on injured on duty. In the said Office Order, the name of said Ram Niwas was shown at Serial No. The settlement of employee is being done shortly. Ramniwas Singh Syotaaj Singh 07.03.56 08.11.79 01.01.86 By reason of another circular letter, the date 1.1.1984 was changed to 11.3.1983. By an order dated 24.1.1989, the application of Respondent number 1 herein to give appointment to him on companypassionate ground was rejected stating It is regretted and informed that Shri Ram Niwas S o Shyotaj Singh under CSI C Jaipur expired on 29.12.88. Interpretation of some of the provisions of the Indian Railway Establishment Manual hereinafter referred to as the Manual is in question in these appeals which arise out of judgments of the Rajasthan High Court, Jaipur Bench at Jaipur dated 25.4.2005 in DB Civil W.P. Vallam Badia v. Union of India 2003 2 SLJ CAT 271 which was affirmed by a Division Bench of the Gujarat High Court in Union of India v. Shanti Devi, Ramawat Jakri Ors. 5839 OF 2007 Arising out of SLP Civil No. Arising out of SLP Civil No. 23046 of 2005 WITH CIVIL APPEAL NO. decided on 21.7.2003. The case of regularisation of the similarly situated employees came up for companysideration before this Court in Inder Pal Yadav and Others Vs Union of India and Others 1985 2 SCC During hearing of the said matter from time to time, the Court inter alia suggested for framing of a scheme of regularisation pursuant whereto and in furtherance whereof, proposals were placed before this Court it by the Railway Administration of Union of India from time to time. 536/2003 and order dated 7.4.2003 in A. 5316 of 2004 affirming orders dated 12.4.2004 in O.A. His wife filed an application for grant of family pension. 23737 of 2005 B. SINHA, J Leave granted. Sd Sr.
D.P.O. 233/2003 respectively. The decision should be implemented in phases according to the schedule given below The said Scheme was accepted by this Court subject to the modification that clause 5.1 a i , the date from which the Scheme was made effective was from January, 1981. 1, in Civil Appeal arising out of SLP No. Jaipur Original application came to be filed by the first respondent before the Central Administrative Tribunal questioning the validity of the said Rule. The same was allowed by a Judgment and Order dated 7.4.2004 relying on or on the basis of a decision of a companyordinate Bench of the Tribunal at Ahmedabad Bench in Smt. Civil WP No. A detailed letter regarding this group follows. Santosh, Respondent No. Special Leave Appeal No.12456/03 etc. The fact of the matter is as under Smt. For information please. 15 which reads as under S. No. No.
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2007_969.txt
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The Judicial Officer had already become member of the Higher Judicial Service by that time and in both these lists published by the High Court of Andhra Pradesh, the Judicial Officers date of birth has been shown as March 29, 1953. Pursuant thereto, the High Court on the administrative side took up the representation of M. Vijaya Bhaskara Reddy along with the representations of 24 other Judicial Officers including the representation of the present Judicial Officer and passed the Resolution on October 15, 1997 rejecting the representations made by M.Vijaya Bhaskara Reddy and the present Judicial Officer. In the application for recruitment to the Andhra Pradesh Judicial Service for the post of District Munsif made by the Judicial Officer, he mentioned his date of birth as July 1, 1949. In the impugned resolution rejecting the representation of the Judicial Officer, numberreasons have been stated. In 1983, before the application for recruitment to the Judicial service was made by the Judicial Officer, he had filed a suit O.S. M. Vijaya Bhaskara Reddy then applied for change of his date of birth to August 15, 1949. In M. Vijaya Bhaskara Reddy supra , this Court was companycerned with a case where the Judicial Officer M. Vijaya Bhaskara Reddy was appointed as District Munsif on August 16, 1976. The representation made by the Judicial Officer was kept pending for years together. As a matter of fact, there has been numberdetermination of the date of birth of the Judicial Officer at all and, therefore, the Division Bench, in the impugned order observed and, in our view rightly, that the judicial officer had number asked for any alteration in the date of birth but his prayer had been for recording companyrect date of birth in the relevant service record. Since the decision on Judicial Officers request for review of the Resolution was number taken within reasonable time, the Judicial Officer moved the High Court on the judicial side by filing a Writ Petition challenging the Resolution. Nothing has been shown to us by the learned companynsel for the appellant about the firm date of birth recorded in the service record of the Judicial Officer. Treating the Judicial Officers date of birth as July 1, 1949, the High Court on the administrative side issued an order on June 8, 2009 that the Judicial Officer would retire from the service on attaining the age of superannuation of 60 years on June 30, 2009 and, accordingly, the Judicial Officer has been made to retire on that date. For about nine years, the High Court on the administrative side, sat over the representation made by the Judicial Officer. In 1989, after the alteration was made in the education certificates in companypliance of the decree, the Judicial Officer made a representation to the Registrar, High Court for the companyrect recording of his date of birth. The respondent N. Sanyasi Rao hereinafter referred to as the Judicial Officer was selected in the judicial service of the State of Andhra Pradesh and was given an order of appointment as District Munsif. That date of birth was given by him on the basis of the Secondary School Leaving Certificate. The District Judge, Visakhapatnam, after the Judicial Officer had joined the service on October 7, 1985, opened his service register on December 30, 1985 and recorded his date of birth as March 29, 1953 based on the decree and also showed his date of birth as July 1, 1949 based on the Secondary School Leaving Certificate. Thus, when the Judicial Officer joined the service on October 7, 1985, he referred to the decree dated February 28, 1985 for short decree and declared his date of birth as March 29, 1953. He made a declaration that his date of birth was June 15, 1948. On October 15, 1997, the High Court on the administrative side passed a Resolution hereinafter referred to as the Resolution rejecting the representation made by the Judicial Officer and he was companymunicated of the Resolution on December 11, 1997. After companyclusion of the trial in the suit and on hearing the parties, the Principal District Munsif at Chodavaram decreed the suit and held that the Judicial Officer was entitled to the declaration of his date of birth as March 29, 1953. Curiously, the Judicial Officer has placed on record two half yearly lists of the members of the Andhra Pradesh Higher Judicial Service, companyrected up to July 1, 2003 and July 1, 2004. The District Judge, Vishakhapatnam on opening the service register of the Judicial Officer mentioned both the dates namely March 29, 1953 based on the decree and also July 1, 1949 based on the Secondary School Leaving Certificate. As numbericed above, the Writ Petition filed by the Judicial Officer was allowed by the High Court on February 6, 2002. M. Vijaya Bhaskara Reddy then filed a Writ Petition challenging the Resolution dated October 15, 1997 same resolution which was challenged by the present respondent in the Writ Petition in which the impugned order came to be passed . He then made a representation for implementation of the decree. 61 of 1983 seeking declaration that his date of birth is March 29, 1953 and number July 1, 1949 and for direction to the companycerned authorities to make necessary alterations in the school, companylege and University records. That Writ Petition was allowed by the Single Judge of the High Court vide order dated April 13, 1993 and a direction was given that the decree of the Court has got to be honoured and entries in the service register of M. Vijaya Bhaskara Reddy have got to be made accordingly. The High Court of Andhra Pradesh, on the administrative side, through its Registrar Administration is in appeal, by special leave, aggrieved by the judgment and order dated February 6,2002 whereby the Division Bench of that Court allowed the Writ Petition filed by the respondent herein and held that he was entitled to get entered March 29, 1953 as his date of birth in the service record. In pursuance thereof, he joined the service on October 7, 1985. His representation came to be rejected which was challenged by him in a Writ Petition. Against the judgment of the Order of the Single Judge, Writ Appeal was filed by the High Court on the administrative side. M. LODHA, J. Dealing with the appeal arising from that order, this Court found numberjustification in interfering with the order of the Division Bench and the appeal preferred by the Andhra Pradesh High Court on the administrative side was dismissed by this Court on July 22, 2010. The High Court by an order dated September 3,1987 directed the State Government to companysider the representation made by him and when numberhing was done within a reasonable time, he filed yet another Writ Petition before the High Court. When numberhing was done after giving the numberice under Section 80 of the Code of Civil Procedure, 1908, he filed a suit which was decreed on March 31, 1982. No.
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2011_860.txt
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Deposition of Ishwar Nayak PW.6 has companyroborated the case of the prosecution to the extent that Anil PW.11 was at the place of occurrence earlier to him. In the FIR, Anil PW.11 has disclosed that his father Khemchand PW.10 , Ishwar Nayak PW.6 and Dharmendra PW.12 reached the place of occurrence at a later stage. Ishwar Nayak PW.6 , Dharmendra PW.12 and other persons had also gathered there. There was numberobstruction in between, thus Anil PW.11 companyld clearly view the incident. The other eye witnesses, particularly, Ishwar Nayak PW.6 , Dharmendra PW.12 and Pradeep Pathak PW.15 did number support the case of the prosecution appropriately. Anil PW.11 , nephew of the deceased, who had been following Kailash deceased , raised an alarm and the assailants were caught at the spot. In cross examination, he has admitted that at the time of the incident, Ishwar Nayak PW.6 , Dharmendra PW.12 and Pradeep Pathak PW.15 etc.,
were with him. The Trial Court had appreciated the evidence on record, and reached the companyclusion to the effect that Anil PW.11 was a trustworthy witness and had been an eye witness of the incident. I did number go with Anil. Dharmendra PW.12 stood declared hostile. The companyrt further held that even if the other witnesses on the spot had number supported the prosecution case, Anil PW.11 was a natural witness and had seen the incident. Amongst them was Anil also. Dubey PW.21 had been natural. Anil PW.11 went from hospital to police station and lodged the FIR at 12.30 p.m. wherein all the three accused were specifically named. The depositions of B.M. Rakesh, accused had threatened Kailash to face dire companysequences. The deposition of other witnesses examined by the prosecution, falsify the prosecutions case in entirety. Shri Siddharth Aggarwal, learned companynsel appearing for the appellants, has submitted that the Trial Court had placed very heavy reliance upon the alleged eye witnesses Khemchand PW.10 and Anil PW.11 who, in fact, companyld number be the eye witnesses at all. His evidence has to be examined taking into companysideration that the site plan prepared by the Patwari make it clear that the incident occurred on a main road and the victim as well as Anil PW.11 were on the same road. Dubey, Investigating Officer PW.21 and Balram PW.9 , the arrest of accused, recovery of weapons on their disclosure statements proved the prosecution case. He gave a full account of the overt acts of the accused while causing injuries to Kailash. 518 and 890 of 1997. Dubey, I.O. He denied that he reached the place of occurrence on being informed by Halle DW.1 and further denied the suggestion that he had number seen the quarrel between the accused persons and the deceased. PW.21 does number arise. The injured Kailash was taken to the hospital but succumbed to his injuries. The other circumstances particularly, the statements of B.M. The overt acts of the accused had been mentioned. The prosecution examined a large number of witnesses in support of its case. However, numberdiscrepancy or error companyld be shown in spite of the fact that he was nephew of Kailash deceased . Facts as explained by the prosecution have been that On 5.3.1996, on the day of Holi at around 11.30 a.m., one Kailash Killu was assaulted by the appellants alongwith another accused in front of the house of one Rama Tailor. On careful scrutiny of his deposition, his statement was found trustworthy. Various persons gathered at the place of occurrence but the assailants managed to flee. All the injuries had been caused by sharp edged weapons and Kailash had died within three to six hours prior to companyducting the post mortem examination. He had faced grilling cross examination. 518 890 of 1997 before the High Court of Judicature at Jabalpur, which were decided by judgment and order dated 10.2.2005 in absence of their companynsel. In cross examination, he deposed as under Half the boys ran towards the spot of incident immediately. Therefore, the question of number believing the statement of B.M. Being aggrieved, all the three accused companyvicts preferred two appeals i.e. It does number appeal to reasons as to why the witness would falsely enrope the appellants and other accused in such a heinous crime and spare the real culprits to go scot free. In view of the above, an FIR was lodged under Section 302 of Indian Penal Code, 1860 hereinafter called as IPC and Section 25 of the Arms Act, 1959, within one hour of the incident at 12.30 p.m., wherein both the appellants and other accused were named. In the FIR it was also stated that two policemen, namely, Ramdas Havaldar and Pannalal Sainik came at the scene and got the accused persons released from the mob and, thus, they succeeded in running away. One Halle DW.1 was examined in defence and after companyclusion of the trial, all the three accused were companyvicted for the offence punishable under Section 302 IPC vide judgment and order dated 21.2.1997 and were awarded sentence of rigorous imprisonment for life and a fine of Rs. Criminal Appeal Nos. This criminal appeal has been preferred against the judgment and order dated 15.12.2006 passed by the High Court of Judicature at Jabalpur in Criminal Appeal Nos. The distance of the police station from the place of occurrence had been only 1 k.m. Dr. R.K. Singhvi PW.8 , companyducted the post mortem on the body of the deceased on the same day. In his opinion, there were three incised wounds found on his body, one on the neck, one on the chest and another in the abdomen. 1463 64 of 2005 which were allowed vide judgment and order dated 20.7.2006 and this Court after setting aside the judgment and order dated 10.2.2005 of the High Court of Judicature at Jabalpur, remanded the appeals to be heard by the High Court afresh. During the companyrse of investigation, the appellants were arrested and the weapons used in the offence were recovered on their disclosure statements. In pursuance of the said judgment and order of this Court dated 20.7.2006, the appeals have been heard afresh and dismissed vide judgment and order dated 15.12.2006 by the High Court. After companycluding the investigation, chargesheet was filed. Before proceeding with the case on merit, it may be pertinent to mention here that so far as the case of the appellant Rakesh is companycerned, he had already served the sentence of more than 14 years and has been granted premature release by the State. Being aggrieved, the present two appellants preferred criminal appeals before this Court i.e. Hence, this appeal. As the parties were known to each other being the residents of the same village, the identity etc. CHAUHAN, J. The case was companymitted for Sessions trial. The motive was also disclosed. Appellant Rajesh has served about 7 1/2 years and is still in jail. Dr. B.S. We have companysidered the rival submissions made by the learned companynsel for the parties and perused the record. was number in dispute.
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2011_691.txt
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Under Paragraph 6 of the Decision the appointing authority was empowered to require a Government servant to retire after he had attained the age of 55 years on three months numberice without assigning any reason. The purpose of the provision was to weed out unsuitable employees after they attained the age of 55 years. The appellant on receiving the numberice for retirement prayed for his being retained in service after the age of 55 years in public interest. The new rule provided that if the appropriate authority is of opinion that it is in public interest to do so, he has the absolute right to retire any Government servant after he attained the age of 55 years with numberice of number less than three months. He joined the erstwhile State of Manipur as a junior clerk in 1935. The principal companytention of the appellant was that the impugned order of companypulsory retirement was null and void abinitio because the Fundamental Rule 56 at the material time companytained numberreservation, of any powers in the appointing authority to retire him without any reason on three months numberice after the age of 55 years. 23 numbered below Fundamental Rule 56. This provision was really intended to retire an officer who had companypleted 30 years qualifying service. After the Government of India took over the administration of Manipur the appellant was appointed as a Subordinate Judge with, effect from 25 January 1950 on a temporary basis. The appellant was served with a numberice dated 30 June 1966 that he was required to retire from Government service with effect from 1 October 1966 in pursuance of the directions of the President in Paragraph 6 of the Government of India Decision No. On the enactment of Manipur Courts Act 1955 the Court of Subordinate Judge was established on 1 March 1956. He was reverted to the post of subordinate Judge. This appeal is by certificate from the judgment dated 26 October 1968 of the Judicial Commissioner for Manipur. Though he was number a Law Graduate, he rose to become a permanent Puisne Judge in Manipur State Chief Court with effect from 5 October 1949. The Decision came into force on 1 December 1962. The above Decision No. 56 which came into force on 1 December 1962 as aforesaid was substituted by new Rule on 21 July 1965. 23 was companytained in the Memorandum of the Government of India, Ministry of Home Affairs dated 30 November 1962. The appellant was appointed as the Judge of that Subordinate Court from that date. Emphasis was placed by companynsel on the fact that the impugned order was made expressly under the authority of Government of India Decision No. The appellant was born on 1 January 1911. 1 by which the appellant was companypulsorily retired. The Judicial Commissioner dismissed the writ petition of the appellant. The appellant did number earn good reports from superior officers. It is in this background that the appellant filed the writ petition. N. Ray, C.J. The representation of the appellant was rejected. The appellant by a writ petition challenged the order of respondent No.
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1976_380.txt
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The licence was for a period of 50 years. One of the terms of the licence was that at the end of the licence period the Government had a right to purchase the undertaking. This licence was subsequently transferred to the 1st Respondent. The 50 years period would thus end on 5th February, 1975. By this the Appellants called upon the 1st Respondent to sell the undertaking to the Appellant on the expiry of the period of 50 years from the companymencement of the licence, i.e., at 12 Oclock in the night between the 5th and 6th February, 1975. Briefly stated the facts are as follows On 6th February, 1925 the Government of Uttar Pradesh granted to one M s Martin Co. a licence for supply of electric energy. 7 of 1975 was passed. On February 1, 1974 the Appellant served a numberice on the 1st Respondent, under Section 6 1 of the Indian Electricity Act, 1910 hereinafter called the said Act . J U D G M E NT N. Variava, J. LITTTTTTJ This Civil Appeal is against the Judgment dated 17th September 1987 delivered by a Division Bench of the Calcutta High Court. By this Judgment the Division Bench dismissed the Appeal filed by the Appellant against a Judgment of a learned single Judge of the Calcutta High Court which upheld the challenge of the 1st Respondent to Ordinances and Amendment Act set out hereinafter.
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2000_565.txt
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The stand of the Corporation was that the appellant had number vacated the house which was allotted to him while he was in service of the Corporation and that the Corporation was ready to pay all the legal dues of the appellant after he vacates the said quarter. The High Court directed the Appellant to vacate the house and hand over the vacant possession of the same to the Corporation and that the Corporation, after taking the vacant possession of the house would pay the post retiral benefits to the appellant within a period of three weeks from the date of the vacation of the house. The said house belongs to the Bihar State Hosing Board hereinafter referred to as the Board. by the Corporation he filed a writ petition C.W.J.C. The said writ petition was companytested by thee Corporation. While the matter was pending before this Court, it was pointed out that the allotment of the house which was in oc cupation of the appellant has been house which was in occupation of the appellant has been cancelled by the Board and allotment of the house has been made by the Board in favour of Shradha Kumar Pandey, son of the appellant. While he was thus employed, he was allotted House No. Anirudh Pandey, the appellant herein, was employed with the Bihar State Road Transport Corporation,respondent No.1 hereinafter referred to as the Corporation. The writ petition was disposed of by the High Court by order dated April 21, 1993 on the view that unless the house was vacated by the appellant he was number entitled to his post retiral benefits. Since he was number paid his post retiral benefits, viz.,
provident fund, gratuity, etc. 26 at Adityapur Colony in Jamshedpur on June 7, 1970. number3038/92 in the Patna High Court. The appellant retired on attaining the age of superannuation on January 31, 1992. Feeling aggrieved by the said order of High Court the appellant has filed this appeal. We have heard learned companynsel for the parties. Leave granted.
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1994_893.txt
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2129 of 1970. 2455 57/72. Ramamurthy and D. N. Gupta for intervener No. K. Sen and D. N. Gupta for Intervener No. Ramamurthi and D. N. Gupta for Intervener No.3 in A. A K Sen and D. N. Gupta for respondent in C.As. NOS.2455 2457/72. B. Ahuja and S. P. Nayar for the appellants in C.AS. B. Ahuja and S. P. Nayar for the respondents in C.A. 9, to and 11 of 1970. No. K. Sen, Mrs. Leila Seth, o. P. Khaitalz and B. P Maheshwari for the appellant in C.A. From the Judgment and order dated the 29th May, 1970 of the Calcutta High Court in Income Tax Reference No. 2 in C.A. C. Sharma B. 2455 2457 of 1972 Appeals by Special Leave from the judgment and order dated the 25th February, 1972 of the Kerala High Court in Income Tax Reference Nos. XLIII of 1961 for short. C. Sharma, B. These four appeals raise but one question, turning on the meaning of charitable purpose, as defined in s. 2 15 of the Income Tax Act, 1961 Act No. The Judgment of the Court was delivered by KRISHNA IYER, J. I of 1967 and Civil Appeals Nos. CIVIL APPELLATE JURISDICTION Civil Appeal No. I, in A.
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1975_257.txt
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One Increment for M.Ed. One Increment for M.A. One Increment for B.Ed. and M.Ed. with M.Ed. of post scale of tions for cation for eligibility Advance pay the post to advance Increments Increments allowed 1 2 3 4 5 6 Trained Graduate Degree a Post Graduate One Increment teachers and with B.Ed. grade II/320 14 Degree b Degree with One Increment Schell Asst. On the basis thereof, the appellant is entitled to only two additional increments, namely, one increment for M.A. and thereafter one for M.Ed. or equivalent post Graduate Degree. 460 15 in 580 Teaching c post Graduate Two Increment Ed. and M.Ed.,
the authorities went on giving revision of the pay scale granting advance increments as and when he acquired the qualification on the pay scale applicable at the relevant time. qualification and, therefore, he is only entitled to two additional increments, namely, for acquiring his M.A. qualifications. Impugned proceedings were issued to recover the said amount paid to him on the premise that he was number entitled to the advance increments more than two. In view of the fact that the appellant went on improving his qualifications for B.A, M.A., B.Ed. Admittedly, he is number having the post of junior Lecturer which requires the M.A. After his passing secondary Grade Degree Training Examination in the year 1967, he was granted on December 1,1967 SGBT scale of Rs.80 150 w.e.f. Category Revised Qualifica Additional Qualifi No. Wadhwa Prakash Reddy and Mrs.D.B. 2944/93. Reddy, Advs. Present Honble Mr. Justice K. Ramaswamy Honble Mr. Justice D.P. The appellant was originally appointed as a Teacher Head Master in a private aided school on November 9, 1959 in the scale of Rs.45 120. The Government in G.O.Ms No. The Additional financial companyent involved to the management in the implementation of these orders will be companysidered for assessment of teaching grants due to the schools under GRANT IN AID. Under these circumstances, the authorities have wrongly applied the G.O.Ms. They have stated in the illustration as under Sl. for the appellant Anil Kumar, Adv. This appeal by special leave arises from the order of the Andhra Pradesh Administrative Tribunal at Hyderabad, made on August 19,1996 in OA No. O R D E R The following Order of the Court was delivered Leave granted. The Tribunal has dismissed the petition. Thus, this appeal by special leave. We have heard learned companynsel on both sides. the aforesaid date. for the Respondents. of No.
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1997_468.txt
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Azad of M.P. 1739 of 2002. 4537/2004 P. MATHUR, J. against the judgment and order dated 13.8.2003 of Justice N.S. Arising out of Special Leave Petition Crl. This appeal has been preferred by the State of M.P. Delay in filing the special leave petition is companydoned. High Court in Crl. Leave granted. Appeal No.
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2005_791.txt
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One Vithal Dhopeshwarkar was the owner of the suit shop along with the land over which the suit shop is built and some adjoining land. The appellant, on purchase of the suit shop, therefore, requested the respondent to vacate the suit shop but he failed to vacate and hence the appellant became entitled to claim possession of the suit shop from the respondent on the strength of his ownership over the suit shop. The respondent defendant was in possession of the suit shop even prior to its purchase by the appellant from Vithal Dhopeshwarkar. He denied the appellants title and claimed that he has been in possession of the suit shop since time immemorial and much prior to the appellants purchasing the suit shop. The Trial Court held that the appellant is the owner of the suit shop, that the respondent failed to prove his adverse possession over the suit shop, that the respondent has been in illegal possession of the suit shop and that the appellant is entitled to claim eviction of the respondent from the suit shop and also entitled to claim mesne profits at the rate of Rs.2000/ p.m. for a period of three years and the companyt of Rs.5000/ . It was alleged that the respondent was in possession of the suit shop without any right, title and interest of any nature. The suit was founded on the allegations, inter alia, that the appellant is the owner of the suit shop having purchased the same vide registered sale deed dated 20.09.1997 from Vithal Dhopeshwarkar. No.115/1999 against the respondent in the Court of Civil Judge, Sr Division, Belgaum claiming possession of the suit shop from the respondent. The respondent also raised a plea that he has perfected his title by virtue of adverse possession over the suit shop against the predecessor in title of the appellant and the appellant. In other words, according to the appellant, the respondent, since inception, was in illegal possession of the suit shop. He sold the land and the suit shop to the appellant vide registered sale deed dated 20.09.1997 Annexure P 6 . The dispute involved in the appeal relates to a shop measuring 9 ft.
9 inch North and 5 ft.
East West situated out of land bearing CTS 1590/A 4 in the City of Belgaum as detailed in plaint hereinafter referred to as suit shop . On 08.06.1999, the appellant filed a civil suit being O.S. Having heard the learned companynsel for the parties and on perusal of the record of the case, we are companystrained to allow the appeal and while setting aside of the impugned judgment of the High Court restore that of the Trial Court and First Appellate Court, which had rightly decreed the appellants suit against the respondent in relation to the suit shop. By judgment decree dated 03.11.2003 in S. No.115 of 2003, the Trial Court decreed the appellants suit. The appellant is the plaintiff whereas the respondent is the defendant in the civil suit out of which this appeal arises. The Trial Court accordingly passed decree for possession and mesne profits against the respondent. The High Court, by impugned judgment, allowed the Second Appeal and while setting aside of the judgments and decrees of two Courts below dismissed the appellants suit. Hegde, learned companynsel for the appellant and Mr. Charuditta Mahindrakar, learned companynsel for the respondent. The respondent, felt aggrieved, filed first appeal before the Ist Additional District Judge, Belgaum being Regular Appeal No.58/2003. By judgment decree dated 11.12.2006, the First Appellate Court dismissed the appeal and affirmed the judgment decree of the Trial Court. whereby the High Court allowed the appeal filed by the respondent herein and set aside the judgments and decrees of the Trial Court and First Appellate Signature Not Verified Digitally signed by ASHA SUNDRIYAL Date 2017.11.20 170344 IST Reason Court. A relief of mesne profits at the rate of Rs.2500/ per month was also claimed. The respondent, felt aggrieved, filed Second Appeal in the High Court of Karnataka Dharwad Bench being S.A. No. The Trial Court framed the issues. 213/2007 under Section 100 of the Code of Civil Procedure, 1908 hereinafter referred to as the Code . Heard Mr. R.S. Felt aggrieved, the plaintiff appellant herein has filed the present appeal by way of special leave before this Court. Abhay Manohar Sapre, J. The respondent filed written statement. In order to appreciate the issues involved in the appeal, it is necessary to state few relevant facts. Parties led evidence. Leave granted.
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2017_475.txt
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you and your associates Sk. You and your associate Sk. Your associate Sk. It approved the detention order on September 10, 1971. Opinion was expressed by the Advisory Board that there was sufficient cause for the petitioners detention. Nazam with other escaped and you and two other of your associates companyld be arrested at the spot with stolen companyper wire. Nazam were seen on the top of the post cutting one end of the electric wire, while your associates were rolling the cut end of the wire from other post. The order of detention was passed by the District Magistrate on September 8, 1971. in the meanwhile on September 8, 1971 the District Magistrate sent report to the State Government about his having made the order of detention along with the grounds of detention and other necessary particulars. The representation of the petitioner was also sent to the Advisory Board. On December 10, 1971 the State Government received a representation of the petitioner. He was arrested on November 23, 1971 and was served with the order of detention and the grounds of detention together with vernacular translation thereof on the same day. State Government placed the case of the petitioner before the Advisory Board. On February 11, 1972 the State Government companyfirmed the order of detention of the petitioner. On December 22, 1971 the. Nazam, Kesta Adhikary, Bablu Das, Kachi Chakravarty and 3/4 others were found to companymittee in respect of overhead electric wires between two posts near Zanana Latrine of Lawrence Co. at Chakkashi by the darwans on duty. 26 of 1971 , on the grounds that you have beer acting in a manner prejudicial to the maintenance of supplies and services essential to the companymunity as evi denced by the particulars given below On 9.7.71 at about 23.30 hrs. The said representation, after being companysidered, was rejected by the State Government on December 21, 1971. The order recited that it was made with a view to preventing the petitioner from acting in any manner prejudicial to the maintenance of supplies and services essential to the companymunity. S. Arora, for the petitioner. Communication of the said companyfirmation was thereafter sent to the petitioner. The same day the State Government sent report to the Central Government along with necessary particulars regarding the necessity a the order. The darwans raised alarm and surrounded you with the help, of local people. This is a petition through jail under article 32 of the Constitution for the issuance of a writ of habeas companypus by Sasti alias Satish Chowdhary, who has been ordered by the District Magistrate Howrah to be detained under section 3 of the Maintenance of Internal Security Act, 1971 hereinafter referred to as the Act . The said Board, after companysidering the material placed before it, including the representation of the petitioner, and after hearing him in person, sent its report to the state on January 28, 1972. The matter was then companysidered by the State Government. Under Article 32 of the Constitution of India for a writ in the nature of habeas companypus. The petitioner, it is stated, was found to be absconding soon after the passing of the order. 37 of 1972. In opposition to the petition Shri Dipak Kumar Rudra, Dist . rict Magistrate, who made the impugned order, has filed his affidavit. C. Majumdar and G. S. Chatterjee, for the respondent. ORIGINAL JURISDICTION Writ Petition No. The Judgment of the Court was delivered by Khanna, J.
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1972_257.txt
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LITTTTTTJ SETHI,J. Leave granted.
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2001_119.txt
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telegraphs at agra in 1947.
in june 1948 he was transferred to new delhi as divisional engineer telegraph developing branch posts telegraphs directorate. khiali ram amolak chand. on september 18 1948 the appellant was suspended from service and a chargesheet companytaining the following two charges was delivered to him that he with a view to secure illegal gratification for himself and or for others companymitted serious irregularities in the matter of allotment of telephones in agra during the period he was divisional engineer telegraphs agra and that by being a party to companymission of gross irregularities in the matter of allotment of telephones in agra he facilitated acceptance of illegal gratification by his subordinates. transfers of telephones virtually amounted to allotment of telephones out of turn was allowed in the following cases a b statements given in writing by khiali ram and shyam lal relating to illegal gratification given to mr.
ghambir and kanaya lal sharma respectively. an enquiry was held by the enquiry officer and certain witnesses were examined. there is numberhing on the record to show that the president found the appellant guilty of the second charge and imposed punishment proposed by the enquiry officer for the first charge. the commission agreed with the view of the enquiry officer that the appellant had companytravened specific orders issued by the postmaster general by granting casual companynections from time to time as shown in the report of the enquiry officer. the appellant submitted his explanation relating to these charges. p.768 of 7th february 1948 from the post master general lucknumber that numberconnection number even a casual companynection should be given out of turn the following casual companynections were opened and in some cases extended and even made permanent then were set out 11 instances a to k of such casual companynections given by the appellant. the report together with the record of the enquiry officer was sent by the president of india to the union public service companymission under art. he accordingly made a report that charges i and in the chargesheet were proved. december 6.
the judgment of the companyrt was delivered by shah j. the appellant was an employee of the government of india in the posts telegraphs department and held the post of divisional engineer. the appellant was further asked to show cause why in the event of charge being proved he should number be dismissed from government service and in the event of charge being proved he should number be permanently degraded to the rank of the electrical supervisor or awarded any other lesser penalty. an appendix setting out the allegations on the basis of which the charges had been framed was also enclosed and the appellant was called upon to submit his defence to the charges to the enquiry officer named therein. there may be ground for suspicion but there is numbering on the record to companynect mr.
d silva with receiving illegal gratification and that in their opinion the appellant was guilty of gross negligence and disobedience of orders. the enquiry officer held that allegations 1 b to 1 k 2 a and 2 b and 3 were established. thereafter a lighter punishment was imposed. he observed that the proof in respect of allegation 3 was number such as would be acceptable in a companyrt of law but there was sufficient evidence to show that the appellant suddenly changed his attitude towards one khiali ram and went so far as to argue the case on his behalf and favoured him with a permanent connection and in the case of shyam lal he sanctioned an out of turn extension. the appellant submitted his explanation to the numberice. but in the view of the companymission this was at the most either neglect on the part of the appellant in complying with the orders of his superiors or open defiance as he was number prepared to accept the instructions issued by his superiors. numberice had already been issued to the appellant informing him that the government of india had subject to the advice of the union public service companymission provisionally companye to the companyclusion that the appropriate punishment on the charges is dismissal and that he was required to show cause within 15 days of the papers received by him as to why he should number be dismissed from government service. the appellant was at the material time a member of an all india service and by art. they accordingly advised that the appellant be retired compulsorily. the appendix consisted of three heads which are as follows contrary to the order companytained in letter number eng. by order dated january 25 1951 the appellant was informed that after careful companysideration of the record of the case the explanation submitted by mr.
the application was dismissed by g. d. khosla j. and the order was companyfirmed in appeal by a division bench. 320 3 c of the companystitution for their recommendations. with special leave the appellant has appealed to this companyrt against the order of the high companyrt. p. varma and t. m. sen for the respondent. civil appellate jurisdiction civil appeal number 322 of 1959.
appeal by special leave from the judgment and order dated january 11 1957 of the punjab high court circuit bench at delhi in l. p. a. number 22 d of 1955.
c. misra for the appellant.
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1961_274.txt
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The mortgagee during the subsistence of the mortgage leased out the land to a tenant. The mortgage was redeemed on payment of the mortgage debt. the mortgagees let out the premises to the defendant petitioner during the subsistence of mortgage. The possession of the premises was given to the mortgagees with right to companylect rent from the tenant in payment A of interest on the mortgage amount. The respondent filed a suit for redemption of the mortgage and for vacant possession of the said shop against the mortgagees i.e. The suit was decreed and the mortgage was redeemed. There was an order for giving vacant possession of the shop by the defendant NOS l to l l to the respondent i.e. The appellant who was the tenant of the shop was impleaded as party defendant No. The interest of the appellant as a tenant subsists even after redemption of the mortgage until it is terminated in accordance with the provisions of the aforesaid Rajasthan Premises Control of Rent and Eviction Act, 1950. the owner of the shop. l to 11. The mortgagor on being opposed by the tenant to have the possession of the mortgaged property, filed a suit for recovery of the possession of the land. It was aalso held that the termination of the mortagagees interest put an end to the relationship of landlord and tenant and the provisions of the Rent Control Act companyld number apply any further. 12 by the mortgagees was held to be number a bona fide act made as a person of ordinary prudence in the companyrse of management of the property under Section 76A of Transfer of Property Act and that the relationship of the lessor and lessee companyld number subsist beyond the mortgagees interest unless a new relationship was created between the landlord and the tenant appellant. This plea was rejected by l the executing companyrt holding inter alia that letting out of the shop to the defendant No. the defendant Nos. 126 of 1975 the tenant appellant filed an application under Section 47 read with Section 151 of the Code of Civil Procedure, 1908 stating inter alia that the decree companyld number be executed and possession of the shop companyld number be given by the mortgagees to the decree holder respondent as the tenancy of the appellant subsisted and the same had number been terminated under the provisions of the Rajasthan Premises Control of Rent and Eviction Act, 1950. 1 to 11 on 9th May, 1950 by a registered mortgage deed. 12 of 1976. Jain, Himansu Atrey and Mrs. Probha Jain for the Respondent. The facts giving rise to this appeal are as follows The respondent mortgaged the shop belonging to him to the defendant Nos. The decree was executable and the appellant had numberinterest and as such he companyld number resist the execution of the decree. Maheshwari and l3.S. 12 in the suit. Dorpura for the Appellant. The decision in M s Sachalmal Parasram v. Mst. Civil Execution Second Appeal No. v.Sri Raja Gyan Nath Ors.,
1969 3 S.C.C. Ratanbai Ors.,
A I R 1972 SC 637 and The All India Film Corp. Ltd. and Ors. 12 of 1976 whereby the appeal was allowed and respondent was granted one year time to vacate the premises. On the prayer of the appellant one year time was granted, on the expiry of which possession at the said premises shall have to be delivered. The respondent preferred a second Appeal being S.B. page 709. 2524 of 1985. From the Judgment and order dated 26.11.1984 of the Rajasthan High Court in S.A. No. Shankar Ghosh, B.P. 79 were held to be number applicable to the instant case. The said appeal was allowed by the High Court relying on the full bench decision of the High Court in 1984 R.L.R. Against this judgment and order the appellant filed an appeal being Civil Appeal No. CIVIL APPELLATE JURISDICTION Civil Appeal No. This is an appeal by special leave against the judgment and order dated 26th November, 1984 in S.B. M. Tarkunde, S.K. A written undertaking to that effect had been filed by the appellant in companypliance with the directions of the Court The appellant thereafter filed the instant appeal on special leave. 13 of 197 . The Judgment of the Court was delivered by RAY, J. The said appeal was, however. The application was dismissed.
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1987_582.txt
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5,000/ was awarded towards funeral expenses. 2,00,000/ was awarded towards loss of love and affection Rs. The companypensation was awarded under the following heads The numberional income of the deceased was assessed Rs. 25,000/ was awarded towards loss of love and affection Rs. 50,000/ was awarded towards loss of estate and funeral expenses. The twowheeler dashed against the stationary truck, and both Pradeep Tokas and the driver died on the spot. 10,000/ was awarded towards loss of estate and companysortium Rs. Pradeep Tokas was a student who was a trained swimmer, and had won prizes in Statelevel events. The High Court reduced the amount of companypensation awarded by the MACT to Rs. Deduction of 50 was made from the numberional income of the deceased towards personal expenses, since the deceased was a bachelor Multiplier of 15 was applied on the basis of the age of the mother of the deceased Rs. Pradeep Tokas was 21 years old at the time of his death. 16,246/ p.m. after adding Future Prospects Deduction of 50 towards personal expenses was made from the numberional income of the deceased, since he was a bachelor The MACT applied the Multiplier of 15 on the basis of the age of the mother of the deceased Rs. The High Court awarded the following amounts under various heads The numberional income of the deceased was assessed Rs. On 11.05.2004, Pradeep Tokas was sitting on a two wheeler as a pillion rider, while travelling on the Upper Ridge Road towards Karol Bagh, New Delhi. 323 of 2017 before the Delhi High Court for enhancement of companypensation. Aggrieved by the aforesaid Judgment, the Appellant Claimants have filed the present Civil Appeal for enhancement of the companypensation awarded. At 105 a.m., the said twowheeler met with an accident with a stationary Truck bearing Registration No. The Appellants herein are the parents of the deceased, who filed the Claim Petition before the MACT, Patiala House Courts, New Delhi claiming companypensation on the death of their son. 323 of 2017. The Respondent Insurance Company also filed a crossAppeal for reduction of companypensation. Signature Not Verified Digitally signed by NEELAM GULATI Date 2019.08.16 152041 IST Reason The Appellants herein have filed the present Civil Appeal for enhancement of the companypensation granted by the Motor Accident Claims Tribunal, Patiala House Courts, New Delhi MACT and the High Court. 9,25,000/. The truck was standing in the middle of the road without any indicator lights on. to the Appellant Claimants. Aggrieved by the aforesaid Award, the Appellants filed MAC. The present Civil Appeal has been filed to challenge the final Judgment and Order dated 01.08.2017 passed by the High Court of Delhi in MAC. 7,500/ p.m. HR51GA0525, which was number visible at night. 14,87,140/ along with interest 7 p.a. The High Court vide the impugned companymon Judgment and Order dated 01.08.2017 dismissed the Appeal filed by the Appellant Claimants, and allowed the Appeal filed by the Respondent Insurance Company in part. The factual matrix in which the present Civil Appeal arises is briefly stated as under 2.1. INDU MALHOTRA, J. The son of the Appellants viz. Leave granted.
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2019_524.txt
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The claimant was number satisfied with the companypensation awarded. The Arbitrator passed award on 23.3.1989 wherein apart from enhancing the companypensation, the Arbitrator gave 6 p.a. On 28.10.1985, the companypetent authority recommended companypensation. Over and above the enhanced companypensation, it awarded solatium at the rate of 15 and 6 interest. The Union of India as well as the claimant went in appeal before the High Court and the High Court by the impugned order dated 25.4.2003 further enhanced the companypensation. O R D E R CIVIL APPEAL NO.2077 OF 2008 ARISING OUT OF SLP CIVIL NO.20998 OF 2005 Delay companydoned. Notice under Section 7 1 of the Requisitioning and Acquisition of Immovable Property Act, 1952 hereinafter referred to as the Act for acquisition of 8.13 acres of land belonging to respondent No. 1 was issued on 26.2.1975. The position in law is companyceded by learned companynsel for Respondent No.1 claimant. On 5.1.1977, Notification in Form J was published. The matter was referred to the District Judge, who was appointed as the sole Arbitrator under the Act. Aggrieved by the said order, the Union of India is in appeal before us by way of special leave petition. Leave granted.
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2008_526.txt
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Anant had pressed upon the parents of Nagaratna for sending her to Belgaum with him. Later, it was learnt that Nagaratna had expired. He was also told that Nagaratna was number well. The accused No.1, Anant, was a close relative of Nagaratna and was unmarried at the relevant time. Both of them have stated that Anant had pressurized them to send their daughter to Belgaum with him. Upon this, PW1 gave some saline water to Nagaratna. On her enquiry, she was told by Anant that Nagaratna was number well and was being taken for treatment to the doctor. She herself was staying in one of the blocks with her husband and children while Anant was staying in the second block along with the deceased, Nagaratna. It is stated that on seeing the dead body of Nagaratna, PW9 fainted and when he regained companysciousness, he enquired from the accused Anant, as to how his daughter died. On 8th October, 1993, at about 7.30 a.m. in the morning, the deceased Nagaratna was brought to the house of PW9 in the Ambassador car. Hence, at the relevant time, she was staying with Anant at Belgaum. He saw the arrival of the Ambassador car and the deceased being put into the car by the accused persons. Anant and Nagesh had informed the parents that she died as a result of companysuming poison. However, Anant again persuaded her parents to send her to Belgaum promising them to secure her a good job at Belgaum. Roopa, PW1, saw Anant returning to the house at about 8.30 p.m. and taking the deceased Nagaratna along with him outside the house by holding her hands. Then, the accused Venkatesh also came there in the Ambassador car. On 7th October, 1993 at about 5.00 p.m. in the evening, Anant had gone to the temple leaving Nagaratna alone in the house. Later, it was learnt that the police had companye to the spot and informed that Nagaratna had died. Thereon the accused Anant jumped into the well but was rescued by some persons. Accused No.1 also was the resident of Gokarna but at that time was residing at Belgaum. The other two accused, namely, Venketesh, Accused No.1 and Nagesh, Accused No.3, were brothers in law of Anant. In the meantime, Venketesh came there with an Ambassador car. In other words, PW1 and PW2, both were the immediate neighbours of Anant. PW4 is the mother of the deceased while PW9 is the father of the deceased. The accused Nagesh, appellant herein, came to the house of Anant and tried to outrage the modesty of the deceased and have sexual intercourse with her. During the Ganapathi festival, she had visited her parents at Gokarna and was very reluctant to go back to Belgaum. Similarly, PW2 is the other neighbour who had been watching TV at about 8.45 p.m. on that day but after hearing the companymotion, had companye out of his house saw that Nagaratna was being taken away in the Ambassador car and he was told by the accused that they were taking her to a doctor as she was number well. Thereafter, the accused including Nagesh did number stay in the village and they immediately returned to Belgaum. Nagaratna, was a student of second year Pre University College PUC at the relevant time. The deceased was earlier staying with her parents. Her parents, thus, had sent her back with him to Belgaum. PW11, Praveen, who was running a tea shop at Belgaum, stated that he had seen the accused persons in the Ambassador car and he even knew the driver. PW9 was running a small tea shop at Gokarna. All of them were residents of village Gokarna. Thereafter, the deceased was put into the car and the police jeep as well as the car left from the place. The Police also came at the spot and the deceased was taken to the hospital in the Ambassador car. PW1 also tried to enquire from Nagaratna as to what had happened to her but she was unable to give any reply except that she was producing or making some groaning moaning sound of huhu huhu. Despite resistance, the body of the deceased was cremated. All the three accused had put the deceased into the car and never took her to the doctor but instead they went to the village Gokarna where they reached next morning and handed over the dead body of the deceased to the parents. The deceased, Smt. Further, the father of the deceased, PW9, had objected that her body be number cremated but despite his protest, the dead body was cremated in the village. The statement of these witnesses examined in light of the statement of the Investigating Officer, PW15, provides a companyplete chain as to how the deceased was brought to Belgaum and was last seen with accused Nagesh, whereafter she died and her body was cremated in the village despite protest by her parents. Her father, PW9, numbericed some marks of violence on the body of the deceased when she was brought inside the house. He was standing near the taxi stand when the driver brought the three accused persons in the car and there was a girl sleeping in the car. The father of the deceased, PW9, lodged a companyplaint with the police, Ex. The Investigating Officer, upon companypleting the investigation, filed charge sheet stating that the five accused, namely, Anant Ramanna Kudatalkar, Venkatesh Shesha Revankar, Nagesh Shriniwas Raikar, Prabhakar Ramnath Raikar, and Veerbhadra Purshottam Shetty had companymitted the offence. Sumitra, PW4 and Shivarai Shetti, PW9, had six daughters. PW1, Smt. On 8th October, 1993, the accused brought her dead body in the car and at that time her numbere was bleeding and there were blood clottings on the cheeks as well. 18 situated at Shastri Nagar, Goodshed Road, Belgaum companyprising of three blocks. Seeing her companydition and the moaning sound made by the deceased, PW1 gave her saline water. Her parents, namely Smt. It is stated that Chotubhai, PW2 who was watching television in his house at about 8.45 p.m., came out of his house upon hearing some companymotion outside the house. But when she resisted such attempts then Nagesh assaulted her and is stated to have murdered her by administering poison. Chotubhai, PW2, was also residing in the upstairs portion of the same block. Roopa, is the owner of the building called Sai Prasad, bearing No.304/31 and CCB No. By that time, she is stated to have already died. Aggrieved from the judgment of the High Court, the accused has preferred the present appeal. By then, some persons from the neighbourhood had also gathered there. A Bench of the High Court of Karnataka at Bangalore vide its judgment dated 19th December, 2003 while rejecting all the companytentions raised by the accused Nagesh, companyfirmed the judgment of companyviction and order of sentence passed by the trial companyrt vide its judgment dated 18th January, 2000 companyvicting the accused for an offence under Section 302 of the Indian Penal Code, 1860 IPC and sentencing him to undergo imprisonment for life and pay a fine of Rs.2000/ in default to undergo further rigorous imprisonment for six months. Even a police jeep had companye there. Swatanter Kumar, J. Even other people gathered by that time. As already numbericed, the High Court has companyfirmed the judgment of the Trial Court, giving rise to the present appeal. P6 on the basis of which the First Information Report FIR Exhibit P10 was registered and the investigative machinery was set into motion. They did number give any further information.
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2012_220.txt
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Kulwant Singh P.W. The gun shot fired by Uttam Singh hit the left thigh of Jagir Singh P.W, 5. Appellant Hardial Singh fired another shot which hit the deceased Jagir Singh on his chest and he fell down. P.W. ft is thus apparent that the shot alleged to have been fired by Gurnam Singh hit the right arm of the deceased and the gun shot which had been fired by Hardial Singh hit the chest of the deceased. Amar Singh and Dalip Singh also fired shots from their respective weapons and numbere of the shots hit any of the companyplainant party. 4 when the informant party did number stop the ploughing, it is accused Gurnam Singh who first fired which hit the right arm of the deceased and then, in self defence P.W.5 fired two shots from his gun and thereafter Hardial Singh fired from his gun which hit the chest of the deceased, Accused Uttam Singh also had fired from his rifle which hit the left thigh of P.W. 5 Jagir Singh to companytinue ploughing operation. As stated by P.W. The appellants then took their position behind the paddy straw ridge and Gurnam Singh fired from his rifle which hit P.W. 4 Kulwant Singh, however, asked P.W. Said P.W, 5 then rushed towards the boundary to pick up his 12 bore gun and at that point of time appellant Uttam Singh fired a shot which hit P.W. Prosecution case in nutshell is that a piece of land belonging to one Khazan Singh of village Rekh Jhitan was being cultivated by Kulwant Singh W.4 and his father Gulzar Singh P.W. It would thus be crystal clear that the death of deceased Jagir Singh was on account of the gun shot injury on his chest which in turn had been caused on account of firing from the gun of appellant Hardial Singh. 2 is the Doctor who had examined the injured P.W 5.
as well as the injured accused Hardial Singh. 5 then fired two shots in his defence. On the date of occurrence, on 31st of October 1981 Kulwant Singh P.W. 10, Amar Singh and Harbans Singh for the last so many years. The further prosecution case is that the said P.W.9, Jagir Singh the deceased, W. 4 and 5 were ploughing the land and P.W. 9 who was also distantly related to Kulwant Singh. The appellants family became interested in dispossessing Kulwant Singh and his father and apprehending forcible eviction by the appellants, said Gulzar Singh P.W. Gurnam Singh then told his other companypanions that the people should be taught a lesson for ploughing land. Appellant Gurnam Singh was also companyvicted under Section 302/149 IPC and was sentenced to imprisonment for life. Appellant Uttam Singh was companyvicted under Section 302/149 IPC and was sentenced to imprisonment for life. on the allegation that they came armed with guns and rifles and fired at the deceased as well as the injured W. 5 and other members of the informant party who were cultivating the land belonging to Khazan Singh in village Rekh Jhitan. The other Doctor was examined as W. 1 had companyducted the Post Mortem examination on the dead body of deceased Jagir Singh. While the ploughing operation was going on the accused persons armed with rifles and guns appeared at the spot and Gurnam Singh gave a lalkara number to plough further. These three alongwith the ac quitted Amar Singh and Dalip Singh stood their trial in the Court of Additional Sessions Judge, Amritsar under Sections 148, 302/149, 326/149 I.P.C. The Investigating Officer also sent the injured P.W. At the place of occurrence he prepared the Inquest Report and sent the dead body of deceased Jagir Singh for Post Mortem examination. It is difficult for us to accept the plea of right of private defence of person of accused Hardial Singh. The Investigating Officer companylected some blood stained earth from the place where the deceased Jagir Singh was lying and companylected some empty cartridges from that place. The learned Additional Sessions Judge acquitted accused Dalip Singh and Amar Singh giving them benefit of doubt on a companyclusion that the prosecution evidence does number prove the charge against them beyond reasonable doubt. No appeal had been filed against the said order of acquittal of Dalip Singh and Amar Singh but the appellants appeal against their companyviction and sentence was dismissed by the High Court on a reappreciation of the evidence of P.Ws. Relying upon the statement of P,Ws 4 and 5 and being of the opinion that the medical evidence companyroborates the ocular statement, the learned Additional Sessions Judge companyvicted the three appellants as already stated but since there was numberprosecution evidence to establish that Dalip Singh and Amar Singh had fired any shot which hit any of the members of the prosecution party, they were given benefit of doubt and were acquitted. It is to be numbered that all the five accused persons are related to each other, accused Dalip Singh being the father and the rest four are his sons. and sentenced to R.I. for one year and companyvicted under Section 326/149 IPC and sentenced to R.I. for two years. and sentenced to RJ. was sentenced to RJ. 5 had brought his licensed gun as they were apprehending trouble from the accused persons. He was also companyvicted under Section 148 IPC and was sentenced to R.I. for one year and companyvicted under Section 326 IPC and was sentenced to R.I. for two years. In his opinion the death was due to haemorrhage as a result of the injury to heart, left lung, liver and mesenteric vessels which had been caused on account of the gun shot injury on the chest. 4 had made arrangements for getting the land ploughed with a tractor and accordingly approached P.W. 5. 4 and 5. 5 on his lift thigh. He was also companyvicted under Section 148 I.P.C. He was also companyvicted under Selection 148 I.P.C. 4 and 5 as well as the medical evidence. 5 to Hospital at Amritsar for treatment and medical examination. 5 who was operating the tractor. 1 who had companyducted the Post Mortem examination on the dead body of the deceased found one inlet wound as well as outlet wound on the right forearm of the deceased and both those injuries companyrespond with each other. On dissection he found that the bullet after piercing the chest had entered the third intercostal space and then piercing the left pleura and upper lobe of the left lung had also ruptured the heart. for one year and under Section 326/149 I.P.C. He also found an inlet would of 1 cm x 3/4 cm oval in shape on the front and left side of chest 6 cm above left nipple. 4 and 5 are the eye witnesses to the occurrence. The appellants and their companypanions then left the place with their respective weapons. 4 immediately went to Police Station, Jandiala at a distance of 8 kms from the place of occurrence and lodged the FIR at 11 A.M. P.W. But so far as the three appellants arc companycerned, the learned Additional Sessions Judge companyvicted them and sentenced them differently. 15 the Investigating Officer recorded the First Information Report and left for the place for investigating into the offence. 5 substantially companyroborates the aforesaid version of P.W.4. The three appellants being unsuccessful in the appeal filed by them in the High Court and their companyviction and sentence passed by the learned Additional Sessions Judge, Amritsar, having been companyfirmed have approached this Court. From another place also he seized six empties and some live cartridges and recorded that statement of some of the witnesses under Section 161 of the Code of Criminal Procedure. The sentences of imprisonment of each of the appellants were ordered to run companycurrently. On companypletion of investigation he finally submitted the chargesheet and on being companymitted the accused persons stood their trial as already stated. In support of the prosecution case a large number of witnesses were examined of whom P.Ws. They moved the High Court against the companyviction and sentence in Criminal Appeal No. 388 of 1983 but the High Court dismissed the appeal and companyfirmed the companyviction and sentence and, hence, the present appeal. for two years. JUDGEMENT 1996 SUPP. 1 SCR 114 The Judgment of the Court was delivered by B. PATTANAIK, J. 10 filed a Civil Suit and had obtained an order of injunction on December 24, 1980.
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1996_1893.txt
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the appellant which is a registered firm and is hereinafter referred to as the assessee firm was appointed the managing agent of godrej soaps limited hereinafter called the managed companypany . under the principal agreement the assessee firm was appointed managing agent for a period of thirty years from numberember 9 1933.
clause 2 of that agreement provided as follows the companypany shall during the subsistence of this agreement pay to the said firm and the said firm shall receive from the companypany the following remuneration that is to say a companymission during every year at the rate of twenty per cent. it has been working as such managing agent since october 1928 upon the terms and conditions recorded originally in an agreement dated october 28 1928 which was subsequently substituted by anumberher agreement dated december 8 1933 hereinafter referred to as the principal agreement . c. setalvad attorney general for india k. n. rajagopal sastri and d. gupta for the respondent. civil appellate jurisdiction civil appeal number 183 of 1956.
appeal from the judgment and order dated september 11 1953 of the bombay high companyrt in income tax reference number 23 of 1953.
v. viswanatha sastri s. n. andley and j. b. dadachanji for the appellants. august 4.
the judgment of the companyrt was delivered by das c. j. this is an appeal from the judgment and order of the high companyrt of bombay delivered on september 11 1953 on a reference made by the income tax appellate tribunal under s. 66 1 of the indian income tax act whereby the high court answered the referred question in the affirmative and directed the appellant to pay the companyts of the respondent.
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1959_106.txt
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He recorded the statement of Bhanwari PW 1 Murlidhar PW 2 and also the further statement of Shiv Pratap PW 17 . PW 17 Shiv Pratap, his wife, three daughters and aged parents were residing in a house at Bidasar. All these articles were later identified by Shiv Pratap as gold ornaments belonging to his mother and daughters. The marriage of the eldest daughter of Shiv Pratap was fixed to be held on 20.2.1994. He also stated that he saw the appellant and Jora Ram entering the house of Shiv Pratap. PW 2 further stated that Shri Bhagwan was known to him previously as he had worked in the shop of Shiv Pratap for about 8 to 10 months. PW 17 and his wife then went to the room of their daughters. The articles were recovered from the close relative of the appellant and they were identified by PW 17. The appellant was interrogated and based on his statement, an axe was recovered from the water tank located on the terrace of the house of Shiv Pratap. In order to purchase some articles for the marriage, Shiv Pratap and his wife Bhanwari had left for Jaipur on 14th December, 1993. PW 17 used to peg the bag companytaining gold and silver jewellery of the shop. During the companyrse of further investigation, the appellant gave a statement regarding the place of companycealment of golden jewellery and other articles taken away from the house of Shiv Pratap. The brother of PW 17 who was staying nearby came to the house. Manak Chand was examined and he deposed that this invitation had been sent by him to Shiv Pratap on the occasion of the marriage of his daughter which was on 10th December, 1993. From the house of Ramu Ram, a small tobacco box was recovered which companytained 12 companyper pieces and an envelope of Kumkum Patri addressed to Shiv Pratap, Bidasar, and the senders name was one Manak Chand Soni PW 10 . Various blood stained articles were found strewn in the room. P 8 Statement given by PW 17 Shiv Pratap, the name of the appellant was number mentioned, though he was accompanied by PW 2 Murlidhar, who is alleged to have seen the appellant along with one of the deceased prior to the incident. In his statement, PW 2, Murlidhar mentioned that on the evening of 14th December, 1993, he had seen the deceased Jora Ram, the father of Shiv Pratap, at about 6.00 PM going to his house after closing the shop and the appellant, Shri Bhagwan was also accompanying him. PW 17 broke open the lock and found dead bodies of his three daughters. By about 9.45 P.M., PW 17 gave the P 8 statement before the Station House Officer of Police Station Chhapar PW 23 . Many of these articles were found blood stained. In the instant case, the appellant companyld number give an explanation as to how he came into possession of various gold ornaments and other articles belonging to Shiv Pratap and the members of his family. PW 17 knocked at the door in vain and after sometime he scaled over the wall and gained entry into the room. The various articles, including clothes found lying in the house, were recovered. The appellant led the police party to the house of Ramu Ram and from his house a bag companytaining jewellery and other articles were seized under Ex. PW 18 stated that he had stitched the shirt for the appellant and he had also recorded the name of the appellant and the measurements in the register. PW 23 registered a case and immediately visited the place of occurrence. Pursuant to the statement made by one of the accused, gold and silver ornaments and other articles were recovered. This shirt was blood stained and it bore the label of 786 J.K. Tailors, Subzi Mandi, S.R.D.R. It may be numbered that PW 17 must have been under severe psychic trauma at the time of giving the Exh. A broken iron Kunta, a wooden Pestle and an iron scissors were also recovered from the scene of occurrence and all these articles were stained with blood. The investigation officer later visited the said shop of J.K. Tailors and questioned the owner of the shop, Zafar Hussain PW 18 . He too visited the place of occurrence and companylected various articles from there. On reaching the house, they found the outer door of the house open and the inside room was found bolted from within. Based on this information, appellant Shri Bhagwan was arrested on the night of 18th December, 1993 and the investigation of the case was taken over by PW 24 . On the shirt, number 427 was found marked. They came back to Bidasar from Jaipur on 17th December, 1993 at about 9.30 PM. Appellant, Shri Bhagwan also gave a statement to the effect that while he was travelling in a bus, he had thrown away the shirt worn by him at the time of occurrence, near a place three kilometers away from Sujangarh. The appellant led the police party to that place and the said shirt was recovered from the bushes near the place where the appellant had stated to have thrown the same. These articles included one gold finger ring, gold ear tops and numbere tops, white pearls, etc. P 48 is the register maintained by him and as against serial number 427, the name of appellant, Shri Bhagwan Soni was found written. That room was found locked from outside. That bag was also found missing. The appellant also companyld number give any reasonable explanation how he sustained injuries on his body and how his shirt became blood stained. Appellants brother in law Bahnoi Ramu Ram was a resident of Sardar Shahar. He found his parents lying dead with multiple injuries. 1995 3 SCC 574, observed If in a given case as the present one the prosecution can successfully prove that the offences of robbery and murder were companymitted in one and the same transaction and soon thereafter the stolen properties were recovered, a companyrt may legitimately draw a presumption number only of the fact that the person in whose possession the stolen articles were found companymitted the robbery but also that he companymitted the murder. On the next night, the appellants were arrested and interrogated. In the facts and circumstances, it is a fit case where the presumption under Illustration a to Section 114 of the Evidence Act companyld be drawn that the appellant companymitted the murders and the robbery. As regards the question of sentence, the companynsel for the appellant submitted that the appellant was a youngster aged 20 at the time of crime and ever since the imposition of death penalty on him he has been under devastating and degrading fear that is imposed on the companydemned and that appellant must have been under intense mental suffering that is inevitably associated with companyfinement under sentence of death. For the offence under Section 302 IPC, the appellant was sentenced to death and to pay a fine of Rs.200/ by the Sessions Judge. Shocked at the incident, they made a hue and cry. Some neighbours also came there in the meanwhile and saw the ghastly incident. G. BALAKRISHNAN, J. LITTTTTTTJ The facts in this criminal appeal disclose acts of unparalleled evil and barbarity as five persons of a family were battered to death without mercy by a young culprit aged about 20 years. For the offences under Section 392 and 397 IPC, he was sentenced to undergo R.I. for seven years and to pay a fine of Rs.200/ . On the next day, he took various photographs and companyducted inquest of the dead bodies of all the five deceased persons. This companyrt, relying on an earlier decision reported in Gulab Chand vs. State of M.P. The companyrts below have rightly held the appellant guilty of the offences charged against him. This was challenged in appeal and the Division Bench of the Rajasthan High Court companyfirmed the companyviction and sentence of the appellant.
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2001_365.txt
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of companyper wire to the Appellant Company. was used in processing, and as such, the companyper rods weighing 6,222.04 kgs. Copper weighing 26.87 kgs. On 25.8.2008, a companytract was entered into by the accused Respondent No.2 whereby it was to process the companyper rods to be supplied by the Appellant Company into companyper wire. for processing and out of that the accused returned only 33,440.10 kgs. The Appellant is a companypany engaged in the manufacture of companyper wire having its factory at SIDCUL, Haridwar. The Appellant submitted that during the period between 4.7.2008 to November, 2008, the Appellant entrusted in total companyper rods weighing 39,689 kgs. remained with the accused Respondent No.2 which, according to the Appellant, was misappropriated and companyverted to his own use and the said companyper was never returned to the Appellant. The accused Respondent No.2 is running his business in the name of his sole proprietorship companycern by name M s. Dynasty India and also in the name of his companypany named M s. Dynasty India Private Limited. S. RADHAKRISHNAN, J. Leave granted.
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1947_226.txt
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The workmen listed at Serial Nos. The management also decided to dismiss the protected workmen. 1 A companycerning 12 workmen only out of 25. 1 B in view of the settlements entered into by and between these workmen and the management. On behalf of 33 out of 76 of these workmen, the union entered into a settlement with the management, the remaining workmen of this group individually entered into settlements with the management. Almost all the workmen refrained from participating in the inquiries the 12 workmen companycerned in this appeal also remained absent. The Union representing the aforesaid 33 workmen, and the remaining workmen out of this group of 76 individually, withdrew demand No. The inquiry officers found the workmen guilty of adopting wilful go slow tactics. All the 101 workmen had been found guilty of go slow but 76 of them were reinstated on a permanent basis and the remaining 25 workmen were denied the same treatment for numbergood reason. The management accepted the findings of the inquiry officers and dismissed the workmen other than those who were protected workmen as defined in the explanation to section 33 3 b of the Industrial Disputes Act, 1947. During the pendency of the reference all the 76 workmen companyered by paragraph 1 B of the Schedule who had been taken back on temporary basis were made permanent as a result of settlements reached between these workmen and the management. Between October 27 and 31, 1967 the management issued chargesheets to 102 workmen alleging that they had resorted to wilful go slow. The dispute relating to the dismissal of 101 workmen one of the workmen companycerned having died in the meantime was to be referred for adjudication by a joint application made by the parties under section 10 2 of the Industrial Disputes Act. 3 77 of the dismissed workmen were to be re employed on temporary basis till the disposal of the adjudication by the Industrial Tribunal. 406 of 1967 was pending before the Tribunal, applications were made section 33 2 b of the Industrial Disputes Act for approval of the action of the management in dismissing the workmen and under section 33 3 b for permission to dismiss the protected workmen. On September 14, 1967 the management put up a numberice asking the workmen to desist from companytinuing with the go slow tactics. The dismissal of these workmen was set aside on the following findings The inquiry held by the management was vitiated because, a chargesheets had number been served and numberice of inquiry number given to 2 out of 12 workmen b 2 out of the 3 inquiry officers were biased c some of the workmen were number furnished with companyies of certain documents relied on by the inquiry officers and, d the chargesheets served on the workmen did number companytain necessary particulars regarding the go slow tactics adopted by each of them. 1 to 25 of Schedule I which companytains names of the 12 workmen companycerned in this case hereto should be reinstated in their former employment with companytinuity of service and other benefits and should be paid full wages, dearness allowance and other allowances from the date of dismissal of each of the workmen till each is so reinstated without any companydition attached to such payment. The case of the management is that even after the workmen resumed work, they adopted a deliberate go slow policy resulting in fall in production. The period during which the workmen were absent from duty was treated as leave without pay and companytinuity of their service was maintained. In the meantime 13 out of the 25 workmen companyered by demand 1 A also reached a settlement with the management and withdrew the dispute relating to them the terms of settlement were that these workmen would submit their resignations and be paid one months basic wages and dearness allowance for each year of service along with gratuity, leave wages, provident fund and the balance bonus due to them. The numberice however had numbereffect and from October 4, 1967 the workmen working in the tyre curing department again went on a strike. The first paragraph which is divided into two parts, A and B reads as follows SCHEDULE 1 A The workmen listed at Serial Nos. This strike was called off on May 15, 1967, according to workmen on certain assurances given by the Commissioner of Labour. 307 of 1968 directing reinstatement of 12 workmen dismissed by the appellant, Firestone Tyre and Rubber Company of India Private Limited. The Tribunal by its award dated December 9, 1976 directed the appellant companypany to reinstate the 12 workmen named against serial Nos. The remaining 25 workmen, including the 12 we are companycerned within this appeal, were number to be taken back but the management would pay to them 50 per cent of their basic wages and dearness allowance from the date of the retirement till the disposal of the adjudication by the Tribunal. 307 of 1968 referred to the Industrial Tribunal, Bombay, the disputes between the parties relating to the demands detailed in the schedule to the order of reference. As a reference companycerning an earlier dispute Reference No. From the award dated 23.3.1977 of the Industrial Tribunal, Maharashtra, Bombay in Reference I.D. Section 10 4 of the Industrial Disputes Act lays down Where in an order referring an industrial dispute to a Labour Court, Tribunal or National Tribunal under this section or in a subsequent order, the appropriate Government has specified the points of dispute for adjudication, the Labour Court or Tribunal or National Tribunal as the case may be, shall companyfine its adjudication to those points and matters incidental thereto. The management was thus guilty of discrimination and unfair labour practice. In this case the points of dispute were specified in the schedule to the order of reference, and the Tribunal was therefore required to companyfine its adjudication to those points and matters that were incidental to them. The more important terms of the settlement were The Firestone Tyre Employees Union agreed to withdraw the strike. 26 to 101 of Schedule I hereto who are at present re employed on a temporary basis should be granted reinstatement in their employment from the date of dismissal of each and should be granted companytinuity of service and other benefits and also should be paid full wages, dearness allowance and other allowances from the date of dismissal of each till each was reemployed, without any companydition being attached to such payment. 2, 3, 5, 7, 8, 10, 11, 13, 18, 22, 23, 25 of Schedule I to the order of reference with companytinuity of service and full wages, dearness and other allowances. This is an appeal by special leave from an award made by the Industrial Tribunal, Bombay, on December 9, 1976 in Reference No. As agreed a joint application by the parties was made on which the Deputy Commissioner of Labour, Bombay, under section 10 2 of the Industrial Disputes Act Reference No. The dispute on which the impugned award was made was thus restricted to demand No. 307 of 1968. By an award dated January 10, 1973 the Tribunal disposed of demand No. Wilful slowing down in performance of work or abetment, or instigation thereof. It appears that subsequently, on April 17, 1968 the parties reached a settlement. They were also to retain the wages for one month paid to them when they were dismissed. It was companytended on behalf of the Union on the basis of this finding that numberuseful purpose would be served by remitting the case to the Tribunal. Three inquiry officers were appointed to inquire into the charges. On the question of back wages, the matter was left to be decided later on evidence. The appellant companypany carries on the business of manufacturing tyres, tubes and several other products in Bombay. You have wilfully slowed down in performance of work as per particulars given below The particulars were then mentioned. K. Venugopal, Rameshwar Nath and Ravinder Nath, for the Appellant. K. Ramamurthi, A.D. Sastri and Mrs. Urmia Sirur, for the Respondent. 1 B as number pressed. The chargesheets issued were in identical language and they read as follows You are charged with the following act of misconduct under the Companys certified standing order No. Shardul S. Shroff and H.S. Parihar for the interveners. 1794 NL of 1977. The second matter mentioned in paragraph 2 does number survive for companysideration. 24 C , viz. The Judgment of the Court was delivered by GUPTA J. CIVIL APPELLATE JURISDICTION Civil Appeal No. No.
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1981_204.txt
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criminal appellate jurisdiction criminal appeal number 102 of 1966.
appeal from the judgment and order dated february 14 1966 of the gujarat high companyrt in criminal appeal number 208 of 1964.
the case of the prosecution is that the appellant was a doctor having his dispensary situated near jakaria masjid at ahmedabad.
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1968_293.txt
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646,647 and 648. 3938 of 2006 ARIJIT PASAYAT, J. This according to appellants rendered the judgment vulnerable. The Second appeal was partially allowed by setting aside the judgment and decree of the First appellate Court in the plaintiffs suit for possession to the extent of land measuring 36 kanals companyprised in Khasra Nos. In these appeals challenge is to the judgment rendered by a learned Singh Judge of the Punjab and Haryana High Court allowing the Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908 in short the CPC . With Civil Appeal No.
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2006_561.txt
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The employers companytended that they had finally and irrevocably closed the industrial undertaking and were number guilty of any unfair labour practice. Broadly stated the companyplaints were that the employers were guilty of imposing and companytinuing a lock out and had thus companymitted unfair labour practice. General Labour Union Red Flag Bombay filed two companyplaints, one against M s. Delta Wires Pvt. The companyplaints were filed in the Industrial Court, Maharashtra, Bombay. Ltd. and second against M s. Delta Spokes Manufacturing Company, two sisters companycerns employers for short under Sec. He further stated that the employers are willing to take back all the old workmen and in order to satisfy the companyrt about the bonafides of the employers he pointed out that nearly 16 old workmen, who responded to the advertisement in a local newspaper, have already been re employed. Mr. Govind Dass stated that the employer will put on record an unconditional undertaking as affidavit in these appeals that numbernew workman will be recruited in afore mentioned two industrial undertakings who had number been in previous employment with them without giving first preference to the workmen who were in employment of the two companycerns on April 8, 1980 when they were closed down. 173 of 1983 K Ramamurthi and Urmila Sirur for the Appellant. 28 read with Items l a , l b , 2, 4 a , 4 f and 6 of Schedule II of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 Act for short . 6092 6093 of 1983 Appeals by Special leave from the Judgment and order dated the 4th February, 1983 of the Bombay High Court in P. No. Gobind Das, P.H. After hearing the parties, the learned Judge answered the issue in negative and dismissed the companyplaints. 226 of the Constitution questioning the companyrectness of the decision of the Industrial Court. The appellant Union filed two special civil applications in Bombay High Court under Art. The Union thereupon filed these two appeals by special leave. CIVIL, APPEALATE JURISDICTION Civil Appeal Nos. Parekh and Indu Malhotra for the Respondent The Judgment of the Court was delivered by DESAI, J.
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1984_356.txt
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The Motor Accident Claims Tribunal gave companypensation of Rupees forty five lakhs to his wife, minor daughter and his parents. The High Court reduced the companypensation to Rs.5,82,132/ . On 19th May, 1995, Pankaj Gupta, aged 32 years, died in vehicular accident. This appeal is directed against the judgment of the Delhi High Court delivered in Motor Accident Claims Appeal No.239 of 2004 on 9th July, 2007. The Oriental Insurance Company for short, the Insurance Company, being aggrieved by the said judgment, filed an appeal before the High Court. Aggrieved thereby, the dependents of the deceased have preferred this appeal by way of special leave. Heard learned companynsel for the parties. Leave granted.
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2009_1342.txt
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3 was promoted temporarily as Superintendent ignoring the claim of Respondent No. 3 and direct the Government to promote him as Superintendent in the place of Respondent No. 3 belonged to a Scheduled Caste. 3 Respondent No. 1 moved the High Court of Punjab to quash the promotion of Respondent No. The High Court has quashed the promotion of Respondent No. 1 and 3 to this appeal were both working in the Forest Department of the Government as Head Assistants. 1 was senior to Respondent No. His turn would number be withheld merely for the fact that his number on the select list is number in the first ten. Respondent No. The State of Punjab number substituted by the State of Haryana has brought this appeal after obtaining a certificate from the High Court under Article 133 1 e of the Constitution. Respondents Nos. Hence in view of the order of the Government, Respondent No. Aggrieved by that order Respondent No.
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1970_279.txt
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2 to transpose him as appellant in the place of Kashinath Sajjan Patil. 3 for substituting him as appellant in the place of the deceased appellant, Kashinath Sajjan Patil. The appellant Kashinath Sajjan Patil has filed the appeal against the Judgment of the High Court of Judicature at Bombay in Election Petition No. 19 of 1990. 1 from Shahada, Maharashtra Legislative Assembly Constituency which was held in 1990. It is unnecessary for us to traverse the same for the reason that the appellant died pending the appeal before this Court on 19 3 1992 in a road accident. The appellant was a voter. The petitioner challenged the election of the respondent No. He filed a petition making several averments. He also filed I.A. No.
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1992_365.txt
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The Government of India had supplied some steel to the plaintiff companypany for manufacturing gas plants at Rampur. As the price of the steel remained unpaid by the Union of India as well as G. Brothers the plaintiff companypany filed its suit for Rs. Only a part of the steel so supplied was utilized for the intended purpose and with regard to the rest the Regional Deputy Iron and Steel Controller, U.P. The Kanpur Controller therefore directed the plaintiff companypany to deliver the surplus steel to M s. Govan Brothers Ltd., Rampur hereinafter referred to as G. Brothers and to this extent the order companytained in letter exhibit 16 stood modified The plaintiff companypany delivered to G. Brothers the surplus material lying with it between the 11th April, 1945 and 30th of April, 1945. Ultimately the plaintiff companypany was informed by the Accounts officer attached to the Iron and Steel Controller, Calcutta, that it should take up the matter with G. Brothers. Circle, Kanpur here in after referred to as the Kanpur Controller directed the plaintiff companypany through a letter dated the 8th/10th of November, 1944 exhibit 16 to deliver the same to the U.P. It was emphasized that G. Brothers alone were liable for the payment demanded by the plaintiff companypany. There is numberreason for us to hold, in view of this statement that the steel supplied by the plaintiff companypany to G. Brothers was number being held by the latter on behalf of the Government of India and if that be so, the Government must be held to have reaped full benefit of the delivery to Brothers and it is immaterial how the steel supplied to the latter was dealt with later on. I have to hold you and you in turn Messrs. Govan Bros. Rampur Ltd., responsible for the recovery of the companyt of the materials when intimated to you. In relation to the recovery of price of the material the letter stated Your bill for companyt of the material supported by original receipts from suppliers should be made out in the name of lorn and Steel Controller, Calcutta, and submitted to this office. Besides, a letter exhibit 51 which was issued by the Kanpur Controller to Mr. Siddiq Ali Khan of the Department of Industries and Commerce, Rampur, also states In this, companynection I may mention that the steel is virtually the property of the Government of India, War Transport Department and under numbercircumstances can the Government loose , money in the bargain. The case of the plaintiff companypany may be briefly stated thus. Registered Stock Holders Association Kanpur for short the Association . 1273/70. Another plea taken was that the suit was number maintainable in view of the provisions of section 175 3 of the Government of India Act, 1935, which enjoins that a companytract between the Government of India and a third party has to be in writing and in a particular form. 46,652 14 6 with interest at the rate of 3 percent per annum from the date of the institution of the suit till payment in favour of M s. J.K. Gas Plant Manufacturing Company Limited against the sole defendant, namely, the Union of India. I am obtaining the actual companyt of the materials plus all incidental charges and I will let you know the amount to be paid by each party along with written orders re gularising the issue of these materials to the various parties. This appeal by certificate granted under article 133 1 a of the Constitution of India by the Allahabad High Court is directed against its judgment dated the 28th of January, 1966, companyfirming on appeal a decree passed by the Civil Judge, Kanpur, for the recovery of Rs. P. Rao, Subodh Markendeya, R. Venkataramani and Miss Subhashini for the Appellant. 431 of 1957. The companytention raised by the defendant to the effect that section 17 2 of the Defence of India Act was a bar to the suit was negatived by the trial companyrt. The Judgment of the Court was delivered by KOSHAL, J. J. Sorabjee and Rameshwar Nath for the Respondent. Appeal by Special leave from the Judgment and Decree dated 28 1 1966 of the Allahabad High Court in First Appeal No. Some other findings were also arrived at which are number relevant for the purposes of this appeal. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1980_155.txt
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Vijay Nagar at the behest of Rajendra Kuntal Head Security Guard of Dr. P. Mahalingam. In April 2000, Dr. P. Mahalingam the second respondent, Chairman Managing Director of the Medical College took a loan of Rs. The appellants stated that Dr. P. Mahalingam the second respondent found a good ally in Anil Somania the then Station Officer of P.S. They started hurling abuses to her saying that she is much close to Dr. Mahalingam. Vijay Nagar. 425 of 2005 was registered on 28.11.2005 under Sections 147/323/342/352/354/427/504 and 506 IPC at the Police Station against Dr. P. Mahalingam and other persons named in the companyplaint. The disputes and differences arose after the father of the appellants demanded repayment of the loan from Dr. P. Mahalingam the second respondent herein, Chairman Managing Director Trustee of Maharaji Educational Trust and Santosh Medical College and Hospital, Pratap Vihar, Vijay Nagar, Ghaziabad. For the other incident dated 14.1.2006 report was lodged as Case Crime No.21 of 2006 under Sections 452, 323, 336, 504, 506, 420 IPC at Police Station Vijay Nagar, Ghaziabad, against Dr. Monica Kumar and Dr. Manish Kumar as they are said to have beaten the security man Rajendra Kuntal and also damaged the College properties. Owing to companystant threats and victimisation by Dr. P. Mahalingam in companylusion with the local police, the appellants filed Miscellaneous Writ Petition No. On a companyplaint made by the father of the appellants and on intervention of the District Magistrate and S.S.P., Ghaziabad, Dr. P. Mahalingam the second respondent on 28.02.2003 allegedly, gave 5 cheques for Rs. The appellants then stated that the tape recorded companyversation held between the father of the appellants and Dr. K. Shrivastava, Principal of the College, would clearly reveal that Dr. P. Mahalingam the second respondent is the main person instrumental in victimisation and harassing of the appellants. The High Court on 12.11.2002 having numbericed serious allegations of mala fide, restrained Dr. P. Mahalingam the second respondent from interfering in and companyducting examination of the first appellant and further directed that the practical examination of the first appellant be got companyducted through Agra Medical College in which the first appellant was declared pass with 70 marks. The appellants alleged that having miserably failed in all attempts to ruin the career of the first appellant, Dr. Mahalingam the second respondent on 04.04.2003 got a false and frivolous report lodged under Sections 504 and 506 IPC through his yes man and associate Dr. Anil Tomar against all the members of the appellants family whereupon Case Crime No. Dr. P. Mahalingam the second respondent in his letter dated 9.4.2001 acknowledged the liability and had also assured to refund the entire loan amount. Hospital, Ghaziabad and on refusal to register their FIR by the Police of Police Station, Ghaziabad, the appellants proceeded to file an application under Section 156 3 Cr. Aggrieved thereby, Dr. P. Mahalingam the second respondent filed a Criminal Writ Petition before the High Court which was dismissed vide order dated 9.11.2005. In companypliance to the order of the High Court Dr. P. Mahalingam the second respondent issued character certificate, pass certificate and attempt certificate to the fist appellant but with wrong dates and incomplete particulars. 7272 of 2003 against Dr. Mahalingam the second respondent under Section 138 of the Negotiable Instruments Act in the Court of Additional Chief Judicial Magistrate, Ghaziabad wherein by order dated 24.1.2004 the second respondent and others were summoned as accused persons. That apart, the College took a loan of Rs. The above stated cases pertained to the period when the appellants were students and studying MBBS Course in the College. Vijay Nagar and their drivers. 21/2006 registered on 14.01.2006 in Police Station Vijay Nagar at the behest of Rajender Kuntal respondent, Security Guard of the institution, under Sections 452/323/336/504/506 and 427 IPC. before Chief Judicial Magistrate, Ghaziabad seeking direction to the police to register the FIR and hold proper investigation in the case. The victim Dr. Indra Mohini Sharma who is teacher in Santosh Medical College under Section 161 of the Code supported the F.I.R. The High Court vide order dated 19.9.2001 directed the College authorities to declare the results of MBBS Final Professional Part I Examination, 2001 and the result of the scrutiny of Pharmacology of Second Professional Examination, 2000 and further to permit the first appellant to appear in Final MBBS Part II Examination and to declare the result of the said examination as well. 412/2005 lodged against them by Dr. Indra Mohini Sharma, third respondent, under Sections 458/323/504/506 IPC and Case Crime No. 21 of 2006 under Sections 452, 323, 336, 504, 506, 420 IPC respectively registered against them at Police Station, Vijay Nagar, District Ghaziabad and seeking for entrustment of further investigation of the aforesaid cases to the Central Bureau of Investigation for short the CBI. This case would reveal a chequered history of legal battle being fought by the appellants the students of Santosh Medical College on one hand and the authorities of the College on the other hand. On her cries, security men namely, Rajveer, Prempal and some of the students of the College, came for her rescue. character certificate, pass certificate and attempt certificate to the first appellant. P.C. 412/2005 dated 5.10.2005 registered against the appellants under Section 452/323/504 and 506 IPC at P.S. Vijay Nagar whose daughter was also studying in the same College and thus was able to intensify the harassment of the appellants and got initiated criminal proceedings against them under Sections 107/116 Cr. Aggrieved by the action of the Principal of the College, the first appellant preferred Civil Writ Petition No. Having failed in all earlier attempts to harm the careers of the appellants, the second respondent allegedly in companylusion with Anil Somani, SHO, instigated Dr. I.M. It was alleged that the second respondent with vindictive attitude started harassing the appellants and in the result declared in July 2000, Dr. Monica Kumar the first appellant was got failed in both theory papers of Pharmacology and she was number allowed to appear in two subsequent supplementary examinations as well as in Final Professional MBBS Part I Examination. 25 lakhs on interest at the rate of 11.5 from Dr. Narendra Kumar, father of the appellants. The learned single Judge of the High Court by order dated 17.2.2005 disposed of the said writ petition as companynsel for Dr. P. Mahalingam the second respondent produced a fresh certificate reporting therein that the first appellant had companypleted her internship satisfactorily and therefore was eligible for MBBS Degree. 412/2005 for offences punishable under Sections 453, 323, 504, 506 IPC, the appellants were arrested by the police on 15.01.2006 from their house and were lodged in jail. On 4.03.2002, the High Court got the answer books of the first appellant re examined by the Head of Department of Pharmacology of Motilal Nehru Medical College, Allahabad in the companyrt itself. The first appellant was molested and she had been threatened to be kidnapped, raped and even murdered whereas the Dr. Manish Kumar the second appellant, brother of the first appellant was assaulted with kicks, fists, shoes and sticks. Sharma, Warden of Girls Hostel of the College the third respondent herein and got a false and frivolous FIR No. On 2.5.2004 and 2.6.2004 the appellants were allegedly assaulted mercilessly by the second respondent, Anil Somania, Station Officer, P.S. The appellants also stated that even on issuance of satisfactory companypletion certificate of internship to the first appellant duly signed by all the Professors and Heads of Departments, Medical Officers and Dean of Faculty on 18/19.3.2004, the Principal of the College who was simply required to companyntersign internship companypletion certificate, deliberately for numbervalid reason entered the word unsatisfactory by antedating it as 16.01.2004 at the behest of Dr. P. Mahalingam the second respondent as a result thereof the first appellant companyld number get the MBBS Degree for getting herself enrolled with Medical Council of India number she companyld appear in any Post Graduation Examination. They decided to get admission in MBBS companyrse for the academic session 1996 97 in Santosh Medical College, Ghaziabad for short College against NRI quota after remitting US 50,000 and US 49,700 respectively towards capitation fees and additional hostel fees of RS. 9150 of 2001 in the High Court wherein vide order dated 14.3.2001, the second respondent was directed to permit the first appellant to appear in the final Professional MBBS Part I Examination. 21 of 2006 dated 14.1.2006 registered against them under Sections 452/323/336/504/506 and 427 IPC at P.S. Police also recorded statement of these two security men also of Gaurav Pandey, student of the College who reiterated about the incident. The High Court directed the second respondent to produce before it the tabulation chart of Surgery Practical Examination of all the students including the first appellant. The companyplaint of Rajendra Kuntal was sent through Ram Murti Mani Kandan, Personal Manager of the second respondent, to the Police Station. In pursuance of the order of the Chief Judicial Magistrate dated 03.10.2005 and subsequent order of the High Court dated 9.11.2005, FIR at the instance of Dr. Monica bearing Crime No. On filing of the above criminal case by the father of the appellants, the second respondent got infuriated and became more and more vindictive against the appellants and their family members. in Case Crime No. 412 of 2005 under Sections 452, 323, 504, 506 and 427of the Indian Penal Code for short the IPC and in Case Crime No. The SSP Ghaziabad is directed to hand over investigation of this case to a Gazetted Officer number below to the rank of Deputy Superintendent of Police. Dr. Narendra Kumar, the father of the appellants, is presently working as Professor Medical Director of Neonatal Intensive Care Unit NICU and also performing medical practice at 2917, Middleboro Place, Modesto, California. The High Court vide order dated 9.4.2002 directed the College authorities to be present personally in the Court but in the meantime on 22.04.2002 the result was declared and for numbervalid reasons, the first appellant was declared failed in Surgery Practical Examination. Leaving numberstone unturned to fulfill his vengeance and revengeful attitude against the appellants, the second respondent got one more frivolous FIR bearing Crime No. 14, Sector 12, Pratap Vihar, Ghaziabad with knife and brick bats. The first appellant filed a Writ Petition No. The investigating officer has recorded the statement of Rajendra Kuntal and other security personnel namely Prempal and Manoj Kumar. 297/2005 Case Crime No. The appellants are facing trial of Case Crime No. Though the said application was initially rejected by the Chief Judicial Magistrate, but in view of the order of the IIIrd Additional District and Sessions Judge, Ghaziabad, the Chief Judicial Magistrate by order dated 3.10.2005 directed the companycerned Police Station Officer to register the case against the culprits. before the Chief Judicial Magistrate on the basis of which case under Section 347/502/506/342/352/ 354 and 427 IPC has been registered against the defaulters. By Orders dated 7.01.2002/16.01.2002, the High Court directed the companylege authorities to produce answer books of Pharmacology of the first appellant. On re examination of the papers, the first appellant secured good marks in both the papers and accordingly, the companylege authorities were directed to declare her results forthwith. In April 2001, the matter was reported to the Additional District Magistrate, Ghaziabad, for taking appropriate steps to get the loan amount refunded. has filed with their affidavit translated true companyies of apology letters dated 13.04.2004 and 02.05.2004 respectively said to have been written by the appellants and addressed to the SHO, Vijay Nagar P.S., Ghaziabad, the companytents whereof read as under Tomorrow morning 9am, myself and my daughter Monica Kumar and Manish Kumar will go to SP City office. The first appellant again was forced to file Contempt Petition No. In companypliance of the High Courts order, the first appellant was permitted to appear in the examination, but her result was deliberately withheld for an oblique motive which companypelled the first appellant to approach the High Court of Allahabad by way of Miscellaneous Application in the pending Writ Petition No. 7792 of 2006 and 7791 of 2006 filed by the appellants under Section 482 of the Code of Criminal Procedure for short Cr. for quashing of the said FIRs and entrusting further investigation of the cases to CBI. The appellants filed Criminal Miscellaneous Petition No. 8542 of 2003 under Section 482 Cr. The Senior Superintendent of Police, Ghaziabad shall look into the grievances of the petitioners regarding the ill treatment humiliation harassment etc. 1923 of 2003 seeking for quashing the said criminal case and the High Court vide order dated 17.4.2003, stayed the arrest of the appellants and their parents during the investigation of the above said FIR. As numbericed in the earlier part of this judgment, a series of civil writ petitions and criminal proceedings besides companytempt proceedings were initiated by the appellants in which allegations of mala fides, acts of victimization and physical and mental harassment were alleged against the second respondent in his personal capacity and also as a Chairman Managing Director of the College Trust. Both the appellants were born in California and companypleted their schooling in USA. The appellants were arrested on 15.01.2006 from their house and lodged in jail. The second respondent is said to have challenged the order of the Magistrate but he companyld number succeed. The appellants filed application under Section 156 3 Cr. It was stated that one cheque was dishonoured on 18.10.2003 and the father of appellants preferred a Criminal Case No. Both the appellants and their parents filed Writ Petition No. 1947 of 2006 praying for CBI investigation into the matter. She was rescued by the security men Rajveer and Prem Pal. The appellants alleged that Sub Inspector J.K. Gangwar ought number to have companyducted the investigation of the cases, as in the earlier proceedings, the High Court made observations that he was under the influence of SHO Anil Somani. The Police rushed to file charge sheet without making any fair and effective investigation against which Criminal Miscellaneous Application No. from the father of the appellants and its payment was assured by a handwritten slip. The first respondent State of U.P. 4057 of 2005 against the second respondent praying for taking legal proceedings against him for violation of the companyrts order. 19069 of 2004 in the High Court of Allahabad and the High Court vide its order dated 11.01.2005, recorded that the certificate issued by the companypetent authorities was deliberately antedated. The appellants then preferred two separate petitions referred to above under Section 482 Cr. The first appellant left with numberother remedy, but to approach the High Court by means of another writ petition. It appears that the orders directions of the High Court were number companyplied with which gave rise to the first appellant to file companytempt of companyrt proceedings against the companylege authorities. This time again on being approached by the appellants, the High Court by order dated 25.11.2005 stayed those proceedings. Their bail applications were adjourned four times by the learned Magistrate, who had called for case diary and medical reports, which the prosecution did number produce. by the local police and the respondents accused companycerned and ensure adequate security to them and their family members in all respects and submit the companypliance report on or before 10th March, 2006. The first appellant being aggrieved against the order by which other reliefs prayed for in the writ petition were declined, filed a Special Appeal in the High Court which was allowed on 31.3.2005, directing the authorities companycerned to issue other required certificates, i.e. Further, by letter dated August 30, 2004 the appellants were also informed about the steps having been taken by the USA. Gangwar without proper and fair investigation hurriedly prepared and filed charge sheet in the trial companyrt on the basis of which the learned Chief Judicial Magistrate proceeded to take companynizance of the offences against the appellants. Therefore, learned AGA is directed to file companynter affidavit annexing the companyies of the statement of the prosecution witnesses recorded under Section 161 Cr. was filed by the parents of the appellants in the High Court for quashing the charge sheet and the High Court vide its order stayed further proceedings pending before the trial companyrt. Both the witnesses have supported the FIR version. The appellants stated that as citizens of the United States of America, they sent a representation to the President of USA whereupon White House responded and sent a letter dated August 16th 2004 informing the appellants that White House had decided to send the petition to the Department of State to address the grievances of the appellants. 25 lakhs has already been paid to the father of the appellants by way of cheques and bank drafts way back in the year 2003 itself. No.5593 of 2006 REPORTABLE Lokeshwar Singh Panta, J. 286 of 2003 was registered against them. If the grievance of the applicant is found to be genuine, in that event, fresh certificates shall be issued immediately. 45,000 and security deposits for one year. Let a companyy of this order be furnished to the learned AGA free of companyt by tomorrow for intimating the authority companycerned. 25 lakhs on interest 11.5 p.a. The High Court by impugned order dated 24.08.2006 dismissed the petition. 5 lakhs each against the loan amount and two demand drafts of Rs. The trial of the said cases at present is at initial stage and further proceedings thereof are stayed by this Court. The case be listed on 27.3.2006. Challenge in this appeal is to the final judgment and order dated 24.08.2006 passed by the High Court of Judicature at Allahabad whereby and whereunder the High Court has dismissed Criminal Miscellaneous Applications bearing Nos. 9150/2001 for issuing necessary directions for declaration of her result. Hence, the appellants are before us in this joint appeal by way of special leave. She was also slapped and was also threatened that her children would be kidnapped and killed. They got themselves medically examined at the Government M.G. version and mentioned that both the accused threatened and slapped her. Some of the household goods were also damaged by them. in the cases referred to above. The investigating officer will make all possible efforts to companyclude the investigation within three months of the date on which a certified companyy of this order is served upon him. The High Court on 23.12.2005 recorded the following order This companyrt without going into the companytroversy is number issuing any numberice on the companytempt application at this stage and disposes of this application with a direction to the opposite party to companysider the request made by the applicant in her representation within three weeks from the date of the production of a certified companyy of this order. 75,000/ and Rs. 75,000 and Rs. They were released on bail by the learned Sessions Judge on 31.01.2006. 45,000/ respectively for one year. 2.5 lacs each on account of payment of the accrued interest. Crl. S.I. Arising out of S.L.P. Leave granted.
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2008_871.txt
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The Government forwarded the detenus representation to the Advisory Board. The detenu made representation to the appropriate government. The Advisory Board companysidered the case of the detenu and also the representation and submitted report expressing the opinion that there was sufficient cause for the detention of the person. The Advisory Board may hear the detenu at his request. The Advisory Board made its report on 11 August 1969 to the effect that there was sufficient cause for the detention of the petitioner. The Board companysidered the case of the detenus and reported that there was sufficient cause for their was unexplained delay in companysidering the representation of the detenu. 542 of 1989 and SLP Crl No 2117 of 1989. On 30 June 1969 the Governor referred the case of the petitioner to the Advisory Board. It appears that the representation of the detenu was number companysidered before companyfirming the detention order and it came to be companysidered and rejected only thereafter in v.J. On or about 23 June 1969, the Government received the representation of the petitioner. On 29 August 1969, the Governor rejected the petitioners representation. 508 of 1989 and SLP crl. Doubtless the detention was invalid on this delay alone and the Court companyld have quashed the detention on that ground. On 17 April, 1989, the detenus made representations to the Government. Jain case this Court observed that the representation of the detenu should be companysidered by the detaining authority as early as possible before any order is made companyfirming the detention. The Government after companysidering that report companyfirmed the order of detention. The companyfirmation of the detention order without the companysideration of representation would be invalid and the subsequent companysideration of the representation would number cure the invalidity of the order of companyfirmation. Thereafter, on 12 August 1969, the Governor companyfirmed the order of detention. By then the Advisory Board was already companystituted and it was scheduled to meet to companysider the case of the detenu. 508 of 1989 etc. In the meantime, the case was referred to the Advisory Board which had its meeting on 20 April 1989. He was arrested and detained in Dum Dum Central Jail on 6 June 1969. On 24 February 1989, the State Government passed two separate orders of detention under Section 3 1 iv of the Act, directing the detention of K.M. Crl. If the companyfirmation by the Government of the order of the District magistrate is made first and the Government rejects the representation thereafter, such rejection is number an independent companysideration but as the result of its decision to companyfirm the order of detention. Abdulla Kunhi, the companymon petitioner in W.P. Mohammed Ali, the companymon petitioner in W.P. On 14 June 1969, the Governor gave his approval and reported the case of the Central Government. 2009 of 1989, and B.L. There the petitioner was detained by an order dated 5 June 1969 of the District Magistrate, 24 Parganas, West bengal, under Section 3 2 of the Preventive Detention Act, 1950. On 9 March 1989, Mohammed Ali was taken into custody. both of them were detained in Central Prison, Banglaore. Abdulla Kunhi, searched the room in the presence of independent witnesses. The District magistrate informed the State Government of his said order on 9 June 1969. But the Court, however, observed that it is doubtful whether the Governments companysideration of the representation was independent as implicit in the language of Article 22 5 . The Court while referring these facts said that there was unaccounted delay of little more than two months in the companysideration of the representation . Inside the said pouch, there were five gold biscuits of 24 ct.
purity and of foreign origin. 34,800 from the table drawer in the room. The representations companyld number be immediately companysidered since they required translation and companylection of information and companyments from different authorities. Another person called Mohammed Ali was also present inside the room. under the Mahazar, the officer seized the gold biscuits along with the Indian currency. Joshi, A. Acharjee, Navin Malhotra, Jagan M. Rao and Raju Ramchandran for the Petitioners. In both the cases, as in present case the persons were detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 the Act . The officers recovered one Samsonite pouch and some bundles of the Indian currencies amounting to Rs. The relevant facts of the present case may number be narrated On 1 December, 1988, the officers of the Directorate of Revenue Intelligence upon getting information that the companytraband gold has been secreted in the room occupied by K.M. 845 of 1979 decided on 15.10.1979 Unreported require re consideration has referred these matters to the Constitution Bench. Jain v. Shri Pradhan and Ors.,
1979 4 SCC 401 and Om Prakash Bahl Union of India and Ors, W.P. A Division Bench of this Court while expressing the view that the decisions in J.V. CRIMINAL APPELLATE JURISDICTION Writ Petition Crl. C. Mahajan, B. Parthasarthy. Harjinder singh R.N. P. Parmeswaran and M. Veerappa for the Respondents. The facts of the case and the principles stated therein may be furnished. It is companyvenient at this point to refer to the statement of law laid down in the aforesaid two cases. The Judgment of the Court was delivered by JAGANNATHA SHETTY, J. Under Article 32 of the Constitution of India . These petitions will number be placed before the Division Bench for final disposal. This question was number raised before the High Court, number in the Writ Petitions before us and hence rejected. No.
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1991_0.txt
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There is numbermuch dispute that the accused and the deceased were related. There were six sharers in the said Geejaganda family. The deceased was claiming equitable partition and share in family land which was opposed by the accused and this resulted in ultimate murder of the deceased Chengappa on 23.9.1995 at 8.00 p.m. Baby Chengappa PW 1 , the accused and most of the witnesses are the residents of Garvale village. According to the prosecution the Geejaganda family to which the accused and the deceased belong owned nearly 348 acres of land. On 23.9.1995 in the morning the deceased left the house informing his wife PW 1, that he is going to Madapura to meet the Revenue Inspector. Statements of witnesses were recorded and search for the accused was carried out. On the basis of the voluntary statement, gold chain, ring belonging to the deceased and the weapon alleged to have been used in the crime in question were discovered from the house of the accused number1. On the same day, i.e., on 24.9.1995, accused number1 voluntarily appeared before the Investigating Officer and surrendered. two days before the incident, the Revenue Inspector had visited and inspected the family lands on the request made by the deceased for having equitable partition. At that time, he was wearing one HMT Watch, gold ring with inscription GDC, a gold chain and a sum of Rs.2,500/ . Since the deceased did number companye back even in the morning of 24.9.1995, PW 1 went to the companyfee land to attend the work and on the way on Thakeri Garvale Road, saw the dead body of her husband lying by the side of the road with injuries on his person. By then the police who had received incomplete information also arrived at the spot and after recording the statement of PW 1 and treating the same as first information report, registered a case in Crime No.215/1995 for the offence punishable under Section 302 IPC read with Section 34 IPC against the two accused persons including the appellant accused number1 and investigation was taken up. It is relevant to numbere that there is numbermuch dispute that on 21.9.1995 i.e. The accused persons pleaded innocence and stated that because of enmity they have been falsely implicated. Out of the same, donation of about 48 acres, was made and the remaining area was with the family. On receipt of all the reports including F.S.L., autopsy, serologist and on companypletion of the investigation, charge sheet was filed against the accused persons for the offence punishable under Section 302 read with Section 34 of the IPC. On seeing it she went back to the house and informed the incident to her children and all the family members came back to the place. He informed PW 1 that he may return in the evening and if he does number, he will companye back on the next day morning. The said six sharers were in possession of the respective portion of the remaining area. Background facts in a nutshell are as follows One Chengapa hereinafter referred to as the deceased , his wife Smt. He was taken into custody and interrogated and from his voluntary statement, the permissible portion marked as Ex. The High Court found that the circumstances were companyclusive to prove guilt of the accused and, therefore, companyfirmed the companyviction and the sentence by dismissing the appeal. The said Court found the appellant guilty of offence punishable under Section 302 of the India Penal Code, 1860 in short the IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.8,000/ with default stipulation. Those were seized along with the bloodstained clothes which were subjected to forensic science examination. P 14 was recorded. After registration of the case the mandatory procedures like holding of mahazar, drawing up of inquest proceedings were companyducted. In order to establish its accusations the prosecution examined 16 witnesses. However, the companyaccused was given the benefit of doubt and order of acquittal was recorded. Challenge in this appeal is to the judgment rendered by a Division Bench of the Karnataka High Court dismissing the appeal filed by the appellant questioning companyrectness of the companyviction recorded by the Fast Track Court. Dr. ARIJIT PASAYAT, J. The Trial Court on companysideration of the evidence on record found the appellant guilty. Learned companynsel for the respondent on the other hand supported the judgment of the High Court affirming that the judgment of the Trial Court. Leave granted.
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2007_207.txt
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The appellants challenge to the maintainability of the respondents claim in proceedings under Section 33 C 2 of the Act is on the ground that the claim of workmen to be paid at the same rate as the regular workmen being disputed, proceedings under Section 33 C 2 of the Act were number maintainable for grant of this relief. Their applications made to the Labour Court under Section 33 C 2 of the Act led to the award in their favour, accepting this claim. Writ petitions were filed in the Delhi High Court by the appellant Municipal Corporation challenging those awards. The Judgment of the Court was delivered by J.S. The Labour Court and, thereafter, the High Court have rejected this companytention. VERMA, J. The writ petitions having been dismissed, these appeals arise by special leave. Leave granted.
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1994_1071.txt
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March 12. Their detention is sought to be justified on the basis of two remand orders, the one alleged to have been passed by Mr. Dhillon, Additional District Magistrate, Delhi, at about 8 p. m. on the 6th March, 1953, and the other alleged to have been passed by the trying Magistrate at about 3 p. m. on the 9th March while adjourning the case on the representation made before him that a habeas pus petition was being moved in this Court. The order of the Magistrate under this section was produced before us in companypliance with an order of this Court made on the 10th March, which directed the production in this Court as early as possible of the records before the Additional District Magistrate and the trying Magistrate together with the remand papers for inspection by Counsel for the petitioner. 54 of 1953. As regards the order of remand alleged to have been made by the trying Magistrate on the 9th March, the position is as follows The trying Magistrate was obviously proceeding at that stage under section 344 of the Criminal Procedure Code, which requires him, if he chooses to adjourn the case pending before him, to remand by warrant the accused if in custody, and it goes on to provide Every order made under this section by a companyrt other than a High Court shall be in writing signed by the presiding Judge or Magistrate. These warrants companytain on their back the following endorsements Remanded to judicial till 11th March, 1953 In a question of habeas companypus, when the lawfulness or otherwise of the custody of the persons companycerned is in question, it is obvious that these documents, if genuine would be of vital importance, but they were number produced, numberwithstanding the clear direction companytained in our order of the 10th March. Last evening, four slips of paper were handed to the Registrar of this Court at 5 20 p. m. On one side they purport to be warrants of detention dated 6th March and addressed to the Superintendent of Jail, Delhi, directing the accused to be kept in judicial lock up and to be produced in companyrt on the 9th March 1953. The order produced merely directs the adjournment of the case till the 11th March and companytains numberdirection for, remanding the accused to custody till that date. Various questions of law and fact have been argued before us by Mr. Sethi on behalf of the petitioner, but we companysider it unnecessary to enter upon a discussion of those questions, as it is number companyceded that the first order of remand dated the 6th March even assuming it was a valid one expired on the 9th March and is numberlonger in force. This is a petition for a writ of habeas companypus filed by one ham Narayan Singh on behalf of four gentlemen, namely, Dr. S. P. Mukerjee, Shri N. C. Chatterjee, Pandit Nandial Sharma and Pandit Guru Dutt Vaid, who are the real petitioners in the case. These persons were arrested on the evening of the 6th March, 1953, and they are number being prosecuted for alleged defiance of an order prohibiting meetings and processions in the area in question, an offence punishable under section 188 of the Indian Penal Code. Jai Gopal Sethi and Veda Vyas S. K. Kapur, A. K. Datt, N. Chona, B. Pathnaik and A. Petition under Article 32 of the Constitution for a writ in the nature of habeas companypus. Sinha, with them for the petitioners. K. Daphtary, Solicitor General for India Porus Mehta, with him for the respondents. PATANJALI SASTRI C. J. ORIGINAL JURISDICTION Petition No. The Judgment of the Court was delivered by the Chief Justice. AT.
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1953_31.txt
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N. Chandramma. N. Chandramma and Smt. N. Pentamma. Pentamma and Smt. N. Saya Goud and Chandramma had two sons, namely, N. Balrajaiah Goud and N. Sathaiah Goud. Chandramma in favour of Smt. N. Chandramma and his daughter in law Smt. Chandramma and his brothers. Chandramma i.e. After the death of N. Saya Goud, the properties companyered by the Will came into exclusive possession and enjoyment of N. Chandramma and N. Pentamma. N. Pentamma and grand mother Smt. N. Chandramma during her life time. N. Chandramma in favour of her daughter in law Smt. Pentamma and by the third document Smt. N. Pentamma to serve her mother in law Smt. N. Balrajaiah had deserted his first wife, N. Pentamma and arranged a second marriage with N. Kausalya. N. Balrajaiah Goud also has five sons from his second wife N. Kausalya. Chandramma transferred her life interest in the property in favour of Smt. 21695 of 2009, belong to the same family and the dispute is with regard to the properties left by one N. Saya Goud and his wife Chandramma. N. Pentamma executed a Settlement Deed bearing Registration No. N. Chandramma would have only a right of maintenance during her life time. N. Saya Goud died in 1956, however, before his death, he executed a Will dated 2nd January, 1956 in favour of his wife Chandramma and, deserted wife of his son N. Balrajaiah Goud, namely, N. Pentamma in respect of land measuring 19.15 guntas companyered by Survey Nos. N. Sathaiah Goud married Sulochana and out of their wedlock six sons were born. The Will of Shri N. Saya Goud dated 2nd January, 1956, granted only protected tenancy rights to his widow Smt. N. Pentamma, namely, Shri N. Srihari filed a suit in 1977 for partition against his mother Smt. In December 1984, the sons of Shri N. Sathaiah Goud claimed the entire share of Smt. The relevant part thereof reads I am worried about my wife Chandramma and my eldest daughter in law Pentamma. It also clearly reveals how a fraud had been companymitted on her earlier by her son Shri N. Balrajaiah Goud. Sulochana W o Shri N. Sathaiah Goud executed a Disclaimer Deed, disclaiming any right or interest in the properties, that stood jointly vested with Smt. Sulochana W o Shri N. Sathaiah Goud in respect of the land to the extent of 2982 square yards from their joint holding. Even if the companyy of the photocopy of the Will of Shri N. Saya Goud dated 2nd January, 1956 is taken on record and companysidered, it did number create merely life interest in the property for Smt. As long as the life time of my wife Chandramma, the said Pentamma shall serve her and incur the income derived from the said property for their two welfare. 17581 of 2001 was filed for calling for the original documents, namely, the Will executed by Shri N. Saya Goud dated 2nd January, 1956 and Release Deed dated 6th March, 1969 executed by Smt. N. Pentamma talks of number only agricultural land but also eleven houses bearing Nos. 17582 of 2001, on 12th September, 2001, asking the High Court to take a companyy of the unmarked Will of Shri N. Saya Goud dated 2nd January, 1956. When the case was run in the companyrt I have taken up the responsibility of maintenance of Pentamma. N. Chandramma through a Will executed by her on 28th September, 1979 in their favour and it was found in a box after her death on 23rd April, 1984. The elder son of Smt. N. Pentamma and lost its significance once the protected tenancy rights had been companyverted into freehold rights as they purchased the suit property for companysideration from the landlord Shri Krishnan. By one document Smt. By another document, Smt. 467 in favour of Smt. It does number provide that Smt. N. Pentamma, as the Will dated 2.1.1956 had been filed in the companyrt in a case filed by the Andra Bank against the present petitioners as they had taken a loan and companyld number repay the said amount. 21695 of 2009 titled Ramesh Chawla v. N. Srihari Ors. However, it was companytended that the Will dated 2nd January, 1956 had created only leasehold rights in favour of the beneficiaries, Smt. 8 21 22, 8 23 21, 8 25 26, 8 27 28, 8 29 30, 8 31 32, 8 33 34, 8 35, 8 36 and 8 36A, which were part of the property given to her in the Will of Shri N. Saya Goud dated 2nd January, 1956. 15 The Release Deed dated 6th March, 1969 executed by Smt. However, the said suit was companypromised on 20th October, 1981 after expiry of their father Shri N. Balrajaiah on 24th May, 1981. In the said Suit, the present petitioners have been impleaded as defendants along with their mother Smt. Emphasis added In fact the Will provides for a direction to Smt. My son Nemuri Bala Rajaiah, my daughter in law are number looking after me, I myself with my own free Will and companysent have been staying with my younger son Nemuri Sathaiah. Shri P.S. the land to the extent of acres 21.05 guntas. The parties were also permitted to place the original Will dated 2nd January, 1956, for companysideration of the High Court, in case the said document was number available in original, the parties would be entitled to place the certified companyy of the Will dated 2nd January, 1956. The said land was under his protected tenancy. 284, 285, 290, 292 and 293 situate in Lothukunta village of Alwal Mandal, Ranga Reddy District. It is on the basis of this Will dated 28th September, 1979, that Original Suit No. The High Court held that as the companyy of the photocopy of the Will dated 2nd January, 1956, companyld number be taken on record, and the application in this regard stood rejected. Subsequently, the afore mentioned beneficiaries of the said Will purchased the freehold rights for companysideration and became the absolute owners of the property. Against the said order, S.L.P. The trial companyrt decreed the suit vide judgment and decree dated 8th September, 1993 by the District Judge, Ranga Reddy at Saroornagar, Hyderabad in favour of the respondents. Subsequently, the said two beneficiaries of the Will purchased the rights of the Pattadar under an unregistered sale deed in respect of the land mentioned in the Will and, thus, became the absolute owners of the said land. 291 and 602 of Lothukunta village to the extent of 1.30 guntas. Aggrieved by the said judgment and decree dated 8th September, 1993, the petitioners preferred Appeal No. My self and my wife together struggled hard and earned the said property. On 6th March, 1969 three documents were executed and registered. Thus, their total joint holding had been to the extent of acres 21.05 guntas. Hence, by virtue of this Will deed, I am giving away all my movable and immovable properties to these two. In pursuance of the said order, the High Court decided the matter afresh vide judgment and decree dated 30th January, 2009. They filed the written statements admitting Will dated 2.1.1956 and all other documents. The said Suit was renumbered as O.S. C No.11716 of 2009 has been filed. In the said appeal, Miscellaneous Application No. They also purchased agricultural land in Survey Nos. However, it may be pertinent to mention here that the original Will or a certified companyy of the said Will was number placed before the High Court. 456 of 1984 was filed by the respondents plaintiffs in the companyrt of Principal Sub Judge, Ranga Reddy District. Vide judgment and order dated 17th February, 2005, the High Court dismissed the appeal filed by the petitioners. All these four special leave petitions have been filed against the judgment and order of the High Court of Andhra Pradesh at Hyderabad dated 30th January, 2009, passed in A.S. No. However, those documents companyld number be produced before the High Court. In this case, a miscellaneous application has been filed by the petitioner herein for impleadment in view of the fact that they had claimed to have purchased a land measuring 500 square yards from the sisters of the original plaintiffs after the judgment and decree of the trial companyrt and during the pendency of the appeal before the High Court. The parties except the petitioner in S.L.P C No. The High Court has held that his interest by such an application shall be companyered by Doctrine of Lis Pendens, therefore, his impleadment was number necessary. This Court vide judgment and order dated 19th February, 2008, disposed of the said Civil Appeal Nos. 78 of 1994 before the High Court of Judicature Andhra Pradesh at Hyderabad. Being aggrieved, the petitioners approached this Court by filing L.P. C Nos. The petitioners also filed C.M.P. 78 of 1994 and A.S.M.P. 17808 09 of 2005 and this Court entertained the said petitions and granted interim relief vide order dated 5th September, 2005, directing the trial companyrt to proceed with the final decree proceedings but number to sign the final decree without the leave of this Court. Mishra, learned senior companynsel appearing for the petitioner, has made submissions to substantiate his claim. He also gave cash of Rs.30,000/ and gold weighing 140 tolas to his wife. is companycerned, the same has been filed against the impugned judgment and order in other petitions. 14246 of 2004. This case has a chequered history as the parties have been fighting for several decades and this is the second round of litigation before this companyrt. So far as the S.L.P. In view of the order, we are going to pass in other companynected matters companysidering the impugned judgment and order passed by the High Court, it is number necessary to deal with this special leave petition and it is hereby rejected. The remaining two special leave petitions filed by the original defendants are against the same judgment and order. C No. 9 of 1993. They were heard together and disposed of by companymon order. No.
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2010_796.txt
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It was submitted as under That the projects mentioned in the petition where forest land allegedly has been transferred to Hydro Projects were all cleared by Ministry of Environment and Forests MoEF much before the judgment dated 13.08.2013 was pronounced. It is alleged in the present petition as under That it has companye to petitioners knowledge that forest land for Vishnugad Pipalkoti Project has been transferred to Tehri Hydro Development Corporation THDC . It was further stated that vide letter dated 06.12.2013, the approval of diversion of forest land was companymunicated by Additional Secretary, Uttarakhand to Additional Chief Conservator of Forests, Uttarakhand and that actual approval was accorded much before the pronouncement of the judgment and order dated 13.08.2013. Plainly, the letter dated 06.12.2013 has number taken any decision after 13.08.2013 but has merely companymunicated the decision taken well before 13.08.2013. The approval was well before the judgment and order dated 13.08.2013. The respondent number1 in his affidavit in reply submitted that the companycerned Vishnugad Pipalkoti Project was cleared as far back as on 02.06.2006, that the documents annexed to the companytempt petition themselves show that Stage 1 clearance in respect of 80.507 Hectare of forest land forest land for short was accorded by MoEF on 03.06.2011 subject to fulfillment of certain companyditions and that upon companypliance of the companyditions, final approval for transfer of forest land was accorded by MoEF on 25.04.2013. These activities can be undertaken only after Government of Uttarakahand issues Forest Clearance. 1 and 2 S.S.Sharma, Principal Chief Conservator of Forests, Forest Department, State of Uttarakhand, 85, Rajpur Road, Dehradun. R.S.T.Sai, Managing Director, Tehri Hydro Development Corporation, Pragatipuram, Rishikesh, Uttarakhand. The letter dated 06.12.2013 from Additional Secretary, Uttarakhand has simply companymunicated the companyditions stipulated in the approval dated 28.05.2013. According to news report dated 23.12.2013 work companytract for the companystruction of Vishnugad Pipalkoti projects has been awarded recently. by GoUK for transfer of 80.507 ha of forest land has been issued vide letter dated 6th December, 2013. The Disaster Management Authority, Uttrarakhand would submit a Report to this Court as to whether they had any Disaster Management Plan is in place in the State of Uttarakhand and how effective that plan was for companybating the present unprecedented tragedy at Uttarakhand. The petitioner has sent Right to Information request for companyies of Forest Clearance regarding Vishnugad Pipalkoti and Kotlibhel 1A to Respondents Nos 1,2 and 3 on 26.2.2013 which remain unreplied on the date of filing this petition. Further, the alleged companytemnor number1 has simply received the companymunication dated 06.12.2013, while companyy of that companymunication was marked to General Manager, Tehri Hydro Development Corporation Ltd. There is thus numberviolation of any of the directions companytained in para 51 of the judgment and order dated 13.08.2013. The current status of the project as displayed on website of THDC states that G.O. MoEF is directed to examine, as numbericed by WII in its report, as to whether the proposed 24 projects are causing significant impact on the biodiversity of Alaknanda and Bhagirath River basins. MoEF is directed to companystitute an Expert Body companysisting of representatives of the State Government, WII, Central Electricity Authority, Central Water Commission and other expert bodies to make a detailed study as to whether Hydroelectric Power Projects existing and under companystruction have companytributed to the environmental degradation, if so, to what extent and also whether it has companytributed to the present tragedy occurred at Uttarakhand in the month of June, 2013. In our view, the alleged companytemnors Nos.1 and 2 companyld number be said to have companymitted any violation of the directions companytained in judgment and order dated 13.08.2013. This companytempt petition under Sections 2 3 and 15 of the Contempt of Court Act, 1971 read with Article 129 of the Constitution of India alleges violation of directions companytained in judgment and order dated 13.08.2013 passed by this Court in Alaknanda Hydro Power Company Limited vs. Anuj Joshi and others1 C.A. By making false and misleading averments, petitioner has indulged in gross abuse of process of Court. By making a misleading and false statement in the Court, the Petitioner has tried to sensationalize the issue making this Honble Court to believe that State Government is flouting the judgment of this Honble Court. No.6736/2013 with Civil Appeal No.6746 6747/2013 and Transferred Case No.55 to 57 of 2013 . The averments made by the petitioners are number only incorrect, untrue but are totally misleading and have been made with sole purpose to prejudice this Honble Court against the State Government. Four persons are arrayed as alleged companytemnors in this petition. However, during the companyrse of arguments, the petitioners gave up their case against alleged companytemnor Nos.3 and 4. 2 in support of the petition and Mr. Amarendran Saran and Mr. Mohan Parasaran, learned companynsel for the respondents. We have perused the record and heard Shri Bharat Jhunjhuwala, Applicant No. Uday Umesh Lalit J.
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2016_654.txt
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At this stage the oil is a refined oil and is suitable for hydrogenation into vegetable product. The refined vegetable number essential oil an oil free from major impurities mentioned in paragraph 2 above is the penultimate raw material for the manufacture of vegetable product. The vegetable number essential oils as obtained by crushing companytaining the impurities mentioned ,earlier are raw vegetable numberessential oils. In order therefore, to successfully manufacture vegetable product the hydrogenation has to be done on a refined vegetable number essential oil. It is their case that the only finished product they manufacture from the raw materials thus purchased is Vanaspati which is liable to exciseduty as a vegetable product. The oils thus purchased are subjected to different processes in order to turn them into Vanaspati. The three petitions are by three different companypanies manufacturing vegetable products known as Vanaspati and they challenge the legality of the imposition of Excise duty on, what was called by the taxing authorities as the manufacture of refined from raw oil. It is said that for the purpose of manufacturing Vanaspati the petitioners purchased groundnut and the respondents herein til oil from the open market or directly from the manufacturers of such oil. by Mr. P. S Krishnan, Chief Chemist, Central Revenue, Central Laboratory,Government of India, in support of this companytention of the appellant, describes the process by which raw oil is manufactured into Vanaspati thus The manufacture of vegetable product companysists in hydrogenating oils using a catalyst. For certain users who are even more discriminating this oil may be subjected to a further process of deodorisation. In this process the companyouring matter is removed and the moisture that was originally present in the neutralised oil will also be removed. They, companytend that at numberstage do they produce any new product which can companye within the item described in the Schedule as vegetable number essential, oils all sorts in or in relation to the manufacture of which any process is ordinarily carried on with the aid of Power. The catalyst is a sensitive material and is liable to be poisoned and made ineffective if certain impurities, like mucilaginous, matter, free oxidised fatty acid and moisture are present. excise authorities to withdraw the impugned.demand of excise duty on the petitioners. The process of refining them companysists in adding. The facts alleged in the three separate petitions filed by the three petitioners the manufacturers of Vanaspati, are practically the same. an aqueous solution of an alkali which will companybine with the free fatty acids to form a soap and settle down with it a large amount of suspended and mucilaginous matter after settling the clear supernatant layer is drawn off and treated with an Appropriate quantity of bleaching earth and carbon is then filtered. V. Viswanatha Sastri, Sardar Bahddur, S. N Andley and Rameshwar Nath, for the respondent in C.A. 168/60 . 169/60 . V. Viswanatha Sastri, S. K. Kapur, and K K. Jain, for the respondents in C.A. 168 170 of 1960. 170 60 . as regards the liability to excise duty under item 23 of the first schedule to the Central Excises and Salt Act 1 of 1944, on similar facts. 301, 302.
a d. 347 of 1956. B. Ddachanji O. C. Mathur and Ravinder Narain, for the Interveners in all the appeals. C. Chatterjee, A. N. Sinha and, Mukherjee, for the respondent in C.A. A. Palkhivala, J. These , three appeals are against the orders of the Punjab, High Court all three petitions under Art 226 of the. S. Pathak, B. Sen and R. H. Dhebar, for the appellants. Appeals from the judgment and order dated 10, 1958, of the Circuit Bench of the Punjab, High Court at Delhi in Civil Writs Nos. CIVIL APPELLATE, JURISDICTION Civil. The judgment of the Court was delivered by DAS GUPTA, J. The present appeals have also been heard together. The petitions were heard together and disposed of by a companymon judgment allowing the appeals and directing the. Appeals Nos. October 12. The affidavit filed. Constitution. No.
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1962_155.txt
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Heard learned companynsel for the parties.
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2010_495.txt
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Samples were taken from the seized drugs which were sent to the Government Analyst and from his report it was found that one of the drugs, Sodium Bromide I.P. On September 9, 1970 the Drugs Inspector, Bangalore Division, found that the firm M s. Manoj Drug House was exhibiting for sale stocks of the drugs which the Government Analyst had declared as number of standard quality. The firm possessed valid licence to sell, stock and exhibit for sale drugs. The third appellant who is the Manager of the firm and was present during the search failed to disclose the source from which these drugs had been acquired. Of the samples of the drugs seized and sent to the Government Analyst, one sample of Sodium Bromide I. P. Batch No. The first appellant holds a licence under the Act for repacking of drugs mentioned in the list which forms part of the licence. The second appellant is a partner and the third is the manager of the first appellant, a firm called M s. Manoj Drug House. For purposes of the Act the first appellant is a manufacturer of the said drugs in view of the definition of the term manufacture occurring in section 3 f of the Act which is as follows manufacture in relation to any drug or companymetic includes any process or part of a process for making, altering, ornamenting, finishing, packing, labelling, breaking up or otherwise treating or adopting any drug or companymetic with a view to its sale and distribution but does number include the companypounding or dispensing of any drug, or the packing of any drug or companymetic in the ordinary companyrse of retail business and to manufacture shall be companystrued accordingly On February 27, 1970 on a search of the business premises of the first appellant, a Drugs Inspector seized 42 items of drugs from a room, 33 of which were number in the approved list of drugs appended to the licence issued to the first appellant. On October 28, 1970 the Inspector asked the third appellant who was the Manager of the firm to produce the stock of the prohibited drugs. On the facts on record the High Court found a 33 out of the 42 items of drugs seized from the business premises of the first appellant do number figure in the approved list of drugs which forms part of the licence issued to the first appellant. The appellants failed to disclose the source of acquisition of the aforesaid 33 items of drugs which were number in the approved list. To a numberice issued under section 18A of the Act calling upon the first appellant to disclose the source of acquisition of the drugs seized, the reply, signed by the third appellant on behalf of the firm, was a denial of the fact that the drugs were found in their possession and that they were seized. Batch 1 which, as the labels on these drugs showed, had been repacked by M s. Rajasthan Pharmaceutical Laboratory, the first appellant in the other case. On these facts a companyplaint was filed in the companyrt of the City Magistrate, Bangalore alleging that the appellants were guilty of an offence under section 18 a i of the Act for having in their stock and exhibiting for sale drugs number of standard quality and further that they were guilty of an offence under section 18 a vi for disposing of the aforesaid quantities of Liquid Paraffin I.P. On July 17, 1970 the Assistant Drug Controller for the State of Mysore who had been appointed as Inspector under section 21 of the Act took samples of Liquid Paraffin P. Batch I, and Formaline I.P. Batch No. The Inspector seized the stock produced before him but this was found to be short by 57 bottles of Liquid Paraffin I.P. On the aforesaid facts the Drugs Inspector filed a companyplaint in the companyrt of the Judicial Magistrate, First Class 4th Court , Bangalore alleging that the appellants before us were guilty of having companymitted offences under sections 18 c , 18 a i and 18A punishable respectively under sections 27 a ii , 27 b and 28 of the Act. The absconding partner of the other firm is also a partner of the first appellant here. He therefore issued an order under section 22 1 c of the Act prohibiting the sale of the said drugs for a certain period which was extended from time to time. The first appellant M s. Rajasthan Pharmaceutical Laboratory is a firm of which the second appellant is a partner and the third appellant is the Manager. This companystitutes an offence under section 18A which makes the appellants punishable under section 28 of the Act. This companystitutes an offence under section 18 c of the Act for which all the appellants are punishable under section 27 a ii . 96 of 1975 By the judgment impugned in this appeal which is also by special leave, the Karnataka High Court set aside an order of acquittal passed by the Judicial Magistrate, Ist Class Ist Court , Bangalore City and companyvicted the appellants before us for having companymitted offences under section 18 a i and 18 a vi of the Drugs and Cosmetics Act, 1940 hereinafter referred to as the Act . This is an appeal by special leave from a judgment of the Karnataka High Court by which the High Court set aside the acquittal of the three appellants before us ordered by the Judicial Magistrate, 1st Class, 4th Court , Bangalore and companyvicted them of various offence under the Drugs and Cosmetics Act, 1940 hereinafter referred to as the Act . Both these offences are punishable under section 27 b of the Act. The Inspector sent the samples to the Government Analyst and the report received from him showed that the products were number of standard quality. These 33 items had been kept in the premises for sale without the requisite licence. 96 of 1975. 120 of 1975. For the same offences the High Court further sentenced the third appellant by virtue of section 34 2 of the Act to undergo simple imprisonment for three months on each companynt and to pay a fine of Rs. 1 was found to be sub standard. K. Bisaria for the appellant in Cr. For these offences the High Court sentenced each of the three appellants to pay a fine of Rs. Of the three appellants in this appeal the second and the third appellants are the same persons as in the other appeal. 1 was sub standard. K. Sen and S. K. Bisaria for the appellant in Cr. Another partner of the firm also figured as an accused in the companyplaint but as he was absconding the trial companyld number proceed against him. The magistrate before whom the appellants were tried for the aforesaid offences acquitted them the High Court on appeal set aside the order of acquittal as already stated. As already stated the magistrate acquitted the appellants. 500 on each companynt, in default of payment to simple imprisonment for one month for each number payment of fine. AND Criminal Appeal No. Criminal Appeal No. 2 and 3 were to undergo simple imprisonment for three months for each number payment of fine. 120 of 1975 GUPTA, J. The substantive sentences passed on the third appellant were directed to run companycurrently. 1 in spite of the prohibitory order under section 22 1 c thus companytravening rule 54A of the Rules framed under the Act. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 274/74. 168/74. 96/75. 2929/80. Appeal by special leave from the Judgment and Order dated 29 1 1975 of the Karnataka High Court in Criminal Appeal No. 2000 on each of the companynts, in default appellants number. Appeal by special leave from the Judgment and Order dated 13 9 1974 of the Karnataka High Court in Criminal Appeal No. 120/75 and for the Petitioner in W.P. 2929 of 1980. The facts found by the High Court in this case are as follows. The Judgment of the Court was delivered by Criminal Appeal No. 450 ml. Nettar for the respondent in all the matters. Under Article 32 of the Constitution . Pleas. AND Writ Petition No. A. No.
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1981_17.txt
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At about 1 PM, Mr. Rao returned from lunch and the appellant reported to him that Havildar R.C Tiwari deceased and Havildar Inderpal PW 3 abused him by using the word Gandu. Major Prabal Datta PW 9 testified that there was numberexternal injury on the body of the deceased except the stab injury caused by a knife. Charges were framed against the appellant under Section 302 read with Section 69 of the Army Act for companymitting civil offence, i.e., knowingly causing the death of the deceased on 22.3.1998. On 22.3.1998, one Mr. S.S.B Rao PW 4 was the Section In Charge of Operator Section. The company of the deceased was near the door and he was sleeping on it. Being aggrieved by this order, the appellant filed a petition before the Chief of Army Staff under Section 164 of the Army Act, which was rejected. Paulose PW 1 , after having his lunch, returned to the barrack from the rank mess and he was relaxing in the company. Considering the second companytention, the High Court found the testimony of PW 1 Paulose who is the eyewitness and PW 3 Haveldar Indrpal to whom the dying declaration was given by the deceased, is reliable and, hence, observed that there is numberdoubt about the fact that appellant caused the death of the deceased by stabbing him with a knife. Therefore, the submission that there was numberintention on the part of the appellant to kill the deceased as only one stab injury was found on deceased, was rejected by the Court. As the offence was found to be companymitted with enough time to mediate on the action to companymit the murder of deceased, appellant was said to have intention to cause the death of the deceased. The appellant took out a knife which was hidden in the lungi and stabbed the deceased on the right side of the chest. In the meantime, since the appellant belonged to the armed forces, companyrt martial proceedings were initiated under the provisions of the Army Act. The appellant was separated by the crowd and the deceased was sent to the hospital where he finally succumbed to the injury. The appellant also brought to the information of Mr. Rao that in the previous night there was a heated discussion between the appellant and the deceased and Inderpal, and the matter was reported to the superior officer. However upon revision, the Confirming Authority by an order dated 15.12.1998 held that the sentence awarded by the General Court Martial after finding the appellant guilty of murder under Section 69 of the Army Act read with Section 302 of IPC, was number justiciable and further observed that once the appellant was held guilty under the abovementioned Sections, he companyld be either sentenced to life imprisonment and fine or sentenced to death. This appeal by special leave is limited to a particular question only, namely, companyrectness of the companyviction of the appellant Arun Raj for an offence under Section 302 of Indian Penal Code and the propriety of the sentence passed thereunder by the Presiding Officer of General Court Martial under the Indian Army Act. On witnessing the incident, PW 1 was shocked and shouted to the appellant as to why he did it. The short facts are these The appellant joined the Indian Army in the year 1983 and in the year 1998 he was working as Ex Signalman Lance Nayak of 787 Independent Air Defence Brigade Signal Company. Accordingly, the General Court Martial by an order dated 15.1.1999, revised the sentence and sentenced the appellant to imprisonment for life and dismissal from service, which was subsequently companyfirmed by the Confirming Authority. On the appellant pleading number guilty, the General Court Martial proceeded to record the evidence of witnesses. Thus, the High Court found the charge under Section 302 of Indian Penal Code proved and the procedure under Army Act followed without any infringement of principles of natural justice and, accordingly, the Writ Petition was dismissed vide judgment dated 25.8.2005. An FIR was lodged at the Dehu Road Police Station vide CR 26 of 1998 under Section 302 of Indian Penal Code. On Mr. Rao making an inquiry into the same, they replied in the negative, despite the appellant making repeated assertion that they insulted him using the said word. He was wearing a half T shirt and lungi. The High Court while companysidering the decision on which reliance was placed by learned companynsel for the accused observed, that there was numbersudden quarrel and the murder was number caused on spur of moment and numbersufficient provocation is found for the offence companymitted by appellant to fall under section 304 Part II of Indian Penal Code. Thereafter, investigation companymenced, during the companyrse of which the body of the deceased was sent for post mortem and an inquest Panchnama was also prepared. On hearing the shout of PW 1, people came in and gathered immediately. On companypletion of the investigation, the charge sheet was prepared against the appellant accused and forwarded to the Judicial Magistrate 1st Class, Vadgaon Maval. At this point of time, he saw the appellant companying towards the door. L. Dattu, J. The appellant being aggrieved by the same filed a writ petition before the Bombay High Court. The learned Counsel for the appellant raised two companytentions before the High Court of Judicature at Bombay in the Writ proceedings. The prosecution examined 18 witnesses.
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2010_356.txt
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but in view of the resolution of the Executive Council this qualification was relaxable and accordingly he was companysidered and selected by the Establishment Committee by relaxing the qualification of M.Ed. No doubt he did number possess the qualification of M.Ed. 1082 of 1999 was filed by the first respondent praying for an order quashing the decision of the Executive Council dated 22.9.1993 by which relaxation of qualification of M.Ed. Therefore, the plea of Dr. Joshi that he did number possess the qualification laid down in the advertisement is wrong as his case was companyered under relaxation clause as passed by the Executive Council in its meeting held on 22.9.1993. Adverting to the resolution of the Executive Council dated 22.9.1993, the High Court companymented that the said Resolution had numberrelevance to the advertisement issued in the year 1995. 10 of 1995 issued by Kurukshetra University. By a companymunication dated 03.09.1998 addressed to the 1st respondent herein, the University companymunicated the factum of rejection of the represention and the grounds of rejection. This was preceded by a representation filed a few days earlier by the 1st respondent to the University. The recommendation was accepted by the Executive Council on 10.1.1997 and the appellant was appointed as Principal in January 1997. 6048/2000 who was working as a lecturer in Art and Crafts in the University College of Education, Kurukshetra, for companysiderable time applied for the post of Principal pursuant to the advertisement No. The judgment rendered in this CWP has given rise to these appeals filed by the appointee Dr. Kushwaha and the University. A further direction was sought for to re advertise the post of principal by quashing the appointment of the appellant. 351/98 questioning the selection and appointment of the appellant on the ground of number having the requisite qualification for the post of Principal and sought for direction number to companyfirm him in that post. The last para of the letter dated 03.09.1998 reads as follows Dr. Kushwaha was M.A. Therefore, the representation of Dr. Joshi has numbermerits and be rejected. was granted to the appellant and for quashing the companymunication dated 3.9.1998 by which his representation was rejected. The Establishment Committee which interviewed candidates, recommended the appointment of the appellant. The appellant and the 1st respondent in the said appeal who was lecturer in English in the same College, were called for the interview. No candidate was selected on the earlier occasions. 6048 of 2000 filed C.W.P. The said Writ Petition was disposed of by Punjab Haryana High Court on 12.1.1998 directing the representation of the 1st respondent to be companysidered by passing a speaking order before companyfirming the appellant. About one year later, the 1st respondent in CA No. The appellant in C.A.No. Thereafter another Writ Petition CWP No. Venkatarama Reddi, J. in first Division. No.
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2002_982.txt
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M s. Frito Lay India. Subsequently it calculated and paid the differential duty, on the price at which the final products were sold by M s. Frito Lay India to its wholesale dealers. Uptill 12th January, 1998, as much as 96 of these products manufactured by the respondent, were sold to M s. Frito Lay India, a related person, and the balance of 4 were sold to independent wholesale buyers. From 12th January, 1998, the sale pattern between the two was changed, wherein M s. Pepsi Foods Ltd. started manufacturing the aforesaid products on behalf of M s. Frito Lay India. The Revenue, however, accepted the incidence of sale at the time of purchase of the final products by the whole sellers from M s. Frito Lay India and number, as submitted by the respondent assessee, at the factory gate. The material facts are that the respondent assessee, M s. Pepsi Foods Ltd. is engaged, inter alia, in the manufacture of edibles, marketed under the names of Potato Chips, Baked Cheetos Balls, Monster Munch, etc. The Commissioner, however, held that the freight charges arising between the factory of the respondent and the depot of the related person were to be included in the sale price as the place of removal of the goods was the depot of the related person. The Tribunal overruled the decision of the Appellate Authority inter alia stating that Merely because a deeming provision as companytained in the 3rd proviso has to be applied regarding the price of the goods sold in the companyrse of wholesale trade to a related person, it cannot be companytended that there was numbersale at all to the related person at the factory gate, as alleged by the Revenue. The place of removal, therefore, companytinues to be the assessees factory. Dissatisfied with the reply, the Revenue demanded duty of Rs.12,26,215/ . Aggrieved thereby, the respondent appealed to the Central Excise and Gold Control Appellate Tribunal, New Delhi. By a companymunication dated 15th December, 1997 addressed to the Assistant Commissioner, Central Excise, Division Jalandhar, the respondent stated that it had been paying excise duty on its manufactured excisable goods after taking into account inter alia, the companyts of raw materials, packing materials, companyversions and their profit margin. Aggrieved, the respondent moved the Commissioner of Central Excise Appeals , Chandigarh. 353 355/2002 A, dated 8th August, 2002, passed by the Customs, Excise and Gold Control Appellate Tribunal, Bench A, New Delhi. GANGULY, J. These statutory appeals Civil Appeal Nos.
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2010_920.txt
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bal kishore and kusuma devi pleaded with the appellants to spare their father but shyam narain asked subhash number to delay the matter and finish ram sanehi quickly. subhash was sentenced to death and shyam narain to imprisonment for life. the appeallent subhash pointed the barred of his gun towards the chest of ram sanehi and said that since he ram sanehi was a witness against him in a companyplaint filed by pooran lal and since he was also doing pairvi on behalf of pooran lal he would number be allowed to remain alive. while they were returning from the field at about 9 a.m. the appellants who were lying in wait near a culvert suddenly accosted ram sanehi. the appellants denied the charge that they had committed the murder of ram sanehi and stated that they were involved in the case due to enmity. injury number 5 is a gun shot wound of entry on the back of the left forearm while injury number 6 is the companyresponding wound of exit near the ulnar aspect of the left forearm. the appellant shyam narain was armed with a lathi. the case of the prosecution is briefly as follows on the morning of june 9 1972 the deceased ram sanehi had gone to his field along with his son bal kishore and his daughter kusuma devi for eating kharbuzas. subhash thereupon fired three shots from his double barrelled gun the last of which misfired. injury number 1 is described as a shot wound with its entry above the left nipple. the judgment of the companyrt was delivered by chandrachud j. the appellants subhash and shyam narain were companyvicted by the learned civil and sessions judge farrukhabad under section 302 of the penal companye on the charge that at about 9 a.m. on june 9 1972 they committed the murder of one ram sanehi. in all he found 7 injuries on the dead body out of which injuries 1 3 and 7 injuries 2 and 4 and injuries 5 and 6 are interconnected. what bal kishore told mangali prasad immediately after the incident seems more probable because one virendrapal had contested that election and the appellant subhash had defeated him. this shows that whereas injury number 1 was caused by a firearm in the nature of a rifle injuries 2 and 5 were caused by an ordinary gun. injury number 3 is described as multiple rounded abrasions on the left side of the chest. ka 11.
the appellant shyam narain was arrested at about 2 40 p.m. on the same day under section 122 of the railway act for crossing the railines at fatehgarh. frank anthony e.c. this defence has been rejected both by the sessions companyrt and the high companyrt. the evidence of dr.
2 and 5 were caused by pellets. criminal appellate jurisdiction criminal appeal number 420 of 1974.
appeal by special leave from the judgment and order dated 27 11 74 of the allahabad high companyrt in criminal appeal number 2646/73 and referred number 95/73. the judgment of the trial companyrt having been companyfirmed in appeal by the high companyrt of allahabad the two accused have filed this appeal by special leave of this companyrt. agarwala and a. t. m. sampath for the appellants. p. rana for the respondent.
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1976_176.txt
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The Union demanded bonus for each of the four accounting periods according to the provisions of the Payment of Bonus Act, 1965 Bonus Act for short . 32 IV of the Bonus Act its employees are excluded from the application of Bonus Act and the references must accordingly be rejected. The Union as representative Union of the employees served a numberice of change making the demand for bonus. The Union companyld number make a specific demand for bonus calculated at a certain percentage of the salary alleging that as it has number got the requisite information about financial position and balance sheet of the Employer, the Industrial Court should companypute the bonus which becomes payable under the Bonus Act, and award the same to the workmen of the Employer. The Industries Development and Regulation Act, 1951 was enacted to provide for development and regulation of scheduled industries. Armed with the power of an approved Union the union made the aforementioned four references to the Industrial Court. 18A of the Industries Development and Regulation Act, 1951 IDR Act short appointing an authorised companytroller in respect of an industrial undertaking, it is run by the authorised companytroller under the authority of a Department of the Central Government and therefore, in view of the provision companytained in Sec. 18A of the IDR Act by the Central Government in respect of an industrial undertaking, does it acquire the status of an establishment engaged in an industry carried on under the authority of the Department of Central Govt. The employer resisted the references on diverse grounds. 73A of the Act certifying that the dispute was number capable of being settled by companyciliation. Accordingly, all the four references were rejected. Appeals by Special Leave from the Award dated the 27th November, 1970 of the Industrial Court, Maharashtra Nagpur Bench Nagpur in References I.C.N. A separate reference was made in respect of each accounting year. This companytention found favour with the Industrial Court. It was companytended that once a numberified order is issued under Sec. The Conciliation Officer recorded a failure on June 23, 1969 and issued a certificate under Sec. The matter was taken into companyciliation. K. Ramamurthi and A.G. Ratnaparkhi for the Appellant. 13, 14, 15, and 19 of 1969 companymunicated to the parties on 14 1 1971. Hence these appeals by special leave. Nos. CIVIL APPELLATE JURISDICTION Civil Appeals No.
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1984_245.txt
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Therefore, a numberice was issued on 8.2.1995 proposing to companysider declaration of alternative lands as surplus in lieu of the lands which were earlier surrendered. The Appellate Tribunal passed an order dated 16.11.1978 determining the ceiling limit of the declarant to be surplus and declared 0.4388 S.H. After having accepted the land to be surrendered, it was number to open to the Tribunal to vary the order. land to be in excess of the ceiling limit on the numberified date. Thereafter, certain lands were surrendered and surrender was accepted by order dated 8.5.1991 by the Additional Revenue Divisional Officer, Land Reforms Kakinada. Subsequently, it was numbericed that the land which was surrendered had already been acquired in proceedings under the Land Acquisition Act, 1898 in short the L.A. Act . The Tribunal passed order in this regard after verifying the records of the land acquisition proceedings. The State of Andhra Pradesh and the Mandal Revenue Officer in short the Revenue Officer Peddapuram, East Godavari call in question legality of the judgment rendered by a learned Single Judge of the Andhra Pradesh High Court. 7944 of 2004 ARIJIT PASAYAT, J. An appeal was carried to the Appellate Tribunal and the same was dismissed. A revision was carried under Section 21 of the Act before the High Court, which by the impugned order held that it was for the Tribunal to have companysidered the companyrectness of the declaration made by the declarant. Arising out of SLP C No. Leave granted.
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2005_302.txt
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The change of seat to these students who have been allotted seats during the first and earlier companynselling will be permitted only in respect of seats which have fallen vacant after the first companynselling and number of the left over seats. A learned Single Judge of the High Court interpreting the rules directed that when after the first companynselling any subsequent companynselling is decided to be held for allocation of remaining seats including those which have fallen vacant subsequent to the first companynselling, the same shall be numberified to the public and the first date of each subsequent companynselling will be reserved for the candidates who were allotted seats at the earlier companynselling and who wish to change their seats and out of the candidates, who were allotted seats at the first companynselling, who turn up for subsequent companynselling on the first date which is served for such students, distribution of seats which have fallen vacant subsequent to the first or earlier companynselling will be done according to merit. A candidate who does number exercise his option at the time of companynselling will be kept in the waiting list and if at any subsequent stage a seat falls vacant the same shall be allotted on the basis of the option exercised by those who are in the waiting list. With C.A.No.4752/2000 and SLP C No.5151/2000 J U D G M E N T RAJENDRA BABU, J. A.Nos.2649 2651/2000 In relation to admission to post graduate medical companyrses, Rules were framed under the Government order issued on March 30, 1994 it was provided therein that the allotment of subject speciality and companylege of study made on the basis of option exercised by a candidate is final and numbercandidate can be permitted to change the subject or the companylege. Aggrieved by these directions, an appeal was preferred by the Director General of Medical Education and Training. Writ petitions were filed in the High Court challenging the validity of these Rules. It is against this order and companynected matters that the present appeals are filed by special leave.
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2001_463.txt
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182 of 1969 and 42 to 45 of 1968. 42 to 45 of 1968. 42 to 45 of 1968 . 182 of 1969 and the respondents in W.P. Nos. T. Desai, G. L. Sanghi, B. D. Sharma for S. P. Nayar, for respondents Nos. The Corporation companysists of 8 members, two of whom are numberinated by the. 1 to 3 in W.P. ORIGINAL JURISDICTION Writ Petitions Nos. Petition under Art. No.
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1970_313.txt
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On finding this Japana Oram tried to rescue the bullock and got electrocuted. Some other villagers of the village Khuntagaon viz, Ralbindra Oram, Fatha Oram, Gobardhan Kisan and Etwa Oram had illegally taken power supply without the knowledge of GRIDCO Authorities by use of hook from the L.I. of 2005 SLP C No.9788 of 1998 arising from OJC No. wire. companyductor snapped. At that time the father of the respondent Japana Oram was companying with his bullock, the bullock came in companytact with the live G.I. In the Counter affidavit it was companytended that death occurred were due to the negligence of the deceased themselves and the electric live wire were belonging to and maintained by the GRIDCO had number snapped and, therefore, the appellants were number liable to pay any companypensation. wire and as a result thereof got electrocuted. 5591 of 1999 9788 of 1998. On 16.9.97 respondent herein filed a writ petition in the High Court of Orissa at Cuttack being OJC No.13281 of 1997 claiming companypensation for the death of the deceased. His wife came to his rescue and hearing her cries her daughter Sabi Oram while trying to detach her parents also was electrocuted. 5591 of 1999 And Civil Appeal No.4552/2005 Special Leave Petition c No.9788 of 1998 . On 23.8.97 the Junior Engineer of GRIDCO sent a telegram to the Chief Electrical Inspector, Government of Orissa, for necessary action at his end. The present case is squarely companyered by the decision of this Court in Chairman, Grid Corporation of Orissa Ltd. GRIDCO and others supra . Before the storm and rain on the night of 10.5.84 the supply line was checked by the Junior Engineer and the lineman in the regular companyrse of checking. These appeals were ordered to be listed along with the case Chairman, Grid Corporation of Orissa Ltd. GRIDCO and others Vs.
Sukamani Das Smt. The incident was reported to the local police by the villagers of the Khuntagaon on 23.8.97 wherein the fact of illegal hooking and death due to electrocution was admitted. The facts of Civil Appeal No.1726 of 1999 arising against the order passed by the High Court of Orissa in Writ Petition bearing OJC No.13281 of 1997 are One Themba Bhim, a companyvillager of the deceased had taken power supply to his L.I. The respondent alleged that the accident had occurred due to the negligence of the appellants and claimed companypensation for the death of the deceased. On 22.8.97 the unauthorised I. wire through which the line was illegally taken got disconnected and fell on the ground. The High Court has also erred in awarding companypensation in Civil Appeal No of 2005 SLP C No.9788 of 1998. However, before information about the snapping of the line was received by the appellants, the deceased while moving in the morning came in companytact with the snapped electric line and became unconscious. In Civil Appeal No.of 2005 SLP C No.5591 of 1999 arising from OJC No.4247/97 the respondent filed a writ petition in the High Court of Orissa at Cuttack inter alia on the allegations that on 28.5.92 at about 12.00 numbern while her husband was returning from the polling station, a live electric wire suddenly snapped and fell on him as a result of which he received severe electrical burn injuries and lost his senses. 6290 of 1994, on the night of 10.5.84 due to heavy storm and rain, one L.T. The respondent had filed a suit in the Court of Subordinate Judge, Jajpur against the appellants claiming companypensation for the death of deceased being Money Suit No.199 of 1987. In the present case, the appellants had disputed the negligence attributed to it and numberfinding has been recorded by the High Court that the GRIDCO was in any way negligent in the performance of its duty. Hospital, Jajpur but on the way he breathed his last. Electrical Sub Division Ujalapur on 24.8.97 also submitted report in which the cause of death was mentioned to be due to illegal electric companynection taken through hook. This happened despite the fact that the appellant had taken adequate steps to maintain the supply line properly. According to the appellant, the death occurred number because of their fault but due to act of God. point to their houses by means of an un insulated G.I. The local police enquired into the matter and reported the cause and manner of death as stated above. The said suit was dismissed by the Subordinate Judge, Jajpur vide order dated 16.5.92. Counter affidavit was filed by the appellants herein. The High Court ignoring the fact that the suit filed on the same cause of action had already been dismissed and awarded companypensation of Rs.40,000/ to the respondent. By the impugned judgment the High Court disposed of the writ petition with a direction to the appellants to pay a sum of Rs.2,70,000/ by way of companypensation to the respondent herein. and another, 1999 7 SCC 298, but were delinked as the service had number been companypleted on the respondents. The family of the deceased did number lodge a companyplaint FIR in the police station. With Civil Appeal No.4560/2005 Special Leave Petition NO. Some local people took him to the S.D. In the companynter affidavit filed by the appellants, it was inter alia submitted that generation and distribution of the energy are regulated through statutory provisions namely the Electricity Supply Act, 1948 and the rules framed thereunder. Leave granted in Special Leave Petition c No. He was taken to the hospital where he was declared dead. The S.D.O. Thereafter, after a delay of 10 years, in the year 1994 the present writ petition was filed in the High Court. Disputed questions of facts were number involved and as a result of which the finding recorded by the High Court was upheld. The Bench disposed of the batch of 10 appeals and these appeals were ordered to be heard after service is companyplete. In Civil Appeal No. BHAN, J. point.
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2005_932.txt
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As such the detention order was served in jail. The petitioner Alijan Mian was arrested on 8th November, 1982 while the petitioner Jadunandan Sah was arrested on 12th of November, 1982 in companynection with the aforesaid incidents. went to the house of Ram Naresh Chauhan in Khudia Colliery. The petitioners made representation against the order of detention in both the cases and the representations were on the same pattern. Alijan Mian, the petitioner in the first petition, is an employee of the Eastern Coalfields Limited working at Khudia Colliery as a dumper driver. Jadunandan Sah, the petitioner in the second Petition, is also a dumper driver in Gopi Nathpur Colliery. The companytentions raised on behalf of the petitioners are fourfold The petitioners were in jail when the detention orders were passed, when there was absolutely numberapprehension of breach of public order from them. The object of the order of detention as indicated in the impugned order was to prevent the petitioners from acting in any manner prejudicial to the maintenance of public order. The grounds of detention supplied to the petitioners are in identical terms and they are as follows That on 15/16.10.82, at about 2.30 A.M. the subject alongwith Jadunandan Sah and 3 others went to Khudia Colliery and dragged one Shri Ram Briksh Chauhan who were witnessing a cultural programme and started assaulting him in presence of large gathering who were there to see the cultural programme. But Alijan Mian, the petitioner, threw another bomb and the informant was injured at his back and fell. Opening of gun fire in a thickly populated residental companyony of Khudia Colliery created great panic and alarm in the area and adversely affected public order. The two incidents on the basis of which the proceedings for preventive detention had been started were already the subject matter of criminal proceedings and in the circumstances the proceedings for preventive detention were absolutely uncalled for. This refers to Nirsa P.S. 189 and Nirsa P.S. The orders of detention were sequal to two incidents of 15/16th October and 8th November, 1982 giving rise to two criminal cases, Nirsa P.S. Thus the subject acted in a manner prejudicial to the maintenance of the public order. Thus the subject acted in a manner prejudicial to the maintenance of public order. The Advisory Board eventually gave an opinion that the order of detention was justified. On the basis of that report the Government ordered detention of the petitioners upto 2nd December, 1983. The petitioners appeared in person before the Advisory Board. For prevention of such activities, I companysider his detention necessary. Shri Alijan Mian is informed that he may make a representation in writing against the order under which he has been detained. This adversely affected the public order and persons who were witnessing the cultural programme started running helter and skelter for their lives. 208 of 1982 respectively. By an order dated 13th December, 1982 the Government approved the detentions order and informed the petitioners by letter dated 30th December, 1982 of the reference of their representation to the Advisory Board asking them to appear in person before the Board. The petitioners challenged the order of detention by filing writ petitions in the High Court but the same were dismissed in limine. This created great panic and alarm in the area and adversely affected the public order. The subject and his associates, with an intention to establish criminal supremacy and to kill him threw two bombs on him, resulting in grievous injury to Mussafir Singh. That on 8.11.82, at about 11.30 A.M. the subject alongwith Rambriksh Singh, Jadunandan Mahato and Chandra Shekhar Singh armed with bombs, gun, etc. The subject is in jail and is likely to be released on bail. One of his associates under the direction and guidance of the subject opened fire on Shri Chauhan resulting in grievous injury to him. In the first information report it was alleged that on 8th November the informant was shot in his hand near his house by one Ram Bilas Singh and that at that time the petitioners were with the said Ram Bilas Singh. These two companynected petitions seek to challenge the orders of detention dated 2nd December, 1982 passed by the District Magistrate, Dhanbad in exercise of powers companyferred by subs. In the circumstances I am satisfied that if he is allowed to remain at large, he will indulge in activities prejudicial to the maintenance of public order. Hearing the cry, Mussafir Chauhan came there but seeing the subject and his associates engaged in the assault of his brother started running away for his life. 208 dated 8.11.82 u s. 307/34 I.P.C. 3183/C dated 15th of October, 1982 of the Government of Bihar. Under article 32 of the Constitution of India Miss R. Vaigai for the Petitioners. The petitioners in both the cases were later on granted bail but the two criminal cases mentioned above are still going on. At the most the two incidents make out a case of law and order and number a case of public order. Their intention was to kill him because he did number participate in the strike in the companyliery. of Bihar, Patna and forwarded through the Superintendent of jail, Dhanbad as early as possible. Their stand was that they were active members of the union of workers of the companyliery, viz.,
the Colliery Mazdoor Sabha There were other unions in the said companylieries and due to some inter union rivalry a first information report against them was lodged by persons belonging to a rival union for an alleged offence under ss. 307/34 IPC and 27A of the Arms Act. The said persons intended to kill him. 678 and 679 of 1983. The petitioners instead of filing an appeal against the order of the High Court rejecting the writ petitions have chosen to file the present petitions under Art. Case No. His representation, if any, may be addressed to the Deputy Secretary, Home Spl. In the first information report regarding the other. EXTRAORDINARY ORIGINAL JURISDICTION Writ Petition Criminal Nos. Department, Govt. 32 of the Constitution. and s. 27 Arms Act. 2 of s. 3 of the National Security Act, 1980 No. 65 of 1980 read with numberification No. Goburdhan for the Respondent. The Judgment of the Court was delivered by MISRA J.
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1983_216.txt
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P. Sen, J. Special leave granted.
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1987_381.txt
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The Sugar Factory is engaged in the manufacture of sugar by Vacuum Pan Process. According to the petitioner, however, the price fixed was exorbitant and as the petitioner and other sugar factories were likely to suffer enormous loses, the Sugar Factories approached the State of U.P. The petitioner is a Public Limited Company and owns a sugar factory in Deoria known as Shri Sitaram Sugar Company Limited, Bhailtapur, U.P. The petitioners also sought a Mandamus directing the State Government to grant remission in purchase tax of 0.51 paise per quintal to all the Sugar factories situated in the State of U.P. 12.25 per quintal for the Sugar Mills situated in the East Zone. The minimum price fixed by this Notification for the area in which the petitioners factory was situated was Rs. By another Notification of the same date, two more factories were granted the remission. By a Notification issued under section 14 1 of the Act, the State Government granted remission to the extent of 0.51 paise per quintal to 18 Sugar Factories mentioned in the area. The State of U.P. The stand of the appellant petitioner and others is that the Chief Minister was satisfied with the demand made by the sugar factories and he assured them that the State Government would grant remission in purchase tax to all the factories situated in the East Zone. It purchases sugarcane from the reserved area allocated to Lt under the provisions of U.P. 1966 By a Notification dated September 29, 1973 issued under clause 3 of the Sugarcane Control Order, 1966, Central Government fixed the price of sugarcane for the factories situated in Uttar Pradesh. Government intervened in the matter and fixed sugarcane price at Rs. 8.38 per quintal. Gupta, Raju Ramachandran, Ravindra Bana,Vinoo Bhagat, K.K. Sachthey, K.K. As the remission was number granted to the appellant petitioner and to some other factories similarly situated, they filed petitions under Article 226 of the Constitution challenging the aforesaid Notification issued by the State Government. Mehta, Swarup John Co., G.S. 409 of 1975 filed by M s. Shri Sitaram Sugar Company Limited, Bhailtapur, District Deoris, against the State of Uttar Pradesh and others to bring out the question for companysideration in these appeals. Regulation of Supply and Purchase Act, 1953 and Sugarcane Control Order. Sachthey, R. Ramachandran, S.S. Khanduja, Manoj Swarup Co., P.K. Chatterjee, Probir Mittra, Mrs. J. Wad, S.K. Gupta, G.S. Srivastava, K.K. Ramarao, C.V. Subba Rao, S.K. Co., P.R. They, therefore, made representation to the U.P. Pillai, Baggar, K.L. Puri, G. Gopalakrishnan, Khaitan Co., A. Subba Rao, Naunit Lal, M.K. Ramasesh, Bishambar Lal, G. Subramanium, Ms. S. Dikshit, Ms. A. Subhashini, K.R. Nagaria, Mrs. Rani Chhabra, R.B. Mohan, Dhantaraj,D.K. Government and as a result thereof the U.P. Jain, A.D. Sanger, Girish Chandra, C.K. Bhagat, F.S. Sugarcane Purchase Tax Act, 1961 hereinafter referred to as the Act for short . Francis, S. Markendaya, R.N. Agarwal, S.K. and brought to its numberice that they were number in a position to pay the higher sugarcane price. Sharma, Mrs. Kitty Kumaramangalam. Parekh, K.R. Gambhir, Pramod Dayal, R.K. Jain, S.R. Gupta, V.P. Nambiar, R.N. Iyenger, Yogeshwar Prasad, S.P. The cane growers felt agitated as according to them, the price fixed was much too low. Nair, J.B.D. Sucharita, T.C. Rangam, R.V. Nariman, Soli J. Sorabjee, H.K. Sharma, V.J. Poddar, B.M. Nagaraja, B.D. Chitale, K.G. Datar, P.H. Venugopal, O.P. These appeals arise out of petitions under Article 226 of the Constitution challenging the two Notifications dated January 25, 1975 issued under section 14 of the U.P. 495 of 1975. Rana, Dr. Y.S. Ratnam and D.M. resisted the petitions and denied the allegation of promissory estoppel and discrimination set up in the writ petition. As the pattern of facts is similar in all the cases, we would refer to the facts of Civil Appeal arising out of Writ Petition No. 1774 of 1980 etc. Popat for the appearing parties. R.L. The Judgment of the Court was delivered by D B. MISRA, J. A.V. The present group of appeals directed against the judgment of the High Court of Judicature at Allahabad dated July 28, 1978 raises a companymon question of law. 1978 of the Allahabad High Court in Civil Misc. Writ No. They have number approached this Court by special leave and raised the same companytention before this Court as was raised by them before the High Court. From the Judgment and Order dated 28. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1986_142.txt
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Taxmaco was companycerned with the tariff companydition applicable to L.I.P. 14140 47 of 1991. The challenge in the writ petitions filed in the Delhi High Court was to the resolution of the Municipal Corporation of Delhi whereby it approved the proposal of the Delhi Electricity Supply Committee DESU to enhance minimum companysumption guarantee charges from Rs. companysumers for the year 1991 92. The appeal is directed against the judgment and order of a Division Bench of the Delhi High Court dismissing the appeal preferred by the appellant, Municipal Corporation of Delhi DESU as well as the cross objections preferred by the respondent. Heard the learned Attorney General and Sri Ashwini Kumar for the appellant and Sri Harish Salve for the respondents. The appeal and cross objections were preferred against the judgment of a learned Single Judge of the Delhi High Court dated 21st Novermber, 1990 allowing the petition and a large number of similar petitions filed by the respondent and other companysumers under Section 20 of the Arbitration Act and referring the dispute between the parties to arbitration. In the tariffs numberified for the said year, the words subject to a maximum over all rate of Rs. Common questions arise in these appeals. For the sake of companyvenience, we would refer to the facts in civil appeal arising out of S.L.P. ORDER P. Jeevan Reddy, J. C Nos. Leave granted.
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1994_1033.txt
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Hasim Madhu Mian all armed with Chhura, Bablu Srivastava and Gopal Das armed with belt and iron rod respectively along with 10 or 12 other persons came near deceased Sudhir Singh and appellant Anil Sharma caught hold of his companylar and at this stage deceased asked as to what has happened, brother and in the meantime appellant Anil Sharma assaulted him by Chhura and appellant Sushil Srivastava, Niranjan Kumar Singh and Md. Appellant Anil Sharma thereafter mounted attack on the informant and inflicted a blow on his neck by Chhura and appellant Sushil Srivastava and Niranjan Kumar Singh assaulted him by Chhura causing bleeding injury on his head and left hand respectively. Soon thereafter, when he was talking with deceased Sudhir Singh, accused appellants Anil Sharma, Sushil Srivastava, Niranjan Kumar Singh, Md. Appellant Anil Sharma was sentenced to death. Hasim Madhu Mian made assault on him by Chhura with which they were armed and appellant Bablu Srivastava and Gopal Das also assaulted him by belt and iron rod respectively, besides 10 or 12 other persons aforesaid who had surrounded and assaulted him. The informant PW 6 requested appellant Anil Sharma to let off and leave deceased Sudhir Singh and also enquired as to what is the matter, but numberavail and the deceased fell on the ground as a result of injuries sustained. But Sudhir Singh died on his way to the Hospital. Ranchi for treatment where the informant was undergoing treatment. The informant PW 6 also fell down being injured and other persons aforesaid also assaulted him by kicks and fists. After few minutes the Jail companystables came there blowing whistles and during that period there was a great stampede and deceased Sudhir Singh in an unconscious state along with the injured informant was shifted to R.M.C.H. There was numberreport made by Hare Ram Singh PW 6 as claimed. It appears that accused persons had filed an application on 3.7.2001 with a prayer to examine PW 6. The said Fardbayan Ext.8 along with the formal F.I.R. So far as one of the points which was highlighted was that numbercogent reasons have been given to discard the prayer made by PW 6 for his fresh examination. The petition of PW 6 was companysidered in detail by the Trial Court and was rejected by order dated 8.8.2001. Both the orders dated 8.8.2001 and 5.9.2001 attained finality and also do number suffer from any infirmity. 12/99 was registered at 11.00 A.M. on that day and formal F.I.R. In view of the death sentence imposed on accused Anil Sharma a reference was made to the Jharkhand High Court under Section 366 of the Code of Criminal Procedure, 1973 in short the Code . Ext.8/1 was received in the companyrt of C.J.M., Ranchi on 23.01.1999. There was then the ringing of alarm bell. It was held that the plea appeared to be after thought and there was numbercogent reason for accepting the prayer. Same was also rejected by order dated 5.9.2001. Twelve witnesses were examined on behalf of the accused persons who pleaded innocence and false implication. For its companyclusions Trial Court primarily relied on evidence of PWs 5 and 6, who claimed to be eye witnesses. 8/1 was drawn up. The trial Court found the accused persons guilty on companysideration of the evidence led by the prosecution by examining 18 witnesses. The Trial Court recorded companyviction and awarded sentences as afore noted. The occurrence is said to have taken place at 6.45 A.M. on that day in Ward No. They took a specific stand that they were in their wards inside the jail and, therefore, the question of companymitting any murder was totally improbable. This aspect was specifically urged before the High Court and has been companysidered. Ext.
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2004_274.txt
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9/79 . The appellant, Muniappan, was companyvicted by the learned Sessions Judge, Dharmapuri under section 302 of the Penal Code and sentenced to death on the charge that he had companymitted the murder of his mothers brother also called Muniappan and his son Chinnaswamy. Sampath and P.N. T.M. 759/79 Referred Trial No. In the first place, the Sessions Court overlooked the provision, companytained in section 354 3 of the Code of Criminal Procedure, 1973, which provides, in so far as is relevant, that when the companyviction is for an offence punishable with death, the judgment shall in the case of sentence of death state special reasons for such sentence. 221 of 1981. The leave is limited to the question of sentence. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. The companyviction for murder and the sentence of death having been companyfirmed by the High Court of Madras by a Judgment dated October 23, 1979, this appeal has been filed by the accused by special leave. Appeal by Special Leave from the Judgment and Order dated 23.10.1979 of the Madras High Court in Criminal Appeal No. Ramalingam for the Appellant. V. Rangam for the Respondent. The Judgment of the Court was delivered by, CHANDRACHUD C. J.
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1981_368.txt
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