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311/74 and Crl. 1 in Crl. 678/75, Crl. 383, 294/74 and Crl. Sudhakaran for Appellant in Crl. 204 and R. 1 in Crl. S. Nambiar for Respondent in Crl. 204/76, 307/77 and 32/78. Mukherjee and S. K. Sabharwal for Respondent in Crl. N. Shroff and H. S. Parihar, for the Intervener in Crl. 36/78. 204 , H. R. Khanna and M. N. Shroff for the Appellant in Crl. 204/76, 32/78 AND 307/77 Appeals by Special Leave from the Judgments and Order dated the 15 7 1975, 12/13 11 1975 and 18 11 1975 in Crl. 278/76, 408 410/77, 429, 372/77, 33 36/78. 53/75, 294/74, 258/76, 1707/ 76, 86/76, 212/76, 82/75 231/76 and 1603/76 239/76 respectively. 216 and 217/76. 278 , B. P. Maheshwari, N. K. Jain, Suresh Sethi and Randhir Jain for the Appellant in Crl. Appeals by Special Leave from the Judgments and Order dated the 19 4 1976, 24 12 76, 7 12 76, 17 1 77, 30 11 76, 22 11 76, 19 5 76, 8 2 77 in Crl. Appeals by Special Leave from the Judgments and Orders dated the 12 2 1975, 17 2 1975 and 8 7 1975 in Crl. 216 218 of 1976. A No.,
278/76. 216 , K. R. Nambiar for the Appellant in C.As. A.278/76, 408 410, 429, 372 of 1977 and 33 36 of 1978. Ganatra V. B. , 1. V. Gupte, Attorney General of India In CA. 570/75 respectively and CRIMINAL APPEAL Nos. 325/74 respectively and CRIMINAL APPEAL Nos. Vepa Sarathy and P. K. Pillai fort Respondent No. Veena Devi Khanna and V. N. Ganpule for Respondent No. V. Gupte, Attorney General of India In C.A. P. Mukherjee for Intervener in Cr. 218/76. 216/76. S. Desai, in CA. A.35/ 78. 34/78. C. Bhandare, B. P. Singh and A. K. Srivastava for Respondent No. In Rajal Das Guru Nanal Pamanant v. The States of Maharashtra 1 the companyviction of the appellant was set aside on the ground The Public Analyst did number have the quantities mentioned in the Rules for analysis,. CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos. Revision Petitions Nos. Appln. This larger Bench was companystituted for examining the companyrectness of the above view. The Judgment of the Court was delivered by UNTWALIA J,. Revision No. Appeal No. Petition No. A. No. | 1 | train | 1978_370.txt |
Pursuant to an agreement between the parties and a further allotment, trees of the species described in the agreements companyprising 3000 cubic meters of softwood in all were permitted to be cut and removed by the respondent. The rate for the payment of the wood was fixed by the agreement. | 0 | train | 1990_384.txt |
Tanaji. Tanaji received the suit summons on 25.02.2007. The appellant and respondents No.14 and 15 filed application under Order IX Rule 13 CPC on 15.10.2008 and the said application was dismissed on merits by the order dated 06.08.2010. 14 and 15 filed an application under Order IX Rule 13 CPC for setting aside the ex parte decree. on 12.06.2013, the appellant and respondents No.14 and 15 filed regular appeal challenging the ex parte decree passed in Regular Civil Suit No.35 of 2007. The said suit was decreed ex parte and preliminary decree for partition was passed on 04.07.2008. application filed under Order IX Rule 13 CPC and the appeal thereon and therefore, it will be just and proper to companydone the delay in preferring the appeal challenging the ex parte decree passed in the partition suit. Being aggrieved by the dismissal of application filed under Order IX Rule 13 CPC, on 03.09.2010, the appellant and respondents No.14 and 15 filed Civil Appeal No.108 of 2010 and the same was withdrawn on 11.06.2013. The trial companyrt observed that said Tanaji was an adult and the suit summons served on him was deemed to be an effective service of summons on the defendants. Challenging the said order, the appellant and respondents No.14 and 15 preferred an appeal on 03.09.2010. The companyrt numbered that the appellant and respondents No.14 and 15 did number get an opportunity to companytest the suit on merits. The trial companyrt pointed out that though number of amendments were made in the application filed under Order IX Rule 13 CPC, only in the last amendment, the defendants have stated that suit summons was served on the son of applicant No.2 viz. By the impugned judgment dated 20.08.2014, the High Court allowed the writ petition by holding that the application filed under Order IX Rule 13 CPC cannot be said to be wrong proceedings and hence, the time spent in pursuing the remedy by filing application under Order IX Rule 13 CPC cannot be excluded for calculating the limitation. In the said suit, son of defendant No.2 viz. The trial companyrt numbered that the appellant and respondents No.14 and 15 are companying up with different reasons for their number appearance when the suit was called for hearing. The learned District Judge observed that the appellant and respondents No.14 and 15 have spent their time in wrong proceedings viz. According to appellant defendant, they were in the neighbouring village in search of work and Tanaji did number inform them about the service of suit summons and therefore, they companyld number appear in the suit for partition. This appeal arises out of the judgment dated 20.08.2014 passed by the High Court of Judicature at Bombay in Writ Petition No.3290 of 2014 in and by which the High Court refused to companydone the delay in filing the first appeal challenging the ex parte decree passed in Regular Civil Suit No.35 of 2007 dated 04.07.2008. Brief facts which led to filing of this appeal are as under Respondents plaintiffs No.1 to 13 filed a suit for partition in Signature Not Verified Regular Civil Suit No.35 of 2007 before the Joint Civil Judge, Digitally signed by MADHU BALA Date 2019.05.07 172014 IST Reason Junior Division, Daund seeking partition and separate possession of the suit property. On 15.10.2008, appellant and respondents No. The said application for companydonation of delay was allowed by the Additional District Judge, Baramati vide order dated 20.02.2014. Being aggrieved by the order companydoning the delay and entertaining the appeal, respondents No.1 to 8 filed WP No.3290 of 2014 before the High Court. Application No.56 of 2013 for companydonation of delay of four years, ten months and eight days. After companysidering the companytentions of both the parties, the said application came to be dismissed by the trial companyrt by order dated 06.08.2010. Along with the said appeal, they also filed Civil Misc. BANUMATHI, J. On the very next day i.e. Leave granted. | 1 | train | 2019_355.txt |
On 13.5.2005, TRAI made companyprehensive recommendations on various issues relating to spectrum policy, i.e., efficient utilisation of spectrum, spectrum allocation, spectrum pricing, spectrum charging and allocation for other terrestrial wireless links. Interestingly, the Ministers draft did number include the important issue relating to Spectrum Pricing. The Terms of Reference of the Group of Ministers, among other things, included suggesting a Spectrum Pricing Policy and examining the possibility of creation of a spectrum relocation fund. The revised Terms of Reference did number include the issue relating to Spectrum Pricing. On 24.11.2003, the Minister of CIT accepted the recommendation that entry fee for new UAS Licensees will be the entry fee of 4th cellular operator and where there is number4th cellular operator, it will be the entry fee fixed by the Government for the basic operator. In terms of paragraph 19 the licensee was required to pay spectrum charges in addition to the licence fee on revenue share basis. After five days, the Minister CIT wrote letter dated 28.2.2006 to the Prime Minister that the Terms of Reference of the GoM were much wider than what was discussed in his meeting with the Prime Minister. In the meanwhile, on 23.2.2006, the Prime Minister approved companystitution of a Group of Ministers, companysisting of the Ministers of Defence, Home Affairs, Finance, Parliamentary Affairs, Information and Broadcasting and CIT, to look into issues relating to vacation of spectrum. In terms of paragraph 14 of the guidelines, the licensee was required to pay annual licence fee at 10/8/6 of Adjusted Gross Revenue AGR for category A B C service areas, respectively excluding spectrum charges. Vide letter dated 14.11.2003, the Chairman, TRAI, on his own, made recommendation regarding entry fee to be charged from the new UAS Licensees. Thereafter, vide letter 7.12.2006, the Cabinet Secretary companyveyed the Prime Ministers approval to the modification of the Terms of Reference. In furtherance of NTP 1994, licences were granted to eight Cellular Mobile Telephone Service CMTS operators, two in each of the four metropolitan cities of Delhi, Mumbai Bombay , Kolkata Calcutta and Chennai Madras . In the second phase, in December 1995, after following a companypetitive bidding process, 14 CMTS licences were awarded in 18 state circles, 6 Basic Telephone Services BTS licences were awarded in 6 state circles and paging licences were awarded in 27 cities and 18 state circles. With a view to achieve standards companyparable to international facilities, the sub sector of Value Added Services was opened up to private investment in July 1992 for the following services a Electronic Mail b Voice Mail c Data Services d Audio Text Services e Video Text Services f Video Conferencing g Radio Paging and h Cellular Mobile Telephone. This was in addition to the number refundable entry fee. However, this did number yield the intended results apparently because revenue realised by the cellular and basic operators was less than the projections and the operators were unable to arrange finances for their projects. Though, the then Secretary, DoT submitted the file to the then Minister of CIT on 16.8.2005 for information with a numbere that he will go through the recommendations and put up the file to the Minister for policy decision, the file was returned on 12.9.2006, i.e., after one year and numberfurther action appears to have been taken. The New Economic Policy of India was announced on 24.7.1991. In respect of services a to f , the companypanies registered in India were permitted to operate under a licence on number exclusive basis. In 1986, Mahanagar Telephone Nigam Ltd., MTNL and Videsh Sanchar Nigam Ltd., VSNL were set up. One major step taken for improving telecommunication services in the companyntry was the establishment of a modern telecommunication manufacturing facility at Bangalore under the Public Sector, in the name of Indian Telephone Industries Ltd. Even otherwise, admittedly 232 applications were made by 25.9.2007 and between 25.9.2007 and 1.10.2007 only 76 were applications were received. The reforms in the telecommunication sector started in 1984 when the Centre for Development of Telematics C DoT was set up for developing indigenous technologies and permissions were given to the private sector to manufacture subscriber equipment. Further as per the companynter affidavit 232 UASL applications were received till 25.9.2007 from 22 companypanies. A decision was also taken by him in No.20 231/2003 BS III LOIs for UASL at 4/N that, As regards the point raised about the grant of new licences on first come first served basis, the announced guidelines have made it open for new licences to be issued on companytinuous basis at any time. For services companyered by g and h mentioned above, keeping in view the companystraints on the number of companypanies that companyld be allowed to operate, a policy of selection through a system of tendering was followed for grant of licences. These recommendations were number placed before the Telecom Commission. It was aimed at meeting Indias companypetitiveness in the global market rapid growth of exports, attracting foreign direct investment and stimulating domestic investments. In 1839, the first telegraph link was experimented between Calcutta and Diamond Harbour companyering 21 miles. For detailed examination of the issues raised by the petitioners, it will be useful to briefly numberice the history of the growth of telecommunications in the companyntry and the reforms introduced 1984 onwards. After independence, Government of India took companyplete companytrol of the telecom sector and brought it under the Post Telegraph Department. He appears to have protested that the Terms of Reference would impinge upon the work of his Ministry and requested that the Terms of Reference be modified in accordance with the draft enclosed with the letter. Deputy Chairman, Planning Commission was special invitee. | 1 | train | 2012_112.txt |
He acquired professional training in the Institute of Semi Conductor, Leningrad USSR, Leveder Institute of Physics, Moscow, and Rice University, Texas, USA. He also became a senior member of Institute of Electrical and Electronics Engineers, USA and a member of the Institute of Electrical Engineers, London. In August, 1973, he was further promoted as Deputy Chief Scientific Officer and posted in Defence Electronics Research Laboratory, Hyderabad. The appellant was born on 27th March, 1931, and took the Masters Degree in Science in Physics in 1953 and obtained Ph.D. in microwave Physics from the University of London in 1959. 522 of 1986. In August 1960, he was appointed as Senior Scientific Officer, Grade I in the Defence Science Laboratory, Delhi and in 1969 was promoted as Principal Scientific Officer. Now, THEREFORE, in exercise of the powers companyferred by Clause h of Article 459, of Civil Services Regulations, the President hereby retires Dr. J.K. Sinha, Scientist E, DLRL, Hyderabad with immediate effect, he having already attained the age of 50 years on 27th March, 1981. 658 of 1988 From the Judgment and Order dated 18.2.1987 of the Central Administrative Tribunal Hyderabad in OA No. Before the Tribunal the appellant companytended that he had a brilliant academic career and had a clean record of service his research projects had been highly praised and appreciated and he deserved promotion to the post of Director Scientist G F .
The appellant was actually interviewed for the said post during May and June 1986. This appeal by special leave and is directed against the decision of the Central Administrative Tribunal, Hyderabad bench, dismissing the claim of the appellant and rejecting his challenge to the order dated PG NO 7 28th of November, 1986, retiring the appellant from service under Article 459 h of the Civil Services Regulations. In February, 1986, he had made a representation to the authorities for redressal of personal grievances and while PG NO 8 suggesting for improvement in the laboratory he had pointed out regarding the defective functioning of the Institution. Before the Tribunal the service records of the appellant were produced. P. Rao and A. Subba Rao for the Appellant. The President also directs that Dr. J.K. Sinha shall be paid a sum equivalent to the amount of his pay plus allowances for a period of 3 months calculated at the same rate at which he was drawing them immediately before his retirement. While serving in the said post he was prematurely retired by the impugned order. N. Dwivedi, Ashok K. Srivastava and C.V.S. The order of the retirement impugned in the proceedings was to the following effect WHEREAS the President is of the opinion that it is in the public interest to do so. The authorities developed bias against the appellant. This led to his number getting selected for the post of Director and ultimately to the making of the impugned order. Rao for the Respondents. These allegations were companyntered by the Department. The Judgment of the Court was delivered by RANGANATH MISRA, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. | 0 | train | 1988_478.txt |
Can thesentence, passed on a companyvicted person under the Narcotic Drugs and Psychotropic Substances Act, 1985 for short the Act be suspended during the pendency of appeal presented by him? J U D G M E N T Thomas J. Leave granted. | 0 | train | 2000_253.txt |
Nehra Murdabad B.S. The slogans are S. Mundra Murdabad N.S. Nehra naun Chalta Karo Katal Nehra Murdabad B.S. Mundra Hai Hai Dakia Mahajan Superintendent Murdabad B.S. Nehra Murdabad The appellants were charge sheeted for this companyduct of theirs. On the day he was slapped, he presented a represen tation to the District and Sessions Judge Shri Nehra. In this enquiry, it was found that Shri Mundra, Judicial Magistrate, Zira slapped Jagdish Lal. Mundra, Judicial Magistrate, 1st Class, Zira. Khurana, Chief Judicial Magistrate, Ferozepore, to hold preliminary enquiry into the demonstration by the Court officials in front of the Canal Rest House and the slogans raised there. While admitting that they had taken part in the demonstration on the day in question they denied that they had taken a prominent part in the demonstration as leaders in raising objectionable and defamatory slogans against their superior officers. Ac companyding to his report, the appellants had taken a prominent part in raising objectionable slogans in question. He called the represen tatives of the Association. Accordingly, it was decided by the Association that a request should be made to the District and Sessions Judge, Ferozepore, to transfer Jagdish Lal from the Court at Zira to any other Court so that calm companyld be restored. There was companytinued slogan shouting from 4.00 P.M. till 7.30 P.M. before Justice Goyals arrival. This incident caused resentment in the Association and the Association, therefore, felt that something should be done to demonstrate this resentment. After they came back, those who raised slogans disbursed. An enquiry was directed to be held by the Senior Sub Judge, Ferozepore into the incident. The appellants are said to have taken a prominent part in raising objectionable slo gans. 1278 of 1982. The appellants were the employees in the ministerial establishment of the Courts at Ferozepore and Zira having entered into service varying from the year 1952 to 1965. After the merger of PEPSU with Punjab, the Revenue Minister, Punjab, sent the file to the Chief Minister for his advice. The District Judge, Ferozepore in his capacity as the punishing authority then served a show cause numberice on all the appellants as to why the penalty of dismissal from serv ice be number imposed on them. A demonstration was organised by the subordinate Court officials. They are members of the Punjab Civil Courts Clerks Association. He was to reach the Canal Rest House at 4.00 P.M., but he companyld reach only at 7.30 P.M. At that time, the District and Sessions Judge, along with other Judicial 1010 officers were present to receive him. On 11th August, 1980, the District Judge sent a letter to Shri G.S. Though the association and their representatives including the appellants were keen to resolve the matter, the District and Sessions Judge adopted a hardened attitude. On that day, one Jagdish Lal, a Senior Ahmad of the Court was slapped. It is alleged that the Sessions Judge did number accede to the request of the representatives of the Association to plead their case before him. After 1011 companysidering the replies, the District Judge, by his order dated 17.11.1980, imposed on them punishment of dismissal from service. On 24th July, 1980, there was an incident in the Court of Shri N.S. 198 1, 4 1 1982 and 2 4 1982. An enquiry by Justice P. Goyal of the High Court of Punjab and Haryana was directed to be held and it was scheduled for 9th August, 1980. The appellants among others met the District and Sessions Judge for this purpose on 28 71980. On 12th August, 1980, the District Judge had intimated the High Court about the finding in the preliminary report and had sought guidance of the High Court. The Revenue Minister, PEPSU felt that the order of dismissal was too harsh and instead, he should be reverted and made an endorsement to that effect on the file, but numberwritten order was served on the employee. On the basis of this report, the District Judge placed the appel lants under suspension by his order dated 14 8 1980. Mr. Khurana recorded the statements of some officers on the same day and submitted his report on that very day itself. From the Judgment and Order dated 30.9.1981 of the Punjab and Haryana High Court in Service Appeals of the Appellants. The Chief Minister passed an order companyfirming the order of dismissal and the order was duly companymunicated to the employ ee. Justice Goyal alighted from his car and went inside the visiting room of the rest house. 1982 Special leave petition to be heard on the question whether the High Court in disposing of the appeal of the petitioners was acting in an administrative capacity under Article 235 or as a Tribunal or as the High Court. The appellants preferred a service appeal in the High Court of Punjab and Haryana at Chandigarh. M. Tarkunde, Mrs. Urmila Kapur and Ms. Janki Sriniva san for the Appellants. Order of the Court on 3 12 1981 Issue show cause numberice on SLP returnable on 4 1 1982, on the question as to whether the High Court in disposing of the appeal of the petitioners was acting in administrative capacity or as a Tribunal or as High Court. A formal enquiry was ordered against these appellants. 1982 Special leave granted. and had thus acted prejudicially to the public order, decency and morality and thereby companytra vened Rule 7 1 of the Government Employees Conduct Rules, 1966. Security dispensed with. Kapil Sibal and Ratbin Dass for the Respondents. There were other demonstrators wait ing for the result of the talks. Order of the Court on 2.4. This appeal has, therefore, companye up before us by special leave under Article 136, against the order of the Single judge in the above mentioned service appeal. 2 from Government accommodation held by him on the companydition that the said petitioner companytin ues to pay rent or companypensation at hitherto charged, pending numberice. Order of the Court on 4. Printing of records and filing of statement of case dispensed with. One of the employees who had also filed appeal before the High Court withdrew his appeal and is number reported to be practis ing law. The appellants were supplied with the articles of the charges and statements of imputation etc. The matter came to the numberice of the High Court. This aggravated the situation. The Judgment of the Court was delivered by KHALID, J. The special leave petition to be heard on 9.2.1982 on this question. This order was challenged by him before the High Court. The High Court companysidered the various companytentions raised by the appellants in detail and dismissed the appeal as having numbermerit. There will be interim injunction restraining the respondents from evicting petitioner No. Some of them met him. The appellants submitted their explanation. Stay to companytinue till then. He is one of the appellants in this appeal. They gave their replies. They came out after the meeting. CIVIL APPELLATE JURISDICTION Civil Appeal No. 1. | 0 | train | 1987_522.txt |
Both the authorities referred to entries in khasras for the crop years 1389 1391 faslis companyresponding to 1979 1981 and irrigation receipts pertaining to 1393 1397 faslis. Going by the orders of the Board of Revenue and the High Court, the maintainability of an application seeking recognition of right under Section 122B 4F of U.P. Zamindari Abolition and Land Reforms Act, 1950 hereinafter referred to as the Act is the issue that loomed large before the Board and the High Court. | 1 | train | 2003_267.txt |
The prohibition numberification undoubtedly impact the life and livelihood of the companytract labourers, but unfortunately neither the ONGC labour Union the appellant herein or the other recognized Labour Unions in the ONGC were represented or heard in the High Court. This appeal is filed by the ONGC Labour Union who however were number impleaded in the Writ Petition No.1323 of 2013, filed by the ONGC in the High Court of Uttarakhand. The 08.09.1994 numberification under Section 10 of the CLRA Act which abolished the companytract labour system in ONGC establishments across the companyntry, was challenged for the first time in 2003 by the Rajahmundry assets of the ONGC which filed the Writ Petition No.4460 of 2003 and Writ Petition No.3397 of 2003, in the Andhra Pradesh High Court. No.1323/2013 M S was also filed in the same High Court by the ONGC, to challenge the prohibitory numberification issued under Section 10 1 of the CLRA Act. No.776 E dated 09.12.1976 issued by the Central Government, prohibiting employment of companytract labour in respect of four categories of works in establishments, inter alia, of the ONGC. The ONGC had Signature Not Verified challenged the numberification dated 08.09.1994 Annex P6 issued by Digitally signed by MAHABIR SINGH Date 2019.10.17 162010 IST Reason the Government of India, under Section 10 1 of the Contract Labour Regulation and Abolition Act, 1970 hereinafter referred to as the CLRA Act prohibiting employment of companytract labour in different categories of work, in the ONGC. The primary focus of the challenge in the 30.08.2001 SAIL verdict was to the previous numberification S.O. Assailing the said verdict, the Labour Union companytends before us that the impugned prohibitory numberification was issued after companyplying with the provisions of Section 10 of the CLRA Act, which requires the Central Government to take into companysideration the state of employment of companytract labour in any process, operation or other works of any establishment. Moreover, background study on employment of companytract labour was companyducted, relevant reports were received and the process was finalized only after companysultation with the Central Advisory Contract Labour Board and other stakeholders. Hence, the affected companytract labourers in the ONGC were denied the opportunity to participate in the writ proceedings in the companycerned High Courts. Also heard Mr J.P. Cama, learned Senior Counsel representing Respondent No.1/Writ Petitioner ONGC . Crucially, when the impugned numberification was issued, the Central Government did number have the benefit of the SAIL judgment rendered on 30.08.2001 which again related to the 1976 numberification. The High Court allowed the ONGCs Writ Petition and quashed the 08.09.1994 numberification of the Central Government. Besides the Court was made to believe that the Central Government had number companysulted the Labour Advisory Board. The said numberification was struck down with the finding that the pre requisites for issuing the numberification were number satisfied. This difference of opinion was numbered and the Central Government then decided to prohibit companytract labour in 11 out of the 26 specified categories of work, on the basis of the input received from the Sub Committee. It was also perceived to be an omnibus numberification without reference to the relevant factors qua each establishment. It is also necessary to point out that the learned Judge rendered the impugned judgment primarily on the basis of the SAIL verdict since numbere of the relevant materials for the 1994 numberification were produced in the High Court. Ms. Alka Agrawal, the learned companynsel is representing the Union of India. Heard Mr. Colin Gonsalves, Learned Senior Counsel representing the appellant. While the above discussions and the companytentions raised by the respective Counsel might numbermally merit our companysideration, the denial of opportunity to the appellant or to any other recognized labour Union in the High Court, persuade us to companysider another option which would be companysistent with the principles of natural justice. Petition had to be filed before the Uttarakhand High Court. It appears that the factum of companystitution of the sub committees prior to the issuance of the impugned numberification and the studies made by the sub companymittees and the nature of their recommendations, were number brought to the numberice of the learned Judge. Thus, wrong inference was drawn on incorrect premises and the High Court proceeded under the presumptive footing as if, there was number application of mind by the Central Government. Before the Uttarakhand High Court, the case came to be filed much later in 2013. Hrishikesh Roy, J. Later, the W.P. Interim order was passed on 25.03.2003 by the High Court in that proceeding and those cases are perhaps still pending. P.C. Leave granted. | 0 | train | 2019_668.txt |
With the help of P.W. Saroj was later removed to the hospital for which accused did number render any help. When the injured Saroj was to be removed to the hospital in the precarious companydition, accused did number render any help and the neighbours had to remove her to the hospital. 2 went inside the room of the accused and found Saroj lying badly injured. Saroj was declared dead by the time she was brought to the hospital. When the accused was arrested and interrogated by the police he told P.W. 6 called the assistance of P.W. The door of the house it was a one room house having only one door was found closed when P.W. Lacerated wound over middle or skull, in size skull bone normal. Pursuant to the said disclosure P.W. The case against him is that he killed his wife Saroj on the evening of 5 11 1995 inside their abode. He told the police that he heard the numberse of cries from the house of the accused and he called out for help from others. Accused was found standing nearby. 9 recovered one knife and an iron pipe. 6 Santosh Kumar, who reached the scene, P.W. 9 Investigating Officer that he had companycealed a knife and iron pipe at a particular place. Four clean incised wound behind left ear over left parietal area, 1, 21/2 , 11/2 skull deep. All the internal organs were found numbermal. Those weapons were found stained with human blood when they were tested in the chemical laboratory. The case was registered on the basis of the first information statement lodged by P.W. 2 for making entry into the room. 2 Yad Ram. Since there was numbereye witness to the occurrence, prosecution depended upon circumstantial evidence alone. In this appeal by special leave appellant is challenging the companyviction and sentence imposed on him under Section 302 of the Indian Penal Code. | 0 | train | 1999_549.txt |
Employees of A Wing who were number in service as on 1.4,70 are likely to be placed above B Wing teachers who were in service as on 1.4.70. Grade I and Physical Directors in A Wing. The B Wing staff challenged the validity before the Madras High Court. That means, there wont be any addition to the Government School under B Wing category after 1.4.70. 2 A mode of promotion to the post of teaching staff All substantive Vacancies existing or that may arise on and from the 2nd November 1978 in all categories of teaching staff which are to be filled up promotion shall be filled or reserved to be filed from among the holders of the specified posts both in the A and B wings of the social Education Department as per the companybined seniority lists of A and B wings drawn up on the 1st November, 1978 in the ratio of 23, EXPLANATION For the purpose of preparation of companybined seniority list of A and B Wings of the cycle of 5 23 in respect of all categories of teaching staff shall be followed as indicated below A Wing I B Wing 1 A Wing 1 B Wing I B Wing 1 5 It will be numbericed that as per the amended Rule 2 A. the companybined seniority lists of A and B Wings will have to be drawn up on the 1st of November, 1978 in the ratio of 23 instead of as on 313.70 as per the original Rule 2 A. the effect of the amendment seriously prejudiced the staff in the B Wing because after 1.4,70 there were numberfresh appointments in the B Wing and all appointments were made only in the A Wing and ail the schools with effect from 1.4.70 had become the Government Schools. 289 dated 20,2,71, the staff of the Regular Government Schools was treated as A Wing and the staff of the erstwhile District Board Schools, but later absorbed as Government staff, was treated as B Wing. Assistants b Gazetted Headmasters and c Administrative Staff as on 313.1970 by integrating both A Wing and B Wing in the proportion specified and by adding the persons recruited subsequent to 1.4.1970 to the respective lists. 1968 dated 2.11,1978 was given a go bye and separate seniority lists of A Wing and B Wing teachers were directed to be prepared for the prupose of promotions These two G.Os. impugned before it and also the promotional orders given to A Wing teachers. 2B Mode of appointment to the posts of Headmasters and Headmistresses All substantive vacancies existing or that may arise on and from the 2nd Nov. 1978, in the category of Headmasters and Headmistresses which are to be filled up by recruitment by transfer shall be filled or reserved to be filled from among the holders of the posts of Deputy Inspectors of Schools and Assistants and Career Masters both in the A and B Wings of the School Education Department as per the companybined seniority list drawn up as on the 1st November 1978 in the ratio of 23, Explanation For the purpose of preparation of companybined seniority list of A and B Wings the cycle of 3 23 shall be followed as indicated below A Wing 1 B Wing I A Wing 1 B Wing I B Wing 1 On the same date, namely, 7.1,82.
the Government also issued G.O.No.38 Education amending the Tamil Nadu .Educational Subordinate Service. were followed by promotional orders given to A Wing teachers on 3.12.1988 and 5.12,1988. Therefore, B Wing staff challenged the amended Rule 2 A on the ground that if the amended rule was given effect to, then persons, who entered service on or after 1.4,70, are likely to be placed above the staff of B Wing, who were already in service on that date. Nol307 dated 12.7,80 by adding Rule 2 A to the Tamil Nadu Educational Subordinate Service Rules, which related to A Wing. Rule 2 A, as introduced by the said G.O., reads as follows 2 A Mode of promotion to the post of teaching staff All substantive vacancies existing or that may arise on and from the 2nd Nov. 1978 in all categories of teaching staff which are to be filled up by promotion shall be filled or reserved to be filled from among the holders of the specified posts both in A and B Wings of the School Education Department in the ratio of 23 namely 40 of A Wing and 60 for B Wing as per the seniority lists of A and B Wings drawn up as on the 31st March, 1970. If the impugned Government orders are to be enforced after 1 .4.1970 by adding subsequently recruited people of A Wing then if the subsequent promotions are given effect to as per the ratio it will result in the same companydition viz.,
A Wing teachers recruited subsequent to 1.4.70 getting precedence over B Wing teachers who were in service, as on 1.4,1970. Against this judgment of the Division Bench of the Madras High Court, the staff Of the A Wing filed S.L.P. On such absorption, the staff of the District Board Schools was governed by a separate service named as Tamil Nadu Educational Subordinate Service B We may mention that the regular staff in the Government Secondary Schools was governed by the Tamil Nadu Educational Subordinate Service. The result was that even the teachers, who were number in employment prior to 31.3.70, were placed in the seniority list over the staff, who were already in the B Wing, long befere 31,3,70. 1968 Education dated 2.11.78, the Government directed, in partial modification of the earlier G.Os, that the staff of A and B Wings be integrated with immediate effect The Government also Indicated the procedure for integration in the following manner Statewide seniority lists shall be drawn up and maintained by the Director of School Education for B Wing staff similar to the statewide list maintained all along for Gazetted Headmasters, Non Gazetted Headmasters, B.T., Assistants language pandits. between the two Wings in the matter of promotion and also the principle for companyputation of service in determining companymon seniority, dismissed the Writ Petition. By G.O. No.l079 dated 27.79 framing the rules under Article 309 Of the Constitution, styled as Special Rules for the Tamil Nadu Educational Subordinate Service B Wing and made those rules as part of Volume 111 of the Madras Services Manual 1970 under Section 6A, Part I I I B. The Government also decided that any school to be opened on or after 1.4.70 shall be only regular Government school. The submissions made on behalf of the appellants can be summarised as follows The challenge that was made by the B Wing teachers before the Tribunal related to G.Os, amending Educational Subordinate Service, which has numberhing to do with the posts of Headmaster, District Educational Officer and Chief Educational Officer, etc. The challenged to the said G.O., in particular was directed against fixing the ratio between the two Wings in the matter of promotion and fixing the principle for companyputation of service in determining companymon Seniority. Aggrieved by the said order of the Tribunal, three sets of appeals have been filed separately by the aggrieved A Wing teachers. which are .governed by the Educational Service. 1583 and 1584 both dated 12.10.1988 and the promotional orders dated 3,12.1988 and 5.12 1988, certain individuals belonging to B Wing teachers the association companycerning B Whig teachers preferred O.A. In terms of the mandamus issued by the Madras High Court, which was affirmed by this Court, and in the absence of companybined seniority list on that basis, numberreliance can be placed on other statement of the Director of School Education, issued prior to the judgment to the effect that all eligible B Wing gazetted Headmasters had already been promoted. On the same date, the Government passed another G.O, Ms. No, 1584 by amending Rule 4 of the Special Rules for Tamil Nadu School Educational Subordinate Service, The effect of the said two G.Os.was that the integration order under G.O.Ms. The learned Single Judge, who initially heard the matter, was number inclined to accept the case put forward by the B Wing staff and companysequently dismissed the Writ Petition. 761 dated 16.5,70, the Government ordered the absorption of the teaching and number teaching staff of the District Board Schools in Government Service w.e.f. In the meanwhile, the Government issued G.O.Ms, No.37 dated 7,1 82 amending Special Rules for the Tamil Nadu Educational Service. The said G.O. 539 dated 1.4.615 directed to treat the erstwhile District Board Schools as Government Secondary Schools with effect from the said date However, numberdecision was then taken regarding the staff of the Dirtict Boards Schools in the said G.O. By G.O.Ms, No. These rules were given retrospective effect from 1.4.70. By this amendment, inter alia, the posts of Headmasters and Headmistresses were taken away from the said rules, Still later, by G.O.Ms No.753 dated 157,85 issued under Article 309 of the Constitution, the Government brought into existence the special Rules for the Tamil Nadu School Educational Subordinate Service in supersession of the earlier Special Rules for the same service. Rules 2 A and 2 B inter alia were introduced, which read as follows 2A Appointing .Authority The appointing authority for the posts of Headmasters arid Headmistresses including Headmasters and Headmistresses in the Model High Schools attached to Training Colleges in Class V shall be the Director of School Education. 1.4,70. State of Tamil Nadu and the Association. The High Court further companymanded the State to redraw the seniority list as originally companyemplated by G.O. Consequently the Tribunal directed the Government and the authorities companycerned to prepare a companybined seniority list a for B.T. Though the difficulties in the integration of various posts in the Tamil Nadu Educational Subordinate Service was brought to numberice of the Tribunal, this has number been properly dealt with by the Tribunal. 98 and issued a mandamus, it was futile writ, so to say, as the rule amended by the G.O. By another G.O.Ms. This Court, upholding the ratio fixed in the said G.O. Before that, the Government issused GOMs. Nos, 46/88, 847/89 and 885/89 before the Tamil Nadu Administrative Tribunal. 98 Education dated 21,1.81 amending Rule 2 A, which was introduced just a few months earlier and the amended Rule 2 A reads as follows . Again, the Government issued G.O.Ms, No.603 dated 15.487 to be effective from 1.385. dated 21,1.1981 by Which the old Rule 2A was substituted by the present Rule 2A. Consequent on the formation of the Panchayat Unions, as a first step, me Government abolished the District Boards in year 1960 61 .The adminstration of the erstwhile District Board Secondary Schools was brought under the companytrol of the Special District Educational Officers in the year 1963, Later on, the Government by G.O.Ms. Farther, the Madras High Court, apart from holding the G.O. This Government Order provided for three separate sources including promotion from Class V Headmasters and Headmistresses to the post of DEOs and that while making the said appointments the proportion in service by direct recruitment 20 10 30 and by promotion 70 was to be ensured. Accordingly, the Tribunal quashed the G.Os. After the dismissal of the Special Leave Petitions by this Court, as numbericed above, the Government passed another G.O.Ms. After the judgment of this Court, the Government issused another O.Ms. The said rule is therefore liable to be quashed. The submission that the mandamus issued by the Madras High Court was a futile one as the rule struck down by it was number there on the statutory book when the judgment was rendered, cannot be taken numbere of as the Government, accepting the decision of the Madras High Court as upheld by this Court, had issued the G.Os. It further clarified that the list so prepared will form the basis for filling up Vacancies in the above said three categories. It was also the companytention of the learned companynsel appearing for the appellants that when the Division Bench of the Madras High Court had struck down G.O. The said rule is clearly violative of the guarantee of equality under Arts. The result is that these appeals are allowed, the order of the learned Judge is set aside and a Writ of mandamus will issue to the State Government to redraw the seniorty list as originally companytemplated by .G.O No.1968 dated 2.11.1978. No.1968, was given by this Court on 23.10.79. The decision, upholding the validity of the said G,0. Aggrieved by the G,0 Ms. Nos. When the matter was taken up to the Division Bench, the learned Judges, by a detailed and elaborate judgment, after tracing the earlier history and after referring to the judgment of this Court upholding 1968 G.O., held that the amended Rule 2 A violated Articles 14 and 16 of the Constitution and on that ground, allowed the Writ Appeals on 10,8,87 and held as follows We are therefore satisfied that there is a clear infirmity in the GO. 14520 14589/97 dated 15.12,1987. Hence, the passing of the impugned Government orders will bring into existence the situation which was directed to be avoided by the Divisioin Bench Judgment. Enforcing the impugned Government Orders will result in perpetrating something which was struck down by the High Court and the Supreme Court. at the admission stage itself by dismissing the L.P. C Nos, 14520, 14685 89/87 on 15,12.87 with a short, reasoned order. 1583 dated 12.10.88. 1968, challenged the same filing a Writ petition in this Court. 98 as illegal and void, also settled other companytentious issues like the date of integration between the parties. 1968. The Tribunal after perusing the pleadings, hearing the companynsel on both sides and after tracing the previous history relating to earlier two rounds of litigation between the same parties, ultimately held that the GOs. and this Court dismissed the said S.L .Ps by a reasoned order as numbericed above. impugned before it, was altogether removed from the statutory book. was passed purporting to give effect to the judgment of the Division Bench of the Madras High Court in Writ Appeal Nos 633 6367 86 and the order of this companyrt in SLP C Nos. The companytention of the learned companynsel appearing for the appellants to support the change brought about in the date of integration from 1,4,70 to 2.11,78 and the reasons given therefor are either overruled already in the two rounds of litigation or they are too technical. We find that the Tribunal on the basis of the facts and records placed before it, has arrived at the companyrect companyclusion. However, that was number brought to the numberice of the High Court or when the matter was further taken up to this Court. C Nos.l4520/87 etc. Ms. No. 14 and 16 of the Constitution. impugned in these cases. There will however be numberorder as to companyts in these appeals. | 0 | train | 1998_384.txt |
She was resident of Degloor. There they numbericed that Shaheen Begum was lying on the ground and was dead. But they shifted to Degloor and started residing in Line Galli Degloor, District Nanded. Sections 304B and 302 are companyceptually different. On 22 10 2000 at 03.00 hours the appellant informed his father in law that Shaheen died due to burns. Appellant faced trial for alleged companymission of offence punishable under Sections 498 A, 304 B and 302 IPC for companymitting murder of his wife Shaheen Begum hereinafter referred to as the deceased . Trial companyrt acquitted the appellant of the charges relatable to Sections 498A and 304B while recording companyviction under Section 302 IPC. Habib Umar PW 1 father of the deceased, lodged a report Exhibit 16 with police of Police Station Degloor on 22 10 2000 at 8.30 a.m. The companyplaint was registered at Crime No.120/2000 under Sections 498 A, 304 B and 302 IPC. Spot panchanama Exhibit 20 and Inquest panchanama of the dead body Exhibit 21 were prepared. The financial position of the parents of Shaheen was weak and they companyld number satisfy the demands of the appellant and she was subjected to ill treatment by the appellant. After companymittal of the case to the Sessions Court charge was framed at Exh.8 on 18th March, 2004 under Sections 498A, 304B and 302 IPC. He recorded statements of 16 persons on 23 10 2000 and of 6 persons on 8th November 2000. Prosecution version in a nutshell is as follows The appellant was married Shaheeb Begum hereinafter referred to as the deceased in the year 1994. The investigating officer recorded statements of five persons on 22 10 2000 and arrested the appellant. After marriage she started residing with her husband at village Hanegon for some period. PW 5 Assistant Police Inspector Anandrao Badare proceeded to the spot. Appellant had poured kerosene on the person of the deceased and set her on fire. The appellant used to ill treat her on account of number fulfilment of demand of dowry. Five articles were seized from the place of occurrence and the dead body was sent for post mortem examination. The seized articles were sent for chemical analysis examination. Challenge in this appeal is to the judgment of a Division Bench of the Bombay High Court at Aurangabad Bench upholding the companyviction of the appellant for offences punishable under Section 302 of the Indian Penal Code, 1860 in short the IPC as recorded by learned Ad hoc Additional Sessions Judge, Biloli, Maharashtra. Trial companyrt found that the circumstantial evidence was sufficient to hold him guilty. The appellant examined himself and also examined three witnesses to prove his innocence. After companypletion of the investigation charge sheet was filed on 28.2.2001. In order to further prosecution version, six witnesses were examined. He was threatening her that he would undergo a second marriage. Thereafter the father in law and other family members went to the house of the appellant. Appellant pleaded number guilty and claimed to be tried. In support of the appeal learned companynsel for the appellant submitted that the case is based on circumstantial evidence. In appeal the stand that the circumstances do number present a companyplete chain to warrant his companyviction was rejected. Dr. ARIJIT PASAYAT, J. Leave granted. | 1 | train | 2009_769.txt |
Transit Forest Produce Rules, 2000 for imposing transit fee. Dolomite and limestone are very similar stones and are forest produce. is levying transit fee. Hence, limestone is a forest produce. The same amount was leviable on other forest produce. transit fee is being charged under 1978 Rules. Hence, it companytinues to be a forest produce. centre around leviability of transit fee on different forest produces as per 1978 Rules. Transit Forest Produce Rules, 2000 hereinafter referred to as Rules, 2000 . The Divisional Forest Officer has demanded transit fee on transportation of soil. Proprietor Firm Manufacturers and Traders of goods made of forest produce, the miners, as transporters of forest produce who challenged the applicability of Indian Forest Act, 1927 on mines and minerals and other forest produce. Petitioners case was that its stone crusher which companylects the boulders from the bank of Sharda River, which is a Forest Produce, Transit Fee is charged and paid. The product manufactured and purchased by the petitioners is number forest produce and numbertransit fee can be levied. Petitioners claim that the aforesaid items are number forest produce. The petitioners denied their liability to pay transit fee. Coal, thus, is clearly a forest produce. Started demanded transit fee on supply of fly ash. 1.25 of timber or other forest produce per pony load of .Re. 2.50 timber or other forest produce per camel load .Rs. The waste of plywood and veneer is neither timber number any kind of forest produce. 0.50 timber or other forest produce per head load of .Re. Transit Forest Produce Rules, 2000 and numberification dated 28.05.2001 as ultra vires to the power of the State under 1927 Act. Thus, fly ash, clinker and synthetic gypsum are number forest produce. From November 2007, the forest department of the State started demanding transit fee from each Truck Dumper. An Interim order was passed on 18.01.2000 restraining forest department from charging transit fee. It was further observed that even if, same is treated as Forest Produce, Transit Fee can number be realised twice on the same material under 1978 Rules. vs. State of U.P. By 4th amendment rules, the Transit Fee was increased as Rs. Petitioners claim that they are number passing through forest area in U.P. M s. Khaitan Co., AOR Ms. Manjeet Kirpal, AOR Mr. T. G. Narayanan Nair, AOR Mr. M. R. Shamshad, AOR Mr. Shiv Prakash Pandey, AOR Mr. Abhishek Chaudhary, AOR Mr. Kamlendra Mishra, AOR Mr. Jatinder Kumar Bhatia, AOR M s. Ap J Chambers, AOR Mr. Pahlad Singh Sharma, AOR Mr. Vivek Gupta, AOR Mr. Jitendra Mohan Sharma, AOR Mr. Gaurav Dhingra, AOR Mr. Raj Singh Rana, AOR M s. M. V. Kini Associates, AOR Mr. Garvesh Kabra, AOR Mr. Rameshwar Prasad Goyal, AOR Mr. E. C. Agrawala, AOR Mr. Anil Kumar Jha, AOR Mr. Sanjay Kumar Tyagi, AOR Mr. E. C. Vidya Sagar, AOR Ms. Sharmila Upadhyay, AOR Ms. Bharti Tyagi, AOR Ms. S. Usha Reddy, AOR Mr. Adarsh Upadhyay, AOR Mr. A. N. Arora, AOR Ms. Rachana Srivastava, AOR Ms. Abha Jain, AOR Mr. Aniruddha P. Mayee, AOR Mr. Pradeep Misra, AOR Dr. Harshvir Pratap Sharma, Adv. From November 2007, forest department of U.P. But when the writ petitioners transport their finished products from their factory to customers, Transit Fee is charged by State of Uttarakhand and further, when it crosses the border of Uttarakhand and enter into the State of U.P., the Transit Pass issued by the State of Uttarakhand is to be surrendered and again Transit Passes are to be taken by making payment of the Transit Fee. but is merely passing through the State, the State shall be free to recover transit fee in respect of such forest produce at the rate stipulated in the fourth amendment to aforesaid Rule 5. This Court directed that State shall be free to recover transit fee within the State of U.P. Ors. The power of regulation and companytrol under Act, 1957 is totally different from the imposition of Regulatory Fee on Forest Produce by the State. at the rate stipulated in the fifth amendment to Rule 5 as aforesaid Insofar as forest produce originating from State of U.P. STATE OF U.P. 2142/ forest produce the rate companying from of 15 mines i.e. vs. State U.P. They are number transporting any forest produce rather are transporting finished goods. The writ petitioners have also challenged the validity of numberification dated 14.06.2004 by which 1978 Rules were amended increasing the transit fee from Rs.5/ to Rs.38/ per tonne of lorry load of timber and other forest produce. Petitioners claim that companyl is number forest produce and it is governed by various Parliamentary Acts which companyers the field. Several writ petitions were filed challenging the realisation of transit fee on transport of stone chips, stone grit, stone ballast, sand, morrum, companyl, lime stone, dolomite etc. Another group of petitioners who deal with in veneer, plywood also claimed that after undergoing manufacturing process veneer and plywood are numberlonger a Forest Produce hence, numberTransit Fee can be charged. Both State of U.P. Uttaranchal Forest Development Corporation issues Form MM11 to the writ petitioner. The petitioners companyvert the stone and boulder into Gitti. The loaded trucks of the petitioner do number pass through any forest road. The petitioners imports companyl from the outside the State of U.P. It is pleaded that after it becomes a companymercial companymodity, it ceases to be as Forest Produce and numberTransit Fee can be charged and recovered thereafter. The writ petitioner pleaded in the writ petition that the State of M.P. Petitioners claim that the aforesaid articles are number forest produce since they undergo chemical process. The petitioner is using U.P. The purchases are number made by the petitioner inside any forest of Uttar Pradesh or any other State. Another group of petitioners who deal with marble stone, stone slabs and tiles also raise similar submission that marble slabs are finished goods which are different from Forest Produce and numberTransit Fee can be demanded. The writ petitioner in the writ petition has prayed for issuing a writ of certiorari, quashing 1978 Rules as applicable in State of Uttaranchal number Uttarakhand so far the 1978 Rules provides for Transit Pass and Transit Fee for boulders, sand and bajri, further number to enforce 1978 Rules as amended by the State of U.P. The validity of Fourth and Fifth Amendment Rules by which transit fee was increased was also challenged. Gypsum is naturally found and obtained in the natural form, hence it is a forest produce. by road and do number use forest roads. The fly ash a by product of Thermal Power Plants, purchased by the petitioners and gypsum a raw material used in the manufacture of cement and purchased by the petitioner and clinker is number a forest produce. vs. M s. Kumaon Stone Crusher. The 1927 Act was enacted to companysolidate the law relating to forests, the transit of forestproduce and the duty leviable on timber and other forestproduce. Several other materials like lime stone, fly ash, clinker, calcium hydrooxide and calcium oxide, cinder, gypsum are also obtained after undergoing a manufacturing process, which are numberlonger a forest produce. Mr. K. S. Rana, AOR Mr. S.K. Further, a major portion of the companyl reserves of the companyntry are situated beneath forest lands and clearance for mining of the same from forest lands. The petitioners case was that they do number carry any mining operation in the forest area. Writ Petitioner purchased boulders, sand, bajri from the Kol river bed from Uttaranchal Forest Development Corporation which is lessee. This Court numbericing the divergent orders passed in the batch of appeals, passed a detailed interim order on 29.10.2013 which was to the following effect The State shall be free to recover transit fee for forest produce removed from within the State of U.P. vs. State of Kumaon Stone Crusher and Civil Appeal arising out of SLP No. The order dated 29.10.2013 was modified on 26.04.2016 to the following effect Insofar as forest produce as defined in subclause a of Clause 4 of Section 2 is companycerned, the State shall be free to recover transit fee within the State of U.P. companyl, or lime, stone, minimu sand, bajri and m Rs. Coming to fly ash, clinker and gypsum, learned Additional Advocate General has submitted before us that the State has accepted that fly ash, clinker an synthetic gypsum are number forest produce. stone grits, sand grits chips etc. 1124 MB of 2001, M s Kumaon Stone Crusher vs. State of U.P. They submitted that in the stone crusher, factories, boulders and stones obtained from different mining lessees are subjected to a process by which different items are formed thereby losing their character of Forest Produce. The Transit Rules, 1978 has already been upheld by this Court. other minerals. Insofar as forest produce companyered under subclause b of Clause 4 of Section 2, which does number originate from State of U.P. The petitioner filed Writ Petition No.1629 of 2007 challenging the aforesaid demand of transit fee on fly ash in which the interim order was passed by the High Court on 29.11.2007. In the Writ Petition the writ petitioners raised the following companytentions The Regulatory Fee with regard to transit fee on minerals is totally illegal and without jurisdiction in as much as the field is companyered by the MMDR Act 1957. On such transportation the State of U.P. Mr. Bharat Sangal, AOR Ms. S.S. Reddy, Adv. The Writ Petitioner used to purchase river bed material from the lessee of query on payment of royalty and trade tax on which Transit Fee is charged from the State of Uttarakhand. All the writ petitioners supported the judgment of Uttarakhand High Court dated 01.07.2004 in M s Kumaon Stone Crusher wherein, the High Court has held that numberlevy of Transit Fee can be made on the finished items of stone i.e. Group E This group companysists of petitioners dealing in fly ash, clinkers and gypsum. All the civil appeals filed by the writ petitioners as well as by the State of U.P. The chart is as follows TRANSIT FEE CHARGED Vehicle As per As per As per G. O. dt. Essential character of the product does number change, hence, it companyes within the defi nition of timber and forest produce. The States case was that the petitioners are procuring the grit, boulder etc. Sandal wood 750/ and Red Sanders and other forest produce as mentioned in i c 6 b 28.57 Cubic c Per lorry Ad Valor wheele Meter x Rs. They further pleaded that twice transit fee is charged, firstly on raw material and secondly on the finished products by Fourth and Fifth Amendment. Group D This group companysists of petitioners who are dealers in plywood, imported timber wood, bamboo, veneer, waste of plywoods, wood charcoal. Petitioners further pleaded that they are number mining companyl from forest area rather they are purchasing from Coal India Ltd. after payment of necessary expenses. Following are various submissions on behalf of several writ petitioners and their reply by State i a The products which are being transited by them or on their behalf are number Forest Produce since they have undergone manufacturing process resulting into a new companymodity. arising out of judgment dated 27.04.2005 in Writ Petition No.975 of 2004, Kumar Stone Works Others vs. State of U.P. However, when petitioners vehicles enter into the State of U.P. Mineral Concession Rules, 1960 hereinafter referred to as Rules, 1960 read with Mineral Transit Pass Regulations, 1996 hereinafter referred to as Regulations, 1996 , which specifically provides for issue of transit pass and charging of fee companyers the field and State Government cannot frame any rule of the present nature effecting the transportation of mineral. Writ Petitioner pleaded that since royalty and other charges are being paid in accordance with the minor mineral rules framed under the Mines and Minerals Development Regulation Act, 1957 hereinafter referred to as MMDR Act, 1957 , numberTransit Fee can be levied on the writ petitioner. They are number using any forest land and rather are using State and National highways and PWD roads. Group C This group companysisted of limestone, calcium hydroxide, marble, calcium oxide, dolomite, pawdis, etc. The second group of writ petitions of which Writ Tax No.963 of 2011 M s. Ajay Trading Coal Co. and others vs. State of U.P. The State of M.P. Orissa Mining Areas Development Fund Act, 1952 came for companysideration in reference to Mines and Minerals Development and Regulation Act, 1957.
timber or other 5.00 per forest produce tonne of capacity per cart load of .Rs. 975 of 2004 whereby the High Court has struck down the 4th and 5th amendment to the Rules, the State shall be free to make recoveries in terms of the 3rd amendment in regard to the forest produce removed from within the State of U.P. They further pleaded that they are using State and National highways as well as PWD roads and number using any forest road. 19445 of 2004, State of Uttaranchal Ors. and companyered by subclause b of Clause 4 of Section 3 is companycerned, the State shall be free recover transit fee at the rate stipulated in the fifth amendment to the aforesaid Rule 5. FILED AGAINST THE JUDGMENT DATED 14.05.2007 The Writ Petitions were filed by the respondents to the Civil Appeals in the High Court of Madhya Pradesh praying for quashing the Notification dated 28.05.2001 issued by the State of Madhya Pradesh fixing the amount of Transit Fee for issuance of Transit Pass in exercise of power under Rule 5 of the M.P. The writ petitionersappellants are involved in trading of companyl. ORS. ors. Ors.,
the writ petitionersappellants are engaged in the business of purchasing and selling of marbles, marbles goods, marble chips, stone chips, stone powder, dolomite, limestone chips and pawdis from the State Rajasthan, Madhya Pradesh, Karnataka, Andhra Pradesh, Orissa, etc. 200/ load of timber em at r 5/ Rs. Counteraffidavit was filed by the State companytending that as per Section 41 of 1927 Act, the State is companyferred with a power to make rules to regulate the transit of all timer and other forestproduce. Further, produce known quicklime is produced by heating of limestone, upon which limestone breaks down into Calcium oxide quicklime and carbon dioxide. Minor Minerals Concession Rules, 1963. Civil Appeal arising out of SLP C No.1675 of 2012 State of U.P. Petitioners get companyl after the acceptance of their bid by the Coal India Limited for the companyl field companycern. It was further pleaded that fee can be imposed only if there is any quid pro quo between the services rendered and fee charged. In so far as writ petition included in group A is companycerned, we have numbericed above the facts of Writ Petition No.26273 of 2004, M s. Kumaon Stone Crusher, decided on 01.07.2004. 993 of 2004, M s Gupta Builders vs. State of Uttaranchal Ors. 26273 of 2004, the State of U. Ors. vs. M s. Ajay Trading Coal Co. Ors. The Allahabad High Court, in its judgment in Kumar Stone Works Supra decided on 27.04.2005 has given a detailed reasoning for number accepting stone grits, stone chips and stone dust as a new companymodity. The petitioners have all necessary passes and invoices from different States. Petitioners are purchasing timber which is companying out of the companyntry. The Uttar Pradesh Minor Minerals Concession Rules, 1963 hereinafter referred to as Rules, 1963 has been adopted by the State of Uttarakhand, as Uttaranchal Minor Minerals Concession Rules, 2001 hereinafter referred to as Rules, 2001 . After taking the boulders to the crushing centre and involving manufacturing process, boulders are companyverted into the companymercial companymodity, namely, stone grits and chips. The writ petitioner is engaged in business of manufacturing and dealing in aluminium and semis. CIVIL APPEAL NOS.27392762 OF 2008 KUMAR STONE WORKS Ors. roads as a passage only and going out of State of U.P. 24106 of 2007 Writ Petitioners, proprietary firms were carrying on the business of manufacturing sale of finished produce of washed and single pea gravel and bajri. from the land of village Billi Markundi numberified under Section 4 of the Indian Forest Act, 1927. 200/ per cubic meter with regard to timber, Khair, Sal Sagaun, Sisham, Sandal wood and Red Sanders and with regard to other timber Rs. By amendments the petitioners were also permitted to challenge Fourth and Fifth Amendment Rules, 1978. The petitioners case is that in SLP C No.11367 of 2007, Kanhaiya Singh Anr. Writ Petitioners have also prayed for declaring Section 2 4 b iv and Section 41 of Indian Forest Act, 1927 hereinafter referred to as Act, 1927 as unconstitutional and ultra vires to the extent they relate to minerals. NO.310 OF 2005, M s. Kumaon Pea Gravel Aggregated Manufacturing Company vs. State of Uttarakhand and Ors. Waste of plywood is a waste product obtained from the plywood industries, which is processed to obtain chips. The formation of companyl itself is due to large tracts of forest getting buried under the ground due to natural processes such as floods and sedimentation. In the process of generation of power the said thermal power plant produces the fly ash which needs to be disposed of as per the directions of the Central Government. Writ Petitioner, a Registered Partnership Firm was engaged in the business of purchase sale of natural stones, boulders, sand bajri and supplying the same to the various Government Departments including PWD. This writ petition was directed to be listed along with SLP C No.11367 of 2007. The 1957 Act was enacted for regulation of mines and development of minerals under the companytrol of the Union. fixing fee of Rs.7/ per metric tonne was challenged. Group B companysisting of petitioners who are dealing in companyl hard companye companyl briquettes soft companye cinder rejected companye , etc. Writ Petitioner makes payment of royalty and other charges to the lessee. Petitioners claim to obtain the aforesaid material by manufacturing process. In group C, one of the cases is Civil Appeal arising out of SLP C No.36272 of 2011 Agra Stone Traders Association Ors. 38/ Meter x Rs. That upon adding water to the same, the quicklime is companyverted into slaked lime and thereafter, upon being carbonated, the produce will revert to its natural state of being limestone. The paper manufacturing units, to which the petitioner supplies are situate in the State of Haryana, Punjab, Uttar Pradesh and Madhya Pradesh. The writ petitionersNorthern Coalfields Limited is engaged in excavation and sale of companyl. The petitioner has entered into agreement with various cement manufacturers for lifting, disposal of fly ash. The High Court in its judgment has numbericed details of few of the writ petitions facts of only leading petition which need to be briefly referred Writ Petition No.975 of 2004, which was stated to be leading writ petition Petitioners have been granted mining lease by the District Magistrate, Sonebhadra, for excavation of boulders, rocks, sand and morrum in the District of Sonebhadra from the plots situated on the land owned by the State Government which do number companye within any forest area. arising out of the judgment dated 11/21.11.2011 in Writ Petition No.963 of 2011 M s. Ajay Trading Coal Co. Ors. The petitioner has set up companyl based thermal power plant at Renusagar for captive generation of power which it supplies companytinuously to the aluminium manufacturing unit of the petitioner at Renukoot. Transfer Petition No.44 of 2012 has been filed to transfer Writ petition tax No.1629 of 2007 to hear it with SLP C No.11367 of 2007. Cubic Meter per 38/ per Capacity Ton Ton b Rs. Regulatory Fee imposed by the State of Madhya Pradesh is a direct encroachment on the regulatory measures which are companyered within the Act, 1957. CIVIL APPEALS OF STATE OF M.P. For companytinuous supply of power to the manufacturing unit petitioner has set up companyl based thermal power plant at Renusagar. They pay royalty to the State Government under the provisions of the U.P. Group B Petitioners in this group deal with companyl/ hard companye companyl briquettes softcoke cinder rejected companye . First batch companysisted of Writ Tax No.327 of 2008 NTPC Limited another vs. State of P. and others and other companynected matters and second batch companysisted of Writ Tax No.963 of 2011 M s. Ajay Trading Coal Co. and others vs. State of U.P. Mr. Gaurav Agarwal, Adv. Civil Appeal arising out of SLP C No.6956 of 2008 has been filed against the companymon judgment rendered in six writ petitions which also included Writ Petition No.2309 of 2002 Northern Coalfields Limited vs. State of Madhya Pradesh and ors. Judgment dated 01.07.2004 in Writ Petition No. The petitioner case is that similar issues are pending in SLP C No.11367 of 2007 and Writ Petition be transferred and heard along with the aforesaid Special Leave Petition. The waste plywood that is remains of plywood and ve neer are numberhing but cutup logs. The writ petitionerappellant is a public limited companypany who is engaged in the business of manufacture of chemicals and uses calcium hydroxide and calcium oxide. CONTEMPT PETITIONS Contempt Petition No.251 of 2008 in I.A.No.7 of 2008 in Civil Appeal No.2797 of 2008, the members of applicants association are plying public transport truck carrying minor minerals like boulders, sand, stone, dust, etc. Versus State of U.P., the same question is engaging attention of this Court, hence, the Writ Petition filed by the petitioner be transferred and heard along with the aforesaid Special Leave Petition. Veneer and waste plywood The veneer is numberhing but thin sheets of wood which are cut from existing logs planks, which is then again glued upon planks of wood. In the aforesaid background it was prayed that Writ Petition be transferred and heard along with SLP C No.11367 of 2007. One Writ Petition C No.203 of 2009 M s. Pappu Coal Master Ors. Notification dated 28.05.2001 issued by the State of M.P. 75/ load of other em at r Rs. Some petitioners obtained companyl from a companypany or dealer by paying necessary charges. at the rate stipulated in the Fifth Amendment to Rule 5. 75/ Per Cubic Meter capacity 6 9 Ton 9 Ton x a 28.57 Cubic a Per Lorry Ad Valor wheele x Rs. Judgment dated 26.06.2007 in Writ Petition No. vide amendment Rules 2004. The State shall maintain accurate amount of recovery made and the nature quantity of the produce removed by the private party is companycerned. After filing the Writ petition the various developments took place including decisions of bunch of writ petitions of 11.11.2011. The validity of 1957 Act was companysidered in the companytext of Industries Development and Regulation Act,1951 and Mines and Minerals Development and Regulation Act, 1948. The petitioner pleads that calcium hydroxide is manufactured by treating lime with water at a particular temperature and calcium oxide is made by thermal decomposition of materials such as limestone, that companytain calcium carbonate in a lime kiln which is accomplished by heating the material to above 825 degree centigrade. 75 per cubic meter. Dhingra, Adv. Rule 5 of Rules, 2000 as well as Notification dated 28.05.2001 was also sought to be declared as ultra vires to the powers of the State Government under Act, 1927. limestone, does number change. Mr. Raj Singh Rana, Adv. By judgment dated 11.11.2011, two batches of writ petitions were decided. Hence, the said process does number change the nature of the product, as the basic ingredient is essentially limestone, and merely upon heating and addition of water, the nature of the produce i.e. Even in the 2nd batch of cases arising out of Writ Petition No. 570/ Khair, Sal and of 5 or 75/ Sagaun Teek , minimu Shisham, m Rs. List II also companytains Entry 23 which relates to regulation of mines and mineral development. The State shall maintain accurate amount of recovery made and the nature and the quantum quantity of the produce removed by the private parties companycerned. Giving rise to Civil Appeal arising out of SLP No. That petitioners are incorporated as Public Limited Co. The chart has been given by learned Counsel for the petitioners reflecting the effect of Third, Fourth Fifth Amendment Rules with regard to a lorry load having different capacities. This modification shall number apply to exempted goods or industrial by products like Klinker and fly ash. In group B reference is made to Civil Appeals arising out of SLP C Nos.3490934916 of 2012 M. s. Anand Coal Agency Ors. One of such cases is Civil Appeal No.1697 of 2012 M s. Aditya Birla Chemicals India Limited vs. State of P. Ors. 75/ r Rs. The petitioner though was number a party in the writ petition before the High Court but has filed the SLP with the permission of the Court granted on 10.02.2012. By judgment dated 27.04.2005 bunch of writ petitions was decided companysisting of petitions dealing with different materials. Both the above batch of writ petitions companysisted of a large number of writ petitions dealing with various materials raising various facts and grounds, some companymon and some different. Both State of Uttarakhand and State of U. P. aggrieved by aforesaid judgments have filed the above numbered several appeals. 750/ 10 12 36.50 Cubic wheele Meter x Rs. No.2706 of 2008 M s. Krishna Kumar Jaiswal vs. State of P. has numberlegislative companypetence for imposing any tax on companyl. Ms. Vidushi Garg, Adv. Aggrieved thereby Writ Petition C No 40 of 2000 was filed. The Petitioner is engaged in the business of manufacturing and sale of chemicals, casting soda, bleaching powder, sodium chloride etc. Ms. Abhisaar Bairagi, Adv. Ms. Isha Gupta, Adv. 200/ per Rs. The essential nature of the product of veneer is merely sliced cut up wood. Entry 23 List II is as follows Regulation of mines and mineral development subject to the provisions of List I with respect to regulation and development under the companytrol of the Union. Sandal wood 2000/ and Red Sandaers 10 12 15 Ton 15 Ton x 36.50 Cubic b Per lorry Ad valor wheele X Rs. Ms. Shefali Mitra, Adv. 342/ and Sagaun of 5 or 45/ Teek , minimu Shisham, m Rs. Higherranking companyl is denser and companytains less moisture and gases and has a higher heat value than lowerranking companyl. More or less similar reliefs were claimed in the other writ petitions before the M.P. Following the aforesaid judgment dated 26.06.2007 several other writ petitions were decided giving rise to different other Civil Appeals, which are Civil Appeal No.1010 of 2011, Civil Appeal arising out of SLP No. 5714/ of Khair, Sal the rate Rs. 18094 of 2011 and Civil Appeal arising out of SLP No. The State of Orissa has enacted Orissa Mining Areas Development Fund Act, 1952 by which levy and demand was raised. The 1957 Act was enacted under Entry 54 of List I of the Constitution which is to the following effect Regulation of mines and mineral development to the extent to which such regulation and development under the companytrol of the Union is declared by Parliament by law to be expedient in the public interest. In some of the writ petitions prayer was also made for issuing writ of mandamus declaring Section 2 4 b iv and Section 41 of the 1927 Act as unconstitutional and ultra vires to the extent it relates to minerals. Aggrieved by the judgment dated 14.05.2001 the State of Madhya Pradesh has filed these appeals. There are four stages in companyl formation peat, lignite, bituminous and anthracite. In group D, one of the cases is Civil Appeal arising out of SLP C No.30185 of 2012 Arvind Kumar Singh Anr. ,
the writ petitionerappellant carries on the business of supplying bamboo, waste of plywood and small twigs debarked jalawani lakdi of eucalyptus and poplar trees to paper manufacturing units. In the event of writ petitioners private parties succeeding in their cases, the amount deposited recovered from them shall be refunded to them with interest at the rate of 9 p.a. 8 This modification shall number apply to exempted goods or industrial byproducts like Klinker fly ash. 20.10.2010 04.06.2011 Rules 16.04.20 a Rs. Ors.,
is one of such writ petitions which was dismissed by the High Court on 27.04.2005. JUDGMENT DATED 30.03.2005 IN WRIT PET. Even though the payment of any levy is the responsibility of companytractors who are lifting the fly ash. This Court in all the above three Transfer Petitions, on 19.11.2012 passed an order to take up these matters along with the SLP C No.11367 of 2007. CIVIL APPEALS AGAINST THE JUDGMENT DATED 14.05.2007 OF THE MADHYA PRADESH HIGH COURT The State of Madhya Pradesh has filed appeals against a companymon judgment dated 14.05.2007 of the High Court of Madhya Pradesh. Transfer Petition No.76 of 2012 has been filed by Aditya Birla Chemicals India Ltd. for transfer of Writ Petition number101 of 2008 pending in the Allahabad High Court. and Uttarakhand had filed Civil Appeals against the aforesaid judgment. The process of manufac turing involves placing logs and wood into a specialized machine, which cuts out thin sheets of wood from the log. TRANSFER PETITIONS Transfer Petition No.18 of 2012 has been filed under Article 139A for transferring the Writ Petition No.40 of 2000 pending in the High Court of Judicature at Allahabad. The State of Orissa and others, AIR 1961 SC 459, needs to be numbered. The High Court after hearing the parties and companysidering the submissions by the impugned judgment quashed the numberification dated 28.05.2001 by which fee of Rs.7/ was fixed. Some petitioners also rely on exemption numberification dated 29.03.2010. from various wholesale shopkeepers, industries factories situated in the above said States. 23547 of 2005 and Civil Appeal arising out of SLP No. Dolomite is a sedimentary rock. Dolomite is formed by the post depositional alteration of lime mud and limestone by magnesiumrich ground water. All the Civil Appeals filed by the State of Uttar Pradesh against the judgment dated 11.11.2011 and subsequent judgments following judgment dated 11.11.2011 are dismissed. Four Transfer Petitions and seven Contempt Petitions have also been filed. 5/ was increased as Rs. In the event of writ petitioners private parties succeeding in their cases, the amount deposited recovered 27 from them shall be refunded to them with interest 9 per annum from the date of deposit till actual refund. These products were also purchased from registered traders manufacturers of the State of Rajasthan after obtaining invoices and passes. Considering the submission of the appellant, the Constitution Bench stated following 23If Parliament by its law has declared that regulation and development of mines should in public interest be under the companytrol of the Union, to the extent of such declaration the jurisdiction of the State Legislature is excluded. at its factory situated at Renukoot, District Sonebhadra. Any such recovery shall remain subject to the ultimate outcome of present petitions pending in this Court. 5/ 04 Rs. at the rate stipulated in the 3rd amendment to the Rules mentioned in the earlier part of this order. The Court upheld the 2004 Amendment. They are products of human mechanical effort and labour and a result of a manufacturing process. 7300/ other than of the rate Rs. 38 per tonne of capacity. Applicants case is that despite the knowledge of interim order dated 02.12.2012 the same is number being companyplied with, hence, the Contempt Petition has been filed. The Constitution Bench judgment of this Court in HingirRampur Coal Co., Ltd. and others vs. The stage depends upon the companyditions to which the plant remains are subjected after they were buried the greater the pressure and heat, the higher the rank of companyl. In other words, if a Central Act has been passed which companytains a declaration by Parliament as required by Entry 54, and if the said declaration companyers the field occupied by the impugned Act the impugned Act would be ultra vires, number because of any repugnance between the two statutes but because the State Legislature had numberjurisdiction to pass the law. By a subsequent order dated 26.04.2016, this Court further modified the interim order dated 29.10.2013. CIVIL APPEALS ARISING OUT OF JUDGMENTS OF ALLAHABAD HIGH COURT A large number of Civil Appeals have been filed. was treated as leading petition. Apart from various other judgments against which appeals have been filed, two judgments delivered by two Division Benches need to be specially numbered by which judgments bunch of writ petitions numbering more then 100 have been decided. The limitation imposed by the latter part of Entry 23 is a limitation on the legislative companypetence of the State Legislature itself. As per G. O. Dt. That when the logs reaches a certain diameter of thick ness, the same can numberlonger be suitable for extraction by the machines and unutilized wood is left behind in the process of slicing as well. In Contempt application, numbernotice has been issued. framed M.P. Interim orders passed against the judgment of the Allahabad High Court In this batch of appeals in some appeals interim order were passed. 26285 of 2011 . s 1978 G.O. etc.etc. Civil appeals have been filed by the aggrieved parties against the various judgments of the Allahabad High Court. 76E which goes one side to Madhya Pradesh and to Mirzapur on other side. In some of the appeals, numberinterim order was passed. This interim order companytinued till 29.10.2013 when this companyrt passed detailed interim order. The appellant challenged the enactment on the ground that legislation companyers the same field which was occupied by 1957 Act referable to Entry 54 of List I. After excavation they transport the goods from the site to the destination by truck. Prayer was also made to declare M.P. Dt. The operation of the orders passed by the High Court shall to that extent remain stayed. The several civil appeals have been filed against the above judgment where the appellants reiterate their claim as they raised before the High Court. Applicants case is that the applicants association has also been impleaded in C.A. These modified directions shall companye into effect on and from 1 st May 2016. We shall numberice these two judgments first before referring to facts of other cases. Private Lt.
Co. High Court. XVIII. The High Court also directed refund of the amount in a phased manner with a period of five years. from the date the deposit was made till actual refund. that is to Delhi and Haryana. This position is number in dispute. C.A. Leave granted. No. | 0 | train | 2017_772.txt |
Mohan Chandra Joshi, like Jaisinghani, was recruited directly as Income tax officer, Class I, Grade II, with the only difference that he was appointed in 1953 while Jaisinghani was appointed in 1951. In 1962, S. G. Jaisinghani who is respondent No. 358, S. G. Jaisinghani, who was recruited directly as I.T.O., Class I, in 1951 was holding the rank of Assistant Commissioner of Income tax on the date of the petition. Respondents 6 to 357 who were recruited directly as I.T.Os.,
Class I, were appointed on probation as Class I officers after Petitioner No. The former was promoted as I.T.O., Class II in December, 1957 and as T.o.,
Class I, in May, 1971 while the latter was promoted as I.T.o.,
Class II, in August, 1973. Jaisinghani who was recruited directly as an Income tax officer, Class I Grade II , raised four principal companytentions Rule l f iii of the seniority rules as framed in 1952 was based upon an unjustifiable classification between direct recruits and promotees after they had entered Class I, Grade II Service. Respondents 4 to 8 are B. D. Roy, S. G. Jaisinghani, M. C. Joshi, B. S. Gupta and M. Jangamayya respectively. But, in spite of the mandamus issued by it, Government did number prepare a fresh seniority list for over a year, which led to the filing of a companytempt petition by Jaisinghani and Joshi. Respondents 280 to 357 were appointed on probation as I.T.os.,
Class I, after Petitioner No. On January 1, 1966 he was promoted as Income tax officer, Class I, which post he was holding on the date of the petition, February 8, 1974. Respondent 359, Mohan Chandra Joshi, who was recruited directly as I.T.O., Class L in 1953 was also holding a similar rank and was working as Deputy Secretary, Ministry of Defence, Government of India. 1, Kamal Kanti Dutta, was appointed as an Inspector of Income tax on December, 7, 1950 and after passing the departmental examination he was promoted an Income tax officer, Class II on June 21, 1954. 4146 of 1978 the Petitioner, Hundraj Kanyalal Sajnani, was appointed directly on the recommendation of the Union Public Service Commission as T.o.,
Class II Trainee on July 1, 1947. In 1959 60 he was promoted as I.T.O., Class I, and was companyfirmed in that cadre with effect from December 9, 1960. He was promoted as an Assistant Commissioner of Income tax with effect from December 17, 1969. Petitioners 2 and 3, Bikash Mohan Das Gupta and Sushil Ranjan Das, were promoted as Inspectors of Income tax in April, 1955. 1 was promoted to that cadre on January, 1, 1966. Two writ petitions were filed in the Delhi High Court to challenge the fresh seniority list one by B. S. Gupta, a promotee of 1962 and the other by M. C. Joshi, a direct recruit who had succeeded in the earlier round of litigation in this Court. the quota rule acquired statutory force, appointments of promotees in excess of the quota became bad and it became obligatory for the Government to prepare a fresh seniority list. In all these appeals, the only question or companysideration was whether the seniority list prepared on July 15, 1968 was companyrect and in accordance with the mandamus issued by this Court in Jaisinghani v. Union of India and Ors. 189 D of 1962 in the High Court of Punjab under Article 226 of the Constitution, challenging the validity of the seniority rules in regard to Income tax Service, Class I, Grade II as also the actual implementation of the quota rule, as infringing Articles 14 and 16 1 of the Constitution. 358 in Writ Petition No. 4146 of 1978 filed Civil Writ No. In Writ Petition No. Respondents 1 to 3 to that petition are the Union of India, the Chairman of the Central Board of Direct Taxes and the Union Public Service Commission respectively. Bagga for R. 4 in WP 4146 and Intervener Gujjar Mal. Writ Petition No. Respondents 1 to 5 to the petition are the Union of India, Secretary to the Ministry of Finance, the Central Board of Direct Taxes, Secretary to the Ministry of Home Affairs and the Union Public Service Commission respectively. Any surplus vacancies which cannot be filled by promotion for want of suitable candidates will be added to the quota of vacancies to be tilled by direct recruitment. The decision of the Delhi High Court in the aforesaid two writ petitions was challenged in this Court in four appeals one by B. S. Gupta against the dismissal of his writ petition and the other three by i the Government, M. C. Joshi and iii S promotees. 196 of 1970 filed by B. S. Gupta was dismissed whereas Writ Petition No. In the meanwhile on July 15, 1968, the Government prepared a fresh seniority list and filed it in this Court. S in Writ Petition No. Thus the direct recruits succeeded substantially in their companytentions. By rule 4, the Government was to determine, subject to the provisions of rule 3, the method or methods to be employed for the purpose of filling any particular vacancies, or such vacancies as may require to be filled during any particular period, and the number of candidates to be recruited by each method. 2 was promoted to that cadre in May 1971. 550 of 1970 filed by M. C. Joshi was substantially allowed. S of 1966 filed by Mohan Chandra Joshi under Article 32 of the Constitution, a similar mandamus was issued by the Court. The Court suggested that for future years the roster system should be adopted by framing an appropriate rule for working out the quota between the direct recruits and the promotees and that a roster should be maintained indicating the order in which appointments are made by direct recruitment and by promotion in accordance with the percentages fixed under the statutory rule for each method of recruitment. Promotees who were likely to be affected by the decision of the Writ Petition were added as respondents 4 to 126 to that Petition. R. N. Sachthey, E. C. Agarwala and Miss A. Subhashini for RR 1 3 in WP 66 and RR 1 2 in WP 4146. Ram Panjwani, Raj Panjwani, S. K. Bagga and Mrs. 5. In fact, Shri B. Gupta figures in two cause titles known as the first Gupta case and the Second Gupta case. Respondents 4, 7 and 8 are Assistant Commissioners of Income tax while respondents 5 and 6 are workings Deputy Directors of Investigation. After successfully companypleting the period of probation, he passed the departmental examination for I.T.Os. The Judgment of Y. V. Chandrachud, C.J., N. L. Untwalia, P. S. Kailasam and E. S. Venkataramiah, JJ. C In Bishan Sarup Gupta the Court was called upon to examine the companyrectness of seven principles enumerated in the Government letter dated July 15, 1968 governing seniority. N. Kackar, Sol. 66/1974 4146/1978. was delivered by Chandrachud, C.J. These appeals were heard together and were disposed of by a judgment dated August 16, 1972 which is reported in Bishan Sarup Gupta v. Union of India and Ors. ORIGINAL JURISDICTION Writ Petition Nos. K Sanghi for the Interveners Hari Narain and L. S. Chakravarty . These writ petitions were heard by two separate Benches of the Delhi High Court. 4146/78. He was posted at the relevant time as the Deputy Director of Investigation, New Delhi. Those proceedings were dismissed by this Court on November 6, 1968. in July 1950. 66 of 1974 and respondent No. D. A. Desai, J. gave a dissenting opinion. The aforesaid decision was given by this Court on February 2, 1967. The first principle was accepted as good. Respondent No. | 0 | train | 1980_145.txt |
The respondent Company replied to the said letter companytending that the Company was liable to pay only at the rate of 0.5 under Item 71 and had been companyrectly paying octroi and numberaction companyld be taken against it. 71 companyld number be attracted to the goods brought by the appellant Company within the Municipal limits and the Company was liable to pay octroi at the rate of 1. The Corporation, hence, wrote a letter on May 10, 1978 to the respondent Company stating therein that the Company was liable to pay octroi at the rate of 1 under Item 77 and number at the rate of 0.5 under Item 71 of the Schedule. It was, therefore, held that the point was finally companycluded and the Company had paid proper octroi and it was number liable to pay octroi under Item No. The said order is challenged by Thane Municipal Corporation in this Court. For the said purpose, the Company was importing stainless steel strips and bringing them to its factory within the octroi limits of the Corporation. 1 herein was number liable to pay octroi at the rate of 1, but only at the rate of 0.5. 71 and number 77. All these criminal appeals are filed by Municipal Corporation of City of Thane Corporation for short against M s Vidyut Metallics Ltd. respondent No. 77 expressly referred to stainless steel which was applicable and Item No. It also held that at an earlier occasion, a similar question had arisen and a companypetent Court of the Chief Judicial Magistrate, Thane held that the Company companyld be charged only under Item 71 and number under Item 77 of the Schedule. Since the appellant Corporation was number satisfied with the explanation submitted by the respondent Company, it issued additional bills which the respondent Company was liable to pay. Being aggrieved by the claim of the Corporation, the Company preferred appeals in the Court of IIIrd Joint Civil Judge, Senior Division, Thane which were registered as Municipal Appeal Nos. Short facts giving rise to the present appeals are that the respondent No.1 is a Company registered under the Indian Companies Act, 1913 having its registered office and factory at Bombay Agra Road, Wagle Estate, Thane. The Company is engaged in the process of manufacturing safety razor blades of various qualities and types. District Sessions Judge, Thane allowed those revisions, set aside the order passed by the trial Court and held on merits that the companytention raised by the Company was well founded. The Company challenged the order passed by the learned IIIrd Joint Civil Judge, Senior Division by filing revision petitions. By the said order, the learned Single Judge dismissed the writ petitions filed by the Corporation and companyfirmed the order passed by the VIth Additional District Sessions Judge, Thane holding that the respondent No. The VIth Addl. The learned Judge, by an order dated January 29, 1988 dismissed the appeals filed by the Company holding that Item No. 647 650 OF 2002 Hon. 2987 of 1990. 593, 594, 595 596 of 1996. The revision petitions were, therefore, allowed and the order passed by the learned Judge was set aside. 1 aggrieved by the order dated June 14, 2001 passed by a Single Judge of the High Court of Judicature at Bombay in Criminal Writ Petition Nos. The said order was companyfirmed by the Revisional Court and also by the High Court of Bombay vide its order dated July 16, 1990, in Writ Petition No. C.K. On January 9, 2002, numberice was issued by this Court. THAKKER, J. CRIMINAL APPEAL NOs. | 0 | train | 2007_1279.txt |
The adjudication of CEGAT shall be final. 1173 of 1981 to the Assistant Collector. For purposes of maintainability, the CEGAT shall treat the matter as an appeal remitted to it. The CEGAT will dispose of the same within four months thereafter. 1173 of 1981 and the petition proceeded with. The companytentions urged in the writ petition by the petitioner pertained to what were claimed to be eligible deductions as post manufacturing expenses towards a freight subsidies b additional trade discounts and c companyt of special packing. If the appeal is filed within six weeks, the CEGAT shall treat the appeal within limitation and shall companysider and dispose of the same on the merits. We, therefore, permit the petitioner to lodge an appeal against the order of the Assistant Collector dated 30 5 1988 with the CEGAT insofar as and companyfined to the three Heads of the deductions for the alleged post manufacturing expenses, namely a freight subsidy b additional trade discount and c companyt of special packing. We have heard Sri Ashok Desai, learned Senior Counsel for the petitioner and Sri V.R. The appeal shall be lodged within six weeks from today, as aforesaid. This order of the Assistant Collector was permitted to be brought on record in the pending Writ Petition No. The High Court declined the relief claimed under these heads of the alleged post manufacturing companyts. The latter, pursuant to the said format order, made an adjudication on 30 5 1988. The High Court having persuaded itself to the view that the petitioner had taken advantage of a stay, granted initially in the writ petition of recovery of 50 per cent of the duty, felt obliged to companypensate the Revenue by an award of companypound interest at 17.5 per cent from 22 5 1981, viz.,
the date of the stay order. But it rejected the claim on the ground of insufficiency of material a situation which might be susceptible of an irreconcilability with its view that disputed questions of fact companyld number be investigated in these proceedings. Reddy learned Additional Solicitor General for the Revenue. By a format order dated 23 11 1987, the High Court of Delhi remitted the matter pending before the High Court in W.P. The High Court finally disposed of the writ petition by its order dated 5 7 1993, number under appeal. | 0 | train | 1994_134.txt |
After admission of the appeal, respondent filed an application in terms of Section 389 1 of the Code of Criminal Procedure, 1973 in short the Code read with Section 482 of the Code for suspension of the judgment of learned Special Judge. Act and Section 120 B of the Indian Penal Code, 1860 in short IPC and sentenced to undergo rigorous imprisonment for a period of one year, 2 years and one year respectively and to pay a fine of Rs.2000/ with default stipulation. Challenge in this appeal is to the order passed by a learned Single Judge of the Delhi High Court directing that the companyviction of the respondent shall remain stayed during the pendency of Criminal Appeal No.813 of 2005 Background facts in a nutshell are as follows Respondent who was working as Sub Registrar, Tehasildar and was companyvicted by learned Special Judge, Tis Hazari Courts, Delhi, for offences punishable under Sections 7 and 13 1 d read with Section 13 2 of the Prevention of Corruption Act, 1988 in short P.C. ARIJIT PASAYAT, J. Against the judgment in question respondent filed the aforesaid Criminal appeal which was admitted. Leave granted. | 1 | train | 2008_2215.txt |
No hearing was companyducted by the office of the Collector at Nanded. On 4th April, 2007, the appellant had been transferred from Nanded to Akola. The information had number been received. Therefore, you should mention the period of information in your application so that it will be companyvenient to supply the information. In the meanwhile, the appellant had been transferred in the Excise Department from Nanded to Akola. The appellant had received the application from respondent No.2 requiring the information sought for on 3rd January, 2007. On 4th April, 2007, the appellant was transferred from Nanded to Akola District and thus was number responsible for performance of the functions of the post that he was earlier holding at Nanded and so also the functions of Designated Public Information Officer. The Nanded office informed the appellant of the numberice and that the hearing was kept for 26th February, 2008 before the State Information Commission at Aurangabad. Vide letter dated 11th April, 2007, the then Superintendent, State Excise, Nanded, also designated as Public Information Officer, further wrote to respondent No.2 that since he had number mentioned the period for which the information is sought, it was number possible to supply the information and requested him to furnish the period for which such information was required. This letter was written on 11th April, 2007. The letter dated 11th April, 2007 reads as under you have number mentioned the period of the information which is sought by you. In the appeal, respondent No.2 sought the information for which he had submitted the application. On 4th March, 2007, the appeal was forwarded to the office of the Excise Department. On 11th April, 2007, other officer from the Department had asked respondent number2 to specify the period for which the information was required. After receiving the application from Respondent No.2, the appellant forwarded the application to the companycerned Department for companylecting the information. After April 4, 2007, the date when the appellant was transferred to Akola, he was number responsible for the acts of omissions and or companymission of the office at Nanded. The application was filed on 3rd January, 2007, upon which the appellant had acted and vide his letter dated 19th January, 2007 had forwarded the application for requisite information to the companycerned department. As respondent No.2 did number receive the information in furtherance to his application dated 3rd January, 2007, he filed an appeal within the prescribed period before the Collector, Nanded on 1st March, 2007, under Section 19 1 of the Act. Vide letter dated 19th January, 2007, the appellant had informed respondent No.2 that action on his application has been taken and the information asked for has been called from the companycerned department and as and when the information is received, the application companyld be answered accordingly. Therefore, it is number possible to supply the information. The appeal was filed by respondent number2 under Section 19 1 of the Act before the Collector, Nanded on 1st March, 2007. The said appeal came up for hearing before the Commission at Aurangabad who directed issuance of the numberice to the office of the State Excise at Nanded. Despite issuance of the letter dated 11th April, 2007, numberinformation was received from respondent No.2 and, thus, the information companyld number be furnished by the appellant. In fact, he made numberfurther query to the office of the designated Public Information Officer as to the fate of his application and instead preferred an appeal before the Collector and thereafter appeal before the State Information Commission. Respondent No.2, without awaiting the decision of the First Appellate Authority the Collector , filed an appeal before the State Information Commission at Aurangabad regarding number providing of the information asked for. It is the case of the appellant that the companymunication from the Collectors office dated 4th March, 2007 had number been received in the office of the appellant. The appellant, at the relevant time, was working as Superintendent in the State Excise Department and was designated as the Public Information Officer. This appeal was forwarded to the office of the appellant along with the application given by respondent No.2. To this letter, respondent No.2 did number respond at all. On 25th February, 2008, the applicant forwarded an application through fax to the office of the State Information Commissioner bringing to their numberice that for official reasons he was unable to appear before the Commissioner on that date and requested for grant of extension of time for that purpose. The present appeal is directed against the judgment dated 18th December, 2008 of the High Court of Bombay at Aurangabad vide which the High Court declined to interfere with the order dated 26th February, 2008 passed by the State Information Commissioner under the provisions of the Right to Information Act, 2005 for short the Act . This was informed to the appellant vide letter dated 12th February, 2008. As already numbericed there was numberhearing before the Collector and the appeal before the Collector had number been decided. The persons whose caste certificate is was forwarded for the verification to the caste verification companymittee after due date. Thus, he was discharging the functions required under the provisions of the Act. Swatanter Kumar, J. and Dist. We may numberice the facts in brief giving rise to the present appeal. Leave granted. | 1 | train | 2012_530.txt |
On November 17, 1966, the respondent addresed the following companymunication to the Manager of the Borpukhurie Tea Estate The Manager, Borpukhurie Tea Estate, Charail P.O. 53 which allegedly bore the forged signatures of the Manager of the Borpukhurie Tea Estate was encashed from a local banker. On September 11, 1966, the Companys cheque No. 2 hereinafter referred to as the respondent was employed in the Borpukhurie Tea Estate belonging to Bishnauth Tea Company Ltd. which is engaged in the cultivation and manufacture of tea and employs a large number of workmen of various categories to carry on its business as a 2nd Clerk and was recognised as a Protected Workman within the meaning of section 33 3 of the Industrial Disputes Act, 1947 hereinafter referred to as the Act . The companymunication dated November 10, 1966 written on behalf of the appellant to the respondent ran as under Shri N. K. Canguli, 2nd Clerk, Borpukhurie T.E. As the respondent was a protected workman and an industrial dispute, being reference No. 35 of 1964, was pending before the Industrial Tribunal, Assam at Gauhati, the Management companyld number straightaway dismiss the respondent. Accordingly, by its letter dated November 10, 1966, the Management informed the respondent that he had been found guilty of the charge companytained in the charge sheet served on him on September 19, 1966 and that he would be dismissed from service of the Company but that the punishment would number be put into effect pending orders of the companypetent authority under section 33 of the Act, and in the meantime, he would remain under suspension. This punishment will number be put into effect pending orders of the companypetent authority under section 33 of the Industrial Disputes Act, 1947 and in the meantime you will remain tinder suspension. As the act of the respondent prima facie companystituted a grave misconduct under clause 10 a 2 of the Standing Orders of the Es tablishment, a charge sheet was served on him on September 19, 1966 accusing him of obtaining money through Mansid Munda from the local banker by forging the Managers signatures on the aforesaid cheque and calling upon him to submit his explanation in regard thereto which he did on September 22, 1966. The Management, therefore, decided to dismiss the respondent. By his order dated July 10, 1967, the Presiding Officer of the Industrial Tribunal refused to treat the Managements original application under section 33 2 of the Act as one under section 33 3 b of the Act and rejected the same as number maintainable holding that the Management had violated the provisions of the Act in dismissing the respondent who was admittedly a protected work man without obtaining the permission from the Tribunal. On enquiry, Mansid Munda, the factory chowkidar stated that the cheque was cashed under instructions of the respondent and proceeds thereof amounting to Rs. Yours faithfully, Sd N. K. Ganguli 2nd Clerk. As my enquiry into the charge against you has companycluded, you will number receive any subsistence allowance during this period of suspension. Yours faithfully, Sd/1 W. P. Swer, Assistant in Charge. That in submitting the application U s. 33 2 b of the Industrial Disputes Act there was a technical error made unintentionally by the applicant. Dear Sir, You are, hereby informed that you have been found guilty after due hearing of your case as prescribed by Standing Orders of the charge served on you in my letter of the 19th September, 1966. Ration Rice Atta As per staff ration rate Tea Free of companyt Still I am due to get a month ration Fire wood Free of companyt Already to get for the further months of the year , I will be happy of your early action in this matter. On December 24, 1966, the respondent filed before the Indus trial Tribunal a companyplaint under section 33A of the Act alleging companytravention of the provisions of section 33 of the Act by the appellant and praying for a decision in the matter. At the companyclusion of the enquiry, the Enquiry Officer submitted his report stating therein that the material adduced in the companyrse of the enquiry proved that the respondent was guilty of grave misconduct as envisaged by the aforesaid clause of the Standing Order. As the explanation tendered by the respondent which was one of denial was found to be unsatisfactory, an enquiry into the charge was held by Mr. R. L. Pennoll, Superintendent of the Company. 236 of 1967 S. Narinian, P. H. Parekh S. N. Choudhari For the Appellant P. Gupta B. the 18th September, 1970 of the Assam Nagaland High Court at Gauhati in Civil Rule No. Sir, It appears to me from your letter dated 10 11 66 that I am number yet dismissed, only I have to be on suspension without pay till you receive any decision from the authority So, as I am number yet dismissed, you will allow me to avail the privilege in companynection with any service with the Company as below and other if there are. Aggrieved by this order, the Management filed an application before the High Court under Article 226 of the Constitution seeking issuance of a writ of certiorari or mandamus or any other appropriate writ quashing the aforesaid order dated July 10, 1967 of the Industrial Tribunal but the same was dismissed with the observation that the punishment of dismissal having already been inflicted without companyplying with the provisions of section 33 3 b of the Act, an Ex Post Facto permission companyld number be granted. 236 of 1967 filed by the present appellant. It is against this order that the Management has companye up in appeal to this Court. The respondent who was present throughout the enquiry was afforded opportunity to cross examine the witnesses produced on behalf of the Company and to produce evidence in his defence. Soliciting an early companyfirmation. O. Charali. The, facts giving rise to this appeal are Shri Naresh Kumar Ganguli, respondent No. B. Tawakley For Respondent No. 2 Ex Parte For Respondent No. 680/ were handed over to the latter at the garden. This appeal by special leave s directed against the judgment and order dated September 18, 1970 of the High Court of Assam and Nagaland passed in Civil Rule No. You are accordingly informed that you will he dismissed from the service of the companypany. 1764 of 1971. This application is reproduced below for facility of reference 1. 1 The Judgment of the Court was delivered by JASWANT SINGH, J. Appeal by Special Leave from the Judgment and Order dt. CIVIL APPELLATE JURISDICTION Civil Appeal No. office. | 1 | train | 1978_79.txt |
A8 before the Land Tribunal. This order was challenged by the first respondent before the High Court of Kerala under Section 103 of the K.L.R. Vide order dated 21.3.1994, the Land Tribunal, after recording the finding of fact, held that the appellant is a deemed tenant under Sections 4A of the K.L.R. 230 of 1981 before the Land Tribunal, Kottayam claiming to be a deemed tenant under Section 4A of the Kerala Land Reforms Act, 1963 hereinafter referred to as the L.R. In the said proceedings the Revenue Inspector had filed his Report dated 23.4.1992 as companytemplated under Section 105A of the K.L.R. Therefore, he has companytended that he is number entitled to be registered as a deemed tenant and cannot obtain purchase certificate of the land in question as per Section 72B of the K.L.R. Aggrieved by the said order, the first respondent and others filed an appeal before the Appellate Authority Land Reforms under Section 102 of the K.L.R. The Appellate Authority has adverted to certain relevant facts in respect of the previous proceedings in relation to the same land initiated by the appellant under Section 72 of the K.L.R. It is the case of the appellant that his mother has been in possession of the land involved in the case as a mortgagee from the date of execution of the mortgage deed referred to supra and she has been in companytinuous possession of the same for more than 50 years as on the date of the companymencement of the K.L.R. In the said proceedings the father of the appellant got impleaded and opposed the claim made by the appellant and further denied that the mother of the appellant had right as the mortgagee and was in possession and holding the land as a deemed tenant for the 50 years immediately preceding the amended provisions of Section 4A of the K.L.R. However, he was examined as a witness before the Land Tribunal in the previous O.A. Act substituted by Act 35 of 1969 immediately preceding the companymencement of the Kerala Land Reforms Amendment Act, 1969 which was published in the Kerala Gazette Extraordinary No. The same was marked as Exh. The Appellate Authority after referring to the registered mortgage deed which is marked as Exh. The said deposition is marked as Exh. Act questioning the companyrectness of the order dated 21.3.1994 passed by the Land Tribunal, Kottayam, on various factual and legal companytentions. 1.1.1970. Therefore, he should be registered as deemed tenant in respect of the land in question as it has companyferred a statutory right on him to purchase the mortgaged land in toto to the extent of 2 acres 48 cents. 531 of 1975, which was allowed by order dated 25.4.1978 which order was challenged by the first respondent herein before the Land Reforms Appellate Authority, Ernakulam as L.R.A.S. The said report was number challenged by the first respondents father and the same was accepted in toto by the Land Tribunal. Act read with Kerala Land Reforms Tenancy Rules for short the Tenancy Rules and stating that his uncle had executed a mortgage deed in the year 1909 1910 in favour of the appellants mother late Smt. Act in O.A. Act, urging various legal companytentions. 230 of 1981, urging various facts and legal companytentions. 534 of 1978 which appeal came to be allowed and the case was remanded to the Land Tribunal for reconsideration. 531 of 1975. To prove the mortgage deed, A1 the appellant herein and independent witnesses were examined on behalf of the appellant as A2 and A3 and documentary evidence produced were marked as Exhs. In his deposition he has clearly stated that the possession and enjoyment of the disputed property was by the appellant herein. A1, has recorded the finding of fact holding that the property involved in the original application of the appellant has been in his possession and enjoyment of the appellant and he has effected improvements on it and cultivated the property and that the first respondent has numbertitle or possession over the property at any time. A1 to A9 in support of his claims. C1, after examining Revenue Inspector in the proceedings. Act, which provision came into effect from 1.1.1970. Aley as a companylateral security for a sum of 7000 Chakram which was the dowry amount. The said evidence has been companyroborated by the Revenue Inspectors report and the first respondent was examined and she did number have direct knowledge of the property in dispute and her evidence was number accepted by the authorities. 873 of 1997 C allowing the Civil Revision Petition and rejecting the O.A. The High Court passed a cryptic order after adverting to certain rival companytentions and examined the companyrectness of the same in the Revision Petition. 295 dated 17.12.1969 w.e.f. Act and therefore, he is entitled to get the purchase certificate. Act. This appeal is directed against the impugned judgment and order dated 1.7.2005 passed by the High Court of Kerala at Ernakulam in Civil Revision Petition No. Necessary relevant facts of the case are stated hereunder The appellant herein filed Original Application No. Gopala Gowda, J. No. | 0 | train | 2014_183.txt |
The appellant was a sub tenant of the room under the Association. 6, to the respondent, the Automobile Association of Upper India, formerly known as the Automobile Association of Northern India and hereafter referred to as the Association. Both the Association and the appellant admitted that the landlord had number companysented to the subletting before it started but the ap pellant companytended that the respondent had full knowledge of his occupation of the shop room as a sub tenant and had with such knowledge accepted rent from the Association and thereby acquiesced in the subletting and was, therefore, number entitled to eviction on the ground of subletting without the landlords companysent. The Control Act of 1958 repeals the Delhi and Ajmer Rent Control Act, 1952, hereinafter called the Control Act of 1952, in so far as that Act was applicable to the Union territory of Delhi, but companytains certain savings in respect of suits and proceedings pending at the companymencement of the Control Act of 1958. While the revision petition was pending in the High Court the Delhi Rent Control Act 1958 came into force. When the revision was pending in the High Court, the Control Act of 1958 came into force. On October 5, 1959, the respondent gave the Association a numberice to quit and on December 25, 1954 brought a suit against the Association and the appellant for their enviction from the room. On August 26, 1957 the respondent landlord moved the High Court of Punjab in revision under s. 35 of the Control Act of 1952. The Association does number appear to have seriously companytested the suit but the appellant did. The respondent relied on this provision in the Act and companytended that the Association had without his companysent sub let the shop room to the appellant and that he had companye to konw of this sub letting about the end of May 1954. The learned trial judge by his judgment dated June 11, 1956 held that the respondent landlord had number acquiesced in the subletting and in that view of the matter directed ejectment of the Association and the appellant. With much regret, we have companye to a companyclusion different from that of our learned brother Sarkar, J. as respects the true scope and effect of S. 57 of the Delhi Rent Control Act, 1958, hereinafter referred to as the Control Act of 1958. It has to be numbered that these judgments were given prior to the companying into force of the Control Act of 1958. One of the questions raised before the learned trial judge was whether the respondent landlord had acquiesced in the sub letting in favour of the appellant. Das Acting J. Sarkar J. delivered a dessenting opinion. The appellant then went up in appeal under s. 34 of the Act to the Additional Senior Sub judge of Delhi who held that the sub letting had companymenced number later than November 1950 and that the respondent companytinued to receive rent with full knowledge of the sub letting. The learned trial judge by his Judgment dated June 11, 1956 gave a decree in favour of the respondent landlord. There was one decree and, therefore, the appellant was entitled to have it set aside even though thereby the Association would also be freed from the decree. 427 D of 1957. The learned Subordinate judge gave his judgment on June 11, 1957. That right companyld number be affected by the Associations decision number to file an appeal. On August 26, 1957, the respondent moved the High Court of Punjab in revision under s. 35 of the Act. The judgment of S. K. Das, Acting C.J. K. DAS, Acting Chief Justice. There was then an appeal which was heard by the learned Additional Senior Subordinate Judge of Delhi. One decree had been passed by the trial judge against both. The learned trial Judge decided against the appellant on the question of acquiescence. He, therefore, decided that the respondent was number entitled to the decree for possession and allowed the appeal, set aside the judgment of the trial Court and dismissed the suit by his judgment dated June 11, 1957. Bishan Narain, O. C. Mathur, Ravinder Narain and B.Dadachanji for the appellants. That Act came into force on February 9, 1959. The facts giving rise to the appeal have been stated fully in the judgment of Sarkar, J. and we need number restate the facts. The appellant had his own right to appeal from that decree. Appeal by special leave from the judgment and order dated December 13, 1962, of the Punjab High Court Circuit Bench at Delhi in Civil Revision No. V. Viswanatha Sastri and K. K. Jain, for respondent 1. and M. Hidayatullah, J. was delivered by S.K. August 29, 1963. N. Andley, for respondent No. 392 of 1963. The appellant then moved this companyrt for special leave and having obtained such leave has preferred the present appeal from the judgment and order of the High Court dated December 13, 1962. These facts are number in dispute. CIVIL APPELLATE JURISDICTION Civil Appeal No. | 0 | train | 1963_263.txt |
Kasi Naicker filed M.A. Said Kasi Naiker had filed a petition to declare him as insolvent in I.P. 6/79 in I.P. The appellant purchased 249 shares of Rajapalayam Mills belonging to the debtor Kasi Naicker by depositing the amount to get the shares released in its favour with the companysent of the debtor. 2 on the ground that it had paid the said amount on 24.8.1978 for purchase of shares belonging to the insolvent Kasi Naicker respondent No. 7/76 under Section 55 of the Act for declaration that 249 shares of Rajapalayam Mills belong to it or in the alternative to return the money with interest paid by it. 7/76 in the companyrt of District Judge Tirunelveli. The appellant filed petition under Section 55 of the Provincial Insolvency Act, 1920 for short the Act for recovery of Rs.25,155.40 with interest from the Bank respondent No. Whether protection provided in the proviso to Section 55 of the Provincial Insolvency Act, 1920 is available to a bonafide transferee for valuable companysideration after the presentation of any insolvency petition but before the date of passing of the order for adjudication without numberice of the presentation of the insolvency petition by or against the debtor, is the short question that arises for companysideration and decision in this appeal. 7/76 in 1976, which was dismissed on 25.10.1977 by the Subordinate Court, Tuticorin. 40/84 aggrieved by the said order made in IA6/79 in I.P. The said petition was allowed by order dated 19.10.1984 directing the bank to pay sum of Rs.25,155.40 with interest at 9 per annum from 24.8.1978 to the appellant. When the bank neither released the share certificates number returned the money deposited by it, the appellant filed IA No. In the trial companyrt companytentions were raised opposing IA No. It was companytended that the petition itself was number maintainable that the amount was number paid by the appellant and the benefit of Section 55 of the Act was number available to it. 116/77 before the District Court challenging the order of dismissal, which was allowed on 17.10.1978. The appeal was allowed holding that the order of adjudication dates back to the date of filing of the petition and, therefore, any transaction by the insolvent thereafter would number bind the receiver and the appellant was number entitled to any relief. He filed appeal in M.A. The appellant approached the High Court by filing revision petition in C.R.P. Rejecting the companytentions relief was granted to the appellant. 6/92 in the High Court challenging the order passed by the learned District Judge. The High Court dismissed the revision petition. J U D G M E N T Shivaraj V. Patil,J. Hence the appellant has filed this appeal. No. | 1 | train | 2003_1335.txt |
The sugar factories companycerned with the sugar year 1972 73 did number produce any sugar in one or the other of the four blocks mentioned in the table companytained in the Notification in the base year previous sugar year . Most of the sugar factories were companymencing their operations only in the month of December. During the current sugar year, however, they produced certain quantity of sugar during that block period. Description of Sugar Duty of Excise 1 2 3 Sugar produced in a factory during the Rupees period companymencing from the 1st day of forty per October, 1972 and ending with the 30th quintal day of November, 1972 which is in excess of the quantity of sugar produced during the companyresponding period in 1971. Rebate for the period 1st December 1972 to 30th April, 1973 was available at the rate of rupees twenty per quintal provided the production of sugar during the said period was in excess of 115 of the quantity of sugar produced by the said factory during the companyresponding period in the previous Sugar Year, in so far as the excess production is companycerned. For the months of May and June 1973 rebate at the rate of rupees twenty per quintal was available provided the factory produced more sugar than it produced during the companyresponding months in the previous Sugar Year. For the period companymencing from 1st July, 1973 and ending with 30th of September, 1973, rebate was available at the rate of rupees twenty per quintal provided the factory produced sugar in excess of the quantity produced during the companyresponding period in the previous Sugar Year. Description of Sugar Duty of excise 1 2 Free Sale Levy of Sugar Sugar 3 4 Sugar produced in a factory during the period companymencing on the 1st day of December, 1974, and ending with the 30th day of September, 1975 which is in excess of the average production of the companyresponding period of the preceding five sugar years, that is, a on excess production upto Rs. Either with a view to induce these sugar factories to produce more or with a view to induce them to companymence their operation early in the sugar year, the rebate provided for producing sugar in the months of October and November in excess of the companyresponding period in the previous sugar year was kept relatively high. In the numberification dated 12.10.74 relating to the sugar year 1974 75 the sugar year is divided into two blocks periods. It produced 1000 quintals of sugar in the months of October November, 1972 Block period 1 but had number produced any sugar whatsoever in the companyresponding period October November, 1971 in the base year. The scheme of the numberification dated 28.9.72 appears to be this If during the months of October and November 1972 in the Sugar Year 1972 73 , a factory produced sugar in excess of the quantity of sugar produced by it during the months of October November 1971, such factory was granted rebate in the Excise Duty at the rate of rupees forty per quintal in so far as the excess production is companycerned. It meant the period companymencing from the 1st day of october 1971 and ending with the 30th day of September, 1972 Previous Sugar Year . Sugar produced in a factory during the period companymencing from the 1st day of May, 1973 and Rupees ending with 30th day of June, 1973 which is in twenty excess of the quantity of sugar produced per during the companyresponding period in 1972.
quintal Sugar produced in factory during the period companymencing from the 1st day of July 1973 and ending with the 30th day of September, 1973 Rupees which is in excess of the quantity of sugar twenty produced during the companyresponding period in 1972.
per quintal Provided that the exemption under this numberification shall number be admissible to a factory a which did number work during the base period, or b which had only a trial run in the base period, or c which companymences production for the first time on or after the 1st day of October, 1972 Provided further that in companyputing the production of sugar during the periods mentioned in companyumn 2 of the said Table, a the data, as furnished in Form R.G. Sugar produced in a factory during the period companymencing from the 1st day of December, 1972 and ending with the 30th day of April, 1973 Rupees which is in excess of 115 of the quantity twenty of suggar produced during the period companymencing per from the 1st day of Decmber, 1971 and ending with quintal the 30th day of April, 1972. Though the Sugar Year extends over a period of twelve months companymencing from 1st of October, the period companymencing with 1st December and ending with 30th April is said to be the peak production period. We are companycerned in these appeals with four such numberifications namely 1 the Notification dated 28.9.72 applicable to the Sugar Year 1972 73 , 2 Notification dated 4.10.73 applicable to the Sugar Year 1973 74 , 3 Notification dated 12.10.74 applicable to the Sugar Year 1974 75 and 4 the Notification dated 30.9.76 applicable to the Sugar Year 1976 77 . 1 prescribed in Appendix I to the Central Excise Rules, 1944, or in such other record as the Collector may prescribed under rule 53 or rule 173G of the said rules, shall be adopted b any sugar obtained from reprocessing of sugarhouse products left over in process at that end of the base period or earlier shall b taken into account and c any sugar obtained by refining gur or Khandasari sugar, or any sugar obtained by reprocessing of defective or damaged sugar or brown sugar, if the same has already been included in the quantity of sugar produced, shall number be taken into account. This rebate too was companyfined to the excess production. 5/ per 7.5 quintal quintal b on excess production on the Rs. Explanation 11 In this numberification, the expression, base period, means the period companymencing from the 1st day of October, 1971 and ending with the 30th day of September, 1972. The said rebate was available again only with respect to the excess production. during the period companymencing from 1st day of October, 1970 and ending with 30th day of September, 1971, though it had number worked during the period from 1st October, 1970 to 30th November, 1970, and the production during this period was nil, would be entitled to the excise rebate at the numberified rate on its entire production achieved during the month of October and November, 1971. 1 dated 26th November, 1971, that a factory which had worked during the base period i.e. Explanation I A factory shall be deemed to have had a trial run during the base period only if, on first going into production, the period during which actual crushing was done during the base period was less than 40 per cent of the average duration of the season in the State in which the factory is situated. The expression base period was defined in Explanation 11. To be more precise, take factory A. However, the benefit of the rebate mentioned in any of the clauses aforesaid was number available to a factory which inter alia did number work during the base period. Here too, the question is identical to that arising in the years 1972 73 and 1973 74. Now companying to the Notifications for the years 1974 75 and 1976 77, the companycept of base year is number to be found here otherwise they are similar to those relating to 1972 73 and 1973 74. The question arose whether in such a situation, Factory A was entitled to the benefit of rebate provided in Clause 1 of the Table companytained in the aforesaid numberification with respect to the said 1,000 quintals ? Since the Notifications for 1972 73 and 1973 74 are more or less similar, disputes raised before High Courts pertained to both these years. So are the numberifications dated 12.10.74 and 30.9.76. The companytention of the factory was that it was so entitled, whereas according to the Revenue, it was number. The first block companyprises October and November 1974 whereas the second block takes in December 1974 to September 1975. In so far as it is material, the numberification dated 28.9.72 and the numberification dated 4.10.73 are similar. Clause 2 the table companytained in the numberification reads as follows TABLE No. In this companynection, the Government had issued a similar Notification on 13th Oct. 1971, on the same subject. Phadnis, Kh. Gambhir, P.H. On this Notification, in response to an enquiry made by the Committee of the Association, the Board had clarified as per their letter No. Iyengar J. Ramamurti, Mrs. Radha Rangaswami, P. Parmeswaran, C.V. Subba Rao, C. Ramesh, Virender Kaushal, Praveen Kumar, Vivek Gambhir, S.K. dated 28th September, 1972, issued by the Union Ministry of Finance Department of Revenue Insurance , New Delhi, on the above subject companyy enclosed for ready reference . Nobin Singh, M. Veerappa, Ashok Sagar, Ravinder Narain, D.N. These numberifications were issued by the Central Government in exercise of the power companyferred by Sub Rule 1 of Rule 8 of the Central Excise Rules, 1944. Chitale, B.R.L. Parekh, B.N. Agarwal, A.V. The letter written by the Committee read as follows I am to refer to the Notification No. 20/ per Rs. Misra For JBD Co., E.C. From the Order dated 17.11.83 of the Customs Excise and Gold Control Appellate Tribunal, New Delhi in Appeal No. F. No.14/33 71/CX. Vidyasagar for L.R. 698/83 D .
K. Ganguli, B. Sen, A.K. Singh, R. Vaigai and R.K. Maheshwari for the appearing parties. Later on, however, the Government of India revised their opinion which has led to the present companytroversy. ED SB T 338/78 D Order No. G.S.R. 3831 32 of 1988. 1718 of 1984. 865 of 1966. For the same reason, we do number also agree with the view taken by the Patna High Court in Civil Writ Jurisdiction Case No. The answer too will naturally be the same. CIVIL APPELLATE JURISDICTION Civil Appeal No. | 0 | train | 1993_174.txt |
O R D E R Heard the learned companynsel for the parties. | 0 | train | 2003_536.txt |
Heard the learned companynsels for the parties. | 1 | train | 2017_767.txt |
The same Gaya Prasad who as agent of the appellant had let the respondent into possession took vacant possession of the premises. 2 had taken possession of the premises on 1 February 1954. The appellants suit apart from possession was for manse profits. The ease of the respondent is that the respondent had entered in to possession on 1 February 1954 and one Gaya Prasad agent of the appellant had let the respondent into pos session. 2 herein and claimed possession of suit premises. On 17 September 1954 respondent No. 2 did number deliver vacant possession to the appellant or his son though the appellant specifically wrote to the respondent in that behalf. 2 gave numberice to the appellant that the premises occupied by it would number be required by it after 30 September 1954. The companytroversy is that respondent No. The appellant filed suit against respondent No. 59 D of the 1956 by the High Court of Punjab Circuit Bench at Delhi. N. Ray, C.J. Respondent No. This appeal is by certificate from the judgment dated 8 February 1965 passed in Regular First Appeal No. | 0 | train | 1976_376.txt |
In the state of Karnataka the companynselling sessions for the Karnataka quota will companymence on the 31st of August and the companyselling sessions for the number Karnataka quota will companymence on 11th September, 2002. In the State of West Bengal, numberdate has been announced vis vis the companynselling sessions. In the State of Rajasthan, the results of the PMT were delcared on 26th June, 2002. In the State of Bihar, the date of the PMT had been shifted from 9th June to 11th July, 2002. In the state of New Delhi, the DPMT was companyducted on 18th May, 2002 and the date of the companynselling is scheduled to be held on 16th and 17th July, 2002. The States of Haryana and Uttar Pradesh have only companyducted their PMT on 30th June, 2002. In the State of Jharkhand, the date of the pre entrance test for screening has been fixed at 7th July, 2002 and numberdate has been fixed for the main entrance text i.e. etc.etc.,
The said Scheme was modified pursuant to an order made in I.A.No.10 of 2000 in WPC No.443 of 1992 and the date fixed, as stood altered, as indicated therein and the last date for receipt of vacancy position is fixed as 7st August of each year and the IInd round of companynselling is proposed to be taken between the period from 18th July to 24th July of each year. These petitions are offshoot of a Scheme framed by this Court in Sharwan Kumar, etc.etc. the P.M.T. C No.473/2002 RAJENDRA BABU, J. vs. Director General of Health Services Anr. J U D G M E N T With W.P. | 0 | train | 2003_47.txt |
The equipment was imported by M s. Kohli Graphic Systems on behalf of the supplier and the Bill of Entry in respect of the same was submitted by them before the Customs authorities on 15 1 1983. The companytract between the appellants and M s. Kohli Graphic Systems was registered under the said regulations only on 6 6 1983 but the goods had been imported in the companyntry much earlier in January 1983 and the Bill of Entry in respect of such import had been submitted by M s. Kohli Graphic Systems to the Customs authorities in 15 1 1983. On 6 6 1983 the companytract entered into by the appellants with M s. Kohli Graphic Systems was registered under the Project Import Registration of Contract Regulations, 1975 with the Assistant Collector of Customs Contract Section , Customs House, Bombay in accordance with the provisions of the proviso to Tariff Head 84.66 of the Customs Tariff Act in order to avail the benefit of companycessional rate of customs duty. Under the terms of the companytract the equipment was to be initially imported on behalf of the supplier for display in Pamex Exhibition to be held at New Delhi in January 1983 and after closure of the exhibition it was to be cleared for delivery to the appellants after companypletion of customs formalities. The submission urged on behalf of the appellants that the Bill of Entry which was submitted by M s. Kohli Graphic Systems on 15 1 1983 cannot be regarded as a Bill of Entry for home companysumption and that the Bill of Entry for home companysumption was submitted by the appellants on 20 6 1983 after the companytract had been registered has rightly number been accepted by the Tribunal. The appellants submitted the revised Bill of Entry dated 23 7 1983 and cleared the goods after paying the customs duty thereon at the numbermal rate. The claim of the appellants that the goods be assessed under Tariff Head 84.66 was rejected by the Assistant Collector of Customs by his order dated 6 9 1983. The said order of the Assistant Collector of Customs was set aside on appeal by the Collector of Customs Appeals by his order dated 16 5 1984 on the ground that the companytract had been registered on 6 6 1983, prior to the clearance of the goods for home companysumption against the Bill of Entry filed on 20 6 1983 and the initial clearance under the Bill of Entry on 15 1 1983, being on companydition of re export after display at an exhibition, companyld number be deemed as clearance for home companysumption. The goods were cleared without paying any customs duty on the basis of Notification No. The Assistant Collector of Customs, by his letter dated 23 6 1983, informed the appellants that the benefit of project import companyld number be given in respect of the goods imported for the Pamex Exhibition and the appellants were directed to revise the Bill of Entry. 116/79 dated 1 6 1979 issued under Section 25 1 of the Customs Act, 1962 wherein goods imported into India in companynection with any fair, exhibition, demonstration, seminar, companygress and companyference are exempted from the whole of the duty of customs leviable thereon under the First Schedule to the Customs Tariff Act, 1975 51 of 1975 and the additional duty of customs leviable thereon under Section 3 of the said Customs Tariff Act. After the exhibition was over, as per the terms of the said bond, the goods were deposited on 10 2 1983 in the Northern Railway Godown at the Exhibition Ground at New Delhi, which was under the companytrol and custody of the Customs authorities. Thereafter, on 20 6 1983, the appellants filed another Bill of Entry for clearance of the goods which were lying in deposit with the Northern Railway Godown under Tariff Head 84.66. In accordance with the said requirement, the German supplier furnished the necessary bond undertaking to re export the goods after the exhibition. One of the companyditions imposed under the said numberification was that the importer had to execute a bond to the satisfaction of the Assistant Collector of Customs to re export the goods within the period of six months from the date of official closure of such fair, exhibition, demonstration, seminar, companygress and companyference or as the case may be within such extended period as the Assistant Collector of Customs may allow and in the event of failure to re export as aforesaid, to pay the duty which would have been levied thereon but for the exemption companytained in the numberification. The said order of the Collector of Customs Appeals dated 16 5 1984 has been reversed by the Customs, Excise Gold Control Appellate Tribunal hereinafter referred to as the Tribunal by the impugned judgment dated 24 4 1991. The facts, in brief, are as follows The appellants entered into a companytract on 17 12 1982 with M s. Kohli Graphic Systems, the Indian agent of the German Supplier, M s. Dr Ing Rudolf Hell GMBH, for the import of Chronograph C 399 companyour scanner. Feeling aggrieved with the said decision of the Tribunal, the appellants have filed this appeal. | 0 | train | 1997_762.txt |
407 408 and 409 of 1959.
achhru ram and b. d. jain for the appellants. october 4.
the appellants resisted this claim on the ground that the respective vendees from aftab rai had transferred by exchanges about 2 kenals out of the lands purchased by them and as a result of the said exchanges the appellants had themselves become entitled to preempt the said sales under the same statutory provision. the appellants then moved the division bench by letters patent appeals but these appeals were dismissed. it is against the decrees thus passed by the division bench in letters patent appeals that the appellants have companye to this companyrt by special leave. gian singh vohra for the respondents. as a result of this finding the decrees passed by the lower appellate companyrt were reversed and the respondents suits were decreed. 436 to 438 of 1961.
appeals by special leave from the judgment and order dated december 9 1959 of the punjab high companyrt in letters patent appeals number. that in brief was the nature of the companytest between the parties. that is why the appeals preferred by the appellants were allowed and the respondents suits were dismissed. civil appellate jurisdiction civil appeals number. | 1 | dev | 1962_270.txt |
He was then accompanied by Nalini and her daughter. Nalini told them that she was going to Vikravandi. During investigation, the appellant accused had agreed to discover the log with which he had hit Nalini. Later the appellant accused and his brother, Pandurangan took Nalini back to the appellant accuseds house. It was only when the child was seven months old that the appellant accused and brother Pandurangam took Nalini and the child to their house. Instead, father of Nalini filed a criminal revision. On 17.02.1995, when PWs 1 and 2 had gone to the house of appellant accused on being called by Nalini on phone. The Sessions Judge held specifically that it was number proved that the appellant accused had hit Nalini with a log. They saw the dead body of Nalini and the injury on her head, on back and all over the body. The appellant accused went on to suggest that he was number the father of the child which Nalini was bearing and hence she was brought back by PW 1 to his house. During the pregnancy, the appellant accused refused to send Nalini to her parents house though he was pressurised by PW 5 to send her to the house of her father, PW 1. Strangely enough, the matter was reported by the appellant accused himself who claimed in the FIR that Nalini went missing and ultimately died. As many as eight injuries were found on the dead body and it was found that Nalini had suffered a scull fracture. When Nalini was at the advanced stage of pregnancy, PW 1 wanted to take her to his house but the appellant accused did number permit that and said that he will take care of the companyfinement and wanted the child to be born in his house. It was the prosecutions story that neighbours used to hear wailing sounds of Nalini and she had also told PW 5, Belamurthy that her fidelity was suspected by the appellant accused and on that account, the appellant accused was number treating her properly. The prosecutions case was that the marriage of the appellant accused and the said Nalini took place in 1992 and right from the beginning their marital life was number smooth as the appellant accused suspected her fidelity. On 02.05.1994, Nalini was brought back by PWs 1 and 2 to their house and after about two months, the appellant accused and his brother again came and took back her and they companytinued to live with each other for about 4 5 months. However, on the next day in the morning at 7 a.m., PW 7 heard the news of death of Nalini while lighting stove. However, ultimately, the appellant accused relented on account of intervention of Belamurthy, PW 5. But the appellant accused did number go to see the child. After their marriage, appellant accused used to live with his wife in a rented house at Avadi. Ultimately, a child was born in the house of her father. The learned Judge also numbered that the appellant accused himself reported that at about 1120 a.m. in the Vikravandi police station. One Krishnaveni, PW 4 had also seen the ill treatment by the appellant accused, of his wife. The appellant appellant K. Ramachandran was tried for the offence under Section 302 as also under Section 201 of the Indian Penal Code on the allegation that he, on 18.02.1995, companymitted murder of his wife Nalini Latha by hitting her with a wooden log on her head. One Girija who was the household servant of the appellant accused had also seen that. It was revealed during the investigation that on the night of 17.02.1995, when PW 7 was sleeping in the tea shop, the appellant accused came to him and asked for the company. Very strangely, at the time when the companydontion of delay application in filing the appeal was companysidered by the High Court, it was number pointed out by the Government advocate on criminal, side who appeared for the State, that a revision had already been and was pending against the acquittal, at the instance of father of Nalini. After the necessary investigation, the charge sheet came to be filed against appellant accused. The learned Single Judge further numbered that the prosecution examined 20 witnesses including the relations of the deceased as also PWs 1 and 2, who were the parents of the deceased, PW 3, son in law and PW 4 who was the servant maid in the house of the appellant accused. In the month of May in the year 1994 it is reported that the appellant accused cut the Thali chain ornament worn by a married lady and threw her out of the house. It was pending when the State Government filed an appeal against the acquittal of the appellant accused which was delayed by 801 days. The Sessions Judge, however, did number accept the evidence of doctor and acquitted the appellant accused of all the offences. On the next day, which was a Saturday, PWs 1 and 2 received the news of Nalinis death at 1230 p.m. and went to Vikravandi. In the cross examination this witness asserted that 8th injury is inside and there was numberoutward injury to that sic . He further admitted that the Inspector enquired him on 12.06.1997 and he did number remember whether the Inspector examined him showing the log, MO No. and they were ordinary external injuries and there was numberneed to open them and, therefore, he did number open them. He admitted in the cross examination that the injury was very minor one and there was numberneed to cut that. The learned Judge has then given the whole account of each of the prosecution witness in short up to PW 20. The depth of injuries 1, 2 and 4 was 1/4th cms. The police found out the body in the well which was brought out and post mortem was companyducted in Government hospital by Assistant Surgeon, Dr. Bhoomadhu, PW 19. He then asserted that if an individual falls from a height there were chances of bruises and injuries and open wounds. Strangely enough, that companydonation of delay application came to be companysidered by the Division Bench of the High Court and the High Court, by its order dated 05.03.2003, dismissed the companydonation application. The matter was reported to the police. During the trial, number of witnesses came to be examined. After all, the said revision was admitted by the High Court. However, since the Division Bench was totally unmindful of the pendency of the said revision it merely dismissed the companydonation of delay application. 75/1995 under Section 174, Criminal Procedure Code. The charges were framed for offence under Section 302 and 201, IPC. By this appeal the appellant appellant challenges the revisional judgment of the High Court whereby the High companyrt has upset the Trial Courts judgment acquitting the appellant appellant and has directed reconsideration of the matter by the Trial Court. Thereafter, some villagers and the police came to the spot of occurrence and the further investigation started. This revision seems to have been filed and was admitted by the High Court. He also companyld number say whether the blood was beneath would 2, 4 and 5. On that, the policy registered Crime No. This judgment of the Sessions Judge was number appealed against by the State. Thereby the appeal against acquittal companyld number proceed. S. SIRPURKAR, J. The High Court has further directed that such reconsideration would be only on the basis of evidence already recorded. | 1 | train | 2009_952.txt |
P. Bharucha and S.B. Majmudar, JJ. We have read the judgment and order of the Customs, Excise Gold Control Appellate Tribunal, New Delhi, under appeal and heard companynsel. | 0 | train | 1996_1392.txt |
of the prosecutrix Mst. PW 22 was the investigating officer and PW 23 was the other lady who had accompanied the prosecutrix and her mother to the Police Station on 22.5.1986. The father of the prosecutrix was number there at home. Rajni, PW 18 and two other girl students Mst. Sunita, PW 1 and Mst. PW 13 and PW 14, however, two other students of the same school who were studying in the same class where the prosecutrix was studying, supported the prosecution case to the extent that on the relevant date PW 1, PW 2 and PW 18 were absent from the school after 9 a.m. PW 15, another classmate of the prosecutrix did support the prosecution case to the effect that PW 1, PW 2 and PW 18 had left the school after the recess period and P W 1 and PW 2 had told her that the Head Master had sent them earlier to his house for companyking food for him. PW 17 is a teacher by profession and according to her evidence on the morning of 22.5.1996 prosecutrix PW 18, her mother, PW 19 and PW 23 came to her house and told that accused had raped on PW 18 and they also requested her to lend support on behalf of Mahila Mandal. It was alleged by the prosecution that on 21.5.1986 at about 9 a.m. the appellant sent the prosecutrix Mst. PW 19, the mother of the prosecutrix stated to the effect that she came home late on 21.5.1986 when she found her daughter Mst. The prosecutrix, PW 18 gave a detailed account of what had happened to her on the fateful day of 21.5.1986. Rajni, a student of the same school. The evidence of the mother of the prosecutrix, PW 19 as well as those of PWs 17 and 23 who had accompanied the prosecutrix to the Police Station on the morning hours of 22.5.86 have been brushed aside on the ground of animosity and partisan character of the two members of the Manila Samiti Mandal namely PW 17 and PW 23. Next day, early morning, PW 19, mother of the prosecutrix accompanied by PW 17 and PW 23 gave a written report at the Police Post Mahalta which was treated as F.I.R. The learned Sessions Judge on scrutiny of the prosecution evidence came to the companyclusion that the case hinges on the sole testimony of prosecutrix, PW 18. The prosecutrix reached her house but did number find her mother who returned only in the evening. She immediately narrated the incident to her mother, PW 19, who in turn also informed a friend of her PW 17. PW 21 was a Gynecologist in the District Hospital Udhampur. PW 3, PW 4 and PW 5, teachers of the school, also did number support the prosecution during trial inasmuch as they stated that on the relevant date the accused had number left the school during the recess period and they were also declared hostile and were cross examined by the prosecution. PWs 8, 9, 10 and 11 are the students of the school where the prosecutrix was studying and they also did number support the prosecution and on the other hand stated in their evidence that the prosecutrix was present in the school through out the day on the date of occurrence, accordingly they were also declared hostile and were cross examined by the prosecution. She also stated during her evidence that Mst. On being enquired, Mst. Seeing her, Mst. Rajni narrated the incident. Rajni in a depressed mood. The appellant then came home between 10 a.m. and 11.
a.m. and on reaching the home directed PWs 1 and 2 to leave the house but detained the prosecutrix, PW 18 with the understanding that she can leave the house only after cleaning the utensils. He also came to the companyclusion that the prosecutrix and PWs 1 and 2 were absent from the school on the relevant day after 9 a.m. which companyld have been a companyroborating circumstance has number been established. Rajni, PW 18, and found that secondary sex characters were number well developed on her body. Rajni started weeping. Rajni was examined by the lady doctor, the said doctor while examining her expressed the opinion that this is a false case and on this score PW 19 requested the police to get Mst. and ultimately came to the companyclusion that the statement of the prosecutrix does number inspire any companyfidence and the said statement is unworthy of acceptance. Thereafter the appellant forced the prosecutrix for illicit intercourse and ultimately allowed her to go home at 3 p.m. Krishna, PW 2 to his residence for companyking his meal as the Head master was living without his family. On 23.5.86 at 10.30 a.m., on police requisition, she examined Mst. The prosecution examined as many as 24 witnesses of whom PWs 1 and 2 were supposed to have gone with the prosecutrix to the house of the Head Master for companyking food but they did number, however, during trial support the prosecution case. On companysideration of the medical evidence of the Doctor PW 21, the learned Sessions Judge came to hold that the medical evidence instead of lending support to the prosecution story has shaken the credibility of the prosecution version. The learned Sessions Judge also found that even assuming that PW 18 and PWs 1 and 2 had absented themselves from the school on the relevant day after 9 a.m., the said circumstance cannot be an incriminating circumstance against the accused with the companymission of the crime. So far as the evidence of the prosecutrix herself is companycerned the learned Sessions Judge was of the opinion that she has been companytradicted in material particulars by the medical evidence of Dr. Vijay Sharma, PW 21 and further she has attempted to improve her version in the companyrt regarding the companymission of rape which she has number stated under Section 161 Cr. She had also stated in her evidence that the hymen of the prosecutrix was intact and a small penetration in case of a girl of 13 years old companyld rupture as well as injure the hymen. So far as the presence of semen on the salwar of the prosecutrix, the learned Sessions Judge did number attach any importance since the same was seized only on 24.5.86 and there is numberexplanation for the delayed seizure of the salwar in question. The prosecutrix in numberuncertain terms while narrating the act of sexual assault on her by the accused, has stated the accused forcibly laid her on the blanket and the accused forcibly opened the companyd of her salver and kept it apart and asked her to keep quite, he has permission from her mother Bholi. The learned Sessions Judge relying upon the evidence of the 3 school teachers, PWs 3, 4 and 20 came to hold that accused was absent from the school after 9 a.m. has also number been established. Rajni medically examined from another doctor but that request was number acceded to. The accused forcibly ride upon her. in the Police Station, Ramnagar and a case was registered under Section 376/342 I.P.C. The appellant who was the Head Master of Middle School, Khun, in Tehsil Ram Nagar at the relevant point of time stood charged for the offence of attempt to companymit rape under Section 376/511 I.P.C. The learned Sessions Judge found out some companytradictions between her statement to the police under Section 161 Cr. With these findings the learned Sessions Judge acquitted the accused of the charge leveled against him. 2,000/ in default a further simple imprisonment for 6 months, after setting aside the order of acquittal passed by the Sessions Judge, Udhampur, in Sessions case No. The police then started investigation and a charge sheet was filed in the Court of Sub Judge, Judicial Magistrate, 1st Class, Ramnagar for the companymission of offence under Section 376/511 I.P.C. The accused had caught hold her head with one hand and closed her mouth with other hand. Thereafter, she went with them to the Police Station to lodge the F.I.R. The accused denied the allegations. She had also taken the vaginal smear and sent for chemical examination and opined that numberdefinite opinion companyld be given regarding the attempt of sexual intercourse. This appeal is directed against the judgment of the High Court of Jammu and Kashmir dated 2.3.1993.
companyvicting the appellant under Section 376 read with 511 I.P.C. Ultimately the High Court companyvicted the appellant as already stated, and thus the present appeal has been preferred. B. Pattanaik, J. P.C. and sentencing him to undergo rigorous imprisonment for a period of 5 years and pay a fine of Rs. read with 342. 12 of 1986. | 0 | train | 1997_791.txt |
6,42,681/ by way of companypensation for his land from the State. On 07.12.1988, in pursuance of the order passed by the Lok Adalat, the subordinate Judge at Bhongir passed an award and enhanced the companypensation payable to the respondents. No.7 of 1987 for re determination of the companypensation. On 20.03.1980, the Land Acquisition Officer LAO by his Award No. This numberification included the land belonging to the respondents predecessors measuring around 13 acres 18 guntas situated in Nagireddy village Palli in District Nalgonda in AP. 12 of 1980 divided the land into three categories and awarded the companypensation to all the landowners whose lands had been acquired including the respondents predecessor at the rate of Rs.1100/ , Rs.1200/ and Rs.1700/ per acre respectively. The respondents predecessor then filed reference in Civil Court subordinate Judge, Bhongir under Section 18 of the Act being O.P. This reference was referred to Lok Adalat for mutual settlement. 34 of 1993 for realization of the entire decreetal amount in terms of the said award. 34 of 1993 in P. No.7 of 1987. The respondents predecessor then filed the execution petition being P. No. 928 of 1998 wherein the High Court dismissed the revision filed by the appellant herein against the order dated 22.10.1997 passed by the Subordinate Judge at Bhongir, Nalgonda Dist. The appellant State acquired 53 acres of land pursuant to the numberification issued under Section 4 1 of the Land Acquisition Act, 1894 hereinafter referred to as the Act on 11.05.1978. It was acquired for the purpose of laying down New Broad Gauge line. By order dated 15.09.1997, the executing Court bi party determined the amount payable to the respondents by the State towards companypensation and issued warrants against the judgment debtor State for recovery of the interest amount of Rs.50,000/ and odd as it was found still payable by the State to the respondents due to delay on their part in paying the decreetal sum. In E.A. 41 of 1997 in E.P. In terms of the award, the respondents were entitled to claim a sum of Rs. During the pendency of the petition, the respondents predecessor died and his legal representatives, i.e., present respondents were brought on record. Abhay Manohar Sapre, J. This appeal is filed against the final order dated 13.04.2001 of the High Court of Judicature, Andhra Pradesh at Hyderabad in C.R.P. Few facts need mention for the disposal of the appeal, which involves short point. No. | 0 | train | 2016_734.txt |
992 SB of 2002 and 1012 SB of 2002. 1012 SB/2002 filed by Vinod and partly allowed the appeal No. 992 SB/2002 filed by other accused and acquitted some of the respondents accused for offences with which they were charged reversing the order of companyviction recorded by the trial Court. The dead body of Anju Devi was found in the bath room. It was, therefore, submitted that the appeal deserves to be allowed by restoring the order of companyviction and sentence recorded by the trial Court. 4 and Kiran, accused No. 16 of 2000 decided on June 13, 2002 held that it was proved by the prosecution that the deceased died homicidal death and all the accused were responsible for companymitting the said crime. They were heard on the question of sentence and the Court ordered them to undergo rigorous imprisonment for seven years and to pay fine of Rs.5,000/ each and in default, they were ordered to further undergo rigorous imprisonment for eight months. Being aggrieved by the order of companyviction and sentence, all the accused preferred appeals before the High Court. 5 on the ground that they were residing separate from accused Nos. 3 to 5 who were companyvicted by the trial Court observing that they were staying separately which was factually incorrect. The learned companynsel for the appellant vehemently companytended that the order of companyviction and sentence recorded by the trial Court was in accordance with law and ought number to have been set aside by the High Court. It was also submitted that on the basis of the evidence adduced by the parties, the trial Court held that it was a case of homicidal death. The present appeal is filed by the companyplainant, brother of deceased Anju Devi against the judgment and order dated October 31, 2006 by the High Court of Punjab Haryana in Criminal Appeal Nos. The said fact was proved from sworn testimony of prosecution witnesses. The said order is challenged by the companyplainant by filing the present appeal. We have heard learned companynsel for the parties. K. THAKKER, J. By the impugned judgment, the High Court allowed the appeal No. Leave granted. | 1 | train | 2008_2429.txt |
The authority passed an award companydoning the delay and admitted the appeal. The registrar of the companyoperative societies under the Himachal Pradesh Co operative Societies Act, 1968 hereinafter referred to as the Act passed an award on 29.12.1989 mulcting the appellant with a liability of 2.62 lacs which includes interest also. numbericed in the shops of which appellant was salesman for sometime. Appellant preferred a statutory appeal challenging the said award under Section 93 of the said Act before the authority companycerned but there was a long delay of above six years in filing the appeal, and therefore, appellant filed an application for companydoning the delay. This related to the shortage etc. The first respondent challenged the said order before the High Court by filing a writ petition. Leave granted. | 0 | train | 2001_734.txt |
The Analyst in his report dated March 30, 1983 found that the milk fat was 4.8 and milk solids number fat was 6.36 whereas the prescribed standard for milk fat is 4.5 and milk solids number fat 8.5. The appellant is a milk vendor. Thereby, he opined that the milk purchased from the appellant was an adulterated milk. On March 19, 1983, the Food Inspector took samples of milk from the custody of the appellant under Section 10 7 of the Prevention of Food Adulteration Act, 1954 for short the Act . He sent the sample for analysis on March 21, 1983. 1,000/ . 2292/92 1994 2 SCR 62 ORDER Special leave granted. 61/91, the Single Judge by judgment dated March 30, 1991 companyfirmed the companyviction but the sentence was reduced to a period of 3 months and a fine of Rs. Arising out of S.L.P. On appeal, it was companyfirmed and in Revision No. 500/ Thus this appeal by special leave. On the basis of the said report, the prosecution was laid against the appellant. c No. | 0 | train | 1994_157.txt |
the prosecution called the evidence of the companyplainant abdul satar babu adam and sub inspector chawan. at the junction of the chakla street with bibijan street he was attacked by the appellant. sub inspector chawan joined the crowd chasing the appellant in the dhobi street and ultimately the appellant was caught at the junction of dhobi street and nagdevi street. evidence was led of an identification parade which was held in the 6 93 s.p.india/59 hospital where abdul satar was taken from the scene of the offence and it was proved that abdul satar identified the appellant at that identification parade. abdul satar then stated that he was on inimical terms with one sulaiman and it was at the instance of sulaiman that the appellant inflicted the injuries on his person. the appellant first attempted to strike him on his right shoulder but abdul satar caught hold of his hand. abdul satar had number stated anywhere before he gave evidence in the sessions companyrt that he had any companyversation with the appellant as to why the latter was inflicting the injuries on him. the case of the prosecution was that at or about 10 30 or 11 p.m. on the 25th august 1951 the companyplainant abdul satar was going towards dhobi galli through the bibijan street. chawan was suspected to be ms accomplice but someone said that he was a police officer and chawan was then released. sub inspector chawan was one of these persons. the panchas were called and a panchnama was drawn up in which the blood stains on the shirt and trousers were numbered. he was then taken to the scene of the offence and a panchnama was drawn there. this was characterised by the defence as a pure after thought in order to supply a motive for the companymission of the offence by the appellant and it was urged that if abdul satar was capable of inventing a story for supplying the motive for the companymission of the offence by the appellant he could number certainly be relied upon even in the identification of the appellant by him. the high companyrt heard the reference and came to the conclusion after discussing the evidence on the record that numberother companyclusion was possible for a reasonable person except that the appellant was the assailant of abdul satar. evidence was also led of the panch witness who deposed to the panchnama numbering the blood stains on the shirt and the trousers of the appellant. when he reached the junction of nagdevi cross street he fell down and the person who was running ahead of him rushed into a gutter. the appellant released his hand from the grip of abdul satar went in front of him and stabbed him in two places one injury was inflicted at the level of the 9th and 10th ribs on the left side and the other injury on the left shoulder. babu adam saw him at the companyner of the chakla street and the masjid bunder road and joined the pursuit. there were also blood on the right side companylar and on the back of the shirt the defence put up by the appellant was he was a fruit broker and after companylecting his dues from the crawford market at 11 p.m.to he came to the companyner of dhobi street when he heard the shoutschor chor and he also then shouted chor chor and ran after the person who was running away in order to catch him. he thereupon started bleeding from his numbere and due to that bleeding his shirt and trousers were stained with blood. according to that panchnama there were blood stains on the right arm pit on the front of the and on the right thigh. the appellant was then taken to the police station. the appellant was tried by the additional sessions judge and a companymon jury. the appellant was put into the police pilot car which came along and taken to the police station. as he was feeling very hot he removed his shirt and kept it by his side. he was taken by the police officers to the place where the attack took place and a panchnama of the scene of the offence was made at five minutes past one on the 26th august 1951.
the appellant and the police officers returned to the police station and at 1 30 a.m. that is within half an hour anumberher panchnama was made in respect of the clothes which the appellant was wearing. the prosecution frankly admitted that it had failed to prove any motive for the companymission of the offence by the appellant. the charge was number attacked before the high companyrt number before us as containing any misdirections or number directions to the jury such as to vitiate the verdict. the weapon of offence was also number found upon the person of the appellant and in spite of a search being made for the same was number discovered by the police either at or near the scene of the offence. the additional sessions judge did number accept the verdict of the majority. in the meanwhile a police companystable came there and gave him a blow on his numbere saying do you think this is your fathers residence that i you removed your shirt? the jury after due deliberation companyld number be unanimous and pronumbernced a verdict of number guilty against the appellant by a majority of six to three. the high companyrt accordingly companyvicted the appellant of the offence under section 326 of the indian penal companye and sentenced him as above. the additional sessions judge summed up the case against the appellant in a charge which was very fair. he produced the appellant before d. 1.
kakatkar who there numbericed his clothes. he however stated for the first time in the sessions companyrt that he asked the appellant as to why he was stabbing him and the appellant replied that he was doing it at the instance of a friend of his. he was again brought to the police station thereafter and was made to sit in the charge room. the same constable then asked him to put on the clothes and took him to his officer. december 9.
the judgment of the companyrt was delivered by bhagwati j. this is an appeal by special leave from a judgment of the high companyrt of judicature at bombay accepting the reference made by the additional sessions judge greater bombay under section 307 of the criminal procedure companye and companyvicting the appellant of an offence under section 326 of the indian penal companye and sentencing him to four years rigorous imprisonment. the appellant then ran away and was pursued by several people. there were various circumstances brought out in the evidence of the prosecution witnesses which were particularly relied upon by the defence. as he was ahead and members of the public were following him three or four of them fell on his body after he fell down and when he got up he was caught by two or three other persons who all said that he was the man. criminal appellate jurisdiction criminal appeal number 76 of 1953.
appeal by special leave against the judgment and order dated the 16th june 1952 of the high companyrt of judicature at bombay in criminal jury reference number 58 of 1952.
j. umrigar for the appellant. the appellant obtained special leave to appeal from this companyrt on the 4th february 1953 and hence this appeal. porus a. mehta for the respondent. | 1 | test | 1953_92.txt |
Respondent No.1 was appointed on companytingent basis. Suffice it to say, the respondent was stated to have been appointed on companytingent paid basis of Rs.50/ . The case of the appellant is that the appointment by the Managing Committee of the Duff Primary School at Chinsurah was against number existing post. The learned single Judge disposed of the writ petition with a direction to the school authority to pursue the matter for sanction of an additional post on the basis of increase roll strength. 4152 OF 2002 This appeal is filed by the authority against the order passed by the Division Bench directing creation of additional post to accommodate the respondent No.1. O R D E R CIVIL APPEAL NO. Briefly stated, the facts are as follows. | 1 | train | 2008_580.txt |
On May 4, 1955, the Rummaging Inspector Intelligence , Customs House, Calcutta, Respondent No. Thereafter the Rummaging Inspector escorted the petitioner to the Customs House where the Assistant Collector, Customs, asked him to produce evidence showing that the goods were number smuggled goods but were legally imported on payment of duty. On May 23, 1955, the Assistant Collector replied to the Advocates informing them that the diamonds in question were seized on reasonable suspicions that the same had been imported into India illegally and as such were liable to seizure under the Sea Customs Act. 167 8 and 167 39 of the Sea Customs Act, the petitioner should submit by May 7, 1955, any documents which might be in his possession showing that the goods in question were legally imported into India on payment of proper Customs duty and on production of a valid import trade companytrol licence. The Assistant Collector then permitted the petitioner to go and gave him time till May 7, 1955, to produce evidence showing that the goods were imported on payment of customs duty and under a valid import licence. A personal hearing was granted on July 21, 1955, followed by a letter from the Advocates dated July 22, 1955. This was followed by letters dated July 4 and 20, 1955. In answer to this, on behalf of the petitioner, Messrs. S. K. Sawday and Company, a firm of Advocates, Calcutta, wrote to the Assistant Collector, Customs, on May 7, 1955, reciting the circumstances under which the petitioner came to be in possession of the seized articles alleging that in the circumstances the presumption of an offence having been companymitted in companytravention of s. 86 of the Sea Customs Act attracting a punishment under s. 167 39 of the Sea Custom Act was unwarranted and requested to be furnished with a statement of the reasons for the seizure as soon as possible. from the Bombay trade and Calcutta trade about the authenticity of the petitioners business and also how he came to be in possession of the goods. On the same day, i.e., May 4, 1955, a numberice was served on the petitioner by the Customs authorities stating that there were reasonable grounds to believe that the goods seized by the Rummaging Inspector had been illegally imported into India and, therefore, before further action was taken under ss. It is also stated that if the goods were number imported by the petitioner, but were bought from another party he should submit by the same date any evidence in his possession showing the purchase of the goods. On July 1, 1955, Messrs. S. K. Sawday Company wrote a further letter on behalf of the petitioner reiterating their objections and showing why action should number be taken. Further companyrespondence followed by a letter dated June 20, 1955, to which there was a reply on June 25, 1955, wherein there was a detailed reference to everything that had taken place till then and especially with regard to the earlier denial of the petitioner about there being any diamonds with him and the discovery of the same later on in a used jacket in a wall almirah. Another letter was written by the same firm of Advocates on May 9, 1955, the details of which it is unnecessary to refer. On May 16, 1955, a further letter was written enclosing two certificates and companytaining further particulars. 32, Sir Hariram Goenka Street, Calcutta, and after a minute search of the steel almirah in which according to the statement of the petitioner, he used to keep his stock in trade and finding numbere there questioned him as to where he had secreted the diamonds to which the reply given by him was in the negative. 10, 000/ worth of diamonds were received by him from M s. Ratilal Amritlal, of 89 Zaveri Bazar, Bombay, and the rest were purchased locally in Calcutta. Thereupon a wall almirah, wherein washed clothes, and other articles were stored, was searched and therein in an old jacket 475 pieces of diamonds were discovered along with one piece of synthetic stone. 4, searched the residential room of the petitioner, situated at No. 3, armed with a search warrant from the Chief Presidency Magistrate, Calcutta, Respondent No. 1957 SCR 1110 The Judgment was delivered by GOVINDA MENON, J. GOVINDA MENON, J. for the This application under Art. This is a companyprehensive letter companytaining the justification for the proceedings taken by the search officers and finally the Assistant Collector observed that if the petitioner failed to submit a written explanation in time or did number appear before him when the case was fixed for hearing, the case would have to be decided on the basis of the evidence on the record without any further numberice. He did number remember the names and address of the parties from whom the local purchases were made, number did he have in his possession any documents companyering the purchase. A statement signed by him was taken from which we find that his explanation for the possession was that Rs. The letter went on to request for ten days time for procuring and producing certificates etc. This also reiterated the request for the supply of specific reasons for the seizure. | 0 | train | 1957_143.txt |
P.W. I had seen the injuries of Chandrika and Sita Ram. I had seen the injuries in the light of the lantern after going round the injured persons. The lantern had been sent for in order to provide light. To a question put by the companyrt as to whether the lantern was sent for so that the injuries might be seen, he replied there was numberpoint in sending for a lantern when there were so many torches there. 3 Buddha Pasi and P.W. 3 or P.W. He added that a lantern was brought later by the villagers. 2 Ram Lal father of the victims, P.W. The witness was then companyfronted with his statement before the companymitting Magistrate. The trial Court found that there was numberdirect or indirect suggestion that either P.W. All the three claimed to have seen the respondents clearly in the light of the torches they were carrying. What made the learned Judges of the High Court suspect that the witnesses did number have any torch was the statement made by one Gajodhar before the companymitting Magistrate. Gajodhar who was examined before the Magistrate but was given up at the trial was called and examined by the High Court as a witness. Admittedly it was a dark moonless night. 7 had any strained or inimical relations with the accused persons and that, therefore it was unlikely that these witnesses would try to falsely rope in the accused persons with any ulterior motive. 7 Bhellar. The High Court did number find it possible to rely on the evidence of P.W. The Additional Sessions Judge described this as a case of companyd blooded revolting double murder. The two respondents were companyvicted under Section 302/34 of the Indian Penal Code and were sentenced to death by the Additional Sessions Judge, Lucknow, for the murder of two brothers, Chandrika and Sita Ram, on the night between 26th and 27th of April, 1971 in village Barkhurdarpur, police station Chinhat, district Lucknow. 2 Ram Lal. It was further found that there was numberreal companyflict between the medical evidence and the oral evidence, as sought to be made out on behalf of the accused so far as the injuries on the person of one of the victims. The trial Court relied on the three eye witnesses. The High Court has ac quitted both the accused giving them the benefit of doubt. The trial Court also numbered that there were certain minor companytradictions in the testimony of the witnesses regarding the manner of use of the weapons by the assailants, but did number companysider them to be of much significance. This appeal by special leave is directed against an order of acquittal passed by the Allahabad High Court Lucknow Bench . The appellant, State of Uttar Pradesh, seeks to have the acquittal set aside. C. Gupta, J. | 0 | train | 1976_296.txt |
hereinafter referred to as the demised premises . The eviction application was dismissed by the Rent Controller, Chandigarh, against which an appeal was taken before the Appellate Authority, Chandigarh, which was allowed by its order dated 14th of August, 2001. 4735 of 2001 by the High Court of Punjab and Haryana at Chandigarh wherein the High Court had allowed the revision petition and set aside the judgment passed by the Appellate Authority, Chandigarh which had set aside the judgment and order of the Rent Controller, Chandigarh rejecting the application for eviction filed by the landlord appellant hereinafter referred to as the appellant The appellant, who had purchased the House No. Against this order of the Appellate Authority, the respondent filed a revision petition before the High Court and by the impugned Judgment of the High Court, the eviction petition of the appellant was dismissed and the order of the Rent Controller, Chandigarh was restored. As numbered herein earlier, this order of the Rent Controller was reversed by the Appellate Authority, Chandigarh, inter alia, on the findings that number production of Rent Note and number appearance of the landlord appellant in the witness box companyld number be taken to be a ground for rejecting the eviction application. The appellant filed an application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 hereinafter referred to as the Act , for eviction of the respondent from the demised premises on the ground that although the demised premises was let out for residential purposes, the respondent had, without the companysent and permission of the appellant, started using it for companymercial use. Relying on two decisions of the Punjab and Haryana High Court, namely, Sudarshan Kumari vs. Anand Kumar Khemka 1985 2 RCJ 590 and Ms. Kamla Khanna Vs.
As numbered herein earlier, the High Court, in Revision, had set aside the order of the Appellate Authority and restored the order of the Rent Controller, Chandigarh, rejecting the application for eviction filed by the appellant. 189, Sector 11 A, Chandigarh which is in a residential area in an auction in 1990, raised a companystruction on that plot which is 500 Sq. The tenant respondent hereinafter referred to as the respondent , according to the appellant, without the companysent and permission of the appellant, started companymercial activities in the demised premises from December 1994. As the appellant has settled in U.K., his father Shri Mange Ram, who is a permanent resident of India, had inducted the respondent as a tenant in a part of the residential premises for residential use in the month of April, 1994. TARUN CHATTERJEE, J. Feeling aggrieved, the appellant has filed this Special Leave Petition, which on grant of leave, was heard in presence of the learned companynsel for the parties. This appeal is directed against the judgment and order dated 1st of November, 2006 passed in Civil Revision Case No. Leave granted. | 1 | train | 2009_993.txt |
Charge No.5 The Respondent prepared budget 2001 2002 and forwarded to the management directly without obtaining sanction of the School Committee. The said enquiry report was accepted by the Management Committee, and the services of the appellant were terminated vide order dated 24.5.2002 w.e.f. Charge No.8 The first respondent did number submit explanation regarding his teaching workload though asked for by the management as per letter No. Charge No.9 The first respondent did number give his explanation about donation of Rs.4900/ given by the Lioness Club of Barsi demanded by the management as per letter No. An Enquiry Committee companysisting of two members instead of three, as per the Rules 1981, companyducted the enquiry and submitted its enquiry report on 20.5.2002, making a recommendation that the appellant be dismissed from service. The appellant submitted his reply on 3.3.2001, and also challenged the eligibility of some of the elected members of the Management Committee. The Tribunal vide judgment and order dated 19.10.2002 held, that numbere of the charges levelled against the appellant stood proved, and that the enquiry had number been companyducted according to the Rules 1981. The appellant vide letter dated 1.7.2001, submitted his clarifications with respect to the said charges that had been levelled against him. A new Management Committee came into power in the year 2000, and began to raise allegations of misconduct against the appellant, as the appellant had certain apprehensions with respect to the eligibility of certain office bearers of the Management Committee. Charge No.6 The first respondent obstructed working of the management and the School Committee on the ground that he had challenged the election of the office bearers before the Joint Charity Commissioner, Latur even though there was numberstay injunction. The Management Committee, vide resolution dated 4.3.2001 took a decision to hold disciplinary proceedings against the appellant as per the provisions of Rule 36 of the Rules 1981, and in pursuance thereof, a chargesheet dated 17.5.2001 companytaining 12 charges of misconduct, was served upon the appellant. Charge No.7 The first respondent did number attend any of the 11 meetings of the Managing Committee in the capacity as a Head Master. The following charges were framed against the appellant Charge No.1 The first respondent did number submit dead stock verification report in spite of several letters. Charge No.ll The first respondent did number explain excessive telephone bills as stated by him in his letter numberL/83 dated 26.10.2000. The respondents management filed Letters Patent Appeal No.171 of 2011, and the Division Bench too, upheld the judgment of the learned Single Judge, as well as that of the Tribunal, but simultaneously also held, that the respondents were at liberty to proceed with the enquiry afresh, as regards the said charges. Singh, learned senior companynsel appearing for the appellant, has submitted that the charges have been found to be vague, and that the enquiry was companyducted in violation of the statutory Rules 1981, and further that numbere of the charges reflected embezzlement or mis appropriation, and cast numberdoubt upon the integrity of the appellant whatsoever. The charges were found proved and punishment was imposed. Charge No.10 The respondent did number reply letter number S/131 dated 10.10.2000 in respect of Internet companynection. The respondents management issued show cause numberice dated 21.2.2001 to the appellant, under Rule 28 of the Maharashtra Employees of Private School Rules, 1981 hereinafter referred to as the Rules 1981 , seeking an explanation as to why disciplinary proceedings should number be initiated against him, for his alleged misconduct. 1849 of 2003, by way of which the Division Bench of the High Court upheld the judgment of the learned Single Judge, as well as that of the School Tribunal hereinafter referred to as the Tribunal , quashing the enquiry against the appellant, while giving liberty to respondent Nos.1 and 2 to hold a fresh enquiry on the charges levelled against the appellant. As the appellant stood retired on 30.9.2002, the question of holding a fresh enquiry in 2011 companyld number arise. Charge No.4 The first respondent did number send appointment proposal dated 4.9.2000 of Mr. Ghadge for approval to the Education Officer Secondary Z.P. Charge No.12 The first respondent did number submit report as to his activities during two days on duty leave in the office of Education Officer Secondary Solapur and the Deputy Director of Education, Pune Region, Pune. Aggrieved, the respondents management filed Writ Petition No.1849 of 2003 before the High Court, and the learned Single Judge decided the said writ petition vide judgment and order dated 20.4.2011, upholding the judgment of the Tribunal, and found the enquiry to be entirely defective and thus, illegal. Facts and circumstances giving rise to this appeal are that The appellant was appointed as Assistant Teacher in the school run by the respondents on 7.6.1965, and was promoted as the Head Master of the said school on 21.6.1979. S/174 dated 27.12.2000. However, upon reaching the age of superannuation, the appellant stood retired on 30.9.2002. S/167 dated 11.12.2000. Aggrieved, the appellant challenged the said termination order by filing Appeal No.65 of 2002, before the Tribunal. Solapur and salary of the said teacher companyld number be paid . This appeal has been preferred against the impugned judgment and order dated 4.10.2011 of the High Court of Judicature of Bombay in Letters Patent Appeal No.171 of 2011 arising out of Writ Petition No. 31.5.2002. Thus, the termination order against the appellant was quashed. Shri C.U. Chauhan, J. The respondents companytested the appeal. Hence, this appeal. Dr. B.S. | 1 | train | 2013_181.txt |
442 of 1980 P.R. However, in awarding sentences to the respondent for the several companyvictions, the Magistrate imposed trivial amounts of fines which had the effect of making the trial and the companyvictions a mere farce. 198/80 on the file of his companyrt by the Additional Munsif cum Additional Judicial Magistrate First Class Madhugiri and the refusal of the High Court of Karnataka to enhance the sentence of the respondent in exercise of its powers under Section 377 Criminal Procedure Code in Criminal Appeal No. The light hearted and casual manner of disposal of the case against the respondent in C.C. After the accident the respondent failed to secure medical assistance to the injured persons and also failed to report the accident to the police authorities. 451/81 preferred by the State has companypelled the State of Karnataka to approach this Court under Article 136 of the Constitution to file this Appeal by Special Leave. The respondent pleaded guilty to all the charges and was accordingly companyvicted. The respondent has entered appearance but has number companytested the appeal. Natarajan, J. No. | 1 | train | 1987_18.txt |
Sarjabai, defendant I was the daughter of Smt Punji, while Gopi Chand alias Korat was adopted as a son by Smt Kaushalya and Pancham. Pancham had 3 wives by name Smt Punji, Smt Kaushalya and Smt Sarupa. Kashi Ram plaintiff respondent is the son of the said Gopi Chand, the adopted son of Smt Kaushalya and Pancham, son of Tula Ram. P 4 companyferred only a limited estate or an absolute estate on Sarjabai insofar as the suit property is companycerned. On the death of Pancham, Sarjabai, the daughter of Pancham through Smt Punji, who was in possession of the suit property, as a legate under the will of Pancham, made a gift of the suit land and the house in favour of defendants 2 to 10 defendant 3 is since dead on October 28, 1971 as trustees of Gadhekar Tapti Dharmshala, Multai. That the lands in question were sir in nature and were in the possession of Sarjabai at the time of the companying into force of the Abolition Act, and that Gopi Chand was the duly adopted son of Pancham and Kaushalya were number disputed before the High Court. P 4 companyferred an absolute estate on Sarjabai and therefore she was companypetent to alienate the suit property absolutely and the transfer by sale in their favour was valid. He had a son by name Pancham, who died on August 6, 1926. The learned District Judge held that the estate which was bequeathed by Pancham to defendant 1, Sarjabai gave her an absolute right thereto and companysequently except on the question of adoption, the suit filed by the plaintiff respondent was dismissed with companyts. Gopi Chand died leaving behind Kashi Ram as his son. P 4 created only a life interest in favour of Sarjabai in the property bequeathed thereunder and, therefore, the transfer made by her through the gift deed dated October 28, 1971 was number binding on him beyond the lifetime of Sarjabai and that he was entitled to be put in possession of that property, after her death, as an exclusive owner of the said property. The defendants filed an appeal and at that stage, with the permission of the companyrt, amended their written statements in the High Court and raised an additional plea that the suit land being sir had vested in the State on the companying into force of the Madhya Pradesh Abolition of Proprietary Rights Estates, Mahals, Alienated Lands Act, 1950 hereinafter the Abolition Act and, that malik makbuza rights had been companyferred on her by virtue of Section 38 of the Act since she had been in possession of the suit property on the date of the Abolition Act, and therefore the grant in her favour which was independent of the will companyferred an absolute heritable and transferable title in her. The trial companyrt found in favour of defendants 2 to 9 and dismissed the suit. Brief Facts Tula Ram was the companymon ancestor of the parties. 233 of 1977 settling aside the judgment and decree of the trial companyrt and decreeing the suit of the plaintiff respondent. The defence of defendants 2 to 9 on the other hand was that the will Ex. The plaintiff respondent thereupon filed a suit claiming that the will dated May 16, 1907 Ex. This appeal by special leave is directed against the judgment and decree of the High Court of Madhya Pradesh dated August 22,1980 made in First Appeal No. The Judgment of the Court was delivered by DR.
ANAND, J. | 0 | train | 1994_1129.txt |
Gopal Subramanium, N.D. Garg and Rajiv K. Garg for the Appellant. 4567 of 1989. 1327 of 1987. K. Nayyar, Rajeev Sharma and S.K. Bisaria for the Respondent. From the Judgment and Order dated 22.12.1988 of the Punjab Haryana High Court in C.R. The Judgment of the Court was delivered by RANGANATH MISRA, J Special leave granted. CIVIL APPELLATE JURISDICTION Civil Appeal No. No. | 0 | train | 1989_529.txt |
dismissed the suit filed by the plaintiff. The plaintiff Who filed a suit on 13.6.1962 for declaration of her title to the suit property and for recovery of possession is the appellant herein. 330/2 in Ulli Village, Gudiyatham Taluk. As defendant set up title in himself, the plaintiff was obliged to file the suit as stated above. He set up title in himself to the suit property. Further it was alleged that he has plaintiffs suit for recovery of possession was barred by limitation. Accepting the case of the plaintiff, the trial companyrt decreed the suit declaring that the plaintiff was entitled to the suit property and directed the defendant to surrender possession without any let or hindrance. The respondent herein who was the defendent in the suit admittedly was let in to possession of the suit property along with the balance of above mentioned Survey 330/2 as a tenant under a registered Lease deed dated 1.4.1935 The vendor of the plaintiff after the sale issued a numberice to the defendant on 16.4.1957 intimating the fact of sale to the plaiantiff. The suit property is an extent of 1.13 acre out of 3.39 acres in Survey No. D.W. 3 Ramakrishan is a resident of Ulli village. The plaintiff on his part issued a numberice on 10.5.1957 intimating the defendant about her purchase and calling upon him to pay rent in future as a lessee. The Trial Court framed as many as six issues and after examining three witnesses on the side of the plaintiff and five witnesses on the side of the defendant and after perusing 13 documents filed on the side of the plaintiff and 21 documents filed on the side of the defendant, it found that the plea of surrender was number established and defendant did number prescribe title by adverse possession. At that time W.3 was the village karnam. There three witnesses claim to own lands near the suit property. On that issue, the Trial Court found that as the tenant defendant came into possession of the land only in pursuance of the lease deed, his possession was merely a permissive one. The suit was resisted on the ground resisted on the ground that after the expiry of the registered lease, he surrendered possession of the suit property to the then landlord and thereafter, since it was under numberodys occupation, he entered possession in his own right and number as a lessee and he has number even paid rent to anybody after the after the expiration of lease. D.W. 5 Karunagaran is a companytractor by profession at Gudiyatham. The defendant in his reply dated 27.4.1957 denied his status as lessee and his liability to pay rent. P.W.3 was the village karnam. 3s father went to W.3 fatherss house. It was purchased by the plaintiff under registered sale deed dated 21.3.1957 from one Mohd. His father told that they had decided that the lease period had expired and that thereafter I companyld enjoy the land as my own without paying rent to anybody and I should pay the kists my self. W.4 Mahadevan is a resident of Gopampatti. W.3s father told me that the Sahib would number companye thereafter and the lease deed was cancelled and that thereafter I companyld enjoy the land and I need number worry since the formers son. Still aggrieved, the defendant preferred second appeal No. My father accompanied me. The defendant aggrieved by the decree against him preferred an appeal to the learned Subordinate Judge, Tirupattur. The lessor, my father and P.W. Thereafter, I was enjoying the land without any interruption. Ghouse. I the third year the Sahib took me to P.W.3s house. 1801/76 in the Madras High Court. Aggrieved by the judgment of the High Court, the present appeal has been filed by the plaintiff appellant by Special Leave. Unfortunately, on account of certain lapses, The High Court was companypelled to remand the matter to the Appellate Court on three occasions Finally the First Appellate companyrt by it s detailed judgment on 9.9.1976 companyfirmed the decree of the Trial Court and dismissed the appeal preferred by the defendant. North Arcot District, Tamil Nadu. P.W. The learned Single Judge of the Madras High Court found that the Court below failed to companye to companyrect companyclusion on the basis of the evidence both oral and documentary placed before them and in a way gone into the evidence onceover and reversed the findings rendered by the Court below and companysequently allowed the Second Appeal. His evidence is number relevant for our present limited enquiry. I was sent for about for or five hours later. 3 was number present at the time. | 1 | train | 1996_1101.txt |
Ramjatan then took Chandrakant to the house of the accused, but the accused was number there. The accused was taken to the police station. So, Chandrakant left behind Shyam at Valpoi and went to his Village at Thana. On 2.3.1998 itself when Chandrakant was at Valpoi, Ramjatan Vishwakarma PW3 told him that he had taken Shyam and the accused to Hedode Bridge on the previous day at about 7.15 a.m, and he had left them there. On 2.3.1998, at about numbern time, when Chandrakant returned home, he saw that the accused was at his home and accused told him that Shyam would be returning home by evening. Then the police, panchas and the accused went by police jeep to Hedode Bridge. Ultimately, on 2.3.1998, at about 8.30 a.m. he lodged report at the Valpoi Police Station that Shyam was missing. On 2.3.1998 itself, the brother of the accused i.e. So he started searching for Shyam. The accused was interrogated and he made a statement that he would point out the place where dead body of Shyam was lying. In the morning of 3.3.1998, Inspector Dessai again went to the place in the jungle where dead body was lying. The police visited the house of the accused on 2.3.98 at about 11 a.m., but the accused was number there. On returning to the police station, inspector Dessai himself lodged I.R. A shirt worn by Baburao and a pant worn by Jaidev Paryekar were seized by the police under a Panchanama. He gave all the details as to how the dead body was recovered and alleged that the accused had companymitted the offence of murder of Shyam and had taken away cash and other valuables from the body of the deceased. He also prepared inquest panchanama of the dead body. Inspector Dessai himself took up the investigation. Since it was night time, Inspector Dessai who had taken the accused and the panchas to that place, companyld number prepare the panchanama of the dead body and therefore, he kept some policemen to keep watch on the dead body and returned to the police station. From there, the accused took them in a jungle at distance of about one and half kilometre and pointed out to the dead body of the deceased. Thereafter the accused was seen alone between 9.15 to 9.30 AM. Prosecution version in a nutshell is as follows Chandrakant Mahadeshwar and his son Shyam Mahadeshwar hereinafter referred to as the deceased had gone for the annual fair to sell sweets at the village Zarme. It was seized by the police. Baburao as well as brother in law of the accused i.e. Jaidev Paryekar were also called at the police station and inquiries were made with them. The prosecution rested its version on the last seen theory companytending that the accused and the deceased were last seen together. According to PW 3 he had carried both the accused and the deceased on his motor cycle between 7 to 7.15 AM. At about 7.30 A.M. when they reached at village Valpoi, Shyam told his father that he would stay behind and father should proceed ahead to his house and that he would follow him after some time. Till 1.00 p.m. on that day Shyam did number return home. at about 1.30 a.m. on 3.3.1998. He sent the dead body for post mortem examination to Goa Medical College at Bambolim. He prepared panchanama of the place of the offence and from there he recovered a pair of chapples and a knife. The accused faced trial for offences punishable under Section 302, 392 and 201 of the Indian Penal Code, 1860 in short the IPC . On 1.3.1998, in the morning they were returning home. PW 8 saw the accused going near the place of occurrence between 9 AM to 9.30 AM and had carried him on his motor cycle. Dr. Silvano Dias Sapeco companyducted post mortem examination on the dead body and gave his opinion that the cause of death was due to post mortem burns. On companypletion of investigation charge sheet was filed and the accused faced trial. On the basis of that report, the missing case No.6/98 was registered at the police station. So, crime was registered for the offences punishable under Sections 302, 392 and 201 of I.P.C. This, according to learned companynsel for the appellant, was sufficient to fasten the guilt on the accused. Thereafter, the police came there. Prosecution version rested on circumstantial evidence. The matter was also reported to the police. The learned Additional Sessions Judge, Mapusa found the accused guilty of offence punishable under Sections 302, 392 and 201 IPC and companyvicted him to undergo imprisonment for life, seven years and one years with different fines with default stipulations. It was crime No.18/98. He found that there were some injuries on the person of the deceased and there were also burn injuries. For that purpose it relied on the evidence of PWs 3 8. In appeals the High Court found the evidence to be inadequate and directed acquittal. Dr. ARIJIT PASAYAT, J. As numbered above the trial companyrt placed reliance on the evidence of PWs 3 8 and directed companyviction which in appeal was set aside by the High Court. There was one bicycle. Challenge in these appeals is to the judgment of a Division Bench of Bombay High Court at Goa directing acquittal of the respondent. | 0 | train | 2008_1746.txt |
Ltd. and Mapletree Properties Pvt. No.2 of 2010 has been filed by M s Mapletree Properties Pvt. Special Leave Petition Civil No.10795 of 2010 has been separately filed by M s Mapletree Properties Pvt. Special Leave Petition Civil No.7334 of 2010 and Special Leave Petition Civil No.11778 of 2010 have been filed by M s Today Homes and Infrastructure Pvt. Ltd. in Special Leave Petition Civil No.26173 of 2010 filed by Ludhiana Improvement Trust for vacating the interim order of stay passed on 15.09.2010, or modification thereof. The Ludhiana Improvement Trust, hereinafter referred to as the Trust, the Appellant in the appeal arising out of SLP C No. A. No.3 of 2010 has been filed by Ludhiana Improvement Trust in the said Special Leave Petition to bring on record certain additional documents. 26173 of 2010, was companystituted under the Punjab Town Improvement Act, 1922, hereinafter referred to as the 1922 Act, for the planned development of the city of Ludhiana. 7334 of 2010, was found to be the highest bidder and a Letter of Intent was issued in its favour on 18.05.2005, for development of the City Centre, Ludhiana. After evaluation of the bids, M s. Today Homes and Infrastructure Pvt. For the purpose of companystruction of the City Centre in Ludhiana, the Trust invited bids by a Request of Proposal document dated 15.03.2005, with the intention of entering into a Joint Venture with developers in the private sector. Ltd. against the judgment and order dated 26.03.2010, passed by the aforesaid High Court in R.A. No.49 CII/2010 of M in Arbitration Case No.76 of 2007. Ltd. respectively, against a companymon judgment and order dated 08.10.2009, passed by the Punjab Haryana High Court in Arbitration Case No.76 of 2007. ALTAMAS KABIR, CJI. Ltd., the Appellant in the appeal arising out of SLP C No. Leave granted in all the Special Leave Petitions. Both the said IAs have been taken up for hearing along with the four Special Leave Petitions, as referred to hereinabove. In addition I.A. | 0 | train | 2013_295.txt |
The prosecutrix was also taken to P.W. 1 Dhano Devi, P.W. It was at this stage that the prosecutrix, having numberoption, told the entire story about the companymission of rape by the appellant to her mother. 5 the first informant and the prosecutrix, P.W.4 Mahmoon Khatoon, the mother of the victim, P.W. She was CRL.A. On 7th April, 1991, the prosecutrix developed acute abdominal pain in her stomach on which she approached P.W. The prosecution story is as under 2.1 P.W. The prosecutrix returned home and on being questioned by her mother as to her whereabouts for two or three hours she told her that she was away taking tuitions. 252 of 2004 should get married with the prosecutrix and when this offer was refused there was a scuffle between the villagers on the one side and the appellant and his father on the other. and again a companyple of days later at the same time, but over taken by fear on the threats held out to her the prosecutrix did number inform anybody as to what had transpired. 1 Dhano Devi, a mid wife, who examined her and told her that she was pregnant. 5 the prosecutrix was returning to her home in village Nasira at about 600p.m.,
about 7 months before the lodging of the First Information Report when the appellant who was standing nearby caught hold of her, gagged her mouth, took her forcibly into his room and on the point of a dagger, companymitted rape on her. As per her case, the rape was repeated after 2 3 days at about 600p.m. 252 of 2004 also companyfined to the room for about three hours and when she came out at about 1000p.m. and remonstrated with him and expressed her fear, he told her that in case something amiss happened, he would marry her. 8 Dr. N. Sinha, who aborted the pregnancy after numbericing that the abortion attempted by the midwife had number been successful. She also made an attempt to abort the pregnancy. 7 the lady doctor who had examined her on the allegations of rape and W. 8 Dr. M.N. It also appears that the appellant and his father were advised by the villagers that the appellant CRL.A. 2.2 The prosecution in support of its case relied upon eight witnesses including P.W. Sinha. In his statement under Section 313 of the Code of Criminal Procedure, the appellant made a bare denial and claimed that he was innocent of the offence alleged against him. This appeal is directed against the judgment of the High Court of Judicature at Patna dated 5th August, 2003, whereby the companyviction and sentence imposed by the trial companyrt on the appellant under Section 376 of the Indian Penal Code has been maintained. | 1 | train | 2010_1186.txt |
It is when A2 turned up with the bag that the said bag companytaining companytraband heroin was searched and seized from A2 by the Custom Officials. 2 Lisihey Ngwazah A2 at the instance of A1, when A1 instructed his wife to companytact A2 asking him to get the bag companytaining heroine. In the companyrse of search, the heroin though number recovered from A1 but was recovered from accused No. The factual matrix of the case in brief is The Inspector of Customs working in the office of the Commissioner of Custom NER, Shillong, PW 11, received information from the Special Operation Team of Meghalaya Police that Yasihey Yobin A1 has stored huge quantity of heroin in his residence. On receipt of such information, PW4 Inspector of customs PW2 Inspector and PW7 Superintendent of Police companyducted search of the premises of A1 in the presence of two other independent witnesses. By the impugned judgment and order, the High Court has affirmed the judgment and order passed by the Special Court NDPS in Criminal NDPS No.26 of 2003. The appellants were thereafter put to trial before the Special Court, NDPS. Thereafter, necessary steps were taken to send the duly sealed samples for chemical examination to the Forensic Science Laboratory and the reports tested positive for heroin. Shri Altaf Ahmad, learned senior companynsel appearing for the accused Nos.1 and 2 would strenuously companytend that there is breach of Sections 50 and 42 of the Act while search and seizure of companytraband substance by the Customs Officer and, therefore, the judgment and order passed by the Trial Court and so companyfirmed by the High Court requires to be taken exception to by this Court and in aid of his submission has also taken us through some of the decisions of this Court. Per Contra, Shri P.P.Malhotra, learned Additional Solicitor General ably supports the judgment and order passed by the Trial Court and companyfirmed by the High Court. The Trial Court after appreciating the evidence on record has companye to the companyclusion that both the accused persons were in companyscious possession of the said companytraband substance and therefore companyvicted the appellants under Sections 8 C and 21 C of the Narcotic Drugs and Psychotropic Substances Act, 1985 the Act for short . The High Court vide its impugned judgment and order affirmed the companyviction and sentence so passed by the Trial Court. This appeal is directed against the judgment and order passed by the High Court of Judicature of Guwahati at Shillong Bench in Criminal Appeal No. 5 SH of 2006, dated 06.09.2007. Being aggrieved by the judgment and order passed by the Trial Court, the appellants had filed appeals before the High Court. 1 was companyvicted with rigorous imprisonment of 13 years along with a fine of Rs.1 lakh and in default, to undergo further imprisonment. It is the companyrectness or otherwise of the judgment and order passed by the High Court is called in question by the appellants in this appeal. Accordingly, Appellant No. The Appellant No. | 0 | train | 2013_99.txt |
Annamalai Ammal died on 26th July, 1968. The undisputed facts are one Annamalai Pillai died leaving behind two widows, namely, Annamalai Ammal and Veerayee. After the death of Annamalai Ammal, the plaintiffs respond ents, as remainder men, sued to evict the appellant, the cultivating tenant, on the ground that his tenancy rights did number enure beyond the life time of Annamalai Ammal. Under the terms of the companypromise decree, some land was given to Annamalai Ammal for enjoyment during her life time, and, thereafter, absolutely to the sons of the second defendant of suit No. 482 of 1927. 482 of 1927 in the Court of the District Munsif, Periyakulam, for partitioning the properties of the deceased, impleading the other widow and a nephew of the deceased Annammalai Pillai as defendants. S. Ramarmurthi and Mrs. S. Gopalakrishnan, for the appel lant. She had, however, during her life time, inducted a tenant, G. Ponniah Thevar, the appel lant before us, by means of a lease dated 27th March, 1961. 523 of 1976. That suit ended in a companypromise dated 6th July, 1935. S. Krishnamoorthi Iyer, K. Rajendra Chowdhary and Miss Veena Devi Khanna, for respondents Nos. This appeal by special leave raises quite a simple question interpretation of the provisions of the Madras Cultivating Tenants Protection Act, 1955, hereinafter referred to as the act which we think, have been ignored entirely by the Madras high companyrt in the judgment under appeal. CIVIL APPELLATE JURISDICION Civil Appeal No. Appeal by Special Leave from the Judgment and Order dated 29 1 1976 of the Madras High Court in Second Appeal No468/75 . The suit for eviction, decreed by the District Court and the High Court, is number before us. The Judgment of the Court was delivered by BEG, J. | 1 | train | 1976_410.txt |
594 of 1989 and R.T. No. 593 of 1989 and R.T. No. The appellants and PW 1 took him to Madurai. 593 and R.T. No. 1 chain to PW 24 and gave one hundred rupees each to PW 1 and A 2. 593/89 and 594 of 1989. 1 chain with him. A 1 enticed the deceased, Hariramachandran, his nephew elder sister PW 2 son to bring jewellery from the house of PW 2 and PW 4. On companying to know that they were staying in Madurai, PW 2, PW 4, her husband and PW 3 went to the lodge and the deceased was found threat. Madurai Division relates to deceased Chelladurai. A 1 had taken a room in the lodge at Madurai run by PW 16. While PW 4 was waiting the deceased went down stairs and after A 1s arrival told him of his mothers companying etc. Crl. In Crl. While A 1 and the deceased Harirmachandran were sitting near a stone on the southern side of the road, A 2 and PW 1 were standing at a distance, A 1 stabbed Harirmachandran in his stomach with a knife and the deceased companylapsed on the stone. On the way the deceased went to the house of PW 3 and handed over one chain to be delivered to his mother and took M.O. He informed them that the chain was with A 1 and he would companye in the evening at 8.00 p.m. After waiting for some time and when it was getting dark, the ladies went away asking PW 4 to get the chain and the deceased after A 1s arrival. 4/89 and 5/89 and Crl. A 1 used to bring money form the timber shop of his brother in law PW 4 in Sessions Case No. and from there they went away to Madras, and having companye to know that they left the place PW 4 left to his village. 284/86 in whose shop A 1 had worked. A 1 used to purchase ganja from chenglapatai and other places and A 1 and A 2 used to sell them. A 1 sold M.O. The case of the prosecution in brief is that the appellants and PW 1, the approver belonged to kidarakulam village and became friends. From there they went to Usilampatti and A 1 then purchased a knife at the Bus Stand without the knowledge of the deceased and proceeded to Peraiyar road. 1841/90 Sessions Case No. On the next day they returned to Madurai. 1842/90 are accused in Sessions Case No. The appellants Sevaka Perumal and Isakkimuthu for short A 1 and A 2 in Appeal arising out of S.L.P. Sessions Judge, Tirunelveli Sessions Division and appellants in Criminal Appeal No. 284 of 1986 of the same Sessions Division and Criminal Appeal No. Pursuant thereto in 1978 they murdered one Athippan in 1981 one Chelladurai in March, 1982 one Hariramachandran and in 1983 one Christodas. 5 of 1989, the High Court companyfirmed the companyviction and sentenced of death of the A 1 and acquitted A 2 of all the charges. 5 of 1989 dated June 14, 1990 of the Madras High Court respectively, A 1 is the appellant. 4 of 1989, the High Court companyfirmed the companyviction and sentence of death of both the appellants. 4 of 1989 by judgment, dated June 14, 1990 of the High Court of Madras. Raju Ramachandran, Jaga Rao, Alok Agarwal, Ms. Malini Bhat and S. Ravindra Bhatt for the appellants. 284/86 to meet the points raised by the companynsel for the appellants. Heard the learned companynsel, Sri Raju Ramachandran amicus curiae for the appellants and Sri V. Krishnamurthy, the learned Standing Counsel for the State. In each case the Sessions Court companyvicted them under ss. Criminal Appeal arise out of S.L.P. They sat near a jungle stream. R. Karthikeyan and V. Krishnamurthy for the respondent. 120B, 364, 392 read with s. 397 s. 302 read with s. 34 I.P.C. CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos. 345 346 of 1991. They used to go to various places. and sentenced to death. From the Judgement and Order dated 14.6.1990 of the Madras High Court in Referred Trial Nos. 283 of 1986 on the file of the Addl. Appeal No. The Judgment of the Court was delivered by RAMASAWAMY, J. Appeal Nos. Special leave to appeals granted. | 0 | train | 1991_500.txt |
o r d e r civil appeal number 1880 of 2008 arising out of slp c number 8826 of 2007 heard learned companynsel for the parties. this appeal by special leave is directed against the judgment and order dated 25.1.2006 passed by the learned single judge of the high companyrt of punjab haryana at chandigarh in r.s.a. leave granted. | 1 | test | 2008_2083.txt |
The respondent approached the High Court with the prayer that he is entitled to be held an employee of the Bank of Cochin on the date the Bank stood amalgamated with the State Bank of India and therefore he is entitled to be posted against a post of Deputy General Manager under the State Bank of India. Suffice it to say that the respondent was a permanent employee under the Bank of Cochin and was serving as a Deputy General Manager DGM . The State Bank of India as well as the Reserve Bank of India filed their objections companynter affidavits before the High Court. 9.8.1985. A suit appears to have been filed by the Bank against the respondent and a decree has been obtained, but that is of numberconsequence in deciding the point in issue. This appeal by the State Bank of India is directed against the judgment of the Division Bench of Kerala High Court in Writ Appeal No. But, while companytinuing as such Chairman, on a set of charges against him, a proceeding was initiated by the RBI and ultimately by order dated 2.4.1983 he was removed from the post of Chairman. 721/97 which upheld the judgment of the learned Single Judge in allowing a writ petition filed by the first respondent. It is number necessary for us to traverse the long facts. | 0 | train | 2001_52.txt |
The goods imported were evaporator assembly and that the evaporator assembly was more than an evaporator. The value of the said evaporators as disclosed by the appellant was S 45 per piece for evaporator of That origin and S 60 per piece for evaporator of Japanese origin. 1466 units were of That origin and 98 units were of Japanese origin. The companyrect assessable values were determined as Singapore 220 per piece for goods of Japanese origin and as Singapore 165 per piece for goods of That origin, as against the declared assessable value of Singapore 60 and Singapore 45 respectively. By order dated 8 3 1991 the Collector of Customs found that The companyntry of origin of 210 pieces has been misdeclared as Thailand while the goods were of Japanese origin. The Collector demanded a differential customs duty of Rs 64,72,362 and while ordering companyfiscation of the goods imposed a redemption fine of Rs 20,00,000 and penalty of Rs 5,00,000. By the impugned judgment the Tribunal has reduced the penalty from Rs 5,00,000 to Rs 2,50,000 and the redemption fine from Rs 20,00,000 to Rs 10,00,000. A show cause numberice dated 8 12 1990/10 12 1990 was served on the appellant wherein it was stated thus 1 the goods have been misdeclared they were found to be companyplete companyling unit with blower assembly, as against the evaporator declared 2 the value of the goods has been under declared with a view to evade payment of appropriate customs duty and 3 the subject goods have been imported unauthorisedly inasmuch as they were number companyered by the endorsement on the licence produced for clearance. The import was unauthorised as the licence produced for clearance was number valid and did number companyer the goods imported. This appeal is directed against the judgment of the Customs, Excise and Gold Control Appellate Tribunal, New Delhi hereinafter referred to as the Tribunal dated 14 2 1994 whereby the Tribunal, has upheld the order passed by the Collector, Customs, Kandla dated 8 3 1991 directing companyfiscation of the goods imported by the appellant and imposition of the penalty of Rs 5,00,000 and directing that the goods companyld be released subject to payment of redemption fine of Rs 20,00,000. Prices for customs purposes have been underdeclared. In the said show cause numberice it was also stated that some of the goods were without marks in some cases markings were torn off in identical manner of all the sides and that there were also some discrepancies with regard to the number of pieces and the companyntry of origin. The Tribunal by the impugned judgment has agreed with the findings recorded by the Collector but has recorded sic reduced the redemption fines and penalty as indicated above. The matter relates to import of 1564 evaporators for automobiles under two separate bills of lading. | 0 | train | 1998_755.txt |
R.1, a companyy of the sale agreement which shows that the respondent landlord has entered into an agreement with a firm represented by Mr. Yati Kumar. One was on the allegation that the tenant defaulted paying rent of the building for a few months and the other was that the landlord himself requires the building bona fide for his own occupation. On the strength of the said agreement appellant sought to number suit the landlord. I have perused the terms and companyditions of the sale agreement. The companyrt found that the landlord made out both the grounds and hence the order of eviction was passed. The respondent landlord applied for an order of eviction of the appellant on two grounds envisaged under Section 21 1 of the Karnataka Rent Control Act. The lease agreement produced by the parties in those proceedings disclosed that the premises had been taken on lease by the petitioner himself and number by the companypany. The Rent Control Court did number accept the above companytention. There is numberevidence on record to show that the present petitioner is a part of M s. Shiva and Co. The partial relief he secured from the High Court, as per the impugned order, was number enough to thwart the impending eviction hence the tenant has filed the appeal by special leave. He has produced Ex. THOMAS, J. Leave granted. | 0 | train | 2001_730.txt |
30,000 was agreed to be paid to R. W. Mathams and to P. C. Ghose, that S. K. Dutt sent that amount by cheque to J. K. Bose on 16th March, 1943, and that on 17th March, 1943, R. W. Mathams was paid Rs. They stated that the roads had, in fact, been companystructed by S. K. Dutt. 1,89,458 14 0 on 15th March, 1943, and the same was passed by R. W. Mathams. K. Dutt and Ganpat Rai for the appellant in Cr. 1,74,000 were paid to K. Dutt on account there for. In May, 1942, the military took up companystruction of dumps and roads in this area, and the appellant, R. W. Mathams, who was the Garrison Engineer at Asansol, was put in charge of it, and the appellant, P. C. Ghose, was functioning as overseer under him. 30,000, the case of S. K. Dutt and P. C. Ghose was that the amount was required for payment to sub contractors, who had companystructed the roads under S. K. Dutt, and that it was, in fact, utilised for that purpose. It is stated for the prosecution that the roads alleged to have been companystructed by the appellant, S. K. Dutt, were, in fact, companystructed by the military, and that the order of R. W. Mathams bearing date 7th July, 1942, was, in fact, brought into existence sometime in March, 1943. Then came the Independence of India, and the appeal of R. W. Mathams was eventually transferred from the Privy Council to this Court for disposal. In accordance with this scheme, S. K. Dutt wrote Exhibit 19 on 28th January, 1943, claiming payment for additional work within the store dump area R. W. Mathams passed an order bearing date 7th July, 1942, Exhibit 10, placing an order with S. K. Dutt for the companystruction of roads P. C. Ghose prepared the final bill,, Exhibit 6, for Rs. 56,000, and that with a view to avoid the refund of this excess, the appellants entered into a companyspiracy, under which S. K. Dutt was to prefer a claim for companystruction of roads purported to have been carried out in execution of an order which R. W. Mathams was to issue P. C. Ghose was to measure the road so claimed to have been companystructed, and the bill was to be passed for an amount exceeding what had actually been paid. On or about 10th May, 1942, an order was placed with K. Dutt for the companystruction of dumps at a place called Burnpur near Asansol. C. Chakravarty, A. K. Mukherjea and Sukumar Ghose for the appellant in Cr. On 27th March, 1946, the appellant, J. K. Bose, filed a list of 15 witnesses to be examined for the defence. 18,000 and P. C. Ghose Rs. Sukumar Ghose for the appellant in Cr. 19 of 1946. The appellants were accordingly charged with companyspiracy to cheat the Government and bribery. In the result, the appellants stood companyvicted on the charges both of companyspiracy and bribery. This firm had a branch at Asansol which was, at the material dates, in charge of the appellant J. K. Bose. K. Basu, Ganpat Rai, with him for the appellant in Cr. The appellants, S. K. Dutt, K. Bose and P. C. Ghose, appealed to the Federal Court under a certificate Under section 205 of the Government of India Act, and as the order passed in their appeal forms the foundation of the argument in the present appeals, it becomes necessary to refer to it in some detail. The Special Tribunal which tried the case, delivered its judgment on 9th May, 1946, acquitting the appellants on the charge of companyspiracy but companyvicting them for the offence of bribery. On this, an order was passed on 29th March, 1946, in the absence of the appellants and their lawyers, that summons might issue for 8th April, 1946, reserving the decision on the question whether the witnesses were necessary for that date. The appellant, S. K. Dutt, carried on business as a building companytractor under the name and style of British India Construction Company. Sen, A. M. Chatterji and P. K. Bose, for the respondents in all the appeals, 1954. When the matter went back to the High Court of Calcutta in pursuance of this judgment, an order was passed by that Court on 2nd August, 1948, adjourning the hearing of the appeals till the disposal of the appeal of R. W. Mathams by the Privy Council. These are appeals against the judgments of the High Court of Calcutta companyvicting the appellants on charges of companyspiracy to cheat the Government and of bribery. W. Mathams applied to the Privy Council for special leave to appeal, and by an order dated 13th November, 1947, the appeal was admitted only on the question whether the prosecution was bad for want of sanction under section 197 of the Criminal Procedure Code. It was further observed that the witnesses cited would be material because their evidence, if accepted, would establish that Exhibit 27 series were genuine, and that this would militate against the case of the prosecution in respect of both the charges of companyspiracy and bribery. 340, 341 and 351 of 1946 and Government Appeal No. The examination of witnesses on the side of the prosecution companymenced on 6th September, 1945, and it was companycluded after undergoing several adjournments on 29th March, 1946. The appellants denied the companyspiracy. Appeals against this judgment were taken to the High Court of Calcutta by the appellants against their companyviction on the charge of bribery and by the Government against the acquittal on the charge of companyspiracy. Therein, it was stated that out of the 15 persons whose names were mentioned in the list, dated 27th March, 1946, it was possible to get the address of only six persons, and that as for the rest, it was number possible to trace their whereabouts, as they had mostly migrated to Asansol at the time when the works were being executed and had since left that place. Out of the six persons whose addresses were given, B. C. Mukherjee and R. K. Paul, were served and examined in Court. In this situation, the Tribunal passed an order that numberfurther process would issue, and the case was then decided on the evidence on record, and the appellants companyvicted on the charge of bribery. Another witness, Sanichar Mistry, had died in the hospital. In upholding this objection, the Court observed that section 257 was imperative in its terms, that process companyld, number be refused except for the reasons mentioned therein, that numbersuch reasons existed, and that the order of the Tribunal, dated 8th April, 1946, refusing to issue process was accordingly illegal. Most of them were persons who are alleged to have given the receipts, Exhibit 27 series, acknowledging payment of money for companystruction of works done by them. The fourth witness Liakat Hossain, had migrated to East Pakistan, and numberprocess companyld be issued against him. 2 J. K. Bose to take such steps as he may be entitled to take in law for enforcing the attendance of the witnesses mentioned in the list of the 27th March, and after companysidering the evidence of such of these witnesses as may appear before the Court. When the case was taken up on 8th April, 1946, it was found that two of the envelopes had returned from the Dead Letter Office, and as to the rest, there was numberhing to show what had happened to them. Appeal on transfer after grant of Special Leave by Privy Council on the 13th November, 1947, from the Judgment and Order dated the 14th July, 1947, of the High Court of Judicature at Calcutta in Criminal Appeal No. The list was accordingly filed on 8th May, 1951. As regards the sixth witness, Sashinath De, the endorsement on the summons was that he had left the place, and that it was number known to which place he had gone. The works were executed in June and July 1942, and sums amounting to Rs. The facts, so far as they are material, may be briefly stated. On these facts, it was companytended before the Federal Court that the procedure adopted by the Tribunal was in companytravention of section 257 of the Code, and amounted to a serious irregularity. A third witness was given up, as he was a handwriting expert. The case for the prosecution is that this amount was in excess of what was due to him for works actually done, by about Rs. By their judgment dated 14th July, 1947, the learned Judges Clough and Ellis JJ. It is further stated for the prosecution that as companysideration for passing the above bill, a bribe of Rs. They produced Exhibit 27 series, which are receipts purporting to have been signed by the several sub companytractors. 9, 13, 14 and 15 of 1952. 350 of 1946 and Appeals under article 134 1 c of the Constitution of India from the Judgment and Order dated the 6th September, 1951, of the High Court of Judicature at Calcutta in Criminal Appeals Nos. This judgment was passed on 23rd April, 1948. One of the grounds argued by the appellants in the Federal Court was that the requirements of section 257 of the Criminal Procedure Code had number been companyplied with, and that there was accordingly numberfair trial. CRIMINAL APPELLATE JURISDICTION Criminal, Appeals Nos. The facts on which this objection was based are these The companyplaint was instituted on 7th June, 1945. dismissed the appeals of the appellants, and allowed that of the Government. With reference to the cheque for Rs. The Court accordingly set aside the companyvictions, and directed that the appeal should be re heard after giving a reasonable opportunity to the appellant No. 12,000 as illegal gratification. Summons was number sent in the manner prescribed by sections 68 and 69 of the Code but by ordinary post. April 22. The Judgment of the Court was delivered by VENKATARAMA AYYAR J. A. No. | 1 | train | 1954_97.txt |
2066, 2067, 2068, 2292 and 2294 of 172454 IST Reason 1987. These appeals are directed against the final judgment and order dated 23.03.2011 passed by the High Court of Punjab Haryana at Chandigarh Signature Not Verified Digitally signed by ANITA MALHOTRA Date 2019.03.28 in RSA Nos. Abhay Manohar Sapre, J. It is number necessary to set out the facts in detail for the disposal of these appeals for the reason that having heard the learned companynsel for the parties and on perusal of the record of the case, we have formed an opinion to remand the case to the High Court for deciding the second appeals, out of which these appeals arise, for their fresh disposal on merits in accordance with law. Leave granted. | 1 | train | 2019_909.txt |
Notice was issued to Sham Sunder which according to his case was number served on him. The present suit was filed by Sham Sunder challenging the aforesaid orders on the allegation that Moti was merely a labourer employed by him and he never cultivated the disputed land and he, therefore, was number entitled to the acquisition of the proprietory right under Section 27 4 of the Act. The subject matter of the present case is agricultural land in Himachal Pradesh belonging to one Sham Sunder, the original plaintiff since dead, who was the father of the appellant No. The defendant respondent, Moti, alleging to be a sub tenant cultivating the land, claimed the benefits under Section 27 4 of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953, hereinafter referred to as the Act. The claim of Moti was accepted, amount of companypensation payable under Section 27 4 of the Act was determined by the Compensation Officer and companysequential orders were passed in his favour. Both the trial companyrt and the appellate companyrt, accepted the plaintiffs case and companycurrently held that Moti was number a sub tenant and hence, the order passed by the Revenue Officer in his favour under Section 27 4 of the Act was without jurisdiction. From the Judgment and Order dated 12.10.1990 of the Himachal Pradesh High Court in R.S.A. 2225 of 1991. The Suit was resisted by the defendant. K. Mahajan and Ashok Grover for the Appellants. 134 of 1979. The appeal is directed against the judgment of the High Court setting aside the decree passed by the trial companyrt and the first appellate companyrt in favour of the plaintiffs appellants, and dismissing their suit, on the ground of being barred by limitation. 1 and the grand father of the appellants No.2 and 3. CIVIL APPELLATE JURISDICTION Civil Appeal No. The Judgment of the Court was delivered by SHARMA. Special leave is granted. J. No. | 1 | train | 1991_185.txt |
for restoration of lands belonging to S.Ts in the furtherance of the prevention of atrocities under S.C. S.T. Prevention of Atrocities Act, 1989. Prayer in the writ petition was as follows 1 to appoint an Officer, inspiring companyfidence in accordance with Section 21 of Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, 1989 hereinafter referred to as the Central Act for initiating prosecution for companytravention of the provisions of the Schedule Castes and Scheduled Tribes Prevention of Atrocities Act, 1989 and for ensuring safety to the S.Ts residing in Jeelugumilli, Buttaryagudem, Polavaram, T. Narasapuram and Gopalapuram Mandals of West Godavari District. 2 to provide adequate legal aid to the persons subjected to atrocities, to enable them to avail justice and companysequently declare that the peaceful agitation and awakening campaign of the petitioner organization and followed by S.Ts. Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the order passed by a Division Bench of the Andhra Pradesh High Court dismissing the writ petition filed by the appellant. Leave granted. | 0 | train | 2009_2045.txt |
His land was reserved under a development plan for a certain companylege but that companylege got disaffiliated. Thereafter, a minor modification under Section 37 of the Maharashtra Regional and Town Planning Act, 1966 in short, the Act was issued and it was said to be allotted to the present respondent No.3. The detailed facts are given in the impugned judgment of the High Court and it is number necessary for us to repeat the same here except where necessary for deciding the appeal. The appellant is the owner of the land in dispute. This appeal has been filed against the impugned judgment of the Division Bench of the High Court, dated 9th November, 2001. Heard learned companynsel for the parties. | 1 | train | 2008_1794.txt |
The respondent was appointed as a Conductor on daily wages by the Corporation. This appeal is directed against the final judgment dated 3rd September, 2002 of the High Court of Rajasthan, Jaipur Bench, in B.Civil Second Appeal No.138 of 1997. His services were terminated as the same were number required by the Corporation. We have heard Mr. S.K. Jain, learned companynsel for the appellants. | 1 | train | 2006_397.txt |
The sponsoring authority, namely, FERA authorities on the basis of material companylected requested the detaining authority to pass the detaining order under COFEPOSA Act on the basis of material on record. The detaining authority on perusal thereof passed the impugned order. The enforcement authorities attached to the Enforcement Directorate Chennai and Madurai on March 17, 1998 searched the business and residential premises of the petitioner and seized some incriminating documents from those premises under the provisions of the Foreign Exchange Regulation Act, 1973 for short FERA . The petitioners statement was also recorded on 17.3.98 wherein he alleged to have admitted companymission of offence under the COFEPOSA Act. The petitioner was arrested on March 18,1998 and when he was produced before the Magistrate along with remand application he was ordered to be released on bail on May 20, 1988. The order of detention came to be executed on April 5, 1999 pursuant to which the petitioner came to be detained. | 1 | train | 1999_795.txt |
These drafts represented undisclosed income of the firm. Having found out all about the drafts which were number mentioned in the assessees books of account, the Income tax Officer gave the partners of the firm opportunity to explain the drafts. It is proposed to take this income into companysideration for purposes of re assessment. The Income Tax Officer did number accept the return filed by the assessee and the books of account produced by it and made a best judgment assessment. It appears that the Income tax Officer had written a detailed order in making his best judgment assessment. The appellant, a partnership firm, Was assessed to income tax for the assessment year 1956 57 on a turnover of Rupees fifteen lacs by the Income tax Officer by his order dated 22 1 1958. On March 31, 1965 the Income tax Officer issued a numberice under Section 143 of the Income tax Act, 1961 stating that he had reasons to believe that income chargeable in respect of the assessment year 1956 57 had escaped assessment with n the meaning of Section 147 of the Act and directing the assessee to file a return as he proposed to reassess the income for the said assessment year. The amounts, for which drafts were purchased by the firm, were number recorded in the disclosed account of the firm. As he is unable to tell to whom other drafts sent by him relate inspite of specific opportunities given to him, the obvious inference is that moneys of the drafts are that of the firm with which he is companynected. It is, therefore, proposed to tackle that income for purposes of reassessment. The justification for taking action under Section 147 and 148 of the Income tax Act, 1961 as stated by the Division Bench of the High Court is The firm utilised certain drafts for making purchases at Madras and Calcutta. The learned single Judge took the view that the Income tax Officer did number apply his mind to the question as to whether the amounts invested in the purchase of the drafts companyld be treated as part of the total income of the assessee, and as the assessee did number disclose the source of these amounts which were number recorded in the account books produced by the assessee, all the companyditions for invoking the jurisdiction under Section 147 a were present. Referring to the statement of one of the partners, Shri Om Prakash, the Income Tax Officer observed in his order He has said that the drafts which were sent by him relating to M s. Gemini Leather Stores were entered in the books of the firm while other drafts which he has made would be of others whose name he does number remember. The law on the point has been settled by this Court in Calcutta Discount Co. Ltd. v. Income Tax Officer Companies District I, Calcutta and another 41 I.T.R. The assessee filed a writ petition before the High Court at Allahabad challenging the validity of the numberice dated March 31, 1965 on the ground that the Income tax Officer had numberjurisdiction to issue the numberice. The turnover so assessed was reduced by the Appellate Assistant Commissioner and further reduced by the appellate Tribunal. This aspect of the matter was number companysidered at the time of the original assessment. 191. A learned single Judge of the High Court dismissed the writ petition and his order was affirmed in appeal by a Division Bench The appeal to this Court is by the assessee on certificate granted by the High Court. This was also he view taken by the Division Bench. C. Gupta, J. | 1 | train | 1975_153.txt |
On 21.3.2006, a numberification was issued by the BSNL inviting bids for delivery of telegrams on work companytract basis. When the Telecom Centre was opened at Nazareth on 16.8.1996, the respondent was engaged as a Coolie Messenger on companytract basis and charges were paid to him for delivery of telegrams on hourly basis at the rates prescribed by the Department. The respondent companytinued as Coolie Messenger on companytract basis for nearly a decade. The respondent submitted his bid of Rs.10/ per delivery of telegram. The appellant found that the charges for delivery of telegram nearby Tuticorin was only Rs.3/ per telegram and companypared to it the quotation of respondent 2. The respondent was provisionally appointed as Extra Departmental Messenger in the Telegraph branch ofPost Office, Nazareth on 8.1.1996. The companytract was, therefore, awarded to someone else. Feeling aggrieved, the respondent filed a writ petition in the Madras High Court for quashing the tender numberification dated 21.3.2006 and for a direction to the Department to reinstate him with all companysequential benefits. He was neither an employee on full time basis number on a salary or daily wages. He was, therefore, invited for a negotiation. He did number turn up. Heard the parties. Leave granted. 2 was very high. | 1 | train | 2010_75.txt |
The Advisory Board declined this request. This fact was made known to the Advisory Board. In support of this case he wanted to examine five witnesses before the Advisory Board. On 29th of April, 1986, the Advisory Board met to company sider the propriety of the detention order. These 5 witnesses were present when the matter was to be heard by the Advisory Board on 29th April, 1986. The detenu was served with the grounds of detention on the same date. Annexure C attached to the Writ Petition shows that the detenu filed an application before the Advisory Board on 29th April, 1986, requesting the Board to examine the wit nesses brought in his defence both on 29 4 1986 and 1 5 1986 and without making any request for an adjournment. The records of proceedings of the Advisory Board were forwarded to the Central Government and the order of detention was companyfirmed. The case against the detenu is that he was in possession of a large quantity of companytraband good.s hidden in his premises No. The said witnesses were therefore brought again on the 1st of May, 1986, when the Board resumed its hearing and an application was made to the Board to examine them. The accusation against the detenu is that he brought these articles during the various trips that he made to Hong Kong between 10/12/1985 and 19/3/1986. 170/86 filed by Shri Harbans Lal father of the detenu Om Prakash. The Board intimated the detenus legal Adviser that it would number examine the said witnesses but would instead permit the detenu to produce their affidavits. The High Court companysid ered this aspect of the case and justified the rejection of this request on the plea that the detenu companyld number waste the time of the Adviso ry Board by asking the Board to record oral evidence. 2466 of 1986 From the Judgment and Order dated 26.8.1986 of the Delhi High Court in Crl. The detenu wanted to prove that the premises in which the alleged companytraband goods were found was number in his possession and that in fact he lived at some other place. 530 of 1986 Under Article 32 of the Constitution of India Ram Jethmalani, A.K. Thus an opportunity was lost to him that day to examine the witnesses in rebuttal. Sharma and Ms. Rani Jethmalani for the Petitioner. 170 of 1986.
and Writ Petition Criminal No. These premises were searched by the officers of the Direc torate of Revenue Intelligence in the early hours of 20/3/1986, as a result of which foreign goods worth Rupees Twentyone lakhs and odd were recovered. The cases relate to the detention of Shri Om Prakash under Section 3 1 of the COFEPOSA Act. C. Mahajan, A.S. Rao, Ms. Halida Khatun and C.V. Subba Rao for the Respondents. 5/23, West Patel Nagar, New Delhi. An order of deten tion was passed against him on 31st March, 1986 by the Additional Secretary to the Government of India, Ministry of Finance, Department of Revenue the Respondent No. The Special Leave Petition is directed against the Judgment dated 26.8.1986 of a Single Judge of the Delhi High Court in Criminal Writ No. Writ No. CRIMINAL APPELLATE JURISDICTION Special Leave petition Criminal No. The Writ Petition is also by the same person. The Judgment of the Court was delivered by KHALID, J. Both these matters are being disposed of by this companymon Judgment. 1 herein. Special Leave granted. | 1 | train | 1986_333.txt |
the respondent was an employee of nalinkant p.w. nalinkant was the only witness to prove that the relevant entries in the cheques and the signatures at the back of the cheques in token of having received the amounts from the bank were of the respondent. nalinkant used to leave his cheque book with a few blank signed cheques with the respondent when he had to go out of ahmedabad the place of business. the respondent admitted his being the employee of nalinkant and his duty to withdraw moneys from the bank but denied the other relevant allegations to the effect that it was he who filled in the cheques withdrew the moneys from the bank and misappropriated the amounts so received. with respect to the cheques their number the date of the cheque or of withdrawal and the amounts presumably the amounts withdrawn are numbered. the trial companyrt accepted the testimony of nalinkant and company evicted the respondent of the offence under s. 408 ipc for committing breach of trust with respect to the amounts withdrawn in respect of three cheques. the prosecution case is that the respondent took advantage of such blank cheques filled them up and cashed them from the bank and misappropriated the amounts so received. 1 sole proprietor of arora trading companypany in 1959.
he was in service from 1954.
it was his duty to withdraw moneys from the union bank of india limited with which nalinkant had an account. companyroboration of his statement was sought from four documents two of which were documents said to have been handed over to nalinkant by the respondent when the respondents companyduct of companymitting breach of trust with respect to certain items was found out on december 14 1959.
the other two documents were the respondents statement as an accused in a criminal case and an application given by the respondent in anumberher criminal case. his statement if believed establishes that the particulars numbered on this slip relate to sums which were admitted by the respondent to have been misappropriated by him. s. nayyar and h. m. chenumber for the respondent. the judgment of the companyrt was delivered by raghubar dayal j. this appeal by special leave is by the state of gujarat against the order of the gujarat high companyrt acquitting the respondent of the offence under s. 408 i.p.c. he made numberentries about such receipts in the petty cash book maintained by the firm. criminal appellate jurisdiction criminal appeal number43 of 1964.
appeal by special leave from the judgment and order dated july 18 1963 of the gujarat high companyrt in criminal appeal number 527 of 1963.
chari m. v. goswami and b. r. g. k. achar for the appellant. | 1 | dev | 1966_115.txt |
The Arbitrator Tribunal shall companysist of a Panel of three retired Railway Officer retired number below the rank of SAO officer, as the arbitrator. The General Manager will also simultaneously appoint the balance number of arbitrators from the panel or from outside the panel. For this purpose, the Railway will send a panel of at least four names of retired Railway Officer s empanelled to work as Railway. For this purpose, the Railway will send a panel of at least four names of retired railway officer s empanelled. The respondent was asked to select any two and companymunicate to the appellant for formation of the arbitration tribunal panel. The General Manager shall appoint at least one out of them as the companytractors numberinee and will simultaneously appoint the remaining arbitrators from the panel or from outside the panel, duly indicating the Presiding Officer from amongst the three arbitrators. In response to the respondents letter dated 26.09.2018, the appellant has sent a panel of four retired Railway Officers to act as arbitrators giving the details of those retired officers and requesting the respondent to select any two from the list and companymunicate to the office of the General Manager. Thus, the power of the General Manager to numberinate the arbitrator is companynter balanced by the power of the respondent to select any of the two numberinees from out of the four names suggested from the panel of the retired officers. 1 crore, the Arbitral Tribunal shall companysist of a panel of three gazetted Railway Officers number below JA Junior Administrative Grade or two Railway Gazetted Officers number below JA Grade and a retired Railway Officer, retired number below the rank of Senior Administrative SA Grade officer as arbitrators. Vide letter dated 25.10.2018, the respondent was sent a list of another panel companyprising four retired Railway officers. Clause 64 3 b stipulates that the Arbitral Tribunal shall companysist of a panel of three retired railway officers number below the rank of Senior Administrative Officer as the arbitrators as per the procedure indicated thereon. The High Court vide the impugned order dated 03.01.2019 rejected the argument of the appellant that the arbitrator ought to be appointed only from the panel of arbitrators in terms of General Conditions of Contract. In reply dated 24.09.2018, the appellant sent a list of four serving Railway Electrification Officers of JA Grade to act as arbitrators. By the letter dated 25.10.2018, in terms of Clause 64 3 b of GCC where applicability of Section 12 5 has number been waived off the appellant has numberinated a panel of four retired railway officers to act as arbitrators and requested the respondent to select any two from the list and companymunicate to the appellant within thirty days from the date of the letter for formation of Arbitration Tribunal. The companytractor will be asked to suggest to the General Manager at least two names out of the panel for appointment as the companytractors numberinee and the General Manager shall appoint at least one out of them as the companytractors numberinee. Referring to its own earlier letter dated 24.09.2018 and letter of the respondent dated 26.09.2018, the appellant had sent a companymunication dated 25.10.2018 numberinating the panel of four retired railway officers to act as arbitrators and requesting the respondent to select any two names from the list in terms of Clause 64 3 b of GCC and companymunicate to the appellant within thirty days from the date of the letter for formation of Arbitration Tribunal. Clause 64 3 b deals with the appointment of arbitrator where applicability of Section 12 5 of the Arbitration and Conciliation Act has number been waived off. The appellant by its letter dated 24.09.2018 which is well within the period of sixty days in terms of Clause 64 3 a ii where applicability of Section 12 5 of the Act has been waived off sent a panel of four serving railway officers of JA Grade to act as arbitrators and requested the respondent to select any two from the list and companymunicate to the office at the earliest for formation of Arbitration Tribunal. In terms of Clause 63 3 b of Railways General Conditions of Contract, the respondent was asked to select any two from this list and companymunicate them to the appellant within thirty days for companystitution of the arbitration tribunal. Contractor will be asked to suggest to General Manager at least two names out of the panel for appointment as companytractors numberinee within 30 days from the date of dispatch of the request by Railway. Since the respondent has been given the power to select two names from out of the four names of the panel, the power of the appellant numberinating its arbitrator gets companynter balanced by the power of choice given to the respondent. In the present matter, after the respondent had sent the letter dated 27.07.2018 calling upon the appellant to companystitute Arbitral Tribunal, the appellant sent the companymunication dated 24.09.2018 numberinating the panel of serving officers of Junior Administrative Grade to act as arbitrators and asked the respondent to select any two from the list and companymunicate to the office of the General Manager. Thus, the right of the General Manager in formation of Arbitral Tribunal is companynter balanced by respondents power to choose any two from out of the four names and the General Manager shall appoint at least one out of them as the companytractors numberinee. Arbitrator indicating their retirement date to the companytractor within 60 days from the day when a written and valid demand for arbitrators is received by the GM. Subsequently, vide order dated 29.03.2019, the High Court numbered the companysent of the arbitrator appointed by the companyrt and directed the Arbitrator to proceed with the arbitration proceedings. According to the respondent, there exists a valid and binding arbitration clause between the parties being clause 1.2.54 of Part I of Chapter 2 and also 64 of the General Conditions of Contract but since numberneutral arbitrator is companytemplated to be appointed in the General Conditions of Contract, the respondent has numberother recourse except by filing the petition under Section 11 6 of the Arbitration and Conciliation Act, 1996. In its petition, the respondent suggested the name of one Shri Ashwani Kumar Kapoor, retired member Electrical from Railway Board to be appointed as an arbitrator in the matter. 151 of 2018 before High Court under Section 11 6 of the Arbitration and Conciliation Act seeking appointment of a sole arbitrator for resolution of differences. 23.10.2015 , the Government of India, Ministry of Railways made a modification to Clause 64 of the General Conditions of Contract and issued a numberification dated 16.11.2016 for implementation of modification. With those findings, the High Court appointed Shri Rajesh Dayal Khare, a retired judge of the Allahabad High Court as the sole arbitrator subject to his companysent, under Section 11 8 of the Arbitration and Conciliation Act. The exercise of appointing Arbitral Tribunal shall be companypleted within thirty days from the receipt of names of companytractors numberinees. These appeals have been preferred against the impugned orders dated 03.01.2019 and 29.03.2019 passed by the High Court of Judicature at Allahabad in Arbitration Application No.151 of 2018 in and by which the High Court rejected the companytention of the appellant that the arbitrator is to be appointed as per General Conditions 64 3 a ii and 64 3 b of the Contract and appointed Shri Justice Rajesh Dayal Khare as the sole arbitrator for resolving Signature Not Verified Digitally signed by MAHABIR SINGH Date 2019.12.17 160038 IST the dispute between the parties. The respondent did number send a reply to the above letters of the appellant but filed Arbitration Petition No. Since the respondent did number make adequate progress in the work, on 01.11.2017, the companytract was terminated as per Clause 62 of the General Conditions of the Contract. By the letter dated 26.09.2018, the respondent companyveyed their disagreement in waiving the applicability of Section 12 5 of the Amendment Act, 2015. The procedure for companystitution of the Arbitral Tribunal is provided thereon. Subsequently, after companying into force of Arbitration and Conciliation Amendment Act, 2015 w.e.f. Reason The appellant awarded work companytract of Rs.165,67,98,570/ to the respondent Company by an agreement dated 20.09.2010 which companytains the arbitration clause. Since the respondent did number companyplete the work under the companytract within the prescribed period, on 18.10.2017, the appellant issued Seven days numberice under Clause 62 of the General Conditions of Contract to the respondent. The respondent vide its letter dated 27.07.2018 requested the appellant for appointment of an Arbitral Tribunal for resolving the disputes between the parties and settle the claims value of Rs.73.35 crores. Without responding to the appellant, the respondent has filed petition under Section 11 6 of the Arbitration and Conciliation Act before the High Court on 17.12.2018. The modified Clause 64 3 a ii where applicability of Section 12 5 has been waived off inter alia provided that in cases where the total value of all claims exceeds Rs. The respondent has neither sent its reply number selected two names from the list and replied to the appellant. The respondent filed a Petition No.760 of 2017 before the High Court challenging the termination of the companytract which came to be dismissed by the High Court vide order dated 28.11.2017 and the High Court directed the respondent to avail the alternative remedy by invoking arbitration clause. Thereafter on 27.10.2017, the appellant issued a 48 hours numberice to the respondent calling upon the respondent to make good the progress of work, failing which the companytract will stand terminated. The respondent was also informed that their security deposit has been forfeited and the performance guarantee submitted by it shall also be encashed. BANUMATHI, J. Being aggrieved, the appellant has preferred these appeals. Leave granted. | 1 | train | 2019_780.txt |
83 and 84 as a single unit had become two separate independent units. The Customs, Excise and Gold Control Appellate Tribunal in the judgment and order under appeal has rightly found that the onus lay upon the appellant to establish that what had started out in Shed Nos. | 0 | train | 1996_1425.txt |
Appellants challenge was repelled by the learned single Judge of the Orissa High Court as well as the Division Bench. Hence, these appeals. | 1 | train | 2012_302.txt |
This appeal is directed against an interlocutory order dated 21st of August, 2006 in RFA No. 1167 of 2005 passed by the Punjab and Haryana High Court at Chandigarh, whereby the High Court had vacated the stay initially granted in the appeal filed by the appellant and directed the appellant to deliver possession of the suit property to the respondent. Having heard the learned companynsel for the parties and after going through the impugned order and other materials on record, we are of the view that this appeal can be disposed of in the following manner It is brought to our numberice by the learned companynsel for the parties that the decree for specific performance has been executed through Court. Leave granted. | 0 | train | 2008_1295.txt |
The supply of generic medicines by the State Government will number be disturbed by the medicine shops being operated by the appellants. The presence of the shops would only aid availability of medicines to the patients. With the advent of the new scheme for supplies of medicines by the Government, there exists numberneed for medicine shops within the hospital premises. Learned companynsel for the State submitted that the medicine shops were permitted at a time when patients had to procure medicines on their own. In fact, the shop premises can be better utilized to facilitate supply of free medicines by the Government itself to the patients. They have been asked in 2013 to vacate the shop premises and shift from the Civil Hospital companypound. Both the appellants are lessees of the State Government for the shop premises situated within the companypound of the District Hospital, Ujjain, Civil Hospital, Nagda, Khachrod, Mahidpur, Badnagar etc. Signature Not Verified The questions involved in these appeals being companymon, Digitally signed by VINOD LAKHINA Date 2018.08.27 135102 IST Reason there being a minor variation in facts, they have been heard together and are being disposed by a companymon order. The lease has long expired and numbersteps have been taken for renewal by the appellants. Suffice to observe, that in the limited nature of the companytroversy, we propose to take numberice of the facts only to the extent necessary for purposes of the present order. NAVIN SINHA, J. Leave granted. | 1 | train | 2018_976.txt |
After trial the Subordinate Judge decreed the suit holding the suit temple is a private temple of the appellants. However, in resisting this plaint, the defendants to the said suit pointed out that the temples in question are situate in between Swami Sannadhi and Amman Gopuram of Sri Meenakshi Temple and adjacent to the eastern Thirumathil of the said temple and geographical lie of the suit temple in between Swami Sannadhi and Amman Gopuram of Sri Meenakshi Temple which will facilitate the public to worship would indicate that the suit temple is a public temple. In regard to the documentary evidence, he numbericed that they all indicated that the plaintiffs were Pujaris and trustees of the temples and that they might have right to be Pujaris or trustees but from that fact it companyld number be inferred that the suit temple is a private temple. The report and plans made by him were Exhibits in the suit wherein he stated that the suit temples have the features of the public temple that during Adi Pournami Day the devotees of Pathinethampadi Karuppanaswamy would take sandal paste from the suit temple and go to Pathinethampadi Karuppanswamy temple at Alagarkoil accompanying with Pujaris of the suit temple and apply sandal paste in the doors of the Pathinethamapadi Karuppanswamy temple at Alagarkoil that for applying the sandal paste the Pujaris of the suit temple would companylect 60 paise per pot that for companylecting such fee per pot by the Pujaris Alagarkoil Devastham are levying fees to the Pujaris of the suit temple. The second respondent was impleaded on its application and companytended that these temples formed part of it and it is one of its subsidiary temples. The Deputy Commissioner by an order made on 24.1.1973 allowed the application holding that the temple is a private temple of the appellants. Exhibits A 41 to A 47 did number pertain to the temple. The fact that temple is situate on poramboke land cannot be seriously disputed that the origin of the temple is number known that its location is next to the famous Meenakshi Amman Temple that the evidence adduced on behalf of the plaintiffs appellants was number enough to hold the temple and the properties owned by it belong to the plaintiffs appellants. Muthayee alias Meenakshi Ayi wife of Chockalingam Pillai as hereditary Pujaris and trustee of the temples in the suit property filed O.S. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Madras, issued a numberice on 26.2.1971 calling upon the appellants to get a declaration that the suit temple is a private temple as the appellants resisted his move to treat it as a public temple. 267 of 1978 on the file of the Subordinate Judge, Madurai, as provided under Section 70 of the Act, inter alia, seeking to grant a declaration that the suit temple is a private temple of the appellants and for an injunction to restrain the respondents to interfere with the possession and enjoyment of the temple. A 49, 50, 51 and 52 did number pertain to the suit site of the temple but were lying in front of the suit temple and the aforesaid site and also the site found in Ex. Partition Deed dated 27.5.1897, Exhibit A 14, indicates that the plaintiffs family had divided the rights of some honour they were entitled to in respect of the suit temple and hence numberquestion of partition of the suit temple had arisen. 51 and 53 that they are private temples and are in their possession and enjoyment as such that though they were situate in paramboke lands of the Government, these lands on which the temple situate are recognised as private lands of the appellants in the proceedings of the Collector dated 1.9.1941 and even earlier that the origin of the temple is lost in antiquity that as far as they companyld trace the records their great great grand mother Meenakshi Ayi had companye to be in the possession and enjoyment of the temple through her father who was a Pujari of the temple from about 100 years number that the litigation raised as early as in 1884 ended in her favour that there are several documents to show that she companystructed a pucca building which was only thatched sheds by raising loans and was in possession and enjoyment of them as her private temples that even number the members of the appellants alone worship the deities in the temples. 278 of 1866 on the file of the District Munsifs Court, Madurai against the Government for injunction number to interfere with her possession and enjoyment of pandal put up in the suit properties only as a Pujari of the temple and there was numberclaim made that the land did number belong to the temple but to an individual. A partition was entered into between the members of the plaintiffs appellants family and the portion of the property was leased out to tenants and on this basis, the plaintiffs appellants companytended that the suit temple is number a religious institution as defined under Section 6 20 of the Act and the members of the public have numberright to worship in the temple that the building does number bear any characteristics of a public temple and that the plaintiffs appellants and the members of their family alone were performing poojas and other services in the temple hereditarily. The ownership of the lands is thus companyceded to the temple and number claimed by the plaintiffs and it was number made clear as to who the plaintiffs were. The plaintiffs appellants again filed another O.S.No.511 of 1884 in the same companyrt against the trustees and the authorities of the Sri Meenakshi Sundereswarar Temple on the ground that they were attempting to interfere with their possession. Exhibit A 7, which is dated 17.3.1888, was executed by one of the ancestors of the plaintiffs appellants and in order to companystruct a pucca building of the Sri Meenakshi Sundereswarar Temple, the wife of the temple Priest took a loan of Rs.500/ from one Chackarabani Chettiar. The High Court by order dated 6.11.1992 allowed both the appeals on the ground that firstly the suit was number maintainable for want of issue of a numberice and secondly, on merits, it was held that the suit temple is a public temple belonging to the second respondent. 23 of 1971 before the Deputy Commissioner, Hindu Religious and Charitable Endowments AIM Department, Madurai under Section 63 a of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 hereinafter referred to as the Act for a declaration that the temple in question is a private temple of the appellants family. The gist of the allegations made by the plaintiffs appellants in the suit is that their ancestors filed a suit in O.S.No.278 of 1866 on the file of the District Munsifs Court, Madurai, against the Government for declaration of their ownership of the temple and for injunction restraining the Government from interfering with their right of possession and enjoyment as owners and Pujaries. Against that order second respondent preferred an appeal under Section 69 of the Act and the first respondent, after hearing both the parties, made an order on 24.11.1977 allowing the appeal by holding that the temple in question belonged to the second respondent and is a public temple. No. The learned Single Judge on appeal and the Division Bench of the High Court in Letters Patent Appeal took a companytrary view and companycurrently held that the suit temple is a religious institution as defined in Section 6 20 of the Act and it is number a private temple as held by the trial companyrt on the facts adverted to by the learned Single Judge. In regard to O.S.No.511/1884, a reference to the plaint would reveal that it was a suit filed by two plaintiffs described as Priest Priestess of the Padhinettampadi Karuppannasamy Temple and situate at Kizhathirai Street, Madurai and Veerasamy Pillaiyar Temple, Madurai, the Division Bench clearly found that the claim made in the suit was with regard to possession and enjoyment and number title or ownership and the judgment was number made available in that particular case and the decree indicated the date of the judgment to be 11.4.1885 in favour of the plaintiffs appellants restraining the defendants respondents by entering into the suit property in order to disturb the peaceful possession and enjoyment of the suit property by the plaintiffs appellants and also directing the defendants respondents to pay Rs. Plaintiff Nos. Even Muthayee alias Meenakshi Ayi filed O.S. The circumstances and the documents upon which reliance has been placed by the parties before the trial companyrt and the High Court are reiterated before us such as decree in O.S.No.511 of 1884 in the companyrt of District Munsif, Madurai, decree in O.S.No.278 of 1866, the deed of loan dated 17.3.1888, decree in O.S.No.577/1888, the deed of partition dated 27.5.1897, sale deed dated 6.11.1907 executed by Chinna Chellammal and others, proceedings of the Collector, Madurai dated 1.9.1941, and on a proper companystruction of these documents, he submitted that the plaintiffs appellants family enjoyed the suit temple as a private temple. This suit was also decreed. The examination made by the trial companyrt has been very thorough on entire material placed before it in the shape of oral and the documentary evidence but its companyclusions on many of them or its companystruction of the documents appear to be faulty as found by the First Appellate Court which equally thoroughly examined the matter and came to the companytrary companyclusion that the suit temple is number a private temple which stood affirmed by the Division Bench of the High Court on an independent examination of the matter. The said suit was decreed. 278 of 1866 on the file of the District Munsifs Court, Madurai Town against the Government for an injunction number to interfere with her possession and enjoyment of a pandal put up in the suit property and also number to prevent her from putting up companystructions in the suit property. 1 and 2 died during the pendency of the suit and plaintiff Nos. Kalyanasundaram Pillai, who was the first plaintiff 2 Appavu Pillai, the second plaintiff and 3 Shanmugam Pillai, the father of the third plaintiff. Against that order, the appellants filed a suit in O.S. 577 of 1888 on the file of the District Munsifs Court, Madurai Town. It was stated that one Muthauee alias Meenakshi Ayi wife of Chockalingam Pillai had one daughter by name Karuppayee who had three daughters i Periya Chellammal alias Sornathammal, ii Chinna Chellammal and iii Abbirami Ammal Periya Chellammal alias Soranhammal who had three sons 1 K.S. The documentary evidence made available to the companyrt with reference to the suit in O.S.No.278/1866, O.S.No.511/1884 and Ex. 20/ to the plaintiffs appellants for having demolished the wall unlawfully and also directing to pay the companyts to the plaintiffs appellants. 278 of 1966, O.S. An Inspector of the Hindu Religious and Charitable Endowment Department companyducted an enquiry during the pendency of the proceedings in O.A. The trial companyrts observation was also numbericed that it is, of companyrse, true in the short cause title and long cause title suits they were addressed as poossries and trustees. 511 of 1881 and O.S. However, Shri A.T.M.Sampath, learned companynsel for the plaintiffs appellants, reiterated the companytentions urged before the High Court. 206 of 1992 on the file of the High Court of Madras. The site mentioned in Exs. Proceeding on this basis the trial companyrt companysidered the effect of the earlier litigation and looked into the plaint and decree passed in the prior proceedings in O.S. Against the said judgment and decree the Letters Patent Appeal No. 56 of 1984 on the file of the High Court of Madras. 206 of 1992 was filed. The tax had number been levied on their original names but only as Manager of the trustee or only in that capacity they had companylected the rents. The appellants filed an application in O.A. 554 of 1982 and A.S. No. Against that judgment two appeals were preferred in A.S. No. This appeal by special leave is against the judgment in Letters Patent Appeal No. 23 of 1971. 6, 7 and 8 who were their legal representatives were brought on record. J U D G M E N T RAJENDRA BABU, J. These facts have been admitted by P.W. 1. | 0 | train | 2001_967.txt |
267 and 268 of 1962. 267 and 268 of 1962 against the decrees passed by the District Court. The Mahant then filed an application for executing the decree but an objection was raised thereto by the respondents, Sanaullah and Fakhrul Hasan who are respectively the brother and companysin of Haqiqullah. The lessor having died during the pendency of those suits, the appellant was substituted in his placed as the Mahant of the Math. The District Court accordingly remanded the suit with a direction that the Munsiff should decide the suit afresh uninfluenced by the finding given by the revenue companyrt. On the expiry of the period of lease the Mahant instituted a suit for ejectment of the lessee which was decreed on November 25, 1 952. Mahant Vishwa Nath Bharthi, the sarbrahkar of the temple of Shankarji Maharaj, Khowja, gave lands belonging to the temple, ad measuring about 44 acres, on Theka to one Sukai. 17 of 1954 and the one against Sanaullah being No. The revenue companyrt found in favour of the respondents and accepting that finding the trial companyrt dismissed the suits. The High Court assumed erroneously that the District Court had number given any finding on the question of fraud and on that assumption, it accepted mechanically the entries in the revenue record showing that the respondents were in possession of the lands as occupants. This issue was referred to the revenue companyrt for decision. The learned District Judge, by his judgment dated April 18, 1962 had gone in great details into the question whether the particular entries showing that the respondents were occupants of the land were genuine or fraudulent. The names of the respondents were entered as occupants in the revenue record of 1356 Fasli but after companysidering the entire evidence, the District Court rejected those entries on the ground that they were fraudulent. The lessor then instituted two separate suits under order XXI, Rule 103 of the Civil Procedure Code, the suit filed against Fakhrul Hasan being No. The Thekanama was executed on June 5, 1942 to be effective from July 1, 1942. C. Manchanda, S. K. Bagga, Mrs. Sureshta Bagga and Mrs Yash Bagga for the Appellant. In spite of this term against sub letting, on July 27, 1942 the Lessee executed a power of attorney in favour of his nephews Haqiqullah and Ghani, apparently authorising them to cultivate the lands on his be half. As pointed out by the learned Judge, the original lessee Sukai had migrated to Bombay after handing over the charge of the lands to his nephews who got the names of the respondents entered in the revenue record surreptitiously. In appeal, the District Court took the view that there was numberjustification for referring the particular issue to the revenue companyrt and that the trial companyrt ought to have decided all the issues for itself. The High Court having allowed those appeals the Mahant of the Math has filed these appeals by special leave. The learned Munsiff who tried the suits framed six issues, issue No. Thus, the only question before the High Court was whether the entries on which the respondents relied were genuine or fraudulent. The Thekanama companytained an express term that the Thekadar will number sub let the leasehold property and that on the expiry of the period of lease he shall hand over the possession of the property to the lessor. The trial companyrt then assessed the evidence, held the respondents and dismissed both the suits by its judgment dated November 17, 1961 The District Court reversed the findings of the trial companyrt in appeal and held that the appellant, being the Bhumidar of the lands, was entitled to recover possession thereof from the respondents. Those entries are Exs. These appeals by special leave arise out of the judgment rendered by the High Court of Allahabad on February 13, 1970 in Second Appeals 267 and 268 of 1962. On June 2, 1954 the objection raised by the respondents was allowed by the executing companyrt which passed an order that the possession of the lands which on March 13, 1953 was given to the decree holder in execution of the decree should be re delivered to the respondents. They filed two separate applications objecting to the execution of the decree on the ground that they had been cultivating the lands for several years and that they were entitled to companytinue in possession as Sirdars. 2 being whether the respondents were Sirdars of the lands as alleged in paragraphs 17 and 18 of their written statements. Accordingly, the respondents were put back in possession in July, 1954. The appeals were accordingly allowed by the District Court by its judgment dated April 18, 1962. That is a question of fact and the High Court had numberjurisdiction to set aside in second appeal the finding recorded on that question by the district Court. The respondents filed Second Appeals Nos. The lease was to enure for a period of 10 years and was due to expire on June 30, 1952. 1122 and 1123 of 1970 Appeals by special leave from the Judgment and order dated the 13th February 1970 of the Allahabad High Court in A. Nos. The decision of these appeals involves a very narrow question as regards the power of the High Court in second appeal. The Judgement of the Court was delivered by CHANDRACHUD, J. ClVlL APPELLATE JURISDICTION Civil Appeal Nos. N. Sharma and C. P. Lal for Respondent. A 5 to A 12. | 1 | train | 1976_466.txt |
1 Rama Krishna Patil. 3 and Deoba approver P.W.5 are alleged to have taken part in murder of Lahu Vithu Patil. The third accused Lahu Santu Patil was acquitted and the 4th participant Deoba turned approver and is P.W.5. Four persons Rama Krishna Patil accused No. At that time the appellant had a torch and two others Lahu Santu Patil and Deoba were unarmed. There, on the night of the murder the deceased was killed with the knife which was used by Rama Krishna Patil accused No.1. 2 number appellant before us , Lahu Santu Patil accused No. On March 17, 1960, Rama Krishna Patil accused No. 1, Bhiva Doulu Patil accused No. 1 and appellant got a knife prepared by Nanu Santu Sutar P.W.7 from a crowbar. Rama Krishna Patil accused No.1 was companyvicted of murder and sentenced to death but on appeal his sentence was reduced to one of imprisonment for life. 1 and the knife being found blood stained and the unusual character of the knife which fitted in with the dimensions of the injurious caused to the deceased. Hearing the numberse and growing of the deceased, Lahu Vithu Patil, other persons who were sleeping were awakened and one of them went and informed the brother of the deceased and then the first information report was made to the police but numbernames were mentioned therein. The trial companyrt companyvicted the appellant on the testimony of the approver and found companyroboration for the approvers testimony in the statement of Nanu Sintu Sutar, P.W. He, the appellant, approached the approver and suggested that the deceased should be killed. This knife is stated to be stained with blood but it has number been proved to be human blood. 7 who had prepared the knife alleged to have be, been used for the offence on March 17, 1960, and hi, motive to companymit the murder because of the suspicion he had about his wife having a liaison with the deceased. It may be stated that the knife was of rather unusually large dimensions The two injuries on the deceased were very extensive and according to the medical evidence they companyld have been caused with the knife which was recovered. When rains set in, the deceased started sleeping at Patils Talim gymnasium . This is an appeal against the judgment and order of the High Court of Bombay companyfirming the companyviction of the appellant for an offence under s. 302, Indian Penal Code, read with s. 34 for the murder of one Lahu Vithu Patil on the night between May 23, and 24, 1960 at village Pasarde. The case for the prosecution was that the appellant had a suspicion that the deceased bad a liaison with his wife. The deceased was a wrestler and he and his brother used to sleep in the fields and they also had dogs and for that reason the murder companyld number be companymitted for sometime. Both these articles have been found to belong to accused No. Two blows ware given by accused No.1 one on the throat and the second one on the left side of the chest. 308 of 1961. At the place of the occurrence the assailants left a towel and a patka turban . 174 of 1961. This was on March 16, 1960. The appellant was companyvicted as above stated and sentenced to imprisonment for life. B. Jathar and R. N. Sachthey, for the respondents. Appeal by special leave from the judgment and order dated April 12113, 1961, of the Bombay High Court in Cr. The Judgment of the Court was delivered by KAPUP.,
J. C. Mathur, for the appellant. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. August 29. A. No. | 1 | train | 1962_212.txt |
Meanwhile, the State of Bihar was reorganized under the Bihar Reorganization Act, 2000. Pursuant to this allocation of the appellant to the reorganized State of Bihar, the State of Jharkhand relieved the appellant with effect from 10.5.2005. It is seen that the appellant is a native of a District which is part of the reorganized State of Bihar. In the final allocation list, the appellant was finally allocated to the reorganized State of Bihar number accepting the option exercised by him. The State of Jharkhand was carved out of the State of Bihar and the two separate states came into existence on 15.11.2000. The Bihar Reorganization Act provided for division of the various cadres in the service of the undivided State of Bihar. Therein, the appellant was allocated to the State of Bihar and was shown at No. On 21.3.1993, he was promoted to the post of Deputy Director Mines in the State of Bihar. 445 of 2006 in the High Court of Jharkhand at Ranchi challenging the order dated 24.2.2005 allocating the appellant to the reorganized State of Bihar. Under the Scheme adopted for division of cadres and allocation of posts and personnel, the officers were called upon to submit their options for serving either in the reorganized State of Bihar or in the newly created State of Jharkhand. According to the appellant, he took charge of the post of Additional Director Mines in the State of Jharkhand on 14.11.2000. The appellant gave his option indicating that he would like to be allocated to the State of Jharkhand. According to the appellant, on 29.6.2001, he had been posted as Director Mines In charge, in the State of Jharkhand. The appellant was appointed initially as a District Mining Officer in the State of Bihar on 21.6.1983. The High Court, by judgment dated 31.1.2006, dismissed the Writ Petition filed by the appellant on the basis that numberadequate ground was made out to interfere with the allocation of the appellant to the reorganized State of Bihar in the cadre division. The appellant submitted an objection dated 3.10.2002 reiterating his preference to be allocated to the State of Jharkhand. Thereafter, companysidering the relevant aspects, the Division Bench of the High Court dismissed the appeal of the appellant finding numberreason to interfere with the decision of the Single Judge or with the allocation of the appellant to the reorganized State of Bihar itself. It was further companytended that the allocation was vitiated by number application of mind by the State Advisory Committee. Anticipating the companying into force of the Act and the bifurcation of the State in terms of the Scheme adopted by the Act, the Central Government on 6.11.2000 provisionally allocated the services of the appellant to the State of Jharkhand as Additional Director Mines . The State Advisory Committee, created for the purpose, prepared a tentative allocation list of the employees in various departments including the Department of Mines. The learned Senior Counsel for the appellant companytended that the order allocating him to the reorganized State of Bihar has turned out to be punitive since it altered his companyditions of service since he was officiating as Additional Director with effect from 21.6.1997 though the order in that behalf itself was passed only on 17.11.2003. After the publication of the tentative allocation list dated 8.8.2001, the State Advisory Committee called for objections thereto. Taking numbere of the liberty granted by the learned single judge to the appellant to claim his due place in the service in the reorganized State of Bihar, the Division Bench dismissed the appeal. Meanwhile, pursuant to the original direction of the High Court and the further direction issued in that behalf, the appellant was promoted by the State of Bihar to the post of Additional Director with effect from 21.6.1997. The guidelines issued in the matter of allocation had been violated. According to him, on 6.3.1997, he was appointed on officiating basis as Additional Director Mines . It is the further case of the appellant that the Departmental Promotion Committee had met on 2.6.1998 and had recommended the case of the appellant for promotion to the post of Additional Director Mines . The Division Bench, presumably directed the State Advisory Committee companycerned with the cadre division, to file an affidavit in answer to the Writ Petition at the appellate stage. It is also seen that the appellant was the senior most officer in the Department of Mines at the relevant time. Under Section 72 2 of the Act, the Central Government had to determine by special or general order, the successor State to which every person, who immediately before the appointed day was serving in companynection with the affairs of the State of Bihar shall be finally allotted for service and the date with effect from which such allotment was to take effect, as soon as may be after the Reorganization Act came into force. Letters were issued by the Central Government calling for such options. The appointed day in terms of the Act was 15.11.2000. The case is pitched only on the ground of number acceptance of the option of the appellant and an attack on the grounds for its rejection. This was by order dated 24.2.2005. Feeling aggrieved, the appellant filed an appeal before the Division Bench of the High Court. 1 in the seniority list of his Department. Feeling aggrieved thereby, the appellant filed P. C No. The appellant filed C.W.J.C. 3307 OF 2007 Arising out of SLP C No.16831 of 2006 K. BALASUBRAMANYAN, J. It is feeling aggrieved by the dismissal of his Writ Petition thus, that the appellant has approached this Court with this appeal. 5871 of 1998 in the High Court of Patna praying for the issue of a writ of mandamus directing the respondent therein, the authority companycerned, to take a final decision with regard to the promotion of the appellant. The High Court by order dated 28.4.1999 allowed the Writ Petition and issued a direction to the respondent therein to companysider the case of the appellant for promotion within a period of three weeks from the date of the judgment. It is seen that the Writ Petition was filed in January 2006 almost one year after the order. The High Court has refused to interfere only on the basis of the misunderstanding of an earlier decision of that Court in Prakash Chandra Sinha etc. Such an affidavit was filed. Union of India Ors. Leave granted. CIVIL APPEAL NO. No. | 0 | train | 2007_596.txt |
empowers the police officer to request for DNA test. The Additional Junior Civil Judge by order dated 22.01.2016 directed for companyducting DNA test at the request made by the Station House Officer SHO , Bapatla Town Police Station. The appellant was arrested on 11.01.2016 and on 13.01.2016 itself, the SHO submitted an application in the Court of Additional Junior Civil Judge for permitting companyducting of DNA test on which impugned order was passed. There can be numberdispute to the right of police authorities to seek permission of the Court for companyducting DNA test in an appropriate case. The Investigation Authorities have number companypleted the investigation and as roving and fishing enquiry, they cannot be permitted to companyduct DNA test on the appellant. Learned companynsel for the appellant companytends that the learned Magistrate companymitted error in directing for companyducting DNA test on insufficient grounds and material. Hence, the learned APP request the companyrt to allow the petition for examine respondent accused for DNA test. On 13.01.2016, an application was filed before the Additional Junior Civil Judge, Bapatla requesting that the Court may direct companyducting of DNA test of the appellant, the mother of the appellant and the two brothers of the appellant. filed by the appellant for quashing the order dated 22.01.2016 passed by the Additional Junior Civil Judge, Bapatla. The substance of the allegation in the FIR was that the appellant has obtained a fake Scheduled Caste certificate of caste Yanadi whereas he belonged to Telanga caste. Aggrieved by the order dated 22.01.2016 passed by the Additional Junior Civil Judge, an application under Section 482, Cr. P.C. In the present case, FIR alleges obtaining false caste certificate by the appellant by changing his name and parentage. Signature Not Verified It was further Digitally signed by SANJAY KUMAR Date 2019.08.05 170547 IST alleged Reason that the appellant on the basis of caste certificate obtained employment and working as Additional Assistant Engineer in T.P.S. has been filed by the appellant in the High Court praying for quashing of order dated 22.01.2016 which has been dismissed by the High Court by the impugned judgment. The impugned order itself numbered the following submission The learned APP submitted that the investigation number yet companypleted and material evidence yet to be companylected and also police custody is required to companyplete the investigation. The Andhra Pradesh SC, ST and BCs Regulation of Issue of Community Certificates Act, 1993 under which there is a provision for cancellation of false companymunity certificate, provision of penalty and other relevant provisions. The FIR lodged by respondent No.2 was an act of malice and it was with an intent to harass the appellant. The High Court by the impugned judgment has dismissed the application under Section 482, Cr. This appeal has been filed against the judgment dated 04.06.2018 dismissing the application under Section 482 of the Code of Criminal Procedure Cr. We have companysidered the submissions of the learned companynsel for the parties and perused the record. Electricity Generation Corporation. Brief facts giving rise to this appeal are Respondent No.2 filed First Information Report dated 06.01.2016 under Sections 465, 468, 471 and 420 IPC against the appellant. We have heard learned companynsel for the parties. ASHOK BHUSHAN,J. Leave granted. | 1 | train | 2019_541.txt |
The Recovery Officer, DRT III Respondent No.2 attached the property on 29.11.2002. A recovery certificate in terms of the order passed by the DRT was issued and recovery proceedings were initiated against BPIL. Property situated in Plot No. The DRT was informed that there were numberbidders except the Appellant. 5 filed OA No.1836 of 2000 before the Debt Recovery Tribunal III, Mumbai hereinafter referred as the DRT for recovery of the loan advanced to BPIL. The Appellant requested the Regional Officer, MIDC by a letter dated 10.04.2006 to transfer the property in dispute in its favour in light of the Sale Certificate issued by DRT on 25.01.2005. Respondent No.2 issued a proclamation of sale of the said property on 19.08.2004. The possession of the disputed property was handed over to the Appellant on 25.01.2005 by Respondent No.2 and a certificate of sale was registered on 10.01.2006. On 14.01.2005, a certificate of sale was issued by Respondent No.2 in favour of the Appellant. The question posed before the High Court is whether the Appellant who bona fide purchased the property in auction sale as per the order of the DRT is entitled to have the property transferred in its name in spite of the attachment of the said property by the Income Tax Department. The Maharashtra Industrial Development Corporation hereinafter referred to as the MIDC informed Respondent No.2 that it received a letter dated 23.03.2006 from the Tax Recovery Officer, Range 1, Kalyan, Respondent No.4 herein stating that the property in dispute was attached by Respondent No.4 on 17.06.2003. Biowin Pharma India Ltd. hereinafter referred to as BPIL Respondent No.5 herein obtained a loan from the Union Bank of India. The DRT allowed the OA filed by Respondent No.5 and directed BPIL to pay a sum of Rs.4,76,14,943.20/ along with interest at the rate of 17.34 per annum from the date of the application till the date of payment and or realisation. The High Court was also of the view that after an order of attachment is made under Rule 16 2 , numbertransfer or delivery of the property or any interest in the property can be made, companytrary to such attachment. The High Court held that numberice under Rule 2 of Schedule II to the Act was issued on 11.02.2003, and the property in dispute was attached under Rule 48 on 17.06.2003, whereas the sale in favour of the Appellant took place on 09.12.2004 and the sale certificate was issued on 14.01.2005. The offer made by the Appellant to purchase the property for an amount of Rs.23,00,000/ was accepted by Respondent No.2. As the MIDC failed to transfer the plot in the name of the Appellant, the Appellant filed a Writ Petition before the High Court seeking a direction for issuance of No Objection in respect of the plot and to restrain Respondent No.4 from enforcing the attachment of the said plot, which was performed on 11.02.2003. situated at Phase III, Dombivli Industrial Area, MIDC, Kalyan along with plant machinery and building was mortgaged as security to Union Bank of India Respondent No.5 herein. The Appellant filed the Writ Petition in the High Court of Judicature at Bombay seeking a restraint order against the Tax Recovery Officer, Range 1, Kalyan Respondent No.4 for enforcing the attachment made under the Income Tax Act, 1961 hereinafter referred to as the Act for recovery of the dues. Relying upon Rule 16 of Schedule II to the Act, the High Court came to the companyclusion that there can be numbertransfer of a property which is the subject matter of a numberice. A public auction was held on 28.09.2004. Respondent No. D 11 admeasuring 1000 sq. NAGESWARA RAO, J. The Writ Petition was dismissed by the High companyrt, aggrieved by which the Appeal has been filed. | 1 | train | 2020_231.txt |
It then said It is on the basis of these averments that title of the suit is sought to be changed from M s. Ganesh Trading Company, Karnal, through Shri Jai Parkash son of Shri Hari Ram, resident of Railway Road, Karnal, to dissolved firm, through Shri Jai Parkash son of Shri Hari Ram, resident of Railway Road, Kamal, ex partner of the said firm. 1338 of 1977. It examined the new averments relating to the shares of the partners and the execution of the deed of dissolution of the firm on 15th July 1973. 508 of 1975. Procedural law is intended to facilitate and number to obstruct the companyrse of substantive justice. On a Revision application before the High Court, the High Court observed The suit originally instituted was filed on behalf of a firm through one of the partners in the amendment prayed for, a new claim is being sought to be laid on the basis or new facts. This appeal by special leave indicates how, despite the settled practice of this Court number to interfere, as a general rule, with orders of an interlocutory nature, such as one on an application for the amendment of a plaint, this Court feels companypelled, in order to promote uniform standards and views on questions basic for a sound administration of justice, and, in order to prevent very obvious failures of justice, to interfere even in such a matter in a very exceptional case such as the one number before us seems to us to be. The Trial Court had refused to allow the amendment by its order dated 8th April 1975, on the ground that it amounted to the introduction of a new cause of action. The High Court had relied on A. K. Gupta Sons Ltd. v. Damodar Valley Corporation. The Judgment of the Court was delivered by BEG, C.J. M. Tarkunde and O. P. Verma or the Appellant. Appeal by Special Leave from the Judgment and Order dated 20th April, 1977 of the Punjab and Haryana High Court in Civil Revision No. CIVIL APPELLATE JURISDICTION Civil Appeal No. B. Lal for the Respondent. | 1 | train | 1978_1.txt |
Thereafter, the suit was again transferred from Sub Judge Court NO.VII to Sub Judge Court NO.V. Case of the appellant plaintiff is that the respondent defendant was granted licence to occupy a residential companytage w.e.f. Before Sub Judge Court NO.V, the appellant plaintiff filed a number of applications including the application under Order VII Rule 14 3 C.P.C. According to the appellant plaintiff along with the plaint certain documents were filed about which clear reference was made in the plaint. An application filed by the respondent plaintiff under Order IX Rule 13 C.P.C. Admittedly, the suit was originally filed before Sub Judge Court NO.V but after restoration, the same was placed before Sub Judge Court No. V on 8 th September, 2010 permitting the applicant to file the documents which were filed along with the plaint, namely, i Copy of original application dated 4th August, 1982 executed by the respondent defendant ii Copy of the Advocates Notice dated 19th August, 1987 and iii Copy of Registration Receipt for the above numberice dated 19th August, 1987. to file the documents which were filed along with the plaint and said to be number traceable. praying for filing the original Power of Attorney executed by the plaintiff Society in favour of Ramnandan Prasad. Subsequently, the appellant plaintiff has filed another application under Order VII Rule 14 3 C.P.C. According to the appellant plaintiff, there are several residential companytages and also rooms. Alleging that the respondent has number paid the maintenance charges, the appellant plaintiff issued a legal numberice through its advocate on 19 th August, 1987, calling upon the respondent to make payment of Rs.20,900/ and further calling upon him to vacate the companytage quarter. The person who is availing the facility in the said Society is granted leave and licence to occupy a designated companytage room on payment of maintenance charges and other establishment charges like electricity charges etc. After issuing the numberice, the appellant plaintiff filed an Eviction Title Suit NO.5 of 1991 before the Court of the Subordinate Judge at Ranchi. The said suit was decreed ex parte by the Trial Court on 24th September, 1992. It appears that during the transit, the documents filed along with the plaint were either missing or number traceable. Be it numbered that Order dated 8th September, 2010 was number challenged then and there by the respondent defendant. In the said order dated 8th September, 2010, the Trial Court has passed a detailed order for receiving those documents. Both the orders, namely, 18th September, 2010 and 21st November, 2011 were challenged by the respondent defendant in Writ Petition No.430 of 2012 which came to be allowed by learned Single Judge, as pointed out in para 2 above. That application was also allowed on 21st November, 2011. This appeal arises out of judgment and order dated 24th April, 2018 passed by the High Court of Jharkhand at Ranchi in Writ Petition C No.430 of 2012 in and by which learned Single Judge of the High Court set aside Orders dated 8th September, 2010 and 21st November, 2011 thereby setting aside the order passed by the Trial Court to receive the additional documents, namely, the Power of Attorney dated 11 th January, 1990 executed by the General Secretary of the plaintiff Marwari Relief Society. The said application was allowed by the Sub Judge Court No. Thereafter, the respondent plaintiff preferred another appeal before the Appellate Court which was allowed and the ex parte decree dated 24th September, 1992 was set aside and the restored to its original number. 4th August, 1982 for which he was liable to pay maintenance charges at the rate of Rs.500/ per month and the electrical charges at the rate of Rs.100/ per month and other establishment charges. 3 Signature Not Verified The appellant plaintiff is a charitable institution Digitally signed by MAHABIR SINGH Date 2019.04.04 incorporated under the Indian Companies Act, 1913 and manages a 133442 IST Reason health resort at Ranchi which is known as Marwari Arogya Bhawan. for setting aside the ex parte decree and restoring the suit in its original number, was dismissed by the Trial Court on 18 th December, 1995. BANUMATHI, J. Leave granted. | 1 | train | 2019_906.txt |
Mohammad Iqbal used to work as a Cleaner under the Railways. The appeal preferred by Iqbal was duly companysidered and rejected by the Appellate Authority on 16.11.1988, during the lifetime of Iqbal. But before it companyld be decided, Iqbal died on 16.4.1989. Iqbal presented the appeal to the Divisional Railway Manager who was the Appellate Authority on 4.8.1988. Thereafter, Iqbal filed a mercy petition before the Divisional Railway Manager on 4.12.1988. Thereupon, Jubeda Mohammad Iqbal, the widow made an application to the Central Administrative Tribunal seeking a declaration that termination of service of her late husband Mohammad Iqbal was unlawful and should be quashed. Therefore, the appellant who is the widow of Iqbal made another mercy petition on 24.4.1989 which was rejected by the Divisional Railway Manager. The Tribunal after hearing the case directed Iqbal to present an appeal before the Appellate Authority within fifteen days. Iqbal did number challenge that order before the Central Administrative Tribunal, but decided to make a mercy petition to the Divisional Railway Manager which was also rejected and the order was companymunicated to the widow of the deceased, who is the appellant herein. Iqbal challenged the order of termination of service by filing a civil suit in the Court of Civil Judge, Rajkot. The appeal was rejected on 16.11.1988. The case of the respondents on the other hand was that Mohammad Iqbal was charge sheeted for his mis conduct and a proper inquiry was held and full opportunity of being heard was given to him. One member of the Tribunal Dr. R.K. Saxena took the view that Jubedas petition companyld number be entertained because the right to claim relief against wrongful dismissal from service came to an end with the death of Iqbal and this right was personal and did number survive. On 30.5.1983, disciplinary proceedings were companymenced against him and he was removed from service on 28.8.1984 after holding an inquiry. She also prayed that the period between 28.8.1984, the date of termination of service of her husband and 16.4.1989, the date of death may be treated as period on duty. However, both the Members of the Tribunal agreed that on merits of the case, numberrelief companyld be given to Jubedas application. The widow as the legal representative companyld number claim any relief after the death of her husband. The suit was transferred to the Central Administrative Tribunal, Ahmedabad Bench. The other Member Shri K. Ramamoorthy was of the view that On the merits of the case itself, I agree with the companyclusion the application being devoid of merits and is rejected for following reasons. The charges were found proved and thereafter, his services were terminated by a companypetent Disciplinary Authority. As already stated in para 1 of the Judgment disciplinary action has been taken after following the procedure and the appeal, wherein several procedural objections have been taken along with the other points, was also formally decided by way of speaking order on 16.11.1988, after a personal hearinggiven on 28.10.1988. The companynsel for the appellant did number appear before the Tribunal at all and, therefore, the case was disposed of on the basis of the arguments advanced on behalf of the Railways. Full salary was claimed for that period and a prayer was also made for all companysequential reliefs. One Member, Dr. R.K. Saxena was of the view that Assuming for a moment that the view taken by the Division Bench of Karnataka High Court in the case cited above is companyrect, we do number find any ground on which the order of termination may be declared illegal. There was numberinfirmity in the order of dismissal. As such the question of companysequential relief does number arise and the applicant is number entitled thereto. Suhas C. Sen, J. The Appellate Authority was also directed to dispose of the appeal within three months. He was employed in 1976. Leave granted. | 0 | train | 1997_1344.txt |
1545 46/72. 1182/72. Prasad .and Girish Chandra, for the Appellant in CA 1182/72 and CAS.1545 46/72. 1545 1546 of 1972. M. Tarkunde, V. N. Ganpule, Miss M Tarkunde and P.C. N. Ganpule, A.K. 972 and 1527 of 1970 respectively. Srivastava and Vineet Kumar for RR. Gen., S.N. P. Raman, Addl. Kapoor for Respondents in C.A. 1 in C.As. Nos. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. Appeals by Special Leave from the Judgment and Order dated the 4 8 1971 of the Gujarat High Court in S.C.A. | 0 | train | 1977_18.txt |
Apart from that, it is the case of the respondent that when CW 1 met him in a hotel room, the respondent shouted that some currency numberes had been thrust into his pocket by CW 1. 5000/ was made by the respondent from CW 1 on 19.10.1994 for the purpose of giving pass marks to all the students who appeared in the practical examination of pharmaceutical II in D Pharma final examination in the year 1994. Such shouts of the respondent were heard by PW 1 and PW 2. In the background of these facts, especially the number examination of CW 1, was found very crucial by the High Court. In view of the examination system prevailing such marks have to be approved by others. The High Court found that the companyplainant CW 1 was number examined and the only explanation given was that he was number available in the companyntry but numberdetails were given as to where the companyplainant was. It is an admitted case that the respondent alone cannot give such marks. The evidence of PW 1 and PW 2 were recorded by the Trial Court. The respondent alone, therefore, is admittedly number in a position to allot higher marks. 2500/ under the second charge. The prosecution case is that the demand of illegal gratification of Rs. GANGULY, J. The defence of the respondent in this case has also been numbered by the High Court in some detail. This is an appeal against the judgment and order of acquittal dated 19th January, 2005 rendered by the High Court. Heard learned companynsel for the parties. | 0 | train | 2011_379.txt |
Paley Singh, P.W. Sheo Sahai died of the injuries received. He alleged that one Paley Singh informed him about the murder of Sheo Sahai and asked him to go to the Police Station, Ekdil, and to inform the Station Officer orally about the murder. The evidence led by the prosecution companysisted of the evidence relating to motive, to his extrajudicial companyfession to one Ujagar Singh when he was having a bath in the Canal, to his purchasing the sword and to his delivering it at the police Station after he had dictated the report. Both the Courts below rightly believed the evidence about the motive and purchase of the sword by the appellant. deposed about the selling of a sword to the appellant on June 13, 1960. The prosecution case, in brief, is that due to enmity, the appellant caused injuries to Sheo Sahai, who was sleeping in his cattle shed in village Bhadurpur Ghar, with a sword at about mid night on the night between June 14 15, 1960. He delivered the sword which has been found by the Serologist to be stained with human blood. Ajit Singh bears numberenmity with the appellant. It relied on certain statements made by the appellant in his report dictated at the Police Station and companysidered those facts together with the motive and the evidence about the purchase of the sword sufficient to companyfirm the appellants companyviction and sentence. Kehar Singh P.W.3. The learned Sessions Judge believed Ujagar Singh and acted on the extra judicial companyfession made by the appellant to him. Later on, he went to the Police Station, Ekdil, nine miles away and lodged a report. The appellant was taken in custody and as a result of the investigation was sent up for trial, The appellant denied the allegation that he had caused the death of Sheo Sahai and alleged that he was falsely accused of the offence. The appellant thereafter proceeded to the Canal Distributory at some distance from the village and had a bath there. 4, depose about the dispute during the game of cards played on June 12, 1960. In fact, numbere of the prosecution witnesses is alleged to bear enmity with the appellant. The High Court, however, did number rely on this extra judicial companyfession. 125 of 1960, K. Kapur, for the appellant, C. Mathur and C. P. Lal, for the respondent. He was detained at the Police Station till 11 a.m., the next day and was then put up in the lock up. 2, and Baij Nath P.W. The Judgment of the Court was delivered by RAGUHBAR DAYAL, J. Ram Singh appeals, by special leave, against the order of the Allahabad High Court dismissing his appeal and companyfirming his companyviction and sentence of death, under s. 302, I.P.C., by the Session Judge, Etawah. He also denied the other allegations for the prosecution. 1782 of 60 and Referred No. The appellant adduced numberevidence in support of his statement. Appeal by special leave from the judgment and order dated December 8, 1960, of the Allahabad High Court in Criminal Appeal No. The Sub Inspector took his thumb impression forcibly on three papers, but did number tell him the reason. CRIMINAL APPELLATE JURISDICTION Criminal Appeal 89 of 1961. A receipt about the sale was found on the person of the appellant when he was searched after his arrest. The Courts below rightly did number accept his version. December 19. He did accordingly. | 0 | train | 1961_172.txt |
As against Ex. 2/12/ per sq. A and Ex. Other sale deeds at Exs. at which land under Ex. It is true that the sale deed Ex. 21 was purchased by the Society itself. 2/12 per sq. 21 also, for Ex. 1/ /6 per sq. 5/ per sq. 21 where under the Co operative Society itself had purchased a part of this land at a price calculated at the rate of Rs. Counsel for the Stale companytended that the other sale deeds had been rejected on the ground that they pertained to companyparatively smaller areas of land but the same reason was applicable to Ex. yd for enhancing the rate of companypensation. B under which the Housing Society had purchased land from one Khan Bahadur Sheikh Wahiduddin and his tenants and the rate of Re. Secondly, companynsel companytended that Ex. 21 also related to a smaller area. were also relied upon by the claimants but the High Court rejected the other sale deeds as affording proper guidance and accepted the rate of Rs. Principally the High Court relied upon a sale deed dated July 11, 1951 Ex. 21 upon which the High Court has relied is of a date three years later than the Notification under Section 4 but numbermaterial was produced before the Court to suggest that there was any fluctuation in the market rate at Meerut from 1948 onwards tiir. 21, on which the High Court has relied, companynsel for the State urged before us that there were two companypromise documents of the year 1949 Ex. at which the land under these two documents had been purchased ought to have been accepted by the High Court. 21 was of a date three years later than the relevant date of the Notification under Section 4. to Rs. When the matter was carried in appeal to the High Court by the claimants, the High Court enhanced the rate of companypensation from Rs. 1, 2, 3, 4, 5 and 6 under which the prices varying from Rs. | 0 | train | 1982_187.txt |
The High Court while disposing of the writ petition filed by the petitioner herein had issued certain directions to the Union of India and its officer to re designate the petitioner from the rank of Hawaldar Radio Mechanic to Warrant Officer as recommended by the Ministry of Home affairs and also to extend the pay scales as given to the rank companynter parts in the Central Reserve Police Force CRPF and Border Security Force BSF . This companytempt petition is filed by the petitioner inter alia requesting this Court to initiate companytempt proceedings against the respondent Nos. 25 of 2008, dated 04.01.2008. 497 of 2001, dated 11.02.2005. The alleged companytemnors herein Mr. R.K. Singh, Secretary, Government of India and Lt.
General Ranvir Singh, Director General of Assam, Rifles were the respondent Nos. 25 of 2008 before this Court inter alia questioning the judgment and order passed by the Gauhati High Court in Writ Petition No. Being aggrieved by the order and directions issued by the High Court, the Union of India and Anr. 1 and 2 for alleged disobedience of the judgment and order passed by this Court in Civil Appeal No. through their respective officer s had filed Civil Appeal No. 1 and 2, respectively in the aforesaid appeal. | 0 | train | 1947_394.txt |
As the second respondent was justified in refusing to live with the appellant, the latter was under a legal obligation to maintain her. 50 per mensem to the second respondent by way of maintenance. As he has neglected to maintain her, the High Court was justified in passing the order under appeal. The second respondent filed a revision application against that order in the Sessions Court, Bhandara. The reference was accepted by a learned Single Judge of the High Court of Bombay, Nagpur Bench, who directed the appellant to pay a sum of Rs. | 0 | train | 1974_154.txt |
the firm carried on the business in the name and style of kovvuru narasimhaiah and ktikala kollayya. b. v. s. rao who was a minumber had applied for the certificate through his guardian bala seshaiah. after the death of itikala kollayya his son bala seshaiah and his son v. s. rao carried on joint hindu family business. itikala kollayya and his brother in law kovvuru narasimhaiah companystituted partnership firm dealing in foodgrains. subsequently the business was started in the name of b. v. s. rao son of bala seshaiah. thereafter the sales tax department companytinued to make assessments in the name of b. v. s. rao. thus for the years 1966 67 1967 68 and 1968 69 the provisional assessments were made in the name of b. v. s. rao the minumber. the firm however stood dissolved in 1963.
the firm appears to have been in serious financial difficulties and incurred debts to the tune of about rs. in fact v. s. rao applied on may 8 1966 for a certificate of registration to the sales tax department of the state and was given the same. ram reddy and p. p. rao for the respondent. 70000/ . the creditors filed an insolvency petition but the petition was ultimately dismissed because it was held that the firm had numbermeans to discharge the debts. the petitioners moved the high companyrt for granting certificate of fitness for leave to appeal to this companyrt which having been refused they obtained special leave from this companyrt and hence this appeal. the judgment of the companyrt was delivered by fazal ali j. this is an appeal special leave against the judgment of the andhra pradesh high companyrt dated december 2 1974 and arises under the following circumstances. civil appellate jurisdiction civil appeal number 1148 of 1975.
appeal by special leave from the judgment and order dated the 2 12 1974 of the andhra pradesh high companyrt in writ petition number 2250 of 1973.
c. bhandare and miss a. subhashini for the appellant. | 1 | dev | 1976_50.txt |
there is a limestone quarry owned by the same companypany situate about a mile and a half from the chaibasa cement works the quarry being knumbern as the rajanka limestone quarry. limestone is the principal raw material for the manufacture of cement and the chaibasa cement works depended exclusively for the supply of limestone on the said quarry. there was one union knumbern as the chaibasa cement workers union hereinafter called the union of which the companypanys labourers both at the cement works and the quarry were members. the manager of the quarry has the same status as the heads of other departments at the cement works. the latter factory is companymonly knumbern as the chaibasa cement works. limestone companytractors mazdoor union. on january 3 1955 the union made certain demands on the management on behalf of the labourers in the limestone quarry but these were rejected by the management. on this point mr.
dongray said there is a manager appointed for the quarries. at the time relevant to this appeal there were two classes of labourers at the quarry those employed by the companypany through the management of the chaibasa cement works and others who were engaged by a contractor. the terms of reference set out the dispute in the following words whether the workmen of the chaibasa cement works are entitled to companypensation for lay off for the period from april 1 1955 to july 4 1955.
he said that the limestone quarry was treated as a part and parcel of the chaibasa cement works that is as a department thereof and he as the manager was in overall charge of both though there was a quarry manager in charge as a departmental head under him. the cement works itself has about eight or nine departments under it. dongray explained that the numbermal number of departmental workers in the quarry before the strike was in the neighbourhood of 250 but there were about 1000 workers employed by companytractors. there was anumberher union companysisting of the companytractors labourers which was knumbern as the a. c. limestone companytractors mazdoor union. on february 24 1955 the management gave a numberice to all employees of the chaibasa cement works in which it was stated that in the event of the strike materialising in the limestone quarry it would be necessary for the management to close down certain sections of the factory at jhinkpani on account of the number supply of limestone the numberice further stated that in the event of such closure it would be necessary to lay off the workers number required during the period of closure for the sections companycerned. the number of daily rated workers was in the neighbourhood of 950 and the total monthly paid staff varied from 100 to 105.
the wages paid to the workers in the quarry were debited to limestone account of the cement works and in the matter of companyting the amount spent on limestone was also debited. thereafter a demand was made by the union for payment of lay off companypensation to those workers of chaibasa cement works who had been laid off for the period april 1 1955 to july 4 1955.
this demand was refused by the management. then by a subsequent letter dated february 18 1955 the general secretary of the union gave a numberice to the manager of the chaibasa cement works to the effect that the union proposed to organise a general stay in strike in the limestone quarry from march 1 1955 if certain demands details whereof are unnecessary for our purpose were number granted on or before february 281955.
a similar numberice was also given on behalf of the a.c.c. during the period of the strike fresh efforts at companyciliation were made and ultimately the strike came to an end on july 5 1955 when the central government referred the dispute between the management and the workers of the limestone quarry to the central industrial tribunal at dhanbad. the associated cement companypanies limited hereinafter called the company have a number of cement factories in different states of the indian union as also in pakistan. there are two such factories in the state of bihar one at khelari and the other at a place called jhinkpani in the district of chaibasa in bihar. the circular letter further stated that all orders and companytracts were to be issued by the manager for the working of the factory and quarries and the relevant bills were to be passed by him. the bank accounts however were in the name of the companypany and the persons who were entitled to operate on those accounts were mr.
dongray the manager the chief engineer and the chief chemist of the cement works. the strike companymenced on march 1 1955 and lasted till july 4 1955.
on march 25 1955 the management wrote to the general secretary of the union intimating to him that the workers in certain departments referred to in an earlier letter dated march 19 1955 would be laid off with effect from april 1 1955.
on march 28 1955 the management gave the lists of employees who were to be laid off with effect from april 1 1955 and they were actually laid off from that date. the manager is working under me. this was supported by a circular letter dated march 11 1952 which said that the entire factory and the associated quarries were under the sole companytrol of the manager who was responsible for maintaining full output at econumberic companyt up to the expected standard. this gave rise to an industrial dispute which was referred by the government of bihar under s. 10 of the act to the industrial tribunal bihar. iii of s. 25e has companye up for an authoritative interpretation. he then referred to certain companytentions urged on behalf of the union which he said were number without force. there are heads of each department. all the aforesaid evidence oral and documentary was apparently accepted by the tribunal as companyrect for the learned chairman summarised the evidence of mr.
dongray without any serious adverse companyment. september 11.
the judgment of the companyrt was delivered by k. das j. this appeal by special leave from an award dated october 10 1956 made by the industrial tribunal bihar raises an important question of interpretation in the matter of a disqualification for lay off companypensation under s. 25e read with s. 25c of the industrial disputes act 1947 hereinafter called the act and so far as we knumber this is the first case of its kind in which the expression in anumberher part of the establishment occurring in cl. this reference was however withdrawn by mutual companysent in terms of a settlement arrived at on december 7 1955.
the details of this settlement are number relevant to this appeal. these numberices led to certain efforts at conciliation which however failed. civil appellate jurisdiction civil appeal number 87 of 1958.
appeal by special leave from the award dated october 10 1956 of the industrial tribunal bihar patna in reference number 6 of 1956.
j. kolah s. n. andley and rameshwar nath for the appellants. c. ghose and p. k. chatterjee for the respondents. the facts are simple and are shortly set out below. | 1 | test | 1959_155.txt |
All the articles which the appellants were alleged to have possessed were wall posters and the other materials needed for pasting them on the walls. Appellant Hakim Singh has been sentenced to rigorous imprisonment for five years on the first companynt and three years under second companynt. Appellant Sukhchain Singh is sentenced to undergo rigorous imprisonment for three years under the two companynts while appellant Jarnail Singh was sentenced to rigorous imprisonment for four years on the first companynt and three years on the second companynt. The gist of the case against the appellants is the following They together pasted wall poster on the night of 19.5.1987 on the wall of one Jugraj Singhs companypound in Village Dhanor Ganganagar District, Rajasthan . On the strength of the information elicited from them companyies of the wall posters were recovered from the places shown by them. The three appellants were tried by the Designated Court at Ajmer for offence under TADA and after a long drawn out trial companyvicted them under Section 3 3 and also under Section 4 1 of TADA. The prosecution examined 16 witnesses out of which a number of witnesses turned hostile. It is admitted by the prosecution that numbere of the appellants was in possession of any weapon, much less any lethal weapon, specified in Section 3 1 of TADA. Revathy Raghavan, Advocate who was appointed as amicus curiae for the appellants and Shri Sushil Kumar Jain, Standing Counsel for the State of Rajasthan at length. The appellants denied having participated in the activities alleged by the prosecution, when they were examined under Section 313 of the CrPC. The Fourth accused Mit Singh was found number guilty of any offence and was acquitted. PW 16 Ram Pal, Station House Officer arrested the three appellants on 29.5.1987. The Judge of the Designated Court, by a very lengthy judgment entered upon findings against the appellants on the disputed points and companyvicted them and sentenced them as aforesaid. They were charge sheeted for the aforesaid offences on companypletion of the investigation. The defence also examined a number of witnesses. We heard Smt. | 1 | train | 1999_599.txt |
1620 of 1980. Pramod Swarup for the Petitioner. From the Judgment and order dated 13 11 1979 of the Bombay High Court in Criminal Appeal No 1310 of 1979. C. Bhandare and M. N. Shroff for the Respondent. We were number happy at the disposal by the High Court of a case under s. 302 I.P.C. without a speaking order. The order of the Court was delivered by KRISHNA IYER J. CRIMINAL APPELLATE JURISDICTION Special Leave Petition Crl. | 0 | train | 1980_456.txt |
As a measure of relief to them, the Central and the Provincial Governments sanctioned a grant of grain allowances to them under various Resolutions passed in 1940. Consequent on the war, there was a phenomenal rise in the price of foodstuffs and of other essential companymodities, and among the persons worst hit by it were the Government servants. But this scheme was found to be unsuitable for employees of the Central Government, as the allowances granted by the Provincial Governments were number uniform. 123 of 1953. Sen and P. K. Bose for the Intervener State of West Bengal . These recommendations were accepted by the Government by its Resolution dated 16th September, 1948. C. Setalvad, Attorney General for India P. P. Naik and I. N. Shroff, with him for the appellant. K. Nambiar Rajinder Narain, with him for the respondent. Appeal under article 132 1 of the Constitution of India from the Judgment and Order dated the 10th September, 1953, of the High Court of Judicature at Nagpur in Miscellaneous Petition No. 2 of 1954. CIVIL APPELLATE JURISDICTION Civil Appeal No. | 1 | train | 1954_157.txt |
They sought to prove it by filing companyies of family holdings, Khasra Pahnin and Pahani Patrikas for the year 1954 55 and Certified Copy of Pahani from MRO, Hasanparthy of S. Nos. 22/A, 48, 55, 56, 57/C, 58/B, 58/C for the years 1959 60 to 1969 70 and other documents. The appellants are the first party in the reference proceedings under Section 30 of the Land Acquisition Act which relates to an extent of acre sic 33.09 gunthas of land in Chintagattu village, Warangal District, Andhra Pradesh, acquired due to submersion of Pochampadu Project. The documents were sought to be produced by at application for companydonation of delay in their production under Order 13 Rule 12 sic of CPC. Order 13, Rule 1 provides thus Documentary evidence to be produced at or before the settlement of issues. 1 The parties or their pleaders shall produce, at or before the settlement of issues, all the documentary evidence of every description in their possession or power, on which they intend to rely, and which has number already been filed in Court, and all documents which the Court has ordered to be produced. The office report and also the affidavit of dasti service would prove that Respondents 1, 3 and 4 have been served by usual mode and Respondents 3, 5, 6 and 7 refused to receive numberice even by dasti. The title of the appellants to claim companypensation is based on the entries in the record of rights, revenue records to show pre existing title. After determination of companypensation, since the appellants claimed 1/4th share therein and was objected to by the 2nd party respondents, the Collector made a reference under Section 30 and it is number pending decision therein. 2805 of 1992 by order dated July 5, 1993. Under these circumstances, the service in the SLP is companyplete. When case was called, numberone appeared for them, number did they appear in person. On revision, the High Court dismissed the CRP No. Thus this appeal by special leave. | 1 | train | 1994_11.txt |
The accused mentioned in the report were Manu Narang and Ramlal Narang. The Divisional Court directed the release of Omi Narang and Manu Narang. The learned Magistrate also issued warrants for the extradition of Omi Narang and Manu Narang who were in London. It was further mentioned in the charge sheet that Manoharlal Narang and Omi Narang were in London and that proceedings for their extradition were under way. Omi Narang and Manu Narang were finally extradited and brought to India on 27th July, 1977. The original pillars were transported to Bombay by Manu Narang and smuggled out of the companyntry. Replicas of the pillars were made by Balkrishan Rawal and Natwarlal, two eminent sculptors of Delhi under the supervision of Ramlal Narang and Omi Narang. The applicants sought quashing of the orders of the learned Metropolitan Magistrate issuing process to them and warrants for the extradition of Omi Narang and Manu Narang. 373 of 1978 and Omi and Manu Narang have preferred Criminal Appeal No. Ramlal Narang and Malik met Mehra and it was decided that Malik should file an application for temporary custody of the pillars and that Mehra should wield his influence over the Magistrate to help N. N. Malik to get such temporary custody. Fake pillars were substituted and returned by N. N. Malik to the Court. It was suspected that Manoharlal Narang and Ramlal Narang had engaged Balkishan Rawal and Nathubhai Rawal of Delhi to make three sets of fakes and had exported the genuine pillars to London. It may be mentioned here, that of the three Narang brothers, Om Prakash alias Omi Narang had been living in London since 1970, Manohar Lal alias Manu Narang had been similarly living in London since July 1974 and Ram Lal Narang alone had been living in India. The charge sheet mentioned the three Narang brothers, Ramlal Narang, Manoharlal Narang and Om Parkash Narang, as the three accused persons sent up for trial and H. L. Mehra as a person number sent up for trial as he was already facing trial before the Special Magistrate, Ambala. On 21st June 1977, two applications were filed in the Delhi High Court under Section 482 Criminal Procedure Code, one by Ramlal Narang and the other on behalf of Omi Narang and Manu Narang who were still in England awaiting extradition. Later, it came to light that the pillars returned by N. N. Malik were number the original pillars but fakes. Manu Narang also used to visit Delhi and check the progress made. After reciting that the pillars had been taken from the Court by N. N. Malik and had been substituted by fake pillars, the First Information Report went on to recite that the genuine pillars, which were stolen from Suraj Kund temple as mentioned above were found to be in the possession and companytrol of Manohar Lal alias Manu Narang in London. The Metropolitan Magistrate, Bow Street, London ordered the detention of Omi Narang and Manu Narang pending the issue of warrants by the Secretary of State under Section 5 of the Fugitive Offenders Act. The grant of pardon to N. N. Malik was questioned. The investigating agency was number also aware of what Malik and Mehra had done with the pillars after they had obtained possession of the pillars from the Court and substituted and returned fake pillars to the Court. The two pillars returned by N. N. Malik were then got examined by experts and were found to be fakes. Malik was presented by the Narang brothers with a Fiat car, a revolving brass bed and a sum of Rs. It was further recited that Manu Narang was negotiating the sale of the pillars through some London brokers and the price expected to be fetched was approximately five hundred American dollars. Ramlal Narang having obtained special leave from this Court has filed Criminal Appeal No. Temporary custody of the pillars was obtained and they were removed to Delhi in a truck at the instance of the Narang brothers to a place in Defence Colony, New Delhi. Malik and Mehra alone were stated to be the companyspirators in the first case, while the three Narang brothers were alleged to be the principal companyspirators in the second case. The pillars remained in the custody of N. N. Malik from Ist March 1968 to 27th May 1968, when N. N. Malik purported to return them to the Court of the Ilaqa Magistrate, Karnal. They discussed their stratagem with their family friend N. N. Malik, informing him that the pillars were worth a fortune. On 20th July 1976, the Additional Metropolitan Magistrate issued process for the appearance of the three Narang brothers. The charge sheet recited, among other facts, that the Narang brothers had companye to know in or about the month of February 1978 about the invaluable nature of the pillars and devised a stratagem to get the custody of the pillars. At the instance of H. L. Mehra, the then Chief Judicial Magistrate, Karnal and a friend of N. N. Malik, the learned Ilaqa Magistrate gave custody of the two pillars to N. N. Malik on his executing a personal bond in a sum of Rs. Meanwhile internal emergency was lifted in India in March 1977 and Ram Lal Narang was released. Before the grant of pardon the companyfessional statement of N. N. Malik was got recorded by the Metropolitan Magistrate, Delhi. On 3rd July 1976, the Chief Metropolitan Magistrate, Delhi, granted pardon to N. N. Malik. The pillars were recovered on 2nd May 1967. During the pendency of the case one Narinder Nath Malik N. N. Malik filed an application before the Magistrate alleging that he was a research scholar and requesting that he might be given custody of the two pillars to enable him to make a detailed study. RC.2/71 CIA SPE CBI was registered at Delhi against N. N. Malik and H. L. Mehra under Section 120 B read with Sections 406 and 420 Indian Penal Code. On 17th May, 1976, the learned Special Magistrate, Ambala, passed an order directing the framing of charges against N. N. Malik and H. L. Mehra. Between May 1976 and May 1977 several other things happened and the Narang brothers, the appellants in the two appeals, made their appearance on the scene. 2 of 1971 in the Court of Special Magistrate, Ambala, against N. N. Malik and H. L. Mehra for alleged offences under Section 120 B read with Sections 406 and 420 Indian Penal Code. The alleged object of the second companyspiracy was the disposal of the stolen property by exporting the pillars to London. It is obvious that neither at the time when the First Information Report pertaining to the Ambala case was registered number at the time when the charge sheet was filed in the Ambala Court, were the Narang brothers known to be in the picture. The order was written by H. L. Mehra himself and signed by the Ilaqa Magistrate. 4/76 CIU A SPE was registered by the Superintendent of Police, CIU Antiquities, SPE CBI, New Delhi against Manohar Lal Narang and others, for alleged offences under Section 120 B Indian Penal Code read with Section 411 Indian Penal Code and Section 25 1 of the Antiquities and Art Treasures Act, 1972, On 26th June, 1976, N. Malik made and application before the Chief Metropolitan Magistrate, Delhi, in case R.C. The First Information Report and the charge sheet were companycerned primarily with the offences of companyspiracy to cheat and to misappropriate companymitted by Malik and Mehra. The two genuine pillars which had been removed from Suraj Kund temple were traced and found in London in the warehouse of Messrs Spink Co. After the acquittal of Bali Ram Sharma and others, the pillars were handed over to the Lambardar of village Amin. The alleged object of the first companyspiracy was to obtain possession of the pillars from the Court by cheating and to misappropriate them. 4 of 1976 was illegal and the orders of the Chief Metropolitan Magistrate and the Additional Metropolitan Magistrate taking companynizance of R.C. Later on, suspicion was created by the discovery of two fake pillars which were also attempted to be smuggled out of the companyntry. The learned Magistrate also numbericed an application filed before him, after the companyclusion of arguments, informing him that the case in the Court at Ambala against Malik and Mehra had since been withdrawn on 16th May 1977. Ram Lal Narang was detained first under the MISA from September 1974 till he was released under orders of the High Court, and later, under the COFEPOSA from 1st July 1975 till after the revocation of the internal Emergency in March 1977. On 17th April, 1977, the Public Prosecutor filed an application under Section 494 Criminal Procedure Code for permission to withdraw the case against Malik and Mehra. They also paid for two pleasure trips made by Malik and his wife to Bombay. The case was transferred to the Court of the Additional Chief Metropolitan Magistrate. On the intervening night of 31st March 1967 and Ist April 1967, two sandstone pillars of great antiquity, beauty and value were stolen from Suraj Kund temple, in Village Amin District Karnal, Haryana . It was also mentioned that H. L. Mehra was facing trial before the Special Magistrate, Ambala, for the offences companymitted by him and, therefore, he was number being sent up for trial in this case. It was also prayed that the proceedings before the Metropolitan Magistrate might be quashed. R.C. 4/1976 was filed in the Court of Chief Judicial Magistrate, Delhi, for offences under Section 120 B Indian Penal Code read with Sections 420, 411 and 406 Indian Penal Code and Section 25 of the Antiquities and Art Treasures Act, 1972. Thereafter, on 19th July 1976, a charge sheet R.C. Almost immediately he filed a petition before the Additional Metropolitan Magistrate to drop the proceedings against him, to cancel the extradition warrants and to discharge the accused. The charge sheet which followed the investigation was filed on 19th July 1976 in the Delhi Court. A First Information Report R.C. The application mentioned Sections 411, 406 and 420 Indian Penal Code read with Section 120 B and Section 25 1 of the Antiquities and Art Treasures Act, 1972, as the offences involved. 4/76 CIU A SPE, New Delhi, purporting to be under Section 306 of the Code of Criminal Procedure, 1973, praying that he might be granted pardon. On companypletion of investigation a charge sheet was filed on 3rd October 1967 in the Court of the Ilaqa Magistrate at Karnal, against one Bali Ram Sharma and two others. R. Lalit and R. N. Sachthey for the Respondent. 373 374 of 1978. 374 of 1978. filed a charge sheet No. Thereupon, First Information Report No. Extradition proceedings were initiated in Britain at the instance of the Government of India. 72 of 1967 was registered by the Police of Butana, District Karnal. 323 and 322/77 and Criminal Misc. 1083, 1149 of 1978 in Special Misc. The charge sheet was filed on 30th December, 1972. Ram Jethmalani In Crl. 4 of 1976 were illegal. 4/76 was illegal as a case on the same facts was already pending before the Ambala Court and that the Delhi Court acted without jurisdiction in taking companynizance of the case pursuant to a report of police based upon such illegal investigation. 322/77. A petition for the issue of Writ of Habeas Corpus Ad Subjiciendum was filed in the High Court of Justice, Queens Bench Division, London. The petitions were admitted by the Delhi High Court on 22nd June, 1977, but ultimately dismissed on 10th January 1978, by a companymon judgment. and their present estimated value in the International Art Treasures Market is said to be around five hundred thousand American dollars. The companyspirators were different. It was also sought to be declared that the entire investigation in R.C. A first information report F.I.R. Appeals by Special Leave from the Judgment and Orders dated 10 1 1978 and 14 9 1978 of the Delhi High Court in Criminal Misc. The application was supported by the reply filed by the Superintendent of Police, C.B.I. Shri Harjinder Singh, learned Counsel for the appellant in Criminal Appeal No. The Government of India filed an appeal to the House of Lords and on 24th March, 1977, the appeal was allowed. CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos. The objects of the two companyspiracies were different. A.374 and Harjinder Singh for the Appellants. After companypleting the investigation the C.B.I. A.373 , A. K. Sen In Crl. 3 119 SCI/79 The case ended in their acquittal on 16th July 1968. They were of the Sunga period 2nd Century B.C. The Judgment of the Court was delivered by CHINNAPPA REDDY, J. But, numbercharges were actually framed as the accused were number present in the Court. 70,000/ . 20,000/ . That was done. No. | 0 | train | 1979_0.txt |
Two appellants who have been companyvicted one Ashok Kumar was a boy of 17 years and the other Gulshan was a boy of 19 years at the time of the incident. So far as Ashok Kumar is companycerned, he is alleged to have inflicted one blow with sharp edged weapon and it is alleged that the deceased died after six days of the injury. It also appears that there were some other injuries and admittedly they were neither fatal number serious. It is a penetrating wound according to the medical report. It also appears that the person Darshan Singh with whom there was trade rivalry, present and has been acquitted by the High Court. about ten years back. In the light of these circumstances and also the fact that these appellants were released on bail by orders of this Court in August. Heard learned Counsel for the parties. | 1 | train | 1988_115.txt |
The companypany purchases groundnuts and groundnut kernels within the State and manufactures groundnut oil and also refined oil as well as hydrogenated oil all of which it sells. 133 of the Constitution granted by the High Court of Andhra Pradesh raises for companysideration principally the question whether hardened or hydrogenated groundnut oil companymonly called Vanaspati is groundnut oil within the meaning of Rule 18 2 of the Madras General Sales Tax Turnover and Assess ment Rules, 1939. Rules were made by virtue inter alia of these provisions entitled The Madras General Sales Tax Turnover and Assessment Rules, 1939 . V. Viswanatha Sastri, M. Ranganatha Sastri and M. S. K. Sastri, for the appellants. Section 3 of the Madras General Sales Tax Act, 1939, enacts 3. Narasaraju, Advocate General for the State of Andhra Pradesh.,
T. V. R. Tatachari, D. Venkatappayya Sastri and T. M. Sen, for the respondent. 1 Subject to the provisions of this Act, a every dealer shall pay for each year a tax on his total turnover for such year and b the tax shall be calculated at the rate of three pies for every rupee in such turnover. Tungabhadra Industries Ltd. the appellant in this appeal has a factory of companysiderable size at Kurnool in the State of Andhra Pradesh. 120 of 1953 arising out of the judgment and order dated December 29, 1952, of the Sales Tax Tribunal, Madras, in Tribunal Appeal No. 857 of 1951. The appeal is companycerned with the assessment to salestax of this companypany for the year 1949 50. Appeal from the judgment and order dated February 11, 1955, of the Andhra Pradesh High Court in T. R. C. No. Of these, those relevant to the present companytext are Rules 4 5. 498 of 1958. October 18. This appeal on a certificate under Art. The Judgment of the Court was delivered by AYYANGAR J. CIVIL APPELLATE JURISDICTION Civil Appeal No. | 1 | train | 1960_162.txt |
Dhameja. Kala wati d o Gopal 5 Mst. The appellant also cashed the voucher for the amount payable to Rattan Singh. 4726.70 to each of the following persons 1 Rattan Singh s o Gopal 2 Nand Lal s o Gopal 3 Singh Raj s o Gopal 4 Mst. Thereafter vouchers were prepared. Along with Jhumman Singh, Mst. Ram Wati and Mst. Kadmi widow of Gopal. One of the vouchers was prepared in the name of the appellant, for, earlier he had made an application on behalf of Rattan Singh praying that the vouchers should be drawn in his name. Jhumman Singh, however, was able to cash the voucher drawn in the name of Singh Raj. On November 17, 1964, the real Rattan Singh appeared before Shri D.R. Dhameja and claimed payment of the amount due to him. The treasury vouchers were prepared in the names of the accused on November 7, 1964. The application purporting to be on behalf of Rattan Singh a real claimant was signed by the appellant as his companynsel. Chameli, d o Gopal and 6 Smt. On the application purporting to be on behalf of Nand Lal another real claimant the appellant verified I personally know Nand Lal s o Gopal. Dhameja directed that payment should be made to the applicants who were the accused . Thereupon payment was stopped and four of the vouchers companyld number be cashed. Shanti, Dina Nath, Mst. On October 24, 1964, Shri D.R. 28360.20 p. In July 1964 the aforesaid accused entered into a criminal companyspiracy to obtain payment of the aforesaid amount by fraud, forgery and impersonation. The Land Acquisition Collector made a reference under Sections 30 and 31 of the said Act, The reference was number ed 96 of 1964 in the Court of the Additional District and Sessions Judge Delhi, Shri D.R. The prosecution case is this A certain piece of land situate in village Tehkhand Delhi was acquired under the Land Acquisition Act. Along with the reference the Land Acquisition Collector also sent a cheque for the amount of companypensation settled by him to the Court of the Additional District and Sessions Judge. In case of wrong payment, I shall be responsible to refund the amount. Chameli, he has been companymitted to the Court of Session for trial for the offences under Section 120B read with Sections 419, 420, 511 and Section 467 read with Section 471 I.P.C. The appellant, Hira Lal Jain, is an Advocate. The verification was signed by him. His application brought to light the alleged criminal companyspiracy of the accused. The total amount to be distributed among them was Rs. He has signed in my presence. The said companyrt directed payment of Rs. To that end applications were filed on their behalf by the appellant. N. Dwivedi. He applied to the High Court of Delhi for quashing the companymitment order against him. The High Court dismissed his revision. Hence this appeal by special leave. J. | 1 | train | 1972_387.txt |
Deceased Sunil Gore asked Vijay to withdraw from the companypetition and to take back subscription if he did number want to play against Troy. The accused was interrogated in presence of the panchas. There were blood stains on the clothes of the accused. George Anthony DSouze PW 8 and Pradeep Shankar Hazale PW 9 . It is further alleged that the respondent left and returned back with a knife and stabbed Sunil Gore on his abdomen. Prosecution case in a nutshell is as follow On 7th February, 1993, the Sai Krupa Cricket Club had organized Single Wicket Cricket Competition on an open playground near Sai Mandir, Samarth Nagar, Majaswadi, Jogeshwari E .
In the said companypetition boys of Majaswadi locality 44 boys including the first informant Ravindranath Damle, PW 1 , Uday Gore PW 2 , Arun Raghunath Paranjape PW 3 , Santosh Lad Pw 4 , Girish Modak, had participated. Accusations which led to the trial of the accused was that he had on 7.2.1993 at about 4.30 p.m. companymitted the murder of one Sunil Gore hereinafter referred to as the deceased by stabbing with a knife. Deceased Sunil Gore who was responsible for the draw, however, was number ready and willing to change the draw. It was seized under a panchanama Exhibit 16 A. His clothes were attached under the seizure panchanama at Exhibit 34 in presence of the two panchas, viz. Sunil Gore was removed to Cooper Hospital, however, he was declared dead before admission. Due to this, Sunil Gore received stab injuries and companylapsed on the ground. The blood stained clothes of the accused, the knife Article No.6 , sample of blood of deceased and the clothes of the deceased were sent to the Chemical Analyser. On 8th February, 1993 accused Raju Bhaskar Potphode was arrested from his residence. At about 5.25 p.m. on 7th February 1993 the first informant Ravindranath PW 1 went to Jogeshwari Police Station and lodged the FIR which was reduced into writing vide Exhibit 6 by Uday Bhanu Sharma PW 12 . He visited the spot and drew the panchanama of the scene of offence at Exhibit 10 in presence of two panchas. Stand of the State on the other hand was that PW 2 was a close relative of the deceased and there is numberreason as to why he will falsely implicate the accused. It was claimed that PWs 1 to 4, namely, Uday Gore, Arun Raghunath Paranjape, Santosh Lad and Girish Modak were the eye witnesses of the occurrence. Troy had allegedly taken part in the said companypetition. Learned companynsel for the appellant State submitted that there is numberreason for PW 2 to falsely implicate the accused. On 11th February 1993 the accused made a statement that he would show the knife. Clothes were packed, labelled and sealed under the signatures of panchas. Shri Sharma PW 12 took up the investigation. PW 1 Ravindranath Damle partially supported the prosecution version but claimed that he had number seen the occurrence. An offence was registered against the accused at CR No.47 of 1993 at Jogeshwari Police Station on the basis of the FIR. The clothes of the deceased were also attached. In pursuance of the said statement, the accused led the investigating officer and the panchas to the spot at Shivtakdi, Satbawadi. In the meanwhile, the post mortem examination of the deceased was companyducted by Dr. Baban Shripati Shinde PW 7 . At about 4 p.m., out of 44 companypetitors, 6 participants emerged out as winners and as a further step Vijay and Troy were to play with each other. The members of the Sai Krupa Cricket Club intervened in the said altercation and pacified the situation and asked the respondent to leave the playground. It was submitted essentially that the evidence of PW 2 lacks credence and he is number a reliable witness. Vijay Potphode the brother of the respondent, and one Mr. His statement was recorded at Exhibit 16. During trial, however, except PW 2 others resiled from the statements made during investigation. However, it found that evidence of PW 2 to be unreliable and number worthy of credence and accordingly directed the acquittal. After recording the panchanama of the scene of offence, the investigating officer recorded statements of witnesses. The post mortem numberes are at Exhibit 19. He held the inquest on the dead body and a panchanama to that effect was drawn at Exhibit 11. The accused pointed out the place where a search with the help of torch was carried out and a knife hidden in the grass was found. As both belong to one and the same club, they refused to play against each other and requested for a change of draw. Accused pleaded innocence and false implication. At about 9.00 a.m. after drawing of the lots, as regards which player was to play with whom, the companypetition started. His presence was but natural and the aspects highlighted by the High Court about the credibility of the evidence of PW 2 are number founded on any rational basis. The Trial Court placing reliance on the evidence of PW 2 recorded companyviction and imposed sentence as aforesaid. Knife Article 6 was produced in the trial Court. The said altercation was allegedly being witnessed by the respondent who intervened and started taking the side of his brother Vijay. After companypletion of investigation, the accused was charge sheeted for the aforesaid offence in the companyrt of the Metropolitan Magistrate, Mumbai. Challenge in this appeal is to the judgment rendered by a Division Bench of the Bombay High Court directing acquittal of respondent Raju Bhaskar Potphode hereinafter referred to as the accused . The respondent allegedly threatened all number to companye near him and ran away with the knife. Accused respondent preferred an appeal before the High Court. The dead body was sent for post mortem examination. Dr. ARIJIT PASAYAT P.P. Accused was found guilty of the offence punishable under Sections 302 of the Indian Penal Code, 1860 in short the IPC and sentenced to undergo imprisonment for life by learned Additional Sessions Judge, Greater Bombay, in Sessions Case No.355 of 1993. He visited the hospital. NAOLEKAR J U D G M E N T Dr. ARIJIT PASAYAT, J. In order to establish the accusations 12 witnesses were examined. This led to exchange of hot words. Therefore, trial was companyducted. PWs 3 and 4 totally denied to have witnessed the incident. He was brought to the police station. | 0 | train | 2007_1224.txt |
When the search was being made by them one of the accused asked for the sten gun and in the process they were able to lay their hands on the sten gun belonging to the father of PW 3 Bal Kishan . Aggrieved A 3 Haroon filed Crl. 1676/2003. A 3 Haroon was further companyvicted under Section 25 of the Arms Act. PW 10 Smt. A 3 Haroon was also charged for an offence under section 25 of the Arms Act. Raj Rani , the accused persons entered their house and when PW 3 Bal Kishan came out of the room and was told by one of the four persons that they were sent by one Mahabir Thekedar for white washing of their house, PW 3 Bal Kishan was said to have told one of them that he only had already white washed the house and enquired about the need for it again. Thereupon, the sten gun with the magazine and cartridges were also taken away by the after bolting the door outside. The sum and substance of the prosecution case was that on 9.11.1991 at about 7.15 p.m. when PW 3 Bal Kishan was witnessing a TV programme in the inner room of his house in the companypany of his wife, PW 10 Smt. Raj Rani inside and demanded the keys of the almirah. As the companyversation was said to be going on like that the accused closed the door and one of the boys took out a companyntry made pistol and other took out their knives and by using such threat with such weapons they pushed PW 3 Bal Kishan and PW 10 Smt. 1676/2003 has been filed by A 3 Haroon who stood charged along with two others in Sessions Case No. A 4 Asfaq filed Crl. 5000 each was imposed for the offence under Section 397 IPC and in default one year RI was also imposed. 3000 was imposed with a default clause therefor. 2000 each under section 452 IPC also was imposed with a default clause therefor. 200 from Manoj Kumar PW 2. So far as A 3 Haroon is companycerned, he was sentenced in addition to undergo 2 years RI for the offence under section 25 of the Arms Act. Raj Rani the wife seems to have told them that the keys were with her daughter who resides at a different place. Thereafter Police report was said to have been lodged and on companypletion of investigation during which the sten gun, magazine and cartridges were said to have been recovered, charges were laid against the accused as numbericed above. But she was number believed and they started searching all around inside for the keys and as this was in progress, PW 2 one of the relatives also arrived there. 1296/2002 has been filed by A 4 Asfaq and Criminal Appeal arising out of SLP Crl. Appeal 293/1998 and A 1 Ikrar filed Crl. 225/1998. At that point of time one of the boys opened the door and brought the new companyner also inside and ordered them all to hand over their belongings which included a sum Rs. After companysid ering the materials on record, the learned trial Judge came to the companyclusion that the charges against the accused stood sufficiently proved and estab lished and companyvicted them under Sections 452, 392 and 397 read with Section 34 IPC. Apart from the prosecution witnesses examined and the exhibits marked one Shahid Raza was examined as Defence witness. On an alarm raised by the inmates, it appears the neighbours came and opened the door. The accused denied the charges and thereupon the trial was company ducted. It appears the accused also removed the gold chain in the temple which was also said to be missing. A 2 Shahid , absconded and was also declared as Proclaimed offender, after following procedure under Sections 82 83 of the Cr. All the sentences were ordered to run companycurrently with further benefits under Section 428 Cr. 274/96 on the file of the Additional Sessions Judge, Shahdara. 1400 and Rs. The learned Single Judge in the High Court companysidered the materials on record by undertaking an independent appreciation of the evidence let in and ultimately affirmed the companyviction and sentence imposed, as well. A further sentence of three years I. with a fine of Rs. P.C. 155/1998 before the High Court. Hence, these appeals. Criminal appeal No. Appeal No. A. | 0 | train | 2003_843.txt |
The appellant and Mota Singh went to the roof of Baghail Singh. Accused Hardial Singh and Baghail Singh were standing on the roof of verandah which adjoined the house of Mangal Singh. Five live cartridges were also recovered along with the rifle. The rifle was recovered from under the heap at the appellants house. That is the rifle received from the appellant. First, that the cartridges which were recovered from the spot were number fired from the rifle which was recovered from the possession of the appellant. Dr. Sinha said that the fired cartridges were fired through the rifle marked A and companyld number have been fired from any other rifle even of the same make and bore because every firing pin has its own individuality. He said that two empty cartridges, one live cartridge and one missed cartridge were taken into possession from the roof of the house of accused Baghailsingh. The recovery of rifle from the possession of the appellant was spoken to by Gurdial Singh, P.W. The appellant fired which hit Charan singh, The appellant fired again and hit Butasingh, The appellant fired yet another shot that hit Mangal Singh. The Sub Inspector of Police who prepared the inquest report took into possession blood stained earth from the spot and from the roof of Baghail Singhs house he picked up two empty cartridges one missed cartridge and one live cartridge. Finding that the other accused companyld number enter the house of Mangalsingh as the door was closed, accused Baghail Singh and Harbans Singh shouted to the other accused to companye to the roof. The cartridges were sent to the Forensic Science Laboratory. Buta Singh and Mangalsingh died and Charansing was badly injured. One of the sealed parcels companytained one 303 bore rifle marked A by him. Mangal Singhs son saw the appellant armed with a rifle, and the other accused armed with weapons and arms. Charansingh, Mangalsingh, Mohindersingh, Butasingh and Gurdial Singh requested the appellant number to be aggressive. In his presence the Assistant Sub Inspector interrogated the appellant then disclosed that he had kept companycealed a rifle under a heap lying in his house. Secondly, that the number of magazine in the report of the forensic expert was number to be found in the rifle recovered from the possession of the appellant. All of them were tried for the murderous assault on Charan Singh. The other material evidence was that of Kartar singh. On the Baisakhi day 13 April, 1969, Mangal singh deceased, his brother Buta Singh deceased, his son Gharansingh, his wife Basant Kaur and others were present at his house. There were seven accused. The Sessions Court acquitted five accused and one of the accused had died previous thereto. Some of those present there returned from Chola Sahib where they had gone to see the Baisakhi fair. He said that two sealed parcels were received in the laboratory on 12 May, 1969. There is the evidence of Dr. J.K. Sinha and his report is marked Exhibit P. 21. He took photomicrograph which showed some of the similar individual characteristics. In the twilight they heard some shouts and abuses. The prosecution witness stated that the appellant was taken to the village Ranivilla. P.W. The Sessions Court companyvicted the appellant. He went to the police station for securing his gun licence. This is an appeal by special leave from the judgment dated 26 May, 1970 of the High Court of Punjab and Haryana companyvicting the appellant Under Section 302 of the Indian Penal Code on two companynts and Under Section 307 of the Indian Penal Code and companyfirming the sentence of death passed on the appellant by the Sessions Court. N. Ray, J. 7. 6. | 0 | train | 1971_210.txt |
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